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LAND USE
Shute, Mihaly & Weinberger LLP provides advice on and brings and defends litigation involving all aspects of general planning and zoning requirements, as well as specific plans, use permits, variances, and local government reorganization under the Cortese-Knox Act. Members of the firm have participated in drafting local general plans and zoning ordinances, Local Agency Formation Commission (“LAFCO”) guidelines, and state legislation concerning general plans and zoning requirements. The firm also negotiates development agreements and participates in other complex land use negotiations.
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The firm negotiated a landmark settlement agreement to limit development and protect natural lands in the Tahoe region’s Martis Valley. The centerpiece of the 2005 agreement is a steady source of regional conservation funding, projected to raise $30 million over 25 years to purchase and permanently protect natural lands in Martis Valley. The firm represented Sierra Watch and the Mountain Area Preservation Foundation in negotiating the agreement with Northstar-at-Tahoe. The agreement caps future development at Northstar, limiting the development footprint to less than 800 acres; permanently protects 4,900 acres of Martis Valley land, including priority conservation land along Highway 267; and establishes specific management practices to preserve wildlife habitat.
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The firm represents the County of Merced in connection with the University of California’s development of the new UC Merced campus and the County’s development of an associated University Community. Development of the University Community requires amendment of the County’s General Plan and compliance with a range of environmental statutes, including Section 404 of the Clean Water Act, the federal and state Endangered Species Acts, the National Environmental Policy Act, and the California Environmental Quality Act.
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The firm represents El Dorado County in connection with its adoption of a new, County-wide General Plan. The firm was retained following the invalidation of the County’s prior General Plan on CEQA grounds and is advising the County on CEQA and planning law issues related to the development and adoption of a new General Plan. The firm is also advising the County on the scope of the County’s interim land use authority and on legal issues arising from prior land use approvals.
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After bringing litigation on behalf of the City of Livermore challenging the approval of major development in the unincorporated area south of Livermore, the firm negotiated a complex settlement agreement among the City, Alameda County and private landowners that launched a cooperative planning process resulting in permanent protection of a substantial portion of the South Livermore Valley for agricultural use.
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The firm provided legal advice to the City of Malibu regarding the City’s adoption of its first general plan. The firm worked with the City to develop strategies for protecting the environment and avoiding unconstitutional takings of private property.
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The firm advised the cities of Benicia, Fairfield, and Vallejo in developing a long term planning strategy for open space lands between the three cities and now serves as general counsel to the Tri-City and County Cooperative Planning Group, a joint powers agency comprised of the three cities and Solano County. The Group is responsible for developing and implementing an agriculture and open space preservation plan for a 10,000 acre open space area. The firm drafted the joint powers agreement establishing the Planning Group and advises it in connection with plan preparation and administration, compliance with the California Environmental Quality Act, acquisition of land and open space easements, and other matters arising in the course of agency administration.
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The firm represented the City of Sacramento in negotiating a development agreement concerning mixed use redevelopment of the 240-acre Southern Pacific Railyards adjacent to the City’s downtown. The issues negotiated by the parties included phasing, major public facilities financing, design standards, vested rights, assignment rights, liability and hazardous materials remediation. The principles of agreement were memorialized in a Preliminary Agreement between the City and Southern Pacific Transportation Company, as well as in the specific plan and special zoning ordinance for the area. The firm also represented the City in negotiations with the property owners in the remainder of the 1000-acre Railyards/Richards Boulevard Redevelopment Area concerning the plan for redevelopment. The firm advised the City on environmental review and planning issues throughout the planning process.
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Following successful litigation by the firm on behalf of a local citizen group challenging the City of Fairfield’s annexation policies, the firm negotiated a settlement that resulted in formation of the Solano County Farmlands and Open Space Foundation and imposition of a Citywide Mello-Roos district to raise fees for open space acquisition and preservation in Solano County.
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On behalf of the Sierra Club and Tulare County Audubon Society, the firm successfully challenged the City of Visalia’s approval of a residential subdivision that encroached into riparian habitat protected by the City’s general plan.
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On behalf of the Mountain Area Preservation Foundation, the firm negotiated a successful settlement to preserve valuable open space in the Tahoe-Truckee area. The group challenged a massive resort development because the project was inconsistent with the Truckee general plan. After the trial court issued a tentative ruling in the group's favor, the developer agreed to contribute millions of dollars to a local land trust to protect nearby open space."
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To protect the Pleasanton Ridge from development, the firm, representing the Greenbelt Alliance, brought successful litigation challenging LAFCO’s sphere of influence designation for the City of Pleasanton.
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The firm represented an Amador County citizens’ group opposed to reactivation of an abandoned gold mine, challenging the County’s ordinance concerning vested rights under the Surface Mining and Reclamation Act, and negotiating an agreement that halted the project and required revision of County policies.
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The firm represented the Santa Cruz LAFCO in connection with controversial sphere of influence determinations, conditions and annexations in the Watsonville area. The major issues included preservation of agricultural land and conflicting interpretations regarding the definition of prime agricultural land among the County, the City of Watsonville and the Coastal Commission. The representation included advice, litigation defense and negotiation.
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The firm assisted the City of Berkeley in its preparation of general plan amendments and a specific plan to preserve open space on the privately held portions of the Berkeley Waterfront. The firm also successfully defended litigation against the plan and assisted the City in working with other cities, the East Bay Regional Park District and the State Department of Parks and Recreation to create an East Bay shoreline park.