Land Use

Cox Castle's Land Use team of over 30 attorneys guides clients strategically and efficiently through the complex and dynamic processes that define California land use. Our attorneys have unparalleled expertise in the California Environmental Quality Act (CEQA), which pervades almost every aspect of California land use work. We understand that project development involves both a legal framework and political considerations, which allows us to serve as strategic legal counselors to help our clients achieve their development goals.

We advise clients on every phase of the land use/development process, from pre-acquisition due diligence and entitlement strategy to environmental compliance to certificates of occupancy. We have successfully helped clients navigate the entitlement process in every forum (legislative, administrative, and judicial) for virtually every kind of development project, including:

• Housing (single family, multifamily, affordable, senior, master-planned, and mixed-use communities)
• Office/R&D (office, research and development, life science, corporate campus)
• Retail (shopping center, lifestyle center)
• Hospitality (hotel, resort, timeshare, online lodging services)
• Industrial (warehouse/distribution, logistics, manufacturing, landfill, quarry)
• Healthcare (hospital, assisted living, medical office building)
• Renewable Energy (wind, solar, battery, green hydrogen, geothermal)
• Educational Institutions (schools, colleges, and universities)

We maintain strong working relationships with federal, state, and local government officials and staff at every level in jurisdictions across the state, enabling us to effectively advocate for our clients’ objectives. We also serve as members and leaders of a range of industry, trade, government, and political organizations, further expanding our network. In a highly political environment, these key relationships often make the difference in achieving our clients’ objectives.

Entitlements and Permitting

Our entitlements practice spans the full range of local, state, and federal land use and environmental administrative processes.

Local Land Use Approvals

We help secure the full array of local land use approvals, including general plan amendments, specific plans, zoning changes, conditional use permits, variances, design review, subdivision approvals, historic resource approvals, and annexation. We counsel clients on issues involving fees and exactions, conditions of approval, compliance with local requirements, such as transportation demand management plans and reach codes, and, as discussed below, environmental clearance, including CEQA and NEPA strategy and compliance.

Environmental Review

We have advised clients on literally thousands of documents prepared to comply with the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). We stay current on the increasingly complex and technical issues involved in the analysis of impacts to biological resources, endangered species, transportation, greenhouse gas emissions, air quality and health risk assessment, water supply, and cultural and tribal cultural resources.

Housing Law

We keep pace with the rapidly changing field of housing law, advising clients on issues including the Density Bonus Law, Housing Accountability Act, Housing Crisis Act, SB 35, AB 2011, SB 6, inclusionary and other affordable housing requirements, and Housing Element Law. We track and regularly report on the latest legislative developments to keep our clients current.

Vested Rights

We regularly counsel our clients in securing vested rights to their entitlements, including filing preliminary applications for housing projects, processing vesting tentative maps, and negotiating development agreements in jurisdictions across the state.

Ballot Measures

Our attorneys advise clients on the strategic use of initiatives as a component of the entitlements process, including drafting the measures and coordinating with political advisors. We also counsel clients defending against referendum measures challenging their entitlements.

Resource Agency Permits

If a project will impact sensitive biological or aquatic resources (coastal, riparian, wetlands, navigable waters, etc.) we help guide applicants through the permitting processes to obtain state and local permits from a variety of agencies, including the US Army Corps of Engineers, EPA, the US Fish & Wildlife Service, the California Department of Fish & Wildlife, and the state and regional water boards.

In addition to cities and counties, our land use agency experience includes the state and regional water boards, air districts, the Public Utilities Commission, the California Energy Commission, the California Coastal Commission, the State Lands Commission, the Bay Conservation and Development Commission, the California State Office of Historic Preservation, the Building Standards Commission, the Tahoe Regional Planning Agency, the Native American Heritage Commission, and other regulatory and advisory agencies.

Land Use Entitlement Counsel for 432-Unit Affordable Housing Project
Represented developer as lead land use entitlement counsel in connection with the entitling of a 432-unit affordable housing project to replace outdated industrial buildings on an approximately eight-acre site. The project includes 66 rental apartments and 18 for-sale townhouses that would be affordable to low-income households. Cox Castle provided counsel on entitlement strategy; ensured compliance with applicable laws, including the California Environmental Quality Act (CEQA), Housing Accountability Act, Permit Streamlining Act, and State Density Bonus Law, among others; and negotiated the affordable housing agreements.

Land Use Counsel for 25-Acre Mixed-Use Development
Represented developer as lead land use counsel on a 25-acre development project consisting of approximately 175,000 square feet of commercial and civic uses and 275 multifamily residential units. The commercial component includes approximately 158,600 square feet of commercial space with a wide range of uses, such as restaurants, retail shops, wellness-focused retail and medical office, and creative office space. The civic space is comprised of a new, and larger county library. The residential component of the proposed project is comprised of two separate apartment buildings. The project was successfully approved.

Land Use Counsel for California’s First Offshore Wind Project
Represented renewable energy development company as lead land use counsel before the California State Lands Commission (CSLC), Coastal Commission, and National Oceanographic and Atmospheric Administration (NOAA) in connection with seeking permits to construct and operate what will be California’s first offshore wind project. Cox Castle continues to provide strategic counsel to the client regarding relationships with other stakeholders, including tribes and labor representatives.

Land Use Counsel for Net Zero Carbon Office Building Development
Represented developer in connection with a new 15-story office building in California. The project is a proposed net-zero carbon office building designed to redefine the workplace by maximizing the use of indoor and outdoor spaces and further creating a convertible design of the parking garage to be adaptable for potential future office uses. The project also includes restaurant and retail space and uncovered outdoor amenity areas. Cox Castle advised the client on all matters related to the project, including the initial acquisition of the site, planning options for future development, and all aspects of the city approval process, including compliance with the California Environmental Quality Act (CEQA).

Land Use Counsel for One of California’s Largest Logistics Center Developments
Represented developer for more than a decade as lead land use counsel in connection with one of the largest logistics center developments in California. Cox Castle represented the client in the preparation of two environmental impact reports; helping to obtain two sets of approvals from the City’s Planning Commission and City Council; defending 16 lawsuits brought by government agencies and environmental groups challenging the approvals; three trials and two appeals; and assisting in settlements which allow the development of the project to move forward.

Land Use Entitlement Counsel for Solar Energy and Battery Storage Project
Represented clean energy company as lead land use counsel in the entitlement of a 100-megawatt photo-voltaic solar energy and battery storage project in California. Project opponents sued to set aside the approval. As such, Cox Castle also represented the client as lead litigation counsel in the defense of the entitlements, representing both the county and developer. Cox Castle prevailed in both the trial court and the California Court of Appeal. The project won local approval and is expected to commence construction shortly.

Land Use Counsel for 500-Acre Master Planned Mixed-Use Development
Represented developer as lead land use counsel in connection with an over 500-acre master planned community in California. The project, as originally approved, includes the construction of 580 residential units, 200,000 square feet of retail development, 150,000 square feet of office development, and a hotel. Cox Castle continues to support the project on all aspects related to land use entitlements.

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