Overview

The White Brenner LLP land use group specializes in the acquisition of project entitlements, while providing a full range of services in land use planning, infrastructure finance and land conservation. The firm represents public agencies and private entities in all aspects of the entitlement process, from the application process to administrative proceedings and legislative approvals.

The firm takes pride in successfully obtaining land use and legislative approvals in numerous areas, such as the adoption and amendment of general plans and specific plans, development agreements, zoning amendments and variances, and Subdivision Map Act and Local Agency Formation Commission (LAFCO) proceedings.

Land Use Litigation

In California, ambitious projects often involve public controversy. Although the firm’s approach is to defuse disputes before litigation arises, the land use team includes practitioners who are highly skilled at initiating and defending lawsuits challenging project approvals and other land use determinations. The land use team has successfully litigated cases involving CEQA and NEPA approvals, development agreements, multi-million dollar infrastructure obligations, inverse condemnation and eminent domain proceedings.

General and Specific Plans

The firm has assisted numerous city clients with general plan and housing element updates. For specific plans and master developments, the firm’s experience representing both the public and private sector provides strategic insight to our clients throughout the application and approval process.

Development Agreements

In today’s economy, developers and public agencies must pay close attention to the phasing of residential, commercial and industrial development, and the infrastructure required for cities to sustainably grow. The land use group specializes in finding creative solutions tailored to the specific characteristics of each jurisdiction. Recent development agreements involve negotiations over a multi-million square foot industrial and commercial business park, revisions to vested approvals for a residential community, and development of a 475-acre residential and commercial mixed-use project that will ultimately seek certification as a LEED Gold neighborhood.

CEQA, NEPA, and Federal Permitting

White Brenner LLP provides cost-effective advice to ensure that environmental considerations are properly analyzed and mitigated under the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA), and during federal permitting under the Clean Water Act, Clean Air Act and Endangered Species Act. The firm maintains this approach working with consultants in the production of technical reports such as water supply assessments, wetlands delineations, species and habitat surveys, traffic analyses, and storm water pollution prevention plans.

LAFCO Proceedings

White Brenner LLP’s attorneys have successfully appeared before LAFCO boards in annexations and sphere of influence modifications ranging between 90 and 1,100 acres. The firm’s attorneys provide strategic advice for cities to consider the long-term effects of municipal service reviews and extra-territorial service agreements on future development.

Infrastructure

The land use group specializes in the development and financing of technologies that maximize the economic potential of backbone infrastructure. White Brenner LLP embraces “green” principles, such as tertiary water treatment, not only for their environmental benefits, but for improving the bottom line of municipalities and developers that operate those systems.

Conservation

Attorneys at White Brenner LLP understand the importance of balancing urban development with environmental preservation. The firm’s attorneys routinely advise public and private entities in Williamson Act compliance, biological and agricultural mitigation, and mitigation banks. Several of White Brenner LLP’s attorneys serve as directors of local land trusts and other conservation organizations.