Land Use

Newmeyer & Dillion LLP offers extensive and comprehensive counsel to both public and private-sector clients on all matters pertaining to the entitlement and zoning of real property for institutional, residential, commercial, office, industrial and infrastructure projects. The Firm’s areas of expertise cover all aspects of the California Environmental Quality Act (“CEQA”), the National Environmental Policy Act (“NEPA”), the Coastal Act, the California Planning and Zoning Law, the Clean Water Act, the state and federal endangered species acts, ballot box planning issues, and the Subdivision Map Act.

WIRELESS TELECOMMUNICATIONS SITING

As a part of its Land Use Practice, Newmeyer & Dillion LLP has extensive expertise in representing wireless telecommunications companies in the siting of wireless facilities throughout the State of California. Our Firm’s expertise includes experience litigating matters of first impression on state and federal law issues for wireless telecommunications companies.

The Firm can handle every aspect of the entitlement process:
  • Identifying the development potential and zoning status of real property and the permits and approvals needed to develop it or maximize its value.
  • Preparing land use and zoning due diligence reports for property acquisitions.
  • Guiding entitlement teams through government-related administrative processes before municipal staffs, planning commissions, city councils and boards of supervisors.
  • Advising clients in all categories of land use approvals, including development agreements, vested rights, general and specific plan development and amendments, zone changes, variances and conditional use permits.
  • Assembling and directing multi-disciplinary consulting teams to facilitate land use approvals.
  • Guiding clients through each step of CEQA and/or NEPA review, including preparing and defending Mitigated Negative Declarations, EIRs, and EISs.
  • Assisting clients with environmentally sensitive projects affected by Coastal Act, wetlands, resource protection, endangered species, archeological and historic preservation issues.
  • Identifying and executing strategic litigation advice and counsel regarding development of the administrative records for potential litigation.
  • Prosecuting or defending litigation related to subdivision, development and permit approvals.
The Firm's wireless telecommunications land use practice includes:
  • Assembling and directing cross-disciplinary teams in obtaining conditional use permits for private property sites.
  • Providing comprehensive advice to wireless companies on accessing the public rights-of-way and other issues pertaining to statewide public rights-of-way franchise rights.
  • Guiding wireless telecommunications companies through the CEQA process and providing advice on matters pertaining to the federal Telecommunications Act of 1996, Public Utilities Code sections 7901 and 7901.1 and the Coastal Act.
  • Providing advice regarding rights that inhere from existing conditional use permits, including counsel to wireless companies for ongoing site upgrades and site modifications.
  • Negotiating leases.
  • Providing in-depth litigation counsel in both federal and state courts on wireless telecommunications siting issues.