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Articles Posted in Bay Area

Published on: December 5, 2014

Developers of single- and multi-family density bonus projects should submit their applications now

by Neill Brower of Jeffer Mangels Butler & Mitchell LLP

By Neill Brower and Sheri Bonstelle
AB2222: Significant Changes to California’s Density Bonus Law Occur on January 1, 2015

Published on: June 17, 2013

Inclusionary Housing Ordinance Withstands Facial Challenge in New California Court of Appeal Decision; California Building Industry Association v. City of San Jose

by Matthew Hinks of Jeffer Mangels Butler & Mitchell LLP

By Matthew Hinks
The California legislature has declared the availability of housing for every Californian to be a matter of “vital statewide importance.” Thus, the legislature has charged local governments with facilitating the provision of housing for all economic segments of the community through the implementation of “housing elements” as part of the community’s general plan. The components of those housing elements, including an assessment of housing needs for all income levels, the identification of adequate housing sites, and a program that assists in the development of such housing to meet the needs of low-income households.

San Jose’s Inclusionary Housing Ordinance

To implement the state’s inclusionary housing policy, the City of San Jose (the “City”) passed in 2010 an Inclusionary Housing Ordinance (“IHO”). The IHO requires multi-unit residential developments including at least 20 units to set aside 15 percent of the units for purchase at a below-market rate to households earning no more than 110 percent of the area median income. Alternatively, the developer could comply with the IHO by paying an in-lieu fee not to exceed the difference between the price of a market rate and affordable housing unit or dedicating land.
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Benjamin M. Reznik

Ben Reznik is the founder and chair of the Government, Land Use, Environment and Energy Department at Jeffer Mangels Butler & Mitchell LLP. Ben's practice emphasizes real estate development entitlements, zoning and environmental issues. He appears regularly before planning commissions, city councils and other governmental boards and agencies, as well as the courts. Ben and his work have been featured in the Los Angeles Times and the Los Angeles Business Journal, and he has been included in the Los Angeles Daily Journal as one of California's "Top 100" lawyers. Ben leads a group of distinguished attorneys whose work has resulted in JMBM's inclusion in the U.S. News & World Report / Best Lawyers® list of Best Law Firms (2011, 2012, 2014, 2015) with a National First-Tier Ranking and a Metropolitan First-Tier Ranking (Los Angeles) in the area of Land Use and Zoning Law. Contact Ben at BMR@jmbm.com or 310.201.3572.

Kerry Shapiro

Kerry Shapiro has a comprehensive government, land use, environmental, and natural resources practice, with extensive experience working with NEPA, CEQA, the Endangered Species Acts, the Mining Law of 1872, FLPMA, the Mineral Materials Act, SMARA, and the Clean Water Act, in relation to various entitlements and public land matters and related litigation, at federal, state, and local levels. Kerry has also specialized in representing the construction and building materials industry on mineral extraction and land development projects for over 20 years, and has secured entitlements for the largest federally-approved sand and gravel project in the United States, obtained the first-ever vested rights confirmation from the State of California for the largest construction aggregate deposit in California, and successfully represented clients before the Ninth Circuit Court of Appeals on federal endangered species and mining law matters. Contact Kerry at KShapiro@jmbm.com or 415.398.8080.

Sheri Bonstelle

sherriBonstelle

Sheri Bonstelle's practice focuses on land use, zoning, environmental, litigation and construction matters. She manages all aspects of the entitlement process, including representing clients before local and state agencies, commissions and councils. She coordinates environmental review under the California Environmental Quality Act (CEQA) and National Environmental Protection Act (NEPA) and obtains permits and approvals necessary under the Clean Water Act, Clean Air Act, Endangered Species Act, California Coastal Act, and historic preservation laws. She also negotiates participation and development agreements with the Community Redevelopment Agency, and obtains approval of adaptive reuse projects in historic buildings in Los Angeles. She coordinates land use and environmental diligence review for large multi-property portfolio sales and represents signage companies and building owners with respect to preserving signage rights in Los Angeles. Sheri is a licensed architect in the State of New York. Contact Sheri at SBonstelle@jmbm.com or 310.712.6847.

Neill Brower

Neill Brower represents JMBM's clients in environmental and land use issues, including permitting and regulatory compliance under CEQA, NEPA, CERCLA, RCRA, the Clean Water Act, and the California Fish and Game Code. Prior to his legal career, Neill worked for 10 years managing and preparing a variety of environmental and urban planning documents, including environmental impact reports and statements, archaeological and historic resources technical studies, and natural resources permit applications. He also provided peer review of planning and technical documents. During this time, Neill worked extensively with local and state agencies as clients and as regulators. Contact Neill at NBrower@jmbm.com or 310.712.6833.

Matthew Hinks

Matthew Hinks is a litigator with a wide-ranging practice that focuses primarily on the representation of real estate developers in difficult land use cases. Matt has extensive experience litigating complex mandamus actions and other claims involving signage disputes, governmental takings, CEQA challenges, planning and zoning law, civil rights violations, eminent domain issues, title disputes, lease disputes and community redevelopment and density bonus law. He has extensive experience in both federal and state courts, including trial courts and courts of appeal, as well as in arbitration, mediation and administrative settings. Contact Matt at MHinks@jmbm.com or 310.201.3558.