David P. Lanferman

Dave Lanferman is a member of the Real Estate, Land Use and Environmental Practice Group in the firm's San Francisco office.

Areas of Practice

Mr. Lanferman's practice emphasizes land use planning and permitting, real estate development, environmental, and regulatory compliance for a wide range of private and public projects.  His practice includes extensive experience under the California Environmental Quality Act (CEQA), advising on the appropriate processing of environmental reviews, as well as defending or contesting CEQA approvals, and more than 25 years of experience in virtually all facets of California land planning, zoning, subdivision and development permitting, and public agency practice.

Dave's practice also features extensive litigation and administrative agency experience on land use and development issues, including CEQA, NEPA, subdivision, zoning compliance, general plan consistency, development fees, vested rights, eminent domain and inverse condemnation, land use initiatives and referenda, as well as broad experience in specialized environmental and regulatory practices such as air quality, water resources, flood control, sensitive habitats, endangered species, and the Coastal Act.

Mr. Lanferman has assisted public agencies and developers in planning, CEQA and environmental review, permitting and obtaining entitlements from State and local governments, and from a wide range of regional, State and federal regulatory agencies for major residential, commercial, and institutional projects. 

Dave has been lead counsel in litigating numerous significant issues of land use and environmental law, including several published land use decisions involving the Mitigation Fee Act, the Subdivision Map Act, vested rights, the validity of mitigation fees or conditions of approval imposed on new development, and issues of state and federal preemption of local regulations.  He is one of the preeminent attorneys in California practicing in the area of the Mitigation Fee Act, environmental mitigation impact fees and exactions.  His clients include developers, property owners, public agencies, public interest groups and industry associations.

Education

• J.D., University of California, Hastings, 1976
• B.A., University of California, Davis, 1973

Mr. Lanferman's professional expertise includes:

• Analysis, preparation, and defense of appropriate environmental review and CEQA certifications; CEQA compliance assistance to applicants, consultants, and lead agencies; analysis of EIRs and other CEQA documents
• Administrative agency advocacy and litigation involving the sufficiency/validity of CEQA /environmental compliance reviews; CEQA process compliance; environmental mitigation measures; due diligence/feasibility analysis
• Negotiating and litigating land use approvals and entitlements; general plan amendments; specific plans; zoning, variances and use permits; subdivision map applications and conditions; development agreements; protection of and limitations upon 'vested rights'
• Analysis, negotiation and litigation of development impact fees and exactions; mitigation of fiscal impacts of development on public agencies and infrastructure; special taxes, assessments, user fees, capacity charges
• Analysis, negotiation, and litigation of environmental mitigation measures, conditions of approval, mitigation conditions or fees required under CEQA
• Administrative permit processing and litigation under NEPA; Endangered Species Act; Clean Water Act; Clean Air Act; California Coastal Act; Surface Mining and Reclamation Act; and other state and federal environmental regulatory regimes
• Prosecution and defense of eminent domain actions and inverse condemnation claims, including claims of 'regulatory taking'

Dispute Resolution

• Judge Pro Tem, Alameda County Superior Court, 1984‑present
• Judge Pro Tem, Santa Clara County Superior Court, 1992‑present
• Settlement Commissioner, Alameda County Superior Court, 1990‑present
• Arbitrator, Alameda County Superior Court, 1991‑present
• Arbitrator, Alameda County Bar Association, Fee Arbitration Panel, 1984‑present
• Administrative Hearing Officer - City of Fremont (2000)

Published Court Decisions

• Fry v. City of Hayward
  (N.D. Cal. 1985) 701 F.Supp. 179
  Local 'open‑space' initiative held invalid on equal protection grounds.
• Balch Enterprises v. New Haven   Unified   School District ,
  (1st Dist., Div. 1, 1990) 219 Cal.App.3d 783; rev. denied.
  Development fees on commercial/industrial development held invalid.
• Garrick Dev. Co. v. Hayward Unified School Dist.
  (1st Dist., Div. 2, 1992) 3 Cal.App.4th 320; rev. denied
  Challenge to school facilities fees under new Mitigation Fee Act ("AB‑1600").
• Picard & Bolles v. Bay Area Regional Transit District
  (N.D. Cal. 1993) 823 F.Supp. 1519
  Action under federal civil rights act for unreasonable precondemnation activity.
• Kaufman & Broad Central Valley, Inc. v. City of Modesto
  (5th Dist., 1994) 25 Cal.App.4th 1577; rev. denied
  Affirmed 'vested rights' of project with approved vesting tentative map against subsequent increase in City's development fees.
• Building Industry Ass'n. v. City of Livermore ,
  (1st Dist., Div. 3, 1996) 45 Cal.App.4th 719; rev. denied
  Challenge to city's authority to impose requirements exceeding State Code.
• Merritt and DeSilva Group v. City of Pleasanton
  (1st Dist., Div.1, 2001) 89 Cal.App. 4th 1032
  Challenge to referendum setting aside pre-zoning of adjacent lands to conform to City's general plan

Teaching

• Associate Professor, Environmental Law, California  State  University Extension (1994-1996)

Honors

• Mr. Lanferman has received the AV® rating from Martindale-Hubbell®. This is the highest rating an attorney can earn for "legal ability, integrity and overall professional excellence."

Memberships

• Vice Chair, State Bar of California Zoning and Land Use Sub-Section, Real Estate Section
• Alameda County Bar Association, Board of Directors (1992-93)
• Chair, Alameda County Bar Association, Real Estate Section, (1992
• Alameda County Bar Foundation, Board of Directors (1986-88)
• Southern Alameda County Bar Association, President (1985) and Board of Directors (1981-86)
• California State Bar, Delegate, State Bar Conference of Delegates (1982-83; 1992-93), Real Property Law Section
• Fremont Chamber of Commerce, Chair, Governmental Relations Committee (1994-95)
• Hayward Chamber of Commerce, Board of Directors (1991-92)
• California Building Industry Association, Select Committee on Industry Litigation

Articles

• Impact of New Water Laws on Development in California, January 29, 2002

• Contributing Editor, California Real Estate Reporter (Lexis-Nexis Publishing)
• Advisory Board, California Land Use Practice (CEB, 2006
• Advisory Board, Practice Under the California Environmental Quality Act (CEB, 1993)
• "Recent Court Challenges Question Impact Fees," Land Development, (National Association of Home Builders, Summer 2007)
• "Streamlining CEQA Review for Housing Developments," Builder Digest, (Feb/Mar 2003)
• "Clear as Mud: New Water Supply Laws Cloud The Development Process" California Real Estate Journal, (February 2002)
• "Water Supplies and Land Use Planning," Associated General Contractors' Journal, (December 2001)
• Editorial Consultant, "Rights and Responsibilities of Adjoining Landowners," California Pleading and Practice, (Matthew Bender Publ.)

Speeches

• "How Much Is Too Much? Analysis of Impact Fees," State Bar of California, Real Estate Section (March 2007)
• "Land Use Regulation and Development," California Continuing Education of the Bar (November 2006)
• "Development Impact Fees - Recent Litigation and Legislation," Building Industry Legal Defense Foundation Super Conference (October 2006)
• "Air Quality Mitigation Fees on New Development," Building Industry Association of the Delta (April 2006)
• "Special Taxes, Fees, and Connection Charges," California Building Industry Association/Univ. of So. California CEB (October 2004)
• "Smart Growth vs. Land Use Initiatives and Referenda" Hastings College of the Law, West-Northwest Environmental Law Journal, Symposium on Land Use (April, 2001)
• "Establishing and Litigating Development Impact Fees," Bay Area City Attorneys' Association (March 2000)
• "CEQA for Public Agency Attorneys," County Counsels' Association (September 1999)
• Associate Professor, Environmental Law, California State University Extension