Ranked in 1 Practice Areas
4

Band 4

Real Estate: Zoning/Land Use

California

4 Years Ranked

About

Provided by Daniel Golub

USA

Practice Areas

Daniel R. Golub is a partner in the West Coast Land Use and Environment Group in Holland & Knight's San Francisco office. Mr. Golub brings nearly a decade of policy, planning and political organizing experience to his practice, as well as litigation experience gained during an 18-month clerkship for the Honorable Jon S. Tigar of the U.S. District Court for the Northern District of California.

Mr. Golub has a wealth of experience representing plaintiffs, defendants and real parties in interest, and achieving victories on behalf of developers, nonprofit organizations and public agencies in the courts and in the permitting and entitlement process. Those victories include:

California Renters Legal Advocacy and Education Fund v. City of San Mateo, 68 Cal.App.5th 820 (2021). Argued and briefed the leading published authority on the Housing Accountability Act, which established a broad precedent supporting the enforceability and constitutionality of California's housing production laws.

40 Main Street Offices LLC v. City of Los Altos, No. 19-CV-349845 (Santa Clara Cty. Super. Ct. Apr. 27, 2020). Became the first attorney to successfully compel a city to issue a ministerial permit pursuant to SB 35, winning approval of 15-unit mixed-use affordable housing project, and winning significant financial compensation for the client by successfully invoking the Housing Accountability Act's appeal bond requirements.

Vaquero Energy v. County of Kern, 42 Cal.App.5th 312 (2019). Successfully defended Kern County against a multifaceted constitutional challenge to a complex oil and gas permitting ordinance.

MWest Propco XXIII LLC v. City of Morgan Hill, No. 18-CV-333676 (Santa Clara Super. Ct. Sep. 25, 2018). Successfully litigated case under the Housing Accountability Act, resulting in the approval of a long-stalled housing development providing 20 percent of its units (78 units) affordable to very-low-income households.

Committee for Equitable Redlands v. City of Redlands, No. CIV-DS-1720139 (San Bernardino Cty. Super. Ct. Oct. 5, 2018). On behalf of affordable housing developer, A Community of Friends, successfully defended the City of Redlands' approval of a 100 percent affordable housing development project primarily for homeless veterans in need of supportive housing against a challenge brought by "not in my backyard" opponents. The case was resolved in the client's favor despite being litigated under the California Environmental Quality Act's (CEQA) "fair argument" standard of review.

7711 Redwood Boulevard, Novato. Served as the primary entitlement advice attorney to Landsea Homes of Northern California on a long-stalled 80-home affordable housing development in the City of Novato, which has now been approved after the project team successfully invoked the Density Bonus Law and the Housing Accountability Act.

Mr. Golub also is a committed advocate for building the infill housing California needs to meet the state's growing affordable housing crisis, and his practice focuses on the following areas:

California Housing Law. Mr. Golub is highly knowledgeable about California's cutting-edge laws that aim to promote streamlined approval of housing, including recent reforms to the Housing Accountability Act, also known as the "anti-NIMBY" (not-in-my-backyard) law, laws that streamline the approval of affordable housing such SB 35, AB 2162 and AB 2011, recent reforms to the State Density Bonus Law, and recent reforms to the state's Housing Element law and Regional Housing Needs Allocation process. Mr. Golub has represented numerous housing developers in invoking these laws through a mix of entitlement and litigation strategies to secure long-delayed project entitlement approvals.

Land Use, CEQA and NEPA Litigation. Mr. Golub's litigation experience assists project developers and public agencies in negotiating and resolving conflicts over project approvals – and, when necessary, resolving these conflicts through litigation. Mr. Golub has significant experience representing project developers as plaintiffs challenging unlawful project denials, as well as representing public agencies and developers as defendants and real parties in interest defending project approvals from attack. In addition to litigating claims under California housing laws, Mr. Golub has experience with constitutional takings claims, exactions, due process and equal protection claims, and all aspects of compliance with CEQA and the National Environmental Policy Act (NEPA).

Planning & Zoning and Municipal Law. Drawing on his experience as a public planning official, Mr. Golub advises project proponents and public agencies on all aspects of California's Planning and Zoning Law, Permit Streamlining Act, California Public Records Act and California Open Meetings Law (Brown Act).

Infrastructure Financing and Tax Increment Financing. Mr. Golub has presented on, and assisted clients in using, California's post-redevelopment financing laws – including the creation of Infrastructure and Revitalization Financing Districts (IRFDs) and Enhanced Infrastructure Financing Districts (EIFD) – in order to obtain much-needed infrastructure financing for projects.

Pro Bono. Mr. Golub's pro bono practice focuses primarily on representing nonprofit organizations who develop and advocate for affordable and supportive housing, and defending affordable and supportive housing projects from challenges by anti-housing advocates. He was proud to represent a nonprofit supportive housing developer, A Community of Friends, in defeating a "not in my backyard" CEQA lawsuit, which cleared the way for the client to proceed to build 78 units of supportive and affordable housing for veterans at risk of homelessness, individuals with special needs and low-income families.

As a former planning official, Mr. Golub has extensive experience with land use and regulatory matters. While serving as deputy director of Land Use, Planning and Development for Manhattan Borough President Scott M. Stringer in New York City, Mr. Golub helped oversee a staff of urban planners conducting public review and negotiating compromises on a diverse array of complex projects and planning initiatives. The projects included campus plans by Columbia University and Fordham University, and rezoning and development initiatives in East Midtown, Tribeca and the Upper West Side. He authored the borough president's proposal for a special zoning district in West Harlem, which won the endorsement of The New York Times and paved the way for a 90-block rezoning.

Chambers Review

Provided by Chambers

USA

Real Estate: Zoning/Land Use - California
4
Band 4

Daniel Golub represents a variety of developers, public agencies and non-profit organizations in relation to the land use approvals process. He also has significant experience litigating cases under state housing production and streamlining laws.

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