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MICHAEL PATRICK DURKEE, Esq.
Allen Matkins Leck Gamble & Mallory LLP
333 Bush Street, Suite 1700
San Francisco, CA 94104
Phone: 415-273-7455
E-mail: MDurkee@legalelite.com
Land Use & Entitlements
Legal Elite

Index

1. Description of Specialty

2. Recent Clients Represented

3. Courses Taught (Partial List)

4. Publications Authored (Partial List)

5. Education

6. Associations

7. Former Employment

8. Partial List of References

Profiled & Honored:

  • The Best Lawyers in America - Best Lawyers Consumer Guide (2001)
  • Strathmore's "Who's Who" (1996-1997 Registry)
1. DESCRIPTION OF SPECIALTY
  • Representation of developers, builders, property owners, cities, counties and special districts in all aspects of California land use entitlement, local government and local elections processes. Known for successfully taking sophisticated and highly controversial projects through to approval and completion.

  • Expertise in and experience with the laws regarding local governance, general plans, specific plans, planning, zoning and development, vested rights (common law, development agreements, vesting maps), exactions (fees/dedications), the Subdivision Map Act, California Environmental Quality Act (CEQA) and local elections (initiatives and referenda).

  • Creation/coordination/implementation of entitlement and processing strategies (including defense tactics).

  • Creation of "value-enhancing" entitlement approaches for commercial, industrial and residential projects.

  • Coordination with city/county staff regarding planning of project, negotiation and drafting of all agency documents for legal compliance and tactical advantage.

  • Coordination of all environmental, planning and engineering consultants and their work product.

2. RECENT CLIENTS REPRESENTED

East Dublin Property Owners (Dublin)

Represent group of owners seeking annexation to City of Dublin and the development of their properties. Critical legal tasks involving Supplemental EIR, Williamson Act, New LAFCO law and Measure D. (Slow-growth initiative adopted by Alameda County electorate).

Tracy Allocation Group (Tracy)

Represent group of over 35 developers (Surland Companies, KB Home, Pulte, Westco, Warmington, etc.) (also represent several of developer members) regarding several issues, including the interplay of a growth- control initiative and their vesting tentative maps, existing and projected wastewater and water capacity, and the City's priority system for new development. Prosecuting several lawsuits against the City.

Carl Berg (San Jose, Fremont)

Represent Carl Berg regarding several development projects in San Jose and Fremont. Work in San Jose included litigation against City regarding excessive development conditions. We secured agreement resolving all outstanding issues.

IKEA of North America (Store in Emeryville/Oakland; Pleasanton)

Secured approval of the first Northern California IKEA store in the cities of Emeryville and Oakland (old Barbary Coast Steel site). This joint planning and redevelopment process involved extensive CEQA, planning and Map Act work. Negotiations over the scope of store design and traffic improvements with both cities were involved and lengthy. Now processing entitlements for new store in Pleasanton.

Despa Deutsche Sparkassen-Immobilien-Anlage-Gesellshaft mbH

Represent this German investment fund regarding the land use due diligence aspects of its recent acquisitions of the 600 California Street, One Stockton Street and One Union Square properties in San Francisco.

Golf Trust (Santa Barbara)

Represent this golf course owner regarding their Sandpiper Golf Course and Clubhouse renovation project in Santa Barbara.

Environmental Golf (Santa Barbara)

Represent this golf course owner/operator regarding their Glenn Annie course and clubhouse inGoleta (Santa Barbara County), including litigation and administrative processes involving the scope of their clubhouse use.

Shea Homes/Blackhawk Rio Vista Venture Group (Rio Vista)

Represent this 4,500 residential unit/golf course project in Rio Vista. Currently negotiating an oil and gas accommodation agreement and renegotiating certain entitlements, including the Development Agreement I originally secured for their predecessor in 1991.

Roddy Ranch (Contra Costa)

Represent this Ranch in its challenge to Contra Costa County's recent amendment to its Urban Limit Line regulations

Last Resorts (Napa)

Represent developer seeking to restore and redevelop the historic Aetna Springs Golf Course and Resort in Pope Valley, Napa County. Assisted in preparation and qualification of local initiative to allow project, and now assisting with litigation regarding "timing" of special election.

City of Tracy

Represented the City related to Development Agreement negotiations and drafting regarding Tracy Hills development.

Black Point Golf Links (Novato)

Represent this Speiker Properties partnership (Black Point Partnership) in their "re-approval" efforts regarding this very controversial project in Marin. I provide legal counsel and strategic advice regarding the project's very controversial CEQA, general plan, zoning, mapping, electoral (initiative and referendum), and railroad issues. I drafted the pro-project initiative adopted by the voters.

Buck Center For Research in Aging (Marin County)

Special land use legal counsel to BCRA on their research center (Alzheimer's disease) in Marin County since late 1980's. This remarkably controversial project (it involves animal testing) was in the planning stages for more than five years, the CEQA process for more than four years and the electoral/litigation processes for more than two years. I provided extensive legal and strategic counsel regarding the drafting and structuring of its County and City entitlements, I continue to be the key negotiator with County, City and regional agency staff (regarding its structuring, documentation, conditions of approval, etc.) and I have made presentations to all of the public bodies involved. In the process, I became a registered state lobbyist and moved a statewide bill to assist the project. The project has involved issues of general plan consistency, zoning, vested rights, OPR extensions, and was the subject of a successful anti-project referendum in the County and a successful pro-project initiative in the City of Novato (that I drafted).

Braddock & Logan (San Ramon; Pittsburg)

Represent developer on several residential projects in Contra Costa County.

The Henry Luce Foundation (Palo Alto)

Assisted The Henry Luce Foundation with the parcelization of St. Ann's Chapel from the historic Norris House property in Palo Alto.

Santa Margarita Ranch (San Luis Obispo County)

Assisted Texas-based property owner in securing first Development Agreement ever entered into with San Luis Obispo County

ADT Automotive (Livermore)

Represented ADT Automotive on appeal before the Livermore City Council regarding their highly controversial private auto auction proposal. Representation included coordination of several community outreach meetings and overall appeal strategy.

DivcoWest (San Jose)

Provided land use due diligence work to this institutional property owner/developer/manager regarding its purchase of over 1,400 acres in San Jose's North Coyote Valley. Also assisting with land use due diligence on several Downtown San Jose projects.

KSL Claremont Resort (Oakland)

Provided land use due diligence relating to KSL's purchase of the historic Claremont Hotel in the Berkeley Hills.

City of Lathrop

Represented the City of Lathrop in the drafting and negotiation of the Specific Plan and Development Agreement relating to Califia's "Gold Rush City," a 5,800-acre, mixed-use project proposed on the Stewart Tract in the Sacramento/San Joaquin Delta. The project will involve several major "theme" parks, resorts, commercial, residential and recreational uses over a 30-year buildout. Now representing City on Riverwalk and Mossdale Landing projects.

Stanly Ranch (Napa)

Represented WCI, the successor to Westinghouse Communities, regarding this mixed use project (golf course/resort/residential/commercial) on the Napa River. The plan currently under process will allow a unique balance of open space, wetlands preservation, resort, residential and commercial uses.

City of Manteca

Special counsel to the City of Manteca on land use issues. I drafted their growth, development agreement and sewer allotment programs, and served as their negotiator and draftsman on several development agreements.

South MarketPlace (Napa)

On behalf of the Gasser Foundation and later FHK Companies, structured a phasing approach using vesting tentative and final maps that allowed a commercial shopping center to go forward in the face of local opposition and a project-killing referendum and initiative. The approach secured City Council support and was itself an adjudicatory act not subject to referendum.

Blackhawk (Danville)

Provide land use counsel to Blackhawk and its many joint venture projects in Contra Costa, Stanislaus and Solano Counties.

Hacienda Business Park (Pleasanton)

On behalf of Prudential Insurance Company of America, drafted the first ever initiative proposing to adopt a development agreement by the electoral process. With that threat, the City Council acquiesced to land use approvals we sought on behalf of Prudential (making more marketable their Business Park).

San Francisco Giants' San Jose Ballpark Proposal (San Jose)

Headed up the land use team in charge of structuring and documenting the necessary entitlements for the San Jose Ballpark, including a special general plan designation, zoning and vested rights approvals. The failure of the proposed utility tax at the polls (to help fund the Ballpark) killed this project.

American Canyon Incorporation (Napa County)

Acted as legal counsel to the Incorporating Committee of the now City of American Canyon in Napa County on all aspects of the incorporation process (LAFCO, CEQA, fiscal, etc.). Point person for entire legal and political process.

Map Act Advisory Group (State Assembly)

Because of my extensive teachings on the Subdivision Map Act, I serve on a special committee to the Assembly, proposing new legislation, and providing recommendations on pending legislation.

Citizens of Goleta v. Valley Santa Barbara County, 52 Cal.3d. 553 (1990)

Amici Curiae counsel to League of California cities on now-famous CEQA case regarding "alternative sites" analysis in EIRs.

Davidon Homes v. City of San Jose, 54 Cal.App.4th 106 (1997)

Co-counsel in successful CEQA lawsuit brought by developer client against City regarding need for substantial evidence in record.

3. COURSES TAUGHT (Partial List)                               (Back to Top)
  • University of California Extension (1987 to present)
    Berkeley, Davis, Los Angeles, Santa Barbara, Santa Cruz
    Subdivision Map Act/Advanced Map Act
    Land Use Initiatives & Referenda Vested Rights & Exactions CEQA/Advanced CEQA
    "Outstanding Instructor" award, UC Davis Extension (1992)

  • CLE International (1990 to present)
    Land Use Aspects of Local Wetlands Regulations Land Use Due Diligence

  • Boalt School of Law
    Visiting Lecturer, Land Use Course taught by Jan Stevens

  • Building Industry Association of Northern California
    (1987 to present)
    Bullet Proofing Your Entitlements
    School Impact Fees
    AB 1600 - New Standards For Development Fees

  • League of California Cities (1987 to present)
    Annual Conference
    Planning Commissioners' Institute
    City Attorneys' Spring Meeting

  • California Land Surveyors Association
    Advanced Map Act (1994 to present)

  • State Bar Association of California (1995)
    Environmental Law Section's Annual Retreat (Moderator, speaker) Land Use Initiatives

  • University of San Francisco, School of Law (1988 to 1993)
    Adjunct Professor, California Land Use

  • Continuing Education of the Bar (CEB)
    Practice Under the Subdivision Map Act (1989, 1994)
4. PUBLICATIONS AUTHORED (Partial List)  
  • Map Act Navigator: A Practical and Tactical Guide to the Subdivision Map Act, Co-author (Land Use Navigators, 1999, 2000, 2001)

  • Ballot Box Navigator: A Practical and Tactical Guide to Initiatives and Referenda in California
    (Solano Press 2001)

  • Land-Use Initiatives and Referenda in California, Co-author
    (Solano Press 1990, 1991)

  • Real Property Law Journal
    "Understanding the Different and Dichotomous Roles of a City When Dealing With 'Growth-Related' Ballot Measures" (February 2001) "Maximizing Tentative Map Extension Opportunities" (September 1999) "1992 Legislation" (March 1993)
    "1993 Legislation" (March 1994)

  • Continuing Education of the Bar (CEB)
    Land Use Forum "Antiquated Subdivisions: A Landowner's Perspective" (March 1996)

  • California Land Use Law and Policy Reporter (1991 - Present)
    "Tips for the Unwary: Understanding the Processing Steps Regarding Local Initiatives and Referenda" (December 1999)
    "Legal Standards for Local Agency Review of Lot-line Adjustments: A Subdivider's Perspective" (January 1999)
    "Multiple Contiguous Parcels Conveyed by Single Federal Patent Should Be Recognized As 'Legal' Under Subdivision Map Act" (October 1998) "Proposition 62 - The Tax Reform Measure that Rose From the Grave" "School Mitigation through Forced Mello-Roos Inclusion: Reading, Writing and Coercion?" (March 1994)
    "State, Regional and Local Growth Management: New Policies and Approaches for the 90s?" (November 1991)

  • Hofstra Property Law Journal
    "Money for the Taking: When Land Use Regulation Goes Too Far" (1988)
5. EDUCATION                                                    (Back to Top)

· McGeorge School of Law, University of the Pacific (J.D. 1984)
Graduation with Distinction
Traynor Society, Scholastic Honor Organization
Verne Adrian McGeorge Scholastic Achievement Scholarship
Moot Court Honors (Orals Competition)

· University of California, Davis (B.S. 1981)
Political Science, English; Rugby

6. ASSOCIATIONS
  • Advisory Board Member, California Land Use Law and Policy Reporter, Argent Communications (1991 - Present)

  • Member, Assembly Local Government Committee's
    "Subdivision Map Act Advisory Group" (1993 - Present)
7. FORMER EMPLOYMENT
  • McCutchen, Doyle, Brown & Enersen
    San Francisco/Walnut Creek Offices (1986 - 1997)
    Associate (1986), counsel (1990) and then Partner (1991-1997) in McCutchen's Land Use & Environmental Group. Helped start firm's Land Use practice and for 11 years was key to its expansion statewide.

  • Best, Best & Krieger
    Riverside Office (1984 - 1986)
    Associate in the Municipal Law Department representing public agencies. Work included land use, CEQA, water rights, public contracts, conflicts of interest, LAFCO, and Brown Act. Served as deputy city attorney for several cities, and was associate general counsel for two community services districts.


  • United States Attorney
    Yosemite, California (Summer 1983)
    Prosecutor in Federal Magistrate Court - One of two students chosen statewide to represent the National Park Service in Yosemite with full prosecutorial powers and discretion (misdemeanor arraignments and trials).

8. PARTIAL LIST OF REFERENCES

Stephen P. Beinke
President
Blackhawk Services
3820 Blackhawk Road
Danville, CA 94526
(925) 736-1571

Joseph E. Raphel
President
Braddock & Logan Associates
4155 Blackhawk Circle, Suite 201
Danville, CA 94526
(925) 736-4000

Carl Berg
President
Berg & Berg
10050 Bandley Drive
Cupertino, CA 95014
(408) 725-0700

Les Serpa
The Surland Companies
12647 Alcosta Boulevard, Suite 440
San Ramon, CA 94583
(925) 242-7000

 
 
 

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