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Client: Southern Pacific Transportation Company

Role: Land Development Counsel

Challenge: To obtain regulatory approvals for the Railyards Specific Plan, comprising the 240 acre railyards in downtown Sacramento, the largest railroad fabrication and maintenance facility west of the Mississippi River, challenged with soil and groundwater contamination.

Outcome: After five years of negotiations and land use planning, the Sacramento City Council unanimously approved a Specific Plan for the 240-acre site with no opposition from special interest groups, local government agencies or regulatory bodies. A Memorandum of Understanding between Southern Pacific, the City of Sacramento, and the California Department of Toxic Substances Control (DTSC) created a process for allowing development to occur subject to the certification that a Remedial Action Plan (RAP) had been successfully completed. The first application of this process followed the certification by DTSC that thirty-seven acres of the site had been remediated pursuant to an approved RAP and was suitable for development.

As a result, a new Federal Courthouse Building was sited on the property. Subsequent approvals included an Infrastructure Financing Plan, a Special Planning District Zoning Ordinance, a Development Agreement for a portion of the property, and a Tentative Map for a portion of the property, all by unanimous vote.

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Client: Aerojet

Role: Land Development Counsel

Challenge(s): To negotiate the language for, and approval of, a new zoning ordinance for the 13,500 acres comprising the aerospace and defense manufacturing company’s holdings in Sacramento County, replacing language in use since 1951; and, obtain regulatory approvals for a land use master plan for approximately 3,900 acres formerly used as a test site for launch vehicles for the space program; and, assist the client manage the consultant team.

Outcome: Successfully negotiated the language of the Aerojet Special Planning Area Zoning Ordinance, allowing the company to expand, relocate, modify, renovate, and reactivate all uses existing on the site as of the effective date of the Ordinance, as well as all uses found to have historically been permitted on the site. The Ordinance was approved by a 4-0 vote of the Sacramento County Board of Supervisors, with one absence. Assisted the client manage the consultant team that created and submitted the land use master plan for Rio Del Oro, a master planned community comprising approximately 3,900 acres, and the completion of the technical studies for water, sewer, drainage, traffic, cultural resources, delineation of jurisdictional waters, sensitive species, and hazardous materials. The application was submitted and processed through Sacramento County until such time as a portion of the property was purchased.

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Client: Union Pacific Railroad

Role: Land Development Counsel

Challenge: Negotiate agreements with the City of Sacramento to allow the construction of 7th Street through the railyards, and agreements with multiple parties to allow a feasibility study for a downtown arena to be commissioned; and, assist the client manage the consultant team preparing revisions to the Railyards Specific Plan.

Outcome: Successfully negotiated an agreement defining the terms by which the 7th Street corridor would be remediated on an accelerated schedule and railroad bridge crossings constructed to ensure uninterrupted rail traffic while 7th Street was constructed; successfully negotiated a four party agreement commissioning the initial arena feasibility study; assisted the client manage the consultant team preparing revisions to the 1994 Railyards Specific Plan, and contributed to that effort as land development counsel.

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Client: Intrawest Resort Development Group

Role: Land Development Counsel

Challenge: Obtain regulatory approvals to convert a parking lot into an Alpine ski resort comprising a condominium hotel and retail opportunities attendant to resort activities.

Outcome: Assisted the client address numerous regulatory issues and offered advice and counsel regarding the political dynamics of land development approvals. The client actively handled all of the community outreach meetings and public hearings, and was successful in obtaining approval for The Village at Squaw Valley USA.

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Client: Martin Feletto

Role: Land Development Counsel

Challenge: Obtain regulatory approvals for the Lent Ranch Marketplace, a region serving shopping center comprising approximately 3 million square feet of retail and related space.

Outcome: Successfully negotiated the regulatory approval process over a nine year period, and advised the client on matters related to both law and the political dynamics of land development projects. The project was initiated in Sacramento County, and was ultimately approved by the City of Elk Grove.

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Client: Cellular One

Role: Land Development Counsel

Challenge: Obtain approval for the nascent cellular communications industry for a network of towers throughout Sacramento County, including within individual cities, to accommodate communications equipment, including microwave dishes, and dispel perceptions and fears regarding the safety of working or residing near the microwave dish towers.

Outcome: Successfully negotiated the approval for the central communications headquarters, as well as towers throughout Sacramento County.

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Client: Sacramento Cable

Role: Land Development Counsel

Challenge: Obtain approval for the earth station to receive television signals broadcast from satellites, and obtain approvals for a network of towers throughout Sacramento County, as well as individual cities within the County, to accommodate microwave dishes for transmission and receiving of television signals, followed by conveyance of the signal by cable to individual consumers; and, dispel perceptions and fears regarding the safety of working or residing near the microwave dish towers.

Outcome: Successfully negotiated the approval of the earth station and the network of microwave towers.

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Client: Apple Computer, Inc.

Role: Land Development Counsel

Challenge: Obtain approval for an expansion of office space within an industrial use area beyond that approved with the initial application several years previous.

Outcome: Successfully negotiated the approval.

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© 2007 Brewer Lofgren LLP

Southern Pacific
   Transportation
   Company

Aerojet

Union Pacific Railroad

Intrawest Resort
   Development Group

Martin Feletto

Cellular One

Sacramento Cable

Apple Computer, Inc.