Tim Cremin

Tim Cremin has expertise in all areas of environmental, land use and real estate law, including the California Environmental Quality Act (CEQA); the National Environmental Policy Act (NEPA); environmental permitting and regulations; and state and local planning, zoning and subdivision laws. He has over 30 years of experience representing public and private clients in the environmental and land use permitting process and litigation.

Tim’s specialty is shepherding complex and controversial projects through the maze of land use and environmental regulations on local, state and federal levels. His approach to legal advice is to understand his client’s goals and provide practical and creative solutions to get projects built while complying with the regulatory framework. He advises on environmental documentation and findings under CEQA and NEPA and on all aspects of the entitlement process for development projects—from project formulation through administrative review and approval. He is a leading authority on drafting such entitlements and ensuring that project approvals comply with the law and will withstand legal challenge. Tim develops strategies for streamlining environmental review and permit processing by exploring applicable environmental exemptions or limited permitting requirements, a growing area of California law. Where full environmental review and documentation is required, Tim has a wealth of experience in analyzing the legal adequacy of detailed and voluminous Environmental Impact Reports (EIRs) and Environmental Impact Statements (EISs). Many of the projects Tim has worked on have been subject to threatened litigation by sophisticated opponents where legal defensibility is critical. To that end, Tim has successfully defended many approvals in court against challenges under land use law, CEQA and NEPA.

Tim has worked on a variety of project types including commercial, residential, mixed-use, sports stadiums, entertainment districts, transit-oriented development, shopping centers, and hotels. Several projects have been located in environmentally sensitive areas and/or have involved habitat conservation plans. In addition to his work on EIRs, EISs, and entitlements, Tim advises clients on the adoption of general plans, zoning codes and specific plans; development activities subject to the California Coastal Act; subdivisions; and negotiation of development agreements. Tim also has experience in real estate law, including real property due diligence and acquisition, leases, easements, and purchase and sale agreements.

During his legal career, Tim served as assistant city attorney for several California cities, where he provided advice regarding planning, zoning, environmental, real property, subdivision, election (initiative and referendum), open meeting and conflicts-of-interest laws.

Litigation Experience

Stadium/Entertainment Districts

Successfully defended in trial and appellate court two lawsuits challenging the City of Oakland approval of Waterfront Ballpark District at Howard Terminal, a large mixed use and sports entertainment district project, including MLB Stadium. CEQA lawsuit involved wide-ranging challenge to EIR and decision established various legal precedents on issues such as air quality, greenhouse gas, cumulative impacts, alternatives analysis, and exhaustion of administrative remedies. The Project EIR and litigation were subject to the requirements of a special judicial streamlining statute (AB 734) that mandated resolution of the case within 270 days of filing. Advised City during administrative process to create defensible record. East Oakland Stadium Alliance v. City of Oakland (2023) 89 Cal.App.5th 1226 (published decision).

Successfully defended application of special CEQA judicial streamlining statute to project. Court ruled that the Governor’s certification of the project was timely. Court also determined that its construction of AB 734 was supported by the legislative purpose of the statute to allow the project to be developed in an expeditious manner by streamlining CEQA review to benefit the City of Oakland. Pacific Merchant Shipping Association v. Newsom (2021) 67 Cal.App.5th 711 (published decision).

Housing Projects

· Successfully defend use of CEQA exemption for residential project. First published decision to interpret state law exemption allowing reliance on a certified specific plan EIR for individual project approvals. The court also ruled that new information on GHGs and new air district regulations did not trigger requirements for supplemental CEQA review. Advised the City during the administrative process to create a defensible record for anticipated litigation. Concerned Dublin Citizens v. City of Dublin (2013) 214 Cal.App.4th 1301 (published decision)
Successfully obtained dismissal of broad-ranging CEQA challenge to University of California approval of campus-wide Long Range Development Plan and West Village and Orchard Park Housing Projects at UC Davis totaling about 3,200 housing units – one of the biggest housing developments in the UC system. The Court rejected all challenges relating to analysis and mitigation of project’s impacts to agricultural resources, air quality, biological resources, greenhouse gas emissions, noise, traffic, housing and population, and aesthetics. AFSCME and Kelly Klein v. University of California (UC Davis), Alameda County Superior Court.
Defense of CEQA and planning lawsuit challenging mid-rise infill apartment project under Downtown Precise Plan.
Defense of challenge to the issuance of a permit by BCDC for residential project that included removal of marina docks and pilings from San Francisco Bay.

Infrastructure Projects

Successfully defended approval of Federal Highway (US 50) Interchange Project against CEQA lawsuit challenging alternatives, air quality, traffic, noise and visual analysis. Appellate and trial courts rejected all claims. Advised the City during lengthy administrative process to develop a joint CEQA/NEPA document with Caltrans and created a defensible record for litigation. EurekaVillage Homeowners Association v. City of Rancho Cordova (2017) 2017 WL4784488.
Represented City in a challenge to the CEQA review for Water District's pipeline project. Negotiated a favorable settlement on behalf of the City, which included payment of attorney's fees.

Commercial Mixed Use Projects

Defended University of California approval of Aggie Square Project on UC Davis Sacramento Medical Campus. The Public-Private Partnership Project includes state-of-the-art research facilities, offices, apartments and mixed-use space for science, technology and engineering uses. Sacramento Investment Without Displacement v. University of California, Sacramento County Superior Court

Real Estate Matters

Defense of tenant in landlord lawsuit claiming tenant did not satisfy conditions of lease.
Defended property owner against lawsuit brought by neighboring business alleging access rights over defendants' property on various legal theories, including prescriptive easement rights. Facilitated successful resolution of lawsuit through mediation.
Defended coastal property owner against an adjacent landowner's claims of prescriptive easement rights and damages. After filing demurrers, the lawsuit was voluntarily dismissed.

Other Published Decisions

Discovery dispute regarding councilmember depositions in lawsuit challenging City approval of General Plan and EIR. City of Santa Cruz v. Superior Court (1995) 40 Cal.App.4th 1146.
Defended University of California against claim that student enrollment was a project subject to CEQA review. Save Berkeley Neighborhoods v. Univ. of California (2020) 51 Cal.App.5th 226.

Project Experience

Entertainment District/Stadiums

Represented City of Oakland during entitlement processing, including CEQA review, for Waterfront Ballpark District at Howard Terminal, a large mixed use and sports entertainment district project, including MLB Stadium. Provided advice and counsel on all aspects of project, including concurrent preparation of administrative record under CEQA judicial streamlining provisions.
Advised City of Anaheim on CEQA review and entitlements for DisneylandForward Project – the first major development plan for Disneyland in over 20 years. Assisted City in preparation of Supplemental EIR tiering off prior EIRs prepared for Disneyland and Resort District.
Advised City of Anaheim in developing CEQA streamlined approach using Addendum and Sustainable Communities Environmental Assessment for proposed redevelopment of arena and sports stadium into mixed use entertainment districts, including commercial, entertainment and residential development.
Advised City of Inglewood on all land use and environmental issues for the redevelopment of the Hollywood Park racetrack. Assisted in drafting entitlements and approval findings for the general plan amendment, specific plan, development agreement and EIR.

Housing/Mixed Use

Advised University of California on CEQA and land use advice on development of several housing projects, Long Range Development Plans, and medical centers for various University of California campuses. Advised University on defensibility of approaches and review of EIRs for these significant campus projects.
Assisted City in the development of entitlement and CEQA documents for a 4,000+ acre master-planned community consisting of over 11,000 homes, 100+ acres of regional commercial uses, office uses, schools and parks. The entitlements included a joint EIR/EIS with the U.S. Army Corps of Engineers and involved extensive coordination with federal and state regulatory agencies.
Advised on planning and environmental process for residential apartment and condominium projects in Downtown areas. Negotiated and drafted Affordable Housing Agreements and Development Agreements.
Advised cities on administrative processing of project entitlements and associated CEQA review for mixed use transit-oriented development projects. Developed the procedure and findings for reliance on a certified EIR for individual project implementation.
Assisted City with land use approvals and financing for affordable veterans' housing project. Drafted complex financing documents, affordability restrictions and veterans preference for housing units.
Advised on development of housing in environmentally sensitive areas such as California Coastal Zone and Habitat Conservation Plan areas.

Commercial

Advised on local agency approvals of big box retail stores in numerous California cities. The entitlement processes included general plan amendments, specific plans, rezoning, development agreements, use permits, vesting tentative maps and regulatory agency permits (U.S. Army Corps of Engineers and the local Regional Water Quality Control Board).
Assisted cities with processing of various planning entitlements and EIR for several large business/retail centers on 100+ acre sites with 800,000+ sq.ft of business park uses. Entitlements included specific plans, new zoning districts, development agreements, use permits, subdivision maps, financing plans and EIRs. Several projects were subject to initiative challenges and litigation.

Infrastructure

Represented agency in the administrative process for a light rail vehicle manufacturing and assembly facility for the Los Angeles County Metropolitan Transportation Authority based on CEQA Addendum. Created record defending against administrative appeal alleging numerous violations of CEQA and state and local planning laws.
Reviewed major terminal project joint EIR/EIS on behalf of the Port of Los Angeles for CEQA and NEPA compliance, focusing on biological, water quality, air quality, traffic, land use, greenhouse gas, and cumulative impacts.
Advise agency on CEQA compliance for a BART extension. The project involves complex issues relating to providing CEQA coverage for various options for the rail route and design, and potential project revisions during construction. Reviewed CEQA documents and findings for legal compliance.
Advised Fire District on local agency approvals needed for construction of new Fire Stations including land use entitlements and CEQA review.
Advise City on development of EIR for new water well projects. Main issues included groundwater and water quality impacts.

Real Estate

Conduct due diligence review and advise clients regarding land use entitlements, environmental conditions, and legal compliance for a potential property purchase and investment. Drafted detailed memoranda of compliance with standards, issues of concerns, and strategies to reduce entitlement risks.
Advised restaurant owner in negotiation and drafting of commercial lease for high-end restaurant space.
Advised property owners on various real property issues, including easements, leases, and covenants.

Other Projects

Climate Action Plans and GHG Reduction Plans. Advise agencies on all aspects of GHG reduction plan development and CEQA review with emphasis on structuring plans to provide streamlined CEQA review for future projects. Provide guidance on methodologies for measuring GHG emissions and quantifying GHG reduction measures. Advised Metropolitan Planning Organization in developing a first-of-its-kind regional GHG reduction plan for implementation by 21 cities. Collaborated with the environmental consultant to create EIR that cities could rely on for implementation.
Impact Fee Study. Assisted various agencies in drafting of Nexus Study for Services Impact Fee. Advised on development of defensible methodology for Nexus Study.

Presenter, "CEQA: New Strategies for Streamlining the Environmental Review Burden,"League of California Cities Annual Conference, September, 2017
Author, "Bills Leave Unresolved Cap-and-Trade Issues," Daily Journal, August 2017
Author, "Practitioner Insights: California, Trump Prepare for Battle Over Fuel Efficiency Standards," Bloomberg BNA Daily Environment Report, May 17, 2017
Presenter, "Advanced CEQA Workshop," Association of Environmental Professionals, 2017
Presenter, "Deferred Mitigation: Case Law and Practice Tips," CLE International's 11th Annual CEQA Conference, 2015
Presenter, "Drought Impacts on Land Use Development," Orange County City Attorney's Association, 2015
Author, "CEQA: New Player in Sports Stadium Wars," Daily Journal, March 5, 2015
Presenter, Land Use Section Workshop, " Land Use Regulation to Address Climate Change
GHG Reduction Measures versus Adaptation," International Municipal Lawyers Association, Annual Conference, 2013
Presenter, "CEQA Reform: Threat to Environmental Protection or Long Overdue,"California Special Districts Association Annual Conference, 2013
Presenter, "CEQA: Past, Present and Future," California Special Districts Association Webinar, 2013
Presenter, "Working with the New BAAQMD CEQA Guidelines," Bay Area City Attorneys Association, 2010
Author, "Environmentally Sound - Greenhouse Gas Analysis under CEQA," The Recorder, 2010
Presenter, "The Heated Debate over How to Analyze Global Climate Change Under CEOA." State Bar of California, Annual Environmental Law Conference at Yosemite, 2009
Presenter, "Structuring Global Warming and Green Practice," San Francisco Bar Association, 2008
Presenter, "Climate Change: Local Government Response," National Business Institute Seminar, 2008
Presenter, "Climate Change & Greenhouse Gases under CEQA and AB 32," California Association of Sanitation Agencies Annual Conference, 2008
Presenter, "Building a Brighter Future-Green Building Ordinances," California Contract Cities Association Annual Municipal Seminar, 2008
Presenter, "Development of Green Building Ordinances," League of California Cities, City Attorneys Conference, 2008
Presenter, "Climate Change-Considerations for Local Agencies," Highway 50 Corridor Planning Commissioners, 2007
Presenter, "How to Address Climate Change and Greenhouse Gases Under CEQA," City Attorney Association of Los Angeles County, 2007
Author, "Rapanos v. U.S .: Wading Through the Swamp of Federal Regulation of Wetlands, "Real Property Law Reporter, Vol 29 / Number 6, November 2006