For commercial and residential developers and real estate firms with multi-state endeavors looking to get discretionary projects approved, Heather’s successful track record covers all angles. From the initial acquisition to the oversight of land use documentation and entitlement approvals, she makes sure that the project files contain evidence to support the agency's determination. If a third party files a project or CEQA challenge, Heather has all the tools and skills necessary to vigorously defend her clients’ positions in litigation. She regularly takes cases through to final judicial hearings in trial and appellate courts.
Having worked with the City of San Diego on various land use and regulatory updates, Heather is a reliable development resource for local leaders and agencies.
Heather’s clients appreciate her critical ability to translate the technical aspects of their projects into language that can be understood by a non-technical audience, for example, decision makers, citizens, and judges. She maintains excellent working relationships with agency professionals and consultants throughout Southern California and conducts cordial and productive interactions with opposing lawyers and environmental groups—many of whom she knows and has successfully negotiated with time and again.
GREENHOUSE GAS EMISSIONS
Among the many thorny issues Heather routinely faces in getting projects approved is quantifying and addressing the reduction of greenhouse gas (GHG) emissions. Where previously the focus of permit approvals was placed on the logistical effects of additional traffic created by new developments, today, the concern is overall GHG emissions produced by that traffic. In projects that are not walkable or do not have nearby public transit options, Heather draws on her experience and informed perspective to make a case for development, while taking into consideration developer and environmental risks.
COMPLEX CHALLENGES
One of the unique attributes Heather brings to client matters is her understanding of how government agencies work—or don’t work. With nearly a decade of involvement in New York State politics prior to joining the Allen Matkins San Diego office, she knows how to navigate bureaucracies and overcome their high hurdles.
Among the most challenging land use developments that Heather has worked on is One Paseo in San Diego—what was once the last large vacant piece of land in the Carmel Valley neighborhood. After completing seven years of administrative processes, including several rounds of CEQA review, the developer faced two lawsuits and a referendum to overturn the favorable political decision. Thanks to the diligence, knowledge, and level-headedness of Heather and the Allen Matkins team, the developers were able to settle the lawsuits and remove the threat of referendum—coming to an agreement with neighbors and the nearby shopping center.
