Brian Fish focuses his practice on land use, public/private partnerships, public contracting, environmental and real estate matters. Mr. Fish assists public and private clients with California Environmental Quality Act (CEQA) compliance, coastal permitting, planning and zoning issues, Subdivision Map Act processing, Williamson Act issues, condominium conversions and prevailing wage analysis. He also negotiates and drafts all other manner of documentation required to acquire, develop, finance, lease, entitle, redevelop, occupy and sell property. In addition, Mr. Fish appears before administrative agencies, and handles litigation at the trial court and appellate court levels, with respect to public contracting issues, entitlements, CEQA, Subdivision Map Act and other land use and real estate related matters.
Prior to joining the firm, Mr. Fish was a planner with the City of San Diego, Development Services Department, and was also a community development specialist with the City of San Diego Redevelopment Agency (Southeastern Economic Development Corporation).
- Represented a County in negotiating and drafting public/private partnership agreements with private developers for the entitlement, disposition (ground lease and purchase agreement) and development of two different County owned properties – 140 acres of a former military base for a transit oriented, mixed-use project and more than 1,400 acres as a master planned community. Provided land use and California Environmental Quality Act advice regarding the entitlements for the properties.
- Prepared a development agreement and related documents for a large, mixed-use, in-fill development located in close proximity to an existing SPRINTER station.
- Successfully represented a major public energy company, the California State University system, the City of Oceanside and numerous private companies and parties in California Environmental Quality Act, Map Act and land use litigation matters.
- Represented a national commercial developer on a public/private partnership involving the acquisition, entitlement and development of an infill, master planned project with a 130,000-square-foot Civic Center, 350 residential units, a 47-acre Community Park and a 330,000-square-foot Lifestyle Shopping Center, including drafting of a land swap agreement with the City of Chino Hills, CEQA compliance, specific plan and zoning issues, advice regarding prevailing wage laws, Development Agreement negotiations, and other related real estate and land use documentation.
- Conducted land use and real estate due diligence for national apartment and mixed-use developers, biotech REITs, office and industrial developments, residential homebuilders and others.
- Led a team that secured land use entitlements from approximately 50 different jurisdictions in Southern California for a national retailer.
- The Best Lawyers in America® - First Year Listed: 2008 - Most Recent Listing: 2016 (Litigation Real Estate, Real Estate Law)
- San Diego Magazine - Top Lawyers (Real Estate) 2014
- Super Lawyers Corporate Counsel Edition - Most Recent Listing: 2010 (Land Use/Zoning)
- San Diego Super Lawyers - 2015 (Construction, Real Estate Land Use/Zoning)
- 2011 Chairman's Award - Building Industry Association of San Diego - Recognizing "Outstanding Service and Contributions to the Industry"
- "Seeking clearer waters? EPA aims to clarify federal jurisdiction in the new 'Waters of the United States' rule," Dentons Client Alert, May 29, 2015
- "CEQA Haze and Confusion - Proposed Air Quality Rules Could Poison Your California Project", Dentons Client Alert, 2014
- "Unicorns, Meaningful CEQA Reform and Other Mythical Creatures", Dentons Client Alert, October 7, 2014
- "McKenna Partners featured in California Lawyer 2014 Roundtable Series", Dentons Client Alert, September 29, 2014
- "How Proposed 'Waters of the US' Rule May Affect Businesses and Landowners", Dentons Client Alert, June 4, 2014
- "They Shot, But Did We Score With 2013's CEQA Reform Bill? - New Law Offers Potential Benefits to Transit Oriented Infill Developments and Protections for the Sacramento Kings Basketball Arena", October 14, 2013
- "Now What? Five Ways to Potentially Create Opportunity After the Demise of Redevelopment", October 8, 2012
- "California Land Use Legislation for 2012 That Could Benefit Renewable Energy Projects", April 12, 2012
- "Governor Brown Signs Legislation Extending Tentative Subdivision Maps", July 21, 2011
- "City's Breach of a Development Agreement Leads to a $30 Million Judgment", January 31, 2011.
- "Prevailing Wage Advisory: That CFD Might Cost You Millions More Than You Thought", January 12, 2011
- "Five Regulatory Approval Strategies for Sustainable Energy Developments", March 29, 2010.
- "Strategies For Securing Regulatory Approval Of Sustainable Energy Projects," Energy Daily / Solar Daily, December 12, 2009
- "No Fees Not Feasible? Developers may be asking if government assistance is too good to be true," Western Real Estate Business, November 2009
- "If Not in Your Backyard, Where? A look at how NIMBYs and politics might derail sustainable energy developments," GreentechMedia, September 30, 2009
- "Contracts for Sale of Real Property Void for Waivable Subdivision Map Act Condition", California Real Estate Journal, August 10, 2009
- “Developers Beware: Development Impact Fee Deferrals Can Trigger Prevailing Wages”, July 8, 2009
- “Three Steps to Protecting Your Entitlements During the Recession”, December 5, 2008
- “Are You Puzzled About Prevailing Wages? Recent DIR Rulings May Help”, November 14, 2008
- “Global Warming | Local Planning | SB 375”, October 8, 2008
- “CEQA and Climate Change - More Hot Air From Sacramento?”, July 22, 2008
- “Making Lemonade: Can Any Good Come Out of Two Recent Developer Defeats?”, June 30, 2008
- “Condominium Conversions: The New Year Presents New Challenges”, January 8, 2008
- “The Eminent Domain and Redevelopment Rules Have Changed”, February 9, 2007
- “City of San Diego Adopts Inclusionary Housing Fee and Tenant Relocation Requirements for Condominium Conversions”, February 12, 2004
- “Turbulent Times for the Coastal Commission: And Other Recent Land Use Developments”, January 17, 2003
Activities and Affiliations
Community Involvement and Pro Bono
- Board Member, La Jolla YMCA
- Board Member and Board Secretary, HomeAid San Diego
- Past Chair, Adventure Guides (La Jolla)
- Panelist, "Redevelopment is Gone, Now What? - A Practical and Legal Discussion with a San Diego County Twist", 34th Annual Real Property Retreat, May 1, 2015
- Presenter, "2015 Construction Law Update", Construction Management Association of America, San Diego Chapter, February 26, 2015
- Panelist, 2014 Land Use Round Table, California Lawyer, San Francisco, August 15, 2014
- Moderator, “The New Normal: Development in a Post-Redevelopment Era”, California State Bar Real Property Law Section Retreat, April 27, 2013
- Moderator, “Using Public Outreach to Reduce Permit Litigation Risk:, Infocast Utility Scale Solar Permitting and Compliance Forum, October 9, 2012
- Member, Urban Land Institute: San Diego/Tijuana - Board member and Investor Development Committee
- Member, University of California, San Diego Urban Studies & Planning Program Steering Committee
- Member, San Diego Building Industry Association Legislative Committee
- San Diego County Bar Association
- Member, Lambda Alpha International Honorary Society for the Advancement of Land Economics