Brian C. Fish
Brian Fish focuses his practice on land use, redevelopment, 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, prevailing wage analysis and all other manner of documentation required to acquire, develop, entitle, redevelop, occupy and sell property. In addition, he 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).
- The Best Lawyers in America® - First Year Listed: 2008 - Most Recent Listing: 2014 (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 - Most Recent Listing: 2014 (Land Use/Zoning)
- 2011 Chairman's Award - Building Industry Association of San Diego - Recognizing "Outstanding Service and Contributions to the Industry"
- Successfully represented a major public energy company in California Environmental Quality Act (CEQA) litigation regarding property located in Long Beach, California.
- Represented a national commercial developer on 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 negotiation, and other related real estate and land use documentation.
- Conducted land use and real estate due diligence for a national apartment developer regarding the potential acquisition of a shopping center in the city of San Diego for redevelopment as a large, mixed-use project.
- Advised a national title company regarding Williamson Act compliance issues for property in areas such as the county of Imperial, the county of Sacramento and the city of Chino.
- JD, Emory University School of Law, 1996
- BA (Urban Studies & Planning), University of California, San Diego, 1991
- "CEQA Haze and Confusion - Proposed Air quality Rules Could Poison Your California Project," - Land Use Advisory, October 23, 2014
- "Unicorns, Meaningful CEQA Reform and Other Mythical Creaters," Land Use Advisory, October 7, 2014.
- "McKenna Partners featured in California Lawyer 2014 Roundtable Series " - MLA Land Use Advisory, September 29, 2014
- "How Proposed 'Waters of the U.S.' Rule May Affect Businesses and Landowners," MLA Environmental and Real Estate Advisory, 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.
Seminars and Presentations:
- 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