Kathleen (Kit) Faubion has advised public agency clients on land use and environmental matters for nearly 40 years. Her legal experience and knowledge are complemented by her past experience as a staff planner at the local agency level. With her planning experience Kit brings a uniquely practical perspective to her land use and California Environmental Quality Act (CEQA) practice. She has provided invaluable advice to many agencies in amending general plans, zoning ordinances and similar regulations. She has particular expertise in preparation of specific plans. She routinely advises local agencies on CEQA compliance, including the preparation of environmental impact reports (EIRs), negative declarations and related findings to support project approvals. Kit previously served as the City Attorney for San Juan Bautista and has served as assistant city attorney and planning commission counsel for several cities and CEQA counsel for several special districts. She is a frequent speaker on land use and CEQA matters, and regularly provides technical training programs for local agency staff.
- Eastern Dublin General Plan Amendment and Specific Plan. Advised the City of Dublin throughout a five-year process to amend the general plan and adopt a specific plan for approximately 3,300 acres. The plan approved 14,000 dwelling units and 9,000,000 square feet of commercial development and was successful against two mandate actions alleging non-compliance with CEQA and general plan statutes.
- Eastern Dublin Property Owners, Fallon Village. Advised the City of Dublin on land use and CEQA process for approval of 1,100 acre annexation, pre-zoning and planned unit development. The project successfully overcame a legal challenge to the approval and Supplemental EIR.
- Milpitas Midtown Specific Plan. Advised the City of Milpitas on land use and CEQA through a three-year process for approval of a specific plan to revitalize 1,000 acres in the City of Milpitas’s aging industrial and commercial core.
- Intermodal Passenger Rail Station. Advised the City of Union City on land use and the CEQA process for approval of a future Bay Area Rapid Transit (BART), Dumbarton Rail and Capitol Corridor rail passenger connection station.
- Shiloh Road Shopping Center. Advised the Town of Windsor on land use and the CEQA process for a regional shopping center. Based on the administrative record created during the project approval process, the Town won summary judgment in a challenge to one part of the project. The remaining legal challenges were withdrawn
Sample Presentations and Publications
- Speaker, “CEQA Reform: Threat to Environmental Protection or Long Overdue,”CSDA Annual Conference, 2013
- Speaker, “Public Health and Climate Change,” Contra Costa County Climate Leaders Workshop, 2012
- Co-author, Continuing Education of the Bar (CEB) California Land Use Practice, Environmental Review and Mitigation chapter
- Co-author, Office of Planning and Research manual titled Bridging the Gap: Using Findings in Local Land Use Decisions, Second Edition
- Reviewer, Municipal Law Handbook, Endangered Species section (2003, 2006), Subdivisions section (2007-2009)
- Lecturer for CEB, Lorman Education Services, Bay Area City Attorneys association, and other similar groups on land use, CEQA, endangered species, Brown Act issues.
- Presenter, “Ten Tips for Updating a Zoning Ordinance,” State Bar Cyber Institute webinar