Attorneys

Andrew L. Faber

Partner

Land Use & Municipal Law

Mr. Faber has over forty years of experience in representing private and public clients in a wide range of land use, environmental, and public law matters, and in real estate, environmental, and eminent domain litigation. From 2005 through 2016, Mr. Faber was recognized as a Northern California Super Lawyer in Land Use/Zoning, State, Local and Municipal, and Real Estate.

Mr. Faber represents a number of public agencies, including as Acting City Attorney of the City of Gilroy and Acting General Counsel of the South County Regional Wastewater Authority, along with special representation of agencies regarding development issues and in the trial of CEQA cases.

Representative Cases

  • California Building Industry Assn. v. City of San Jose
    216 Cal. App. 4th 1373 (2013) [2014 to CA Supreme Court]
    Successfully represented the City of San Jose in the plaintiff’s appeal for declaratory and injunctive relief against the defendant. The lower court’s judgement was reversed and costs on appeal were awarded to the City of San Jose.
  • Contra Costa Water District v. Vaquero Farms, Inc.
    Contra Costa County Superior Court. Lead trial counsel for Water District in eminent domain action to acquire 3,400 acres of land for Los Vaqueros Reservoir Project; District's valuation of the property was $8 million, landowner's was $57 million; after three-month-long jury trial, verdict was $14.4 million, which was less than the District's final offer to the landowner
  • People (CalTrans) v. Liberty Service Corp., Santa Clara County Superior Court
    Trial Counsel for landowner in eminent domain action on the valuation of 60 acres of property for the widening of Route 237; landowner's valuation of the property was $12 million; State's was less than $4 million; result after three-week jury trial: $10.15 million verdict plus attorneys' fees, costs, and interest
  • Santa Clara County Local Transportation Authority v. Guardino
    11 Cal.4th 220 (Cal. Supreme Court 1995). As General Counsel for SCCLTA, participated in precedent-setting Supreme Court case on the scope of public entities' powers to levy general and special taxes in light of Propositions 13 and 62
  • Sesi v. Signal Landmark, et al
    U. S. District Court for S. D. Cal. (San Diego). Successfully extricated the City of Coronado from complex CERCLA and RCRA actions arising out of contaminated soils from a former city dump site

Legal Experience

  • Click here for websites for selected local planning-related agencies in Santa Clara, Santa Cruz, Monterey and San Mateo Counties.
  • CEQA/NEPA Matters
    Represents public and private clients in developing strategy and reviewing EIR/EIS's for CEQA/NEPA compliance to avoid litigation; also trial and appellate counsel in numerous CEQA and NEPA lawsuits for both public and private clients, including, e.g., BFI v. City Council of San Jose, 181 Cal. App. 3d 852 (6th Dist. 1986); Sierra Club v. Gilroy, 222 Cal. App. 3d 30 (6th Dist. 1990)
  • Private Land-Use Work
    Represents private developers and landowners in applications for general plan amendments, rezonings, subdivision maps and use permits, including processing applications and making public appearances in San Jose, and many other local cities, including Santa Clara, Los Gatos, Saratoga, Foster City, Fremont, Newark
  • Public Agency Counseling
    Represents a number of public agencies, including as Acting City Attorney of the City of Gilroy and Acting General Counsel of the South County Regional Wastewater Authority, and formerly as general counsel of the Santa Clara County Local Transportation Authority, and Acting City Attorney of Milpitas

Non-Legal Professional Experience

  • Oceanographer, U.S. Naval Research Laboratory, Washington, D.C., 1968 - 71

Professional Admissions

  • State Bar of California, 1974 - present
  • California Supreme Court
  • United States Supreme Court
  • United States Court of Appeal, Ninth Circuit
  • United States District Court, Northern, Central, Southern Districts of California

Presentations

  • “Inclusionary Housing Requirements: Still Possible?,”League of California Cities Meeting, City Attorneys Department, Los Angeles, 2014
  • “Permitting and Balanced Growth after Koontz,” American Bar Association Annual Convention, Boston, MA, 2014
  • “Prop. 98: Property Owner Protection or Hidden Agendas Scheme?,” League of California Cities, City Attorneys Conference, La Jolla, 2008
  • "Reducing the Traffic that Causes the Potholes: California's New ‘Regional’ Congestion Management Scheme," American Bar Association Annual Convention, Toronto
  • "New Initiative Cases Pose More Questions for City Attorneys," League of California Cities, City Attorneys Conference, Lake Tahoe
  • "Legally Defensible Environmental Review Under CEQA in California," Lorman Education Services, 2004 - 2008
  • "Civil Procedure Before Trial," Continuing Education of the Bar
  • "Surviving Cross-Examination, Appraisal Institute Seminar," South Bay Workshop

Articles/Publications

  • SBN Online, “CEQA abuse on the rise: What businesses should know if a project needs discretionary permits,” June, 2014
  • California Real Estate Law (Matthew-Bender), "Exactions," chapter 64
  • California Real Estate Forms and Practice (Matthew-Bender), "Zoning, Building, and Environmental Entitlements and Permits," chapter 30B
  • Silicon Valley Business Ink, "Seen Any Red-Legged Frogs Lately?," Dec. 15, 2000

Activities/Memberships

  • American Bar Association
  • Santa Clara County Bar Association
  • Santa Clara County Superior Court, Arbitrator
  • Santa Clara County Bar Association Law Foundation, Past Director, Past Treasurer
  • "AV" Rating, Martindale-Hubbell

Education

  • Stanford University Law School, J.D., Articles Editor, Stanford Law Review, vol. 26, Author of Published Note, 1974
  • Harvard University, A.M., Applied Physics, 1968
  • Swarthmore College, B.A., Physics, with High Honors, Phi Beta Kappa, 1967

Personal

  • Born in New York City
  • Resident of Monte Sereno (Santa Clara County)
  • Married with two children
  • Interests include computer programming, sports, and amateur radio