Attorney Scott Carlos Smith's Legal Cases

Land use and zoning

City of Lake Forest Opportunities Study Implementation (2008-2011)

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OUTCOME: Finalized five major development agreements covering 700 acres

Smith led the Best Best & Krieger team that negotiated and finalized in 2010 five major development agreements covering 700 acres of land near the former El Toro Marine Corps Air Station. Smith and hi ... s team negotiated agreements with the longtime landowners, the city and Orange County to rezone the land from industrial/commercial to residential/mixed use, bringing nearly $100 million of benefit to the city in the form of funding for a sports park, civic center, transportation parkway and other needed infrastructure. The project included transfer of a community facilities district and transportation tax funding from the county to the city to fund a major regional arterial access as part of the project. Smith oversaw an update of all city public construction documents in anticipation of the public projects.

Land use and zoning

City of Lake Forest Glass Creek Park Development (2008-2011)

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OUTCOME: Development of a master plan for a 70-acre park and community center

Smith oversaw the acquisition and assembly of land and development of a master plan for a 70-acre park and community center in Lake Forest. This transaction involved an open space exchange agreement a ... mong Orange County, the city and a private landowner, a condemnation case to acquire hillside open space, a programmatic environmental impact report, major amendments to several elements of the city's general plan, permitting from Fish and Wildlife, Fish and Game, the Regional Water Quality Control Board, the Army Corp of Engineers, the Nature Reserve of Orange County, and the County Flood Control District, cooperative agreements with Irvine Ranch Water District and other utilities, and an innovative cactus wren transplantation plan approved by the Orange County Fire Authority to reduce fire exposure through use of trails and other passive open space. The city anticipates commencement of construction of the park and community center before the end of 2011.

Land use and zoning

City of Lake Forest Marijuana Dispensary Land Use Cases (2009-2011)

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OUTCOME: Enforced the city’s zoning code prohibition on marijuana distribution facilities

Smith heads the service team that has enforced the city’s zoning code prohibition on marijuana distribution facilities. This work has included advising the city council on land use abatement actions a ... gainst more than 20 facilities and obtaining trial court decisions ordering their closure. (Ten have since closed.) Efforts in 2010-2011 include representing the city in appeals filed by some of the facilities. The city’s approach, based on successful BB&K efforts in City of Corona v. Naulls (2008) 166 Cal. App. 4th 418 and City of Claremont v. Kruse (2009) 177 Cal. App. 4th 1153, has become a template for municipal enforcement of land use regulations for marijuana distribution facilities throughout California. The trial court upholding the city’s efforts found that the city could use these traditional police powers to regulate distribution facility land uses and that these regulatory efforts were not preempted by California’s Compassionate Use Act.

Land use and zoning

City of Aliso Viejo Zoning Ordinance (2010)

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OUTCOME: Completed the city’s first zoning ordinance

Smith headed the legal team that completed the City of Aliso Viejo’s first zoning ordinance. Smith has represented Aliso Viejo since its incorporation in 2001. The new zoning ordinance contains zonin ... g for several city-specific land uses, including special provisions relating to affordable housing and adaptive re-use of property for religious and other assembly uses. Smith’s efforts included coordination of colleagues to write zoning policies relating to sustainable communities, green building codes, updated water conservation regulations, and stormwater regulations conforming to new regional water quality control board regulations. The most innovative provisions of the zoning ordinance implement the General Plan’s community benefit overlay zone policies. These provisions create “default” zoning which applies as a matter of right, but also “community benefit” entitlements, which provide enhanced entitlements to developers who commit to contributing community benefit fees for public facilities and affordable housing in connection with development agreements.

Land use and zoning

Helix Irrigation District El Monte Valley Mining, Reclamation and Groundwater Recharge Project (2008-2011)

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OUTCOME: Planning and implementation of the Project

As general counsel, Smith heads the Helix Water District’s legal team contributing to the planning and implementation of the El Monte Valley Mining, Reclamation and Groundwater Recharge Project. The pr ... oject includes permitting for surface mining 12 million tons of material over a ten-year period on 580 acres of district property in the El Monte Valley. It also includes groundwater recharge of up to 15% of the district’s water supply. (Helix serves approximately 250,000 residents.) Smith has led the legal team to scope applications and environmental review of mining and reclamation of the lands for habitat creation/restoration, a recreational/equestrian trail network, and public access. Legal work to date has included inter-agency agreements for water supply, determination of water rights, preliminary work on county entitlement applications, EIR scoping, assistance in pursuing state and federal grants, state and federal regulatory permitting, and a quiet title action on the property.

Government

City of Aliso Viejo

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OUTCOME: Won APA Award

FIrst General Plan

Scott Carlos Smith's Legal Cases (6)

City of Lake Forest Opportunities Study Implementation (2008-2011)

City of Lake Forest Glass Creek Park Development (2008-2011)

City of Lake Forest Marijuana Dispensary Land Use Cases (2009-2011)

City of Aliso Viejo Zoning Ordinance (2010)

Helix Irrigation District El Monte Valley Mining, Reclamation and Groundwater Recharge Project (2008-2011)

City of Aliso Viejo