The Most Common Misconception About Public Partnerships

Andrew Fogg is a partner at Cox, Castle & Nicholson.

LOS ANGELES—The most common misconception about public-private partnerships is that the entitlement and regulatory process is expedited or even exempt for developers, according to Ron Silverman and Andrew Fogg, partners at Cox, Castle and Nicholson. Developers in public partnerships, like the ones that Metro is forging to boost transit-oriented development, are held to the same entitlement and regulatory standards as any other project, and may even see a lengthier process because of the separate guidelines and standards of the government agency.

“Just because there is a public agency involved does not mean that the developer can build whatever they want,” Fogg tells GlobeSt.com. “There is still a regulatory agency that has the jurisdictional authority over the improvements. The public agency that has the land understands the zoning, but a lot of times what they have in mind might contemplate intensification of zoning and they are going to expect that the developer will lead that process through the city. Then, the ground lease or disposition will come back through the agency following the city’s approval. The granting of a ground lease are discretionary acts and trigger compliance with CEQA, and so there is a really interesting dynamic where we are navigating two masters. You have the agency’s desires of what they want to see and you will have the city’s desires of what they think is appropriate given the zoning and infrastructure. There could be a real tension there of trying to satisfy both sides.”