Cecily Talbert Barclay focuses her practice on land use, real estate and local government law. She regularly assists landowners, developers and public agencies throughout California in all aspects of land use processing, including compliance with CEQA, drafting, negotiating and obtaining the approval of development agreements, general plan amendments, specific plans, planned development zoning, annexations, initiatives and referenda, and tentative and final subdivision maps. Cecily is a member of and past chair of Bingham's Land Use and Development Practice Group.
In addition to processing entitlements for large mixed-use master planned communities, as well as for reuse of former military facilities and other infill development sites, Cecily also has significant experience negotiating school fee mitigation agreements, preparing conservation easements to mitigate for loss of biological resources, drafting affordable housing programs, and assisting local agencies in drafting ordinances relating to updating general plans and housing elements, planned development zoning, specific plans, mitigation fees, affordable housing and growth management.
Cecily is the author of Curtin’s California Land Use and Planning Law, a well-known publication which definitively summarizes the major provisions of California’s land use and planning laws. She regularly speaks and writes on topics involving land use and local government law, including programs and articles for the American Bar Association, American Planning Association, California Continuing Education of the Bar, League of California Cities, University of California Extension programs, Urban Land Institute, and other state and national associations and conferences. Cecily’s practice also focuses on how agencies and developers must comply with state housing laws, particularly anti-NIMBY and density bonus laws. Cecily is also the president of two nonprofit affordable housing corporations in Oakland, Calif.
- Cecily’s recent engagements include representing the Alameda Redevelopment and Reuse Authority in its negotiations with master developer for reuse of Alameda Weapons Station and processing agency approvals for expansion of the Broadway Plaza to bring Neiman Marcus to Walnut Creek; the El Rancho and San Benito Santana Ranch master plan community projects in San Benito County; Cirque du Soleil (Fall 2009 performance, KOOZÁ) in Santa Monica (California Coastal Commission permit); Central Train Station and Leona Quarry projects in Oakland; the Rivermark Master Planned Community in Santa Clara; the University District Specific Plan Area in Rohnert Park; Waterfront District project in Hercules; Faria Ranch Specific Plan in San Ramon; Laguna Vista project in Sebastopol; Westfield Master Plan and Thomas Ranch Specific Plan in Gilroy; Aviano project in Antioch; the Alamo Creek, Dougherty Valley and Cecchini Ranch developments in Contra Costa County as well as dozens of other residential, mixed-use and commercial projects throughout California.
- Co-author, “Freeing Development,” Los Angeles and San Francisco Daily Journal (Oct. 24, 2007)
- co-author, “Untangling Restrictions,” Los Angeles and San Francisco Daily Journal (July 10, 2007)
- Co-author, “Battling Blight,” Los Angeles and San Francisco Daily Journal (April 2, 2007)
- Co-author, “Map Act Mayhem,” San Francisco Daily Journal (Feb. 5, 2007)
- Author, “California's Response to the Affordable Housing Crisis,” Panel: Update on Affordable Housing (Aug. 17–19, 2007)
- Author, “Approaches to Land Use Compatibility for Military Facilities,” Panel: Update on Federal Facilities and Land Use Compatibility (Aug. 17–19, 2007)
- Author, “Redevelopment, Development Agreements and the Public Private Partnership,” Panel: Development and Annexation Agreements (Aug. 17–19, 2007)
- Author, “Creating Flexible Zoning Tools for Successful Mixed Use Developments,” Panel: Permitting the Master-Planned Community (Aug. 17–19, 2007)
- Author, “Legislature Adds Heft to Laws Requiring Affordable Housing,” San Francisco/Los Angeles Daily Journal (Nov. 14, 2005)
- Author, “Recent Developments in Land Use, Planning & Zoning Law: Current Issues in Inclusionary Zoning,” The Urban Lawyer, Vol. 37, No. 3 (Summer 2005)
- Author, “Land Use Due Diligence is Essential to Successfully Relocating or Expanding Your Small Business,” East Bay Business Times (March 24, 2005)
- Author, “Use of Development and Annexation Agreements in General and California's Experience — What Do You Mean I Can't Develop?,” American Planning Association 2005 National Planning Conference (March 20, 2005)
- Author, “CEQA: Master Planning and Tiering,” League of California Cities, City Attorney Continuing Education (Feb. 24, 2005)
- Author, “Housing Mandates and their Implementation,” Annual Institute on Planning, Zoning and Eminent Domain (Dec. 9, 2004)
- Author, “Year in Review: 2003 Yields Some Noteworthy Legislation,” San Francisco/Los Angeles Daily Journal (Nov. 21, 2003)
- Author, “Legislature Keeps Busy With Controversial Land Use Bills,” San Francisco/Los Angeles Daily Journal (Nov. 19, 2004)
- Author, “Current Issues in Inclusionary Zoning,” The Urban Lawyer (Summer 2004)
- Author, Inclusionary Zoning, Current Trends and Practical Strategies in Land Use Law and Zoning (2004)
- Author, “Coastal Commission Can Issue Findings After Decision is Made,” San Francisco Daily Journal (July 18, 2003)
- “Inclusionary Housing Programs: Local Governments Respond to California's Housing Crisis,” Boston College Environmental Affairs Law Review, Vol. 30, No. 3 (Spring 2003)
- Author, “New Statutes Show Legislature Has Embraced Smart Growth,” San Francisco/Los Angeles Daily Journal (Nov. 15, 2002)
- Paying for Growth: California Style Overview of Takings and Exactions Law, Georgetown University Law Center Environmental Law & Policy Institute 5th Annual Conference: Litigating Regulatory Takings Claims (Oct. 10–11, 2002)
- Panelist, Annual Land Use Breakfast Briefing, Bingham McCutchen, San Francisco (May 13, 2010), Silicon Valley (May 11, 2010) and Walnut Creek, Calif. (Jan. 20, 2010)
- Panelist, Judicial Developments in Land Use Law, Land Use Updates and Trends Law, County Counsels’ Association Spring Land Use Conference, Palm Springs, Calif. (May 6, 2010)
- Speaker, Central California Annual Land Use and Planning Law Conference, Avila Beach, Calif. (April 16, 2010)
- Lecturer, Annual Land Use Law Review and Update, University of California, Davis Extension Program (March 4, 2010)
- Panelist, Land Use Updates and Trends Law, County Counsels’ Association Spring Land Use Conference, Shell Beach, Calif. (May 7-8, 2009)
- Panelist, Updates, Trends & Analyses, Annual Central California Land Use and Planning Law Conference, Avila Beach, Calif. (April 3, 2009)
- Lecturer, Land Use Law Overview, San Ramon Valley Leadership, San Ramon, Calif. (April 2, 2009)
- Program Co-chair and Lecturer, Land Use in Northern California, San Francisco, Calif. (March 19-20, 2009)
- Lecturer, Land Use Legislative Update, Annual Land Use Law Review and Update, University of California, Davis Extension (March 6, 2009)
- Panelist, Annual Land Use Breakfast Briefing, Bingham McCutchen, Walnut Creek, Calif. (Jan. 21, 2009)
- Lecturer, Land Use Updates and Trends, County Counsel Association, San Diego, Calif. (May 1, 2008)
- Lecturer, American Planning Association Annual Conference, Las Vegas, Nev. (Apr. 27-May 1, 2008)
- Lecturer, Annual Land Use Update, University of California, Berkley Extension, San Francisco, Calif. (April 16, 2008)
- Program Co-Chair and Lecturer, Updates, Trends & Analyses Land Use Update, Central California Annual Land Use and Planning Law Conference, Avila Beach, Calif. (April 4, 2008)
- Lecturer, Land Use Law Overview, San Ramon Valley Leadership, San Ramon, Calif. (April 3, 2008)
- Lecturer, Annual Land Use Update, University of California, Davis Extension (March 21, 2008)
- Panelist, Annual Land Use Breakfast Briefing, Bingham McCutchen, Walnut Creek, Calif. (Jan. 23, 2008)
- Lecturer, Judicial Developments in Land Use Law, San Luis Obispo County Counsel Association Spring Land Use Conference, Seaside, Calif. (May 2007)
- Lecturer, Fundamentals of Land Use and Planning Laws, San Ramon Valley Leadership, Regional Planning Day (April 5, 2007)
- Lecturer, Annual Land Use Update, University of California, Davis Extension (March 2, 2007)
- Lecturer,Updates, Trends & Analyses, Annual Central California Land Use and Planning Law Conference,Avila Beach, Calif. (March 2007)
- Lecturer, Affordable Housing and Related Issues, Bingham McCutchen 16th Annual Land Use Breakfast Briefing, Walnut Creek, Calif. (March 2007)
- Lecturer, Fulfilling the Promise: Incorporating Environmental Justice Into Land Use Planning and Regulation, Environmental Justice and Land Use Planning and Zoning Collide (Jan. 11, 2006)
- Lecturer, California’s Response to the Affordable Housing Crisis, Center for American and International Law, San Francisco, Calif. (Dec. 16, 2005)
- Lecturer, Military Facilities and Land Use Compatibility, American Law Institute — American Bar Association 21st Annual Land Use Institute, San Diego, Calif. (Aug. 25-27, 2005)
- Lecturer, Redevelopment, Development Agreements, and Protecting the Public in the Public/Private Partnership, American Law Institute - American Bar Association 21st Annual Land Use Institute, San Diego, Calif. (Aug. 25-27, 2005)
- Lecturer, Planning, Permitting and Regulating the Mixed-Use Project, American Law Institute — American Bar Association 21st Annual Land Use Institute, San Diego, Calif. (Aug. 25-27, 2005)
- Lecturer, Housing: Subsidized, Affordable, Workforce, Attainable, American Law Institute — American Bar Association 21st Annual Land Use Institute, San Diego, Calif. (Aug. 25-27, 2005)
- Lecturer, California’s Response to the Affordable Housing Crisis, American Law Institute — American Bar Association 21st Annual Land Use Institute, San Diego, Calif. (Aug. 25-27, 2005)
- Lecturer, Use of Development and Annexation Agreements in General and California’s Experience: What Do You Mean I Can’t Develop?, American Planning Association Annual Conference, San Francisco, Calif. (March 20, 2005)
- Lecturer, CEQA: Master Planning and Tiering, League of California Cities, City Attorneys Continuing Education Department, Newport Beach, Calif. (Feb. 24, 2005); Oakland, Calif. (Feb. 25, 2005)
- The Best Lawyers in America, Leading lawyer in land use and zoning law (2007–2010)
- Leading Lawyer, Legal 500 US, California North: Land Use and Zoning (2009)
- Chambers USA: America’s Leading Lawyers for Business (2006-2010)
- “Top East Bay Land Use Attorney,” East Bay Business Times (2006–2008)
- Super Lawyers, Northern California (2004–2010)
- Phi Beta Kappa
- American Bar Association, Section of State and Local Government Law
- Contra Costa County Bar Association
- American Planning Association
- Admitted to practice in California
- U.S. Court of Appeals, Ninth Circuit
- U.S. District Court, Northern District of California
- Harvard Law School, Juris Doctor, with honors, 1988
- University of California, Berkeley, Bachelor of Arts, with highest honors, 1983