• Brady R. McShane

    Partner
    Real Estate & Land Use
    bmcshane@manatt.com
    Download Contact (.vcf)

    Los Angeles
    Direct: 310.312.4386
    General: 310.312.4000
    Fax: 310.312.4224

    Education

    University of Virginia School of Law, J.D., 2001.

     

    Arizona State University, B.S., Communication, 1997.

    Bar Admissions
    California
    • Profile
    • Representative Matters
    • Honors & Awards
    • Publications
    • Memberships & Activities
    • Speaking Engagements

    Profile

    Brady McShane is a partner in the firm's Los Angeles office and a member of the Real Estate & Land Use Practice Group. He advises clients on regulatory, environmental and political issues involved in developing controversial projects in California. His practice focuses on securing land use approvals, regulatory permits and environmental clearance and counseling clients on land use issues pertaining to the acquisition, disposition and financing of properties. Mr. McShane also works closely with Manatt's litigation group in defending development projects in court against CEQA and other land use-related claims.

    Mr. McShane has extensive experience with CEQA, the Subdivision Map Act, the Coastal Act, Mello Act, and other local, state, and federal ordinances, regulations, and statutes. He represents developers, corporations, individuals, institutions and nonprofit organizations and regularly appears in public hearings before agencies, boards, commissions and legislative bodies. Mr. McShane has a broad range of land use experience, including with regard to single- and multiple-family residential communities, mixed-use, hotels, regional shopping centers, big box retail stores, specialty retail stores, medical buildings, performing arts theaters, sports stadiums and self-storage facilities. Mr. McShane has also advised institutional lenders on the land use and entitlement issues associated with distressed assets.

    Representative matters

    • Obtained certification of an EIR and discretionary land use entitlements for the Wallis Annenberg Center for the Performing Arts in the City of Beverly Hills. The project consisted of the adaptive reuse of a 38,000-square-foot historical federal post office building and development of a new, state-of-the-art 28,000-square-foot, 500-seat live performance theater, 150-seat studio theater/rehearsal hall, theater school, sculpture garden, café, gift shop, and three-level subterranean public parking garage.
    • Obtained discretionary entitlements for the major renovation and expansion of an internationally renowned luxury retail flagship store located on Rodeo Drive in the City of Beverly Hills.
    • Obtained certification of an EIR and discretionary land use entitlements to develop 340 single-family residential units in the City of Oxnard. The discretionary project approvals consisted of a development agreement, general plan and specific plan amendments, zone changes, special use permits and tentative tract maps.
    • Obtained certification of an EIR and discretionary land use entitlements, including a general plan amendment, specific plan, zoning code amendment and vesting parcel map for the development of an approximately 250,000-square-foot regional commercial shopping center and 50 residential units in the City of Atascadero.
    • Obtained certification of an EIR and discretionary land use entitlements, including a zoning code amendment, conditional use permit and precise plan approval for the major remodel and expansion of an approximately 150,000-square-foot big box retail store in the City of Cerritos.
    • Obtained CEQA clearance and discretionary land use entitlements for the expansion and major remodel of an approximately 100,000-square-foot retail membership club store in the City of Gardena. 
    • Obtained discretionary land use entitlements for the construction and operation of a high-end fine dining restaurant located in the City of Los Angeles. 
    • Obtained discretionary land use entitlements for the expansion of a self-storage facility located in the City of Los Angeles.
    • Obtained discretionary land use entitlements for the construction and operation of a new, state-of-the-art facility for a nonprofit organization serving low-income families and homeless individuals in the Venice Beach area of the City of Los Angeles.
    • Obtained discretionary conditional use permit for the operation of a behavioral health services medical facility located in the City of San Marcos.
    • Represented charter school in obtaining an exemption from local zoning ordinances under state law and a Categorical Exemption from CEQA to operate a public charter school.
    • Provided substantive expertise in connection with successfully defending development projects in Los Angeles and other cities throughout California against CEQA and other land-use-related litigation.
    • Advised institutional lender in connection with the evaluation and disposition of numerous distressed master-planned residential developments located throughout California, including with respect to existing project entitlements, remaining on- and off-site development obligations and applicable environmental mitigation measures, pending litigation and operating expenses such as development fees, impact fees and property taxes and municipal bond assessments.
    • Advised national insurance and pension company on land use and environmental issues in the portfolio acquisition of a luxury apartment building and vacant outparcel representing possible future expansion in the Marina del Rey area of Los Angeles. 
    • Advised financial institution on land use and environmental issues associated with issuing secured loan for properties in Galt, Fillmore, Victorville, Santa Clarita and Rohnert Park that are proposed to be developed with single-family residential.
    • Advised real estate investment trust on land use and environmental issues associated with the potential acquisition and re-entitlement of a mixed-use development in the City of Carson originally contemplated for 1,550 residential units, a 300-room hotel, and 1,995,125 square feet of commercial floor area.
    • Advised on land use and environmental issues in connection with the acquisition, development, and ultimate operation of large solar energy projects located throughout California.
    • Advised national healthcare system on land use and environmental issues in connection with the development and operation of a hospital and medical office buildings in Riverside, California.
    • Advised financial institution on land use and environmental issues associated with loan secured by luxury hotel in Beverly Hills.

    Representative Matters

    Honors & Awards

    Named a Southern California "Rising Star" by Super Lawyers Magazine in 2008 and 2010-2014.

    Recipient of annual "Everybody Shines" Community Service Award from the St. Joseph Center in recognition of entitling the construction and operation of a new community service center in Venice Beach, California, pro bono.

    Publications

    "CEQA "Modernization"—Urgent End-of-Session Alert," Manatt Real Estate and Land Use Newsletter, September 11, 2013.

    "CEQA “Modernization”: Taking the Reform Out of CEQA Reform," Manatt Real Estate and Land Use Newsletter, August 20, 2013.

    "CEQA Reform? What's In and What's Out with SB 731 (And What's Next...)," Manatt Real Estate and Land Use Newsletter, May 23, 2013.

    "CEQA Exemptions: Not All They're Cracked Up To Be?," National Association of Environmental Professionals/Association of Environmental Professionals Joint Conference, 2013.

    "Court Second-Guesses City, Finding Incorrect Description of Project Objective and Purpose Invalidates EIR," Manatt Real Estate and Land Use Newsletter, December 13, 2012.

    "CEQA Remedies Clarified," Manatt Real Estate and Land Use Newsletter, November 2, 2012.

    "The Stress of Distressed Assets: Lenders Need to Think Twice About Foreclosing on Partially Completed Residential Developments," Mortgage Banking Magazine, July 2009.

    Memberships & Activities

    Board of Directors, Special Olympics Southern California.

    Member, Urban Land Institute Los Angeles Land Use Leadership Committee.

    Member, Southern California Association of Governments Global Land Use Economic Council.

    Member, Westside Urban Forum.

    Member, Los Angeles County Bar Association. 

    Member, State Bar of California.

    Admitted to practice in California and before the United States Court of Appeals for the Ninth Circuit. 

    Speaking Engagements

    Panelist, "CEQA Exemptions After Berkeley Hillside: Does the Exception Swallow the Rule?" Association of Environmental Professionals State Conference, March 2014.

    Panelist, "The Administrative Process - Building a Defensible Record: Completing the CEQA Process," Lorman Education Services, February 2014.

    Moderator/Panelist, "CEQA Exemptions: Not All They're Cracked Up To Be?" National Association of Environmental Professionals/Association of Environmental Professionals Joint Conference, 2013.

    Speaker, "Entitlement Issues Associated with the Development of Child Care Centers," Public Counsel Law Center's 2nd Annual Planner's Summit, July 2009.

    Speaker, "Land Use and Entitlement Issues Related to Distressed Assets," CLE, May 2009.