Cases
Experience: Representative Clients
Projects: Aspen Growth Properties, Inc.: La Costa Town Square : - 80-acre mixed-use center in Carlsbad, California, consisting of retail, warehouse, office, affordable apartments
condominiums. L
use matters
entitlements include environmental impact report (EIR), General Plan Amendment, Master Tentative Map, conditional use permit
Hillside Development Permit.
Building Industry Association of San Diego: Vallecitos Water District Capacity Fee Repeal : -Provided the Mitigation Fee Act legal analysis that forced Vallecitos Water District to repeal its ordinance for an extra capacity fee that saved development projects approximately $45 million. Sheppard Mullin successfully argued that there was no constitutionally-required nexus between the proposed new fee
the water supply impact of the high density development projects because the water district would already collect sufficient funds under the existing capacity fee to pay for new water infrastructure projects to serve the developments.
Brookfield Homes: Sears 101 Ranch : - 5,968 single-family dwelling units, 1,082 multi-family dwelling units, four schools, extensive park system,
14.6-acre multi-use site for commercial retail office located on a 1,800-acre site in Imperial County, California. L
use matters
entitlements include EIR, development agreement, specific plan, formation of County Service Area, negotiation for the release of property subject to the Williamson Act, preparation of mitigation plan for the burrowing owl,
negotiation of water rights with the Imperial Water District.
University Commons : - 416-acre site consisting of 477 single-family dwelling units, 747 multi-family dwelling units, a 12.8 industrial site,
a 2.1-acre commercial site located in San Marcos, California. L
use matters
entitlements include EIR, defense of challenge to EIR, development agreement, tentative map, specific plan, ACOE 404 Permit, CDF&G 1602 Streambed Alteration Agreement, conservation easements, acquisition of mitigation property, affordable housing agreement, formation of community facility district (CFD), opposition
legal challenge to a referendum,
processing of permits through the Redevelopment Agency.
Bull Moose Energy, LLC: Bull Moose Biomass Energy Facility : - The project proposes a facility in the Otay Mesa area of San Diego that will gasify biomass waste products, such as tree trimmings, to produce electrical power, while reducing greenhouse gas emissions
diverting several hundred tons of waste per day away from San Diego area l
fills. The matter includes securing the project's local development permits
CEQA certification.
Catholic Diocese of San Diego: St. Jerome's Parish : - 17.6-acre site for proposed church, private school
associated facilities in San Diego, California. L
use matters
entitlements include preservation
enhancement of 5.85 acres for a vernal pool preserve, ACOE 404 Permit, USFWS Section 7 consultation related to impacts on the San Diego fairy shrimp, Clean Water Act 401 Water Quality Certification, Caltrans encroachment permit,
conditional use permit.
Citigroup Global Markets Realty Corp.: St. Regis Monarch Beach Resort
Spa : - 400-room, five-star resort located in Dana Point, California. L
use matters
entitlements include due diligence in connection with foreclosure, including evaluation of maintenance agreements
easements, status of development permits
approvals issued by the City of Dana Point
the California Coastal Commission
compliance with resource permits.
CityMark: Stanford Commons: - 19 lot planned residential development for 15 single-family residences on 2.5 acre site in the City of La Mesa. L
use matters
entitlements include tentative ap, planned residential development permit
negative declaration.
ColRich: Otay Canyon Ranch : - Proposed very low- to medium-density residential
mixed-use commercial master-planned community with approximately 1,200 to 1,900 dwelling units on a total of approximately 70 acres in San Diego (Otay Mesa), California. L
use matter
entitlements include specific plan, vesting tentative map, site development permit
EIR.
Waterpoint Townhomes : - 36 residential condominiums
10 commercial condominiums on a 1.65 acres site in the City of San Diego (Point Loma). L
use matters
entitlements include site development permit, coastal development permit, tentative map
mitigated negative declaration.
Community Housing Works: Florida Street Apartments: - School fee protest against the San Diego Unified School District
the City of San Diego.
Mayberry Apartments: - Purchase of 70-unit apartment complex.
Keeler Court: - Purchase of 1.57 acre site.
Arizona Street: - Cell tower license agreement with T-Mobile.
Howard Street: - Negotiation
preparation of Parking Lot License Agreement.
Competitive Power Ventures: San Diego Peaker Power Plant - : Assisting Competitive Power Ventures in its effort to develop a 200 MW clean, natural gas peaker power plant in the City of San Diego that would utilize recycled water to fulfill its process water dem
s.
The Corky McMillin Companies: Clovis Northeast Urban Center : - 1,000-acre site in County of Fresno, California. L
use matters
entitlements include proposed master planned community, negotiation
preparation of agreement between developers to fund
prepare technical studies for EIR, General Plan Amendment, annexation, resource permits,
specific plan.
Lonestar Ridge : - Proposed low- to medium-density residential master-planned community with up to 1,067 dwelling units on a total of 87.6 acres in San Diego, California. L
use matters
entitlements include EIR, tentative map, general plan
community plan amendments, airport consistency determination from San Diego County Regional Airport Authority, ACOE 404 Permit, California Regional Water Quality Control Board Section 401 Certification,
multiple habitat planning area (MHPA) boundary adjustment.
Miller/Barioni : - 100-acre mixed-use project located in Imperial County (Brawley), California. L
use matters
entitlements include negotiation
preparation of agreement between developers to fund
prepare technical studies for EIR, Service Area Plan, Sphere of Influence amendment, general
specific plan amendments, compliance with tentative map conditions,
preparation of reimbursement agreement for construction of water facilities.
Robinhood Ridge : - 204-acre project with 520 single-family dwelling units
178 multi-family dwelling units, located in San Diego (Otay Mesa), California. L
use matters
entitlements include defense of stop work order
compliance with federal court decision enjoining impacts to vernal pools.
Cornerstone Communities: Old Creek Ranch: - 400 unit condominium project in the City of San Marcos. L
use matters
entitlements include amendment
extension of development agreement
compliance with affordable housing requirements.
Donahue Schriber: Del Mar highl
s Town Center: - Demolition of 41, 800 square feet of existing retail
addition of 129,000 square feet of new retail
addition of 846 parking spaces in new parking structure in the City of San Diego. L
use matters
entitlements substantial conformance review of Planned Development Permit.
D.R. Horton: Camino Ruiz Signal : - L
use
entitlements include negotiation
preparation of cost-sharing agreement for the construction of a traffic signal, compliance with tentative map
site development permit conditions,
obtaining credit for payment of facility benefit fees.
C
lelight Villas : - Proposed medium-density attached residential
retail commercial/mixed-use project on 50.7 total acres, located in San Diego (Otay Mesa), California. L
use matters
entitlements include community plan amendments, satisfying vernal pool mitigation requirements, reviewing CEQA documentation,
negotiating sewer improvements with the City of San Diego.
Carmel Valley Trunk Sewer : - L
use
entitlements include negotiation
preparation of participation agreement for the design
construction of a trunk sewer, mitigated negative declaration, coastal development permit, condemnation for right-of-way, advice regarding prevailing wage
compliance with equal opportunity employment program,
defense of litigation regarding alleged trespass
nuisance arising from the discharge of groundwater.
Hidden Trails : - 207.7-acre site, 205 single-family dwelling units, 180 multi-family dwelling units,
neighborhood park located in San Diego (Otay Mesa), California. L
use
entitlements include tentative map, EIR,
compliance with resource permits.
Hale-Mills Construction: Detention Facility: - Permitting
construction of 200,000 square-foot detention facility on a 645-acre site in Imperial County. L
use matters
entitlements include specific plan, issuance of CEQA notice of exemption
master building permit.
Integral Partners: Esplanade : - Proposed mixed-use project with up to 1,530 attached residential dwelling units
small commercial elements on a total of approximately 72 acres in San Diego (Otay Mesa), California. L
use matters
entitlements include EIR, tentative map, negotiation with Caltrans for freeway right-of-way,
community plan amendment converting use from commercial to residential.
Gr
Caribe/Coronado Cays : - 5.4-acre site for proposed development of 180 luxury hotel suites
related resort amenities, including dining facilities, shops
marina, located in Coronado, California. L
use matters
entitlements include amendment to Port District lease, coastal development permit, compliance with CEQA,
permitting condo-hotel units within tidel
properties that are restricted by the Doctrine of Public Trust
navigation rights.
Regents Park : - This site consists of approximately 8 acres on which are constructed 800+ apartment units, located in San Diego (University Town Center), California. L
use matters
entitlements include negotiation
preparation of purchase
sale agreement, due diligence investigation for condo conversion project, compliance with Department of Real Estate disclosures
Subdivision Map Act,
preparation of reciprocal easements
cost-sharing agreement.
Irvine Company: La Jolla Centre III: - 15 story office building on 5.29 acre site in the City of San Diego. L
use matters
entitlements include compliance with environmental mitigation measures including acquisition of mitigation credits
negotiation
preparation of Covenant of Easement for Protection of Sensitive Resources.
JJB L
Company, L.P.: Mission Gorge Quarry: - This site consists of approximately 420 acres on which JJB L
Company
its affiliate Superior Ready Mix are engaged in mineral extraction in the Mission Gorge area of San Diego. L
use matters
entitlements include EIR, tentative map, habitat management plan, Disposition
Development Agreement, school mitigation agreement, review of wetl
s delineations, negotiation of reimbursement agreements, advising on strategies for obtaining the highest
best future use of the site in the context of the existing reclamation plan,
conditional use permit.
KB Home: The Crest/Shady Grove : - Single-family residential development in San Diego County, California. L
use matters
entitlements include encroachment permit, slope easement, right-of-entry permit,
resolution of issues regarding impacts to environmentally sensitive areas.
University Commons Planning Area 1 : - 20-acre site allowing for multiuse of 165,000 square feet of commercial use, or 300 multi-family dwelling units. L
use matters
entitlements include Site Development Permit, negotiation
preparation of affordable housing agreement,
financing of public infrastructure.
KSL HdC Management Co.: Hotel Del Coronado : - 30-acre hotel site consisting of guestrooms, condo-hotel units, conference center, retail space,
main building designated a California Historical L
mark. L
use matters
entitlements include Master Plan, Coastal Development Permit, Amendment to Development Agreement, Addendum to EIR,
tentative map for condo-hotel.
Laurus Corporation: San Diego Doubletree Resort: - Redevelopment of existing golf course
club house
the addition of approximately 200 single family homes on a 127 acre site in the City of San Diego. L
use matters
entitlements include community plan amendment, rezone, conditional use permit, easement vacation, waters supply assessment
EIR.
LightSource Renewables, LLC/Tenaska Inc.: Solar Energy Center South
West Imperial Valley : - Development of two photovoltaic solar farms on approximately 2,000 acres in Imperial Valley, California. L
use matters
entitlements include preparation of EIR/EIS, farml
conversion,
wetl
s
endangered species, including burrowing owl
flat-tailed lizard.
MNA Consulting: Otay Mesa Community Plan Update : - A coalition of seven developers working with the City of San Diego to update the Otay Mesa Community Plan
to coordinate the entitlement process for approximately 8,000 residential units. L
use matters
entitlements include preparation of a program EIR, collocation/conversion of industrial l
to residential use, resolution of potential impacts of diesel particulate matter due to sensitive receptors near freeways with California Air Resources Board,
implementation of financing mechanisms for construction of public infrastructure, including CFD, facilities benefit assessment (FBA),
infrastructure financing district (IFD).
Otay-TJ Venture, LLC: U.S. - Mexico Cross Border Terminal - : Assisting Otay-TJ Venture, LLC, an affiliate of Chicago -based Sam Zell's Equity Group Investments in their efforts to develop the next l
port to facilitate cross border transportation between the United States
Mexico in the Otay Mesa area of the City of S an Diego. The approximately 56 acre-site would provide both the cross border terminal facilities
office
commercial uses to serve this future commerce hub. The project has secured a Presidential Permit from the Department of State
efforts have now turned to securing the necessary CEQA approvals, development permits from the City of San Diego
the resource permits from various state
federal agencies.
Pacific Hospitality Group: Warner Springs Ranch Resort: - Redeveloping existing resort, village commercial, private airport
golf course
the addition of 700 dwelling units on the 2,885 acre site in the County of San Diego. L
use matters
entitlements include specific
general plan amendment, tentative map, rezone, major use permit, formation of a mitigation bank
EIR.
Pardee Homes: California Terraces : - 665-acre project with 1,200 single-family
3,000 multi-family dwelling units, a 20-acre commercial site, 2 parks,
elementary
middle schools, located in San Diego (Otay Mesa), California. L
use matters
entitlements include EIR, ACOE 404 Permit, USFWS Section 7 consultation, precise plan, CDF&G 1602 Streambed Alteration Agreement, school mitigation agreement, reimbursement agreements for construction of public infrastructure, formation of CFD, implementation of 45-acre vernal pool preserve, preparation of avigation easements,
compliance with affordable housing requirements.
Castlerock : - 117-acre site, approximately 500 single-family
multi-family dwelling units, located in San Diego (East Elliott), California. L
use matters
entitlements include EIR, ACOE 404 Permit, USFWS Section 7 consultation, tentative map, MHPA boundary adjustment, annexation agreement, compliance with Local Agency Formation Commission (LAFCO) regulations,
acquisition of open space.
Dennery Ranch : - 245-acre project with approximately 464 single-family
1,039 multi-family dwelling units, a neighborhood park
an elementary school, located in San Diego (Otay Mesa), California. L
use matters
entitlement include EIR, ACOE 404 Permit, USFWS Section 7 consultation, precise plan, CDF&G 1602 Streambed Alteration Agreement, school mitigation agreement, reimbursement agreements for construction of public infrastructure,
compliance with affordable housing requirements.
South Otay Mesa : - Proposed low- to medium-density residential
mixed-use commercial master-planned community with approximately 1,500 to 1,800 dwelling units on a total of approximately 330 acres. L
use matters
entitlements include EIR, specific plan, community plan amendment
tentative map.
Sunset Pointe/Crescent Heights : -Crescent Heights: 185-acre site, 128 single-family dwelling units
144 multi-family dwelling units. Sunset Pointe: 40-acre site, 36 single-family dwelling units. L
use matters
entitlements include EIR, tentative map, amendment of local coastal program, coastal development permit,
preparation of irrevocable offers of dedication for open space.
Rancho Cielo Development: Representing
Rancho Cielo Estates, LTD: with the development of a residential project near Del Dios Highway in the County of San Diego. The proposed project is a low- to medium-density residential master-planned community with a village center. Representation includes counseling Rancho Cielo Estates on compliance with the County Code, Subdivision Map Act
CEQA in the client's efforts to obtain an EIR Addendum, tentative map, specific plan amendment, zoning amendment,
other County approvals.
The Salk Institute: Master Plan Update/Expansion : - 26.3-acre site is located in San Diego, California. L
use matters
entitlements include implementation of the Salk Institute Master Plan to exp
scientific research facilities. The Salk Institute expansion plan, originally designed by renowned architect Lewis Kahn with input from Jonas Salk, requires approval of a coastal development permit, site development permit, EIR, amendment to existing conditional use permit, historical preservation issues,
MHPA boundary adjustment.
Sea Breeze Properties, LLC.: University Village Specific Plan - : San Marcos City Council unanimously approved a 194-acre specific plan project called University District for Sea Breeze Properties. After five years of planning
review, the project converted the blighted area into a state-of-the-art, high profile, transit-oriented development proposing 2,600 mixed-use residential units, 800 student housing units to serve adjacent California State University San Marcos, 450 room hotel, 638,000 SF general office, 300,000 SF medical office, 1,000,000 SF mixed use retail/commercial, 30,000 SF community/civic,
over 40 acres of parks
open space. Despite its design as a livable, pedestrian-friendly, smart growth, mixed use project along the rail transit Sprinter line in San Marcos that will allow residents
students to live, work, shop
play without excessive automobile use, the project drew the ire of a neighboring property owner
Caltrans. Sheppard Mullin provided the legal analysis to overcome government takings allegations along with CEQA-related water supply, traffic,
easement vacation objections. Sheppard Mullin also counseled the City of San Marcos
the client on how to analyze global warming impacts
to streamline future review of phases of the project. The project represents another example of Sheppard Mullin's experience in entitling the type of smart growth, mixed-use projects that will play an increasingly important role in San Diego County.
Sudberry Properties/Lowe's HIW, Inc.: Gateway Development: - This project involves advising on the entitlement process for converting an ab
oned drive-in theater site in Chula Vista/National City into a commercial retail shopping center that includes a big-box store. L
use matters
entitlements include rezoning the site, processing CEQA documentation, negotiating a tax-sharing agreement between the local governments,
addressing prevailing wage issues associated with the use of redevelopment funds.
Topaz Solar Farm: Performed due diligence on
Topaz Solar Farm:, a 550 megawatt photovoltaic project in San Luis Obispo County. Due diligence included investigation of federal, state
local l
use entitlements, analysis of pending
threatened CEQA/NEPA litigation
assistance in obtaining federal resource permits.
Torrey Pines Bank: Esplanade : - 72-acre project designated for commercial
residential development. L
use
entitlements include due diligence regarding the status of permits
approvals, subdivision map waiver
consistency with proposed community plan.
Twenty-Nine Palms Casino Project: Representing the
Twenty-nine Palms B
of Mission Indians: with the development of a 30,000 square foot casino
related facilities near the City of Twentynine Palms
Joshua Tree National Park in San Bernardino County, CA. The scope of the representation includes counseling the tribe on compliance with the State-Tribe Gaming Compacts, Tribal Environmental Ordinances,
Endangered Species Act in the client's efforts to obtain a Tribal Environmental Assessment, a Tribal Habitat Conservation Plan,
related United States Department Fish
Wildlife approvals.
Viejas Hotel Project: Successfully represented the
Viejas B
of Kumeyaay Indians: in its arbitration against the County of San Diego regarding the tribe's compliance with State-Tribe Gaming Compacts
County-Tribe Compact. The arbitrator found the tribe properly prepared its Tribal Environmental Impact Report for a 128-room, five story hotel to be built adjacent to the tribe's casino. The team provided the legal analysis to overcome the County of San Diego's allegations that the Tribe did not include sufficient mitigation measures in the areas of traffic, fire/life safety
groundwater supply to mitigate the project's off-Reservation impacts.
