Richard S. Zeilenga and James D. Vaughn are the partners heading up our Firm’s land use and environmental practice. The Firm represents a diverse group of developers and public agencies with respect to entitlement and environmental planning, approvals and related litigation.
Our CEQA and land use practice is unique, in that our attorneys are full-fledged real estate litigation attorneys who approach the planning and entitlement process with litigation prevention — and strong litigation defense — in mind from day one of our involvement. Similarly, when we represent opponents of development, we fully understand how to prepare a record of argument and evidence to effectively challenge a development project in court.
Our equal familiarity with defending and attacking proposed development projects makes our Firm uniquely situated to anticipate the opposition’s likely tactics and strategy, and thus enables our Firm to better represent our clients. The following is a brief summary of our most significant representations and high profile litigation cases:
- In 2011, on behalf of Federated Insurance Company, Mr. Zeilenga and Mr. Vaughn are directing entitlement processing and CEQA compliance for the creation of a new town at Travertine Point, along the northwest shore of the Salton Sea in Riverside and Imperial Counties. Travertine is planned for 16,500 homes (43,000 residents) and 5 million square feet of commercial space, to be developed over 35 years, through 2045. Travertine will be a new model town, planned from inception to dramatically reduce greenhouse gas emissions in accord with State Mandates, AB 32 and SB 375, and is uniquely situated to utilize the vast renewable energy resources currently being developed around the Salton Sea, including geo-thermal, biodiesel (algae) and solar energy.
- For the past decade Mr. Zeilenga and Mr. Vaughn have represented Del Webb California Corp., now Pulte Homes, with respect to CEQA compliance, Development Agreement negotiations, and other land use matters, at development projects throughout Northern and Southern California. This representation has included the successful defense of EIRs for large multi-phase residential projects at Sun City Communities in Palm Desert, Lincoln and Tehama County, California. In 2006, we obtained entitlement approvals, including a Development Agreement, for Pulte/Del Webb’s new 3,700 unit Sun City Project, near Redding, California. Subsequently, we successfully defended those approvals against a CEQA challenge, which had sought several million in additional oak woodland mitigation fees and over $50 million for I-5 freeway widening.
- For the past decade, we have represented D.R. Horton on numerous projects throughout Southern and Northern California, with respect to land use entitlements, Development Agreement negotiations and CEQA compliance, including its 15,000 acre mixed use Gateway Project in Bakersfield, its Minami Specific Plan Project in Guadalupe, California, and its Lyons Canyon Project in Los Angeles County. We have also represented D.R. Horton in various legal challenges to excessive fees and dedications imposed by counties and cities. For example, we concluded a successful statutory fee protest against Los Angeles County, recovering $4.8 million, out of $5 million, in excessive Bridge Fees imposed by the County’s Public Works Department.
- In 2008/2009, we represented Laing-Sequoia LLC in overseeing CEQA compliance and entitlement processing for various California Inland Empire projects, including the successful approval by Riverside County of its 2,800 unit McCanna Hills Specific Plan Project, near Perris, California.
- In 2008, we represented John Laing Homes on projects in Southern California, including the successful defense of the Supplemental EIR for its 2,400 unit Southerly Specific Plan Project, in Lake Elsinore, California.
- In 2008, we obtained approval of the 264 unit Eden Rock Project at PGA West, in La Quinta, California, the last infill development project in that master planned community. This Project also included the successful negotiation of a Development Agreement with the City of La Quinta, that deleted the City’s annual homeowner mitigation fee, imposed upon Tourist/Commercial areas of the City.
- In 2007, we obtained entitlement approvals for a controversial expansion of the historic La Quinta Resort in La Quinta, California, and successfully defended those approvals at trial against a CEQA challenge by project opponents.
- In 2007, we assisted Stamko Development in obtaining entitlement approvals for a new super-sized JC Penney store in La Quinta, California, at Stamko’s large commercial Specific Plan area in the City. Previously, we successfully represented Stamko Development Company in obtaining approval of the first 225,000 square foot Wal Mart Supercenter store in California. Although new Wal Mart stores are frequently challenged by unions on CEQA grounds, in this case, an innovative CEQA compliance strategy prevented union opposition from causing any delay of Wal Mart’s new Supercenter in La Quinta, California.
- Mr. Zeilenga successfully obtained entitlement approvals for a controversial Embassy Suites Hotel Project in La Quinta, California, that had previously been the subject of lengthy delays caused by a CEQA lawsuit. After substituting in as new legal counsel, the firm obtained the Hotel’s approvals within 60 days of application, and without further CEQA challenge.
- We successfully represented the City of La Quinta in several litigation matters between La Quinta, Riverside County and the neighboring City of Indio, principally involving the defense of La Quinta’s EIR for a large auto mall/shopping center project on Highway 111. As part of this dispute, the firm filed an action against Riverside County challenging the County’s competing Desert Cities auto mall project. The firm successfully obtained a preliminary injunction against the County’s auto mall project, and blocked any injunctive relief against La Quinta’s auto mall project, and as a result, obtained a prompt and very favorable settlement for the City of La Quinta.
- During the 1990s, Mr. Zeilenga represented Ryland/Brock Homes in challenging the City of Corona’s imposition of excessive sewer impact fees. As a result of the administrative protest filed by Mr. Zeilenga, and the threat of imminent litigation, the City agreed to refund several hundred thousand dollars in excessive sewer impact fees.
- Mr. Zeilenga conducted litigation during 1995 challenging the validity of Measure V, a growth control initiative adopted by the voters of the City of Rancho Mirage. Measure V barred any City Council action to permit further development in the City’s “mountainous lands” without holding a referendum election, and obtaining approval by two-thirds of those voting in the election. The California Court of Appeal sustained our challenge to Measure V, finding that Measure V violated our client’s Development Agreement with the City.
- During the early 1990′s, Mr. Zeilenga successfully defended the City of Palm Desert’s entitlement approvals for a controversial 400 acre golf course/estate home project (now part of the Bighorn Country Club), adjacent to a breeding facility for the Peninsular Bighorn sheep. This representation included the successful defense of Palm Desert’s General Plan, applicable zoning, and EIR against challenges by Riverside County, California Fish and Game and the U.S. Fish and Wildlife Service.
- During the early 1990′s, Mr. Zeilenga successfully represented the J.W. Marriott Hotel, Century City, California, in its efforts to avoid the adverse impacts of the Twentieth Century Fox Studio Expansion Project. With the specter of potential litigation challenging its EIR, Fox agreed to substantially revise its development plans adjacent to the Hotel, thereby eliminating aesthetic impacts on the Hotel.
- During the late 1980′s, Mr. Zeilenga successfully represented the Friends of Indian Wells in litigation challenging the City of Indian Wells’ new entitlement approvals and EIR for the Sunrise Company’s proposed Sunterra Project. The Sunterra Project was planned as a one billion dollar facility, with five hotels, a convention center, two golf courses and a manmade 80-acre lake. Sunrise agreed to a favorable settlement, that barred development of the Sunterra Project, and restricted all future development to low density residential.