Rafael F. Muilenburg

Rafael Muilenburg is a partner in the Real Estate, Land Use and Environmental Practice Groups in the firm's Del Mar Heights office.

Areas of Practice

Mr. Muilenburg's primary practice involves advising and representing residential, industrial and commercial developers through all phases of the land use regulatory process. His land use and environmental experience includes preparation of CEQA documentation, permitting and environmental compliance, redevelopment, real estate due diligence, negotiating and drafting development agreements, processing land use entitlements, and negotiations with governmental agencies at the federal, state and local levels.

An active member of the firm's Global Climate Change Industry Team, Mr. Muilenburg is very familiar with state and local laws and initiatives relating to climate change, control of greenhouse gas (GHG) and related sustainability matters.  Part of Mr. Muilenburg's practice involves promoting approval of projects with "green development" characteristics through local governments and other agencies.

Mr. Muilenburg is experienced with condominium conversions and structuring and preparation of reciprocal easement agreements and CC&Rs for residential, commercial and mixed use projects, along with negotiation and resolution of condominium-related issues with the California Department of Real Estate and local governments. 

Mr. Muilenburg is also a member of the firm's Hispanic/Latino Business Practice Group. He is fluent in Spanish and has worked extensively with Latin American transactions and clients, particularly those involving Hispanic real estate developers and cross-border transactions, including both inbound investment by Latin American investors in U.S. real estate and U.S. investment in real estate in Mexico and elsewhere in Latin America.  Mr. Muilenburg has combined his knowledge in this area with his land use experience to focus on development of large projects in Mexico, including due diligence, acquisitions / financing, and coordination of entitlement efforts through Mexican local counsel.

Mr. Muilenburg also has significant experience with a wide variety of real estate, corporate and finance transactions, including complex purchase and sale agreements, domestic and international stock and asset acquisitions, structuring and documentation of inbound and outbound investments for international clients, project financing for power plants and other large-scale facilities (with related loan structuring and implementation), and transactions involving the acquisition and operation of a broad range of energy, telecommunications and other infrastructure.

Mr. Muilenburg has worked extensively with land use planners, civil and traffic engineers, environmental and political consultants, and all levels of government agencies, as well as with lenders, brokers, environmental organizations and community groups.  He has established a strong network of resources and business relationships through his work with these individuals and organizations.

Languages

• Spanish (fluent)
• Russian (proficient; formerly fluent)
• German (conversant)

Education

• J.D., Harvard University, 1997, cum laude; Chair of Harvard Environmental Law Society
• B.A., Dartmouth College, 1993, cum laude

Some major recent land use and environmental matters include:

Otay Coalition – represented seven different developers working with City of San Diego to process Otay Mesa Community Plan Update and numerous related entitlements; extensive work under California Environmental Quality Act (CEQA) in structuring environmental impact report (EIR) and related documents; resolution of issues involving collocation/conversion of industrial land to residential; property acquisition and due diligence; resolution of air quality issues.

Signature Point – Condominium conversion entitlements and related matters for 261-unit project in northern San Diego; obtaining tentative map and resolution of related CEQA and City process issues; obtaining lender consent and resolution of related issues with San Diego Housing Commission.

Pardee Homes/Castlerock, Crescent Heights, Ocean View Hills projects – coordinating land use entitlements and environmental permits with City of San Diego and other agencies; negotiating compliance issues under Multiple Species Conservation Program (MSCP); agreements with adjoining land owners and other parties.

Salk Institute – Master Plan Update and major facility expansion for nonprofit research institution; resolution of CEQA issues involved in EIR preparation, as well as development permit issuance and historical-preservation issues.

Otay Business Park – Development of 160-acre industrial / office park in County of San Diego; resolution of issues involving the County's Resource Protection Ordinance and Biological Mitigation Ordinance and related entitlement matters.

Brookfield Homes/University Commons – processing permits and entitlements with the City and Redevelopment Agency of San Marcos; negotiating and drafting EIR and related CEQA documents; coordinating and negotiating conservation easements and management agreements for mitigation property.

LandGrant Development/Las Americas – negotiation and preparation of DDA and numerous related agreements with San Diego Redevelopment Agency for large shopping center project on international border; structuring and preparation of multi-phase CC&Rs and reciprocal easement documentation.

Due diligence investigations and negotiation of project agreements for various ongoing downtown redevelopment projects.

Resolution of wetlands and subdivision issues with various governmental agencies' for greenfield projects.

Some representative transactions include:

Sempra Energy, $863 million acquisition of interests in Chilquinta Energia and Luz del Sur (electricity distribution companies in Chile and Peru) and financing, with subsequent issuance of 144A bonds.  Restructuring of holding company structures.

Acquisition of large properties in Baja California and related agreements for structuring U.S. client investments into Mexican partnerships to acquire land. 

Purchase and sale of apartment projects and condominium complexes and resolution of related issues. 

Negotiation, development and preparation of an energy services agreement and related documents for construction of a captive power plant as an alternative source of energy for a bottling plant.

Memberships

• San Diego Building Industry Association (BIA); Board Member, BIA Public Policy Council; Chair, BIA North County Legislative Committee (takes action on legislative issues relating to jurisdictions in North San Diego County).
• Urban Land Institute (ULI) San Diego/Tijuana; active member of ULI Cross-Border Committee and Sustainability Committee.
• San Diego and Otay Mesa Chambers of Commerce
• American Bar Association
• California State Bar
• San Diego County Bar Association

Articles

• No Good Deed Goes Unpunished: Obstacles and Ironies in Dedicating Conservation Land in California, California Land Use Law Reporter, December 1, 2005.

• Conversion and Collocation: Viable Tools for Increasing Housing Supply, San Diego Daily Transcript, March 22, 2005.

• "Public Green, Private Gold: Opportunities From Climate Change Regulation in the U.S. and Mexico," By Rafael Muilenburg, Sheppard Mullin, and Gloria Park and Estuardo Anaya, Santamarina y Steta, "Enfoque Latino" newsletter, Sheppard Mullin Richter & Hampton LLP, Fall 2007.

• "Foreign Land Sales in the United States," by Rafael Muilenburg and Elena C. Acevedo, "Enfoque Latino" newsletter, Sheppard Mullin Richter & Hampton LLP, Fall 2006.

• "Department of Commerce Requires Filings for Certain Foreign Investments in Real Estate," by Rafael Muilenburg and Jerry Gumpel, "Enfoque Latino" newsletter, Sheppard Mullin Richter & Hampton LLP, Winter 2005.

• "Hispanic Developers Find Opportunities to Serve Hispanic Housing Market," by Jerry Gumpel and Rafael Muilenburg, "Enfoque Latino" newsletter, Sheppard Mullin Richter & Hampton LLP, Summer 2005.

Speeches

• Panelist on "Cross-Border Real Estate Issues" presentation, U.S.-Mexico Bar Association annual conference, Monterrey, Mexico, October 2006.