John E. Ponder

John E. Ponder is a partner in the Real Estate, Land Use and Environmental Practice Group in the firm's San Diego office.

Area of Practice

Mr. Ponder specializes in the representation of clients involved in real estate development. His practice focuses on advising and representing major residential, industrial and commercial developers through all phases of the land use regulatory process and environmental compliance. His land use experience includes real estate due diligence investigations, negotiating and drafting development agreements, processing land use entitlements, and appearing before governmental agencies and commissions. He has represented some of the largest real estate developers in San Diego County over the past 20 years, including Pardee Homes, McMillin Land Development, Brookfield Homes, DR Horton, Centex Homes, KB Homes, Integral Properties, and Sudberry Properties.

Real Estate Development

Real estate development has grown increasingly complex and controversial requiring knowledge of applicable federal, state and local laws, as well as the ability to work with a wide range of diverse interests including governmental agency staff, elected officials, landowners, environmental organizations and citizen groups.  Mr. Ponder's ability to work with such diverse interests to develop creative, practical and economical solutions is demonstrated by his involvement in the successful approval and permitting of thousands of residential units during the past several years.  Most of these residential units were master planned projects in the communities of Sabre Springs, Mira Mesa, Carmel Valley, and Otay Mesa in the City of San Diego.  Current projects include redevelopment, infill and mixed use developments in northern, southern, and eastern San Diego County, as well as an additional 3,500+ residential units in the Otay Mesa and Mira Mesa Community Planning Areas in the City of San Diego.

Environmental Compliance

Mr. Ponder has assisted clients in obtaining permits and approvals from various federal agencies including the U.S. Army Corps of Engineers (ACOE) and U.S. Fish and Wildlife Service (USFWS).  He has successfully guided clients through the maze of state and local environmental clearances necessary for development including the requirements of the California Environmental Quality Act (CEQA), California Fish and Game (CDF&G) 1602 Streambed Alteration Agreement, and the City of San Diego Multiple Species Conservation Program (MSCP).  His working knowledge of environmental constraints and the development process proves invaluable when investigating the potential purchase of real estate and the subsequent preparation of acquisition documents.

Litigation

An experienced litigator, Mr. Ponder has handled actions involving development disputes, condemnation, environmental compliance, real estate transactions, and construction defect.  He has managed complex civil litigation for several residential developers and defended challenges to development approvals.

Professional Qualifications and Activities

Mr. Ponder's practice includes strong ties to the local, state and national Building Industry Associations.  The Building Industry Association of San Diego County (BIASD) is the largest independent chapter of the California Building Association (CBIA).  BIASD works closely with CBIA and the National Association of Home Builders (NAHB) on issues related to housing, environmental reform, streamlining permit processing, reducing building fees and construction dispute resolution.  The existing relationship with these associations provides continued involvement in the latest issues which impact the development industry.

Mr. Ponder has been active in a variety of civic committee meetings regarding natural resources, employment and real estate development.  He has participated in the preparation and implementation of local legislation regarding the Multiple Species Conservation Plan, revisions to the Environmentally Sensitive Lands Regulations to allow impacts to wetlands, updates to the City of San Diego Zoning Code and the Equal Employment Opportunity Ordinance.  Mr. Ponder worked with the San Diego Association of Governments (SANDAG) Employment Lands Inventory Committee to examine issues surrounding the supply and demand of land that will be available for development of office, industrial and research and development facilities.  He also worked with SANDAG's Quality of Life Stakeholder Working Group, which provides input on Quality of Life Funding Strategy.  Mr. Ponder has been appointed by the San Diego County Regional Airport Authority to the Airport Land Use Compatibility Plan Technical Advisory Group (ATAG).  The goal of the ATAG is to enable interested parties to express their concerns regarding the preparation of Airport Land Use Compatibility Plans being prepared for San Diego County airports.

Mr. Ponder is a registered lobbyist with the City of San Diego and the San Diego County Regional Airport Authority.

Education

• J.D., California Western School of Law, 1980
• B.A., San Diego State University, 1976

Representative Clients and Projects

Aspen Growth Properties, Inc.

La Costa Town Square – 80-acre mixed-use center in Carlsbad, California, consisting of retail, warehouse, office, affordable apartments and condominiums.  Land use matters and entitlements include environmental impact report (EIR), General Plan Amendment, Master Tentative Map, conditional use permit and Hillside Development Permit.

Brookfield Homes

Sears 101 Ranch – 5,968 single-family dwelling units, 1,082 multi-family dwelling units, four schools, extensive park system, and 14.6-acre multi-use site for commercial retail office located on a 1,800-acre site in Imperial County, California.  Land use matters and 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, and 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, and a 2.1-acre commercial site located in San Marcos, California.  Land use matters and 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 and legal challenge to a referendum, and processing of permits through the Redevelopment Agency.

Catholic Diocese of San Diego

St. Jerome's Parish – 17.6-acre site for proposed church, private school and associated facilities in San Diego, California.  Land use matters and entitlements include preservation and 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, and conditional use permit.

Centex Homes

Spring Canyon Ranch – Proposed very low- to medium-density residential and mixed-use commercial master-planned community with approximately 1,200 to 1,500 dwelling units on a total of approximately 180 acres in San Diego (Otay Mesa), California.

Citigroup Global Markets Realty Corp.

St. Regis Monarch Beach Resort and Spa - 400-room, five-star resort located in Dana Point, California.  Land use matters and entitlements include due diligence in connection with foreclosure, including evaluation of maintenance agreements and easements, status of development permits and approvals issued by the City of Dana Point and the California Coastal Commission and compliance with resource permits. 

The Corky McMillin Companies

Clovis Northeast Urban Center – 1,000-acre site in County of Fresno, California.  Land use matters and entitlements include proposed master planned community, negotiation and preparation of agreement between developers to fund and prepare technical studies for EIR, General Plan Amendment, annexation, resource permits, and 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. Land use matters and entitlements include EIR, tentative map, general plan and 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, and multiple habitat planning area (MHPA) boundary adjustment.

Miller/Barioni – 100-acre mixed-use project located in Imperial County (Brawley), California.  Land use matters and entitlements include negotiation and preparation of agreement between developers to fund and prepare technical studies for EIR, Service Area Plan, Sphere of Influence amendment, general and specific plan amendments, compliance with tentative map conditions, and preparation of reimbursement agreement for construction of water facilities.

Robinhood Ridge – 204-acre project with 520 single-family dwelling units and 178 multi-family dwelling units, located in San Diego (Otay Mesa), California.  Land use matters and entitlements include defense of stop work order and compliance with federal court decision enjoining impacts to vernal pools.

D.R. Horton

Camino Ruiz Signal – Land use and entitlements include negotiation and preparation of cost-sharing agreement for the construction of a traffic signal, compliance with tentative map and site development permit conditions, and obtaining credit for payment of facility benefit fees.

Candlelight Villas – Proposed medium-density attached residential and retail commercial/mixed-use project on 50.7 total acres, located in San Diego (Otay Mesa), California. Land use matters and entitlements include community plan amendments, satisfying vernal pool mitigation requirements, reviewing CEQA documentation, and negotiating sewer improvements with the City of San Diego.

Carmel Valley Trunk Sewer – Land use and entitlements include negotiation and preparation of participation agreement for the design and construction of a trunk sewer, mitigated negative declaration, coastal development permit, condemnation for right-of-way, advice regarding prevailing wage and compliance with equal opportunity employment program, and defense of litigation regarding alleged trespass and nuisance arising from the discharge of groundwater.

Hidden Trails – 207.7-acre site, 205 single-family dwelling units, 180 multi-family dwelling units, and neighborhood park located in San Diego (Otay Mesa), California. Land use and entitlements include tentative map, EIR, and compliance with resource permits.

Integral Partners

Esplanade – Proposed mixed-use project with up to 1,530 attached residential dwelling units and small commercial elements on a total of approximately 72 acres in San Diego (Otay Mesa), California. Land use matters and entitlements include EIR, tentative map, negotiation with Caltrans for freeway right-of-way, and community plan amendment converting use from commercial to residential.

Grand Caribe/Coronado Cays – 5.4-acre site for proposed development of 180 luxury hotel suites and related resort amenities, including dining facilities, shops and marina, located in Coronado, California. Land use matters and entitlements include amendment to Port District lease, coastal development permit, compliance with CEQA, and permitting condo-hotel units within tideland properties that are restricted by the Doctrine of Public Trust and 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.  Land use  matters and entitlements include negotiation and preparation of purchase and sale agreement, due diligence investigation for condo conversion project, compliance with Department of Real Estate disclosures and Subdivision Map Act, and preparation of reciprocal easements and cost-sharing agreement.

JJB Land Company, L.P.

Mission Gorge Quarry – This site consists of approximately 420 acres on which JJB Land Company and its affiliate Superior Ready Mix are engaged in mineral extraction in the Mission Gorge area of San Diego.  Land use  matters and entitlements include EIR, tentative map, habitat management plan, Disposition and Development Agreement, school mitigation agreement, review of wetlands delineations, negotiation of reimbursement agreements, advising on strategies for obtaining the highest and best future use of the site in the context of the existing reclamation plan, and conditional use permit.

KB Home

The Crest/Shady Grove – Single-family residential development in San Diego County, California. Land use matters and entitlements include encroachment permit, slope easement, right-of-entry permit, and 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. Land use matters and entitlements include Site Development Permit, negotiation and preparation of affordable housing agreement, and 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, and main building designated a California Historical Landmark.  Land use matters and entitlements include Master Plan, Coastal Development Permit, Amendment to Development Agreement, Addendum to EIR, and tentative map for condo-hotel.

LightSource Renewables, LLC/Tenaska Inc.

Solar Energy Center South and West Imperial Valley - Development of two photovoltaic solar farms on approximately 2,000 acres in Imperial Valley, California. Land use matters and entitlements include preparation of EIR/EIS, farmland conversion, and wetlands and endangered species, including burrowing owl and 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 and to coordinate the entitlement process for approximately 8,000 residential units.  Land use matters and entitlements include preparation of a program EIR, collocation/conversion of industrial land to residential use, resolution of potential impacts of diesel particulate matter due to sensitive receptors near freeways with California Air Resources Board, and implementation of financing mechanisms for construction of public infrastructure, including CFD, facilities benefit assessment (FBA), and infrastructure financing district (IFD).

Pardee Homes

California Terraces – 665-acre project with 1,200 single-family and 3,000 multi-family dwelling units, a 20-acre commercial site, 2 parks, and elementary and middle schools, located in San Diego (Otay Mesa), California.  Land use matters and 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, and compliance with affordable housing requirements.

Castlerock – 117-acre site, approximately 500 single-family and multi-family dwelling units, located in San Diego (East Elliott), California. Land use matters and 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, and acquisition of open space.

Dennery Ranch – 245-acre project with approximately 464 single-family and 1,039 multi-family dwelling units, a neighborhood park and an elementary school, located in San Diego (Otay Mesa), California.  Land use matters and 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, and compliance with affordable housing requirements.

South Otay Mesa – Proposed low- to medium-density residential and mixed-use commercial master-planned community with approximately 1,500 to 1,800 dwelling units on a total of approximately 330 acres.  Land use matters and entitlements include EIR, specific plan, community plan amendment and tentative map.

Sunset Pointe/Crescent Heights – Crescent Heights: 185-acre site, 128 single-family dwelling units and 144 multi-family dwelling units.  Sunset Pointe: 40-acre site, 36 single-family dwelling units.  Land use matters and entitlements include EIR, tentative map, amendment of local coastal program, coastal development permit, and preparation of irrevocable offers of dedication for open space.

The Salk Institute

Master Plan Update/Expansion – 26.3-acre site is located in San Diego, California.  Land use matters and entitlements include implementation of the Salk Institute Master Plan to expand 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, and MHPA boundary adjustment.

Sudberry Properties/Lowe's HIW, Inc. 

Gateway Development - This project involves advising on the entitlement process for converting an abandoned drive-in theater site in Chula Vista/National City into a commercial retail shopping center that includes a "big-box" store. Land use matters and entitlements include rezoning the site, processing CEQA documentation, negotiating a tax-sharing agreement between the local governments, and addressing prevailing wage issues associated with the use of redevelopment funds.

Torrey Pines Bank

Esplanade - 72-acre project designated for commercial and residential development. Land use and entitlements include due diligence regarding the status of permits and approvals, subdivision map waiver and consistency with proposed community plan.

Honors

• Martindale-Hubbell Law Directory AV rating. This is the highest rating given to a select group of attorneys who have been recognized by their peers for their legal expertise and professional reputations.

Memberships

• Member, California Bar Association (Land Use and Real Property sections)
• Member, San Diego County Bar Association (Land Use, Environmental Law and Construction sections)
• Member, the California Building Industry Association (Legal Action Committee)
• Member, Building Industry Association of San Diego County (South County Legislative Committee, Urban Council, and City County Legislative Committee)
• Member, San Diego Chapter of Lambda Alpha International, an honorary land economics society
• Member, American Council of Engineering Companies
• Member, Urban Land Institute
• Member, National Glass Association (NGA)
• Member, Americas Glass Association (AGA)
• Member, Move San Diego (Board of Directors)