Newport, Tustin win legal challenge to Irvine housing projects
By JEFF OVERLEY
THE ORANGE COUNTY REGISTER
Irvine officials took a shortcut around state environmental law in their approval of large-scale housing projects, a judge has ruled in response to lawsuits from the cities of Newport Beach and Tustin.
The court challenges addressed residential developments in the Irvine Business Complex, a fast-urbanizing industrial area near John Wayne Airport.
Litigation centered on the scope of review required for housing in the 2,760-acre area. Irvine has agreed to do a comprehensive review of all projects planned for the area, but has refused to stop approving projects as the lengthy process plays out, opting for piecemeal studies of individual projects.
Newport and Tustin called that approach a recipe for disaster, saying that without an up-front review, the influx of residents attracted to roughly 13,000 existing or planned housing units could overwhelm streets and parks.
Judge Stephen J. Sundvold agreed in a ruling made public Friday, saying Irvine's more-recent studies were insufficient and violated the California Environmental Quality Act on more than a dozen fronts.
Irvine, he wrote, "failed to analyze the cumulative impacts of pending and probable future residential projects."
While several dozen developments are planned for the area, the lawsuits filed last April targeted only two of them – the 82-condo Martin Street project and a roughly 170-condo project at 2851 Alton Parkway.
The verdict will likely have a broader effect, though, requiring the city "to complete the comprehensive review that is under way before advancing projects," Irvine Mayor Beth Krom said.
"We have never departed from Irvine's high standards when we planned this," Krom said. "We will review the judge's action and determine what action we take in response to this."
In a written statement, Tustin Mayor Jerry Amante alluded to the traffic congestion and overwhelmed parkland that the cities feared could result from improperly planned housing projects in Irvine.
"The Tustin City Council is a strong proponent for local control and quality of life," Amante said. "The members of the City Council respect Irvine's choices for its city, so long as Irvine complies with the law in making these choices and appropriately mitigates the impacts that may fall on its neighbors, including the residents of Tustin."
Newport Councilwoman Leslie Daigle, who represents the area near the IBC, expressed hope that the ruling would revive talks among the neighboring towns.
"We look forward to working with Irvine to resolve the planning issues that will benefit both communities," Daigle said in a written statement.
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