Legal Battle Over Irvine's Urbanization Ends Page 1 of 1

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Legal battle over Irvine's urbanization ends By JEFF OVERLEY and SEAN EMERY 2009-11-24 18:31:04

A prolonged legal feud over Irvine’s increasing urbanization and its effects on traffic and open space in nearby cities appeared over Tuesday night with the announcement of a multimillion-dollar settlement ending litigation brought by Newport Beach.

Newport Beach and Tustin in recent years have fought housing projects in the so-called Irvine Business Complex near John Wayne Airport, saying the developments are being studied in piecemeal fashion, ignoring overall impacts that thousands of new residents could have on roads and parks.

In 2008, a judge agreed with the challenges, saying Irvine had skirted state law because it "failed to analyze the cumulative impacts of pending and probable future residential projects" in the 2,760-acre area centered along Jamboree Road.

Under the settlement announced Tuesday, Newport will get $3.65 million from Irvine - payable in 20 days - that will be dedicated solely to road improvements on and around Jamboree Road.

"We are keeping the faith with Newport residents who have been impacted by increased densities and development along the Jamboree Corridor," Newport Councilwoman Leslie Daigle said.

Irvine Mayor Sukhee Kang also applauded the deal. "In the end, I believe that by working together we have chartered a course to ensure that all of our interests are met," he said.

Also, the cities agree to "not file further challenges" to projects allowed under their respective general plans, Newport Mayor Ed Selich added. Irvine, in what seemed like possible tit-for-tat, had signaled earlier this year that it might fight planned high-rise projects in Newport.

Also, according to an announcement, "Irvine will support Newport Beach’s efforts to obtain a 30-acre parcel and develop a community park on property currently owned by the University of California, Irvine near the San Diego Creek and Fairchild."

It was not clear if Tustin was nearing a deal of its own. "We are in the middle of negotiations, so I can't talk about the substance," said Tustin Councilman Jerry Amante.

There are about 7,000 condo and apartment units in the IBC, and 15,000 could ultimately be allowed under the city's plans.

An environmental study released by Irvine this year acknowledged that IBC development would have a "significant and unavoidable" impact on nearby roads. To deal with new traffic, the report outlined needed improvements at more than 20 Irvine, Costa Mesa, Newport Beach and Santa Ana intersections.

Irvine's vision of the aging commercial corridor as a vibrant mix of shops and homes has created concerns beyond traffic. IBC companies have filed lawsuits out of fear their industrial operations will be seen as incompatible with residential neighborhoods, driving them out of the area. Settlements in those cases have focused on creating buffer zones between manufacturing plants and homes.

Staff writer Elysse James contributed to this report.

http://www.ocregister.com/common/printer/view.php?db=ocregister&id=221113 7/15/2010