Condo Project Approval Lost After School District Appeals

An appellate court dissolved Santa Ana’s approval of an 81-unit condominium development Tuesday, ruling that the city failed to consider any adverse impact on local schools.

The Garden Grove Unified School District sought to reverse city approval of the project, arguing that it would worsen the overcrowded conditions at nearby schools.

The 4th District Court of Appeal ruled that Santa Ana officials must prepare a full report on classroom impact.

The 4.8-acre project by the Lowy Development Corp. is nearing completion, according to Santa Ana City Atty. Edward J. Cooper.

The district had demanded $100,000 from the city to mitigate the effects of the development.

The district sold the land as surplus to the city in 1976 for $189,000, during a period of declining enrollment. James Aynes, a lawyer for the county Board of Education who is representing Garden Grove in the case, said Santa Ana planned to use the land for a park.

When city officials instead approved a redevelopment plan, the district felt “betrayed,” according to Aynes, and filed the lawsuit. With current overcrowding, Aynes said the district could have used the site for a new school or could have sold it for redevelopment purposes.

In January, new legislation went into effect that allows school districts to impose fees of $1.50 per square foot on developers who build within their boundaries. Aynes said the Legislature recognized the need of schools to be compensated for the added demands on their facilities imposed by new residential construction.

Tuesday’s decision means that Santa Ana must reconsider the claims of the district.