Supervisors OK Houses Despite Districts’ Protests : Schools: The board says it can’t reject housing plans, ignoring a ruling that says they could if growth would result in overcrowding.

In a move with major implications for growth in northern Los Angeles County, the Board of Supervisors declared Tuesday that it could not reject proposed housing tracts just because the new homes might overburden schools.

Supervisors explained their reasoning as they approved plans to build more than 800 houses and condominiums in Castaic despite protests from two Santa Clarita Valley school districts. School officials said the projects would funnel hundreds of new students into already crowded classrooms.

At the urging of Supervisor Mike Antonovich, supervisors voted 3 to 1to approve two housing projects: one by Newhall Land and Farming Co. for 191 houses and 300 condominiums west of the Old Ridge Route in Castaic, and one by Castaic/Larwin Associates for 322 houses west of the Golden State Freeway. Supervisor Ed Edelman cast the dissenting vote.

The board’s action was significant not for the number of units involved but because it showed that supervisors, following the advice of their attorneys, are ignoring a controversial court ruling that dealt with the relationship between housing construction and schools.

The state Court of Appeals, in Mira Development Corp. vs. City of San Diego, ruled in 1988 that local governments can reject housing projects that burden school systems.

Last June, County Counsel De Witt W. Clinton advised supervisors to abide by the decision. But in November, Clinton reversed himself. Although the county can consider roads, water and other parts of the infrastructure when studying development proposals, it need not consider schools because state law clearly makes schools a state responsibility, he said.

The Castaic Union School District and William S. Hart Union High School District opposed the projects approved by supervisors on Tuesday. School officials argued that fees the state requires developers to pay for schools are not nearly adequate to cover school construction costs. State law requires builders to contribute $1.56 for every square foot of residential construction.

To win the districts’ favor, Larwin and Newhall Land last month offered to pay $2.34 a square foot--half again as much as required by state law but only enough to cover 45% of the construction cost for new schools, said Alexander Bowie, an attorney representing the two districts.

Bowie said the offer was not high enough and included conditions that could nullify the offer later. For example, the builders would not have to pay the extra fees if the state Legislature passes a law clarifying how much money developers have to pay for new schools.

Bowie asked supervisors Tuesday to delay a vote on the issue for two weeks to allow the districts more time to negotiate with Larwin and Newhall Land. He said 10 other developers in the Santa Clarita Valley have agreed to fees averaging $2.89 per square foot--85% more than required by law and enough to cover 75% of the cost of new schools.

But Gary Cusumano, chief executive officer of Newhall Land, stood by the company’s offer to pay 50% more than the state-mandated fee. “We clearly understand there is a problem with financing schools,” he said. The focus, however, should be on extracting more funds from the Legislature, not developers, he said.

Antonovich had tried to persuade the two sides to reach an agreement for months. But after lengthy debate Tuesday, Antonovich asked his colleagues to approve the Larwin and Newhall Land projects, noting the offer to pay extra fees would benefit the school districts.

Before the vote, Supervisor Pete Schabarum said Hart and Castaic school officials brought some problems upon themselves because they “had their heads in sand” and did not plan adequately for the region’s growth. “My sympathy is not really with them,” he said.

The Santa Clarita City Council is abiding by the Mira ruling and has said it will not approve housing projects unless builders agree to help school districts cope with skyrocketing enrollments. Bowie said the council’s stand on Mira is partly responsible for the 10 agreements with developers that will bring $16 million to Santa Clarita Valley schools--$6 million more than required by the state.