MEINERS OAKS : Court Considers Development Case

A state appeals court heard arguments Wednesday in a test case that may determine the future of housing development in the Ojai Valley.

At the hearing, held in the county supervisors’ boardroom, a three-judge panel weighed arguments in the case that pits a developer’s effort to build homes against the county’s right to limit new housing in areas suffering from traffic congestion.

The county is appealing a Superior Court decision last May ordering county officials to consider the application of the developer, Franciscan-Lowe, to build 50 houses on a 25-acre parcel in Meiners Oaks as would have been permitted under the county’s old general plan.

In May, 1988, the supervisors adopted a new general plan, banning any new subdivisions in the Ojai Valley that would increase traffic congestion on California 33 through Casitas Springs.

John Schuck of Santa Barbara, head of the Franciscan-Lowe project, filed suit later that year. He successfully contended that the project should fall under the old plan because the county was reviewing his subdivision plans in 1987.

But the county argues that Schuck’s application was not deemed complete until after the supervisors had given notice of their intent to limit new subdivisions, said Assistant County Counsel Andrew B. Gustafson.

The court of appeals is not expected to make a decision for at least three weeks, Gustafson said.

As many as 11 other subdivision applications to build 125 more homes in Ojai Valley are awaiting the outcome of Schuck’s lawsuit. “If he wins, they could all be processed under the old plan,” Gustafson said.

But if the county wins, Gustafson said, there is a chance the county could be sued for taking away property rights from a developer.

Meanwhile, the county’s Planning Division is continuing to process Schuck’s application as required by the Superior Court ruling. Earlier this month, county planners released a third version of a draft environmental impact report for the controversial project.

The county’s Environmental Report Review Committee is scheduled to hold a public hearing on the draft report on Aug. 22 at the Hall of Administration.

A citizens group had challenged the last two drafts of the environmental impact report, saying that they did not adequately address the tract’s potential impact on traffic congestion and wildlife in the area. The same group submitted a petition to the supervisors in January with 1,376 signatures of area residents opposed to the project.