City Will Test Legality of Bid to Bar Homes

The City Council voted Tuesday to sue a residents’ group that has petitioned to overturn plans for a 2,885-home community.

The council voted unanimously to seek a judge’s ruling on the legality of the petition. A similar petition in the city of Norco in 1984 to overturn a residential development was ruled invalid by the courts, City Atty. John L. Fellows III said.

The council took up the matter after receiving a petition last month with 7,637 signatures calling for the council to rescind its approval of the Northwood 5 development or put the question before voters.

City Clerk Nancy C. Lacey certified Tuesday that enough of the petition’s signatures are valid to require city action. The signatures were collected by community activists opposed to the Irvine Co. project, saying it would increase traffic and pollution and destroy acres of orange groves.

If the petition is deemed valid, the City Council under state law must put the matter before voters or overturn its approval of the development.

If the council calls an election, it will be the second within a year to decide the fate of a major Irvine Co. residential development. Voters narrowly reaffirmed the company’s 3,850-home Westpark II project Nov. 5 after residents circulated a petition against that project.

Regardless of the city action on the Northwood 5 petition, the Irvine Co. has said it might ask the county to approve the Northwood project. The Northwood 5 area is just outside of the current city limits in unincorporated county territory.