IRVINE : Homeowners’ Appeal Can’t Stop Low-Income Complex

About 200 angry homeowners who packed City Council chambers Tuesday night to protest a low-income housing development were told at the beginning of the marathon-length meeting the city could not legally deny the project.

But that did not stop more than four hours of public debate over the proposed apartment complex, which was approved by the Planning Commission in September. Residents of the Westpark community asked council members to overturn approval of the 84-unit apartment complex. Residents say the development, planned on a four-acre lot at Santa Alicia and Santa Clara streets, would unfairly concentrate low-income housing in their neighborhood.

Council members voted 4 to 1 early Wednesday morning to deny the appeal, following the advice of City Atty. Joel D. Kuperberg, who said the city is bound by state law to approve the project.

“The Legislature . . . has stripped the City Council of any meaningful discretion in deciding whether or not the project should go forward,” Kuperberg said.

Kuperberg also warned that developer Bridge Housing Corp. of San Francisco might sue the city for the loss of $10 million in government tax credits if the project was denied or delayed. The developer faces a Nov. 1 deadline to acquire the property from the Irvine Co. in order to qualify for the tax credits. Construction is expected to begin by mid-November.

Bridge Housing Corp. President Don Terner told council members he had no intention of suing the city.

Councilwoman Christina L. Shea cast the only vote against the project and said the city should not be coerced into approving the development. Shea said the developers made it clear that a lawsuit would be filed if the project was not approved.

“That, to me, was a slap in the face,” Shea said. “The residents of this community had a right to an honest hearing.”