David Tames a Land Goliath

A lanky freshman from USC, upset that his Orange County hometown could be ruined by a massive new housing project, took on one of the nation’s largest developers--and walked away with a major environmental victory.

The Irvine Co. and the city of Orange have settled a lawsuit with 19-year-old Christopher Koontz over a 1,746-home development in East Orange.

Koontz will drop the lawsuit in exchange for a number of concessions by the Goliath developer, including enhanced wildlife protections, improved runoff management plans and consultation with American Indians about artifacts that may be found on the 494-acre housing project.

“It was hard, but it’s a good settlement and I’m happy with it,” Koontz said.

The city of Orange approved the Irvine Co.’s Santiago Hills II development in October after hours of public hearings in which hordes of concerned residents, including Koontz, testified against the project.

The triangular tract is roughly bordered by Jamboree Road, Irvine Regional Park and the Eastern tollway. The project is the first piece of a massive proposal to build more than 12,000 homes at the base of the Santa Ana Mountains.

Fearing that the foothill community where he grew up was going to be lost to bulldozers, Koontz filed the lawsuit in the fall.

While juggling classes and a part-time job, the urban planning major cobbled together the legal action after reading thousands of pages of case law on the Internet, in the USC law library and in books he purchased.

Koontz’s lawsuit alleged that the city’s approval violated state law because the environmental impact report failed to adequately address issues such as runoff and wildlife protection.

At the time, the company brushed aside Koontz’s claims. A company spokesman said in a written statement, “If this proceeds to trial, the Irvine Co. is confident the courts will conclude that the [environmental document] meets all the requirements of the law.”

But after months of negotiations, Koontz and the developer announced terms of a settlement agreement Friday.

“We’re pleased that we were able to come up with a settlement that’s agreeable to everyone and that actually enhances the environmental aspects of the project,” Irvine Co. spokesman Rich Elbaum said Friday.

The company agreed to:

* Enhance runoff management plans, including reducing the amount of sediment that enters Lower Peters Canyon Reservoir; detaining storm water runoff to remove pollutants; and giving new homeowners detailed landscape guidelines.

* Add trails to the tract.

* Allow Koontz to observe surveys for imperiled bird species.

* Consult with the Juaneno Band of Mission Indians regarding artifacts in the project area.

* Enhance open space connections by putting culverts under roads that cut through open land so creatures can crawl through.

* Control invasive plants and plant native species near Santiago Canyon Road to ensure that exotic plants don’t threaten Irvine Regional Park.

* Assess the need for a sports park.

* Pay nearly $10,000 in attorney fees to the lawyer who represented Koontz during settlement negotiations.

As Koontz puts the lawsuit behind him, he is getting ready to celebrate his 20th birthday Sunday, and the end of the school year Tuesday. He said he learned a great deal from the experience--mostly that he has no desire to be a lawyer.