Builder Settles Student’s Suit Over Project

Irvine Co. and the city of Orange have settled a lawsuit with a 19-year-old USC student over a 1,746-home development in east Orange.

Freshman Christopher Koontz will drop the suit in exchange for a number of concessions by the developer, including enhanced wildlife protections, improved runoff management plans and consultation with Native Americans about artifacts that may be found on the site of the 494-acre housing project.

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

Fearing that the foothill community where he grew up was going to be lost to bulldozers, Koontz filed the lawsuit in the fall, taking on one of the nation’s biggest developers.

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.

As part of the settlement, Irvine Co. agreed to pay nearly $10,000 in legal fees to the attorney who assisted Koontz with negotiations.

“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 city of Orange approved the company’s Santiago Hills II development in October, after hours of public hearings at which crowds of residents, including Koontz, testified against the project.

The triangular tract is roughly bordered by Jamboree Road, Irvine Regional Park and the Eastern Transportation Corridor and is set between two regional parks. The project is the first piece of a massive proposal to put more than 12,000 new homes at the base of the Santa Ana Mountains.

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

The company dismissed 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. 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.

* Allow Koontz to observe surveys for imperiled bird species.

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

* Enhance open space connections by putting large pipes that animals can crawl through under roads that cut through open land.

* 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.

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

(BEGIN TEXT OF INFOBOX / INFOGRAPHIC)

Settlement

The Irvine Co. settled a lawsuit by a USC freshman over a 1,746-home development on 494 acres in east Orange.

The developer agreed to a number of concessions, including trails, enhanced runoff management and improved open space links.