In a 4:1 decision, the Fullerton City Council voted last night to reconsider Pacific Coast Homes’ proposal for a residential development in West Coyote Hills. Sharon Quirk-Silva cast the only dissenting vote.
It was only a matter of time before the matter came before the council again after having been voted down last May, after several months of public meetings and many years of contention. That decision temporarily stopped development, but it left open the question of what would happen to the land. Pacific Coast Homes, a subsidiary of Chevron, is unlikely to let it sit idle indefinitely.
Some expected the company to bring a new proposal to the council, which is likely to be more favorably inclined after several members were replaced in last November’s elections. Two of the three members who voted against the plan are no longer on the council.
But instead of starting the whole process over, Pacific Coast Homes (PCH) responded to their defeat by filing a suit against the city then offering to drop it if the council reversed its decision in a new vote.
PCH may bring a new proposal before the city at any time — the 6-month waiting period set in city code has already expired — but that would likely be the beginning of another protracted struggle. Last night’s settlement means that the council will vote on exactly the same plan that they denied last May. If the city introduces any new conditions, the settlement is void, though, according to Jeff Oderman of Rutan and Tucker, the law firm representing the city in the dispute with Pacific Coast Homes, the suit will not be renewed if the council votes in favor of development and then development is stymied by a third party.
“Anybody … that doesn’t agree with a decision that the council has made just sues the city and then they get, like, do-overs?” — Fullerton resident Elaine Mitchell, during public comments
“At any point PCH could bring this back through the regular process,” said council member Sharon Quirk-Silva, “and there’s a reason that they don’t want to bring it back through the regular process — and that’s because then you would have to go out and start the process again. I understand. That’s time, it’s money. It means many, many public engagements, it means re-looking at the EIR (Environmental Impact Report). I understand why they do not want to do that… But a decision was made… If you’ve seen council members up here over the years, you’re gonna know that we get on the soap box for something, and mine has been process, process, process. And that is something that I won’t waver on, it’s something that I believe in… Chevron certainly has the right to bring it forward, but under the threat of litigation is something that I do not support and I will not support this tonight.”
Pacific Coast Homes has spent years in negotiations with the city to build on their depleted oil fields in West Coyote Hills. In 1977 the city adopted the West Coyote Hills Master (Specific) Plan to guide the development of 1000 acres of oil fields in anticipation of Chevron’s decision to stop pumping oil. Since then about 420 acres have been developed. The plan in contention now is for the remaining 580 acres.
To move forward with the plan, the council would have to agree to rezone the land, which is now zoned for oil and gas. Rezoning has been opposed by those who wish to restore and preserve the land as one of the few remaining examples of coastal sage scrub.
In July of 2009, the city launched a series of meetings intended to involve the public in a decision-making process culminating in a vote of the council the following May.
July 8, 2009 – Informational meeting
July 27, 2009 – Parks and Recreation Commission
July 29, 2009 – Energy and Resource Management Committee
August 3, 2009 – Traffic and Circulation Commission
March 10, 2010 – Planning Commission – meeting one
March 18, 2010 – Planning Commission – meeting two
May 11, 2010 – City Council – meeting one
May 25, 2010 – City Council – not-s0-final decision
Pacific Coast Homes’ argument is that they have negotiated in good faith, modifying their plans to meet all objections, and the city council voted in an arbitrary and capricious manner, violating the 1977 agreement. Opponents to the plan insist the 1977 agreement was not binding and that the land is part of a diminishing habitat that should be preserved.
Members of the public expressed opinions on both sides of the argument, eight for the settlement agreement, eleven against.
Organizations for development:
Open Coyote Hills (This appears to be a coalescence of a group that has long advocated for the opening of the Robert E. Ward Nature Preserve. Ward is a former mayor who negotiated successfully for the donation of a portion of Chevron’s land to be set aside as a preserve, but the city has never had the money to open the preserve to the public. Opening the preserve is one of the conditions of the development.)
Pacific Coast Homes (Jim Pugliese, project manager at Pacific Coast Homes, is on the board of directors of the Chamber of Commerce.)
Organizations opposed to development:
Sea and Sage – This is the Orange County chapter of the Audubon Society.
The next vote is tentatively set for May 17.