School District Loses Bid to Block Tustin Mini-City

Tustin Unified School District has lost its second court action to halt phase two of the huge Tustin Ranch development, paving the way for a $1-million mini-city in East Tustin.

In an order issued Friday and made public Monday, Superior Court Judge Tully A. Seymour threw out a legal challenge to the development because the district’s lawyer did not file the lawsuit within the required 90 days. Tully said the lawsuit, therefore, “is barred by the statute of limitations.”

In mid-June, the school district filed a lawsuit and with it asked for a temporary restraining order that would have barred the Tustin City Council from approving a final tract map for phase two. That phase includes land between the Santa Ana Freeway and Irvine Boulevard.

The lawsuit alleged that the development, which is designed to include 8,000 housing units, violates the city’s general plan because it does not provide adequate schools for the projected housing.

Irvine Co.’s development covers 1,740 acres and is expected to boost Tustin’s population by more than 60,000 in the next 13 years.

Attack on City’s Plans

The lawsuit attacked the city’s plans to set aside just 34 acres for a high school site, plus six acres to be used jointly by the city and the school district as a community park.

School Supt. Maurice A. Ross has contended that minimum state standards have long called for at least 41.6 acres for a new high school. Ross said that even that amount of acreage is barely adequate today. The district also wanted a 10 acres for an elementary school site, one more than was provided in project plans.

Superior Court Commissioner Eleanor Palk denied the district’s request for a temporary restraining order last month but scheduled a July hearing on the district’s overall challenge to the development.

In the meantime, on June 30, the final tract map was approved and recorded. That step allowed the developer to sell individual lots.

In arguments before the court, the city and Irvine Co. contended that the developer has already spent $2 million on the second phase of the Tustin Ranch development and risked more major costs from added delays. Furthermore, the city contended, the school district had 90 days from the approval of the tentative tract map in December and did not take legal steps until after that time.

District Can Appeal

Judge Seymour agreed in a two-sentence order that becomes final Aug. 10. The school district can appeal the ruling.

School district lawyer Clayton H. Parker refused comment Monday.

Tustin City Atty. James Rourke said city studies have shown that the allotted acreage is “absolutely adequate. I think it would be foolish for the district to appeal.”