147 Brookfield Condos Approved in Split Vote

Brookfield Residential won tentative clearance to build a 147-unit condo development in Foothill Ranch, despite vehement opposition by a Lake Forest Council minority.

"This really takes on the character of a mixed use village," said Dave Bartlett, VP of Brookfield Residential to the City Council. "We're delivering what we believe -- and staff believes -- is a superior project. The city is going to win economically, the future residents are going to win and the stakeholders are going to win."

The two council members who voted against the 9-acre project near the corner of Portola and Bake parkways cited a number of objections. Councilman Peter Herzog said the city had already approved 4,200 new homes in the surrounding area, which will bring in an estimated 12,000 new residents.

He criticized tandem parking arrangements -- two-car garages that require one car to behind the other -- saying people wouldn't use them. He also said parking and economic studies hadn't been completed.

Herzog also accused Brookfield of spending thousands on negative mailers in the 2012 election to help stack the City Council in favor of developers.

Two women handed out flyers outside City Hall at the start of the Tuesday meeting, attacking Herzog for a 2012 DUI arrest, among other issues. It was unclear who paid for the glossy flyers. No organization's name was printed on them and the women handing them out wouldn't say who hired them or if they volunteered.

Council Majority Says Brookfield is a Boon

Condo supporters -- council members Adam Nick, Dwight Robinson and Mayor Scott Voigts -- stressed the economic benefit to nearby businesses and the construction jobs the project would bring to town.

Nick said the land valuation would rise from its current $5.6 million to $69 million, bringing in more property taxes and generating sales taxes from the more than 400 residents the new units would draw.

He also pointed to more than $5 million in developer fees to pay for parks and other city facilities.

The development would include an 8,500-square-foot recreation center with a pool for residents' use. The development would also include a 0.7-acre public park on the corner.

Also in the plans are 357 parking spaces, including garages, covered spaces and guest parking. City staffers said the number of spaces was more than city codes require.

Business groups including the Orange County Business Council, the Orange County Chapter of the Building Industry Association, the South Orange County Economic Coalition and others spoke in support of the measure.

Some Foothill Ranch residents worried about traffic and parking issues, and other thought the vacant site -- which had been zoned for auto dealerships -- should continue as a commercial spot.

Procedural Concerns

Herzog and Councilwoman Kathryn McCullough argued the project vote didn't follow proper procedure. Typically, projects go before the Planning Commission. If rejected, the builder must file an appeal to the City Council.

The Brookfield development was shot down by the Planning Commission in June, but no appeal was filed. Nevertheless, the project came to the City Council.

City Attorney Scott C. Smith said the maneuver conformed with city laws because the permits and project maps were accompanied by zoning and general plan changes that required council action. Further, Smith said, there was a provision in Tuesday's measure allowing the council to approve the whole package at once.

Herzog criticized that provision, saying it effectively changed city rules retroactively.

McCullough agreed. Although she said she supported the condo project, she warned that removing the Planning Commission from the process creates a precedent that could expose the city to future legal problems.

"You're going to remove a process that's been in effect for 20 some years," McCullough said.

The package of measures approving the condo project won't officially take effect until a final vote in 30 days.

All photos by Adam Townsend