West Coyote Hills opponents lose their appeal, but they remain hopeful the land can be preserved

Opponents of a housing community proposed for West Coyote Hills have been dealt another setback by a state court that denied their appeal to overturn Fullerton’s approval of constructing up to 760 homes in the 510 acres of hillsides and former oil fields.

But they are optimistic as state and private funding has given the city money to buy parcels from the developer and chip away at how many homes will be built.

Another $20 million was locked down in the recent state budget, bring the total raised by the city to $26 million.

Those wanting to keep all of West Coyote Hills undeveloped are hoping these donations can create snowball effect that will enable the city to acquire the entire area for open space. The 510 acres were appraised at $150 million in 2016. 

“We made tremendous progress,” said Angela Lindstrom, board president of Friends of Coyote Hills which opposes the development. “This is just the beginning of the fundraising.”

Preservationists for years have fought against housing projects in the area they call the last remaining natural open space in north Orange County.

In 2011, the Fullerton City Council approved the development proposed by Pacific Coast Homes, Chevron’s home building company. Chevron owns the land once used as an oil field.

But in 2012, Fullerton voters struck down a development agreement.

Then, in 2015, the city adopted a plan to divide the development area into neighborhoods, allowing the the city and preservationists to buy parcels for preservation while letting the development project go forward.

But Friends of Coyote Hills sued the city soon after, saying the 2012 referendum should have prevented the project from going forward.

The preservationist group lost its lawsuit in Orange County Superior Court in 2016, with the court saying the referendum didn’t do anything to change the City Council’s approval of the project in 2011.

The appellate court’s decision announced late last week agreed with the superior court’s ruling.

“The elimination of a development agreement does not, by itself, stop a project,” the court said in its ruling. “If you want to stop a project, you have to attack the (environmental impact report), the general plan, the specific plan or the zoning laws that permit that project.”

Bob Hayden, chairman of Open Coyote Hills which has supported the project, praised the ruling. “Judges succinctly and clearly indicated what the referendum means.”

Lindstrom said she was disappointed by the ruling, saying the referendum vote by residents should have been interpreted as the reversal of the previous development approvals.

Her group is deciding whether to appeal the case to the California Supreme Court.

However, Lindstrom remains optimistic more funding can be secured.

A state budget bill, signed by Gov. Jerry Brown in September, set aside $15 million to help with the purchase of the land. Proposition 68 passed in June also allocated nearly $5 million.

Fullerton has also secured more than $6 million in other state and private grants, city spokesman Stephen Hale said in an e-mail.

With the funding secured, the city has likely met its initial goal to raise enough money to buy two neighborhoods adjacent to the Robert E. Ward Nature Preserve, cutting 76 units from the project.