This development cannot move forward. I request that the City of Orange follow their legal obligations respect that citizens successfully overturned the approval of this development project with a referendum, which decertified the EIR. If DR Horton would like to move forward with a development, they must conduct a new environmental review by drafting a subsequent or supplemental EIR. Any haul route and subsequent earth movement will have significant impacts to Santiago Creek because there are special status species, including least Bell's vireo, coastal California gnatcatcher, San Diegan legless lizard, southern tarplan, mountain lion, western spadefoot, yellow-breasted chat, intermediate mariposa lily and many-stemmed dudleya known to occur in the area. There are also known prehistoric archaeological sites located nearby. The planned project is within a historic floodplain in a fire severity zone where evacuation routes have already exceeded capacity, which was shown to be the case during the 2017 Canyon Fire 2. Please consider scenario 2 (Option 3 on TMP) for the haul route. Mitigation measures are currently inadequate, so the city and state must reevaluate the impacts to residents, biological and cultural resources. Thank you.
Subject: Public Comment – Proposed Truck Route, Contaminated Stockpile, and City CEQA Obligations
Mayor and Members of the City Council,
My name is Kim Pheln. I am a resident of the City of Orange, and I am here to speak in opposition to the proposed truck route through the former dump site.
The proposal to construct a bridge over Santiago Creek was already deeply concerning. What is even more troubling is the request to relocate a verified contaminated stockpile in order to construct a roadway to serve that bridge. This proposal raises serious environmental, public health, and legal concerns for the City.
I want to be very clear about one point: even though the Regional Water Quality Control Board has given permission (not a permit, there is no such thing), that decision does not remove the City of Orange’s independent legal obligations. If the City approves this truck route, the City is making a discretionary decision—not a ministerial one—and that triggers responsibility under CEQA.
Courts have been clear on this issue. In *Save Tara v. City of West Hollywood*, the California Supreme Court held that a city may not rely on another agency’s approvals to avoid CEQA review when it exercises discretionary authority over a project—particularly where environmental impacts are foreseeable.
Approving this route would require City grading permits, roadway construction approvals, and encroachment permits. Because the project involves disturbing contaminated soil containing arsenic, dieldrin, petroleum hydrocarbons, and lead, the City is legally required to evaluate hazardous materials impacts, cumulative impacts, and reasonable alternatives.
In contrast, there is a reasonable and far less harmful alternative. I spoke directly with the project manager for DR Horton, who explained that from a business and logistical standpoint, the developer would prefer to use the existing city street—Yellowstone Boulevard—for site access. The alternative route through the dump site is being pursued primarily to avoid the inconvenience of truck traffic to one neighborhood.
I personally drove Yellowstone Boulevard. It is a short street, it provides direct access to the site, and no homes front that street. Using Yellowstone Boulevard would eliminate the need to disturb contaminated stockpiles, eliminate the need for new grading and roadway construction, eliminate the need for bridge construction, and significantly reduce environmental permitting and legal risk.
While truck inconvenience is temporary, the environmental impacts of disturbing contaminated soil and altering sensitive areas near Santiago Creek are permanent. If the City approves the dump-site route, it assumes responsibility and potential liability for those impacts. That liability does not disappear because another agency issued a permit.
By selecting Option 1—the existing city street route—the City avoids unnecessary environmental harm, reduces regulatory complexity, shortens the project timeline, and protects itself from avoidable legal exposure.
I respectfully urge the City Council to reject the proposed truck route through the dump site and require use of Yellowstone Boulevard instead.
As a resident of Mabury Ranch, I strongly oppose hauling dirt through the neighborhood. The damage to the roads, the increased traffic, and the danger to neighborhood children are unacceptable. Go through Milan's property to transport the dirt, not a family neighborhood.
I oppose the route for trucks coming through Mabury Ranch on Yellowstone Ave due to excessive noise, danger to our kids who play around this area, and the health of the residents who live in this neighborhood. Build the approved bridge over the creek and bring in the dirt that way. Thank you for your consideration.
I oppose haul option 2 which will route heavy trucks through a residential neighborhood, bringing excessive noise and destruction to our streets. Option 1 utilizes access through commercially zoned areas, meant for such usage. Thank you.
I oppose the route 2 through Yellowstone/Mabury Ranch as it would add even more highly disruptive activity and risk to the community beyond the pending construction. The dirt should be limited to hauling through the Milan property access point off Santiago.
We have young children that play in the front yard and ride their bikes in our neighborhood. We live at 5743 E. Mabury Ave and DO NOT want trucks coming on our streets. Not to mention they will destroy our streets with dirt falling off, the weight of the trucks destroying the streets, etc. NO!!!!
I oppose the use of Yellowstone to haul dirt to the Milan building site. I own a home with the backyard facing Yellowstone and am concerned that the weight, dust and dirt will affect my living conditions. I am also concerned that the weight of these trucks will cause settling and cause cracks to pools and concrete walls along Yellowstone. Therefore I ask you to vote for a bridge built across the creek on Milan's property to haul the dirt. It is a shorter route and one that does not involve the existing homes. Thank you, Ron and Vickie Priddy
The trucks should use the route through the Milan property. The bridge over the creek has already been approved, and there is no reason that all those trucks should go through a residential area. Cannon and Serrano are already heavily trafficked.
I am concerned about the health and safety of Mabury residents if the dirt hauling permit is approved as written. The materials the developer provided to the City include a letter from Santa Ana Regional Water Quality Control Board's letter (attachment 6) stating that "Option 2 is the preferred haul route as it will eliminate approximately 200 daily dump truck trips through the Mabury Ranch residential community".
Please take this item off the agenda and vote on a new one with a single haul route from Santiago Canyon Blvd across the land bridge, since that is the preferred route and will greatly minimize impact on my neighborhood and all of the families and children there.
This development cannot move forward. I request that the City of Orange follow their legal obligations respect that citizens successfully overturned the approval of this development project with a referendum, which decertified the EIR. If DR Horton would like to move forward with a development, they must conduct a new environmental review by drafting a subsequent or supplemental EIR. Any haul route and subsequent earth movement will have significant impacts to Santiago Creek because there are special status species, including least Bell's vireo, coastal California gnatcatcher, San Diegan legless lizard, southern tarplan, mountain lion, western spadefoot, yellow-breasted chat, intermediate mariposa lily and many-stemmed dudleya known to occur in the area. There are also known prehistoric archaeological sites located nearby. The planned project is within a historic floodplain in a fire severity zone where evacuation routes have already exceeded capacity, which was shown to be the case during the 2017 Canyon Fire 2. Please consider scenario 2 (Option 3 on TMP) for the haul route. Mitigation measures are currently inadequate, so the city and state must reevaluate the impacts to residents, biological and cultural resources. Thank you.
Subject: Public Comment – Proposed Truck Route, Contaminated Stockpile, and City CEQA Obligations
Mayor and Members of the City Council,
My name is Kim Pheln. I am a resident of the City of Orange, and I am here to speak in opposition to the proposed truck route through the former dump site.
The proposal to construct a bridge over Santiago Creek was already deeply concerning. What is even more troubling is the request to relocate a verified contaminated stockpile in order to construct a roadway to serve that bridge. This proposal raises serious environmental, public health, and legal concerns for the City.
I want to be very clear about one point: even though the Regional Water Quality Control Board has given permission (not a permit, there is no such thing), that decision does not remove the City of Orange’s independent legal obligations. If the City approves this truck route, the City is making a discretionary decision—not a ministerial one—and that triggers responsibility under CEQA.
Courts have been clear on this issue. In *Save Tara v. City of West Hollywood*, the California Supreme Court held that a city may not rely on another agency’s approvals to avoid CEQA review when it exercises discretionary authority over a project—particularly where environmental impacts are foreseeable.
Approving this route would require City grading permits, roadway construction approvals, and encroachment permits. Because the project involves disturbing contaminated soil containing arsenic, dieldrin, petroleum hydrocarbons, and lead, the City is legally required to evaluate hazardous materials impacts, cumulative impacts, and reasonable alternatives.
In contrast, there is a reasonable and far less harmful alternative. I spoke directly with the project manager for DR Horton, who explained that from a business and logistical standpoint, the developer would prefer to use the existing city street—Yellowstone Boulevard—for site access. The alternative route through the dump site is being pursued primarily to avoid the inconvenience of truck traffic to one neighborhood.
I personally drove Yellowstone Boulevard. It is a short street, it provides direct access to the site, and no homes front that street. Using Yellowstone Boulevard would eliminate the need to disturb contaminated stockpiles, eliminate the need for new grading and roadway construction, eliminate the need for bridge construction, and significantly reduce environmental permitting and legal risk.
While truck inconvenience is temporary, the environmental impacts of disturbing contaminated soil and altering sensitive areas near Santiago Creek are permanent. If the City approves the dump-site route, it assumes responsibility and potential liability for those impacts. That liability does not disappear because another agency issued a permit.
By selecting Option 1—the existing city street route—the City avoids unnecessary environmental harm, reduces regulatory complexity, shortens the project timeline, and protects itself from avoidable legal exposure.
I respectfully urge the City Council to reject the proposed truck route through the dump site and require use of Yellowstone Boulevard instead.
Thank you for your time and consideration.
Kimberly Pheln
As a resident of Mabury Ranch, I strongly oppose hauling dirt through the neighborhood. The damage to the roads, the increased traffic, and the danger to neighborhood children are unacceptable. Go through Milan's property to transport the dirt, not a family neighborhood.
Option 2. Maybury is opposed to
This
Option 2 We don’t want more traffic through Maybury!
option 2, I oppose trucks coming through Mabury Ranch on Yellowstone Ave, it is enough serrano has become a freeway the last several years!
I oppose the route for trucks coming through Mabury Ranch on Yellowstone Ave due to excessive noise, danger to our kids who play around this area, and the health of the residents who live in this neighborhood. Build the approved bridge over the creek and bring in the dirt that way. Thank you for your consideration.
I’m opposed to the option that routes trucks onto Yellowstone in Mabury Ranch. The destruction to property and noise should not be allowed.
I oppose haul option 2 which will route heavy trucks through a residential neighborhood, bringing excessive noise and destruction to our streets. Option 1 utilizes access through commercially zoned areas, meant for such usage. Thank you.
I oppose the route 2 through Yellowstone/Mabury Ranch as it would add even more highly disruptive activity and risk to the community beyond the pending construction. The dirt should be limited to hauling through the Milan property access point off Santiago.
We have young children that play in the front yard and ride their bikes in our neighborhood. We live at 5743 E. Mabury Ave and DO NOT want trucks coming on our streets. Not to mention they will destroy our streets with dirt falling off, the weight of the trucks destroying the streets, etc. NO!!!!
I oppose the use of Yellowstone to haul dirt to the Milan building site. I own a home with the backyard facing Yellowstone and am concerned that the weight, dust and dirt will affect my living conditions. I am also concerned that the weight of these trucks will cause settling and cause cracks to pools and concrete walls along Yellowstone. Therefore I ask you to vote for a bridge built across the creek on Milan's property to haul the dirt. It is a shorter route and one that does not involve the existing homes. Thank you, Ron and Vickie Priddy
The trucks should use the route through the Milan property. The bridge over the creek has already been approved, and there is no reason that all those trucks should go through a residential area. Cannon and Serrano are already heavily trafficked.
I am concerned about the health and safety of Mabury residents if the dirt hauling permit is approved as written. The materials the developer provided to the City include a letter from Santa Ana Regional Water Quality Control Board's letter (attachment 6) stating that "Option 2 is the preferred haul route as it will eliminate approximately 200 daily dump truck trips through the Mabury Ranch residential community".
Please take this item off the agenda and vote on a new one with a single haul route from Santiago Canyon Blvd across the land bridge, since that is the preferred route and will greatly minimize impact on my neighborhood and all of the families and children there.