Unknown Impacts
Unknown Impacts
One of the worst aspects of this proposed development is all of the UNKNOWNS.
No one knows how many houses a developer could squeeze on the Sully Miller site. In 2010 there was a proposal for 450 units. It was reduced to 395 units in 2014. No one really knows what the future holds if designated Open Space is changed to residential.
What we do know is the fewest numbers of units proposed for this site was 25 homes back in 1993.
Milan says 128 homes will be built. But Milan is an investment company and doesn’t build homes. This landowner plans to sell the land to a homebuilder once it’s rezoned. Milan will sign a development agreement with the City. But as Milan’s consultant admits, “any agreement can be changed.”
Milan’s Consultant has no idea how many houses could be built. Milan just wants a zone change.
The zoning will ultimately dictate how many homes can be built. That means residents need to assume the largest number of homes that a zone change will allow. The proposed 40-acre project site is currently zoned “open space” and “resource.” The project seeks to change the zoning to R-1-8 which would allow single-family homes on 8,000 square-foot lots. There are 43,560 square feet in an acre.
43,560 divided by 8,000 sq. ft lots = 5.445 homes
40 acres x 5.445 homes = approximately 218 homes (NOT 128)
Promises, Not Benefits
The project pledges funds to create trails and restore the creek but who will maintain them? Milan has yet to find a viable agency to take responsibility for the creek and open space. Construction costs are a drop in the bucket compared to the long-term oversight of these areas.
The same was true of the failed Rio Santiago development, proposed by Milan in 2014. At that time, Orange City Council felt it would be irresponsible to approve a project without an agency to manage the open space. This was one of the many reasons the City Council vetoed the project.
Nothing has changed! This is the same problem with the current proposed development. Creating trails without an agency to manage them would expose the City to dangerous risks and potential litigation. All it would take is for one hiker to sustain serious injuries and the City could be paying out millions of dollars in damages.
Could Local Neighborhoods be Forced to Foot the Bill?
With no agency to maintain the open space and trails, how could Milan move forward with its development? Could they force local neighborhoods to cover the cost?
California law allows landowners to seek what’s called a Community Facility District (CFD) sometimes called Mello Roos to fund certain projects such as parks. Many cities such as Tustin, Riverside and Moreno Valley impose these CFD special taxes.
The law allows a landowner to establish the boundaries of a CFD. The cost of creating and maintaining the open space in the proposed Trails at Santiago Creek would be so prohibitive – assessing the tax on the 128 new homeowners would not be enough. Since Mabury Ranch, the Reserve and the Colony North are directly adjacent to the property, Milan could make the case that these neighborhoods should be included in the CFD boundary because they would benefit from the trails and open space as much as the new homeowners.
Zone Change Paves the Way for High-Density
There’s a move underway in California’s state legislature to upsize pending developments. Senate Bill 50, if passed could supersede local governments and increase the density of projects currently zoned for homes. Click here to read the full bill.
If a bill like this were to pass no one knows for sure how this would impact neighborhoods. It is not far-fetched for a builder to decide that higher-density condos would be more profitable than single-family homes. New laws could take away local control and there isn’t much City Council or residents could do about it!
On the bright side, this bill only applies to land ALREADY zoned for homes. Since this proposed 40-acre project site is currently designated “open space” and “resource” it would not be susceptible to SB50. That’s why we need your help to preserve the current designation as open space.
Build on This?
For years Milan has been hauling truckloads of what is believed to be concrete waste products and dumping them on the site. But a records search shows no account of what actually has been dumped. Neighbors fear if grading begins, toxins will be released into the air. On a windy day, even neighborhoods several miles from the site could be affected.
And what if someone buys one of these houses? Because of the recent rains California saw many sinkholes this year. Homeowners across America are dealing with sinkholes caused by buried debris. Experts say it could take 10 to 15 years before the debris settles, causing a sinkhole. At that point, the statute of limitations has run out and homebuyers have no recourse. You can learn more about sinkholes in this news report.
There are so many unknowns, risks and dangers associated with this site. These are some of the reasons why it has not been developed and why citizens, the City and the County agreed in the early seventies it should be left as open space.
This is why we need your help to stop this ill-conceived development.