Foothills Sentry - September 2022

Foothills Sentry Page 8 September 2022 JOHNSON MOTORCARS 31 Years of Specializing in the Service and Repair of Mercedes-Benz Gary Johnson 714-997-2567 982 N. Batavia # B13, Orange, CA 92867 gary@johnsonmotorcars.com Green cemetery project skips design review approval By Tina Richards A development team member seeking approvals to create a green cemetery chose to accept a denial from the Orange Design Review Committee (DRC) and take the project directly to the city planning commission. The project is proposed for land that once housed a YMCA and BMX motocross track, behind the Or- ange Dog Park off Yorba. The DRC had barely concluded its deliberations over the aesthetics and landscaping of the proposed cemetery, and was poised to offer Abdul Saquib of Kornerstone LLC a continuance. He, however, stepped up to the microphone and said he’d rather the DRC recommend denial. “I don’t want a continuance,’” he said, “I’d rather go to the planning commission and find out if this project is a go or not.” Neighbors of the green cem- etery site have opposed the proj- ect since they became aware of it last year. The property is a former dump that now generates meth- ane gas. The methane migrated to the point that a house on Jennifer Street, closest to the landfill, was torn down. First impressions Residents report that CalRecy- cle’s Local Enforcement Agency (LEA) has written several letters to the property owner, advising that due to ground settlement, drainage, water infiltration into the buried waste and gas genera- tion, it could not approve the site for cemetery use. Residents who appeared at the July 22 DRC meeting reported LEA’s findings, as well concerns about the cemetery’s appearance, 10-ft. walls, inadequate landscap- ing, and its proximity to a school for young children. The neighbors are also alarmed at the prospect of increased traffic and decreased property values due to the cem- etery's proximity. In a green cem- etery, bodies are not entombed in a casket, are buried about three feet deep, then covered with soil and a layer of pebbles, not veg- etation. This facility, alternately called Kornerstone or Palmyra Cemetery, could hold some 3,500 graves. To avoid disturbing the contaminated soil, the landowner plans to import 11,610 cubic yds. of dirt to cover the landfill and al- low graves to be dug safely above the buried waste. Neighbors note that the weight of that imported dirt will cause the land to settle even more and force lateral migration of the methane. More trees, please The purview of the DRC is limited to a project’s aesthetics and “fit” with the neighborhood. It does not address traffic, contaminants or property values. The DRC typically identifies inappropriate design elements or landscaping, and recommends changes that will allow a project to be approved. Sometimes that requires a continuance to give the property owner time to make those changes. In this case, committee mem- bers questioned the wall height and appearance, minimal land- scaping, color palette and in- adequate space between the gravesites and exterior wall. DRC member Jerico Farfan noted the facility’s predominately gray appearance, with concrete walks, white gravel and stone walls. “It’s gray on gray on gray,” he said. “And the pickets on top of the fence make it look like a jail.” He also noted the stark appear- ance of the exterior wall: up to 10 ft. high, with only 3-ft. shrubbery to soften it, and no landscaping at all on the side adjacent to the Santiago Creek Bike Trail. He suggested adding color and more trees. Anne McDermott, a member of the DRC, reported that she had visited five green cemeter- ies in preparation for the review meeting. Those facilities, she said, were located within larger cemeteries and tended to be con- tained areas surrounded by grass and trees, with the white gravel offset by landscaping. “What’s being proposed here is much larg- er, a lot more reflective,” she ad- vised. “It’s a lot like a parking lot. There’s not enough landscaping.” Room for improvement DRC Chair Robert Imboden also noted that the expanse of white gravel created a heat island. More trees throughout the prop- erty would help, he suggested. Imboden found the project to lack “sensitivity.” He questioned the veracity of placing graves so close to a recreational trail, where mourners could be disturbed by bikers, dog walkers and joggers. Also, the graves are located just one or two feet from the in- side wall, leaving minimal room for access. “You won’t be able to drive a cart along that wall for maintenance,” he pointed out. “Gardeners trimming trees at the far end of the property will have to drag branches the length of a football field. It’s not sustainable. Those things need a little more thought.” DRC members debated wheth- er to approve the project with conditions, or continue it until a later date. There was no discus- sion of a denial. A nod to the neighbors “The project is out of balance with the neighborhood,” McDermott said. “Correcting that with more landscaping might result in fewer plots, which is not what the property owner wants.” “This is coming into an existing neighborhood,” Imboden agreed. “We have to be cognizant of what we're approving next to people’s largest investment, homes they’ve been living in for 30 years. This project is the newcomer, it has to act that way. We’re looking at a continuance.” Imboden stressed that the proj- ect could “get there,” but Saquib did not want to spend more time with the DRC, and said he’d ac- cept a denial. “We will consider your comments and improve the sensitivity issues. But we prefer to move forward.” City staff is drafting a resolu- tion outlining the committee’s reasons for denial; the DRC will recommend that outcome to the planning commission. Tract map approval for housing next to Mabury Ranch extended By Tina Richards The Orange City Council ex- tended its approval of a tentative tract map for 22 houses on a par- cel between Santiago Creek and Mabury Ranch for six years. The property is adjacent to the illegal landfill in East Orange and is owned by the same company, Milan Capital. It has been zoned “residential” since 1993. When Milan’s much-larger Trails at Santiago Creek housing project was overturned by a voter refer- endum, it sought city approval for a 22-home development on the entitled property. The tentative tract map was ap- proved inAugust 2020, as was the environmental report that accom- panied it. The approval was good for two years, with a subsequent one-year extension authorized by the city municipal code. Milan applied for an extension in July, but asked for a six-year stretch in- stead. California allows tentative tract maps to be extended up to six years, but cities are not man- dated to follow that. Orange could have stayed with a one-year extension. Slip it through The council’s vote on the tract map extension appeared on its Aug. 9 meeting agenda as a “con- sent calendar” item. The consent calendar consists of routine city business that does not generally illicit any discussion and is ap- proved with a single vote. The tract map issue, however, was pulled from the consent cal- endar and opened for discussion at the request of Mabury Ranch residents. Tom Brose, president of the community’s HOA, asked the council to “reset the project” and develop a plan more com- patible with Mabury Ranch. He noted that city code allows for a one-year extension only, and that the request for more time must include the circumstances which delayed the project. Those cir- cumstances were not provided. Resident Quinn Promarug noted that when the project was reviewed by the council in 2020, Mabury Ranch opposed it. At that time, he said, the project was pre- sented as nothing out of the ordi- nary, just a straightforward hous- ing tract map. “If the project was so straightforward," he asked, "why wasn’t it completed? Why does Milan need an extension? Did they discover something?” Nothing to see here City Attorney Gary Sheatz explained that the city knew the request “was coming,” the proj- ect had likely been delayed by COVID, and that tentative tract maps “never make it to final in two years.” Councilmember Ana Gutier- rez pressed the “circumstances” question. Milan President Chris Nichelson explained that the com- pany had “been working with the resource agency and mitigating issues.” Consultants were unable to complete review due to CO- VID, he said, and “other things were going on with the site that were taking up our attention.” Gutierrez then asked Sheatz to explain the environmental documents that were being extended along with the tract map. Since the Environmental Impact Report (EIR) covering Milan’s earlier development plans had been decertified by the council, ”how is that review now valid for his project?” “When this tract map was approved,” Sheatz explained, ”the environmental document was an addendum to Alternative 1 on the EIR for the Trails at Santiago Creek Project.” Project EIRs are required to include alternatives to a given development that would be less environmentally intrusive. The Trails at Santiago Creek, a 128-unit, 40-acre proposal, did not include the property between Santiago Creek and Mabury Ranch; Alternative 1 was simply building fewer units on that site. Gone but not forgotten The city council approved the Trails at Santiago Creek and cer- tified the EIR in October 2019. A group of Orange residents challenged the EIR in court and launched a referendum to over- turn the Trails approval. The referendum succeeded, and the lawsuit continued to work its way through the courts. “While the EIR was still in liti- gation,” Sheatz said, “the appli- cant (Milan) came forward with the tract map. The EIR was still approved and legitimate. Through the course of litigation, the EIR was rendered moot. There was no project anymore, and it wasn’t needed. It was decertified so it couldn’t be used for a future proj- ect. It doesn’t go backwards.” “So because the EIR was still valid when the tract map was approved, that addendum can stand?” Gutierrez asked. Sheatz said "yes." Indeed, when the city council reviewed the maps in 2020, it found that the environmental impacts of the smaller project would be less than those analyzed in the original EIR, and that an addendum was sufficient. Don’t sweat the small stuff The staff report states, “This addendum, along with the certi- fied EIR, serves as the environ- mental review of the proposed project.” It further stated, “The impacts of the proposed project are consistent with the impacts previously analyzed in the certi- fied EIR.” With the decertified EIR still standing, Arianna Barrios asked if the council had to extend its approval for six years. Could we look at a shorter time period, she queried. Sheatz reported that the state code said “up to” six years, and that the council could opt for less. Barrios asked her colleagues to consider a shorter extension. “We already have a motion and a second,” Mayor Mark Mur- phy said. “Does anyone want to change it?” The vote was 6-1 in favor, with Barrios dissenting. Noël nears Boutique Noël returns for its 28th annual run at Assistance League of Orange, Oct. 12-15. The craft fair features fall and winter decor, unique gift items, clothing and jewelry. Merchan- dise tagged with “Shop With Purpose” is handcrafted by As- sistance League Noël volunteers, which allows the majority of funds to be directed to philan- thropic programs. Artist's rendering of the proposed cemetery.