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Home My WebLink About11.01 Trails at Santiago Creek 1 - Staff Report �°F °'�� ,.\��aa�o�arFa..,� �'�� 'a AGENDA ITEM �24��:�qE'an.s,,ee�.��k°� `b��' � September 24, 2019 TO: Honorable Mayor and Members of the City Council THRU: Rick Otto, City Manager FROM: William Crouch, mmunity Development Director REVIEW: City Mana r Finance �� • 1. SUBJECT General Plan Amendment No. 2018-0001, Zone Change No. 1286-18, Development Agreement No. 0005-18, and Environmental Review No. 1857-18. 2. SUMMARY The Applicant is requesting approval of a General Plan Amendment and Zone Change on a 109.2 acre site (commonly referred to as the Sully Miller site), to allow for the development of 128 single-family detached homes on 40.7 acres and leaving approximately 68.5 acres for open space comprised of natural hillsides, re-established grasslands, a restored Santiago Creek riparian corridor and a managed vegetation/fuel modification zone. The Project includes adoption of the Trails at Santiago Creek Specific Plan. 3. RECOMMENDED ACTION 1. Approval of Ordinance No. 07-19 of the City Council of the City of Orange approving Zone Change No. 1286-18, changing the zoning from Sand and Gravel (S-G) and Single Family Residential 8,000 square feet minimum (R-1-8) to Specific Plan (SP) consisting of Single Family Residential R-1-8 and R-1-10, and Open Space, and adopting the Trails at Santiago Creek Specific Plan on a site commonly referred to as Sully Miller located at 6145 E. Santiago Canyon Road, previously identified as 6118 East Santiago Canyon Road. 2. Approval of Ordinance No. 08-19 of the City Council of the City of Orange approving Development Agreement No. 0005-18 for the Trails at Santiago Creek Project, on a site commonly referred to as Sully Miller located at 6145 E. Santiago Canyon Road, previously identified as 6118 East Santiago Canyon Road. 3. Approval of Resolution No. 11187 of the City Council of the City of Orange (A) Certifying the adequacy of Final Environmental Impact Report No. 1857-18 (SCH No. 2017031020), (B) Adopting Findings of Fact, (C) Adopting a Statement of Overriding Considerations, (D) Adopting a Mitigation Monitoring and Reporting Program, (E) Imposing other project related conditions for related project entitlements for the ITEM � � 09/24/2019 construction of 128 new detached single-family residences and approximately 68.5 acres of open space on a site commonly referred to as Sully Miller, located at 6145 E. Santiago Canyon Road, previously identified as 6118 East Santiago Canyon Road. 4. Approval of Resolution No. 11188 of the City Council of the City of Orange approving General Plan Amendment No. 2018-0001, a request to change the general plan designation of an approximately 109.2 acre site from Low Density Residential (LDR) (approximately 15.4 acres), Resource Area (RA) (approximately 77.3 acres), and Open Space (OS) (approximately 16.5 acres) to Low Density Residential (LDR) (approximately 40.7 acres), and Open Space (OS) (approximately 68.5 acres) on a site commonly.referred to as Sully Miller, located at 6145 E. Santiago Canyon Road, previously identified as 6118 East Santiago Canyon Road. 4. FISCAL IMPACT None. 5. STRATEGIC PLAN GOALS Goal 3: Enhance and promote quality of life in the community. a: Expand public use places and spaces c: Support and enhance attractive, diverse living environments. 6. DISCUSSION AND BACKGROUND Existing Project Site The 109.2-acre project site contains disturbed, privately owned, undeveloped land that previously supported mining activities and currently supports a sand and gravel operation. There are currently sand and gravel stockpiles on the site. The project site is comprised of 12 parcels and is bisected by Santiago Creek in an east-west direction. Approximately 40 acres between Santiago Creek and East Santiago Canyon Road contains remnants of the mining operation and is the location of the ongoing sand and gravel operation. This area is characterized by soil piles, berms, and unpaved roads. Adjacent to East Santiago Canyon Road is an approximately 5-acre area that supports a materials recycling operation that includes apparatus for the crushing of boulders, bricks, rocks, and similar materials for recycling. Materials used for these operations originate primarily from off-site sources, and the materials generated by these operations have historically been used both on-site and transported off-site. Ancillary uses included administration and maintenance buildings, caretaker residence, material testing laboratory, driver's shack, rock crushing facilities, several aboveground and belowground fuel storage tanks, and two hot-mix asphalt plants. Proposed Project The Project proposes a single-family detached residential neighborhood comprising 40.7 acres, located in the south-central and southwestern portions of the site abutting the adjacent vacant County-owned parcel. The project proposes 128 units, equating to 3.1 dwelling unit per acre, which is reflective of residential lots in the existing surrounding neighborhoods of Mabury Ranch, Jamestown, The Colony North, Creekside Ranch, and Orange Park Acres at Orange Park Boulevard and East Santiago Canyon Road. The Project includes three different single-family detached lot programs ranging in size from 8,000 square feet to 9,000 square feet (82 Lots); 9,200 square feet to 10,000 square feet (17 Lots); and 10,000 square feet and greater (29 Lots). ITEM 2 09/24/2019 The Project would concentrate the residential area on approximately 40.7 acres of the site (37.3%), leaving approximately 68.5 acres as open space (62.7%). The proposed site design aligns with the Orange Park Acres Plan concept of clustering and retaining open space areas near residential clusters. Although the residential units are clustered, each lot is being subdivided to meet the City's Single Family Residential R-1-8 or R-1-10 development standards. Consolidating the units to this portion of the project site will enhance the equestrian and rural lifestyle of the area. Additionally, both the Development Agreement (Attachment No. 17) and the Specific Plan (Attachment No. 18, Section 7.4 General Provisions) cap the number of residential units at 128, allowing for no more than 128 units to be built on the site. The open space associated with the Project will be approximately 68.5 acres and will comprise of natural hillsides, re-established grasslands, a restored Santiago Creek riparian corridor, and a managed vegetation/fuel modification zone for fire protection purposes. The amenities planned for these areas include the following: • Multi-use trails providing public access to open space and the Santiago Creek environs; • Trail paseos for hiking and bicycling access; • Expansion of, and connection to, the 1,269-acre Santiago Oaks Regional Park; • Trailside rest-stops; • Trailhead informational signage, shade shelters and kiosks and related amenities; • Stormwater and flood control improvements; • Managed vegetation and fuel modification; and • Passive outdoor uses. A variety of public multi-use recreation trails will traverse the project site, providing shared use of hiking, biking, and horseback riding on decomposed granite trail surfaces (Attachment No. 18, Exhibit 4.14). Along fihe north side of East Santiago Canyon Road, in addition to the existing Class II bike lane, an off-street recreational trail will extend along the entire length of the project site. This trail will provide continuity from the existing trail that parallels the roadway east of the project site, with the intention of connecting to future planned trails off-site to the west (provided by others). This 10-foot-wide trail will be separated from East Santiago Canyon Road by a minimum 6-foot-wide landscaped parkway measured from the back of curb within a minimum 18-foot-wide easement, per the City of Orange Recreational Trail Master Plan (RTMP). Trail fencing between the trail and the street shall also be consistent with the City of Orange RTMP and shall be placed outside of the trail tread area. The fence will be in keeping with the existing equestrian style fencing along East Santiago Canyon Road east of the project site. The trail system will provide a critical linkage to Santiago Oaks Regional Park located to the east and becomes an integral part of the City's and County's trail master plans via connectivity opportunities. The project site is comprised of three Planning Areas. Planning Area A Planning Area A consists of 40.2 acres (Attachment No. 18, Section 4.2.1) that encompasses the greenway open space and Santiago Creek corridor. Its riparian and wetland habitats provide an environment that supports both on-site live-in wildlife as well as a movement corridor for regionally oriented wildlife. Off-site to the east, the Santiago ITEM 3 09/24/2019 Creek open space corridor provides a link to Santiago Oaks Regional Park and the natural open space beyond. Off-site to the west the Santiago Creek open space corridor ultimately connects with the Santa Ana River corridor. Planning Area 8 Planning Area B consists of 28.2 acres (Attachment No. 18, Section 4.2.1) that encompasses the grassland area located south of the Santiago Creek corridor. It has been disturbed over the years due to commercial operations on the site and will be restored as a natural grasslands interspersed with other plant communities and seasonal wildflowers. Planning Area B also includes the Managed Vegetation/Fuel Modification zone located north and east of Planning Area C and acts as a vegetative buffer between the open space and residential neighborhood for fire protection purposes. This 130-foot- wide buffer zone will be comprised of plantings compatible with on-site plant communities while being responsive to fuel management policies. The Managed Vegetation/Fuel Modification Zone(s) complies with fuel modification requirements specified by Section 320 of the Orange Fire Code (per Orange Municipal Code Section 15.32.020). Upon dedication of the Specific Plan's open space in Planning Areas A and B to the City of Orange, County of Orange, Homeowners Association (HOA), non-profit, or other entity, the Applicant will retain an easement for fuel modification zone maintenance at the time of final mapping. Throughout the open space in Planning Areas A and B, a network of 10-foot-wide multi- use recreation trails for public use will meander across the land providing public access to the restored open space and the Santiago Creek environs. A bridge is proposed to be located in the northeast portion of Planning Area A to provide trail access across Santiago Creek. The Project's trail system will connect to the existing Santiago Creek Trail along � the northern boundary of the project site. On the west side of the project site at Cannon Street, trail access to the residential neighborhoods in Planning Area C will occur via a number of trail paseos allowing for hiking and bicycling access, and via the passive Handy Creek Linear Park as part of Trail F in Planning Area B accessible to the residents of the development and the public. Planning Area C Planning Area C consists of 40.7 acres (Attachment No. 18, Section 4.2.2) encompassing the project's residential neighborhoods. Development will be a present-day interpretation of the existing surrounding neighborhoods, complimentary to and in character with them. Similar materials will be used, and rooflines and roof styles will be comparable. Homes will be designed to reinforce the pedestrian scale of the neighborhood by incorporating second floor setbacks, covered front porches, and entryways that address the sidewalk and reduce the scale of the homes. Building massing and setbacks will be in keeping with surrounding neighborhoods. Residential development standards will be the standards contained in the City of Orange Zoning Code, Chapter 7.14, Residential District, Section 17.14.070, General Requirements, Table 17.14.070, Residential Development Standards R-1-8 and R-1-10. Community Outreach Since 2015, the Applicant has conducted outreach with representatives of the adjacent neighborhoods, including the Orange Park Association, Mabury Ranch Homeowners Association, and The Reserve Homeowners Association, in an attempt to determine ITEM 4 09/24/2019 community priorities for the site. In 2015, in response to the outreach and as a good faith gesture to encourage further constructive dialogue regarding the long-term land uses for the property, the Applicant agreed to curtail and modify the current sand and gravel operations on an interim basis. That limited use has continued over the past four years. Also, in 2015, the City Council designated finro members of the Council to serve on a City Council Ad Hoc Committee to engage with the applicant and members of the community in the area. The Ad Hoc Committee conducted a series of ineetings with representatives of Mabury Ranch, The Reserve, and Orange Park Acres to discuss opportunities and constraints related to possible development of the site. Each association designated their specific representative(s). While the meetings were open to the public, they were not subject to the Brown Act as there were only two Council members present and no other participants were appointed by the City. The meetings were intended to engage stakeholders, to identify all issues related to the site, and to have an open dialog for all parties involved. The last meeting of that group was in March 2018. To formalize and ensure transparency for the entitlement process, with input from Orange Park Association, Mabury Ranch Homeowners Association, and The Reserve Homeowners Association, the City and the Applicant entered into a Pre-Development Agreement (PDA) dated October 11, 2016 (Attachment No. 19, Appendix A). This represented several months of ineetings and discussions with the community at large, and numerous representatives from Orange Park Association, Mabury Ranch Homeowners Association, and The Reserve Homeowners Association. An essential component of the PDA and working agreement with community representatives was the temporary suspension of all backfill and stockpiling operations at the Sully-Miller sand and gravel operation, effective September 15, 2015. This agreement established general parameters and set forth various development alternatives intended to guide the processing of various requested land use approvals required for the project. The major provisions of the agreement are as follows: • Evaluate proposed alternatives for the project on approximately 109 acres with a range of 25 to 50 acres available for residential units as set forth in Exhibit B of the P DA. • An obligation of the Applicant to submit an application for land use entitlement approvals that include a General Plan Amendment, Zone Change, Major Site Plan Review, Design Review, CEQA compliance, Development Agreement, Park Planning and Development Committee consideration of project trails, and commitment by the City to expeditiously process these entitlements while complying with all legal requirements. • Continue the cessation of the currently permitted operation of the sand and gravel operation during the processing of the Project consistent with the June 12, 2015 memorandum submitted by the Applicant to the City, Mabury Ranch, The Reserve, and Orange Park Acres (attached within the PDA). The Applicant will also commence the interim remediation of the property, which will result in the lowering of the existing sand and gravel material stockpiles on the project site; subject to the Applicant's right to resume sand and gravel operations. • Cooperation befinreen the Applicant and the City for the evaluation of easements and the possible extension of the Santiago Creek Trail to the north side of the project site. ITEM s 09/24/2019 On March 16, 2017, the City of Orange conducted a Scoping Meeting for the EIR. The Project described in the NOP consisted of approximately 150 residential dwellings configured within various development plan alternatives. The various land use scenarios were based on the PDA. The most significant concerns expressed by the community at the Scoping meeting pertained to traffic on East Santiago Canyon Road and Cannon Road; the preservation of Santiago Creek as a greenway; open space; flooding; and, elimination of the current sand and gravel operation. Separate from the Ad Hoc Committee meetings, the Applicant's representative has been meeting with stakeholders from the various neighborhood groups in the area whom the Applicant considers to be a "Liaison Committee". In some cases, the Applicant has met with the "Liaison Committee" as a group and sometimes he has meet with the members individually. Nevertheless, this activity has been solely at his discretion in an effort to reach a consensus with the community regarding the development proposal. Again, this activity has been independent from the City Council Ad Hoc Committee meetings. The Applicant also held Collaborative Group meetings, which was comprised of representatives of Mabury Ranch, The Reserve, and Orange Park Acres. Various members of the community suggested land use alternatives to the project who proposed an alternative consisting of 40 acres with 8,000, 10,000, 15,000, and one-acre lots. The extensive 4-year community outreach collaboration effort to address community concerns as well as other matters related to the Applicant resulted in modifications, reductions, and changes to the original proposal commitments as outlined in the Development Agreement. Environmental Impact Report A Notice of Preparation (NOP) for the Project was issued on March 3, 2017. The NOP describing the original concept for the project at 150 units and issues to be addressed in the Environmental Impact Report (EIR) was distributed to the State Clearinghouse, responsible agencies, and other interested parties for a 30-day public review period extending from March 3, 2017, through April 3, 2017. The NOP identified the potential for significant impacts on the environment related to the following topical areas: Aesthetics, Light, and Glare, Agriculture Resources and Forestry Resources, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use and Planning, Mineral Resources, Noise, Population and Housing, Public Services, Recreation, Transportation and Traffic, Tribal Cultural Resources, and Utilities and Service Systems. The Draft Environmental Impact Report (DEIR) No. 1857-18 evaluated the environmental impacts of the Project and its project alternatives, which was prepared in accordance with the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15070 et seq. and in conformance with the City of Orange Local CEQA Guidelines. The 45-day public review period was initiated on February 23, 2018, and ended on April 9, 2018. Staff received approximately 130 comment letters during the public review period relative to the Draft EIR, that included comments related to air quality, biological resources, greenhouse gas (GHG) emissions, hazardous materials, hydrology and water quality, land use, traffic, and alternatives. Subsequently, the City prepared a ITEM 6 09/24/2019 Recirculated Draft EIR(RDEIR) (Attachment No. 19)to replace the Draft EIR in its entirety to address comments made on the technical analysis of the project. The RDEIR was prepared in accordance with the provisions of CEQA per State CEQA Guidelines Section 15070 et seq. and in conformance with the City of Orange Local CEQA Guidelines. The RDEIR was re-circulated from November 14, 2018 to December 31, 2018. Copies of the document were available for public review at the City's three libraries, at City Hall, and on the City's website. Staff received approximately 306 written comment letter(s) during the RDEIR public review period, of which approximately 96 letters were not CEQA related and approximately 187 letters that lacked sufficient specificity and did not provide any reasoning for the comments. The City prepared Response to Comments to address environmental comments received during the public review period. The Response to Comments includes a Master Responses to Comments, which provides a single comprehensive response to similar comments about a particular topic. The topics addressed in the Master Responses are Plan Consistency; Adequacy of the project description, analysis of alternatives, dam safety and risk of failure, wildfire risk, stewardship of open space, applicability of SurFace Mining and Reclamation Act (SMARA), site environmental conditions, soil import/export quantities, and general comments on the Project, general opposition to the proposal. Pursuant to the CEQA Guidelines, comments received on the RDEIR during the review period are included in the Final EIR (FEIR) (Attachment No. 20). Pursuant to CEQA Guidelines Section 15088.5(fl(1), a summary of revisions made to the RDEIR is included in the FEIR; also, pursuant to that Guideline, responses to comments are limited to comments received on the RDEIR, although comments on the initial DEIR will be part of the administrative record. The CEQA Guidelines generally require a lead agency to evaluate and prepare a written response to all comments on environmental issues received on the draft EIR. (Guidelines, § 15088(a), (d).) Such a response may take the form of a revision to the draft EIR. (Guidelines, § 15088(d).) When a draft EIR is substantially revised and the entire document is recirculated, however, the lead agency only needs to respond to comments on the recirculated EIR, not those received during the earlier circulation period. (Guidelines, § 15088.5 (fi� (1).) Instead, the agency need only provide a summary of the revisions that were made to the previously circulated draft EIR. (Guidelines, § 15088.5 (g).) The RDEIR Introduction describes a summary of the revisions that were made to the DEIR, including a full list of DEIR commenters and specific sections that were revised. Table 1-2 and Table 1-3 in the Introduction provide a summary of key areas where the document was revised to address pertinent and representative comments made during the prior public review period. General Plan Amendment The City of Orange General Plan serves as the long-range blueprint for growth and change in the City. The Land Use Element of the General P.lan in particular guides physical development within the City's borders. The General Plan is considered a "comprehensive" policy document in that it addresses the multi-disciplinary content required by the State, as well as additional local issues related to cultural resources, economic development, urban design, growth management, and infrastructure. ITEM � 09/24/2019 The City of Orange General Plan designates portions of the project site as: • Low Density Residential (LDR) (15.4 acres), which allows for conventional single- family residential development characterized by individual single-family homes constructed in subdivisions, or by custom units built on individual lots; • Resource Area (RA) (77.3 acres), which allows for agricultural uses and continued use of stream and river channels for aggregate mining. Passive and active recreational uses are also permitted in the RA area. The RA area may serve as a holding zone for future uses compatible with established and planned land uses in surrounding areas; • Open Space (OS) (16.5 acres), which may consist of steep hillsides, creeks, or environmentally sensitive areas that should not be developed. Although designated as permanent open space, most areas will not be developed as public parks with the exception of river and creekside areas that promote connectivity of the City's trails system. This category includes both privately held open spaces and public lands (Attachment No. 18, Exhibit 2.1). The RA land use designation reflects the current sand and gravel activities south of Santiago Creek. The LDR designation applies to the portion of the site north of Santiago Creek, adjacent to Mabury Avenue. The OS designation applies to a relatively narrow strip running through the site from east to west and roughly following the alignment of Santiago Creek. The Project involves the development of 128 dwelling units on approximately 40.7 acres within the area currently designated RA and the preservation of the remaining 68.5 acres (which overlap with the current RA and LDR designations) as open space and recreation uses. Accordingly, the Applicant is proposing a General Plan Amendment to change the RA designation to a combination of LDR, and OS; and the LDR designation to OS. The area currently designated OS will remain OS (Attachment No. 18, Exhibit 2.1). East Orange General Plan and Orange Park Acres Plan The project site is located within the boundaries of the East Orange General Plan and the Orange Park Acres Plan. The Project also includes a General Plan Amendment that would amend both the East Orange General Plan and Orange Park Acres plan to incorporate the Project Specific Plan. The need for amending these plans is based on the footprint and lot sizes of the proposed residential development as well as the footprint of the open space and recreational amenities. The Project Specific Plan would create vertical consistency with the General Plan by aligning the land use, open space, and trails content of the three documents. It is important to note the legal status of these documents. East Orange General Plan The Project is consistent with the concepts identified of the East Orange General Plan. The East Orange General Plan was adopted in 1976 and encompasses approximately 1,900 acres. When adopted, the East Orange General Plan was part of the Land Use Element of the City's General Plan. The central theme of the East Orange General Plan is the accommodation of residential development in the area balanced with the protection of the environmental assets of East Orange. The East Orange General Plan envisions commercial development, a variety of housing types, and an extensive open space greenbelt network. ITEM s 09/24/2019 The East Orange General Plan envisions the area as having an assortment of open space categories including the Santiago Creek Greenbelt. Through the use of small trail connections, it is intended that users of the trails systems in the area will be able to move from and to Santiago Oaks Regional Park (Page 111). It is the intent of the East Orange General Plan that the large open space areas in the north, including the project site, will form the backbone of the open space network in East Orange. While the East Orange General Plan does not outline goals and policies similar to contemporary general plans, the project is consistent with concepts identified in the East Orange General Plan. For example, the East Orange General Plan contains a concept that where possible, new development should be compatible with existing residential densities and should maintain continuity with architectural style, house size, and price range. The project's residential area would have a density that is similar to or less dense than most nearby residential areas, including the Jamestown neighborhood, which is within the East Orange General Plan area. The Project density of 3.1 dwelling units per acre is consistent with the medium low density within the East Orange General Plan area located to the south. The East Orange General Plan calls for new developments to be compatible with existing residential densities, compatible with architectural style, and house size (Page 109). The East Orange General Plan envisions an "assortment of open space categories." Accordingly, the Project includes 68.5 acres of open park space, split into 40.2 acres of Greenway Open Space/Santiago Creek Riparian Corridor and 28.3 acres of Grasslands Open Space. Therefore, the Project includes 68.5 acres of open space/park uses adjacent to, and partially within, the East Orange General Plan; creating more open space than the 37 acres of the project site that are within the East Orange General Plan. The East Orange General Plan references design of the Santiago Creek Greenbelt in the project site area. The project would be consistent with the reference to the Greenbelt because it includes a 40.2-acre Greenway Open Space/Santiago Creek Riparian Corridor. The East Orange General Plan emphasizes pedestrian and equestrian movements between neighborhoods. The project would include a multitude of trails to connect the Project and existing community to existing and future trails and bike lanes. The project would also provide a sidewalk for pedestrians along the frontage of East Santiago Canyon Road where one does not currently exist. Lastly, the East Orange General Plan envisions a trail system to include equestrian/hiking trails and bike trails. The project would include a multitude of trails to connect the project and existing community to existing and future trails and bicycle lanes for recreation and commuting purposes. Orange Park Acres Plan The Orange Park Acres Plan was adopted on December 26, 1973, and applies to a geographic area largely comprised of unincorporated County land. The 1973 Orange Park Acres Plan is often referred to as "specific plan", however it was adopted by City Resolution No. 3915 (Attachment No. 20, Section 4, Errata, as Appendix B) in December 1973, prior to the 1974 enactment of State specific plan law. Therefore, the City does not consider the Orange Park Acres Plan a "specific plan" but rather a relevant community- ITEM 9 09/24/2019 planning document that plays an important role in guiding and informing land use decisions. The Orange Park Acres Plan serves as a valuable tool in guiding the future development of the Orange Park Acres community. Over time, with the City's 1989 and 2010 General Plan Updates, as well as updates to Orange County planning documents, the Orange Park Acres Plan has evolved as a Community Plan. Therefore, the consistency of the Project with this Plan is evaluated in the RDEIR, but the Orange Park Acres Plan does not control land use policy in the City in the same manner as the policies in the City's 2010 General Plan or Zoning Ordinance. Furthermore, the Supreme Court in Orange Citizens for Parks & Recreation v. Superior Court (2016) 2 Cal.Sth 141, 157-158, held that the designations and policies in the 2010 General Plan control over any inconsistent provisions of the Orange Park Acres Plan. The Orange Park Acres Plan lists on Page 96 a number of goals, objectives, and policies were established and recommended for the Orange Park Acres community. Staff has reviewed the Orange Park Acres Plan and finds that these stated policies are not requirements or development standards, but rather are used to identify the general and specific directions recommended by the Orange Park Acres Plan. However, these policies are not zoning code requirements. A prominent policy of the Orange Park Acres Plan in its residential designations is the concept of "flatland clustering" (Page 106). The Orange Park Acres Plan (Page 115) envisions "single-family attached and detached clusters referred to as "rural clusters" within a greenbelt or open space context" for medium-low density residential areas. The Project area encompasses approximately 109.2 acres, 68.5 acres of which would be dedicated to open space, and approximately 40.7 acres of which would contain a residential "cluster" of homes. The proposed site design would align with the Orange Park Acres Plan concept of "clustering" and retaining open space areas near residential "clusters." Although the residential units are "clustered" on approximately 40 acres, each lot is being subdivided to meet the City's R-1-8 or R-1-10 development standards. Although the Project includes development on lots smaller than 1-acre in size, as a whole the project is consistent with the spirit of the Orange Park Acres Plan. A key objective of the Orange Park Acres Plan is to foster compatible residential development within the area both visually and functionally. The Project would comply because its residential area has a similar density to nearby residential neighborhoods, including the following neighborhoods located in the Orange Park Acres Plan area: Broadmoor Homes, Leadership Housing Specific Plan, Pacesetter Homes, and a small portion of the Jamestown neighborhood. The Orange Park Acres Plan envisions various areas to be linked through a system of trails and streetscape landscaping. Additionally, the Project includes a sidewalk for pedestrians along the frontage on East Santiago Canyon Road where a sidewalk does not currently exist. The Project includes 68.5 acres of open park space, split into 40.2 acres of Greenway Open Space/Santiago Creek Riparian Corridor and 28.3 acres of Grasslands Open Space, adjacent to, and partially within, the Orange Park Acres Plan. The project creates more open space in the vicinity than the 39 acres of the project site that are within the Orange Park Acres Plan. The Plan designates the project site as Open Space (Attachment No. 18, Exhibit 2.3). The project site is located at the northwestern fringe of ITEM io 09/24/2019 the Orange Park Acres Plan area, and represents approximately 3 percent of the overall Orange Park Acres Plan area. The proposed General Plan Amendment would change the current land use designations for the Project site from Low Density Residential (LDR) (approximately 15.4 acres), Resource Area (RA) (approximately 77.3 acres), and Open Space (OS) (approximately 16.5 acres) to Low Density Residential (LDR) (approximately 40.7 acres), and Open Space (OS) (approximately 68.5 acres). The proposed project entitlements include this General Plan Amendment, which governs over both the East Orange General Plan and Orange Park Acres Plan, and the Rezoning to SP, which incorporates the Trails at Santiago Creek Specific Plan. These entitlements create vertically consistent documents that cover and include the proposed Project. The other project entitlements shall not take effect unless this General Plan Amendment becomes effective Zone Change and Specific Plan Zone Change The project site is currently zoned Sand and Gravel (S-G) and R-1-8 by the City of Orange Zoning Code. The S-G land use designation reflects the previous surface mining activities and the current sand and gravel operations that occur on the south side of Santiago Creek. The R-1-8 zoning applies to the portion of the site north of Santiago Creek, adjacent to Mabury Avenue (Attachment No. 18, Exhibit 2.2). The Project involves adoption of the Project Specific Plan and associated development of 128 dwelling units on 40.7 acres within the area designated S-G and the preservation of the remaining acreage (which overlaps with the S-G and R-1-8 designations) as open space and recreation uses. Accordingly, the Applicant is proposing to rezone the entire site to Specific Plan consisting of Residential Single Family (R-1-8 (SP) and SP R-1-10 (SP)) and Open Space (OS (SP)) designations (Attachment No. 18, Exhibit 2.2). These land use and zoning changes are necessary to allow the proposed development on the site, and are consistent and compatible with the other surrounding residential land use designations (Attachment No. 19, Table 3.10-2: General Plan Consistency Analysis). Additionally, these changes further the community vision for the Santiago Creek open space corridor. With adoption of the Zone Change and implementation of the Specific Plan, the proposed zoning would be consistent with the proposed General Plan designations for the site. The proposed development character would also be compatible with existing surrounding development. Specific Plan The Project proposes a Specific Plan (Attachment No. 18) that would serve as zoning, tailored specifically to the site to implement the City of Orange General Plan. It effectively establishes a link between implementing policies of the General Plan and the individual development proposals in a defined area. The Specific Plan has been crafted to conform with the proposed amended General Plan designation proposed for the site. Any subsequent development associated with the Project must be consistent with the Specific Plan. The Project Specific Plan proposes the transformation of a rock and concrete materials recycling and backfilling operation to an environmentally enhanced, open space ITEM �� 09/24/2019 environment and single-family detached residential neighborhood. Under the Specific Plan, the majority of the project site (62.7 percent)will be utilized for the rehabilitation and preservation of the natural greenway/open space and Santiago Creek environs, as well as re-establishing open grasslands in areas that have been denuded by the project site's history of commercial operations, totaling approximately 68.5 acres. Recreational trails will provide public access to the enhanced revegetated interior of the site. The proposed Project Specific Plan consists of development standards intended to facilitate clustered development that maximizes open space opportunities on the site and allows residential developmentthat is compatible and consistentwith existing surrounding neighborhoods. The Specific Plan calls for architectural styles for the single-family detached residences, which represent a present-day interpretation of the existing surrounding neighborhoods. To complement Orange Park Acres, materials and features will include primarily gable or shed style roofs, stucco and/or wood/wood-like siding on facades, covered entries or front porches with square posts and beams, primarily rectilinear window forms but occasional arched feature window, corbels, beams or rafter tails, and accent materials of stone, brick and occasionally a slate-like material. Entry monumentation, signage, and lighting will reinforce this equestrian character in design interpretation and materials (stone, timbers, and rustic metals). Edge treatments and any public landscape within Planning Area C will utilize plant materials and be designed in character with the natural surroundings, i.e. drifts and swaths of grasses and shrubs, vines, and accent plantings in informal/natural patterns. Residential development standards for the Specific Plan are intended to be applied in concert with the standards contained in the City of Orange Zoning Code, Chapter 7.14, Residential District, Section 17.14.070, General Requirements, Table 17.14.070, Residential Development Standards R-1-8 and R-1-10. The Specific Plan caps the number of residential units at 128, allowing for no more than 128 units to be built. The Specific Plan and Development Agreement control the maximum number of units that would be developed on the site. A request for additional units above the 128 units would require amendments to the Specific Plan and Development Agreement that would need to be approved by the City Council.Additional description of the purpose, intent, authority, and format of the project Specific Plan is contained in Attachment No. 18. Development Agreement A Development Agreement (Attachment No. 17)will be entered into between Milan REX, LLC, and the City of Orange for certain public benefits including the acquisition of Ridgeline Golf Course, funding for equestrian and recreational purposes, funding for the greenway rehabilitation/enhancements, funding for trail improvements, and circulation improvements. In consideration of the public improvements to be provided by the Project, the Development Agreement will provide the Applicant with vested rights to develop the Project in accordance with the Development Agreement and the City's General Plan, ordinances, polices, rules, and regulations, existing on the effective date of the Project approval. In an effort to address general community concerns and interests, related to traffic on Santiago Canyon Road and Cannon Street, the preservation of Santiago Creek as a ITEM �2 09/24/2019 greenway open space, flooding, and elimination of the current sand and gravel operation, the Applicant is offering the following contributions for the purposes of public benefits related to the development of the site, open space, and recreation. • A maximum number of 128 single-family detached lots located in the southerly portion of the property and will consist of housing types and lot sizes compatible with the surrounding neighborhoods. • Fund up to $1,000,000.00 for traffic improvements to widen Santiago Canyon Road and restripe Cannon Road prior to the issuance of the first certificate of occupancy for the Project. • Fund up to a maximum of$4,100,000.00 in landscape and other improvements for the Santiago Creek Greenway. Said Improvements are to be completed or funded prior to the issuance of the 60th Certificate of Occupancy for the Project. • Fund $1,000,000.00 to be used for local area-wide equestrian trail purposes prior to the issuance of the first Certificate of Occupancy for the Project. • Finance and fund the City's acquisition of the closed Ridgeline Country Club/Golf . Course Property, which will provide the community an additional approximately 50 acres of public open space prior to the issuance of the first Certificate of Occupancy for the Project. • Provide $2,000,000.00 for equestrian and recreational purposes in the East Orange Area as determined by the City prior to the issuance of the first Certificate of Occupancy for the Project. These contributions are memorialized in the proposed Development Agreement and items further the broad community objectives of improving area traffic conditions, trail linkages, and enhancement of and maximizing of the recreational and environmental potential of Santiago Creek. This funding also supports retention of the equestrian character of Orange Park Acres by addressing trails and the Ridgeline property. Circulation Existing pedestrian circulation in the project area is provided via existing public sidewalks along the south side of East Santiago Canyon Road east of the project site, terminating at the Mara Brandman Equestrian Center and resuming west of Nicky Way. There is no public sidewalk on the north side of Santiago Canyon Road abutting the project site or west of the site. There are existing public sidewalks on both the east and west sides of Cannon Street. Class II bike lanes (on-street bike lanes delineated by painted strips and other features) exist along the north and south sides of East Santiago Canyon Road and the east and west sides of Cannon Street. A public Recreation Trail currently exists along the north side of East Santiago Canyon Road adjacent to the existing Reserve neighborhood to the east of the project site. The Santiago Creek Bike Trail exists along the north boundary of the site, extending from Cannon Street east to the easterly project boundary and further on to Santiago Oaks Regional Park. The Circulation Plan for the Project provides for the movement of vehicular traffic within the development area while creating a comfortable environment for pedestrians, bicyclists, and equestrians through the inclusion of both a regional and local on-site trail system. The trail system provides internal connectivity within The Trails at Santiago Creek, as well as the potential for external connections to the greater Orange community, ITEM 13 09/24/2019 Santiago Oaks Regional Park, the existing regional trail system, and other off-site destinations and amenities. The influence of the project's natural open space surrounding the residential neighborhood and the network of multi-use trails and amenities within the open space further the quasi- rural equestrian character of the neighborhoods and integrate the project with the equestrian circulation network. Residential/local streets will have curb adjacent landscape parkways planted with street trees in character with the surrounding natural environs. Pedestrian and bicycle connectivity from proposed the residential neighborhoods to the surrounding open space and trail network will be via trail paseos extending into existing neighborhoods as well as via Trail F, referred to as the "Handy Creek Easement Linear Park". Proposed access to the project will be provided via one proposed full access signalized entry road, located directly opposite Nicky Way, along East Santiago Canyon Road. No parking will be allowed along either side of the entry road. Sidewalks will be located on each side of the entry road separated by a landscaped parkway. Implementation of the Specific Plan and associated Project will fund up to $1,000,000.00 for traffic improvements to widen Santiago Canyon Road and restripe Cannon Road. Within the proposed residential neighborhood (Planning Area C), local streets will be designed in accordance with the City of Orange 100 Series—Street Improvement Standards, Standard Plan 106 Local Streets, Case I and Case II. Streets will have one travel lane in each direction and sidewalks separated by a landscape parkway. Parallel parking will be allowed on one or both sides of the street pending neighborhood design. 7. KEY ITEM DISCUSSION The following items are being discussed, as these are the key items raised in the public comments. Item 1: Land Use Designations Amendment to the City of Orange General Plan The Project site is governed by the City's 2010 General Plan. The City's General Plan designates the property as RA, OP, and LDR. The proposed General Plan Amendment would re-designate Planning Area C (Attachment No. 18, Exhibit 4.5) from RA to LDR (40.7 acres). The existing LDR parcel north of the creek, and the remaining RA lands would be designated OS (68.5 acres). The proposed residential development furthers the City's General Plan Land Use Element, in that it fosters land use compatibility to a greater extent than the existing activity on the site. The Project would redevelop a site previously used for surFace mining activities to support up to 128 dwelling units and open space and recreation uses. The Project would provide new housing opportunities, this is consistent with the goal of meeting current, and future needs with a diverse and balanced mixed of land uses. The Project helps to implement the open space and trail connectivity objectives of the General Plan. The proposed land use changes and associated open space and trail improvements further the implementation of the community-based Santiago Creek Vision Plan, and the City's Master Plan of Recreational Trails, implementing the Natural Resources Element ITEM 14 09/24/2019 with its incorporation of the extensive trail system and open space linkage. The Project would provide acreage for open space and recreation use, including a greenway along Santiago Creek. Within the greenway would be a trail network, which would allow public access to the waterway. The proposed General Plan Amendment is consistent with the East Orange General Plan and the Orange Park Acres Plan, in that the Project furthers the vision of these neighborhood plans and is consistent with the existing development of the surrounding area. The residential component of the Project has a density of 3.1 dwelling units per acre and is consistent with the medium low density within the East Orange General Plan area located to the south. The proposed site design would align with the Orange Park Acres Plan concept of"clustering" in order to retain open space areas. The proposed residential units are "clustered" on approximately 40 acres, and the majority of the site (68.5 acres) designated as open space linking to the Santiago Oaks Regional Park system and would expanding the existing trail nefinrork. Staff believes that the General Plan Amendment would further the objectives of the City's General Plan given that the Project components implement various General Plan elements. Item 2: Density and Lot Size The project and related Specific Plan proposes and caps development potential at 128 units, equating to 3.1 dwelling units per acre. This density is reflective of the density and residential lot sizes in the surrounding neighborhoods of Mabury Ranch, The Colony North, and Creekside Ranch, Orange Park Acres at Orange Park Boulevard and East Santiago Canyon Road, and Jamestown. The Mabury Ranch single-family neighborhood to the north of the site has a General Plan designation of LDR and is similarly zoned R-1-8. The Reserve single-family neighborhood that forms the eastern boundary of the site has a General Plan designation of Estate Low Density (ESTR) and is zoned R-1-40 and has typical lot sizes of 20,000-44,000 square feet. Surrounding residential uses to the east have typical lot sizes less than 10,000 square feet. The neighborhoods south of the project site are zoned R-1-8, R-1-10, R-1- 20, and R-1-40. The Jamestown neighborhood has a General Plan designation of LDR and has typical lot sizes of 8,000-11,000 square feet. The Orange Park Acres neighborhood has typical lot sizes of 50,000 square feet to 1 acre plus. The Eichler Homes neighborhood to the southwest has a General Plan designation of LDR and typical lot sizes of 7,600-12,000 square feet. The Colony-South neighborhood has a General Plan designation of LDR and typical lot sizes of 7,000-10,000 square feet. The proposed Project includes three different single-family detached lot programs ranging in size from 8,000 to 9,000 square feet (82 Lots); 9,200 to 10,000 square feet (17 Lots); and 10,000 square feet and greater(29 Lots). The largest lots are located in the east side of Planning Area C adjacent to The Reserve. Each lot is being subdivided to meet the City's R-1-8 or R-1-10 standards. The Project's residential area would have a similar density and lot size to the nearby communities of Jamestown, and Mabury Ranch. The density would be similar to Broadmoor Homes, Leadership Housing Specific Plan, and Pacesetter Homes within the ITEM 15 09/24/2019 Orange Park Acres area. The proposed residential density and lot size is in direct response to the cluster concept described in the Orange Park Acres Plan, for the purpose of retaining open space areas near residential clusters. Staff believes that as evidenced by the surrounding neighborhoods, the proposed density and lot sizes are compatible. For these reasons stated above, the proposed density is consistent with the neighborhood densities and is consistent with the East Orange General Plan and the Orange Park Acres Plan. Item 3: SurFace Mining and Reclamation Act(SMARA) The project site was used primarily for surface mining of sand and gravel, aggregates mining, and ancillary uses from 1919 through 1975. Evidence of the past mining operation remain on approximately 40 acres befinreen Santiago Creek and East Santiago Canyon Road. This area is characterized by soil piles, berms, and unpaved roads. An approximately 5-acre area near East Santiago Canyon Road supports a materials recycling operation that includes apparatus for crushing boulders, bricks, rocks, and similar materials for recycling. Materials used for these operations originated primarily from off-site sources. The materials generated by these operations have historically been used both on-site and transported off-site. Ancillary uses included administration and maintenance buildings, caretaker residence, material testing laboratory, driver's shack, rock crushing facilities, several aboveground and belowground fuel storage tanks, and two hot-mix asphalt plants. The Surface Mining and Reclamation Act (SMARA) provides guidelines for the classification and designation of mineral lands. The California Geological Survey has produced a report and a Mineral Land Classification Map. The Classification Map designates areas where important Production Consumption deposits occur, and are categorized in Mineral Resource Zones (MRZs). The project site is located within Mineral Resource Zone 2 for aggregate as designated by the State Mining and Geology Board. However, surface mining on the project site ceased prior to January 1, 1976. Under SMARA, a mining reclamation plan is required only for post-1975 mining operations. As such, a mining reclamation plan under SMARA is not required for the project site. This issue was fully evaluated in 2003 by the State Office of Mine Reclamation (OMR) and by the City. It was at that time the OMR and the City determined that SMARA did not apply to the site (Attachment No. 19, Appendix M). Further, SMARA applies to surface mining, and does not apply to grading projects that are moving earth from one place to another. Therefore, grading activities for the project pursuant to the Sand and Gravel Extraction District (SG) zone is not subject to SMARA. Nevertheless, at the May 14, 2019 Orange City Council meeting, the Orange Park Association Board submitted a letter (Attachment 6) reaffirming the Orange Park Association Board's belief that the provisions of SMARA apply to the project site. In particular, Orange Park Association relied on the advice of a State Mining and Geology (SMG) staff member who opined that the City must comply with the California Public Resources Code (PRC) prior to approving a project on the Trails project site. Specifically the SMG staff member cited the City's need to comply with PRC 2762(d). ITEM 16 09/24/2019 In response, on June 6, 2019, the City Attorney contacted Jeffrey Schmidt, Executive Officer for the State Mining and Geology Board (Board). Mr. Schmidt requested a letter of explanation from the City and stated that in most instances the Executive Officer, in consultation with the State Geologist, is responsible for responding on behalf of the Board. Accordingly, the City Attorney sent a letter to the Executive Officer, copying two Acting State Geologists, seeking a determination from the Board regarding the applicability of PRC 2762(d)(1) (Attachment 7). Subsequently, on June 19, 2019, the City Attorney received an email communication from the Executive Officer (Attachment 8) affirming that ". . . the Board feels that the Trails at Santiago Creek Project, . . . is not subject to this provision." This most recent communication from the State confirms the City's position that SMARA and provisions contained in the PRC are not applicable to the project site. Item 4: Villa Park Landfill The Villa Park Landfill site located immediately adjacent to the west of the project site was originally a sand and gravel mine until 1962 when the site was repurposed as a landfill. The Villa Park Landfill was operated by Orange County (OC) Waste & Recycling as a Class III municipal solid waste landfill from 1962 to 1966. The landfill property is approximately 18 acres, of which approximately 11 acres were used for waste disposal. The landfill was closed in 1966 in accordance with closure regulations in effect at the time. OC Waste & Recycling has since been implementing post-closure monitoring and maintenance of the Villa Park Landfill. The Villa Park Landfill is not equipped with an engineered artificial liner or with a leachate collection and removal system because this landfill predates regulatory requirements for these measures. An active gas collection system has been installed at the site to control, collect, and flare landfill gas generated in the buried refuse. Groundwater monitoring, vadose zone perimeter gas probe monitoring, and site maintenance is conducted by OC Waste & Recycling on a regular basis. Tait Environmental Services conducted a Phase II Environmental Site Assessment (ESA) of the project site that evaluated potential exposure of the proposed development to hazardous materials from the past land use activities and the neighboring landfill. Tait Environmental Services found that there was the potential for (1) vapor intrusion of Trichloroethylene (fCE) and methane into future dwelling units and (2) elevated levels of Total Petroleum Hydrocarbons in the soil. To reduce any potential risks associated with hazardous materials on the project site, Mitigation Measures HAZ-2a to HAZ-2c contained in the RDEIR will be required where vapor intrusion has the potential to occur and will reduce impacts to a level of less than..significant. These measures will apply to: 1) any occupied structures within 1,000 feet of the landfill boundary; and/or 2) structural systems to prevent gas-related hazards are required to be reviewed and approved by the County of Orange Health Care Agency/Local Enforcement Agency. These measures require a supplemental Phase II ESA to be prepared and appropriate measures to be taken to remediate any hazardous conditions to the satisfaction of the California Department of Toxic Substance Control, with final confirmation by the City prior to the issuance of building permits. ITEM �� 09/24/2019 Item 5: Dam Safety and Risk of Failure Villa Park Dam is located approximately 1.5 miles upstream of the project site and is owned and operated by the Orange County Flood Control District. The dam was completed in 1963 and is used for flood control purposes; it does not store water for municipal use. Villa Park Dam is an earth/rock-fill structure that has a capacity of 15,600 acre-feet. The Orange County Operational Area Emergency Action Plan Dams/Reservoir Failure Annex indicates that it would take a dam failure flood wave 105 minutes to reach the project site from Villa Park Dam. Santiago Dam is located 5 miles upstream of the project site. The dam was completed in 1931 and impounds Irvine Lake. Santiago Dam is an earth/rock-fill structure that is 136 feet tall and 1,425 feet long. The dam is designed to contain up to a 50-year flood and withstand a 500-year flood event of over 30,000 cubic feet per second. The Orange County Operational Area Emergency Action Plan Dams/Reservoir Failure Annex indicates that it would take a dam failure flood wave 255 minutes to reach the project site from Santiago Dam. The California Department of Water Resources Division of Safety of Dams oversees dam safety and requires local dam operators to maintain records concerning maintenance, operation, staffing, and engineering and geologic investigations that pertain to their facilities. Division of Safety of Dams personnel have the ability to inspect dams for safety and require operators to implement corrective measures if deficiencies are found. Additionally, the Division of Safety of Dams oversees alteration and repair of dams. Serrano Water District that owns and operates Santiago Dam and Orange County Flood Control District that owns and operates Villa Park Dam are responsible for compliance with State laws that pertain to the safety of the facilities. The United States Army Corps of Engineers National Inventory of Dams conducts inspections on dams. During its last inspection in 2018, the Santiago Creek Dam received a rating of satisfactory, likewise; Villa Park Dam also received an assessment rating of satisfactory. The California Division of Safety of Dams' "satisfactory" condition assessment indicates that no existing or potential dam safety deficiencies are recognized. The 100-year flood hazard areas within the project site overlap with the Santiago Creek channel. The Project would establish a greenway along the creek corridor and, thus, would not alter the existing 100-year flood hazard areas. Furthermore, the proposed residential uses would be located outside of the 100-year flood hazard areas. The areas mapped as 500-year flood hazard areas mostly coincide with areas proposed for open space and recreation, however; approximately 15 acres of the residential area overlaps with this 500-year flood hazard area. Federal regulations allow for residential uses in this area. In the interests of promoting awareness about the potential for dam failure and making future residents aware of evacuation procedures, Mitigation Measure HYD-5 contained in the RDEIR requires the Applicant to prepare and implement an emergency evacuation plan prior to the issuance of building permits. With the implementation of mitigation, impacts would be less than significant. Based on the conditions of the dams, state maintenance programs, flood zone areas in relation to the development footprint, and proposed Mitigation Measures, Staff believes that the Project is acceptable with respect to dam safety and flood risk. ITEM �s 09/24/2019 Item 6: Open Space It is the intent of The Project to provide a recreational trail system that avails the open space areas and the Santiago Creek environs to the Orange community and general public at large, and becomes an integral part of the City's and County's trail master plans via connectivity opportunities. As part of the Project, the long-term care, maintenance, and stewardship of the open space grasslands and trails is intended to be overseen by a conservancy, OC Parks, the project homeowners association, a non-profit, landscape maintenance district, or another similar entity as specified in the proposed Development Agreement. As a result, the Santiago Oaks Regional Park can be expanded and amenities added as part of the entitlements for the proposed Project (Attachment No. 18, Exhibit 6.23). The City of Orange and OC Parks had initial discussions beginning in July 2018, related to the long-term stewardship of the Santiago Creek Greenway and Grasslands Open Space area. On April 1, 2019, as the development kept moving forward, the City of Orange Community Development Director sent a letter to the Director of OC Parks requesting to discuss the potential stewardship of the Santiago Creek Greenway and Grasslands Open Space area (Attachment 9). In response, OC Parks, the City of Orange, and the Applicant met on May 15, 2019, in which OC Parks expressed interest in the long-term stewardship of the Santiago Creek Greenway and Grasslands Open Space area and would be requesting additional information from City staff and the Applicant should the development process move forward. On June 25, 2019, City staff received correspondence from OC Parks expressing an interest in the Santiago Creek Greenway and Grasslands Open Space areas (Attachment 10). However, OC Parks also indicated in their letter that they did not have sufficient information to make a recommendation to the County Board of Supervisors. This was not surprising to City staff as it was expected that OC Parks would be asking for additional information before a recommendation could be made based on the May 15, 2019 meeting with OC Parks. The Applicant and City staff will continue to work together for long-term stewardship of the Santiago Creek Greenway and Grasslands Open Space areas. No commitment has been made by OC Parks for long-term stewardship of the open space grasslands and trails as part of this Project. In the event that OC Parks will not provide management and maintenance for the open space grasslands and trails, the Applicant has proposed alternative solutions including the Project's homeowners association, landscape maintenance district, a non-profit, or another similar entity. Santiago Creek Corridor Plans The uses within the open space planning areas are compatible with and reflective of uses as described in the Santiago Creek Vision Plan (2018), Santa Ana River, Santiago Creek Greenbelt Plan (1971), and the Santa Ana River/Santiago Creek Greenbelt Implementation Plan (1976). Other documents that guided proposed uses and/or trails included the City of Orange General Plan Circulation and Mobility Section, the East Orange General Plan (1975), the Orange Park Acres Plan (1973), and the Riding and Hiking Trails Map of Orange Park Acres and Vicinity. The Santiago Creek Greenway Alliance supports the Creek, Trails, and Open Space (Attachment 11) components of the project, but takes no position on the housing ITEM 19 09/24/2019 component of the project. The Santiago Creek Greenway Alliance believes that the trail system and open space components are supportive of their vision for the Santiago Creek Trail and Greenway. In addition, according to the Santiago Creek Greenway Alliance, � open space grasslands and trails should be cared for and maintained by OC Parks as part of the regional park system, in order to ensure that the habitat will be properly managed for public benefit. As outlined in the Project Benefits of the Specific Plan, approximately $4,100,000.00 in landscape and other improvements for the Santiago Creek Greenway will be funded, as part of the Project. Further, the implementation of the Specific Plan and associated Project will provide $2,000,000.00 for equestrian and recreational purposes in the East Orange Area as determined by the City prior to the issuance of the first Certificate of Occupancy for the Project. , Staff believes that the Project implements long standing community interest in trail and greenway enhancements along this easternmost stretch of the Santiago Creek corridor. Item 7: Fuel Modification Fuel modification is defined by controlling the types, density, and moisture content of plants. A fuel modification plan consists of a strip of land where combustible vegetation has been removed and/or modified in order to provide a reasonable level of protection to structures from wildland fires. Fuel modification zones are to be designed, as per the Orange Fire Code, Section 320 (per Orange Municipal Code Section 15.32.020). The intent of these zones is to create breaks between wildland areas and structures (specifically homes). The Project is in a Climate and Topographic Very High Fire Hazard Zone as defined in O.M.C. Section 15.36.010. Fuel modification zones shall also comply with the vegetation clearance requirements prescribed in the California Public Resource Code 4291 California Government Code Section 51182. Within the project site, a 150' fuel modification zone has been established along the northern and eastern edge of � Planning Area C. If the Specific Plan's open space in Planning Areas A and B is dedicated to the City of Orange, County of Orange, or other entity, the Applicant will retain an easement for fuel modification zone maintenance at the time of final mapping. Therefore, staff believes the project takes the necessary measures needed to protect the proposed development form wildland fire hazards to the extent possible. � Item 8: Transportation/Traffic Traffic movement on East Santiago Canyon Road and through intersections in the vicinity of the Project is less than desirable at peak hours. The current average vehicle trips on East Santiago Canyon Road between Cannon Street and Orange Park Boulevard are 32,400. The existing trip generation potential of the existing materials recycling and backfilling operation based on existing counts totals 686 daily trips. The Project has the potential for 1,228 daily vehicle trips; this represents a net increase of 542 daily trips over the existing truck activity generated by the site. Although there would be an increase in traffic generated by the Project, the traffic would consist of passenger vehicles rather than the current rock crushing operations traffic generated by heavy-trucks. ITEM 20 09/24/2019 Based on the City of Orange Traffic Impact Analysis (TIA) Guidelines (50 peak-hour trips) and County of Orange Congestion Management Plan (CMP) criteria (3 percent average daily traffic [ADT] increase) the project will not be in conflict with the CMP, including, but not limited to level of service standards and travel demand rneasures, or other standards for designated roads or highways. The project proposes several improvements to the surrounding roadways and intersections, thus ensuring increased capacity and adequate traffic flow in the area. These capacity improvements involve roadway widening and/or re-striping to reconfigure (add lanes) to specific approaches of key intersections. The Project will fund up to $1,000,000.00 for traffic improvements to widen Santiago Canyon Road and restripe Cannon Road prior to the issuance of the first certificate of occupancy for the Project. However, the project contributes to pre-existing deficient conditions at the intersection of Orange Park Boulevard/East Santiago Canyon Road. Therefore, the Applicant is proposing Mitigation Measure TRANS-2, which would pay for their fair share fees to restripe the northbound approach of Orange Park Boulevard at East Santiago Canyon Road to provide one exclusive left-turn lane and one shared left-turn/right-turn lane. Despite the fair share contribution provided through Mitigation Measure TRANS-2 mitigating the Project's impacts at Orange Park Boulevard/East Santiago Canyon Road, impacts would be significant and unavoidable as the Orange Park Boulevard/East Santiago Canyon Road intersection is not listed in the City of Orange Master Plan of Arterial Highways, or any similar plans. The Applicant's fair share responsibility for these improvements is 18.2 percent. Staff believes that although the project will generate a net increase of 542 daily trips, given the fact that the project will not trigger any impacts based on the City's TIA Guidelines of 50 peak-hour trips and the Project's improvements to the existing transportation system, the projects impacts will not be significant. . Item 9: Significant and Unavoidable Impacts Although most potential Project impacts have been substantially avoided or mitigated, as described in the Findings of Fact, complete mitigation is not feasible for Air Quality and Transportation and Traffic impacts. The City finds that the following impacts would have a significant impact under CEQA that cannot be reduced to a level of less than significant, despite implementation of design features and mitigation measures. • AIR-1: The project may conflict with or obstruct implementation of the applicable air quality plan. • AIR-2: The project may violate any air quality standard or contribute substantially to an existing or projected air quality violation. • AIR-3: The project may result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard. • TRANS-2: The project may conflict with an applicable plan, ordinance, or policy establishing measures of effectiveness for the perFormance of the circulation system under Year 2022 Traffic Conditions. The City, after balancing the specific economic, legal, social, technological, and other benefits of the proposed Project, has determined that the unavoidable adverse environmental impact identified above may be considered acceptable due to the following ITEM 2� 09/24/2019 specific considerations that outweigh the unavoidable, adverse environmental impact of the Project. The Statement of Overriding Considerations are listed below, each of which standing alone is sufficient to support approval of the Project. • The Project provides 128 single-family housing units in the City of Orange, which will assist the City in meeting its fair-share housing allocation imposed by the Southern California Association of Governments. The Project will locate residential units on the southern portion of the site, thereby preserving the majority of the site for open space, recreation, and greenway uses. • The Project provides approximately 68.5 acres of open space and recreation, including open space improvements, which will increase recreational opportunities in the City. On the Property, 12.6 acres that are currently zoned low density residential will be rezoned to open space as part of the Project. The Project will enhance and protect the Santiago Creek corridor and will provide a network of interconnected trails that provide access to Santiago Creek and Santiago Oaks Regional Park. Trails will be preserved and will be open to the public. The Development Agreement specifies that the Applicant will contribute $4.1 million to construct greenway improvements for Santiago Creek, $1 million for trail improvements in East Orange, and $2 million for equestrian and recreational purposes. • The Project, pursuant to the Development Agreement, provides funding for the community's acquisition of the Ridgeline property, which will provide the community with an additional approximately 50 acres of open space. • The Project is consistent with the goals and policies of the City's General Plan, the Orange Park Acres Plan, and the East Orange Plan. • Project implementation would eliminate the sand and gravel operation on the property and abate potentially hazardous soil conditions on the Property. • Project implementation would provide a circulation system that minimizes adverse effects on local residential neighborhoods. Project implementation would improve local circulation by widening East Santiago Canyon Road and restriping Cannon Road. . • Project implementation would generate revenue to the City of Orange as a result of property taxes and related�fees from the proposed residential development. The revenue could be used by the City to provide public services and facilities, including fire and police protection and other amenities and services available to the residents of the City. Project implementation would result in school impact fees to the City to fund capital improvements to school facilities. Further, Project implementation will provide the City with fair share fees to restripe the northbound approach of Orange Park Boulevard at East Santiago Canyon Road to provide one exclusive left-turn lane and one shared left-turn/right-turn lane. • Project implementation would slow, reduce, and meter the volume of runoff leaving the site. For these reasons, staff believes that the Statement of Overriding Considerations, which have balanced the benefits of the Project against its significant unavoidable adverse environmental impacts support the request for the Findings of Fact. Orange Park Association Board The Applicant provided written correspondence to the Orange Park Association Board (Board) on March 15, 2019 (Attachment 12), in accordance with City Council Resolution 10081. With the official notification, the Board had until April 1, 2019 to provide a written ITEM 22 09/24/2019 recommendation to the Planning Commission. The Board President requested an extension in order to allow enough time to have a Board meeting to discuss the proposal. The Community Development Director gave an extension until April 15, 2019. The Board met on April 8, 2019, staff received correspondence from the Board President on April 19, 2019, (Attachment 13) indicating that the Board unanimously recommends to the Planning Commission that the project be rejected. The stated reasons for the recommendation to reject the project include: (1)the site is not consistent with the Orange Park Acres Plan (based on current and future land use). The Orange Park Acres Plan currently calls for open space on the area proposed for homes; (2) the property owner has not complied with SMARA requirements; (3) contaminants exist on the site; (4) additional traffic during and after project buildout; (5) difficulty evacuating residents in case of flood or fire; (6) proximity to the landfill area; (7) the biological analysis in the RDEIR is out of date; (8) the project provides no reclamation plan for restoring Santiago Creek. The correspondence does not include any type of analysis on the reasoning as to why they believe the project does not comply with the Orange Park Acres Plan. City of Villa Park Throughout the environmental review process, the City of Villa Park has made numerous comments on the DEIR and the RDEIR, related to possible impacts to the City of Villa Park. On July 2, 2019, the City of Villa Park submitted a letter (Attachment 14) to the City of Orange related to the Project, indicating that the Applicant had meet with the City of Villa Park. The letter states that the Applicant reached out to the City of Villa Park in an effort to determine what measures, if any, could be taken and may be implemented to help mitigate the perceived impacts to the City of Villa Park. In working with the Applicant, the City of Villa Park has identified nine "proposed conditions" that have been mutually agreed to by both parties. The City of Villa Park has respectfully requested that the City of Orange adopt them as part of the approval of the project. With the nine requested conditions that have been agreed to by the Applicant, the City of Villa Park is supportive of moving forward with the proposed Project. , Planning Commission Hearings On July 15, 2019 and on August 5, 2019, the Planning Commission conducted public hearings for the proposed Project. The Commission considered the entire record, including the staff report (Attachment No. 2), memorandums (Attachment No. 4), all testimony, and such additional information offered at the public hearing as reflected in the Planning Commission minutes (Attachment No. 5). The Commission as a whole commented on topics such as applicability of the General Plan in relation to the East Orange General Plan and the Orange Park Acres Plan, applicability of SMARA, dam safety, fire and flood issues, adequacy of traffic, enhancement of the open space, concurrence with the environmental documents, and the findings. The Commission adopted Resolution No. PC 07-19, Resolution No. PC 08-19, Resolution No. PC 09-19, and Resolution No. PC 10-19 (Attachment 3) recommending approval to the City Council by a vote of 4-1. Conclusion With the implementation of the approvals described above, the development will be consistent with the objectives, policies, general land uses, and programs specified in the 2010 General Plan. Further, the site will be transformed from a sand and gravel operation that is no longer compatible with the surrounding land uses to a development that will ITEM 23 09/24/2019 provide 128 dwelling units on 40.7 acres and 68.5 acres that will comprise of natural hillsides, re-established grasslands, a restored Santiago Creek riparian corridor, and a managed vegetation/fuel modification zone. The General Plan Housing Element calls for the City to encourage the production of infill housing, and recognizes the ongoing long-term demand for increased housing inventory in the community to serve a variety of citizens through providing diversified housing types " and costs. The residential planning area will abide by the City of Orange Zoning Code Development Standards for R-1-8 and R-1-10 (Single-Family Residential) development. The largest lots are located in the east side of Planning Area C adjacent to The Reserve and more distant large lot development of Orange Park Acres. The Natural Resources Element calls for the City to provide recreational uses and the protection of natural resources and features in open space areas by promoting development of additional open spaces and access points adjacent to waterways and planned trails. Public improvements in the form of the acquisition of Ridgeline Golf Course, funding for equestrian and recreational purposes, funding for the greenway, funding for trail improvements, and circulation improvements are outlined in the Development Agreement. 8. ATTACHMENTS 1. City Counicl Draft Ordinance and Resolutions 2. Planning Commission Staff Report dated July 15, 2019 3. Planning Commission Resolution Nos. PC 7-19, PC 8-19, PC 9-19, and PC 10-19 4. Planning Commission Memorandums dated July 11, 2019, July 15, 2019, August 2, and Agust 5, 2019 5. Planning Commission Minutes dated July 15, 2019, and August 5, 2019 6. Orange Park Association Letter on SMARA dated May 14, 2019 7. City of Orange Letter addr.essed to the California Mining and Geology Board dated June 6, 2019 8. State Mining and Geology Board Response to the City of Orange dated June 19, 2019 9. City of Orange Memorandum to OC Parks dated April 1, 2019 10. OC Parks Memorandum to the City of Orange date June 25, 2019 11. Santiago Creek Greenway Alliance received April 8, 2018 12. Elfend and Associates Inc. Letter to the Orange Park Association dated March 15, 2019 13. Orange Park Association Letter on Its Review of the Project dated April 19, 2019 14. City of Villa Park Letter dated July 2, 2019 15. Public Correspondence dated between August 6, 2019 through September 15, 2019 16. Mitigation Monitoring and Reporting Program 17. Development Agreement 18. Specific Plan 19. Recirculated Draft Environmental Impact Report 20. Final Draft Environmental Impact Report ITEM 24 09/24/2019