City approves haul-permit framework for Milan development, accepts 30.75-acre open-space gift

The City of Orange on Jan. 13 approved staff—hanges to allow a dirt-haul permit for Tract 18163 while accepting a 30.75-acre dedication of open space from Milan REIX LLC.

City staff said the action before the council was ministerial: it authorizes issuance of a haul permit consistent with the project—ntitlements approved in 2020 and with conditions set in the staff report. The permit authorizes a primary land-bridge haul route across the Rio Santiago property (Scenario 1) and preserves a conditional backup route through Mayberry Ranch (Scenario 2) only if the public works director finds the primary route infeasible because of objective regulatory or physical constraints.

Residents from Mayberry Ranch and neighboring Villa Park told the council the backup route would endanger their neighborhoods. "Please vote to deny the developer's request to haul through our neighborhood," said Kelly Herbeck, a Mayberry Ranch resident, describing fears about noise, dust and foundation damage from frequent truck traffic. Drew Whitefeather, another resident, urged council to "limit the dirt haul permit to the single preferred land route, our land-bridge route only."

City staff and the city attorney said regulatory approvals for the land-bridge approach have been secured and that the council—ould not impose new discretionary conditions tonight without triggering CEQA. "The action before you is a ministerial implementation of an already approved project," the city attorney said, adding that ministerial actions do not trigger CEQA.

Developer representatives said they preferred the land-bridge route and committed to stringent site controls. Daniel Boyd, vice president at D.R. Horton (the builder identified in the record), told the council: "We very much support alternative 1. We detest alternative 2. Our job is to do the best job the quickest way possible, and we will abide by the rules and conditions set by the city." He also said the contractor would provide a full-time superintendent, a 24/7 hotline and daily dust-control measures.

Council members clarified operational details after public comment, asking staff about a 5-minute average headway cited in the applicant ocuments and the 240-truck-per-day maximum in the staff report. Staff said the 240 figure is a contractual maximum; the applicant's traffic management plan used a 5-minute average headway that would equate to "about 80 to 90" truck trips on a typical day, while allowing flexibility if operations fall behind schedule.

The council approved the staff recommendation with added conditions to mirror protections for Villa Park (including a performance bond) and to add a dedicated Orange 24/7 reporting channel. The motion passed unanimously.

On the same project, council later accepted a land-dedication agreement in which Milan REIX LLC offered to dedicate roughly 30.75 acres (including a ~2.3-acre conservation easement) as permanent open space to be managed by the Irvine Ranch Conservancy. Staff said Milan will fully fund the conservation-easement maintenance. Multiple speakers who have worked on regional open-space projects supported the dedication as a step toward the city chieving its long-term open-space goals. The council approved the dedication unanimously.

What happens next: if implemented, the haul permit will be issued consistent with the conditions approved tonight (work-hour limits, traffic-control plans, bond requirements and enforcement provisions). A grading permit tied to the project will be issued separately and carry additional site controls and inspection requirements.

Sources: staff presentations and project materials provided at the meeting; public testimony; developer remarks recorded during the hearing.