Author Topic: Orchard Hills 3 Residents Smelt Odor From All American Asphalt  (Read 16049 times)

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Offline OH3Buyer

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Orchard Hills 3 Residents Smelt Odor From All American Asphalt
« on: September 15, 2018, 10:28:32 AM »
Dear TI Friends,

Long time lurker, first time poster here.

I'm buying Orchard Hills 3 (Reserve) and currently under contract.  Several people who have moved in OH3 reported that they smelt strong asphalt odor last night and this morning.  When we signed the contract, we were aware of the existence of All American Asphalt plant.  I attached part of the disclosure of the contract regarding the asphalt plant.  It only mentioned noise due to truck traffic, light and steam from the plant, but it never mentioned the smell.  Measuring from the map, the asphalt plant is about 0.85 miles away from the center of OH3.

Previous Orchard Hills communities are farther away from the asphalt plant, so no complaints of the odor.  OH3 is closest to the plant and people just started to move in.  I believe there will be more and more complaints about the odor when more residents move in OH3.

I have a couple of questions:
(1) For an asphalt plant so close, does it pose a health hazard?
(2) If I decide not to buy OH3, can I cancel my contract and get my security deposit back, based on the fact that the builder failed to disclose the odor from the plant (it only disclosed noise, light and steam)?
(3) What are the options for those who have already moved in?

I'd appreciate any opinions/suggestions very much!

OH3Buyer

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Offline WTTCHMN

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Re: Orchard Hills 3 Residents Smelt Odor From All American Asphalt
« Reply #1 on: September 15, 2018, 11:17:02 AM »
Yes, you can cancel.  The Yellow Report you were given was just preliminary since it is new construction.  There is a final copy called the White Report given at closing.

Your neigbors who have moved in already are SOL.

Damn, I didn't read about the asphalt plant in YF's environmental hazard list!!

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Offline OH3Buyer

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Re: Orchard Hills 3 Residents Smelt Odor From All American Asphalt
« Reply #2 on: September 15, 2018, 11:40:01 AM »
Thanks, WTTCHMN!  I wished I had read YF's environmental hazard list beforehand.  :-[ Who still has the list?

Please forgive my ignorance, but what is the Yellow Report?  In my contract, there is a "CONTIGUOUS AREA REPORT" (“CAR Maps”), as well as "PROPERTY DISCLOSURE REPORT" from the escrow.  Is Yellow Report one of these?

If I cancel, do you think I can get my security deposit back?


Offline Compressed-Village

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Re: Orchard Hills 3 Residents Smelt Odor From All American Asphalt
« Reply #3 on: September 15, 2018, 11:43:49 AM »
Dear TI Friends,

Long time lurker, first time poster here.

I'm buying Orchard Hills 3 (Reserve) and currently under contract.  Several people who have moved in OH3 reported that they smelt strong asphalt odor last night and this morning.  When we signed the contract, we were aware of the existence of All American Asphalt plant.  I attached part of the disclosure of the contract regarding the asphalt plant.  It only mentioned noise due to truck traffic, light and steam from the plant, but it never mentioned the smell.  Measuring from the map, the asphalt plant is about 0.85 miles away from the center of OH3.

Previous Orchard Hills communities are farther away from the asphalt plant, so no complaints of the odor.  OH3 is closest to the plant and people just started to move in.  I believe there will be more and more complaints about the odor when more residents move in OH3.

I have a couple of questions:
(1) For an asphalt plant so close, does it pose a health hazard?
(2) If I decide not to buy OH3, can I cancel my contract and get my security deposit back, based on the fact that the builder failed to disclose the odor from the plant (it only disclosed noise, light and steam)?
(3) What are the options for those who have already moved in?

I'd appreciate any opinions/suggestions very much!

OH3Buyer

So this is what the causes of the smell, every time I was in the area. This plant is not going away. Good to know now and looks like you did do your dues diligence. It will make me pause with the purchase as well.

Offline iacrenter

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Re: Orchard Hills 3 Residents Smelt Odor From All American Asphalt
« Reply #4 on: September 15, 2018, 11:56:40 AM »
That weird smell in OH3 is not asphalt, it is money! The houses there are appreciating so quickly that there is actually a gas release every time one is sold. :)

Offline WTTCHMN

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Re: Orchard Hills 3 Residents Smelt Odor From All American Asphalt
« Reply #5 on: September 15, 2018, 05:02:16 PM »
Thanks, WTTCHMN!  I wished I had read YF's environmental hazard list beforehand.  :-[ Who still has the list?

Please forgive my ignorance, but what is the Yellow Report?  In my contract, there is a "CONTIGUOUS AREA REPORT" (“CAR Maps”), as well as "PROPERTY DISCLOSURE REPORT" from the escrow.  Is Yellow Report one of these?

If I cancel, do you think I can get my security deposit back?

The disclosure report is the Public Report aka Yellow Report because it's printed on yellow paper.  It's only provisional.  Once finalized, it's printed on white paper hence the White Report.

You can definitely cancel since the White Report won't be issued until closing.  As for getting your deposit back, you will have to read the contract you signed but I'm guessing you can weasel your way out if you bitch hard enough.  You'd probably lose any deposits for upgrades that you've made.


http://cabuilderservices.com/faqs/#1455316937644-b5df40cf-4797

There are generally three “types” of Public Reports that may be obtained from the Department of Real Estate. The Final Public Report is the only Report required by law; all others are optional. Although there is an additional cost for Preliminary and Conditional Public Reports (See DRE Fees) the timing of your marketing and sales efforts may warrant the expense (What are the DRE timeframes?). The purpose of each report is as follows:

Preliminary Public Report a.k.a. “Pink” report – printed on pink paper. Allows the subdivider to advertise the project and to take reservations and deposits. No Purchase contracts may be signed under this report and all deposits are refundable. In the event of a renewal filing, the Preliminary Public Report is called an “Interim” Public Report. The Preliminary and Interim Public Reports are issued for a term of one year.

Conditional Public Report a.k.a “Yellow” report – printed on yellow paper. Allows the subdivider to enter into binding purchase contracts and to open escrows for the sale of the lots/units in the development prior to issuance of the Final Public Report. This Report is intended for the subdivider who has submitted a complete BRE filing but is delayed in obtaining the final documents required to complete the filing (such as the recordation of the map, approval of the budget by DRE, review and approval of the legal documents by DRE, etc.). The Conditional Public Report is issued for a term of 6* months and may be renewed. If you are unsure whether your application should include a Conditional Public Report, we welcome you to contact us, and let one of our Project Consultants discuss the merits of this type of filing.

Final Public Report a.k.a. “White” report – printed on white paper. This Report is the only Public Report that is actually required by law. The Final Public Report allows the subdivider to market the subdivision; to take deposits, and to open and close escrows. The Final Public Report is issued for a term of 5 years but may be amended without renewing for a full five-year term.

It is important to note that all purchase monies must be deposited into a neutral escrow depository acceptable to the DRE, until title can be conveyed free and clear of any blanket encumbrance, unless special arrangements have been made through submittal of a purchase money bond.

Offline aquabliss

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Re: Orchard Hills 3 Residents Smelt Odor From All American Asphalt
« Reply #6 on: September 16, 2018, 04:16:54 PM »
Wow I had no idea about this, good find.  I would get out of there.  Read this:
https://winchesterinformer.blogspot.com/2010/09/are-asphalt-plants-dangerous-to-our.html

Here’s an excerpt:
“Even if an asphalt plant meets all air pollution standards, people living nearby are still exposed to cancer-causing substances that can cause long-term damage.”

Offline someguy

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Re: Orchard Hills 3 Residents Smelt Odor From All American Asphalt
« Reply #7 on: September 16, 2018, 05:26:57 PM »
At least the wind rarely blows from ENE to WSW.  And not to discount OP's or anyone else's concerns, but perhaps OP smelled fresh asphalt laid on the new OH3 streets as opposed to cancerous death from the asphalt plant. 

Something tells me there would be quite an uproar in all of OH if the asphalt plant was stinking up (and slowing murdering) the community over the past 4+ years.

Offline qwerty

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Re: Orchard Hills 3 Residents Smelt Odor From All American Asphalt
« Reply #8 on: September 16, 2018, 06:21:30 PM »
It may be like asbestos where you die 30 years later

Offline brianlin87

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Re: Orchard Hills 3 Residents Smelt Odor From All American Asphalt
« Reply #9 on: September 18, 2018, 11:15:14 AM »
At least the wind rarely blows from ENE to WSW.  And not to discount OP's or anyone else's concerns, but perhaps OP smelled fresh asphalt laid on the new OH3 streets as opposed to cancerous death from the asphalt plant. 

Something tells me there would be quite an uproar in all of OH if the asphalt plant was stinking up (and slowing murdering) the community over the past 4+ years.

^This.  Having driven up to the construction trailer first hand and seen the continued development of OH3, the OP likely just smelled the the backbone roads to OH3 and access roads to Ravello and other new parcels to be delivered.  The smell of crushing rocks at the All American Asphalt ("AAA") factory operates 24/7 and doesn't really "smell" at all.   Feel free to drive up to their facility to take a whiff for yourself.

Offline iacrenter

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Re: Orchard Hills 3 Residents Smelt Odor From All American Asphalt
« Reply #10 on: September 18, 2018, 09:50:53 PM »
They should just bury the toxic stuff underground like GP. Out of sight, out of mind. Buyers at GP don't mind paying double MR for sanitized top soil and a toxic plume.

Offline zli06

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Re: Orchard Hills 3 Residents Smelt Odor From All American Asphalt
« Reply #11 on: September 19, 2018, 10:16:51 PM »
Wow I had no idea about this, good find.  I would get out of there.  Read this:
https://winchesterinformer.blogspot.com/2010/09/are-asphalt-plants-dangerous-to-our.html

Here’s an excerpt:
“Even if an asphalt plant meets all air pollution standards, people living nearby are still exposed to cancer-causing substances that can cause long-term damage.”


The OSHA article the link cited was written in 1996 and all its reference are from the 80s.

The Federal Highway Administration website has stated new technology has been adapted back in 2004.

Irvine Company has issued an statement as well.

Hope this can help your confidence in OH3 ;D

Offline brianlin87

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Re: Orchard Hills 3 Residents Smelt Odor From All American Asphalt
« Reply #12 on: September 20, 2018, 12:24:54 PM »
So this is what the causes of the smell, every time I was in the area. This plant is not going away. Good to know now and looks like you did do your dues diligence. It will make me pause with the purchase as well.

The 'smell' you likely smell in the area is from the actual construction that is happening on the site (or perhaps the natural habitat and the open space).

Offline Happiness

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Re: Orchard Hills 3 Residents Smelt Odor From All American Asphalt
« Reply #13 on: September 21, 2018, 10:01:36 AM »
They should just bury the toxic stuff underground like GP. Out of sight, out of mind. Buyers at GP don't mind paying double MR for sanitized top soil and a toxic plume.
I wouldn't call putting six inches of clean dirt on top of toxic stuff "burying" it. You'd never be able to get rid of a dead body that way.

Offline OH3Buyer

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Re: Orchard Hills 3 Residents Smelt Odor From All American Asphalt
« Reply #14 on: September 21, 2018, 05:14:24 PM »
Thanks everyone for the reply and suggestions.

I've been driving around OH3 to check out the odor for a couple of times and only once I smelt strong odor which was most likely due to the trucks hauling asphalt to the new Ravello construction.

I was told the Irvine Pacific ("IP") VP will meet with All American Asphalt ("AAA") VP next week to discuss the issues and concerns.  Let's wait and see what outcome they can get from the meeting.  I guess IP executives are very serious (or nervous) about the complaints the sale offices have been receiving.  The closest distance between IP's most expensive Ravello and the plant will be less than 3000 feet.  If residents in Terra, Como and Largo are concerned, residents in Ravello will be even more concerned.  If IP and AAA cannot address OH3 residents' concern, OH3 sale will be in trouble.  If OH3 does not sell well due to impact of AAA, future OH4 will be affected as well.

The best scenario is to move AAA somewhere else but I highly doubt it would happen.  It will be acceptable if IP and AAA can come up with some assurance for limiting toxic emission.  But as long as there is toxic emission, it will be a concern for some.   

 

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