Yorba Linda City Council
August 2, 2022

“EXHIBIT 1”
Exhibit “1”
2021-2029 Housing Element Implementation Programs Page 71  Substantive Evidence
Wildfire risk is the damage a fire can do to people and structures at risk in the area under existing and future conditions. Wildfire likelihood and intensity are considered together qualitatively as wildfire potential, which depends on three main factors: fuel (wildland vegetation), topography, and weather.

Development within or adjacent to areas designated as Very High FHSZ has the potential to exacerbate wildfire risk, particularly if it occurs in areas with steep topography and/or prevailing winds as these conditions contribute to the spread of wildfires. Among the housing opportunity sites, there are two sites (S7-005 and S5-008) that are located within a Very High FHSZ.

Buildout of the Project would allow for the development of 2,410 dwelling units in the City. Future development pursuant to the Project would add people and structures that could be at risk from a wildfire. Future projects would be subject to an environmental review process and federal, state, and local regulations that minimize wildfire risk. Moreover, future development would be required to comply with goals and policies of the City’s General Plan and mitigation measure PS-1 through PS-3 from the City’s General Plan EIR. However, the increase in dwelling units for sites located within a Very High FHSZ could potentially impact wildfire risk and pollutant exposure. Therefore, impacts would be potentially significant. (PEIR, p. 4.11-8)
MM 4.11-2 Prior to issuance of a grading permit for sites within or adjacent to a Very High FHSZ and within a Wildland Urban Interface (WUI) Zone, the project applicant shall prepare a Fire Protection Plan (FPP). Prior to preparation of an FPP, the Project proponent shall coordinate with OCFA to ensure that modeling of the FPP and design of the project is appropriate to meet the requirements and standards of the OCFA. The FPP shall be subject to the review and approval from the City of Yorba Linda and OCFA.

The FPP shall assess a project’s compliance with current regulatory codes and ensure that impacts resulting from wildland fire hazards have been adequately mitigated. The FPP shall also specifically identify the need for fire systems, water availability, construction requirements, and fire-resistant landscaping i.e. fuel modification zones), and appropriate defensible space around structures.

Implementation of Mitigation Measure MM 4.11-2 would ensure the Project’s potential impacts to wildland fire hazards be mitigate through the installation of fire systems, fire-resistant landscaping and appropriate defensible space around structures, and water availability to serve to the Project site. With implementation of the required mitigation and General Plan goals and policies, and EIR mitigation measure PS-1 through PS-3, the Project’s potential impacts to exacerbate wildfire risk would be reduced to less than significant.

“EXHIBIT 1”
Exhibit “1”
2021-2029 Housing Element Implementation Programs Page 72

5.0 ENVIRONMENTAL IMPACTS THAT REMAIN SIGNIFICANT AND UNAVOIDABLE

AFTER MITIGATION
The Yorba Linda City Council finds the project would result in significant and unavoidable impacts in the following impact categories after implementation of all feasible mitigation measures: Air Quality, Greenhouse Gas Emissions, and Noise. In accordance with CEQA Guidelines Section 15092(b)(2), the City Council of the City of Yorba Linda cannot approve the project unless it first finds (1) under Public Resources Code Section 21081(a)(3), and CEQA Guidelines Section 15091(a)(3), that specific economic, legal, social technological, or other considerations, including provisions of employment opportunities to highly trained workers, make infeasible the mitigation measures or project alternatives identified in the EIR; and (2) under CEQA Guidelines section 15092(b), that the remaining significant effects are acceptable due to overriding concerns described in the CEQA Guidelines Section 15093 and, therefore, a statement of overriding considerations has been prepared (see Section 8.0, herein).

5.1 AIR QUALITY

5.1.1 THRESHOLD A
Impact Statement: The Project would conflict with and/or obstruct implementation of the applicable air quality plan.
 Findings
Potential impacts of the Project related to Threshold a are discussed in detail in Section 4.1.6 of the Draft PEIR. The Project is required to comply with Mitigation Measures MM 4.1-1 and MM 4.1-2, which would reduce impacts to the extent feasible.
 Substantial Evidence
Criteria for determining consistency with the AQMP are defined in Chapter 12, Section 12.2 and Section 12.3 of the 1993 CEQA Handbook. These indicators are discussed below:

Consistency Criterion No. 1: The proposed project will not result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new violations, or delay the timely attainment of air quality standards or the interim emissions reductions specified in the AQMP.

Consistency Criterion No. 1 refers to violations of the CAAQS and NAAQS. CAAQS and NAAQS violations would occur if LSTs or regional significance thresholds were exceeded. As evaluated under Thresholds b) and c) below, Project construction-source and operational-source emissions have the potential to exceed the applicable regional significance thresholds for criteria pollutants. Therefore, the Project would have the potential to result in or cause violations of the CAAQS and NAAQS.

Based on the preceding, the Project is determined to be inconsistent with the first criterion and impacts would be potentially significant.

“EXHIBIT 1”
Exhibit “1”
2021-2029 Housing Element Implementation Programs Page 73 Consistency Criterion No. 2: The Project will not exceed the assumptions in the AQMP based on the years of project build-out phase.

The 2016 AQMP demonstrates that the applicable ambient air quality standards can be achieved within the timeframes required under federal law. Growth projections from local general plans adopted by cities in the district are provided to the SCAG, which develops regional growth forecasts, which are then used to develop future air quality forecasts for the AQMP. Development consistent with the growth projections in City of Yorba Linda General Plan is considered to be consistent with the AQMP.

During construction, peak day emissions generated by construction activities are largely independent of land use assignments, but rather are a function of development scope and maximum area of disturbance. Irrespective of the site’s land use designation, development of the site to its maximum potential could occur, with disturbance of the entire site occurring during construction activities. As such, when considering that emissions thresholds could be exceeded, a significant impact would result.

During operation, the Project is intensifying existing land use designations and will also exceed applicable thresholds. Based on the preceding, the Project is determined to be inconsistent with the second criterion and impacts would be potentially significant. (PEIR, pp. 4.1-15 – 4.1-16) MM 4.1-1 Prior to issuance of grading permits, project applicants shall prepare and submit a technical assessment evaluating potential project construction-related air quality impacts (regional and localized) to the City for review and approval. The evaluation shall be prepared in conformance with South Coast Air Quality Management District (South Coast AQMD) methodology for assessing air quality impacts. If constructionrelated criteria air pollutants are determined to have the potential to exceed the South Coast AQMD’s adopted thresholds of significance, the City shall require that applicants for new development projects incorporate all feasible mitigation measures to reduce air pollutant emissions below the significant threshold during construction activities. These identified measures shall be incorporated into all appropriate construction documents (e.g., construction management plans) submitted to the City and shall be verified by the City.

Mitigation measures to reduce construction-related emissions could include, but are not limited to:
• Require construction equipment that meets or exceeds CARB Certified Tier 3 or Tier 4 engine standards.
• Limit the idling time of diesel off-road construction equipment to no more than five (5) minutes.
• Require the use of “Super-Compliant” low VOC paints which have been reformulated to exceed the regulatory VOC limits put forth by South Coast AQMD’s Rule 1113. Super-Compliant low VOC paints shall be no more than

“EXHIBIT 1”
Exhibit “1”
2021-2029 Housing Element Implementation Programs Page 74 10g/L of VOC. Alternatively, projects may utilize building materials that do not require the use of architectural coatings.
• The Construction Contractor shall require by contract specifications that construction operations rely on the electricity infrastructure surrounding the construction site, if available rather than electrical generators powered by internal combustion engines.
• The Construction Contractor shall require the use of alternative fueled, engine retrofit technology, after-treatment products (e.g., diesel oxidation catalysts, diesel particulate filters), and/or other options as they become available, including all offroad and portable diesel-powered equipment. • The Construction Contractor shall require that construction equipment be maintained in good operation condition to reduce emissions. The Construction Contractor shall ensure that all construction equipment is being properly serviced and maintained as per the manufacturer’s specification. Maintenance records shall be available at the construction site for City verification.

MM 4.1-2 Prior to issuance of a grading permit, project applicants shall prepare and submit a technical assessment evaluating potential project operation air quality impacts (regional and localized) to the City for review and approval. The evaluation shall be prepared in conformance with South Coast Air Quality Management District (South Coast AQMD) methodology in assessing air quality impacts. If operation-related air pollutants are determined to have the potential to exceed the South Coast AQMD’s adopted thresholds of significance, the City shall require that applicants for new development projects incorporate all feasible mitigation measures to reduce air pollutant emissions below significance thresholds during operational activities. The identified measures shall be included as part of the conditions of approval.

Possible mitigation measures to reduce operational emissions could include, but are not limited to the following:
• Increase in insulation such that heat transfer and thermal bridging is minimized; • Limit air leakage through the structure and/or within the heating and cooling distribution system;
• Use of energy-efficient space heating and cooling equipment; • Installation of electrical hook-ups at loading dock areas; • Installation of dual-paned or other energy efficient windows;

“EXHIBIT 1”
Exhibit “1”
2021-2029 Housing Element Implementation Programs Page 75 • Use of interior and exterior energy efficient lighting that exceeds then incumbent California Title 24 Energy Efficiency performance standards; • Installation of automatic devices to turn off lights where they are not needed; • Application of a paint and surface color palette that emphasizes light and off-white colors that reflect heat away from buildings;
• Design of buildings with “cool roofs” using products certified by the Cool Roof Rating Council, and/or exposed roof surfaces using light and off-white colors; • Design of buildings to accommodate photo-voltaic solar electricity systems or the installation of photo-voltaic solar electricity systems; • Installation of ENERGY STAR-qualified energy-efficient appliances, heating and cooling systems, office equipment, and/or lighting products. • Landscaping palette emphasizing drought tolerant plants; • Use of water-efficient irrigation techniques;
• U.S. EPA Certified WaterSense labeled or equivalent faucets, high-efficiency toilets (HETs), and water-conserving shower heads.
• Applicants for residential within 1,000 feet of a major sources of TACs (e.g., warehouses, industrial areas, freeways, roadways, and rail lines with traffic volumes over 10,000 vehicle per day), as measured from the property line of the project to the property line of the source/edge of the nearest travel lane, shall submit a health risk assessment (HRA) to the City of Yorba Linda prior to future discretionary Project approval. The HRA shall be prepared in accordance with policies and procedures of CEQA and the South Coast AQMD. If the HRA shows that the incremental cancer risk exceeds ten in one million (10E-06), PM10 concentrations exceed 2.5 microgram per cubic meter (µg/m3), PM2.5 concentrations exceed 2.5 µg/m3, or the appropriate noncancer hazard index exceeds 1.0, the applicant will be required to identify and demonstrate that mitigation measures are capable of reducing potential cancer and non-cancer risks to an acceptable level (i.e., below ten in one million or a hazard index of 1.0), including appropriate enforcement mechanisms. Measures to reduce risk may include but are not limited to:
o Air intakes located away from high volume roadways and/or truck loading zones.
o Heating, ventilation, and air conditioning systems of the buildings provided with appropriately sized maximum efficiency rating value (MERV) filters (e.g., MERV 13 or better).

“EXHIBIT 1”
Exhibit “1”
2021-2029 Housing Element Implementation Programs Page 76 The Project would be inconsistent with AQMP Criterion No. 1 and 2, resulting in a potentially impact significant. The Project would implement development-specific air quality Mitigation Measures (MM

4.1-1 and 4.1-2), to reduce the Project’s construction-source and operational-source air pollutant emissions. Additionally, compliance with South Coast AQMD emissions reductions and control requirements would reduce Project air pollutant emissions. However, as discussed below, it cannot be definitively stated that all future development projects would not exceed the applicable thresholds.

Therefore, impacts would remain significant and unavoidable.

5.1.2 THRESHOLD B
Impact Statement: The Project would result in a cumulatively considerable net increase of criteria pollutants for which the project region is non-attainment under an applicable federal or state ambient air quality standard.
 Findings
Potential impacts of the Project related to Threshold b are discussed in detail in Section 4.1.6 of the Draft PEIR. The Project is required to comply with Mitigation Measures MM 4.1-1 and MM 4.1-2, which would reduce impacts to the extent feasible.
 Substantial Evidence
Construction-related emissions are speculative and cannot be accurately determined at this stage of the planning process. Therefore, such impacts are too speculative to evaluate (see CEQA Guidelines Section 15145). To the extent that specific projects are known, those projects have already been or would be subjected to their own environmental analysis. Additionally, due to the variables that must be considered when examining construction impacts (e.g., development rate, disturbance area per day, specific construction equipment and operating hours, etc.), it would be speculative to state conclusively that construction activity associated with the Project would cause a significant air quality impact.

Notwithstanding, implementation of the Project has a potential to result in a significant impact with respect to construction activity associated with future development projects particularly if multiple construction projects overlap for emissions of CO, VOCs, NOx, SOX, PM10, and PM2.5. Therefore, impacts would be potentially significant.

The estimated operational-source emissions for the proposed Project are summarized in Table 4.1-5, Summary of Peak Operation Emissions, of the PEIR. As shown, the Project will exceed the applicable South Coast AQMD thresholds for VOC, and NOX. Therefore, impacts would be potentially significant. (PEIR, pp. 4.1-16 – 4.1-17)
Please refer to Mitigation Measures MM 4.1-1 and MM 4.1-2, above.

As noted above, there is uncertainty regarding the specific nature of construction activities that would be facilitated by future development projects. All feasible mitigation shall be applied to minimize construction-related significant air quality impacts, including one or more of the measures listed under Mitigation Measure MM 4.1-1, based on project-specific air quality modeling. The mitigation

“EXHIBIT 1”
Exhibit “1”
2021-2029 Housing Element Implementation Programs Page 77 measure(s) to be applied shall be roughly proportional and have a nexus with the project-specific impact identified, consistent with Section 15126.4 of the State CEQA Guidelines.

Despite the implementation of Mitigation Measure MM 4.1-1, which would require future development projects to conduct project-specific analysis and incorporate mitigation measures, it cannot be definitively stated that all future development projects would not exceed the applicable thresholds, especially since some individual projects would exceed the thresholds. As such, the Project would result in a significant and unavoidable impact for emissions of emissions of CO, VOCs, NOx, SOX, PM10, and PM2.5 with respect to future development projects even with implementation of feasible mitigation measures.

Despite the implementation of Mitigation Measure MM 4.1-2, which would require future development projects to conduct project-specific analysis and incorporate mitigation measures, it cannot be definitively stated that all future development projects at buildout would not exceed the applicable thresholds. At buildout, implementation of the Housing Element as evaluated herein would result in an exceedance for VOCs and NOx emissions. Although the Project would implement Mitigation Measure MM 4.1-2 to reduce emissions from VOCs and NOx, it is not possible to know the quantity of emissions that would be reduced by implementing Mitigation Measure MM 4.1-2.

Therefore, the emissions reductions that would be achieved by cannot be accurately quantified and are not accounted for in the analysis herein. As such, a significant and unavoidable impact is presumed even with implementation of Mitigation Measure MM 4.1-2.

5.1.3 THRESHOLD C
Impact Statement: The Project would result in a cumulatively considerable net increase of criteria pollutants for which the project region is non-attainment under an applicable federal or state ambient air quality standard.
 Findings
Potential impacts of the Project related to Threshold c are discussed in detail in Section 4.1.6 of the Draft PEIR. The Project is required to comply with Mitigation Measures MM 4.1-1 and MM 4.1-2, which would reduce impacts to the extent feasible.
 Substantial Evidence
The South Coast AQMD established LSTs in response to the South Coast AQMD Governing Board’s Environmental Justice Initiative I-4. LSTs represent the maximum emissions from a project that will not cause or contribute to exceeding the most stringent applicable federal or state ambient air quality standard at the nearest residence or sensitive receptor. The South Coast AQMD states that lead agencies can use the LSTs as another indicator of significance in its air quality impact analyses.

South Coast AQMD developed LSTs to determine if emissions of NO2, CO, PM10, and PM2.5 generated at a project site (offsite mobile-source emissions are not included in the LST analysis) would expose sensitive receptors to substantial concentrations of criteria air pollutants.

“EXHIBIT 1”
Exhibit “1”
2021-2029 Housing Element Implementation Programs Page 78 To assist lead agencies, South Coast AQMD developed screening-level LSTs to back-calculate the mass amount (lbs. per day) of emissions generated onsite that would trigger the hourly levels for projects under five acres. LSTs represent the maximum emissions at a project site that are not expected to cause or contribute to exceeding the most stringent federal or state AAQS. LSTs are based on the ambient concentrations of that pollutant within the project SRA and the distance to the nearest sensitive receptor. However, consistent with South Coast AQMD guidance an LST analysis can only be conducted at a project-level, and quantification of LSTs is not applicable for this program-level environmental analysis. Future development projects have the potential to exceed LST emissions thresholds. Therefore, impacts would be potentially significant. (PEIR, pp. 4.1-17 – 4.1-18) Please refer to Mitigation Measures MM 4.1-1 and MM 4.1-2, above.

Site-specific localized emissions analysis would be required to address potential impacts from construction and operational activity, pursuant to Mitigation Measures MM 4.1-4 and MM 4.1-2.

Notwithstanding, Mitigation Measures MM 4.1-1 and MM 4.1-2 cannot guarantee that future development projects would in fact reduce all of their localized impacts to less than significant.

Additionally, construction activity would also have the potential to result in carcinogenic and noncarcinogenic emissions associated with diesel exhaust from construction equipment. Since Mitigation Measures MM 4.1-1 and MM 4.1-2 cannot guarantee that future development projects would reduce all of their impacts to less than significant, this impact is considered significant and unavoidable.

5.2 GREENHOUSE GAS EMISSIONS

5.2.1 THRESHOLD A
Impact Statement: The Project would generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment.
 Findings
Potential impacts of the Project related to Threshold a are discussed in detail in Section 4.4.6 of the Draft PEIR. The Project is required to comply with Mitigation Measures MM 4.1-1 through 4.1-2, which would reduce impacts to the extent feasible.
 Substantial Evidence
Future housing development facilitated by the Project would result in a total net potential of 2,410 dwelling units. Assuming an average household size of 2.94 residents per unit, the additional dwelling units would result in the population growth of approximately 7,085 residents. As shown in Table 4.4- 3, Project Scenario GHG Emissions, of the PEIR, construction and operation of the Project would generate a total of 2.93 MTCO2e/SP per year. The Project total GHG emissions would exceed the screening threshold of 1.44 MTCO2e/SP per year. Thus, Project-related emissions would have a potentially significant direct or indirect impact on GHG and climate change. (PEIR, pp. 4.4-21 – 4.4- 22)
Please refer to Mitigation Measures MM 4.1-1 and MM 4.1-2, above.

“EXHIBIT 1”
Exhibit “1”
2021-2029 Housing Element Implementation Programs Page 79 Mitigation Measures MM 4.1-1 and MM 4.1-2 would require the preparation of project-specific construction and operational air quality analysis and incorporation of mitigation if emissions levels are shown to be above South Coast AQMD-recommended thresholds of significance. Resulting mitigation would not only reduce criteria pollutant emissions but would also generally reduce GHG emissions.

However, it cannot be definitively known or stated at this time what level of emissions reductions future development projects occurring under implementation of the Project would achieve via the implementation of these mitigation measures. While the implementation of Mitigation Measures MM

4.1-1 and MM 4.1-2 would reduce GHG emissions, it cannot be definitively known or stated at this time if future emissions in the City would be reduced to levels that are below applicable thresholds.

Therefore, impacts would remain significant and unavoidable despite the implementation of applicable regulatory requirements and policies that have been incorporated with the intent of reducing GHG emissions and the incorporation of Mitigation Measures MM 4.1-1 and MM 4.1-2.

5.2.2 THRESHOLD B
Impact Statement: The Project would not conflict with any of the provisions of the Scoping Plan and in fact supports seven of the action categories. However, since the Project would exceed the efficiency based GHG emissions target, the Project has the potential to conflict with the 2017 Scoping Plan.  Findings
Potential impacts of the Project related to Threshold b are discussed in detail in Section 4.4.6 of the Draft PEIR. The Project is required to comply with Mitigation Measures MM 4.1-1 through 4.1-2, which would reduce impacts to the extent feasible.
 Substantial Evidence
The 2017 Scoping Plan Update reflects the 2030 target of a 40% reduction below 1990 levels, set by Executive Order B-30-15 and codified by SB 32. Table 4.4-4, 2017 Scoping Plan Consistency Summary, of the PEIR, summarizes the Project’s consistency with the 2017 Scoping Plan. As summarized, the Project would not conflict with any of the provisions of the Scoping Plan and in fact supports seven of the action categories. However, since the Project would exceed the efficiency based GHG emissions target, the Project has the potential to conflict with the 2017 Scoping Plan. (PEIR, pp.

4.4-22 – 4.4-27)
Please refer to Mitigation Measures MM 4.1-1 and MM 4.1-2, above.

Mitigation Measures MM 4.1-1 and MM 4.1-2 would require the preparation of project-specific construction and operational air quality analysis and incorporation of mitigation if emissions levels are shown to be above South Coast AQMD-recommended thresholds of significance. Resulting mitigation would not only reduce criteria pollutant emissions but would also generally reduce GHG emissions.

However, it cannot be definitively known or stated at this time what level of emissions reductions future development projects occurring under implementation of the Project would achieve via the implementation of these mitigation measures. While the implementation of Mitigation Measures MM

4.1-1 and MM 4.1-2 would reduce GHG emissions, it cannot be definitively known or stated at this

“EXHIBIT 1”
Exhibit “1”
2021-2029 Housing Element Implementation Programs Page 80 time if future emissions in the City would be reduced to levels that are below applicable thresholds.

Therefore, impacts would remain significant and unavoidable despite the implementation of applicable regulatory requirements and policies that have been incorporated with the intent of reducing GHG emissions and the incorporation of Mitigation Measures MM 4.1-1 and MM 4.1-2.

5.3 NOISE

5.3.1 THRESHOLD A
Impact Statement: The Project could generate substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies for construction-related noise impacts.  Findings
Potential impacts of the Project related to Threshold a are discussed in detail in Section 4.6.5 of the Draft PEIR. The Project is required to comply with Mitigation Measures MM 4.6-1 through 4.6-3, and

4.6-5, which would reduce impacts to the extent feasible.  Substantial Evidence
Noise generated by the Project construction equipment will include a combination of trucks, power tools, concrete mixers, and portable generators that when combined can reach high levels. The highest construction noise levels will occur when construction activities take place at the closest point from the edge of primary construction activity to each of the nearby receiver locations. Project construction activity shall satisfy the FTA nighttime exterior construction noise level of 70 dBA Leq for noise sensitive residential land use. No Project construction activity is anticipated within the hours specified in the City of Yorba Linda Municipal Code, Section 8.32.090[D].

The appliable General Plan goals and policies would minimize construction-related noise to the extent feasible. However, future development would likely occur in close proximity to noise sensitive receptors and elevate the ambient noise environment. Furthermore, the construction of future development projects could last for prolonged periods and result in a substantial or periodic increase in ambient noise levels. Therefore, construction noise impacts from buildout of the Project would be potentially significant. (PEIR, p. 4.6-15)
MM 4.6-1 Construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with manufacturers’ standards, and all stationary construction equipment shall be placed so that emitted noise is directed away from the noise-sensitive use nearest the construction activity.

MM 4.6-2 The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and noise-sensitive receiver nearest to the construction activity.

“EXHIBIT 1”
Exhibit “1”
2021-2029 Housing Element Implementation Programs Page 81 MM 4.6-3 The construction contractor shall limit haul truck deliveries to the same hours specified for construction equipment Section 8.32.090[D] of the City of Yorba Linda Municipal Code. The contractor shall design delivery routes to minimize the exposure of sensitive land uses to delivery truck noise.

Mitigation Measures MM 4.6-1 through MM 4.6-3 would contribute in minimizing constructionrelated noise. However, due to the unknown number of construction activities that could occur at one time, proximity of construction activities to sensitive receptors, and other factors that cannot be quantified at this time, such as the longevity of activities, construction-related noise impacts may not be reduced to less than significant levels for some future development. Therefore, impacts would remain significant and unavoidable.

“EXHIBIT 1”
Exhibit “1”
2021-2029 Housing Element Implementation Programs Page 82

6.0 OTHER CEQA CONSIDERATIONS

6.1 SIGNIFICANT IRREVERSIBLE ENVIRONMENTAL CHANGES
The State CEQA Guidelines require EIRs to address any significant irreversible environmental changes that would be involved with the proposed action should it be implemented (CEQA Guidelines § 15126.2[c]). An environmental change would fall into this category if: a) the project would involve a large commitment of non-renewable resources; b) the primary and secondary impacts of the project would generally commit future generations to similar uses; c) the project involves uses in which irreversible damage could result from any potential environmental accidents; or d) the proposed consumption of resources is not justified (e.g., the project results in the wasteful use of energy).  Finding
The Project’s potential to result in significant irreversible environmental changes are discussed in detail in Subsection 5.2 of the PEIR. Significant irreversible environmental changes have been identified, as described below. However, as demonstrated in the analysis presented throughout the PEIR, implementation of the proposed Project would result in no significant and unavoidable environmental effects that cannot be feasibly reduced to below levels of significance, with the exception of significant and unavoidable impacts to air quality, greenhouse gas emissions, and construction-related noise impacts.
 Substantive Evidence
Significant irreversible changes due to implementation of the Project are:
• Future development would involve construction, maintenance, and operation activities that entail the commitment of nonrenewable and/or slowly renewable energy resources, including gasoline, diesel fuel, electricity; human resources; and natural resources such as lumber and other forest products, sand and gravel, asphalt, steel, copper, lead, other metals, and water. • An increased commitment of social services and public maintenance services (e.g., police, fire, and sewer and water services) would also be required. The energy and social service commitments would be long term obligations in view of the fact of the low likelihood of returning the land to its original condition once it has been developed. • Population growth related to project implementation would increase vehicle trips over the long term.
• Future development of the proposed project is a long-term irreversible commitment of vacant parcels of land or redevelopment of existing developed land in the City.

“EXHIBIT 1”
Exhibit “1”
2021-2029 Housing Element Implementation Programs Page 83

6.2 GROWTH INDUCING IMPACTS
CEQA requires a discussion of the ways in which the proposed Project could be growth inducing. The CEQA Guidelines identify a project as growth inducing if it would foster economic or population growth or the construction of additional housing, either directly or indirectly, in the surrounding environment (CEQA Guidelines §15126.2(d)).
 Finding
The Project’s potential to result in growth-inducing impacts is discussed in detail in Subsection 5.3 of the PEIR. Based on the entire record, the City finds that the Project would not directly or indirectly induce growth in the surrounding area which could result in a significant adverse effect to the environment.
 Substantive Evidence

1. Would this project remove obstacles to growth, e.g., through the construction or extension of major infrastructure facilities that do not presently exist in the project area, or through changes in existing regulations pertaining to land development? The City of Yorba Linda 2021-2029 Housing Element Implementation Programs would not extend infrastructure into currently unserved parts of the City because the City is almost entirely built out with urban land uses. Some improvements of utility facilities from surrounding roadways, including water and sewer lines, may be required for future development. However, as discussed in Subsection 5.4.9, Utilities and Service Systems, implementation of the Project can generally be accommodated by the existing storm drain. The Yorba Linda Water District will evaluate each development to determine the adequacy of existing water and sewer infrastructure.

Implementation of the Project would not substantially increase automobile capacity of the transportation system (refer to Table 5-2 of the Traffic Analysis, Technical Appendix G, of the Draft PEIR). Although buildout of the proposed Project would increase the City’s service population for the transportation network (the total number of people who live in the City) by approximately 7,085 people, the Project is anticipated to result in a less than significant VMT compared to the buildout of the existing General Plan.

As required by State Law, the purpose of the 2021-2029 Housing Element Implementation Programs is to provide adequate housing sites and assist in the provision of affordable housing, comply with State housing laws including compliance with the Regional Housing Needs Assessment (RHNA) targets, remove governmental constraints to housing investment, and promote fair and equal housing opportunities. Therefore, the proposed Project would remove obstacles to growth within City, however, this is required to assist in providing an unmet need for housing in the region and would not represent a significant adverse impact.

“EXHIBIT 1”
Exhibit “1”
2021-2029 Housing Element Implementation Programs Page 84

2. Would this project result in the need to expand one or more public services to maintain desired levels of service?
As discussed in Section 4.7, Public Services, as the City continues to develop, it would require further commitment of public services in the form of fire protection, police protection, schools, recreation, and other public services. Considering the existing firefighting resources available in the City, implementation of the Project is not expected to result in the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impact.

Further, OCSD has indicated that this increase would not adversely impact OCSD’s existing resources.

There is more than adequate capacity to serve the Project generated students; the Project in combination with current enrollment would leave a remaining capacity of 3,950 total students, including 3,219 elementary students, 659 middle school students, and 72 high school students. Similarly, the Project would not result in substantial adverse physical impacts associated with the provision of new or physically altered parks, recreational facilities, or other public facilities.

3. Would this project encourage or facilitate economic effects that could result in other activities that could significantly affect the environment?
Short term implementation of the Project would create varying levels of temporary construction employment opportunities as the City builds out. However, this would be a short-term direct economic effect, which would end following completion of individual development projects. Additionally, the Project includes 27 housing opportunity sites, which would not be constructed all at one time, but as the market demands and future discretionary approvals (e.g. Design Review) are obtained. Therefore, the short-term economical effects are not expected to significantly affect the environment.

Long term Project buildout would increase population onsite by an estimated 7,085 residents. As the population grows and occupies new dwelling units, these residents would seek shopping, entertainment, employment, home improvement, auto maintenance, and other economic opportunities in the surrounding area. This would facilitate economic goods and services and could, therefore, encourage the creation of new businesses and/or the expansion of existing businesses to address these economic needs. Actual growth will depend on future market demand, site constraints, and property owner willingness to take advantage of increased densities allowed pursuant to the proposed zoning.

The increase in population and economic activity potentially generated by the proposed project could be considered growth inducing that could significantly affect the environmental. However, such an increase is not considered substantial, since the increase generated by the Project on its own would not exceed the amount of growth projected for the City.

4. Would approval of this project involve some precedent-setting action that could encourage and facilitate other activities that could significantly affect the environment? Changes from a project that could be precedent-setting include (among others) a change in zoning, general plan designation, general plan text or approval of exceptions to regulations that could have implications for other properties or that could make it easier for other properties to develop.

“EXHIBIT 1”
Exhibit “1”
2021-2029 Housing Element Implementation Programs Page 85 Implementation of the Project would involve a zone change to redesignate all 27 opportunity sites to multifamily use at 10 to 35 units per acre. Although the change in land designation and zoning could encourage other requests for land use designations or rezoning of other properties, each application would be considered by the City on a project-by-project basis. The proposed change in land use designation and rezoning would only apply to each of the sites, would not encompass other properties, and would not facilitate the development of other projects. For these reasons, the project would not be considered growth inducing.

“EXHIBIT 1”
Exhibit “1”
2021-2029 Housing Element Implementation Programs Page 86

7.0 ALTERNATIVES

7.4.1 ALTERNATIVE CONSIDERED AND REJECTED
An EIR is required to identify any alternatives that were considered by the Lead Agency but were rejected as infeasible. Among the factors described by CEQA Guidelines §15126.6 in determining whether to exclude alternatives from detailed consideration in the EIR are: a) failure to meet most of the basic project objectives, b) infeasibility, or c) inability to avoid significant environmental impacts.

With respect to the feasibility of potential alternatives to the proposed Project, CEQA Guidelines §15126.6(f)(1) notes:
“Among the factors that may be taken into account when addressing the feasibility of alternatives are site suitability, economic viability, availability of infrastructure, general plan consistency, other plans or regulatory limitations, jurisdictional boundaries…and whether the proponent can reasonably acquire, control or otherwise have access to the alternative site…” In determining an appropriate range of alternatives to be evaluated in this Final PEIR, possible alternatives were initially considered and, for a variety of reasons, rejected. Alternatives were rejected because either: 1) they could not accomplish the basic objectives of the Project, 2) they would not have resulted in a reduction of significant adverse environmental impacts, or 3) they were considered infeasible. (PEIR, pp. 6-2 – 6-4)

1. Alternative Development Areas
CEQA requires that the discussion of alternatives focus on alternatives to the project or its location that are capable of avoiding or substantially lessening any significant effects of the project. In considering alternative locations, the first question in the analysis is whether any of the significant effects of the project would be avoided or substantially lessened by putting the project in another location. Only locations that would avoid or substantially lessen any of the significant effects of the project need to be considered for inclusion in the EIR (Guidelines Sec. 15126.6[f][2][A]). The proposed Project is the 2021-2029 Housing Element Implementation Programs. The Housing Element is specific to the City and its jurisdiction; it is also specific to the natural, social, and cultural environments within the City and sphere of influence (SOI). The City does not have jurisdiction over aeras outside of its boundaries and SOI and cannot impose Housing Element requirements on such areas. Therefore, an alternative development area for the proposed Project is not possible.

2. No Project Alternatives
In accordance with CEQA Guidelines Section 15126.6, the purpose of describing and analyzing a no project alternative is to allow decision makers to compare the impacts of approving the proposed project with the impacts of not approving the proposed project. A discussion of the “no project” alternative will usually proceed along one of two lines: 1) the project does not proceed and the existing environmental setting is maintained (No Development/No Growth), or 2) continuation of the existing plan, policy or operation into the future (Adopted General Plan). An analysis of both no project alternatives is provided below.

“EXHIBIT 1”
Exhibit “1”
2021-2029 Housing Element Implementation Programs Page 87 No Development/No Growth
The No Development/No Growth Alternative would prohibit all new development, restricting urban growth to its current extent. The population would remain at existing levels, approximately 67,760 residents (DOF, 2021). No alterations to the City would occur (with the exception of previously approved development), and all residential development would generally remain in their current conditions. Some minor population growth could occur within the City, to the extent that existing residential unit or units that have already been approved could accommodate additional residents (e.g., a decrease if vacancy rates). None of the impacts of the proposed Project, adverse or beneficial, would occur. Future conditions within the City, except for the impacts of regional growth, would generally be the same as existing conditions which were described in the environmental setting section for each environmental topic.

Adopted General Plan
Section 15126.6€ of the CEQA Guidelines requires that an EIR evaluate and analyze the impacts of the “No-Project” Alternative. When the project is the revision of an existing land use or regulatory plan, policy, or ongoing operation, the no-project alternative is the continuation of the plan, policy, or operation into the future. Therefore, under the No Project/Adopted General Plan Alternative, the current Land Use Diagram would remain in effect. All proposed changes to general plan land uses and zoning designations at the 27 housing opportunity sites would not occur. Development in accordance with the adopted General Plan would continue to occur, allowing for buildout of 25,871 dwelling units and 78,389 residents. Environmental impacts relating to physical disturbance of the housing opportunity sites, such as construction-related air quality and noise impacts, biological resources and tribal cultural resources, would be the same as the proposed Project, since future development would continue to be allowed to occur under the adopted General Plan land use designations. However, operational impacts (such as, air quality, energy, GHG emissions, public services, recreation) would be less under the No Project/Adopted General Plan Alternative compared to the Project, because upzoning would not occur on the housing opportunity sites and overall buildout of the City could be less.

Reasons for Rejecting No Project Alternatives
Under the No Project Alternatives, the 2021-2029 Housing Element Implementation Projects, including the General Plan and Zoning Amendments, would not occur. State law recognizes the vital role local governments play in the availability, adequacy, and affordability of housing. Every jurisdiction in California is required to adopt a long-range General Plan to guide its physical development; the Housing Element is one of the seven mandated elements of the General Plan.

Housing Element law mandates that local governments adequately plan to meet the existing and projected housing needs of all economic segments of the community. The law recognizes that in order for the private market to adequately address housing needs and demand, local governments must adopt land use plans and regulatory systems that provide opportunities for (and do not unduly constrain) housing production. Housing element statutes also require that the State Department of Housing and Community Development (HCD) to review local housing elements for compliance with state law and to report their finds to the local government.

California’s housing element law requires that each city and county develop local housing programs to meet its “fair share” of existing and future housing needs for all income groups. SCAG is responsible

“EXHIBIT 1”
Exhibit “1”
2021-2029 Housing Element Implementation Programs Page 88 for developing and assigning these regional needs, via a Regional Housing Needs Assessment (RHNA), to Southern California jurisdictions such as the City of Yorba Linda.

If the City fails to implement its housing element or adopts one that is inadequate, a court can order the City to halt all development until an adequate element is adopted or order approval of specific affordable housing developments. Therefore, this alternative may result in the State taking over control of the City’s Housing Element and implementing minimum zoning requirements for multi-family residential units. The No Project Alternatives have been rejected for being legally infeasible since the City would not be in conformance with State law.

Implementation of this alternative would not provide adequate housing supply required to meet the City’s obligations to provide its fair share of affordable housing. Furthermore, this alternative would not achieve any of the objectives established for the proposed Project. As a result, this alternative has been rejected from further consideration. (PEIR, p. 6-2 – 6-4)

7.4.2 REDUCED DENSITY ALTERNATIVE
The Reduced Density Alternative would result in a 15% reduction of housing units on all of the housing opportunity sites with the exception of the Congregational Land Overlay (CLO) sites (see Table 6-1 of the PEIR). This unit count also represents the realistic unit potential shown in Table 3-2 of the PEIR.

This alternative would reduce the proposed residential units from 2,410 dwelling units to 2,100 dwelling units, and result in a population growth of 6,174 residents. This represents an approximate 13% reduction in growth as compared to the Project. The following discussion compares the potential environmental impacts of this alternative to those associated with implementation of the proposed Project
The Reduced Density Alternative would result in reduced impacts related to air quality, energy, greenhouse gas emissions, noise, public services, recreation, and transportation compared to the Project. This alternative would result in similar impacts biological resources, land use and planning, tribal cultural resources, and wildfire, when compared to the proposed Project. The Reduced Density Alternative does not reduce any of the Project’s significant and unavoidable impacts to less than significant.

The Reduced Density Alternative does not satisfy all of the Project objectives. Specifically, this alternative would only partially meet the following objectives:

1. Implementation of the 2021-2029 Housing Element Implementation Programs to provide adequate housing sites and assist in the provision of affordable housing.

2. Allow the City of Yorba Linda to comply with State housing laws including compliance with the Regional Housing Needs Assessment (RHNA) targets.

3. Remove governmental constraints to housing investment.

“EXHIBIT 1”
Exhibit “1”
2021-2029 Housing Element Implementation Programs Page 89

4. Promote fair and equal housing opportunities.

Although this alternative could meet the target of residential units projected by the RHNA, it would significantly reduce the City’s housing buffer, which is required to be approximately 10 percent. It is to the City’s benefit that its residential site capacity exceeds the minimum RHNA required within each income category to help offset any sites that may be developed with fewer units or to a lesser affordability than assumed in the Housing Element sites inventory. A healthy buffer above the required RHNA therefore provides a “margin of safety” from having to rezone additional sites during the 2021- 2029 planning period of the element
Thus, the City Council finds that each of the reasons set forth above would be an independent ground for rejecting the Reduced Density Alternative, and by itself, independent of any other reason, would justify rejection of the Reduced Density Alternative.

“EXHIBIT 1”
Exhibit “1”
2021-2029 Housing Element Implementation Programs Page 90

8.0 STATEMENT OF OVERRIDING CONSIDERATIONS
This Section specifically addresses §15093 of the CEQA Guidelines, which requires the City, acting as the Lead Agency, to balance the benefits of the Project against its significant and unavoidable adverse environmental impacts and determine whether the benefits which will accrue from the development of the Project outweigh its significant and unavoidable impacts. If the City finds that the major benefits of the Project outweigh its significant and unavoidable adverse environmental impacts, the City may approve the Project. Each of the separate benefits listed below are hereby determined to be, in itself, and independent of the Project’s other benefits, the basis for overriding all significant and unavoidable environmental impacts identified in the PEIR.

As set forth in above, the PEIR identified all of the Project’s adverse environmental impacts and mitigation measures that can reduce the Project’s impacts to less-than-significant level where feasible, or to the lowest feasible levels. Mitigation imposed by the City must have a proportional nexus to the Project’s impacts. As further set forth in Section 5.0, the PEIR presents evidence that implementing the Project would cause or contribute to impacts that would remain significant and unavoidable even after the imposition of all feasible mitigation measures. Finally, as set forth in Section 7.0, herein, there are no feasible alternatives to the Project that would mitigate the Project’s significant and avoidable impacts to less-than-significant level or avoid those environmental impacts while still attaining most of the Project’s basic objectives. Based on the facts presented throughout this document, the City makes the following finding:
 Finding
As the CEQA Lead Agency for the proposed Project, the City has reviewed the Project description and the alternatives to the Project, as presented in the PEIR, and the City fully understands the Project and its alternatives. Further, the City finds that all potential adverse environmental impacts and all feasible mitigation measures to reduce the impacts from the Project have been identified in the Final PEIR and public testimony. Having considered the potential for the Project to cause or contribute to significant and unavoidable adverse impacts to air quality, greenhouse gas emissions, and noise, the City hereby determines that all feasible mitigation measures with proportional nexus to the Project’s impacts have been adopted to reduce or avoid the significant and unavoidable impacts identified in the PEIR, and that no additional feasible mitigation or alternatives are available to further reduce or avoid significant impacts. Further, the City finds that economic, social, and other considerations of the Project outweigh the Project’s significant and unavoidable impacts and that approval of the Project is appropriate. In making this finding, the City Council finds that each of the Project benefits separately and individually outweighs all of the unavoidable adverse environmental effects identified in the PEIR and therefore finds those impacts to be acceptable. The Project would meet the following objectives:
a) Implementation of the 2021-2029 Housing Element Implementation Programs to provide adequate housing sites and assist in the provision of affordable housing, as required by state law.

“EXHIBIT 1”
Exhibit “1”
2021-2029 Housing Element Implementation Programs Page 91 b) Allow the City of Yorba Linda to comply with State housing laws including compliance with the Regional Housing Needs Assessment (RHNA) targets.
c) Remove governmental constraints to housing investment, as required by state law. d) Promote fair and equal housing opportunities, as required by state law.

Furthermore, substantial evidence in the record demonstrates that approval and implementation of the Project will provide the benefits listed below:

1. The Project will comply with State Housing Element Law and meet the City’s RHNA target.

Housing Element Law mandates that local governments adequately plan to meet the existing and projected housing needs of all economic segments of the community. The law recognizes that in order for the private market to adequately address housing needs and demand, local governments must adopt land use plans and regulatory systems that provide opportunities for (and do not unduly constrain) housing production. Housing element statutes also require the State Department of Housing and Community Development (“HCD”) to review local housing elements for compliance with state law and to report their findings to the local government.

The City has an identified RHNA of 2,415 units for the 2021–2029 planning period, distributed among very low-, low-, moderate- and above moderate-income categories. The RHNA represents the minimum number of housing units each community is required to provide “adequate sites” for through zoning, and is one of the primary threshold criteria necessary to achieve approval of the element by the HCD. HCD certified the City’s Housing Element on April 8, 2022. The City is obligated under State law to implement the rezoning established within the Housing Element (Implementation Program 8).

2. The Project facilitates preservation and development of affordable housing. Several of the Housing Element Implementation Programs relate directly to the promotion of affordable housing. Programs 1-6, 8-12, and 21-23 all help promote affordable housing and ensure that the City meets its RHNA goals. Such programs include but are not limited to residential rehabilitation, housing community preservation and abatement, multifamily acquisition and improvement, section 8 rental assistance, affordable housing development assistance, mortgage assistance, and rezoning.

3. Through Implementation Program 6, the City has re-initiated the Mortgage Assistance Program (“MAP”) to assist low and moderate-income first-time homebuyers (earning up to 120% AMI) through the provision of “silent second” loans. Qualified participants can receive loans of up to $50,000 to be used towards the down payment and/or closing costs. The loan is interest-free and is paid back, along with an equity share percentage, once the homeowner decides to sell, transfer title, or lease the home. If the buyer owns and resides in the home for a minimum of 15 years, the MAP loan will be forgiven and no repayment to the Agency is required. The program allows the borrower to select any new or resale residence within the City of Yorba Linda boundaries. Qualified units include condominiums, townhomes, paired homes, and single-family residences.

“EXHIBIT 1”
Exhibit “1”
2021-2029 Housing Element Implementation Programs Page 92

4. The Project implements Green and Sustainable Building Practices. Implementation Program 7 is an integral component of the City’s overall goal to enhance the sustainability of new development. The City would continue to promote energy conservation and sustainable design in new and existing development. The City’s Multi-Family Design Guidelines include provisions for sustainable site planning and streetscape and encourage multi-family development to achieve LEED certification. The General Plan and Town Center Specific Plan set forth a broad range of policies to promote sustainable development. Additionally, the City adopts the Green Building Code’s voluntary measures without local amendments, and reviews Green Building Code requirements with development applicants.

In conclusion, the City Council finds that the foregoing benefits provided through approval of the Project outweigh the identified significant adverse environmental impacts. The City Council further finds that each of the individual benefits discussed above outweighs the unavoidable adverse environmental effects identified in the Final PEIR and, therefore, finds those impacts to be acceptable.

The City Council further finds that each of the benefits listed above, standing alone, is sufficient justification for the City Council to override these unavoidable environmental impacts.

“EXHIBIT 1”
Exhibit “1”
2021-2029 Housing Element Implementation Programs Page 93

9.0 ADDITIONAL FACTS ON RECORD

9.1 CUSTODIAN OF RECORD
The documents and materials that constitute the record of proceedings on which these findings have been based are located at the City of Yorba Linda, 4845 Casa Loma Avenue, Yorba Linda, CA 92886.

The custodian for these records is Marcia Brown, City Clerk, City of Yorba Linda, 4845 Casa Loma Avenue, Yorba Linda, CA 92886. This information is provided in compliance with Public Resources Code § 21081.6.

Mitigation Monitoring and Reporting Program
Yorba Linda 2021-2029 Housing Element
Implementation Programs Project
State Clearinghouse No. 2022040574
Prepared for:

City of Yorba Linda
4845 Casa Loma Avenue
Yorba Linda, CA 92886
Prepared by:

T&B Planning, Inc.
3200 El Camino Real, Suite 100
Irvine, CA 92602
714-505-6360
July 28, 2022

Lead Agency: City of Yorba Linda SCH No. 2022040574

Mitigation Monitoring and Reporting Program
Potential Impacts
General Plan
Policies
And
Regulatory
Requirements Mitigation Measures
Responsible
Party
Monitoring
Party Timing

4.1 AIR QUALITY
Threshold a: Would the
Project conflict with or
obstruct implementation of
the applicable air quality
plan?
Goal LU‐3,
Policy LU‐3.1,
Goal CR‐3,
Policies CR‐3.7,
CR‐3.8
MM 4.1-1 Prior to issuance of grading permits, project
applicants shall prepare and submit a technical
assessment evaluating potential project
construction-related air quality impacts
(regional and localized) to the City for review
and approval. The evaluation shall be prepared
in conformance with South Coast Air Quality
Management District (South Coast AQMD)
methodology for assessing air quality impacts.

If construction-related criteria air pollutants are
determined to have the potential to exceed the
South Coast AQMD’s adopted thresholds of
significance, the City shall require that
applicants for new development projects
incorporate all feasible mitigation measures to
reduce air pollutant emissions below the
significant threshold during construction
activities. These identified measures shall be
incorporated into all appropriate construction
documents (e.g., construction management
plans) submitted to the City and shall be
verified by the City.

Mitigation measures to reduce constructionrelated emissions could include, but are not limited to:

Project
Applicant
City of
Yorba
Linda
Prior to the
issuance of
grading permit.

Lead Agency: City of Yorba Linda SCH No. 2022040574

Potential Impacts
General Plan
Policies
And
Regulatory
Requirements Mitigation Measures
Responsible
Party
Monitoring
Party Timing
• Require construction equipment that meets
or exceeds CARB Certified Tier 3 or Tier 4
engine standards.
• Limit the idling time of diesel off-road
construction equipment to no more than
five (5) minutes.
• Require the use of “Super-Compliant” low
VOC paints which have been reformulated
to exceed the regulatory VOC limits put
forth by South Coast AQMD’s Rule 1113.

Super-Compliant low VOC paints shall be
no more than 10g/L of VOC. Alternatively,
projects may utilize building materials that
do not require the use of architectural
coatings.
• The Construction Contractor shall require
by contract specifications that construction
operations rely on the electricity
infrastructure surrounding the construction
site, if available rather than electrical
generators powered by internal combustion
engines.
• The Construction Contractor shall require
the use of alternative fueled, engine retrofit
technology, after-treatment products (e.g.,
diesel oxidation catalysts, diesel particulate
filters), and/or other options as they become

Lead Agency: City of Yorba Linda SCH No. 2022040574

Potential Impacts
General Plan
Policies
And
Regulatory
Requirements Mitigation Measures
Responsible
Party
Monitoring
Party Timing
available, including all off-road and
portable diesel-powered equipment.
• The Construction Contractor shall require
that construction equipment be maintained
in good operation condition to reduce
emissions. The Construction Contractor
shall ensure that all construction equipment
is being properly serviced and maintained
as per the manufacturer’s specification.

Maintenance records shall be available at
the construction site for City verification.

MM 4.1-2 Prior to issuance of a grading permit, project applicants shall prepare and submit a technical
assessment evaluating potential project
operation air quality impacts (regional and
localized) to the City for review and approval.

The evaluation shall be prepared in
conformance with South Coast Air Quality
Management District (South Coast AQMD)
methodology in assessing air quality impacts.

If operation-related air pollutants are
determined to have the potential to exceed the
South Coast AQMD’s adopted thresholds of
significance, the City shall require that
applicants for new development projects
incorporate all feasible mitigation measures to
reduce air pollutant emissions below
significance thresholds during operational
activities. The identified measures shall be
included as part of the conditions of approval.

Project
Applicant
City of
Yorba
Linda
Prior to the
issuance of
grading permit.

Lead Agency: City of Yorba Linda SCH No. 2022040574

Potential Impacts
General Plan
Policies
And
Regulatory
Requirements Mitigation Measures
Responsible
Party
Monitoring
Party Timing
Possible mitigation measures to reduce
operational emissions could include, but are
not limited to the following:
• Increase in insulation such that heat transfer
and thermal bridging is minimized;
• Limit air leakage through the structure
and/or within the heating and cooling
distribution system;
• Use of energy-efficient space heating and
cooling equipment;
• Installation of electrical hook-ups at
loading dock areas;
• Installation of dual-paned or other energy
efficient windows;
• Use of interior and exterior energy efficient
lighting that exceeds then incumbent
California Title 24 Energy Efficiency
performance standards;
• Installation of automatic devices to turn off
lights where they are not needed;
• Application of a paint and surface color
palette that emphasizes light and off-white

Lead Agency: City of Yorba Linda SCH No. 2022040574

Potential Impacts
General Plan
Policies
And
Regulatory
Requirements Mitigation Measures
Responsible
Party
Monitoring
Party Timing
colors that reflect heat away from buildings;
• Design of buildings with “cool roofs” using
products certified by the Cool Roof Rating
Council, and/or exposed roof surfaces using
light and off-white colors;
• Design of buildings to accommodate photovoltaic solar electricity systems or the installation of photo-voltaic solar electricity
systems;
• Installation of ENERGY STAR-qualified
energy-efficient appliances, heating and
cooling systems, office equipment, and/or
lighting products.
• Landscaping palette emphasizing drought
tolerant plants;
• Use of water-efficient irrigation techniques;
• U.S. EPA Certified WaterSense labeled or
equivalent faucets, high-efficiency toilets
(HETs), and water-conserving shower
heads.
• Applicants for residential within 1,000 feet
of a major sources of TACs (e.g.,
warehouses, industrial areas, freeways,

Lead Agency: City of Yorba Linda SCH No. 2022040574

Potential Impacts
General Plan
Policies
And
Regulatory
Requirements Mitigation Measures
Responsible
Party
Monitoring
Party Timing
roadways, and rail lines with traffic
volumes over 10,000 vehicle per day), as
measured from the property line of the
project to the property line of the
source/edge of the nearest travel lane, shall
submit a health risk assessment (HRA) to
the City of Yorba Linda prior to future
discretionary Project approval. The HRA
shall be prepared in accordance with
policies and procedures of CEQA and the
South Coast AQMD. If the HRA shows that
the incremental cancer risk exceeds ten in
one million (10E-06), PM10 concentrations
exceed 2.5 microgram per cubic meter
(µg/m3), PM2.5 concentrations exceed 2.5
µg/m3, or the appropriate noncancer hazard
index exceeds 1.0, the applicant will be
required to identify and demonstrate that
mitigation measures are capable of
reducing potential cancer and non-cancer
risks to an acceptable level (i.e., below ten
in one million or a hazard index of 1.0),
including appropriate enforcement
mechanisms. Measures to reduce risk may
include but are not limited to:
 Air intakes located away from high volume
roadways and/or truck loading zones.
• Heating, ventilation, and air conditioning
systems of the buildings provided with

Lead Agency: City of Yorba Linda SCH No. 2022040574

Potential Impacts
General Plan
Policies
And
Regulatory
Requirements Mitigation Measures
Responsible
Party
Monitoring
Party Timing
appropriately sized maximum efficiency
rating value (MERV) filters (e.g., MERV 13
or better)
Threshold b: Would the
Project result in a
cumulatively considerable
net increase of any criteria
pollutant for which the
project region is nonattainment under an
applicable federal or state
ambient air quality
standard?
Goal LU‐3,
Policy LU‐3.1,
Goal CR‐3,
Policies CR‐3.7,
CR‐3.8 MM 4.1-1 and MM 4.1-2 would apply. Project
Applicant
City of
Yorba
Linda
Prior to
issuance of
grading permit
Threshold c: Would the
Project expose sensitive
receptors to substantial
pollutant concentrations?
Goal LU‐3,
Policy LU‐3.1 MM 4.1-1 and MM 4.1-2 would apply. Project Applicant
City of
Yorba
Linda
Prior to
issuance of
grading permit
Threshold d: Would the
Project result in other
emissions (such as those
leading to odors adversely
affecting a substantial
number of people?
Goal LU‐3,
Policy LU‐3.1 No mitigation is required. N/A N/A N/A

4.2 BIOLOGICAL RESOURCES
Threshold a: Would the
Project have a substantial
adverse effect, either
directly or through habitat
modifications, on any
species identified as a
candidate, sensitive, or
special status species in
Goal CN‐2,
Policies CN‐

2.1, CN‐2.2,
CN‐2.6,
MM 4.2-1 The City of Yorba Linda shall require applicants of future development projects on housing
opportunity sites S5-008, S7-005, S3-203, and
S4-053 to prepare a biological resources
survey. The survey shall be conducted by a
qualified biologist and shall be a
reconnaissance level field survey of the sites
for the presence and quality of biological
Project
Applicant
City of
Yorba
Linda
Planning
Department
Prior to the
approval of site
plans

Lead Agency: City of Yorba Linda SCH No. 2022040574

Potential Impacts
General Plan
Policies
And
Regulatory
Requirements Mitigation Measures
Responsible
Party
Monitoring
Party Timing
local or regional plans,
policies, or regulations, or
by the California
Department of Fish and
Game or U.S. Fish and
Wildlife Service?
resources potentially affected by project
development, including both direct and indirect
impacts. These resources include, but are not
limited to, special status species or their habitat,
sensitive habitats such as wetlands or riparian
areas, and jurisdictional waters. If sensitive or
protected biological resources are absent from
the sites and adjacent lands potentially affected
by the future development, the biologist shall
submit a written report substantiating such to
the City of Yorba Linda before issuance of a
grading permit by the City, and the project may
proceed without any further biological
investigation.

If sensitive or protected biological resources
are present on the project site or may be
potentially affected by the project,
implementation of Mitigation Measure MM

4.2-2 shall be required. If indirect impacts to
sensitive, habitats, plant, and wildlife species
are identified, measures shall be identified to
minimize impact, such as fencing to reduce
human and domestic pet intrusion.

MM 4.2-2 A qualified biologist shall evaluate impacts to sensitive or protected biological resources from
development. The impact assessment may
require focused surveys that determine absence
or presence and distribution of biological
resources on the site. These surveys may
include, but are not limited to: 1) focused
special status animal surveys if suitable habitat
Project
Applicant
City of
Yorba
Linda
Planning
Department
Prior to the
approval of site
plans

Lead Agency: City of Yorba Linda SCH No. 2022040574

Potential Impacts
General Plan
Policies
And
Regulatory
Requirements Mitigation Measures
Responsible
Party
Monitoring
Party Timing
is present; 2) appropriately timed focused
special status plant surveys that will maximize
detection and accurate identification of target
plant species; and 3) a delineation of
jurisdictional boundaries around potential
wetlands, riparian habitat, and waters of the
United States or State.

MM 4.2-3 The results of these surveys will assess project impacts and develop site specific mitigation
measures to avoid impacts to sensitive or
protected biological resources. Depending on
the resources potentially present on the project
site, avoidance may include: 1) establishing
appropriate no-disturbance buffers around
onsite or adjacent resources, and/or 2) initiating
construction at a time when special status or
protected animal species will not be vulnerable
to project-related mortality (e.g., outside the
avian nesting season or bat maternal or
wintering roosting season). Consultation with
relevant regulatory agencies may be required in
order to establish suitable buffer areas. The
qualified biologist shall substantiate the impact
evaluation or the assumed presence of specialstatus species in all suitable habitats onsite in a written report submitted to the City of Yorba
Linda before issuance of a grading permit by
the City. If the project avoids all sensitive or
protected biological resources, no further
action is required. If avoidance of all
significant impacts to sensitive or protected
biological resources is not feasible, the project
Project
Applicant
City of
Yorba
Linda
Planning
Department
Prior to the
approval of site
plans

Lead Agency: City of Yorba Linda SCH No. 2022040574

Potential Impacts
General Plan
Policies
And
Regulatory
Requirements Mitigation Measures
Responsible
Party
Monitoring
Party Timing
shall implement Mitigation Measure MM 4.2-

4. MM 4.2-4 The City of Yorba Linda shall require applicants to design development projects to minimize
potential impacts to sensitive or protected
biological resources to the greatest extent
feasible, in consultation with a qualified
biologist and/or appropriate regulatory agency
staff. Minimization measures may include 1)
exclusion and/or silt fencing, 2) relocation of
impacted resources, 3) construction monitoring
by a qualified biologist, and 4) an informative
training program conducted by a qualified
biologist for construction personnel on
sensitive biological resources that may be
impacted by project construction. If
minimization of all significant impacts to
sensitive or protected biological resources is
infeasible, the project shall implement
Mitigation Measure MM 4.2-5.

Project
Applicant
City of
Yorba
Linda
Planning
Department
Prior to the
approval of site
plans
MM 4.2-5 A qualified biologist will develop appropriate mitigations that will reduce project impacts to
sensitive or protected biological resources to a
less than significant level. The type and amount
of mitigation will depend on the resources
impacted, the extent of the impacts, and the
quality of habitats to be impacted. Mitigations
may include, but are not limited to: 1)
compensation for lost habitat or waters in the
form of preservation or creation of in-kind
habitat or waters, either onsite or offsite,
protected by conservation easement; 2)
Project
Applicant
City of
Yorba
Linda
Planning
Department
Prior to the
approval of site
plans

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purchase of appropriate credits from an
approved mitigation bank servicing the Yorba
Linda area; and 3) payment of in-lieu fees.

Furthermore, project applicants shall obtain
appropriate permit authorization(s) for impacts
to jurisdictional waters, wetlands, and/or
riparian habitats. The types of permits
potentially required for impacts to
jurisdictional waters are a Clean Water Act
(Section 404) permit issued by the US Army
Corps of Engineers, a California Water
Certificate or Waste Discharge Order issued by
the Regional Water Quality Control Board, and
a Stream Alteration Agreement issued by the
California Department of Fish and Wildlife.

Threshold b: Would the
Project have a substantial
adverse effect on any
riparian habitat or other
sensitive natural
community identified in
local or regional plans,
policies, regulations or by
the California Department
of Fish and Game or US
Fish and Wildlife Service?
Goal CN‐2,
Policies CN‐2.1,
CN‐2.2, CN‐2.6
MM 4.2-1 through MM 4.2-4 would apply.

MM 4.2-5 A qualified biologist will develop appropriate mitigations that will reduce project impacts to
sensitive or protected biological resources to a
less than significant level. The type and amount
of mitigation will depend on the resources
impacted, the extent of the impacts, and the
quality of habitats to be impacted. Mitigations
may include, but are not limited to: 1)
compensation for lost habitat or waters in the
form of preservation or creation of in-kind
habitat or waters, either onsite or offsite,
protected by conservation easement; 2)
purchase of appropriate credits from an
approved mitigation bank servicing the Yorba
Linda area; and 3) payment of in-lieu fees.

Project
Applicant
City of
Yorba
Linda
Planning
Department
Prior to the
approval of site
plans

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Furthermore, project applicants shall obtain
appropriate permit authorization(s) for impacts
to jurisdictional waters, wetlands, and/or
riparian habitats. The types of permits
potentially required for impacts to
jurisdictional waters are a Clean Water Act
(Section 404) permit issued by the US Army
Corps of Engineers, a California Water
Certificate or Waste Discharge Order issued by
the Regional Water Quality Control Board, and
a Stream Alteration Agreement issued by the
California Department of Fish and Wildlife.

Threshold c: Would the
Project have substantial
adverse effect on state or
federally protected
wetlands (including, but not
limited to, marsh, vernal
pool, coastal, etc.) through
direct removal, filling,
hydrological interruption,
or other means?
Goal CN‐2,
Policies CN‐2.1,
CN‐2.2, CN‐2.6
MM 4.2-1 through MM 4.2-5 would apply. Project
Applicant
City of
Yorba
Linda
Planning
Department
Prior to the
approval of site
plans
Threshold d: Would the
Project interfere
substantially with the
movement of any native
resident or migratory fish or
wildlife species or with
established native resident
or migratory wildlife
corridors, or impede the use
Goal CN‐2,
Policies CN‐

2.1, CN‐2.2,
CN‐2.6
No mitigation is required. N/A N/A N/A

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of native wildlife nursery
sites?
Threshold e: Would the
Project conflict with any
local policies or ordinances
protecting biological
resources, such as a tree
preservation policy or
ordinance?
Goal CN‐2,
Policies CN‐

2.1, CN‐2.2,
CN‐2.6
No mitigation is required. N/A N/A N/A
Threshold f: Would the
Project conflict with the
provisions of an adopted
Habitat Conservation Plan,
Natural Community
Conservation Plan, or other
approved local, regional, or
state habitat conservation
plan?
Goal LU‐1,
Policies LU‐1.2,
LU‐1.3, Goal
LU‐3, Policies
LU‐3.1, LU‐3.4,
Goal‐4, Policies
LU‐4.1, LU‐4.3,
LU‐4.4, Goal
LU‐5, Policy
LU‐5.1
No mitigation is required. N/A N/A N/A

4.3 ENERGY
Threshold a: Would the
Project result in potentially
significant environmental
impact due to wasteful,
inefficient, or unnecessary
consumption of energy
resources, during project
construction or operation?
N/A No mitigation is required. N/A N/A N/A
Threshold b: Would the
Project conflict with or
obstruct a state or local plan
N/A No mitigation is required. N/A N/A N/A

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for renewable energy or
energy efficiency?

4.4 GREENHOUSE GAS EMISSIONS
Threshold a: Would the
Project generate
greenhouse gas emissions,
either directly or indirectly,
that may have a significant
impact on the environment?
Goal LU‐3,
Policy LU‐3.1,
Goal CR‐3,
Policies CR‐3.7,
CR‐3.8
MM 4.1-1 and MM 4.1-2 would apply. Project
Applicant
City of
Yorba
Linda
Prior to the
issuance of
grading permit.

Threshold b: Would the
Project conflict with an
applicable plan, policy or
regulation adopted for the
purpose of reducing the
emissions of greenhouse
gases?
Goal LU‐3,
Policies LU‐3.1,
Goal LU‐4,
Policy LU‐4.3,
Goal LU‐9,
Goal LU‐11,
Policy LU‐11.2,
Goal CR‐3,
Policies CR‐3.3,
CR‐3.4, CR‐3.7,
CR‐3.8, Goal
CR‐5, Policy
CR‐5.2, Goal
CR‐6, Policies
CR‐6.1, CR‐6.2,
Goal GM‐2.

MM 4.1-1 and MM 4.1-2 would apply. Project
Applicant
City of
Yorba
Linda
Prior to the
issuance of
grading permit.

4.5 LAND USE AND PLANNING
Threshold a: Would the
Project physically divide an
established community
Goal LU‐1,
Policies LU‐1.2,
LU‐1.3, Goal
LU‐3, Policies
No mitigation is required. N/A N/A N/A

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LU‐3.1, LU‐3.4,
Goal‐4, Policies
LU‐4.1, LU‐4.3,
LU‐4.4, Goal
LU‐5, Policy
LU‐5.1
Threshold b: Would the
Project cause a significant
environmental impact due
to a conflict with any land
use plan, policy, or
regulation adopted for the
purpose of avoiding or
mitigating an
environmental effect?
Goal LU‐1,
Policies LU‐1.2,
LU‐1.3, Goal
LU‐3, Policies
LU‐3.1, LU‐3.4,
Goal‐4, Policies
LU‐4.1, LU‐4.3,
LU‐4.4, Goal
LU‐5, Policy
LU‐5.1
No mitigation is required. N/A N/A N/A

4.6 NOISE
Threshold a: Would the
Project generate substantial
temporary or permanent
increase in ambient noise
levels in the vicinity of the
project in excess of
standards established in the
local general plan or noise
ordinance, or applicable
standards of other agencies?
Goal N‐1,
Policy N‐1.4,
Goal N‐2,
Policies N‐2.1,
N‐2.2, N‐2.3,
Goal N‐4,
Policies N‐4.1,
N‐4.3, N‐4.5,
Goal CR‐3,
Policy CR‐3.8,
Goal CR‐6,
Policy CR‐6.1
MM 4.6-1 Construction contractors shall equip all
construction equipment, fixed or mobile, with
properly operating and maintained mufflers,
consistent with manufacturers’ standards, and
all stationary construction equipment shall be
placed so that emitted noise is directed away
from the noise-sensitive use nearest the
construction activity.

Project
Applicant
City of
Yorba
Linda
Planning
Department
Prior to the
issuance of
construction
permits
MM 4.6-2 The construction contractor shall locate
equipment staging in areas that will create the
greatest distance between construction-related
Project
Applicant
City of
Yorba
Linda
Prior to the
issuance of

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noise sources and noise-sensitive receiver
nearest to the construction activity.

Planning
Department
construction
permits
MM 4.6-3 The construction contractor shall limit haul
truck deliveries to the same hours specified for
construction equipment Section 8.32.090[D] of
the City of Yorba Linda Municipal Code. The
contractor shall design delivery routes to
minimize the exposure of sensitive land uses to
delivery truck noise.

Project
Applicant
City of
Yorba
Linda
Planning
Department
Prior to the
issuance of
construction
permits
MM 4.6-5 Prior to issuance of any construction permits, applicants for individual projects that are within
50 feet of a sensitive receptor, shall prepare and
submit to the City of Yorba Linda Planning
Department a study to evaluate potential
operational-related stationary source noise
impacts. The noise report shall be prepared by
an acoustical engineer using the ISO 9613-2
protocol in the CadnaA (Computer Aided Noise
Abatement) computer program. If the study
determines a potential exceedance of the City’s
thresholds (55 dBA Leq daytime, or 50 dBA
Leq nighttime), measures shall be identified
that ensure noise levels are reduced to below
the thresholds. Identified measures shall be
included on all construction and building
documents and submitted for verification to the
City of Yorba Linda Planning Department.

Project
Applicant
City of
Yorba
Linda
Planning
Department
Prior to the
issuance of
construction
permits
Threshold b: Would the
Project generate excessive
groundborne vibration or
groundborne noise levels?
Goal N‐3,
Policies N‐3.1,
LU‐3, LU‐3.4
MM 4.6-4 Prior to issuance of any construction permits, applicants for individual projects that involve
vibration-intensive construction activities, such
as pile drivers, jack hammers, and vibratory
rollers, within 25 feet of sensitive receptors
Project
Applicant
City of
Yorba
Linda
Planning
Department
Prior to the
issuance of
construction
permits

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(e.g., residences and fragile structures), shall
prepare and submit to the City of Yorba Linda
Planning Department a study to evaluate
potential construction-related vibration
impacts. The vibration assessment shall be
prepared by an acoustical engineer and be
based on recognized vibration-induced
architectural damage criterion. If the study
determines a potential exceedance of the
thresholds, measures shall be identified that
ensure vibration levels are reduced to below the
thresholds. Identified measures shall be
included on all construction and building
documents and submitted for verification to the
City of Yorba Linda Planning Department.

Threshold c: For a project
located within the vicinity
of a private airstrip or an
airport land use plan or,
where such a plan has not
been adopted, within two
miles of a public airport or
public use airport, would
the Project expose people
residing or working in the
project area to excessive
noise levels?
Goal N‐1,
Policy N‐1.4,
Goal N‐2,
Policies N‐2.1,
N‐2.2, N‐2.3,
Goal N‐4,
Policies N‐4.1,
N‐4.3, N‐4.5,
Goal CR‐3,
Policy
CR‐3.8, Goal
CR‐6, Policy
CR‐6.1
No mitigation is required. N/A N/A N/A

4.7 PUBLIC SERVICES
Threshold a: Would the
Project result in substantial
adverse physical impacts
Goal PSU‐1,
Policies PSU‐

1.1, PSU‐1.3,
No mitigation is required. N/A N/A N/A

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associated with the
provision of new or
physically altered
government facilities or the
need for new or physically
altered governmental
facilities, the construction
of which could cause
significant environmental
impacts, in order to
maintain acceptable service
ratios, response times or
other performance
objectives for any of the
public services:
i. Fire Protection Services;
ii. Police Protection
Services;
iii. School Services;
iv. Parks; or
v. Other Public Facilities
Goal PSU‐2,
Policies PSU‐

2.1, PSU‐2.3,
PSU‐2.4, Goal
PSU‐3, Policies
PSU‐3.1, PSU‐

3.2, , Goal
PSU‐4, Policy
PSU‐4.2, Policy
GM‐1.1

4.8 RECREATION
Threshold a: Would the
Project increase the use of
existing neighborhood and
regional parks or other
recreational facilities such
that substantial physical
deterioration of the facility
would occur or be
accelerated?
Goal OR‐1,
Goal OR‐3,
Policy OR‐3.1,
Goal OR‐5,
Policies OR‐

5.1, OR‐5.8
No mitigation is required. N/A N/A N/A

Lead Agency: City of Yorba Linda SCH No. 2022040574

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Threshold b: Would the
Project include recreational
facilities or require the
construction or expansion
of recreational facilities
which might have an
adverse physical effect on
the environment?
Goal OR‐1,
Goal OR‐3,
Policy OR‐3.1,
Goal OR‐5,
Policies OR‐

5.1, OR‐5.8
No mitigation is required. N/A N/A N/A

4.9 TRANSPORTATION
Threshold a: Would the
Project conflict with a
program, plan, ordinance or
policy addressing the
circulation system,
including transit, roadway,
bicycle and pedestrian
facilities?
Policies CR‐3.7,
CR‐6.1, CR‐6.2 No mitigation is required. N/A N/A N/A
Threshold b: Would the
Project conflict or be
inconsistent with CEQA
Guidelines section 15064.3,
subdivision (b)?
N/A No mitigation is required. N/A N/A N/A
Threshold c: Would the
Project substantially
increase hazards due to a
geometric design feature
(e.g., sharp curves or
dangerous intersections) or
incompatible uses (e.g.,
farm equipment)?
Goal CR-8,
Policy CR‐8.2 No mitigation is required. N/A N/A N/A

Lead Agency: City of Yorba Linda SCH No. 2022040574

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Threshold d: Would the
Project result in inadequate
emergency access?
Goal CR-8,
Policy CR‐8.2 No mitigation is required. N/A N/A N/A

4.10 TRIBAL CULTURAL RESOURCES
Threshold a: Would the
project cause a substantial
adverse change in the
significance of a tribal
cultural resource, defined in
Public Resources Code
section 21074 as either a
site, feature, place, cultural
landscape that is
geographically defined in
terms of the size and scope
of the landscape, sacred
place, or object with
cultural value to a
California Native American
tribe, and that is:
1) Listed or eligible for
listing in the California
Register of Historical
Resources, or in a local
register of historical
resources as defined in
Public Resources Code
section 5020.1(k), or
2) A resource determined
by the lead agency, in
its discretion and
N/A
MM 4.10-1 Prior to the commencement of any ground
disturbing activity at the Project sites, the
Project Applicant shall retain a Native
American Monitor approved by the NAHC. A
copy of the executed contract shall be
submitted to the City of Yorba Linda Planning
Department prior to the issuance of any permit
necessary to commence a ground-disturbing
activity. The Tribal monitor will only be
present on-site during the construction phases
that involve ground-disturbing activities into
areas of undisturbed soils. The Tribal Monitor
will complete daily monitoring logs that will
provide descriptions of the day’s activities,
including construction activities, locations,
soil, and any cultural materials identified. The
on-site monitoring shall end when all grounddisturbing activities on the Project Site are completed, or when the Tribal Representatives
and Tribal Monitor have indicated that all
upcoming ground-disturbing activities at the
Project Site have little to no potential for
impacting Tribal Cultural Resources.

Upon discovery of any Tribal Cultural
Resources, construction activities shall cease in
the immediate vicinity of the find (not less than
the surrounding 50 feet) until the find can be
Project
Applicant
City of
Yorba
Linda
Planning
Department
Prior to
commencement
of any ground
disturbing
activity

Lead Agency: City of Yorba Linda SCH No. 2022040574

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supported by
substantial evidence, to
be significant pursuant
to criteria set forth in
subdivision (c) of
Public Resources Code
Section 5024.1. In
applying the criteria set
forth in subdivision (c)
of Public Resources
Code Section 5024.1,
the lead agency shall
consider the
significance of the
resource to a California
Native American tribe?
assessed. All Tribal Cultural Resources
unearthed by Project activities shall be
evaluated by the qualified archaeologist and
Tribal monitor approved by the Consulting
Tribe. If the resources are Native American in
origin, the Consulting Tribe will retain it/them
in the form and/or manner the Tribe deems
appropriate, for educational, cultural and/or
historic purposes. Work may continue on other
parts of the Project site while evaluation and, if
necessary, mitigation takes place (CEQA
Guidelines Section 15064.5[f]). If a non-Native
American resource is determined by the
qualified archaeologist to constitute a
“historical resource” or “unique archaeological
resource,” time allotment and funding
sufficient to allow for implementation of
avoidance measures, or appropriate mitigation,
must be available. The treatment plan
established for the resources shall be in
accordance with CEQA Guidelines Section
15064.5(f) for historical resources and PRC
Sections 21083.2(b) for unique archaeological
resources.

4.11 WILDFIRE
Threshold a: Would the
Project substantially impair
an adopted emergency
response plan or emergency
evacuation plan?
Goal CR‐8,
Policies CR‐8.2,
LU‐3.1, Goal
PS‐1, Policy
PS‐1.3, Goal
PS‐8, Policies
PS‐8.1, PS‐8.2
MM 4.11-1 Prior to issuance of a grading permit for sites within or adjacent to a Very High FHSZ and
within a Wildland Urban Interface (WUI)
Zone, the project applicant shall prepare a Fire
Evacuation Analysis. The Fire Evacuation
Analysis shall assess the time required for
emergency evacuation under Existing and
Project
Applicant
City of
Yorba
Linda
Planning
Department
Prior to the
issuance of a
grading permit

Lead Agency: City of Yorba Linda SCH No. 2022040574

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Threshold f: Would the
Project impair
implementation of or
physically interfere with an
adopted emergency
response plan or emergency
evacuation plan?
Existing with Project Conditions, assuming a
worst case, wind-driven fire. The Fire
Evacuation Analysis shall also identify how
much the project would increase evacuation
times by; how long it would take residents to
evacuate; and how emergency response times
would be affected by a mass evacuation under
multiple scenarios. The Fire Evacuation
Analysis shall be subject to the review and
approval from the City of Yorba Linda and
OCFA. The analysis shall demonstrate how the
Project would not impair or physically interfere
with an adopted emergency response plan or
emergency evacuation plan.

Threshold b: Would the
Project, due to slope,
prevailing winds, and other
factors, exacerbate wildlife
risks, and thereby expose
Project occupants to
pollutant concentrations
from a wildfire or the
uncontrolled spread of a
wildfire?
Threshold g: Would the
Project expose people or
structures, either directly or
indirectly, to a significant
risk of loss, injury or death
involving wildland fires?
Goal PS-5,
Policies PS-5.1,
PS-5.2, Goal
PS-6, Policy
PS-6.1, PS-6.2,
PS-6.3, PS-6.5,
PS-6.6
MM 4.11-2 Prior to issuance of a grading permit for sites within or adjacent to a Very High FHSZ and
within a Wildland Urban Interface (WUI)
Zone, the project applicant shall prepare a Fire
Protection Plan (FPP). Prior to preparation of
an FPP, the Project proponent shall coordinate
with OCFA to ensure that modeling of the FPP
and design of the project is appropriate to meet
the requirements and standards of the OCFA.

The FPP shall be subject to the review and
approval from the City of Yorba Linda and
OCFA. The FPP shall assess a project’s
compliance with current regulatory codes and
ensure that impacts resulting from wildland fire
hazards have been adequately mitigated. The
FPP shall also specifically identify the need for
fire systems, water availability, construction
requirements, and fire-resistant landscaping i.e.

Project
Applicant
City of
Yorba
Linda
Planning
Department
Prior to the
issuance of a
grading permit

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fuel modification zones), and appropriate
defensible space around structures.

Threshold c: Would the
Project require the
installation or maintenance
of associated infrastructure
(such as roads, fuel breaks,
emergency water sources,
power lines, or other
utilities) that may
exacerbate fire risk or that
may result in temporary or
ongoing impacts to the
environment?
Goal PS-5,
Policies PS-5.1,
PS-5.2, Goal
PS-6, Policy
PS-6.1, PS-6.2,
PS-6.3, PS-6.5,
PS-6.6
No mitigation is required. N/A N/A N/A
Threshold d: Would the
Project expose people or
structures to significant
risks, including downslope
or downstream flooding or
landslides, as a result of
runoff, post-fire instability
or drainage change?
Goal PS-3,
Policy PS-3.3;
PS-3.5; Goal
PS-4, Policy
PS-4.1
No mitigation is required. N/A N/A N/A

PLANNING COMMISSION RECOMMENDATION

N/A N/A N/A
PC-1 Concurrent with submittal of development
applications for housing opportunity sites S7-001,
S3-207, S2-012, and S5-008, the project applicant
shall prepare and submit the following projectlevel technical reports: 1) a traffic study consistent with the City’s Traffic Impact Analysis
Guidelines, including a safety analysis; 2) a
geotechnical report pursuant to City Municipal
Project
Applicant
City of
Yorba
Linda
Planning
Department
Concurrent
with submittal
of development
applications

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Codes § 15.04.260 and 15.04.270; 3) a Fire
Protection Plan consistent with Mitigation
Measure MM 4.11-2 and Municipal Code §

15.08.010; and 4) a Fire Evacuation Analysis
consistent with Mitigation Measure MM 4.11-1.

The reports are subject to review and approval
from the City of Yorba Linda.

5.4.1 AESTHETICS
Threshold a: Would the
Project have a substantial
adverse effect on a scenic
vista?
Goal CN‐1;
Policies CN‐

1.1, Goal CN‐3;
Policies CN‐

3.1, CN‐3.2,
Goal LU‐4,
Policy LU‐4.1,
Goal LU‐8,
Policies LU‐8.1,
LU‐ 8.2, Goal
LU‐9, Policies
LU‐ 9.1, LU‐

9.2, LU‐9.3
Multi-Family
Design
Guidelines;
Yorba Linda
Municipal
Code Chapters

18.10 and

18.16 No mitigation is required. N/A N/A N/A
Threshold b: Would the
Project substantially
damage scenic resources,
including, but not limited
to, trees, rock outcroppings,
and historic buildings
within a state scenic
highway?
Goal CN‐1;
Policies CN‐

1.1, Goal CN‐3;
Policies CN‐

3.1, CN‐3.2,
Goal LU‐4,
Policy LU‐4.1,
Goal LU‐8,
Policies LU‐8.1,
LU‐ 8.2, Goal
LU‐9, Policies
No mitigation is required. N/A N/A N/A

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LU‐ 9.1, LU‐

9.2, LU‐9.3
Threshold c: Would the
Project in non-urbanized
areas, substantially degrade
the existing visual character
or quality of public views of
the site and its
surroundings? (Public
views are those that are
experienced from publicly
accessible vantage points.)
If the project is in an
urbanized area, would the
project conflict with
applicable zoning and other
regulations governing
scenic quality?
Goal CN‐1;
Policies CN‐

1.1, Goal CN‐3;
Policies CN‐

3.1, CN‐3.2,
Goal LU‐4,
Policy LU‐4.1,
Goal LU‐8,
Policies LU‐8.1,
LU‐ 8.2, Goal
LU‐9, Policies
LU‐ 9.1, LU‐

9.2, LU‐9.3
Yorba Linda
Zoning Code No mitigation is required. N/A N/A N/A
Threshold d: Would the
Project create a new source
of substantial light or glare
that would adversely affect
daytime or nighttime views
in the area?
N/A
Yorba Linda
Municipal
Code Chapter

18.10.110

5.4.2 AGRICULTURE AND FORESTRY RESOURCES
Threshold a: Would the
Project convert Prime
Farmland, Unique
Farmland, or Farmland of
Statewide Importance as
shown on the maps
Goal LU‐3,
Policy LU‐3.1 No mitigation is required. N/A N/A N/A

Lead Agency: City of Yorba Linda SCH No. 2022040574

Potential Impacts
General Plan
Policies
And
Regulatory
Requirements Mitigation Measures
Responsible
Party
Monitoring
Party Timing
prepared pursuant to the
Farmland Mapping and
Monitoring Program of the
California Resources
Agency, to non-agricultural
use?
Threshold b: Would the
Project conflict with
existing zoning for
agricultural use, or a
Williamson Act contract?
Goal LU‐3,
Policy LU‐3.1 No mitigation is required. N/A N/A N/A
Threshold c: Would the
Project conflict with
existing zoning for, or cause
rezoning of, forest land as
defined in Public Resources
Code section 12220(g)),
timberland (as defined by
Public Resources Code
section 4526), or
timberland zoned
Timberland Production (as
defined by Government
Code section 51104(g))?
Goal LU‐3,
Policy LU‐3.1 No mitigation is required. N/A N/A N/A
Threshold d: Would the
Project result in the loss of
forest land or conversion of
forest land to non-forest
use?
Goal LU‐3,
Policy LU‐3.1 No mitigation is required. N/A N/A N/A
Threshold e: Would the
Project involve other
changes in the existing
Goal LU‐3,
Policy LU‐3.1 No mitigation is required. N/A N/A N/A

Lead Agency: City of Yorba Linda SCH No. 2022040574

Potential Impacts
General Plan
Policies
And
Regulatory
Requirements Mitigation Measures
Responsible
Party
Monitoring
Party Timing
environment which, due to
their location or nature,
could result in conversion
of Farmland, to nonagricultural use or
conversion of forest land to
non-forest use?

5.4.3 CULTURAL RESOURCES
Threshold a: Would the
Project cause a substantial
adverse change in the
significance of a historical
resource in pursuant to §
15064.5?
Goal HR-2 No mitigation is required. N/A N/A N/A
Threshold b: Would the
Project cause a substantial
adverse change in the
significance of an
archaeological resource
pursuant to § 15064.5?
Goal HR-2,
Policy HR‐2.5
City Standard
Condition
Planning no.
06 No mitigation is required. N/A N/A N/A
Threshold c: Would the
Project disturb any human
remains, including those
interred outside of formal
cemeteries?
N/A
California
Health and
Safety Code
Section
7050.5; Public
Resources
Code Section
5097.98
No mitigation is required. N/A N/A N/A

5.4.4 GEOLOGY AND SOILS
Threshold a: Would the
Project directly or indirectly
Goal PS‐3,
Policies PS‐3.1,
Yorba Linda
Municipal No mitigation is required. N/A N/A N/A

Lead Agency: City of Yorba Linda SCH No. 2022040574

Potential Impacts
General Plan
Policies
And
Regulatory
Requirements Mitigation Measures
Responsible
Party
Monitoring
Party Timing
cause potential substantial
adverse effects, including
the risk of loss, injury, or
death involving: rupture of
a known earthquake fault,
as delineated on the most
recent Alquist-Priolo
Earthquake Fault Zoning
Map issued by the State
Geologist for the area or
based on other substantial
evidence of a known fault?
Refer to Division of Mines
and Geology Special
Publication 42; strong
seismic ground shaking;
seismic-related ground
failure, including
liquefaction; landslides?
PS‐3.3, PS‐3.4,
PS‐3.5, PS‐3.6,
PS‐3.7, CN‐3.3
Code Title 15;
California
Building Code
Threshold b: Would the
Project result in substantial
soil erosion or the loss of
topsoil?
Policy CN‐3.3
State Water
Resources
Control Board
Order No.
2009-0009-
DWQ (General
Construction
Permit);
Stormwater
Pollution
Prevention
Plan
(SWPPP);
No mitigation is required. N/A N/A N/A

Lead Agency: City of Yorba Linda SCH No. 2022040574

Potential Impacts
General Plan
Policies
And
Regulatory
Requirements Mitigation Measures
Responsible
Party
Monitoring
Party Timing
National
Pollutant
Discharge
Elimination
System
(NPDES)
Permit
Threshold c: Would the
Project be located on a
geologic unit or soil that is
unstable, or that would
become unstable as a result
of the project, and
potentially result in on- or
off-site landslide, lateral
spreading, subsidence,
liquefaction or collapse?
Goal PS‐3,
Policies PS‐3.1,
PS‐3.3, PS‐3.4,
PS‐3.5, PS‐3.6,
PS‐3.7, CN‐3.3
Yorba Linda
Municipal
Code Title 15;
California
Building Code;
Yorba Linda
Municipal
Code Chapter

18.30, Hillside
Development
No mitigation is required. N/A N/A N/A
Threshold d: Would the
Project be located on
expansive soil, as defined in
Table 18-1-B of the
Uniform Building Code
(1994), creating substantial
direct or indirect risks to life
or property?
Goal PS‐3,
Policies PS‐3.1,
PS‐3.3, PS‐3.4,
PS‐3.5, PS‐3.6,
PS‐3.7, CN‐3.3
Yorba Linda
Municipal
Code Title 15;
California
Building Code
No mitigation is required. N/A N/A N/A
Threshold e: Would the
Project have soils incapable
of adequately supporting
the use of septic tanks or
alternative waste water
disposal systems where
Goal PS‐3, PS‐

3.1, PS‐3.3, PS‐

3.4, PS‐3.5, PS‐

3.6, PS‐3.7,
CN‐3.3
No mitigation is required. N/A N/A N/A

Lead Agency: City of Yorba Linda SCH No. 2022040574

Potential Impacts
General Plan
Policies
And
Regulatory
Requirements Mitigation Measures
Responsible
Party
Monitoring
Party Timing
sewers are not available for
the disposal of waste water?
Threshold f: Would the
Project directly or indirectly
destroy a unique
paleontological resource or
site or unique geologic
feature?
Goal HR-2,
Policy HR‐2.5
Standard
Condition
Planning no.
06 No mitigation is required. N/A N/A N/A

5.4.5 HAZARDS AND HAZARDOUS MATERIALS
Threshold a: Would the
Project create a significant
hazard to the public or the
environment through the
routine transport, use, or
disposal of hazardous
materials?
Goal CR‐8,
Policies CR‐8.2,
LU‐3.1, Goal
PS‐1, Policy
PS‐1.3, Goal
PS‐8, Policies
PS‐8.1, PS‐8.2
California
Department of
Toxic
Substances
Control, US
Environmental
Protection
Agency,
California
Division of
Occupational
Safety and
Health,
California
Department of
Transportation,
Orange County
Environmental
Health
Division, and
OCFA
No mitigation is required. N/A N/A N/A

Lead Agency: City of Yorba Linda SCH No. 2022040574

Potential Impacts
General Plan
Policies
And
Regulatory
Requirements Mitigation Measures
Responsible
Party
Monitoring
Party Timing
Threshold b: Would the
Project create a significant
hazard to the public or the
environment through
reasonably foreseeable
upset and accident
conditions involving the
release of hazardous
materials into the
environment?
Goal CR‐8,
Policies CR‐8.2,
LU‐3.1, Goal
PS‐1, Policy
PS‐1.3, Goal
PS‐8, Policies
PS‐8.1, PS‐8.2
California
Department of
Toxic
Substances
Control, US
Environmental
Protection
Agency,
California
Division of
Occupational
Safety and
Health,
California
Department of
Transportation,
Orange County
Environmental
Health
Division, and
OCFA
No mitigation is required. N/A N/A N/A
Threshold c: Would the
Project emit hazardous
emissions or handle
hazardous or acutely
hazardous materials,
substances, or waste within
one-quarter mile of an
existing or proposed
school?
Goal CR‐8,
Policies CR‐8.2,
LU‐3.1, Goal
PS‐1, Policy
PS‐1.3, Goal
PS‐8, Policies
PS‐8.1, PS‐8.2
California
Department of
Toxic
Substances
Control, US
Environmental
Protection
Agency,
California
Division of
Occupational
No mitigation is required. N/A N/A N/A

Lead Agency: City of Yorba Linda SCH No. 2022040574

Potential Impacts
General Plan
Policies
And
Regulatory
Requirements Mitigation Measures
Responsible
Party
Monitoring
Party Timing
Safety and
Health,
California
Department of
Transportation,
Orange County
Environmental
Health
Division, and
OCFA
Threshold d: Would the
Project be located on a site
which is included on a list
of hazardous materials sites
compiled pursuant to
Government Code Section
65962.5 and, as a result,
would it create a significant
hazard to the public or the
environment?
Goal CR‐8,
Policies CR‐8.2,
LU‐3.1, Goal
PS‐1, Policy
PS‐1.3, Goal
PS‐8, Policies
PS‐8.1, PS‐8.2
No mitigation is required. N/A N/A N/A
Threshold e: For a project
located within an airport
land use plan or, where such
a plan has not been adopted,
within two miles of a public
airport or public use airport,
would the Project result in a
safety hazard or excessive
noise for people residing or
working in the project area?
N/A No mitigation is required. N/A N/A N/A

Lead Agency: City of Yorba Linda SCH No. 2022040574

Potential Impacts
General Plan
Policies
And
Regulatory
Requirements Mitigation Measures
Responsible
Party
Monitoring
Party Timing

5.4.6 HYDROLOGY AND WATER QUALITY
Threshold a: Would the
Project violate any water
quality standards or waste
discharge requirements or
otherwise substantially
degrade surface or
groundwater quality?
Goal CN‐4,
Policies CN‐

4.2, CN‐4.3,
CN‐4.4, CN‐

4.6, PSU‐5.4,
Goal PSU‐6,
Policies PSU‐

6.3, PSU‐6.4,
Goal GM‐1,
Policies GM‐

1.1, Goal PS‐4,
Policy PS‐4.1
General
Construction
Permit;
SWPPP;
NPDES
Permit; Yorba
Linda
Municipal
Code Section

16.04, Water
Quality
Control; Water
Quality
Management
Plan (WQMP)
No mitigation is required. N/A N/A N/A
Threshold b: Would the
Project substantially
decrease groundwater
supplies or interfere
substantially with
groundwater recharge such
that the project may impede
sustainable groundwater
management of the basin?
Goal CN‐4,
Policies CN‐

4.2, CN‐4.6,
Goal PSU‐6,
Policies PSU‐

6.3, PSU‐6.4
No mitigation is required. N/A N/A N/A
Threshold c: Would the
Project substantially alter
the existing drainage
pattern of the site or area,
including through the
alteration of the course of a
stream or river or through
Goal CN‐4,
Policies CN‐

4.2, CN‐4.3,
CN‐4.4, CN‐

4.6, PSU‐5.4,
Goal PSU‐6,
Policies PSU‐
SWPPP;
WQMP; Yorba
Linda
Municipal
Code Chapter

15.12 No mitigation is required. N/A N/A N/A

Lead Agency: City of Yorba Linda SCH No. 2022040574

Potential Impacts
General Plan
Policies
And
Regulatory
Requirements Mitigation Measures
Responsible
Party
Monitoring
Party Timing
the addition of impervious
surfaces, in a manner which
would: result in substantial
erosion or siltation on- or
off-site; substantially
increase the rate or amount
of surface runoff in a
manner which would result
in flooding on- or offsite;
create or contribute runoff
water which would exceed
the capacity of existing or
planned stormwater
drainage systems or provide
substantial additional
sources of polluted runoff;
or impeded or redirect flood
flows?

6.3, PSU‐6.4,
Goal GM‐1,
Policies GM‐

1.1, Goal PS‐4,
Policy PS‐4.1
Threshold d: Would the
Project in flood hazard,
tsunami, or seiche zones,
risk release of pollutants
due to project inundation?
Goal CN‐4,
Policies CN‐

4.2, CN‐4.3,
CN‐4.4, CN‐

4.6, PSU‐5.4,
Goal PSU‐6,
Policies PSU‐

6.3, PSU‐6.4,
Goal GM‐1,
Policies GM‐

1.1, Goal PS‐4,
Policy PS‐4.1
No mitigation is required. N/A N/A N/A

Lead Agency: City of Yorba Linda SCH No. 2022040574

Potential Impacts
General Plan
Policies
And
Regulatory
Requirements Mitigation Measures
Responsible
Party
Monitoring
Party Timing
Threshold e: Would the
Project conflict with or
obstruct implementation of
a water quality control plan
or sustainable groundwater
management plan?
N/A
General
Construction
Permit;
SWPPP;
NPDES
Permit; Yorba
Linda
Municipal
Code Section

16.04, Water
Quality
Control;
WQMP
No mitigation is required. N/A N/A N/A

5.4.7 MINERAL RESOURCES
Threshold a: Would the
Project result in the loss of
availability of a known
mineral resource that would
be of value to the region or
the residents of the State?
N/A No mitigation is required. N/A N/A N/A
Threshold b: Would the
Project result in the loss of
availability of a locallyimportant mineral resource
recovery site delineated on
a local general plan,
specific plan or other land
use plan?
N/A No mitigation is required. N/A N/A N/A

5.4.8 POPULATION AND HOUSING
Threshold a: Would the
Project induce substantial
unplanned population
N/A No mitigation is required. N/A N/A N/A

Lead Agency: City of Yorba Linda SCH No. 2022040574

Potential Impacts
General Plan
Policies
And
Regulatory
Requirements Mitigation Measures
Responsible
Party
Monitoring
Party Timing
growth in an area, either
directly (for example, by
proposing new homes and
businesses) or indirectly
(for example, through
extension of roads or other
infrastructure?
Threshold b: Would the
Project displace substantial
numbers of existing people
or housing, necessitating
the construction of
replacement housing
elsewhere?
N/A No mitigation is required. N/A N/A N/A

5.4.9 UTILITIES AND SERVICE SYSTEMS
Threshold a: Would the
Project require or result in
the relocation or
construction of new or
expanded water,
wastewater treatment or
storm water drainage,
electric power, natural gas,
or telecommunications
facilities, the construction
or relocation of which could
cause significant
environmental effects?
Goal PSU‐5,
Policies PSU‐

5.1, PSU‐5.2,
PSU‐5.4
No mitigation is required. N/A N/A N/A
Threshold b: Would the
Project have sufficient
water supplies available to
serve the project and
Goal PSU‐5,
Policies PSU‐

5.1, PSU‐5.2,
Goal PSU‐6,
No mitigation is required. N/A N/A N/A

Lead Agency: City of Yorba Linda SCH No. 2022040574

Potential Impacts
General Plan
Policies
And
Regulatory
Requirements Mitigation Measures
Responsible
Party
Monitoring
Party Timing
reasonably foreseeable
future development during
normal, dry and multiple
dry years?
PSU‐6.3, PSU‐

6.4 Threshold c: Would the
Project result in a
determination by the
wastewater treatment
provider which serves or
may serve the project that it
has adequate capacity to
serve the project’s projected
demand in addition to the
provider’s existing
commitments?
Goal PSU‐5,
Policies PSU‐

5.1, PSU‐5.2
No mitigation is required. N/A N/A N/A
Threshold d: Would the
Project generate solid waste
in excess of State or local
standards, or in excess of
the capacity of local
infrastructure, or otherwise
impair the attainment of
solid waste reduction goals?
Goal PSU‐5,
Policy PSU‐5.1 No mitigation is required. N/A N/A N/A
Threshold e: Would the
Project comply with
federal, state, and local
management and reduction
statutes and regulations
related to solid waste?
Goal PSU‐5,
Policy PSU‐5.1 No mitigation is required. N/A N/A N/A

ORDINANCE NO. 2022-1090

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF YORBA LINDA AMENDING THE TEXT OF THE LAND

USE ELEMENT OF THE CITY OF YORBA LINDA
GENERAL PLAN (GENERAL PLAN AMENDMENT 2022-
01) PURSUANT TO THE IMPLEMENTATION PROGRAMS
OF THE CITY OF YORBA LINDA 2021-2029 HOUSING

ELEMENT, AND FINDING THAT GENERAL PLAN
AMENDMENT 2022-01 IS NOT SUBJECT TO A VOTE OF

THE ELECTORATE OF THE CITY OF YORBA LINDA

UNDER THE YORBA LINDA RIGHT-TO-VOTE

AMENDMENT
WHEREAS, under California law, every city must adopt a general plan, which must include specified mandatory elements, in furtherance of the State policy to provide a comprehensive, long-term plan for the physical development and use of property within a city’s jurisdiction; and
WHEREAS, under California law, every city has the authority to adopt and amend a zoning code pursuant to a city’s general police power, which allows for the orderly division of property within a city’s jurisdiction into compatible uses and development standards so as to improve and protect the general welfare; and WHEREAS, under California law, all of the elements within a city’s general plan must be internally consistent, and all zoning must be in conformity with a city’s general plan; and
WHEREAS, on October 28, 2016, the City of Yorba Linda (City) adopted its current General Plan (General Plan); and
WHEREAS, the City may amend all or part of its adopted General Plan to promote the public interest up to four times during any calendar year pursuant to Government Code Section 65358; and
WHEREAS, under California law, Government Code Section 65580 et seq. (Housing Element Law), every city in the State is required to periodically review and update the housing element of a general plan for the city, every city is mandated to include State-specified content in a housing element, and every city is required to submit a draft of its housing element to the California Department of Housing and Community Development (HCD) for review and determination as to whether the city’s draft housing element substantially complies with the Housing Element Law; and WHEREAS, since October 2020, City staff conducted numerous study sessions and community workshops with stakeholders, consultants, and members of the public to comment and provide direction on the content of the City’s draft housing element; and WHEREAS, since October 2020, the City Council for the City of Yorba Linda (City Council) and Planning Commission of the City of Yorba Linda (Planning Commission) held study and scoping sessions at public meetings to inform and receive comments from the general public regarding the procedure and required content of the City’s housing element; and
WHEREAS, the Planning Commission on multiple dates between February 24, 2021 and July 28, 2021, and the City Council on August 3, 2021, reviewed a draft of the City’s housing element that, in accordance with State law, was submitted to HCD for review and comment; and
WHEREAS, since submitting the City’s draft housing element to HCD, City and HCD staff have reviewed and revised the draft housing element to accommodate all State-mandated content, and the City Council and Planning Commission have periodically held public meetings to inform and receive comments from stakeholders, consultants, and members of the public with respect to the draft housing element process; and
WHEREAS, on January 12, 2022, the Planning Commission conducted a public hearing recommending that the City Council approve the final Housing Element; and

ORDINANCE NO. 2022-1090
PAGE NO. 2
WHEREAS, on February 9, 2022, the City Council conducted a public hearing approving the 2021-2029 Housing Element; and
WHEREAS, on April 8, 2022, HCD determined that the City’s 2021-2029 Housing Element was substantially complying with State Housing Element law; and WHEREAS, the City of Yorba Linda 2021-2029 Housing Element identifies for the applicable 2021-2029 planning period the housing needs in the community and programs to achieve the housing goals, policies and objectives of the City, which substantially comply with State-mandated content under the State Housing Element law pursuant to the certification issued by HCD on April 8, 2022; and WHEREAS, the adopted Housing Element includes implementation programs that, if and when adopted by the City Council by separate and subsequent approvals from the approval of the Housing Element, would commence implementing actions (i) to amend the Land Use Element and Land Use Map of the City’s General Plan; and, (ii) to amend specified sections of the City of Yorba Linda Zoning Code, Title 18 of the Yorba Linda Municipal Code (Zoning Code) and Zoning Map; and
WHEREAS, the implementation programs included in the adopted Housing Element are intended to be carried out separately from the adoption by the City Council of the Housing Element to facilitate the compliance, if and as applicable, with the requirements of the Yorba Linda Right-to-Vote Amendment, Yorba Linda Municipal Code Section 18.01.010 et seq. (commonly known as “Measure B”), and are intended to preserve HCD’s certification of the adopted Housing Element for the entirety of the 2021-2029 planning period; and
WHEREAS, the City Council has determined that the proposed amendment to specified provisions in the Land Use Element of the General Plan, as identified in Exhibit “A” attached to this Ordinance and incorporated herein by this reference (“General Plan Amendment 2022-01”), does not constitute a “Major Amendment” as defined in the Yorba Linda Right-to-Vote Amendment (Measure B) and is therefore not subject to the approval of a majority vote of the electorate of the City to become effective; and
WHEREAS, General Plan Amendment 2022-01 would amend the Land Use Element to include the following new land use designation: “Residential Overlays”; and WHEREAS, General Plan Amendment 2022-01 includes provisions that are part of the implementation programs and implementing actions of the adopted Housing Element, and is necessary to ensure that the Land Use Element and Housing Element will be internally consistent within the City’s General Plan, as required by State law; and WHEREAS, the proposed revisions in General Plan Amendment 2022-01 are internally consistent with the other elements of the General Plan; and WHEREAS, notices of a public hearing were published, posted, and delivered in accordance with State and City laws for the consideration by the Planning Commission of the proposed amendments to the Land Use Element of the General Plan (referred to herein as “General Plan Amendment 2022-01”) as part of the consideration of the proposed Housing Element and implementation programs included therein; and WHEREAS, General Plan Amendment 2022-01 as identified in Exhibit “A” attached to this Ordinance, includes all of the amendments to the General Plan that do not constitute “Major Amendments” as defined in the Yorba Linda Right-to-Vote Amendment (Measure B) and are therefore not subject to the approval of a majority vote of the electorate of the City to become effective. General Plan Amendment 2022- 02 includes all of the amendments to the General Plan and General Plan Land Use Diagram that constitute a “Major Amendment” as defined in the Yorba Linda Right-toVote Amendment (Measure B) and are therefore individually and/or collectively subject to the approval of a majority vote of the electorate of the City to become effective; and WHEREAS, in accordance with State and City laws, on June 29, 2022, the Planning Commission conducted a public hearing to receive public testimony with respect to General Plan Amendment 2022-01 as part of the consideration of the adopted Housing Element implementation programs included therein; and

ORDINANCE NO. 2022-1090
PAGE NO. 3
WHEREAS, the Planning Commission considered the information provided by City staff, the public testimony, and the evidence presented at the Planning Commission public hearing on June 29, 2022, which includes, without limitation, the staff reports submitted by the Community Development Department; and
WHEREAS, on June 29, 2022, the Planning Commission, at a regular public meeting, considered and decided to recommend to the City Council the approval of General Plan Amendment 2022-01, subject to compliance, as applicable, with the requirements of Yorba Linda Right-to-Vote Amendment (Measure B), in furtherance of the implementation programs included in the Housing Element; and WHEREAS, notices of a public hearing were published, posted, and delivered in accordance with State and City laws for the consideration by the City Council of General Plan Amendment 2022-01 as part of the consideration of the adopted Housing Element implementation programs included therein; and
WHEREAS, in accordance with State and City laws, on August 2, 2022, the City Council conducted a public hearing to receive public testimony with respect to General Plan Amendment 2022-01 as part of the consideration of the Housing Element implementation programs included therein; and
WHEREAS, the City Council considered the information provided by City staff, the public testimony, and the evidence presented at the public hearing on August 2, 2022, which includes, without limitation, the staff reports submitted by the Community Development Department.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YORBA LINDA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. The above recitals are true and correct and incorporated herein.

Section 2. The City Council has read and considered the amendments to the General Plan (referred to herein as “General Plan Amendment 2022-01”) as part of the consideration of the adopted Housing Element implementation programs included therein.

Section 3. The City Council finds that General Plan Amendment 2022-01 is necessary to ensure that the Zoning Code and Zoning Code Map are consistent within the City’s General Plan.

Section 4. The City Council finds that General Plan Amendment 2022-01 is necessary to implement the Housing Element programs established in the 2021-2029 Housing Element, and as approved by the State of California, and would permit and encourage the development of affordable housing opportunities pursuant to the Regional Housing Needs Assessment (RHNA) requirements, as set forth in the Housing Element Law and applicable State Guidelines, in locations adjacent to supporting services and public transportation provided they are compatible with, and will not adversely impact, the integrity and continuity of adjacent uses.

Section 5. The City Council hereby accepts the recommendation of the Planning Commission to adopt General Plan Amendment 2022-01 as part of the consideration of the adopted Housing Element implementation programs included therein.

Section 6. The City Council hereby adopts General Plan Amendment 2022-01.

Section 7. The City Council hereby finds that General Plan Amendment 2022- 01 is not a “Major Amendment” as defined in the Yorba Linda Right-to-Vote Amendment (Measure B), and is therefore not subject to the approval of a majority vote of the electorate of the City to become effective, because General Plan Amendment 2022-01 does not result in any of the changes identified in Section 18.01.030(A) of the Yorba Linda Municipal Code to a Planning Policy document for any parcel of land affected by General Plan Amendment 2022-01 that would do any of the following: (1) increase the number of residential units which may be constructed on a parcel designated for residential uses; (2) increase the number of separate parcels which may be created from an existing parcel; (3) change any residential land use to allow any other land use;

ORDINANCE NO. 2022-1090
PAGE NO. 4
(4) change any non-residential land use to allow any residential land use greater than ten (10) net dwelling units per acre or allow a mix of commercial and residential uses; (5) increase the allowed maximum height of development; (6) provide for the private development of land owned by a government entity within five years of the date of the approval to develop the land; or (7) repeal any “Planning Policy Document” as defined in Section18.01.02 of the Yorba Linda Municipal Code; rather, General Plan Amendment 2022-01 is comprised of the establishment of land use classifications for overlay zones that do not, in and of themselves, effect a particular parcel of land.

Section 8. The City Manager or his designee is hereby authorized and directed to incorporate into the General Plan the amendments thereto as set forth in General Plan Amendment 2022-01, upon the effective date of this Ordinance.

Section 9. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Yorba Linda hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.

Section 10. This Ordinance is contingent upon a successful approval by the voters of the City of Yorba Linda of General Plan Amendment 2022-02 and Zoning Code Amendment 2022-02 and shall go into effect ten (10) days after such successful vote is declared by the legislative body.

Section 11. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be published within fifteen (15) days after passage in accordance with law and as designated by resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of publication, to be entered into the Book of Ordinances of the City of Yorba Linda.

PASSED, APPROVED AND ADOPTED at an adjourned regular meeting of the City Council of the City of Yorba Linda on this 9
th day of August, 2022.

_____________________________

CARLOS RODRIGUEZ, MAYOR

CITY OF YORBA LINDA
ATTEST:
___________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

ORDINANCE NO. 2022-1090
PAGE NO. 5
(SEAL)

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF YORBA LINDA )
I, MARCIA BROWN, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY that the foregoing Ordinance was adopted at an adjourned regular meeting of the City Council of the City of Yorba Linda held on the 9 th day of August,
2022, and was carried by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

ORDINANCE NO. 2022-1090
PAGE NO. 6
EXHIBIT “A”
GENERAL PLAN AMENDMENT 2022-01

MODIFICATIONS TO THE TEXT OF THE LAND USE ELEMENT

OF THE CITY OF YORBA LINDA GENERAL PLAN
Item
No.

Page/Location Amendment/Change
1 LU-25 – First
Paragraph
Add the following paragraphs describing overlay zones:

Residential Overlays (20 – 35 du/ac) – The Affordable Housing Overlay, Congregational Lands Overlay, and Mixed-Use Overlay zones permit a variety of multi-family dwelling types at a density of 20.0 to 35.0 dwelling units per acre. The appropriate housing types are predicated based on the site, location, adjacent land uses, and the purpose of the individual overlay zone as described in Section 18.17 of the Yorba Linda Zoning Code. Clustering of buildings allows for the provision of appropriate private recreational and open space amenities. The overlay zones encourage the inclusion of at least 20% affordable housing units in an effort to affirmatively further fair housing opportunities.

ORDINANCE NO. 2022-1091

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF YORBA LINDA AMENDING THE TEXT OF THE LAND

USE ELEMENT AND AMENDING THE LAND USE

DIAGRAM OF THE YORBA LINDA GENERAL PLAN
(GENERAL PLAN AMENDMENT 2022-02) PURSUANT TO

THE IMPLEMENTATION PROGRAMS OF THE CITY OF
YORBA LINDA 2021-2029 HOUSING ELEMENT, WITH

THE ADOPTION OF EACH INDIVIDUAL ITEM IDENTIFIED
IN GENERAL PLAN AMENDMENT 2022-02 CONTINGENT

UPON APPROVAL BY A MAJORITY VOTE OF THE

ELECTORATE OF THE CITY OF YORBA LINDA IN
COMPLIANCE WITH THE YORBA LINDA RIGHT-TOVOTE AMENDMENT WHEREAS, under California law, every city must adopt a general plan, which must include specified mandatory elements, in furtherance of the State policy to provide a comprehensive, long-term plan for the physical development and use of property within a city’s jurisdiction; and
WHEREAS, under California law, every city has the authority to adopt and amend a zoning code pursuant to a city’s general police power, which allows for the orderly division of property within a city’s jurisdiction into compatible uses and development standards so as to improve and protect the general welfare; and WHEREAS, under California law, all of the elements within a city’s general plan must be internally consistent, and all zoning must be in conformity with a city’s general plan; and
WHEREAS, on October 28, 2016, the City of Yorba Linda (City) adopted its current General Plan (General Plan); and
WHEREAS, the City may amend all or part of its adopted General Plan to promote the public interest up to four times during any calendar year pursuant to Government Code Section 65358; and
WHEREAS, under California law, Government Code Section 65580 et seq. (Housing Element Law), every city in the State is required to periodically review and update the housing element of a general plan for the city, every city is mandated to include State-specified content in a housing element, and every city is required to submit a draft of its housing element to the California Department of Housing and Community Development (HCD) for review and determination as to whether the city’s draft housing element substantially complies with the Housing Element Law; and WHEREAS, since October 2020, City staff conducted numerous study sessions and community workshops with stakeholders, consultants, and members of the public to comment and provide direction on the content of the City’s draft housing element; and WHEREAS, since October 2020, the City Council for the City of Yorba Linda (City Council) and Planning Commission of the City of Yorba Linda (Planning

ORDINANCE NO. 2022-1091
PAGE NO. 2
Commission) held study and scoping sessions at public meetings to inform and receive comments from the general public regarding the procedure and required content of the City’s housing element; and
WHEREAS, the Planning Commission on multiple dates between February 24, 2021 and July 28, 2021, and the City Council on August 3, 2021, reviewed a draft of the City’s housing element that, in accordance with State law, was submitted to HCD for review and comment; and
WHEREAS, since submitting the City’s draft housing element to HCD, City and HCD staff have reviewed and revised the draft housing element to accommodate all State-mandated content, and the City Council and Planning Commission have periodically held public meetings to inform and receive comments from stakeholders, consultants, and members of the public with respect to the draft housing element process; and
WHEREAS, on January 12, 2022, the Planning Commission conducted a public hearing recommending that the City Council approve the final Housing Element; and WHEREAS, on February 9, 2022, the City Council conducted a public hearing approving the 2021-2029 Housing Element; and
WHEREAS, on April 8, 2022, HCD determined that the City’s 2021-2029 Housing Element was substantially complying with State Housing Element law; and WHEREAS, the City of Yorba Linda 2021-2029 Housing Element identifies for the applicable 2021-2029 planning period the housing needs in the community and programs to achieve the housing goals, policies and objectives of the City, which substantially comply with State-mandated content under the State Housing Element law pursuant to the certification issued by HCD on April 8, 2022; and WHEREAS, the adopted Housing Element includes implementation programs that, if and when adopted by the City Council by separate and subsequent approvals from the approval of the Housing Element, would commence implementing actions (i) to amend the Land Use Element and Land Use Map of the City’s General Plan; and, (ii) to amend specified sections of the City of Yorba Linda Zoning Code, Title 18 of the Yorba Linda Municipal Code (Zoning Code) and Zoning Map; and
WHEREAS, the implementation programs included in the adopted Housing Element are intended to be carried out separately from the adoption by the City Council of the Housing Element to facilitate the compliance, if and as applicable, with the requirements of the Yorba Linda Right-to-Vote Amendment, Yorba Linda Municipal Code Section 18.01.010 et seq. (commonly known as “Measure B”), and are intended to preserve HCD’s certification of the adopted Housing Element for the entirety of the 2021-2029 planning period; and
WHEREAS, the City Council has determined that the proposed amendments to specified provisions in the City of Yorba Linda Land Use Diagram, as identified in Exhibit “A” attached to this Ordinance and incorporated herein by this reference (“General Plan Amendment 2022-02”), each constitute a “Major Amendment” as defined

ORDINANCE NO. 2022-1091
PAGE NO. 3
in the Yorba Linda Right-to-Vote Amendment (Measure B) and are therefore individually and/or collectively subject to the approval of a majority vote of the electorate of the City to become effective; and
WHEREAS, General Plan Amendment 2022-02 would amend the Land Use Element of the General Plan to increase the total residential capacity in the Community Core/Downtown Historical District Area Plan by 181 dwelling units to account for Sites S3-024, S3-074, S3-082, and S4-075; and
WHEREAS, General Plan Amendment 2022-02 would amend the Land Use Element of the General Plan to increase the total residential capacity in the West Bastanchury Area Plan by 228 dwelling units to account for Site S3-203; and WHEREAS, General Plan Amendment 2022-02 would amend the Land Use Diagram by changing the land use designations for the following sites to “Residential - High”: APN #322-061-01, -08, -10, -12 -13, -14, -15, -16, -17, -18, -18, -19, -20, -21 (Site S1-200), APN #323-081-35, -36 (Site S4-204B), APN #323-071-03 (Site S3-034), APN #343-561-08, -09 (Site S3-205A), APN #323-051-26, -27 (Site S3-211), APN #326-081-01 (Site 05-008), , APN #323-231-18, -19 (Site S4-200); and WHEREAS, General Plan Amendment 2022-02 includes provisions that are part of the implementation programs and implementing actions of the adopted Housing Element, and is necessary to ensure that the Land Use Element and Housing Element will be internally consistent within the City’s General Plan, as required by State law; and WHEREAS, the proposed revisions in General Plan Amendment 2022-02 are internally consistent with the other elements of the General Plan; and WHEREAS, notices of a public hearing were published, posted, and delivered in accordance with State and City laws for the consideration by the Planning Commission of the proposed amendments to the Land Use Element of the General Plan and General Plan Land Use Diagram (referred to herein as “General Plan Amendment 2022-02”) as part of the consideration of the proposed Housing Element and implementation programs included therein; and
WHEREAS, General Plan Amendment 2022-02 as identified in Exhibit “A” attached to this Ordinance, includes all of the amendments to the General Plan and General Plan Land Use Diagram that constitute a “Major Amendment” as defined in the Yorba Linda Right-to-Vote Amendment (Measure B) and are therefore individually and/or collectively subject to the approval of a majority vote of the electorate of the City to become effective. General Plan Amendment 2022-01 includes all of the amendments to the General Plan that do not constitute “Major Amendments” as defined in the Yorba Linda Right-to-Vote Amendment (Measure B) and are therefore not subject to the approval of a majority vote of the electorate of the City to become effective.; and WHEREAS, in accordance with State and City laws, on June 29, 2022, the Planning Commission conducted a public hearing to receive public testimony with respect to General Plan Amendment 2022-02 as part of the consideration of the adopted Housing Element implementation programs included therein; and

ORDINANCE NO. 2022-1091
PAGE NO. 4
WHEREAS, the Planning Commission considered the information provided by City staff, the public testimony, and the evidence presented at the Planning Commission public hearing on June 29, 2022, which includes, without limitation, the staff reports submitted by the Community Development Department; and
WHEREAS, on June 29, 2022, the Planning Commission, at a regular public meeting, considered and decided to recommend to the City Council the approval of General Plan Amendment 2022-02, subject to compliance, as applicable, with the requirements of Yorba Linda Right-to-Vote Amendment (Measure B), in furtherance of the implementation programs included in the Housing Element; and WHEREAS, notices of a public hearing were published, posted, and delivered in accordance with State and City laws for the consideration by the City Council of General Plan Amendment 2022-02 as part of the consideration of the adopted Housing Element implementation programs included therein; and
WHEREAS, in accordance with State and City laws, on August 2, 2022, the City Council conducted a public hearing to receive public testimony with respect to General Plan Amendment 2022-02 as part of the consideration of the Housing Element implementation programs included therein; and
WHEREAS, the City Council considered the information provided by City staff, the public testimony, and the evidence presented at the public hearing on August 2, 2022, which includes, without limitation, the staff reports submitted by the Community Development Department; and
WHEREAS, the City Council deferred any General Plan Amendments related to the following sites: APN #343-591-05, -06, -07, -25 (Site S3-207), APN 323-081-01 (Site S5-008), and APN 353-091-04, -05, -06, -12 (Site S7-001) until a later date in order to allow staff more time to potentially identify additional housing sites that could be included in order to reduce the total number of housing units assigned to these each of these sites, which is consistent with the timeline established in Program 8 of the City’s adopted and State-certified Housing Element, as well as the time extension approved through Senate Bill 197 and Government Code Section 65583.4.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YORBA LINDA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. The above recitals are true and correct and incorporated herein.

Section 2. The City Council has read and considered the amendments to the General Plan (referred to herein as “General Plan Amendment 2022-02”) as part of the consideration of the adopted Housing Element implementation programs included therein.

Section 3. The City Council finds that General Plan Amendment 2022-02 is necessary to ensure that the Zoning Code and Zoning Code Map are consistent within the City’s General Plan.

Section 4. The City Council finds that General Plan Amendment 2022-02 is necessary to implement the Housing Element programs established in the 2021-2029 Page 603 of 629 ORDINANCE NO. 2022-1091
PAGE NO. 5
Housing Element, and as approved by the State of California, and would permit and encourage the development of affordable housing opportunities pursuant to the Regional Housing Needs Assessment (RHNA) requirements, as set forth in the Housing Element Law and applicable State Guidelines, in locations adjacent to supporting services and public transportation provided they are compatible with, and will not adversely impact, the integrity and continuity of adjacent uses.

Section 5. The City Council hereby accepts the recommendation of the Planning Commission as modified herein to adopt General Plan Amendment 2022-02 as part of the consideration of the adopted Housing Element implementation programs included therein.

Section 6. The City Council hereby adopts General Plan Amendment 2022-02, subject to each item identified therein to become effective only upon the approval by a majority vote of the electorate of the City of Yorba Linda voting “YES” on a ballot measure for the adoption of that item of General Plan Amendment 2022-02 at a duly noticed and held regular or special election of the electorate of the City of Yorba Linda.

Section 7. Pursuant to Elections Code section 9222, the City Council by subsequent ordinance or resolution shall identify the date of the election during which items identified in General Plan Amendment 2022-02 will be submitted for consideration by the electorate of the City of Yorba Linda, which election date shall be held not less than eighty-eight (88) days after the date of the subsequent ordinance or Ordinance ordering the election. Upon the ordering of the election by the City Council, the City Clerk shall be authorized and directed to take any and all necessary and proper actions to submit any identified items in General Plan Amendment 2022-02 to a vote of the electorate of the City of Yorba Linda in accordance with applicable State, County, and City laws, including the Yorba Linda Right-to-Vote Amendment (Measure B). The City Council hereby reserves the authority to submit the items identified in General Plan Amendment 2022-02 to a vote of the electorate of the City of Yorba Linda in separate elections. None of the items identified in General Plan Amendment 2022-02 shall take effect until approved by a majority vote of the electorate of the City of Yorba Linda.

Section 8. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Yorba Linda hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.

Section 9. This Ordinance is contingent upon a successful approval by the voters of the City of Yorba Linda and shall go into effect ten (10) days after such successful vote is declared by the legislative body.

Section 10. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be published within fifteen (15) days after passage in accordance with law and as designated by resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of publication, to

ORDINANCE NO. 2022-1091
PAGE NO. 6
be entered into the Book of Ordinances of the City of Yorba Linda.

PASSED, APPROVED AND ADOPTED at an adjourned regular meeting of the City Council of the City of Yorba Linda on this 9
th day of August, 2022.
_____________________________

CARLOS RODRIGUEZ, MAYOR

CITY OF YORBA LINDA
ATTEST:
__________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA
(SEAL)

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF YORBA LINDA )
I, MARCIA BROWN, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY that the foregoing Ordinance was adopted at an adjourned regular meeting of the City Council of the City of Yorba Linda held on the 9 th day of August,
2022, and was carried by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

ORDINANCE NO. 2022-1091
PAGE NO. 7
EXHIBIT “A”
GENERAL PLAN AMENDMENT 2022-02
(Comprised of Item #1 – Item #9)

MODIFICATIONS TO THE TEXT OF THE LAND USE ELEMENT

OF THE CITY OF YORBA LINDA GENERAL PLAN
Item
No.

Page/Location Amendment/Change
1 LU-25 Allowing multi-family housing at up to 35 DU/AC may be considered for specified sites within SAVI Ranch.
2 LU-26 Increase the total residential capacity in the Community Core/Downtown Historical District Area Plan by 181 dwelling units to account for Sites S3-024, S3-074, S3-082, and S4-075
3 LU-28 Increase the total residential capacity in the West Bastanchury Area Plan by 228 dwelling units to account for Site S3-203

MODIFICATIONS TO THE LAND USE DIAGRAM

OF THE CITY OF YORBA LINDA GENERAL PLAN
Item
No.

Page/
Location
Site
No.

Site Description Amendment/Change
4 Map Site
S1-200
APN #322-061-01, -08, -
10, -12 -13, -14, -15, -16,
-17, -18, -18, -19, -20, -
21 Replace Land Use Diagram with updated version
showing that the land use designation for this site
has changed from “Residential – Medium Low”
to “Residential - High”.
5 Map Site
S4-200
APN #323-231-18, -19 Replace Land Use Diagram with updated version showing that the land use designation for this site
has changed from “Residential – Medium” to
“Community Core/Downtown Historical District
Area Plan”
6 Map Site
S4-
204B
APN 323-081-35, -36 Replace Land Use Diagram with updated version showing that the land use designation for this site
has changed from “Residential – Medium Low”
to “Residential - High”
7 Map Site
S3-034
APN #343-071-03 Replace Land Use Diagram with updated version showing that the land use designation for this site
has changed from “Residential – Medium” to
“Residential - High”

ORDINANCE NO. 2022-1091
PAGE NO. 8
Item
No.

Page/
Location
Site
No.

Site Description Amendment/Change
8 Map Site
S3-
205A
APN #343-561-08, -09 Replace Land Use Diagram with updated version showing that the land use designation for this site
has changed from “Residential – Medium Low”
to “Residential - High”
9 Map Site
S3-211
APN #323-051-26, -27 Replace Land Use Diagram with updated version showing that the land use designation for this site
has changed from “Residential – Medium” to
“Residential - High”

ORDINANCE NO. 2022-1092

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF YORBA LINDA AMENDING THE CITY OF YORBA

LINDA ZONING CODE PURSUANT TO THE

IMPLEMENTATION PROGRAMS OF THE CITY OF
YORBA LINDA 2021-2029 HOUSING ELEMENT, AND
FINDING THAT ZONING CODE AMENDMENT ZCA 2022-
01 IS NOT SUBJECT TO A VOTE OF THE ELECTORATE

OF THE CITY OF YORBA LINDA UNDER THE YORBA

LINDA RIGHT-TO-VOTE AMENDMENT
WHEREAS, under California law, every city must adopt a general plan, which must include specified mandatory elements, in furtherance of the State policy to provide a comprehensive, long-term plan for the physical development and use of property within a city’s jurisdiction; and
WHEREAS, under California law, every city has the authority to adopt and amend a zoning code pursuant to a city’s general police power, which allows for the orderly division of property within a city’s jurisdiction into compatible uses and development standards so as to improve and protect the general welfare; and WHEREAS, under California law, all of the elements within a city’s general plan must be internally consistent, and all zoning must be in conformity with a city’s general plan; and
WHEREAS, on October 28, 2016, the City of Yorba Linda (City) adopted its current General Plan (General Plan); and
WHEREAS, the City may amend all or part of its adopted General Plan to promote the public interest up to four times during any calendar year pursuant to Government Code Section 65358; and
WHEREAS, under California law, Government Code Section 65580 et seq. (Housing Element Law), every city in the State is required to periodically review and update the housing element of a general plan for the city, every city is mandated to include State-specified content in a housing element, and every city is required to submit a draft of its housing element to the California Department of Housing and Community Development (HCD) for review and determination as to whether the city’s draft housing element substantially complies with the Housing Element Law; and WHEREAS, since October 2020, City staff conducted numerous study sessions and community workshops with stakeholders, consultants, and members of the public to comment and provide direction on the content of the City’s draft housing element; and WHEREAS, since October 2020, the City Council for the City of Yorba Linda (City Council) and Planning Commission of the City of Yorba Linda (Planning Commission) held study and scoping sessions at public meetings to inform and receive comments from the general public regarding the procedure and required content of the City’s housing element; and
WHEREAS, the Planning Commission on multiple dates between February 24, 2021 and July 28, 2021, and the City Council on August 3, 2021, reviewed a draft of the City’s housing element that, in accordance with State law, was submitted to HCD for review and comment; and
WHEREAS, since submitting the City’s draft housing element to HCD, City and HCD staff have reviewed and revised the draft housing element to accommodate all State-mandated content, and the City Council and Planning Commission have periodically held public meetings to inform and receive comments from stakeholders, consultants, and members of the public with respect to the draft housing element process; and
WHEREAS, on January 12, 2022, the Planning Commission conducted a public hearing recommending that the City Council approve the final Housing Element; and WHEREAS, on February 9, 2022, the City Council conducted a public hearing approving the 2021-2029 Housing Element; and

ORDINANCE NO. 2022-1092
PAGE NO. 2
WHEREAS, on April 8, 2022, HCD determined that the City’s 2021-2029 Housing Element was substantially complying with State Housing Element law; and WHEREAS, the City of Yorba Linda 2021-2029 Housing Element identifies for the applicable 2021-2029 planning period the housing needs in the community and programs to achieve the housing goals, policies and objectives of the City, which substantially comply with State-mandated content under the State Housing Element law pursuant to the certification issued by HCD on April 8, 2022; and WHEREAS, the adopted Housing Element includes implementation programs that, if and when adopted by the City Council by separate and subsequent approvals from the approval of the Housing Element, would commence implementing actions (i) to amend the Land Use Element and Land Use Map of the City’s General Plan; and, (ii) to amend specified sections of the City of Yorba Linda Zoning Code, Title 18 of the Yorba Linda Municipal Code (Zoning Code) and Zoning Map; and
WHEREAS, the implementation programs included in the adopted Housing Element are intended to be carried out separately from the adoption by the City Council of the Housing Element to facilitate the compliance, if and as applicable, with the requirements of the Yorba Linda Right-to-Vote Amendment, Yorba Linda Municipal Code Section 18.01.010 et seq. (commonly known as “Measure B”), and are intended to preserve HCD’s certification of the adopted Housing Element for the entirety of the 2021-2029 planning period; and
WHEREAS, the proposed amendment to specified provisions in the Zoning Code, as identified in Exhibit “A” attached to this Ordinance and incorporated herein by this reference (“Zoning Code Amendment 2022-01”) are part of the implementation programs and implementing actions of the adopted Housing Element, and are necessary to ensure that the Zoning Code is consistent within the City’s General Plan, as required by State law; and
WHEREAS, Zoning Code Amendment 2022-01 would add Chapter 18.17 (Overlay Zones) to the Zoning Code; and
WHEREAS, Zoning Code Amendment 2022-02 would amend the text of the West Bastanchury Planned Development (PD) for District II to create Area A, which would adhere to the existing District II development standards, for the following sites:

APN #323-181-03, #323-191-10 through 44, and #323-201-08 through 39; and to create Area B, which would adhere to the RM (Residential Mutli-family) zone development standards for the following sites: APN# 323-181-04, -05, 06, -07, and #323-191-06, -07, -46; and
WHEREAS, the City Council has determined that Zoning Code 2022-01 does not constitute a “Major Amendment” as defined in the Yorba Linda Right-to-Vote Amendment (Measure B) and is therefore not subject to the approval of a majority vote of the electorate of the City to become effective; and
WHEREAS, Zoning Code Amendment 2022-01 includes provisions that are part of the implementation programs and implementing actions of the adopted Housing Element, and is necessary to ensure that the City’s Zoning Code is consistent with the City’s General Plan, as required by State law; and
WHEREAS, the West Bastanchury Planned Development (PD) and Yorba Linda Hills Planned Development (PD) are not “Planning Policy Documents” under the Yorba Linda Right-to-Vote Amendment, Yorba Linda Municipal Code Section 18.01.020 (Measure B); and
WHEREAS, the Zoning Code and the Zoning Map are “Planning Policy Documents” under the Yorba Linda Right-to-Vote Amendment, Yorba Linda Municipal Code Section 18.01.020 (Measure B), which has additional public notice and public hearing requirements that require the Planning Commission to hold a public hearing pursuant to Section 18.01.040 that otherwise may not be required under state law; and WHEREAS, notices of a public hearing were published, posted, and delivered in accordance with State and City laws for the consideration by the Planning Commission of the proposed amendments to the Zoning Code (referred to herein as Zoning Code

ORDINANCE NO. 2022-1092
PAGE NO. 3
Amendment 2022-01) as part of the consideration of the adopted Housing Element and implementation programs included therein; and
WHEREAS, Zoning Code Amendment 2022-01, as identified in Exhibit “A” attached to this Ordinance, includes all of the amendments to the Zoning Code that do not constitute “Major Amendments” as defined in the Yorba Linda Right-to-Vote Amendment (Measure B) and are therefore not subject to the approval of a majority vote of the electorate of the City to become effective. Zoning Code Amendment 2022-02 includes all of the amendments to the Zoning Code and Zoning Map that constitute a “Major Amendment” as defined in the Yorba Linda Right-to-Vote Amendment (Measure B) and are therefore individually and/or collectively subject to the approval of a majority vote of the electorate of the City to become effective; and WHEREAS, in accordance with State and City laws, on June 29, 2022, the Planning Commission conducted a public hearing to receive public testimony with respect to Zoning Code Amendment 2022-01 as part of the consideration of the adopted Housing Element implementation programs included therein; and WHEREAS, the Planning Commission considered the information provided by City staff, the public testimony, and the evidence presented at the Planning Commission public hearing on June 29, 2022, which includes, without limitation, the staff reports submitted by the Community Development Department; and
WHEREAS, on June 29, 2022, the Planning Commission, at a regular public meeting, considered and decided to recommend to the City Council the approval of Zoning Code Amendment 2022-01, subject to compliance, as applicable, with the requirements of Yorba Linda Right-to-Vote Amendment (Measure B), in furtherance of the implementation programs included in the Housing Element; and WHEREAS, notices of a public hearing were published, posted, and delivered in accordance with State and City laws for the consideration by the City Council of Zoning Code Amendment 2022-01 as part of the consideration of the adopted Housing Element implementation programs included therein; and
WHEREAS, in accordance with State and City laws, on August 2, 2022, the City Council conducted a public hearing to receive public testimony with respect to Zoning Code Amendment 2022-01 as part of the consideration of the Housing Element implementation programs included therein; and
WHEREAS, the City Council considered the information provided by City staff, the public testimony, and the evidence presented at the public hearing on August 2, 2022, which includes, without limitation, the staff reports submitted by the Community Development Department; and
WHEREAS, the City Council deferred any Zoning Code Amendments related to the following sites: APN #343-591-05, -06, -07, -25 (Site S3-207), APN 323-081-01 (Site S5-008), and APN 353-091-04, -05, -06, -12 (Site S7-001) until a later date in order to allow staff more time to potentially identify additional housing sites that could be included in order to reduce the total number of housing units assigned to these each of these sites, which is consistent with the timeline established in Program 8 of the City’s adopted and State-certified Housing Element, as well as the time extension approved through Senate Bill 197 and Government Code Section 65583.4.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YORBA LINDA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. The above recitals are true and correct and incorporated herein.

Section 2. The City Council has read and considered the amendments to the Zoning Code (referred to herein as “Zoning Code Amendment 2022-01”) as part of the consideration of the adopted Housing Element implementation programs included therein.

Section 3. The City Council finds that Zoning Code Amendment 2022-01 is necessary to ensure that the Zoning Code is consistent within the City’s General Plan.

ORDINANCE NO. 2022-1092
PAGE NO. 4
Section 4. The City Council finds that Zoning Code Amendment 2022-01 is necessary to establish development standards that, when applied to specific sites identified in Zoning Code Amendment 2022-02, would permit and encourage the development of affordable housing opportunities pursuant to the Regional Housing Needs Assessment (RHNA) requirements, as set forth in the Housing Element Law and applicable State Guidelines, in locations adjacent to supporting services and public transportation provided they are compatible with, and will not adversely impact, the integrity and continuity of adjacent uses.

Section 5. The City Council hereby accepts the recommendation of the Planning Commission as modified herein to adopt Zoning Code Amendment 2022-01 as part of the consideration of the adopted Housing Element implementation programs included therein.

Section 6. The City Council hereby adopts Zoning Code Amendment 2022-01.

Section 7. The City Council hereby finds that Zoning Code Amendment 2022- 01 is not a “Major Amendment” as defined in the Yorba Linda Right-to-Vote Amendment (Measure B), and is therefore not subject to the approval of a majority vote of the electorate of the City to become effective, because Zoning Code Amendment 2022-01 does not result in any of the changes identified in Section 18.01.030(A) of the Yorba Linda Municipal Code to the development standards for any parcel of land affected by Zoning Code Amendment 2022-01. Specifically, Zoning Code Amendment 2022-01 does not: (1) increase the number of residential units which may be constructed on a parcel designated for residential uses; (2) increase the number of separate parcels which may be created from an existing parcel; (3) change any residential land use to allow any other land use; (4) change any non-residential land use to allow any residential land use greater than ten (10) net dwelling units per acre or allow a mix of commercial and residential uses; (5) increase the allowed maximum height of development; (6) provide for the private development of land owned by a government entity within five years of the date of the approval to develop the land; or (7) repeal any “Planning Policy Document” as defined in Section18.01.02 of the Yorba Linda Municipal Code; rather, Zoning Code Amendment 2022-01 is comprised of the establishment of land use overlay development standards that do not, in and of themselves, effect a particular parcel of land.

Section 8. The City Manager or his designee is hereby authorized and directed to incorporate into the Zoning Code the amendments thereto as set forth in Zoning Code Amendment 2022-01, upon the effective date of this Ordinance.

Section 9. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Yorba Linda hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.

Section 10. This Ordinance is contingent upon a successful approval by the voters of the City of Yorba Linda of General Plan Amendment 2022-02 and Zoning Code Amendment 2022-02 and shall go into effect ten (10) days after such successful vote is declared by the legislative body.

Section 11. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be published within fifteen (15) days after passage in accordance with law and as designated by resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of publication, to be entered into the Book of Ordinances of the City of Yorba Linda.

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PASSED, APPROVED AND ADOPTED at an adjourned regular meeting of the City Council of the City of Yorba Linda on this 9
th day of August, 2022.
________________________________

CARLOS RODRIGUEZ, MAYOR

CITY OF YORBA LINDA
ATTEST:
___________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA
(SEAL)

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF YORBA LINDA )
I, MARCIA BROWN, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY that the foregoing Ordinance was adopted at an adjourned regular meeting of the City Council of the City of Yorba Linda held on the 9 th day of August,
2022, and was carried by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

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EXHIBIT “A”
ZONING CODE AMENDMENT 2022-01
(Comprised of Item #1 - Item #5)

MODIFICATIONS TO THE TEXT OF THE CITY OF YORBA LINDA ZONING CODE (TITLE 18 OF THE YORBA LINDA MUNICIPAL CODE)

ITEM #1. The first line of the definition for “Affordable housing definitions” in Section

18.04.020 is amended to the following:
“Affordable housing definitions” mean the following terms and that are defined for the purposes of Chapter 18.17 (Overlay Zones) and Chapter 18.19 (Density Bonus, Waivers, and Incentives).

ITEM #2. Section 18.19.110.A is amended in its entirety to the following:

A. Terms of Affordability. Affordable housing units developed under this chapter shall remain available to persons and families of very low, low, and moderate income, at an affordable housing cost or affordable rental cost, as those income and affordability levels are defined in Chapter 18.04, for a minimum of 55 years for rental housing and 45 years for ownership housing. The period of affordability required hereunder shall run concurrently with any period of affordability required by any other agency; provided, however, that the affordability period shall not be less than as set forth in this section.

The project developer shall be required to enter into an affordable housing agreement with the City to ensure affordability is maintained for the required period.

ITEM #3. Chapter 18.17 of the Yorba Linda Municipal Code is amended to add the following:

Chapter 18.17 Overlay Zones
Sections:

Article I: Affordable Housing Overlay (AHO) Zone
Article II: Congregational Lands Overlay (CLO) Zone
Article III: Mixed-Use Overlay (MUO) Zone

18.17.010 Established
Because of their special or unique characteristics, the following overlay zones are established:

A. AHO Affordable Housing Overlay Zone;
B. CLO Congregational Lands Overlay Zone;
C. MUO Mixed-Use Overlay Zone

18.17.020 Purpose.

The purposes of the housing overlay zones are to facilitate the construction of lowerpriced and affordable housing on sites which are suitable, and to address the Statemandated regional housing needs.

18.17.030 Applicability.

Each overlay district may be applied to a property or group of properties by ordinance of the City Council. The Zoning Map will identify the overlay zone district with the appropriate suffix, given in Section 18.17.010, after the underlying zone district.

Applicants may submit an entitlement application under the standards of either the underlying zone or the overlay zone and shall clearly state on their application which standards are being used. Projects applying under the standards of the overlay zone

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shall comply with all overlay zone requirements; where no requirement is given, the standards of the underlying zone shall apply.

18.17.040 Definitions.

The terms in this chapter are defined in Chapter 18.04 (Definitions) under the term “Affordable Housing Definitions.”

18.17.050 Affordability Requirement.

A. All housing projects processed under the standards of these overlay zones shall include deed-restricted affordable housing units. These housing units shall be subject to the standards given in Section 18.19.110 (A) and execute an affordable housing agreement with the City as described in Section 18.19.110 (B).

B. A minimum of twenty percent of rental housing units, exclusive of any density bonus units, shall be developed, offered to, and rented to very low- or low-income households at an affordable rental cost as defined in Chapter 18.04. The restriction shall apply for a minimum of 55 years.

C. A minimum of twenty percent of ownership housing units, exclusive of any density bonus units, shall be developed, offered to, and sold to low or moderate-income households at an affordable housing cost as defined in Chapter 18.04. The restriction shall apply for a minimum of 45 years.

18.17.060 General Development Standards.

A. Projects shall be subject to the development standards of the underlying zone, except as described in this Chapter.

B. Setbacks. For all housing overlay zones, the setback regulations of the underlying zone as given in Section 18.10.090 shall apply, except that:

1. The minimum setback shall be no greater than 20 feet. Section 18.10.100 (A)(1), which requires a 50-foot setback from single-family zones for buildings exceeding 15 feet in height, shall continue to apply.

2. Uncovered parking spaces, common open space areas, and private patios and stoops shall be permitted within setback areas provided that a masonry wall six feet in height and screen landscaping at least 5 feet in width is erected and maintained between such uses and the property line. In addition, uncovered parking spaces within front and streetside setback areas, however, shall be located a minimum of 10 feet from the property line as required in Section

18.22.040 (C)(2)(f).

C. Landscaping. For all housing overlay zones, the following landscaping standards shall apply. These standards shall override Section 18.10.110 (C)(2) and 18.10.110 (C)(3), if applicable:

1. A minimum 50 percent of the building site area, exclusive of building footprints, shall be landscaped and provided with an adequate underground irrigation system.

2. A minimum of 25 percent of the building site area, exclusive of building footprints, shall accommodate private, active patio areas or active areas for common use of residents such as BBQs, playgrounds, hardscape features, and outdoor seating areas. The active areas for common use of residents shall comprise no less than one-fifth of this 25 percent of building site area.

D. Minimum Unit Size. For all housing overlay zones, the minimum unit size shall be:

1. Studio units: 400 square feet

2. 1-bedroom units: 600 square feet

3. 2-bedroom units: 700 square feet

4. 3-bedroom units: 900 square feet
Article I: Affordable Housing Overlay (AHO) Zone

18.17.100 Purpose
The purposes of the affordable housing overlay zone are to facilitate the construction of lower-cost, smaller-lot housing; to assist in providing affordable housing to all segments of the community; and to make available additional land for multifamily and condominium housing development.

18.17.110 Permitted Uses.

Any project utilizing the Affordable Housing Overlay Zone shall comply with the use regulations of the underlying zone.

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18.17.120 Density.

The minimum dwelling unit density of any development utilizing the standards of the Affordable Housing Overlay Zone shall be 20 units per acre. The maximum dwelling unit density of any development utilizing the standards of the Affordable Housing Overlay Zone shall be 35 units per acre.

18.17.130 Height.

The maximum height of any structure in the Affordable Housing Overlay zone shall be three stories and 40 feet.

18.17.140 Off-Street Parking.

Off-street parking standards shall be governed by the minimum parking requirements of the underlying zone (Section 18.22.030 (B)) and all other requirements and incentives of this Title.

Article II: Congregational Lands Overlay (CLO) Zone

18.17.200 Purpose
The purpose of the Congregational Land Overlay zone is to encourage the construction of affordable housing in conjunction with religious institutions which provide important social and community services to the Yorba Linda community, to enable these institutions to further their mission to serve disadvantaged populations, and to improve utilization of land resources which may go unused for large portions of the week, in keeping with State law AB 1851 (2020).

18.17.210 Permitted Uses.

Multiple family dwellings and condominiums shall be permitted in the Congregational Land Overlay zone in addition to any uses permitted in the underlying zone, provided that these uses occur in conjunction with a church/temple/religious institution use with a valid conditional use permit. Church/temple/religious institutional uses must continue to operate in conjunction with the previously approved conditional use permit, except as described in Section 18.17.230.

18.17.220 Site Area Definition and Density.

A. With the entitlement application, the applicant shall define the portion of the site which is for residential use, including open spaces and parking which are reserved for exclusive residential use. This portion of the site shall be no larger than the land area of half of the congregation’s existing parking area plus all existing undeveloped open space with a slope of less than 5%.

B. Within the portion of the site thus defined for residential use, the minimum dwelling unit density of any development utilizing the standards of the Congregational Land Overlay Zone shall be 20 units per acre. The maximum dwelling unit density of any development utilizing the standards of the Congregational Land Overlay Zone shall be 35 units per acre.

18.17.230 Exemption from Amendments to Existing Conditional Use Permit.

A. Housing development subject to the standards of this overlay zone may be approved without amendment to the original Conditional Use Permit, provided that the proposed development complies with all use and development regulations of this CLO zone. In addition, development of church/temple/religious institution and other non-residential structures may be approved without amendment to the original Conditional Use Permit provided that the development plan meets the following conditions:

1. The total square footage of non-residential space on the site does not exceed the amount authorized by the original Conditional Use Permit.

2. The total parking requirement for non-residential space on the site does not exceed the amount authorized by the original Conditional Use Permit.

3. The site contains no identified historic resource.

4. The original Conditional Use Permit’s operational conditions remain in effect.

18.17.240 Height.

The maximum height of any structure in the Congregational Land Overlay zone shall be three stories and 40 feet, according to the methodology established in Section

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18.26.030.

18.17.250 Off-Street Parking.

Pursuant to the maximum established in Government Code Section 65913.6, the development shall provide one uncovered or covered off-street parking space per dwelling unit, except for senior housing developments which shall provide a minimum of one-half uncovered or covered parking space per dwelling unit. These spaces may be shared with the church/temple/religious institution or any previously permitted use onsite.

18.17.260 Adaptive Reuse.

The conversion of existing nonresidential structures into dwelling units shall be permitted, provided that they meet the stipulations of Section 18.17.220 and all building code requirements. Existing structures which are converted in this manner shall not trigger requirements to provide additional open space or setbacks, or to decrease the height of the structure.

18.17.270 Transfer of Development Rights
A property owner within the Congregational Land Overlay zone may solicit a Transfer of Development Rights to an abutting residential property with a lower maximum density than the Congregational Land Overlay zone. The Transfer of Development Rights will reduce the number of permitted units on the Congregational Land Overlay zone property and increase the number of permitted units by the same amount on the abutting property, provided that the resultant permitted density on the abutting property is no higher than 35 dwelling units per acre. The Transfer of Development Rights shall be subject to conditional use permit approval as described in Section 18.36.200, and once approved, shall be recorded against both properties.

Article III: Mixed-Use Overlay (MUO) Zone

18.17.300 Purpose
The purposes of the mixed-use overlay zone are to increase the housing stock of the City which is affordable to households at different income levels, to spur revitalization and investment, to improve the utilization of land, and to decrease vehicular use by permitting the construction of housing on sites which contain community-serving retail and service uses.

18.17.310 Permitted Uses and Configuration.

Multiple family dwellings and condominiums shall be permitted in the Mixed-Use Overlay Zone, provided that these uses are located on the same site as retail uses containing at least 10,000 square feet of commercial space which meet the standards of the underlying zone. At least half of the building square footage within the MUO-zoned property shall be residential. Residential uses may be located on top of commercial uses (vertical mixed-use) or in separate structures on the same lot (horizontal mixeduse).

18.17.320 Site Area Definition and Density.

The minimum dwelling unit density of any development utilizing the standards of the Mixed-Use Overlay Zone shall be 20 units per acre. The maximum dwelling unit density of any development utilizing the standards of the Mixed-Use Overlay Zone shall be 35 units per acre. The site area shall be defined as the entirety of the legally defined parcels containing the residential development.

18.17.330 Height.

A. The maximum height of any structure in the Mixed-Use Overlay zone shall be four stories and 50 feet. Any project which is four stories in height shall also comply with the following standards:

1. All fourth story elements shall be located at least 70 feet from any public street and at least 100 feet from any single-family residential zone.

2. Fourth story elements shall not have a linear dimension greater than 200 feet.

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18.17.340 Off-Street Parking.

A. The number of residential parking spaces required shall conform to the standards of the R-M-30 zone, as expressed in Section 18.22.030 (B), and all other requirements and incentives of this Title.

B. The minimum number of off-street parking spaces to be provided for nonresidential uses may be reduced by up to 35 percent from the standards otherwise required by Section 18.22.030 (B) by the Planning Commission through Design Review. Any request to reduce nonresidential parking shall be supported with a parking study prepared by a qualified traffic engineer and subject to review and approval by the Community Development Director and City Engineer.

C. Residential and nonresidential parking areas shall be separate and have clear signage distinguishing the two parking areas. Nonresidential parking areas may be used for residential guest parking at the owner’s discretion.

18.17.350 Standards.

A. Projects in the Mixed-Use Overlay Zone shall be subject to the following site planning and design standards. Any of these standards may be waived by the Planning Commission through Design Review:

1. Retail uses shall be visible from adjacent public streets and shall not be located behind solely residential buildings.

2. Ground-floor retail space for any new construction buildings shall be at least 18 feet floor-to-floor height, and retail spaces shall be at least 40 feet deep.

3. Vertical mixed-use buildings shall incorporate different entries for residential and commercial uses. The main entrance to a space which is open to the public shall be clearly identifiable by providing a change in plane (e.g. recessed entry), differentiation in material and color, and/or enhanced lighting. Clear identification signage shall also be used to differentiate the primary entry into the space.

4. Gates may be used to control vehicular and pedestrian access to the residential portion of a horizontal mixed-use site.

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ITEM #4. The West Bastanchury Planned Development (PD) text for District II is amended as follows; however, this Zone Change shall not become effective until General Plan Amendment 2022-02 is approved by a majority vote of the electorate of the City to increase the total residential capacity in the West Bastanchury Area Plan by 228 dwelling units to account for Site S3-203

ORDINANCE NO. 2022-1093

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF YORBA LINDA AMENDING THE CITY OF YORBA

LINDA ZONING CODE AND ZONING MAP (ZONING
CODE AMENDMENT 2022-02) PURSUANT TO THE

IMPLEMENTATION PROGRAMS OF THE CITY OF
YORBA LINDA 2021-2029 HOUSING ELEMENT, WITH

THE ADOPTION OF EACH INDIVIDUAL ITEM IDENTIFIED
IN ZONING CODE AMENDMENT 2022-02 CONTINGENT

UPON APPROVAL BY A MAJORITY VOTE OF THE

ELECTORATE OF THE CITY OF YORBA LINDA IN
COMPLIANCE WITH THE YORBA LINDA RIGHT-TOVOTE AMENDMENT WHEREAS, under California law, every city must adopt a general plan, which must include specified mandatory elements, in furtherance of the State policy to provide a comprehensive, long-term plan for the physical development and use of property within a city’s jurisdiction; and
WHEREAS, under California law, every city has the authority to adopt and amend a zoning code pursuant to a city’s general police power, which allows for the orderly division of property within a city’s jurisdiction into compatible uses and development standards so as to improve and protect the general welfare; and WHEREAS, under California law, all of the elements within a city’s general plan must be internally consistent, and all zoning must be in conformity with a city’s general plan; and
WHEREAS, on October 28, 2016, the City of Yorba Linda (City) adopted its current General Plan (General Plan); and
WHEREAS, the City may amend all or part of its adopted General Plan to promote the public interest up to four times during any calendar year pursuant to Government Code Section 65358; and
WHEREAS, under California law, Government Code Section 65580 et seq. (Housing Element Law), every city in the State is required to periodically review and update the housing element of a general plan for the city, every city is mandated to include State-specified content in a housing element, and every city is required to submit a draft of its housing element to the California Department of Housing and Community Development (HCD) for review and determination as to whether the city’s draft housing element substantially complies with the Housing Element Law; and WHEREAS, since October 2020, City staff conducted numerous study sessions and community workshops with stakeholders, consultants, and members of the public to comment and provide direction on the content of the City’s draft housing element; and WHEREAS, since October 2020, the City Council for the City of Yorba Linda (City Council) and Planning Commission of the City of Yorba Linda (Planning Commission) held study and scoping sessions at public meetings to inform and receive comments from the general public regarding the procedure and required content of the City’s housing element; and
WHEREAS, the Planning Commission on multiple dates between February 24, 2021 and July 28, 2021, and the City Council on August 3, 2021, reviewed a draft of the City’s housing element that, in accordance with State law, was submitted to HCD for review and comment; and
WHEREAS, since submitting the City’s draft housing element to HCD, City and HCD staff have reviewed and revised the draft housing element to accommodate all State-mandated content, and the City Council and Planning Commission have periodically held public meetings to inform and receive comments from stakeholders, consultants, and members of the public with respect to the draft housing element process; and
WHEREAS, on January 12, 2022, the Planning Commission conducted a public hearing recommending that the City Council approve the final Housing Element; and

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WHEREAS, on February 9, 2022, the City Council conducted a public hearing approving the 2021-2029 Housing Element; and
WHEREAS, on April 8, 2022, HCD determined that the City’s 2021-2029 Housing Element was substantially complying with State Housing Element law; and WHEREAS, the City of Yorba Linda 2021-2029 Housing Element identifies for the applicable 2021-2029 planning period the housing needs in the community and programs to achieve the housing goals, policies and objectives of the City, which substantially comply with State-mandated content under the State Housing Element law pursuant to the certification issued by HCD on April 8, 2022; and WHEREAS, the adopted Housing Element includes implementation programs that, if and when adopted by the City Council by separate and subsequent approvals from the approval of the Housing Element, would commence implementing actions (i) to amend the Land Use Element and Land Use Map of the City’s General Plan; and, (ii) to amend specified sections of the City of Yorba Linda Zoning Code, Title 18 of the Yorba Linda Municipal Code (Zoning Code) and Zoning Map; and
WHEREAS, the implementation programs included in the adopted Housing Element are intended to be carried out separately from the adoption by the City Council of the Housing Element to facilitate the compliance, if and as applicable, with the requirements of the Yorba Linda Right-to-Vote Amendment, Yorba Linda Municipal Code Section 18.01.010 et seq. (commonly known as “Measure B”), and are intended to preserve HCD’s certification of the adopted Housing Element for the entirety of the 2021-2029 planning period; and
WHEREAS, the City Council has determined that the proposed amendments to specified provisions in the City of Yorba Linda Zoning Code (Title 18 of the Yorba Linda Municipal Code) and the Zoning Map, as identified in Exhibit “A” attached to this Ordinance and incorporated herein by this reference (“Zoning Code Amendment 2022- 02”), each constitute a “Major Amendment” as defined in the Yorba Linda Right-to-Vote Amendment (Measure B) and are therefore individually and/or collectively subject to the approval of a majority vote of the electorate of the City to become effective; and WHEREAS, Zoning Code Amendment 2022-02 would amend Table 18.10-2 (Residential Development Standards) to modify the maximum building height in the RM20 zoning designation to “40 feet or 3 stories, whichever is less”; and WHEREAS, Zoning Code Amendment 2022-02 would amend the text of the West Bastanchury Planned Development (PD) for District II to create Area A, which would adhere to the existing District II development standards, for the following sites:

APN #323-181-03, #323-191-10 through 44, and #323-201-08 through 39; and to create Area B, which would adhere to the RM (Residential Mutli-family) zone development standards for the following sites: APN# 323-181-04, -05, 06, -07, and #323-191-06, -07, -46; and
WHEREAS, Zone Change 2022-02, which consists of proposed amendments to the Zoning Map, as identified in Exhibit “A”, is considered to be a part of Zoning Code Amendment 2022-02; and
WHEREAS, Zone Change 2022-02 would amend the Zoning Map by changing the zoning designations for the following sites to “Residential Multiple Family” (R-M) to allow a maximum residential density of ten (10) dwelling units per acre: APN #323-071- 03 (Site S3-034), APN #343-561-08, -09 (Site S3-205A), APN #323-051-26, -27 (Site S3-211); and
WHEREAS, Zone Change 2022-02 would amend the Zoning Map by changing the zoning designation for the following site to “Planned Development – Residential Multiple Family” (PD (R-M)) to allow a maximum residential density of ten (10) dwelling units per acre: APN #323-181-04, -05, -06, -07, 323-191-06, -07, -39, -46 (Site S3-203); and
WHEREAS, Zone Change 2022-02 would amend the Zoning Map by changing the zoning designations for the following sites to “Residential Multiple Family 20” (RMPage 620 of 629 ORDINANCE NO. 2022-1093
PAGE NO. 3
20) to allow a maximum residential density of twenty (20) dwelling units per acre and a maximum building height of forty (40) feet or three stories, whichever is less: APN #322- 061-01, -08, -10, -12, -13, -14, -15, -16, -17, -18, -18, -19, -20, -21 (Site S1-200), APN #343-582-01, -02 (Site S3-074), APN #334-101-39, -40 (Site S3-082), APN #323-311- 03 (Site S4-075), APN #323-231-18, -19 (Site S4-200), APN #323-081-35, -36 (Site S4- 204B), APN #352-115-08 (Site S6-015), APN #352-117-09, -11, -12 (Site S6-020); and WHEREAS, Zone Change 2022-02 would amend the Zoning Map by adding the “Affordable Housing Overlay” zoning designation to the following sites to allow a maximum residential density of thirty-five (35) dwelling units per acre and a maximum building height of fifty (50) feet or four (4) stories, whichever is less: APN #322-061-01, - 08, -10, -12, -13, -14, -15, -16, -17, -18, -18, -19, -20, -21 (Site S1-200), APN #343-582- 01, -02 (Site S3-074), APN #334-101-39, -40 (Site S3-082), APN #343-591-05, -06, -07, -25 (Site S3-207), APN #323-311-03 (Site S4-075), APN #323-231-18, -19 (Site S4- 200), APN #352-115-08 (Site S6-015), APN #352-117-09, -11, -12 (Site S6-020) and WHEREAS, Zone Change 2022-02 would amend the Zoning Map by adding the “Congregational Lands Overlay” zoning designation to the following sites to allow a maximum residential density of thirty (30) dwelling units per acre and a maximum building height of forty (40) feet or three (3) stories, whichever is less: APN #322-173- 04, -07 (Site S2-008), APN # 343-591-01, -02, -03 (Site S2-012), APN #334-292-18 (Site S2-013), APN #343-581-09, 343-582-12 (Site S3-103), APN #323-171-07, -08, -09 (Site S3-210), APN #323-081-34 (Site S4-204A), APN #323-092-13 (Site S3-033), APN #323-171-07, -08, -09 (Site S3-210) ; and
WHEREAS, Zone Change 2022-02 would amend the Zoning Map by adding the “Mixed Use Overlay” zoning designation to the following site to allow a maximum residential density of thirty-five (35) dwelling units per acre and a maximum building height of fifty (50) feet or four (4) stories, whichever is less: APN #322-121-07, -08 (Site S1-021); and
WHEREAS, the City Council has determined that Zoning Code 2022-01 does not constitute a “Major Amendment” as defined in the Yorba Linda Right-to-Vote Amendment (Measure B) and is therefore not subject to the approval of a majority vote of the electorate of the City to become effective; and
WHEREAS, Zoning Code Amendment 2022-02 includes provisions that are part of the implementation programs and implementing actions of the adopted Housing Element, and is necessary to ensure that the City’s Zoning Code is consistent with the City’s General Plan, as required by State law; and
WHEREAS, the Zoning Code and the Zoning Map are “Planning Policy Documents” under the Yorba Linda Right-to-Vote Amendment, Yorba Linda Municipal Code Section 18.01.020 (Measure B), which has additional public notice and public hearing requirements that require the Planning Commission to hold a public hearing pursuant to Section 18.01.040 that otherwise may not be required under state law; and WHEREAS, notices of a public hearing were published, posted, and delivered in accordance with State and City laws for the consideration by the Planning Commission of the proposed amendments to the Zoning Code (referred to herein as Zoning Code Amendment 2022-01) as part of the consideration of the adopted Housing Element and implementation programs included therein; and
WHEREAS, Zoning Code Amendment 2022-02, as identified in Exhibit “A” attached to this Ordinance, includes all of the amendments to the Zoning Code that constitute “Major Amendments” as defined in the Yorba Linda Right-to-Vote Amendment (Measure B) and are therefore individually and/or collectively subject to the approval of a majority vote of the electorate of the City to become effective. Zoning Code Amendment 2022-01 includes all of the amendments to the Zoning Code and Zoning Map that do not constitute a “Major Amendment” as defined in the Yorba Linda Right-to-Vote Amendment (Measure B) and are therefore not subject to the approval of a majority vote of the electorate of the City to become effective; and WHEREAS, in accordance with State and City laws, on June 29, 2022, the Planning Commission conducted a public hearing to receive public testimony with

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respect to Zoning Code Amendment 2022-02 as part of the consideration of the adopted Housing Element implementation programs included therein; and WHEREAS, the Planning Commission considered the information provided by City staff, the public testimony, and the evidence presented at the Planning Commission public hearing on June 29, 2022, which includes, without limitation, the staff reports submitted by the Community Development Department; and
WHEREAS, on June 29, 2022, the Planning Commission, at a regular public meeting, considered and decided to recommend to the City Council the approval of Zoning Code Amendment 2022-02, subject to compliance, as applicable, with the requirements of Yorba Linda Right-to-Vote Amendment (Measure B), in furtherance of the implementation programs included in the Housing Element; and WHEREAS, notices of a public hearing were published, posted, and delivered in accordance with State and City laws for the consideration by the City Council of Zoning Code Amendment 2022-02 as part of the consideration of the adopted Housing Element implementation programs included therein; and
WHEREAS, in accordance with State and City laws, on August 2, 2022, the City Council conducted a public hearing to receive public testimony with respect to Zoning Code Amendment 2022-02 as part of the consideration of the Housing Element and implementation programs included therein; and
WHEREAS, the City Council considered the information provided by City staff, the public testimony, and the evidence presented at the public hearing on August 2, 2022, which includes, without limitation, the staff reports submitted by the Community Development Department; and
WHEREAS, the City Council deferred any Zoning Code Amendments related to the following sites: APN #343-591-05, -06, -07, -25 (Site S3-207), APN 323-081-01 (Site S5-008), and APN 353-091-04, -05, -06, -12 (Site S7-001) until a later date in order to allow staff more time to potentially identify additional housing sites that could be included in order to reduce the total number of housing units assigned to these each of these sites, which is consistent with the timeline established in Program 8 of the City’s adopted and State-certified Housing Element, as well as the time extension approved through Senate Bill 197 and Government Code Section 65583.4.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YORBA LINDA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. The above recitals are true and correct and incorporated herein.

Section 2. The City Council has read and considered the amendments to the Zoning Code (referred to herein as “Zoning Code Amendment 2022-02”) as part of the consideration of the adopted Housing Element implementation programs included therein.

Section 3. The City Council finds that Zoning Code Amendment 2022-02 is necessary to ensure that the Zoning Code is consistent within the City’s General Plan.

Section 4. The City Council finds that Zoning Code Amendment 2022-02 is necessary apply the development standards contained in Zoning Code Amendment 2022-01 and Zoning Code Amendment 2022-02 to specific sites identified in Zoning Code Amendment 2022-02, would permit and encourage the development of affordable housing opportunities pursuant to the Regional Housing Needs Assessment (RHNA) requirements, as set forth in the Housing Element Law and applicable State Guidelines, in locations adjacent to supporting services and public transportation provided they are compatible with, and will not adversely impact, the integrity and continuity of adjacent uses.

Section 5. The City Council hereby accepts the recommendation of the Planning Commission as modified herein to adopt Zoning Code Amendment 2022-02, which includes Zone Change 2022-02, as part of the consideration of the adopted Housing Element implementation programs included therein.

ORDINANCE NO. 2022-1093
PAGE NO. 5
Section 6. The City Council hereby adopts Zoning Code Amendment 2022-02, which includes Zone Change 2022-02, subject to each item identified therein to become effective only upon the approval by a majority vote of the electorate of the City of Yorba Linda voting “YES” on a ballot measure for the adoption of that item of Zoning Code Amendment 2022-02 at a duly noticed and held regular or special election of the electorate of the City of Yorba Linda.

Section 7. Pursuant to Elections Code section 9222, the City Council by subsequent ordinance or resolution shall identify the date of the election during which items identified in Zoning Code Amendment 2022-02, including Zone Change 2022-02, will be submitted for consideration by the electorate of the City of Yorba Linda, which election date shall be held not less than eighty-eight (88) days after the date of the subsequent ordinance or resolution ordering the election. Upon the ordering of the election by the City Council, the City Clerk shall be authorized and directed to take any and all necessary and proper actions to submit any identified items in Zoning Code Amendment 2022-02 to a vote of the electorate of the City of Yorba Linda in accordance with applicable State, County, and City laws, including the Yorba Linda Right-to-Vote Amendment (Measure B). The City Council hereby reserves the authority to submit the items identified in Zoning Code Amendment 2022-02, including Zone Change 2022-02, to a vote of the electorate of the City of Yorba Linda in separate elections. None of the items identified in Zoning Code Amendment 2022-02, including Zone Change 2022-02, shall take effect until approved by a majority vote of the electorate of the City of Yorba Linda.

Section 8. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Yorba Linda hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.

Section 9. This Ordinance is contingent upon a successful approval by the voters of the City of Yorba Linda and shall go into effect ten (10) days after such successful vote is declared by the legislative body.

Section 10. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be published within fifteen (15) days after passage in accordance with law and as designated by resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of publication, to be entered into the Book of Ordinances of the City of Yorba Linda.

PASSED, APPROVED AND ADOPTED at an adjourned regular meeting of the City Council of the City of Yorba Linda on this 9
th day of August, 2022.
___________________________

CARLOS RODRIGUEZ, MAYOR

CITY OF YORBA LINDA
ATTEST:
___________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

ORDINANCE NO. 2022-1093
PAGE NO. 6
(SEAL)

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF YORBA LINDA )
I, MARCIA BROWN, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY that the foregoing Ordinance was adopted at an adjourned regular meeting of the City Council of the City of Yorba Linda held on the 9 th day of August,
2022, and was carried by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

ORDINANCE NO. 2022-1093
PAGE NO. 7
EXHIBIT “A”
Zoning Code Amendment 2022-02
(Comprised of Item #1 – Item #22)

MODIFICATIONS TO THE CITY OF YORBA LINDA ZONING CODE
(TITLE 18 OF THE YORBA LINDA MUNICIPAL CODE) AND ZONING MAP ITEM #1. Table 18.10-2 (Residential Development Standards) of the Yorba Linda Zoning Code is amended as follows:

TABLE 18.10-2
RESIDENTIAL DEVELOPMENT STANDARDS7
Zones
Standard R-A RLD R-E R-S R-U R-M R-M-20 R-M-30
Maximum
density
(units per
acre)

1.0 1.0 1.8 3.0 4.0 10.0 20.0 30.0
Minimum lot
size1 1 acre 39,000sq. ft.
15,000
sq. ft.
10,000
sq. ft.
7,500
sq. ft. 15,000 sq ft 1 acre 1 acre
Minimum lot
width 130 ft. 110 ft. 100 ft. 80 ft. 75 ft.
100
ft.(corner)
125
ft.(interior)
135 ft. (corner)
165 ft. (interior)
135 ft. (corner)
165 ft. (interior)
Minimum lot
depth 150 ft. 170 ft. 150 ft. 100 ft. 100 ft.
100
ft.(corner)
125
ft.(interior)
135 ft. (corner)
165 ft. (interior)
135 ft. (corner)
165 ft. (interior)
Maximum
lot coverage 35% 35% 35% 35% 40% 45% 65% 70%
Maximum
building
height
35 feet, or 2 stories, whichever is less2 40 feet or 3 stories, whichever is less
50 feet or 4 stories,
whichever is less
Minimum
front yard
setback
40 ft. 35 ft. 30 ft. 25 ft. 20 ft. 20 ft. 20 ft. 20 ft.

Minimum
side yard
setback
(interior)
--
3 --
3 --
3 10 ft. --4
--
4 --
4 --
4 Minimum
side yard
setback
(street)
--
3 --
3 --
3 10 ft. 10 ft. 10 ft.5 10 ft.5 10 ft.5
Minimum
rear yard
setback
45 ft. 40 ft. 25 ft. 25 ft. 25 ft. 20 ft. 20 ft. 20 ft.

Minimum
building
separation6
10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 20 ft. 20 ft.

Minimum
dwelling size
1,500
sq. ft.
1,500
sq. ft.
1,500
sq. ft.
1,500
sq. ft.
1,300
sq. ft.

Studio = 750
sq. ft.,
1 BR = 900
sq ft.,
2 BR = 1,000
sq. ft.,
3 BR = 1,200
sq. ft.

Studio = 550 sq. ft.,
1 BR = 675 sq ft.,
2 BR = 700 sq. ft.,
3 BR = 900 sq. ft.

Studio = 550 sq. ft.,
1 BR = 675 sq ft.,
2 BR = 700 sq. ft.,
3 BR = 900 sq. ft.

Minimum
parking per
dwelling unit
2 covered
+ 1
covered or
uncovered
2 covered
+ 1
covered or
uncovered
2 covered
+ 1
covered or
uncovered
2 covered
+ 1
covered or
uncovered
2 covered
+ 1
covered or
uncovered
Studio – 2
bdrm = 2
covered plus
1 covered or
uncovered
3+ bdrm = 2
covered plus

1.5 covered
or uncovered
Studio = 1 covered; 1 bdrm =
1 covered + 0.8 uncovered; 2
bdrm = 1 covered + 1
uncovered; 3+ bdrm = 1
covered + 1 uncovered
Guest: Studio = 0.75 per unit;
1 bdrm = 0.5 per unit; 2
bdrms = 0.5 per unit; 3 or
more bdrms = 1.5 per unit
Studio = 1 covered; 1bd =
1 covered + 0.8 uncovered;
2bd = 1 covered + 1
uncovered,
3+ bdrm = 1 covered + 1
uncovered,
Guest: Studio = 0.75 per
unit; 1 bdrm = 0.5 per unit;
2 bdrms = 0.5 per unit; 3 or
more bdrms = 1.5 per unit

ORDINANCE NO. 2022-1093
PAGE NO. 8
1 Any legally established lot that is at least 4,000 sq. ft. and has a minimum twenty foot (20’) wide vehicular access to a street may be used as a building site. . 2 Steeples, crosses and other religious symbols on churches and religious institutions may exceed the height limit in accordance with Section 18.24.110. See also Section 18.10.110.H and Section

18.26.030 of the Zoning Code for additional design standards related to height determinations for structures.
3 Side yard setbacks in R-A, RLD and R-E zones shall be ten percent (10%) of the lot width, but not less than ten (10) feet, and need be no more than twenty (20) feet. 4 Interior side yard setbacks in R-U and R-M, R-M-20, and R-M-30 zones shall have a cumulative total of both side yards of twenty (20) feet; however, in no case shall a side yard be less than five (5) feet. 5 Front yard setback requirements shall be applied to all property frontages facing public streets for the R-M, R-M-20, and R-M-30 zones.
6 The required 10-foot building separation standard shall not apply to small accessory structures as defined in Section 18.10.120.B. However, if the combined area of multiple small accessory structures located within three (3) feet of each other exceeds a combined one hundred twenty (120) square feet, each structure shall be considered a large accessory structure. 7 Residential properties having a slope gradient of 15 percent (15%) or greater shall comply with the regulations contained in Chapter 18.30 of this title.

ORDINANCE NO. 2022-1093
PAGE NO. 9
ITEM #2. The Yorba Linda Zoning Map is amended as follows:

The zoning for the proposed rezoning site located at the southeast corner of Rose Drive/Blake Rd – APN #322-061-01, -08, -10, -12 -13, -14, -15, -16, -17, -18, -18, -19, - 20, -21 (Site S1-200) will change from “Residential Estate” (RE) to “Residential MultipleFamily 20” (RM-20) to allow a maximum residential density of twenty (20) dwelling units per acre and a maximum building height of forty (40) feet or three (3) stories, whichever is less. The site will also be subject to the “Affordable Housing Overlay” (AFO) which will allow a maximum residential density of thirty-five (35) dwelling units per acre and a maximum building height of fifty (50) feet or four (4) stories, whichever is less.

ITEM #3. The Yorba Linda Zoning Map is amended as follows:

The zoning for the proposed rezoning site located at 18132 Yorba Linda Blvd – APN #334-101-39, -40 (Site S3-074) will change from “Commercial – General” (CG) to “Residential Multiple-Family 20” (RM-20) to allow a maximum residential density of twenty (20) dwelling units per acre and a maximum building height of forty (40) feet or three (3) stories, whichever is less. The site will also be subject to the “Affordable Housing Overlay” (AFO) which will allow a maximum residential density of thirty-five (35) dwelling units per acre and a maximum building height of fifty (50) feet or four (4) stories, whichever is less.

ITEM #4. The Yorba Linda Zoning Map is amended as follows:

The zoning for the proposed rezoning site located at 4791 and 4811 Eureka Ave – APN #343-582-01, -02 (Site S3-082) will change from “Commercial – General” (CG) to “Residential Multiple-Family 20” (RM-20) to allow a maximum residential density of twenty (20) dwelling units per acre and a maximum building height of forty (40) feet or three (3) stories, whichever is less. The site will also be subject to the “Affordable Housing Overlay” (AFO) which will allow a maximum residential density of thirty-five (35) dwelling units per acre and a maximum building height of fifty (50) feet or four (4) stories, whichever is less.

ITEM #5. The Yorba Linda Zoning Map is amended as follows:

The zoning for the proposed rezoning site located at 4742 Plumosa – APN #323-311-03 (Site S4-075) will change from “Commercial – General” (CG) to “Residential MultipleFamily 20” (RM-20) to allow a maximum residential density of twenty (20) dwelling units per acre and a maximum building height of forty (40) feet or three (3) stories, whichever is less. The site will also be subject to the “Affordable Housing Overlay” (AFO) which will allow a maximum residential density of thirty-five (35) dwelling units per acre and a maximum building height of fifty (50) feet or four (4) stories, whichever is less.

ITEM #6. The Yorba Linda Zoning Map is amended as follows:

The zoning for the proposed rezoning site located at 22722 Old Canal Road – APN #352-117-09, -11, -12 (Site S6-015) will remain in the Savi Ranch Planned Development (PD) and will also be subject to the “Affordable Housing Overlay” (AFO) which will allow a maximum residential density of thirty-five (35) dwelling units per acre and a maximum building height of fifty (50) feet or four (4) stories, whichever is less.

ITEM #7. The Yorba Linda Zoning Map is amended as follows:

The zoning for the proposed rezoning site located at 22711 Oak Crest Circle – APN #352-115-08 (Site S6-020) will remain in the Savi Ranch Planned Development (PD) and will also be subject to the “Affordable Housing Overlay” (AFO) which will allow a maximum residential density of thirty-five (35) dwelling units per acre and a maximum building height of fifty (50) feet or four (4) stories, whichever is less.

ORDINANCE NO. 2022-1093
PAGE NO. 10
ITEM #8. The Yorba Linda Zoning Map is amended as follows:

The zoning for the proposed rezoning site located at 17151 Bastanchury Rd – APN #322-173-04, -07 (Site S2-008) will remain as “Residential Estate” (RE) and will also be subject to the “Congregational Lands Overlay” (CLO) which will allow a maximum residential density of thirty (30) dwelling units per acre and a maximum building height of forty (40) feet or three (3) stories, whichever is less.

ITEM #9. The Yorba Linda Zoning Map is amended as follows:

The zoning for the proposed rezoning site located at 5320 Richfield Rd – APN #343- 591-01, -02, -03 (Site S3-012) will remain as “Residential Urban” (RU) and will also be subject to the “Congregational Lands Overlay” (CLO) which will allow a maximum residential density of thirty (30) dwelling units per acre and a maximum building height of forty (40) feet or three (3) stories, whichever is less.

ITEM #10. The Yorba Linda Zoning Map is amended as follows:

The zoning for the proposed rezoning site located at 4861 Liverpool St – APN #334- 292-18 (Site S3-013) will remain as “Residential Urban” (RU) and will also be subject to the “Congregational Lands Overlay” (CLO) which will allow a maximum residential density of thirty (30) dwelling units per acre and a maximum building height of forty (40) feet or three (3) stories, whichever is less.

ITEM #11. The Yorba Linda Zoning Map is amended as follows:

The zoning for the proposed rezoning site located at 5082 Highland – APN #343-581- 09, 343-582-12 (Site S3-013) will remain as “Residential Estate” (RE) and will also be subject to the “Congregational Lands Overlay” (CLO) which will allow a maximum residential density of thirty (30) dwelling units per acre and a maximum building height of forty (40) feet or three (3) stories, whichever is less.

ITEM #12. The Yorba Linda Zoning Map is amended as follows:

The zoning for the proposed rezoning site located at 19045 Yorba Linda Blvd – APN #323-081-34 (Site S4-204A) will remain as “Residential Estate” (RE) and will also be subject to the “Congregational Lands Overlay” (CLO) which will allow a maximum residential density of thirty (30) dwelling units per acre and a maximum building height of forty (40) feet or three (3) stories, whichever is less.

ITEM #13. The Yorba Linda Zoning Map is amended as follows:

The zoning for the proposed rezoning site located at 4382 Eureka Ave – APN #323- 092-13 (Site S3-033) will remain as “Residential Suburban” (RS) and will also be subject to the “Congregational Lands Overlay” (CLO) which will allow a maximum residential density of thirty (30) dwelling units per acre and a maximum building height of forty (40) feet or three (3) stories, whichever is less.

ITEM #14. The Yorba Linda Zoning Map is amended as follows:

The zoning for the proposed rezoning site located at 18021-18111 Bastanchury Rd – APN #323-171-07, -08, -09 (Site S3-210) will remain as “West Bastanchury Planned Development” (PD) and will also be subject to the “Congregational Lands Overlay” (CLO) which will allow a maximum residential density of thirty (30) dwelling units per acre and a maximum building height of forty (40) feet or three (3) stories, whichever is less.

ORDINANCE NO. 2022-1093
PAGE NO. 11
ITEM #15. The Yorba Linda Zoning Map is amended as follows:

The zoning for the proposed rezoning site located at 16951 Imperial Highway – APN #322-121-07, -08 (Site S1-021) will remain as “Commercial General” (CG) in the “Imperial Highway Combining Zone” (I) and will also be subject to the “Mixed-Use Overlay” (MUO) which will allow a maximum residential density of thirty-five (35) dwelling units per acre and a maximum building height of fifty (50) feet or four (4) stories, whichever is less.

ITEM #16. The Yorba Linda Zoning Map is amended as follows:

The zoning for the proposed rezoning site located at 18597-18602 Altrudy Ln – APN #323-231-18, -19 (Site S4-200) will change from “Residential Suburban” (RS) to “Residential Multi-family 20” (RM-20) to allow a maximum residential density of thirty (20) dwelling units per acre and a maximum building height of forty (40) feet or three (3) stories, whichever is less.

ITEM #17. The Yorba Linda Zoning Map is amended as follows:

The zoning for the proposed rezoning site located at 19081-19111 Yorba Linda Blvd – APN #323-081-35, -36 (Site S4-204B) will change from “Residential Estate” (RE) to “Residential Multi-family 20” (RM-20) to allow a maximum residential density of thirty (20) dwelling units per acre and a maximum building height of forty (40) feet or three (3) stories, whichever is less.

ITEM #18. The Yorba Linda Zoning Map is amended as follows:

The zoning for the proposed rezoning site located at 4341 Eureka Ave – APN #323- 071-03 (Site S3-034) will change from “Residential Suburban” (RS) to “Residential Multi-family” (RM) to allow a maximum residential density of ten (10) dwelling units per acre and a maximum building height of thirty-five (35) feet or two (2) stories, whichever is less.

ITEM #19. The Yorba Linda Zoning Map is amended as follows:

The zoning for the proposed rezoning site located at 5225-5227 Highland Ave – APN #343-561-08, -09 (Site S3-205A) will change from “Residential Estate” (RE) to “Residential Multi-family” (RM) to allow a maximum residential density of ten (10) dwelling units per acre and a maximum building height of thirty-five (35) feet or two (2) stories, whichever is less.

ITEM #20. The Yorba Linda Zoning Map is amended as follows:

The zoning for the proposed rezoning site located at 17651 Imperial Highway – APN #323-051-26, -027 (Site S3-211) will change from “Residential Suburban” (RS) to “Residential Multi-family” (RM) to allow a maximum residential density of ten (10) dwelling units per acre and a maximum building height of thirty-five (35) feet or two (2) stories, whichever is less.