Agenda packet — Yorba Linda City Council, August 9, 2022 (part 1 of 2)

CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY,

YORBA LINDA HOUSING AUTHORITY AND YORBA LINDA MUNICIPAL FINANCING AUTHORITY

JOINT ADJOURNED REGULAR MEETING AGENDA

Tuesday, August 9, 2022, 6:30 p.m.

Council Chambers
4845 Casa Loma Avenue
This meeting is being broadcast live for airing on cable channel 3, channel 99 AT&T U-Verse and the city's website. By remaining in the room, you are giving your permission to be televised.

Pages

CALL TO ORDER
The City Council/Successor Agency to the Yorba Linda Redevelopment Agency will convene at 5:30 p.m. in the Council Chambers at 4845 Casa Loma Avenue.

ROLL CALL

ANNOUNCEMENT OF CLOSED SESSION ITEMS

CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA

REDEVELOPMENT AGENCY
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION,

SIGNIFICANT EXPOSURE TO LITIGATION
Government Code Section 54956.9(d)(2) (1 Case)

PUBLIC COMMENT ON CLOSED SESSION ITEMS

CONVENE INTO CLOSED SESSION
RECESS

CALL TO ORDER
The City Council/Successor Agency to the Yorba Linda Redevelopment Agency, Yorba Linda Housing Authority and Yorba Linda Municipal Financing Authority will reconvene at 6:30 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda.

ROLL CALL

PLEDGE OF ALLEGIANCE

INVOCATION

CLOSED SESSION REPORT
PUBLIC COMMENTS – ITEMS ON THE CONSENT CALENDAR OR ITEMS NOT

ON THE REMAINDER OF THE AGENDA
There is a five (5) minute maximum time limit for each individual addressing the legislative body during Public Comments and on all other items listed on the Agenda.

Whenever a group of persons wishes to address the City Council on the same subject matter, it shall be proper for the presiding officer to request that a spokesman be chosen by the group so as to avoid unnecessary repetitions before the City Council.

CONSENT CALENDAR
All matters listed under "CONSENT CALENDAR" are considered by the City Council/ Successor Agency to the Yorba Linda Redevelopment Agency, Yorba Linda Housing Authority and Yorba Linda Municipal Financing Authority to be routine and will be enacted by one motion approving the recommendation listed on the Agenda. There will be no separate discussion unless Members of the Council/Successor Agency, Yorba Linda Housing Authority and Yorba Linda Municipal Financing Authority or Staff request specific items to be removed from the Consent Calendar.

Recommendation:

It is recommended that the City Council approve the Consent Calendar.

1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON

THE AGENDA
Recommendation:

It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.

2. SECOND READING OF ORDINANCES PERTAINING TO GENERAL PLAN

AMENDMENTS AND ZONING CODE AMENDMENTS ASSOCIATED WITH THE 2021-2029 HOUSING ELEMENT IMPLEMENTATION
5 Recommendation:

It is recommended that the City Council adopt for second reading the following

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Ordinances related to the Housing Element Implementation Programs: 1.) Ordinance No. 2022-1090 amending the text of the Land Use Element of the General Plan (GPA 2022-01) and finding that GPA 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; 2.) Ordinance No. 2022-1091 amending the text of the Land Use Element and amending the Land Use Diagram of the General Plan (GPA 2022-02) and finding that GPA 2022-02 is subject to a vote of the electorate of the City of Yorba Linda under the Yorba Linda Right-to-Vote Amendment; 3.) Ordinance No. 2022-1092 amending the Zoning Code (ZCA 2022-01) and finding that 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; and 4.) Ordinance No. 2022-1093 amending the Zoning Code (ZCA 2022-02) and finding that ZCA 2022-02 is subject to a vote of the electorate of the City of Yorba Linda under the Yorba Linda Right-to-Vote Amendment.

CITY MANAGER’S REPORT/MAYOR’S REPORT/MATTERS PRESENTED BY

COUNCILMEMBERS/ OTHER AGENCY REPORTS

ADMINISTRATIVE REPORT

3. RESOLUTIONS PERTAINING TO CITYWIDE MEASURE B ELECTION AND

BALLOT MEASURE ON AMENDMENTS TO GENERAL PLAN AND ZONING REQUIREMENTS FOR CERTAIN SITES IDENTIFIED IN 2021-2029 HOUSING

ELEMENT
77 Recommendation:

It is recommended that the City Council discuss and consider the following actions relative to a citywide measure relating to amendments to the City’s General Plan and Zoning requirements for nineteen separate sites within the City: 1.) Adopt Resolution No. 2022-5819, ordering the submission to the qualified electors of the City of Yorba Linda one ballot measure relating to amendments to the City’s General Plan and Zoning requirements for nineteen separate sites for the General Municipal Election to be held on Tuesday, November 8, 2022; 2.) Adopt Resolution No. 2022-5820, setting priorities for filing written arguments regarding one City measure and directing the City Attorney to prepare an impartial analysis; and 3.) Adopt Resolution No. 2022-5821, providing for the filing of rebuttal arguments for one City measure to be placed on the November 8, 2022 General Municipal Election Ballot.

CLOSED SESSION IF REQUIRED

ADJOURNMENT
The next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting is August 16, 2022.

NOTE: ALL STAFF REPORTS AND RELATED ATTACHMENTS FOR ITEMS ON THIS AGENDA ARE ON FILE IN THE CITY CLERK’S OFFICE. AS AN ADDITIONAL SERVICE, THE CITY NOW PROVIDES THE STAFF REPORTS AND RELATED ATTACHMENTS ON THE CITY’S WEBSITE. PLEASE NOTE THAT IT IS NOT ALWAYS

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POSSIBLE TO EMBED ALL ATTACHMENTS AND MAPS. THUS, IF YOU REQUIRE A FULL AND COMPLETE COPY OF THE AGENDA PACKET, YOU SHOULD NOT RELY UPON THE WEBSITE MATERIALS ALONE.

IN COMPLIANCE WITH THE AMERICAN DISABILITIES ACT (ADA), THE CITY WILL MAKE EVERY REASONABLE ATTEMPT TO ACCOMMODATE ANY ATTENDEE OR PARTICIPANT AT THIS MEETING NEEDING SPECIAL ASSISTANCE BEYOND WHAT IS NORMALLY PROVIDED. PLEASE CONTACT THE CITY CLERK’S OFFICE AT (714) 961-7150 AT LEAST 48 HOURS PRIOR TO THIS MEETING TO INFORM US OF YOUR PARTICULAR NEEDS AND TO DETERMINE IF ACCOMMODATION IS FEASIBLE. PLEASE ADVISE US AT THE TIME YOU CALL IF SPECIAL ASSISTANCE IS REQUIRED TO ATTEND OR PARTICIPATE IN MEETINGS ON A REGULAR BASIS.

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COMMUNITY DEVELOPMENT DEPARTMENT
DATE: AUGUST 9, 2022
TO: HONORABLE MAYOR AND MEMBERS FO THE CITY COUNCIL
FROM: DAVID BRANTLEY, COMMUNITY DEVELOPMENT DIRECTOR
PREPARED BY: NATE FARNSWORTH, PLANNING MANAGER
SUBJECT: SECOND READING OF ORDINANCES PERTAINING TO GENERAL PLAN

AMENDMENTS AND ZONING CODE AMENDMENTS ASSOCIATED WITH
THE 2021-2029 HOUSING ELEMENT IMPLEMENTATION

RECOMMENDATION
It is recommended that the City Council adopt for second reading the following Ordinances related to the Housing Element Implementation Programs:
1) Ordinance No. 2022-1090 amending the text of the Land Use Element of the General Plan (GPA 2022-01) and finding that GPA 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 2) Ordinance No. 2022-1091 amending the text of the Land Use Element and amending the Land Use Diagram of the General Plan (GPA 2022-02) and finding that GPA 2022-02 is subject to a vote of the electorate of the City of Yorba Linda under the Yorba Linda Right-to-Vote Amendment
3) Ordinance No. 2022-1092 amending the Zoning Code (ZCA 2022-01) and finding that 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
4) Ordinance No. 2022-1093 amending the Zoning Code (ZCA 2022-02) and finding that ZCA 2022-02 is subject to a vote of the electorate of the City of Yorba Linda under the Yorba Linda Right-to-Vote Amendment

BACKGROUND / DISCUSSION
On August 2, 2022, the City Council adopted for first reading ordinances relating to implementation of the Adopted 2021-2029 Housing Element. The Council’s approval action was taken in two steps due to need to segment participation/action on the item by Councilwoman Campbell, who as a result of her private residence being located within 500 feet of one of the 27 housing sites under consideration for rezoning (specifically, Site No.

S3-082 at 4791 and 4811 Eureka Avenue), was disqualified from participating in discussion of or voting on said site as required by Fair Political Practices Commission (FPPC) requirements. Councilwoman Huang also recused herself from participating in the item altogether due to her pending candidacy for Superior Court Judge (Office #30). After staff provided a detailed overview of the overall project and public testimony was taken solely on

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SECOND READING OF ORDINANCES PERTAINING TO GENERAL PLAN AMENDMENTS AND ZONING CODE AMENDMENTS ASSOCIATED WITH THE 2021- 2029 HOUSING ELEMENT IMPLEMENTATION
P a g e | 2
Site S3-034, the Council voted 2 to 1 (Mayor Rodriguez dissenting) to approve the rezoning of this site for placement on the November 8, 2022, ballot as a measure for consideration by the Yorba Linda electorate pursuant to the requirements of Measure B (the Yorba Linda Right-to-Vote Amendment). Since approval of ordinances require an affirmative vote by a majority of the City Council, this motion failed.

Councilwoman Campbell rejoined the room and additional public testimony was taken on the overall remaining twenty-six rezone sites within the Adopted Housing Element.

Following extensive public comment, the public hearing was closed. After deliberation by the City Council, the Council voted 3 to 1 (with Mayor Rodriguez dissenting) to certify the Program Environmental Impact Report (PEIR) prepared for the project and approve staff recommended Option 3, which eliminated the four sites previously recommended for removal from the Housing Element rezone sites inventory by the Planning Commission (i.e., Sites S4-060 and S4-201 at South Ohio Street, Site S4-053 at Grandview Avenue/Kellogg Drive and Site S7-005 at NWC Camino de Bryant/Meadowland), deferred action on Sites S7- 001 (Bryant Ranch Shopping Center), S3-207 (Richfield Christmas Tree Farm) and S5-008 (Vacant 23-acre Fairmont Blvd parcel), and approved the rezoning of the remaining nineteen sites within the sites inventory (excluding Site S3-082, which had earlier failed to pass). As a part of the Council’s approval action, they incorporated amended language within the Mitigation Measures for the PEIR requiring a hydrology analysis as a part of the required technical studies that shall be prepared at the time any future development project application is submitted to the City for entitlement of the Fairmont Blvd housing opportunity site (i.e., Site S5-008).

In compliance with state law, the proposed ordinances require two readings by the City Council. The proposed second reading would complete the City Council’s action on the rezoning and General Plan amendments necessary to effectuate the land use regulatory changes related to implementation of a portion of the Housing Element sites inventory (i.e., 19 of 27 total sites), and would allow the City Council to move forward with calling for the election in relation to these sites for inclusion on the upcoming November 8, 2022, General Election, as required by Measure B.

Staff has incorporated the above actions by the City Council within the attached ordinances for the City Council’s consideration and action. The above-described amendment to the PEIR mitigation measures also have been incorporated into the Final PEIR Mitigation Monitoring Program, accordingly.

One additional note. In review of the documents, a few typographical/clerical errors were located in Exhibit A of Ordinance No. 2022-1093. On page 9, Item #9, the site reference has been corrected from Site S3-013 to S2-013. Also on page 9, Item #10, the site reference has been corrected from Site S3 -013 to Site S3-103 and the address corrected from an older address of 5082 Highland to 5091 and 5005 Mountain View Avenue. The APNs for the property were correct and the notices and maps reflected the correct address and location.

Furthermore, the correct site references were reflected elsewhere in the Ordinance. State

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SECOND READING OF ORDINANCES PERTAINING TO GENERAL PLAN AMENDMENTS AND ZONING CODE AMENDMENTS ASSOCIATED WITH THE 2021- 2029 HOUSING ELEMENT IMPLEMENTATION
P a g e | 3
law allows for the correction of such typographical/clerical errors at the second reading of the ordinance.

FISCAL IMPACT
The adoption of the subject ordinances would not incur any City cost.

ALTERNATIVES
Failure to approve the second reading of the attached Ordinances would result in disapproval of the associated General Plan and zoning amendments.

ATTACHMENTS
1) Ordinance No. 2022-1090 amending the text of the Land Use Element of the General Plan (GPA 2022-01) and finding that GPA 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 2) Ordinance No. 2022-1091 amending the text of the Land Use Element and amending the Land Use Diagram of the General Plan (GPA 2022-02) and finding that GPA 2022-02 is subject to a vote of the electorate of the City of Yorba Linda under the Yorba Linda Right-to-Vote Amendment
3) Ordinance No. 2022-1092 amending the Zoning Code (ZCA 2022-01) and finding that 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
4) Ordinance No. 2022-1093 amending the Zoning Code (ZCA 2022-02) and finding that ZCA 2022-02 is subject to a vote of the electorate of the City of Yorba Linda under the Yorba Linda Right-to-Vote Amendment

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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

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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

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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;

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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

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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

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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.

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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-TO-VOTE

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ORDINANCE NO. 2022-1091
PAGE NO. 2
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 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

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ORDINANCE NO. 2022-1091
PAGE NO. 3
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 120 dwelling units to account for Sites S3-024, S3-074, 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
WHEREAS, the Planning Commission considered the information provided by City staff, the public testimony, and the evidence presented at the Planning Commission public

Page 16 of 141 ends

ORDINANCE NO. 2022-1091
PAGE NO. 4
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 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 Page 17 of 141 ORDINANCE NO. 2022-1091
PAGE NO. 5
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 be entered into the Book of Ordinances of the City of Yorba Linda.

Page 18 of 141 ends

ORDINANCE NO. 2022-1091
PAGE NO. 6
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

Page 19 of 141 ends

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 120 dwelling units to account for Sites S3-024, S3-074, 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”

Page 20 of 141 ends

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”

Page 21 of 141 ends

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

Page 22 of 141 ends

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

Page 23 of 141 ends

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.

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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.

Page 25 of 141 ends

ORDINANCE NO. 2022-1092
PAGE NO. 5
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 )

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

Page 26 of 141 ends

ORDINANCE NO. 2022-1092
PAGE NO. 6
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

Page 27 of 141 ends

ORDINANCE NO. 2022-1092
PAGE NO. 7
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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ORDINANCE NO. 2022-1092
PAGE NO. 8

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

Page 29 of 141 ends

ORDINANCE NO. 2022-1092
PAGE NO. 9

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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ORDINANCE NO. 2022-1092
PAGE NO. 10

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.

Page 31 of 141 ends

ORDINANCE NO. 2022-1092
PAGE NO. 11
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

Page 32 of 141 ends

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-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 Page 33 of 141 ORDINANCE NO. 2022-1093
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 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” (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 stories, whichever is less: APN #322-061-01, -

Page 34 of 141 ends

ORDINANCE NO. 2022-1093
PAGE NO. 3
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 #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 #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 respect to Zoning Code Amendment 2022-02 as part of the consideration of the adopted Housing Element implementation programs included therein; and

Page 35 of 141 ends

ORDINANCE NO. 2022-1093
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 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.

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

Page 36 of 141 ends

ORDINANCE NO. 2022-1093
PAGE NO. 5
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.

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

CARLOS RODRIGUEZ, MAYOR

CITY OF YORBA LINDA
ATTEST:
___________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

Page 37 of 141 ends

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 9th 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

Page 38 of 141 ends

ORDINANCE NO. 2022-1093
PAGE NO. 7
EXHIBIT “A”
Zoning Code Amendment 2022-02
(Comprised of Item #1 – Item #19)

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.

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

Page 39 of 141 ends

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.

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 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 #5. 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 #6. 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

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ORDINANCE NO. 2022-1093
PAGE NO. 9
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 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 #8. 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 #9. 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 S2-013) 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 #10. The Yorba Linda Zoning Map is amended as follows:

The zoning for the proposed rezoning site located at 5091 and 5005 Mountain View Avenue – APN #343-581-09, 343-582-12 (Site S3-103) 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 #11. 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 #12. The Yorba Linda Zoning Map is amended as follows:

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ORDINANCE NO. 2022-1093
PAGE NO. 10
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 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.

ITEM #14. 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 #15. 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 #16. 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 #17. 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 Multifamily” (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 #18. 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 #19. 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

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ORDINANCE NO. 2022-1093
PAGE NO. 11
units per acre and a maximum building height of thirty-five (35) feet or two (2) stories, whichever is less.

Page 43 of 141 ends

AUGUST 9, 2022 CITY COUNCIL ADJOURNED REGULAR MEETING
CONSENT CALENDAR ITEM NO. 2 - SECOND READING OF ORDINANCES

PERTAINING TO GENERAL PLAN AMENDMENTS AND ZONING CODE
AMENDMENTS ASSOCIATED WITH THE 2021-2029 HOUSING ELEMENT

IMPLEMENTATION

SUPPLEMENTAL STAFF REPORT AND TYPOGRAPHICAL CORRECTIONS TO

ORDINANCES RECEIVED AFTER POSTING OF AGENDA

Page 44 of 141 ends

COMMUNITY DEVELOPMENT DEPARTMENT
DATE: AUGUST 9, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DAVID BRANTLEY, COMMUNITY DEVELOPMENT DIRECTOR
PREPARED BY: NATE FARNSWORTH, PLANNING MANAGER
SUBJECT: SUPPLEMENTAL INFORMATION RELATED TO SECOND READING OF

ORDINANCES PERTAINING TO GENERAL PLAN AMENDMENTS AND
ZONING CODE AMENDMENTS ASSOCIATED WITH THE 2021-2029

HOUSING ELEMENT IMPLEMENTATION

DISCUSSION
In the review of the second reading of the ordinances, in addition to the corrections noted in the previously posted staff report, staff found some typographical/clerical errors to be corrected in the second reading of the ordinance. The corrections are consistent with the notices and information provided to the Council and the public on the items, and are consistent with language within the same ordinance and/or one of the other ordinances. In short, they were typos or clerical mistakes. The corrections are as follows:

Ordinance No. 2022-1091
• The site reference for the Friends Church site was changed from S3-024 to S3- 103 throughout the document. The site reference had changed during the Housing Element process.
• In Exhibit A, Item #5, the Land Use Diagram for the Altrudy site (site S4-200) was changed from “Community Core/Downtown Historical District Area Plan” to “Residential-High”. This is consistent with the notices on the matter and reflected in the text of the ordinance, however was inadvertently not changed on the chart.

Ordinance No. 2022-1092
• In the whereas recital for the West Bastanchury PD, the language “Zoning Code Amendment 2022-02” was changed to the correct language of “Zoning Code Amendment 2022-01”.
• In Exhibit A, the list of items was changed from Item #1 – Item #4 (instead of 5) because there are only 4 items.

Ordinance No. 2022-1093
• As above in Ordinance No. 2022-1092, in the whereas recital for the West Bastanchury PD, the language “Zoning Code Amendment 2022-02” was changed to the correct language of “Zoning Code Amendment 2022-01”.

Page 45 of 141 ends

SUPPLEMENTAL INFORMATION RELATED TO SECOND READING OF ORDINANCES

PERTAINING TO GENERAL PLAN AMENDMENTS AND ZONING CODE
AMENDMENTS ASSOCIATED WITH THE 2021-2029 HOUSING ELEMENT

IMPLEMENTATION
P a g e | 2
• Similarly, a clerical mistake resulted in a whereas recital for a zone change for the West Bastanchury PD (Site S3-203) being in the ordinance and it has been removed. This correction is consistent with the notices on the matter and the approval of Ordinance No. 2022-1092.
• The two Savi Ranch sites (S6-015 and S6-020) were incorrectly included in the discussion of the RM-20 standards in a whereas of the ordinance and were removed from that paragraph.
• Two sites, S3-207 (Richfield Christmas Tree Farm) and S4-200 (Altrudy), were incorrectly included in the discussion of the Affordable Housing Overlay standards in a whereas of the ordinance and were removed from that paragraph. Also, the maximum building height for the Affordable Housing Overlay was incorrectly stated to be 4 stories/50 feet where the actual height as approved in Ordinance No. 2022-1092 is 3 stories/40 feet. This change has been made throughout the ordinance as applicable.
• One site, S3-210 (Shinnyo-En), was incorrectly included twice in the discussion of the Congregational Lands Overlay standards in a whereas of the ordinance and one reference was removed. Furthermore, the site reference for the Richfield Church site was corrected to S3-012. Also, the density for the Congregational Lands Overlay was incorrectly stated to be thirty (30) dwelling units per acre where the actual density approved in Ordinance No. 2022-1092 is thirty-five (35) units per acre. A density of 35 units per acre is consistent with the notices and information provided as to these sites. This change has been made throughout the ordinance as applicable.
• The density for two sites, S4-200 (Altrudy) and S4-204B (19081-19111 Yorba Linda Blvd), was incorrectly stated to be “thirty (20) dwelling units per acre” where the actual density is “twenty (20) dwelling units per acre”. This change has been made to the ordinance for the two sites.

State law allows for the correction of such typographical/clerical errors at the second reading of the ordinance. Staff recommends approval of the corrected copies of Ordinance Nos. 2022-1091, 2022-1092, and 2022-1093.

ATTACHMENTS
1) Corrected Copy of Ordinance No. 2022-1091
2) Corrected Copy of Ordinance No. 2022-1092
3) Corrected Copy of Ordinance No. 2022-1093

Page 46 of 141 ends

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-TO-VOTE

Page 47 of 141 ends

ORDINANCE NO. 2022-1091
PAGE NO. 2
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 in the

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ORDINANCE NO. 2022-1091
PAGE NO. 3
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 120 dwelling units to account for Sites S3-103, S3-074, 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

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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 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 50 of 141 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.

Page 51 of 141 ends

ORDINANCE NO. 2022-1091
PAGE NO. 6
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 9th 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 9th 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

Page 52 of 141 ends

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 120 dwelling units to account for Sites S3-103, S3-074, 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
“Residential - High”
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”

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

Page/
Location
Site
No.

Page 54 of 141 ends

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

Page 55 of 141 ends

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 2022-01 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 Amendment 2022-01) as part of the consideration of the adopted Housing Element and

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ORDINANCE NO. 2022-1092
PAGE NO. 3
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 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.

Section 4. The City Council finds that Zoning Code Amendment 2022-01 is

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ORDINANCE NO. 2022-1092
PAGE NO. 4
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 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.

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ORDINANCE NO. 2022-1092
PAGE NO. 5
PASSED, APPROVED AND ADOPTED at an adjourned regular meeting of the City Council of the City of Yorba Linda on this 9th 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 9th 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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ORDINANCE NO. 2022-1092
PAGE NO. 6
EXHIBIT “A”
ZONING CODE AMENDMENT 2022-01
(Comprised of Item #1 - Item #4)

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

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

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.

18.17.030 Applicability.

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ORDINANCE NO. 2022-1092
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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.

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:

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.

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

18.17.110 Permitted Uses.

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

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ORDINANCE NO. 2022-1092
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18.17.120 Density.

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

18.17.210 Permitted Uses.

18.17.220 Site Area Definition and Density.

18.17.230 Exemption from Amendments to Existing Conditional Use Permit.

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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ORDINANCE NO. 2022-1092
PAGE NO. 9

18.26.030.

18.17.250 Off-Street Parking.

18.17.260 Adaptive Reuse.

Article III: Mixed-Use Overlay (MUO) Zone

18.17.310 Permitted Uses and Configuration.

18.17.320 Site Area Definition and Density.

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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ORDINANCE NO. 2022-1092
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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.

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.

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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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-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 Page 66 of 141 ORDINANCE NO. 2022-1093
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 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 2022-01 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 designations for the following sites 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 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 #323-311-03 (Site S4-075), APN #323-231-18, -19 (Site S4- 200), APN #323-081-35, -36 (Site S4-204B); and
WHEREAS, Zone Change 2022-02 would amend the Zoning Map by adding the

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ORDINANCE NO. 2022-1093
PAGE NO. 3
“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 forty (40) feet or three (3) 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 #323-311-03 (Site S4-075), 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-five (35) 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 S3-012), 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); 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 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, 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 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

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ORDINANCE NO. 2022-1093
PAGE NO. 4
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 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 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

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ORDINANCE NO. 2022-1093
PAGE NO. 5
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.

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

CARLOS RODRIGUEZ, MAYOR

CITY OF YORBA LINDA
ATTEST:
___________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

Page 70 of 141 ends

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 9th 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

Page 71 of 141 ends

ORDINANCE NO. 2022-1093
PAGE NO. 7
EXHIBIT “A”
Zoning Code Amendment 2022-02
(Comprised of Item #1 – Item #19)

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)

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.

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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 forty (40) feet or three (3) 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 forty (40) feet or three (3) stories, whichever is less.

ITEM #4. 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 forty (40) feet or three (3) stories, whichever is less.

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

ITEM #6. 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.

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

Page 74 of 141 ends

ORDINANCE NO. 2022-1093
PAGE NO. 10
density of thirty-five (35) dwelling units per acre and a maximum building height of forty (40) feet or three (3) stories, whichever is less.

ITEM #8. 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-five (35) 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 4861 Liverpool St – APN #334-292- 18 (Site S2-013) 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-five (35) 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 5091 and 5005 Mountain View – APN #343-581-09, 343-582-12 (Site S3-103) 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-five (35) 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 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-five (35) 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 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-five (35) 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 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-five (35) 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:

Page 75 of 141 ends

ORDINANCE NO. 2022-1093
PAGE NO. 11
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 #15. 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 twenty (20) dwelling units per acre and a maximum building height of forty (40) feet or three (3) stories, whichever is less.

ITEM #16. 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 twenty (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:

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

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

Page 76 of 141 ends

ADMINISTRATION DEPARTMENT
DATE: AUGUST 9, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: TODD LITFIN, CITY ATTORNEY
SUBJECT: RESOLUTIONS PERTAINING TO CITYWIDE MEASURE B ELECTION AND

BALLOT MEASURE ON AMENDMENTS TO GENERAL PLAN AND
ZONING REQUIREMENTS FOR CERTAIN SITES IDENTIFIED IN 2021-2029

HOUSING ELEMENT

RECOMMENDATION
It is recommended that the City Council discuss and consider the following actions relative to a citywide measure relating to amendments to the City’s General Plan and Zoning requirements for nineteen separate sites within the City:

1. Adopt Resolution No. 2022-5819, ordering the submission to the qualified electors of the City of Yorba Linda one ballot measure relating to amendments to the City’s General Plan and Zoning requirements for nineteen separate sites for the General Municipal Election to be held on Tuesday, November 8, 2022.

2. Adopt Resolution No. 2022-5820, setting priorities for filing written arguments regarding one City measure and directing the City Attorney to prepare an impartial analysis.

3. Adopt Resolution No. 2022-5821, providing for the filing of rebuttal arguments for one City measure to be placed on the November 8, 2022 General Municipal Election Ballot.

BACKGROUND
The resolutions contained herein pertain to the General Municipal Election called for November 8, 2022, regarding voter approval of various actions submitted by the City Council to the voters relating to the City’s 2021-2029 Housing Element. Certain amendments to the City’s General Plan and Zoning laws require approval by a majority vote of the electorate in compliance with the Yorba Linda Right-to-Vote amendment (“Measure B”, Yorba Linda Municipal Code chapter 18.01.)
Approvals of land use regulations pertaining to sites identified in the City’s 2021-29 Housing Element as potential locations for State-mandated housing took place on August 2 and August 9, 2022. These approvals included:

Page 77 of 141 ends

MEASURE B RESOLUTIONS
P a g e | 2
 Resolution No. 2022-5817 Certifying the Final Program Environmental Impact Report for the City of Yorba Linda 2021-2029 Housing Element Implementation Programs (Including General Plan Amendment 2022-01, General Plan Amendment 2022-02, Zoning Code Amendment 2022-01, and Zoning Code Amendment 2022-02 To Implement Programs 8-11 from the Housing Element) as Adequate and Complete, Approving Certain Findings and Facts in Support of Findings and Statement of Overriding Considerations, and Adopting a Mitigation Monitoring and Reporting Program
 Ordinance No. 2022-1090 amending the text of the Land Use Element of the General Plan (GPA 2022-01) and finding that GPA 2022-01 is not subject to a vote of the electorate of the City of Yorba Linda under the Yorba Linda Right-to-Vote Initiative  Ordinance No. 2022-1091 amending the text of the Land Use Element and amending the Land Use Diagram of the General Plan (GPA 2022-02) and finding that GPA 2022-02 is subject to a vote of the electorate of the City of Yorba Linda under the Yorba Linda Right-to-Vote Initiative
 Ordinance No. 2022-1092 amending the Zoning Code (ZCA 2022-01) and finding that 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 Initiative
 Ordinance No. 2022-1093 amending the Zoning Code (ZCA 2022-02) and finding that ZCA 2022-02 is subject to a vote of the electorate of the City of Yorba Linda under the Yorba Linda Right-to-Vote Initiative
The second reading of the above ordinances are on the agenda for approval at the City Council meeting of August 9, 2022.

Ordinance Nos. 2022-1091 and 2022-1093 amended the General Plan and approved Zone changes contingent upon approval by a majority vote of the electorate in compliance with Measure B. The sites tentatively approved for higher residential densities in Ordinances Nos. 2022-1091 and 2022-1093 included sites commonly known as southeast Rose/Blake, southwest Yorba Linda/Mountain View, southeast Lemon/Plumosa, northeast Old Canal/East Park, mideast Oakcrest, northwest Imperial/Bastanchury, Richfield (south of Calgary), northwest Yorba Linda/Liverpool, southeast Highland/Mountain View, northeast Yorba Linda/Ohio (2 sites), northeast Eureka/Oak Leaf, northeast Eureka/Bastanchury, northwest Prospect/Imperial, northeast Altrudy, west of Eureka/Mark, southeast Eureka/Buena Vida, Imperial (west of Casa Loma), and northwest Bastanchury/Plumosa.

The site numbers as indicated in the Housing Element, maps, and additional information on the sites are included as Attachment 1 to this staff report.

On July 5, 2022, the City Council adopted Resolution No. 2022-5812, calling a General Municipal Election and Resolution No. 2022-5813, requesting consolidation of the election with the Statewide General Election.

As provided by Measure B, the proposed General Plan Amendments and Zone Changes would not become effective unless and until they are approved by the City Council in accordance with the procedures established by Measure B and a majority vote of the electorate of the City of Yorba Linda.

Page 78 of 141 ends

MEASURE B RESOLUTIONS
P a g e | 3

DISCUSSION
The Election Code requires the adoption of the attached resolutions in order to place a measure related to whether the voters desire to make amendments to the City’s General Plan and Zoning requirements for nineteen separate sites within the City on the November 8, 2022 ballot. (If the City Council approves the second readings of the ordinances subject to a Measure B vote, the signed copies of those ordinances will be attached to the resolution.) The County Registrar of Voters requires that these resolutions be submitted to the County by August 12, 2022. The attached resolutions would cause one ballot measure with the following question to be submitted to the voters:
“Shall ordinances be adopted amending General Plan/Zoning requirements allowing housing units, some with increased heights, to meet state-mandated laws at:

Rose/Blake, Yorba Linda/Mountain View, Lemon/Plumosa, Old Canal/Eastpark, mideast Oakcrest, Imperial/Bastanchury, Richfield (south of Calgary), Yorba Linda/Liverpool, Highland/Mountain View, Yorba Linda/Ohio (2 sites), Eureka/Oak Leaf, Eureka/Bastanchury, Prospect/Imperial, northeast Altrudy, Eureka/Mark, Eureka/Buena Vida, Imperial (west of Casa Loma), and Bastanchury/Plumosa?” The attached resolutions also permit the filing of written arguments in favor of or against such measure by members of the City Council, any individual voter eligible to vote on the measure, a bona fide association of such citizens or any combination thereof, and establishes deadlines for submission of such arguments to the City Clerk. The deadline to submit arguments for or against the measure is August 11, 2022, 5:00 p.m. Furthermore, the City Attorney is ordered to prepare an impartial analysis within 2 days of the adoption of the attached resolutions. The last resolution orders that the last date for any rebuttal arguments be 10 days after the final date for filing direct arguments. The deadline to submit rebuttal arguments (because 10 days falls on a Sunday) is August 22, 2022, 5:00 p.m.

FISCAL IMPACT
The estimated cost for the ballot measure, as estimated by the Registrar of Voters, is $102,137-$145,468 and funds are included in the FY 2022/23 adopted budget.

ALTERNATIVES
The City Council may receive and file this report. If so, no Measure B election pertaining to the Housing Element Implementation Plans would be conducted at the November 8, 2022, general election.

ATTACHMENTS

1. List of Sites and Maps

2. Resolution No. 2022-5819

3. Resolution No. 2022-5820

4. Resolution No. 2022-5821

Page 79 of 141 ends

Site
ID
Site Description
and Address
APNs Acres Current
Zoning
Proposed Zoning
Action
Total Net
Unit
Potential
Current
General
Plan
Proposed
General
Plan
Affordable Housing Overlay (AHO) Sites – up to 35 units/acre S1-
200
SEC Rose
Dr/Blake Rd
322-061-01, -08, -10, -12
-13, -14, -15, -16, -17, -
18, -18, -19, -20, -21

5.94 RE (1.8 du/ac) RM-20 with AHO 208 RML RH
S3-
074
18132 Yorba Linda
Blvd
334-101-39, -40 0.42 CG RM-20 with AHO 15 AP AP
S4-
075
4742 Plumosa
Drive
323-311-03 1.62 CG RM-20 with AHO 57 AP AP
S6-
015
Prior John Force
Racing
352-115-08 2.56 PD/Industrial
R & D
89 IM IM
22722 Old Canal
Road
Add AHO
S6-
020
Extended Stay
America
352-117-09, -11, -12 10.35 PD/OfficeCommercial143 IM IM 22711 Oak Crest
Circle
Add AHO
Congregational Land Overlay (CLO) Sites – up to 35 units/acre S2-
008
Friendship Baptist
Church
17151
Bastanchury Rd
322-173-04, -07 4.92 RE (1.8 du/ac) RE with CLO 60 RML RML S3-
012
Richfield
Community Church
5320 Richfield Rd
343-591-01, -02, -03 9.48 RU (4.0 du/ac) RU with CLO 55 RM RM S2-
013
Messiah Lutheran
Church 4861
Liverpool St
334-292-18 6.2 RU (4.0 du/ac) RU with CLO 40 RMH RMH

Page 80 of 141 ends

Site
ID
Site Description
and Address
APNs Acres Current
Zoning
Proposed Zoning
Action
Total Net
Unit
Potential
Current
General
Plan
Proposed
General
Plan
S3-
103
Friends Church
5091 and 5005
Mountain View
Avenue
343-581-09, 343-582-12 17.45
RE (1.8 du/ac)
RE with CLO 48 AP/RM AP/RM
S4-
204A
Chabad Center 323-081-34 1.85 RE (1.8 du/ac) RE with CLO 17 RML RML 19045 Yorba Linda
Blvd
S3-
033
Islamic Center of
Yorba Linda
323-092-13 3.88 RS (3.0 du/ac) RS with CLO 30 RM RM
4382 Eureka Ave
S3-
210
Shinnyo-En USA 323-171-07, -08, -09 9.23 PD/RA
Standards
Add CLO 105 AP AP
18021-18111
Bastanchury Rd
Mixed Use Overlay (MUO) Sites – up to 35 units/acre
S1-
021
Vacant Parcel (W
of 16951 Imperial
Hwy)
322-121-07 1.76 CG-(I) CG-(I) with MUO 62 C C
RM-20 – up to 20 units/acre
S4-
200
18597-18602
Altrudy Lane
323-231-18, -19 2 RS (3.0 du/ac RM-20 40 RM RH
S4-
204B
19081-19111
Yorba Linda Blvd
323-081-35, -36 3.9 RE (1.8 du/ac) RM-20 78 RML RH
RM – up to 10 units/acre
S3-
034
4341 Eureka
Avenue
323-071-03 2.19 RS (3.0 du/ac) RM 22 RM RH
S3-
205A
5225-5227
Highland Ave
343-561-08, -09 7.08 RE (1.8 du/ac) RM 71 RML RH
S3-
211
17651 Imperial
Highway
323-051-26, -27 2.32 RS (3.0 du/ac) RM 23 RM RH

Page 81 of 141 ends

Site
ID
Site Description
and Address
APNs Acres Current
Zoning
Proposed Zoning
Action
Total Net
Unit
Potential
Current
General
Plan
Proposed
General
Plan
PD (Planned Development)
S3-
203
18101-19251
Bastanchury
323-181-04, -05, -06, -07
323-191-06, -07, -39, -46

22.83 PD/RA
Standards
Amend West
Bastanchury PD to
PD with RM
standards
228 AP AP

Page 82 of 141 ends

LAKEVIEW

LAKEVIEW
PIPER
PUTT I
NG

GR E E N
DIEMER
BRIDE

YORBA LINDA

VALLEY VIEW
ADAMS
C
E
D
A
R

MCKINLEY

L INDEN
VALLEY
VI
EW
CADDY
PO
N
D
E
ROSA

CANTERBURY
FRONT
NINE
BLAC
K
GOLD

SANTA FE

MONTEREY
HOGAN

SEABISCUIT
RUN
IRIS
LA
C
U
E
S
TA
CAMINO
GALVEZ

CANYON CORAL

BLAZING
STAR

MEADOWVIEW

IMPERIAL

EISENHOWER

WINTERHAVEN
WIL
D
GIN
G
ER
KAYE
CASA
LOMA
WE
S
T
HILL

IRONBARK

VIA ROMA

HOOSIER LAWN

OAKLAWN
TYTRIS

JOEL BRATTAIN

JAMESTOWN
VISTA
HENRY
HEIDE
RIC
H
FIE
L
D
POPPY
S
O
M
E
RSET
HIL

OYSTER BAY
L

VALENCIA

BASTANCHURY
QUIET
MEADOW
MISTY
WATSON
B
O
E
NI G

NICKLAUS
CAMINO
AYALA
WEST

TERRACE

CHURCHILL
DOWN

EDGEWOOD
BRUIN

ARBOR GATE
ORANGE
PRENT
SI
S

SANDOLO

CLOVERDALE

VISTA MENDOZA
SO
U
T
H
E
R
N
P
O
NI T
E

C OUPLES

CASA HER M O
S
A

ROSEBUD

PRO S P
E
C
T

AVOLINDA

PLUMOSA

SNAPDRAGON SPYGLASS HILL

REDCASTLE

ROOSEVELT
ALICIA

SANTA CLARA

OAK HILL

SARAZEN
JOSHUA
RANCHO
T
PI P
E
RA
RY
TRUMAN

CAMILLE
L
O
G
A
N
LIN
D
A
MAIN

COPPERLEAF

VALLEY VIEW

CLUBHOUSE

ZAHARIAS RIDGE

LAKE RIDGE

LA ENTRADA
HALEY
CAMINO

CERMENON

LAKE TERRACE

BRAMBLE

LAKE WOOD

CARAWAY
CAMINO

CABRILLO

GOLDBARK
VIS
TA
VIZ
CAINO

CORIANDER

SANTA CRUZ
VIS
TA
R
A
N
C
H
GARNER

STABLES
D
AI M
O
ND
H
LI L

CHAMPIONSHIP

JEANEAN

HEADSTALL

DELANCY

WOODHAVE
N
J
EAN
WOODEN
G
A
LWAY
B
AY

MAIDENHAIR

WORKING
SAGA

CASA ORO
PAR
PIAZZA
SAN
CARLO

LAKE GROVE

LAKE TREE
LADERA

SOUTHERN HILLS
L
A
K
E
C
R
E
S
T
SUNNY

VICTORY

VALENCIA

C O BBLESTONE
PIAZZA

CASTELLO
SH
E
E
H
A
N
LA
K
E
SID
E
LA
K
E
G
L
E
N

OAK LEAF

HUMBOLDT

TEMHUST

CO MPASS
LAPAZ
VA
N
B
U
R
E
N
ELSIE
ROSE
P

RIMA BUCA
PIAZZA
BELLA

EL CAJON

BIG OAK

ASPENGLOW

LAKE PARK
KIN
D
R
U

LA CASITA
STIC

PROSPECT
VILLA
G
RA
N
D
E

LANDMARK
D
E
N
V
E
R
DRAKE

VINWOOD
GARDEN
DUNM
U
R
RY
HARLAN
GOL
D
E
N
POP
PY

SWEET BAY
RA
NI B
OW

WISTERIA
ODESSA

HERITAGE

CRE S TA
BELLA
LIV
E
R
P
O
O
L
BEN
LOMOND

VISTA MORAGA

BASTANCHURY
MARIAH

FREMONT
LA

MACINDA

LOSANGELES
EUREKA

HOMESTEAD

LA SERENA
PIAZZA
NAVONA

WEATHERLY
WABASH

LA CONCETTA

HONEYSUCKLE
TUCANA

MORNING
GLORY
ZELLA
GLORY

MALCOLM

AVOLINDA
KILLYM
O
O
N

ANDERSON GROVE

HUGGINS

EL CAJON
MIMOSA

LONCREST

BRIARHILL

CORALWOOD SAN RAFAEL

ELMHURST
LOIE
ALFORD
CARSON

BIDWELL
GEM
ACORN

KENNEDY
CASA
GRANDE
LIBRA
PIN
HIGH
MOLLIE

RIO DE PLATAAVOCADO GROVE
PIPER

CONGRESSIONAL
TRIX

COLONIAL

PAISLEY

LINCOLN

ORIENTE

ASHBURY

PACIFIC
MIANI
VIA

KRUEGER

SEQUOIA
SHARON

APPLE ORCHARD

GREY STONE

BYCROFT

ROXDALE

NIANTIC

JEFFREY
ABBEY
LEMON
TOWN
CENTER

RICARDO
CARI
SUMMER
HOLLY

INDEPENDENCE

LIBERTY

TRADITIONS
CIL
A
N
T
RO
SANLO

SIRODAY

CARLTON
FOLEY
ARROYO

SAFFRON
LARO

EVERGREEN

OAK BURL

JENNIFER
VIS
TA
D

ELVERDE

VERNASAND ROCK
BATES

SYCAMORE

BROOKLYN

KONA KOVE

LORAINE
LAKE
FOREST

LAKE KNOLL

PEACHTREE

LA CADENA

SAN PABLO

SAN RUFINO
3RD
4TH
2ND

RIO DE ORO
ARIES
EUREKA

SAN SIMEON

WEYBURN
LORI
LAKE

PLEASANT

LOGAN VIEW
MINDEN
CLOVE
SCHOOL
LESA
LAVELL

CASA ORO

MEADOWVIEW

AVOLINDA
ORANGE
SHAW

HILLCREST

CASA LOMA
BRYAN

AVOCADO

CITRUS GROVE

MEADOWVIEW

PACIFIC
MARK

REGULUS
OLINDA
DEBI
TORIDA

CHRISTIE

SUNWEST
CITRUS
NOGAL

MANDARIN

ROCKY POINT
PARK

RIDGEDALE

BRIARDALE

LATHROP

MEADOWVIEW
WALNUT

CHESTNUT

CHICAGO

CATALINA
ARIES

BROOKWAY
ORANGE

ALTRUDY
LERENE

OAKHURST
MARDA

BROOKLYN
M
E
RIE
N
DA

LOS ANGELES

NIGHTINGALE

MERIENDA

COLLINS
OSMOND

LEMONGRASS

PALOMINO
S2-008
S2-013
S3-033
S3-034
S1-021
S1-200
S3-210
S4-075
S3-211
S4-200
S3-203

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Page 84 of 141 ends

Page 85 of 141 ends

Page 86 of 141 ends

RESOLUTION NO. 2022-5819

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

YORBA LINDA, CALIFORNIA, ORDERING THE

SUBMISSION TO THE QUALIFIED ELECTORS OF THE

CITY OF YORBA LINDA ONE BALLOT MEASURE
RELATING TO AMENDMENTS TO THE CITY’S GENERAL

PLAN AND ZONING REQUIREMENTS FOR NINETEEN

SEPARATE SITES WITHIN THE CITY FOR THE GENERAL

MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 8, 2022
WHEREAS, a Municipal Election has previously been called by the City Council of the City of Yorba Linda and consolidated with the Statewide General Election to be held on November 8, 2022; and
WHEREAS, the City also desires to submit to the voters at the November 8, 2022, General Election a ballot measure; and
WHEREAS, in connection with the City of Yorba Linda’s 2021-2028 Housing Element and in accordance with the Regional Housing Needs Assessment (RHNA) requirement (as set forth in Government Code section 65580 et seq. [“Housing Element Law”] and applicable State Guidelines), the City Council for the City of Yorba Linda (“City Council”) adopted two ordinances that further the development of affordable housing opportunities: (1) Ordinance No. 2022-1091 which would amend specified provisions of the Land Use Element and Land Use diagram of the City’s General Plan (“General Plan Amendment 2022-021”), and (2) Ordinance No. 2022-1093 which would amend specified provisions of the City’s Zoning Code and Zoning Map (“Zone Change 2022-02”) (collectively the “Proposed Amendments”); and
WHEREAS, the Proposed Amendments would allow the development of additional housing units at nineteen locations within the City; and WHEREAS, the City Council determined that the Proposed Amendments each constitute a “Major Amendment” as defined in the Yorba Linda Right-to-Vote Amendment, Yorba Linda Municipal Code Section 18.01.010 et seq. (commonly known as “Measure B”) and are therefore subject to the approval of a majority vote of the electorate of the City to become effective; and
WHEREAS, the City will present the Proposed Amendments to the voters in a ballot measure in the Municipal Election to be held on November 8, 2022.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yorba Linda as follows:

SECTION 1. The City Council, pursuant to its right and authority as contained in California Elections Code, Section 9222, does order the following question be submitted to the qualified electors of the City of Yorba Linda at the general municipal election to be held on November 8, 2022:

Shall ordinances be adopted amending General Plan/Zoning requirements allowing housing units, some with increased heights, to meet state-mandated laws at: Rose/Blake, Yorba Linda/Mountain View, Lemon/Plumosa, Old Canal/Eastpark, mideast Oakcrest, Imperial/Bastanchury, Richfield (south of Calgary), Yorba Linda/Liverpool, Highland/Mountain View, Yorba Linda/Ohio (2 sites), Eureka/Oak Leaf,
Eureka/Bastanchury, Prospect/Imperial, northeast Altrudy, Eureka/Mark, Eureka/Buena Vida, Imperial (west of Casa
Loma), and Bastanchury/Plumosa?
Yes
No
SECTION 2. The proposed ordinances shall be in the form attached hereto as Exhibits “A” and “B” to this Resolution and are incorporated by this reference as if fully

Page 87 of 141 ends

RESOLUTION NO. 2022-5819
PAGE NO. 2
set forth herein. The City Council directs that the entirety of Ordinance Nos. 2022-1091 and 2022-1093 be printed in the sample ballot and/or voter guide materials. The nineteen 2021-2029 Housing Element Sites are depicted on the map attached hereto as Exhibit “C” to this Resolution. The City Council directs that the entirety of the map at Exhibit “C”, or a substantially similar version thereof, be printed in the sample ballot and/or voter guide materials.

SECTION 3. The ballot title shall be “Yorba Linda Housing Element Implementation General Plan Amendments and Rezonings” or a title in substantially the similar form.

SECTION 4. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding consolidated municipal elections.

SECTION 5. The City Council has independently reviewed and considered all of the information and environmental documentation comprising the 2021-2029 Housing Element Implementation Programs Final Program EIR and has found that the Final PEIR adequately considers all of the environmental impacts of the Proposed Amendments.

SECTION 6. Notice of the time and place for holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

SECTION 7. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

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

CARLOS RODRIGUEZ, MAYOR

CITY OF YORBA LINDA
ATTEST:
______________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA
APPROVED AS TO FORM:

RUTAN & TUCKER LLP

CITY ATTORNEY
STATE OF CALIFORNIA ) ss.

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

Page 88 of 141 ends

RESOLUTION NO. 2022-5819
PAGE NO. 3

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

Page 89 of 141 ends

Exhibit “A”
[Ordinance No. 2022-1091]

Page 90 of 141 ends

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-TO-VOTE

Page 91 of 141 ends

Page 92 of 141 ends

Page 93 of 141 ends

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 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 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 Page 94 of 141 ORDINANCE NO. 2022-1091
PAGE NO. 5
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.

Page 95 of 141 ends

ORDINANCE NO. 2022-1091
PAGE NO. 6
PASSED, APPROVED AND ADOPTED at an adjourned regular meeting of the City Council of the City of Yorba Linda on this 9th 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 9th 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

Page 96 of 141 ends

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.

MODIFICATIONS TO THE LAND USE DIAGRAM

OF THE CITY OF YORBA LINDA GENERAL PLAN
Item
No.

Page/
Location
Site
No.

Page 97 of 141 ends

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

Page/
Location
Site
No.

Page 98 of 141 ends

Exhibit “B”
[Ordinance No. 2022-1093]

Page 99 of 141 ends

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-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 Page 100 of 141 ORDINANCE NO. 2022-1093
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 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” (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 stories, whichever is less: APN #322-061-01, -

Page 101 of 141 ends

Page 102 of 141 ends

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 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 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

Page 103 of 141 ends

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.

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

CARLOS RODRIGUEZ, MAYOR

CITY OF YORBA LINDA
ATTEST:
___________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

Page 104 of 141 ends

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 9th 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

Page 105 of 141 ends

ORDINANCE NO. 2022-1093
PAGE NO. 7
EXHIBIT “A”
Zoning Code Amendment 2022-02
(Comprised of Item #1 – Item #19)

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)

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.

Page 106 of 141 ends

ITEM #2. The Yorba Linda Zoning Map is amended as follows:

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

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

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

ITEM #6. 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

Page 107 of 141 ends

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

ITEM #8. The Yorba Linda Zoning Map is amended as follows:

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

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

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

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

Page 108 of 141 ends

ORDINANCE NO. 2022-1093
PAGE NO. 10
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:

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

ITEM #15. The Yorba Linda Zoning Map is amended as follows:

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

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

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

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

Page 109 of 141 ends

ORDINANCE NO. 2022-1093
PAGE NO. 11
units per acre and a maximum building height of thirty-five (35) feet or two (2) stories, whichever is less.

Page 110 of 141 ends

Exhibit “C”
[Map of Nineteen Sites With General Plan Amendment Or Rezoning]

Page 111 of 141 ends

LAKEVIEW

LAKEVIEW
PIPER
PUTT I
NG

GR E E N
DIEMER
BRIDE

YORBA LINDA

VALLEY VIEW
ADAMS
C
E
D
A
R

MCKINLEY

L INDEN
VALLEY
VI
EW
CADDY
PO
N
D
E
ROSA

CANTERBURY
FRONT
NINE
BLAC
K
GOLD

SANTA FE

MONTEREY
HOGAN

SEABISCUIT
RUN
IRIS
LA
C
U
E
S
TA
CAMINO
GALVEZ

CANYON CORAL

BLAZING
STAR

MEADOWVIEW

IMPERIAL

EISENHOWER

WINTERHAVEN
WIL
D
GIN
G
ER
KAYE
CASA
LOMA
WE
S
T
HILL

IRONBARK

VIA ROMA

HOOSIER LAWN

OAKLAWN
TYTRIS

JOEL BRATTAIN

JAMESTOWN
VISTA
HENRY
HEIDE
RIC
H
FIE
L
D
POPPY
S
O
M
E
RSET
HIL

OYSTER BAY
L

VALENCIA

BASTANCHURY
QUIET
MEADOW
MISTY
WATSON
B
O
E
NI G

NICKLAUS
CAMINO
AYALA
WEST

TERRACE

CHURCHILL
DOWN

EDGEWOOD
BRUIN

ARBOR GATE
ORANGE
PRENT
SI
S

SANDOLO

CLOVERDALE

VISTA MENDOZA
SO
U
T
H
E
R
N
P
O
NI T
E

C OUPLES

CASA HER M O
S
A

ROSEBUD

PRO S P
E
C
T

AVOLINDA

PLUMOSA

SNAPDRAGON SPYGLASS HILL

REDCASTLE

ROOSEVELT
ALICIA

SANTA CLARA

OAK HILL

SARAZEN
JOSHUA
RANCHO
T
PI P
E
RA
RY
TRUMAN

CAMILLE
L
O
G
A
N
LIN
D
A
MAIN

COPPERLEAF

VALLEY VIEW

CLUBHOUSE

ZAHARIAS RIDGE

LAKE RIDGE

LA ENTRADA
HALEY
CAMINO

CERMENON

LAKE TERRACE

BRAMBLE

LAKE WOOD

CARAWAY
CAMINO

CABRILLO

GOLDBARK
VIS
TA
VIZ
CAINO

CORIANDER

SANTA CRUZ
VIS
TA
R
A
N
C
H
GARNER

STABLES
D
AI M
O
ND
H
LI L

CHAMPIONSHIP

JEANEAN

HEADSTALL

DELANCY

WOODHAVE
N
J
EAN
WOODEN
G
A
LWAY
B
AY

MAIDENHAIR

WORKING
SAGA

CASA ORO
PAR
PIAZZA
SAN
CARLO

LAKE GROVE

LAKE TREE
LADERA

SOUTHERN HILLS
L
A
K
E
C
R
E
S
T
SUNNY

VICTORY

VALENCIA

C O BBLESTONE
PIAZZA

CASTELLO
SH
E
E
H
A
N
LA
K
E
SID
E
LA
K
E
G
L
E
N

OAK LEAF

HUMBOLDT

TEMHUST

CO MPASS
LAPAZ
VA
N
B
U
R
E
N
ELSIE
ROSE
P

RIMA BUCA
PIAZZA
BELLA

EL CAJON

BIG OAK

ASPENGLOW

LAKE PARK
KIN
D
R
U

LA CASITA
STIC

PROSPECT
VILLA
G
RA
N
D
E

LANDMARK
D
E
N
V
E
R
DRAKE

VINWOOD
GARDEN
DUNM
U
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RY
HARLAN
GOL
D
E
N
POP
PY

SWEET BAY
RA
NI B
OW

WISTERIA
ODESSA

HERITAGE

CRE S TA
BELLA
LIV
E
R
P
O
O
L
BEN
LOMOND

VISTA MORAGA

BASTANCHURY
MARIAH

FREMONT
LA

MACINDA

LOSANGELES
EUREKA

HOMESTEAD

LA SERENA
PIAZZA
NAVONA

WEATHERLY
WABASH

LA CONCETTA

HONEYSUCKLE
TUCANA

MORNING
GLORY
ZELLA
GLORY

MALCOLM

AVOLINDA
KILLYM
O
O
N

ANDERSON GROVE

HUGGINS

EL CAJON
MIMOSA

LONCREST

BRIARHILL

CORALWOOD SAN RAFAEL

ELMHURST
LOIE
ALFORD
CARSON

BIDWELL
GEM
ACORN

KENNEDY
CASA
GRANDE
LIBRA
PIN
HIGH
MOLLIE

RIO DE PLATAAVOCADO GROVE
PIPER

CONGRESSIONAL
TRIX

COLONIAL

PAISLEY

LINCOLN

ORIENTE

ASHBURY

PACIFIC
MIANI
VIA

KRUEGER

SEQUOIA
SHARON

APPLE ORCHARD

GREY STONE

BYCROFT

ROXDALE

NIANTIC

JEFFREY
ABBEY
LEMON
TOWN
CENTER

RICARDO
CARI
SUMMER
HOLLY

INDEPENDENCE

LIBERTY

TRADITIONS
CIL
A
N
T
RO
SANLO

SIRODAY

CARLTON
FOLEY
ARROYO

SAFFRON
LARO

EVERGREEN

OAK BURL

JENNIFER
VIS
TA
D

ELVERDE

VERNASAND ROCK
BATES

SYCAMORE

BROOKLYN

KONA KOVE

LORAINE
LAKE
FOREST

LAKE KNOLL

PEACHTREE

LA CADENA

SAN PABLO

SAN RUFINO
3RD
4TH
2ND

RIO DE ORO
ARIES
EUREKA

SAN SIMEON

WEYBURN
LORI
LAKE

PLEASANT

LOGAN VIEW
MINDEN
CLOVE
SCHOOL
LESA
LAVELL

CASA ORO

MEADOWVIEW

AVOLINDA
ORANGE
SHAW

HILLCREST

CASA LOMA
BRYAN

AVOCADO

CITRUS GROVE

MEADOWVIEW

PACIFIC
MARK

REGULUS
OLINDA
DEBI
TORIDA

CHRISTIE

SUNWEST
CITRUS
NOGAL

MANDARIN

ROCKY POINT
PARK

RIDGEDALE

BRIARDALE

LATHROP

MEADOWVIEW
WALNUT

CHESTNUT

CHICAGO

CATALINA
ARIES

BROOKWAY
ORANGE

ALTRUDY
LERENE

OAKHURST
MARDA

BROOKLYN
M
E
RIE
N
DA

LOS ANGELES

NIGHTINGALE

MERIENDA

COLLINS
OSMOND

LEMONGRASS

PALOMINO
S2-008
S2-013
S3-033
S3-034
S1-021
S1-200
S3-210
S4-075
S3-211
S4-200
S3-203

Page 112 of 141 ends

Page 113 of 141 ends

Page 114 of 141 ends

Page 115 of 141 ends

RESOLUTION NO. 2022-5820

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

YORBA LINDA, CALIFORNIA, SETTING PRIORITIES FOR

FILING WRITTEN ARGUMENTS REGARDING ONE CITY
MEASURE TO BE PLACED ON THE NOVEMBER 8, 2022,

GENERAL MUNICIPAL ELECTION BALLOT AND

DIRECTING THE CITY ATTORNEY TO PREPARE AN

IMPARTIAL ANALYSIS
WHEREAS, a General Municipal Election consolidated with the Statewide General Election will be held in the City of Yorba Linda, California on November 8, 2022, at which time there will be submitted to the voters the following measure (“City Measure”):

Shall ordinances be adopted amending General Plan/Zoning requirements allowing housing units, some with increased heights, to meet state-mandated laws at: Rose/Blake, Yorba Linda/Mountain View, Lemon/Plumosa, Old Canal/Eastpark, mideast Oakcrest, Imperial/Bastanchury, Richfield (south of Calgary), Yorba Linda/Liverpool, Highland/Mountain View, Yorba Linda/Ohio (2 sites), Eureka/Oak Leaf,
Eureka/Bastanchury, Prospect/Imperial, northeast Altrudy, Eureka/Mark, Eureka/Buena Vida, Imperial (west of Casa
Loma), and Bastanchury/Plumosa?
Yes
No
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yorba Linda as follows:

SECTION 1. The City Council authorizes: (i) all members of the City Council, (ii) any individual voter eligible to vote on the above Measure, (iii) a bona fide association of such citizens or (iv) any combination thereof, to file a written arguments in favor of or against the City Measure, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the argument until and including the date fixed below by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. No argument shall exceed 300 words in length.

The deadline to submit arguments in favor of the City Measure pursuant to this Resolution is declared by the City Clerk to be August 11, 2022, 5:00 p.m. The deadline to submit arguments against the City Measure pursuant to this Resolution is declared by the City Clerk to be August 11, 2022, 5:00 p.m.

The arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument.

SECTION 2. The City Council directs the City Clerk to transmit a copy of the City Measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the City Measure showing the effect of the City Measure on the existing law and the operation of the City Measure. The impartial analysis shall be filed with the City Clerk within two (2) days following adoption of the resolution calling the election.

SECTION 3. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

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

Page 116 of 141 ends

RESOLUTION NO. 2022-5820
PAGE NO. 2
________________________________

CARLOS RODRIGUEZ, MAYOR

CITY OF YORBA LINDA
ATTEST:

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA
APPROVED AS TO FORM:

RUTAN & TUCKER, LLP

CITY ATTORNEY

STATE OF CALIFORNIA )
ss.

COUNTY OF ORANGE )
I, MARCIA BROWN, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY that the foregoing Resolution was adopted at an adjourned regular meeting of the City Council of the City of Yorba Linda held on the 9th 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

Page 117 of 141 ends

RESOLUTION NO. 2022-5821

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

YORBA LINDA, CALIFORNIA, PROVIDING FOR THE

FILING OF REBUTTAL ARGUMENTS FOR ONE CITY
MEASURE TO BE PLACED ON THE NOVEMBER 8, 2022

GENERAL MUNICIPAL ELECTION BALLOT
WHEREAS, a General Municipal Election consolidated with the Statewide General Election will be held in the City of Yorba Linda, California on November 8, 2022, at which time there will be submitted to the voters the following measure (“City Measure”):

Shall ordinances be adopted amending General Plan/Zoning requirements allowing housing units, some with increased heights, to meet state-mandated laws at: Rose/Blake, Yorba Linda/Mountain View, Lemon/Plumosa, Old Canal/Eastpark, mideast Oakcrest, Imperial/Bastanchury, Richfield (south of Calgary), Yorba Linda/Liverpool, Highland/Mountain View, Yorba Linda/Ohio (2 sites), Eureka/Oak Leaf,
Eureka/Bastanchury, Prospect/Imperial, northeast Altrudy, Eureka/Mark, Eureka/Buena Vida, Imperial (west of Casa
Loma), and Bastanchury/Plumosa?
Yes
No
WHEREAS, California Elections Code sections 9285 authorizes the City Council by majority vote to adopt provisions to provide for the filing of rebuttal arguments for city measures submitted at municipal elections.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yorba Linda as follows:

SECTION 1. Pursuant to California Elections Code section 9285, when the elections official has selected the arguments for and against the City Measure which will be printed and distributed to the voters, the elections official shall send a copy of an argument in favor of the City Measure to the authors of any argument against the City Measure and a copy of an argument against the City Measure to the authors of any argument in favor of the City Measure immediately upon receiving the arguments. If more than one argument for or more than one argument against the City Measure is submitted to the city elections official within the time prescribed, he or she shall select one of the arguments in favor and one of the arguments against the measure for printing and distribution to the voters in accordance with the procedure set forth in California Elections Code section 9287.

The author or a majority of the authors of an argument relating to the City Measure may prepare and submit a rebuttal argument or may authorize in writing any other person or persons to prepare, submit or sign the rebuttal argument. However, a rebuttal argument may be signed by no more than five (5) persons. No rebuttal argument may exceed 250 words.

The rebuttal arguments shall be filed with the City Clerk, signed with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one principal officer, not more than 10 days after the final date for filing direct arguments.

The deadline to submit rebuttal arguments is declared by the City Clerk to be August 22, 2022, 5:00 p.m.

Rebuttal arguments shall be printed in the same manner as the direct arguments.

Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.

SECTION 2. The provisions of this Resolution shall apply only to the election to be held on November 8, 2022.

Page 118 of 141 ends

Yorba Linda City CouncilAugust 9, 2022

Yorba Linda City Council
August 9, 2022