Yorba Linda City Council
July 16, 2024

ORDINANCE NO. 2024-1110
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(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.

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

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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. To operate in conjunction with a church/temple/religious institution includes, but is not limited to, ground leases to housing development either for rental or ownership, reciprocal parking, access, or use agreements, or other situations, which clearly demonstrate an integral connection or relationship between the two uses. 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

18.26.030.

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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 for all qualifying affordable housing units, except for senior housing developments which shall provide a minimum of one-half uncovered or covered parking space per dwelling unit. Any market rate housing units shall provide parking in conformance with the RM-20 standards outlined in Chapter 18.22 of the Zoning Code.

These spaces may be shared with the church/temple/religious institution or any previously permitted use on-site.

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 contained within the Housing Element’s housing sites inventory 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 10 percent greater than the maximum density permitted on the abutting property. The property owner transferring its development rights may not transfer more than 10 percent of the total number of units described in the Housing Element’s housing site’s inventory. All units transferred must be transferred in compliance with the affordability requirements contained in Section 18.17.050. 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. This transfer of development rights is only permitted during the 6th housing cycle and will expire after June 30, 2029.

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

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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.

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.

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

ITEM #4. 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 #5. Article II of Chapter 18.36 of the Yorba Linda Municipal Code is amended to add the following:

18.36.140 Courtesy Noticing
A. For any property located within the Housing Element’s housing sites inventory, a courtesy notice shall be mailed or delivered to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the design review.

B. The project applicant shall provide all information and documentation necessary to satisfy the notice requirements of this section. The project applicant shall pay all costs associated with the notice requirements of this section.

ITEM #6. Section 18.14.050.B of Chapter 18.14 of the Yorba Linda Municipal Code is revised as follows:

18.14.050 Special requirements.

A. When any M zone abuts or is situated across a street from a property in any residential zone, a minimum building setback of one hundred (100) feet shall be required from such residential zone. The twenty-five (25) feet of said setback nearest the street or zone boundary line shall be landscaped and the remainder may be used for off-street parking purposes as provided in Chapter 18.22. A three-foot tall wall or berm shall be constructed in back of the landscaped area along street setbacks. Along all other lot lines adjacent to residential zones, a six-foot tall wall shall be constructed.

B. Emergency Shelters. When establishing an emergency shelter, the following standards shall apply:

1. The maximum number of beds/persons permitted to be served nightly shall be based on the individual capacity of the building and overall facility and shall not be

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less than fifty (50) square feet per person served;

2. On-site client waiting and intake areas shall be located internally to the building where feasible. If not feasible, an exterior waiting area shall be provided which contains a minimum of 10 square feet per bed provided at the facility. Said waiting area shall be in a location not adjacent to the public right-of-way and shall be visibly separated from public view by a minimum 6-foot tall visual screening mature landscaping or a minimum 6-foot tall decorative masonry wall;

3. Stays at the facility shall be on a first-come, first-served basis and facility clients must vacate the facility each morning and have no guaranteed bed for the next night;

4. Maximum stay at the facility shall not exceed 180 days in a 365-day period for clients with Yorba Linda residency and shall not exceed 90 days in a 365-day period for all others;

5. A minimum of one employee per 15 beds shall be on duty when the facility is open and shall be maintained during operational hours;

6. Clients shall only be on-site and admitted to the facility between 6:00 p.m. and 8:00 a.m. during Pacific Daylight Time and 5:00 p.m. and 8:00 a.m. during Pacific Standard Time;

7. A minimum of 1 parking stall for each employee, staff, or volunteer shall be maintained. The number of parking spaces may be reduced by 25% if the shelter is located within 1,000 feet of a public transit stop. Bicycle rack parking shall also be provided at the facility;

8. Facility improvements shall provide:
i) A minimum of 1 toilet for every 10 beds per gender.
ii) A minimum of 1 shower for every 8 beds per gender.
iii) Private shower and toilet facility for each area designated for use by individual families.

9. Adequate exterior lighting shall be provided for safety and security purposes;

10. Client possession and/or use of the following are prohibited anywhere on the premises of an emergency shelter: alcohol, tobacco and illegal narcotics.

11. An Operations Plan shall be provided for the review and approval of the Community Development Director, and shall remain active throughout the life of the facility. At a minimum, the Operations Plan shall address the following:
i) Security and safety – addressing both on and off-site needs. ii) Loitering control – including specific measures regarding off-site controls to minimize congregation of clients in the vicinity of the facility during hours that clients are not allowed on-site.
iii) Management of outdoor areas – including a system for daily admittance and discharge procedures and monitoring of waiting areas. iv) Staff training – including knowledge and skills to assist clients in obtaining permanent shelter and income.
v) Communications and outreach – with objectives to maintain good communication and response to operational issues which may arise from the public or City staff.
vi) Counseling programs -- to be provided with referrals to outside assistance agencies.
vii) Litter control – to provide for the timely removal of litter attributable to clients within the vicinity of the facility.

12. The facility may provide the following services and facilities in a designated

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area separate from the sleeping areas:
i) A recreation area either inside or outside the shelter. ii) A counseling center for job placement, educational, health care, legal, or mental health services.
iii) Laundry facilities to serve the number of clients at the shelter. iv) Kitchen for the preparation of meals.
v) Dining hall.
vi) Client storage areas (i.e., for the overnight storage of bicycles and personal items).
vii) Or similar services supporting the needs of homeless clients.

ITEM #7. Table 18.10-1 (Residential Land Use Matrix) of Chapter 18.10 of the Yorba Linda Municipal Code is revised to add the following land use:

TABLE 18.10-1

RESIDENTIAL LAND USE MATRIX
Use RARL
D
RERSRURMR-M20R-M30Comments
Small employee
housing (6 or fewer)
P P P P P • • • See Health and Safety
Code Section 17008

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ITEM #8. The Yorba Linda Hills Planned Development (PD) text for District II is amended as follows; however, this Zone Change shall not become effective until General Plan Amendment 2024-02 is approved by a majority vote of the electorate of the City.

ORDINANCE NO. 2024-1111

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 2024-02) 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 2024-02 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, between October 2020 and August 2022, 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 conducted numerous public hearings related to the adoption of several General Plan Amendments and Zoning Code Amendments to implement the 2021-2029 Housing Element that was conditionally certified by HCD on April 8, 2022; and WHEREAS, when adopting these General Plan Amendments and Zoning Code Page 198 of 453 ORDINANCE NO. 2024-1111
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Amendments, it was determined that they were 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, which was presented to the electorate of the City as Measure Z as part of the November 2022 General Election; and
WHEREAS, the Orange County Registrar of Voters determined that Measure Z failed to receive the approval of a majority of the electorate of the City, and therefore, General Plan Amendments 2022-01 and 2022-02 and Zoning Code Amendments 2022- 01 and 2022-02 did not become effective; and
WHEREAS, in order to retain its conditional certification of its Housing Element from the HCD, the City is required to present a rezoning plan to the general electorate of the City by the General Election in November 2024, the City has revised its Housing Element and its associated implementation programs; and WHEREAS, since November 2022, the City has prepared a revised draft Housing Element update through a robust public outreach effort of seven public workshops, which attracted nearly 400 residents from a diversity of backgrounds, ethnicities, age groups, political affiliations, geography within the city, housing tenure, and varying perspectives on housing; and
WHEREAS, this revised draft Housing Element was submitted to HCD for consideration and it was determined on February 23, 2024 that the City’s draft Housing Element was found to be in substantial conformance with State housing laws; 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

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Ordinance and incorporated herein by this reference (“Zoning Code Amendment 2024- 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 2024-02 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 2024-02 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, #323-191-06, -07, -46, and #323-201-08 through 39; and to create Area B, which would adhere to the RM (Residential Multi-family) zone development standards for the following sites: APN# 323-181-04, -05, 06, -07, and Area B would be limited to no more than 98 total units as described in Exhibit A; and WHEREAS, Zoning Code Amendment 2024-02 would amend the text of the Savi Ranch Planned Development (PD) to allow multi-family residential uses consistent with the Housing Element for the following sites: APN #352-231-01, -02, -03, -04, -05, -06, -07, - 08, -09, -012, and 352-116-14 as described in Exhibit A; and WHEREAS, Zone Change 2024-02, which consists of proposed amendments to the Zoning Map, as identified in Exhibit A, is considered to be a part of Zoning Code Amendment 2024-02; and
WHEREAS, Zone Change 2024-02 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 #343-591-05, -06, -07, -25 (Site S3-207), APN #323-051-26, -27 (Site S3-211); and WHEREAS, Zone Change 2024-02 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 #334-101- 39, -40 (Site S3-082), APN #323-311-03 (Site S4-075), APN #334-101-39, -40 (Site S3- 082), APN #323-231-18, -19 (Site S4-200), APN #323-081-35, -36 (Site S4-204B); and WHEREAS, Zone Change 2024-02 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 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 #323-311- 03 (Site S4-075); and
WHEREAS, Zone Change 2024-02 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

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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, APN #323-171-07, -08, -09 (Site S3-210),; and WHEREAS, Zone Change 2024-02 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 2024- 02 constitutes a “Major Amendment” as defined in the Yorba Linda Right-to-Vote Amendment (Measure B) and is therefore to the approval of a majority vote of the electorate of the City to become effective; and
WHEREAS, Zoning Code Amendment 2024-02 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 2024-02, 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 2024-02 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 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 May 15, 2024, the Planning Commission conducted a public hearing to receive public testimony with respect to Zoning Code Amendment 2024-02 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

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hearing on May 15, 2024, which includes, without limitation, the staff reports submitted by the Community Development Department; and
WHEREAS, on May 15, 2024, the Planning Commission, at a regular public meeting, considered and decided to recommend to the City Council the approval of Zoning Code Amendment 2024-02, 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 2024-02 as part of the consideration of the adopted Housing Element implementation programs included therein; and
WHEREAS, in accordance with State and City laws, on June 18, 2024, the City Council conducted a public hearing to receive public testimony with respect to Zoning Code Amendment 2024-02 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 June 18, 2024, 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. On August 2, 2022, the City Council certified a Program Environmental Impact Report (PEIR) for the 2021-2029 Housing Element through Resolution No. 2022- 5817. Pursuant to Government Code Section 15164, the City has prepared an addendum to the previously certified PEIR by determining that the proposed changes do not meet the conditions in Government Code Section 15162 calling for the preparation of a subsequent EIR. Pursuant to 14 California Code of Regulations, § 15164, an Addendum to the Program Environmental Impact Report for the City of Yorba Linda 2021-2029 Housing Element Implementation Programs (State Clearinghouse # 2022040574) has been prepared.

The City, serving as the CEQA Lead Agency for the Revised Project (see CEQA Guidelines Sections 15050-15051), determined in its independent judgment that the Revised Project does not meet any of the circumstances from CEQA Guidelines Section 15162 and that an Addendum to the 2022 Certified PEIR is the appropriate CEQA compliance document for the Revised Project. The City’s finding is based on the following facts:
a. As demonstrated in Section 4.0 of the Addendum, the Revised Project would not require major revisions to the previously-certified 2022 Certified PEIR because implementation of the Revised Project would neither result in any significant impacts to the physical environment that were not already disclosed in the 2022 Certified PEIR nor result in substantial increases in the severity of the environmental impacts previously disclosed in the 2022 Certified PEIR.

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b. Subsequent to the certification of the 2022 Certified PEIR, no substantial changes in the circumstances under which the Revised Project would be undertaken have occurred that would require major revisions to the 2022 Certified PEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
c. There is no evidence in the public record that new information of substantial importance has become available that is applicable to the Revised Project and/or the City (Project site), that was not known and could not have been known with the exercise of reasonable diligence at the time the 2022 Certified PEIR was certified and would alter the conclusions of the 2022 Certified PEIR.

Section 2. The City Council has read and considered the amendments to the Zoning Code (referred to herein as “Zoning Code Amendment 2024-02”) as part of the consideration of the adopted Housing Element implementation programs included therein.

Section 3. Pursuant to Section 18.36.675 of the Yorba Linda Zoning Code, the City Council finds that Zoning Code Amendment 2024-02 is necessary to ensure that the Zoning Code is consistent within the City’s General Plan policies, goals and objectives and is consistent with the objectives of the Zoning Code.

Section 4. The City Council finds that Zoning Code Amendment 2024-02 is necessary apply the development standards contained in Zoning Code Amendment 2022-01 and Zoning Code Amendment 2024-02 to specific sites identified in Zoning Code Amendment 2024-02, 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 2024-02, which includes Zone Change 2024-02, as part of the consideration of the adopted Housing Element implementation programs included therein.

Section 6. The City Council hereby adopts Zoning Code Amendment 2024-02, which includes Zone Change 2024-02, 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 2024-02 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 2024-02, including Zone Change 2024-02,

ORDINANCE NO. 2024-1111
PAGE NO. 7
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 2024-02 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 2024-02, including Zone Change 2024-02, to a vote of the electorate of the City of Yorba Linda in separate elections. None of the items identified in Zoning Code Amendment 2024-02, including Zone Change 2024-02, 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.

ORDINANCE NO. 2024-1111
PAGE NO. 8
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 16th day of July, 2024.
___________________________

TARA CAMPBELL, 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 a regular meeting of the City Council of the City of Yorba Linda held on the 16th day of July, 2024, and was carried by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

ORDINANCE NO. 2024-1111
PAGE NO. 9
EXHIBIT “A”
Zoning Code Amendment 2024-02
(Comprised of Item #1 – Item #18)

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

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

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

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

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

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

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

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

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

ORDINANCE NO. 2024-1111
PAGE NO. 10
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.

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

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

ORDINANCE NO. 2024-1111
PAGE NO. 11
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 4791 and 4811 Eureka Avenue – APN #334-101-39, -40 (Site S3-082) will change from “Commercial – General” (CG) to “Residential Multiple-Family 20” (RM-20) to allow a maximum residential density of twenty (20) dwelling units per acre and a maximum building height of forty (40) feet or three (3) stories, whichever is less. The site will also be subject to the “Affordable Housing Overlay” (AFO) which will allow a maximum residential density of thirty-five (35) dwelling units per acre and a maximum building height of 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 5300-5393 Richfield Road – APN #343-591-05, -06, -07, -25 (Site S3-207) will change from “Residential Urban” (RU) 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 #5. The Yorba Linda Zoning Map is amended as follows:

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

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

The zoning for the proposed rezoning site located at 5005 and 5079 Mountain View Ave – APN #343-582-12, 343-281-07 (Site S3-024) will remain as “Residential Estate” (RE) and will also be subject to the “Congregational Lands Overlay” (CLO) which will allow a

ORDINANCE NO. 2024-1111
PAGE NO. 12
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 #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-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 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 #11. 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)

ORDINANCE NO. 2024-1111
PAGE NO. 13
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 #12. 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 #13. 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 #14. 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 #15. 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 #16. The Yorba Linda Zoning Map is amended as follows:

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

ORDINANCE NO. 2024-1111
PAGE NO. 14
ITEM #17. The West Bastanchury Planned Development (PD) text for District II is amended as follows:

ORDINANCE NO. 2024-1111
PAGE NO. 15
ITEM #18. The Savi Ranch Planned Development (PD) text is amended as follows:

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ORDINANCE NO. 2024-1111
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ORDINANCE NO. 2024-1111
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ORDINANCE NO. 2024-1111
PAGE NO. 23

PUBLIC WORKS DEPARTMENT
DATE: JULY 16, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMIE LAI, P.E., DIRECTOR OF PUBLIC WORKS / CITY ENGINEER PREPARED BY: JOSE ROMANI, ASSISTANT ENGINEER
SUBJECT: ENCROACHMENT ON THE PUBLIC RIGHT-OF-WAY REQUEST – 17812

CABALLO DRIVE

RECOMMENDATION
It is recommended that the City Council:
1) Authorize the construction of a secondary driveway approach on 17812 Caballo Drive, and
2) Determine such encroachments will not adversely impact the Public Right-of-Way (ROW), or the general public safety, and
3) Require the property owner(s) at 17812 Caballo Drive to execute a Declaration of Restrictive Covenants Agreement pursuant to City Council Policy E-5.

BACKGROUND
The property owner (Mr. Steve Leathers) residing at 17812 Caballo Drive (subject property, see Exhibit A) is requesting a secondary driveway approach (improvement) for RV parking and storage on his side yard. The existing, primary driveway is too steep for ingress/ egress.

This request generally does not conform with the City of Yorba Linda’s Municipal Code §18.10.10 (C5). The proposed improvement is not classified as a circular driveway and the proposed location of the improvement conflicts with the vision triangle for street corners (see Exhibit B). Currently, there is existing vegetation on the northeast corner of the subject property, which limits the adequate sight distance that is required per the Vision Triangle – Street Corner (see Exhibit C).

However, certain driveway curb cuts may be granted on a case-by-case basis, subject to approval by the Community Development Director and the City Engineer. The property owner obtained the signatures of all twenty-three (23) residents on Caballo Drive in support of the improvements.

E N C R O A C H M E N T O N T H E P U B L I C R I G H T - OF - W A Y R E Q U E S T – 1 7 8 1 2

C A B A L L O D R I V E
P a g e | 2

DISCUSSION
The City’s current Policy E-5, adopted in 2023, addresses the use of City-held easements and improvement(s) in the public right-of-way (ROW). In the Encroachment Permit section of the E-5 Policy, “no significant impact” is defined as less than one foot of encroachment onto City-owned property / easement / public right-of-way (See Exhibit D). The policy continues to state that over one foot of encroachment constitutes a property / easement vacation process or a Declaration of Restrictive Covenant agreement (See Exhibit E).

The proposed improvement(s) within the ROW were evaluated by the property owner, Public Works and Planning staff, and determined to have no physical adverse effects on the ROW and do not adversely impact existing buildings, adjacent properties, or the safety of the general public. The side yard setback and driveway dimensions are met with the proposed design. Staff recommends that the proposed improvement(s) within the ROW be permitted and requests authorization for the City Manager to grant the subject property owner(s) an Encroachment Permit for the proposed improvement(s) on the ROW, and to enter into a Declaration of Restrictive Covenants Agreement (Agreement). This Agreement requires the Subject Property owner(s) to bear any costs for damage to the ROW and includes an indemnity clause to protect the City from any future liability or lawsuits relating to the improvement(s). In addition, the property owner would be responsible for the removal or replacement costs of said improvement(s) in any event and shall maintain the vision triangle area from any obstructions, including but not limited to vegetation, etc., to meet the Vision Triangle requirements. The Agreement will be recorded with the County and will bind all future owners of the property. The Encroachment Permit shall not take effect until all terms of the Agreement are satisfied.

FISCAL IMPACT
None. The subject property owner(s) will be required to pay for the recording of the Agreement and staff time associated with processing any permits, as allowed in the City’s Fee Schedule. The subject property owner(s) would be responsible for the removal/ replacement costs of said improvement(s) in the ROW and to maintain the vision triangle area at all times at their expense.

ALTERNATIVES
Deny the subject property owner(s) improvement within the ROW. The property will need to restore any damage to the ROW back to its original condition.

ATTACHMENTS
Exhibit A: Vicinity Map
Exhibit B: Site Plan with Improvements
Exhibit C: Vision Triangle – Street Corner
Exhibit D: E-5 Encroachment Policy
Exhibit E: Declaration of Restrictive Covenant agreement

EXHIBIT A: VICINITY MAP

City of Yorba Linda
Public Works
Vicinity Map
17812 Caballo Drive
Source: City of Yorba Linda, 2024 Vicinity Sites Page 224 of 453 EXHIBIT B: SITE PLAN WITH IMPROVEMENTS

EXHIBIT C: VISION TRIANGLE

§ 18.26.090. Fences, walls, and hedges.

Fencing or walls are permitted between individual single-family units. Walls and/or fences shall be required between single-family lots and lots developed with higher density residential uses. Fences or walls shall be provided between institutional, commercial, and/or industrial uses and the residential use.

The use of barbed wire, electrified fence, or razor wire in conjunction with any fence, wall, hedge, or by itself, within any residential zone is prohibited unless required by law or regulation of the City, the State of California, Federal government, or agency thereof.

Six-foot high chain link fencing is permitted at all property lines for any vacant lots or buildings. The chain link fence shall be removed from the front yard and any other location adjacent to a public street by the owner/applicant at the time of occupancy. For developed property, chain link fencing shall not be permitted within any front yard area or along any property line adjacent to a public right-of-way.

Except as provided herein, the maximum height of all fences and walls for all locations except the required front yard is six feet from top to finished grade for the face of the wall facing an adjacent property, and nine feet from top to finished grade for the face of the wall facing the subject property as shown in Figure 18.26-4. The maximum height of individual retaining walls shall not exceed nine feet, and shall also be subject to the provisions of Chapter 18.30 (Hillside Development) of this code.

Figure 18.26-4 Fence Height
Fences and walls within the front yard setback shall not exceed 36 inches in height.

The foregoing wall/fence height limitations shall not apply to estate fences as defined in Section 18.04.060, in which case estate fences may exceed the height limits of this section subject to approval of a conditional use permit.

A corner cut-off area shall be provided at the intersection of all streets. The corner cutoff area along the right-of-way line shall be reserved for the purpose of maintaining adequate sight distance. The triangle formed shall have a minimum dimension of 20 feet as depicted in Figure 18.26-5 unless determined by the City Engineer that additional City of Yorba Linda, CA
Downloaded from https://ecode360.com/YO5039 on 2024-07-03Page 228 of 453 distance is necessary to maintain adequate sight distance. No vegetation shall be planted or allowed to grow, nor shall any structure be placed in the sight vision area in a manner that obstructs visibility or threatens vehicular or pedestrian safety as determined by the City Engineer or the Community Development Director. Only traffic control devices, traffic signs, utility poles, transformers, pedestals, or other similar traffic control devices may be located within the sight visibility area.

A corner cut-off area shall be provided at the intersection of each driveway and a public street, sidewalk, or other right-of-way in the form of a triangle with a minimum dimension of 10 feet as depicted in Figure 18.26-6 unless determined by the City Engineer that additional distance is necessary to maintain adequate sight distance. This area shall be kept free of obstructions, fences, trash containers, so that traffic visibility is maintained.

Figure 18.26-5 Vision Triangle—Street
Corner Figure 18.26-6 Vision
Triangle—Driveway
( Ord. 2004-884 ; Ord. 2019-1056 § 3)
City of Yorba Linda, CA
§ 18.26.090 § 18.26.090
Downloaded from https://ecode360.com/YO5039 on 2024-07-03Page 229 of 453 EXHIBIT D: ENCROACHMENT E-5 POLICY

POLICY: ENCROACHMENTS AND USES WITHIN CITY EASEMENTS
Number: E-5 Issue Number:

Page: 1 Date Adopted:

Replaces:
4 October 17, 2023
June 2, 2020

C I T Y C O U N C I L P O L I C I E S
I. PURPOSE
To establish City guidelines and procedures for issuing permits for encroachments within City easements; to establish guidelines by which permits for encroachments within City easements may or may not be considered; and to identify the difference between a request for an encroachment permit as compared to a request for a vacation of a City easement. Encroachments include development, construction on, or use of City easements and public right-of-way.

II. BACKGROUND
The City holds easement rights over properties citywide for various defined uses. Where easements have been granted to the City, the fee title to the property is owned by the underlying property owner. However, the rights of the property owner are subject to the rights that the City possesses pursuant to the City’s easement.

There are five typical types of easements held by the City:
1) Right-of-way easements are typically for street purposes that allow for utilities and transportation purposes, such as a roadways, trails, sidewalks, and pedestrian paths.
2) Access easements allow the City to ingress and egress through private property to service, maintain, or monitor a City facility within or beyond the property. 3) Underground structure/utility easements are typically located over a City-owned buried structure or utility (i.e., a storm drain or other City-owned infrastructure), and generally restrict the type of use on the land above the infrastructure to protect it from damage and to allow access should the infrastructure need to be excavated and repaired.
4) Drainage easements allow for the conveyance of storm-water runoff over the encumbered property and restrict the type of use and improvements on the land to ensure proper conveyance of the established drainage. 5) Maintenance easements restrict the use of the land within the easement area and allow the City control of the land surface. The City uses maintenance easements throughout the City to maintain landscape areas and trails for public benefit and enjoyment.

The City frequently receives requests from property owners to allow for specific uses or construction within the limits of City easements. For requests that primarily seek private use of a City easement, such requests more appropriately should be processed as a vacation of the City’s easement to reflect the private nature of the proposed use.

Therefore, this policy distinguishes between those requests that are appropriately

POLICY: ENCROACHMENTS AND USES WITHIN CITY EASEMENTS
Number: E-5 Issue Number:

Page: 2 Date Adopted:

Replaces:
4 October 17, 2023
June 2, 2020

C I T Y C O U N C I L P O L I C I E S
encroachment permits and those requests that should be processed as easement vacations. Access, underground structure/utility, and drainage or other similar related easements should not be vacated due to public safety reasons.

III. POLICY
The City, in accordance with California and federal law, has property rights as an easement holder. Property owners and easement holders shall retain all rights granted to each under the law. The intent of this policy is to clarify basic requirements to be implemented in regard to encroachments within City easements to ensure proper safety and protection of the public, public property, and public infrastructure. The City will apply the following restrictions and exceptions to the use of land within City easements.

As the owner of the City easements, the City will apply the following restrictions and exceptions to the use of land within City easements. Because there is an element of public safety to some easements, any existing unauthorized encroachments into access, drainage, or underground structure/utility easements (or similar public safety related easements) that interfere with the proper use of the easement shall be removed within 30 days of receiving written notice by the City unless specifically authorized in this Policy.

Existing unauthorized encroachments within access, drainage, or underground structure/utility easements (or similar public safety related easements) may remain only by City Council approval, or as noted herein by City Manager or designee on an individual case-by-case basis.

Right of Way Easements: Obstruction of right of way easements is prohibited. Private improvements are not permitted within right of way easements that inhibit the use of utilities, trails, sidewalks, pathways, and roadways. At the discretion of the City Engineer, the City may permit an exception to allow private landscaping and minor hardscapes within parkways. Private landscaping and improvements are not permitted in landscaped areas that are maintained by the City.

Access Easements: Obstruction of access easements is prohibited. Stored vehicles or materials shall not be placed within an access easement area. Trees or other objects are not permitted to interfere with the free and clear access within the easement limits.

At the discretion of the City Engineer, the City may permit an exception to allow a gate across the access easement. However, any permitted gate must remain unlocked by the permittee at all times or locked with a City-owned padlock. No electronic operated gates will be allowed.

Drainage Easements: Obstruction of drainage easements is prohibited. Trees, walls, structures, and intrusive hardscape are prohibited within the easement area. The easement area may not be used for storage. At the discretion of the City Engineer, the City may permit an exception to allow a gate or fence perpendicularly across the drainage

POLICY: ENCROACHMENTS AND USES WITHIN CITY EASEMENTS
Number: E-5 Issue Number:

Page: 3 Date Adopted:

Replaces:
4 October 17, 2023
June 2, 2020

C I T Y C O U N C I L P O L I C I E S
easement. However, any permitted gate must remain unlocked by the permittee at all times or locked with a City-owned padlock and allow for the proper conveyance of stormwater runoff.

Underground Structure/Utility Easements: Trees, walls, structures, and intrusive hardscape are prohibited within the easement area. At the discretion of the City Engineer, the City may permit gates to be constructed perpendicularly across to the easement. Any accessory items or uses within the easement must be easily moveable, as determined by the City Engineer. The easement area may be used for storage, but items must be removed immediately upon City request to allow access to the underground infrastructure.

The City will not be responsible for reconstruction or repair of private improvements constructed within the easement area.

Maintenance Easements: Encroachments, including privately owned, fixed or permanent structures, into the easement area are prohibited unless specifically allowed as outlined in the sections below.

IV. PROCEDURES
Requests for authorization to encroach within the limits of City easements may be issued under the following guidelines:

A. Temporary Encroachment
The City Manager or his designee may issue an encroachment permit with conditions for the construction of temporary improvements that encroach onto City easements. The term of the encroachment permit issued under this policy may not exceed one (1) year. Such improvements shall be able to be removed quickly and easily within ten (10) calendar days of notice to remove such items from the City. Encroachment permits for temporary improvements may be renewed for up to five one-year periods at the discretion of the City Manager or his designee. The following conditions apply to Encroachment Permits for temporary improvements:
• Proposed temporary improvements shall not alter the nature or design of a City maintained easement area, which is visible to passersby and which will change the intent and/or design of the community as it was originally approved by the Planning Commission and/or the City Council.
• Proposed temporary improvements must meet the requirements of the current Yorba Linda Municipal Code and Building and Safety Codes and may require the issuance of a building permit. Proposed temporary improvements shall not violate any land use regulations or be detrimental to the City’s property interest.

POLICY: ENCROACHMENTS AND USES WITHIN CITY EASEMENTS
Number: E-5 Issue Number:

Page: 4 Date Adopted:

Replaces:
4 October 17, 2023
June 2, 2020

C I T Y C O U N C I L P O L I C I E S
• The design, placement, and construction of any temporary improvement is subject to the approval of the City Manager or his designee. The City may revoke a permit if, in the judgment of the City Manager or his designee, such revocation is in the public interest. Any decision to revoke an encroachment permit may be appealed to the City Council following the appeal process as outlined in the Yorba Linda Municipal Code Article IX of the Zoning Ordinance.

Written notice of the appeal for an encroachment permit is required within 10 calendar days of notice of revocation.

B. Permanent Encroachment
Fixed, permanent structures or permanent improvements encroaching upon City easements are not allowed, except in those instances where there is “no significant impact” on the City easement involved, and/or where it is not practical to formally vacate such easement. The term “no significant impact” means an encroachment of one foot (1') or less onto a City easement, and which does not deprive the public from the normal use and enjoyment of the remaining easement or adversely impact the purpose of the easement. For example, if a property owner accidentally builds a wall/fence that encroaches a few inches onto the City easement, it may be considered to be within a tolerable level where no Planning Commission or City Council action is required.

Requests for permanent improvements that exceeds these standards (i.e. one foot) shall be deemed a request for a vacation of the easement and shall be subject to the vacation hearing process. However, due to their public safety connection, access, underground structure/Utility, and drainage easements or similar safety related easements should not be vacated. Requests for encroachments onto access, underground structure/Utility, and drainage easements or other similar safety related easements for privately owned, fixed or permanent structure will either require (a) a City Council determination/finding, or (b) City Manager or designee determination/finding, that the proposed permanent improvements will not adversely impact the City’s easement or general public safety and the property owner may be required to execute a Declaration of Restrictive Covenants (DORC) or Encroachment Agreement.

An Encroachment Agreement applies to permanent encroachments within public right-of-way. Declaration of Restrictive Covenant applies to permanent encroachments over City easements.

A City Council determination/ finding is required for more significant encroachments into public easements (i.e. retaining walls or structures, deep foundations protruding within easement greater than one and a half (1.5’) feet from existing ground). City Council approval is also required if subsequent processes of approval are required (i.e. Planning Commission’s 65402 finding).

POLICY: ENCROACHMENTS AND USES WITHIN CITY EASEMENTS
Number: E-5 Issue Number:

Page: 5 Date Adopted:

Replaces:
4 October 17, 2023
June 2, 2020

C I T Y C O U N C I L P O L I C I E S
• The easement area encompassed by the fence will be vacated by the City, at the City’s expense, including landscape and irrigation modifications. If the underlying property owner does not want the encompassed area to be vacated, the fence shall be relocated outside the City’s easement area by the property owner within thirty (30) calendar days of receiving such notice. • Any unpermitted accessory structures or improvements in the prior easement area shall require a Design Review through the Planning Commission.

Existing unauthorized encroachments without permits will be allowed to remain subject to the following:
• The easement area encompassed by the fence will be vacated by the City, with all costs of the vacation process, including landscape and irrigation modification, being borne by the property owner. If the underlying property owner does not want to vacate the encompassed easement area, the unauthorized encroachment shall be removed within thirty (30) calendar days of receiving a notice from the City.
• Any unpermitted accessory structures or improvements in the prior easement area shall require a Design Review approval through the Planning Commission.
• Compliance with the "General Fence Relocation Guidelines".

Each case will be evaluated individually, and the City Manager or his designee shall take into account unique circumstances when applying this Policy. At the discretion of the City Manager or his designee, the property owner may be required to execute a Declaration of Restrictive Covenants for the prior easement area.

C. Encroachments Requiring Vacation of City Easement
Existing Fence Encroachments on City Maintenance Easements Existing fences encroaching into City landscape easements that were authorized pursuant to a City encroachment permit and were constructed prior to July 15, 2003, will be allowed to remain subject to the following:

The City Manager or designee may approve minor permanent encroachments without City Council approval (i.e. fencing, building or roof overhangs aerially, landscaping, hardscaping, movable furniture, sheds, etc).

POLICY: ENCROACHMENTS AND USES WITHIN CITY EASEMENTS
Number:

Page:

E-5 Issue Number:

Date Adopted:

Replaces:
4 October 17, 2023
June 2, 2020
• Adjacent and/or affected neighboring properties shall be notified of the request prior to the Planning Commission review. The easement area encompassed by the fence will be vacated by the City, with all costs of the vacation process, including landscape and irrigation modifications shall be borne by the property owner.
• The proposed fence shall be installed at a distance from the top of slope equal to any adjacent existing fence or as approved by the Planning Commission.

However, unless there is a consistent fence line either adjacent to the property or along a majority of the slope, the City would not grant encroachments greater than 18 feet from the top of slope.
• The establishment and maintenance of the fence and landscaping within the fenced area shall be consistent with the “General Fence Relocation Guidelines” as determined by the Planning Commission.

D. Other Implementation Procedures
The City Manager or his designee may develop any other rules, regulations, or procedures that may be necessary for the effective implementation of this policy.

Such regulations and procedures may incorporate (but are not limited to) provisions relating to insurance, indemnification, maintenance, notice, permit form, appeal process, etc.

E. Appeal Process
Any decision related to the land use within a City easement may be appealed in writing to the City. Public Works staff shall review the proposed appeal and forward the request for encroachment authorization to the City Manager. The final determination for encroachment authorization may ultimately be made by the City Council.
• Upon approval by the Planning Commission as part of a Design Review process including any proposed accessory structures or improvements in the easement area. Each case will be evaluated individually, and the Planning Commission shall take into account unique circumstances when applying this Policy. At the discretion of the Planning Commission, the property owner may be required to execute a Declaration of Restrictive Covenants (DORC) for the prior easement area.
6 Proposed New Fence Encroachments on City Maintenance Easements Proposed fence encroachments into City maintenance easements may be allowed subject to the following:

POLICY: ENCROACHMENTS AND USES WITHIN CITY EASEMENTS
Number: Issue Number:

Page: Date Adopted:

Replaces:
4 October 17, 2023
June 2, 2020

C I T Y C O U N C I L P O L I C I E S

GENERAL FENCE RELOCATION GUIDELINES

1. Each homeowner will be responsible for their own fencing costs and any other costs associated with fence relocation, including any damage to plants or sprinklers resulting from the fence relocation, and all costs incurred in the easement vacation process.

2. The homeowner may need to obtain a permit for the fence from the City of Yorba Linda Building Department.

3. All fence irrigation and landscape plans are subject to Planning Commission review and approval.

4. The fence shall be painted Hunter Green and remain maintained in good condition with minimal fading, rust, or corrosion visible from the street below at any time.

5. The irrigation system within the easement vacation area shall be installed and maintained by the property owner with a water source connected to the property owner’s water meter.

6. Trees, shrubs, and ground cover planting shall match the adjacent city-maintained trees, shrubs, and ground cover plant pallet.

7. Subject area shall remain at the existing grades prior to the easement vacation and shall not be modified in any way.

8. No new tree(s), shrub(s) or ground cover shall be planted within the subject area unless replacing existing naturally damaged or diseased tree(s) or shrub(s) or ground cover in kind and number.

9. Area shall not be used as an animal kennel or holding area.

10. Maintenance of fences, irrigation systems, trees, shrubs, and ground cover shall match, at a minimum, the standard of care provided by the City for the landscaped area adjacent to the easement vacation area.

11. Fence location shall be parallel to the top of slope at the limit of the easement vacation.

Number:

Page:

E-5
7

EXHIBIT E: DECLARATION OF RESTRICTIVE COVENANTS AGREEMENT

2616/009410-1001
7013531.2 a07/02/24 -1-

RECORDING REQUESTED BY

CITY OF YORBA LINDA
When recorded, return to:

City of Yorba Linda
Engineering Division
4845 Casa Loma Avenue
Yorba Linda, CA 92885

EXEMPT (FREE) RECORDING REQUESTED
UNDER GOVERNMENT CODE 27383
THIS AREA FOR RECORDER’S USE ONLY

DECLARATION OF RESTRICTIVE COVENANTS
(ENCROACHMENT ON PUBLIC RIGHT-OF-WAY)
THIS DECLARATION OF RESTRICTIVE COVENANTS ("Declaration") is made this _______________________, 2024, by and between CITY OF YORBA LINDA ("CITY"), a public agency, and LEATHER MICHELLE A TR, LEATHERS FAMILY TR ("DECLARANT"), with reference to the following:

RECITALS
A. The DECLARANT owns real property located at 17812 CABALLO DRIVE, Yorba Linda, California 92886 (APN 343-101-02) ("Subject Property"), which is more particularly described as follows:

LOT 1 OF TRACT 4147, IN THE CITY OF YORBA LINDA,

COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK NO.5, PAGE(S) 17 AND 18, MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, STATE OF CALIFORNIA.

B. CITY right of way, as identified on TRACT MAP NO. 4147, Official Records of Orange County, California (public right-of-way), on CABALLO DRIVE is 52 feet, with 26 feet extending each direction from the centerline of the street.

C. The DECLARANT desires to construct a secondary 25-feet driveway approach and a curb drain (collectively herein referred to as "Improvements") within and along the public rightof-way (hereinafter referred to as an “Encroachment"), as illustrated in Exhibit "A" attached hereto and incorporated by reference herein.

D. CITY conditionally consents to the Encroachment within and along the public right-ofway as stipulated in this Declaration. DECLARANT is aware that the Improvements will impact the line of sight and they will be responsible to maintain clearance at all times to meet the sight triangle per CITY’s Municipal Code (§18.26.090), as shown in Exhibit “B”.

DECLARANT will be liable for any costs arising out of or related to the Encroachment.

NOW, THEREFORE, incorporating the above recitals, CITY and DECLARANT hereby declare as follows:

2616/009410-1001
7013531.2 a07/02/24 -2-

1. Covenant Running with Land. This Declaration constitutes a covenant running with the land, as provided by California Civil Code Section 1468, and shall benefit, burden, and bind the DECLARANT and the CITY. The term “DECLARANT” shall include not only the present DECLARANT, but also the DECLARANT’S heirs, successors, executors, administrators, and assigns.

2. Damages to City Facilities. DECLARANT assumes full responsibility and liability and shall pay for any cost(s) or damage(s) to the City Facilities and appurtenant structures, arising from or related to the construction, existence, removal, and/or use of the Improvements. CITY shall not be responsible for any cost(s) or damage(s) to the City Facilities and appurtenant structures that arise from the Encroachment.

3. Damages to Third Parties. DECLARANT agrees to indemnify, defend and hold harmless CITY and its officers, directors, employees, agents, consultants, and other authorized representatives from any and all liability, claims, demands, damages (whether contract or tort, including personal injury, death, or property damage), costs, and financial loss, including all costs and expenses of litigation or arbitration, which result or are claimed to have resulted directly or indirectly from the Encroachment, including but not limited to the construction, existence and/or use of the Improvements.

4. Notice of Intent to Remove Improvements. DECLARANT shall notify City of its intent to remove any or all Improvement(s) in the Encroachment area at least fourteen days prior to removal.

5. Damages to Improvements. DECLARANT acknowledges that the CITY, its officers, directors, employees, agents, consultants, and other authorized representatives shall not be responsible for any damage(s) to or because of the Improvements which result from CITY's exercise of its rights under the Improvements. DECLARANT waives all known, unknown, and future claims, liabilities, causes of action, and expenses against CITY, its officers, directors, employees, agents, consultants, and other authorized representatives for losses and damages to the Improvements and from any obligation to protect, preserve, repair, or replace the Improvements. The construction, use, protection, repair and replacement of the Improvements shall be entirely the risk and obligation of DECLARANT, even if damage is caused by CITY.

6. Recording of Agreement. This Declaration shall be recorded in the Office of the Recorder of the County of Orange, California, and shall constitute notice to all successors and assigns of the title to the Subject Property of the rights and obligations set forth herein.

7. Severability. The invalidity or unenforceability of any provision of this Declaration shall in no way affect the validity or enforceability of any provision hereof.

8. Governing Law. This Declaration shall be governed by, and construed in accordance with, the laws of the State of California.

2616/009410-1001
7013531.2 a07/02/24 -3-

9. Attorneys’ Fees. In the event any action shall be instituted between the DECLARANT and the CITY in connection with this Declaration, the party prevailing in such action shall be entitled to recover from the other party all of its costs of action, including, without limitation, attorneys’ fees and costs as fixed by the court therein. (INTENTIONALLY BLANK)

2616/009410-1001
7013531.2 a07/02/24 -4-

DECLARATION OF RESTRICTIVE COVENANTS
(ENCROACHMENT ON CITY EASEMENT)
17812 CABALLO DRIVE

CITY OF YORBA LINDA DECLARANT
By: By: __________________________
Tara Campbell LEATHER MICHELLE A TR,
Mayor LEATHERS FAMILY TR
Attest:

By:

Marcia Brown
City Clerk
Approved as to Form:

Rutan & Tucker LLP
By:

Todd Litfin
City Attorney

2616/009410-1001
7013531.2 a07/02/24 -5-

EXHIBIT A

2616/009410-1001
7013531.2 a07/02/24 -6-

EXHIBIT B

PUBLIC WORKS DEPARTMENT
DATE: JULY 16, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMIE LAI, P.E., DIRECTOR OF PUBLIC WORKS / CITY ENGINEER PREPARED BY: JOSE ROMANI, ASSISTANT ENGINEER
SUBJECT: ENCROACHMENT ONTO CITY PROPERTY REQUEST – 4845 MAIN STREET

RECOMMENDATION
It is recommended that the City Council:
1) Authorize the construction of approximately 43 linear feet of 6 feet high white vinyl fence on 4852 Olinda Street, and
2) Determine such encroachments will not adversely impact the City’s property, City’s facility, or the general public safety, and
3) Require the property owner(s) at 4845 Main Street to execute a Declaration of Restrictive Covenants Agreement pursuant to City Council Policy E-5.

BACKGROUND
The following easements exist on 4845 Main Street (subject property, owned by Masonic Lodge, see Exhibit A):
1) A Yorba Linda Water District 7-ft wide sewer easement is located on the westerly side of the Subject Property (see Exhibit B).

The City granted the Yorba Linda Water District (YLWD) easement rights to access their sewer facilities through a Grant of Easement agreement (See Exhibit C). The following easements exist on 4852 Olinda Street (City property, see Exhibit A):
1) A YLWD 3-ft wide sewer easement is located on the easterly side of the City Property (see Exhibit B).
2) A YLWD 15-ft sewer easement is located on the southerly side of the City Property (see Exhibit B).

The subject property is east of the City property. The subject property is requesting the City

E N C R O A C H M E N T O N T O C I T Y P R O P E R T Y R E Q U E S T – 4 8 4 5 M A I N

S T R E E T
P a g e | 2
to permit the construction of a 6 feet high white vinyl fence, that will span approximately 43 linear feet on City property (see Exhibit B).

DISCUSSION
The current Policy E-5, adopted in 2023, addresses the use of City-held easements. The City owns easement rights over properties citywide for various defined uses. In the Encroachment Permit section of the E-5 Policy, “no significant impact” is defined as less than one foot of encroachment onto City-owned property / easement (See Exhibit D). The policy continues to state that over one foot of encroachment constitutes a property / easement vacation process or a Declaration of Restrictive Covenant agreement (See Exhibit E).

The proposed improvement(s) within the City Property area were evaluated by the property owner and Public Works and determined to have no physical adverse effects on the City’s daily use of the property and does not adversely impact existing buildings, adjacent properties, or the safety of the general public. The area enclosed by the new vinyl fence will be used for additional gathering space and facilitate swinging of the back doors.

Staff recommends that the proposed improvement(s) within City property be permitted and requests authorization for the City Manager to grant the subject property owner(s) an Encroachment Permit for the proposed improvement(s) on City property, and to enter into a Declaration of Restrictive Covenants Agreement (Agreement). This Agreement requires the subject property owner(s) to bear any costs for damage to City property and includes an indemnity clause to protect the City from any future liability or lawsuits relating to the improvement(s). In addition, the property owner would be responsible for the removal / replacement costs of said improvement(s) in any event. The Agreement will be recorded with the County and will bind all future owners of the property. The Encroachment Permit shall not take effect until all terms of the Agreement are satisfied.

FISCAL IMPACT
There is no direct fiscal impact. The subject property owner(s) will be required to pay for the recording of the Agreement and staff time associated with processing any permits, as allowed in the City’s Fee Schedule. The subject property owner(s) would be responsible for the removal/ replacement costs of said improvement(s) on City property.

ALTERNATIVES
Deny the subject property owner(s) improvement within the City property. This alternative is not preferred as the previous fencing was removed as part of YLWD’s sewer improvement project. Denying this request would leave the Masonic Lodge without a back enclosure and subject to potential trespassing.

E N C R O A C H M E N T O N T O C I T Y P R O P E R T Y R E Q U E S T – 4 8 4 5 M A I N

S T R E E T
P a g e | 3

ATTACHMENTS
Exhibit A: Vicinity Map
Exhibit B: Site Plan with Improvements
Exhibit C: Yorba Linda Water District Agreement – Grant of Easement Exhibit D: E-5 Encroachment Policy
Exhibit E: Declaration of Restrictive Covenants Agreement

EXHIBIT A: VICINITY MAP

City of Yorba Linda
Public Works
Vicinity Map
A. 4845 Main Street (Subject Property)
B. 4852 Olinda Street (City Property)
Source: City of Yorba Linda, 2024 Vicinity Sites
B A

EXHIBIT B: SITE PLAN WITH IMPROVEMENTS

PROPOSED 6 FT. HIGH

WHITE VINYL FENCE

ON CITY PROPERTY
(4852 MAIN STREET)
15 FT. YLWD

SEWER EASEMENT
3 FT. YLWD
SEWER

EASEMENT

PROPOSED
6 FT. HIGH
WHITE
VINYL

FENCE ON

PRIVATE

PROPERTY
(4845 MAIN

STREET)

PROPOSED
6 FT. HIGH
WHITE
VINYL

FENCE ON

PRIVATE

PROPERTY
(4845 MAIN

STREET)
* Separate approval
by YLWD is required
for any proposed
improvements (gates,
etc.) in the sewer
easement.

ENCROACHMENT AREA INTO CITY R/W 4845 Main Street Masonic Lodge (N) YLWD Manhole

EXHIBIT C: YLWD GRANT OF EASEMENT

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Yorb¡r LindE l¡llsfer Dishlct
Atin: General Mcnoger
PO Box 3û?
Ynrba Lindo" CA ?2885-030?
Racorded in S'tÍcial Records, êrange County
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THIS SPACË FÛR RECORDER'S USË ÛNLY
FREF GOVERNÀ¡ENT RECCIRDINç PURSUANT
TO GOVERNMENT CÛDT SEC, ó}03 ANÐ
27383 AI-ID EXEMPT FROM TAX PURSUANT TO
REVËNU¡ ANÐ TAX CTDE SEC, I1922
GRÀHT OI EAÍEMTNT
Access 1o Sewer Focilities
l. For valuable considersfion, receipl of which is lrereby ocknowledged. CITY OF YCIRBA LINDA ond its successors cnd ossigns i"Êronfor"! hereby grgnt tçl ihe YORBA LINDA WATFR ÞISTR|CT, s locql public ãger¡cy orgqnízed and operofing pursusnl to Division l2 ol the Cslifornia Woter Code {section 3000CI et seq,} ond its successors ond ossigns {"Gronlee"}, c non-exclusíve ond perpetuol eosement fqi in, ovèt, UpCIn, under çnd ccrols o sirip of real property described and depicted befow, {b} to occesl, inspecf, operate, repoir. msinloin, replcrce. remove, offer, ond use o pipellne or pipelines fogether with brcces, connections. fosfenings, coffimunicofion cobles, ond olher oppliances ünd flxlures ln connection therewíIh or oppurfenanl thereto {"GIoniee Facilities"}' {c} for sewer service purposes ond for ingress ond egress in connection with the Êxercise of fhe foregoing rights.

Z. The strip of recl properly subject 1o this Grsnl of Eosemenf is locofed in the County of Orange, Stote of Callfornic. ond ís legclly described in Exhiblt "A" snd depicted in Exhlblt "B" {"Egsg¡ûgnlÆÊg"}.
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3. This Granf of Êssement sholt corry with iT the righi to mark the locction of the Eqsement Area by suilable rnqrkers set ond mointqined in the ground ct locotions which shsll not interfere with Grqntor'$ ressonable use of lhe Eosemenf /qfe0

4. GronTor shall not increose or decreose, or permii to be increosed or decreosed, the now existing ground elevsfions of fhe Fosernent Areo wíthout the prior written consent of ihe Grsntee. Grantor reserves fhe righi to full t¡se ond enjoyrnenf of the burdened lond. excepi for lhe purpû$es herein grcnted, p.ovided thqt Gronior'ç use ond enjoyment shatlnct hindec conflict. or interfere with the exercise of fhe Grcntee's rights hereunder, ond thot no excovotïon, building. structure, or obstrt"¡ctíons sholl be constructed on the Eosement Area" S. The Grsntee Focililies shall ct all Tirnes remoin the property ol the Grontee nofwithslonding the rome moy be onnexed or offixed to the freehold cnd shall of ony time ond fiom time to lime be removeible, in whole or in port, by ihe Grsntee. lf the Gronfee permÕnently obondons lhe Grontee Focilities, lhe Gro¡tee. in ils sole díscretion, moy leove the Grontee Fqcilities in ploce ond shqll execuie ond record o reconveyctnce cnd relecse of this Grcnt af Ëssement.

6. Grontee shqll have fhe further ríghT to retoin lhe Gronlee Fscilities in ond of their existing locotion{s} ond depth{s}. GronTor shsll not relocqle or lower The G¡sntee Fociiities without 'the Grqntee's written conseni provided bV Gron-tee's General Monoger.

T. To irsve ond to trold the sbove-described righis ond essement gronted unto the Grontee for os long os the Granlee desires 1o exercise the sssne. årontee moy ossign the rights ond eosernent herein gronted. either in whole or in püri, subjecl lo the terms of this Gront of Eosernenl.
g. Çounterpori sígnolure pqges may be sttoched hereto for purposes of recording.

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EXH}BIT "A'
LËGAL ÐE$CRIPTIGN
THË EASTËRLY 3 FEET OF LOTS 29, 30, Af{D 31 OF TþIE NEWMARK TRACT, .N THE C¡TY TF YORBA LINOA, COUNTY OF ORANGE" STATE OF
]ALIFORNIA. AS PER MAF REÇORDED IN BOOK 7, PAGES 45 ANT 4ê, OF MISCELLANEOUS MAPS IN THE OFFICË OF THE COUNTY RECORDER OF SAID COUNTY.

CONTAINING 225 SQUARE FEET, MORE OR LESS.

ALL AS MORE PART¡CULARLY SHOWN ON ËXHIBIT B ATTACHED HERETO ANO MADE A FART HËREOF,
PRËFARED BY ME OR UNDER MY DiRËCTION,
ÛATED THIS 7TFì DAY OF JUNE. 2T23,
GWËN-VËRA BEL CAST¡LLO, FLS 5108
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SEWER EASEMENT NO. 1
NT NO. 1
\ PROPERTY LIN
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EX. SIDEWALK
PREPARED BY EXHIBIT ''E"
SEWER EASEMENT NO. 1

ENCROACHMENTS

MAIN STREET SEWER REPLACEMENT

YORBA LINDA WATER DISTRICT
1717 E. MIRALOMAAVENUE
PLACENTIA, CALIFORNIA 92870
(714) 701-3000
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SCALE: 1"=10'
DArE: 8/8/23

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WITNESS {my} {our} hond{s} on the doTe following our signolures below: flf a ccrporaliän, ine corp*rcfe secf sholl be offixed near the signotures of the duly ouihorieed officers!
fALL s¡GNATURES SltAtL BE NOTÀRIZED¡
Ciiv of Ynrhcr t indr:

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Ncme: lütqrk A. Pulone
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crvll cCIDE s !189 CATIFORII IA åCKHOWLEDÍ¡I\f, E}¡T
A notary puhlic or otlîer offìcÊr compteting this eerti{icate verifres only lhe irlentily of the indivirlualwho signed the dccurnenï lc ç¡hich this certificata is ðttached, and not the llulÞfulness, äc(urãcy, er validity af lhat clsc¡jment' State of Californie
Cou*ty cf
personally apPeared --- -
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I cêrtify under PENALTY ûË FERJURY un<ler the
lalvs of the State of Califarnia thât the foreg*ing
pârÐgrapil is true ônd çÕrrâct.
wlTNESg rny hand arrcl official seel
Signature

OFTIONAL
{]on:p/efing tt"tis inìÒrfr1Õtion cofl </efer alte¡OflOft Af llle dOcUment ar frçudubnf reotfocf,rnÊnf of this farm lo Ûfl Íninieftded dtcafiëfiî Ðescríption of Attached Document ^ t
îirte or't')¡pe or oo*nreni ry* çlr fuL*r.¿
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Fù¡mberof Pages: - Þocumer:tDate
3igner{s} f}ther Than NameÉ Above:

Capacitylieai Clalmed by Sígner{s}
Siçner"s f.lame: .-.-
11 Corporate 0fficer * Titleis):
{.-t lì¡tlîner - E Limited il General
Signer's Name:

Cl CÕrporôte Cfficer - f¡tfetsl:
n frãrtnÊr- c Limiled Ë çenårål
l.l lndividual
n Tr*stÊe
r.: Other: - ,.
il Attârney in F.tct
ii 6u*rdian or Conseruator
n lndivicluaï
ü TrusteÊ
n Attotney in Façt
Ð Sua*dian or Corrse¡vator
û other
Srgner is RÈÞrêsenting:
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Signer is RepresÊfttirrg; " ---'.---- -

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CËNTI FICATE Of ACCEPTAñICE
A Notcry Puþlic or ather offtcercompleting this cerlificqle vedfies only the ideritity of ihe individuql who signed the documenl to which this cerfificafe is ottoched. cnd nol the kuthfulness, crccurscy. or volidity of fhat document.

Tlrís is to cerfify thot the inTerest in the strip of recl property conveyed by the GRÁNT OF EASEMENT dsted lilove¡n bcr .8.- , 202.L, Trorn City of Yorbc Lind<¡ to Yorbc Lindo Wafer Ðiskici, c¡ public corporalion qnd/or gCIvernmentol ogency f "€f.gnl5g"|, is hereby occepted ss outhorized by Section 3T0a0 of the Csliforni<¡ Wcfer Code and Grcntee consents to recordc¡lion thereof by its duly oulharized officer.

Approved os to Form:

KIDMAN GAGEN LAW, LLP
Ge ounsef for Gronlee
Dote

YORBA LINDA WATER DISTRICT
{"Grontee"}
Genercl Monoger
t t ,/*,/¿oZJ
Dste

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A notory public or ciher officer complellng¡ 'lhis cerlificele verifíes only the icientfy of the individusiwho signed lhe document to whìch this certiticate is allcehed, a1nd nül the l¡uihfuln€$s, sccurocy, sr vslidi}y oi thsl docurnenl STATE TF CÂLIT*RI"}}Å
' COUNTY OF *--.7CíArll¿ _ )
,Jt Vtrrt, l- ri i r
, a Nolary
Public, persûnclly sÞpesred *--,!,:.-tg::.!l!:-:-'7:{. -- wno proved io me on lhe bosis cf soli$ftÇltry evidence io be lhe persen vçhose ilsrne í-t subscrit]Êcl to lhe wifhin ínslrumenl ünd cckntwledged lo me thol@ishe executed the sûme in @her oufhorized capocity. and thot byS$ìher signolureJrlon lhe instrument lhe persãn. or the èntity upon behülf of wnich"fhe persÕn a'ctad. executerJ tne insirument.
ì ceitify under PENÁLTY OF FERJURY under lhe lows of the Stote of Cslifornia thot ihe foregoing parcgraph is true snd conecl.

WITNESS nd ond olficiql
vlvl¡i4 Llå4
Hûiãr-v Puàli¿ ' €¡lifar¡l¿
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SïATE OË CÂLIFORNIA
COLJ¡.lTY üF
Cn 2t_. , before me,
Puhiic" personcliy Õppetred
whc preveci to rne o* the bqsis of sotrisfcctory evidence ta be ihe persen whose ncrrne is ;uoscriþed lçr the within instrumenf and ocknowledged fo me thoi helshe execuled the sorne in hisiher quThori¿ed ccpocily, ond thct by his/her sígncfure{s} cn the inslrumên1 the person, or the entity upon behslf of which fhe perscn ocled, executed lhe instrument.

I ce*ify under PENALIY OF PERJURY under the laws of lhe Sfqte af Californic thoi the foregoing poragraph is true ond conect.

WITNES$ rny hÕnd Õnd éff¡ciclsefil,
Sþnolur*
-,
a Notory

EXHIBIT D: E-5 ENCROACHMENT POLICY

POLICY: ENCROACHMENTS AND USES WITHIN CITY EASEMENTS
Number: E-5 Issue Number:

Page: 1 Date Adopted:

Replaces:
4 October 17, 2023
June 2, 2020

C I T Y C O U N C I L P O L I C I E S
I. PURPOSE
To establish City guidelines and procedures for issuing permits for encroachments within City easements; to establish guidelines by which permits for encroachments within City easements may or may not be considered; and to identify the difference between a request for an encroachment permit as compared to a request for a vacation of a City easement. Encroachments include development, construction on, or use of City easements and public right-of-way.

II. BACKGROUND
The City holds easement rights over properties citywide for various defined uses. Where easements have been granted to the City, the fee title to the property is owned by the underlying property owner. However, the rights of the property owner are subject to the rights that the City possesses pursuant to the City’s easement.

There are five typical types of easements held by the City:
1) Right-of-way easements are typically for street purposes that allow for utilities and transportation purposes, such as a roadways, trails, sidewalks, and pedestrian paths.
2) Access easements allow the City to ingress and egress through private property to service, maintain, or monitor a City facility within or beyond the property. 3) Underground structure/utility easements are typically located over a City-owned buried structure or utility (i.e., a storm drain or other City-owned infrastructure), and generally restrict the type of use on the land above the infrastructure to protect it from damage and to allow access should the infrastructure need to be excavated and repaired.
4) Drainage easements allow for the conveyance of storm-water runoff over the encumbered property and restrict the type of use and improvements on the land to ensure proper conveyance of the established drainage. 5) Maintenance easements restrict the use of the land within the easement area and allow the City control of the land surface. The City uses maintenance easements throughout the City to maintain landscape areas and trails for public benefit and enjoyment.

The City frequently receives requests from property owners to allow for specific uses or construction within the limits of City easements. For requests that primarily seek private use of a City easement, such requests more appropriately should be processed as a vacation of the City’s easement to reflect the private nature of the proposed use.

Therefore, this policy distinguishes between those requests that are appropriately

POLICY: ENCROACHMENTS AND USES WITHIN CITY EASEMENTS
Number: E-5 Issue Number:

Page: 2 Date Adopted:

Replaces:
4 October 17, 2023
June 2, 2020

C I T Y C O U N C I L P O L I C I E S
encroachment permits and those requests that should be processed as easement vacations. Access, underground structure/utility, and drainage or other similar related easements should not be vacated due to public safety reasons.

III. POLICY
The City, in accordance with California and federal law, has property rights as an easement holder. Property owners and easement holders shall retain all rights granted to each under the law. The intent of this policy is to clarify basic requirements to be implemented in regard to encroachments within City easements to ensure proper safety and protection of the public, public property, and public infrastructure. The City will apply the following restrictions and exceptions to the use of land within City easements.

As the owner of the City easements, the City will apply the following restrictions and exceptions to the use of land within City easements. Because there is an element of public safety to some easements, any existing unauthorized encroachments into access, drainage, or underground structure/utility easements (or similar public safety related easements) that interfere with the proper use of the easement shall be removed within 30 days of receiving written notice by the City unless specifically authorized in this Policy.

Existing unauthorized encroachments within access, drainage, or underground structure/utility easements (or similar public safety related easements) may remain only by City Council approval, or as noted herein by City Manager or designee on an individual case-by-case basis.

Right of Way Easements: Obstruction of right of way easements is prohibited. Private improvements are not permitted within right of way easements that inhibit the use of utilities, trails, sidewalks, pathways, and roadways. At the discretion of the City Engineer, the City may permit an exception to allow private landscaping and minor hardscapes within parkways. Private landscaping and improvements are not permitted in landscaped areas that are maintained by the City.

Access Easements: Obstruction of access easements is prohibited. Stored vehicles or materials shall not be placed within an access easement area. Trees or other objects are not permitted to interfere with the free and clear access within the easement limits.

At the discretion of the City Engineer, the City may permit an exception to allow a gate across the access easement. However, any permitted gate must remain unlocked by the permittee at all times or locked with a City-owned padlock. No electronic operated gates will be allowed.

Drainage Easements: Obstruction of drainage easements is prohibited. Trees, walls, structures, and intrusive hardscape are prohibited within the easement area. The easement area may not be used for storage. At the discretion of the City Engineer, the City may permit an exception to allow a gate or fence perpendicularly across the drainage

POLICY: ENCROACHMENTS AND USES WITHIN CITY EASEMENTS
Number: E-5 Issue Number:

Page: 3 Date Adopted:

Replaces:
4 October 17, 2023
June 2, 2020

C I T Y C O U N C I L P O L I C I E S
easement. However, any permitted gate must remain unlocked by the permittee at all times or locked with a City-owned padlock and allow for the proper conveyance of stormwater runoff.

Underground Structure/Utility Easements: Trees, walls, structures, and intrusive hardscape are prohibited within the easement area. At the discretion of the City Engineer, the City may permit gates to be constructed perpendicularly across to the easement. Any accessory items or uses within the easement must be easily moveable, as determined by the City Engineer. The easement area may be used for storage, but items must be removed immediately upon City request to allow access to the underground infrastructure.

The City will not be responsible for reconstruction or repair of private improvements constructed within the easement area.

Maintenance Easements: Encroachments, including privately owned, fixed or permanent structures, into the easement area are prohibited unless specifically allowed as outlined in the sections below.

IV. PROCEDURES
Requests for authorization to encroach within the limits of City easements may be issued under the following guidelines:

A. Temporary Encroachment
The City Manager or his designee may issue an encroachment permit with conditions for the construction of temporary improvements that encroach onto City easements. The term of the encroachment permit issued under this policy may not exceed one (1) year. Such improvements shall be able to be removed quickly and easily within ten (10) calendar days of notice to remove such items from the City. Encroachment permits for temporary improvements may be renewed for up to five one-year periods at the discretion of the City Manager or his designee. The following conditions apply to Encroachment Permits for temporary improvements:
• Proposed temporary improvements shall not alter the nature or design of a City maintained easement area, which is visible to passersby and which will change the intent and/or design of the community as it was originally approved by the Planning Commission and/or the City Council.
• Proposed temporary improvements must meet the requirements of the current Yorba Linda Municipal Code and Building and Safety Codes and may require the issuance of a building permit. Proposed temporary improvements shall not violate any land use regulations or be detrimental to the City’s property interest.

POLICY: ENCROACHMENTS AND USES WITHIN CITY EASEMENTS
Number: E-5 Issue Number:

Page: 4 Date Adopted:

Replaces:
4 October 17, 2023
June 2, 2020

C I T Y C O U N C I L P O L I C I E S
• The design, placement, and construction of any temporary improvement is subject to the approval of the City Manager or his designee. The City may revoke a permit if, in the judgment of the City Manager or his designee, such revocation is in the public interest. Any decision to revoke an encroachment permit may be appealed to the City Council following the appeal process as outlined in the Yorba Linda Municipal Code Article IX of the Zoning Ordinance.

Written notice of the appeal for an encroachment permit is required within 10 calendar days of notice of revocation.

B. Permanent Encroachment
Fixed, permanent structures or permanent improvements encroaching upon City easements are not allowed, except in those instances where there is “no significant impact” on the City easement involved, and/or where it is not practical to formally vacate such easement. The term “no significant impact” means an encroachment of one foot (1') or less onto a City easement, and which does not deprive the public from the normal use and enjoyment of the remaining easement or adversely impact the purpose of the easement. For example, if a property owner accidentally builds a wall/fence that encroaches a few inches onto the City easement, it may be considered to be within a tolerable level where no Planning Commission or City Council action is required.

Requests for permanent improvements that exceeds these standards (i.e. one foot) shall be deemed a request for a vacation of the easement and shall be subject to the vacation hearing process. However, due to their public safety connection, access, underground structure/Utility, and drainage easements or similar safety related easements should not be vacated. Requests for encroachments onto access, underground structure/Utility, and drainage easements or other similar safety related easements for privately owned, fixed or permanent structure will either require (a) a City Council determination/finding, or (b) City Manager or designee determination/finding, that the proposed permanent improvements will not adversely impact the City’s easement or general public safety and the property owner may be required to execute a Declaration of Restrictive Covenants (DORC) or Encroachment Agreement.

An Encroachment Agreement applies to permanent encroachments within public right-of-way. Declaration of Restrictive Covenant applies to permanent encroachments over City easements.

A City Council determination/ finding is required for more significant encroachments into public easements (i.e. retaining walls or structures, deep foundations protruding within easement greater than one and a half (1.5’) feet from existing ground). City Council approval is also required if subsequent processes of approval are required (i.e. Planning Commission’s 65402 finding).

POLICY: ENCROACHMENTS AND USES WITHIN CITY EASEMENTS
Number: E-5 Issue Number:

Page: 5 Date Adopted:

Replaces:
4 October 17, 2023
June 2, 2020

C I T Y C O U N C I L P O L I C I E S
• The easement area encompassed by the fence will be vacated by the City, at the City’s expense, including landscape and irrigation modifications. If the underlying property owner does not want the encompassed area to be vacated, the fence shall be relocated outside the City’s easement area by the property owner within thirty (30) calendar days of receiving such notice. • Any unpermitted accessory structures or improvements in the prior easement area shall require a Design Review through the Planning Commission.

Existing unauthorized encroachments without permits will be allowed to remain subject to the following:
• The easement area encompassed by the fence will be vacated by the City, with all costs of the vacation process, including landscape and irrigation modification, being borne by the property owner. If the underlying property owner does not want to vacate the encompassed easement area, the unauthorized encroachment shall be removed within thirty (30) calendar days of receiving a notice from the City.
• Any unpermitted accessory structures or improvements in the prior easement area shall require a Design Review approval through the Planning Commission.
• Compliance with the "General Fence Relocation Guidelines".

Each case will be evaluated individually, and the City Manager or his designee shall take into account unique circumstances when applying this Policy. At the discretion of the City Manager or his designee, the property owner may be required to execute a Declaration of Restrictive Covenants for the prior easement area.

C. Encroachments Requiring Vacation of City Easement
Existing Fence Encroachments on City Maintenance Easements Existing fences encroaching into City landscape easements that were authorized pursuant to a City encroachment permit and were constructed prior to July 15, 2003, will be allowed to remain subject to the following:

The City Manager or designee may approve minor permanent encroachments without City Council approval (i.e. fencing, building or roof overhangs aerially, landscaping, hardscaping, movable furniture, sheds, etc).

POLICY: ENCROACHMENTS AND USES WITHIN CITY EASEMENTS
Number:

Page:

E-5 Issue Number:

Date Adopted:

Replaces:
4 October 17, 2023
June 2, 2020
• Adjacent and/or affected neighboring properties shall be notified of the request prior to the Planning Commission review. The easement area encompassed by the fence will be vacated by the City, with all costs of the vacation process, including landscape and irrigation modifications shall be borne by the property owner.
• The proposed fence shall be installed at a distance from the top of slope equal to any adjacent existing fence or as approved by the Planning Commission.

However, unless there is a consistent fence line either adjacent to the property or along a majority of the slope, the City would not grant encroachments greater than 18 feet from the top of slope.
• The establishment and maintenance of the fence and landscaping within the fenced area shall be consistent with the “General Fence Relocation Guidelines” as determined by the Planning Commission.

D. Other Implementation Procedures
The City Manager or his designee may develop any other rules, regulations, or procedures that may be necessary for the effective implementation of this policy.

Such regulations and procedures may incorporate (but are not limited to) provisions relating to insurance, indemnification, maintenance, notice, permit form, appeal process, etc.

E. Appeal Process
Any decision related to the land use within a City easement may be appealed in writing to the City. Public Works staff shall review the proposed appeal and forward the request for encroachment authorization to the City Manager. The final determination for encroachment authorization may ultimately be made by the City Council.
• Upon approval by the Planning Commission as part of a Design Review process including any proposed accessory structures or improvements in the easement area. Each case will be evaluated individually, and the Planning Commission shall take into account unique circumstances when applying this Policy. At the discretion of the Planning Commission, the property owner may be required to execute a Declaration of Restrictive Covenants (DORC) for the prior easement area.
6 Proposed New Fence Encroachments on City Maintenance Easements Proposed fence encroachments into City maintenance easements may be allowed subject to the following:

POLICY: ENCROACHMENTS AND USES WITHIN CITY EASEMENTS
Number: Issue Number:

Page: Date Adopted:

Replaces:
4 October 17, 2023
June 2, 2020

C I T Y C O U N C I L P O L I C I E S

GENERAL FENCE RELOCATION GUIDELINES

1. Each homeowner will be responsible for their own fencing costs and any other costs associated with fence relocation, including any damage to plants or sprinklers resulting from the fence relocation, and all costs incurred in the easement vacation process.

2. The homeowner may need to obtain a permit for the fence from the City of Yorba Linda Building Department.

3. All fence irrigation and landscape plans are subject to Planning Commission review and approval.

4. The fence shall be painted Hunter Green and remain maintained in good condition with minimal fading, rust, or corrosion visible from the street below at any time.

5. The irrigation system within the easement vacation area shall be installed and maintained by the property owner with a water source connected to the property owner’s water meter.

6. Trees, shrubs, and ground cover planting shall match the adjacent city-maintained trees, shrubs, and ground cover plant pallet.

7. Subject area shall remain at the existing grades prior to the easement vacation and shall not be modified in any way.

8. No new tree(s), shrub(s) or ground cover shall be planted within the subject area unless replacing existing naturally damaged or diseased tree(s) or shrub(s) or ground cover in kind and number.

9. Area shall not be used as an animal kennel or holding area.

10. Maintenance of fences, irrigation systems, trees, shrubs, and ground cover shall match, at a minimum, the standard of care provided by the City for the landscaped area adjacent to the easement vacation area.

11. Fence location shall be parallel to the top of slope at the limit of the easement vacation.

Number:

Page:

E-5
7

EXHIBIT E: DECLARATION OF RESTRICTIVE COVENANTS AGREEMENT

2616/009410-1001
7013531.2 a07/02/24 -1-

RECORDING REQUESTED BY

CITY OF YORBA LINDA
When recorded, return to:

City of Yorba Linda
Engineering Division
4845 Casa Loma Avenue
Yorba Linda, CA 92885

EXEMPT (FREE) RECORDING REQUESTED
UNDER GOVERNMENT CODE 27383
THIS AREA FOR RECORDER’S USE ONLY

DECLARATION OF RESTRICTIVE COVENANTS
(ENCROACHMENT ON CITY PROPERTY)
THIS DECLARATION OF RESTRICTIVE COVENANTS ("Declaration") is made this _______________________, 2024, by and between CITY OF YORBA LINDA ("CITY"), a public agency, and YORBA LINDA MASONIC TEMPLE ASSN ("DECLARANT"), with reference to the following:

RECITALS
A. The DECLARANT owns real property located at 4845 MAIN STREET, Yorba Linda, California 92886 (APN 323-304-20) ("Subject Property"), as shown in Exhibit “A”, which is more particularly described as follows:

LOTS 54 AND 55 OF THE NEWMARK TRACT, IN THE

CITY OF YORBA LINDA, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK NO. 7,
PAGE(S) 45 AND 46, MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, STATE OF CALIFORNIA.

B. The CITY owns real property located at 4852 OLINDA STREET, Yorba Linda, California 92886 (APN 323-304-05) (“CITY Property”), as shown in Exhibit “A”, which is more particularly described as follows:

LOTS 30 AND 31 OF THE NEWMARK TRACT, IN THE

CITY OF YORBA LINDA, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK NO. 7,
PAGE(S) 45 AND 46, MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, STATE OF CALIFORNIA.

C. The DECLARANT desires to construct approximately 43 linear feet of 6 feet high white vinyl fence (collectively herein referred to as "Improvements") within and along CITY Property (hereinafter referred to as an “Encroachment"), as illustrated in Exhibit "B" attached hereto and incorporated by reference herein.

2616/009410-1001
7013531.2 a07/02/24 -2-
D. CITY conditionally consents to the Encroachment within and along the CITY property as stipulated in this Declaration. DECLARANT is aware that the Improvements will be their responsibility to maintain. DECLARANT will be liable for any costs arising out of or related to the Encroachment. DECLARANT shall not install any other permanent structures within the Encroachment without prior written approval by the CITY.

NOW, THEREFORE, incorporating the above recitals, CITY and DECLARANT hereby declare as follows:

1. Covenant Running with Land. This Declaration constitutes a covenant running with the land, as provided by California Civil Code Section 1468, and shall benefit, burden, and bind the DECLARANT and the CITY. The term “DECLARANT” shall include not only the present DECLARANT, but also the DECLARANT’S heirs, successors, executors, administrators, and assigns.

2. Damages to City Facilities. DECLARANT assumes full responsibility and liability and shall pay for any cost(s) or damage(s) to the City Facilities and appurtenant structures, arising from or related to the construction, existence, removal, and/or use of the Improvements. CITY shall not be responsible for any cost(s) or damage(s) to the City Facilities and appurtenant structures that arise from the Encroachment.

3. Damages to Third Parties. DECLARANT agrees to indemnify, defend and hold harmless CITY and its officers, directors, employees, agents, consultants, and other authorized representatives from any and all liability, claims, demands, damages (whether contract or tort, including personal injury, death, or property damage), costs, and financial loss, including all costs and expenses of litigation or arbitration, which result or are claimed to have resulted directly or indirectly from the Encroachment, including but not limited to the construction, existence and/or use of the Improvements.

4. Notice of Intent to Remove Improvements. DECLARANT shall notify City of its intent to remove any or all Improvement(s) in the Encroachment area at least fourteen days prior to removal.

5. Damages to Improvements. DECLARANT acknowledges that the CITY, its officers, directors, employees, agents, consultants, and other authorized representatives shall not be responsible for any damage(s) to or because of the Improvements which result from CITY's exercise of its rights under the Improvements. DECLARANT waives all known, unknown, and future claims, liabilities, causes of action, and expenses against CITY, its officers, directors, employees, agents, consultants, and other authorized representatives for losses and damages to the Improvements and from any obligation to protect, preserve, repair, or replace the Improvements. The construction, use, protection, repair and replacement of the Improvements shall be entirely the risk and obligation of DECLARANT, even if damage is caused by CITY.

6. Recording of Agreement. This Declaration shall be recorded in the Office of the Recorder of the County of Orange, California, and shall constitute notice to all successors and assigns of the title to the Subject Property of the rights and obligations set forth herein.

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7. Severability. The invalidity or unenforceability of any provision of this Declaration shall in no way affect the validity or enforceability of any provision hereof.

8. Governing Law. This Declaration shall be governed by, and construed in accordance with, the laws of the State of California.

9. Attorneys’ Fees. In the event any action shall be instituted between the DECLARANT and the CITY in connection with this Declaration, the party prevailing in such action shall be entitled to recover from the other party all of its costs of action, including, without limitation, attorneys’ fees and costs as fixed by the court therein. (INTENTIONALLY BLANK)

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DECLARATION OF RESTRICTIVE COVENANTS
(ENCROACHMENT ON CITY PROPERTY)
4845 MAIN STREET

CITY OF YORBA LINDA DECLARANT
By: By: __________________________
Tara Campbell Yorba Linda Masonic Temple Assn.

Mayor
Attest:

By:

Marcia Brown
City Clerk
Approved as to Form:

Rutan & Tucker LLP
By:

Todd Litfin
City Attorney

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EXHIBIT A

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EXHIBIT B

ADMINISTRATION DEPARTMENT
DATE: JULY 16, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MARK PULONE, CITY MANAGER
PREPARED BY: GEOFF SPENCER, PRINCIPAL MANAGEMENT

ANALYST
SUBJECT: AGREEMENT EXTENSION WITH HF&H CONSULTANTS FOR
PROFESSIONAL SERVICES RELATED TO SB 1383 IMPLEMENTATION

AND CONTRACT MANAGEMENT

RECOMMENDATION
It is recommended that the City Council authorize the City Manager to sign Amendment No. 1 to the Agreement for Professional Services related to SB 1383 implementation services, extending the agreement with HF&H Consultants to June 30, 2026, and increasing the total contract sum to $155,500.

BACKGROUND
On June 7, 2022, the City Council adopted Resolution No. 2022-5803 approving the Third Amendment to the Agreement for Solid Waste Handling Services between the City of Yorba Linda and Republic Waste Services of Southern California, LLC as it relates to Senate Bill 1383 (SB 1383).

An amendment to the Franchise Agreement with Republic was necessary to add additional services and requirements due to the City’s state-mandated obligation to implement organic waste collection and related services pursuant to SB 1383. The Bill requires all jurisdictions in California to divert organic waste from landfill disposal by implementing organic waste collection services, an edible food recovery program, new public education and outreach programs, recordkeeping and reporting, procurement of recyclable materials, and inspecting and enforcing noncompliant locations. The program for Yorba Linda went into effect July 1, 2022.

The City utilized the services of HF&H Consultants, LLC (HF&H) to assist staff with negotiating the terms for the amendment to the Franchise Agreement with Republic Services that included the continuation of existing programs as well as the implementation of the new required organic waste collection services and related programs. Furthermore, HF&H performed a financial review of Republic Services’ revenues, expenses, and cost allocations to determine that the agreed upon terms provided for reasonable rates for residents.

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On August 2, 2022, the City Council authorized the City Manager to sign the Agreement for Professional Services with HF&H Consultants to help lead the implementation of the City’s SB 1383 programs and provide ongoing contract monitoring support. That agreement is currently set to expire on August 1, 2024, but can be extended if the ongoing implementation activities of SB 1383 are not complete.

DISCUSSION
As part of the State’s mandated organics recycling program, the City is responsible for new and enhanced programmatic activities such as food recovery, monitoring, enforcement, reporting, and education. While the City’s adoption of required SB 1383 programs is substantially complete, HF&H’s services are still required until all tasks are fully implemented. Additionally, HF&H has been providing contract monitoring service tracking deliverables from Republic Services as well as supporting rate increase requests, the capacity planning survey, CalRecycle site visits, and more. With HF&H’s history and experience in the waste management consulting industry, along with their familiarity with Yorba Linda’s waste recycling management program(s), HF&H has been integral in helping to ensure the City is in compliance with the mandates of SB 1383. In summary, HF&H will assist with the following tasks as needed:
 Reviewing Republic’s performance as it relates to executing SB 1383 tasks including, attending meetings with City staff and Republic to discuss Republic’s progress implementing SB 1383 programs.
 Review the reported results of commercial/multi-family and the single-family recycling programs based on hauler reports.
 Assist with review of additional outreach materials to ensure compliance with the SB 1383 outreach requirements.
 Implement reporting forms for use by the hauler to ensure the City receives the required report data in a timely manner and in a format that is adequate for compliance.
 Assist the City in reviewing and providing comments on Republic’s initial draft of the City’s Electronic Annual Report (EAR) for submittal to CalRecycle.  Helping the City set up its SB 1383 Implementation Record, a record keeping mechanism required by state law.
 HF&H is also available to assist by responding to questions from CalRecycle, and preparing for, and participating in the annual conference calls and meetings with CalRecycle.
 Provide the City with contract monitoring support, such as reviewing annual rate adjustments, quarterly reports, education pieces, etc.

FISCAL IMPACT
Amendment No. 1 will update the not-to-exceed amount from $80,500 to $155,500.00. The $75,000 difference has already been programmed into the SB 1383 Local Assistance Grant

AGREEMENT EXTENSION WITH HF&H CONSULTANTS FOR PROFESSIONAL SERVICES RELATED TO SB 1383 COMPLIANCE ACTIVITIES
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project (MS241003: Cal-Recycle Grant #2) and into account no. 1010300-431950. These expenses are also reimbursed through the Administration Reimbursement obligation that Republic Services pays the City annually.

ALTERNATIVES
Do not authorize the City Manager to sign Amendment No. 1 to the Agreement for Professional Services related to SB 1383 compliance and monitoring assistance and instead provide further direction.

ATTACHMENTS

1.) Professional Services Agreement with HF&H dated August 2, 2022

2.) HF&H Professional Services Agreement Amendment No. 1

3.) Exhibit A2 – Supplemental Scope of Services

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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into as of August 2, 2022, by and between the CITY OF YORBA LINDA, a municipal organization organized under the laws of the State of California (“City”), and HF&H Consultants, LLC (a California Limited Liability Company) (“Consultant”).

NOW THEREFORE, the parties hereto agree as follows:

SECTION ONE: SERVICES OF CONSULTANT
One.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to the SB 1383 implementation monitoring, as specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference (the “services” or “work”). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services.

One.2 Changes and Additions to Scope of Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such work shall be undertaken unless a written order is first given by City to Consultant, incorporating therein any adjustment in (i) the Schedule of Compensation, and/or (ii) the Schedule of Performance, which adjustments are subject to the written approval of the Consultant. It is expressly understood by Consultant that the provisions of this Section 1.2 shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates, and that Consultant shall not be entitled to additional compensation therefore.

One.3 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the nature and factual context of the work and fully acquainted itself with the conditions pertaining to it, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.

Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, and such latent or unknown condition affects Consultant's ability to perform the Work for the Contract Sum (as defined in Section 2.1 below) Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof).

One.4 Standard of Performance. Consultant agrees that all services shall be performed in a competent, professional, and satisfactory manner in accordance with the standards prevalent in the industry, and that all goods, materials, equipment or personal property included within the services herein shall be of good quality, fit for the purpose intended.

ATTACHMENT A

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One.5 Performance to Satisfaction of City. Consultant shall perform all work and tasks comprising the Services to the satisfaction of City within the time specified. If City reasonably determines that any portion of the services is not satisfactory, City shall have the right to take appropriate action, including but not limited to: (a) meeting with Consultant to review the quality of the work and resolve matters of concern; (b) requiring Consultant to repeat unsatisfactory work at no additional charge until they are satisfactory; (c) suspending the delivery of work to Consultant for an indefinite time; (d) withholding payment; and (e) terminating this Agreement as hereinafter set forth.

One.6 Prohibition Against Subcontracting or Assignment. Consultant shall not contract with any entity to perform in whole or in part the work and services required of Consultant herein without the prior express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of the City. Any such prohibited assignment or transfer shall be void.

SECTION TWO: COMPENSATION
Two.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit “A” (the “Scope of Services”) in a total amount not to exceed Eighty Thousand Five Hundred Dollars ($80,500) (the “Contract Sum”), except as provided in Section 1.2. This total Contract Sum is comprised of a base amount of Seventy Thousand Dollars ($70,000) per the Consultant’s proposal in Exhibit “A” plus a 15% contingency of Ten Thousand Five Hundred Dollars ($10,500) to be utilized solely at the discretion of the City in accordance with Section 1.2. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement at Consultant's actual cost, without additional overhead or services charge, for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation.

Two.2 Method of Payment. Unless otherwise provided in the Schedule of Compensation, Consultant shall submit to City no later than the tenth (10th) working day of each month, in the form approved by City, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than forty-five (45) days after invoices are received by the City.

SECTION THREE: PERFORMANCE SCHEDULE
Three.1 Time of Essence. Time is of the essence in the performance of this Agreement.

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Three.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit “A” (the “Scope of Services”). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer.

Three.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement.

Three.4 Term. The term of this agreement shall commence on August 2, 2022 and terminate on August 1, 2024 (initial term). This agreement may be extended upon mutual agreement by both parties (extended term). Unless earlier terminated in accordance with Sections

7.11 or 7.12 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance.

SECTION FOUR: COORDINATION OF WORK
Four.1 Representative of Consultant. Laith Ezzet, Senior Vice President, is hereby designated as the principal representative of the Consultant, authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith.

A substitution of the designated representative must be approved in advance by the City.

Four.2 Contract Officer. The Contract Officer shall be David Christian, Assistant City Manager or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer.

SECTION FIVE: INSURANCE AND INDEMNIFICATION
Five.1 Without limiting Consultant's indemnification obligations, Consultant shall not undertake the services contemplated hereunder until Consultant has obtained all of the insurance required herein from a company or companies acceptable to City, and Consultant shall maintain all such insurance in full force and effect at all times during the term of this License and any extension or renewal thereof. Insurance shall be placed with insurers having a current A.M. Best rating of no less than A-:VII or equivalent or as otherwise approved by City.

Five.2 Consultant shall take out and maintain the following insurance:

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Five.2.1. Workers' Compensation and Employer's Liability Insurance:

Consultant shall cover or insure as required by applicable laws relating to workers’ compensation insurance all of its employees performing the services contemplated hereunder, in accordance with the “Workers' Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any Acts amendatory thereof. Consultant shall provide worker's compensation insurance and employer's liability insurance with limits not less than One Million Dollars ($1,000,000) each occurrence, One Million Dollars ($1,000,000) disease policy limit, and One Million Dollars ($1,000,000) disease each employee. Such policy of workers compensation insurance shall contain the following separate endorsements:
(a) “Insurer waives all rights of subrogation against the City of Yorba Linda, its officers, directors, employees, representatives and volunteers.” (b) “This insurance policy shall not be suspended, voided, reduced in coverage or in limits, cancelled, limited, non-renewed or materially changed for any reason by the insurer until thirty (30) days after receipt by the City of Yorba Linda of a written notice of such cancellation, limitation or reduction of coverage.” Five.2.2. Commercial General Liability Insurance providing coverage in the following minimum limits:
(a) Combined single limit of One Million Dollars ($1,000,000) per occurrence for Bodily Injury, Personal Injury or Death and Property. (b) Damage Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage (occurrence Form CG 0001). (c) If Commercial General Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the project/location (with the ISO CG 2503 or ISO CG 2504, or insurer's equivalent endorsement provided to City), or the general aggregate limit shall be twice the required occurrence limit.

Five.2.3. Comprehensive Automobile Liability Insurance, including owned, non-owned, leased, hired, and borrowed automobiles and similar vehicles, providing the following minimum limits:
(a) Combined single limit of One Million Dollars ($1,000,000) per occurrence for Bodily Injury or Death and Property Damage. (b) Coverage shall be at least as broad as Insurance Services Office (ISO) Business and Auto Coverage (Form CA 0001) covering any auto.

Five.2.4. Professional Liability: Consultant shall provide coverage appropriate to the Consultant's profession covering Consultant's wrongful acts, negligent actions, errors or omissions. The retroactive date (if any) is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the contract work. Consultant shall purchase a one-year extended

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reporting period i) if the retroactive date is advanced past the effective date of this Agreement; ii) if the policy is canceled or not renewed; or iii) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. The limits shall be no less than $1,000,000 per claim and annual aggregate.

Five.3 Endorsements: The policies of liability insurance provided for in Paragraphs 5.2.2 through 5.2.4 shall specify that this specific Agreement is insured and that coverage for injury to participants resulting from Consultant's activities is not excluded, and shall be in a form satisfactory to City and contain the following separate endorsements:
(a) “The City of Yorba Linda, its officers, directors, employees, representatives and volunteers, are declared to be additional insureds on all of the above policies with respects to the operations and activities of the named insured at or from the premises of the City of Yorba Linda. The coverage shall contain no special limitations on the scope of protection afforded to the City of Yorba Linda, its officers, directors, employees, representatives and volunteers.”
(b) “This insurance policy shall not be suspended, voided, reduced in coverage or in limits, canceled, limited, non-renewed, or materially changed for any reason until thirty (30) days after receipt by the City of Yorba Linda of a written notice of such cancellation, limitation or reduction of coverage.”
(c) “This insurance policy is primary insurance and no insurance held or owned by the designated additional insureds shall be called upon or looked to cover a loss under said policy; the City of Yorba Linda shall not be liable for the payment of premiums or assessments on this policy.”
(d) “Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Yorba Linda, its officers, directors, employees, representatives, or volunteers.” (e) “This insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.” Five.4 Evidence of Coverage: Consultant shall at the time of the execution of the Agreement present to City the original policies of insurance required by this Section 5 or a certificate of the insurance, with separate endorsements (Insurance Services Office Form CG 2026, or equivalent), showing the issuance of such insurance and the additional insured and other provisions and endorsements required herein and copies of all endorsements signed by the insurer's representative. All policies shall contain the Consultant's name and location of the Premises on the certificate. At least thirty (30) days prior to the expiration of any such policy, a signed complete certificate of insurance, with all endorsements provided herein, showing that such insurance coverage has been renewed or extended, shall be filed with City. Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

Five.5 Review of Coverage: City shall have the right at any time to review the coverage, form, and limits of insurance required under this Agreement. If, in the sole and absolute discretion

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of City, the insurance provisions in this Agreement do not provide adequate protection for City, City shall have the right to require Consultant to obtain insurance sufficient in coverage, form and limits to provide adequate protection and Consultant shall promptly comply with any such requirement. City's requirements shall not be unreasonable, but shall be adequate in the sole opinion of City to protect against the kind and extent of risks which may exist at the time a change of insurance is required, or thereafter.

Five.6 Deductibles: Any and all deductibles must be declared and approved by City prior to execution of this Agreement.

Five.7 Agreement Contingent Upon Coverage: Notwithstanding any other provision of this Agreement, this Agreement shall be null and void at all times when the above-referenced original policies of insurance or Certificate of Insurance or Renewal Certificates or Endorsements are not on file with City.

Five.8 Workers' Compensation Insurance. By his/her signature hereunder, Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing the performance of the work of this Agreement. To the extent required by law, Consultants and subcontractors will keep Workers' Compensation Insurance for their employees in effect during all work covered by this Agreement. In the event Consultant has no employees requiring Consultant to provide Workers' Compensation Insurance, Consultant shall so certify to the City in writing prior to the City's execution of this Agreement. The City shall not be responsible for any claims in law or equity occasioned by failure of the Consultant to comply with this section or with the provisions of law relating to Worker's Compensation.

Five.9 Indemnification. Consultant shall indemnify, defend, and hold City and City's agents, officers, and employees (“City Personnel”) harmless from and against any and all actions, suits, claims, demands, judgments, attorney's fees, costs, damages to persons or property, losses, penalties, obligations, expenses or liabilities (herein "claims" or "liabilities") that may be asserted or claimed by any person or entity arising out of the negligence, recklessness, or willful misconduct of Consultant, its employees, agents, representatives or subcontractors in the performance of any tasks or services for or on behalf of City, whether or not there is concurrent active or passive negligence on the part of City and/or City Personnel, but excluding such claims or liabilities arising from the sole active negligence or willful misconduct of City or City Personnel. In connection therewith:

Five.9.1. Consultant shall defend any action or actions filed in connection with any such claims or liabilities, and shall pay all costs and expenses, including attorney's fees incurred in connection therewith.

Five.9.2. Consultant shall promptly pay any judgment rendered against City or any City Personnel for any such claims or liabilities.

Five.9.3. In the event City and/or any City Personnel is made a party to any action or proceeding filed or prosecuted for any such damages or other claims arising out of or in

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connection with the negligence, recklessness, or willful misconduct of Consultant, Consultant shall pay to City any and all costs and expenses incurred by City or City Personnel in such action or proceeding, together with reasonable attorney's fees and expert witness fees.

SECTION SIX: RECORDS, REPORTS AND INTELLECTUAL PROPERTY.

Six.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require.

Six.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

Six.3 Ownership of Documents and Data. All original drawings, specifications, reports, records, data, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby.

Six.4 Intellectual Property and Proprietary Information.

Six.4.1. Proprietary Information. All proprietary information developed specifically for City by Consultant in connection with, or resulting from, this Agreement, including but not limited to inventions, discoveries, improvements, copyrights, patents, maps, reports, textual material, or software programs, but not including Consultant's underlying materials, software, or know-how, shall be the sole and exclusive property of City, and are confidential and shall not be made available to any person or entity without the prior written approval of City.

Consultant agrees that the compensation to be paid pursuant to this Agreement includes adequate and sufficient compensation for any proprietary information developed in connection with or resulting from the performance of Consultant's services under this Agreement. Consultant further understands and agrees that full disclosure of all proprietary information developed in connection with, or resulting from, the performance of Services by Consultant under this Agreement shall be made to City, and that Consultant shall do all things necessary and proper to perfect and maintain ownership of such proprietary information by City.

Six.4.2. Reproduction Rights. Any and all patents and copyrights that arise from the services or the creation of work in carrying out this Agreement shall be vested in City, and Consultant hereby agrees to relinquish all claims to such copyrights in favor of City.

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Six.4.3. Use of Patented Materials. Consultant shall assume all costs arising from the use of patented or copyrighted materials, including but not limited to equipment, devices, processes, and software programs, used or incorporated in the Services performed by Consultant under this Agreement. Consultant shall indemnify, defend, and save City harmless from any and all suits, actions or proceedings of every nature for or on account of the use of any patented or copyrighted materials.

SECTION SEVEN: RELEASE OF INFORMATION/CONFLICTS OF INTEREST.

Seven.1 Confidentiality. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents, or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.

Seven.2 Release of Confidential Information. Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed hereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

Seven.3 Conflicts of Interest Prohibited. Consultant covenants that neither he/she nor any officer or principal of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or subcontractor.

Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area and further covenants and agrees that Consultant and/or its subcontractors shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area prior to the completion of the work under this Agreement.

Seven.4 Covenant Against Contingent Fee. Consultant covenants that neither it nor any of its officers, employees, agents or representatives employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement. Consultant further covenants that neither it nor any of its officers, employees, agents

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or representatives has paid or agreed to pay any company or person, other than a bona fide employee of Consultant, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this provision, City shall have the right to annul this agreement without liability, or, at its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee.

SECTION EIGHT: LEGAL RELATIONS AND RESPONSIBILITIES.

Eight.1Compliance with Law. Consultant shall keep itself fully informed of all existing and future state and federal laws and all county and city ordinances and regulations which in any manner affect those employed by it or in any way affect the performance of services pursuant to this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances, and regulations and shall be responsible for the compliance of all work and services performed by or on behalf of Consultant.

Eight.2Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement.

Eight.3Covenant Against Discrimination. The Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against, or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement.

Eight.4Independent Contractor. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise, or a joint venturer, or a member of any joint enterprise with Consultant. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Neither Consultant nor any of Consultant's employees shall, at any time, or in any way, be entitled to any sick leave, vacation, retirement, or other fringe benefits from City; and neither Consultant nor any of its employees shall be paid by City time and one-half for working in excess of forty (40) hours in any one week. City is under no obligation to withhold State and Federal tax deductions from Consultant's compensation.

Neither Consultant nor any of Consultant's employees shall have any property right to any position, or any of the rights an employee may have in the event of termination of this Agreement.

Eight.5Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount that may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

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Eight.6California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.

Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

Eight.7Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor.

The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 8.11.

Eight.8Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement.

Eight.9Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver.

City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

Eight.10 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

Eight.11 Termination Prior To Expiration of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 8.12 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon ten (10) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 8.8.

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Eight.12 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.7, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 8.8.

Eight.13 Attorney's Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment.

Eight.14 Safety. The Consultant shall execute and maintain his/her work so as to avoid injury or damage to any person or property. The Consultant shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out his/her work, the Consultant shall at all times exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed, and be in compliance with all applicable federal, state and local statutory and regulatory requirements including California Department of Industrial Relations (Cal/OSHA) regulations; and the U.S. Department of Transportation Omnibus Transportation Employee Testing Act.

Eight.15 Compliance with California Unemployment Insurance Code Section 1088.8. If Consultant is a sole proprietor, then prior to signing the Agreement, Consultant shall provide to City a completed and signed Form W-9, Request for Taxpayer Identification Number and Certification. Consultant understands that pursuant to California Unemployment Insurance Code section 1088.8, City will report the information from Form W-9 to the State of California Employment Development Department, and that the information may be used for the purposes of establishing, modifying, or enforcing child support obligations, including collections, or reported to the Franchise Tax Board for tax enforcement purposes.

Eight.16 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

Eight.17 Unauthorized Use of City's Name. Except as required by law or with the prior written consent of City (which consent may be withheld in city's sole and absolute discretion),

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Consultant shall not use City's name, seal or logo in any marketing materials, magazine, trade paper, newspaper, television or radio production or other similar medium, nor shall Consultant state, imply or in any way represent to any third party that City has endorsed or approved Consultant or any of its services or products.

SECTION NINE: MISCELLANEOUS
Nine.1 Notices. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notices personally delivered or delivered by a document delivery service shall be effective upon receipt.

Notices delivered by mail shall be effective at 5:00 p.m. on the second calendar day following dispatch.

To City: CITY OF YORBA LINDA
Attention: David Christian
4845 Casa Loma Avenue
Yorba Linda, CA 92886
To Consultant: HF&H CONSULTANTS, LLC
Attention: Laith Ezzet
19200 Von Karman Avenue, Suite 360
Irvine, CA 92612
Nine.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement.

Nine.3 Integration; Amendment. This Agreement contains the entire understanding of the parties herein and supersedes any and all other written or oral understandings as to those matters contained herein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered thereby. No amendment, change or modification of this Agreement shall be valid unless in writing, stating that it amends, changes or modifies this Agreement, and signed by all the parties hereto.

Nine.4 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or inability to enforce shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

Nine.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties.

Nine.6 Statutory References. All references in this Agreement to particular statutes, regulations, ordinances, or resolutions of the United States, the State of California, or the County

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of Orange shall be deemed to include the same statute, regulation, ordinance or resolution as hereafter amended or renumbered, or if repealed, to such other provisions as may thereafter govern the same subject.

Nine.7 Special Provisions. Any additional or supplementary provisions or modifications or alterations of this Agreement shall be set forth in Exhibit “D” (“Special Provisions”). In the event of any discrepancy between the provisions of this Agreement and the Special Provisions, Special Provisions shall take precedence and prevail.
[SIGNATURES BEGIN ON NEXT PAGE]

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IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first written above.

CITY:

CITY OF YORBA LINDA
By:

Its: City Manager
CONSULTANT:

HF&H CONSULTANTS, LLC
By:

Name: Laith Ezzet
Title: Senior Vice President
ATTEST:

By:

Marcia Brown, City Clerk

APPROVED AS TO FORM

RUTAN & TUCKER, LLP
By:

City Attorney, City of Yorba Linda

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EXHIBIT A

SCOPE OF SERVICES

INTENTIONALLY LEFT BLANK

Amendment
No. 1

AMENDMENT NO. 1
AMENDMENT NO. 1 TO
HF&H PROFESSIONAL SERVICES AGREEMENT FOR SB 1383 IMPLEMENTATON

ASSISTANCE AND CONTRACT MONITORING
This is Amendment No. 1 (“Amendment No. 1”) to that certain Agreement for Contract Services (“Agreement”) made on August 2, 2022, by and between the City of Yorba Linda (“City”) and HF&H Consultants, LLC (“Consultant”), which this Amendment No. 1 is made and entered into on July 16, 2024, to continue Consultant’s work providing legislative compliance assistance for the City’s SB 1383 implementation program and assisting with contract monitoring as described in Exhibit A.

1. Capitalized terms used but not defined in this Amendment No. 1 shall have the meanings ascribed to them in the Agreement.

2. Section 1.1 “Scope of Services” is amended to provide updated task descriptions of consultant’s ongoing services for the extended term, and is revised to read as follows:

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to SB 1383 implementation assistance and contract monitoring, as specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference (the “services” or “work”). Exhibit A, “Scope of Services” is supplemented to include the supplement attached as Exhibit A-2 hereto. The supplement to the “Scope of Services” is not intended to replace the original Exhibit A to the Agreement, but instead to update the scope of work listed in the original Exhibit A to the Agreement. Consultant warrants that all services will be performed in a competent, professional, and satisfactory manner in accordance with the standards prevalent in the industry for such services

3. Section 2.1 “Contract Sum” is amended to read as follows, increasing the compensation of the Agreement to provide Seventy-Five Thousand Dollars ($75,000) for additional services, increasing the total not-to-exceed Agreement amount to One Hundred Fifty-Five Thousand Five Hundred Dollars ($155,500.00), as delineated in Exhibit A-3, attached hereto:

Two.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit “A” (the “Scope of Services”) in a total amount not to exceed one hundred fifty-five thousand and five hundred dollars ($155,500.00) (the “Contract Sum”), except as provided in Section

1.2. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the

AMENDMENT NO. 1
percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation.

Compensation may include reimbursement at Consultant's actual cost, without additional overhead or services charge, for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation.

4. Section 3.4 “Term” is amended to read as follows, bringing the Agreement into alignment with the fiscal year and the City’s practice of limiting contract terms to no more than five years by adding two additional years to the agreement which will conclude on June 30, 2026, with an optional one-year extension.

3.4 Term. The term of this Agreement shall commence on August 2, 2022, and terminate on June 30, 2026. This agreement may be extended upon mutual agreement by both parties for an additional one (1) year term. Unless earlier terminated in accordance with Section 8.11 or 8.12 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance.

5. All other terms and conditions of the Agreement remain in full force and effect.

6. This Amendment No. 1 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. (Signatures on Following Page)

AMENDMENT NO. 1
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.

CITY: CONSULTANT:

CITY OF YORBA LINDA HF&H CONSULTANTS, LLC
By: By:
________________________ ________________________
MARK A. PULONE Name: Laith Ezzet
CITY MANAGER Title: Senior Vice President
ATTEST:
________________________
Marcia Brown
City Clerk
APPROVED AS TO FORM:

RUTAN & TUCKER LLC
________________________
Todd Litfin
City Attorney

AMENDMENT NO. 1
EXHIBT “A-3”
Contract Compensation Table
Compensation for Original Agreement, and Amendments are listed in the table below for reference and tabulation purposes only.

Amendment No. TERM AMOUNT
(A) Original Agreement
August 2, 2022 – August 1, 2024
(2-Years) $80,500
(A) Amendment NO. 1
July 16, 2024 – June 30, 2026
(2-years with optional 1-year extension) $75,000
Not-to-Exceed Agreement Total
Compensation= $155,500.00

Managing Tomorrow’s Resources Today
2081 Business Center Drive, Suite 265 Robert D. Hilton, Emeritus Irvine, California 92612 John W. Farnkopf, PE
Telephone: (949) 251-8628 Laith B. Ezzet, CMC
Fax: (949) 251-9741 Richard J. Simonson, CMC
www.hfh-consultants.com Marva M. Sheehan, CPA
Robert C. Hilton, CMC
June 20, 2024
Ms. Jamie Lai
Public Works Director
City of Yorba Linda
4845 Casa Loma Avenue
Yorba Linda, California 92886
Re: Proposal to Provide Solid Waste, Recycling, and Organics Consultant Services Dear Ms. Lai:

HF&H Consultants (HF&H) is pleased to submit this proposal to the City of Yorba Linda (City) to provide solid waste, recycling, and organics consultant services. HF&H has a long history of successfully providing these services to jurisdictions throughout California since 1989.

We believe that HF&H brings the following qualifications and benefits to the City:

1. We are an industry recognized thought-leader in environmental strategic planning, goal setting, policy development and program implementation. Clients of HF&H receive innovative and pragmatic solid waste and recycling plans that have been developed with decade’s worth of diverse experience.

Our pioneer role in the zero-waste planning field, assisting communities such as the cities of San Diego, Santa Monica, and Livermore, and the County of San Diego, has provided us with an unmatched menu of services and programs, as well as unrivaled implementation experience. This range of experience allows us to develop both short and long-term goals that meet the specific needs of our clients, while maintaining a realistic understanding of the impacts on client costs and diversion.

2. HF&H is regarded as the industry expert for SB 1383 compliance. In 2019, CalRecycle engaged HF&H to develop a stakeholder input group and create Model SB 1383 Implementation Tools and Guidance.

These model tools were developed to support jurisdictions and other regulated entities across the state with implementing programs and policies to reach compliance with SB 1383 regulations. The model tools include a Model Enforcement Ordinance, Model Procurement Policy, Model Franchise Agreement, and Model Food Recovery Agreement. Our range of experience supporting California jurisdictions with SB 1383 includes, but is not limited to, strategic planning, cost modeling, sole source and competitive procurements, ordinance development, program development, SB 1383 Gap/Performance Analysis, SB 1383 contract and report management, and engagement in the regulatory process.

3. We identify the individual needs of our clients and their communities. At HF&H we partner with key stakeholders, including City Council, City staff, residents, and other applicable community parties to set measurable, achievable goals. The purpose of these goals is to meet the specific needs of the

Managing Tomorrow’s Resources Today
Ms. Jamie Lai
June 20, 2024

community and achieve regulatory compliance while minimizing the financial impact on ratepayers.

Again, our experience has helped us develop a vast array of facilitation methods, including online surveys, webinars, live streams, and council workshops. HF&H staff includes SWANA and CRRA certified zero waste instructors.

4. HF&H does not provide solid waste consulting services to waste haulers. HF&H exclusively provides consulting services to municipalities for the better interest of our clients and to avoid potential conflicts of interest that may arise in firms that attempt to serve public agencies and haulers. We believe this independence is particularly important for objective proposal evaluation and effective negotiations during the procurement of a solid waste services agreement. Additionally, our municipal focus ensures that we are aware of the unique requirements of public officials.

Thank you for the opportunity to provide you with this information. We look forward to an opportunity to continue our partnership with the City. If you have any questions, please contact Haley Kunert at (949) 251-0930 or [email protected].

Very truly yours,

HF&H CONSULTANTS, LLC
Laith Ezzet, CMC Haley Kunert
Senior Vice President Senior Project Manager

City of Yorba Linda Scope of Work and Fee Estimate to Provide Solid Waste Consultant Services June 20, 2024 Page 1 HF&H Consultants, LLC
SECTION 1: SCOPE OF WORK
Task 1: Ongoing Contract Monitoring (Contract Administration Tasks) HF&H will support the City of Yorba Linda with ongoing contract compliance activities such as monitoring key services and compliance dates, reporting requirements, and specific annual SB 1383 program and educational requirements.

For this task, HF&H may assist through the following subtasks as project budget allows:
• Track key contract deadlines and deliverables.
• Attend virtual monthly compliance and contract management meetings with City staff. • Discuss the success and effectiveness of contractor provided programs and services. • Upon request, support the annual rate adjustment review. • Upon request, review public education pieces prepared by contractor. • Upon request, suggest topics for waste and recycling public education pieces. • Upon request, review contractor documents and reports. • Upon request, provide monitoring, data management, and analysis for the consideration and assessment (if applicable) of liquidated damages per the terms of the agreement. • Upon request, draft or review staff memos or other internal documents related to waste and recycling.

This task includes communication with City and contractor staff to consult on City inquiries related to the exclusive franchise agreement with contractor.

Task 2: SB 1383 Legislative Compliance Assistance (Grant Covered Tasks) HF&H will assist with various SB 1383 diversion related inquiries and miscellaneoustasksthat arise from time to time to the extent the project budget supports a request. These tasks will include legislative research, compliance tracking and reporting, and providing general solid waste, recycling, and organics liaison assistance.

For this task, HF&H may assist through one or more of the following subtasks:
• Track solid waste legislation, regulations, SB 1383 resources, guidance, and funding opportunities, CalRecycle policy decisions, and other solid waste, recycling, and organics issues pertinent to the City.
• Provide legislative and regulatory updates and discuss significant items at virtual and/or inperson meetings. • Monitor local solid waste, recycling, and organics industry developments that may impact Yorba Linda, such as the development of composting operations at the Orange County landfills.
• Upon City request, perform an annual review of the City’s Implementation Record to assess compliance and identify performance opportunities.
• Upon City request, provide ongoing training and technical assistance regarding the implementation, monitoring, evaluation, funding, and enforcement of various SB 1383 requirements, programs, and services.

City of Yorba Linda Scope of Work and Fee Estimate to Provide Solid Waste Consultant Services June 20, 2024 Page 2 HF&H Consultants, LLC
• Upon City request, review the City’s current EPPP Policy or Financial Procurement Policy(ies) and identify compliance gaps and strategies for resolution. • Upon City request, review the City’s current CalGreen Construction and Demolition and Model Water Efficiency Landscape Ordinances and internal policies for SB 1383 compliance. • Upon City request, HF&H will review and provide feedback on a final draft of the Electronic Annual Report/SB 1383 compliance report required by 14 CCR 18994.2. • Upon City request, develop and implement report templates to align with SB 1383 reporting requirements.
• Other ongoing SB 1383 activities that may be identified during the course of implementation.

This task will also include communication with the City’s CalRecycle representative to ensure ongoing compliance with state regulations.

Task 3: Other Tasks as Assigned
HF&H is available to assist with other solid waste and recycling contract management or compliance activities that may be identified during the course of the project as budget allows.

City of Yorba Linda Scope of Work and Fee Estimate to Provide Solid Waste Consultant Services June 20, 2024 Page 3 HF&H Consultants, LLC
SECTION 2: FEE PROPOSAL
We will perform the scope of work based on time and materials, up to the limit of the available budget.

We understand the City’s anticipated budget for these services is $75,000. We will bill the City once per month based on the number of hours worked and expenses incurred. Payment is due within 30 days of invoicing. Hourly rates are shown below.

Professional Fees
Hourly rates for professional and administrative personnel through December 31, 2024, are as follows:

Position Rate*
Executive $320 - $350
Senior Project Manager $295 - $315
Project Manager/Senior Associate $215 - $285
Associate Analyst $185 - $200
Assistant Analyst $160 - $180
Administrative Staff $125 - $160
*Hourly rates adjust each January 1 by 4.0%.

Direct Expenses
Standard charges for common direct expenses are as follows:

Automobile Travel Prevailing IRS mileage rate
Airfare and Public Transit Actual Cost
Postage, overnight mail, couriers, and other out-of-pocket costs Actual cost

City of Yorba Linda Scope of Work and Fee Estimate to Provide Solid Waste Consultant Services June 20, 2024 Page 4 HF&H Consultants, LLC
Table 1: Workplan for City of Yorba Linda*
Sr. Vice
President
Sr. Project
Manager
Sr.

Associate Assistant Total Hours

1. Ongoing Contract Monitoring
Task 1 Hours 8 27 36 60 131
Task 1 Fees $ 2,792 $ 7,965 $ 7,740 $ 9,900 $ 28,397

2. Task 2 Hours 6 39 66 108 219
Task 2 Fees $ 2,094 $ 11,505 $ 14,190 $ 17,820 $ 45,609

3. Task 3 Hours - - - - -
Task 3 Fees $ - $ - $ - $ - $ -
Total Hours 14 66 102 168 350
Hourly Rate $ 349 $ 295 $ 215 $ 165
Subtotal $ 4,886 $ 19,470 $ 21,930 $ 27,720 $ 74,006
Expenses $ 994
Total Fees and Expenses $ 75,000
* Hours may be shifted among tasks
Other Tasks As Assigned
Task Description
SB 1383 Legislative Compliance Assistance

PARKS AND RECREATION DEPARTMENT
DATE: JULY 16, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE KUDRON, DIRECTOR OF PARKS AND RECREATION
SUBJECT: BUDGET APPROPRIATION FOR PARK IMPROVEMENTS

RECOMMENDATION
It is recommended that the City Council appropriate $75,000 from account 4021999-491010 (Park In-Lieu Fund) and transfer to Parks Division account 1010460-432650 to facilitate park improvements.

BACKGROUND
The Parks and Recreation Commission met on Thursday, June 20, 2024. Pickleball at Las Palomas Park was on the agenda in response to complaints from residents and the East Lake Village Community Association advocating for the immediate removal of the pickleball courts. Their main concerns are issues related to parking, safety, noise, decreased property values, and crime. There were approximately 45 people in attendance for the meeting. After a lengthy presentation from staff, there were 21 people that spoke during public comments on the agenda item. Of the speakers, 11 supported pickleball with 10 in opposition.

Following discussion, the Commission voted unanimously to implement the following mitigation measures to help address concerns from residents living near Las Palomas Park and to facilitate orderly use of the pickleball courts.

1. Modify the pickleball hours at Las Palomas to 8:00am – 9:00pm.

2. Install an automated lock on the pickleball gate.

3. Encourage residents to evaluate permit parking options.

4. Install Acousti-Blok (sound absorption panels) at Las Palomas Park.

5. Implement reservation-based programming Monday-Thursday after 4:00pm.

6. Maximize existing pickleball resources at other sites. • Install fencing at Brush Canyon Park and Box Canyon Park. • Establish dedicated evening hours for pickleball at Vista Del Verde Park along with rules and paddle racks to facilitate open social play.

Notification of the new pickleball hours was posted to begin on July 15. Staff is currently researching various options for reservation-based programming and developing potential rules for the Vista Del Verde Park basketball/pickleball courts and other courts with pickleball

BUDGET APPROPRIATION FOR PARK IMPROVEMENTS
P a g e | 2
overlay lines. These will be presented to the Parks and Recreation Commission for consideration at a future meeting.

DISCUSSION
The Parks and Recreation Commission also recommended installation of Acousti-Blok (sound absorption panels) at Las Palomas Park and fencing at Box Canyon Park and Brush Canyon Park to help address resident concerns. The noise from the Las Palomas Park pickleball courts does not appear to be in excess of the noise ordinance and typical park noise is exempt from noise ordinance thresholds. However, pickleball noise can be irritating and installation of Acousti-Blok (sound absorption panels) would assist in reducing the noise.

The estimated cost is $25,000.

Installation of fencing at Box Canyon Park and Brush Canyon Park was also recommended in an effort to improve other pickleball sites in Yorba Linda to spread pickleball players out to several facilities instead of congregating at one primary site. A common complaint from pickleball players is that they do not want to play at Box Canyon or Brush Canyon because they have to chase the ball after every point. The estimated cost is $25,000 at each park.

FISCAL IMPACT
These park improvements were not budgeted as part of the Parks and Recreation Department operating budget. Therefore, staff recommends appropriating $75,000 from account 4021999-491010 (Park In-Lieu Fund) and transferring to Parks Division account 1010460-432650 to facilitate these park improvements.

ALTERNATIVES
Do not approve the budget appropriation and provide direction to staff.

PLANNING COMMISSION | AGENDA ITEM SUMMARY
MEETING DATE | JUNE 26, 2024
Community Development Department
Planning Division
Director
Nate Farnsworth, AICP

4.1 APPROVAL OF JUNE 12, 2024 PLANNING COMMISSION MEETING MINUTES A motion by Commissioner Masterson, Second by Commissioner Behura to approve the minutes as mailed. The motion carried (3-0-2-0) with the following roll call vote:

AYES: Masterson, Behura, Bernstein
NOES: None
ABSENT: Pease, Singh
ABSTAIN: None

7.1 CONDITIONAL USE PERMIT 2023-37 YANG
A motion by Commissioner Masterson, Second by Commissioner Behura to adopt Resolution No. 5597 Conditional Use Permit 2023-37 Yang with the amended conditions from Community Development Director, Farnsworth. The motion carried (3-0-2-0) with the following roll call vote:

AYES: Masterson, Behura, Bernstein
NOES: None
ABSENT: Pease, Singh
ABSTAIN: None

7.2 CONDITIONAL USE PERMIT 2024-11 PATEL
A motion by Commissioner Behura, Second by Commissioner Masterson to adopt Resolution No. 5598 Conditional Use Permit 2024-11 Patel subject to attached conditions of approval.

The motion carried (3-0-2-0) with the following roll call vote:

AYES: Masterson, Behura, Berstein
NOES: None
ABSENT: Pease, Singh
ABSTAIN: None

8.1 SIXTH-MONTH PROGRESS REVIEW OF AMENDED CONDITIONAL USE PERMIT 2023-36

FOUR SEVENTEEN AUTOGROUP

A motion by Commissioner Masterson, Second by Commissioner Behura to finalize the compliance with conditions of approval included in Resolution No. 5575. The motion carried (3-0-2-0) with the following roll call vote:

AYES: Masterson, Behura, Bernstein
NOES: None
ABSENT: Pease, Singh
ABSTAIN: None
Adjournment: The meeting adjourned at 7:40 p.m. to the July 10, 2024, Planning Commission meeting at 6:30 p.m.

PLANNING COMMISSION | AGENDA ITEM SUMMARY
MEETING DATE | JULY 10, 2024
Community Development Department
Planning Division
Director
Nate Farnsworth, AICP

4.1 APPROVAL OF JUNE 26, 2024 PLANNING COMMISSION MEETING MINUTES A motion by Commissioner Masterson, Second by Chair Pro Tem Bernstein to approve the minutes as mailed. The motion carried (4-0-0-1) with the following roll call vote:

AYES: Masterson, Behura, Bernstein, Singh
NOES: None
ABSENT: None
ABSTAIN: Pease

7.1 CONDITIONAL USE PERMIT 2023-35 WU
A motion by Commissioner Behura, Second by Commissioner Pease to continue Conditional Use Permit 2023-35 Wu to a date certain of July 24, 2024 at 6:30 p.m. The motion carried (5-0) with the following roll call vote:

AYES: Masterson, Behura, Bernstein, Pease, Singh
NOES: None
ABSENT: None
ABSTAIN: None

7.2 CONDITIONAL USE PERMIT 2024-22 HAYDEN
A motion by Commissioner Pease, Second by Chair Pro Tem Bernstein to adopt Resolution No. 5599 Conditional Use Permit 2024-22 Hayden with amended conditions of approval. The motion carried (5-0) with the following roll call vote:

AYES: Masterson, Behura, Bernstein, Pease, Singh
NOES: None
ABSENT: None
ABSTAIN: None
Adjournment: The meeting adjourned at 7:16 p.m. to the July 24, 2024, Planning Commission meeting at 6:30 p.m.

CITY CLERK'S OFFICE
DATE: JULY 16, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MARCIA BROWN, CMC, CITY CLERK
SUBJECT: COUNCIL COMMITTEE AND AGENCY REPORTS

RECOMMENDATION
It is recommended that the City Council receive and file this report.

DISCUSSION
City Council members serve on a number of outside committees and agencies. Attached are updates received recently from these agencies.

ATTACHMENTS

1. Reports from City Council Organizations, Agencies and Committees

MONTHLY REPORT:

June
Monthly Year to Date (YTD) County Monthly County YTD

CONTROL
Service Requests Completed: 8 39 248 1,164
Mosquitoes: 5 28 194 894
Rats: 1 5 41 175
RIFA: 2 6 8 76
Number of Swimming Pools Inspected/Treated: 32 192 664 4,737 Hours Spent Treating/Inspecting Gutters 0 0 734.77 992.3 Acres of Flood Channels Treated: 0 0.2 65.233 105.4508
Acres Treated for RIFA: 31 301 2,063 8,789
IT (inspection/treatment) Sites Serviced: 38 274 1,274 7,764

SURVEILLANCE
Adult Mosquitoes Collected: 1,051 1051 29,951 53,900
Mosquito Pools (Samples) Tested: 8 8 467 1,136
WNV Positive Samples: 0 0 0 0
Other Positive Samples 0 0 0 0
WNV Positive Birds: 0 0 0 0

COMMUNICATIONS / OUTREACH
Outreach Events Attended: 0 0 6 31
General Presentations: 0 0 9 25
Educational Program Presentations: 0 0 0 0
Service Requests & Miscellaneous Calls Received 14 69 498 2,375 Fleas, Ticks, and Others Tested: - - - 1,051
Number of Disease Investigations: 0 0 3 14
WNV Investigations: 0 0 0 1
Dengue Investigations: 0 0 2 15
Typhus Investigations: 0 0 1 2
Other Investigations: 0 0 0 0
Undergrounds Storm Systems Treated: 36 78 4,163 9,478
Public Insect ID Completed: - - 81 347

COUNTY WIDE PROJECTS / INFORMATIONAL UPDATE
Yorba Linda

ORANGE COUNTY MOSQUITO AND VECTOR CONTROL DISTRICT

ADMINISTRATION DEPARTMENT
DATE: JULY 16, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: TODD LITFIN, CITY ATTORNEY
PREPARED BY: ALLISON ESTES, ASSISTANT TO THE CITY MANAGER SUBJECT: RESOLUTIONS PERTAINING TO CITYWIDE MEASURE B ELECTION AND

BALLOT MEASURE ON AMENDMENTS TO GENERAL PLAN AND
ZONING REQUIREMENTS FOR CERTAIN SITES IDENTIFIED IN THE 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. 2024-5901, 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 5, 2024.

2. Adopt Resolution No. 2024-5902, setting priorities for filing written arguments regarding one City measure and directing the City Attorney to prepare an impartial analysis.

3. Adopt Resolution No. 2024-5903, providing for the filing of rebuttal arguments for one City measure to be placed on the November 5, 2024 General Municipal Election Ballot.

BACKGROUND
The resolutions contained herein pertain to the General Municipal Election called for November 5, 2024, 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 June 18, 2024.

RESOLUTIONS PERTAINING TO CITYWIDE MEASURE B ELECTION AND BALLOT MEASURE

ON AMENDMENTS TO GENERAL PLAN AND ZONING REQUIREMENTS FOR CERTAIN SITES IDENTIFIED IN THE 2021-2029 HOUSING ELEMENT
P a g e | 2
These approvals included:
 Resolution No. 2024-5898 General Plan Amendment 2023-01 to revise the conditionally-certified City of Yorba Linda Housing Element and approving an Addendum to the Final Program Environmental Impact Report for the City of Yorba Linda 2021-2029 Housing Element Implementation Programs (State Clearinghouse # 2022040574) including General Plan Amendment 2024-01, General Plan Amendment 2024-02, Zoning Code Amendment 2024-01, and Zoning Code Amendment 2024-02 to implement various programs from the Housing Element.  Ordinance No. 2024-1108 amending the text of the Land Use Element of the General Plan (GPA 2024-01) and finding that GPA 2024-01 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. 2024-1109 amending the text of the Land Use Element and amending the Land Use Diagram of the General Plan (GPA 2024-02) and finding that GPA 2024-02 is subject to a vote of the electorate of the City of Yorba Linda under the Yorba Linda Right-to-Vote Initiative.
 Ordinance No. 2024-1110 amending the Zoning Code (ZCA 2024-01) and finding that ZCA 2024-01 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. 2024-1111 amending the Zoning Code (ZCA 2024-02) and finding that ZCA 2024-02 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 is on the July 16, 2024 City Council Meeting agenda for approval.

Ordinance Nos. 2024-1109 and 2024-1111 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. 2024-1109 and 2024-1111 are outlined in the Housing Element with maps and additional information on the sites included as Attachment 1 to this staff report.

On June 4, 2024, the City Council adopted Resolution No. 2024-5891, calling a General Municipal Election and Resolution No. 2024-5892, 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.

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

RESOLUTIONS PERTAINING TO CITYWIDE MEASURE B ELECTION AND BALLOT MEASURE

ON AMENDMENTS TO GENERAL PLAN AND ZONING REQUIREMENTS FOR CERTAIN SITES IDENTIFIED IN THE 2021-2029 HOUSING ELEMENT
P a g e | 3
5, 2024 ballot. If the City Council approves the second reading of the ordinances (mentioned above) subject to a Measure B vote, the signed copies of those ordinances will be attached to Resolution No. 2024-5901. The County Registrar of Voters requires that all these resolutions be submitted to the County by August 9, 2024. The attached resolutions would cause one ballot measure with the following title and question to be submitted to the voters:

Yorba Linda Local Control, Residential Neighborhood, Open Space Protection Measure:
“To maintain local control over land use decisions; protect open space, single-family residential neighborhood character, height limits; limit traffic; shall Yorba Linda retain voter-approved development restrictions, adopt land use plans developed by residents including mixed-use housing, retaining/attracting businesses at Savi Ranch; limiting new housing density in areas including Richfield/Christmas Tree Farm and Buena Vista, vacant land at Fairmont/Quarter Horse Drive; requiring developer fees supporting parks/schools and public oversight?”
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 July 26, 2024, 5:00 p.m. Furthermore, the City Attorney is ordered to prepare an impartial analysis within 10 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 is August 5, 2024, 5:00 p.m.

FISCAL IMPACT
The cost for a single ballot measure, as estimated by the Registrar of Voters, is $8,500 when accompanying a local Council election. Therefore, the total cost estimate for the election is $116,869 - $134,844, depending on the number of ballot measures included. Adequate funding has been included in the FY 2024/25 adopted budget (1010160-424300) to cover these costs.

ALTERNATIVES
The City Council may receive and file this report. If so, a Measure B election pertaining to the Housing Element Implementation Plans would not be conducted at the General Election on November 5, 2024.

RESOLUTIONS PERTAINING TO CITYWIDE MEASURE B ELECTION AND BALLOT MEASURE

ON AMENDMENTS TO GENERAL PLAN AND ZONING REQUIREMENTS FOR CERTAIN SITES IDENTIFIED IN THE 2021-2029 HOUSING ELEMENT
P a g e | 4

ATTACHMENTS

1. Sites Inventory and Maps

2. Resolution No. 2024-5901

3. Resolution No. 2024-5902

4. Resolution No. 2024-5903

ATTACHMENT 1: Table 1 – Housing Rezone Sites
Please visit https://yllocalcontrol.com/zoning-designations-explained/ for detailed explanations of General Plan and Zoning Designations.

Site ID Site Description and
Address
APNs Acres Current
Zoning
Proposed Zoning
Action
Current
General
Plan
Proposed
General
Plan
RM-60 Sites – up to 60 units/acre
S6-015 John Force Racing
22722 Old Canal Road
352-115-08 2.56 PD/Industrial R
& D
PD/Industrial R & D with
RM-60 standards
IM IM
S6-020 Extended Stay America
22711 Oak Crest Circle
352-117-09, -11, -12 10.35 PD/OfficeCommercialPD/Office-Commercial with RM-60 standards
IM IM
S6-025 Bac Tran Savi Ranch Site 352-231-01, -02, -03, -04, -05, - 06, -07, -08, -09, -012, 352-116-
14 23
(8 net
acres)
PD PD with RM-60
standards
IM IM
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 RML RH
S3-082 4791 and 4811 Eureka Ave 343-582-01, -02 1.75 CG RM-20 with AHO AP AP S4-075 4742 Plumosa Drive 323-311-03 1.62 CG RM-20 with AHO AP AP 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 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 RM RM S2-013 Messiah Lutheran Church
4861 Liverpool St
334-292-18 6.2 RU (4.0 du/ac) RU with CLO RMH RMH
S3-024 Friends Church and
Overflow Parking
5091 and 5005 Mountain
View Avenue
343-582-12 17.45
RE (1.8 du/ac)
RE with CLO AP/RM AP/RM
S3-210 Shinnyo-En USA
18021-18111 Bastanchury
Rd
323-171-07, -08, -09 9.23 PD/RA
Standards
Add CLO AP AP

Site ID Site Description and
Address
APNs Acres Current
Zoning
Proposed Zoning
Action
Current
General
Plan
Proposed
General
Plan
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 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 RM RH S4-204B 19081-19111 Yorba Linda
Blvd
323-081-35, -36 3.9 RE (1.8 du/ac) RM-20 RML RH
RM – up to 10 units/acre
S3-207 5300-5392 Richfield Rd 343-591-05, -06, -07,-25 8.83 RU (4.0 du/ac) RM RM RH S3-211 17651 Imperial Highway 323-051-26, -27 2.32 RS (3.0 du/ac) RM RM RH PD (Planned Development)
S5-008 Vacant Parcel off NS of
Fairmont Blvd, east of
Quarter Horse, west of
Forest Ave
326-081-01 9 PD PD (RM standards at 3
du/ac)

RM/OS RM/OS
S3-203 18101-19251 Bastanchury 323-181-04, -05, -06, -07 323-191-06, -07, -39, -46

19.58 PD/RA
Standards
Amend West
Bastanchury PD to PD
with RM standards
AP AP
Please visit https://yllocalcontrol.com/zoning-designations-explained/ for detailed explanations of General Plan and Zoning Designations.

Map 1 Page 319 of 453 – NW Quadrant
Map 2 Page 320 of 453 – SW Quadrant
Map 3 Page 321 of 453 – North-Central
Map 4 – SE Quadrant Page 322 of 453
ATTACHMENT 2
RESOLUTION NO. 2024-5901

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 5, 2024
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 5, 2024; and
WHEREAS, the City has conducted extensive outreach and public engagement efforts, including over fifteen public meetings and workshops, clearly communicating the residents' desire to keep local control over land use policy; and WHEREAS, the City has listened to residents and devised an improved Housing Element that benefits from diverse resident viewpoints and enhances the previous Housing Element, balancing growth while protecting the character of Yorba Linda neighborhoods; and
WHEREAS, the City desires to ensure that land use planning remains a local activity and is not shifted to Sacramento bureaucrats to plan Yorba Linda’s housing future; and
WHEREAS, the November 2024 election is the final opportunity for Yorba Linda voters to consider and adopt a measure that allows the City to implement the Housing Element in compliance with state mandates, or risks losing local control over land use planning; and
WHEREAS, the City has pursued legal efforts to fight for local control, but those efforts have failed in the courts of California; and other cities have also pursued lawsuits against Sacramento housing mandates and have mostly lost, leaving the City with no reasonable legal pathways to fight Sacramento mandates; and WHEREAS, if the City fails to provide an opportunity for residents to approve the Housing Element zoning changes, certain open space areas in the City will become available for nearly unrestricted housing; and
WHEREAS, the City desires to maintain local control over housing projects, including design and zoning and to prevent developers from filing Builder’s Remedy applications that could enable housing developments far exceeding existing zoning limits and bypass significant elements of the City's current zoning and design;

RESOLUTION NO. 2024-5901
PAGE NO. 2
WHEREAS, the City envisions an opportunity to reinvigorate the Savi Ranch area, creating a second downtown experience with new dining and shopping options for residents and new business opportunities for small business owners; and WHEREAS, the City desires to mitigate traffic concerns, rather than leaving the issue to the State who will not consider Yorba Linda traffic patterns; and WHEREAS, the City seeks to protect the single-family neighborhoods of Yorba Linda and prevent mid and high-rise developments from being built near the neighborhoods that define the Yorba Linda lifestyle; and WHEREAS, if the City fails to provide voters the opportunity to consider approving the revised Housing Element zoning, it will threaten the single-family neighborhoods and unique character of Yorba Linda; and
WHEREAS, the City also desires to submit to the voters at the November 5, 2024, General Election a ballot measure; and
WHEREAS, in connection with the City of Yorba Linda’s 2021-2029 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. 2024-1109 which would amend specified provisions of the Land Use Element and Land Use diagram of the City’s General Plan (“General Plan Amendment 2024-02”), and (2) Ordinance No. 2024-1111 which would amend specified provisions of the City’s Zoning Code and Zoning Map (“Zone Change 2024-02”) (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 5, 2024.

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 5, 2024:

RESOLUTION NO. 2024-5901
PAGE NO. 3
To maintain local control over land use decisions; protect open space, single-family residential neighborhood
character, height limits; limit traffic; shall Yorba Linda retain voter-approved development restrictions, adopt land use plans developed by residents including mixed-use housing, retaining/attracting businesses at Savi Ranch; limiting new housing density in areas including Richfield/Christmas Tree Farm and Buena Vista, vacant land at Fairmont/Quarter
Horse Drive; requiring developer fees supporting
parks/schools and public oversight?
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 set forth herein. The City Council directs that the entirety of Ordinance Nos. 2024-1109 and 2024-1111 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 Local Control, Residential Neighborhood, Open Space Protection Measure” 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 16th day of July, 2024. ________________________________

TARA CAMPBELL, MAYOR

CITY OF YORBA LINDA

RESOLUTION NO. 2024-5901
PAGE NO. 4
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 16th day of July, 2024, and was carried by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

RESOLUTION NO. 2024-5901
PAGE NO. 5
Exhibit A
ORDINANCE NO. 2024-1109

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 2024-02) 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 2024-02 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

RESOLUTION NO. 2024-5901
PAGE NO. 6
WHEREAS, between October 2020 and August 2022, 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 conducted numerous public hearings related to the adoption of several General Plan Amendments and Zoning Code Amendments to implement the 2021-2029 Housing Element that was conditionally certified by HCD on April 8, 2022; and WHEREAS, when adopting these General Plan Amendments and Zoning Code Amendments, it was determined that they were 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, which was presented to the electorate of the City as Measure Z as part of the November 2022 General Election; and
WHEREAS, the Orange County Registrar of Voters determined that Measure Z failed to receive the approval of a majority of the electorate of the City, and therefore, General Plan Amendments 2022-01 and 2022-02 and Zoning Code Amendments 2022- 01 and 2022-02 did not become effective; and
WHEREAS, in order to retain its conditional certification of its Housing Element from the HCD, the City is required to present a rezoning plan to the general electorate of the City by the General Election in November 2024, the City has revised its Housing Element and its associated implementation programs; and WHEREAS, since November 2022, the City has prepared a revised draft Housing Element update through a robust public outreach effort of seven public workshops, which attracted nearly 400 residents from a diversity of backgrounds, ethnicities, age groups, political affiliations, geography within the city, housing tenure, and varying perspectives on housing; and
WHEREAS, this revised draft Housing Element was submitted to HCD for consideration and it was determined on February 23, 2024 that the City’s draft Housing Element was found to be in substantial conformance with State housing laws; 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

RESOLUTION NO. 2024-5901
PAGE NO. 7

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 2024-02”), 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, General Plan Amendment 2024-02 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 166 dwelling units to account for Sites S3-082, S3-204, and S4-075; and
WHEREAS, General Plan Amendment 2024-02 would amend the Land Use Element of the General Plan to increase the total residential capacity in the West Bastanchury Area Plan by 194 dwelling units to account for Sites S3-203 and S3-210; and
WHEREAS, General Plan Amendment 2024-02 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 #323-311-03 (Site S4-075), APN #334-101-39, -40 (Site S3-082), APN #323-081-35, -36 (Site S4-204B), APN #323-051-26, -27 (Site S3-211), APN #323-231- 18, -19 (Site S4-200), APN #343-591-05, -06, -07, -25 (Site S3-207); and WHEREAS, General Plan Amendment 2024-02 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 2024-02 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 2024-02”) as part of the consideration of the proposed Housing Element and implementation programs

RESOLUTION NO. 2024-5901
PAGE NO. 8
included therein; and
WHEREAS, General Plan Amendment 2024-02 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 2024-01 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 May 15, 2024, the Planning Commission conducted a public hearing to receive public testimony with respect to General Plan Amendment 2024-02 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 May 15, 2024, which includes, without limitation, the staff reports submitted by the Community Development Department; and
WHEREAS, on May 15, 2024, the Planning Commission, at a regular public meeting, considered and decided to recommend to the City Council the approval of General Plan Amendment 2024-02, 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 2024-02 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, 2024, the City Council conducted a public hearing to receive public testimony with respect to General Plan Amendment 2024-02 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, 2024, 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:

RESOLUTION NO. 2024-5901
PAGE NO. 9

Section 1. On August 2, 2022, the City Council certified a Program Environmental Impact Report (PEIR) for the 2021-2029 Housing Element through Resolution No. 2022-5817. Pursuant to 14 California Code of Regulations, § 15164, an Addendum to the Program Environmental Impact Report for the City of Yorba Linda 2021- 2029 Housing Element Implementation Programs (State Clearinghouse # 2022040574) has been prepared.

The City, serving as the CEQA Lead Agency for the Revised Project (see CEQA Guidelines Sections 15050-15051), determined in its independent judgment that the Revised Project does not meet any of the circumstances from CEQA Guidelines Section 15162 and that an Addendum to the 2022 Certified PEIR is the appropriate CEQA compliance document for the Revised Project. The City’s finding is based on the following facts:
a. As demonstrated in Section 4.0 of the Addendum, the Revised Project would not require major revisions to the previously certified 2022 Certified PEIR because implementation of the Revised Project would neither result in any significant impacts to the physical environment that were not already disclosed in the 2022 Certified PEIR nor result in substantial increases in the severity of the environmental impacts previously disclosed in the 2022 Certified PEIR.
b. Subsequent to the certification of the 2022 Certified PEIR, no substantial changes in the circumstances under which the Revised Project would be undertaken have occurred that would require major revisions to the 2022 Certified PEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
c. There is no evidence in the public record that new information of substantial importance has become available that is applicable to the Revised Project and/or the City (Project site), that was not known and could not have been known with the exercise of reasonable diligence at the time the 2022 Certified PEIR was certified and would alter the conclusions of the 2022 Certified PEIR.

Section 2. The City Council has read and considered the amendments to the General Plan (referred to herein as “General Plan Amendment 2024-02”) as part of the consideration of the adopted Housing Element implementation programs included therein.

Section 3. Pursuant to Section 18.36.675 of the Yorba Linda Zoning Code, the City Council finds that General Plan Amendment 2024-02 is necessary to ensure that the General Plan is consistent within the City’s other General Plan policies, goals and objectives, specifically the Housing Element, and is consistent with the objectives of the Zoning Code.

Section 4. The City Council finds that General Plan Amendment 2024-02 is necessary to implement the Housing Element programs established in the 2021-2029

RESOLUTION NO. 2024-5901
PAGE NO. 10

Housing Element, and as approved by the State of California, and would permit and encourage the development of affordable housing opportunities pursuant to the Regional Housing Needs Assessment (RHNA) requirements, as set forth in the Housing Element Law and applicable State Guidelines, in locations adjacent to supporting services and public transportation provided they are compatible with, and will not adversely impact, the integrity and continuity of adjacent uses.

Section 5. The City Council hereby accepts the recommendation of the Planning Commission as modified herein to adopt General Plan Amendment 2024-02 as part of the consideration of the adopted Housing Element implementation programs included therein.

Section 6. The City Council hereby adopts General Plan Amendment 2024-02, 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 2024-02 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 2024-02 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 2024-02 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 2024-02 to a vote of the electorate of the City of Yorba Linda in separate elections. None of the items identified in General Plan Amendment 2024-02 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.

RESOLUTION NO. 2024-5901
PAGE NO. 11

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

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 16th day of July, 2024. _____________________________

TARA CAMPBELL, 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 a regular meeting of the City Council of the City of Yorba Linda held on the 16th day of July, 2024, and was carried by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

RESOLUTION NO. 2024-5901
PAGE NO. 12

EXHIBIT “A”
GENERAL PLAN AMENDMENT 2024-02
(Comprised of Item #1 – Item #8)

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 between 20 to 60 DU/AC may be considered for specified sites within SAVI Ranch as described in the Housing Element. 2 LU-26 Increase the total residential capacity in the Community Core/Downtown Historical District Area Plan by 166 dwelling units to account for Sites S3-082, S3-204 and S4-075
3 LU-28 Increase the total residential capacity in the West Bastanchury Area Plan by 194 dwelling units to account for Sites S3-203 and S3-210

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-
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”
8 Map Site S3-
207
APN #343-591-05, -06, -
07, -25,
Replace Land Use Diagram with updated version
showing that the land use designation for this site has changed from “Residential – Medium” to “Residential
- High”

RESOLUTION NO. 2024-5901
PAGE NO. 13
Exhibit B
ORDINANCE NO. 2024-1111

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 2024-02) 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 2024-02 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

RESOLUTION NO. 2024-5901
PAGE NO. 14
WHEREAS, between October 2020 and August 2022, 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 conducted numerous public hearings related to the adoption of several General Plan Amendments and Zoning Code Amendments to implement the 2021-2029 Housing Element that was conditionally certified by HCD on April 8, 2022; and WHEREAS, when adopting these General Plan Amendments and Zoning Code Amendments, it was determined that they were 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, which was presented to the electorate of the City as Measure Z as part of the November 2022 General Election; and
WHEREAS, the Orange County Registrar of Voters determined that Measure Z failed to receive the approval of a majority of the electorate of the City, and therefore, General Plan Amendments 2022-01 and 2022-02 and Zoning Code Amendments 2022- 01 and 2022-02 did not become effective; and
WHEREAS, in order to retain its conditional certification of its Housing Element from the HCD, the City is required to present a rezoning plan to the general electorate of the City by the General Election in November 2024, the City has revised its Housing Element and its associated implementation programs; and WHEREAS, since November 2022, the City has prepared a revised draft Housing Element update through a robust public outreach effort of seven public workshops, which attracted nearly 400 residents from a diversity of backgrounds, ethnicities, age groups, political affiliations, geography within the city, housing tenure, and varying perspectives on housing; and
WHEREAS, this revised draft Housing Element was submitted to HCD for consideration and it was determined on February 23, 2024 that the City’s draft Housing Element was found to be in substantial conformance with State housing laws; 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

RESOLUTION NO. 2024-5901
PAGE NO. 15

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 2024- 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 2024-02 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 2024-02 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, #323-191-06, -07, -46, and #323-201-08 through 39; and to create Area B, which would adhere to the RM (Residential Multi-family) zone development standards for the following sites: APN# 323-181-04, -05, 06, -07, and Area B would be limited to no more than 98 total units as described in Exhibit A; and WHEREAS, Zoning Code Amendment 2024-02 would amend the text of the Savi Ranch Planned Development (PD) to allow multi-family residential uses consistent with the Housing Element for the following sites: APN #352-231-01, -02, -03, -04, -05, -06, -07, - 08, -09, -012, and 352-116-14 as described in Exhibit A; and WHEREAS, Zone Change 2024-02, which consists of proposed amendments to the Zoning Map, as identified in Exhibit A, is considered to be a part of Zoning Code Amendment 2024-02; and
WHEREAS, Zone Change 2024-02 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 #343-591-05, -06, -07, -25 (Site S3-207), APN #323-051-26, -27 (Site S3-211); and WHEREAS, Zone Change 2024-02 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, -

RESOLUTION NO. 2024-5901
PAGE NO. 16
08, -10, -12, -13, -14, -15, -16, -17, -18, -18, -19, -20, -21 (Site S1-200), APN #334-101- 39, -40 (Site S3-082), APN #323-311-03 (Site S4-075), APN #334-101-39, -40 (Site S3- 082), APN #323-231-18, -19 (Site S4-200), APN #323-081-35, -36 (Site S4-204B); and WHEREAS, Zone Change 2024-02 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 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 #323-311- 03 (Site S4-075); and
WHEREAS, Zone Change 2024-02 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, APN #323-171-07, -08, -09 (Site S3-210),; and WHEREAS, Zone Change 2024-02 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 2024- 02 constitutes a “Major Amendment” as defined in the Yorba Linda Right-to-Vote Amendment (Measure B) and is therefore to the approval of a majority vote of the electorate of the City to become effective; and
WHEREAS, Zoning Code Amendment 2024-02 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

RESOLUTION NO. 2024-5901
PAGE NO. 17

WHEREAS, Zoning Code Amendment 2024-02, 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 2024-02 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 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 May 15, 2024, the Planning Commission conducted a public hearing to receive public testimony with respect to Zoning Code Amendment 2024-02 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 May 15, 2024, which includes, without limitation, the staff reports submitted by the Community Development Department; and
WHEREAS, on May 15, 2024, the Planning Commission, at a regular public meeting, considered and decided to recommend to the City Council the approval of Zoning Code Amendment 2024-02, 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 2024-02 as part of the consideration of the adopted Housing Element implementation programs included therein; and
WHEREAS, in accordance with State and City laws, on June 18, 2024, the City Council conducted a public hearing to receive public testimony with respect to Zoning Code Amendment 2024-02 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 June 18, 2024, 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. On August 2, 2022, the City Council certified a Program Environmental Impact Report (PEIR) for the 2021-2029 Housing Element through Resolution No. 2022- 5817. Pursuant to 14 California Code of Regulations, § 15164, an Addendum to the

RESOLUTION NO. 2024-5901
PAGE NO. 18

Program Environmental Impact Report for the City of Yorba Linda 2021-2029 Housing Element Implementation Programs (State Clearinghouse # 2022040574) has been prepared.

The City, serving as the CEQA Lead Agency for the Revised Project (see CEQA Guidelines Sections 15050-15051), determined in its independent judgment that the Revised Project does not meet any of the circumstances from CEQA Guidelines Section 15162 and that an Addendum to the 2022 Certified PEIR is the appropriate CEQA compliance document for the Revised Project. The City’s finding is based on the following facts:
d. As demonstrated in Section 4.0 of the Addendum, the Revised Project would not require major revisions to the previously certified 2022 Certified PEIR because implementation of the Revised Project would neither result in any significant impacts to the physical environment that were not already disclosed in the 2022 Certified PEIR nor result in substantial increases in the severity of the environmental impacts previously disclosed in the 2022 Certified PEIR.
e. Subsequent to the certification of the 2022 Certified PEIR, no substantial changes in the circumstances under which the Revised Project would be undertaken have occurred that would require major revisions to the 2022 Certified PEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
f. There is no evidence in the public record that new information of substantial importance has become available that is applicable to the Revised Project and/or the City (Project site), that was not known and could not have been known with the exercise of reasonable diligence at the time the 2022 Certified PEIR was certified and would alter the conclusions of the 2022 Certified PEIR.

Section 2. The City Council has read and considered the amendments to the Zoning Code (referred to herein as “Zoning Code Amendment 2024-02”) as part of the consideration of the adopted Housing Element implementation programs included therein.

Section 3. Pursuant to Section 18.36.675 of the Yorba Linda Zoning Code, the City Council finds that Zoning Code Amendment 2024-02 is necessary to ensure that the Zoning Code is consistent within the City’s General Plan policies, goals and objectives and is consistent with the objectives of the Zoning Code.

Section 4. The City Council finds that Zoning Code Amendment 2024-02 is necessary apply the development standards contained in Zoning Code Amendment 2022-01 and Zoning Code Amendment 2024-02 to specific sites identified in Zoning Code Amendment 2024-02, 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

RESOLUTION NO. 2024-5901
PAGE NO. 19

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 2024-02, which includes Zone Change 2024-02, as part of the consideration of the adopted Housing Element implementation programs included therein.

Section 6. The City Council hereby adopts Zoning Code Amendment 2024-02, which includes Zone Change 2024-02, 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 2024-02 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 2024-02, including Zone Change 2024-02, 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 2024-02 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 2024-02, including Zone Change 2024-02, to a vote of the electorate of the City of Yorba Linda in separate elections. None of the items identified in Zoning Code Amendment 2024-02, including Zone Change 2024-02, 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

RESOLUTION NO. 2024-5901
PAGE NO. 20

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 a regular meeting of the City Council of the City of Yorba Linda on this 16th day of July, 2024.
___________________________

TARA CAMPBELL, 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 a regular meeting of the City Council of the City of Yorba Linda held on the 16th day of July, 2024, and was carried by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

RESOLUTION NO. 2024-5901
PAGE NO. 21

EXHIBIT “A”
Zoning Code Amendment 2024-02
(Comprised of Item #1 – Item #18)

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

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

RESOLUTION NO. 2024-5901
PAGE NO. 22
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.
sq. ft.,
3 BR = 1,200
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

RESOLUTION NO. 2024-5901
PAGE NO. 23

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 4791 and 4811 Eureka Avenue – APN #334-101-39, -40 (Site S3-082) will change from “Commercial – General” (CG) to “Residential Multiple-Family 20” (RM-20) to allow a maximum residential density of twenty (20) dwelling units per acre and a maximum building height of forty (40) feet or three (3) stories, whichever is less. The site will also be subject to the “Affordable Housing Overlay” (AFO) which will allow a maximum residential density of thirty-five (35) dwelling units per acre and a maximum building height of 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 5300-5393 Richfield Road – APN #343-591-05, -06, -07, -25 (Site S3-207) will change from “Residential Urban” (RU) 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 #5. The Yorba Linda Zoning Map is amended as follows:

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

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

The zoning for the proposed rezoning site located at 5005 and 5079 Mountain View Ave – APN #343-582-12, 343-281-07 (Site S3-024) will remain as “Residential Estate” (RE) and will also be subject to the “Congregational Lands Overlay” (CLO) which will allow a

RESOLUTION NO. 2024-5901
PAGE NO. 24

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 #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-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 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 #11. 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)

RESOLUTION NO. 2024-5901
PAGE NO. 25

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 #12. 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 #13. 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 #14. 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 #15. 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 #16. The Yorba Linda Zoning Map is amended as follows:

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

ITEM #17. The West Bastanchury Planned Development (PD) text for District II is amended as follows:

RESOLUTION NO. 2024-5901
PAGE NO. 26

RESOLUTION NO. 2024-5901
PAGE NO. 27

ITEM #18. The Savi Ranch Planned Development (PD) text is amended as follows:

RESOLUTION NO. 2024-5901
PAGE NO. 28

RESOLUTION NO. 2024-5901
PAGE NO. 29

RESOLUTION NO. 2024-5901
PAGE NO. 30

RESOLUTION NO. 2024-5901
PAGE NO. 31

RESOLUTION NO. 2024-5901
PAGE NO. 32

RESOLUTION NO. 2024-5901
PAGE NO. 33

RESOLUTION NO. 2024-5901
PAGE NO. 34

RESOLUTION NO. 2024-5901
PAGE NO. 35

RESOLUTION NO. 2024-5901
PAGE NO. 36

RESOLUTION NO. 2024-5901
PAGE NO. 37

EXHIBIT C
[Map of Nineteen Sites With General Plan Amendment Or Rezoning]

RESOLUTION NO. 2024-5901
PAGE NO. 38

RESOLUTION NO. 2024-5901
PAGE NO. 39

RESOLUTION NO. 2024-5901
PAGE NO. 40

ATTACHMENT 3
RESOLUTION NO. 2024-5902

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 5, 2024,

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 5, 2024, at which time there will be submitted to the voters the following measure (“City Measure”):

To maintain local control over land use decisions; protect open space, single-family residential neighborhood
character, height limits; limit traffic; shall Yorba Linda retain voter-approved development restrictions, adopt land use plans developed by residents including mixed-use housing, retaining/attracting businesses at Savi Ranch; limiting new housing density in areas including Richfield/Christmas Tree Farm and Buena Vista, vacant land at Fairmont/Quarter
Horse Drive; requiring developer fees supporting
parks/schools and public oversight?
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 July 26, 2024, 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 July 26, 2024, 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.

RESOLUTION NO. 2024-5902
PAGE NO. 2
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 ten (10) days of the adoption of this resolution.

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 16th day of July, 2024. ________________________________

TARA CAMPBELL, MAYOR

CITY OF YORBA LINDA
ATTEST:

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA
APPROVED AS TO FORM:

RUTAN & TUCKER, LLP

CITY ATTORNEY

RESOLUTION NO. 2024-5902
PAGE NO. 3

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 16th of July, 2024, and was carried by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

ATTACHMENT 4
RESOLUTION NO. 2024-5903

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 5, 2024

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 5, 2024, at which time there will be submitted to the voters the following measure (“City Measure”):

To maintain local control over land use decisions; protect open space, single-family residential neighborhood
character, height limits; limit traffic; shall Yorba Linda retain voter-approved development restrictions, adopt land use plans developed by residents including mixed-use housing, retaining/attracting businesses at Savi Ranch; limiting new housing density in areas including Richfield/Christmas Tree Farm and Buena Vista, vacant land at Fairmont/Quarter
Horse Drive; requiring developer fees supporting
parks/schools and public oversight?
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.

RESOLUTION NO. 2024-5903
PAGE NO. 2
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 5, 2024, 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 5, 2024.

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 16th day of July, 2024.

TARA CAMPBELL, MAYOR

CITY OF YORBA LINDA
ATTEST:
______________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA
APPROVED AS TO FORM:

RUTAN & TUCKER, LLP

CITY ATTORNEY

RESOLUTION NO. 2024-5903
PAGE NO. 3

STATE OF CALIFONI

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 16th day of July, 2024, and was carried by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

ADMINISTRATION DEPARTMENT
DATE: JULY 16, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: TODD LITFIN, CITY ATTORNEY
SUBJECT: RESOLUTIONS PERTAINING TO THE INITIATIVE BALLOT MEASURE TO

ALLOW HIGH DENSITY RESIDENTIAL HOUSING AND MIXED-USE

DEVELOPMENT AT THE BRYANT RANCH SHOPPING CENTER

RECOMMENDATION
It is recommended that the City Council approve the following actions relative to an initiative relating to amendments to the City’s General Plan and Zoning requirements for the Bryant Ranch Shopping Center property:

1. Adopt Resolution No. 2024-5904, ordering the submission to the qualified electors of the City of Yorba Linda a ballot measure relating to amendments to the City’s General Plan and Zoning requirements for the Bryant Ranch Shopping Center to be held on Tuesday, November 5, 2024.

2. Adopt Resolution No. 2024-5905, setting priorities for filing written arguments regarding the Bryant Ranch Shopping Center ballot measure and directing the City Attorney to prepare an impartial analysis.

3. Adopt Resolution No. 2024-5906, providing for the filing of rebuttal arguments regarding the Bryant Ranch Shopping Center ballot measure to be placed on the November 5, 2024 General Municipal Election Ballot.

BACKGROUND
The resolutions contained herein pertain to placing a measure on the November 5, 2024, election ballot regarding the land use laws governing the Bryant Ranch Shopping Center at 23621-23741 La Palma Avenue in Yorba Linda (the “Property”). This item is on the Council agenda because the proponent of the measure obtained the required number of signatures to place the matter on the ballot pursuant to California election law and the City is required to place the matter on the ballot. This item is the result of the actions of a private party and not the City.

On October 12, 2023, a proponent filed a Notice of Intent to Circulate Petition, entitled Yorba Canyon Community Initiative, to amend Chapters of the Yorba Linda Municipal Code, amending the Land Use Element, Housing Element and Housing Element Appendices of