RESOLUTIONS PERTAINING TO THE INITIATIVE BALLOT MEASURE TO ALLOW HIGH
DENSITY RESIDENTIAL HOUSING AND MIXED-USE DEVELOPMENT AT THE BRYANT
RANCH SHOPPING CENTER
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the Yorba Linda General Plan, in order to implement and institute a new zone to authorize a by-right, mixed-use development on the 9.15-acre site occupied by the Bryant Ranch Shopping Center (the “Initiative”). On November 9, 2023, the City Clerk’s Office received a copy of the official affidavit of publication from the proponent, which, according to California Election Law, circulation of petitions could commence after publication.
In order to qualify for the ballot, the proponent needed to collect 4,805 valid signatures within 180-days after receipt of ballot title and summary by proponents from the City Clerk. On March 18, 2024, the City Clerk’s Office received the petition signatures, conducted a prima facie review and delivered the petitions, along with 49 Request to Withdraw Your Signature from Yorba Canyon Community Initiative Petition forms, to the Orange County Registrar of Voters on March 19, 2024, to verify the number of signatures. Pursuant to Elections Code, § 9114, the Orange County Registrar of Voters had 30 days to verify signatures, excluding Saturdays, Sundays and holidays. On April 4, 2024, the Orange County Registrar of Voters provided the City Clerk with the certification of documents indicating the following:
Number of signatures filed: 6,570
Number of signatures required: 4,805
Number of signatures verified: 6,018
Number of signatures found valid: 4,805
Number of signatures found invalid: 1,213
Invalid because of duplicate: 34
Pursuant to Elections Code §§ 9114 and 9115, the City Clerk submitted the certificate as to verification of signatures to the City Council at the April 16, 2024 City Council meeting. The City Council, as it is legally required, accepted the certification.
The Initiative amends the Yorba Linda Municipal Code and the Yorba Linda General Plan Land Use Element, Housing Element, and Housing Element Appendices on the 9.15 acre site occupied by the Bryant Ranch Shopping Center at 23621-23741 La Palma Avenue in Yorba Linda.
The Initiative creates the Mixed-Use 30 ("MU-30") zone in the City’s Municipal Code for the Property. The Initiative amends the City’s General Plan Land Use Element to Residential – High for the Property. The Initiative amends the City’s General Plan Housing Element to identify the MU-30 zone and the by-right approval program implemented in the MU-30 zone.
The MU-30 zone allows residential development on the Property up to 30 dwelling units per acre and allows buildings to be up to 60 feet or 4 stories tall, whichever is less. Residential uses may be located on top of commercial uses or in separate structures on the same lot.
Multiple family dwellings, including apartments and condominiums, are permitted in the MU30 zone. The MU-30 zone also allows commercial uses on the Property provided that residential uses occupy 50 percent or more of the development's floor area. Projects in the
RESOLUTIONS PERTAINING TO THE INITIATIVE BALLOT MEASURE TO ALLOW HIGH
DENSITY RESIDENTIAL HOUSING AND MIXED-USE DEVELOPMENT AT THE BRYANT
RANCH SHOPPING CENTER
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MU-30 zone may also include any use that is identified as a permitted use in the City’s Commercial-General (“C-G”) zone and allows co-working spaces and live/work quarters.
The MU-30 zone allows “by right”, ministerial development for a residential development that proposes at least 16 total dwelling units at a minimum density of 20 dwelling units per acre that reserves at least 20 percent of the dwelling units for rental to lower income households. The phrase “by right” means that the City’s review of the owner-occupied or multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval and would not be subject to the California Environmental Quality Act (“CEQA”). Any subdivision of the Property remains subject to all laws, including but not limited to, the City’s laws implementing the Subdivision Map Act. The City may subject projects that qualify as a use “by right” to design review; however, such projects are not subject to CEQA.
In the City of Yorba Linda, 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.) The Initiative falls within the voter approval requirements of Measure B and is required to be approved by a majority of the voters at an election in order to become legally effective.
Because the Initiative obtained the required number of signatures, the City is legally required to place the Initiative on the ballot
DISCUSSION
The Election Code requires the adoption of the attached resolutions in order to place a measure on the November 5, 2024 ballot. The County Registrar of Voters requires that these resolutions be submitted to the County by August 9, 2024. The attached resolutions would cause a ballot measure with the following question to be submitted to the voters:
"Shall the initiative be adopted that amends the Yorba Linda Municipal Code, General Plan Land Use Element, Housing Element, and Housing Element appendices to allow high density residential housing and mixed-use development on the 9.15 acre site occupied by the Bryant Ranch Shopping Center at 23621-23741 La Palma Avenue?”
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.
RESOLUTIONS PERTAINING TO THE INITIATIVE BALLOT MEASURE TO ALLOW HIGH
DENSITY RESIDENTIAL HOUSING AND MIXED-USE DEVELOPMENT AT THE BRYANT
RANCH SHOPPING CENTER
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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
There are no legally justifiable alternatives other than placing the Initiative on the ballot.
ATTACHMENTS
1. Resolution No. 2024-5904
2. Resolution No. 2024-5905
3. Resolution No. 2024-5906
RESOLUTION NO. 2024-5904
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 A BALLOT MEASURE RELATING
TO AMENDMENTS TO THE CITY’S GENERAL PLAN AND
ZONING REQUIREMENTS FOR THE BRYANT RANCH
SHOPPING CENTER 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 is required to submit to the voters at the November 5, 2024, General Election a ballot measure because proponents of the initiative obtained sufficient signatures to qualify the measure for the ballot; and
WHEREAS, the ballot measure amends the Yorba Linda Municipal Code, General Plan Land Use Element, Housing Element, and Housing Element appendices to allow high density residential housing and mixed-use development on the 9.15 acre site occupied by the Bryant Ranch Shopping Center at 23621-23741 La Palma Avenue (“Proposed Amendment”); and
WHEREAS, the City Council determined that the Proposed Amendment constitutes 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 is 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 Amendment 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 9215(b), 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:
Shall the initiative be adopted that amends the Yorba Linda Municipal Code, General Plan Land Use Element, Housing
Element, and Housing Element appendices to allow high
Yes
density residential housing and mixed-use development on the 9.15 acre site occupied by the Bryant Ranch Shopping Center at 23621-23741 La Palma Avenue?
No
SECTION 2. The proposed ordinance shall be in the form attached hereto as Exhibit “A” to this Resolution and is incorporated by this reference as if fully set forth herein. The City Council directs that the entirety of the ordinance be printed in the sample ballot and/or voter guide materials. The 9.15 acre site occupied by the Bryant Ranch Shopping Center at 23621-23741 La Palma Avenue is depicted on the map attached hereto as Exhibit “B” to this Resolution. The City Council directs that the entirety of the map at Exhibit “B”, or a substantially similar version thereof, be printed in the sample ballot and/or voter guide materials.
SECTION 3. The ballot title shall be called “Bryant Ranch Shopping Center High Density Residential and Mixed-Use 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. 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 6. 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
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
EXHIBIT “A”
Exhibit “B”
RESOLUTION NO. 2024-5905
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
YORBA LINDA, CALIFORNIA, SETTING PRIORITIES FOR
FILING WRITTEN ARGUMENTS REGARDING THE
BRYANT RANCH SHOPPING CENTER BALLOT
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 (“Measure”):
Shall the initiative be adopted that amends the Yorba Linda Municipal Code, General Plan Land Use Element, Housing
Element, and Housing Element appendices to allow high
density residential housing and mixed-use development on the 9.15 acre site occupied by the Bryant Ranch Shopping Center at 23621-23741 La Palma Avenue?
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 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 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 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 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.
SECTION 2. The City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the
RESOLUTION NO. 2024-5905
PAGE NO. 2
Measure showing the effect of the Measure on the existing law and the operation of the 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. 2024-5905
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
RESOLUTION NO. 2024-5906
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
YORBA LINDA, CALIFORNIA, PROVIDING FOR THE
FILING OF REBUTTAL ARGUMENTS FOR ONE
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 (“Measure”):
Shall the initiative be adopted that amends the Yorba Linda Municipal Code, General Plan Land Use Element, Housing
Element, and Housing Element appendices to allow high
density residential housing and mixed-use development on the 9.15 acre site occupied by the Bryant Ranch Shopping Center at 23621-23741 La Palma Avenue?
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 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 Measure which will be printed and distributed to the voters, the elections official shall send a copy of an argument in favor of the Measure to the authors of any argument against the Measure and a copy of an argument against the Measure to the authors of any argument in favor of the Measure immediately upon receiving the arguments. If more than one argument for or more than one argument against the 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 Measure may prepare and submit a rebuttal argument or may authorize in writing any other person or persons to prepare, submit or sign the rebuttal argument. However, a rebuttal argument may be signed by no more than five (5) persons. No rebuttal argument may exceed 250 words.
The rebuttal arguments shall be filed with the City Clerk, signed with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one principal officer, not more than 10 days after the final date for filing direct arguments.
RESOLUTION NO. 2024-5906
PAGE NO. 2
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
STATE OF CALIFONI
RESOLUTION NO. 2024-5906
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 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
JULY 16, 2024 CITY COUNCIL MEETING
ADMINISTRATIVE REPORTS ITEM NO. 16 – RESOLUTIONS PERTAINING TO
THE INITIATIVE BALLOT MEASURE TO ALLOW HIGH DENSITY RESIDENTIAL
HOUSING AND MIXED-USE DEVELOPMENT AT THE BRYANT RANCH
SHOPPING CENTER
REVISION TO RESOLUTION NO. 2024-5905
RESOLUTION NO. 2024-5905
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
YORBA LINDA, CALIFORNIA, SETTING PRIORITIES FOR
FILING WRITTEN ARGUMENTS REGARDING THE
BRYANT RANCH SHOPPING CENTER BALLOT
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 (“Measure”):
Shall the initiative be adopted that amends the Yorba Linda Municipal Code, General Plan Land Use Element, Housing
Element, and Housing Element appendices to allow high
density residential housing and mixed-use development on the 9.15 acre site occupied by the Bryant Ranch Shopping Center at 23621-23741 La Palma Avenue?
Yes
No
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yorba Linda as follows:
SECTION 1. The persons filing the initiative petition may file a written argument in favor of the ordinance, and the legislative body may submit an argument against the ordinance. 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 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 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 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 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.