CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY,
YORBA LINDA HOUSING AUTHORITY AND YORBA LINDA MUNICIPAL FINANCING AUTHORITY
JOINT MEETING
AGENDA
Tuesday, February 3, 2026, 6:30 p.m.
Council Chambers
4845 Casa Loma Avenue
This meeting is being broadcast live for airing on cable channel 3, channel 99 AT&T U-Verse and the city's website. By remaining in the room, you are giving your permission to be televised.
Pages
CALL TO ORDER
The City Council/Successor Agency to the Yorba Linda Redevelopment Agency will convene at 5:30 p.m. in the Council Chambers at 4845 Casa Loma Avenue.
ROLL CALL
ANNOUNCEMENT OF CLOSED SESSION ITEMS
CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA
REDEVELOPMENT AGENCY
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION,
SIGNIFICANT EXPOSURE TO LITIGATION
Government Code Section 54956.9(d)(2) (1 Case)
B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1) (1 case)
Name of Case: Steven Hickerson v. City of Yorba Linda
Case Number: 30-2024-01372071-CU-PO-NJC, Superior Court, County of Orange C. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1) (1 case)
Name of Case: Yorba Canyon, LLC v. City of Yorba Linda
Case Number: 30-2025-01497724-CU-WM-CXC, Superior Court, County of Orange
PUBLIC COMMENT ON CLOSED SESSION ITEMS
CONVENE INTO CLOSED SESSION
RECESS
CALL TO ORDER
The City Council/Successor Agency to the Yorba Linda Redevelopment Agency, Yorba Linda Housing Authority and Yorba Linda Municipal Financing Authority will reconvene at 6:30 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda.
ROLL CALL
PLEDGE OF ALLEGIANCE
INVOCATION
CLOSED SESSION REPORT
INTRODUCTIONS & PRESENTATIONS
RECOGNITION OF REACH FLL ROBOTICS STATE FINALISTS TEAMS
INTRODUCTION OF FALCK AMBULANCE
PUBLIC COMMENTS – ITEMS ON THE CONSENT CALENDAR OR ITEMS NOT
ON THE REMAINDER OF THE AGENDA
There is a five (5) minute maximum time limit for each individual addressing the legislative body during Public Comments and on all other items listed on the Agenda.
Whenever a group of persons wishes to address the City Council on the same subject matter, it shall be proper for the presiding officer to request that a spokesman be chosen by the group so as to avoid unnecessary repetitions before the City Council.
CONSENT CALENDAR
All matters listed under "CONSENT CALENDAR" are considered by the City Council/ Successor Agency to the Yorba Linda Redevelopment Agency, Yorba Linda Housing Authority and Yorba Linda Municipal Financing Authority to be routine and will be enacted by one motion approving the recommendation listed on the Agenda. There will be no separate discussion unless Members of the Council/Successor Agency, Yorba Linda Housing Authority and Yorba Linda Municipal Financing Authority or Staff request specific items to be removed from the Consent Calendar.
Recommendation:
Approve the Consent Calendar, excluding Item No. 6, which will be continued to the next Council meeting.
1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON
THE AGENDA
Recommendation:
Waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.
2. ACCOUNTS PAYABLE CHECK REGISTER – FEBRUARY 3, 2026 6
Recommendation:
Receive and file the accounts payable check register and wire transfer report dated February 3, 2026, in the amount of $5,176,508.68.
3. APPROVAL OF THE MINUTES OF THE JANUARY 20, 2026 CITY COUNCIL / SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY
MEETING
66 Recommendation:
Approve the minutes of the January 20, 2026 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting.
4. APPROVE AN ENCROACHMENT AGREEMENT AT 6252 ACACIA HILL DRIVE
75 Recommendation:
Approve the Encroachment Agreement at 6252 Acacia Hill Drive for access to a portion of City-owned property.
5. APPROVE A MAIN STREET ELECTRICAL UPGRADE REIMBURSEMENT AGREEMENT FOR 18293 IMPERIAL HIGHWAY
89 Recommendation:
1.) Approve a reimbursement agreement for a $20,000 loan to the owners of 18293 Imperial Highway to fund electrical transformer upgrades; and 2.) Appropriate $20,000 to the General Fund Economic Development program to fund the reimbursement agreement.
6. APPROVE AN AGREEMENT WITH BRAVO SIGN & DESIGN, INC. FOR THE
HIDDEN HILLS MONUMENT RESTORATION
98 Recommendation:
Approve an Agreement with Bravo Sign & Design, Inc. for the Hidden Hills Monument Restoration Project for $159,000 with a $23,850 contingency.
7. APPROVE A DEMOLITION PERMIT FOR 4831 COLLINS LANE 129 Recommendation:
Approve a demolition permit for 4831 Collins Lane.
8. REPORTS OF PLANNING COMMISSION ACTIONS FROM THEIR LAST
MEETING
173
Recommendation:
Receive and file this report.
9. CITY COUNCIL COMMITTEE AND AGENCY REPORTS 175
Recommendation:
Receive and file this report.
PUBLIC HEARING
Note: If previous agenda items are completed prior to 7:00 p.m., the legislative body will proceed to “Administrative Reports” on the Agenda until the scheduled time for the Public Hearings. At the Mayor’s discretion, Public Comments may be postponed at 7:45 p.m. to allow the Public Hearings to be started and following the completion of
Public Hearing item(s), the legislative body will go back to the Public Comments at the Mayor’s discretion and then continue to the remainder of the agenda order thereafter.
If you challenge the legislative body’s proposed actions in court, you may be limited to raising those issues that you or someone else raised at the Public Hearing described in this Agenda, or in any written correspondence delivered to the City Council/Successor Agency to the Yorba Linda Redevelopment Agency on or prior to the Public Hearing.
10. UPHOLD PLANNING COMMISSION APPROVAL OF TENTATIVE TRACT MAP 19389 – CITY VENTURES
177
a. Open Public Hearing
b. Staff Report
c. Take Testimony
1.) Appellant
2.) Project Applicant
3.) Public Comment
4.) Rebuttal by Applicant, If Required
d. Close Public Hearing
e. Make Determination
CEQA STATUS: Statutory Exemption (Government Code §65457). Previously Certified 2021-2029 Housing Element EIR and Addendum - (SCH No. 2022040574). CEQA Guidelines, §15168 Program EIR Consistency Recommendation:
To continue the item to the May 3, 2026 Council meeting with Council's direction to the applicant.
ADJOURNMENT
The next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting is February 17, 2026.
NOTE: ALL STAFF REPORTS AND RELATED ATTACHMENTS FOR ITEMS ON THIS AGENDA ARE ON FILE IN THE CITY CLERK’S OFFICE. AS AN ADDITIONAL SERVICE, THE CITY NOW PROVIDES THE STAFF REPORTS AND RELATED ATTACHMENTS ON THE CITY’S WEBSITE. PLEASE NOTE THAT IT IS NOT ALWAYS POSSIBLE TO EMBED ALL ATTACHMENTS AND MAPS. THUS, IF YOU REQUIRE A FULL AND COMPLETE COPY OF THE AGENDA PACKET, YOU SHOULD NOT RELY UPON THE WEBSITE MATERIALS ALONE.
IN COMPLIANCE WITH THE AMERICAN DISABILITIES ACT (ADA), THE CITY WILL MAKE EVERY REASONABLE ATTEMPT TO ACCOMMODATE ANY ATTENDEE OR PARTICIPANT AT THIS MEETING NEEDING SPECIAL ASSISTANCE BEYOND WHAT IS NORMALLY PROVIDED. PLEASE CONTACT THE CITY CLERK’S OFFICE AT (714) 961-7150 AT LEAST 48 HOURS PRIOR TO THIS MEETING TO INFORM US OF YOUR PARTICULAR NEEDS AND TO DETERMINE IF ACCOMMODATION IS FEASIBLE. PLEASE ADVISE US AT THE TIME YOU CALL IF SPECIAL ASSISTANCE IS REQUIRED TO ATTEND OR PARTICIPATE IN MEETINGS ON A REGULAR BASIS.
FINANCE DEPARTMENT
DATE: FEBRUARY 3, 2026
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: SUNNY HAN, FINANCE DIRECTOR / CITY TREASURER
PREPARED BY: ALEXANDRA KARAPETIAN, ACCOUNTANT
SUBJECT: ACCOUNTS PAYABLE CHECK REGISTER – FEBRUARY 3, 2026
RECOMMENDATION
Receive and file the accounts payable check register and wire transfer report dated February 3, 2026, in the amount of $5,176,508.68.
SUMMARY
The Municipal Code states that the accounts payable check register shall be presented to the City Council at the next regularly scheduled meeting following the printing and mailing of checks.
BACKGROUND
This check register includes both City and Successor Agency weekly check runs for the weeks since the last City Council meeting. Additionally, a report of any wires sent by the City is included as an attachment to this report on an as-needed basis.
FISCAL IMPACT
There is no direct fiscal impact associated with this report. Sufficient funds are available in the approved budget to cover all listed checks and wires.
1 CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT
AGENCY, YORBA LINDA HOUSING AUTHORITY AND YORBA LINDA MUNICIPAL
FINANCING AUTHORITY JOINT MEETING
MINUTES
January 20, 2026, 6:30 p.m.
Council Chambers
4845 Casa Loma Avenue
Councilmembers
Absent:
Campbell, Huang, Lim, Singh, Rodriguez
_____________________________________________________________________
CALL TO ORDER
The City Council/Successor Agency to the Yorba Linda Redevelopment Agency convened at 5:02 p.m. in the Council Chambers at 4845 Casa Loma Avenue and by teleconference at Embassy Suites By Hilton Waikiki, 201 Beachwalk Street, Honolulu, HI, 96815.
ROLL CALL
Councilwoman Tara Campbell joined via teleconference at 5:35 p.m.
ANNOUNCEMENT OF CLOSED SESSION ITEMS
CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY
A. THREAT TO PUBLIC SERVICES OR FACILITIES
Government Code Section 54957
Consultation with: Orange County Sheriff’s Department, Chief of Police Services
2 B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION,
SIGNIFICANT EXPOSURE TO LITIGATION
Government Code Section 54956.9(d)(2) (5 Cases)
C. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1) (1 case)
Name of Case: Yorba Canyon, LLC v. City of Yorba Linda
Case Number: 30-2025-01497724-CU-WM-CXC, Superior Court, County of Orange D. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1) (1 case)
Name of Case: Marry Warren v. City of Yorba Linda
Case Number: 30-2025-01530486-CU-PA-NJC, Superior Court, County of Orange E. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1) (1 case)
Name of Case: Daiello v. City of Yorba Linda
Case Number: 30-2025-01536758, Superior Court, County of Orange F. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1) (1 case)
Name of Case: Kyle Brown v. City of Yorba Linda et al.
Case Number: 30-2023-01326405-CU-PO-CJC, Superior Court, County of Orange
PUBLIC COMMENT ON CLOSED SESSION ITEMS
None.
CONVENE INTO CLOSED SESSION
The City Council convened into Closed Session at 5:03 p.m.
RECESS
3 CALL TO ORDER
The City Council/Successor Agency to the Yorba Linda Redevelopment Agency, Yorba Linda Housing Authority and Yorba Linda Municipal Financing Authority reconvened at 6:33 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda and by teleconference at Embassy Suites By Hilton Waikiki, 201 Beachwalk Street, Honolulu, HI, 96815.
ROLL CALL
PLEDGE OF ALLEGIANCE
Bridget Blehm, For Families of Active Military
INVOCATION
Chaplain John Siu, Orange County Sheriff's Department
CLOSED SESSION REPORT
City Attorney Todd Litfin said there was no reportable action on the items discussed in Closed Session.
INTRODUCTIONS & PRESENTATIONS
RECOGNITION OF POP WARNER YORBA LINDA COLTS 8U
Mayor Carlos Rodriguez recognized the Pop Warner Yorba Linda Colts 8U team and coaches for capturing the Orange Empire Conference Division 1 Championship and placing second in the Pop Warner Wescon Regional Finals, ranking them among the top 16 teams nationally.
Certificates were presented by the Council and the offices of Congresswoman Young Kim, Senators Steven Choi and Kelly Seyarto, Assemblyman Phillip Chen, and Supervisor Don Wagner.
RECOGNITION OF WAYNE & CINDY SCOTT HONORING HOMETOWN HEROES EVENT
Mayor Rodriguez invited Wayne and Cindy Scott to the lectern and recognized them for founding Honoring Hometown Heroes in 2010, an organization dedicated to honoring Gold Star Families in Orange County, which has since expanded its reach to include those who do not fall under certain definitions of Gold Star.
The Council presented Colonel and Mrs. Scott with a certificate of recognition, along with certificates from the offices of Congresswoman Kim, Senators Choi and Seyarto, Assemblyman Chen, and Supervisor Wagner.
4 RECOGNITION OF COMMUNITY MEMBERS IN MEMORY OF VETERAN MIKE
ANDERSEN
Mayor Rodriguez recognized community members Jessica Lynn and her five children, along with volunteers Bridget and Eddie Blehm, Frank Stefano, and Gene and Louise Hernandez, for continuing the legacy of Veteran Mike Andersen through the annual Christmas Ham Giveaway. Lieutenant Colonel Alvarez, Commander of the Southern California Army Recruiting Battalion, also recognized the volunteers. Certificates were presented from the offices of Congresswoman Kim, Senators Choi and Seyarto, Assemblyman Chen, and Supervisor Wagner. Mr. and Mrs. Blehm, and Mr. Stefano were in attendance to accept the recognitions.
Mayor Rodriguez and the Council additionally recognized Mr. Blehm in honor of his 94th birthday.
YORBA LINDA CHAMBER OF COMMERCE'S ANNUAL REPORT AND BUSINESSES
OF THE MONTH/YEAR
Susan Wan-Ross, Chief Executive Officer of the Yorba Linda Chamber of Commerce provided the Annual Report. She shared a PowerPoint presentation highlighting some notable events in 2025. She said team member count is 269, she spoke about social media, the economic forecast, and Shop, Dine, Support Yorba Linda. She said the Chamber had their board installation in December and spoke of the Yorba Linda Chamber of Commerce Foundation, including the scholarships awarded and e-waste recycling. Ms. Wan-Ross said the Chamber was the first Chamber in California to host the National Civics Bee, held at the Richard Nixon Presidential Library and Museum.
She concluded her presentation by recognizing the businesses of the month for October, November and Business of the Year as: Priority One Sound, Yorba Linda Woman’s Club and Stefano's Golden Baked Hams. Council presented the businesses of the month and year with a certificate of recognition and thanked them for their contributions to the community. The businesses also received recognitions from the offices of Congresswoman Kim, Senators Choi and Seyarto, Assemblyman Chen and Supervisor Wagner.
CITY'S BUSINESS OF THE QUARTER RECOGNITION
Mayor Rodriguez and Council recognized the City's Business of the Quarter as Chic Revelations Boutique and invited Karen Goodsell and Maria Teixeira to the lectern to present them with a certificate.
They also received certificates from the offices of Congresswoman Kim, Senators Choi and Seyarto, Assemblyman Chen, and Supervisor Wagner.
5 INTRODUCTION OF OCFA DIVISION CHIEF MICHAEL MORGANSTERN Mayor Rodriguez introduced the City's new Orange County Fire Authority Division Chief Michael Morganstern. He said he began his assignment in November and oversees fire services for Yorba Linda, Tustin, Villa Park and nearby unincorporated areas. He has more than three decades of fire service experience and succeeds Division Chief Kevin Fetterman, who retired after nearly 30 years of dedicated service.
Division Chief Morganstern expressed his enthusiasm to work with the community.
Council proudly welcomed Chief Morganstern to the team.
LAW ENFORCEMENT SERVICES UPDATE BY CHIEF OF POLICE SERVICES
CAPTAIN DE ANNE WIGGINTON
Chief of Police Services Captain De Anne Wigginton provided a PowerPoint presentation on law enforcement updates for November and December. She gave statistics on the traffic collisions, response times of 5:12 and 5:06 for November and December, respectively and spoke of the Peragrin platform that is utilized by their realtime operations center. Captain Wigginton talked about crime data, residential burglaries, and arrests. She discussed a few significant arrests, including one on November 12th where one suspect was arrested for burglary and fraud, and another on December 22nd where 3 suspects were arrested for robbery. She concluded her comments by highlighting crime prevention and community events.
COYOTE MANAGEMENT
Administrative Services Director David Albaugh delivered a PowerPoint presentation on coyotes, outlining the City’s role and its Coyote Management Plan, which emphasizes education, prevention, and behavior modification to reduce resident–coyote conflicts.
He also discussed residents’ responsibilities, including never feeding coyotes, removing water sources, keeping pets indoors when unsupervised, and eliminating potential shelter areas around the home.
Arlene Quintero, Principal Risk & Safety Analyst, and Lt. Kevin Frager, Supervising Animal Control Officer with Orange County Animal Care, also spoke briefly on the importance of hazing. Ms. Quintero noted that staff are available to visit communities and conduct informational meetings to further educate residents.
PUBLIC COMMENTS – ITEMS ON THE CONSENT CALENDAR OR ITEMS NOT ON
THE REMAINDER OF THE AGENDA
Richard de Bruijn, resident, expressed concerns regarding e-bikes, specifically fastmoving riders and accident risks.
Janet, resident, raised concerns about the safety of cell towers at Veterans Park.
6 Andrea Coleman, resident, also spoke about cell phone towers and potential health risks.
Anthony Johnson, Government Affairs Representative for the Chamber of Commerce, thanked the Council for its work on the City’s legislative platform and stated that the Yorba Linda Chamber of Commerce would welcome the opportunity to partner in advancing the City’s legislative priorities.
Pat Nelson, resident, spoke on Consent Calendar Item No. 9 and recent rains, asking how the City fared during the storm. She also requested an update on the car wash property at Imperial Highway and Los Angeles Street, noting it has been fenced for several months without visible activity.
John DeLap, resident, spoke in opposition to the proposed City Ventures project, citing safety and traffic concerns.
Nancy Pfeifer, resident, also opposed the project, raising concerns about equestrian riders, the trails and the lack of capacity for additional traffic.
Mayor Rodriguez responded to the concerns raised by Janet and Andrea, noting that many of the issues fall outside the City’s jurisdiction. He explained that cell towers are regulated at the federal level but stated that the City maintains relationships with County, State, and Federal agencies that can provide additional information. He added that City staff can assist in coordinating appropriate responses.
City Manager Peter Grant noted that both residents provided contact information and that staff will follow up in the coming days regarding how the City can assist with their concerns. City Attorney Litfin added that cell towers are subject to federal emission standards and, if those standards are met, federal law preempts the City from prohibiting the towers on that basis.
CONSENT CALENDAR
Moved by Huang
Seconded by Singh
Approve the Consent Calendar.
AYES (5): Campbell, Huang, Lim, Singh, and Rodriguez
CARRIED (5 to 0)
7 1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA
Waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.
2. RECEIVE AND FILE ACCOUNTS PAYABLE CHECK REGISTER – JANUARY 20, 2026
Receive and file the accounts payable check register and wire transfer report dated January 20, 2026, in the amount of $14,870,284.97.
3. APPROVE THE MINUTES OF THE DECEMBER 16, 2025 CITY COUNCIL /
SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY
MEETING
Approve the minutes of the December 16, 2025 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting.
4. APPROVE THE MINUTES OF THE JANUARY 9, 2026 CITY COUNCIL /
SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY
SPECIAL MEETING
Approve the minutes of the January 9, 2026 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint special meeting.
5. RECEIVE AND FILE TREASURER’S REPORT – OCTOBER 2025
1.) Receive and file the attached monthly Treasurer’s Report; and 2.) Delegate investment responsibility to the City’s Finance Director / City Treasurer for one year.
6. ADOPT YORBA LINDA BLVD WIDENING PROJECT CEQA ADDENDUM Adopt Resolution No. 2026-5968, approving the addendum to the Yorba Linda Boulevard Widening Improvements Project Final Initial Study/Mitigated Negative Declaration.
7. APPROVE AN AMENDMENT TO THE CITY HALL EXTERIOR SOFFIT
RENOVATION PROJECT
1.) Approve Amendment No. 1 for additional material costs of $47,493 for a revised contract amount not to exceed of $273,433; and 2.) Approve the appropriation and transfer of $47,303 from the Special Reserve Fund to the CIP Fund.
8. APPROVE AMENDMENT NO. 4 WITH YMCA OF ORANGE COUNTY FOR SWIM
LESSON INSTRUCTION AND LIFEGUARDING SERVICES
8 Approve a $125,000 Amendment to the Agreement with YMCA of Orange County and extend the Agreement by one year.
9. TERMINATE THE LEMON DRIVE/IMPERIAL HIGHWAY STORM DRAIN REPAIR
LOCAL EMERGENCY
Adopt Resolution No. 2026-5969 terminating the Lemon Drive/Imperial Highway Storm Drain Repair Local Emergency.
10. ADOPT THE 2026 LEGISLATIVE PLATFORM
Adopt the 2026 Legislative Platform.
11. RECEIVE AND FILE REPORTS OF PLANNING COMMISSION ACTIONS FROM
THEIR LAST MEETING
Receive and file this report.
12. COUNCIL COMMITTEE AND AGENCY REPORTS
Receive and file this report.
CITY MANAGER’S REPORT/MAYOR’S REPORT/MATTERS PRESENTED BY
COUNCILMEMBERS/ OTHER AGENCY REPORTS
City Manager Grant responded to Ms. Nelson, stating that the City weathered the recent storms well due to proactive measures. He added that the car wash project is progressing through the entitlement process and is expected to be heard by the Planning Commission in the coming months.
Councilwoman Janice Lim wished everyone a happy New Year and shared her appreciation for the strong community engagement she has observed at recent events.
Councilman Shivinder Singh also extended New Year wishes and thanked City staff and public safety personnel, expressing his enthusiasm for continued collaboration to improve the City.
Mayor Rodriguez encouraged residents to support the local economy by shopping and dining locally, noting that it strengthens City services and local businesses. He announced an evening of art and community at the Cultural Arts Center on January 22 from 5:30 to 7:30 p.m., featuring the Language of Leaves exhibit. He also invited residents to a Valentine’s Day celebration on February 14 from 11:15 a.m. to 12:30 p.m. at the Yorba Linda Public Library, offering family-friendly crafts and treats. He concluded by thanking Captain Wigginton for hosting the Coffee with a Cop event.
9 ADJOURNMENT - IN MEMORY OF FORMER MAYOR BARBARA KILEY AND ALISO
VIEJO CITY MANAGER MITZI ORTIZ
Mayor Rodriguez adjourned the meeting in honor of former Mayor Barbara Kiley and Aliso Viejo City Manager Mitzi Ortiz at 8:31 p.m. to the next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting on February 3, 2026.
_________________________
City Clerk
PUBLIC WORKS DEPARTMENT
DATE: FEBRUARY 3, 2026
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMIE LAI, P.E. DIRECTOR OF PUBLIC WORKS / CITY ENGINEER PREPARED BY: JOSE ROMANI, ASSOCIATE ENGINEER
SUBJECT: APPROVE AN ENCROACHMENT AGREEMENT AT 6252 ACACIA HILL DRIVE
RECOMMENDATION
Approve the Encroachment Agreement at 6252 Acacia Hill Drive for access to a portion of City-owned property.
DISCUSSION
The owners of 6252 Acacia Hill Drive park a recreational vehicle on the north side of their property behind a gated fence facing a sliver of City-owned property near an existing street curb and a stormwater catch basin. The owners request permission to build a driveway across a grassy portion of the City’s property to better access their backyard.
The proposed access area is outside the storm drain channel, will not affect the City’s drainage system and is consistent with the City Council’s Encroachment Policy (attached).
The recommended Encroachment Agreement requires the owners to assume responsibility for all maintenance and liability related to their use of the City’s property.
FISCAL IMPACT
None.
ALTERNATIVES
Do not approve the Encroachment Agreement or provide alternative direction.
ATTACHMENTS
Attachment 1 - Encroachment Agreement for 6252 Acacia Hill Drive Attachment 2 - E-5 Encroachment Policy
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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 _______________________, 2026, by and between CITY OF YORBA LINDA ("CITY"), a public agency, and FREDERICK D. WHITMAN AND LINDA SUE WHITMAN, TRUSTEES OF THE WHITMAN FAMILY TRUST ("DECLARANT"), with reference to the following:
RECITALS
A. The DECLARANT owns real property located at 6252 ACACIA HILL DRIVE, Yorba Linda, California 92886 (APN 348-301-09) ("Subject Property"), as shown in Exhibit “A”, which is more particularly described as follows:
LOT 55, OF TRACT 7974, IN THE CITY OF YORBA LINDA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 359 PAGES 19 TO 24 INCLUSIVE, OF
MISCELLANEOUS MAPS. .
B. CITY right of way, as identified on TRACT MAP NO. 7974, Official Records of Orange County, California (public right-of-way), on ACACIA HILL DRIVE is 52 feet, with 26 feet extending each direction from the centerline of the street. “Lot A” is dedicated to the City of Yorba Linda Public Works in fee simple for maintenance purposes.
C. The DECLARANT desires to encroach over Lot A, install paver strips on the south section of Lot A, and to construct a driveway approach per City standards (collectively herein referred to as "Improvements") within and along the public right-of-way (hereinafter referred to as an “Encroachment"), as illustrated in Exhibit "B" 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 use of the existing rolled curb for access is not permitted and that an approved approach must be constructed to provide access to the site, while protecting existing catch basin. 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:
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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.
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.
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(INTENTIONALLY BLANK)
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DECLARATION OF RESTRICTIVE COVENANTS
(ENCROACHMENT ON PUBLIC RIGHT-OF-WAY)
6262 ACACIA HILL DRIVE
CITY OF YORBA LINDA DECLARANT
By: By: __________________________
Carlos Rodriguez Frederick D. Whitman and Linda Sue Whitman, Mayor Trustees of the Whitman Family Trust
By: __________________________
Frederick D. Whitman and Linda Sue Whitman,
Trustees of the Whitman Family Trust
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
POLICY: ENCROACHMENTS AND USES WITHIN CITY EASEMENTS
Number: E-5 Issue Number: 3
Page: 1 Date Adopted: June 2, 2020
Replaces: July 5, 2016
CITY COUNCIL POLICIES
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: 3
Page: 2 Date Adopted: June 2, 2020
Replaces: July 5, 2016
CITY COUNCIL POLICIES
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.
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: 3
Page: 3 Date Adopted: June 2, 2020
Replaces: July 5, 2016
CITY COUNCIL POLICIES
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:
x 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.
x 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: 3
Page: 4 Date Adopted: June 2, 2020
Replaces: July 5, 2016
CITY COUNCIL POLICIES
x 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 ³no significant impact´ on the City easement involved, and/or where it is not practical to formally vacate such easement. The term ³no significant impact´ means an encroachment of one foot 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 require a City Council 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).
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:
POLICY: ENCROACHMENTS AND USES WITHIN CITY EASEMENTS
Number: E-5 Issue Number: 3
Page: 5 Date Adopted: June 2, 2020
Replaces: July 5, 2016
CITY COUNCIL POLICIES
x 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. x 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:
x 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.
x Any unpermitted accessory structures or improvements in the prior easement area shall require a Design Review approval through the Planning Commission.
x Compliance with the ³General 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.
Proposed New Fence Encroachments on City Maintenance Easements Proposed fence encroachments into City maintenance easements may be allowed subject to the following:
x 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.
POLICY: ENCROACHMENTS AND USES WITHIN CITY EASEMENTS
Number: E-5 Issue Number: 3
Page: 6 Date Adopted: June 2, 2020
Replaces: July 5, 2016
CITY COUNCIL POLICIES
x 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.
x 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.
x The establishment and maintenance of the fence and landscaping within the fenced area shall be consistent with the ³General 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.
POLICY: ENCROACHMENTS AND USES WITHIN CITY EASEMENTS
Number: E-5 Issue Number: 3
Page: 7 Date Adopted: June 2, 2020
Replaces: July 5, 2016
CITY COUNCIL POLICIES
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.
ADMINISTRATION DEPARTMENT
DATE: FEBRUARY 3, 2026
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PETER GRANT, CITY MANAGER
PREPARED BY: COLLEEN CALLAHAN, ECONOMIC DEVELOPMENT
MANAGER
SUBJECT: APPROVE A MAIN STREET ELECTRICAL UPGRADE REIMBURSEMENT AGREEMENT FOR 18293 IMPERIAL HIGHWAY
RECOMMENDATION
1. Approve a reimbursement agreement for a $20,000 loan to the owners of 18293 Imperial Highway to fund electrical transformer upgrades
2. Appropriate $20,000 to the General Fund Economic Development program to fund the reimbursement agreement
SUMMARY
The agreement provides a $20,000 loan to the owners of 18293 Imperial Highway for upgrades to the Main Street electrical transformer and related infrastructure.
DISCUSSION
In 2025, five properties on the southwest side of Main Street upgraded their Southern California Edison electrical transformer and infrastructure to provide 3-phase power and other improvements. The improvements have benefit beyond the original five properties and can support others on/around Main Street.
To facilitate Main Street redevelopment and support a vibrant historical downtown, the City created a loan program to assist property owners with the cost of connecting to the upgraded transformer. Property owners repay the loan when they connect to the transformer and redevelop, or within 40 years, whichever is earlier. The loan accrues interest at 1.25 percent, which is the average rate the City earned on its cash investments over the last 15 years.
There is no termination or forgiveness of the loan until the loan is repaid.
APPROVE MAIN STREET ELECTRICAL UPGRADE REIMBURSEMENT AGREEMENT P a g e | 2
18293 Imperial Highway sold in January 2026 and the new owners requested a $20,000 loan to fund their connection to the upgraded transformer. The recommended reimbursement agreement has the same terms as the agreement the City Council approved on August 5, 2025 for 4895 Main Street.
FISCAL IMPACT
Sufficient General Fund balance is available to fund the reimbursement agreement, which will be paid from the Economic Development program (1010180-433950).
ALTERNATIVES
Do not approve the agreement and provide direction.
ATTACHMENTS
Attachment 1 - Reimbursement Agreement for 18293 Imperial Highway
PUBLIC WORKS DEPARTMENT
DATE: FEBRUARY 3, 2026
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMIE LAI, P.E., DIRECTOR OF PUBLIC WORKS/ CITY ENGINEER PREPARED BY: JESSE GUTIERREZ, ASSESSMENT DISTRICT
SUPERINTENDENT
SUBJECT: APPROVE AN AGREEMENT WITH BRAVO SIGN & DESIGN, INC. FOR
THE HIDDEN HILLS MONUMENT RESTORATION
RECOMMENDATION
Approve an Agreement with Bravo Sign & Design, Inc. for the Hidden Hills Monument Restoration Project for $159,000 with a $23,850 contingency.
DISCUSSION
As part of the Landscape Maintenance Assessment District’s rejuvenation of community entry monuments, this project will update the Hidden Hills monument that was originally installed in the 1980s to improve curb appeal and community branding. The project replaces the monument’s finish, repair cracks, adds stone veneer, an updated logo, and LED lighting to modernize the entrance and strengthen community pride.
After not receiving any responses to a competitive bid process, Public Works used an alternative purchasing method and recommends Bravo Sign & Design, Inc. based on qualifications, references, and price.
FISCAL IMPACT
Sufficient funding is available in the LMAD Capital Improvement Program budget (LI261001).
ALTERNATIVES
Do not approve the agreement and provide direction.
ATTACHMENTS
Attachment 1 – Bravo Sign & Design Service Agreement
Contract
Services
Agreement
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Contract Services Agreement | 1
Project Name/No.: Hidden Hills Monument Restoration Project Contract No.: No._________ Dept./Contract Rep: PW-LMAD/ M. Garcia Approved: 2/03/2026
CONTRACT SERVICES AGREEMENT
HIDDEN HILLS MONUMENT RESTORATION PROJECT
THIS CONTRACT SERVICES AGREEMENT (“Agreement”) is made and effective this 3rd day of February, 2026 by and between the CITY OF YORBA LINDA, a California municipal corporation, (“City”) and BravoSign & Design, Inc., a Corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.
City sought, by issuance of a Request for Proposals or Invitation for Bids, for the performance of the services defined and described particularly in this Agreement.
Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in this Agreement, was selected by City to perform those services. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in this Agreement and desire that the terms of that performance be as particularly defined and described herein.
SECTION 1. SERVICES.
1.1 Scope of Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A, “Scope of Services” and incorporated herein by this reference (the “Services”). Contractor will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. The Scope of Services incorporates Contractor’s scope of work or bid for the Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.
1.2 Term of Services. The term of this Agreement shall begin on March 1st, 2026. Unless earlier terminated in accordance with Section 8 of this Agreement, this Agreement shall continue in full force and effect until final written approval and acceptance of the work performed under this Agreement by the Contract Administrator.
The time provided to Contractor to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.
1.3 Standard of Performance.
a. Quality of Work. As a material inducement to City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the
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Services contemplated herein. Contractor shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all Services described herein.
Contractor covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances, and to the sole satisfaction of the Contract Administrator.
b. Care of Work. Contractor shall adopt reasonable methods during the term of this Agreement to furnish continuous protection to the Services, and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence.
c. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contractor shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall 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. Safety precautions as applicable shall include, but shall not be limited to:
(A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. d. Warranty. Contractor warrants all work under this Agreement (which for purposes of this Subsection 1.3 shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship.
Contractor agrees that for a period of one (1) year (or the period of time specified elsewhere in this Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by City of any defect in the work or non-conformance of the work to this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by Contractor’s defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1)
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year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of City, City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.
Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.
e. Skilled and Trained Workforce. Contractor, for itself and its subcontractors at every tier, hereby provides an enforceable commitment to comply with California Public Contract Code section 2600 et seq., which requires use of a skilled and trained workforce to perform all work on the agreements that fall within an apprenticeable occupation in the building and construction trades.
f. Inspection and Final Acceptance. The Services shall be performed to the satisfaction of City. City may inspect and accept or reject any of Contractor’s work under this Agreement, during performance and/or when completed. City shall reject or finally accept Contractor’s work within forty five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 4 and Section 5, pertaining to insurance and indemnification, respectively.
1.4 Assignment of Personnel. Contractor shall assign only competent personnel to perform the Services. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
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1.5 Time. Time is of the essence in the performance of this Agreement.
Contractor shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Contractor’s obligations hereunder. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Scope of Services. When requested by Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writing by the Contract Administrator but not shall not exceed one hundred eighty (180) days cumulatively.
1.6 Force Majeure. The time period(s) specified in the Scope of Services 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 Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Contractor shall within ten (10) days of the commencement of such delay notify the Contract Administrator in writing of the causes of the delay. The Contract Administrator shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the sole judgment of the Contract Administrator such delay is justified. The Contract Administrator’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of this Agreement pursuant to this Section.
1.7 Suspension of Services. The City Engineer of City (“Engineer”) shall have the authority to suspend the Services, wholly or in part, for such period as the Engineer may deem necessary, due to unsuitable weather or to such other conditions as are considered unfavorable for the suitable prosecution of the Services, or for such time as the Engineer may deem necessary due to the failure on the part of Contractor to carry out orders given or to perform any provisions of the Services. Contractor shall immediately comply with the written order of the Engineer to suspend the Services wholly or in part and shall not resume the Services until ordered to do so in writing by the Engineer. Such suspension shall be without liability to Contractor on the part of City. In the event a suspension of work is ordered because of failure on the part of Contractor to carry out orders given or to perform any provisions of the Services, such suspension of the Services shall not relieve Contractor of responsibility to complete the Services within the time limit set forth herein and shall not be considered cause for extension of the time for completion and, further, such suspension of the Services shall not entitle Contractor to any additional compensation.
1.8 Familiarity with Work and Worksite. By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii)
Contract Services Agreement | 5
fully understands the facilities, difficulties, and restrictions attending performance of the Services. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of the Services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform City of such fact and shall not proceed until written instructions are received from the Contract Administrator.
1.9 Further Responsibilities of the Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless otherwise specified in this Agreement, neither Party shall be responsible for the service of the other.
SECTION 2. COMPENSATION.
2.1 Contract Amount. City hereby agrees to pay Contractor a sum not to exceed ONE HUNDRED FIFTY-NINE THOUSAND DOLLARS ($159,000) notwithstanding any contrary indications that may be contained in Contractor’s proposal or bid, for the Services to be performed and reimbursable costs incurred under this Agreement. This compensation may be administratively adjusted pursuant to Section
8.4 herein. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Contractor for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified in this Section 2 shall be the only payments from City to Contractor for the Services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein.
2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with specified tasks or the percentage of completion of the Services, (iii) payment for time and materials based upon Contractor’s rates as specified in the Scope of Services, provided that time estimates are provided for the performance of subtasks, or (iv) such other methods as may be specified in the Scope of Services. In no event shall compensation exceed the amount set forth in Subsection 2.1.
2.3 Invoices. Contractor shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Subcontractor charges shall also be detailed by such categories. Invoices shall contain:
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a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Principals’ signatures.
Invoices shall be submitted to:
City of Yorba Linda
Attn: Jesse Gutierrez, Assessment District
Superintendent
4845 Casa Loma Ave
Yorba Linda, CA 92886
2.4 City Payment of Invoices. City shall independently review each invoice submitted by Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission.
Pursuant to California Public Contract Code Section 20104.50, Contractor is notified that for public works Services, City’s failure to pay undisputed and properly submitted invoices within thirty (30) days shall be subject to interest at the legal rate set forth in Code of Civil Procedure Section 685.010. Any invoice for public works Services determined not to be a proper invoice suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) days, after receipt. An invoice returned pursuant to the foregoing shall be accompanied by a writing stating the reasons why the invoice is not proper.
2.5 Retention of Funds, Final Payment.
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a. Contractor hereby authorizes City, in the sole discretion of the Contract Administrator, to retain and deduct from any amount payable to Contractor not exceeding five percent (5%) of the total compensation The retained funds shall be paid to Contractor within sixty (60) days after final acceptance of the Services by the City and after Contractor has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Contractor from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Contractor to insure, indemnify, and protect City as provided in this Agreement. b. Notwithstanding Paragraph a, California Public Contract Code Section 22300 permits the substitution of securities for any retention monies withheld by City for public works Services. At the request and expense of Contractor, securities equivalent to the monies withheld shall be deposited with City, or with a state or federally chartered bank in California as the escrow agent, who shall then pay such monies to Contractor. City retains the sole discretion to approve the bank selected by Contractor to serve as escrow agent. Upon satisfactory completion of the Services, the securities shall be returned to Contractor. Securities eligible for investment shall include those listed in Government Code Section 16430. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. In the alternative, under California Public Contract Code Section 22300, Contractor may request City to make payment of earned retention monies directly to the escrow agent at the expense of Contractor. Also at Contractor’s expense, Contractor may direct investment of the payments into securities, and Contractor shall receive interest earned on such investment upon the same conditions as provided for securities deposited by Contractor.
Upon satisfactory completion of the Services, Contractor shall receive from the escrow agent all securities, interest and payments received by escrow agent from City pursuant to the terms of California Public Contract Code Section 22300.
2.6 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.
2.7 Hourly Fees. Fees for the Services performed by Contractor on an hourly basis shall not exceed the amounts shown on Exhibit A.
2.8 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement. Reimbursable expenses not listed in Exhibit A must be approved in advance by the Contract Administrator, in his or her sole discretion.
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Contractor shall not be entitled to any additional compensation for the attendance of meetings reasonably deemed necessary by City for the execution of the Services.
2.9 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.10 Payment upon Termination. In the event that City or Contractor terminates this Agreement pursuant to Section 8, City shall compensate Contractor for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination.
Contractor shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
2.11 No Waiver. Payment to Contractor for Services performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
SECTION 3. FACILITIES AND EQUIPMENT.
3.1 Contractor Provides Facilities and Equipment. Except as otherwise provided, Contractor shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense.
3.2 Utility Relocation. Where applicable, pursuant to California Government Code Section 4215, City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contractor for any costs incurred in locating, repairing damage not caused by Contractor, and removing or relocating such unidentified utility facilities. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.
3.3 Trenches or Excavations. Pursuant to California Public Contract Code Sections 6705 and 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply. a. Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
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b. If the Services involve an estimated expenditure in excess of TwentyFive Thousand Dollars ($25,000) for the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall submit for acceptance by the City Engineer, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. c. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue an order or amendment for additional services pursuant to Subsection
8.4 or 8.5 of this Agreement.
d. If a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement.
Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the Parties.
SECTION 4. INSURANCE AND BOND REQUIREMENTS.
Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certified copies of insurance policies and original endorsements, indicating that Contractor has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Contractor shall also deliver the payment and performance bonds required by this Section 4 with City. Contractor shall maintain the insurance policies required by this Section throughout the term of this Agreement. The cost of such insurance shall be included in Contractor’s compensation.
Contractor shall not allow any subcontractor, Contractor or other agent to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City, and has delivered the required bonds to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Contractor acknowledges the insurance policy must cover inter-insured suits between City and other insureds. Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Contractor may be held responsible for the payment of damages to any persons or property resulting from Contractor’s activities or the activities of any person or persons for which Contractor is otherwise responsible nor shall it limit Contractor’s indemnification liabilities as provided in Section 5. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in
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the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator in the Contract Administrator’s sole discretion. If this Agreement continues for more than three (3) years duration, or in the event the Contract Administrator determines that the Services to be performed under this Agreement creates an increased or decreased risk of loss to City, Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 4 may be changed accordingly upon receipt of written notice from the Contract Administrator; provided that Contractor shall have the right to appeal a determination of increased coverage by the Contract Administrator to the City Council of City within ten (10) days of receipt of notice from the Contract Administrator.
4.1 Workers’ Compensation. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000) per accident, ONE MILLION DOLLARS ($1,000,000) disease per employee, and ONE MILLION DOLLARS ($1,000,000) disease per policy. In the alternative, Contractor may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Contractor, if a program of self-insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.
Pursuant to California Labor Code Section 1860, Contractor is required to secure the payment of compensation to Contractor’s employees. Pursuant to California Labor Code Section 1861, Contractor hereby submits to City the following:
I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
Contractor Initial: _______
4.2 Commercial General and Automobile Liability Insurance. a. General Requirements. Contractor, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000) general 2905/009410-1001
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aggregate, and TWO MILLION DOLLARS ($2,000,000) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, leased, and non-owned automobiles. b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9 including “any auto” and endorsement CA 0025 or equivalent). No endorsement shall be attached limiting the coverage.
c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) The policy must cover inter-insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately. (iii) The insurance must be maintained for at least one (1) year following the completion of the Services or the expiration or termination of this Agreement. (iv) Any failure of Contractor to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
4.3 Professional Liability Insurance.
a. General Requirements. Contractor, at its own expense, shall maintain professional liability insurance appropriate to Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to the Services performed under this Agreement. The insurance must be maintained for at least five (5) consecutive years following the completion of the Services or the expiration or termination of this Agreement. During this additional five (5)-year period, Contractor shall annually and upon request of City submit written evidence of this continuous coverage.
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b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Contractor must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Contractor’s sole cost and expense, any extended reporting provisions of the policy, if Contractor cancels or does not renew the coverage. (iii) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.
4.4 Pollution Liability Insurance. Contractor, at its own expense, shall maintain pollution liability insurance written on a per occurrence for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than ONE MILLION DOLLARS ($1,000,000) per pollution incident and ONE MILLION DOLLARS ($1,000,000) in the general aggregate. The policy shall apply to any incidents at or from any location on which Contractor performs the Services under this Agreement. The insurance must be maintained for at least one (1) year following the completion of Contractor’s services or the expiration or termination of this Agreement.
4.5 All Policies Requirements.
a. Verification of Coverage. Prior to beginning the Services under this Agreement, Contractor shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference: HIDDEN HILLS MONUMENT RESTORATION PROJECT. The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Yorba Linda, 4845 Casa Loma Ave, Yorba Linda, CA 92886. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Contractor. b. Notice of Reduction in or Cancellation of Coverage. Contractor shall provide written notice to City within ten (10) working days if (1) any of the required
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insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator. c. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Contractor, including the insured’s general supervision of Contractor; products and completed operations of Contractor, as applicable; premises owned, occupied, or used by Contractor; and automobiles owned, leased, or used by Contractor in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against City, its officers, employees, agents, authorized volunteers, and their respective insurers. d. Deductibles and Self-Insured Retentions. Contractor shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services. During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Contractor may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Contractor procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. e. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
f. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.
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4.6 Payment and Performance Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City a payment (labor and materials) bond and a performance bond, each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secure the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of this Agreement and shall be null and void only if Contractor promptly and faithfully performs all terms and conditions of this Agreement. Payment and performance bonds shall be secured from a surety company rated Grade “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator due to unique circumstances, and shall be authorized to write such bonds in the State of California. Contractor shall pay all bond premiums, costs, and incidentals.
Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under this Agreement may be permitted at the request and expense of Contractor. Without limiting the foregoing, Contractor understands that Civil Code Section 9550 requires a payment bond for all public works contracts involving an expenditure of more than Twenty-Five Thousand Dollars ($25,000).
4.7 Remedies. In addition to any other remedies at law or equity City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties
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of any kind (including costs and expenses incurred by City and reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Contractor fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Contractor, its officers, agents, employees, or subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this Agreement.
5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. Contractor will promptly pay any judgment rendered against City, its officers, agents, or employees for any such Claims arising out of or in connection with the performance of or failure to perform such Services, operations or activities of Contractor hereunder.
5.3 Subcontractors. Contractor shall incorporate similar indemnity agreements with its subcontractors. Contractor shall be fully responsible to indemnify City, and failure of City to monitor compliance with these provisions shall not be a waiver hereof.
5.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity. In the event any applicable law contains a limitation on indemnification under this Agreement, such limitation shall supersede the provisions herein only to the extent required by said law.
SECTION 6. INDEPENDENT CONTRACTOR.
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.4; however, otherwise City shall not have the right to control the means by which Contractor accomplishes the Services rendered pursuant to this Agreement. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for
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the fees paid to Contractor as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contractor 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 with only such obligations as are consistent with that role.
City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Contractor and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Contractor shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contractor shall require the same of all subcontractors.
7.3 Prevailing Wages. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Contractor shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. a. Public Work. Contractor hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Contractor, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the California Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and
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operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Contractor shall bear all risks of payment or non-payment of state and/or federal prevailing wages and/or the implementation of California Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Contractor’s failure to pay prevailing wages. b. California Labor Code. The Contractor’s attention is directed to Division 2, Part 7, Chapter 1 of the California Labor Code and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the California Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022- 1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Contractor shall post a copy of the prevailing rate of per diem wages at each job site. (ii) Contractor is aware of and will comply with the provisions of California Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to California Labor Code Section 1771.4, Contractor must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
(iii) Pursuant to California Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to California Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay.
(v) Pursuant to California Labor Code Section 1813, it is stipulated hereby that Contractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Contractor or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the California Labor Code. (vi) Contractor is aware of and will comply with the provisions of California Labor Code Sections 1777.5 and 1777.6 with respect to the employment of
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apprentices. Pursuant to Section 1777.5 it is hereby stipulated that Contractor will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Contractor in connection with this Agreement. (vii) Pursuant to California Labor Code Section 1775, it is hereby stipulated that Contractor shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Contractor or any sub-consultant or subcontractor.
c. Bidding Eligibility. Pursuant to California Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. Pursuant to California Public Contract Code Section 6109, Contractor may not perform any Services hereunder with a subcontractor who is ineligible to perform the Services pursuant to Section 1777.1 or 1777.7 of the California Labor Code.
d. DIR Monitoring. Pursuant to California Labor Code Section 1771.4, Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Contractor or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of California Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Contractor or any party performing the Services to provide any required disclosure or identification as required by California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
7.4 Licenses and Permits, Fees, and Assessments. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services.
In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties
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and interest, which may be imposed by law and arise from or are necessary for Contractor’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.
7.5 Conflicts of Interest. Contractor represents, warrants, and covenants that Contractor presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement. Contractor further agrees that while this Agreement is in effect, Contractor shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement.
7.6 Unfair Business Practices Claims. In entering into this Agreement, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contractor without further acknowledgment of the Parties.
7.7 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Contractor acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.
7.8 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contractor and its sureties shall be liable for and shall pay to City the sum of FIVE HUNDRED DOLLARS ($500) as liquidated damages for each working day of delay in the performance of any of the Services. City may withhold from any monies payable on account of the Services performed by Contractor any accrued liquidated damages.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may terminate this Agreement at any time and without cause upon thirty (30) days’ written notification to Contractor. City may also terminate this Agreement pursuant to Subsection 8.8.
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8.2 Termination by Contractor. Contractor may terminate this Agreement upon sixty (60) days’ written notice to City.
8.3 Consequences of Termination. In the event of termination, Contractor shall be entitled to compensation for the Services satisfactorily performed up to the date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all materials provided to Contractor or prepared by or for Contractor or City in connection with this Agreement. Upon receipt of any notice of termination, Contractor shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Administrator.
8.4 Administrative Change Orders. 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 extra work may be undertaken unless a written change order is first given by the Contract Administrator to Contractor, incorporating therein any adjustment in (i) the total compensation, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contractor. Any increase in compensation of up to five percent (5%) of the total compensation or TWENTY-FIVE THOUSAND DOLLARS ($25,000), whichever is less; or in the time to perform of up to one hundred eighty (180) days may be approved in writing by the Contract Administrator. Contractor understands and agrees that, if City grants an extension in time without additional work, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period. All other extensions or modifications to this Agreement shall require a written amendment pursuant to Subsection 8.5.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. The Contract Administrator shall have the authority to execute amendments to this Agreement which do not materially change the terms hereof, in the Contract Administrator’s discretion, to the extent permitted by applicable federal, state, and local law. The Contract Administrator may refer any proposed amendment to the City Council for review and approval.
8.6 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor.
Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the Scope of Services, without prior written approval of the Contract
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Administrator. In the event of any unapproved assignment, including in connection with any bankruptcy proceeding, this Agreement shall be void. No approved assignment shall release Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the expiration or termination of this Agreement.
8.8 Disputes, Default. In the event that Contractor is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Contractor for any of the Services performed after the date of default. Instead, City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, in the sole discretion of the Contract Administrator. During the period of time that Contractor is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement;
c. Retain a different contractor to complete the Services; and/or d. Charge Contractor the difference between the cost to complete the Services that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the Services.
Any failure on the part of City to give notice of Contractor’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.
8.9 Claims by Contractor. Claims, as that term is defined in California Public Contract Code Section 9204, by Contractor and, where applicable, any subcontractor, in connection with a public works project shall by subject to the mediation procedure in California Public Contract Code Section 9204.
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SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Documents and Data. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium (the “Documents and Materials”) prepared or caused to be prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Administrator or upon the expiration or termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contractor will be at City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, revise, or assignment. Contractor may retain copies of such Documents and Materials for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.
9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all of the Documents and Materials. Contractor makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contractor or provided to Contractor by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
9.3 Records. Contractor shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Administrator to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Administrator
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shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the Books and Records may be given to City, and access shall be provided by Contractor’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
9.4 Reports. Contractor shall periodically prepare and submit to the Contract Administrator such reports concerning the performance of the Services required by this Agreement as the Contract Administrator shall require. Contractor hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Administrator of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
9.5 Confidentiality. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law. Contractor, its officers, employees, agents, or subcontractors, shall not, without prior written authorization from the Contract Administrator or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement. If Contractor, or any officer, employee, agent, or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any Claims caused by or incurred as a result of Contractor’s conduct.
Contractor shall promptly notify City should Contractor, 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 party regarding this Agreement and the Services performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any 2905/009410-1001
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such response does not imply or mean the right by City to control, direct, or rewrite said response. Response to a subpoena or court order shall not be considered a voluntary disclosure so long as Contractor gives City notice of such court order or subpoena as provided herein. Contractor understands and agrees that it may be required to provide documents to the City to be produced in response to a Public Records Act request.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver. 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.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Contractor Principals and Representatives. The following principals of Contractor (“Principals”) are hereby designated as being the principals and
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representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
(Name) (Title)
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability, and reputation of the Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.
10.8 City Contract Administration. This Agreement shall be administered by a City employee, Monse Garcia del Rio, Maintenance Contract Administrator (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. It shall be Contractor’s responsibility to assure that the Contract Administrator is kept informed of the progress of the performance of the Services and Contractor shall refer any decisions which must be made by City to the Contract Administrator. Unless otherwise provided by applicable law, the Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement.
Unless otherwise provided in this Agreement, Contractor shall not accept direction or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Contractor shall be sent to:
BravoSign & Design, Inc.
Attn: Frank Fiore, President
520 S. Central Park Ave.
E. Anaheim, California, 92802
Any written notice to City shall be sent to the Contract Administrator at:
City of Yorba Linda
4845 Casa Loma Ave
Yorba Linda, CA 92886
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Attn: Monse Garcia del Rio, Maintenance Contract Administrator with a copy to:
City Clerk
City of Yorba Linda
4845 Casa Loma Ave
Yorba Linda, CA 92886
Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
10.10 Rights and Remedies. 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.
10.11 Integration, Interpretation. This Agreement, including Exhibits A and B, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral.
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 or any other rule of construction which might otherwise apply.
10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.13 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.
10.14 Nondiscrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation,
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national origin, or ancestry. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.15 No Third Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.16 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
10.17 No Undue Influence. Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Contractor, or from any officer, employee, or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.18 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or subagreement, or the proceeds thereof, for the Services to be performed under this Agreement.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF YORBA LINDA
Peter Grant, City Manager
Attest:
Marcia Brown, City Clerk
Sunny Han, Finance Director
Approved as to Form:
Todd Litfin, City Attorney
CONTRACTOR: Bravo Sign & Design,
Inc.
«Contractor_Signature_1»
«Contractor_Signature_2»
[Note: 2 officer’s signatures required if
Contractor is a corporation, unless
provided with a certificate of secretary inlieu]
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EXHIBIT A
EXHIBIT A
SCOPE OF SERVICES
Services shall include HIDDEN HILLS MONUMENT RESTORATION PROJECT services, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, in the amount not to exceed ONE HUNDRED FIFTY-NINE THOUSAND DOLLARS ($159,000) as further detailed in the attached pages (if any). If the Services include Services pursuant to a request for proposals or bid, the Services shall include the work contemplated by the entire “Bid Package” or “Request for Proposals” for the Services, including all plans, addenda, documentation, and specifications attached thereto. A copy of the Bid Package and/or Request for Proposals, as applicable shall be retained with a copy of this Agreement.
Contractor shall keep a copy of the same for at least three (3) years following termination of this Agreement.
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: FEBRUARY 3, 2026
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: NATE FARNSWORTH, COMMUNITY DEVELOPMENT DIRECTOR
PREPARED BY: JEFF MCIVER, BUILDING OFFICIAL
SUBJECT: APPROVE A DEMOLITION PERMIT FOR 4831 COLLINS LANE
RECOMMENDATION
Approve a demolition permit for 4831 Collins Lane.
DISCUSSION
The applicant proposes to demolish an existing single-story, 2,900 square foot single family residence and attached 984 square foot garage on a 1.2-acre lot at 4831 Collins Lane to construct a single story, 6,072 square foot single family residence. The residence is not historically significant. An asbestos survey was completed and submitted to the South Coast Air Quality Management District.
The property also contains a 990 square foot detached accessory dwelling unit with an attached garage and a 1,249 square foot detached garage which will not be demolished at 4821 Collins Lane. The applicant has acknowledged that accessory structures require a primary residence and provided a construction timeline that demonstrates the demolition permit for the main residence will not be issued until plans for the replacement residence are approved and a building permit is issued. Demolition is expected in June 2026, with construction starting in July 2026.
FISCAL IMPACT
None.
ALTERNATIVES
The City Council could deny the demolition permit and provide alternative direction.
ATTACHMENTS
1. Demolition Permit Request Letter
2. Demolition Site Plan
3. Asbestos Survey Report
APPROVE A DEMOLITION PERMIT FOR 4831 COLLINS LANE
P a g e | 2
4. Parcel Photo
5. Front Elevation Photo
City of Yorba Linda Building Division
4845 Casa Loma Ave.
Yorba Linda, California 92886
Date: December 15, 2025
RE: ApplicaƟon for demoliƟon of a single-family residence 4831 Collins Lane
SubmiƩal Package
DemoliƟon Request LeƩer
DemoliƟon Plan Proposal
Site Aerial Photo
Front ElevaƟon Photo
Site Plan with UƟlity LocaƟons
Asbestos Survey Report
Erosion Control Plan
South Coast AQMD ExcepƟon to Asbestos NoƟficaƟon Requirement Building Permit SubmiƩal Form
Mailing Labels for Adjacent ProperƟes
REMARKS:
Enclosed please find the applicaƟon and required documentaƟon for the request for demoliƟon of an exisƟng one story, (4) bedroom, (3 ½) bath, single family residence with an aƩached garage, located at 4831 Collins Lane. The residence is wood framed with exterior wood siding, and is located on a 1.2 acre lot. The property is connected to Southern California Edison, Southern California Gas, Yorba Linda Water District, and the City’s sanitary sewer system.
The property also has an exisƟng 990 square foot ADU with a two car garage located at the rear of the lot, along with an exisƟng detached 1,249 square foot garage located in the southeast porƟon of the property. Both the ADU and the detached garage will remain and will not be demolished.
Mailing labels for the owners of the properƟes adjacent to 4831 Collins Lane were given to a City of Yorba Linda building department representaƟve on December 15, 2025.
An Asbestos Survey was completed on November 10, 2025 by Quantum Environmental TesƟng, Inc. Sixty-six samples were tested and asbestos material was located only in a hallway closet where the water heater is located. The material to be removed is less than 100 square feet in size, and because of the small amount South Coast AQMD does not require noƟficaƟon for this asbestos removal. (A copy of the excepƟon informaƟon is included in this package) NoƟficaƟon to the South Coast AQMD will only be required for the demoliƟon under Rule 1403.
The site plan included with this applicaƟon contains informaƟon idenƟfying the locaƟon of electrical, water, natural gas and sewer lines servicing the property. The plan shows the locaƟon where these uƟliƟes will be capped prior to demoliƟon and during construcƟon of the new residence. The overhead Edison electrical lines feeding the current residence will be removed prior to demoliƟon, and a temporary power pole will be installed near the detached garage. The temporary power pole will be connected to an Edison pole in the rear yard of an adjacent home on the south side of the property. An Edison planner has already been assigned to assist with this upcoming project. He has visited the property and provided informaƟon regarding seƫng the temporary power pole and how it will be connected. Electricity for the ADU on the property is supplied by a separate service and is not affected by the demoliƟon.
AddiƟonal exisƟng structure informaƟon:
One-story living area: 2,900 sq Ō
AƩached garage: 984 sq Ō
Total square footage: 3,884 sq Ō
Lot area: 52,620 sq Ō
ConstrucƟon type: V-B
Number of stories: (1)
Historical significance: N/A
Should you have any quesƟons regarding this applicaƟon, please contact me directly.
Mike Pera (project contact)
714-335-7890
[email protected]
PLANNING COMMISSION | AGENDA ITEM SUMMARY
MEETING DATE | JANUARY 28, 2026
Community Development Department
Planning Division
Director
Nate Farnsworth, AICP
4.1 APPROVAL OF JANUARY 14, 2026, PLANNING COMMISSION MEETING MINUTES A motion by Commissioner Behura, second by Chair Pro Tem Goldfarb, to approve the minutes as drafted. The motion carried (5-0) with the following roll call vote:
AYES: Behura, Bernstein, Chavez Marquez, Goldfarb, Masterson NOES: None
ABSENT: None
ABSTAIN: None
7.1 MEMO FOR CONTINUED PUBLIC HEARING APPEAL FOR CONDITIONAL USE PERMIT 2024-42 – TIRA
PROPERTY ADDRESS: 4895 SUNBEAM LANE
An appeal, pursuant to Section 18.38.080.D of the Yorba Linda Zoning Code, to the Zoning Administrator’s approval of a request to construct a 911 square foot second-story addition to an existing 6,339 square foot two-story single-family residence, the area of construction within seventy feet (70’) of another single-family residence.
A motion by Chair Pro Tem Goldfarb, second by Commissioner Bernstein, adopting Resolution No. 5657 to deny the appeal and uphold the Zoning Administrator approval of Conditional Use Permit 2024-42 Tira with modifications to size and design subject to attached conditions. The motion carried (5-0) with the following roll call vote:
Speakers in favor: 0
Speakers in opposition: 0
AYES: Behura, Bernstein, Chavez Marquez, Goldfarb, Masterson NOES: None
ABSENT: None
ABSTAIN: None
8.1 DESIGN REVIEW 2025-15 CHASE BANK
PROPERTY ADDRESS: 18461 YORBA LINDA BOULEVARD
A request for architectural and site plan review for the construction of a new 1-story Chase Bank with approximately 3,000 square feet of floor area with a walk-up ATM terminal.
A motion by Commissioner Chavez Marquez, second by Commissioner Behura, to continue the item to a date certain of February 25, 2026. The motion carried (5-0) with the following roll call vote:
Speakers in favor: 0
Speakers in opposition: 0
AYES: Behura, Bernstein, Chavez Marquez, Goldfarb, Masterson NOES: None
ABSENT: None
ABSTAIN: None
Adjournment: The meeting adjourned at 8:25 p.m. to February 11, 2026, Planning Commission meeting at 6:30 p.m.
CITY CLERK'S OFFICE
DATE: FEBRUARY 3, 2026
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MARCIA BROWN, CMC, CITY CLERK
SUBJECT: COUNCIL COMMITTEE AND AGENCY REPORTS
RECOMMENDATION
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
CITY C O U N C I L C O M M I T T E E A N D A G E N C Y R E P O R T S No Committee or Agency reports were submitted by deadline.
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: FEBRUARY 3, 2026
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: NATE FARNSWORTH, DIRECTOR OF COMMUNITY DEVELOPMENT PREPARED BY: GABRIEL DIAZ, ASSOCIATE PLANNER
SUBJECT: UPHOLD PLANNING COMMISSION APPROVAL OF TENTATIVE TRACT MAP 19389 – CITY VENTURES
RECOMMENDATION
1. Uphold the Planning Commission’s approval of Tentative Tract Map 19389 and adopt Resolution No. 2026-5970.
2. Consider a request from Mayor Pro Tem Huang to waive any appeal fees for the appellant beyond the initial $1,000 deposit.
EXECUTIVE SUMMARY
On December 10, 2025, the Planning Commission approved a 62-unit townhome development at 19801 Yorba Linda Blvd. The Planning Commission’s approval was appealed on December 18, 2025.
Voters zoned the property for 20 units/acre (53 units in total) in November 2024 with the approval of Measure JJ. State Density Bonus Law allows the applicant to exceed City zoning limits (by up to 12 units) and requires the City to waive various development standards.
It is recommended that the City Council uphold the Planning Commission’s approval because the voter-approved 2021-2029 Housing Element establishes 19801 Yorba Linda Blvd as a housing opportunity site and because the project is consistent with State law.
DISCUSSION
Housing Accountability Act and State Density Bonus Law
Over the last several years, the State Legislature enacted several news laws aimed at addressing California’s ongoing housing crisis. These laws include updates to the Housing
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Accountability Act (HAA), the Housing Crisis Act, and State Density Bonus Law.
Combined, these laws limit local land authority and restrict the City Council’s control over housing.
Key limitations on local land use authority imposed by the Legislature include:
1. The HAA limits qualifying projects to a maximum of five hearings. A hearing is broadly defined to include workshops, preliminary reviews, and continuances. For this project, the Traffic Commission and Planning Commission held a joint meeting on November 12, 2025, followed by a Planning Commission hearing on December 10, 2025 and now, the February 3, 2025 City Council hearing. If the City conducts more than five hearings on the project, it constitutes a violation of the HAA.
2. The HAA limits local agencies’ ability to deny qualifying projects or impose conditions that reduce project density. Specifically, the local agency must find that the project would have a specific, adverse impact on public health or safety, defined as a significant, quantifiable, direct, and unavoidable impact based on objective, written public health or safety standards in effect when the application was deemed complete, and that there is no feasible method to satisfactorily mitigate or avoid the identified impact other than disapproving the project or approving it at a lower density.
Unfortunately, many impacts and arguments that are important to the City and residents do not meet the legal threshold for denial, including:
Impacts on private views
Concerns that a project does not fit within the neighborhood character Concerns related to crime
Impacts on property values
Traffic congestion
Parking shortfalls (based on local standards)
State law requires that an objective analysis must clearly demonstrate that a project would create a significant and unavoidable impact that violates an adopted health and safety standard.
The HAA makes it extraordinarily difficult for local agencies to make the findings required to deny a housing project and the City’s analysis of this project concludes that there are no qualifying reasons to deny the project.
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It is reasonable to expect that a City Council decision to grant the appeal and overturn the Planning Commission’s approval will be challenged. The challenge would likely result in litigation. State law pertaining to housing litigation makes it difficult for cities to prevail in such litigation.
The challenge could also result in:
A court order approving the project without conditions Notices of Violation from the California Department of Housing and Community Development and potential risks to the City’s Housing Element on the basis that it is not being implemented and/or its programs are not effective
Local land use regulations and zoning being overridden and housing being developed on any qualifying site under State “Builder’s Remedy” laws
3. Because three of the project’s 62 units are set aside for very low-income households. State Density Bonus Law requires the City to allow:
A 22.5% density bonus. This bonus increases the number of units allowed on the 2.65-acre site from 53 to 65. The project includes nine density bonus units
One incentive/concession. The project provides parking at a lower rate applicable to qualified density bonus developments. The project includes 137 parking spaces - 15 more than required by State law, but 80 fewer than required by City standards
Development standard waivers where the standard would physically preclude the construction of the project at the allowed density. The project includes waivers for setbacks, landscaping, and perimeter wall heights When a project meets State affordability requirements, local agencies are mandated to approve the density bonus, incentive/concession, and development standard waivers unless there are objective and specific health and safety impacts.
The Project
Yorba Linda 3 Inv. LLC (City Ventures) has applied to build 62 townhomes on 2.65 acres.
The project includes 33 three-bedroom/three-bathroom units, and 29 four-bedroom/fourbathroom units across 12 three-story buildings. Units range from 1,363 to 1,639 square feet and are generally configured with ground level parking, a family room, kitchen/dining area, ground floor outdoor patios, and second floor balconies. Access to the project is from a new entrance on Yorba Linda Blvd.
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The project site consists of one flag lot parcel (APN: 323-081-35) east of Ohio Street, west of Palm Avenue and north of Yorba Linda Boulevard. The site is generally bound by a trail easement and single-family homes to the north/northeast, Jessamyn West Park to the east, and the North County Chabad Center to the west.
More details about the project are included in the attached Planning Commission reports.
Summary of Planning Commission Action
The Planning Commission approved the project on December 10, 2025, following a joint Traffic Commission and Planning Commission public hearing on November 12, 2025. At both public hearings, Commissioners discussed traffic, circulation, safety, parking, landscaping, and building height. In between the November and December hearings, City Ventures met with Commissioners, residents, and staff to revise plans, prepare new studies, and explore alternatives.
Summary of Changes to the Project Following
Traffic Commission and Planning Commission Public Hearings Topic Response
Traffic, Circulation,
and Safety
Provided a gap study and line of sight analysis supporting the feasibility and safety of exiting the site
Agreed to “no left turn” signage, bollards, a right turn only divider, and a $50,000 surety bond for street median
improvements (Condition#156 NEW)
Analyzed Chabad Center, Jessamyn West Park, and Club
Terrace Drive to confirm offsetting peak traffic demand Parking
Reconfigured the site to add one parking space
Added a parking management and enforcement plan in the CC&Rs, including assigned resident parking, guest parking signage, enforcement authority and towing procedures,
prohibiting converting garages to storage/living space, restricting off-site overnight parking, and requiring adhesive stickers on residents’ vehicles (Condition #158 NEW)
Agreed to submit a parking utilization study and an overflow parking observation memorandum post-occupancy
(Condition #159 NEW)
Agreed to make a good faith effort agreement to secure a shared special event parking agreement with nearby
property owners (Condition #160 NEW)
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Landscaping and
Privacy
Reconfigured the site to accommodate larger 36-inch box trees along the rear property line and align tree locations to enhance privacy (Condition #131)
Incorporated solid/opaque screening materials on secondstory balconies/decks facing single family homes (Condition #157 NEW)
Fire Access
Confirmed with OCFA that the site plan is approved inconcept, has no observable site design issues, and requires standard Fire Master Plan (Condition #154)
A copy of the reports and minutes from the November 12 joint Traffic Commission and Planning Commission meeting and December 10 Planning Commission meeting are attached.
Appeal
On December 18, 2025, Mr. Gary Devian appealed the Planning Commission’s approval of Tentative Tract Map 19389, citing unresolved concerns with parking, circulation, traffic, safety, density, and fire safety. The appeal is attached.
Although only Tentative Tract Map 19389 was appealed, the City Council has the discretion to consider all aspects of the project. Because approval of the Conditional Use Permit and Design Review Application are contingent upon the Tentative Tract Map should the City Council not approve the Tentative Tract Map the other entitlements would be null and void.
The City has received public comments regarding the project (attached). In general, the comments identified the following concerns:
1) Density and neighborhood compatibility. Neighborhood character is not a lawful basis for denying the project. State law prohibits denial based on subjective compatibility concerns
2) Traffic, parking, pedestrian safety, and evacuation impacts. Traffic and safety concerns were analyzed and do not meet the legal standard for denial. No substantial evidence of a specific, unavoidable, adverse impact on public health or safety has been demonstrated
3) The project should be relocated. The City cannot require relocation of a private project. Requiring relocation would be an unlawful denial 4) Affordable housing occupants. Affordable housing tenant screening is governed by various state and federal laws. The City cannot impose additional requirements and
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cannot deny the project based on concerns about who might live in affordable housing
5) The project exceeds Measure JJ density. More than 90% of Yorba Linda voters approved Measure JJ in November 2024, allowing the City to meet its housing obligations while safeguarding local control over land use decisions. The zoning established in Measure JJ permits 53 units to be built on this site (20 units/acre on the 2.65-acre site). However, the zoning limits set in Measure JJ, like those in every California city, are subject to State law. Because the project provides affordable housing, the project qualifies for State Density Bonus Law that allows increased density
6) The project’s environmental review is inadequate. The project has been fully analyzed as required by the California Environmental Quality Act (CEQA) and no additional information has been provided that demonstrates the CEQA analysis was incomplete/inadequate
In summary, the project complies with State law, and it is recommended that the City Council uphold the Planning Commission’s approval of the project.
FISCAL IMPACT
The appellant was required to submit a $1,000 deposit for the appeal. Staff time to process the appeal is charged against the deposit and the appellant is obligated to reimburse the City for the cost of the appeal. Mayor Pro Tem Huang requests that the City Council waive any appeal fees beyond the initial $1,000 deposit fee pursuant to Municipal Code §18.36.830. The cost to process the appeal is estimated to be $10,000.
ENVIRONMENTAL ANALYSIS
The project site was evaluated as part of the 2021-29 Housing Element Program Environmental Impact Report (PEIR). The PEIR identified significant and unavoidable impacts related to air quality, greenhouse gas emissions, and noise, and the City Council adopted findings and statements of overriding considerations in accordance with CEQA to approve the Housing Element. Following revisions to the Housing Element in response to Measure B and community input, an Addendum to the PEIR concluded that the revisions would not result in new or substantially more severe environmental impacts.
The project is a subsequent action within the scope of the certified PEIR and Addendum.
The City has determined that the project’s environmental effects were adequately analyzed in those documents and that applicable mitigation measures will reduce impacts to less-than-significant levels. A CEQA consistency analysis further confirmed that the project would not introduce new significant impacts or substantially increase previously identified impacts, and therefore no supplemental environmental documentation is
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required.
ALTERNATIVES
Alternatively, the City Council may:
1. Approve the project with additional modifications/conditions of approval
2. Continue the item to a future City Council meeting
3. Establish findings for a Resolution of Denial, for consideration at the next regular City Council meeting. Under the HAA, the City Council must find that the project would result in a specific, adverse impact on public health or safety that cannot feasibly be mitigated
ATTACHMENTS
1) Project Plans
2) Vicinity Map
3) Applicant Narrative Letter
4) Community Meeting Response
Traffic & Parking
5) Traffic Impact Analysis
6) Traffic Impact Analysis Appendices
7) Parking Compliance Memo
8) Parking Demand Analysis Memo
9) Level of Service Screening Memo
Environmental
10) Environmental Analysis
11) Project Geotechnical Report
12) Phase I Report
13) Phase II Report
14) Preliminary Hydrology Report
15) Preliminary WQMP
16) Project GHG Report
17) Project Biological Resources Assessment
18) Noise & Vibration Analysis
Resolutions and Conditions
19) Tentative Tract Map 19389 Appeal Resolution 2026-5970, with conditions
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20) Conditions of Approval for Design Review 2025-02
21) CUP 2025-10 Resolution with Exhibit “A” – Conditions of Approval Meeting Reports, Minutes, and Correspondence
22) Joint Traffic & Planning Commission Staff Report- 11/12/25 23) Public Correspondence for Planning Commission Meetings 24) Joint Traffic & Planning Commission Meeting Minutes- 11/12/25 25) Supplemental Traffic Analysis- 12/2/25
26) Continuation Memo for Planning Commission – 12/10/25 27) Planning Commission Meeting Minutes- 12/10/25
28) Tentative Tract Map 19389 Appeal Application- 12/18/25 California Government Code Sections
29) State Density Bonus Law – Cal Gov. Code Sections 65915-65918 30) Housing Accountability Act– Cal Gov. Code Section 65589.5
CONSULTANT INFORMATION KTGY ARCHITECTURE & PLANNING 17911 VON KARMAN AVENUE, SUITE 200 IRVINE, CA 92614 CONTACT: ALAN SCALES PHONE: (949) 221-6256 EMAIL: [email protected] ARCHITECTURE: No. 888.456.5849 | ktgy.com YORBA LINDA & OHIO 20241152 CITY VENTURES SCHEMATIC YORBA LINDA, CA FEBRUARY 3, 2026 COVER A0.00 YORBA LINDA & OHIO. YORBA LINDA, CA DEVELOPER INFORMATION YORBA LINDA 3 INV.LLC 3121 MICHELSON DR., SUITE 150 IRVINE, CA 92612 CONTACT: ALEX ROUNAGHI PHONE: (949) 395-1275 EMAIL: [email protected] C&V CONSULTING , INC. 9830 IRVINE CENTER DRIVE IRVINE, CA 92618 CONTACT: DANE MCDOUGALL PHONE: (949) 916-3800 EMAIL: [email protected] CIVIL: C2 COLLABORATIVE 100 AVINEDA MIRAMAR SAN CLEMENTE, CA 92672 CONTACT: STEVE OH PHONE: (949) 364-6624 x743 EMAIL: [email protected] LANDSCAPE: Page 185 of 2028 PROJECT SITE COMMUNITY CONTEXT (1:150) SHEET INDEX NOTES: 1. PLANS TO BE IN COMPLIANCE WITH: · 2025 CALIFORNIA BUILDING CODE · 2025 CALIFORNIA ENERGY CODE · 2025 CALIFORNIA GREEN BUILDING CODE · 2025 CALIFORNIA PLUMBING CODE · 2025 CALIFORNIA MECHANICAL CODE · 2025 ELECTRICAL CODE. No. 888.456.5849 | ktgy.com YORBA LINDA & OHIO 20241152 CITY VENTURES SCHEMATIC YORBA LINDA, CA FEBRUARY 3, 2026 SHEET INDEX + PROJECT SUMMARY A0.10 Civil Sheet Index Architectural Sheet Index A0.00 - COVER A0.10 - SHEET INDEX + PROJECT SUMMARY A1.00 - SITE PLAN A1.10 - SITE PLAN SETBACKS A1.20 - ADJACENT RESIDENT EXHIBIT A2.00 - BUILDING '400' - 4-PLEX - PERSPECTIVE A2.01 - BUILDING '400' - 4-PLEX - ELEVATIONS A2.02 - BUILDING '400' - 4-PLEX - BUILDING PLANS A2.10 - BUILDING '700' - 7-PLEX - PERSPECTIVE A2.11 - BUILDING '700' - 7-PLEX - ELEVATIONS A2.12 - BUILDING '700' - 7-PLEX - BUILDING PLANS A2.20 - BUILDING '900' - 9-PLEX - PERSPECTIVE A2.21 - BUILDING '900' - 9-PLEX - ELEVATIONS A2.22 - BUILDING '900' - 9-PLEX - BUILDING PLANS A3.00 - UNIT PLANS - PLAN 1 A3.10 - UNIT PLANS - PLAN 2 A3.11 - UNIT PLANS - PLAN 2 OPTIONS A4.00 - TRASH ENCLOSURE ELEVATIONS Landscape Sheet Index L-1 - OVERALL CONCEPTUAL LANDSCAPE PLAN L-2 - DESIGN IMAGERY L-3 - CONCEPTUAL OPEN SPACE ENLARGEMENT L-4 - WALL AND FENCE PLAN L-5 - OVERALL IRRIGATION MASTER PLAN L-6 - CONCEPTUAL PLANT PALETTE L-7 - OVERALL CONCEPTUAL PLANTING PLAN L-8 - CONCEPTUAL SITE AMENITIES AND DESIGN DETAILS SHEET 1 - TENTATIVE TRACT MAP SHEET 2 - PRELIMINARY SITE PLAN SHEET 3 - PRELIMINARY GRADING PLAN SHEET 4 - PRELIMINARY UTILITY PLAN SHEET 5 - PRELIMINARY SECTIONS SHEET 6 - PRELIMINARY FIRE ACCESS & HYDRANT PLAN Page 186 of 2028
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T.O. EAVE LEGEND Stucco, 16/20 'S' Roof Tile Decorative Metal Window Grille Parapet Stone Veneer Vinyl Windows Decorative Window Shutter Metal Railing Fiberglass Entry Door Decorative Exterior Light & Address Wood Railing Stucco o/ Foam Trim Stucco o/ Foam Sill Stucco o/ Foam Header Wood Barge Board Sectional Metal Garage Door Gable End Faux Vent Recess Utility Closet Door 1 Planter Box 2346 789 5 101112 131415161718 19 UP 15R P1 UP 15R WH P2 UP 15R P1 UP 15R WH P2 UP 15R P1 UP 15R WH P2 UP 15R P1 UP 15R P1 ALT UP 15R WH P2 No. 888.456.5849 | ktgy.com YORBA LINDA & OHIO 20241152 CITY VENTURES SCHEMATIC YORBA LINDA, CA 0 4 8 16 Scale 1" = 8' FEBRUARY 3, 2026 2 5 1 9 16 13 12 3 7 6 4 3 2 4 1 KEY SITE PLAN: 1/16" = 1'-0" 10 15 14 11 18 19 17 B-900 - 9-PLEX A2.21 ELEVATIONS Page 196 of 2028 UP 15R P1 UP 15R WH P2 UP 15R P1 UP 15R WH P2 UP 15R P1 UP 15R WH P2 UP 15R P1 UP 15R P1 ALT UP 15R WH P2 148'-10" 45'-0" 2'-9" 146'-9"
49'-7" UP 16R DN 15R P1 UP 16RDN 15R P2 UP 16R DN 15R P2 UP 16RDN 15R P2 UP 16R DN 15R P1 UP 16RDN 15R P2 UP 16R DN 15R P1 UP 16R DN 15R P1 UP 16R DN 15R P1 1'-6" 6'-0"
6'-0" No. 888.456.5849 | ktgy.com YORBA LINDA & OHIO 20241152 CITY VENTURES SCHEMATIC YORBA LINDA, CA 0 4 8 16 Scale: 1/8" = 1'-0" FEBRUARY 3, 2026 FIRST FLOOR SECOND FLOOR B-900 - 9-PLEX A2.22 BUILDING PLANS Page 197 of 2028 DN 16R P1 DN 16RP1 DN 16RP1 DN 16R P1 DN 16R DN 16R P2 P1 DN 16R P2 DN 16R DN P2 16R P2 146'-7" 49'-10"
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6:12 8:12 8:12 8:12 6:12 6:12 6:12 No. 888.456.5849 | ktgy.com YORBA LINDA & OHIO 20241152 CITY VENTURES SCHEMATIC YORBA LINDA, CA 0 4 8 16 Scale: 1/8" = 1'-0" FEBRUARY 3, 2026 THIRD FLOOR ROOF PLAN B-900 - 9-PLEX A2.23 BUILDING PLANS Page 198 of 2028 UP 15R P1 2-CAR GARAGE 10'-9" x 43'-3" 11'-4"
45'-0" PORCH ENTRY KITCHEN 11'-10" x 11'-7" LIVING 11'-10" x 14'-9" BED 3 9'-11" x 11'-10" W.I.C. BATH 3 49'-6" 16'-1"REF. PANTRY
STOVE
SINK DW COAT
LINEN UP 16RDN 15R P1DECK 6'-0" x 10'-2"
6'-0" DN 16R P1PRIMARY BED 11'-10" x 12'-2" PRIMARY BATHLAU. BED 2 9'-11" x 12'-10" BATH 2 W.I.C. W.I.C. 16'-1" 43'-4" +36" RAISED FLOORW.I.C. ROOF ACCESS HATCH PLAN 1 NET SF 1ST FLOOR 85 SQ. FT. 2ND FLOOR 670 SQ. FT. 3RD FLOOR 630 SQ. FT. TOTAL LIVING 1386 SQ. FT. DECK 51 SQ. FT. GARAGE 502 SQ. FT. 2-CAR GARAGE 10'-9" x 43'-3" 16'-1" 45'-0" PORCH ENTRY UP 15R P1 ALT No. 888.456.5849 | ktgy.com YORBA LINDA & OHIO 20241152 CITY VENTURES SCHEMATIC YORBA LINDA, CA FEBRUARY 3, 2026 THIRD FLOOR SECOND FLOOR FIRST FLOOR 0 2 4 8 Scale: 1/4" = 1'-0" FIRST FLOOR (ALT) UNIT PLANS - PLAN 1 A3.00 UNIT PLANS Page 199 of 2028 UP 15R WH P2 DEN/ OPT. BED 4 11'-10" x 21'-0" GARAGE 20'-3" x 20'-4" 45'-0" 16'-1"2'-0" PORCH 20'-10" T ENTRYRO3'-5" BED 3 10'-0" x 11'-3" KITCHEN 11'-10" x 13'-2" LIVING 11'-10" x 13'-5" DECK 6'-0" x 15'-6" BATH 3 LINEN 16'-1"
50'-4" REF.
STOVE
SINK DW
COAT PANTRY UP 16RDN 15R P2 1'-6"
6'-0" DN 16R P2 BED 2 10'-0" x 12'-1" BATH 2 W.I.C. LAUNDRY 6'-6" x 6'-4" PRIMARY BATH PRIMARY BEDROOM 11'-11" x 15'-5" W.I.C. 16'-1" 50'-9" ROOF ACCESS HATCH +36" RAISED FLOOR W.I.C.
1'-0" NET SF PLAN 2 1ST FLOOR 313 SQ. FT. 2ND FLOOR 636 SQ. FT. 3RD FLOOR 708 SQ. FT. TOTAL LIVING 1656 SQ. FT. DECK 73 SQ. FT. GARAGE 465 SQ. FT. 18'-7" 2'-0" 2'-9"
UTIL. UTIL. MECH./ELEC.
3'-5"
45'-0" No. 888.456.5849 | ktgy.com YORBA LINDA & OHIO 20241152 CITY VENTURES SCHEMATIC YORBA LINDA, CA FEBRUARY 3, 2026 THIRD FLOOR SECOND FLOOR FIRST FLOOR 0 2 4 8 Scale: 1/4" = 1'-0" UNIT PLANS - PLAN 2 3.10 UNIT PLANS FIRST FLOOR END WALL - UTILITY CLOSET Page 200 of 2028 OPT. PDR DEN 10'-7" x 10'-3" GARAGE 20'-3" x 20'-4"
45'-0" 16'-1"
5" 3'-5" 20'-10" TRASH RECYC. ORGANICS PORCH ENTRY UP 15R WH P2 GARAGE 20'-3" x 20'-4" OPT. BED 4 10'-3" x 9'-5" BATH 4 45'-0" 16'-1"2'-0" 1'-0" 20'-10" T PORCH ENTRY UP 15R WH P2 RO GARAGE 20'-3" x 20'-4" OPT BED 4 10'-3" x 9'-5" BATH 4 45'-0" 16'-1"2'-0" 1'-0" 20'-10" PORCH ENTRYUP 15R WH P2 T RO No. 888.456.5849 | ktgy.com YORBA LINDA & OHIO 20241152 CITY VENTURES SCHEMATIC YORBA LINDA, CA FEBRUARY 3, 2026 FIRST FLOOR ACCESSIBLE - DEN W OPT PDR FIRST FLOOR ACCESSIBLE - OPT BED W ACC BATH FIRST FLOOR - OPT BED 0 2 4 8 Scale: 1/4" = 1'-0" PLAN 2 OPTIONS 3.11 UNIT PLANS Page 201 of 2028 1 4 RUNNING BOND PRECISION PROJECTED BLOCKFRONT 3 REAR 2 LEFT 4 RIGHT 5'-0"
6'-0" TRASH 8'2" L x 5' W RECYCLING 8'2" L x 5' W TO BRICK CAP CORRUGATED METAL ROOF 19'-4" 9'-4" 2 13
6'-0" TO BRICK CAP No. 888.456.5849 | ktgy.com YORBA LINDA & OHIO 20241152 CITY VENTURES SCHEMATIC YORBA LINDA, CA FEBRUARY 3, 2026 A4.00 0 2 4 8 Scale 1" = 4' TRASH ENCLOSURE PLAN & ELEVATIONS Page 202 of 2028
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YORBA LINDA AND OHIO -
Collaborative
0 10’ 20’ 40’
OVERALL CONCEPTUAL LANDSCAPE PLAN Scale: 1”= 20’-0” 3’ 2’-4” 9’-6”9’-6”
13’-0”
12’-0”
YORBA LINDA BLVD
LEGEND
Project Entry with Enhanced Paving
Pedestrian Sidewalk with Shade Trees
Private Patio Fence and Gate
Common Open Space w/Shade Structure, BBQ, Tables, and Open Lawn 1 1
2 2
2 2
3 3 3
3 3
4 4
5 5 5
6 6
6 6
6 7
7 7
8 8 8
Mailbox Cluster
Perimeter Masonry Wall
Transformer
Trash Enclosure
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DESIGN IMAGERY
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YORBA LINDA AND OHIO -
Collaborative
0 2’ 4’ 8’
CONCEPTUAL OPEN SPACE ENLARGEMENT Scale: 1/4”=1’-0”
LEGEND
Shade Structure with Picnic Tables & BBQ
Open Lawn
Specimen Trees
Screening Trees
Guest Parking
Private Patio Fence and Gate
Perimeter Masonry Wall Accent Vines
YORBA LINDA BLVD
KEYMAP
1 1
2 2
3 4 4
3 5
5 6
6 7
7
YORBA LINDA BLVD
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WALL AND FENCE PLAN
0 10’ 20’ 40’
Scale: 1”= 20’-0”
Steel Patio Fence
• 36” Ht.
• Color to Match Architecture
Perimeter Masonry Wall Low Masonry Wall
• 6’-0” Ht.
• Masonry Wall: Tan color with SplitFace finish with Precision Accent Band • 3’-0” Ht. Max.
• Masonry Wall: CMU build-up with
Stucco Finish and Precast Cap. Color
to Match Architecture
Steel Patio Gate
• 36” Ht. x 48”W. opening min.
• Color to Match Architecture
LEGEND
Patio Fence- Steel Fence
(Color to match Architecture)
Patio Gate- Steel gate
(Color to match Architecture)
Perimeter Wall- Masonry Wall
Low Masonry Wall
(Color to match Architecture)
50’-0” O.C.
Pilasters
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OVERALL IRRIGATION MASTER PLAN
0 10’ 20’ 40’
Scale: 1”= 20’-0”
LEGEND
Low Water Use
Medium Water Use
High Water Use
YORBA LINDA BLVD
Hydrozone: Eto: KL LA Sq. Ft. Conversion SLA Sq. Ft. MAWA Landscaped Area 48 0.55 13,538 0.62 0 221,590
MAWA= Maximum Applied Water Allowance (gallons per year) Eto= Reference Evapotranspiration from Appendix C (inches per year)
0.50= Evapotranspiration Adjustment Factor (ETAF)
1.0= ETAF for Sprcial Landscaped Area
LA= Landscaped Area includes Special Landscape Area (square feet)
0.62= Conversion Factor (to gallons per square foot)
0.3= the additional ET adjustment Factor for Special Landscape Area (1.0- 0.7= 0.3) SLA= Speical Landscape Area (square feet)
Applicant to fill in boxes below:
Eto (Reference Evapotranspiration from Appendix C inches per year) Landscaped Area includes Special Landscape Area (square feet) Speical Landscape Area (square feet)
Hydrozone: Eto: KL Sq. Ft. Conversion IE EAWU
Very Low Water Use 48 0.1 0 0.62 0.81 -
Low Water Use 48 0.2 0.62 0.81 7,285 53,531
Medium Water Use 48 0.5 0.62 0.81 5,753 105,685
High Water Use 48 0.8 0.62 0.73 500 16,307
Special Landscape Area 48 1.0 - 0.62 1.00 -
Total EAWU: 13,538 175,523
EAWU= Estimated Applied Water Use (gallons per year)
Eto= Reference Evapotranspiration from Appendix C (inches per year) KI= Landscape Coefficient
LA= Landscaped Area (square feet)
Project Name: Yorba Linda
WATER EFFICIENT WORK SHEET
Total EAWU = (Eto x KL x LA in Sq.ft. / IE)= Gallons per Year 48 13,538
0 Maximum Applied Water Allowance (MAWA)
Estimated Annual Water Use:
Total MAWA = (Eto x 0.50 x LA in Sq.ft. x 0.62)+(Eto x 1.0 x SLA in Sq.ft. x 0.62)= Gallons per year for LA + SLA Date: November 25, 2025
Hydrozone: Eto: KL LA Sq. Ft. Conversion SLA Sq. Ft. MAWA Landscaped Area 48 0.55 13,538 0.62 0 221,590
MAWA= Maximum Applied Water Allowance (gallons per year) Eto= Reference Evapotranspiration from Appendix C (inches per year)
0.50= Evapotranspiration Adjustment Factor (ETAF)
1.0= ETAF for Sprcial Landscaped Area
LA= Landscaped Area includes Special Landscape Area (square feet)
0.62= Conversion Factor (to gallons per square foot)
0.3= the additional ET adjustment Factor for Special Landscape Area (1.0- 0.7= 0.3) SLA= Speical Landscape Area (square feet)
Applicant to fill in boxes below:
Eto (Reference Evapotranspiration from Appendix C inches per year) Landscaped Area includes Special Landscape Area (square feet) Speical Landscape Area (square feet)
Hydrozone: Eto: KL Sq. Ft. Conversion IE EAWU
Very Low Water Use 48 0.1 0 0.62 0.81 -
Low Water Use 48 0.2 0.62 0.81 7,285 53,531
Medium Water Use 48 0.5 0.62 0.81 5,753 105,685
High Water Use 48 0.8 0.62 0.73 500 16,307
Special Landscape Area 48 1.0 - 0.62 1.00 -
Total EAWU: 13,538 175,523
EAWU= Estimated Applied Water Use (gallons per year)
Eto= Reference Evapotranspiration from Appendix C (inches per year) KI= Landscape Coefficient
LA= Landscaped Area (square feet)
0.62= Conversion Factor (to gallons per square foot)
IE= Irrigation Efficiency= IME X DU (See definication in Appendix E for exmaplne IE percentages) IME= Irrigation Management Efficiency (90%)
DU= Distribution Uniformity of Irrigation Head
KI= Ks x Kc x Kmc
Ks= species factor (range 1.0- 0.9) (see WUCOLS list for values) Kd= density factor (range 0.5- 1.3) (see WUCOLS list for density value) Kmc= microclimatic factor (range 0.5- 1.4) (see WUCOLS) Table A- PF (Plant Factor)
Cool Season Turf= 0.8
Warm Season Turf= 0.7
High Water Use Plants= 0.7 (can be between 0.7-0.9)
Moderate Water Use Plants= 0.5 (can be between 0.4-0.6) Low Water Use Plants= 0.2 (can be between 0.1-0.3)
Very Low Water Use Plants= 0.1
IE (Irrigation Efficiency)- Appendix E
Pop-up Stream Rotor= 0.73
Rotor Head= 0.76
Microspray= 0.76
Bubblers= 0.77
Drip Emitters= 0.81
Subsurface Irrigation= 0.81
Project Name: Yorba Linda
WATER EFFICIENT WORK SHEET
Total EAWU = (Eto x KL x LA in Sq.ft. / IE)= Gallons per Year 48 13,538
0 Maximum Applied Water Allowance (MAWA)
Estimated Annual Water Use:
Total MAWA = (Eto x 0.50 x LA in Sq.ft. x 0.62)+(Eto x 1.0 x SLA in Sq.ft. x 0.62)= Gallons per year for LA + SLA Date: November 25, 2025
Hydrozone: Eto: KL LA Sq. Ft. Conversion SLA Sq. Ft. MAWA Landscaped Area 48 0.55 13,538 0.62 0 221,590
MAWA= Maximum Applied Water Allowance (gallons per year) Eto= Reference Evapotranspiration from Appendix C (inches per year)
0.50= Evapotranspiration Adjustment Factor (ETAF)
1.0= ETAF for Sprcial Landscaped Area
LA= Landscaped Area includes Special Landscape Area (square feet)
0.62= Conversion Factor (to gallons per square foot)
0.3= the additional ET adjustment Factor for Special Landscape Area (1.0- 0.7= 0.3) SLA= Speical Landscape Area (square feet)
Applicant to fill in boxes below:
Eto (Reference Evapotranspiration from Appendix C inches per year) Landscaped Area includes Special Landscape Area (square feet) Speical Landscape Area (square feet)
Hydrozone: Eto: KL Sq. Ft. Conversion IE EAWU
Very Low Water Use 48 0.1 0 0.62 0.81 -
Low Water Use 48 0.2 0.62 0.81 7,285 53,531
Medium Water Use 48 0.5 0.62 0.81 5,753 105,685
High Water Use 48 0.8 0.62 0.73 500 16,307
Special Landscape Area 48 1.0 - 0.62 1.00 -
Total EAWU: 13,538 175,523
EAWU= Estimated Applied Water Use (gallons per year)
Eto= Reference Evapotranspiration from Appendix C (inches per year) KI= Landscape Coefficient
LA= Landscaped Area (square feet)
0.62= Conversion Factor (to gallons per square foot)
IE= Irrigation Efficiency= IME X DU (See definication in Appendix E for exmaplne IE percentages) IME= Irrigation Management Efficiency (90%)
DU= Distribution Uniformity of Irrigation Head
KI= Ks x Kc x Kmc
Ks= species factor (range 1.0- 0.9) (see WUCOLS list for values) Kd= density factor (range 0.5- 1.3) (see WUCOLS list for density value) Kmc= microclimatic factor (range 0.5- 1.4) (see WUCOLS) Table A- PF (Plant Factor)
Cool Season Turf= 0.8
Warm Season Turf= 0.7
High Water Use Plants= 0.7 (can be between 0.7-0.9)
Moderate Water Use Plants= 0.5 (can be between 0.4-0.6) Low Water Use Plants= 0.2 (can be between 0.1-0.3)
Very Low Water Use Plants= 0.1
IE (Irrigation Efficiency)- Appendix E
Pop-up Stream Rotor= 0.73
Rotor Head= 0.76
Microspray= 0.76
Bubblers= 0.77
Drip Emitters= 0.81
Subsurface Irrigation= 0.81
Project Name: Yorba Linda
WATER EFFICIENT WORK SHEET
Total EAWU = (Eto x KL x LA in Sq.ft. / IE)= Gallons per Year 48 13,538
0 Maximum Applied Water Allowance (MAWA)
Estimated Annual Water Use:
Total MAWA = (Eto x 0.50 x LA in Sq.ft. x 0.62)+(Eto x 1.0 x SLA in Sq.ft. x 0.62)= Gallons per year for LA + SLA Date: November 25, 2025
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BOTANICAL NAME COMMON NAME
TREE SCHEDULE:
Acacia stenophylla
Cercis occidentalis
Chamaerops humilis
Chilopsis linearis
Dracaena draco
Eriobotrya deflexa
Lagerstroemia indica
Laurus nobilis
Lophostemon confertus
Platanus racemosa
Podocarpus gracilior
Prosopis chilensis
Prunus caroliniana
Quercus ilex
Quercus suber
Quercus virginiana
Rhaphiolepis x ‘Montic’
Ulmus parvifolia “true Green”
Shoestring Acacia
Western Redbud
Mediterranean Fan Palm
Desert Willow
Dragon Tree
Bronze Loquat
Crape Myrtle
Sweet Bay
Brisbane Box
California Sycamore
Fern Pine
Chilean Mesquite Tree
Carolina Laurel Cherry
Holly Oak
Cork Oak
Southern Live Oak
Majestic Beauty Indian Hawthorn
True Green Chinese Elm
Note: 1. Plant selection and landscape/irrigation design should comply with the Water Efficient Landscape requirements and ordinances.
2. All Landscaping should meet the minimum Crime Prevention Through Environmental Design (CPTED) guidelines as follows:
- All shrub or ground cover vegetation should be no higher than 2 feet in height - Tree canopies should be no lower than 6 feet in height. - Avoid creating areas of potential concealment by using “lacy” vegetation. - Avoid using vegetation that requires constant maintenance and upkeep as to avoid excessive growth potentially compromising the 2’ x 6’ rule.
C O N C E P T U A L P L A N T P A L E T T E
BOTANICAL NAME COMMON NAME
BOTANICAL NAME COMMON NAME
GROUNDCOVER SCHEDULE:
VINE SCHEDULE:
Bougainvillea spp.
Carissa macrocarpa ‘Green Carpet’
Lantana spp.
Senecio mandraliscae Trachelospermum jasminoides
Verbena spp.
Vinca minor
Calliandra haematocephala
Distictis ‘Rivers’
Trachelospermum jasminoides
Bougainvillea
Dwarf Natal Plum
Lantana
Blue Chalk Sticks
Star Jasmine
Verbena
Periwinkle
Pink Powder Puff
Royal Trumpet Vine
Star Jasmine
BOTANICAL NAME COMMON NAME
GRASSES/SUCCULENTS SCHEDULE:
Agave spp.
Agrostis pallens
Aloe spp.
Carex spp.
Distichlis spicata
Dudleya spp.
Echeveria spp.
Festuca californica
Festuca mairei
Helictotrichon sempervirens
Juncus patens ‘Carman’s Gray’
Liriope spicata
Sedum spp.
Sisyrinchium bellum
Agave
Bentgrass
Aloe
Sedges
Saltgrass
Chalk Lettuce
Mexican Hens & Chicks
Red Fescue
Atlas Fescue
Blue Oat Grass
Carman’s Gray Common Rush
Creeping Lilyturf
Stonecrops
Blue-Eyed Grass
BOTANICAL NAME COMMON NAME
SHRUB SCHEDULE:
Anemopsis californica
Baccharis spp.
Berberis nevinii
Bougainvillea spp.
Buxus japonica ‘Green Gem’
Ceanothus spp.
Cercis spp.
Cistus spp.
Dianella spp.
Elaeagnus pungens
Encelia farinose
Hesperaloe parvifolia
Iva hayesiana
Juncus mexicanus
Leucophyllum spp.
Ligustrum japonicum ‘Texanum’
Mimulus cardinalis
Myrtus communis
Penstemon spp.
Phlomis spp.
Pittosporum tobira ‘Variegatus’
Podocarpus macrophyllus
Prunus caroliniana spp. Rhaphiolepis x ‘Montic’
Rhaphiolepis spp.
Ribes speciosum
Romneya coulteri
Rosa californica
Salvia spp.
Santolina chamaecyparissus
Santolina virens
Solanum rantonnetii
Tecoma stans
Viburnum davidii
Xylosma congestum
Yerba Mansa
Marsh Baccharis/ Coyote Brush
Nevin’s Barberry
Bougainvillea
Japanese Boxwood
California Lilac
Redbud
Rockrose
Flax Lily
Silverberry
Brittlebush
Red Yucca
San Diego Povertyweed
Mexican Rush
Texas Sage
Waxleaf Privet
Scarlet Monkey Flower
Myrtle
Penstemon
Sage
Variegated Mock Orange
Yew Pine
Carolina Laurel Cherry
Indian Hawthorn
Majestic Beauty Indian Hawthorn
Fushia Flowering Gooseberry
California Tree Poppy
California Wildrose
Sage
Lavender Cotton
Green Lavender Cotton
Blue Potato Bush
Yellow Trumpet Flower
David Viburnum
Shiny Xylosma
SPECIMEN TREES
ACCENT TREES
SCREENING SHRUBS
ACCENT SHRUBS
ACCENT SHRUBS
MEDIUM SHRUBS
GRASSES
SCREENING VINES
TURFGRASS
TREES: SHRUBS: NATIVE SHRUBS: GROUNDCOVERS:
TURF/OPEN LAWN:
PATIO TREES
SHADE TREES
SCREEN/VERTICAL TREES
Botanical name (Common Name) Botanical name (Common Name) Botanical name (Common Name) Botanical name (Common Name) Botanical name (Common Name)
PLANTING LEGEND
Platanus racemosa (California Sycamore)
Prosopis chilensis (Chilean Mesquite Tree)
Quercus virginiana (Southern Live Oak)
Aesculus californica (California Buckeye)
Albizia julibrissin (Silk Tree)
Cercis occidentalis ( Western Redbud)
Dracaena draco (Dragon Tree)
Lagerstroemia indica (Crape Myrtle)
Magnolia v. ‘Jim Wilson’ (Moonglow Sweet Bay Magnolia)
Ligustrum japonicum texanum (Waxleaf Privet)
Podocarpus macrophyllus (Yew Pine)
Xylosma congestum (Shiny Xylosma)
Agave ‘Blue Flame’ (Blue Flame Agave)
Bougainvillea spp. (Bougainvillea)
Echeveria spp. (Hens & Chicks)
Hesperaloe p. ‘Brake Lights’ (Red Yucca)
Salvia leucantha (Mexican Bush Sage)
Anemopsis californica (Yerba Mansa)
Mimulus cardinalis (scarlet monkey flower)
Rosa californica (California Wildrose)
Carissa m. ‘Boxwood Beauty’ (Carissa)
Dianella ‘Clarity Blue’ (Clarity Blue Flax Lily)
Helictotrichon sempervirens (Blue Oat Grass)
Myrtus communis (True Myrtle)
Rhaphiolepis indica ‘Clara’ (Clara Indian Hawthorn)
Rhaphiolepis umbellata ‘Minor’ (Dwarf Indian Hawthorn)
Agrostis pallens (Bentgrass)
Carex praegracilis (Clustered Field Sedge)
Distichlis spicata (Saltgrass)
Festuca californica ( Red Fescue)
Juncus patens ‘Carman’s Gray’ (Carman’s Gray Common Rush) Sisyrinchium bellum (Blue-eyed Grass)
Calliandra haematocephala (Pink Powder Puff)
Distictis ‘Rivers’ (Royal Trumpet Vine)
Trachelospermum jasminoides (Star Jasmine)
Festuca Arundinacea (Marathon II Sod)
Cassia leptophylla (Gold Medallion Tree)
Cercis occidentalis (Western Redbud)
Eriobotrya deflexa (Bronze Loquat)
Jacaranda mimosifolia ‘Bonsai Blue’ (Bonsai Blue Dwarf Jacaranda) Lagerstroemia indica (Crape Myrtle)
Rhaphiolepis x ‘Montic’ (Majestic Beauty Indian Hawthorn) Bauhinia purpurea (Purple Orchid Tree)
Chilopsis linearis (Desert Willow)
Laurus nobilis (Sweet Bay)
Podocarpus gracilior (Fern Pine)
Ulmus parvifolia ‘True Green’ (True Green
Chinese Elm)
Acacia melanoxylon (Blackwood Acacia)
Acacia stenophylla (Shoestring Acacia)
Ficus nitida (Indian Laurel Fig)
Podocarpus henkelii (Long-Leafed Yellowwood)
Podocarpus macrophyllus (Yew Pine)
Prunus caroliniana (Carolina Cherry Laurel)
Leucadendron argenteum (Silver Tree)
Lophostemon confertus (Brisbane Box)
VERTICAL SHRUBS SHRUBS
Leucophyllum f. ‘Green Cloud’ (Green Cloud Texas Sage)
Prunus caroliniana ‘Bright n Tight’
Rhaphiolepis i. ‘Majestic Beauty’
Baccharis glutinosa (Saltmarsh Baccharis)
Berberis nevinii (Nevin’s Barberry)
Iva hayesiana (San Diego Povertyweed)
Juncus mexicanus (Mexican Rush)
Ribes speciosum (Fushia Flowering Gooseberry)
GROUNDCOVERS
Carissa macrocarpa ‘Green Carpet’ (Dwarf Natal Plum)
Carex spp. (Sedge)
Lantana spp. (Lantana)
Senecio mandraliscae (Blue Chalk Sticks)
Verbena spp. (Verbena)
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0 10’ 20’ 40’
OVERALL CONCEPTUAL PLANTING PLAN Scale: 1”= 20’-0”
YORBA LINDA BLVD
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CONCEPTUAL SITE AMENITIES AND DESIGN DETAILS
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OHIO
YORBA LINDA
LYNN
PALM
FAIRWAY VIEW
EASY
PALM VISTA
MICKEL
DE ANDA
SUNRISE
SUNCREST
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Project Site City Boundary
APN 323-081-35
Vicinity Map
19081 Yorba Linda Boulevard ²
Source: City of Yorba Linda, 2024 KNM
11/4/2025
www.coxcastle.com Los Angeles | Orange County | San Francisco Cox, Castle & Nicholson LLP
3121 Michelson Drive, Suite 200 C
Irvine, California 92612-5678
P: 949.260.4600 F: 949.260.4699
Christopher Burt
949.260.4606
[email protected]
November 5, 2025
VIA E-MAIL
Planning and Traffic Commission
City of Yorba Linda
4845 Casa Loma Avenue
Yorba Linda, CA 92886
Re: 19081 Yorba Linda Boulevard Project
Dear Commissioners:
This firm represents Yorba Linda 3 Inv, LLC (“YL3”) in connection with its proposed 62-dwelling unit housing project 19081 Yorba Linda Boulevard. The project deed restricts three (3) of the dwelling units for very-low income households (5% of the base density 56 units). For that reason, the project is subject to the Density Bonus Law (“DBL”) and entitled to the benefits it provides. The project is also a “housing development” project, subject to the protections of the Housing Accountability Act (“HAA”). The HAA restricts “the ability of local governments to deny an application to build housing if the proposed project complies with general plan, zoning, and design review standards that are objective.” (Save Lafayette v. City of Lafayette (2022) 85 Cal.App.5th 842, 831.)
This provides a brief summary of those laws (DBL and HAA), as applicable to the Planning and Traffic Commission’s consideration of YL3’s proposed project. YL3 is excited to provide a high-quality development in the City of Yorba Linda, one that provides a much needed housing type and is designed consistent with all applicable objective development/design standards.
I. Density Bonus Law
If a developer agrees to construct affordable housing consistent with the DBL, it is entitled to (a) a density bonus, (b) one or more incentives and concessions, (c) waiver or reduction of any development standards that physically preclude the project, as proposed, and (d) reduced statutory parking rates. A local government is “obligated to permit increased building density, grant incentives, and waive any conflicting local development standards unless certain limited exceptions apply.” (Bankers Hill 150 v. City of San Diego (2022) 74 Cal.App.5th 755, 763 [emphasis added].)
Planning and Traffic Commission
November 5, 2025
a. Density Bonus
The project proposes to reserve 5% of the base density units for very-low income households. That reservation entitles the project to a 20% density bonus. (Govt. Code §§ 65915(b)(1)(B) and (f)(2).) The project, however, is only requesting an approximately 11% density bonus. A project need not request the entire bonus to which it is allowed. b. Incentives/Concessions
A DBL project is entitled to a specific number of incentives/concessions depending upon the level of affordability provided. The project is entitled to one (1) incentive/concession.
The DBL defines incentive/concession broadly to include reductions or modifications in development standards, mixed-use zoning, and any “[o]ther regulatory incentives or concessions proposed by the developer….” (Govt. Code § 65915(k).) A concession/incentive may be refused only if (1) the agency can establish that it would not result in identifiable and actual cost reductions to provide for affordable housing or (2) the agency finds the requested incentive/concession would have a specific, adverse impact on public health and safety, a historic resource, or contrary to state or federal law. A requested incentive/concession is presumed to result in cost reductions and a city bears the burden of demonstrating otherwise if it intends to deny the requested incentive/concession. (Bankers Hill 150, supra, 74 Cal.App.5th at 770.)
The project does not request an incentive/concession.
c. Waivers/Reductions of Development Standards
The DBL states that an agency shall not “apply any development standard that will have the effect of physically precluding the construction of a development meeting” the DBL’s affordability criteria. (Govt. Code § 65915(e)(1).) An applicant may submit to the city a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the project as proposed. (Id.)
The DBL is clear regarding requested waivers of development standards. First, there are no financial criteria for granting a waiver and the number of waivers is unlimited. (Bankers Hill 150, supra, 74 Cal.App.5th at 770.) Second, agency is not permitted to second-guess the design of a project, even if it requires waivers. If a developer proposes a project that qualifies under the DBL, “the law provides a developer with broad discretion to design projects with additional amenities even if doing so would conflict with local development standards.” (Id. at 774.) “The statute does not say that what must be precluded is a project with no amenities, or that amenities may not be the reason a waiver is needed.” (Id.) If the project is a DBL project, “a city may not apply any development standard that would physically preclude construction of that project as designed….” (Id.)
Planning and Traffic Commission
November 5, 2025
YL3 requests development standard waivers as follows:
1. Landscape Screening (Yorba Linda Municipal Code (“YLMC”) § 18.10.110.D.
The project proposes a landscape buffer ranging from two-four (2-4) feet, less than the required five (5) feet.
2. Perimeter Wall Height (YLMC § 15.38.070.F). A 12-foot perimeter wall is needed to adequately screen the project from adjacent uses and provide privacy to both residents and neighbors.
3. Residential Setback (YLMC § 18.10.110.A(1)). The project proposes a 34-foot setback in-lieu of the required 50-foot setback.
4. Landscape Area (YLMC § 18.10.110.C(2)). The project proposes 9,900 square feet of landscaped area, which is a reduction from the 23,060 square feet required by the YLMC.
d. Parking
The DBL provides for statutory parking rates, which are inclusive of guest spaces. A city shall not require a “vehicular parking ratio, inclusive of parking for persons with a disability and guests” parking that exceeds the following ratios: (a) one (1) space for each studio and onebedroom unit, (b) 1.5 spaces for each 2-3 bedroom unit, and (c) 2.5 spaces for each 4+ bedroom unit. (Govt. Code § 65915(p)(1).)
II. Housing Accountability Act
The California Legislature enacted, and has continually strengthened, the HAA with the goal of “meaningfully and effectively curbing the capability of local governments to deny, reduce the density for, or render infeasible housing development projects.” (California Renters Legal Advocacy & Education Fund v. City of San Mateo (2021) 68 Cal.App.5th 820, 844.) The proposed project is unquestionably a “housing development” project subject to the protections of the HAA.
To serve its housing-production goals, the HAA provides that an agency may only deny or reduce the density of a project that complies with objective standards if it finds, by a preponderance of the evidence, that (1) the project would have a specific, adverse impact on the public health or safety, and (2) there is no feasible method to satisfactorily mitigate or avoid the adverse impact identified other than denial or approval of the project at a lower density. (Govt.
Code § 65589.5(j)(1)(A); Save Lafayette v. City of Lafayette (2022) 85 Cal.App.5th 842, 850.) That is the singular basis to deny or reduce the density of an objective-standard consistent housing project under state law.
Planning and Traffic Commission
November 5, 2025
The proposed project is consistent with all objective development and design standards, a fact confirmed by staff.1 The project also would not result in a “specific, adverse” impact. A “specific, adverse” impact is defined narrowly to mean “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.” (Id.) The Legislature has declared that the “conditions that would have a specific, adverse impact upon the public health and safety … arise infrequently.” (Govt. Code § 65589.5(a)(3).) III. Conclusion
YL3 looks forward to presenting its project before the Planning and Traffic Commission.
It is proud of the proposed project, which provides a much-needed housing type in the City.
Sincerely,
Cox, Castle & Nicholson LLP
Christopher Burt
Senior Counsel
1 The project’s need for DBL waivers (deviations from development standards) is not a valid basis to deny the project. The HAA and DBL function together and a project’s waiver of objective standards “shall not constitute a valid basis on which to find a proposed housing development project” inconsistent with an objective standard. (Govt. Code § 65589.5(j)(3).) A standard that is subject to waiver is only applicable to the extent waived.
3121 Michelson Drive, Suite 150 ǀ Irvine, California 92612 March 13, 2025
Yorba Linda Planning Division
ATTN: Chris Dominguez, Planning Manager
4845 Casa Loma Ave
Yorba Linda, CA 92886
Re: Application Submittal and Density Bonus Letter for a 62-Unit Townhome Project located at 19081 Yorba Linda Blvd
Dear Mr. Dominguez:
Yorba Linda 3 Inv, LLC is formally submitting a development application for the site located at 19081 Yorba Linda Blvd. The project is anticipated to develop and build 62 for-sale single-family attached townhomes and will require a tentative tract map, conditional use permit, and design review.
This letter also serves as a density bonus application for the proposed 62-unit for-sale project. The project is setting-aside 4 units (6.45%) of the 62 total units for very-low income households. Per State Density Bonus Law, this means the project is entitled to a 20% density bonus, 1 concession, unlimited waivers, and reduced residential on-site residential parking.
A Density Bonus Law (“DBL”) project is entitled to waivers of any “development standards that will have the effect of precluding the construction of the project” at the requested density. (Govt. Code Section 65915(e)(1)). There are no financial criteria for granting a waiver and the number of waivers is unlimited. • The DBL defines a “development standard” broadly as a “site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite openspace requirement, or a parking ratio that applies to a residential development….” (Govt. Code § 65915(o).) It also includes lot area minimum, minimum lot widths/depths, and other site standards, whether implemented pursuant a subdivision or a permit. • “… if a city ordinance imposes a building height limitation, a city must waive that limitation for a development that is eligible for a density bonus if imposing the height limit would physically preclude construction of the proposed building with the requested incentives and at the density
3121 Michelson Drive, Suite 150 ǀ Irvine, California 92612 allowed by the Density Bonus Law. There are no financial criteria for granting a waiver.” (Bankers Hill 150 v. City of San Diego (2022) 74 Cal.App.5th 755, 770.) • An agency is not permitted to second-guess the design of a project, even if it requires waivers.1If a developer proposes a project that qualifies under the DBL, “the law provides a developer with broad discretion to design projects … even if doing so would conflict with local development standards.” (Banker’s Hill 150 v. City of San Diego (2022) 74 Cal.App.5th 755, 774.) If the project is a DBL project, “a city may not apply any development standard that would physically preclude construction of that project as designed….” (Id.)
Additionally, the project is also entitled to permit streamlining and other protections under state housing law as described below.
1. Density Bonus
• This will memorialize our commitment to set-aside 6.45% (4 units) for very-low income households. The commitment will be enforceable by the City pursuant to deed-restricted covenants.
• The density bonus provides a legal mechanism for the City to approve the project with modified development standards to facilitate the development of affordable housing, also known as waivers. Please see the below bullet point for the requested waiver:
o 50’ setback requirement from single-family zone
• The density bonus also says that the City cannot require more than the following maximum parking ratios, which are inclusive of parking for persons with a disability and guests. As the project is comprised of 33 3-bedroom units and 29 4-bedroom units, a total of 122 parking spaces are required while 137 parking spaces are provided. o 3 bedrooms: 1.5 onsite parking spaces required per unit o 4 bedrooms: 2.5 onsite parking spaces required per unit
2. State Housing Law Streamlining and Related Protections As a “development project” and “housing development project” as defined in state planning statutes, this proposed development qualifies for permit streamlining and other protections, including but not limited to the following:
• A “housing development project” is the totality of the project proposed, even if on multiple parcels.
1 See Housing and Community Development Letter of Technical Assistance to City of Encinitas (2022) [reaffirming the right of applicants to design projects under the DBL and confirming that “applicants need not consider various alternatives that might be plausible on the site without concessions, incentives, or waivers”].
3121 Michelson Drive, Suite 150 ǀ Irvine, California 92612 • City response and processing timeframes set forth in Government Code Section 65943, including but not limited to the requirement that the City review the applications and provide an exhaustive list of incomplete items not later than 30 days after receipt of the applications.
• Response and timeframe in the Housing Accountability Act (“HAA”), including but not limited to Government Code Section 65589.5, which requires the City to provide documentation of any inconsistency with applicable plans, ordinances, and regulations within 60 days after an application is determined to be complete. • Findings, requirements, and constraints on the denial or downsizing of housing development applications under the HAA.
• Requirements that the City respond to and process applications for building permits and other post-entitlement phase permits within the times specified in Government Code Section 65913.3.
3. Conclusion
Since this site is referenced in Appendix C (Residential Sites Inventory) of the City’s 6th Cycle Housing Element Update, Yorba Linda 3 Inv, LLC looks forward to presenting this important project in front of the Planning Commission and to bring new and attainable for-sale housing to Yorba Linda.
Please contact me if you have any questions regarding the above.
Regards,
Patrick Chien
Development Director
P: (949) 258-7542
E: [email protected]
September 29, 2025
Yorba Linda Planning Division
ATTN: Gabriel Diaz, Associate Planner
4845 Casa Loma Ave.
Yorba Linda, CA 92886
Dear Mr. Diaz,
This letter contains a list of waivers requested for the project at 19081 Yorba Linda Blvd pursuant to State Density Bonus Law, Gov. Code § 65915(e)(1):
“An applicant may submit to a city, county, or city and county a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted under this section” This project is utilizing a 20% density bonus by providing 5% very low-income units. The waivers requested allow this project to achieve the desired density of 23.4du/ac. At this point, no concession is requested. Upon reviewing conditions of approval, we will determine whether or not the use of a concession is necessary.
Development Standard Existing Proposed Justification
Landscape Screening
18.10.110 D
5ft width 2ft-4in width
The 5ft buffer
physically
precludes the
project from
achieving the
desired density
Perimeter Wall Height
15.38.070 F
9ft 12ft
A 12ft perimeter
wall is needed to
adequately screen
the project from
adjacent uses and
provide privacy for
both residents and
neighbors
Residential Setback
18.10.100 A (1)
50ft 34ft
The 50ft setback
physically
precludes the
project from
achieving the
desired density
Landscape Area Min.
18.10.110 C (2)
50% of building
site area
(23,060 SF)
9,900 SF
The landscape area
minimum physically
precludes the
project from
achieving the
desired density
In the completeness letter dated August 6, other development standards were called out as non-compliant. The table below demonstrates our compliance with local standards:
Development Standard Existing Proposed Compliance
Side Setback 5ft
1st floor – 5ft
2nd floor – 4ft 5in.
Max 2.5ft projection
into required side
yard
Rear Setback 20ft 20ft
Already compliant
with city code.
Equestrian Setback 25ft
1st floor – 25ft
2nd floor - 23ft
Max. 4ft projection
into required
setback
Sincerely,
Alex Rounaghi
Development Manager
City Ventures
17911 Von Karman Avenue, Suite 200
Irvine, CA 92614
949.851.2133
p: 000.000.0000
e: [email protected]
ktgy.com
To Whom It May Concern,
This proposed multi-family housing complex is designed in the Mediterranean Revival architectural style, which aligns with the aesthetic character of the surrounding neighborhood. The building will feature a light, earth-toned color palette with dark wood accents and a traditional red tile roof—materials and quality finishes that reflect the architectural expectations of the city of Yorba Linda. The design approach emphasizes compatibility with nearby structures and reinforces neighborhood cohesion. Additionally, the project is expected to enhance the visual quality of the streetscape and contribute positively to the broader community fabric by providing thoughtfully designed, high-quality housing that supports local planning goals.
Sincerely,
Dwoyne Keith
This memo includes responses to comments of the community meeting that occurred on October 27, 2025.
Comment 1: Would it make sense to add a traffic light?
Response to Comment 1: The nearest signalized intersection at S Ohio St is approximately 235 feet away.
When the spacing between signals falls below one-quarter mile (1,320 feet), the traffic flow along the route may be disrupted. Based on the intersection spacing, the results of the traffic analysis, and the fact that the driveway would not meet the peak hour traffic signal warrant, a traffic signal at this location is not recommended.
Comment 2: Going west on Yorba Linda Boulevard, there is a blind hill and people often speed which can lead to accidents with people slowing down to enter development and cars turning right to exit the development.
Response to Comment 2: The blind hill referenced in the comment is located east of the project site and obstructs sight distance for westbound traffic. It should be noted that the existing park driveway is located east of the project driveway and would therefore be more affected by the sight distance obstruction of the hill. However, there have been no traffic accidents at the park driveway. Additionally, there is an existing Traffic Signal Ahead warning sign which advises westbound drivers to slow.
Comment 3: There is generally a lot of traffic on this street during peak hours.
Response to Comment 3: Noted however, intersections would operate at acceptable standards as demonstrated in the traffic analysis.
Comment 4: People were concerned with proposed 2-way drive aisle not being able to service the demand of ingress and egress of residents.
Response to Comment 4: The traffic study includes the analysis of the project driveway which would operate at a satisfactory standard based on the specific traffic demand of the project.
Comment 5: Neighbors concerned with residents turning right out of the development into the left turn lane for a U-turn to go east on Yorba Linda Blvd.
Response to Comment 5: Right turn out would be possible since intersections east of the project driveway are either unsignalized or signalized which create gaps for vehicles to turn out of the driveway.
Comment 6: What is the average number of daily trips?
Response to Comment 6: Existing Conditions based on counts: 13,706 eastbound and 13,254 westbound.
Project average number of daily trips based on ITE trip generation manual rates: 209 eastbound and 209 westbound.
Comment 7: Parking issues: What if people have more than 2 cars? Lack of parking will lead to overflow parking on Ohio St and at the park. This will cause an increase in cars and demand for parking.
To: City of Yorba Linda
From: Hashem Basrawi, EIT, Meghan Macias, TE
Date: 11/4/2025
Site: 19081 Yorba Linda Boulevard, EPD Project Number 25-062 Subject: Responses to Community Meeting Traffic-Related Comments 19081 Yorba Linda Boulevard Residential Project, EPD Project Number 25-062
19081 Yorba Linda Boulevard Responses to Community Meeting Traffic-Related Comments 2 Response to Comment 7: The project’s parking demand is within the required capacity (vehicles are not expected to overflow) per the trip rates in the ITE Parking Generation Manual which is based on parking surveys at similar sites. The project would provide 137 parking spaces for 62 units which would allow some units to have more than 2 cars per the parking demand analysis prepared on October 22, 2025.
Comment 8: For-rent versus for-sale parking trip generation.
Response to Comment 8: The ITE parking generation manual doesn’t differentiate rates between for-rent units versus for-sale units.
If you have any questions, please feel free to contact [email protected] or at (949) 794-1180.
19081 Yorba Linda Boulevard
Residential Project
Traffic Impact Analysis
Prepared By
3333 Michelson Drive, Suite 500
Irvine, CA 92612
(949) 794-1180
Contact:
[email protected]
10/27/2025
19081 Yorba Linda Boulevard Residential Project
Traffic Impact Analysis
City of Yorba Linda
19081 Yorba Linda Boulevard Residential Project
i Traffic Impact Analysis
TABLE OF CONTENTS
1 EXECUTIVE SUMMARY ................................................................................................................. 1 2 INTRODUCTION ........................................................................................................................... 3
2.1 Project Description .................................................................................................................. 3
2.2 Study Area and Analysis Scenarios ...................................................................................... 6
2.3 Intersection Analysis Methodology ........................................................................................ 8
2.4 LOS Standard ......................................................................................................................... 9 3 BASELINE CONDITIONS ............................................................................................................ 10
3.1 Existing Regional Transportation System and Access ....................................................... 10
3.2 Study Area Street Network ................................................................................................ 10
3.3 Existing Year (2025) Traffic Volumes and Intersection Operations ................................ 13
3.4 Existing Year (2025) Conditions: Queuing Analysis.......................................................... 17
3.5 Project Horizon Year (2045) without Project Volumes and Intersection Operations ...... 19
3.6 Project Horizon Year (2045) Conditions: Queuing Analysis ............................................. 23 4 PROPOSED PROJECT................................................................................................................. 25
4.1 Project Trip Generation ...................................................................................................... 25
4.2 Project Trip Distribution....................................................................................................... 25 5 BASELINE WITH PROJECT CONDITIONS ................................................................................ 30
5.1 Existing Year (2025) With Project Traffic Volumes and Intersection Operations .......... 30
5.2 Existing Year (2025) With Project Conditions: Queuing Analysis ................................... 34
5.3 Horizon Year (2045) With Project Traffic Volumes and Intersection Operations .......... 36
5.4 Horizon Year (2045) With Project Conditions: Queuing Analysis ................................... 40 6 CONCLUSION ............................................................................................................................ 42
FIGURES
Figure 2.1: Project Location ................................................................................................................. 4 Figure 2.2: Project Site Plan ................................................................................................................ 5 Figure 2.3: Project Study Area ............................................................................................................ 7 Figure 3.1: Existing Lane Geometries and Traffic Control ............................................................. 12 Figure 3.2: Existing Year (2025) AM Peak Hour Traffic Volumes ................................................. 15 Figure 3.3: Existing Year (2025) PM Peak Hour Traffic Volumes .................................................. 16 Figure 3.4: Project Horizon Year (2045) without Project AM Peak Hour Volumes ....................... 21 Figure 3.5: Project Horizon Year (2045) without Project PM Peak Hour Volumes ....................... 22 Figure 4.1: Project Trip Distribution ................................................................................................. 27 Figure 4.2: Project AM Peak Hour Trip Assignment ......................................................................... 28 Figure 4.3: Project PM Peak Hour Trip Assignment ......................................................................... 29
19081 Yorba Linda Boulevard Residential Project
ii Traffic Impact Analysis
Figure 5.1: Existing Year (2025) With Project AM Peak Hour Volumes ........................................ 32 Figure 5.2: Existing Year (2025) With Project PM Peak Hour Volumes ........................................ 33 Figure 5.3: Horizon Year (2045) With Project AM Peak Hour Volumes ........................................ 38 Figure 5.4: Horizon Year (2045) With Project PM Peak Hour Volumes ........................................ 39 TABLES
Table 2-1: Relationship Between Control Delay and LOS at Signalized Intersections ................... 8 Table 2-2: Relationship Between Delay and LOS at Unsignalized Intersections ............................. 8 Table 3-1: Existing Year (2025) AM & PM Peak Hour LOS ........................................................... 14 Table 3-2: Existing Year (2025) AM and PM Queueing Analysis .................................................. 18 Table 3-3: Project Horizon Year (2045) without Project AM & PM Peak Hour LOS .................... 20 Table 4-1: Project Trip Generation .................................................................................................. 26 Table 5-1: Existing Year (2025) With Project AM & PM Peak Hour LOS ..................................... 31 Table 5-2: Existing Year (2025) With Project AM and PM Queueing Analysis ............................ 35 Table 5-3: Horizon Year (2045) With Project AM & PM Peak Hour LOS ..................................... 37 Table 5-4: Horizon Year (2045) With Project AM and PM Queueing Analysis............................ 41
APPENDICES
APPENDIX A – VEHICLE MILES TRAVELED (VMT) SCREENING ANALYSIS APPENDIX B – COUNT SHEETS
APPENDIX C – LEVEL OF SERVICE CALCULATIONS
APPENDIX D – LEVEL OF SERVICE CALCULATIONS FOR QUEUING PURPOSES ONLY
19081 Yorba Linda Boulevard Residential Project
1 Traffic Impact Analysis
1 EXECUTIVE SUMMARY
This Traffic Impact Analysis (TIA) has been prepared by EPD Solutions, Inc. (EPD) to evaluate the potential traffic-related impacts of the proposed residential development project (Project). The Vehicle Miles Traveled (VMT) screening memorandum for the Project was prepared by EPD and approved by the City of Yorba Linda. The Project site is located at 19081 Yorba Linda Boulevard in the City of Yorba Linda and encompasses Assessor’s Parcel Number (APN) 323-081-35.
The proposed Project would construct 62 attached, three-story townhome residential units on the 2.6- acre site, which would result in a density of 23 du/ac. The residential units would have three or four bedrooms and would range from 1,363 to 1,639 net square feet (SF). The Project is eligible for a density bonus under State DBL because three of the 62 proposed units, or five percent of the total units, would be restricted for very-low income households.
Access to the Project site would be provided by a 24-foot-wide driveway on Yorba Linda Boulevard.
Internal circulation would be served by 24-foot-wide drive aisles that also function as fire access lanes.
The Project provides a total of 137 parking spaces, or approximately 2.2 spaces per dwelling unit.
Each unit includes a two-car garage, resulting in 124 garage spaces, all pre-wired for electric vehicle (EV) chargers. In addition, 13 guest spaces are proposed, consisting of 10 uncovered head-in spaces (including one ADA-compliant space) and three uncovered parallel spaces located along the main internal drive aisle.
The trip generation for the proposed Project was analyzed utilizing the Institution of Transportation Engineers (ITE) Trip Generation Manual, 11th edition. The analysis used trip rates from the Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition. It is to be noted that the trip generation for the Project was initially prepared with the 11th Edition of the ITE Trip Generation Manual prior to the release of the 12th Edition; however, the Project would still generate the same number of trips given the slight variations between the AM and PM trip rates of the 11th and 12th editions. The proposed 62 dwelling units (DU) were analyzed using ITE Land use code 220 Multifamily Housing (LowRise). The proposed Project is anticipated to generate 418 daily trips, with 25 trips occurring during the AM peak hour and 32 trips occurring during the PM peak hour.
Intersection Analysis
The following study area intersections were evaluated during the AM and PM peak hours:
1. Ohio St/Yorba Linda Blvd (Signalized)
2. S Ohio St/Yorba Linda Blvd (Signalized)
3. Project Driveway/Yorba Linda Blvd (TWSC)
4. Palm Avenue/Yorba Linda Blvd (Signalized)
AM and PM peak hour traffic operations were evaluated for the following scenarios:
• Existing Conditions: Defined as existing conditions under the year 2025. • Existing Conditions With Project: Defined as existing conditions under the year 2025 and traffic from the Project.
19081 Yorba Linda Boulevard Residential Project
2 Traffic Impact Analysis
• Horizon Year (2045): Defined as a 20-year projection based on Existing Conditions with an assumed annual ambient growth rate of 2 percent.
• Horizon Year (2045) With Project: Defined as a 20-year projection based on Existing Conditions with an assumed annual ambient growth rate of 2 percent and the addition of projectgenerated traffic.
Intersection Operations Summary:
• Existing Conditions: All study intersections operate at satisfactory Levels of Service (LOS). • Existing with Project Conditions: All study intersections would operate at satisfactory LOS. • Horizon Year Conditions: All study intersections would operate at satisfactory LOS. • Horizon Year with Project Conditions: All study intersections would operate at satisfactory LOS.
Queueing Analysis Summary:
A detailed queueing analysis was performed for all study intersections under each analysis scenario, including Existing, Existing with Project, Horizon Year, and Horizon Year with Project conditions. The analysis evaluated right and left-turn movements against available storage lengths to identify potential operational constraints. Based on the intersection and queueing analyses, the proposed Project is not expected to result in any significant traffic impacts under existing or horizon year conditions.
Overall Summary:
The Project would not cause a significant traffic impact at the study intersections, based on the City of Yorba Linda guidelines.
19081 Yorba Linda Boulevard Residential Project
3 Traffic Impact Analysis
2 INTRODUCTION
The scope of work for this Traffic Impact Analysis (TIA) was approved by the City of Yorba Linda during a coordination meeting with EPD Solutions on September 18, 2025. The TIA has been prepared in coordination with City staff discussions from that meeting and in accordance with the methodologies and significance criteria specified in the City of Yorba Linda Traffic Impact Analysis Guidelines (May 2020) and the City of Yorba Linda General Plan (2016).
Prior to this TIA, a Vehicle Miles Traveled (VMT) Screening Analysis for the proposed project was submitted to and approved by the City of Yorba Linda. The approved VMT Screening Analysis is included in Appendix A.
2.1 Project Description
The proposed residential Project would construct 62 attached, three-story townhome residential units on the 2.6-acre site, which would result in a density of 23 du/ac. The residential units would have three or four bedrooms and would range from 1,363 to 1,639 net square feet (SF). The Project is eligible for a density bonus under State DBL because three of the 62 proposed units, or five percent of the total units, would be restricted for very-low-income households.
Access to the Project site would be provided by a 24-foot-wide driveway on Yorba Linda Boulevard.
Internal circulation would be served by 24-foot-wide drive aisles that also function as fire access lanes.
The Project provides a total of 137 parking spaces, or approximately 2.2 spaces per dwelling unit.
Each unit includes a two-car garage, resulting in 124 garage spaces, all pre-wired for electric vehicle (EV) chargers. In addition, 13 guest spaces are proposed, consisting of 10 uncovered head-in spaces (including one ADA-compliant space) and three uncovered parallel spaces located along the main internal drive aisle.
The location of the Project is shown in Figure 2.1, Project Location, and the proposed Project site plan is shown in Figure 2.2, Project Site Plan.
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Figure 2.1: Project Location
19081 Yorba Linda Boulevard
City of Yorba Linda
Figure 3-1
Conceptual Site Plan
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2.2 Study Area and Analysis Scenarios
This TIA includes an analysis of two-way stop-controlled (TWSC) and signalized intersections. The following intersections were included in the analysis:
1. Ohio St/Yorba Linda Blvd (Signalized)
2. S Ohio St/Yorba Linda Blvd (Signalized)
3. Project Driveway/Yorba Linda Blvd (TWSC)
4. Palm Avenue/Yorba Linda Blvd (Signalized)
The locations of the study area intersections are shown in Figure 2.3, Project Study Area. Study area intersections were evaluated during the AM and PM peak hours, which are defined as the hours with the highest traffic volumes during the 7 AM to 9 AM and 4 PM to 6 PM peak commute periods. AM and PM peak hour traffic operations were evaluated for the following scenarios:
• Existing Conditions: Defined as existing conditions under the year 2025. • Existing Conditions With Project: Defined as existing conditions under the year 2025 and traffic from the Project.
• Horizon Year (2045): Defined as a 20-year projection based on Existing Conditions with an assumed annual ambient growth rate of 2 percent.
• Horizon Year (2045) With Project: Defined as a 20-year projection based on Existing Conditions with an assumed annual ambient growth rate of 2 percent and the addition of project-generated traffic.
EPD collected counts for all study intersections on Tuesday, August 26, 2025 and Wednesday, October 22, 2025, specifically for this Project. Forecasted traffic volumes for the Project Horizon Year (2045) conditions were defined by applying a 2-percent annual ambient growth rate, compounded over 20 years (resulting in a cumulative growth factor of 1.4), to the existing traffic volumes. Traffic count data is provided in Appendix B.
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Figure 2.3: Project Study Area
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2.3 Intersection Analysis Methodology
Intersection operations are evaluated using level of service (LOS), which is a measure of the delay experienced by drivers on a roadway facility. LOS A indicates free-flow traffic conditions and is generally the best operating conditions. LOS F indicates extremely congested conditions and the worst operating conditions from the driver’s perspective.
LOS at signalized intersections is defined in terms of the weighted average control delay for the intersection. Control delay is a measure of the increase in travel time that is experienced due to traffic signal control and is expressed in terms of average control delay per vehicle (in seconds). Control delay is determined based on the intersection geometry and volume, signal cycle length, phasing, and coordination along the arterial corridor. Table 2-1 shows the relationship between control delay and LOS.
Table 2-1: Relationship Between Control Delay and LOS at Signalized Intersections LOS Delay (Seconds per Vehicle)
A ≤ 10
B >10 – 20
C >20 – 35
D >35 – 55
E >55 – 80
F >80
Unsignalized intersections are categorized as either all-way stop control (AWSC) or TWSC. LOS at AWSC intersections is determined by the weighted average control delay of the overall intersection.
The HCM TWSC intersection methodology calculates LOS based on the delay experienced by drivers on the minor (stop-controlled) approaches to the intersection. For TWSC intersections, LOS is determined for each minor-street movement, as well as the major-street left-turns. The relationship between delay and LOS at unsignalized intersections is shown in Table 2-2.
Table 2-2: Relationship Between Delay and LOS at Unsignalized Intersections LOS Delay (seconds)
A 0-10
B >10 – 15
C >15 – 25
D >25 – 35
E >35 – 50
F >50
In this report, the Intersection Capacity Utilization (ICU) method is used for signalized intersections, and the Highway Capacity Manual (HCM), 7th Edition, is used for unsignalized intersection (Project Driveway/Yorba Linda Bouelvard).
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2.4 LOS Standard
City of Yorba Linda
The standard acceptable LOS in the City of Yorba Linda is LOS D. According to the City’s guidelines, the project traffic volumes resulting in a 1 percent increase in the volume-to-capacity (V/C) ratio of a deficient intersection (LOS E or F) as compared to the No Project condition will require intersection improvements. The fair-share cost for the proposed improvements in the cumulative condition should also be calculated.
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3 BASELINE CONDITIONS
This section discusses the baseline (without Project) conditions. Baseline conditions are those conditions that exist within the study area under existing conditions and conditions that are forecast to occur in the future, without the proposed Project (this includes Existing Year (2025) Conditions and Project Horizon Year (2045) Conditions.
3.1 Existing Regional Transportation System and Access
The Project site is located at 19081 Yorba Linda Boulevard in the western central portion of the City of Yorba Linda within Orange County in Section 23, Township 3 South, Range 9 West in the Yorba Linda (7.5-minute) Quadrangle. Regional access to the site is provided via State Route 90 (known locally as Imperial Highway), State Route 91 (known locally as Riverside Freeway), and State Route 57 (known locally as Orange Freeway). Local access to the site is provided via Yorba Linda Boulevard and Ohio Street. The characteristics of each roadway are discussed below:
• State Route 57 (SR-57) – Orange Freeway: SR-57 is a north–south freeway connecting Interstate 5 (I-5)/SR-22 near downtown Orange to Interstate 210 (I-210) in Glendora. It provides a primary regional link between the Los Angeles Basin and the Pomona and San Gabriel Valleys.
• State Route 90 (SR-90) – Richard M. Nixon Parkway / Marina Freeway: SR-90 consists of two segments. The eastern segment, the Richard M. Nixon Parkway, runs through Yorba Linda, connecting Yorba Linda Boulevard and Esperanza Road, while the western segment, the Marina Freeway, extends from Lincoln Boulevard (SR-1) in Marina del Rey to Slauson Avenue in Los Angeles. It is to be noted that Imperial Highway within the Yorba Linda City limits is under the City’s jurisdiction, not Caltrans.
• State Route 91 (SR-91) – Riverside Freeway: SR-91 is an east–west freeway extending from Vermont Avenue in Gardena to Interstate 215 (I-215) in Riverside. It serves as a major corridor linking Los Angeles, Orange, and Riverside Counties, providing access to I-5, SR-57, SR-55, and I-15.
3.2 Study Area Street Network
A description of the primary roadways within the study area is included below. Existing lane geometries and traffic control at the three study intersections that currently exist are shown in Figure 3.1, Existing Lane Geometries and Traffic Control.
• Yorba Linda Boulevard: Yorba Linda Boulevard is a major east-west arterial roadway in the City of Yorba Linda, featuring a curb-to-curb width of approximately 84 feet and accommodating six lanes—three in each direction. The posted speed limit is 40 mph, with reduced speeds of 25 mph near school zones to enhance pedestrian safety. The roadway includes center turn lanes at most signalized and some unsignalized intersections to improve traffic flow and minimize congestion. Recent infrastructure upgrades have included pavement
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reconstruction, replacement of curb, gutter, and sidewalk panels, and corner ramp improvements to ensure ADA compliance. Designated Class II bicycle lanes exist in both directions, supporting on-street bicycle travel within the existing roadway cross-section (City of Yorba Linda General Plan, Circulation Element, 2016).
• Ohio Street: Ohio Street is a local residential street with a variable curb-to-curb width narrower than standard residential streets. The posted speed limit is 30 mph. The street currently lacks sidewalks, curbs, or lighting, limiting pedestrian and bicycle access. According to the City of Yorba Linda General Plan, future improvements may include multimodal pathways along Ohio Street to enhance connectivity for cyclists and pedestrians, consistent with the City’s objectives for complete streets and safer roadways (City of Yorba Linda General Plan, Circulation Element, 2016).
• Palm Avenue: Palm Avenue is a collector with variable curb-to-curb widths. The posted speed limit is 30 mph. Sidewalks are partially present at the western portion of Palm Avenue. Bikeways are currently not present on Palm Avenue. According to the City of Yorba Linda General Plan, bikeway improvements are not proposed.
Transit Connectivity
The nearest bus stop to the project site is at the intersection of Yorba Linda Boulevard and Eureka Avenue, served by Orange County Transportation Authority (OCTA) Route 26, which provides service between Fullerton Park-and-Ride and Yorba Linda. Buses operate with variable frequency throughout the day and are equipped with low floors and wheelchair ramps for accessibility.
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Figure 3.1: Existing Lane Geometries and Traffic Control Ohio St/Yorba
Linda Blvd
S Ohio St/Yorba
Linda Blvd
Project Dwy/Yorba
Linda Blvd
Palm Ave/Yorba
Linda Blvd
3 4
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13 3.3 Existing Year (2025) Traffic Volumes and Intersection Operations
Turning movement counts for the AM and PM peak hours were collected at all study intersections on Tuesday, August 26, 2025 and Wednesday, October 22, 2025, specifically for this project. On the same date, Average Daily Traffic (ADT) counts were obtained for the segment of Yorba Linda Boulevard east of South Ohio Street. Traffic count data sheets are included in Appendix B.
Existing AM and PM peak hour traffic volumes at the study intersections are shown in Figure 3.2, Existing Year (2025) AM Peak Hour Traffic Volumes, and Figure 3.3, Existing Year (2025) PM Peak Hour Traffic Volumes, respectively. LOS at the study area intersections were determined using Intersection Capacity Utilization (ICU) for signalized intersections and the Highway Capacity Manual (HCM) 7th Edition for the unsignalized intersection (Project Driveway/Yorba Linda Bouelvard), as described previously in Section 2.3, Intersection Analysis Methodology. The Existing LOS at study intersections is shown in Table 3-1. All LOS calculations are provided in Appendix C. As shown in Table 3-1, all intersections operate at satisfactory LOS under Existing Conditions.
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14 Table 3-1: Existing Year (2025) AM & PM Peak Hour LOS Worst
Movement
Delay
(s/veh)1 LOS2 V/C3 Worst Movement Delay (s/veh)1 LOS2 V/C3
1. Ohio St/Yorba Linda Blvd City of Yorba Linda Signalized WB Right - A 0.32 EB Thru - A 0.31 D2. S Ohio St/Yorba Linda Blvd City of Yorba Linda Signalized WB Thru - A 0.34 EB Thru - A 0.34 D3. Project Driveway/Yorba Linda Blvd City of Yorba Linda TWSC - - - - - - - - D4. Palm Ave/Yorba Linda Blvd City of Yorba Linda Signalized WB Thru - A 0.29 EB Thru - A 0.29 D =Unsatisfactory Level of Service
3Volume to Capacity ratio
TWSC = Two-Way Stop Control
1Delay in Seconds2Level of Service
Intersection Jurisdiction
Traffic
Control
LOS
Standard
PM Peak
Existing Condition
AM Peak
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15 Figure 3.2: Existing Year (2025) AM Peak Hour Traffic Volumes Ohio St/Yorba
Linda Blvd
S Ohio St/Yorba
Linda Blvd
Project Dwy/Yorba
Linda Blvd
Palm Ave/Yorba
Linda Blvd
3 4
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16 Figure 3.3: Existing Year (2025) PM Peak Hour Traffic Volumes Ohio St/Yorba
Linda Blvd
S Ohio St/Yorba
Linda Blvd
Project Dwy/Yorba
Linda Blvd
Palm Ave/Yorba
Linda Blvd
3 4
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17 3.4 Existing Year (2025) Conditions: Queuing Analysis A queuing analysis was conducted for intersections within the study area in the City of Yorba Linda that could be affected by deficient queue lengths under Existing Year (2025) Conditions. The queuing analysis was completed utilizing the 95th percentile available as shown in the Vistro output sheets attached in Appendix D. As shown in Table 3-2, Existing AM and PM Queueing Analysis, the queuing demands at the study intersections operate within the capacities, under Existing Year (2025) conditions.
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18 Table 3-2: Existing Year (2025) AM and PM Queueing Analysis AM PM
Required Required
Queueing (Ft) Queueing (Ft)
SBR 50 10 7
EBL 200 8 9
NBR 90 6 7
WBL 205 9 8
3 Project Driveway/Yorba Linda Blvd SBR - - -
SBR 50 5 5
EBL 200 1 2
Indicates queueing required greater than storage available 4 Palm Ave/Yorba Linda Blvd
1 2
Ohio St/Yorba Linda Blvd
S Ohio St/Yorba Linda Blvd
Turning
Movement
Available
Queue
Length (Ft)
Existing Year (2025)
Intersection
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19 3.5 Project Horizon Year (2045) without Project Volumes and Intersection Operations
Project Horizon Year (2045) traffic volumes without the Project were developed with a 20-year projection based on Existing Conditions, assuming an annual ambient growth rate of 2 percent.
Project Horizon Year (2045) without Project AM & PM traffic volumes is illustrated in Figures 3.4, Project Horizon Year (2045) without Project AM Peak Hour Volumes, and 3.5, Project Horizon Year (2045) without Project PM Peak Hour Volumes, respectively. LOS at the study area intersections were determined using Intersection Capacity Utilization (ICU) for signalized intersections and the Highway Capacity Manual (HCM) 7th Edition for the unsignalized intersection (Project Driveway/Yorba Linda Bouelvard), described previously in Section 2.3, Intersection Analysis Methodology. Table 3-3 below shows the Project Horizon Year (2045) without Project AM and PM peak hour LOS at study intersections.
LOS calculations are provided in Appendix C. As shown in Table 3-3, all intersections operate at satisfactory LOS under Project Horizon Year (2045) Conditions.
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20 Table 3-3: Project Horizon Year (2045) without Project AM & PM Peak Hour LOS Worst
Movement
Delay
(s/veh)1 LOS2 V/C3 Worst Movement Delay (s/veh)1 LOS2 V/C3
1. Ohio St/Yorba Linda Blvd City of Yorba Linda Signalized WB Right - A 0.45 EB Thru - A 0.43 D
2. S Ohio St/Yorba Linda Blvd City of Yorba Linda Signalized WB Thru - A 0.48 EB Right - A 0.48 D3. Project Driveway/Yorba Linda Blvd City of Yorba Linda TWSC - - - - - - - - D4. Palm Ave/Yorba Linda Blvd City of Yorba Linda Signalized WB Thru - A 0.40 EB Thru - A 0.41 D =Unsatisfactory Level of Service
3Volume to Capacity ratio
LOS
Standard
TWSC = Two-Way Stop Control
1Delay in Seconds2Level of Service
Intersection Jurisdiction Traffic Control AM Peak PM Peak Horizon Year Condition (2045)
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21 Figure 3.4: Project Horizon Year (2045) without Project AM Peak Hour Volumes Ohio St/Yorba
Linda Blvd
S Ohio St/Yorba
Linda Blvd
Project Dwy/Yorba
Linda Blvd
Palm Ave/Yorba
Linda Blvd
3 4
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22 Figure 3.5: Project Horizon Year (2045) without Project PM Peak Hour Volumes Ohio St/Yorba
Linda Blvd
S Ohio St/Yorba
Linda Blvd
Project Dwy/Yorba
Linda Blvd
Palm Ave/Yorba
Linda Blvd
3 4
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23 3.6 Project Horizon Year (2045) Conditions: Queuing Analysis A queuing analysis was conducted for intersections within the study area in the City of Yorba Linda that could be affected by deficient queue lengths under Horizon Year (2045) conditions. The queuing analysis was completed utilizing the 95th percentile available as shown in the Vistro output sheets attached in Appendix D. As shown in Table 3-4, Horizon Year (2045) AM and PM Queueing Analysis, under Project Horizon Year (2045) conditions, the queuing demands at all study intersections would operate within the capacities except the following approach:
1. Ohio St/Yorba Linda Blvd: Southbound right-turn lane
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24 Table 3-4: Horizon Year AM and PM Queueing Analysis
AM PM
Required Required
Queueing (Ft) Queueing (Ft)
SBR 50 26 61
EBL 200 16 46
NBR 90 46 19
WBL 205 131 15
3 Project Driveway/Yorba Linda Blvd SBR - - -
SBR 50 12 20
EBL 200 3 4
Indicates queueing required greater than storage available 4 Palm Ave/Yorba Linda Blvd
2 S Ohio St/Yorba Linda Blvd
1 Ohio St/Yorba Linda Blvd
Intersection
Turning
Movement
Available
Queue
Length (Ft)
Horizon Year (2045)
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25 4 PROPOSED PROJECT
4.1 Project Trip Generation
The trip generation for the proposed Project was analyzed utilizing the ITE Trip Generation Manual, 11th edition. The Project trip generation is shown in Table 4-1. The Project trip generation was calculated using trip rates from the ITE, Trip Generation Manual 11th Edition, 2021. The analysis used trip rates from the Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition. It is to be noted that the trip generation for the Project was initially prepared with the 11th Edition of the ITE Trip Generation Manual prior to the release of the 12th Edition; however, the Project would still generate the same number of trips given the slight variations between the AM and PM trip rates of the 11th and 12th editions. The proposed 62 dwelling units (DU) were analyzed using ITE Land use code 220 Multifamily Housing (Low-Rise). As shown in Table 4-1, the proposed Project is anticipated to generate 418 daily trips, with 25 trips occurring during the AM peak hour and 32 trips occurring during the PM peak hour.
4.2 Project Trip Distribution
The distribution considers the location of the proposed Project in relation to local and regional access points and follows the assumptions outlined in the City of Yorba Linda Traffic Impact Analysis Guidelines (May 2020). The trip distribution for the proposed Project is presented in Figure 4.1, Project Trip Distribution. Project trip assignments for the AM and PM peak hours are shown in Figure 4.2, Project AM Peak Hour Trip Assignment, and Figure 4.3, Project PM Peak Hour Trip Assignment, respectively.
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Table 4-1: Project Trip Generation
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27 Figure 4.1: Project Trip Distribution
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28 Figure 4.2: Project AM Peak Hour Trip Assignment
Ohio St/Yorba
Linda Blvd
S Ohio St/Yorba
Linda Blvd
Project Dwy/Yorba
Linda Blvd
Palm Ave/Yorba
Linda Blvd
3 4
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29 Figure 4.3: Project PM Peak Hour Trip Assignment
Ohio St/Yorba
Linda Blvd
S Ohio St/Yorba
Linda Blvd
Project Dwy/Yorba
Linda Blvd
Palm Ave/Yorba
Linda Blvd
3 4
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30 5 BASELINE WITH PROJECT CONDITIONS
5.1 Existing Year (2025) With Project Traffic Volumes and Intersection Operations
The following intersection would be constructed with the completion of the project:
3. Project Driveway/Yorba Linda Blvd (TWSC)
The Existing With Project traffic volumes were developed by adding the Project’s trip assignment to the Existing Year Conditions without Project traffic volumes. The AM peak hour and PM peak hour traffic volumes for this scenario are shown in Figure 5.1, Existing Year (2025) With Project AM Peak Hour Volumes, and Figure 5.2, Existing Year (2025) With Project PM Peak Hour Volumes, respectively. LOS at the study area intersections were determined using Intersection Capacity Utilization (ICU) for signalized intersections and the Highway Capacity Manual (HCM) 7th Edition for unsignalized intersection (Project Driveway/Yorba Linda Bouelvard), as described previously in Section 2.3, Intersection Analysis Methodology. The Horizon Year (2045) With Project LOS at the study intersections are shown in Table 5-1, Existing With Project AM & PM Peak Hour LOS. All LOS calculations are provided in Appendix C. As shown in Table 5-1, all intersections operate at a satisfactory level of service (LOS) during the AM and PM peak hours under Existing With Project Conditions.
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31 Table 5-1: Existing Year (2025) With Project AM & PM Peak Hour LOS Worst
Movement
Delay
(s/veh)1 LOS2 V/C3 Worst Movement Delay (s/veh)1 LOS2 V/C3 Worst Movement Delay (s/veh)1 LOS2 V/C3 Worst Movement Delay (s/veh)1 LOS2 V/C3
1. Ohio St/Yorba Linda Blvd City of Yorba Linda Signalized WB Right - A 0.32 EB Thru - A 0.31 WB Thru - A 0.32 EB Thru - A 0.31 D 0.0 0.0
2. S Ohio St/Yorba Linda Blvd City of Yorba Linda Signalized WB Thru - A 0.34 EB Thru - A 0.34 WB Thru - A 0.35 EB Thru - A 0.35 D 0.0 0.03. Project Driveway/Yorba Linda Blvd City of Yorba Linda TWSC - - - - - - - - SB Right 15.7 C 0.05 SB Right 14.3 B 0.03 D - - 4. Palm Ave/Yorba Linda Blvd City of Yorba Linda Signalized WB Thru - A 0.29 EB Thru - A 0.29 WB Right - A 0.29 EB Thru - A 0.29 D 0.29 0.29 =Unsatisfactory Level of Service
AM V/C
Difference
PM V/C
Difference
LOS
Standard
3Volume to Capacity ratio1Delay in Seconds2Level of Service Intersection Jurisdiction Traffic Control
TWSC = Two-Way Stop Control
AM Peak PM Peak
Existing Condition Existing Condition Plus Project
AM Peak PM Peak
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32 Figure 5.1: Existing Year (2025) With Project AM Peak Hour Volumes Ohio St/Yorba
Linda Blvd
S Ohio St/Yorba
Linda Blvd
Project Dwy/Yorba
Linda Blvd
Palm Ave/Yorba
Linda Blvd
3 4
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33 Figure 5.2: Existing Year (2025) With Project PM Peak Hour Volumes Ohio St/Yorba
Linda Blvd
S Ohio St/Yorba
Linda Blvd
Project Dwy/Yorba
Linda Blvd
Palm Ave/Yorba
Linda Blvd
3 4
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34 5.2 Existing Year (2025) With Project Conditions: Queuing Analysis
A queueing analysis was conducted for the intersections that could be affected by a deficient queueing length under Existing Year (2025) With Project Conditions. The queuing analysis was completed utilizing the 95th percentile available as shown in the Vistro output sheets attached in Appendix D.
As shown in Table 5-2, Existing Year (2025) With Project AM and PM Queueing Analysis, the queuing demands at all study intersections would operate within the capacities. The Project is not anticipated to deteriorate the queueing deficiency by one car length at any study intersection approaches under Existing Year (2025) With Project Conditions.
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35 Table 5-2: Existing Year (2025) With Project AM and PM Queueing Analysis AM PM
Required Required
Queueing (Ft) Queueing (Ft)
SBR 50 10 7
EBL 200 9 9
NBR 90 6 7
WBL 205 12 10
3 Project Driveway/Yorba Linda Blvd SBR - 4 2
SBR 50 5 5
EBL 200 2 2
Indicates queueing required greater than storage available 4 Palm Ave/Yorba Linda Blvd 2 S Ohio St/Yorba Linda Blvd Intersection Turning
Movement
Available
Queue
Length (Ft)
Existing Year (2025) With Project
1 Ohio St/Yorba Linda Blvd
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36 5.3 Horizon Year (2045) With Project Traffic Volumes and Intersection Operations
The following intersection would be constructed with the completion of the project:
3. Project Driveway/Yorba Linda Blvd (TWSC)
The Horizon Year (2045) With Project traffic volumes were developed by adding the Project’s trip assignment to the Project Horizon Year (2045) without Project traffic volumes. The AM peak hour and PM peak hour traffic volumes for this scenario are shown in Figure 5.3 and Figure 5.4, respectively. LOS at the study area intersections were determined using Intersection Capacity Utilization (ICU) for signalized intersections and the Highway Capacity Manual (HCM) 7th Edition for unsignalized intersections (project driveway/intersection), as described previously in Section 2.3, Intersection Analysis Methodology. The Horizon Year (2045) With Project LOS at the study intersections are shown in Table 5-3, Horizon Year (2045) With Project AM & PM Peak Hour LOS. All LOS calculations are provided in Appendix C. As shown in Table 5-3, all intersections operate with a satisfactory level of service (LOS) during the AM and PM peak hours under Horizon Year With Project Conditions.
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Table 5-3: Horizon Year (2045) With Project AM & PM Peak Hour LOS Worst
Movement
Delay
(s/veh)1 LOS2 V/C3 Worst Movement Delay (s/veh)1 LOS2 V/C3 Worst Movement Delay (s/veh)1 LOS2 V/C3 Worst Movement Delay (s/veh)1 LOS2 V/C3
1. Ohio St/Yorba Linda Blvd City of Yorba Linda Signalized WB Right - A 0.45 EB Thru - A 0.43 WB Right - A 0.45 EB Thru - A 0.44 D 0.0 0.02. S Ohio St/Yorba Linda Blvd City of Yorba Linda Signalized WB Thru - A 0.48 EB Right - A 0.48 WB Thru - A 0.49 EB Right - A 0.48 D 0.0 0.03. Project Driveway/Yorba Linda Blvd City of Yorba Linda TWSC - - - - - - - - SB Right 21.1 C 0.08 SB Right 18.2 C 0.04 D 0.08 0.04
4. Palm Ave/Yorba Linda Blvd City of Yorba Linda Signalized WB Thru - A 0.40 EB Thru - A 0.41 WB Thru - A 0.40 EB Thru - A 0.41 D 0.40 0.41 =Unsatisfactory Level of Service
AM V/C
Difference
PM V/C
Difference
LOS
Standard Intersection Jurisdiction Traffic Control
3Volume to Capacity ratioTWSC = Two-Way Stop Control1Delay in Seconds2Level of Service AM Peak PM Peak AM Peak
Horizon Year Condition (2045) Horizon Year Condition (2045) Plus Project PM Peak
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38 Figure 5.3: Horizon Year (2045) With Project AM Peak Hour Volumes Ohio St/Yorba
Linda Blvd
S Ohio St/Yorba
Linda Blvd
Project Dwy/Yorba
Linda Blvd
Palm Ave/Yorba
Linda Blvd
3 4
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39 Figure 5.4: Horizon Year (2045) With Project PM Peak Hour Volumes Ohio St/Yorba
Linda Blvd
S Ohio St/Yorba
Linda Blvd
Project Dwy/Yorba
Linda Blvd
Palm Ave/Yorba
Linda Blvd
3 4
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40 5.4 Horizon Year (2045) With Project Conditions: Queuing Analysis
A queueing analysis was conducted for the intersections that could be affected by a deficient queueing length under Horizon Year (2045) With Project Conditions. The queuing analysis was completed utilizing the 95th percentile available, as shown in the Vistro output sheets attached in Appendix D. As shown in Table 5-4, Horizon Year (2045) With Project AM and PM Queueing Analysis, the following approaches have a deficient queue under Horizon Year (2045) With Project Conditions at the following approaches:
1. Ohio St/Yorba Linda Blvd: Southbound right-turn lane The Project is not anticipated to deteriorate the queueing deficiency by one car length at any study intersection approaches under Horizon Year (2045) With Project Conditions.
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41 Table 5-4: Horizon Year (2045) With Project AM and PM Queueing Analysis
AM PM AM PM AM PM
Required Required Required Required Queueing Queueing
Queueing
(Ft) Queueing (Ft) Queueing (Ft) Queueing (Ft) Difference (Ft) Difference (Ft) SBR 50 26 61 27 64 No No - -
EBL 200 16 46 16 48 No No - -
NBR 90 46 19 48 19 No No - -
WBL 205 131 15 73 19 No No - -
3 Project Driveway/Yorba Linda Blvd SBR - - - 6 3 No No - - SBR 50 12 20 13 21 No No - -
EBL 200 3 4 4 5 No No - -
Indicates queueing required greater than storage available Turning
Movement
Available
Queue
Length (Ft)
Horizon Year (2045) Without Project
1 1 The project would cause a deficiency if: a) The addition of project trips causes the queue to exceed the storage length and b) The project adds one car length (25 feet) of queue to a queue that exceeds the storage length in the baseline condition.
2 Project Queue Difference
Deficiency?1
Horizon Year (2045) With Project
AM PM
Ohio St/Yorba Linda Blvd S Ohio St/Yorba Linda Blvd
Intersection
3 Project Driveway/Yorba Linda Blvd
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6 Conclusion
In conformance with City of Yorba Linda requirements, a TIA was completed for the proposed residential development located at 19081 Yorba Linda Boulevard (APN 323-081-35) in the City of Yorba Linda.
The VMT screening memo for the proposed Project was prepared by EPD and approved by the City.
The Project proposes 62 attached, three-story townhome residential units on a 2.6-acre site, resulting in a residential density of 23 dwelling units per acre (du/ac). The units would include three- and fourbedroom layouts ranging from 1,363 to 1,639 net square feet (SF). Vehicular access would be provided via a 24-foot-wide driveway on Yorba Linda Boulevard, with internal circulation served by 24-footwide drive aisles that also function as fire access lanes. The Project would provide 137 parking spaces (approximately 2.2 spaces per dwelling unit), including 124 garage spaces (each pre-wired for EV chargers) and 13 guest spaces—10 head-in spaces (one ADA-compliant) and 3 parallel spaces.
Trip generation for the proposed Project was based on rates from the Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition, Land Use Code 220 – Multifamily Housing (LowRise). The Project is estimated to generate approximately 418 daily trips, including 25 AM peak-hour trips and 32 PM peak-hour trips.
Intersection Operations Summary:
• Existing Conditions: All study intersections operate at satisfactory Levels of Service (LOS). • Existing with Project Conditions: All study intersections would operate at satisfactory LOS. • Horizon Year Conditions: All study intersections would operate at satisfactory LOS. • Horizon Year with Project Conditions: All study intersections would operate at satisfactory LOS.
Queueing Analysis Summary:
A detailed queueing analysis was performed for all study intersections under each analysis scenario, including Existing, Existing with Project, Horizon Year, and Horizon Year with Project conditions. The analysis evaluated both right and left-turn movements against available storage lengths to identify potential operational constraints. Based on the intersection and queueing analyses, the proposed Project is not expected to result in any significant traffic impacts under existing or horizon year conditions.
Overall Summary:
The Project would not cause a significant traffic impact at the study intersections, based on the City of Yorba Linda guidelines.
19081 Yorba Linda Boulevard Residential Project
Traffic Impact Analysis
APPENDIX A – VEHICLE MILES TRAVELED (VMT) SCREENING ANALYSIS
This technical memorandum evaluates the proposed Project located at 19081 Yorba Linda Boulevard in the City of Yorba Linda and includes Assessor's Parcel Number (APN) 323-081-35. The purpose of this analysis is to determine whether a Vehicle Miles Traveled (VMT) analysis would be required for the proposed Project.
This memo will evaluate the Project using the City of Yorba Linda Traffic Impact Analysis Guidelines (May 2020).
Project Description
The proposed Project would construct 62 attached, three-story townhome residential units on the 2.6-acre site, which would result in a density of 23 du/ac. The units would include three (3) floor plans throughout twelve (12) buildings of which eight (8) would be four-plex buildings, three (3) would be seven-plex buildings, and one (1) would be a nine-plex building. The residential units would have three or four bedrooms and three or four bathrooms and would range from 1,363 to 1,639 net square feet (SF).
The proposed project site plan is shown in Figure 1, Project Site Plan.
Project Trip Generation
A trip generation analysis was prepared to determine the estimated change in site trip generation that would result from the proposed Project. The analysis used trip rates from the Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition. The proposed 62 dwelling units (DU) were analyzed using ITE Land use code 220 Multifamily Housing (Low-Rise). 1 As shown in Table 1, the proposed Project is anticipated to generate 418 daily trips, with 25 trips occurring during the AM peak hour and 32 trips occurring during the PM peak hour. 1 The trip generation used in this analysis was prepared prior to the adoption of the 12th Edition ITE trip rates published on August 18, 2025. Therefore, this analysis uses the prior 11th Edition trip rates. However, the 11th Edition trip rates for Multifamily Housing (Low-Rise) are higher than the 12th Edition rates; therefore, the analysis contained herein is more conservative.
To: City of Yorba Linda
From: Maryam Javanmardi, Chad Karns, EPD Solutions, Inc.
Date: 10/15/2025
Site: 19081 Yorba Linda Blvd, Yorba Linda, CA 92886
Subject: Vehicle Miles Traveled (VMT) Screening Analysis 19081 Yorba Linda Boulevard Residential Project – EPD Project No. 25-062
19081 Yorba Linda Boulevard Residential Project
2 VMT Screening Analysis
Table 1: Project Trip Generation
Vehicle Miles Traveled
Senate Bill (SB) 743 was signed by Governor Brown in 2013 and required the Governor’s Office of Planning and Research (OPR) to amend the California Environmental Quality Act (CEQA) Guidelines to provide an alternative to level of service (LOS) for evaluating transportation impacts, aiming to promote the reduction of greenhouse gas (GHG) emissions, the development of multimodal transportation networks, and a diversity of land uses. In response, Section 15064.3, Determining the Significance of Transportation Impacts, was added to the CEQA Guidelines, which states that VMT is the most appropriate measure of transportation impacts and shall apply statewide beginning on July 1, 2020.
City of Yorba Linda VMT Screening
The City’s TIA Guidelines ‘CEQA Assessment - VMT Analysis’ Section provides VMT screening thresholds to identify projects that would be considered to have a less-than significant impact on VMT and therefore could be screened from further analysis. If a project meets one of the following criteria, then the VMT impact of the project would be considered less-than significant and no further analysis of VMT would be required:
1. Transit Priority Area (TPA) Screening
2. Low VMT Area Screening
3. Project Type Screening
The applicability of each criterion to the project is discussed below.
Screening Criteria 1 - Transit Priority Area Screening: According to the City’s Guidelines, projects located in a TPA may be presumed to have a less than significant impact. A TPA is defined as a half mile area around an existing major transit stop or an existing stop along a high-quality transit corridor. The City guidelines also state that a project may not meet the screening threshold if the following project or location specific criteria are not met:
• Has a Floor Area Ratio (FAR) of less than 0.75;
• Includes more parking for use by residents, customers, or employees of the project than required by the City;
• Is inconsistent with the applicable Sustainable Communities Strategy (as determined by the lead agency, with input from the Metropolitan Planning Organization); or • Replaces affordable residential units with a smaller number of moderate- or high-income residential units.
The TPA’s within North Orange County are shown in Figure 2, North Orange County Cities TPAs. According to the NOCC+ VMT Screening Tool, the proposed Project is not located within a TPA; therefore, Screening Criteria 1 is not met.
19081 Yorba Linda Boulevard Residential Project
3 VMT Screening Analysis
Screening Criteria 2 - Low VMT Area Screening: The City of Yorba Linda Traffic Impact Analysis Guidelines use the NOCC+ to identify projects that could be considered for screening from project-generated VMT impacts. Additionally, the Project must be consistent with the existing land use within that TAZ.
The North Orange County Traffic Analysis Zones are identified in Figure 3, North Orange County TAZ Map.
The Project is located within TAZ 175, which is identified as being in a Low-VMT Area in Figure 4.
Additionally, the Project is consistent with the existing land use; therefore, the Project meets Screening Criteria
2. Screening Criteria 3 – Project Type Screening: According to the City’s Guidelines, projects which propose local serving retail (retail projects less than 50,000 square feet) or other local serving uses would have a less than significant impact on VMT. The types of projects considered local serving include K-12 schools, day care centers, local parks, student housing projects and community institutions such as libraries, fire stations, etc. In addition, projects which would generate fewer than 110 average daily vehicle trips would not cause a substantial increase in the total citywide or regional VMT.
As shown in Table 1, the Project generates 418 daily trips, which is more than 110 daily vehicle trips.
Therefore, Screening Criteria 3 is not met.
Summary
The Project was evaluated using the City’s TIA Guidelines thresholds to determine if a VMT analysis is required. The Project site is located within a Low-VMT Area and meets Screening Criteria 2. Therefore, the Project meets the City’s VMT screening criteria and is presumed to have a less-than-significant VMT impact.
If you have any questions about this analysis, please contact us at (949) 796-1180 or [email protected].
19081 Yorba Linda Boulevard Residential Project
4 VMT Screening Analysis
Figure 1: Project Site Plan
19081 Yorba Linda Boulevard Residential Project
5 VMT Screening Analysis
Figure 2: North Orange County Cities TPAs
Project Location
19081 Yorba Linda Boulevard Residential Project
6 VMT Screening Analysis
Figure 3: North Orange County TAZ Map
Project Location
19081 Yorba Linda Boulevard Residential Project
7 VMT Screening Analysis
Figure 4: NOCC+ Low-VMT Map
Project Location
19081 Yorba Linda Boulevard Residential Project
Traffic Impact Analysis
APPENDIX B – COUNT SHEETS
T112224
DATE: LOCATION: PROJECT #: SC5572
Tue, Aug 26, 25 NORTH & SOUTH: LOCATION #: 1
EAST & WEST: CONTROL: SIGNAL
NOTES: AM ▲
PM N
MD ◄ W E ►
OTHER S
OTHER ▼
NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND
NL NT NR SL ST SR EL ET ER WL WT WR TOTAL NB SB EB WB TTL LANES: 0 1 0 0 1 1 1 3 0 0 3 0 0 0 0 0
7:00 AM 1 0 0 2 0 9 3 113 0 0 168 3 299 0 0 0 0 0
7:15 AM 0 0 0 5 0 6 2 154 0 0 214 3 384 0 0 0 0 0
7:30 AM 0 0 0 16 0 5 3 165 0 0 221 3 413 0 0 2 0 2
7:45 AM 0 0 0 5 0 5 2 152 0 0 272 5 441 0 0 0 0 0
8:00 AM 0 0 0 5 0 8 1 167 0 0 346 5 532 0 0 1 0 1
8:15 AM 0 0 0 9 0 7 2 221 0 0 365 4 608 0 0 0 0 0
8:30 AM 0 0 1 4 1 10 1 213 0 0 315 5 550 0 0 1 0 1
8:45 AM 0 0 0 4 0 10 7 218 0 0 279 5 523 0 0 0 0 0
VOLUMES 1 0 1 50 1 60 21 1,403 0 0 2,180 33 3,754 0 0 4 0 4 APPROACH % 50% 0% 50% 45% 1% 54% 1% 98% 0% 0% 99% 1%
APP/DEPART 2 / 54 111 / 1 1,428 / 1,454 2,213 / 2,245 0
BEGIN PEAK HR
VOLUMES 0 0 1 22 1 35 11 819 0 0 1,305 19 2,215 0 0 2 0 APPROACH % 0% 0% 100% 38% 2% 60% 1% 98% 0% 0% 99% 1%
PEAK HR FACTOR 0.250 0.906 0.924 0.897 0.911
APP/DEPART 1 / 30 58 / 1 832 / 842 1,324 / 1,342 0
4:00 PM 0 0 0 4 1 4 8 342 0 0 254 3 616 0 0 0 0 0
4:15 PM 0 1 2 2 0 3 4 365 0 0 248 13 638 0 0 0 0 0
4:30 PM 0 0 0 7 0 3 3 355 0 0 220 5 593 0 0 0 0 0
4:45 PM 0 0 0 3 0 7 4 348 0 0 282 6 650 0 0 0 0 0
5:00 PM 0 0 0 9 0 5 4 367 0 0 255 7 647 0 0 0 0 0
5:15 PM 1 0 0 3 0 5 5 350 0 0 271 7 642 0 0 0 0 0
5:30 PM 0 0 0 5 0 6 4 362 0 0 226 6 609 0 0 0 0 0
5:45 PM 0 0 0 2 0 3 7 327 0 0 240 5 584 0 0 0 0 0
VOLUMES 1 1 2 35 1 36 39 2,816 0 0 1,996 52 4,979 0 0 0 0 0 APPROACH % 25% 25% 50% 49% 1% 50% 1% 99% 0% 0% 97% 3%
APP/DEPART 4 / 92 72 / 1 2,855 / 2,853 2,048 / 2,033 0
BEGIN PEAK HR
VOLUMES 1 0 0 20 0 23 17 1,427 0 0 1,034 26 2,548 0 0 0 0 APPROACH % 100% 0% 0% 47% 0% 53% 1% 99% 0% 0% 98% 2%
PEAK HR FACTOR 0.250 0.768 0.973 0.920 0.980
APP/DEPART 1 / 43 43 / 0 1,444 / 1,447 1,060 / 1,058 0
Ohio St
NORTH LEG
Yorba Linda Blvd WEST LEG EAST LEG Yorba Linda Blvd
SOUTH LEG
Ohio St
N LEG S LEG E LEG W LEG TOTAL N LEG S LEG E LEG W LEG TOTAL NL SL EL WL TOTAL 7:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
7:15 AM 1 2 0 0 3 1 1 0 0 2 0 1 0 0 1
7:30 AM 1 2 2 0 5 1 2 2 0 5 0 0 0 0 0
7:45 AM 2 2 1 0 5 2 1 0 0 3 0 1 1 0 2
8:00 AM 0 1 2 0 3 0 0 0 0 0 0 1 2 0 3
8:15 AM 2 2 0 0 4 1 1 0 0 2 1 1 0 0 2
8:30 AM 0 2 1 0 3 0 2 0 0 2 0 0 1 0 1
8:45 AM 0 1 1 0 2 0 1 1 0 2 0 0 0 0 0
TOTAL 6 12 7 0 25 5 8 3 0 16 1 4 4 0 9
BEGIN PEAK HR 1 4 1 0 6
4:00 PM 1 1 0 0 2 0 1 0 0 1 1 0 0 0 1
4:15 PM 0 1 0 0 1 0 1 0 0 1 0 0 0 0 0
4:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
4:45 PM 0 1 0 0 1 0 0 0 0 0 0 1 0 0 1
5:00 PM 1 0 0 0 1 0 0 0 0 0 1 0 0 0 1
5:15 PM 0 2 0 0 2 0 1 0 0 1 0 1 0 0 1
5:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
5:45 PM 0 1 1 0 2 0 1 1 0 2 0 0 0 0 0
TOTAL 2 6 1 0 9 0 4 1 0 5 2 2 0 0 4
0 1 0 0 1
INTERSECTION TURNING MOVEMENT COUNTS
PREPARED BY: AimTD LLC. tel: 714 253 7888 [email protected]
Yorba Linda
Ohio St
Yorba Linda Blvd
BEGIN PEAK HR 4:45 PM
PEDESTRIAN CROSSINGS BICYCLE & SCOOTER CROSSINGS
U-TURNS
Ohio St Ohio St Yorba Linda Blvd Yorba Linda Blvd
AM PM AM
8:00 AM
PM
4:45 PM
ALL PED + BIKE & SCOOTER
8:00 AM
T112224
DATE: LOCATION: PROJECT #: SC5572
Tue, Aug 26, 25 NORTH & SOUTH: LOCATION #: 2
EAST & WEST: CONTROL: SIGNAL
NOTES: AM ▲
PM N
MD ◄ W E ►
OTHER S
OTHER ▼
NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND
NL NT NR SL ST SR EL ET ER WL WT WR TOTAL NB SB EB WB TTL LANES: 1 X 1 X X X X 3 0 1 3 X 0 0 0 0
7:00 AM 15 0 4 0 0 0 0 105 7 1 153 0 285 0 0 0 0 0
7:15 AM 10 0 3 0 0 0 0 143 15 1 209 0 381 0 0 0 1 1
7:30 AM 9 0 5 0 0 0 0 159 34 5 215 0 427 0 0 0 0 0
7:45 AM 16 0 7 0 0 0 0 138 11 4 265 0 441 0 0 0 0 0
8:00 AM 28 0 6 0 0 0 0 163 9 2 323 0 531 0 0 0 1 1
8:15 AM 15 0 2 0 0 0 0 222 10 4 361 0 614 0 0 0 0 0
8:30 AM 17 0 9 0 0 0 0 203 12 7 303 0 551 0 0 0 0 0
8:45 AM 18 0 4 0 0 0 0 218 8 5 261 0 514 0 0 0 1 1
VOLUMES 128 0 40 0 0 0 0 1,351 106 29 2,090 0 3,747 0 0 0 3 3 APPROACH % 76% 0% 24% 0% 0% 0% 0% 93% 7% 1% 98% 0%
APP/DEPART 168 / 0 0 / 135 1,457 / 1,394 2,122 / 2,218 0
BEGIN PEAK HR
VOLUMES 78 0 21 0 0 0 0 806 39 18 1,248 0 2,212 0 0 0 2 APPROACH % 79% 0% 21% 0% 0% 0% 0% 95% 5% 1% 98% 0%
PEAK HR FACTOR 0.728 0.000 0.911 0.868 0.901
APP/DEPART 99 / 0 0 / 57 845 / 829 1,268 / 1,326 0
4:00 PM 8 0 3 0 0 0 0 331 14 7 252 0 615 0 0 0 1 1
4:15 PM 11 0 2 0 0 0 0 359 12 3 260 0 647 0 0 0 0 0
4:30 PM 6 0 4 0 0 0 0 347 14 1 208 0 580 0 0 0 0 0
4:45 PM 18 0 6 0 0 0 0 332 15 3 271 0 645 0 0 0 0 0
5:00 PM 16 0 4 0 0 0 0 364 14 3 246 0 647 0 0 0 1 1
5:15 PM 5 0 2 0 0 0 0 341 10 2 279 0 639 0 0 0 0 0
5:30 PM 7 0 6 0 0 0 0 357 13 3 222 0 608 0 0 0 1 1
5:45 PM 13 0 3 0 0 0 0 319 9 3 230 0 577 0 0 0 0 0
VOLUMES 84 0 30 0 0 0 0 2,750 101 25 1,968 0 4,961 0 0 0 3 3 APPROACH % 74% 0% 26% 0% 0% 0% 0% 96% 4% 1% 99% 0%
APP/DEPART 114 / 0 0 / 126 2,851 / 2,783 1,996 / 2,052 0
BEGIN PEAK HR
VOLUMES 46 0 18 0 0 0 0 1,394 52 11 1,018 0 2,541 0 0 0 2 APPROACH % 72% 0% 28% 0% 0% 0% 0% 96% 4% 1% 99% 0%
PEAK HR FACTOR 0.667 0.000 0.956 0.917 0.980
APP/DEPART 64 / 0 0 / 63 1,446 / 1,414 1,031 / 1,064 0
S Ohio St
NORTH LEG
Yorba Linda Blvd WEST LEG EAST LEG Yorba Linda Blvd
SOUTH LEG
S Ohio St
N LEG S LEG E LEG W LEG TOTAL N LEG S LEG E LEG W LEG TOTAL NL SL EL WL TOTAL 7:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
7:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
7:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
7:45 AM 0 1 0 0 1 0 1 0 0 1 0 0 0 0 0
8:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
8:15 AM 0 2 0 0 2 0 1 0 0 1 0 1 0 0 1
8:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
8:45 AM 0 1 0 0 1 0 1 0 0 1 0 0 0 0 0
TOTAL 0 4 0 0 4 0 3 0 0 3 0 1 0 0 1
BEGIN PEAK HR 0 2 0 0 2
4:00 PM 0 1 0 0 1 0 1 0 0 1 0 0 0 0 0
4:15 PM 0 1 0 0 1 0 0 0 0 0 0 1 0 0 1
4:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
4:45 PM 0 1 0 0 1 0 0 0 0 0 0 1 0 0 1
5:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
5:15 PM 1 0 0 0 1 0 0 0 0 0 1 0 0 0 1
5:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
5:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
TOTAL 1 3 0 0 4 0 1 0 0 1 1 2 0 0 3
0 0 0 0 0
AM PM AM
8:00 AM
PM
4:45 PM
ALL PED + BIKE & SCOOTER
8:00 AM
BEGIN PEAK HR 4:45 PM
PEDESTRIAN CROSSINGS BICYCLE & SCOOTER CROSSINGS
U-TURNS
S Ohio St S Ohio St Yorba Linda Blvd Yorba Linda Blvd
INTERSECTION TURNING MOVEMENT COUNTS
PREPARED BY: AimTD LLC. tel: 714 253 7888 [email protected]
Yorba Linda
S Ohio St
Yorba Linda Blvd
CITY: Yorba Linda PROJECT:
AM Period EB WB PM Period EB WB
0:00 10 11 12:00 200 201
0:15 12 3 12:15 197 233
0:30 11 4 12:30 172 180
0:45 14 47 4 22 69 12:45 212 781 224 838 1619
1:00 3 6 13:00 214 190
1:15 3 4 13:15 222 191
1:30 0 4 13:30 224 221
1:45 4 10 1 15 25 13:45 248 908 229 831 1739
2:00 3 5 14:00 264 205
2:15 2 0 14:15 234 199
2:30 2 1 14:30 250 293
2:45 6 13 5 11 24 14:45 271 1019 273 970 1989
3:00 8 5 15:00 310 210
3:15 2 4 15:15 278 248
3:30 4 4 15:30 313 290
3:45 8 22 7 20 42 15:45 366 1267 305 1053 2320
4:00 5 9 16:00 335 260
4:15 8 13 16:15 361 263
4:30 19 19 16:30 351 209
4:45 14 46 31 72 118 16:45 338 1385 274 1006 2391
5:00 15 26 17:00 369 250
5:15 20 48 17:15 343 281
5:30 24 43 17:30 364 226
5:45 46 105 53 170 275 17:45 322 1398 233 990 2388
6:00 36 66 18:00 296 224
6:15 42 77 18:15 299 200
6:30 53 107 18:30 231 169
6:45 76 207 178 428 635 18:45 261 1087 203 796 1883
7:00 109 154 19:00 210 207
7:15 147 211 19:15 238 153
7:30 164 220 19:30 165 139
7:45 145 565 269 854 1419 19:45 217 830 147 646 1476
8:00 170 326 20:00 177 136
8:15 224 365 20:15 140 115
8:30 212 310 20:30 137 88
8:45 223 829 267 1268 2097 20:45 146 600 94 433 1033
9:00 168 202 21:00 106 84
9:15 144 208 21:15 93 65
9:30 153 205 21:30 73 48
9:45 169 634 202 817 1451 21:45 62 334 50 247 581
10:00 163 192 22:00 43 34
10:15 153 165 22:15 51 31
10:30 161 181 22:30 26 29
10:45 162 639 223 761 1400 22:45 21 141 18 112 253
11:00 191 236 23:00 25 19
11:15 185 210 23:15 21 14
11:30 191 192 23:30 22 8
11:45 195 762 198 836 1598 23:45 9 77 17 58 135
Total Vol. 3879 5274 9153 9827 7980 17807
EB WB Combined
13706 13254 26960
Split % 42.4% 57.6% 34.0% 55.2% 44.8% 66.0%
Peak Hour 8:00 7:45 8:00 16:15 15:30 15:30
Volume 829 1270 2097 1419 1118 2493
P.H.F. 0.93 0.87 0.89 0.96 0.92 0.93
Tuesday, August 26, 2025 SC5572
ADT1 Yorba Linda Blvd east of S Ohio St. Prepared by AimTD LLC tel. 714 253 7888 Daily Totals
AM PM
[email protected] Tell. 714 253 7888