Thursday, January 06, 2022

Yorba Linda's City Council adopts emergency ordinance to protect single-family neighborhoods

 Yorba Linda's City Council has adopted an emergency ordinance that is designed to preserve the character of the city's single-family neighborhoods to the extent possible under legislation recently approved by the state that went into effect Jan. 1.

The ordinance, approved at a Dec. 21 meeting on a 4-0 vote, takes advantage of provisions in Senate Bill 9 that allow cities to draft ordinances to establish written standards to regulate aspects of the controversial legislation.

Generally, SB 9 requires cities to approve development of up to two housing units on a single-family parcel and the subdivision of a parcel zoned for residential use into two parcels or both.

The bill passed the Senate 28-7 and the Assembly 45-19. Interestingly, Yorba Linda's senate and assembly representatives, Democrat Josh Newman and Republican Phillip Chen, did not vote on the measure. Gov. Gavin Newsom signed the legislation Sept. 16.

According to a report from Nate Farnsworth, the city's planning manager, the bill “would threaten the character of existing neighborhoods and negatively impact property values, personal privacy and fire safety,” which, he said, would justify an urgency ordinance.

Among the provisions of the city's emergency ordinance: minimum of one parking space per unit; no short term rentals; preservation of building separation, landscaping and lot coverage standards; and units cannot exceed 16 feet in height and must be single story.

Others include: housing units may be denied or require design review if there is an issue with respect to adequate water and sewer, traffic flow or public safety; exterior design compatible with primary dwelling and surrounding neighborhood; and solar panels are required.

Regarding lot splits, the city's ordinance requires that the new parcels be roughly equal in size, with no more than 60%-40% maximum; be at least 1,200-square-feet; the property owner must occupy one of the units for a minimum of three years; and no further subdivisions are allowed.

As an emergency ordinance, the city's new law doesn't require a second reading and a 30- day wait period until implementation, and it went into effect the same date, Jan. 1, as SB-9.

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 Grant funding from Proposition 68, the $4 billion Parks and Water Bond Act of 2018, will be used for construction of a basketball court at Vista Del Verde Park, located on Lakeview Avenue southwest of the Black Gold Golf Club. Construction is expected to begin in late 2022.

Total Proposition 68 funding will be $219,944, plus $43,989 in city matching funds, since the project will not serve a “severely disadvantaged community,” the requirement for full funding. Additional funding, as needed, will come from park in-lieu fees paid by property developers.

 Proposition 68 was approved by 57.4% of statewide voters in the June 2018 primary election. Yorba Linda voters opposed the measure with a 64.6% “no” vote.