Yorba Linda City Council delays action on townhome project; state law limits council's conditions on 62-unit development

 The most recent example of state laws limiting local land authority and Yorba Linda City Council control over housing development is playing out in a plan for a townhome project fronting Yorba Linda Boulevard between Jessamyn West Park and North County Chabad Center.

Council members delayed action on the 62-unit proposal until a March 3 meeting, after holding a public hearing on the project. The project was appealed to the council after approval by the Planning Commission on a 3-1 vote.

The project on a 2.65-acre site is opposed by a large number of neighboring homeowners who turned out for two planning commission hearings and an appeal hearing at the Feb. 3 council meeting.

Among state laws limiting council’s authority over new housing developments are the Housing Accountability Act, the Housing Crisis Act and bonus density legislation, according to a report to council members by Gabriel Diaz, a city associate planner.

The site is one of the properties rezoned when Measure JJ was approved by more than 90% of voters in November 2024. The new zone allows 53 units at 20 units-per-acre. But Diaz’s report notes the bonus density law allows up to 65 units on the property.

The additional 12 units are permitted because three units are set aside for very low income households, which allows the 22.5% density bonus. Also, the project includes 137 parking spaces, 15 more than required by state law but 80 fewer than required by city standards.

Diaz said that state law limits the city’s ability “to deny qualifying projects or impose conditions that reduce project density.” He added, “Unfortunately, many impacts and arguments that are important to the city and residents do not meet the legal threshold for denial.”

Concerns related to private views, fitting neighborhood character, crime, property values, traffic congestion and parking shortfalls are factors that cannot be used to deny a project.

“State law 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,” Diaz reported.

Council members asked the builder to consider several items related to the project, including meeting with the appeal applicant to address concerns, exploring added safety measures and design considerations, adding landscaping for privacy and conducting an additional traffic study before the May meeting.

Diaz noted that denial of the project would likely be challenged in court and that state law “pertaining to housing litigation makes it difficult for cities to prevail in such litigation.” One result could be “a court order approving the project without conditions,” he said.

The project is to include 33 three-bedroom, three-bathroom units and 29 four-bedroom, four-bathroom units in 12 three-story buildings. Units would range from 1,363- to 1,639-square-feet.

Yorba Linda City Council approves legislative platform for 2026 to promote city's interests

 

Yorba Linda’s City Council has approved a “legislative platform” for 2026 designed as “a tool to protect and promote the city’s interests on priority issues, proposed legislation and regulatory matters” under consideration at county, regional, state and federal levels

The five-page platform outlines priorities involving community services; environmental quality; governance, transparency and labor relations; housing, community and economic development; public safety; revenue and taxation; and transportation, communication and public works infrastructure.

Among actions that can advance city priorities are letters supporting or opposing legislative bills, encouraging community engagement to support or oppose bills, meeting directly with officials, bill authors and their staffs and participating in public hearings “to advocate for the city’s position.”

The platform will enable the city “to quickly respond to issues and legislation affecting Yorba Linda’s interests,” Geoff Spencer, the city’s principal management analyst, reported to council members.

Platform guidelines regarding local control call for preserving and protecting the city’s “powers, duties and abilities to enact legislation and policy direction concerning local affairs and oppose legislation that preempts local authority.”

Among the guidelines for promoting fiscal stability are supporting measures that preserve the city’s revenue base and local control over budgeting and opposing measures that shift local funds to county, state or federal governments “without offsetting benefits.”

The guidelines also call for supporting opportunities that “allow the city to compete for its fair share of regional, state and federal funding” that may include grant programs and funding streams allowing the city to maximize local revenues and capital expenditures.

A key platform element deals with housing by stating support for legislation that “strengthens local control and decision-making on land use and zoning matters” and opposes legislation that “erodes the ability of cities to condition and deny projects that inadequately mitigate impacts to the community.”

The city also supports reforms to housing law to “provide clear processes and flexibility to allow regional cooperation and establish realistic housing goals and performance standards.”

Regarding environmental matters, the platform notes the city will oppose legislation that “imposes undue hardship on residents, businesses and local agencies to implement environmental regulations.”

Also, the city will oppose “waste and recovery measures imposing state-mandated costs when there is no guarantee of local cost recovery or offsetting benefit.”

The city also expressed support for legislation that “modernizes requirements for publication of legal notices to allow for electronic posting” and “to achieve and maintain fair and proportionate representation on county-wide and regional boards.”