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 May 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 square feet to 1,639 square feet.
Jim Drummond is a longtime Yorba Linda resident. He regularly gives his take on local issues. Send e-mail to jimdrummond@hotmail.com.