If it fails, the State would likely decertify Yorba Linda's Housing Element, leading to potential lawsuits and the threat of Builder’s Remedy. If it succeeds, property owners can proceed with redevelopment according to the zoning code.
Does the Yorba Linda Right-to-Vote (Measure B) override other laws when it comes to rezoning? Why doesn’t it protect Yorba Linda from Builder’s Remedy?
State law takes precedence over local laws and ordinances. Measure B only applies to certain City actions to approve or amend City land use documents. In contrast, the Builder’s Remedy does not require any approval or amendment of City land use documents and indeed prevents a City from using City zoning or General Plan requirements
Why don’t we just reject the changes in zoning and battle the State? What is the worst they can do to the City of Yorba Linda?
There are diverse views on the battle to maintain local control, but the general trend is that State mandates preempt local control and the State politics on this are trending toward more State control. Under current law and threats made by the State, here are a few likely outcomes if we fail to adopt a