Our team methodically outlined before the City Council why approving the pre-annexation agreement and road down San Antonio Canyon was not only wrong, but illegal. We researched the entire history of the Canyon lots and provided an in depth accounting of the Tract 9813’s approval, conditions, correspondence and intents. We were able to completely debunk the City’s assertions that roads go through open space all over Yorba Linda. The clincher was that the City Council was being asked to find consistency with the Development Plan for Dominguez Hills (Warmington Homes/Tract 9813) and yet the document was missing. This is patently illegal and we called them on it.
The reason Hills For Everyone won its Madrona lawsuit, was because the City of Brea failed to follow its own laws. Shute, Mihaly, and Weinberger represented them on this case, so our team hired that firm to submit a letter into the record on this an other points while Kevin focuses on the Esperanza Hills lawsuit. View the letter on our website.
Additionally, language in the agreement pointed to eminent domain, meaning the City would flat out take the Cielo Vista property to allow Esperanza Hills to proceed with its access road. Does anyone remember Measure BB? We already decided eminent domain was not something residents supported. Furthermore, how can the City take land OUTSIDE of its city boundaries? (It can’t.) This ultimately became the reason why the City postponed the decision—to allow time for Cielo Vista and Esperanza Hills to reach agreement (avoiding the eminent domain issue). The decision was delayed until the December 1st City Council meeting.