Article 2 — Congregational Land Overlay (CLO) Zone

The purpose of the Congregational Land Overlay zone is to encourage the construction of affordable housing in conjunction with religious institutions which provide important social and community services to the Yorba Linda community, to enable these institutions to further their mission to serve disadvantaged populations, and to improve utilization of land resources which may go unused for large portions of the week, in keeping with State Law AB 1851 (2020). (Ord. 2024-1110, 7/16/2024)

Multiple family dwellings and condominiums shall be permitted in the Congregational Land Overlay zone in addition to any uses permitted in the underlying zone, provided that these uses occur in conjunction with a church/temple/religious institution use with a valid conditional use permit. To operate

in conjunction with a church/temple/religious institution includes, but is not limited to, ground leases to housing development either for rental or ownership, reciprocal parking, access, or use agreements, or other situations, which clearly demonstrate an integral connection or relationship between the two uses. Church/temple/religious institutional uses must continue to operate in conjunction with the previously approved conditional use permit, except as described in Section 18.17.230 . (Ord. 2024-1110, 7/16/2024)

• A. With the entitlement application, the applicant shall define the portion of the site which is for residential use, including open spaces and parking which are reserved for exclusive residential use. This portion of the site shall be no larger than the land area of half of the congregation's existing parking area plus all existing undeveloped open space with a slope of less than five percent.

• B. Within the portion of the site thus defined for residential use, the minimum dwelling unit density of any development utilizing the standards of the Congregational Land Overlay Zone shall be 20 units per acre. The maximum dwelling unit density of any development utilizing the standards of the Congregational Land Overlay Zone shall be 35 units per acre.

• (Ord. 2024-1110, 7/16/2024)

• A. Housing development subject to the standards of this overlay zone may be approved without amendment to the original Conditional Use Permit, provided that the proposed development complies with all use and development regulations of this CLO zone. In addition, development of church/temple/religious institution and other non-residential structures may be approved without amendment to the original Conditional Use Permit provided that the development plan meets the following conditions:

  1. The total square footage of non-residential space on the site does not exceed the amount authorized by the original Conditional Use Permit.

  2. The total parking requirement for non-residential space on the site does not exceed the amount authorized by the original Conditional Use Permit.

  3. The site contains no identified historic resource.

  4. The original Conditional Use Permit's operational conditions remain in effect.

• (Ord. 2024-1110, 7/16/2024)

The maximum height of any structure in the Congregational Land Overlay zone shall be three stories and 40 feet, according to the methodology established in Section 18.26.030 . (Ord. 2024-1110, 7/16/2024)

Pursuant to the maximum established in Government Code Section 65913.6 , the development shall provide one uncovered or covered off-street parking space per dwelling unit for all qualifying affordable housing units, except for senior housing developments which shall provide a minimum of one-half

uncovered or covered parking space per dwelling unit. Any market rate housing units shall provide parking in conformance with the RM-20 standards outlined in Chapter 18.22 of the Zoning Code. These spaces may be shared with the church/temple/religious institution or any previously permitted use on site.

(Ord. 2024-1110, 7/16/2024)

The conversion of existing nonresidential structures into dwelling units shall be permitted, provided that they meet the stipulations of Section 18.17.220 and all building code requirements. Existing structures which are converted in this manner shall not trigger requirements to provide additional open space or setbacks, or to decrease the height of the structure. (Ord. 2024-1110, 7/16/2024)

A property owner within the Congregational Land Overlay zone may solicit a transfer of development rights to an abutting residential property contained within the Housing Element's housing sites inventory with a lower maximum density than the Congregational Land Overlay zone. The transfer of development rights will reduce the number of permitted units on the Congregational Land Overlay zone property and increase the number of permitted units by the same amount on the abutting property, provided that the resultant permitted density on the abutting property is no higher than 10% greater than the maximum density permitted on the abutting property. The property owner transferring its development rights may not transfer more than 10% of the total number of units described in the Housing Element's housing site's inventory. All units transferred must be transferred in compliance with the affordability requirements contained in Section 18.17.050 . The transfer of development rights shall be subject to conditional use permit approval as described in Section 18.36.200 , and once approved, shall be recorded against both properties. This transfer of development rights is only permitted during the sixth housing cycle and will expire after June 30, 2029. (Ord. 2024-1110, 7/16/2024)