Agenda packet — Aliso Viejo City Council, January 19, 2022 (part 3 of 4)

On January 20, 2021, the City Council approved Planning Application PA18-020 (CUP/AUP) for a conditional use permit to establish a distillery, microbrewery, and tasting room; an administrative use permit to operate with a Type 6, 23, and 74 license from the Department of Alcoholic Beverage Control; and an administrative use permit for the manufacturing of alcoholic beverages from the property at 7 Journey. The Applicant, Webb’s Grainworks has not yet commenced any tenant improvements to the building.

Discussion:

The Applicant requests to make exterior site renovations to the property to enhance the building façade and upgrade exterior portions of the property. The application for Planning Application PA21-014 (SDP) is for site development permit to make exterior and interior improvements to further improve the property and reflect Applicant’s intended branding of the business establishment. Exterior improvements include upgrades and enhancement to landscaping and modifications to the parking lot to bring the site into conformance with accessibility requirements in accordance Chapter 11, Accessibility, of the California Building Code.

Architectural Modifications
The Applicant proposes to incorporate a train caboose as an iconic feature into primary elevation of the building. According to the Applicant, the caboose reflects the Prohibition Era theme by connecting the railroad with distillery. The Prohibition Era theme with the train caboose will be represented in the branding and interior design of the Webb’s Grainworks. The intent of the caboose is to differentiate the building from similar industrial/warehouse buildings along Journey while providing a memorable and unique visual cue to the business establishment. The new caboose adds 39 square feet of new restaurant space and 17 square feet of storage spaces. To accommodate the new square footage without increasing parking space requirements, the entry was revised to remove 68 square feet from the building’s square footage and a proposed office will be converted into storage area to reduce the parking requirement
Landscaping
To further enhance views of the site, the Applicant will be upgrading landscaping throughout the site. Existing eucalyptus and liquid amber trees that have caused damage by buckling the curb and drive aisles will be removed. The Applicant has selected a more contemporary plant palette that will provide an overall unifying theme while also providing an aesthetic enhancement to the building. The proposed landscape plan will provide curb appeal to the property, drawing both pedestrian and vehicular attention to the new business. Over the last few years, the slope located at the northern edge of the property has experienced a considerable amount of erosion, loss of landscaping, and exposure of irrigation lines. The Project includes repairs and replanting of the slope to create a continuous landscaped border around the site while also preventing erosion and increasing slope stabilization.
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Parking
PA18-020 (CUP/AUP) required the site to meet City parking requirements; therefore, six (6) parking spaces are still required to be added onsite. To accommodate the new business establishment and meet accessible requirements, the site development permit application includes modifications to parking spaces and paths of travel within the parking lot to meet California Building Code, Chapter 11B, Accessibility to Public Buildings, Public Accommodations, Commercial Buildings and Public Housing. To ensure the property conforms to accessible requirements, the Applicant had a site inspection conducted by a Certified Access Specialist (CASp).

Additionally, adjustments to square footages to accommodate integration of the caboose in the microbrewery square footage will not change the total number of spaces required by PA18-020 (CUP/AUP). The Project requires 68 parking spaces and the property currently has 62 parking spaces onsite. However, at the completion of construction, the required six (6) parking space will be added onsite, bringing the property into conformance with City parking requirements.

General
Operations Land Use Square Footage
# Spaces/
Sq. Ft.1
Required
Parking
Distillery & Brewery
Operations
Microbrewery 3,615 1/80 45.2
General Light Industrial
(Production) 822 1/400 2.0
Storage 4,794 1/1,000 4.8
Office 912 1/250 3.6
Retail 420 1/200 2.1
Subtotal for Brewery 10,563 57.8
Storage2 Storage 9,808 1/1,000 9.8
Total Parking Required 67.6
Existing No. of Spaces Onsite 62
New Spaces Added to Site3 6
Total Proposed No. of Spaces Onsite 68
1 Based on gross floor area
2 Personal storage use, not included in Project
3 AVMC Section 15.38.020(D): any fractional space less than one-half of a parking space shall not be counted
The modifications are limited to bringing the site into conformance with accessibility requirements in accordance with Chapter 11, Accessibility, of the California Building Code. The Project is consistent with previous approvals and will increase overall parking space requirements for the site.

Environmental:

The interior and exterior modifications of Lew Webb’s Classic Car and Event Center (collectively, the “Project”) is categorically exempt from the California Environmental Quality Act (“CEQA”). The Project includes various improvements and infrastructure upgrades to the property, including adjustments to the use square footages, alterations 372
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to the façade of the primary building elevation, landscape enhancements, and modifications to the parking lot. As further explained below, the Project is categorically exempt from CEQA under the Class 1 exemption in State CEQA Guidelines section 15301.

The Project falls within the Class 1 exemption, which applies to the operation, maintenance, permitting, and leasing, and minor alteration of existing public or private structures, facilities, or topographical features involving negligible or no expansion of existing or former use. (State CEQA Guidelines, § 15301.) Here, the interior and exterior modifications are considered minor alterations since they involve negligible or no expansion of use beyond that existing at the time of the City’s determination and are thus all exempt from CEQA.

None of the exceptions to the categorical exemptions set forth in State CEQA Guidelines section 15300.2 have any applicability here. Specifically, the proposed project is not located in a particularly sensitive environment. Improvements will be installed on existing structures in urbanized/developed areas. The cumulative impact of successive projects of this same type in the same place over time would not be significant because these types of conversions are limited in size and number; there is a finite area that can accommodate the distillery, microbrewery, tasting room, and ancillary facilities within this existing building. The existing office building is not located within an officially designated state scenic highway. Thus, the proposed project would not have an impact in this regard.

Similarly, the building is not located on a site designated pursuant to Government Code section 65962.5 (Cal/EPA Hazardous Waste and Substances Site Lists). Finally, the proposed project does not involve any improvements, modifications, or other changes to a historical resource. For all of the foregoing reasons, the entirety of the Project is categorically exempt from CEQA.

Public Notice:

On January 6, 2022, a public hearing notice was published in the Aliso Viejo News and mailed to all owners of real properties within 300 feet of the subject real property.

City Attorney:

The City Attorney has reviewed the staff report.

Attachments:

1. Resolution

2. Applicant Project Description Letter

3. Project Plans

4. Presentation
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Attachment 1
RESOLUTION NO. 2022- ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO
VIEJO, CALIFORNIA, APPROVING PLANNING APPLICATION PA21- 014 (SDP) FOR A SITE DEVELOPMENT PERMIT TO ALLOW FOR

EXTERIOR MODIFICATIONS TO THE BUILDING AND PARKING LOT,

INCLUDING REDESIGN OF THE PRIMARY BUILDING ELEVATION,

UPGRADES TO LANDSCAPING, AND ADJUSTMENTS TO THE
PARKING LOT TO SATISFY ACCESSIBILITY REQUIREMENTS, AT 7

JOURNEY AND FINDING THE PROJECT CATEGORICALLY EXEMPT

FROM CEQA
WHEREAS, on June 10, 2021, the Applicant, Robert Bunyan and Associates on behalf of Webb’s Grainworks, submitted Planning Application PA21-014 (SDP) for site development permit to allow for exterior modifications to the building and parking lot, including redesign of the primary building elevation, upgrades to landscaping, and adjustments to the parking lot to satisfy accessibility requirements, at 7 Journey (Project); WHEREAS, on January 20, 2021, the City Council approved Planning Application PA18- 020 (CUP/AUP) for a conditional use permit to establish a distillery, microbrewery, and tasting room; an administrative use permit to operate with Type 6, 23, and 74 Licenses from the Department of Alcoholic Beverage Control; and an administrative use permit for manufacturing of alcoholic beverages from the property at 7 Journey; WHEREAS, the Applicant now requests to make exterior modifications to the Project site, including alterations to the existing building façade, upgrades to landscaping, and bring the parking lot into conformance with accessibility requirements in accordance with Chapter 11 of the California Building Code;
WHEREAS, pursuant to Aliso Viejo Municipal Code (AVMC) Sections 15.74.020, the purpose of a site development permit is to ensure that new development conforms to the development and design provisions of the Zoning Code;
WHEREAS, pursuant to the California Environmental Quality Act ( Public Resources Code, § 2100 et seq.), the State CEQA Guidelines (California Code of Regulations, Title 14, § 1500 et seq.), and the City’s local CEQA Guidelines (collectively, “CEQA”), the City of Aliso Viejo (“City”) is Lead Agency for purposes of the Project; WHEREAS, in accordance with State CEQA Guidelines section 15061, the City has reviewed the proposed Project and considered existing conditions at the subject site and surrounding vicinity, to evaluate whether an exemption from CEQA applied; WHEREAS, on January 19, 2022, the City Council held a duly noticed public hearing as prescribed by law and considered public testimony and evidence and recommendations presented by staff in the agenda report and oral presentation related to Planning Application PA21-014 (SDP); and
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WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. Determination of Recitals. The City Council hereby finds and determines that all of the recitals set forth above are true and correct. The above recitals are hereby incorporated as substantive findings of this Resolution.

SECTION 2. Compliance with CEQA. The City Council finds the proposed project (e.g. the adjustments to the use square footages, alterations to the façade of the primary building elevation, landscape enhancements, and modifications to the parking lot) is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to a Class 1 exemption. The minor modifications to the interior and exterior of the building would involve only a negligible expansion of that existing use. (State CEQA Guidelines, § 15301 [Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, or minor alteration of existing structures, facilities, or topographical features involving negligible or no expansion of existing or former use].). Tenant improvements associated with the project involve adjustments to the use square footages within the building where work shall be limited to the moving and construction of interior walls and electrical and plumbing work. Exterior modifications include alterations to the façade of the primary building elevation, landscape enhancements, and modifications the parking lot to bring the property into conformance with accessibility requirements as required by the California Building Code. No additional improvements beyond the existing property boundaries are needed. Therefore, the proposed project is exempt from CEQA pursuant to State CEQA Guidelines, section 15301.

SECTION 3. Approval of Project and Findings for Site Development Permit. In accordance with AVMC 15.74.020(D), the City Council hereby approves Planning Application PA21-014 (SDP) for major exterior renovations to a 375
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property, subject to the conditions set forth in Exhibit “A” and project plans set forth in Exhibit “B”, which are exhibits are both attached hereto and incorporated herein by reference.

1. Consistency with General Plan. The project is consistent with the General Plan and any applicable specific plan.

The Business Park land use designation provides for a range of light industrial uses, supporting offices, and services. Permitted uses include light industrial, limited service and retail commercial, offices. Under the General Plan, the City is encouraged to “provide a diverse mix of land sues to meet the future needs of all residents and the business community” and Land Use Policy LU-1.2 “attract a broad range of additional retail, medical, and office uses providing employment at all income levels and making a positive contribution to the City’s tax base”. The proposed modifications the building support the proposed distillery, winery, and microbrewery, which is consistent with permitted uses in this land use designation and consistent with the goals and policies of the General Plan.

2. Consistency with Zoning Code. The land use and associated development conform to the permitted use provisions and development standards of this Zoning Code and is consistent with this Code and any applicable specific plan.

The Business Park 1 (“BP-1”) zoning district is consistent with the General Plan Business Park land use designation by providing business and employment generating development, including a range light industrial uses and supporting offices and services. The Project includes modifications and upgrades to the building and exterior site improvements for permitted uses in the BP-1 zone. The building conforms to all development standards since the Project does not include modifications the building in regard to building height or encroachment into setback areas. The Project is in compliance the design standards for the BP-1 district and other development regulations, including parking, trash enclosure, screening of equipment, lighting, and other security elements established in AVMC Title 15, Appendix A: requirements for Crime Prevention Through Environmental Design (“CPTED”). Furthermore, landscaping will be brought into conformance with City requirements in regard to landscape coverage in parking and non-parking areas, selected plant palette, and water quality standards. As proposed, the Project meets the use and development standards established in the Zoning Code.

3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act.

See Section 2 above.

4. Architectural Design. The architectural design of the project, including but not limited to the architectural style, scale, building mass, materials, colors, architectural details, roof style are compatible with surrounding development. 376
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The overall architectural design of the Project focuses on the primarily on the portion of the building that will be occupied by the distillery, winery, and brewery. According to the Applicant, the integration of a real train caboose is to reflect the interior design of a Prohibition Era establishment and representative of the names of the various alcohols manufactured onsite. The caboose will be restored and retrofitted to become a portion of the tasting area’s dining room. The external appearance of the caboose will retain a patina finish, intended to reflect authenticity of a working train caboose.

The exterior of the building will resemble a warehouse building that has been retrofitted to accommodate the distillery, winery, and brewery. The entire building will be upgraded with new windows and paint with new awnings installed on the distillery side of the building. The building’s design is intended to complement the existing development in the business park while also introducing the caboose feature, an element that will and a unique feature to the building while also drawing attention to the new business establishment.

5. Site Design. The site design of the project, including but not limited to project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements are compatible with surrounding development.

The Project includes modifications to an existing building site and parking lot area.

Changes to the site design are limited to alterations to the building façade, landscaping upgrades, and modifications to the parking lot to bring the site into conformance with accessible requirements of the California Building Code. The Project does not propose changes to either the number of vehicular entrances nor circulation patterns onsite. The trash enclosure will be brought into conformance with the AVMC requirements and include a new sewer drain to satisfy all design and water quality requirement. All service areas and equipment will be adequately screened from view and exterior lighting will meet all lighting requirements as established in Appendix A: CPTED of AVMC Title 15, Zoning Code.

6. Landscape Design. Project landscaping, including but not limited to the location, type, size, color, texture, and coverage of plant materials, has been designed so as to provide visual relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, and provide an overall unifying influence to enhance the visual continuity of the project.

Landscaping on the site will be brought into conformance with the landscaping standards identified in the Aliso Viejo Municipal Code. The Project proposes to upgrade landscaping throughout the site, with special attention paid to the landscaping along the front elevation and most visible to Journey. The landscaping design will provide an overall unifying theme and enhance views to the site from the public rightof-way. The landscape plan shows the removal of existing eucalyptus and liquid amber trees that have damaged the planters and drive aisles and impede adequate site lighting. The slope located at the northern portion of the site has experienced 377
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erosion over the last few years. The Project includes repair and replanting of the slope to improve the views of the slope and ensure long-term stabilization. The proposed plant palette will soften, complement, and emphasize prominent design elements, screen undesirable views, and provide an overall unifying influence to enhance the visual continuity of the project. The location, type, size, color, texture, and coverage of plant materials will be required to be designed to provide visual relief and complement the building and accessory structures.

SECTION 6. Filing of Notice of Exemption. The City Council hereby authorizes and directs staff to prepare, execute and file with the Orange County Clerk a Notice of Exemption for the proposed Project. Additionally, the Notice of Exemption for this project will be posted on the City of Aliso Viejo website, filed in the State Clearinghouse CEQAnet website, and provide the notice to parties requesting NOE notification.

SECTION 7. Location of Documents. The administrative record for the Project is maintained at City Hall located at 12 Journey, Suite 100, Aliso Viejo, CA 92656. The custodian of records is the City Clerk.

PASSED, APPROVED AND ADOPTED this 19th day of January 2022. _____________________________
Ross Chun
Mayor
APPROVED AS TO FORM: ATTEST:
_____________________________ _____________________________ Scott C. Smith Mitzi Ortiz, MMC
City Attorney City Clerk
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF ALISO VIEJO )
I, MITZI ORTIZ, City Clerk of the City of Aliso Viejo, California, DO HEREBY CERTIFY that foregoing Resolution No. 2022-___ was duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the 19th day of January 2022, by the following roll call vote, to wit:

AYES:

NOES:

ABSENT:
___________________________

MITZI ORTIZ

CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Resolution No. 2022-__ duly passed and adopted by the Aliso Viejo City Council at its regular meeting held January 19, 2022. ___________________________

MITZI ORTIZ

CITY CLERK
(SEAL)
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EXHIBIT “A”
PLANNING APPLICATION PA21-014 (SDP)

CONDITIONS OF APPROVAL

1. Approval of the Planning Application PA21-014 (SDP) for site development permit to allow for exterior modifications to the building and parking lot, including redesign of the primary building elevation, upgrades to landscaping, and adjustments to the parking lot to satisfy accessibility requirements, at 7 Journey, Aliso Viejo, CA in accordance with all plans and exhibits as presented to and approved by the City Council on January 20, 2021.

2. This approval constitutes a precise plan for location and design of uses, structures, features and materials submitted with this application. Development shall occur substantially as shown on the plans and description letter approved for this Project and on file in with the Department of Planning Services, subject to any modifications imposed by the conditions of approval herein, as confirmed by the Community Development Director. Any land use, construction or improvement not specifically approved by this use permit is not permitted and must be addressed in a separate and subsequent application and review. Relocation, alteration or addition to any use, structure, feature or material not specifically approved shall require an amendment to the approved plans unless the Community Development Director determines such modifications are minor and consistent with the spirit and intent of the original approving action, and that the action would have been the same for the modifications as for the approved plans. The Community Development Director may approve such minor modifications in accordance with AVMC Section 15.74.110.

3. For the purpose of Planning Application PA21-014 (SDP) and as referenced in the conditions, “Applicant” shall apply to Webb’s Grainworks, owner, operator, and any and all future successors and/or assigns of the approved establishment.

4. The Applicant shall be responsible for payment of all applicable fees along with reimbursement for all City expenses in ensuring compliance with conditions. All fees and expenses shall be paid in full prior to issuance of a certificate of occupancy.

Prior to issuance of applicable City approvals or permits, the applicant shall be fully responsible for reimbursing the City of Aliso Viejo for all expenses incurred to process the application and assure compliance with all conditions of approval.

5. The Applicant shall be fully responsible for knowing and complying with all conditions of approval, including making conditions known to City Staff for future governmental permits or actions on the project site. Failure to abide by and faithfully comply with any and all conditions attached to the granting of these permits may constitute grounds for revocation of the permit(s) in accordance with AVMC Section 15.74.120.

6. To the fullest extent under the law and at its sole and absolute cost, the Owner/Developer, and Owner/Developer’s successors, heirs, and assigns shall protect, defend with counsel reasonably acceptable to the City , indemnify, and hold 380
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harmless the City, its officials, officers, employees, consultants, subcontractors, agents, and representatives (collectively, “Indemnitees”) from any and all claims, actions, or proceedings against Indemnitee(s) brought pursuant to the Planning and Zoning Law, the Subdivision Map Act, the California Environmental Quality Act, the federal Clean Water Act, the Porter Cologne Water Quality Control Act or any other law, permit or regulation in order to attack, set aside, void, annul, or seek to impose liability on the City for granting the approval granted by this Resolution, including, without limitation, any alleged act or omission by Indemnitee(s) related to County of Orange SP 93109 and/or any related parking agreements, conditions, or regulations, which action is brought for declaratory relief, injunctive relief, specific performance, or for any monetary claims (including, but not limited to, fines, fees, penalties, expert witness fees, attorneys’ fees, and other related costs and expenses). This provision shall not be restricted to insurance proceeds, if any, received by the Owner/Developer or Indemnitee(s). Moreover, this provision shall survive any expiration, termination, or revocation of this approval or related approvals.

7. All signs shall be maintained on the property in accordance with the Municipal Code and any adopted Sign Program in effect for the property.

8. This Resolution and Conditions of Approval shall be incorporated into building plans to all applicable reviewing agencies or authorities.

9. Tenant improvements shall be submitted for review, approved and permits issued, and shall comply with standards, regulations and requirements of current editions of the California Building Code, California Plumbing Code and California Mechanical Code, California Electrical Code, including any local amendments adopted by the City of Aliso Viejo.

10. Tenant improvements shall be submitted for review, approved and permits issued, and shall comply with standards, regulations and requirements of the Americans with Disabilities Act. At the discretion of the Building Official, the Applicant may be required to retain a Certified Access Specialist (CASp) to ensure compliance with applicable construction-related accessibility standards.

11. Roof-mounted mechanical equipment such as air conditioning, heating or ventilating units or ducting shall be screened from a horizontal line of sight. Such screening shall be architecturally consistent with the building and an integral part of the roof design so as not to appear as an architectural “afterthought.” For flat roofs, an architecturally consistent screen enclosure behind the parapet wall may be used if it is made to appear as an integral part of the building. The ground-mounting of mechanical equipment, with appropriate wall or landscape screening, as an alternative to roof mounting is encouraged.

12. Prior to issuance of temporary or final certificate of occupancy, all OCFA inspections shall be completed to the satisfaction of the OCFA inspector and be in substantial compliance with codes and standards applicable to the project and commensurate with the type of occupancy (temporary or final) requested. Inspections shall be 381
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scheduled at least five days in advance by calling OCFA Inspection Scheduling at (714) 573-6150.

13. At no time shall any portion of the property owner’s personal storage area adjacent to the distillery, microbrewery, tasting room, and ancillary facilities be used for business operations or storage. No personal items shall be stored outside the building.

14. The storage of any merchandise, materials, or equipment outside the building shall be prohibited.

15. The Project shall be subject to the requirements of Title 15 Zoning Code, Appendix A Crime Prevention Through Environmental Design (“CPTED”). Based on the City Crime Prevention Specialist shall review and inspection of the Project, the Applicant shall make the required improvements and submit the necessary documentation showing compliance to the satisfaction of the Crime Prevention Specialist.

16. Security cameras shall be installed per the satisfaction of the Director of Police Services. The security camera footage shall be kept for at least 30 days and available to the Orange County Sheriff Department (OCSD) within 24 hours if such usage is necessary.

17. Above ground obstructions (utility cabinets, mailboxes, etc.) are to be placed within right-of-way landscaping areas whenever possible and shall be screened subject to the approval of the Community Development Director. When above ground obstructions are to be placed within sidewalk, a minimum five (5) foot clear sidewalk width must be provided around the obstruction.

18. All backflow preventers, transformers, and other above-grade utilities shall be appropriately screened from public with walls and/or plantings, unless prohibited by another governing agency.

19. The trash enclosure shall be modified to conform to the design standards of the responsible disposal company.
a. The enclosure shall be constructed on a concrete pad provided with a floor drain connection to the sanitary sewer system or other approved containment method to the satisfaction of the city engineer. Interior concrete or metal curbs shall be provided to prevent damage to the enclosure’s walls from collisions with heavy containers.
b. The enclosure shall be constructed on a concrete pad provided with a floor drain connection to the sanitary sewer system or other approved containment method to the satisfaction of the city engineer. Interior concrete or metal curbs shall be provided to prevent damage to the enclosure’s walls from collisions with heavy containers.
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c. The enclosure shall be provided with a solid overhead cover integrated into the enclosure design and approved by the planning director and city engineer. d. Enclosures shall consist of a solid wall on three sides at least six feet in height and a solid self-latching gate on the fourth side at least five feet in height. Gates shall be metal or metal-framed, of heavy-duty construction sufficient to withstand hard usage and shall be attached to metal posts securely anchored into the ground. Gates shall be maintained in good working order and shall remain closed except when in use. Walls and gates shall be consistent with the colors and finishes of nearby buildings.
e. The use of plastic or corrugated metal for enclosure walls or overhead covers is prohibited.
f. In the event the existing trash enclosure needs to be expanded or redesigned, the enclosure design shall conform to the requirements established in AVMC Section 15.62.080(F) and subject to the review and approval of the Community Development Director and City Engineer.

20. The caboose installed along the primary façade shall be restored to an appropriate level that is safe for occupancy and free of any defect in installation that could comprise the health, safety, and welfare of the general public. Furthermore, the caboose shall be maintained in a safe, operable condition and retain an aesthetic appearance consistent with the design objectives of this site development permit.

21. All parking spaces onsite shall be made available for the parking of vehicles. The Applicant shall ensure its ability to secure and shall secure and maintain the necessary onsite parking spaces for all business operations at all times. If onsite parking is found to be inadequate for any reason, including, without limitation, verified traffic counts by the City or a court, binding arbiter, or similar judicial officer determines that parking obligations in County of Orange SP93109 and/or related parking agreements are still effective, the Community Development Director may require, in his or her sole discretion, that the applicant take action(s), including, without limitation, reduce operations or hours of operation at 7 Journey so that the use will meet AVMC requirements and to ensure all necessary parking will be provided and maintained onsite at all times. If the applicant fails to secure and maintain necessary parking onsite, the Community Development Director may also require the Applicant to cease operations until an adequate solution can be found.

22. The Applicant shall submit a detailed landscape plan for the site, which may require a Landscape Permit from the Department of Public Works. The landscape plan shall include the slope area located on the northern portion of the lot. Landscape submittal shall address slope enhancement, repair, and maintenance. All landscaping work shall be completed and inspected prior to issuance of a Certificate of Occupancy. 383
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23. New parking spaces along the front of the property shall include landscaping to adequately screen vehicles from view from the Journey.

24. Landscape plans shall include planting that conform to the following minimum size and planting density standards:
a. Trees.
i. Minimum size: eight feet high (measured from the top of container) with at least 30 percent to be minimum 24-inch box size.
ii. Maximum spacing in parkways, entry drives, street medians, parking lot planter strips, and project boundary strips: average 30 feet. Trees may be planted either in irregular clusters or at equal intervals provided the preceding average spacing is achieved.
b. Shrubs.
i. Minimum size: one gallon minimum with at least 30 percent to be fivegallon. ii. Maximum spacing: average 10 feet.
c. Vines. As required to augment groundcover and/or provide screening for retaining walls.
d. Groundcover. Hand-planted plugs with minimum density of one foot on center, or other density as approved by the director, or hydroseeding utilizing seed mixture approved by the director. Either of the preceding methods or a combination of the two shall be sufficient, in the director’s judgment, to meet a goal of 100 percent slope coverage within one year of planting.

25. The Owner/Developer shall obtain a temporary use for the temporary placement of a trailer or relocatable building or the temporary use of a permanent structure on an active construction site as a construction and/or watchman’s office, and the establishment of a temporary materials and equipment storage yard subject to the requirements established in AVMC 15.22.170 prior to issuance of any permit.

26. If any hazardous waste is encountered during construction of any portion of this project, all work shall be immediately stopped on that portion of the project, and the Orange County Health Care Agency (OCHCA), the Orange County Fire Authority (OCFA), the Orange County Sheriff’s Department (OCSD), and the Director of Public Works shall be notified immediately. Work on that portion shall not continue until clearance has been issued by all of these agencies.
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27. The Owner/Developer shall utilize prudent and reasonable measures to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury arising from the construction of the project.

28. All workers and visitors to the site must observe a 10-mile per hour speed limit in the construction area.

29. All portions of the project site shall be continuously maintained free of litter or debris during construction per SWPPP and CAL-OSHA requirements.

30. The Project shall use low VOC cleaning supplies.

31. The Owner/Developer and its contractors shall ensure that either water-based or low-VOC coating with a VOC coating of 50 grams per liter (lower than SCAQMD Rule 1113) be utilized to apply the architectural coatings. In addition, the Project shall utilize transfer or spray equipment with high transfer efficiency. For example, a high volume, low pressure (HVLP) spray method coating application system operated at an air pressure between 0.1 and 10 pounds per square inch gauge (psig), with a 65 percent transfer efficiency. Manual transfer with brush or roller has 100 percent transfer efficiency.

32. The Project shall require the use of paints with VOC content of 10 g/L or lower.

33. Signage for the property shall be reviewed separately and is not part of the approval of this Project. Prior to any sign installation, the Applicant shall submit a Sign Permit Application to the Community Development Director for approval and a permit shall be issued by the Building Official. All proposed signage for the building shall be submitted to the City and processed pursuant to AVMC 15.34 standards and/or any applicable planned sign program affecting the property. No advertising devices shall be permitted on or off the project site visible to the public.

34. The facility shall operate at all times in a manner that will allow the quiet enjoyment of residents and tenants of surrounding properties. The Applicant shall institute whatever securing and operational measures are necessary to comply with this requirement. This shall include ensuring the operations do not generate negative impacts in regard to noise, odor, and views of the site.

35. In the event of adverse impacts on the health, safety, welfare, or living/working environments of the neighborhood or general public, or receipt of substantiated complaints directly related to the Applicant’s operations, the Community Development Director shall investigate and, if significant adverse impacts directly related to the Applicant’s business are found to exist, the Director or Chief of Police shall have the discretion to bring this Permit back to consider additional improvements and protective measures, additional conditions, amended conditions, or permit revocation. Modifications may include but not be limited to the restriction of operations that may include but not be limited to hours of operation. 385
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36. Unless otherwise noted in this Resolution, all conditions of approval established in Resolution No. 2021-05 shall remain in effect and applicable to this Project.

Conditions Required Prior to the Issuance of a Building Permit Building Department Conditions

37. Prior to issuance of a Building Permit, the Owner/Developer shall obtain all necessary and required approval of project plans from all City Departments, County of Orange, and all other applicable outside agencies.

38. Prior to issuance of a Building Permit, the Owner/Developer shall submit payment, or proof of payment prior to issuance of a building permit for that particular phase any and all applicable plan check, school, water, sewer, Transportation Corridor, and other public benefit fees, if not previously paid. Owner/Developer shall submit evidence of said payments.

39. Prior to issuance of a Building Permit, the Owner/Developer shall provide rough grade pad certification confirming the site has been graded in accordance with the approved grading plan.

40. Owner/Developer shall furnish, three (3) complete sets of plans (structural, mechanical, electrical, and plumbing). Said plans submitted shall contain two (2) copies of soil reports, liquefaction investigation reports and structural calculations.

41. The cover sheet of building construction documents shall contain a blue-line print of the City’s Conditions of Approval and it shall be attached to each set of plans submitted for any construction or demolition or shall be printed on the title sheet verbatim.

42. Building addresses shall be located facing street fronting property for each building approved by the Building Department and OCFA.

43. All plans shall be designed in conformance with the 2019 editions of the California Building Code, California Plumbing Code, California Mechanical Code, California Electrical Code, and the Aliso Viejo Municipal Code.

Fire Department Conditions

44. Prior to the issuance of necessary building permits, the Applicant or responsible party shall submit the plan(s) listed below to the Orange County Fire Authority for review and approval
a. Architectural (Service Codes PR200-PR285)
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b. Hazardous materials compliance and chemical classification (Service Codes PR315-PR328)
c. Hazardous equipment, processes, or operations (Service Codes PR345- PR360)
d. High-piled storage (Service Code PR330)
e. Refrigeration and vapor detection/alarm system (Service Codes PR340 and PR500-PR520), if required by the Refrigeration Disclosure worksheet in OCFA guideline G-02 or the California Fire or Mechanical Codes Police Services Department Conditions

45. Pursuant to Zoning Code Appendix A: Requirements for Crime Prevention Through Environmental Design (CPTED), buildings, open parking lots, walkways, and accesses in nonresidential complexes shall conform to the following lighting standards:
a. All types of exterior doors shall be illuminated during the hours of darkness, with a minimum maintained 1 foot-candle of light, measured within a 5-foot radius on each side of the door at ground level. The light source shall be controlled by a photocell device or an uninterruptible A.C. power source. b. Recessed areas of buildings or fences, which have a minimum depth of 2 feet, a minimum height of 5 feet, and do not exceed 6 feet in width and are capable of human concealment, shall be illuminated with a minimum maintained 0.5 foot-candIes of light at ground level during the hours of darkness. This requirement only applies to defined recessed areas which are within 6 feet of the edge of a designated walking surface with an unobstructed pathway to it that is not hindered by walls or hedge row landscaping a minimum of 2 feet in height. The light source may be motion detectors with a photocell device. c. Stairways shall be illuminated with a vandal resistant light fixture with a minimum maintained 1 foot-candle of light on all landings and/or stair treads, during the hours of operation and darkness. The interior service stairways shall be painted a light, highly reflective color.
d. All interior or exterior corridors, passageways and walkways in any hotel, motel or inn shall be illuminated at all times with a minimum maintained 1 foot-candle of light on the walking surface.
e. All exterior pedestrian walkways, interior common corridors, and open parking lots shall be illuminated with a minimum maintained 1 foot-candle of light on the walking or driving surface during the hours of operation and darkness. 387
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f. The light source utilized to comply with this section shall have a rated average bulb life of not less than 10,000 hours.
g. Accessible luminaires utilized to meet the requirements of this section shall have vandal resistant light fixtures and be not less than 3 feet in height from ground level when used to illuminate walkways and a minimum of 8 feet in height from ground level when illuminating surfaces associated with vehicles.

Light fixtures shall be deemed accessible if mounted within fifteen feet vertically or 6 feet horizontally from any accessible surface or any adjoining roof, balcony, landing, stair tread, platform or similar structure. h. A site plan shall be provided showing buildings, parking area, walkways, detailed landscaping and a point-by-point photometric calculation of the required light levels. Foot-candles shall be measured on a horizontal plane and conform to a uniformity ratio of 4:1 average/minimum. Landscaping shall not be planted so as to obscure required light levels.
i. All lighting on the property shall be designed to prevent spillover onto neighboring properties.

46. Pursuant to Zoning Code Appendix A: Requirements for Crime Prevention Through Environmental Design (CPTED), to maintain sufficient illumination for security purposes, landscaping plans shall be designed so that trees and other landscaping do not obstruct light sources from outdoor fixtures, including parking lot lighting.

47. Pursuant to Zoning Code Appendix A: Requirements for Crime Prevention Through Environmental Design (CPTED), landscaping shall be designed so that trees and other landscaping do not obstruct views of traffic signs or address numerals on buildings.

Public Works Department Conditions

48. The Owner/Developer’s Landscape Plan shall be prepared by a State licensed landscape architect and shall include all proposed and existing plant materials (location, type, size, and quantity), an irrigation plan, a grading plan, an approved site plan and a copy of the entitlement conditions of approval. The Owner/Developer shall post surety guaranteeing the construction of the improvements. The Plan shall be reviewed and approved by the Director of Public Works and the Community Development Director.

49. The Owner/Developer’s Landscape Plan shall include elements to the extent practicable to protect existing and proposed pavements from root damages.

50. The Owner/Developer’s Landscape Plan shall conform to the City’s current Water Efficient Landscape Regulations at the time of submittal. 388
60367.01460\34673878.3

51. All graded slopes shall be permanently planted in a timely manner meeting the approval of the Director of Public Works and in compliance with the approved Landscape Plan with groundcover, trees and shrubs that will stabilize slopes and minimize erosion.

52. Pad certification by the Design Civil Engineer and Soil Engineer is required prior to commencing construction of any building foundation or structure.

Conditions Required Prior to Concealing Interior Construction Fire Department Conditions

53. Prior to concealing interior construction, the Applicant or responsible party shall submit the plan(s) listed below to the Orange County Fire Authority for review and approval:
a. Fire Alarm System (Service Code PR500-PR520)
b. Fire Sprinkler System (Service Codes PR430-PR455), if the building is currently sprinklered and the system requires modification Conditions Required Prior to Final Building Inspection or Occupancy Permit Building Department Conditions

54. Prior to issuance of a Certificate of Use and Occupancy, the Owner/Developer shall obtain final approval for all City departments and County agencies.

55. Prior to issuance of a Certificate of Use and Occupancy, the Owner/Developer shall submit final compliance report from all independent deputy inspection firms involved in the project outlining each area of inspection.

56. Prior to issuance of a Certificate of Use and Occupancy, the Owner/Developer shall submit a final compliance report from Structural Engineer of Record.

57. Prior to issuance of a Certificate of Use and Occupancy, the Owner/Developer shall provide copies of all Title 24, Part 6 Certificate of Acceptance Forms including all lighting, electrical and mechanical.

Fire Department Conditions

58. Prior to issuance of temporary or final certificate of occupancy, all OCFA inspections shall be completed to the satisfaction of the OCFA inspector and be in substantial compliance with codes and standards applicable to the project and commensurate with the type of occupancy (temporary or final) requested. Inspections shall be 389
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scheduled at least five days in advance by calling OCFA Inspection Scheduling at (714) 573-6150.

Planning Department Conditions

59. All temporary units, equipment, and fencing shall be removed from the site prior to final inspection for the final building construction project on site.

60. Prior to issuance of a Certificate of Occupancy, the Owner/Developer shall schedule an inspection by the Department of Planning Services to ensure the project was completed to the satisfaction of the Community Development Director and be in substantial compliance with codes and applicable standards.

Police Services Department Conditions

61. Prior to issuance of a Certificate of Occupancy, the Owner/Developer shall schedule an inspection by the Aliso Viejo Police Services Crime Prevention Specialist to confirm the implementation of CPTED standards and security hazards have been mitigated to the satisfaction of the Crime Prevention Specialist.

Public Works Department Conditions

62. Prior to issuance of a Certificate and Occupancy, the landscape architect shall provide written certification to the City stating installation is in substantial conformance with the approved landscape plans. If there are variations, the variations shall be approved by the Director of Public Works and Community Development Director.

63. Prior to issuance of a Certificate of Use and Occupancy, the Owner/Developer shall provide a written certification for the operation of all backflow devices. 390
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1 407
Webb’s Grainworks
PA21-014 (SDP) – Site Development Permit
City Council
January 19, 2022
7 Journey, Aliso Viejo
1408
Project Details
PA21-014 (SDP) is an application for a site development permit to:
• Redesign to the building façade;
• Upgrade landscaping; and
• Modify the parking lot to ensure onsite parking lot requirements are met and satisfy state accessibility requirements
2409
3 On January 20, 2021, the City Council approved PA18-020 (CUP/AUP) for:
• Conditional Use Permit:
• Distillery
• Microbrewery
• Tasting room (small-scale restaurant)
• Administrative Use Permits:
• Three ABC Licenses (Type 06, 23, & 74)
• Specialized Research & Development
Webb’s Grainworks – Previous Entitlement
410
7 Journey – Building Summary
20,371 square foot building:
 Webb’s Grainworks –
10,563 square feet
 Property Owner Storage –
9,808 square feet
4 7 Journey
411
 Exterior Building Modifications
 Introduce train caboose to building façade
 Paint entire building to update building appearance
 Upgrade all windows – distinctive design that reflects a traditional, older warehouse building
 Add canopies above primary entrance of Webb’s Grainworks and above train caboose
5 Webb’s Grainworks – Architectural Modifications
412
 New Train Caboose
 Adaptively reused train caboose – visible from the exterior  Restored and retrofitted to accommodate additional dining area and storage
 Retain original patina finish – reflect the authenticity of the caboose as a once-functional train car
 Exterior representation of the Webb’s Grainworks brand and Prohibition Era-style of interior design
6 Webb’s Grainworks – Train Caboose
413
 Adds 39 s.f. of new restaurant space and 17 s.f. of storage  Building entry revised to offset increase in parking – 68 s.f. of building area to be removed
 Total number of parking spaces required – 68 (consistent with approval of PA18-020)
 Intended to differentiate the building from similar
industrial/warehouse buildings in the area
 Establish a memorable and unique visual cue to the business establishment
7 Webb’s Grainworks – Train Caboose (cont.)
414
 Upgraded Landscaping Throughout Site
 Removal of eucalyptus and liquid amber trees
 Slope repair and improvements along northern portion of the property
 New landscaping intended to enhance property views from street
 Contemporary plant palette to provide an updated and
modern aesthetic
9 Webb’s Grainworks – Landscaping
415
 PA18-020 (CUP/AUP) – approved to add 6 spaces onsite
to meet parking space requirements
 Modifications to parking space locations and realignment of paths of travel to meet State Accessibility Requirements  No change to the number of spaces provided onsite
10 Webb’s Grainworks – Parking Lot Modifications
416
11 Webb’s Grainworks – Floor Plan
Property Owner Storage
(Not Included in Project)
417
Updated Building Façade
12418
Train Caboose
13419
Staff Recommendation to City Council:

1. Open and conduct a public hearing;

2. Find that the request is exempt from the California
Environmental Quality Act pursuant to State CEQA Guidelines Sections 15301 (Existing Facilities); and

3. Adopt a Resolution (Attachment 1) approving Planning Application PA21-0174 (SDP) for a site development permit to allow for exterior modifications to the building and parking lot, including redesign of the primary building elevation, upgrades to landscaping, and adjustments to the parking lot to satisfy accessibility requirements, at 7 Journey.
14420
Webb’s Grainworks
PA21-014 (SDP) – Site Development Permit
City Council
January 19, 2022
7 Journey, Aliso Viejo
15421
City of Aliso Viejo

AGENDA ITEM
DATE: January 19, 2022
TO: Mayor and City Council
FROM: Omar Dadabhoy, Community Development Director
Rose Rivera, Senior Planner
SUBJECT: GENERAL PLAN AMENDMENT PA21-019 (GPA) TO CONSIDER

ADOPTION OF AN AMENDED HOUSING ELEMENT
Recommended Actions:

1. Open and conduct a public hearing;

2. Find that the request is exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines Sections 15061(b)(3) (Common Sense Exemption); and

3. Adopt a Resolution making findings under the California Environmental Quality Act and approving Planning Application PA21-019 (GPA) approving a general plan amendment to adopt the 2021-2029 Housing Element Update.

Fiscal Impact:

None. The Local Early Action Planning (LEAP) Grants Program funding of $150,000 was appropriated for the Housing Element Update preparation.

Background:

State law requires every city and county in California to prepare, adopt and implement a General Plan, which establishes overall goals and policies for future growth of the jurisdiction. As set out in California Government Code, a city’s General Plan must include a Housing Element as one of seven mandatory elements. The Housing Element must include policies and programs to meet the City’s existing and future housing needs, as established by the California Department of Housing and Community Development (“HCD”) and the Southern California Association of Governments (“SCAG”). State law requires that the Housing Element be updated every eight years. This update will cover the next eight-year planning period (2021-2029).

On May 19, 2021, a study session was conducted to provide the City Council, interested parties and community stakeholders with an overview of the Housing Element update and 422

Page 2 of 6 ends

to evaluate sites which could potentially accommodate additional housing. Comments from the City Council and the public were heard and considered, and where appropriate, incorporated into the City’s draft Housing Element. Subsequent to the study session, staff along with John Douglas, the City’s housing element consultant, prepared a draft update to the Housing Element. On August 18, 2021, the City Council held a public meeting to review the draft Housing Element update and directed staff to submit the document to the California Department of Housing and Community Development (HCD) for a 60-day review and comment period. On October 18, 2021, the City received a written letter from HCD describing changes necessary to the draft document to bring it into compliance with State law.

Discussion:

Content of the Housing Element
The Housing Element is a mandated component of the General Plan and satisfies requirements of state planning law. The Aliso Viejo Housing Element is comprised of two parts – the Housing Plan and the Community Profile. The Housing Plan contains the following sections:
 An introductory overview of the Housing Element and public participation;  An analysis of potential housing issues and goals and policies to address these issues; and
 An analysis of housing programs to further the City’s housing goals and policies during this planning period.

The Community Profile, contained in the General Plan as Appendix C, and part of the Housing Element, is comprised of the following sections:
 Analysis of the City's demographic and housing characteristics and trends;  Evaluation of resources and opportunities available to address housing needs;  Analysis of potential governmental and non-governmental constraints to meeting the City's housing needs;
 Review of the City’s accomplishments during the previous planning period; and  An inventory of sites that could accommodate the City’s new housing needs.

RHNA Overview
To comply with State law, the City's Housing Element must be updated to ensure that the City's policies and programs can accommodate the estimated existing and projected housing needs for Aliso Viejo identified by SCAG’s Regional Housing Needs Assessment (RHNA) allocation for the 2021-2029 planning cycle. Prior to each cycle, the total new housing need for each region of California is determined by HCD based upon economic and demographic trends, existing housing problems such as overcrowding and 423

Page 3 of 6 ends

overpayment, and additional housing needed to ensure reasonable vacancy rates and replace units lost due to demolition or natural disasters.

The total housing need for the SCAG region, which includes Los Angeles, Orange, Riverside, San Bernardino, Imperial and Ventura counties, is distributed to cities and counties by SCAG based upon objectives and criteria established in State law. In 2019, HCD determined that the total new housing need for the entire SCAG region in the 6th Housing Element cycle is 1,341,827 units. In March 2021, SCAG adopted the RHNA plan for the 6th cycle, which fully allocates the RHNA to jurisdictions in the SCAG region. Table 1 shows the RHNA allocations for Aliso Viejo, Orange County, and the entire SCAG region.

Table 1. 6th Cycle RHNA – Aliso Viejo, Orange County and SCAG Region Aliso
Viejo
Orange
County
SCAG
Region
Housing need allocation 2021-2029 1,195 183,861 1,341,827 Source: SCAG, 3/4/2021
The RHNA also distributes each jurisdiction’s total housing need into four income categories (the extremely-low and very-low categories are combined for RHNA purposes). Aliso Viejo’s 6th cycle RHNA allocation by income category is shown in Table

2. Table 2. 6th RHNA by Income Category – Aliso Viejo
Extremely
Low + Very
Low
Low Moderate Above
Moderate Total
390 214 205 386 1,195
Source: SCAG, 3/4/2021
HCD Review
On October 18, 2021, the City received a written letter from HCD in response to the draft Housing Element Update which was submitted on August 19, 2021. Although the draft element addressed many statutory requirements, HCD found that revisions would be necessary to comply with State Housing Element Law. The proposed draft Housing Element Update has been amended based upon HCD’s review. A summary of HCD’s comments and city responses (attached as “Exhibit C” of the Resolution), outlines how the element has been revised to address each of HCD’s comments. One of the issues to be addressed was how the City will accommodate its fair share of regional housing needs as assigned through the RHNA process and is discussed in further detail below. 424

Page 4 of 6 ends

Available Sites Analysis
The Housing Element must provide an evaluation of the city’s capacity for additional housing based on land use patterns, development regulations, other development constraints (such as infrastructure availability and environmental conditions) and real estate market trends. The analysis must be prepared at a parcel-specific level of detail and identify properties (or “sites”) where additional housing could be built consistent with City regulations. This evaluation is referred to as the “sites analysis” and State law requires the analysis to demonstrate that the city has adequate capacity to fully accommodate its RHNA allocation in each income category. If the sites analysis does not demonstrate that adequate capacity exists to fully accommodate the RHNA, the Housing Element must describe what steps will be taken to increase capacity consistent with the RHNA – typically through amendments to land use and zoning regulations that could facilitate additional housing development. Such amendments typically include increasing the allowable residential density or allowing housing to be built in areas that are currently restricted to only non-residential land uses.

Aliso Viejo is fully developed and with little vacant land suitable for new housing.

Therefore, the City’s RHNA allocation must be satisfied through redevelopment of properties that have potential for housing or mixed use (i.e., a combination of housing and commercial uses on the same property). As part of the available sites analysis process, staff studied development options such as mixed-use, construction of accessory dwelling units (ADUs), and rezoning of office properties. As part of the community outreach process, a survey was conducted on the City website which included questions regarding development type preferences that would meet the State-mandated RHNA.

The responses received by the public suggested that the development type which seemed to be the most favorable was the repurposing of office sites to accommodate a mix of uses. Staff prepared a list of potential sites that could be rezoned to accommodate residential land use and brought forth the list of sites to City Council for discussion at a study session held on May 19, 2021. Based on the study session discussion, the Housing Element identifies sites that may be suitable for residential development.

Candidate Sites for Residential Development
Site Current
Zoning
Total
Acreage
Potential Density
(du/ac)
Potential Units
(Average)
1 Columbia BP-2 2 acres 20-30 60
41 Columbia BP-2 2 acres 20-30 60
35 Journey BP-1 2 acres 20-30 60
26800-26880 Aliso
Viejo Parkway BP-1 7 acres 20-30 210
425

Page 5 of 6 ends

The Commons SP-2 9.9 acres 50 637
AVTC Gateway CT 7.2 acres 50 210
TOTAL UNITS 1,237
RHNA 1,195
In addition, the City estimates the construction of five (5) ADUs over the eight (8) year planning period based on development trends. In order to accommodate the additional units to meet RHNA, amendments to land use and zoning regulations which would create the required capacity will need to be accomplished within the first three (3) years following adoption of the Housing Element, as required by State law.

Public Outreach
On May 19, 2021, a City Council study session was conducted to discuss the Housing Element Update process. On June 5, 2021, City staff hosted a booth at the local Farmer’s Market to distribute information regarding the Housing Element Update process and to gather feedback from the public. On August 18, 2021, the City Council held a public meeting to consider the draft Housing Element and receive public comment. On November 3, 2021, in compliance with Senate Bill (SB) 18, City staff notified local tribes identified by the Native American Heritage Commission (NAHC) to give an opportunity to provide input on the Housing Element Update. To date, one tribe expressed their interest in providing tribal consultation. Staff has attempted to schedule the consultation but has not received a response from the tribe representative.

On January 12, 2022, staff conducted an informal online workshop to give the public the opportunity to provide input on the Housing Element Update. Public notices were provided on the City’s website, social media sites and mailed to interested parties for each of these meetings. In addition, an online survey was conducted in May of 2021 inviting community members to give input on housing issues. Staff also conducted meetings with various community organizations such as the Kennedy Commission and Welcoming Neighbors Home to engage in discussions regarding housing needs for the community.

Staff received copies of letters addressed to HCD from these community organizations and a resident of Aliso Viejo in response to the draft Housing Element. These letters are included as Attachment 3. Valuable input was received from all of the various public outreach conducted and comments and changes were incorporated into the draft Housing Element Update as appropriate. A matrix of the public comments received and the City’s response to each comment was prepared and is included as Attachment 4.

Next Steps
Following City Council action at its January 19th meeting, City staff will transmit the revised Draft Housing Element to HCD for review. Staff will report back to the City Council with 426

Page 6 of 6 ends

any required actions as a result of HCD’s review. Staff will also begin the process to rezone the properties to conform with the adopted Housing Element.

Environmental:

This amendment to the City’s General Plan is exempt from California Environmental Quality Act (CEQA) requirements per Section 15061, Review for Exemption of the CEQA Guidelines. Specifically, Section 15061(b)(3) states, in part, that a project is exempt from CEQA if “the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” The 2021-2029 Housing Element would not result in any direct or indirect physical changes to the environment. The Housing Element Update is strictly a policy document and does not provide entitlements to any specific land use projects. The Housing Element Update does not make any changes to the Aliso Viejo General Plan land use map and would not modify any land use designations, allowed densities, or land use intensities established by the General Plan. Therefore, the proposed project is exempt from CEQA pursuant to State CEQA Guidelines, section 15061.

Public Notice:

On January 6, 2022, a public hearing notice was published in the Aliso Viejo News and mailed to property owners of the sites identified in the Housing Element and to interested parties who requested to be notified on Housing Element Update matters.

Attachments:

1. Resolution for Planning Application PA21-019 (GPA) including:

Exhibit “A” - Revised 2021-2029 Draft Housing Element Update – Housing Plan (with redline changes)
Exhibit “B” - Revised 2021-2029 Draft Housing Element Update – Community Profile (with redline changes)
Exhibit “C” - HCD Comments and City Responses

2. Letter from HCD dated October 18, 2021

3. Public correspondence to HCD regarding the City’s draft Housing Element Update

4. Matrix of City Responses to Public Comments

5. Presentation
427
60367.01460\33719059.2
Attachment 1
RESOLUTION NO. 2022- ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO

VIEJO, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT
PA21-019 (GPA) FOR THE 2021-2029 GENERAL PLAN HOUSING

ELEMENT
WHEREAS, on April 21, 2004, the City Council adopted its first Housing Element as part of its comprehensive General Plan; and
WHEREAS, the Department of Housing and Community Development (“HCD”) certified the City’s 2004 Housing Element for the 2000-2005 planning period; and WHEREAS, pursuant to California Government Code section 65588, each local government is required to periodically review and update its housing element. The current housing element cycle covers the planning period of 2021-2029; and WHEREAS, in accordance with state law, the Southern California Association of Governments (“SCAG”) found that the City’s share of the region’s housing need for the 2021-2029 projection period was 1,195 units (“RHNA Allocation”); and WHEREAS, of the 1,195 units, 390 units are designated for extremely low and very lowincome households, 214 units are for low-income households, 205 units are for moderate-income households and 386 are for above moderate-income households; and WHEREAS, the City must identify sites that can accommodate its share of the RHNA Allocation; and
WHEREAS, the City may amend its General Plan pursuant to Government Code Sections 65350 et seq. and Aliso Viejo Zoning Code Chapter 15.78; and WHEREAS, the City desires to amend its General Plan to incorporate a Housing Element Update (which consists of an updated Housing Plan and Community Profile) that would bring the City’s Housing Element into compliance with the requirements of state housing element law for the 2021-2029 planning period and would reflect its goals for satisfying its most recent RHNA Allocation (the “Housing Element Update”); and WHEREAS, on May 19, 2021, the City of Aliso Viejo City Council conducted a public study session to solicit comments from all interested members of the public regarding the Housing Element Update; and
WHEREAS, on August 18, 2021, the City of Aliso Viejo City Council held a publicly noticed meeting considered public input and recommendations presented by staff in the Agenda Report and oral presentation relating to the proposed Planning Application PA21-019 (GPA) Housing Element Update; and
428
WHEREAS, based on testimony received on August 18, 2021, the City Council voted to direct staff to submit the Draft 2021-2029 Housing Element Update to HCD; and WHEREAS, on August 19, 2021, the Draft Housing Element was submitted for review to HCD pursuant to Government Code Sec. 65585(b); and
WHEREAS, on October 18, 2021, HCD issued a letter reporting its findings on the Draft 2021-2029 Housing Element Update pursuant to Government Code Sec. 65585(d); and WHEREAS, the Draft 2021-2029 Housing Element Update has been revised to address the findings of HCD; and
WHEREAS, on January 19, 2022, the City Council held duly noticed public hearing as prescribed by law to consider public testimony, evidence, HCD findings and staff recommendations regarding the Draft 2021-2029 Housing Element Update; and WHEREAS, the City has reviewed the proposed Project and has determined that it is Categorically Exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Sections Section 15061 (Common Sense Exemption); and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 2. Compliance with CEQA. The City Council finds the proposed project categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) which states, in part, that a project is exempt from CEQA if “the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” The 2021-2029 Housing Element would not result in any direct or indirect physical changes to the environment. The Housing Element Update is strictly a policy document and does not provide entitlements to any specific land use projects. The Housing Element Update does not make any changes to the Aliso Viejo General Plan land use map and would not modify any land use designations, allowed densities, or land use intensities established by the General Plan. Therefore, the proposed project is exempt from CEQA pursuant to State CEQA Guidelines, section 15061.
429
SECTION 3. Findings. The City Council approves Planning Application PA21- 019 (GPA) Housing Element Update on the basis of the following findings, which are made in light of the entire record, including all written and oral evidence presented to the City Council as legislative body:

1. Public Welfare. Approval of the amendment will not create conditions materially detrimental to the public health, safety and general welfare.

Pursuant to state law, every jurisdiction in California must adopt a General Plan, and every General Plan must contain a Housing Element. The proposed amendment to the City General Plan Housing Element will support an adequate supply of housing, including Aliso Viejo’s share of the region’s new housing need for the 2021-2029 planning period as established by the Southern California Association of Governments. The amendment will make way for new residential development opportunities in the City in an environmentally responsible manner. Therefore, the proposed amendment will not create conditions materially detrimental to the public health, safety and general welfare.

2. Internal General Plan Consistency. The amendment is internally consistent with those goals, objectives, and policies of the General Plan which are not being amended.

State planning law requires the Housing Element to be consistent with other General Plan elements. The Housing Element most closely relates to the Land Use Element and is consistent with all elements of the General Plan. Development policies contained in the Land Use Element, which establishes the location, type, density, and distribution of local land uses, including housing, most directly relate to the Housing Element. The Housing Element Housing Plan and Community Profile are consistent with the other elements of the General Plan. Specifically, the Housing Element amendment is consistent with:
a) The Housing Element: The proposed Housing Element amendment replaces the existing Housing Element in its entirety. All policies and program recommendations within this Housing Element have been analyzed to determine the appropriateness of retention and/or implementation. b) The Land Use Element: The proposed General Plan Amendment is consistent with the Land Use Element for the following reasons:

The General Plan’s Land Use Goal (LU-1) seeks to provide a diverse mix of land uses to meet the future needs of all residents and the business community. This amendment to the Housing Element advances this goal by first providing a description of the residents; the most recent population characteristics, age characteristics, race and ethnicity, occupation and labor participation, household type, household size, household income and overpayment, overcrowding, special needs populations, housing stock, housing age and condition, housing tenure and 430
vacancy, housing costs and affordability, and at risk rental housing. Secondly, the amendment advances the goal by describing the resources and opportunities available to meet the needs of the residents.

Goal LU-3 encourages development that provides a solid fiscal foundation for the City. The sites which would be affected by the in the implementation of Program 1 of the Housing Element are located within close proximity to retail and commercial establishments demanded by residents. Specifically, Program 1 of the Housing Element will advance this goal by expanding residential development opportunities that would contribute to the City’s tax base. The Housing Element Update will help to promote Aliso Viejo as an employment center by providing adequate housing for employees of national, regional, and local businesses headquartered in Aliso Viejo. The Update will encourage innovative mixed-use, pedestrian-friendly development projects that reduce traffic congestion and improve quality of life.
c) The Circulation Element: The proposed amendment to the Housing Element is consistent with the Circulation Element for the following reasons:

The General Plan’s Circulation Element Goal (C-2) seeks to maintain an effective regional transportation network. Potential residential sites throughout the City are adjacent to major arterial roadways and bus transit facilities, which will give residents multi-modal access throughout Aliso Viejo and the surrounding region. d) The Noise Element: The proposed amendment to the Housing Element is consistent with the Noise Element for the following reasons:

The General Plan’s Noise Element Goal (N-1) seeks to minimize the impact of point source noise and ambient noise levels throughout the community. Per Program 7 of this amendment to the Housing Element the City’s Code Enforcement staff will continue to enforce property maintenance standards and adopted City Building and Zoning codes which include the noise ordinance. The City will promote the importance of maintenance to long-term housing quality and property values, and encourage community and neighborhood involvement. The City will ensure that construction and occupancy of higher-density residential developments are compatible with and do not exceed thresholds defining the acceptable noise environment in surrounding areas. Furthermore, an applicant seeking to develop a prospective residential site will be required to obtain a site development permit subject to the City’s and the Aliso Viejo Community Association’s stringent standards for noise mitigation.

Goal N-2 seeks to minimize transportation-related noise impacts. This amendment to the Housing Element will encourage the use of alternative transportation technologies that minimize noise impacts. Due to the proximity of the urban core and resource centers of the City to potential residential development sites, this amendment to the Housing Element will enable residents 431
to access the City’s commercial center, schools, and business parks by walking in addition to a variety of alternative transportation technologies. e) The Conservation and Open Space Element: The proposed amendment to the Housing Element is consistent with the Conservation and Open Space Element for the following reasons:

The General Plan’s Conservation/Open Space Element Goal (COS-5) seeks to improve air quality within Aliso Viejo and the region. This amendment to the Housing Element will support this goal by enabling residents to live, work, and recreate within a small radius. Developing residential units in close proximity to commercial resource centers, schools, and churches will reduce emissions related to vehicular travel.

Goal COS-7 seeks to ensure the long-term provision of open spaces and expansion of parks and recreational opportunities within the community. This amendment to the Housing Element will increase the potential development of the number of residential units available to the City at a higher number of dwelling units per gross acre of land. This increase in density will satisfy demand for dwelling units without threatening the preservation of existing open spaces and expansion of parks and recreational opportunities needed to serve additional residents in the immediate and distant future.
f) The Safety Element: The proposed amendment to the Housing Element is consistent with the Safety Element for the following reasons:

The General Plan’s Safety Element Goal (S-2) seeks to protect the community from wildland fires. This amendment to the Housing Element would encourage development of residential structures in compliance with the City’s and Aliso Viejo Community Association’s stringent site design and maintenance standards. The density and location of the sites are anticipated to be in within close proximity to the Orange County Fire Authority’s facilities, which would support the Authority’s efforts to reduce fire risks through public education.

Goal S-4 seeks to protect the community from hazards associated with air pollution, hazardous materials, and nuclear power production. This designation will support the efforts of federal, state, and county agencies to decrease air pollution emissions occurring within the air basin. This amendment to the Housing Element will potentially increase the inventory of residential products available in Southern California that are within close proximity of commercial resource centers and employment centers.

Goal S-5 seeks to safeguard the community from criminal activity and structural fire hazards. This amendment to the Housing Element would enable local law enforcement and fire protection services to be responsive to the City’s residents by developing sites within close proximity to law enforcement and fire prevention 432
authorities. Both the Orange County Sheriff and Orange County Fire Authority have adequate facilities and personnel throughout the City. The proximity of these agencies and their resources will reduce the risk of criminal activity and structural fires at the sites with a potential for residential development.

Thus, this proposed amendment to the Housing Element is internally consistent with the goals and policies of other elements of the City’s General Plan.

3. Land Use Compatibility.

The adoption of the Housing Element Update makes no changes to the General Plan Land Use Policy Map. The proposed Housing Element Update does not entitle, propose, or otherwise require the construction of new development or rehabilitation of existing development, but rather includes goals and policies to facilitate the development, preservation, and rehabilitation of housing consistent with existing and proposed uses identified in the Aliso Viejo General Plan and as mandated to be allowed under State law.

4. Property Suitability.

As part of the available sites analysis process, development options such as mixeduse, construction of accessory dwelling units (ADUs), and rezoning of office properties were identified due to Aliso Viejo being fully developed with little vacant land suitable for new housing. The City’s RHNA allocation must be satisfied through redevelopment of properties that have potential for housing or mixed use. The sites identified in the Housing Element Update present opportunities for new residential development and are suitable for redevelopment. Any future housing development projects will be subject to separate entitlement review.

SECTION 4. Transmit Housing Element to HCD. Staff is hereby directed to transmit the adopted 2021-2029 Housing Element Update, which includes the Housing Plan (Exhibit “A” to this Resolution) and Appendix C, Community Profile (Exhibit “B” to this Resolution), to HCD. The City Manager is further directed to make any technical or clerical revisions to the Housing Plan or Community Profile as necessary to facilitate a finding from HCD that the element substantially complies with the requirements of state law.

SECTION 5. Filing of Notice of Exemption. The City Council hereby authorizes and directs staff to prepare, execute and file with the Orange County Clerk a Notice of Exemption for the proposed Project.

SECTION 6. Location of Documents. The administrative record for the Project is maintained at City Hall located at 12 Journey, Suite 100, Aliso Viejo, CA 92656. The custodian of records is the City Clerk.
433
PASSED, APPROVED AND ADOPTED this 19th day of January 2022. _____________________________
Ross Chun
Mayor
APPROVED AS TO FORM: ATTEST:
_____________________________ _____________________________ Scott C. Smith Mitzi Ortiz, MMC
City Attorney City Clerk
434

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

AYES:

NOES:

ABSENT:
___________________________

MITZI ORTIZ

CITY CLERK
(SEAL)
435
EXHIBIT “A”

HOUSING PLAN
436
EXHIBIT “B”

COMMUNITY PROFILE
437
EXHIBIT “C”

HCD COMMENTS AND CITY RESPONSES
438

ALISO VIEJO GENERAL PLAN
H-1

HOUSING PLAN

INTRODUCTION
Located in southwestern Orange County, Aliso Viejo is approximately bisected by Highway 73 with Laguna Beach bordering to the southwest, Laguna Woods to the north, Laguna Hills to the east, and Laguna Niguel and unincorporated County lands to the south. A primarily residential community, Aliso Viejo offers a wide variety of housing opportunities and has adequate schools, employment, shopping, parks, and open space for the recreation and leisure needs of its residents.

The Aliso Viejo Planned Community, which comprises
the majority of the City, began development in the
early 1980s. Following rapid growth in the 1980s and
1990s, residential portions of the planning area reached build-out soon after the City’s incorporation on July 1, 2001, becoming the 34th city in Orange County.

At the time of incorporation in 2001, the City’s vacant or underutilized sites were entitled with non-residential uses as specified in the Aliso Viejo Master Development Agreement approved by the County in 1988. However, with the City’s adoption of its first General Plan in 2004, the opportunity for additional housing within the community became part of the General Plan process. The Community Benefit Overlay (CBO) concept, outlined in the Land Use Element, allowed modification to existing entitlements: 1) if the proposed development could be shown to provide added benefit to the community, and 2) if property owners were willing to forego or amend the 1988 entitlements under the Master Development Agreement. One such community benefit was the provision of housing affordable to very-low- and low-income households.

Through the CBO mechanism, the potential for new construction of housing affordable to lower-income households was greatly increased, and the concept furthered local, regional, and state housing goals.
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PURPOSE OF THE HOUSING ELEMENT
The Housing Element serves as a guide for future residential growth in Aliso Viejo and establishes a strategy for meeting the community’s housing needs. The Housing Element is designed to achieve the following objectives set forth in state law:
1) Identify adequate sites for a range of housing opportunities; 2) Assist in the development of adequate and affordable housing; 3) Address constraints to meeting the City’s housing needs; 4) Conserve and improve the condition of housing; and
5) Promote equal housing opportunities for all persons.

SCOPE AND CONTENT OF THE HOUSING ELEMENT
The Housing Element is a mandated component of the General Plan and satisfies the requirements of State planning law. The Housing Element contains two parts – the Housing Plan and the Community Profile. The Housing Plan has three sections: 1) Introduction; 2) Issues, Goals and Policies; and 3) Housing Programs. In the Issues, Goals and Policies section, potential housing issues are identified and discussed, and goals and policies are established to address these issues. The Housing Plan describes how the goals and policies will be achieved and implemented.

The Community Profile, contained in the General Plan as Appendix C, and part of the Housing Element, analyzes community demographics and housing stock characteristics, potential constraints to housing development, and identifies resources to meet the community’s housing needs.

RELATIONSHIP TO OTHER GENERAL PLAN ELEMENTS
California planning law requires the Housing Element to be consistent with other General Plan elements. Development policies contained in the Land Use Element, which establish the location, type, density, and distribution of land uses, including housing, support the goals of the Housing Element by identifying suitable locations for a variety of housing types.

All policies and programs within this Housing Element have been analyzed and found to be consistent with the other elements of the General Plan. When future General Plan amendments are proposed, the City will evaluate other elements, including the Housing Element, to ensure consistency is maintained.
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PUBLIC PARTICIPATION
Public participation is an important component of the Housing Element update process.

Government Code §65583(c)(8) states that "The local government shall make diligent effort to achieve public participation of all the economic segments of the community in the development of the housing element, and the program shall describe this effort." Public participation played an important role in the formulation and refinement of the City’s housing goals and policies.

City residents and many other interested parties were encouraged to participate in the Housing Element update process and to identify housing issues of concern, recommend strategies, review the draft element, and provide recommendations to decision-makers.

Please refer to Appendix C-6 for a summary of the Housing Element public participation program.

Persons and organizations representing the interests of lower-income households and persons with special needs, as well as affordable housing developers, were specifically targeted in the City’s notification list (Table H-1).

The following public meetings were conducted regarding the 2021 Housing Element update:

May 19, 2021 City Council study session
August 18, 2021 City Council public meeting
____________ City Council public hearing
Notices of all public meetings were posted on the City’s website, and also mailed to all persons and organizations on the Housing Element interest list in advance of each meeting.

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Table H-1
Housing Element Notification List
Kennedy Commission
17701 Cowan Ave., Suite 200
Irvine, CA 92614
League of Women Voters
PO Box 1065
Huntington Beach, CA 92647
OC Association of Realtors
25552 La Paz Road
Laguna Hills, CA 92653
Public Law Center
601 Civic Center Drive West
Santa Ana, 92701
Habitat for Humanity of Orange County
2200 S. Ritchey St.

Santa Ana, CA 92705
Jamboree Housing Corp.
17701 Cowan Avenue
Suite 200
Irvine, CA 92614
The Related Companies of California
18201 Von Karman Ave Ste 900
Irvine, CA 92612
Community Housing Resources, Inc.
17701 Cowan Avenue, Suite 200
Irvine, CA 92614
South County Outreach
26776 Vista Terrace
Lake Forest, CA 92630
Dayle McIntosh Center
South County Branch
24012 Calle De La Plata # 110
Laguna Hills, CA 92653
OC Housing Providers
25241 Paseo de Alicia, Suite 120
Laguna Hills, CA 92653
Brittany Irvin
Province Group
26 Corporate Plaza #260
Newport Beach, CA 92660
OC Business Council
2 Park Plaza, Suite 100
Irvine, CA 92614
OC Housing Trust
198 W. Lincoln Ave., 2nd Floor
Anaheim, CA 92805
Neighborhood Housing Services of
Orange County
198 W. Lincoln Ave., 2nd Floor
Anaheim, CA 92805
BIA/OC
17744 Sky Park Circle #170
Irvine, CA 92614
City of Laguna Woods
Attn: Community Development Director
24264 El Toro Road
Laguna Woods, CA 92637
City of Laguna Hills
Attn: Community Development Director
24035 El Toro Rd
Laguna Hills, CA 92653
City of Mission Viejo
Attn: Community Development Director
200, Civic Center
Mission Viejo, CA 92691
Community Outreach Coordinator
Regional Center of Orange County
P.O. Box 22010
Santa Ana, CA 92702-2010
City of Laguna Niguel
Attn: Community Development Director
30111 Crown Valley Pkwy
Laguna Niguel, CA 92677
City of Laguna Beach
Attn: Community Development Director
505 Forest Ave.

Laguna Beach, CA 92651-2394
Dan Schmid
Welcoming Neighbors Home
23676 Birtcher Dr.

Lake Forest, CA 92630
Moulton Niguel Water District
P.O. Box 30203
Laguna Niguel, CA 92607
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South Orange County Wastewater
Authority
34156 Del Obispo Street
Dana Point, CA 92629
El Toro Water District
24521 Los Alisos Boulvard
Lake Forest, CA 92630
Brandon Young
Mitchell M. Tsai, Attorney At Law
155 South El Molino Ave, Ste. 104
Pasadena, CA 91101
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ISSUES, GOALS, AND POLICIES
The goals, policies, and implementation programs of the Housing Element address three Citywide issues:
1) Providing opportunities for a variety of housing;
2) Maintaining quality neighborhoods and housing units that meet the needs of all income groups; and
3) Assisting special needs households and ensuring fair housing practices.

VARIETY OF HOUSING OPPORTUNITIES
Housing needs vary depending on many factors, such as age, income, family type, household size, and mobility. A well-balanced community includes a variety of housing options. Providing a range of housing opportunities helps ensure that households of all types and sizes can find a home in Aliso Viejo that suits their needs.

Goal H-1 Encourage a diversity of housing types and provide affordability levels within Aliso Viejo to meet the needs of community residents.

Policy H-1.1 Identify sites appropriate for the development of a variety of housing types and price ranges to meet the needs of all socioeconomic segments of the community through the disbursement of affordable units in projects.

Policy H-1.2 Encourage through the use of density bonuses and rezoning to allow for residential development, development of affordable housing opportunities throughout the community, as well as development of housing for elderly and low- and moderate-income households near public transportation services.

Policy H-1.3 Identify physical, legal, economic, and other constraints to the development of housing and collaborate with other public and private agencies to overcome such factors.

Policy H-1.4 Ensure that a portion of future residential development is affordable to low- and very-low-income households by designating certain sites as having the potential to be used for residential uses.
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Policy H-1.5 Encourage development of mixed-use neighborhoods that incorporate all levels of housing with commercial and business park development in existing and future developments.

Policy H-1.6 Encourage the use of grant funds to purchase available residential units in order to increase the supply of rental and ownership units that are affordable to low- and moderate-income households.

HOUSING AND NEIGHBORHOOD PRESERVATION
Housing and neighborhood preservation addresses two important issues: 1) improving the condition of Aliso Viejo’s residential stock and neighborhoods; and 2) maintaining the supply of affordable housing. The first aspect of housing and neighborhood preservation is to provide a safe and aesthetically pleasing living environment. Improving the character of Aliso Viejo’s neighborhoods also influences property values and overall quality of life.

The other aspect of housing and neighborhood preservation is ensuring that access to affordable housing opportunities for lower-income households is provided throughout the community.

Goal H-2 Create safe and aesthetically pleasing neighborhoods, and provide adequate housing to meet the needs of all household types and income groups.

Policy H-2.1 As the City matures, maintain the quality of the housing stock through code enforcement as well as appropriate coordination with homeowner associations with regards to on-street parking, landscape maintenance, and water quality.

Policy H-2.2 Promote increased awareness of the importance of property maintenance to long-term housing quality and property values, and encourage community and neighborhood involvement in neighborhood preservation through public information and awareness, the Aliso Viejo Community Association (AVCA), City newsletters, e-news, cable television, and informational brochures at the public counter at City Hall.

Policy H-2.3 Work to preserve the affordability of publicly assisted and privatelyfinanced housing units and to discourage their conversion to market-rate housing by requiring condominium conversions to provide very-lowand low-income units, with a focus on units that currently are or were previously affordable units that may have expired or are at risk of expiring.
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AFFIRMATIVELY FURTHERING FAIREQUAL ACCESS TO

HOUSING
The City seeks to expand the range of housing opportunities provided in Aliso Viejo, including housing for seniors on fixed incomes, lower and moderate income residents (including extremely low income households), the disabled, large families, female-headed households with children, and the homeless. In order to make adequate provision for the housing needs of all segments of the community, the City must ensure equal and fair housing opportunities are available to all residents.Special circumstances may impede some persons and households from finding decent, affordable housing. The City has a responsibility to ensure that all persons have access to housing, regardless of race, religion, gender, familial status, marital status, national origin, color, age, disability, or source of income. To ensure that all groups have equal access to housing, the City should ensure the continuation of unimpeded access to a full range of housing opportunities.

Goal H-3a Ensure that all persons and household types have equal access to housing opportunities regardless of their special characteristics as protected under State and Federal fair housing laws.

Goal H-3b Increase the supply of affordable housing in high opportunity areas.

Goal H-3c Prevent displacement of low- and moderate-income residents with protected characteristics.

Goal H-3d Increase community integration for persons with disabilities.

Goal H-3e Ensure equal access to housing for persons with protected characteristics, who are disproportionately likely to be lower-income and to experience homelessness.

Goal H-3f Expand access to opportunity for protected classes.

Goal H-3g Collaborate with regional and local organizations.

Policy H-3.1 Affirmatively further fair housing and promote equal housing opportunities for persons of all socioeconomic segments of the community.

Policy H-3.2 Promote housing along with supportive services to meet the special housing needs of seniors, homeless individuals, and families, and the disabled.

Policy H-3.3 Encourage the provision of housing to meet the needs of families of all sizes.
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Policy H-3.4 Facilitate increased participation among traditionally underrepresented groups in the public decision-making process.

Policy H-3.5 Provide increased outreach and education for the broader community of residents, residential property owners and operators regarding fair housing practices and requirements, especially through non-traditional media.

Policy H-3.6 Using best practices from other jurisdictions, explore policies and programs that increase the supply affordable housing, such as linkage fees, housing bonds, inclusionary housing, public land set-aside, community land trusts, transit-oriented development, and expedited permitting and review.

Policy H-3.7 Explore the use of CDBG funds and other grants to provide low-interest loans to single-family homeowners and grants to homeowners with household incomes of up to 80% of the Area Median Income to develop accessory dwelling units with affordability restriction on their property.

Policy H-3.8 Review existing zoning policies and explore zoning changes to facilitate the development of affordable housing.

Policy H-3.9 Align zoning codes to conform to recent California affordable housing legislation.

Policy H-3.10 Explore piloting a Right to Counsel Program to ensure legal representation for tenants in landlord-tenant proceedings, including those involving the application of new laws like AB 1482.

Policy H-3.11 Conduct targeted outreach and support to persons with disabilities, including individuals transitioning from institutional settings and individuals who are at risk of institutionalization. As part of that assistance, maintain a database of housing that is accessible to persons with disabilities.

Policy H-3.12 Consider adopting the accessibility standards adopted by the City of Los Angeles, which require at least 15 percent of all new units in citysupported Low-Income Housing Tax Credit (LIHTC) projects to be ADAaccessible with at least 4 percent of total units to be accessible for persons with hearing and/or vision disabilities.

Policy H-3.13 Consider incorporating a fair housing equity analysis into the review of significant rezoning proposals and specific plans.
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Policy H-3.14 Study and make recommendations to improve and expand Orange County’s public transportation to ensure that members of protected classes can access jobs in employment centers.

Policy H-3.15 Increase support for fair housing enforcement, education, and outreach.

Policy H-3.16 In collaboration with the Orange County Housing Authority (OCHA):
a) Attend quarterly OCHA Housing Advisory Committee to enhance the exchange of information regarding the availability, procedures, and policies related to the Housing Assistance Voucher program and regional housing issues.
b) Support OCHA's affirmative fair marketing plan and deconcentration policies by providing five-year and annual PHA plan certifications.
c) In coordination with OCHA and fair housing services provider, conduct landlord education campaign to educate property owners about State law prohibiting discrimination based on household income.

Policy H-3.17 Through the City's fair housing contractor:
a) Provide fair housing education and information to apartment managers and homeowner associations on why denial of reasonable modifications/accommodations is unlawful.
b) Conduct multi-faceted fair housing outreach to tenants, landlords, property owners, realtors, and property management companies.

Methods of outreach may include workshops, informational booths, presentations to community groups, and distribution of multi-lingual fair housing literature.

Policy H-3.1 Identify and participate in programs and provide incentives through density bonuses and rezoning to encourage residential projects that include housing for seniors, low- and moderate-income groups, or special needs groups.

Policy H-3.2 Encourage the provision of housing and services for special needs groups, such as the homeless, the disabled, and victims of domestic violence by providing City grants to agencies providing services to persons in these groups.
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Policy H-3.3 Collaborate with developers, landlords, home-seekers, tenants, real estate and lender groups, and other private for-profit and non-profit agencies to ensure that individuals and families seeking housing in Aliso Viejo are not discriminated against.

Policy H-3.4 Maintain a variety of housing types that complement the employment opportunities within the community and encourage a jobs/housing balance, provided that the City’s long-range fiscal land use objectives are met.
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HOUSING PROGRAMS
This Housing Plan identifies specific action programs the City will implement to further its housing goals and policies during the 2021-2029 planning period. The programs, arranged under four headings and presented in numerical order, are designed to accomplish the following:
❖ Identify adequate sites to maintain a variety of housing opportunities; ❖ Conserve and improve the existing housing stock;
❖ Facilitate the development and maintenance of affordable housing; ❖ Address and remove unnecessary governmental constraints; and ❖ Ensure equal housing opportunity.

HOUSING POLICY MAP
The Housing Policy Map (Figure H-1) depicts the locations having potential for future housing development during this planning period (see also Appendix C and Housing Program 1, Adequate Sites for Affordable Housing.

VARIETY OF HOUSING OPPORTUNITIES

1. Adequate Sites for New Housing
Aliso Viejo’s share of the region’s new housing need for the 2021-2029 planning period as established by the Southern California Association of Governments (SCAG) in the Regional Housing Needs Assessment (RHNA) is 1,195 units. Of these, 390 units are designated for very-low-income households, 214 are for low-income households, 205 are for moderate-income households, and 386 are for above-moderate-income households.

State law requires cities to identify adequate sites with appropriate zoning to accommodate the additional housing need for the planning period. In compliance with the requirements of state law, the City will carry out the actions described below in order to identify and rezone adequate sites commensurate with its housing need during the planning period.
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❖ Within the first three years of the planning period, the City will process amendments to the General Plan and zoning regulations to accommodate 100% of the shortfall of potential lower-income housing units to accommodate the RHNA allocation as identified in Table CP25. Sites to be rezoned shall be selected from the candidate sites listed in Table CP-26 and shall comply with the provisions of Government Code §65583.2.h and §65583.2.i.
❖ City staff will provide assistance to applicants for housing developments on sites to be rezoned during the review process.
❖ The City will facilitate affordable multi-family development on these sites by supporting funding applications, allocating funds from the Affordable Housing Trust Fund, and/or approving modifications to development standards.
❖ The City will report annually to the California Department of Housing and Community Development on its progress in implementing this program.
❖ The City will monitor project approvals and comply with the no net loss requirements of Government Code Sec. 65863.

Timeframe: General Plan and zoning amendments by October 2024; annual reporting
Objective: Provide adequate sites for housing to accommodate regional needs (Table H-1)
Responsible Agency: Planning Department
Funding Source: General Fund; grant funds, if available

2. Facilitate the Provision of Affordable Housing
State Density Bonus law (Government Code Sec. 65915 et seq.) establishes incentives to encourage the provision of affordable housing, and Chapter 15.58 of the Zoning Code provides local regulations and procedures to implement State requirements. AB 2345 (2019) amended State law to revise density bonus incentives that are available for affordable housing developments. The City will process a Code amendment concurrent with adoption of the Housing Element to update the City’s density bonus regulations in conformance with current State law.

The City has also established an affordable housing fund to assist in the provision of affordable housing. To date, the City has collected approximately $2.5 million in affordable housing in-lieu funds. The majority of the existing funds are from the Canyon Point condo conversion. The remaining balance is from a 12- unit CBO project, Ventana Ridge, as well as a small percentage from the 452

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Glenwood and Vantis CBO projects. In 2016, the City provided a loan of $2.25 million for the construction of 198 affordable units at 100 Freedom Lane, 50 of which are at or below 50% AMI and 148 units are at or below 60% AMI.

The priority for the use of in-lieu funds will be to assist the provision of extremely-low- and very-low-income rental housing and housing for persons with special needs, which may include purchasing affordability covenants on existing rental units and/or providing incentives to non-profit developers of rental housing. These funds may also be utilized to retain affordable status on units that may require City intervention and the associated administrative costs.

In 2021, the City allocated $154,650 of affordable housing in-lieu funds to purchase a condominium unit, which is leased to a non-profit organization for use as transitional housing for homeless families.

Timeframe: Update density bonus regulations by October 2022 Objective: New affordable housing commensurate with regional needs (Table H-1)
Responsible Agency: Planning Department
Funding Source: In-Lieu Housing Fund

3. Homeownership Assistance Programs
The City recognizes the importance of providing homeownership opportunities for lower- and moderate-income households. The City will continue to monitor the availability of homeownership programs that are supported by other agencies and make this information available to prospective homeowners in Aliso Viejo. Such programs may include the Mortgage Credit Certificates, California Housing Finance Agency, mortgage revenue bonds, CDBG, and HOME.

The City will investigate the feasibility of developing its own homeownership assistance program with the use of CDBG funds (see Program 2).

Timeframe: Annual updates to information posted on the City website
Program Objective: Provide home buyer assistance information to potential homeowners in Aliso Viejo
Responsible Agency: Planning Department
Funding Source: General Fund; homebuyer assistance programs

4. Section 8 Housing Choice Vouchers
The Section 8 Housing Choice Vouchers program extends rental subsidies to very-low-income households and seniors who spend more than 30 percent of 453

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their income on rent. The amount of subsidy is equal to the difference between the excess of 30 percent of monthly income and actual rent. The program is administered by the Orange County Housing Authority (OCHA) and funding is determined by the federal government; therefore, the City has no ability to determine the number of vouchers available in Aliso Viejo. The City will provide information regarding the Section 8 program on the City website and other locations in the City.

Timeframe: Throughout the planning period
Program Objective: The City will continue to promote the use of Section 8 Housing Choice Vouchers in Aliso Viejo with the
objective of expanding assistance to very-low-income
households. Specifically, the City will make referrals to OCHA, advertise the program on the City website and
in newsletters, and distribute information at the public counter at City Hall throughout the planning period
Responsible Agency: Orange County Housing Authority; Planning Department
Funding Source: HUD Section 8 funds

5. OCHA Special Needs Groups Rental Assistance Program
In addition to the Section 8 Housing Choice Vouchers program, the Orange County Housing Authority (OCHA) administers rental assistance programs targeting special needs groups, including families whose children are at risk of being placed in out-of-home care, persons with disabilities, the homeless, and seniors. These programs include:
❖ Family Unification: This program provides Section 8 assistance to families whose children are at risk of being placed in out-of-home care or delayed in returning from care because of the families’ inadequate housing.
❖ Aftercare for Disabled: This program provides Section 8 assistance specifically for disabled applicants.
❖ Shelter Plus Care: This program provides Section 8 assistance to homeless persons with disabilities.
❖ HOPE IV - Elderly Independence: This program provides Section 8 assistance to frail seniors.
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The City has no ability to determine funding levels or the number of persons served by these programs, but will continue to promote these assistance programs on the City website and other locations.

Responsible Agency: Planning Department
Program Objective: Continue to assist OCHA in promoting its Special Needs Groups Rental Assistance Programs in Aliso Viejo with
the objective of expanding assistance to additional
households with special needs. Specifically, the City will make referrals to OCHA, advertise the program on City
website and newsletters, and distribute information at
the public counter at City Hall.

Timeframe: Continuously Tthroughout the planning period Funding Source: General Fund

6. City Grants for Special Needs Groups
The City currently provides local community assistance grants for human and social service groups, including domestic violence shelters and homelessness prevention. Since 2005, the City has provided approximately $34,000 in grants to Laura’s House, a State-approved comprehensive domestic violence agency serving residents in southern Orange County. Their target population is battered women and children who are coping with the effects of domestic violence, needing emergency shelter, support, education and counseling. The City has also provided over $83,000 in community assistance grants to South County Outreach (SCO). SCO provides services that include food and rental and utility bill financial assistance to Aliso Viejo individuals and families consisting of seniors, youth, children, the disabled, unemployed and those in crisis.

In addition, the City provides non-competitive grants to after-school and senior programs. Since 2003, the City has provided Age Well Senior Services (formerly South County Senior Services), which provides adult day care for older adults with multiple chronic illnesses, with approximately $188,000 in grant funding.

On an annual basis, the City solicits community assistance grant applications from a variety of local non-profit service based organizations and the allocation of funding fluctuates depending on City budgetary constraints.

Timeframe: Throughout the planning period
Responsible Agency: Community Services Department
Funding Source: General Fund
Program Objective: The City will allocate 50% of its Human and Social Services community assistance grant budget to
incorporate homelessness prevention programs,
programs for the disabled, and domestic violence
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support programs into the annual cycle of grant
funding.

HOUSING AND NEIGHBORHOOD PRESERVATION

7. Code Enforcement
The Code Enforcement Program is operated through the City’s Building Department. Code Enforcement staff responds to complaints related to substandard housing, property maintenance, overgrown vegetation, trash and debris, improper occupancy, and other nuisance and zoning complaints. In addition, the City will continue to implement and enforce the most recent provisions of the California Building Code. Where violations are identified, property owners will be referred to programs that provide financial assistance for rehabilitation.

Timeframe: Throughout the planning period
Responsible Agency: Building Department, Code Enforcement Division Funding Source: General Fund
Program Objective: The City’s Code Enforcement Staff will continue to enforce property maintenance standards and adopted
City Building and Zoning codes. The City will promote
the importance of property maintenance to long-term
housing quality and property values, and encourage
community and neighborhood involvement in
neighborhood preservation through the Aliso Viejo
Community Association (AVCA), City newsletters, enews, cable television, and informational brochures at the public counter at City Hall. As opportunities
become available, the City will consider directing
resources to assist home rehabilitation and refer
property owners to assistance programs.

8. Conservation of Existing and Future Affordable Units Aliso Viejo has several multi-family housing projects with units affordable to households earning lower incomes. None of these is at risk of converting to market-rate housing during this Housing Element period. Should there be a change in the status of these housing projects, the City will monitor the deed restrictions or affordability covenants of affordable housing and pursue options to preserve the affordable housing units.
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Timeframe: Throughout the planning period
Responsible Agency: Planning Department
Funding Source: General Fund
Program Objective: Annually, the City will monitor the status, notify residents of potential conversion to market rate
housing, and pursue options to preserve the units.

REDUCE GOVERNMENTAL CONSTRAINTS TO HOUSING

9. Streamlined Residential Permit Processing
In order to facilitate affordable housing development, the City will offer streamlined priority processing for applications that include affordable units.

Assistance will include pre-filing meetings to clarify application requirements, expedited review of application materials, and administrative assistance with grant funding applications. The City will also process a Zoning Code amendment establishing SB 35 review procedures and objective standards for qualifying projects, and post zoning, development standards, and fees on the City’s website.

Timeframe: Throughout the planning period; Zoning Code
amendment by October 2022
Responsible Agency: Planning Department
Funding Source: General Fund
Program Objective: Minimize permit processing time to reduce development costs for affordable housing.

10. Housing for Persons with Special NeedsTransitional/Supportive Housing, Emergency Shelters and Low Barrier Navigation Centers
Transitional housing, supportive housing, emergency shelters and low barrier navigation centers help to address the needs of persons who are homeless or at risk of becoming homeless.

Emergency shelters provide short-term aid to persons who are homeless and involve limited supplemental services. Transitional and supportive housing, in contrast, is directed at removing the basis for homelessness. Transitional and supportive housing is provided for an extended period of time and may be combined with other supportive services to assist in the transition from homelessness to self-sufficiency.

AB 2162 (2018) amended State law to require that supportive housing be a use by-right in zones where multi-family and mixed uses are permitted, including non-residential zones permitting multi-family uses if the proposed housing development meets specified criteria. AB 101 (2019) added the requirement that 457

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low barrier navigation centers meeting specified standards be allowed by-right in areas zoned for mixed use and in non-residential zones permitting multifamily uses pursuant to Government Code Sec. 65660 et seq. AB 139 (2019) modified State law regarding parking standards for emergency shelters. The City is currently processing a Code amendments to address these requirementsallow supportive housing and low barrier navigation centers consistent with State law.

Residential care facilities provide 24-hour non-medical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living. The City will review current zoning regulations for such facilities and amend regulations to ensure conformance with applicable law.

Consistent with the Employee Housing Act (Health and Safety Code Section 17021.5) agricultural employee housing for six or fewer employees shall be treated as a single-family structure and permitted in the same manner as other dwellings of the same type in the same zone. An amendment to the Zoning Code will be processed in compliance with this requirement.

Timeframe: Code amendments inby October 20221
Responsible Agency: Planning Department
Funding Source: General Fund
Program Objective: Encourage the provision of transitional/supportive housing, emergency shelters, and low barrier navigation centers and agricultural employee housing consistent
with State law.

11. Accessory Dwelling Units
Accessory dwelling units (ADUs) provide an important source of affordable housing for seniors, young adults and other low- and moderate-income households. Section 15.14.080 of the Zoning Code contains regulations and procedures for accessory residential units (ADUs) and junior accessory dwelling units (JADUs). The City will continue to monitor changes to State ADU law and update regulations as necessary to ensure ongoing conformance. The City will continue to encourage ADU production through targeted public information and identification of a designated planner to provide assistance to ADU applicants.

Timeframe: Code amendments by October 2022
Responsible Agency: Planning Department
Funding Source: General Fund
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Program Objective: 5 ADUs during the planning period

EQUAL ACCESS TO HOUSING
1211. Affirmatively Furthering Fair Housing
Section C.7 of the Community Profile summarizes the fair housing issues and concerns in Aliso Viejo based on findings of the 2020 Regional Analysis of Impediments to Fair Housing and additional research conducted as part of this Housing Element update. The following table summarizes the fair housing issues and contributing factors that have been identified as well as the City’s proposed actions to address these issues. The City recently hired a Housing Programs Specialist, whose responsibilities include many of the actions outlined below.

Relevant responsibilities of this new staff position are described in Appendix D.

AFH Identified Fair
Housing Issues Contributing Factors City Actions
New Housing Options in High
Opportunity Areas
- Expand access to
opportunity for
protected classes
▪ Location and type of
affordable housing
▪ Lack of access to
opportunity due to high
housing costs
▪ Lack of fair housing
outreach and enforcement
▪ Availability of affordable
housing
▪ Availability of affordable
units in a range of sizes
▪ Identify sites in high opportunity
areas for new housing
development
▪ Explore policies and programs that
increase the supply of affordable
housing
▪ Through the Fair Housing
Foundation, the City will conduct
landlord education campaign to
educate property owners about
State law prohibiting discrimination
based on household income
▪ Through the Fair Housing
Foundation, the City will provide
fair housing education and
information to apartment managers
and homeowner associations on
why denial of reasonable
modifications/accommodations is
unlawful
▪ Through the Fair Housing
Foundation, the City will conduct
fair housing outreach to tenants,
landlords, property owners,
realtors, and property management
companies
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AFH Identified Fair
Housing Issues Contributing Factors City Actions
Protecting Existing Residents
from Displacement
▪ Displacement of residents
due to economic pressures
▪ Availability of affordable
housing
▪ Availability of affordable
units in a range of sizes
▪ Attend quarterly OCHA Housing
Advisory Committee to enhance
the exchange of information
regarding the availability,
procedures, and policies related to
the Housing Assistance Voucher
program and regional housing
issues
▪ Provide five-year and annual PHA
plan certifications
Provide Access and Inclusion
for Persons with Disabilities
▪ Lack of supportive services
for persons with disabilities
▪ Lack of access to
resources, such as schools,
transportation, and other inhome or community
resources, for persons with
disabilities
Review and amend if necessary the
City’s Housing and Reasonable
Accommodation regulations and
procedures
The City contracts with the Fair Housing Foundation (FHF) to provide fair housing services. FHF services are directed to promote housing opportunities for all persons regardless of race, religion, sex, family size, marital status, ancestry, national origin, color, or disability.

Municipal Code Chapter 15.66 establishes procedures to ensure reasonable accommodation in housing for persons with disabilities. The City will continue to offer reasonable accommodation in conformance with fair housing law.

Aliso Viejo was also a participating jurisdiction in the preparation of the Orange County Analysis of Impediments to Fair Housing Choice (AI). Regional goals and strategies to address fair housing are described in the AI Executive Summary (pages 6-7). In addition to the region-wide goals and strategies, the following specific goals have been established for Aliso Viejo:

1. In collaboration with the Orange County Housing Authority (OCHA):
a. Attend quarterly OCHA Housing Advisory Committee to enhance the exchange of information regarding the availability, procedures, and policies related to the Housing Assistance Voucher program and regional housing issues.
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b. Support OCHA's affirmative fair marketing plan and deconcentration policies by providing five-year and annual PHA plan certifications.
c. In coordination with OCHA and fair housing services provider, conduct landlord education campaign to educate property owners about State law prohibiting discrimination based on household income.

2. Through the City's fair housing contractor:
a. Provide fair housing education and information to apartment managers and homeowner associations on why denial of reasonable modifications/accommodations is unlawful.
b. Conduct multi-faceted fair housing outreach to tenants, landlords, property owners, realtors, and property management companies.

Methods of outreach may include workshops, informational booths, presentations to community groups, and distribution of multi-lingual fair housing literature.

Timeframe: Throughout the planning period
Responsible Agency: Community DevelopmentPlanning Department; Fair Housing Foundation
Funding Source: County Housing Funds
Program Objectives: Continue to support fair housing services in Aliso Viejo by advertising fair housing services on the City website and at the public counter at City Hall, library, post
office, and other community locations.

Continue to implement administrative procedures set
forth in Municipal Code Chapter 15.66 to ensure
reasonable accommodation in housing for persons with
disabilities.

Continue to implement actions to affirmatively further
fair housing as described in the 2020-2024 Orange
County Analysis of Impediments to Fair Housing
Choice.
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ENERGY CONSERVATION
1312. Encourage Energy Conservation
The Zoning Code includes a Green Building Program that offers incentives such as expedited processing and/or fee waivers when project proponents agree to incorporate environmentally sensitive sustainable and energy efficient construction techniques into their projects. Expedited permit processing is provided for all building permits for solar voltaic, solar thermal systems, tankless water heaters, windows and/or doors containing glass, high-efficiency heating, ventilation, and air conditioning (HVAC) systems. Furthermore, the Solar Energy Education Program complements the Green Building Program by encouraging use of passive solar systems in new and rehabilitated residential construction to improve energy efficiency of housing units. Daytime interior lighting costs can be significantly reduced or eliminated with the use of properly designed and located skylights, which can be easily installed at reasonable expense in existing houses, thereby substantially reducing electricity costs and energy consumption. Solar energy is a practical, cost effective, and environmentally sound way to heat and cool a home. Other opportunities for energy conservation in Aliso Viejo include continued implementation of State Title 24 building construction standards, complying with Energy Star conservation standards, and considering appropriate building orientation and landscaping during the development/design review process through implementation of the Zoning Ordinance.

Timeframe: Throughout the planning period
Responsible Agency: Planning Department
Funding Source: General Fund
Program Objective: Encourage energy conservation
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QUANTIFIED HOUSING OBJECTIVES
The City’s objectives for new housing construction, rehabilitation, and conservation for the 2021-2029 planning period are summarized in Table H-1.

Table H-1
Quantified Objectives – 2021-2029
Program Category
Income Category
Extremely
Low Very Low Low Mod Upper Totals
New Construction 195 195 214 205 386 1,195
Rehabilitation 2 3 5 - - 10
Conservation 528 528
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APPENDIX C:

COMMUNITY PROFILE
Contents
C-1. Introduction ....................................................................................................... 1 Demographic and Housing Analysis......................................................................................1 Population Characteristics.....................................................................................................1 Age Characteristics............................................................................................................... 2 Occupation and Labor Participation .................................................................................... 2 Household Characteristics.................................................................................................... 4 Overcrowding..................................................................................................................... 5 Household Income and Overpayment................................................................................. 6 Special Needs Populations ................................................................................................... 7 Housing Stock ....................................................................................................................16 Housing Age and Condition ...............................................................................................16 Housing Tenure and Vacancy .............................................................................................17 Housing Costs and Affordability .........................................................................................19 At Risk Rental Housing .......................................................................................................21 Affirmatively Furthering Fair Housing ................................................................................ 22 C.2 Resources and Opportunities .............................................................................. 29 New Housing Needs.......................................................................................................... 29 Residential Sites Inventory ................................................................................................. 30 Financial Resources............................................................................................................ 32 Opportunities for Energy Conservation ............................................................................. 32 C.3 Constraints Analysis ........................................................................................... 35 Market Constraints............................................................................................................ 35 Governmental Constraints................................................................................................. 36 Environmental, Infrastructure, and Public Service Constraints..............................................51 C.4 Evaluation of the Prior Housing Element ............................................................. 55 C.5 Sites Inventory .................................................................................................. 61 C.6 Public Participation Summary ............................................................................. 71 C.7 Fair Housing Assessment .................................................................................... 91 Introduction and Overview of AB 686 ...............................................................................91 Assessment of Fair Housing Issues .......................................................................................91 Integration and Segregation............................................................................................... 94 465

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Racially and Ethnically Concentrated Areas.......................................................................108 Access to Opportunity ....................................................................................................... 111 Disproportionate Housing Needs.......................................................................................115 Outreach ..........................................................................................................................122 Local Data and Knowledge...............................................................................................122 Sites Inventory..................................................................................................................123 Identification and Prioritization of Contributing Factors....................................................125

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List of Tables
Table CP-1 Population Trends: Aliso Viejo and SCAG Region.......................................................1 Table CP-2 Age Characteristics.................................................................................................... 2 Table CP-3 Employment by Industry........................................................................................... 3 Table CP-4 Employment by Occupation – Aliso Viejo and SCAG Region .................................... 3 Table CP-5 Household Size by Tenure ........................................................................................ 4 Table CP-6 Overcrowding by Tenure: Aliso Viejo and SCAG Region........................................... 5 Table CP-7 Overpayment by Income Category and Tenure ........................................................ 6 Table CP-8 Extremely-Low-Income Households by Race/Ethnicity and Tenure............................ 7 Table CP-9 Elderly Households by Income and Tenure ............................................................... 8 Table CP-10 Disabilities by Type – Aliso Viejo ............................................................................10 Table CP-11 Disabilities by Type for Seniors - Aliso Viejo and SCAG Region................................10 Table CP-12 Developmental Disabilities – Aliso Viejo .................................................................12 Table CP-13 Female-Headed Households...................................................................................13 Table CP-14 Nearby Homeless Shelters.......................................................................................15 Table CP-15 Housing Stock – Aliso Viejo and SCAG Region........................................................16 Table CP-16 Housing Units by Year Built – Aliso Viejo and SCAG Region ...................................17 Table CP-17 Housing Tenure: Aliso Viejo and SCAG Region.......................................................18 Table CP-18 Housing Tenure by Age Group...............................................................................18 Table CP-19 Vacant Units by Type .............................................................................................19 Table CP-20 Affordable Housing Costs – Orange County.......................................................... 20 Table CP-21 Median Sales Price for Existing Homes: Aliso Viejo and SCAG Region.................... 20 Table CP-22 Spending on Rent ..................................................................................................21 Table CP-23 Inventory of Assisted Rental Housing.................................................................... 22 Table CP-24 Regional Housing Needs 2021-2029 – Aliso Viejo................................................. 29 Table CP-25 Residential Land Inventory ....................................................................................31 Table CP-26 Candidate Parcels for Rezoning..............................................................................31 Table CP-27 Residential Development Standards ...................................................................... 38 Table CP-28 Parking Requirements by Use................................................................................ 40 Table CP-29 Permitted Residential Land Uses by District ........................................................... 42 Table CP-30 Planning and Development Fees........................................................................... 46 Table CP-31 Road Improvement Standards ............................................................................... 47 Table CP-32 Progress in Achieving Quantified Objectives 2013-2021......................................... 55 Table CP-33 2013-2021 Housing Element Program Evaluation .................................................. 57 Table CP-34 Dissimilarity Index (0-100) .................................................................................... 94 Table CP-35 Dissimilarity Index Values by Race and Ethnicity, Orange County vs. Aliso Viejo... 94 Table CP-36 Isolation Index Values by Race and Ethnicity, Orange County............................... 95 Table CP-37 Isolation Index Trends, Aliso Viejo........................................................................ 95 Table CP-38 Disability by Type, Orange County/Region/Aliso Viejo ......................................... 99 Table CP-39 White Household Income and Percent Population ...............................................109 Table CP-40 Domains and List of Indicators for Opportunity Maps...........................................112 Table CP-41 Opportunity Map Scores and Categorization (2021)..............................................112 Table CP-42 Demographics of Households with Disproportionate Housing Needs, Aliso Viejo .115 Table CP-43 Demographics of Households with Severe Housing Cost Burden, Aliso Viejo ........116 Table CP-44 Percentage of Overcrowded Households by Race or Ethnicity, Aliso Viejo vs.

Orange County.........................................................................................................................118 467

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Table CP-45 Number of Housing Units by Year Built, Aliso Viejo.............................................120 Table CP-46 Sites Inventory .............................................................Error! Bookmark not defined.

List of Figures
Figure CP-1 Racial Characteristics............................................................................................... 25 Figure CP-2 Poverty Status........................................................................................................ 26 Figure CP-3 Disabilities.............................................................................................................. 27 Figure CP-4 TCAC/HCD Opportunity Map............................................................................... 28 Figure CP-5 Areas of Minority Concentration in Aliso Viejo (2018)........................................... 96 Figure CP-6 Percent of Population with Disabilities, South Orange County Region.................... 97 Figure CP-7 Percent of Population with Disabilities, Aliso Viejo................................................. 98 Figure CP-8 Disability Status in South County............................................................................ 99 Figure CP-9 Percentage of Adults Living Alone, Aliso Viejo .......................................................101 Figure CP-10 Percentage of Adults Living with their Spouse, Aliso Viejo ...................................102 Figure CP-11 Percentage of Children in Married Couple Households, Aliso Viejo......................103 Figure CP-12 Percentage of Children in Single Female-Headed Households, Aliso Viejo............104 Figure CP-13 Low and Moderate Income (LMI) Areas, South Orange County...........................106 Figure CP-14 Low and Moderate Income (LMI) Areas, Aliso Viejo............................................107 Figure CP-15 Racially/Ethnically Concentrated Areas of Poverty (R/ECAPs), Orange County ....108 Figure CP-16 White Population and Median Income Distribution ..............................................110 Figure CP-17 CalEnviroScreen 4.0 Percentile Scores ...................................................................114 Figure CP-18 Cost Burdened/Overpayment for Renters and Owners – Aliso Viejo.....................117 Figure CP-19 Overcrowded Households, Aliso Viejo vs. Orange County ...................................119 Figure CP-20 Displacement Typology, Aliso Viejo.....................................................................121 Figure CP-21 Location of Sites to Meet RHNA..................................Error! Bookmark not defined. 468

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C-1. INTRODUCTION
The City strives to achieve a balanced housing stock that meets the varied needs of all income segments of the community. To accomplish this goal, a comprehensive assessment of community housing needs, obstacles to future housing opportunity, and an assessment of available resources must be undertaken.

DEMOGRAPHIC AND HOUSING ANALYSIS
Factors such as age, cultural preferences, household size, occupation, and income combine to influence the types of housing needed and the ability to afford housing. These demographic characteristics, balanced with an analysis of existing housing stock conditions, help determine a community’s housing needs.

The statistics included here are from recent data from the U.S. Census, the California Department of Finance (DOF), the California Employment Development Department (EDD), the Southern California Association of Governments (SCAG), and other relevant sources.

POPULATION CHARACTERISTICS
Aliso Viejo’s population in 2020 was approximately 50,044. As the City has approached full development population growth has slowed, with an increase of only about 550 persons during the 5-year period from 2015 to 2020 (Table CP-1).

Table CP-1
Population Trends: Aliso Viejo and SCAG Region
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AGE CHARACTERISTICS
A community’s housing needs are affected by the age characteristics of residents. Typically, each age group has distinct lifestyles, family type and size, incomes, and housing preferences. As people move through each stage of life, housing needs and preferences change.

The share of Aliso Viejo’s population under 18 years of age is 24.6%, which is slightly higher than the regional share of 23.4%. Aliso Viejo's seniors (65 and above) make up about 8.3% of the population, which is substantially lower than the regional share of 13% (Table CP-2).

Table CP-2
Age Characteristics

OCCUPATION AND LABOR PARTICIPATION
Employment has an important impact on housing needs. Different jobs and income levels affect the type and size of housing a household can afford. In addition, employment growth within a region typically results in an increase in housing demand.

According to recent Census data, Aliso Viejo has 28,899 workers living within its borders who work across 13 major industrial sectors (Table CP-3). The most prevalent industry is Education & Social Services with 5,407 employees (18.7% of total) and the second most prevalent industry is Professional Services with 4,971 employees (17.2% of total).

The most prevalent occupational category in Aliso Viejo is Management, in which 15,763 (54.5% of total) employees work. The second-most prevalent type of work is in Sales, which employs 7,190 (24.9% of total) in Aliso Viejo (Table CP-4). 470

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Table CP-3
Employment by Industry
Table CP-4
Employment by Occupation – Aliso Viejo and SCAG Region
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HOUSEHOLD CHARACTERISTICS
A household is defined by the Census as all persons who occupy a housing unit, which may consist of a family, a single person, or unrelated persons sharing a housing unit. Persons residing in group quarters such as dormitories or retirement homes are not considered households. A community’s household characteristics serve as an important indicator of the type and size of housing needed.

Household size is an important indicator of housing need. The presence of families with children, students, and elderly persons, among other groups, can have different effects on the household size in a community.

Recent Census data reported that the most commonly occurring household size is two persons (29.2%) while the second-most commonly occurring household size is one person (24.2%). Aliso Viejo has a slightly higher share of single-person households than the SCAG region overall (24.2% vs. 23.4%) and a much lower share of large households with 7+ persons than the SCAG region overall (0.6% vs. 3.1%). This suggests that the need for smaller units is significantly greater than for large units, especially among renters (Table CP5).

Table CP-5
Household Size by Tenure
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OVERCROWDING
The Census defines overcrowding as households with more than one person per room, excluding kitchens, bathrooms, and porches. Overcrowding can result when a shortage of larger units exists within a community or in cases where high housing costs force families to take on additional roommates or choose smaller units. Overcrowding also tends to accelerate deterioration of housing. Therefore, maintaining a reasonable level of occupancy and alleviating overcrowding are important objectives.

Table CP-6
Overcrowding by Tenure: Aliso Viejo and SCAG Region
According to recent Census data, overcrowding in Aliso Viejo is much less prevalent than for the County as a whole. Only about 1 percent of owner households and 6 percent of renter households in Aliso Viejo were reported to be overcrowded compared to 6 percent of owners and 22 percent of renters throughout the SCAG region (Table CP-6). Housing Program 1, Adequate Sites for New Housing, will help to alleviate problems associated with overcrowding by expanding housing opportunities in the City. Housing Program 2, Facilitate the Provision of Affordable Housing, and Housing Program 3, Homeownership Assistance Programs, can reduce the problem of overcrowding for large-renter households by making it more feasible for these households to rent or purchase suitable homes. In addition, Housing Program 4, Section 8 Housing Choice Vouchers, and Program 5, OCHA Special Needs Groups Rental Assistance Program (Family Unification), can assist renterhouseholds experiencing overcrowding by making rental assistance available to facilitate moving into larger units.
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HOUSEHOLD INCOME AND OVERPAYMENT
Income is one of the most important factors affecting housing opportunities available to a household, determining the ability to balance housing costs with other basic necessities.

While housing choices, such as tenure (owning versus renting) and location are mostly income-dependent, household size and type also affect the proportion of income that can be spent on housing.
“Overpayment” is defined as paying more than 30 percent of gross income for housing expenses, including utilities. Overpayment is much more prevalent among lower-income households, as shown in Table CP-7.

Table CP-7
Overpayment by Income Category and Tenure
Income by Cost Burden Cost Burden > 30% Cost Burden > 50% Total Renters
Household income ≤ 30% HAMFI 660 635 790
Household income > 30% to ≤ 50% HAMFI 710 640 810
Household income > 50% to ≤ 80% HAMFI 1,185 425 1,240
Household income > 80% to ≤ 100% HAMFI 725 10 1,095
Household income ≥ 100% HAMFI 325 – 3,435
Total 3,605 1,710 7,375
Owners
Household income ≤ 30% HAMFI 580 520 695
Household income > 30% to ≤ 50% HAMFI 205 145 340
Household income > 50% to ≤ 80% HAMFI 545 325 930
Household income > 80% to ≤ 100% HAMFI 640 105 1,155
Household income ≥ 100% HAMFI 1,240 80 8,175
Total 3,210 1,175 11,295
Notes:

HAMFI = HUD Area Median Family Income
≤ = less than or equal to
≥ = greater than or equal to
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Extremely-Low-Income Households
Housing the extremely-low-income population (below 30% of area median income) can be especially challenging. Table CP-8 provides a breakdown of extremely-low-income households by race, ethnicity and tenure. The race/ethnicity with the highest share of extremely-low-income households in Aliso Viejo is Black, non-Hispanic (22.4% compared to 7.7% of total population). About 12 percent of renter households had extremely-low incomes as compared to approximately 5 percent of owners. As shown in Table CP-7 above, overpayment is most prevalent among extremely-low-income households, both owners and renters. The Housing Plan addresses the needs of ELI households through Program 2, Facilitate the Provision of Affordable Housing, and Housing Program 3, Homeownership Assistance Programs, by making it more feasible for ELI households to rent or purchase suitable homes.

Table CP-8
Extremely-Low-Income Households by Race/Ethnicity and Tenure

SPECIAL NEEDS POPULATIONS
Certain groups have greater difficulty finding decent, affordable housing due to special needs and/or circumstances. Special circumstances may be related to one’s employment and income, family characteristics, disability, and household size, among others.

Consequently, certain segments of residents in Aliso Viejo may experience a higher prevalence of housing cost burden, overcrowding, or other housing problems.

Under state law, “special needs” groups include senior households, persons with disabilities, large households, single-parent households, homeless persons, and agricultural 475

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workers. This section provides a discussion of the housing needs facing each of these groups, as well as programs and services available to address housing or related needs.

Senior Households
Many senior households have special needs due to relatively low, fixed incomes, physical disabilities or limitations, or dependency needs. Specifically, people aged 65 years and older often have four main concerns:
❖ Housing: Many seniors live alone and/or are renters.
❖ Income: People aged 65 and over are usually retired and living on a fixed income.
❖ Health care: Seniors are more likely to have health issues or disabilities. ❖ Transportation: Some of the elderly rely on public transportation. A significant number of seniors with disabilities may require alternative transportation.

According to recent HUD data, about 20.5% of elderly households have incomes less than 30% of the surrounding area income (compared to 24.2% in the SCAG region) and 30.4% have incomes below 50% of median income (compared to 30.9% in the SCAG region) (Table CP-9).

Table CP-9
Elderly Households by Income and Tenure
There are four senior-living complexes in Aliso Viejo: The Covington located at 3 Pursuit, Renaissance at the Wellington located at 24903 Moulton Parkway, Vintage Aliso (2C Liberty), and Liberty at Aliso (100 Freedom). The Covington includes 180 units; 155 of which are for independent living. The Wellington provides 233 units for senior residents; approximately half of the units are designated for independent living and the other half are for assisted living. The rental costs for both the independent and assisted living units at the two facilities are above-moderate. Vintage Aliso provides 202 senior apartments while 476

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Liberty at Aliso includes 200 senior apartments (two units at each complex are for managers).

Various programs can address the special needs of seniors, including but not limited to congregate care, supportive services, rental subsidies, shared housing, and housing rehabilitation assistance. For the frail elderly, or those with disabilities, housing with architectural design features that accommodate disabilities can help ensure continued independent living. Seniors with mobility or self-care limitations also benefit from transportation alternatives. Senior housing with supportive services can be provided for those who require assistance with daily living.

Numerous programs and services assist Aliso Viejo seniors. Age Well Services is located in neighboring Laguna Woods, and Advocates for Senior Choices is located in nearby Mission Viejo. Age Well Services assists seniors with referrals for in-home help, personal care or housekeeping, Medicare, medical information, assisted living care, physicians, attorneys, and also a range of adult day services that include social and educational activities, exercise, and special outing and events. For seniors that have mobility restrictions, the Age Well Services Transportation program provides door-to-door driver-assisted services Monday through Friday. Case managers also facilitate the Meals-on-Wheels program that operates in south Orange County. The Meals-on-Wheels program provides meals to individuals 60 years of age and older, who are living at home and unable to prepare their own meals or go out to eat, and have little or no assistance to obtain adequate meals. Age Well Services is licensed by the State of California Department of Health Services.

The programs available in Aliso Viejo to assist seniors with special housing needs include Housing Program 6, City Grants for Special Needs Groups, Housing Program 4, Section 8 Housing Vouchers, and Program 5, OCHA Special Needs Groups Rental Assistance Program (Hope IV – Elderly Independence), which provide rental assistance to seniors.

Housing Program 11, Affirmatively Furthering Fair Housing, assures the City’s commitment to support fair housing services for all residents.

Persons with Disabilities
Physical, mental, and/or development disabilities may prevent a person from working, restrict mobility, or make it difficult to care for oneself. Disabilities often result in special housing needs related to limited earning capacity, the lack of accessible and affordable housing, and higher health costs. Some residents suffer from disabilities that require living in a supportive or institutional setting. Recent disability statistics for Aliso Viejo residents as reported by the Census Bureau are presented in Table CP-10 while disability data for seniors are shown in Table CP-11.
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Table CP-10
Disabilities by Type – Aliso Viejo
Table CP-11
Disabilities by Type for Seniors - Aliso Viejo and SCAG Region Ambulatory and cognitive disabilities are the most prevalent types of disabilities for the general population in Aliso Viejo. Among seniors, the most prevalent disability types are ambulatory (14 percent) and independent living (12 percent).

Living arrangements for persons with disabilities depend on the severity of the disability.

Many live at home independently or with other family members. Strategies that can assist those with disabilities include special housing design features, income support for those who are unable to work, and in-home supportive services for persons with medical conditions. Such services may be provided by either public or private agencies.

The City enforces the accessibility requirements contained in the California Building Code, 478

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Other regulations that affect housing for persons with special needs are discussed in the Governmental Constraints section of this report.

Developmental Disabilities
As defined by federal law, “developmental disability” means a severe, chronic disability of an individual that:
❖ Is attributable to a mental or physical impairment or combination of mental and physical impairments;
❖ Is manifested before the individual attains age 22;
❖ Is likely to continue indefinitely;
❖ Results in substantial functional limitations in three or more of the following areas of major life activity: a) self-care; b) receptive and expressive language; c) learning; d) mobility; e) self-direction; f) capacity for independent living; or g) economic self-sufficiency;
❖ Reflects the individual’s need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated.

The Census Bureau does not report developmental disabilities. According to the U.S.

Administration on Developmental Disabilities, an accepted estimate of the percentage of the population that can be defined as developmentally disabled is 1.5 percent. Many persons with developmental disabilities can live and work independently within a conventional housing environment. Those with more severely disabilities may require a group living environment where support is provided. The most severely affected individuals may require an institutional environment where medical attention and physical therapy are provided. Because developmental disabilities exist before adulthood, an important issue in supportive housing for those with developmental disabilities is the transition from the person’s living situation as a child to an appropriate level of independence as an adult.

The California Department of Developmental Services (DDS) reported that approximately 726 persons in Aliso Viejo experienced some type of developmental disability (Table CP12). 479

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Table CP-12
Developmental Disabilities – Aliso Viejo
The State Department of Developmental Services (DDS) provides community-based services to persons with developmental disabilities and their families through a statewide system of 21 regional centers, four developmental centers, and two community-based facilities. The Regional Center of Orange County1(RCOC) is one of 21 regional centers in California that provides point of entry to services for people with developmental disabilities. The RCOC is a private, non-profit community agency that contracts with local businesses to offer a wide range of services to individuals with developmental disabilities and their families.

Any resident of Orange County who has a developmental disability that originated before age 18 is eligible for services. Services are offered to people with developmental disabilities based on Individual Program Plans and may include: Adult day programs; advocacy; assessment/consultation; behavior management programs; diagnosis and evaluation; independent living services; infant development programs; information and referrals; mobility training; prenatal diagnosis; residential care; respite care; physical and occupational therapy; transportation; consumer, family vendor training; and vocational training. RCOC also coordinates the State-mandated Early Start program, which provides services for children under age three who have or are at substantial risk of having a developmental disability.

The mission of the Dayle McIntosh Center is to advance the empowerment, equality, integration, and full participation of people with disabilities in the community. The Center is not a residential program, but instead promotes the full integration of disabled persons into the community. Dayle McIntosh Center is a consumer-driven organization serving all disabilities. Its staff and board are composed of over 50 percent of people with disabilities. 1 https://www.rcocdd.com/
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Its two offices service over 500,000 people in Orange County and surrounding areas with disabilities. The Center’s South County branch is located in Laguna Hills, immediately adjacent to Aliso Viejo.

Housing Program 4, Section 8 Housing Choice Vouchers, and Program 5, OCHA Special Needs Groups Rental Assistance Program (Aftercare for Disabled and Shelter Care Plus), can provide rental assistance to the disabled. In addition, Housing Program 11, Affirmatively Furthering Fair Housing, ensures that services are available to promote equal housing opportunities for all persons, including those with disabilities.

Female-Headed Households
Because of their relatively lower incomes and higher living expenses, female-headed households are more likely to have difficulty finding affordable, decent, and safe housing.

These households often require special consideration and assistance as a result of their greater need for affordable housing, accessible day care/childcare, health care, and other supportive services. Female-headed families with children are a particularly vulnerable group because they must balance the needs of their children with work responsibilities, and often while earning limited incomes. According to recent Census data, about 10.1% are female-headed (compared to 14.3% in the SCAG region), 4.3% are female-headed and with children (compared to 6.6% in the SCAG region), and 0.4% are female-headed and with children under 6 (compared to 1.0% in the SCAG region) (Table CP-13).

Table CP-13
Female-Headed Households
The City collaborates with the Boys & Girls Club of Capistrano Valley to provide traditional afterschool programs in the areas of education, career development, the arts, technology, health and life skills, sports, fitness and recreation, and character and leadership development. Programs include homework club, teen club, and an online learning pods.

For adults there are a number of outreach programs, which includes the following collaborative partners: Champions for Change, Consumer Credit Counseling Services of Orange County, Saddleback’s College Foster & Kinship Care Education, Miracles for Families, OCSD, Second Harvest Food Bank, South Orange County Childhood Obesity Task Force, Southern California Veterinary Medical Association, Soka University, Legal Aid Society of Orange County, and Orange County United Way Internal Revenue Service. 481

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These programs and services offered through the City and the Boys & Girls Club can benefit female-headed households with children.

This Housing Element outlines a variety of City programs that can assist female-headed households with children who might have special housing needs. Housing Program 2, Facilitate the Provision of Affordable Housing, and Housing Program 3, Homeownership Assistance Programs, can benefit female-headed households by making it more feasible for these households to rent or purchase suitable homes. Housing Program 11, Affirmatively Furthering Fair Housing, helps ensure equal housing opportunities for all persons regardless of sex, family size, or marital status.

Large Households
Large households are defined as those consisting of five or more members. As shown in Table CP-5 above, recent Census data estimated that about 1,460 large households resided in Aliso Viejo, of which 447 (31 percent) were renters and 1,013 (69 percent) were owners.

A variety of City programs can assist large households. Housing Program 1, Adequate Sites for Affordable Housing, can alleviate housing problems experienced by many large households by ensuring a wide variety of housing opportunity is available in the City.

Housing Program 2, Facilitate the Provision of Affordable Housing, Housing Program 3, Homeownership Assistance Programs, can reduce the problem of overcrowding and overpayment for large-renter households by adopting programs that make it more feasible for these households to rent and purchase larger homes. Housing Program 4, Section 8 Housing Choice Vouchers, and Program 5, OCHA Special Needs Groups Rental Assistance Program (Family Unification), offer rental assistance to large renter-households. Housing Program 11, Affirmatively Furthering Fair Housing, helps promote equal housing opportunities for all persons regardless of family size.

Agricultural Workers
Recent Census estimates reported no residents of Aliso Viejo were employed in farming, fishing and forestry occupations2. While there are no farmworkers in the city, the Census of Agriculture estimated that there were approximately 1,772 farmworkers in Orange County as of 2017, of which 666 (38%) were seasonal (i.e., working 150 days or less per year). Any agricultural workers who choose to live in Aliso Viejo are eligible for any affordable housing programs and are not restricted by occupation.

Homeless Persons
The Orange County homeless population consists of working families and individuals.

Many live in cars, parks, under bridges, motels and in homeless shelters trying to maintain their dignity while they struggle to survive. As a result, most homeless remain hidden. The 2 American Community Survey 2014-2018
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most recent County of Orange “Point-in-Time” survey of the homeless population for which data is available was conducted in January 2019. That survey estimated that there were approximately 6,860 homeless persons in Orange County, of which 2,899 were sheltered and 3,961 were unsheltered3. Of those, one unsheltered person and no sheltered persons were reported in Aliso Viejo.

Regional strategies to combat homelessness are developed through Orange County’s Continuum of Care System. The goal of the Continuum of Care Strategic Plan is to work toward a seamless system of care through advocacy, homeless prevention, outreach and assessment, emergency shelter, transitional shelter and permanent affordable housing. The City of Aliso Viejo continues to participate in the Orange County Continuum of Care system and contributes to the regional effort by providing letters of support and participating in a survey of funding allocated for homeless services in the County. Table CP-14 identifies emergency shelters that located near Aliso Viejo.

Table CP-14
Nearby Homeless Shelters
Homeless Shelter Location
Cold Weather/Laguna Beach Laguna Beach
CSP Youth Shelter Laguna Beach
Friendship Shelter Laguna Beach
Interfaith Interim Housing Laguna Hills
Saddleback Community Outreach Laguna Hills
In addition, Aliso Viejo has developed housing programs outlined in this Housing Element to assist those who may experience homelessness. Provisions for accommodating emergency shelters are included in the Zoning Ordinance. Permanent emergency shelters are permitted by-right in the Business Park zoning districts, and transitional/supportive housing is a permitted use in all residential zoning districts. Housing Program 5, OCHA Special Needs Groups Rental Assistance Program (Shelter Care Plus), provides rental assistance to those with disabilities and experiencing homelessness. 3 County of Orange, 2019 Point in Time Final Report, July 30, 2019 (http://ochmis.org/wpcontent/uploads/2019/08/2019-PIT-FINAL-REPORT-7.30.2019.pdf) 483

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HOUSING STOCK
Aliso Viejo offers a wide variety of housing types to meet the needs of its current and future residents. According to the California Department of Finance, about 35 percent of Aliso Viejo’s housing stock consisted of single-family detached homes, 26 percent were single-family attached homes (townhouses), and 39 percent were multi-family apartments (Table CP-15).

Table CP-15
Housing Stock – Aliso Viejo and SCAG Region

HOUSING AGE AND CONDITION
Housing age may be an important indicator of housing condition within a community.

Housing is subject to gradual physical or technological deterioration over time. If not properly and regularly maintained, housing can deteriorate and discourage reinvestment, depress neighboring property values, and eventually impact the quality of life in a neighborhood.

Housing units in Aliso Viejo are relatively new when compared to the age of the region’s housing stock (Table CP-16). Over two-thirds of Aliso Viejo’s housing stock was constructed after 1990. A general rule in the housing industry is that structures older than 30 years begin to show signs of deterioration and require ongoing maintenance and repairs.

Therefore, based on age alone, less than 28 percent of the housing stock may require maintenance and rehabilitation to prevent significant deterioration. Based on observations of City code enforcement staff and building inspectors, it is estimated that there are approximately 50 housing units in need of minor repair and 5 units in need of major rehabilitation or replacement, Although the vast majority of housing units in Aliso Viejo are less than 30 years of age, and problems associated with age and deterioration are likely 484

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to be minimal, Housing Program 7, Code Enforcement, is designed to identify potential maintenance problems that could arise as the housing stock ages.

Table CP-16
Housing Units by Year Built – Aliso Viejo and SCAG Region

HOUSING TENURE AND VACANCY
Housing tenure and vacancy rates are important indicators of the supply and cost of housing. Housing tenure refers to whether a unit is owned or rented. Vacancies are an important housing market indicator in that the vacancy rate often influences the cost of housing and reflects the match between housing demand and availability.

Recent Census estimates reported that about 61 percent of Aliso Viejo residents owned the units they occupied as compared to about 53 percent for the SCAG region as a whole (Table CP-17). Tenure varied by age, with the majority of Aliso Viejo residents between the ages of 35 and 84 owning their home (Table CP-18).
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Table CP-17
Housing Tenure: Aliso Viejo and SCAG Region
Table CP-18
Housing Tenure by Age Group
A certain number of vacant units are needed to allow sufficient choice and mobilty for residents. Generally, a vacancy rate of 1.5 to 2 percent for ownership housing and 5 percent for rental housing is considered necessary to balance demand and supply for housing.

Recent Census vacancy estimates are shown in Table CP-19. Out of the total housing units in Aliso Viejo, there are approximately 19,078 occupied units, which equates to a 5.5% total vacancy rate.
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Table CP-19
Vacant Units by Type

HOUSING COSTS AND AFFORDABILITY
Housing Affordability Criteria
State law establishes five income categories for purposes of housing programs based on the area (i.e., county) median income (AMI): extremely-low (30% or less of AMI), very-low (31%-50% of AMI), low (51%-80% of AMI), moderate (81%-120% of AMI) and above moderate (over 120% of AMI). Housing affordability is based on the relationship between household income and housing expenses. According to HUD and the California Department of Housing and Community Development, housing is considered “affordable” if the monthly payment is no more than 30 percent of a household’s gross income. In some areas, such as Orange County, these income limits may be increased to adjust for high housing costs.

Table CP-20 shows affordable rent levels and estimated affordable purchase prices for housing in Orange County (including Aliso Viejo)4 by income category. Based on stateadopted standards, the maximum affordable monthly rent (including utilities) for 4-person extremely-low-income households is $1,009, while the maximum affordable rent for verylow-income households is $1,681. The maximum affordable rent for low-income households is $2,689, while the maximum for moderate-income households is $3,201.

Maximum purchase prices are more difficult to determine due to factors such as variations in mortgage interest rates, qualifying procedures, down payments, special tax assessments, homeowner association fees, and property insurance rates. With this caveat, the maximum 4 Affordable rent and purchase prices are based on county median income. 487

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home purchase prices by income category shown in Table CP-20 have been estimated based on typical conditions.

Table CP-20
Affordable Housing Costs – Orange County
Income Category Maximum Income Affordable Rent Affordable Price (est.) Extremely Low $40,350 $1,009 *
Very Low $67,250 $1,681 *
Low $107,550 $2,689 *
Moderate $128,050 $3,201 $500,000
Above moderate Over $128,050 Over $3,201 Over $500,000
Assumptions: Based on a family of 4 and 2021 State income limits; 30% of gross income for rent or principal, interest, taxes & insurance; 5% down payment, 4% interest, 1.25% taxes & insurance, $350 HOA dues Notes:
*For-sale affordable housing is typically at the moderate income level Source: Cal. HCD; JHD Planning LLC
For-Sale Housing
Sales price statistics for existing homes during 2000-2018 are shown in Table CP-21. Based on the estimated affordable purchase prices shown in Table CP-20 above, the majority of homes in Aliso Viejo are only affordable for above-moderate income households. These data illustrate that public subsidies are generally required to reduce sales prices to a level that is affordable to lower-income buyers.

Table CP-21
Median Sales Price for Existing Homes: Aliso Viejo and SCAG Region 488

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Rental Housing
As described previously in the discussion of income and overpayment, a substantial proportion of renters in Aliso Viejo fall within the lower-income categories. As a result, trends in rental rates have a major impact on these residents. Among Aliso Viejo's renter households, about 52 percent spend 30 percent or more of gross income on housing cost, compared to 55 percent in the entire SCAG region. Additionally, about 25 percent spend 50 percent or more of gross income on housing cost, compared to 29 percent in the SCAG region (Table CP-22). According to a recent internet survey5 monthly rental rates in Aliso Viejo range from $2,200 for 1-bedroom apartments to $5,000 for single-family homes.

Table CP-22
Spending on Rent

AT RISK RENTAL HOUSING
Existing housing that receives governmental assistance is often an important source of affordable housing in many communities. This section identifies the publicly assisted rental housing in Aliso Viejo, and evaluates the potential to convert to market rates during the ten-year period 2021 to 2031.

Assisted Housing Inventory
Aliso Viejo has four assisted multi-family housing developments that provide 548 affordable housing units (Table CP-23). No lower-income rent-restricted units are at risk of converting to market-rate rents during the period of 2021 to 2031. As affordable housing opportunities are expanded in the future, the City will monitor the status, notify residents of potential conversion, and pursue options to preserve the units (Housing Program 8, Conservation of Existing and Future Affordable Units).
5 www.rent.com, October 2021
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Table CP-23
Inventory of Assisted Rental Housing
Project Name Assisted Units Funding Source(s)
Earliest Date of
Conversion At Risk?
Vantis 20 2044 No
Woodpark Apartments 128 LIHTC 2050 No
Vintage Aliso 202 LIHTC 2072 No
Liberty at Aliso 198 LIHTC 2074 No
Total 528

LOW- AND MODERATE-INCOME HOUSING IN THE COASTAL
ZONE
The western edge of the city is within the Coastal Zone. Government Code Section 65590 et seq. prohibits conversion or demolition of existing residential dwelling units occupied by low- or moderate-income persons or families unless provision has been made for the replacement in the same city or county of those dwelling units with units for persons and families of low- or moderate-income (excludes structures with less than 3 units, or less than 10 units for projects with more than one structure, among other exclusions).

Section 65590(d) further requires new housing development in the Coastal Zone to provide housing units for persons and families of low or moderate income, or if not feasible, to provide such units at another location within the same city or county, within the Coastal Zone or within three miles thereof.

Prior to the incorporation of Aliso Viejo in 2001, 478 housing units were permitted by the County within the portion of the Coastal Zone that is now part of the City. The County allowed for the construction of the units at market rate and there are currently no affordable units located in that area of the City. There have been no residential units demolished or converted within the Coastal Zone since City incorporation in 2001.

AFFIRMATIVELY FURTHERING FAIR HOUSING
The Fair Housing Act of 1968 requires HUD and its program participants to administer housing and urban development programs in a manner that does not discriminate directly or indirectly based on race, color, religion, sex, national origin, age, familial status, or disability. The Fair Housing Act not only prohibited discrimination in housing-related activities and transactions but also requires entities to affirmatively further fair housing.

The Analysis of Impediments (AI) to Fair Housing Choice is the primary policy document utilized by HUD grantees for this purpose. HUD encourages jurisdictions to consult with one another and initiate metropolitan-wide planning to address impediments to fair housing choice.
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The Orange County AI was prepared as a collaborative effort between Aliso Viejo, Anaheim, Buena Park, Costa Mesa, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, Laguna Niguel, La Habra, Lake Forest, La Palma, Mission Viejo, Orange, Rancho San Margarita, San Clemente, San Juan Capistrano, Santa Ana, Tustin, Westminster, and the County of Orange. Although the AI addressed county-wide issues, there are also goals specific to each jurisdiction.

Orange County’s AI is a thorough examination of structural barriers to fair housing choice and access to opportunity for members of historically marginalized groups protected from discrimination by the federal Fair Housing Act (FHA). The AI also outlines fair housing priorities and goals to overcome fair housing issues. In addition, the AI lays out meaningful strategies that can be implemented to achieve progress towards the County’s obligation to affirmatively furthering fair housing. The Lawyers’ Committee for Civil Rights Under Law (Lawyers’ Committee), in consultation with Orange County jurisdictions and with input from a wide range of stakeholders through a community participation process, prepared the AI.

In addition to participation in the AI, the City has completed the following fair housing outreach and analysis.

Outreach
As discussed in the Housing Plan, the City held a total of two public meetings during the Housing Element update in an effort to include all segments of the community. Each meeting was publicized on the City’s website and meeting notices were also sent to persons and organizations with expertise in affordable housing and supportive services. Interested parties had the opportunity to interact with City staff throughout the Housing Element update process and provide direct feedback regarding fair housing issues. In addition, as part of the public outreach efforts, an online survey was conducted regarding housing needs in the community, and the City promoted interest in the Housing Element update with a booth at the local farmers market.

The City also created a dedicated web page for the Housing Element update (https://avcity.org/371/Housing-Element) and provided opportunities for interested persons to participate remotely, which made it possible for those with disabilities limiting their travel to participate and comment on the Housing Element regardless of their ability to attend the meetings.

Assessment of Fair Housing
The following analysis examines geographic data regarding racial segregation, poverty, persons with disabilities, and areas of opportunity as identified by the TCAC/HCD Opportunity Areas map.
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Racial segregation. As seen in Figure CP-1, the percentage of non-white population in the city is similar to the adjacent areas and does not indicate any patterns of racial/ethnic concentration in the city.

Poverty. Recent Census estimates regarding poverty status of households in Aliso Viejo are shown in Figure CP-2. As seen in this map, there are no concentrations of poverty and the poverty rate is less than 10% for all Census tracts in the city.

Persons with disabilities. The incidence of disabilities is relatively low in Aliso Viejo compared to some areas of Southern California. As shown in Figure CP-3, the percentage of residents reporting a disability is less than 10% in the majority of the city, while the disability rate is 10% to 20% in some portions of the city.

Access to opportunity. According to the 2020 California Department of Housing and Community Development (HCD) and the California Tax Credit Allocation Committee (TCAC) Opportunity Area Map (Figure CP-4), most areas of Aliso Viejo are within designated “High Resource” or “Highest Resource” areas. High Resource areas are areas with high index scores for a variety of educational, environmental, and economic indicators. Some of the indicators identified by TCAC include high levels of employment and close proximity to jobs, access to effective educational opportunities for children and adults, low concentration of poverty, and low levels of environmental pollutants, among others.

Conclusion
This analysis shows that the primary barrier to fair housing in the city is high housing cost, which has the effect of limiting access by lower-income households to the high opportunities and resources available in Aliso Viejo. There is no evidence to suggest that discrimination against racial groups or persons with disabilities is a major issue.

The Housing Plan includes several programs to encourage and facilitate affordable housing development, as well as the provision of accessory dwelling units, which can expand affordable housing opportunities for lower-income persons such as caregivers, household employees, and others working in service occupations. Program 11 describes actions the City will take to affirmatively further fair housing and address any issues of housing discrimination that may arise.
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Figure CP-1
Racial Characteristics
Source: California Department of Housing and Community Development, AFFH Data Viewer, 2021 493

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Figure CP-2
Poverty Status
Source: California Department of Housing and Community Development, AFFH Data Viewer, 2021 494

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Figure CP-3
Disabilities
Source: California Department of Housing and Community Development, AFFH Data Viewer, 2021 495

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Figure CP-4
TCAC/HCD Opportunity Map
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C.2 RESOURCES AND OPPORTUNITIES
This section analyzes the resources and opportunities available for the development, rehabilitation, and preservation of housing in Aliso Viejo. This analysis includes an evaluation of the availability of land resources for future housing development, financial resources available to support housing activities, administrative resources available to assist in implementing the housing programs, and opportunities for energy conservation.

NEW HOUSING NEEDS
In March 2021 the Southern California Association of Governments (SCAG) adopted the 2021 -2029 Regional Housing Needs Assessment (RHNA) Plan, which assigns a share of the region’s future housing need to each jurisdiction in the region. State law requires each community to demonstrate that it has sufficient land with appropriate zoning and development standards to accommodate its assigned housing need. Prior to the City’s incorporation in 2001, residential development was subject to the County of Orange Inclusionary Zoning requirements. These requirements stipulated that 25 percent of all units developed in the Aliso Viejo Planned Community would be affordable to low- and moderate-income residents for a period of five years. With 5,823 affordable units developed (2,528 low-income and 3,295 moderate-income units - well above the 25 percent requirement), the County certified the community’s compliance with its inclusionary requirements on July 6, 2001.

The City of Aliso Viejo has not adopted an inclusionary housing requirement; however, the City has been able to negotiate with individual developers to incorporate affordable housing into their developments. As an example, the latest project, a 435-unit apartment complex provided 38 affordable rental units.

For the 2021 through 2029 RHNA projection period, the City has been allocated a new housing need of 1,195 dwelling units, distributed by income category as shown in Table CP-24. It should be noted that SCAG did not include the extremely-low-income category when the RHNA was prepared. The need in the extremely-low-income need has been estimated to be half of the very-low category as allowed by state law.

Table CP-24
Regional Housing Needs 2021-2029 – Aliso Viejo
Very Low* Low Moderate Above Moderate Total
390 214 205 386 1,195
Source: SCAG 2021.
*Includes assumption of 195 extremely-low-income units
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RESIDENTIAL SITES INVENTORY
State law requires cities to identify adequate sites with appropriate zoning to accommodate the growth assigned new housing need for the planning period. Table CP-25 Section C.5 includes an analysislists of sites in the city with land use designations that allow additional residential development based on current zoning designations.

Table CP-25 shows that there are currently insufficient residential sites to accommodate the City’s RHNA allocation for all income categories. To accommodate this shortfall, the Housing Element includes Program 1, Adequate Sites for New Housing to amend General Plan and zoning designations for sufficient sites to be selected from the sites listed in Table CP-26 to accommodate the RHNA allocation. Maps showing these candidate sites are provided in Attachment C-1.
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Table CP-25
Residential Land Inventory
Site General Plan Zoning Acreage Density
Units by Income Category
Total
VL Low Mod Units
Above
Mod
The Commons at Aliso Viejo Town Center –
Towers Planning Area
CBO – The Commons at
AV Town Center
SP No. 2 -
Commons

4.1 34.1 units/acre 7* 14 119 0 140
Potential ADUs 10 17 12 1 40
Totals 4.1 17 31 131 1 180
Housing Need 2021-2029 360 214 205 386 1,195
Adequate Sites? (Shortfall) (343) (183) (74) (385) (1,015) Notes:
* Deed-restricted units
Table CP-26Table CP-25
Candidate Parcels for Rezoning
Site Existing General Plan Existing
Zoning
Existing
Uses Acreage Potential Units
1 Columbia Business Park BP-2 Office 2 60-100
41 Columbia Business Park BP-2 Office 2 60-100
35 Journey Business Park BP-1 Office 2 60-100
26800-26880 AV Pkwy Business Park BP-1 Office 7 210-350 The Commons High Density Residential/
Community Commercial SP-2 Parking lot 21 630-1,050
AVTC Gateway Community Commercial CT Parking lot 6 300
TOTALS 40 1,320-2,000
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FINANCIAL RESOURCES
Affordable Housing In-Lieu Fees
The City allows developers to pay fees in lieu of providing affordable units with the fees deposited to a housing fund. Funds collected to date were spent to assist the 200-unit senior affordable project at 100 Freedom Lane (formerly 4 Liberty) and for the purchase of an affordable unit at 35 Playa Circle. As part of the 100 Freedom development, City inlieu fees were used to subsidize 50 very-low-income units. The unit at 35 Playa Circle was leased to Family Assistance Ministries (FAM) for $1 per year. FAM has placed a family in the unit. The in-lieu fee program has been successful to date. While all funds have been expended, the monies helped to construct 50 affordable units and purchase an additional standalone affordable unit. Moving forward the City will continue its efforts to collect inlieu fees and adjust the fees accordingly based on land values.

Low Income Housing Tax Credits (LIHTC)
Created by the 1986 Tax Reform Act, the LIHTC program has been used in combination with other resources to encourage the construction and rehabilitation of rental housing for lower-income households. The program allows investors an annual tax credit over a tenyear period, provided that the housing meets minimum low-income occupancy requirements. The tax credit is typically sold to large investors at a syndication value.

Housing Choice Voucher (Section 8) Program
The Housing Choice Voucher (Section 8) program is a federal program that provides rental assistance to very-low-income persons in need of affordable housing. This program offers a voucher that pays the difference between the fair market rent and 30 percent of their income. The voucher allows a tenant to choose housing that may cost above the payment standard, but the tenant must pay the extra cost. The Orange County Housing Authority (OCHA) administers the Section 8 Voucher Program for Aliso Viejo. As of 2021, approximately 131 households in Aliso Viejo were receiving vouchers.

OPPORTUNITIES FOR ENERGY CONSERVATION
Utility-related costs can directly impact affordability of housing in Aliso Viejo. By promoting and expanding opportunities for energy conservation, the City can indirectly alleviate housing cost burden and improve housing affordability in the community.

Opportunities for energy conservation in Aliso Viejo include continued implementation of State Title 24 building construction standards, complying with Energy Star conservation standards, and considering appropriate building orientation and landscaping during the development/design review process through implementation of the Zoning Ordinance.

The City requires a minimum of 50 percent of the landscaping to be drought tolerant in new development within Aliso Viejo.
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In addition to the numerous environmental benefits discussed in the Conservation/Open Space Element, energy conservation measures implemented by the City can significantly reduce the cost of utilities to community households, thereby reducing housing cost burden and improving overall housing affordability in Aliso Viejo. In 2014 the City adopted a Green Building Program that offers incentives such as expedited processing and/or fee waivers when project proponents agree to incorporate environmentally sensitive sustainable and energy efficient construction techniques into their projects. The City currently offers a 25% permit fee waiver for residential solar thermal system installation.

Daytime interior lighting costs can be significantly reduced or eliminated with the use of properly designed and located skylights, which can be easily installed at reasonable expense in existing houses, thereby substantially reducing electricity costs and energy consumption.

Solar energy is a practical, cost effective, and environmentally sound way to heat and cool a home.
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C.3 CONSTRAINTS ANALYSIS
Aliso Viejo strives to provide a variety of housing opportunities for current and future residents. However, a variety of factors can constrain the development, maintenance, and improvement of housing. These include market mechanisms, government codes, and physical and environmental constraints. This section addresses these potential constraints that affect the supply and affordability of housing in Aliso Viejo.

MARKET CONSTRAINTS
Land costs, construction costs, and market financing contribute to the cost of housing reinvestment, and can potentially hinder the production of new housing. Although many constraints are driven by market conditions, jurisdictions may have some leverage in instituting policies and programs to address such constraints. The section below analyzes these market constraints as well as the activities that the City undertakes to mitigate their effects.

Development Costs
Construction costs vary widely according to the type of development, with multi-family housing generally less expensive to construct than single-family homes. However, wide variation within each construction type exists depending on the size of the unit and the number and quality of amenities provided, such as fireplaces, swimming pools, and interior features among others. The City has no influence over materials and labor costs, and the building codes and development standards in Aliso Viejo are not substantially different than most other cities in Orange County. Construction costs for materials and labor have increased at a higher pace than the general rate of inflation. In addition, as the supply of buildable vacant land is exhausted, housing development must occur on underutilized land, adding the expense of demolition to the total cost of development. The International Code Council estimated that the average construction cost for good-quality housing was approximately $131 per square foot for single-family homes and $119 per square foot for multi-family housing; however, costs can significantly exceed these amounts depending on a variety of factors.

Cities have little control over materials and labor costs; however, Housing Programs 1, Adequate Sites for Affordable Housing can reduce the cost of development for projects by assuming the cost of amending the General Plan and Zoning designations to allow for additional residential development. Furthermore, as described in Housing Program 2, Facilitate the Provision of Affordable Housing, assistance to non-profit developers of affordable developments can also offset the cost of development. 503

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Land Costs
The cost of raw land typically accounts for a large share of total housing production costs.

Land costs may vary depending on whether the site is vacant or has an existing use that must be removed. Similarly, site constraints such as environmental issues (e.g., steep slopes, soil stability, seismic hazards, or flooding) can be a factor driving up the cost of developable land.

Prices also vary depending on density, proximity to the coast and neighborhood characteristics. Recent asking prices for developable land in Aliso Viejo have been in excess of $1 million per acre. Higher density reduces per-unit land costs. Aliso Viejo is a relatively high-density community in comparison to other cities in southern Orange County, and as noted previously, approximately 65 percent of the housing stock is attached housing, either condo or apartments. Therefore, although the price of land is expected to comprise a significant portion of the cost of housing, the City’s zoning regulations allowing densities up to 50 units per acre serves to ameliorate this factor.

Cost and Availability of Financing
Aliso Viejo is typical of Southern California communities with regard to the availability of home financing and interest rates. In recent years, mortgage interest rates have been very low by historic standards, resulting in increased affordability for home purchasers with good credit.

GOVERNMENTAL CONSTRAINTS
Local policies and regulations can impact the price and availability of housing and, in particular, the provision of affordable housing. Land use controls, site improvement requirements, fees and exactions, permit processing procedures, and other factors may constrain the maintenance, development, and improvement of housing.

Land Use Controls
Nearly all of the land in Aliso Viejo has either been developed or is permanently preserved for open space or recreation. The City was designed as a balanced planned community and the Land Use Element designates approximately 1,500 acres, or 40 percent of the City’s land area, for a wide variety of residential uses to ensure adequate housing opportunity for its residents. The distribution of residential uses specified in the Land Use Element is depicted on the Land Use Policy Map and includes:
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❖ Very Low Density Residential (VLDR) – maximum 5 units per acre ❖ Low Density Residential (LDR) – maximum 8 units per acre ❖ Medium Density (MDR) – maximum 18 units per acre
❖ High Density (HDR) – maximum 30 units per acre
❖ Very High Density Residential (VHDR) – up to 50 units per acre VLDR and LDR uses account for 45 percent of all residential uses in Aliso Viejo, while MDR constituted 33 percent. HDR uses are 20 percent of the overall residential mix and the remaining 2 percent is comprised of VHDR uses.

Residential Development Standards
Most of Aliso Viejo is built out and the community has very few opportunities for new development. The City is comprised of portions of two master-planned communities: Aliso Viejo Planned Community and the Rossmoor Leisure World Planned Community. The area in northern Aliso Viejo that was part of the Rossmoor Leisure World Planned Community represents a small percentage of the City’s land. There are no opportunities for new development in this area and the potential for redevelopment is low as existing uses are in good condition. There are limited opportunities for new development and redevelopment in the remaining portions of the City that were part of the Aliso Viejo Planned Community.

The portion of the city within the Aliso Viejo Planned Community (PC) was originally regulated by the Aliso Viejo Planned Community Development Plan and Supplemental Text, approved by the County of Orange prior to the City’s incorporation in 2001. Upon incorporation, the City adopted the existing County PC regulations. In 2008 the City adopted a new Zoning Code that superseded the original PC regulations and established development standards for residential land uses. Effective February 19, 2010 the residential development standards were amended, as summarized in Table CP-26. The purpose and density of each residential district is as follows:
❖ RL Residential - Low Density District. To provide for the development and preservation of low-density neighborhoods with single-family detached or attached residences and condominiums. Maximum density is 8 units per gross acre.
❖ RM Residential - Medium Density District. To provide for the development and preservation of medium-density neighborhoods containing detached and attached single-family homes on smaller lots, duplexes, townhomes, apartments, and condominiums. Each project will have ample common open space and recreation facilities. Maximum density is 18 units per gross acre. ❖ RH Residential - High Density District. To provide for the development and preservation of high-density neighborhoods consisting primarily of attached and multiple dwelling units such as townhomes, apartments, condominiums, and senior housing. Each project will have ample common open space and recreation facilities. Maximum density is 30 units per gross acre. 505

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❖ RVH Residential - Very High Density District. To provide for the development and preservation of very-high-density neighborhoods consisting primarily of multiple dwelling units such as apartments, condominiums, and senior housing.

Each project will have ample common open space and recreation facilities.

Maximum density is 50 units per gross acre.
❖ PRD Planned Residential Development Overlay District. This is an overlay district which is to be combined with one of the residential base districts described above. The PRD overlay district provides for the development and preservation of planned unit developments with attached homes, detached homes, or a mixture of both. Each project will have ample common open space and recreation facilities. Setbacks and other development standards are to be tailored specifically to each project.

Table CP-27Table CP-26
Residential Development Standards
RL
RM RH RVH PRDc Single-Family
Detached
Single-Family
Attached
Height and Area Standards
Maximum structure height a 35 feet, maximum 2 stories
(lofts do not count as a separate
story)
35 feet 45 feet 65 feet
Same as
base district
Building site area, min. (sq/ft) 3,000 5,000 5,000 5,000 Building site coverage for entire
project at initial development
No maximum 60% 60% 60%
Min. Common Open Area (in
addition to boundary
landscaping), subject to sec.

15.14.120
n/a
25% 25% 25%
Minimum Building Setbacks b
Front 10 feet 10 feet For singlefamily
detached and
attached:
same setbacks
as RL;
otherwise, n/a
n/a n/a
As
approved
for each
project
Side
10 ft. for one
side only; or 10
ft. aggregate for
both sides
0 ft. on attached
side; 10 ft. on
open side
Rear 10 feet 10 feet
Minimum Perimeter Setback n/a n/a 20 feet 20 feet 20 feet d 20 feet d 506

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Landscaping
Minimum Boundary Landscaping,
subject to sec. 15.14.120 n/a n/a For multifamily, 15 feet min., 20 feet min. avg.

Minimum Parking Lot
Landscaping n/a Min. 4% of parking lots serving 10 or more cars shall be landscaped in addition to boundary landscaping.

Drought Tolerance n/a Min. 50% of landscaping must be drought tolerant.

Source: Aliso Viejo Zoning Code, 2013
a See Chapter 15.30 for additional provisions regarding height limits. b Setbacks are measured from ultimate street right-of-way line. Also, setbacks are subject to the provisions of sec. 15.14.040 (Encroachments into Setbacks).
c The PRD standards shown are for projects approved after the effective date of this Code. For projects approved prior to the effective date of this Code, setbacks and other development standards shall be as established by the buildings as they exist on the effective date of this Code.
d All min. perimeter setbacks shall be increased 1 foot for every foot in height above 35 feet Community Benefit Overlay (CBO)
The City’s General Plan identified several areas in which alternative standards could be used to maximize development in certain areas. For each CBO area, the General Plan identifies the most intensive future use scenario while also allowing for up to two alternatives to allow for flexibility. All of the CBO areas have been developed except for the Enterprise/Aliso Creek Road CBO which lies in the Commons at Aliso Viejo Town Center. This is the area that was approved through Specific Plan for the Towers development.

Parking Standards
Overly stringent parking standards may pose a constraint to housing development and reduce the viability of potential affordable housing projects by reducing the number of units that can be built. The City’s parking standards are contained in Chapter 15.50 of the Zoning Code and are shown in Table CP-27 below. As noted in this table, required parking for multi-family units may be provided in a garage or a carport. Reduced parking requirements are available for qualifying projects such as when affordable units are provided. The City’s parking standards are generally in line with HCD’s Building Blocks provided to local jurisdictions for guidance on parking requirements. The difference being that the City’s standards are per unit and not per bedroom count for single family homes.

For multifamily apartments there is a per-bedroom requirement that is slightly higher than that recommended by the Building Blocks due to the lack of public transportation in the area. The number of spaces required in multifamily apartments ranges from 1.5 to 2.5 spaces per unit, which is 0.25 to 0.75 spaces more than the Building Blocks recommendation. However, the City will be updating its standards and moving to a bedroom count to more closely reflect parking need based on size and number of bedrooms in the unit.
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Table CP-28Table CP-27
Parking Requirements by Use
Land Use Minimum Off-Street Parking Requirement Additional Requirements Single family detached and single
family attached
2 spaces per unit in a garage plus 1 space for
any second dwelling unit (which may be a
tandem driveway space, subject to §15.14.080)
Plus 0.5 off-street guest spaces per unit if
there is no on-street parking in front of the
units. Each garage space shall have
minimum unobstructed interior
dimensions of 10 ft. x 20 ft.

Multifamily dwellings, townhomes 2 spaces per unit in a garage Multifamily dwellings, apartments
(either rental or condominium):

Studio:
1 bedroom:
2 bedrooms or more bedrooms:
1 covered space per unit

1.2 covered spaces per unit
2 covered spaces per unit
Plus 0.5 guest spaces per unit, with
parking distributed so that all units are
within 150 feet of the resident's assigned
or reasonably available parking space
and within 150 feet of the nearest
designated guest space.

Affordable housing (Ch. 15.58):

Studio to 1 bedroom:
2-3 bedrooms:
4 or more bedrooms:
1 space per unit
2 spaces per unit

2.5 spaces per unit
Spaces may be tandem or uncovered.

Live/work and other mixed use
developments
2 spaces per unit in a garage plus the spaces
required for the nonresidential uses per this
chapter; or as required in applicable specific
plan
Each garage space shall have minimum
unobstructed interior dimensions of 10 ft.
x 20 ft.

Mobilehome parks 2 covered spaces per unit, which may be in tandem, plus 0.5 guest spaces per unit
Single-room occupancy housing 1 space per dwelling unit Boarding or rooming houses 1 space per sleeping room
Managed care: assisted living,
congregate care facilities, and other
senior group housing (age restricted)
1 space per dwelling unit; or

0.5 spaces per bed in dormitory housing
If the number of beds is uncertain at the
time of City review, the requirement shall
be 0.5 spaces per each 100 sq/ft of
Managed care: convalescent homes sleeping area 0.5 spaces per bed Homeless and emergency shelters 0.3 spaces per bed* If the number of beds is uncertain at the time of City review, the requirement shall
be 0.3 spaces per each 100 sq/ft of
sleeping area
Transitional and supportive housing 1 space per dwelling unit; or

0.3 spaces per bed in dormitory housing
Alcoholism or drug abuse recovery
facilities and residential care facilities;
all for 6 or fewer persons
As required for the single family or multifamily
dwelling unit in which the facility is located
*See Program 10 in the Housing Plan
Impact of Land Use Controls
The City has traditionally not placed over-regulatory burdens on land use development, specifically for residential units. There are no development impact fees or exactions adopted as part of the code nor have developers found it difficult to meet parking and landscaping ratios. In two recent cases modifications to development standards were approved for the two affordable housing projects approved at 100 Freedom Lane, which provided 198 and 200 units of affordable housing. A reduction in required parking was approved for these projects, resulting in additional units. However, there have been numerous complaints from area residents regarding the lack of adequate parking. This is 508

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something that the property owner/manager have been working to address. The 435-unit apartment development at Vantis, on the other hand, was able to provide the required parking through a structure as a podium project. This is a market-rate project with 38 affordable units provided. As noted above, the City will evaluate and adopt new parking standards to more closely reflect need based on unit size/bedroom count.

Condominium Conversions
Chapter 15.54 of the Zoning Code addresses the conversion of affordable units to ownership (condominium) units. The chapter includes a variety of provisions that are intended to preserve affordable housing opportunities, create additional affordable housing, and ensure that any housing stock that may be approved for an ownership opportunity be evaluated for compliance with construction and housing codes to ensure that the units are safe, sanitary, and livable. Primary features of the chapter include a requirement of an apartment vacancy rate of more than 5 percent unless mitigating circumstances are found by the City Council. The chapter also requires that 15 percent of converted units be affordable to very-low- and low-income households, as well as a requirement to provide tenant relocation assistance. All affordable units are required to be sold with an affordability covenant that restricts the sale of the unit to a low-income or very-low-income buyer in accordance with the terms set forth in Subchapter 2 of Chapter

6.5 of Division 1 of Title 25 of the California Code of Regulations.

Affordable Housing Incentives
Chapter 15.58 of the Zoning Code contains regulations and procedures for approval of a density bonus as well as additional incentives for affordable or senior housing. AB 2345 of 2019 amended State law to revise density bonus incentives that are available for affordable housing developments. Program 2 is included in the Housing Plan to update the City’s density bonus regulations in conformance with State law.

Accessory Dwelling Units
Section 15.14.080 of the Zoning Code contains regulations and procedures for approval of accessory residential units (ADUs) and junior accessory dwelling units (JADUs). Program 11 in the Housing Plan includes a provision to monitor changes to State law and update City regulations as necessary to ensure consistencyThis section of the Code is consistent with current State law.

Provision for a Variety of Housing
A balanced community must offer a range of housing options for all economic segments of the population. This includes single-family housing, multi-family housing, factory-built or manufactured housing, mobile homes, reasonable accommodation in housing for persons with disabilities or special needs, emergency shelters, and transitional housing among others. Permitted residential land uses are summarized in Table CP-28. 509

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Table CP-29Table CP-28
Permitted Residential Land Uses by District
Residential Uses
RL
Low Density
Residential
RM
Med. Density
Residential
RH
High Density
Residential
RVH
Very High
Density Res.

Single-family dwellings, detached P P NP NP
Single-family dwellings, attached P P P P
Multifamily dwellings NP P P P
Single-room occupancy housing NP P P P
Boarding and rooming houses NP C C C
Individual manufactured homes including mobilehomes on single family lots, subject to sec. 15.14.100

P P NP NP
Mobilehome parks and developments, subject to sec. 15.14.100 C C C C Alcohol or drug abuse recovery or treatment facilities that are licensed by the State for up to six persons

P P NP NP
Homeless and emergency shelters1 NP C C C
Transitional and supportive housing P P P P
Accessory dwelling units subject to AVMC Sec. 15.14.080 A A NP NP Guest houses, subject to AVMC Sec. 15.14.090 A A NP NP
P=permitted C=conditionally permitted A=accessory use NP=not permitted

1. Emergency shelters are permitted in the BP-1 and BP-2 zones by-right Multi-Family Units: Multi-family residential is a permitted use with a Site Development Permit for the site and architectural design in the RM, RH, and RVH zoning districts (Table CP-26), although most of the land within these areas has already been built out. Future multi-family development can be achieved on the few remaining vacant properties with a change of zoning and general plan designation.

Manufactured Housing: Manufactured housing offers an affordable homeownership option to many low- and moderate-income households. In accordance with State law, the City of Aliso Viejo allows individual manufactured housing by right in the RL and RM residential zones providing these units are built to meet the California Building Code in accordance with applicable factory-built regulations.

Agricultural Employee Housing: As discussed previously in the Housing Needs Assessment, recent Census estimates reported no residents of Aliso Viejo were employed in farming, fishing and forestry occupations. Commercial agriculture is not permitted in any zoning district. The City’s overall efforts to provide and maintain affordable housing opportunities will help to support any agricultural employees in other areas that may choose to reside in Aliso Viejo. In addition, Program 10 includes a Zoning Code amendment to allow agricultural employee housing for six or fewer employees as a single-family structure and permitted in the same manner as other dwellings of the same type in the same zone consistent with the Employee Housing Act (Health and Safety Code §17021.5).

Residential Care Facilities: Residential care facilities can be described as any family home, group care facility, or similar facility for 24-hour non-medical care of persons in need of 510

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personal services, supervision, or assistance essential for sustaining the activities of daily living. The Zoning Ordinance includes definitions for residential care facilities but does not identify any zones where such facilities are permitted. The Zoning Ordinance defines ”Health facilities” as “a facility, place or building that is organized, maintained, and operated for the diagnosis, care, prevention, and treatment of human illness, physical or mental, including convalescence and rehabilitation and including care during and after pregnancy, or for any one or more of these purposes, for one or more persons, to which the persons are admitted for a 24-hour stay or longer” consistent with California Health and Safety Code §1250. Health facilities are allowed subject to a CUP in the Professional Office and Business Park-1 districts.

Alcoholism or drug abuse recovery or treatment facilities that are licensed by the State for a maximum capacity of six or fewer persons are permitted in all residential zoning districts consistent with State law.

Housing for Persons with Disabilities: Both the Fair Housing Act and the California Fair Employment and Housing Act require local governments to make reasonable accommodation (i.e., modifications or exceptions) in their zoning laws and other land use regulations when such accommodations may be necessary to afford persons with disabilities an equal opportunity to use and enjoy a dwelling. For example, it may be a reasonable accommodation to waive a setback requirement so that a paved path of travel can be provided to residents who have mobility impairments. A similar waiver might not be required for a different type of group home where residents are not physically disabled.

Whether a particular modification is reasonable depends on the facts, and must be decided on a case-by-case basis. Chapter 15.66 of Tthe Zoning Code includes establishes procedures for ensuring reasonable accommodation, including timeframes for decision making, and provision for relief from various land use, zoning, or building regulations that may constrain the housing for persons with disabilities.

Notice of the availability of reasonable accommodation and application forms are prominently displayed at the City’s public counter advising the public of the availability of the procedure for individuals with disabilities. After submittal of a reasonable accommodation request, the Director of Planning reviews the application and issues a decision within 30 days. The Director’s decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following findings, all of which are required for approval:

1. The housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws.

2. The requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws.

3. There are no alternatives which may provide an equivalent level of benefit. 511

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4. The requested accommodation would not impose an undue financial or administrative burden on the city.

5. The requested accommodation would not require a fundamental alteration in the nature of the City’s land use, zoning or building policies, practices or procedures.

6. The requested accommodation will not result in a direct and significant threat to the health or safety of other individuals or substantial physical damage to the property of others.

Within 10 days of the Director’s decision, an applicant may appeal the decision to the City Council. Upon request, the City will provide assistance to an individual needing assistance in filing an appeal to ensure that the appeals process is accessible to individuals with disabilities.

These procedures are consistent with fair housing law and do not pose a constraint on persons with disabilities. In recent years the City has typically processed about one reasonable accommodation request per year.

Definition of Family: The Zoning Code defines Family as “one or more related or unrelated persons occupying a dwelling unit and operating as a single housekeeping unit. “Family” does not include occupants of a fraternity, sorority, boarding house, short-term rental, lodging house, club, motel, or any other type of transitory lodging.” This definition is consistent with applicable law and does not pose a constraint to persons with disabilities.

Emergency Shelters and Transitional/Supportive Housing: Emergency shelters can be defined as charitable or public service facilities that provide temporary 24-hour shelter services to the homeless. The Zoning Ordinance allows emergency shelters by-right, without discretionary action, in the Business Park 1 and Business Park 2 districts. The BP districts encompass approximately 240 acres conveniently located with access to transit and services required by homeless persons. The primary purpose of the BP-1 district is to provide business and employment-generating development, including a range of light industrial uses and supporting offices and services consistent with the General Plan business park designation. The primary purpose of the BP-2 district is to provide for a wide range of industrial, research, manufacturing, storage, and warehouse uses that may not be desirable in the BP-1 district. Development standards for emergency shelters are the same as for other uses in the BP-1 and BP-2 zonesdesigned to permit a variety of uses including community facilities and limited service and retail offices. There are no hazardous conditions that are inappropriate for human occupancy in these areas. As noted previously in the analysis of special needs, the most recent point-in-time survey (2019) identified one unsheltered person in Aliso Viejo. Approximately twelve developed parcels with vacant or underutilized space that could accommodate emergency shelters are located within the BP 512

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districts, providing more than sufficient capacity to accommodate shelters to address this need.

Low Barrier Navigation Centers: In 2019 the State Legislature adopted AB 101 establishing requirements related to local regulation of low barrier navigation centers, which are defined as “Housing first, low-barrier, service-enriched shelters focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.” Low Barrier means best practices to reduce barriers to entry, and may include, but is not limited to:
(1) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth (2) Accommodation of residents’ pets
(3) The storage of possessions
(4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms
Low barrier navigation centers meeting specified standards must be allowed by-right in areas zoned for mixed use and in nonresidential zones permitting multi-family uses.

Program 10 is included in the Housing Plan to update City regulations consistent with State law.

Transitional/Supportive Housing: Transitional housing is a type of rental housing used to facilitate the movement of homeless individuals and families to permanent housing.

Transitional housing may include case management and support services to return people to independent living as soon as possible, typically between 6-24 months. Supportive housing offers support services to residents who may have longer-term disabilities.

Transitional/supportive housing can take several forms, including group quarters with beds, single-family homes, and multifamily apartments. The Zoning Code specifies that Transitional / Supportive Housing is a residential use that is subject only to the same regulations that apply to other residential uses of the same type in the same zone in compliance with SB 2. In 2018 AB 2162 amended State law to require that supportive housing be a use by-right in zones where multi-family and mixed uses are permitted, including non-residential zones permitting multi-family uses, if the proposed housing development meets specified criteria. Program 10 is included in the Housing Plan to update City regulations consistent with State law.

Planning and Development Fees
Planning and development fees can increase the cost of housing and pose a constraint to the development of affordable housing projects (see Table CP-29). While fees affect the cost of housing, they are necessary for the City to continue providing essential planning and building services, and do not exceed the actual cost of providing these services. Actual 513

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processing costs reflect a 100 percent cost recovery system. The only development impact fees that have been collected in the City are for projects with a development agreement.

A multi-family project with a site development permit does not require a development agreement unless the developer requests such agreement. As of 2021, the fees to develop a typical single-family unit within a development (example: 2,150-square-foot house with 504-square-foot garage) and multi-family unit (10,142-square-foot 7-plex with 3,190- square-foot garage) without a subdivision or development agreement are as follows:

Table CP-30Table CP-29
Planning and Development Fees
Permit Process
Single Family Development1
(per unit) Multifamily Development2
Planning: Site Development Permit Site Development Permit: Cost Recoverable
Site Development Permit: Cost
Recoverable
Building: Plan Check Fee $2,091.84 $6,474.94/structure
Building: Permit Fee $3,218.20 $9.961.46/structure
Building: Issuance $82.40 $82.40/structure
Building: Mechanical $399.11 $2,793.00/structure
Building: Plumbing $267.00 $1,869.00/structure
Building: Electrical $389.96 $2,201.36/structure
City General Plan: $576.80 $2,415.43/structure
State Building Fees: Strong Motion
Implementation Program
$53.56 $224.29/structure
Construction/Demolition Fee:

Recoverable Deposit:

Water Quality:
$211.83
(4% of valuation not to exceed $50,000)
$16,480.00
$229.00
$180.00/structure
(4% of valuation not to exceed $50,000)
$50,000.00
$229.00
Scanning $1.00/page ($1.00/page)
$200.00 est.
($1.00/page)
$300.00 est.

State Building Fees: SB 1473 $17.00 $70.00/structure
State CASp Fee: AB 1379 $4.00 $4.00
Road Fees: San Joaquin Hill
Transportation Corridor Agency
$5,893.00 ($3,432.00/unit )
$24,024.00
Road Fees: Coastal Area Road
Improvements and Traffic Signals
$2,958.00 ($2,367.00/unit)
$16,569.00.00
Road Fees: Moulton Parkway $609.00 ($609.00/unit)
$4,263.00
School Fees: Capistrano Unified School
District (Paid at school)
($4.08 per square foot, with the exception
of properties within a development that
includes a Mello-Roos)
$8,772.00
($4.08 per square foot, with the exception
of properties within a development that
includes a Mello-Roos.)
$41,379.36
Impact Fees: Park, Open
Space/Recreation, Water Connection, and
Sewer Connection, Storm Drain
$0 $0
Est. Total Fees $42,452.70 $163,040.24 ($23,291.46 for each unit within the 7-plex)
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Permit Process
Single Family Development1
(per unit) Multifamily Development2
Total fees as percentage of building
valuation

10.3% 9.5%
Notes:

1. Based on 2,150-square-foot living area with 504-square-foot garage (valuation $412,000.00)

2. Based on 7-plex, 10,142-square-foot living are with 3,190-square-foot garage (valuation $1,725,308.00) Source: City of Aliso Viejo, 2021
In summary, planning and building fees represent approximately 10 percent of total development cost.

On- and Off-Site Improvements
City road standards vary by roadway designation as provided in Table CP-30.

Table CP-31Table CP-30
Road Improvement Standards
Roadway Designation Number of Lanes Right-of-Way Width Curb-to Curb Width Major Highway 6 120 102
Secondary Highway 4 80 64
Collector Street 2 64 40
Local Street 2 60 36
Cul-De-Sac 2 52-56 36-40
Source: City of Aliso Viejo General Plan - Circulation Element.

A local residential street requires a 60-foot right-of-way, with two 18-foot travel lanes. The City’s road standards are typical for cities in Orange County and do not act as a constraint to housing development.

After the passage of Proposition 13 and its limitation on local governments’ property tax revenues, cities and counties have faced increasing difficulty in providing public services and facilities to serve their residents. One of the main consequences of Proposition 13 has been the shift in funding of new infrastructure from general tax revenues to development impact fees and improvement requirements on land developers. As part of a Development Agreement, the City could require developers to provide on-site and off-site improvements necessary to serve their projects. Such improvements may include water, sewer and other utility extensions, street construction and traffic control device installation that are reasonably related to the project. Dedication of land or in-lieu fees may also be required of a project for rights-of-way, transit facilities, recreational facilities, and school sites, consistent with the Subdivision Map Act.

The City’s Capital Improvement Program (CIP) contains a schedule of public improvements including streets, bridges, overpasses and other public works projects to facilitate the continued build-out of the City’s General Plan. The CIP helps to ensure that construction of public improvements is coordinated with private development. 515

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Although development fees and improvement requirements increase the cost of housing, cities have little choice in establishing such requirements due to the limitations on property taxes and other revenue sources needed to fund public services and improvements.

Development Permit Procedures
Development review and permitting procedures ensure that residential construction proceeds in an orderly manner. However, the time and cost of permit processing and review can be a constraint to housing development if they place an undue burden on the developer.

The process to obtain a development permit begins when a project proponent submits a project proposal to the City. For projects identified as “permitted” (see Table CP-28) such asa typical single-family and multi-family projects, a Site Development Permit is required.

The purpose of an SDP for a residential project is to confirm that the physical design of the project is consistent with development standards and design guidelines set forth in the zoning regulations. Unlike a conditional use permit, the SDP process does not examine the appropriateness of the use itself. The Director of Planning Services has the discretion to administratively approve a Site Development Permit or forward it to the City Council. The Decision of the Director is based on the following required Aliso Viejo Municipal Code findings:

1. Consistency with General Plan. The project is consistent with the general plan and any applicable specific plan.

2. Consistency with Zoning Code. The land use and associated development conform to the permitted use provisions and development standards of this zoning code and is consistent with this code and any applicable specific plan.

3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act.

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between adjacent land uses and between development and open space, and provide an overall unifying influence to enhance the visual continuity of the project.

The typical length of time for a Site Development Permit approved by the Director is two months. If the Director forwards the application to City Council, the typical process is four months. Once the site development permit is approved, a Building Permit, which is ministerial, is required. The permitting process is as follows:
❖ Applicant submits three sets of a site plan, floor plans, and elevations to the Building department. Additionally, the Applicant submits a Building Permit application with the required fee based on the valuation of the project. ❖ The application is taken in for a plan check, which is completed within ten business days. If revisions are necessary, the plans and comments are routed back to the Applicant. Following receipt of the revisions, Staff has five business days to review.
❖ Once the plan check is complete, the building permit department is able to issue the permit. It is incumbent upon the applicant to call for inspections once construction commences.

Very few residential projects require a conditional use permit (see Table CP-28). For those that do require a CUP, the process takes between four and six months. Applicants must submit site plans, floor plans and elevations along with public noticing labels. Staff reviews the application for completeness, transmits the plans when appropriate to the Public Works Department, Building Department, Orange County Fire Authority and Police Services.

Comments are collected and provided to the application so that any necessary changes can be made and plans resubmitted. The application is then presented to the City Council for review. Required findings for approval are as follows:

1. Consistency with General Plan. The land use is consistent with the general plan and any applicable specific plan.

2. Consistency with Zoning Code. The land use and associated development conform to the permitted use provisions and development standards of this zoning code and are consistent with this code and any applicable specific plan.

3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act.

4. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity.

Given the built-out character of the City, remaining development potential is fairly limited.

The City does not have a backlog of development applications and is able to process 517

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applications in a timely manner. The City’s development standards and Site Development Permit procedures provide clear, objective guidelines for developers and help to minimize the time required to obtain approval, which helps to reduce overall development cost.

While current procedures do not pose unreasonable constraints, the City is currently developing permit tracking software to streamline the development review process.

The City has not experienced requests to develop at lower densities than anticipated in the sites inventory.

Building Codes and Enforcement
The City has adopted the 2019 California Building Codes, which include the California Building Code, California Residential Code, California Plumbing Code, California Mechanical Code, California Electric Code, California Fire Code, California Green Buildings Standards Code, California Energy Code, California Administrative Code, and the California Referenced Standards Code. While adding to the cost of residential development, enforcement of the California Building Code is necessary to ensure the safety of current and future residents of Aliso Viejo.

Local amendments to the building codes were limited to:
❖ Ensuring swimming pool safety measures were in place as they were not carried forward in the 2019 Building Codes,
❖ Providing additional regulations in High Fire Severity Zones to ensure appropriate fuel medication standards
❖ Streamlined processing of permits for electric vehicle charging stations ❖ Standards for grease interceptors for businesses
❖ Proper address identification
These amendments are intended to promote public safety and do not pose a substantial constraint to the provision of housing. The fuel medication standards are the most stringent part of the local amendments; however, they do not create a burden or increase costs for individual homeowners because they are typically implemented by the homeowner’s associations who maintain common landscape areas.

Code enforcement is primarily complaint-based. Complaints are investigated by the Code Enforcement Officer, and if a violation is found, the officer will attempt to gain voluntary compliance. If not reached, then a series of three notices would be issued. If the notices go unheeded then administrative citations can be issued or the matter can be referred to the City Attorney’s Office. However, the City makes every attempt to work with homeowners and businesses to gain voluntary compliance.
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The most common types of cases are noise and property maintenance issues. During the COVID-19 pandemic, there were issues with rent increases or inability to pay rent. In these cases, staff referred the resident to a partnering social service provider such as FAM and South County Outreach, to the Fair Housing Foundation and/or to State programs for rental assistance.

ENVIRONMENTAL, INFRASTRUCTURE, AND PUBLIC SERVICE

CONSTRAINTS
Environmental factors and a lack of necessary infrastructure or public services can constrain residential development in a community by increasing costs and reducing the amount of land suitable for housing construction.

Environmental Constraints
Environmental constraints related to wildland fire hazards, seismic activity, geology, or topography, potential for flooding, or other environmental issues can impact the cost associated with the maintenance, improvement, and development of housing. The Safety Element identifies areas within the City subject to seismic, geologic, wildfire, and flooding hazards which may constrain residential development, as well as policies and programs to mitigate these hazards.

High Fire Severity Zones: A portion of the west side of the City, located adjacent to the Aliso and Wood Canyons are in high fire hazard severity zones. This area is already builtout and no additional housing is anticipated in this area. In addition, OCFA conducts annual inspections within this area and has developed a system of collaboration with the homeowners and the homeowners associations to address any issues identified which are predominately related to trimming or removing landscaping.

Seismic and Geologic Constraints: Earthquake shaking is largely caused by the release of seismic energy during periods of sudden displacement along a fault. Aliso Viejo is located in a relatively active seismic region of the State and may be subject to moderate or severe ground shaking at any time. Although no known fault traverses Aliso Viejo that could subject it to ground-rupture, the Inglewood-Newport fault, located northeast of the City could trigger landslides and liquefaction. Measures identified in the Safety Element are required to mitigate hazards associated with natural seismic and geologic conditions and result in added development costs and constrain residential development. Nevertheless, these measures are necessary to protect public safety.

Flooding: The Safety Policy Map (Figure S-1 in the Safety Element) outlines portions of the community that fall within a 100-year flood zone. Most of this area is located in the Aliso and Wood Canyons Wilderness Park and has been designated as Open Space in the Land 519

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Use Element. However, no land designated for residential uses is located within the floodplain.

Ecological and Biological Resources: Although much of Aliso Viejo is comprised of urbanized or disturbed areas that generally have low habitat value for wildlife, nearly 25 percent of the City’s land area is set aside as open space, the majority of which is located within the Aliso and Wood Canyons Wilderness Park, a significant source of ecological and biological resources.

Extensive research and planning efforts conducted by the County of Orange and other jurisdictions prior to the City’s incorporation have identified the locations of sensitive habitats and species. Aliso Viejo lies within the Coastal subregion of the Orange County Natural Community Conservation Plan and Habitat Conservation Plan (NCCP/HCP) area.

Several areas within Aliso and Wood Canyons Wilderness Park are designated as NonReserve Open Space within the NCCP/HCP, while a substantial area west of the City is designated as NCCP Habitat Reserve. Within the Habitat Reserve area, the NCCP/HCP restricts the kinds of permitted uses to protect long-term habitat values. Residential uses are prohibited, as are new active recreational uses outside already disturbed areas.

Infrastructure and Public Service Constraints
A lack of adequate infrastructure or public services and facilities to keep pace with the demands of new development can be a substantial constraint to residential development.

This section looks at the City’s domestic water, sewer, flood control, dry utilities and solid waste disposal systems to evaluate capacity to meet residential demands. SB 1087 of 2005 requires cities to provide a copy of their Housing Elements to local water and sewer providers, and also requires that these agencies provide priority hookups for developments with lower-income housing. The Housing Element will be provided to these agencies immediately upon adoption. The City is built out and the infrastructure, including those for all utilities and streets, is adequate to meet current and projected needs during the planning period. All utility and infrastructure providers have indicated the capacity to accommodate housing needs identified in this Housing Element.

Domestic Water: Potable water is imported by Metropolitan Water District of Southern California (MWD) and transferred to the Moulton Niguel and El Toro Water Districts, which serve Aliso Viejo. According to these Districts, existing piping and filtration infrastructure is adequate to serve future development within the City and the water supply is adequate at least until the year 2030. These districts are totally dependent on the MWD to meet water demands. According to the MWD’s long-term water supply modeling, reliable supplies can be maintained until 2030 under conditions that have existed in prior dry periods.

The City will continue to work with the Moulton Niguel and El Toro Water Districts to implement the Urban Water Management Plans and ensure that adequate water supplies 520

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are available to meet the needs of existing and future growth. The City will review proposed development projects to ensure that approved projects do not degrade water pressure or reduce supplies available to the rest of the community. Those projects found to be subject to California State Water Code 10910-10915 will be required to undergo review by the applicable water purveyor to ensure adequate water supplies will be available.

In addition, the City will encourage water conservation through various methods. The City will comply with AB 1881 regarding water conservation in landscaping irrigation. The City will coordinate with the Aliso Viejo Community Association (AVCA) to ensure that landscaping, park maintenance and other services provided by the Association employ water conservation measures and use recycled water if available from water suppliers. City officials will continue collaboration with Transportation Corridor Agency (TCA) to achieve attractive, well-maintained low-water landscaping within the Transportation Corridor. The City will continue to expand and implement a plant palette consisting of native and xeriscape plant species to serve as a model for private landscaping projects. In addition to conserving water, new landscaping within the City will be required to consist of 50 percent low water native or xeriscape plant species as required by the General Plan. These requirements will be re-evaluated periodically and the percentage of low water plants will be increased over time. These measures will mitigate the potential constraint on residential development resulting from future availability of adequate water supplies and infrastructure.

Sewer Facilities: The Moulton Niguel and El Toro Water Districts operate sewer collection and transmission facilities within Aliso Viejo. According to the Districts, these facilities are well-maintained and will be able to service future growth within the City. Collected wastewater is transmitted to the Regional Wastewater Treatment Plant operated by the South Orange County Wastewater Authority (SOCWA). New development will be required to cooperate with the Moulton Niguel Water District or the El Toro Water District to ensure that the existing wastewater infrastructure can adequately serve the project. The City will continue to cooperate with the South Orange County Wastewater Authority in efforts to provide adequate wastewater treatment services for Aliso Viejo. In addition, the City will continue to coordinate with the local water districts in their planning and maintenance of their wastewater collection facilities in the community to ensure adequate wastewater infrastructure for future residential development in Aliso Viejo.

Flood Control: The Orange County Flood Control District (OCFCD) is responsible for regional flood control facilities, while the City maintains local facilities that tie into OCFCD’s regional system. Local drainage facilities consist mostly of underground closed conduits and storm drains located primarily in developed areas of the City. These facilities collect and convey storm water to regional facilities including the Laguna Canyon, Woods Canyon, and Aliso Creek Channels. The City will continue to coordinate with the OCFCD, which is responsible for maintenance and monitoring of regional flood control facilities. 521

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Dry Utilities: Dry utilities such as electricity, telephone and cable are provided by private companies and are currently available in the areas where future residential development is planned. When new development is proposed the applicant coordinates with utility companies to arrange for the extension of service. There are no known service limitations that would restrict planned development during the planning period.

Solid Waste: Solid waste generated in Aliso Viejo is collected by a private contractor and transmitted to various landfills operated by the Orange County Integrated Waste Management Department (IWMD). Although Aliso Viejo is nearly built out, the Orange County population continues to grow and so does its waste. IWMD is responsible for ensuring that waste is disposed of in a way that protects public health, safety, and the environment. To accomplish this objective, IWMD developed a Regional Landfill Options for Orange County (RELOC) Strategic Plan. The City will continue to cooperate with IWMD in efforts to maintain and expand its regional landfill facilities. The adequacy of regional landfills to handle future flows of solid waste generated in Aliso Viejo will not constrain future residential development in the City.
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C.4 EVALUATION OF THE PRIOR

HOUSING ELEMENT
Section 65588(a) of the Government Code requires that jurisdictions evaluate the effectiveness of the previous Housing Element, the appropriateness of goals, objectives and policies, and the progress in implementing programs for the previous planning period. This appendix contains a review the housing goals, policies, and programs of the previous housing element and evaluates the degree to which these programs have been implemented during the previous planning period, 2013 through 2021. The findings from this evaluation have been instrumental in determining the City’s 2021-2029 Housing Implementation Program.

Table CP-31 compares the City’s quantified objectives for the 5th planning period to accomplishments.

Table CP-32Table CP-31
Progress in Achieving Quantified Objectives 2013-2021
Program Category Quantified Objective Progress
New Construction
Extremely Low - -
Very Low 7 83
Low 34 335
Moderate 199 386
Above Moderate - 35
Total 240 839
Conservation (Sec. 8)
Very Low 56 56
Low
Moderate
Above Moderate
Total 56 56
Table CP-32 summarizes the programs contained in the previous Housing Element along with the program objectives and accomplishments.

In addition to the specific program accomplishments described in this table, the City has attempted to make strides in meeting the needs of its special needs population. Goal H-3, Policy H-3.1 states that the City should “identify and participate in programs and provide incentives through density bonuses and rezoning to encourage residential projects that include housing for seniors, low- and moderate-income groups or special needs group.” This was accomplished through the rezoning and construction of 2 and 4 Liberty in which 523

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402 units were constructed, 398 of which were senior affordable units. The project was granted a density bonus with development standard concessions and 4 Liberty was provided affordable housing in-lieu fees.

Policy H-3.2 encourages the “provision of housing and services for special needs groups, such as the homeless, the disabled and victims of domestic violence by providing City grants to agencies providing services to persons in these groups.” The City has partnered with South County Outreach and Family Assistance Ministries to provide these services. In addition, the City used affordable housing in-lieu fees and its own General Fund to purchase an affordable unit to house homeless individuals. 524

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Table CP-33Table CP-32
2013-2021 Housing Element Program Evaluation
Program Objectives Timeframe Progress

1. Adequate Sites for Affordable Housing 1) The City will process amendments to the General Plan and zoning designations for sites
located at 4 Liberty and 2C Liberty to
accommodate at least 249 lower income housing
units in compliance with Government Code Sec.
65583.2.h and Sec. 65583.2.i.
2) Staff will provide assistance to applicants
during the design review process.
3) The City will facilitate affordable multi-family
development on these sites by supporting funding
applications, allocating funds from the Affordable
Housing In-Lieu Monies, and / or approving
modifications to development standards.
4) The City will report annually to the California
Department of Housing and Community
Development on its progress in implementing this
program.
5) The City will monitor project approvals and
comply with the no net loss requirements of
Government Code Sec. 65863. No zoning
amendment or project approval shall reduce the
residential density than assumed in Table CP-23
of the Housing Element Community Profile unless
the City makes written findings in accordance with
Sec. 65863 (b).
1) Within first year of
the planning period
(October 15, 2014)
2) Ongoing
3) Ongoing
4) By April 1 each
year
5) Ongoing
1) On January 22 and February 5, 2014, the City processed amendments to the General Plan and zoning designations for sites located at 4 Liberty and 2C Liberty to accommodate at least 249 lower income housing units.
2) Staff provided assistance to the 2C Liberty site applicant during the design review process for the applicant's 2014 site development permit. Additionally, staff provided assistance to the 4 Liberty site applicant during the design review process for the applicant's 2015 site development permit.
3) On November 5, 2014, the City Council approved a 202-unit senior affordable project located at 2C Liberty. The approval included modifications/waivers to six (6) development standards.

On October 7, 2015, the City Council approved a 200-unit senior affordable project located at 4 Liberty. The approval included modifications/waivers to six (6) development standards. 4) Following the March 17, 2021 public meeting, staff will submit this annual planning report to the California Department of Housing and Community Development.
5) The approval of the projects located at 2C Liberty for 202 units and 4 Liberty for 200 units exceeded the residential density at each site (144 units) assumed in Table CP-23 of the Housing Element Community Profile.

2. Affordable Housing In-Lieu Funds 1) The City will hire a qualified housing consultant to develop recommendations for the best use of
the in-lieu funds, with the priority of extremely-low
and very-low-income housing.
2) The City Council will make the funds available
to qualified participants and could also be utilized
to retain affordable status on units that may
1) Within first year of
the planning period
(October 15, 2014)
2) Within two years
after the adoption of
the Housing Element
(January 22, 2016)
1) On October 1, 2014, the City hired a qualified housing consultant, RSG, to develop recommendations for the best use of the in-lieu funds.
2) On February 4, 2015 the City Council considered and approved RSG's recommendations, and the funds became available to qualified applicants.
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Program Objectives Timeframe Progress
require City intervention and the associated
administrative costs.
3) Per Resolution 2016-08 (approved February 17, 2016) the City provided Aliso Viejo 1776, LP., a $2,250,000 loan in lieu of providing 50 very-low income units at the 4 Liberty site. 4) Purchased the affordable unit at 35 Playa and placed a family of four that was facing homelessness.

3. Homeownership Assistance Programs Provide homebuyer assistance information to potential homeowners in Aliso Viejo.

Ongoing As homebuyer assistance information becomes available from the County of Orange or non-profit agencies, staff does and will continue to make available the information on the City's website and at the public counter. Additionally, when one of the 58 affordable, owner-occupied units become available, an interest list of potential buyers is provided to the seller.

The City maintains a waiting list comprised of person(s) inquiring about the affordable housing units and the criteria for purchasing available units. The interested party is provided with a PreApplication Checklist to review and determine if they may qualify should a unit become available. If the inquiring party decides that they appear to be qualified, they provide their name, contact phone number, and email address. This information is passed on to a seller should a property come up for sale. At that time, a full application is completed, and the buyer would move forward if approved. This list is maintained and updated as any information may change. On average there are 120 people on the waiting list at any given time and approximately two units per year become available.

4. Section 8 Housing Choice Vouchers The City will continue to promote the use of Section 8 Housing Choice Vouchers in Aliso Viejo
with the objective of expanding assistance to
very-low income households. Specifically, the City
will make referrals to OCHA, advertise the
program on the City website and in newsletters,
and distribute information at the public counter at
City Hall.

Ongoing The City has and will continue to make referrals to the Orange County Housing Authority regarding Section 8 Housing Choice Vouchers.

5. OCHA Special Needs Groups Rental
Assistance Program
The City will continue to assist OCHA in
promoting its Special Needs Groups Rental
Assistance Programs in Aliso Viejo with the
Ongoing The City has and will continue to make referrals to the Orange County Housing Authority regarding Special Needs Group Rental Assistance.
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Program Objectives Timeframe Progress
objective of expanding assistance to additional
households with special needs. Specifically, the
City will make referrals to OCHA, advertise the
program on the City website and in newsletters,
and distribute information at the public counter at
City Hall.

The City estimates that approximately one referral was made every month during the planning period. It is unknown if OCHA expanded the program based on these referrals. In the next planning period, the City should increase efforts to document referral and increase communication with OCHA to follow-up on referrals.

6. City Grants for Special Needs Groups The City will allocate 50% of its Human and Social Services community assistance grant budget to
incorporate homelessness prevention programs,
programs for the disabled, and domestic violence
support programs into the annual cycle of grant
funding.

Ongoing In FY 2017/18, 57% or $10,500 of the $18,500 Human and Social Services community assistance grant budget was approved for homeless prevention programs, programs for the disabled, and domestic violence support programs.

In FY 2018/19, 53% or $16,000 of the $30,000 Human and Social Services community assistance grant budget was approved for homeless prevention programs, programs for the disabled, and domestic violence support programs.

In FY 2019/20, 49% or $14,750 of the $30,000 Human and Social Services community assistance grant budget was approved for homeless prevention programs, programs for the disabled, and domestic violence support programs.

In FY 2020/21, 80% or $14,750 of the $18,500 Human and Social Services community assistance grant budget was approved for homeless prevention programs, programs for the disabled, and domestic violence support programs.
66% or $12,250 of the $18,500 Human and Social Services community assistance grant budget was approved for homeless prevention programs, programs for the disabled, and domestic violence support programs in July 2020.

7. Code Enforcement The City's Code Enforcement Staff will continue to enforce property maintenance standards and
adopted City Building and Zoning Codes. The City
will promote the importance of property
maintenance to long-term housing quality and
property values, and encourage community and
neighborhood preservation through the Aliso Viejo
Community Association (AVCA), City newslettersnews, cable television, and informational Ongoing The City's code enforcement staff has and will continue to aggressively enforce property maintenance standards, including the enforcement of health and safety provisions.

The City maintain a 0.5 FTE code enforcement officer. To date, this has been sufficient, however, if the number of cases continues to increase, an additional 0.5 FTE may be required.

To date, monies have not become available to assist with home rehabilitation. However, the City intends to make programs available during the new cycle with the use of CDBG funds 527

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Program Objectives Timeframe Progress
brochures at the public counter at City Hall. As
opportunities become available, the City will
consider funneling resources into home
rehabilitation.

8. Conservation of Existing and Future
Affordable Units
Annually, the City will monitor the status, notify
residents of potential conversion, and pursue
options to preserve the units.

Ongoing Planning staff has and will continue to monitor the affordable units. In 2020, the City did not receive any notices for potential conversions.

9. Streamlined Residential Permit
Processing
Minimize permit processing time to reduce
development costs for affordable housing.

Ongoing Planning staff worked diligently with the applicant for 2C Liberty to minimize permit processing time for its affordable housing 202- unit project. The application was submitted in May 2014 and approved in November 2014, a total of six months. Additionally, Planning staff worked diligently with the applicant for 100 Freedom Lane (4 Liberty) to minimize permit processing time for its affordable housing 200-unit project. The application was submitted in May 2015 and approved in October 2015, a total of five months. In 2018, staff continued to assist the 100 Freedom Lane development through the construction process. In 2019, the City was also awarded $160,000 in first year SB 2 grant funds to secure a Enterprise Land Management software system which will reduce processing times.

10. Fair Housing Services The City will continue to contract to support fair housing services for City residents. The City will
advertise fair housing services on its website and
at the public counter at City Hall, library, and other
community locations.

Ongoing As of July 1, 2020, the City initiated a contract with the Fair Housing Foundation to provide fair housing services. From January 1, 2020 - June 30, 2020, the City contracted with the Fair Housing Council of Orange County (FHCOC) via the entitlement status administrative partnership with the County of Orange.

11. Encourage Energy Conservation Amend zoning regulations to encourage energy conservation.
2014 As of September 2014 (approved July 16, 2014) a zoning code amendment creating AVMC 15.68 Green Building Program
became effective to encourage energy conservation. The
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C.5 SITES INVENTORY
Overview
State law requires cities to identify adequate sites with appropriate zoning to accommodate the assigned regional housing need for the planning period. This section includes an evaluation of the capacity for additional residential development during the 2021-2029 planning period.

Assumptions
State law establishes a “default density” of 30 units per acre that is generally considered suitable for lower-income housing. The site inventory analysis is based on this general affordability assumption. While the inventory must assign potential units on each site to income categories, those allocations are not a mandate or prediction of the actual income levels of future units. The purpose of assigning potential units to income categories is to determine whether adequate sites are available to accommodate the City’s RHNA allocation based on the default density criteria in State law.

Existing Sites Inventory
Nearly all of the properties designated for residential use in Aliso Viejo have been developed. Table CP-33 lists sites in the city with land use designations that allow additional residential development based on current zoning designations. Only one site – the Towers Planning Area in The Commons Specific Plan – remains undeveloped. No project-specific development has been approved for this property. The zoning allows stand-alone residential development.

Accessory dwelling units (ADUs) represent an additional opportunity for affordable housing, particularly for single persons or small households including the elderly, college students, young adults, and caregivers. Recent changes in State law have made the construction of ADUs more feasible for homeowners, and the City has seen an increase in ADU development applications recently. During calendar years 2018-2020 the City has approved 2 ADU permits. At that rate, it is estimated that approximately 5 additional ADUs will be permitted during the 2021-2029 planning period. Based on recent analysis conducted by SCAG approximately two-thirds of future ADUs are expected to be affordable to lower-income households.

Candidate Sites for Rezoning
Table CP-33 shows that there are currently insufficient residential sites to accommodate the City’s RHNA allocation. To accommodate this shortfall, the Housing Plan includes Program 1, Adequate Sites for New Housing to amend General Plan and zoning designations for sufficient sites to be selected from the sites listed in Table CP-34 to 529

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accommodate the RHNA allocation. Maps showing these candidate sites are provided in Figure CP-xx.

Nearly all of the candidate sites listed in Table CP-26 are currently developed, although several of the parcels only contain surface parking lots. All of the candidate sites are at least 2 acres and less than 10 acres in size, although a few of the parcels in Site 3 are less than one-half acre. There are no significant vacant sites in the city that are suitable for residential use.

The selection of candidate sites considered a variety of factors, including:
• A substantial amount of surface parking or low-value uses such as storage • Ratio of assessed improvements-to-land value (I/L ratio) less than 1.0 • Good access to opportunity, including transportation, commercial services, schools and employment
• Parcels of substantial size
• Property owner interest
Recent real estate development trends in coastal Orange and Los Angeles counties demonstrate the increasing market feasibility of multi-family and mixed-use redevelopment at densities of 30 units/acre or more (Figure B-1). In addition, research conducted by the University of California, Berkeley6to identify potential infill development opportunities in California concluded that the ratio of improvement value to land value (I/L ratio) serves as an indicator of the likelihood of redevelopment. That study utilized an I/L ratio of less than 1.0 for commercial and multi-family residential properties, and the authors of that study noted that this methodology “…has a strong theoretical and empirical basis: urban parcels for which improvement values are less than land values are widely considered to be economically underutilized. Indeed, many, if not most, market-rate infill housing projects are currently built on refill sites.” The candidate sites listed in Table CP-3434 were also reviewed by the City Council at public hearings, and property owners and other interested stakeholders had the opportunity to provide comments on sites that should be considered for additional residential development.

Infrastructure Availability
Infrastructure such as water, wastewater, drainage systems and dry utilities are in place, and there are no known limitations that would preclude the anticipated level of development. As part of future Land Use Element amendments and zoning changes to 6 University of California, Berkeley Institute of Urban and Regional Development, The Future of Infill Housing in California: Opportunities, Potential, Feasibility and Demand, 2005 530

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ensure availability of adequate sites (Program 1a) CEQA analysis will be conducted to confirm infrastructure availability.
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Table CP-34Table CP-33
Residential Land Inventory
Site General Plan Zoning Acreage Density
Units by Income Category
Total
VL Low Mod Units
Above
Mod
The Commons at Aliso Viejo Town Center –
Towers Planning Area
CBO – The Commons at
AV Town Center
SP No. 2 -
Commons

4.1 34.1 units/acre 7* 14 119 0 140
Potential ADUs 110 217 212 01 540
Totals 4.1 817 1631 121131 01 145180
Housing Need 2021-2029 390 214 205 386 1,195
Adequate Sites? (Shortfall) (382343) (198183) (8474) (386385) (1,0501,0 15)
Notes:
* Deed-restricted units
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Table CP-35Table CP-34
Candidate Parcels for Rezoning
Site Site Address/Intersection APN
General
Plan
(Current)
Zoning
(Current)
Parcel
Size
(Acres)
Existing
Use
I/L
Ratio
Proposed
GP
Proposed
Zoning
Min
Density
(units/acre)
Max
Density
(units/acre)
Lower Mod Above
Mod Total
1 1 Columbia 623-141-01 BP BP-2 2.0 Offices 0.45 MU MU 20 30 36 6 18 60 2 41 Columbia 623-141-09 BP BP-2 2.0 Offices 0.48 MU MU 20 30 36 6 18 60 3 The Commons 629-101-16 HDR/TCC SP-2 2.0 Parking 0.12 MU MU 20 50 60 10 30 100 3 The Commons 629-101-17 OS OS 4.0 Vacant 0.19 MU MU 20 50 120 20 60 200 3 The Commons 629-101-18 HDR/TCC SP-2 3.9 Parking 0.00 MU MU 20 50 117 19 61 197 Subtotal: Site 3 9.9 0.12 297 49 151 497
4 Enterprise & Aliso Creek Rd 629-321-44 TCC CT 1.0 Parking 0.70 MU MU 20 30 18 3 9 30 4 Enterprise & Aliso Creek Rd 629-321-42 TCC CT 0.4 Parking 0.19 MU MU 20 30 7 1 4 12 4 Enterprise & Aliso Creek Rd 629-321-43 TCC CT 0.7 Parking 0.00 MU MU 20 30 12 2 6 20 4 Enterprise & Aliso Creek Rd 629-321-48 TCC CT 1.4 Parking 0.53 MU MU 20 30 24 4 13 41 4 Enterprise & Aliso Creek Rd 629-321-20 TCC CT 0.2 Parking 0.19 MU MU 20 30 2 0 3 5 4 Enterprise & Aliso Creek Rd 629-321-41 TCC CT 1.0 Parking 2.43 MU MU 20 30 18 3 9 30 4 Enterprise & Aliso Creek Rd 629-321-17 TCC CT 0.5 Parking 0.00 MU MU 20 30 8 1 5 14 4 Enterprise & Aliso Creek Rd 629-321-45 TCC CT 0.7 Parking 0.18 MU MU 20 30 12 2 7 21 4 Enterprise & Aliso Creek Rd 629-321-01 TCC CT 0.3 Parking 0.38 MU MU 20 30 4 0 4 8 4 Enterprise & Aliso Creek Rd 629-321-02 TCC CT 0.7 Parking 0.49 MU MU 20 30 12 2 6 20 4 Enterprise & Aliso Creek Rd 629-321-03 TCC CT 0.3 Parking 0.16 MU MU 20 30 5 0 4 9 Subtotal: Site 4 7.0 0.59 122 18 70 210
5 26800 Aliso Viejo Parkway 629-451-07 PO PO 2.0 Offices 0.46 MU MU 20 30 36 6 18 60 5 26840 Aliso Viejo Parkway 629-451-08 PO PO 2.0 Offices 0.44 MU MU 20 30 36 6 18 60 5 26880 Aliso Viejo Parkway 629-451-09 PO PO 3.0 Offices 0.30 MU MU 20 30 54 9 27 90 Subtotal: Site 5 7.0 0.38 126 21 63 210
6 35 Journey 632-134-07 BP BP-1 2.0 Offices 0.49 MU MU 20 30 36 6 18 60 TOTALS 29.9 653 106 338 1,097
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Figure xx
Candidate Sites for Rezoning
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C.6 PUBLIC PARTICIPATION SUMMARY
Public participation is an important component of the Housing Element update process.

Government Code §65583(c)(8) states that “The local government shall make diligent effort to achieve public participation of all the economic segments of the community in the development of the housing element, and the program shall describe this effort.” Public participation played an important role in the formulation and refinement of the City’s housing goals and policies.

A Housing Element web page was established
to provide interested persons with
information including Frequently Asked
Questions, meeting announcements,
reference materials, and also included an
online survey regarding housing needs in the
community. Persons and organizations
representing the interests of lower-income
households and persons with special needs,
as well as affordable housing developers,
were specifically targeted in the City’s notification list (see below).

The following public meetings were conducted for the 2021-2029 Housing Element update:

May 19, 2021 City Council study session
August 18, 2021 City Council public meeting
January 12, 2022 Public workshop
January 19, 2022 City Council public hearing
Notices of all public meetings were posted on the City’s website, and also mailed to all persons and organizations on the Housing Element interest list in advance of each meeting.

The draft Housing Element was also was posted on the Housing Element website and made available for review at City Hall, and notices were also mailed to the interest list when the draft Housing Element was published. In addition to participation in public meetings, interested parties were invited to submit written comments via email or mail.

During public meetings and in the online survey, the most frequent comments centered around the insufficient amount of housing affordable to local residents and employees, and the importance of maintaining the quality and character of existing residential 539

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neighborhoods. While many of the causes and potential solutions to these issues are beyond the control of cities, the Housing Plan includes programs designed to address each of these issues.

Housing Element Notification List
Kennedy Commission
17701 Cowan Ave., Suite 200
Irvine, CA 92614
League of Women Voters
PO Box 1065
Huntington Beach, CA 92647
OC Association of Realtors
25552 La Paz Road
Laguna Hills, CA 92653
Public Law Center
601 Civic Center Drive West
Santa Ana, 92701
Habitat for Humanity of Orange County
2200 S. Ritchey St.

Laguna Beach, CA 92651-2394
Dan Schmid
Welcoming Neighbors Home
23676 Birtcher Dr.

Lake Forest, CA 92630
Moulton Niguel Water District
P.O. Box 30203
Laguna Niguel, CA 92607
South Orange County Wastewater
Authority
34156 Del Obispo Street
Dana Point, CA 92629
El Toro Water District
24521 Los Alisos Boulevard
Lake Forest, CA 92630
Brandon Young
Mitchell M. Tsai, Attorney At Law
155 South El Molino Ave, Ste. 104
Pasadena, CA 91101
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C.7 FAIR HOUSING ASSESSMENT
INTRODUCTION AND OVERVIEW OF AB 686
In January 2017, Assembly Bill 686 (AB 686) introduced an obligation to affirmatively further fair housing (AFFH) into California state law. AB 686 defined “affirmatively further fair housing” to mean “taking meaningful actions, in addition to combat discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity” for persons of color, persons with disabilities, and other protected classes. The Bill added an assessment of fair housing to the Housing Element which includes the following components: a summary of fair housing issues and assessment of the City’s fair housing enforcement and outreach capacity; an analysis of segregation patterns and disparities in access to opportunities, an assessment of contributing factors, and an identification of fair housing goals and actions.

ASSESSMENT OF FAIR HOUSING ISSUES
Fair Housing Enforcement and Outreach
The City of Aliso Viejo is served by the Fair Housing Foundation (FHF). The FHF is contracted to investigate and resolve discrimination complaints, conduct discrimination auditing and testing, and education and outreach, including the dissemination of fair housing information such as written material, workshops, and seminars. FHF also provides landlord/tenant counseling, which is another fair housing service that involves informing landlords and tenants of their rights and responsibilities under fair housing law and other consumer protection regulations, as well as mediating disputes between tenants and landlords. While the nearest FHF office is in the City of Orange, the majority of cases are handled over the phone, and to ensure ease for local residents workshops are held in City facilities.

Between 2018 and 2021, FHF served 132 residents of Aliso Viejo and assisted with 16 fair housing complaints by Aliso Viejo residents. From the allegations FHF opened 5 cases accounting for about 2 percent of the cases opened by FHF in the Orange County. Of the 5 cases, 2 cited disability as a basis for discrimination. Source of Income was the second most common basis for discrimination. The U.S. Department of Housing and Urban Development (HUD) maintains a record of all housing discrimination complaints filed in local jurisdictions. These grievances can be filed on the basis of race, color, national origin, sex, disability, religion, familial status and retaliation. From July 1, 2018 to June 30,2021, 6 fair housing complaints in Orange County were filed with HUD. There were none filed with HUD for Aliso Viejo residents. FHF was able to successfully conciliate 2 cases, 2 cases they could not obtain evidence of discrimination, and 1 case was resolved with providing 559

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Fair Housing training to management. In Orange County and the City of Aliso Viejo, Denial of Access was the most commonly reported - comprising 31 percent of all cases in the county and 40 percent of Aliso Viejo cases.

The 2020 Orange County Analysis of Impediments to Fair Housing Choice (“AI”) found that the following may be contributing factors to fair housing for the County of Orange as a whole. The AI did identify issues with particular cities for each of these items, and Aliso Viejo was not specifically identified:

Access to transportation for persons with disabilities. The main barrier being a general lack of public transportation infrastructure.
❖ Access to finance services for residents.
❖ Access to public supported housing for persons with disabilities, although persons with disabilities are able to access housing through the Housing Choice Voucher program.
❖ Admissions and occupancy policies and procedures, including preferences in publicly supported housing. In particular, housing authorities, including the Orange County Housing Authority, provide live-work preferences to applicants for Housing Choice Vouchers.
❖ The availability of affordable units in a range of sizes. Overcrowding, as defined by HUD, in Orange County is very high, at 9.51% overall, expanding to

15.97% for renters.
❖ The availability, type, frequency, and reliability of public transportation. Public transportation in Orange County primarily consists of bus service operated by the Orange County Transportation Authority (OCTA) and Metrolink light rail service.
❖ Community opposition in general was identified. Aliso Viejo has not experienced community opposition in the two senior projects totaling 198 affordable units and for the units in the Glenwood and Vantis neighborhoods. ❖ Displacement of residents due to economic pressures in parts of Orange County that have historically had concentrations of low-income Hispanic and Vietnamese residents. Aliso Viejo is not considered one of these areas. ❖ Impediments to mobility, specifically Housing Choice Voucher payment standards that make it difficult to secure housing in many disproportionately White parts of the county, contribute to segregation and disparities in access to opportunity.
❖ Lack of access to opportunity due to high housing costs in particular, as the Disparities in Access to Opportunity section of this Analysis reveals, coastal areas and far eastern portions of the county have greater access to educational, 560

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economic, and environmental opportunity than do most areas in between.

Aliso Viejo is not considered a coastal community.
❖ Lack of affordable in-home or community-based supportive services due to the absence of any waiting list for Home and Community-Based Services for persons with developmental disabilities. This issue primarily affects people with psychiatric disabilities.
❖ Lack of affordable, integrated housing for individuals who need supportive services. This is a significant contributing factor for two reasons. First, the shortage of permanent supportive housing throughout Orange County in comparison to the total need is characteristic of the broader shortage of affordable housing generally. Second, although there are some programs that specifically focus on providing permanent supportive housing to individuals with disabilities, including developments built with Mental Health Services Act funds and Mainstream Housing Choice Vouchers, there has not been a concerted effort to raise local bond funds for affordable housing and prioritize permanent supportive housing with a portion of bond proceeds as there has been in some other California jurisdictions.
❖ Lack of local or regional cooperation. Although the prerequisites for collaboration across jurisdictions exists, there remains a problem with local governments not taking the steps to achieve regionally determined goals like progress toward meeting each jurisdictions Regional Housing Needs Allocation for very low- income and low-income households.
❖ Lack of local public fair housing outreach. There are no local public entities that conduct fair housing outreach and enforcement, with the California Department of Fair Employment and Housing and HUD constituting the only public enforcement bodies that operate in Orange County. ❖ Lack of resources for fair housing agencies and organizations. Three are two large fair housing organizations operating in Orange County that provide services to residents and engage in enforcement, outreach, and education.

However, the size of the federal Fair Housing Initiatives Program, the primary funding program for fair housing organizations, has failed to keep up with inflation, making Congress’s appropriations worth less over time. In order to meet the needs of residents of a large and diverse county, local fair housing agencies and organizations require greater levels of resourcing. ❖ Land use and zoning laws. With some exceptions, communities in Orange County that have relatively high concentrations of White residents and relatively low concentrations of Hispanic residents tend to have zoning that allows for limited opportunities to develop multifamily housing. 561

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INTEGRATION AND SEGREGATION
Race and Ethnicity
The ethnic and racial composition of a region is useful in analyzing housing demand and any related fair housing concerns as it tends to demonstrate a relationship with other characteristics such as household size, locational preferences, and mobility. To assist in this analysis of integration and segregation, the Department of Housing and Community Development (HCD) has provided AFFH Data and Mapping Resources, which are included below. Also included is data from the 2020 Orange County Analysis of Impediments to Fair Housing Choice prepared by Lawyers’ Committee for Civil Rights Under Law.

According to the California Fair Housing Task Force’s 2021 opportunity maps, there is a small area in the northern portion of the City that is more than 81% racially segregated.

This is a portion of the City that was developed under the County’s jurisdiction prior to City incorporation in 2001.

Table CP-35 and Table CP-36 below reflect the Dissimilarity Indices for Aliso Viejo and the County as a whole. The Dissimilarity Index measures the percentage of a certain group’s population that would have to move to a different Census tract to be evenly distributed within a city or metropolitan area in relation to another group. The higher the Dissimilarity Index, the higher the extent of segregation. The City of Aliso Viejo has relativity lower rates of dissimilarity than the County as a whole. The exception being the Black/White population, which is approximately 4% higher.

Table CP-35
Dissimilarity Index (0-100)
Value Level of Segregation
0-40 Low Segregation
41-54 Moderate Segregation
55-100 High Segregation
Table CP-36
Dissimilarity Index Values by Race and Ethnicity, Orange County vs. Aliso Viejo Racial/Ethnic Dissimilarity
Index
1990 Trend 2000 Trend 2010 Trend Current
Orange
County
Aliso
Viejo
Orange
County
Aliso
Viejo
Orange
County
Aliso
Viejo
Orange
County
Aliso
Viejo
Non-White/White 30.38 N/A 34.71 N/A 33.58 N/A 44.71 13.3 Black/White 32.60 N/A 33.63 12.6 32.27 12.3 46.98 50.89 Hispanic/White 36.13 N/A 41.08 11.6 38.18 20.4 52.82 22.57 Asian or Pacific Islander/White 32.58 N/A 34.31 6.1 34.82 8.1 43.19 14.98 The Isolation Index (Table CP-37 and Table CP-38) measure what percentage of the Census tract in which a person of a certain racial identity lives includes other persons of that same racial/ethnic group. A higher index number represents a larger clustering of a given population. In Aliso Viejo, the White/White population shows a slightly greater clustering 562

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than for Orange County as a whole. Other racial groups experience much lower levels of clustering in general and when compared to the County as a whole.

Table CP-37
Isolation Index Values by Race and Ethnicity, Orange County Isolation Index Current
White/White 55.16
Black/Black 3.32
Hispanic/Hispanic 52.81
Asian/Asian 31.84
Table CP-38
Isolation Index Trends, Aliso Viejo
Isolation Index 1980 Trend 1990 Trend 2000 Trend 2010 Trend Current White/White N/A N/A 71.3 62.6 62.94
Black/Black N/A N/A 2.7 2.7 3.97
Hispanic/Hispanic N/A N/A 12.5 21.7 19.52
Asian/Asian N/A N/A 13.5 18.5 16.32
Areas of minority concentration by block group in Aliso Viejo are shown in Figure CP-2.

The percentage of non-white population ranges from 21 percent to 80 percent and is highest in the northern portion of the city, which is also the area with the oldest housing stock.
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Figure CP-5Figure CP-2
Areas of Minority Concentration in Aliso Viejo (2018)
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Persons with Disabilities
Figure CP-3 and Figure CP-4 show the percentage of persons with disabilities in the South Orange County region and in Aliso Viejo. The incidence of disabilities in Aliso Viejo is similar to the surrounding areas with the exception of Laguna Woods, which is atypical because of the very high percentage of seniors in Leisure World.

Figure CP-6Figure CP-3
Percent of Population with Disabilities, South Orange County Region 565

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Figure CP-7Figure CP-4
Percent of Population with Disabilities, Aliso Viejo
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Figure CP-8Figure CP-5
Disability Status in South County
According to the 2020 AI, “In Aliso Viejo…concentrations of persons with various types of disabilities are generally lower than they are countywide.” The most common types of disabilities in the City (Table CP-39) are Ambulatory Difficulty (2.27%) and Cognitive Difficulty (2.25%). The AI found that throughout the county the supply of affordable, accessible units is insufficient to meet the need.

Table CP-36Table CP-39
Disability by Type, Orange County/Region/Aliso Viejo
Disability Type
Orange County Region Aliso Viejo
# % # % # %
Hearing Difficulty 81,297 2.59% 333,537 2.53% 914 1.80% Vision Difficulty 51,196 1.63% 247,670 1.88% 503 0.99%
Cognitive Difficulty 99,317 3.16% 480,601 3.65% 1,140 2.25% Ambulatory Difficulty 133,232 4.24% 677,592 5.14% 1,148 2.27% Self-Care Difficulty 61,615 1.96% 327,895 2.49% 669 1.32% Independent Living Difficulty 104,705 3.34% 526,534 4.00% 913 1.80% 567

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Familial Status
Familial status refers to the presence of children under the age of 18, whether the child is biologically related to the head of household, and the martial status of the head of households. According to the HCD AB686/AFFH data tool maps (Figure CP-6), there is no high concentration of households with adults living alone in the City. Conversely, in the remainder of the City’s Census tracts, the percentage of adults living with their spouse is 60 percent and above (Figure CP-7).

Families with children may face housing discrimination by landlords who fear that children will cause property damage. Some landlords may have cultural biases against children of the opposite sex sharing a bedroom. Differential treatments such as limiting the number of children in a complex or confining children to a specific location are also fair housing concerns. Single-parent households are also protected by fair housing law. 69.7 percent of Aliso Viejo households are families with children. The City’s share of families with children is higher than the County average of 44.98 percent. According to the HCD AFFH map in Figure CP-8 the percentage of children in married households is high in most portions of the City. There is one Census tract that is in the 40 to 60 percent range.

Female-headed households with children require special consideration and assistance because of their greater need for affordable housing and accessible day care, health care, and other supportive services. In Aliso Viejo, female headed households are concentrated in a Census tract in the southeastern area of the City (Figure CP-9). This tract has 20 to 40 percent of children living in female-headed households, compared to less than 20 percent in the remainder of the City.
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Figure CP-9Figure CP-6
Percentage of Adults Living Alone, Aliso Viejo
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Figure CP-10Figure CP-7
Percentage of Adults Living with their Spouse, Aliso Viejo 570

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Figure CP-11Figure CP-8
Percentage of Children in Married Couple Households, Aliso Viejo 571

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Figure CP-12Figure CP-9
Percentage of Children in Single Female-Headed Households, Aliso Viejo 572

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Income Level
Identifying low- or moderate-income (LMI) geographies and individuals is important in overcoming patterns of segregation. Figure CP-10 shows the LMI areas in South Orange County by Census block group. HUD defines an LMI area as a Census tract or block group where over 51 percent of the population is LMI (based on HUD income definition of up to 80 percent of the AMI). LMI areas are scattered all across the South County region.

Similarly, LMI areas are scattered through Aliso Viejo with the greatest concentration in the northern and eastern portions of the City (Figure CP-11). 573

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Figure CP-13Figure CP-10
Low and Moderate Income (LMI) Areas, South Orange County 574

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Figure CP-14Figure CP-11
Low and Moderate Income (LMI) Areas, Aliso Viejo
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RACIALLY AND ETHNICALLY CONCENTRATED AREAS
Racially/Ethnically Concentrated Areas of Poverty
In an effort to identify racially/ethnically concentrated areas of poverty (R/ECAPs), HUD has identified Census tracts with a majority non-White population (greater than 50 percent) and a poverty rate that exceeds 40 percent, or is three times the average Census tract poverty rate for the metro/micro area, whichever threshold is lower. In Orange County, R/ECAPs are scattered in small sections in four areas, consisting of six Census tracts.

There are no R/ECAPs in Aliso Viejo.

Figure CP-15Figure CP-12
Racially/Ethnically Concentrated Areas of Poverty (R/ECAPs), Orange County 576

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Racially Concentrated Areas of Affluence
While racially concentrated areas of poverty and segregation have long been the focus of fair housing policies, racially concentrated areas of affluence (RCAAs) must also be analyzed to ensure housing is integrated, a key to fair housing choice. According to a policy paper published by HUD, RCAA is defined as affluent, White communities.

RCAAs have not been studied extensively nor has a standard definition been published by HCD or HUD. For purposes of this fair housing assessment, the percentage White population and median household income are used as proxies to identify potential areas of affluence. Figure CP-13 shows that the City has multiple Census tracts with a high concentration of Whites and high median income (greater than $100,000). Surrounding cities have similar characteristics.

As Table CP-40 shows, White households also tend to have higher median incomes than all the population. In Aliso Viejo, White households earn about $1,000 more than all households and make up 67% of the population.

Table CP-37Table CP-40
White Household Income and Percent Population
Aliso Viejo Orange County
Median Household Income
All Households $112,689 $90,234
White Alone $113,853 $101,958
White Population 67% 52.0%
Source: 2019 American Community Survey, 5-year estimates. 577

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Figure CP-16Figure CP-13
White Population and Median Income Distribution
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ACCESS TO OPPORTUNITY
TCAC/HCD Opportunity Maps
The 2021 TCAC/HCD Opportunity Maps are made from composite index scores of three different domains (economic, environmental, and education) to categorize tracts as low, moderate, or high resource (Table CP-41 shows the full list of indicators). Categorization is based on percentile rankings for Census tracts within the Orange County Region. Higher composite scores mean higher resources. The 2021 TCAC/HCD opportunity maps identified 12 of the 14 Census tracts in Aliso Viejo as High Resource (Table CP-42). One tract was scored as low resource and one as moderate but rapidly changing. 579

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Table CP-38Table CP-41
Domains and List of Indicators for Opportunity Maps
Domain Indicator
Economic Poverty
Adult Education
Employment
Job Proximity
Median home value
Environmental CalEnviroScreen 3.0 pollution Indicators and values Education Math proficiency
Reading proficiency
High School graduation rates
Student poverty rates
Source: California Fair Housing Task Force, Methodology for the 2020 TCA/HCD Opportunity Maps, Table CP-39Table CP-42
Opportunity Map Scores and Categorization (2021)
Census Tract
Economic
Domain Score
Environmental
Domain Score
Education
Domain Score
Composite
Index Score Final Category
06059042320 0.437 0.847 0.678 0.316 High Resource
06059042334 0.312 0.867 0.724 0.285 High Resource
06059062632 0.875 0.636 0.974 0.624 Highest Resource
06059062633 0.898 0.941 0.934 0.709 Highest Resource
06059062634 0.709 0.834 0.723 0.455 Highest Resource
06059062635 0.905 0.927 0.7 0.556 Highest Resource
06059062636 0.556 0.839 0.756 0.414 High Resource
06059062637 0.574 0.849 0.756 0.427 Highest Resource
06059062638 0.653 0.948 0.934 0.599 Highest Resource
06059062639 0.726 0.886 0.619 0.395 High Resource
06059062640 0.444 0.87 0.594 0.268 High Resource
06059062641 0.598 0.821 0.442 0.144 Moderate Resource
(Rapidly Changing)
06059062648 0.002 0.925 0.388 -0.439 Low Resource
06059062649 0.34 0.882 0.7 0.283 High Resource
Source: California Fair Housing Task Force, TCAC/HCD Opportunity Maps, 2020 Statewide Summary Table, December 2020 580

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Opportunity Indicators
The 2020 AI used opportunity indicators developed by HUD to help inform communities about disparities in access to opportunity.

Education
According the 2020 AI, jurisdictions with the highest educational opportunity also appeared to have primarily large concentrations of non-Hispanic Whites and Asian/Pacific Islanders. Irvine, Aliso Viejo, and Huntington Beach were provided as good examples of cities with large populations of those two groups. Other high opportunity cities, by contrast, appear more segregated and more heavily populated by non-Hispanic Whites.

Employment
According to the CA Employment Development Department, in 2020 the average unemployment rate in California was 10.1 percent. For Orange County the rate was 8.8 percent and for the City of Aliso Viejo the unemployment rate in 2020 was 7.5 percent.

Transportation
All Transit explores metrics that reveal the social and economic impact of transit, specifically looking at connectivity, access to jobs, and frequency of service. According to the data provided by the 2020 AI:
“There are no significant disparities between racial/ethnic groups in the low transportation cost index in most jurisdictions in Orange County. Index scores are in the 20s for all groups in Laguna Niguel, Mission Viejo, and San Clemente. Scores are in the low to mid 30s for all racial/ethnic groups in Buena Park, Lake Forest, La Palma, Orange City. Scores are in the high 30s to low 40s for all groups in Aliso Viejo, Anaheim, Fountain Valley, Fullerton, Garden Grove, Irvine, Huntington Beach, La Habra. Scores are moderate (in the high 40s to low 50s) across groups in Costa Mesa, Santa Ana, and Westminster.”
Environmental
The California Office of Environmental Health Hazard Assessment (OEHHA) developed a screening methodology called the California Communities Environmental Health Screening Tool (CalEnviroScreen) to help identify California communities disproportionately burdened by multiple sources of pollution. High scoring Census tracts tend to be more burdened by pollution from multiple sources and are most vulnerable to its effects, taking into account their socioeconomic characteristics and underlying health status. Aliso Viejo had relative low scores, with two Census tracts in the lowest range (1 to 5 percent), two in the 5 to 10 percent range, four in the 10 to 15 percent range and two in the 15 to 20 percent range.
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Figure CP-17Figure CP-14
CalEnviroScreen 4.0 Percentile Scores
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DISPROPORTIONATE HOUSING NEEDS
The AFFH Rule Guidebook defines disproportionate housing needs as “a condition in which there are significant disparities in the proportion of members of a protected class experiencing a category of housing needs when compared to the proportion of a member of any other relevant groups or the total population experiencing the category of housing need in the applicable geographic area.” 24 C.F.R. § 5.152” The analysis is completed by assessing cost burden, severe cost burden, overcrowding, and substandard housing.

The Comprehensive Housing Affordability Strategy (CHAS) developed by the Census Bureau for HUD provides detailed information on housing needs by income level for different types of households. Housing problems considered by CHAS include:
❖ Housing cost burden, including utilities, exceeding 30 percent of gross income; ❖ Severe housing cost burden, including utilities, exceeding 50 percent of gross income;
❖ Overcrowded conditions (housing units with more than one person per room); and/or
❖ Units with physical defects (lacking complete kitchen or bathroom) As shown in Table CP-43, a higher percentage of Black (62 percent) and Hispanic (44 percent), households experience housing problems compared to White (39 percent), Asian (35 percent), and all City households (39 percent). Families with more than five members also experience housing problems disproportionately (50 percent). Aliso Viejo households experience housing problems (47 percent) at lower rates than the County overall (51 percent).

Table CP-40Table CP-43
Demographics of Households with Disproportionate Housing Needs, Aliso Viejo Households Experiencing Any of
4 Housing Problems
Households with
Problems
Number of
Households
Percentage of Households
with Problems
Race/Ethnicity
White, Non-Hispanic 4,840 12,570 38.50%
Black, Non-Hispanic 235 380 61.84%
Hispanic 930 2,120 43.87%
Asian or Pacific Islander, Non- Hispanic 995 2,830 35.16% Native American, Non-Hispanic 20 70 28.57%
Total 7,020 17,970 39.07%
Household Type and Size
Family households, <5 people 3,955 11,390 34.72%
Family households, 5+ people 705 1,420 49.65%
Non-family households 2,635 5,605 47.01%
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Households Experiencing Any of
4 Severe Housing Problems
Households with
Severe Problems
Number of
Households
Percentage of Households
with Severe Problems
Race/Ethnicity
White, Non-Hispanic 2,075 12,570 16.51%
Black, Non-Hispanic 140 380 36.84%
Hispanic 400 2,120 18.87%
Asian or Pacific Islander, Non- Hispanic 425 2,830 15.02% Native American, Non-Hispanic 0 70 0.00%
Cost Burden
A household is considered cost burdened if it spends more than 30 percent of its income in housing costs, including utilities. Black (37 percent) and White (15 percent) households in Aliso Viejo experience cost burdens at higher rates than the Citywide average (14 percent).

Table CP-41Table CP-44
Demographics of Households with Severe Housing Cost Burden, Aliso Viejo Households Experiencing
Severe Housing Cost Burden
Households with
Severe Cost Burden
Number of
Households
Percentage of Households
with Severe Cost Burden
Race/Ethnicity
White, Non-Hispanic 1840 12,570 14.64%
Black, Non-Hispanic 140 380 36.84%
Hispanic 225 2,120 10.61%
Asian or Pacific Islander, Non- Hispanic 350 2,830 12.37% Native American, Non-Hispanic 0 70 0.00%
Total 2,555 17,970 14.22%
Household Type and Size
Family households, <5 people 1010 11390 8.87%
Family households, 5+ people 150 1420 10.56%
Non-family households 730 5605 13.02%
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Figure CP-18Figure CP-15
Cost Burdened/Overpayment for Renters and Owners – Aliso Viejo 585

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Overcrowding
Overcrowding is defined as housing units with more than one person per room (including dining and living rooms but excluding bathrooms and kitchen). According to the 2018 fiveyear ACS estimates, a lower percentage of households across all ethnic groups in Aliso Viejo are living in overcrowded conditions as compared to the County as a whole. There is one Census tract in the northern portion of the City with a higher rate of overcrowding than the rest of the City, with between 8.3 and 12 percent of the population living in overcrowded conditions (Figure CP-16).

Table CP-42Table CP-45
Percentage of Overcrowded Households by Race or Ethnicity, Aliso Viejo vs. Orange County Geography
White,
Non-Hispanic Black Native American
Asian American,
Pacific Islander Hispanic
Orange County 1.95% 6.52% 11.38% 7.76% 25.72%
Aliso Viejo 1.47% 0.00% 0.00% 2.79% 7.47%
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Figure CP-19Figure CP-16
Overcrowded Households, Aliso Viejo vs. Orange County
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Substandard Conditions
The City estimates that less than 2 percent of homes in Aliso Viejo are in substandard condition based on American Home Survey (AHS) data. According to AHS, there are 219 homes without any fuel used, 19 homes without complete plumbing facilities, 191 homes lacking complete kitchen facilities, and 223 without telephone services.

Housing age is frequently used as an indicator of housing condition. In general, residential structures over 30 years of age require minor repairs and modernization improvements, while units over 50 years of age are likely to require major rehabilitation such as roofing, plumbing, and electrical system repairs. As the newest City in Orange County, the majority of the City’s housing is less than 30 years old. Approximately 70 percent of the City’s housing is less than 30 years old, while less than 6 percent of the housing is older than 50 years.

Table CP-43Table CP-46
Number of Housing Units by Year Built, Aliso Viejo
Year Structure Built Number Margin of Error Percentage Margin of Error Built 2014 or later 257 ±75 1.3% ±0.4
Built 2010 to 2013 515 ±133 2.6% ±0.7
Built 2000 to 2009 2,260 ±279 11.5% ±1.5
Built 1990 to 1999 10,623 ±484 54.2% ±2.1
Built 1980 to 1989 4,799 ±332 24.5% ±1.6
Built 1970 to 1979 795 ±171 4.1% ±0.9
Built 1960 to 1969 153 ±91 0.8% ±0.5
Built 1950 to 1959 155 ±96 0.8% ±0.5
Built 1940 to 1949 41 ±48 0.2% ±0.2
Built 1939 or earlier 9 ±13 0.0% ±0.1
Total housing units 19,607 ±384 19,607 –
588

COMMUNITY PROFILE

ALISO VIEJO GENERAL PLAN
CP-121
Displacement Risk
UC Berkeley’s Urban Displacement Project (2018) defines residential displacement as “the process by which a household is forced to move from its residence – or is prevented from moving into a neighborhood that was previously accessible to them because of conditions beyond their control.” As part of this project, the Urban Displacement Project includes an interactive map that displays changes in neighborhood characteristics that may indicate displacement (Figure CP-17). Two key factors in visualizing displacement are the loss of low-income households and increases in rent. One area in Aliso Viejo is identified as being at-risk in the center of the City, south of the 73 Toll Road. There is a larger area identified as at-risk on the map; however, that is in a Census tract in an adjacent City.

Figure CP-20Figure CP-17
Displacement Typology, Aliso Viejo
589

COMMUNITY PROFILE

ALISO VIEJO GENERAL PLAN
CP-122
Other Data
Tenure – Aliso Viejo’s households are primarily homeowners. According to AHS data, just over 60 percent of households are owners while almost 40 percent are renters.

OUTREACH
The City of Aliso Viejo has recently hired a Public Information Officer/Management Analyst. A large portion of the job duties include updating the City’s website, keeping residents and stakeholders current on City events through social media and producing a weekly e-News newsletter. Through this position and their responsibilities, the City intends to engage residents, businesses and other stakeholders in a more robust fashion.

LOCAL DATA AND KNOWLEDGE
The northeast portion of the City, known as Via Iglesia, differs from the remainder of Aliso Viejo in many ways. The Via Iglesia neighborhood was annexed from the County during incorporation but was not part of the City’s original master plan. Via Iglesia consists of a series of fourplexes, unlike other areas of the City, and is largely Hispanic with its own community center and park. It consists of an older housing stock with lower incomes, and requires additional investment to maintain the quality of homes.

Staff also conducted a windshield survey on the City in November of 2021. It is estimated that 75% of the City’s residential area was surveyed. The areas that were predominantly not included were gated communities.

Of the developments visited, the majority had no visible issues. For those that did have some level of disrepair, the most common issue was chipped or peeling paint (4 instances).

Next were fencing issues (3), deteriorated fascia (2), dead or dying landscaping (2), and single instances of roof damage, cracks and general disrepair.

The data above does not include the Via Iglesia neighborhood, where the City found widespread instances of peeling fascia, cracks on garage doors, peeling/chipping paint; older roofs that may require repair or replacement; overflowing dumpsters, illegal electrical wiring, original HVAC systems, fencing in disrepair and possible illegal construction. With these widespread issues, the Via Iglesia community may be suitable for a housing revitalization grant program through use of CDBG funds. 590

COMMUNITY PROFILE

ALISO VIEJO GENERAL PLAN
CP-123

SITES INVENTORY
The City’s residential neighborhoods are virtually built out, and future residential development will likely occur within the City’s mixed-use overlay. This RHNA strategy relies on underutilized office properties where residential uses would be permitted, as anticipated through a residential overlay zone. The locations of the candidate sites to accommodate future housing needs are distributed through the city as shown in the following map.
591

COMMUNITY PROFILE

ALISO VIEJO GENERAL PLAN
CP-124
Integration and Segregation: Race and Income
Census tracts with the highest concentration of minorities and low/moderate-income population (LMI) are located in the northeastern part of the City. The sites inventory identified sites outside this area to offer additional opportunities for lower-income housing in areas with higher opportunity.

Racially/Ethnically Concentrated Areas of Poverty and Affluence While no racially/ethnically concentrated areas of poverty (per HUD’s definition) were found in Aliso Viejo, some tracts with a high concentration of minorities and LMI populations were found in the northeastern part of the City. Census Tract 626.33 can be considered a concentrated area of affluence as it has a large proportion of White population and the highest range in median income. Some sites feasible for lower-income housing and residential recycling sites identified in the sites inventory are in located in more affluent areas. However, sites identified in the sites inventory are locations with more access to opportunities.

Access to Opportunity
Based on the TCAC/HCD Opportunity Maps, the City is categorized as moderate resource to highest resources levels. The sites identified in the site inventory are located in tracts identified as high resource and highest resource. In addition, the City has identified properties in its sites inventory located all around the City.

Disproportionate Housing Needs
The fair housing assessment found Black (non-Hispanic) households have a higher percentage of households with problems at 61.84% in comparison to the County’s 48.29% Black (non-Hispanic) households with problems. The sites inventory identified sites in high opportunity areas to provide access to opportunities and mitigate the disproportional housing needs.
592

COMMUNITY PROFILE

ALISO VIEJO GENERAL PLAN
CP-125

IDENTIFICATION AND PRIORITIZATION OF CONTRIBUTING

FACTORS
The following are contributing factors that affect fair housing choice in Aliso Viejo.

Insufficient and Inaccessible Housing Options in High Opportunity Area The 2020 AI and the Fair Housing Assessment found there was a need to expand access of opportunity for people who identify with any protected classes.

Contributing Factors:
❖ Location and type of affordable housing
❖ Lack of access to opportunity due to high housing cost ❖ Lack of fair housing outreach and enforcement
❖ Availability of affordable housing
❖ Availability of affordable units in a range of sizes
Protecting Existing Residents from Displacement
The analysis found a concentration of households vulnerable to displacement. Based on the AFFH Data Viewer, the households at vulnerable to displacement are towards the center of the city.

Contributing Factors:
❖ Displacement of residents due to economic pressures
❖ Availability of affordable housing
❖ Availability of affordable units in a range of sizes
Provide Access and Inclusion for Persons with Disabilities To address the insufficient number of housing units for persons with disabilities across the county, the City adopted a Housing and Reasonable Accommodation regulation and procedures.

Contributing Factors:
❖ Lack of supportive services for persons with disabilities ❖ Lack of access to resources, such as schools, transportation, and other in-home or community resources, for persons with disabilities
593

COMMUNITY PROFILE

ALISO VIEJO GENERAL PLAN
CP-126
Substandard Conditions
Based on the windshield survey, Via Iglesia neighborhood had more widespread issues throughout the community in comparison to the rest of the city.

Contributing Factors:
❖ Age of housing stock
❖ Cost of repairs or rehabilitation
❖ Lack of community revitalization strategies
594

COMMUNITY PROFILE

ALISO VIEJO GENERAL PLAN
CP-127

SUMMARY OF FAIR HOUSING ISSUES AND ACTIONS FOR

MITIGATION
The following table summarizes fair housing issues in Aliso Viejo and actions the City intends to take to address these issues.

AFH Identified Fair
Housing Issues Contributing Factors City Actions
New Housing Options in
High Opportunity Areas
- Expand access to
opportunity for
protected classes
▪ Location and type of
affordable housing
▪ Lack of access to
opportunity due to high
housing costs
▪ Lack of fair housing
outreach and
enforcement
▪ Availability of affordable
housing
▪ Availability of affordable
units in a range of sizes
▪ Identify sites in high opportunity areas
for new housing development
▪ Explore policies and programs that
increase the supply of affordable housing
▪ Through the Fair Housing Foundation,
the City will conduct landlord education
campaign to educate property owners
about State law prohibiting
discrimination based on household
income
▪ Through the Fair Housing Foundation,
the City will provide fair housing
education and information to apartment
managers and homeowner associations
on why denial of reasonable
modifications/accommodations is
unlawful
▪ Through the Fair Housing Foundation,
the City will conduct fair housing
outreach to tenants, landlords, property
owners, realtors, and property
management companies
Protecting Existing
Residents from
Displacement
▪ Displacement of
residents due to
economic pressures
▪ Availability of affordable
housing
▪ Availability of affordable
units in a range of sizes
▪ Attend quarterly OCHA Housing Advisory
Committee to enhance the exchange of
information regarding the availability,
procedures, and policies related to the
Housing Assistance Voucher program and
regional housing issues
▪ Provide five-year and annual PHA plan
certifications
595

COMMUNITY PROFILE

ALISO VIEJO GENERAL PLAN
CP-128
AFH Identified Fair
Housing Issues Contributing Factors City Actions
Provide Access and
Inclusion for Persons with
Disabilities
▪ Lack of supportive
services for persons with
disabilities
▪ Lack of access to
resources, such as
schools, transportation,
and other in-home or
community resources,
for persons with
disabilities
Review and amend if necessary the City’s
Housing and Reasonable Accommodation
regulations and procedures
596
January 2022 -1- City of Aliso Viejo
Summary of HCD Comments and City Responses
City of Aliso Viejo
January 2022
HCD Comment
(Letter of 10/18/2021)
Revised Draft
Housing Element
Page No.

Response/Revision
A. Review and revision CP 49-55 The evaluation of the prior element has been revised to provide additional information regarding the appropriateness and effectiveness of goals, policies, and related actions in meeting the housing needs of special needs populations.

B.1 Affirmatively furthering fair
housing
CP-91 to 127
H-21
The Community Profile has been revised to include a description of public outreach, an assessment of fair housing, identification and prioritization of contributing factors to fair housing issues and goals, and actions sufficient to overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity. In addition, Program 12 of the Housing Plan has been revised to describe actions the City will take to affirmatively further fair housing.

B.2 Extremely-low-income needs CP-6/7
CP-29
The element has been revised to provide additional data regarding ELI needs. The draft Housing Element as submitted to HCD included projected ELI needs of 50% of the very-low RHNA; therefore, no further revisions are required.

B.3 Housing conditions CP-16 The element has been revised to provide estimates of the number of housing units in need of rehabilitation or replacement.

B.3 Overpayment by Tenure CP-6 The element has been revised to provide overpayment data by tenure and income category (Table CP-7).

B.3 Vacancy Rates and Housing
Prices
CP-21 The draft Housing Element as submitted to HCD included vacancy rates by tenure (Table CP-19) and median home sales prices (Table CP-21). The element has been revised to provide typical rental rates.

B.4 Sites inventory CP-63 Parcel listing. Table CP-34 has been expanded to provide additional data regarding candidate parcels for rezoning. In addition, Table CP-33 has been revised to clarify that the Towers PA is a site and not an approved project.

CP-64 Map of sites. Attachment C-1 of the draft element as submitted to HCD included maps of the candidate sites for rezoning. The element has been revised to include a map showing the locations of the sites in the inventory. 597
January 2022 -2- City of Aliso Viejo
HCD Comment
(Letter of 10/18/2021)
Revised Draft
Housing Element
Page No.

Response/Revision
CP-63 Aggregated sites. The element has been revised to list each parcel-by-parcel number or unique reference, parcel size, zoning, general plan designation, describe any existing uses for any nonvacant sites, and include a calculation of the realistic capacity of each parcel.

CP-63 Realistic capacity. The element has been revised to include an estimate of the number of units that can be accommodated on each site in the inventory.

CP-59 to 61 Nonvacant sites. The element has been revised to provide additional detail regarding the methodology used to determine the additional development potential within the planning period.

CP-63 Large sites. The element has been revised to clarify that there are no parcels larger than 10 acres in the inventory.

CP 48-49 Infrastructure. The element has been revised to include additional analysis regarding the adequacy of infrastructure to serve projected development.

CP 46-47 Environmental constraints. The element has been revised to include additional analysis any known environmental constraints or other known conditions within the City that could impact housing development in the planning period.

CP-59 ADUs. The analysis of potential ADU production has been revised to provide additional analysis of ADU production.

Electronic Sites Inventory Form: Pursuant to Government Code section 65583.3, subdivision (b), the City will submit the HCD sites inventory form with the adopted Housing Element.

B.4 Sites with Zoning for a Variety of
Housing Types
H-19
CP-43
Emergency Shelters: The element has been revised to clarify whether shelter are permitted without discretionary action and describe the development standards of the zones that allow emergency shelters by-right, the capacity of these zones to accommodate the identified housing need for emergency shelters, the applicability of any spacing requirements, typical parcel sizes, whether the sites are nonvacant, and the potential capacity for adaptive reuse. In addition, the analysis should provide an analysis of proximity to transportation and services for these sites, hazardous conditions, and any 598
January 2022 -3- City of Aliso Viejo
HCD Comment
(Letter of 10/18/2021)
Revised Draft
Housing Element
Page No.

Response/Revision
conditions inappropriate for human habitability. In addition, Program 10 has been expanded to include an amendment to emergency shelter parking requirements consistent with AB 139.

H-19
CP-40
Employee Housing: The element has been revised to note that there are no Aliso Viejo residents employed in agricultural occupations and agriculture is not a permitted use in any zoning district. Program 10 has been expanded to include a Zoning Code amendment consistent with the Employee Housing Act (Health and Safety Code Section 17021.5) to allow employee housing for six or fewer employees as a single-family structure and permitted in the same manner as other dwellings of the same type in the same zone. Since agriculture is not a permitted use anywhere in the city, Section 17021.6 is not applicable to Aliso Viejo.

H-20
CP-39
Accessory Dwelling Units: Program 11 has been revised to ensure that City regulations continue to be consistent with current ADU law.

B.5 Governmental constraints CP-59 Land use controls. As noted in the original draft element, the city is almost completely built-out and only one parcel has potential for residential development under current zoning (see Table CP-33). The element has been revised to provide additional analysis of land-use controls as potential constraints on a variety of housing types, including whether 100% residential developments are permitted.

CP-45/46 Fees and exactions. The original draft element included a complete analysis of development fees and exactions. It should be noted that projects do not require a rezoning or variance if they are consistent with the zoning for the property.

CP-45/46 Processing and Permit Procedures: The element has been revised to provide additional analysis regarding the City’s permit processing times and approval procedures. In addition, the element has been revised to provide additional analysis of the approval findings for a Site Development Permit and the criteria for the Director to forward the application to the City Council, and processing and permit procedures’ impacts as potential constraints on housing supply and affordability.
599
January 2022 -4- City of Aliso Viejo
HCD Comment
(Letter of 10/18/2021)
Revised Draft
Housing Element
Page No.

Response/Revision
CP-29 Inclusionary Requirements: The element has been revised to provide additional clarification of inclusionary requirements.

CP-46/47 Codes and Enforcement: The element has been revised to provide additional analysis regarding the City’s building and zoning code enforcement processes and procedures, including any local amendments to the building code, and analyze their impact as potential constraints on housing supply and affordability.

H-18/19 SB 35 streamlined review. Program 9 has been revised to include preparation of written procedures for the SB 35 Ministerial Approval Process.

H-18/19 Zoning, Development Standards, and Fees: Program 9 has been revised in compliance with new transparency requirements for posting all zoning, development standards, and fees on the City’s website.

CP-41 to 44
H-19
Constraints on persons with disabilities. The element has been revised to include additional analysis of potential constraints on housing for persons with disabilities, as follows:

Reasonable Accommodations: The element has been revised to describe reasonable accommodation procedures for providing exception in zoning and land use including typical findings for approval of a reasonable accommodation request.

Definition of Family: The element has been revised to describe the zoning code definition of a family and analyze as a potential constraint on housing for persons with disabilities.

Residential Care Facilities: The element has been revised to provide additional information regarding City regulations for residential care facilities.

In addition, Program 10 has been revised to amend zoning regulations provide additional clarity in conformance with applicable law.

B.6 Nongovernmental constraints CP-34 Land Prices and Cost of Construction: The element has been revised to include additional information regarding the price of land and cost of construction.
600
January 2022 -5- City of Aliso Viejo
HCD Comment
(Letter of 10/18/2021)
Revised Draft
Housing Element
Page No.

Response/Revision
CP-46 Developed Densities and Permit Times: The element has been revised to provide additional analysis of requests to develop housing at densities below those anticipated in the sites inventory and the length of time between receiving approval for a housing development and submittal of an application for building permits.

B.7 Special housing needs CP-9 to 13
CP 41 to 43
H-15 to 17
H-19
Persons with Disabilities: The original draft element included pre-approved SCAG data regarding the total number of Aliso Viejo residents with disabilities by type, as well as the number of seniors with disabilities by type. The element also includes analysis of the special housing needs of persons with disabilities and how the City’s regulations and programs address these needs. Programs 4, 5 and 6 specifically describe City efforts to assist persons with special needs, and Program 10 has also been revised to address the needs of persons with disabilities.

CP-14/15 Farmworkers: The element has been revised to provide additional data and analysis regarding farmworkers in the county as a whole.

C.1 Housing Programs H-12 to 24 Programs have been revised to include a description of the City’s specific role in implementation; definitive implementation timelines; objectives, quantified where appropriate; and identification of responsible agencies and officials.

C.2 Adequate sites H-13/14 As noted in Program 1, the element includes a commitment to rezone adequate sites consistent with State law.

CP-60 Accessory dwelling units. The element has been revised to reflect projected ADU production consistent with 2018-2020 ADU permit trends.

C.3 ELI and special needs
households
H-14/15 As noted in Program 2 of the original draft element, “The priority for the use of in-lieu funds will be to assist the provision of extremely-low- and very-lowincome rental housing, which may include purchasing affordability covenants on existing rental units and/or providing incentives to non-profit developers of rental housing.” This program has been expanded to include special needs housing.

C.4 Removing constraints Issues related to removing constraints are discussed above. 601
January 2022 -6- City of Aliso Viejo
HCD Comment
(Letter of 10/18/2021)
Revised Draft
Housing Element
Page No.

Response/Revision
C.5 Affirmatively furthering fair
housing
CP-93
H-21
Additional analysis of AFFH issues is provided in Section C.7 and Program 12 has been expanded to include additional actions the City will take to further fair housing.

C.6 Accessory dwelling units H-20 Program 11 has been added to include additional incentivizes to promote ADU development for very low-, low-, and moderate-income households.

D. Quantified objectives H-25 Quantified objectives have been added for rehabilitation by income category.

E. Public Participation Appendix C-6 The element has been revised to provide further description of opportunities for public review and how public comments have been addressed in the element.

F. Consistency with General Plan H-2 The Housing Plan has been revised to describe how General Plan consistency will be maintained.

G. Housing in the Coastal Zone CP-22 The element has been revised to provide information regarding housing in the Coastal Zone.
602
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
Omar Dadabhoy, Community Development Director
Planning Services
City of Aliso Viejo
12 Journey, Suite 100
Aliso Viejo, CA 92656
Dear Omar Dadabhoy:

RE: City of Aliso Viejo’s 6th Cycle (2021-2029) Draft Housing Element Thank you for submitting the City of Aliso Viejo’s (City) draft housing element received for review on August 19, 2021. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by a telephone conversation on October 7, 2021 with Rose Rivera, Senior Planner, and yourself. In addition, HCD considered comments from the Welcoming Neighbors Home Initiative pursuant to Government Code section 65585, subdivision (c).

The draft element addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code).

The enclosed Appendix describes the revisions needed to comply with State Housing Element Law.

The City’s statutory deadline to adopt a housing element was October 15, 2021. For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of this statutory deadline, then any rezoning to accommodate the regional housing needs allocation (RHNA), including for lower-income households, shall be completed no later than one year from the statutory deadline. Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i).

For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance.

October 18, 2021
603
Omar Dadabhoy, Community Development Director

Page 2 ends

Aliso Viejo City CouncilJanuary 19, 2022

Aliso Viejo City Council
January 19, 2022