Aliso Viejo City Council
June 7, 2023

Both CSG and CAA are competitive in that they have qualified staff and similar experience. CAA fees are slightly lower in terms of all inclusive fees as well as hourly personnel fees (see table below). All inclusive fees consist of a percentage of permit fees (including plan check fees) in exchange for providing necessary building staff to provide services. Code enforcement officer is not included and is an added hourly cost.

Firm All Inclusive Fee Hourly Fee
Bureau Veritas
60% of plan check fees
plus
Hourly rates for staff
Building Official - $160
Building Inspector - $90-$125
Code Enf Officer - $110-$125
(no recent and relevant code
enforcement experience)
Charles Abbott
Associates
(CAA)
Building & Safety
63% of permit fees (up to $20,000)
58% ($20,001 to $40,000)
48% ($40,001 to $60,000)
43% ($60,001 and higher)
(permit fees include plan check)
plus
Code Enforcement - $85/hour
Building Official - $138
Building Inspector - $90-$105
Code Enf Officer - $85
CSG
Consultants
(CSG)
Building & Safety and Code
Enforcement
65% of permit fees
(permit fees include plan check)
plus
Code Enforcement - $110-$120/hour
Building Official - $160
Building Inspector - $105-$115
Code Enf Officer - $110-$120
Interwest
Not Available Building Official - $160
Building Inspector - $90-$110
Code Enf Officer - $125-$135
(no available code enf staff)
CAA has provided contract building & safety and code enforcement services to the City since its incorporation in 2001. CAA has provided excellent service to date and has consistently been professional to the public as well as internal staff. Given their experience and familiarity with the City as well as competitive costs in comparison to other firms, Staff is recommending that the City Council authorize CAA to continue providing building & safety and code enforcement services for the next five years, beginning FY 2023-24 in the amount not to exceed $600,000, annually.

Attachment:

1. Agreement
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CITY OF ALISO VIEJO

PROFESSIONAL SERVICES AGREEMENT
FOR

BUILDING & SAFETY AND CODE ENFORCEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this day of , 2023, by and between the City of Aliso Viejo, a municipal corporation organized under the laws of the State of California with its principal place of business at 12 Journey, Suite 100, Aliso Viejo, California 92656 (“City”) and CHARLES ABBOTT ASSOCIATES , INC., a CORPORATION, with its principal place of business at 27201 PUERTA REAL, #200, MISSION VIEJO, ca 92691 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of professional BUILDING & SAFETY AND CODE ENFORCEMENT consultant services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional BUILDING & SAFETY AND CODE ENFORCEMENT consultant services to public clients, is licensed in the State of California, and is familiar with the plans of City.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional BUILDING & SAFETY AND CODE ENFORCEMENT consultant services (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Te
rm . The term of this Agreement shall be from JULY 1, 2023 to JUNE 30, 2028, unless earlier terminated as provided herein. The City Manager shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two additional two- year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City 182
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retains Consultant on an independent contractor basis and not as an employee. Consultant shall complete, execute, and submit to City a Request for Taxpayer Identification Number and Certification (IRS FormW -9) prior to commencement of any Services under this Agreement.

Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services.

3.2.2.1 Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.2.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the Services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the Services and Agreement.

3.2.2.3 Should a Force Majeure Event occur, the non -performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.

Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 183
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3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.2.4 S ubstitution of Key Personnel . Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. Any personnel who fail or refuse to perform the Services in accordance with this Agreement and the scope of work , or who are uncooperative, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: ELIZABETH MCCANN, RON MCFARLAND, JONATHAN LOPEZ, AND JAMES PORRAS.

3.2.5 C
ity’s Representative . The City hereby designates the City Manag er, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. The City Manager hereby designates the COMMUNITY DEVELOPMENT DIRECTOR, or his or her designee, as the City’s contact for the implementation of the Services hereunder. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.6 C
onsultant’s Representative . Consultant hereby designates ELIZABETH MCCANN, or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, met hods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 C
oordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.

3.2.8 S tandard of Care; Performance of Consultant . Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that its employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. 184
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3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to s uch laws, rules and regulations, Consultant shall be solely responsible for all costs arising t herefrom.

Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10 I
nsurance.

3.2.10.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

3.2.10.2 T
ypes of I nsurance Required . As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder and without limiting the indemnity provisions of the Agreement, the Consultant in partial performance of its obligations under such Agree ment, shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance. If the existing policies do not meet the Insurance Requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(a) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, with minimum limits of at least $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage . Defense costs shall be paid in addition to the limits.

The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
(b) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
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(c) Professional Liability: Professional Liability insurance with minimum limits of $1,000,000 per claim and in the aggregate.

Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.).

If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
(d) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
(e) Cyber Security and Privacy Liability. Consultant shall procure and maintain insurance with limits of $1,000,000 per occurrence/loss, $2,000,000 general aggregate, which shall include the following coverage:
(1) Liability arisin g from the theft, dissemination and/or use of confidential or personally identifiable information; including but not limited to personally identifiable information (PII), protected health information (PHI), security codes, access codes, passwords, etc.
(2) Network security liability arising from the unauthorized use of, access to, or tampering with computer systems, including hacker or denial of service attacks.
(3) Liability arising from introducing a computer virus into or otherwise causing damage to vendor (firs t-party) or
customer’s (third party) computer, computer system, network, or similarly related property and the data, software, and programs.
(4) Liability arising from professional misconduct or lack of the requisite skill required for performing services defined in the contract or agreement.
(5) Costs associated with restoring, updating, or replacing data. (6) Costs associated with a privacy breach, including notification costs, customer support, forensics, crises management, public 186
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relations consulting, legal services of a privacy attorney, credit monitoring, and identity fraud resolution services for affected individuals.
(7) If coverage is maintained on a claims- made basis, consultant shall maintain such coverage for an additional three (3) years following termination of the contract.

3.2.10.3 Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
(a) The policy or policies of insurance required by Section 3.2.10.2 (a) Commercial General Liability, (b) Automobile Liability Insurance, (f) Cyber Security and Privacy shall be endorsed to provide the following:
(1) Additional Insured: The City of Aliso Viejo , its officials, officers, employees, agents, and volunteers
shall be additional insureds with regard to liability and defense of suits or claims arising out of the
performance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to “ongoing operations”; (2) exclude “contractual liability”; (3) restrict coverage to “sole” liability of Consultant; or (4) contain any other exclusions contrary to the Agreement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-
payment of premium.
(b) The policy or policies of insurance required by Section 3.2.10.2 ( c) Professional Liability shall be endorsed to provide the following:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-
payment of premium.
(c) The policy or policies of insurance required by Section 3.2.10.2 ( d) Workers’ Compensation shall be endorsed to provide the following:
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(1) Waiver of Subrogation: A waiver of subrogation
stating that the insurer waives all rights of subrogation against the indemnified parties.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-
payment of premium.
(d) The policy or policies of insurance required by Section 3.2.10.2 ( e) Fidelity Bond coverage or Commercial Crime insurance shall b e endorsed to provide the following:
(1) Loss Payees; The City of Aliso Viejo , its officials, officers, employees, agents, and volunteers shall be
named as Loss Payees.
(2) Waiver of Subrogation: A waiver of subrogation
stating that the insurer waives all rights of subrogation against the indemnified parties.
(3) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-
payment of premium.

3.2.10.4 Primary and Non-Contributing Insurance. All insurance coverages shall be primary and any other insurance, deductible, or self -insurance maintained by the indemnified parties shall not contribute with this primary insuran ce. Policies shall contain or be endorsed to contain such provisions.

3.2.10.5 W aiver of Subrogation. Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.

3.2.10.6 D
eductible . Any deductible or self -insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.2.10.7 E
vidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior 188
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to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.2.10.8 Failure to Maintain Coverage. Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Agreement.

In the event that the Consultant’s operations are suspende d for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Services because of production lost during suspension.

3.2.10.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best’s rating of no less than A- (or higher) and Financial Size Category Class VII (or larger) and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.2.10.10 I
nsurance for Subconsultants. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Consultant (hereinafter collectively “subcontractor”), provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Consultant’s subcontractor cannot comply with this requirement, which proof must be submitted to the Agency, Consultant shall be required to ensure that its subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with subcontractor’s scope of work and services, with limits less than required of the Consultant, but in all other terms consistent with the Consultant’s requirements under this agreement. This provision does not relieve the Consultant of its contractual obligations under the agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide Consultant with the ability to utilize a subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Consultant under this agreement given the limited scope of work or services provided by the subcontractor. Consultant agrees that upon request, all agreements with subcontractors, and others engaged in the project, will be submitted to Agency for review.

3.2.10.11 A
gency’s right to revise specifications. The Agency reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the Agency and Consultant may renegotiate Consultant’s compensation.
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3.2.10.12 Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on co verage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency.

3.2.11 S
afety . Consultant shall execute and maintain its work so as to avoid injury or damage to any person or p roperty. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions where applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all of its employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing appar el as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed THREE MILLION DOLLARS ($3,000,000) (“Total Compensation”) without written approval of City’s CITY MANAGER. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 P
ayment of Compensation.

Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all non-disputed and approved charges thereon.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 E xtra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be nec essary for the proper completion of the Project, but which the Parties 190
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did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.5 Prevailing Wages; DIR Registration.

3.3.5.1 Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.

Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.3.5.2 If the Services are being performed as part of an applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection . Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at 191
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least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be com pensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 A
dditional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5.2 D
elivery of Notices . All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant:

Charles Abbott Associates, Inc.
27201 Puerta Real, #200
Mission Viejo, CA 92691
Attn: Ron Grider, PE
City:

City of Aliso Viejo
12 Journey, Suite 100
Aliso Viejo, CA 92656
Attn: So Kim, Community Development Director
Such notice shall be deemed made when personally delivered or when mailed, forty- eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Data; Licensing of Intellectual Property . This Agreement creates a non -exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawi ngs or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all 192
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subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written informat ion, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.5.3.3 C
onfidential Information. The City shall refrain from releasing Consultant’s proprietary information (“Proprietary Information”) unless the City’s legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant’s objection to the City’s release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to com pel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City’s choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.5.4 F
raud Policy. Consultant shall provide a copy of the City’s Fraud Preve ntion Policy to each of its employees assigned to perform Services under this Agreement. Consultant shall submit to the City a statement signed by an authorized representative for Consultant certifying receipt of the City’s Fraud Prevention Policy. A find ing by the City that any of Consultant’s employees have committed fraud against the City or have violated the City’s Fraud Prevention Policy shall be grounds for appropriate discipline, up to and including such employee’s removal from performance of this Agreement at City’s request and/or termination of this Agreement.

Consultant shall reimburse the City for any costs and expenses associated with fraud against the City.
193
60367.01100\41338493.1

- 13 -

3.5.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.6 A ttorney’s Fees. If either party commences an action against the other party, either legal, administrativ e or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.

3.5.7 In
demnification .

3.5.7.1 To the fullest extent permitted by law, Consultant shall defend(with counsel of City’s approval, whose approval will not be unreasonably withheld), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, erro rs or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorneys’ fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by the Consultant or the City, its officials, officers, employees, agents or volunteers.

3.5.7.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.5.8 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, an d supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.9 G
overning Law . This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

3.5.10 T ime of Essence. Time is of the essence for each and every provision of this Agreement.

3.6 S uccessors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
194
60367.01100\41338493.1

- 14 -

3.7 Assignment or Transfer. Consultant shall not assign, hy pothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.8 C
onstruction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shal l be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days.

All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.9 A
mendment; Modification . No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.10 Wai ver . No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.11 N
o Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.12 I nvalidity; Severability . If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.13 P
rohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.14 E
qual Opportunity Employment . Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, disability , ancestry, sex or age or any other protected category under federal, state or local laws. Such non- discrimination shall 195
60367.01100\41338493.1

- 15 -

include, but not be l imited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.15 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self -insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.16 A
uthority to Enter Agreement . Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.17 C
ounterparts . This Agreement may be signed in counterparts, each of which shall constitute an original.

3.18 D eclaration of Political Contributions . Consultant shall, throughout the term of this Agreement, submit to City an annual statement in writing declaring any political contributions of money, in- kind services, or loan made to any member of the City Council within the previous twelve-month period by the Consultant and all of Consultant’s employees, including any employee(s) that Consultant intends to assign to perform the Services described in this Agreement.

3.19 Subcontracting.

3.19.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[Signatures on following page.]

196
60367.01100\41338493.1

- 16 -

SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ALISO VIEJO AND CHARLES ABBOTT ASSOCIATES, INC.

IN WITNESS WHEREOF, the parties have executed this Professional Services Agreement on this ____ day of __________, 2023.

CITY OF ALISO VIEJO

Approved:

By:

David Doyle
City Manager

ATTEST:

By: _______________________________
Mitzi Ortiz, MMC
City Clerk
APPROVED AS TO FORM:
______________________________
Best Best & Krieger LLP
City Attorney

APPROVED AS TO COMPLIANCE

WITH BUDGET
By:

Ann Eifert
Director of Financial Services
CHARLES ABBOTT ASSOCIATES, INC.

[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By:

Its:

Printed Name:

By:

Its:

Printed Name:_________________________

197
60367.01100\33489632.1

-15- City of Aliso Viejo Request for Proposals

CITY OF ALISO VIEJO

DECLARATION OF POLITICAL CONTRIBUTIONS

Using the space provided below, please list any political contributions of money, in-kind services, or loans made to any member of the City Council within the last twelve (12) months by the applicant and all of applicants employees, including any employee(s) that applicant intends to assign to perform the work or services described in Agreement dated ________________. If none, please state so:

To the best of my knowledge, I declare under penalty of perjury that the foregoing is true and was executed at:

City, State Date

Name of Business Print Name

Signature

This executed form must be submitted with the Proposal.

None
Mission Viejo, CA
Charles Abbott Associates, Inc.
04/18/2023
Rusty R. Reed
198
60367.01100\33489632.1
-16-
City of Aliso Viejo
Request for Proposals

CITY OF ALISO VIEJO

ACKNOWLEDGMENT OF RECEIPT OF FRAUD POLICY
I hereby acknowledge that I have received a copy of the City’s “Fraud Prevention Policy” dated October 1, 2008. I understand that I am to promptly read its contents and distribute copies to employees assigned to perform Services for the City of Aliso Viejo.

To the extent that provisions of this policy conflict with previously issued policies or practices, whether or not such policies and practices were contained in written policies, this policy shall prevail.

Name of Business Print Name
Signature

Date
This executed form must be submitted with the Proposal.

Charles Abbott Associates, Inc. (CAA) Rusty R. Reed
04/18/2023
199
60367.01100\41338493.1
A-1

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60367.01100\41338493.1
C-1

EXHIBIT “C”

COMPENSATION
In the event that this Agreement is renewed pursuant to Section 3.1.2, hourly rates will remain unchanged for years one through three; years four and five may be increased annually in an amount not to exceed 3% of the hourly wage.
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The fees outlined below are inclusive of all costs, including general and administrative, travel, per diem, training, materials, supplies, and other items necessary to complete the project.

Hourly rates will remain unchanged for years one through three; years four and five may be increased annually in an amount not to exceed 3% of the hourly wage. Any increases will be discussed with the City in advance.

CAA offers to continue to provide all Building/Safety Services for the current percentage of the fees collected for permits by the City.

Monthly Fees Collected CAA % of Fees
First $20,000 63%
Additional amounts between $20,001- $40,000 58%
Additional amounts between $40,001 - $60,000 48%
Additional amounts over $60,001 43%

In the percentage of fees (or revenue sharing) model, as construction activity increases and there is more work to be performed, the amount collected by CAA only increases as the revenue to the City increases also. Conversely, the amount collected by CAA decreases when
the amount of work drops and the City collects
less permit fees as a result. This minimizes the
financial risk for the City and shifts the
responsibility for economic fluctuations and
construction activity entirely to CAA. By using the
percentage of the fee model, CAA helps reduce
fixed costs and overhead, and ensures that
building department costs will not exceed
revenues. And by sharing in the City’s revenue,
CAA has a vested interest in becoming an
integrated part of the community, as well as
improving operational systems and processes
where needed to serve the City as efficiently as
possible.

Additionally, it has become increasingly hard to
find qualified building staff, and CAA can help
eliminate the recruiting challenges for these
vitally important positions. At the same time, CAA
is able to quickly increase staffing as needed
when there are changes in workload.

Under this option, code enforcement will be provided at the current hourly rate below.

Service Provided Hourly Rate
Code Enforcement $85

Cost Proposal

209
City of Aliso Viejo

AGENDA ITEM
DATE: June 7, 2023
TO: Mayor and City Council
FROM: Shaun Pelletier, City Engineer
SUBJECT: AGREEMENT WITH CHARLES ABBOTT ASSOCIATES, INC. FOR

ENVIRONMENTAL CONSULTING SERVICES
______________________________________________________________________ Recommended Actions:

1. Approve a 3-year agreement with Charles Abbott Associates, Inc. to perform environmental consulting services; and

2. Authorize the City Manager to execute a professional services agreement with Charles Abbott Associates, Inc. for an amount of $900,000.

Fiscal Impact:

The total cost of the agreement is $900,000 for three years. The FY 2023-24 budget includes $60,000 for solid waste services and $220,000 for storm water services. An additional $20,000 is estimated annually for environmental plan checks and inspections required for development projects and will be funded and reimbursed by the developer.

Background:

Environmental consultant services are required to ensure the City is compliant with federal, state, and local regulations in stormwater and solid waste management. These services were previously combined with the City’s agreement to provide building and safety and code enforcement services and are now in a separate agreement.

A request for proposals (RFP) was issued for environmental consultant services on March 23, 2023, and was advertised on the City website. On April 20, 2023, staff received one (1) proposal for providing the requested services. Staff reviewed the proposal for their ability to perform the service, ability to meet time requirements, reference checks, and reasonableness of cost.

Discussion:

Staff recommends Charles Abbott Associates to perform the environmental consultant services because of the thoroughness of their work plan their experience in providing 210

similar services for other municipalities. They have successfully provided these services for the City since 2001. The City has the option to renew the agreement for two (2) additional one-year terms.

Attachment:

1. Agreement with Charles Abbott Associates, Inc.
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City of Aliso Viejo

AGENDA ITEM
DATE: June 7, 2023
TO: Mayor and City Council
FROM: Shaun Pelletier, City Engineer
SUBJECT: AGREEMENT WITH CHARLES ABBOTT ASSOCIATES, INC. FOR

PUBLIC WORKS CONSULTING SERVICES
______________________________________________________________________ Recommended Actions:

1. Approve a 5-year agreement with Charles Abbott Associates, Inc. to perform public works consulting services; and

2. Authorize the City Manager to execute a professional services agreement with Charles Abbott Associates, Inc. with a compensation amount of $140,000 annually, and total compensation not to exceed $700,000 over the 5-year term.

Fiscal Impact:

The FY23-24 budget includes $125,000 for public works inspection services. Some of these costs will be offset by developer or utility company permits, which require reimbursement of inspection services. Public works plan checking services are non- budgeted recoverable costs only utilized as needed for private development projects estimated at $15,000 per year.

Background:

Public works consulting services may include inspection, development plan checking, and administrative services. Inspection services are required to ensure construction in or adjacent to public right-of-way is completed without damaging city infrastructure and meets required standards. Some private property improvements are also inspected as part of the permitting process.

Public works plan checking is an optional service that would be requested as needed for private development project permitting. The scope also includes optional public works administrative services to assist with permit issuance and documentation, maintaining public works files, or responding to public inquiries.

A request for proposals (RFP) was issued for public works services on March 27, 2023, and was advertised on the City website. On April 21, 2023, staff received three (3) 244

proposals for providing the requested services. Staff reviewed the proposals for their ability to perform the service, ability to meet time requirements, reference checks, and reasonableness of cost.

Discussion:

Staff recommends Charles Abbott Associates to perform the public works consulting services because of the thoroughness of their work plan and their experience in providing similar services for other municipalities. They have successfully provided these services for the City since 2001. The City has the option to renew the Agreement for two (2) additional one-year terms.

Attachment:

1. Agreement with Charles Abbott Associates, Inc.
245
60367.01100\33488377.1

- 1 -

CITY OF ALISO VIEJO

PROFESSIONAL SERVICES AGREEMENT
FOR

PUBLIC WORKS CONSULTING SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this day of , 20___, by and between the City of Aliso Viejo, a municipal corporation organized under the laws of the State of California with its principal place of business at 12 Journey, Suite 100, Aliso Viejo, California 92656 (“City”) and Charles Abbott Associates, Inc., a corporation, with its principal place of business at 27201 Puerta Real, #200, Mission Viejo, CA 92691(“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of professional public works consultant services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional public works consultant services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such services for the Public Works Consulting Services project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services . Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional public works consultant services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Serv ices shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from July 1, 2023 to June 30, 2028, unless earlier terminated as provided herein. The City Manager shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than tw o additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.
246
60367.01100\33488377.1

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3.2.1 Control and Payment of Subordinates; Independent Contractor . The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an e mployee.

Consultant shall complete, execute, and submit to City a Request for Taxpayer Identification Number and Certification (IRS FormW -9) prior to commencement of any Services under this Agreement. Neither City, nor any of its officials, officers, dir ectors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant retains the right to perform similar or different services for others dur ing the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant sha ll pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services.

3.2.2.1 Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.2.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the r easonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental a uthorities that are required for the S ervices); (4) strikes and other organized labor action occurring at the site and the effects thereof on the S ervices, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinance s, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the Services and Agreement.

3.2.2.3 Should a Force Majeure Event occur, the non- performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made 247
60367.01100\33488377.1

- 3 -

to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.

Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.2.3 Conformance to Applicable Requirements . All work prepared by Consultant shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel . Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, i ncompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City.

The key personnel for performance of this Agreement are as follows: Ron Grider.

3.2.5 City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall hav e the power to act on behalf of the City for all purposes under this Contract. The City Manager hereby designates Public Works Director/City Engineer, or his or her designee, as the City’s contact for the implementation of the Services hereunder. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.6 Consultant’s Representative. Consultant hereby Ron Grider, or his or her designee, to act as its representative for the performance of th is Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the profes sional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents and maintains that all employees and su bconsultants have undergone workplace harassment training and completed criminal background checks with no felony or misdemeanor 248
60367.01100\33488377.1

- 4 -

violations within 5 years prior to performance of the Services. Finally, Consultant represents that it, its employees and subc onsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirem ents, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10 Insurance.

3.2.10.1 Time for Compliance . Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

3.2.10.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder and without limiting the indemnity provisions of the Agreement , the Consultant in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance. If the existing policies do not meet the Insurance Requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(a) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, with minimum limits of at least $1,000,000 per occurrence, and if written with an aggregate, the aggregate shall be double the per occurrence limit.

Defense costs shall be paid in addition to the limits.
249
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The policy shall contain no endorsem ents or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
(b) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1) with minimum limits of $1,000,000 each accident.
(c) Contractors Pollution Liability: (not necessary)
Contractors Pollution Liability Insurance covering all of the contractor’s operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanup costs with minimum limits of $5 million per loss and $10 million total all losses. The policy shall contain no endorsements or provisions limiting contractual liability or coverage for cross liability of claims or suits by one insured against another.

If coverage is written on a claims -made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
(d) Professional Liability: Professional Liability insurance with minimum limits of $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.).

If coverage is written on a claims -made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
(e) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
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3.2.10.3 Endorsements. Required insurance policies shall not be in compliance if they include any lim iting provision or endorsement that has not been submitted to the City for approval.
(a) The policy or policies of insurance required by Section 3.2.10.2 (a) Commercial General Liability and (c) Contractor’s Pollution Liability shall be endorsed to provide the following:
(1) Additional Insured: The City of Aliso Viejo , its officials, officers, employees, agents, and volunteers shall be
additional insureds with regard to liability and defense of suits or claims arising out of the performance of the
Agreement.

Additional Insured Endorsements shall not (1) be restricted to “ongoing operations”; (2) exclude “contractual liability”; (3) restrict coverage to “sole” liability of Consultant; or (4) contain any other exclusions contrary to the Agreement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non- payment of premium.
(b) The policy or policies of insurance required by Section 3.2.10.2 (b) Automobile Liability and (d) Professional Liability shall be endorsed to provide the following:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non- payment of premium.
(c) The policy or policies of insurance required by Section 3.2.10.2 (e) Workers’ Compensation shall be endorsed to provide the following:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non- payment of premium.
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3.2.10.4 Primary and Non- Contributing Insurance . All insurance coverages shall be primary and any other insurance, deductible, or self -insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.2.10.5 Waiver of Subrogation. Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.

3.2.10.6 Deductible. Any deductible or self -insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.2.10.7 Evidence of Insurance . The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the Ci ty evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.2.10.8 Failure to Maintain Coverage. Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Agreement.

In the event that the Consultant’s operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Services because of production lost during suspension.

3.2.10.9 Acceptability of Insurers . Each such policy shall be from a company or companies with a current A.M. Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.2.10.10 Insurance for Subconsultants . All Subconsultants shall be included as additional insureds under the Consultant’s policies, or the Consultant s hall be responsible for causing Subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subconsultant’s policies.
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3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions where applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching an d shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensat ion shall not exceed Seven Hundred Thousand DOLLARS ( $700,000.00) (“Total Compensation”) without written approval of City’s City Manager . Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation.

Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all non- disputed and approved charges thereon.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 Extra Work . At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.5 Prevailing Wages; DIR Registration.

3.3.5.1 Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant 253
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agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.

Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.3.5.2 If the Services are being performed as part of an applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall b e Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Consultant shall maintain com plete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make tran scripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately r endered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

3.5.1.2 Effect of Termination . If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and 254
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Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant:

Ron Grider
Senior Vice President
27201 Puerta Real, #200
Mission Viejo, CA 92691
City:

City of Aliso Viejo
12 Journey, Suite 100
Aliso Viejo, CA 92656
Attn: Shaun Pelletier, Public Works Department
Such notice shall be deemed made when personally delivered or when mailed, forty- eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Data; Licensing of Intellectual Property . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepare d or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subconsultants to agree in writing that City is granted a non- exclusive and perpetual license for any Documents & Data the subconsultant prepa res under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.

Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 255
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3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such m aterials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry sha ll be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information (“Proprietary Information”) unless the City’s legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant’s objection to the City’s release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its offi cers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City’s choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.5.4 Fraud Policy. Consultant shall provide a copy of the City’s Fraud Prevention Policy to each of its employees assigned to perform Services under this Agreement.

Consultant shall submit to the City a statement signed by an authorized representative for Consultant certifying receipt of the City’s Fraud Prevention Policy. A finding by the City that any of Consultant’s employees have committed fraud against the City or have violated the City’s Fraud Prevention Policy shall be grounds for appropriate discipline, up to and including such employee’s removal from performance of this Agreement at City’s request and/or termination of this Agreement. Consultant shall reimburse the City for any costs and expenses associated with fraud against the City.

3.5.5 Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.6 Attorney’s Fees . If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party i n such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action. 256
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3.5.7 Indemnification.

3.5.7.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fe es and attorneys fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by the Consultant or the City, its officials, officers, employees, agents or volunteers.

3.5.7.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.5.8 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.9 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

3.5.10 Time of Essence. Time is of the es sence for each and every provision of this Agreement.

3.6 City’s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.7 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.8 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shal l be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
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3.9 Construction; References; Captions . Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days.

All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.10 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.11 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.12 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.13 Invalidity; Severability . If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.14 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely f or Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.15 Equal Opportunity Employment . Consultant repr esents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
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3.16 Labor Certification . By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.17 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.18 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.19 Declaration of Political Contributions. Consultant shall, throughout the term of this Agreement, submit to City an annual statement in writing declaring any political contributions of money, in-kind services, or loan made to any member of the City Council within the previous twelve-month period by the Consultant and all of Consultant’s employees, including any employee(s) that Consultant intends to assign to perform the Services described in this Agreement.

3.20 Subcontracting.

3.20.1 Prior Approval Required. Consultant shall not subcontract any portion of the work r equired by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[Signatures on following page.]

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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ALISO VIEJO AND CHARLES ABBOTT ASSOCIATES, INC.

IN WITNESS WHEREOF, the parties have executed this Professional Services Agreement on this ____ day of __________, 2023.

CITY OF ALISO VIEJO

Approved:

By:

David Doyle
City Manager

ATTEST:

By: _______________________________
Mitzi Ortiz, MMC
City Clerk
APPROVED AS TO FORM:
______________________________
Best Best & Krieger LLP
City Attorney

APPROVED AS TO COMPLIANCE

WITH BUDGET
By:

Ann Eifert
Director of Financial Services
CHARLES ABBOTT ASSOCIATES, INC.

[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By:

Its:

Printed Name:

By:

Its:

Printed Name:_________________________

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CITY OF ALISO VIEJO

DECLARATION OF POLITICAL CONTRIBUTIONS
Using the space provided below, please list any political contributions of money, in-kind services, or loans made to any member of the City Council within the last twelve (12) months by Consultant and all of Consultant’s employees, including any employee(s ) that applicant intends to assign to perform the work or services described in this Agreement:

To the best of my knowledge, I declare under penalty of perjury that the foregoing is true and was executed at:

City/County/State Date

Name of Business Print Name

Signature
NOTE: THIS DECLARATION IS INCLUDED AS PART OF THE AGREEMENT AND MUST BE SIGNED AND ATTACHED HERETO. 261
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CITY OF ALISO VIEJO

ACKNOWLEDGMENT OF RECEIPT OF FRAUD POLICY
I hereby acknowledge that I have received a copy of the City’s “Fraud Prevention Policy” dated October 1, 2008. I understand that I am to promptly read its contents and distribute copies to employees assigned to perform Services for the City of Aliso Viejo.

To the extent that provisions of this policy conflict with previously issued policies or practices, whether or not such policies and practices were contained in written policies, this policy shall prevail.

Name of Business Print Name

Signature

Date

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60367.01100\33488377.1

B-1

EXHIBIT “A”

SCOPE OF SERVICES

GENERAL
The City currently contracts for services related to public works inspection, building & safety, planning, and code enforcement. The consultant is responsible for providing all equipment, including computers and vehicles, for all services listed in the Scope of Work.

A. PUBLIC WORKS INSPECTION SERVICES
Provide Public Works inspection services, typically on a part-time, as-needed basis.

• The inspector shall be knowledgeable in Public works plans and construction, Greenbook specifications, and WATCH manual traffic control practices. • Knowledge of stormwater (NPDES) regulations
• Daily tasks generally to include inspection of right-of-way encroachment permit activities, mainly utilities, for compliance with restoration specifications and safety. • Inspection of private development or capital improvements construction as needed. • Efficient communication required with contractors and City Staff. • Familiarity with asset management software and other basic office tools ideal • The City issues approximately 100-150 encroachment permits annually, however, not all require inspections
• Private (grading/landscaping) permits: 5-10 annually
• City averages approximately 2-3 capital improvement projects annually

B. OPTIONAL PUBLIC WORKS SERVICES
Provide a rate schedule showing available positions to provide various as-needed general services. Sample tasks may include, but are not limited to:

• Process engineering permits such as encroachment, grading, landscaping, and other permits.
• Tactfully respond to internal and external customer inquiries. Shall engage engineering staff for review of responses.
• Process public records requests within 10 business days. • Assist in the tracking and accounting of project funds including revenue sources, expenditures, and project account shortfalls/surpluses. • Provide other engineering support services, as needed.

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B-2

EXHIBIT “B”

SCHEDULE OF SERVICES
In the event that this Agreement is renewed pursuant to Section 3.1.2, the first renewal period shall be from July 1, 2028 to June 30, 2029. The second renewal period shall be from July 1, 2029 to June 30, 2030.
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C-1

EXHIBIT “C”

COMPENSATION

Rates shall be per the following cost proposal.

In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be adjusted each year at the time of renewal described in Exhibit “B” in accordance with the annual average Consumer Price Index of the prior calendar year , All Urban Consumers, Los Angeles- Long Beach-Anaheim up to a maximum percentage of five percent (5%).

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Charles Abbott Associates, Inc. 27201 Puerta Real #200 Mission Viejo, CA 92691 Toll Free: (866) 530-4980 www.caa.inc

COST PROPOSAL FOR Public Works Inspection, Building and Safety, Planning and Code Enforcement Services City of Aliso Viejo So Kim, Community Development Director 12 Journey, Suite 100 Aliso Viejo, CA 92656 Due Date: April 21, 2023 by 5:00 p.m. 266
professional government services 2
The fees outlined below are inclusive of all costs, including general and administrative, travel, per diem, training, materials, supplies, and other items necessary to complete the project. Please find the City’s hourly Cost Proposal Form on the following page. Hourly rates will remain unchanged for years one through three; years four and five may be increased annually in an amount not to exceed 3% of the hourly wage. Any increases will be discussed with the City in advance.

Cost Proposal

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Staffing
Estimated
Annual # of
Billable
Hours
Proposed
Hourly
Rate
Estimated
Annual
Billable Amount
Public Works Inspector
Senior Public Works Inspector 792 105.00$ 83,160.00$ Total Public Works 83,160.00$
Building and Safety
Certified Building Official 2080 138.00$ 287,040.00$ Senior Building Inspector 2080 105.00$ 218,400.00$ Building Inspector 1800 90.00$ 162,000.00$ Senior Plan Check Engineer 325 138.00$ 44,850.00$ Plan Check Engineer 75 116.00$ 8,700.00$ Total Building and Safety 720,990.00$
Code Enforcement
Code Enforcement Officer 1040 85.00$ 88,400.00$ Total Code Enforcement 88,400.00$
Planning
N/A
Total Planning
Other Costs
Project Manager 10 192.00$ 1,920.00$
Total Other Costs
Total Contractual Cost
(not-to-exceed) 892,550.00$
Optional Public Works Services
Senior Registered Engineer 50 154.00$ 7,700.00$ Engineering Technician 400 90.00$ 36,000.00$ Total Optional Services 43,700.00$
Staffing Cost Proposal
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professional government services 4
Optionally, CAA offers to continue to provide all Building/Safety Services for the current percentage of the fees collected for permits by the City. Monthly Fees Collected CAA % of Fees First $20,000 63% Additional amounts between $20,001- $40,000 58% Additional amounts between $40,001 - $60,000 48% Additional amounts over $60,001 48% In the percentage of fees (or revenue sharing) model, as construction activity increases and there is more work to be performed, the amount collected by CAA only increases as the revenue to the City increases also. Conversely, the amount collected by CAA decreases when the amount of work drops and the City collects less permit fees as a result. This minimizes the financial risk for the City and shifts the responsibility for economic fluctuations and construction activity entirely to CAA. By using the percentage of the fee model, CAA helps reduce fixed costs and overhead, and ensures that building department costs will not exceed revenues. And by sharing in the City’s revenue, CAA has a vested interest in becoming an integrated part of the community, as well as improving operational systems and processes where needed to serve the City as efficiently as possible. Additionally, it has become increasingly hard to find qualified building staff, and CAA can help eliminate the recruiting challenges for these vitally important positions. At the same time, CAA is able to quickly increase staffing as needed when there are changes in workload. Under this option, code enforcement, public works and engineering services will be provided at the current hourly rates below. Service Provided Hourly Rate Public Works Inspections $105 Engineering Plan Check $116 Engineering Plan Check (Senior Engineer) $138 Code Enforcement $85 269
City of Aliso Viejo

AGENDA ITEM
DATE: June 7, 2023
TO: Mayor and City Council
FROM: Shaun Pelletier, City Engineer
SUBJECT: AGREEMENT WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. FOR ON-CALL CIVIL ENGINEERING SERVICES ______________________________________________________________________ Recommended Actions:

1. Approve a 3-year agreement with Engineering Resources of Southern California, Inc. to perform on-call civil engineering services; and

2. Authorize the City Manager to execute a professional services agreement with Engineering Resources of Southern California, Inc. for an amount of $400,000.

Fiscal Impact:

It is estimated that $360,000 may be needed for civil engineering services from FY 2023- 24 through FY 2026-27. These costs are built into capital project budgets. Funding sources are Measure M, Gas Tax, SB 1, developer fees, General Fund, and any awarded grants. Additional contract funds totaling $40,000 are included for any private, developer reimbursed plan check required.

Background:

The City utilizes on-call civil engineering services to prepare plans, specifications, and estimates for various capital improvement projects, which may consist of road rehabilitation, median improvements, and facility improvements. In addition to this, the on-call civil engineering firm may provide plan checking and general municipal engineering services on an as-needed basis.

A request for proposals (RFP) was issued for on-call civil engineering services on February 16, 2023 and was advertised on the City website. On March 9, 2023, staff received eight (8) proposals for providing the requested services. Staff reviewed the proposals for their ability to perform the service, ability to meet time requirements, reference checks, and reasonableness of cost.
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Staff ranked the firms as follows:

1. Engineering Resources of Southern California

2. NV5

3. Tait

4. Onward Engineering

5. WGZE

6. Quantum Consulting

7. IDS Group

8. Proactive Engineering
Discussion:

Staff recommends Engineering Resources of Southern California to perform on-call civil engineering services because of the thoroughness of their work plan their experience in providing similar services for other municipalities. They have successfully provided these services for the City since 2004. The City has the option to renew the Agreement for two (2) additional one-year terms.

Attachment:

1. Agreement with Engineering Resources of Southern California 271
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City of Aliso Viejo

AGENDA ITEM
DATE: June 7, 2023
TO: Mayor and City Council
FROM: Shaun Pelletier, City Engineer
SUBJECT: FIRST AMENDMENT WITH NICHOLS CONSULTING ENGINEERS,

CHTD FOR PAVEMENT MANAGEMENT PROGRAM SERVICES
______________________________________________________________________ Recommended Actions:

1. Approve a first amendment to the agreement with Nichols Consulting Engineers, CHTD (NCE) to perform pavement management program services to renew the agreement through June 30, 2024, and increase the total compensation under the agreement by $40,000; and

2. Authorize the City Manager to execute the first amendment to the agreement.

Fiscal Impact:

The pavement management program (PMP) services are proposed to be $40,000 in FY 2023-24. FY 2023-24 budget includes funds for the PMP services through gas tax.

Background:

On October 17, 2019, a request for proposal (RFP) for pavement management program services was advertised. By November 4, 2019, staff received two proposals (NCE and IMS) for providing the requested pavement management program services. NCE was selected and was awarded a three-year agreement with two optional one-year extensions on November 20, 2019. Under the initial term of the agreement, NCE completed the City’s Pavement Management Plan in 2020 and 2022.

Discussion:

Measure M2 funds are available for both competitive programs and the Local Fair Share program. To qualify for Measure M2 Fair Share and competitive funds, Orange County Transportation Authority (OCTA) must certify local jurisdictions are in compliance with all of the Renewed Measure M funding program requirements. Local jurisdictions must submit an eligibility package including annually adopting a 7-year Capital Improvement Program (CIP) for streets. Another part of the eligibility package due in even years is the PMP certification that updates the street condition ratings of arterial streets at a minimum 305

of every 2 years, and all other streets every 6 years. The street condition ratings are used to help establish the 7-year CIP.

Staff recommends retaining NCE to update the City’s Pavement Management Plan in 2024 due to their familiarity with the OCTA requirements for preparing pavement management plans that are consistent with the Measure M2 eligibility guidelines. NCE has agreed to retain their base fee from 2019, with a slight increase coming from additional GIS requirements in the 2024 submittal that was not required in 2020 and 2022.

Attachment:

1. First Amendment with NCE
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CITY OF ALISO VIEJO

FIRST AMENDMENT TO AGREEMENT FOR

PAVEMENT MANAGEMENT PROGRAM

1. PARTIES AND DATE.

This First Amendment to the Agreement for Pavement Management Program(“First Amendment”) is entered into on the ____ day of ________, 2022, by and between the City of Aliso Viejo (hereinafter referred to as the “City”) and Nichols Consulting Engineers, CHTD, a corporation, (hereinafter referred to as the “Consultant”). City and Consultant are sometimes collectively referred to herein as the “Parties.”

2. RECITALS.

2.1 Agreement. The Parties entered into an agreement entitled Agreement for On-Call Federal Aid Project Services dated November 20, 2019 (“Agreement”).

2.2 First Amendment. The Parties now desire to amend the Agreement in order to renew the Agreement for two additional one-year terms and increase the total compensation under the agreement by $40,000.

3. TERMS.

3.1 Term.

Pursuant to Section 3.1.2 of the Agreement, the City hereby exercises the option to renew the Agreement and extend the term of the Agreement from July 1, 2022 to June 30, 2024, unless earlier terminated as provided in the Agreement.

3.2 Compensation.

The total compensation for the S ervices provided pursuant to the Agreement and this First Amendment shall not exceed One Hundred Forty Six Thousand Dollars ($146,000.00) without written approval of the City Manager. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this First Amendment at the rates set forth in Exhibit “C” attached to the Agreement and incorporated herein by reference.

3.3 Declaration of Political Contributions . Prior to the City’s approval of this Amendment, Consultant shall submit to City a statement in writing declaring any political contributions of money, in-kind services, or loan made to any member of the City Council within the previous twelve -month period by the Consultant and all of their employees, including any employee(s) that Consultant intends to assign to perform the Services described in this First Amendment.

3.4 Continuing Effect of Agreement. Except as otherwise specifically set forth in this First Amendment, the remaining provisions of the Agreement shall remain in full force and effect.

From and after the date of this First Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this First Amendment. 307
60367.01100\33489405.1

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3.5 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this First Amendment.

3.6 Counterparts. This First Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
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SIGNATURE PAGE FOR FIRST AMENDMENT TO AGREEMENT FOR PAVEMENT

MANAGEMENT PROGRAM SERVICES BETWEEN THE CITY OF ALISO VIEJO

AND NICHOLS CONSULTING ENGINEERS
IN WITNESS WHEREOF, the parties have executed this First Amendment to Agreement on this ____ day of_________, 2023.

CITY OF ALISO VIEJO

Approved:

By:

David Doyle
City Manager

ATTEST:

By: _______________________________
Mitzi Ortiz, MMC
City Clerk
APPROVED AS TO FORM:
______________________________
Best Best & Krieger LLP
City Attorney

APPROVED AS TO COMPLIANCE

WITH BUDGET
By:

Ann Eifert
Director of Financial Services

NICHOLS CONSULTING ENGINEERS

[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By:

Its:

Printed Name:

By:

Its:

Printed Name:_________________________

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CITY OF ALISO VIEJO

DECLARATION OF POLITICAL CONTRIBUTIONS
Using the space provided below, please list any political contributions of money, in-kind services, or loans made to any member of the City Council within the last twelve (12) months by Consultant and all of Consultant’s employees, including any employee(s) that applicant intends to assign to perform the work or services described in this Agreement:

To the best of my knowledge, I declare under penalty of perjury that the foregoing is true and was executed at:

City/County/State Date

Name of Business Print Name

Signature
NOTE: THIS DECLARATION IS INCLUDED AS PART OF THE AGREEMENT AND MUST BE SIGNED AND ATTACHED HERETO.
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CITY OF ALISO VIEJO

ACKNOWLEDGMENT OF RECEIPT OF FRAUD POLICY
I hereby acknowledge that I have received a copy of the City’s “Fraud Prevention Policy” dated October 1, 2008. I understand that I am to promptly read its contents and distribute copies to employees assigned to perform Services for the City of Aliso Viejo.

To the extent that provisions of this policy conflict with previously issued policies or practices, whether or not such policies and practices were contained in wr itten policies, this policy shall prevail.

Name of Business Print Name

Signature

Date

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60367.01100\33489405.1

A-1

EXHIBIT “A”

TO FIRST AMENDMENT TO AGREEMENT FOR

PAVEMENT MANAGEMENT PROGRAM

SCOPE OF SERVICES

The scope of services is to remain unchanged from the Agreement dated November 20, 2019.
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60367.01100\33489405.1

B-1

EXHIBIT “B”

TO FIRST AMENDMENT TO AGREEMENT FOR

PAVEMENT MANAGEMENT PROGRAM

COMPENSATION

See rate sheet attached.
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City of Aliso Viejo

AGENDA ITEM
DATE: June 7, 2023
TO: Mayor and City Council
FROM: Shaun Pelletier, City Engineer
SUBJECT: AQUATIC CENTER EQUPMENT MAINTENANCE
______________________________________________________________________ Recommended Actions:

1. Approve a Second Amendment to the Agreement with Knorr Systems, Inc. to perform Equipment Maintenance Services at Aquatic Center that extends the term one year and increases the compensation amount by $50,000 for a total authorization of $220,000 since 2020; and

2. Authorize the City Manager to execute the Second Amendment to the Agreement.

Fiscal Impact:

Regularly scheduled maintenance of the pool equipment is proposed to cost $28,743.75 for FY 2023-24.

Staff is also recommending including an additional $21,257 in the agreement amount for unforeseen equipment repairs that may become necessary outside of the regular scheduled maintenance scope. Funds for both regular maintenance and equipment repairs are included in the proposed FY 2023-24 budget.

Background:

The Aquatic Center construction was completed in 2009 and opened for its first full season in 2010. During its first six years, only minor maintenance and repairs were made to the pool equipment. More significant equipment repairs and replacements were necessary and completed in 2015-16 to ensure the facility remained in safe and working order. These items included the chemical controllers, chemical pumps, backwash filters, heaters and exhaust fans.

Discussion:

To help protect the new and existing equipment, staff is recommending to contract with the equipment supplier, as the only local firm qualified to maintain the equipment, to provide regular scheduled maintenance on all major equipment. Daily pool maintenance 314
such as cleaning and chemical balancing will continue to be provided by Premier Aquatic Services as part of their existing agreement.

Regular preventative maintenance will help extend the life of the equipment, which has a high replacement cost. Any work recommended outside of the regular maintenance scope will be reviewed by staff and authorized as necessary to keep the pool operating properly.

Staff is recommending Council authorize staff to execute the amended agreement with Knorr Systems, Inc. in FY 2023-24 in an amount not to exceed $50,000, which includes both the regular maintenance and extra work as authorized by staff.

Attachment:

1. Knorr Systems, Inc. Second Agreement Amendment
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City of Aliso Viejo

AGENDA ITEM
DATE: June 7, 2023
TO: Mayor and City Council
FROM: Shaun Pelletier, City Engineer
SUBJECT: SECOND AMENDMENT TO THE AGREEMENT WITH RK ENGINEERING GROUP INC. FOR ON-CALL PARKING AND TRAFFIC ANALYSIS
______________________________________________________________________ Recommended Actions:

1. Approve a second amendment to the agreement with RK Engineering Group, Inc. to perform on-call parking and traffic analysis that renews the agreement for an additional one-year term and increases the total compensation under the agreement by $50,000 for a total amount of $100,000; and

2. Authorize the City Manager to execute the second amendment to the agreement.

Fiscal Impact:

The FY 2023-24 budget includes funds for traffic engineering studies. All traffic development reviews will be reimbursed by the applicant.

Background:

The City utilizes on-call parking and traffic analysis services to perform transportation planning and traffic engineering reviews. This includes completing traffic studies and preparing recommendations to address traffic issues as well as performing traffic reviews for development projects.

Discussion:

A request for proposals (RFP) was issued for on-call parking and traffic analysis on March 4, 2020, which was advertised on the City website and awarded to RK Engineering Group, Inc. on July 1, 2020, for an initial term of three years. On July 21, 2022, the agreement was amended to increase the total compensation amount to $50,000. This second agreement amendment will renew the agreement for an additional one-year term until June 30, 2024, and increase the total compensation under the agreement by $50,000 for a total amount of $100,000. There will be one remaining one-year renewal option available after this term.
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Attachment:

1. Second Agreement Amendment with RK Engineering Group, Inc. 329
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City of Aliso Viejo

AGENDA ITEM
DATE: June 7, 2023
TO: Mayor and City Council
FROM: Shaun Pelletier, City Engineer
SUBJECT: RENEWED MEASURE M ELIGIBILTY
______________________________________________________________________ Recommended Actions:

1. Adopt a 7-year Capital Improvements Program (CIP) for Street Projects;

2. Adopt a Resolution concerning the status of the Circulation Element and Mitigation Fee Program; and

3. Adopt a Resolution concerning the status of the Local Signal Synchronization Plan.

Fiscal Impact:

The City will receive approximately $7.7 million in FY 2023-24 through FY 2029-30 in Measure M2 Fair Share funds.

Background:

To maintain eligibility to receive Measure M2 sales tax revenue, the City is required to submit annual documentation on its transportation related programs to Orange County Transportation Authority (OCTA). Measure M2 Fair Share funds are made available to the City annually. Cities will be apportioned Measure M2 funds by applying a formula using population; miles of MPAH designated roadways, and taxable sales. The City has also applied for and received (or been awarded) about $2.3 million in competitive funds.

Every year, OCTA requires a submittal of the City’s programs and projects affecting circulation and transportation to verify that these elements are in alignment with Measure M2 and countywide plans. This year’s submittal requires the following documentation:

Measure M2 7-year Capital Improvement Program (7-year CIP) The City’s 7-year CIP is a transportation planning and fiscal forecasting document used to guide future programming for transportation CIP projects. The 7-year CIP is consistent with the proposed citywide CIP Budget for FY 2023-24. The submittal of the 7-year CIP 337

does not commit the City to fund the identified improvements, but projects must be included in the 7-year CIP to be eligible to receive Measure M2 funding. This document is updated every year to allow for changes based on maintenance needs or City Council priorities. The CIP emphasizes projects that improve circulation, mitigate traffic congestion, and maintain the City’s investment in existing transportation infrastructure.

Orange County Master Plan of Arterial Highway (MPAH) Consistency The OCTA MPAH was established to provide planning, development, and preservation of a coordinated regional arterial highway network to supplement the countywide freeway system. Measure M2 funding eligibility requires that the City must biennially adopt and maintain a Circulation Element that is consistent with the OCTA MPAH by maintaining an equivalent number of minimum through lanes on each arterial highway shown on the MPAH map.

Mitigation Fee Program
The Mitigation Fee Program is a locally established fee program, which assesses fees used to mitigate the effects of new development on transportation infrastructure.

Biennially, the City must submit a City Council adopted resolution to OCTA certifying that the City has an existing mitigation fee program.

Local Signal Synchronization Plan (LSSP)
The City’s LSSP is a three-year plan identifying traffic signal synchronization, street routes, and traffic signals to be improved in the City. The LSSP must be consistent with the Regional Traffic Signal Synchronization network in the City and must also be consistent with signal synchronization across jurisdictions. This new element must be completed every three years to be eligible to receive Measure M2 funds.

Discussion:

The proposed 7-year CIP for streets is attached. The 7-year CIP includes the City approved 5-year plan which emphasizes rehabilitation work such as slurry sealing and overlays to maintain the condition of the City’s street network. The proposed projects have been assigned to each year based upon priority rankings. Since the exact amount of the funds are not known, it is possible that some projects may not be completed in a given year but it is important to list them to ensure Measure M funds can be utilized where appropriate. If projects are delayed due to funding, it is staff’s intention to still complete them in the priority ranking order.

The attached Council resolution states that the City’s Circulation Element is in conformance with the County’s MPAH and the resolution also reaffirms the City’s existing Mitigation Fee Program. The City’s mitigation fees are established development agreements and/or Conditions of Approval.
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The Local Signal Synchronization Plan update is attached and includes synchronized signal inventory, maintenance budgets, and potential synchronization projects.

Attachments:

1. 7-year Capital Improvements Program for Street Projects

2. Resolution for Circulation Element and Mitigation Fee Program

3. Resolution for Local Signal Synchronization Plan

4. Local Signal Synchronization Plan
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5/18/23, 8:47 AM https://ocfundtracker.octa.net/CIP/report_project_listing https://ocfundtracker.octa.net/CIP/report_project_listing 1/5 Orange County Transportation Authority
FY 2023/24 - FY 2029/30 Capital Improvement Program
TIP ID CP-11272 IMPLEMENTING AGENCY Aliso Viejo, City of Local Project Number: Project Title
Additional Project IDs: Aliso Creek Road Rehab - Enterprise to 73 Type of Work: Road Maintenance Project Description
Type of Work Description: Road Maintenance -Rehabilitation of roadway Rehabilitation of roadway including full depth replacement of failed areas, pavement grinding, andasphalt overlay. 1,400 lf Limits
Aliso Creek Road Rehab - Enterprise to 73
Project Notes

FISCALYEAR FUND TYPE ENGROWCON/IMPO&MTOTAL TOTALESCALATED 2024 Measure M2 Local Fairshare $0 $0 $870,000 $0 $870,000 $896,100 2024 Local Streets and Roadsapportionments $0 $0 $10,000 $0 $10,000 $10,300 Totals: $0 $0 $880,000 $0 $880,000 $906,400
Last Revised: 23-00 - In Progress Total Programmed: $880,000 TIP ID CP-10002 IMPLEMENTING AGENCY Aliso Viejo, City of Local Project Number: 19-OCTA-TSP-3941 Project Title
Additional Project IDs: Aliso Creek Road Traffic Signal Synchronization (Project P) Type of Work: Traffic Signals Project Description
Type of Work Description: Traffic Signals -Coordinate signals within project limits Aliso Viejo's portion of signal timing and equipment upgrades to Aliso Creek Road.

Limits
Aliso Creek Road from El Toro Road to MoultonParkway
Project Notes

FISCALYEAR FUND TYPE ENGROWCON/IMPO&MTOTAL TOTALESCALATED 2024 Measure M2 LocalFairshare $0 $0 $175,000 $0 $175,000 $180,250 Totals: $0 $0 $175,000 $0 $175,000 $180,250
Last Revised: 23-00 - In Progress Total Programmed: $175,000 340
5/18/23, 8:47 AM https://ocfundtracker.octa.net/CIP/report_project_listing https://ocfundtracker.octa.net/CIP/report_project_listing 2/5 TIP ID CP-10003 IMPLEMENTING AGENCY Aliso Viejo, City of Local Project Number: Project Title
Additional Project IDs: Annual Slurry Seal Program
Type of Work: Road Maintenance Project Description
Type of Work Description: Road Maintenance -Slurry seal of roadway Annual program for slurry seal of roadways on residential streets. One fifth of the streets are sealedeach year in accordance with the Pavement Management System.

Limits
Citywide
Project Notes

FISCALYEAR FUND TYPE ENG ROWCON/IMP O&MTOTAL TOTALESCALATED 2024 Measure M2 LocalFairshare $10,000 $0 $740,000 $0 $750,000 $772,200 2024 Local Streets and Roadsapportionments $0 $0 $15,000 $0 $15,000 $15,450 2025 Local Streets and Roadsapportionments $0 $0 $15,000 $0 $15,000 $15,914 2025 Measure M2 LocalFairshare $10,000 $0 $740,000 $0 $750,000 $795,066 2026 Measure M2 LocalFairshare $10,000 $0 $740,000 $0 $750,000 $818,618 2026 Local Streets and Roadsapportionments $0 $0 $15,000 $0 $15,000 $16,391 2027 Measure M2 LocalFairshare $10,000 $0 $740,000 $0 $750,000 $842,877 2027 Local Streets and Roadsapportionments $0 $0 $15,000 $0 $15,000 $16,883 2028 Measure M2 LocalFairshare $10,000 $0 $740,000 $0 $750,000 $867,863 2028 Local Streets and Roadsapportionments $0 $0 $15,000 $0 $15,000 $17,389 2029 Measure M2 LocalFairshare $10,000 $0 $740,000 $0 $750,000 $893,599 2029 Local Streets and Roadsapportionments $0 $0 $15,000 $0 $15,000 $17,911 2030 Measure M2 LocalFairshare $10,000 $0 $740,000 $0 $750,000 $920,107 2030 Local Streets and Roadsapportionments $0 $0 $15,000 $0 $15,000 $18,448 Totals: $70,000 $0 $5,285,000 $0 $5,355,000 $6,028,716
Last Revised: 23-00 - In Progress Total Programmed: $5,355,000 TIP ID CP-12134 IMPLEMENTING AGENCY Aliso Viejo, City of Local Project Number: Project Title
Additional Project IDs: Cedarbrook Rehabilitation Project between Glenwood and Aliso Viejo Parkway Type of Work: Road Maintenance Project Description
Type of Work Description: Road Maintenance -Rehabilitation of roadway Rehabilitation of roadway including full depth replacement of failed areas, pavement grinding, andasphalt overlay (3,200 lf) Limits
Cedarbrook between Glenwood and Aliso ViejoParkway
Project Notes

FISCALYEAR FUND TYPE ENGROWCON/IMPO&MTOTAL TOTALESCALATED 2025 Local Streets and Roadsapportionments $0 $0 $10,000 $0 $10,000 $10,609 2025 Measure M2 Local Fairshare $0 $0 $850,000 $0 $850,000 $901,765 Totals: $0 $0 $860,000 $0 $860,000 $912,374
Last Revised: 23-00 - In Progress Total Programmed: $860,000 341
5/18/23, 8:47 AM https://ocfundtracker.octa.net/CIP/report_project_listing https://ocfundtracker.octa.net/CIP/report_project_listing 3/5 TIP ID CP-11903 IMPLEMENTING AGENCY Aliso Viejo, City of Local Project Number: Project Title
Additional Project IDs: Citywide Bike Lane Study
Type of Work: Bikeways Project Description
Type of Work Description: Bikeways - Planning Plan and design bicycle facilities throughout the City Limits
Citywide
Project Notes
Other-SCAG grant being applied

FISCALYEAR FUND TYPE ENG ROWCON/IMPO&MTOTAL TOTALESCALATED 2024 Measure M2 LocalFairshare $50,000 $0 $0 $0 $50,000 $50,000 2024 Other $200,000 $0 $0 $0 $200,000 $200,000
Totals: $250,000 $0 $0 $0 $250,000 $250,000
Last Revised: 23-00 - In Progress Total Programmed: $250,000 TIP ID CP-10004 IMPLEMENTING AGENCY Aliso Viejo, City of Local Project Number: 14-ALSO-ECP-3728 Project Title
Additional Project IDs: Dairy Fork Wetland
Type of Work: Environmental Cleanup Project Description Type of Work Description: EnvironmentalCleanup - Constructed wetlands Maintenance of wetland to improve water quality of Dairy Fork sub-watershed.

Limits
Dairy Fork Tributary Outfall
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2024 General Fund $0 $0 $0 $10,000 $10,000 $10,000
2025 General Fund $0 $0 $0 $10,000 $10,000 $10,000
2026 General Fund $0 $0 $0 $10,000 $10,000 $10,000
2027 General Fund $0 $0 $0 $10,000 $10,000 $10,000
2028 General Fund $0 $0 $0 $10,000 $10,000 $10,000
2029 General Fund $0 $0 $0 $10,000 $10,000 $10,000
2030 General Fund $0 $0 $0 $10,000 $10,000 $10,000
Totals: $0 $0 $0 $70,000 $70,000 $70,000
Last Revised: 23-00 - In Progress Total Programmed: $70,000 TIP ID CP-10006 IMPLEMENTING AGENCY Aliso Viejo, City of Local Project Number: Project Title
Additional Project IDs: Enterprise Rehab - Aliso Creek Road to Aliso Viejo Parkway Type of Work: Road Maintenance Project Description
Type of Work Description: Road Maintenance -Rehabilitation of roadway Rehabilitation of roadway including full depth replacement of failed areas, pavement grinding, andasphalt overlay.

Limits
Aliso Creek Road to Aliso Viejo Parkway (1,450 lf)
Project Notes

FISCALYEAR FUND TYPE ENGROWCON/IMP O&MTOTAL TOTALESCALATED 2024 Local Streets and Roadsapportionments $0 $0 $1,435,000 $0 $1,435,000 $1,478,050 2024 Measure M2 LocalFairshare $0 $0 $10,000 $0 $10,000 $10,300 Totals: $0 $0 $1,445,000 $0 $1,445,000 $1,488,350
Last Revised: 23-00 - In Progress Total Programmed: $1,445,000 342
5/18/23, 8:47 AM https://ocfundtracker.octa.net/CIP/report_project_listing https://ocfundtracker.octa.net/CIP/report_project_listing 4/5 TIP ID CP-10007 IMPLEMENTING AGENCY Aliso Viejo, City of Local Project Number: Project Title
Additional Project IDs: Glenwood Rehab - SR73 to Aliso Creek Road Type of Work: Road Maintenance Project Description
Type of Work Description: Road Maintenance -Reconstruction of roadway Rehabilitation of roadway including full depth replacement of failed areas, pavement grinding, andasphalt overlay (2,700 lf) Limits
Glenwood from 73 Freeway to Aliso Creek Road
Project Notes

FISCALYEAR FUND TYPE ENG ROWCON/IMPO&MTOTAL TOTALESCALATED 2024 Measure M2 LocalFairshare $50,000 $0 $0 $0 $50,000 $50,000 2024 Local Streets and Roadsapportionments $10,000 $0 $0 $0 $10,000 $10,000 2025 Measure M2 LocalFairshare $0 $0 $10,000 $0 $10,000 $10,609 2025 Local Streets and Roadsapportionments $0 $0 $940,000 $0 $940,000 $997,246 Totals: $60,000 $0 $950,000 $0 $1,010,000 $1,067,855
Last Revised: 23-00 - In Progress Total Programmed: $1,010,000 TIP ID CP-10014 IMPLEMENTING AGENCY Aliso Viejo, City of Local Project Number: 16-ALSO-ECP-3844 Project Title
Additional Project IDs: Stormwater Litter Control Project - Phase 4 Type of Work: Environmental Cleanup Project Description Type of Work Description: EnvironmentalCleanup - Catchment Retrofit Storm Water Pollution Project - This project will include installation of Bio Clean High Capacity FilterInserts on storm drain catch basins located on Public Streets within the City of Aliso Viejo. This is formaintenance of catch basin filters.

Limits
Various catch basins throughout the City
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2024 General Fund $0 $0 $0 $11,100 $11,100 $11,100
2025 General Fund $0 $0 $0 $11,100 $11,100 $11,100
2026 General Fund $0 $0 $0 $11,100 $11,100 $11,100
Totals: $0 $0 $0 $33,300 $33,300 $33,300
Last Revised: 23-00 - In Progress Total Programmed: $33,300 TIP ID CP-10015 IMPLEMENTING AGENCY Aliso Viejo, City of Local Project Number: 17-ALSO-ECP-3878 Project Title
Additional Project IDs: Stormwater Litter Control Project - Phase 5 Type of Work: Environmental Cleanup Project Description Type of Work Description: EnvironmentalCleanup - Catchment Retrofit Storm Water Pollution Proj-This project will include installation of Bio Clean high Capacity Filter insertson storm drain catch basins located on Public Streets. ECP funding approved in 2017. This is formaintenance of catch basin filters.

Limits
Various catch basins throughout the City
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2024 General Fund $0 $0 $0 $7,000 $7,000 $7,000
2024 Gas Tax $0 $0 $0 $23,000 $23,000 $23,000
2025 Gas Tax $0 $0 $0 $23,000 $23,000 $23,000
2025 General Fund $0 $0 $0 $7,000 $7,000 $7,000
2026 Gas Tax $0 $0 $0 $23,000 $23,000 $23,000
2026 General Fund $0 $0 $0 $7,000 $7,000 $7,000
2027 Gas Tax $0 $0 $0 $23,000 $23,000 $23,000
2027 General Fund $0 $0 $0 $7,000 $7,000 $7,000
Totals: $0 $0 $0 $120,000 $120,000 $120,000
Last Revised: 23-00 - In Progress Total Programmed: $120,000 343
5/18/23, 8:47 AM https://ocfundtracker.octa.net/CIP/report_project_listing https://ocfundtracker.octa.net/CIP/report_project_listing 5/5 TIP ID CP-10016 IMPLEMENTING AGENCY Aliso Viejo, City of Local Project Number: Project Title
Additional Project IDs: Wood Canyon Wetland
Type of Work: Environmental Cleanup Project Description Type of Work Description: EnvironmentalCleanup - Constructed wetlands Maintenance of wetland to improve water quality in the Wood Canyon Wetland Limits
Wood Canyon Wetland
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2024 General Fund $0 $0 $0 $5,000 $5,000 $5,000
2025 General Fund $0 $0 $0 $5,000 $5,000 $5,000
2026 General Fund $0 $0 $0 $5,000 $5,000 $5,000
2027 General Fund $0 $0 $0 $5,000 $5,000 $5,000
2028 General Fund $0 $0 $0 $5,000 $5,000 $5,000
2029 General Fund $0 $0 $0 $5,000 $5,000 $5,000
2030 General Fund $0 $0 $0 $5,000 $5,000 $5,000
Totals: $0 $0 $0 $35,000 $35,000 $35,000
Last Revised: 23-00 - In Progress Total Programmed: $35,000 344

RESOLUTION NO. 2023-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO

VIEJO, CALIFORNIA CONCERNING THE STATUS AND UPDATE OF

THE CIRCULATION ELEMENT, AND MITIGATION FEE PROGRAM FOR THE MEASURE M (M2) PROGRAM
WHEREAS, the City of Aliso Viejo desires to maintain and improve the streets within its jurisdiction, including those arterials contained in the Master Plan of Arterial Highways (MPAH); and
WHEREAS, the City of Aliso Viejo has endorsed a definition of and process for, determining consistency of the City’s Traffic Circulation Plan with the MPAH; and WHEREAS, the City has adopted a General Plan Circulation Element which does not preclude implementation of the MPAH within its jurisdiction; and WHEREAS, the City is required to adopt a resolution biennially informing the Orange County Transportation Authority (OCTA) that the City Circulation Element is in conformance with the MPAH and whether any changes to any arterial highways of said Circulation Element have been adopted by the City during Fiscal Years (FY) 2021-22and FY 2022-23; and
WHEREAS, the City is required to send biennially to the OCTA all recommended changes to the City Circulation Element and the MPAH for the purposes of re-qualifying for participation in the Comprehensive Transportation Funding Programs; and WHEREAS, the City is required to adopt a resolution biennially certifying that the City has an existing Mitigation Fee Program that assesses traffic impacts of new development and requires new development to pay a fair share of necessary transportation improvements attributable to the new development;
NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Aliso Viejo, does hereby inform OCTA that:
a) The arterial highway portion of the Circulation Element of the City is in conformance with the MPAH.
b) The City attests that no unilateral reduction in through lanes has been made on any MPAH arterials during FY 2021-22 and FY 2022-23. c) The City affirms that it will bring forward requests to amend the MPAH, when necessary, in order to ensure that the MPAH and the General Plan Circulation Element remain consistent.
d) The City reaffirms that the existing Mitigation Fee Program is in effect. 345

PASSED, APPROVED AND ADOPTED this 7th day of June, 2023. __________________________
Richard Hurt
Mayor
APPROVED AS TO FORM: ATTEST:

__________________________ __________________________
Scott C. Smith, City Attorney Mitzi Ortiz, MMC, City Clerk 346

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 the foregoing is the original of Resolution No. 2023-__ duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the ___ day of _______, 2023, by the following roll call vote, to wit:

AYES:

NOES:

ABSENT:
___________________________

MITZI ORTIZ, MMC

CITY CLERK
(SEAL)
347

RESOLUTION NO. 2023-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO

VIEJO, CALIFORNIA CONCERNING THE UPDATE OF THE LOCAL
SIGNAL SYNCHRONIZATION PLAN FOR THE MEASURE M (M2)

PROGRAM
WHEREAS, the Orange County Transportation Authority has developed the Regional Traffic Signal Synchronization Master Plan to identify traffic signal synchronization street routes and traffic signals within and across jurisdictional boundaries, and defines the means of implementing the Regional Traffic Signal Synchronization Program; and WHEREAS, the Regional Traffic Signal Synchronization Program requires that local jurisdictions adopt a Local Signal Synchronization Plan consistent with the Regional Traffic Signal Synchronization Master Plan as a key component of local jurisdictions’ efforts to synchronizing traffic signals across local jurisdictions’ boundaries; and WHEREAS, the Local Signal Synchronization Plan must be updated by June 30, 2023, to continue to be eligible to receive Net Revenues as part of Measure M2; NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Aliso Viejo, does hereby inform OCTA that:
a) The City adopts and maintains a Local Signal Synchronization Plan which includes goals that are consistent with those outlined as part of the Regional Signal Synchronization Master Plan, including signal synchronization across jurisdictions.
b) The Local Signal Synchronization Plan identifies traffic signal synchronization street routes, including all elements of the Regional Signal Synchronization Network located within the City.
c) The Local Signal Synchronization Plan includes the traffic signal inventory for all traffic signal synchronization street routes.
d) The Local Signal Synchronization Plan includes a three-year plan showing capital, operations, and maintenance of signal synchronization along the traffic signal synchronization street routes and traffic signals.
e) The Local Signal Synchronization Plan includes an update on the status and performance of traffic signal synchronization activities. f) The Local Signal Synchronization Plan includes a discussion on the review and revision, as may be necessary, on the timing of traffic signals on the traffic signal synchronization street routes.
348

PASSED, APPROVED AND ADOPTED this 7th day of June, 2023. __________________________
Richard Hurt
Mayor
APPROVED AS TO FORM: ATTEST:

__________________________ __________________________
Scott C. Smith, City Attorney Mitzi Ortiz, MMC, City Clerk 349

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 the foregoing is the original of Resolution No. 2023-__ duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the ___ day of _______, 2023, by the following roll call vote, to wit:

AYES:

NOES:

ABSENT:
___________________________

MITZI ORTIZ, MMC

CITY CLERK
(SEAL)
350

June 30, 2023

Orange County Transportation Authority (OCTA)
ATTN: Alicia Yang
Regional Modeling and Traffic Operations
Planning Division
P.O. Box 14184
Orange, CA 92863-1584

Subject: Local Signal Synchronization Plan Submittal as Part of the Measure M2 Eligibility Process

Dear Ms. Yang:

The City of Aliso Viejo is pleased to s ubmit its updated Local Si gnal Synchronization Plan as part of the Measure M2 eligibility process. The submittal includes the following components:

1. A completed “Local Signal Synchroniza tion Plan Consistency Review Checklist” form establishing consistency between th e Local Signal Synchronization Plan and the Regional Traffic Signal Synchronization Master Plan.

2. An updated Local Signal Synchronization Plan fo r Fiscal Years 2023/2024 to 2025/26 including all requi red elements as identified in the “Guidelines for the Preparation of Local Signal Synchronization Plans”.

The City of Aliso Viejo looks forward to continuing the implementation of the beneficial programs and construction projects required and made possible by Measure M2. If you have any questions, please feel free to call me at (949) 425-2533.

Sincerely,

Shaun S. Pelletier, P.E.

City Engineer & Director of Public Works

Enclosures:

A. Local Signal Synchronization Plan Consistency Review Checklist B. Local Signal Synchronization Plan
351
A.

i

LOCAL SIGNAL SYNCHRONIZATION PLAN

CONSISTENCY REVIEW CHECKLIST

The Local Agency Name: CITY OF ALISO VIEJO
Plan Date: JUNE 30, 2023

Local agencies must submit a copy of their Local Signal Synchronization Plan, and any supporting documentation, including the completed consistency review checklist below.

Local Agency Statement Page(s) in
LSSP
Provided
or N/A
1) Signal synchronization goals of the agency are
consistent with those outlined as part of the Regional
Traffic Signal Synchronization Master Plan.

PAGES
2-4 Provided
2) Traffic signal synchronization street routes are
identified, including all corridors along the regional signal synchronization network located within the local agency.

PAGES
5-7 Provided
3) Traffic signal inventory for all traffic signal
synchronization street routes.

PAGES
8-10 Provided
4) Three-year plan separately showing costs, available funding, and phasing for capital, operations, and
maintenance of signal synchronization along the traffic signal synchronization street routes and traffic signals which may include unconstrained and build-out
scenarios.

PAGES
11-14 Provided
5) Signal synchronization review, revision, and
assessment of synchronization activities along the traffic signal synchronization street routes and traffic signals.

PAGES
15-19 Provided

I certify that the above statements are true to the best of my knowledge.

___________________________________________________ ________________ Signature Date

Shaun S. Pelletier, P.E., City Engineer & Director of Public Works

Printed Name, Title

352
B.

LOCAL SIGNAL SYNCHRONIZATION PLAN

353
B.

SECTION ONE

TRAFFIC SIGNAL SYNCHRONIZATION

GOALS, POLICIES, AND OBJECTIVES

354
B.

GOALS

OCTA’s Regional Traffic Signal Synchronization Program (Project P) is included as part of the approved Measure M2. Project P is a multi-agency, corridor-based approach that optimizes the performance of traffic signals based on existing traffic patterns. The goals of the program are to improv e the flow of traffic on Orange County streets and roads by implementing multi-agency signal synchronization.

The City of Aliso Viejo is in concurrence with these goals, and will continue to work cooperatively with OCTA and ad joining agencies to synchr onize signals throughout the City on a corridor basis. Th is cooperation serves to prov ide safe, efficient traffic circulation for our local needs as well as future demands, by continuing to improve travel times and reducing stops.

Over the past nineteen (19) y ears, the City of Aliso Viejo has demonstrated support of Project P’s goals by being proactive in upgrading all our Econolite traffic signal controllers and connecting/completing various traffic signal inte rconnect projects.

These projects have included hardwire interconnect, as well as phone-drop connectivity, to several corridor traffic si gnals that make up the City’s existing Aries and Centracs traffic signal management syst ems. Currently, the City’s systems allow communication to (48) city traffic signals.

The City of Aliso Viejo is also a part of a joint multi-agency ‘central’ system that includes the following five (5) local agencies:

1) Aliso Viejo
2) Laguna Hills
3) Laguna Niguel
4) Laguna Woods
5) Lake Forest

As traffic signal synchronization corridor projects are completed, the City of Aliso Viejo’s traffic signals on the Econolit e Aries system are being transit ioned to the newer central Econolite Centracs system. This central traffic management system allows for street routes to be more easily coordinated across jurisdictional boundaries.

In these past three years, the City has part icipated in two TSSP pr ojects – the Aliso Creek Road corridor, and the Los Alisos B oulevard corridor, which in addition to the timing improvements included upgrading the City’s controllers.

355
B.

POLICIES

The City of Aliso Viejo adopted an initial Local Signal Sync hronization Plan (LSSP) in December 2010, and underst ands it must update it every three years to maintain M2 eligibility and ensure our transportation system continues to function effectively. The purpose of the LSSP is to im plement and maintain coordinat ion of traffic signals along corridors within our City and beyond its borders to regionally maintain safe and efficient flow of vehicular traffic. Project P also provides the opportunity to work with neighboring agencies in order to accomplish mutually-beneficial goals.

For these reasons, it is the City of A liso Viejo’s desire and policy to continue participating in and supporting Project P. The City maintains local control and responsibility of all traffic signals within our jurisdiction, and will continue to be responsible for any changes to our signals, equipment, and policies.

OBJECTIVES

For many years, the City of Aliso Viejo has implemented and maintained corridor-based signal coordination timing via daily traffic signal operations c onsultant support services.

Through these on-going support services, the City periodically evaluates and optimizes coordination signal timing in response to changing traffic volumes and patterns, which we believe alleviates the need for future road widening.

The City concurs that Projec t P is beneficial a nd needed in order to more effectively move people and goods locally and regionally through effici ent signal timing. By participating in Project P, t he City recognizes the benefits gained from local signal timing and synchronization, as well as fr om eligible traffic signal and interconnect equipment upgrades. Moreover, the City rec ognizes this program as a valuable, corridor-based measure for improving ai r quality by reduci ng green-house gas emissions. In participating in Project P as we ll as using the on-goi ng signal operations support services, the City continues to address regional goals while serving constituents in a reasonable manner.

Accordingly, it is the City’s objective to work with adjacent local agencies for possible Project P funding opportunities for re-timing of the traffic signals along all corridors that traverse our City.

356
B.

SECTION TWO

TRAFFIC SIGNAL SYNCHRONIZATION STREET ROUTES
(EXISTING AND PLANNED)

357
B.

TRAFFIC SIGNAL SYNCHRONIZATION STREET ROUTES

EXISTING:

Regional Network:

Priority Corridor Network

1) Pacific Park Drive, from W ood Canyon Drive to Mareblu Lane 2) Alicia Parkway, from Holl yoak to Pacific Park Drive

Signal Synchronization Network

3) Aliso Creek Road, from Glenwood Drive to Wood Canyon Drive 4) El Toro Road, at Bells Viero/Club
5) Glenwood Drive/Pacific Pa rk Drive, from Moulton Parkway to Wood Cyn Drive 6) La Paz Road, at SR-73 Freeway Off-Ramp/Aliso Viejo Plaza ( Caltrans)

Local Network:

Local Signal Synchronization Network

7) Aliso Creek Road, from El Toro Road to Glenwood Drive 8) Aliso Viejo Parkway, from Moul ton Parkway to Aliso Creek Road (S) 9) Wood Canyon Drive, from Pacifi c Park Drive to University Drive

PROPOSED:

Local Signal Synchronization Network

10) Enterprise, from Pacific Park Drive to Aliso Creek Road

358
359
B.

SECTION THREE

TRAFFIC CONTROL INVENTORY

360
Corridor Cross StreetIntersection AM MID PM WKND
Maintenance
Responsibility Cabinet Type Software Detection
Bike
Detection CCTV
Power
Backup Comm Other ITS ATMS Status
GlenwoodDr Cedarbrook Free Free Free Free Aliso Viejo P (TS1) Cobalt ASC/3 Loops No N/A BBS Copper Aries Online GolfDr/Argonaut Free Free Free Free Aliso Viejo P (TS1) ASC/2S ASC/2 Loops No N/A BBS Copper Aries Online AlisoCreekRd 120 Free 140 Free Aliso Viejo P (TS1) COBALT ASC/3 Loops No N/A BBS Copper Centracs Online Brookline Free Free Free Free Aliso Viejo P (TS2Type1) ASC/2S ASC/2 Loops No N/A BBS Copper Aries Online PacificParkDr Enterprise Free Free Free Free Caltrans 332 2070 Loops No N/A BBS CanyonVistas Free Free Free Free Aliso Viejo P (TS2Type2) ASC/3 ASC/3 Loops No N/A NO Copper Aries Online Chase/Peppertree Free Free Free Free Aliso Viejo P (TS1) ASC/2S ASC/2 Loops No N/A BBS Copper Aries Online WoodCanyonDr Free Free Free Free Aliso Viejo P (TS2Type2) COBALT ASC/3 Loops No N/A BBS Copper Aries Online AlisoViejoParkway Free Free Free Free Aliso Viejo P (TS2Type1) ASC/3 ASC/3 Loops No N/A BBS Copper Aries Online Journey 120 120 120 110 Aliso Viejo P (TS1) ASC/3 ASC/3 Loops No N/A BBS Copper Aries Online AlisoCreekRd 130 100 130 110 Aliso Viejo P (TS1) COBALT EOS Loops No N/A BBS Fiber Centracs Online Deerhurst/MusicLane 120 120 120 110 Aliso Viejo P (TS1) ASC/3 ASC/3 Loops No N/A BBS Copper Centracs Online AliciaParkway 130 130 120 120 Aliso Viejo P (TS1) ASC/3 ASC/3 Loops No N/A BBS Fiber Centracs Online HeatherRidge 120 120 120 Free Aliso Viejo P (TS1) ASC/3 ASC/3 Loops No N/A NO Copper Centracs Online LaPazRoad 120 120 120 Free Aliso Viejo P (TS2Type2) ASC/3 ASC/3 Loops No N/A BBS Copper Centracs Online AlisoNiguel 120 120 120 Free Aliso Viejo P (TS1) ASC/3 ASC/3 Loops No N/A BBS Copper Centracs Online Mareblu 120 120 120 Free Aliso Viejo P (TS1) ASC/3 ASC/3 Loops No N/A BBS Copper Centracs Online AlisoCreekRd Westwing 120 Free 140 Free Aliso Viejo P (TS1) COBALT EOS Loops No N/A BBS Fiber Centracs Online Eastwing 120 Free 140 Free Aliso Viejo P (TS1) COBALT EOS Loops No N/A BBS Fiber Centracs Online Columbia 120 Free 140 Free Aliso Viejo P (TS1) COBALT EOS Loops No N/A BBS Fiber Centracs Online AlisoViejoParkway(N) 140 130 140 130 Aliso Viejo P (TS1) COBALT EOS Loops No N/A BBS Fiber Centracs Online Windsong 130 100 130 110 Aliso Viejo P (TS1) COBALT EOS Loops No N/A BBS Fiber Centracs Online SR73On/OffRamps n/a n/a n/a n/a Caltrans 332 2070 Loops No N/A BBS Fiber Enterprise/Summerfield 130 100 130 110 Aliso Viejo P (TS1) COBALT EOS Loops No N/A BBS Fiber Centracs Online Autumnglen 130 100 130 110 Aliso Viejo P (TS1) COBALT EOS Loops No N/A BBS Fiber Centracs Online Journey 130 100 130 110 Aliso Viejo P (TS1) COBALT EOS Loops No N/A BBS Fiber Centracs Online AlisoViejoParkway(S) 130 100 130 110 Aliso Viejo P (TS1) COBALT EOS Loops No N/A BBS Fiber Centracs Online LomaCante 130 100 130 110 Aliso Viejo P (TS1) COBALT EOS Loops No N/A BBS Fiber Centracs Online Liberty 130 100 130 110 Aliso Viejo P (TS1) COBALT EOS Loops No N/A BBS Fiber Centracs Online Glenhurst/Pursuit 130 100 130 110 Aliso Viejo P (TS1) COBALT EOS Loops No N/A BBS Fiber Centracs Online WoodCanyonDr 130 100 130 110 Aliso Viejo P (TS1) COBALT EOS Loops No N/A BBS Fiber Centracs Online TrafficControlInventory
CityofAlisoViejo
CycleLength Equipment

361
Corridor Cross StreetIntersection AM MID PM WKND
Maintenance
Responsibility Cabinet Type Software Detection
Bike
Detection CCTV
Power
Backup Comm Other ITS ATMS Status
TrafficControlInventory
CityofAlisoViejo
CycleLength Equipment
AlisoViejoParkway Cedarbrook 70 65 70 65 Aliso Viejo P (TS1) COBALT ASC/3 Loops No N/A BBS Copper Centracs Online Columbia/PolarisW a y 7 06 57 0 F r e e A l i s o Viejo P (TS2Type1) COBALT ASC/3 Loops No N/A BBS Copper Centracs Online Enterprise Free Free Free Free Aliso Viejo P (TS1) ASC/2S ASC/2 Loops No N/A BBS Copper Aries Online ParkerPlace Free Free Free Free Aliso Viejo P (TS1) ASC/2S ASC/2 Loops No N/A BBS Copper Aries Online Vantis Free Free Free Free Aliso Viejo P (TS1) ASC/2S ASC/2 Loops No N/A BBS Copper Aries Online Grand Free Free Free Free Aliso Viejo P (TS2Type2) ASC/3 ASC/3 Loops No N/A BBS Copper Aries Online Endeavor Free Free Free Free Aliso Viejo P (TS1) ASC/2S ASC/2 Loops No N/A BBS Copper Aries Online Liberty Free Free Free Free Aliso Viejo P (TS1) ASC/3 ASC/3 Loops No N/A BBS Copper Centracs Online AliciaParkway Hollyoak 130 120 130 120 Aliso Viejo P (TS1) Cobalt ASC/3 Loops No N/A BBS Copper Centracs Online MorningRidge 130 120 130 120 Aliso Viejo P (TS1) Cobalt ASC/3 Loops No N/A BBS Fiber Centracs Online ElToroRoad BellsVireo/Club 120 Free 140 Free Aliso Viejo P (TS1) ASC/3 ASC/3 Loops No N/A BBS Copper Centracs Online Enterprise Nova Free Free Free Free Aliso Viejo P (TS2Type1) ASC/2S ASC/2 Loops No N/A BBS Copper Aries Online ParkerPlace Free Free Free Free Aliso Viejo P (TS1) ASC/2S ASC/2 Loops No N/A BBS Copper Aries Online Summit Free Free Free Free Aliso Viejo P (TS1) ASC/2S ASC/2 Loops No N/A BBS Copper Aries Online TownCenter Free Free Free Free Aliso Viejo P (TS1) ASC/2S ASC/2 Loops No N/A BBS Copper Aries Online WoodCanyonDr Oakgrove Free Free Free Free Aliso Viejo P (TS2Type1) ASC/2S ASC/2 Loops No N/A NO Copper Aries Online BoundaryOak Free Free Free Free Aliso Viejo P (TS2Type1) ASC/3 ASC/3 Loops No N/A BBS Copper Aries Online University Free Free Free Free Aliso Viejo P (TS2Type1) ASC/2S ASC/2 Loops No N/A BBS Copper Aries Online LaPazRoad SRͲ73OffͲramp/AlisoViejoPlaza Free Free Free Free Caltrans 332 2070 Loops No N/A BBS Liberty FreedomLane Free Free Free Free Aliso Viejo P (TS2Type1) Cobalt ASC/3 Loops No N/A BBS Copper Centracs Online

362
B.

SECTION FOUR

TRAFFIC SIGNAL SYNCHRONIZATION SYSTEM

AND THREE YEAR PLAN

363
B.

3-YEAR OUTLOOK

TRAFFIC SIGNAL SYNCHRONIZATION

Funding Needs for Synchronized Operation (Constrained)

Reporting Jurisdiction Expenditures: City of Aliso Viejo

Type of Traffic Signal Synchronization Expenditures in Year of Expenditure Dollars

MAINTENANCE
PROJECT FY23/24 FY24/25 FY25/26 TOTAL
Traffic Signal Infrastructure Maintenance $30,000 $30,000 $30,000 $90,000.00 Communication Infrastructure Maintenance $20,000 $20,000 $20,000 $60,000.00

Subtotal Maintenance $50,000 $50,000 $50,000 $150,000.00

CONSTRUCTION
PROJECT FY23/24 FY24/25 FY25/26 TOTAL

Subtotal Construction $0 $0 $0 $0

OPERATIONS
PROJECT FY23/24 FY24/25 FY25/26 TOTAL
Citywide Signal Timing/Operations Monitoring $25,000 $25,000 $25,000 $75,000.00

Subtotal Operations $25,000 $25,000 $25,000 $75,000.00

$75,000 $75,000 $75,000 $225,000.00
364
B.

3-YEAR OUTLOOK

TRAFFIC SIGNAL SYNCHRONIZATION

Funding Needs for Synchronized Operation (Unconstrained)

Reporting Jurisdiction Expenditures: City of Aliso Viejo

Type of Traffic Signal Synchronization Expenditures in Year of Expenditure Dollars

MAINTENANCE
PROJECT FY23/24 FY24/25 FY25/26 TOTAL
Traffic Signal Infrastructure Maintenance $30,000 $30,000 $30,000 $90,000.00 Communication Infrastructure Maintenance $20,000 $20,000 $20,000 $60,000.00

Subtotal Maintenance $50,000 $50,000 $50,000 $150,000.00

CONSTRUCTION
PROJECT FY23/24 FY24/25 FY25/26 TOTAL
Citywide Signal Synchronization $150,000 $150,000 $80,000 $380,000.00 (please see table on next page for details)

Subtotal Construction $150,000 $150,000 $80,000 $380,000.00

OPERATIONS
PROJECT FY23/24 FY24/25 FY25/26 TOTAL
Citywide Signal Timing/Operations Monitoring $40,000 $40,000 $40,000 $120,000.00

Subtotal Operations $40,000 $40,000 $40,000 $120,000.00

$240,000 $240,000 $170,000 $650,000.00
365
B.

LSSP IMPLEMENTATION – CANDIDATE SIGNAL

SYNCHRONIZATION PROJECTS WITH ESTIMATED COSTS

TO COMPLETE PLANNED NETWORK

Reporting Jurisdiction Expenditures: City of Aliso Viejo

Following are corridor improv ements, with summary descriptions and costs, which are considered uncoordinated candidate corridor projects, and TMC upgrades (as appropriate) that the City of Aliso Viejo desires to pursue upon available funding:

CORRIDOR IMPROVEMENT SUMMARY ESTIMATED
COST
Aliso Viejo Parkway
- from Moulton Pkwy to Aliso Creek Rd -
Upgrade to ATC controllers. Upgrade
communication to Ethernet. Integrate into City of
Laguna Hills’ Central Management System.
$120,000
Enterprise
- from Pacific Park Dr to Aliso Creek Rd -
Upgrade to ATC controllers. Upgrade
communication to Ethernet. Integrate into City of
Laguna Hills’ Central Management System.
$100,000
Pacific Park Drive /
Glenwood Drive
- from Moulton Pkwy to Wood Canyon Dr -
Upgrade to ATC controllers. Upgrade
communication to Ethernet. Integrate into City of
Laguna Hills’ Central Management System.
$100,000
Wood Canyon Drive
- from Pacific Park Dr to University Rd -
Upgrade to ATC controllers. Upgrade
communication to Ethernet. Integrate into City of
Laguna Hills’ Central Management System.
$60,000

Total Estimated Cost: $380,000.00

366
B.

SECTION FIVE

TRAFFIC SIGNAL SYNCHRONIZATION ASSESSMENT

REVIEW AND REVISE, AS NECESSARY,

THE TIMING OF TRAFFIC SIGNALS

Significant timing plan updates and projects
completed FY 2020/2021 through 2022/2023

(Periodic refinements performed as part of
routine monthly reviews are not included)

367
B.

2021 OCTA COPR Results

The resulting corridor performance wa s obtained from the 2021 Corridor Operational Performance Re port (COPR) that was prepar ed under the direction of the Orange County Transportation Authority (O CTA). The results are expressed in terms of the Corridor Synchronization Perf ormance Index (CSPI), which combines measures of the travel speed, the ratio of green lights to red lights, and stops per mile. The best performance level is Tier 1 (C SPI of >80), which is considered to be very good travel progression. The vari ous performance tiers are then defined in increments of 10 as follows:

 Tier I More than 80: Very good progression

 Tier II 70.01 – 80: Good progression

 Tier III 60.01 – 70: Fair progression

 Tier IV 50 – 60: Limited progression

 Tier V Less than 50: Very limited progression

As shown below and on the attached Corridor Synchronization Performance Index (CSPI) exhibit provided by OCTA, the CSPI scores for the following corridors that cross the City of Aliso Viejo are as follows:

 Alicia Parkway Tier I (More than 80)

 Aliso Creek Road Tier III (60.01 to 70)

 Aliso Viejo Parkway No Data

 El Toro Road Tier III (60.01 to 70)

 Glenwood Drive / Pacific Park Drive Tier III (60.01 to 70)

 La Paz Road Tier III (60.01 to 70)

368
B.

Specific Corridor Project Assessment

As mentioned, the City of A liso Viejo recently participa ted in the following corridor projects, administered by OCTA in cooperation with our neighboring cities:

1) Aliso Creek Road TSSP

2) Los Alisos Boulevard TSSP ( Aliso Viejo Parkway)

These corridor projects are pr imarily complete, with all im plementation (Phase 1) in the field done, and on-going monitoring and ma intenance (Phase 2) continuing at this time. The specific CSPI final report results are shown below:

Aliso Creek Road TSSP:

B e f o r e After
 CSPI score for this corridor (average for PM) 57.5 87.4

Los Alisos Boulevard TSSP
(Aliso Viejo Parkway): Before After
 CSPI score for this corridor (average for PM) 76.9 82.5

The implemented synchronized corridors now more effectively move vehicles between and among the City of Aliso Viejo and its adjacent jurisdictions with minimal stops and delays (and improved CSPI results).

Not only did the corridors benefit through over all synchronization, they were also improved with traffic signal and interconnect equipment upgrades allowing for signal timing efficiencies and optimization of operations.

369
B.

Priorities, Approach, and System Plan

It is important to note that for seve ral years the City has implemented and maintained corridor-based signal coordina tion timing through daily traffic signal operations consultant support services. T hese on-going services include the Aries traffic signal management syst em collecting data on a daily basis, as well as the daily review/monitoring of the collected data via Aries, especially looking at detector and communication events. These events are immediately forwarded to the City’s traffic signal maintenance company for trouble-shooting and repair.

The City strives to move traffic regiona lly in a safe manner along our corridors, reducing commuter travel times and stops, wh ile minimizing side-street delays that serve our constituents.

These support services include daily review of all coordination timing with every city arterial driven bi-monthly. Through thes e support services, the City assures that the signal timing is maintained on a daily basis, and is periodically evaluated and fine-tuned in response to changing traffic volumes and patterns. The review of other consultants’ signal synchronization timing is also included when applicable.

The City’s traffic signal system plan inclu des upgrades to intersections that are currently being run by older controllers, whic h are over fifteen (15) years old and no longer manufactured, to the latest Adv anced Transportation Controller (ATC) type controllers. The City desires to continue partici pating in future Project P corridor projects.
370
B .

TRAFFIC SIGNAL SYNCHRONIZATION ASSESSMENT, REVIEW, AND REVISION

LOCAL AGENCY

CORRIDOR
TIMING

REVIEWED
(Past 3 Years)

DID TIMING

REQUIRE
AN UPDATE?
TIMING UPDATE RESULTS (if available)
Speed Travel Stops per mile Greens per red CSPI Score*
Before After Before After Before After Before After

Aliso Creek Road TSSP

Yes Yes 24.0
(PM)

29.9 (PM)

1.6 (PM)

0.95 (PM)

1.6 (PM)

3.4 (PM)

57.5 (PM)

87.4 (PM)

Los Alisos Boulevard TSSP
(Aliso Viejo Parkway)

Yes Yes 29.5
(PM)

30.8 (PM)

0.95 (PM)

0.9 (PM)

2.15 (PM)

2.55 (PM)

76.9 (PM)

82.5 (PM)

371
B .

SIGNAL TIMING REVISIONS

PROJECT CORRIDOR CROSS STREET CYCLE LENGTH (Before/After) Alicia Parkway

Timing was reviewed.

No significant changes warranted.

Aliso Creek Road

Timing revisions reported in previous
assessment table.

Aliso Viejo Parkway
(Los Alisos Boulevard)

Timing revisions reported in previous
assessment table.

El Toro Road

Timing was reviewed.

No significant changes warranted.

La Paz Road

Timing was reviewed.

No significant changes warranted.

Pacific Park Dr / Oso Parkway

Timing was reviewed.

No significant changes warranted.

372
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ALISO CREEK

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3/21/2023
W:\Requests\PDCS\SP\PA\SignalCoordination\mxd\CSPI_2023_CityMaps\AlisoViejoCSPI_Projects_2023-0321.mxd Source: OCTA; Data current as of September 2022.

Please check with OCTA prior to CTFP Call for Projects
* Eligible for funding upon completion per CTFP Guidelines Corridor Synchronization
Performance Index
0 0.5

0.25 Miles
Z
Currently Funded Corridor *
Eligible Corridor
Tier V
Tier IV
Tier III
Tier II
Tier I
Less than 50
50 to 60

60.01 to 70

70.01 to 80
More than 80
2023 Corridor Operational Performance
Aliso Viejo
373

ATTACHMENT A

ALISO CREEK ROAD

TRAFFIC SIGNAL SYNCHRONIZATION PROJECT

CORRIDOR SYNCHRONIZATION PERFORMANCE INDEX (CSPI)

RESULTS

374

OCTA | ALISO CREEK ROAD RTSSP | FINAL PROJECT REPORT PAGE 28 Table 14: CSPI Summary “Before” and “After” Conditions

Peak
Period Direction
Average Speed Greens Per Red Stops Per Mile CSPI
Before After
Before After Before After
Before After Percentage
Change (mph) (mph) Score Tier Score Tier
AM Peak
SB 26.8 31.0 1.9 2.9 1.5 1.1 66.1 Tier
III 84.0 Tier I 27.1%
NB 28.4 34.0 2.2 4.7 1.4 0.7 69.9 Tier
III 102.8 Tier I 47.1%
Midday
Peak
SB 26.1 29.0 2.6 2.2 1.1 1.3 71.9 Tier II 72.7 Tier II 1.1% NB 29.3 27.6 2.5 2.6 0.7 1.2 75.7 Tier II 74.9 Tier II -1.1% PM Peak
SB 24.5 31.2 1.5 4.0 1.7 0.8 56.5 Tier
IV 95.0 Tier I 68.1%
NB 23.5 28.6 1.7 2.8 1.5 1.1 58.5 Tier
IV 79.8 Tier II 36.4%
Weekend
Peak
SB 26.4 29.9 2.8 2.7 1.2 1.1 74.9 Tier II 80.2 Tier I 7.1% NB 25.0 29.9 2.3 2.5 1.3 1.2 68.0 Tier
III 77.1 Tier II 13.4%

As shown in Table 14 , the CSPI score improved for all peak periods and directions of travel after implementation of new signal timing plans, except f or the northbound direction during the midday peak period. All “After” Condition CSPI scores are above 70, which indicates good progression. The CSPI sco re during the AM and PM peaks improved dramatically. D uring the AM period, the CSPI scores for both directions went from fair progression to very good progression with percent changes of 27.1% in the southbound direction and 47.1% in the northbound di rection. Both directions during the PM peak period operated under limited progression during the “Befo re” Conditions and changed to good progression in the northbound direction and very good progression in the southbound direction. The percent change was 36.4% and 68.1%, respectively.

375

ATTACHMENT B

LOS ALISOS BOULEVARD

TRAFFIC SIGNAL SYNCHRONIZATION PROJECT

CORRIDOR SYNCHRONIZATION PERFORMANCE INDEX (CSPI)

RESULTS

376
Los Alisos Boulevard Route Regional Traffic Signal Synchronization Program Draft Final Report
26 June 2021

5.4 CSPI Comparison
OCTA developed the Corridor Synchronization Performance Index (CSPI) to compare and prioritize corridors having different characteristics for signal synchronization. The index is obtained from data recorded during 'floating c ar' runs. A corridor is scored based on recorded travel parameters including average speed, number of greens made vs . number of reds stopped, and stops per mile.

The sum of the scores from each of the categories gives the to tal of the index . A 70 is considered the baseline for good operational performance. CSPI value ranging between 50 to 69 indicates a problem generally fixable with low-cost solutions or signal timing modification . A CSPI below 50 however, indicates a poor corridor performance thereby necessitating larger scale investigation into corridor operations. Table 5.3 provides the CSPI for 'Before' and 'After' conditions for AM, Midday, PM and Weekend Peak periods.

Table 5.3 - Before - After Study CSPI Comparison for Peak Periods

From Table 5.3, it is evident that the CSPI score improved for both directions during all peak periods after implementation of the new timing plans at the intersections along Los Alisos Boulevard Route.

All scenarios resulted in CSPI Tier I.

5.5 Fuel Consumption and Emissions
Additional MOEs analyzed were fuel consumption and emission production. These parameters were calculated using three different methodologies via add-on modules to Tru-Traffic software. 377
City of Aliso Viejo

AGENDA ITEM
DATE: June 7, 2023
TO: Mayor and City Council
FROM: Shaun Pelletier, City Engineer
SUBJECT: FISCAL YEAR 2023-24 PROJECT LIST FOR ROAD MAINTENANCE AND REHABILITATION ACCOUNT FUNDING (SB 1)
Recommended Action:

Adopt a Resolution adopting a list of projects for fiscal year 2023-24 funded by SB 1: The Road Repair and Accountability Act of 2017.

Fiscal Impact:

SB 1 Road Maintenance and Rehabilitation Account (RMRA) funds are projected to be about $1,281,695 in FY 2023-24.

Background:

This Road Maintenance and Rehabilitation Account (RMRA) funding began being received in January 2018 with projected funds collected of around $5 million through the remainder of this year and about $1,200,000 next fiscal year.

Current year funds are being applied towards the Slurry Seal project, Aliso Creek Road (Aliso Viejo Parkway to City Limit – Construction), Enterprise (Aliso Creek Road to Aliso Viejo Parkway) and Aliso Creek Road (Enterprise to SR-73 – Design).

Discussion:

Use of RMRA funds requires additional reporting through the California Transportation Commission (CTC). Each year the Council approved projects proposed to utilize the funds must be submitted to the CTC for approval. Expenditure reports are subsequently due at the end of each year to account for the funds. The required resolution adopting the project list to be sent to CTC is attached for Council approval.

Projects utilizing SB 1 funds in FY 2023-24 may include the following:
378

 Glenwood Drive (SR-73 to Aliso Creek) Rehabilitation (Design)  Aliso Creek Road (Enterprise to SR-73) Rehabilitation (Construction)  Enterprise (Aliso Creek to Aliso Viejo Parkway) Rehabilitation (Construction) Staff respectfully recommends approval of the attached resolution.

Environmental:

Each proposed project will include required environmental actions prior to commencing construction.

Attachment:

1. Resolution
379

RESOLUTION NO. 2023-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO

VIEJO, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-24 FUNDED BY SB 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Aliso Viejo are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City of Aliso Viejo must adopt by resolution a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City of Aliso Viejo, will receive an estimated $1,281,695 in RMRA funding in Fiscal Year 2023-24 from SB 1; and
WHEREAS, this is the seventh year in which the City of Aliso Viejo is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City of Aliso Viejo used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects; and
WHEREAS, the funding from SB 1 will help the City of Aliso Viejo maintain and rehabilitate arterial, collector and/or local streets throughout the City this year as well as into the future; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City of Aliso Viejo’s streets are in a Good condition and this revenue will help us increase the overall quality of our road system and over the next decade will maintain our streets and roads in a Good condition; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete 380

streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE, BE IT RESOLVED by the City of Aliso Viejo as follows:

1. The foregoing recitals are true and correct.

2. The fiscal year 2023-24 list of projects planned to be funded with Road Maintenance and Rehabilitation Account revenues include:

1. Aliso Creek Road Rehabilitation – Enterprise to SR-73 (Construction) Description: Prepare construction documents for street patching, asphalt overlay, utility structure adjustments, sidewalk improvements, pavement markings
Pre-Construction Schedule:

Start 07/22 – Completion 06/23
Estimated Construction Schedule:

Start 07/23 – Completion 12/23
Estimated Useful Life: 10-20 years

2. Enterprise Rehabilitation – Aliso Creek Road to Aliso Viejo Parkway (Construction)
Description: Prepare construction documents for street patching, asphalt overlay, utility structure adjustments, sidewalk improvements, pavement markings
Pre-Construction Schedule:

Start 07/22 – Completion 06/23
Estimated Construction Schedule:

Start 07/23 – Completion 12/23
Estimated Useful Life: 10-20 years

3. Glenwood Drive Rehabilitation – SR-73 to Aliso Creek Road (Pre- Construction)
Description: Street patching, asphalt milling, asphalt overlay, utility structure adjustments, sidewalk improvements, pavement markings Estimated Pre-Construction Schedule:

Start 07/23 – Completion 06/24
Estimated Construction Schedule:

Start 07/24 – Completion 12/25
Estimated Useful Life: 10-20 years
381

PASSED, APPROVED AND ADOPTED this 7th day of June, 2023. __________________________
Richard Hurt
Mayor
APPROVED AS TO FORM: ATTEST:

__________________________ __________________________
Scott C. Smith, City Attorney Mitzi Ortiz, MMC, City Clerk 382

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 the foregoing is the original of Resolution No. 2023-__ duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the ___ day of _______, 2023, by the following roll call vote, to wit:

AYES:

NOES:

ABSENT:
___________________________

MITZI ORTIZ, MMC

CITY CLERK
(SEAL)
383
City of Aliso Viejo

AGENDA ITEM
DATE: June 6, 2023
TO: Mayor and City Council
FROM: David A. Doyle, City Manager
Scott C. Smith, City Attorney
SUBJECT: DIRECT CITY COUNCIL HEALTH BENEFIT ALLOWANCE TO

DEFERRED COMPENSATION ACCOUNT
Recommended Action:

Adopt a Resolution directing current and future monthly health benefit allowances for Council Members to deferred compensation accounts rather than making the allowance available for the purchase of health, dental, and vision insurance, as well as retirement survivors’ benefit, as applicable.

Fiscal Impact:

There is no fiscal impact associated with the recommended action.

Discussion:

Since incorporation, the City has provided a cafeteria plan to provide health, dental, and vision insurance as well as retirement survivors’ benefits for Council Members, employees, and dependents. The current amount afforded to full-time employees and City Council Members is $2242 a month.

The City recently reviewed its benefits program and concluded that Council Members do not have the discretion to elect whether the benefit amount will go to health benefits or deferred compensation. The proposed resolution memorializes that Council Member health benefit allowances will go to their deferred compensation account.

Attachment:

1. Resolution
384

RESOLUTION NO. 2023-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO

VIEJO, CALIFORNIA, DIRECTING THE USE OF CITY COUNCIL
MEMBERS’ HEALTH BENEFIT ALLOWANCES
WHEREAS, the City of Aliso Viejo currently provides benefits to Councilmembers and employees including a cafeteria plan that may be used for health, dental, vision, retirement survivor benefit and other optional benefits; and WHEREAS, the City Council desires that Council Member health benefit allowances be directed to their respective deferred compensation accounts.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALISO VIEJO DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Effective July 1, 2023, City Council Members shall continue to receive monthly health benefit allowances in an amount equal to the monthly health benefit allowances provided to full-time City employees. The monthly health benefit allowance covers health, dental, and vision insurance, as well as retirement survivors benefit, as Council Members may be eligible. The City shall deposit that amount into each Council Member’s deferred compensation account in accordance with all applicable IRS regulations and applicable laws.

Section 2. The City Clerk shall certify as to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 7th day of June 2023.

Richard Hurt
Mayor
APPROVED AS TO FORM: ATTEST:

Scott C. Smith, City Attorney Mitzi Ortiz, MMC, City Clerk 385

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. 2023-___ was duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the 7th day of June 2023, by the following roll call vote, to wit:

AYES:

NOES:

ABSENT:

MITZI ORTIZ, MMC

CITY CLERK
(SEAL)
386
City of Aliso Viejo

AGENDA ITEM
DATE: June 7, 2023
TO: Mayor and City Council
FROM: So Kim, Director of Community Development
SUBJECT: CONDITIONAL USE PERMIT TO OPERATE A CHURCH AT 115 COLUMBIA.

Recommended Actions:

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

2. Adopt a Resolution (Attachment 1), approving the Conditional Use Permit (USE-2023- 00013) to operate a church (International Grace Ministry) at 115 Columbia.

Fiscal Impact:

No impact.

Background:

On April 25, 2023, Mike Sung representing International Grace Ministry (“Applicant”) submitted a Conditional Use Permit application to operate a church within an existing building at 115 Columbia. On May 16, 2023, the application was deemed complete.

Discussion:

The subject site, 115 Columbia, has a zoning designation of Business Park 2 (“BP-2”).

This zoning designation allows churches, temples, and other places of worship with an approval of a Conditional Use Permit (“CUP”). Pursuant to Municipal Code Section

15.74.040 Conditional and Administrative Use Permits, the following findings (in bold text) shall be made by the decision-making authority prior to the approval of a CUP.

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

The subject site has a General Plan land use designation of Business Park (“BP”), which allows a range of light industrial uses and supporting offices and services. 387

The Zoning Code further specifies that other uses, including but not limited to, automotive, dining, entertainment, lodging, places of worship, etc. are also allowed with an approval of a CUP. There is no specific plan applicable for the site.

Therefore, the proposed church will be consistent with the general plan and this finding can be made.

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.

As discussed in the introductory paragraph above, the BP-2 zoning designation allows church uses with an approval of a CUP. The applicant proposes to remodel the interior of the existing two-story building with no exterior changes, except for the installation of signs. The proposed work will require compliance with the building code and therefore, will be consistent with the City’s regulations.

Therefore, the proposed church will be consistent with Zoning Code and this finding can be made.

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

Section 21084 of the Public Resources Code requires that the CEQA guidelines include a list of classes of project which have been determined not to have a significant effect on the environment and which shall, therefore, be exempt from the provisions of CEQA. CEQA Section 15301 Existing Facilities, Class 1, consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures… involving negligible or no expansion of existing or former use. The proposed request is to operate a church within an existing building involving minor interior operations with no expansion of the former use. Therefore, the proposed church will be exempt from CEQA and this finding can be made.

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.

The existing building was formerly used as office spaces for the Orange County Social Services Agency. The operating hours of the former use were standard hours on weekdays, similar to other office uses in the immediate area. The proposed church will primarily operate on the weekends with limited evening hours on certain weekdays as shown below. As the proposed operation hours will be outside of standard office hours, there will be no adverse impacts to the adjacent businesses.
388

Wed & Thur 8:00pm-10:00pm Bible Studies
Fri 7:00pm-10:00pm Youth Activities
Sat 10:00am-7:00pm Youth Activities
Sun 10:00am & 1:00pm Services
As for the adjacent Compass Bible Church, while there may be some overlap in operation hours, Staff does not anticipate adverse impacts from the proposed church as both properties have sufficient parking to accommodate its members.

City’s parking requirement for a church is one space per every 35 square feet of seating area of the main auditorium. Additional ancillary facilities or spaces on the same site requires 50% of the main auditorium requirement. The proposed seating area of the main sanctuary is 2,365 square feet. Applying one space per every 35 square feet, 68 parking spaces are required for the main sanctuary. An additional 34 (50% of the main auditorium) parking spaces are required as there are proposed ancillary spaces, such as offices, meeting rooms, dining hall, and classrooms. In summary, a total of 102 parking spaces are required and the existing site with 153 parking spaces is sufficient for the proposed church.

Based on the discussion above, approval of the proposed church will not create adverse impacts in terms of public health, safety, or general welfare and this finding can be made.

Public Notice:

On May 25, 2023, a public notice of the public hearing was published in the Laguna Niguel News and mailed to all property owners within 300 feet of the subject site. No public comments were received in response.

Attachments:

1. Draft Resolution

2. Proposed Plans

3. Presentation
389

RESOLUTION NO. 2023-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO

VIEJO, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO OPERATE A CHURCH (INTERNATIONAL GRACE MINISTRY) AT 115
COLUMBIA (USE-2023-00013)
WHEREAS, on April 25, 2023, Mike Sung representing International Grace Ministry (“Applicant”) submitted a Conditional Use Permit application to operate a church within an existing building at 115 Columbia; and
WHEREAS, on May 16, 2023, the application was deemed complete; and WHEREAS, on May 25, 2023, a public notice of the public hearing was published in the Laguna Niguel News and mailed to all property owners within 300 feet of the subject site.

No public comments were received in response; and
WHEREAS, on June 7, 2023, 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; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALISO VIEJO 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: Approval of Project and Findings for Conditional Use Permit. In accordance with AVMC 15.74.040(C), the City Council hereby makes the following findings of fact and approves a Conditional Use Permit (USE-2023-00013) to operate a church, 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 land use is consistent with the general plan and any applicable specific plan. The subject site has a General Plan land use designation of Business Park (“BP”), which allows a range of light industrial uses and supporting offices and services. The Zoning Code further specifies that other uses, including but not limited to, automotive, dining, entertainment, lodging, places of worship, etc. are also allowed with an approval of a CUP. There is no specific plan applicable for the site.
390

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. The BP-2 zoning designation allows church uses with an approval of a CUP. The proposed project involves interior remodel of the existing two-story building with no exterior changes, except for the installation of signs. The proposed work will require compliance with the building code and therefore, will be consistent with the City’s regulations.

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

Section 21084 of the Public Resources Code requires that the CEQA guidelines include a list of classes of project which have been determined not to have a significant effect on the environment and which shall, therefore, be exempt from the provisions of CEQA. CEQA Section 15301 Existing Facilities, Class 1, consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures… involving negligible or no expansion of existing or former use. The proposed request is to operate a church within an existing building involving minor interior operations with no expansion of the former use.

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. The proposed church will primarily operate on the weekends with limited evening hours on certain weekdays as shown below. As the proposed operation hours will be outside of standard office hours, there will be no adverse impacts to the adjacent businesses.

As for the adjacent Compass Bible Church, while there may be some overlap in operation hours, there is sufficient parking on both properties to accommodate its members. City’s parking requirement for a church is one space per every 35 square feet of seating area of the main auditorium. Additional ancillary facilities or spaces on the same site requires 50% of the main auditorium requirement. The proposed seating area of the main sanctuary is 2,365 square feet. Applying one space per every 35 square feet, 68 parking spaces are required for the main sanctuary. An additional 34 (50% of the main auditorium) parking spaces are required as there are proposed ancillary spaces, such as offices, meeting rooms, dining hall, and classrooms. In summary, a total of 102 parking spaces are required and the existing site with 153 parking spaces is sufficient for the proposed church.

Section 3: 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 CEQA website, and provide the notice to parties requesting NOE notification. 391

Section 4: 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 7th day of June, 2022. __________________________
Ross Chun
Mayor
APPROVED AS TO FORM: ATTEST:

__________________________ __________________________
Scott C. Smith, City Attorney Mitzi Ortiz, MMC, City Clerk 392

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 the foregoing is the original of Resolution No. 2023-__ duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the 7th day of June, 2023, by the following roll call vote, to wit:

AYES:

NOES:

ABSENT:
___________________________

MITZI ORTIZ, MMC

CITY CLERK
(SEAL)
393

EXHIBIT “A”
CONDITIONAL USE PERMIT (USE-2023-00013)

CONDITIONS OF APPROVAL
1) Project Description. This approval is for International Grace Ministry to operate a church at 115 Columbia.
2) Noise Standards. All facilities and associated equipment shall comply with the applicable provisions of the City’s noise regulations as set out in AVMC Title 8. 3) Period of Validity. Approval of this permit would be valid for a period of two years from the effective date of approval of this permit. If building or other ministerial permits for the project are not issued within such period of time, the approval shall expire and shall therefore be null and void unless an extension is requested by the applicant prior to the expiration date and subsequently approved by the Director of Community Development.
4) Compliance with Permit. The establishment and operation of any land use authorized under a use permit and any development associated with the permit shall be in compliance with the approved permit and any plans, specifications and conditions of approval shown on and/or attached to the permit. 5) Compliance with Conditions. 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 granting these permits may constitute grounds for revocation of the permit(s) in accordance with AVMC Section 15.74.120.
6) Modifications. Modifications to the approved use shall be processed pursuant to AVMC Section 15.74.110.
7) Business Hours. Hours of operation are limited to the following:

Wed & Thur 8:00pm-10:00pm
Fri 7:00pm-10:00pm
Sat 10:00am-7:00pm
Sun 10:00am & 1:00pm
8) Sign Permits. Sign permits shall be processed in accordance with the provisions in AVMC Chapter 15.34.
9) Indemnification. The Applicant shall indemnify, protect, defend, and hold the City, and/or any of its officials (appointed or elected), officers, employees, agents, departments, agencies, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings 394

(whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and other such procedures), judgments, orders, and decisions (collectively 'Actions'), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, Planning and Zoning Law, Subdivision Map Act, Community Redevelopment Law, Code of Civil Procedure Sections 1085 or 1094.5, or any other federal, state, or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed the City shall have the right to approve, which approval will not be unreasonably withheld, legal counsel providing the City's defense, and that Applicant shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. The City shall promptly notify the Applicant of any action brought, and City shall cooperate with the Applicant in defense of the action. 10) Payment of Fees. The Applicant and Applicant's successors in interest shall be responsible for payment of all applicable fees along with reimbursement for all City expenses in ensuring compliance with these conditions.
11) Permit in Effect. This approval shall not be effective for any purpose whatsoever until the Applicant signs the statement at the bottom of this letter to the effect the Applicant has read, understands, and agrees to these conditions of approval. 12) Revocation. This approval may be revoked by the Community Development Director if one or more of the conditions herein have been violated; the findings which were the basis for the original permit approval can no longer be made; the use has created a public nuisance; or other grounds as set in the AVMC. 395

EXHIBIT “B”
CONDITIONAL USE PERMIT (USE-2023-00013)

PROJECT PLANS
396
397
398
399
400
401
International Grace
Ministries
Conditional Use Permit (USE-2023-00013)
402
Aerial
Image
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Aerial
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3404
City of Aliso Viejo

AGENDA ITEM
DATE: June 7, 2023
TO: Mayor and City Council
FROM: So Kim, Community Development Director
Michael Delgadillo, Assistant Planner
SUBJECT: CONDITIONAL USE PERMIT TO OPERATE A MASSAGE THERAPY AND SKINCARE TREATMENT ESTABLISHMENT AT 19 VANTIS (USE-2023- 00009)
Recommended Actions:

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

2. Adopt a Resolution (Attachment 1) approving the Conditional Use Permit to operate a skincare and massage therapy establishment at 19 Vantis (USE-2023-00009).

Fiscal Impact:

No impact.

Background:

On March 29, 2023, Lucy Wojskowicz (the “Applicant”) submitted a Conditional Use Permit (“CUP”) to operate a massage therapy and skincare treatment establishment (Urban Wellness Lounge) at 19 Vantis. The subject unit is located towards the southern end of several live-work units that exist along the east side of Vantis Drive. According to the Applicant’s project description and floor plan (Attachments 2 and 3), the business will offer a variety of massage therapies and skincare treatments. The establishment is designed to accommodate a maximum of two clients at one time in a service treatment setting. The business will also provide quarterly workshops, focusing on sound therapy, meditation, holistic wellness, and nutritional education to groups of three participants. The business proposes to operate between 9:00 am and 7:00 pm, Monday through Friday, and 9:00 am and 5:00 pm on Saturday.

The City’s General Plan designates Vantis as one of the six Community Benefits Overlay Area, which allows development of alternative land uses. The Vantis Specific Plan 405

(“Vantis”) area is approximately 38.8-acre in size, developed with residential a nd non- residential development, and live-work units.

Image 1. Project site facing east. Image 2. Aerial Image of Vicinity Discussion:

Pursuant to Aliso Viejo Municipal Code (“AVMC”) Section 15.18.020, a massage establishment license requires approval of a conditional use permit (“CUP”), subject to AVMC Sections 4.14.110 and 15.74.040. Additionally, skincaretreatment establishments, which are classified as a beauty salon, requires approval of an administrative use permit (“AUP”)within the Vantis Specific Plan Zone . Pursuant to AVMC section 15.74.040, the following findings shall be made prior to the approval of a CUP and AUP.

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

As described under the Background section above, the General Plan designates Vantis as one of the six Community Benefits Overlay Area, which allows development of alternative land uses. The Vantis Specific Plan permits a variety of uses, including beauty salons . The proposed massage and skincare establishment is considered a beauty salon use and therefore, this finding can be made.

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.

The Vantis Specific Plan allows beauty salon uses, such as the proposed skin care as well as therapeutic massage establishments, with up to two customer chairs or workstations. The business proposes to serve a maximum of two clients at one time. The Applicant proposes to use the existing tenant space as-is without 406

remodeling and therefore conforms with all other development standards. Based on the discussion above, this finding can be made.

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

The proposed request to operate a massage therapy and skincare treatment establishment is categorically exempt from the California Environmental Quality Act (CEQA) Guidelines (Existing Facilities, Section 15301) as it consists of permitting and licensing and does not include an expansion of use or facilities beyond what is existing and therefore, this finding can be made.

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.

The proposed use will require compliance with Vantis Specific Plan regulations, similar to other live/work units. Specifically, the number of workstations is limited to two maximum, and therefore, will not result in additional traffic or parking impacts. The Applicant proposes to use the existing tenant space as-is, without interior remodel. Additionally, given the type of business, there will be no noise generated by the proposal. Therefore, this finding can be made.

Public Notice:

On May 25, 2023, a public hearing notice was published in the Laguna Niguel News and mailed to all owners of real properties and tenants within 300 feet of the subject real property.

Attachments:

1. Draft Resolution

2. Project Description Letter

3. Project Plans

4. Presentation
407

RESOLUTION NO. 2023-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO

VIEJO, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO

ESTABLISH A MASSAGE THERAPY AND SKINCARE TREATMENT
ESTABLISHMENT WITHIN AN EXISTING TENANT SPACE AT 19

VANTIS AND FINDING THE PROJECT CATEGORICALLY EXEMPT
FROM CEQA (USE-2023-00009).

WHEREAS, on March 29, 2023, the Applicant, Lucy Wojskowicz, representing Urban Wellness Lounge, submitted a Conditional Use Permit application to establish a massage therapy and skincare treatment establishment at 19 Vantis (“Project”); and WHEREAS, pursuant to Aliso Viejo Municipal Code (AVMC) Section 4.14.080, massage establishments are conditionally permitted uses within the city of Aliso Viejo; and WHEREAS, pursuant to the Vantis Specific Plan Section 2.1.4, beauty salon uses are conditionally permitted uses in the Vantis Specific Plan No. 1 (SP-1) zoning district; and WHEREAS, on May 25, 2023, a public notice of the public hearing was published in the Laguna Niguel News and mailed to all property owners within 300 feet of the subject site.

No public comments were received in response; and
WHEREAS, on June 7, 2023, the City Council held a duly noticed public hearing as prescribed by law and considered public testimony, evidence and recommendations presented by staff in the agenda report and oral presentation related to Conditional Use Permit (USE-2023-00009); 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 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. Approval of Project and Findings for Conditional Use Permit. In accordance with AVMC 15.74.040(C), the City Council hereby makes the following findings of fact and approves a Conditional Use Permit (USE-2023-00009) for the operation of a skincare salon and massage therapy establishment, subject to the conditions set forth in Exhibit “A” and project plans set forth in Exhibit “B”, which are both attached hereto and incorporated herein by reference.

1. Consistency with General Plan. The land use is consistent with the general plan and any applicable specific plan. The City’s General Plan designates Vantis as 408

one of the six “Community Benefits Overlay Area,” which allows development of alternative land uses. Furthermore, the site is within the Vantis Specific Plan Zone, which permits a variety of uses, including therapeutic massage and skincare treatment, which is considered a beauty salon use.

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. The Vantis Specific Plan allows beauty salon uses, such as the proposed skincare treatment use as well as therapeutic massage establishments, with up to two customer chairs or workstations. The business proposes to serve a maximum of two clients at one time. There are no proposed interior remodels within the existing tenant space and therefore conforms with all other development standards. The proposed work will require compliance with the building code and therefore, will be consistent with the City’s regulations.

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

Section 21084 of the Public Resources Code requires that the CEQA guidelines include a list of classes of project which have been determined not to have a significant effect on the environment and which shall, therefore, be exempt from the provisions of CEQA. CEQA Section 15301 Existing Facilities, Class 1, consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures… involving negligible or no expansion of existing or former use. The proposed request is to operate a massage therapy and skincare treatment establishment within an existing building involving no interior operations and no expansion of the former use.

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. The proposed use will require compliance with Vantis Specific Plan regulations, similar to other live/work units. Specifically, the number of workstations is limited to two maximum and therefore, will not result in additional traffic or parking impacts. The proposed use will operate in the existing tenant space as-is, without internal remodel.

Additionally, given the type of business, there will be no noise generated by the proposal.

Section 3. 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 CEQA website, and provide the notice to parties requesting NOE notification. 409

Section 4. 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 7th day of June 2023. __________________________
Richard Hurt
Mayor
APPROVED AS TO FORM: ATTEST:

__________________________ __________________________
Scott C. Smith, City Attorney Mitzi Ortiz, MMC, City Clerk 410

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 the foregoing is the original of Resolution No. 2023-__ duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the ___ day of _______, 2023, by the following roll call vote, to wit:

AYES:

NOES:

ABSENT:
___________________________

MITZI ORTIZ, MMC

CITY CLERK
(SEAL)
411

EXHIBIT “A”

CONDITIONAL USE PERMIT
PLANNING APPLICATION USE-2023-00009

CONDITIONS OF APPROVAL

1. Project Description. Approval is for a Conditional Use Permit (USE-2023-00009) to operate a massage therapy and skincare treatment establishment at 19 Vantis in accordance with all plans and exhibits as present to and approved by the City Council on June 7, 2023.

2. Period of Validity. Approval of this permit would be valid for a period of two years from the effective date of approval of this permit. If building or other ministerial permits for the project are not issued within such period of time, the approval shall expire and shall therefore be null and void unless an extension is requested by the Applicant prior to the expiration date and subsequently approved by the Director of Community Development.

3. Compliance with Regulations. The Applicant shall ensure design, maintenance, and operation of the permit area and fixtures thereon shall comply with all applicable regulations of the Municipal Code and all requirements and enactments of Federal, State, County and City authorities. All such requirements and enactments shall by reference become conditions of this permit whether or not they are listed as conditions. The Applicant and Applicant’s successors in interest shall be fully responsible for knowing and complying with all conditions of approval, including making known the conditions to City staff for future governmental permits or actions on the project site.

4. Compliance with Conditions. 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 granting these permits may constitute grounds for revocation of the permit(s) in accordance with AVMC Section 15.74.120.

5. Compliance with City Codes. The approved project shall comply with all applicable provisions of the municipal code, including but not limited to provisions of building codes and any conditions imposed as part of the approval process.

6. Business Hours. Hours of operation are limited from 9:00 a.m. to 7:00 p.m., Monday through Friday and from 9:00 a.m. to 5:00 p.m. on Saturday.

7. On-Site Employees. No more than two employees or independent contractors, excluding residents of the attached living space, may be working on site at any given time.

8. Conversion of Units. The ground floor commercial space within the live/work unit may not be converted into a second living unit or used for residential purposes.

9. Commercial Uses. Commercial uses are limited to the ground floor and may not be expanded to the upper floors.
412

10.Building Code Compliance. The workspace must meet requirements of the City Building Code for the type of activity/use being undertaken.

11.Design and Maintenance. The workspace must be designed and maintained to appear as a commercial use. This may include store-front style glazing along the front façade. While the massage area shall be screened from view, the interior reception and waiting area shall always be visible from the public street. Blinds, curtains, tinting, or any other covering or barrier shall not be installed or placed in front of the first-floor windows or front door.

12.Signage. Prior to issuance of a Certificate of Occupancy (C of O), Property Owner/Applicant shall provide the Planning Department with a color rendering of the proposed signage in conformance with the Vantis Live/Work Sign Program.

13.Noise Control. No excessive noise shall be generated within any Live/Work unit that might have a negative effect on its neighbors. All noise generated by the use shall comply with AVMC Chapter 15.46.010. Piped-in music shall be contained indoors and all doors shall remain closed when music is being played. Based on any substantiated noise complaints, the Director may further restrict use of piped- in music.

14.Outdoor Storage and Display. No storage and/or display of merchandise, materials or equipment outside of the enclosed building are permitted.

15.Adverse Impacts. In the event of adverse impacts on the health, safety or welfare of the neighborhood or general public, or receipt of complaints directly related to the Applicant’s business, the Director shall investigate and, if significant adverse impacts directly related to the Applicant’s business are found to exist, the Director shall have the discretion to amended conditions or revoke the approval.

16.Massage Establishment License. Prior to the issuance of the Certificate of Occupancy, the Applicant shall obtain a Massage Establishment License from the city of Aliso Viejo.

17.Health Permit. The Applicant shall obtain any necessary Health Permit(s) from the Orange County Health Care Agency.

18.Alcohol Beverage Control. The service and sale of alcoholic beverages is not permitted on the subject property.

19.Compliance with Massage Regulations. The Applicant shall comply with all AVMC Massage Regulations (Chapter 4.14) pertaining to massage establishments as they may be amended from time to time, including but not limited to the following:
the display of licenses and permits, management of massage establishments, license renewal, and massage establishment facilities and operation requirements.

20.Compliance with Agencies Governing the Property. The Applicant is responsible for compliance with any Declaration of Covenants, Conditions, and Restrictions (CC&R’s) governing the property at 19 Vantis Drive.

21.Indemnification. The Applicant shall indemnify, protect, defend, and hold the city, and/or any of its officials (appointed or elected), officers, employees, agents, departments, agencies, and instrumentalities thereof, harmless from any and all 413

claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and other such procedures), judgments, orders, and decisions (collectively 'Actions'), brought against the city, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the city and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the city) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, Planning and Zoning Law, Subdivision Map Act, Community Redevelopment Law, Code of Civil Procedure Sections 1085 or 1094.5, or any other federal, state, or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed the city shall have the right to approve, which approval will not be unreasonably withheld, legal counsel providing the city's defense, and that Applicant shall reimburse city for any costs and expenses directly and necessarily incurred by the city in the course of the defense. The city shall promptly notify the Applicant of any action brought, and city shall cooperate with the Applicant in defense of the action.

22.Payment of Fees. The Applicant and Applicant’s successors in interest shall be responsible for payment of all applicable fees along with reimbursement for all City expenses in ensuring compliance with these conditions. Prior to issuance of a Certificate of Occupancy, the Applicant shall be fully responsible for reimbursing the City of Aliso Viejo for all expenses incurred to assure compliance with all conditions of approval.

23.Permit in Effect. This approval shall not be effective for any purpose whatsoever until the Applicant signs the statement at the bottom of this letter to the effect that the Applicant has read, understands, and agrees to these conditions of approval.

24.CEQA Recordation Fee. Within 48 hours of approval of the project, the applicant shall deliver to the Community Development Department, a check payable to the Orange County Clerk-Recorder’s Office in the amount of fifty dollars ($50.00) in order for the City to file the appropriate environmental documentation for the property. If within the 48-hour period the applicant has not delivered the check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act (CEQA) could be significantly lengthened.
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PROJECT DESCRIPTION LAGUNA CANYON SPA CORPORATION, OPERATING AS LAGUNA CANYON SPA SINCE 2004 IN LAGUNA BEACH, CA MOVED FROM 3295 LAGUNA CANYON ROAD, LAGUNA BEACH, CA IN MARCH 2022 AFTER A SUDDEN SHIFT IN THE LANDLORD’S BUSINESS PLAN. AFTER RELOCATING TO 95 ENTERPRISE, ALISO VIEJO FOR ONE YEAR WORKING AT THE SOLA SALON FRANCHISE; LUCY WOJSKOWICZ, FOUNDER AND OWNER ENTERED INTO A 2-YEAR LEASE AT 19 VANTIS, ALISO VIEJO CA TO TRANSFER HER MASSAGE ESTABLISHMENT LICENSE TO THIS LOCATION PERMANENTLY ON APRIL 1, 2023. THE ALISO VIEJO COMMUNITY IS SURE TO BENEFIT FROM THIS REPUTABLE, THERAPEUTIC MASSAGE ESTABLISHMENT WHICH WILL UNDERGO A BRAND NAME CHANGE TO: URBAN WELLNESS LOUNGE. THE URBAN WELLNESS LOUNGE AT 19 VANTIS DRIVE, ALISO VIEJO CA ENHANCES THE CITY WALK WITH A CLEAN, COMPLIMENTARY BUSINESS TO THE EXISTING HAIR AND BEAUTY SERVICES BLOCK AND WILL BE LOCATED NEXT DOOR TO SEVEN SEAS COFFEE SHOP AND THE OFFICE. INTERIOR AND EXTERIOR TENANT IMPROVEMENTS THE INTERIOR OF THE UNIT IS FRESHLY PAINTED AND REQUIRES NO ARCHITECTURAL MODIFICATIONS. THE EXTERIOR REQUIRES NO MODIFICATIONS OTHER THAN SIGNAGE. AT 400 SQ FT IT PROVIDES AMPLE SPACE FOR 2 TREATMENT AREAS. THERE IS ONE RESTROOM WITH PAPER TOWEL DISPENSER, TRASH BIN, TOILET AND SEVERAL ENCLOSED CABINETS FOR STORING SUPPLIES AND CLEAN LINENS. DAYS AND HOURS OF OPERATION MONDAY – FRIDAY 9AM – 7PM SATURDAY – SUNDAY 9AM – 5PM NUMBER OF EMPLOYEES AND INDEPENDENT CONTRACTORS SERVICES WILL BE PROVIDED BY CERTIFIED AND LICENSED MASSAGE THERAPISTS, HOLISTIC HEALTH PRACTITIONERS AND ESTHETICIANS. DESIGNED TO ACCOMMODATE 1-2 CLIENTS AND 415
1-2 STAFF MEMBERS AT ONE TIME IN A SERVICE TREATMENT SETTING. PLEASE NOTE: THE DIAGRAMS SHOW SET UP OF 3 MASSAGE TABLES; HOWEVER, WHEN THE LARGER FRONT ROOM IS UTILIZED FOR COUPLES OR PARTIES OF 2 TREATMENTS, THE CIRCULAR ROOM WILL BE THE SEATING AREA AND NOT A TREATMENT AREA. ALSO, PARTICIPANTS TO SMALL WORKSHOP GROUPS WILL BE LIMITED TO: 3 PARTICIPANTS AND 1 STAFF EDUCATOR IN A LECTURE SETTING. DETAILED DESCRIPTION OF MASSAGE & SKINCARE SERVICES: THE FOLLOWING TYPES OF SERVICES WILL BE OFFERED: THERAPEUTIC MASSAGE THERAPY: RELAXING SWEDISH, DEEP TISSUE SPORTS, SHIATSU, THAI YOGA MASSAGE, LYMPHATIC DRAINAGE, CRANCIAL SACRAL THERAPY, HOT STONE THERAPY AND REFLEXOLOGY. SKINCARE TREATMENTS: CLASSIC EUROPEAN FACIAL, HAND, FOOT AND BODY EXFOLIATION, AND WRAPS INCORPORATING HOLISTIC AND ORGANIC AGE SMART SKIN PRODUCTS. SPECIAL EVENTS/WORKSHOPS: QUARTERLY WE WILL HOST SMALL GROUPS FOR PERSONAL GROWTH. THESE COMMUNITY EVENTS MAY INCLUDE SOUND THERAPY, MEDITATION, HOLISTIC WELLNESS AND NUTRITIONAL EDUCATION. REQUIRED FINDINGS THE URBAN WELLNESS LOUNGE PLAN IS CONSISTENT WITH THE GENERAL PLAN AND ANY APPLICABLE SPECIFIC PLAN AND ZONING CODE. THE LAND USE IS CONSISTENT WITH THE GENERAL PLAN AND ANY APPLICABLE SPECIFIC PLAN, AND THE ASSOCIATED DEVELOPMENT CONFORM TO THE PERMITTED USE PROVISIONS AND DEVELOPMENT STANDARDS OF THIS ZONING CODE. THE ESTABLISHMENT IS COMPLIANT WITH CEQA, THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. THIS PROJECT HAS BEEN APPROVED BY THE VANTIS HOA BOARD OF DIRECTORS; APPROVAL STAMPED BY KYLE BLACK ON MAY 8, 2023. APPROVAL OF THE APPLICATION WILL NOT CREATE CONDITIONS MATERIALLY DETRIMENTAL TO THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE OF INJURIOUS TO OR INCOMPATIBLE WITH OTHER PROPERTIES OR LAND USES IN THE VICINITY. 416
Reception Area
Portable Screen
417
Urban Wellness Lounge
19 Vantis
USE-2023-00009 – Conditional Use Permit
City Council
June 7, 2023
418
Proposed Business Operations
Operations include:
• Therapeutic Massage Therapy
• Skin care
• Quarterly Small Group Workshops
• Hours of operation: Monday through Friday, 9:00 a.m. to 7:00 p.m.

Saturday, 9:00 a.m. to 5:00 p.m.
• By appointment only
2419
3 Surrounding Area
420
4 Exterior View
Source: Bing Maps, Streetside
421
Floor Plan
5 422
Staff Recommendation to City Council:

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

2. Adopt a Resolution approving Conditional Use Permit to operate a skin care and massage therapy establishment at 19 Vantis (USE- 2023-00009).
6423
60367.01100\41338357.1
City of Aliso Viejo

AGENDA ITEM
DATE: June 7, 2023
TO: Mayor and City Council
FROM: So Kim, Director of Community Development
SUBJECT: RE-ADOPTION OF GENERAL PLAN AMENDMENT PA21-019 FOR THE 6TH CYCLE HOUSING ELEMENT UPDATE
Recommended Actions:

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

2. Adopt a Resolution (Attachment 1), adopting a General Plan Amendment for the 6 th Cycle Housing Element (PA21-019); and

3. Authorize the Community Development Director to make minor modifications to the Housing Element to the extent that such modifications are necessary to address further HCD comments and receive certification.

Fiscal Impact:

No impact.

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. State law requires that the Housing Element be updated every eight years. This proposed 6 th Cycle Housing Element covers the 2021-2029 planning period.

On January 19, 2022, the City Council adopted General Plan Amendment PA21-019 for the 6 th Cycle Housing Element, which was subsequently submitted to HCD for certification. On April 1, 2022, HCD provided the City with a letter outlining items that need to be addressed to receive certification (Attachment 3). 424
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Discussion:

Staff revised the Housing Element in response to HCD’s letter. The updated 6 th Cycle Housing Element (“HE”) was presented to HCD staff for preliminary review on April 24, 2023, and further revised based on minor verbal comments from HCD. Provided below is a summary of the key revisions made to the HE since it was last before the Council on January 19, 2022. The summary is organized so that it tracks HCD’s letter (Attachment 3). The page numbers at the end of each topic corresponds with the attached redline (i.e., track changes) version of the Housing Element (Attachment 1, Exhibit A).

A. Review and Revision (page CP-32)
a. Program 2 (Affordable Housing In-Lieu Funds) – added more information on the City’s in-lieu funds.
b. Program 4 (Section 8 Housing Choice Vouchers) – included the number of referrals made to Orange County Housing Authority in the past eight years.

B. Housing Needs, Resources, and Constraints

1. Affirmatively Furthering Fair Housing
a. Enforcement and Outreach Capacity – added City’s compliance with existing fair housing laws and regulations, patterns and summary of fair housing issues. (page CP-117)
b. Integration and Segregation – added local and regional analysis. (page CP-190)
c. Racially/Ethnically Concentrated Areas of Poverty (R/ECAP) - added local and regional analysis, patterns and changes in relevant factors. (page CP-146)
d. Access to Opportunity – added revised maps; analysis of the data; local and regional analysis. (page CP-151)
e. Disproportionate Housing Needs, Including Displacement – added more analysis and local and regional data related to cost burdened households, overcrowding, substandard housing, homelessness, and displacement risk. (page CP-165)
f. Local Data and Knowledge and Other Relevant Factors – added more analysis on Affirmatively Furthering Fair Housing analysis, relevant factors, and historical trends. (page CP-196)
g. Contributing Factors – prioritized contributing factors to fair housing issues. (page CP-194)
h. Site Inventory – specified number of anticipated units by income group and its impacts. (page CP-76)
i. Goals, Priorities, Metrics, and Milestones – revised and clarified goals and actions to include metrics and milestones. (page H-3)

2. Extremely Low-income Households (ELI) – added analysis on overcrowding, trends, and availability of resources. (page CP-7)

3. Overpayment by Tenure – specified number of overpaying households by tenure. (page CP-5)
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4. Inventory of Land Suitable and Available for Residential Development a. Sites Inventory – included a table that details existing uses, size, APNs, and number of units per income level. (page CP-67) b. Aggregated Sites – included lot merger and lot line adjustment process. (page CP-68)
c. Realistic Capacity – added more analysis on recent developments and associated affordability levels. (page CP-71)
d. Nonvacant Sites – added information on conversion of lots and site characteristics. (page CP-74)
e. Emergency Shelters – included locations of nearby shelters and capacity information. (page CP-16)

5. Governmental Constraints
a. Land Use Controls – added analysis on cumulative impacts, parking requirements, Community Benefit Overlay requirements, and other development regulations. (page CP-36)
b. Fees and Exaction – included fee schedule (page CP-49) c. Local Processing and Permit Procedures – included details on various planning application process including pre-application review, and processing times. (page CP-52)
d. Inclusionary Requirements – included details on the City’s in-lieu fee and affordable housing requirements. (page CP-32)
e. Housing for Persons with Disabilities – included compliance with state law regarding residential care facilities and group homes. (page CP-45)

6. Governmental Constraints – included analysis on land prices, and average processing time for development. (page CP-36)

7. Special Housing Needs – included total number of persons with disabilities and associated factors. (page CP-60)
C. Housing Programs – included specific commitment and timing to programs, included a table for the opportunity sites in the site analysis section, financial incentives, or regulatory concessions to encourage development of special housing, timing of ADU ordinance update, fees on the website, and compliance with state law regarding residential care facilities. (page H-8) D. Public Participation – additional information on City’s efforts on public outreach. (page CP-90)
E. Housing in the Coastal Zone – quantified the number of new housing in the coastal zone, including any affordable housing. (page CP-23) Staff recommends that the City Council adopt the attached Resolution, which: (1) re- adopts the HE; (2) directs staff to submit the HE to HCD for certification; and (3) authorizes the Community Development Director to make minor modifications to the HE to the extent that such modifications are necessary to address further HCD comments and receive certification.
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Environmental:

The 6 th Cycle Housing Element Update (“HE”) has been reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. (CEQA)) and the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.). On January 19, 2022, the City Council adopted the HE and determined that its action at that time was exempt from environmental review under CEQA. 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 exemption determination was based on the reasoning that the HE will not result in any direct or indirect physical changes to the environment because it is a policy document that 1) does not provide entitlements to any specific land use projects, 2) does not make any changes to the General Plan land use map and 3) would not modify any land use designations, allowed densities, or land use intensities established by the General Plan.

The 2022 HE was then submitted to HCD, who then required revisions for compliance with state housing laws. The revisions for the most part include additional local and regional analysis primarily related to fair housing and clarifications to other topics.

However, there were some changes to the identified future housing sites to meet the City’s share of affordable housing. Specifically, the previously adopted 2022 HE identified six separate sites that would potentially accommodate 1,247 residential units and expected 540 accessory dwelling units (ADU) to be constructed citywide over an 8-year period. While ADUs count towards the City’s share of affordable housing, the projected unit count must be based on past trends. As the City has had only two ADU applications in the past eight years, there is no historical trend to justify the production of 540 ADU units. Accordingly, the ADU unit count has been reduced from 540 to eight units. The original sites for future development were reevaluated based on allowable density and a new vacant site with a residential overlay was added to offset the loss in ADU units.

Specifically, the revised HE increased the number of potential units to 1,719 and reduced the number of ADUs to eight units over the next eight-year period. The redistribution of future residential units simply augments the types of units and does not result in an increase in units. Additionally, the HE does not entitle developments and each project will require individual analysis, compliance with the City’s design guidelines, and environmental analysis to minimize any potential impacts. Also, as the City does not have interest in acquiring or being the developer for these sites, the HE will not result in direct physical development. Therefore, Staff finds that the HE continues to be exempt per Section 15061(b)(3).

Public Notice:

On May 25, 2023, a public notice of the public hearing was published in the Laguna Niguel News and mailed to all property owners within 300 feet of the subject site. Staff received two public comments (Attachment 2), albeit before the public notice issuance. The first comment was received via email from Welcoming Neighbors Home, raising concerns on 427
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the opportunity sites identified in the previous version of the HE (specifically the feasibility of the Commons site). Previously the HE identified 497 units on the Commons site, of which 297 were designated as affordable. The revised HE identifies a total of 362 units with 10% allocated for affordable housing, which is a more realistic capacity for the site.

The second comment was an email from HCD requiring submittal of the revised HE by no later than June 9, 2023, and detailing consequences for not doing so.

Attachments:

1. Draft Resolution
a. Exhibit A - 6th Cycle Housing Element

2. Public Comments

3. Letter from HCD dated April 1, 2022

4. Presentation
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RESOLUTION NO. 2023-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO

VIEJO, CALIFORNIA, ADOPTING A GENERAL PLAN AMENDMENT
FOR THE 6TH CYCLE HOUSING ELEMENT (PA21-019)
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, the California Government Code requires cities to review and update their Housing Element every eight years, according to a schedule set by HCD; and WHEREAS, the Housing Element sets forth the housing policies for the City, facilitates the preservation and development of housing, and establishes programs to accommodate the City’s share of the regional housing needs in Southern California; and WHEREAS, the City of Aliso Viejo has been assigned an allocation of 1,195 new housing units as its share of the regional housing needs assessment (“RHNA”) in Southern California; and
WHEREAS, in accordance with state law, the City prepared a draft Housing Element for the planning period covering 2021-2029 (hereafter “HE”); 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 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; 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 HE; and
WHEREAS, on August 18, 2021, the City Council held a publicly noticed meeting where it considered public input and recommendations presented by staff in the agenda report and oral presentation relating to the proposed HE (i.e., Planning Application PA21-019).

Thereafter, the Council directed staff to submit the HE to HCD; and WHEREAS, staff submitted the HE to HCD on August 19, 2021; and WHEREAS, on October 18, 2021, HCD issued a letter reporting its findings on the HE pursuant to Government Code Sec. 65585(d); and
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WHEREAS, the HE was revised to address HCD’s findings; and WHEREAS, on January 19, 2022, the City Council held a duly noticed public hearing and adopted Resolution No. 2202-04, adopting General Plan Amendment PA21-019 for the HE and finding that the request is exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines Sections 15061(b)(3) (Common Sense Exemption); and
WHEREAS, on April 1, 2022, the City received a letter from HCD stating that further revisions to the HE were necessary to comply with state law; and WHEREAS, staff revised the HE to address HCD’s comments; and WHEREAS, on May 25, 2023, a public notice of the public hearing regarding the HE was published in the Laguna Niguel News and emailed to appropriate public agencies; and WHEREAS, on June 7, 2023, the City Council held a duly noticed public hearing regarding the HE and considered public testimony and evidence and recommendations presented by staff in the agenda report and oral presentation; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALISO VIEJO AS FOLLOWS:

Section 1: Incorporation. The City Council hereby finds that the above recitals are true and correct and are hereby incorporated herein by this reference.

Section 2: CEQA Findings. 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 HE will not result in any direct or indirect physical changes to the environment because it is a policy document that 1) does not provide entitlements to any specific land use projects, 2) does not make any changes to the General Plan land use map and 3) would not modify any land use designations, allowed densities, or land use intensities established by the General Plan.

The revisions in response to HCD requirements include additional local and regional analysis primarily related to fair housing and clarifications to other topics. However, there were some changes to the identified future housing sites to meet the City’s share of affordable housing. Specifically, the previously adopted 2022 HE identified six separate sites that would potentially accommodate 1,247 residential units and expected 540 accessory dwelling units (ADU) to be constructed citywide over an 8-year period. While ADUs count towards the City’s share of affordable housing, the projected unit count must 430
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be based on past trends. As the City has had only two ADU applications in the past eight years, there is no historical trend to justify the production of 540 ADU units. Accordingly, the ADU unit count has been reduced from 540 to eight units. The original sites for future development were reevaluated based on allowable density and a new vacant site with a residential overlay was added to offset the loss in ADU units. Specifically, the revised HE increased the number of potential units to 1,719 and reduced the number of ADUs to eight units over the next eight-year period. The redistribution of future residential units simply augments the types of units and does not result in an increase in units. Additionally, the HE does not entitle developments and each project will require individual analysis, compliance with the City’s design guidelines, and environmental analysis to minimize any potential impacts. Also, as the City does not have interest in acquiring or being the developer for these sites, the HE will not result in direct physical development.

Section 3: General Plan Amendment Findings.In accordance with Aliso Viejo Municipal Code section 15.78.020(F), the City Council hereby finds as follows:

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

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

State planning law requires the HE be consistent with other General Plan elements. The HE most closely relates to the Land Use Element and is consistent with all elements of the General Plan. Specifically, the HE amendment is consistent with:
a) The Housing Element: The HE replaces the existing Housing Element in its entirety. All policies and program recommendations within the HE have been analyzed to determine the appropriateness of retention and/or implementation. b) The Land Use Element: The HE 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. The HE 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 vacancy, housing costs and affordability, and at 431
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risk rental housing. Secondly, the HE 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 HE are located within close proximity to retail and commercial establishments demanded by residents. Specifically, Program 1 of HE will advance this goal by expanding residential development opportunities that would contribute to the City’s tax base. The HE will help to promote the City as an employment center by providing adequate housing for employees of national, regional, and local businesses headquartered in the City. The HE will encourage innovative mixed-use, pedestrian-friendly development projects that reduce traffic congestion and improve quality of life.
c) The Circulation Element: The HE 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 City and the surrounding region.
d) The Noise Element: The HE 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 the HE, 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. The HE 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, the HE will enable residents 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 HE 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 the City and the region. The HE will support this goal by enabling residents to live, work, and recreate within a small radius. Developing residential units near commercial resource centers, schools, and churches will 432
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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. The HE 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 HE 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. The HE 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. The HE 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. The HE 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 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, the HE 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 HE makes no changes to the General Plan Land Use Policy Map. The HE 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 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 mixed use, construction of accessory dwelling units (ADUs), and rezoning of office properties were identified due to the City 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 HE present opportunities for new residential 433
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development and are suitable for redevelopment. Any future housing development projects will be subject to separate entitlement review.

Section 4: Adoption. The City Council hereby adopts the HE (i.e., Planning Application PA21-019), attached hereto as Exhibit “A” and incorporated herein by reference.

Section 5. Minor Modifications. The Community Development Director is hereby authorized to make minor modifications to the HE to the extent that such modifications are minimally necessary to address HCD review comments to receive certification.

Section 6: Transmit Housing Element to HCD. Staff is hereby directed to transmit the HE to HCD for review and certification.

Section 7: 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 CEQA website, and provide the notice to parties requesting NOE notification.

Section 8: Location of Documents. The administrative record for the HE 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 7th day of June, 2023. __________________________
Richard Hurt
Mayor
APPROVED AS TO FORM: ATTEST:

__________________________ __________________________
Scott C. Smith, City Attorney Mitzi Ortiz, MMC, City Clerk 434
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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 the foregoing is the original of Resolution No. 2023-__ duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the 7th day of June, 2023, by the following roll call vote, to wit:

AYES:

NOES:

ABSENT:
___________________________

MITZI ORTIZ, MMC

CITY CLERK
(SEAL)
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ALISO VIEJO GENERAL PLAN
H-1

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 co mprises
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 34
th city i n
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.

H
OUSING
P
LAN

I

NTRODUCTION

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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 hous ing
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 policie s 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 dem ographics 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 identifyin g 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 Ci ty 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.

ISSUES, GOALS, AND POLICIES
The Community Profile provided under Appendix A established the housing needs, constraints, opportunities and resources in the City of Aliso Viejo. This section sets forth the City’s goals, policies and programs to address Aliso Viejo’s identified housing needs:
• Goals are the results that the City desires to achieve over the housing planning period. They are general expressions of values or preferred outcomes, and therefore, are abstract in nature and may not be fully attained. The goals are the basis for City policies and actions during this period.

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• Policies are specific statements that will guide decision-making. Policies serve as the directives to developers, builders, service providers, decision makers and others who will initiate or review new development projects or seek to provide housing- related services in Aliso Viejo. Some policies stand alone as directives, but others require that additional actions be taken. These additional actions are listed under "programs" in the following section.

• Pro grams are the core of the City’s housing strategy. Programs translate goals and policies into actions. These include on- going programs, procedural changes, zoning ordinance changes, and other actions that implement the housing policies and help achieve housing goals. Each program identifies the responsible agency, funding source, timeframe for implementation, and specific objectives. The goals, policies, and implementation programs of the Housing Element address three Citywide issues:
1) Providing a dequate 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, s uch 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.
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ALISO VIEJO GENERAL PLAN
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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.

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 i ncreased 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. 440

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Policy H-2.3 Work to preserve the affordability of publicly assisted and privately financed housing units and to discourage their conversion to market-rate housing by requiring condominium conversions to provide very -low- and 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.

AFFIRMATIVELY FURTHERING FAIR 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. Based on the Affirmatively Furthering Fair Housing (AFFH) analysis provided in C.7 of the Community Profile, the following goals have been established.

Goal H-3a Ensure that all persons and household types have equal 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 opportu nity 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.
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ALISO VIEJO GENERAL PLAN
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Policy H-3.3 Encourage the provision of housing to meet the needs of families of all sizes.

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 fr om 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 city supported Low-Income Housing Tax Credit (LIHTC) projects to be ADA accessible with at least 4 percent of total units to be accessible for persons with hearing and/or vision disabilities.
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ALISO VIEJO GENERAL PLAN
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Policy H-3.13 Consider incorporating a fair housing equity analysis into the review of significant rezoning proposals and specific plans.

Policy H-3.14 Study and make recommendations to improve and expand Orange County’s public transportation to ensure that members o f 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.

HOUSING PROGRAMS
The goals and policies outlined in the prior section address Aliso Viejo’s identified housing needs, and are implemented through a series of housing programs offered primarily through the City’s Community Development Department. This Housing Program 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 five headings and presented in numerical order, are designed to accomplish the following:
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ALISO VIEJO GENERAL PLAN
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• 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.

VARIETY OF HOUSING OPPORTUNITIES

1. Adequate Sites for New Housing and Monitoring of No Net Loss 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 plannin g period. This includes monitoring the City’s compliance with SB 166 (no net loss).

Actions & Timeframe:
• Immediately following HCD certification of the Aliso Viejo Housing Element, the City will process amendments to the General Plan and zoning regulations to redesignate and rezone the sites proposed for the Planned Residential Development Overlay District (PRD) to accommodate 100% of the shortfall of potential lower-income housing units to accommodate the RHNA allocation as identified in Appendix C, Table CP -32. Sites to be redesignated and rezoned shall be those identified in Appendix C, Table CP -33 and shall comply with the provisions of Government Code §65583.2.h and §65583.2.i. The amendments shall be completed by December 31, 2024.
• By December 31, 2024, the City shall take action through a lot merger to consolidate the four lots that make up the Freedom Land project to facilitate residential development on the site.
• By December 31, 2023 and annually thereafter, The City shall monitor compliance with SB 166 and develop a procedure to track:
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o Unit count and income/affordability assumed on parcels included in the sites inventory.
o Actual units constructed and income /affordability when parcels are developed.
o Net change in capacity and summary of remaining capacity in meeting remaining RHNA.
• City staff will shall continue to provide assistance to applicants for housing developments on sites to be rezoned during the review process. • The City will shall 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 and maintain adequate sites for housing to accommodate regional needs throughout the 2021 -
2029 planning period (Table H-1).

Responsible Agency: Community Development 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 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 12unit CBO project, Ventana Ridge, as well as a small percentage from the 445

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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.

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.

To encourage and facilitate affordable housing development in Aliso Viejo , including housing for extremely low-income and very low-income households, and households with special needs (such as persons with disabilities and farmworkers), the City will provide the following incentives to private developers along with information regarding the availability of funding through federal and State housing assistance:
• 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 by December 2028.

• The City shall priorityizes 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 This 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.

• The City shall provide and maintain the list of opportunity sites on the City’s website and distribute to affordable housing developers.

• Provide permit fast-tracking for projects that include housing affordable to lower-income households, prioritizing projects that include units affordable to extremely low-income households;

• Provide relaxed development standards f or projects that include an affordable housing component; and
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.

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Actions & Timeframe: - Update density bonus regulations by December 2028 - Annually update website information and contact non- profit organizations and affordable housing developers
via written correspondence to explore opportunities for affordable housing. Outreach should include developers
and non- profit organizations with experience in
development projects that include units affordable to
extremely low-income households and households with
special needs.
- Continue to provide regulatory and technical assistance to affordable housing developers and non- profit
organizations, such a s providing information on our
website and pre-submittal meetings.
- Annually explore various sources of funding
opportunities, including those available for low income households.
- Apply for or support applications for affordable housing funds for projects or programs that are consistent with the goals and objectives with this Housing Element.

Objective: New affordable housing commensurate with regional needs (Table H-1 to provide 390 very-low-income units
and 214 low-income units)
Responsible Agency: Community Development 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. As a small city , Aliso Viejo does not have the financial resources to directly offer a homebuyer assistance program. However, Aliso Viejo residents are eligible to participate in several County and State programs, including the County’s Mortgage Assistance Program (MAP) , and California Mortgage Credit Certificates (MCC) and Homebuyer’s Down payment Assistance Program (CHDAP) offered by the State:

• MAP provides silent (deferred payment) down payment assistance loans to assist low -income first -time homebuyers (FTHB). Eligible FTHB’s annual income must not exceed 80% of the Area Median Income (AMI). The loans are designed to help with the down 447

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payment to purchase a home. The 3% simple interest, deferred payment loan has a 30 year term and a maximum loan amount of $80,000. Homebuyers must occupy the property as their primary residence. There is a 1% minimum down payment requirement for this program and the total sales prices shall not exceed 85% of the Orange County median sales price for all homes. All applicants are required to attend a homebuyer education workshop.

• MCC allows qualified first -time homebuyers to reduce their federal income tax by up to 20% of the annual interest paid on a mortgage loan. With less being paid in taxes, the homebuyer’s net earnings increase, enabling him/her to more easily qualify for a mortgage loan.

The MCC may only be used to purchase single -family detached homes, condominiums, townhouses, or owner-occupied duplexes.

• CHDAP provides a deferred-payment junior loan, up to three percent of the purchase price, or appraised value, whichever is less, to be used for their down payment and/or closing costs.

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).

Actions & Timeframe: - Promote MAP, MCC and CHDAP programs to residents through dissemination of information by
adding the information to the City’s housing webpage
by December 2023.
- Continue to r efer residents to County of Orange
Affordable Housing Clearinghouse and the CA Housing
Finance Agency for assistance.

Annual updates to information posted on the City
website
Program Objective: Provide MAP, MCC, and CHDAP program information on the Cit y’s website. home buyer assistance
information to potential homeowners in Aliso Viejo
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Responsible Agency: County of Orange Affordable Housing Clearinghouse and Community Development Department

Funding Source: General Fund; County and State homebuyer assistance programs

4. Section 8 Housing Choice Vouchers
The Orange County Housing Authority (OCHA) is responsible for administering the Housing Choice Voucher Program, also known as Section 8 housing. The Section 8 Housing Choice Vouchers program extends rental subsidies to very - low-income households and seniors who spend more than 30 percent of 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 fFunding is determined by the federal government; therefore, the City has no ability to determine the number of vouchers available in Aliso Viejo. While the City does not administer the Section 8 Housing Vouchers program, approximately 145 referrals were made to OCHA between 2013 and 2021. The City will provide information regarding the Section 8 program on the City website and other locations in the City.

Actions &Timeframe: Throughout the planning period
- Continue to promote the Housing Choice Voucher
program to residents and property owners through the
dissemination of brochures and public counters,
providing information on the City’s website, and
referring residents and property owners to OCHA.

- Work with OCHA to promote and accept the Housing
Choice Vouchers through outreach and education to
renters and rental property managers. Specifically,
California legislature passed SB 329 in 2019, which
redefines source of income as “lawful, verifiable income paid directly to a tenant or to a representative of a
tenant, or paid to a housing owner or landlord on behalf of a tenant, including federal, state or local public
assistance, and federal, state, or local housing subsidies, including, but not limited to, federal housing assistanc e vouchers issues under Section 8 of the Uni ted States
Housing Act of 1937.” SB 222 passed in 2019 also
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extends the same protection to VASH (Veterans Affairs
Supportive Housing) voucher recipients.

- Add information and links to OCHA Housing Choice
Voucher programs to the City’s website by December
2023.

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 we bsite and
in newsletters, and distribute information at the public counter at City Hall throughout the planning period
- Annually promote the use of Housing Choice Vouchers
by providing informational materials to rental property managers and to the community through various
communication outlets including print and social media.

Responsible Agency: Orange County Housing Authority; Community Development 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 the Special Housing Programs (SHP) which provides 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: Community Development Department
Program Objective: C ontinue 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.

Actions & Timeframe: Continuously throughout the planning period - Continue to promote the SHP to residents and
property owners through the dissemination of
brochures and public counters, providing information
on the City’s website, and referring residents OCHA.
-Annually promote the SHP to residents through various
communication outlets including print and social media.

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 dome stic 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. 451

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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.

Actions & Timeframe:

Throughout the planning period
- Annually solicit and award grant applications from a
variety of local non-profit service based organizations. -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.

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
support programs into the annual cycle of grant
funding. To cont inue to support and provide grant
funding to a variety of local non -profit service based organizations to serve the community’s needs.

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 nuisa nce 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 assista nce for rehabilitation. To increase awareness of property maintenance requirements, information on common code violations will be provided at the public counter, on the City’s website, and periodically in the City newsletter or social media accounts.

Actions & Timeframe:

Throughout the planning period
- To encourage the conservation and maintenance of
existing units in compliance with building code, zoning 452

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and environmental standards, on an annual basis the
City will provide public educational information on their website about property maintenance requir ements.

Information on common code violations will be
provided at the public counter, on the City’s website,
and periodically in the City’s publications.

- Ongoing implementation and annual monitoring
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 encoura ge
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.

One annual educational campaign about maintenance
requirements on social media by December 31 of each
year.

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.

Timeframe: Throughout the planning period
Annually monitor the status of affordable units and
notify property owners of potential conversion to
market rate housing, and pursue options to preserve
the units.

Responsible Agency: Community Development Department
Funding Source: General Fund
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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.

To maintain existing and future affordable units and
prevent them from converting to market- rate 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 by December 2023.

Actions & Timeframe: Throughout the planning period; Zoning Code amendment by October 2022
- Continue to provide assistance and expedited review
to projects proposing affordable units.
- Establish SB 35 review procedures and objective
standards by December 2025.

Responsible Agency: Community Development Department
Funding Source: General Fund
Program Objective: Minimize permit processing time to reduce development costs for affordable housing.

10. Housing for Persons with Special Needs
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 an d 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 454

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non-residential zones permitting multi -family uses if the proposed housing development meets specified criteria. The City’s code permits by -right, both supportive and transitional housing in all zones where residential is allowed, including mixed use and non-residential. AB 101 (2019) added the requirement that 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 Code amendments to address these requirements 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 all facilities residential care facility types and shall 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.

Action and Timeframe:

- The City shall review the Zoning Code for consistency with AB 101, AB 139, and AB 2162. Code amendments
shall be complete by October December 20224
Responsible Agency: Community Development Department
Funding Source: General Fund
Program Objective: Encourage Facilitate the provision of transitional/supportive housing, emergency shelters,
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’s 2012 ADU ordinance will be updated by December 2023 to comply with state law . The City will continue to monitor changes to State ADU law by December 31st, annually and update regulations as necessary to ensure ongoing conformance. The City will continue to encourage ADU 455

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production through targeted public information and identification of a designated planner to provide assistance to ADU applicants. by creating an ADU dedicated webpage on the City’s website that will be continuously monitored and updated by December 31, 2023.

Actions & Timeframe: Adopt Code amendments by October 2022December 2023
Responsible Agency: Community Development Department
Funding Source: General Fund
Program Objective: 8 ADUs during the planning period

EQUAL ACCESS TO HOUSING

12. 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 City of Aliso Viejo is committed to promoting and providing housing opportunities through meaningful actions. In summary, the City of Aliso Viejo offers very high opportunity areas, which are defined by the State as places that currently have strong economic, environmental, and educational outcomes, but face challenges in providing a range of housing types and prices suitable for lower-income households. Providing a range of affordable housing can help foster more inclusive communities and increase access to opportunities for low- income persons, the elderly, persons with disabilities, and other protected classes. The goals outlined in the table below address top three fair housing issue categories, along with the previous programs that promote affordable housing development, contribute to further addressing the fair housing issue areas that exist in the city.

The following table summarizes fair housing issues, contributing factors, goals to address issues, specific City commitments to the program, time frame, and metrics the City will use to achieve the goals. The actions listed below, along with the programs above, are designed to cumulatively contribute to AFFH goals.
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AFFH
Identified
Fair Housing
Issues
Contributing Factors City Commitments
Timeframe and
Metrics
Housing
Disparities for
Low-income
Residents and
Displacement
Risk
Goal - Expand
access to
opportunity
for all
protected
classes

1. Location and type
of affordable
housing

2. Lack of access to
opportunity due to
high housing costs

3. Insufficient fair
housing outreach
and enforcement

4. Availability of
affordable housing

5. Availability of
affordable units in a
range of sizes

6. Insufficient Housing
Choice Vouchers

7. Displacement of
residents due to
economic pressures

1. Identify sites in high
opportunity areas for new
housing development.

2. Review policies and programs
that increase the supply of
affordable housing and ensure
they facilitate development.

3. Through the Fair Housing
Foundation, the City will
conduct landlord/tenant
education campaign to educate
property owners, apartment
managers, homeowner
associations on about State fair
housing laws such as
discrimination and reasonable
accommodations. prohibiting
discrimination and based on
household income.

4. Encourage development of a
range of affordable housing
types, including senior housing
and housing that
accommodates persons with
disabilities.

5. Encourage the development of
ADUs in appropriate locations
to expand housing
opportunities for all income
levels.

6. Promote Housing Choice
Vouchers (Section 8) offered
by the Orange County
Housing Authority (OCHA)

7. Through the Fair Housing
Foundation provide a tenant
rights education and
information campaign to
educate renters about their
rights.

8. Through the Fair Housing
Foundation, the City will
annually provide fair housing

1. To be conducted
annually beginning in
FY 23/24. Track
number of sites
identified, and through
written communication
contact local affordable
housing developers by
December 31st of each
year informing them of
the City’s opportunity
sites.

2. To be conducted
annually by December
31st of each year
beginning in FY 23/24.

Monitor production of
affordable housing,
with the goal of
developing 809 low
and moderate income
affordably units within
the Planning period.

3. To be conducted
annually by December
31st of each year
beginning in FY 23/24.

Track participants and
engagements of
education campaign
events, with the goal of
seeing at least 5 people
participate/engage in
events.

4. Update information
and materials to
promote the
development of diverse
types of affordable
housing. Track the
number of reasonable
accommodation
requests submitted to
the City.
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AFFH
Identified
Fair Housing
Issues
Contributing Factors City Commitments
Timeframe and
Metrics
education and information to
apartment managers and
homeowner associations on
why denial of reasonable
modifications/accommodations
is unlawful.

9. Through the Fair Housing
Foundation, the City will
annually conduct fair housing
outreach to tenants, landlords,
property owners, realtors, and
property management
companies.

5. Develop ADU
informational materials,
such as “as built”
sample plans to
promote the
development of ADUs
in the City by FY
23/24. Monitor the
production and
affordability of ADUs
annually, with the goal
of seeing at least 1 ADU
permit approved per
year.

6. The City shall attend
OCHA Housing
Advisory Commission
meeting to enhance the
exchange of
information regarding
the availability,
procedures, and policies
related to the Housing
Assistance Voucher
program and regional
housing issues. The City
shall track quarterly
attendance.

7. To be conducted
annually. Track
participants and
engagement of events,
workshops, City
website posts, with the
goal of seeing at least 5
people
participate/engage in
the event .
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AFFH
Identified
Fair Housing
Issues
Contributing Factors City Commitments
Timeframe and
Metrics
Protecting
Existing
Residents
from
Displacement

8. Displacement
of residents
due to
economic
pressures

9. Availability of
affordable
housing

10. Availability of
affordable
units in a
range of sizes

Insufficient
Outreach and
Education of
Existing
Resources for
Persons with
Disabilities
and Single
Female-
headed
Households

Goal – Bring
Existing
Resources to
Protected
Classes

1. Lack of outreach
and education
regarding
supportive services
for persons with
disabilities

2. L
ack of education
regarding access to
resources available
in the City and
County, such as
schools,
transportation, and
other in-home or
community
resources, for
persons with
disabilities and
single female-
headed households

1. Review and amend if
necessary the City’s Housing
and Reasonable
Accommodation regulations
and procedures.

2. Partner with the County of
Orange Social Services Agency
to provide information to
residents about supportive
services for persons with
disabilities and single female-
headed households.

3. Partner with OCTA and
publish public transit
programs that service the area
such as OC Flex, OC ACCESS
Service, and youth rider free
pass.

1. Review/amend
regulations and
procedures by the end
of FY 23/24.

2. To be conducted
annually by December
31st of each year. Track
marketing of
supportive services via
traditional publication
and nontraditional
marketing (e.g.,
website).

3. To be conducted bi-
annually by December
31st of each year. Track
marketing of
supportive services via
traditional publication
and nontraditional
marketing (e.g.,
website).

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AFFH
Identified
Fair Housing
Issues
Contributing Factors City Commitments
Timeframe and
Metrics
Substandard
Conditions

Goal – Educate,
Outreach, and
Reduce
Existence of
Substandard
Conditions

1. Age of housing stock
and insufficient
affordable and
healthy homes for
very-low incomes

2. Lack of insufficient
outreach and
education on code
enforcement

3. Insufficient funding
for cost repairs or
rehabilitation

4. Via Iglesia
neighborhood have
homes in need of
repairs

1. Add information about City’s
Code Enforcement service on
the City’s website for renters and
owners.

2. Create educational materials
about healthy homes, what is
considered substandard housing,
and the City’s code enforcement
service to be posted on City’s
website and during outreach
events.

1. Information added on
City’s website to be
completed by the end of
FY 23/24. Conduct one
annual informational
campaign on Code
Enforcement services.

2. Educational materials to
be completed by the
end of FY 23/24 and
posted to the City’s
website. Annually
update educational
materials and track
where the materials
have been disseminated
with the goal of having
Code Enforcement
provide materials to one
home substandard home
annually.

Actions, Timeframe, & Metrics: See above table Throughout the planning period
Responsible Agency: Community Development Department; Fair Housing Foundation; Code Enforcement, OCHA, OCTA
Funding Source: County Housing Funds

Program Objectives: Inform residents and owners on fair housing issues and assist in getting their housing concerns and issues
addressed by the appropriate agencies over the eight
year planning period.

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
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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.

ENERGY CONSERVATION

13. 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 hous es, 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 im plementation 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 Annually conduct an Energy Conservation campaign through social media
to educate residents how to save energy.

Responsible Agency: Community Development Department
Funding Source: General Fund
Program Objective: Encourage Provide energy conservation education to residents.
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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 5 28 528

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APPENDIX
C:

COMMUNITY PROFILE
Contents
(PAGE NUMBERS TO BE UPDATED AFTER CERTIFICATION)
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 Low- and Moderate-Income Housing in the Coastal Zone ................................................ 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 ............................................................................. 77 C.7 Fair Housing Assessment .................................................................................. 107 Introduction and Overview of AB 686 ........................................................................... 107 Assessment of Fair Housing Issues ................................................................................... 107 Integration and Segregation ............................................................................................. 110

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Racially and Ethnically Concentrated Areas ..................................................................... 124 Access to Opportunity .................................................................................................... 127 Disproportionate Housing Needs ..................................................................................... 131 Outreach ........................................................................................................................ 138 Local Data and Knowledge ............................................................................................. 138 Sites Inventory ................................................................................................................ 139 Identification and Prioritization of Contributing Factors ................................................... 141 Summary of Fair Housing Issues and Actions for Mitigation ............................................. 143

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 Development Standards ..................................................................... 38 Table CP-26 Parking Requirements by Use ............................................................................... 40 Table CP-27 Permitted Residential Land Uses by District .......................................................... 42 Table CP-28 Planning and Development Fees .......................................................................... 46 Table CP-29 Road Improvement Standards .............................................................................. 47 Table CP-30 Progress in Achieving Quantified Objectives 2013-2021......................................... 55 Table CP-31 2013-2021 Housing Element Program Evaluation .................................................. 57 Table CP-32 Vacant Residential Land Inventory ....................................................................... 68 Table CP-33 Sites Proposed for PRD Overlay ........................................................................... 69 Table CP-34 Dissimilarity Index (0-100) .................................................................................. 110

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Table CP-35 Dissimilarity Index Values by Race & Ethnicity, Orange County vs. Aliso Viejo ..... 110 Table CP-36 Isolation Index Values by Race and Ethnicity, Orange County .............................. 111 Table CP-37 Isolation Index Trends, Aliso Viejo ....................................................................... 111 Table CP-38 Disability by Type, Orange County/Region/Aliso Viejo ....................................... 115 Table CP-39 White Household Income and Percent Population .............................................. 125 Table CP-40 Domains and List of Indicators for Opportunity Maps ........................................ 128 Table CP-41 Opportunity Map Scores and Categorization (2021) ............................................ 128 Table CP-42 Demographics of Households w/ Disproportionate Housing Needs, Aliso Viejo …131 Table CP-43 Demographics of Households w/ Severe Housing Cost Burden, Aliso Viejo ......... 132 Table CP-44 Percentage of Overcrowded Households by Race or Ethnicity, Aliso Viejo vs.

Orange County ...................................................................................................................... 134 Table CP-45 Number of Housing Units by Year Built, Aliso Viejo ........................................... 136

List of Figures
Figure CP-1 Sites Proposed for PRD Overlay ............................................................................. 71 Figure CP-1 Areas of Minority Concentration in Aliso Viejo (2018) .......................................... 112 Figure CP-2 Percent of Population with Disabilities, South Orange County Region .................. 113 Figure CP-3 Percent of Population with Disabilities, Aliso Viejo ............................................... 114 Figure CP-4 Disability Status in South County .......................................................................... 115 Figure CP-5 Percentage of Adults Living Alone, Aliso Viejo ...................................................... 117 Figure CP-6 Percentage of Adults Living with their Spouse, Aliso Viejo .................................... 118 Figure CP-7 Percentage of Children in Married Couple Households, Aliso Viejo ...................... 119 Figure CP-8 Percentage of Children in Single Female-Headed Households, Aliso Viejo ............ 120 Figure CP-9 Low and Moderate Income (LMI) Areas, South Orange County ........................... 122 Figure CP-10 Low and Moderate Income (LMI) Areas, Aliso Viejo .......................................... 123 Figure CP-11 Racially/Ethnically Concentrated Areas of Poverty (R/ECAPs), Orange County .... 124 Figure CP-12 White Population and Median Income Distribution ............................................ 126 Figure CP-13 CalEnviroScreen 4.0 Percentile Scores ................................................................. 130 Figure CP-14 Cost Burdened/Overpayment for Renters and Owners – Aliso Viejo ................... 133 Figure CP-15 Overcrowded Households, Aliso Viejo vs. Orange County ................................. 135 Figure CP-16 Displacement Typology, Aliso Viejo ................................................................... 137 465

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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 assess ment 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).

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Table CP-3
Employment by Industry

Table CP-4
Employment by Occupation – Aliso Viejo and SCAG Region

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 c onsidered households. A community’s household characteristics serve as an important indicator of the type and size of housing needed.
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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

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.

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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 renter households experiencing overcrowding by making rental assistance available to facilitate moving into larger units.

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.
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“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.

As shown in Table CP-7, 20% of renters in Aliso Viejo and 16% of homeowners overpay for housing. The majority of renters that overpay are in the lower income groups, with 52% in the extremely low-income group and 43% in the very low-income group severely overpaying for housing (over 50% of their monthly income). Comparatively, 29% of extremely low -income owners and 15 .0% of very low -income owners are severely overpaying. Therefore, while overpayment is more predominate among lower income renter households, overpayment is an issue for both renter and owner households. Slightly more than one-third (36%) of all households in Aliso Viejo overpay for housing.

Table CP-7
Overpayment by Income Category and Tenure
Housing Cost Burden Owner Renter Total
Cost Burden <=30% 8,065 44% 3,620 20% 11,685
Cost Burden >30% to <=50% 1,905 10% 1,870 10% 3,775
Cost Burden >50% 1,080 6% 1,805 10% 2,885
Cost Burden Not Available 90 <1% 90 <1% 180
TOTAL 11,135 60% 7,380 40% 18,515
Income By Cost Burden Burden
>30%
Burden
>50%
Burden
>30%
Burden
>50%
Total
Households
Household Income <=30% 580 515 965 945 1,805
Household Income >30% to <=50% 415 265 1,070 755 1,750
Household Income <=50% to <=80% 650 180 1,175 105 2,815 Household Income <=80% to >=100% 605 90 255 0 2,200
Household Income >100% 735 30 210 0 9,950
TOTAL 2,985 1,080 3,675 1,805 18,515
Source: HUD CHAS, 2013-2017

Income by Cost Burden Cost Burden >
30%
Cost Burden >
50%
Total

660 635 790
710 640 810

1,185 425 1,240
725 10 1,095
325 – 3,435
3,605 1,710 7,375
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580 520 695

205 145 340
545 325 930
640 105 1,155
1,240 80 8,175
3,210 1,175 11,295
HAMFI = HUD Area Median Family Income
≤ = less than or equal to
≥ = greater than or equal to

Extremely-Low-Income Households
Housing the extremely-low-income population (below 30% of area median income) can be especially challenging. According to CHAS data from 2006 -2010 to 2015 -2019 data, Aliso Viejo’s extremely low -income household s make up 5% to 9% of all households showing a n upward trend over the 10 years . 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

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(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.

Pursuant to Government Code Section 65583(a)(1), 50% of Aliso Viejo’s v ery low-income
regional housing needs assigned by HCD are projected to be extremely low -income households. As a result, from the very low -income need of 390 units, the City has a projected need of 195 units for extremely low-income households (i.e., households earning 30% or less of the average median income). Based on current figures, extremely low - income households will most l ikely be facing an overpayment, overcrowding, or substandard housing conditions. Some extremely low -income households could include individuals with mental or other disabilities and special needs. To address the range of needs of ELI households, the City will implement several programs including the following programs (refer to the Housing Plan for more detailed descriptions of these programs):

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-L ow-Income Households by Race/Ethnicity and Tenure

SPECIAL NEEDS POPULATIONS
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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 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

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

Various programs can address the special needs o f 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
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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.

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.

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those with disabil ities 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, 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 es timate 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 disa bilities 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 b efore 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).

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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 County 1 (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 In dividual 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; p renatal 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 c lub, 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 481

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Task Force, Southern California Veterinary Medical Association, Soka University, Legal Aid Society of Orange County, and Orange County United Way Internal Revenue Service.

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 fa rming, 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.

2 American Community Survey 2014-2018
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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 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 unsheltered

3. 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 rent al assistance to those with disabilities and experiencing homelessness.

3 County of Orange, 2019 Point in Time Final Report, July 30, 2019 (http://ochmis.org/wphttp://ochmis.org/wp-content/uploads/2019/08/2019-PIT-FINAL-REPORT-

7.30.2019.pdfcontent/uploads/2019/08/2019-PIT-FINAL-REPORT-7.30.2019.pdf) 483

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ALISO VIEJO GENERAL PLAN
CP-17

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 to be minimal, 484

COMMUNITY PROFILE

ALISO VIEJO GENERAL PLAN
CP-18
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 a nd 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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COMMUNITY PROFILE

ALISO VIEJO GENERAL PLAN
CP-19
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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ALISO VIEJO GENERAL PLAN
CP-20
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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CP-21
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

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CP-22
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, O ctober 2021

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ALISO VIEJO GENERAL PLAN
CP-23
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. 490

COMMUNITY PROFILE

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CP-24
The Analysis of Impediments (AI) to Fair Housing Choice is the primary po licy 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.

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.
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CP-25
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.

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 A rea 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, w hich 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

ALISO VIEJO GENERAL PLAN

Racial Characteristics

Source: California Department of Housing and Community Development, AFFH Data Viewer, 2021

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Figure CP-2

ALISO VIEJO GENERAL PLAN

Poverty Status

Source: California Department of Housing and Community Development, AFFH Data Viewer, 2021 Disabilities

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Figure CP-3

ALISO VIEJO GENERAL PLAN

Source: California Department of Housing and Community Development, AFFH Data Viewer, 2021

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Figure CP-4

ALISO VIEJO GENERAL PLAN

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.

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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

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 on the four fo r s ufficient sites indicated in t o be selected from the sites listed in Table CP -26 to contribute to the City’s housing inventory. In addition, two religious sites have been identified which will contribute additional housing as shown in Table CP-27. With the addition of these sites, the City will meet and exceed its 2021 -2029 RHNA oblication in all income categori es. to accommodate the RHNA allocation. Maps showing these redesignation/rezone sites and religious sites sites are provided in Section C-5.

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Table CP- 25
Residential Land Inventory
Site General Plan Zoning Acreage Density
Units by Income Category
Total
Units

VL Low Mod
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
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. Affordable housing in- lieu fees are only required for condominium conversions. For new construction and /or conversion of other types of structures, affordable housing in -lieu fees are not required. However, in -lieu fees may be part of a Development Agreement, which is not an automatic requirement for residential developments. Development Agreements are only required if a General Plan or Zone Change is required with a Site Development Permit. Otherwise, the property owner may initiate a Development Agreement. Affordable housing in -lieu Ffunds 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 in-lieu fees were used to subsidize 50 very-low-income units.

The unit at 35 Playa Circl e 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 ten- year 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.

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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.

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 inc orporate 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 sig nificantly 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 pra ctical, 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 i n 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 allo w 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. 504

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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. Because there are virtually no vacant sites suitable for residential development in Aliso Viejo, land prices depend heavily on the existing improvements on the property and can vary widely. 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 condos 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.

In Orange County, unde v
eloped land is limited, and combined with a rapidly growing population, land prices have generally increased. A review of lots for sale and recently sold, using Zillow and Home.com listings, found zero lots for sale. The nearest vacant lots for sale were both single family residential lots, one lot was in Laguna Niguel for $2 million for an acre, and the other was in Laguna Beach for $2.15 million per acre.

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 505

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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:

• 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 buil t 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 th at 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. The re 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- 25. 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, 506

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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.

• 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 facil ities.

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-26Table CP-25
Residential Development Standards

RL
RM RH RVH PRD c 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 n/a n/a
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Side
10 ft. for one
side only; or
10 ft. aggregate
for both sides
0 ft. on
attached side;
10 ft. on open
side
For
singlefamily
detached
and
attached:
same
setbacks as
RL;
otherwise,
n/a
As
approved
for each
project
Rear 10 feet 10 feet
Minimum Perimeter Setback n/a n/a 20 feet 20 feet 20 feet d 20 feet d 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. These areas include:
• Vanitis
• Summit Aliso Viejo
• Aliso Viejo Resort and Golf Club
• Enterprise/Aliso Creek Road
• Eastwing
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. Development standards for the CBO areas relay on the underlying zoning district.

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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-26 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.

Table CP-27Table CP-26
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.

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Land Use Minimum Off-Street Parking
Requirement
Additional Requirements
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 sleeping area
Managed care: convalescent
homes

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

Flexibility in Development Standards
The City’s Municipal Code includes different processes that would allow for housing developers to either create new development standards or to deviate from existing development standards, as follows:
• The City has a Planned Residential Development overlay zoning district that allows deviation from specific development standards for planned development projects. (Aliso Viejo Municipal Code Section 15.10.040)
• The City’s Zoning Code includes a process for a alternative parking standards. (Aliso Viejo Municipal Code Section 15.38.140)
• For affordable housing projects, the City allows incentives, which usually include deviations from development standards, and density bonuses (Aliso Viejo Municipal Code Chapter 15.58.010).

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Impact of Land Use Controls
The City has considered and analyzed all relevant land use controls as potential constraints on a variety of housing types, both independently and cumulatively with other land use controls. This analysis, as outlined above, includes reviewing current General Plan guidance and existing zoning standards . 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 something that the property owner/manager has 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.

The City has included Program 1 as part of the Housing Plan to commit the City to prepare, adopt, and implement new zoning standards consistent with the densities and intensities to meet and exceed the City’s RHNA allocation. At this time, if an application was to be submitted for a site designated for development on any of the opportunity sites, the City would work with the applicant to prepare specific standards for the site which would set customized zoning consistent with the land use parameters identified in the opportunity sites. The City is committed to allowing the densities and intensities identified for these areas even as the final zoning standards are being prepared. Given this commitment and the City’s inclusion of specific programs in the Housing Plan which commit the City to complete the rezoning process, the City finds that its current land use control s no not impact the ability to achieve the densities identified in the sites inventory.

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 511

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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 consistency This 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-27.

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Table CP-28Table CP-27
Permitted Residential Land Uses by District

Accessory dwelling units subject to AVMC Sec. 15.14.080 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
Transitional and Supportive housing is defined by California Government Code Section 65582(j).

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-25), 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 P
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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 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. Program 10 in the Housing Plan includes a commitment to review and amend regulations to ensure conformance with applicable law.

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: In accordance with SB 520 and Government Code 65583(a)(7), the City recognizes the importance of providing housing for persons with disabilities. Persons with disabilities have a number of specific housing needs, including those related to design and location. Design needs generally include the removal of architectural barriers that limit the accessibility of dwelling units, and construction of wheelchair ramps, railings, etc. Location needs include accessibility to public transportation, commercial services, health care, and supportive services. Some persons with disabilities need group housing opportunities, especially those who are lower-income or homeless. The following discussion addresses these issues and determines that no specific City policy or regulation serves to impede the access that persons with disabilities have to housing that suits their specific needs.

Under the Lanterman Developmental Disabilities Services Act (Lanterman Act), small State- licensed residential care facilities for six or fewer persons must be permitted in all zones that allow single or multifamily uses, subject to the same permit processing requirements and development standards. As noted in Table CP 27, t he City of Aliso Viejo’s permits transitional and supportive housing by right in all residential zones, in compliance with the Lanterman Act. Occupancy standards for residential care facilities are the same as occupancy standards for all other residential uses. The Zoning Code also accommodates transitional and supportive housing in all residential districts subject only to the same requirements for residential uses of the same type (e.g., single-family or multifamily) in the same zone. These facilities may serve persons with disabilities. 514

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Building Code - Building construction and procedures within Aliso Viejo are required to conform to the current California Building Code, as adopted in Chapter 13 of the City’s Municipal Code. Standards within the Building Code include provisions to ensure accessibility for persons with disabilities. These standards are consistent with the Americans with Disabilities Act (ADA). No local amendments that would constrain accessibility or increase the cost of housing for persons with disabilities have been adopted and City officials are not aware of any instances in which an applic ant experienced delays or rejection of a retrofitting proposal for accessibility to persons with disabilities.

Reasonable Accommodations - Both the Fair Housing Act and the California Fair Employment and Housing Act require local governments to make reason able 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.

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

No emergency shelters are currently located within Aliso Viejo . While a majority of the City’s Business Park parcels are developed (consistent with all other areas of the City), there are vacancies within existing buildings, allowing for potential adaptive reuse of existing space. These parcels are infill sites in developed areas and are suitable for emergency shelters. Water, sewer, and utilities are available in the roadways adjacent to these parcels.

The BP districts are best suited for emergency shelters because they 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 516

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inappropriate for human occupancy in these a reas. 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 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.
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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- 28). 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 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 3,190square-foot garage) without a subdivision or development agreement are as follows:

Table CP-29Table CP-28
Planning and Development Fees
Permit Process Single Family Development1
(per unit)
Multifamily Development2
Planning: The following
applications are based on a cost
recoverable deposit account
Site Development Permit
Conditional Use Permit
Coastal Development Permit
Development Agreement
General Plan Amendment
Master Sign Program
Minor Modification
Minor Site Development Permit
Specific Plan/Amendment
Variance
Zone Change
Zoning Code Amendment
Zone Compliance Letter
CEQA Review
Appeal
Site Development Permit: Cost
Recoverable
Site Development Permit: Cost
Recoverable
Planning: Administrative Use
Permit
$931.50 $931.50
Planning: Exception Permit $829.99 $829.99
Planning: Pre-Application Review $650.86 $650.86
Planning: Ministerial Development
Review
$429.92 $429.92
Planning: Zoning Plan Check
Compliance
$89.57 hour $89.57 hour
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
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Permit Process Single Family Development1
(per unit)
Multifamily Development2
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)
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

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development cost. Because the City does not have development impact fees, Aliso Viejo fees are typically less than most surrounding communities.

The City periodically evaluates the actual cost of processing development permits when revising its fee schedule. The last review and update occurred in 202 2. 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 improvements.

On- and Off-Site Improvements
City road standards vary by roadway designation as provided in Table CP-29.

Table CP-30Table CP-29 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. 520

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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. To help facilitate the process the City does offer and recommend pre- application review to potential applicants.

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-27) 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 deve lopment 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.

4. Architectural Design. The architectural design of the project, including but not limited to the architectural style, scale, building mass, materials, colors, architectural details, and roof st yle, is compatible with surrounding development.

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, is compatible with surrounding development. 521

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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.

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. Standard practice for the City is to hold preapplication meetings at no cost to the property owner and/or applicant to ensure streamlined processing with little discretion at the time of formal submittal. The preapplication meetings include other departments and or agencies, such as the Fire Department, depending on the scope of work.

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-27). 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.
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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 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 discretionary process allows the project to be reviewed for appropriateness, scale, architecture, site design, and compatibility with the surrounding area. As stated in Housing Program #9, the City is committed to preparing objective design standards consistent with the requirements of SB 35 Streamlined Permitting (Government Code Sections 65400 and 65582.1) requirements. Based on the timeline outlined above, typical residential development review , permitting requi rements, and procedures for Site Development Permits, Use Permits, etc. do not appear to unduly constrain the development of housing.

Developed Densities and Permit Times
The City has not experienced requests to develop at lower densities than anticipated in the sites inventory. The typical time from planning entitlement to building permit application varies considerably depending on the type of project. A remodel or ADU building permit application may be submitted within a week or so of planning approval while a large, complex project could require several months and may also be affected by the project financing, availability of construction labor and equipment, or other factors over which cities have no control.

Pulling the most recent developments, the following were the number of weeks between approval and building permit submittal date:
• Vantis Apartments – 8 weeks
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• Vintage at Aliso – 18 weeks
• Liberty at Aliso – 25 weeks
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.

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 524

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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 Use Element. However, no land designated for residential uses is located within the floodplain.
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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 are available to meet the needs of existing and future growth. The Cit y will review proposed development projects to ensure that approved projects do not degrade water 526

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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 requ ired 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 xerisca pe 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 facil ities 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.

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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 wi ll not constrain future residential development in the City.

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-30 compares the City’s quantified objectives for the 5th planning period to accomplishments.

Table CP-31Table CP-30
Progress in Achieving Quantified Objectives 2013-2021
Program Category Quantified
Objective
Progress
New Construction
Extremely Low - -
Very Low 7 83
Low 34 335
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Moderate 199 386
Above Moderate - 35
Total 240 839
Conservation (Sec. 8)
Very Low
Low
Moderate
Above Moderate
56 56

Total 56 56

Table CP-31 summarizes the programs contained in the previous Housing Element along with the program objectives and accomplishments.

Effectiveness in Meeting Special Housing Needs
In addition to the specific program accomplishments described in Table CP-31, 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 two projects (2 Liberty and 4 Liberty) in which 402 units were constructed, 398 of which were senior affordable units. The 2 Liberty 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.

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Table CP-32Table CP-31 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
submitted this the annual planning progress 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.
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Program Objectives Timeframe Progress

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 require City intervention and
the associated administrative costs.

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.
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 affordable unit at 35 Playa with the
in-lieu funds and placed a family of four facing
homelessness.
5) Purchased affordable unit at 38 Colonial Way in
September 2022. This unit will be repaired and upgraded before the consultant finds a family in need to occupy the unit.
6) City will maintain the two affordable units with
on-going maintenance and repairs. As grants or other
funds become necessary, additional affordable units will be purchased to place similar families in need.

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

Ongoing
Annually by December

31. 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
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Program Objectives Timeframe Progress
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 (OCHA) regarding
Section 8 Housing Choice Vouchers. In the past HE
cycle, a total of 8 referrals to OCHA was made. As the
OCHA administers the Section 8 vouchers, it is difficult to quantify how much the City’s referrals will expand the
actual voucher usage in the City. While the voucher
usage cannot be quantified, the City estimates making
approximately a similar number of referrals (8) as the last Housing Element Cycle.

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
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.

Ongoing The City has and will continue to make referrals to the Orange County Housing Authority regarding Special
Needs Group Rental Assistance. While the voucher
usage cannot be quantified as OCHA administers the
Section 8 vouchers, the City estimates making
approximately a similar number of referrals (8) as the last Housing Element Cycle.

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.
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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
Ongoing
Annually by December

31. 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.
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Community Association (AVCA), City
newslettersnews, cable television, and
informational brochures at the public counter
at City Hall. As opportunities become
available, the City will consider funneling
resources into home rehabilitation.

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

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 December 31,
2023
Planning staff worked diligently with the applicant for 2C Liberty to minimize permit processing time for its
affordable housing 202unit 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. The new
software system went live in April 2022 and needs to be fully configured to utilize the online portal. The online portal will allow for online application submittals and payments, internal plan check, and issuance of
approvals. It is anticipated that the processing time will be reduced by a third by removing the in-person
submittal travel and processing time; allowance of
concurrent review time of internal and external
associated agencies; and issuance of electronic
approvals via the public portal.
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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 amendment included the
implementation of a fee reduction for energy conserving permits and a solar education program. solar
photovoltaic systems, tankless water heaters, glass
windows and doors, and high efficiency HVAC. In the
last HE cycle, a total of 1,355 permits were subject to the Green Building Program. It is anticipated that the similar number of permits will be subject to the same program in the new HE cycle.

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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.

Affordability Assumptions
State law establishes a “default density” of 30 units per acre that is considered suitable for lower-income housing. The site inventory analysis is based on this affordability assumption.

While the inventory must assign potential units on each site to income categories, those allocations are not an affordability mandate or a 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 established in State law. Because all of the sites listed in the inventory are currently zoned, or are proposed for rezoning, to allow residential densities of at least 30 units/acre, these sites are all suitable for housing of any income level . As required by Government Code Sec. 65863 (no net loss) the City must evaluate future housing developments on sites listed in the Housing Element and ensure that it can accommodate, at all times throughout the planning period, its remaining unmet share of the regional housing need.

Existing Sites Inventory
Nearly all of the properties designated for residential use in Aliso Viejo have been developed. Table CP-32 lists vacant sites in the city with land use designations that allow additional residential development based on current zoning designations. Two sites – the The Commons at Aliso Viejo Town Center Specific Plan (Specific Plan No. 2) and the Freedom Lane property – remains undeveloped. The Commons Specific Plan designates the residential portion of the site for 140 residential dwelling units up to 30 dwelling units per acre of which 10% of the units would be affordable. However, the City has been in discussions with the property owner on a revised project that would expand the size of the residential area to 4.4 acres and include 362 multi -family residential dwelling units at a density of 82 dwelling units per acre. The project application was submitted to the City in April of 2023 and is under review at the time of preparation of this document. The project would maintain the 10% affordability requirement of the Specific Plan and include no project-specific development entitlement has been approved for this property, 9 very low- income, 9 low-income and 18 moderate-income units. Based on the Specific Plan, a 100% non-residential project would not be permitted on the site. and the 119 additi onal units 536

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assumed for the site are assigned to the moderateincome category based on allowable density. The zoning allows stand-alone residential development.

The Freedom Lane property includes 7.065 acres located southeast of the intersection of Liberty and Freedom Lane and is currently vacant. The property is designated and zoned Mixed-Use/Residential Overlay (MU/R) and comprises four adjacent parcels under single ownership. The City has received recent interest from prospective applicants about developing high-density multi-family housing on the property and is supportive of a lot consolidation to accomplish this goal. Lot consolidation may be achieved through a lot merger or lot line adjustment process, prior to or concurrently with future development of the site and the Housing Element includes an action item to process a lot consolidation on this property by December of 2024. At the allowable density of 90 du/ac, the site could accommodate 636 dwelling units. However, a more conservative net estimate of 509 units (80% of maximum density) was used for the purpose of this analysis. Of these, 169 units were assumed to be very low -income, 169 units low -income and 169 moderate- income based on Government Code Section 65583.2(c)(3) that allows higher density to be used as a proxy for lower income affordability. Although a 100% non-residential project would be permitted on the Freedom Lane property, this is not considered likely due to the interest in developing high-density housing in the area and recent developer interest in the site.

Accessory Dwelling Units
Accessory dwelling units (ADUs) represent an excellent opportunity for affordable housing in built -out communities such as Aliso Viejo, particularly for single persons or small households such as the elderly, college students, young adults, and caregivers. Recent changes in State law have made the construction of ADUs much easier for homeowners, and the City has seen an increase in ADU development applications and inquiries recently.

During the past few years the City has approved 2 ADU permits, although neither of those has yet been built. Based on ADU applications and increased awareness of and interest in ADUs, it is expected that 8 ADUs will be built during the 2021 -2029 planning period. In order to determine affordability levels for these units, the City relied on SCAGs analysis of ADU affordability in the region. Based on this analysis, the breakdown would be 2 very low-income, 4 low -income and 2 moderate- income units. public inquiries, it is exp ected that a few ADUs will be built each year during the remainder of the planning period.

However, the City is conservatively assuming no ADU credit toward the RHNA allocation.

Based on recent analysis conducted by SCAG approximately two-thirds of future ADUs are expected to be affordable to lower- income households, which would provide additional capacity to address housing needs.

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Underutilized Sites Proposed for PRD Overlay
As seen in Table CP -32, based on the current inventory of potential sites for housing development there is a shortfall of capacity 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-33 to accommodate the RHNA allocation. Maps showing these sites are provided in Figure CP-1.

As noted in the existing sites inventory analysis above, there are no vacant sites in the city that are suitable for rezoning for residential use. The only vacant parcels in the city are unsuitable for residential development for one or more of the following reasons:
• Deed-restricted permanent habitat conservation or open space (such as Aliso-Wood Canyon Regional Park)
• Common areas owned by homeowner associations (mostly manufactured slopes) • City-owned parkland
• Flood hazard zones, steep slopes, or other environmentally sensitive areas • Entitlements have been granted for business/medical uses • Adjacent to incompatible industrial/business park land uses that generate noise throughout the day and night
Due to the lack of vacant developable land and the fully developed condition of existing residential neighborhoods, the RHNA allocation can only be accommodated through amendments to General Plan and zoning in non -residential areas, through potential accessory dwelling units, and through religious sites discussed herein.

As in many built -out urban communities in coastal Southern California, the best opportunities for residential development are properties previously developed for commercial or business park uses. Due to changing real estate market conditions, ma ny of these areas have become ripe for additional development or redevelopment for housing or mixed residential/commercial uses.

Numerous examples of this type of redevelopment have recently occurred in nearby cities such as Laguna Niguel, a master- planned community that was also originally approved under the jurisdiction of the County of Orange in the 1980s, and which is immediately adjacent to the southeast of Aliso Viejo. In Laguna Niguel, several recent multi -family developments at densities up to 100 units/acre have replaced former commercial or light industrial properties in the “Laguna Niguel Gateway” area. These new residential developments are within the same market area as Aliso Viejo and demonstrate the 538

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feasibility and market demand for high -density residential redevelopment. City staff conversations with property owners and developers have confirmed similar interest in the residential redevelopment of commercial or business park properties in Aliso Viejo.

In addition to this recent local experience, previous academic research by the University of California, Berkeley 1 to 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.”
To identify the most appropriate sites with high potential for residential redevelopment during the 2021 -2029 planning period, the City conducted an extensive review of commercial and business park areas where housing development may be appropriate, with particular attention to the following factors:
• A substantial amount of surface parking or low-value uses such as storage • For Sale or For Lease signs, or other information indicating expired leases • Ratio of assessed improvements-to-land value (I/L ratio) less than 1.0 • Good access to opportunity, including transportation, commercial services, schools, medical facilities and employment
• Parcels of substantial size (i.e., 2 acres or more) or adjacent parcels under common ownership and suitable for consolidation into a single building site • Property owner interest in redevelopment
Based on these considerations the City identified a preliminary list of sites, which was posted for public review. The preliminary list of sites was then reviewed by the City Council at a public workshop, and property owners and other interested stakeholders had

the opportunity to provide input on the appropriateness of those sites, or to suggest other sites that should be considered for residential redevelopment. Based on public comments a revised list of sites was prepared. Sites were selected based on public input and have been supported by housing advocacy groups.

1 University of California, Berkeley Institute of Urban and Regional Development, The Future of Infill Housing in California: Opportunities, Potential, Feasibility and Demand, 2005 539

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The revised list of sites that resulted from the public review process is shown in Table CP-

33. All of these sites are currently developed, although several of the parcels only contain surface parking lots. All of the 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 but are adjacent and suitable for consolidation into a single development. With the exception of the Aliso Viejo Town Center site, the potential yield for the sites has been conservatively estimated at 30 dwelling units per acre (i.e. the low end of the density range). The Town Center site is expected to build out at a higher density reflective of the mixed-use urban nature of the center and was assumed to build out at 80% of the maximum density for a total of 504 units. In addition, the City has begun discussions with the multiple owners of that property who have indicated a willingness to work cooperatively together to consolidate the sites and develop a high-density residential project on the property.

Religious Sites
In addition to the sites proposed for the PRD Overlay, religious sites were examined for their potential to accommodate multi -family residential development. Recent state laws have encouraged infill residential development on church sites, which often comprise large sites with excess surface parking lots. Aliso Creek Church, located at 2A Liberty, and Corpus Christi Church, located at 27231 Aliso Viejo Parkway, both encompass large sites with ample surface parking and offer the ability to infill with high-density multi-family housing.

In order to estimate the number of units that could be built in the two church sites, a portion of each site’s parking area was identified for potential development. A density of 80% of the maximum density of 90 dwelling units per acre was assumed for these sites with the expectation that the religious institutions would want to maximize development and reflecting the trend in Orange County for higher density residential projects. In terms of affordability, the units were assumed to be 33.3% very low -income, 33.3% low-income and 33.3% moderate-income reflecting the charitable nature of these organizations as well as state law that allows higher density to be used as a proxy for lower income affordability.

Table CP-34 outlines the density assumptions for the two church sites which contribute to the CIty’
Realistic Capacity
As shown in Table CP -33, the proposed density range for rezoned sites is 30 to 50 units/acre, which is consistent with recent market trends in Aliso Viejo and other coastal portions of southern Orange County. As noted above, the sites included in this analysis were assumed to build-out with densities ranging from 30 dwelling units per acre to 80% of 90 dwelling units per acre. This is consistent with recent market trends in Aliso Viejo and other coastal portions of southern Orange County. Also, recent residential redevelopment projects in Laguna Niguel have occurred at significantly higher densities (up 540

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to 100 units/acre) and two recent residential developments in Aliso Viejo at 2C Liberty and 4 Liberty have been built at densities of 50 units/acre. There are no site characteristics indicating that potential development on the sites proposed for redesignation/rezone and religious sites would not be able to achieve these densities.

2C Liberty
The potential yield for the candidate sites has been conservatively estimated as 30 units/acre (i.e., the low end of the proposed density range) for all sites except the Commons, which is estimated at 50 units/acre because this site is considered a prime candidate for higher density and the property owner has indicated interest in development at this density. Using these assumptions, the total potential yield of the candidate sites would be 1,097 units, which represents only 73% of the total potential yield of 1,497 units if all these sites were developed at the high end of the range (50 units/acre). 541

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4 Liberty
Infrastructure Availability
Infrastructure such as water, wastewater, drainage systems and dry utilities are in place for all of the candidate sites, 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 ensure availability of adequate sites (see Program 1a) CEQA analysis will be conducted to confirm infrastructure availability, and if any constraints are identified, appropriate mitigation measures will be established to ensure that infrastructure improvements will be available to serve future development on these sites.

Environmental Constraints
As discussed previously in the Constraints section, there are a variety of environmental conditions that affect development throughout California; however, all of the candidate sites have been previously developed and there are no known environmental issues that would preclude their redevelopment for residential uses. There are no heavy industrial uses or known hazardous contamination on or adjacent to any of the sites listed in Table CP32 and Table CP -33. Therefore, environmental conditions are not expected to preclude residential redevelopment of these sites at the proposed densities. 542

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Conclusion
Recent amendments to Housing Element law adopted by the State Legislature (Government Code Sec. 65583.2(g)(2)) require that when a city is relying on nonvacant sites to accommodate 50 percent or more of its housing need for lower income households, the methodology used to determine additional development potential shall demonstrate that the existing use does not constitute an impediment to additional residential development during the planning period. An existing use shall be presumed to impede additional residential development, absent findings based on substantial evidence that the use is likely to be discontinued during the planning period.

Based upon the foregoin g analysis, the City finds that existing uses on the candidate sites listed in Table CP-33 are likely to be discontinued during the planning period and do not impede additional residential development for the following reasons:
• With the exception of two vacant properties (The Commons at Aliso Viejo Specific Plan area and the Freedom Lane property) there are no vacant sites suitable for residential development remaining Aliso Viejo. Therefore, additional residential development can only be accommodated through the redevelopment of underutilized properties, or through accessory dwelling units and SB 9 urban lot splits.
• Additional demand for housing in Orange County, as evidenced by rapid increases in housing prices and rents, a shortage of housing available for sale or rent, and real estate “bidding wars,” creates strong market incentives for the conversion of existing underutilized commercial and business park properties in Aliso Viejo. • Societal changes brought about by Covid -19 such as an increase in remote office work and on- line shopping have resulted in reduced demand for commercial and office space, which has adversely impacted the profitability of commercial real estate. At the same time, residential real estate demand has increased significantly. • Recent examples of successful multi -family residential development in Aliso Viejo and neighboring cities at similar or higher densities than assumed in the list of candidate sites.
• Specific characteristics of the candidate sites listed in Table CP -33 that create strong incentive for redevelopment such as development interest expressed by property owners or developers, large parking areas, low -value uses such as storage, assessed improvement-to-land value ratios significantly less than 1.0, For Sale or For Lease signs, vacant buildings, or other information indicating expired leases, good access to opportunity and residential amenities such as transportation, commercial and medical services, schools and employment opportunities, parcels of substantial size 543

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or adjacent parcels under common ownership that are suitable for consolidation into a single building site.

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Table CP-33Table CP-32
Existing Sites Inventory & ADUs
Site
No.

Site APN General Plan
(current)
Zoning (current) Site
Size
(Acres)
Existing
Use
Density
(du/ac)
Very
Low
Low Mod. Above
Mod.

Total
1 The Commons at Aliso
Viejo Town Center –
Towers Planning Area1
629-101-16
629-101-17 (por)
629-101-18
CBO – The
Commons at
AVTC
SP No. 2 –
Commons

4.4 Parking 82 9 9 18 326 362
2 Freedom Lane2 632-141-12
632-141-13
632-141-14
632-141-15
Mixed Use/
Residential
(MU/R) Overlay
Mixed Use/
Residential (MU/R)
Overlay of BP-1 &
RVH

7.065 Vacant 72.1 170 170 169 0 509
n/a Potential ADUs3 2 4 2 0 8
Subtotal: 181 183 189 326 879
RHNA 2021-2029 390 214 205 386 1,195
Adequate Sites?
(shortfall)
(209) (31) (16) (60) (316)
1 Density and income assumptions based on 2022 on-going discussions with developer including 10% affordable units which will include 25% very low-income, 25% low-income and 50% moderate. 2 Density and income assumptions include 80% of maximum density allowed with 33.3% very low-income, 33.3% low-income and 33.3% moderate income based on Government Code Section 65583(c)(3) which allows jurisdictions to use higher density as a proxy for lower income affordability. 3 ADU assumptions based on 2 ADUs per year 2021-2029; affordability based on SCAG Regional Accessory Dwelling Unit Affordability Analysis, 2021.

Site/APN General Plan Zoning Acreage Density
Units by Income Category
Total
Units

VL Low Mod
Above
Mod
The Commons at Aliso Viejo Town
Center –
Towers Planning Area
APN 629-101-17 (portion)
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
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Totals 4.1 817 1631 121131 01 145180
Housing Need 2021-2029 390 214 205 386 1,195 Adequate Sites? (Shortfall) (383343) (200183) (8674) (386385) (1,0551,0 15)
Notes:
* Deed-restricted units

Table CP-34Table CP-33
Sites Proposed for PRD Overlay to Meet RHNA
Site
No.

Site Address/
Intersection
APN General
Plan
(current)
Zoning
(current)
Parcel
Size
(Acres)
Existing
Use
I/L
Ratio
Propose
d GP
Proposed
Zoning
Min
Density
(du/ac)
Max
Density
(du/ac)
Very
Low
Low Mod Above
Mod
Total
3 1 Columbia1 623-141-01 BP BP-2 2.0 Offices 0.45 MU MU 30 50 18 18 6 18 60 4 Enterprise &
Aliso Creek Rd.2
629-321-44 TCC CT 1.0 Parking 0.70 MU MU 30 90 24 24 24 72 4 Enterprise &
Aliso Creek Rd.2
629-321-42 TCC CT 0.4 Parking 0.19 MU MU 30 90 10 10 9 29 4 Enterprise &
Aliso Creek Rd.2
629-321-43 TCC CT 0.7 Parking 0.00 MU MU 30 90 17 17 16 50 4 Enterprise &
Aliso Creek Rd.2
629-321-48 TCC CT 1.4 Parking 0.53 MU MU 30 90 34 34 33 101 4 Enterprise &
Aliso Creek Rd.2
629-321-20 TCC CT 0.2 Parking 0.19 MU MU 30 90 5 5 4 14 4 Enterprise &
Aliso Creek Rd.2
629-321-41 TCC CT 1.0 Parking 2.43 MU MU 30 90 24 24 24 72 4 Enterprise &
Aliso Creek Rd.2
629-321-17 TCC CT 0.5 Parking 0.00 MU MU 30 90 12 12 12 36 4 Enterprise &
Aliso Creek Rd.2
629-321-45 TCC CT 0.7 Parking 0.18 MU MU 30 90 17 17 16 50

4 Enterprise &
Aliso Creek Rd.2
629-321-01 TCC CT 0.3 Parking 0.38 MU MU 30 90 8 7 7 22 4 Enterprise &
Aliso Creek Rd.2
629-321-02 TCC CT 0.7 Parking 0.49 MU MU 30 90 17 17 16 50 546

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Site
No.

Site Address/
Intersection
APN General
Plan
(current)
Zoning
(current)
Parcel
Size
(Acres)
Existing
Use
I/L
Ratio
Propose
d GP
Proposed
Zoning
Min
Density
(du/ac)
Max
Density
(du/ac)
Very
Low
Low Mod Above
Mod
Total
4 Enterprise &
Aliso Creek Rd.2
629-321-03 TCC CT 0.3 Parking 0.16 MU MU 30 90 8 7 7 22 Subtotal: Site 4 7.2 176 174 168 518
5 26800 Aliso
Viejo Pkwy.1
629-451-07 PO PO 2.0 Offices 0.46 MU MU 30 50 18 18 6 18 60 5 26800 Aliso
Viejo Pkwy.1
629-451-08 PO PO 2.0 Offices 0.44 MU MU 30 50 18 18 6 18 60 5 26800 Aliso
Viejo Pkwy.1
629-451-09 PO PO 3.0 Offices 0.30 MU MU 30 50 27 27 9 27 90 Subtotal: Site 5 7.0 0.38 63 63 21 63 210
6 35 Journey 632-134-07 BP BP-1 2.0 Offices 0.49 MU MU 30 50 18 18 6 18 60 TOTALS: 16.4 275 273 201 99 848
1 Assumes development at 100% of minimum density allowed with 30% very low-income, 30% low-income, 10% moderate-income, and 30% above moderate-income. 2 Assumes development at 80% of maximum density allowed with 33.3% very low-income, 33.3% low-income, and 33.3% moderate-income based on State law which allows density to be used as a proxy for affordability.

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 30 50 36 6 18 60 2 41 Columbia
623-
141-09 BP BP-2 2.0 Offices 0.48 MU MU 30 50 36 6 18 60 3 The Commons
629-
101-16 HDR/TCC SP-2 2.0 Parking 0.12 MU MU 30 50 60 10 30 100 3 The Commons 629-
101-17
(portion)
OS/CBO SP-2 4.0 Vacant

0.19 MU MU 30 50 120 20 60 200
3 The Commons
629-
101-18 HDR/TCC SP-2 3.9 Parking 0.00 MU MU 30 50 117 19 61 197 Subtotal: Site 3 9.9 0.12 297 49 151 497 547

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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
4 Enterprise & Aliso
Creek Rd
629-
321-44 TCC CT 1.0 Parking 0.70 MU MU 30 50 18 3 9 30 4 Enterprise & Aliso
Creek Rd
629-
321-42 TCC CT 0.4 Parking 0.19 MU MU 30 50 7 1 4 12 4 Enterprise & Aliso
Creek Rd
629-
321-43 TCC CT 0.7 Parking 0.00 MU MU 30 50 12 2 6 20 4 Enterprise & Aliso
Creek Rd
629-
321-48 TCC CT 1.4 Parking 0.53 MU MU 30 50 24 4 13 41 4 Enterprise & Aliso
Creek Rd
629-
321-20 TCC CT 0.2 Parking 0.19 MU MU 30 50 2 0 3 5 4 Enterprise & Aliso
Creek Rd
629-
321-41 TCC CT 1.0 Parking 2.43 MU MU 30 50 18 3 9 30 4 Enterprise & Aliso
Creek Rd
629-
321-17 TCC CT 0.5 Parking 0.00 MU MU 30 50 8 1 5 14 4 Enterprise & Aliso
Creek Rd
629-
321-45 TCC CT 0.7 Parking 0.18 MU MU 30 50 12 2 7 21 4 Enterprise & Aliso
Creek Rd
629-
321-01 TCC CT 0.3 Parking 0.38 MU MU 30 50 4 0 4 8 4 Enterprise & Aliso
Creek Rd
629-
321-02 TCC CT 0.7 Parking 0.49 MU MU 30 50 12 2 6 20 4 Enterprise & Aliso
Creek Rd
629-
321-03 TCC CT 0.3 Parking 0.16 MU MU 30 50 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 30 50 36 6 18 60 5 26840 Aliso Viejo
Parkway
629-
451-08 PO PO 2.0 Offices 0.44 MU MU 30 50 36 6 18 60 5 26880 Aliso Viejo
Parkway
629-
451-09 PO PO 3.0 Offices 0.30 MU MU 30 50 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 30 50 36 6 18 60 548

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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
TOTALS 29.9 653 106 338 1,097

Table CP-XX
Religious Sites

Site
No.

Site Address/
Intersection
APN General
Plan
(current)
Zoning
(current)
Parcel
Size
(Acres)
Existing
Use
I/L
Ratio
Proposed
GP
Proposed
Zoning
Min
Density
(du/ac)
Max
Density
(du/ac)
Very
Low
Low Mod. Above
Mod
Total
7 2A Liberty1 632-133-06
(portion)
CF CF 1.42 Parking n/a CF CF 30 90 34 34 33 101
8 27231 Aliso
Viejo Pkwy.1
632-122-04
(portion)
CF CF 1.52 Parking n/a CF CF 30 90 36 36 36 108
TOTALS: 16.4 70 70 69 209

1 Assumes development at 80% of maximum density allowed with 33.3% very low-income, 33.3% low-income, and 33.3% moderate-income based on State law which allows density to be used as a proxy for affordability.
2 Estimate of available building pad size.

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
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Site Existing General Plan Existing
Zoning
Existing
Uses
Acreage Potential
Units
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

Table CP-XX
Summary of RHNA Accommodation
Unit Capacity
Income Category
Total
Units
Extremely/
Very Low Low Moderate Above Moderate
RHNA 390 214 205 386 1,195
Sites Inventory
Existing Sites Inventory & ADUs 181 183 189 326 879
Sites Proposed for PRD Overlay 275 273 201 99 848
Religious Sites 70 70 69 0 209
Subtotal: Sites Inventory 526 526 459 425 1,936
RHNA Surplus +136 +312 +254 +39 +741
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Figure CP-1
RHNA Sites City Wide and Enlarged

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CP-83

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CP-84

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CP-85

554

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CP-86

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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.

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.

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 and other opportunities for public involvement 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 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. City staff also had individual conversations with 559

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representatives of Orange County housing organ izations including the Kennedy Commission and Welcoming Neighbors Home.

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 neighborhoods.

On June 5, 2021 City staff hosted a booth at the Farmer’s Market in the Aliso Viejo Town Center. The purpose of the booth was to distribute information regarding the Housing Element Update process and to gather feedback from residents. Staff provided background on the Housing Element process, answered questions, and encouraged community participation for the Housing Element update. Staff also displayed a large map of the city and asked participants to identify areas of the city they felt would be best to accommodate additional housing. Valuable feedback from community members regarding housingrelated topics was received. An informational flyer was also distributed, which included a QR code which they could scan to access the City’s dedicated Housing Element Update website.

For the January 12, 2022 online workshop, the City prepared written responses to specific questions raised in letters during the Housing Element update process. During the workshop, staff provided a verbal summary of those comments and how they had been addressed in the Housing Element.

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.

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
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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
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 o m m e n t s & R e s p o n s e s
A l i s o V i e j o 2 0 2 1 - 2 0 2 9 H o u s i n g E l e m e n t

Comment Response

1. In the 2013 -2021 planning period there were 534 moderate - income housing units built compared to 34 lower-income units – a ratio of 15 to 1. We would like to see an even more balanced approached to development in the 6th Cycle. We are especially interested in the city offering more lower-income family rentals (3 and 4 bedroom apartments.)
While the City will advocate with developers to construct large bedroom units, it is important to note that cities do not build housing. Cities have little control over the number of affordable housing units (including affordable units) that are built. City plans and regulations create opportunities and incentives for development, but private property owners, developers and builders decide if and when to build based on many factors outside cities’ c ontrol including general economic and housing market conditions, individual business plans, state and federal policies, interest rates, private lender policies, the cost of materials, labor cost and availability, other investment opportunities, available public subsidies for affordable housing, etc.

It is also very important to know that large public subsidies are typically necessary to produce deed-restricted low-income housing. In the urban coastal areas of Southern California, required subsidies can be in excess of $300,000 per unit. For the SCAG region alone, this translates into a total cost of over $167 billion based on the lower -income RHNA of 558,000 units for the 8-year planning period. For comparison, the total cost of the federal Low Income Housing Tax Credits (LIHTC) program for the entire nation is about $11 billion per year.

With regard to 3- and 4-bedroom apartments, the City does not control unit sizes. However, some affordable housing subsidy programs such as the Low Income Housing Ta x Credits program include priority or incentives for large units.

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2. Sites listed as candidates for re-zoning have a lot of potential.

While all of the sites have existing structures, several of the sites are unoccupied. Rather than taking 3 years to re-zone the sites, we urge the city to re-zone them within 1 year of the 6th Cycle Housing Element being adopted.

The City intends to start the rezoning process as soon as there is confirmation from HCD that the proposed sites are acceptable with the understanding that large-scale rezoning is a very complex process due to extensive State legal requirements including CEQA compliance and public participation. The City is an advocate for the State legislature adopting CEQA amendments or exemptions t hat would streamline the rezoning and housing development process, as they have for some other types of developments such as sports stadiums. If an EIR is necessary, the required time to process zoning amendments could easily take more than a year.

In addition, the City has a very small staff and a large work effort such as a Housing Element update or major rezoning requires an extensive amount of time and money. While the State has made some grant funds available to assist cities in these efforts, the City’s costs often exceed available grant funds.

Further, when the State Legislature adopts new housing laws imposing additional administrative burdens on cities, there is typically no State funding provided to cover cities’ costs in implementing the new requirements. Instead, the Legislature typically justifies this lack of funding by allowing cities to charge fees on new development to cover the additional cost. At the same time, cities are often criticized for their development fees, which exacerbate the cost of housing.

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Comment Response

3. We also urge the city to rigorously pursue affordable housing developers, such as Jamboree, National CORE or others, and reduce constraints to incentivize them build affordable housing units in Aliso Viejo so the city can meet its 6th Cycle RHNA goals of 574 lower-income units.

The City works cooperatively with affordable housing developers. For example, the City has worked with USA properties to construct two senior affordable housing developments with 398 affordable units. City Staff also has relationships with local affordable housing developers and will work with them to develop the proposed sites.

With regard to meeting the RHNA, it is important to note that State law does not require cities to achieve the RHNA allocations. Rather, cities must provide sufficient opportunities for housing development through their plans and zoning regulations commensurate with the RHNA.

While some cities have been able to actually achieve their RHNA allocations in previous housing cycles, the RHNA allocations were more than tripled for the 6th planning cycle – to over 1.3 million units for the SCAG region compared to about 400,000 units in the previous cycle. The primary reason for the huge RHNA increase is the State’s change in the RHNA methodology to include existing households who are overcrowded (more than 1 person per room) or are overpaying (more than 30% of gross income for housing) in addition to projected population growth.

The RHNA is a planning goal based on the amount of new housing that would need to be built in the next 8 years to accommodate every new household while also completely eliminating overcrowding and overpayment for every existing household in the region.

“Existing need” was not included in any previous RHNA cycle during the past 40 years. Almost half of the total RHNA in the SCAG region for this cycle is due to existing need rather than projected growth. For Aliso Viejo, the assigned housing need due to population growth is 48 unit s while the city’s assigned share of the region’s existing need due to existing overcrowding and overpayment throughout the region is 1,144 units.

Regional growth forecasts are based on a variety of factors including land available for development. Aliso Viejo is almost fully developed, and the only opportunities for new housing are through the redevelopment of 582

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existing properties. Unlike older areas like northern Orange County and Los Angeles County, there are no blighted areas in Aliso Viejo that are obvious candidates for redevelopment. Property owners will only demolish and redevelop existing properties if the economics “pencil out” and from a financial perspective, it seems unlikely that redevelopment equal to the City’s RHNA allocation will occur in the next 8 years, no matter what policies the City adopts to encourage housing development.

Given all these facts, it does not seem reasonable to expect that Aliso Viejo will “meet its RHNA” if that phrase is interpreted to mean “achieve its RHNA.”

4. We are especially excited about The Commons – where
formerly Lowe’s was located. It is conveniently located near Trader Joe’s and other shopping. It is a huge property – but of course there are existing structures there. Does this site already have a housing overlay with affordable housing requirements? If so, could you please elaborate on the requirements and what exactly is planned for this area?

The Aliso Viejo Town Center is promising with its large parking lot. Again, does this site have an existing housing overlay and what are the affordable housing requirements?

For the Business Park on Aliso Viejo Parkway, we note there is a “Space Available” sign outside. This property seems to
encompass 3 very large buildings and a huge parking lot, but we can’t tell what the potential is. How much space is available? Does the owner want to redevelop the property into housing? How long are the leases that are now in place? We think this would be a wonderful location for the city to e ncourage a partnership between the owner and affordable and permanent supportive housing developers such as Jamboree and National CORE to apply for Project HomeKey funding.

The City has discuss ed the potential of an affordable housing overlay with the owners of the proposed sites. All of the owners welcomed the overlay and many had already started to investigate the possibility of redeveloping their properties.

Due to the time constraints S tate law imposes on cities for preparing Housing Element updates, the analysis of rezoning strategies for the candidate sites is preliminary and conceptual. State law identifies a 2 - step process, with step 1 being identification of candidate sites in the Housing Element, and step 2 being subsequent detailed studies (including CEQA analysis and public hearings) leading to rezoning.

Accordingly, detailed analysis of specific development parameters for the candidate sites will be conducted after final adoption of the Housing Element, along with additional public review and discussion. The identification of candidate sites is based primarily on staff’s knowledge and development inquiries from property owners.

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We note there is a “Space Available” sign outside 35 Journey and 41 Columbia. Again, please share your analysis of the potential here.

For 1 Columbia we did not see a “Space Available” sign outside.

What is your analysis of this site? Why do you think it has potential to be redeveloped?

We were interested to hear that there is vacant land by Liberty and that TransWestern already has an application to build there.

We think that would have been a terrific location for permanent supportive housing since it would have been close to behavioral health providers.

5. ADUs – We note the projection of 40 ADUs to meet the RHNA goals. We would like to see more details on the plan to monitor to development and affordability of ADUs - including, as other cities have done, a plan to track ADU rents to measure if progress is being made on the production of affordable units. In addition, we would like to see more incentives put in place to encourage the development of ADUs – such as expedited review of ADU permits, pre-approved ADU design plans and reduction of permit fees for deed restricted affordable ADUs.

The City’s current ADU requirements in the Aliso Viejo Municipal Code require annual reporting of ADU rents.

The City intends to incentivize ADU production through the creation of a guidebook for the creation and design of ADUs if grant funds can be obtained. The City will also work with interested parties to identify any obstacles to the development of ADU’s and proposed Zoning Code changes based on the feedback received. However, it should also be recognized that the cost of building an ADU can be quite high - $250,000 would not be unusual for a 800-sq-ft ADU assuming a cost of about $300 per square foot.

6. Program 4: Section 8 Housing Choice Vouchers - We ask that the City be more specific and robust in their plans for educating residents about the Federal Housing Choice Voucher rental assistance program. We especially urge the city to do outreach to landlords to encourage them to accept housing vouchers because we are hearing that even when people are approved for the vouchers, they cannot find landlords who will accept them. We also recommend that the City coordinate with United Way to bring The Orange County Housing Authority operates the Housing Choice Voucher program. The City will request that the Housing Authority provide additional educational opportunities for landlords and residents.

The City has promoted the Welcome Home OC program via the City’s social media outlets, and will continue to coordinate with the United Way to disseminate program information to landlords in Aliso Viejo. 584

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informational sessions about their Welcome Home OC program to Aliso Viejo landlords. This program is a landlord incentive program that provides financial incentives such as double security deposits, sign -on bonus, holding fees, and other assurances for landlords who rent units in Orange County to individuals, Veterans, and families with a housing voucher. The program is a joint effort between the United to End Homelessness initiative, Orange County United Way, Public Housing Authorities, and rental property owners to reduce the time involved in the search for housing by increasing the availability of rental units.

7. Although the city has achieved a degree of success in encouraging affordable housing, given that all the proposed sites have buildings on them, we think that a much more robust set of programs are needed to affirmatively attract developers to build lower income housing in Aliso Viejo.

As discussed in No. 4 above, the City has discussed the potential for an housing overlay with many of the property owners and there is widespread interest. The City also welcomes suggestions on potential programs that can be deployed to attract developers.

8. Inclusionary Housing Ordinance - Given the urgen t need of residents for low -income housing, the Kennedy Commission strongly recommends the City adopt an Inclusionary Housing Ordinance within the next year to ensure that identified sites are truly feasible and effectively provide affordable housing in a balanced manner. We recommend that the ordinance include a 15% requirement of affordable housing production at extremely- low-, very-low- and low-income categories and that it apply to all residential projects. The ordinance should be flexible to allow for the development of affordable housing onsite, off site, or provide for an appropriate in-lieu fee option. We recommend an in -lieu fee option in the range of $10,000 to $15,000 per unit, or $10 to $15 per square foot, to go along with this policy. The in -lieu fee must be calculated to achieve the gap financing needed to create affordable housing and be used to leverage additional state and federal housing funds. We recommend the affordable units be deed restricted for at least 55 years. A feasibility study While the City agrees that there can be benefits to inclusionary housing ordinances, practically speaking, the City has been more successful in their absence. In the City’s experience, with inclusionary housing ordinances, which generally require 15% affordability, developers design their projects to meet that minimum requirement. With the developments at 2 Liberty and 100 Freedom Lane, the City was able to obtain 100% affordability (excluding manager’s units).

In addition, inclusionary housing, and variations such as housing overlay zones, are techniques used by many cities to require the production of affordable housing as part of development projects. However, these techniques are not universally supported because they impose an additional cost on property owners and developers. As the saying goes, “There is no free lunch.” Selling or renting some housing units at below- market rates must be offset by higher prices for other units, or lower revenues for the property owner or developer. Another argument against such techniques is that they discourage development or steer development into other areas without such requirements. The State has 585

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and implementation of the ordinance should be completed no later than one year from the adoption of the Housing Element. taken a neutral position on inclusionary requirements, and a recent law established a threshold of 15% lower -income inclusionary requirement above which the State requires a financial analysis to evaluate whether the requirement ac ts as an unreasonable constraint on housing development.

Even absent a formal inclusionary requirement, the City has been successful in negotiating affordable housing production as part of the development entitlement process.

9. Mixed-Use Zoning – We support the city’s planning for mixed- use developments that provide residential units along major corridors and can provide significant opportunities for affordable housing development. We understand that mixed- use zoning allows for the integration of ho using with other uses on underutilized commercial or industrial sites while retaining existing commercial/industrial square footage usage to provide services to new residents and the surrounding community. We recommend that the City require 15% of housing to be affordable at the extremely -low-, very -low-, and low -income levels in the mixed-use zoned focus areas.

See #8 above

10. Affordable Housing Overlay – The City should adopt an Affordable Housing Overlay, especially over the mixed-use focus areas that are being rezoned and upzoned. A minimum of 15% of all units should be set aside for extremely low -, very low -, and low-income levels in exchange for development and regulatory incentives. The City must identify a timeframe to study the policy and a timeframe for adoption and implementation. We
recommend that this happen in the first year of the 6th Cycle as part of the Zoning Code update.

See #8 above
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Comment Response

11. Congregational Housing Overlay - A Congregational Housing Overlay Zon e provides an opportunity for the development of affordable housing on religious sites while retaining the existing religious use. The overlay would provide 100% affordable units on congregational sites, with a focus on extremely-low-, very-low- and low-income categories.

This idea was proposed to the City by a local housing advocacy group.

There is merit to this idea and the City continues to investigate the possibility.

12. Adaptive Reuse Ordinance - Certain building, fire code, and parking requirements add costs to building conversion projects and reduce the likelihood of developers converting commercial buildings to residential. The City should consider the adoption of an Adaptive Reuse Ordinance, such as Santa Ana’s ordinance, to provide alternative building and fire standards for the conversion of eligible buildings in exchange for 15% of converted units dedicated to extremely low -, very low - and low -income categories.

While the ordinance referenced is specific to the needs of Santa Ana, there is the possibility that one or more of the proposed sites could adaptively reuse the existing structures on site. The City will investigate the reference ordinance further and include provisions as appropriate during the rezoning process.

13. Community Land Trust - The City should consider developing a Community Land Trust that would allow the City to retain ownership of land (either donated or purchased) and lease the land to the owner of the improvements for community benefit and the creation of 100% affordable housing.

The City will investigate this proposal further.

14. Density Bonus - The City should analyze the effectiveness of the City’s density bonus ordinance to develop affordable housing for lower income households. The City’s 5th cycle RHNA progress demonstrates that moderate and above moderate- income
housing production has outpaced lower -income housing
development by a 15 to 1 ratio. The City should prioritize affordable housing for lower -income households in its update and implementation of density bonuses. The review should include analysis as to how the density bonus is being
implemented. This is especially important when analyzing its effectiveness in higher density specific plans and rezonings that The City most recently evaluated its density bonus provisions with the two developments at 2 Liberty and 100 Freedom Lane. However, the City believes that there is merit in continual reevaluation of all of its Municipal Code provisions and will reevaluate the density bonus section of the Code.
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give density and land use incentives and parking reductions, similar to the density bonus, but without requiring affordable housing. It is worth noting that rental developments can only use density bonuses to incentivize lower-income units.

15. Incentivizing 100% Affordable Housing - Regulatory, zoning and administrative requirements can contribute to high
construction costs, and negatively affect the feasibility of producing affordable housing. The City should develop a program that incentivizes 100% affordable developments and reevaluate the current zoning code to eliminate barriers and create incentives for affordable housing developments.

Incentives could include reducing or eliminating permitting fees, offering additional by -right incentives beyond density bonus, reducing parking standards, and alternative development standards. The City should consult with for-profit and nonprofit developers to determine appropriate regulatory incentives.

Recent changes to State density bonus law already provide the incentive of at least 80% density bonus in addition to other incentives and concessions for 100% affordable projects.

16. City Owned Sites and Surplus Property - The city should prioritize city owned sites and surplus land to be developed exclusively for 100% affordable housing for low, very low and extremely low income families. The City must be proactive and implement a program that markets available s urplus land to affordable housing developers.

The City currently owns no surplus property. It owns the property in which City Hall is located and three park properties all of which it intends to retain.

17. We also recommend that the city issue an RF P to actively solicit affordable housing developers to the city. We would like to see the city offer support from the fund of collected in -lieu fees in exchange for development of extremely-low-, very-low and low- income housing units as well as funding available from the State of California’s HomeKey funds, and the federal government American Rescue Plan Act funds.

Affordable housing RFPs are typically issued when a city controls the property. Currently, the City does not own any surplus property that is available for affordable housing.
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The Project Homekey deadline is January 31st. There is a source of funding, the Permanent Local Housing Allocation (PLHA), that will be available in 2022. This PLHA funding is readily available to cites but only if they apply for it. Is our city tracking these program deadlines to bring these resources to our community? Are we aware of all funding opportunities? It is important for the city to take advantage of these funding sources NOW to make important strides in the provision of affordable housing.

18. Ensure that development sites being identified and discussed in the initial draft are realistic and available during the planning period. Greater analysis is needed on the potential transition and feasibility of site s proposed to meet the lower income needs, especially on sites proposed for rezoning.

See #4 above

19. The city should also further analyze the City’s development patterns, zoning, housing policies and land use that have led to such a disparity in creating new housing opportunities. This disparity is demonstrated by the city’s RHNA process in the current planning period.

See #1 above

20. Ensure housing opportunity sites identified are not simply upzoned, rezoned or become part of ov erlays or specific plans that give away higher density and development incentives, without capturing the increase in financial gain and land use incentives being given to property owners and market rate developers. A 15% affordable housing inclusion at extremely low (5%), very low (5%) and low -income (5%) is necessary on these sites in exchange for these enhanced development opportunities and incentives.

See #8 above
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21. The City should provide an adequate analysis and
recommendations on how the City will Affirmatively Further Fair Housing (AFFH). Most of the affordable housing development opportunities have been identified and planned in the lower and moderate resource areas of the City. AFFH requires that cities promote the creation of affordable hou sing in high resource areas that provide important amenities such as schools, grocery stores, and medical services while also encouraging investment and conservation in low resource areas. The City needs to provide better strategies to facilitate affordable housing in higher resource areas, especially on the 6th Cycle Housing Element sites identified in this area. Furthermore, under AFFH, the City should also include anti-displacement policies that protect low income residents from rising rents and commit to reinvesting in low resource areas to improve the quality of living of residents in those areas.

Appendix C.7 of the revised draft Housing Element includes additional extensive analysis of fair housing issues.
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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 segreg ation patterns and disparities in access to opportunities and disproportionate housing needs, an assessment of contributing factors, and an identification of fair housing goals and actions.

Data Sources

This analysis relies on the following data sources: California Department of Housing and Community Development (HCD) 2021 Affirmatively Furthering Fair Housing (AFFH) Data Viewer, 2020 Orange County Analysis of Impediments to Fair Housing Choice (2020 AI), HUD Comprehensive Housing Affordability Strategy (CHAS) Data based on the 2013-2017 ACS, 2014-2018 ACS, and 2015-2019 ACS. In addition, to stay consistent with the certified data provided by SCAG, 2014-2018 American Community Survey (ACS) (5-Year Estimates) data was used for further fair housing analysis. Since racial and ethnic demographic data was not available at the city geography level, data at the census tract, census block group, and zip code (92656) geography levels were used. In addition, when dat a was not available at these geographic levels, data from 2015-2019 ACS was used. Where indicated, the zip code was used to provide accurate estimated data instead of the census tract data or census group data because these geography levels overlapped and extended beyond the city boundary line.1

This analysis also considers issues raised through public comments, local knowledge, and an assessment related to the local history and physical form of Aliso Viejo. The history is relevant as it provides a context for the existing built form, and the environmental setting is key to understanding the character of the city and constraints to development.

1 For instance, Census Tracts 626.32 and 626.33 cover areas both in Aliso Viejo and Laguna Beach. 592

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ASSESSMENT OF FAIR HOUSING ISSUES
The analysis below also takes into account the unique aspects of Aliso Viejo. First, Aliso Viejo is geographically landlocked as it is surrounded by four cities (west of Aliso Viejo is Laguna Beach, on the north, Laguna Woods, northwest, Laguna Hills, and southeast, Laguna Niguel). Aliso Viejo is about 7 square miles. In addi tion, when using data from ACS, for instance, the City boundary line fits within 10 Census Tracts 1 and overlaps 30 Census Block Groups. Readers should note that these tracts also include portions surrounding Aliso Viejo City, such as Laguna Beach, Laguna Wood, Laguna Hills, and Laguna Niguel. In other words, the data provided at the Census Tract and Census Block Group level from the AFFH data viewer does not accurately represent the makeup of Aliso Viejo. However, data from the neighboring cities is also used to provide richer analysis to support local and regional analysis.

Aliso Viejo is unique from the neighboring cities because it has a higher density and has the highest rentership rate (see Table CP- 1 below). The following analysis conforms to the requirements outlined in the AFFH technical guidance provided by HCD.

Table CP-1: Population, Density, and Households (ACS, 2015-2018) Jurisdiction Square
Miles
Total Pop. Pop.

Density
(Pop./Sq
. Miles)
Total
Household
s
Owner-
occupied
(%)
Renter-
occupied
(%)
Aliso Viejo 6.93 50,925 7,348 18,667 60.5 39.5
Laguna Beach 9.86 23,147 2,348 10,542 63.2 36.8
Laguna Woods 3.34 16,228 4,859 11,156 74.4 25.6
Laguna Hills 6.57 31,185 4,747 10,555 71.7 28.3
Laguna Niguel 14.79 65,652 4,439 23,360 70.0 30.0
Orange County 948 3,164,182 3,338 1,032,373 57.4 42.6

1 Census Tract 626.32 covers a miniscule portion of Aliso Viejo city boundary and has been excluded in this analysis.
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Fair Housing Enforcement and Outreach

Aliso Viejo has committed to comply with the federal Fair Housing Act (FHA) and the California Fair Employment and Housing Act (FEHA), including FEHA Regulations, protect residents from discrimination on the basis of race, color, religion, national origin, sex/gender, handicap/disability, familial status, marital status, ancestry, source of income, sexual orientation, and arbitrary discrimination, as included in the 2020 AI. Additional fair housing laws applicable to California jurisdictions include:

• Unruh Civil Rights Act – Protects residents from discrimination by all business establishments in California, including housing and accommodations.

• Ralph Civil Rights Act (California Civil Code Section 51.7) – forbids acts of violence or threats of violence on the basis of race, color, religion, ancestry, national origin, age, disability, sex, sexual orientation, political affiliation, or position in a labor dispute.

• Bane Civil Rights Act (California Civil Code Section 52.1) – protects residents from interference by force or threat of force with an individual’s constitutional or statutory rights, including a right to equal access to housing.

• California Civil Code Section 1940.3 – prohibits landlords from questioning potential residents about their immigration or citizenship status.

• Government Code Sections 11135, 65008, and 65580 -65589.8 – prohibit discrimination in programs funded by the State and in any land use decisions. 65580-65589.8 was recently changed for the provision of special needs housing through:
o Housing for persons with disabilities (SB 520);
o Housing for homeless persons, including emergency shelters, transitional housing, and supportive housing (SB 2);
o Housing for extremely low -income households, including single -room occupancy units (AB 2634); and,
o Housing for persons with developmental disabilities (SB 812).

The City of Aliso Viejo has adopted housing and reasonable accommodation regulations and procedures in 2013. Municipal Code Chapter 15.66 establishes these procedures in conformance with fair housing law.

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Fair Housing Enforcement Resources in the Region

The following are fair housing agencies and organizations that provide services to residents in Aliso Viejo and throughout the Orange County and Southern California region:

• California Department of Fair Employment and Housing (DFEH) – DFEH accepts, investigates, conciliates, mediates, and prosecutes complaints under FEHA, the Disabled Persons Act, the Unruh Civil Rights Act, and the Ralph Civil Rights Act.

DFEH investigates complaints of employment and housing discrimination based on race, sex, including gender, gender identity, and gender expression, religious creed, color, national origin, familiar status, medical condition (cured cancer only), ancestry, physical or mental disability, marital status, or age (over 40 only), and sexual orientation. In addition, the DFEH established a program in May 2003 for mediating housing discrimination complaints, which is among the largest fair housing mediation program in the nation to be developed under HUD’s Partnership Initiative with state fair housing enforcement agencies. The nearest office is located in Riverside, an hour away from Aliso Viejo.

• Fair Housing Council of Orange County – Founded in 1965 and located in Santa Ana, the Fair Housing Council of Orange County is a non- profit operating throughout the county with a mission of ensuring access to housing and preserving human rights. The council provides a variety of services including community outreach and education, home buyer education, mortgage default counseling, landlord-tenant mediation, and limited low-cost advocacy. The council has visited Aliso Viejo for a community outreach at their family resource centers in the past.

Their services are provided in English, Spanish, and Vietnamese. In addition to these client services, the Fair Housing Council investigates claims of housing discrimination and assist with referrals to DFEH. the council may also occasionally assist with or be part of litigation challenging housing practices.

• Community Legal Aid SoCal – A public-interest law organization, Community Legal Aid SoCal provides holistic legal services serving low-income people Orange County and Southeast Los Angeles County. Overall, community legal aid provides direct representation, as well as engaging in policy advocacy and impact litigation. The main office is located in Santa Ana, with additional offices in Norwalk, Anaheim, and Compton. Community Legal Aid SoCal is funded by the Legal Services Corporation, which carries restrictions against representing undocumented clients.

• Fair Housing Foundation – The Fair Housing Foundation serves parts of Los Angeles County and several cities in Orange County. The Foundation provides landlord - 595

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tenant counseling and mediation, rental housing counseling, and community outreach and educatio n. In addition, the Foundation screens fair housing complaints, investigates through testing, and will engage in conciliation or mediation efforts or refer the complaints to the appropriate administrative agencies where appropriate. 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 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 table below (Table CP- 2) compares FHEO discrimina tion cases in Orange County in 2010 and 2020. As seen below, the number of total cases have decreased by about 50%, even though there is an increase in disability cases. However familial status and race have both gone down.

Table CP-2: Orange County FHEO Discrimination Cases
Basis 2010 2020
Cases Percent Cases Percent
Disability
Familial Status
Race
31 8
10 58.5%

15.1%

18.9%
17 4
3 60.7%

14.3%

10.7%
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Total 538 100.0% 28 100.0%

In addition, data from HCD’s AFFH Data Viewer shows FHEO inquiries by City from HUD between 2013-2021. For Aliso Viejo, it is recorded that there were 19 total inquiries, 4 were counted as disability, 1 as race, and the rest of the 14 inquiries did not fall under the familial, national, religion, sex, or color count. This data shows that in the span of 8 years, there were 0.37 discrimination inquiries per one-thousand people.

The 2020 Orange County Analysis of Impediments to Fair Housing Choice (“AI”) foun d 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. 597

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• 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, 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 a nd 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 598

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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.

In summary, the data on discrimination complaints and inquiries in Orange County and Aliso Viejo and the contributing factors to fair housing issues in the area, show that incidents on fair housing issues is decreasing and additional resources and education on fair housing issues among residents should continue.

Code Enforcement in City of Aliso Viejo

Though the City does not have its own fair housing enforcement agency it does have a Code Enforcement service to enforce the City’s Municipal Code such as planning code violations, building code violations, and conditions of units. However, outreach and education on fair housing rights is one of the approaches to promote fair housing choice, and foster inclusive socio-economic communities. The City, along with partnered agencies offering resources and education on fair housing rights, can in crease outreach and education on fair housing rights. The code enforcement program is complaint- based. The City provides a Complaint Form on its website which requires the complainant to identify the location of the problem with an exact address as well as a description of the nature of the problem or violation. These complaints are sent directly to the City’s code enforcement office. Alternatively, the City provides the code enforcement officer’s phone number as another means of contact. This program ensures that properties within the city comply with all municipal and zoning codes as well as assist with health and safety issues. The City’s complaint-based code enforcement program does not present a constraint to the development of housing.

City’s Compliance with Existing Fair Housing Laws
As described above, the c ity of Aliso Viejo is committed to comply with fair housing regulations. In 2013, Aliso Viejo has adopted housing and reasonable accommodation regulations and procedures. Municipal Code Chapter 15.66 establishes these procedures in conformance with fair housing law. In addition, Program 12 of this Housing Element outlines additional actions that the City will commit to as an effort to address fair housing issues.

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INTEGRATION AND SEGREGATION
To inform priorities, policies, and actions, an analysis of integration and segregation, including patterns and trends, related to people with protected characteristics is necessary.

This analysis addresses both integration and segregation to holistically evaluate the patterns and practices and better identify and prioritize contributing factors to fair housing issues.

According to HCD’s guide on implementing AFFH analysis, integration means a condition in which there is not a high concentration of persons of a particular race, color, religion, sex, familial status, national origin, or having a disability or a particular type of disability when compared to a broader geographic area. On the other hand, segregation means a condition in which there is a high concentration of persons of a particular race, color, religion, sex, familial status, national origin, or having a disability or a type of disability in a particular geographic area when compared to a broader geographic area.

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. In addition, data from 2014-2018 ACS was also gathered to understand the racial and ethnic composition of Aliso Viejo’s neighboring cities (Laguna Woods, Laguna Hills, Laguna Niguel, and Laguna Beach).

As shown in Table CP -3 below, the racial/ethnic composition makes up approximately

39.6% of Orange Cou nty’s population (100% minus 60.4% of White population). The Hispanic/Latinx population make up 34.2% of the population and the Asian makes up

20.9%. The table above indicates that Aliso Viejo and the neighboring jurisdictions have lower racial/ethnic minority populations compared to the County. Among the five jurisdictions in the table above, Laguna Hills (30.0%), Aliso Viejo (29.9%), and Laguna Niguel (25.9%) have the highest racial/ethnic minority compositions.

Table CP-3: Ethnicity and Race
Aliso Viejo Laguna
Beach
Laguna
Woods
Laguna Hills Laguna
Niguel
Orange County
Total Population 52,124 % 23,147 % 16,228 % 31,185 % 66,265 % 3,185,968 % Hispanic or Latino 9,739 18.7 1,709 7.4 821 5.1 6,540 21.0 10,986 16.6 1,088,251 34.2 600

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Race
White
Black
Amer. Ind/ AK Native
Asian
Hawaiian/Pac. Isldr.

Some other race
Two or more races

36,900
998
280
7,825
33 2,575
3,513

71.0 1.9

0.5 15.0

0.1 4.9

6.7 21,007
186
32 857
73 351
641

90.8 0.8

0.1 3.7

0.3 1.5

2.8 12,678
73 8
3,142
0 172
155

78.1 0.4

0.0 19.4

0.0 1.1

1.0 21,819
557
52 4,681
15 1,986
2,075

70.0 1.8

0.2 15.0

0.0 6.4

6.7 49,118
1,799
0 6,940
94 4,764
3,550

74.1 2.7

0.0 10.5

0.1 7.2

5.4 1,922,991
59,872
13,213
666,421
10,196
378,653
134,622

60.4 1.9

0.4 20.9

0.3 11.9

4.2 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.

According to the data provided by HCD’s AFFH Data Viewer, and as seen in Figure CP-4, one census block group (Census Tract 626.41, Block Group 1) on the northern portion of the City has the largest proportion of total non -White population at 68.9%. This is a portion of the City that was developed under the County’s jurisdiction prior to City incorporation in 2001. Gathering from other data from AFFH Data Viewer, this area also shows a higher concentration of renters in occupied housing units with housing choice vouchers (see Figure CP-5 below). The data shows that there are 63 public housing choice voucher tenants living in this concentrated track. In addition to the concentration of ethnic/racial minority and higher number of housing choice vouchers, this area also shows a higher percentage of overcrowded households (see Figure CP-1 on the next page).

Upon reviewing other data related to segregation and integration from the AFFH Data Viewer, it is observed that there is no indication that a specific ethnic or racial minority is concentrated in the northern region of Aliso Viejo. Neither does this area show a higher count of poverty status. Figure CP -3, on the next page, shows the neighborhood segregation typology at the Census tract level. These tracts show the racial composition of each racial category where any group that is more than 10% of the total share is listed. All the tracts that overlap Aliso Viejo, including the northern census block group that appears to be ethnically/racially concentrated, the figure shows that there is a concentration of three ethnic/racial groups. In addition, the dark green shaded area in Figure CP -2, represents one Census Block Group. According to the ACS 2014 -2018 data, the estimated populations for each racial category within this Census Block Group are presented in Table CP-4 on the next page. As the table shows, the top three racial/minority groups with high populations in this Census Block Group are Asian (15% of total population), some other race (15.8%), and two or more races (6.1%). Almost 30% of the Census Block Gro up’s population is Hispanic or Latino.

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Table CP-4 : Ethnicity and Race of Census Block Group 1, Census Tract 626.41 (ACS, 5 Year Estimates, 2018)
Ethnicity or Racial Category Estimated
Population
Percent of
Population
Total Population 3,420 100%
Hispanic or Latino 1,019 29.8%
White 2,160 63.2%
Black 0 0.0%
American Indian/Alaskan Native 0 0.0%
Asian 512 15.0%
Hawaiian/Pacific Islander 0 0.0%
Some other race alone 541 15.8%
Two or more races 207 6.1%

Figure CP-1: Housing Choice Vouchers by Census Tract (HUD, 2021)

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Figure CP-2: Percent of Household Overcrowding by Census Track (HUD, CHAS, and ACS; 2021)

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Figure CP-3: Neighborhood Segregation Typology (2022)

Tables CP-5 and Table CP-6 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-5: Dissimilarity Index (0-100)
Value Level of Segregation

Low Segregation
Moderate Segregation
55-100 High Segregation

0 -
40 41
-
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Table CP-6: 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 (Tables CP-7 and Table CP-8) measures 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 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-7: Isolation Index Values by Race and Ethnicity, Orange County Isolation Index Current
White/White 55.16
Black/Black
Hispanic/Hispanic
Asian/Asian

3.32 52.81

31.84 Table CP-8: 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-4.

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-4: Areas of Minority Concentration in Aliso Viejo (2018)

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Figure CP-5: Diversity Index and Minority Concentration in Aliso Viejo (2018)

Figure CP-6: White Majority in Aliso Viejo (2018)

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In conclusion, Aliso Viejo has communities with high proportions of populations that identify with the race White. At the same time, these communities are diverse, with the community on the northern portion of Aliso Viejo having the largest proportion of non- White population. (This is the portion that was mistakenly reported as having 81% of non-White population, when the value is at 68.9%. However, when looking closely at this community, the data shows that it has a large population of the race “Other” or a mixed-race. The data, maps, dissimilarity, and isolation index show that there is no known segregated community or high clusters of racial/ethnic communities in Aliso Viejo.

Persons with Disabilities
From the information gathered from the AFFH Data Viewer, Figures CP-7 and Figure CP- 8 show the percentage of persons with disabilities in the South Orange County region and in Aliso Viejo at the Census Tract level. In these figures we find that the percentage of the Census Tract population with a disability is less then 10 percent throughout the South Orange County Region.

However, there are two tracts with slightly higher percentages. These are Census Tracts 626.41 and 626.36. In Census Tract 626.41, which is located north of Aliso Viejo and is the Census Tract that overlaps with Laguna Woods, a city with communities age-restricted to seniors. Since disabilities are most common among elderly populations, the high percentages of the population with disabilities in this Census Tract would reflect this. In addition, looking closely at the estimated numbers of percent of elderly (65+) population with a disability, this Census Tract shows that 41.9% of the elderly population in this tract (557 elderly) have a disability. The elderly population in this tract, represents 24.8% of the tract’s estimated total population of 5,376. The other Census Tract 626.36, which is located on the middle east of Aliso Vi ejo, has a population of 4,067 and 6.3% of the population is elderly (or there are 256 elderly individuals living in this census tract). When looking the percentage of veterans in all census tracts in Aliso Viejo, Census Tract 626.36 has the highest percentage of veterans at 4.5% or 138 veterans. Disabilities are also common among veteran populations. 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.

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Figure CP-5: Percent of Population with Disabilities, South Orange County Region

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Figure CP-8: Percent of Population with Disabilities, Aliso Viejo

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Figure CP-9: Disability Status in South Orange County

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The types of disabilities at the city and regional levels differ. Regionally, there are more individuals with a disability outside of Aliso Viejo (as seen in Table CP -9 and Figure CP-9 in the previous page). 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-9) 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-9: 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% 912 1.80%

In conclusion, though there are communities in Aliso Viejo with persons with a disabilities.

However, the data presented in this section shows that there are no known concentrations of communities with disabilities. Two census tracts show a higher proporti on of populations with a disability. One of these census tracts include the community in the northern part of the City neighboring Laguna Woods. These census tract correlate with having a higher proportion of elderly population or veterans; however, less than 20% of the population in these communities are estimated to have a disability. Therefore, Aliso Viejo does not have a high concentration, cluster, or segregation patterns based on disability.

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. 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.

At the regional level, Table CP- 10 below shows that Aliso Viejo has slightly more households with children compared to the neighboring cities. However, the figures at the 612

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percentage level, are similar to Orange County’s. In other words, 34.5% of Orange County’s total households have children, compared to 37.9% at Aliso Viejo. Another example: 8.8% Orange County’s total household consist of single-parent households with children compared to 7.2% at Aliso Viejo. The least amount of households with children is in Laguna Woods, a city with age-restricted communities to the elderly.

Table C-P 10: Households with Children in Orange County, Aliso Viejo, and Neighboring Cities
Aliso Viejo Laguna Beach Laguna Hills Laguna Niguel Laguna Woods Orange County Total Households 18,515 % 10,235 % 11,037 % 25,290 % 11,003 % 1,037,492 % Households with
Children 7,008 37.9 2,169 21.2 3,268 29.6 7,119 28.2 33 0.3 358,276 34.5 Total Family
Households 6,983 37.7 2,165 21.2 3,236 29.3 7,100 28.1 33 0.3 355,941 34.3 Married-Couple
Family 5,650 30.5 1,568 15.3 2,536 23.0 5,722 22.6 0 0.0 264,511 25.5 Other Family (Single
Parent): 1,333 7.2 597 5.8 700 6.3 1,378 5.5 33 0.3 91,430 8.8 Male Householder,
No Wife Present 397 2.1 200 2.0 120 1.1 481 1.9 0 0.0 27,566 2.7 Female
Householder, No
Husband Present 936 5.1 397 3.9 580 5.3 897 3.6 33 0.3 63,864 6.2

According to the HCD AB686/AFFH data tool maps, ( Figure CP-10), shows that 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-11). In addition, 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’s AFFH Data Viewer in Figure CP-12 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 a ssistance 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-13). 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.

In conclusion, Aliso Viejo’s households generally have a family composition of children living with married households.
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Figure CP-10: Percentage of Adults Living Alone, Aliso Viejo, (ACS, 2015-2019)

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Figure CP
ALISO VIEJO GENERAL PLAN CP-140
Figure CP-11: Percentage of Adults Living with their Spouse, Aliso Viejo

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Figure CP-12: Percentage of Children in Married Couple Households, Aliso Viejo

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Figure CP
ALISO VIEJO GENERAL PLAN CP-142
Figure CP-13: Percentage of Children in Single Female-Headed Households, Aliso Viejo

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Income Level
Identifying low- or moderate-income (LMI) geographies and individuals can be important in overcoming patterns of segregation. Figure CP-14 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.