Apple Valley City Council
February 14, 2023

Ordinance 564
It is typically a non-petroleum organic polar compound derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules and are detectable and measurable using analytical procedures established in the most current version of the United States Code of Federal Regulations codified at 40 CFR Part 136.
(s) FOG Control Program shall mean the FOG control rules, regulations and procedures identified in this Chapter and such other public outreach, education and other provisions developed pursuant to Section 7 of the Town’s Sewer System Management Plan (SSMP).
(t) FOG Manager shall mean the individual designated by the Town Manager to administer its FOG Control Program or their designee. The FOG Manager is responsible for maintaining, monitoring and ensuring compliance with the Town’s FOG Control Program.
(u) FOG Permit shall mean a FSE grease interceptor or trap permit issued by the Town under the provisions of this Chapter and the Town’s SSMP that authorizes a FSE to discharge wastewater into the public sewer.
(v) FOG Overflow shall mean any overflow, spill, release, discharge or diversion of FOG substance from a grease interceptor or grease trap. (w) Food Grinder shall mean any device installed in the plumbing or building sewer connections for the purpose of grinding food waste or food preparation byproducts for the purpose of discharging them into the public sewer. (x) Food Service Establishment or FSE shall mean a food facility as defined in the California Uniform Retail Food Facilities Law (CURFFL), Section 113789 of the Health and Safety Code, and any commercial entity within the boundaries of the Town, operating in a permanently constructed structure such as a room, building, or place, or portion thereof, maintained, used, or operated for the purpose of storing, preparing, serving, or manufacturing, packaging, or otherwise handling food for sale to other entities, or for consumption by the public, its members or employees, and which has any process or device that uses or produces FOG, or grease vapors, steam, fumes, smoke or odors that are required to be removed by mechanical ventilation as required by Health and Safety Code Section 114149.1.

Any references to FSEs shall include the owners and/or managers of the FSE or such persons responsible for the day-to-day management and operation of the FSE.
(y) Garbage shall mean solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage, and sale of food. (z) Grab Sample shall mean a sample taken from the waste stream on a one-time basis without regard to the flow in the waste stream and without consideration of time.
(aa) Grease Control Device or GCD shall mean any grease interceptor, grease trap or other mechanisms, devices, or processes, which attach or are applied to wastewater plumbing fixtures and lines, the purpose of which is to trap, collect or treat FOG present in wastewater prior to discharge into the public sewer. “GCDs” may also include any other proven method(s) to reduce FOG, subject to the approval of the Building Official.

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(bb) Grease Interceptor or Interceptor shall mean a multi-compartment device that is constructed in different sizes and is generally required to be located, according to the California Uniform Plumbing Code, underground between a FSE and its connection to the public sewer. These devices primarily use gravity to separate FOG from wastewater as it moves from one compartment to the next and must be cleaned, maintained, and have the FOG removed and disposed of in a proper manner at regular intervals to be effective.
(cc) Grease Trap shall mean a GCD that is used to serve individual fixtures. Grease traps have limited effects and should only be used in those cases where use of a Grease interceptor or other GCD is determined by the Town to be impossible or impracticable.
(dd) Hearing Officer shall mean the Town Manager or their designee with authority to conduct hearings relating to FOG permit revocations/suspension or other orders issued under the authority of this Chapter. The Town Manager may designate a Town Department Director or other Town official to be a Hearing Officer, but in no event shall the Hearing Officer be the person who issued the notice setting forth the grounds for a revocation/suspension or other order, or who was directly involved in the investigation of the events leading up to the issuance of any such notice or order.
(ee) On-site Wastewater Treatment System shall mean an approved and permitted septic tank and on-site disposal system designed and constructed to dispose of wastewater generated on the property.
(ff) Industrial Pre-treatment Permit shall mean a permit issued by VVWRA for industrial wastewater discharges.
(gg) Main shall mean gravity and pressurized (force-main) sewer collection and transmission pipelines located in streets, highways, alleys, easements or rights-ofway which are used for collection and transmission of wastewater. (hh) Manhole shall mean a hole, usually with a cover, through which a person may enter a sewer or confined space.
(ii) Manifest shall mean a form acceptable to the Fog Manager that provides proof of GCD service and disposal of recyclable or liquid wastes as required by the Town. (jj) Payback Agreement shall mean a written conditional agreement entered into by the Town with a landowner, contractor, developer, or any person who constructs any portion of a sewer system such as a sewer line extension, with said construction cost being entirely borne by the landowner, contractor, developer or constructor and after final inspection, said sewer is deeded to the Town for public use. Under such agreements, the Town may agree to refund to the applicant 95% of all main extension costs (excepting therefrom the cost of that portion of the extension classified as direct benefit to the applicant’s/developer’s project), with said refund to be collected from property owners or developers of properties adjacent to and which connect to said sewer line extension for a period of time up to but not exceeding ten years from the effective date of the agreement. (kk) Person shall have the same meaning as prescribed in Title 1 of this code. (ll) Pollutant shall mean any constituent or characteristic of wastewater on which a discharge limitation may be imposed either by the Town or by a regulatory body of competent jurisdiction.

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(mm) Public Sewer shall mean a sewer owned and operated by the Town or other local governmental agency, and as to which the Town possesses direct or indirect regulatory powers.
(nn) Pump Station shall mean pumps used for pumping wastewater or sewage from a lower to higher elevation, particularly when the elevation of the source is not sufficient for gravity flow.
(oo) Regulatory Agency shall mean public agencies having regulatory jurisdiction over the wastewater disposal operations of the Town, including without limitation: the United States Environmental Protection Agency, Region 9 (EPA); the California State Water Resources Control Board (SWRCB); the California Regional Water Quality Control Board, Lahontan Region (RWQCB); the California Department of Public Health (CDPH); the San Bernardino County Department of Public Health (SBCDPH); and the Victor Valley Wastewater Reclamation Authority (VVWRA). (pp) Sewer Charge shall mean the flat rate charged based on the number of equivalent dwelling units (EDU) assigned to an account.
(qq) Sewer System or Sewer Facilities shall mean pipeline, lateral, main, trunk, lift station or other appurtenance or facility designed for the collection and conveyance of sewage and further defined as follows:
(1) Building Sewer as defined herein;
(2) Public Sewer as defined herein;
(3) Sanitary Sewer or sewers designed for collection and conveyance of domestic, commercial and industrial waste and which are not intended for collection or conveyance of stormwater, surface water, or groundwater. (4) Sewer Lateral or a privately owned sewer service line, located within private property that conveys wastewater discharged from a residence, building or other structure to the public sewer.
(rr) Sewer System Overflow or SSO shall mean any overflow, spill, release, discharge or diversion of untreated or partially treated wastewater from a sanitary sewer system including:
(1) Overflows or Releases of untreated or partially treated wastewater that reach waters of the United States;
(2) Overflows or releases of untreated or partially treated wastewater that do not reach waters of the United States; and
(3) Wastewater backups into buildings and on to private properties that are caused by blockages or flow conditions within the public sewer. (ss) Storm water shall mean rainwater, surface water, groundwater, roof runoff, subsurface drainage, cooling water, or unpolluted industrial process water. (tt) VVWRA shall mean the Victor Valley Wastewater Reclamation Authority. (uu) Waste shall mean sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation of whatever nature, including such wastes placed within containers of whatever nature, prior to and for the purpose of disposal.
(vv) Waste Hauler or GCD Servicer shall mean any person or company carrying on or engaging in vehicular transport of waste as part of, or incidental to, any business for that purpose.

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(ww) Wastewater shall mean liquid waste and water carrying industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, FSEs, and institutions, whether treated or untreated, discharged into or permitted to enter a private system or into the public sewer.
(xx) Wastewater Constituents and Characteristics shall mean the individual chemical, physical, bacteriological, and radiological parameters, including volume and flow rate and such other parameters that serve to define, classify, or measure the quality and quantity of wastewater.”
SECTION 4. Subparagraph (H) of Section 10.01.070 of the Town of Apple Valley Municipal Code is amended to read, in its entirety, as follows:
“H. Interceptors required. Grease, oil, and/or sand trap interceptors shall be required, at the owner’s expense, in all facilities which discharge liquid wastes containing grease, flammable wastes, sand and/or other wastes containing harmful ingredients in accordance with the Uniform Plumbing Code and Chapter

10.02 of this Code.

All grease, oil, and sand interceptors shall be maintained at the owner’s expense, in continuously efficient operation at all times. All construction shall conform with Town standards. The facilities required to use the aforementioned interceptors include, but are not limited to, FSEs as defined in Chapter 10.02 of this Code, restaurants including fast food, butcher shops, gas stations, car washes, automotive mechanics, and paint shops.”
SECTION 5. Chapter 10.02 is hereby added to Title 10 of the Town of Apple Valley Municipal Code to read as follows:
“

10.02.010 Intent and Purpose.

It is the intent of this Chapter to establish a permit procedure for the construction and maintenance of interceptors for grease and other insoluble waste discharged from restaurants and other food preparation establishments connected to the public sewer.

This Chapter further provides guidelines and practices regulating the discharge of grease and other insoluble waste products to prevent blockages of the public sewer, avoid inefficient use of Town resources, prevent sewer system overflows caused by the accumulation of fats, oils, and grease (FOG), and promote the public health and safety.

By enacting this Chapter, the Town Council intends to provide a fair and effective means of providing for the maximum beneficial use of the public sewer and the other sewer facilities to which they discharge.

10.02.020 Commercial Property Owner Responsibility.

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Owners of Commercial Properties or their official designee(s) shall be responsible for the installation and maintenance of the GCD serving multiple FSEs that are located on a single parcel.

10.02.030 Grease Control Devices (GCD) Required.

A. No person or FSE shall discharge or cause to be discharged into the public sewer any wastewater potentially containing FOG without the installation and use of an approved Grease Control Device (GCD).

B. All FSEs shall provide wastewater acceptable to the Town, according to the requirements and standards established herein before discharging to any public sewer.

C. A FSE required to provide FOG pretreatment shall install, operate and maintain an approved type and adequately sized grease control device to comply with the objectives of these standard conditions.

10.02.040 FOG Permit Required.

A. All FSEs shall obtain a FOG Permit and be subject to all provisions of this Chapter and all other FOG control program regulations, user charges, and/or fees which may be established by resolution of the Town Council. The FOG permit shall be issued to the FSEs business name as listed within the Town’s business license records and shall provide:

1. The approved GCD type.

2. GCD size.

3. GCD service frequency.

4. Permit expiration.

B. The FOG Permit shall be issued only for the permittee’s specific business name as listed in the Town’s business license file. Except for service frequency changes approved by the FOG Manager or their designee, any substantial new or changed condition of operation, such as a change in the FSE’s ownership, food types, or operational procedures that have the potential to increase the amount of FOG generated and/or discharged by the FSE in an amount that alone or collectively causes or creates a potential for SSOs to occur shall require the submittal of a new application, payment of the permit fee, and issuance of a new FOG Permit..

10.02.050 FOG Permit Application.

A. Persons seeking a FOG Permit shall complete and file with the FOG Manager or his designee an application on a form prescribed by the Town, accompanied by any applicable fees. The application shall contain at least the following information:

1. The name and address of applicant;

2. The volume and type of wastewater to be discharged;

3. The time of daily food preparation and cleaning operations;

4. Description of food preparation, type, number of meals served, cleanup procedures, dining room capacity, number of employees and size of kitchen;

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5. A list of kitchen appliances and fixtures to be used; and

6. Any other information as may be deemed by the FOG Manager to be necessary to evaluate the permit application.

B. In lieu of completing the application described in Subsection (A), the applicant may show appropriate permits or documentation issued by the Town’s Building and Safety Department that confirm an appropriate GCD has been installed in the FSE in accordance with the applicable California Building and Uniform Plumbing Codes adopted by the Town.

C. After evaluation and acceptance of the data provided by the applicant, an on-site inspection of the FSEs waste discharge system, treatment systems, or other systems relating to waste discharge may be required. The FOG Manager or their designee may then issue a FOG Permit subject to the terms and conditions provided in this Chapter and this Code.

10.02.060 FOG Term, Modifications and Conditions.

A. The FOG Permit shall be issued for a one (1) year period and shall be renewed annually and concurrently with the applicant’s business license.

B. The terms and conditions of the permit may be subject to modification by the Town during the life of the permit as limitations or requirements as identified in Section

10.02.070 are modified and changed.

C. The Permittee shall be informed by the Town of any proposed changes in the frequency of the cleaning required by the FOG Permit at least ten (10) days prior to the effective date of the change. Any changes or new conditions in the FOG Permit shall include a reasonable time schedule for compliance.

10.02.070 Requirements for Best Management Practices (BMPs).

All FSEs shall implement BMPs in their operations to minimize the discharge of FOG into the public sewer. General requirements for BMPs are set forth in this Section and more detailed requirements may be specified within the FOG Permit. Commercial and industrial dischargers shall also be in full compliance with the provisions of this Chapter.

A. All FSEs shall implement BMPs in accordance with the requirements and guidelines established by the Town under its FOG Control Program and this Chapter to minimize the discharge of FOG into the public sewer.

B. All FSEs shall be required, at a minimum, to comply with the following BMPs, when applicable:

1. Installation of drain screens. Drain screens shall be installed on all drainage pipes in food preparation areas.

2. Segregation and collection of waste cooking oil. All waste cooking oil shall be collected and stored properly in recycling receptacles such as barrels or drums. Such recycling receptacles shall be maintained properly to ensure that they do not leak. Licensed waste haulers or an approved recycling facility must be used to dispose of waste cooking oil and all manifests and paperwork shall be made available for inspection by the Town.

3. Disposal of food waste. All food waste shall be disposed of in accordance with Chapter 6.20 of this Code.

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C. Employee Training. At the time of hiring and at least annually thereafter, or as specified in the FOG Permit, the FSE shall train its employees on the following subjects:

1. How to “dry wipe” pots, pans, dishware, and work areas before washing to remove grease.

2. How to properly dispose of food waste and solids in accordance with Chapter 6.20 of this Code.

3. The location and use of absorptive products to clean under fryer baskets and other locations where grease may be spilled.

4. How to properly dispose of waste oil from cooking equipment into a grease receptacles such as a barrels or drums without spilling or splashing.

5. Training shall be documented and employee signatures retained indicating each employee’s attendance and understanding of the practices reviewed.

Training records shall be available for review at any reasonable time by the FOG Manager or Authorized Enforcement Officer.

D. The FOG Manager may require periodic reporting of the status of implementation of BMPs, in accordance with the FOG Control Program and this Chapter.

E. Maintenance of kitchen exhaust filters. Filters shall be cleaned as frequently as necessary to be maintained in good operating condition. The wastewater generated from cleaning the exhaust filter shall be disposed of properly.

F. Kitchen signage. BMPs and waste minimization practices shall be displayed on signs posted conspicuously in the food preparation and dish washing areas at all times.

10.02.080 Right of Entry, Inspection and Sampling Conditions.

A. The FOG Manager may inspect or order the inspection and sample of all parts of the FSEs wastewater generating and disposal facilities for the purposes of ascertaining whether the intent of this Chapter is being met and the Permittee is complying with all FOG Permit and other requirements. Inspection and sampling shall be completed during normal business hours. No person shall interfere with, delay, resist or refuse entrance to the FOG Manager or Authorized Enforcement Officers attempting to inspect any facility involved directly or indirectly with a discharge of wastewater to the public sewer and compliance with the requirements of a FOG permit. Inspections shall to include assessment of the GCD, review of manifests, related FOG service receipts and invoices and other records relating to the cleaning, maintenance and inspection of such GCDs. In the event of an emergency involving an actual or imminent SSO, Authorized Enforcement Officers may access adjoining businesses or properties which share a building sewer system with a FSE in order to prevent or remediate an actual or imminent SSO.

B. The FOG Manager shall have the right to place or order the placement on the FSEs property or other locations as determined by the FOG Manager, such devices as are necessary to conduct sampling or metering operations. Where a FSE has security measures in force, the Permittee shall make necessary arrangements so that Authorized Enforcement Officers shall be permitted to enter without delay for the purpose of performing their specific responsibilities.

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10.02.090 Determination of Compliance with FOG Permit Conditions A. Inspection Procedures. Inspection of FSEs shall be conducted in the time, place, manner and frequency determined at the sole discretion of the FOG Manager and shall include but not be limited to BMPs, the 25% rule for grease interceptors, maintenance frequency requirements for GCDs, FOG Permit discharge conditions, or any discharge provisions of this Chapter.

B. Sampling Procedures. Sampling of the wastewater discharge of FSEs shall be conducted in the time, place, manner and frequency determined at the sole discretion of the FOG Manager. Non-compliance with FOG Permit discharge conditions, or any discharge provision of this Chapter may be determined by an analysis of a Grab or Composite Sample of the FSEs effluent. Any sample taken from a sample point is considered to be representative of the FSEs discharge to the public sewer.

C. Specialty FOG Compliance Charge. Any Permittee determined to be in noncompliance with the terms and conditions specified in its FOG Permit and/or any provision of this Chapter shall pay Specialty FOG Compliance Charges in addition to any other FOG related charges required by this Chapter. The purpose of these charges are to compensate the Town for the costs of additional inspection and follow-up, sampling, monitoring, laboratory analysis, treatment, disposal, and administrative processing incurred as a result of the permittee’s non-compliance, and shall be in addition to and not in lieu of any penalties or fines as may be assessed under other provisions of this Chapter. Specialty FOG Compliance Charges shall be only those amounts necessary to cover the actual costs incurred by the Town to obtain permittee compliance with this Chapter.

10.02.100 Monitoring Facilities Requirements.

A. The Town may require FSEs to construct and maintain in proper operating condition at the FSEs sole expense, flow monitoring, monitoring of wastewater constituents and characteristics and/or sampling facilities.

B. The location of the monitoring or metering facilities shall be subject to approval by the FOG Manager. FSEs may be required to provide immediate, clear, safe and uninterrupted access to the FOG Manager or inspectors to the FSEs monitoring and metering facilities.

C. FSEs may also be required by the FOG Manager to submit waste analysis plans, contingency plans, and meet other necessary requirements to ensure proper operation and maintenance of the GCD and compliance with this Chapter.

10.02.110 Grease Interceptor General Requirements.

A. All FSEs shall provide a GCD acceptable to the Town under the requirements and standards established herein before discharging to the public sewer. An FSE required to provide a GCD shall install, operate, and maintain an approved type and adequately sized grease interceptor necessary to maintain compliance with the objectives of this Chapter.

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B. Grease interceptor sizing and installation shall conform to the current edition of the California Uniform Plumbing Code. Interceptors shall be constructed in accordance with the design approved by the Building Official or their designee and shall have a minimum of two compartments with fittings designed for FOG retention.

C. The grease interceptor shall be installed at a location where it shall be at all times easily accessible for inspection, cleaning, and removal of accumulated FOG.

D. Access manholes, with a minimum diameter of twenty (20) inches, shall be provided over each Interceptor chamber and sanitary tee. The access manholes shall extend at least to finished grade and be designed and maintained to prevent non-wastewater inflow or infiltration. The manholes shall also have readily removable covers to facilitate inspection, FOG removal, and wastewater sampling activities.

E. Grease interceptors shall be maintained in efficient operating conditions by removing accumulated FOG in accordance with the established maintenance frequency established by the FOG Manager.

F. Grease interceptors shall be inspected periodically by the permittee and at least annually by the FOG Manager or an Authorized Enforcement Officer to check for leaking seams and pipes and for effective operation of the baffles and sample, inlet, and outlet tees.

10.02.120 Grease Trap General Requirements.

A. FSEs may be required to install grease traps in the wastewater line leading from drains, sinks, and other fixtures or equipment where FOG may be introduced into the sewer system in quantities that can cause blockage.

B. Sizing and installation of grease traps shall conform to the current edition of the California Uniform Plumbing Code.

C. Grease traps shall be inspected periodically by the permittee and at least annually by the FOG Manager or an Authorized Enforcement Officer to check for leaking seams and pipes and for effective operation of the baffles and flow regulating device.

10.02.130 Grease Interceptor and Grease Trap Use and Maintenance Requirements.

A. All existing GCDs shall be maintained in efficient operating condition by periodic removal of the accumulated FOG in accordance with the established maintenance frequency established by the FOG Manager and as specified in the FOG Permit.

Each permittee shall be responsible for the proper removal and disposal by appropriate means of the captured FOG material. No such accumulated FOG shall be introduced into any sewer lateral or the public sewer.

B. The FOG Manager shall assign each FSE one of the following collection/maintenance frequencies: thirty (30) days, sixty (60) days, ninety (90) Days, one-hundred-twenty (120) days, or one-hundred-eighty (180) days and may increase or decrease the service frequency of the GCD as deemed necessary to maintain the GCD designed efficiency.

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C. Grease interceptors and traps and their baffles shall be maintained free of all caked-on FOG waste. Removable baffles shall be removed and cleaned during the maintenance process.

D. No FOG that has accumulated in a grease interceptor shall be allowed to pass into any sewer system, storm drain, or public right of way during maintenance activities.

E. FSEs with GCDs may be required to submit data and information necessary to establish the maintenance frequency of the GCD at any time.

F. The maintenance frequency for all FSEs with GCDs shall be determined in one of the following methods:

1. Unless otherwise specified by the FOG Manager or in the FOG Permit, all FSEs with grease interceptors shall ensure they are maintained not less than once every three (3) months. The maintenance frequency for a grease trap shall be every thirty (30) days unless otherwise specified by the FOG Manager or in the FOG Permit. The Fog Manager may increase or decrease the maintenance frequency based on the actual generation of FOG, historical data, or other conditions as deemed appropriate and necessary to protect the public sewer.

2. Grease interceptors shall be fully pumped out and cleaned or maintained at a frequency such that the combined FOG and solids accumulation does not exceed twenty-five percent (25%) of the total design hydraulic depth of the grease interceptor (the “25% Rule”). The 25% Rule ensures that the minimum hydraulic retention time and required available hydraulic volume is maintained to effectively intercept and retain FOG from Wastewater discharged to the sewer system.
a. Grease interceptors shall be fully pumped out and cleaned quarterly when the frequency described in Subsection (B) has not yet been established.
b. The maintenance frequency shall be adjusted when sufficient data has been obtained to establish an average frequency based on the requirements described in this Section and guidelines adopted pursuant to this Chapter.
c. The Town may increase or decrease the maintenance frequency at any time to reflect changes in actual operating conditions in accordance with the intent of the FOG Control Program.

3. The owner of a FSE may submit a written request to the FOG Manager seeking a change in the maintenance frequency at any time. The FSE is responsible for the burden of demonstrating that the requested change in frequency reflects actual operating conditions, based on the average FOG accumulation over time, meets the requirements described in Subsection (f)(2), and is in full compliance with the conditions of its FOG Permit and this Chapter. If deemed justified by the Fog Manager or their designee, the FOG Permit shall be revised and reissued accordingly to reflect the change in maintenance frequency.

4. If at any time a grease interceptor or trap contains FOG and solid accumulation that does not meet the requirements described in Subsection (F)(2) or in excess of its capacity, the FSE shall be required to have the

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interceptor serviced immediately and remove all FOG, sludge, and other materials. As a result, and if deemed necessary, the FOG Manager may increase the grease interceptor maintenance frequency to ensure no FOG reaches the public sewer. Notice of any change to the maintenance frequency shall be given to permittee by written notice from the FOG Manager.

5. Wastewater, accumulated FOG, floating materials, sludge/solids, and other materials removed from grease interceptors shall be properly disposed of off-site by waste haulers in accordance with federal, state and/or local laws.

6. A FSE that is on a thirty (30) day grease trap maintenance frequency and requires more frequent maintenance shall submit plans to the Building and Safety Department for the installation and use of a grease interceptor.

Exceptions may be granted if:
a. There is inadequate space for the installation of a grease interceptor; or
b. There is inadequate slope for gravity flow between the kitchen plumbing fixtures and the grease interceptor.

10.02.140 Maintenance Reports Required.

A. Permittees shall be required to maintain all records of GCD cleaning and maintenance on the premises of the FSE. Such records shall be in the form of a service manifest as may be required by the FOG Manager in accordance with the conditions imposed by the FOG Permit. Permittees shall submit service manifests directly to the FOG Manager, or the GCD servicers may submit such manifests to the FOG Manager on behalf of the permittee.

B. The FOG Manager may require visual monitoring/inspection using closed circuit television at the sole expense of the permittee to observe the actual conditions of the FSEs sewer system lines downstream.

C. The FOG Manager may require a permittee to prepare reports for self-monitoring of wastewater constituents and characteristics to determine compliance with any conditions or requirements specified in the FOG Permit. Monitoring reports of the analyses of wastewater constituents and characteristics shall be prepared in a manner and form approved by the FOG Manager and upon their request shall be submitted by the permittee to the Town. A permittee’s failure to perform any required monitoring, or to submit monitoring reports required by the FOG Manager constitutes a violation of this Chapter and shall be cause for the Town to initiate all necessary tasks and analyses to determine the wastewater constituents and characteristics for compliance with any conditions and requirements specified in the FOG Permit or this Chapter. Permittees shall be responsible for any and all expenses of the Town in undertaking such monitoring analyses and preparation of reports.

D. Failure to accurately maintain FOG control monitoring reports or GCD service manifests with the appropriate information and/or failure to make such records available upon request are considered violations of the FOG Permit.

E. Record Keeping Requirements. Permittees shall be required to keep all paper or electronic manifests, receipts and invoices of all cleaning, maintenance and FOG

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removal from GCDs, and records of waste haulers and disposal site location(s) for no less than two (2) years.

F. Upon request, permittees shall make the manifests, receipts and invoices available to the FOG Manager or any Authorized Enforcement Officer, including but not limited to the following:

1. A record of GCD cleaning and maintenance practices;

2. A record of BMPs implemented and employee training;

3. Copies of records and manifests of interceptor contents removed by waste haulers;

4. Records of sampling data and sludge height monitoring for FOG and solids accumulation in grease interceptors;

5. Records of any spills or cleaning of the private sewer lateral or building sewer system by the FSE, or its contractors.

6. Any other information deemed appropriate by the FOG Manager to ensure compliance with this Chapter and the Fog Control Program.

G. Falsifying information or tampering with a GCD is prohibited. Any person who makes any false statement, representation, record, report, plan or other document that is filed with the Town, or tampers with or knowingly renders inoperable any GCD, monitoring device or access point required under this Chapter shall be in violation of this Code and subject to the penalties herein.

10.02.150 Notification of Changes in FSE Facilities and Operations.

A. FSE permittees shall notify the Fog Manager at least sixty (60) days in advance of any facility expansion or remodeling, process modifications that may result in new or substantially increased FOG discharges, or a change in the nature of the discharge. Permittees shall notify the Town in writing of the proposed change and shall submit any information requested by the Town for evaluation of the effect of such change to the wastewater discharged by the FSE into the sewer system.

B. Any expansion or remodel requires an application and plan review submittal with the appropriate fees prior to any changes. Upon plan approval, construction permits shall be obtained from all applicable departments and public agencies.

10.02.160 Compliance Schedule Agreement (CSA).

A. Upon determination that a permittee is in non-compliance with the terms and conditions specified in its FOG Permit or any provision of this Chapter, or needs to construct or acquire and install a GCD, the FOG Manager may require the permittee to enter into a Compliance Schedule Agreement (CSA) with the Town.

B. The issuance of a CSA may contain terms and conditions including but not limited to requirements for audit of waste hauling records, BMPs and waste minimization practices, payment of fees, or other provisions to ensure compliance with this Chapter.

C. The FOG Manager shall not enter into a CSA until such time as all amounts owed to the Town, including user fees, non-compliance sampling fees or other amounts due are paid in full.

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D. If compliance is not achieved in accordance with the terms and conditions of a CSA during its term, the FOG Manager may recommend an order suspending or revoking the discharge permit pursuant to Section 10.02.260 of this Chapter or pursue other appropriate enforcement mechanisms.

10.02.170 Sewer System Overflows (SSOs), Public Nuisance Abatement, and Cost Recovery.

A. SSOs may cause threat and injury to public health, safety, and welfare of life and property, cause detrimental impacts to the public sewer and are hereby declared public nuisances. FSEs found to have contributed to a sewer blockage, SSO, or any sewer system interferences resulting from the discharge of wastewater or waste containing FOG, may be subject to the following.

1. An administrative civil penalty as specified in Section 10.02.330;

2. Closure of all FSE operations that will further impact the SSO or other nuisance condition;

3. A requirement to immediately utilize a licensed professional clean up service contractor or similar qualified environmental cleanup service to abate all FOG or public sewer pollutants located at the surface that are deemed by the FOG Manager or Authorized Enforcement Officer to be a public nuisance;

4. Pass a clearance inspection conducted by the FOG Manager or Authorized Enforcement Officer clearing the FSE of further clean up requirements related to the SSO or FOG permit; and

5. Reimburse the Town for all expenses associated to the investigation and abatement action taken by Town staff or its contractors related to an SSO caused by a FSE.

B. Furthermore, sewer lateral failures and SSOs caused by FSEs alone or collectively, are the responsibility of the private property owner, the FSE, and any individual(s) that may be the owners or responsible parties of the FSE. If the Town must act immediately to contain and/or clean up an SSO caused by blockage of a private sewer lateral or building sewer system of a FSE, or at the request of the property owner or operator of the FSE, or because of the failure of the property owner or FSE to abate the condition causing immediate threat of injury to the health, safety, welfare, or property of the public, the costs for such abatement shall be entirely borne by the private property owner, the FSE, and any individual(s) that may be the owners or responsible parties of the FSE and may constitute a debt to the Town and become due and payable upon the Town’s request for reimbursement of such costs.

10.02.180 Notification of Spill.

A. In the event a permittee is unable to comply with any FOG Permit condition due to a breakdown of equipment, accidents, human error or the permittee has reasonable opportunity to know that their discharge will exceed the discharge provisions of the FOG permit, the discharger shall immediately notify the Town’s Code Enforcement, Public Works, or Building and Safety Departments by

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telephone. If the material discharged to the public sewer has the potential to cause or result in sewer blockages or SSOs, the discharger shall immediately notify the Town’s Public Works Department – Waste Water Division by telephone, or in person at Town Hall if such discharge is occurring during normal business hours, or the Town’s after hours emergency telephone number for discharges occurring when the Town is closed. The aforementioned contact information shall be printed upon the FSE’s FOG Permit
B. Notification shall also be made in writing to the FOG Manager at the address specified in the FOG Permit no later than five (5) working days from the date of the incident. The written notification shall state the date of the incident, the reasons for the discharge or spill, what steps were taken by the FSE and the Town to immediately correct the problem, and what steps are being taken by the FSE to prevent the problem from recurring.

C. Notification shall not relieve the permittee of any expense, loss, damage or other liability which may be incurred as a result of damage or loss to the Town or any other damage or loss to person or property; nor shall such notification relieve the permittee of any fees or other liability which may be imposed by this Chapter or applicable law.

10.02.190 Food Grinders Prohibited
No Person shall install food grinders in the plumbing system of any FSE New Construction. All existing food grinders shall be removed from FSEs within one hundred eighty (180) days of the effective date of this Chapter.

10.02.200 Additives Prohibited
No Person shall introduce any additives into a FSE’s wastewater system for the purpose of emulsifying or biologically/chemically treating FOG for grease remediation or as a supplement to interceptor maintenance.

10.02.210 Unlawful Disposal of Cooking Oil
No Person shall dispose of waste cooking oil into sewer system pipes. All waste cooking oils shall be collected and stored properly in receptacles such as barrels or drums for recycling or other acceptable methods of disposal.

10.02.220 Unlawful Discharge from Dishwashers
No Person shall discharge wastewater from dishwashers to any GCD. Discharge of wastewater with temperatures in excess of one-hundred-forty (140) degrees Fahrenheit to any GCD is also prohibited.

10.02.230 Unlawful Discharge of Human Waste
No Person shall discharge waste from toilets, urinals, wash basins, and other fixtures containing fecal materials to sewer lines intended for grease interceptor service.

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10.02.240 Unlawful Discharge of FOG
No Person shall discharge any waste, including FOG and solid materials removed from GCDs into the public sewer. Grease removed from GCDs shall be hauled away for disposal as part of the operation and maintenance requirements for all GCDs.

10.02.250 Dilution of Discharge Prohibited
No FSE shall increase the use of water or in any other manner attempt to dilute a discharge as a partial or complete substitute for treatment to achieve compliance with this Chapter or a FOG Permit.

10.02.260 FOG Permit Suspension and Revocation.

A. Determination of suspension or revocation. The Town Manager or their designee, upon the recommendation of the FOG Manager or an Authorized Enforcement Officer, may revoke or suspend any FOG Permit when they determine that a permittee:

1. Fails to comply with the terms and conditions of a CSA;

2. Knowingly provides a false statement, representation, record, report, or other document to the Town;

3. Refuses to provide records, reports, plans, or other documents required by the Town to determine permit terms or conditions, discharge compliance, or compliance with this Chapter;

4. Falsifies, tampers with, or knowingly renders inaccurate any monitoring device or sample collection method;

5. Refuses reasonable access to permittee’s premises for inspection and monitoring purposes;

6. Does not make timely payment of all amounts owed to the Town for user charges, permit fees, or any other fees imposed pursuant to this chapter;

7. Causes interference, sewer blockages, or SSOs within the public sewer; or

8. Violates GCD maintenance requirements, any condition or limit of its FOG Permit or any provision of this Chapter.

B. Permit suspension and revocation process. When the Town Manger or their designee makes one or more of the determinations listed in Subsection (A) and therefore has reason to believe that grounds exist for suspension or revocation of a FOG Permit, he/she shall proceed as follows:

1. Notice. The Building Official or his designee shall give written notice of the proposed revocation or suspension by certified mail to the permittee setting forth a statement of the facts and grounds in support of revocation or suspension, also listing the time and place where the allegations and supporting evidence shall be heard by a hearing officer. The hearing date set forth in the written notice shall be not less than fifteen (15) calendar days and no more than forty-five (45) calendar days after the mailing of such notice.

2. Hearing. At the suspension or revocation hearing, the permittee shall have an opportunity to respond to the allegations set forth in the notice by

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presenting written or oral evidence. The hearing officer shall not be bound by the formal rules of evidence but may receive all evidence which may be relevant to the proposed action. The permittee is entitled to be heard and may be represented by counsel. The hearing officer may continue the hearing from time to time but no more than a total of sixty (60) days.

Additional written procedures for conduct of such hearings may be established by the Town Manager, approved by the Town Attorney, and shall be provided to the permittee with notice of the proposed action and hearing. Should the hearing officer determine not to suspend or revoke the permit, they may order additional enforcement actions, including but not limited to, a temporary suspension of the FOG Permit under terms and conditions that they deem appropriate given the facts and circumstances of the matter and that which supports the intent of this Chapter. Such other enforcement actions or the terms and conditions of any temporary suspension order shall be specified in the written decision of the hearing officer.

3. Written decision and order. The hearing officer shall issue their decision and order in writing within thirty (30) calendar days after the conclusion of the hearing. The written decision and order of a hearing officer shall be sent by certified mail to the permittee or the permittee’s legal counsel or representative at their respective business addresses.

4. Effect. Upon final order of suspension or revocation, the permittee shall immediately cease and desist its discharge and shall have no right to discharge any wastewater containing FOG directly or indirectly into the public sewer for the term of the suspension, or in the event of a revocation, until such time as a new FOG Permit is applied for and approved by the Town. Nothing in this Section shall be construed as requiring the Town to issue a FOG Permit following an order of revocation. Any owner or responsible employee of the permittee shall be bound by the order of suspension or revocation and all costs for physically terminating and reinstating sewer service shall be borne by the permittee. Any future application for a FOG Permit at any location within the Town made by any person associated with an order of suspension or revocation may be denied by the Town after fully reviewing the records of the suspended or revoked permit and all pertinent findings.

5. Appeal. Any decision and written order issued by the Hearing Officer under this Section shall become final in all respects unless it is appealed to the Town Council in accordance with the provisions set forth in Chapter 2.04 of this Code.

10.02.270 Emergency Suspension or Termination Order.

A. By order of the Town Manager or their designee, any Authorized Enforcement Officer may immediately suspend or terminate sewer service on an emergency basis when the Building Official, Town Engineer, FOG Manager or Code Enforcement Manager determines that such suspension is necessary in order to stop an actual or impending discharge or SSO which presents or may present an

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imminent or substantial endangerment to the health and welfare of persons, or to the environment, or may cause SSOs, sewer blockages, interference to the sewer system, or other public sewer facilities, or may cause the Town to violate any State or Federal law or regulation. Any person notified of an Emergency Suspension Order shall immediately cease and desist the discharge of all wastewater containing FOG to the public sewer or into a drainage course, storm drain, or otherwise uncontrolled onto any property.

B. In the event any FSE, permittee or discharger fails to comply voluntarily with the Emergency Suspension Order, the Town Manager or their designee shall take such steps as they deem necessary, including immediate physical disconnection from the public sewer connection to prevent or minimize damage to the environment, the public health and welfare, the sewer system or any other public sewer facilities.

C. As soon as reasonably practicable following the issuance of an Emergency Suspension Order, but in no event more than five (5) business days following the issuance of such order, a hearing officer shall hold a hearing to provide the FSE, permittee or discharger the opportunity to present information in opposition to the issuance of the Emergency Suspension Order. Such a hearing shall not stay the effect of the Emergency Suspension Order. The hearing shall be conducted in accordance with procedures established by the Town Manager and approved by the Town Attorney. The hearing officer shall issue a written decision and order within two (2) business days and shall be sent by certified mail to the permittee or discharger or their legal counsel or representative at their respective business address. The decision of the hearing officer following the hearing shall be final and not appealable to the Town Council.

10.02.280 Assessment of Charges and Damage or Interruption to Facilities or Operations.

A. Any person violating any of the provisions of this Chapter or who discharges FOG or other wastes in violation of any conditions of its permit, and whose discharge causes or contributes to any blockage or obstruction of the public sewer, damage to public or private property, or any other impairment of the operation of the Town’s sewer facilities, shall be liable for all costs required to clean or repair the sewer facilities, together with any expenses incurred by the Town to resume normal operations. The total amount shall be payable by the violator within forty-five (45) days of invoicing by the Town. Such costs are payable in addition to any other applicable penalties provided by this Chapter.

B. Any person or FSE who discharges a waste which can be shown to have caused or significantly contributed to the Town violating its waste discharge requirements or incurring additional expenses or suffering losses or damage to its sewer system or any public sewer facilities, including those owned, operated or regulated by VVWRA or other regulatory agencies, shall be liable for any costs or expenses incurred by the Town, including but limited to, regulatory fines, penalties, and assessments imposed on the Town by other agencies.

10.02.290 Termination of service.

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A. The FOG Manager or Public Works Manager, by order of the Town Manager or their designee, may physically terminate sewer service to any property for the following reasons:

1. Pursuant to any order of suspension or revocation of a FOG Permit; or

2. The failure of any person not holding a valid FOG Permit to immediately cease the FOG discharge, whether direct or indirect, to the public sewer after notice and the completion of any process pursuant to Section

10.02.270 of this Chapter.

B. All costs for physical disconnection and all costs for reinstating service shall be paid by the property owner, business owner, operator, or permittee.

10.02.300 Enforcement mechanisms.

A. In order for the Town to comply with the laws, regulations, and rules imposed upon it by regulatory agencies and to ensure that the public sewer system is protected and is able to operate with the highest degree of efficiency, and to protect the public health and environment; the Town Council finds that specific enforcement provisions are needed to govern FSEs discharges to the public sewer. The Sections contained within this Chapter are meant to establish enforcement mechanisms to achieve a maximum degree of compliance with this Chapter. In its sole discretion and subject to the provisions of this Chapter, the Town may implement the use of any such enforcement mechanisms or use several mechanisms concurrently to enforce the provisions of this Chapter and/or any FOG Permit issued hereunder. The enforcement mechanisms provided in this Chapter may be cumulative with respect to other enforcement mechanisms or civil and criminal penalties as may be otherwise available under state or federal laws.

B. Nothing in this Chapter is intended to prevent state and/or federal regulatory agencies from undertaking enforcement actions as may otherwise be available due to a violation of this Chapter which also constitutes a violation of federal or state statutes and regulations, such as:

1. The Clean Water Act (33 USC Section 1251 et seq.);

2. The California Porter-Cologne Water Quality Act (California Water Code Section 13000 et seq.);

3. The California Hazardous Waste Control Law (California Health and Safety Code Sections 25100 through 25250);

4. The Resource Conservation and Recovery Act (42 USC Section 6901 et seq.);

5. California Government Code (Government Code) Sections 54739 through 54740.6; and

6. Any referenced state and federal laws, along with other pertinent laws, establishing the Town’s authority and the enforcement mechanisms herein.

10.02.310 Violations and penalties.

A. Any person violating any of the provisions of or failing to comply with any of the requirements of this Chapter, a FOG Permit issued hereunder or the FOG Control

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Program shall be guilty of an infraction or misdemeanor in accordance with Title 1 of this Code and subject to the penalty provisions set forth therein. Criminal citations may be issued by any authorized enforcement officer.

B. Any person violating the provisions of this Chapter, a FOG Permit issued hereunder, or the FOG Control Program may be issued an administrative citation by an authorized enforcement officer in accordance with Section 10.03.320 of this Chapter and Chapter 1.01 of this Code.

C. Any person violating the provisions of this Chapter, a FOG Permit issued hereunder or the FOG Control Program may further be subject to any of the enforcement mechanisms and other remedies and penalty provisions as specified in Sections 10.03.320 through 10.03.360 of this Chapter.

D. Each and every day such condition or violation continues shall be regarded as a new and separate offense.

E. In addition to any other remedy specified in this Chapter, or otherwise provided at law or in equity, any provision of this Chapter may be enforced by injunction issued by the courts upon a civil suit brought by the Town.

10.02.320 Administrative Citations.

To address minor violations of this Chapter and as deemed appropriate by the FOG Manager or other Authorized Enforcement Officers, civil penalties may be assessed using an administrative citations procedure in accordance with the provisions of Chapter 1.01 of this Code. This enforcement mechanism shall be separate and distinct from the administrative complaint and administrative civil penalty procedure set forth in Section

10.02.330 of this Chapter.

10.02.330 Administrative Complaint and Administrative Civil Penalties.

A. Except for Subsections (D)(3) and (D)(4) herein below, under the authority of Government Code Sections 54739, 54740.5 and 54740.6 the Town may issue an administrative complaint upon any person who has violated any provision of this Chapter; any permit condition, prohibition, or effluent limit; or any suspension, revocation or other order issued hereunder. Alternatively, and at the discretion of the FOG Manager, the Town may issue an administrative citation to the FSE for violations of Subsections (D)(3) and (D)(4) in the amounts prescribed therein. The issuance of said administrative citation shall follow the procedures in accordance with Chapter 1.01 of this Code.

B. The administrative complaint shall be served by personal delivery or certified mail upon the person subject to the Town’s discharge requirements and will advise the person served that the Town will conduct a hearing within sixty (60) days following service. The administrative complaint will allege the act or failure to act that constitutes the violation(s), set forth the provisions of law authorizing civil liability to be imposed and the proposed administrative civil penalty.

C. The hearing shall be conducted by a hearing officer. At the hearing, the person served shall have an opportunity to respond to the allegations set forth in the administrative complaint by presenting written or oral evidence. The hearing shall be conducted in accordance with procedures to be established by the Town

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Manager and approved by the Town Attorney. Persons to whom administrative complaints have been issued may waive the right to a hearing, in which case a hearing shall not be conducted. Any Person dissatisfied with the decision of the Hearing Officer may appeal such decision to the Town Council by filing written notice with the Town Clerk specifying the grounds for such appeal within fifteen (15) days of notice of the Hearing Officer’s decision and in accordance with Chapter 2.04 of this Code.

D. If after the hearing, or appeal, if any, it is found that the person violated reporting or discharge requirements, the Hearing Officer or the Town Council in the event of an appeal, may assess an administrative civil penalty against that Person. In determining the amount of the administrative civil penalty, the Hearing Officer or the Town Council in the event of an appeal may take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the economic benefit derived through any non-compliance, the nature and persistence of the violation, the length of time over which the violation occurs and corrective action, if any, attempted or taken by the Person. Administrative civil penalties may be imposed as follows:

1. An amount not to exceed $1,000.00 per day for failing to obtain or refusing to renew a FOG Permit;

2. An amount not to exceed $2,000.00 per day for failing or refusing to furnish or maintain Grease Interceptor or Grease Trap service monitoring reports or manifests;

3. An amount not to exceed $3,000.00 per day for failing or refusing to comply with the established Grease Interceptor or Grease Trap maintenance service schedule established by the Fog Manager and as stated on the FOG permit;

4. An amount not to exceed $5,000.00 per occurrence of a Sewer System Overflow (SSO);

5. An amount not to exceed $10,000 per occurrence of a Sewer System Overflow (SSO) where the FSE has been issued a revocation, suspension, or cease and desist order by the FOG Manager, Building Official or their designee or other orders, or prohibition issued, reissued or adopted by the Town.

E. All monies collected under this Section shall be deposited in a special account of the Town and used for the purposes specified in Government Code Section 54740.5.

F. Unless appealed, orders issuing administrative civil penalties shall become effective and final upon issuance thereof and payment shall be made to the Town within thirty (30) days. Copies of these orders shall be served by personal service or registered mail upon the Person served with the administrative complaint and upon any other persons who appeared at the hearing and requested a copy.

G. The Town may elect to petition the Superior Court to confirm any order assessing administrative civil penalties and enter judgment as set forth Government Code Section 54750.

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H. Any Person aggrieved by a final order issued by the Town or the imposition of administrative civil penalties may appeal such orders or penalties in accordance with Chapters 1.01 and 2.04 of this Code.

I. The amount of any civil penalties imposed under this Section which have remained delinquent for a period of sixty (60) days shall constitute a lien against the real property of the Discharger from which the violation occurred resulting in imposition of the penalty. The Town shall cause the amount of uncollected penalties to be recorded with the County Recorder in accordance with Government Code Section 54740.5.

J. No administrative civil penalties shall be recoverable under this Section for any violation for which the Town has recovered judicial civil penalties through a proceeding filed pursuant to Government Code Section 54740 and Section

10.02.340 of this Chapter.

10.02.340 Judicial Civil Penalties.

Any person who intentionally or negligently violates any provision of this Chapter or any provision of any FOG Permit issued hereunder shall be civilly liable to the Town in a sum not to exceed $25,000 per day for each and every day during any portion of which any violation of this Chapter is committed, continued, or permitted by such person. The Town may petition the Superior Court pursuant to Government Code Section 54740 to impose, assess, and recover such sums. No judicial civil penalties shall be recoverable under this Section for any violation for which the Town has recovered administrative civil penalties under Government Code Section 54740.5 and Section 10.02.330 of this Chapter.

10.02.350 Injunctive Relief.

Whenever a discharge of wastewater is in violation of the provisions of this Chapter, the Town may petition the Superior Court for issuance of a preliminary of permanent injunction, or both, as may be appropriate in restraining the continuance of such discharge.

10.02.360 Payment of charges.

A. Except as otherwise provided in this Chapter, all fees, charges and penalties established by this Chapter are due and payable upon receipt of notice thereof. All such amounts are delinquent if unpaid forty-five (45) days after date of such notice B. After the delinquency date, unpaid fees, charges, fines and penalties shall constitute a debt to the Town and may also be assessed on the annual business license. Such debt shall be due upon renewal of the annual business license. No business license shall be issued or renewed until this debt has been paid in full.

Operation of an unlicensed business shall be enforced pursuant to the provisions set forth in Title 5 of this Code.”
SECTION 6. Revisions. The changes made to Sections 10.01.010 and 10.01.070 of the Town of Apple Valley Municipal Code are shown in Exhibit A attached hereto.

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SECTION 7. CEQA. The Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15308 of the State Guidelines to Implement CEQA, which states that actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment are exempt from CEQA review.

SECTION 8. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The Town Council of the Town of Apple Valley hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 9. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption.

SECTION 10. Notice of Adoption. The Town Clerk of the Town of Apple Valley shall certify to the adoption of this ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the Town in a manner permitted under section 36933 of the Government Code of the State of California.

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APPROVED, AND ADOPTED by the Town Council of the Town of Apple Valley, California, at a regular meeting held on the 28th day of February 2023.

Scott Nassif, Mayor
ATTEST:

La Vonda M-Pearson, Town Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT
Thomas A. Rice, Town Attorney Douglas B. Robertson, Town Manager

EXHIBIT A
Title 10 – Public Water, Sewer, and Utilities

10.01.010 - Definitions.

Unless otherwise defined herein, terms related to water quality shall be as adopted in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation. The testing procedures for waste constituents and characteristics shall be performed pursuant to the Victor Valley Wastewater Reclamation Authority guidelines, and may be amended from time to time.

Other terms not herein defined are defined as being the same as set forth in the latest adopted edition of the International Conference of Building Officials Uniform Building Code and the International Associate of Plumbing and Mechanical Officials Uniform Plumbing Code.

The terms hereinafter set forth unless otherwise specified shall have the following meanings:
(a) Agency meansshall mean an administrative division or group. (b) Applicant meansshall mean any person applying for wastewater service. (c) Biochemical oxygen demand or B.O.D. means the quantity of oxygen utilized in the biological oxidation of organic matter under standard laboratory procedure in five days at 20 degrees centigrade expressed in terms of mass per volume (mg/l). (c) Building sewer meansAuthorized Enforcement Officer shall mean the FOG Manager, Building Official, Code Enforcement Manager, a Town Code Enforcement Officer, or other such individuals as are employed by the Town and are authorized to conduct inspections and enforce the provisions of this Chapter and any applicable related statutes, rules, codes and regulations enforceable by the Town.
(d) Best Management Practices or “BMPs” shall mean the schedule of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the introduction of FOG into the public sewer. (e) Building Official shall mean the Town official designated to administer Title 8 of this Code.
(d)(f)Building Sewer shall mean that portion of any sewer beginning at the plumbing or drainage outlet of any building, industrial facility or preliminary treatment facility, and continuing to the point of its connection with the sewer mainline.

(e) Buy-in fee means a fee required of all sewer connections identified as being outside of an established sewer assessment district.
(f)(g)Class I discharger meansDischarger shall mean any collection system nonresidential discharger who:

A)(1) Has a discharge flow of 10,000 gallons or more per normal work day or 3,000,000 gallons or more per year; or
B)(2) Has a discharge of wastewater that has a strength significantly (50%) greater than domestic sewerage (domestic sewerage will be considered to have a BOD of 200 mg/l and suspended solids of 250 mg/l); or
C)(3) Has a discharge of toxic constituents that exceed VVWRA's "Wastewater Strength Limitations" as adopted and as the same may be amended from time to time.
(g)(h) Class II discharger meansDischarger shall mean any collection system nonresidential discharger who:

A)(1) Discharges more than its proportionate share of suspended solids and/or biochemical oxygen demand;
B)(2) Who discharges more than 10,000 gallons per day (or 3,000,000 gallons per year) but less than 25,000 gallons per day or 6,000,000 gallons per year; and C)(3) Who is not required to obtain a Class I permit.
(h)(i) Code meansshall mean the Town Municipal Code.
(i) Commercial means any discharger not covered by the residential description. This shall include, in part, apartments, trailer parks, schools, stores and businesses and others not covered by the residential description.
(j) Compatible pollutant means BOD, suspended solids, pH, fecal coliform bacteria, and such additional pollutants as are now or may be in the future specified and controlled by the Town's permit for its wastewater treatment works, as said works have been designed and is operated to reduce or remove such pollutants. (j) Compliance Schedule Agreement or CSA shall mean an agreement between the Town and a permittee designed to bring such permittee into compliance with the requirements of its FOG Permit.
(k) Composite Sample shall mean a collection of individual samples obtained at selected intervals based on an increment of either flow or time that once formed is

a representative sample of the waste stream discharged during the sample period or when waste discharge occurs.
(k)(l) Connection fee meansFee shall mean a fee imposed by the Town for connecting directly to a Town public sewer.
(l) Contractor means any person who performs the work of installing or connecting mains, sub-mains, laterals, or building sewers to the public sewer. (m) Cost means the cost of labor, material, transportation, supervision, engineering, and all other necessary overhead expenses.
(n) County means the County of San Bernardino.
(o)(m) Critical discharger meansDischarger shall mean any discharger whose classification is identified in the Standard Industrial Classifications (SIC) Manual in any of Divisions A, B, D, E, and I; or who has a discharge flow of 25,000 gallons or more per average work dayworkday, whose discharge contains toxic pollutants; or whose discharge may have significant impact, either singly or in combination with other contributing users, on the treatment or collection system. (p) Customer means any person supplied Discharger or entitled to be supplied with wastewater service by the Town.
(q) Developer meansUser shall mean any person who shall construct or develop any property which may require wastewater service from the Town. (r) Development means parcels of land on which one or more dwelling units, commercial or industrial buildings, or other improvements are built. (s) Development impact fee means a fee to incrementally pay for future construction of public sewer in the Town.
(t)(n)Discharger means any person that discharges or causes a discharge of wastewater directly or indirectly to ainto the public or private sewer. (u)(o) Domestic wastewater meansWastewater shall mean liquid wastes:

A)(1) fromFrom the non-commercial preparation, cooking and handling of food; or B)(2) containingContaining human excrement and similar matter and from the sanitary conveniences of dwellings, commercial buildings, industrial facilities, and institutions.

(v)(p) Effluent means wastewatershall mean any liquid outflow from a Food Service Establishment (FSE) that is discharged flows frominto the Town for treatmentpublic sewer.
(w)(q) Equivalent dwelling unit or EDU meansshall mean the quantity and quality of domestic wastewater discharged from a standard or average single family dwelling unit, having approximately 20 plumbing fixtures capable of contributing 245 gallons per day of domestic sewage.
(x)(r)Fats, oilsOils, and greaseGrease (FOG) meansshall mean any vegetable or animal product that is used in or is a by-product of the cooking of food preparation process, and that turns or may turn viscous or solidifies with a change in temperature or other conditions. It is typically a non-petroleum organic polar compound derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules and are detectable and measurable using analytical procedures established in the most current version of the United States Code of Federal Regulations codified at 40 CFR Part 136.
(s) Fee schedule meansFOG Control Program shall mean the schedule of fees, rates,FOG control rules, regulations and charges establishedprocedures identified in this Chapter and such other public outreach, education and other provisions developed pursuant to Section 7 of the Town’s Sewer System Management Plan (SSMP).
(t) FOG Manager shall mean the individual designated by the Town, VVWRA Manager to administer its FOG Control Program or other agency related to their designee. The FOG Manager is responsible for maintaining, monitoring and ensuring compliance with the Town’s FOG Control Program. (u) FOG Permit shall mean a FSE grease interceptor or trap permit issued by the Town under the provisions of this Chapter and the Town’s SSMP that authorizes a FSE to discharge wastewater services, including but not limited to into the public sewer user charges,.
(v) FOG Overflow shall mean any overflow, spill, release, discharge or diversion of FOG substance from a grease interceptor or grease trap. (w) Food Grinder shall mean any device installed in the plumbing or building sewer connections for the purpose of grinding food waste or food preparation byproducts for the purpose of discharging them into the public sewer. (y)(x) Food Service Establishment or FSE shall mean a food facility as defined in the California Uniform Retail Food Facilities Law (CURFFL), section 113789 of the

Health and Safety Code, and any commercial entity within the boundaries of the Town, operating in a permanently constructed structure such as a room, building, or place, or portion thereof, maintained, used, or operated for the purpose of storing, preparing, serving, or manufacturing, packaging, or otherwise handling food for sale to other entities, or for consumption charges, connection fees, development impact fees, buy-in or capacity fees, plan checking fees, and inspection feesby the public, its members or employees, and which has any process or device that uses or produces FOG, or grease vapors, steam, fumes, smoke or odors that are required to be removed by mechanical ventilation as required by Health and Safety Code Section 114149.1. Any references to FSEs shall include the owners and/or managers of the FSE or such persons responsible for the day-to-day management and operation of the FSE. (z)(y) Garbage meansshall mean solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage, and sale of food.
(z) Individual sewage disposal system meansGrab Sample shall mean a sample taken from the waste stream on a one-time basis without regard to the flow in the waste stream and without consideration of time.
(aa) Grease Control Device or GCD shall mean any grease interceptor, grease trap or other mechanisms, devices, or processes, which attach or are applied to wastewater plumbing fixtures and lines, the purpose of which is to trap, collect or treat FOG present in wastewater prior to discharge into the public sewer. "GCDs" may also include any other proven method(s) to reduce FOG, subject to the approval of the Building Official.
(bb) Grease Interceptor or Interceptor shall mean a multi-compartment device that is constructed in different sizes and is generally required to be located, according to the California Uniform Plumbing Code, underground between a FSE and its connection to the public sewer. These devices primarily use gravity to separate FOG from wastewater as it moves from one compartment to the next and must be cleaned, maintained, and have the FOG removed and disposed of in a proper manner at regular intervals to be effective.
(cc) Grease Trap shall mean a GCD that is used to serve individual fixtures. Grease traps have limited effects and should only be used in those cases where use of a Grease interceptor or other GCD is determined by the Town to be impossible or impracticable.
(dd) Hearing Officer shall mean the Town Manager or their designee with authority to conduct hearings relating to FOG permit revocations/suspension or other orders

issued under the authority of this Chapter. The Town Manager may designate a Town Department Director or other Town official to be a Hearing Officer, but in no event shall the Hearing Officer be the person who issued the notice setting forth the grounds for a revocation/suspension or other order, or who was directly involved in the investigation of the events leading up to the issuance of any such notice or order.
(aa)(ee) On-site Wastewater Treatment System shall mean an approved and permitted septic tank and on-site disposal system designed and constructed to dispose of wastewater generated on the property.
(bb)(ff) Industrial prePre-treatment permit meansPermit shall mean a permit issued by VVWRA for industrial wastewater discharges. (cc)(gg) Main meansshall mean gravity and pressurized (force-main) sewer collection and transmission pipelines located in streets, highways, alleys, easements or rights-of-way which are used for collection and transmission of wastewater.
(dd)(hh) Manhole meansshall mean a hole, usually with a cover, through which a person may enter a sewer or confined space.
(ee) Mass emission rate means the weight of material discharged to the sewer system during a given time interval. Unless otherwise specified, the mass emission rate shall mean pounds per day of a particular constituent or combination of constituents.
(ff) May means that the related conduct or procedure is permissive and not mandatory.
(gg) Owner means the person or persons whose name(s) are recorded on the deed for a given property, and/or person in legal possession of the property, or an executor, administrator, guardian, or trustee of the owner.
(ii) Manifest shall mean a form acceptable to the Fog Manager that provides proof of GCD service and disposal of recyclable or liquid wastes as required by the Town. (hh)(jj)Payback agreement meansAgreement shall mean a written conditional agreement entered into by the Town with a landowner, contractor, developer, or any person who constructs any portion of a sewer system such as a sewer line extension, with said construction cost being entirely borne by the landowner, contractor, developer or constructor and after final inspection, said sewer is deeded to the Town for public use. Under such agreements, the Town may agree to refund to the applicant 95% of all main extension costs (excepting therefrom the

cost of that portion of the extension classified as direct benefit to the applicant's/developer's project), with said refund to be collected from property owners or developers of properties adjacent to and which connect to said sewer line extension for a period of time up to but not exceeding ten years from the effective date of the agreement.
(ii) Permit means any written authorization required pursuant to this Chapter or any other regulation of the Town.
(jj) Person means any individual, firm, company, partnership, association and private or public or municipal corporation, the United States of America, the State of California, a district and any political subdivision, governmental agency and mandatory thereof.
(kk) Person shall have the same meaning as prescribed in Title 1 of this code. (kk)(ll) Pollutant meansshall mean any constituent or characteristic of wastewater on which a discharge limitation may be imposed either by the Town or by a regulatory body of competent jurisdiction.
(ll) Public agency means the Town or other public body duly organized under the laws of the State of California.
(mm) Public sewer meansPublic Sewer shall mean a sewer owned and operated by the Town or other local governmental agency, and as to which the Town possesses direct or indirect regulatory powers.
(nn) Pump station meansStation shall mean pumps used for pumping wastewater or sewage from a lower to higher elevation, particularly when the elevation of the source is not sufficient for gravity flow.
(oo) Regulatory agency meansAgency shall mean public agencies having regulatory jurisdiction over the wastewater disposal operations of the Town, including without limitation: the United States Environmental Protection Agency, Region 9 (EPA); the California State Department of Health Services, aWater Resources Control Board (SWRCB); the California Regional Water Quality Control Board of competent jurisdiction, the State Water Quality Control Board, the , Lahontan Region (RWQCB); the California Department of Public Health (CDPH); the San Bernardino County Environmental Health Services Department of Public Health (SBCDPH); and the Town Building and Safety Official.Victor Valley Wastewater Reclamation Authority (VVWRA).
(pp) Sewage means wastewater.

(qq)(pp) Sewer charge meansCharge shall mean the flat rate charged based on the number of equivalent dwelling units (EDU) assigned to an account. (rr) Sewer (sewage) facilities means any facilities used in the conveyance, pumping, disposal and treatment of wastewater.
(ss) Sewer lateral means the pipe that connects a structure to the publicly-owned main sewer line.
(tt) Shall means that the related conduct or procedure is mandatory and not permissive.
(uu) Standard methods means procedures described in the current edition of Standard Methods for the Examination of Water and Wastewater, as published by the American Public Health Association, the American Water Works Association and Water Pollution Control Federation.
(qq) Sewer System or Sewer Facilities shall mean pipeline, lateral, main, trunk, lift station or other appurtenance or facility designed for the collection and conveyance of sewage and further defined as follows:
(1) Building Sewer as defined herein;
(2) Public Sewer as defined herein;
(3) Sanitary Sewer or sewers designed for collection and conveyance of domestic, commercial and industrial waste and which are not intended for collection or conveyance of stormwater, surface water, or groundwater. (4) Sewer Lateral or a privately owned sewer service line, located within private property that conveys wastewater discharged from a residence, building or other structure to the public sewer.
(rr) Sewer System Overflow or SSO shall mean any overflow, spill, release, discharge or diversion of untreated or partially treated wastewater from a sanitary sewer system including:
(1) Overflows or Releases of untreated or partially treated wastewater that reach waters of the United States;
(2) Overflows or releases of untreated or partially treated wastewater that do not reach waters of the United States; and
(3) Wastewater backups into buildings and on to private properties that are caused by blockages or flow conditions within the public sewer.

(vv)(ss) Storm water means rain watershall mean rainwater, surface water, groundwater, roof runoff, subsurface drainage, cooling water, or unpolluted industrial process water.
(ww)Street means any public highway, road, street, drive, avenue, alleyway, court, easement or right-of-way.
(xx) Suspended solids (SS) means the solids that either float to the surface or are suspended in water, wastewater, or other liquids and which are removable from said liquid through standard laboratory filtration procedure. (yy) Town means the Town of Apple Valley.
(zz) Town Manager means the Town Manager of the Town of Apple Valley, and includes the duly designated representative of the Town Manager. (aaa) User means any person who discharges, causes, or permits a discharge directly or indirectly to a Town sewer.
(bbb)(tt) VVWRA meansshall mean the Victor Valley Wastewater Reclamation Authority.
(ccc)(uu) Waste meansshall mean sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation of whatever nature, including such wastes placed within containers of whatever nature, prior to and for the purpose of disposal. (vv) Waste Hauler or GCD Servicer shall mean any person or company carrying on or engaging in vehicular transport of waste as part of, or incidental to, any business for that purpose.
(ddd)(ww) Wastewater meansshall mean liquid waste and water carrying industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, FSEs, and institutions, whether treated or untreated, discharged into or permitted to enter a Town sewer, or private system or into the public sewer. (eee)(xx) Wastewater constituents and characteristics meansConstituents and Characteristics shall mean the individual chemical, physical, bacteriological, and radiological parameters, including volume and flow rate and such other parameters that serve to define, classify, or measure the quality and quantity of wastewater.

10.01.070 Wastewater discharge regulations.

H. Interceptors required. Grease, oil, and/or sand trap interceptors shall be required, at the owner's expense, in all facilities which discharge liquid wastes

containing grease , flammable wastes, sand and/or other wastes containing harmful ingredients in accordance with the Uniform Plumbing Code and Chapter 10.02 of this Code. All interceptors shall be to type and capacity approved by the Building Official and shall be installed and located so as to be readily and easily accessible for cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials, capable of withstanding abrupt and extreme changes in temperature.

Required interceptors and traps shall be of substantial construction, watertight, and equipped with easily removable covers, and shall be effectively trapped and vented. All grease, oil, and sand interceptors shall be maintained at the owner's expense, in continuously efficient operation at all times. All construction shall conform with Town standards. The facilities required to use the aforementioned interceptors areinclude, but are not limited to, FSEs as defined in Chapter 10.02, restaurants including fast food, butcher shops, gas stations, car washes, automotive mechanics, and paint shops. Other facilities that generate much smaller quantities of grease waste may have grease traps installed subject to approval by the Town. Facilities in this category would include convenience stores, coffee shops, sandwich shops, and similar uses where limited amounts of grease wastes are generated.

Town Council Agenda Report
Date: February 14, 2023
To: Honorable Mayor and Town Council
Subject: A COMPREHENSIVE UPDATE OF THE HOUSING ELEMENT OF THE GENERAL PLAN TO IMPLEMENT THE 6TH CYCLE PLANNING
PERIOD FROM 2022 TO 2029 AND FINDING THAT THE UPDATE IS

WITHIN THE SCOPE OF THE ADOPTED NEGATIVE DECLARATION

IN ACCORDANCE WITH CEQA

From: Douglas Robertson, Town Manager
Submitted by: Daniel Alcayaga, AICP, Planning Manager
Planning
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Move to open the public hearing and take testimony. Close the public hearing. Then:

A. Move to adopt Resolution No. 2022-05 approving GPA 2021-002 (Housing Element) and finding the approval within the scope of the adopted negative declaration.

BACKGROUND
On March 8, 2022, the Town Council adopted the Housing Element Update (Attachment 1). The Council is being requested to reapprove the Housing Element Update due to changes mandated by the State of California. On January 15, 2023, the Planning Commission reviewed the changes and adopted Resolution No. 2023-001 recommending approval of General Plan Amendment No. 2021-002 amending the Housing Element of the General Plan for the 2022-2029 cycle of the Housing Element Update.

On May 27, 2022 and November 17, 2022, the Town received comment letters from the Department of Housing and Community Development (HCD) requesting additional revisions be made to the recently adopted Housing Element to comply with State Housing Element Law (Attachments 2 & 3). HCD requested additional analysis as it pertains to affirmatively furthering fair housing; requested clarification on the site inventory list; and clarification on certain adopted Town regulations and procedures. The Town’s consultant Terra Nova addressed HCD requests (Attachment 4) and obtained conditional approval on December 6, 2022 (Attachment 5). The following are two new programs that were

added to Housing Element Update that will need to be implemented in 2023 (Attachment 7):

1. Addition of Program 1.I.1 to require that parking standards for multi-family residential be amended to reduce the minimum requirements, particularly for smaller (studio and one-bedroom) units.

2. Addition of Program 1.B.7 regarding consideration of projects within areas of high segregation and poverty when annually approving the Capital Improvement Program (CIP).

A. Environmental Assessment: The Housing Element update was previously reviewed under the California Environmental Quality Act (CEQA). On March 8, 2022, the Town Council adopted a Negative Declaration for the Housing Element Update (General Plan Amendment No. 2021-002), and the proposed changes to the Housing Element change neither the significance of impacts nor add substantial new information. Town staff will file a Notice of Determination should the Town Council adopt the update.

B. Noticing: On February 3, 2023, General Plan Amendment No. 2021-002 was noticed in the Apple Valley News, a newspaper of general circulation within the Town of Apple Valley.

FISCAL IMPACT
No applicable

ATTACHMENTS

1. The Staff Report for Town Council dated March 8, 2022 adopting the Housing Element Update

2. May 27, 2022 comment letter from HCD

3. November 17, 2022 comment letter from HCD

4. Summary of Consultant’s Changes

5. December 6, 2022 conditional approval letter from HCD

6. Resolution No. 2023-05

7. Exhibit “A” - Housing Element Update dated November 21, 2022

Town Council Agenda Report
Date: March 8, 2022
To: Honorable Mayor and Town Council
Subject: A comprehensive update of the Housing Element of the General Plan to implement the 6th cycle planning period from 2022 to 2029 From: Douglas Robertson, Town Manager
Submitted by: Daniel Alcayaga, AICP, Planning Manager
Planning
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Move to open the public hearing and take testimony. Close the public hearing. Then:

A. Find that pursuant to the California Environmental Quality Act (CEQA), adopt the Initial Study and Negative Declaration.

B. Move to adopt Resolution No. 2022-07 approving GPA 2021-002 (Housing Element Update)
C. Direct staff to file a Notice of Determination with the San Bernardino County Clerk of the Board.

PROJECT DESCRIPTION
Elements, including the Town’s responsibility to remove barriers to all types of housing, particularly affordable housing. The Town is required to update its Housing Element every eight years. The current (5th Cycle) planning period ended October 2021. The 6th Cycle extends from October 2021 through October 2029. The planning cycle is tied to the preparation of the Regional Housing Needs Allocation (RHNA). The RHNA was adopted by the Southern California Association of Governments (SCAG) for all its member cities and counties, and assigns an anticipated need for housing to each jurisdiction during the next eight years. The Town’s RHNA is depicted in Table 1, below.

Attachment 1

Table 1
RHNA by Income Category, 2022-2029
Income Category No. of Units
Needed
Extremely Low Income1 543
Very Low Income (0-50% of AMI) 543
Low Income (51-80% of AMI) 600
Moderate Income (81-120% of AMI) 747
Above Moderate Income (more than 120% of
AMI)
1,857
Total Units Needed 4,290
1 Extremely Low Income (ELI) category is a subset of the Very Low Income category. ELI households are defined by HCD as those with incomes less than 30% of AMI. The number of units needed is assumed to be 50% of all Very LowIncome units.

Source: SCAG 2021
In addition to an updated RHNA, the Housing Element is being updated to address changes in State law, to ensure that the Town is in compliance with Government Code, as further described below.

BACKGROUND
State law requires that all counties, cities and towns to adopt a General Plan to guide land use and development. Among the seven (7) required “elements” of the General Plan is the Housing Element. The Housing Element sets forth goals, policies, and programs that address the future housing needs for all income levels over an eight (8) year planning period which coincides with the Regional Housing Needs Assessment (RHNA) projection period. The Town last updated its Housing Element in 2013, for the 5 th cycle planning period from 2013 to 2021.

The Town began its update of the Housing Element in 2020. As part of the process, two public workshops were held, and multiple emails were sent to interested parties, community members, and housing advocates, requesting comments and input on the draft Housing Element. Town staff also met with the Building Industry Association to review the element and the process.

The first draft was submitted to the State Department of Housing and Community Development (HCD) on April 6, 2021. Comments were received on June 7, 2021, and staff made changes to comply with these comments. The element was resubmitted on October 10, 2021 (Attachment 1), and a second comment letter received on December 13, 2021 (Attachment 2). Additional revisions have been made, and were submitted for informal review by HCD on January 10, 2022. Although staff believes that these changes are sufficient to bring the element into compliance, as of this writing staff has not received a response to the informal review request. Staff will report on the status of the element orally at the hearing.

Attachment 1

ANALYSIS
Government Code requires that the Town facilitate the development of housing for all income types, with a particular focus on affordable housing. Ultimately, and especially because of the lack of redevelopment funds previously available to the Town, affordable housing will be built by private developers, with Town participation where possible. The draft Housing Element’s policies and programs, consistent with the current Housing Element, do not substantially change this approach. Policies and programs focus on cooperative actions and activities that will facilitate the development of housing for all income levels in Town, and eliminate barriers to housing. The Town’s recent amendments to the Multi-Family zoning standards in the Development Code assist in this effort as well, by making higher density development more feasible and likely.

Policies and programs include the development of incentives for affordable housing projects for seniors and the disabled, including reductions in parking standards, fee waivers and similar incentives; pursuing grants and loans to expand the sanitary sewer system; and promoting rehabilitation programs, both through Town efforts and in cooperation with the County.

The key to the Housing Element’s implementation is the adequacy of available sites. A change in the law requires that affordable housing sites have readily available water, sewer and dry utilities. Because of the incomplete nature of the sanitary sewer system, an analysis was conducted to determine what sites have sewer available immediately adjacent (within 100 feet), and what sites have sewer available in the area (1,250 feet).

On that basis, sites were selected in the Multi-Family and Mixed Use districts, as shown in Tables 43,44 and 45. This results in sufficient land within 100 feet of existing sewer to accommodate 2,748 very low, low and moderate income units, which is more than the 2,433 units assigned in the RHNA. An additional 7,258 units are possible on lands located within 1,250 feet of sanitary sewer. Therefore, the Town has more than sufficient lands available to meet its RHNA allocation.

In addition to the RHNA, changes in State law require multiple changes to the Housing Element, including the inclusion of an “Affirmatively Furthering Fair Housing” (AFFH) component to assure that the Town analyzes patterns of segregation, concentrations of poverty, access to housing, and barriers to housing, and based on that analysis, establishes policies and programs that assure that the Town is affirmatively eliminating barriers and providing housing opportunities for all members of the community. This analysis has been completed, and policies and programs included in the element to assure that housing is available throughout the community for all residents, and that the Town continue to encourage and facilitate housing choice and discourage discrimination.

Environmental Assessment
Pursuant to the California Environmental Quality Act (CEQA), an Initial Study and Negative Declaration have been prepared for the General Plan Amendment. The Housing Element update is a policy document which will result in no change to the physical environment. Individual projects will be reviewed under CEQA as they are proposed, and their site-specific impacts considered and mitigated as necessary.

Attachment 1

FISCAL IMPACT
Not Applicable

ATTACHMENTS

1. Resolution No. 2022-07

2. Second Draft, Housing Element – Available for review in the Town Clerks office and online at: https://www.applevalley.org/home/showpublisheddocument/31874

3. HCD letter of December 13, 2021

4. Proposed additional changes to the element, dated 1/11/22 – also available for review online at: https://www.applevalley.org/home/showpublisheddocument/31876

5. Initial Study
Attachment 1

STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
May 27, 2022
Doug Robertson, Town Manager
Town of Apple Valley
14955 Dale Evans Parkway
Apple Valley, CA 92307
Dear Doug Robertson:

RE: Town of Apple Valley’s 6th Cycle (2021-2029) Adopted Housing Element Thank you for submitting the Town of Apple Valley’s (Town) housing element adopted on March 8, 2022 and received for review on March 29, 2022. Pursuant to Government Code section 65585, subdivision (h), the California Department of Housing and Community Development (HCD) is reporting the results of its review.

The adopted housing element addresses some statutory requirements described in HCD’s December 13, 2021 review; however, the following revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code).

1. Affirmatively further(ing) fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2. The program shall include an assessment of fair housing... (Gov. Code, § 65583, subd. (c)(10)(A).) Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics... (Gov. Code, § 65583, subd. (c)(5).) Racial/Ethnic Areas of Concentration of Poverty (R/ECAP) and Areas of Affluence (RCAA): The element now includes some discussion of a High Segregation and Poverty area, including coincidence with other components of the assessment of fair housing. However, the element should still discuss conditions and circumstances and the effectiveness of past and current strategies to promote inclusive and equitable communities. For example, the element could discuss the condition of infrastructure (e.g., water, sewer, sidewalks, routes to school), housing and community assets and amenities (e.g., parks, libraries, businesses, neighborhood shopping, schools) and any investments (e.g., capital improvement projects) or strategies. This analysis should be complemented by local data and knowledge and other relevant factors.

ATTACHMENT 2

Doug Robertson, Town Manager

Site Inventory: While the element includes some general discussion of sites and fair housing issues, it should discuss the magnitude of the impact including the number of units by income group relative to locations or neighborhoods within the Town, including any isolation of the regional housing need allocation (RHNA) and then address whether sites exacerbate or improve segregation and integration.

Contributing Factors: The element should re-assess and prioritize contributing factors upon completion of analysis and make revisions as appropriate.

Goals, Actions, Metrics, and Milestones: The element must be revised to add or modify goals and actions based on the outcomes of a complete analysis. Goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions must have specific commitment, metrics, and milestones as appropriate; and must address housing mobility enhancement; new housing choices and affordability in high opportunity areas; place-based strategies for community preservation, revitalization, and displacement protection.

2. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).) Parcel Listing: The element now lists sites to accommodate the lower-income RHNA and notes the moderate-income RHNA will be accommodated by a surplus of capacity for the lower-income RHNA. However, the element must also address how the above moderate-income RHNA will be accommodated.

Electronic Site Inventory: As noted in the prior review, pursuant to Government Code section 65583.3, subdivision (b), the Town must utilize standards, forms, and definitions adopted by HCD when preparing the sites inventory and submit an electronic version of the sites inventory. While the Town has submitted an electronic version of the sites inventory, if changes occur, any future re-adopted versions of the element must also submit the electronic version of the sites inventory. Further, the electronic inventory should list all sites included in the element and which sites will accommodate the moderate-income and above moderate-income RHNA.

3. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels… …including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. (Gov. Code, § 65583, subd. (a)(5).)

Doug Robertson, Town Manager

Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities… (Gov. Code, § 65583, subd. (c)(3).) Land Use Controls: The element identifies multifamily parking requirements of 2 to 2.5 spaces per unit, including garage requirements, depending on the size of the development. The element then concludes these requirements are not constraints because the Town offers reductions for affordable and senior housing. However, the element must still analyze the impacts on costs for all housing, including market rate, particularly garage requirements and smaller bedroom types (e.g., studio and one bedroom) and add programs to address the constraints.

Processing and Permit Procedures: While the element describes the Development Plan review, it must analyze the findings of approval for impacts on approval certainty. For example, the Development Plan review includes the following approval finding:

That the location, size and design of the proposed structures and improvements are compatible with the site's natural landforms, surrounding sites, structures and streetscapes, and does not unnecessarily block public views from other buildings or from public ways, or visually dominate its surroundings
The element should specifically analyze standards such as compatibility by describing how this finding is implemented, presence of subjectivity, potential effects on certainty, any approaches or tools to facilitate certainty and conclude whether the finding is a constraint. Based on the outcomes of this analysis, the element should add or modify programs.

4. Establish the number of housing units, by income level, that can be constructed, rehabilitated, and conserved over a five-year time frame. (Gov. Code, § 65583, subd. (b) (1 & 2).)
The element now includes quantified objectives for new construction and rehabilitation but should also include conservation objectives by income group.

The element will meet the statutory requirements of State Housing Element Law once it has been revised and re-adopted to comply with the above requirements.

Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. During the housing element revision process, the Town must continue to engage the community, including organizations that

Doug Robertson, Town Manager

represent lower-income and special needs households, by making information regularly available while considering and incorporating comments where appropriate.

As a reminder, the Town’s 6th cycle housing element was due October 15, 2021. As of today, the Town has not completed the housing element process for the 6th cycle. The Town’s 5th cycle housing element no longer satisfies statutory requirements. HCD encourages the Town to revise the element as described above, adopt, and submit to HCD to regain housing element compliance.

Several federal, state, and regional funding programs consider housing element compliance as an eligibility criterion. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance pursuant to Government Code section 65400. With a compliant housing element, the Town will meet housing element requirements for these and other funding sources.

HCD appreciates the hard work and dedication Town staff and consultant Nicole Criste provided throughout the housing element process. If you have any questions or need additional technical assistance, please contact Gerlinde Bernd, of our staff, at [email protected].

Sincerely,
Paul McDougall
Senior Program Manager

STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
November 17, 2022
Daniel Alcayaga, Planning Manager
Town of Apple Valley
14955 Dale Evans Parkway
Apple Valley, CA 92307
Dear Daniel Alcayaga:

RE: Town of Apple Valley’s 6th Cycle (2021-2029) Revised Draft Housing Element Thank you for submitting the Town of Apple Valley’s (Town) revised draft housing element received for review on September 19, 2022. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review.

The revised draft housing element addresses most statutory requirements described in HCD’s May 27, 2022 review; however, the following revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code).

1. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics... (Gov. Code, § 65583, subd. (c)(5).) Goals, Actions, Metrics, and Milestones: While the element has been revised with specific commitment, milestones and metrics or numerical targets to affirmatively further fair housing, it must add actions for place-based strategies for community revitalization and displacement risk. HCD will send examples under separate cover.

2. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels… …including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. (Gov. Code, § 65583, subd. (a)(5).) Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities… (Gov. Code, § 65583, subd. (c)(3).) ATTACHMENT 3

Daniel Alcayaga, Planning Manager

Land Use Controls: As found in the prior review, the element should analyze multifamily parking requirements of 2 to 2.5 spaces per unit and garage requirements. In response, the element generally mentions that covered parking (e.g., carports) requirements are not a constraint. However, the element should clearly state whether garages are required for multifamily developments and if so, evaluate impacts on housing costs and add or modify programs to address the constraint. Further, the element must still evaluate multifamily parking requirements of 2 to 2.5 spaces on housing costs, including market rate development, especially for smaller bedroom types (e.g., studio and one bedroom) and add programs to address the constraints.

The element will meet the statutory requirements of State Housing Element Law once it has been revised and re-adopted to comply with the above requirements.

Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the Town should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate.

Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.

As noted in the prior review, pursuant to Government Code section 65583.3, subdivision (b), the Town must utilize standards, forms, and definitions adopted by HCD when preparing the sites inventory and submit an electronic version of the sites inventory.

While the Town has submitted an electronic version of the sites inventory, if changes occur, any future re-adopted versions of the element must also submit the electronic version of the sites inventory. Further, the electronic inventory should list all sites included in the element and which sites will accommodate the moderate-income and above moderate-income Regional Housing Needs Allocation.

As a reminder, the Town’s 6th cycle housing element was due October 15, 2021. As of today, the Town has not completed the housing element process for the 6th cycle. The Town’s 5th cycle housing element no longer satisfies statutory requirements. HCD encourages the Town to revise the element as described above, adopt, and submit to HCD to regain housing element compliance.

Several federal, state, and regional funding programs consider housing element compliance as an eligibility criterion. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing

Daniel Alcayaga, Planning Manager

Allocation consider housing element compliance pursuant to Government Code section 65400. With a compliant housing element, the Town will meet housing element requirements for these and other funding sources.

HCD appreciates the hard work and dedication Town staff and consultant Nicole Criste provided throughout the housing element process. If you have any questions or need additional technical assistance, please contact me at [email protected].

Sincerely,
Paul McDougall
Senior Program Manager

Town of Apple Valley
Revisions to Adopted Draft Document
HCD Comments of May 27, 2022
Please see amended discussion, page 6 of Appendix B.

Please see analysis of units by area on page 36 of Appendix B.

Please see amended text on page 41 of Appendix B.

ATTACHMENT 4

SUMMARY OF CONSULTANT'S CHANGES

Please see amendments to programs 1.B.1, 1.B.2, 1.B.3, 1.C.1, 1.C.6, and 1.E.1.

Per email from Paul McDougall on May 26, 2022, language which he considered acceptable has been added to page 73 of the Housing Element.

Please see added language on page 55-56.

Please see added language on page 59.

Please see modifications to Table 42.

STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
December 6, 2022
Daniel Alcayaga, Planning Manager
Town of Apple Valley
14955 Dale Evans Parkway
Apple Valley, CA 92307
Dear Daniel Alcayaga:

RE: Town of Apple Valley’s 6th Cycle (2021-2029) Revised Draft Housing Element Thank you for submitting the Town of Apple Valley’s (Town) revised draft housing element received for review on December 5, 2022. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review.

The revised draft element meets the statutory requirements described in HCD’s November 17, 2022 review. The housing element will comply with State Housing Element Law (Article 10.6 of the Gov. Code) when it is adopted, submitted to and approved by HCD, in accordance with Government Code section 65585.

Pursuant to Government Code section 65583.3, subdivision (b), the Town must utilize standards, forms, and definitions adopted by HCD when preparing the sites inventory.

Please see HCD’s housing element webpage at https://www.hcd.ca.gov/communitydevelopment/housing-element/index.shtml for a copy of the form and instructions. The Town can reach out to HCD at [email protected] for technical assistance.

Please note, upon adoption of the housing element, the Town must submit an electronic version of the sites inventory with its adopted housing element to [email protected].

Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, including adoption, the Town must continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available while considering and incorporating comments where appropriate.

ATTACHMENT 5

Daniel Alcayaga, Planning Manager

Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the Town will meet housing element requirements for these and other funding sources.

HCD appreciates the dedication and cooperation the Town’s housing element team provided during the preparation of the Town’s housing element and looks forward to receiving the Town’s adopted housing element. If you have any questions or need additional technical assistance, please contact Reid Miller at [email protected].

Sincerely,
Paul McDougall
Senior Program Manager

RESOLUTION NO. 2023-05

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF

APPLE VALLEY, CALIFORNIA, APPROVING GENERAL PLAN
AMENDMENT NO. 2021-002 AMENDING THE HOUSING
ELEMENT OF THE GENERAL PLAN FOR THE 2022-2029

CYCLE OF THE HOUSING ELEMENT UPDATE AND FINDING

THE APPROVAL WITHIN THE SCOPE OF THE ADOPTED

NEGATIVE DECLARATION IN ACCORDANCE WITH CEQA
WHEREAS, The General Plan of the Town of Apple Valley was adopted by the Town Council on August 11, 2009; and
WHEREAS, State law recognizes the vital role local governments play in the supply and affordability of housing. Therefore, every California city is required to amend its General Plan and adopt an updated Housing Element every eight (8) years; and WHEREAS, Southern California Association of Governments (SCAG) established Regional Housing Needs Assessment (RHNA) housing production numbers for each of the counties and cities within its region. The six cycle update to the Housing Element must include plans for growth to accommodate these numbers for the years between 2022-2029; and WHEREAS, the specific changes to the Housing Element of the General Plan include plans for the assigned RHNA allocations and allow the Town to anticipate growth that will enhance the quality of life, improve access to jobs, improve transportation and roads and improve housing, while not adversely impacting the environment; and
WHEREAS, in addition to including RHNA housing production numbers in the Housing Element update, the amendment must also identify compliance with state law; and WHEREAS, on January 28, 2021 and February 24, 2021, the Town held two (2) noticed public workshops and invited members of the affordable housing community, both locally and regionally, service providers for the lower income segment of the community and the general public. The workshop was advertised in the local newspaper of general circulation within the Town of Apple Valley and on the Town’s website; and
WHEREAS, on October 15, 2021 the draft Housing Element update was submitted to the State Department of Housing and Community Development for review. Comments were received and modifications were made and resubmitted. The Town received subsequent comment letters on December 13, 2021, May 27, 2022, and November 17, 2022 outlining the requirements necessary to meet the statutory requirements of State Housing Element Law; and WHEREAS, On January 18, 2023, the Planning Commission of the Town of Apple Valley conducted a duly noticed and advertised public hearing, and adopted Planning Commission Resolution No. 2023-001recommending adoption of the Housing Element Update for cycle 2022-2029; and
WHEREAS, on February 14, 2023, the Town Council held duly noticed public hearings to review the modifications to General Plan Amendment No. 2021-002; and

WHEREAS, on February 3, 2023, General Plan Amendment No. 2021-002 was noticed in the Apple Valley News, a newspaper of general circulation within the Town of Apple Valley; and
WHEREAS, the Housing Element update was previously reviewed under the California Environmental Quality Act (CEQA). On March 8, 2022, the Town Council adopted a Negative Declaration for the Housing Element Update, and the proposed changes to the Housing Element Update change neither the significance of impacts nor add substantial new information; and WHEREAS, the proposed General Plan Amendment is consistent with the goals and policies of the Town of Apple Valley adopted General Plan and Title 9 (Development Code) of the Municipal Code of the Town of Apple Valley and shall promote the health, safety and general welfare of the citizens of the Town of Apple Valley.

WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED that in consideration of the evidence presented at the public hearing, and for the reasons discussed by the Town Council at said hearing, the Town Council of the Town of Apple Valley, California, finds and determines as follows:

Section 1. In consideration of the evidence received at the public hearing, and for the reasons discussed by the Council at said hearing, that the Town Council of the Town of Apple Valley, California, finds that the changes proposed under General Plan Amendment No. 2021- 002 are consistent with the Goals and Policies of the Town of Apple Valley adopted General Plan.

The amendment also comprises of integrated and internally consistent goals and policies that are compatible with the already adopted goals and policies within the General Plan.

Section 2. Based upon the facts presented within the staff analysis, public testimony and pursuant to Government Code Section 65863(b), the Town Council of the Town of Apple Valley, California, finds that the proposed amendments to the Housing Element and the Land Use Element are consistent with State Law and provides a variety of housing opportunities for every economic sector of the Town’s current and future populations and provides compliance with State Law. As such, the amendment furthers the public interest and promotes the general welfare of the Town by providing for a logical pattern of land uses and policies for the Town.

Section 3. The Housing Element update was previously reviewed under the California Environmental Quality Act (CEQA). On March 8, 2022, the Town Council adopted a Negative Declaration for the Housing Element Update (General Plan Amendment No. 2021-002), and the proposed changes to the Housing Element change neither the significance of impacts nor add substantial new information.

Section 4. The Town Council approves General Plan Amendment 2021-002 amending the Housing Element of the General Plan for the 2022-2029 cycle for the Housing Element Update, attached hereto and incorporated herein as Exhibit A.

APPROVED and ADOPTED by the Town Council of the Town of Apple Valley, California, this 14th day of February 2023.

Scott Nassif, Mayor
ATTEST:

Ms. La Vonda M. Pearson, Town Clerk

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
1 HOUSING ELEMENT

PURPOSE
The Housing Element provides the Town direction in the distribution of housing throughout the community. Of particular concern to the Town is the provision of housing which is affordable to all its residents, both now and in the future. Apple Valley has traditionally been a residential community with a focus on rural character and quality of life. This Housing Element includes goals, policies and programs to assure that the Town’s character and quality of life are available to all residents.

BACKGROUND
The Housing Element works hand in hand with the Land Use Element, by assuring that adequate lands are available to provide housing for the period from 2022 through 2029. The Town’s land use map includes a broad range of residential densities, and sufficient lands to accommodate all types of housing, from ranches and farms to high density residential development.

The Housing Element is anchored by an analysis of the progress made since the drafting of the last Housing Element, and projections of needs for the current planning period. By looking back at the Town’s actions over the last 8 years, it can better understand its needs for the upcoming planning period. The Element also describes existing housing types, the condition of the existing housing stock, overcrowding, overpayment, special housing needs, and the demand for affordable housing in the Town. Statistical data has been drawn from a number of sources, which is particularly important since the results of the 2020 Census were not available at the time the Element was prepared and adopted. The sources of data are cited throughout the document.

California Law
AB 2853, passed in 1980, established Government Code Article 10.6, Section 65580 et. seq. to define the need for, and content of Housing Elements. At its core, the law requires that the “housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing” to meet the State’s housing goals.

California Government Code requires that every City and County prepare a Housing Element as part of its General Plan. In addition, State law contains specific requirements for the preparation and content of Housing Elements. According to Article 10.6, Section 65580, the Legislature has found that:
(1) The availability of housing is of vital statewide importance, and the early attainment of decent housing and a suitable living environment for every California family is a priority of the highest order.

ATTACHMENT 7

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
2 (2) The early attainment of this goal requires the cooperative participation of government and the private sector in an effort to expand housing opportunities and accommodate the housing needs of Californians of all economic levels.
(3) The provision of housing affordable to low and moderate income households requires the cooperation of all levels of government.
(4) Local and state governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community.
(5) The legislature recognizes that in carrying out this responsibility, each local government also has the responsibility to consider economic, environmental, and fiscal factors and community goals set forth in the General Plan and to cooperate with other local governments, and the state, in addressing regional housing needs.

Section 65581 of the Government Code states that the intent of the Legislature in enacting these requirements is:
(1) To assure that local governments recognize their responsibilities in contributing to the attainment of the State housing goal.
(2) To assure that cities and counties prepare and implement housing elements which, along with federal and State programs, will move toward attainment of the State housing goal. (3) To recognize that each locality is best capable of determining what efforts are required by it to contribute to the attainment of the State housing goal as well as regional housing needs. (4) To ensure that each local government cooperates with other local governments to address regional housing needs.

The basic components of a Housing Element were established in Section 65583, and required that each Element include:
• An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of local needs.
• A statement of the community’s goals, quantified objectives, and policies relative to the maintenance, improvement, and development of housing.
• A program that sets forth a schedule of actions to implement the policies and achieve the goals and objectives of the Housing Element to provide housing for all economic segments of the community guided by the following state housing objectives. • Provision of decent housing for all persons regardless of age, race, sex, marital status, source of income, or other factors.
• Provision of adequate housing by location, type, price and tenure. • Development of a balanced residential environment including access to jobs, community facilities, and services.

Since that time, Housing Element law has been regularly updated, expanded and modified. The most recent update to Housing Element law occurred in 2017, when a series of bills were passed into law to address the State’s determination that California was experiencing a State-wide housing crisis. The laws passed in 2017 addressed a wide range of housing-related issues, including Housing Elements, which are summarized below.

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
3 • SB 2 established a recordation fee for real estate documentation which would fund planning grants for affordable housing and affordable housing projects. • SB 3 placed a $4 billion general obligation bond on the November 2018 ballot to fund affordable housing, farmworker housing, transit-oriented development, infill infrastructure and home ownership.
• SB 35 mandated a streamlined approval process for infill affordable housing projects in communities that have not, according to the Department of Housing and Community Development (HCD) met their affordable housing allocation (RHNA). • AB 72 allowed HCD to find a housing element out of compliance with State law, and to refer the non-compliant element to the State Attorney General for action at any time during a Housing Element planning period.
• AB 73 provided State-funded financial incentives for local jurisdictions which choose to create a streamlined zoning overlay for certain affordable housing projects. • SB 166 required that development proposals on local jurisdictions’ sites inventory cannot be reduced in density without findings, and/or the identification of additional sites to result in ‘no net loss’ of affordable housing units in the sites inventory. • SB 540 provided State funding for the planning and implementation of workforce housing opportunity zones for very low, low and moderate income households. • AB 571 modified the farmworker tax credit program to allow HCD to advance funds to migrant housing center operators at the beginning of each planting season, and allowed migrant housing to remain open for up to 275 days annually.
• AB 678 amended the Housing Accountability Act to limit a local jurisdiction’s ability to deny low and moderate income housing projects by increasing the required documentation and raising the standard of proof required of a local jurisdiction. • AB 686 (approved in 2018) required a public agency to administer its programs and activities relating to housing and community development in a manner that affirmatively furthers fair housing.
• AB 879 amended the annual reporting requirements of local jurisdictions to HCD regarding proposed projects, including processing times, number of project applications and approvals, and required approval processes.
• AB 1397 amended the requirements of adequate sites analysis to assure that sites are not only suitable, but also available, by requiring additional information in site inventories. • AB 1505 allowed local jurisdictions to adopt local ordinances that require affordable housing units on- or off-site when approving residential projects. • AB 1515 established a ‘reasonable person’ standard to consistency of affordable housing projects and emergency shelters with local policies and standards. • AB 1521 placed restrictions on the owners of affordable housing projects when terminating or selling their projects.

Consistency with the General Plan
The Housing Element, as with all Elements of the General Plan, must be consistent with all other Elements. The Town’s procedures for amendment of the General Plan are contained in Chapter I., Introduction and Administration. The Town has reviewed the General Plan for consistency with

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
4 policies and programs proposed in this Housing Element. No inconsistencies were identified. The current (2022-2029) update of the Housing Element did not require that the Town amend its Land Use Element or land use map, as sufficient land has been identified to accommodate all housing types. The Town will continue to evaluate any amendment to the General Plan, including updating of the Housing Element as required by State law, to assure that internal consistency is maintained.

Evaluation of Existing Housing Element Policies and Programs The Town’s Housing Element included a number of policies and “action” items to address housing needs for the 2014-2021 planning period. The effectiveness of these policies and their associated action items is reviewed below.

Goal 1
Housing of all types to meet the needs of current and future residents in all income levels.

Policy 1.A
Ensure that new residential development conforms to the voter-approved Measure “N.” Evaluation: Land use densities in the Development Code are consistent with those established by Measure N. Measure N applied only to single family residential land use densities and had no impact on multi-family land uses. Measure N expired on December 31, 2020 and was not included on the ballot for renewal. This policy will not continue into the 2022-2029 planning cycle.

Policy 1.B
Maintain a wide range of residential land use designations, ranging from very low density (1.0 dwelling unit per 5 acres) to medium density (4 to 20 dwelling units per acre) and mixed use (4 to 30 units per acre), on the Land Use Map.

Evaluation: The Development Code includes residential districts ranging from Very Low Residential (R-VLD) (1 dwelling unit per 5 acres) to Mixed-Use (M-U) (up to 30 dwelling units per acre). This policy has been effective in allowing a range of housing densities and types and will be carried forward.

Program 1.B.1
Require that housing constructed expressly for low and moderate income households not be concentrated in any single area of Apple Valley.

Responsible Agency: Community Development Department
Schedule: Staff review as development proposals are brought forward Evaluation: Affordable housing is not concentrated in any single area of Town. The Zoning map establishes Multi-Family Residential (R-M) lands in proximity to commercial, transportation, and school facilities. In addition, during the 2014-2021 planning period, sixteen (16) building permits were issued for Accessory Dwelling Units (ADUs) in various locations, but no other affordable housing was built. Currently, one (1) affordable housing project is proposed on Navajo Road. Staff will continue to evaluate development proposals to assure that housing for low and moderate income households is not concentrated in a single area. This program will be continued in the 2022-2029 planning period.

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
5 Program 1.B.2
Locate higher density residential development in close proximity to public transportation, community services, and recreational resources.

Responsible Agency: Community Development Department
Schedule: Staff review as development proposals are brought forward Evaluation: The Zoning map places Multi-Family Residential (up to 20 units per acre) and Mixed Use (up to 30 units per acre) lands in close proximity to transportation, community facilities, and recreational facilities. This program has been effective and will be ongoing in the 2022-2029 planning period.

Program 1.B.3
Periodically review the Development Code for possible amendments to reduce housing construction costs without sacrificing basic health and safety considerations.

Responsible Agency: Community Development Department
Schedule: 2014, Every 8 years thereafter
Evaluation: The Development Code is updated periodically to facilitate housing as issues arise in development projects. In March 2021, the Town adopted amendments to the Multifamily Residential development standards to encourage the development of multi-family units by making development standards more flexible. Please see the Constraints and Land Inventory sections below for further details on these changes. This program will be continued during the 2022-2029 planning period.

Policy 1.C
Encourage housing for special needs households, including the elderly, single parent households, large households, the disabled and the homeless.

Evaluation: The Development Code permits a variety of housing products in multiple zoning districts, including senior housing, multi-family housing, accessory dwelling units (ADUs), group homes, supportive and transitional housing, and emergency shelters. The Town is currently (2020) working with the Coachella Valley Housing Coalition to provide 100 affordable housing units, and has received an SB2 grant in partnership with the City of Victorville for the development of a Wellness and Recuperative Center which will focus on homelessness and transitional housing. The grant allows the Town to fund the project for a 5-year period, in the amount of $287,561 annually.

Program 1.C.1
Offer incentives such as density bonus and reductions in parking requirements for senior housing.

Responsible Agency: Community Development Department
Schedule: Staff review as development proposals are brought forward Evaluation: Section 9.28.090.H of the Development Code offers density bonuses for the development of qualifying senior housing developments. For projects with at least 20 units, density bonuses of 20% over the maximum allowable residential density may be granted for market rate senior housing; 20-35% density bonuses for housing with at least 25% of total units restricted for low income seniors; and 20-35% density bonuses for housing with at least 10% of total units restricted for very low income seniors.

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
6 Section 9.72.040.C allows the Planning Commission to reduce the number of parking spaces required for senior citizen developments by 25% based on findings that parking demand is reduced due to proximity to a shopping center or public transportation. The number of covered parking spaces may be reduced by up to 50% for housing developments meeting the needs of lower to moderate income seniors.

During the 2014-2021 planning period, no senior housing was built and neither of these incentives was implemented. The incentives are part of the Development Code and will be implemented in the future as appropriate.

Program 1.C.2
Process requests for the establishment of State licensed residential care facilities, in accordance with Section 1566.3 of the Health and Safety Code, as a means of providing long-term transitional housing for very low income persons.

Responsible Agency: Community Development Department
Schedule: Staff review as development proposals are brought forward Evaluation: Section 9.29.110 of the Development Code addresses the development of residential care facilities. Small residential care facilities caring for six (6) or fewer people and licensed by the State are considered a residential use of property and are permitted outright in all residential districts, consistent with the Health and Safety Code. During the 2014-2021 period, no such facilities were proposed or developed. All future proposals will be processed in accordance with the Development Code.

Program 1.C.3
Pursuant to State law, require apartment complexes with 20 or more units to provide a minimum of one handicapped-accessible unit, with two units required of developments over 100 units.

Responsible Agency: Community Development Department
Schedule: Staff review as development proposals are brought forward Evaluation: No apartment complexes with 20 or more units have been developed during the 2014- 2021 planning period. The Town would apply this program to project(s) brought forward in the future, and this program will therefore be extended to the 2022-2029 planning period.

Program 1.C.5
Pursuant to State law, require apartment complexes with 16 or more units to provide an on-site property manager.

Responsible Agency: Community Development Department
Schedule: Staff review as development proposals are brought forward Evaluation: No apartment complexes with 16 or more units were built during the 2014-2021 planning period. However, the Town will continue to comply with State law.

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
7 Program 1.C.6
Encourage the development of second units, consistent with the requirements of State law and the Development Code, as a means of providing affordable housing opportunities in the single family residential districts.

Responsible Agency: Community Development Department
Schedule: Staff review as development proposals are brought forward Evaluation: Ordinance Nos. 502 (adopted 2018), 504 (adopted 2019), and 530 (adopted 2020) modified the Development Code as it pertains to Accessory Dwelling Units (ADUs) and other residential habitable accessory structures. Section 9.29.120 of the Municipal Code addresses development and design of ADUs and junior ADUs. ADUs are permitted outright in all residential districts, including Mixed Use (M-U). The Planning Division no longer requires a separate approval for ADUs; instead, it reviews construction plans in conjunction with the Building and Safety Department. The Town does not collect Development Impact Fees (DIF) from ADUs less than 750 square feet. If DIF is collected, the Town allows the fees to be collected prior to Final, as opposed to at building permit issuance. New ADUs are not subject to the landscaping requirements or design point system pertaining to front façade architectural requirements that are required of new single-family residences.

During the 2014-2021 planning period, sixteen (16) building permits for ADUs were issued. Town staff will continue to evaluate and process ADU proposals consistent with State law and the Development Code in the 2022-2029 planning cycle.

Program 1.C.7
Expedite processing for elderly, low and moderate income housing applications; waive fees for shelters and transitional housing.

Responsible Agency: Community Development Department
Schedule: Staff review as development proposals are brought forward Evaluation: During the 2014-2021 planning period, no proposals for elderly, low or moderate income, or transitional housing projects or shelters were received or processed by Town staff and therefore, no expedited processing was implemented and no fees were waived. This program will be applied to future such project proposals in the 2022-2029 planning period.

Program 1.C.8
Maintain the Down Payment Assistance Program as a tool to increase affordable homeownership opportunities for low and moderate income persons.

Responsible Agency: Community Development Department
Schedule: Annually with CDBG and HOME fund allocation in budget Evaluation: As a result of strong real estate market conditions during the 2014-2021 planning cycle, the need for down payment assistance decreased compared to the 2008-2014 cycle. The Town included the Down Payment Assistance Program in its 5-Year Consolidated Plan, but the program has been inactive since 2014 and no loans were approved during the 2014-2021 planning cycle. The lack of funding resulting from the elimination of Redevelopment set-aside funds has also contributed to this program’s inactivity. Since no source of funding is foreseen to be available for the program, it will not be carried forward to the 2022-2029 planning period.

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
8 Program 1.C.9
Participate in regional, state and federal programs which assist very low, low and moderate income households in buying their own home, and provide information at Town Hall on these programs.

Responsible Agency: Community Development Department
Schedule: Regular participation in Consortium activities Evaluation: During the 2014-2021 planning cycle, the Town operated the Residential Rehabilitation Loan Program (RRLP) to assist qualifying very low and low income single-family (up to 4 units) homeowners with no interest deferred loans to pay for the costs of health, safety, code, deferred maintenance, and ADA improvements. A total of 71 loans were approved under the program, and 98 households are on the waiting list. The program helps lower income households maintain safe and operable homes.

In addition, the Town refers residents to County, state, and federal down payment assistance programs and provides flyers and website information and links. The Code Enforcement Department also distributes flyers to Town residents. This program is ongoing and will continue into the 2022-2029 planning cycle.

Policy 1.D
Continue to encourage mobile homes as an affordable housing option for all segments of the community.

Evaluation: In 2020, the Department of Finance reported there were 1,440 mobile homes in Apple Valley. The Development Code includes a Mobile Home Park (MHP) residential district. Mobile home parks are permitted outright in the MHP district and with a Conditional Use Permit (CUP) in the Planned Residential District (PRD). Mobile and manufactured homes are also permitted outright in all residential districts except Mixed Use (M-U). The Town has limited jurisdiction over mobile home parks but establishes development standards in Code Section 9.30 and enforces code compliance as it pertains to health and safety issues.

Program 1.D.1
Allow the placement of mobile and manufactured homes in all single family districts.

Responsible Agency: Community Development Department
Schedule: Staff review as development proposals are brought forward Evaluation: Per the Development Code, mobile and manufactured homes are permitted in all single-family residential districts. Town staff will continue to process development proposals for mobile and manufactured homes in accordance with the Code.

Program 1.D.2
Ensure high quality development standards through the implementation of the new Mobile Home Park zone, consistent with the Development Code in mobile home developments.

Responsible Agency: Community Development Department
Schedule: Staff review as development proposals are brought forward

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
9 Evaluation: Section 9.30 of the Development Code establishes mobile home park or subdivision standards to ensure developments are compatible and complementary to existing and future residential development in the immediate vicinity and consistent with State law. Standards have been established for subdivision design, skirting and pad requirements, parking, utilities, open spaces, common recreational facilities, walkways, laundry facilities, and other topics. Town staff will continue to evaluate development proposals and enforce standards according to the Development Code.

Policy 1.E
Affordable housing should be distributed throughout the community, and should blend with existing neighborhoods.

Evaluation: Affordable housing is not concentrated in any single area of Town. To the greatest extent practical, the Multi-Family Residential (R-M) District is in proximity to public transportation, community facilities, and shopping and employment centers. Other types of dwelling units that may be affordable to lower and moderate-income households, such as ADUs, are permitted in residential districts that are distributed throughout the community.

Section 9.29.070 establishes Multi-Family Housing development standards, including setbacks and buffer areas, lighting and height limitations, and trash enclosure standards, that assure that development blends with and is compatible with existing neighborhoods. Town staff will continue to evaluate development proposals according to these and other provisions of the Development Code.

Program 1.E.1
Support and encourage local developers to participate in County-sponsored mortgage revenue bond and scattered site housing programs by including the programs in literature provided by the Community Development Department on local and regional housing programs, with a particular focus encouraging the development of housing for extremely low and very low income households. The Town will utilize all available funding sources to meet its extremely low income housing allocation. The Town will consider reducing, waiving or subsidizing development and impact fees for developments targeted toward affordable housing; assisting developers in site identification; or using HOME funds to assist in development of housing for lower income housing, including extremely low income households.

Responsible Agency: Community Development Department, San Bernardino Housing Authority Schedule: Annually, with CDBG and HOME funds allocation in budget Evaluation: The Community Development Department publishes and makes available printed and online information about County and other housing and financing programs. The Town uses HOME, CBDG, and other funding sources to help meet its extremely low-income housing allocation. The following table summarizes HOME and CDBG funds authorized annually between 2014 and 2020.

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
10 Table 1
CDBG and HOME Allocations, 2014-2020
Year
Authorized Amount

CDBG HOME
2014 $531,056 $504,484
2015 $564,460 $501,578
2016 $559,270 $538,365
2017 $541,977 $535,113
2018 $624,925 $772,659
2019 $625,395 $721,434
2020 $596,645 $783,168
Each year, the Town advertises a Notice of Funding Availability (NOFA) during November and December for the next year’s HOME and CDBG funding allocations. All non-profit agencies and Community Housing Development Organization (CHDO) approved agencies are welcome to attend the Town’s technical workshop to learn how to apply for funding. These efforts are ongoing, and the Town will continue them in the 2022-2029 planning period.

Program 1.E.2
Support the efforts of non-profit organizations, private developers, and the County of San Bernardino Housing Authority to obtain State and/or Federal funds for the construction of affordable housing for extremely low, very low and low income households by writing letters of support, and expediting permit processing for projects requiring pre-approval of development projects.

Responsible Agency: Community Development Department, San Bernardino Housing Authority Schedule: Annually, with CDBG and HOME funds allocation in budget Evaluation: The Town is currently (2020) working with the Coachella Valley Housing Coalition to develop 100 affordable housing units on a 10-acre parcel on Navajo Road. The Town assisted the organization with site identification, and HOME and NSP3 funds were allocated for the project. Additionally, in 2020, the Town applied for a State PLHA grant that will be used in partnership with the City of Victorville to develop a Wellness and Recuperative Center for homeless and transitional housing assistance. This effort is ongoing and will be continued in the 2022-2029 planning cycle.

Program 1.E.3
New multiple housing projects shall incorporate designs which are compatible with surrounding single family residential neighborhoods, and are consistent with the low-scale, rural character of Apple Valley.

Responsible Agency: Community Development Department
Schedule: Staff review as development proposals are brought forward Evaluation: Section 9.29.070 of the Development Code establishes development standards for housing in the Multi-Family (M-F) Residential district. Standards pertaining to setbacks, buffer areas, height restrictions, shielding of lighting, trash enclosures, and other features help assure that designs are compatible with surrounding single-family neighborhoods. A range of housing

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
11 products and densities are permitted in the M-F district that are consistent with the rural character of Apple Valley, including duplexes, triplexes, apartments, condominiums, and townhouses. The Town will continue to evaluate and process Multi-Family housing projects according to the standards of the Development Code.

Policy 1.F
Permit childcare facilities in single-family and multi-family residential zones, as well as in commercial and industrial areas where employment is concentrated.

Evaluation: Per the Development Code, small family day care facilities with 8 or fewer children and large family day care homes with 9 to 14 children are permitted in all residential districts.

Childcare centers with 15 or more children are permitted with a CUP in five single-family districts. Day care centers are permitted with a Special Use Permit (SUP) in all commercial districts and the Planned Industrial (I-P) district. The Town will continue to evaluate childcare facility development proposals according to the Development Code in the 2022-2029 planning cycle.

Policy 1.G
New residential development must assure the provision of infrastructure and public services.

Evaluation: All new residential projects are evaluated for their proximity and connection to existing services. While the Town is generally well-served by public service and infrastructure, some parcels in the central part of Town are not connected to the regional sewer system. The Town will evaluate the feasibility of a potential extension of the sewer system to serve all residential parcels, including financing sources and timelines, to assure that new residential development throughout the community are adequately serviced. The Town will continue to encourage wellplanned development that results in an efficient and logical connection to utilities and avoids “leap frogging.”
Policy 1.H
Encourage energy-conservation and passive design concepts that make use of the natural climate to increase energy efficiency and reduce housing costs.

Evaluation: The Town adopted an update to its Climate Action Plan (CAP) in 2016. The CAP evaluates existing energy usage and presents future energy conservation and greenhouse gas reduction measures; a CAP update based on 2019 energy usage levels has recently been completed. In addition, the Town has adopted and implements the 2019 California Green Building Code, and new development must comply with these regulations. The Town provides information about energy efficiency home improvements and strategies online and at the public counters of Town Hall. The Town’s Residential Rehabilitation Loan Program (RRLP) can be used by qualifying low and moderate-income residents to fund energy efficiency home improvements.

Program 1.H.1
Utilize the development review process to encourage energy conservation in excess of the CBC’s Title 24 requirements, which incorporate energy conservation techniques into the siting and design of proposed residences.

Responsible Agencies: Community Development Department, Building and Safety Department Schedule: Staff review as development proposals are brought forward

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
12 Evaluation: Town staff evaluates development proposals based on the requirements of the Development Code, Building Code(s), and other applicable requirements and standards. Town staff also promotes the incorporation of CAP implementation strategies into all types of development projects as they are presented for processing. This program has been effective and will be extended to the 2022-2029 planning period.

Program 1.H.2
Continue to allow energy conservation measures as improvements eligible for assistance under the Residential Rehabilitation Loan Program.

Responsible Agency: Community Development Department
Schedule: Staff review as development proposals are brought forward Evaluation: The RRLP provides loans of up to $50,000 for repair work to single-family owneroccupied homes. The program is available to lower income residents and can be used toward the costs of energy conservation measures. During the 2014-2021 planning period, 71 loans were approved, and 98 families are currently (2020) on the waiting list. The program will be continued into the 2022-2029 planning period.

Program 1.H.3
Provide brochures and contact information to local utilities for energy audits and energy efficient appliance programs, as they are available.

Responsible Agency: Building and Safety Department
Schedule: Regularly restock brochures at Town Hall public counters.

Evaluation: The Town provides brochures, flyers, and online resources pertaining to energy audits, energy efficient appliance programs, and home weatherization programs. Programs include those offered by local utility providers and regional agencies, such as the Community Action Partnership of San Bernardino County. This program will continue to be implemented during the 2022-2029 planning period.

Program 1.H.4
The Community Development Department shall maintain a brochure which describes the improvements eligible for the Residential Rehabilitation Loan Program, including energy conservation measures, and shall distribute the brochure at Town Hall, the Community Center, the Senior Center, the Library, churches and other sites where they can be available to the community at large.

Responsible Agency: Community Development Department and Building and Safety Department
Schedule: Ongoing
Evaluation: Brochures describing the RRLP are provided in the Town Hall lobby and the Development Services Building (DSB). Information is also provided on the Town’s website.

Additionally, the Housing Division describes the program at local veteran fairs, senior communities, and other public events, and the Code Enforcement Department distributes flyers to residents that may need assistance. This is an ongoing effort that will continue during the 2022- 2029 planning period.

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
13 Policy 1.I
Provide housing opportunities for the homeless in the community.

Evaluation: The Town participates in the San Bernardino County Continuum of Care (CoC), San Bernardino County Homeless Partnership, Apple Valley/Victorville Consortium, and other organizations to provide emergency services and transitional and supportive housing for the homeless. In 2020, the Town applied for a Permanent Local Housing Allocation (PLHA) grant through the State of California. The Town would receive $287,561 annually for 5 years to partner with the City of Victorville to develop a Wellness and Recuperative Center in Victorville focusing on homelessness and transitional housing.

Program 1.I.1
The Town shall encourage the development of Homeless Shelters, Transitional Housing and Single Room Occupancy by complying with Government Code Section 65583, which requires these uses to be identified in the Development Code. Application fee waivers shall also be given to these projects proposed in the Town. In addition, those that apply for reasonable accommodations shall also be given fee waivers.

Responsible Agency: Community Development Department
Schedule: Staff review as proposals are brought forward Evaluation: The Development Code allows emergency housing for the homeless in the Planned Industrial (I-P) district, and in the Service Commercial (C-S) and Village Commercial (C-V) districts with a Special Use Permit (SUP). Transitional housing is permitted in all residential districts, including M-U, subject to approval of a Conditional Use Permit (CUP), consistent with the requirements for similar uses, such as large group homes and community care facilities; it is also permitted in the I-P district, and in the C-S and C-V districts with approval of a SUP. Singleroom occupancy (SRO) facilities are permitted with a CUP in all residential districts, including M-U, consistent with the requirements for similar uses, such as group homes; they are also permitted in the I-P district.

No such facilities were proposed during the 2014-2021 planning period and, therefore, no application fee waivers were granted.

Program 1.I.2
The Town shall modify the Development Code so the regulations for transitional and supportive housing are considered the same as a residential use and only subject to those restrictions that apply to other residential uses of the same type in the same zone.

Responsible Agency: Community Development Department
Schedule: 2014-2015
Evaluation: Transitional and supportive housing are permitted in all residential districts subject to the approval of a Conditional Use Permit (CUP) consistent with the requirements for similar uses, such as large group homes and community care facilities. This program was completed and will not be carried forward into the 2022-2029 planning period.

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
14 Goal 2
Housing which is safe and properly maintained, to assure that the best quality of life is provided to all residents.

Evaluation: Town staff considers safety in its review of all housing development proposals. The Code Enforcement Department provides ongoing enforcement of all applicable health and safety codes and requirements.

Policy 2.A
Maintain the code enforcement program as the primary tool for bringing substandard units into compliance with Town Codes, and for improving overall housing conditions in Apple Valley.

Evaluation: The Code Enforcement Department regularly evaluates housing conditions, issues citations for substandard housing, monitors follow-up repairs actions, and offers resources for assistance, as necessary and appropriate. This is an ongoing effort and will continue throughout the 2022-2029 planning cycle.

Program 2.A.1
Enforce Town codes on property maintenance, building and zoning code compliance.

Responsible Agencies: Community Development Department, Code Enforcement Division.

Schedule: Staff review as development proposals are brought forward Evaluation: The Community Development, Building and Safety, and Code Enforcement Departments continue to enforce Town codes pertaining to zoning and building compliance and property maintenance.

Program 2.A.2
Actively market rehabilitation programs available through CDBG or HOME programs, which provide financial and technical assistance to lower income property owners to make housing repairs, by including them in the brochure described in Program I.H.4, to be distributed throughout the community. Endeavor to assist 130 very low and low income households through these programs.

Responsible Agency: Community Development Department
Schedule: Quarterly announcements in town-wide publication, quarterly announcements on Town’s website
Evaluation: The Community Development Department markets the Residential Rehabilitation Loan Program (RRLP) that uses HOME and CDBG funds to assist lower income property owners making home repairs. Information is provided via flyers at Town Hall and the DSB, the Town’s website, handouts distributed by Code Enforcement staff, the Town’s quarterly newsletter, and bus shelters throughout the community.

During the 2014-2021 planning cycle, 71 loans were approved, and an additional 98 residents are on the waiting list. Due to high demand for assistance, this program will continue into the 2022- 2029 planning cycle. The current goal is to assist 20 households per year.

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
15 Program 2.A.3
Continue to pursue CDBG and HOME funds for rehabilitation of single-family and multi-family housing, and provide information on these programs in brochures distributed by the Town to the community.

Responsible Agency: Community Development Department
Schedule: Annually with HOME fund allocation in budget
Evaluation: The Community Development Department pursues HOME finds annually, as available, and marketing programs are provided on a continuous basis (refer to the Evaluation for Program 2.A.2, above).

Program 2.A.4
Distribute Neighborhood Stabilization Program (NSP) funds as established in the Five Year Consolidated Plan adopted in September 2012 for down payment assistance, single-family unit acquisition and rehabilitation for sale, and the acquisition, rehabilitation and/or construction of multiple family units.

Responsible Agency: Community Development Department
Schedule: Annually with NSP funding
Evaluation: As of 2020, the Neighborhood Stabilization 1 Program (NSP 1) is to be wrapped up and closed. All remaining balances are to be moved to the CBDG program. The Town will continue to maintain and monitor the existing loan portfolio for all existing loans funded through NSP. NSP 3 funds were used for land acquisition and the Town is currently working with the Coachella Valley Housing Coalition to develop 100 affordable multi-family housing units on Navajo Road.

Policy 2.B
Prohibit housing development in areas subject to significant geologic, flooding, noise and fire hazards, and in environmentally and archaeologically vulnerable areas.

Evaluation: The General Plan Land Use Map and Zoning Map avoid placing residential land uses in locations subject to environmental hazards, to the greatest extent practical. The Town’s development review process also evaluates potential environmental hazards and, where necessary, requires implementation of mitigation measures to reduce potential impacts.

Policy 2.C
Encourage neighborhood watch programs that promote safety and protection in residential neighborhoods.

Evaluation: The Police Department operates the Neighborhood Watch program which has been effective in reducing crime in residential areas. These efforts are ongoing and will continue into the 2022-2029 housing cycle.

Program 2.C.1
Encourage landlords and property managers to participate in the Crime Free Multi-Family Housing Program sponsored by the San Bernardino County Sheriff’s office.

Responsible Agency: Community Development Department
Schedule: Quarterly through Sheriff’s Department outreach efforts

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
16 Evaluation: The Police Department continues to operate the Crime Free Multi-Housing Program, a coalition of police, property managers, and residents of rental properties that aims to reduce crime in rental communities. This program is ongoing and will continue into the 2022-2029 planning period.

Goal 3
Unrestricted access to housing throughout the community.

Evaluation: The Town evaluates development proposals for, and promotes and enforces regulations pertaining to, fair housing practices and accessibility issues. During the 2014-2021 planning period, the Town’s Housing Division conducted community surveys about housing discrimination, developed assessments of fair housing and other reports, hosted fair housing workshops, and worked with government agencies and non-profits to address housing accessibility in the community. The Town funds the Inland Fair Housing and Mediation Board through CDBG entitlement dollars to provide landlord/tenant mediation to Town residents. These efforts are ongoing and will continue into the 2022-2029 planning cycle.

Policy 3.A
Continue to promote the removal of architectural barriers in order to provide barrier-free housing for handicapped or disabled persons.

Evaluation: Section 9.29.190 of the Development Code provides individuals with disabilities with a process for requesting reasonable accommodation from various Town regulations, policies, practices, and procedures when warranted and based upon sufficient evidence. Notice of the availability of reasonable accommodation is displayed in the Development Services Building, and Town staff informs potentially eligible residents of the program. This policy is ongoing and will be carried forward to the 2022-2029 planning period.

Program 3.A.1
Enforce the handicapped accessibility requirements of Federal fair housing law that apply to all new multi-family residential projects containing four (4) or more units.

Responsible Agency: Department of Building and Safety
Schedule: Staff review as development proposals are brought forward Evaluation: The Town enforces all federal fair housing laws, including that described above which requires all “covered multi-family dwelling” (i.e. all dwelling units in buildings containing 4 or more units with one or more elevators, and all ground floor units in buildings containing 4 or more units) designed and constructed for first occupancy after March 13, 1991 to be accessible to and usable by people with disabilities. The Building and Safety Department verify compliance with the law as new developments are proposed.

Policy 3.B
Prohibit practices that arbitrarily direct buyers and renters to certain neighborhoods or types of housing.

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
17 Evaluation: The Town enforces all federal fair housing laws, and the Development Code facilitates various types of housing products in multiple zoning districts that are geographically distributed throughout the community. These actions help prohibit the practice of directing buyers and renters to certain neighborhoods or types of housing.

Program 3.B.1
Provide fair housing information at Town Hall, the Library, the Senior Center and local churches to inform both landlords and tenants of their rights and responsibilities. The information shall direct landlords and tenants to the San Bernardino Housing Authority, which has an established dispute resolution program.

Responsible Agency: Community Development Department, San Bernardino County Housing Authority
Schedule: Regularly restock brochures at all locations.

Evaluation: Brochures with fair housing information are provided and routinely restocked at Town Hall and the DSB by the Town’s Housing Division. Information and links are also provided on the Town website. Information about the Inland Fair Housing and Mediation Board, which the Town funds with CDBG funds, is included, and the Town hosts annual landlord/tenant workshops in the Town Conference Center. These programs are ongoing and will continue into the 2022- 2029 housing cycle.

Effectiveness of Programs
Although limited development of any kind occurred in Apple Valley during the previous planning period, the Town was successful in partnering with the City of Victorville to develop a transitional shelter program to combat homelessness in the region, and has continued to assist with both down payment assistance and home repair assistance for very low and low income households when funds are available. The Town will continue to implement the programs under Policy 1.C, and others in this Housing Element, to assist special needs households in Town.

DEMOGRAPHIC BACKGROUND
Population Trends
The Town of Apple Valley is in the Victor Valley region of San Bernardino County. Neighboring jurisdictions include the cities of Victorville, Hesperia, and Adelanto. Between 2000 and 2010, the Apple Valley population increased 27.5%, from 54,239 to 69,135. Between 2010 and 2018, it increased 4.7% to 72,359. The percentage increase during this period was comparable to those of neighboring cities and the County as a whole, which ranged between 3.8% and 5.2%.

Table 2
Population Trends – Apple Valley
Year Population
Numerical
Change
Percent
Change
Average Annual
Growth Rate
2000 54,239 -- -- --
2010 69,135 14,896 27.5% 2.8%
2018 72,359 3,224 4.7% 0.6%
Source: 2000 and 2010 U.S. Census; American Community Survey 2014-2018 5-Year Estimates.

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
18 Table 3
Population Trends – Neighboring Jurisdictions
Jurisdiction 2010 2018
Change (2010-2018)
Number Percent
Victor Valley Region:

Apple Valley 69,135 72,359 3,224 4.7%
Victorville 115,903 121,861 5,958 5.1%
Hesperia 90,173 93,609 3,436 3.8%
Adelanto 31,765 33,416 1,651 5.2%
San Bernardino County 2,035,210 2,135,413 100,203 4.9%
Source: 2010 U.S. Census; American Community Survey 2014-2018 5-Year Estimates.

The Southern California Association of Governments (SCAG) prepares population forecasts for jurisdictions within its coverage area as part of future growth policies and programs. SCAG’s 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) projects the Apple Valley population will reach 101,400 in 2045. As the Town grows, the demand for a variety of housing products will increase; however, the need for additional housing must be evaluated in light of the slowing annual growth rate that has occurred since 2010.

Race and Ethnicity
The racial/ethnic make-up of Apple Valley residents in 2010 and 2018 is described in the following table. The largest racial group is residents identifying themselves as “white”; this group increased from approximately 69% in 2010 to 79% in 2018. The second most populous racial group changed from “some other race” (12%) in 2010 to “Black or African American” (9%) in 2018. The percentage of American Indians and Alaska Natives, Asians, and Native Hawaiians and Other Pacific Islanders remained largely unchanged, representing a combined total of about 4% in both years. The percentage of residents identifying as “Some Other Race” decreased the most, from

12.1% in 2010 to 3.6% in 2018. The percentage of Hispanic or Latino residents (of any race) increased from approximately 32% to 36%.

Table 4
Population by Race and Ethnicity
Race
2010 2018
Persons
% of
Total Persons
% of
Total
One Race
White 47,762 69.09% 57,199 79.05%
Black or African American 6,321 9.14% 6,477 8.95%
American Indian and Alaska Native 779 1.13% 525 0.73%
Asian 2,020 2.92% 2,115 2.92%
Native Hawaiian and Other Pacific Islander 294 0.43% 26 0.03% Some Other Race 8,345 12.07% 2,611 3.61%
Two or More Races 3,614 5.22% 3,406 4.71%
Total 69,135 100.00% 72,359 100.00%
Hispanic or Latino (of any race) 21,940 31.74% 26,246 36.27% Source: 2010 U.S. Census, Tables P3 and P7; American Community Survey 2014-2018 5-Year Estimates, Table DP05

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
19 Age
Table 5 compares Apple Valley’s population by age in 2010 and 2018. The largest age groups in 2018 were young and middle age adults ages 25 to 34 years (12.1% of total population), 45 to 54 years (11.4%), and 35 to 44 years (10.9%). From 2010 to 2018, the age groups with the greatest increase were 25 to 34 years (1.5% increase) and 65 to 74 years (1.2% increase). The age groups with the greatest decrease were 45-55 years (2.3% decrease), 10 to 14 years (1.2% decrease), and 15 to 19 years (1.2% decrease). The median age increased slightly, from 37.0 to 37.3 years.

The data suggest that housing demand is currently highest for young adults and families with children. However, the population is slowly aging. If the aging trend continues, there may be a growing demand for senior housing and programs that promote “aging in place.” The demand for such products will be evaluated over time.

Table 5
Population by Age
Age Group
2010 2018
Persons
% of
Total Persons
% of
Total
Under 5 years 4,795 6.9% 5,374 7.4%
5 to 9 years 4,894 7.0% 5,376 7.4%
10 to 14 years 5,641 8.2% 5,077 7.0%
15 to 19 years 6,205 9.0% 5,615 7.8%
20 to 24 years 4,265 6.1% 4,279 5.9%
25 to 34 years 7,383 10.6% 8,760 12.1%
35 to 44 years 7,685 11.1% 7,912 10.9%
45 to 54 years 9,498 13.7% 8,221 11.4%
55 to 59 years 4,284 6.2% 4,609 6.4%
60 to 64 years 3,820 5.5% 4,669 6.5%
65 to 74 years 5,868 8.9% 7,342 10.1%
75 to 84 years 3,527 5.1% 3,573 4.9%
85 years and over 1,270 1.8% 1,552 2.1%
Total 69,135 100.0%1 72,359 100.0%1
Median age (years) 37.0 37.3 1 differences due to rounding Source: 2010 U.S. Census Tables P12 and P13; American Community Survey 2014-2018 5-Year Estimates, Table DP05
Employment
The following table describes employment by industry in Apple Valley in 2018. The data show that 26,030 residents over 16 years were employed in the civilian labor force. The largest percentage was employed in “educational services, health care, social assistance” (24.6%), followed by “retail trade” (15.9%) and “transportation, warehousing, utilities” (10.3%).

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
20 Table 6
Employment by Industry
Industry Type
2018
Persons
% of
Total
Civilian employed population 16 years and over:

Agriculture, forestry, fishing, hunting, mining 154 0.6% Construction 2,011 7.7%
Manufacturing 1,456 5.6%
Wholesale Trade 294 1.1%
Retail Trade 4,121 15.9%
Transportation, warehousing, utilities 2,675 10.3%
Information 370 1.4%
Finance, insurance, real estate, rental, leasing 1,144 4.4% Professional, scientific, management, admin., waste
management
2,439 9.4%
Educational services, health care, social assistance 6,408 24.6% Arts, entertainment, recreation, accommodation, food
services
2,135 8.2%
Other services, except public administration 1,104 4.2% Public administration 1,719 6.6%
Total 26,030 100.0%
Source: American Community Survey 2014-2018 5-Year Estimates, Table S2405 As shown in Table 7, approximately 31% of the Apple Valley civilian employed labor force is employed in “management, business, science, and arts” occupations, followed by “sales and office” occupations (23%) and “service” occupations (19%).

Table 7
Employment by Occupation
Occupation
2018
Persons
% of
Total
Civilian employed population 16 years and over:

Management, business, science, and arts occupations 8,070 31.0% Service occupations 5,025 19.3%
Sales and office occupations 6,007 23.1%
Natural resources, construction, and maintenance
occupations
2,792 10.7%
Production, transportation, and material moving
occupations
4,136 15.9%
Total 26,030 100.0%
Source: American Community Survey 2014-2018 5-Year Estimates, Table DP03

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
21 The Apple Valley Unified School District, St. Mary Regional Medical Center, and Wal-Mart Distribution Center are the largest employers in Apple Valley. Combined, they employ a total of 4,276 full-time employees, nearly 74% of total employment within the Town limits. Other principal employers include big box retailers, grocery stores, and a skilled nursing facility. Typical jobs at these facilities include teachers, school administrators and support staff, medical providers and support personnel, and retail clerks and managers.

Table 8
Principal Employers in Apple Valley
Employer
2019
Number of
Employees1
Percent of
Total Employment2
Apple Valley Unified School District 1,574 27.18%
St. Mary Regional Medical Center 1,501 25.92%
Wal-Mart Distribution Center 1,201 20.74%
Target Stores 349 6.03%
Wal-Mart Stores 250 4.32%
Stater Brothers Market 212 3.66%
Winco Foods 171 2.95%
Apple Valley Post Acute Care Center 170 2.94%
Lowes 140 2.42%
The Home Depot 133 2.30% 1 does not include part-time employment 2 total employment of all employers located within Town limits Source: Comprehensive Annual Financial Report, Fiscal Year Ended June 30, 2019, Town of Apple Valley.

Economic Trends
The Great Recession began in late 2007 and saw high unemployment and job losses throughout much of the country, including southern California, San Bernardino County, and the Victor Valley.

Housing constructions levels were far below that needed to meet demand. The Inland Empire (San Bernardino and Riverside Counties combined) lost 140,200 jobs.1 Unemployment rates in Apple Valley reached 14.4%, 13.7%, and 12.1% in 2010, 2011, and 2012, respectively.2 The economy has rebounded since the recession and San Bernardino County, in particular, has experienced strong economic growth, much of which is associated with residents and businesses being priced out of coastal Southern California and moving inland for more affordable housing and commercial property.3 Between 2010 and 2018, the Inland Empire experienced a 30.2% increase in the number of local jobs, with 2018 total employment being higher than 2007 pre1 “Inland Empire Quarterly Economic Report,” Year 31, October 2019, John E. Husing, Ph.D., Economic & Politics, Inc. 2 California Economic Development Department annual unemployment rates (labor force), not seasonally adjusted, not preliminary. 3 The Firmest of Housing Market Recoveries,” John Mulville, Regional Director, Metrostudy, from The Bradco Companies High Desert Report, Spring 2018, Volume 57.

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
22 recession levels.4 Regional job growth was especially strong in three industry sectors: logistics, construction, and health care, which were responsible for 47.4% of all new jobs created in the Inland Empire in 2018.5 As of 2019, the unemployment rate in the Inland Empire was averaging a record low of 4.2%, and Apple Valley’s unemployment rate was 4.5%.6 Between 2018 and 2019, assessed property valuation increased by 5.8% in San Bernardino County and 4.2% in Apple Valley.7 Although the housing market has made a strong recovery and regional home sales have increased, a lack of supply in the housing market remains a major economic issue throughout the Inland Empire.8
Recent employment gains were realized in Apple Valley with the opening of the Big Lots distribution center in January 2020 that provided 400 new jobs. Future employment opportunities for Apple Valley residents are expected to include thousands of construction, transportation, maintenance, retail, and restaurant jobs associated with the proposed Brightline High Speed Train transit station and maintenance facility at I-15 and Dale Evans Parkway. The project is expected to be operational by 2023 and serve as an economic catalyst that positively impacts long-term local and regional economic development, employment, and housing. Current estimates project that it could create more than 23,000 construction jobs (through 2023) and 6,600 operational jobs (through 2029) in the Victor Valley region.9
Additional employment can be expected in conjunction with the continued build out of the 6,600- acre North Apple Valley Industrial Specific Plan (NAVISP) area with industrial, manufacturing, and logistics industries. Commercial retail, restaurant, service, and hospitality jobs are anticipated as vacant commercial sites develop throughout the Town, particularly in north Apple Valley near I-15 and in the Village Specific Plan area along Highway 18. The region’s health care industry can be expected to continue to grow, bringing a variety of new health-related professional, technical, and support jobs.

Table 9 describes the employment locations of Apple Valley’s employed residents. As shown,

16.6% of the Town’s population works in Apple Valley. The remaining 83% work elsewhere, which could suggest a jobs-housing imbalance within the Town limits. 4 “Inland Empire Quarterly Economic Report,” Year 31, October 2019, John E. Husing, Ph.D., Economic & Politics, Inc. 5 Ibid. 6 California Economic Development Department annual unemployment rates (labor force), not seasonally adjusted, not preliminary. 7 “Inland Empire Quarterly Economic Report,” Year 31, October 2019, John E. Husing, Ph.D., Economic & Politics, Inc. 8 “Ibid. 9 “Economic Development Plan, Virgin Trains USA, presentation to CDLAC (California Debt Limit Allocation Committee)” Varshney & Associates, 2020, p. 17, 18.

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
23 Table 9
Commuting Patterns
Where Apple Valley
Residents Work
No. of Apple Valley
Commuters
% of Total
Commuters
Apple Valley 3,592 16.6%
Victorville 2,831 13.1%
Hesperia 1,305 6.0%
San Bernardino 1,220 5.6%
Los Angeles 1,164 5.4%
Ontario 464 2.1%
Adelanto 443 2.0%
Riverside 442 2.0%
Rancho Cucamonga 381 1.8%
Fontana 309 1.4%
All Other Destinations 9,533 44.0%
Source: “Profile of the Town of Apple Valley,” Southern California Association of Governments, May 2019, p. 21. Based on 2016 data.

Income
Incomes vary significantly by region, industry, and type of job. Table 10 describes median earnings by occupation in Apple Valley. As shown, the highest-paying occupations are computer/engineering/science, healthcare practitioners, and management/business/financial occupations, with median earnings ranging from about $62,000 to $79,000. The lowest-paying occupations are personal care/service and food preparation/serving occupations, with median earnings ranging between $13,000 and $15,000.

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
24 Table 10
Median Earnings by Occupation
Occupation
Median Earnings in
the Past 12 Months*
Management, Business, Science, and Arts Occupations:

Management, business, financial $62,718
Computer, engineering, science $78,952
Education, legal, community service, arts, media $37,258 Healthcare practitioners, technical $74,958
Service Occupations:

Healthcare support $13,759
Protective services (firefighting, law enforcement) $62,277 Food preparation and serving related $15,311
Building/grounds cleaning and maintenance $20,907
Personal care and service $13,721
Sales and Office Occupations:

Sales and related $23,017
Office and administrative support $30,833
Natural Resources, Construction, Maintenance Occupations:

Farming, fishing, forestry $30,787
Construction, extraction $39,438
Installation, maintenance, repair $55,261
Production, Transportation, Material Moving Occupations:

Production operations $43,049
Transportation operations $43,427
Material moving operations $20,378
* civilian employed population 16 years and over
Source: American Community Survey 2013-2018 5-Year Estimates Detailed Tables, Table B24011 The following table compares median household income in Apple Valley and San Bernardino County in 2010 and 2018. Apple Valley’s 2010 median household income was 89.7% of the County’s, and its 2018 median household income was 88.1% of the County’s. During this period, Apple Valley’s median household income increased 5.9% compared to the County’s increase of

7.7%. The data suggest that income growth in Apple Valley is lagging behind that of the County.

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
25 Table 11
Median Household Income
Jurisdiction
Median Household Income
% of County
Median Household
Income
2010 2018
Percent
Increase
2010-2018 2010 2018
Apple Valley $50,066 $53,023 5.9% 89.7% 88.1%
San Bernardino
County $55,845 $60,164 7.7% 100% 100%
Source: American Community Survey 2006-2010 and 2014-2018 5-Year Estimates, Table DP03 Households
As shown in the following table, the number of Apple Valley households increased 2.4% between 2010 and 2018, from 23,598 to 24,161. In 2018, the majority of households (53.4%) consisted of married couple families, followed by non-family households (24.0%), female-headed households with no husband present (16.2%), and male-headed households with no wife present (6.4%).

Table 12
Household Growth Trends
Year
Number of
Households
Numerical
Change
Percent
Change
2010 23,598 --- ---
2018 24,161 563 2.4%
Sources: 2010 U.S. Census, Table P28; American Community Survey 2014- 2018 5-Year Estimates, Table DP02
Table 13
Household Types
Household Type
No. of
Households
% of
Total
Family households:

Married couple family 12,900 53.4%
Male householder, no wife present 1,541 6.4%
Female householder, no husband present 3,908 16.2%
Subtotal 18,349 ---
Non-family households 5,812 24.0%
Total Households 24,161 100.0%
Source: American Community Survey 2014-2018 5-Year Estimates, Table DP02

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
26 EXISTING HOUSING STOCK
Housing Units
Apple Valley’s housing stock includes 27,077 dwelling units, the majority of which (76.8%) are single-family detached units. Other housing types include single-family attached units (3.2%), mobile homes (5.3%), multi-family complexes with 2-4 units (9.3%) and 5 or more units (5.4%).

The total number of units increased by 960 (3.7%) between 2010 and 2020. The vast majority (95.8%) of new units consisted of single-family detached units; 0.5% were single-family attached units; 0.8% were multi-family units 2-4 units; 2.7% were multi-family with 5+ units; and 0.1% were mobile homes.

Table 14
Housing Unit Trends – 2010 and 2020
2010 2020
Unit Type
Number of
Units
% Total
Units
Number of
Units
% Total
Units
Single-Family Detached 19,891 76.2% 20,811 76.8%
Single-Family Attached 851 3.2% 856 3.2%
Multi-Family, 2–4 Units 2,501 9.6% 2,509 9.3%
Multi-Family, 5 or More
Units
1,435 5.5% 1,461 5.4%
Mobile homes 1,439 5.5% 1,440 5.3%
Total 26,117 100.0% 27,077 100.0%
Source: Department of Finance Table E-5, 2010 and 2020.

Residential Building Permits, 2014-2020
The following table summarizes residential building permits issued from 2014 to 2020. A total of 831 permits were issued. The majority (96.6%) were single-family units and had an average value of $146,745 per unit. Accessory Dwelling Units (ADUs) accounted for 2.0% of all permits and had an average value of $51,538 per unit; all ADUs permits were issued in 2017 or later. Multifamily 5+-units accounted for 1.0% of all permits and had an average value of $92,719 per unit.

Multi-family 2-4-units accounted for 0.5% of all permits and had an average value of $98,049 per unit.

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
27 Table 15
Residential Building Permits, 2014-2020
Year
Single-Family
Multi-Family
2-4 Units
Multi-Family
5+ Units
Accessory
Dwelling
Units (ADU) 1
No.
of
Units
Average
Value/Unit
No.
of
Units
Average
Value/Unit
No.
of
Units
Average
Value/Unit
No.
of
Units
Average
Value/Unit
2014 94 $135,571 4 $98,049 0 --- 0 ---
2015 111 $139,365 0 --- 0 --- 0 ---
2016 126 $137,032 0 --- 0 --- 0 ---
2017 172 $142,016 0 --- 8 $92,719 1 $54,630
2018 132 $140,148 0 --- 0 --- 2 $43,383
2019 87 $167,660 0 --- 0 --- 4 $45,322
2020 81 $165,423 0 --- 0 --- 9 $62,818
Total: 803 $146,745 4 $98,049 8 $92,719 16 $51,538 1 includes new and converted ADUs Housing Conditions
The age of Apple Valley’s housing stock can be a key indicator of potential rehabilitation, repair, or demolition needs. An estimated 16,509 housing units (63.2% of all housing units in Apple Valley) were built before 1990 and are, therefore, more than 30 years old. Depending on construction quality and maintenance history, older homes can have problems with inadequate or unsafe mechanical systems and appliances, foundation or roof problems, inefficient windows, the presence of asbestos or lead, or other issues that affect livability and safety.

Table 16
Age of Housing Units
Year Built No. of Units % of Total
Built 2014 or later 220 0.8%
Built 2010 to 2013 385 1.5%
Built 2000 to 2009 4,899 18.8%
Built 1990 to 1999 4,106 15.7%
Built 1980 to 1989 9,550 36.6%
Built 1970 to 1979 4,552 17.4%
Built 1960 to 1969 1,038 4.0%
Built 1950 to 1959 975 3.7%
Built 1940 to 1949 208 0.8%
Built 1939 or earlier 186 0.7%
Total units 26,119 100.0%
Total Built before 1990 16,509 63.2%
Source: American Community Survey 2014-2018 5-Year Estimates, Table DP04

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
28 Another measure of potentially substandard housing is the number of housing units lacking adequate kitchen and plumbing facilities. In Apple Valley in 2018, there were 115 units (0.5% of all units) lacking complete kitchens and 54 units (0.2% of all units) lacking plumbing facilities.

All units with deficiencies were renter-occupied. These homes could potentially benefit from rehabilitation programs.

Table 17
Housing Units Lacking Facilities
Type of Deficiency
Owner-Occupied Units Renter-Occupied Units Total
No.

Total
Units
in
Town
Percent
of Total
Units
No.

Total
Units
in
Town
Percent
of Total
Units
No.

Percent
of Total
Units
Lacking complete
kitchen facilities 0 15,576 0.0% 115 8,585 1.3% 115 0.5% Lacking plumbing
facilities 0 15,576 0.0% 54 8,585 0.6% 54 0.2%
Source: 2014-2018 American Community Survey 5-Year Estimates, Tables B25053 and B25049 In October 2020, the Apple Valley Code Enforcement Department conducted a records search of dwelling units with code violations. As shown in the following table, there were approximately 148 open cases citing structural deficiencies, representing 0.9% of the Town’s housing stock. Most violations were associated with faulty or hazardous electrical systems (34), faulty plumbing systems (26), dampness of habitable rooms (21), and general dilapidation or deterioration of the structure (20). Also noteworthy were 7 dilapidated/dangerous structures due to decay, faulty construction, fire, flood, earthquake, old age, or neglect; 8 structures detrimental to the public health; and 2 substandard structures.

The records search found 329 open cases citing aesthetic and nuisance violations. Most were associated with trash and debris (160), overgrown/dead/decayed vegetation (92), inoperative or abandoned vehicles (40), and fallen or broken fencing (12).

Table 18
Code Enforcement Violations – Open Cases
Type of Violation
No. of
Cases
Structural Deficiencies
Faulty plumbing (illegally installed, unpermitted, faulty or hazardous) 26 Visible mold 5
Faulty or hazardous electrical 34
Dilapidated, damaged, or dangerous structure resulting from decay, damage, faulty construction, fire, wind, earthquake, flood, old age, or neglect (to be repaired or demolished)
7 Structure detrimental to the public health (maintenance in such condition as to be detrimental to the public health, safety, or general welfare) 8

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
29 Table 18
Code Enforcement Violations – Open Cases
Type of Violation
No. of
Cases
Dampness of habitable rooms 21
General dilapidation or deteriorated structure, or improper maintenance (needs repair, replacement, removal, or proper maintenance)
20 Abandoned/unsecured buildings 6
Lack of utilities (gas, electric, water) 2
Improper occupancy (discontinue using portions of the structure for living, sleeping, cooking, or dining purposes that weren’t designed or intended to be used for those occupancies)
1 Substandard building (building shall be maintained in a safe condition) 2 Broken windows 7
Rotted exterior (repair or replace all broken, rotted, split, or buckled exterior wall coverings or roof coverings)
1 Deteriorated roof structure 1
Faulty mechanical equipment 1
Inadequate heating 2
Failed septic 2
Faulty weather protection (paint house facia, trim, and garage area) 2 Aesthetic and Nuisance Violations
Overgrown, dead, decayed, dry, or hazardous vegetation 92 Trash and debris (including appliances, furniture, containers) 160 Excessive vehicles in public view 8
Inoperative or abandoned vehicle(s) 40
Improper fence maintenance (fallen or broken) 12
Metal cargo container prohibited on property 11
Performance standards, maintenance of open areas (all open areas shall be landscaped, surfaced, or treated, and maintained in a dust free and weed free condition, including rockscape)
2 Abandoned and/or broken equipment 3
Improper outdoor storage, no storage on vacant lots (vehicles, garbage, building materials)
1 Source: Open Case Housing Report, Apple Valley Code Enforcement Department, October 2020.

The Code Enforcement Department annually inspects the exteriors of rental housing to help evaluate conditions and identify deficiencies. The Town’s Residential Rehabilitation Loan Program provides no interest deferred HOME loans to improve unsafe living conditions to eligible applicants to assist homeowners and apartment complex owners with home maintenance and repair costs.

During the previous planning period, the Town’s Residential Rehabilitation Loan Program (RRLP) provided 71 deferred loans to very low and low income households to help with health and safety repairs and rehabilitation of their properties. There are currently 98 households on the Town’s waiting list for this program, awaiting funding. Most of these households correlate to the Code Enforcement actions described above. It can therefore be assumed that 150 housing units in Town

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
30 are in need of substantial rehabilitation, and that about 100 of those are occupied by lower income households. In order to address this issue, the Town will maintain its RRLP program, and has committed to assisting 60 very low and 100 low income households throughout the 2022-2029 planning period, as shown in Table 42, and supported in Program 2.A.2.

Vacancy Rates
The housing vacancy rate is the percentage of units that are vacant or unoccupied at a given time.

It is directly related to housing supply and demand; a low vacancy rate means there are more occupied units and can indicate higher housing demand and housing values/costs, while a high vacancy rate can indicate excess housing supply and decreased property values. Units may be considered vacant for several reasons, including if they listed for rent or function as vacation or seasonal homes.

As shown in the following table, 24,161 (92.5%) of all housing units in Apple Valley are occupied.

The remaining 1,958 (7.5%) units are vacant. The largest category of vacant units are those “for rent,” followed by “other vacant” and “for seasonal, recreational, or occasional use.” The homeowner vacancy rate is 1.9%, and the rental vacancy rate is 5.7%.

Table 19
Vacancy Status
Vacancy Status Units
% of
Total
Occupied Units:

Owner-occupied 15,576 59.6%
Renter-occupied 8,585 32.9%
Subtotal 24,161 ---
Vacant Units:

For rent 518 2.0%
Rented, not occupied 41 0.2%
For sale only 300 1.1%
Sold, not occupied 209 0.8%
For seasonal, recreational, or occasional
use
424 1.6%
For migrant workers 0 0.0%
Other vacant 466 1.8%
Subtotal 1,958 ---
Total Units 26,119 100%
Vacancy Rate:

Homeowner vacancy rate 1.9%
Rental vacancy rate 5.7%
Source: American Community Survey 2014-2018 5-Year Estimates, Tables DP04 and B25004

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
31 Housing Costs and Affordability
Home Values
The following table compares median housing values in the Victor Valley region and San Bernardino County in 2013 and 2018. Apple Valley’s median housing value was $171,600 in 2013, the highest of all Victor Valley jurisdictions. It increased to $237,100 in 2018, more than 38% over the 5-year period. This was the lowest percentage increase of all Victor Valley jurisdictions, but the median value remained the highest. In both 2013 and 2018, median housing values in all Victor Valley jurisdictions were substantially lower than those of San Bernardino County as a whole.

Table 20
Regional Median Housing Value Trends, 2013 - 2018
Jurisdiction
Median Value,
owner-occupied units % Change
2013 2018 2013-2018
Victor Valley Region:

Apple Valley $171,600 $237,100 38.2%
Victorville $137,700 $205,300 49.1%
Hesperia $146,200 $219,600 50.2%
Adelanto $95,900 $181,600 89.4%
San Bernardino County $222,300 $305,400 37.4%
Source: American Community Survey 2009-2013 and 2014-2018 5-Year Estimates, Table B25077
A more recent regional study found that, in Apple Valley in 2019 (3rd quarter), the median price was $269,928 for existing homes and $297,500 for new homes.10 Rental Costs
The rental housing market in Apple Valley includes apartments, townhomes, mobile homes, and single-family homes. Table 21 shows median gross rent by number of bedrooms, according to the American Community Survey. Median gross rent is $1,026.

Table 21
Median Gross Rent by Bedrooms
No. of Bedrooms Median Gross Rent*
No bedroom $636
1 bedroom $662
2 bedrooms $925
3 bedrooms $1,236
4 bedrooms $1,389
5+ bedrooms $1,926
Median Gross Rent: $1,026
* estimated, renter-occupied housing units paying cash rent Source: American Community Survey 2014-2018 5-Year
Estimates, Table B25031
10 “Inland Empire Quarterly Economic Report,” Year 31, Economics & Politics, Inc. October 2019.

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
32 Online listings show that current market rental rates are approximately $1,000 for a studio apartment; $900 to $1,400 for a 1-bedroom unit; $900 to $1,600 for a 2-bedroom unit; $1,500 to $1,700 for a 3-bedroom unit; and $1,700 to $2,000 for a 4+-bedroom unit.11 Affordability
Housing costs can represent a major obstacle to housing availability. Federal and State governments offer housing assistance programs and establish maximum income limits for eligibility for those programs, as well as maximum housing costs that can be charged to eligible households.

Income limits for housing assistance programs are established annually on a regional basis by the Department of Housing and Community Development. Table 22 provides the current (2020) income limits for the Town of Apple Valley. The San Bernardino County Area Median Income (AMI) for a 4-person household is $75,300.

Table 22
Income Limits for San Bernardino County, 2020
Income
Category
Number of Persons in Household
1 2 3 4 5 6 7 8
Extremely
Low Income
$15,850 $18,100 $21,720 $26,200 $30,680 $35,160 $39,640 $44,120 Very Low
Income
$26,400 $30,150 $33,900 $37,650 $40,700 $43,700 $46,700 $49,700 Low Income $42,200 $48,200 $54,250 $60,250 $65,100 $69,900 $74,750 $79,500 Median
Income
$52,700 $60,250 $67,750 $75,300 $81,300 $87,350 $93,350 $99,400 Moderate
Income
$63,250 $72,300 $81,300 $90,350 $97,600 $104,800 $112,050 $119,250 Table 23 describes income limits for various household income categories and “affordable” monthly payments for each category, according to definitions set forth in California Health and Safety Code Sections 50052.5 and 50053. Income limits are based on the area median income (AMI) for San Bernardino County for a family of four, which is $75,300 for Fiscal Year 2020. An affordable housing payment is considered no more than 30% of gross household income. 11 Rent.com, accessed September 10, 2020.

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
33 Table 23
Income Categories and Affordable Housing Costs
Income Category1
Annual
Income
Limit2
Maximum
Affordable
Monthly Payment3
Maximum
Affordable Home
Purchase Price4
Extremely Low Income (0-30% of AMI) $26,200 $655 $85,100 Very Low Income (30%-50% of AMI) $37,650 $941 $122,200
Low Income (50%-80% of AMI) $60,250 $1,506 $195,600
Moderate Income (80%-120% of AMI) $90,350 $2,259 $293,400 Above Moderate Income (120%+ of
AMI)
$90,350+ $2,259+ $293,400+
1 AMI = area median income. San Bernardino County median income = $75,300. 2 Based on 4-person household. 3 “Affordable housing cost” for lower-income households is defined as not more than 30% of gross household income with variations. “Housing cost” includes rent or mortgage payments, utilities, property taxes, and insurance on owner-occupied housing. 4 Converts the maximum affordable monthly payment to a home value, assuming 10% down, 15-year fixed loan,

4.0% interest rate, 1.25% taxes and homeowners insurance monthly.

Source: HCD 2020 State Income Limits
Based on the affordable housing guidelines shown in the table above, an affordable monthly housing payment for a low-income family of four ($1,506) exceeds the median gross rent for a 3- bedroom unit in Apple Valley ($1,236). Therefore, rental housing affordability is not considered a barrier for lower income households. As regards homeownership, an affordable home purchase price for a low-income family of four ($195,600) is less than the median housing value in Apple Valley ($269,928). Low-income households could face challenges achieving homeownership, and affordability of ownership units should be an important consideration in Apple Valley. For moderate income households, both the median gross rent for a 3 bedroom apartment ($1,506) and the median home sales price ($269,928) are affordable for a four-person household. Therefore, moderate income households in Apple Valley will be able to find housing in the broader market, without subsidy.

The Town refers residents needing housing affordability assistance to the Housing Authority of the County of San Bernardino (HACSB), which provides HUD Section 8 rental assistance to lower income renters and operates low-income housing projects in Apple Valley. Homeownership assistance loans are also available at the County and State levels (see Existing Affordable Housing Programs, below). The Town Development Code offers density bonuses and other developmentrelated incentives and concessions to encourage the development of affordable housing (see Density Bonuses, below). Additionally, the Town is currently working with the Coachella Valley Housing Coalition on plans for a future 100-unit affordable housing project for low and moderate income households on Navajo Road.

Overpayment
Overpayment is defined as a household paying more than 30% of its gross income toward housing costs. Severe overpayment occurs when a household pays more than 50% of its gross income on housing. The cost burden of overpayment can fall disproportionately on lower-income households and renters.

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
34 The Comprehensive Housing Affordability Strategy (CHAS) database, provided by HUD and based on U.S. Census American Community Survey data, describes the number of households, by income level, that are experiencing housing cost burdens. The latest CHAS data for the 2013-2017 period for Apple Valley are shown in the following table. Of all owner households, 30.8% are overpaying for housing and 13.1% are severely overpaying. Of lower-income owner households,

61.0% are overpaying and 32.5% are severely overpaying.

More renter households than owner households are overpaying and severely overpaying. Of all renter households, 51.5% are overpaying and 27.0% are severely overpaying. Of lower-income renter households, 76.7% are overpaying and 43.0% are severely overpaying.

Table 24
Overpayment by Income Level
Income Category1
Owners Renters
Households Percent Households Percent
Household Income less than or = 30%
HAMFI: 910 1,840
Households overpaying 760 83.5% 1,575 85.6%
Households severely overpaying 645 70.9% 1,380 75.0%
Household Income >30% to less than or =
50% HAMFI: 1,480 1,680
Households overpaying 950 64.2% 1,535 91.4%
Households severely overpaying 520 35.1% 695 41.4%
Household Income >50% to less than or =
80% HAMFI: 2,945 1,730
Households overpaying 1,540 52.3% 915 52.9%
Households severely overpaying 570 19.4% 185 10.7%
Subtotal: All lower-income households 5,335 5,250
Subtotal: All lower-income HH
overpaying 3,250 61.0% 4,025 76.7%
Subtotal: All lower-income HH severely
overpaying 1,735 32.5% 2,260 43.0%
Household Income >80% to less than or =
100% HAMFI: 1,765 610
Households overpaying 705 39.9% 110 18.0%
Households severely overpaying 255 14.4% 0 0.0%
Household Income >100% HAMFI: 8,390 2,550
Households overpaying 815 9.7% 200 7.8%
Households severely overpaying 45 0.5% 10 0.4%
Total Households 15,490 8,410
Total Households Overpaying 4,770 30.8% 4,335 51.5%
Total Households Severely Overpaying 2,035 13.1% 2,270 27.0% 1 HAMFI = HUD Area Median Family Income “Overpaying” is defined as spending >30% of gross household income on housing costs. “Severely overpaying” is defined as spending >50% of gross household income on housing costs.

Source: U.S. Dept. of Housing and Urban Development, CHAS data for Apple Valley, based on 2013-2017 ACS.

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
35 The Town’s Residential Rehabilitation Loan Program and the County Housing Authority’s (HACSB) Tenant-Based Voucher Program and public housing supply can help reduce the burdens of overpayment for lower income households (see Existing Affordable Housing Programs, below).

Extremely Low-Income Households
Extremely low-income (ELI) households are a subset of the very low-income household category and are defined by HCD as those with incomes less than 30% of the area median income (AMI).

The AMI for a 4-person household in San Bernardino County is $75,300. ELI household incomes are defined by HCD and HUD as those earning less than $26,200.12 Many ELI households receive public assistance, such as Social Security insurance, and have a variety of housing needs.

Existing Needs
According to the latest CHAS data, 2,750 households (11.5% of total households) in Apple Valley are considered extremely low-income. Most (67%) ELI households are renters. More than 85% experience housing problems, including incomplete kitchen and plumbing facilities, overcrowding, and/or cost burden greater than 30% of income (overpayment). Nearly 85% are in overpayment situations, and 73.6% are in severe overpayment situations in which housing costs are greater than 50% of household income.

Table 25
Housing Problems for Extremely Low-Income Households
Owners Renters Total
Total Number of ELI Households 910 1,840 2,750
Percent with any housing problems* 85.7% 85.6% 85.6%
Percent with Cost Burden >30% of income 83.5% 85.6% 84.9% Percent with Cost Burden >50% of income 70.9% 75.0% 73.6% Total Number of Households 15,490 8,410 23,900
* housing problems include incomplete kitchen facilities, incomplete plumbing facilities, more than 1 person per room (overcrowding), and cost burden greater than 30% of income.

Source: U.S. Department of Housing and Urban Development, CHAS data for Apple Valley, based on the 2013-2017 ACS.

Projected Needs
To calculate projected housing needs, the Town assumed 50% of its very low income regional housing need assessment (RHNA) are extremely low income households. From its very low income need of 1,086 units, the Town has a projected need of 543 units for extremely low income households.

Housing types that are suitable for ELI households include rent-restricted affordable units, housing with supportive services, single-room occupancy units, accessory dwelling units, group quarters, and housing with rent subsidies (vouchers). The Housing Authority of the County of San Bernardino (HACSB) manages public housing units and operates the Tenant-Based Voucher 12 Per HUD, the Extremely Low Income (ELI) income limit is the greater of either: 1) 60% of Very Low Income limit ($37,650), which equals $22,590, or 2) poverty guideline established by Dept. of Health and Human Services (HHS), which equals $26,200.

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
36 Rental Assistance Program in Apple Valley. Additionally, the Town’s Development Code supports the development of accessory dwelling units, single-room occupancy units, supportive and transitional housing, and group homes (see Zoning for a Variety of Housing Types, below).

Overcrowding
Residential overcrowding has been associated with a higher prevalence of infectious disease, stress, sleep disorders, and other mental health problems, as well as lower educational achievement and vulnerability to homelessness. Overcrowding can indicate an imbalance between housing affordability and income and typically affects renters more than homeowners.

Overcrowding is defined by the U.S. Census as a housing unit with more than one person per room (excluding kitchens, bathrooms, hallways, etc.). According to this definition, Apple Valley has 942 overcrowded housing units, which represents 3.9% of the total 24,161 occupied units in the Town. Of overcrowded units, 72.1% are renter-occupied units and 27.9% are owner-occupied units.

Severely overcrowded units have more than 1.5 persons per room and are a subset of overcrowded units. Approximately 19.3% of all overcrowded units in Apple Valley are severely overcrowded.

About 66.5% of them are rental-occupied units, and 33.5% are owner-occupied units.

Table 26
Overcrowding
Persons Per Room
OwnerOccupied UnitsRenterOccupied Units Total
% of
Total

1.01 to 1.50 202 558 760 80.7%

1.51 to 2.00 32 96 128 13.6%

2.01 or more 29 25 54 5.7%
Total Overcrowded 263 679 942 100.0%
% Overcrowded by Tenure 27.9% 72.1% --- ---
Total Severely Overcrowded 61 121 182 19.3%
% Severely Overcrowded by
Tenure

33.5% 66.5% --- ---
Source: American Community Survey 2014-2018 5-Year Estimates, Table B25014 Apple Valley’s Development Code allows the development of accessory dwelling units (ADUs) and junior ADUs that provide additional living facilities for one or more persons on lots with a primary residence. ADUs can help alleviate overcrowding in owner-occupied units.

Publicly Supported Housing
Apple Valley does not have any publicly supported housing units at this time.

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
37 SPECIAL POPULATIONS
Seniors
Senior residents ages 65 and older are considered a special population because they typically live on fixed or limited incomes, have an increased incidence of physical and memory impairments that can adversely affect independent living, and have higher health care costs. Potential housing problems can include lack of accessibility or independent living support services, lack of affordability, lack of transportation options, and inconvenient distance to appropriate health care facilities.

As shown in the following table, 7,433 households (30.8% of all households) in Apple Valley are 65 years or older. Senior households make up 39.3% of all owner-occupied households, and 15.3% of all renter-occupied households.

Table 27
Senior Households by Tenure
Householder Age
Owner-Occupied Renter-Occupied
Households % Households %1
Non-Senior Households
Under 65 years 9,455 60.7% 7,273 84.7%
Senior Households
65 to 74 years 3,720 23.9% 793 9.2%
75 to 84 years 1,761 11.3% 362 4.2%
85 years and over 640 4.1% 157 1.8%
Subtotal, Senior Households 6,121 39.3% 1,312 15.3%
Total Households 15,576 100.0% 8,585 100.0%
Source: American Community Survey 2014-2018 5-Year Estimates, Table B25007 1 differences due to rounding According to the American Community Survey, an estimated 974 seniors have incomes below the poverty level, which represents 7.8% of all seniors in Apple Valley. The 2020 federal poverty guideline for one person is $12,760. The major source of income for most seniors is Social Security, and the average Social Security monthly benefit is $1,503.13 Therefore, a single senior paying 30% of their monthly Social Security income on housing costs would pay $451 toward housing costs. However, median rent for a one-bedroom unit in Apple Valley is $662. A twoperson senior household would have $902 available for housing costs, but median rent for a 2- bedroom unit is $925. Therefore, Social Security alone cannot adequately cover affordable housing costs.
13 Social Security Administration Fact Sheet, December 2019 Beneficiary Data.

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
38 Table 28
Senior Incomes Below the Poverty Level
Age Group
Income in Past 12 Months
Below Poverty Level
No. of Residents
65 to 74 years 550
75 years and over 424
Total 974
Source: 2014-2018 ACS 5-Year Estimates, Table B17001
Numerous senior support services are provided by various organizations, including those listed in the following table. Privately operated assisted living facilities and home care service providers also operated in Apple Valley and the broader Victor Valley.

Table 29
Senior Resources
Organization Services Provided
Assisted living and home care providers
(various private providers)
Housing, personal care, health care, housekeeping, meals Apple Valley Senior Citizen’s Club Physical fitness programs, social events, games, classes, meals, thrift shop
Inland Counties Legal Services Non-profit legal assistance for seniors, low-income residents, veterans, residents with disabilities
San Bernardino County Department of
Aging and Adult Services
In-home supportive services, nutrition and meal services, employment programs, long-term care ombudsmen,
advocacy
Food Banks Several in Apple Valley and throughout Victor Valley St. Mary Medical Center Senior Select Program, health education classes, social events, support groups, driving classes
Salvation Army Food distribution, thrift stores, community support Victor Valley Community Services
Council
No-cost non-emergency transportation for low-moderate
income seniors, veterinary care for the pets of seniors, home repairs and ADA modifications
Victor Valley Transit Authority TRIP mileage reimbursement service, travel training, ADA paratransit service
Housing types considered appropriate for seniors include apartments, townhomes, duplexes, second units (granny flats), congregate housing with group dining facilities and support services, and assisted living facilities. The Apple Valley Development Code allows residential development at a range of densities, as well as accessory dwelling units (ADUs), group homes, residential care facilities, single-room occupancy units, and manufactured housing, all of which can serve the needs of seniors. The Development Code encourages development of senior housing by offering flexibility in off-street parking requirements where the need is demonstrated. The Town’s Residential Rehabilitation Loan Program can help lower income seniors improve their living conditions and install ADA improvements, if needed. The Town is currently working with the Coachella Valley Housing Coalition on plans for the development of a 100-unit affordable housing project on Navajo Road.

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
39 People with Disabilities
A “disability” is a physical or mental impairment that substantially limits one of more major life activities. A “developmental disability” is defined as a disability that originates before an individual attains 18 years of age; continues, or can be expected to continue indefinitely; and constitutes a substantial disability for that individual.14 Developmental disabilities include intellectual disabilities, cerebral palsy, epilepsy, autism, and related conditions.

People with disabilities can face unique housing challenges, including lack of affordable units due to fixed or limited incomes, lack of accessible design features such as barrier-free access, lack of in-home supportive medical services, and lack of transportation options and proximity to medical facilities.

According to the American Community Survey, there are 11,804 civilian non-institutionalized residents with a disability in Apple Valley (16.3% of the population). Individuals may be affected by one or more types of disability. Table 30 describes the number and types of disabilities affecting the population, by age group. As shown, there are 23,650 disabilities affecting the population. The most affected age groups are 18 to 64 years (49.1%) and 65 years and over (46.5%). The most prevalent disability types are ambulatory difficulties (27.5%) and independent living difficulties (19.5%).
14 California Welfare and Institutions Code Section 4512(a).

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
40 Table 30
Disabilities by Age and Type
Disability by Age and Type Number of
Disabilities
% of Total
Disabilities
Under Age 18 years
With a hearing difficulty 41 0.2%
With a vision difficulty 162 0.7%
With a cognitive difficulty 537 2.3%
With an ambulatory difficulty 22 0.1%
With a self-care difficulty 262 1.1%
With an independent living
difficulty
* *
Subtotal 1,024 4.4%
Age 18 to 64 years
With a hearing difficulty 1,387 5.8%
With a vision difficulty 966 4.1%
With a cognitive difficulty 2,217 9.4%
With an ambulatory difficulty 3,247 13.7%
With a self-care difficulty 1,226 5.2%
With an independent living
difficulty 2,571 10.9%
Subtotal 11,614 49.1%
Age 65 years and over
With a hearing difficulty 2,287 9.7%
With a vision difficulty 792 3.3%
With a cognitive difficulty 1,328 5.6%
With an ambulatory difficulty 3,247 13.7%
With a self-care difficulty 1,316 5.6%
With an independent living
difficulty 2,042 8.6%
Subtotal 11,012 46.5%
Total Number of Disabilities 23,650 100.0%
Total Civilian Non-Institutionalized
Population with a Disability 11,804
Source: American Community Survey 2014-2018 5-Year Estimates, Table S1810 * data not provided
A variety of support services are available to Apple Valley residents with disabilities:
• The Inland Regional Center (IRC) provides support to people with intellectual disabilities, autism, cerebral palsy, and epilepsy, including day programs, independent and supported living services, family support, educational advocacy, and employment assistance. It serves clients in San Bernardino and Riverside Counties. IRC currently (2021) serves 892 clients who are Apple Valley residents.

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
41 • The San Bernardino County Department of Aging and Adult Services provides case management, social engagement, outreach services, meal programs, and in-home support services for adults with disabilities. Services include aging-in-place strategies to help residents live safely and independently in their own homes.
• B.E.S.T. Opportunities promotes independence of adults with developmental disabilities from locations in Apple Valley, Hesperia, and Barstow. Its Adult Development Center helps developmentally disabled adults develop social, daily living, vocational, physical education, and academic skills, and organizes community outings, such as visits to local libraries, museums, and grocery stores. It also operates a supported group employment program. • The Lincoln Training Center provides employment opportunities and job skills training for adults with disabilities and service-disabled veterans. Its local office is on Town Center Drive in Apple Valley.
• The Victor Valley Transit Authority offers complementary paratransit services for all fixed routes and a travel training program. Its TRIP program reimburses volunteer drivers who assist eligible disabled or senior individuals who are unable to drive or access public transportation. • The Victor Valley Community Services Council offers no-cost non-emergency transportation for low-moderate income seniors or disabled persons.

Housing types that can accommodate people with disabilities include wheelchair accessible units, such as ground floor or single-story units with lowered countertops, roll-in showers, and widened doorways. For those with independent living difficulties, group homes or units with onsite residential assistance may be required for support with housekeeping, medication management, shopping, or transportation. Those with severe disabilities may require intensive 24-hour medical care. Housing affordability is a major concern as many disabled individuals have limited abilities to work and live on fixed or limited incomes.

Fair Housing Accessibility Standards and California Administrative Code Title 24 set forth access and adaptability requirements for individuals with disabilities. In addition, the Town’s Residential Rehabilitation Program, which provides no interest deferred loans up to $25,000 per qualifying household, can be used for ADA improvements. The Apple Valley Development Code provides for the development of single-room occupancy facilities, group homes, residential care facilities, and supportive and transitional housing that can serve the housing needs of individuals with disabilities. Handicapped residential care facilities are permitted in all residential districts, including M-U. Section 9.29.190 of the Development Code addresses Reasonable Accommodations and the process for disabled individuals to request modifications for adaptive features in housing.

Large Households
Large households are defined as those with 5 or more people. Large households can have difficulty finding affordable housing with sufficient bedrooms, which can lead to overcrowding and severe overcrowding.

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
42 As shown in the following table, there are 3,391 large households in Apple Valley, or 14% of all households. Of all large households 1,992 (58.7%) are owners, and 1,399 (41.3%) are renters.

Table 31
Household Size by Tenure
Household Size
Owner-Occupied
Units
Renter-Occupied
Units
Number Percent Number Percent
1 person 2,888 18.5% 1,847 21.5%
2 persons 6,324 40.6% 2,182 25.4%
3 persons 2,431 15.6% 1,563 18.2%
4 persons 1,941 12.5% 1,594 18.6%
5 persons 959 6.2% 751 8.7%
6 persons 638 4.1% 418 4.9%
7 persons or more 395 2.5% 230 2.7%
Total Households 15,576 100.0% 8,585 100.0%
Total Households with 5+
Persons 1,992 12.8% 1,399 16.3%
Source: American Community Survey 2014-2018 5-Year Estimates, Table B25009 To avoid overcrowding, suitable housing products for large families include those with 4 or more bedrooms. As shown in the Table below, there are 5,512 large (4+ bedrooms) owner-occupied units and 1,992 large (5+ persons) owner households in Apple Valley. Supply exceeds demand and, therefore, the number of large units for ownership is considered sufficient to meet the need.

However, as regards rental units, there are 1,048 large (4+ bedrooms) rental units and 1,399 large (5+ persons) renter households. The demand for large rental units exceeds the supply, and the lack of larger rental units could contribute to overcrowding.

The Development Code allows Accessory Dwelling Units (ADUs) and junior ADUs which can provide additional living facilities for larger families. Additional programs that assist large families with homeownership could be beneficial. Reduced parking standards for units with 5 or more bedrooms may also incentivize development of new large rental units. Proximity to childcare facilities, schools, recreational areas, and public transit should be considered when developing for large families.

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
43 Table 32
Number of Bedrooms by Tenure
No. of Bedrooms
Owner-Occupied
Units
Renter-Occupied
Units
Total
Occupied Units
Number Percent* Number Percent* Number Percent
0 bedrooms 65 0.4% 183 2.1% 248 1.0%
1 bedroom 126 0.8% 334 3.9% 460 1.9%
2 bedrooms 2,121 13.6% 4,247 49.5% 6,368 26.4%
3 bedrooms 7,752 49.8% 2,773 32.3% 10,525 43.6%
4 bedrooms 4,549 29.2% 910 10.6% 5,459 22.6%
5+ bedrooms 963 6.2% 138 1.6% 1,101 4.5%
Total 15,576 100.0% 8,585 100.0% 24,161 100.0%
Total Units with 4+
bedrooms 5,512 --- 1,048 --- 6,560 ---
* differences due to rounding
Source: 2014-2018 American Community Survey 5-Year Estimates, Table B25042 Female-Headed Households
Female-headed households generally have lower incomes, higher rates of poverty, and lower home ownership rates. Income constraints can result in overpayment and severe overpayment, in which housing costs exceed 30% or 50%, respectively, of household income.

As shown in Table 33, there are 5,449 single-parent-headed family households in Apple Valley, or 22.6% of all households. Male-headed family households comprise 6.4% of all households, and female-headed family households comprise 16.2%. As shown in the following table, there are 3,908 female-headed family households in Apple Valley. Approximately 45% of the femaleheaded households have children under age 18, and 50% of all families with incomes below the poverty level are female-headed households.

Table 33
Female-Headed Household Characteristics
Number Percent
Total Households 24,161 100.0%
Female-Headed Households 3,908 16.2%
Female-Headed Households with own children under 18 1,769 --- Female-Headed Households without children under 18 2,139 --- Total Families, Income in the Past 12 Months Below Poverty Level 2,432 100.0% Female Householders, Income in the Past 12 Months Below Poverty Level 1,217 50.0% Source: 2014-2018 American Community Survey 5-Year Estimates, Table DP02; 2018 ACS Supplemental Estimates Detailed Tables, Table K201703
Primary housing needs for this special population include affordability and units of appropriate size for the age and gender mix of children. Other considerations include proximity to schools, childcare facilities, recreation areas, and other family services and amenities. Flexible educational programs and job training services can help householders obtain higher paying jobs.

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
44 Section 8 housing programs are available to qualifying residents, including female heads of households. The Town’s Residential Rehabilitation Loan Program (RRLP) is also available for qualified homeowners for the purpose of addressing health and safety code violations, deferred maintenance, and other improvements. During the 2014-2021 planning period, approximately 29 RRLP applicants were female heads of household.

Homeless Persons
People experiencing homelessness need short-term or long-term shelter. Homelessness can have a variety of causes, including a lack of affordable housing in the community, unemployment or reduction in work hours, illness, disability, mental illness, and substance abuse, among others.

The Homeless Point-In-Time (PIT) Count is a federally mandated annual count of homeless individuals used to evaluate the extent of homelessness. The data provide a snapshot of homelessness on a particular date and time. As shown in the following table, according to annual San Bernardino County PIT Counts conducted between 2015 and 2020, the number of homeless individuals counted in Apple Valley ranged from 17 to 45. Fluctuations could be due, in part, to changing survey methods, such as increased coverage by more survey volunteers. However, the data are believed to reflect actual conditions to the extent possible.

Table 34
Apple Valley
Homelessness Trends
Year
No. of Homeless
Individuals
2015 22
2016 45
2017 28
2018 17
2019 23
2020 31
Source: San Bernardino County
PIT Counts 2015-2020.

The 2020 PIT Count determined there were 31 homeless individuals in Apple Valley on January 23, 2020.15 Of these, twenty-four (24) were “unsheltered” without a regular or adequate nighttime residence, and seven (7) were “sheltered” in emergency shelters, transitional housing programs, safe haven programs, or hotels/motels as a result of a voucher program from a social service agency. This represents 1% of all 3,125 homeless individuals counted in San Bernardino County.

The number of homeless persons in neighboring jurisdictions totaled 451 in Victorville, 32 in Hesperia, and 24 in Adelanto.
15 2020 San Bernardino County Homeless Count and Subpopulation Survey Final Report, San Bernardino Homeless Partnership, page 7.

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
45 Twenty unsheltered people in Apple Valley were interviewed as part of the 2020 PIT Count. The results found that most were white (60%), non-Hispanic (90%), male (70%), and adults between 25 and 39 years old (45%).

Table 35
Characteristics of Unsheltered
Homeless Persons in Apple Valley
Number
Percent of
Total
Race
American Indian 2 10.0%
Asian 0 0.0%
Black or African American 4 20.0%
Native Hawaiian of Pacific Islander 0 0.0%
White 12 60.0%
Multiple Races or Other 2 10.0%
Unknown Race 0 0.0%
Ethnicity
Hispanic 2 10.0%
Non-Hispanic 18 90.0%
Gender
Male 14 70.0%
Female 6 30.0%
Transgender 0 0.0%
Gender Non-Conforming 0 0.0%
Don’t Know or No Recorded Answer 0 0.0%
Age
18 to 24 4 20.0%
25 to 39 9 45.0%
40 to 49 4 20.0%
50 to 54 0 0.0%
55 to 61 2 10.0%
62+ 1 5.0%
TOTAL INDIVIDUALS SURVEYED = 20
Notes: Data represents unsheltered individuals. Only adults and unaccompanied teenage children who were counted were surveyed; accompanied children in families were not.

Source: 2020 San Bernardino County Homeless Count and
Subpopulation Survey Final Report, San Bernardino Homeless Partnership, page 46.

Particularly sensitive homeless subpopulations include veterans, the chronically homeless, those with mental health conditions and physical disabilities, victims of domestic violence, and others.

Of the 20 unsheltered individuals interviewed in Apple Valley, the most prevalent characteristics were: 1) release from correctional institutions during the past year (70%); 2) no monthly income (60%); 3) chronically homeless (40%); 4) homelessness for the first time during the past 12 months (40%); and 5) physical disability that seriously limits the ability to live independently (30%).

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
46 Table 36
Unsheltered Homeless Subpopulations
Subpopulation Number1
Percent of
Total
Homeless for the First Time During Past 12 Months 8 40.0% Chronically Homeless 8 40.0%
Veteran 1 5.0%
Chronic Health Condition That is Life-Threatening, such as Heart, Lung, Liver, Kidney, or Cancerous Disease
5 25.0%
HIV/AIDS 0 0.0%
Physical Disability that Seriously Limits Ability to Live Independently 6 30.0% Developmental Disability 1 5.0%
Mental Health Disability or Disorder that Seriously Limits Ability to Live Independently
3 15.0%
Substance Use Problem Disability or Disorder that Seriously Limits Ability to Live Independently
5 25.0%
Victim of Domestic Violence (experiencing homelessness because of fleeing domestic violence, dating violence, sexual assault, or stalking) 1 5.0%
Released from Correctional Institutions During Past Year 14 70.0% Monthly Income:

No Monthly Income 12 60.0%
$1 - $250 5 25.0%
$251 - $500 0 0.0%
$501 - $1,000 2 10.0%
More Than $1,000 1 5.0%
No Recorded Answer 0 0.0% 1 Results of interviews with 20 homeless individuals. Actual numbers may be higher as 4 individuals were not interviewed.

Source: 2020 San Bernardino County Homeless Count and Subpopulation Survey Final Report, San Bernardino Homeless Partnership, page 46-47.

Emergency, transitional, and supportive housing facilities and services can serve some of the shortand long-term needs of homeless individuals. Emergency shelters provide temporary shelter, often with minimal supportive services. Supportive housing is linked to support services intended to improve the individual’s ability to independently live and work in the community. Transitional housing is provided with financial assistance and support services to help homeless people achieve independent living within 24 months. Supportive and transitional housing are often in apartmentstyle units.

Numerous organizations in the Victor Valley provide facilities and services for homeless people and those at risk for homelessness. Services include emergency and transitional housing, food pantries and meal services, clothing and toiletry products, educational and job training programs, and financial assistance for rent and utilities, among others. Some organizations focus on serving special populations, such as veterans, at-risk youth and young adults, and victims of domestic violence.

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
47 Table 37
Victor Valley Homelessness Resources
Organization Services Provided
A Better Way Domestic Violence Shelter
& Outreach
Shelter, education, advocacy for victims of domestic
violence and their children
Catholic Charities (Victorville) Temporary shelter, food pantries, food and housing vouchers, rent and utility assistance
Desert Communities United Way Supportive food and educational services for children and families
Family Assistance Program (Victorville):

Hope House
24-bed facility serving victims of domestic violence
Family Assistance Program (Victorville):

Next Step
Transitional housing for females on probation
Family Assistance Program (Victorville):

Our House
Emergency shelter for youth ages 11-17
Feed My Sheep of the Desert (Apple
Valley, Hesperia, Victorville)
Food bank
High Desert Homeless Services
(Victorville)
Emergency shelter, transitional housing, rapid re-housing Meals, clothing, education and employment assistance,
thrift store
High Desert Second Chance (Hesperia) Food, clothing, job assistance, medical benefit assistance San Bernardino County Housing Authority Rental assistance for low-income families Life Community Development (Adelanto) Per diem transitional housing for veterans, supportive services , job skills, education assistance
Molding Hearts (Apple Valley) Meals for underserved children, housing, job assistance Moses House Ministries (Victorville) Family supportive services, parenting classes, baby supplies, employment development
Rose of Sharon Pregnancy Resource
Center (Victorville)
Pregnancy support, parenting education, baby supplies
Salvation Army (Victorville) Emergency shelter, food, housing and utility assistance Samaritan’s Helping Hand (Victorville) Transitional housing, motel vouchers for veterans or families with a minor under age 18
San Bernardino County Sheriff’s
Department
Homeless Outreach and Proactive Enforcement (HOPE)
program to help homeless people transition from
homelessness and reduce homeless related crime.

Connects homeless people with resources, service
providers, and points of contact at each sheriff’s station.

Victor Valley Family Resource Center
(Hesperia)
Emergency shelter, Transitional housing, Rapid Rehousing, case management for those experiencing a lifealtering event such as addition or incarceration, meals, job training, substance abuse services, education assistance Victor Valley Rescue Mission Emergency shelter, food pantry, meals, clothing assistance, recovery program, vocational training

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
48 To help prevent homelessness and protect people at risk of homelessness, Apple Valley participates in the San Bernardino County Continuum of Care (CoC) System and the San Bernardino County Homeless Partnership. The CoC provides emergency shelter, supportive services, transitional housing, permanent housing, and a network of resources and services to assist the homeless. The Apple Valley/Victorville Consortium works closely with the Homeless Provider Network (HPN) to advocate for the homeless and those at risk of becoming homeless, and the Homeless Outreach and Proactive Enforcement (H.O.P.E.) program operated by the San Bernardino County Sheriff’s Department that connects the homeless population with resources and services to reduce homeless related crimes. Through the CDBG program, the Town contributes funding to local non-profit organizations, including High Desert Homeless Services, Family Assistance Program, Victor Valley Community Services Council, and Cedar House.

The Town’s Development Code allows supportive and transitional housing in all residential districts, including M-U, subject to approval of a Conditional Use Permit (CUP); they are also permitted in the I-P district. Emergency housing for the homeless is permitted without discretion in the I-P district, and with a Special Use Permit in the C-S district. As described in the Land Use Element, there are 624 acres of vacant I-P land in Town, all of which is located on major roadways and distributed in the central and northern areas of Town. There are 179 acres of vacant C-S land in Town, all of which is located immediately north or south of the Highway 18 corridor. Parcel sizes range from 1 to over 100 acres, and would allow a broad range of building sizes. The development standards in the I-P zone have no side yard setbacks, 25 foot front yard setbacks, and a 100 foot building height. There is no limit to floor area ratio in this zone, thereby allowing up to 100% building coverage. The development standards do not pose a constraint to the development of emergency shelters. The Town’s parking standards do not include emergency shelter standards.

Program 1.I.2 includes a requirement to modify the Development Code to require parking for only employees for emergency shelters.

In 2020, the Town applied for the Permanent Local Housing Allocation (PLHA) grant through the State of California. The Town will receive $287,561 every year for 5 years and will partner with the City of Victorville to develop a Wellness and Recuperative Center in Victorville focusing on homelessness and transitional housing.

Farmworkers
Although some agricultural production occurs in the Victor Valley, most agricultural land and farmworker housing is located outside of Apple Valley. The Town’s General Plan and zoning maps do not designate land for agricultural uses, and there are no zoning policies or restrictions specific to farms or farmworker housing.

According to the American Community Survey, 154 Apple Valley residents were employed in the “agriculture, forestry, fishing, hunting, mining” industry in 2018, which represents 0.6% of the Town’s civilian employed work force.16 Farm worker households generally fall into low and very low income categories. As with all special needs, Apple Valley provides the opportunity for farm worker households to obtain rental subsidies and provides incentives for developers to maintain affordable units that are available to all segments of the population. 16 American Community Survey 2014-2018 5-Year Estimates, Table S2405.

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
49 EXISTING AFFORDABLE HOUSING PROGRAMS
This section of the Housing Element addresses programs currently available in Apple Valley and the region relating to affordable housing. The Community Development Department operates programs and strategies for affordable housing in Apple Valley.

Town Programs
The Town receives federal block grant funding through two programs:
1) HOME Investment Partnership funds can be used for housing activities that serve lower income residents, and
2) Community Development Block Grant (CDBG) funds can be used for certain activities that serve lower income residents.

The Town administers the HOME program for itself and the City of Victorville through the Apple Valley/Victorville HOME Consortium. The Annual Action Plan and Consolidated Annual Performance Evaluation Report (CAPER) identify overall housing and community development needs and provide a strategy to address those needs.

Residential Rehabilitation Loan Program
Under the Residential Rehabilitation Loan Program (RRLP), the Town provides no interest deferred loans to improve unsafe living conditions or correct code violations in owner-occupied single-family (up to 4 units) homes of very low and low income households. Loans can also be used for ADA improvements, energy conservation upgrades, and repairs necessary for deferred maintenance. The maximum amount available per household is $50,000 although the program director can approve larger loans if health and safety improvements exceed the limit. Currently, eligible properties cannot be valued higher than $319,000. Monies for this program are funded through CDBG and HOME sources. The Town’s Code Enforcement Department actively markets and distributes flyers to residents needing assistance.

During the 2014-2021 planning period, the Town approved 71 RRLP loans. There are currently (2020) 98 households on the waiting list.

Down Payment Assistance Program
Through the Down Payment Assistant Program, the Town can provide very low and low-income households with deferred loans toward the purchase of a home within Town limits. Monies for this program are funded through CDBG, HOME, CalHOME and NSP3 funding sources. The program is included in the Town’s 5-Year Consolidated Plan but has been inactive since 2014, and no loans were approved during the 2014-2021 planning cycle. With possible program income, the Town would re-activate the program for limited use.

Tenant Based Rental Assistance
The Tenant Based Rental Assistance program is approved in the Town’s annual Action Plan; however, it is currently inactive. The Consortium may allocate HOME funds toward rental assistance programs for very low and low income renters within the Town.

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
50 Emergency Rental Assistance Program
In 2020, the Town operated an Emergency Rental Assistance Program to assist eligible residents whose incomes were adversely affected by the Covid-19 pandemic by job loss, furlough, or reduction of hours. The program provides 2 months security deposit or 3 months of rent and utility bills.

County, State, and Federal Programs
County, State and federal programs available to the Town are described below.

Section 8 Housing Assistance
The Housing Authority of the County of San Bernardino (HACSB) provides HUD Section 8 rental assistance to eligible lower income renters within the Town. The Tenant-Based Voucher Rental Assistance Program (also known as the Housing Choice Voucher Program) allows households to lease a home of their choice from a landlord that partners with HACSB in the regular rental market, and the Project-Based Voucher Program provides assistance to households living in specific housing sites. In Apple Valley in 2019, there were 315 participants in the Tenant-Based Voucher Program, 1 public housing unit owned and managed by HACSB, 7 Housing Authority-owned units, and 59 units developed in partnership with and under the property portfolio of Housing Partners I, Inc., a nonprofit organization.17
County Homeownership Assistance Program
The Housing Authority of San Bernardino County (HACSB) operates a mortgage assistance program for low and moderate income households that have participated in an eligible Housing Authority affordable housing and rental assistance program for at least one year. The program allows the County to provide low interest mortgages to eligible households.

County Multifamily Rental Housing Revenue Bond Program
The San Bernardino County Community Development and Housing Department operates a Multifamily Residential Rental Housing Revenue Bond (HRB) program for new construction, acquisition, and/or rehabilitation of multifamily housing developments. After initial financing is provided, some units must remain affordable to eligible low income households for a specified time frame.

CalHFA First Mortgage Loan Programs
The California Housing Finance Agency (CalHFA) offers a variety of loan programs for low and moderate income first time homebuyers who secure a CalHFA 30-year fixed mortgage.

CalFHA Downpayment Assistance Program
Moderate income households may receive a deferred loan of up to the lesser of 3.5% of the purchase price or appraised value of a home, to be applied to the down payment and/or the closing costs for the residence, with a cap of $10,000, when funds are available. 17 Housing Authority of the County of San Bernardino Annual Report 2019, pages 12-13.

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
51 HomeChoice Program
This State program provides disabled low and moderate income households with a low-interest 30-year mortgage for a first time home.

California Low-Income Housing Tax Credit Program
This competitive State program provides tax credits to private sector developers who provide affordable rental units within their projects. The units can consist of all or part of a project, and must meet certain specified criteria. Units must be restricted for a period of at least 55 years.

FAIR HOUSING
In January 2017, Assembly Bill 686 (AB 686) introduced an obligation to affirmatively further fair housing (AFFH) into California state law. AB 686 requires the Town to certify that it will affirmatively further fair housing by taking meaningful actions to overcome patterns of segregation and foster inclusive communities. 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 Town’s fair housing enforcement and outreach capacity;
• An analysis of segregation patterns and disparities in access to opportunities; • An assessment of contributing factors; and
• An identification of fair housing goals and actions.

The Town prepared an Assessment of Fair Housing (AFH) in 2016/2017 as part of its participation in the Apple Valley/Victorville HOME Consortium, a partnership between the Town of Apple Valley and City of Victorville established for the purpose of obtaining federal HOME fund entitlement status. The AFH analyzed local (Apple Valley, Victorville) and regional (Riverside/San Bernardino/Ontario) fair housing trends from 1990 to 2016.

In addition, a Regional Assessment of Fair Housing was prepared by the San Bernardino County Transportation Authority (SBCTA, 2021) to assist member jurisdictions in planning and implementing fair housing goals to comply with AB 686 and affirmatively further fair housing.

The Regional Assessment includes a high-level analysis of the fair housing issues in San Bernardino County and each subregion of the County, which includes the High Desert region where Apple Valley is located.

The full text of the Affirmatively Furthering Fair Housing (AFFH) analysis, including the Assessment of Fair Housing, is provided in Appendix B of this Housing Element. Overall, the AFFH analysis found that the Town is committed to continued implementation of fair housing practices. The inventory of land suitable and available for future housing development includes parcels that are distributed throughout the community to help foster integrated living patterns (see Land Inventory, below). A schedule of policies and programs for continuing these efforts through the 2022-2029 planning period is provided in the Goals, Policies and Programs section below.

Programs 1.B.1 through 1.B.6 specifically address fair housing issues, while others address housing opportunities for special populations, assistance with home maintenance and repairs, and other actions relative to fair housing.

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
52 CONSTRAINTS TO THE DEVELOPMENT OF HOUSING
Governmental and non-governmental factors can be constraints to the provision of adequate and affordable housing. Such factors can result in housing that is not affordable to lower and/or moderate-income households or residential construction that is not economically feasible. The following section evaluates governmental constraints in Apple Valley, including fees, land use controls, and permit processing procedures and timelines, as well as non-governmental constraints, such as land costs, environmental conditions, and energy conservation concerns.

Governmental Constraints
Application Fees
The Town of Apple Valley has a “fee for service” application fee schedule. Actual costs may include direct Town costs, as well as consultant services, where necessary, and contract administration. A deposit is applied to most applications made to the Town. Staff time and expenses are billed against the deposit. In most cases, the deposit is not exceeded, and any unused deposit is returned to the applicant upon completion of the case. Each year, fees are automatically adjusted by a percentage amount that is equal to or less than, as determined by Town Council, the change to the Consumer Price Index for the region for Urban Wage Earners and Clerical Earners for the previous twelve months. In compliance with State law, fee increases are only implemented consistent with a fee justification study.

Table 38, below, describes typical Planning Division permit fees. Fees are not unusually high when compared to other communities in San Bernardino County.

Table 38
Planning Division Fees
Permit Type Initial Deposit
General Plan Amendment $13,898
Change of Zone $12,027 + $13/acre
Special Use Permit $1,595
Conditional Use Permit, residential $2,970 + $20/unit
Development Permit $3,437
Planned Residential Development Permit $3,025
Pre-Application1 $1,435
Environmental Assessment (Initial Study) $689
Tentative Tract Map $8,685 + $59/lot
Tentative Parcel Map $4,675 + $40/lot 1 pre-application fee for Conditional Use Permit, Development Permit, Tentative Tract Map/Parcel Map, Zone Change, General Plan Amendment
Source: Town of Apple Valley, Resolution 2019-17

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
53 General Plan and Zoning Ordinance Constraints
General Plan Residential Designations
The General Plan Land Use Element includes a number of residential land use densities. Single family home lots are allowed at densities ranging from over 5 acres to 2 per acre. The Land Use Element also includes the Medium Density Residential land use designation (4 to 20 units per acre), Mobile Home Park (5-15 units per acre), and Mixed Use (4 to 30 units per acre). The Mixed Use designation requires that both commercial and residential components be integrated into all proposed projects in the designation, thereby assuring that higher density residential development will occur within commercial projects. This land use designation is applied primarily along major transportation and employment corridors, including Bear Valley Road, Highway 18, and Dale Evans Parkway.

Development Code Residential Standards
The Development Code includes residential zones consistent with the General Plan, as required by law. Single-family residential zones include sub-zones focused on equestrian communities and other specified needs of the community. The development standards allow lot sizes of 5 acres or more, ranging to up to 2 units per acre. The Multi-Family District, which corresponds to the Medium Density Residential land use designation, allows up to 20 units per acre. The Mixed Use District, allows up to 30 units per acre when integrated with a commercial project. The Town’s development standards are consistent with those of all surrounding jurisdictions, the County of San Bernardino, and all other communities in southern California. None of the Town’s standards can be characterized as excessive or a constraint on the development of affordable housing.

Table 39 illustrates the development standards in the Low Density, Estate, Single Family, MultiFamily, Mobile Home Park, and Mixed Use districts.

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
54 Table 39
Development Standards for Residential Zones
R-VLD R-A R-LD R-E R-E¾ R-EQ R-SF R-M MHP M-U
Density (du/ac) 1du/
5ac
1 du/

2.5 ac
1 du/

2.5-5
1 du/
1-2.5
1 du/

0.75 1 du/

0.4-0.9
1 du/

0.4-0.9
2-20
du/ac
5-15
du/ac
4-30
du/ac
Min. Lot Area 5 ac 2.5 ac 2.5 ac 1 ac
32,670
sf
18,000
sf
18,000
sf
18,000
sf
---
1 ac
Min. Corner Lot
Area 5 ac 2.5 ac 2.5 ac 1 ac
32,670
sf
20,000
sf
20,000
sf
20,000
sf
---
1 ac
Min. Lot Width (ft) 200 150 150 125 125 100 100 100 --- 100 Min. Corner Lot
Width (ft) 200 150 150 125 100 115 115 115 --- 115
Min. Lot Depth (ft) 300 300 300 250 275 150 150 150 --- 100 Min. Corner Lot
Depth (ft) 300 300 300 250 275 150 150 150 --- 150
Min. site frontage
(ft)
90 90 90 60 60 60 60 60 --- 60
Min. front
setback(ft)
Average front
setback(ft)
50 n/a
50 n/a
50 n/a
45 50
30 35
30 35
30 35
25 25
15 15
35/10
n/a
Min. rear setback
(ft)
40 35 35 30 25 25 25 10 --- 0
Min. side setback
(ft)
Min. street side
setback (ft)
25 45
25 45
25 45
20 40
15/10
25 15/10
25 15/10
25 10
15 ---
---
0 10
Animal keeping
compat. buffer (ft) 25 25 25 25 25 25 n/a n/a n/a n/a
Max. Lot Coverage
25% 25% 25% 25% 30% 30% 40% 70% --- 50%
Min. dwelling unit
size (sq ft) 1,200 1,200 1,200 1,200 1,200 1,200 1,200
500-
1,100 ---
500-
1,100
Min. Landscape
Area n/a n/a n/a n/a n/a n/a n/a n/a --- 10%
Min. distance
between primary
structure &
detached accessory
structure (ft)
6 6 6 6 6 6 6 10 --- 0
Height Limitations
(ft)
35 35 35 35 35 35 35 35-50 18 50
Parking Required 2/unit 2/unit 2/unit 2/unit 2/unit 2/unit 2/unit Varies (See
below)
2/unit
For notes, refer to Development Code Tables 9.28.040-A and 9.72.020-A.

Source: Apple Valley Development Code Sections 9.28.040 and 9.72.020.

Multifamily Housing
Multifamily housing, including but not limited to duplexes, triplexes, apartments, condominiums, and townhouses, is permitted in the R-M district with an approved Development Permit. In 2020- 2021, the Town undertook a comprehensive review of its development standards in the MultiFamily Residential zone. Amendments were adopted by Town Council in March 2021. These

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
55 modifications were undertaken at the Town Council’s direction, to explore how the Town could encourage the development of more multi-family projects, particularly larger multi-family projects. In the last 15 years, the Town has seen primarily small (2 to 8 units per project) multifamily projects, and only two large (16 or more units per project) projects proposed. Although this has been due in part to the nature of Apple Valley as a suburban, relatively rural community, the need for multi-family development projects appears to be increasing at all income levels, and the Town Council wanted to assure that the Town was competitive with other surrounding jurisdictions in its appeal to multi-family developers.

Through the establishment of an ad-hoc committee, Planning Commission and Town Council hearings, the Town modified its Multi-Family development standards to encourage a breadth of projects. The modifications include reductions in minimum unit sizes, number of amenities and amount of common area open space required; reductions in setbacks, parking, building separation and buffer distances between multi-family projects and other uses. Finally, the standards now allow building heights of 35 feet for small and medium sized projects (2 to 15 units per project) and 50 feet for large projects (16+ units per project). As a result, three story structures will be allowed for smaller projects, and 4 story structures for large projects, resulting in greater flexibility for the development of more dense projects in the zone. These new standards ensure that the densities allowed in the Multi-Family and Mixed Use zones, ranging from 20 to 30 units per acre, before density bonus provisions, can be effectively built on existing lots. Given that the Town’s standards now allow 3 and 4 story construction and building coverage of 70%, a structure of 30,000 square feet could be built on an acre of land, and accommodate 60 studios (500 square feet), 42 one bedroom (700 square feet), 33 2 bedroom (900 square feet), 27 three bedroom (1,100 square feet) or 25 four bedroom (1,200 square feet) per floor. Even with the provision of corridors, stairwells, management units and offices and laundry rooms, the new Multi-Family standards can easily accommodate the 20 to 30 unit per acre density of the Multi-Family and Mixed use zones.

The new standards also reduce parking requirements. For small projects, 2 garage spaces are required, plus one guest space, regardless of unit size; for medium projects, a total of 2.5 covered (carport)_spaces in total are required, regardless of unit size; and for large projects, 2.25 parking spaces in total are required, regardless of unit size. In addition to the reductions in parking requirements made to the Multi-Family Residential zone, Development Code Section 9.72.040 allows flexibility in off-street parking requirements where reduced need is demonstrated. The Planning Commission may reduce parking requirements for senior citizen housing by up to 25% where the development is within close proximity of a shopping center or adequately serviced by a public transportation system. The number of required covered parking spaces may be reduced by up to 50% for developments meeting the needs of lower and moderate-income senior households.

This reduction eliminates any potential constraint by requiring 1 to 1.25 parking spaces per unit for affordable housing projects. However, because it is optional and not the standard by which the Town evaluates projects, this could be a constraint to the development of smaller units (studios and one-bedroom units). As a result, Program 1.I.1 includes a requirement to modify the Development Code to reduce parking requirements for studios and on-bedroom units. For multifamily projects, the cost of providing a covered (carport) parking space is not prohibitive, and is necessary in the high desert’s harsh climate. Further, projects approved for funding and constructed in the low desert and in surrounding communities, including all of the projects described in the “Land Inventory” section starting on page 66, have provided carports, With the implementation of

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
56 net-zero requirements in the Building Code, these carports have a further advantage of providing a location of solar panels, which reduce the costs of utilities for residents with lower incomes.

Parking requirements for market housing are consistent in the single family and multi-family zones. The need for carports or garages for market units to serve moderate or above moderate households is an expected amenity in single family and lower-density multi-family projects for these households, and because of the relatively affordable housing costs (see “Housing Costs and Affordability” section) is a standard feature included in all market housing in the region. The requirement does not significantly impact costs, and is not a constraint to the provision of either lower or moderate income housing. The Town’s changes to the Development Code, which allows reductions of up to 50% for affordable housing projects, eliminates any potential constraint associated with costs for additional parking for affordable housing projects.

Density Bonuses
Section 9.28.090 of the Development Code (Density Bonuses) provides incentives for the development of affordable housing based upon Government Code Section 65915. A density bonus of 20% over the maximum allowable residential density is granted when at least 10% of the total dwelling units are lower income units or at least 5% of the units are very low income units, and the applicant agrees to ensure continued affordability of such units according to the provisions of the Health and Safety Code. A density bonus of 5% over the maximum allowable residential density is granted when at least 10% of total dwelling units are moderate income units and the applicant agrees to maintain affordability. Additional density bonus increases, to a maximum of 35%, may be granted with an increase in the number of affordable units.

Density bonuses can also be granted for residential tentative tract maps, parcel maps, or other residential development when the applicant donates land that meets certain criteria conducive to the development of affordable housing on the site. Other incentives and concessions, such as reductions in setbacks, square footage requirements, or parking space requirements, may also be granted. For example, developers may request reduced parking ratios and/or flexible parking options, such as tandem or uncovered parking. To encourage the provision of housing for senior citizens, additional concessions are available for qualifying senior housing developments, including density bonuses of 20% over the maximum allowable density. Such incentives can translate to significant cost savings for developers of affordable housing.

Effective January 1, 2021, AB 2345 amends the state’s Density Bonus Law to increase the maximum density bonus from 35% to 50% for projects that provide at least: 1) 15% of total units for very low income households, 2) 24% of total units for low income households, or 3) 44% of total for-sale units for moderate income households. AB 2345 also decreases the threshold of setaside low income units required to qualify for concessions or incentives from zoning or development regulations, and decreases the number of parking spaces required for 2 and 3- bedroom units. Density bonus projects within ½ mile of a major transit stop that provide unobstructed access to the transit stop may also qualify for reduced parking requirements. Program

1.E.4 directs the Town to amend the Development Code to comply with the provisions of AB 2345.

Zoning for a Variety of Housing Types
The Development Code facilitates development of a variety of housing products that can serve the needs of lower income residents and special populations. Most are permitted outright or with

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
57 approval of a CUP in multiple residential districts, demonstrating that municipal land use controls do not constrain the development of such housing types. • Accessory Dwelling Units: ADUs are attached or detached dwelling units that provide complete independent living facilities for one or more persons and are located on a lot with a proposed or existing primary residence. Junior ADUs (JADUs) are residential units that are no more than 500 square feet in size, contained entirely within an existing or proposed singlefamily structure, include their own sanitation facilities or share them with the single-family structure, and include an efficiency kitchen. ADUs can satisfy the affordable housing needs of lower and moderate-income individuals while providing a source of income for homeowners.

They are permitted in all residential districts, including M-U. Design and development standards for ADUs and Junior ADUs are provided in Development Code Section 9.29.120.

Generally, on single-family lots, the primary dwelling or ADU must be occupied by the property owner. ADUs and JADUs may be rented separately from the primary residence (for not less than 30 days) but may not be sold or otherwise conveyed separately.

To date, there has not been a significant demand for ADU/JADU development in Apple Valley.

However, Program 1.C.6 directs the Town to encourage the development of ADUs and JADUs as a means of providing affordable housing options in single-family districts. • Manufactured Housing: Manufactured housing and mobile homes can serve the needs of lower-income households. Manufactured homes are permitted in all residential districts except M-U. The Mobile Home Park (MHP) district allows densities from 4 to 30 units per acre.

Design and development standards are provided in Development Code Section 9.29.060. • Employee Housing: The Town’s Development Code does not address employee housing.

Program 1.I.2 includes a requirement that the Development Code be modified consistent with Health and Safety Code Section 17000m requiring that employee housing for six or fewer employees be treated as a single-family structure and permitted in the same manner as other dwelling units of the same type in the same zone.
• Single Room Occupancy Facilities: SRO facilities provide multiple sleeping or living facilities that accommodate one person per unit. Each unit may have sanitary and/or cooking facilities, or these facilities may be shared with the facility. SROs can serve the housing needs of lower income individuals or specific populations such as the elderly, homeless, disabled, or veterans.

SROs are permitted with a Conditional Use Permit (CUP) in all residential districts, including M-U, as well as the Planned Industrial (I-P) district.
• Group Homes and Residential Care Facilities: Group homes are residential structures or units, whether operated by an individual for profit or a nonprofit agency, which are not licensed by the State. Residential care facilities can be small (housing 6 or fewer individuals) or large (housing 7 or more individuals) and serve a targeted population, such as the elderly or mentally or physically disabled, or lower-income individuals. Small residential care facilities licensed by the State are permitted in all residential districts (including M-U), and large ones are permitted in all residential districts, subject to approval of a CUP. Group homes not licensed by the State with 2 or more residents are permitted in all residential districts except M-U,

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
58 subject to approval of a CUP. Handicapped residential care facilities are permitted in all residential districts. Program 1.I.2 provides that the Development Code be amended to allow group homes for 7 or more as a permitted use, subject to a Development Permit. • Supportive and Transitional Housing: Supportive housing is occupied by individuals with low incomes and one or more disabilities or chronic health conditions. There are no limits on length of stay; services are provided to help residents improve health status or living/employment skills. Transitional housing is shelter provided to the homeless for an extended period that integrates social services and assists in the transition to self-sufficiency. Supportive and transitional housing is permitted in all residential districts, including M-U, subject to approval of a CUP; they are also permitted in the I-P district. Transitional housing alone is also permitted with a Special Use Permit (SUP) in the C-S and C-V districts. State law now requires that transitional and supportive housing be permitted in the same manner as other residential uses in the zone. Program 1.I.2 requires that the Town modify its Development Code to require transitional and supportive housing as a permitted use in residential zones, subject to the same standards and requirements as other residential uses in that zone. In addition, State law now requires that supportive housing shall be a use by-right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses pursuant to Government Code section 65651; Program 1.I.2 requires modification of the Development Code to address this requirement.
• Emergency Housing: Emergency housing provides immediate and short-term housing and minimal supplemental services, such as food or counseling, for the homeless. Occupancy is limited to six months or less. Emergency shelters are permitted outright in the I-P district, and with a SUP in the C-S and C-V districts.
• Low Barrier Navigation Centers: AB 101 requires that Low Barrier Navigation Centers (LBNC) be a by-right use in areas zoned for mixed use and nonresidential zoning districts permitting multifamily uses. LBNCs provide temporary room and board with limited barriers to entry while case managers work to connect homeless individuals to income, public benefits, permanent housing, or other shelter. Program 1.I.2 directs the Town to review and revise the Development Code, as necessary, to ensure compliance with AB 101, and to modify the definition of “homeless shelter” to include this use.
• Definition of family: The Development Code defines “family” as “One (1) or more individuals occupying a dwelling unit as a single household unit.” This definition does not impose a maximum number of persons in a family, or their relationship, or any other limitation that would pose a constraint to the housing of disabled persons.

Permit Processing
The Town includes its Development Code, including all development standards, and all fee schedules on the Town’s website. Permit processing in Town is consistent for all land use districts.

Permitted uses of any kind in any zone require approval of a site plan, which is generally processed in a period of 60 to 120 days, as are tentative tract maps for single-family homes.

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
59 Single-family homes on infill lots are not subject to any Planning Division review and require only a building permit. For new subdivisions, the Development Plan review and approval process consists of a review of development standards for consistency at the staff level, and review and approval by the Planning Commission. Per Zoning Code Section 9.17.080, the findings required to approve a project are consistent with those of all communities in California, and relate to General Plan and Zoning consistency, the physical ability of the site to accommodate the proposed project, and the California Environmental Quality Act, as follows:

A. That the location, size, design, density and intensity of the proposed development is consistent with the General Plan, the purpose of this Code, the purpose of the zoning district in which the site is located, and the development policies and standards of the Town; B. That the location, size and design of the proposed structures and improvements are compatible with the site's natural landforms, surrounding sites, structures and streetscapes, and does not unnecessarily block public views from other buildings or from public ways, or visually dominate its surroundings;
C. That the materials, textures and details of the proposed construction, to the extent feasible, are compatible with the adjacent and neighboring structures, and that quality in architectural design is maintained in order to enhance the visual environmental of the Town;
D. That the amount, location, and design of open space and landscaping conforms to the requirements of this Code, enhances the visual appeal and is compatible with the design and function of the structure(s), site and surrounding area; E. That excessive and unsightly grading of hillsides does not occur, and the character of natural landforms such as knolls and the Mojave River and existing vegetation and Joshua Trees are adequately protected and preserved where feasible as required by this Code.

Finding B, which uses the word “compatible” could be construed to be subjective. A subjective finding is no longer permitted by State law, and is therefore a potential constraint to the provision of housing. Program 1.I.2 includes a requirement that the Development Code be amended to remove this finding.

Single-family homes do not require discretionary review, and are processed through the Building Department, unless part of a master planned community. Should a Conditional Use Permit be required for any reason, it is processed concurrently with the site plan review, and does not extend the permit processing timeline. The Town always provides expedited permit processing, and even when required to process a General Plan Amendment and Zone Change, can process applications in less than six months. The Town’s permit processing, therefore, does not represent a constraint on development.

For Multi-Family development projects with 1 to 15 units, administrative review is completed through the plan check process and no additional entitlements are required. Projects with 16 to 50 units require Planning Commission review and approval of a Development Permit. The same findings listed above for single-family development, requiring a Development Permit, are required for the Planning Commission approval of a Development Permit. Projects that include more than

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
60 50 units require a Conditional Use Permit reviewed and approved by the Planning Commission.

In order to facilitate the development of larger projects, the Development Code will be amended to require only a Development Permit for larger projects consistent with the 16-50 unit category (please see Program 1.I.2). As described above, the Development Permit process is a review of development standards for conformance, and the Findings for Development Permits are consistent with those applied across California for site plan reviews. The change imposed by Program 1.I.2 will eliminate the constraint of permit processing associated with multi-family development.

Zoning Code Section 9.29.190 addresses Reasonable Accommodation, which allows those with disabilities to request modifications to Development Code and other requirements. It describes applicability, application requirements, findings requirements, decisions, and the appeals processes. No fee is required for a request for reasonable accommodation. Therefore, the Town’s regulatory requirements do not constitute a constraint to development of accessible housing.

Infrastructure Requirements
As with most communities, adjacent roadways must be improved to their ultimate half width when a residential tract project is developed. Generally, the Town requires half width improvements to include curb, gutter, and sidewalk; in more rural areas, however, the Planning Commission has the ability to allow rolled curb and/or no sidewalk. Roadway standards for local or local streets require a paved width of 40 feet within a 60-foot right of way. The Town will also allow deviations to these standards, including the narrowing of streets within planned communities.

Water and Sewer Services
Water services are provided by Liberty Utilities and other independent water companies. Sanitary sewer services are managed by the Apple Valley Public Works Department. The Town is a member of the Victor Valley Wastewater Reclamation Authority, a joint powers agency, which operates a regional sewer interceptor and wastewater reclamation plants.

Lands designated for Multi-Family or Mixed Use development in Town are located on major roadways, which are serviced by water infrastructure, and water purveyors have current capacity or expansion plans sufficient to accommodate future growth, including the Town’s regional housing need allocation. However, the municipal sewer system is relatively new and does not connect to some residential parcels in the central part of Town. The VVWRA recently completed a wastewater treatment plant in Town, with a capacity of 1 MGD, and expansion capability to 4 MGD. This is sufficient capacity to accommodate current connections, and all future connections planned in this Element. The Town will continue to evaluate plans to expand sewer infrastructure in the future and ensure adequate capacity to serve new development. According to the 2019 Apple Valley Sewer System Management Plan, each new project not previously included in a sewer assessment district is required to have a sewer feasibility study review. Per Sewer Ordinance No. 478, main-line sewers and pumping plants in Town must comply with the Town’s Sewer Master Plan and development standards, which are based on San Bernardino County standards. New and rehabilitated sewer mains and laterals are inspected by the Public Works and Engineering Departments. The Town is also aggressively pursuing the expansion of sewer service through State funding sources, in particular to open Multi-Family lands in the North Apple Valley area to development, in anticipation of the development of the Brightline station and associated mixed use

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
61 development. This expansion will also benefit Multi-Family lands along Dale Evans parkway, which would provide additional housing sites in the future.

The Town will, as required, provide water purveyors and the Reclamation Authority with copies of the adopted Housing Element. Per SB 1087, these purveyors are required by law to provide priority service to affordable housing projects. The law also prohibits denial or conditioning of the approval of service without adequate findings and requires future water management plans to identify projected water use for lower income residential development.

Development Impact Fees
As new development occurs, it increases the need for Town services and facilities. In order to offset these increased needs, the Town has established Development Impact Fees, as shown in Table 40. Fees that are applicable to housing development projects are provided on the Town website, consistent with Government Code §65940.1(a)(1)(A).

Table 40
Development Impact Fees
Fee Type
Fee (per unit)
Single-Family
Residence
Multi-Family
Residence
Mobile Home
Unit
Parks $3,323.00 $2,708.00 $2,162.00
Animal Control Facilities $54.84 $54.84 $54.84
Aquatics Facilities $84.37 $68.55 $54.84
Fire Suppression1 $740.00 $924.00 $1,581.87
General Government Facilities $407.07 $407.07 $407.07
Law Enforcement Facilities $147.64 $182.44 $50.62
Public Meeting Facilities $261.54 $213.03 $169.79
Storm Drainage Facilities $1,581.87 $373.32 $274.19
Transportation $6,745.00 $3,912.00 TBD
Sanitary Sewer Facilities $2,127.09 $1,515.43 $864.76
Recycle Deposit (refundable) $500.00 $500.00 $500.00 1 Fire fees are collected by the Town then passed through to the Apple Valley Fire Protection District (AVFPD).

As provided in Development Code Section 3.32.090, the Town waives all Fire Suppression Impact Fees established by any resolution for affordable housing.

In addition to Development Impact Fees, residential developers are responsible for the payment of State-mandated school fees. The current (2020) residential development school fee in the Apple Valley Unified School District is $3.79 per livable square foot. Developers are also responsible for the payment of connection and/or metering fees for public utilities.

Building Code Requirements
As with most communities in California, the Town has adopted the California Green Building Code (CBC) and updates the Code periodically as State-wide updates are developed. Currently, the Town is enforcing the provisions of the 2019 CBC. The Town cannot adopt standards that are

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
62 less stringent than the CBC. Since all communities in the State enforce similar provisions, the Town’s CBC requirements are not an undue constraint on the development of affordable housing.

In addition to the California Green Building Code, the Town recently completed a 2019 Climate Action Plan update (CAP) which includes an implementation plan. The CAP requires energy efficiency measures in new development to reduce greenhouse gas emissions as required by AB 32 and SB 375.

Building Permit Fees
The Building Department charges on a per square foot basis for building permit plan checks and inspections. Fees are based on the CBC components, and include electrical, plumbing, structural, and architectural fees.

Economic Constraints
Land and Housing Costs
The cost of land has the potential to impact the overall cost of housing. Vacant land for singlefamily homes in Apple Valley is available in the $5,000 to $65,000 per acre range, with an average of approximately $18,710.
18 According to the latest American Community Survey, the median sales price for a single-family home in Apple Valley in 2018 was $237,100, a five-year increase of 38.2% over 2013, when the median listing price stood at $171,600. The current housing market makes single-family homes affordable to the moderate income household in Apple Valley.

Apartment projects in Apple Valley may be characterized as duplexes or projects of 10 units or less that are privately owned. Such projects for sale in 2020 range in price from $43,000 to $153,000 per unit. Vacant land for multi-family projects averages about $117,216 per acre.19 The rental rates for typical apartment units in Apple Valley range from $900 per month for a twobedroom, one bath unit to $1,700 for a three-bedroom, 2 bath unit. The latest American Community Survey (2018) indicates that the median gross rent for a 3-bedroom rental in Apple Valley is $1,236. Rental units are affordable to low income residents.

Construction Costs
Construction costs can vary widely depending on location, unit size, building type and materials, number of bedrooms, finishes, amenities, and wage and hiring requirements, among other factors.

Apple Valley and the Coachella Valley share similar suburban desert environments, and construction costs are considered comparable. In the Coachella Valley, single-family construction costs generally range from $125 to $145 per square foot (excluding site improvements), and vertical multi-family construction costs generally range from $125 to $145 per square foot, based on a typical 50-70 unit project with a 2 to 3-story garden style, Type V wood building. 20 Financing Costs
18 Landwatch.com, accessed January 13, 2021. 19 Ibid. 20 Gretchen Gutierrez, CEO, Desert Valleys Building Association, March 2021; Chris Killian, Senior Vice President of Construction, National Core, March 2021.

Adopted Housing Element Update
March 8, 2022
Revised August 22, 2022Revised November 21, 2022
63 The cost of financing can also impact the development community’s ability to fund projects.

Mortgage interest rates are near historic lows, making single-family home loans relatively easy to secure. This condition could increase opportunities for developers to fund and construct affordable housing in Town and increase homeownership opportunities for more residents.

Physical Constraints
Age of Housing Stock
The 2018 American Community Survey determined that 63.2% of the Town’s housing stock was built before 1990, meaning that 16,509 units are 30 years old or older. The cost of maintaining older residential units can escalate; however, the mild climate and moderate conditions in Apple Valley help to preserve housing in better condition. The Town maintains a Residential Rehabilitation Loan Program to assist very low and low income homeowner households in making repairs to their properties, including those needed to address health and safety code violations, energy conservation improvements, accessibility improvements for the disabled, and repairs for deferred maintenance.