City of Orange – HCD Response Matrix
April 2022 HCD Response Letter
HCD Comments Section/Page Number Notes
Housing Needs, Resources, and Constraints
Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction (Gov. Code, § 65583, subd. (c)(10)(A)) Enforcement and Outreach: While the element includes
key themes from outreach efforts, it must still provide data related to the number of lawsuits, enforcement
actions, settlements, or judgements related to fair
housing or civil rights. This data should be analyzed for any patterns or trends by community area or census tract and include additional local knowledge, relevant factors, and a conclusion of summary of issues. In addition, the element states that the City works with the Fair Housing Foundation to provide fair housing services. However, the analysis must also describe compliance with existing fair housing laws and regulations and include information on fair housing outreach capacity.
Section 3.I.2
Table 4-1 added to
establish goals/policies
organized by contributing
factors
Section 3.I.3
Regional information on County-wide services and fair
housing cases has been added.
Information on outreach events and resources to the
Orange community and provided in Section 3.I.2.
Added statement confirming no current and active
lawsuits, enforcement actions, settlements, or
judgments related to fair housing or civil rights.
Text Added: During the 2015-2019 reporting period, the
FHCOC staff regionally received 363 allegations of
housing discrimination and opened 179 cases where the
allegations seemed sufficiently meritorious to warrant
further investigation and/or action. FHCOC held 32
training sessions for rental property owners/managers
and also presented 16 fair housing seminars and 70
general fair housing workshops.
Text added on County Fair Housing Foundation which
handles the City’s fair housing cases and ensures the City operates consistent with State law. Services, including fair housing outreach, have been updated
A new section has been added identifying state and local fair housing laws and ways the City complies with each.
Integration and Segregation: While the element discusses its dissimilarity index and includes some information on Section 3.J Diversity index mapping has been added. Data and mapping on income, familial status, and persons with
City of Orange – HCD Response Matrix
April 2022 HCD Response Letter
HCD Comments Section/Page Number Notes
familiar status and persons with disabilities and does not analyze levels of segregation and integration for race and ethnicity, income, familial status, persons with disabilities for patterns and trends over time. For example, in order to the groups that experience the highest levels of
segregation, the element could provide a more detailed
categorization of potential concentrations at the block group, census track, or neighborhood level. Additionally, the element must provide regional comparison and
analyze for patterns and trends over time.
disabilities is included within the AFFH subsection of
Section 3. Additional mapping has been added to
provide trend comparisons between 2014 and 2019
(based on what is available on HCD’s AFFH Data Viewer).
Racially Concentrated Areas of Affluence (RCAAs): While the element outlines six potential RCAAs (block groups) in the City, it must provide a regional comparison and a
concluding discussion of the data to inform policies,
goals, actions, and programs.
Section 3.J.1 Regional data for Orange County has been added to Table 3-20. Policy program comparison is added in the
Section 3.L matrix.
Access to Opportunity: While the element indicates that the city is a mix of low and moderate resource to high
resource, the analysis and discussion must include
overlaps with socioeconomic patterns. For example, the
city could analyze whether low resource census tracts
overlap with higher concentrations of racial/ethnic
minorities, lower-income households, persons with
disabilities, or female-headed households.
Additionally, while the element includes tables for ROI Opportunity Indicators in the City compared to the state, it must show a regional comparison (e.g., to Orange
County and/or neighboring cities).
Lastly, the analysis must still independently address
access to opportunity for education, transportation,
economic development and environmental components.
This more complete understanding of what types of
Section 3.J.2
Section 3.L
Appendix C
Section 3.J.5
Additional analysis on demographics and housing
conditions in relation to the low opportunity census
tracts has been added. Housing Policy Action 4A
addresses the issues identified in the analysis.
County data does not exist for the ROI data. ROI data on neighboring jurisdictions has been added for
comparison.
Data and mapping on education, transportation,
economic opportunities, and environmental burdens has
been added.
A table of identified fair housing issues and relevant
policies has been added. Programs are included in the
Housing Plan that address the community’s access to
opportunities and resources.
City of Orange – HCD Response Matrix
April 2022 HCD Response Letter
HCD Comments Section/Page Number Notes
disparities in access to opportunity exist for what
populations and in what geographies is necessary to
identify and prioritize contributing factors to fair housing issues and formulation of goals and actions. This analysis must be conducted at a regional and local level and
should address substantial differences in access to
education, transportation, economic, environment and
other important opportunities based on socio-economic
characteristics (e.g., race, income, familial status,
disability, income, poverty). Patterns over time should be discussed as well as policies, practices, and investments that affect access to opportunity. Local data and
knowledge and other relevant factors must be
considered, including incorporating public outreach and targeted community engagement (page 34 of
affirmatively furthering fair housing (AFFH) Guidance
Memo).
Specifically, as mentioned in stakeholder comments, the City should examine low income neighborhoods and
opportunities for investment to improve the quality of life and enhance housing options in those neighborhoods and
analyze high opportunity areas and provide incentives
and programs to encourage affordable housing to be built in areas that have more amenities such as transportation, schools, parks, and healthy food options.
Appendix C includes a matrix of public comments which
identify how public comments have been addressed and
incorporated.
Section 3.J.5 added robust historical information on the City’s development patterns in disadvantaged areas as
well as past and current efforts to reinvest in these areas through use of applicable funding sources and long-
range planning efforts.
Disproportionate Housing Need: The discussion on
homelessness must be expanded to discuss local or
regional factors that have contributed to the homeless
population and assess changes over time. The analysis
does not currently consider the increase in the homeless population in the city compared to the region at large.
While the element mentions two regional shelters the
Section 2.E.7 A table with the 2022 PIT Count data has been added to Section 2: Community Profile. This shows a reduction in the number of persons experiencing homelessness for
the City and the County.
City of Orange – HCD Response Matrix
April 2022 HCD Response Letter
HCD Comments Section/Page Number Notes
city helps fund through the North SPA, (Buena Park
Center and Placentia Center), there is no discussion on how many beds are available to the City of Orange. The
element lists its collaboration with the police department to assist the homeless population but does not quantify or describe how this program that has been operating
since 2013 has helped persons experiencing
homelessness obtain services or long-term care towards
housing.
No beds are available in Orange. The analysis specifies that the City’s partnership helps to provide beds at the Buena Park and Placentia Centers.
Additional language and details has been added
regarding the City’s termination of its agreement with
Mary’s Kitchen and the development of a new City-run
services hub. The hub has been reviewed and approved
by a federal judge in May 2022, and it will begin food
distribution in June 2022. Additional details on funding for the Homeless Outreach Program has also been
added.
Sites Inventory: While the element was revised to
indicate where regional housing needs allocation (RHNA) sites are located relative to some socio-economic
concentrations, there is no discussion to discuss the
magnitude of the impact including the number of units by income group relative to locations or neighborhoods
within the City, including any isolation of the RHNA and then address whether sites exacerbate or improve
segregation and integration. It appears there are multiple discrepancies in this section as well that impact a
meaningful analysis of sites. For example, the element
states that 90 percent of total potential RHNA units are located within Low Resource areas (pp. 3-117) and that
much of the low and very-low income sites are in areas
with greater than 40 percent Non-White. This contradicts statements on pp. 3-111 and 3-114 where the element
states that the distribution of potential units does not disproportionately impact areas with larger
concentrations of Non-White populations and that the
proposed candidate sites are evenly dispersed which an
emphasis on locating units where there is a high level of access to public transit and services.
Section 3.J.2
Section 3.K
Language has been added noting that sites have been
identified based on availability of land and zoning and potential for future development – future development
which may also bring about additional community
resources and services to existing neighborhoods and
residents. Additionally, new affordable units in such
areas provide new housing opportunities for existing
residents without resulting in displacement.
While 90% of sites are identified within low opportunity areas, it is important to note that a majority of the City is identified as low opportunity, specifically including
denser and more developer areas of the City. Lower
income units are also included in areas with 29 to 40
percent Non-White population, in additional to greater
than 40 percent. This will provide increased access to
affordable housing for existing residents and may
provide for improved community resources and services.
Language has been revised throughout the section to
detail this, including mention of Housing Policy Actions City of Orange – HCD Response Matrix
April 2022 HCD Response Letter
HCD Comments Section/Page Number Notes
which seek to facilitate appropriate development and
community involvement.
Contributing Factors: While the element lists contributing factors as identified by the City, these must be prioritized, giving highest priority to those factors that most limit or deny fair housing choice or access to opportunity or
negatively impact fair housing or civil rights compliance.
Section 3.L A matrix of fair housing issues and related programs, ranked by priority, has been added to the AFFH analysis.
Local Data, Knowledge, and Other Relevant Factors: The
element still lacks local knowledge and relevant factors in each of the fair housing analysis sections. Historical
governmental and nongovernmental actions must still be
analyzed. The historical context would help explain
disparities in each of the contributing factors described on pp. 3-104 and 3-105.
Section 3.J.5 Section 3.J.5 added robust historical information on the City’s development patterns in disadvantaged areas as
well as past and current efforts to reinvest in these areas through use of applicable funding sources and long-
range planning efforts.
Goals, Priorities, Metrics, and Milestones: The element did not address this finding. The element must be revised to add programmatic actions based on outcomes from a
complete analysis. Goals and actions must specifically
respond to the analysis such as addressing barriers to
integration and segregation patterns in the City 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.
Programmatic actions must have metrics and milestones
to evaluate what fair housing results will be achieved and concrete timelines for assessing progress. Actions must address housing mobility enhancement, new housing
choices and affordability in high opportunity areas, place- based strategies for community preservation and
revitalization and displacement protection. For more
guidance, please refer to the AFFH guidebook pp. 53-56.
Section 4 Programs have been updated to include specific objectives and timelines.
City of Orange – HCD Response Matrix
April 2022 HCD Response Letter
HCD Comments Section/Page Number Notes
Include an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).) The element must still be revised to include an estimation of numbers of units in need of rehabilitation of
replacement. A statement about the City’s lack of
ongoing code enforcement cases is insufficient to address this finding. The analysis could provide estimates from a recent windshield survey or sampling, estimates from
code enforcement agency, or information from
knowledgeable builders/developers, including nonprofit
housing developers and organizations.
Section 4 A total of 16 units are in need of rehabilitation, as identified in the Summary of Quantified Objectives. No
further data is available based on windshield surveys or sampling, as such a new Housing Policy Action 3E has
been added committing the City to implement a yearly
housing rehabilitation survey with potential actions
should it be deemed necessary.
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).) The City has a regional housing need allocation (RHNA) of 3,936 housing units, of which 1,671 are for lower-income households. To address this need, the element relies on sites that are residentially zoned or in a mixed-use zone that permits residential uses. To demonstrate the
adequacy of these sites and strategies to accommodate
the City’s RHNA, the element must include complete
analyses:
General language, requirement below.
Realistic Capacity: While the element was revised to
include language from the City’s municipal code which
states that residential development is allowed in the
Urban Mix Use (UMU) zone, either as part of a mixed-use project or as a freestanding use, the capacity
methodology must still account for the likelihood of
residential development on sites proposed in the UMU
zone. For example, the analysis could evaluate the
number of 100 percent commercial projects proposed in
Appendix B.B The City has had one non-residential project in the UMU zone throughout the 5th Cycle, compared to six
residential projects. Language to that effect has been
added to note the high likelihood of developing future
residential projects in the UMU zone.
City of Orange – HCD Response Matrix
April 2022 HCD Response Letter
HCD Comments Section/Page Number Notes
the last planning period in the UMU zone and compare to the number of projects with residential.
Suitability of Nonvacant Sites: Additionally, while the element was revised to detail the existing uses on the
site, the analysis must still demonstrate the site potential for redevelopment. While the element indicates key
indicators for consideration of appropriateness of sites, it does not support reasons why these indicators were
selected and how they demonstrate the potential for new residential development on the selected sites. In addition, these factors all related to potential market factors but do not relate to whether the existing uses on selected
sites are likely to impede new residential development.
For example, the element could analyze and discuss why
the charter school is likely to redevelop into residential or expand data and discussion on market trends regarding
the discontinuation of existing uses for big box retail stores like Best Buy. The element could also relate the characteristics of the projects listed on Table B-2 to the characteristics of sites within the inventory. As stated in the previous review, the element could also consider
indicators such as age and condition of the existing
structure expressed developer interest, low improvement to land value ratio, and other factors. For existing malls, while the element lists regional malls within the County that have recently completed planning and entitlement
efforts to permit residential uses, the element must still clarify what similar characteristics these malls have with the Outlets at Orange that make such a comparison
meaningful. Lastly, while the City stated it removed all UC Regent’s owned cites, the UCI MDA ALS Clinic still remains in the sites inventory. If the site remains, the element must indicate whether this site is expected to be put on a Section 3.E.4
Appendix B, Section B.B
UCI MDA ALS Clinic site has been removed.
Non-Vacant Development Scenarios analysis added with
four project examples and descriptions.
Updated to include additional analysis and comparative
characteristics for the Outlets property as well as
information on recent development activity for
residential uses and local developer interest.
ADD TO RESOLUTION:
WHEREAS, based on a variety of factors including
development trends, property owner
interest, structure age, property valuation, and
development capacity, the existing uses on the
sites identified in the site inventory to accommodate
the lower-income RHNA are likely to be
discontinued during the planning period, and
therefore do not constitute an impediment to
additional residential development during the period
covered by the Housing Element; and
City of Orange – HCD Response Matrix
April 2022 HCD Response Letter
HCD Comments Section/Page Number Notes
surplus list or if conversations with the Regents has
occurred related to potential residential development.
The housing element relies upon nonvacant sites to
accommodate more than 50 percent of the RHNA for
lower-income households, therefore the element must
demonstrate that the existing uses are not an
impediment to additional residential development in the planning period. (Gov. Code, § 65583.2, subd. (g)(2).)
Absent findings (e.g., adoption resolution) based on
substantial evidence, the existing uses will be presumed to impede additional residential development and will
not be utilized toward demonstrating adequate sites to
accommodate the regional housing need allocation. HCD
is not aware that the City has made the appropriate
finding. Any future re-adoption of the housing element
must include the appropriate finding as part of the
adoption resolution.
Emergency Shelters: While the element was
revised to provide information on Section
17.13.040 of the City’s municipal code as it
relates to emergency shelters, these standards
must be thoroughly analyzed for constraints and
an assessment should be made whether these
hinder the development of emergency shelters in
the M-1 and M-2 zones and for consistency with
Government Code section 65583, subdivision
(a)(4)(A). For example, the requirement that
emergency shelters be at least 500 feet from any
public institutions, not near parks, and must be
located within half mile of a transit stop are
outside the scope of allowable standards relating
to siting of emergency shelters. The element
Section 4 Housing Policy Action 4J has been added to updated the Homeless Shelter siting requirements in accordance with State law. Language has also been added to Section
3.B.6 noting the addition of the program to ensure
compliance with State law.
City of Orange – HCD Response Matrix
April 2022 HCD Response Letter
HCD Comments Section/Page Number Notes
must include a program to amend the zoning
ordinance to ensure consistency with state law.
Accessory Dwelling Units: The element did not address
this finding. The element shows that accessory dwelling units (ADUs) are conditionally permitted in R-1 through R- 5 zones, but ADUs should be permitted in all zones that allow residential.
Section 4
Section 3.B.6
Policy Action 2J has been updated to include the update of the City’s Municipal Code to permit ADUs and JADUs
in all zones which permit residential uses.
A note has been included in Section 3.B.6 noting where
ADUs and JADUs are currently permitted and how Policy
Action 2J will update this.
An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), 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).) Processing and Permit Procedures: While the element
was revised to include general permit processing
timeframes for single and multi-family projects on pp. 3- 42, it must still analyze this process for constraints by discussing the approval procedure and considerations, as well as discuss types of permitting, level of reviews, and an analysis on impacts on the cost of housing affordability and supply. Please see HCD’s prior review dated
September 13, 2021 for more information.
Section 3.B.11 Additional data on the City’s review processes and procedures has been added and found not to be a
constraint.
The following lists out the permitting process and review periods:
1. Application submitted;
2. Staff Review Committee provides comments or
application deemed complete (30 days or less);
3. Staff Review Committee reviews response to
comments, if applicable (30 days or less);
4. Design review Committee meeting scheduled
and staff report prepared. Oversight is limited to
confirmation objective design standards for
applicable projects under State law (30 days or
less);
5. Planning Commission meeting scheduled, staff
report and resolution prepared. Oversight is
limited to confirmation of objective design
City of Orange – HCD Response Matrix
April 2022 HCD Response Letter
HCD Comments Section/Page Number Notes
standards for applicable projects under State
law (30 days or less);
6. Building plan check submittal – may occur at-risk
subsequent to Design Review Committee
meeting or sooner if authorized by the
Community Development Director; followed by,
7. Staff review of building plans and corrections
provided (20 working days or less per
submittal/resubmittal).
Design Review: While the element was revised to state
that Housing Policy Actions 2E and 2L include provisions to evaluate current processing procedures and review the feasibility of additional regulatory relief such as objective development standards, the element must still describe
and analyze the current design review guidelines and
process. Please see HCD’s prior review dated September
13, 2021 for more information.
Section 3.B.11
Language added on findings analysis added.
Additional information on the design review process and findings have been added. No proposed projects going
through the site plan and design review processes have
been denied based on not being able to meet the stated
findings within the last planning period.
Added text: Design review Committee meeting
scheduled and staff report prepared. Oversight is limited to confirmation objective design standards for applicable projects under State law (30 days or less);
Zoning and Fees Transparency: This finding was not met.
Please see HCD’s prior review dated September 13, 2021
for more information.
Previous Text: The element must clarify its compliance
with new transparency requirements for posting all
zoning and development standards for each parcel on the jurisdiction’s website pursuant to Government Code
section 65940.1, subdivision (a), paragraph (1).
Section 3.B.3 and 3.B.8
Added statement that development standards are
posted site inventory on website with zoning
information. Statement saying City is complying with
state posting law.
Table 3-3 listing all applicable development
standards from City’s code posted on their
website as well as explanation of each
development standard
Table 3-4 lists all parking requirements
City of Orange – HCD Response Matrix
April 2022 HCD Response Letter
HCD Comments Section/Page Number Notes
Table 3-5 lists PUD development standards (not
being proposed here but may be applicable on a
future site
Table 3-6 lists all permitted uses
An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Government Code section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Government Code section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality’s planning for the development of housing for all income levels and the construction of that housing. (Gov. Code, § 65583, subd. (a)(6).) The element did not address this finding. The element
must be revised to include analysis of requests to develop housing at densities below those anticipated, and the
length of time between receiving approval for a housing development and submittal of an application for building permits that potentially hinder the construction of a
locality’s share of the regional housing need. The analysis must also include an analysis regarding local efforts to address nongovernmental constraints.
Section 3. B.11
Appendix B
Information and examples of projects developing above
densities are included in the Appendix B. Timelines have also been added to Section 3.
Analyze any special housing needs such as elderly; persons with disabilities, including a developmental disability; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. (Gov. Code, § 65583, subd. (a)(7).) While the element was revised to expand discussion on
challenges faced by the various special needs'
populations, identified resources available, and lists
organizations and agencies in the community to assist
persons experiencing homelessness, it must still state
what each of these entities' offers in terms of services and resources for persons experiencing homelessness.
Lastly, the element noted that the only shelter within city limits is a family shelter. The element should discuss
Section 2.E.7 Descriptions of each entity’s resources and services has been added. The Element includes a number of entities,
resources, and services provided for persons
experiencing homelessness.
City of Orange – HCD Response Matrix
April 2022 HCD Response Letter
HCD Comments Section/Page Number Notes
resources available for persons experiencing
homelessness who do not have families and could discuss adoption of policies to increase services – particularly for unaccompanied adults with disabilities or seniors.
Housing Programs
Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element through the administration of land use and development controls, the provision of regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available. The program shall include an identification of the agencies and officials responsible for the implementation of the various actions. (Gov. Code, § 65583, subd. (c).) Programs must still be revised to demonstrate that they will have a beneficial impact within the planning period.
Beneficial impact means specific commitment to
deliverables, measurable metrics or objectives, definitive deadlines, dates, or benchmarks for implementation. All programs must be evaluated to ensure specific action
steps to implement policies and attain the set objectives and metrics. Programs containing unclear language (e.g., “Evaluate”; “Consider”; “Encourage”; etc.) should be
amended to include more specific and measurable
actions and deliverables should occur early in the
planning period to ensure actual housing outcomes.
Please see HCD’s prior review dated September 13, 2021
for more information.
Section 4 Specific objectives have been added to each program.
Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).) City of Orange – HCD Response Matrix
April 2022 HCD Response Letter
HCD Comments Section/Page Number Notes
As noted in Finding A3, the element does not include a
complete site analysis, therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City must
revise programs to address zoning available to encourage a variety of housing types.
Programs have been added/modified as appropriate and
included in the notes above.
Housing Policy Action 2J and 2K: Development of ADUs:
The element is assuming production of 40 ADUs per year
for a total of 320 units within the planning period. This projection is more that the average production for the
previous four years of 29 per year. Housing Policy Action 2K monitors the production of ADUs throughout the
planning period, in order to support the increase in
production levels, Housing Policy Action 2J should include additional resources and incentives to facilitated ADU
production. As stated in the previous review this can take the form of flexible zoning requirements, development
standards, or processing and fee incentives that facilitate the creation of ADUs, such as reduced parking
requirements, fee waivers and more. Other strategies
could include developing information packets to market
ADU construction, targeted advertising of ADU
development opportunities or establishing an ADU
specialist within the planning department.
Appendix B.A Data has been added on the number of ADUs permitted in 2021 and to-date in 2022 (as of May 2022) showing
the City has received and approved an increasing
number of ADUs. Additionally, language has been added
citing all the actions taken by the City to promote and facilitate ADU development. As such, the City believes a projection of 40 ADUs annually is appropriate and well
within reach.
Program 2K commits to tracking ADUs by affordability
The Housing Element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderate-income households. (Gov. Code, § 65583, subd. (c)(2).) The element did not address this finding. While the
element includes a number of policy actions that seek to encourage development of lower-income and special
needs housing, the element indicate projects will be
assisted primarily by applying state density bonus law
(SDBL). As stated in the prior review, the element must include a program(s) describing specific actions the City Section 4 Policy Action 4A includes the following: “Continue to follow current State Density Bonus law and further its
implementation through a Density Bonus ordinance
update.”
Housing Policy Action 2M includes actions to assist in the development of ELI units.
City of Orange – HCD Response Matrix
April 2022 HCD Response Letter
HCD Comments Section/Page Number Notes
will take to assist in the development of housing
affordable to lower- and moderate-income households,
including extremely low-income households (ELI). In
addition, as noted in stakeholder comments, the City
should ensure that it complies with the most current
version of State Density Bonus Law. Please see HCD’s
prior review dated September 13, 2021 for more
information.
Statement added to Table 3-17:
Note: *Extremely Low Income is calculated as 50% of the City’s Very Low Income RHNA need.
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. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).)
As noted in Finding(s) A4 and A5, the element requires a complete analysis of potential governmental and
nongovernmental constraints. Depending upon the
results of that analysis, the City may need to revise or add programs and address and remove or mitigate any
identified constraints.
Programs have been added/modified as appropriate and
included in the notes above.
Constraints on Housing for Persons with Disabilities:
While the element was revised to include Housing Policy Action 4F: Housing for Persons with Disabilities to be in compliance with state law, the program should specify
that revisions to the zoning ordinance will ensure barrier- free housing choices for persons with disabilities.
Section 4 – Action 4F Policy Action 4F has been updated accordingly.
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 protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (Gov. Code, § 65583, subd. (c)(5).) As noted in Finding A1, the element must include a
complete assessment of fair housing. Based on the
outcomes of that analysis, the element must add or
modify programs.
Programs have been added/modified as appropriate and
included in the notes above.
Public Participation
City of Orange – HCD Response Matrix
April 2022 HCD Response Letter
HCD Comments Section/Page Number Notes
Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the Housing Element, and the element shall describe this effort. (Gov. Code, § 65583, subd.(c)(9).) While the element was to include Housing Policy Action
3D (Community Outreach) to continue public outreach
throughout the planning period, it was not revised to
address this finding. As stated in the previous review, the element must include a description of how the City made a diligent effort to achieve public participation from all economic segments of the community, especially low-
and moderate-income households. The element could
describe the efforts to circulate the housing element
among low- and moderate-income households and
organizations that represent them and to involve such
groups and persons in the element throughout the
process. In addition, while the element summarizes the
public comments, it must still describe how comments
were considered and incorporated into the element.
Appendix C A table of public comments and how they have been incorporated into the document is included in Appendix
C. The appendix also includes detailed information on
what outreach was done and organizations and groups
that participated in the stakeholder outreach.
Section added on City collective efforts to outreach to low- and moderate-income households and
organizations as well as disadvantaged communities.