b. Zoning Designations

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1 the Housing Element as the City s zoning is consistent with the General Plan and adequate sites with The City of Mission Viejo General Plan is not considered to be a constraint to the goals and policies of to be combined with one or both of the other categories in a mixed-use project. 30/Business Park. These mixed-use designations allow any use category to exist individually on a site, or appropriate densities have been identified to permit the construction of the City s fair share of new housing units for the planning period (see Section 3 Resources 38 HOUSING ELEMENT EXCERPTS FROM HOUSING ELEMENT DATED 7/20/ 09 These development standards continue to be viewed as reasonably necessary to protect the public health, development of housing. safety and welfare and maintain the quality of life, and are not considered to be constraints on the A summary of the residential development standards for these zoning districts is provided in Table RPD 3.5 Residential Planned Development 3.5 RPD 6.5 Residential Planned Development 6.5 RPD 14 Residential Planned Development 14 RPD 30 Residential Planned Development 30 RPD 30A Residential Planned Development By-Right (Affordable) The five zoning districts that allow residential units as a permitted use are as follows: The City regulates the type, location, density, and scale of residential development through the Develop zoning regulations, serves to implement the General Plan and is designed to protect and promote the health, safety, and general welfare of residents. The Development Code also helps to preserve the ment Code, a part of the City s Municipal Code. The Development Code, which contains the City s character and integrity of existing neighborhoods. The Development Code sets forth residential development standards for each zoning district. b. Zoning Designations in Appendix B, Land Use Inventory. on page 31). This finding builds upon and reflects the City s action in 2007 to amend the General Plan and Opportunities beginning Land Use Plan, Housing Element and Zoning to accommodate the high density residential sites identified Commercial Neighborhood/Community Facility/Residential 14 and Office Professional/Residential In addition, the General Plan contains two mixed-use designations which allow residential development:

2 Maximum Density (du/ac) Standard RPD 3.5 RPD 6.5 RPD 14 RPD 30A Zoning District Designations Development RPD 30 Source: City of Mission Viejo Zoning Ordinance 1. Density expressed in dwelling units per gross acre feet or two stories whichever is less. In the RPD 30 and RPD 30A District, this provision may be modified by the Planning Commission as part a of Planned Development Permit application up to a maximum height of 45 feet or 3- stories. 39 HOUSING ELEMENT Table H-34. A summary of the residential development permitted by the City s Zoning Ordinance is provided in Three additional zoning districts, the Commercial Community District (CC) District, Commercial Highway District (CH) and the Office/Professional District (OP) allow congregate care/senior housing subject to a conditional use permit. when combined with the Senior Housing Overlay Zone (SH). All senior housing developments are units per gross acre in the RPD 30 District. In addition, state law allows a potential density bonus of up to 35%. Densities range from 3.5 dwelling units per gross acre in the RPD 3.5 District to a maximum of 30.0 allows nontraditional or unique site plan design if found appropriate by the Planning Commission. The attained. Results from the analysis indicated that the maximum densities could be achieved. Development Permit issued by the Planning Commission. The Planned Development Permit process development standards were analyzed to ensure that the maximum housing densities for a zone could be As stated in the Development Code, the standards listed above shall apply unless modified by a Planned are not generally seen as an obstacle to affordable housing development. As noted previously, two The City s Development Code was adopted in October 1998 and has been reviewed and amended over time to ensure that it remains current and consistent with state law, and that it continues to facilitate development. Amendments to the Development Code included updates for reasonable accommodation, density bonus, and development and parking standards for second units. City staff meets regularly with The City s Development Code also allows for a minor exception process to allow adjustments to the Code of up to 15% for setbacks, height, parcel dimensions and modifications of up to 30% for on-site housing developers and routinely engages in discussion regarding the City Development Code standards. circulation and parking. These provisions address specials hardship circumstances and help facilitate development while avoiding the administrative requirements of seeking a variance. The City s standards affordable housing development projects have been approved during the last Housing Element cycle and those projects are consistent with the City s development criteria. In addition, the Heritage Villas affordable senior project was approved with one parking space per unit based on a study analyzing parking need at similar projects. Minimum Front Yard (ft.) Minimum Side Yard (ft.) Minimum Rear Yard (ft.) Maximum Lot Coverage (%) Maximum Buildmg Height (ft.) Minimum Lot Area (sq. ft.) 5,000 5,000 5,000 5,000 Table H-33 Residential Development Standards

3 Residential Uses 3 6 5c I. & iwi$ RPI)! RPI) &RPDI RPI) RPD I 40 HOUSING ELEMENT sites), is more than sufficient to accommodate the R}-INA for this planning period. The RPD 30A District, which applies to the above three parcels (also identified in the inventory of vacant Parcel A 15% (minimum and maximum) Parcel B 15% (minimum) Parcel C 20% (minimum) The RPD 30A District, adopted in 2007, was created to provide suitable zoning for parcels A, B and C identified in the Housing Plan as potential sites for affordable housing. The district permits residential development by-right in accordance with housing element law and waives the need for any type of discretionary permit. The RPD 30A District also contains affordability criteria that require a percentage percentage of residential units in parcels A, B, and C required to be affordable are as follows: of the units within parcels A, B and C to be affordable to low- or very low-income households. The The Development Code provides for a variety of housing types including single-family homes, multi family (both rental and condominiums), manufactured housing, mobile homes, and second units. Lowincome housing can be accommodated in all residential districts. Second units, which are a tool in facilitating affordable housing, are permitted by-right in any residential zone with an existing singlefamily home. 2. Use is allowed only when combined with the Senior Housing Overlay Zone (SH). 3. Use is permitted in accordance with existing state law. 1. Congregate Care/Senior Citizen Housing is subject to the development standards set forth in of the Development Code. Source: Mission Viejo Development Code P = Permitted PD = Planned Development Permit C = Conditional Use Permit Residential Care Facilities (6 or fewer Residential Care Facilities (7 or more Single Room Special Needs Second Units P P P P Condominium PD PD PD P Single-Family Detached PD PD PD PD P Single-Family Attached PD PD PD PD P Multi-Family Dwellings PD PD P Manufactured Housing PD PD PD PD P Mobile Home Parks PD PD PD PD PD Emergency Transitional Housir Congregate Care/Senior Permitted Residential Development by Zoning District Table H-34

4 second unit program by providing brochures and/or informational displays at the building permit counter second units and the process for obtaining approval. and other appropriate locations (with PDF versions for website distribution) detailing the benefits of its zoning code to allow second units by-right and to reduce required parking. The City will promote the In 2003, in response to state-mandated requirements and local needs, the City of Mission Viejo amended 62 HOUSING ELEMENT available and unencumbered 20% tax-increment set-aside funds of its redevelopment agency ) Funding Program. The City through its best efforts will provide funding assistance using all to promote the financial feasibility of homes affordable to lower income families. Development & Parking Incentives and Concessions. The City will provide various incentives and concessions for the identified parcels including, but not limited to, a reduction in the minimum setback and square footage requirements, and in the ratio of required offstreet parking spaces, and an increase in the building height limit and maximum lot coverage, Affordable Housing Outreach. The City will continue to market the parcels to non-profit housing developers and provide technical assistance for development review process, and coordinate discussions between property owner, non-profit developer, and various governmental agencies. The City will also continue to market the incentives and concessions prepared a marketing package for the City-owned site, and City staff has had numerous workers and seniors, including extremely-low-income persons where feasible. The City has meetings and discussions with interested developers and non-profit corporations. Staff has Communities, a coalition of housing and community advocates with the primary goal of increasing affordable homes in south Orange County. Other partners include Mission Hospital, the Kennedy Commission, some other local cities, and non-profit corporations including Mary Erickson Foundation, Dayle McIntosh Center, and OC Human Relations Commission. The City will host and co-sponsor an Orange County Housing Summit meeting awareness of the need for affordable housing. in spring 2009 to bring different group and decision makers together and help increase or funding become available. To further improve its affordable housing outreach efforts, the City of Mission Viejo has become an active participant in the Alliance for Housing Our also developed an interest matrix identifying which developers and non-profit corporations are interested in affordable housing sites to be able to contact them should new information to be offered to facilitate development of affordable rental housing for low-income families, and specifically targeted to the land inventory sites (Parcels A through C) described in the Land households, including those with extremely-low-incomes, various incentives and strategies are identified Inventory Summary (Appendix B). These targeted incentives and strategies are as follows: In order to successfully facilitate affordable housing development for lower-income persons and 9. Affordable Housing Outreach Program requires public sector support for the creation of units affordable to lower-income households. The following programs attempt to address the overall need for the development of affordable housing in Mission Viejo. New construction is a major source of housing for prospective homeowners and renters but generally Assisting in the Development of Affordable Housing convert that space into another unit. units can also help people generate additional income from extra living space by allowing them to

5 encourage such development in this planning period. This program will also provide advice Credit Allocation funding. additional financing. The City will apply or assist in the application of funds for State and Federal funding programs such as the Multi-family Housing Program, and California Tax to potential non-profit organizations and developers regarding locating and acquiring July HOUSING ELEMENT City funds, as described in the Funding Program, will be used to leverage other sources of selected to work cooperatively with the City to pursue an affordable housing development.. qualified developers of affordable housing. Based on proposals received, a developer will be Affordable Housing RFP. In 2009 the City will circulate a request for proposals (RFP) to subsidy required to provide units at the ELI level is much greater than for other lower-income groups, and that more units can be assisted at the very-low- and low-income levels with a given amount of funding. Extremely-low-income housing. To the extent feasible, the City will encourage developers to include units affordable to extremely-low-income (i.e., those with 30% or less of Area Median Income) in affordable housing projects in order to achieve the City s quantified objective of 17 ELI units in this planning period (Table H-39). It is recognized that the Parcel C. _m owns Parcel C and controls the sale of the property. The City will sell the land and shall for the development in accordance with the above analysis and implementation section under implement a schedule of actions to ensure that suitable and feasible land is made available Land Value Negotiation. As described in Appendix B, Land Inventory Summary, the City land dedication as it typically does in such cases. This program commits the City to purchase or otherwise mitigate the impact of the right-of-way issue (either on the number of units or consider purchasing right-of-way from the property owner/developer instead of requiring a facilitate multi-family rental development affordable to lower income families, the City will financial feasibility) to facilitate development in the planning period. (Parcel B Only) Right-of-Way Purchase. With the potential widening of Oso Parkway at Parcel B, and to not unnecessarily constrain affordable housing. The City will work with interested Remove Governmental Constraints. The City will ensure standards are not excessive and do development of affordable housing. developers to determine the need and remove or modify standards to facilitate the and address Who Needs Affordable Housing? and What is Low Income? The program housing. The aim of the program is to help foster and build support for affordable housing shelters ads), media outreach, and public forums such as tours of existing affordable Affordable Housing Education Program. The City will continue to maintain an ongoing Affordable Housing Education Program to provide education and facts on affordable incorporates various formats including printed materials (fact sheets, brochures, and bus developments. Development Fees. For affordable housing projects proposed on these parcels, the City will provide a fee waiver or subsidy. and/or CDBG funds for projects affordable to low-, very-low-, and extremely-low-income persons and families (affordable housing) proposed on these and other suitable parcels to

6 The City is committed to working with qualified developers and non-profit corporations to ensure high (i) and (h) in 2007 with a minimum density of 20 units per acre. of Mission Viejo to permit residential development by-right in accordance Government Code Sections quality affordable housing for the community. As described above, Parcels A-C were rezoned by the City I 64 HOUSING ELEMENT Senate Bill 2 also specifies that transitional and supportive housing shall be treated as a residential use facilities have been permitted in the past, the City will amend the Municipal Code in 2009 to include a conformance with SB 2. with only those requirements that apply to other residential uses in the same district. As noted in Chapter specific definition for transitional and supportive housing and establish standards and procedures in II, several transitional housing units have been established in Mission Viejo. Although these types of Maximum number of beds or persons permitted to be served nightly by the facility; Off-street parking based upon demonstrated need, provided that the standards do not require Size and location of exterior and interior on-site waiting and client intake areas; Length of stay; Lighting; and Security during hours that the emergency shelter is in operation; more parking for emergency shelters than for other residential or commercial uses in the same more than 300 feet apart; Provision of on-site management; Proximity to other emergency shelters, provided that emergency shelters are not required to be zone; zone as an appropriate district for emergency shelters (see Exhibit B-2 in Appendix B). Sites within this zone are located within walking distance of shopping, medical, civic offices, employment and public zone has been reviewed, this analysis will be refined during the Code amendment public review process and the City Council may identify a different district that is deemed more appropriate for emergency shelters. The Code amendment will include the analysis and findings required by SB 2, including specific are permitted by-right, along with specific development standards, in conformance with the provisions of The issue of homelessness is a complex statewide issue. In 2007, Senate Bill (SB) 2 amended state law regarding emergency shelters and transitionallsupportive housing. SB 2 generally requires that emergency shelters be permitted by-right in at least one zoning district, or that jurisdictions enter into a development standards, the availability of sites in suitable locations near services and facilities, and will demonstrate that proposed permit processing, development, and management standards encourage and multi-agency agreement to deal with this issue more broadly. The City will amend the Municipal Code within one year of Housing Element adoption, including designation of at least one zone where shelters Senate Bill 2. Based on a preliminary assessment, the City has tentatively identified the Business Park transportation. The Business Park zone encompasses more than 165 acres and there are currently some vacant parcels and buildings in these zones that could accommodate shelters. While the Business Park standards for emergency shelters shall be the same as for other residential or commercial development within the same zone except that such standards may include the following: facilitate the development of, or conversion to, emergency shelters. Development and management 10. Emergency Shelters, Transitional and Supportive Housing funding such as Low Income Housing Tax Credits or state Multi-Family Housing Program (MHP) grant funds.

7 1. Units Built summarized in Table B-i. The detailed assumptions and methodology for the residential land inventory are provided below and 87 HOUSING ELEMENT identified hereafter as Sites A through C, is provided below: A detailed description of programmatic commitment and site analysis for each of the three sites, The City has had inquiries by developers for residential development on all three potential housing sites. The City will immediately encourage and pursue family rental housing developments on the identified a density bonus for qualifying projects to promote the financial feasibility of homes affordable to lowerincome families and workers. The City s intent is to facilitate the development of affordable housing, surrounding land uses and neighborhoods. enable the City to meet its housing goals, and ensure that affordable developments are compatible with sites for lower-income households, shall provide funding and grant incentives and concessions as well as identified three potential vacant sites for development. These sites were rezoned in 2007 to permit residential development by-right in accordance with state law. In order to encourage additional construction of affordable multi-family rental housing, the City has Vacant Sites market. With the recent economic downturn, staff has received inquires from developers for both sites Development has not yet commenced on these projects primarily due to the decline in the housing regarding changing the product type to apartments. However, to date no applications have been submitted for new projects and the current approvals remain in place. The Aliso Ridge project has an permit which keeps the project approvals active. approved development agreement in place, and the Los Alisos Townhomes project has a current grading Two projects with affordable components were approved in recent years, but have not yet been built. The Aliso Ridge project contains a total of 144 units, with 17 very-low-income units and 5 low-income units required by covenants. The Los Alisos Townhomes project contains 250 units, of which 31 units will be restricted by covenant to very-low-income households and 7 will be for low-income households. Units that are not restricted by covenant for lower-income households have been assigned to the abovemoderate category based on market conditions since both projects are expected to be for-sale condominiums. Approved Projects potential 550 additional lower-income units. Table B-i and Figure B-i summarize approved projects and vacant parcels that can accommodate a 2. Approved Projects and Vacant Sites to SCAG s adopted RHNA methodology, units built after January 1, 2006 are credited against the total Table A-i (Appendix A) summarizes residential projects completed during 2006 and According RHNA allocation for this planning period. Appendix B Residential Land Inventory

8 Site A is a 2.74-acre vacant parcel located within and to the east of the Mission Foothill Marketplace the subject property to the west and south is the existing Mission Foothill Marketplace shopping center, is zoned RPD 30A and is designated in the General Plan Land Use Plan as Residential 30. Surrounding shopping center at Los Alisos Boulevard (Assessor Parcel No ). The property Site Description July HOUSING ELEMENT natural creek. Research shows that there is an ample supply of reclaimed water available to allow for the The site currently contains an irrigation pond for the golf course and is traversed by a privately-owned removal of the irrigation pond with no detriment to the Country Club. It is anticipated the pond would be drained, dredged, and re-compacted which is relatively straightforward from an engineering and feasibility standpoint. Analysis also shows that the most feasible means to develop the site is to develop around the natural creek which flows through the center of the site. Currently the creek is in a triple-box culvert under Oso Parkway which is directly adjacent to the site. This culvert could be extended through would result. The primary benefit of Site B is its prime location. Directly adjacent to the Mission Viejo Country Club, the site has a pristine setting, with potentially excellent arterial roadway access and for Sunrise Assisted Living that connects to Country Club Drive. The site is also close to commercial services and amenities, including a shopping center with major grocery store, as well as medical, dental, and child care facilities. In addition the site is close to public transportation services. Site Analysis and Implementation If the property were developed at a density of 30 dwelling units per acre, then a maximum of 213 units Parkway and Montanoso Drive, and a secondary access could be taken off a joint private access drive proximity to Interstate 1-5. Primary access to the site could be taken off a signalized intersection at Oso designated in the General Plan Land Use Plan as Residential 30. Surrounding the property to the south Site B is a 7.12-acre parcel adjacent to Oso Parkway at Montanoso Drive that is owned by Mission Country Club (portion of Assessor Parcel No ). The property is zoned RPD 30A and is and west is the Mission Viejo Country Club clubhouse and golf course, to the east is Sunrise Assisted from Mission Viejo Country Club have expressed interested in selling off the lower parking lot of the country club and the irrigation pond near #10 tee for high density residential use. The property is located within the Capistrano Unified School District and the Moulton Niguel Water District. Living, and to the north across Oso Parkway are additional golf course holes. Since 2004, representatives Site Description SITE B center. Also, as noted, the site lies directly adjacent to commercial services and amenities, including a were noted for this site. in conjunction with the existing shopping center, and no significant grading operation would be required. In addition, site access and major infrastructure and utilities are currently in place to serve the shopping developed on the site. Benefits of Site A include the fact that the site has previously been rough graded major grocery store and child care facility. No obvious factors that could negatively impact feasibility If the site were developed at 30 units! acre as permitted by the zone, then a total of 82 units could be Site Analysis and Implementation the Santa Margarita Water District. retirement community. The property is located within the Saddleback Valley Unified School District and to the east is the Ayres Suites Hotel, and to the north is the Foothill Transportation Corridor and further to the north is the Upper Oso Reservoir. Further to the south across Los Alisos Boulevard is the Palmia SITE A

9 m) SITE C provided for maintenance access to the creek. Preliminary development site plans have highlighted this feature as a natural amenity for the site. Understanding that there are unique mitigation costs given the nature of this site, the City will work with interested developers to remove barriers and physical constraints, and provide funding and incentives as detailed below to help ensure the availability and development of the site for housing affordable to lower income families in the planning period. actions to ensure that suitable and feasible land is made available for development in the planning period. This includes subdividing the land and actively marketing at least a portion of the 8.5-acre site to non profit housing developers in stride with the City s remaining share of the regional housing need. The site provide funding assistance from its RDA set-a-side, priority processing, fee waivers and shall grant other incentives and concessions to encourage the development of affordable rental housing for low income families and workers. As property owner of the site, the City will work with developers of housing affordable to lower income families to donate! write down the land value to zero, thereby removing the major barrier to affordable housing development. The City shall also ensure a portion of the land is available for affordable rental housing, and shall provide additional incentives and strategies as identified below in the Incentives and Strategies. To promote a high level of certainty for development on Site C, the City shall implement a schedule of The primary benefit of this site is that it is owned by the City, which therefore controls the sale and asking price of the property. Other benefits include the site s proximity to existing access off Hillcrest proximity to various commercial centers, child care facilities, and public transportation services. Site Drive or Center Drive, and the spectacular scenic vistas over the Arroyo Trabuco open space and golf course. The site also has the potential to provide direct access to Saddleback College, and is in close constraints relate to secondary access limitations and possible environmental issues. A detailed previously, the City owns the property and will control the sale of the land. With the express goal of City shall use its best efforts to provide the land in a manner that will ensure feasibility for affordable rental housing. environmental analysis would be required in conjunction with a proposed project. However, as noted achieving a high quality affordable housing development available to all segments of the community, the Site Analysis and Implementation If the property were developed at a density of 30 dwelling units per acre, then 255 units would result. owns a 37-acre (approx.) site, but an 8.5-acre area at the northerly portion of this property will be Plan Land Use Plan as Residential 30. Surrounding the property to the north, east, and south is existing Site C is located on City-owned land directly adjacent to and southeasterly of the City s Animal Service and Trabuco Creek. To the west is the City s Animal Services Center and Saddleback College. The Site Description Center off Center Drive, and easterly of Saddleback College (Assessor Parcel No ). The City designated for residential development. The property is zoned RPD 30A and is designated in the General open space area known as the Arroyo Trabuco. Further to the north is a business park that takes access off of Hillcrest Drive and Center Drive. Further to the south and east is the Arroyo Trabuco Golf Club property is located within the Capistrano Unified School District and the Santa Margarita Water District. developing the entire 37 site with a hotel and residential use. the development is engineered to give 100-year flood protection to the units and that ample room is the site, however, this would be expensive and is not necessary from an engineering standpoint as long as In 2004, the City received unsolicited proposals from three developers who expressed interest in is 8.5 acres, and if developed at 30 dwelling units per acre, then 255 units would result. The City shall 89 HOUSING ELEMENT July

10 Housing Skes Mission Viejo Exhibit B-i Location Map - Vacant Sites 92 HOUSING ELEMENT 4 Legend st I uri. 5S UflII Ma Geiwty. 30 d.icr 5 Ppid Zcnng: PO 30Renl i0mr! t,mim C fler Praa 2rirg JRPD 3(9l Ped Cçmri Apu. 712 MV.yCunItyChi Sd 7v / Aaxb:ducg r CtZmr. CM (Cc3rnmic tqha) Mo4 Ma1 I City of Mission Viejo Housing Element Appendix B Residential P cpw.3 zc FIPP (Reai4enai PIar D&un-enL cl tent Zunlr M L! Ci.crer4 RenJ City Bowiclary Land Inventory