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Aliso Viejo council revokes conditional use permit for county mental‑health clinic after county says it will self‑permit

Aliso Viejo City Council · April 16, 2025
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Summary

The council voted to revoke a conditional use permit for an Orange County Health Care Agency outpatient mental‑health clinic after staff said the county rescinded the city’s permit and said it would self‑permit interior work and operate under sovereign immunity. Council discussed limited enforcement options and potential litigation.

Aliso Viejo City Council voted to revoke a conditional use permit for an Orange County Health Care Agency (OCHCA) outpatient mental‑health clinic after staff said the county rescinded the city’s permit and told the city it would self‑permit tenant improvements and operate under sovereign immunity.

So Kim, the city’s community development director, told the council that the city adopted a conditional use permit in December 2024 to allow OCHCA to relocate to 27141 Aliso Creek with additional conditions including a security plan, assignment of a monitoring sheriff, a designated indoor waiting area and a quarterly review of the permit conditions. "Staff is recommending that the council revoke the permit on the grounds that one or more of the conditions upon which such approval was granted have been violated," So Kim said, and added that the county submitted a letter saying it would proceed with interior remodeling and operation "without the city's CUP or building permits."

The recommendation followed the county’s notice that it intended to self‑permit the tenant improvements and operate the site without seeking the city’s discretionary approvals. So Kim said staff administratively closed the building permit application at the county’s request and that the county had not submitted comments in response to the city’s notice of intent to revoke the CUP.

Council members asked what enforcement options the city had. Scott (staff) said the county had "indicated that it's going to self permit and to build out this facility without recognition or consideration of the city code or any permits from the city," and that the city could seek a writ of mandate or other litigation but that such action would be expensive and uncertain. The council discussed requesting county permitting records through public‑records channels to confirm scope and compliance.

After the public hearing was opened and closed with no speakers, a motion to approve staff’s recommendation to revoke the CUP was made, seconded and approved by voice vote. The city did not receive comments from the county in response to its notice prior to the vote, according to So Kim.

The council did not take further operational steps at the meeting; staff said next actions could include records requests and potential legal review. The council’s revocation resolves the city’s discretionary approval but — based on the county’s stated intent to self‑permit — does not guarantee the county will not proceed to open or operate the clinic without the city’s permits. The city may consider legal remedies if it pursues enforcement.