Aliso Viejo City Council
November 16, 2022

1 AGENDA

ALISO VIEJO CITY COUNCIL
WEDNESDAY, NOVEMBER 16, 2022
7:00 PM REGULAR MEETING

City Hall
Council Chambers
12 Journey
Aliso Viejo, CA

Mayor Ross Chun
Mayor Pro Tem Richard W. Hurt
Councilmember Tiffany Ackley
Councilmember David C. Harrington
Councilmember Mike Munzing

SPECIAL NOTICE REGARDING COVID-19

On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID -19. On September 16, 2021, Assembly Bill 361 (AB 361) was signed by Governor Newsom, to allow for the City Council to attend City Council meetings telephonically and for the public to participate in the City Council meeting by electronic means.

Given the health risks associated with COVID-19, state and local officials are recommending measures to promote social distancing; therefore, the City of Aliso Viejo will not have the Council Chambers open to the public for this meeting. Members of the public may access the meeting live using any of the following sources:

• Cox Communications Channel 851
• AT&T U-Verse Channel 99
• Online at www.avcity.org/agendas
• Online via GoToWebinar at https://attendee.gotowebinar.com/register/6269364051548874764

Staff anticipates a return to in-person City Council meetings to occur in December 2022.

Public comments may be submitted by calling (949) 425-2509 to leave a recorded message by 4:00 pm on the day of the meeting or via email to [email protected]. Alternatively, public comments may be submitted by logging onto the meeting through this link and using the “Raise Hand” feature:
https://attendee.gotowebinar.com/register/6269364051548874764. Comments are limited to three minutes each.

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WELCOME to the City of Aliso Viejo City Council meeting.

It is the City’s intention to comply with the Americans with Disabilities Act (ADA). If you need special assistance to participate in the meeting, the City will make reasonable arrangements to ensure accessibility and/or accommodations. [28 CFR 35.102-35.104 ADA Title II] Please contact the City Clerk’s Office at (949) 425-2505 at least 48 hours prior to the meeting.

Regular meetings of the City Council are held on the first and third Wednesday of the month at the City Hall Council Chambers, 12 Journey, Aliso Viejo. Copies of the agenda are available in the lobby at City Hall on the Thursday preceding a regularly scheduled City Council meeting. All communications received by the City regarding an agenda item have been included in the agenda materials. Supplemental documents relating to specif ic agenda items, including communications received after agenda delivery, are presented at the dais and in the Public Copy agenda binder at the time of the meeting. Supplemental documents are also available for review in the City Clerk’s office, 12 Journey, Aliso Viejo. For more information, please contact City Hall at (949) 425-2505.

This meeting will be broadcast live on Cox Communications Channel 851, AT&T U -Verse Channel 99 and the City's website. By attending the City Council Meeting, you are giving your permission to be televised. The Council Meetings are rebroadcast on Wednesday at 7:00 p.m. on Cox Communications Channel 851, AT&T U -Verse Channel 99, and can be viewed on the internet at www.avcity.org.

DAVID A. DOYLE SCOTT C. SMITH MITZI ORTIZ

CITY MANAGER CITY ATTORNEY CITY CLERK

PLEASE SILENCE ALL CELL PHONES AND OTHER

ELECTRONIC EQUIPMENT WHILE CITY COUNCIL IS IN SESSION

CALL TO ORDER: CONVENE REGULAR MEETING

ROLL CALL

PLEDGE OF ALLEGIANCE:

1. SPECIAL PRESENTATIONS:

1.1. RECOGNITION OF SUPERNOVA AWARD RECIPIENTS - BOY SCOUTS OF AMERICA

EL CAMINO REAL DISTRICT
Certificate of Recognition - Alexandra Nottage
Certificate of Recognition - Christian Guerrero (1)
Certificate of Recognition - Christian Guerrero (2)

1.2. TRUSTED PARTNER - ALISO VIEJO COMMUNITY ASSOCIATION Certificate of Recognition

2. ADDITIONS, DELETIONS, REORDERING TO THE AGENDA:

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3. COMMUNITY INPUT:

Members of the public wishing to address the City Council can submit public comments by calling (949) 425- 2509 to leave a recorded by 4:00 pm on the day of the meeting or via email to [email protected]. Written comments will be read into the record and recorded messages will be aired during the meeting. Alternatively, public comments may be submitted by logging onto the meeting t hrough this link and using the “Raise Hand” feature: https://attendee.gotowebinar.com/register/6269364051548874764. Comments are limited to three (3) minutes each. In compliance with the Brown Act, no discussion or action may be taken on comments received at this time, except the City Council may briefly respond to statements made or questions posed.

4. CONSENT CALENDAR:

All matters listed on the Consent Calendar will be acted upon by one vote unless members of the City Council, or staff request a matter to be discussed and/or removed from the Consent Calendar for separate action. Items removed from the Consent Calendar wi ll be discussed and voted upon immediately following City Council action on the remainder of the Consent Calendar.

4.1. WAIVE THE READING OF ALL ORDINANCES AND RESOLUTIONS Recommended Action: Approve the reading by title only of all ordinances and resolutions wherein the titles appear on the public agenda; said titles shall be determined to have been read by title, and further reading is waived.

4.2. RESOLUTION EXTENSION AUTHORIZING VIRTUAL C ITY COUNCIL MEETINGS PURSUANT TO ASSEMBLY BILL 361
Recommended Action: Move to reconfirm findings under Assembly Bill 361 and extend Resolution No. 2021-27 to continue virtual City Council meetings.

Staff Report
Attachment 1 - Resolution No. 2021-27

4.3. APPROVAL OF MINUTES
Recommended Action: Approve the Minutes as submitted for the November 2, 2022 Special Meeting and the November 2, 2022 Regular Meeting.

Draft Minutes - November 2, 2022 Special Meeting
Draft Minutes - November 2, 2022 Regular Meeting

4.4. TREASURER’S STATEMENT – SEPTEMBER 2022
Recommended Action: Approve September 2022 Treasurer’s Statement.

Staff Report
Attachment 1 - Sep'22 Treasurer's Report

4.5. THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH CIVIC SOLUTIONS, INC. TO PROVIDE PLANNING CONSULTING SERVICES Recommended Action: Approve and authorize the City Manager to execute a Thir d Amendment to the Professional Services Agreement with Civic Solutions, Inc. for planning 3 4
consulting services to increase the total compensation by an amount not to exceed $50,000 and extend the term to June 30, 2022.

Staff Report
Attachment 1 - Original Agreement
Attachment 2 - Third Amendment

4.6. RESOLUTION AUTHORIZING THE CITY ENGINEER TO EXECUTE ALL RIGHT-OF-

WAY CERTIFICATIONS AND OTHER DOCUMENTS FOR ALL STATE AND/OR

FEDERALLY FUNDED PROJECTS
Recommended Action: Adopt a Resolution authorizing the City Engineer to execute all right-of-way certifications and other documents for all state and/or federall y funded projects and to sign all state and/or federal funding documents associated with grant funding allocations between the City of Aliso Viejo and the State of California.

Staff Report
Attachment 1 - Resolution

5. PUBLIC HEARINGS:

5.1. REQUEST TO APPROVE AN AMENDMENT TO SPECIFIC PLAN NO. 2 AND A

DEVELOPMENT AGREEMENT TO ALLOW FOR THE SALES AND SERVICE OF NON- INTERNAL COMBUSTION ENGINE VEHICLES (SP-2022-0001 AND DA -2022-00001), A CONDITIONAL USE PERMIT TO ALLOW TESLA MOTORS, INC. TO OPERATE AT 26501 ALISO CREEK ROAD (USE -2022-00009), AND DETERMINE THE PROJECT IS CATEGORICALLY EXEMPT FROM CEQA UNDER CLASS 32
Recommended Action:

1. Open and conduct a public hearing;

2. Find that the Project is exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15332 (Infill Development);

3. Introduce and approve for first reading an Ordinance (Attachment 1 ) entitled: AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA, TO AMEND SPECIFIC PLAN NO. 2 FOR THE COMMONS AT ALISO

VIEJO TOWN CENTER AND DETERMINE THE PROJECT TO BE CATEGORICALLY EXEMPT FROM CEQA UNDER CLASS 32 (PLANNING APPLICATIO N SP -2022- 00001);

4. Introduce and approve for first reading an Ordinance (Attachment 2) entitled: AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO,

CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ALISO VIEJO AND VALUEROCK ALISO VIEJO, LLC FOR SPECIFIC PLAN NO. 2 (THE COMMONS AT ALISO VIEJO TOWN CENTER) PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65864 ET SEQ. AND DETERMINE THE PROJECT TO BE CATEGORICALLY EXEMPT FROM CEQA UNDER CLASS 32 (PLANNING APPLICATION DA-2022-00001); and

5. Adopt a Resolution (Attachment 3) approving a Conditional Use Permit for Tesla Motors, Inc. to sell, lease, and service its vehicles at 26501 Aliso Creek Road and determine the project to be categorically exempt from the California Environmental Quality Act under Class 32 (PLANNING APPLICATION USE-2022-00009). 4 5
Staff Report
Attachment 1 - SPA Ordinance
Attachment 2 - DA Ordinance
Attachment 3 - CUP Resolution
Attachment 4 - Applicant Letter
Attachment 5 - Tesla Letter
Attachment 6 - Project Plans
Attachment 7 - Traffic Memorandum
Attachment 8 - Presentation

5.2. SECOND READING AND ADOPTION OF AN ORDINANCE TO ADOPT UPDATED 2022

BUILDING CODES
Recommended Action:

1. Find that the Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15378(a) and 15061(b)(3) as the activity does not qualify as a project and is covered by the general rule that CEQA applies only to projects which have the potential for causing significant effect on the environment.

2. Conduct a public hearing to consider and adopt an Ordinance entitled: AN

ORDINANCE OF THE CITY COUNCIL OF THE CIT Y OF ALISO VIEJO, CALIFORNIA, AMENDING CHAPTERS 13.02 & 13.04 OF TITLE 13 OF THE ALISO

VIEJO MUNICIPAL CODE AND ADOPTING BY REFERENCE THE FOLLOWING MODEL CODES INTO THE ALISO VIEJO MUNICIPAL CODE: (1) CALIFORNIA BUILDING CODE, VOLUMES 1 & 2, 2022 EDITION; WITH AMENDMENTS; (2) CALIFORNIA ELECTRICAL CODE, 2022 EDITION; (3) CALIFORNIA PLUMBING CODE, 2022 EDITION; (4) CALIFORNIA MECHANICAL CODE, 2022 EDITION; (5) INTERNATIONAL PROPERTY MAINTENANCE CODE; 2021 EDITION (6) CALIFORNIA ADMINISTRATIVE CODE, 2022 EDITION; (7) CALIFORNIA ENERGY CODE, 2022 EDITION; (8) CALIFORNIA REFERENCED STANDARDS CODE, 2022 EDITION; (9) CALIFORNIA EXISTING BUILDING CODE, 2022 EDITION (10) CALIFORNIA RESIDENTIAL CODE, 2022 EDITION; WITH AMENDMENTS; (11) CALIFORNIA GREEN BUILDI NG STANDARDS CODE, 2022 EDITION; AND (12) CALIFORNIA FIRE CODE, 2022 EDITION, WITH AMENDMENTS.

Staff Report
Attachment 1 - Ordinance

5.3. APPLICATION FOR THE PERMANENT LOCAL HOUSING ALLOCATION (PLHA)

FUNDING FROM THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY

DEVELOPMENT FOR ELIGIBLE HOUSING-RELATED PROJECTS AND PROGRAMS Recommended Action: Conduct a public hearing and adopt a resolution authorizing the application submittal for the Permanent Local Housing Allocation (PLHA) funding from the California Department of Housing and Community Development for housing -related eligible activities.

Staff Report
Attachment 1 - Resolution
Attachment 2 - PLHA Plan

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6. DISCUSSION:

6.1. SECOND AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT Recommended Action: Approve the Second Amendment to Employment Agreement between the City of Aliso Viejo and David A. Doyle.

Staff Report
Attachment 1 - Second Amendment
Attachment 2 - Agreement and First Amendment

7. CITY MANAGER' S REPORT:

8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:

9. ADJOURNMENT:

The next regularly scheduled City Council meeting is December 7, 2022.

6 Certificate of Recognition
Presented to
Alexandra Nottage

Whereas, the Boy Scouts of America program offers the Dr. Bernard Harris Supernova Award to excite and expand a sense of wonder in our S couts and inspires those who enjoy a super STEM challenge; and

Whereas, Alexandra Nottage has worked very hard toward achiev ing th e Dr.

Bernard Harris Supernova Award completing requirements above and beyond her Scout rank; and

Whereas, fostering a strong STEM education is our best opportunity to boost the spirit of innovation; and

Whereas, STEM literacy is also critical because it has a profound and growing impact on our day-to-day lives; and

Whereas, nature, space exploration, and any STEM -related interest reveals to us the beauty and power of the world we inhabit;

Now Therefore, on behalf of the City Council of the City of Aliso Viejo, I do hereby extend this Certificate of Recognition to Alexandra Nottage and congratulate her on attaining the Dr. Bernard Harris Supernova Award.

Presented this 16th day of November, 2022

Ross Chun, Mayor
7 Certificate of Recognition
Presented to
Christian J. Guerrero

Whereas, the Boy Scouts of America program offers the Dr. Bernard Harris Supernova Award to excite and expand a sense of wonder in our S couts and inspires those who enjoy a super STEM challenge; and

Whereas, Christian J. Guerrero has worked very hard toward achieving th e Dr.

Bernard Harris Supernova Award completing requirements above and beyond his Scout rank; and

Whereas, fostering a strong STEM education is our best opportunity to boost th e spirit of innovation; and

Whereas, STEM literacy is also critical because it has a profound and growing impact on our day-to-day lives; and

Whereas, nature, space exploration, and any STEM -related interest reveals to us the beauty and power of the world we inhabit; and

Now Therefore, on behalf of the City Council of the City of Aliso Viejo, I do hereby extend this Certificate of Recognition to Christian J. Guerrero and congratulate him on attaining the Dr. Bernard Harris Supernova Award.

Presented this 16th day of November, 2022

Ross Chun, Mayor
8 Certificate of Recognition
Presented to
Christian J. Guerrero

Whereas, the Boy Scouts of America program offers the Thomas Alva Edison Supernova Award to excite and expand a sense of wonder in our S couts and inspires those who enjoy a super STEM challenge; and

Whereas, Christian J. Guerrero has worked very hard toward achieving th e Thomas Alva Edison Supernova Award completing requirements above and beyond his Scout rank; and

Whereas, fostering a strong STEM education is our best opportunity to boost th e spirit of innovation; and

Whereas, STEM literacy is also critical because it has a profound and growing impact on our day-to-day lives; and

Whereas, nature, space exploration, and any STEM -related interest reveals to us the beauty and power of the world we inhabit; and

Now Therefore, on behalf of the City Council of the City of Aliso Viejo, I do hereby extend this Certificate of Recognition to Christian J. Guerrero and congratulate him on attaining the Thomas Alva Edison Supernova Award.

Presented this 16th day of November, 2022

Ross Chun, Mayor
9 Certificate of Recognition

Presented to

ALISO VIEJO COMMUNITY

ASSOCIATION

Trusted Partner Supporting the
City of Aliso Viejo

November 2022

Presented this 16th day of November, 2022

Ross Chun, Mayor
10 City of Aliso Viejo

AGENDA ITEM
DATE: November 16, 2022
TO: Mayor and City Council
FROM: Mitzi Ortiz, Director of Government Services
SUBJECT: RESOLUTION EXTENSION AUTHORIZING VIRTUAL CITY COUNCIL MEETINGS PURSUANT TO ASSEMBLY BILL 361
Recommended Action:

Move to reconfirm findings under Assembly Bill 361 and extend Resolution No. 2021-27 to continue virtual City Council meetings.

Fiscal Impact:

None.

Background:

Assembly Bill 361 (“AB 361”), effective October 1, 2021, waives certain provisions of the Ralph M. Brown Act and allows legislative bodies to meet virtually until January 1, 2024, provided there is a state of emergency and either:

1. state or local officials have imposed or recommended measures to promote social distancing; or

2. the legislative body determines by majority vote that meeting in person would present imminent risks to the health and safety of attendees.

Under AB 361, the City is not required to allow public access at teleconference locations; however, the City must provide access to meetings via a call-in option or internet-based service option so that members of the public may address the City Council in real time.

Additionally, every 30 days the City Council must reconsider the state of emergency and make the determination to continue meeting virtually in accordance with AB 361.

Discussion:

On October 20, 2021, the City Council adopted Resolution No. 2021-27 authorizing virtual City Council meetings under AB 361, having found and determined that (1) a state of emergency related to COVID-19 is currently in effect; (2) state and local officials have 11

recommended measures to promote social distancing in connection with COVID-19; and (3) due to the COVID-19 emergency, meeting in person would present imminent risks to the health and safety of attendees. At subsequent meetings, the City Council has reconfirmed the findings and extended the resolution pursuant to AB 361.

Staff will agendize this matter for consideration at each City Council meeting until such time as the state of emergency has been terminated or the City Council determines that conditions no longer exist to prevent meeting safely in person. Staff anticipates a return to in-person City Council meetings to occur in December 2022.

Staff recommends that the City Council reconfirm the findings in Resolution No. 2021-27 continue to exist and approve the extension of the resolution.

Attachment:

1. Resolution No. 2021-27
12

RESOLUTION NO. 2021-27

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO

VIEJO, CALIFORNIA, AUTHORIZING VIRTUAL CITY COUNCIL
MEETINGS PURSUANT TO ASSEMBLY BILL 361

WHEREAS, the Aliso Viejo City Council (“Council”) is committed to preserving and nurturing public access and participation in meetings of the Council; and

WHEREAS, with the exception of closed sessions, all meetings of the Council are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend and participate in the Council’s meetings; and

WHEREAS, starting in March 2020, in response to the spread of COVID-19 in the State of California, the Governor issued a number of executive orders aimed at containing the COVID-19 virus; and

WHEREAS, among other things, these orders wa ived certain requirements of the Brown Act to allow legislative bodies to meet virtually; and

WHEREAS, pursuant to the Governor’s executive orders, the Council has been holding virtual meetings during the pandemic in the interest of protecting the health and safety of the public, staff, and Councilmembers; and

WHEREAS, the Governor’s executive order related to the suspension of certain provisions of the Brown Act expires on September 30, 2021; and

WHEREAS, on September 16, 2021 the Governor signed Assembly Bill 361 (in effect as of October 1, 2021 – Government Code Section 54953(e)), which allows legislative bodies to meet virtually provided there is a state of emergency, and either (1) state or local officials have imposed or recommended measures to promote social distancing; or (2) the legislative body determines by ma jority vote that meeting in person would present imminent risks to the health and safety of attendees; and

WHEREAS, such conditions now exist in Orange County, specifically, a state of emergency has been proclaimed related to COVID-19, state and local officials are recommending measures to promote social distancing, and because of the ongoing threat of COVID-19, meeting in person would present imminent risks to the health and safety of attendees;

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

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference. 13

Section 2. Remote Teleconference Meetings. Consistent with the provisions of Government Code Section 54953(e), the Council finds and determines that (1) a state ofemergency related to COVID-19 is currently in effect; (2) state and local officials have recommended measures to promote social distancing in connection with COVID-19; and (3) due to the COVID-19 emergency, meeting in person would present imminent risks to the health and safety of attendees. Based on such facts, findings and determinations, the Council authorizes staff to conduct remote teleconference meetings of the Council under the provisions of Government Code Section 54953(e).

Section 3. Effective Date of Resolution. This Resolution shall take effect upon adoption and shall be effective for 30 days unless earlier extended by a majority vote of the Council in accordance with Section 4 of this Resolution.

Section 4. Extension by Motion. The Council may extend the application of this Resolution by motion and majority vote by up to 30 days at a time, provided that it makes all necessary findings consistent with and pursuant to the requirements of Section 54953(e)(3).

PASSED, APPROVED AND ADOPTED this 20th day of October, 2021.

Tiffany Ackley
Mayor
APPROVED AS TO FORM: ATTEST:

Scott C. Smith Mitzi Ortiz, MMC
City Attorney City Clerk
Mitzziiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii Ortiz,z,z,z,,z,z,z,z,,zz,zz,,,z,,z,,zz,,z,zz,,zz,z,zzzzz,z,,z,zzzz,,,zz,,,z,z,, MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMC City Clerk
14

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF ALISO VIEJO )
I, MITZI ORTIZ, City Clerk of the City of Aliso Viejo, California, DO HEREBY CERTIFY that foregoing Resolution No. 2021-27 was duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the 20th day of October 2021, by the following roll call vote, to wit:

AYES: Mayor Ackley, Mayor Pro Tem Chun, Councilmembers Harrington, Hurt and Munzing
NOES: None
ABSENT: None

MITZI ORTIZ, MMC

CITY CLERK
(SEAL)

MITZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZI ORTITITITITTITITTITITITITIITIITITITTITITITTITTITITITITTTITTITITITITTITITTTTTTITITITTTTITIITITITITITTTITITITTTITITITITTTTTITITTTTTTITTITTIITITTTITIITITITTIITTTITIITIITIIITTIITTITITIITTTTTTTITTTTTTTITITTTTTTTITTTTTTTTTTTTTTTTTTTTTTTTT ZZZ,ZZZZZZZZZZZZZZZZZZZZZ MMC

CITY CLERK
15

Special Meeting Minutes

CITY OF ALISO VIEJO

CITY COUNCIL MINUTES

SPECIAL MEETING
NOVEMBER 02, 2022, 6:30 P.M.

Council Chambers, City Hall, 12 Journey
Aliso Viejo, California
City Council conducted this meeting in accordance with California Government Code Section 54953(e)(2) and COVID-19 pandemic protocols.

CALL TO ORDER: Mayor Chun called the Special Meeting of the City Council of the City of Aliso Viejo to order 6:30 p.m.

ROLL CALL:

PRESENT: MAYOR ROSS CHUN (via teleconference)
MAYOR PRO TEM RICHARD HURT (via teleconference)
COUNCILMEMBER TIFFANY ACKLEY (via teleconference)
COUNCILMEMBER DAVID C. HARRINGTON (via teleconference)
COUNCILMEMBER MIKE MUNZING (via teleconference)
ABSENT: NONE
STAFF PRESENT: SCOTT C. SMITH, CITY ATTORNEY
PUBLIC COMMENTS:

None.

CLOSED SESSION:

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: City Manager

CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code section 54957.6
Agency designated representatives: Mayor and Mayor Pro Tem Unrepresented employee: City Manager
REPORT FROM CLOSED SESSION:

City Attorney Scott Smith stated no reportable action was taken. 16

Special Meeting Minutes
ADJOURNMENT: Mayor Chun adjourned the meeting at 6:42 p.m. to the November 2, 2022 Regular Council Meeting.

Respectfully submitted: Approved by:
________________________ ________________________

MITZI ORTIZ, MMC ROSS CHUN

CITY CLERK MAYOR
17

Regular Meeting Minutes

CITY OF ALISO VIEJO

CITY COUNCIL MINUTES

REGULAR MEETING
NOVEMBER 2, 2022, 7:00 P.M.

Council Chambers, City Hall, 12 Journey
Aliso Viejo, California
City Council conducted this meeting in accordance with California Government Code Section 54953(e)(2) and COVID-19 pandemic protocols.

CALL TO ORDER: Mayor Chun called the Regular Meeting of the City Council of the City of Aliso Viejo to order at 7:03 p.m.

ROLL CALL
PRESENT: MAYOR ROSS CHUN (via teleconference)
MAYOR PRO TEM RICHARD HURT (via teleconference)
COUNCILMEMBER TIFFANY ACKLEY (via teleconference)
COUNCILMEMBER DAVID C. HARRINGTON (via teleconference)
COUNCILMEMBER MIKE MUNZING (via teleconference)
ABSENT: NONE
STAFF PRESENT: DAVID A. DOYLE, CITY MANAGER
SCOTT C. SMITH, CITY ATTORNEY

MITZI ORTIZ, CITY CLERK

CHARLENE CHENG, MANAGEMENT ANALYST

ANN EIFERT, FINANCIAL SERVICES DIRECTOR

SHAUN PELLETIER, PUBLIC WORKS DIRECTOR

SO KIM, COMMUNITY DEVELOPMENT DIRECTOR

ELIZABETH MCCANN, BUILDING OFFICIAL

LIZZY MENDOZA, RECREATION & COMMUNITY SERVICES MANAGER

ISAAC AZIZ, INFORMATION TECHNOLOGY MANAGER
CAPT. SCOTT MERRILL, CHIEF OF POLICE SERVICES
PLEDGE OF ALLEGIANCE: Management Analyst Charlene Cheng led the pledge of allegiance.

REPORT FROM CLOSED SESSION:

City Attorney Scott Smith stated there was no reportable action. 18

Regular Meeting Minutes

1. SPECIAL PRESENTATIONS:

None.

2. ADDITIONS, DELETIONS, REORDERING TO THE AGENDA
None.

3. COMMUNITY INPUT:

1. Resident expressed support for school bond measure.

2. Resident expressed support for school bond measure.

3. Resident expressed support for school bond measure.

4. Julie Colombero expressed support for school bond measure.

5. Resident expressed support for school bond measure.

4. CONSENT CALENDAR:

Unless otherwise indicated below, the following pertains to all items on the Consent Calendar.

Motion: Mayor Pro Tem Hurt moved and Councilmember Munzing seconded to approve the recommended actions. Motion carried 5-0.

4.1. WAIVE THE READING OF ALL ORDINANCES AND RESOLUTIONS Recommended Action: Approve the reading by title only of all ordinances and resolutions wherein the titles appear on the public agenda; said titles shall be determined to have been read by title, and further reading is waived.

4.2. RESOLUTION EXTENSION AUTHORIZING VIRTUAL CITY COUNCIL MEETINGS PURSUANT TO ASSEMBLY BILL 361
Recommended Action: Move to reconfirm findings under Assembly Bill 361 and extend Resolution No. 2021-27 to continue virtual City Council meetings.

4.3. APPROVAL OF MINUTES
Recommended Action: Approve the Minutes as submitted for the October 19, 2022 Regular Meeting.

4.4. ACCOUNTS PAYABLE
Recommended Action: Ratify accounts payable checks and electronic funds transfers issued October 13, 2022, in the amount of $1,214,714.35. 19

Regular Meeting Minutes

4.5. DESIGNATION OF PRIVATELY OWNED PARKS AS CITY “DESIGNATED PARKS” PURSUANT TO ALISO VIEJO MUNICIPAL CODE CHAPTER 11.10
Recommended Action: Adopt Resolution No. 2022-27 entitled: A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA, ADOPTED PURSUANT TO ALISO VIEJO MUNICIPAL CODE CHAPTER 11.10 TO MAKE CERTAIN

PRIVATELY OWNED PARKS SUBJECT TO THE PROVISIONS OF MUNICIPAL CODE CHAPTER 11.10 (PARKS).

4.6. CONFLICT OF INTEREST CODE BIENNIAL REVIEW AND AMENDMENT Recommended Action: Adopt Resolution No. 2022-28 approving the amended Conflict of Interest Code, pursuant to the Political Reform Act, section 87303.

5. PUBLIC HEARINGS:

None.

6. DISCUSSION:

6.1. ORDINANCE TO ADOPT UPDATED 2022 BUILDING CODES
City Manager David Doyle introduced Community Development Director So Kim , who provided an overview. Building Official Elizabeth McCann provided additional information.

Staff responded to questions regarding solar energy regulations and grant funding.

Recommended Action:

1. Find that the proposed Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State CEQA guidelines, because it does not qualify as a project as there is no potential to result in either a direct or reasonably foreseeable indirect physical change in the environment; and

2. Introduce for first reading an Ordinance entitled: AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA, AMENDING CHAPTERS

13.02 & 13.04 OF TITLE 13 OF THE ALISO VIEJO MUNICI PAL CODE AND

ADOPTING BY REFERENCE THE FOLLOWING MODEL CODES INTO THE ALISO VIEJO MUNICIPAL CODE: (1) CALIFORNIA BUILDING CODE, VOLUMES 1 & 2, 2022 EDITION; WITH AMENDMENTS; (2) CALIFORNIA ELECTRICAL CODE, 2022 EDITION; (3) CALIFORNIA PLUMBING CODE, 2022 EDITION; (4) CALIFORNIA MECHANICAL CODE, 2022 EDITION; (5) INTERNATIONAL PROPERTY MAINTENANCE CODE; 2021 EDITION (6) CALIFORNIA ADMINISTRATIVE CODE, 2022 EDITION; (7) CALIFORNIA ENERGY CODE, 2022 EDITION; (8) CALIFORNIA REFERENCED STANDARDS CODE, 20 22 EDITION; (9) CALIFORNIA EXISTING BUILDING CODE, 2022 EDITION (10) CALIFORNIA RESIDENTIAL CODE, 2022 EDITION; WITH AMENDMENTS; (11) CALIFORNIA 20

Regular Meeting Minutes
GREEN BUILDING STANDARDS CODE, 2022 EDITION; AND (12) CALIFORNIA FIRE CODE, 2022 EDITION, WITH AMENDMENTS.

Motion: Councilmember Ackley moved and Councilmember Harrington seconded t o approve the recommended actions. Motion carried 5-0.

7. CITY MANAGER' S REPORT:

City Manager David Doyle announced registration for winter recreation classes; Health Fair & Flu Shot Clinic to be held from 9:00 a.m. to 11:00 a.m. on November 5, 2022 at Aliso Viejo Ranch; Mobile Library to be held from 2:30 p.m. to 3:30 p.m. on November 16, 2022 at Iglesia Park Community Center; Breakfast with Santa from 9:00 a.m. to 11:00 a.m. on December 16, 2022 at Aliso Viejo Ranch; and All is Bright Holiday Celebration and Tree Lighting Ceremony from 5:00 p.m. to 8:00 p.m. at December 1, 2022.

8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:

Councilmember Munzing:
 Attended AVCA Harvest Festival
 Attended Aliso Viejo Chamber of Commerce Evening with the Mayor  Attended Compass Bible Church Fall Fest
Councilmember Harrington:
 Congratulated Mayor Pro Tem Hurt on completion of Ironman Triathlon Councilmember Ackley:
 Participated in Principal for a Day
 Attended AVCA Harvest Festival
Mayor Pro Tem Hurt:
 Participated in Principal for a Day
 Announced OC Public Libraries Literacy Festival
Mayor Chun:
 Congratulated Mayor Pro Tem Hurt on completion of Ironman Triathlon  Commented on League of California Cities Orange County Division Election  Expressed appreciation to Aliso Viejo Chamber of Commerce for Evening with a Mayor  Attended Coffee with a Cop
 Participated in Principal for a Day
 Attended OCFA Board of Directors Meeting
 Attended Capriotti’s Sandwich Shop Grand Opening
 Hosted Pacific Grove Halloween Parade
 Commented on Native American Heritage Month
21

Regular Meeting Minutes

9. ADJOURNMENT: Mayor Chun adjourned the meeting at 7:40 p.m. to the regularly scheduled meeting of November 16, 2022.

Respectfully submitted: Approved by:
________________________ ________________________

MITZI ORTIZ, MMC ROSS CHUN

CITY CLERK MAYOR
22 City of Aliso Viejo

AGENDA ITEM
DATE: November 16, 2022
TO: Mayor and City Council
FROM: Ann Eifert, Director of Financial Services/City Treasurer SUBJECT: TREASURER’S STATEMENT – SEPTEMBER 2022
Recommended Action:

Approve September 2022 Treasurer’s Statement.

Fiscal Impact:

No Fiscal Impact
Background:

Per City policy, the Finance Department presents the monthly Treasurer’s Statement for the City Council’s review and approval. This statement shows the cash balances for the various funds, with a breakdown of bank account balances, investment account balances and the effective yield earned from investments.

Discussion:

The City’s portfolio consists of investments in Certificates of Deposits (CD), Medium Term Notes, US Treasury bonds, Federal Agency (Government Sponsored Enterprises (GSE)) bonds, Corporate Notes (CN), and Local Agency Investment Fund (LAIF). All funds invested with LAIF are available for withdrawal within 24 hours.

With Proposition 1A, the State does not have the ability to borrow from funds invested in LAIF. CD’s are insured by Federal Deposit Insurance Corporation (FDIC). FDIC is an independent agency created by Congress in 1933 to supervise banks, insure deposits, and help maintain a stable and sound banking system. Investments in agencies are backed by the implied guarantee of the U.S. government. All CN’s purchased are rated “AA” or better by a nationally recognized rating agency.

Interest is credited to the City’s bank account on a monthly basis. All deposits in excess of FDIC insurance limits are collateralized by the financial institution in accordance with government codes.
23

Fund transfers for capital projects and reimbursement of fiscal charges for the CFD 2005- 01 are completed on a quarterly basis.

Attachment:

1. Sep’22 Treasurer’s Statement
24 TREASURER'S MONTHLY CASH STATEMENT

BEGINNING TRANSFERS ENDING

BALANCE RECEIPTS DISBURSEMENTS IN (OUT) BALANCE
GENERAL FUND 4,180,033.72 $ 6,721,096.55 $ 5,944,838.58 $ 5,766,102.31 $ TCRF 78,264.08 $ 819.93 - (6,354.70) 72,729.31 GAS TAX FUND 814,791.25 $ 137,837.11 128,968.32 (560.00) 823,100.04 MEASURE M 1,348,867.97 $ 189,295.51 3,096.00 (232.50) 1,534,834.98 SB1-RMRA 844,365.39 $ 100,801.33 (1,299,610.31) (354,443.59) PUBLIC SAFETY GRANTS 119,056.13 $ 78,740.93 13,191.26 184,605.80 (1) AIR QUALITY IMPRVMNT FD 1,071,335.55$ 27,253.04 1,098,588.59 INTEGRATED WASTE MGMT FD 86,192.00$ 678.21 3,895.00 82,975.21 OTHER GRANTS (314,028.55) $ 160,000.00 (154,028.55) TECHNOLOGY GRANT 229,940.38 $ 2,146.57 3,305.13 228,781.82 DEVELOPMENT IMPACT 1,410,622.33 $ 1,166.57 44,472.89 1,367,316.01 FEDERAL GRANTS 2,849,530.05 $ 27,915.26 1,818,005.70 (819,775.62) 239,663.99 CITY FACILITY - AV CTR 179,753.40 $ 5.52 179,758.92 CITY FACILITY - AQUATIC CTR 88,789.57$ 180,757.91 195,218.42 74,329.06 STREET IMPROVEMENTS (999,671.10)$ 116,919.20 304,886.88 1,306,525.01 118,886.23 (2) CAPITAL IMPROVEMENTS (21,371.56)$ 21,371.56 7,495.50 7,495.50 - (2) STORM WATER 3,230.30 $ 5,932.30 2,702.00 - (2) COP CAPITAL - $ - (2) COP (8,274.33) $ 5,004.93 1,550.00 (4,819.40) AV RANCH FOUNDATION 100.00 $ 100.00
CFD 2005-01 (2,788.00) $ 6,923.06 7,693.06 (3,558.00) RENEWABLE FARMS 68,036.00 $ 27,496.35 59,774.50 35,757.85 COMMUNITY TRUST 7,540.68 $ 7,540.68
TOTALS 12,034,315.26 $ 7,806,229.54 $ 8,542,323.54 $ - $ 11,298,221.26$ SUMMARY OF CASH:

DEMAND DEPOSITS: GENERAL ACCOUNT 3,499,663.05 $

SAVINGS ACCOUNT: MONEY MARKET 25,714.40 $
INVESTMENTS: LOCAL AGENCY INVESTMENT FD 7,772,843.81 $
TOTAL CASH 11,298,221.26 $
Years to Maturity for September 2022 1.30
Weighted Average Yield for September 2022 2.080%
All investments are placed in accordance with the City of Aliso Viejo's Investment Policy.

The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expenditures.

Other monies held include Cash with Fiscal Agent, Investments, Payroll and AV Center. 29,257,285.38$ Cash With Fiscal Agent COPS/CFD 2005-01 3,144,055.59
Cash With Investment Advisor City Investments 24,316,218.88 AV Center 1,644,991.53
PR Account 149,169.38
Petty Cash 2,850.00
GRAND TOTAL OF CITY FUNDS 40,555,506.64 $
(1) Public Safety Grant includes the MDC and PVS Program Costs budgeted with SLESF funds. (2) Transfers in and out are done on a quarterly basis.

Street Improvements include the Slurry Seal, Traffic Management and Street Improvement Projects.

Capital Improvements include park and AV Ranch improvement projects.

Storm Water includes the Dairy Fork and Wood Canyon Emergent Wetland Project.

CITY OF ALISO VIEJO
September 30, 2022
25 Investment Type Original
Cost
Par
Value
Market
Value *
% of
Portfolio
Federal Agency Coupon Securities $ 7,227,174 $ 7,235,000 $ 7,033,386 22.52% LAIF $ 7,772,844 $ 7,772,844 $ 7,772,844 24.22%
Medium Term Notes $ 2,000,620 $ 2,000,000 $ 1,913,587 6.23% FDIC CDs $ 5,873,672 $ 5,880,000 $ 5,581,709 18.30%
Treasury Coupon Securities $ 9,214,753 $ 9,500,000 $ 9,123,045 28.72% Portfolio: $ 32,089,063 $ 32,387,844 $ 31,424,570 100.00% Years To Maturity 1.30
Weighted Average Yield 2.080%
*Market Values obtained from US Bank Treasury Division
City of Aliso Viejo
Portfolio Summay
As of 9/30/2022
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31 LAIF Regular Monthly Statement
https://laifms.treasurer.ca.gov/RegularStatement.aspx
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001

CITY OF ALISO VIEJO

DIRECTOR OF FINANCIAL SVCS/ CITY TREAS
12 JOURNEY , #100
ALISO VIEJO, CA 92656
Account Number: 98-30-007
September 2022 Statement
Tran Type Definitions
Effective
Date
Transaction
Date
Tran
Type Confirm
Number
Web
Confirm
Number Authorized Caller Amount
9/30/2022 9/29/2022 RW 1713834 1674171 ANN EIFERT -1,000,000.00 Account Summary
Total Deposit: 0.00 Beginning Balance: 8,772,843.81
Total Withdrawal: -1,000,000.00 Ending Balance: 7,772,843.81 32 September 1.513
August 1.276
July 1.090

0.00002057622201151

0.987125414
LAIF Earnings Ratio(2):

LAIF Fair Value Factor(1):

PMIA Daily(1): 0.99%

0.75LAIF Apportionment Rate(2):

PMIA Quarter to Date(1): 0.69%
311PMIA Average Life(1):

Treasuries

67.70%
Agencies

19.30%
Certificates of
Deposit/Bank Notes

5.93%
Time
Deposits

2.06%
Commercial
Paper

4.40%
Corporate
Bonds

0.24%
Loans

0.37%
Notes: The apportionment rate includes interest earned on the CalPERS Supplemental Pension Payment pursuant to Government Code 20825 (c)(1) and interest earned on the Wildfire Fund loan pursuant to Public Utility Code 3288 (a).

Source:
(1) State of California, Office of the Treasurer
(2) State of Calfiornia, Office of the Controller
PMIA Average Monthly
Effective Yields(1)
PMIA/LAIF Performance Report
as of 10/06/22
Daily rates are now available here. View PMIA Daily Rates Quarterly Performance
Quarter Ended 06/30/22
Chart does not include $4,017,000.00 in mortgages, which equates to 0.002%. Percentages may not total 100% due to rounding.

Pooled Money Investment Account
Monthly Portfolio Composition (1)
08/31/22
$229.3 billion
33 City of Aliso Viejo

AGENDA ITEM
DATE: November 16, 2022
TO: Mayor and City Council
FROM: So Kim, Director of Community Development
SUBJECT: THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH CIVIC SOLUTIONS, INC. TO PROVIDE PLANNING CONSULTING

SERVICES
Recommended Action:

Approve and authorize the City Manager to execute a Third Amendment to the Professional Services Agreement with Civic Solutions, Inc. for planning consulting services to increase the total compensation by an amount not to exceed $50,000 and extend the term to June 30, 2023.

Fiscal Impact:

The cost for the services provided under the third amendment is not to exceed $50,000.

Funds for this project are available in the adopted FY 2022-23 budget.

Background:

In April 2022, the City entered into a professional services agreement with Civic Solutions, Inc. to temporarily fill the vacancy of the Director of Community Development position. In July 2022, the City executed two consecutive amendments to the agreement to allow additional funding to 1) continue staffing the vacant Director of Community Development position and 2) staff a newly vacated Planner position.

Discussion:

The Director of Community Development position was filled in mid-August; however, the Planner position has remained vacant and continuously staffed by Civic Solutions, Inc.

Recently, another part-time staff member has left, leaving yet another vacancy in the department. While the recruitment for the Planner position is in the final stages, the department needs Civic Solutions, Inc to continue staffing the vacant positions to provide planning services without interruption.
34

Staff is recommending that the agreement term be extended to June 30, 2023, and the compensation amount for Civic Solutions, Inc. be increased by $50,000 to continue providing services, as needed, until the vacancies are filled.

Attachments:

1. Original Agreement with Civic Solutions, Inc.

2. Third Amendment with Civic Solutions, Inc.
35 36
37 38
39 40
41 42
43 44
45 46
47 48
49 50
51 52
53 54
55 56
57 58
59 60
61 62
63 64
65 66
67 60367.01100\33489405.1
- 1 -

CITY OF ALISO VIEJO

THIRD AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT

FOR PLANNING CONSULTANT SERVICES

1. PARTIES AND DATE.

This Third Amendment to the Professional Services Agreement for Planning Consultant Services (“Third Amendment”) is entered into on the ____ day of ________, 2022, by and between the City of Aliso Viejo (hereinafter referred to as the “City”) and Civic Solutions, Inc. , a corporation (hereinafter referred to as the “Consultant”). City and Consultant are sometimes collectively referred to herein as the “Parties.”

2. RECITALS.

2.1 Agreement. The Parties entered into an agreement entitled Professional Services Agreement for Planning Consultant Services dated April 21, 2022 (“Agreement”).

2.2 First Amendment. On July 5, 2022, the Parties amended the Agreement in order to supplement the scope of services to be provided by Consultant.

2.3 Second Amendment. On July 20, 2022, the Parties amended the Agreement to increase the total compensation under the Agreement by seventy-thousand dollars ($70,000) for a cumulative amount not to exceed one hundred twenty thousand dollars ($120,000).

2.4 Third Amendment. The Parties now desire to amend the Agreement to increase the total compensation under the Agreement by Fifty Thousand Dollars ($50,000) and extend the term of the Agreement to June 30, 2023.

3. TERMS.

3.1 Term.

The term of this Agreement shall be from April 22, 2022 to June 30, 2023, unless earlier terminated as provided herein. The City Manager shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than one additional one-year term.

3.2 Compensation.

Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "A" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred and Seventy Thousand Dollars ($170,000) ("Total Compensation") without written approval of the City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.” 68 60367.01100\33489405.1
- 2 -

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

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

From and after the date of this Third Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Third Amendment.

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

3.6 Counterparts. This Third Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
69 60367.01100\33489405.1
- 3 -

SIGNATURE PAGE FOR THIRD AMENDMENT TO PROFESSIONAL SERVICES

AGREEMENT FOR PLANNING CONSULTANT SERVICES BETWEEN THE
CITY OF ALISO VIEJO AND CIVIC SOLUTIONS, INC.

IN WITNESS WHEREOF, the parties have executed this Third Amendment to Agreement on this ____ day of __________, 2022.

CITY OF ALISO VIEJO
Approved:

By:

David Doyle
City Manager
ATTEST:

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

APPROVED AS TO COMPLIANCE

WITH BUDGET
By: _____________________________
Ann Eifert
Director of Financial Services
Civic Solutions, Inc., a corporation
[TWO SIGNATURES, President OR Vice
President AND Secretary OR Treasurer
REQUIRED]
By:

Its:

Printed Name:

By:

Its:

Printed Name:_________________________
70 60367.01100\33489405.1
- 4 -

CITY OF ALISO VIEJO

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

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

City/County/State Date
Name of Business Print Name
Signature
NOTE: THIS DECLARATION IS INCLUDED AS PART OF THE AGREEMENT AND MUST BE SIGNED AND ATTACHED HERETO.
71 60367.01100\33489405.1
- 5 -

CITY OF ALISO VIEJO

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

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

Name of Business Print Name
Signature
Date
72 EXHIBIT “A”

COMPENSATION
Fee Schedule
Position Hourly Rate
Principal Management Consultant $160
Principal Planner $145
Senior Planner $135
Associate Planner $120
Assistant Planner $110
The above hourly rates apply only to authorized services provided under the scope and contract, and do not apply to contract administration activities such as invoicing, contract performance discussions, etc. Work performed on a time and material basis will be billed monthly and will be due in accordance with the terms of the contract.

Reimbursable Expenses
 Reproduction of Plans
 Large duplication or document publishing projects
 Specialized graphic projects
 Messenger and overnight deliveries
When the above fee schedule is made part of an on-call contract, fees are subject to annual review and adjustments, unless otherwise specified in the consulting services agreement.
73 City of Aliso Viejo

AGENDA ITEM
DATE: November 16, 2022
TO: Mayor and City Council
FROM: Shaun Pelletier, City Engineer
SUBJECT: RESOLUTION AUTHORIZING THE CITY ENGINEER TO EXECUTE ALL

RIGHT-OF-WAY CERTIFICATIONS AND OTHER DOCUMENTS FOR ALL

STATE AND/OR FEDERALLY FUNDED PROJECTS
Recommended Action:

Adopt a resolution authorizing the City Engineer to execute all right-of-way certifications and other documents for all state and/or federally funded projects and to sign all state and/or federal funding documents associated with grant funding allocations between the City of Aliso Viejo and the State of California.

Fiscal Impact:

No Fiscal Impact.

Background:

On February 16, 2022 a resolution was adopted authorizing the Project List Submittal for Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA) Funding through the Orange County Transportation Authority 2021 Pavement Management Relief Funding Program and the City of Aliso Viejo has been allocated $200,000 under the PMRF program.

Discussion:

Section 17.08.14.11 of Chapter 17 of the Caltrans Right-of-Way Manual requires that the right-of-way certification must be executed by an authorized official of the City of Aliso Viejo. This resolution authorizes the City Engineer to execute these documents.

Environmental:

This Resolution is not subject to the California Environmental Quality Act (“CEQA”) because the Ordinance does not qualify as a “project” under CEQA and because the 74

Resolution will not result in a direct or reasonably foreseeable indirect physical change in the environment.

Attachment:

1. Resolution
75

RESOLUTION NO. 2022-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO

VIEJO, CALIFORNIA, APPROVING AND AUTHORIZING THE CITY

ENGINEER TO EXECUTE ALL RIGHT-OF-WAY CERTIFICATIONS AND

OTHER DOCUMENTS FOR ALL STATE AND/OR FEDERALLY FUNDED

PROJECTS AND TO SIGN ALL STATE AND/OR FEDERAL FUNDING

DOCUMENTS ASSOCIATED WITH GRANT FUNDING ALLOCATIONS

BETWEEN THE CITY OF ALISO VIEJO AND THE STATE OF

CALIFORNIA
WHEREAS, all federally funded, and state-funded projects require right-of-way certification prior to construction funding authorizations; WHEREAS, the California Department of Transportation (Caltrans) administers the federally funded, as well as the state-funded projects; and WHEREAS, pursuant to Section 17.08.14.11 of Chapter 17 of the Caltrans Right-of-Way Manual, “Right-of-Way” certification must be executed by an authorized official of the City of Aliso Viejo; and
WHEREAS, in accordance with said section of the Caltrans Right-of-Way Manual, a resolution giving a responsible agency official blanket authority to execute Right-of-Way certifications must be adopted by the City Council; and WHEREAS, prior to requesting authorization to advertise and award a construction contract, the local agency responsible for the project must prepare, sign, and submit a right-of-way certification to Caltrans.

NOW, THEREFORE, BE IT FURTHER RESOLVED, by the City Council of the City of Aliso Viejo does hereby find and determine as follows:
 The City Council hereby authorizes the City Engineer to execute all right-of-way certifications for all state and/or federally funded projects.  The City Council hereby authorizes the City Engineer to sign and submit all Funding Allocation Request letters and Documents for all state and/or federally funded projects.
 The City Clerk shall attest and certify to the passage and adoption of this Resolution, and it shall become immediately upon its approval. 76

PASSED, APPROVED AND ADOPTED this 16th day of November, 2022. ____________________________
Ross Chun
Mayor
ATTEST:
________________________________
Mitzi Ortiz, MMC
City Clerk
77 City of Aliso Viejo

AGENDA ITEM
DATE: November 16, 2022
TO: Mayor and City Council
FROM: So Kim, Director of Community Development
Rose Rivera, Senior Planner
SUBJECT: REQUEST TO APPROVE AN AMENDMENT TO SPECIFIC PLAN NO. 2

AND A DEVELOPMENT AGREEMENT TO ALLOW FOR THE SALES AND

SERVICE OF NON-INTERNAL COMBUSTION ENGINE VEHICLES (SP- 2022-0001 AND DA-2022-00001), A CONDITIONAL USE PERMIT TO ALLOW TESLA MOTORS, INC. TO OPERATE AT 26501 ALISO CREEK ROAD (USE-2022-00009), AND DETERMINE THE PROJECT IS
CATEGORICALLY EXEMPT FROM CEQA UNDER CLASS 32
Recommended Actions:

1. Open and conduct a public hearing;

2. Find that the Project is exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15332 (Infill Development);

3. Introduce and approve for first reading an Ordinance (Attachment 1) entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA, TO AMEND SPECIFIC PLAN NO. 2 FOR THE COMMONS AT ALISO

VIEJO TOWN CENTER AND DETERMINE THE PROJECT TO BE
CATEGORICALLY EXEMPT FROM CEQA UNDER CLASS 32 (PLANNING APPLICATION SP-2022-00001);

4. Introduce and approve for first reading an Ordinance (Attachment 2) entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO,

CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ALISO VIEJO AND VALUEROCK ALISO VIEJO, LLC FOR SPECIFIC PLAN NO. 2 (THE COMMONS AT ALISO VIEJO TOWN CENTER) PURSUANT TO
CALIFORNIA GOVERNMENT CODE SECTION 65864 ET SEQ. AND DETERMINE

THE PROJECT TO BE CATEGORICALLY EXEMPT FROM CEQA UNDER CLASS 32 (PLANNING APPLICATION DA-2022-00001); and
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5. Adopt a Resolution (Attachment 3) approving a Conditional Use Permit for Tesla Motors, Inc. to sell, lease, and service its vehicles at 26501 Aliso Creek Road and determine the project to be categorically exempt from the California Environmental Quality Act under Class 32 (PLANNING APPLICATION USE-2022-00009).

Background:

In 1993, the County of Orange approved the development of 26501 Aliso Creek Road (“Site”) and allowed Super K-Mart to occupy the entire building. In October 2003, the City approved Site Plan Amendment SPA03-19, which allowed for remodeling of the building and re-tenanting with Lowe’s Home Improvement and Michael’s craft store. In November 2005, the City Council adopted Ordinance No. 2005-080, which approved Specific Plan No. 2 for the Site (i.e. Commons at Aliso Town Center). The specific plan was developed to accommodate mixed-use development with retail, restaurant, and residential uses. In 2019, Lowe’s ceased business operations, and the remaining tenants recently vacated, leaving the Site underutilized. On July 20, 2022, the City Council approved a Site Development Permit (SPA-2022-00001) to update the Site, including exterior building modifications and site development. The applicant was issued applicable building permits and improvements are currently underway.

On July 25, 2022, Troy Thomas, on behalf of Valuerock, Aliso Viejo submitted Specific Plan Amendment, Development Agreement, and Conditional Use Permit applications, to allow certain automotive uses on the Site and for Tesla Motors, Inc. to sell, lease, and service its vehicles.

Discussion:

The Applicant requests a Specific Plan Amendment and a Development Agreement to allow for the sale, lease, and service of new electric or non-internal combustion engine vehicles in the Commons at Aliso Viejo Town Center (“Site”). The Specific Plan currently prohibits certain vehicle-related uses. The Applicant also requests a Conditional Use Permit to allow for Tesla Motors, Inc. to occupy a portion of the vacant building to sell, lease, and service its vehicles. Together, the Specific Plan Amendment, Development Agreement, and Conditional Use Permit constitute the “Project” for purposes of the California Environmental Quality Act.

Tesla Motors, Inc. is requesting to occupy a 53,660 square foot tenant space in an existing building for the sale and delivery of new vehicles and equipment, the sale and delivery of used vehicles as an accessory use, vehicle service and repair, and the installation of 22 charging stations with incidental service and repair. Eight of the 14 charging stations will be dedicated as public charging stations on site.

Specific Plan Amendment
The City’s General Plan was adopted by the City Council in 2004. The General Plan Land Use Element (“LUE”) identifies the subject site as “Town Center Commercial” and “High 79

Density Residential,” where higher intensity of professional office and residential development are allowed than in other parts of the City. The LUE further identifies the subject site as one of the five sites in the City with a "Community Benefit Overlay". The Community Benefit Overlay was established to allow "... alternative land uses to those shown on the map..." Subsequently, in 2005, the City adopted a Specific Plan for the subject site based on a concept plan and a 1998 pre-incorporation Master Development Agreement (“DA”) that identified permitted levels of development on the Site. The Specific Plan also includes a use table that identifies permitted and prohibited uses, which was based on the Master DA. The Master DA was terminated in 2008 and certain uses originally intended through the Specific Plan have been eliminated or replaced by other uses.

The proposed project includes a request for Tesla to occupy a portion of the vacant building to sell, lease, and service its vehicles on site. The Specific Plan prohibits such uses. To allow Tesla or other non-internal combustion engine vehicle companies to occupy the site, the following amendments to the Specific Plan are proposed (deleted text shown with strikethrough and new text shown with bold/underline fonts).

Page No. Section Proposed Amendment
IV-3 4.2 Definitions
Energy Facility - Any public or private processing,
producing, generating, storing, transmitting, or recovery facility for electricity, natural gas, petroleum, coal or other source of alternative energy.

IV-9 Table IV-1
(Use Table)
 Gas or charge station (associated footnote is also
proposed to be removed)
 Gas or charge Charging station with incidental
service and repair (Permitted)
 Electric or non-internal combustion of new (used
as an accessory use) engine vehicle and
equipment Ssales, and lease of on-site vehicles and
equipment service (Conditionally Permitted)
 Sale, vehicle parts, new
 Tires, batteries, accessories, lube, oil change, smog check, air conditioning
Pursuant to AVMC Section 15.78.030.F (Specific Plan Required Findings), the following findings shall be made prior to approval of any Specific Plan Amendment:

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

Approval of the proposed Specific Plan Amendment (“SPA”) to permit electric or non-internal combustion engine vehicle sales, lease, and service will not create 80

adverse impacts to the public. Unlike traditional fuel-dependent vehicles, electric vehicles (“EV”) have no tailpipe emissions, minimizing greenhouse gas and smog pollutants. Electric vehicles are naturally quieter than fuel-dependent vehicles as they lack internal combustion engines. Traditional vehicles make combustion noise while the only noise emitting from EVs may be minimal humming. Additionally, STC Traffic, Inc, City’s traffic consultant, reviewed the proposed project and determined that the trip generation quantity resulting from auto sales (1,494 daily trips) will be significantly less than the existing shopping center use (3,622 daily trips for the former retail – Michaels, Tuesday Morning, and Lowe’s). Furthermore, public chargers can be installed on or adjacent to any existing parking space with minimal space, unlike typical gas stations.

As for servicing EVs, the proposed plan shows all service activities to be conducted inside of the building, which will be limited to maintenance service and no paint or collision repair. Staff anticipates noise levels that are equivalent or less than the following uses that are already permitted or conditionally permitted under the Specific Plan: plant nurseries, dance halls, outdoor theaters, drive throughs, animal grooming and veterinary services, and printing and publishing. Further, automotive uses are permitted in the surrounding area, suggesting that a similar use in the Specific Plan area will not constitute a significant change for the community. For example, a Pep Boys tire shop is located in the Town Center, directly across the Specific Plan area. Beyond that, two car repair shops are located immediately south of the Town Center.

The proposed location is convenient for automotive uses, as it is bordered by CA- 73 to the north and public right of ways to the east (Aliso Creek Road) and south (Enterprise). It is also located in the City’s center near several retail and commercial areas like the Town Center. This location suggests that the proposed use may create an even more centralized location to accomplish other errands and activities, such as employment, food shopping, clothing retail, and dining. Newer tenants, such as Tesla Motors, Inc., may attract other types of tenants to lease the currently vacant and dilapidating shopping center.

Moreover, the surrounding area—and the City more broadly—lacks many essential vehicle services with no major car dealerships. Residents looking to buy or lease a vehicle inevitably must leave City boundaries to do so. Not only does this make purchasing a car more cumbersome for residents, but it also redirects revenue away from the City. For all the reasons above, the proposed SPA to allow electric or non-internal combustion engine vehicle sales, lease, and service will not create conditions materially detrimental to the public, and therefore, this finding can be made.

2. General Plan Consistency. The specific plan or amendment is consistent with the goals, objectives, and policies of the general plan.
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The proposed SPA is consistent with the following goals, objectives, and policies of the General Plan and therefore, this finding can be made. a. Goal LU-1: Provide a diverse mix of land uses to meet the future needs of all residents and the business community. The SPA expands the types of permitted uses in the Specific Plan area. Currently, the surrounding area— and the City more broadly—lacks essential car services. The SPA would thus diversify the available land uses by allowing a new type of use that may attract more tenants to the vacant shopping center.
b. Goal LU-3.1: Promote development of revenue-generating land uses to help defray the costs of other uses demanding City services. The SPA will allow automotive sales and leases, which creates a new type of revenue- generating land use that was previously prohibited. Additional revenue collected from vehicles sales or lease activity will help defray the costs of other uses demanding City services.
c. Goal LU-4: Ensure that future development is mutually beneficial to both the environment and the community. The SPA allows for the sales of EV or non- internal combustion engine vehicles have no tailpipe emissions, minimizing greenhouse gas and smog pollutants. Additionally, the number of vehicle trips generated by an auto use is only a third of the former shopping center use, further minimizing the carbon footprint and emissions. Electric charging stations are also relatively small, requiring only minimal space, eliminating the need to develop large areas, such as traditional gas stations.

3. Land Use Compatibility. The specific plan or amendment is compatible with the zoning and land use on nearby properties.

The SPA to allow certain automotive uses is compatible with zoning and land uses on nearby properties. South of the Specific Plan area is the Town Center, which includes Pep Boys, an automotive parts store. Further south are two automotive repair shops. Northeast of the Specific Plan area is CA-73 and its entry and exit ramps. Northwest are professional office buildings, separated by approximately 140 of landscaped open space. While there is high density residential development to the east, they are separated by a six-lane major thoroughfare (Aliso Creek Road). As discussed in finding no. 1 above, given the type of automotive use provided by the SPA, there will be no adverse impacts as a result and thus compatible with land uses on adjacent properties. Therefore, this finding can be made.

4. Property Suitability. The specific plan or amendment is suitable for the location, access, visual character and topography of the subject property.

The proposed automotive use in the Specific Plan area is suitable for the location as it is at the commercial core of the City, bordered by CA-73 to the north and 82

existing automotive uses to the south. Further, the Specific Plan area’s location near retail would allow the community to accomplish multiple errands in one trip.

Access is also suitable given its proximity to major City thoroughfares like the CA- 73, Aliso Creek Road, and Aliso Viejo Parkway. The Specific Plan area is separated from its surrounding areas by large embankments and landscaping, including dozens of mature trees. For these reasons, the SPA is suitable for the location, access, visual character and topography of the subject property and this finding can be made.

Development Agreement
Pursuant to the City’s Code (“AVMC”) Section 15.78.040.D, project applications which require a zone change accompanied by a site development permit or a use permit require a concurrent development agreement. A zone change is an action by the City Council to change the zone designation of a property or properties on the Official Zoning Map. The Official Zoning Map designates the Site as The Commons Specific Plan (SP-2) for zoning requirements. As the proposed project includes an amendment to the Specific Plan and a Conditional Use Permit, a concurrent Development Agreement (“DA”) is required.

The proposed DA would vest the Applicant with the authority to develop the proposed sales, delivery and service of new electric or non-internal combustion engine vehicles with a conditional use permit. In other words, if the land use laws, regulations, and ordinances change during the life of the DA, the Applicant would still have the right to develop the project in accordance with DA. In exchange, the Applicant would provide the first major car dealership in the City which could generate a significant increase in additional tax revenue from automobile sales. Additionally, the public will benefit from the eight publicly accessible electric vehicle charging stations on Site that the Applicant has agreed to provide as part of the DA.

Pursuant to AVMC Section 15.82.010.H (Required Findings), the following findings shall be made prior to approval of any Development Agreement:

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

The DA is a binding development agreement that vest certain development rights to the property owner. The proposed DA assures the property owner of the Site the right to allow the sales, lease, and service of electric or non-internal combustion engine vehicles. In exchange, the City receives public benefits in the form of bringing a major car dealership into the City that would generate a new revenue stream to fund critical resources and provide access to additional publicly accessible electric vehicle charging stations. The proposed automotive use is limited to electric or non-internal combustion engine vehicles, which minimizes tailpipe emissions, smog, noise, and the number of trips as described under the Specific Plan Amendment section above. These improvements along with a new 83

revenue source improve, and do not degrade public health, safety and general welfare. Therefore, this finding can be made.

2. General Plan Consistency. The development agreement is consistent with the goals, objectives, and policies of the general plan and any applicable specific plan.

This finding can be made as evidenced in Specific Plan Amendment finding no. 2 above.

Conditional Use Permit
The Applicant also requests a Conditional Use Permit (“CUP”) to allow Tesla Motors, Inc. (“Tesla”) to lease a portion of the existing building for the sale, lease, and service of its vehicles. Tesla is proposing to occupy 53,660 square feet of the existing tenant space that was formally occupied by Michael’s, Tuesday Morning, and a portion of Lowe’s.

Electric vehicle charging stations are also proposed as part of this request. It should be noted that the requested CUP can only be approved if the proposed SPA is approved to allow such use.

Pursuant to AVMC Section 15.74.040.C (Required Findings), the following findings shall be made prior to approval of a Conditional Use Permit:

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

The land use is consistent with the General Plan as evidenced in Specific Plan Amendment finding no. 2 above. As for the Specific Plan, the proposed automotive use will be consistent with the approval of the SPA, then this finding can be made.

2. Consistency with Zoning Code. The land use and associated development conform to the permitted use provisions and development standards of this zoning code and are consistent with this code and any applicable specific plan.

This finding can be made with the approval of the SPA. The proposed project meets all other development standards of the code.

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

The proposed project (“Project”), which includes the SPA, DA, and CUP, is categorically exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15332, Class 32 (In-fill Development). Class 32 consists of projects characterized as infill development meeting the conditions described in Section 15332. The Project complies with the applicable general plan and zoning regulations; furthers the goals of the General Plan, specifically by providing a 84

diverse mix of land uses to meet the future needs of the community and by promoting the development of revenue-generating land uses; occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; and there are no habitat for endangered, rare or threatened species as it is currently developed with commercial buildings and a paved parking lot. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. A traffic analysis prepared by the City’s traffic consultant determined that the vehicle trips generated by the automotive sales and service use would be less than that of the previous shopping center use. The project will not result in significant noise impacts beyond other uses that are currently permitted in the specific plan. Further, the project would not result in significant effects on air and water quality since the electric vehicles (“EV”) have no tailpipe emissions, minimizing greenhouse gas and smog pollutants. The Project involves interior tenant improvements consisting of the conversion of existing space into a vehicle showroom, employee offices, customer waiting areas, and vehicle service areas within an existing building located on a developed site that is already served by water, sewer, electric and gas utilities and public services.

None of the exceptions to the categorical exemptions set forth in State CEQA Guidelines section 15300.2 apply. Specifically, the Project is not located in a particularly sensitive environment; the cumulative impact of successive projects of this same type in the same place over time would not be significant because these types of conversions are limited in size and number; and there is a finite area that can accommodate commercial uses within this existing building. Additionally, the existing building is not located within an officially designated state scenic highway, on a site designated pursuant to Government Code section 65962.5 (Cal/EPA Hazardous Waste and Substances Site Lists) or listed as a historic resource.

For all of the foregoing reasons, the Project is categorically exempt from CEQA and this finding can be made.

4. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity.

Operations
The proposed project consists of converting the existing 53,660 square foot tenant space into a sales, showroom, and service center for Tesla vehicles. The sales area, which is located in the storefront of the tenant space, will include a showroom to display Tesla vehicles, sample finishes and trims, and provide an interactive environment where potential customers can learn more about Tesla vehicles. No inventory of vehicles for purchase will be kept onsite as the vehicles are custom produced offsite. Once a vehicle is produced, a Tesla specialist will coordinate an appointment with the customer to go to the center to complete the paperwork and take delivery of the vehicle.
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The service component of the operations consists of receiving and preparing new vehicles for delivery, in addition to maintenance service of Tesla vehicles. Service includes software updates, tire balancing and/or replacement, replacement of parts such as window regulators, door handles and bumpers, and some battery replacement as needed. No autobody paint or collision repair will occur onsite as Tesla’s collision repair facility is located at 41 Columbia. Most service repairs can be completed in an hour.

Tesla estimates having 75 employees, with up to 50 employees onsite at any given time. Customer appointments for service are scheduled between 7:00 a.m. to 7:00 p.m. daily and employees will perform work on vehicles until 11:00 p.m. All work will be conducted within the building. Sales and showroom hours will be 10:00 a.m. to 7:00 p.m. daily. Approximately 40-50 customers per day are estimated to come to this facility. Tesla will have a dedicated parking lot to the north of the building which will be used for customer and employee parking, delivery of vehicles and storage of the loaner vehicle fleet. Of the 225 parking spaces, approximately 75 parking spaces will be allotted to employee parking, 125 for service and delivery vehicles and 25 for customers.

Parking
The shopping center shares parking spaces through a series of reciprocal agreements for parking, access, encroachments, and utilities; therefore, parking is evaluated on all uses within the shopping center at a rate of one space per 220 square feet. The shopping center, which consists of the former Lowe’s building, perimeter buildings (e.g., Trader Joe’s, Walgreens, Taco Bell, etc.) and proposed tenant outdoor patios, consists of a total of 236,631 square feet. Based on this square footage, the parking requirement is 1,076 parking spaces, and 1,090 parking spaces are provided. This parking calculation excludes the 225 parking spaces that are part of the Tesla project and the four (4) parking spaces in the front of the Tesla tenant space which will be used for charging their test-drive vehicles.

As proposed, the proposed project will provide for adequate parking for the shopping center. The parking lot will be designed to meet development standards in relation to parking and circulation requirements of the specific plan and will be reviewed in coordination with the Orange County Fire Authority (OCFA).

Based on the operations and parking discussion above and the reasonings under Specific Plan Amendment finding no. 1 related to public health, safety and general welfare, this finding can be made.

Public Notice:

On November 3, 2022, a public hearing notice was published in the Laguna Niguel News and mailed to all owners of real properties within 300 feet of the subject real property.

Additionally, on August 3, 2022, in compliance with Senate Bill (SB) 18, City staff notified 86

local tribes identified by the Native American Heritage Commission (NAHC) to give an opportunity to provide input on the Specific Plan Amendment. Staff received one formal request for consultation and on November 2, 2022, City staff discussed the proposed project with Andrew Salas, Chairperson of the Gabrielino Band of Mission Indians, Kizh Nation, who indicated he had no further concerns with the Project.

City Attorney:

The City Attorney has reviewed the staff report.

Attachments:

1. Ordinance – Specific Plan Amendment

2. Ordinance – Development Agreement

3. Resolution – Conditional Use Permit

4. Applicant Project Description and Justification Letter

5. Tesla Project Description Letter

6. Project Plans

7. Traffic Memorandum prepared by STC Traffic, Inc.

8. Presentation
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ORDINANCE NO. 2022-______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA, TO AMEND SPECIFIC PLAN NO. 2 FOR THE COMMONS

AT ALISO VIEJO TOWN CENTER AND DETERMINE THE PROJECT TO

BE CATEGORICALLY EXEMPT FROM CEQA UNDER CLASS
32 (PLANNING APPLICATION SP22-00001)
WHEREAS, on November 12, 1993, the County of Orange approved Site Plan SP 93- 099 for a major retail store and restaurant use development; and WHEREAS, on November 16, 2005, the City Council adopted Ordinance 2005-080, approving the Commons at Aliso Viejo Town Center Specific Plan No. 2; and WHEREAS, on July 20, 2022, the City Council approved Planning Application SDP-2022- 00001 for a site development permit to allow for exterior modifications to the building and parking lot of the former Lowe’s building, including redesign of the primary building elevations, modifications to the landscaping and parking lot; and WHEREAS, on July, 25, 2022 Troy Thomas on behalf of ValueRock Aliso Viejo, LLC, submitted an application to initiate an amendment to the Commons at Aliso Viejo Town Center Specific Plan which would conditionally permit the sale, lease, and service of new (used as an accessory use) electric or non-internal combustion engine vehicles; and WHEREAS, together, the Specific Plan Amendment, Conditional Use Permit, and Development Agreement constitute the “Project” for purposes of the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) (“CEQA”); and WHEREAS, the City may amend a Specific Plan pursuant to Government Code Sections 65450 et seq. and Aliso Viejo Zoning Code Chapter 15.78; and WHEREAS, pursuant to Title 14, California Code of Regulations, Section 15367, the City of Aliso Viejo (“City”) is Lead Agency for purposes of the Project; WHEREAS, the City has reviewed the proposed Project and has determined that it is Categorically Exempt from environmental review under CEQA pursuant to CEQA Guidelines Section 15332 (Infill Development);
WHEREAS, the City has determined that none of the Exceptions to the Categorical Exemptions outlined in Title 14, California Code of Regulations Section 15300.2 applies to the Project; and
WHEREAS, the foregoing exemption is sufficient to independently exempt the Project from CEQA;
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WHEREAS, on November 3, 2022 a public notice was published in the Laguna Niguel News, providing a notice of a public hearing before the City Council on November 16, 2022: and
WHEREAS, the City held a public hearing on November 16, 2022, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the Codes as amended herein; and
WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

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

SECTION 1. Specific Plan. The City Council hereby approves an amendment to Specific Plan No. 2 to allow sale, lease, and service of new (used as an accessory use) vehicles and equipment and within a maximum area of 217,000 square feet of the Specific Plan area; and charging or alternative energy stations with incidental service and repair.

SECTION 2. Specific Plan. The following sections of the Specific Plan No. 2 is hereby amended to read as follows:

4.2 Definitions (Page IV-3)
Energy Facility - Any public or private processing, producing, generating, storing, transmitting, or recovery facility for electricity, natural gas, or other source of alternative energy.

Table IV-1 (Page IV-9)
Charging station with incidental service and repair – Permitted Table IV-1 (Page IV-9)
Electric or non-internal combustion of new (used as an accessory use) engine vehicle and equipment sales, lease, and service – Conditionally Permitted SECTION 3. Specific Plan. The following uses are hereby removed from Table IV- 1: gas or charge station; sale, vehicle parts, new; tires, batteries, accessories, lube, oil change, smog check, and air conditioning.

SECTION 4. CEQA. Based on the review of the entire record, including the Staff Report, any public comments or testimony presented to the City Council, and the facts outlined below, the City Council hereby finds and determines that the proposed Project is categorically exempt from CEQA pursuant to State CEQA Guidelines section 15332 (Class 32: In-Fill Development Projects). The Class 32 exemption specifically exempts from further CEQA review projects characterized as in-fill development meeting each of the following conditions.
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First, the project must be consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. Here, the general plan designation is Town Center Commercial and High Density Residential. According to the General Plan’s Land Use Element, the Town Center Commercial designation allows for " a mixture of uses within the Aliso Viejo Town Center including community retail and commercial services, theaters, art galleries and entertainment facilities, hotels/motels and restaurants, recreation and community facilities." The Project consists of a Conditional Use Permit (“CUP”) to allow the Applicant to occupy a portion of the vacant building to sell, lease, and service its electric vehicles.

Automotive use is compatible with zoning and land uses on nearby properties. South of the Specific Plan area is the Town Center, which includes Pep Boys, an automotive parts store. Further south are two auto repair shops. As such, the proposed use would be consistent with other commercial uses in the City, and thus, it would be consistent with the intent of the Town Center Commercial designation as outlined in the Land Use Element. Furthermore, the Project is consistent with the following goals, objectives, and policies of the General Plan and therefore, this finding can be made. a. Goal LU-1: Provide a diverse mix of land uses to meet the future needs of all residents and the business community. The Project expands the types of permitted uses in the Specific Plan area. Currently, the surrounding area— and the City more broadly—lacks many essential car services. The Project would thus diversify the available land uses by allowing a new type of use that may attract more tenants in the vacant shopping center. b. Goal LU-3.1: Promote development of revenue-generating land uses to help defray the costs of other uses demanding City services. The Project will allow automotive sales and leases, which creates a new type of revenue- generating land use that was previously prohibited. Additional revenue collected from vehicles sales or lease activity will help defray the costs of other uses demanding City services.
c. Goal LU-4: Ensure that future development is mutually beneficial to both the environment and the community. The Project allows for the sales of EV or non-internal combustion engine vehicles that have no tailpipe emissions, minimizing greenhouse gas and smog pollutants. Additionally, the number of vehicle trips generated by an auto use is only a third of the former shopping center use, further minimizing the carbon footprint and emissions. Electric charging stations are also relatively small, requiring only minimal space, eliminating the need to develop large areas, such as traditional gas stations.

The Project consists of a conditional use permit to allow for Tesla to occupy a portion of the vacant building to sell, lease, and service its vehicles. As such, the proposed use would be consistent with other commercial uses in the City, and thus, it would be consistent with the intent of the Town Center Commercial designation as outlined in the Land Use Element. Assuming that the City Council approves the specific plan amendment 90

and conditional use permit, the Project would be consistent with all applicable zoning designations and regulations.

Second, the proposed development must occur within city limits, on a Project site of no more than five acres and be substantially surrounded by urban uses. Here, the Project consists of a 53,660 square foot tenant space within an existing commercial building. This building is located within the City’s limits and is substantially surrounded by urban uses, including professional offices to the west, State Route 73 to the north, high-density residential to the east, and commercial/retail uses to the south. Thus, the Project meets this finding.

Third, the project site must have no value has habitat for endangered, rare, or threatened species. Here, the Project site is located in a highly developed part of the City and is surrounded by a predominantly urbanized mix of land uses. The Project site has been disturbed as a result of past grading activities and primarily contains sparse ruderal vegetation and no natural drainage courses, wetlands, or woodlands. Based on the developed/disturbed nature of the Project site and surrounding area, the only wildlife species that are expected to occur on site include common species typically found in urbanized settings. Based on the specific habitat requirements, none of the endangered, rare, or threatened species can reasonably be expected to occur on the Project site.

Therefore, the Project site has no habitat value.

Fourth, approval of the project must not result in any significant effects relating to traffic, noise, air quality, or water quality. A traffic analysis prepared by the City’s traffic consultant determined that the vehicle trips generated by the automotive sales and service use would be less than that of the previous commercial use. The project will not result in significant noise impacts beyond other uses that are currently permitted in the specific plan. Furthermore, all sales and services uses will be conducted within the existing building. Thus, the Project would result in a less than significant impact related to both localized and regional air quality.

Fifth, the project site must be adequately served by all required utilities and public services. The Project site is already within the service area of the Orange County Fire Authority and Orange County Sheriff’s Department. The Project would not directly or indirectly result in an increase in populations, and thus, would not increase demand for additional public services. In addition, the Project site is located in a developed portion of the City that is already served by existing utilities. Given the close proximity to existing utilities, including domestic and recycled water, sanitary sewer, and electricity, adjacent utilities can be extended onto the Project site with nominal environmental impacts.

Thus, the project qualifies for the Class 32 exemption.

None of the exceptions to the use of the Class 32 categorical exemption identified in State CEQA Guidelines section 15300.2 apply. The Project will not result in a cumulative impact from successive projects of the same type in the same place, over time. Due to the relatively minor scope of the Project, the developed/ disturbed nature of the Project site, 91

and mandatory adherence with all applicable federal, state, and local laws, regulations, and guidelines, any incremental, individual-level impact resulting from Project construction and operations would remain less than significant and would not constitute a considerable contribution to potential regional cumulative impacts in the greater Project region.

Additionally, all other related projects would presumably be required by the applicable lead agency to comply with all applicable federal, state, and local regulatory requirements and incorporate all feasible mitigation measures to further ensure that their potentially cumulative impacts would remain at less-than-significant levels. Moreover, there are no unusual circumstances surrounding the Project that result in a reasonably possibility of a significant effect on the environment. The proposed use does not represent a new or unique use or activity that does not already occur in the City and through the Project region. Additionally, there is no evidence of unique conditions (e.g., unique geotechnical characteristics that would result in impacts to either the project or adjacent land use), either on site or within the Project area, and no unusual circumstances have been identified by the City, other agencies, or local stakeholders. The Project is not expected to be affected by unusual circumstances or otherwise unforeseen conditions.

Further, the Project will not damage scenic resources, including trees, historic buildings, rock outcroppings, or similar resources because, according to the California Department of Transportation, the only “Officially Designated State Scenic Highway” in Orange County is the segment of SR-91 (Riverside Freeway) located approximately between SR- 55 and the Orange County/Riverside County line, approximately 20 miles north of the Project site. In addition, although designated an “Eligible State Scenic Highway” and not an “Officially Designated State Scenic Highway,” the SR-1 (South Coast Highway), is located approximately 5 miles east of SR-1, due to natural topographical variations and intervening development, the Project site is not directly visible from SR-1.

Finally, the Project does not include any hazardous waste sites, and the Project will not cause a substantial adverse change in the significance of a historical resource. A review of both GeoTracker and EnviroStor found that no sites occur in the immediate vicinity of the Project site that currently have an “open” cleanup case and are presently undergoing remediation activities. The entirety of the Project site has been heavily disturbed over the years as a result of both the existing development on site and past grading activities. As such, significant surficial and subsurface archaeological and paleontological resources are unlikely to occur on site. Moreover, due to the relatively newer age of the existing onsite development, no structural improvements are old enough to be considered eligible for listing as a state and/or federal historic resource.

Thus, the Class 32 exemption applies, and no further environmental review is required.

SECTION 5. Findings. After receiving public testimony, reviewing the evidence submitted by staff and discussing the proposed ordinance, the City Council hereby finds that the amendment proposed to Specific Plan No. 2 herein are supported by the following findings:
92

A. Public Welfare. Approval of the specific plan or specific plan amendment will not create conditions materially detrimental to the public health, safety and general welfare. Approval of the proposed Specific Plan Amendment (“SPA”) to permit new (used as an accessory use) electric or non-internal combustion engine vehicle sales, lease, and service will not create adverse impacts to the public. Unlike traditional fuel-dependent vehicles, electric vehicles (“EV”) have no tailpipe emissions, minimizing greenhouse gas and smog pollutants. Electric vehicles are naturally quieter than fuel-dependent vehicles as they lack internal combustion engines. Traditional vehicles make combustion noise while the only noise emitting from EVs may be minimal humming. Additionally, STC Traffic, Inc, City’s traffic consultant, reviewed the proposed project and determined that the trip generation quantity resulting from auto sales will be significantly less than the existing shopping center use. Furthermore, public chargers can be installed on or adjacent to any existing parking space with minimal space, unlike typical gas stations. As for servicing EVs, it is limited to maintenance service and no paint or collision repair. Therefore, the noise levels would be equivalent or less than the following uses that are already permitted or conditionally permitted under the Specific Plan:
plant nurseries, dance halls, outdoor theaters, drive throughs, animal grooming and veterinary services, and printing and publishing. Further, automotive uses are permitted in the surrounding area, suggesting that a similar use in the Specific Plan area will not constitute a significant change for the community. For example, a Pep Boys tire shop is located in the Town Center, directly across the Specific Plan area.

Beyond that, two car repair shops are located immediately south of the Town Center. The specific plan area is convenient for automotive uses, as it is bordered by CA-73 to the north and public right of ways to the east (Aliso Creek Road) and south (Enterprise). It is also located in the City’s center near several retail and commercial areas like the Town Center. This location suggests that the proposed use may create an even more centralized location to accomplish other errands and activities, such as employment, food shopping, clothing retail, and dining. The City lacks many essential vehicle services with no major car dealerships. Residents looking to buy or lease a vehicle inevitably must leave City boundaries to do so.

Not only does this make purchasing a car more cumbersome for residents, but it also redirects revenue away from the City.

B. General Plan Consistency. The specific plan or amendment is consistent with the following goals, objectives, and policies of the general plan:
1) Land Use Element, Goal 1: Provide a diverse mix of land uses to meet the future needs of all residents and the business community. The SPA expands the types of permitted uses in the Specific Plan area. Currently, the surrounding area—and the City more broadly—lacks many essential car services. The SPA would thus diversify the available land uses by allowing a new type of use that may attract more tenants in the vacant shopping center. 2) Land Use Element, Goal 3.1: Promote development of revenue-generating land uses to help defray the costs of other uses demanding City services. The 93

SPA will allow automotive sales and leases, which creates a new type of revenue-generating land use that was previously prohibited. Additional revenue collected from vehicles sales or lease activity will help defray the costs of other uses demanding City services.
3) Land Use Element, Goal 4: Ensure that future development is mutually beneficial to both the environment and the community. The SPA allows for the sales of EV or non-internal combustion engine vehicles have no tailpipe emissions, minimizing greenhouse gas and smog pollutants. Additionally, the number of vehicle trips generated by an auto use is only a third of the former shopping center use, further minimizing the carbon footprint and emissions.

Electric charging stations are also relatively small, requiring only minimal space, eliminating the need to develop large areas, such as traditional gas stations.

C. Land Use Compatibility. The specific plan or amendment is compatible with the zoning and land use on nearby properties. The SPA to allow certain automotive uses is compatible with zoning and land uses on nearby properties. South of the Specific Plan area is the Town Center, which includes Pep Boys, an automotive parts store. Further south are two automotive repair shops. Northeast of the Specific Plan area is CA-73 and its entry and exit ramps. Northwest are professional office buildings, separated by approximately 140 of landscaped open space. While there is high density residential development to the east, they are separated by a six-lane major thoroughfare (Aliso Creek Road).

D. Property Suitability. The specific plan or amendment is suitable for the location, access, visual character and topography of the subject property. The proposed automotive use in the Specific Plan area is suitable for the location as it is at the commercial core of the City, bordered by CA-73 to the north and existing automotive uses to the south. Further, the Specific Plan area’s location near retail would allow the community to accomplish multiple errands in one trip. Access is also suitable given its proximity to major City thoroughfares like the CA-73, Aliso Creek Road, and Aliso Viejo Parkway. The Specific Plan area is separated from its surrounding areas by large embankments and landscaping, including dozens of mature trees.

SECTION 6. Effective Date. This ordinance takes effect 30-days after its adoption.

SECTION 7. Notice of Exemption. The City Council hereby directs staff to prepare and file a Notice of Exemption with the Orange County Clerk within five (5) working days of the approval of the proposed Project.

SECTION 7. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court or competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby 94

declares that it would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrases, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof, be declared invalid or unconstitutional.

SECTION 8. City Clerk’s Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duty designated posting places within the City and published once within fifteen days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance in the Office of the City Clerk five days prior to the date of adoption of this Ordinance, and, within fifteen days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.

PASSED, APPROVED AND ADOPTED this _____ day of _______________, 2022. __________________________
Ross Chun
Mayor
APPROVED AS TO FORM: ATTEST:

__________________________ __________________________
Scott C. Smith, City Attorney Mitzi Ortiz, MMC, City Clerk 95

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF ALISO VIEJO )
I, MITZI ORTIZ, City Clerk of the City of Aliso Viejo, California, DO HEREBY CERTIFY that foregoing Ordinance No. 2022_____ was duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the _____ day of ______________, 2022, by the following roll call vote, to wit:

AYES:

NOES:

ABSENT:
___________________________

MITZI ORTIZ, MMC

CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. 2022-_____ duly passed and adopted by the Aliso Viejo City Council at its regular meeting held _______________, 2022 and that the Summary of the Ordinance was published on _______________ and _______________ in the Aliso Viejo News.
___________________________

MITZI ORTIZ, MMC

CITY CLERK
(SEAL)
96

ORDINANCE NO. 2022-____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO

VIEJO, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT

BETWEEN THE CITY OF ALISO VIEJO AND VALUEROCK ALISO
VIEJO, LLC FOR SPECIFIC PLAN NO. 2 (THE COMMONS AT ALISO

VIEJO TOWN CENTER) PURSUANT TO CALIFORNIA GOVERNMENT
CODE SECTION 65864 ET SEQ. AND DETERMINE THE PROJECT TO BE CATEGORICALLY EXEMPT FROM CEQA UNDER CLASS 32
(PLANNING APPLICATION DA-2022-00001)
WHEREAS, the City of Aliso Viejo (“City”) has found that development agreements strengthen the public planning process, encourage private participation in comprehensive planning by providing a greater degree of certainty in that process, reduce the economic costs of development, allow for the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved; and
WHEREAS, pursuant to California Government Code section 65864 et seq., the City is authorized to enter into development agreements providing for the development of land under terms and conditions set forth therein; and
WHEREAS, Valuerock Aliso Viejo, LLC (“Applicant”) is the owner in fee of that certain real property located in the City of Aliso Viejo, County of Orange, State of California, more particularly described in Exhibit “A,” attached hereto and incorporated herein (“Property”).

Applicant desires to amend the Commons at Aliso Viejo Town Center Specific Plan to allow for the sales, delivery and service of new electric or non-internal combustion engine vehicles with a conditional use permit; and
WHEREAS, together, the Specific Plan Amendment, Conditional Use Permit, and Development Agreement constitute the “Project” for purposes of the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) (“CEQA”); and WHEREAS, because of the logistics, magnitude of the expenditure and considerable lead time prerequisite to planning and developing the Project, Applicant has proposed to enter into a development agreement concerning the Project (“Development Agreement”) to provide assurances that the Project can proceed without disruption caused by a change in the City's planning policies and requirements except as provided in the Development Agreement, which assurance will thereby reduce the actual or perceived risk of planning for and proceeding with development of the Project; and WHEREAS, the City desires the timely, efficient, orderly and proper development of the Project in furtherance of the goals of the General Plan and the Specific Plan; and 97

WHEREAS, the City Council has found that this Development Agreement is consistent with the City's General Plan; and
WHEREAS, the City Council has determined that by entering into the Development Agreement: (i) the City will promote orderly growth and quality development on the Property in accordance with the goals and policies set forth in the General Plan; (ii) significant benefits will be created for City residents and the public generally from increased employment, parks and or park improvements, and the public gathering opportunities created by the Project; and
WHEREAS, it is the intent of the City and Applicant to establish certain conditions and requirements related to review and development of the Project which are or will be the subject of subsequent development applications and land use entitlements for the Project as well as the Development Agreement; and
WHEREAS, the City and Applicant have reached mutual agreement and desire to voluntarily enter into the Development Agreement to facilitate development of the Project subject to the conditions and requirements set forth therein; and WHEREAS, on November 16, 2022, the City Council conducted a duly noticed public hearing and considered evidence concerning the Development Agreement; and WHEREAS, the terms and conditions of the Development Agreement have undergone review by the City Council at a publicly noticed hearing and have been found to be fair, just, and reasonable, and consistent with the General Plan; and WHEREAS, the City has reviewed the proposed Project and has determined that it is Categorically Exempt from environmental review under CEQA pursuant to CEQA Guidelines Section 15332 (Infill Development);
WHEREAS, the City has determined that none of the Exceptions to the Categorical Exemptions outlined in Title 14, California Code of Regulations Section 15300.2 applies to the Project; and
WHEREAS, the foregoing exemptions are sufficient to independently exempt the Project from CEQA;
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

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

Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.
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Section 2. CEQA. Based on the review of the entire record, including the Staff Report, any public comments or testimony presented to the City Council, and the facts outlined below, the City Council hereby finds and determines that the proposed Project is categorically exempt from CEQA pursuant to State CEQA Guidelines section 15332 (Class 32: In-Fill Development Projects). The Class 32 exemption specifically exempts from further CEQA review projects characterized as in-fill development meeting each of the following conditions.

First, the project must be consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. Here, the general plan designation is Town Center Commercial and High Density Residential. According to the General Plan’s Land Use Element, the Town Center Commercial designation allows for " a mixture of uses within the Aliso Viejo Town Center including: community retail and commercial services, theaters, art galleries and entertainment facilities, hotels/motels and restaurants, recreation and community facilities." The Project consists of a Specific Plan Amendment (“SPA”) to allow for the sale, lease, and service of new (used as an accessory use) electric or non-internal combustion engine vehicles in the Commons at Aliso Viejo Town Center. The SPA to allow automotive use is compatible with zoning and land uses on nearby properties. South of the Specific Plan area is the Town Center, which includes Pep Boys, an automotive parts store. Further south are two auto repair shops. As such, the proposed use would be consistent with other commercial uses in the City, and thus, it would be consistent with the intent of the Town Center Commercial designation as outlined in the Land Use Element. Furthermore, the Project is consistent with the following goals, objectives, and policies of the General Plan and therefore, this finding can be made. a. Goal LU-1: Provide a diverse mix of land uses to meet the future needs of all residents and the business community. The Project expands the types of permitted uses in the Specific Plan area. Currently, the surrounding area— and the City more broadly—lacks many essential car services. The SPA would thus diversify the available land uses by allowing a new type of use that may attract more tenants in the vacant shopping center. b. Goal LU-3.1: Promote development of revenue-generating land uses to help defray the costs of other uses demanding City services. The Project will allow automotive sales and leases, which creates a new type of revenue- generating land use that was previously prohibited. Additional revenue collected from vehicles sales or lease activity will help defray the costs of other uses demanding City services.
c. Goal LU-4: Ensure that future development is mutually beneficial to both the environment and the community. The Project allows for the sales of EV or non-internal combustion engine vehicles have no tailpipe emissions, minimizing greenhouse gas and smog pollutants. Additionally, the number of vehicle trips generated by an auto use is only a third of the former shopping center use, further minimizing the carbon footprint and emissions. Electric 99

charging stations are also relatively small, requiring only minimal space, eliminating the need to develop large areas, such as traditional gas stations.

The Project consists of a Specific Plan Amendment to allow for the sale, lease, and service of new (used as an accessory use) electric or non-internal combustion engine vehicles in the Commons at Aliso Viejo Town Center. As such, the proposed use would be consistent with other commercial uses in the City, and thus, it would be consistent with the intent of the Town Center Commercial designation as outlined in the Land Use Element. Assuming that the City Council approves the specific plan amendment, the Project would be consistent with all applicable zoning designations and regulations.

Second, the proposed development must occur within city limits, on a Project site of no more than five acres and be substantially surrounded by urban uses. Here, the Project consists of a 53,660 square foot tenant space within an existing commercial building. This building is located within the City’s limits, and is substantially surrounded by urban uses, including professional offices to the west, State Route 73 to the north, high-density residential to the east, and commercial/retail uses to the south. Thus, the Project meets this finding.

Third, the project site must have no value has habitat for endangered, rare, or threatened species. Here, the Project site is located in a highly developed part of the City and is surrounded by a predominantly urbanized mix of land uses. The Project site has been disturbed as a result of past grading activities and primarily contains sparse ruderal vegetation and no natural drainage courses, wetlands, or woodlands. Based on the developed/disturbed nature of the Project site and surrounding area, the only wildlife species that are expected to occur on site include common species typically found in urbanized settings. Based on the specific habitat requirements, none of the endangered, rare, or threatened species can reasonably be expected to occur on the Project site.

Therefore, the Project site has no habitat value.

Fourth, approval of the project must not result in any significant effects relating to traffic, noise, air quality, or water quality. A traffic analysis prepared by the City’s traffic consultant determined that the vehicle trips generated by the automotive sales and service use would be less than that of the previous commercial use. The project will not result in significant noise impacts beyond other uses that are currently permitted in the specific plan. Furthermore, all sales and services uses will be conducted within the existing building. Thus, the Project would result in a less than significant impact related to both localized and regional air quality.

Fifth, the project site must be adequately served by all required utilities and public services. The Project site is already within the service area of the Orange County Fire Authority and Orange County Sheriff’s Department. The Project would not directly or indirectly result in an increase in populations, and thus, would not increase demand for additional public services. In addition, the Project site is located in a developed portion of the City that is already served by existing utilities. Given the close proximity to existing 100

utilities, including domestic and recycled water, sanitary sewer, and electricity, adjacent utilities can be extended onto the Project site with nominal environmental impacts.

Thus, the project qualifies for the Class 32 exemption.

None of the exceptions to the use of the Class 32 categorical exemption identified in State CEQA Guidelines section 15300.2 apply. The Project will not result in a cumulative impact from successive projects of the same type in the same place, over time. Due to the relatively minor scope of the Project, the developed/ disturbed nature of the Project site, and mandatory adherence with all applicable federal, state, and local laws, regulations, and guidelines, any incremental, individual-level impact resulting from Project construction and operations would remain less than significant and would not constitute a considerable contribution to potential regional cumulative impacts in the greater Project region.

Additionally, all other related projects would presumably be required by the applicable lead agency to comply with all applicable federal, state, and local regulatory requirements and incorporate all feasible mitigation measures to further ensure that their potentially cumulative impacts would remain at less-than-significant levels. Moreover, there are no unusual circumstances surrounding the Project that result in a reasonably possibility of a significant effect on the environment. The proposed use does not represent a new or unique use or activity that does not already occur in the City and through the Project region. Additionally, there is no evidence of unique conditions (e.g., unique geotechnical characteristics that would result in impacts to either the project or adjacent land use), either on site or within the Project area, and no unusual circumstances have been identified by the City, other agencies, or local stakeholders. The Project is not expected to be affected by unusual circumstances or otherwise unforeseen conditions.

Further, the Project will not damage scenic resources, including trees, historic buildings, rock outcroppings, or similar resources because, according to the California Department of Transportation, the only “Officially Designated State Scenic Highway” in Orange County is the segment of SR-91 (Riverside Freeway) located approximately between SR- 55 and the Orange County/Riverside County line, approximately 20 miles north of the Project site. In addition, although designated an “Eligible State Scenic Highway” and not an “Officially Designated State Scenic Highway,” the SR-1 (South Coast Highway), is located approximately 5 miles east of SR-1. Due to natural topographical variations and intervening development, the Project site is not directly visible from SR-1.

Finally, the Project does not include any hazardous waste sites, and the Project will not cause a substantial adverse change in the significance of a historical resource. A review of both GeoTracker and EnviroStor found that no sites occur in the immediate vicinity of the Project site that currently have an “open” cleanup case and are presently undergoing remediation activities. The entirety of the Project site has been heavily disturbed over the years as a result of both the existing development on site and past grading activities. As such, significant surficial and subsurface archaeological and paleontological resources are unlikely to occur on site. Moreover, due to the relatively newer age of the existing 101

onsite development, no structural improvements are old enough to be considered eligible for listing as a state and/or federal historic resource.

Thus, the Class 32 exemption applies, and no further environmental review is required.

Section 3. Findings. Pursuant to California Government Code Section 65867.5 and Aliso Viejo Municipal Code Section 15.82.010, and based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council hereby makes and adopts the following findings:

A. Public health, safety and welfare. The Development Agreement (“DA”) is a binding development agreement that vest certain development rights to the property owner. The proposed DA assures the property owner of the subject site the right to allow the sales, lease, and service of new (used as an accessory use) electric or non-internal combustion engine vehicles. In exchange, the City receives public benefits in the form of bringing a major car dealership into the City that would generate a new revenue stream to fund critical resources and provide access to additional publicly accessible electric vehicle charging stations. The proposed automotive use is limited to electric or non- internal combustion engine vehicles, which minimizes tailpipe emissions, smog, noise, and the number of trips. These improvements along with a new revenue source improve, and do not degrade public health, safety and general welfare.

B. The Project is consistent with the following goals, objectives, and policies of the General Plan and therefore, this finding can be made.
a. Goal LU-1: Provide a diverse mix of land uses to meet the future needs of all residents and the business community. The Project expands the types of permitted uses in the Specific Plan area. Currently, the surrounding area—and the City more broadly—lacks many essential car services. The SPA would thus diversify the available land uses by allowing a new type of use that may attract more tenants in the vacant shopping center.
b. Goal LU-3.1: Promote development of revenue-generating land uses to help defray the costs of other uses demanding City services. The Project will allow automotive sales and leases, which creates a new type of revenue-generating land use that was previously prohibited. Additional revenue collected from vehicles sales or lease activity will help defray the costs of other uses demanding City services. c. Goal LU-4: Ensure that future development is mutually beneficial to both the environment and the community. The Project allows for the sales of EV or non- internal combustion engine vehicles have no tailpipe emissions, minimizing greenhouse gas and smog pollutants. Additionally, the number of vehicle trips generated by an auto use is only a third of the former shopping center use, further minimizing the carbon footprint and emissions. Electric charging stations are also relatively small, requiring only minimal space, eliminating the need to develop large areas, such as traditional gas stations.
102

SECTION 4. Compliance with Development Agreement Statute. The Development Agreement complies with the requirements of Government Code Sections 65864 through 65869.5 because the Agreement provides assurance to the Applicant for the development of the Project. The Development Agreement specifies the duration of the Agreement, permitted uses of the property, density and intensity of use, and provision of public benefits to the City. Specifically, the Development Agreement provides for a term that shall expire upon the issuance of the final Certificate of Occupancy for the Project, unless an extension of the term is negotiated by the parties. In exchange, the Development Agreement requires the Applicant to provide the City with a eight publicly accessible charging stations.

SECTION 5. Approval and Execution. The City Council hereby approves and adopts the Development Agreement, attached hereto as Exhibit “B” and incorporated herein by reference and any conforming changes acceptable to the Community Development Director. The Applicant’s representatives shall sign the Development Agreement and return two conformed copies of it to the City Clerk within 30 days of the City Council’s adoption of this Ordinance. The City’s representatives shall sign the Development Agreement upon the expiration of the period provided by applicable law, including but not limited to Government Code Section 65009, for challenging the following land use approvals for development of the Project: Specific Plan Amendment (Planning Application SP-2022-00001).

SECTION 6. Effective Date. This Ordinance becomes effective on the date that is 30 days following the City Council’s approval of a Specific Plan Amendment to allow for the sale and service of new (used as an accessory use) electric or non-internal combustion engine vehicles at the Property.

SECTION 7. Recording. Pursuant to California Government Code Section 65868.5, within ten (10) days following the execution of the Development Agreement by all parties, the City Clerk shall record with the Orange County Recorder a copy of the Development Agreement.

SECTION 8. Custodian of Records. The documents related to this Ordinance are on file and available for public review at Aliso Viejo City Hall, 12 Journey, Aliso Viejo, CA 92656. The City Clerk is the custodian of these documents.

SECTION 9. Notice of Exemption. The City Council hereby directs staff to prepare and file a Notice of Exemption with the Orange County Clerk within five (5) working days of the approval of the proposed Project.

SECTION 10. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any 103

one or more sections, subsections, subdivisions, sentences, calluses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 11. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within fifteen (15) days of adoption in a newspaper of general circulation printed and published within the City of Aliso Viejo, and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with Government Code Section 36993.

PASSED, APPROVED AND ADOPTED this 16th day of November 2022.

__________________________
Ross Chun
Mayor
APPROVED AS TO FORM: ATTEST:

__________________________ __________________________
Scott C. Smith, City Attorney Mitzi Ortiz, MMC, City Clerk 104

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF ALISO VIEJO )
I, MITZI ORTIZ, City Clerk of the City of Aliso Viejo, California, DO HEREBY CERTIFY that foregoing Ordinance No. 2022_____ was duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the _____ day of ______________, 2022, by the following roll call vote, to wit:

AYES:

NOES:

ABSENT:
___________________________

MITZI ORTIZ, MMC

CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. 2022-_____ duly passed and adopted by the Aliso Viejo City Council at its regular meeting held _______________, 2022 and that the Summary of the Ordinance was published on _______________ and _______________ in the Aliso Viejo News.
___________________________

MITZI ORTIZ, MMC

CITY CLERK
(SEAL)
105

EXHIBIT “A”

PROPERTY LOCATION
106

EXHIBIT “B”

DEVELOPMENT AGREEMENT
107

DEVELOPMENT AGREEMENT

BY AND BETWEEN

CITY OF ALISO VIEJO AND

VALUEROCK ALISO VIEJO, LLC
THIS AGREEMENT is entered into as of the ____ day of __________, 20____ by and between the CITY OF ALISO VIEJO, a municipal corporation (the “City”), and ValueRock Aliso Viejo, a Delaware limited liability company (“Owner”).

RECITALS
A. Owner is the owner of certain real property in the City of Aliso Viejo, County of Orange, State of California more fully described in EXHIBIT “A” hereto (“Property”) improved with buildings commonly known as the Commons at Aliso Viejo (“Building”). The Property is located within the boundaries of the Commons Specific Plan (“Specific Plan”). There are other owners in the Specific Plan but they are not party to this Agreement.

B. The City is authorized to enter into development agreements with any persons having legal or equitable development interests in real property located within the City pursuant to California Government Code Section 65864 et seq. The City has adopted rules and regulations for consideration of development agreements, pursuant to Government Code Section 65865, in Chapter 15.82 of the Aliso Viejo Municipal Code (“Code”).

C. The terms and conditions of this Agreement have been found by the City to be fair, just, and reasonable. The project contemplated by this Agreement is a Specific Plan Amendment to allow the sale and delivery of new electric or non-internal combustion engine vehicles at the Property as set forth in Section 1.4 below (“Project”). The Project would permit these uses with the approval of a Conditional Use Permit. The public health, safety, and welfare of the residents of the City will be served by entering into this Agreement because the Project will further the goals of the Specific Plan to encourage the sale of best-in-class electric or non-internal combustion engine automobiles, promote and facilitate the usage of clean-energy vehicles, expand the City’s charging infrastructure, and contribute to the vibrancy of the Commons.

D. This Agreement will serve to implement policies and objectives set forth in elements of the City of Aliso Viejo General Plan and the Specific Plan, and, with the approval of this Agreement and the Specific Plan Amendment (“Project Approval”), pursuant to the findings issued in connection with the Project Approval, the City confirms that the Project is consistent with the General Plan and the Specific Plan.

E. This Agreement will provide assurance to the Owner that it can implement the Project and continue its operation and that the conditions imposed by the City with respect to the construction and land use for the Project will not change after the approval of the Project. 108

NOW THEREFORE, in consideration of the above recitals, the mutual covenants and conditions herein contained, and other good and valuable considerations, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows:

1. THE DEVELOPMENT AGREEMENT PROCESS

1.1. Applicable Rules. For purposes of this Agreement, “Applicable Rules” shall mean:
(1) The ordinances, resolutions, rules, regulations, requirements, and official policies of the City governing the development and use of land, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, timing and phasing of development, the maximum height and size of buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement, construction, and initial occupancy standards and specifications applicable to the Project, including without limitation the General Plan, the Specific Plan, and the Zoning Ordinance, all as in force as of the date of effectiveness of Ordinance No. ____-______, adopted by the City Council on _________, 20____ (“Approval Date”) ; and (2) All ordinances, resolutions, codes, rules, regulations and official policies of the City approving this Agreement by the City Council and shall also include the terms and conditions set forth in the Project Approval and this Agreement.

Applicable Rules do not include any City ordinance, resolution, code, rule, regulation or official policy governing:
(A) The conduct or taxation of businesses, professions, and occupations, (B) The control and abatement of nuisances,
(C) The granting of encroachment permits and the conveyance of rights and interests which provides for the use of or the entry upon public property, as may be approved by mutual agreement between Owner and City, or (D) The exercise of the power of eminent domain.

Owner would not enter into this Agreement or agree to provide the public benefits, commitments, and considerations, if it were not for the certainty provided by the agreement of the City that the Project can be operated during the Term of this Agreement in accordance with the Applicable Rules and the Project Approval.

1.2. Statement of Benefits and Considerations. In consideration of the substantial benefits, commitments and consideration to be provided by Owner pursuant to this Agreement and in order to strengthen the public planning process, the City hereby provides Owner assurance that it can proceed with the construction and use of the Property, Building, and Project for the Term of this Agreement pursuant to the Applicable Rules.

1.3. City Council Findings.

1.3.1. The City Council finds that review of the environmental impacts of the Agreement and the approval of the Specific Plan Amendment for the Project has been conducted in accordance with the provisions of the California Environmental Quality Act 109

(“CEQA”), Public Resources Code §§ 21000 et seq ., and the State and local guidelines adopted thereunder, and the City Council has given consideration to such environmental review prior to its approval of this Agreement and the Project Approval and has undertaken all actions necessary to comply with CEQA.

1.3.2. The City Council finds that this Agreement and the Project Approval include public benefits which are intended to enhance the quality and diversity of the uses available within the Specific Plan.

1.3.3. The City Council further finds that this Agreement is consistent with the General Plan, the Specific Plan, and all other applicable plans, policies, and regulations, of the City of Aliso Viejo, as set forth in the Project Approval.

1.4. Project Approvals. The Project would provide an amendment to the text of Specific Plan, Table IV-1 such that the following uses be permitted with a Conditional Use Permit.

Electric or non-internal combustion engine vehicles must comprise 100 percent of the total sales revenue of any approved Conditional Use Permit and no more than 217,000 square feet of automotive uses shall be permitted at the Property. The permitted uses include:
(1) Sale and delivery of new vehicles and equipment,
(2) Sale and delivery of used vehicles as an accessory use to the sale and delivery of new vehicles and equipment,
(3) Vehicle service, repair, and installation as an accessory use to the sale and delivery of new vehicles and equipment, and
(4) Charging or alternative energy station(s) with incidental service and repair.

1.5. Term. This Agreement shall commence on the date that is 30 days following the City Council’s approval of a Conditional Use Permit to allow for the sale of electric or non- internal combustion engine vehicles at the Property or 30 days following the Approval Date, whichever is later (“Commencement Date”) . The Term shall expire upon the issuance of the final Certificate of Occupancy for the Project. The parties may negotiate to extend the term of this Agreement for additional periods of length to be determined by the parties.

2. VESTED DEVELOPMENT RIGHTS

2.1. Vested Rights. Subject to the terms, conditions, and covenants of this Agreement, the Owner shall have a vested right to use the Property in accordance with, and to the extent of, the Project Approvals, and subject to the Applicable Rules.

2.2. Future Ministerial Permits. The Owner (or any Tenant) may seek additional ministerial permits as required by the City, including, without limitation, building permits, as needed to implement the Project Approvals. The City agrees that it will not unreasonably withhold or unreasonably condition any Ministerial Permits which must be issued by the City in order for the land use and construction of the Project to proceed. 110

3. PUBLIC BENEFITS

3.1. The City lacks essential car services that its residents seek. Significantly, the City has no major car dealerships. Aliso Viejo residents looking to buy or lease a new car often leave City boundaries to do so. Not only does this make buying a car more cumbersome for residents, it redirects revenue away from the City, which precludes the tax base growth and thus the general welfare. Therefore, the public will benefit from the Project by convenient access to new best-in-class automobiles and related accessory services.

Moreover, the City will receive significant additional tax revenue from automobile sales, which will fund critical City services.

3.2. The Project is intended to bolster efforts to make the City a leader in clean-energy vehicles and spur growth in energy-efficient and green technology automobile companies. To this end, the City wants to increase access to publicly accessible clean-energy vehicle charging stations, some of which support faster charging than are available from existing domestic supplies. The project is committed to enabling the City to increase its commercial charging infrastructure and to create a robust charging experience for residents and visitors alike.

Therefore, the Owner shall install and provide at least eight (8) publicly accessible electric vehicle charging stations at the Property, of which two (2) charging stations shall provide ports with either CHAdeMO and/or SAE connectors. The electric vehicle charging stations shall include at least Alternating Current (“AC”) Level 2 equipment, which offers charging through a 208 volt or 240 volt AC plug. These stations will be located in the existing public parking lot adjacent to the Building.

4. GENERAL PROVISIONS

4.1. Assignment. Owner shall have the right to sell, transfer, convey, mortgage, encumber or assign the Property in whole or in part to any person, partnership, joint venture, firm, trust corporation or other entity at any time during the Term in Owner’s sole and absolute discretion and without consent of the City.

4.2. Termination. As to the Property and all of the rights of Owner hereunder, and except as otherwise provided in this Agreement, this Agreement shall be deemed terminated and of no further effect upon the expiration of the Term of this Agreement.

4.3. Cooperation and Implementation. City represents that it will cooperate in good faith with Owner to the fullest extent reasonable and feasible to implement this Agreement. Upon satisfactory completion by Owner of all of preliminary actions to be initially taken by Owner and payment of all applicable fees to be initially paid by Owner, in both cases pursuant to this Agreement, City shall promptly commence and diligently proceed to complete all steps necessary for the implementation of this Agreement and the development of the Project in accordance with the terms of this Agreement, including, but not limited to, the processing and checking of any and all of the following which may be filed or submitted by or on behalf of Owner: (i) Project Approvals, agreements, covenants and related matters to the extent required under the terms of this Agreement, (ii) plans, specifications and other documents necessary for the implementation of the Project, and 111

(iii) requests for inspections. Owner shall, in a timely manner, provide City with all documents, plans and other information reasonably necessary for the City to carry out its obligations hereunder.

4.4. Continued Processing. The filing of any lawsuit(s) by a third party (not a party to this Agreement) after the Approval Date against the City and/or Owner relating to this Agreement or to other development issues affected the Project shall not delay or stop the processing or issuance of any permit or authorization necessary for development of Project, unless the City reasonably and in good faith determines that such delay is legally required.

4.5. Notices. All notices or other communications required hereunder shall be in writing and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt required, or by electronic PDF transmission followed by delivery of a “hard” copy, and shall be deemed received on the date of receipt personally, by registered or certified mail or by email.

If to the City: With a copy to:

City Manager Scott C. Smith
City of Aliso Viejo Best Best & Krieger
12 Journey 18101 Von Karman Avenue #1000
Aliso Viejo, California 92656 Irvine, California 92612
Email: [email protected] Email: [email protected]
If to Owner: With a copy to:

Dennis Vaccaro Spencer B Kallick
ValueRock Realty Partners Allen Matkins LLP
18301 Von Karman Avenue, Suite 850 1901 Avenue of the Stars, Suite 1800 Irvine, California 92612 Los Angeles, California 90067-6019 Email: [email protected] Email: [email protected]

4.6. Modification, Amendment, or Extension. Subject to any notice and hearing requirements imposed by law, this Agreement may be modified, amended and/or extended from time to time by mutual written consent of the City and Owner in the same manner as its adoption by ordinance as set forth in Government Code Sections 65867, 65867.5 and 65868.

4.7. Governing State Law. This Agreement shall be construed in accordance with the laws of the State of California.
112

IN WITNESS WHEREOF, the parties have each executed this Agreement on the date first written above.

CITY OF ALISO VIEJO OWNER
___________________________ _______________________________ By: By:

Name: Name:

Title: Title:
113
RESOLUTION NO. 2022- ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO,

CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR TESLA MOTORS, INC. TO SELL, LEASE, AND SERVICE ITS VEHICLES AT 26501 ALISO CREEK ROAD AND DETERMINE THE PROJECT TO BE

CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT UNDER CLASS 32 (PLANNING
APPLICATION USE-2022-0009)
WHEREAS, on November 12, 1993, the County of Orange approved Site Plan SP 93- 099 for a major retail store and restaurant use development; and WHEREAS, on November 16, 2005, the City Council adopted Ordinance 2005-080, Specific Plan No. 2 for the subject site (i.e. Commons at Aliso Town Center); and WHEREAS, on July 20, 2022, the City Council approved a Site Development Permit (SPA-2022-00001) to update the subject site, including exterior building modifications and site development; and
WHEREAS, on July, 25, 2022 Troy Thomas on behalf of ValueRock Aliso Viejo, LLC, submitted Specific Plan Amendment, Development Agreement, and Conditional Use Permit applications, to allow certain automotive uses on the Site and for Tesla Motors, Inc. to sell, lease, and service its vehicles; and
WHEREAS, together, the Specific Plan Amendment, Conditional Use Permit, and Development Agreement constitute the “Project” for purposes of the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) (“CEQA”); and WHEREAS, pursuant to Title 14, California Code of Regulations, Section 15367, the City of Aliso Viejo (“City”) is Lead Agency for purposes of the Project; WHEREAS, the City has reviewed the proposed Project and has determined that it is Categorically Exempt from environmental review under CEQA pursuant to CEQA Guidelines Sections 15332 (Infill Development);
WHEREAS, the City has determined that none of the Exceptions to the Categorical Exemptions outlined in Title 14, California Code of Regulations Section 15300.2 applies to the Project; and
WHEREAS, the foregoing exemptions are sufficient to independently exempt the whole of the action from CEQA;
WHEREAS, on November 16, 2022, the City Council held a duly noticed public hearing as prescribed by law and considered public testimony and evidence and recommendations presented by staff in the agenda report and oral presentation related to Planning Application USE-2022-00009 (Conditional Use Permit); and 114
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. Determination of Recitals. The City Council hereby finds and determines that all of the recitals set forth above are true and correct. The above recitals are hereby incorporated as substantive findings of this Resolution.

SECTION 2. Compliance with CEQA. Based on the review of the entire record, including the Staff Report, any public comments or testimony presented to the City Council, and the facts outlined below, the City Council hereby finds and determines that the proposed Project is categorically exempt from CEQA pursuant to State CEQA Guidelines section 15332 (Class 32: In-Fill Development Projects). The Class 32 exemption specifically exempts from further CEQA review projects characterized as in-fill development meeting each of the following conditions.

First, the project must be consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. Here, the general plan designation is Town Center Commercial and High Density Residential. According to the General Plan’s Land Use Element, the Town Center Commercial designation allows for " a mixture of uses within the Aliso Viejo Town Center including community retail and commercial services, theaters, art galleries and entertainment facilities, hotels/motels and restaurants, recreation and community facilities." The Project consists of a Conditional Use Permit (“CUP”) to allow the Applicant to occupy a portion of the vacant building to sell, lease, and service its electric vehicles.

Automotive use is compatible with zoning and land uses on nearby properties. South of the Specific Plan area is the Town Center, which includes Pep Boys, an automotive parts store. Further south are two auto repair shops. As such, the proposed use would be consistent with other commercial uses in the City, and thus, it would be consistent with the intent of the Town Center Commercial designation as outlined in the Land Use Element. Furthermore, the Project is consistent with the following goals, objectives, and policies of the General Plan and therefore, this finding can be made. a. Goal LU-1: Provide a diverse mix of land uses to meet the future needs of all residents and the business community. The Project expands the types of permitted uses in the Specific Plan area. Currently, the surrounding area— and the City more broadly—lacks many essential car services. The Project would thus diversify the available land uses by allowing a new type of use that may attract more tenants in the vacant shopping center. b. Goal LU-3.1: Promote development of revenue-generating land uses to help defray the costs of other uses demanding City services. The Project will allow automotive sales and leases, which creates a new type of revenue- generating land use that was previously prohibited. Additional revenue 115
collected from vehicles sales or lease activity will help defray the costs of other uses demanding City services.
c. Goal LU-4: Ensure that future development is mutually beneficial to both the environment and the community. The Project allows for the sales of EV or non-internal combustion engine vehicles have no tailpipe emissions, minimizing greenhouse gas and smog pollutants. Additionally, the number of vehicle trips generated by an auto use is only a third of the former shopping center use, further minimizing the carbon footprint and emissions. Electric charging stations are also relatively small, requiring only minimal space, eliminating the need to develop large areas, such as traditional gas stations.

The Project consists of a conditional use permit to allow for Tesla to occupy a portion of the vacant building to sell, lease, and service its vehicles. As such, the proposed use would be consistent with other commercial uses in the City, and thus, it would be consistent with the intent of the Town Center Commercial designation as outlined in the Land Use Element. Assuming that the City Council approves the specific plan amendment and conditional use permit, the Project would be consistent with all applicable zoning designations and regulations.

Second, the proposed development must occur within city limits, on a Project site of no more than five acres and be substantially surrounded by urban uses. Here, the Project consists of a 53,660 square foot tenant space within an existing commercial building. This building is located within the City’s limits and is substantially surrounded by urban uses, including professional offices to the west, State Route 73 to the north, high-density residential to the east, and commercial/retail uses to the south. Thus, the Project meets this finding.

Third, the project site must have no value has habitat for endangered, rare, or threatened species. Here, the Project site is located in a highly developed part of the City and is surrounded by a predominantly urbanized mix of land uses. The Project site has been disturbed as a result of past grading activities and primarily contains sparse ruderal vegetation and no natural drainage courses, wetlands, or woodlands. Based on the developed/disturbed nature of the Project site and surrounding area, the only wildlife species that are expected to occur on site include common species typically found in urbanized settings. Based on the specific habitat requirements, none of the endangered, rare, or threatened species can reasonably be expected to occur on the Project site.

Therefore, the Project site has no habitat value.

Fourth, approval of the project must not result in any significant effects relating to traffic, noise, air quality, or water quality. A traffic analysis prepared by the City’s traffic consultant determined that the vehicle trips generated by the automotive sales and service use would be less than that of the previous commercial use. The project will not result in significant noise impacts beyond other uses that are currently permitted in the specific plan. Furthermore, all sales and services uses will be conducted within the existing 116
building. Thus, the Project would result in a less than significant impact related to both localized and regional air quality.

Fifth, the project site must be adequately served by all required utilities and public services. The Project site is already within the service area of the Orange County Fire Authority and Orange County Sheriff’s Department. The Project would not directly or indirectly result in an increase in populations, and thus, would not increase demand for additional public services. In addition, the Project site is located in a developed portion of the City that is already served by existing utilities. Given the close proximity to existing utilities, including domestic and recycled water, sanitary sewer, and electricity, adjacent utilities can be extended onto the Project site with nominal environmental impacts.

None of the exceptions to the use of the Class 32 categorical exemption identified in State CEQA Guidelines section 15300.2 apply. The Project will not result in a cumulative impact from successive projects of the same type in the same place, over time. Due to the relatively minor scope of the Project, the developed/ disturbed nature of the Project site, and mandatory adherence with all applicable federal, state, and local laws, regulations, and guidelines, any incremental, individual-level impact resulting from Project construction and operations would remain less than significant and would not constitute a considerable contribution to potential regional cumulative impacts in the greater Project region.

Additionally, all other related projects would presumably be required by the applicable lead agency to comply with all applicable federal, state, and local regulatory requirements and incorporate all feasible mitigation measures to further ensure that their potentially cumulative impacts would remain at less-than-significant levels. Moreover, there are no unusual circumstances surrounding the Project that result in a reasonably possibility of a significant effect on the environment. The proposed use does not represent a new or unique use or activity that does not already occur in the City and through the Project region. Additionally, there is no evidence of unique conditions (e.g., unique geotechnical characteristics that would result in impacts to either the project or adjacent land use), either on site or within the Project area, and no unusual circumstances have been identified by the City, other agencies, or local stakeholders. The Project is not expected to be affected by unusual circumstances or otherwise unforeseen conditions.

Further, the Project will not damage scenic resources, including trees, historic buildings, rock outcroppings, or similar resources because, according to the California Department of Transportation, the only “Officially Designated State Scenic Highway” in Orange County is the segment of SR-91 (Riverside Freeway) located approximately between SR- 55 and the Orange County/Riverside County line, approximately 20 miles north of the Project site. In addition, although designated an “Eligible State Scenic Highway” and not an “Officially Designated State Scenic Highway,” the SR-1 (South Coast Highway), is located approximately 5 miles east of SR-1. Due to natural topographical variations and intervening development, the Project site is not directly visible from SR-1. 117
Finally, the Project does not include any hazardous waste sites, and the Project will not cause a substantial adverse change in the significance of a historical resource. A review of both GeoTracker and EnviroStor found that no sites occur in the immediate vicinity of the Project site that currently have an “open” cleanup case and are presently undergoing remediation activities. The entirety of the Project site has been heavily disturbed over the years as a result of both the existing development on site and past grading activities. As such, significant surficial and subsurface archaeological and paleontological resources are unlikely to occur on site. Moreover, due to the relatively newer age of the existing onsite development, no structural improvements are old enough to be considered eligible for listing as a state and/or federal historic resource.

Thus, the Class 32 exemption applies, and no further environmental review is required.

SECTION 3. Approval of Project and Findings for Conditional Use Permit (“CUP”) for Tesla Motors, Inc. to occupy 53,660 square feet of the existing tenant space and sell, lease, and service its vehicles. In accordance with the Commons at Aliso Viejo Town Center Specific Plan, the City Council hereby approves the CUP for Planning Application USE-2022-00009 subject to the conditions set forth in Exhibit “A,” attached hereto and incorporated herein by reference and any conforming changes acceptable to the Community Development Director.

The City Council, sitting as the legislative body and based upon the entire record, including all written and oral evidence presented, finds that:

1. Consistency with General Plan. The land use is consistent with the following general plan goals and any applicable specific plan.
a. Goal LU-1: Provide a diverse mix of land uses to meet the future needs of all residents and the business community. The SPA expands the types of permitted uses in the Specific Plan area. Currently, the surrounding area— and the City more broadly—lacks essential car services. The SPA would thus diversify the available land uses by allowing a new type of use that may attract more tenants to the vacant shopping center.
b. Goal LU-3.1: Promote development of revenue-generating land uses to help defray the costs of other uses demanding City services. The SPA will allow automotive sales and leases, which creates a new type of revenue- generating land use that was previously prohibited. Additional revenue collected from vehicles sales or lease activity will help defray the costs of other uses demanding City services.
c. Goal LU-4: Ensure that future development is mutually beneficial to both the environment and the community. The SPA allows for the sales of EV or non- internal combustion engine vehicles have no tailpipe emissions, minimizing greenhouse gas and smog pollutants. Additionally, the number of vehicle trips generated by an auto use is only a third of the former shopping center 118
use, further minimizing the carbon footprint and emissions. Electric charging stations are also relatively small, requiring only minimal space, eliminating the need to develop large areas, such as traditional gas stations.

2. Consistency with Zoning Code. The land use and associated development conform to the permitted use provisions and development standards of this zoning code and are consistent with this code and any applicable specific plan. The Project consists of a conditional use permit to allow for sales and service of non- internal combustion engine vehicles. As such, the proposed use would be consistent with other commercial uses in the City, and thus, it would be consistent with the intent of the Town Center Commercial designation as outlined in the Land Use Element. The Project complies with the Specific Plan allowed use of electric or non-internal combustion engine vehicle sales, lease, and service on the site.

The Project also complies with development standards of the Commons at Aliso Viejo Town Center Specific Plan and provisions in the Zoning Code in regard to building height, parking, setbacks, screening, etc. and will not change the footprint of the existing building.

3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. The proposed Project is categorically exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15332, Class 32 (In-fill Development). Class 32 consists of projects characterized as infill development meeting the conditions described in Section 15332. The Project complies with the applicable general plan and zoning regulations; furthers the goals of the General Plan, specifically by providing a diverse mix of land uses to meet the future needs of the community and by promoting the development of revenue-generating land uses; occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; and there are no habitat for endangered, rare or threatened species as it is currently developed with commercial buildings and a paved parking lot.

Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. A traffic analysis prepared by the City’s traffic consultant determined that the vehicle trips generated by the automotive sales and service use would be less than that of the previous shopping center use. The project will not result in significant noise impacts beyond other uses that are currently permitted in the specific plan. Further, the project would not result in significant effects on air and water quality since the electric vehicles (“EV”) have no tailpipe emissions, minimizing greenhouse gas and smog pollutants. The Project involves interior tenant improvement within an existing building located on a developed site that is already served by water, sewer, electric and gas utilities and public services. None of the exceptions to the categorical exemptions set forth in State CEQA Guidelines section 15300.2 apply. Specifically, the Project is not located in a particularly sensitive environment; the cumulative impact of successive projects of this same type in the same place over time would not be significant because these types of conversions are limited in size and number; and there is a 119
finite area that can accommodate commercial uses within this existing building.

Additionally, the existing building is not located within an officially designated state scenic highway, on a site designated pursuant to Government Code section 65962.5 (Cal/EPA Hazardous Waste and Substances Site Lists) or listed as a historic resource.

4. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety, and general welfare, or injurious to or incompatible with other properties or land uses in the vicinity.

Approval of the proposed CUP to permit electric or non-internal combustion engine vehicle sales, lease, and service will not create adverse impacts to the public.

Unlike traditional fuel-dependent vehicles, electric vehicles (“EV”) have no tailpipe emissions, minimizing greenhouse gas and smog pollutants. Electric vehicles are naturally quieter than fuel-dependent vehicles as they lack internal combustion engines. Traditional cars make combustion noise while the only noise emitting from EVs may be minimal humming. Additionally, STC Traffic, Inc, City’s traffic consultant, reviewed the proposed project and determined that the trip generation quantity resulting from auto sales (1,494 daily trips) will be significantly less than the existing shopping center use (3,622 daily trips for the former retail – Michaels, Tuesday Morning, and Lowe’s). Furthermore, public chargers can be installed on or adjacent to any existing parking space with minimal space, unlike typical gas stations.

The shopping center shares parking spaces through a series of reciprocal agreements for parking, access, encroachments, and utilities; therefore, parking is evaluated on all uses within the shopping center at a rate of one space per 220 square feet. The parking requirement is 1,077 parking spaces and 1,090 parking spaces are provided. This parking calculation excludes the 225 parking spaces that are part of the Tesla project and the four (4) parking spaces in the front of the Tesla tenant space which will be used for charging their test-drive vehicles. As proposed, the proposed project will provide for adequate parking for the shopping center.

As for servicing EVs, the proposed plan shows all service activities to be conducted inside of the building, which will be limited to maintenance such as tire balancing and software updates. No autobody pain or collision repair is proposed. Noise levels will be equivalent or less than the following uses that are already permitted or conditionally permitted under the Specific Plan: plant nurseries, dance halls, outdoor theaters, drive throughs, animal grooming and veterinary services, and printing and publishing. Further, automotive uses are permitted in the surrounding area, suggesting that a similar use in the Specific Plan area will not constitute a significant change for the community. For example, a Pep Boys tire shop is located in the Town Center, directly across the Specific Plan area. Beyond that, two car repair shops are located immediately south of the Town Center. 120
The proposed location is convenient for automotive uses, as it is bordered by CA- 73 to the north and public right of ways to the east (Aliso Creek Road) and south (Enterprise). It is also located in the City’s center near several retail and commercial areas like the Town Center. This location suggests that the proposed use may create an even more centralized location to accomplish other errands and activities, such as employment, food shopping, clothing retail, and dining. Newer tenants, such as Tesla, may attract other types of tenants to lease the currently vacant and dilapidating shopping center.

Moreover, the surrounding area—and the City more broadly—lacks many essential vehicle services with no major car dealerships. Residents looking to buy or lease a vehicle inevitably must leave City boundaries to do so. Not only does this make purchasing a car more cumbersome for residents, but it also redirects revenue away from the City.

SECTION 4. Filing of Notice of Exemption. The City Council hereby authorizes and directs staff to prepare, execute and file with the Orange County Clerk a Notice of Exemption for the proposed Project within five working days of this approval.

SECTION 5. Location of Documents. The administrative record for the Project is maintained at City Hall located at 12 Journey, Suite 100, Aliso Viejo, CA 92656. The custodian of records is the City Clerk.

PASSED, APPROVED AND ADOPTED this 16th day of November 2022. _____________________________
Ross Chun
Mayor
APPROVED AS TO FORM: ATTEST:
_____________________________ _____________________________ Scott C. Smith Mitzi Ortiz, MMC
City Attorney City Clerk
121

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF ALISO VIEJO )
I, MITZI ORTIZ, City Clerk of the City of Aliso Viejo, California, DO HEREBY CERTIFY that foregoing Resolution No. 2022-___ was duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the 16st day of November 2022, by the following roll call vote, to wit:

AYES:

NOES:

ABSENT:
___________________________

MITZI ORTIZ

CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Resolution No. 2020-__ duly passed and adopted by the Aliso Viejo City Council at its regular meeting held November 16, 2022. ___________________________

MITZI ORTIZ

CITY CLERK
(SEAL)
122
EXHIBIT “A”
PLANNING APPLICATION USE-22-00009

CONDITIONS OF APPROVAL

1. Project Description. This approval is for the following:
a. Tesla Motors, Inc. to occupy a maximum of 53,660 square feet of tenant area in an existing building located at 26501 Aliso Creek Road (“Property”) for the following uses:
i. Sale and delivery of new vehicles and equipment
ii. Sale and delivery of used vehicles as an accessory use to the sale and delivery of new vehicles and equipment,
iii. Vehicle service, repair, and installation as an accessory use to the sale and delivery of new vehicles and equipment, and
iv. Charging or alternative energy stations with incidental service and repair.
b. Installation of at least eight publicly accessible electric vehicle charging stations at the Property, of which two charging stations shall provide ports with either CHAdeMO and/or SAE connectors. The electric vehicle charging stations shall include at least Alternating Current (“AC”) Level 2 equipment, which offers charging through a 208 volt or 240 volt AC plug.

2. Period of Validity. The period of validity for Planning Application USE-22-00009 shall run indefinitely, unless the use is not established within two years of the permit’s effective date pursuant to AVMC Section 15.74.100.

3. Time Extensions. Upon application before expiration of the period of validity, the City Council may grant or conditionally grant an extension to the period of validity for up to one year per extension if it finds that such an extension is justified by the circumstances of the original findings for the project can still be made with, if necessary, the imposition of conditions not originally imposed on the project. The filing of an application for extension shall stay expiration of the permit until action is taken on the time extension by the decision-making authority. No more than two one-year extensions may be granted or conditionally granted.

4. Development Per Approved Plans. This approval constitutes a precise plan for location and design of uses, structures, features and materials submitted with this application. Development shall occur substantially as shown on the plans and description letter approved for this Project and on file in with the Community Development Department, subject to any modifications imposed by the conditions of approval herein, as confirmed by the Community Development Director. Any land use, construction or improvement not specifically approved by this use permit is not permitted and must be addressed in a separate and subsequent application and review. Relocation, alteration or addition to any use, structure, feature or material not 123
specifically approved shall require an amendment to the approved plans unless the Community Development Director determines such modifications are minor and consistent with the spirit and intent of the original approving action, and that the action would have been the same for the modifications as for the approved plans. The Community Development Director may approve such minor modifications in accordance with AVMC Section 15.74.110.

5. Applicant Designation. For the purpose of Planning Application USE-22-00009 and as referenced in the conditions, “Applicant” shall apply to Troy Thomas on behalf of Tesla Motors, Inc., owner, operator, and future successors of the approved establishment.

6. Payment of Fees. The Applicant shall be responsible for payment of all applicable fees along with reimbursement for all City expenses in ensuring compliance with conditions. All fees and expenses shall be paid in full prior to issuance of a certificate of occupancy. Prior to issuance of applicable City approvals or permits, the applicant shall be fully responsible for reimbursing the City of Aliso Viejo for all expenses incurred to process the application and assure compliance with all conditions of approval.

7. Compliance with Conditions. The Applicant shall be fully responsible for knowing and complying with all conditions of approval, including making conditions known to City staff for future governmental permits or actions on the project site. Failure to abide by and faithfully comply with any and all conditions attached to the granting of these permits may constitute grounds for revocation of the permit(s) in accordance with AVMC Section 15.74.120.

8. Indemnification. The Applicant shall indemnify, protect, defend, and hold the City, and/or any of its officials (appointed or elected), officers, employees, agents, departments, agencies, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, conditional or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and other such procedures), judgments, orders, and decisions (collectively 'Actions'), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Community Redevelopment Law, Code of Civil Procedure Sections 1085 or 1094.5, or any other federal, state, or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse City for any costs and expenses directly and necessarily incurred by the City 124
in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with applicant in the defense of the Action.

9. Compliance with Building Codes. Tenant improvements shall be submitted for review, approved and permits issued, and shall comply with standards, regulations and requirements of current editions of the California Building Code, California Plumbing Code and California Mechanical Code, California Electrical Code, including any local amendments adopted by the City of Aliso Viejo.

10.Building Plans. The Applicant shall submit plans to the Building Department reflecting the change in floor plan uses. The Resolution, as approved by City Council shall be printed within the updated plan set.

11.Conditions of Approval. Prior to the issuance of necessary building permits, the Applicant shall list all conditions of approval on the title sheet.

12. Orange County Fire Authority. Prior to the issuance of necessary building permits, the Applicant or responsible party shall submit the plan(s) listed below to the Orange County Fire Authority for review.
a. Fire Master Plan PR 1452
b. Completed B, F, M, S, U Screening Form
c. Fire Sprinklers PR440 as applicable for the tenant improvement d. Fire Alarm/Monitoring PR500-530 as applicable for the tenant improvement e. Motor Vehicle Repair Garage PR 236

13.Temporary/Final Occupancy Inspections: Prior to issuance of temporary or final certificate of occupancy, all OCFA inspections shall be completed to the satisfaction of the OCFA inspector and be in substantial compliance with codes and standards applicable to the project and commensurate with the type of occupancy (temporary or final) requested. Inspections shall be scheduled at least five days in advance by calling OCFA Inspection Scheduling at 714-573-6150.

14.State and Federal Permits. All necessary State and Federal permits, including the South Coast Air Quality Management District permit, shall be obtained prior to operations.

15.Solid Waste Management Plan (Construction Phase). Prior to issuance of a Building Permit, a construction phase Solid Waste Management Plan shall be prepared and submitted to the Director of Public Works for review and approval. This plan shall include specific measures to reduce refuse generated by construction of the proposed project. The Owner/Developer, property Owner/Developer, or successor in interest shall prepare a waste management plan, which shows how construction materials will be recycled, consistent with the City of Aliso Viejo Waste Reduction Ordinance. 125

16.Solid Waste Management Plan. Prior to issuance of a Building Permit, a Solid Waste Management Plan for continuous solid waste handling shall be submitted to the Director of Public Works for review and approval. This Plan shall assure compliance with AB 939, AB 1594 and AB 1826 provisions to maximize recovery and recycling of solid waste generated on-site including green waste and organics. The plan shall include provisions for storing and handling of solid waste, including location and design of solid waste storage areas. Each area shall conform to the City’s Municipal Code and be designed and constructed in such a manner to be properly screened to prevent precipitation from entering waste containers and to assure water quality standards are maintained for any storm water which may enter a solid waste enclosure, and to provide adequate space for separation of wastes for recycling. The plan shall be reviewed by the City’s franchise solid waste hauler and appropriately modified to assure effective operations. The Project shall require that the Solid Waste Management Plan reduces waste to landfills by a minimum of 75 percent.

17.Pollution Prevention Requirements. The facility shall comply with the City’s Pollution Prevention requirements (Stormwater Program Management, AVMC Chapter 7.35).

An annual water quality inspection will be conducted by City staff to verify compliance.

18.Hazardous Materials. All hazardous materials shall be stored and disposed of in compliance with Local, State and Federal regulations. The business owner and/or manager shall be required to show proof of clearance or permit from Orange County Health Care Agency (OCHCA) and Orange County Fire Authority (OCFA) for the collection and disposal of hazardous materials including used batteries.

19.Signs. All signs proposed for this development are under separate permit and shall be designed in accordance with the Municipal Code and any adopted Sign Program for the property and shall require review and approval of Planning Services and Building Department prior to installation.

20.Mechanical Equipment. All roof-top equipment shall be screened as shown on the approved CUP plans and exhibits to the satisfaction of the Community Development Director. Such screening shall be architecturally consistent with the building and an integral part of the building design.

21.Hours of Operation. The hours of operation for the sales and service facility use shall be limited to the following:
 10:00 a.m. to 7:00 p.m. daily for sales and showroom
 7:00 a.m. to 7:00 p.m. daily for customer appointments for service  7:00 p.m. to 11:00 p.m. daily for service repairs
Any request to modify hours of operation or use shall be submitted in writing to the Director for review and approval. Furthermore, based on substantiated complaints or concerns, the Director may modify the hours of operation as deemed necessary. 126

22.CPTED Inspection. The project is subject to a final CPTED inspection by the Crime Prevention Specialist prior to issuance of permit of occupancy. Based on the Crime Prevention Specialist review and inspection of the Project, the Applicant shall make the required improvements and submit the necessary documentation showing compliance to the satisfaction of the Crime Prevention Specialist.

23.Cameras. Security cameras shall be installed per the satisfaction of the Director of Police Services. The security camera footage shall be kept for at least 30 days and available to the Orange County Sheriff Department (OCSD) within 24 hours if such usage is necessary.

24. The Applicant shall submit a detailed parking plan which shall be reviewed and approved by the Community Development Director, Director of Public Works and Orange County Fire Authority (OCFA). The parking plan shall include the number of parking spaces, dimensions of parking spaces and drive aisle widths. The parking plan shall meet the development standards and regulations of the Commons Specific Plan and OCFA requirements.

25.Parking. All employee vehicles, service vehicles, loaner fleet vehicles and test-drive vehicles shall be parked in the private parking lot on the north side of the building.

Except for the four (4) parking spaces dedicated to test-drive vehicle charging, no parking for these vehicles shall be permitted in the shopping center parking lot.

26.Vehicle Delivery. All vehicles delivered to the premises shall be driven to the private parking lot on the north side of the building or offloaded to the interior of the building only.

27.Outdoor Storage or Repair. No outdoor storage of materials or outdoor activities including but not limited to vehicle cleaning, washing, painting, repair or material storage, shall occur outside of any building or structure.

28.Maintenance. The Applicant shall be responsible for maintaining the entire site as a blight and nuisance-free condition at all times. This shall include but not be limited to ensuring the site is free of litter, unpermitted signage, odors, and excessive noise generated from the business operations.

29.Noise. The use shall not generate noise that exceeds ambient noise levels established in AVMC Chapter 8.12. Doors shall remain closed during hours of operation except while cars enter and exit the building. Furthermore, based on substantiated complaints or concerns, the Director may modify conditions relative to facility operations as deemed necessary.

30.Adverse Impacts. In the event of adverse impacts on the health, safety or welfare of the neighborhood or public, or receipt of substantiated complaints directly related to the Applicant’s operations, the Community Development Director shall investigate and, if significant adverse impacts directly related to the Applicant’s business are 127
found to exist, the Director or Chief of Police shall have the discretion to bring this Permit back to the City Council for the consideration of additional improvements and protective measures, additional conditions, amended conditions, or permit revocation.

Modifications may include but not be limited to the restriction of operations. 128
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Tesla Motors, Inc.
3500 Deer Creek Road, Palo Alto, CA 94304
August 29, 2022
Tesla Center Narrative: 26501 Aliso Creek Rd, Aliso Viejo, CA Description of the Tesla Concept:

Tesla’s mission statement is to accelerate the world’s transition to sustainable energy. We strive to achieve an uncompromising approach to vehicle sales and service. We are quickly expanding our customer base in the state of California and expect this new center in Aliso Viejo to be vital to our presence in Orange County. Our goal is to increase Tesla ownership in the surrounding area, provide customers convenient and reliable access to our brand services and contribute to the city’s high standards for quality lifestyle.

On our Sales and Delivery Model:

The sales area of this center will function primarily to showcase the Tesla Vehicl e, display sample finishes and trims and provide an interactive learning environment where potential customers can learn more about Tesla vehicles, Tesla energy products, and provide customers an opportunity to design and customize their own Tesla vehicle. This experience for the customer will be much like traditional auto sales where staff will answer questions and ultimately help the customer place an order. Once ordered a Tesla vehicle is custom produced offsite in Fremont, California where it will eventually be delivered to this center in Aliso Viejo, CA for customer pick up. The delivery of the vehicle is coordinated with the buyer. An appointment is made so that the buyer will arrive on site to receive their vehicle as it is delivered from Fremont or a nearby logistics hub. This is one of the biggest differences with our operations - Tesla does not keep inventory vehicles ready for sale dwelling on the site premises. Each customer picks-up a pre-ordered custom-built Tesla, and the only inventory vehicles stored are for test drives.

The delivery area of the center functions as follows We will receive truck transporters to the center with new vehicles from our factory daily. Each transporter will hold 8-10 vehicles and most likely be dropped after hours in the back area of the building. Delivery volume will vary throughout the quarter. Customers arrive by appointment to receive their vehicle. They are greeted by a receptionist at the door who introduces them to a delivery specialist. The specialist will lead them to a document signing a rea to finalize their paperwork. This is where the final point of sale is made. Before this point the customer has only paid a deposit. After payment and document signings, they are then led to a delivery bay where they will receive a brief overview of the vehicle prior to taking possession. For customers that prefer a more touchless experience, we can offer the vehicle orientation virtually as well.

On Tesla Vehicles
Our vehicles are unlike traditional automobiles in several ways:

1. Tesla only builds electric vehicles, which inherently require very little service

2. There are no oil changes or tune ups, and no exhaust system work is required

3. Since there are few moving parts, traditional items such as hoses, belts or clutches do not need to be replaced

4. Zero tailpipe emissions means no smog checks

5. Regenerative braking means that you could go over 100k miles before replacing brake pads.

6. Our vehicles can be connected to the Internet, so technicians can remotely download vehicle logs to provide quick and accurate solutions for arising problems and upload the latest software to ensure that vehicles are equipped with the “latest and greatest”

6. We own and operate all Tesla service centers, which allows technicians to work closely with the research and development teams in Silicon Valley.

Tesla produces electric vehicles that solely use electric and no gasoline; it is not a hybrid vehicle. O ur vehicles don’t have internal combustion engines (ICE); thus, the vehicle doesn’t have a fuel tank, use oil, an exhaust system, transmission, or many of the other components that require the storage and use of hazardous materials on site or traditional vehicle ventilation. Our vehicles are extremely environmentally friendly. Our batteries are completely enclosed and don’t give off any chemical vapors. When replaced, there are four points 144

Tesla Motors, Inc.
3500 Deer Creek Road, Palo Alto, CA 94304
to uncouple the battery from the car and then it is sent to one of our Remanufacturing locations for refurbishment.

On our Service operations:

For this center in Aliso Viejo, Tesla will have a count of roughly 75 employees, with 50 employees on-site at any given time. Service working hours will be 7:00 am to 11:00 pm Monday through Sunday. Customer service hours 7am to 7pm Monday through Sunday for service appts. Sales hours will be 10:00am to 7:00 pm, Monday through Sunday. Between Sales, Service & Delivery, we expect about 40-50 customers per day at this center.

Of the 225 parking spaces they will be utilized for customer parking, employee parking and sales and delivery customers. About 75 of the parking spaces allotted to employee parking, 125 for service and new delivery vehicles and 25 for sales customers.

Service is responsible for receiving and preparing new vehicles for delivery and supporting sales to bring the best possible experience. Having a service presence at a Tesla Center gives customers pace of mind for addressing any concerns of their vehicle. A typically customer journey for service repairs will be as follows:

Customers will arrive at the Aliso Viejo Tesla center with their repair work detailed previously through a phone conversation or the Tesla mobile app. Customers will be able to do a touchless drop off or will drive through the front roll-up door labeled “SERVICE” and be greeted by a Service Advisor inside the building.

Depending on the category of repair, the customer will either be brought into our customer lounge to wait their repair or be given alternate transportation to use while their vehicle is in for repair. We will keep a loaner fleet (all Tesla vehicles) of about 10-20 cars for customer use. After the service advisor intakes the customer, the vehicle will be moved to a repair bay for the work to be performed. Generally, the site will have between 50-60 customer vehicles on-site. Doors will remain unlocked during operating hours and they are designed to automatically shut off once car enters or exits the building and wil l remain operational during business hours. Service repairs are completed in the shop which is not a customer facing area. The operation is not a noise concern, and you will not hear machinery outside of the building, The occasional honking of a horn is the loudest noise created in the service shop.

Most Tesla repairs are handled in under an hour. In this case, customers may make use of the customer lounge while their vehicle is repaired. Water and coffee are provided for customers who chose to wait in the lounge. In the case where vehicle repairs will take several hours, customers have the option of waiting at the center , receiving Uber credits, or taking a vehicle from our loaner fleet while they await their repair.

Prevention protocols consistent with Tesla Environmental Health & Safety operational guidelines will be used to manage hazardous waste streams, noise, and odor generated by operations. Hazardous waste such as solvents, metal shavings, contaminated solids, oil absorbents, coolant and lubricating oils will be managed to minimize adverse effects on the environment and be in compliance with the Federal Resource Conservation and Recover act (RCARA) and California State hazardous waste requirements. Moving Tesla vehicles within an interior space is environmentally safe, as the vehicles have no exhaust. We anticipate trash and waste collection will happen 4-5 times per week, depending on the volume of repairs. We will also receive vehicles towed in 4-5 times a day by tow truck as well as supply trucks once a day.

All Tesla Centers are arranged and spaced according to CDC guidelines and local mandates.

Should you have any questions at all, please do not hesitate to contact us.

Thank you,
Stephen Li | Senior Design Manager | [email protected]
Kristina Holt | Regional Manager | [email protected]

145
106
132
19 17
10 7
4 5
5 13
5 14
12 8
6 7

PUBLICLY ACCESSIBLE

EXISTING NEW
233,723 S
186,357 S
47,366 S
2,908 S

BUILDING AREA
F0RMER LOWE’S

PERIMETER BUILDINGS
234,044 SF
186,678 SF
47,366 SF
-

PARKING PROVIDED (EXCLUDING TESLA LOT)

TESLA LOT

PARKING REQUIREMENT
ACCESSIBLE PARKING REQUIREMENT (PER TABLE 11B-208.2)

ACCESSIBLE PARKING PROVIDED

ACCESSIBLE VAN PARKING REQUIREMENT

ACCESSIBLE VAN PARKING PROVIDED
@1/220236,631 SF
(INCLUDING OUTDOOR DINING AREA)

EXISTING
NEW

EXISTING
NEW
1,076 STALL
1,094 STALL
225 STALL
24 STALL
30 STALL
12 STALL
18 STALL
5 STALL
8 STALL
4 STALL
4 STALL

NEW TENANT OUTDOOR DINING AREA

PROJECT SUMMARY

EXISTING NEW
236,631 SF
186,357 SF
183,245 SF
3,112 SF
47,366 SF
2,908 SF

BUILDING AREA
F0RMER LOWE’S

APPROVED AREA W/O LOADING

LOADING AREA
(CANCEL DEMOLITION FROM PREVIOUS APPROVED PLAN)

PERIMETER BUILDINGS

NEW TENANT DINING AREAS
234,044 SF
186,678 SF
47,366 SF
-

PARKING PROVIDED (EXCLUDING TESLA LOT)

TESLA LOT

PARKING REQUIREMENT
ACCESSIBLE PARKING REQUIREMENT (PER TABLE 11B-208.2)

ACCESSIBLE PARKING PROVIDED

ACCESSIBLE VAN PARKING REQUIREMENT

ACCESSIBLE VAN PARKING PROVIDED
@1/220236,631 SF

EXISTING
NEW

EXISTING
NEW
1,076 STALLS
1,094 STALLS
225 STALLS
24 STALLS
30 STALLS
12 STALLS
18 STALLS
5 STALLS
8 STALLS
4 STALLS
4 STALLS
(EXCLUDING TESLA TEST DRIVE & TESLA LOT)
EW
20 TESLA TEST DRIVE
4 STALLS
ACCESSIBLE PARKING REQUIREMENT (PER TABLE 11B-208.2) 24 STALL PARKING PROVIDED (EXCLUDING TESLA LOT) 1,094 STALLS
(EXCLUDING TESLA TEST DRIVE & TESLA LOT)
EW
20 146
147
148
149
150
151
152
153

STC Traffic, Inc.
5973 Avenida Encinas, Suite 218, Carlsbad, CA 92008
www.stctraffic.com
Memorandum
Date: November 7, 2022
To: So Kim, Director of Community Development, City of Aliso Viejo From: Stephen Manganiello T.E., Senior Principal Manager, STC Traffic, Inc.

Philip Wragg, AICP, Project Planner, STC Traffic, Inc.

Project: Tesla, 26501 Aliso Creek Road, Aliso Viejo, California

STC Traffic Inc. (STC) has reviewed Tesla’s proposed 53, 660 SF project located at 2650 1 Aliso Creek Road, Aliso Viejo, California. This memo summarizes our assessment of whether the project screens out from needing to perform a Vehicle Miles Traveled (VMT) Analysis and Level of Service (LOS) analysis based on the City of Aliso Viejo Transportation Impact Guidelines for CEQA and General Plan Consistency (May 2020).

Project Description
The proposed project is to provide a Tesla showroom and repair facility at 2650 1 Aliso Creek Road. The proposed facility will replace 53,660 SF of entitled retail land uses most recently used as a Michaels arts and craft store (25,000 SF), a Tuesday Morning discount store (8,000 SF), part of the former Lowes home improvement store (16,660 SF) and a vacant retail unit (4,000 SF). The site location is shown in Figure 1.

Figure 1 Location Map

154

Tesla, 26501 Aliso Creek Road 2
Memorandum
The proposed facility will occupy a northern section of the building which includes part of the former Lowes store. A 112,180 SF southern section of the building will remain as retail land uses per the existing entitlement. There will be no extension to the building. Attachment A and Attachment B show the existing and proposed site plans respectively.

Trip Generation
STC has completed a trip generation analysis to compare the existing entitled land uses to the proposed project using the Institute of Transportation Engineers (ITE) Trip Generation Manual 11 th Edition. ITE land
use 821 Shopping Plaza (40-150k) was determined to be the most appropriate category for the existing entitled land use. The ITE description for a Shopping Plaza states that many survey sites are anchored by home improvement stores, which is consistent with the former Lowes store. Trip generation for the existing entitled land use is shown below in Table 1.

Table 1 Existing Entitled Land Use Trip Generation
Table 1 shows that the existing entitled land uses generate 3,623 daily trips, 93 AM peak hour trips and 278 PM peak hour trips.

Table 2 below shows the proposed project trip generation and the net trip generation (proposed land use trip generation – existing entitled land use trip generation) . ITE land use 840 Auto Sa les (New) was determined to be the most appropriate category for the proposed project. According to t he ITE land use description this category includes both auto sales and service. As previously stated, the proposed project will occupy the existing 53,660 square feet of building.

Table 2 Project and Net Trip Generation

Description Quantity Daily
AM Peak Hour PM Peak Hour
Total In Out Total In Out
ITE LU 821 Shopping Plaza
Trip Rate (per 1,000 SF of Gross Leasable Area) 67.52 1.73 62% 38% 5.19 49% 51% 1,000 SF of Gross Leasable Area 53.66
Existing Entitled Trips 3,623 93 58 35 278 136 142
Description Quantity Daily
AM Peak Hour PM Peak Hour
Total In Out Total In Out
ITE LU 840 Auto Sales (New)
Trip Rate (per 1,000 SF of Gross Floor Area) 27.84 1.86 73% 27% 2.42 40% 60% 1,000 SF of Gross Floor Area 53.66
Project Trips 1,494 100 73 27 130 52 78
Existing Entitled Trips -3,623 -93 -58 -35 -278 -136 -142 Net Trip Generation -2,129 7 15 -8 -148 -84 -64
155

Tesla, 26501 Aliso Creek Road 3
Memorandum
Table 2 shows that the project will result in a decrease of 2,129 daily trips, an increase of 7 AM peak hour trips and a decrease of 148 PM peak hour trips. The ITE Trip Generation Manual descriptions for the entitled and proposed land uses are provided in Attachment C.

VMT Analysis
Following the implementation of Senate Bill 743 (SB 743) , the Office of Planning and Research (OPR) recommends the use of VMT as the preferred CEQA transportation metric. Consistent with OPR guidelines, the City of Aliso Viejo Transportation Impact Guidelines for CEQA and General Plan Consistency state that projects which generate less than 110 daily vehicle trips can be presumed to have a less than significant impact. As summarized in Table 2 the project will generate significantly less daily trips when compared to the existing entitled land uses. Therefore, the project can be presumed to have a less than significant impact on VMT and no further VMT analysis is required.

Level of Service Analysis
The City’s Guidelines state that a traffic impact analysis which includes LOS analysis shall be required for a project that meets any of the following criteria:
• When either the AM or PM peak hour trip generation is expected to exceed 100 vehicle trip s from the proposed development.
• Projects on the Arterial Highway System which generate 1,600 Average Daily Trips (ADT). • Projects that will add 51 or more trips during either the AM or PM peak hours to any intersection. • Any project where variations from th e standards and guidelines provided in this manual are being proposed.

As summarized in Table 2 the net trip generation falls well below all of the daily and peak hour trip thresholds. It is our understanding that the project does not propose any variatio n from the standards and guidelines. Therefore, an LOS analysis is not required.

Please feel free to contact either myself or Phil Wragg ([email protected]) with any questions or comments regarding this memo.

Sincerely,

Stephen Manganiello, T.E. #2973
Principal, STC Traffic
[email protected]

Attachment A: Existing Site Plan
Attachment B: Proposed Site Plan
Attachment C: ITE Trip Generation Manual Land Use Descriptions 156












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Land Use: 821
Shopping Plaza (40-150k)
Description
A shopping plaza is an integrated group of commercial establishments that is planned, developed, owned, and managed as a unit. Each study site in this land use has between 40,000 and 150,000 square feet of gross leasable area (GLA). The term “plaza” in the land use name rather than “center” is simply a means of distinction between the different shopping center size ranges.

Various other names are commonly used to categorize a shopping plaza within this size range, depending on its specific size and tenants, such as neighborhood center, community center, and fashion center.

Its major tenant is often a supermarket but many sites are anchored by home improvement, discount, or other stores. A shopping plaza typically contains more than retail merchandising facilities. Office space, a movie theater, restaurants, a post office, banks, a health club, and recreational facilities are common tenants. A shopping plaza is almost always open-air and the GLA is the same as the gross floor area of the building.

The 150,000 square feet GLA threshold value between shopping plaza and shopping center n

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smaller than the threshold value, the presence or absence of a supermarket within the plaza has a measurable effect on site trip generation. For a shopping center that is larger than the threshold value, the trips generated by its other major tenants mask any effects of the presence or absence of an on-site supermarket.

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Shopping center (>150k) (Land Use 820), strip retail plaza (<40k) (Land Use 822), and factory outlet center (Land Use 823) are related uses.

Land Use Subcategory
The presence or absence of a supermarket in a shopping plaza has been determined to have a measurable effect on site trip generation. Therefore, data are presented for two subcategories for this land use: sites with a supermarket anchor and sites without a supermarket.

Additional Data
The technical appendices provide supporting information on time-of-day distributions for this land use. The appendices can be accessed through either the ITETripGen web app or the trip generation resource page on the ITE website (https:/ /www.ite.org/technical-resources/topics/trip- and-parking-generation/).

General Urban/Suburban and Rural (Land Uses 800–999)
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The sites were surveyed in the 1980s, the 1990s, the 2000s, and the 2010s in Alberta (CAN), British Columbia (CAN), California, Connecticut, District of Columbia, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Minnesota, Nevada, New

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Washington, and Wisconsin.

Source Numbers
105, 110, 156, 159, 186, 198, 204, 211, 213, 239, 259, 260, 295, 301, 304, 305, 307, 317, 319, 358, 376, 390, 400, 404, 437, 444, 446, 507, 580, 598, 658, 728, 908, 926, 944, 946, 960, 973, 974, 1004, 1009, 1025, 1069
198 Trip Generation Manual 11th Edition • Volume 5
161
Shopping Plaza (40-150k) - Supermarket - No
(821)
Vehicle Trip Ends vs: 1000 Sq. Ft. GLA
On a: Weekday
Setting/Location: General Urban/Suburban
Number of Studies: 7
Avg. 1000 Sq. Ft. GLA: 59
Directional Distribution: 50% entering, 50% exiting
Vehicle Trip Generation per 1000 Sq. Ft. GLA
Average Rate Range of Rates Standard Deviation

67.52 43.29 - 91.06 19.25
Data Plot and Equation
0 20 40 60 800
1000
2000
3000
4000
5000
Average RateStudy Site
Fitted Curve Equation: Not Given R²= ***
X = 1000 Sq. Ft. GLA
7 7ULSV(QGV
212 Trip Generation Manual 11th Edition • Volume 5
162
Shopping Plaza (40-150k) - Supermarket - No
(821)
Vehicle Trip Ends vs: 1000 Sq. Ft. GLA
On a: Weekday,
Peak Hour of Adjacent Street Traffic,
One Hour Between 7 and 9 a.m.

Setting/Location: General Urban/Suburban
Number of Studies: 13
Avg. 1000 Sq. Ft. GLA: 67
Directional Distribution: 62% entering, 38% exiting
Vehicle Trip Generation per 1000 Sq. Ft. GLA
Average Rate Range of Rates Standard Deviation

1.73 0.29 - 3.77 1.06
Data Plot and Equation
0 100 2000
100
200
300
Average RateStudy Site
Fitted Curve Equation: Not Given R²= ***
X = 1000 Sq. Ft. GLA
T = Trips Ends
213General Urban/Suburban and Rural (Land Uses 800–999) 163
Shopping Plaza (40-150k) - Supermarket - No
(821)
Vehicle Trip Ends vs: 1000 Sq. Ft. GLA
On a: Weekday,
Peak Hour of Adjacent Street Traffic,
One Hour Between 4 and 6 p.m.

Setting/Location: General Urban/Suburban
Number of Studies: 42
Avg. 1000 Sq. Ft. GLA: 79
Directional Distribution: 49% entering, 51% exiting
Vehicle Trip Generation per 1000 Sq. Ft. GLA
Average Rate Range of Rates Standard Deviation

5.19 2.55 - 15.31 2.28
Data Plot and Equation
0 100 2000
200
400
600
800
1000
Average RateStudy Site
Fitted Curve Equation: Not Given R²= ***
X = 1000 Sq. Ft. GLA
T = Trips Ends
214 Trip Generation Manual 11th Edition • Volume 5
164
Land Use: 840
Automobile Sales (New)
Description
A new automobile sales dealership is typically located along a major arterial street characterized by abundant commercial development. The sale or leasing of new cars is the primary business at these facilities. However, the land use also commonly provides automobile servicing, parts sales, and used car sales. The dealerships may also provide truck sales and servicing. Automobile sales (used) (Land Use 841) and recreational vehicle sales (Land Use 842) are related uses.

Additional Data
The technical appendices provide supporting information on time-of-day distributions for this land use. The appendices can be accessed through either the ITETripGen web app or the trip generation resource page on the ITE website (https:/ /www.ite.org/technical-resources/topics/trip- and-parking-generation/).

The sites were surveyed in the 1980s, the 1990s, the 2000s, and the 2010s in Alberta (CAN), California, Delaware, Florida, Georgia, Indiana, New York, North Carolina, Ontario (CAN), Oregon,  3
.[
 -(*)/[

)
$-"$)$
\
Source Numbers
260, 271, 280, 328, 414, 424, 427, 438, 440, 507, 571, 583, 612, 715, 728, 880, 881, 936, 974, 975, 1036 252 Trip Generation Manual 11th Edition • Volume 5
165
Automobile Sales (New)
(840)
Vehicle Trip Ends vs: 1000 Sq. Ft. GFA
On a: Weekday
Setting/Location: General Urban/Suburban
Number of Studies: 18
Avg. 1000 Sq. Ft. GFA: 36
Directional Distribution: 50% entering, 50% exiting
Vehicle Trip Generation per 1000 Sq. Ft. GFA
Average Rate Range of Rates Standard Deviation

27.84 14.98 - 41.78 7.01
Data Plot and Equation
0 20 40 60 800
1000
2000
3000
Average RateStudy Site Fitted Curve
Fitted Curve Equation: T = 28.65(X) - 29.45 R²= 0.80
X = 1000 Sq. Ft. GFA
T = Trips Ends
253General Urban/Suburban and Rural (Land Uses 800–999) 166
Automobile Sales (New)
(840)
Vehicle Trip Ends vs: 1000 Sq. Ft. GFA
On a: Weekday,
Peak Hour of Adjacent Street Traffic,
One Hour Between 7 and 9 a.m.

Setting/Location: General Urban/Suburban
Number of Studies: 35
Avg. 1000 Sq. Ft. GFA: 30
Directional Distribution: 73% entering, 27% exiting
Vehicle Trip Generation per 1000 Sq. Ft. GFA
Average Rate Range of Rates Standard Deviation

1.86 0.59 - 6.17 0.94
Data Plot and Equation
0 20 40 60 800
100
200
Average RateStudy Site
Fitted Curve Equation: Not Given R²= ***
X = 1000 Sq. Ft. GFA
T = Trips Ends
254 Trip Generation Manual 11th Edition • Volume 5
167
Automobile Sales (New)
(840)
Vehicle Trip Ends vs: 1000 Sq. Ft. GFA
On a: Weekday,
Peak Hour of Adjacent Street Traffic,
One Hour Between 4 and 6 p.m.

Setting/Location: General Urban/Suburban
Number of Studies: 50
Avg. 1000 Sq. Ft. GFA: 34
Directional Distribution: 40% entering, 60% exiting
Vehicle Trip Generation per 1000 Sq. Ft. GFA
Average Rate Range of Rates Standard Deviation

2.42 0.94 - 5.81 0.98
Data Plot and Equation
0 20 40 60 80 1000
100
200
300
Average RateStudy Site Fitted Curve
Fitted Curve Equation: T = 1.81(X) + 20.91 R²= 0.57
X = 1000 Sq. Ft. GFA
T = Trips Ends
255General Urban/Suburban and Rural (Land Uses 800–999) 168
The Commons at Aliso
Viejo Town Center
26501 Aliso Creek Road
Project Applications: SP-2022-00001 Specific Plan Amendment DA-2022-00001 Development Agreement
USE-2022-00009 Conditional Use Permit
City Council
November 16, 2022
169
Project Request
Request includes:
• An amendment to the Commons at Aliso Viejo Town Center Specific Plan to allow forthe sale, lease, delivery and service of new electric or non-internal combustion engine vehicles • A Development Agreement between the City of Aliso Viejo and ValuerockAliso Viejo LLC • A Conditional Use Permit for Tesla to occupy a 53,660 square foot portion of the vacant building to sell, lease, and service its vehicles on site 2170
Site Summary
Property Information
Square Footage (Existing Building) 186,678 square feet
Square Footage (Proposed Tesla use) 53,660 square feet
Existing Conditions Vacant building formerly occupied by Michael's Craft Store and Lowe's Home
Improvement Center
Zoning Designation Specific Plan No. 2 Commercial-Town
Center (SP2-CTC)
General Plan Designation Town Center Commercial (CT)/High Density Residential (HDR)
3 Rendering from Site Development Permit Approved by City Council on July 20,2022 171
Specific Plan Amendment
Page No. Section Proposed Amendment
IV-3 4.2 Definitions
Energy Facility - Any public or private processing, producing, generating, storing, transmitting, or recovery facility for electricity, natural gas,petroleum, coal or other source of alternative energy.

IV-9 Table IV-1 (Use Table)
• Gas or charge station (associated footnote is also proposed to be removed) • Gas or charge Charging station with incidental service and repair (Permitted) • Electric or non-internal combustion new (used as an accessory use) engine vehicle and equipment Ssales, and lease of on-site vehicles and equipment service (Conditionally Permitted)
• Sale, vehicle parts, new
• Tires, batteries, accessories, lube, oil change, smog check, air conditioning •Specific Plan prohibits automotive uses
•Amend Specific Plan to allow for the sales and service of electric and non- internal combustion engine vehicles
4172
Development Agreement ("DA")
• AVMC Section 15.78.040.D requires that a DA be processed concurrently for projects that include a zone change and conditional use permit
• The proposed DA vests the Applicant with the authority to develop the proposed sales, delivery and service of new electric or non- internal combustion engine vehicles with a conditional use permit • The Applicant to provide the first major car dealership in the City and eight publicly accessible electric vehicle charging stations on site 5173
Conditional Use Permit ("CUP")
6174
Building Elevations
7175
Building Elevations

NORTH ELEVATION
8176
Staff Recommendation to City Council:
• Open and conduct a public hearing;
• Find that the request is exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines Sections 15332 (Infill Development);
• Introduce and approve for first reading an Ordinance entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA, TO AMEND SPECIFIC PLAN NO. 2 FOR THE COMMONS AT ALISO VIEJO TOWN CENTER AND DETERMINE THE ORDINANCE TO BE EXEMPT FROM CEQA (PLANNING APPLICATION SP-2022-00001)
• Introduce and approve for first reading an Ordinance entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA, APPROVING A

DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ALISO VIEJO AND VALUEROCK ALISO VIEJO, LLC FOR

CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF ALISO VIEJO PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65864 ET SEQ. AND DETERMINE THE ORDINANCE TO BE EXEMPT FROM CEQA (PLANNING APPLICATION DA-2022-00001);
• Adopt a Resolution approving Planning Application USE-2022-00009 to allow for the sales and service of non- internal combustion engine vehicles at 26501 Aliso Creek Road. 9177
City of Aliso Viejo

AGENDA ITEM
DATE: November 16, 2022
TO: Mayor and City Council
FROM: Elizabeth McCann, Building Official
So Kim, Director of Community Development
SUBJECT: SECOND READING AND ADOPTION OF AN ORDINANCE TO ADOPT UPDATED 2022 BUILDING CODES
Recommended Actions:

1. Find that the Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15378(a) and 15061(b)(3) as the activity does not qualify as a project and is covered by the general rule that CEQA applies only to projects which have the potential for causing significant effect on the environment.

2. Conduct a public hearing to consider and adopt an Ordinance entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA, AMENDING CHAPTERS 13.02 & 13.04 OF TITLE 13 OF THE ALISO

VIEJO MUNICIPAL CODE AND ADOPTING BY REFERENCE THE FOLLOWING MODEL CODES INTO THE ALISO VIEJO MUNICIPAL CODE: (1) CALIFORNIA BUILDING CODE, VOLUMES 1 & 2, 2022 EDITION; WITH AMENDMENTS; (2) CALIFORNIA ELECTRICAL CODE, 2022 EDITION; (3) CALIFORNIA PLUMBING CODE, 2022 EDITION; (4) CALIFORNIA MECHANICAL CODE, 2022 EDITION; (5) INTERNATIONAL PROPERTY MAINTENANCE CODE; 2021 EDITION (6) CALIFORNIA ADMINISTRATIVE CODE, 2022 EDITION; (7) CALIFORNIA ENERGY CODE, 2022 EDITION; (8) CALIFORNIA REFERENCED STANDARDS CODE, 2022 EDITION; (9) CALIFORNIA EXISTING BUILDING CODE, 2022 EDITION (10) CALIFORNIA RESIDENTIAL CODE, 2022 EDITION; WITH AMENDMENTS; (11) CALIFORNIA GREEN BUILDING STANDARDS CODE, 2022 EDITION; AND (12) CALIFORNIA FIRE CODE, 2022 EDITION, WITH AMENDMENTS.

Discussion:

On November 2, 2022, the City Council had the introduction and first reading of the subject Ordinance. In addition, the City Council set the public hearing date for November 16, 2022, to consider the second reading and adoption of said ordinance. If adopted, the 178

Ordinance will take effect upon the later of (1) 30 days after adoption or (2) January 1, 2023.

Attachment:

1. Ordinance
179

ORDINANCE NO. 2022-______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO
VIEJO, CALIFORNIA, AMENDING CHAPTERS 13.02 & 13.04 OF TITLE 13 OF THE ALISO VIEJO MUNICIPAL CODE AND ADOPTING BY

REFERENCE THE FOLLOWING MODEL CODES INTO THE ALISO
VIEJO MUNICIPAL CODE: (1) CALIFORNIA BUILDING CODE,
VOLUMES 1 & 2, 2022 EDITION; WITH AMENDMENTS (2) CALIFORNIA ELECTRICAL CODE, 2022 EDITION; (3) CALIFORNIA PLUMBING
CODE, 2022 EDITION; (4) CALIFORNIA MECHANICAL CODE, 2022 EDITION; (5) INTERNATIONAL PROPERTY MAINTENANCE CODE,
2021 EDITION; (6) CALIFORNIA ADMINISTRATIVE CODE, 2022
EDITION; (7) CALIFORNIA ENERGY CODE, 2022 EDITION; (8)
CALIFORNIA REFERENCED STANDARDS CODE, 2022 EDITION; (9) CALIFORNIA EXISTING BUILDING CODE, 2022 EDITION; (10)
CALIFORNIA RESIDENTIAL CODE, 2022 EDITION, WITH
AMENDMENTS (11) CALIFORNIA GREEN BUILDING STANDARDS
CODE, 2022 EDITION; AND (12) CALIFORNIA FIRE CODE, 2022 EDITION, WITH AMENDMENTS.

WHEREAS, pursuant to California Government Code Section 50022.1 et seq. the City of Aliso Viejo (“City”) may adopt by reference the California Building Standards Code, 2022 Edition as provided in Title 24 of the California Code of Regulations and other model codes; and
WHEREAS, the California Building Standards Commission ("Commission") recently adopted the 2022 Edition of the California Building Standards Code; and WHEREAS, California Health and Safety Code Sections 17958.7 and 18941.5 authorize cities to adopt the California Building Standards Code with modifications determined to be reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, the City desires to adopt the California Building Standards Code and other model codes with the necessary amendments to assure the Codes are tailored to the particular safety needs of the City as required by its unique climatic, geological and topographical conditions; and
WHEREAS, the Fire Marshal and Building Official have recommended that changes and modifications be made to the California Building Standards Code, and have advised that certain changes and modifications to said Code are reasonably necessary due to local conditions within the City of Aliso Viejo, and have further advised that the remainder of the said changes and modifications are of an administrative or procedural nature, or concern themselves with subjects not covered by the Code, or are reasonably necessary to safeguard life and property within the City of Aliso Viejo; and 180

WHEREAS, the Fire Marshal and Building Official have also recommended that changes and modifications be made to the California Building Standards Code, which are necessary for administrative clarification and to establish administrative standards for the effective enforcement of the building standards of the City of Aliso Viejo and do not modify a building standard pursuant to California Health & Safety Code Sections 17958, 17958.7, and/or 18941.5; and
WHEREAS, the City held a public hearing on November 16, 2022, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the Codes as amended herein; and
WHEREAS, the City published notice of the aforementioned public hearing pursuant to California Government Code Section 6066 on November 3, 2022 and November 10, 2022; and
WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

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

SECTION 1. Authority. The City Council enacts this Ordinance under the authority granted to the City as follows:

A. California Government Code Section 50022 et seq. authorizes the City to adopt by reference the California Building Standards Code and authorizes the City to adopt other uniform codes by reference;
B. California Health & Safety Code Sections 17958.7 and 18941.5 authorize the City to adopt the California Building Standards Code with modifications determined to be reasonably necessary because of local climatic, geological or topographical conditions.

SECTION 2. CEQA. The City Council finds that this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to Sections 15378(a) and 15061(b)(3) as the activity does not qualify as a project and is covered by the general rule that CEQA applies only to projects which have the potential for causing significant effect on the environment. The City Council finds that the changes in this Ordinance are enacted to mitigate the threats posed to public peace, health and safety from earthquakes, storms, flooding, high winds and fire. Therefore, it can be seen with certainty that adoption of this Ordinance will not have a significant adverse effect on the environment and is therefore exempt from CEQA.

SECTION 3. Findings. After receiving public testimony, reviewing the evidence submitted by staff and discussing the proposed ordinance, the City Council hereby finds that the amendment proposed to the California Building Code, California Residential Code, California Plumbing Code and California Fire Code, 2022 editions herein are supported by the following findings:
181

I. Climatic Conditions:

Amendments to Sections 202, 701A.3, 710A.3.2, 710A.4, and 3109F.1 of the 2022 Edition of the California Building Code; Sections R202, R301.2, R337.1.3, and R1001.13 of the 2022 Edition of the California Residential Code; and Sections 1014.1.4 and 1014.1.2 of the 2022 Edition of the California Plumbing Code are reasonably necessary due to the following climatic conditions:

1. Orange County and the City of Aliso Viejo are located in a semi-arid Mediterranean type climate. It annually experiences extended periods of high temperatures with little or no precipitation. The warm climate encourages the proliferation of swimming pool construction which make modifications to the CBC relating to swimming pools desirable to adequately protect small children from drowning hazards. Furthermore, hot, dry (Santa Ana) winds, which may reach speeds of 70 M.P.H. or greater, are also common to the area. These climatic conditions cause extreme drying of vegetation and common building materials. Frequent periods of drought and low humidity add to the fire danger. This predisposes the area to large destructive fires (conflagration). In addition to directly damaging or destroying buildings, these fires are also prone to disrupting utility services throughout the County.

Obstacles generated by a strong wind, such as fallen trees, streetlights and utility poles will greatly impact the response time to reach an incident scene.

Additionally, there is a significant increase in the amount of wind force at 60 feet above the ground. Use of aerial type fire-fighting apparatus above this height would place rescue personnel at increased risk of injury.

2. The climate alternates between extended periods of drought and brief flooding conditions. Flood conditions may affect the Orange County Fire Authority’s (Fire Department) ability to respond to a fire or emergency condition. Floods also disrupt utility services to buildings and facilities within the County.

3. Water demand in this densely populated area far exceeds the quantity supplied by natural precipitation; and although the population continues to grow, the already-taxed water supply does not. California is projected to increase in population by nearly 10 million over the next quarter of a century with 50 percent of that growth centered in Southern California. Due to storage capacities and consumption, and a limited amount of rainfall, future water allocation is not fully dependable. This necessitates the need for additional and on-site fire protection features. It would also leave tall buildings vulnerable to uncontrolled fires due to a lack of available water and the inability to pump sufficient quantities of available water to floors in a fire.

4. These dry climatic conditions and winds contribute to the rapid spread of even small fires originating in high-density housing or vegetation. These fires spread very quickly and create a need for increased levels of fire protection.

The added protection of fire sprinkler systems and other fire protection 182

methods will supplement normal Fire Department response by providing immediate protection for the building occupants and by containing and controlling the fire spread to the area of origin. Fire sprinkler systems will also reduce the use of water for firefighting by as much as 50 to 75 percent. In addition, untreated wood roofs cause or contribute to serious fire hazard and to the rapid spread of fires when such fires are accompanied by high winds.

Pieces of burning wood roofs are carried by the wind to other locations and spread fire quickly.

II. Topographical Conditions:

Amendments to Sections 710A.3, 710A.3.2, 710A.4, 903.2, 903.2.8, and 903.3.1.1.1 of the 2022 Edition of the California Building Code and Sections R319.1, R337.1.3, and R1001.13 of the 2022 Edition of the California Residential Code are reasonably necessary due to the following topographical conditions:

1. Natural slopes of 15 percent or greater generally occur throughout the foothills of Orange County. The elevation change caused by the hills creates the geological foundation on which communities within Orange County are built and will continue to be built on. With much of the populated flatlands already built upon, future growth will occur in areas with steeper slopes and greater constraints in terrain.

2. Located through the County are major roadways, highways and flood control channels that create barriers and slow response times. Hills, slopes, street and storm drain design, accompanied with occasional heavy rainfall, causes roadway flooding and landslides and at times may make an emergency access route impassable. There are areas in Orange County with extended Fire Department emergency response times that exceed the 5- minute goal.

3. Placement of multiple occupancy buildings, location of arterial roads, and fire department staffing constraints due to recent revenue-limiting state legislation have made it difficult for the fire department to locate additional fire stations and provide manpower sufficient to concentrate fire companies and personnel to control fires in high density apartment or condominium buildings.

Fire Department equipment does not allow easy access to areas of buildings greater than 55 feet above the level of Fire Department vehicle access. These conditions create the need for built-in on-site fire protection systems to protect occupants and property until fire-fighting apparatus and personnel arrive on the scene.

4. These topographical conditions combine to create a situation which places Fire Department response time to fire occurrences at risk and makes it necessary to provide automatic on-site fire-extinguishing systems and other protection measures to protect occupants and property.
183

III Geological conditions:

Amendments to Sections R301.2, R301.9, R309.6, R313.1, R313.2, and R313.3.6.2.2 of the 2022 Edition of the California Residential Code are reasonably necessary due to the following geological conditions:

1. Orange County and the City of Aliso Viejo are located in a highly active seismic area. There are earthquake faults that run along both the northeastern and southwestern boundaries of Orange County. The Newport- Inglewood Fault Zone (NIFZ), which runs through Orange County, was the source of the destructive 1933 Long Beach earthquake (6.3 magnitude, hypocenter off Newport Beach coast), which took 120 lives. The quake damaged areas from Laguna Beach to Marina del Rey and inland to Whittier and poses one of the greatest hazards to lives and property in the nation.

Regional planning for reoccurrence is recommended by the State of California, Department of Conservation. There was also an earthquake in December 1989, with the epicenter located near the City of Irvine. The fault on which this quake occurred was unknown prior to this activity. The October 17, 1989, Santa Cruz earthquake resulted in only one major San Francisco fire in the Marina District, but when combined with the 34 other fires and over 500 responses, the Fire Department was taxed to its full capabilities. The Marina District fire was difficult to contain because mains supplying water to the district burst during the earthquake. If more fires had been ignited by the earthquake, it would have been difficult for the fire department to contain them. Experts predict a major earthquake in the Orange County area within the next 50 years. This situation creates the need for both additional fire protection measures and automatic on-site fire protection for building occupants since a multitude of fires may result from breakage of gas and electric lines as a result of an earthquake. As noted by “Planning Scenario on a Major Earthquake on the Newport-Inglewood Fault Zone, 1988, State Department of Conservation,” page 59; “unfortunately, barely meeting the minimum earthquake standards of building codes places a building on the verge of being legally unsafe.”

2. Traffic and circulation congestion presently existing in the City of Aliso Viejo often places fire department response time to fire occurrences at risk.

This condition will be exacerbated by any major disaster, including any earthquake wherein damage to the highway system will occur. This condition makes the need for additional on-site protection for property occupants necessary.

3. The City of Aliso Viejo is located in a seismically active area. The viability of the public water system would be questionable at best after a major seismic event. This would leave tall buildings vulnerable to uncontrolled fires due to a lack of available water and an inability to pump sufficient quantities of any available water to floors above the 55-foot-level. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities 184

because it is likely to create obstacles similar to those indicated under the high wind section above. With the probability of strong aftershocks there exists a need to provide increased protection for occupants on upper floors.

4. Soils throughout the County possess corrosive properties that reduce the expected usable life of water services when metallic pipes in contact with soils are utilized.

5. Portions of the County contain active or former oil production fields. These areas contain a variety of naturally occurring gasses, liquids and vapors.

These compounds present toxicity or flammability hazards to building occupants. Evaluation of these hazards and the risks they pose to development is necessary to implement appropriate mitigation.

The City Council finds that the following table sets forth the sections of the 2019 Edition of the California Fire Code that have been modified and the associated local climatic, topographical and/or geological conditions described below supporting the modifications.
2022 California Fire Code
Amendment Findings Legend
CODE SECTION TITLE (Clarification) FINDINGS
110.4 Violation penalties Administrative
110.4.2 Infraction & Misdemeanor Administrative
202 General definitions Administrative
304.1.2 OCFA Vegetation Management I
305.6 Hazardous conditions I & II
305.7 Disposal of rubbish I & II
307 Open burning, recreational fires, fire pits, fire
rings, and outdoor fireplaces
Administrative
307.6 Fire Pits, Fire Rings, & Outdoor Fireplaces Administrative 307.6.1 Gas-fueled devices I & II
307.6.2 Devices using wood or fuels other than natural
gas or LPG
I & II
307.6.2.1 Where prohibited I & II
308.1.6.3 Sky lanterns I & III
321 Fuel modification requirements for new
construction
I
322 Clearance of brush or vegetation growth from
roadways
I
323 Unusual circumstances Administrative
324 Use of equipment I
324.1 Use of equipment and devices generating heat,
sparks or open flames
I
324.2 Spark arresters I
185

Other amendments:

All other changes to the codes referenced in this Ordinance are hereby found, declared and determined by the City Council to be primarily procedural and non- substantive, and therefore to be equivalent for the purposes intended by the original codes. These amendments are necessary for administrative clarification, 407.5 Hazardous material inventory statement I & II
501.1 Scope Administrative, I, II &
III
510.1 Emergency responder radio coverage Administrative 903.2 Where required (Sprinklers) I, II & III
903.2.8 Group R (Sprinklers) I, II & III
903.3.5.3 Hydraulically calculated systems I & II
1201.1.1 Energy systems, battery charging devices I & II 2801.2 Permit Administrative
2808.2 Storage site Administrative
2808.3 Size of piles I
2808.4 Pile separation I
2808.7 Pile fire protection I
2808.9 Material-handling equipment I
2808.11 Temperature control I
2808.11.1 Pile temperature control I
2808.11.2 New material temperature control I
2808.12 Water availability for piles I
2808.13 Tipping area I
2808.14 Emergency contact Administrative
4906.3 OCFA Vegetation Management Guideline I
4908 Fuel modification requirements for new
construction
I
5001.5.2 Hazardous materials inventory statement Administrative 5003.1.1.1 Extremely hazardous substances I & III
5608.2 Retail fireworks Administrative
5608.3 Application for permit Administrative
5701.1.1 On-Demand Mobile Fueling N/A
5801.1 Scope N/A
Chapter 80 Reference Standards N/A
2016 NFPA 13 (Sprinkler Systems) Administrative, II & III 2016 NFPA 13-D (Single Family Sprinkler
Systems)
I & II
2013 NFPA 14 (Standpipe Systems) Administrative
2016 NFPA 24 (Underground Water Supply
Systems)
Administrative & III
186

and do not modify a building standard pursuant to California Health & Safety Code Sections 17958, 17958.7 and/or 18941.5. They establish standards for the effective enforcement of the building standards in the City of Aliso Viejo.

SECTION 4 . Chapter 13.02 Building Regulations. Chapter 13.02 of Title 13 entitled “Building Regulations” is hereby removed in its entirety and replaced with the following:
“CHAPTER 13.02 BUILDING REGULATIONS”

13.02.010 Adoption of 2022 California Building Code and Related Codes.

13.02.020 Violations.

13.02.030 Board of Appeals.

13.02.040 Fees.

13.02.050 Administration.

13.02.060 Amendments to Chapter 1 of the California Building Code.

13.02.065 Amendments to Chapter 2 of the California Building Code.

13.02.070 Amendments to Chapter 5 of the California Building Code.

13.02.075 Amendments to Chapter 7A of the California Building Code.

13.02.080 Amendments to Chapter 9 of the California Building Code.

13.02.090 Amendments to Chapter 15 of the California Building Code.

13.02.095 Amendments to Chapter 18 of the California Building Code

13.02.100 Amendments to Chapter 31 of the California Building Code

13.02.120 Amendments to the California Residential Code.

13.02.130 Amendments to the California Electrical Code.

13.02.140 Amendments to the California Plumbing Code.

13.02.150 Building deposits.

The City Council, for the purpose of prescribing regulations for the erecting, construction, enlargement, alteration, repair, improving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of all buildings and structures in the city, hereby adopts the following codes by reference and the amendment to these codes as set forth in Chapters 13.02 of the Aliso Viejo Municipal Code:
187

A. The California Building Code, 2022 Edition, Vol. 1&2, with amendments, based on the 2021 International Building Code as published by the International Code Council,
B. The California Residential Code, 2022 Edition, with amendments based on the 2021 International Residential Code as published by the International Code Council;
C. The California Electrical Code, 2022 Edition, based on the 2020 National Electrical Code as published by the National Fire Protection Association; D. The California Mechanical Code, 2022 Edition, based on the 2021 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials;
E. The California Plumbing Code, 2022 Edition, based on the 2021 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials;
F. The California Green Building Standards Code, 2022 Edition, as published by the California Building Standards Commission;
G. The California Energy Code, 2022 Edition, as published by the International Code Council;
H. The California Administrative Code, 2022 Edition, as published by the International Code Council;
I. The California Referenced Standards, 2022 Edition, as published by the International Code Council;
J. The California Existing Building Code, 2022 Edition as published by the International Code Council;
K. The International Property Maintenance Code, 2021 Edition, as published by the International Code Council;
L. The California Fire Code, 2022 Edition, as published by the International Code Council.

The provisions of these codes as amended by Chapters 13.02 and 13.04 of the Aliso Viejo Municipal Code (“Codes”) shall constitute the Building Regulations of the City of Aliso Viejo. The primary codes and the Codes as adopted by reference and amended by the City are on file for public examination in the office of the Building Official. Such Codes are hereby adopted and incorporated as though set forth in full in this section. 188

13.02.020 Violations.

For all sections of the Codes including any and all amendments to these Codes included within this chapter, the following shall apply pertaining to violations and shall replace any sections of those codes that pertain to violation.

It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the City, or cause same to be done, contrary to or in violation of any of the provisions of this chapter.

Any person, firm, or corporation violating any of the provisions of this chapter, shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted, and upon conviction of any such violation such persons shall be punished by a fine of not more than $1,000.00 or by imprisonment for not more than six months, or by both such fine and imprisonment.

13.02.030 Board of Appeals.

For all sections of the Codes, including any and all amendments included within this chapter, the following shall apply pertaining to board of appeals and shall replace any sections of those codes that pertain to board of appeals.

In order to determine the suitability of alternate materials and methods of construction and provisions of these Codes, there shall be a board of appeals, consisting of five members, composed of the mayor and the other members of the city council. Said members shall hold their respective membership on said board of appeals by reason of, and concurrently with their terms of service as council members and shall cease to be such members upon their ceasing to be such council members. The building official shall be the secretary of the board.

The board may adopt reasonable rules and regulations for conducting its investigations and shall render all its decisions and findings on contested matters, in writing to the building official, with a duplicate copy thereof to any appellant or contestant affected by any such decision or finding and may recommend to the city council such new legislation, if any, as is consistent therewith.

Three members of the board shall constitute a quorum. The mayor shall be the presiding officer of the board and in the mayor's absence the mayor pro-tem shall preside. Meetings shall be conducted in accordance with the Brown Act.

The board shall have the right, subject to such limits as the city council may prescribe by resolution, to employ at the cost and expense of the city, such qualified individuals as the board, in its discretion, may deem reasonably necessary in order to assist it in its investigations and making its findings and decisions.
189

13.02.040 Fees.

All fees set forth in sections of the Codes adopted by reference and amended by the City in Chapters 13.02 and 13.04 of the Aliso Viejo Municipal Code shall be as set forth by resolution of the city council

13.02.050 Administration.

Chapter 1 of the 2022 California Building Code, as amended by the City in this Chapter, is hereby adopted as the administrative provisions of all the Codes in Chapters 13.02 and 13.04 of the Aliso Viejo Municipal Code.

13.02.060 Amendments to Chapter 1 of the California Building Code.

Chapter 1, Division II, Scope and Administration, is amended as follows:

SECTION 101.1, Title is amended to include the following:

These regulations shall be known as the Building Code of the City of Aliso Viejo, hereinafter referred to as “this code.” SECTION 101.4, Referenced Codes is deleted in its entirety and replaced with the following:
101.4. Referenced Codes. The 2022 California Building Standards Code shall be considered part of the requirements of this code to the extent of each such reference.

SECTION 104.8 Liability is amended to include the following:

The provisions of this section shall apply if the Building Official or his/her authorized representative are employees of this jurisdiction and shall also apply if the Building Official or his/her authorized representatives acting under contract as agents of this jurisdiction.

SECTION 105.2, Work Exempt from Permit, under Subsection Building is amended to revise Item 2 and add Item 14:

Section 105.2. Work Exempt from Permit.

Building:

2. Walls and fences less than 72 inches in height.

14.Decks not exceeding 200 square feet (18.58m 2) in
area, that are not more 30 inches (762mm) above
190

grade at any point, are not attached to a dwelling and
do not serve the exit door required by Section R311.2.

SECTION 105.5 is amended as follows:

Section 105.5. Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced with 12 months after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The Building Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 each. The extension shall be requested in writing and justifiable cause demonstrated.

Time limitation for permit expiration as the result of code enforcement shall be as per notice of violation or as otherwise determined by the Building Official.

SECTION 105.8 is added to read as follows:

Section 105.8. Reconstruction. If the value of the reconstruction (or renovations) of a building is equal to or exceeds 75 percent of the value of the building, the entire building shall comply with the code provisions for new construction. The value of the reconstruction (or renovation) for a property shall include the value of all construction stemming from construction-related permits issued within the last two years.

SECTION 107.3, Examination of Documents, is amended to add a paragraph as follows:

An expedited review and permit issuance process shall be provided for EV Charging Stations and simplified forms for submittal will be made available on City’s website.

SECTION 109.4, Fees, is amended to read as follows:

Failure to pay fees and obtain a permit before commencing work shall be deemed a violation of this chapter. At the Building Official’s discretion, a violation may result in an assessment, which includes the required permit fees, of up to double the permit fees for work on a building, structure, mechanical, gas, electrical or plumbing system before obtaining the necessary permits. Payment of assessed fees shall not relieve any person from fully complying with the requirements of this chapter nor from any other penalties prescribed herein.
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SECTION 111.5. Declaration of Intended Use is added to read as follows:

When required by the fire chief, with the concurrence of the building official, any or all owners of any occupancy may be required to record with the county recorder of the County of Orange a legal instrument of intended use. This legal instrument shall be called a declaration of intended use. The declaration of intended use shall be in accordance with the requirements of this section. It shall specifically state, by occupancy classification, all intended uses of all portions of the occupancy and may not be modified or withdrawn without the approval of the fire chief with the concurrence of the building official. Unapproved changes of occupancy or use can be cause for an immediate hearing before the building official and the fire chief or their designees. Such hearing shall be conducted to rule on the revocation of the certificate of occupancy and the revocation of all permits issued to all owners, tenants, operators and occupants of all portions of the occupancy. The declaration of intended use shall be binding on all present and future owners, tenants, operators and occupants.

SECTION 111.5.1, Certified Copies, is added to read as follows:

Section 111.5.1 Certified Copies. A certified copy of the recorded declaration of intended use may be required to be filed with the building official and the fire chief before any certificate of occupancy and/or any permits are issued to any or all owners, tenants, operators or occupants of the occupancy.

13.02.065 Amendments to Chapter 2 of the California Building Code.

Chapter 2, Definitions, is amended as follows:

SECTION 202 Definitions is revised, to add the following definitions:

BARRIER Barrier is a fence, wall, building wall, or any combination of these that completely surrounds the swimming pool and obstructs access to the swimming pool.

SPARK ARRESTER. A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions:

1. Removing and retaining carbon and other flammable
particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366.

2. Fireplaces that burn solid fuel in accordance with California Building Code Chapter 28.
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SWIMMING POOL. Any body of water created by artificial means which is designed, intended for use, or used for swimming or immersion purposes, which has a water depth exceeding 18 inches.

The term, “pool,” includes swimming pools, spas, hot tubs, above-and below-ground, and vinyl-lined pools; pool does not include plumbing fixtures such as bathtubs nor does it apply to man-made lakes, reservoirs, farm ponds, or ponds used primarily for public park purposes, water conservation purposes, irrigation purposes or for the watering of livestock.

13.02.070 Amendments to Chapter 5 of the California Building Code.

Chapter 5, General Building Heights and Areas is amended to read as follows:

SECTION 502.1 Address Identification
502.1. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 4 inches in height with a stroke width of not less than 0.5 inch.

For R-3 and other occupancies, the numbers shall be a minimum of 6 inches high with a minimum stroke width of 1 inch. Where required by the fire official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained.

13.02.075 Amendments to Chapter 7A of the California Building Code.

Chapter 7A, Materials and Construction Methods for Exterior Wildfire Exposure.

Adopt Chapter 7A in its entirety with the following amendments:

SECTION 701A.3 is amended to read as follows:
701A.3 Application . New buildings located in any Fire Hazard Severity Zone or any Wildland-Urban Interface Fire Area designated by the enforcing agency constructed after the application date, and additions to and remodel of buildings constructed before 2012 located in areas currently designated as such, shall comply with the provisions of this chapter. The provisions shall also apply to additions, remodels, and accessory structures located within 100 feet of a fuel modification zone, vegetation management area, or similar area containing hazardous combustible vegetation, regardless of whether the property is currently located in a designated Fire Hazard Severity Zone or Wildland-Urban 193

Interface Fire Area, when materials and/or construction methods for exterior wildfire exposure were previously required at the property by the Building or Fire Code Official.

Exceptions:

1. Buildings of an accessory character classified as a Group U occupancy and not exceeding 120 square feet in floor area, when located at least 30 feet from the applicable building.

2. Buildings of an accessory character classified as a Group U occupancy of any size located least 50 feet from an applicable building.

3. Buildings classified as a Group U Agricultural Building, as defined in Section 202 of this code (see also Appendix C – Group U Agricultural Buildings), when located at least 50 feet from an applicable building.

SECTION 710A.3.3 is amended to read as follows:
710A.3.3 Detached Miscellaneous Structure Requirements. Detached accessory structures within 50 feet of an applicable building shall comply with the requirements of this section.

SECTION 710A.4 Requirements, is amended to read as follows:
710A.4 Requirements. Accessory structures shall be constructed of non- combustible or ignition-resistant materials...

13.02.080 Amendments to Chapter 9 of the California Building Code.

Chapter 9, Fire Protection and Life Systems, is amended as follows:

SECTION 903.2, Where Required, is amended to read as follows:
903.2 Approved automatic sprinkler systems in buildings and structures shall be provided when one of the following conditions exists:

1. New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.19, an automatic fire-extinguishing system shall also be installed in all occupancies when the total building area exceeds 5,000 square feet as defined in Section 202 of the California Building Code, regardless of fire areas or allowable area, or is more than two stories in height.
194

Exception: Subject to approval by the Fire Code Official, open parking garages in accordance with Section 406.5 of the California Building Code.

2. Existing Buildings: Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when an addition occurs and one of the following conditions exists:
a. When an addition is 33% or more of the existing building area, and the resulting building area exceeds 5000 square feet b. When an addition exceeds 2000 square feet and the resulting building area exceeds 5000 square feet.
c. An additional story is added above the second floor regardless of fire areas or allowable area.

Exception: Additions to Group R-3 occupancies shall comply with Section 903.2.8 (2).

SECTION 903.2.8, Group R, is amended to read as follows:
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:

1. New Buildings: An automatic sprinkler system shall be installed throughout all new buildings, with the exception of accessory dwelling units where automatic fire extinguishing systems have not been required for the primary residence.

2. Existing R-3 Buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exists:
a. When an addition is 33% or more of the existing building area as defined in Section 202, and the final area is larger than 3,600 square feet within a two-year period.
b. An addition when the existing building is already provided with automatic sprinklers; or,
c. When an existing Group R Occupancy is being substantially renovated, and where the scope of the renovation is such that the Building Code Official determines that the complexity of installing a sprinkler system would be similar as in a new building.
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Exceptions:

1. Existing Group R-3 occupancies converted to Group R-3.1 occupancies and not housing bedridden clients, not housing nonambulatory clients above the first floor, and not housing clients above the second floor.

2. Existing Group R-3 occupancies converted to Group R-3.1 occupancies housing only one bedridden client and complying with Section 435.8.3.3 of the California Building Code.

3. Pursuant to Health and Safety Code, Section 13113, occupancies housing ambulatory children only, none of whom are mentally ill children or children with intellectual disabilities, and the buildings or portions thereof in which such children are housed are not more than two stories in height, and building or portions thereof housing such children have an automatic fire alarm system activated by approved smoke detectors.

4. Pursuant to Health and Safety Code, Section 13143.6, occupancies licensed for protective social care which house ambulatory clients only, none of whom is a child (under the age of 18 years) or who is elderly (65 years of age or over).

When not used in accordance with Section 504.2 or 506.3 of the California Building Code, an automatic sprinkler system installed in accordance with Section 903.3.1.2 shall be allowed in Group R-2.1 occupancies.

An automatic sprinkler system designed in accordance with Section 903.3.1.3 shall not be utilized in Group R-2.1 or R-4 occupancies.

SECTION 903.3.1.1.1, Exempt Locations, is amended by revising Item 5 as follows:

5. When approved by the fire code official, spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, and associated electrical power distribution equipment, provided those spaces or areas are equipped throughout with an automatic smoke detection system in accordance with Section 907.2 and are separated from the remainder of the building by fire barriers consisting of not less than 1-hour fire barriers constructed in accordance with Section 707 or not less than 2 hour horizontal assemblies constructed in accordance with Section 712, or both.

SECTION 903.3.5.3, Hydraulically Calculated Systems, is hereby added as follows:
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Section 903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity.

Exception: When static pressure exceeds 100 psi, and required by the Fire Code Official, the fire sprinkler system shall not exceed water supply capacity specified by Table 903.3.5.3.

13.02.090 Amendments to Chapter 15 of the California Building Code Chapter 15, Roof Assemblies and Rooftop Structures
TABLE 1505.1 is amended, by deletion of Table 1501.1 and the addition of a new Table 1505.1 thereto, to read as follows:

TABLE 1505.1a

MINIMUM ROOF COVERING CLASSIFICATIONS

TYPES OF CONSTRUCTION

IA IB IIA IIB IIIA IIIB IV VA VB

B B B B B B B B B
For SI: 1 foot = 304.8 mm, 1 square foot = 0.0929 m2.
a. Unless otherwise required in accordance with Chapter 7A. 1505.1.3 Roof coverings within all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class B.
197

13.02.095 Amendment to Chapter 18 of the California Building Code Chapter 18, Soils and Foundations
SECTION 1807.1.6 is amended to read as follows:
1807.1.6 Prescriptive design of concrete and masonry foundation walls.

Concrete and masonry foundation walls that are laterally supported at the top and bottom shall be permitted to be designed and constructed in accordance with this section. Prescriptive design of foundation walls shall not be used for structures assigned to Seismic Design Category D, E or F.

13.02.100 Amendments to Chapter 31 of the California Building Code.

Chapter 31, Special Construction
SECTION 3109 Swimming Pools, Spas and General
3109.3 Residential swimming pools is added to the CBC to read Residential swimming pools shall be completely enclosed by a barrier complying with Sections 3109.3.1 through 3109.3.3.
3109.3.1 Barrier height and clearances. The top of the barrier must be at least 60 inches above grade measured on the side of the barrier that faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier must be two inches measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or mounted on top of the pool structure, at the maximum vertical clearance between the top of the pool structure and the bottom of the barrier must be four inches. 3109.3.1.1 Openings. Openings in the barrier must not allow passage of a 4- inch-diameter sphere.
3109.3.1.2 Solid barrier surfaces. Solid barrier surfaces which do not have openings shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.
3109.3.1.3 Closely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not be greater than 1 ¾ inches in width. Where there are decorative cutouts within vertical members, spacing with the cutouts shall not be greater than 1 ¾ inches in width.
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3109.3.1.4 Widely spaced horizontal members. Where the barrier is composed of horizontal members and the distance between the tops of the horizontal members is 45 inches or more, spacing between vertical members must not be greater than 4 inches. Where there are decorative cutouts within vertical members, spacing must not be greater than 1 ¾ inches in width. 3109.3.1.5 Chain link dimensions. Mesh size for chain link fences must not be greater than 1 ¾ inches in width, unless the fence is provided with slats fastened at the top or bottom that reduce the openings to not more than 1 ¾ in width.
3109.3.1.6 Diagonal members. Where the barrier is composed of diagonal members shall not be greater than 1 ¾ inches.
3109.3.1.7 Gates. Access gates must comply with the requirements of Sections 3109.3.1 through 3109.3.1.6 and must be equipped to accommodate a locking device. Pedestrian access gates must open outward away from the pool and must be self-closing and have a self-latching device. Doors or gates other than pedestrian access gates must have a self-latching device and must be equipped with lockable hardware or padlocks and must remain locked at all times when not in use. Release mechanisms must comply with Sections 1010.1.9 and 1109.13. Where release mechanisms of the self-latching device are located less than 60 inches above grade measured on the side of the barrier that faces away from the swimming pool, the release mechanism must be located on the pool side of the gate at least three inches below the top of the gate and the gate barrier may have no opening greater than one-half inch within 18 inches of the release mechanism.
3109.3.1.8 Dwelling wall as a barrier. Where a wall of a dwelling serves as part of the barrier, two safety devices must be provided in accordance with Section 115922 of the California Health and Safety Code.
3109.3.1.9 Pool structure as barrier. Where an above-ground pool structure, and the means of access is a ladder or steps, then the ladder or steps either shall be capable of being secured, locked or removed to prevent access, or the ladder or steps shall be surrounded by a barrier that meets the requirements of Sections 3109.3.1.1 through 3109.3.1.8. Where the ladder or steps are secured, locked or removed, any opening shall not allow the passage of a 4-inch- diameter sphere.
3109.3.2 Indoor swimming pools. Wall surrounding indoor swimming pools shall not be required to comply with Section 3109.3.1.8. through 3109.3.3. 3109.3.3 Prohibited Locations. Barriers shall be located as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers. There shall be a clear zone of not less than 36” between the exterior of the enclosure and any permanent structures or equipment such as pumps, 199

filters and heaters that can be used to climb the enclosure.

13.02.120 Amendments to the California Residential Code.

Chapter 1, Scope and Application, is amended as follows:

SECTION R105.5 is amended as follows:

R105.5. Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced with 12 months after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The Building Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 each. The extension shall be requested in writing and justifiable cause demonstrated.

Time limitation for permit expiration as the result of code enforcement shall be as per notice of violation or as otherwise determined by the Building Official.

Chapter 2, Definitions, is amended as follows:

SECTION R202 Definitions is amended by adding “Barrier,” OCFA” and “Spark Arrester” as follows:

BARRIER. Barrier is a fence, wall, building wall, or any combination of these that completely surrounds the swimming pool and obstructs access to the swimming pool.

OCFA. Orange County Fire Authority, fire authority having jurisdiction.

SPARK ARRESTER. A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions:

1. Removing and retaining carbon and other flammable
particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366.

2. Fireplaces that burn solid fuel in accordance with California Building Code Chapter 28 combustible vegetation.

Chapter 3, Building Planning, is amended as follows:

SECTION R301.2, Climatic and Geographic Design Criteria, is amended as follows:
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R301.2 Climatic and Geographic Design Criteria, Table R301.2(1) Climatic and Geographic Design Criteria.

TABLE R301.2(1)

CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
GROUND
SNOW
LOAD

WIND DESIGN

SEISMIC
DESIGN

CATEGORY
f

SUBJECT TO DAMAGE
FROM
WINTER
DESIGN
TEMP e

ICE BARRIER

UNDERLAYMENT
REQUIRED h
FLOOD

HAZARDS
g
AIR

FREEZING
INDEX i
MEAN
ANNUAL
TEMP j
Speed
d
(mph)
Topographic
effects k
Weathering
a
Frost
line
Depth
b
Termite
c
Zero 110 No D2 or E Severe
12-
24”
Very
Heavy 50 No
04-19-
2006
2006-082 0 64
MANUAL J DESIGN CRITERIA n

ELEVATION LATITUDE WINTER

HEATING
SUMMER

COOLING

ALTITUDE

CORRECTION
FACTOR
INDOOR
DESIGN

TEMPERATURE
DESIGN

TEMPURATURE

COOLING
HEAT

TEMPERATURE

DIFFERENCE
390 34 41 85 70 75

COOLING

TEMURATURE

DIFFERENCE
WIND

VELOCITY

HEATING
WIND

VELOCITY

COOLING

COINCIDENT

WET BULB
DAILY
RANGE
WINTER

HUMIDITY
SUMMER

HUMIDITY
7 68 22 11 (50% RH)
For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s. a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216 or C 652. b. The City of Aliso Viejo does not have any Flood Hazards Zones.

Section R301.9, Fuel Modification Requirements for New Construction, is hereby added as follows:

R301.9 Fuel Modification Requirements for New Construction. All new structures and facilities adjoining land containing hazardous combustible vegetation shall be approved and in accordance with the requirements of OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for new Construction Fuel Modification Plans and Maintenance Program.”
Section R309.6, Fire sprinkler attached garages, and carports with habitable space above, is hereby amended by modifying the exception to read as follows:

Exception: An automatic residential fire sprinkler system shall not be required when additions or alterations are made to existing carports and/or garages that do not have an automatic fire sprinkler system installed 201

unless a sprinkler system is required in accordance with California Fire Code Section 903.2.8.

SECTION R313.1, Townhouse automatic fire sprinkler systems, is hereby amended by modifying the exception as follows:

Exception: An automatic residential fire sprinkler system shall not be required when additions or alterations are made to existing townhouses that do not have an automatic fire sprinkler system installed unless a sprinkler system is required in accordance with California Fire Code Section 903.2.8.

SECTION R313.2, One and two-family dwellings automatic fire sprinkler systems, is hereby amended by modifying the exception as follows:

Exception: An automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic sprinkler system unless a sprinkler system is required in accordance with California Fire Code Section 903.2.8.

SECTION R313.3.6.2.2, Calculation procedure, is hereby revised as follows:

R313.3.6.2.2 Calculation procedure. Determination of the required size for water distribution piping shall be in accordance with the following procedure and California Fire Code Section 903.3.5.3.

SECTION R319.1, Address identification, is hereby revised as follows:

R319.1 Address Identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 4 inches in height with a stroke width of not less than 0.5 inch. Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained.

SECTION R337.1.3, Application, is hereby revised to read as follows:

R337.1.3 Application. New buildings located in any Fire Hazard Severity Zone or any Wildland-Urban Interface Fire Area designated by the enforcing agency constructed after the application date, and additions to 202

and remodel of buildings constructed before 2012 located in areas currently designated as such, shall comply with the provisions of this chapter. The provisions shall also apply to additions, remodels, and accessory structures located within 100 feet of a fuel modification zone, vegetation management area, or similar area containing hazardous combustible vegetation, regardless of whether the property is currently located in a designated Fire Hazard Severity Zone or Wildland-Urban Interface Area, when materials and/or construction methods for exterior wildfire exposure were previously required at the property by the Building or Fire Code Official.

Exceptions:

1. Buildings of an accessory character classified as a Group U occupancy and not exceeding 120 square feet in floor area, when located at least 30 feet from an applicable building.

2. Buildings of an accessory character classified as a Group U occupancy of any size located at least 50 feet from an applicable building.

3. Buildings classified as a Group U Agricultural Building, as defined in Section 202 of this code (see also Appendix C – Group U Agricultural Buildings), when located at least 50 feet from an applicable building.

SECTION R337.1.6, Fuel Modification Requirements for New Construction, is hereby added as follows:

R337.1.6 Fuel Modification Requirements for New Construction. All new buildings to be built or installed in hazardous fire areas shall comply with the following:

1. Preliminary fuel modification plans shall be submitted to and approved by the fire code official concurrent with the submittal for approval of any tentative map.

2. Final fuel modification plans shall be submitted to and approved by the fire code official prior to the issuance of a grading permit. The fuel modification plan shall include provisions for the maintenance of the fuel modification for perpetuity.

3. The fuel modification plans shall meet the criteria set forth in the Fuel Modification Section of the Orange County Fire Authority Vegetation Management Guidelines.
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4. The fuel modification plan may be altered if conditions change. Any alterations to the fuel modification areas shall have prior approval from the fire code official.

5. All elements of the fuel modification plan shall be maintained in accordance with the approved plan and are subject to the enforcement process outlined in the Fire Code.

Chapter 9, Roof Assemblies, is amended as follows:

SECTION R902.1 is amended by revising it to allow only class A or B roofs as follows:

R902.1 Roofing covering materials. Roofs shall be covered with materials as set forth in Sections R904 and R905. A minimum Class A or B roofing shall be installed in areas designated by this section. Classes A or B roofing required by this section to be listed shall be tested in accordance with UL 790 or ASTM E 108.

Exceptions:

1. Class A roof assemblies include those with coverings of brick, masonry and exposed concrete roof deck.

2. Class A roof assemblies also include ferrous or copper shingles or sheets, metal sheets and shingles, clay or concrete roof tile, or slate installed on noncombustible decks.

SECTION R902.1.3 is amended by revising it to require a minimum Class B roof as follows:

R902.1.3 Roof coverings within all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class B.

SECTION R902.2, first paragraph is amended by revising it to allow only Class A or B treated wood roofs as follows:

R902.2 Fire-retardant-treated shingles and shakes. Fire-retardant-treated wood shakes and shingles are wood shakes and shingles complying with UBC Standard 15-3 or 15-4 which are impregnated by the full-cell vacuum-pressure process with fire-retardant chemicals, and which have been qualified by UBC Standard 15-2 for use on Class A or B roofs. 204

Chapter 10, Chimneys and Fireplaces, is amended as follows:

Section R1001.13, Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices, is hereby added as follows:

R1001.13 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices.

Outdoor fireplaces, fire pits, fire rings, or similar exterior devices shall comply with this section.

Exception: Barbeques, grills, and other portable devices intended solely for cooking.

Section R1001.13.1, Gas-fueled devices, is hereby added as follows:

R1001.13.1 Gas-fueled devices. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied-petroleum gas are allowed when approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. Where a permanent Building Department approved hood and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have a spark arrester in accordance with Section R1003.9.2.

Section R1001.13.2, Devices using wood or fuels other than natural gas or liquefied-petroleum gas, is hereby added as follows:

R1001.13.2 Devices using wood or fuels other than natural gas or liquefied-petroleum gas. Fireplaces burning wood or other solid fuel shall be constructed in accordance with Section R1001. Fires in a fireplace shall be contained within a firebox with an attached chimney. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks. The burning of wood or other solid fuel in a device is not allowed within 15 feet of combustible structures, unless within a permanent or portable fireplace.

Section R1001.13.3, Devices using wood or fuels other than natural gas or liquefied-petroleum gas, is hereby added as follows:

R1001.13.3 Where prohibited. The burning of wood and other solid fuels shall not be conducted within a fuel modification zone. Wood and other solid fuel burning fires in devices other than permanent fireplaces are not allowed within Wildfire Risk Areas (WRA) and adopted Fire Hazard Severity Zones (FHSZ) or in locations where conditions could cause the spread of fire to the WRA or FHSZ, unless determined by the Fire Code 205

Official that the location or design of the device should reasonably prevent the start of a wildfire.

13.02.135 Amendments to the California Electrical Code
Article 310.106(B) Conductor Material is amended by the addition of a second paragraph to read as follows:

Copper wire shall be used for wiring No. 6 and smaller in all installations.

Consideration for use of aluminum wiring can be made by the Building Official for feeder lines only on an individual basis where adequate safety measures can be ensured.

Article 310 Conductors for General Wiring is amended by the addition of Article 310.121 to read as follows:
310.121 Continuous inspection of aluminum wiring. Aluminum conductors of No. six (6) or smaller used for branch circuits shall require continuous inspection by an independent testing agency approved by the Building Official for proper torque of connections at their termination point.

13.02.140 Amendments to the California Plumbing Code.

SECTION 1014.1.4 is added to read as follows:

Grease interceptors/traps in new construction shall comply with one of the following standards:

1. Laterals must be oversized two pipe diameter increments at the point of connection with the interceptor discharge downstream to the sewer main; or

2. Grease interceptors/traps must connect directly to the sewer main with no additional connections.

SECTION 1014.1.2, Maintenance is amended by adding the following paragraph:

In locations where a grease interceptor/trap is present, and the discharge of the interceptor/traps is connected to the building lateral, such laterals must be cleaned on a semi-annual basis by a qualified professional. Verification of such cleaning shall be submitted to the Building Department for approval on an annual basis.

Verification shall be in the form of a statement and/or invoice from the person performing the cleaning. Premises that have had an overflow within the last 24 months shall clean the laterals and verify such cleaning as often as deemed necessary by the Building Official.
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13.02.150 Building deposits.

A. As a part of any application for, and prior to the issuance of, any building permit such as where damage may occur to public property, the applicant, if required, shall post a cash deposit in an amount established to cover the city’s cost of opening and closing of the necessary files, administration of the permit status, and code enforcement, if necessary. The current deposit amount established for an encroachment permit is $3,000. a. Any remaining portion of the deposit required by this section shall be returned to the applicant, without interest, upon completion of the work for which the building permit was issued, or upon the request of the applicant if the building permit application is withdrawn prior to commencement of work.
b. The deposit required by this section shall be forfeited entirely, and retained by the city as a penalty, if the applicant fails to comply with any provision of this code as it applies to the work for which the building permit was issued or if the applicant fails to request a refund of the deposit within 30 days of either expiration of the building permit or completion of the work for which the building permit was issued.
c. Nothing in this section shall preclude the city from initiating any enforcement or legal action for violation of any provision of this code. d. For purposes of this section, “completion of the work” shall mean final inspection approval or issuance of a certificate of occupancy, as applicable.

SECTION 5. Chapter 13.04 2022 California Fire Code. Chapter 13.04 of Title 13 entitled “2022 Edition of the California Fire Code” is hereby amended to read in full as follows:
“CHAPTER 13.04 2022 EDITION OF THE CALIFORNIA FIRE CODE”

13.04.005 Adoption of the 2022 Edition of the California Fire Code.

13.04.010 Chapter 1, Scope and Administration, amended.

13.04.020 Chapter 2, Definitions, amended.

13.04.030 Chapter 3, General Requirements, amended.

13.04.040 Chapter 4, Emergency Planning and Preparedness, amended.

13.04.050 Chapter 5, Fire Service Features, amended.
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