Agenda packet — Aliso Viejo City Council, May 15, 2024 (part 2 of 2)

On July 20, 2022, the City Council approved Planning Application SDP-2022-00001 for a Site Development Permit to allow 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. Subsequently, the property owner divided the former Lowe’s building into ten tenant suites (Figure 1).

On December 20, 2023, Alice Kao representing Sender One (“Applicant”) submitted Conditional Use Permit and Site Development Permit applications for an indoor recreational climbing and fitness facility and to raise a portion of the roof to 50’ in height at 26505 Aliso Creek Road. On April 24, 2024, the application was deemed complete.

General Plan Land Use Designation: Town Center Commercial (“TCC”)/High Density Residential (“HDR”)
Zoning Designation: Specific Plan No. 2 Commercial-Town Center (“SP2-CTC”)
Environmental Review: Categorically Exempt
(CEQA Section 15301 – Existing Facilities)
Figure 1. Tenant Suite Plan
TENANT
SPACE 4 –

PROPOSED

SENDER ONE
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Figure 2. Project Site – Commons at Aliso Viejo Town Center Discussion:

The proposed project consists of converting a 23,939 square foot tenant space into a n indoor recreational climbing and fitness facility. Indoor commercial recreation and health facilities are subject to the approval of a Conditional Use Permit (CUP) per Table IV -1 of the Commons Specific Plan.

Interior improvements to the building to accommodate the proposed use include the installation of bouldering and rock-climbing structures, buildout of fitness areas for yoga, group exercise c lasses and climbing-specific training, and the construction of ancillary space for restrooms, office space and equipment storage. The facility will also include an interactive climbing area called “Sender City” with unique climbing-oriented challenges intended for private parties and team building event s. The proposed hours of operation are Monday through Friday from 6:00 a.m. to 11:00 p.m. and Saturdays and Sundays from 8:00 a.m. to 8:00 p.m.

To accommodate the bouldering and rock-climbing structures, the Applicant requests to raise a portion of the roof to a maximum exterior height of 50’.Pursuant to the Commons Specific Plan Table IV-3, Town Center Commercial Development Criteria , the maximum height for architectural features and projections is 55’.The raised roof portion features a tower that will cover approximately 8,400 square feet of roof area and would be set back from the front of the building . The tower has been designed to complement the building 215

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facade through the use of metal panels and similar paint finishes. Windows have been incorporated into the design to provide architectural relief and natural light into the tenant space.

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 of gross floor area. 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. No changes are proposed to the size of the subject tenant space that would impact the parking requirements.

Findings
The subject site has a zoning designation of Specific Plan No. 2 Commercial Town Center (“SP2-CTC”). The establishment of an indoor recreational climbing and fitness facility is subject to the approval of a Conditional Use Permit (CUP) per Table IV-1 of the Specific Plan. Pursuant to the Commons Specific Plan Section 7 Administration and Implementation, the following findings (in bold text) shall be made by the decision-making authority prior to the approval of a Site Development Permit (SDP) and a CUP.

Conditional Use Permit Findings

1. That the proposed conditional use is consistent with the General Plan.

The subject site has a General Plan land use designation of Town Center Commercial (“TCC”)/High Density Residential (“HDR”) which allows a mixture of community retail and commercial services. Section 4 of the Specific Plan further specifies that other uses, including but not limited to, dining, entertainment, theaters, and indoor recreational facilities, etc. are also allowed with approval of a CUP. Therefore, the proposed indoor recreational climbing and fitness facility will be consistent with the general plan and this finding can be made.

The proposed indoor recreational climbing, yoga and fitness facility is located in the Specific Plan No. 2 Commercial Town Center zoning district which is characterized by a variety of uses including retail, dining and entertainment uses.

The proposed use will provide a new recreational opportunity to residents and 216

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visitors of the City and complement surrounding dining and entertainment uses.

As such, this finding can be made.

As discussed in the introductory paragraph above, the Specific Plan allows an indoor recreational climbing and fitness facility with approval of a CUP. The applicant proposes to remodel the interior of the existing suite and raise a portion of the roof area to accommodate a rock-climbing and bouldering wall. No other exterior modifications are proposed. Additionally, the tenant space is within an existing shopping center already equipped with necessary infrastructure and well- established access points. The tenants of the existing shopping center share the parking lot 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 per gross floor area.

No changes are proposed to the size of the subject tenant space that would require additional parking spaces. Based on the discussion above, the site is adequate to accommodate the proposed indoor climbing and fitness facility and this finding can be made.

Site Development Permit Findings

1. Compliance of the site design with development standards of this Specific Plan.

In addition to conformance with municipal and building code requirements, all site improvements are subject to development standards established in the Specific Plan. As proposed, the Project will comply with the following development standards for commercial development in the SP2-CTC zoning district and therefore, this finding can be made.
(a) The maximum structure height of 55 feet (55’-0”) for architectural features - the proposed modifications include a new tower feature to accommodate the rock-climbing and bouldering walls which will be 50’ in height; (b) The minimum setback of 100 feet (100’-0”) from Aliso Creek Road and 30 feet (30’0”) from State Route 73 – the existing building is not located within the setback areas;
(c) The maximum floor area ratio of 1:25:1.0 - the existing building has a floor area ratio of 0.29; and
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(d) The screening of mechanical equipment will conform to the requirements established in the zoning district.

2. Suitability of the site for the proposed use and development.

The proposed project consists of an indoor recreational climbing and fitness facility in a commercial shopping center, known as the Commons. The Commons is intended to function as the community’s urban core, central business district, and community shopping area. Examples of permitted uses include community retail and commercial services, offices, theaters, art galleries and entertainment facilities, hotels/motels and restaurants, and recreation and community facilities.

Additionally, the tenant space is within an existing shopping center already equipped with necessary infrastructure and well-established access points.

Therefore, this finding can be made.

3. Compliance with all elements of the General Plan.

This finding can be made as evidenced in Conditional Use Permit finding no. 1 above.

4. Site and structural design that is appropriate for the site and function of the proposed use, without requiring a particular style or type of architecture.

The project proposes a 50’ tower feature to the existing building to accommodate the rock-climbing wall area. The new feature will be supported by a separate steel frame structure to be built within the tenant space. The tower will be set back from the front of the building so that no modifications are needed to the current design of the building’s perimeter facade elements. The tower was designed to complement the building facade through metal panels and similar paint finishes.

Windows have been incorporated into the design to provide architectural relief and natural light into the tenant space. The proposed modifications consist of raising a portion of the roof area and interior tenant improvements only. Therefore, this finding can be made.

Environmental:

The proposed use is Categorically Exempt from environmental review per CEQA guidelines Section 15301 Existing Facilities, Class 1, as the indoor recreational climbing and fitness facility consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, involving no expansion of existing or former use.
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Public Notice:

On May 2, 2024, 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. No public comments were received in response.

Attachments:

1. Draft Resolution

2. Applicant’s Project Description Letter

3. Project Plans

4. Presentation
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RESOLUTION NO. 2024-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO

VIEJO, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR

AN INDOOR RECREATIONAL CLIMBING AND FITNESS FACILITY AND

A SITE DEVELOPMENT PERMIT TO RAISE A PORTION OF THE ROOF TO 50’ IN HEIGHT AT 26505 ALISO CREEK ROAD (USE-2023-
00030/SDP-2023-00010)
WHEREAS, on December 20, 2023, the Applicant, Alice Kao, representing Sender One, submitted Planning Application USE-2023-00030 for a Conditional Use Permit to allow an indoor recreational climbing and fitness facility and Planning Application SDP-2023- 00010 for a Site Development Permit to raise a portion of the roof to 50’ in height at 26505 Aliso Creek Road (“Project”); and
WHEREAS, on April 24, 2024, the application was deemed complete; and WHEREAS, on May 2, 2024, a public notice of the public hearing was published in the Laguna Niguel News and mailed to all property owners within 300’ of the subject site; and WHEREAS, on May 15, 2024, 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 the Project; and 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 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. The City Council finds the proposed project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to a Class 1 exemption. The modifications to the interior and roof of the building would involve only a negligible expansion of the proposed use (State CEQA Guidelines, § 15301 [Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, or minor alteration of existing structures, facilities, or topographical features involving negligible or no expansion of existing or former use].). Tenant improvements associated with the project are within the footprint of the building and no additional improvements beyond the existing property boundaries are needed.

SECTION 3. Approval of Project and Findings for Conditional Use Permit. In accordance with Section 7 of the Commons at Aliso Town Center Specific Plan, the City Council hereby makes the following findings of fact and approves the Conditional Use 220
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Permit for the indoor recreational climbing and fitness facility at 26505 Aliso Creek Road, subject to the conditions set forth in Exhibit “A” and project plans set forth in Exhibit “B”, which are both attached hereto and incorporated herein by reference.

1. That the proposed conditional use is consistent with the General Plan. The Project is in compliance with the underlying land use designation of Town Center Commercial and the Specific Plan that allows dining, entertainment, and indoor recreational facilities.

2. That the nature, condition and development of adjacent uses, buildings, and structures have been considered, and the proposed conditional use will not adversely affect or be materially detrimental to the adjacent uses, buildings, or structures. The proposed indoor recreational climbing, yoga and fitness facility is located in the Specific Plan No. 2 Commercial Town Center zoning district which is characterized by a variety of uses including retail, dining and entertainment uses.

The proposed use will provide a new recreational opportunity to residents and visitors of the City and compliment surrounding dining and entertainment uses.

3. That the proposed site is adequate in size and shape to accommodate the walls, fences, parking and loading facilities, landscaping and other land use development features prescribed in the specific plan and required by the City in order to integrate the use with existing and planned uses in the vicinity. The Project involves a remodel of the interior of the existing suite and raising a portion of the roof area to accommodate a rock-climbing and bouldering wall. No other exterior modifications are proposed. Additionally, the tenant space is within an existing shopping center already equipped with necessary infrastructure and well-established access points. The tenants of the existing shopping center share the parking lot 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 per gross floor area. No changes are proposed to the size of the subject tenant space that would require additional parking spaces.

SECTION 4. Approval of Project and Findings for Site Development Permit.

In accordance with Section 7 of the Commons at Aliso Town Center Specific Plan, the City Council hereby makes the following findings of fact and approves the Site Development Permit to raise a portion of the roof to 50’ in height for an indoor recreational climbing and fitness facility at 26505 Aliso Creek Road, subject to the conditions set forth in Exhibit “A” and project plans set forth in Exhibit “B”, which are both attached hereto and incorporated herein by reference.

1. Compliance of the site design with development standards of this Specific Plan. In addition to conformance with municipal and building code requirements, all site improvements comply with the following development standards established in the Specific Plan: maximum structure height of 55’ feet (50’ proposed) for architectural features; minimum setback of 100’ from Aliso Creek Road and 30’ from State Route 73 as there is no change to the existing footprint; maximum floor area ratio of 1:25:1.0 (0.29 proposed); and the screening of mechanical equipment. 221
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2. Suitability of the site for the proposed use and development. The proposed project consists of an indoor recreational climbing and fitness facility in a commercial shopping center, known as the Commons. The Commons is intended to function as the community’s urban core, central business district, and community shopping area. Examples of permitted uses include community retail and commercial services, offices, theaters, art galleries and entertainment facilities, hotels/motels and restaurants, and recreation and community facilities. Additionally, the tenant space is within an existing shopping center already equipped with necessary infrastructure and well-established access points.

3. Compliance with all elements of the General Plan. The Project is in compliance with the underlying land use designation of Town Center Commercial and the Specific Plan that allows dining, entertainment, and indoor recreational facilities.

4. Site and structural design that is appropriate for the site and function of the proposed use, without requiring a particular style or type of architecture. The project proposes a 50’ tower feature to the existing building to accommodate the rock-climbing wall area. The new feature will be supported by a separate steel frame structure to be built within the tenant space. The tower will be set back from the front of the building so that no modifications are needed to the current design of the building’s perimeter facade elements. The tower was designed to complement the building facade through metal panels and similar paint finishes.

Windows have been incorporated into the design to provide architectural relief and natural light into the tenant space.

SECTION 5. 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. Additionally, the Notice of Exemption for this project will be posted on the City of Aliso Viejo website, filed in the State Clearinghouse CEQA.net website, and provided to parties requesting notification.

SECTION 6. 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.
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PASSED, APPROVED AND ADOPTED this 15th day of May 2024. _____________________________
Mike Munzing
Mayor
APPROVED AS TO FORM: ATTEST:
_____________________________ _____________________________ Scott C. Smith Lauren Torres
City Attorney Deputy City Clerk
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF ALISO VIEJO )
I, LAUREN TORRES, Deputy City Clerk of the City of Aliso Viejo, California, DO HEREBY CERTIFY that foregoing is the original of Resolution No. 2024-___ duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the 15th day of May 2024, by the following roll call vote, to wit:

AYES:

NOES:

ABSENT:
___________________________

LAUREN TORRES

DEPUTY CITY CLERK
(SEAL)
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EXHIBIT “A”
PLANNING APPLICATION USE-2023-00030/SDP-2023-00010

CONDITIONS OF APPROVAL

1. Project Description. This approval is for a Conditional Use Permit USE-2023-00030 and Site Development Permit SDP-2023-00010 for an indoor recreational climbing and fitness facility and to raise a portion of the roof to 50’ in height at 26505 Aliso Creek Road in accordance with all plans and exhibits as presented to and approved by the City Council on May 15, 2024.

2. 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 with the Department of Planning Services, 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 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.

3. Applicant Designation. For the purpose of Conditional Use Permit USE-2023-00030 and Site Development Permit SDP-2023-00010 and as referenced in the conditions, “Applicant” shall apply to Sender One, owner, operator, and any and all future successors and/or assigns of the approved establishment.

4. 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.

5. 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. This Resolution and Conditions of Approval shall be incorporated into building plans to all applicable reviewing agencies or authorities. 225
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6. Indemnification. To the fullest extent under the law and at its sole and absolute cost, the Owner/Developer, and Owner/Developer’s successors, heirs, and assigns shall protect, defend with counsel reasonably acceptable to the City , indemnify, and hold harmless the City, its officials, officers, employees, consultants, subcontractors, agents, and representatives (collectively, “Indemnitees”) from any and all claims, actions, or proceedings against Indemnitee(s) brought pursuant to the Planning and Zoning Law, the Subdivision Map Act, the California Environmental Quality Act, the federal Clean Water Act, the Porter Cologne Water Quality Control Act or any other law, permit or regulation in order to attack, set aside, void, annul, or seek to impose liability on the City for granting the approval granted by this Resolution, including, without limitation, any alleged act or omission by Indemnitee(s) related to County of Orange SP 93109 and/or any related parking agreements, conditions, or regulations, which action is brought for declaratory relief, injunctive relief, specific performance, or for any monetary claims (including, but not limited to, fines, fees, penalties, expert witness fees, attorneys’ fees, and other related costs and expenses). This provision shall not be restricted to insurance proceeds, if any, received by the Owner/Developer or Indemnitee(s). Moreover, this provision shall survive any expiration, termination, or revocation of this approval or related approvals.

7. 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.

8. Compliance with Americans with Disabilities Act. Tenant improvements shall be submitted for review, approved, and permits issued, and shall comply with standards, regulations, and requirements of the Americans with Disabilities Act. At the discretion of the Building Official, the Applicant may be required to retain a Certified Access Specialist (CASp) to ensure compliance with applicable construction-related accessibility standards.

9. Conditions of Approval. This Resolution and Conditions of Approval shall be incorporated into building plans to all applicable reviewing agencies or authorities.

10. Signs. Signs shall be reviewed separately and are not part of the approval of this Project. Prior to any sign installation, the Applicant shall submit a Sign Permit Application to the Community Development Department for approval and a permit shall be issued by the Building Official. All proposed signage for the building shall be submitted to the City and processed pursuant to AVMC 15.34 standards and/or any applicable master sign program affecting the property.

11. Fire Safety and Prevention. The facility shall comply will all conditions issued by the Orange County Fire Authority (OCFA) in a letter dated April 23, 2024, and attached as Exhibit “C”.
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12. Hours of Operation. The hours of operation shall be limited to the following: Monday through Friday from 6:00 a.m. to 11:00 p.m. and Saturdays and Sundays from 8:00 a.m. to 8:00p.m.Requests to modify the hours of operation shall be subject to review and approval by the Community Development Director.

13. Outdoor Activities Prohibited. Outdoor activities shall be prohibited.

14. Noise. The use shall not generate noise that exceeds ambient noise levels established in AVMC Chapter 8.12. Based on substantiated complaints or concerns, the Director may modify conditions relative to facility operations as deemed necessary.

15. Emergency Services. Prior to issuance of a Certificate of Occupancy, the Applicant shall file an Emergency Notification Form with the Orange County Sherrif’s Department. Contact the Orange County Sherrif’s Department at (949) 425-2560 for information.

16. Cameras. Security cameras shall be installed per the satisfaction of the Chief of Orange County Sherrif’s Department. The security camera footage shall be kept for at least 30 days and available to the Orange County Sheriff Department within 24 hours if such usage is necessary.

17. Mechanical Equipment Screening. Roof-mounted mechanical equipment such as air conditioning, heating or ventilating units, or ducting shall be screened from a horizontal line of sight to the satisfaction of the Director.

18. Adverse Impacts. In the event of adverse impacts on the health, safety, welfare, or working environments of the neighborhood or general 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 found to exist, the Director or Chief of Police shall have the discretion to bring this Permit back to consider additional improvements and protective measures, additional conditions, amended conditions, or permit revocation. Modifications may include but not be limited to the restriction of operations that may include but not be limited to hours of operation.

19. CEQA Recordation Fee. Within 48 hours of approval of the project, the applicant shall deliver to the Community Development Department, a check payable to the Orange County Clerk-Recorder's Office in the amount of fifty dollars ($50.00) in order for the City to file the appropriate environmental documentation for the project. If within the 48-hour period the applicant has not delivered the check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act (CEQA) could be significantly lengthened.
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EXHIBIT “B”
PLANNING APPLICATION USE-2023-00030/SDP-2023-00010

PROJECT PLANS
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EXHIBIT “C”
PLANNING APPLICATION USE-2023-00030/SDP-2023-00010

OCFA CONDITIONS OF APPROVAL
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Sender One Climbing LLC 1441 South Village Way Santa Ana, CA 92705 City of Aliso Viejo Community Development Department Planning Services Division 12 Journey, Suite 100 Aliso Viejo, CA 92656 December 18, 2023 Re: Sender One Climbing at The Commons at Aliso Viejo, Project Description, Operational Narrative and Project Justification Dear Sir or Madam— Our Purpose and History: Sender One Climbing LLC (“Sender One”) builds, owns, and operates indoor recreational climbing facilities to further the company’s purpose: to discover ourselves and connect with others through climbing. Sender One commits to offering an inspiring climbing, yoga, and fitness experience; an opportunity for self-discovery; and a sharing, communal atmosphere for every one of its customers, partners, and guests. We opened our first location in Santa Ana in 2013 and have been growing in the Southern California area ever since. The Aliso Viejo location will be Sender One’s seventh location, all of which are currently located in the Los Angeles / Orange County metropolitan areas. The Project: This project will be a 23,939 sf commercial recreation space that will have indoor climbing walls up to approximately 43’ high, which Sender One offers for general use to the public through membership and day use models; and through adult instructional classes and after school recreational and competitive programs for youth. This location will also include an interactive climbing area (called “Sender City”) with unique climbing-oriented challenges suitable for youth and group parties and team building events, mirroring similar areas Sender One has at a number of its other facilities. Additionally, the facility will include a fitness studio, offering various styles of yoga and group exercise classes; a general fitness area equipped with traditional fitness offerings such as cardio equipment and free weights; and a dedicated climbing-specific training area. Additional supporting spaces will include restrooms with lockers, staff offices and equipment storage. The project is located within the Commons at Aliso Viejo, at 26507 Aliso Creek Road, Tenant Retail Space #4. It is included within the Commons at Aliso Town Center Specific Plan “SP-2” zone, within Lot 1 of the existing retail shopping center (formerly Lowe’s) that is zoned “CC” Community Commercial use. The 236
Sender One Climbing LLC 1441 South Village Way Santa Ana, CA 92705 overall site is approximately 633,488 sf (14.54 acres) and includes an existing 183,678 sf commercial building and surface parking. The applicant submits this Conditional Use Permit (CUP) application to approve the recreational use for this tenant. Part of the tenant improvement will involve raising a portion of the existing building roof to a maximum exterior height of approximately 50’ to accommodate the tall climbing areas. This will be approximately 8,400 sf. of roof area. As a result of this addition of the new raised roof area, the applicant is also submitting for approval to modify the existing site development permit, City Project No. SDP2022-0001, that exists for the property, to include the raised roof in the overall building design approval. Operation and Occupancy: The proposed hours of operation are Monday through Friday from 6:00 AM to 11:00 PM, and Saturdays and Sundays from 8:00 AM to 8:00 PM. We estimate this facility employing approximately 15 full-time positions and 35 part-time positions with anywhere from two to two dozen employees on site at any given time depending on the time of day and the active offerings at that time of day. The estimated maximum occupant load for the space is calculated to be approximately 394 persons. That said, the number of customers in the facility at a given time will fluctuate throughout the day and vary between weekends and weeknight usage. Peak hours are anticipated to occur on weekday evenings between 6:00 PM and 9:00 PM and on weekends between 10:00 AM and 3:00 PM. There is an estimated peak occupancy of approximately 150 persons that could occur during these hours once the location’s foot traffic has stabilized after opening. Sender City guests will account for about 10% of the total number of guests during weekdays and 20% of the total guests on weekends. Sender One offers a variety of day use rates, membership rates and classes at various cost levels depending on age, frequency of use and other factors. Approximately 40% of Sender One users are members, while 60% pay per visit. There is no food preparation on this site, nor alcohol sales or service. Customers booking the party / event space generally arrange for their own food and beverages; alcohol is not permitted during these events. Sender One does occasionally hold special events, where food and beverage is supplied by third-parties, and where alcohol is served. In such cases, Sender One works with a non-profit partner, a Special Event Permit will be obtained from the City, and a one-day license for any alcoholic beverages will be obtained from the Department of Alcoholic Beverage Control. There is anticipated to be not more than 4 of these Special Events within any calendar year. 237
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SCALE: 1/8" = 1'-0"A5ROOF PLAN SITE KEY PLAN ROOF PLAN A004
SENDER ONETENANT IMPROVEMENT26501 ALISO CREEK ROADSUITE 4ALISO VIEJO , CA 92656 23027
Prepared for :

SENDER ONE CLIMBING1441 South Village WaySanta Ana , CA 92705 This Drawing is the property of Shook Kelley LA and is not to bereproduced in whole or in part. It is to be used for the project andsite specifically identified herein and is not to be used on any otherproject. This Drawing is to be returned upon the written request of ©2024 Shook Kelley LA 953 Cole AveLos Angeles, CA 90038
310 / 659 9482www.shookkelley.com
© © 2024 Shook Kelley LAAll rights reserved.
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EXIT 1 : 72"MAX DOORLOAD360 OCC
EXIT 2: 72"MAX DOORLOAD360 OCC
B
E1
E2
A
9 10 11
B
C
9 10 11
B
C
9 10 11
B
C
9 10 11
B
C
9 10 11
B
C
9 10 11
B
C
9 10 11
B
C
9 10 11
B
C

SPORTCLIMBING

BOULDERING

SENDER CITY

SENDER CITYORIENTATION

SENDER CITYRESTROOMS

OFFICES

LOCKERROOMS ANDSHOWERS

FITNESS

YOGA ENTRY/CHECK-IN/RETAIL

SENDER CITYPARTY
ELECRM

IT &STORAGE

STORAGE
EQUIPT.RM
BUILDING EGRESS OCCUPANT LOAD:SPACE AREA (SF) OCCUPANTLOAD FACTOR NO.OCCUPANTSCLIMBING AREAS (SPORT AND BOULDERING) 6,880 50 137.6 VOID AREAS OF CLIMBING WALLS 4,390 N/A 0SENDER CITY 2,180 50 43.6 VOID AREAS OF CLIMBING STRUCTURES 280 N/A 0FITNESS 3,000 50 60YOGA 850 50 17PARTY & ORIENTATION RMS 1,055 15 70.3RESTROOMS / LOCKERS 1,060 50 21.6BUSINESS AREAS 300 150 2RETAIL AREA 1000 60 16.7STORAGE/EQUIPMENT 505 300 1.7TOTAL NET USEABLE AREA 21,500 sf 370.5

EGRESS PATH SCHEDULEEXIT ROUTE PATH LENGTH
A TO E1 210 ftA TO E2 209 ft
B TO E1 220 ftB TO E2 94 ft
PROJECT INFORMATION:

PRIMARY OCCUPANCY: A-3
BUILDING CONSTRUCTION TYPE: TYPE IIB FULLY SPRINKLERED
STORIES: 1
TENANT AREA: 23,713 SF
ALLOWABLE FLOOR AREA: UNLIMITED AREA FOR SPRINKLERED BLDG W/ 60' CLEARAROUND PERIMETER OF BUILDING MAX. EXIT ACCESS TRAVEL DISTANCE - OCCUPANCY A-3 WITH SPRINKLER SYSTEM - 250 FT SCALE: 1/8" = 1'-0"A5FLOOR PLAN SITE KEY PLAN FLOOR PLAN A003
SENDER ONETENANT IMPROVEMENT26501 ALISO CREEK ROADSUITE 4ALISO VIEJO , CA 92656 23027
Prepared for :

EAST (SIDE) ELEVATION

A B C D E F HG J K L

ROOF LINE BEYOND
(N) CORRUGATED METALPANELS, COLOR SHERWINWILLIAMS SW 7030 ANEW GRAY (N) WINDOWS TYP. FINALSIZE AND LOCATION TBD.FRAME AND MULLIONFINISH TO MATCH (E)TOWERS NOT TO EXCEED +50'-0"T.O. (N) PARAPET
+33'-3" B.O. WINDOWS
+23'-0" EXISTING ROOF
+51'-6"T.O. (E) TOWER +46'-8"T.O. (E) TOWER

NORTH (REAR) ELEVATION
13456789101112131415 2

ROOF LINE BEYOND
(N) CORRUGATED METALPANELS, COLOR SHERWINWILLIAMS SW 7030 ANEWGRAY (N) WINDOWS TYP. W/ OPAQUELOWER PANES. FINAL SIZEAND LOCATION TBD. FRAMEAND MULLION FINISH TOMATCH (E) TOWERS +46'-8"T.O. (E) TOWER
NOT TO EXCEED +50'-0"T.O. (N) PARAPET

SOUTH (FRONT) ELEVATIONSOUTH (FRONT) ELEVATION
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15

ROOF LINE BEYOND
(N) CORRUGATED METALPANELS, COLOR SHERWINWILLIAMS SW 7030 ANEW GRAY (N) WINDOWS TYP. FINAL SIZE ANDLOCATION TBD. FRAME ANDMULLION FINISH TO MATCH (E)TOWERS NOT TO EXCEED +50'-0"T.O. (N) PARAPET+51'-6"T.O. (E) TOWER

WEST (SIDE) ELEVATION
L K J H G F E C B AyD

ROOF LINE BEYOND
(N) WINDOWS TYP. FINALSIZE AND LOCATION TBD.FRAME AND MULLIONFINISH TO MATCH (E)TOWERS (N) CORRUGATEDMETAL PANELS,COLOR SHERWINWILLIAMS SW 7030ANEW GRAY NOT TO EXCEED +50'-0"T.O. (N) PARAPET+46'-8"T.O. (E) TOWER +51'-6"T.O. (E) TOWER
SCALE: 1:200A6EAST (SIDE) ELEVATION
SCALE: 1:200B6NORTH (REAR) ELEVATION
SCALE: 1:200D6SOUTH (FRONT) ELEVATION
SCALE: 1:200C6WEST (SIDE) ELEVATION

EXTERIOR ELEVATIONS(DRAFT)
A005
SENDER ONETENANT IMPROVEMENT26501 ALISO CREEK ROADSUITE 4ALISO VIEJO , CA 92656 23027
Prepared for :

PLANNORTH

TRUE NORTH
COLOR:ANEW GRAY, SW 7030(same as PT-05,elsewhere on project) METAL WALL PANELS TYPICAL:TL-1222 METAL WALL PANELPVDF FINISHBY METAL SALES MFG.

PANEL STYLE REFERENCEUSED AT TESLA & OTHER LOCATIONS ON BLDG.

VIEW 1 VIEW 2
1 2
3 4

SITE KEY PLAN
VIEW 3 VIEW 4 - VANTAGE POINT AT 50 FT
Exterior Materials

RENDERINGS (DRAFT)
A006
SENDER ONETENANT IMPROVEMENT26501 ALISO CREEK ROADSUITE 4ALISO VIEJO , CA 92656 23027
Prepared for :

SENDER ONE CLIMBING1441 South Village WaySanta Ana , CA 92705 This Drawing is the property of Shook Kelley LA and is not to bereproduced in whole or in part. It is to be used for the project andsite specifically identified herein and is not to be used on any otherproject. This Drawing is to be returned upon the written request of ©2024 Shook Kelley LA 953 Cole AveLos Angeles, CA 90038
310 / 659 9482www.shookkelley.com
© © 2024 Shook Kelley LAAll rights reserved.
241
Sender One
26505 Aliso Creek Road
USE-2023-00030 – Conditional Use Permit
SDP-2023-00010 – Site Development Permit
City Council
May 15, 2024
242
Project Description
• Indoor rock climbing and bouldering facility
• Yoga and fitness classes
• “Sender City”
• Proposed hours of operation:

Monday - Friday from 6:00 A.M. to 11:00 P.M.

Saturdays and Sundays from 8:00 A.M. to 8:00 P.M.
243
Sender One
Project Information
Square Footage 23,939
Existing Conditions Vacant Suite
Zoning Designation Specific Plan No. 2
Commercial-Town Center
(“SP2-CTC”)
General Plan
Designation
Town Center Commercial
(“TCC”)/High Density
Residential (“HDR”)
244
Floor
Plan
245
Elevations
246
Renderings
247
Staff Recommendation to City Council:

1. Find that the request is exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines Sections 15301 (Existing Facilities); and

2. Adopt a Resolution approving a Conditional Use Permit for an indoor recreational climbing and fitness facility and a Site Development Permit to raise a portion of the roof to 50’ in height at 26505 Aliso Creek Road (USE-2023-00030/SDP-2023-00010).
248
Alternate Designs
Alternate #1 Alternate #2
249
60367.01100\34434765.2
City of Aliso Viejo

AGENDA ITEM
DATE: May 15, 2024
TO: Mayor and City Council
FROM: Shaun Pelletier, Director of Public Works/City Engineer SUBJECT: ON-STREET PARKING – COLUMBIA AND JOURNEY
Recommended Actions:

1. Approve an applicant request to modify the lane configuration on Columbia to allow for on-street parking;

2. Approve a staff request to modify the lane configuration on Journey to allow for on- street parking;

3. Authorize Staff to finalize parking/lane configuration and complete the work on Columbia; and

4. Authorize Staff to finalize parking/lane configuration and complete the work on Journey.

Fiscal Impact:

The cost for this work is estimated to not exceed $20,000 for Columbia and would be paid with Gas Tax funds. Journey would not be completed until the next scheduled street maintenance project and the cost would be included in that budget, currently scheduled for FY 2029-30.

Background:

In 2004 an Ad Hoc City Council Committee was formed to investigate and determine policy for parking on collector streets and considered such issues and characteristics as:
 traffic/pedestrian safety
 sight distance
 street widths
 posted speed limits
 adjacency to community parks
 adjacency to schools
 aesthetics
 differing land uses on opposite sides of a particular street 250
60367.01100\34434765.2 Page 2 of 3
On August 3, 2005, the City Council adopted Council Policy 800-2 Parking on Collector Streets. The policy provisions are as follows:

Direct Staff to perform an engineering study and establish parking regulations in response to public requests for modifications to existing parking regulations on collector streets.

The engineering study shall be based on the following hierarchy of principles:

1. Public safety related to adequate sight distance.

2. Aesthetics.

3. Public convenience.

4. Land use adjacent to the collector street.
a. Parking can be prohibited adjacent to single family residential. b. Parking should be allowed adjacent to multi-family residential. c. Parking should be allowed adjacent to parks and other community activity centers.
d. Parking should be allowed adjacent to commercial and industrial land uses.

5. Existing center turn lanes on commercial/industrial streets are to be preserved.

The streets that principle #5 applied to included Argonaut, Columbia, Brookline and Journey. On April 2, 2014, City Council approved a request to allow on-street parking along all of Argonaut, and approved a similar request on November 3, 2021, on Brookline.

Staff has received a request from Accuride, owner of the Columbia Corporate Center to permanently allow for street parking on Columbia.

Discussion:

Staff receives annual requests from Compass Bible Church, located in the Columbia Corporate Center, to allow for street parking during events throughout the year to accommodate their patrons. They have also mentioned it could be helpful during weekend services, though not necessary given the parking available throughout the corporate center.

The applicant’s request along with a proposed parking map is attached. It should be noted that if Council approves the request for parking, staff will review the street to determine where parking is deemed safe. Red curb and/or signage will be utilized to help designate the allowed parking areas. Staff would also not recommend striping the parking stalls and just have open parking similar to what was provided on Argonaut and Brookline.

If approved, much of the existing center turn lane striping would be removed and replaced with a single centerline stripe. Turn pockets at intersections would remain. The work could either be completed as a standalone project, or in conjunction with a street rehabilitation project, which is currently scheduled in FY 2028-29. As a standalone project the cost of up to $20,000 may be slightly higher than if completed with other street repairs. The most 251
60367.01100\34434765.2 Page 3 of 3
noticeable difference with a standalone project will be the aesthetics on the street with removed striping visible versus a resurfaced street with the new striping.

Journey is the only other remaining street in the City where this lane configuration exists and could be modified to provide on-street parking. At this time, no formal requests have been received, but there have been and likely will continue to be requests for temporary street parking at both the Ice Palace and Webb’s Grainworks. There are also occasional events at City Hall that require temporary street parking. Staff recommends Council consider authorizing on-street parking on Journey at this time. The work on Journey could be completed at any time; however, staff recommends it be part of the next street improvement project currently scheduled in FY 2029-30.

The streets are both wide enough to accommodate parking on both sides of the street.

Areas close to intersections and driveways would be marked as no parking for safety purposes. Although staff does not foresee any problems making changes to either street, to be implemented City Council must authorize work due to a conflict with principle #5, preserving existing center lanes.

Attachment:

1. Applicant Request
252
253
254
City of Aliso Viejo

AGENDA ITEM
DATE: May 15, 2024
TO: Mayor and City Council
FROM: Ann Eifert, Director of Financial Services
SUBJECT: FISCAL YEAR 2023-24 FINANCIAL UPDATE
_____________________________________________________________________ Recommended Actions:

1. Receive and file the fiscal year (FY) 2023-24 financial update;

2. Authorize an increase in revenue estimates by $3, 645,297 and increase budget appropriations by $2,169,000 to the adopted FY 2023-24 General Fund Budget; and

3. Authorize the additional appropriation of $35,000 in Gas Tax, $48,992 in State Grants, and $139,546 in Integrated Waste Management funds to the FY 2023-24 Budget.

Fiscal Impact:

General Fund revenue is being adjusted to $26.4 million, an increase of $3.6 million from the adopted FY 2023 -24 Budget. The revised budget appropriation is approximately $26.1 million, representing an increase of $2.2 million. An operating surplus is projected to be approximately $0.3 million at June 30, 2024. Staff estimates ending General Fund balance to be $34.7 million.

Background:

On June 7, 2023, the City Council reviewed and approved the FY 2023-24 Budget. The budget estimated a total of $22.7 million in General Fund resources. Total appropriations, including capital improvement projects and transfers out , totaled $ 23.9 million, creating General Fund Summary
FY 2023-24
A dopted
B udg et
FY 2023-24
R evised
B udg et
Chang e from
A dopted B udg et
Beginning Fund Balance 30,641,306$ 34,426,099$ 3,784,793$ R esources 22,726,844 26,372,141 3,645,297 Appropriations (23,899,602) (26,068,601) (2,168,999) E stimated Operating S urplus/(Deficit) (1,172,758) 303,540 1,476,298 E stimated E nding Fund B alance 29,468,548$ 34,729,639$ 5,261,091$ 255
an operating deficit of $1.2 million. As a result, reserves in the amount of $1.2 million were anticipated for debt service payments on the Certificates of Participation (COP) for $0.6 million and capital improvement for $0.6 million. At the time of adoption, it was estimated the ending General Fund balance would be $29.5 million. Below is a summary of the adopted General Fund Budget.

Discussion:

General Fund Revenues
The local economy remains strong despite concerns with inflation, recession, interest rates, and national debt. Estimates for property and transient occupancy taxes are trending within budget estimates. Sales tax revenue estimates are being adjusted to account for the Hunt and Sons, LLC Operating Covenant Agreement approved by Council in September 2023. Since Hunt & Sons began operations, their sales tax estimates are trending on the higher range of previous estimates; as a result, estimates for sales tax revenue are being adjusted by $2.4 million to account for this increase. (This increase in sales tax will be offset with an additional expenditure of $1.5 million for subsidy payments per the agreement, with net income of $0.9 million to the City). Franchise fees are also projected to be higher by approximately $0.1 million.

Other adjustments include revenue provided at Gold Coast Farms, which was previously not accounted for in the General Fund. Estimates will increase recreation revenue by $350,000 (with a corresponding expenditure increase of $315,000). In addition, other revenue is increasing by approximately $0.3 million as a result of various reimbursements and settlements received during the year. Lastly, fines and forfeitures estimates are being adjusted by $0.2 million and investment earnings by $0.3 million.

Compared to the Adopted FY 2023-24 Budget, total revenue for FY 2023-24 is projected to increase by $3.6 million from $22.7 million to $26.4 million. The table below provides a summary regarding the revised revenue estimates for FY 2023-24 as well as comparisons to FY 2022-23 actuals.

Estimated Beginning Fund Balance 30,641,306$
Resources 22,726,844
Appropriations (23,899,602)
Estimated Year-End Surplus (Deficit) (1,172,758)$
Use of Reserves - Debt Service 658,250
Use of Reserves - CIP 573,000
Estimated Ending Fund Balance 29,468,548$
FY 2023-24 General Fund Budget
256
General Fund Appropriations
Changes to the Adopted FY 2023-24 Budget total $2.2 million. These changes include $1.5 million in economic subsidy payments to Hunt and Sons, LLC (as a result of higher sales tax revenue) and $0.4 million within the Recreation & Community Services Department for operations at Gold Coast Farm ($315,000) and $35,000 for additional part-time wages. In addition, another $0.3 million is needed for unanticipated labor and contractual costs in administration and support.

Staff projects remaining General Fund expenditures to be within budget estimates. The table below provides a summary of the year-to-date expenditures as of April 30, 2024, in the General Fund.
*The revised budget includes minor budget transfers between departments and other approved appropriations made during the fiscal year.

General Fund Source
FY 2022-2023
A ctuals
FY 2023-2024
A dopted
B udg et
FY 2023-2024
R evised
B udg et
Chang e From
A dopted B udg et
Property T ax 9,459,526$ 9,731,500$ 9,731,500$ -$ S ales T ax 6,244,171 6,050,641 8,450,641 2,400,000 T OT 1,570,525 1,600,000 1,600,000 - Franchise Fees 1,741,999 1,600,000 1,740,000 140,000 R ecreation 1,656,346 1,200,000 1,550,000 350,000 Building & Planning 1,382,776 1,100,000 1,100,000 - Fines & Forfeitures 227,896 133,800 300,000 166,200 Investment E arnings 321,058 400,000 650,000 250,000 Other 4,462,739 910,903 1,250,000 339,097 T otal R esources 27,067,036$ 22,726,844$ 26,372,141$ 3,645,297$ General Fund
A ppropriations
FY 2022-23
A ctuals
FY 2023-2024
A dopted
B udg et
FY 2023-2024
R evised
B udg et
Chang e From
A dopted
FY 2023-2024
Y T D
E xpenditures*
Admin & S upport 4,697,320$ 4,805,141$ 5,094,506$ 289,365$ 4,024,442$ Community S ervices 2,802,609 2,669,857 3,029,492 359,635 2,074,895 Comm & E con Dev 2,495,596 2,558,455 4,083,455 1,525,000 1,817,769 Public Works 1,664,540 1,874,530 1,874,530 - 1,400,127 Public S afety 10,038,157 10,331,048 10,326,047 (5,001) 9,802,558 City Hall 201,312 245,481 233,518 (11,963) 162,593 Debt S ervice 658,747 658,250 658,250 - 650,571 Capital Improvement 445,321 573,000 584,963 11,963 263,477 T ransfers 217,503 183,840 183,840 - - T otal General Fund 23,221,105$ 23,899,602$ 26,068,601$ 2,168,999$ 20,196,432$ 257
Special Revenue Funds
Other necessary budget adjustments in the following funds for FY 2023-24 are as follows:
 Gas Tax – Additional budget appropriation in the amount of $35,000 is recommended due to higher than anticipated utility costs for traffic signals and street lighting.
 State Grants – The City received $60,000 in grant funding for the Solar App project.

The project was expected to be completed by June 2023; however, it was delayed and the balance of $48,992 needs to be reappropriated to FY 2023-24.  Integrated Waste Management (CalRecycle) – The City was recently approved for $139,546 in SB 1383 Local Assistance funds. This grant provides funding to offset costs associated with the administration, enforcement, inspection, and education efforts for organic waste collection and food recovery programs.

No other significant changes to Special Revenue Funds are anticipated.

Summary
General Fund revised revenue and expenditure estimates for FY 2023-24 total $26.4 million and $26.1 million, respectively. Staff projects a General Fund surplus of $0.3 million at the end of the fiscal year. The most significant change from budget estimates is the addition of sales tax revenue from the approved agreement with Hunt & Sons that is expected to provide net revenue of $0.9 million to the City. As a result of the increased revenue forecasts, the City is not expected to use reserves to fund debt service payments and capital improvements, which was previously planned during budget adoption.

The ending fund balance for all funds citywide is estimated at $39.8 million. Staff will continue to analyze revenue and expenditure trends and provide updates to Council as necessary.

Attachment:

1. FY 2023-24 Budget Update Presentation
258
Fiscal Year 2023-24
Financial Update
Department of Financial Services
May 15, 2024
259
FY 2023-24 Adopted Budget
• Expenses Exceeded Revenue
• Loss of ARPA Funds
• $1.2 Million Deficit
• Use of Reserves
• Budget Reductions
Estimated Beginning Fund Balance 30,641,306$
Resources 22,726,844
Appropriations* (23,899,602)
Estimated Year-End Surplus (Deficit) (1,172,758)$
Use of Reserves - Debt Service 658,250
Use of Reserves - CIP 573,000
Estimated Ending Fund Balance 29,468,548$
FY 2023-24 General Fund Budget
2260
FY 2023-24 General Fund
Year-to-Date Revenue
General Fund Source
FY 2023-2024
Adopted
Budget
YTD
April 2023
YTD-
April 2024
YTD
Variance
Property Tax 9,731,500$ 6,249,634$ 6,533,879$ 284,245$ Sales Tax 6,050,641 3,999,205 5,382,559 1,383,354 TOT 1,600,000 1,179,830 1,220,947 41,117 Franchise Fees 1,600,000 1,460,573 1,529,071 68,498 Recreation 1,200,000 1,029,660 1,100,725 71,065 Building & Planning 1,100,000 1,184,616 973,649 (210,966) Fines & Forfeitures 133,800 119,501 228,352 108,851 Investment Earnings 400,000 514,416 601,660 87,244 Other 910,903 3,206,078 651,719 (2,554,358) Total Resources 22,726,844$ 18,943,512$ 18,222,562$ (720,951)$ 3261
FY 2023-24 General Fund Revenue
4262
FY 2023-24 Fiscal Year Adjustments
• Admin & Support - $0.3M
• Salaries & Benefits
• Contractual Services
• Community Services - $0.4M
• Gold Coast Farms
• Part-Time Wages
• Economic Development - $1.5M
• Economic Subsidy Agreement
General Fund
Appropriations
FY 2022-23
Actuals
FY 2023-2024
Adopted
Budget
FY 2023-2024
Revised
Budget
Change From
Adopted
Admin & Support 4,697,320$ 4,805,141$ 5,094,506$ 289,365$ Community Services 2,802,609 2,669,857 3,029,492 359,635 Comm & Econ Dev 2,495,596 2,558,455 4,083,455 1,525,000 Public Works 1,664,540 1,874,530 1,874,530 - Public Safety 10,038,157 10,331,048 10,326,047 (5,001) City Hall 201,312 245,481 233,518 (11,963) Debt Service 658,747 658,250 658,250 - Capital Improvement 445,321 573,000 584,963 11,963 Transfers 217,503 183,840 183,840 - Total General Fund 23,221,105$ 23,899,602$ 26,068,601$ 2,168,999$ *The revised budget includes minor budget transfers between departments and other approved appropriations made during the fiscal year.
5263
FY 2023-24 Expenditure Update
General Fund
Appropriations
FY 2023-2024
Adopted
Budget
FY 2023-2024
Revised
Budget
FY 2023-2024
YTD
Expenditures* % Spent
Admin & Support 4,805,141$ 5,094,506$ 4,024,442$ 79% Community Services 2,669,857 3,029,492 2,074,895 68% Comm & Econ Dev 2,558,455 4,083,455 1,817,769 45% Public Works 1,874,530 1,874,530 1,400,127 75% Public Safety 10,331,048 10,326,047 9,802,558 95% City Hall 245,481 233,518 162,593 70% Debt Service 658,250 658,250 650,571 99% Capital Improvement 573,000 584,963 263,477 45% Transfers 183,840 183,840 - 0% Total General Fund 23,899,602$ 26,068,601$ 20,196,432$ 77% * As of April 30, 2024.
6264
FY 2023-24 Revised Budget
General Fund Summary
FY 2023-24
Adopted
Budget
FY 2023-24
Revised
Budget
Change from
Adopted Budget
Beginning Fund Balance 30,641,306$ 34,426,099$ 3,784,793$ Resources 22,726,844 26,372,141 3,645,297 Appropriations (23,899,602) (26,068,601) (2,168,999) Estimated Operating Surplus/(Deficit) (1,172,758) 303,540 1,476,298 Estimated Ending Fund Balance 29,468,548$ 34,729,639$ 5,261,091$ 7265
• Gas Tax – $35,000 for traffic signals and
street lighting.
• State Grants – $48,992 for the Solar App
Project
• Integrated Waste Management –
• $71,231(approved 12/6/23)
• $139,546 (awarded April 2024)
• SB1- $92,400 (approved 12/6/23)
Special Revenue Funds
Fund
FY 2023-24
Adjusted
Revenue
FY 2023-24
Adopted
Budget
Additional
Appropriations
FY 2023-24
Revised
Budget
Traffic Congestion Relief 1,000$ -$ -$ Gas Tax 1,492,900 1,321,800 35,000 1,356,800 Measure M 1,045,512 1,082,578 1,082,578 SB1 1,291,695 1,045,000 92,400 1,137,400 Public Safety Grants 176,700 175,043 175,043 AQMD 73,000 50,000 50,000 Integrated Waste Mgmt 153,546 16,000 210,777 226,777 Technology Fund 98,900 92,880 92,880 Federal Grants 877,535 877,535 877,535 State Grants 60,000 - 48,992 48,992 AV Center1 2,956,835 2,956,835 - 2,956,835 AV Aquatic Center2 1,181,840 1,181,840 - 1,181,840 Total 9,409,463$ 8,799,511$ 387,169$ 9,186,680$ 2 AV Aquatic Center revenue includes transfers in from the General Fund in the amount of $183,840. 1 AV Center expenditures include transfers out to the General Fund in the amount of $585,028. 8266
Recommended Actions:

1. Receive and file the fiscal year (FY) 2023-24 financial update;

2. Authorize an increase in revenue estimates by $3,645,297 and increase budget appropriations by $2,169,000 to the adopted FY 2023-24 General Fund Budget; and

3. Authorize the additional appropriation of $35,000 in Gas Tax, $48,992 in State Grants, and $139,546 in Integrated Waste Management funds to the FY 2023-24 Budget. 9267
City of Aliso Viejo

AGENDA ITEM
DATE: May 15, 2024
TO: Mayor and City Council
FROM: Mitzi Ortiz, Acting City Manager
SUBJECT: REQUEST TO AUTHORIZE USE OF CITY LETTERHEAD BY MAYOR

MUNZING
Recommended Action:

Consider authorizing the use of City letterhead for a letter of opposition to Harm Reduction Institute’s syringe services program application for a program in the City of Santa Ana.

Fiscal Impact:

None.

Background:

On September 16, 2020, the City Council adopted Ordinance No. 2020-216 amending Chapter 1.04 of the Aliso Viejo Municipal Code (“AVMC”) relating to the use of the City’s official indicia. AVMC Section 1.04.020 requires prior approval of the City Council for use of City letterhead by anyone other than City staff.

Discussion:

Mayor Munzing received a request from the City of Santa Ana Mayor Valerie Amezcua for a letter of opposition to Harm Reduction Institute’s syringe services program application and is seeking City Council authorization for the use of City letterhead. The proposed program would be operated in the City of Santa Ana. The attached correspondence outlines the City of Santa Ana’s reasons for opposing the program.

Attachment:

1. City of Santa Ana Mayor’s Request for Letter of Opposition 268

April 10, 2024

Honorable Mike Munzing
Mayor of the City of Aliso Viejo
12 Journey, Suite 100
Aliso Viejo, CA 92656
RE: Request for Letter of Opposition to Harm Reduction Institute’s Syringe Services Program Application

Dear Mayor Munzing:

As the Mayor of the City of Santa Ana, I am writing to respectfully request that you prepare a letter of opposition to the application submitted by the Harm Reduction Institute (HRI) to operate a needle distribution program in Santa Ana, California. This opposition stems from serious concerns regarding public health, safety, and the well- being of our community, as outlined below. The City of Santa Ana has made it a top priority to address the negative impacts that needle distribution programs have had on our community in the past. We believe that approving HRI's application would only exacerbate these issues and pose significant risks to the health, safety, and quality of life of our residents and surrounding cities. Their application states HRI will use a mobile/home delivery and pick up method, defining “home” as “described by the client.” The ambiguity of their definition of home can affect the entire County of Orange.

HRI's initial application was approved by the California Department of Public Health in August 2023. However, in light of the strenuous opposition from the City of Santa Ana and the legitimate public health and safety concerns raised, the authorization for the program was rescinded. While HRI has resubmitted its application in December 2023, the City of Santa Ana remains steadfast in our stance against the proposed needle distribution program.

Our opposition is grounded in several key concerns:
 Negative Impacts on Public Health and Safety: Needle distribution programs have historically been associated with increased public health risks.

For example, a needle distribution program operated in Santa Ana from 2016 to 2018, resulting in 250,000 used syringes being discarded in public areas frequented by children and senior citizens. These used syringes affected 269
Request for Letter of Opposition to HRI’s Syringe Services Program Application Page 2 public areas like the Civic Center, library, senior center, neighborhoods, and businesses. Presently, HRI plans to operate a needle distribution program in our community that would, on an annual basis, provide 300,000 syringes— while only collecting 180,000. This means that 120,000 needles annually could be discarded in public areas. This needle distribution program would only perpetuate issues and undermine our efforts to promote public health and safety.

 Lack of Consultation with Stakeholders: Meaningful consultation with stakeholders, including the Santa Ana Police Department and other affected parties, is essential before any decision is made regarding the approval of HRI's application. It is imperative that the concerns and perspectives of our community members be thoroughly considered in this process.  Potential Risks to Youth, Neighborhoods, and Businesses: The operation of a needle distribution program by HRI would seriously jeopardize the health, safety, and well-being of our youth, neighborhoods, and businesses. We cannot afford to ignore the potential negative impacts that such a program would have on our community.

In conclusion, I respectfully ask for a letter of opposition and ask that the California Department of Public Health reject HRI's application for the establishment of a needle distribution program in Santa Ana. We believe that approving this application would be contrary to the best interests of our community and would only serve to exacerbate the existing challenges we face.

Thank you for considering our concerns. We stand firm in our commitment to safeguarding the health and safety of not only the residents of Santa Ana, but the entirety of Orange County. Should you like to discuss this matter further, please do not hesitate to contact me at (714) 647-6900 or vamezcua@santa- ana.org.

Sincerely,

Valerie Amezcua
Mayor
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Aliso Viejo City CouncilMay 15, 2024

Aliso Viejo City Council
May 15, 2024