Laguna Hills City Council
September 10, 2024

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statement identifying the portion of the claim that is undisputed and the portion that remains in dispute.
f) For all portions of a claim determined to be undisputed, the City must process payment to the claimant within 60 days of issuing the City’s written determination. g) Any remaining undisputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation in which the parties share the cost evenly. The City and the claimant shall mutually agree on a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree, each party shall select a mediator and those mediators shall jointly select a qualified, neutral third party to mediate the remaining undisputed claim. Each party shall bear the respective costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside of PCC section 9204.

Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under PCC Section 20104.4 to mediate after litigation has been commenced.

PCC Section 9204 does not preclude the City from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program if mediation under this section does not resolve the parties’ dispute.

Should the City fail to respond to a claim, or fail to issue written statements as required, the Contractor’s claim is deemed denied. A claim denied by reason of the City’s failure to respond shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.

Amounts not paid in a timely manner as required by PCC 9204 shall bear interest at seven percent per annum.

NOTICE OF THIRD-PARTY CLAIMS
In accordance with PCC Section 9201, the City will provide timely notification to Contractor of the receipt of any third-party claim relating to the Agreement. The Contractor agrees to reimburse the City for its reasonable costs incurred in providing such notice.

CLAYTON ACT AND CARTWRIGHT ACT
In accordance with Section 7103.5 of the Public Contract Code, in entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, and interest in and all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties.

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CITY OF LAGUNA HILLS

SPECIAL PROVISIONS
FOR

SPECIFICATIONS FOR

PROJECT NAME
PART 1 - GENERAL PROVISIONS
SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS. 1-2 DEFINITIONS.

City - City of Laguna Hills
Board - City Council
Caltrans - California Department of Transportation
County - County of Orange
Engineer - City Engineer
Federal - United States of America
State - State of California
Contractor - Contractor, its workers, employees and agents Project - Project Name
1-3 ABBREVIATIONS.
1-3.2 Common Usage. [Add the following to this section]:

MUTCD - Manual of Uniform Traffic Control Devices, including the California Supplement
OCPW - Orange County Public Works Department
SPPWC - Standard Plans for Public Works Construction
SSPWC - Standard Specifications for Public Works Construction FHWA - Federal Highway Administration
HUD - Housing and Urban Development
1-7 AWARD AND EXECUTION OF CONTRACT.

Within three (3) days of bid opening contractor must submit:
• If a bid bond is submitted with a 10% of Bid designation for the amount as noted in the City Approved Bid Bond form, a revised Bid Bond with numerical dollar values, both in words and with digits, shall be submitted to the City within three (3) days of bid opening.

Within five (5) working days after the date of the Notice of Apparent Low Bidder, the Contractor shall execute and return the following documents to the City:
• All Insurance Requirements set forth herein
• Two (2) Original Signed Contract Agreements

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Within ten (10) working days after the date of the Notice of Award, the Contractor shall execute and return the following documents to the City:
• Faithful Performance Bond
• Material and Labor Bond
• Construction Schedule
• Water Pollution Control Plan
• Form W-9
• Encroachment Permit Application
• Construction Materials Submittals

FAILURE TO COMPLY WITH ALL OF THE ABOVE WILL RESULT IN ANNULMENT OF THE

AWARD AND FORFEITURE OF THE PROPOSAL GUARANTEE AT THE SOLE DISCRETION OF City.

The Contract Agreement shall not be considered binding upon the City until executed by the authorized City officials. A corporation to which an award is made may be required, before the Contract Agreement is executed by the City, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California, and that the officers signing the Contract and bonds for the corporation have the authority to do so. 1-7.2 Contract Bonds. [Replace section with the following]:

Both the Faithful Performance Bond and the Material and Labor Bond shall each be for not less than one hundred percent (100%) of the total Contract amount. The Material and Labor Bond shall remain in force until thirty-five (35) days after the date of recordation of the Notice of Completion. The Faithful Performance Bond will be held for one year after the date of recordation of the Notice of Completion.

Prior to the acceptance of any bond, the City shall verify that the surety is an admitted surety in the State of California. If requested by the City, the Contractor shall provide other information specified in the Code of Civil Procedure Section 995.660 to enable the City to verify the sufficiency of the bond.

Should any bond become insufficient, the Contractor shall correct the insufficiency within ten (10) calendar days after receiving notice from the City. The Contractor shall provide the City with evidence of the correction within ten (10) calendar days of said correction. Should any surety at any time be unsatisfactory to the City, written notice will be given to the Contractor to that effect.

No further payments shall be deemed due or will be payable under the Contract until Contractor submits an acceptable bond from a surety accepted by the City. Changes to the work or extensions of time made pursuant to the Contract Agreement shall in no way release the Contractor or the surety from its obligations. Notice of such changes or extensions shall be waived by the surety.

SECTION 2 – SCOPE OF WORK.
2-1.1 PLANS AND SPECIFICATIONS [Add the following to this section]:

The Contractor shall maintain a control set of Plans and Specifications on the Project site at all times. All final locations determined in the field, and any deviations from the Plans and

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Specifications, shall be marked in red on this control set to show the as-constructed conditions.

Upon completion of all work, the Contractor shall return the control set to the Engineer. Final payment will not be made until this requirement has been met. 2-2 PERMITS. [Add the following to this section]:

Prior to the start of any work, the Contractor shall take out the applicable City Building permits and make arrangements for City inspections. Requests for inspections shall be made to the City at least 24 hours in advance of need. The Contractor and all subcontractors shall each obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or public utility. Payment for this work shall be included in the bid items of work and no additional compensation will be allowed. The City will waive the usual City permit fees.

Further, Contractor shall ensure that its employees, agents, contractors, and subcontractors conduct themselves in compliance with such laws and licensure requirements including, without limitation, compliance with laws applicable to nondiscrimination, sexual harassment, and ethical behavior throughout the duration of the Contract. Contractor shall not retain or employ an unlicensed subcontractor to perform work pursuant to this Contract. Contractor shall notify the City immediately and in writing of its employees’, agents’, contractors’ or subcontractors’ inability to obtain or maintain, irrespective of the pendency of any appeal, any such licenses, permits, approvals, certificate, waivers, and exemptions that may be required. Such inability shall be cause for termination of this Contract
2-8 EXTRA WORK.
2-8.2 Payment.
2-8.3 Markup.
(a) Work by Contractor. [Add the following to this section]: The following percentages shall be the maximum added to the Contractor's costs and shall constitute the markup for all overhead and profits:
1) Labor 20
2) Materials 15
3) Equipment Rental 15
4) Other Items and Expenditures 15
To the sum of the costs and markups provided for in this subsection, 1 percent shall be added as compensation for bonding.
(b) Work by Subcontractor. [Add the following to this section]: When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of five (5) percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor.

The markups mentioned hereinafter shall include, but are not limited to, all costs for the services of superintendents, project managers, timekeepers and other personnel not working directly on the change order and pickup or yard trucks used by the above personnel. These costs shall be

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reported as labor or equipment elsewhere except when actually performing work directly on the change order and then shall only be reported at the labor classification of the work performed.

The costs of rental equipment shall not exceed the equipment rental rates in the surcharge and Equipment Rental Rates, as published by the State of California Business, Transportation, and Housing Agency and the California Department of Transportation, Division of Construction for the current fiscal year.
2-10 DISPUTED WORK. [Add the following to this section]:

If the Contractor and the City are unable to reach an agreement on disputed work, the City may direct the Contractor to proceed as directed. The City shall have the option, at its own discretion, to pay for said work through unilateral change order executed by the City after conducting its own analysis of the reasonable costs thereof. Although not to be construed as proceeding under extra work provisions in Section 3-3, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3.

In any case where the Contractor believes extra compensation is due the Contractor for work or materials not clearly covered in the Contract, or not ordered by the City as “extra work”, the Contractor shall notify the City in writing of the Contractor's intention to make claim for such extra compensation before the Contractor begins the work on which Contractor bases the claim. If such notification is not given, or the City is not afforded proper supporting documentation by the Contractor for keeping strict account of actual cost, then the Contractor shall be deemed to have waived the claims for such extra compensation. Such notice by the Contractor, and the fact that the City has kept account of the cost as aforesaid, shall not in any way be construed as proving the validity of the claim. The validity of the claim must be determined by the City. If the City determines that the claim is well founded, it shall be allowed and paid for as “extra work”; if the City determines that the claim is not well founded, it shall be disallowed and not paid.

SECTION 3 – CONTROL OF THE WORK.
3-10 SURVEYING.
3-10.5 Survey Services. [Add the following to this section]:

The Contractor shall be responsible for the finished work's conforming to the lines, grades and benchmarks given by the Engineer. The Contractor shall establish supplementary benchmarks, elevations, lines and grades and any other necessary controls which are not established by the Engineer and which are necessary to complete the work. Compensation for above work by the Contractor shall be included within the various items of work and no additional compensation will be allowed.

SECTION 4 - CONTROL OF MATERIALS
4-3 INSPECTIONS.
4-3.1 General. [Add the following to this section]:

The City will pay for inspection and materials testing. The Contractor shall pay for retests and reinspections due to failure to meet Specifications. If the Contractor elects to work under this Contract more than 8 hours/day or more than 40 hours/week, Saturday, Sunday, or City holidays,

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it shall arrange with the Engineer for the required inspection service and pay the Special Inspection Fees as provided by the Material Inspector and City Engineer. When Special Inspection is required, the Contractor shall notify the City and pay inspection fees 24 hours in advance. A 24 hour advance notice will be given during working hours, exclusive of Saturday, Sunday or City holidays for the purpose of permitting the Engineer to make necessary assignments of his representatives. If the Contractor is directed by the City to work under this Contract more than 8 hours/day or more than 40 hours/week, the Special Inspection Fee requirements will be waived.

SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITIES
5-1 LAWS AND REGULATIONS. [Add the following to this section]:

The Contractor, and all subcontractors, suppliers and vendors, shall comply with all City, State, and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of periodic progress payments.

The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers.
5-3 LABOR.
5-3.3 Payroll Records. [Add the following to this section]:

Contractor shall comply with the provisions of California Labor Code Section 1776 which, among other things, require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. Verified payroll records shall be submitted to the City by the tenth day of each month. Progress payments will be withheld pending receipt of any outstanding reports.
5-4 INSURANCE.
5-4.5 Compliance with Insurance Requirements. [Add the following to this section]:

Contractor shall obtain, maintain, and keep in full force and effect during the term of this Agreement, at its sole cost and expense, and in a form and content satisfactory to City, all insurance required under this section. Contractor shall not commence any work or services under this Agreement unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If Contractor’s existing insurance policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
5-4.5.1Types of Insurance Required. [Add the following to this section]:

As a condition precedent to the effectiveness of this Agreement, and without limiting the indemnity provisions set forth in this Agreement, Contractor shall obtain and maintain in full force and effect during the term of this Agreement, including any extension thereof, the following policies of insurance:

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A. Commercial General Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance (Insurance Services Office form CG 00 01) written on an occurrence basis with limits of at least two million dollars ($2,000,000.00) per occurrence, four million dollars ($4,000,000.00) in the general aggregate, and four million dollars ($4,000,000.00) for completed operations aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.

B. Automobile Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Automobile Liability Insurance (Insurance Services Office form CA 001) written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) combined limit for each occurrence covering bodily injury and property damage. The policy shall specifically include coverage for owned, non-owned, leased, and hired automobiles.

C. Workers’ Compensation Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Workers’ Compensation Insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers’ compensation insurer waiving all subrogation rights under its workers’ compensation insurance policy against the City, its officials, officers, employees, agents and volunteers, and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Employer’s Liability Insurance written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) per accident for bodily injury or disease.
5-4.5.2 Acceptability of Insurers. [Add the following to this section]:

Insurance required by this section shall be issued by a licensed company authorized to transact business in the state by the Department of Insurance for the State of California with a current rating of A-:VII or better (if an admitted carrier), or a current rating of A:X or better (if offered by a non-admitted insurer listed on the State of California List of Approved Surplus Line Insurers (LASLI), by the latest edition of A.M. Best’s Key Rating Guide, except that the City will accept workers’ compensation insurance from the State Compensation Fund. In the event the City determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City.

Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein.
5-4.5.3 Insurance Endorsements. [Add the following to this section]:

Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:

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A. The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to provide the following:
(1) Additional Insured: The City, its officials, officers, employees, agents and volunteers, shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement; and
(2) Additional Insured Endorsements: Additional insured endorsements shall not (1) be restricted to “ongoing operations”, (2) exclude “contractual liability”, (3) restrict coverage to “sole” liability of Contractor, or (4) contain any other exclusions contrary to the Agreement; and, the coverage shall contain no special limitations on the scope of protection afforded to additional insureds.
(3) Notice: The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or modified, or reduced in coverage or in limits, except after thirty (30) days prior written notice by First Class U.S. Mail, postage-prepaid, has been provided to the City. Notwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of Contractor’s failure to pay the insurance premium, the notice provided to City shall be by ten (10) days prior written notice.

B. For all policies of Commercial General Liability Insurance, Contractor shall provide endorsements for completed operations to effectuate this requirement. 5-4.5.4 Deductibles and Self-Insured Retentions.

Any deductible or self-insured retention must be approved in writing by the City in advance and shall protect the City, its officials, officers, employees, agents and volunteers, in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
5-4.5.6 Primary and Non-Contributing Insurance.

All policies of Commercial General Liability Insurance and Automobile Liability Insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers, shall not contribute with this primary insurance.

Policies shall contain or be endorsed to contain such provisions. 5-4.5.7Waiver of Subrogation.

All policies of Commercial General Liability and Automobile Liability Insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with the requirements set forth in this section to waive their right to recovery prior to a loss. Contractor hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Contractor hereby agrees to require similar written express waivers and insurance clauses from each of its subcontractors. 5-4.5.8 Evidence of Coverage.

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Concurrently with the execution of the Agreement, Contractor shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. The certificates of insurance and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. Contractor shall promptly furnish, at City’s request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents City requires to verify coverage. 5-4.5.9 Requirements Not Limiting.

Requirement of specific coverage or minimum limits contained in this section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Nothing in this section shall be construed as limiting in any way the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property. 5-4.5.10 Enforcement of Agreement (Non-Estoppel).

Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of any non-compliance with any of the insurance requirements set forth in this section imposes no additional obligation on the City nor does it waive any rights hereunder. 5-4.5.11 Insurance for Subcontractors.

Contractor shall either: (1) include all subcontractors engaged in any work or services for Contractor relating to this Agreement as additional named insureds under the Contractor’s insurance policies; or (2) Contractor shall be responsible for causing its subcontractors to procure and maintain the appropriate insurance in compliance with the terms of the insurance requirements set forth in this section, including adding the City, its officials, officers, employees, agents and volunteers, as additional insureds to their respective policies. All policies of Commercial General Liability Insurance provided by Contractor’s subcontractors performing any work or services related to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers, as additional insureds. Contractor shall not allow any subcontractor to commence any work or services relating to this Agreement unless and until it has provided evidence satisfactory to City that the subcontractor has secured all insurance required under this section.
5-4.5.12 Other Insurance Requirements.

The following terms and conditions shall apply to the insurance policies required of Contractor pursuant to this Agreement:

A. Contractor shall provide immediate written notice to City if (1) any of the insurance policies required herein are terminated, cancelled or suspended, (2) the limits of any of

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the insurance coverages required herein are reduced, or (3) the deductible or self-insured retention is increased.

B. All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.

C. None of the insurance coverages required herein will be in compliance with the requirements of this section if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City and approved in writing.

D. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Contractor’s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.

E. Contractor agrees to ensure that subcontractors, if any, and any other parties involved with the Project who are brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review.

F. Contractor agrees to provide immediate written notice to City of any claim, demand or loss against Contractor arising out of the work or services performed under this Agreement and for any other claim, demand or loss which may reduce the insurance available to pay claims, demands or losses arising out of this Agreement. 5-4.5.13 Contractor's Liability; City Not Liable; Claims Resolution A. Contractor’s liability. The Contractor shall be responsible for any loss or damage that may occur to:
• The work or any part thereof;
• Any of the materials or other things used or employed in performing the work; • Any injury to any person or persons, either workers or the public; • Any damage to property resulting from any cause which might have been prevented by the Contractor, including defects or obstructions at any time before completion of the work and its final acceptance.

B. City ordered precautions. If, in the opinion of the City Engineer, the precautions taken by Contractor are not safe or adequate at any time during the term of the Contract, the City Engineer may order the Contractor to take further precautions, and if the Contactor shall fail to do so, the City Engineer may order the work done by others and charge the Contractor for the cost thereof, such cost to be deducted from any moneys due or becoming due

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the Contractor. Failure of the City Engineer to order such additional precautions, however, shall not relieve the Contractor from his full responsibility for public safety.

C. City not liable. The City shall not be answerable or accountable in any manner, for any loss or damage that may occur to any of the following from any cause which might have been prevented by the Contractor:
• The work or any part thereof;
• Any of the materials or other things used or employed in performing the work; • Any injury to any person or persons, either workers or the public; • Any damage to property.

D. Claims Resolution. From time to time during the period of this contract, the City and/or the Contractor may be served with third-party claims, as a result of alleged conduct by Contractor. The following procedures shall be followed by City and Contractor:

For claims received by Contractor:
(1) Contractor shall provide City on a monthly basis details regarding any claim for damages to persons or property, including, date claim made, date of alleged damages, type of damages, alleged cause of damages and, as claims are resolved, details regarding Contractor’s denial or payment of such claim and the reasons for denial or payment. (2) Contractor shall resolve or deny any claim received within thirty (30) days of receipt. If Contractor is unable to resolve a claim within the thirty (30) days set forth above, it shall, prior to the expiration of the thirty (30) days request and extension in writing from the City.

For claims received by City:
(1) City shall process any claims received pursuant to Chapter 3-12 (Claims Against the City) of the Laguna Hills Municipal Code. (2) If after investigation of the claim, the City determines the Contractor is liable under this Contract, City shall tender the claim to the Contractor for proper handling and resolution.

E. Retention of Claimed Damages by City. The City may retain so much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the City until disposition has been made of such suits or claims for damages aforesaid.
5-7 SAFETY.
5-7.1.3 Traffic and Access. [Add the following to section]:

When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic.

Pedestrian access shall be maintained at all times during construction and shall be in accordance with the Americans With Disabilities Act.

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5.7.2 Safety Orders

5.7.2.1 General. [Add the following to this section]:

The Contractor shall comply with the provisions of any City ordinances or regulations regarding requirements for the protection of excavations and the nature of such protection.

In accordance with Section 6500 of the Labor Code, the Contractor is required to obtain a permit from the Division of Industrial Safety for any trench or excavation which if five feet or more in depth and into which a person is required to descent.

In accordance with Section 6705 of the Labor Code, prior to any excavation involving an expenditure in excess of twenty-five thousand dollars ($25,000) for the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall submit to Engineer a written detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches.

Prior to beginning of excavations requiring shoring, the Contractor shall designate in writing to the Engineer someone whose responsibility it is to supervise the Project safety measures and someone whose responsibility it is to supervise the installation and removal of sheeting, shoring and bracing.

In addition to shoring the excavations in accordance with the minimum requirements of Industrial Safety Orders, it shall be the Contractor's responsibility to provide any and all additional shoring required to support the sides of the excavation against the effects of load which may exceed those desired by using the criteria set forth in the Industrial Safety Orders. The Contractor shall be solely responsible for any damages which may result from his failure to provide adequate shoring of the excavation under any and all of the conditions of loading which may exist or which may arise during construction of the Project.

In accordance with Section 7104 of the Public Contract Code, any public works contract which involves excavations that extend deeper than four feet below the surface shall provide as follows:

I. That the Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any:

A. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.

B. Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids.

C. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally as inherent in work of the character provided for in the contract.

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II. The local public entity shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in the contract.

III. That, in the event that a dispute arises between City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 5-7.2.2.1 Storage of Equipment and Materials in Public Streets. [Add the following section]:

The Contractor is required to, at his own expense, maintain and operate a work and storage area outside of the public right-of-way. In such case the Contractor shall submit to City written authorization from the owners of the subject property prior to occupation. Occupation of site without written authorization shall be grounds for immediate suspension of work. Location of site to be approved by City. Condition and operation of yard shall conform to these specifications. The Contractor shall assume full responsibility for all damage to the site resulting from his operations and shall repair and/or replace same, at his own expense, to the satisfaction of the owner of the subject property. The Contractor shall vacate site and return it to pre-Project condition within five (5) working days following application for Notice of Completion. The Contractor shall obtain a written release from the property owner accepting the condition of the vacated site and releasing the Contractor from any further clean-up or restoration work and shall submit a copy of such release to City. The Notice of Completion will not be issued until said release is submitted.

SECTION 6 - PROSECUTION AND PROGRESS OF WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.
6-1.0 General. [Add the following section]:

The Contractor's proposed Construction Schedule shall be submitted to the Engineer within ten (10) working days after the date of the Notice of Award of Contract. The schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged, and setting forth the dates that each item will be delivered. The schedule shall establish the order of work which minimizes disruption of existing travel lanes.

Prior to issuing the Notice to Proceed, the Engineer will schedule a preconstruction meeting with the respective Contractor to review the proposed Construction Schedule and delivery dates, arrange the utility coordination, discuss construction methods, and clarify inspection procedures.

The Contractor shall submit periodic Progress Reports to the Engineer by the tenth day of each month. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Liquidated damages will be assessed pending receipt of any outstanding reports, as set forth in Section 6-9.1 below. 6-1.3 Construction Schedule (Critical Path Method) [Add the following section]:

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The Contractor shall submit to the Engineer practicable critical path method (CPM) progress schedules in conformance with these Special Provisions. Whenever the term “schedule” is used in this section it shall mean CPM progress schedule illustrated by the Gantt Bar method. The schedule shall be prepared by qualified and experienced scheduling staff.

Schedules shall show the order in which the Contractor proposes to carry out the work with logical links between time-scaled work activities, and calculations made using the critical path method to determine the controlling operation or operations. The Contractor is responsible for assuring that all activity sequences are logical and that each schedule shows a coordinated plan for complete performance of the work.

The Contractor shall produce schedules using computer software and shall furnish compatible software for the Engineer’s exclusive possession and use. The Contractor shall furnish network diagrams, narrative reports, tabular reports and schedule data as parts of each schedule submittal.

The number of activities shall be sufficient to assure adequate planning of the Project, to permit monitoring and evaluation of progress, and to do an analysis of time impacts.

Schedule activities shall include the following:

A. A clear legible description.

B. Start and finish dates.

C. A duration of not less than one working day, except for event activities, and not more than 20 working days, unless otherwise authorized by the Engineer.

D. At least one predecessor and one successor activity, except for Project start and finish milestones.

E. Required constraints.

F. Codes for responsibility, stage, work shifts, location and contract pay item numbers.

The Contractor may show a scheduled completion date that is later than the Contract completion date on an update schedule, after the baseline schedule is accepted. The Contractor shall provide an explanation for a late scheduled completion date in the narrative report that is included with the schedule.

The Engineer’s review and acceptance of schedules shall not waive any Contract requirements and shall not relieve the Contractor of any obligation thereunder or responsibility for submitting complete and accurate information. Schedules that are rejected shall be correct by the Contract and resubmitted to the Engineer within five (5) working days of notification by the Engineer, at which time a new review period of one week will begin.

Errors or omissions on schedules shall not relieve the contractor from finishing all work within the time limit specified for completion of the Contract. If, after, a schedule has been accepted by the Engineer, either the Contractor or the Engineer discovers that any aspect of the schedule has an error or omission, it shall be corrected by the Contractor on the next schedule.

Payment for the Project schedule and revisions/updates to the schedule shall be made under other items of work and no additional payment shall be made therefore.

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6-1.4 Acceleration. [Add the following section]:

The City reserves the right to accelerate the work of the Contract at any time during its performance. In the event the City directs acceleration, such directive will be given to the Contractor in writing. The Contractor shall keep cost and other Project records related to the acceleration directive separately from the normal Project cost records and shall provide a written record of acceleration costs to the City on a daily basis.

In the event the Contractor believes that some action or inaction on the part of the City constitutes an acceleration directive, the Contractor shall immediately notify the City in writing that the Contractor considers the actions or inactions an acceleration directive. The Contractor shall not accelerate their work efforts until the City responds to the written notification. If acceleration is then directed or required by the City, all cost records referred to in the previous paragraph shall be maintained by the Contractor and provided to the City on a daily basis.

In order to recover additional costs due to acceleration, the Contractor must document that additional expenses were incurred and paid by the Contractor. Labor costs recoverable will only be overtime or shift premium costs or the cost of additional laborers brought to the site to accomplish the accelerated work effort. Equipment costs recoverable will only be the cost of added equipment mobilized to the site to accomplish the accelerated work effort. 6-3 TIME OF COMPLETION.
6-3.1 General. [Add the following to this section]:

The time for completion shall be as set forth in the General Specifications. 6-3.2 Contract Time Accounting. [Add the following to this section]:

The Contractor's activities shall be confined to the hours between 7:00 AM and 4:00 PM, Monday through Friday, excluding holidays, unless otherwise specified. Work shall be prohibited any time on Saturday, Sunday or Federal Holidays except as provided herein. Deviation from these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property.

In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates (premium time) including benefits, overhead, and travel time and are established based on the City’s current fee schedule or professional services agreement for construction inspection services. The service fees will be deducted from any amounts due the Contractor.

Construction activities during City Special Events may be restricted by City to exclude all or part of the work on primary arterial or access roads to the Special Events as determined by Engineer.

The Contractor shall be responsible to ascertain the exact times of any such events within his proposed construction schedule which may restrict his operation and shall adjust his schedule accordingly. The construction restrictions shall only be for the actual days the events occur. All costs for protection of work site and re-mobilization shall be deemed as included in the lump sum contract for their respective items and no additional compensation will be allowed. 6-3.3 Completion, Acceptance, and Warranty. [Add the following section]:

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Work will be deemed completed on the same date when the Notice of Completion is recorded with the County of Orange.
6-9 LIQUIDATED DAMAGES. [Add the following to this section]:

It is agreed by the parties to the Contract that time is of the essence and that in the case that all the work is not complete before or upon the expiration of the time limit set forth, damage will be sustained by the City. For each consecutive calendar day in excess of the time specified for the completion of the work, the Contractor shall pay to the City $1,000.00. In addition, the City shall have the right to charge to the Contractor and to deduct from payments for the work the actual cost to the City of engineering, inspection, superintendence, and other overhead expenses, which are directly chargeable to the Contract and which accrue during the period of such delay. The expenses and damages described above shall be deducted from any money due the Contractor under this contract. The Contractor and his sureties shall be liable for any excess cost. 6-9.1 Additional Liquidated Damages. [Add the following section]:

Additional liquidated damages will also be assessed in the amount of $500.00 per calendar day for failure to follow a construction schedule or timely submit periodic progress reports as described in Section 6 of these Special Provisions.

Additional liquidated damages will also be assessed in the amount of $500.00 per calendar day for failure to mobilize to the Project site within 10 working days of the date of the Notice of Proceed as specified in these Special Provisions.

SECTION 7 - MEASUREMENT AND PAYMENT
7-3 PAYMENT.
7-3.2 Partial and Final Payment. [Add the following to this section]:

The closure date for periodic progress payments will be five (5) working days prior to the first Monday of each month. The final progress payment will not be released until the Contractor returns the control set of Plans and Specifications showing the as-constructed conditions. The City shall withhold from the final payment $15,000 in the event that the Contractor fails to return the control set of Plans and Specifications showing the as-constructed conditions.

SUBSTITUTION OF SECURITIES
In conformance with Public Contract Code Section 22300, the Contractor may substitute securities for any monies withheld by the City to ensure performance under the Contract Agreement.

At the request and expense of the Contractor, the Contractor has the option to deposit securities, which have been approved by the City, and deposited with a State or Federally chartered bank as the escrow agent. Said securities will be used as a substitute for retention earnings required to be withheld by the City, pursuant to the construction contract. The Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive interest thereon. Said securities shall have no obligation to any other construction contract for substitution of securities in lieu of retention. When the Contractor deposits the City approved securities with the escrow agent, the escrow agent shall notify the City within 10 calendar days of the deposit.

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Said securities shall be evaluated quarterly by the escrow agent to verify the current market value.

If the current market value of said securities falls below the required amount, the escrow agent shall notify the Contractor and require additional securities and/or cash to be submitted for City approval, and be held in the escrow account to meet the Contractor's obligations. Said securities shall be held by the escrow agent until such time as the escrow agent receives written notification from the City that the Contractor has satisfactorily completed his contract obligations.

Alternatively, the Contractor may request and the City shall make payment of retention earned directly to the escrow agent at the expense of the Contractor. The Contractor may direct the investment of the payment into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for securities deposited by the Contractor.

The type of securities deposited and the method of release shall be approved by the City Attorney's office.

The full five percent (5%) retention will be deducted from all payments. The City shall hold retainage from the Contractor and shall make prompt and regular incremental acceptances of portions, as determined by the City, of the Contract work, and pay retainage to the Contractor based on these acceptances. The Contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the Contract work by the City. Federal law (49 CFR Section 26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the City’s prior written approval. Any violation of this provision shall subject the violating Contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code.

These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor, deficient subcontract performance, or noncompliance by a subcontractor.

The final retention will be authorized for payment thirty-five (35) days after the date of recordation of the Notice of Completion. . The City may withhold from release of the final retention amounts authorized under Public Contracts Code Section 7107 and/or 125% of amounts identified in any Stop Notices received by the City.
7-3.3 Delivered Materials. [Add the following to this section]:

Materials and equipment delivered but not incorporated into the work shall not be included in the estimate for progress payment.
7-3.4 Mobilization. [Add the following to this section]:

Mobilization shall consist of preparatory work and operations, including but not limited to those necessary for the movement of personnel, equipment, supplies, and incidentals to the Project site; for the establishment of all offices, buildings and other facilities necessary for the work on this Project; and for all other work and operations which must be performed or cost incurred prior to beginning work on the various contract items on the Project site. Mobilization is deemed to include all aspects of mobilization and de-mobilization work occurring during the life of the Project for any reason.

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Full compensation for mobilization shall be included in the Contract LUMP SUM price bid for the Project and shall include full compensation for all costs incurred by the Contractor for doing all the work involved in mobilization as specified herein, and no additional compensation will be allowed. Mobilization shall not exceed 5% of the entire bid, excluding mobilization and as shown in the Proposal Bid Sheet.

SECTION 9 – FACILITIES FOR CONTRACT PERSONNEL. [Add this section]:
9-1 EXTENDED FIELD OFFICE OVERHEAD COST.

Within fourteen (14) calendar days after receipt of the Notice to Proceed, the Contractor shall submit written statement to the City detailing its field office overhead costs which are time related.

The City will review this first cost submittal and reach a written agreement with the Contractor on a daily field office overhead cost rate which shall be memorialized in a no cost change order. The daily rate agreed to in this change order will be applicable throughout the duration of the Contract.

No field office costs will be paid until such an agreement is reached between the City and the Contractor and the change order concerning this daily rate is executed by both parties. Progress payments will be withheld pending receipt of the above-referenced cost submittal and executed change order.

The individual cost components of the daily field office overhead rate shall represent costs which increase as a direct result of any time extension caused solely and exclusively by an act or omission of the City. This listing may include such cost items as on-site project management, supervision, Engineering and clerical salaries; on-site utilities and rent; on-site company vehicles and their operating expenses; and site maintenance and security expenses. Field office overhead costs which are unaffected by increased time shall not be allowable cost in calculating the daily field office overhead rate. These non-time related costs include, but are not limited to, acquisition and installation of stationary equipment; temporary construction facilities; utilities and office furnishings (unless such items are rented or leased); the preparation of the site including clearing, grubbing, grading, fencing, mobilizations and demobilization costs; and the costs of permits, bonds and insurance coverage for the Project.

The individual wage cost components used to calculate the daily field office rate shall be supported by actual employee payroll records, not salary ranges or estimates. Hourly rates for management, supervisory, engineering, and clerical employees shall be based upon 2080 work hours per year and shall not include allowances for holidays, vacations, or sick time.

When applicable, the daily field office overhead rate shall be multiplied by the number of days the Contract is delayed or extended by change order and shall be added to the agreed upon change order cost. The days of delay shall be those caused solely by the acts or omissions of the City and documented by a time impact analysis prepared and submitted by the Contractor. In the event a deductive change order is issued which reduces time under the Contract, the daily field office overhead rate shall be used to calculate the deductive amount. No allowance for overhead costs and no profit allowance shall be added to the extended field office overhead cost.

SECTION 10 - RESPONSIBILITIES OF THE CONTRACTOR [Add this section]:
10-1 CONTRACTOR'S EQUIPMENT AND FACILITIES.
10-1.1 General.

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Conduct of the Work. The Contractor shall behave, at all times, in a courteous, professional manner. While on site, or entering or exiting the site, there shall be no extraneous activity that might cause disruption to the Project site, surrounding areas, or residents. Failure to comply may result in the suspension of work, or removal of contractor’s staff from the Project.

Noise Levels. A noise level limit of 86 dbA at a distance of fifty feet (50') shall apply to all construction equipment on or related to the job whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided except in those cases required for the protection of personnel.
10-2 COOPERATION AND COLLATERAL WORK.

The Contractor is advised as to the possibility of other construction projects within the proposed construction zone by the City, other governing agencies or private enterprises. In the event of such projects, the Contractor shall coordinate with the applicable parties as to the extent of any time required to complete their work and shall schedule its work and conduct its operations so as to permit access and time as required for the concurrent work. The Contractor shall immediately notify the City Engineer in the event of a delay in scheduling caused solely by this concurrent work. Payment for the above, if any, shall be deemed as included in the items of work as shown on the proposal bid sheet and no additional compensation will be allowed. 10-3 PROJECT SITE MAINTENANCE.
10-3.1 Cleanup and Dust Control.

The Contractor shall keep adjacent properties clean and free of rubbish and debris in a timely manner as necessary and/or as directed by the Engineer.

The Contractor shall implement effective handling, storage, usage, and disposal practices to control material pollution and manage waste and nonstormwater at the job site before they come in contact with storm drain systems and receiving waters.

In accordance with California Senate Bill 1383, Contractor shall recycle at least 75% of construction materials from demolition operations, and shall submit a Construction & Demolition Waste Recycling Plan to the City prior to the start of work. 10-3.1.1 Construction Cleaning [Add the following section]:

The Contractor shall:
(a) Initiate and maintain a daily program to prevent accumulation of debris on-site and along access roads and haul routes. Maintain areas under Contractor's control free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition. (b) Provide suitable covered containers for deposit of debris and rubbish. Dispose of accumulation of extraneous materials, prohibit overloading of trucks to prevent spillages on access and haul routes and provide daily inspection of haul routes to enforce requirements. (c) Schedule at a minimum, weekly collection and disposal of debris. Provide additional collections and disposals of debris whenever the weekly schedule is inadequate to prevent accumulation.

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The Contractor shall remove debris from closed or remote spaces prior to closing the space, and control cleaning operations to minimize dust and other particulates. Immediately remove materials which adhere to the paved surface of the parking lot. Remove by hand scraping, washing, sweeping, and/or other method(s) which will leave a clean non-skid surface without impairing, injuring or loosening the surface.

The Contractor is required to control dust throughout the life of the Contract. The control may be required by job conditions or City Engineer. In any case, the Contractor shall use water or other means to control the dust. No chemical agents may be used without written authorization from the Agency. The Contractor shall be solely responsible for safety problems, accidents or any other complications or claims arising from inadequate dust control.

No separate payment will be made for any work performed or material used to control dust resulting from the Contractor's performance of the work, or by public traffic, either inside or outside the right-of-way. Full compensation for such dust control will be considered as included in the price paid for the various items of work involved.

No separate payment will be made for any work performed or material used in cleaning the Project. Full compensation for such cleaning shall be considered as included in the price paid for the various items of work involved and no additional compensation will be allowed therefore.

No separate payment will be made for recycling construction materials in accordance with California Senate Bill 1383 or for filling out and submitting for approval by the City Engineer the Construction & Demolition Waste Reduction & Recycling Plan. 10-4 WATER POLLUTION CONTROL
10-4.1 Best Management Practices (BMPs)
Per the Federal Clean Water Act, the Contractor is required to eliminate pollution to waters of the United States in regards to this Project. This Project will require the Contractor to implement “Best Management Practices”.

The Contractor shall implement Best Management Practices that meet the intent of the NPDES requirements.

The Contractor shall utilize Best Management Practices (BMP’s) to ensure that construction materials, dust, and runoff from construction activities does not enter storm drains. Some of the primary BMPs anticipated for this Project include, but are not limited to, sweeping of the work area to the satisfaction of the Owner’s Representative.

The requirements of all of the following agencies shall be met and maintained and where there is a conflict between requirements, the most stringent requirement shall govern.

1. San Diego Regional Water Quality Control Board

2. County of Orange
10-4.1.2 Payment
Full compensation for conforming to Subsection 7-8.6, including providing all necessary Best Management Practices shall be considered as included in the Contract LUMP SUM price for the

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Project and for furnishing all labor, tools, materials, and incidentals for implementing Best Management Practices.
10-6 CONTRACTORS RESPONSIBILITIES FOR WORK
Until Acceptance of the Work, the Contractor shall have the responsibility, charge and care of the Work and of the materials to be used therein (including materials for which it has received partial payment or materials which have been furnished by the City) and shall bear the risk of injury, loss or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the Work.

The Contractor shall rebuild, repair, restore, and make good all injuries, losses, or damages to any portion of the work or the material occasioned by any cause before its completion and acceptance and shall bear the expense thereof. Where necessary to protect the work or materials from damage, the Contractor shall at his expense provide suitable drainage and erect such temporary structures as are necessary to protect the work or materials from damage. The suspension of the work from any cause whatever shall not relieve the Contractor of his responsibility for the work and materials as herein specified. If ordered by the City Engineer, the Contractor shall at his expense properly store materials which have been partially paid for by the City or which have been furnished by the City.

Such storage by the Contractor shall be on behalf of the City, the City shall at all times be entitled to the possession of such materials, and the Contractor shall promptly return the same to the site of the work when requested. The Contractor shall not dispose of any of the materials so stored, except on written authorization from the City.

In an emergency affecting the safety of life or property, including adjoining property, the Contractor, without special instructions or authorizations, is authorized to act at his discretion to prevent such threatened loss or injury, and he shall so act as though instructed to do so by the City.

1774061.2
Appendix A – Construction & Demolition Waste Reduction & Recycling Plan

WASTE PLAN 1 Project #_____________
Please complete the following form for construction and demolition materials produced as a result of work performed in the City of Laguna Hills. The City’s franchised waste hauler, CR&R, will provide assistance to applicants in developing and implementing a Waste Reduction and Recycling Plan. CR&R’s phone number is (877) 728-0446. Should you have any questions regarding this form, or the C&D Waste Recycling Program, please call the City of Laguna Hills at (949) 707-2627.

1. Project & Applicant Info.

Owner’s Name: _______________________________________ Date: _____________ Project Address: _________________________________________________________ Owner Telephone: _______________________________________________________ Contractor Name: _______________________________________________________ Contractor Contact name: _________________________________________________ Contractor Telephone: ____________________________________________________ Approximate Square Footage of Project: ______________________________________ (cubic yards for encroachment permits)
Demolition Dates: Start __________________ End ___________________ Construction Dates: Start __________________ End ___________________

2. Description of Diversion Plan
Briefly state how waste materials will be handled at your job site to ensure salvage/reuse or recycling. Also explain how you will inform your workers/sub-contractors of your Waste Reduction and Recycling Plan requirements and ensure their participation. If you plan on using CR&R to handle the hauling of your project’s C&D waste, please check the box below and skip # 4 on this form—no other description of how waste will be handled is necessary.

CR&R Bins and Roll-off boxes will be used for this project. ______________________________________________________________________ ______________________________________________________________________ ___________________________________________________________________

3. Exemption
Please fill out the section below if you believe that your project is entitled to an exemption and not required to divert or recycle C&D debris.
____________________________________________________________________________________ ______________________________________________________________________ ____________________________________________________________________

CONSTRUCTION AND DEMOLITION

WASTE REDUCTION AND

RECYCLING PLAN
**CITY USE ONLY**
Project Description: ________________________________________________________ Approximate Dollar Value of Construction / Demolition: $ __________________________

WASTE PLAN 2 Project #_____________

4. Material Handling Estimate
Please complete the worksheet on page 3 that will help identify the types of materials, estimated quantities, and how the waste material will be reduced, recycled or disposed at your project site. Estimates should be calculated in tons and use the attached Materials Conversion Worksheet for conversion factors. Fill in the estimated diversion percentage calculated in Section F on page 3 on line 4a below. 4a. Diversion Percentage Estimate form Section F. (pg. 3): ______% 4b. Is the percentage listed in 4a above greater than or equal to 65%? YES NO 4c. If NO, explain why: ___________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________

5. Verification
“To the best of my knowledge, the tonnage and diversion percentage estimates reported on this form are my best estimate of the disposition of the construction and demolition materials generated at this project site.

Print Name: ______________________________ Signature: _______________________________

Date: __________________________
**FOR CITY USE ONLY**
Plan Approval Status: Exemption Status:

Approved Exempted Approved
Further explanation needed (see attached) Exempted Denied Denied

Administration Fee Collected ($42.72)
Security Deposit Amount: $___________ Security Deposit CR#: ____________ Comments:
________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Reviewed By:______________________________ Signature: ________________________________

Date: __________________________

WASTE PLAN 3 Project #_____________
Material Handling Estimate Worksheet
Column A: List Estimated Quantities of waste for each material type (in tons). To convert yards to tons, use the attached Materials Conversion Worksheet
Columns B, C, D: List estimated quantities reused, recycled, or disposed based on Column A quantities.

Column E: State the name of all vendors or facilities used to reuse, recycle or dispose of materials listed. See example below for cases where more than one facility was used for a particular material type.

Column Totals: Add up all material quantities for each column.

Section F. Calculate the estimated diversion percentage in the section at the bottom of this worksheet and enter the percentage on page 2, line 4a, of this form.

Attach another Worksheet if more room is needed.

Materials

A B C D E
Total
Quantity
Discarded
Salvage or
Reuse
Recycling Disposal
(Landfill)
Proposed Destination(s)
Example: (Recycle) XYZ Recycling Facility
Cardboard 2 tons 1.5 0.5 (Disposal) Prima Deschecha Landfill Asphalt & Concrete
Brick/Masonry/Tile
Cardboard
Wood
Metals
Landscape Debris
(do not include dirt)
Dirt
Garbage/Trash
Other
Other
Column Totals A B C D

F. Diversion Percentage Estimate:

Column Totals B ________+ C ________ = ________ / A ________ = ______X 100% = ________% (Transfer % amount to 4a
on page 2)

Revised 3/29/2019
Construction & Demolition Waste Recycling Program
Information Sheet
The City of Laguna Hills’ Construction and Demolition (C&D) Waste Recycling Program is established per City Ordinance No. 2018-4 and Resolution No. 2018-11-13-2. The purpose of this program is to promote the recycling of C&D waste, to reduce the amount of such material that is landfilled, to protect the public health, safety, and welfare, and to assist the City in meeting State of California mandated C&D waste diversion requirements. The minimum percentage amount required to be diverted from landfills is set forth by State law and is currently 65%. Currently, applicants are required to divert 65% of the total C&D waste tonnage at a project site from landfills.

Please also note that Universal Waste items cannot be disposed in the trash. Universal Waste is hazardous waste that is widely produced by households and many different types of businesses such as televisions, computers, electronic devices, batteries, fluorescent lamp, mercury thermostats and other mercury-containing equipment. For more information about Universal Waste visit CalRecycle's website at: www.calreycle.ca.gov/HomeHazWaste/uwaste.

All projects that require a building permit or an encroachment permit and generate C&D material are required to divert this material from landfills. These projects are called Covered Projects under the City of Laguna Hills’ C&D Waste and Recycling Program.

The following types of projects are not required to divert C&D debris and are not required to submit a Waste Plan or a security deposit:
 Work for which only a plumbing, electrical, or mechanical permit is required.  Seismic tie-down projects.
 Installation of pre-fabricated patio enclosures and covers where no foundation or other structural building modifications are required.
 Installation of pre-fabricated accessories such as signs or antennas where no structural building modifications are required.
 Other work that the C&D Compliance Official determines will not produce C&D waste.  City-sponsored projects.

For each application for a building or encroachment permit for Covered Projects the following security deposits shall apply:

Security Deposit
per square foot
Minimum amount of
Security Deposit
Maximum amount
of Security Deposit
Residential projects $.30 $100 $3,750
Commercial projects $.50 $250 $7,143
1 What projects are required to divert C&D debris?
How much is the Security Deposit?
2 What projects are not required to divert C&D debris?
3

Revised 3/29/2019
Follow the steps below if your project is required to divert C&D debris:

Step 1 – Complete and submit a Waste Plan, Security Deposit, and an Administration Fee with your building or encroachment permit application. The Waste Plan indicates the estimated quantities of C&D debris generated at your project site, the estimated quantities of materials reused, recycled, and/or disposed of, and the reuse, recycling, and disposal facilities and service providers you plan to use.

Step 2 – During construction/demolition, gather data for your Recycling Summary Report. You are required to keep all weight tags, gate receipts, and/or invoices necessary to document actual quantities of materials generated, reused, recycled, and/or disposed of throughout your project, as well as facilities or service providers used.

Step 3 – Complete and submit a Construction and Demolition Waste Recycling and Disposal Report Summary (Report Summary). Unlike the Waste Plan, which is an estimate, the Report Summary documents your actual C&D Waste tonnages. You will need to attach all documentation gathered in Step 2 to the Report Summary. The Report Summary must be completed within sixty (60) days after completion of your project.

Step 4 – The City will refund your Security Deposit if you have diverted the required diversion requirement as established by the State and abided by your Waste Plan. Please note that your Security Deposit will be forfeited if the City does not receive your completed Report Summary within sixty (60) days after receiving the Building Inspector’s sign-off for the final inspection of your project. Security Deposits are also forfeited upon sixty (60) days after a permit expiration date.
 The City of Laguna Hills franchised waste hauler, CR&R, will provide assistance to applicants in developing and implementing a Waste Plan. CR&R’s phone number is (800) 826-9677.
 Should you have any questions regarding this form, or the C&D Waste Recycling Program, please call the City of Laguna Hills at (949) 707-2627. 4 What steps are involved in the Recycling Program?
5 Who can I contact for more information?

REPORT SUMMARY 1 Project # _____________
Revised 4/2/2019
Please complete the following form for construction and demolition materials produced as a result of work performed in the City of Laguna Hills. The City’s franchised waste hauler, CR&R, will provide assistance to applicants in developing and implementing a Waste Reduction and Recycling Plan. CR&R’s phone number is (877) 728-0446. Should you have any questions regarding this form, or the C&D Waste Recycling Program, please call the City of Laguna Hills at (949) 707-2670.

1. Project & Applicant Info.

Owner’s Name:________________________________________Date:_____________ Project Address:_________________________________________________________ Owner Telephone:_______________________________________________________ Contractor Name: _______________________________________________________ Contractor Contact name: _________________________________________________ Contractor Telephone: ____________________________________________________ Approximate Square Footage of Project: ______________________________________ (cubic yards for encroachment permits)
Demolition Dates: Start __________________ End ___________________ Construction Dates: Start __________________ End ___________________

2. Description of Diversion Plan
CR&R bins and/or roll-off boxes were used to handle C&D waste (Skip #3 and go to #4 on this form) If CR&R bins and/or roll-off boxes were not used to handle your project’s C&D waste, please briefly state below how waste materials were handled at your job site to ensure salvage/reuse or recycling and go to #3 on this form.
______________________________________________________________________ ______________________________________________________________________ ___________________________________________________________________

3. Material Handling Summary
Please complete the worksheet on page 3 that will help identify the types of materials, quantities, and how the waste material were reduced, recycled or disposed at your project site. For this summary report, use the actual quantities, based on weight tags, gate receipts, or other documentation. Material quantities should be calculated in tons and use the attached Materials Conversion Worksheet for conversion factors. Fill in the diversion percentage calculated in Section F on page 3 on line 3a below. 3a. Diversion Percentage Actual from Section F. on (pg. 3): ______% 3b. Is the percentage listed in 4a above greater than or equal to 65%? YES NO 3c. If NO, explain why: ___________________________________________________________________ __________________________________________________________________________________

CONSTRUCTION AND DEMOLITION

WASTE RECYCLING AND DISPOSAL

REPORT SUMMARY

REPORT SUMMARY 2 Project # _____________
Revised 4/2/2019

4. Verification
4a. Attach weight slips or other records of measurement from recycling companies that show actual tonnage of diverted materials if CR&R was not used to handle your project’s C&D waste. 4b. Attach copies of invoices from CR&R that exhibit the use of CR&R bins and/or roll-off boxes for the collection of your project’s C&D waste if CR&R was used to handle your project’s C&D waste. 4c. “To the best of my knowledge, the reported tonnage and diversion percentage are an accurate representation of the disposition of the construction and demolition materials generated and diverted from this project site. I understand the City may audit disposal and recycling documentation related to this survey.”
Print Name:______________________________ Signature: ________________________________ Date: __________________________

5. Deposit to be refunded to:

Applicant name_______________________________________________________________________ Applicant address_____________________________________________________________________ Applicant telephone____________________________________________________________________ **FOR CITY USE ONLY**
Report Summary Approval Status: Security Deposit:

Approved Full Refund
Good Faith No Refund
Further explanation needed (see attached) Partial Refund: Amount $_________ Denied
Comments:
________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Reviewed By:______________________________ Signature: ________________________________ Date: __________________________

REPORT SUMMARY 3 Project # _____________
Revised 4/2/2019
Material Handling Summary Worksheet
Column A: List Actual Quantities of waste for each material type (in tons). To convert yards to tons, use the attached Materials Conversion Worksheet
Columns B, C, D: List actual quantities reused, recycled, or disposed based on Column A quantities.

Column E: State the name of all vendors or facilities used to reuse, recycle or dispose of materials listed. See example below for cases where more than on facility was used for a particular material type.

Column Totals: Add up all material quantities for each column.

Row F. Calculate the actual diversion percentage in the section at the bottom of this worksheet and enter the percentage on page 1, line 3a, of this form.

Attach another Worksheet to this one if you need more room.

Materials

A B C D E
Total
Quantity
Discarded
Salvage or
Reuse
Recycling Disposal
(Landfill)
Proposed Destination(s)
Example: (Recycle) XYZ Recycling Facility
Cardboard 2 tons 1.5 0.5 (Disposal) Prima Deshecha Landfill Asphalt & Concrete
Brick/Masonry/Tile
Cardboard
Wood
Metals
Landscape Debris
(do not include dirt)
Dirt
Garbage/Trash
Other
Other
Column Totals A B C D
F. Diversion Estimate:

Column Totals B ________+ C ________ = ________ / A ________ = ______X 100% (Transfer % amount to 3a
on page 1)

1774061.2
Appendix B – Laguna Hills Community Center Work Areas:

Carpet Installation and Tile Cleaning

1 2
2 2
2 3
3 1
2 3
Heritage Room Carpet
See “Heritage Room New
Carpet Layout” for carpet
specifications and layout
Hallway Carpet
Style name: Tapestry tile
Style number: 5T347
Color name: heritage
Color number: 85530
Stairway Carpet
Style name: Tapestry
Broadloom
Style number: 60788
Color name: heritage
Color number: 85530

COMMUNITY CENTER CARPET COVERAGE AREAS
Tile Steam and
Grout Cleaning
Areas

TILE TILE TILE TILE TILE TILE

TILE TILE TILE TILE TILE TILE
Stage

PATTERN CARPET
Style name: tapestry tile
Style number: 5T347
Color name: heritage
Color number: 85530
Existing tile around perimeter of Heritage Room floor area

SOLID COLOR CARPET
Style name: Tru Colors Tile
Style number: 59368
Color name: taupe
Color number: 68760
Heritage Room New Carpet Layout
78'-6"
53'-0"
4'-0" (TYP.)

1774061.2
Appendix C – Carpet Installation Specifications and Product Details

CONDITION YOUR SITE AND
TEST
A proper installation depends on the proper site conditions. The following conditions must be maintained for 24 hours prior to, during and permanently after installation:

HVAC System: Must be operational maintaining the following conditions.

Temperature: The installation site, carpet and adhesive must be between 65°F and 95°F. The adhesive will not function properly when applied over an extremely cold surface. Do not begin the installation if the subfloor temperature is below 50°F.

Humidity: The installation site’s ambient relative humidity must not exceed 65%.

Moisture: Refer to adhesive manufacturer's guidelines for moisture limits for installation.
pH: Conduct pH testing on the floor in several locations. A reading below 5.0 or above 9.0 (ASTM F-710) requires corrective measures.

Do not begin the installation if an unacceptable moisture level is detected.

Contact Shaw Technical Support for additional recommendations. If excessive moisture is present, the general contractor or building owner must be advised and a decision made if the installation is to begin. Shaw Industries will not be responsible for any moisture related installation failures if these guidelines are not strictly followed.

PREPARE THE FLOOR The substrates must be structurally sound, clean, level and dry. The substrate must be free of dust, dirt, oil, grease, paint, curing agents, concrete sealers, loosely bonded toppings, loose particles and any other substance or condition that may prevent or reduce adhesion.

Fill depressions or cracks with a cementitious patching/leveling compound that meet or exceed Shaw Industries maximum moisture level and pH requirements.

Use of gypsum-based patching and/or leveling compounds which contain Portland or high alumina cement and meet or exceed the compressive strength Installation
Commercial Broadloom Products (Except EcoWorx Broadloom) Notice: For best results review the following guidelines prior to installation. Shaw will not be responsible for improper installation and failure to follow these guidelines may result in limiting warranty coverage. Inspect the carpet before it is installed. Contact your Sales Representative or the Financial Services Department if a visible manufacturing defect exists. If such a defect is installed, Shaw is not liable for the installation.

These installation procedures are intended to assist in the indoor installation of Shaw broadloom products under most job conditions. See Shaw Industries and CRI 104 Commercial Installation Guidelines for specific questions regarding installation not covered within or refer to Shaw Technical Support at 1.800.471.7429. Any variance from these procedures will become the responsibility of the installer and not the manufacturer. 230 Douthit Ferry Road | Cartersville GA 30120 | USA | 1 800.257.7429 | shawcontract.com 1 For reference purposes only if printed or downloaded. Page 188 of 706 of 3,000 psi are acceptable. You may use wax-based (green) sweeping compounds if you sweep and remove them immediately.

For cracks or saw cuts deeper than 1", follow the preparation and application instructions for QuikFill. QuikFill is a 2-part urethane treatment that prevents future damage from moisture penetrating to the surface of the slab that may damage or breakdown adhesives or unapproved patching compounds.

NOTE: Do not sand or scrape Vinyl Asbestos Tile (VAT) without proper attention to abatement procedures and precautions in accordance with all state and local codes. Shaw Industries makes no claims as to the acceptability of this procedure as a mitigation method in lieu of asbestos removal and accepts no responsibility if any loose asbestos-containing floorings are affected upon removal of a Shaw Industries product.

CAUTION: Do not allow cutback asphaltic adhesive or any other non-approved adhesive to come into contact with new adhesives. Installation failure could result. If this situation arises, contact Shaw Technical Support.

Dusting/Powdering/Porous Concrete/Lightweight Concrete: Prime with a latex primer such as 9050.

Patch/Leveler: Prime with a latex primer such as 9050.

VCT and VAT: All tiles must be secure to the subfloor. Strip any wax from the surface.

Wood Subfloors: Floors must be Wood Association Approved and primed with a latex primer such as 9050.

PREPARE THE EXISTING

ADHESIVE
Pre-existing adhesive ridges must be reduced to a smooth, level, well-bonded residue.

If you are unsure of the type of preexisting adhesive or active cutback adhesive, use an encapsulation product such as 9000.

For multi-purpose adhesive, after reduction of ridges, thoroughly sweep and vacuum any remaining debris.

For pressure sensitive adhesive, after reduction of ridges, eliminate the adhesive tack with a product such as 6200.

Do not use adhesive removers; they affect the bond and the new adhesive being applied.

SELECT YOUR ADHESIVE Use a multi-purpose adhesive such as 1000 Broadloom.

For excessive moisture, use 1000 Broadloom (10 lbs/95% RH) 3800 Indoor Outdoor (12 lbs/99% RH)
For older slabs or slabs with a prior history of moisture related issues, Shaw Technical Support recommends moisture mitigation in the form of a 2-part Installation
230 Douthit Ferry Road | Cartersville GA 30120 | USA | 1 800.257.7429 | shawcontract.com 2 For reference purposes only if printed or downloaded. Page 189 of 706 epoxy system, such as MoistureTEK.

For newer slabs with an intact moisture retarder, initial moisture levels should recede over time.

Apply the adhesive with a 1/8" X 1/8" X 1/8" "U" notch trowel that will give a spread rate of 8 to 10 square yards per gallon or 32 to 40 square yards per 4-gallon pail (based on prime subfloor conditions). On extremely porous or rough floors with residual multi-purpose adhesive, more adhesive will be needed. Spread rate should never exceed 40 square yards per 4 gallons or an installation failure may occur. This indicates a worn or improperly notched trowel. Coverages shown are for estimating purposes only. Actual jobsite coverage may vary according to skill of the installer, porosity/texture of the subfloor or type/angle of trowel used.

The adhesive must have adequate open time to become very tacky prior to installation. The open time will vary depending on temperature and humidity at the job site. The adhesive is ready for carpet installation when the entire ridge of glue becomes tacky. Check by firmly placing a finger into the adhesive and lifting slowly. The glue should have legs or strings and not be wet at the floor surface to ensure a full transfer of adhesive. Fans or air movers will reduce required open time. Inadequate adhesive application will result in bubbles and/or peaked seams and repair will require more time and effort than proper initial installation.

LAY OUT YOUR JOB Dry lay the entire area to be carpeted. Prior to cutting any textured, graphic product, implement roll sequencing. This will minimize the normal variations encountered when pattern matching and any bow, skew or pattern elongation between the rolls. Sequence numbers are provided on the bill of lading and invoice; they are located after the dye lot number. If this information is not available, the date and time is backstamped (in military time) on the carpet to assist in sequencing.

CUT AND SEAM Trim the seam edges with tools and techniques best suited for carpet. Trim edges far enough into the material, normally about 8 to 10 rows, to maintain the structural integrity of the carpet. The cutting technique for this backing system is row cut both edges. (Exception – Unitary-backed products are cut using the row cut/trace cut method.) Broadloom products containing a white marker yarn on one side of the salvage approximately 1” from the salvage edge should be removed first. The opposite side should then be cut in order to achieve proper pattern match. Correct pattern matching, gaps and overlaid areas with use of a knee kicker, power stretcher, mini stretcher, stay nails or deadman.A “deadman” is constructed by nailing tack strip completely on one side of a 2”x12”x 4’ long piece of lumber.

Installation
230 Douthit Ferry Road | Cartersville GA 30120 | USA | 1 800.257.7429 | shawcontract.com 3 For reference purposes only if printed or downloaded. Page 190 of 706 Patterned carpets must be cut by the row cut/row cut method and dry laid to ensure pattern match; also check for side match and any visual defects. Use a screwdriver or row runner to separate rows of yarn and cut with a cushion back or loop pile cutter. After the adhesive has become tacky, place the first breadth into the adhesive and apply seam sealer, following with the second breadth pattern matching if necessary. Use a power stretcher, mini stretcher, stay nails or deadman to obtain proper match. Remove stay nails after the adhesive sets up approximately 12 to 24 hours after installation.

Cross seams can be made the same as side seams if the rows can be run across the width. If not, straight edge from the face on the side with the pile lay toward the seam. Run the cushion back cutter along the straight edge with the blade retracted to achievebetter seam quality. This will preserve more yarn by pushing it out of the way. This cut edge is then used as a guide to trace cut the second side of the seam.

SEAL THE SEAMS All commercial broadloom products require the use of a latex seam sealer such as 4000. Seam sealer must be applied to the edges trimmed for seaming, and cover the thickness of both the primary and secondary backing without contaminating the face yarn.

CAUTION: Seam edges must be sealed to prevent edge ravel, tuft loss, and delamination of the secondary backing in the seamed area.

ROLL YOUR CARPET Roll the carpet in both directions with a 75 to 100 lb. roller to assure transfer of the adhesive between floor and carpet backing.

PROTECT TRANSITIONS Where carpet meets other floor coverings, the edges must be adequately protected with an appropriate transition molding or strip that covers the carpet edge at least ½”.

POST INSTALLATION CARE

AND PROTECTION
Place plywood over the carpet when heavy objects are moved.

Use protective chair mats under chairs with casters. This will prevent excessive wear to the face of the carpet.

Place a non-staining building material paper over the carpet to protect it when additional construction activity is to take place. Do not use plastic sheeting as it will trap moisture.

Installation
Bow Skew and Pattern Elongation: See the following additional information and instructional video demonstrating how to adjust patterned carpet on our website.

Bow and Skew / Pattern Run Off Bowed carpet would be defined carpet where the pattern in the middle of the carpet is ahead or behind the pattern on the sides. Skewed carpet would be defined as carpet where the 230 Douthit Ferry Road | Cartersville GA 30120 | USA | 1 800.257.7429 | shawcontract.com 4 For reference purposes only if printed or downloaded. Page 191 of 706 Installation
pattern on one side of the carpet is ahead of the pattern on the opposite side. Tolerances for bow and skewed carpet is 1 ½”for all commercial carpet widths.

Pattern run-off tolerances are a maximum of 1" in the last 18" on side. Even with these tight tolerances, seams may be visible and, if installed in a room in which the walls are not square, the carpet pattern may appear to run off rather than run parallel with the wall or adjacent seam. Installers who are experienced in working with patterned carpet products may be able to improve the product’s seam appearance. In order to maximize seam appearance, additional installation time will be necessary.

Pattern Distortion / Edge Deviation Linear pattern distortion / edge deviation, as illustrated below, is created when the pattern is contorted down the length of the carpet. The distortion could resemble a wiggle down the length of the carpet that may appear to move back and forth down the length of the carpet. This phenomenon typically occurs in products with a definite line running down the length of the carpet. Likewise, certain pattern and color combinations increase the potential for linear pattern distortion.

The normal tolerance is 1 ½” for all commercial carpet widths. If installed in a room in which the walls are not square, the carpet pattern may appear to run off rather than run parallel with the wall or adjacent seam.

Installers who are experienced in working with patterned carpet products may be able to improve the product’s seam appearance. In order to maximize seam appearance, additional installation time will be necessary The performance capabilities of the product will not be affected. These products are constructed to perform in commercial areas and are covered by all Shaw Industries’ standard warranties (copies available upon request). Reference CQ-0002 – 2.8.2 (01022018)
230 Douthit Ferry Road | Cartersville GA 30120 | USA | 1 800.257.7429 | shawcontract.com 5 For reference purposes only if printed or downloaded. Page 192 of 706Revision: 04092024

CONDITION YOUR SITE AND
TEST
HVAC System: Must be operational, maintaining the following conditions 24 hours prior to, during and after installation.

Temperature: The installation site, carpet and adhesive must be between 50 o F and 95o F. Adhesives will not function properly when exposed to temperatures outside this range. Do not begin the installation if the subfloor temperature is below 50
o F.

Humidity: The installation site’s ambient relative humidity must not fall below 40%.

Moisture Testing: Conduct subfloor moisture testing in accordance to the ASTM F-2170 (in-situ Relative Humidity) and/or ASTM F-1869 (Anhydrous Calcium Chloride).
pH / Alkalinity: Conduct ASTM F-3441 pH/Alkalinity testing.

SUBFLOOR TESTING

GUIDELINES
Shaw recommends moisture testing prior to starting the installation.

If excessive moisture is present, the general contractor or building owner must be advised of the readings, and a decision made regarding how to address the moisture or continue the installation.

The following chart breaks down the carpet backing system, grade of installation, the required subfloor testing requirements and the recommended adhesive for each:

Carpet Tile
Backing
Installation
Area
Testing
Requirements
Adhesive
Recommendations
EcoWorx ES Below/Ongrade/AboveMoisture and
pH
ES (mill applied)
StrataWorx Below/Ongrade/AboveMoisture and
pH
LokDots,LokWorx
Tabs,3000,5000,4151
EcoWorx Below/OngradeMoisture and
pH
LokWorx
Tabs,3000,5000,4151
Installation

CARPET TILE
For best results review the product and product specific guidelines prior to indoor installation. Shaw will not be responsible for improper installation and installation of visual manufacturing defected tiles. Failure to follow guidelines may result in limiting warranty coverage. Contact Shaw Technical Support at 800.471.7429 for additional information.
230 Douthit Ferry Road | Cartersville GA 30120 | USA | 1 800.257.7429 | shawcontract.com 1 For reference purposes only if printed or downloaded. Page 193 of 706 EcoWorx Above Grade No Testing
Required
LokDots,3000,5000,4151
EcoLogix Above Grade No Testing
Required
3000,5000,4151,ES (mill
applied)
EcoWorx On or Below
Grade *
No Testing
Required
LokDots *
EcoLogix On or Below
Grade *
No Testing
Required
4151*, ES (mill applied)
* LokDots and 4151 are moisture resistant products; however, they do not eliminate moisture.

SURFACE PREPARATION Substrate must be structurally sound, clean, level and dry.

Substrate must be free of dust, dirt, oil, grease, paint, curing agents, concrete sealers, adhesives, loosely bonded toppings, loose particles and any other substance or condition that may prevent or reduce adhesion.

Fill depressions or cracks with a cementitious patching / leveling compound that meet or exceed Shaw Industries maximum moisture level and pH requirements. Use of gypsum-based patching and/or leveling compounds which contain Portland or high alumina cement and meet or exceed the compressive strength of 3,000 psi are acceptable.

For cracks or saw cuts deeper than 1", follow the preparation and application instructions for Shaw QuikFill. QuikFill is a 2-part urethane treatment that prevents future damage from moisture penetrating to the surface of the slab that may damage or breakdown adhesives or unapproved patching compounds.

For chemically abated substrates, ensure the proper cleaning methods have been taken to remove any residual abatement chemicals.

Green sweeping compounds can be used but must be swept and removed immediately.

For dusting / powdering / porous concrete / lightweight concrete prime with a latex primer such as 9050.

For patches / levelers prime with a latex primer such as 9050.

If installed over existing resilient flooring (one layer only), all tiles must be secure to the subfloor. Strip any wax from the surface.

Wood Subfloors must be Wood Association Approved and primed with a latex primer such as 9050.

Installation
230 Douthit Ferry Road | Cartersville GA 30120 | USA | 1 800.257.7429 | shawcontract.com 2 For reference purposes only if printed or downloaded. Page 194 of 706 Raised Access Flooring panels must be smooth, level, secure and free of any material that will affect the adhesive bond. Carpet tiles must be installed offset from access panel seams. Gaps between panels must not exceed 1/16” or (1.6mm).

Note: Do not sand or scrape Vinyl Asbestos tile (VAT) without proper attention to abatement procedures or precautions in accordance with all state and local codes. Shaw Industries makes no claims as to the acceptability of this procedure as a mitigation method in lieu of asbestos removal; and accepts no responsibility if any loose asbestos containing flooring are affected upon removal of a Shaw Industries commercial tile.

Caution: Do not allow cutback asphaltic adhesive or any other non-approved adhesive to come in contact with new adhesives. An installation failure could result. If this situation arises, contact Shaw Technical Support.

PREPARE EXISTING

ADHESIVE
Remove existing adhesives to prevent adhesive incompatability /reactions and bonding issues.When installing Ecologix backed tiles, removal of existing adhesive is not necessary as long as the existing adhesive is dry and tacky.

The top ridges of existing adhesive should be flattened so the existing adhesive does not interfere with adhesion of new adhesive and Ecologix backing. Existing ridges should be no higher than 1/32".

Cutback Adhesive: Wet scrape the adhesive, reduce to a well bonded residue and encapsulate with a product such as MRP.

Do not use adhesive removers, they will adversely affect the new adhesive and product installed.

LAY OUT YOUR SITE Start the carpet tile installation as near to the center of the room as possible and position it to use the largest perimeter cut tile.

Snap a chalk line parallel to one major wall bisecting the starting point. It may be necessary to offset the center chalk line to assure that the perimeter tile will be a least half the size.

Snap a second chalk line from the starting point at a 90 o to the first line. Use
a 3-4-5 or 6-8-10 triangle or larger on the room size to verify squareness.

Meters or feet may be used to lay out the triangle in these proportions.

APPLY ADHESIVE Use a full spread adhesive application.

A premium pressure sensitive adhesive is recommended or 4151.

Use a 3/8” nap paint roller or a 1/16” x 1/32” x 5/64” U-notch trowel. When using a 1/16” x 1/32” x 5/64” U-notch trowel to install StrataWorx products, this application method will Increase the overall bond strength and reduce the ease of removing and replacing tiles.

Allow the adhesive to dry completed before installing the carpet tile.

Installing into wet adhesive will result in a permanent bond.

Installation
230 Douthit Ferry Road | Cartersville GA 30120 | USA | 1 800.257.7429 | shawcontract.com 3 For reference purposes only if printed or downloaded. Page 195 of 706 Adhesive CaCl Limit RH Limits pH Limits
4151 10 lbs. 99% 11
3000 10 lbs. 95% 11
5000 15 lbs. 97% 11
LokDots* N/A N/A N/A
LokWorx Tabs* 5 lbs. 85% 12
EcoLogix ES (mill applied) 10 lbs. 99% 12
EcoWorx ES (mill applied) 5 lbs. 85% 9
* LokDots is not a moisture remediation solution. If visible moisture is present or there are known moisture issues such as hydrostatic pressure, additional steps should be taken to address the moisture issues. For older slabs or slabs with a prior history of moisture related issues, Shaw Technical Support recommends moisture mitigation in the form of a 2-part epoxy system, such as MoistureTEK. For newer slabs with an intact moisture retarder, initial moisture levels should recede over time.
* LokWorx Tabs conduct Relative Humidity and pH testing. In addition, concrete substrate moisture must be tested by the current version of ASTM F1869 anhydrous calcium chloride test. For concrete with a prior history of uncorrected moisture conditions or problems involving higher moisture levels, treat the concrete with a moisture mitigation product, prior to adhesive application.

INSTALLATION Install each full carton and complete an entire pallet before starting another pallet to minimize product variation. All Shaw carpet tiles have directional arrows on the back of the carpet tile to help facilitate the installation method for that product. The numbers within the arrows are for manufacturing purposes only and are not related to the installation.

Begin the installation at the intersection of the two chalk lines. Continue until you complete one quadrant.

Proceed to adjoining quadrants until all four quadrants have been completed. Large areas may require additional chalk lines bisecting the original four quadrants.

Install the carpet tile using the pyramid technique. This will provide alignment checks during the installation. If the edges do not align and misalignment is noted, stop the installation and determine where the misalignment started and correct.

Installation
230 Douthit Ferry Road | Cartersville GA 30120 | USA | 1 800.257.7429 | shawcontract.com 4 For reference purposes only if printed or downloaded. Page 196 of 706 Slide carpet tile into positions to prevent yarn from being trapped at the seams. Trapped yarn can adversely affect the appearance of the installation.

EcoWorx ES and EcoLogix ES are manufactured with mill applied adhesive. For these products, remove the release liner to expose the adhesive and install the carpet tile.

Tiles must fit snugly, but not be compressed. Press the entire surface of the tile to ensure adhesion.

After installation, roll the entire installation with a 75 lb or greater roller to assure proper adhesion to the substrate.

Flatwire cables should be installed on top of the adhesive and centered underneath the carpet tile for better seam quality.

Edge Trimming
Measure and cut tile from the back using a straight edge. Ensure directional arrows are properly aligned with the installation.

Or allow tile to cove up the wall and cut the carpet tile with a carpet knife, wall trimmer or similar too.

Do not compress.

POST INSTALLATION CARE

AND PROTECTION
Place plywood over the carpet when heavy objects are moved.

Use protective chair mats under chairs and castors. This will prevent excessive wear to the face of the carpet and possible transfer of the pressure sensitive adhesive to the back of the carpet.

Non-staining building material paper can be placed of the carpet tile to protect it if additional building construction activity is taking place.

Do not use plastic sheeting. This will trap moisture.

For best results, temperatures should remain above 50F and ambient humidity should not fall below 40%.

Installation
230 Douthit Ferry Road | Cartersville GA 30120 | USA | 1 800.257.7429 | shawcontract.com 5 For reference purposes only if printed or downloaded. Page 197 of 706 9 X 36 & 12 X 48 TILE INSTALLATION METHODS
ashlar stagger
herringbone
monolithic
brick
Installation
230 Douthit Ferry Road | Cartersville GA 30120 | USA | 1 800.257.7429 | shawcontract.com 6 For reference purposes only if printed or downloaded. Page 198 of 706 18 X 36 TILE INSTALLATION METHODS
ashlar     basketweave          boxed in
brick half basketweave      herringbone
monolithic              stagger
Installation
230 Douthit Ferry Road | Cartersville GA 30120 | USA | 1 800.257.7429 | shawcontract.com 7 For reference purposes only if printed or downloaded. Page 199 of 706 24 X 24 TILE INSTALLATION METHODS
ashlar brick
monolithic quarter turn
random
Installation
230 Douthit Ferry Road | Cartersville GA 30120 | USA | 1 800.257.7429 | shawcontract.com 8 For reference purposes only if printed or downloaded. Page 200 of 706

HEXAGON INSTALLATION METHODS
Begin the installation by following Shaw's Hexagon Installation Guidelines diagonal monolithic
random

INSIDE SHAPES INSTALLATION
Begin the installation by following Shaw's Inside Shapes Guidelines Installation
230 Douthit Ferry Road | Cartersville GA 30120 | USA | 1 800.257.7429 | shawcontract.com 9 For reference purposes only if printed or downloaded. Page 201 of 706Revision: 02222024 Tapestry
Recommended Installation Method
Warranties
Diversity, Equity & Inclusion
We believe all humans are equal. Individually and collectively, we need to proactively create and promote opportunities that give everybody an equal footing in life. We nurture an environment where every voice and perspective can be heard, and proactively promote accessibility and inclusivity inside our network and beyond. One proof point is our ability to meet the criteria of the Social Fairness pillar of the Cradle to Cradle Product Standard. At Shaw Industries, we promote supplier participation that is reflective of Shaw’s diverse customer base and local community. More than 42% of our spend***** is with small and diverse businesses. We believe having a strong Supplier Diversity Program is strategic for bringing more innovation to our businesses and openingnew markets for growth.

Product Type Broadloom
Collection Gather
Style Number 60788
Construction Multi-Level Pattern Cut/Loop
Fiber Ecosolution Q® Nylon
Dye Method 100% Solution Dyed
Primary Backing Synthetic
Secondary Backing Ultraloc®
Protective Treatments SSP® Shaw Soil Protection
Recommended
Adhesive
H1000, H1200 or H3800
u.s. metric
Product Size 12 ft 3.66 m
Gauge 1/10 in 39.4 per 10 cm
Stitches 9.5 per in 38.5 per 10 cm
Average Density 10800 oz/yd³ 0.4 g/cm³
Kilotex 9.05
Total Thickness 0.306 in 7.77 mm
Tufted Weight 30 oz/yd² 1017.2 g/m²
Installation Pattern
Repeat
144 in x 109 in 3.66 m x 2.76 m
Direct Glue, Double Glue, Stretch-In
Performance + Testing
Test Reports may be included or listed by the manufacturing/inventory style number as opposed to the noted selling style number.

Pill Test Pass
Radiant Panel Class I
NBS Smoke Less Than 450
Electrostatic Propensity Less Than 3.5 kv
CRI Green Label Plus (GLP) GLP2271
ADA Compliance >0.6, meets the recommended static coefficient of friction for ADA walking surfaces and accessible routes***
Lifetime Commercial Limited Warranty
Corporate Headquarters +1 800 257 7429 | +1 706 532 7984 | Atlanta +1 404 853 7429 | Bengaluru +91 80 6773 0202 | Beijing +86 10 6568 588 | Chicago +1 312 467 1331 | Dubai +971 4 584 6956 | Hong Kong +852 2623 0371 | Latin America (Miami) +1 305 827 5912 | London +44 207 961 4120 | Los Angeles +1 800 233 1614 | Melbourne +61 3 9939 8543 | Mexico City +55 5010 7600 | Mumbai +91 22 6284 5050 | Nantong +86 400 800 7429 | New York +1 212 953 7429 | Paris +33 (0) 1 81 22 44 39 | San Francisco +1 415 955 1920 | Santiago +562 2431 5000 x 550 | São Paulo +55 11 3071 1702 | Shanghai +86 21 3338 4000 | Singapore +65 6733 1811 | Sydney +1 800 556 302
© 2024 Shaw Industries Group, Inc., a Berkshire Hathaway Company July 17, 2024
1 of 3
For reference purposes only if printed or downloaded.

Tapestry
Coordinating Products
Material Health & Environmental Certifications
Health & Wellbeing
Climate Impact
WELL V2 Contribution Credit
Leed v4 Contribution Credits
Carpet Tile: Linen Tile, Ikat Tile, Tapestry Tile, Batik Tile Broadloom: Batik, Ikat Ultraloc®, Linen
Material Ingredient Transparency Cradle to Cradle Certified® | Silver Level (Version 3.1) NSF 140 | Gold
Indoor Air Quality CRI Green Label Plus (GLP) | GLP2271 Environmental Product Declaration (EPD) 3rd Party Certified in Accordance with ISO14044, ISO14025 & EN15804 Total Recycled Content <1% (Pre-Consumer <1% | Post-Consumer 0%) Product Packaging 100% Recyclable
Global Product Assessment CE Marking (EN 14041) | 3rd Party Certified Environmental Guarantee* | Re[turn] Reclamation Program* | Pickup & Delivery Available
Country of Origin** | USA
X08 Hazardous Material Reduction
Part 1: Limit Hazardous Materials Optimization
C2C Silver Level (Version 3.1)
X10 Volatile Compound Reduction
Part 1 (A): Manage Volatile Organic Compounds (VOCs) Optimization C2C Silver Level (Version 3.1)
X11 Long Term Emissions Control
Part 2: Flooring Optimization
Green Label Plus Certification GLP2271
X13 Enhanced Material Precaution
Part 1: Select Optimized Materials Optimization
C2C Silver Level (Version 3.1)
X14 Material Transparency
Part 1: Promote Ingredient Disclosure Optimization
C2C Silver Level (Version 3.1)
MR Credit: Building Product Disclosure and Optimization Environmental Product Declarations - Option 1: Environmental Product Declaration (EPD)
3rd Party Certified in Accordance with ISO14044, ISO14025 & EN15804 MR Credit: Building Product Disclosure and Optimization Material Ingredients - Option 1: Material Ingredient Reporting C2C Silver Level (Version 3.1)
MR Credit: Building Product Disclosure and Optimization Material Ingredients - Option 2: Material Ingredient Optimization C2C Silver Level (Version 3.1)
EQ Credit: Low Emitting Materials
Option 1: Product Category Calculations
Green Label Plus Certification: GLP2271
Corporate Headquarters +1 800 257 7429 | +1 706 532 7984 | Atlanta +1 404 853 7429 | Bengaluru +91 80 6773 0202 | Beijing +86 10 6568 588 | Chicago +1 312 467 1331 | Dubai +971 4 584 6956 | Hong Kong +852 2623 0371 | Latin America (Miami) +1 305 827 5912 | London +44 207 961 4120 | Los Angeles +1 800 233 1614 | Melbourne +61 3 9939 8543 | Mexico City +55 5010 7600 | Mumbai +91 22 6284 5050 | Nantong +86 400 800 7429 | New York +1 212 953 7429 | Paris +33 (0) 1 81 22 44 39 | San Francisco +1 415 955 1920 | Santiago +562 2431 5000 x 550 | São Paulo +55 11 3071 1702 | Shanghai +86 21 3338 4000 | Singapore +65 6733 1811 | Sydney +1 800 556 302
© 2024 Shaw Industries Group, Inc., a Berkshire Hathaway Company July 17, 2024
2 of 3
For reference purposes only if printed or downloaded.

Tapestry
Available Colorways
Recollect 85215
LRV 21.4
Novelty 85327
LRV 23.6
Timeless 85402
LRV 19.8
Classic 85496
LRV 20.1
Heritage 85530
LRV 18.3
Nostalgic 85665
LRV 16.5
Additional Information
* To learn more about the recyclability of our products and our Environmental Guarantee, please visit shawcontract.com/sustainability. **Meets or exceeds all local and national regulations in country of manufacture. (Manufactured in an ISO 9001 & ISO 14001 certified facility or equivalent)
***This carpet is manufactured to be ADA compliant, but to be fully ADA compliant, the end-user must ensure the carpet is adhered to the floor and installed as outlined in the ADA standards.

Installation Guidelines
Maintenance Guidelines
Specifications are subject to nominal manufacturing variance. Material supply and/or manufacturing processes may necessitate changes without notice.

This product is an exclusive design and may not be duplicated in any manner. Use of this design in the creation of another product design is also strictly prohibited.

Visit shawcontract.com/testing for more information.

Corporate Headquarters +1 800 257 7429 | +1 706 532 7984 | Atlanta +1 404 853 7429 | Bengaluru +91 80 6773 0202 | Beijing +86 10 6568 588 | Chicago +1 312 467 1331 | Dubai +971 4 584 6956 | Hong Kong +852 2623 0371 | Latin America (Miami) +1 305 827 5912 | London +44 207 961 4120 | Los Angeles +1 800 233 1614 | Melbourne +61 3 9939 8543 | Mexico City +55 5010 7600 | Mumbai +91 22 6284 5050 | Nantong +86 400 800 7429 | New York +1 212 953 7429 | Paris +33 (0) 1 81 22 44 39 | San Francisco +1 415 955 1920 | Santiago +562 2431 5000 x 550 | São Paulo +55 11 3071 1702 | Shanghai +86 21 3338 4000 | Singapore +65 6733 1811 | Sydney +1 800 556 302
© 2024 Shaw Industries Group, Inc., a Berkshire Hathaway Company July 17, 2024
3 of 3
For reference purposes only if printed or downloaded. Page 204 of 706 Tapestry Tile
Recommended Installation Method
Ashlar Brick Herringbone Monolithic Stagger Basketweave Half Basketweave Boxed In Warranties
Product Type Carpet Tile
Collection Gather
Style Number 5T347
Construction Multi-Level Pattern Cut/Loop
Fiber Ecosolution Q100™ Nylon
Dye Method 100% Solution Dyed
Primary Backing Synthetic
Secondary Backing Ecoworx® Tile
Protective Treatments SSP® Shaw Soil Protection
Recommended
Adhesive
LokDots, 3000 Carpet Tile 1 Gallon, 4151 MultiUse Carpet Tile 4 Gallon, 5000 Carpet Tile 1 Gallon, LokWorx Adhesive Tabs, 3800 Indoor
Outdoor Carpet Tile 4 Gallon, 5000 Carpet Tile 4
Gallon or 3000 Carpet Tile 4 Gallon
u.s. metric
Product Size 18 in x 36 in 46 cm x 91 cm
Area per Carton 45 ft² 4.18 m²
Pieces per Carton 10 pcs
Gauge 1/10 in 39.4 per 10 cm
Stitches 9.0 per in 36.5 per 10 cm
Average Density 7200 oz/yd³ 0.266 g/cm³
Total Thickness 0.315 in 8 mm
Tufted Weight 30 oz/yd² 1017.2 g/m²
Performance + Testing
Test Reports may be included or listed by the manufacturing/inventory style number as opposed to the noted selling style number.

Radiant Panel Class I
NBS Smoke Less Than 450
Electrostatic Propensity Less Than 3.5 kv
CRI Green Label Plus (GLP) GLP9968
Pill Test Pass*
ADA Compliance >0.6, meets the recommended static coefficient of friction for ADA walking surfaces and accessible routes***
Lifetime Commercial Limited Warranty
Corporate Headquarters +1 800 257 7429 | +1 706 532 7984 | Atlanta +1 404 853 7429 | Bengaluru +91 80 6773 0202 | Beijing +86 10 6568 588 | Chicago +1 312 467 1331 | Dubai +971 4 584 6956 | Hong Kong +852 2623 0371 | Latin America (Miami) +1 305 827 5912 | London +44 207 961 4120 | Los Angeles +1 800 233 1614 | Melbourne +61 3 9939 8543 | Mexico City +55 5010 7600 | Mumbai +91 22 6284 5050 | Nantong +86 400 800 7429 | New York +1 212 953 7429 | Paris +33 (0) 1 81 22 44 39 | San Francisco +1 415 955 1920 | Santiago +562 2431 5000 x 550 | São Paulo +55 11 3071 1702 | Shanghai +86 21 3338 4000 | Singapore +65 6733 1811 | Sydney +1 800 556 302
© 2024 Shaw Industries Group, Inc., a Berkshire Hathaway Company July 17, 2024
1 of 3
For reference purposes only if printed or downloaded.

Tapestry Tile
Coordinating Products
Diversity, Equity & Inclusion
We believe all humans are equal. Individually and collectively, we need to proactively create and promote opportunities that give everybody an equal footing in life. We nurture an environment where every voice and perspective can be heard, and proactively promote accessibility and inclusivity inside our network and beyond. One proof point is our ability to meet the criteria of the Social Fairness pillar of the Cradle to Cradle Product Standard. At Shaw Industries, we promote supplier participation that is reflective of Shaw’s diverse customer base and local community. More than 42% of our spend***** is with small and diverse businesses. We believe having a strong Supplier Diversity Program is strategic for bringing more innovation to our businesses and openingnew markets for growth.

Material Health & Environmental Certifications
Certifications below apply exclusively to the carpet tile rug itself and not the LokWorx Tabs adhesive Health & Wellbeing
Climate Impact
WELL V2 Contribution Credit
Carpet Tile: Linen Tile, Ikat Tile, Batik Tile
Broadloom: Batik, Ikat Ultraloc®, Linen, Tapestry
Material Ingredient Transparency Cradle to Cradle Certified® | Silver Level (Version 4.0) Health Product Declaration (HPD) | 1,000 ppm Disclosure Living Building Challenge (LBC) | Free of Red List Chemicals Declare | LBC Compliant
NSF 140 | Gold
Indoor Air Quality CRI Green Label Plus (GLP) | GLP9968 Environmental Product Declaration (EPD) 3rd Party Certified in Accordance with ISO14044, ISO14025 & EN15804 Embodied Carbon (Cradle to Gate) 5.35 kg CO₂/m²
Life-Cycle Carbon Emissions Carbon Neutral
Total Recycled Content 64% (Pre-Consumer 64% | Post-Consumer 0%) Product Packaging 100% Recyclable
Global Product Assessment Singapore Green Label | Certified CE Marking (EN 14041) | 3rd Party Certified
Environmental Guarantee* | Re[turn] Reclamation Program* | Through Our Environmental Guarantee, Shaw Pledges to Transport And Recycle Any Ecoworx Carpet.

Country of Origin** | USA
X08 Hazardous Material Reduction
Part 1: Limit Hazardous Materials Optimization
C2C Silver Level (Version 4.0)
X10 Volatile Compound Reduction
Part 1 (A): Manage Volatile Organic Compounds (VOCs) Optimization C2C Silver Level (Version 4.0)
X11 Long Term Emissions Control
Part 2: Flooring Optimization
Green Label Plus Certification: GLP9968
X13 Enhanced Material Precaution
Part 1: Select Optimized Materials Optimization
C2C Silver Level (Version 4.0)
X14 Material Transparency
Part 1: Promote Ingredient Disclosure Optimization
C2C Silver Level (Version 4.0)
Corporate Headquarters +1 800 257 7429 | +1 706 532 7984 | Atlanta +1 404 853 7429 | Bengaluru +91 80 6773 0202 | Beijing +86 10 6568 588 | Chicago +1 312 467 1331 | Dubai +971 4 584 6956 | Hong Kong +852 2623 0371 | Latin America (Miami) +1 305 827 5912 | London +44 207 961 4120 | Los Angeles +1 800 233 1614 | Melbourne +61 3 9939 8543 | Mexico City +55 5010 7600 | Mumbai +91 22 6284 5050 | Nantong +86 400 800 7429 | New York +1 212 953 7429 | Paris +33 (0) 1 81 22 44 39 | San Francisco +1 415 955 1920 | Santiago +562 2431 5000 x 550 | São Paulo +55 11 3071 1702 | Shanghai +86 21 3338 4000 | Singapore +65 6733 1811 | Sydney +1 800 556 302
© 2024 Shaw Industries Group, Inc., a Berkshire Hathaway Company July 17, 2024
2 of 3
For reference purposes only if printed or downloaded.

Tapestry Tile
Leed v4 Contribution Credits
Available Colorways
Recollect 85215
LRV 24.4
Novelty 85327
LRV 21.2
Timeless 85402
LRV 24.6
Classic 85496
LRV 23.6
Heritage 85530
LRV 15.4
Nostalgic 85665
LRV 14.7
Additional Information
* To learn more about the recyclability of our products and our re[TURN], please visit shawcontract.com/sustainability. **Meets or exceeds all local and national regulations in country of manufacture. ***This carpet is manufactured to be ADA compliant, but to be fully ADA compliant, the end-user must ensure the carpet is adhered to the floor and installed as outlined in the ADA standards.

MR Credit: Building Product Disclosure and Optimization Environmental Product Declarations - Option 1: Environmental Product Declaration (EPD)
3rd Party Certified in Accordance with ISO14044, ISO14025 & EN15804 MR Credit: Building Product Disclosure and Optimization Material Ingredients - Option 1: Material Ingredient Reporting C2C Silver Level (Version 4.0) or HPD (Version 2.1)
MR Credit: Building Product Disclosure and Optimization Material Ingredients - Option 2: Material Ingredient Optimization C2C Silver Level (Version 4.0)
MR Credit: Building Product Disclosure and Optimization Sourcing of Raw Materials - Option 2: Leadership Extraction Practices Environmental Guarantee: Re[turn] Reclamation Program* | Through Our Environmental Guarantee, Shaw Pledges to Transport And Recycle Any Ecoworx Carpet.

EQ Credit: Low Emitting Materials
Option 1: Product Category Calculations
Green Label Plus Certification: GLP9968
MR Credit: Interiors Life-Cycle Impact Reduction
Option 3: Design for Flexibility
Ecoworx Tile with Lokdots Installation System
Installation Guidelines
Maintenance Guidelines
Specifications are subject to nominal manufacturing variance. Material supply and/or manufacturing processes may necessitate changes without notice.

This product is an exclusive design and may not be duplicated in any manner. Use of this design in the creation of another product design is also strictly prohibited.

Visit shawcontract.com/testing for more information.

Corporate Headquarters +1 800 257 7429 | +1 706 532 7984 | Atlanta +1 404 853 7429 | Bengaluru +91 80 6773 0202 | Beijing +86 10 6568 588 | Chicago +1 312 467 1331 | Dubai +971 4 584 6956 | Hong Kong +852 2623 0371 | Latin America (Miami) +1 305 827 5912 | London +44 207 961 4120 | Los Angeles +1 800 233 1614 | Melbourne +61 3 9939 8543 | Mexico City +55 5010 7600 | Mumbai +91 22 6284 5050 | Nantong +86 400 800 7429 | New York +1 212 953 7429 | Paris +33 (0) 1 81 22 44 39 | San Francisco +1 415 955 1920 | Santiago +562 2431 5000 x 550 | São Paulo +55 11 3071 1702 | Shanghai +86 21 3338 4000 | Singapore +65 6733 1811 | Sydney +1 800 556 302
© 2024 Shaw Industries Group, Inc., a Berkshire Hathaway Company July 17, 2024
3 of 3
For reference purposes only if printed or downloaded.

Tru Colours Tile
Recommended Installation Method
Quarter Turn
Product should be installed in a 1/4 turn installation. Approved for all field applications, boarders, and inserts may be installed monolithically.

Warranties
Product Type Carpet Tile
Style Number 59368
Construction Level Loop
Fiber Ecosolution Q100™ Nylon
Dye Method 100% Solution Dyed
Primary Backing Synthetic
Secondary Backing Ecoworx® Tile
Protective Treatments SSP® Shaw Soil Protection
Recommended
Adhesive
LokDots, 3000 Carpet Tile 1 Gallon, 4151 MultiUse Carpet Tile 4 Gallon, 5000 Carpet Tile 1 Gallon, LokWorx Adhesive Tabs, 3800 Indoor
Outdoor Carpet Tile 4 Gallon, 5000 Carpet Tile 4
Gallon or 3000 Carpet Tile 4 Gallon
u.s. metric
Product Size 24 in x 24 in 61 cm x 61 cm
Area per Carton 48 ft² 4.46 m²
Pieces per Carton 12 pcs
Gauge 1/10 in 39.4 per 10 cm
Stitches 11.5 per in 45.0 per 10 cm
Average Density 11613 oz/yd³ 0.43 g/cm³
Kilotex 16.04
Total Thickness 0.263 in 6.68 mm
Tufted Weight 30 oz/yd² 1017.2 g/m²
Performance + Testing
Test Reports may be included or listed by the manufacturing/inventory style number as opposed to the noted selling style number.

Radiant Panel Class I
NBS Smoke Less Than 450
Electrostatic Propensity Less Than 3.5 kv
CRI Green Label Plus (GLP) GLP9968
Pill Test Pass*
ADA Compliance >0.6, meets the recommended static coefficient of friction for ADA walking surfaces and accessible routes***
Lifetime Commercial Limited Warranty
Corporate Headquarters +1 800 257 7429 | +1 706 532 7984 | Atlanta +1 404 853 7429 | Bengaluru +91 80 6773 0202 | Beijing +86 10 6568 588 | Chicago +1 312 467 1331 | Dubai +971 4 584 6956 | Hong Kong +852 2623 0371 | Latin America (Miami) +1 305 827 5912 | London +44 207 961 4120 | Los Angeles +1 800 233 1614 | Melbourne +61 3 9939 8543 | Mexico City +55 5010 7600 | Mumbai +91 22 6284 5050 | Nantong +86 400 800 7429 | New York +1 212 953 7429 | Paris +33 (0) 1 81 22 44 39 | San Francisco +1 415 955 1920 | Santiago +562 2431 5000 x 550 | São Paulo +55 11 3071 1702 | Shanghai +86 21 3338 4000 | Singapore +65 6733 1811 | Sydney +1 800 556 302
© 2024 Shaw Industries Group, Inc., a Berkshire Hathaway Company July 17, 2024
1 of 5
For reference purposes only if printed or downloaded.

Tru Colours Tile
Diversity, Equity & Inclusion
We believe all humans are equal. Individually and collectively, we need to proactively create and promote opportunities that give everybody an equal footing in life. We nurture an environment where every voice and perspective can be heard, and proactively promote accessibility and inclusivity inside our network and beyond. One proof point is our ability to meet the criteria of the Social Fairness pillar of the Cradle to Cradle Product Standard. At Shaw Industries, we promote supplier participation that is reflective of Shaw’s diverse customer base and local community. More than 42% of our spend***** is with small and diverse businesses. We believe having a strong Supplier Diversity Program is strategic for bringing more innovation to our businesses and openingnew markets for growth.

Material Health & Environmental Certifications
Certifications below apply exclusively to the carpet tile rug itself and not the LokWorx Tabs adhesive Health & Wellbeing
Climate Impact
WELL V2 Contribution Credit
Material Ingredient Transparency Cradle to Cradle Certified® | Silver Level (Version 4.0) Health Product Declaration (HPD) | 1,000 ppm Disclosure Living Building Challenge (LBC) | Free of Red List Chemicals Declare | LBC Compliant
NSF 140 | Gold
Indoor Air Quality CRI Green Label Plus (GLP) | GLP9968 Environmental Product Declaration (EPD) 3rd Party Certified in Accordance with ISO14044, ISO14025 & EN15804 Embodied Carbon (Cradle to Gate) 5.35 kg CO₂/m²
Life-Cycle Carbon Emissions Carbon Neutral
Total Recycled Content 64% (Pre-Consumer 64% | Post-Consumer 0%) Product Packaging 100% Recyclable
Global Product Assessment Singapore Green Label | Certified GSA | Approved
CE Marking (EN 14041) | 3rd Party Certified
Environmental Guarantee* | Re[turn] Reclamation Program* | Through Our Environmental Guarantee, Shaw Pledges to Transport And Recycle Any Ecoworx Carpet.

Country of Origin** | USA
X08 Hazardous Material Reduction
Part 1: Limit Hazardous Materials Optimization
C2C Silver Level (Version 4.0)
X10 Volatile Compound Reduction
Part 1 (A): Manage Volatile Organic Compounds (VOCs) Optimization C2C Silver Level (Version 4.0)
X11 Long Term Emissions Control
Part 2: Flooring Optimization
Green Label Plus Certification: GLP9968
X13 Enhanced Material Precaution
Part 1: Select Optimized Materials Optimization
C2C Silver Level (Version 4.0)
X14 Material Transparency
Part 1: Promote Ingredient Disclosure Optimization
C2C Silver Level (Version 4.0)
Corporate Headquarters +1 800 257 7429 | +1 706 532 7984 | Atlanta +1 404 853 7429 | Bengaluru +91 80 6773 0202 | Beijing +86 10 6568 588 | Chicago +1 312 467 1331 | Dubai +971 4 584 6956 | Hong Kong +852 2623 0371 | Latin America (Miami) +1 305 827 5912 | London +44 207 961 4120 | Los Angeles +1 800 233 1614 | Melbourne +61 3 9939 8543 | Mexico City +55 5010 7600 | Mumbai +91 22 6284 5050 | Nantong +86 400 800 7429 | New York +1 212 953 7429 | Paris +33 (0) 1 81 22 44 39 | San Francisco +1 415 955 1920 | Santiago +562 2431 5000 x 550 | São Paulo +55 11 3071 1702 | Shanghai +86 21 3338 4000 | Singapore +65 6733 1811 | Sydney +1 800 556 302
© 2024 Shaw Industries Group, Inc., a Berkshire Hathaway Company July 17, 2024
2 of 5
For reference purposes only if printed or downloaded.

Tru Colours Tile
Leed v4 Contribution Credits
Available Colorways
Pecan 68101 Gilded 68103 Light Taupe 68104 Cornsilk 68111 Flax 68122 Tumbleweed 68145 Tobacco 68150 Mineralite 68155 Autumn Gold 68171 Citrus 68201 Ochre 68210 Glaze 68255 Herbal 68302 Timber 68309 Foliage 68310 Russian Sky 68314 Patina 68315 Eucalyptus 68320 Dark Green 68321 Brite Green 68325 Sage 68327 Glass 68330 Ivy 68335 Green 68350 MR Credit: Building Product Disclosure and Optimization Environmental Product Declarations - Option 1: Environmental Product Declaration (EPD)
3rd Party Certified in Accordance with ISO14044, ISO14025 & EN15804 MR Credit: Building Product Disclosure and Optimization Material Ingredients - Option 1: Material Ingredient Reporting C2C Silver Level (Version 4.0) or HPD (Version 2.1)
MR Credit: Building Product Disclosure and Optimization Material Ingredients - Option 2: Material Ingredient Optimization C2C Silver Level (Version 4.0)
MR Credit: Building Product Disclosure and Optimization Sourcing of Raw Materials - Option 2: Leadership Extraction Practices Environmental Guarantee: Re[turn] Reclamation Program* | Through Our Environmental Guarantee, Shaw Pledges to Transport And Recycle Any Ecoworx Carpet.

EQ Credit: Low Emitting Materials
Option 1: Product Category Calculations
Green Label Plus Certification: GLP9968
MR Credit: Interiors Life-Cycle Impact Reduction
Option 3: Design for Flexibility
Ecoworx Tile with Lokdots Installation System
Corporate Headquarters +1 800 257 7429 | +1 706 532 7984 | Atlanta +1 404 853 7429 | Bengaluru +91 80 6773 0202 | Beijing +86 10 6568 588 | Chicago +1 312 467 1331 | Dubai +971 4 584 6956 | Hong Kong +852 2623 0371 | Latin America (Miami) +1 305 827 5912 | London +44 207 961 4120 | Los Angeles +1 800 233 1614 | Melbourne +61 3 9939 8543 | Mexico City +55 5010 7600 | Mumbai +91 22 6284 5050 | Nantong +86 400 800 7429 | New York +1 212 953 7429 | Paris +33 (0) 1 81 22 44 39 | San Francisco +1 415 955 1920 | Santiago +562 2431 5000 x 550 | São Paulo +55 11 3071 1702 | Shanghai +86 21 3338 4000 | Singapore +65 6733 1811 | Sydney +1 800 556 302
© 2024 Shaw Industries Group, Inc., a Berkshire Hathaway Company July 17, 2024
3 of 5
For reference purposes only if printed or downloaded.

Tru Colours Tile
Cactus 68370 Envy 68375 Bluestone 68400 Ink 68401 Sky 68402 Saxony Blue 68405 Blue 68407 Electric 68408 Blue Green 68412 Marina 68415 Nordic 68447 Slate 68481 Deep Navy 68485 Ebony 68500 Black 68505 Sterling 68518 Grey Metal 68530 Lichen 68544 Fescue 68545 Aloe 68546 Lava 68549 Dolphin 68557 Flannel 68595 Russet 68665 Paprika 68668 Orange 68675 Chocolate 68713 Brasserie 68725 Suede 68740 Coffee 68750 Taupe 68760 Portabella 68761 Crimson 68802 Mahogany 68804 Henna 68850 Regal Red 68851 Corporate Headquarters +1 800 257 7429 | +1 706 532 7984 | Atlanta +1 404 853 7429 | Bengaluru +91 80 6773 0202 | Beijing +86 10 6568 588 | Chicago +1 312 467 1331 | Dubai +971 4 584 6956 | Hong Kong +852 2623 0371 | Latin America (Miami) +1 305 827 5912 | London +44 207 961 4120 | Los Angeles +1 800 233 1614 | Melbourne +61 3 9939 8543 | Mexico City +55 5010 7600 | Mumbai +91 22 6284 5050 | Nantong +86 400 800 7429 | New York +1 212 953 7429 | Paris +33 (0) 1 81 22 44 39 | San Francisco +1 415 955 1920 | Santiago +562 2431 5000 x 550 | São Paulo +55 11 3071 1702 | Shanghai +86 21 3338 4000 | Singapore +65 6733 1811 | Sydney +1 800 556 302
© 2024 Shaw Industries Group, Inc., a Berkshire Hathaway Company July 17, 2024
4 of 5
For reference purposes only if printed or downloaded.

Tru Colours Tile
Clear Red 68855 Sundried 68870 Calypso 68890 Purple 68901 Plumberry 68965 Purple Heart 68979 Eggplant 68990
Additional Information
* To learn more about the recyclability of our products and our re[TURN], please visit shawcontract.com/sustainability. **Meets or exceeds all local and national regulations in country of manufacture. ***This carpet is manufactured to be ADA compliant, but to be fully ADA compliant, the end-user must ensure the carpet is adhered to the floor and installed as outlined in the ADA standards.

Installation Guidelines
Maintenance Guidelines
Specifications are subject to nominal manufacturing variance. Material supply and/or manufacturing processes may necessitate changes without notice.

This product is an exclusive design and may not be duplicated in any manner. Use of this design in the creation of another product design is also strictly prohibited.

Visit shawcontract.com/testing for more information.

Corporate Headquarters +1 800 257 7429 | +1 706 532 7984 | Atlanta +1 404 853 7429 | Bengaluru +91 80 6773 0202 | Beijing +86 10 6568 588 | Chicago +1 312 467 1331 | Dubai +971 4 584 6956 | Hong Kong +852 2623 0371 | Latin America (Miami) +1 305 827 5912 | London +44 207 961 4120 | Los Angeles +1 800 233 1614 | Melbourne +61 3 9939 8543 | Mexico City +55 5010 7600 | Mumbai +91 22 6284 5050 | Nantong +86 400 800 7429 | New York +1 212 953 7429 | Paris +33 (0) 1 81 22 44 39 | San Francisco +1 415 955 1920 | Santiago +562 2431 5000 x 550 | São Paulo +55 11 3071 1702 | Shanghai +86 21 3338 4000 | Singapore +65 6733 1811 | Sydney +1 800 556 302
© 2024 Shaw Industries Group, Inc., a Berkshire Hathaway Company July 17, 2024
5 of 5
For reference purposes only if printed or downloaded.

Item No. 4.9
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: September 10, 2024
To: Mayor and Council Members
From: Jarad Hildenbrand, City Manager
Issue: Response to the June 20, 2024, Orange County Grand Jury Report Entitled “EBikes Friend or Foe.” Recommendation: That the City Council 1) Approve the attached response to the Orange County Grand Jury's report; 2) Authorize the Mayor to sign the response letter; and 3) Direct the City Manager to submit the response.

Analysis:

The report entitled "E-Bikes Friend or Foe", is a 2023-2024 Orange County Grand Jury investigation into the rise of electric bicycles (E-bikes) and their impact on safety, regulation, and education in Orange County. The report highlights several key issues regarding E-bikes:

Summary: E-bikes have become a popular and cost-effective alternative to traditional commuting options. However, they pose safety risks due to higher speeds, frequent accidents, and regulatory inconsistencies between cities. The Grand Jury stresses the need for uniform ordinances across Orange County.

Key Issues: The report identifies several concerns with E-bike usage, including riding on sidewalks, speeding, collisions with pedestrians and vehicles, and unauthorized modifications to increase speed. It notes that many cities in Orange County lack clear ordinances or policies to address these concerns.

Grand Jury Findings:
• Most cities in Orange County do not have ordinances regulating E-bike use, leading to confusion.

Item No. 4.9
• There is a lack of consistent tracking of E-bike-related injuries and accidents. • Training and education on E-bike safety vary greatly from city to city.

Grand Jury Recommendations:
• Cities should create specific policies for E-bike use by December 2024. • Cities need mechanisms to report E-bike accidents and injuries. • Outreach and education programs for safe E-bike use should be developed.

In compliance with California Penal Code §933.05 (a) and (b), the City is required to provide a response to each of the Grand Jury findings and recommendations directed to the City by September 18, 2024. The Grand Jury Report contains three (3) findings and three (3) recommendations requiring a response by the City. The proposed City responses are included as Attachment 2 to this report for City Council consideration with a recommendation for approval.

Fiscal Impact:

There are no fiscal impacts with approval and submittal of the City's response to the Grand Jury report.

Attachments:

1. Grand Jury Report

2. City Response to Grand Jury Report

E-bikes Friend or Foe
2023-2024 Orange County Grand Jury Page ii
Table of Contents
SUMMARY...................................................................................................................... 1 BACKGROUND.............................................................................................................. 1 REASON FOR THE STUDY........................................................................................... 3 METHOD OF STUDY...................................................................................................... 3 INVESTIGATION AND ANALYSIS................................................................................. 4 Orange County Transportation Authority................................................................ 4 Orange County Sheriff’s Department....................................................................... 4 Cities Survey .............................................................................................................. 4 COMMENDATIONS...................................................................................................... 12 FINDINGS..................................................................................................................... 12 RECOMMENDATIONS................................................................................................. 13 RESPONSES................................................................................................................ 13 REQUIRED RESPONSES......................................................................................... 14 REFERENCES.............................................................................................................. 18 GLOSSARY.................................................................................................................. 20 APPENDICES............................................................................................................... 21 APPENDIX 1.............................................................................................................. 21 Current County of Orange E-Bike Laws - Unincorporated Areas .................... 21 APPENDIX 2.............................................................................................................. 22 California Vehicle Code Section 312.5 as of December 23, 2023 ..................... 22 APPENDIX 3.............................................................................................................. 23 California Assembly Bills..................................................................................... 23 APPENDIX 4.............................................................................................................. 24 County of Orange Ordinance No. 18-002............................................................ 24

E-bikes Friend or Foe
2023-2024 Orange County Grand Jury Page 1

SUMMARY
The use of electric bicycles (E-bikes) has increased as our communities look to new and novel ways to commute and to reduce our reliance on automobiles. E-bikes are a cost-effective alternative. However, they bring higher risks of accidents and injuries when compared to conventional bicycles. The public deserves education and safety regulations to mitigate this concern.

The 2023-2024 Orange County Grand Jury (OCGJ) investigation into E-bike regulation, education, and safety focused on what, if any, pertinent regulations have been adopted by Orange County cities. The OCGJ investigation revealed that outside of the California Vehicle Code, the 34 cities, 13 of which are contract cities with the Orange County Sheriff’s Department (OCSD), vary significantly in their regulation, safety (accidents, fatalities, etc.), enforcement, and education on E-bikes. The Orange County Transportation Authority (OCTA) oversees E-bike safety, education, and public outreach for all unincorporated areas. OCTA holds quarterly meetings with all 34 cities in the county to discuss transportation issues including E-bike regulation, safety, education, and enforcement.

There is an urgent need to have consistent ordinances for the regulation and enforcement of safe E-bike use in all cities, school districts, parks, and unincorporated areas. Currently, there are significant differences in policy across cities. The recent surge in E-bike usage calls for immediate action to strengthen city oversight of this issue. This report will highlight the differences between cities’ approaches and make recommendations to attain realistic and practical policies for their respective jurisdictions.

BACKGROUND
The modern E-bike was introduced in the 1990s as a pedal assist bike with a batterypowered motor. The OCGJ focused on the 3 classes of E-bikes (see table below).

In most cases, it is hard to tell the difference between a Class 1, 2, or 3 E-bike, as there may be no apparent distinction to the naked eye. It is important that Orange County residents understand the different classes of E-bikes, how fast they can go, and any applicable restrictions or regulations that govern their use. This is particularly pertinent as automobile and bus commuters must now share the road with E-bike riders.

E-bikes Friend or Foe
2023-2024 Orange County Grand Jury Page 2
The ease of use, relatively low price, and convenience of E-bikes have led to their proliferation throughout Orange County. It is estimated that the sales of E-bikes rose by 145% during 2020-to-2021 (World Economic Forum March 12, 2021).

However, along with the proliferation of E-bikes have come inevitable issues regarding their use, including:
• riding on sidewalks
• riding against traffic
• speeding
• bike vs pedestrian collisions
• bike vs motorized vehicle conflicts
• the ability to make unauthorized modifications to the electric motors which allows the E-bikes to exceed their maximum intended speed
There are also issues regarding E-bike rider injuries in accidents, which can be more serious than injuries of riders in bicycle accidents (US Consumer Product Safety Commission October 17, 2023). According to the OCGJ survey sent to city mayors, many do not track or have awareness of the incidence and prevalence of E-bike injuries and fatalities in their respective cities.

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The OCGJ sent a survey to all Orange County cities to learn each city’s policies, availability of safety education, and enforcement of E-bikes. The responses from the cities that answered indicate a wide variety of differences - with some cities having robust training, enforcement measures, and methods of socializing E-bike use in their communities.

The OCGJ recognizes that there cannot be a “one size fits all” approach to the regulation of E-bikes, as all cities in Orange County are unique and have different needs. For example, a large beachside city will have its own unique policies as compared to smaller inland cities. The rapidly expanding use of E-bikes compels cities to ensure a safe environment for riders of E-bikes and all citizens of Orange County.

REASON FOR THE STUDY
As E-bike sales have increased by almost 145% worldwide (World Economic Forum Mar. 12, 2021) over the past 2 years, the regulation of their use does not seem to have kept up. Accidents and incidents with E-bikes are on the rise, as are complaints from citizens of Orange County about E-bike riders (Voice of OC Sept. 2023). Accordingly, the OCGJ determined that an investigation into E-bikes was needed to bring public awareness to the safe use of E-bikes and the importance of having city-relevant “rules of the road” in place.

This report seeks to press Orange County cities to actively seek common-sense rules for E-bikes to ensure their safe operation among conventional bicycles, pedestrians, and vehicles.

METHOD OF STUDY
Information from this investigation was collected and verified through multiple sources and statements made during interviews and includes extensive research of current online and print articles regarding E-bikes in Orange County. The OCGJ conducted the following activities:
• In-person interviews of representatives from:
o A major retail bike shop that sells both E-bikes and standard bicycles o The Orange County Transportation Authority
o The Orange County Sheriff’s Department
o The Central Newport Beach Community Association
• In-person attendance and online viewing of several city council meetings • In-person attendance at a training session hosted by a local city • Review of proposed State legislation that failed, passed, or is in committee

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• Direct observance of E-bike riders, where they are riding, use of protective gear, passengers, dangerous maneuvers, etc.
• An online survey was distributed to the mayors of 34 cities in Orange County.

Unincorporated areas/divisions were not included in this survey. Mayors and/or representatives from 22 cities responded to this survey

INVESTIGATION AND ANALYSIS
Through interviews and surveys, the OCGJ determined that there is wide variation of rules on E-bikes and limited information regarding the reporting of E-bike incidents, accidents, injuries, and basic rules of the road for E-bikes.

Several news outlets (newspapers, magazines, television, online forums) have published stories about E-bikes. While many acknowledge the benefits of E-bikes, they also detail significant issues for cities to address.

Speeding, unsafe, or reckless operation, riders under 18 years of age not wearing helmets and toddlers riding on the back or front without proper child safety seats present common E-bike regulation and enforcement challenges for law enforcement.

Orange County Transportation Authority
OCTA has published on their website a comprehensive list of regulations listed by city regarding bicycles and E-bikes. As with the OCGJ survey, there are several different rules for E-bike riders dependent on what city they are riding in due to the differences in cities such as availability of bike lanes and the speed at which E-bikes are permitted to travel.

Orange County Sheriff’s Department
OCSD enforces the California Vehicle Code (CVC) Section 312.5 regarding electric bicycles. In addition, the Sheriff’s Department works closely with OCTA to provide E-bike outreach and education to the residents of Orange County. The OCSD Training Bulletin 23-01, issued January 4, 2023, provides the current E-bike enforcement criteria for Sheriff’s Deputies.

Cities Survey
OCGJ sent a list of survey questions to all city mayors in Orange County regarding policies in their cities with respect to E-bikes. Of the 34 surveys sent, 22 were completed and returned to the Grand Jury. A sampling of the survey results follows:

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• Do you track injuries/deaths from E-bike accidents, injuries, fatalities? Tracking of E-bike injuries, deaths, property damage and battery fires, 11 of the 22 cities answered that they tracked these items on E-bikes.

The entity responsible for tracking these items varied within each city among law enforcement organizations, city government offices, and local hospitals. There is no standard way to compile and publish accident/incident information on E-bikes.

To properly track trends in E-bike operation, a robust incident and accident tracking mechanism must be in place. Items that need to be tracked include but are not limited to class of E-bike involved, estimated speed of the E-bike, direction of travel, age of the rider, whether helmets were used, and any injuries sustained. In the process of accident reporting, most police agencies do not distinguish whether the bicycle involved was a conventional bike or an E-bike.
• In your city, who, if anyone, is authorized to enforce infractions? Please select all that apply:

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Of the 22 cities that completed the survey, 100% indicated that some form of law enforcement was the agency authorized to enforce/cite infractions for E-bike riders.

Police Departments, OCSD, or Park Rangers were the organizations authorized for E-bike enforcement.
• In your city, are E-bikes allowed:
10 cities indicated that E-bikes were authorized on sidewalks, 4 cities answered unknown, and the remaining cities answered that E-bikes were prohibited from sidewalks.
21 cities indicated that E-bikes were authorized in bike lanes with one city responding as unknown.
13 cities indicated that E-bikes are allowed on park trails, 5 cities indicated that E-bikes were prohibited from using park trails, and 4 cities indicated that park trail policy for E-bikes was unknown.
16 cities indicated that E-bikes were authorized in vehicle lanes and 6 cities answered unknown.
5 cities answered no, 8 cities answered unknown, and 9 cities indicated that E-bikes were allowed on highways.

Riding on sidewalks was found to be a contentious issue. One city cited California Assembly Bill 825 (which would have barred local agencies from prohibiting bike use on sidewalks but has since been vetoed) as a reason not to prohibit E-bikes on sidewalks.

When there is no defined bike lane, E-bike riders will ride on sidewalks as a matter of safety. E-bikes, depending on the class, can go up to 28 miles per hour, which is typically faster than a conventional bicycle and much faster than a walking pedestrian.

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Although most current laws give the bicyclist and pedestrians the right of way, the reaction time for an E-bike rider going over 10 miles per hour on the sidewalk generally does not give the rider adequate opportunity to avoid pedestrians walking on the sidewalk or cars coming out of driveways.
• Does your city have posted speed limits for E-bikes?
100% of the cities that answered the OCGJ survey indicated that they do not post speed limits for E-bikes. No reasons were cited as to why they are not posted for E-bikes even though their top speed can be as high as 28 miles per hour or faster if the rider disables speed restrictive devices thus allowing the E-bike to almost double its speed.

There are obvious issues involving where to place speed limit signs for E-bikes. They are allowed to travel in bike lanes, on sidewalks, and in some jurisdictions even allowed to ride in opposition to traffic.
• In your city, are E-bikes expected to travel in the same direction or opposite direction from street traffic?

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Some cities have authorized E-bikes to ride against the flow of traffic. As stated in the OCTA website (in a section entitled “Wrong Way Riding”), riding against traffic is inherently dangerous due to:
➢ Oncoming cars approach at a much higher speed
➢ Drivers cannot see E-bike riders when turning left
➢ E-bike rider is unable to make right turns
➢ Traffic signals cannot be seen
• Is safety training offered by the city for E-bike riders? Safety education and/or training for E-bike riders is available only sporadically and is, in most cases, optional. As noted in the survey, only 8 cities indicated that safety training was offered. The Orange County Register published a story (OC Register Jan 3, 2024) about a San Juan Capistrano resident who has taken on educating new E-bike riders as a result of her son being injured on an E-bike. An OCGJ visit to a local retailer of E-bikes found there was no formal training for E-bike purchasers or riders, and the only information to purchasers of E-bikes was a pamphlet. The Huntington Beach Police Department has a safety class every other month which focuses on E-bike safety.

OCTA holds safety “bike rodeos” for E-bike riders. These are a few examples of the education available for E-bike riders, but none is mandatory prior to purchasing or riding an E-bike. Therefore, grass-roots efforts are another important step in promoting education and safety.

The OCGJ interviewed a member of the Central Newport Beach Community Association as to their concerns about education, safety, and enforcement regarding E-bikes. The Association has been active in monitoring E-bike use, specifically on the Balboa peninsula. Its focus has been on a perceived lack of enforcement of existing ordinances and the CVC on streets and the beach boardwalk. Along with education and safety training, the Association prefers active enforcement using radar guns, tickets, and increased law enforcement presence.

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• Do the schools/school districts in your city offer safety information and/or certification for student E-bike users on campus?
There are 28 school districts spread across the 34 cities of Orange County. Cities were asked whether schools in their jurisdictions offer safety information to student E-bike riders. Of the 22 cities that responded to the survey, 7 answered yes and 2 answered no. The concerning number that leaps to the eye is that 13 survey respondents stated that they were unaware of their school district’s participation in E-bike regulation. At the time of this report, the 5 districts (per district website) that currently require safety training and registration are:
➢ Capistrano Unified
➢ Los Alamitos Unified
➢ Huntington Beach Union
➢ Irvine Unified
➢ Ocean View
• Are there any other persons/groups that might be able to provide meaningful or relevant information regarding E-bikes to the Grand Jury? At least 6 cities referred this question to the OCSD. 6 others referred this question to their own police department. Interestingly, at least 6 suggested that their jurisdictional park rangers (if these are in place in their city) would be able to answer the question.

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• Is there outreach by the city being conducted to inform your community of any regulations and safety training?
Of the 34 cities in Orange County, 22 responded to this question: 10 cities said “yes,” 10 cities said “no,” and 2 cities indicated “unknown.”
An example of outreach is the City of Irvine’s Police Department. The outreach has several elements which includes High Visibility Enforcement (HVE) operations to issue administrative citations to juveniles violating vehicle codes on E-bikes. It also hosts E-bike safety courses, E-bike rodeos, and community presentations on E-bike safety.

There are also plans for Public Safety in collaboration with the Irvine Unified School District to implement a parking permit program which will require students riding E-bikes to school to attend workshops on E-bike safety before being issued a parking permit to park their E-bike on campus.
• Does your city regulate the use of E-bikes?

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There were 15 cities who responded that they do not regulate E-bikes or their usage.

The OCGJ felt that this statistic, on its own, warranted further investigation and, possibly, further action by such cities.

GENERAL COMMENTS FROM SURVEY RESPONDENTS
“I personally promote safe e-bike texts on local Facebook groups... about 16,000 members. I promote e-bike safety every council meeting.” “State and local legislation is lagging far behind e-bike technology and there is a lot of confusion amongst e-bike users and police regarding what is lawful and what is unlawful when it comes to e-bikes.”
“Thank you for looking into this. I am a relatively new mayor and although I consider eBikes an issue, we have so many other issues that are taking priority. I would like to see e-Bikes banned from all trails that were previously used for bicycles and pedestrians only. They function more like scooters than bicycles.”
“E-bikes and bike safety, in general, are very big topics in the community right now and our Police Department is currently doing A LOT to address these items. Besides conducting weekly High Visibility Enforcement (HVE) operations, IPD’s traffic staff oftentimes issue administrative citations to juveniles who commit vehicle code violations on their bicycles, including E-bikes and E-scooters. In fact, approximately 50% of our administrative citations are issued to E-bike and E-scooter operators. Rather than paying a fine similar to conventional traffic citations, our administrative citations require the juvenile to attend a 2-hour long bike safety course with a parent or guardian on the weekend at City Hall.”

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“Our city will soon be meeting with reps from OCSD in reference to providing additional educational tools for e-bike riders. I have made contact with our local elected officials in reference to securing funds for e-bike enforcement and education.” “The issue with E-bike safety is an active project in our traffic safety unit. Currently we are looking at any municipal codes which will assist with safety for e-bike riders and motorists.”

COMMENDATIONS
The following agencies contributed to the OCGJ’s investigation into the use of E-bikes in Orange County:
• Orange County Transportation Authority has taken a leadership role in outreach and education to all 34 Orange County cities
• Orange County Sheriff’s Department has been very proactive in keeping up with the everchanging rules of the road for E-bikes
• Central Newport Beach Community Association provided important data and various studies on E-bike usage in Newport Beach

FINDINGS
In accordance with California Penal Code Sections 933 and 933.05, the 2023-2024 Grand Jury requires (or, as noted requests) responses from each agency affected by the findings presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court. Based on its investigation titled “E-bikes- Friend or Foe,” the 2023-2024 Orange County Grand Jury has arrived at three principal findings, as follows:

F1. The majority of Orange County’s 34 cities do not have ordinances or policies in place, which makes it difficult to address the safe operation and regulation of E-bikes leading to confusion.

F2. Due to the increasing incidence of E-bike injuries and deaths, there is a need for consistent and accurate tracking by law enforcement and first responders, which does not exist now.

F3. Training and education on E-bike use and safety varies from city to city causing confusion amongst bike riders.

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RECOMMENDATIONS
In accordance with California Penal Code Sections 933 and 933.05, the 2023-2024 Grand Jury requires responses from each agency affected by the recommendations presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court.

Based on its investigation described herein, the 2023-2024 Orange County Grand Jury makes the following recommendations:

R1. Each Orange County city should have specific policies that define the rules of the road for use of E-bikes in their communities by December 1, 2024.

R2. Each Orange County city should have a mechanism in place to report accidents, injuries and deaths involving E-bikes by December 1, 2024.

R3. Each Orange County city should research and develop outreach and education programs regarding the safe operation of E-bikes for their residents by December 1, 2024.

RESPONSES
California Penal Code Section 933 requires the governing body of any public agency which the Grand Jury has reviewed, and about which it has issued a final report, to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the governing body. Such comment shall be made no later than 90 days after the Grand Jury publishes its report (filed with the Clerk of the Court). Additionally, in the case of a report containing findings and recommendations pertaining to a department or agency headed by an elected County official shall comment on the findings and recommendations pertaining to the matters under that elected official’s control within 60 days to the Presiding Judge with an information copy sent to the Board of Supervisors.

Furthermore, California Penal Code Section 933.05 specifies the manner in which such comment(s) are to be made as follows:
(a) As to each Grand Jury finding, the responding person or entity shall indicate one of the following:
(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefore.

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(b) As to each Grand Jury recommendation, the responding person or entity shall report one of the following actions:
(1) The recommendation has been implemented, with a summary regarding the implemented action.
(2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the Grand Jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation, therefore.
(c) If a finding or recommendation of the Grand Jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the Board of Supervisors shall respond if requested by the Grand Jury, but the response of the Board of Supervisors shall address only those budgetary or personnel matters over which it has some decision-making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department.

REQUIRED RESPONSES
Comments to the Presiding Judge of the Superior Court in compliance with Penal Code Section 933.05 are required from:

Findings – 90 Day Response Required
City Councils of:

Aliso Viejo F1, F2, F3
Anaheim F1, F2, F3
Brea F1, F2, F3

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Buena Park F1, F2, F3
Costa Mesa F1, F2, F3
Cypress F1, F2, F3
Dana Point F1, F2, F3
Fountain Valley F1, F2, F3
Fullerton F1, F2, F3
Garden Grove F1, F2, F3
Huntington Beach F1, F2, F3
Irvine F1, F2, F3
La Habra F1, F2, F3
La Palma F1, F2, F3
Laguna Beach F1, F2, F3
Laguna Hills F1, F2, F3
Laguna Niguel F1, F2, F3
Laguna Woods F1, F2, F3
Lake Forest F1, F2, F3
Los Alamitos F1, F2, F3
Mission Viejo F1, F2, F3
Newport Beach F1, F2, F3
Orange F1, F2, F3
Placentia F1, F2, F3
Rancho Santa Margarita F1, F2, F3
San Clemente F1, F2, F3

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San Juan Capistrano F1, F2, F3
Santa Ana F1, F2, F3
Seal Beach F1, F2, F3
Stanton F1, F2, F3
Tustin F1, F2, F3
Villa Park F1, F2, F3
Westminster F1, F2, F3
Yorba Linda F1, F2, F3
Recommendations – 90 Day Response Required
City Councils of:

Aliso Viejo R1, R2, R3
Anaheim R1, R2, R3
Brea R1, R2, R3
Buena Park R1, R2, R3
Costa Mesa R1, R2, R3
Cypress R1, R2, R3
Dana Point R1, R2, R3
Fountain Valley R1, R2, R3
Fullerton R1, R2, R3
Garden Grove R1, R2, R3
Huntington Beach R1, R2, R3
Irvine R1, R2, R3
La Habra R1, R2, R3

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La Palma R1, R2, R3
Laguna Beach R1, R2, R3
Laguna Hills R1, R2, R3
Laguna Niguel R1, R2, R3
Laguna Woods R1, R2, R3
Lake Forest R1, R2, R3
Los Alamitos R1, R2, R3
Mission Viejo R1, R2, R3
Newport Beach R1, R2, R3
Orange R1, R2, R3
Placentia R1, R2, R3
Rancho Santa Margarita R1, R2, R3
San Clemente R1, R2, R3
San Juan Capistrano R1, R2, R3
Santa Ana R1, R2, R3
Seal Beach R1, R2, R3
Stanton R1, R2, R3
Tustin R1, R2, R3
Villa Park R1, R2, R3
Westminster R1, R2, R3
Yorba Linda R1, R2, R3

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REFERENCES
2 On Your Side: “Orange County Sees Spike in E-bike Accidents” KCAL NEWS, Nov 3, 2021
https://www.bing.com/videos/search?q=ebike+injurys+in+orange+county+CA&docid=60 3525694912734209&mid=D1537F514A8F881DE2A9D1537F514A8F881DE2A9&view= detail&FORM=VIRE
Biesiada, Noah , “Orange County Cities Struggle to Handle Electronic Bike Regulations” Voice of OC , Dec 20, 2022 https://voiceofoc.org/2022/12/orange-county-cities-struggleto-handle-electric-bike-regulations/ Biesiada, Noah, “Orange County Cities Crack Down on E-bikes with Stricter Regulations” Voice of OC, Sep 28, 2023 https//Orange County Cities Crack Down on EBikes With Stricter Regulations (voiceofoc.org) Connelly, Laylan, “E-bike Lady educates new riders before hitting streets on electric bikes” Orange County Register, Jan 3, 2024, https//E-bike lady’ educates new riders before hitting streets on electric bikes – Orange County Register (ocregister.com) DMV Motorcycle Handbook, Two Wheel Vehicle Operation, Electric Bicycles https://www.dmv.ca.gov/portal/handbook/motorcycle-handbook/two-wheel-vehicleoperation/ “E-Scooter and E-bike-Injuries Soar-2022 Injuries Increased nearly 21%” Consumer Product Safety Commission, Oct 17, 2023
E-Scooter and E-Bike Injuries Soar: 2022 Injuries Increased Nearly 21% | CPSC.gov Fleming, Shawn “Electric Bike Sales grew by 145% in the US Last Year” World Economic Forum, Mar 12, 2021
Sales of electric bicycles are up all over the world | World Economic Forum (weforum.org)
Fry, Hannah, “On Orange County Beaches, proliferation of e-bikes brings battle to the boardwalk” Los Angeles Times, Jan 16, 2023
https://www.latimes.com/california/story/2023-01-16/mayhem-on-the-boardwalk-orangecounty-cities-tackle-e-bikes-with-varying-results Irvine Watchdog, ”Irvine Transportation Commission to propose E-bike safety ordinance” May 14,2023 https://irvinewatchdog.org/city-hall/transportationcommission/irvine-transportation-commission-to-propose-e-bike-safety-ordinance/ Kelly, Charles M., “Council approves introduction of e-bike ordinance City of Seal Beach” Sun News, May 10, 2023, https://www.sunnews.org/council-approvesintroduction-of-e-bike-ordinance/

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OC Bike, E-Bikes
https://octa.net/getting-around/active/oc-bike/e-bikes/ Orange County Public Works, E-Bike Safety in the County of Orange https://ocip.ocpublicworks.com/e-bike
Orange County Sheriff’s Department, E-bike Safety The focus for National Bike Safety Month https://www.ocsheriff.gov/news/e-bike-safety-focus-national-bike-safety-month Orange County Sheriff’s Office Training Bulletin, Jan 4, 2023 https://www.ocsheriff.gov/sites/ocsd/files/2023-01/Bulletin%2023- 01%20Enforcement%20and%20Handling%20of%20Electric%20Bicycles%2C%20Motor cycles%20and%20Motorized%20Scooters_Redacted.pdf
Pimental, Joseph, “In Los Alamitos students will need a permit to ride e-bikes to and from school”, Spectrum News Jan 23,2023 https://spectrumnews1.com/ca/lawest/public-safety/2023/01/20/in-los-alamitos—students-will-need-a-permit-to-ride-ebikes-to—from-school

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GLOSSARY
CNBCA Central Newport Beach Community Association
CVC California Vehicle Code
E-bike Electric bicycle
HVE High Visibility Enforcement
OCGJ Orange County Grand Jury
OCSD Orange County Sheriff’s Department
OCTA Orange County Transportation Authority

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APPENDICES
APPENDIX 1
Current County of Orange E-Bike Laws - Unincorporated Areas 1 • All E-bikes are required to have a label that describes classification, top assisted speed, and motor wattage.
• Helmets are recommended for all E-bike users. If you are under 18, it’s required! • It is illegal to carry passengers on your E-bike unless your bike has an extra permanent seat or when using a child safety seat.
• E-bikes shall not be operated in excess of their designed speed or the speed limit, whichever is lower, on the road, and in no event in excess of 10 miles per hour on paved trails.
• E-bike shall not be operated in excess of 5 miles per hour on sidewalk. • Riding on the road against the flow of traffic is prohibited. 1 Orange County Public Works. 2024. "E-bike Safety in the County of Orange." Accessed May

22. 2024. https://www.ocgov.com .

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APPENDIX 2
California Vehicle Code Section 312.5 as of December 23, 2023 An electric bicycle is a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts. Three classes of electric bicycles have been established:
• Class 1: A low speed pedal-assisted electric bicycle equipped with a motor which provides assistance only when the rider is pedaling and ceases to provide assistance when a speed of 20 mph is reached.
• Class 2: A low speed throttle-assisted electric bicycle equipped with a motor used exclusively to propel the bicycle and NOT capable of providing assistance when a speed of 20 mph is reached.
• Class 3: A low speed pedal-assisted electric bicycle equipped with a speedometer, and a motor which provides assistance only when the rider is pedaling and ceases to provide assistance when a speed of 28 mph is reached.

The operator of a Class 3 electric bicycle:
• Must be 16 years old or older.
• Must wear a bicycle safety helmet.
• Must not transport passengers.
• May ride an electric bicycle in a bicycle lane if authorized by local authority or ordinance.

All electric bicycle classes are exempt from the motor vehicle financial responsibility, driver’s license, and license plate requirements (CVC § 24016).

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APPENDIX 3
California Assembly Bills
Listed below are some of the bills introduced into the State legislature, as published by LegiScan, that have a variety of proposed regulations regarding E-bikes. This is by no means a comprehensive list, and in the interest of brevity we do not include the text of each bill.

AB 458 10/08/2023 Chaptered-Regulation of insurance requirements for businesses renting micro mobility vehicles, a category which includes E-bikes.

AB 1773 04/01/2024 In committee-Where E-bikes are permitted to operate.

AB 1774 04/09/2024. This bill would prohibit a person from selling a product or device that can modify the speed capability of an electric bicycle such that it no longer meets the definition of an electric bicycle.

AB 2234 04/01/2024 In committee: The bill will require anyone over the age of 12 without a valid driver’s license to take an online e-bike safety training course and pass a written test to prove they understand traffic safety rules. Those without a valid driver’s license must have a state-issued ID to operate an E-bike.

SB 295 06/16/2023 In committee. Allows Public Agency authority to regulate E-bikes, et. al. on public property.

SB 381 10/13/2023 Chaptered-Comprehensive study of E-bikes.

SB 1271 04/11/2024. This bill would clarify that an electric bicycle is a bicycle equipped with fully operable pedals and an electric motor with continuous rated mechanical power of not more than 750 watts. The bill would, if an electric bicycle is capable of operating in multiple modes, require a manufacturer and distributor to include on the label the classification number of the highest classes of which it is capable of operating. Also requires lab accreditation of micro mobility batteries.

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APPENDIX 4
County of Orange Ordinance No. 18-002

AN ORDINANCE OF THE COUNTY OF ORANGE, CALIFORNIA AMENDING SECTION 2-5-29(n) OF THE CODIFIED ORDINANCES OF THE COUNTY OF ORANGE, REGARDING PROHIBITED MOTORIZED WHEELED CONVEYANCES.

The Board of Supervisors of the County of Orange ordains as follows:

SECTION 1. Section 2-5-29(n) of the Codified Ordinances of the County of Orange is hereby amended to read as follows:

Sec. 2-5-29.- Vehicle regulation.
(n) Motorized Wheeled Conveyance prohibited. No person shall operate or drive any electric or combustible motorized skateboard, scooter, dirt bike, mini bike, mini motor bike, mini motorcycle, go-kart, go-ped, all-terrain vehicle, quad runner, dune buggy or any similar electric or combustible motorized conveyance in any park, beach or recreational area, with the exception of Class 1 and Class 2 electric bicycles, as defined by the California Vehicle Code, on those regional paved, off-road bikeways designated for such use by the Director of OC Parks, with the approval of the Board of Supervisors.

September 10, 2024
The Honorable Maria D. Hernandez
Presiding Judge of the Orange County Superior Court
700 Civic Center Drive West
Santa Ana, California 92701
Subject: City of Laguna Hills Response to the Orange County Grand Jury Report:
"E-bikes – Friend or Foe”
The City of Laguna Hills has carefully reviewed the findings and recommendations presented in the 2023-2024 Orange County Grand Jury report titled "E-bikes - Friend or Foe." We appreciate the Grand Jury’s thorough investigation into the safety, regulation, and education surrounding E-bike usage within Orange County. Below, we outline our responses to the findings and recommendations as they pertain to our city.

Findings
Finding 1 (F1): The majority of Orange County’s 34 cities do not have ordinances or policies in place, which makes it difficult to address the safe operation and regulation of E-bikes, leading to confusion.

City Response: The City of Laguna Hills is not aware of the policies of the 33 other Orange County cities. While we recognize the importance of clear regulations for E-bikes, we cannot confirm the status of policies in other municipalities.

Finding 2 (F2): Due to the increasing incidence of E-bike injuries and deaths, there is a need for consistent and accurate tracking by law enforcement and first responders, which does not exist now.

City Response: The City of Laguna Hills' experience with E-bikes does not support this finding. While we acknowledge that tracking incidents is important, our city has not observed a significant increase in E-bike-related injuries or deaths that would necessitate such measures at this time.

Finding 3 (F3): Training and education on E-bike use and safety varies from city to city, causing confusion among bike riders.

City Response: The City of Laguna Hills is not aware of the policies in other cities but supports a consistent statewide approach to E-bike regulation, similar to the frameworks in place for electric vehicles, motorcycles, and golf carts. We believe that a uniform state-level policy would reduce confusion and promote safer Ebike use.

Recommendations
Recommendation 1 (R1): Each Orange County city should have specific policies that define the rules of the road for use of E-bikes in their communities by December 1, 2024.

City Response: This recommendation will not be implemented because the City's experience with E-bikes does not warrant it. We believe that the regulation of Ebikes is a statewide issue and should be handled at that level to ensure uniformity across all jurisdictions. Having different regulations in each city would create confusion for E-bike riders who travel between cities. A consistent statewide policy, again, similar to those for electric vehicles, motorcycles, and golf carts, would be more effective and easier to enforce.

Recommendation 2 (R2): Each Orange County city should have a mechanism in place to report accidents, injuries, and deaths involving E-bikes by December 1, 2024.

City Response: This recommendation will not be implemented because the City's experience with E-bikes does not support the need for such a mechanism. While the tracking of incidents is important, we believe that a statewide approach to Ebike regulation, including the collection and analysis of accident data, would be more appropriate. A uniform system at the state level would ensure that data is collected consistently and can be used to inform broader policy decisions.

Recommendation 3 (R3): Each Orange County city should research and develop outreach and education programs regarding the safe operation of E-bikes for their residents by December 1, 2024.

City Response: This recommendation will not be implemented because the City's experience with E-bikes does not indicate a need for specific local outreach and education programs. We believe that E-bike safety and education should be regulated at the state level, similar to the way safety education is handled for other vehicles. A statewide approach would ensure that all residents receive

consistent and accurate information, regardless of where they live or travel within California.

Conclusion
The City of Laguna Hills acknowledges the growing interest in E-bike usage and the associated safety concerns. However, based on our experience, we believe that E-bike regulation, including safety education and incident reporting, should be managed at the state level. A consistent statewide approach will provide clarity for E-bike riders and ensure that regulations are uniformly applied across all jurisdictions in California.

Item No. 4.10
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: September 10, 2024
To: Mayor and Council Members
From: Jarad Hildenbrand, City Manager
Issue: Resolution Establishing City Council Policy 102-Procedure for Order of Authority
Recommendation: That the City Council adopt a Resolution entitled: A resolution of the City Council of the City of Laguna Hills, California, establishing City Council Policy No. 102 regarding a procedure for order of authority.

Background:

The City Council reviewed this policy at a study session held on August 24, 2024, and directed staff to bring it to September 10, 2024, regular meeting, for approval. Staff recommends the approval of Policy 102 by the City Council's adoption of the proposed resolution in attachment 1.

City Council Policy 102 outlines a clear and organized hierarchy for both the City Council and City staff, which can be essential for maintaining smooth operations, especially in emergency situations.

Attachments:

1. Resolution Establishing Policy 102-Procedure for Order of Authority Policy

RESOLUTION NO. 2024-09-10-X

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAGUNA HILLS, CALIFORNIA, ESTABLISHING CITY
COUNCIL POLICY NO. 102 REGARDING A PROCEDURE

FOR ORDER OF AUTHORITY
The City Council of the City of Laguna Hills, California, hereby finds, determines, declares, and resolves as follows:

WHEREAS, the City Council may establish City Council Policies for providing procedures and guidelines to the City Manager for the administration, operation, and general health, safety, and welfare of the City; and WHEREAS, the City Council desires to adopt City Council Policy No. 102, which establishes a hierarchy for both the City Council and City staff to ensure smooth city operations under both normal and emergency conditions.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA

HILLS, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. The foregoing recitals set forth above are true and correct and are incorporated by reference herein.

SECTION 2: City Council Policy No. 102, entitled “Procedure for Order of Authority” is hereby adopted in its entirety as set forth in Exhibit “A,” which is attached hereto and is incorporated herein by reference.

Resolution No. 2024-09-10-X

PASSED, APPROVED, AND ADOPTED this 10th day of September 2024. ____________________________________

DAVE WHEELER, MAYOR
ATTEST:
______________________________________

JENNIFER LEE, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF LAGUNA HILLS )
I, Jennifer Lee, City Clerk of the City of Laguna Hills, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 2024-09-10-X adopted by the City Council of the City of Laguna Hills, California, at a Regular Meeting thereof held on the 10th day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
(SEAL)
_____________________________________

JENNIFER LEE, CITY CLERK

Resolution No. 2024-09-10-X

CITY OF LAGUNA HILLS
City Council Policy
Subject: Procedure for Order of Authority
Policy No. 102
Effective Date: September 10, 2024
Last Revision:

PURPOSE:

To establish the order of authority for the City Council and city management to ensure smooth city operations under both normal and emergency conditions.

CITY COUNCIL ORDER OF AUTHORITY:

The following order of authority shall be established for the City Council in both normal and emergency operations:

1. Mayor

2. Mayor Pro Tempore

3. Most Senior Councilmember

4. 2nd Most Senior Councilmember

5. 3rd Most Senior Councilmember
CRITERIA FOR DETERMINING SENIORITY:
• Primary Criterion: Number of years served on the City Council, including non-consecutive years.
• Secondary Criterion: Number of years served as a city commissioner. • Tertiary Criterion: Number of votes received in the Councilmember's first election.

CITY STAFF ORDER OF AUTHORITY:

The following order of authority shall be established for city staff in both normal and emergency operations:

1. City Manager

2. Deputy City Manager/Director of Community Services

3. Director of Public Works/City Engineer

Resolution No. 2024-09-10-X

4. Director of Community Development

5. Director of Finance
TEMPORARY TRANSFER OF AUTHORITY:

When any person listed above is unable to perform their duties due to vacation, medical absence, or any other circumstance, the next person in the order of authority shall assume their duties until the higher-ranking individual returns.

NOTIFICATION REQUIREMENTS:
• If a full-time city employee, senior staff member, or Councilmember will be unavailable for service, they shall issue an email or memorandum designating the temporary transfer of authority and job responsibilities for the specified period.
• The email or memorandum may be rescinded or modified by the author if the time period changes.
• Legal counsel shall also designate a replacement via email or memorandum and ensure the transfer of responsibility when unavailable. This communication shall include all appropriate contact information for the Council and staff positions listed above.

Item No. 5.5.1
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: September 10, 2024
To: Chair and Agency Members
From: Jay Wuu, Senior Planner
Issue: Conditional Use Permit/Site Development Permit/Master Sign Program (CUP/SDP/MSP) No. 0110-2022, a Request by Monique Lacher, on behalf of Aliso Equities, Ltd. for Approval of a Conditional Use Permit, Site Development Permit, and Master Sign Program Amendment to Construct a New Ralphs Fuel Station in the Alicia Town Center Located at 25594-25632 Alicia Parkway
Recommendation: That the Planning Agency:
1) Conduct a public hearing; and,
2) Find and determine that the proposed project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 of Title 14, Chapter 3 of the California Code of Regulations (Class 32, In-fill Development Projects); and,
3) Adopt a Resolution entitled: “A Resolution of the Planning Agency of the City of Laguna Hills, California, Approving Conditional Use Permit/Site Development Permit/Master Sign Program No. 0110-2022, a Request by Monique Lacher, on behalf of Aliso Equities, Ltd., for Approval of a New Ralphs Fuel Station in the Alicia Town Center, Located at 25594-25632 Alicia Parkway, Including an Exemption from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15332 of Title 14, Chapter 3 of the California Code of Regulations (Class 32, In-fill Development Projects)”.

Background:

The Alicia Town Center (“Center”) is a 6.43-acre commercial retail center located on the

Item No. 5.5.1
southeast corner of Alicia Parkway and Paseo de Valencia (25594-25632 Alicia Parkway) in the Community Commercial zoning district. The Center is currently comprised of an anchor tenant (Ralphs grocery store), a variety of in-line shops and restaurants, and a pad building (Wells Fargo Bank), with a combined total of approximately 65,800 square feet of retail space divided between 14 tenant spaces. The Center was originally approved by the County of Orange and constructed in the late 1970s, and has remained essentially unchanged from its original approval. The property maintains coordinated traffic circulation, parking, and landscaping.

Abutting the property to the east are existing single-family homes. Abutting the property to the south is open space, along with Southern California Edison powerlines and easements. To the west of the property, across Alicia Parkway, is the Laguna Hills Community Center. To the north, across Alicia Parkway, is an existing fuel station (Circle K/Mobil) and commercial retail center (Alicia Plaza). To the north, across Paseo de Valencia, are existing single-family homes. Figure 1 below is a vicinity map of the Project:

Figure 1 - Vicinity Map
Authority:

Title 9 of the Laguna Hills Municipal Code (“LHMC”) contains the City of Laguna Hills Development Code (also commonly referred to as the “Zoning Code” or the “Code”).

LHMC Chapter 9-28 identifies “Gas station” as a permitted use within the Community Commercial zoning district through an approved Conditional Use Permit. The process the City must follow in reviewing a Conditional Use Permit is found in LHMC Section 9-

92.030, which grants the Planning Agency the authority to review and approve Conditional Use Permits.

LHMC Section 9-92.080(G)(1) grants the Community Development Director the authority to review and approve Site Development Permits for commercial properties

Item No. 5.5.1
with development not exceeding 20,000 square feet. However, the proposed Site Development Permit is being considered in conjunction with a request for a Conditional Use Permit, which grants the Planning Agency the authority to review and approve.

The process the City must follow in reviewing Master Sign Programs is found in Chapter 9-42 and Chapter 9-92 of the Code. The Planning Agency has review authority over the proposed Master Sign Program Amendment through the City’s SDP/MSP process in accordance with Table 9-92.030 of the Code. If a sign in a proposed MSP deviates from the standards contained in the Sign Standards Matrix located in Table 9-42.090, the Planning Agency may grant a deviation based on design quality, creativity, and compatibility of the signage with the building architecture and surrounding land uses (LHMC § 9-42.180).

The findings required for the application are found in LHMC Section 9-92.080.

Accordingly, Staff has prepared findings demonstrating that the application complies with the General Plan and Zoning Code as stated in the proposed Resolution (Attachment 1).

Proposal & Analysis:

Monique Lacher, on behalf of Aliso Equities, Ltd. (“Applicant”) is requesting approval of a Conditional Use Permit, Site Development Permit, and Master Sign Program Amendment to construct a new Ralphs fuel station in the existing parking lot in front of the Ralphs grocery store (“Project”) (Attachment 2). The new fuel station is proposed to be located at the northern corner of the Center, near the intersection of Alicia Parkway and Paseo de Valencia, on an approximately 31,000 square-foot (0.71-acre) Project site (Attachment 3, Sheet 02). The Project requires the demolition of a large grass planter area and parking stalls to accommodate the fuel station (Attachment 3, Sheet 01).

The proposed facility consists of five fuel pumps (ten dispensers) and a 178 square-foot pre-fabricated kiosk building located beneath a 3,956 square-foot fuel canopy. The fuel pumps will be open 24 hours per day; the kiosk will be manned from 5:30am to 10:00pm, with ‘pay-at-the-pump’ available for overnight hours. The kiosk is meant for fuel operations only, and no merchandise will be sold at the kiosk.

In order to be consistent with the Ralphs grocery store’s current delivery curfew hours of 10:00pm to 7:00am, fuel delivery hours will only occur between 7:00am and 10:00pm, which will reduce potential impacts on adjacent businesses and properties.

Truck engines are shut off during delivery unloading, and fuel deliveries are gravity fed with no mechanical equipment involved in unloading. Any vapors are captured by

Item No. 5.5.1
secondary containment and fed back into the truck. Timing and frequency of deliveries will vary depending on volume of fuel sold.

No new trash enclosures are proposed as part of the Project. Trash from the fuel station will be collected from the waste receptacles and taken to the existing trash bins behind the Ralphs grocery store.

No interior or exterior changes are proposed for the existing Ralphs building and in-line shops, and the amount of leasable area for the Center will remain unchanged.

Site Design/Circulation
There are currently four vehicular access points for the Center; two on Alicia Parkway and two on Paseo de Valencia. These driveways will remain unchanged as part of the Project. Fuel delivery trucks are expected to take access from Paseo de Valencia, and exit onto Alicia Parkway (Attachment 3, Sheet 03). Internal vehicular circulation between the Project site and within the Center will remain unchanged.

A queuing analysis was conducted to evaluate the potential queuing associated with the proposed Project (Attachment 4, Page 6-1). The purpose of the analysis was to ensure that the design of the Project has minimal impact on the existing parking stalls and that the drive aisles are not impacted by drivers waiting to fuel their vehicles. The analysis concluded that the design of the Project can fully accommodate projected queueing without blocking the existing parking stalls and/or the parking drive aisles.

New underground fuel storage tanks will be located on the eastern portion of the Project site, and new tank vents will be located within a small planter area in the interior of the parking lot.

Along the Alicia Parkway frontage, the proposed overhead canopy is located approximately 60 feet from the property line, and 70 feet from the street. Along the Paseo de Valencia frontage, the proposed overhead canopy is located approximately 70 feet from the property line, and 80 feet from the street.

A designated area for the new air and water stations and new fuel vents will be located along Paseo de Valencia (Attachment 3, Sheet 04). In order to comply with ADA requirements, the proposed Project also includes a new concrete ramp with handrails in the landscape setback along Paseo de Valencia.

The Orange County Fire Authority has reviewed the proposed Project’s Fire Master Plan (Attachment 3, Sheets 11 – 12) and do not have any significant concerns related to fire

Item No. 5.5.1
department requirements.

Architectural Design
The proposed kiosk building and canopy consist of a simple, industrial architectural theme, with some Spanish/Mediterranean elements included to complement the architectural style of the Center (Attachment 3, Sheets 06 – 10). The kiosk is prefabricated with a stucco finish with neutral colors and a stone wainscot on all four sides of the building. The kiosk also includes a parapet that will completely screen the rooftop HVAC equipment.

The kiosk building is 13-feet in height, and the canopy is 19-feet in height. The maximum building height for the Community Commercial zoning district is 40 feet.

Landscaping/Lighting
In order to accommodate the proposed fuel station, an approximately 2,790-squarefoot turf area and six Carrotwood trees within the planter will be removed (Attachment 3, Sheet 13). Two trees along the Paseo de Valencia frontage will also need to be removed to accommodate the proposed ADA access ramp. Multiple replacement trees are proposed along both the Alicia Parkway and Paseo de Valencia frontages, which will offset the loss of the existing trees (Attachment 3, Sheet 15).

Landscaping throughout the Project site consists of drought-tolerant plants (Attachment 3, Sheets 15 – 18). Mostly utilized around the site are various trees and shrubs, with no new turf areas. The proposed tree palette includes eight new Carrotwood along the perimeter of the Project, which will fill in gaps between the existing trees. Two existing Pygmy Date Palm trees will remain at the north corner of the Project site, bookending the existing monument sign (to remain). The existing turfed frontages along Alicia Parkway and Paseo de Valencia (approximately 4,550 square feet) will be replaced with a layered shrub and groundcover palette that includes Natal Plum, Yellow Daylily, and Blue Chalksticks.

No new parking lot lighting is proposed (Attachment 3, Sheet 19). An existing light pole (20-foot tall pole and 2-foot tall concrete base) is proposed to be relocated from the Paseo de Valencia frontage to the Alicia Parkway frontage. New LED downlighting is proposed for the fuel station canopy. The 18 lights will be mounted under the canopy at a height of 15’-6”, and will be fully-shielded. All lighting has been designed and located to ensure light is confined within the Project boundaries to avoid offsite spillage and impacts to nearby uses. The submitted photometric plan confirms the Project will meet the City’s minimum required lighting standards and avoid lighting that spills over onto adjacent properties or public rights-of-way.

Item No. 5.5.1
Parking
Currently, the Alicia Town Center provides 306 striped parking stalls. The proposed Project requires the removal of 39 parking stalls, but also includes the addition of four new striped stalls behind the Ralphs grocery store, resulting in a new inventory of 271 parking stalls.

In 2019, the City approved a Joint Parking Use Permit for the Alicia Town Center (PUP No. 11-18-4383). The PUP included a parking study that concluded that with a projected parking demand of 198 parking stalls, the Center would have a surplus of 108 parking stalls for future tenants. Condition of Approval No. 11 of the PUP authorizes the City to require an updated parking and circulation study when there is a change in any use or any portion of any use (i.e., change in tenant mix) in the shopping center.

As part of the proposed Project, the Applicant submitted an updated Parking Study (“Study”) prepared by RK Engineering Group, Inc. (dated April 22, 2024) (Attachment 5).

The Study concludes that the displacement of 39 parking stalls is manageable considering the existing surplus of 108 parking stalls. Given the results of the Study, it is appropriate to continue utilizing a shared parking approach for the Alicia Town Center with a new surplus of 70 parking stalls remaining for future leasing opportunities.

Conditional Use Permit
The proposed Project is considered a gas station use, which requires a Conditional Use Permit (“CUP”) in the Community Commercial zoning district. CUPs are used to evaluate uses that may have a moderate to high potential for adverse impacts on adjacent/abutting uses, or to the surrounding community due to operating characteristics. Approval of CUPs can allow a use, subject to conditions of approval, to ensure compatibility between the requested use and existing uses. Conditions of approval are intended to be directly related to the reduction and/or elimination of any potential negative impacts associated with the proposed use.

In order to minimize impacts on neighboring properties and businesses, Condition of Approval No. 24 has been recommended to prohibit fuel delivery hours between the hours of 10:00 pm and 7:00am.

Staff also recommends Condition of Approval No. 25, which authorizes the Community Development Director to require an update to the Parking Use Permit for the Center if the design of the proposed Project becomes problematic to the Center’s parking and circulation.

Item No. 5.5.1
Condition of Approval No. 22 ensures that the Applicant maintain the Project in compliance with the noise standards of the City of Laguna Hills Noise Ordinance (LHMC 5-24) and Condition of Approval No. 23 ensures that the property will be permanently maintained in an orderly fashion by the provision of regular removal of trash and debris, and comply with all property maintenance standards as required by LHMC Chapter 9-74.

Master Sign Program Amendment
The original Master Sign Program (“MSP”) for the Center was approved by the County (UP 77-73P). The MSP has been amended multiple times, the latest in 2009 to allow the installation of a new monument sign on Alicia Parkway (SDP/MSP No. 99-048). The proposed Project includes an Amendment to the MSP to accommodate new signage for the Ralphs fuel station (Attachment 6). The proposed Amendment includes two new ‘Gas Price’ monument signs, four new ‘Ralphs’ identification signs located on the fuel station canopy, and two new ‘Logo’ signs located on the kiosk.

The City’s Sign Ordinance (LHMC Chapter 9-42) has special regulations for service station signage. In summary:
• Service stations are allowed two additional signs (maximum 14 square feet each) for identifying and displaying price information for gasoline varieties, and do not contain other product advertising.
o The Center’s perimeter signage currently consists of four monument/center identification signs: two along Alicia Parkway, one on Paseo de Valencia, and one at the corner of the property facing the intersection of Alicia Parkway and Paseo de Valencia. The two proposed double-sided ‘Gas Price’ monument signs will be located along Alicia Parkway and Paseo de Valencia (Attachment 6, Sheet 01). Not including the cultured stone base and pilasters, which have been designed to match the existing monument signs for the Center, the total sign area of the price information signs are 14 square feet each, and do not contain any product advertising (Attachment 6, Sheet 02).
• Total maximum sign area shall not exceed an aggregate area of 175 square feet, including, but not limited to, signage on walls, windows canopies, pumps, and spanners.
o The proposed fuel station signage includes four internally-illuminated ‘Ralphs’ identification signs located on the corners of all four sides of the canopy and two internally-illuminated logo signs located on the front and rear of the kiosk (Attachment 6, Sheet 03). The canopy signs are approximately 19.25-square-feet each and the kiosk signs are

Item No. 5.5.1
approximately 4.25-square-feet each, resulting in a total aggregate sign area of 85.5 square feet.

The City’s Sign Ordinance requires a separation of 75 feet to be maintained between center identification and monument signs (LHMC Section 9-42.220). The proposed ‘Gas Price’ monument sign on Paseo de Valencia is 62 feet away from the nearest existing monument sign, on the other side of the Center’s driveway (Attachment 6, Sheet 01).

The Applicant attempted to relocate the proposed monument sign in order to meet the required separation; however, the proposed location is the only one that does not conflict with the required ADA ramp and also prevents sign clutter at the intersection of Alicia Parkway and Paseo de Valencia. For projects that involve a Master Sign Program, the Planning Agency has the authority to grant deviations based on design quality, creativity, and compatibility of the signage with the building architecture and surrounding land uses (LHMC Section 9-42.180). Staff supports the proposed deviation as the proposed monument sign is designed to complement the existing monument signs for the Center, and utilizes enhanced materials (stone, copper-finished light fixture, etc.) that results in a higher quality sign while allowing the proposed fuel station to advertise pricing at a logical location.

Economic Development Committee
The proposed Project underwent a preliminary review by the Economic Development Committee (EDC), comprised of Committee Members Dave Wheeler and Don Caskey, during a noticed public meeting on July 18, 2022, at which time the proposed Project design was discussed. The EDC meeting was open to the public and interested members of the public were invited to comment on the application as well.

Conclusion:

Staff recommends approval of the proposed Project. As demonstrated in this staff report and accompanying resolution, the Project, as conditioned, is consistent with the goals and objectives of the Laguna Hills General Plan, as well as with the development standards of the Municipal Code. The development of a fuel station on an underutilized portion of the Alicia Town Center parking lot will help the Center remain a successful commercial retail option within the City. The updated Parking Study shows that a surplus of parking stalls exists and will remain.

The proposed changes to the Master Sign Program are minor in nature and are aligned with the goals of the existing Master Sign Program. All Municipal Code requirements are met, with respect to size, scale, and proportionality of the proposed signage. Staff supports the requested deviation for distance between monument signs as the

Item No. 5.5.1
proposed monument sign is designed to complement the existing monument signs for the Center, and utilizes enhanced materials (stone, copper-finished light fixture, etc.) that results in a higher quality sign while allowing the proposed fuel station to advertise pricing at a logical location. The proposed changes to the Master Sign Program will not have any significant negative impacts to adjoining businesses or properties.

Therefore, Staff recommends approval of the Project, subject to the conditions of approval as listed in the attached Resolution.

Public Notice:

The proposed Project was advertised in an adjudicated newspaper of general circulation on August 29, 2024. A total of 43 public hearing notices were mailed, which includes all property owners within a 300-foot radius of the subject property, as well as all tenants of the subject property. To date, no comments have been received. Any written comments received will be distributed at the Planning Agency Public Hearing.

CEQA Findings:

Staff has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and determined that the Project is categorically exempt from CEQA pursuant to Section 15332 (Class 32, In-fill Development Projects) of Title 14, Chapter 3 of the California Code of Regulations. CEQA Guidelines state that a Class 32 Categorical Exemption is allowed when an in-fill development project meets the following conditions:
a. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.
o The Project site has a General Plan land use and zoning designation of Community Commercial (CC). The CC land use designation provides areas for the general shopping and commercial service needs of area residents.

Typical uses include general retail, markets, commercial services, restaurants, automotive repair and service, hardware and home improvement centers, commercial recreation, professional and business offices, financial institutions, and automotive sales. The proposed Project is a permitted use subject to a Conditional Use Permit under the CC zoning district regulations. The Project complies with all applicable development standards of the CC zoning district. Therefore, the Project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.

Item No. 5.5.1
b. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. o The approximately 0.71-acre Project site is located within the city limits of Laguna Hills, and is surrounded on all sides by urban uses, specifically an existing fuel station (Circle K/Mobil) and commercial retail center (Alicia Plaza), single-family homes, and the Laguna Hills Community Center. c. The project site has no value as habitat for endangered, rare or threatened species.
o The Project site is completely developed with a paved parking lot and limited vegetation, including small shrubs and trees, and is completely surrounded by existing urban development. The Project site does not contain suitable habitat for endangered, rare, or threatened species. d. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
o Traffic
▪ A Traffic Impact Analysis (“TIA”) has been prepared by RK Engineering Group, Inc. (dated April 22, 2024) to evaluate and determine the potential traffic impacts associated with the project (Attachment 4). The TIA evaluated impacts on the intersections of Alicia Parkway/Paseo de Valencia and Alicia Parkway/Community Center Drive. All intersections studied are currently operating and are forecasted to continue to operate at an acceptable Level of Service during the AM and PM peak hours for all analysis scenarios.

No improvements are required. The TIA also includes a Vehicle Miles Traveled (VMT) analysis for assessing transportation impacts under CEQA and the City of Laguna Hills Vehicles Miles Traveled Analysis Guidelines. The VMT guidelines identifies ‘gas service station’ as a local serving land use under the category of local serving retail less than 50,000 square feet. Because the proposed project is a gasoline/service station, the project meets the VMT Screening Step 3 (Local Serving Land Use) criterion. As a result, the project can be assumed to have a less than significant impact on VMT under CEQA and no further VMT analysis is required. o Noise
▪ A Noise Impact Study (“Noise Study”) has been prepared by RK Engineering Group, Inc. (dated April 22, 2024) to evaluate and determine the potential noise impacts associated with the project (Attachment 7). The purpose of the Noise Study is to assess the potential noise and vibration impacts resulting from the Project construction and operation, in addition to evaluating whether the

Item No. 5.5.1
Project would expose people to excessive noise levels. The Noise Study concludes that the Project would not result in significant noise impacts from construction and operational activities. The Project would not result in significant vibration impacts and will not expose people working in the Project area to excessive noise levels and not create significant impacts. Any temporary increases in ambient noise levels caused by construction would not exceed the City’s mobile and stationary construction noise standards.

Therefore, impacts from construction noise would be less than significant.
o Air Quality
▪ An Air Quality and Greenhouse Gas Impact Study (“AQ/GHG Study”) has been prepared by RK Engineering Group, Inc. (dated April 22, 2024) to evaluate and determine whether the estimated criteria air pollutant and greenhouse gas emissions generated from the construction and operation of the proposed Project would cause significant impacts to air and energy resources (Attachment 8). The AQ/GHG Study concludes that the Project would not result in significant regional or localized air quality impacts due to construction, would not result in significant regional or localized air quality impacts due to Project operation, and does not have the potential to expose sensitive receptors to substantial pollutant concentrations, result in other emissions (such as those leading to odors) adversely affecting a substantial number of people, or conflict with or obstruct implementation of any air quality plan. In summary, the Project would not result in any significant air quality impacts.
o Water Quality
▪ The Project site is currently developed with surface parking and there are no wetlands on or near the Project site. As a result, construction of the proposed Project would not alter the course of a pond, creek, or other stream or river. The Project site is connected to an existing stormwater drainage system. As the site is developed, most drainage conditions are to remain the same, utilizing the existing gutters around the parking lot where water will be conveyed to catch basins. With the proposed fuel station, the concrete pad and tank storage will drain to the gutters that are proposed around the fuel station where the water will drain to an oil water separator, low impact development, treatment and hydromodification structural best management practices (BMPs)

Item No. 5.5.1
before connecting to the City’s storm drain system. Because the project would not substantially increase stormwater runoff and would comply with the NPDES Municipal Separate Storm Sewer System (MS4) Permit requirements to control and filter runoff, development of the proposed project would not degrade the quality of stormwater runoff from the site.
e. The site can be adequately served by all required utilities and public services. o The Project site is located within an existing shopping center surrounded by existing commercial buildings already served by all necessary municipal utilities (e.g., water, wastewater, stormwater, solid waste) and public services (e.g., fire, police). Water and sewer capacity is available for the proposed Project, and the Project would not require an expansion of any public services that currently serve the site and area (e.g., police, fire, or garbage collection). all of which currently serve the site and area.

Therefore, the Project site can be adequately served by required utilities and public services.

As demonstrated in the consistency analysis above, the proposed Project qualifies for a Class 32 Categorical Exemption. Furthermore, there are no exceptions to the Categorical Exemption pursuant to CEQA Guidelines Section 15300.2 that apply to the Project. Therefore, staff finds that the proposed Project meets the qualifications of the Class 32 Categorical Exemption.

Fiscal Impact:

Sales tax revenue from fuel stations can range between $40,000 to $80,000 annually.

Attachments:

1. Attachment 1 Proposed Resolution of Approval

2. Attachment 2 Letter of Justification

3. Attachment 3 Plan Set

4. Attachment 4 Traffic Impact Analysis

5. Attachment 5 Parking Study

6. Attachment 6 Amendment to Master Sign Program

7. Attachment 7 Noise Impact Study

8. Attachment 8 Air Quality and Greenhouse Gas Impact Study

RESOLUTION NO. PA2024-X-X-X

A RESOLUTION OF THE PLANNING AGENCY OF THE

CITY OF LAGUNA HILLS, CALIFORNIA, APPROVING

CONDITIONAL USE PERMIT/SITE DEVELOPMENT
PERMIT/MASTER SIGN PROGRAM AMENDMENT NO.
0110-2022, A REQUEST BY MONIQUE LACHER, ON
BEHALF OF ALISO EQUITIES, LTD., FOR APPROVAL OF

A NEW RALPHS FUEL STATION IN THE ALICIA TOWN
CENTER, LOCATED AT 25594-25632 ALICIA PARKWAY,

INCLUDING AN EXEMPTION FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PER CEQA
GUIDELINES SECTION 15332 OF TITLE 14, CHAPTER 3

OF THE CALIFORNIA CODE OF REGULATIONS (CLASS
32, IN-FILL DEVELOPMENT PROJECTS)
The Planning Agency of the City of Laguna Hills, California, hereby finds, determines, declares, and resolves as follows:

WHEREAS, Monique Lacher, on behalf of Aliso Equities, Ltd. (“the Applicant”) has filed an application for Conditional Use Permit/Site Development Permit/Master Sign Program Amendment (CUP/SDP/MSP) No. 0110-2022, a request to Construct a New Ralphs Fuel Station in the Alicia Town Center Located at 25594-25632 Alicia Parkway (“Project”); and
WHEREAS, the Project is hereby found to be Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 of Title 14, Chapter 3 of the California Code of Regulations (Class 32, In-fill Development Projects); and
WHEREAS, on September 10, 2024, the Planning Agency held a duly noticed public hearing and considered public comments and written and oral information and testimony presented by City staff, community residents, and other interested parties; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, THE PLANNING AGENCY OF THE CITY OF

LAGUNA HILLS, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. The above recitals are true and correct, and are incorporated herein by reference.

SECTION 2. That Planning Agency hereby determines that the required findings by the City for approval of Conditional Use Permit/Site Development Permit/Master Sign Program Amendment (CUP/SDP/MSP) No.

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0110-2022 have been met and made as follows:

Conditional Use Permit

1. The proposed use is consistent with the General Plan.

The Project site has a General Plan land use and zoning designation of Community Commercial (CC). The CC land use designation provides areas for the general shopping and commercial service needs of area residents. Typical uses include general retail, markets, commercial services, restaurants, automotive repair and service, hardware and home improvement centers, commercial recreation, professional and business offices, financial institutions, and automotive sales. The proposed use is a fuel station that will provide a service for area residents.

2. 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 Project will be compatible with, and not detrimental to, surrounding development and with the overall design quality prevalent in the City. These aspects include setbacks, access, landscaping/lighting, and other architectural site design elements (i.e., height, scale, mass, and appearance). The submitted technical studies, including Traffic Impact Analysis, Queuing Analysis, Noise Impact Study, etc. conclude that the proposed Project will not adversely affect or be materially detrimental to the adjacent uses, buildings, or structures. Conditions of approval are included to ensure the Project will be compatible with the surrounding area with respect to noise, parking, and public safety.

3. The proposed site is adequate in size and shape to accommodate the use and integrate it with the existing and planned uses in the vicinity.

The Project site is an underutilized portion of an existing parking lot. The proposed Project has been designed to comply with the development standards of the Community Commercial zoning district. Condition of Approval No. 11 of Parking Use Permit No. 11-18-4383 allows the Community Development Director to evaluate the available parking supply for any change in tenants or change in use in the future, to ensure the Applicant’s implementation of a shared parking approach will not result in inadequate parking now or in the future. Condition of Approval No. 25 also authorizes the Community Development Director to require an update to the Parking Use Permit for the Center if the design of the proposed Project becomes problematic to the Center’s parking and circulation.

4. All required development standards prescribed by the Development Code can be achieved.

The proposed Project complies with the development standards of the Community Commercial zoning district, including maximum lot coverage, density/FAR, setbacks, and other required development standards.

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5. The conditions and limitations placed upon the use are necessary to ensure compatibility with adjacent or abutting uses and the preservation of the public peace, safety, and welfare.

The conditions of approval will ensure that the approval of the proposed Project will not result in the conditions described above. Condition of Approval No. 11 of Parking Use Permit No. 11-18-4383 allows the Community Development Director to evaluate the available parking supply for any change in tenants or change in use in the future, to ensure the Applicant’s implementation of a shared parking approach will not result in inadequate parking now or in the future. Condition of Approval No. 22 ensures that the Applicant maintain the Project in compliance with the noise standards of the City of Laguna Hills Noise Ordinance (LHMC 5-24), Condition of Approval No. 23 ensures that the property will be permanently maintained in an orderly fashion by the provision of regular removal of trash and debris, and comply with all property maintenance standards as required by LHMC Chapter 9-74, and Condition of Approval No. 25 authorizes the Community Development Director to require an update to the Parking Use Permit for the Center if the design of the proposed Project becomes problematic to the Center’s parking and circulation.

Site Development Permit

1. The site design complies with standards of the development code.

The proposed Project complies with the development standards of the Community Commercial zoning district, including maximum lot coverage, density/FAR, setbacks, and other required development standards.

2. The site is suitable for the proposed development.

The Project site is an underutilized portion of an existing parking lot. The proposed Project has been designed to comply with the development standards of the Community Commercial zoning district. The design of the Project will be compatible with, and not detrimental to, surrounding development and with the overall design quality prevalent in the City. Conditions of approval are included to ensure the Project will be compatible with the surrounding area with respect to noise, parking, and public safety.

3. The project is consistent with the general plan and applicable design guidelines.

The Project site has a General Plan land use designation of Community Commercial (CC). The CC land use designation provides areas for the general shopping and commercial service needs of area residents. Typical uses include general retail, markets, commercial services, restaurants, automotive repair and service, hardware and home improvement centers, commercial recreation, professional and business offices, financial institutions, and automotive sales. The proposed use is a fuel station that will provide a service for area residents. The land use designation is implemented by the CC zoning district. The proposed use is permitted in the CC zoning district with the approval of a Site Development

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Permit and Conditional Use Permit. There are no applicable design guidelines for this type of business located in an existing commercial property.

4. The site design and structural components are appropriate for the site and function of the proposed uses.

The Project is of quality design with an appropriately-scaled framework of architectural and landscaping elements. The new structures are designed to meet all development standards. High-quality development features will be provided throughout the Project site through site design, architecture, and landscaping.

Development of the Project, as conditioned, will be compatible with, and not detrimental to, surrounding development, and with the overall design quality prevalent in the City.

Master Sign Program

1. The design and application of the sign criteria required by the development code are satisfied by the proposed sign program.

The proposed Amendment to the Alicia Town Center Master Sign Program complies with the Development Code, including the Applicant’s request to deviate from the Development Code for minimum distance between monument signs. This request is made pursuant to Section 9-42.180 of the Development Code, which allows deviations approved by the Planning Agency based on design quality, creativity, and compatibility of the signage with the building architecture and surrounding land uses. The proposed monument sign is designed to complement the existing monument signs for the Center, and utilizes enhanced materials (stone, copper-finished light fixture, etc.) that results in a higher quality sign while allowing the proposed fuel station to advertise pricing at a logical location.

Therefore, the proposed deviation from the Development Code is warranted and appropriate.

2. The sign program provides a compatible and harmonious design between advertising, landscaping and building design.

The proposed Amendment to the Alicia Town Center Master Sign Program ensures that the proposed signs will be proportionate to the kiosk/canopy elevation they are installed on, and facilitates the necessary fuel pricing signs required for a fuel station. Therefore, the proposed Master Sign Program will provide a compatible and harmonious design between advertising and building design.

NOW, THEREFORE, based upon the above findings, the Planning Agency of the City of Laguna Hills does hereby approve Conditional Use Permit/Site Development Permit/Master Sign Program (CUP/SDP/MSP) No. 0110-2022 subject to the following conditions:

General

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1. The following Conditions of Approval shall be binding and enforceable against, and, whenever used herein, the term “Applicant” shall mean and refer to each of the following: Monique Lacher, on behalf of Aliso Equities, Ltd., the owners(s) and tenant(s) of the property, and each of their respective successors and assigns.

2. Unless the context dictates otherwise, whenever the term “this Permit” is used in the following Conditions of Approval, it shall collectively refer to the Conditional Use Permit/Site Development Permit/Master Sign Program (CUP/SDP/MSP) No. 0110-2022, approved pursuant to this Resolution, as well as the plans, studies, and exhibits submitted to the City by the Applicant to describe and depict the improvements to be constructed as a part of the project, and as otherwise modified by these Conditions of Approval.

3. Unless the context dictates otherwise, whenever the term “project” is used in the following Conditions of Approval, it shall collectively refer to the plans and exhibits submitted to the City by the Applicant to depict the project, as modified by these Conditions of Approval.

4. To the fullest extent permitted by law, the Applicant shall, at its sole cost and expense, protect, defend, indemnify, and hold harmless the City, its elected and appointed officers and officials, employees, agents, departments, agencies, authorized volunteers, consultants, attorneys, boards, commissions, and committees, and instrumentalities thereof ("Indemnitees"), from and against any and all claims, liabilities, losses, fines, demands, penalties, lawsuits, writs of mandamus, and any other claims or actions or proceedings of any kind whatsoever (whether legal, equitable, declaratory, administrative 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 "Claims" and “Actions”), brought against the Indemnitees, which seek to attack, challenge, modify, set aside, void, or annul any action of or any permit or approval issued by the Indemnitees (including actions approved by the voters of the City) for, in connection with, or concerning the approval of this Permit. It is expressly understood and agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the defense of the Indemnitees for the Claims and Actions, and that the Applicant shall promptly reimburse the City for all costs and expenses directly and necessarily incurred by the City in the course of the defense, including reasonable attorneys' fees. The City shall promptly notify the Applicant of any Claims and Actions brought against the Indemnitees and shall cooperate in the defense of any such Claims and Actions. If the Applicant fails to so defend the Claims and Actions, the City shall have the right but not the obligation to do so and, if it does, the Applicant shall promptly pay the City's full cost thereof.

5. Approval of this Permit constitutes approval of the proposed project only to the extent that it complies with the City’s Development Code and any other applicable zoning regulations. Approval does not include any action or findings as to compliance or approval of the project regarding any other applicable ordinance, regulation, or requirement.

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6. Failure to abide by and faithfully comply with any and all conditions of approval shall constitute grounds for revocation of this Permit by the Laguna Hills Planning Agency.

7. The Applicant shall agree in writing to these conditions of approval within 30 days of the Planning Agency’s approval.

8. The conditions of project approval set forth herein include certain development impact fees and other exactions. Pursuant to Government Code §66020(d), these conditions constitute written notice of the amount of such fees, and/or exactions.

The Applicant is hereby notified that the 90-day protest period in which the Applicant may protest the fees, dedications, reservation, or exactions imposed on this project through the Conditions of Approval, commencing from the date of approval of the project, has begun.

9. Pursuant to City Council Resolution No. 2017-07-11-2, the Applicant shall reimburse the City for any outstanding staff time spent on the processing of this Permit within 60 days of the Planning Agency’s approval.

10.This Permit shall expire and be of no further force or effect if the Permit is not implemented within two years from September 10, 2024.

11.Within 48 hours from project approval, the Applicant shall submit to the City a check in the amount of $50.00, made payable to the Orange County ClerkRecorder, for filing the Notice of Exemption.

Permitting

12.Prior to the issuance of a building permit, the Applicant shall submit a landscape and irrigation plan to the Community Development Director for review and approval. The plan shall demonstrate compliance with LHMC Chapter 9-46 and 9- 47, including sufficient wall screening, landscaping, planter size and shade trees along the site perimeter and within the Project parking lot, installation of “Smart” landscape irrigation controllers, low precipitation-rate sprinkler heads, and water efficient landscaping, as applicable.

13.The Applicant shall deposit with the Community Development Department the estimated reasonable cost necessary to retain a qualified landscape professional to review the Applicant’s proposed landscape and irrigation plans, as well as inspect the Applicant-installed landscaping to ensure compliance with the approved landscaped plans. The amount deposited shall be in accordance with a written proposal obtained by the City pursuant to its Purchasing Ordinance. Prior to the issuance of building shell final or issuance of a Certificate of Use or Occupancy permit, the Applicant shall pay the actual cost of landscape plan check and inspection or be entitled to a refund of funds deposited, if any. All required landscaping shall be installed prior to issuance of a Certificate of Use and Occupancy.

14.The Applicant shall be responsible for ensuring applicable building permits are

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obtained, as required by the California Building Code, prior to commencement of any work for which a permit is required.

15.All documents required for permit issuance shall be accurately labeled and reflect all work, as required by the California Building Code.

16.All construction shall comply with California Building, Plumbing, Mechanical, Electrical, Green, and Energy Codes with regard to the applicable occupancy group if applicable.

17.Prior to issuance of building permits, the Applicant shall apply for a Certificate of Use and Occupancy (COUO), and the Applicant shall obtain the Certificate before conducting operations.

18.The Applicant is advised that the business will need to comply with CalRecycle’s requirements of AB 1826 (Mandatory Commercial Organics Recycling), SB 1383 (Short-Lived Climate Pollutants), and AB 341 (Mandatory Commercial Recycling).

19.That prior to the issuance of a certificate of occupancy, the Applicant shall subscribe to and provide evidence of enrollment in the organics recycling services provided by the City’s franchise waste hauler, in order to comply with California State Senate Bill 1383 and California Assembly Bill 1826, for the recycling and disposal of organic waste including any food waste.

Orange County Fire Authority

20.Plan Submittal: The Applicant or responsible party shall submit the plan(s) listed below to the Orange County Fire Authority for review. Approval shall be obtained on each plan prior to the event specified.
• Prior to OCFA clearance of a final map or issuance of a precise grading permit or a building permit, if a grading permit is not required:
• Fire Master Plan (Service Code PR145)
• Prior to issuance of a building permit:
• Dispensing from Underground Storage Tank (Service Code PR305) Operations

21.Prior to the commencement of any work, the Applicant shall provide a contact number to the Community Development Director for the public to call concerning dust, noise, or other construction-related impacts. The information shall also be posted on site in a manner approved by the Community Development Director.

22.The Applicant shall maintain the Project in compliance with the noise standards of the City of Laguna Hills Noise Ordinance (LHMC 5-24). Should the City receive complaints related to noise associated with the Project which are in violation of the Noise Ordinance, the Applicant agrees to promptly implement reasonable noise attenuation measures.

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23.The property shall be permanently maintained in an orderly fashion by the provision of regular removal of trash and debris, and comply with all property maintenance standards as required by LHMC Chapter 9-74. Specifically, all business shall be permanently maintained in an orderly fashion by the provision of regular removal of trash and debris, and all business activities and related services shall be conducted entirely within the tenant space.

24.Fuel deliveries are prohibited between the hours of 10:00pm and 7:00am. Truck engines shall be shut off during delivery unloading, and fuel deliveries shall be gravity fed with no mechanical equipment involved in unloading. Any vapors are captured by secondary containment shall be fed back into the truck.

25.If at any time in the future the Community Development Director determines, in his or her sole discretion, that an updated parking and circulation study is necessary to address parking and/or circulation insufficiencies, issues, complaints, or problems relative to ensuring adequate parking and circulation on the subject property in connection with this Permit, the Applicant shall, at its sole cost and expense, be responsible for the cost of a parking and circulation study prepared by a licensed consultant selected by the City. The Applicant shall, at its sole cost and expense, be responsible for implementation of any reasonable mitigation measures deemed appropriate by the Community Development Director related to such impacts based on the findings of such study.

26.The Applicant shall comply with all temporary and permanent sign requirements of the City’s Sign Ordinance, as specified in Chapter 9-42 of the LHMC. The Applicant shall not use or display any prohibited signs listed in LHMC Section 9-42.260.

Public Works Department

27.Prior to the issuance of any grading permit or building permit, security instruments shall be posted guaranteeing construction of on-site and off-site improvements in accordance with LHMC Section 10-16.300, and these Conditions of Approval.

Security instruments shall include a grading bond and a landscape bond, unless the latter is waived by the Community Development Director.

28.Prior to the issuance of a Certificate of Use and Occupancy, all required geotechnical testing services required for improvements in the public right-of- way will be based on time and materials, to be invoiced by the City. These fees will be in addition to all applicable encroachment, grading, subdivision, etc. inspection fees. These fees must be paid in full prior to release of any grading bonds.

29.Prior to the issuance of a building permit, the Applicant shall submit a grading and erosion control plan for any on-site drive aisle, parking space, sidewalk and/or other hardscape improvements. As applicable, the grading plan shall show the construction of all curb and gutter, asphalt and concrete pavement, sidewalk, storm drain, sewer and water systems (for reference only) and other improvements, and must include a horizontal control plan.

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30.Prior to release of any grading bonds, the Project must be completed to the reasonable satisfaction of the City Engineer. This includes completion of all punch list items, approved mylar as-builts, underground inspections (for storm drain systems, if any), required paperwork (such as soils reports, certifications, etc.). All associated permits will be considered active, until all items (including paperwork) have been completed to the reasonable satisfaction of the City Engineer. All permits must be current (not expired) at time of bond release. The Applicant is advised that there may be permit renewal fees if said permits have expired prior to completion of all above listed items.

31.AII grading and storm drain plans shall be prepared on City standard ARCH D size sheets by a licensed civil engineer and shall be submitted to the City Engineer for approval. All landscaping plans shall be prepared on City standard ARCH D size sheets by a licensed landscape architect and shall be submitted to the City Engineer for approval. All plans must be in substantial conformance with the approved site/concept plans. Plan check and inspection fees shall be paid by the Applicant in accordance with the City's fee schedule.

32.Prior to the release of any grading bonds, all grading, storm drain, and landscaping plans associated with the Project shall be as-built upon completion of the Project.

Once the as-built drawings are approved, the Applicant shall provide the City with a duplicate mylar of the plans and scanned TIFF files of all plans.

33.Prior to the issuance of a precise grading permit, all on-site improvement construction (parking lots, sidewalks, ramps, grading) shall be bonded for with the precise grading plan and permit.

34.Prior to the issuance of any grading permit, erosion control, demolition, and earth moving work shall be bonded for with the rough or precise grading plan and permit, whichever occurs first.

35.Prior to work in the public right-of-way, an encroachment permit shall first be obtained from the City Engineer. The City Engineer at his sole discretion may require the posting of an encroachment permit bond to guarantee the completion of work in the public right-of-way.

36.Perimeter fencing shall be installed that has green screen material or approved equal. The fence/screen material shall be properly maintained and be free of rips, tears, fraying, graffiti, and any other damage or vandalism.

37.Prior to the issuance of a precise grading permit, a plan for the placement and installation of traffic signing, pavement delineation, and other traffic devices on the subject property shall be prepared for review and approval by the City Engineer.

Parking stalls shall be striped according to City engineering standard plans, and stop signs along with stop legend bar shall be provided at all locations as specified by the City Engineer.

38.Grading of the subject property shall be in accordance with the City of Laguna Hills Grading Code and Manual (the City has adopted the use of the Orange County

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Grading Manual with modifications) and to the reasonable satisfaction of the City Engineer. Any grading required outside of the Project boundaries will require either slope easements or right-of-entry letters from the adjacent property owners.

39.Prior to the issuance of a grading permit, the following on site (private property) improvements shall be designed in a manner meeting the approval of the City Engineer:
• All provisions for surface drainage.
• All necessary storm drain facilities extending to a satisfactory point of disposal for the proper control and disposal of storm runoff.

40.The Applicant shall comply with all requirements of the Orange County Stormwater Program "Construction Runoff Guidance Manual" during the construction of the Project. The requirements contained in this manual shall be incorporated into the grading plans.

41.AII structural pavement sections for on-site and off-site streets, including all newly constructed or reconstructed parking lots, shall be submitted to and approved by the City Engineer. The soils engineer shall submit pavement section recommendations based on "R" Value analysis of the subgrade soils and approved City traffic indices. In no event shall the minimum pavement sections be less than the City's engineering standard plan minimum pavement sections.

42.Prior to the issuance of any grading permit, the Applicant shall provide a Certified Access Specialist (CASp) report reviewing existing pathways, sidewalks and access ramps for both on-site access and adjacent to the site access along the accessible pathways for compliance with the Americans with Disabilities Act (ADA) for approval by the City Engineer and the Building Official. Accessible pathways shall not include a path within any drive aisle, except as necessary to cross a drive aisle at 90° to the drive aisle. The CASp report shall include an implementation plan to correct all deficiencies noted and as reasonably approved by the City Engineer and the Building Official.

43.Prior to the issuance of a Certificate of Use and Occupancy, any sidewalk or pathway not in compliance with ADA standards and the CASp report, as approved by the City Engineer and the Building Official, shall be reconstructed to the City's standards.

44.Prior to the issuance of a grading permit, the Project plans shall denote that all concrete placed (i.e. sidewalk) that comes in contact with native soils shall contain Type V cement.

45.Prior to the issuance of a Certificate of Use and Occupancy, all uplifted, subsided or severely worn curb, gutter and sidewalk that fronts the Project in the public rightof-way shall be removed and replaced. This includes uplifted, subsided or severely worn curb and gutter and sidewalk that was in this condition prior to the start of construction. Limits of removal and replacement will not be marked out until immediately prior to occupancy so that all damage that occurred during construction can be included in the limits of replacement.

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46.Prior to the issuance of a Certificate of Use and Occupancy, all City street pavement restorations shall be completed to the reasonable satisfaction of the City Engineer.

47.If any asphalt pavement cuts are made into existing City roadways for the tie-in of utility connections, the subject roadway shall be ground down and overlaid from the gutter line to the centerline or median of the roadway and to the reasonable satisfaction of the City Engineer.

48.During the course of the Project construction, no public streets shall be utilized for temporary storage of any construction materials and no vehicles shall be offloaded of deliveries or filled with materials on any public street.

49.Prior to the issuance of any grading permits, a haul route plan for all exports/imports from/to the site shall be submitted for review and approval by, and to the reasonable satisfaction of, the City Engineer. The haul route shall not utilize any arterial highway prior to 9:00 am or after 4:00 pm daily. In addition, a construction vehicle routing plan shall be submitted for review and approval by, and to the reasonable satisfaction of, the City Engineer prior to any demolition or construction work. No construction equipment traffic shall access or depart the site during morning or evening traffic peak periods, which are 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m., Monday through Friday.

50.Prior to the issuance of a grading permit, a hydrology and hydraulic study (including off-site areas affecting the development) shall be prepared by a qualified civil engineer and approved by the City Engineer. The report shall include detailed drainage studies indicating how the grading, in conjunction with the drainage conveyance systems including applicable swales, channels, street flows, catch basins, storm drains, and flood water retarding, will allow building pads to be safe from inundation from rainfall runoff which may be expected from all storms up to and including the theoretical 100-year flood.

51.Prior to the issuance of grading permits or the approval of improvement plans, a recorded drainage acceptance letter for any concentration or increase of drainage runoff to adjacent properties shall be required.

52.Prior to the issuance of a Certificate of Use and Occupancy, any storm drains modified by the Project, if any, shall be inspected by the County of Orange Underground Inspection Team (The City will arrange for the inspection). There will be additional fees for this inspection.

53.Prior to the issuance of a Certificate of Use and Occupancy, "No Dumping - Drains to Ocean" shall be stenciled directly above any inlets or an approved stencil shall be used to paint this message on inlets.

54.All storm drain systems shall be designed and constructed in accordance with the County of Orange Local Drainage Manual, Orange County Public Works Standard Plans, and applicable City standard engineering plans.

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55.Prior to the issuance of any grading permit, evidence that proper clearances have been obtained from the San Diego Regional Water Quality Control Board such as the filing of a Notice of Intent to Discharge, shall be provided to the City Engineer.

If a permit is required, the Applicant will be required to prepare a Storm Water Pollution Prevention Plan.

56.Prior to the issuance of a Certificate of Use and Occupancy, catch basin filters shall be installed on all catch basins which drain the subject site, including any existing catch basins. Specification sheets shall be submitted to the City Engineer for approval prior to the installation of the filters.

57.AII projects, in conjunction with a grading permit, require the preparation of an erosion control plan in conformance with the City of Laguna Hills Grading and Excavation Code. All erosion control plans shall incorporate Best Management Practices to the maximum extent possible. In addition, erosion control shall be implemented during construction year-round.

58.Prior to the issuance of a Certificate of Use and Occupancy, the applicant shall subscribe to the City’s franchise waste hauler’s organics recycling service as required by State Senate Bill 1383. Further information can be found here:
https://www.ci.laguna-hills.ca.us/211/Recycling-For-Businesses

59.Prior to issuance of any precise grading permit, a Water Quality Management Plan (WQMP) shall be approved by the City Engineer. The WQMP shall be prepared in conformance with the City's WQMP Instructions and Template. The project design and construction shall comply with the requirements of the latest edition of the City's National Pollutant Discharge Elimination System (NPDES) Permit issued by the San Diego Regional Water Quality Control Board. Copies of the Permit may be downloaded from the Water Board's website at
www.waterboards.ca.gov/sandiego. This order and the City's NPDES Local Implementation Plan (LIP) require the City to classify this Project as a priority project. The Applicant will be responsible for complying with the "priority development project" requirements of this Permit, which requires the Project to incorporate source control BMPs and structural treatment BMPs. The Applicant is advised that there are additional plan check fees for the review of this document.

60.Prior to the issuance of a Certificate of Use and Occupancy, all water runoff from the site (including sheet flow), including existing areas, shall be required to be filtered with a water quality device approved by the City Engineer, prior to the discharge of the water to the street gutter or storm drain system. This may require the installation of trench drains around the gas station canopy to collect and treat sheet flow leaving the site.

61.Prior to the issuance of a Certificate of Use and Occupancy, the property owner shall furnish a recorded copy of a Maintenance Agreement outlining post construction Best Management Practices (BMP's) in accordance with the County of Orange Drainage Area Management Plan Appendix for New Development. The following non-structural BMP's are required to be implemented by the current

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property owner, and all subsequent property owners to satisfy National Pollution Discharge Elimination System requirements and requirements outlined in the Orange County Drainage Area Management Plan. A copy of these conditions of approval shall be provided to all subsequent property owners. The following BMP's will be required:
• Storage and Repair of Motor Vehicles - The property owner or lessee shall not allow motor vehicles stored on the premises to be washed on site, unless a car wash facility is proposed that is connected to the sanitary sewer system. Motor vehicles may be lightly rinsed (with no detergents, soaps, or surfactants) provided that de-ionized water is used sparingly and any runoff is diverted to a landscaped area or collected on-site and disposed of into the sanitary sewer system. Vehicles parked at this facility that show evidence of leaking fluids must be stored with drip pans located to catch the leakage and protected from mixing with stormwater. All hazardous pollutants spilled from stored vehicles shall be cleaned and picked up immediately with an appropriate "dry method" absorbent material and disposed of properly. All spills must be contained and cleaned up on the premises.
• Litter Control - The property owner or lessee will be required to implement trash management and litter control procedures in the common areas aimed at reducing pollution of drainage water. The property owner may contract with their landscape maintenance firm to provide this service with the regularly scheduled maintenance, which should consist of litter patrol, emptying of trash receptacles in common areas, and noting trash disposal violations and reporting the violations to the property owner for investigation.
• Trash Enclosures and Dumpsters - The property owner or lessee shall post signs on trash enclosure gates that state "Keep Dumpster Lids Closed." The property owner will monitor dumpster usage such that dumpsters are not overfilled and the dumpster lids can close completely. The property owner shall increase the trash pickup schedule as necessary to prevent dumpsters from overfilling.
• Landscape Maintenance - Ongoing maintenance must be consistent with the City's adopted water conservation ordinance, plus fertilizer and pesticide usage consistent with the "County Management Guidelines for Use and Fertilizers and Pesticides." Landscaping irrigation systems shall be adjusted and properly maintained to prevent over spray runoffs. • Green Waste Disposal - Green waste shall not be blown or swept into, or disposed of, in the street, gutter, public right-of-way, or storm drain catch basins or inlets. Leaf blowers, if used, shall be used to move green waste into piles so they can be swept and picked up and disposed of in green waste recycling containers.

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• Employee Training - The property owner or lessee shall prepare a training manual(s) for existing and future employees. The manual should include information on non-point source pollution and how to use proper Best Management Practices (BMPs) to minimize runoff pollutants. Training shall be provided upon hire and at regular intervals thereafter. • Catch Basin/Inlet Inspection - The property owner or lessee must inspect all catch basins/inlets on site and clean the catch basins, if necessary, prior to the storm season (no later than October 15 each year). • Lot/Street Sweeping - The property owner or lessee must sweep outdoor lots regularly (minimum monthly), and prior to the storm season (no later than October 15 each year). Sweeping shall be done with a vacuum-type sweeper. Under no circumstances are outdoor areas/lots to be rinsed or washed with water unless said rinse/wash water is collected and disposed of properly (i.e. into the sewer).
• Catch Basin Stenciling - All catch basins/inlets/outlets on site must be marked using the City's "No Dumping - Drains to Ocean" curb marker or stenciled using an approved stencil shall be used to paint this message on the top of curb directly above the inlet, and on one side of the curb face.

Labeling for catch basins is to be inspected regularly and maintained so as to be reasonably legible at all times. The inspection and maintenance is to be performed by the property owner. This stencil is to alert the public/employees to the destination of pollutants discharged into the storm water.
• BMP Maintenance - The property owner or lessee shall be responsible for implementation of each non-structural BMP and regularly scheduled cleaning of all BMP structural facilities (catch basin, storm drains, trash enclosures, etc.).
• Title 22 CCR Compliance - The property owner or lessee must comply with Title 22 of the California Code of Regulations and relevant sections of the California Health and Safety Code regarding hazardous waste management, which will be enforced by County Environmental Health on behalf of the State.
• Haz-Mat Disclosure Compliance - The property owner or lessee shall comply with County and City ordinances.
• Uniform Fire Code Implementation - The property owner or lessee shall comply with Article 80 of the Uniform Fire Code.
• Spill Response Plan/Kit- The property owner or lessee shall develop a spill response plan and maintain a spill response kit on site. Employees shall be properly trained to use the spill response kit. Owner shall maintain absorbent materials in the spill response kit to adequately contain any spills that can be anticipated (i.e. oil drips, engine coolant, etc.).

Resolution No. PA2024-XX-XX-X

4880-8362-3131, v. 1

62.Prior to the issuance of a precise grading permit, the Applicant shall provide plans and supporting documentation for the review and approval of the City Engineer showing that areas requiring regular washing/cleaning (including dumpster areas) are isolated from the storm drain system. No discharge from such areas shall be allowed into the storm drains. This plan may be incorporated into the WQMP.

63.Prior to the issuance of a precise grading permit, water and sewer improvement plans shall be approved by the appropriate water district and the City Engineer. All water and sewer facilities shall be constructed in accordance with the appropriate agency's specifications, with all incidental fees paid by the Applicant. These facilities shall be dedicated to the appropriate water district by the Applicant to the reasonable satisfaction of the City Engineer.

64.On-site water and sewer facilities that will not be maintained by Moulton-Niguel Water District shall be plan checked and inspected by the City's Building Department. All fees shall be paid in accordance with the City's fee schedule.

65.Any above ground valve assemblies or back-flow devices shall be placed on private property and an easement dedicated to Moulton-Niguel Water District.

66.Prior to the issuance of a Certificate of Use and Occupancy, any damage, either structural or aesthetic, to any public and/or private streets as a result of utility connections to service the Project shall be repaired by the Applicant to the reasonable satisfaction of the City Engineer. The improvements will not be accepted by the City until the necessary repairs are completed.

67.Any above ground utility cabinets shall be placed on private property and an easement dedicated to the appropriate utility company (if required).

68.No above ground utility structures, cabinets, pipes, or valves shall be constructed within the public right-of-way.

69.The maintenance of any landscaping between the curb and the right-of-way line of any street abutting the parcel shall be the responsibility of the owner of that parcel, unless a recognized association or district has assumed responsibility for said maintenance.

70.All landscape plans shall reflect all improvements shown on the final approved grading plans and building plans including, but not limited to, improvements such as ramps, walkways, driveways, planter areas, fire access lanes, ingress and egress, and appurtenances constructed to support the use of any improvements such as gates, handrails, fences, or walls.

PASSED, APPROVED AND ADOPTED this 10th day of September 2024.

Resolution No. PA2024-XX-XX-X

4880-8362-3131, v. 1
____________________________________

DAVE WHEELER, CHAIR
ATTEST:
______________________________________

JENNIFER LEE, CITY CLERK

Resolution No. PA2024-XX-XX-X

4880-8362-3131, v. 1

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF LAGUNA HILLS )
I, Jennifer Lee, City Clerk of the City of Laguna Hills, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. PA2024-X-X-X adopted by the Planning Agency of the City of Laguna Hills, California, at a Regular Meeting thereof held on the 10th day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
(SEAL)
_____________________________________

JENNIFER LEE, CITY CLERK

April 23, 2024
To: Mr. Jay Wuu: Planning and Community Development Department of the City of Laguna Hills, CA.

Dear Mr. Wuu,
ALICIA TOWN CENTER – FUEL STATION- LETTER OF JUSTIFICATION:

Introduction
The Alicia Town Center is an existing neighborhood shopping center anchored by Ralphs grocery store at the corner of Alicia Parkway and Paseo de Valencia. “ATC” consists of 65,808 square feet of retail, restaurants, bank, and grocery. The shopping center currently has 306 parking spaces in a surface lot in front of three buildings. In May of 2019, the City of Laguna Hills approved CUP/PUP 11-18-4383 establishing a Joint Parking Use Permit for ATC. This CUP/PUP demonstrated that even at peak hours, ATC has a surplus of over 100 available parking stalls at the center to accommodate existing uses as well as a wide range of potential proposed uses.

Why a Site Development Permit / CUP Is Needed?
The ATC site is already zoned for Community Commercial. The ownership and Ralphs would like to add a new Ralphs/Kroger fuel station to the hard corner of the site at Alicia Parkway and Paseo de Valencia.

The ownership will process all discretionary planning approvals, and Ralphs will prepare construction documents, process plan check, and construct the fuel center improvements. The existing Ralphs grocery store is 45,424 square feet and occupies approximately 70% of the shopping center’s leasable area. The proposed fuel station will replace 39 of the existing parking spaces located in the northwest corner of the center. The fuel station will cover approximately 0.71-acre, or 11% of the ATC site. Four parking stalls will be added in the rear loading area behind Ralphs grocery store for a net loss of 35 parking stalls for this project.

Findings
The proposed fuel center is consistent with the general plan for Community Commercial zoning. The overall 6.43-acre site is adequate in size and shape to accommodate the fuel use and integrate with the uses in the vicinity, which already include an existing fuel station and commercial center located Alicia Town Center
Aliso Equities, Ltd.
2901 W. Coast Highway, Suite 200
Newport Beach, CA 92663

2 diagonally across on Aicia Parkway and Paseo de Valencia. The adjacent uses have been considered and the proposed project will not adversely affect the surrounding properties. Per the City of Laguna Hills VMT guidelines, a local serving land use such as a fuel station provides services to the local community and offers residents the opportunity to fuel closer to home and work, thereby shortening trip lengths and vehicle miles traveled.

An Air Quality analysis, a Noise Impact assessment, and a Traffic and Queuing study are all part of this application submittal. These studies were performed by the highly qualified and respected firm of RK Engineering Group, in conjunction with a City of Laguna Hills preapproved scope of work. Regarding the Air Quality and Greenhouse Gas analysis, the proposed project has a favorable, less than significant impact on air quality. The project was evaluated against SCAQMD and CEQA standards and would not contribute to a cumulative, meaningful increase in cancer risk or TAC emissions. Construction design features such as dust control are recommended and will be implemented. The fuel station’s proposed annual gasoline throughput of 3.3 million gallons per year is well below the project’s maximum allowable throughput of 8 million gallons per year as calculated using the established SCAQMD safety thresholds applicable to this location.

Regarding the Noise Impact report, the proposed project is not expected to cause a substantial increase in noise levels in the vicinity from increased traffic volumes. Paseo de Valencia and Alicia Parkway are already classified as major arterial roadways and can accommodate the minor increase from the fuel station. During the construction phase, noise and vibration can be reduced with design features, such as no Sunday construction.

Traffic and queuing were also thoroughly evaluated. Peak traffic counts were conducted at three intersections: the main intersection of Alicia Parkway/Paseo de Valencia, the signalized driveway at Alicia Parkway at Community Center Drive, and the non-signalized driveway on Paseo de Valencia. The proposed project is forecast to generate approximately 1,290 net daily trips. All three intersections are forecast to continue to operate at an acceptable Level of Service during peak AM and PM hours with a free flow of traffic, and no improvements are recommended or required. Queuing was evaluated at two similar Southern California Kroger gas stations. No lines whatsoever were noted, apart from a single 5- minute interval which had two cars in line once during the two-day observation and counts. The ATC project site can fully accommodate a queue of two vehicles without blocking parking or drive aisles.

Furthermore, the City of Laguna Hills VMT guidelines identifies gas stations as a local serving land use which has a less than significant impact on VMT under CEQA requiring no further VMT analysis.

The fuel station’s design and construction have also been carefully evaluated and integrated to match the existing adjacent buildings and to meet the high standards of the City’s development code.

Architects Orange is the design firm for this submittal and was also the firm which designed the major remodel of ATC in 1997, shortly after ownership’s purchase. Using the same architectural firm ensures a high-quality continuity in aesthetic design. The new fuel center signage displaying gas prices will match

3 and mirror the existing approved sign criteria program. This commercial corner is suitable for the proposed development and meets the City’s general plan uses and design criteria.

Justification
The existing Ralphs grocery store is an asset to the Laguna Hills community, giving shoppers a quality, local supermarket choice at this location since 1977. This Ralphs directly serves the adjacent Community Center patrons and the nearby Laguna Hills High School. A new Ralphs fuel station would also give the Laguna Hills community a competitive choice for well-priced gas. Therefore, the completed project would provide for increased availability of a variety of goods and services within the neighborhood via a smallscale community center, which is the intent of the Community Commercial zoning district.

Upon City approval, Ralphs will construct all improvements at its expense, thereby making a substantial long-term investment in this location. Without the proposed fuel station, Ralphs’ long-term commitment to staying open in Laguna Hills is uncertain. The supermarket industry operates on very tight margins, and competition from on-line grocers and discount grocers makes it increasingly difficult for full-service grocery stores like Ralphs to survive. The added revenue and customer loyalty generated from a fuel station is a major incentive for Ralphs to remain in Laguna Hills at the ATC. The addition of the fuel center is a meaningful way for Ralphs to remain competitive with the new Amazon grocery store arriving in the trade area at the I-5 and Alicia Parkway. Ralphs can improve their customer loyalty through fuel incentives while providing some of the area’s best pricing. When the fuel center is approved, Ralphs will be making a significant investment in this location, which will help ensure that Ralphs remains in Laguna Hills at Alicia Town Center for many years to come.

Under a separate permit, Ralphs will also be adding EV charging to ATC, so that customers with either gas or electric cars have the local resources they need. Ralphs prioritizes adding EV charging to locations that have a fuel center, so this would be a big win for customers of all vehicle types. The addition of this fuel center to the Laguna Hills market will ensure this area has competitive fuel prices, which is so important given today’s inflationary pressures.

Please note that no additional curb cuts on either Alicia Parkway or Paseo de Valencia are requested as part of this application, and all entrance throats will remain unchanged. Ralphs’ patrons will utilize existing entries and exits at the shopping center to access the new fuel center, so traffic patterns and street access will not be altered by this project.

As mentioned above, in 2019, ownership followed the city planning department’s recommendations and processed a CUP/PUP related to the project’s parking. This approval included an in-depth parking analysis performed by RK Engineering Group’s traffic engineering department to document that ATC has a surplus of unused parking. The study followed standard ULI and engineering practice/guidelines for determining future parking demand for a neighborhood shopping center. This parking study, which was approved by the city’s CUP resolution, was updated in 2024 to account for the addition of the new fuel

4 station along with full tenant occupancy in the shopping center. Based on these updated results, the shopping center still showed a 70-parking stall surplus at peak times. Therefore, ATC can accommodate the fuel center and still maintain a meaningful parking surplus for the future.

Operations
Kroger began its fuel program in 1998 and has grown to now operate 1,650 fuel stations across the country and operates Ralphs, Fry’s, and Food 4 Less stations. Besides the major oil companies (Arco, Shell, etc.) Kroger is the largest provider of fuel in the U.S. Kroger’s operating standards and protocols are state of the art in the industry, following all Federal Regulatory Requirements of CFR 40, Part 280.

Some of these safety requirements that will be implemented at Alicia Town Center include double walled, non-corrosive, alarmed fuel tanks set in underground vaults, manholes with secondary containment, and continuously monitored leak detectors with automatic shutoffs. Ralphs adheres to the South Coast Air Quality Management District (SCAQMD) environmental requirements of Rule 461 and recovers any displaced vapors from the transfer process. Test records and reports are maintained and available for regulatory review.

In keeping with the existing grocery store’s delivery curfew hours of 10 PM to 7 AM, fuel delivery hours will only occur between 7 AM and 10 PM, so as not to disturb adjacent uses. During deliveries, the truck engine is shut off to unload. Fuel deliveries are gravity fed with no mechanical equipment involved in unloading. Any vapors are captured by secondary containment and fed back into the truck. All Kroger/Ralphs drivers and employees have extensive training in safety and equipment procedures. The proposed fuel station will have a manned kiosk from 5:30 AM to 10:00 PM, with pay at the pump for overnight hours.

Trash will be placed in receptacles at the fuel center, collected by Ralphs employees and disposed of in the existing trash area at the back of the supermarket. Trash is then collected by a local waste management vendor. Organics are backhauled to Ralphs’ Renewable Energy Facility at their Compton headquarters for processing where they’re able to create renewable energy through an on-site digester system. Kroger/Ralphs is Cal Recycle approved and meets regulations for collections and recycling SB1383, AB 1826, and AB 341.

5 Conclusion
In conclusion, Alicia Town Center has ample excess parking to accommodate the addition of a fuel station. No new curb cuts are requested, so traffic patterns will be unchanged. Design, construction materials, landscaping, signage, and lighting have all been provided as part of this submittal and will all meet the City’s high standards. Ralphs will make a long-term commitment to this location by investing their own capital to build the fuel center. The community of Laguna Hills will be well served with a topquality Ralphs grocery store with a convenient fuel center ensuring a wide variety of goods and services are provided to the neighborhood long into the future. The permit request is therefore justified.

Sincerely,
Monique Lacher, General Partner of Aliso Equities Ltd.

SHEET INDEX

PROPERTY OWNER/APPLICANT
ARCHITECT / LANDSCAPE ARCH.

CIVIL ENGINEER

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.

13. 14.

15. 16.

17. 18.

19. 20.

21. 22.

COVER SHEET

EXISTING SITE PLAN

PROPOSED OVERALL SITE PLAN

FUEL TANK PATH OF TRAVEL EXHIBIT

PROPOSED ENLARGED SITE PLAN

PROPOSED ENLARGED SITE PLAN - REAR PARKING

PROPOSED ELEVATIONS

PROPOSED ELEVATIONS - KIOSK

PROPOSED SITE DETAILS

PROPOSED MATERIALS & COLOR BOARD

PROPOSED RENDERINGS

FIRE MASTER PLAN COVER SHEET

PROPOSED FIRE MASTER PLAN

TREE REMOVAL PLAN / EXISTING SHRUB PLAN

PROPOSED OVERALL LANDSCAPE SITE PLAN

LANDSCAPE PLANTING PLAN

HYDROZONE PLAN & WATER CALCULATIONS

TREE CANOPY / SHADE PLAN

PLANTING IMAGERY

PRELIMINARY PHOTOMETRIC LIGHTING PLAN

PRELIMINARY GRADING PLAN

DRAINAGE DETAILS

UTILITY PLAN

ALISO EQUITIES, LTD
2901 W. COAST HWY., SUITE 200
NEWPORT BEACH, CA 92663
P: 714-715-0669
CONTACT: MONIQUE LACHER
EMAIL: [email protected]

AO ARCHITECTS
144 N. ORANGE ST.

ORANGE, CA 92866
P: 714-639-9860
CONTACT: SCOTT JONES
EMAIL: [email protected]
LANDSCAPE:

CONTACT: DIEGO ALESSI
EMAIL: [email protected]

KIMLEY-HORN
1100 W. TOWN & COUNTRY ROAD, SUITE 700
ORANGE, CA 92868
P: 714-939-1030
CONTACT: RYAN ALVAREZ
EMAIL: [email protected]

ENTITLEMENT PACKAGE

ALICIA TOWN CENTER

LAGUNA HILLS, CA

ALISO EQUITIES, LTD

PROJECT
SITE
AUGUST 2, 2024
CUP / Site Development Permit #0110-2022(Ralphs)
NOTES:
-AO ARCHITECTS AUTHORIZES PLANS TO BE PUBLISHED.
-SIGNAGE TO BE UNDER SEPARATE SUBMITTAL.

Scale
Job No.

Date

ALICIA TOWN CENTER
Laguna Hills, CA
2022-877
01 0 40’ 80’ 2024-06-18

EXISTING SITE PLAN
1” = 40’
Conditional Use Permit / Site Development Permit #0110-2022( Ralphs)

SITE DATA TABLE

EXISTING STORE AREA

EXISTING PARKING STALLS

EXISTING PARKING RATIO
65,808 SF
306

4.65 NOTE:

EV CHARGING STALLS TO BE UNDER FUTURE SEPARATE PERMIT

SHOP SPACE

SHOP SPACE
3,980 SF
16,404 SF
45,424 SF

ALISO EQUITIES, LTD

Scale
Job No.

Date

ALICIA TOWN CENTER
Laguna Hills, CA
2022-877
02 0 40’ 80’ 2024-06-18

PROPOSED OVERALL SITE PLAN
1” = 40’
Conditional Use Permit / Site Development Permit #0110-2022( Ralphs)

SITE DATA TABLE

EXISTING STORE AREA

EXISTING PARKING STALLS

PROPOSED STORE AREA

PROPOSED PARKING STALLS
65,808 SF
306
65,986 SF
271
NOTE:

EV CHARGING STALLS TO BE UNDER FUTURE SEPARATE PERMIT
D
D
M
S
S
S
S
S
D
D
M
M

M M M M
S
D
D
M
S
S
S
S
S
D
D
M
M

M M M M
S

ALISO EQUITIES, LTD
PROPOSED PROJECT SITE SIZE ±31,065 0.71

ALICIA PARKWAY

PASEO DE VALENCIA
RALPHS 2
2 WELLS
FARGO
SHOPS
LEGEND

PROJECT SITE

Scale
Job No.

Date

ALICIA TOWN CENTER
Laguna Hills, CA
2022-877
03 0 40’ 80’ 2024-06-18

FUEL TANK PATH OF TRAVEL EXHIBIT
1” = 40’
Conditional Use Permit / Site Development Permit #0110-2022( Ralphs) D
D
M
S
S
S
S
S
D
D
M
M

M M M M
S
WB-50 - Intermediate Semi-Trailer

ALISO EQUITIES, LTD

ALICIA PARKWAY

PASEO DE VALENCIA
RALPHS
WELLS
FARGO
SHOPS
LEGEND

FUEL TUCK PATH OF TRAVEL

Scale
Job No.

Date

ALICIA TOWN CENTER
Laguna Hills, CA
2022-877
04 0 10’ 20’ 2024-06-18

PROPOSED ENLARGED SITE PLANS
1” = 10’
Conditional Use Permit / Site Development Permit #0110-2022( Ralphs) MATCHLINE: SEE DETAIL HEREON.

MATCHLINE: SEE PLAN HERON.

KHA PROJECT
LEGEND

SITE DATA TABLE

CONSTRUCTION NOTES
Know what's below.

Call before you dig.

NORTH
MATCHLINE: SEE DETAIL HEREON.

DATE

AS SHOWN
CHECKED BY No.

SCALE

DESIGNED BY

DRAWN BY

KHA PROJECT
©

SHEET NUMBER
194307001
5/3/2024
RA
MJ
JG

ALICIA TOWN CENTER

RALPH'S FUEL
25539 PASEO DE VALENCIA DR,
LAGUNA HILLS, CA 92653

SITE DATA TABLE

CONSTRUCTION NOTES

SITE PLAN
NORTH
1 22
23 24
25 26

PROPOSED HAZARDOUS MATERIALS CABINET
DISPENSER ISLAND (TYP. 5 TOTAL)
CANOPY STEEL COLUMN WITH CONCRETE BASE (TYP. 5 TOTAL)
INVERTED U-SHAPED STEEL PIPE GUARD BOLLARD. SEE DET. 1/05. (TYP. 10 TOTAL) STEEL BOLLARD WITH SIGN AT KIOSK CORNERS. SEE DET. 4/05. (TYP. 4 TOTAL) SEE PAD DET. 2/05
SIGNAGE UNDER SEPARATE SUBMITTAL.

SEE PAD DET. 3/05
65,808 SF(EXISTING)
178 SF
306
271
. NOEREH IL ATED EES: E INL HCTA M
32’-8”
30’-6”
12’-6” 6’-6”
27’-8”
22 8
8 26
15 10
25 24
23 6’ WIDE PUBLIC

UTILITY EASEMENT
10’ STALL SETBACK.

EX. STALLS TO REMAIN.
10’
5 10 20
CORNER

CUTTOFF
AREA

ALISO EQUITIES, LTD

Scale
Job No.

Date

ALICIA TOWN CENTER
Laguna Hills, CA
2022-877
05 0 20’ 40’ 2024-06-18

PROPOSED ENLARGED SITE PLAN - REAR PARKING
1” = 20’
Conditional Use Permit / Site Development Permit #0110-2022( Ralphs) MATCHLINE: SEE PLAN HERON.
g.

MATCHLINE: SEE DETAIL HEREON.

DATE

AS SHOWN
CHECKED BY No.

SCALE

DESIGNED BY

DRAWN BY

KHA PROJECT
©

SHEET NUMBER
194307001
5/3/2024
RA
MJ
JG

ALICIA TOWN CENTER

RALPH'S FUEL
25539 PASEO DE VALENCIA DR,
LAGUNA HILLS, CA 92653

SITE DATA TABLE

CONSTRUCTION NOTES

SITE PLAN
NORTH
1 MATCHLINE: SEE DETAIL HEREON.

MATCHLINE: SEE PLAN HERON.

KHA PROJECT
LEGEND

SITE DATA TABLE

CONSTRUCTION NOTES
Know what's below.

Call before you dig.

NORTH
22 23
24 25
26 PROPOSED HAZARDOUS MATERIALS CABINET
DISPENSER ISLAND (TYP. 5 TOTAL)
CANOPY STEEL COLUMN WITH CONCRETE BASE (TYP. 5 TOTAL)
INVERTED U-SHAPED STEEL PIPE GUARD BOLLARD. SEE DET. 1/05. (TYP. 10 TOTAL) STEEL BOLLARD WITH SIGN AT KIOSK CORNERS. SEE DET. 4/05. (TYP. 4 TOTAL) SEE PAD DET. 2/05
SEE PAD DET. 3/05
SIGNAGE UNDER SEPARATE SUBMITTAL.
65,808 SF(EXISTING)
178 SF
306
271

ALISO EQUITIES, LTD

Scale
Job No.

Date

ALICIA TOWN CENTER
Laguna Hills, CA
2022-877
06 0 8’ 16’ 2024-06-18

PROPOSED ELEVATIONS
1/8” = 1’-0”

EMERGENCY

SHUT-OFF
SWITCH
14 1 15
2 16
12 8280 E. GELDING DRIVE SUITE 101, SCOTTSDALE, ARIZONA 85260 WWW. AZSEG.COM TEL. 480.588.7226 FAX 480.259.3534

EMERGENCY

SHUT-OFF
SWITCH
1 2
16 Conditional Use Permit / Site Development Permit #0110-2022( Ralphs)

ACM PANEL FASCIA - ALCOA REYNOBOND
MATCH COLOR SW 8917 “SHELL WHITE”

STONE TO MATCH EXISTING
SHOPPING CENTER. FOG

SOUTHERN LEDGE STONE
#CSV-2028.

NORTH
WEST
EAST
SOUTH
F
F

MATCH PAINT COLOR - SHERWIN WILLIAMS
SW 8917 “SHELL WHITE”
VINYL FILM - 3M SERIES 7125
MATCH COLOR SW 7667 “ZIRCON”

MATCH PAINT COLOR - SHERWIN WILLIAMS
SW 4081 “SAFTEY RED”

STAINLESS STEEL METAL FORMS

NOT PAINTED

STONE TO MATCH EXISTING SHOPING CENTER
SIGNAGE UNDER SEPARATE SUBMITTAL.

NOT USED

NOT USED
STORAGE CABINET PAINTED TO MATCH WALL BEHIND, WITH CUSTOM VINYL DECAL TO MATCH STONE.

F
10B
F
F
±8’-3”
10 10
10 10
10 10
. ACM PANEL.
. ACM PANEL.
. ACM PANEL.
. STUCCO FINISH
. STUCCO FINSIH
. STUCCO FINSIH
STEEL COLUMN.

ALISO EQUITIES, LTD

Scale
Job No.

Date

ALICIA TOWN CENTER
Laguna Hills, CA
2022-877
07 0 2’ 4’ 2024-06-18

PROPOSED ELEVATIONS - KIOSK
1/2” = 1’-0”
Conditional Use Permit / Site Development Permit #0110-2022( Ralphs)

EMERGENCY

SHUT-OFF
SWITCH
14 1 15
2 16
12 8280 E. GELDING DRIVE SUITE 101, SCOTTSDALE, ARIZONA 85260 WWW. AZSEG.COM TEL. 480.588.7226 FAX 480.259.3534

EMERGENCY

SHUT-OFF
SWITCH
1 2
16 ACM PANEL FASCIA - ALCOA REYNOBOND
MATCH COLOR SW 8917 “SHELL WHITE”

STONE TO MATCH EXISTING
SHOPPING CENTER. FOG

SOUTHERN LEDGE STONE
#CSV-2028.

F

MATCH PAINT COLOR - SHERWIN WILLIAMS
SW 8917 “SHELL WHITE”
VINYL FILM - 3M SERIES 7125
MATCH COLOR SW 7667 “ZIRCON”

MATCH PAINT COLOR - SHERWIN WILLIAMS
SW 4081 “SAFTEY RED”

STAINLESS STEEL METAL FORMS

NOT PAINTED

STONE TO MATCH EXISTING SHOPING CENTER

NOT USED

NOT USED
STORAGE CABINET PAINTED TO MATCH WALL BEHIND, WITH CUSTOM VINYL DECAL TO MATCH STONE.

EMERGENCY

SHUT-OFF
SWITCH
1 2
16 ACM PANEL FASCIA - ALCOA REYNOBOND
MATCH COLOR SW 8917 “SHELL WHITE”

STONE TO MATCH EXISTING
SHOPPING CENTER. FOG

SOUTHERN LEDGE STONE
#CSV-2028.

F

MATCH PAINT COLOR - SHERWIN WILLIAMS
SW 8917 “SHELL WHITE”
VINYL FILM - 3M SERIES 7125
MATCH COLOR SW 7667 “ZIRCON”

MATCH PAINT COLOR - SHERWIN WILLIAMS
SW 4081 “SAFTEY RED”

STAINLESS STEEL METAL FORMS

NOT PAINTED

STONE TO MATCH EXISTING SHOPING CENTER

NOT USED
. ACM PANEL.
. ACM PANEL.
. ACM PANEL.
. STUCCO FINISH
. STUCCO FINSIH
. STUCCO FINSIH
STEEL COLUMN.

STORAGE CABINET PAINTED TO MATCH WALL BEHIND, WITH CUSTOM VINYL DECAL TO MATCH STONE. 14 1 15
2 16
12 14
1 15
2 16
12 14
1 15
2 16
12 F

NORTH WEST
2 2
10 SIGNAGE UNDER SEPARATE SUBMITTAL.

NOT USED

ALISO EQUITIES, LTD

Scale
Job No.

Date

ALICIA TOWN CENTER
Laguna Hills, CA
2022-877
08 2024-06-18

PROPOSED SITE DETAILS
N.T.S.

Conditional Use Permit / Site Development Permit #0110-2022( Ralphs) 4 - BOLLARD POST
N.T.S.
1 - U-SHAPED BOLLARD
N.T.S.
3 - SYMBOL OF ACCESSIBILITY
N.T.S.
2 - AIR COMPRESSOR AND WATER UNIT PAD
N.T.S.
8280 E. GELDING DRIVE SUITE 101, SCOTTSDALE, ARIZONA 85260 WWW. AZSEG.COM TEL. 480.588.7226 FAX 480.259.3534
REGULAR MID-GRADE DIESEL #2

ALICIA TOWN CENTER

ELEVATION

SIDE VIEW
PLAN

ALISO EQUITIES, LTD

Scale
Job No.

Date

ALICIA TOWN CENTER
Laguna Hills, CA
2022-877
09 2024-06-18

PROPOSED MATERIALS & COLOR BOARD
N.T.S.

Conditional Use Permit / Site Development Permit #0110-2022( Ralphs) A
A D
B E
C F
B
C
D
E
F

MATERIALS / COLOR LEGEND

ACM PANEL FASCIA - ALCOA REYOBOND
MATCH COLOR SW 8917 “SHELL WHITE”

MATCH PAINT COLOR - SHERWIN WILLIAMS
SW 8917 “SHELL WHITE”
VINYL FILM - 3M SERIES 7125
MATCH COLOR SW 7667 “ZIRCON”

MATCH PAINT COLOR - SHERWIN WILLIAMS
SW 4081 “SAFETY RED”

STAINLESS STEEL METAL FORMS

NOT PAINTED
STONE TO MATCH EXISTING SHOPPING CENTER.

FOG SOUTHERN LEDGE STONE #CSV-2028.

ALISO EQUITIES, LTD

Scale
Job No.

Date

ALICIA TOWN CENTER
Laguna Hills, CA
2022-877
10 2024-06-18

PROPOSED RENDERINGS
N.T.S.

Conditional Use Permit / Site Development Permit #0110-2022( Ralphs)

A - VIEW FROM ALICIA PARKWAY

A - EXISTING VIEW KEY PLAN

B - EXISTING VIEW

B - VIEW FROM PASEO DE VALENCIA

ALISO EQUITIES, LTD

ALICIA PARKWAY

PASEO DE VALENCIA
A
B

Scale
Job No.

Date

ALICIA TOWN CENTER
Laguna Hills, CA
2022-877
11 2024-06-18

FIRE MASTER PLAN COVER SHEET
N.T.S.

Conditional Use Permit / Site Development Permit #0110-2022( Ralphs) DATE

AS SHOWN
CHECKED BY No.

SCALE

DESIGNED BY

DRAWN BY

KHA PROJECT
©

SHEET NUMBER
194307001
5/3/2024
RA
MJ
JG

ALICIA TOWN CENTER

RALPH'S FUEL
25539 PASEO DE VALENCIA DR,
LAGUNA HILLS, CA 92653 NORTH

FIRE MASTER PLAN
SHEET 2

ORANGE COUNTY FIRE AUTHORITY

OCFA REVIEW AND INSPECTIONS (OCFA USE ONLY)

NO OCFA REVIEW REQUIREDPLAN REVIEW ONLYPLAN REVIEW AND INSPECTION COMMUNITY RISK REDUCTION - PLANNING AND DEVELOPMENT SECTION LICENSE NO. EXP. DATE CHECKED:

DATE:

SCALE:
4 3
2 1
NO. DATE
DESIGNED:DRAWN:
7 65

ORANGE COUNTY FIRE AUTHORITY

VICINITY MAP

FIRE MASTER PLAN

OCFA STANDARD FIRE MASTER PLAN NOTES

OCFA STAMP

SERVICE REQUEST NUMBER
SHEET
1 5/3/2024
JACOB S. GLAZE
R.C.E 87934

ALISO EQUITIES, LTD

Scale
Job No.

Date

ALICIA TOWN CENTER
Laguna Hills, CA
2022-877
12 0 40’ 80’ 2024-06-18

PROPOSED FIRE MASTER PLAN
1” = 40’
Conditional Use Permit / Site Development Permit #0110-2022( Ralphs) DATE

AS SHOWN

SCALEDESIGNED BYDRAWN BY

KHA PROJECT
©

SHEET NUMBER
194307001
5/3/2024
RA
MJ

ALICIA TOWN CENTER

RALPH'S FUEL
25539 PASEO DE VALENCIA DR,
LAGUNA HILLS, CA 92653
LEGEND
NORTH

FIRE WATER NOTES

FIRE MASTER PLAN
SHEET 2
DATE

AS SHOWN
CHECKED BY No.

SCALE

DESIGNED BY

DRAWN BY

KHA PROJECT
©

SHEET NUMBER
194307001
5/3/2024
RA
MJ
JG

ALICIA TOWN CENTER

RALPH'S FUEL
25539 PASEO DE VALENCIA DR,
LAGUNA HILLS, CA 92653 NORTH

FIRE MASTER PLAN
SHEET
2 OVERALL PROPERTY LINE

FIRE LANE

ALISO EQUITIES, LTD

Scale
Job No.

Date

ALICIA TOWN CENTER
Laguna Hills, CA
2022-877
13 0 10’ 20’ 2024-08-02

TREE REMOVAL PLAN / EXISTING SHRUB PLAN
1” = 10’-0”
Conditional Use Permit / Site Development Permit #0110-2022( Ralphs)

ALISO EQUITIES, LTD
Scale
Job No.

Date

ALICIA TOWN CENTER
Laguna Hills, CA
2022-877
L02
0 10’ 20’ 2024-05-10
1"=10'-0"
Conditional Use Permit / Site Development Permit #0110-2022( Ralphs)

TREE REMOVAL PLAN/EXISTING SHRUB PLAN

EXISTING TREE LEGEND

SYMBOL BOTANICAL NAME

COMMON NAME NOTES
T1 CUPANIOPSIS ANACARDIOIDES

CARROTWOOD

TO REMAIN

PROTECT IN-PLACE
T2 CUPANIOPSIS ANACARDIOIDES

CARROTWOOD

TO REMAIN

PROTECT IN-PLACE
T3 CUPANIOPSIS ANACARDIOIDES

CARROTWOOD TO BE REMOVED
T4 CUPANIOPSIS ANACARDIOIDES

CARROTWOOD TO BE REMOVED
T5 CUPANIOPSIS ANACARDIOIDES

CARROTWOOD TO BE REMOVED
T6 CUPANIOPSIS ANACARDIOIDES

CARROTWOOD TO BE REMOVED
T7 CUPANIOPSIS ANACARDIOIDES

CARROTWOOD TO BE REMOVED
T8 MELALEUCA QUINQUENERVIA

PAPERBARK TREE

TO REMAIN

PROTECT IN-PLACE
T9 MELALEUCA QUINQUENERVIA

PAPERBARK TREE

TO REMAIN

PROTECT IN-PLACE
T10 MELALEUCA QUINQUENERVIA

PAPERBARK TREE

TO REMAIN

PROTECT IN-PLACE
T11 CUPANIOPSIS ANACARDIOIDES

CARROTWOOD

TO REMAIN

PROTECT IN-PLACE
T12 CUPANIOPSIS ANACARDIOIDES

CARROTWOOD

TO REMAIN

PROTECT IN-PLACE
T13 CUPANIOPSIS ANACARDIOIDES

CARROTWOOD TO BE REMOVED
T14 CUPANIOPSIS ANACARDIOIDES

CARROTWOOD TO BE REMOVED
T15 CUPANIOPSIS ANACARDIOIDES

CARROTWOOD

TO REMAIN

PROTECT IN-PLACE
T16 CUPANIOPSIS ANACARDIOIDES

CARROTWOOD

TO REMAIN

PROTECT IN-PLACE
P1 PHOENIX ROEBELENII

PYGMY DATE PALM

TO REMAIN

PROTECT IN-PLACE
P2 PHOENIX ROEBELENII

PYGMY DATE PALM

TO REMAIN

PROTECT IN-PLACE
T1
T2
T3
T4
T5
T6
T7
T8
T9
T10
T11
T12
T13
T14

ALICIA PARKWAY

PASEO DE VALENCIA
P1
P2

LIMIT OF WORK

LIMIT OF WORK
T15
T16

ALISO EQUITIES,
LTD

INTERNAL TURF AREA

TO BE REMOVED
±2,790 SF (YELLOW DASH)

PERIMETER TURF AREA

TO BE REMOVED
±4,550 SF (GREEN DASH)

KEYNOTE LEGEND
1 PROPERTY LINE
2 EXISTING LANDSCAPING TO REMAIN - TYPICAL
3 EXISTING PUBLIC SIDEWALK TO REMAIN - TYPICAL
4 EXISTING MONUMENT SIGN TO REMAIN - PROTECT IN-P
5 EXISTING RETAINING WALL AT TRANSFORMER TO REMA

PROTECT IN-PLACE
6 EXISTING ELECTRICAL TRANSFORMER AND PAD TO REM

PROTECT IN-PLACE
7 EXISTING LIGHT POST TO REMAIN - PROTECT IN-PLACE
8 PROPOSED CAST-IN-PLACE CONCRETE RAMP PER CIVIL
9 PROPOSED PARKING STALLS PER CIVIL - TYPICAL
10 PROPOSED MONUMENT SIGNAGE PER OTHER
11 PROPOSED PLANTING AREA - REFER TO PLANTING PLAN F

AND SHRUB INFORMATION
12 EXISTING PARKING STALLS TO REMAIN - PROTECT IN-PL
13 EXISTING CURB TO REMAIN - PROTECT IN-PLACE
14 EXISTING PUBLIC BENCH AT BUS STOP TO REMAIN -

PROTECT IN-PLACE
15 PROPOSED VENT RISER PER CIVIL
16 GENERAL DESIGN NOTES

1. FINAL LANDSCAPE PLANS SHALL ACCURATELY SHOW PLACEME
TREES, SHRUBS, AND GROUNDCOVERS.

2. LANDSCAPE ARCHITECT SHALL BE AWARE OF UTILITY, SEWER,

DRAIN EASEMENT AND PLACE PLANTING LOCATIONS ACCORDING
MEET CITY OF LAGUNA HILLS REQUIREMENTS.

3. ALL REQUIRED LANDSCAPE AREAS (INCLUDING PUBLIC RIGHTSHALL BE MAINTAINED BY OWNER. THE LANDSCAPE AREAS SHAL MAINTAINED PER CITY OF LAGUNA HILLS REQUIREMENTS.

4. ALL IMPROVEMENTS WITHIN THE PUBLIC RIGHT-OF-WAY, INCLU

STREET TREESSHALL BE INSTALLED PER THE PUBLIC IMPROVEM

ALICIA PARKWAY

PASEO DE VALENCIA

PROPOSED GAS STATION
3 2
8 1
7 9
11 14
6 5
1 4
7 8
10 4

PROJECT SUMMARY
PROJECT SITE AREA 31,065 S.F. (.71 AC)
PROPOSED SOFTSCAPE IMPROVEMENTS 6,278 SF
PROPOSED HARDSCAPE IMPROVEMENTS 40,823.45
LANDSCAPE COVERAGE 20.2%

TURF AREA TO BE REMOVED

PERIMETER TURF AREA

INTERNAL TURF AREA

TOTAL TURF AREA TO BE REMOVED
±4,550 SF
±2,790 SF
±7,340 SF