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HomeMy WebLinkAbout2022-05-24 - AGENDA REPORTS - TESORO PRE-ANNEXATION AGMNTO Agenda Item: 1 1. CITY OF SANTA CLARITA AGENDA REPORT PUBLIC HEARINGS CITY MANAGER APPROVAL: A,1 DATE: May 24, 2022 SUBJECT: CONSIDERATION OF A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND BLC TESORO, LLC, INCLUDING CONSIDERATION OF THE PARTICIPATION IN THE STATE OF CALIFORNIA BOLD PROGRAM AND DEDICATION OF OPEN SPACE TO THE CITY OF SANTA CLARITA DEPARTMENT: Community Development PRESENTER: Patrick Leclair RECOMMENDED ACTION City Council: 1. Receive the staff report, presentation, and conduct the public hearing; 2. Authorize the City Manager or designee to enter into a Pre -Annexation Agreement between the City of Santa Clarita and BLC Tesoro, LLC; 3. Authorize the City Manager or designee to enter into an Open Space Maintenance and Management Agreement with BLC Tesoro, LLC, for the dedication of approximately 770 acres of land to the City, including executing all documents associated with the on -going maintenance of the property; and 4. Adopt a resolution authorizing BLC Tesoro, LLC, to pursue the use of the Bond Opportunities for Land Development program through the California Municipal Finance Authority to levy special taxes for the Tesoro Highlands development, and authorize the City Manager or designee to execute the associated documents. BACKGROUND In 2010, the City initiated annexation proceedings for the communities of Copperstone, West Creek, and Tesoro del Valle. At that time, the communities of West Creek and Tesoro del Valle indicated they needed additional time to work with Los Angeles County (County) to perfect their Page 1 Packet Pg. 12 O entitlements. The City Council voted to proceed with the annexation of the Copperstone community, and reevaluate the annexation of West Creek and Tesoro del Valle at a later date. The Copperstone Annexation was completed in June 2012. In 2016, the developer of the West Creek community informed the City they were interested in proceeding with annexation to the City. In April 2016, the City Council authorized the annexation application to be filed with Local Agency Formation Commission (LAFCO) for the annexation of the West Creek community. The West Creek Annexation was completed in October 2016. On November 7, 2018, the County approved Vesting Tentative Tract Map (VTTM) 51644-1 (Tesoro Highlands) to allow the subdivision of 1,274.6 acres of land into 811 lots, including 696 single-family residence lots, 9 multi -family residence lots developed with 124 detached condominium units, 15 debris basin lots, 12 water quality basin lots, 3 water tank lots, 1 helipad lot, 5 senior recreation area lots, 1 senior recreation center lot, 6 linear park lots, 9 private park lots, 1 private recreation center lot, 29 open space lots, and 24 private driveway/private and future street lots, for a total of 820 residential dwelling units. The entirety of the Tesoro Highlands project is located within the Tesoro del Valle Annexation area. Following County approval in 2018, the developer of the Tesoro Highlands project informed the City they were interested in proceeding with the annexation. On November 12, 2019, the City Council approved the Tesoro del Valle Annexation (Master Case 19-115) and directed staff to submit an annexation application to LAFCO. The Tesoro del Valle Annexation consists of approximately 1,786 acres of land, generally located along the City's northern boundary north of Copper Hill Drive, west of San Francisquito Canyon Road, south of the Angeles National Forest, and east of the community of West Hills, in unincorporated Los Angeles County. The annexation includes the existing developed portions of the Tesoro del Valle community, along with the entitled Tesoro Highlands project. A map of the annexation area is attached. On January 28, 2020, the City submitted an annexation application to LAFCO. The application is currently being reviewed by LAFCO, and the City anticipates the annexation to be complete by November 30, 2022. PROPOSED PROJECT The project proposed for the City Council's consideration at this time includes the following: 1. Pre -Annexation Agreement - an agreement to clarify how annexation affects the entitled Tesoro Highlands project upon annexation. 2. Open Space Management and Maintenance Agreement - an agreement to transfer approximately 770 acres of open space to the City. 3. Participation in the State of California Bond Opportunities for Land Development (BOLD) Program - acknowledgment of the Tesoro Highlands intention to finance portions of their infrastrucutre and development impact fees through the BOLD Program Page 2 Packet Pg. 13 O administered by the State of California through the formation of a Community Facilities District (CFD). PRE -ANNEXATION AGREEMENT In accordance with Section 17.27.100 of the Unified Development Code (UDC), the City Council may, at its sole discretion, enter into a Pre -Annexation Agreement (Agreement) and agree to specific terms and conditions prior to annexation to the City, accepting the development standards associated with an entitlement issued by the County for a development project, including permitted uses, parking, setbacks, floor area ratio, signage, architectural design elements, right-of-way improvements, landscaping, hillside development, and/or other standards determined by the City Council. BLC Tesoro, LLC (Owner), has agreed to the terms of the Agreement. The following is a summary of the major points in the Agreement: 1. The Owner agrees to support the annexation; 2. The City agrees to recognize and continue to treat County approvals, which are part of VTTM 51644-1 and its associated entitlements, as a vested right, provided the project is not substantially modified consistent with UDC Section 17.09-Minor Permit Modifications; 3. The City accepts permitted uses, parking, setbacks, right-of-way improvements, landscaping, hillside development, and other elements approved by the County as part of VTTM 51644-1; 4. The Owner is responsible for the construction and widening of Copper Hill Drive and the Bridge over San Francisquito Creek. The Owner will make a payment to the City to fund the design/permitting review and construction management of this improvement. This payment will be applied against the Bridge & Thoroughfare fee for the project. The timeline is expected to be nine months to complete the construction, and must be complete prior to the first Certificate of Occupancy in the Tesoro Highlands; 5. The Owner agrees to offer approximately 770 acres of open space for dedication to the City, with 712 acres initially and 58 acres in a future dedication. The City understands a portion of the open space being dedicated to the City is required habitat mitigation as part of the County approvals and will have restricted use, and the City shall determine, at its sole discretion, if it will accept the open space offered for dedication by the applicant; 6. The Owner will construct multi -use trail connections from their existing terminus at the Copper Hill Bridge on the east and west end of the bridge. The connections will extend the trails to Copper Hill Drive. If the Owner is unable to acquire the necessary property to construct the extensions, the City will commence proceedings to acquire the property at the Owner's expense; 7. The City agrees to accept all public trails within VTTM 51644-1 and maintain said trails to City standards, including trails required by County approvals, and including the Cliffie Page 3 Packet Pg. 14 O Stone Trail and the Outpost East Trailhead that will be transferred to the City upon annexation; 8. The City understands the Owner intends to form a Mello -Roos CFD through the BOLD Program to finance up to $38 million in public improvements and development impact fees. In addition, the CFD will fund an initial stewardship cost of $59,000 to the City, with an ongoing annual assessment to provide a $50,000 per year (with annual Consumer Price Index (CPI) increases) to the City for management and maintenance of the open space that is being dedicated to the City in the Tesoro Highlands; and 9. The Owner agrees to form a Drainage Benefit Assessment Area to maintain water quality devices within the existing development that will not be transferred to the Los Angeles County Flood Control District. OPEN SPACE DEDICATION As a part of the approval of the Tesoro Highlands project, the Los Angeles County Board of Supervisors required that the Owner find an entity to take ownership of, and provide permanent maintenance of, the open space within the development. The Owner has offered to dedicate the property to the City and has been working with City staff to craft the necessary agreements to transfer ownership to the City. The total open space to be dedicated to the City is approximately 770 acres and will be dedicated to the City in two phases. An approximate 712-acre portion of the open space will be donated to the City initially. Portions of this property will have some environmental mitigation areas the Owner will be required to complete in coordination with other agencies. The City will inherit ongoing responsibilities for these mitigation areas after the initial five-year establishment periods have been completed. An approximate 58-acre portion of the open space will be dedicated to the City once grading and development activities have been completed. This area has been reserved for future dedication to ensure that the total development and grading work can be completed, and the final dedication will include only the balance of open space without any manufactured slopes. To fund the ongoing maintenance of the 770 acres of open space, the Owner was conditioned by the County to provide an on -going funding source. The initial year funding includes $59,000, with ongoing annual funding equal to a minimum of $50,000, plus an annual CPI escalator. The Owner will coordinate the annual funding as a special assessment through the CFD established through the BOLD Program administered by the state. CFD/BOLD PROGRAM Introduction At the request of the Owner, staff has been provided information regarding the BOLD Program offered by the California Municipal Finance Authority (CMFA). Specifically, the Owner is proposing to leverage the BOLD Program to finance $38 million of governmental obligations. A breakdown is provided below: Page 4 Packet Pg. 15 O • $19.7 million to fund storm drain improvements for County Flood Control District • $11.2 million to fund Bridge & Thoroughfare fees • $4.5 million to fund certain street improvements • $2.5 million to fund sewer fees for County Sanitation District California Municipal Finance Authority The City is a member of California Municipal Finance Authority (CMFA), a state-wide Joint Powers Authority (JPA) whose members are numerous public entities throughout California. CMFA has the authority to issue bonds to meet its mission of supporting economic development, job creation, and social programs throughout the state, while giving back to California communities. By supporting member communities and their local charities with a portion of the revenue generated through the issuance of tax-exempt bonds for public, private, and non-profit entities, CMFA is able to directly contribute to building strong communities to support the health and welfare of the residents of California. BOLD Program The CMFA recognizes that new residential development often challenges the mission of municipalities to provide infrastructure and schools, since new development triggers the need to construct, acquire, or otherwise provide additional public facilities to accommodate that growth. The BOLD Program offers a means to finance new or continuing construction of infrastructure and public facilities through bonds CMFA issues as an alternative to issuance of land -secured bonds directly by a public entity. The BOLD Program is designed to help local government municipalities, schools, and land developers throughout the state work together to cost- effectively finance public infrastructure projects and development fees. Under the BOLD Program, bonds are issued by a CFD formed by CMFA under the Mello -Roos Community Facilities Act (the Act) of 1982 (California Government Code Section 53311 et seq.). The Act offers great financing flexibility and is commonly used by cities, schools, and other local agencies throughout the state to generate funds for the payment of public facilities, including development fees for facilities. The BOLD Program is handled by a team of bond industry professionals with significant experience in CFDs in the state. All have highly specialized expertise in CFD bond issuance and sales, and are consistently ranked among the top firms in the field. In addition, if the City desires to use a municipal advisor of its own choosing to review the BOLD Program application and/or other BOLD Program documents, it may do so, with all related costs payable from bond proceeds. Specifically, the BOLD Program uses Jones Hall for bond counsel, Koppel & Gruber for special tax consulting services, and Piper Sandler & Co. for underwriting services. Although the CFD would be formed within the City's jurisdiction, little involvement is required. The City Council is only required to take a single action to approve participation in the BOLD Program; thereafter, CMFA will work with staff to ensure the BOLD Program is meeting any goals the City sets. CMFA and its consultant team will form and approve the CFD. The CMFA will issue bonds on behalf of the CFD and will use the services of a special tax consultant and administrator to create the special tax formula and administer, levy, and collect the special taxes. Page 5 Packet Pg. 16 O By working directly with developers, the BOLD Program facilitates financing for infrastructure and fee obligations of developers, covering a broad range of development cost obligations necessary for new development imposed by municipalities, including both facilities and/or impact fees. Using the BOLD Program alleviates staff time constraints and allows staff to focus on other aspects of processing land development projects. The Owner and CMFA have agreed to include within the formation of the CFD a separate service special tax over the project to be levied in perpetuity to fund the management and maintenance of the open space described in the Pre -Annexation Agreement. This will generate a minimum of $50,000 per year in revenue, as described in an Open Space Management and Maintenance Agreement to be entered into by the City and the developer. This will be evaluated each year and may increase, based on the CPI. Formation of the CFD requires the establishment of the annual special tax rates. The formula for computing special tax rates will be included in the resolutions to be adopted as part of the CFD formation proceedings. Typically, the formula will include a basic, undeveloped land tax with an increase in rate and shifting of the tax to developed lands at building permit stage. The total amount of taxes on developed land generally will not exceed 2 percent of its market value in its completed state, per industry standards. Bonds are issued through CMFA, with little involvement from local agencies needed for the issuance process. The City will need to approve the use of a CFD to acquire public facilities and the financing thereof and enter into an acquisition or similar agreement to receive the bond proceeds and meet the general requirements to maintain the tax exemption of interest on the bonds. The CMFA adopts the resolutions needed to authorize and issue the special tax bonds and awards the sale to the bond underwriter. Once the bond issuance occurs, bond proceeds are available for disbursement. The proceeds are held by a bond trustee and are not directly paid to the developer, but are available as directed by the developer and approved by the local agency to be used to meet obligations to the City, according to the structure and timing required for development approvals. Pursuant to an acquisition agreement or similar document, the City will determine and agree to its role in inspecting and accepting infrastructure and/or payment of financed impact fees. The CFD may be formed early in the development process, with issuance of bonds at a later time or in multiple series. The following are the typical criteria for bond issuance. • Minimum 4:1 value -to -debt ratio overlapping (assessed or appraised) • No discretionary approvals required for build -out of the portion of the CFD directly relating to the bond security • Entitlements received that are necessary for phase to be bonded • Financing plan for backbone infrastructure complete or imminent and/or a performance bond is in place Credit criteria will be reviewed by the underwriting team on a case -by -case basis to assure reasonable interest rates at the time of issuance. Additionally, similar credits can be pooled Page 6 Packet Pg. 17 O together into a single bond issue, with pooling flexibility assuring the most cost-effective bond issuance for each project. Administration of all aspects of the BOLD Program is handled by CMFA, without cost to or burden on the City. Federal regulations require annual disclosures to bond investors of information related to the bonds and the development project. The BOLD Program administrators will handle this continuing disclosure reporting in consultation with developers. The CMFA shares a portion of its issuance fees directly with its member communities. In addition, a grant from a portion of the issuance fee is made to the California Foundation for Stronger Communities to fund charities designated by the member communities. A portion of the annual fees received by CMFA are in turn directed to charitable activities within California communities, particularly those of members and participating local government agencies. This unique commitment to give back directly to the communities in which they operate sets CMFA apart from other JPA conduit issuers. Tax-exempt municipal bonds are sold through an offering document known as an Official Statement, which describes to potential purchasers of the bonds the terms, security, and repayment of the bonds, as well as details about the property securing the bonds. Since prior to home sales, the land is owned by the developer entity(ies), relevant information for the Official Statement needs to describe the developer and the development plan. The financing team will work with the developer to provide the required information and approve the final language to be provided to prospective bond buyers. California law requires developers to disclose to home buyers the lien of any CFD special tax which will be present on the purchased property. The form of disclosure is simple and becomes part of the various sale documents presented to buyers for signature prior to a home sale. ANNEXATION NEXT STEPS Staff is coordinating with Los Angeles County and LAFCO to have the annexation of the Tesoro del Valle community to the City completed in November 2022. Additional public hearings before the LAFCO board are required in the fall to ensure this is completed in November. ALTERNATIVE ACTION Other action as directed by the City Council. FISCAL IMPACT Annexation of the Tesoro del Valle area would generate a neutral/no-net fiscal impact to the City of Santa Clarita. Execution of the Open Space Maintenance and Management Agreement would result in a minimum of $50,000 annually to the City in order fund maintenance costs associated with the dedicated open space. Page 7 Packet Pg. 18 O ATTACHMENTS Public Hearing Notice Resolution - Authorizing Participation in the BOLD Program Annexation Boundary Map Pre -Annexation Agreement Open Space Management and Mainenance Agreement Pre -Annexation Agreement Exhibits (available in the City Clerk's Reading File) OSMMA Exhibits (available in the City Clerk's Reading File) Page 8 Packet Pg. 19 1.a CITY OF SANTA CLARITA COMMUNITY DEVELOPMENT DEPARTMENT 23920 Valencia Boulevard, Suite 302 Santa Clarita, CA 91355 NOTICE OF PUBLIC HEARING PROJECT: Master Case 19-115: Consideration of a Pre -Annexation Agreement and City participation in the BOLD program for the Tesoro Highlands development PROJECT LOCATION: 1,274.6 acres located north of Copper Hill Drive and west of San Francisquito Canyon Road, within the Tesoro del Valle Annexation area. PROJECT APPLICANT: BLC Tesoro LLC. PROJECT DESCRIPTION: On November 7, 2018, Los Angeles County (County) approved VTTM 51644-1 (Tesoro Highlands), to allow for the subdivision of 1,274.6 acres of land into 811 lots, including 696 single-family residence lots, nine multi -family residence lots developed with 124 detached - condominium units, 15 debris basin lots, 12 water quality basin lots, three water tank lots, one helipad lot, five senior recreation area lots, one senior recreation center lot, six linear park lots, nine private park lots, one private recreation center lot, 29 open space lots, and 24 private driveway/private and future street lots, for a total of 820 residential dwelling units. The entirety of VTTM 51644-1 is located within the Tesoro del Valle Annexation area, approved by the City Council on November 12, 2019. In order to better understand how annexation will affect the approved project, BLC Tesoro LLC, has requested a Pre - Annexation Agreement with the City of Santa Clarita. hi accordance with Section 17.27.100 of the City's Unified Development Code, a public hearing is required. In addition, the applicant is requesting the City of Santa Clarita conduct a public hearing with respect to the proposed participation by the City of Santa Clarita (the "Local Agency") in the Bond Opportunities for Land Development ("BOLD") program of the California Municipal Finance Authority ("CMFA"). Participation in said program will enable the property owner of the Tesoro Highlands development to finance public capital improvements and/or development impact fees for public capital improvements imposed on new development within the boundaries of the Local Agency. Said public capital improvements, if financed, will be among the public capital improvements required in connection with the Tesoro Highlands development. The public capital improvements include the extension of Avenida Rancho Tesoro and the payment of Bridge and Thoroughfare development impact fees and will be of a type and nature authorized under the Mello -Roos Community Facilities Act of 1982 (California Government Code section 53311 et seq.). Participation is said program does not itself authorize the Local Agency to impose additional public capital improvements or new or additional development impact fees on any property owner. The City of Santa Clarita City Council will conduct a public hearing on this matter on the following date: DATE: May 24, 2022 TIME: At or after 6:00 p.m. LOCATION: City of Santa Clarita, Council Chambers 23920 Valencia Boulevard, First Floor Santa Clarita, CA 91355 Packet Pg. 20 1.a If you wish to challenge the action taken on this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or written correspondence delivered to the City of Santa Clarita, at or prior to, the public hearing. For further information regarding this proposal, please contact the case planner at the City of Santa Clarita Clerk's Office by appointment, 23920 Valencia Boulevard, Suite 120, Santa Clarita, CA 91355. Telephone: (661) 255-4330. E-mail: pleclair@santa-clarita.com. Mary Cusick, MMC City Clerk Published: The Signal, May 3, 2021 Packet Pg. 21 1.b RESOLUTION NO. 22- A RESOLUTION OF THE CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AUTHORIZING USE OF THE BOND OPPORTUNITIES FOR LAND DEVELOPMENT PROGRAM, AND AUTHORIZING THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY TO ACCEPT APPLICATION FROM BLC TESORO, LLC, CONDUCT PROCEEDINGS AND LEVY SPECIAL TAXES FOR TESORO HIGHLANDS, WHICH IS SUBJECT TO A PRE -ANNEXATION AGREEMENT WITH THE CITY OF SANTA CLARITA PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 AS AMENDED, AND AUTHORIZING RELATED ACTIONS WHEREAS, the California Municipal Finance Authority (CMFA) is a joint exercise of powers authority, the members of which include numerous cities, counties, and other local agencies in the State of California (State); and WHEREAS, City of Santa Clarita (City) is currently a member of CMFA in good standing; and WHEREAS, the CMFA has established the Bond Opportunities for Land Development Program (BOLD Program) to allow the financing of certain public facilities and/or certain development impact fees that finance public facilities, as specified in a Pre -Annexation Agreement or Acquisition Funding Agreement (Improvements), owned, operated, or maintained by local agencies in the State through the levy of special taxes under the Mello -Roos Community Facilities Act of 1982, as amended (Act); and WHEREAS, the CMFA from time to time may be requested by owners of land within the City, or to be annexed to the City, to use the BOLD Program for the financing of Improvements related to new development within the City or that is subject to a Pre -Annexation Agreement, which Improvements will be financed through the BOLD Program in connection with such new development; and WHEREAS, the City desires to allow BLC Tesoro, LLC, the owner of property that is currently within a non -incorporated portion of the City but which is subject to a pre -annexation agreement (Participating Developer), to participate in the BOLD Program and to allow the CMFA to conduct proceedings under the Act to form a Community Facilities District (CFD) under the Act, to levy special taxes within such CFD, and to issue bonds secured by such special taxes under the Act to finance the Improvements, provided that such Participating Developer voluntarily agrees to participate and consents to the levy of such special taxes and the issuance of such bonds; and WHEREAS, the City will not be responsible for the conduct of any proceedings under the Act for the formation of any CFD, the levy or collection of special taxes for any CFD, or any required remedial action in the case of delinquencies in any special tax payments, or the issuance, sale, or administration of any bonds issued in connection with the BOLD Program; and Page 1 of 3 Packet Pg. 22 1.b WHEREAS, the City finds that the BOLD Program offered by the CMFA can provide significant public benefits, and in conformance with Government Code Section 6586.5 relating to the issuance of bonds by a Joint Powers Authority of which the City is a member, notice was published at least five days prior to the adoption of this resolution at a public hearing, which was duly conducted by this City Council concerning the significant public benefits of the BOLD Program and the bond financing of the Improvements from time to time. NOW THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. The use of the BOLD Program, in connection with the financing of Improvements for the Participating Developer and its Tesoro Highlands project, is hereby authorized and approved. SECTION 2. The City hereby finds and declares that the issuance of bonds by the CMFA, in connection with the BOLD Program, will provide significant public benefits, including without limitation, savings in effective interest rate, bond preparation, bond underwriting, and bond issuance costs, and the more efficient delivery of local agency services to residential and commercial development within the City. SECTION 3. The City Council hereby approves the Joint Community Facilities Agreement (JCFA) between the City and CMFA, attached hereto as Exhibit A, and the Acquisition Funding Agreement among the City, CMFA, and BLC Tesoro, LLC, attached hereto as Exhibit B. and authorizes the City Manager to execute each on behalf of the City with such changes, additions, or deletions as may be approved by the City Manager and City Attorney. The City hereby finds that the JCFA and Acquisition Funding Agreement will be beneficial to the residents of the City. SECTION 4. The appropriate officials and staff are hereby authorized and directed to allow and approve BOLD Program participation available to the Participating Developer who is required to install public improvements and/or the payment of fees in connection with the development of Tesoro Highlands in the City, and to advise the Participating Developer requesting participation in the BOLD Program that the City has approved the BOLD Program, provided the CMFA shall be responsible for providing applications and processing of documentation and related materials at its own expense. This resolution shall evidence the official intent of the City to reimburse itself for its incurred costs of Improvements from the proceeds of tax-exempt obligations issued by CMFA as part of the BOLD Program for the Tesoro Highlands project. SECTION 5. This resolution shall take effect immediately upon its adoption. The Clerk of the City Council is hereby authorized and directed to transmit a certified copy of this resolution to the Secretary of the CMFA. Page 2 of 3 Packet Pg. 23 1.b PASSED, APPROVED, AND ADOPTED this 24th day of May, 2022. MAYOR ATTEST: CITY CLERK DATE: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF SANTA CLARITA ) I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution No. 22- was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 24th day of May, 2022, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK Page 3 of 3 Packet Pg. 24 1.b EXHIBIT A FORM OF JOINT COMMUNITY FACILITIES AGREEMENT CMFA BOLD PROGRAM Joint Community Facilities Agreement by and between CMFA and City of Santa Clarita Relating to the Tesoro Highlands project in the City This Joint Community Facilities Agreement (this "Agreement"), dated as of 2022, by and between the California Municipal Finance Authority, a joint exercise of powers authority duly organized and existing under the Constitution and laws of the state of California (the "CMFA"), and the City of Santa Clarita, a municipal corporation and general law city, duly organized and existing under the Constitution and laws of the state of California (the "City," and together with CMFA, the "Parties"). WI TNESSETH: WHEREAS, CMFA intends to conduct proceedings under the Mello -Roos Community Facilities Act of 1982 (California Government Code section 53311 et seq.) (the "Act") to form a community facilities district (the "CFD") for the Tesoro Highlands project ("Tesoro Highlands") to finance certain public facilities, Bridge and Thoroughfare development impact fees used for capital improvements, net of applicable credits (the "B&T Fees"), and certain services authorized to be financed under the Act (the "CFD Improvements," the "B&T Fees," and the "CFD Services," respectively) as part of its Bond Opportunities for Land Development ("BOLD") program; WHEREAS, the CFD Improvements, B&T Fees and CFD Services will be described in the resolution of formation for the CFD but shall include CFD Improvements to be acquired by the City, B&T Fees and CFD Services for the City as set forth on Exhibit A hereto (the "City Improvements," the "B&T Fees" and the "City Services," respectively); WHEREAS, CMFA intends to utilize the proceeds of sale of special tax bonds of the CFDs (the "Bonds") to finance some or all of the City Improvements and B&T Fees; WHEREAS, under Section 53316.2 of the Act, CMFA may form a CFD to, among other things, finance the City Services, City Improvements and B&T Fees, provided that CMFA and the City enter into a joint community facilities agreement such as this Agreement; and WHEREAS, City is willing to cooperate with CMFA in accomplishing the financing of the City Services, City Improvements and B&T Fees pursuant to the Act, and to confer upon the CMFA full power to provide financing (i) for the City Services with the proceeds of a special tax of the CFD levied for such purpose (the "Services Special Tax") and (ii) for the City Improvements and B&T Fees with the proceeds of special taxes levied for such purpose (the "Facilities Special Tax") and the proceeds of Bonds; Packet Pg. 25 1.b WHEREAS, this Agreement is made under the authority of Section 53316.2 of the Act; and WHEREAS, in consideration for the mutual undertakings of the Parties stated herein, the Parties agree as follows: AGREEMENT.- 1 . Administration of CFD and Issuance of Bonds by CMFA. CMFA shall administer the CFD, including employing and paying all consultants, annually levying the Services Special Tax and Facilities Special Tax and paying and administering the Bonds, and complying with all state and federal requirements appertaining to the proceedings establishing the CFD and issuing and using the proceeds of the Bonds, including the requirements of the United States Internal Revenue Code of 1986, as amended (the "Code"). In addition, the rate and method of apportionment of special tax for the CFD shall take into account the City's policies, if any, regarding overall projected tax rates on properties in the City and account for any special taxes and/or assessments anticipated to be levied by the City on properties within the CFD. 2. Agreement to Hold Special Taxes and Bond Proceeds. CMFA shall establish two separate funds, accounts or subaccounts designated the "City Services Project Fund" and the "Acquisition and Project Fund." The Services Special Taxes shall be deposited in the City Services Project Fund and the Facilities Special Taxes and proceeds of Bonds available to fund the City Improvements and B&T Fees shall be deposited in the Acquisition and Project Fund. CMFA shall disburse, or cause to be disbursed, moneys on deposit in the City Services Project Fund only as provided herein. CMFA shall disburse, or cause to be disbursed, moneys on deposit in the Acquisition and Project Fund as provided in the Acquisition Funding Agreement to be entered into by and among CMFA, the City and BLC Tesoro LLC (the "Acquisition Agreement"). 3. Use of Services Special Tax for City Services. The City acknowledges that the City Services may be financed through the levy of the Services Special Taxes of the CFD formed by CMFA as part of the BOLD program. CMFA shall transfer the Services Special Taxes to the City within 10 (ten) business days of receipt for use by the City as Stewardship Funds pursuant to the Open Space Agreement dated as of by and between the City and (as such term is defined in the Open Space Agreement). 4. Disbursements from City Services Project Fund. Moneys on deposit in the City Services Project Fund shall be disbursed to the City by wire transfer of immediately available funds or by check payable to the City's bank account number at a bank located within the United States on file with CMFA as part of the BOLD program, unless another method of payment is requested in writing by the City. 5. Purchase of City Improvements and Payment of B&T Fees. The City Improvements shall be acquired by the City and the B&T Fees paid or reimbursed in accordance with the Acquisition Agreement. Neither CMFA nor any of its agents shall be responsible for inspection or review of any such documents relating to financed City Improvements or improvements funded with the B&T Fees (collectively, the "Improvements"), unless set forth in the Acquisition Agreement. 6. Covenants. The City covenants to own, and for the entire useful life of the Improvements, reasonably expects to own, all of the Improvements financed by the CFD. 2 Packet Pg. 26 1.b To the extent any of the Improvements are sold to an entity that is not a state or local government, the City will seek the advice and approval of bond counsel to CMFA for the BOLD program prior to any such sale. The City will not allow any of the Improvements to be used (for example, by lease or other contract) in the trade or business of any nongovernmental persons (other than in their roles as members of the general public). All of such Improvements will be used in the performance of essential governmental functions of the City or another state or local government agency. The average expected useful life of such Improvements is at least five years. The representations and covenants contained in this paragraph are intended to support the conclusion that the interest paid on the bonds issued to finance the Improvements is excluded from gross income for federal income tax purposes under Section 103 of the Internal Revenue Code of 1986 (the "Code"). 7. Amendments. This Agreement may be amended by a writing signed by the Parties, including to update Attachment #1 to this Exhibit, to reflect additional or different City Services and/or City Improvements and/or B&T Fees to be financed through the BOLD program from time -to -time. 8. Term of this Agreement. This Agreement shall be in full force and effect from this date to and including its termination by mutual written agreement of the parties hereto. CMFA agrees to terminate this agreement upon request of the City upon delivery to CMFA of an opinion Bond Counsel to the effect that the termination of this Agreement will not adversely affect the exclusion from gross income of interest on the Bonds for federal income tax purposes. 9. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. [Signatures on Following Page] 3 Packet Pg. 27 1.b IN WITNESS WHEREOF the Parties have caused this Agreement to be executed by their authorized representatives as of the effective date stated above. CM FA: CITY: CALIFORNIA MUNICIPAL CITY OF SANTA CLARITA FINANCE AUTHORITY in Al Authorized Signatory Name: Title: 4 Packet Pg. 28 1.b ATTACHMENT #1 DESCRIPTION OF CITY SERVICES, CITY IMPROVEMENTS, and B&T FEES 1. The City Services to be funded with the proceeds of the Services Special Taxes shall include the operation and maintenance of open space. 2. The City Improvements shall include: the extension of Avenido Ranch Tesoro ("A" Street") improvements as further described in the Acquisition Funding Agreement. 3. The B&T Fees shall include the Bridge and Thoroughfare development impact fees imposed and collected by the City pursuant to City Ordinance No. as it may be amended or superseded, net of applicable credits. #201798 v6 9202.2 Packet Pg. 29 1.b EXHIBIT B ACQUISITION FUNDING AGREEMENT California Municipal Finance Authority Special Tax Revenue Bonds BOLD Program Community Facilities District No. THIS ACQUISITION AGREEMENT ("Agreement") is made and entered into on this day of , 2022 ("Effective Date") among BLC Tesoro LLC, a Delaware limited liability company (the "Developer"), the California Municipal Finance Authority ("Authority"), and the City of Santa Clarita, California ("City"). RECITALS A. On , 2022, the governing board of the Authority adopted Resolution No. (the "Resolution") forming Community Facilities District No. ( ) (the "CFD") and designating Improvement Area No. 1 and Improvement Area No. 2 therein (each, an "Improvement Area"), under the provisions of the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2, Title 5, of the Government Code of the State of California (the "Act"). The Authority is authorized to levy special taxes upon land within each Improvement Area (the "Facilities Special Taxes") and issue bonds secured by the Facilities Special Taxes (the "Bonds") in one or more series for each Improvement Area to provide financing for infrastructure and other public capital improvements to be owned, operated or maintained by the City and other public agencies, including the County of Los Angeles ("County") and the Santa Clarita Valley Sanitation District of Los Angeles County (the "Sanitation District"). The boundaries of the CFD and each Improvement Area are illustrated on Exhibit A hereto; and B. In connection with the CFD, the Developer applied to the Authority and the City for the financing of (i) certain public capital improvements as further described in Exhibit B hereto to be constructed by, or on behalf of, the Developer and owned, operated or maintained by the City (the "Acquisition Improvements") and (ii) Bridge and Thoroughfare fees payable in conjunction with development within the CFD, net of applicable credits (the "Financed Fees" and, with the Acquisition Improvements, the "Improvements"). C. The City has conducted proceedings to annex all of the property in the CFD into the City. Such annexation will become effective (the "Annexation Effective Date"). Upon the Annexation Effective Date, certain public capital improvements of the County identified in Exhibit B will also be deemed Acquisition Improvements of the City and shall be eligible for financing pursuant to this Agreement. D. The CFD is authorized to levy Facilities Special Taxes and issue Bonds, in one or more series, within each Improvement Area to fund, among other things, all or a portion of the costs of the Improvements. Collectively, for all Improvement Areas, the portion of the proceeds of the Facilities Special Taxes (including prepayments) and Bonds allocable to the cost of the -6- Packet Pg. 30 1.b Improvements, together with interest earned thereon, is referred to herein as the "Available Amount." E. From the Available Amount, the CFD will provide financing for (i) the payment of the Acquisition Price (as defined herein) of the Acquisition Improvements and (ii) the advance payment or reimbursement of the Financed Fees. Attached hereto as Exhibit B is a description of the Acquisition Improvements that are eligible to be acquired from the Developer. F. The parties anticipate that pursuant to this Agreement the Developer may be reimbursed for costs of the Acquisition Improvements and, subject to the terms and conditions of this Agreement, the City will acquire the completed Acquisition Improvements. G. Any and all monetary obligations of the Authority arising out of this Agreement are the special and limited obligations of the Authority payable only from the Available Amount, and no other funds whatsoever of the Authority or the City shall be obligated therefor under any circumstances. H. In consideration of the formation of the CFD and the issuance of the Bonds, and the mutual covenants, undertakings and obligations set forth below, the City, the Authority and the Developer agree as stated below. I. Attached to this Agreement are Exhibit A (Map of CFD Boundary), Exhibit B (Description of Acquisition Improvements), Exhibit C (Actual Cost Certificate), Exhibit D (Disbursement Request Form), and Exhibit E (Bidding, Contracting and Construction Requirements for Acquisition Improvements), all of which are incorporated into this Agreement for all purposes. AGREEMENT NOW, THEREFORE, in consideration of the faithful performance of the terms and conditions set forth in this Agreement, the parties hereto agree as follows: 1. Incorporation of Recitals. The foregoing Recitals are true and correct and are hereby incorporated into and form a material part of this Agreement. 2. Effect on Other Agreements. Nothing in this Agreement shall be construed as affecting the Developer's or the City's duty to perform their respective obligations under any other agreements (including the Development Documents defined below), land use regulations or subdivision requirements related to the Project, which obligations are and shall remain independent of the Developer's and the City's rights and obligations under this Agreement. 3. Definitions. As used herein, including the Recitals and all Exhibits, the following capitalized terms shall have the meanings ascribed to them below: "Acceptable Title" means free and clear of all monetary liens, encumbrances, assessments, whether any such item is recorded or unrecorded, and taxes, except (i) those items which are reasonably determined by the Director not to interfere with the intended use and therefore are not required to be cleared from the title and (ii) the lien of the CFD or any other community facilities district or assessment district provided that the property owned by the City is exempt from such taxation or assessment. -7- Packet Pg. 31 1.b "Acquisition and Project Fund" means the "CMFA CFD ( ) Acquisition and Project Fund" established and held by the Authority pursuant to the Resolution and Section 5.2 hereof for the purpose of paying the Acquisition Price of the Acquisition Improvements and the Financed Fees. "Acquisition Improvement" means a public capital improvement, including an Eligible Portion thereof as described in Section 5.6 hereof, described in Exhibit B, as may be amended from time to time. "Acquisition Price" means the total amount eligible to be paid to the Developer from the Available Amount upon acquisition of an Acquisition Improvement or Eligible Portion thereof, as provided in Sections 5.6 and 5.7, not to exceed the Actual Cost of the Acquisition Improvement. "Act" means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2, Title 5, of the Government Code of the State of California. "Actual Cost" means the total paid cost of an Acquisition Improvement or Eligible Portion thereof, as documented by the Developer to the satisfaction of the Administrator in an Actual Cost Certificate including, without limitation, (a) the Developer's cost of constructing such Acquisition Improvement or Eligible Portion thereof, including a portion of the grading costs in the amount attributable to Acquisition Improvements, as determined by the Administrator, labor, material and equipment costs, (b) the Developer's cost of designing and engineering the Acquisition Improvement, preparing the plans and specifications and bid documents for such Acquisition Improvement, and the costs of inspection, materials testing and construction staking for such Acquisition Improvement, (c) the Developer's cost of any performance, payment and maintenance bonds and insurance, including title insurance, required hereby for such Acquisition Improvement, (d) the Developer's cost of environmental evaluation or mitigation required for such Acquisition Improvement to the extent approved by the City, (e) the amount of any fees, such as permit and plan processing fees relating directly to the Acquisition Improvement, and (f) the Developer's construction management costs in an amount equal to 5% of the eligible hard construction cost, as determined by the Administrator. "Actual Cost Certificate" means a certificate prepared by the Developer in substantially the form shown in Exhibit C detailing the Actual Cost of an Acquisition Improvement or Eligible Portion thereof, to be acquired hereunder, as may be revised by the Director pursuant to Section 5.6. "Administrator" means Francisco & Associates, Inc., as the acquisition consultant and auditor for the Authority. "Agreement" means this Acquisition Agreement, dated as of 2022, by and among the City, the Authority, and the Developer. "Authority" means the California Municipal Finance Authority. "Authority Trust Agreement" means a trust agreement, indenture or fiscal agent agreement entered into by the Authority and an Authority Trustee or Fiscal Agent in connection with the issuance of a series of Bonds on behalf of the CFD for an Improvement Area. -8- Packet Pg. 32 1.b "Authority Trustee" means the financial institution identified as trustee or fiscal agent in an Authority Trust Agreement. "Available Amount" shall have the meaning assigned to the term in Recital D. "Board of the Authority" means the Board of Directors of the California Municipal Finance Authority. "Bonds" means bonds or other indebtedness issued in one or more series by the Authority that are to be repaid with Facilities Special Taxes levied in an Improvement Area. "City" means the City of Santa Clarita, California. "Code" means the Government Code of the State of California. "City Resolution" means City Resolution No. adopted , 2022 titled "CFD" shall have the meaning assigned to the term in Recital A. "Developer" means BLC Tesoro LLC, a Delaware limited liability company, and its successors and assigns. "Development Documents" means, as applicable, one or more of the following: (i) an improvement agreement between the Developer and the City concerning an Acquisition Improvement; (ii) improvement plans submitted by the Developer to the City concerning an Acquisition Improvement; (iii) a pre -annexation agreement between the City and Developer; or (iv) any other agreement with the County or City or condition of development concerning an Acquisition Improvement or Financed Fee. "Director" means the Director of Public Works of the City or his/her designee or representative (which may include a third party person or entity providing services on behalf of the Director) who will be responsible for administering the acquisition of the Acquisition Improvements hereunder. "Disbursement Request Form" means a requisition for payment of funds from an Acquisition and Project Fund for an Acquisition Improvement or an Eligible Portion thereof or with respect to Financed Fees in substantially the form contained in Exhibit D. "Eligible Portion" shall have the meaning ascribed to it in Section 5.6 below. "Facilities Special Taxes" means annual special taxes, and prepayments thereof, authorized by the CFD to be levied by the Board of the Authority within any Improvement Area to pay for the Improvements. "Financed Fees" means Bridge and Thoroughfare development impact fees imposed pursuant to City Ordinance No. as it may be amended or superseded, net of applicable credits. "Improvement Area" means, as the context requires, Improvement Area No. 1 or Improvement Area No. 2. -9- Packet Pg. 33 1.b "Improvement Area No. 1" means Improvement Area No. 1 of the CFD. "Improvement Area No. 2" means Improvement Area No. 2 of the CFD. "Improvements" means the Acquisition Improvements and Financed Fees. "Installment Payment" means an amount equal to ninety percent (90%) of the Acquisition Price of an Eligible Portion. "Project" means the development of the property in the CFD or offsite improvements serving property in the CFD, including the design and construction of the Acquisition Improvements. "Title Documents" means, for each Acquisition Improvement acquired hereunder, a grant deed or similar instrument necessary to transfer title to any real property or interests therein (including easements), or an irrevocable offer of dedication of such real property with interests therein necessary to the operation, maintenance, rehabilitation and improvement by the City of the Acquisition Improvement (including, if necessary, easements for ingress and egress) and a bill of sale or similar instrument evidencing transfer of title to the Acquisition Improvement (other than said real property interests) to the City, where applicable. 4. Purpose; Effective Date. 4.1. Purpose. The purpose of this Agreement is to provide financing for the Acquisition Improvements and Financed Fees from the Available Amount for all Improvement Areas in the CFD. 4.2. Effective Date. The Effective Date of this Agreement shall be as set forth in the preamble above. 4.3. Acquisition Improvements. Notwithstanding anything to the contrary, the Acquisition Improvements and Financed Fees are authorized to be financed by Bonds and Facilities Special Taxes from each and every Improvement Area, and the Acquisition Improvements may be located anywhere, regardless of the Improvement Area from which such Bonds and Facilities Special Taxes are derived. 5. CFD. 5.1. Establishment of CFD. Pursuant to the City Resolution, the City authorized the Authority to form the CFD to finance the Improvements, subject to certain conditions being met. The CFD has been established by the Authority, and through the successful landowner election held in conformance with the Act, the Board of the Authority is authorized to levy the Facilities Special Taxes and to issue the Bonds to finance the Improvements. Developer, the City and the Authority agree to reasonably cooperate with one another in the completion of the financing through the issuance of the Bonds in one or more series for any Improvement Area. 5.2. Deposit and Use of Available Amount. 5.2.1. Acquisition and Project Fund Held by Authority -10- Packet Pg. 34 1.b CMFA shall establish two separate funds, accounts or subaccounts designated the City Services Project Fund and the Acquisition and Project Fund. Prior to the issuance of the first series of Bonds for an Improvement Area, Facilities Special Taxes collected by the Authority (including from prepayments of Facilities Special Taxes) shall be deposited in the Acquisition and Project Fund established by the Authority for that Improvement Area and may be disbursed to pay the Acquisition Price of Acquisition Improvements or Eligible Portions thereof and to pay or reimburse Financed Fees in accordance with this Agreement. All funds in the Acquisition and Project Fund shall be considered a portion of the Available Amount, and upon the issuance of the first series of Bonds for such Improvement Area, the Acquisition and Project Fund shall be transferred to the Authority Trustee to be held in accordance with the Authority Trust Agreement. 5.2.2. Acquisition and Project Fund Held by Trustee Upon the issuance of the first series of Bonds for an Improvement Area, the Authority will cause the Authority Trustee to establish and maintain a separate Acquisition and Project Fund for the purpose of holding all funds derived from that Improvement Area for the financing of Improvements. Separate subaccounts may be established for each issue of Bonds. All earnings on amounts in an Acquisition and Project Fund shall remain in such Acquisition and Project Fund for use as provided herein and pursuant to the applicable Authority Trust Agreement. Money in each and every Acquisition and Project Fund shall be available to respond to delivery of a Disbursement Request Form and to be paid to the City or its designee or the Developer or its designee to pay the Acquisition Price of the Acquisition Improvements or Eligible Portion thereof to the extent the Acquisition Price has not previously been paid from Available Amount and to pay or reimburse Financed Fees. Upon completion of all of the Acquisition Improvements and the payment of all costs thereof and the payment or reimbursement of all Financed Fees, any remaining funds in each Acquisition and Project Fund (less any amount determined by the City as necessary to reserve for claims against the account) that are not required to fund other CFD eligible items of the County or Sanitation District (i) shall be applied to pay the costs of any additional Acquisition Improvements eligible for acquisition and, to the extent not so used, (ii) shall be applied by the Authority to call Bonds or to reduce Facilities Special Taxes as the Authority shall determine. 5.3. Letting and Administering Design Contracts. The Developer has awarded and administered, or will award and administer, engineering design contracts for the Acquisition Improvements. All eligible expenditures for design engineering and related costs in connection with the Acquisition Improvements shall be reimbursed upon a request for payment made pursuant to Section 5.6 hereof, as reviewed and approved by the Director. Requests for reimbursement for solely design engineering and related costs prior to construction of an Acquisition Improvement shall not exceed 10% of the estimated construction costs of said Acquisition Improvement, as reviewed and approved by the Director. Requests received in excess of 10% of the estimated construction costs of said Acquisition Improvement shall include justification and related documentation for review, with determination of costs in excess of 10% to be made by the Director based on the extent to which hard improvements have been completed or are reasonably expected to be completed. Such reimbursement may also include certain indirect costs of the Developer related to establishment of the CFD and the design and construction of the Acquisition Improvements; provided that the Administrator shall determine the amount to be so reimbursed on the basis of detailed itemizations of costs provided by Developer and the decision of the Administrator shall be final. Where a specific contract has been awarded for design or engineering work relating solely to an Acquisition Improvement or Acquisition Improvements, one hundred percent (100%) of the costs under the contract will be allocated to that Acquisition Improvement. -11- Packet Pg. 35 1.b Where a specific contract has been awarded for design or engineering work relating to an Acquisition Improvement and private improvements, the eligible percentage allocated to the Acquisition Improvement shall be determined by the Administrator, for review and approval by the Director in his/her sole discretion. 5.4. Letting and Administering Construction Contracts: Prevailing Wages. State law requires that all Acquisition Improvements for which an Actual Cost Certificate is submitted pursuant to this Agreement that were not completed prior to the formation of the CFD shall be constructed as if they were constructed under the direction and supervision, or under the authority, of the City. In order to assure compliance with those provisions, except for any contracts entered into prior to the date hereof, Developer agrees to comply with the requirements set forth in Exhibit E, with respect to the bidding and contracting for the construction of the Acquisition Improvements being constructed by the Developer for which a Request for Payment is submitted pursuant to this Agreement, included, but not limited to, California Labor Code Section 1771, et seq. ("Labor Code Regulations"). Developer agrees and acknowledges that the construction of such Acquisition Improvements is subject to the payment of prevailing wages and agrees to comply with the requirements of the Labor Code. Further, Developer agrees to defend, indemnify and hold the Authority and the City, its elected officials, officers, employees, and agents free and harmless from any and all claims, damages, suits or actions arising out of or incident to Developer's obligations under this section. Developer agrees to satisfy, to the extent applicable, its obligation of registering with the Department of Industrial Relations and furnishing electronic certified payroll records to the Labor Commissioner pursuant to Senate Bill 854 (2014). The Developer's indemnification obligation set forth in Section 6.1 of this Agreement shall also apply to any alleged failure to comply with the requirements of this Section, and/or applicable State laws regarding public contracting and prevailing wages. 5.5. Estimated Cost of Acquisition Improvements and Financed Fees. The estimated cost of the Acquisition Improvements are shown in Exhibit B attached hereto. Notwithstanding this estimate, Developer and the City hereby acknowledge and agree that (a) the actual costs to complete the Acquisition Improvements may vary from this estimate, and (b) the Acquisition Price shall never exceed the Actual Cost of any Acquisition Improvement. The estimated cost of the Finance Fees are shown in Exhibit B attached hereto. The amount of Financed Fees that may be paid from the Available Amount shall be the cumulative total of the Financed Fees obligation for the Project less the amount of credits granted for the Copper Hill Bridge Widening. Notwithstanding this estimate, Developer and the City hereby acknowledge and agree that (a) the actual B&T Fee obligation or the amount of the credit for the Cooper Hill Bridge Widening may vary from this estimate, and (b) any amount of the B&T Fee obligation not financed as part of the Financed Fees or the B&T credit, shall be the responsibility of the Developer. 5.6. Sale of Acquisition Improvements. The Developer agrees to convey to the City each Acquisition Improvement to be constructed by Developer (including any rights -of -way or other easements necessary for the Acquisition Improvements, to the extent not already publicly owned), when the Acquisition Improvement is completed to the satisfaction of the City. Exhibit B, attached hereto and incorporated herein, contains a list of the Acquisition Improvements. Under no circumstances shall the City have the obligation to accept a completed Acquisition Improvement consisting of a street until the underlying or related sewer and storm drainage improvements have been completed and approved for maintenance by the Los Angeles County Sewer Maintenance District or Los Angeles County Flood Control District, as applicable. -12- Packet Pg. 36 1.b At the time of full completion of each Acquisition Improvement, the Developer shall deliver to the Director Title Documents required by the City for the transfer of the Acquisition Improvement where necessary, and record plans (if record plans are not available the Developer shall submit constructed quantities that are verified and stamped by a civil engineer licensed in the State of California). Request for Payment. Following commencement of construction of any Acquisition Improvement, and each 30 days thereafter, or such other dates as are mutually agreeable to the City, the Administrator and Developer, Developer will submit to the Administrator and the City an Actual Cost Certificate in the form attached hereto as Exhibit C for the portion or phase of Acquisition Improvements previously constructed (the "Eligible Portion"), which shall constitute a written request for payment (the "Request for Payment") of the Acquisition Price (as determined below) for the Eligible Portion, except that for any Acquisition Improvement having a total estimated finished cost of less than $1,000,000, no portion of the cost thereof shall be an Eligible Portion (i.e., no periodic progress payments shall be made and acquisition shall only occur upon completion). The Actual Cost Certificate shall include such necessary information (including invoices, receipts, worksheets and other evidence of cost as required by the Administrator) in sufficient detail to allow the Administrator to verify the Acquisition Price of such Eligible Portion. Determination of Acquisition Price/City Inspection. Upon submittal of a complete (as reasonably determined by Administrator) Actual Cost Certificate, the Administrator shall determine the Acquisition Price (or in the case of a reimbursement, the reimbursement amount, which hereinafter is included in the term "Acquisition Price") to be paid for the acquisition from Developer of the Eligible Portion constructed by Developer during said prior period. The Acquisition Price for the Eligible Portion shall include the actual cost of construction (or payment) thereof as determined by the contract prices as set forth in contracts and purchase orders entered into by Developer with its contractors, and suppliers, in accordance with standards and procedures therefore as prescribed by the Administrator. At the time of submittal of each Actual Cost Certificate, the Developer shall pay to the City $3,500 as a processing fee, which fee may be included as an Actual Cost. The Administrator shall have thirty (30) days from receipt of an Actual Cost Certificate to review and determine the Acquisition Price. Further, Developer may submit an Actual Cost Certificate in advance of issuance of the Bonds; however, no payment of the Acquisition Price shall be made prior to issuance of the Bonds unless funds are available in the Acquisition and Project Fund from the collection of Facilities Special Taxes. The Developer shall not submit more than one (1) Actual Cost Certificate every 30 days. Upon determination of the Acquisition Price, the Administrator shall promptly notify Developer in writing of such Acquisition Price. In the event that the Administrator, during such time period, finds that the supporting paperwork submitted by the Developer fails to demonstrate the required relationship between the subject Actual Cost and eligible work, the Administrator shall advise the Developer that the determination of the Actual Cost (or the ineligible portion thereof) has been disallowed and shall request further documentation from the Developer. Once the Developer delivers the further documentation, the Administrator shall have twenty (20) days to review the additional documentation. If the further documentation is still not adequate, the Administrator shall notify the Developer in writing within such twenty -day period and may revise the Actual Cost Certificate to delete any disallowed items and the determination shall be final and conclusive. If -13- Packet Pg. 37 1.b only a portion of the Actual Cost requires further documentation, the Administrator shall include the Actual Costs that do not require further documentation in the determination of the Acquisition Price. Upon determination of the Acquisition Price, the Administrator shall prepare a Disbursement Request Form as shown in Exhibit D for review and approval by the Director. The Director shall finalize and approve the Disbursement Request Form within thirty (30) days after determination of the Acquisition Price. Conditions Precedent to Payment of Acquisition Price/City Inspection. Payment to the Developer or its designee of the Acquisition Price for an Acquisition Improvement or Eligible Portion from an Acquisition and Project Fund shall in every case be conditioned first upon the determination of the Administrator that the Acquisition Improvement, or Eligible Portion to be paid for, satisfies all City regulations and ordinances and is otherwise constructed in accordance with Section 5.4 above and, if payments include a final amount of the Acquisition Price of a particular Acquisition Improvement, and if the Acquisition Improvement is completed (i.e., not just an Eligible Portion) such improvement is ready for acceptance by the City, and shall be further conditioned upon satisfaction of the following additional conditions precedent if requested by the Administrator or the City: (a) The Developer shall have provided the City with the lien releases or other similar documentation satisfactory to the Director as evidence that none of the property (including any rights -of -way or other easements necessary for the operation and maintenance of the Acquisition Improvement, to the extent not already publicly owned) comprising the Acquisition Improvement, and the property which is subject to the Facilities Special Taxes of the CFD, is subject to any prospective mechanics lien claim respecting the Acquisition Improvements. (b) The Developer shall be current in the payment of all due and payable general property taxes, and all Facilities Special Taxes of the CFD, on property owned by the Developer or under option to the Developer within the CFD. (c) The Developer shall have provided the City with Title Documents needed to provide the City with title to the site, right-of-way, or easement upon which the subject Acquisition Improvement is situated. All such Title Documents shall be in a form acceptable to the City and shall convey Acceptable Title. The Developer shall provide a policy of title insurance as of the date of transfer in a form acceptable to the Director and the City Counsel insuring the City as to the interests acquired in connection with the acquisition of any interest for which such a policy of title insurance is not required by another agreement between the City and the Developer. Each title insurance policy required hereunder shall be in the amount equal to the Acquisition Price. The amount paid to the Developer or its designee upon satisfaction of the foregoing conditions precedent shall be the Acquisition Price less all Installment Payments paid previously with respect to the Acquisition Improvement. 5.7. Payment of Acquisition Price. Within thirty (30) days after receipt of a complete Disbursement Request Form, the Authority, through the Trustee, shall authorize payment for the Eligible Portion from the Available Amount the Acquisition Price then due to Developer. If the Payment Request indicates that Developer is withholding from its contractor a retention of a least ten percent (10%) of the contract price for the portion of the constructed Acquisition Improvement, then the full amount of the approved Acquisition Price shall be authorized for payment to Developer; if the Payment Request does not indicate the withholding by Developer of such ten percent (10%) retention, then the amount to be paid to Developer shall -14- Packet Pg. 38 1.b be equal to the Acquisition Price, less a retention of ten percent (10%) of the contract price for the Eligible Portion. Upon completion of such Acquisition Improvement in its entirety, including all "Punch List" work, and acceptance of the Acquisition Improvement by the City, the Authority, through the Trustee, shall authorize and shall pay from the Available Amount the balance of the Acquisition Price then due Developer for such Acquisition Improvement, including any 10% progress retention then paid by Developer or any 10% retentions previously retained by Authority with respect thereto. Payments to Developer shall be payable solely from the Available Amount. The amount to be paid to Developer shall be a reimbursement for actual costs incurred as determined by the Administrator in accordance with this Agreement and shall not exceed the Developer's cost thereof as reasonably determined by the Administrator in consultation with the City to be eligible under the Act to be part of the Acquisition Price of Acquisition Improvement. All portions of the Acquisition Improvement not acquired with the Available Amount shall nonetheless be constructed by the Developer, to the extent required by the project approvals. In the event the Available Amount is insufficient to pay the eligible Acquisition Price, any shortfall shall be the responsibility of the Developer, however Developer may request that all or any portion of such shortfall be reimbursed from additional series of Bonds for the CFD if and when such additional Bonds are issued or additional Facilities Special Tax proceeds are available, and in such event the deferred amount will be eligible for reimbursement from proceeds of such future Bonds or Facilities Special Tax proceeds, to the extent funds are available. 5.8. Disbursement Request Form. Upon a determination by the Administrator to pay the Acquisition Price of an Acquisition Improvement or to pay an Installment Payment for an Eligible Portion as provided in Sections 5.6 — 5.7 hereof, the Director shall, within thirty (30) days after such determination, cause a Disbursement Request Form substantially in the form attached hereto as Exhibit D to be submitted to the Authority Trustee, and the Authority Trustee shall make payment directly to the City or its designee or the Developer or its designee, as appropriate, of the amount pursuant to the applicable Authority Trust Agreement. The Authority, the City and the Developer acknowledge and agree that the Authority Trustee shall make payment strictly in accordance with the Disbursement Request Form and shall not be required to determine whether or not the Acquisition Improvement or Eligible Portion has been completed or what the Acquisition Price may be with respect to the Acquisition Improvement or Eligible Portion. The Authority Trustee shall be entitled to rely on the executed Disbursement Request Form on its face without any further duty of investigation. In the event that the Acquisition Price of an Acquisition Improvement or the Installment Payment for an Eligible Portion is in excess of the Available Amount, the Authority Trustee shall withdraw all funds remaining in the applicable Acquisition and Project Fund and shall transfer those amounts to the Developer or the City, as applicable, or its designee. The unpaid portion of the Acquisition Price shall be paid from funds that may subsequently be deposited in the same or another Acquisition and Project Fund from a subsequent issuance of Bonds, from prepayments of Facilities Special Taxes to be used for construction or acquisition of Acquisition Improvements, or from Facilities Special Tax revenues, if any of those occurs. The Acquisition Price of an Acquisition Improvement may be paid from the Acquisition and Project Fund for each or both Improvement Areas, provided that the total payment for an Acquisition Improvement shall not exceed its Acquisition Price. 5.9. Limitation on Obligations. In no event shall the Authority be required to pay the Developer or its designee more than the Available Amount (available from time to time). 5.10. Audit. The City and the Authority shall have the right, during normal business hours and upon the giving of ten days' written notice to the Developer, to review all -15- Packet Pg. 39 1.b books and records of the Developer pertaining to costs and expenses incurred by the Developer (for which the Developer seeks reimbursement pursuant to this Agreement) in constructing the Acquisition Improvements. 5.11 Financed Fees. Financed Fees may be financed from the Available Amount. For Financed Fees that have not already been paid for any portion of the Project, Financed Fees may be prepaid from the Available Amount and the Developer shall be considered to have paid such Financed Fees on the date of such prepayment. Financed Fees paid by the Developer or a merchant builder to the City or County prior to the availability of the Available Amount shall be reimbursed to the Developer from the Available Amount (as and when available), subject to any applicable provisions of the Internal Revenue Code required to maintain the tax- exempt status of any Bonds. Notwithstanding, to the extent the City or County, at the time of issuance of the Bonds, is unable to provide the certifications or information required by bond counsel to the Authority in order for the Financed Fees to be financed with the proceeds of tax-exempt Bonds, the Authority agrees to issue a series of taxable Bonds to finance such Financed Fees upon the request of the Developer. The City may request disbursement of any Financed Fees funded with the Available Amount in accordance with the provisions of an Authority Indenture by submitting a Disbursement Request to the Authority Trustee in substantially the form attached hereto as Exhibit D pertaining to a Financed Fees disbursement and the Authority Trustee shall make payment directly to the City Treasurer or the City's designee. 6. Indemnity and Insurance. 6.1. Indemnification. Developer agrees to indemnify, defend and hold the City and Authority, including elective and appointed boards, commissions, officers, agents, employees and consultants (each an "Indemnified Party" and collectively the "Indemnified Parties"), harmless from and against any and all claims, liabilities, losses, damages or injuries of any kind (collectively, "Claims") arising out of Developer's, or Developer's contractors', subcontractors', agents' or employees', acts, omissions, or operations under this Agreement, including, but not limited to, the construction by the Developer of any Acquisition Improvement, whether such acts, omissions, or operations are by Developer or any of Developer's contractors, subcontractors, agents or employees, except to the extent such Claims are caused by the sole negligence or willful misconduct of an Indemnified Party. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City and Authority, its elected officials, officers, employees, and/or agents for all legal expenses and costs incurred by each of them. Developer shall defend the City as required by California Civil Code Section 2778, and with counsel reasonably acceptable to the City and Authority. Developer shall have no right to seek reimbursement from City or Authority for the costs of defense. The aforementioned indemnity shall apply regardless of whether or not City has approved plans and/or specifications for the Acquisition Improvements and regardless of whether any insurance, workers compensation, disability or other employee benefit acts or terms required under this Agreement are applicable to any Claims. The City does not and shall not waive any of its rights under this indemnity provision because of its acceptance of the bonds or insurance required under the provisions of this Agreement. Developer's obligations to indemnify the City and Authority shall survive the expiration or termination of this Agreement. Developer agrees to obtain executed indemnity agreements in favor of the City with provisions identical to those set forth here in this section from each and every construction contractor involved by, for, with or on behalf of Developer in the performance of this Agreement. In the event Developer fails to obtain such indemnity obligations from others as required here, Developer agrees to be fully responsible -16- Packet Pg. 40 1.b according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 6.2. Insurance. For an Acquisition Improvement, Developer shall maintain insurance in amount and substance as required by the City under any Development Documents applicable to such Acquisition Improvement. 7. Breach of Agreement; Opportunity to Cure: Remedies. 7.1. Notice of Breach and Default. The occurrence of any of the following constitutes a breach and default of this Agreement: (1) Developer refuses or fails to complete any Acquisition Improvement within the time set forth in the applicable Development Documents or abandons the construction of an Acquisition Improvement. (2) Developer assigns the Agreement to an unaffiliated entity without the prior written consent of City. (3) Developer is adjudged bankrupt or makes a general assignment for the benefit of creditors, or a receiver is appointed in the event of Developer's insolvency. (4) Developer or Developer's contractors, subcontractors, agents or employees, fail to comply with any terms or conditions of this Agreement to which the Developer or Developer's contractors, subcontractors, agents, or employees are subject. (5) Developer fails to perform any obligation under this Agreement. The City must serve written notice of breach and default upon Developer (and any surety that has provided bonds with respect to an Acquisition Improvement). Developer shall have 30 days to cure the breach and default described in the written notice of breach and default. (6) City fails to perform any obligation under this Agreement. Developer must serve written notice of breach and default upon the City. The City shall have 30 days to cure the breach and default described in the written notice of breach and default. 7.2. Breach of Agreement; Performance by City. If the City gives Developer notice under Section 7.1 and Developer fails to cure the breach and default described in the written notice prior to the expiration of the applicable cure period, a "Developer Event of Default" shall be deemed to have occurred. In the event of the occurrence and continuation of a Developer Event of Default, the City may exercise the remedies described in Section 7.1 and in Section 7.3 below, including the right of the City to proceed to complete the Acquisition Improvement by contract or other method the City considers advisable, at the sole expense of Developer, however City is under no financial or performance obligation to complete the Acquisition Improvement. Where funds are currently available from the collection of Facilities Special Taxes said funds shall be used first for completion of the Acquisition Improvements in the event that the City elects to complete the Acquisition Improvement. In the event of the occurrence and continuance of a Developer Event of Default, (i) Developer, immediately upon demand, shall pay the costs and charges related to the Acquisition Improvement and any subsequent repairs, provided, upon such payment, Developer shall be entitled to payment for the Acquisition Improvement from the Available Amount, (ii) City, without liability for doing so, may take possession of and utilize in -17- Packet Pg. 41 1.b completing the Acquisition Improvement and repairs, if any, such materials and other property belonging to Developer as may be on or about the Property and necessary for completion of the Acquisition Improvement, and (iii) the City may draw upon any surety bonds required by the applicable Development Documents. If the Developer gives the City notice under Section 7.1(6) and City fails to cure the breach and default described in the written notice prior to the expiration of the applicable cure period, a "City Event of Default" shall be deemed to have occurred. 7.3. Remedies. It is acknowledged by the parties that the City would not have entered into this Agreement if it were to be liable in damages under or with respect to this Agreement or the application thereof, other than for the payment to the Developer of any (i) moneys owing to the Developer hereunder, or (ii) moneys paid by the Developer pursuant to the provisions hereof which are misappropriated or improperly obtained, withheld or applied by the City. In general, upon the occurrence and continuation of a Developer Event of Default or a City Event of Default, the applicable party may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that the City shall not be liable in damages to the Developer or to any assignee or transferee of the Developer other than for the payments to the Developer specified in the preceding paragraph. Subject to the foregoing, the Developer covenants not to sue for or claim any damages for any alleged breach of, or dispute which arises out of, this Agreement. 8. Miscellaneous. 8.1. Compliance with Laws. Developer shall fully comply with all federal, state, and local laws, ordinances, and regulations in the performance of this Agreement. Developer shall, at its own cost and expense, obtain all necessary permits and licenses for each Acquisition Improvement, give all necessary notices, pay all fees and taxes required by law and make any and all deposits legally required by those public utilities that will serve the development on the Project. Copies and/or proof of payment of said permits, licenses, notices, fee and tax payments and deposits shall be furnished to the Director upon request. 8.2. Cooperation. The City, the Authority and the Developer agree to cooperate with respect to the completion of the financing of the Improvements by the Authority through the levy of the Facilities Special Taxes and issuance of Bonds. The City, the Authority, and the Developer agree to meet in good faith to resolve any differences on future matters which are not specifically covered by this Agreement. 8.3. General Standard of Reasonableness. Any provision of this Agreement which requires the consent, approval or acceptance of either party hereto or any of their respective employees, officers or agents shall be deemed to require that the consent, approval or acceptance not be unreasonably withheld or delayed, unless the provision expressly incorporates a different standard. The foregoing provision shall not apply to provisions in the Agreement which provide for decisions to be in the sole discretion of the party making the decision. 8.4. Notices. Formal written notices, demands, correspondence and communications between City and Developer shall be sufficiently given if: (a) personally delivered; or (b) dispatched by next day delivery by a reputable carrier such as Federal Express to the offices of City and Developer indicated below, provided that a receipt for delivery is -18- Packet Pg. 42 1.b provided; or (c) if dispatched by first class mail, postage prepaid, to the offices of City and Developer indicated below. Such written notices, demands, correspondence and communications may be sent in the same manner to such persons and addresses as either party may from time - to -time designate by next day delivery or by mail as provided in this section. Cam: City of Santa Clarita Attn: Director of Administrative Services 23920 Valencia Boulevard Santa Clarita, CA 91355 Email: cmagana@santa-clarita.com Authority: California Municipal Finance Authority 2111 Palomar Airport Road, Suite 320 Carlsbad, CA 92011 Attn: Edward J. Becker Administrator: Francisco & Associates, Inc. Attn: Ed Espinoza 5927 Balfour Court, Suite 109 Carlsbad, CA 92008 Developer: BLC Tesoro LLC 100 Bayview Circle, Suite 240 Newport Beach, CA 92660 Attn: John Patterson With a copy to: O'Neil LLP Attn: John P. Yeager 19900 MacArthur Blvd., Suite 1050 Irvine, CA 92612 Norton Rose Fulbright LLP Attn: Maryann Goodkind 555 South Flower Street, 41 st Floor Los Angeles, CA 90071 Facsimile No. (213) 892-9328 Notices delivered by deposit in the United States mail as provided above shall be deemed to have been served two (2) business days after the date of deposit if addressed to an address within the State of California, and three (3) business days if addressed to an address within the United States but outside the State of California. 8.5. Attorney Fees. Should any legal action or arbitration be brought by either party because of breach of this Agreement or to enforce any provision of this Agreement, the prevailing party shall be entitled to all costs of suit; reasonable attorney fees, arbitration costs and such other costs as may be determined by the court or arbitrator. 8.6. Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement among Authority, City, and Developer with respect to the matters addressed in this Agreement. This Agreement may not be altered, amended or modified without the written consent of all parties hereto. -19- Packet Pg. 43 1.b 8.7. Conflict with Other Agreements. Nothing contained herein shall be construed as releasing the Developer from any condition of development or requirement imposed by any other agreement between the City and the Developer or any Member of Developer. 8.8. Several Obligations. The Developer, by executing this Agreement in the space provided below, agrees that it shall be severally responsible for all obligations of the Developer under Sections 5.4 and 6.1 hereof to the extent of the percentages set forth adjacent to their respective signatures. 8.9. Assignment. The obligations and rights of the parties to this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, but, those rights and obligations shall not be assignable, transferable or delegable, without the written consent of the other parties hereto, such consent to not be unreasonably withheld, and any attempted assignment, transfer or delegation thereof which is not made pursuant to the terms hereof shall be void. Any assignment shall be contingent on Developer providing a written assignment and assumption agreement to City and Authority immediately upon such assignment. 8.10. Time is of the Essence. Time is of the essence of this Agreement and of each and every term and condition hereof. 8.11. Severability. If any provision of this Agreement is held, to any extent, invalid, the remainder of this Agreement shall not be affected, except as necessarily required by the invalid provision, and shall remain in full force and effect. 8.12. Waiver or Modification. Any waiver or modification of the provisions of this Agreement must be in writing and signed by the authorized representative(s) of each party. Failure by a parity to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of the party's right to insist upon and demand strict compliance by the other party with the terms of this Agreement. 8.13. Relationship of the Parties. Neither Developer nor the Authority nor either's contractors, subcontractors, agents, officers, or employees are agents, partners, joint ventures or employees of City and the Developer's relationship to the City, if any, arising herefrom is strictly that of an independent contractor. Developer's contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Further, there are no intended third -party beneficiaries of any right or obligation assumed by the parties. 8.14. Binding upon Heirs, Successors and Assigns. The terms, covenants and conditions of this Agreement shall be binding upon all heirs, successors and permitted assigns of the parties hereto; provided, however, that this Agreement shall not be binding upon a purchaser or transferee of any portion of the Property unless this Agreement has been assigned and assumed pursuant to Section 8.9, in which event this Agreement shall remain binding upon purchaser or transferee. 8.15. Governing Law; Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of California, without reference to choice of law provisions. Any legal actions under this Agreement shall be brought only in the Superior Court of the County of Los Angeles, State of California. -20- Packet Pg. 44 1.b 8.16. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original. 8.17. Interpretation. This Agreement shall be construed according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall apply to the interpretation of this Agreement. 8.18. Headings. Section headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants or conditions contained in this Agreement. 8.19. Authority. Each party executing this Agreement on behalf of a party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind and if such party is a partnership, corporation or trustee, that such partnership, corporation or trustee has full right and authority to enter into this Agreement and perform all of its obligations hereunder. 8.20. Singular and Plural; Gender. As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine 8.21. Sole Agreement. This Agreement, including all exhibits hereto, constitutes the sole agreement of the parties and supersedes all oral negotiations and prior writings with respect to the subject matter hereof. [Signature Page Follows] -21- Packet Pg. 45 1.b IN WITNESS WHEREOF, City, Authority, and Developer have executed this Agreement as of the Effective Date. ATTEST: City Clerk "CITY" CITY OF SANTA CLARITA, a political subdivision of the State of California 0 City Manager "DEVELOPER" BLC TESORO LLC, a Delaware limited liability company By Its By Its "AUTHORITY" CALIFORNIA MUNICIPAL FINANCE AUTHORITY, a joint powers authority By: Name: Title: Authorized Signatory -22- Packet Pg. 46 1.b EXHIBIT A TO ACQUISITION FUNDING AGREEMENT MAP OF THE CFD BOUNDARY A-1 Packet Pg. 47 1.b EXHIBIT B ACQUISITION FUNDING AGREEMENT DESCRIPTION OF ACQUISITION IMPROVEMENTS AND FINANCED FEES Unless specifically excluded in the Agreement, the list of eligible facilities and estimated costs consist of the following and are depicted in the maps attached hereto: I. Acquisition Improvements' Extension of Avenida Rancho Tesoro ("A" Street) (subject to annexation) (est. cost $4,500,000) II. Financed Fees The B&T Fees shall include the Bridge and Thoroughfare development impact fees imposed and collected through the Bridge and Major Thoroughfare Fee District, as it may be amended or superseded, net of applicable credits. Estimated B&T Fees-455 SFD Units x $26,800 = $12,194,000 365 Senior Units x $10,720 = $3,912,800 Total Estimated B&T Fees= $16,106,800 less the credit for the Copper Hill Bridae ($4.884.500) estimated net reimbursement of B&T Fees = $11,222,300 III. Administrative and Incidental Expenses In addition to the above facilities, other incidental expenses that may be financed by the CFD include but are not limited to the following: the cost of planning, permitting, approving and designing the authorized facilities (including the cost of environmental evaluation, orthophotography, environmental remediation/mitigation); land acquisition and easement payments for authorized facilities; project management, construction staking; engineering studies and preparation engineer's reports (if required); utility relocation and demolition costs incidental to the construction of the public facilities; and any other expenses incidental to the construction, completion, and inspection of the facilities and related expenses associated with any of the foregoing. In addition, the CFD shall fund the direct and indirect expenses incurred by the City in carrying out its duties with respect to the CFD including reimbursement of costs related to the formation of the CFD as well as reimbursement of any costs advanced by the City. 1 The description of each Acquisition Improvement is general in nature. The scope and final description of each Acquisition Improvement shall be based upon the plans for it approved by the City or County, as necessary to serve the development within the CFD. B-1 Packet Pg. 48 1.b EXHIBIT C ACQUISITION FUNDING AGREEMENT ACTUAL COST CERTIFICATE Pursuant to the Funding Acquisition Agreement, dated as of , 2022 (the "Acquisition Agreement"), by and between BLC Tesoro LLC, a Delaware limited liability company (the "Developer'), the California Municipal Finance Authority ("Authority"), and the City of Santa Clarita, California ("City"), the Developer hereby requests (a) payment of the Acquisition Price of the Acquisition Improvements or Eligible Portion thereof, described in Attachment 1 hereto. Capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Acquisition Agreement. In connection with this Actual Cost Certificate the undersigned hereby represents and warrants to the City as follows: 1. The undersigned is an authorized representative of the Developer, qualified to execute this certificate on behalf of the Developer and knowledgeable as to the matters set forth herein. 2. The Developer has submitted or submits herewith to the Director and the Administrator Record Drawings or in the case of an Eligible Portion, commits to submit Record Drawings at the completion of construction and acceptance by the City of the Acquisition Improvements, for each of the Acquisition Improvements described in Attachment 1, and such drawings, as applicable, are true, correct and complete representations of the Acquisition Improvements listed in Attachment 1. 3. Each of the Acquisition Improvements or Eligible Portion thereof described in Attachment 1 has been constructed in accordance with the approved improvement plans (the "Plans"), and in accordance with all applicable City standards and the requirements of the Acquisition Agreement, and the Plans, and none of the Acquisition Improvements described in Attachment 1 or Eligible Portion thereof has been the subject of any prior Payment Request. 4. The true and correct Actual Cost of each of the Acquisition Improvements and/or Eligible Portion is set forth in Attachment 1 hereto. 5. The Developer has submitted or submits herewith to the Director and the Administrator a copy of each construction contract for each of the Acquisition Improvements described in Attachment 1, a copy of the bid notice for each such contract, a copy of each change order applicable to each such contract, all change orders having been approved by the Director, or his designee, and construction quantities certified by the engineer of record. 6. The Developer has submitted or submits herewith to the Director and the Administrator invoices, receipts, worksheets and other evidence of costs for each of the Acquisition Improvements described in Attachment 1 or Eligible Portion thereof, which are in sufficient detail to allow the Director and Administrator to verify the Actual Cost of such Acquisition Improvements or Eligible Portion thereof. 7. The Developer has submitted or submits herewith to the Director and the Administrator evidence that each of the invoices, receipts, worksheets and other evidence of C-1 Packet Pg. 49 1.b costs referred to in the preceding paragraph, has been paid in full, which evidence is in the form of copies of cancelled checks or such other form as the Administrator has approved in writing. 8. There has not been filed with or served upon the Developer notice of any lien, right to lien or attachment upon, or claim affecting the right to receive, the payment of the Acquisition Price for each of the Acquisition Improvement described in Attachment 1 or Eligible Portion thereof which has not been released or will not be released simultaneously with the payment of such obligation, other than materialmen's or mechanics' liens accruing by operation of law. 9. The Developer has submitted or submits herewith to the Director and the Administrator copies of unconditional or conditional (providing for release upon payment) lien releases from the General Contractor for all work with respect to each Eligible Portion of the Acquisition Improvements described in Attachment 1. In the case of a Payment Request for a completed Acquisition Improvement including the release of prior held retention for Eligible Portions thereof, the Developer submits herewith to the Director and the Administrator copies of unconditional or conditional (providing for release upon payment) lien releases from all contractors, subcontractors and materialmen in addition to a recorded Notice of Completion for said Acquisition Improvement, 10. The representations and warranties of the Developer set forth in the Acquisition Agreement are true and correct on and as of the date hereof with the same force and effect as if made on and as of the date hereof. 11. The Developer represents that it has satisfied the conditions specified in the Acquisition Agreement for the payment of the Acquisition Price. I hereby declare under penalty of perjury that the above representations and warranties are true and correct. a M Name: Title: C-2 Packet Pg. 50 1.b ATTACHMENT 1 Acquisition Improvement (or Eligible Portion thereof) Actual Cost [Insert detailed description of Acquisition Improvement to be ac uired Total Q C-3 Packet Pg. 51 1.b EXHIBIT D ACQUISITION FUNDING AGREEMENT DISBURSEMENT REQUEST FORM To: _ Attention: Fax: Phone: E-mail: Re: CMFA CFD No. ( ) The undersigned, a duly authorized officer of the CITY OF SANTA CLARITA (the "City") hereby requests a withdrawal from the CFD Acquisition and Project Fund for Improvement Area No. _, as follows: Request Date: [Insert Date of Request] Name of Developer: Withdrawal Amount: [Insert Acquisition Price/Installment Payment/Amount for Financed Fees] Acquisition Improvements and/or Financed Fees [Insert Description of Acquisition Improvement(s)/Eligible Portion(s)/Financed Fees] Payment Instructions: [Insert Wire Instructions or Payment Address for Developer or Developer's designee as provided by the Developer] [In the event of a direct payment of Financed Fees to the City, insert City Wire Instructions] The undersigned hereby certifies as follows: The Withdrawal is being made in accordance with a permitted use of the monies pursuant to the Acquisition Agreement and the Withdrawal is not being made for the purpose of reinvestment. None of the items for which payment is requested have been reimbursed previously from this or any other Acquisition and Project Fund. If the Withdrawal Amount is greater than the funds held in the Acquisition and Project Fund, the Authority Trustee is authorized to pay the amount of such funds and to pay remaining amount(s) as funds are subsequently deposited in the Acquisition and Project Fund, should that occur. [For Financed Fees to be reimbursed to the Developer that are financed with tax-exempt Bonds: The Financed Fees referenced above have been spent by the City or will be spent within D-1 Packet Pg. 52 1.b three years of the issuance of the Bonds for a permitted use of the listed fees for public capital improvements as of the date hereof.] [For Financed Fees funded by tax-exempt Bonds: The amounts to be disbursed hereunder have been or will be spent by the City for public capital improvements as of the date hereof or within three years hereafter.] [For Acquisition Improvements: The amounts being disbursed pursuant to this request are being used to finance or refinance certain public infrastructure and facilities (the "Acquisition Improvements"). The City will own, and for the entire useful life of such Acquisition Improvements reasonably expects to own, all such Acquisition Improvements, except those facilities identified in Government Code Section 53313.5(e). To the extent any of such Acquisition Improvements are sold to an entity that is not a state or local government agency, the City will seek the advice and approval of bond counsel to the Authority prior to any such sale. The City will not allow any of such Acquisition Improvements to be used (for example, by lease or other contract) in the trade or business of any nongovernmental persons (other than in their roles as members of the general public) except as permitted pursuant to Government Code Section 53313.5(e). All such Acquisition Improvements will be used in the performance of essential governmental functions of the City or another state or local government agency. The average expected useful life of such Acquisition Improvements is at least 20 years. The representations and covenants contained in this paragraph are intended to support the conclusion that the interest paid on the Bonds issued to finance the Acquisition Improvements is excluded from gross income for federal income tax purpose under Section 1.03 of the Internal Revenue Code of 1986 (the "Code").] CITY OF SANTA CLARITA 0 Title: D-2 Packet Pg. 53 1.b EXHIBIT E ACQUISITION FUNDING AGREEMENT BIDDING, CONTRACTING AND CONSTRUCTION REQUIREMENTS FOR ACQUISITION IMPROVEMENTS With respect to construction contracts awarded after approval of the Agreement, the Developer shall solicit three (3) bids for each contract for Acquisition Improvements for which an Actual Cost Certificate is submitted. No contractor or subcontractor may be listed on a bid proposal for the public Acquisition Improvements unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. No contractor or subcontractor may work on the public Acquisition Improvements unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. Owner shall be responsible for ensuring that these contractor registration requirements are adhered to since construction of the public Acquisition Improvements is subject to compliance monitoring and enforcement by the Department of Industrial Relations. An authorized representative of the City and the Administrator shall be provided a copy of the tabulation of bid results upon request. Contract(s) for the construction of the public Acquisition Improvements shall be awarded to the qualified contractor(s) submitting the lowest responsible bid(s), as determined by the Developer. Developer shall not award a contract to a contractor that is in conflict of interest with the Developer or the City pursuant to Government Code Section 1090. The contractor to whom a contract is awarded shall be required to pay not less than the prevailing rates of wages pursuant to Labor Code Sections 1770, 1773 and 1773.1. A current copy of applicable wage rates shall be on file in the Office of the Clerk of the City, as required by Labor Code Section 1773.2. Packet Pg. 54 X". g\DE LPTERAL- _ _ •,q �'VA P j .rIPy �•' A-p� N' �� O VIA'VISTA N to ' SOR A'�jOSHUADR O8,�YII-RAN = Al 9 p Poz o ti ill RP City of SANTA CLARITA Tesoro del Valle Annexation Boundary Vicinity Map Tesoro del Valle Annexation N Boundary A City -owned 1,000 500 0 1,000 Feet Property Parcel Outlines Parcel data: Copyright August2019, ParcelQuest & County of Los Angeles. City of Santa All rights reserved. Clarita Boundary The City of Santa Clarita does not warrant the accuracy of the data and assumes no City of Santa liability for any errors or omissions. j-"i Clarita Sphere of Influence Q:\PROJECTS\CD\190903f1\mxd\tesoro_annex_vicinity.mxd NORTH QUA/4 T,q a+ D' i Z ' E D � _ Z Nq !_ 4INDq <N..,` SAN FF.OT OP'F Q FRANCISQUITO i OPEN SPACE p/UTF��� �LN< d o > 1 0 O L S U✓RID6E� F� 9� O 5A'§����:Q p� C K?Q 0 Q. T?TT1TTTTryry � �/7 � 2� O T��} �2GS pe Ue Q\. 2 v ` ..� ••� Z i Q ? > O WINDRO`?, o Z�Q ti K o= � l— E r J '____ I_t _.`_} m VASQUEZ Cq DAVENPpp II} NYO i+ Q��HILL DR .� r PO r'� OQ mLp ---1 tSI S O RLU I 9 i O Py NE "14L RANCH RD SOLEOAD CAN o o mF A z J pyENCIAO 92 �� A � Vlq PR/iyC ON4J ZQ � o�R FSAt =y; a4 o O UOC 4 ON 2Y N PICO CPS Ro uy D NFwNq<<q T PIACERITA cq NyoN __ Packet Pg. 55 1.d PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF SANTA CLARITA, CALIFORNIA, AND BLC TESORO, LLC, REGARDING ANNEXATION TO THE CITY OF SANTA CLARITA Pursuant to Section 17.27.100(B) of the City's Municipal Code and except as otherwise stated in this Pre -Annexation Agreement, the City of Santa Clarita (City) and BLC Tesoro, LLC (Owner), hereby agree to the following terms, covenants, and conditions: A. On November 12, 2019, the City Council adopted a Resolution of Application, Resolution No. 19-57, pursuant to Government Code Section 56700, to initiate annexation proceedings affecting the Tesoro del Valle Annexation area, including Revised Vesting Tentative Tract Map (VTTM) 51644-1 (Project). B. The Owner agrees to support the City's annexation of the Project and any associated properties, and to work with and support City planning efforts where such efforts promote and advance the objectives set forth in this Pre -Annexation Agreement. C. The City agrees to recognize and continue to treat the Los Angeles County (County) approvals, which are part of Revised VTTM 51644-1, its amendments, and its associated entitlements which have been approved by the County prior to the effective date of the annexation, as a vested right to proceed in accordance with applicable County ordinances in effect on the date the application for the County approvals was deemed complete for the term of such map, including permitted uses, parking, setbacks, right of way improvements, landscaping, and hillside development. County approvals can be found in Exhibit A to this Pre -Annexation Agreement. Revised VTTM 51644-1 is attached as Exhibit B to this Pre -Annexation Agreement. The City will not impose any other or additional requirements on the Owner or the property in connection with the subdivision of the property, pursuant to the County approvals, provided the approved Project is not substantially modified. Any modifications beyond those permitted by Chapter 17.09 of the Unified Development Code (UDC) shall comply with City requirements and ordinances. If the Owner seeks to modify a specific item or condition approved by the County, the City will not review or seek to modify any unrelated approval or condition previously approved by the County. The Owner agrees to pay any fees, costs, or impact fees generated by substantial modifications to the Project. D. The City agrees to provide the Owner with a Planning Division liaison to assist in expediting the Project through all City departments in connection with future submittals, and to make reasonable efforts to minimize delays associated with any City policies or standards that may differ from those of the County. E. The City will accept dedication of the public streets as each street is completed, with completion being determined by the City's Public Works Director. The acceptance of dedication by the City will include the assumption of the maintenance and liability responsibility of these public roads. Roads will be constructed in accordance with the County approvals, to County standards. Packet Pg. 56 1.d F. The County approvals may be extended by the Owner, pursuant to Section 66452.6 of the Subdivision Map Act, including one administrative extension, as well as up to six years through action of the Planning Commission, as provided for in Section 17.06.230 of the City's Municipal Code and the Subdivision Map Act. The City shall not impose any new requirements in connection therewith, other than payment of the City's then -standard extension fees; however, the City may deny any requested extension on the grounds set forth in Government Code Section 66498.1(c). Any future minor modifications to the approved Project, as determined under UDC Section 17.09, would be subject to the City's UDC as applicable. G. The Project is in the Valencia Bridge and Thoroughfare (B&T) District and the City acknowledges the applicant will be constructing the widening of Copper Hill Drive and the bridge over the San Francisquito Creek, which will be eligible for B&T fee credits that shall be applied against the B&T obligation at Building Permit issuance. If B&T credit for bridge construction is not issued prior to Building Permits, then a Letter of Credit or Bond may be posted to temporarily satisfy B&T fees up to the amount of the estimated credit as determined by the City. H. Copper Hill Bridge Widening 1. Upon first submittal of the construction plans and related documents for the Copper Hill Drive and bridge over the San Francisquito Creek, the Owner agrees to provide the City payment for design/permitting review and construction management in an amount established and approved by the Director of Public Works. Upon receipt of payment by the City, the Owner will receive an equal amount in B&T fee credits which shall be applied against the B&T obligation at Building Permit issuance. The City agrees that the amount established by the Director of Public Works will be a "not to exceed" payment, and the Owner will not be responsible for additional costs associated with design review and construction management unless there are substantial changes made to the scope or schedule of the bridge widening over San Francisquito Creek. The Owner represents that the construction schedule will be nine months. 2. Applicant agrees to commence the Copper Hill Bridge construction prior to the City's issuing the first building Certificate of Occupancy and shall complete the bridge construction nine months after construction commencement. 3. Applicant agrees to obtain all applicable jurisdictional approvals, comply with all applicable federal, state, and local laws, rules, codes and regulations, and obtain, coordinate and pay for all studies, permits, fees and agency inspections required to build the Copper Hill Bridge. The Owner agrees to offer in dedication land for the purpose of open space to the City per Exhibit C to this Pre -Annexation Agreement. All open space dedications shall be recorded with each applicable final map phase, or by separate instrument at the recording of the applicable final map phase. The City understands that a portion of the open space 2 Packet Pg. 57 1.d being dedicated to the City is required habitat mitigation as part of the approval and will have restricted use. The City shall accept the open space offered for dedication by the applicant, subject to the terms and conditions of the Open Space Management and Maintenance Agreement (Open Space Agreement), attached as Exhibit D to this Agreement. The Owner shall construct a Class 1 trail connection from the sidewalk on the north side of Copper Hill Drive west of the Copper Hill Drive Bridge to the northerly terminus of the westerly San Francisquito Creek Trail on the southside of the Copper Hill Drive Bridge. In addition, the Owner shall construct a Class I trail connection from the northerly terminus of the easterly San Francisquito Creek Trail on the southside of the Copper Hill Drive Bridge. The trail connection shall pass under the Copper Hill Drive Bridge and loop around to the northside of Copper Hill Drive at the intersection with McBean Parkway. All new or modified trail striping and markings shall be the responsibility of the owner. All new and existing inaccessible trail facilities shall be designed and constructed to the satisfaction of the City Engineer. The City represents that the City already has easement rights for the existing Class 1 trails and that the Owner is not being required to obtain any additional ownership or easement rights for the existing Class 1 trails. The existing Class 1 trails refers to the sections on easterly and westerly San Francisquito Creek Trail that extend under the Copper Hill Bridge from the north side of the bridge to the trails on the south side of the bridge. Finally, the Owner agrees to pay for the cost of posting signage on the existing Cliffie Stone Trail south of the Copper Hill Bridge and north of the Copper Hill Bridge on the existing trail alignment set by the City and the County of Los Angeles, along with contribution to the City upon the annexation to the City for any necessary brush clearance on this portion of the Cliffie Stone Trail in the amount of $500. 1. The applicant shall secure, at the applicant's expense, sufficient title or interest in land to permit construction of any required off -site improvements. 2. If the applicant is unable to acquire sufficient title or interest to permit construction of the required off -site improvements, the applicant shall notify the City of this inability not more than six months after the annexation is complete. In such case, the City may thereafter acquire sufficient interest in the land, which will permit construction of the off -site improvements by the applicant. The applicant shall pay all of the City's costs of acquiring said off -site property interests. The cost of acquisition may include, but is not limited to, acquisition prices, damages, engineering services, expert fees, title examination, appraisal costs, acquisition services, relocation assistance services and payments, legal services and fees, mapping services, document preparation, expenses and/or damages (as provided under Code of Civil Procedures Sections 1268.510-.620), and overhead. 4. If required, the City shall commence an eminent domain action to acquire the property to be improved within 120 days of the notification set forth in Section J.2. (J2.) above. The applicant shall have no further obligations to pay for the 3 Packet Pg. 58 1.d acquisition of the property nor to install or pay for the improvements on the property if the City has not commenced an eminent domain action to obtain the necessary property within 120 days of the notification set forth in J.2. At the time the applicant notifies the City, as provided in J.2., the applicant shall simultaneously submit to the City, in a form acceptable to the City, all appropriate appraisals, engineering specifications, legal land descriptions, plans, and other documents deemed necessary by the City to commence its acquisition proceedings. 6. The applicant agrees to deposit with the City, within five days of request by the City, such sums of money as the City estimates to be required for the costs of acquisition. The City may require additional deposits from time -to -time. 7. If the City dismisses the eminent domain action referred to in J.4. above, or if the Superior Court rules in a final judgment that the City may not acquire the necessary property, the applicant shall have no further obligations to pay for the acquisition of the property, nor to install or pay for the improvements on the property. Notwithstanding the foregoing, the applicant shall reimburse the City for all costs incurred to the point of dismissal or to obtain the final judgement, including any court ordered payment amounts included in or resulting from such dismissal or judgement. 8. The applicant shall execute any agreements mutually agreeable prior to providing the notice described in J2. as may be necessary to assure compliance with the foregoing conditions, including, but not limited to, a property acquisition and reimbursement agreement. 9. Failure by the applicant to notify the City, as required by J2., or simultaneously submit the required and approved documents specified in J.S. above, or make the deposits specified in J.6. above, shall, with the exception of J.7. above, constitute applicant's waiver of the requirements otherwise imposed upon the City to acquire necessary interests in the property referred to hereinabove. K The City agrees to accept all public trails within any City -owned open space and the additional City trails required by the County approvals and constructed to County standards, and maintain said trails to City standards, including the Cliffie Stone Trail and Outpost East Trail Rest Area which will be transferred to City ownership as part of the annexation. L. The City agrees that the parks developed as part of the County approvals will be constructed to County standards and dedicated to and maintained by the HOA, except the Outpost East Trail Rest Area, which will be a City facility. M. The City understands the Owner intends to form a Mello -Roos Community Facilities District (CFD) with the California Municipal Finance Authority (CMFA) that will be 4 Packet Pg. 59 1.d authorized to levy annual special taxes and issue bonds to finance approximately $38,000,000 in public improvements and impact fees associated with the Project. Owner agrees to include within the formation of such CFD a separate service special tax over the Project to be levied in perpetuity to fund the management and maintenance of the open space described in Section I of this Agreement. This will generate a minimum of $50,000 per year in revenue, which amount shall be adjusted annually for inflation as described in the County approvals and the Open Space Agreement to be entered into by the City and the Owner. The City shall agree to present to the City Council, for its consideration, a resolution to (a) allow the CFD to be established by CMFA, pursuant to CMFA's Bond Opportunities for Land Development (BOLD) Program, and to be authorized to levy the services special tax described above and a special tax to finance certain improvements that will be City improvements before the annexation, and certain ones that will be City improvements following the annexation, including those improvements listed in Exhibit E (City Improvements), and a portion of the Project's B&T Fees listed in Exhibit E (Financed Fees); (b) authorize the CFD to finance the Stewardship Costs in the amount of $59,000 and remit to the City the CFD services special tax for use by the City as Stewardship Funds, pursuant to the Open Space Agreement (as such terms are defined in the Open Space Agreement); and (c) approve the form and authorize the execution of a joint community facilities agreement with CMFA and the Owner relating to the CFD and an Acquisition Funding Agreement with CMFA and the Owner relating to the City Improvements and the Financed Fees. Should the CFD not be formed, the HOA shall be responsible to cover the applicable costs of maintenance of the open space described in Section I of this Agreement. N. The Developer shall be required to form a Drainage Benefit Assessment Area to fund maintenance of any water quality devices within the Project that the Los Angeles County Flood Control District will not maintain as part of the Storm Drain transfer process. O. The Developer may opt to form a Benefit Assessment District over the Project, such as a Lighting and Landscape Maintenance District (LLMD), to fund the services conditioned by and described in the County approvals where a HOA or County -formed Benefit Assessment District has not been formed over the Project or the Project not been annexed into an existing County -formed Benefit Assessment District. The City agrees to conduct such assessment district proceedings. Such services include, but are not limited to, streetlighting and landscape maintenance. P. Miscellaneous. Severability. If any provision of this Agreement is held, to any extent, invalid, the remainder of this Agreement shall not be affected, except as necessarily required by the invalid provision, and shall remain in full force and effect. 2. Waiver or Modification. Any waiver or modification of the provisions of this Agreement must be in writing and signed by the authorized representative(s) of each party. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver 5 Packet Pg. 60 1.d of the party's right to insist upon and demand strict compliance by the other party with the terms of this Agreement. Binding upon Heirs, Successors and Assigns. The terms, covenants, and conditions of this Agreement shall be binding upon all heirs, successors, and assigns of the parties hereto. 4. Governing Law, Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of California, without reference to choice of law provisions. Any legal actions under this Agreement shall be brought only in the Superior Court of the County of Los Angeles, State of California. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original. The parties agree that this Agreement may be transmitted and signed by facsimile or electronic mail by either/any or both/all parties, and that such signatures shall have the same force and effect as original signatures in accordance with California Government Code Section 16.5 and Civil Code section 1633.7. 6. Interpretation. This Agreement shall be construed according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall apply to the interpretation of this Agreement. 7. Effective Date, Termination, and Enforcement. This Agreement shall become effective following approval by the City Council and upon signature by all parties, and shall continue in full force and effect for the duration of the entitlements described in Paragraph C herein, unless terminated by mutual agreement of the parties in writing. An individual party may terminate this Agreement for default, but only after written notice of default and a failure by the defaulting party to cure the default within 30 days, or if not possible within 30 days, within a reasonable time thereafter, so long as a cure is commenced within 30 days and thereafter diligently pursued until completion. In addition to the right to terminate, as well as any other remedy provided at law, a non - defaulting party may also pursue specific performance as a remedy. SIGNATURES ON THE NEXT PAGE 0 Packet Pg. 61 1.d NOW THEREFORE, the parties hereby execute this Pre -Annexation Agreement as authorized by the City Council of the City of Santa Clarita and BLC Tesoro, LLC. Dated: ATTEST: Mary Cusick, City Clerk APPROVED AS TO FORM: City Attorney CITY OF SANTA CLARITA Laurene Weste, Mayor BLC TESORO LLC, a Delaware limited liability company LIZ By: Name: Title: Name: Title: Packet Pg. 62 1.d EXHIBIT A LOS ANGELES COUNTY APPROVALS FOR VTTM 51644-01 APPROVED NOVEMBER 7, 2018, and AMENDED DUNE 23, 2020, and DUNE 15, 2021, INCORPORATED BY REFERENCE Packet Pg. 63 1.d EXHIBIT B REVISED VTTM 51644-01 INCORPORATED BY REFERENCE r c m E 0 m L Q 0 x Q L a m m 0 L 0 E L Q 0 x Q L a r c m E 0 r r Q Packet Pg. 64 1.d EXHIBIT C VTTM 51644-01 OPEN SPACE EXHIBIT INCORPORATED BY REFERENCE r c m E 0 m L Q 0 x Q L a m m 0 L 0 E L Q 0 x Q L a r c m E 0 r r Q Packet Pg. 65 1.d EXHIBIT D OPEN SPACE AGREEMENT INCORPORATED BY REFERENCE r c m E 0 m L Q 0 x Q L a m m 0 L 0 E L Q 0 x Q L a r c m E 0 r r Q Packet Pg. 66 1.d EXHIBIT E VTTM 51644-01 COMMUNITY FACILITIES DISTRICT EXHIBIT I. Acquisition Improvements' Extension of Avenida Rancho Tesoro ("A" Street) (subject to annexation) (est. cost $4,500,000) II. Financed Fees The B&T Fees shall include the Bridge and Thoroughfare development impact fees imposed and collected by the City pursuant to City Ordinance No. as it may be amended or superseded, net of applicable credits. Estimated B&T Fees-455 SFD Units x $26,800 = $12,194,000 365 Senior Units x $10,720 = $3,912,800 Total Estimated B&T Fees= $16,106,800 less the credit for the Copper Hill Bridae ($4.884.500) estimated net reimbursement of B&T Fees = $11,222,300 Packet Pg. 67 1.e RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: CITY OF SANTA CLARITA 23920 Valencia Boulevard, Ste. 300 Valencia, CA 91355 Exempt from Recording Fee (Gov. Code, § 27383) Space Above Line for Recorder's Use Only OPEN SPACE MANAGEMENT AND MAINTENANCE AGREEMENT This OPEN SPACE MANAGEMENT AND MAINTENANCE AGREEMENT ("Agreement") is made this day of , 2022, by and between BLC TESORO LLC, a Delaware limited liability company ("BLC Tesoro ") and the CITY OF SANTA CLARITA, a political subdivision of the State of California ( "City "), with reference to the following facts: RECITALS A. BLC Tesoro is the owner and developer of that certain residential development project located in unincorporated Los Angeles County (the "County") and known as "Tesoro Highlands" (the "Project"), which Project is the final phase of development of the Tesoro del Valle master planned community and includes the construction of 820 residential units and certain other uses within a total project area of approximately 1,275 acres (the "Project Site"). B. The Project was approved by the County on November 7, 2018 by action of the County's Regional Planning Commission as more fully described in Revised Vesting Tentative Tract Map TR51644-1 (as amended on June 23, 2020 and June 15, 2021) and certain related approvals, including Conditional Use Permit No. 200600210, Discretionary Housing Permit No. 2016001958 and Oak Tree Permit No. 201000029 (the "Project Approvals"), which Project Approvals were issued subject to certain conditions of approval (the "Conditions ofApproval"). C. In furtherance of the Condition of Approval No. 35, and as set forth in that certain Dedication Agreement by and between the City and BLC Tesoro dated as of )2022, the City and BLC Tesoro are entering into this Agreement to provide for the management and maintenance as open space, of certain real property consisting of approximately 770 acres of land currently located in the unincorporated County and depicted visually on Exhibit A-1 attached hereto (collectively, the "City Open Space Areas "). The City Open Space Areas include those areas visually depicted on Exhibit A-1 and legally described on Exhibit A-2 attached hereto as "Parcel 1 and Parcel 2" (712 acres)- D. As required by the Conditions of Approval and as set forth in the Dedication Agreement, additional lands around the perimeter of the development area on the Project Site will be identified and conveyed to the City following the completion of initial grading and the 072906\12678276v7 Packet Pg. 68 1.e landscaping of perimeter slopes. These lands, which are visually depicted on ExhibitA-1 as "Open Space for Future Transfer to the City" (58 acres) are not currently a part of the City Open Space Areas and are not affected by this Agreement but, upon their conveyance to the City they will be added to this Agreement (and included within the City Open Space Areas) through an amendment hereto. A legal description of the "Open Space for Future Transfer to the City" will be created at such time. E. In addition to requiring dedication of the City Open Space Areas, Condition of Approval No. 35 requires that a minimum of Fifty Thousand Dollars ($50,000) annually, subject to CPI increases, be permanently provided for the management and maintenance of the City Open Space Areas. These funds, which are described in the Conditions of Approval as the "Stewardship Funds," will be provided through the "Stewardship Funding Mechanism" described more fully in Section 8(c) below. F. Condition of Approval No. 11 requires BLC Tesoro to comply with certain mitigation measures set forth in that certain Mitigation Monitoring and Reporting Program adopted in accordance with the California Environmental Quality Act and incorporated by reference into the Conditions of Approval ("MMRP"). G. The MMRP includes requirements (the "BLC Tesoro Mitigation Requirements") for BLC Tesoro to undertake certain habitat -related improvements within the City Open Space Areas (the "Habitat Improvements') and, following completion of the Habitat Improvements, to monitor and maintain such Habitat Improvements for a five-year period, which BLC Tesoro Mitigation Requirements are more fully described in the following habitat mitigation and monitoring plans and programs prepared by the Psomas and approved by the County (collectively, the "HMMPs"), including: (i) "Special Status Vegetation Types, Habitat Mitigation and Monitoring Program, Tesoro del Valle Phases B and C, Revised VTTM 51644-1, Los Angeles County, California, EIR Mitigation Measure Bio-l", dated January 25, 2021, (ii) Oak Tree Habitat Mitigation and Monitoring Plan, Tesoro del Valle Phases B and C, Revised VTTM 51644-1, Los Angeles County, California, EIR Mitigation Measure Bio-2" dated November 9, 2020, (iii) Mariposa Lily Habitat Mitigation and Monitoring Plan, Tesoro del Valle Phases B and C, Revised VTTM 51644-1, Los Angeles County, California, EIR Mitigation Measure Bio-3" dated November 9, 2020, and (iv) Western Spadefoot Translocation Program, Tesoro del Valle Phases B and C, Revised VTTM 51644-1, Los Angeles County, California, EIR Mitigation Measure Bio- 4" dated November 2020. Copies of each of the HMMPs are attached hereto and incorporated herein as Exhibit B. H. As more fully set forth below, upon satisfaction of the BLC Tesoro Mitigation Requirements, including completion of the five-year monitoring period established for the Habitat Improvements, City will undertake the long-term maintenance and management of the Habitat Improvements as required by the HMMPs and more fully set forth in each of the HMMPs, and will provide certain reports to the California Department of Fish and Wildlife ("CDFW") as described more fully in the "LTMP" (defined below). I. In addition to addressing the requirements of Conditions of Approval 35 and 11, and as partly set forth in Mitigation Measure Bio-7, this Agreement is intended to satisfy certain requirements contained in that certain Lake or Streambed Alteration Agreement 1600-2020-01- 2 072906\12678276v7 Packet Pg. 69 1.e R5, Revision 3 dated January 28, 2021 (the "LSAA"), between BLC Tesoro and CDFW. the LSAA is attached hereto and incorporated herein as Exhibit C. J. [Intentionally Left Blank] K. [Intentionally Left Blank] L. BLC Tesoro has by separate instruments recorded concurrently herewith conveyed to the City fee title to the City Open Space Areas subject to (i) an easement in favor of BLC Tesoro to conduct the BLC Tesoro Mitigation Requirements, a copy of which is attached hereto as Exhibit D (the "Mitigation Access Easement"); (ii) that certain Multi -Use Trail Easement granted by BLC Tesoro in favor of the County of Los Angeles, dated and recorded in the Official Records of Los Angeles County as Instrument No. (the "Public Trail Easement") affecting those portions of the City Open Space Areas described on attached Exhibit E and (iii) certain easements granted or to be granted by BLC Tesoro to DACA-CASTAIC LLC as required by that certain Joint Cooperation Agreement, dated as of August 10, 2017, a memorandum of which was recorded in the Official Records of Los Angeles County on December 1, 2017, as Instrument No. 20171388438 (the "Tapia Easement"), a copy of which is attached hereto as Exhibit F The Mitigation Access Easement, the Public Trail Easement and the Tapia Easement are sometimes collectively referred to herein as the "Easements. " M. The City Open Space Areas are in a predominantly unimproved natural condition and possesses wildlife and habitat values of great importance to the City and the State of California. The City Open Space Areas provide high quality habitat for numerous plant and wildlife species including the following special status species: slender mariposa lily (Calochortus clavatus var. gracilis), club -haired mariposa lily, (Calochortus clavatus var. clavatus), Peirson's morning-glory (Calystegia peirsonii), Palmer's grapplinghook (Harpagonella palmeri), Southern California legless lizard (Anniella stebbinsi), Santa Ana sucker (Catostomus santaanae), northern harrier (Circus cyaneus), white-tailed kite (Elanus leucurus), unarmored threespine stickleback (Gasterosteus aculeatus williamsonii), arroyo chub (Gila orcutti), loggerhead shrike (Lanius ludovicianus), coast horned lizard (Phrynosoma blainvillii), and western spadefoot (Spea hammondii). Further, the City Open Space Areas contain the following vegetation types: alluvial scrub, elderberry scrub, chamise chaparral, chamise chaparral —annual grassland, sage scrub, sage scrub —annual grassland, chamise chaparral —sage scrub, coast live oak woodland, coast live oak — blue elderberry scrub, holly -leaf cherry woodland, coast live oak —holly -leaf cherry woodland, and mixed chaparral —alluvial scrub —annual grassland. Individually and collectively, these wildlife and habitat values comprise the "Conservation Values" of the Property. N. As more fully set forth below, City agrees to accept title to the City Open Space Areas and, subject to the "Easements" (as defined above and all three of which instruments shall be deemed to be superior at all times to the provisions of this Agreement), to maintain and manage the City Open Space Areas predominantly in their natural, scenic, and open space condition ("Natural Condition") as envisioned by California Civil Code section 815. O. City's maintenance and management of the City Open Space Areas in their Natural Condition shall be in accordance with that certain Long -Term Management Plan 072906\12678276v7 Packet Pg. 70 1.e Tesoro del Valle Residential Development City Open Space Areas, Psomas dated August 19, 2021, a copy of which is attached hereto as Exhibit G (the "LTMP"). P. BLC Tesoro and the City have entered into a pre -annexation agreement, dated , 2022, pursuant to which the Project and the City Open Space Areas may be annexed to the City. Until such annexation has been completed, the County will continue to have regulatory authority over the Project in accordance with the Project Approvals and the Conditions of Approval. Accordingly, given that this Agreement is being entered into in accordance with Condition 35 of the Conditions of Approval, among other Conditions of Approval, the County shall be deemed to be an intended third -party beneficiary of the rights of BLC Tesoro under this Agreement. County's third -party beneficiary status under this Agreement shall terminate upon completion of annexation of the Project, and the City Open Space Areas, to the City. Q. This Agreement shall constitute a mitigation agreement within the meaning of California Government Code section 65965(f). AGREEMENT In consideration of the above recitals and the mutual covenants, terms, conditions, and restrictions contained herein, BLC Tesoro and the City hereby agree as follows: Purposes. (a) The purposes of this Agreement are to ensure the City Open Space Areas will be retained forever in their "Natural Condition" (as defined in Recital N above) and to prevent any use of the City Open Space Areas that will impair or interfere with the Conservation Values of the City Open Space Areas. BLC Tesoro and the City intend that this Agreement will confine the use of the City Open Space Areas to activities that are consistent with such purposes, including, without limitation, those involving the preservation, restoration, and enhancement of native species and their habitats. (b) Notwithstanding anything to the contrary contained herein, any use or activity that is consistent with the LTMP or the Easements shall be deemed to be consistent with the purposes of this Agreement and shall be deemed not to impair or interfere with the Conservation Values of the City Open Space Areas. 2. Rights and Obligations of City In General. To accomplish the purposes of this Agreement, City shall have the following rights and obligations: (a) To preserve and protect the Conservation Values of the City Open Space Areas, including the Habitat Improvements, in perpetuity; (b) To prevent any activity on or use of the City Open Space Areas that is inconsistent with the purposes of this Agreement and to require the restoration of such areas or features of the property that may be damaged by any act, failure to act, or any use or activity that is inconsistent with the purposes of this Agreement; and 4 072906\12678276v7 Packet Pg. 71 1.e (c) To require that all mineral, air and water rights as City deems necessary to preserve, protect, and sustain the biological resources and Conservation Values of the City Open Space Areas shall remain a part of and be put to beneficial use upon the City Open Space Areas, consistent with the purposes of this Agreement. 3. Development Rights. Except as otherwise set forth in the LTMP or the Easements, all present and future development rights appurtenant to, allocated, implied, reserved or inherent in the City Open Space Areas are hereby terminated and extinguished, and may not be used on or transferred to any portion of the City Open Space areas, nor any other property adjacent or otherwise. 4. Prohibited Uses. Except as otherwise set forth herein, any activity on or use of the City Open Space Areas that is inconsistent with the purposes of this Agreement is prohibited. Without limiting the generality of the foregoing, and subject to the terms of or except as otherwise set forth in the LTMP or the Easements, the following uses and activities are expressly prohibited: (a) Unseasonable watering; use of chemical fertilizers, pesticides, biocides, herbicides, rodenticides, fungicides or other agents; incompatible fire protection activities; and any and all other activities and uses which may adversely affect the Conservation Values of the City Open Space Areas or otherwise interfere with the purposes of this Agreement; (b) Use of off -road vehicles and use of any other motorized vehicles except on existing roadways and except in emergencies; (c) Agricultural activity of any kind, except grazing for vegetation management; (d) Recreational activities including, but not limited to, horseback riding, biking, hunting or fishing, except to the extent they are allowed under the Public Trail Easement; (e) Commercial, industrial, institutional, or residential structures or uses; (f) Any legal or de facto division, subdivision or partitioning of the City Open Space Areas, including a request for a certificate of compliance pursuant to the Subdivision Map Act (Gov. Code section 66499.35); (g) Construction, reconstruction, expansion, location, relocation, installation, or placement of any building, billboard or sign (other than trail signage, emergency locator system signage or other public benefit communications), or any other structure or improvement of any kind; (h) Deposit or accumulation of soil, trash, ashes, refuse, waste, bio-solids or any other materials; species; (i) Planting, introduction, or dispersion of non-native or exotic plant or animal 5 072906\12678276v7 Packet Pg. 72 1.e 0) Filling, dumping, excavating, draining, dredging, mining, drilling, removing or exploring for or extracting minerals, loam, soil, sands, gravel, rocks or other material on or below the surface of the City Open Space Areas, or granting or authorizing surface entry for any such purpose; (k) Altering the surface or general topography of the City Open Space Areas, including building new roads or trails, or paving or otherwise covering any portion of the City Open Space Areas except as permitted under the Public Trail Easement or as specified under subsection 4(1) below; (1) Removing, disturbing, altering, destroying, or cutting of trees, shrubs or other vegetation, except as required by law, and except as necessary for (i) fire breaks, (ii) maintenance of existing trails or roads, or (iii) prevention or treatment of disease; (m) Manipulating, impounding or altering any natural water course, body of water or water circulation on the City Open Space Areas, and activities or uses detrimental to water quality, including but not limited to degradation or pollution of any surface or sub -surface waters; (n) Transferring, encumbering, selling, leasing, or otherwise separating the mineral, air, or water rights for the City Open Space Areas; changing the place or purpose of use of the water rights; abandoning or allowing the abandonment of, by action or inaction, any water or water rights, ditch or ditch rights, spring rights, reservoir or storage rights, wells, ground water rights, or other rights in and to the use of water historically used on or otherwise appurtenant to the City Open Space Areas, including but not limited to: (1) riparian water rights; (2) appropriative water rights; (3) rights to waters which are secured under contract with any irrigation or water district, to the extent such waters are customarily applied to the City Open Space Areas; and (4) any water from wells that are in existence or may be constructed in the future on the Property; and (o) Any activity or use that may violate or fail to comply with relevant federal, state, or local laws, regulations, or policies applicable to the City Open Space Areas or the activity or use in question. 5. City's Reserved Rights. City reserves to itself, and to its personal representatives, heirs, successors, and assigns, all rights accruing from its ownership of the City Open Space Areas, including the right to engage in or to permit or invite others to engage in all uses of the City Open Space Areas, that are not expressly prohibited or limited by, and are consistent with the purposes of, this Agreement. 6. BLC Tesoro's Reserved Rights. As more fully set forth in the Mitigation Access Easement, BLC Tesoro have the right to enter onto the City Open Space Areas to perform the BLC Tesoro Mitigation Requirements as set forth in the HMMPs as they may be amended from time to time. Nothing in this Agreement shall be deemed to prevent or impair BLC Tesoro's ability develop and operate any or all portions of the Project outside of the City Open Space Areas as set forth in the Project Approvals and the Conditions of Approval, as they may be amended from time to time, even if such development or operation results in direct or indirect impacts to the City Open Space Areas. 101 072906\12678276v7 Packet Pg. 73 1.e 7. City's Duties. To accomplish the purposes of this Agreement, and not in limitation of any other obligation of City hereunder or under applicable law, City shall: (a) Maintain and manage the City Open Space Areas, including the Habitat Improvements, in their Natural Condition and in accordance with any applicable requirements of the MMRP, the LSAA, the HMMPs or the LTMP. (b) Repair and restore, or pay for the repair and restoration of, any and all damage to the City Open Space Areas, including the Habitat Improvements, that may be caused directly or indirectly by the City [or any third party other than BLC Tesoro or its agents, employees or contractors] prior to BLC Tesoro's completion of the BLC Tesoro Mitigation Requirements, including expiration of the monitoring period established for the Habitat Improvements as confirmed by CDFW (i.e., five years or until such time as performance standards have been met) (the "Monitoring Periods"); provided, however, that City shall not engage in any repair or restoration work with respect to the Habitat Improvements without first securing the consent of BLC Tesoro to City's plan for repair or restoration; (c) Upon completion by BLC Tesoro of the BLC Tesoro Mitigation Requirements, including expiration of the Monitoring Periods, perform all long-term management, maintenance, monitoring and reporting obligations set forth in each HMMP with respect to the Habitat Improvements described in such HMMP and in accordance with the LTMP; and (d) Allow access to the City Open Space Areas by CDFW or (until such time as the Project has been annexed to the City) the County (collectively, the "Regulatory Agencies") as requested by either such Regulatory Agency to inspect the City Open Space Areas to ensure compliance with the permits or approvals issued by such Regulatory Agency; and (e) Secure any and all applicable governmental permits and approvals required for any activity or use undertaken or allowed by City within the City Open Space Areas as required by applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders or requirements. BLC Tesoro Financial Obligations. (a) BLC shall have sole financial responsibility for implementation of the BLC Tesoro Mitigation Requirements in accordance with the HMMPs and the Regulatory Permits (the "Mitigation Costs") until such time as the Monitoring Periods have concluded, at which time City shall assume responsibility, including financial responsibility, for the long-term management and maintenance of the Habitat Improvements. (b) Except as set forth in subsection (a) above, City shall at all times have sole responsibility, including financial responsibility, for the ownership, operation, maintenance, repair and stewardship of the City Open Space Areas as set forth in the HMMPs and the LTMP (collectively, the "Open Space Stewardship"); provided, however, that the funding of the Public 7 072906\12678276v7 Packet Pg. 74 1.e Trail System shall be as set forth in that certain pre -annexation agreement between the City and BLC Tesoro, dated , 2020 (the "Pre Annexation Agreement"). (c) City acknowledges and agrees that the costs of the City's Open Space Stewardship under subsection (b) above (the "Stewardship Costs") will adequately be covered through the establishment by BLC Tesoro, as required under the Project Approvals, of a "CFD" (defined below) to provide funding in the amounts of $59,000 in initial stewardship costs that have been or will be paid by BLC Tesoro to City upon conveyance to the City of the City Open Space Areas and $50,000/year thereafter (subject to an annual CPI increase) commencing upon the first anniversary of conveyance to the City of the City Open Space Area (collectively, the "Stewardship Funds"). With respect to the annual payments described in the foregoing sentence, and as more fully set forth in the Pre -Annexation Agreement, (i) BLC intends to form a Mello -Roos Community Facilities District ("CFD") with the California Municipal Finance Authority (CMFA) that will include a separate service special tax over the Project to be levied in perpetuity to fund the management and maintenance of the open space as described above and (ii) City has agreed to consider approval of a resolution to allow the CFD to be established as described above. The funds so generated will be provided to the City to cover anticipated annual Stewardship Costs after the first year of ownership by the City. (d) In no event shall BLC Tesoro have any financial responsibility for the Open Space Stewardship, or any other costs associated with the City Open Space Areas, other than (i) the Mitigation Costs; (ii) initial establishment of the CFD as described above; or (iii) costs associated with any "Claim" for which BLC Tesoro is responsible under Section 9 or 10 below. 9. Hold Harmless. (a) BLC Tesoro and its successors and assigns shall hold harmless, indemnify, and defend the City and its officials, officers, employees, agents, contractors, and representatives (collectively "City Indemnified Parties") from and against any and all liabilities, penalties, costs, losses, damages, expenses (including without limitation, reasonable attorneys' and experts' fees), causes of action, claims, demands, orders, liens or judgments, including, without limitation, liability arising in connection with personal injury, wrongful death or property damage (each a "Claim" and, collectively, "Claims"), arising from or in any way connected with any act, omission, condition, or other matter related to or occurring on or about the City Open Space Areas, caused by BLC Tesoro or its successors or assigns or its or their agents, contractors or employees. If any action or proceeding is brought against any of the City Indemnified Parties by reason of any Claim to which the indemnification in this Subsection 9(a) applies, then at the election of and upon written notice from such City Indemnified Party, BLC Tesoro and its successors and assigns shall defend such action or proceeding by counsel reasonably acceptable to the applicable City Indemnified Party or reimburse the City Indemnified Party for all expenses (including, without limitation, reasonable attorneys' and experts' fees) incurred in defending the action or proceeding. (b) City and its successors and assigns shall hold harmless, indemnify, and defend BLC Tesoro and its directors, officers, employees, agents, contractors, and representatives (collectively "BLC Tesoro Indemnified Parties") from and against any and all liabilities, penalties, costs, losses, damages, expenses (including without limitation, reasonable attorneys' and experts' fees), causes of action, claims, demands, orders, liens or judgments, including, without 8 072906\12678276v7 Packet Pg. 75 1.e limitation, liability arising in connection with personal injury, wrongful death or property damage (each a "Claim" and, collectively, "Claims"), arising from or in any way connected with any act, omission, condition, or other matter related to or occurring on or about the City Open Space Areas, caused by City or any other person other than BLC Tesoro or its successors or assigns or its or their agents, contractors or employees. If any action or proceeding is brought against any of the BLC Tesoro Indemnified Parties by reason of any Claim to which the indemnification in this Subsection 9(b) applies, then at the election of and upon written notice from such BLC Tesoro Indemnified Party, City and its successors and assigns shall defend such action or proceeding by counsel reasonably acceptable to the applicable BLC Tesoro Indemnified Party or reimburse the BLC Tesoro Indemnified Party for all expenses (including, without limitation, reasonable attorneys' and experts' fees) incurred in defending the action or proceeding. 10. Hazardous Materials. (a) BLC Tesoro represents and warrants that, to BLC Tesoro's knowledge, there has been no release or threatened release of "Hazardous Materials" (defined below) or underground storage tanks existing, generated, treated, stored, used, released, disposed of, deposited or abandoned in, on, under, or from the City Open Space Areas, or transported to or from or affecting the City Open Space Areas. (b) Without limiting the obligations of BLC Tesoro under Section 9(a) above, BLC Tesoro hereby releases and agrees to indemnify, protect and hold harmless the City Indemnified Parties against any and all Claims arising from or connected with any Hazardous Materials or underground storage tanks present, alleged to be present, released in, from or about, or otherwise associated with the City Open Space Areas at any time after it acquired ownership of the City Open Space Areas, provided, however, that this release and indemnification shall be inapplicable to the City Indemnified Parties with respect to any Hazardous Materials placed, disposed or released by any of the City Indemnified Parties. This release and indemnification includes, without limitation, Claims for (i) injury to or death of any person or physical damage to any property; and (ii) the violation or alleged violation of, or other failure to comply with, any "Environmental Laws" (defined below). If any action or proceeding is brought against any of the City Indemnified Parties by reason of any Claim to which the indemnification in this Section 10(b) applies then, at the election of and upon written notice from such City Indemnified Party, BLC Tesoro and its successors and assigns shall defend such action or proceeding by counsel reasonably acceptable to the applicable City Indemnified Party or reimburse the City Indemnified Party for all expenses (including, without limitation, reasonable attorneys' and experts' fees) incurred in defending the action or proceeding. (c) The term "Hazardous Materials" includes, without limitation, (i) material that is flammable, explosive or radioactive; (ii) petroleum products, including by-products and fractions thereof, and (iii) hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials defined in CERCLA; Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.); the Hazardous Materials Transportation Act (49 U.S.C. Section 5101 et seq.); the Hazardous Waste Control Law (California Health & Safety Code section 25100 et seq.); the Hazardous Substance Account Act (California Health & Safety Code section 25300 et seq.), and I 072906\12678276v7 Packet Pg. 76 1.e in the regulations adopted and publications promulgated pursuant to them, or any other applicable Environmental Laws now in effect or enacted after the date of this Agreement. (d) The term "Environmental Laws" includes, without limitation, any federal, state, local or administrative agency statute, ordinance, rule, regulation, order or requirement relating to pollution, protection of human health or safety, the environment or Hazardous Materials. BLC Tesoro's activities upon and use of the City Open Space Areas by BLC Tesoro, its agents, employees, invitees and contractors will comply with all Environmental Laws. 11. Transfers. City may assign its rights and delegate its obligations under this Agreement only to a party authorized to enter into mitigation agreements under Government Code section 65965, and only with the prior written approval of BLC Tesoro. In the event of any such assignment, which shall be recorded in the official records of the County of Los Angeles, the City shall concurrently transfer to such assignee any and all funds representing any or all of the Minimum Annual Commitment provided by BLC Tesoro Notices. All notices or other communications required or permitted under this Agreement shall be given in writing and shall be personally delivered (including by means of professional messenger service), sent by overnight courier, or sent by registered or certified U.S. mail, postage prepaid return receipt requested to the addresses set forth below. All notices sent by U.S. mail shall be deemed received five (5) days after the date of deposit with the United States Postal Service, and all notices sent by other means permitted herein shall be deemed received on the date delivered. Notice may also be given by electronic mail transmission ("E-Mail") to any party at the respective E-Mail addresses listed below, provided that notice is also concurrently given by one of the other methods authorized above. An E-Mail delivered after 5:00 P.M. Pacific Time on any business day or anytime on the weekend or a legal holiday shall be deemed delivered on the next business day. Either of the parties may change their addresses by providing written notice thereof to the other parties in the manner set forth above without the need to amend this Agreement. To BLC Tesoro: Newport Pacific Land 100 Bayview Circle, Ste. 240 Newport Beach, CA 92660 Attn: John Patterson Telephone: (949) 945-2290 Email: jpatterson@npland.com With a copy to: Cox, Castle & Nicholson 50 California Street, 32d Floor San Francisco, California 92614 Attn: Clark Morrison Telephone: (415) 262-5113 Email cmorrison@coxcastle.com To City: City of Santa Clarita 23920 Valencia Boulevard, Ste. 300 Santa Clarita, California 91355 Atten: Kenneth W. Striplin Tel: 661-255-4905 10 072906\12678276v7 Packet Pg. 77 1.e Email: kstriplin@santa-clarita.com 12. Amendment. BLC Tesoro and the City may amend this Agreement only by mutual written agreement. Any such amendment shall be consistent with the stated purposes of this Agreement, shall not affect its perpetual duration, and shall be recorded in the Official Records of Los Angeles County, California. 13. General Provisions (a) Controlling Law. The laws the State of California, disregarding the conflict of laws principles of such state, shall govern the interpretation and performance of this Agreement. (b) Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Agreement shall be liberally construed in favor of and to effect the purposes of this Agreement set forth in Section 1 and the policy and purpose set forth in California Civil Code Section 815et seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purposes of this Agreement that would render the provision valid shall be favored over any interpretation that would render it invalid. (c) Change of Conditions. If one or more of the purposes of this Agreement may no longer be accomplished, such failure of purpose shall not be deemed sufficient cause to terminate the entire Agreement as long as any other purpose of the Agreement may be accomplished. In addition, the inability to carry on any or all of the permitted uses, or the unprofitability of doing so, shall not impair the validity of this Agreement or be considered grounds for its termination or extinguishment. (d) Severability. If a court of competent jurisdiction voids or invalidates on its face any provision of this Agreement, such action shall not affect the remainder of this Agreement. If a court of competent jurisdiction voids or invalidates the application of any provision of this Agreement to a person or circumstance, such action shall not affect the application of the provision to other persons or circumstances. (e) Entire Agreement. This instrument together with the attached exhibits and any documents referred to herein sets forth the entire agreement of the parties with respect to the Agreement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Agreement. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment signed by both parties. (f) Successors and Assigns. The covenants, terms, conditions, and restrictions of this Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns and shall constitute a servitude running in perpetuity with the City Open Space Areas. (g) Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon its construction or interpretation. 11 072906\12678276v7 Packet Pg. 78 1.e (h) Counterparts. The parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by all parties; each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. (i) Exhibits. All Exhibits referred to in this Agreement are attached and incorporated herein by reference. 0) Warranty. BLC Tesoro represents and warrants that, to BLC Tesoro's knowledge, and except for the Mitigation Access Easement, the Public Trail Easement and the Conservation Easement, or as otherwise disclosed to the City in a title report delivered before the execution of this Agreement, there are no outstanding mortgages, liens, encumbrances or other interests in the City Open Space Areas (including, without limitation, mineral interests) which have not been expressly subordinated to this Agreement, and that the City Open Space Areas are not subject to any other Agreement. BLC Tesoro makes no representations or warranties concerning the existence, character or nature of any water or water rights that may be appurtenant to the City Open Space Areas. (k) Effective Date. This Agreement shall become effective upon its recordation in the Official Records of Los Angeles County, California. (signatures on following pages) 12 072906\12678276v7 Packet Pg. 79 1.e Signature page to OPEN SPACE MANAGEMENT AND MAINTENANCE AGREEMENT IN WITNESS WHEREOF BLC Tesoro and the City have executed this Agreement as of the day and year first above written and have agreed to be bound by the terms and provisions hereof. BLC TESORO LLC, a Delaware limited liability company By: By: Name: Title: Name: Title: CITY OF SANTA CLARITA, a California municipal corporation By: Name: Title: APPROVED AS TO FORM: By: Name: Title: City Attorney 13 072906\12678276v7 Packet Pg. 80 1.e A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On 1 , before me, (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 14 (Seal) 072906\12678276v7 Packet Pg. 81 1.e A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On 1 , before me, (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 072906\12678276v7 Packet Pg. 82 1.e Exhibits A-1 and A-2 City Open Space Areas [See Attached] 072906\12678276V7 Packet Pg. 83 1.e Exhibit B HMMPs [See Attached] 072906\12678276V7 Packet Pg. 84 1.e Exhibit C L SAA [See Attached] 072906\12678276V7 Packet Pg. 85 1.e Exhibit D Mitigation Access Easement [See Attached] c m E m m L Q 0 X Q L a m m 0 L 0 U) Y L Q :.i .C� G c� C C� G c.� Q CO CL 0 cD C u Q 072906\12678276V7 Packet Pg. 86 1.e Exhibit E Public Trail Easement [See Attached] c m E m m L Q C 0 X C C Q L a m m 0 L 0 w Y C E L Q :.i C M C w C .C� G C C E C C� G c.� Q Co C CL 0 �+ C E M U Q 072906\12678276V7 Packet Pg. 87 1.e Exhibit F Tapia Easement [See Attached] c a� E a� a� L Q �.a M x a) C Q d 0 L 0 N d H r C d E d d L Q V M .C� C C M d E d CD C� C M Q U) C Q 0 C d E M u i.+ 072906\12678276V7 Packet Pg. 88 1.e Exhibit G LTMP [See Attached] 072906\12678276V7 Packet Pg. 89 Los Angeles County Department of Regional Planning Planning for the Challenges Ahead Amy J. Bodek, AICP Director Dennis Slavin Chief Deputy Director November 14, 2018 Mr. Schlesinger Bristol Land Company LLC 100 Bayview Circle, Suite 2200 Newport Beach, CA 92660 Dear Mr. Schlesinger: PROJECT NO.92074-(5) REVISED VESTING TENTATIVE TRACT MAP NO.51644-1 CONDITIONAL USE PERMIT NO. DISCRETIONARY HOUSING PERMIT NO. OAK TREE PERMIT NO. PROJECT SITE APNS: 3244-159-034 & -046; 3244-160-017 thru -025; 3244-161-001 thru -023; 3244-162-001 thru -006; 3244-163-003 thru -007; 3244-164-001 thru -009 (all inclusive) The Regional Planning Commission (Commission), by its action of November 7, 2018, has approved the above -referenced project. Enclosed are the Commission's Findings and Conditions of Approval. Please carefully review each condition. This approval is not effective until the appeal period has ended and the required documents and applicable fees are submitted to the Regional Planning Department (see enclosed Affidavit of Acceptance Instructions). In addition, any applicable California Environmental Quality Act fees for the Department of Fish and Wildlife shall be paid, and a Notice of Determination, if applicable must be filed with the County Clerk according to the instructions with the enclosed Affidavit of Acceptance. A Notice of Exemption, if applicable, may also be filed according to the instructions in the enclosed Affidavit of Acceptance. For questions or for additional information, please contact Marie Pavlovic of the Land Divisions Section at (213) 974-6433, or mpavlovic@planning.lacounty.gov 320 Wcst Temple Street - Los Angeles, CA 90012.213-974-6411 - TDD: 2I 3-617-2292 1000 r.q-LACDRP I planning.lacounty.gov Mr. Schlesinger/Bristol Land Company LLC November 20, 2018 Page 2 Sincerely, Amy J. Bodek, AICP Director :j � 0�1- Joshua Huntington, Supervising Regional Planner Land Divisions Section JH:MP Enclosures: Findings, Conditions of Approval, Affidavit of Acceptance (Permittee's Completion), Notice of Determination (1 original, 1 copy) c: Board of Supervisors LD_NOVEMSER 7. 2018 TR51644-1 FINDINGS OF THE REGIONAL PLANNING COMMISSION AND ORDER COUNTY OF LOS ANGELES PROJECT NO. 92074.(5) CONDITIONAL USE PERMIT NO.200600210 HOUSING PERMIT NO.2016001958 OAK TREE PERMIT NO.201000029 1. The Los Angeles County ("County") Regional Planning Commission ("Commission") held a duly -noticed public hearing on June 27, 2018, August 1, 2018, and November 7, 2018 in the matter of Project No. 92074-(5), consisting of Conditional Use Permit No. 200600210 ("CUP"), Discretionary Housing Permit No. 2016001958 ("HP"), and Discretionary Oak Tree Permit No. 201000029 ("OTP"). The CUP, HP, and OTP are referred to collectively as the "Project Permits." The Project Permits were heard concurrently with Revised Vesting Tentative Tract Map TR51644-1 ("Revised Vesting Map"). 2. Unless otherwise apparent from the context, permittee or successor in interest ("penmittee") shall include the applicant, owner of the property, and any other person, corporation, or other entity making use of this grant. 3. BLC Tesoro ("permittee"), requests the Project Permits to authorize an 820-unit residential density -controlled development ("DCD") in a Hillside Management Area ("HMA") and Significant Ecological Area ("SEA"), and grading of more than 100,000 cubic yards. The applicant is also seeking a 21.2% density bonus in return for a senior citizen housing set -aside of 365 dwelling units and the authorization to remove 11 oak trees and to encroach into the protected zone of one oak tree. 4. The Project is located east of Interstate 5 Freeway (1-5") within the eastern portion of the Santa Clarita Valley, adjacent to the City of Santa Clarita. The project site is adjacent to, and northwesterly of, the mostly constructed Phase A of the Tesoro del Valle development, just north of Avenida Rancho Tesoro and west of Casa Luna Place. The Angeles National Forest is approximately 3,000 feet north of the northernmost project boundary, and Castaic Lake is approximately two miles to the northwest. 5. The CUP is a request to establish a DCD in an SEA and HMA, and includes on -site grading exceeding 100,000 cubic yams pursuant to Los Angeles County Code ("County Code") sections 22.24.150 and 22.56.215. 6. The Discretionary Housing Permit is a request to receive a 21.2% density bonus in return for a senior citizen housing set -aside of 365 dwelling units. 7. The OTP is a request to authorize the removal of 11 oak trees and encroach into the protected zone of one oak tree. 8. The Revised Vesting Map is a related request to subdivide 1,274.6 acres into 811 lots: 696 single-family residence lots; nine multi -family residence lots developed with 124 CC 04 0017 CONDITIONAL USE PERMIT NO.200600210 FINDINGS HOUSING PERMIT NO.2016001958 PAGE 2 OF 16 OAK TREE PERMIT NO.201000029 detached condominium units; 15 debris basin lots; 12 water quality basin lots; three water tank lots; one helipad lot; five senior recreation area lots; one senior recreation center lot; six linear park lots; nine private park lots; one private recreation center lot; 29 open space lots; and 24 private driveway/private and future street lots. 9. The Project site is 1,274.6 gross acres in size and consists of 54 lots. The Project site has four water tanks on two graded pads; but, is otherwise undeveloped. The Project site is located within an HMA and consists of moderately steep to steep terrain in the central, western, and northern portions of the property, leveling off towards the east along the bottom of San Francisquito Creek. The SEA 20 (Santa Clara River), formerly identified as SEA 19 (San Francisquito Creek), crosses the most northwesterly portion of the Project site within Area C. The proposed development is located outside of this SEA. 10.The Project was filed prior to the adoption of the "One Valley, One Vision" Santa Clarita Valley Area Plan in 2012, therefore, the applicant has the option of being reviewed for consistency with the previous SCVAP, which was adopted in 1984 and updated in 1990. The applicant has elected for the Project to be subject to the goals, policies, and land use categories of the 1990 SCVAP. The Project Site is located in the Castaic Canyon Zoned District and is currently zoned R-1 (Single -Family Residence — 5000 square feet minimum lot size), A-2-2 (Heavy Agricultural — 2-acre minimum lot size), and RPD-20,000-2.8U (Residential Planned Development — 20,000 square feet minimum lot size -- 2.8 dwelling units per acre). However, the applicable zoning is A-2-2 (Heavy Agricultural — 2 acre minimum lot size), and RPD-20,000-2.8U (Residential Planned Development — 20,000 square feet minimum lot size — 2.8 dwelling units per acre). 11.The Project Site is located within the H2 (Residential — 2 dwelling units per acre), RL5 (Rural Land — 5 acre minimum lot size), and RLZO (Rural Land —10 acre minimum lot size) land use categories of the 2012 SCVAP's Land Use Policy Map. However, the applicable land use categories are N-1 (Non -Urban -- 1du12ac), (Urban — 1.1 to 3.3 dulac), W (Floodplain Management Areas) which generally prohibits development, and HM (Hillside Management) which consists of slopes greater than 25% and typically limits density to 0.5 residential units per acre for slopes less than 50% in grade and 0.05 dwelling units per acre for slopes with grades of 50% or more. 12. Surrounding Zoning within a 500-foot radius includes: North: A-2 (Heavy-Agricultural-10,000 square feet minimum lot size) South: R-1 (Single-family residence--5,000 square feet minimum lot size), O-S (Open Space) East: A-2 (Heavy-Agricultural--10,000 square feet minimum lot size), RPD- 20,000-2.8U (Residential Planned Development — 20,000 square feet minimum lot size-2.8 du.ac), RPD-12,000-3.7U (Residential Planned Development-12,000 square feet minimum lot size-3.7 dulac), R-3-24U-DP CONDITIONAL USE PERMIT NO.200600210 FINDINGS HOUSING PERMIT NO.2016001958 PAGE 3 OF 16 OAK TREE PERMIT NO.201000029 (Limited Multiple Residence-24 du/ac-Development Program), and R-1 (Single -Family Residence) West: A-2-5 (Heavy -Agricultural - 5 acre minimum lot size) 13. Surrounding land uses within a 500-foot radius include: North: vacant land South: single-family residences, Tesoro Adobe Historic Park East: vacant land, single-family residences West: vacant land 14. The Tesoro del Valle development ("VTTM 51644") was approved in 1999 for the buildout of a total of 1,791 dwelling units in four Areas (A, B, C, D), approximately 6.2 acres of commercial use (40,000 square feet), 61.8 acres of active parks, a 13.9-acre recreation center, an elementary school site, a National Register of Historic Places site (Tesoro Adobe Historic Park), bicycle/hiking, equestrian trails throughout the original 1,795-acre site, a fire station site, water quality/retention basins, water tank sites, equestrian rest areas, and permanent open space. A revised Mitigation Monitoring Plan and Findings of Fact and Statement of Overriding Considerations that reflect the redesign were also adopted as revised in May 1999. From May 1999 through 2004, the County of Los Angeles Department of Regional Planning ("DRP") approved various amendments to VTTM 51644 with respect to Phase A. An amended map was approved in August 2002 authorizing relocation of units within the multi -family residence lots, water tank redesign, and grading changes. A subsequent amended map was approved in March 2003 authorizing imposition of mitigation trees for the removal of dead heritage oak trees performed under County Forester supervision, reconfiguration of lots, expanded square footage of the commercial site to 75,000 square feet, and modified grading in connection with 7 retaining walls exceeding 6' in height. A third amended map was approved in August 2003 authorizing a reduction of multi -family units and minor changes to open space configuration grading. The final recorded map for Phase A was approved on July 21, 2004. Build -out of Phase A was completed in 2006, in accordance with the final recorded map, unit map 11. 15. The Revised Vesting Map dated December 12, 2017 depicts 811 lots: 696 single- family residence lots; nine multi -family residence lots developed with 124 detached condominium units; 15 debris basin lots; 12 water quality basin lots; three water tank lots; one helipad lot; five senior recreation area lots; one senior recreation center lot; six linear park lots; nine private park lots; one private recreation center lot; 29 open space lots, and 24 private driveway/private and future street lots on 1.274.6 acres. The development would be served by a main public loop road that is provided by extending the existing Avenida Rancho Tesoro Road and Casa Luna Road. All 365 senior citizen housing units are proposed to be located south of the loop road and to be served by two gated access points. The 346 dwelling units located north of the CONDITIONAL USE PERMIT NO.200600210 FINDINGS HOUSING PERMIT NO.2016001958 PAGE 4 OF 16 OAK TREE PERMIT NO.20'1000029 loop road will be served by three gated access points while the 109 single-family lots located east of the Avenida Rancho Tesoro extension will have unrestricted access. The Exhibit "A"/Exhibit Map dated December 12, 2017 depicts a total of 811 lots and 124 detached condominium dwelling units in two locations south of the loop road, along with access, grading, drainage, infrastructure, and other open space, recreational, and public facility uses. 16.The Project will provide a senior citizen housing set -aside of 365 dwelling units (241 single-family residence lots and nine multi family residence lots developed with 124 detached senior citizen housing condominium dwelling units). The senior citizen housing units are located in the southwestern portion of the Project site and extend between the Casa Luna Place extension to C Street. Hillsides separate the senior citizen housing units from other, single-family residence lots. Senior citizen housing unit amenities include one private senior recreation center, and five private recreation areas located within the senior multi -family developments. 17.Additionally, the applicant has proposed a voluntary monetary contribution to CDC for the development of affordable housing within the fifth supervisorial district to support local efforts to develop affordable housing. 18.The Project will comply with all parking requirements of the County Code. 19.The Project Site is accessible via Avenida Rancho Tesoro (eastem access) and Tesoro Del Valle Drive (western access) from Copper Hill Drive. 20.The proposed internal circulation systems consists of extending and connecting Tesoro Del Valle Drive and Casa Luna Place, that connects to Avenida Rancho Tesoro, to form a public loop road providing two points of access. Internal streets are designed to branch off of the loop road. Seven private and future streets are designed to branch off of the loop road at various locations providing access to development located south of road, and three private and future streets branch off to the north of the loop road providing access to the estate lots. Access to units south and north of the loop road will be gated, five gates total, while access to units west of the Avenida Rancho Tesoro extension will be un-restricted. The loop road will also provide direct access to the extension of Reyes Adobe Way, which will be a public street. Street B provides access to the senior condominium developments with each development utilizing a private driveway and fire lane system for internal access. Additionally, an off -site easement along the projecVs western boundary would provide future emergency access to the proposed adjacent residential community. 21.The applicant began community outreach efforts in 2015 starting with the Tesoro Homeowners Association ("HOA") Land Use Committee on March 5, 2015. Since then, the applicant has met with residents, individuals, interest groups, town councils, a public agency, and other various parties as provided in the table below: CONDITIONAL USE PERMIT NO.200600210 HOUSING PERMIT NO.2016001958 OAK TREE PERMIT NO.201000029 Date FINDINGS PAGE 5 OF 16 'Tesoro HOA Land Use Committee 103/05/15, 12/13/16, $ Monthly Thereafter Tesoro Phase A Residents 03/25/15, 12/17/15, 01/14/16, 10118116, 05/25/17, 03/01/18 Laurie SWn le Tesoro Resident 02/27/18 Andrew Daymude (HOA Consultant) and Tim Collins HOA Board Member 09/13/17 San Francis uito Canyon Residents 10/18/16, 02/22/18 West CreekNVest Hills HOA 10/19/16, 12/10/15 West Ranch Town Council 10/13/16, 12/10/15 Castaic Area Town Council 01/19/17 Santa Clarita Valley Trail Users 11/01/16, 03/01/18 Tesoro Elementary School 05/23/17, 04/24/18 Rio Norte Junior High School 05/23/17, 04/24/18 Henry Mayo Newhall Hospital Foundation 03/15/18 07/13/17 Tataviam Band of Mission Indians City of Santa Clarita 07/09/14, 10/29/14, 11/18/14, 3118/15. 06/17/15, 10/04/17, 03/30/18 Santa Clarita Valley City Council 1211715, 01/26/16, 2117/16. 10/06/16, 02/22/18 10/06/16, 03/15/18 Santa Clarita Valley Chamber of Commerce Golden state Gateway Coalition 10/11/16, 03/01/18 , vauey industry Association 04/04/17 Santa Clarita Valley Economic 10118/16, 03/01/18 Development Corporation Southland Regional Association of 03/30/18, 06/08/18 Realtors Saugus School District 12/11/14 Tesoro School PTA Board 12/17/15 Tesoro Elementary School 04/24/18 22.A draft Supplemental Environmental Impact Report ("DSEIR") was prepared, which evaluated the potential project -specific and cumulative environmental Impacts of the Project. The DSEIR was published on February 27, 2018 and comment period closed on April 12, 2018. The mitigation measures necessary to ensure the Project will not have a significant effect on the environment are contained in the Mitigation Monitoring and Reporting Program ("MMRP") prepared for the Project. After the close of the comment period for the DSEIR, a final Supplement Environmental Impact Report ("final SEIR") was prepared in accordance with section 15089 and 15132 of the Cali€omia Environmental Quality Act ("CEQA") Guidelines, which include contents: public comments and response to comments, MMRP and Statement of Overriding Considerations ("SOC") and Findings of Fact, CONDITIONAL USE PERMIT NO.200600210 FINDINGS HOUSING PERMIT NO.2016001958 PAGE 6 OF 16 OAK TREE PERMIT NO.201000029 The following environmental factors were addressed in the final SEIR: aesthetics; agriculturelforest resources; air quality; biological resources; cultural and paleontological resources; energy; greenhouse gases; geology and soils; hazards including fire and hazardous materials; hydrology and water quality; land use and planning; mineral resources; noise; population and housing; public services including law enforcement and fire protection; recreation; transportation/traffic; tribal cultural resources; utilities and service systems including water supply, wastewaterlsewage disposal, and solid waste. Significant and unavoidable impacts identified in the final EIR after implementation of the required project design features and/or mitigation measures as enforced by the Project's MMRP related to transportation/traffic and aesthetics. With respect to transportation/traffic, the Project would result in significant and unavoidable impacts at the following intersections: • The Old Road and 1-5 southbound ramps. Existing With Project (PM peak hour) and Future Cumulative With Project (AM and PM peak hours) • The Old Road and Rye Canyon Road. Future Cumulative With Project (PM peak hour) • The Old Road and Magic Mountain Parkway. Future Cumulative With Project (PM peak hour) • 1-5 southbound ramps and Magic Mountain Parkway. Future Cumulative With Project (AM and PM peak hours). • Copper Hill Drive and Decoro Drive. Future Cumulative With Project (AM and PM peak hours) • Tesoro Del Valle -Rio Norte Drive/Copper Hill Drive. Existing With Project and Future Cumulative With Project (AM and PM peak hours) • Rye Canyon Road/Copper Hill Drive and Newhall Ranch Road. Future Cumulative With Project (PM peak hour). Four transportation/traffic mitigation measures are required to reduce impacts to the greatest extent feasible. Intersection improvements are required at The Old Rd and 1-5 SB Ramps consisting of widening of all intersection approaches and lane additions. Intersection improvements are required at The Old Rd and Rye Canyon Rd consisting of the widening roads, lane additions, and installation of a traffic signal. Intersection improvements are required at McBean Pkwy and Copper Hill Dr. consisting of modifying eastbound and westbound approaches on Copper Hill Dr., land additions, and widening of the Copperhill Bridge, and restriping of intersection approach. The other intersections are completely built out and there are no feasible measures available to mitigate peak traffic impacts. The applicant is required to pay its pro rats share of the cost for improvements and/or Valencia Bridge and Thoroughfare District. With respect to aesthetics, the Project would result in a reduction of grading footprint, however the alterations to the ridgeline as shown Viewpoints 4 (view from Avenida Rancho Tesoro, south of Tesoro Del Valle Drive, looking northwest at the Project site); 6 (view from the intersection of Copper Hill Drive and McBean Parkway looking CONDITIONAL USE PERMIT NO.200600210 FINDINGS HOUSING PERMIT NO.2016001958 PAGE 7 OF 16 OAK TREE PERMIT NO. 201000029 northwest at the Project site); 7 (view from San Francisquito Canyon Road, near 28636 San Francisquito Canyon Road, looking west at the Project site), and 8 (view from near intersection of San Francisquito Canyon Road and Lowridge Place, looking west at the Project site) wouid continue to result in significant and unavoidable impacts to the aesthetic/visual character of the Project site and there are no feasible measures to mitigate the impacts. A Statement of Overriding Considerations is required to allow the approval of the Project in light of the above -identified remaining significant and unavoidable impacts. The Commission finds, as set forth in the prepared CEQA Findings and SOC, which was adopted by the Commission after the close of its August 1, 2018 public hearing, that the benefits and value of the Project outweigh the remaining significant impacts of the Project after all feasible mitigation has been implemented. The benefits of the Project include, but are not limited to, permanent preservation of approximately 881 acres of the site as natural open space including the SEA within the northeastern portion of the project s€te, permanent protection of natural terrain and biotic resources through Project conditions and on -site deed restrictions, provision of a 2.1-acre site for a helistop, a 1.7 mile extension of an existing public trail (Cliffie Stone Trail) and provision of easements for an additional 3.5 miles of public trails connecting to the existing regional trail system, provision of senior citizen housing set -aside of 365 dwelling units. These, and other project design features beyond those that are required, which are more fully described in the CEQA Findings and SOC, provide benefits supporting the determination that the benefits of the Project outweigh the Project's remaining significant and unavoidable impacts. 23.The DSEIR was circulated to numerous other agencies from February 27, 2018 to April 12, 2018. This was done through the State Clearinghouse, as well as individual agency consultations. Responses were received from the Federal Emergency Water Agency ("FEMA"), California Department of Fish and Wildlife ("CDFW"), the California Department of Transportation ("Caltrans"), South Coast Air Quality Management District ("SC, AQMD"), Local Agency Formation Commission ("LAFCO"), Santa Clarita Valley Water Agency ("SCVWA"), City of Santa Clarita, Santa Monica Mountains Conservancy ("SMMC"), and the Femandeno Tatavium Band of Mission Indians. The final SEIR responds to all comments received during this period. 24.The Subdivision Committee comprised of County Departments cleared the Vesting Tentative Tract Map dated December 12, 2017 for public hearing. The County Department of Public Works ("Public Works") recommends approval of this Project and has recommended conditions of approval, which are included in the Project's conditions. The County Fire Department ("Fire Department") recommends approval of this Project because the Project will provide adequate fire access, water flow, fire suppression technology, and replacement oak trees. The County Department of Parks and Recreation ("Parks and Recreation") has indicated that the proposed Project will not have impacts to its facilities. The County Department of Public Health ("Public Health") recommends approval of the Project based on review of the Water Supply Assessment ("WSA") for Newhall County Water District ("NWCD") and the CONDITIONAL USE PERMIT NO.200600210 FINDINGS HOUSING PERMIT NO.2016001958 PAGE 8 OF 16 OAK TREE PERMIT NO.201000029 project's use of public sewer. The aforementioned County departments as well as the Sheriffs Department, County Library, and County Sanitation District were consulted regarding the Draft SEIR ("DSEIR"), which was circulated to them from February 27, 2018 to April 12, 2018. The final SEIR responds to all comments received during this period. 25. Pursuant to the provisions of sections 22.60.174 and 22.60.175 of the Zoning Code, the community was appropriately notified of the Project's public hearings by mail, and newspaper, and property posting. Notices were mailed to properties located within a 1,000-foot radius of the project site; those listed on the courtesy mailing list for the Castaic Canyon Zoned District; and any interested party that requested notification by mail. Notices were e-mailed to parties that provided comments on the Draft Supplemental EIR via e-mail. Additionally, Project case materials were made available at the following five libraries: Castaic; Valencia; Old Town Newhall; Canyon Country JoAnne Darcy; and Stevenson Ranch. 26.Since the distribution of the notice of public hearing, the County has received a total of nine letters — five in opposition to the Project and three in support. These letters are in addition to comments received on the DEIR, the contents of which are addressed in the FEIR. The constituents who wrote letters in opposition to the Project cite concerns about safety, overcrowding, adequate water supply, Project location, air quality during construction, fire and traffic safety, the proposed extension of Casa Luna Drive, and impact to owls near Casa Luna. Staff received three letters in support of the Project. Support is given on the basis that a greater amount of natural open space would be provided, the development footprint would be reduced; a mix of housing and new recreation facilities are proposed, and additional emergency vehicle only access is included. Additionally, a letter was received from Leo Lee regarding the Projecfs impact to his property's private access. 27.A duly noticed public hearing was opened on June 27, 2018, and at the recommendation of staff, continued to August 1, 2018 to allow staff time to conclude consultation with the Community Development Commission. During the August 1, 2018 public hearing, the Commission heard presentations from staff and the applicant. The applicant's presentation included a proposal to eliminate the Adobe Reyes Way road connection as depicted on the vesting tentative map before the Commission. Public testimony was also heard. Eight persons testified in support of the Project. Two people spoke in opposition to the Project, citing concerns about the removal of oak trees, growth without providing affordable housing, destruction of habitat, and grading of hillsides. Five people voiced concerns; but, didn't necessarily speak for or against the Project. Concems include worsening traffic safety, increase in HOA fees, placing more Dousing in a high fire hazard area, lack of funds to maintain natural open space mitigation lands, lack of private access for an adjacent property owner, lack of flood evacuation for adjacent development. After all testimony, the Commission discussed the Project and continued the public hearing to a date certain of November 7, 2018, so that staff could provide clarification on when the custodian of the open space must be designated; public trails accessibility; number of proposed tree plantings; term length of senior units; and age restrictions of occupants residing in senior units. The CONDITIONAL USE PERMIT NO.200600210 FINDINGS HOUSING PERMIT NO.2016001958 PAGE 9 OF 16 OAK TREE PERMIT NO.201000029 Commission also requested that the mitigation measures related to Greenhouse Gases be reviewed by the Chief Office of Sustainability and further asked of staff to look into modifying the charitable contribution to target a specific population, make the money adjustable to inflation, and limit expenditure of the money to the Santa Clarita Valley. The Commission also asked the applicant to consider an approach to homelessness and affordable housing. Between the June 27, 2018 and November 7, 2017, the applicant filed a map revision proposing elimination of the Adobe Reyes Way through connection in response to community feedback. The map revision also clarified trail easements will be dedicated to the County over all public trails. A continued public hearing was held on November 7, 2018 before the Commission. At the public hearing, staff and the applicant as well as the applicant's associate gave presentations. Public testimony was heard from 20 persons including 16 people who spoke in opposition to an on -site homeless shelter, one person who spoke in favor of the Project, and one person who spoke in opposition to the Project due to a concern about an increase in traffic. Two people spoke about specific concerns that include lack of private access for an adjacent property owner and lack of a public access connection between the subject Property and the proposed Tapia Development to the northwest, rather than in support or opposition to the Project. After all discussion, where some Commissioners voiced concern about the Project's lack of affordable housing, the Commission voted 3-2 to approve the Project with incorporation of a condition that requires an annual payment to the designated natural open space manager to maintain the lands. 28.The subject Revised Vesting Map is subject to the provisions of Sections 21.38.010 through 21.38.080 of the County Code. 29.The Project was submitted prior to the adoption of the "One Valley, One Vision" Santa Clarita Valley Area Plan in 2012; therefore, the applicant has the option of being reviewed for consistency with the previous SCVAP, which was adopted in 1984 and comprehensively updated in 1990. The applicant has elected for the Project to be subject to the goals, policies, and land use categories of the 1990 SCVAP. The applicant proposes to redistribute the 475 unbuilt dwelling units from Phase/Area A to the project site within the HM land use category. The 1990 SCVAP Land Use Element defines a density transfer as the "rearrangement of allowed residential units among various land use classifications on a project site." In addition, the 1990 SCVAP, expressly authorizes density transfer among land use classifications within a project site (regardless of urban or non -urban designation) when geological and topographic data support the need, the number of units is not increased, and health and safety is not detrimentally affected. It is also recognized as a tool to preserve significant ecological areas. Density transfer and clustering of structures are encouraged in urban and non -urban hillsides from steeper to more gently rolling and level land as a means of preserving the natural terrain, minimizing grading and reducing exposure to natural hazards. CONDITIONAL USE PERMIT NO.200600210 FINDINGS HOUSING PERMIT NO.2016001958 PAGE 10 OF 16 OAK TREE PERMIT NO.201000029 The proposed density transfer is consistent with the 1990 SCVAP provisions because the four Areas within the Tesoro development (Areas A through D), constitute one Project site, which was approved in 1999 for the build -out of 1,791 residential units, or 1,789 units without Phase D. Thus, the denslty transfer would not increase the number of units approved for the project site (any increase would be authorized by a density bonus). Based upon applicable land use classifications (Urban 1 which allows up to 3.3 dwelling units per acre, Urban 2 which allows up to 6.6 dwelling units per acre, Floodplain Management which prohibits development within the designated area, Hillside Management and Non -urban 1 with both designations allowing up to a maximum of 1 dwelling unit per 2 acres) the low -density threshold for the 1274.6-acre Project site is 130 units and the maximum pre -bonus density Is 508 units. The proposed single-family residences and detached condos are consistent with uses allowed under these land use designations. 30.The Commission finds that the Project is consistent with zoning requirements: Density -Controlled Development The bulk of the Project site is zoned A-2-2, which allows for single-family residential uses on a two -acre minimum lot size. However, because much of the site is located within a Hillside Management area (greater than 25% slope), it would be impractical and undesirable to disperse two -acre residential lots over the entirely of the Project site. To achieve the proposed development of 820 residential units, a CUP for density - controlled development (clustering) under Section 22.56.205 of the County Code is proposed. Section 22.56.205 allows specification of standards of development of the zone in which a density -controlled development is proposed. Under the proposed CUP, the Project's 696 single-family lots with an average size of 9,152 square feet would be clustered within an approximately 393.6 acre portion of Areas B and C, and approximately 881 acres, 69% of the Project site, of undeveloped area would be permanently preserved as natural open space. SEAIHMA Section 22.56.215 of the County Code imposes additional requirements for projects within hillside management and significant ecological areas. A portion of the project is located within an SEA; however, this portion is proposed to be preserved, in its entirety, as natural open space with sufficient buffer to ensure protection of biological resources. The Project site is located within a designated rural hillside management area "HM" under the 1990 SCVAP. Under the hillside management criteria in effect until 2015-which would be the applicable criteria for this period -any development that exceeds a certain low -density threshold in a rural hillside management area is required to obtain a Hillside Management CUP ("HM-CUP"). This threshold Is calculated based on slope density, area, and 1990 SCVAP land use classification. CONDITIONAL USE PERMIT NO.200600210 FINDINGS HOUSING PERMIT NO.2016001958 PAGE 11 OF 16 OAK TREE PERMIT NO. 201000029 The Project proposes a total of 820 dwelling units, it exceeds the low -density threshold of 130 units and therefore requires a HM-CUP. A minimum of 70% of the net area of all HM-CUP projects must be provided as open space. The Project proposes to preserve approximately 881 acres natural open space, together with 148.5 acres of improved open space and manufactures slopes, the Project provides 80% of the net Project area. G_ rading Section 22.24.150 of the County Code requires a CUP for any grading project in the Zone A-2 that exceeds 100,000 cubic yards of earthmoving. The proposed Project would require 9,100,000 cubic yards of cut and 9,100,000 cubic yards of fill, balanced on -site, as well as 5,400,000 cubic yards of remedial grading, for a total grading amount of 23,600,000 cubic yards. Housing The applicant is seeking a 21.2% density bonus which is greater than the 20% which is allowed under an administrative permit. A minimum of 50% of the pre -bonus density must be senior citizen housing set -aside to be eligible for a density bonus. The applicant is setting aside 71.8% of pre -density bonus units (508) for a total senior citizen housing set -aside of 365 dwelling units. Oak Tree The removal or encroachment upon the protected zone of one oak tree for any development other than one single-family residence requires an Oak Tree Permit, pursuant to Section 22.56.2060 of the County Code. The applicant is proposing to remove eleven oak trees, and encroach into the protected zone of one oak tree. As required, the applicant has submitted an oak tree report by a certified arborist. 31.The Commission finds that the Project would be consistent with applicable policies of the 1990 SCVAP in that it employs a clustered design that enable greater conservation of natural resources. The total proposed development footprint has been reduced several times since the Project was originally submitted in the year 2006, and the Project has gone through the extensive Subdivision Committee review process. Consequently, the Project would be consistent with Plan policies to take into consideration the sensitivities of natural environmental systems, hazards, Infrastructure service capacities, and other constraints. This is done, partially, by preserving approximately 881 acres of natural open space or 69% of the Project site's net area, respectively). Numerous project design features and mitigation measures detailed in the EIR and MMRP would result in the ProjecVs less -than -significant impacts in all environmental areas with the exception of traffic and aesthetics. Required fuel modification and site design, including the secondary fire access road, would reduce potential fire hazards to acceptable levels. 32.The Commission finds that the requested use at the location will not adversely affect the health, peace, comfort, or welfare or persons residing or working in the CONDITIONAL USE PERMIT NO.200600210 FINDINGS HOUSING PERMIT NO.2016001958 PAGE 12 OF 16 OAK TREE PERMIT NO.201000029 surrounding area; be detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity of the site, or jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare. The density - controlled project design avoids the SEA and provides natural buffer zones along the northern and western portions of the project site, adjacent to existing open space resources. The MMRP would mitigate all Project impacts to sensitive biological resources. Development would be located adjacent to existing infrastructure and utility systems in Area A of the Project. In addition, the Project would provide housing in an existing urbanized area with nearby services and employment opportunities fronting the 1-5 corridor approximately 5 miles to the east. Also, the proposed design, scale, average lot size, and development pattern of the proposed single-family residential uses are consistent with the single-family Phase A and the West Creek development located west of the project site. The clustered design of the Project allows for the development of similar houses on smaller lots, reduces the Project's development footprint, and preserves more natural open space compared to the approved design. For these reasons, the proposed Project would constitute creative design and complimentary visual quality. 33.The Commission finds that the proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in Title 21 ("Subdivision Code") and Title 22 ("Zoning Code"), or as is otherwise required in order to integrate said use with the uses in the surrounding area. The project would substantially comply with the development standards of the Zoning Code. 34.The Commission finds that the proposed site is adequately served by highways or streets of sufficient width and improved as necessary to cant' the kind and quantity of traffic such use would generate and by other public or private service facilities as are required. The site would be served by Avenida Rancho Tesoro and Casa Luna Place/Tesoro del Valle Drive, both connect to Copper Hill Drive. Copper Hills Drive provides access to the Interstate 5 freeway approximately 5 miles to the west. 35.The Commission finds that the proposed project is located and designed so as to protect the safety of current and future residents, and will not create significant threats to life and/or property due to the presence of geologic, seismic, slope instability, fire, flood, mud flow or erosion hazard. Required fuel modification and site design, including two points of fire access, would reduce potential fire hazards to acceptable levels. 36.The Commission finds that the proposed project is compatible with the natural biotic, cultural, scenic, and open space resources of the area. The density -controlled project design provides significant natural buffer between the proposed subdivision and the SEA in the northeastern portion of the Project site, adjacent to existing open space resources. The MMRP would mitigate all Project impacts to biological resources to less -than -significant levels. CONDITIONAL USE PERMIT NO.200600210 FINDINGS HOUSING PERMIT NO.2016001958 PAGE 13 OF 16 OAK TREE PERMIT NO.201000029 37.The Commission finds that the proposed project is conveniently served by neighborhood shopping and commercial facilities, and is consistent with objectives and policies of the General Plan. Development would be located adjacent to existing infrastructure and utility systems within Area A of the project. In addition, the Project would provide housing in an existing urbanized area with nearby services and employment opportunities located approximately 5 miles west, near the 1-5 corridor. 38.The Commission finds that the proposed project development demonstrates creative and imaginative design resulting in a visual quality that will complement community character and benefit current and future residents. The proposed design, scale, average lot size, and development pattern of the proposed single-family residential uses are consistent with the single-family West Creek development located to the west of the site. The clustered design of the Project allows for the preservation of a larger natural open space area. 39.The Commission finds that that the Project meets the SEA burden of proof as the Project's development footprint is located outside of the designated SEA and provides a significant natural buffer between the development footprint and the SEA. 40.The Commission finds that the project meets the DCD burden of proof as the clustered design will conserve a greater natural open space area and shrink the development footprint to 393.6 acres which represents a grading reduction of approximately 125 acres or 25%. 41.The Commission finds that reducing front yard depth from 20 feet to 15 feet for the habitable portion of the residences only, while maintaining at least a 20-foot depth for any adjoininglattached garages, constitutes elements of good urban design by providing varied structure massing, emphasizing the pedestrian relationship, and creating a more engaging street experience. 42.The Commission finds that the proposed project will be consistent with the adopted SCVAP plan and the General for the area as the project does not exceed the maximum allowable density and is consistent with the General Plan, including plan policies encouraging clustering to preserve resources and open space and to reduce grading limits. The project utilizes clustering to maximize open space, to eliminate all development within the SEA, to preserve floodways and drainages, and to preserve wildlife corridors and sensitive biological resources, all of which are objectives supported by the General Plan. 43.The Commission finds that the project meets the discretionary housing permit burden of proof as the project will provide a diverse range of housing needs by providing a senior citizen housing set -aside of 365 dwelling units which will assist in satisfying housing needs in the community. Further, these single-family and detached condominium units will be consistent with the character of the surrounding community. CONDITIONAL USE PERMIT NO.200600210 FINDINGS HOUSING PERMIT NO.2016001958 PAGE 14 OF 16 OAK TREE PERMIT NO.201000029 44.The Commission finds that the project meets the oak tree burden of proof as removal of the trees are necessary in order to implement the project and compliance with the required mitigation will adequately offset impacts to the resource. 45.The Commission finds that to ensure continued compatibility between the Project and the surrounding land uses, It is necessary to limit the life of the permit so that it expires when the Revised Vesting Map expires. 46.The Commission finds that pursuant to sections 22.60.174 and 22.60.175 of the County Code, the community was properly notified of the public hearing by mail, newspaper (La Opinion and The Santa Clarita Valley Signal), and property posting. Additionally, the Project was noticed and case materials were available on Regional Planning's website and at libraries located in the vicinity of Santa Clarita Valley community. 47.The Commission finds that the permittee is subject to payment of the California Department of Fish and Wildlife fees related to the Project's effect on wildlife resources pursuant to section 711.4 of the California Fish and Game Code. 48.The Commission finds that the MMRP, prepared in conjunction with the final SEIR, identifies in detail how compliance with its measures will mitigate or avoid potential adverse impacts to the environment from the Project. The Commission further finds that the MMRP's requirements are incorporated into the conditions of approval for this Project, and that approval of this Project is conditioned on the permittee's compliance with the attached conditions of approval and MMRP. 49. The Commission finds that the final SEIR for the Project was prepared in accordance with CEQA, the State CEQA Guidelines, and the County's Environmental Document Reporting Procedures and Guidelines. The Commission reviewed and considered the final SEIR, along with its associated MMRP, Findings of Fact and Statement of Overriding Considerations, and finds that they reflect the independent judgment of the Commission. The Findings of Fact and Statement of Overriding Considerations are incorporated herein by this reference, as set forth in full. 50. The Commission finds that the MMRP forthe Project is consistent with the conclusions and recommendations of the final SEIR and that the MMRP's requirements are incorporated into the conditions of approval for the Project. 51.The Commission finds that the MMRP, prepared in conjunction with the final SEIR, identifies in detail how compliance with its measures will mitigate or avoid potential adverse impacts to the environment from the Project. 52.The location of the documents and other materials constituting the record of proceedings upon which the Commission's decision is based in this matter is at the Los Angeles County Department of Regional Planning, 13th Floor, Hall of Records, 320 West Temple Street, Los Angeles, California 90012. The custodian of such CONDITIONAL USE PERMIT NO.200600210 FINDINGS HOUSING PERMIT NO.2016001958 PAGE 15 OF 16 OAK TREE PERMIT NO.201000029 documents and materials shall be the Section Head of the Land Divisions Section, Department of Regional Planning. BASED ON THE FOREGOING, THE REGIONAL PLANNING COMMISSION CONCLUDES THAT: A. Regarding the Conditional Use Permit, Housing Permit, and Oak Tree Permit, the proposed use with the attached conditions will be consistent with the adopted Santa Clarita Valley Area Plan and General Plan. B. Regarding the Conditional Use Permit, Housing Permit, and Oak Tree Permit, the proposed use at the site will not adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area, will not be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site, and will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare. C. Regarding the Conditional Use Permit, Housing Permit, and Oak Tree Permit, the proposed site Is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in Title 22, or as is otherwise required in order to integrate said use with the uses in the surrounding area. D. Regarding the Conditional Use Permit, Housing Permit and Oak Tree Permit, the proposed site is adequately served by highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate, and by other public or private service facilities as are required. THEREFORE, THE REGIONAL PLANNING COMMISSION: 1. Certifies that the Final SEIR for the project was completed In compliance with CEQA and the State and County CEQA Guidelines related thereto; certifies that it independently reviewed and considered the information contained in the final SEIR, and that the final SEIR reflects the independent judgment and analysis of the Commission as to the environmental consequences of the Project; adopts the Findings of Fact and Statement of Overriding Considerations and the MMRP; finds that the MMRP is adequately designed to ensure compliance with the mitigation measures during the Project implementation, and finds that the unavoidable significant effects of the Project after adoption of said mitigation measures are as described in those Findings of Facts and Statements of Overriding Considerations; and determines that the remaining, unavoidable environmental effects of the Project have been reduced to an acceptable level and are outweighed by specific health, safety, economic, social, and/or environmental benefits of the Project as stated in the Findings of Fact and Statement of Overriding Considerations. 2. Approves Conditional Use Permit No. 200600210, Housing Permit No. 2016001958, and Oak Tree Permit No. 201000029, subject to the attached conditions. CONDITIONAL USE PERMIT NO, 200600210 FINDINGS HOUSING PERMIT NO.2016001958 PAGE 16 OF 16 OAK TREE PERMIT NO.201000029 ACTION DATE: November 7, 2018 VOTE: Concurring: Shell, Moon, Modugno Dissenting: Smith, Louie Abstaining: 0 Absent: 0 JH:MP 11/07/18 c: Regional Planning Commission and Public Works CONDITIONS OF APPROVAL COUNTY OF LOS ANGELES PROJECT NO. 92074.(5) CONDITIONAL USE PERMIT NO.200600210 DISCRETIONARY HOUSING PERMIT NO.2016001958 OAK TREE PERMIT NO.201000029 PROJECT DESCRIPTION • Conditional Use Permit ("CUP") 201600210 for a density -controlled development within a Hillside Management and Significant Ecological Area and includes grading exceeding 100,000 cubic yards. • Discretionary Housing Permit 2016001958 for a density bonus of 108 dwelling (21.2%) in return for a senior citizen housing set -aside of 365 dwelling units. • Oak Tree Permit 201000029 for the authorization to remove 11 oak trees and to encroach into the protected zone of one oak tree. • A revised vesting tentative tract map to subdivide 1,274.6 acres (Areas A, B. C) into 811 lots: [696 single-family residence lots; nine multi -family residence lots developed with 124 detached condominium units; 15 debris basin lots; 12 water quality basin lots; three water tank lots; one helipad lot; five senior recreation area tots; one senior recreation center lot; six linear park lots; nine private park lots; one private recreation center lot; 29 open space lots; and 24 private drivewaylprivate and future street lots] for a total of 820 residential dwelling units. The project is subject to the following conditions of approval: GENERAL CONDITIONS Unless otherwise apparent from the context, the term "permittee" shall include the applicant, owner of the property, and any other person, corporation, or other entity making use of this grant. 2. This grant shall not be effective for any purpose until the permittee, and the owner of the subject property if other than the permittee, have fled at the office of the Los Angeles County ("County") Department of Regional Planning ("Regional Planning") their affidavit stating that they are aware of and agree to accept all of the conditions this grant, and that the conditions of the grant have been recorded as required by Condition No. 7, and until all required monies have been paid pursuant to Conditions Numbers, 10 and 13. Notwithstanding the foregoing, this Condition No. 2 and Conditions No. 4, 5, 8, and 10 shall be effective immediately upon the date of final approval of this grant by the County. 3. Unless otherwise apparent from the context, the tens "date of final approval" shall mean the date the County's action becomes effective pursuant to Section 22.60.260 of the County Code. 4. The permittee shall defend, indemnify, and hold harmless the County, its agents, officers, and employees from any claim, action, or proceeding against the County or CC 06M.0 PROJECT NO. 92074-(5) CONDITIONAL USE PERMIT NO. 200600210 HOUSING PERMIT NO.2016001958 OAK TREE PERMIT NO.201000029 CONDITIONS OF APPROVAL PAGE 2 OF 11 its agents, officers, or employees to attack, set aside, void, or annul this permit approval, which action is brought within the applicable time period of Government Code Section 65009 or any other applicable limitations period. The County shall promptly notify the permittee of any claim, action, or proceeding and the County shall reasonably cooperate in the defense. If the County fails to promptly notify the permittee of any claim, action, or proceeding, or if the County fails to cooperate reasonably in the defense, the permittee shall not thereafter be responsible to defend, indemnify, or hold harmless the County. 5. In the event that any claim, action, or proceeding as described above is flied against the County, the permittee shall within ten days of the filing make an initial deposit with Regional Planning in the amount of up to $5,000.00, from which actual costs and expenses shall be billed and deducted for the purpose of defraying the costs or expenses involved in Regional Planning's cooperation in the defense, including but not limited to, depositions, testimony, and other assistance provided to permittee or permittee's counsel. If during the litigation process, actual costs or expenses incurred reach 80 percent of the amount on deposit, the permittee shall deposit additional funds sufficient to bring the balance up to the amount of $5,000.00. There is no limit to the number of supplemental deposits that may be required prior to completion of the litigation. At the sole discretion of the permittee, the amount of an initial or any supplemental deposit may exceed the minimum amounts defined herein. Additionally, the cost for collection and duplication of records and other related documents shall be paid by the permittee according to County Code Section 2.170.010. 6. If any material provision of this grant is held or declared to be invalid by a court of competent jurisdiction, the permit shall be void and the privileges granted hereunder shall lapse. 7. Prior to the use of this grant, the permittee, or the owner of the subject property if other than the permittee, shall record the terms and conditions of the grant in the office of the County Registrar-Recorder/County Clerk ("Recorder"). In addition, upon any transfer or lease of the property during the term of this grant, the permittee, or the owner of the subject property if other than the permittee, shall promptly provide a copy of the grant and its conditions to the transferee or lessee of the subject property. 8. This grant shall expire unless used within two (2) years after the recordation of the last final unit map for Vesting Tentative Tract Map No. TR51644-1. In the event that Vesting Tentative Tract Map No. TR51644-1 should expire without the recordation of a final map, this grant shall terminate upon the expiration of the tentative map. PROJECT NO. 92074-(5) CONDITIONAL USE PERMIT NO. 200600210 HOUSING PERMIT NO.2016001958 OAK TREE PERMIT NO.201000029 CONDITIONS OF APPROVAL PAGE 3 OF 11 Entitlement to the use of the property thereafter shall be subject to the regulations then in effect. 9. Priorto the issuance of any building permit(s), the permittee shall remit all applicable library facilities mitigation fees to the County Librarian, pursuant to Chapter 22.72 of the County Code. The permittee shall pay the fees in effect at the time of payment, pursuant to Section 22.72.030. Questions regarding fee payment can be directed to the County Librarian at (562) 940-8430. The permittee shall provide proof of payment upon request from Regional Planning. 10. Within five (5) working days from the day after your appeal period ends November 27, 2018, the permittee shall remit processing fees at the County Registrar- Recorder/County Clerk Office, payable to the County of Los Angeles, in connection with the filing and posting of a Notice of Determination (NOD) for this project and its entitlements in compliance with Section 21152 of the Public Resources Code. Unless a Certificate of Exemption is issued by the California Department of Fish and Wildlife pursuant to Section 711.4 of the Califomia Fish and Game Code, the permittee shall pay the fees in effect at the time of the filing of the NOD, as provided for in Section 711.4 of the Fish and Game Code, currently $3,153.00 ($3,078.25 for an Environmental Impact Report plus $75.00 processing fee.) No land use project subject to this requirement is final, vested or operative until the fee is paid. 11. The permittee shall comply with all mitigation measures identified in the Mitigation Monitoring and Reporting Program ("MMRP"), which are incorporated by this reference as if set forth fully herein. 12. Within thirty (30) days of the date of final approval of the grant by the County, the subdivider shall record a covenant and agreement, which attaches the MMRP and agrees to comply with the mitigation measures imposed by the Supplemental Environmental Impact Report for this project, in the office of the Recorder. As a means of ensuring the effectiveness of the mitigation measures, the subdivider shall submit annual mitigation monitoring reports to Regional Planning for approval or as required. The reports shall describe the status of the subdivider's compliance with the required mitigation measures. 13. The permittee shall deposit an initial sum of $6,000.00 with Regional Planning within thirty (30) days of the date of final approval of this grant in order to defray the cost of reviewing and verifying the information contained in the reports required by the MMRP. The permittee shall replenish the mitigation monitoring account if necessary until all mitigation measures have been implemented and completed. 14. Notice is hereby given that any person violating a provision of this grant is guilty of a misdemeanor. Notice is further given that the Regional Planning Commission ("Commission") or a Hearing Officer may, after conducting a public hearing, revoke PROJECT NO. 92074.(5) CONDITIONAL USE PERMIT NO. 200600210 HOUSING PERMIT NO.2016001958 OAK TREE PERMIT NO.201000029 CONDITIONS OF APPROVAL PAGE 4 OF 11 or modify this grant, if the Commission or Hearing Officer finds that these conditions have been violated or that this grant has been exercised so as to be detrimental to the public's health or safety or so as to be a nuisance, or as otherwise authorized pursuant to Chapter 22.56, Part 13 of the County Code. 15. All development pursuant to this grant must be kept in full compliance with the County Fire Code to the satisfaction of the County Fire Department. 16. All development pursuant to this grant shall conform with the requirements of the County Department of Public Works to the satisfaction of said department. 17. All development pursuant to this grant shall comply with the requirements of Title 22 of the County Code and of the speck zoning of the subject property, unless specifically modified by this grant, as set forth in these conditions, including the approved Exhibit "A," or a revised Exhibit "A" approved by the Director of Regional Planning ("Director"). 18. The permittee shall maintain the subject property in a neat and orderly fashion. The permittee shall maintain free of litter all areas of the premises over which the permittee has control. 19. All structures, walls and fences open to public view shall remain free of graffiti or other extraneous markings, drawings, or signage that was not approved by Regional Planning. These shall include any of the above that do not directly relate to the business being operated on the premises or that do not provide pertinent information about said premises. The only exceptions shall be seasonal decorations or signage provided under the auspices of a civic or non-profit organization. In the event of graffiti or other extraneous markings occurring, the permittee shall remove or cover said markings, drawings, or signage within 24 hours of such occurrence, weather permitting. Paint utilized in covering such markings shall be of a color that matches, as closely as possible, the color of the adjacent surfaces. 20. The subject property shall be developed and maintained in substantial conformance with the plans marked Exhibit "A." If changes to any of the plans marked Exhibit "A" are required as a result of instruction given at the public hearing, five copies of a modified Exhibit "A" shall be submitted to Regional Planning by January 7, 2019, 21. In the event that subsequent revisions to the approved Exhibit "A" are submitted, the permittee shall submit five copies of the proposed plans to the Director for review and approval. All revised plans must substantially conform to the originally approved Exhibit "A". All revised plans must be accompanied by the written authorization of the property owner(s) and applicable fee for such revision. PROJECT NO. 92074-(5) CONDITIONAL USE PERMIT NO. 200600210 HOUSING PERMIT NO.2016001958 OAK TREE PERMIT NO.201000029 CONDITIONS OF APPROVAL PAGE 5 OF 11 22. The use of the term Exhibit "A" and Exhibit Map shall be used interchangeably pertaining to these conditions. 23. The project shall comply with the Rural Outdoor Lighting District ("Dark Skies") Ordinance. 24. All conditions of the 1999 CUP Conditions of Approval shall remain in place unless revised through a subsequent approval. PROJECT SITE SPECIFIC CONDITIONS 25. This grant shall authorize the following: a. a maximum of 820 residential units, which exceeds the low -density threshold in a Non -urban Hillside Management ("HMA"); b. a density -controlled development in Zone A-2-2, c. a density bonus of 108 dwelling units in return for a senior -citizen housing set - aside of 365 dwelling units; d. on -site grading exceeding 100,000 cubic yards of cuttfill material. 26. The project site shall be developed and maintained in substantial conformance with the approved Exhibit "A" dated September 17, 2018 and attached Clarification Memo dated May 17, 2018, or Revised Exhibit "A" or Amended Exhibit Map approved by the Director. 27. This project is approved as a density -controlled development in a non -urban HMA, whereby lots are clustered and in which the areas of the proposed single-family residence lots may be averaged to collectively conform to the minimum lot area of 9,152 square feet, as shown on the approved Revised Vesting Map. If multiple final maps are recorded, the average area of all single-family residence lots shown on each final unit map shall calculate to the average lot size given in the VTTM for the same unit map. 28. Front yard depths of single-family residence lots may be reduced from 20 feet to 15 feet for all habitable portions of the single-family residences to facilitate varied massing; but, the front yard depth for the portion of the single-family residences adjoining garages shall be maintained at 20 feet. 29. Open Space shall comprise not less than 70% of the net area of a residential development. Any subsequent amendments to the vesting map shall maintain the minimum open space requirement and an open space exhibit that Includes an acreage breakdown for the different types of open space shall accompany all amendment requests. PROJECT NO. 92074-(S) CONDITIONAL USE PERMIT NO. 200600210 HOUSING PERMIT NO.2016001958 OAK TREE PERMIT NO.201000029 CONDITIONS OF APPROVAL PAGE 6 OF 11 30. Approximately 881 acres of undisturbed land shall be provided as natural open space to the satisfaction of the Department of Regional Planning. 31. The covenants, conditions and restrictions governing the common areas and their administration small be in compliance with all applicable statutes and regulations, and subject to the approval of the Director of Planning. 32. No dwelling unit shall be sold, conveyed or otherwise alienated or encumbered separately from an undivided interest in any commonly owned areas comprising a part of such development. 33. Prior to issuance of a grading permit, provide for the ownership and maintenance of the commonly owned areas, including but not limited to, the community garden, open space areas, landscaping, irrigation systems, commonly owned walls and fences, open space lots, landscaped lots, private park sites, private driveway and fire lanes. private hiking trails, water tank sites, and water quality basins by: • a HOA and stipulated in CC&Rs, • a landscape maintenance district, or dedication/conveyance to a public agency. 34. Prior to issuance of a grading permit, the portion of open space land located within Significant Ecological Area 20 in Area C shall be dedicated to the Mountains Recreation and Conservation Authority in accordance with the Project Biota Report dated November 2017. 35. A minimum of $50,000 annually shall be permanently provided for the management and maintenance of the approximately 750 acres of the Public Open Space that is dedicated to a govemmental agency or a non-profit organization. Prior to final map recordation, submit a draft open space management and maintenance agreement to the Department of Regional Planning for review and approval. The agreement shall stipulate the amount shall be adjusted annually for inflation based on the CPI increase, as well as when first payment is required. Following approval of the draft agreement, a recorded agreement shall be provided to the Director. 36. Grading, including permission granted for mass grading, shall be limited to that which is necessary to construct the on -site improvements as depicted on Exhibit W and off -site external map improvements depicted on the revised vesting map. No additional grading or development shall be permitted beyond that depicted unless approved by the Director. 37. Permittee shall, upon the commencement of any grading activity allowed by this permit, diligently pursue all grading to completion. PROJECT NO. 92074-(5) CONDITIONAL USE PERMIT NO. 200600210 HOUSING PERMIT NO.2016001958 OAK TREE PERMIT NO.201000029 CONDITIONS OF APPROVAL PAGE 7 OF 11 38. No construction equipment or vehicles shall be parked or stored on any existing public or private street. 39. Detonation of explosives or any other blasting device or material shall be prohibited unless required permits have been obtained. 40. All vehicles shall be maintained in compliance with the requirements of the South Coast Air Quality Board for vehicle emissions. 41. All retaining walls located within yards shall be limited to a height of 6 feet unless a yard modification entitlement is obtained. All other retaining walls shall be constructed to the height specified in the attached Retaining Waii Exhibit dated April 25, 2018. 42. A landscaping plan(s) for common or open space areas not to be left in a natural state, which may be incorporated into a Revised Exhibit "A," shall be submitted to and approved by the Director prior to issuance of a building permit. The landscaping plan shall show size, type and location of all plants, trees, and watering facilities. The landscaping plan must show all common areas planted with native vegetation, Including not only trees, but shrubs, and ground cover as well, except for the recreation areas and street rights of way. The landscaping mixture and density shall be reviewed and approved by the Director and the Fire Department's Fuel Modification Unit. Fire resistant plants should be given first consideration. 43. In addition to the review and approval by the Director, the landscape plans will be reviewed by the staff biologist of Regional Planning. Staffs review will include an evaluation of the balance of structural diversity, such as trees, shrubs, and groundcover that may be expected 18 months after planting, in compliance with fire safety requirements. The landscaping layout shall be maintained in substantial conformance with landscaping depicted in the Design Portfolio. 44. All new utilities serving the development shall be installed underground unless otherwise authorized by the Department of Public Works. 45. All development shall be prohibited within the boundaries of Significant Ecological Area 20. 46. The permittee shall provide parking and 50% shade coverage of uncovered parking lots with 15 or greater spaces used for vehicles parking as required by the Tree Planting Requirements Ordinance. 47. The permittee shall provide long and short -tern bicycle parking as required by the County Code. PROJECT NO. 92074-(5) CONDITIONAL USE PERMIT NO. 200600210 HOUSING PERMIT NO.2016001958 OAK TREE PERMIT NO.201000029 CONDITIONS OF APPROVAL PAGE 8 OF 11 48. The permittee shall comply with all conditions set forth in the attached County Departments of Public Works, Fire, and Public Health letters pertaining to the September 17, 2018 vesting map. 49. A covenant and agreement shall be entered into with the Community Development Commission ("CDC") to ensure the continuing availability of the senior citizen housing set -aside of 365 dwelling units for the use -restriction period specified in Part 17 of Chapter 22.52. The covenant and agreement shall be recorded with the County Recorder's Office prior to the issuance of a certificate of occupancy by the Department of Public Works. 50. A minimum of 254 senior citizen housing set -aside dwelling units shall be constructed prior to recordation of a unit map enabling the development of the 108 market -rate bonus density units. 51. As agreed to by the subdivider, prior to final map approval for the 200th residential unit, the subdivider or successor in interest shall deposit a sum of $1,640,000 into a fund, to be administered by the Community Development Commission of the County of Los Angeles ("CDC'), for the benefit of a project or projects serving homeless families and individuals. The allocation of funds to potential projects would be prioritized in the following order. 1) the City of Santa Clarita; 2) Santa Clarita Valley; or 3) within the Fifth Supervisorial District within the County of Los Angeles. To account for inflation, beginning on the effective date of the Project, the sum shall be adjusted based on the percentage change in the Consumer Price Index for All Urban Consumers (CPI-U); Los Angeles — Long Beach — Anaheim CBSA; All items, 1982-1984=100 reference base. The Annual index published by the Bureau of Labor Statistics will serve as the basis for the calculation (htta://www.bls.gov/chi). In the event the CPI-U is discontinued or modified, a fair substitute index or calculation to achieve the same result will be applied to the satisfaction of the Community Development Commission. 52. Prior to the issuance of building permits, the project proponent shall submit plans to the Department of Regional Planning confirming the following: • The project will meet the 2019 Title 24 Part 6 Building Energy Efficiency Standards; • Each bicycle parking area will accommodate parking and an electrical outlet for charging two -wheel electric vehicles; As required by the California Building Code, each home will provide the conduit and electrical system capacity for an EV charging station ("EV Ready") and each home will include conduit and electrical system capacity in each residential garage; A home composting bin will be provided in every residence. PROJECT NO. 92074-(5) CONDITIONAL USE PERMIT NO. 200600210 HOUSING PERMIT NO.2016001958 OAK TREE PERMIT NO.201000029 CONDITIONS OF APPROVAL PAGE 9 OF 11 SENIOR RECREATION CENTER AND RECREATION CENTER (The following additional conditions relate to the senior recreation center and recreation center only.) 53. The senior recreation center and recreation center, including the associated facilities and grounds, shall be owned and maintained by the HOA. 54. The senior recreation center and recreation center shall service the residents of the project only and shall not be operated as a commercial business. 55. Provide for age -restriction of the recreation center located on lot no. 2457 in the CC&Rs. 56. Outside acoustical devices or amplified sound shall not be allowed between the hours of 11 p.m. and 8 a.m. 57. Outdoor lighting for the racquet and tennis courts shall not operate later than 11 p.m. 58. The sale or consumption of alcoholic beverages on -site will require a separate CUP application and approval. 59. Prior to the issuance of building or grading permits, submit a Revised Exhibit "A" showing the facility and parking layout in conformance with Chapter 22.52, Part 11 of Planning and Zoning Ordinance. NEW RESIDENTIAL CONDOMINIUM PROJECTS — LOTS NO.2412-2420 (The following additional conditions relate to the senior residential condominium projects only unless otherwise specified.) 60. A maximum of 30 residential units is allowed for the multi -family residence lot condominium unit development project on lot no. 2415. 61. A maximum of 47 residential units is allowed for the multi -family residence lot condominium unit development project on lots no. 2412-2414. 62. A maximum of 47 residential units is allowed for the multi -family residence lot condominium unit development project on lots no. 2416-2420. 63. All driveways shall be posted with "No Parking - Fire Lane" signs. The parking restriction shall be actively enforced by the HOA. 64. The HOA shall actively maintain in good condition all common areas, including the driveways and all lighting along walkways. PROJECT NO. 92074-(5) CONDITIONAL USE PERMIT NO. 200600210 HOUSING PERMIT NO.2016001958 OAK TREE PERMIT NO.201000029 CONDITIONS OF APPROVAL PAGE 10 OF 11 OAK TREE REMOVAL/ENCROACHMENT (The following additional conditions relate to the removal and/or encroachment into the protected zones of oak trees) 65. The permittee shall comply with all conditions and requirements contained in the County of Los Angeles Forester and Fire Warden, letter dated May 15, 2018 (attached hereto), to the satisfaction of said Division, except as otherwise required by said Division. a. The permittee shall provide mitigation trees of the Oak genus at a rate of two to one (2:1)for each tree removed for a total of 22 trees. 66. The HOA shall actively maintain in good condition all common areas, including the driveways and all lighting along walkways. 67. This grant authorizes the removal of 11 trees of the Oak genus identified as trees no. 705, 812, 813, 814, 815, 816, 817, 818, 819, 820, and 822 and encroachments into the protected zone of one (1) oak tree identified as tree no. 811 on the permittee's Site Plan and Oak Tree Report. 68. Should work on or within the protected zone result in the death of any oak tree within two years of completion of work, the tree shall be replaced and maintained as set forth in the conditions of this grant regarding replacement trees. 69. All work on or within the protected zone of an oak tree shall be performed by or under the supervision of the consulting arborist. 70. Before commencing work authorized or required by this grant, the consulting arborist shall submit a letter to the Director of Planning and County Forester stating that he or she has been retained by the permittee to perform or supervise the work, and that he or she agrees to report to the Director of Regional Planning and the County Forester any failure to fully comply with the conditions of the grant. The arborist shall also submit a written report on permit compliance upon completion of the work required by this grant. The report shall include a diagram showing the exact number and location of the replacement trees planted as well as planting dates. 71. The Director of Regional Planning and the County Forester shall retain the right to make regular and unannounced site inspection. 72. If future inspections disclose violation of the Conditions of Approval of this grant, the permittee shall be financially responsible and shall reimburse the County Fire Department for all enforcement efforts necessary to bring the subject property into compliance. PROJECT NO. 92074-(5) CONDITIONAL USE PERMIT NO. 200600210 HOUSING PERMIT NO.2016001958 OAK TREE PERMIT NO. 201000029 Attachments: Mitigation Monitoring and Reporting Program County Forester Letter dated May 15, 2018 Oak Trees: Care and Maintenance Guide Retaining Wall Exhibit dated April 25, 2018 CONDITIONS OF APPROVAL PAGE 11 OF 11 TESORO DEL VALLE (PHASES A, B. C) SEIR MITIGATION MONITORING AND REPORTING PLAN Responsible Monitoring Mitigation Measures Action Required Mitigation Agency/ Timing Party Agency/ Party Air quality (Section 5.3 of the SEIR) Mitigation Measures 1999 AQ MMP-1 During clearing, grading, earth -moving, or excavation operations, fugitive dust Incorporate as During clearing, Subdivider County of Los emissions shall be controlled by regular watering, paving of constructions roads, notes into grading grading, earth- and Angeles or other dust preventive measures using the following procedures: plans. moving, or Successor, Department of • All malarial excavated or graded shalt he sufficient/ watered to prevent g y P Maintain daily log excavation and Permilles operations Regional Planning excessive amounts or dust. Watering, with complete coverage, shall occur of weldown during at least twice daily, preferably in the late morning and after work is done for grading and the day. submit monthly • All clearing, grading, earth -moving, or excavation activities shall cease log. during periods of high winds (i.e., greater than 20 mph averaged over one hour). • All material transported off -site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. a The area disturbed by demolition. clearing, grading, earthmoving, or excavation operations shall be minimized at all times. 1999 AQ MMP-2 After clearing, grading, earth -moving, or excavation operations and during Incorporate as After clearing, Subdivider County of Los construction activities, fugitive dust emissions shall be controlled using the notes into grading grading, earth- and Angeles following measures: plans, moving, or Successor, Department of • Portions or the construclion site to remain inactive longer than a period of 3 excavation and Permiltee operations and Regional months shall be seeded and watered until grass cover Is grown. during Planning • All active portions of the construction site shall be watered to prevent Maintain daily log conities on excessive amounts of dust. of weldown during activvities grading and submit monthly log 1999 AQ MMP-3 Al all times, fugitive dust emissions shalt be controlled using the following Maintain daily log During Subdivider County of Los procedures; of weldown during construction and Angeles a Onsite vehicle speed shall be limited to 15 mph, grading and submit monthly Successor and Permiltee Department of Regional • All onsile roads shall be paved as soon as feasible or watered periodically log Planning or chemically stabilized. Responsible Monitoring Mitigation Agencyl Agency/ Mitigation Measures Action Required Timing Party Party 1999 AQ MMP-4 At all limes during the conslructlan phase, ozone precursor emissions from Maintain daily log During Subdivider County of Los construction equipment shall be controlled using the following procedures; of weldown during construction and Angeles grading and Successor, Department of • Equipment engines shall be maintained in good condition and in proper submit monthly and Permillee Regional tune according to manufaclurees specifications. log Planning • During smog season (May through October), the construction period should be lengthened to minimize vehicles and equipment operating at the same time. • Construction equipment should not be left idling for a period longer than 60 seconds. 1999 AQ MMP-5 Concurrent with an application for a grading permit, the applicant shall propose Provide a list of all Prior to grading Subdivider County of Las measures to suppress fugitive dust generated during construction activities. fugitive dust plan approval. and Angeles These measures shall be incorporated as conditions of grading permit approval. suppression Successor. Department of SCAQMD Rule 403 requires that fugitive dust be controlled so that the presence measures to the and Permillee Regional of such dust does not remain visible in the atmosphere beyond the property line salisfaclion.of the Planning & of the emission source. In addition, SCAOMD Rule 402 requires implementation moniloring agency Public Works or dust suppression techniques to prevent fugitive dust from creating a nuisance offsile. 1999 AQ MMP-6a During operation of the Project, the Homeowners Association will maintain a Incorporate into During operation Subdivider County of Los list of commuter carpool destinations to facilitate and coordinate carpooling from the CC&Rs a and Angeles the Project to employment centers and Metro link stations, if sufficient ridership requirement that Successor. Department of exists, a shuttle to Melrolink shalt be established in conjunction wilh a local the Homeowner's Permillee, and Regional Transportation Management Agency or organization. Association HOA Planning maintain a commuter carpool destinations list and submit and update biennially. 1999 AQ MMP-6b Prior to approval or the first residential occupancy permit, the Project applicant Provide copy of a Prior to issuance Subdivider County of Los shall coordinate with Santa Clarila Transit to provide public transit service to the written agreement of first residential and Angeles southern portion of the site and the applicant shall provide adequate bus stops with Santa Clarita occupancy permit Successor, Department of with shelter. Transit to provide and Penniltee Regional public transit to Planning the satisfaction of monitoring agency. MM AQ-1 All off -road diesel equipment that is greater than 50 horsepower utilized during Provide a list of all During grading, Subdivider County of Los construction of the proposed Project shall be registered with GARB and meet equipment for earth -moving, and Angeles the CARB Tier 4 emission standards, In order to ensure compliance with this review prior to excavation Successor, Department of measure, all contractors that utilize off -road diesel equipment that is greater than Grading and operations, or and Permillee Regional 513 horsepower shall participate in CARB's Responsible Official Affirmation of Building Permit construction of Planning Reporting (ROAR) annual reporting program and shall submit a copy of the issuance. building report to Regional Planning. structures Responsible Monitaring Mitigation Measures Action Required Mitigation Timing Agency/ Party Agency) Party MM AQ-2 Architectural coatings utilized on all proposed structures within the Project shall Provide a list of Prior to issuance Subdivider County of Los meet SCAQMD's "Super -Compliant" VOC standard of less than 10 grams per architectural of building and Angeles liler. A list of "Super -Compliant" architectural coaling manufacturers is provided coatings to be permits. Successor, Department of al: hilp:/lwww.agmd.gov/hamelregulations/compliance/architeclural- used for review to and Permiltee Regional coalingslsuper-compliant-coatings. monitoring agency Planning Slological Resources (Sectlon 5.4 of the SEIR) Mitigation Measures MM Blo-1 The loss of chamise chaparral -sage scrub, holly -leaf cherry woodland, mixed 1) Provide 1) Prior to Subdivider County of Los chaparral --alluvial scrub -annual grassland, sage scrub, sage scrub -annual evidence of a Issuance of and Angeles grassland, and southern riparian scrub on the project site is considered to be a long-term grading Successor, Department of significant impact. These vegetation types shall be preserved or restored either management permits. Permiltee, and Regional on site or off site In order to offset the loss of ecological functioning that would plan, sign Qualified Planning & result from project implementation. Preservation or restoration shall be provided plan, and 2) Monthly Biologist Public Works at the following minimum ratios: (1) 2:1 to mitigate the direct loss of chemise restoration chaparral -sage scrub (346.54 acres of mitigation), holly -leaf cherry woodland plan to the reports for (0.24 acre of mitigation), mixed chaparral --alluvial scrub -annual grassland (7.12 satisfaction of the first year acres of mitigation), sage scrub (147.94 acres of mitigation), sage scrub -annual the and every grassland (4i.06 acres of mitigation), and southern riparian scrub (2.86 acres of monitoring other month mitigation) via grading impacts and (2) 1:1 for impacts related to vegetation agency, thereafter, thinning In fuel modification zones to chamise chaparral -sage scrub (26.88 Annual acres of mitigation), sage scrub (13.24 acres of mitigation), and sage scrub- reports for annual grassland (8.23 acres of mitigation). Alternatively, grading impacts to 2) Provide rive years, or chamise chaparral -sage scrub and sage scrub -annual grassland can be evidence of until mitigated at 1:1 if offset with sage scrub; and mixed chaparral -alluvial scrub- monitoring performance annual grassland can be mitigated at 1:1 if offset wilh alluvial scrub vegetation. reports to the standards monitoring have been Oft site preservation areas that would be considered candidates to mitigate agency, met. project impacts shall be located within the Santa Clara River watershed and contain habitat types similar to those that would be impacted by project implementation. The Los Angeles County Department of Regional Planning (LACDRP) shall review site conditions and approve any off -site preservation areas that are proposed to mitigate the loss of on -silo habitat. If off -silo habitat types are of a lower quality than the impacted habitats, the reduced ecological functioning shall be offset by preserving habitat at a ratio greater than that listed above or by enhancing/restoring ecological functioning by conlrolling non-native species and/or Increasing native plant cover or diversity. If off -site preservalion areas contain additional sensitive biological resources or other beneficial qualities (e.g., the presence of special status plant or wildlife species; biological resources that are regionally sensitive; or locallregional importance as a wildlife corridor) the LACDRP Biologist shall have the discretion to reduce the mitigation requirements described above to account for these additional benefits. Any habitat areas proposed for preservation shall be dedicated as permanent open space and preserved in perpetuity. This includes on -site habitat within the San Francisquilo Canyon Area (SEA 20); on -sale upland habitat outside the project development area; and any off -site habitat areas that are to be preserved Mitigation Measures Action Required Mitigation Timing Responsible Agencyl Party Monitoring Agency/ Party to compensate for project impacts. A long -tern management plan shall be prepared for all areas to be preserved that would, at a minimum, describe the following: (1) the entity responsible for implementing the management plan; (2) methods for protecting site resources (e.g.. signage, fencing); (3) ongoing management activities to maintain site integrity (e.g., trash removal, non-native species control); and (4) sensitive resources that may require additional management actions. Signs that are created for open space areas shall be designed to strongly discourage people and domestic animals from leaving trails; to identify and protect ecologically sensitive areas; and to promote public education and awareness of the native habitat. Prior to finalizing long-term management plans for open space areas, the plans shall be submitted to the LACDRP Biologist for review and approval. If restoration is required to increase the ecological functioning of any on- or off - site areas to adequately mitigale the loss of en -rile habitat, a Habitat Mitigation and Monitoring Program (HMMP) shall be implemented in accordance with a landscape palette that Is approved by the LACDRP. The HMMP shall be developed by a qualified Biologist and shall be submitted for review and approval to the LACDRP prior to issuance of grading permits. The Project Applicant shall be responsible for plan implementation. Restoration shall consist of seeding and planting containers of appropriate native species. The HMMP shall be approved by the LACDRP prior to the initiation of grading activities that would impact special status vegetation types and will include the following items: • Responsibilities and Qualifications of the Personnel to Implement and Supervise the Plan. The responsibilities of the Landowner. Specialists, and Maintenance Personnel that will supervise and implement the plan shall be specified. • Site Selection. The siie(s) for mitigation shall be determined In coordination with the Project Applicant and the IACDRP_ The site shall be located in a dedicated open space area and will be contiguous with other natural open space areas. • Site Preparation and Planting Implementation. Site preparation shall Include (1) protection or existing native species; (2) trash and weed removal; (3) native species' salvage and reuse (i.e.. duff); (4) soil treatments (i.e., imprinling, decompacting); (5) emsion-control measures (i.e., rice or willow wattles); and (6) seed mix application. The mitigation plan shall include a discussion of whether active restoration or enhancement is required to achieve the objectives of the HMMP or if passive restoration is expected to result in the desired HMMP objectives within a reasonable time frame. • Plant Material. All plant material used for habitat restoration purposes shall consist of native species that are local to the immediate area of the mitigation site. The source of plant malarial used for habitat restoration shall come from areas within 14 miles of the mitigation site and within 1,000 feel of elevation. All plant material proposed for use in a habitat restoration Responsible Monitoring Mitigation Measures Mitigation Action Required Timing Agency/ Party Agencyl Party program shall be inspected by a qualified biological monitor to ensure that all container plants are in good health and do not contain pests or pathogens that may be harmful to existing native plants or wildlife species. Container plants and other landscaping materials (including organic mulches) shall be inspected to ensure they do not contain Argentine ants. Any seeds to be used for habitat restoration purposes shall be collected, cleaned, stoned, and packaged by a qualified seed supplier. Native seed mixes shall be inspected by a biological monitor prior to their application to ensure that they contain the proper species and that seed packages are In good condition and do not contain any posts or pathogens. Diseased or infested plant, seed, or landscape materials shall be removed from the site and transported to an appropriate off -site green waste facility. • Schedule. Establishment of reslorallonlrevegetalion sites shall be conducted between October 15 and January 30. Introduction of hydroseed mix and container plants shall occur immediately after the restoration sites are prepared. ■ Maintenance PlanfGuldellnes. The Maintenance Plan shall include (1) weed control; (2) herinivory control; (3) trash removal; (4) irrigation system maintenance; (5) maintenance training: and (6) replacement planting. • Monitoring Plan. The Monitoring Plan shall include (1) qualitative monitoring (i.e.. photographs and general observations): (2) quantitative monitoring (i.e.. randomly placed lransecls), (3) monthly reports for the first year and every other month thereafter. and (4) annual reports for five years, which will be submitted to the LACDRP. Monitoring will be conducted for five years or until performance standards have been met. • Performance Standards. The HMMP shall include a discussion of appropriate performance standards to determine habitat restoration success. Minimum native species coverage of appmximalely 90 percent relative to a nearby reference site at the end of the five-year monitoring period is a commonly utilized performance standard, though the final performance standards shall be determined based on specific site conditions. The restoration program shall be considered successful if the performance standards have been achieved at the end of the five-year monitoring period and once successful plant establishment has been documented (e.g., plant health is determined to be satisfaclory by the biological monitor at least two years after supplemental watering has been discontinued). If performance standards have not been achieved at the conclusion of the five-year monitoring period, monitoring and maintenance activities shall be continued until performance standards have been met. Signage and Fencing. If necessary, the HMMP shall include specifications on fencing to protect biological resources and restrict human access. Signage specifications shall also be developed to indicate the site is a Mitigation Measures Action Required Mltigailon Timing Responsible Agency/ Party Monitoring Agency/ Party preserve area and to either indicate that trespassing is not allowed or to instruct visitors to slay on Irails if public access Is allowed. • Long -Term Site Management. The HMMP shall identify an appropriate entity to manage any open space areas utilized for mitigation purposes. A long-term management plan shall also be developed which will be Implemented by the long-term management entity. Potential land management entities Include the Mountains Recreation and Conservation Authority; the Tesoro del Valle Homeowners Association; the Nature Conservancy, the City of Santa Ctarfla, or the County of Los Angeles. Any other management entities that may be Identified would be subject to approval by the LACDRP. The County of Los Angeles shall be named as an enforcing party on any conservation easement or land dedication agreement to ensure compliance with any restrictions or required land management actions associated wilh the open space areas. Proof of Funding for Site Management. The HMMP shall provide a funding mechanism to ensure that sufficient funds are available to the long- term management entity for the ongoing management and proteclion of the mitigation sites. Possible funding mechanisms may include an endowment, payments from the HOA, or establishing a special financing district. In addition, earth -moving equipment shall avoid maneuvering in areas outside the identified impact Omits in order to avoid disturbing open space areas that will remain undeveloped. Prior to ground disturbance, the Construction Supervisor and the Project Biologist shall mark the natural open space limits. These limits shall be identified on the grading plan. Construction limits shall be Ragged in the Field and no earth -moving equipment shall be allowed within open space areas. Mitigation Measures Action Required Mitigation Timing Responsible Agencyl Party Monitoring Agencyl Party MM Blo-2 The Oak Tree Survey Report (Appendix J-1 of the Biota Report included as 1) Provide 1) Prior to Subdivider County of Los Appendix C of this Supplemental E1R) identified 11 coast live oak trees that will evidence of ground and Angeles be removed as a result of Project construction. Prior to the removal of any oak preservation disturbance; Successor, Department of tree regulated by the CLAOTO, an oak tree removal permit shall be obtained or restoration prior to Permillee. and Regional from the County of Los Angeles_ The loss of individual coast live oak trees and agreements issuance of Qualified Planning coast live oak woodland on the Project site is considered to be a significant to the grading Biologist Impact_ The loss of 11 on -site coast five oak trees shall be replaced at a ratio of satisfaction of permits not less than 2:1 as required by the CLAOTO. One additional coast live oak will the 2) Prior to have its protected area encroached upon by ground -disturbance activities. This monitoring issuance of tree shall be monitored annually for a period of two years to determine if agency grading encroachment has resulted in its death. If this tree dies as a result of permits enc machmenl, it shall be mitigated in the same manner as impacted trees. 2) Provide 3) Prior to Prior to ground disturbance, orange snow fencing shall be installed around trees evidence of issuance of (rive feel outside the drip line) that are in the vicinity of proposed grading limits tree fencing grading but would not be impacted by construction. Fenang shall be in place and to the permits Inspected by the Project Biologist prior to commencement of ground satisfaction of 4) Monthly disturbance. This fencing shall remain in place throughout construction in the the reports for vicinity of the fenced trees until the LACORP determines that the fences can be monitoring the first year removed without placing the trees in jeopardy of damage from construction agency and every activities, other month Individual oak tree replacement as described above shall be performed in order 3) Provide thereafter, to offset the loss of 0.31 acre of coast live oak woodland (as defined by the Los evidence of Annual Angeles County Oak Woodlands Management Plan). This shall be approval of reports for accomplished by establishing trees In on -site open space areas in the vicinity of the Oak five years, or existing oak trees. Trees shall be spaced at a distance of 30 and 60 feel to HMMP to the until provide at least 0.62 acre of oak woodland (to provide a minimum 2:1 satisfaction of performance replacement ratio). The restoration program shall be described In a HMMP in the standards accordance with a LACDRP-approved landscape palette_ The HMMP shall be monitoring have been developed by a qualified Biologist and shall be submitted for review and agency met, approval to the LACDRP prior to initiating project activities that would impact oak trees andlor oak woodland resources. The Project Applicant shalt be responsible for plan implemeniatfon. Restoration shall consist of seeding and 4) Provide planting containers of appropriate native species. The HMMP will include the evidence of following items: HMMP Monitoring to • Responsibilities and Qualifications of the Personnel to Implamentand the Supervise the Plan. The responsibilities of the Landowner, Specialists, satisfaction of and Maintenance Personnel that would supervise and implement the Plan the shall be specified. monitoring • Site Selection. The mitigation slie(s) shag be determined in coordination agency with the Project Applicant and resource agencies. The site will be located in a dedicated open space area and will be contiguous with other natural open space. • Site Preparation and Planting Implementation. Site preparation shall Include (1)protection of existing native species; (2) trash and weed Mitigation Measures Action Required Mitigation ilmlng Responslbla Agency/ Party Monitoring Agency/ Party removal; (3) native species' salvage and reuse (i.e., dull}; (4) soil Irealmenl5; (5) temporary irrigation installation; (6) erosion•conlrol measures (i.e., rice or willow wattles); (7) seed mix application to create a native understory that is comparable to the impacted oak woodland areas; and (8) planling of container plants. The mitigation plan shall Include a discussion of whether active restoration or enhancement is required to create an appropriate native understory or If passive restoration may be expected allow natural establishment of a native underslory within a reasonable lime frame. s Plant Material. All plant material used for habitat restoration purposes shall consist of native species that are local to the immediate area of the mitigation silo. The source of plant material used for habitat restoration shall come from areas within 10 miles of the mitigation site and within 1.000 real or elevation. All plant material proposed for use in a habitat restoration program shall be inspected by a qualified biological moniiar to ensure that all container plants are in good health and do not contain pests or pathogens that may be harmful to existing native plants or wildlife species. Container plants and other landscaping materials (including organic mulches) shall be inspected to ensure they do not contain Argentine ants. Any seeds to be used for habitat restoration purposes shall be collected, cleaned, stored, and packaged by a qualified seed supplier. Native seed mixes shall be Inspected by a biological monitor prior to their application to ensure that they contain the proper species and that seed packages are in good condition and do not contain any pests or pathogens. Diseased or Infested plant, seed, or landscape materials shall be removed from the site and transported to an appropriate off -site green waste facility. Schedule. A schedule shall be developed that includes planling in late fall and early winter, between October 15 and January 30. • Maintenance PlanlGuldellnes. The Maintenance Plan shall include (1) weed control; (2) herbivory control; (3) trash removal; (4) lmgation system maintenance; (5) maintenance training; and (6) replacement planling. • Monitoring Plan. The Monitoring Plan shall include (1) qualitative monitoring (i.e.. photographs and general observations); (2) quantitative monitoring (i.e., randomly placed Iransects); (3) monthly reports for the first year and reports every other month thereafter, and (4) annual reports that shalt be submitted to the resource agencies for three to five years. The site shalt be monitored and maintained for five years or until performance standards have been met to ensure successful establishment of oak woodland. In addition to monitoring the replacement trees, the remaining on -site oak trees will be monitored for five years to identify any deterioration in their health. If the health of these trees deteriorates during this rive -year period, Mitigation Measures Action Required MlllgnUon Timing Responsible Agency/ Party Monitoring Agency/ Party the Project Biologist shall recommend measures to improve tree health or additional tree replacement at a 2:1 ratio - Performance Standards. The HMMP shall include a discussion of appropriate performance standards to determine habitat restoration success. Performance standards would consist of 100 percent survival of replacement oak Irees and minimum native species coverage for oak woodland undersiory slralum of approximately 90 percent relative to a nearby reference site at the end of the five-year monitoring period. though the final performance standards shall be determined based on specific site conditions. The restoration program shall be considered successful if the performance standards have been achieved at the end of the live -year monitoring period and once successful plant establishment has been documented (e.g.. plant health is determined to be Satisfactory by the biological monitor at least two years after supplemental watering has been discontinued). If performance standards have not been achieved at the conclusion of the five-year monitoring period, monitoring and maintenance activities shall be continued until performance standards have been met. • Slgnage and Fencing. If necessary. the HMMP shall include specifications on fencing to protect biological resources and restrict human access. Signage specifications shall also be developed to indicate the site Is a preserve area and to either Indicate that trespassing is not allowed or to Instruct vWlors to stay on Irails if public access is allowed. • Long Term Site Management. The HMMP shall identify an appropriate entity to manage any open space areas utilized for miligalion purposes. A long-term management plan shall also be developed which will be implemented by the long-term management entity. Potential land management entitles include the Mountains Recreation and Conservation Authority; the Tesoro del Valle Homeowners Association; the Nature Conservancy, the City of Santa Clarita, or the County of Los Angeles. Any other management entities that may be identified would be subject to approval by the LACORP. The County of Los Angeles shall be named as an enforcing party on any conservation easement or land dedication agreement to ensure compliance with any restrictions or required land management actions associated wilh the open space areas. • Proof of Funding for Site Management. The HMMP shall provide a funding mechanism to ensure that sufficient funds are available to the long - lean management entity for the ongoing management and protection of the mitigation sites. Possible funding mechanisms may include an endowment, payments from the HOA, or establishing a special financing district. Mitigation Measures Action Required Mitigation Timing Responsible Agency/ Party Monitoring Agency/ / Party MM B113-3 Mariposa lily plants observed on the project site have characteristics of both 1) Provide 1) Prior to Subdivider County of Los club -haired mariposa lilies and slender mariposa lilies. Due to this hybridization, evidence of ground and Angeles It is not possible to separate these Iwo species on the site and impacts to club- preservation disturbance; Successor, Department of haired mariposa Illy and slender mariposa lily are considered significant, but will or restoration prior to Permittee, Regional be mitigated to a level of less than significant by the following measure. agreements issuance of and Qualified Planning • Prior to the initiation of grading aclivilies that would impact mariposa lily to the satisfaction of grading permits Biologist populations that have been documented to occur inside the project the development foolprinl, a qualified Biologist will prepare an HMMP for review monitoring 2) Prior to and approval by the IACDRP. The HMMP will include the following issuance of requirements: age"` grading permits a. The Project Biologist shall monitor the existing lily locations every two 2} provide 3} Monthly weeks to determine when the seeds are ready for collection. When the evidence of reports for seeds are ripe, a qualified Seed Collector shall collect all the seeds approval of the first year from the plants to be impacted. The seeds shall be cleaned and stored the Lily and every by a qualified nursery or another institution with appropriate storage HMMP to the other month facilities. Seed or bulbs that are collected but not utilized for this satisfaction of thereafter. mitigation program shall be donated to the Rancho Santa Ana Botanic the Annual Garden or other similar educationallconservation organization to be monitoring reports for approved by the LACDRP. agency rive years, or b. Mitigation shall consist of a combination of (1) enhancing existing until mariposa lily populations via non-native vegetation control and (2) 3) Provide performance applying collected seed into dedicated open space areas on the project evidence of standards site that are suitable for mariposa lily establishment. Collected seed HMMP have been shall be installed in areas that do not currently contain mariposa lilies Maniloring to met. but are suitable for the establishment of the spades. These areas the generally consist of ddgelines or other areas of naturally low to satisfaction of moderate native plant cover, rocky soils, and tow prevalence of non- the native plants, especially non-native grasses. Seed will be applied so monitoring that the germination and maturation of the seeds can be documented. agency An experimental approach will be utilized so that seed is applied in at least ten areas that will be mapped using a GPS device and marked on the ground using flagging or staking for ongoing monitoring. The following Information will be recorded at each seed applicallon site in order to correlate seeding success with site conditions: (1) slope gradient; (2) slope aspect; (3) existing associated species; (4) percent coverage of grass and shrub species; and (5) percent coverage of leaf Illter. Percent germination of seed at each localion will be recorded along with percentage of germinated seed that develop into flowering plants. c. The lily mitigation site shall be prepared for seeding, as detailed in the HMMP. d. The HMMP shall include detailed descriptions of maintenance appropriate for the site, monitoring requirements, and annual report requirements. The Project Biologist shall have the full aulhorily to 110 MWgatton Measures AcUon Required MIUgaUon Timing Responsible Agency/ Party Monlloring Agency! Party suspend any operation in the miligation site which Is, in the Biologist's opinion, not consistent with the HMMP. e. Performance standards shall be developed in the HMMP and approved by the LACDRP based on percent cover of non-nalive plant species in enhancement areas. Seed germination rates will not be a performance criterion but will be studied to determine the efficacy of seed installation to inform future mariposa lily mitigation programs. L Site enhancement and monitoring activities shall be performed for a minimum of two years. If the project is not In compliance with the third - year success criteria associated with the mitigation program, the monitoring and maintenance period will be extended for up to five additional years. The length of the addilonal monitoring period will be determined through consultation with the LACDRP Biologist and will be dependent on how close the protect Is to meeting the thud -year success criteria and the type of remedial activities that are recommended by the Project Biologist. Results of the seed germination study will be included as part of annual reporting requirements associated with (his mariposa lily enhancement program. Annual reports shall be provided to the LACDRP Biologist and SEATAC to inform future mitigation activities concerning the species. g. If necessary, the HMMP shall include specifications on fencing to protect biological resources and restrict human access. Signage specifications shall also be developed to prevent trespassing into mariposa lily areas. The HMMP shalt identify an appropriate entity to manage any open space areas utilized for mitigation purposes. A long-term management plan shall also be developed which will be implemented by the long-term management entity. Potential land management entities include the Mountains Recreation and Conservation Authority; the Tesoro del Valle Homeowners Association; the Nature Conservancy, the City of Santa Clarila, or the County of Los Angeles. Any other management entities that may be Identified would be subject to approval by the LACDRP. The County of Los Angeles shall be named as an enforcing party on any conservation easement or land dedication agreement to ensure compliance with any restrictions or required land management actions associated with the open space areas. Mitigation Measures Action Required Mltlgatlon Timing Responsible Agency/ Party Monitoring Agency! Party MM Blo4l Impacts to areas of the project site that are assumed to support western Provida evidence Prior to issuance Subdivider County of Los spadefoot breeding are considered to be a significant impact. To reduce these of negative survey of a grading and Angeles impacts to a level that is less than significant, a Western Spadefool Mitigation results or approval permit Successor. Department of Plan (WSMP) shall be developed by a qualified Biologist and submitted for of the WSMP for Permitlee, and Regional review and approval by the LACDRP, in consultation with the CDFW. Generally, review and Oualified Planning the WSMP will consist of (1) monitoring the presence and development of eggs approval. Biologist and tadpoles within the project development area; (2) idenlifying an appropriate location to construct replacement ponds which will include sufficient adjacent upland habitat; (3) constructing ponds to replace the breeding habitat to be Impacted., (A) relocating eggs and tadpoles from the project development area to the replacement ponds; and (5) monitoring and maintaining the replacement ponds to maintain conditions appropriate for western spadefoot breeding. Specifically, the WSMP shall include the following: • Responsibilities and Qualifications of the Personnel to Implement and Supervise the Plan. The responsibilities of the Landowner. Specialists, and Maintenance Personnel that will supervise and implement the WSMP shall be specified. • Site Selection. The sile(s) for replacement ponds shall be determined in coordination with the Project Applicant, the LACDRP, and the CDFW. The sile(s) shall be located in a dedicated open space area, will be surrounded by native upland habitat areas that are suitable for adult spadefoot to create burrows during the summer months. The site(s) shall be connected to each other and shall provide for potential dispersal to the San Francisquito Creek area to prevent genetic isolation within the watershed. • Pond Construction. The mitigation plan will describe methods for constructing replacement ponds that will not allow infiltration into the soil so that water can be retained for periods long enough to allow spadefoot breeding to occur. • Site Preparation. Site preparation shall include (1) protection of existing native species; (2) bash and weed removal; (3) soil treatments (i.e., compaction, placement of a restrictive layer to prevent soil infiltration). • Inspection of Materials. Any plant material and other landscaping materials (including clay soil or organic mulches) shall be Inspected to ensure they do not contain pests or pathogens, including Argentine ants. Diseased or infested plant, seed, or landscape materials shall be removed from the site and transported to an appropriate off•sile green waste facility. • schedule. Relocation of western spadefool eggs and tadpoles will be performed during the breeding season which generally occurs between February and May. The replacement ponds shall be monitored for a period of approximately rive years during years when sufficient rainfall occurs that create appropriate breeding conditions. 12 Mitigation Measures Action Required Mitigation Timing Responsible Agency! Party Monitaring Agency! Party • Maintenance PlanlGuldelines. The maintenance plan shall Include (1) weed control; (2) as -needed repair to replacement ponds; and (3) trash removal. • Monitoring Plan. The WSMP shall include specifications for qualitative monitoring (i.e., photographs and general observations) during the western spadefool breeding period, The condition of the ponds shall be inspected prior to the seasonal rainy period to determine if conditions exist that would prevent appropriate water retention (e.g., gopher activity) and to recommend any needed repairs. Monitoring aclivilies will be summarized on an annual basis and reports will be submitted to the LACDRP and CDFW each year. • Performance Standards. The WSMP shall include a discussion of appropriate performance standards to determine program success which will Include the following. (1) documentation that the replacement ponds can retain surface water for an approximate five -week period that would allow eggs to hatch and develop Into mature loads and (2) at least two documented seasons of at least 100 tadpoles developing in the replacement ponds. • Signage and Fencing. If the replacement ponds are located in an area that are In the vicinity of a public -access area and visible to the public, the WSMP shall include specifications on fencing to protect western spadefool areas and restrict human access. Signage specifications shall also be developed to indicate the site is a preservation silo to prevent trespassing. • Long Term Site Management. The miligation plan shag identify an appropriate entity to manage any open space areas utilized for mitigation purposes. A long-term management plan shall also be developed which will be implemented by the long-term management entity. Polential land management entilles include the Mountains Recreation and Conservation Authority; the Tesoro del Valle Homeowners Association. the Nature Conservancy, the City of Santa Clarila, or the County of Los Angeles. Any other management entities that may be identified would be subject to approval by the LACQRP. The County of Los Angeles shall be named as an enforcing party on any conservation easement or land dedication agreement to ensure compliance with any restrictions or required land management actions associated with the open space areas. • Proof of Funding for Site Management. The WSMP shall provide a funding mechanism to ensure that sufficient funds are available to the long- term management entity for the ongang management and protection of Iha mitigation sites. Possible funding mechanisms may include an endowment, payments from the HOA, or establishing a special financing district. 13 Mitigation Measures Acton Required Mitigation Timing Responsible Agency! Party Monitoring Agancyl Party MM Bio•5 If grading activities are to begin during the raplor breeding season of February Provide evidence Prior to issuance Subdivider County of Los 1 through June 30, a qualified Biologist shall perform a survey for any active of negative survey of a grading and Angeles raptor nests (common or special status) that occur within 500 feet of the project results or permit Successor, Department of impact area. Any active nest found during survey efforts shall be mapped on the evidence of Permillee, and Regional construction plans. It no active nests are round, no further mitigation is required. adequate Qualified Planning Results of the surveys shall be provided to the CDFW. protection Biologist If nesting activity is present at any raptor nest site, the active site shall be measures to the satisfaction of the protected until nesting activity has ended to ensure compliance with Section monitoring agency 3503.5 of the California Fish and Game Code. To protect any nest site, the following restrictions on construction are required between February 1 and June 30 (or until nests are no longer active, as determined by a qualified Biologist): (1) clearing limits shall he established within a 500-fool buffer around any occupied nest or as otherwise determined by a qualified Biologist and (2) access and surveying shall be restricted within 300 (eel of any occupied nest or as otherwise determined by a qualified Biologist. Any encroachment into the buffer area around the known nest shall only be allowed if a qualified Biologist determines that the proposed activity will not disturb the nest occupants. Construction during the non -nesting season can occur at the site only if a qualified Biologist has determined (hat fledglings have left the nest. If an active nest is observed during the non -nesting season, the nest sire shall be monitored by a qualified Biologist, and when the raptor is away from the nest, the Biologist shall flush any raptor to open space areas. The Biologist will then remove the nest silo so raptors cannot return to it. MM 810-6 A pre -construction survey for burrowing owl shalt be conducted within 14 days Provide evidence Within 14 days Subdivider County of Los prior to start of construction/ground-breaking activities. A second survey will be of negative survey prior to start of and Angeles conducted within 24 hours of any ground -breaking activities. If these surveys do results or construction/ Successor, Department of not delecl occupied burrowing owls, then no further mitigation is required. If evidence of ground -breaking Permlltee, and Regional burrows occupied by burrowing owls are detected on the Project site, the adequate activities Qualified Planning Applicant shall notify the CDFW and shall implement the following actions prior protection Biologist to construction (either Set A for breeding burrowing owls (March to July) or Set measures to the B for non -breeding burrowing owls (August to February]). satisfaction of the Sol A Measures (for Breeding Burrowing Owls, between March and July) moniloring agency prior to issuance A1) No work shall occur within 500 feel of the active nesting burrow; the of a grading CDFW may be consulted to determine whether a reduced buffer is permit acceptable. A2) Provide weekly monitoring of the burrowing owl nesting burrow to determine nesting outcome. A3) Provide CDFW with monthly updates of burrowing owl nesting success. A4) Resume construction at the burrow site once the Biologist determines Thal fledglings have left the nest. If burrows occupied by burrowing owls are detected within 500 feet or the Project site, the Project Biologist shall monilor the owl(s) to ensure that the project does 14 Responsible Monitoring Mitigation Measures Mitigation Agency! Agency! Action Required Timing Party Party not negatively impact breeding. If negative indirect impacts are suspected, the Project Biologist shall propose measures to reduce indirect impacts to the owl(s) during construction. Sol B Measures (for Non -Breeding Burrowing Owls. between August and February) 81) A qualified Biologist shall nollfy the CDFW of the occupied burrow location and that either passive or active relocation treasures will be implemented. B2) The Biologist shall remove the burrow. MM Bio-7 Prior to the construction of any phase or component of the proposed project that Provide Prior to issuance Subdivider County of Los Involves impacting drainages, streams, or wetlands through filling, stockpiling, documentation of of grading and Angeles conversion to a storm drain, channelization, bank stabilization, road or utility line approvedlsatisfied permits for Successor, Department of crossings, or any other modificalion to a jurisdictional drainage, permits from the U.S. Army Corps of Engineers (USAGE), the Regional Water Quality Conlrol regulatory construction of and Permillee Regional Board (RWQCB), and the CDFW would be required before any such activities permilslagreemen any phase or Planning, V.S. is and. If component that Army Corps of could commence. Both permanent and temporary (construction -related) necessary, an impacts Engineers impacts are p regulated and would therefore trigger the need for permits. approved RhfMP drainages, (USAGE), the Regulatory permits, acquired from resource agencies in 1999, included mitigation requirements to compensate for impacts (o 3.64 acres of waters under to the satisfaction streams, or Regional eg of the monitoring wetlands through Water Quality the jurisdiction of the USAGE, RWGCB, and CDFW. The permits were issued agency prior to filling, stockpiling, Control Board to address all four phases of project impacts (Phases A through D). All mitigation Issuance of a conversion toe �, requirements specified In the resource agency permits were implemented grading or building storm drain, and the andthe concurrent with Phase A development in an attempt to pre -mitigate Impacts to permit. lizalion, mia jurisdictional waters associated with Phases B through D. The following bank bank Department of Department mitigation activities have been performed: 1 fee a 9 p {) payment to the U.S. Forest stabilization, road Fish and Service to facilitate removal of 7.50 acres of giant reed from upper San or utility line Wildlife Francisquilo Canyon, (2) removal of 1,11 acres of giant reed to enhance on -site crossings, or any (CDFW) portions of San Francisquito Creek; (3) installation of 12 acres of alluvial fan other modification sage scrub revegelation in Phase D; (4) installation of one acre of willow riparian to a jurisdictional habitat; and (5) preservation of 60.2 acres within San Francisquilo Canyon in drainage Phases C and D (28.6 acres in Phase D dedicated to the MRCA In 2008, the remaining 31.6 acres in Phase C shall be dedicated prior to the initiation of grading activities for Phases B and Q. Given the reduced development footprint of the currently proposed project (versus 1999). it is possible that the resource agencies will consider the mitigation activities performed to dale adequate to offset impacts associated wllh Phase B and C development. If additional mitigation is required by the resource agencies to compensate for Impacts to jurisdictional waters, these mitigation activities shall consist of (1) riparian habitat restoration, enhancement, or preservation or (2) participation in an agency -approved habitat mitigation bank_ If the resource agencies identify project impacts [hat are not adequately mitigated by the activities described 1s Mltigation Measures Actlon Required Mitigation Timing Responsible Agency/ Party Monitoring Agency/ Party above, those impacts shall be mitigated at a minimum ratio of 2:1 (i.e.. no fewer than 2 acres of mitigation shall be provided for each acre of slreambed loss), The RHMP will analyze the quality and amount of slreambed impact areas and will demonstrate through the use of a functional analysis method such as the Califomia Rapid Assessment Method that the mitigation sites and activities (e.g.. restoration, enhancement, andfor preservation) adequately compensate for the loss of the on-sile streambed resources. If additional mitigation activities are required by the resource agencies, the Applicant shall prepare a Riparian Habitat Mitigation Plan (RHMP) for review and approval by the LACDRP prior to the initiation of project grading activities that would affect slreambed resources and will include the following items: • Responsiblfities and Qualifications of the Personnel to Implement and Supervise the Plan. The responsibilities of the Landowner. Specialists, and Maintenance Personnel that will supervise and implement the plan shall be specified. • Site Selection. The site(s) for mitigation shall be determined in coordination with the Project Applicant and the LACDRP. The site shall be located in a dedicated open space area and will be contiguous with other natural open space areas. • Site Preparation and Planting implementation. Site preparation shall include (1) protection of existing native species; (2) trash and weed removal; (3) native species' salvage and reuse (i.e., duff); (4) soil treatments (i.e.. imprinting, decompacting); (5) erosion-conlrol measures (i.e.. rice or willow wattles); and (6) seed mix application. The mitigation plan shall Include a discussion of whether active restoration or enhancement is required to achieve the objectives of the RHMP or if passive restoration is expected to result in the desired RHMP objectives within a reasonable lime frame, • Plant Material. All plant material used for habitat restoration purposes shall consist of native species that are local to the immediate area of the mitigation site. The source of plant material used for habitat restoration shall come from areas within 10 miles of the mitigation site and within 1,000 feet of elevation. All plant material proposed for use in a habitat restoration program shall be inspected by a qualified biological monitor to ensure that all container plants are in good health and do not contain pests or pathogens that may be harmful to existing native plants or wildlife species. Container plants and other landscaping materials (including organic mulches) shall be inspected to ensure they do not contain Argentine ants. Any seeds to be used for habitat restoration purposes shall be collected, cleaned, stored, and packaged by a qualified seed supplier. Native seed mixes shall be inspected by a biological monitor prior to their application to ensure that they contain the proper species and that seed packages are in good condition and do not contain any pests or pathogens. Diseased or 16 Mitigation Measures Action Required Mi lion Timing Responsible Agency/ Y Monitoring Agency/ Part] infested plant, seed, or landscape materials shall be removed from the site and transported to an appropriate oft site green waste facility. • Schedule. Establishment of restoraiionlrevegetation sites shall be conducted between October 15 and January 30. Introduction of hydroseed mix and container plants shall occur immediately after the restoration sites are prepared. • Maintenance PlaniGuidel Ines. The Maintenance Plan shall include (1) weed control; (2) herblvory control; (3) bash removal; (4) irrigation system maintenance; (5) maintenance training; and (6) replacement planting. • Monitoring Plan. The Monitoring Plan shall include (1) qualitative monitoring (i.e., photographs and general observations). (2) quantitative monitoring (i.e.. randomly placed transects); (3) monthly reports for the first year and every other month thereafter, and (4) annual reports for rive years, which will be submitted to the LACDRP. Monitoring will be conducted for five years or until performance standards have been met. • Performance Standards. The RHMP shall include a discussion of appropriate performance standards to determine habitat restoration success. Minimum native species coverage of approximately 90 percent relative to a nearby reference silo at the end of the five-year monitoring period is a commonly utilized performance standard, though the final performance standards shall be determined based on specific site conditions. The restoration program shall be considered successful if the performance standards have been achieved at the end of the five-year monitoring period and once successful plant establishment has been documented (e.g., plant health is determined to be satisfactory by the biological monitor at least two years after supplemental watering has been discontinued). If performance standards have not been achieved at the conclusion of the rive -year monitoring period, monitoring and maintenance activities shall be continued until performance standards have been met. • Signage and Fencing. If necessary, the RHMP shall include specifications an fencing to protect biological resources and restrict human access. Signage specifications shall also be developed to indicate the site is a preservation site and to either indicate that trespassing is not allowed or to Instruct visitors to slay on trails if public access is allowed. • Long Term Site Management. The RHMP shall identify an appropriate entity to manage any open space areas utilized for mitigation purposes. A long-term management plan shall also be developed which will be implemented by the long -tern management entity. Potential land management entitles Include the Mountains Recreation and Conservation Authority; the Tesoro del Valle Homeowners Association; the Nature Conservancy, the City of Santa Clarila, or the County of Los Angeles. Any other management entities that may be identified would be subject to approval by the LACDRP. The County of Los Angeles shall be named as 17 Responsible Monitoring Mitigation Agency! Agency! Mitigation Measures Action Required filming Party Party an enforcing party on any conservation easement or land dedication agreement to ensure compliance with any restrictions or required land management actions associated with the open space areas. • Proof of Funding for Site ManagemenL The HMMP shall provide a funding mechanism to ensure that sufficient funds are available to the long- term management entity for the ongoing management and protection of the mitigation sites. Possible funding mechanisms may include an endowment, payments from the HOA, or establishing a specaal financing district. If preservation of streambed resources is proposed, the RHMP will describe (1 ) the amount and quality of streambed resources at the site; (2) management requirements to control invasive non-native plants, littering and illegal trash dumping, and trespassing; and (3) a mechanism for permanent preservation and management of the site. The 31.6 preservation area in Phase C shall be dedicated to an appropriate enlily prior the Initiation of grading activities for development of Phases C and D. A long-term management plan shall also be developed which will be implemented by one of the long-term management entities listed above. The County of Los Angeles shall be named as an enforcing party on any conservation easement or land dedication agreement to ensure compliance with any restrictions or required land management actions associated with the open space areas. MM 13104 Prior to the issuance of a grading permit, the Project Applicant shall apply for Provide evidence Prior to the Subdivider Stale Water coverage under the State Water Resources Control Board's General Permit for of NPDES issuance or a and Resources Storm Water Discharge Associated with Construction Aclivity (Construction coverage and a grading permit Successor, Control Board Activities General National Pollutant Discharge Elimination System [NPDES] Storm Water and Permiltee Permit) and shall comply with all the provisions of the permit, including the Pollution development of a Storm Water Pollution Prevention Plan, which includes Prevention Plan to provisions for the implementation of Best Management Practices and the satisfaction of erosion -control measures. Best Management Practices shall include both the monitoring structural and non-struclural measures. The purpose of this mitigation measure agency is to ensure that site runolf does not adversely affect the Santa Clara River Significant Ecological Area (SEA) No. 20, or downstream biological resources. MM Slo-9 Prior to issuance of a building permit, the Project Applicant shall develop a Prepare and Prior to issuance Subdivider County of Los Lighting Plan in coordination with a qualified Biologist and an Electrical Engineer submit a Lighting of a building and Angeles registered in the Slate of California for development areas that border natural Plan for review permit Successor, Department of open space resources. The Lighting Plan shall be subject to the Rural Outdoor and approval. and Permittee Regional Lighting District requirements (County of Los Angeles 2014) to ensure that all Planning lighting has a minimal impact on open space areas and wildlife. Mercury vapor and halide lighting shag not be used on the perimeter of the developed areas or In areas that are adjacent to designated open space. The Lighting Plan shall provide guidelines for outdoor lighting used throughout the project site. Final lighting orientation and design shall be approved by the County of Los Angeles, Department of Building and Safety. The Lighting Plan shall include, but not be limited to, the following stipulations: 18 Responsible Monitoring Mitigation Measures MlllgaElon Agency/ Action Required Timing Party Agencyl Party a. Illumination levels shall be compatible with the character and use of surrounding development. The Lighting Plan shall incorporate outdoor lighting recommendations developed by the Illuminating Engineering Society of North America. b. Low-pressure sodium lighting fixtures or flashing lights shall not be used. c. Exterior lighting standards and fixtures shall be located and designed to minimize direct glare beyond the silo boundaries. Lighting shall be fully shielded and directed downward to confine light spread solely within necessary locations. d. Security lighting fixtures shall not project above the roof line of the building on which they are mounted. e. Where applicable, lime -control devices shall be used on exterior lighting sources. The Lighting Plan shall be submitted and approved by the LACDRP prior to Issuance of building permits. Lighting requirements described In this mitigation measure shall be memorialized in the Codes, Covenants, and Restrictions (CCBRs) for the project to ensure ongoing compliance. MM Bio-10 Prior to issuance of a grading permit, the Project Applicant shall ensure the Prepare and Prior to issuance Subdivider County of Los incorporation of fencing into the Landscaping Plan to deter project occupants submit a of a grading and Angeles from entering the natural areas. The Landscaping Plan shall include provisions Landscaping Plan permit Successor, Department of for signs and spat -rail fencing to direct residents to keep out or sensitive natural (with fencing and Permillea Regional open space and revegetallon andfor mitigation areas. In areas bordering natural incorporated), Planning and open space and fuel modification zones, the Landscape Plan shall reflect a trash Los Angeles transition zone designed to buffer natural habitats from developed areas. This management County Fire transition zone will reduce impacts associated with invasion by introduced program, CCBRs, Department species and will help buffer human activity adjacent to wildlife habitat. and educational Landscaping in areas adjacent to natural open space will use species native to sign plan for the project region and will be consistent with guidelines from the Las Angeles review and County Fire Authority. The Landscaping Plan shall be submitted to the Los approval. Angeles County Fire Department and LACDRP for review and approval prior to Incorporate into issuance of a building permit. the Covenants, To reduce the impact or trash in the open space areas, dispensers for dog waste Conditions, and bags and appropriate receptacles for cigarette butts shall be placed along Restrictions sidewalks and trail heads, waste and recycling receptacles that discourage language foraging by wildlife species adapted to urban environments shall be installed in identifying a common areas (i.e., any area where public trash receptacles would be placed) minimum trash such as parks, sidewalks, community centers, and walking trails throughout the management project site, and trash catching devices shall be installed at trail heads or other Program for open locations where trash can blow Into the open space areas. Trash catching space areas devices (e.g., staggered fencing and associated vegetation) will be incorporated into the projecPs landscape plan. The HOA or the future land management entity in charge of the open space areas shall devise and implement a trash management program for the open space areas that would include emptying all 19 Mitigation Measures Action Required Mltigatlon Timing Responsible Agency! Party Monitoring Agency/ Party trash receptacles on a regular (approximately weekly) basis; regularly inspecting and maintaining an trash-calching devices; and regularly collecting all trash that accumulates along trails In the open space area (approximately weekly). All trails should include signage citing applicable CCSRs to inform users that all dogs must be on leashes; that owners must clean up after their dogs; and that smoking Is prohibited in open space areas. Only passive recreational activities shall be permitted within the designated natural open space areas and shall be restricted to trails. The CC&Rs for the project shall include the following requirements to reduce potential human impacts on open space areas: • all dogs and cats shall be in compliance with requirements found in Sections 10.20.150 through 10.20.350 of the Los Angeles County Code related to appropriate licensing and tagging; keeping all dogs on leashes while in the designated natural open space areas; ensuring that all dogs and cats are neutered or spayed; and that all dogs and cats have a microchip. smoking shall be prohibited in all open space areas. • balloons shall not be utilized by the HOA for any community events and the use of balloons by Individual homeowners shall be discouraged. • prohibition of any homeowner reprisals against native wildlife species (i.e., killing or harming native wildlife species In any way) if homeowner pets are killed or harmed by wildlife. Though no established equestrian trails exist in the preservation areas In San Francisquila Creek, the Cliffie Slone Trail and North Park 'frail are mixed use trails that are managed by the Los Angeles County Department of Parks and Recreation (LACDPR) and are located In the vicinity of the preservation areas. Equestrian activities can have a detrimental effect on water quality and riparian hablial through the accumulation of manure (CBARCD 201 a); trampling of native vegetation; spreading non-native or invasive plant species; soil compaction, and noise. As a result, educational signage shall be posted to strongly discourage equestrian activity in the preservation areas and to minimize equestrian impact to riparian habitat and water quality. Signs shall be posted at locations that show evidence of equestrian traffic entering the preservation areas, outside of areas that are prone to flooding. Signs shall identify on -site portions of San Franclsquito Creek as habitat preservation areas; require that riders stay on identified LACDPR trails; list negative Impacts on riparian resources from equestrian use (e.g.. manure accumulation, trampling of plants, carrying invasive plant seeds, soil compaction. and noise). and discuss the importance of horses avoiding channels that are subject to seasonal flows. MM 810-11 Prior to the Issuance of a grading permit, the Project Applicant shall prepare and Provide evidence Pnor to the Subdivider County of Los submit to the County a Storm Water Pollution Prevention Plan (SWPPP). The of NPDES issuance of a and Angeles plan shall demonstrate that proposed water catchments and filtration structures coverage and a grading permit Successor, Department of will be sufficient to trap and remove pollutants and urban sediments to the Storm Water and Permillee Regional degree necessary 10 ensure continued water quality The SWPPP shall also Pollution 20 MM Bic-1Z MM Blo-13 Measures demonstrate the prolecl's compliance with Los Angeles RWQCB standards, which shall also be the performance standard for this measure. The general purposes of the plan shall be to protect and enhance water quality, to support the designated beneficial water uses; and to protect the functions and values of water quality resources (e.g., streams, wetlands, open space), which Include, but are not limited to the following; a. Providing a vegetated corridor to protect water features from development. b. Maintaining and rehabilitating natural stream corridors and other protected water features. c. Minimizing sediment, nutrient, and pollutant loading into water. d. Providing filtration, infiltration, and natural water purification. e. Stabilizing slopes to prevent landslides, which contribute to sedimentation of water features. f. Maintaining the existing tree canopy where possible. g. Minimizing impervious surfaces while providing for compact growth. Prior to the approval of the final map, the Project Applicant shall prepare a Landscaping Plan. This plan will be subject to County review and will include a plant palette composed of native species for all common areas on the site. Common areas are defined herein as all open space areas, excluding homeowner lots, active recreation areas, and street rights -or -way. Native species to be used in common areas shall be sourced from plants within a 2G- mile radius of the project silo and wilhin 500 elevalional feet. During the preparation of the Landscaping Plan, the Landscape Architect shall consult with the Project Biologist to identify plant species that may be toxic to animals so that use of these species can be avoided. The Landscaping Plan will also include a list of invasive plant species prohibited from being planted on the project site. Invasive plant species to be prohibited and recommended drought -tolerant plants for resident landscaping shall be memorialized in the project's CC&Rs. The CC&Rs shall include language that encourages homeowners to utilize native plant species to landscape their properties. Fencing, signs, or other features that are included in the landscaping plans shall be constructed so that all vertical open pipes are permanently covered to prevent wildlife entrapment. The LACDRP Biologist shall have the opportunity to review and comment on aspects of the CC&Rs pursuant to landscaping prior to finalization of the CC&Rs. All landscaping materials (including organic mulches) for common areas (Le., parks and intervening, unpaved areas that are not a part of any home owners parcel) shall be Inspected and certified by landscape suppliers as being "free" of Argentine ants prior to planting. Additionally, to further guard against Argentine ants, the Homeowners Association shall discourage Irrigated landscape planting through distribution of educational information and other feasible methods 10 reduce the potential for Importing Argentine ants. Planted slopes adjacent to, native habitat areas shall be planted with native drought -resistant 21 Action Required Prevention Plan to the satisfaction of the monitoring agency Prepare and submit a Landscaping Plan for review and approval and allach the approved plant palette as an appendix to the Covenants. Conditions, and Restrictions_ Prepare and submit a Landscaping Plan that implements these measures including plans to guard against ants for Mltlgation Timing Prior to final map approval. Responsible p Monitoring Agency) Agency/ Party Party Subdivider and Successor, and Permillee Planning and Public Works County of Los Angeles Department of Regional Planning Prior to approval Subdivider County or Los of grading permil; and Angeles Successor. Department of and Permiltee Regional Planning Mitigation Measures Action Required Mitigation Timing Responsible Agency/ Party Monitoring Agency/ Party plants and soil moisture shall be maintained below approximately ten percent review and saturation to deter the establishment of nesling colonies of Argentine ants. approval. Incorporate the educational information into the Covenants, Conditions, and Restrictions. MM Blo-14 The Subdivider and Successor and Permiltee shall make educational materials Prepare Prior to final map Subdivider County of Los available to all residents either through the disidbulion of an educational educational approval and Angeles book/pamphlet and/or development of a websile. 'Topics to be discussed in materials to be Successor. Department of these materials shall Include the following: made available to and Pennittee Regional a. the importance of preventing native wildlife from becoming accustomed to all residents to the monitoring Planning non-native food sources. Preventative measures would include not feeding age cy wildlife, preventing wildlife access to trash that contains food; keeping the Incorporate the ground free of fallen fruit from trees and not leaving pet foot outside; educational b. instructions to not transport firewood to prevent the introduction of pests and information into pathogens that can kill or damage native trees; the Covenants, Conditions, and c. admonitions against allowing cats to go outside to prevent them from killing Restrictions. birds, arthropods, and herpetofauna; d. references to Sections 10.20.150 through 10.20.350 of the Los Angeles County Code that require (1) appropriate licensing and lagging of cats and dogs; (2) keeping all bogs on leashes while in the designated natural open space areas; (3) ensuring that all dogs and cats are neutered or spayed; and (4) that all dogs and cats have a microchip; e. prohibiting any reprisals against native wildlife species (i.e., killing or harming native wildlife species in any way) it homeowner pels are killed or harmed by wildlife; f. discouraging use of invasive plant species and encouraging the creation of landscaped areas that support native wildlife; g. identifying ways to reduce urban runoff and maintaining water quality; h. discouraging the use of pesticides that can move up the food chain and harm native carnivores (e.g.. anli-coagulanl rodenticides); L preventing fires in open space areas by prohibiting smoking while in native open space and taking steps to prevent flying embers from backyard tires; J. Identifying sources of trash that can blow into open space areas and discouraging their use (e.g., all types of balloons, plastic bags). A recommended resource for development of these educational materials can be found at: hllpJlwww.11vinglightly.org. 22 Mitlgallon Measures MM Bic -is Prior to the issuance of a grading permit, the Project Applicant shall submit the proposed Best Management Practices (BMPs) for County review. Measures shall be Included to control siltation and erosion into creek drainages,, dawalering or drainages by filling and diverting headwaters of drainages; and excessive dust accumulation on vegetation. BMPs shall also specify the use of silt fencing at the lower edges of graded slopes and the outer edges of drainage buffers and shall require that coir logs be placed on slopes to prevent erosion. All oak tree driplines within 50 feel of land clearing (including brush clearing) or areas to be graded shalt be enclosed within temporary fencing for the duration of the clearing or grading activities. Fencing shall extend to the root protection zone (RPZ) (that area al least 15 feel from the trunk or half again as large as the distance from the trunk to the dripline, whichever is greater). No parking or storage of equipment, solvents, or chemicals that could adversely affect the trees shall be allowed within 25 feel of the trunk at any time. Fence removal shall occur only after the Project Biologist confirms the health of preserved trees.The Grading Contractor shall confer with the Project Biologist to identify a strategy for brush removal and initial ground disturbing activilles that will minimize impacts on wildlife species. Generally, this strategy will consist of initiating brush removal and initial ground disturbance activities in the southern and central portions of the project site to encourage wildlife species to disperse to adjacent open space area. Initial construction activities shall be designed to avoid the creation of islands of habitat that prevent terrestrial wildlife from reaching open space areas outside the project impact footprint. All upslope grading and drainage shall be engineered to minimize resultant erosion, soil compaction, or drainage into preserved oak tree areas. Whenever possible, utilities shall be designed to avoid crossing under the canopies of preserved trees unless the utilities are installed by drilling under the root zones (where feasible) to avoid impacts associated with cutting fools. Feasibility of drilling under trees will be based an soil conditions. Utilities will be clustered whenever possible to lessen impacts to oak RPZs. 23 Action Requirei Submit BMPs for review and approval. IWItigaUon Timing Prior to the issuance of a grading permit Responsible Agency/ Party Subdivider and Successor, and Permillee Monitoring Agency/ County of Los Angeles Department of Regional Planning Responsible Monitoring Mitigation Agencyl Agencyl Mitigation Measures Action Required Timing Party Party MM Blo-16 To ensure that the mitigation measures listed in this section are fully and 1) Provide 1) Annually, Subdivider County of Los property Implemented, the Project Applicant shall submit annual reports to the annual post and Angeles LACDRP to document post -project compliance with all mitigation measures reports construction Successor, Department of associated with the Supplemental EIR (SEIR) For the project. These annual post- documenting 2) Prior to the and Permitlee Regional project compliance reports will summarize the success of implementing habitat- compliance issuance of a Planning related mitigation (Mitlgation Measures 1. 2, 3, and 7) and will document the with all grading status of implementing species -related mitigation (Mitigation Measures 4, 5, and mitigation permit 6). These reports shall also describe the general condition of open space areas measures to and identify any impacts that require actions by the land management entity. the Successful implementation of conalruction-related mitigation measures and satisfaction of mitigation related to landscaping, Fighting, or homeowner activities will be the discussed as these measures are implemented. Annual reports shalt be monitoring submitted to the LACORP by December 31 each year, beginning after grading agency activities are initialed. Annual reports shall be submitted until the monitoring 2) provide periods for Mitigation Measures 1, 2, 3, 4, and 7 are complete and successful evidence of implementation of the remaining mitigation measures is documented. approved Prior to the issuance or a grading permit, the Project Applicant will provide a Funding Funding Agreement that Is subject to the approval of the LACDRP for the Agreement purpose of ensuring that sufficient funds are available to perform the required monitoring and reporting tasks described in the previous paragraph and in Mitigation Measures 1 through 7. This Funding Agreement may consist of the creation of an escrow account or other mechanisms acceptable to the LACDRP. MM Bio-17 A pre -construction survey of all areas proposed for construction/grading Provide evidence Prior to issuance Subdivider County of Los activities that contain suitable habitat for silvery legless lizard, coast homed of negative survey or a grading and Angeles lizard, and two -striped garter snake shall be conducted by a qualified biologist- results or permit Successor. Department of Surveys will consist of one pass -through by a qualified wildlife biologist in the evidence of Permitfee, and Regional areas to be impacted white visually searching for the species listed above, adequate i Qualified Planning Surveys will be conducted no more than three days prior to the disturbance or protection Biologist the surveyed area. If any of these species or other wildlife species that can be measures to the easily moved are observed within the constructionlgrading zone, the Biologist satisfaction of the (who must have a valid California Scientific Collecting Permit) shall relocate monitoring agency them to suitable on -silo open space areas outside of the project impact footprint. prior to issuance For the American badger specifically, the following pre -construction survey and of a grading permit avoidance measure protocols shall be implemented: For construction activities that are to occur between November 1 and February 15, pre -construction winter/non-natal surveys for American badger shall be performed in areas of suitable habitat within the project impact footprint or within 100 feel of this footprint. Surveys shad occur no more Ihan 14 days prior to construction achvilies to determine whether American badger winter dens are present. If project activities are delayed or suspended for more than 14 days, the pre -construction surveys shall be repeated. If an American badger winter or nan-natal den is occupied within the project Impact footprint or within 100 feel of the impact footprint, the den location shall be clearly marked with fencing or gagging. To avoid inadvertent impacts on the 24 Mitigation Measures Action Required Mitigation filming Responsible Agency/ Party Monitoring Agency/ Party den, fencing shall be installed in a manner that does not isolate the badger from intact adjacent habitat or prevent the badger from accessing the den. The den shall be monitored by a qualified biologist to confirm normal activities during construction. If it is not practicable to avoid the wintering or non -natal den during construction activities, CDFW will be contacted. Construction activities shall be allowed to proceed when the den is vacated. For construction activities that are to occur between March 15 and July 31, pre - construction natal den surveys for American badger shall be performed in areas of suitable habitat within the project impact footprint or within 200 feet of this footprint. Surveys shall occur no more than 14 days prior to ground -disturbing construction activities to determine whether American badger natal dens are present. If project activities are delayed or suspended for more than 14 days, the pre -construction surveys shall be repealed. It active natal dens are located within these areas during pre -construction surveys, construction activities shall be postponed. If natal dens are detected during construction, construction activities shag be halted within 200 feet of the natal den. This buffer may be reduced based on the tocaiion of the den or type of construction activity, based on the direction of the Project Biologist and if CDFW has agreed in writing. Construction activities shall not preclude the ability of the documented badgers to disperse to on -site open space or off -rile habitat when the natal den Is vacated (i.e., habitat suitable for dispersal must be maintained until dispersal occurs). Construction will be postponed or halted in these areas until It is determined by the project biologist that the young are no longer dependent on the natal den. To avoid Inadvertent impacts during construction and to ensure that construction activities are at least 200 feel from active natal dens, any active natal dens within the survey area shall be clearly marked with fencing or flagging in a manner that does not isolate the badger from sufficient intact adjacent habitat, prevent the badger from accessing the den, or inhibiting normal behavioral activities (e.g., foraging and dispersing from the site) by the mother and pups. Construction activilles shall be allowed to proceed when the den is vacated. 2: Responsible Monitoring Miugation Agencyl Agency/ Mitigation Measures Action Required Timing Party Party Cultural Resources (Section 5.5 of the SE1R) Mitigation Measures MM Cult-1 In the event, archaeological cultural resources are encountered during Project Provide evidence During grading Subdivider County of Los construction, all ground -disturbing activities wilhin the vicinity of the find shall that the services and earth and Angeles cease and a qualified archaeologist and designated Native American of a qualified disturbance Successor. Department of representative shall be notified of the rind. The archaeologist shall record all archaeologist and activities and Permiltee, Regional recovered archaeological resources on the appropriate California Department Native American and qualified Planning of Parks and Recreation Site Forms to be filed with the California Historical representative Archaeologist Resources Information System -South Central Coastal Information Center, have been evaluate the significance of the find, and if significant. determine and retained, in the implement the appropriate mitigation in accordance with the U.S. Secretary event of an of the Interior and California Office of Historic Preservation guidelines, encounter. including but not limited to a Phase III data recovery and associated documentation, and in consultation with the designated Native American representative. The archaeologist shall prepare a final report about the find to be filed with the Applicant, the County of Los Angeles Department of Regional Planning, and the California Historical Resources Information System -South Central Coastal Information Center, as required by the California Office of Historic Preservation. The report shall include documentation of the resources recovered, a full evaluation of the eligibility with respect to the Califomia Register of Historical Resources, and treatment of the resources recovered. In the event of a find, archaeological and Native American monitoring shall be provided thereafter for any ground-dislurbing activities in the area of the find. MM Cult-2 Prior to construction, in areas where depth of excavation will exceed live feet Provide PRIMP, Prior to Issuance Subdivider County of Los below ground surface, a Paleontological Resource Impact Mitigation Plan proof of of grading permit. and Angeles (PRIMP) shall be developed by a qualified Paleontologist. The PRIMP shall contracted Successor, Department of Include recovery, preparation (to the point of Identification), identification, and services, and and Permiltee, Regional curalion of fossil materials. The PRIMP shall also Include provisions for credentials of and Qualified Planning significant paleontological specimens recovered during mitigation to be contracted Paleontologist deposited for curalion In an accredited and permanent scientific inslitullon Supervising with a research and/or educational interest in the materials (e.g., the Natural Paleontologist to History Museum of Los Angeles County). The Paleontologist shall have a the satisfaction of written repository agreement prior to initiating mitigation activities. These the monitoring requirements shall be Included as notes on the contractor grading plans and agency. shall be verified by the Lead Agency, or its designee, prior to commencement of grading activities. MM Cult-3 Prior to the issuance of the grading permit for ground -disturbance activities Provide PRIMP, Prior to Issuance Subdivider County of Los (i.e.. grading and excavation), the properly owner/developer shall submit the proof of of the grading and Angeles PRIMP, prepared by the Supervising Paleonlologisl retained for the project, contracted permit for Successor, Department of to the Department of Regional Planning for review and approval. The following services, and ground- and Permitlee, Regional mitigation measures shall be outlined in greater delail in the PRIMP: credentials of disturbance and Qualified Planning a. The Supervising Paleontologist shall be retained and be present at all contracted activities Paleontologist pre -construction planning and pre grading meetings. Paleontologist to b. Prior to the approval of grading plans for any grading permit, a the satisfaction of Paleontological Assessment Report shalt be submitted to the Department 20 Mitigation Measures Action Required Mitlgatfan Timing Responsible Agency/ Party Monitoring Agency! Party of Regional Planning for review and approval. This report shall Identify the monitoring the geological formations that would be exposed to grading/dislurbance agency activities and each formatlon's paleontological sensitivity. Paleontological resource requirements shall be Incorporated as a note on the grading plan cover sheet. For most grading activities, a qualified Paleontologist shall be retained by, and at the expense of, the Project Applicant to monitor and, if necessary, salvage scientifically significant fossil remains during grading operations. The duration of these inspections shall be determined by the Supervising Paleontologist and shall depend on the sensitivity of the rock units, the rate of excavation, and the abundance of fossils. c. Paleontological monitoring shall be conducted during grading and other excavation work as determined necessary by the Supervising Paleontologist. Recommended hours for monitoring activities shall be established by the Supervising Paleontologist and shall be outlined In the PRIMP. It shall be the responsibility of the Supervising Paleontologist to demonstrate, to the satisfaction of the lead Agency, the appropriate level of monitoring necessary based on the grading plans. d. Any paleontological work at the site shall be conducted under the direction of the Supervising Paleontologist. e. Prior to the start of grading activities, Paleosols No. 5 and No. 8 shall be tested for microvertebrale fossils. f. Grading activities in the Caslaic and Saugus Fomnalions shall require full - lime monitoring by a qualified Paleontologist. g. Geologic units of low or moderate paleontological sensitivity shall require part-time monitoring. If significant fossils are observed during grading as determined by the Supervising Paleontologist, full -lime monitoring shall be Implemented. Monitoring may be reduced if the potentially fosslliferous units described In this assessment are not present in the subsurface or, it present, are determined upon exposure and examination by a qualified Paleontologist to have low potential to contain fossil resources. h. Qualified Paleontologists shall have the authority to temporarily divert or direct grading efforts to allow for evaluation and any necessary salvage of exposed fossils. 1. Because of the potential for producing small fragments of vertebrate microfossds, periodic screening of fine-grained sediment from cuts in the Castaic and Saugus Formations shall be performed by the qualified Paleontologist. Such material may be removed in bulk and screened off site to minimize interference with grading operations. J. If a fossil discovery occurs during grading operations when a qualified Paleontologist is not present, grading shall be diverted around the area until he or she can access the rind. 27 Responsible Monitoring Mitigation Agency/ Agency/ Mitigation Measures Action Required Timing Party Party k. Recovered specimens shall be prepared to the point of identification and permanent preservation, including washing sediments to recover small vertebrate or invertebrate fossils. 1. Any fossils recovered, along with their contextual slraligraphic data, shall be donated to the Natural History Museum of Los Angeles County Or another appropriate institution with an educational and research interest In the materials. A final report detailing Findings and disposition of specimens shall be submitted to the Lead Agency and repository institution. Energy (Section 5.5 of the SEIR) Mitigation Measures Refer to 1999 AQ MMP-4 Refer to 1999 Refer to 1999 Refer to 1999 AQ MMP-4 AQ MMP-4 AQ MMP-4 Grsenhouso Gas Emissions (Section 5.6 of the SEIR) Mitigation Measures MM GHG-1 Prior to the Issuance of each residential building permit for single family homes Provide evidence Prior to the Subdivider County of Los or senior homes, the Permitlee or successor developer shall demonstrate (hat of 50 percent or issuance of each and Angeles each home will exceed the current 2016 CCR Title 24 Part 6 minimum energy greater residential Successor, Department of efficiency requirements by at least 50 percent to the Satisfaction of Public exceedance of building permit and Perrniltee Public Works Works. Title 24 to the for single family monitoring agency homes or senior homes MM GHG-2 Prior to the issuance of each residential building permit for single family homes provide evidence Prior to the Subdivider County of Los or senior harries, the Permiltee or successor developer shag demonstrate that of solar power issuance of each and Angeles the Project shall include solar power generation or alternate equivalent generation residential Successor. Department of renewable power generation (e.g., solar hot water, wind, fuel cells) equivalent equivalent of 50 building permil and Permittee Public Works 10 4,500 kWhr-year (50 percent of the power utilized) for each single family percent or greater for single family residence and 2,400 kWhr-year for each senior home to the satisfaction of to the monitoring homes or senior Public Works. agency homes MM GHG-3 Pnor to the issuance of each nonresidential building permit for the park and Provide evidence Prior to the Subdivider County of Los recreational land uses, the Permiltee or successor developer shag demonstrate of solar power issuance of each and Angeles that the Project shall include solar power generation or alternate equivalent generation nonresidential Successor. Department of renewable power generation (e.g., solar hot water, wind, fuel cells) equivalent equivalent of 50 building permit and Permiltee Public Works to 9.5 kWhr-year per square fool (50 percent of the power utilized) for each percent or greater for the park and community building to the satisfaction of Public Works. to the monitoring recreational land agency uses MM GHG-4 Prior to the issuance of each residential occupancy permit, the Permittee or Prepare and Prior to Final map Subdivider County of Los successor developer shall submit for approval to the Department of Regional submit all approval and Angeles Planning the plan for the applicable future homeowners associalion(s) to provide educational Successor. Department of educational information to each homeowner on (1) water conservation; (2) materials to be and Permittee Regional energy conservation, including the use of energy-elficient ilghling and the made available to Planning limiting of outdoor lighling; (3) the use of the solar PV system included with each each homeowner home (see MM GHG-2); (4) mobile source emission reduction techniques, such 1 + plan for 28 Responsible Monitoring Mitigation Measures Action Required MitiTiming n Agency ! Agency ! as use of alternative modes of transportation and zero- or low -emission vehicles; disseminating info (5) the use of solar heating, automatic covers, and efficient pumps and motors for review and for pools and spas. and (6) recycling methods utilized. The plan shall include a approval. delivery schedule of the educational information to each homeowner that Incorporate the includes the initial delivery prior to individual purchase of properly as well as educational delivery of annual updates to all homeowners, information and plan into the Covenants, Conditions, and Restrictions. MM GHG-5 Prior to the issuance of each nonresidential building permit for the park and Submit Prior to building Subdivider County of Los recreational land uses, the Parmittee or successor developer shall detail bicycle architectural plans approval of and Angeles parking on the architectural plans depicting a bicycle parking space quantity that with bicycle nonresidential Successor. Department of exceeds bath the bicycle parking requirements of Section 22.44.1410 of the parking for review buildings, park, and Permiltes Regional Municipal Code and the CalGreen mandatory requirements by providing the and approval. and recreational Planning higher of either a 15 percent increase over the Municipal Code or CalGreen land uses. mandatory requirements or provide a minimum of 8 bicyde parking spaces at each facility. MM GHG-6 Prior to the issuance of each building permit, the Penmiltee or successor Provide evidence Prior to the Subdivider County of Los developer shall require that contractors Install temporary power poles of of adequate issuance of each and Angeles sufficient quantity so that there is a temporary power pole located within 200 feet temporary building permit Successor, Department of of every home under construction and require electric -powered construction electrical power and Permiltee Public Works equipment to be utilized whenever feasible. This requirement shall be for each unit to Incorporated into the contract specifications and a copy of the contract shall be the monitoring submitted to Public Works for review and approval. agency MM GHG-7 Prior to the issuance of each residential building permit for single family homes Provide evidence Prior to the Subdivider County of Los or senior homes, the Permiltee or successor developer shalt incorporate into the of approved issuance of each and Angeles electrical plans, outside electrical receptacles in both the front yard and rear yard electrical plans for residential Successor, department of of each home. each unit to the building permit and Permillee Public Works' monitoring agency for single family Building and homes or senior Safety homes Division MM GH" Prior to the issuance of each residential building permit for single family homes Provide evidence Prior to the Subdivider County of Los or senior homes, the Penmiltee or successor developer shall require that all built- of installation of issuance of each and Angeles in appliances (e.g.. fans, air conditioner units, dishwashers, refrigerators. etc.) Energy Star- residential Successor. Department of are Energy Star -certified. certified building permit and Permillee Public Works' appliances for for single family Building and each unit to the homes or senior Safely monitoring agency homes Division MM GHG-9 Prior to the issuance of the first residential occupancy permit, the Permiltee or Provide evidence Prior to the Subdivider County of Los successor developer shall submit for approval to the Department of Regional of an approved issuance or the and Angeles Planning a Transportation Demand Management (TDM) Program that will at a MM Program to first residential Successor, Department of minimum incorporate the following measures: the monitoring occupancy permit and Permiltee Public Works agency 29 Responsible Monitoring Mitigation Measures Action Required MHlgation Timing Agency/ Party Agency! Party + Provide pedestrian access ways such as sidewalks and trails, that interconnect every proposed home and park and connects to existing off - silo sidewalks and Irads. • Provide designated Class lit bicycle lanes on all major roadways within the proposed Project and provide bicycle trails [hat connect to existing oft-sile bicycle trails, • Provide traffic calming measures on a minimum of 25 percent of the proposed roads and intersections. Provide a kiosk within the community center or public park that provides information on public transit, including bus mules and schedules as well as Information about carpooling and vanpools. Provide a new transit stop located wilhin a quarter mile of the project site. Coordinate with the Santa Clarita 'Transit Agency to accomplish this. Provide a bus shelter with bicycle parking in the vicinity of the project site at a location determined in coordination with the City of Santa Cradle Transit Agency. MM GHG-10 Prior to the issuance of the 2001' residential occupancy permit, the Permitlee or Submit a site plan Prior to site plan Subdivider County of Los successor developer shall require that at least one of the proposed public parks establishing the approval of the and Angeles include an area that may be utilized as a community garden that is open to all community 2001" residential Successor. Department of residents of the Project. garden prior for unit. and Permiltes Regional review and Planning approval. MM GHG-11 To assist in compliance with the waste diversion goals of AS 341. at the time of Provide evidence Prior to issuance Subdivider County of Los initial occupancy, the Permiltee or successor developer shall provide each that recycling bin of a Certificate of and Angeles residence with a recycling bin to assist with the separation of recyclables and has been Occupancy Successor, Department of trash prior to disposal in outdoor containers. provided for each and Permittee Public Works residence to the monitoring agency. Incorporate the recycling tin requirement into the Covenants, Conditions, and Restrictions. MM GHG-12 Prior to issuance of the first grading permit, the Permiltee or successor Submit a site plan Prior to final map Subdivider County of Los developer shall submit for approval to the Department of Regional Planning a for tree purling to approval and Angeles Site Plan that specifies the planting of a minimum of 6.182 on -site trees within for review and Successor, Department of the project site. approval. and Permitlee Regional Planning Hydrology and Water quality (Section 5.10 of the SEER) Mitigation Measures 30 Responslble MonRoring MlU AParrty , f Mitigation Measures Action Required Timingn ParAgety 1999 MMP-3 Sand bags shall be placed during construction to prohibit the transport of any Provide During Subdivider County of Los onsite sediment and resulting debris to downstream areas. Erosion control photographic construction and Angeles devices must be Installed or in place at the conclusion of every working day evidence of Successor, Department of during the rainy period of October 15 to April 15. These will be designed by the erosion control and Permillee Public Works design engineer to keep all debris in the project site as mandated by county devices to the ordinances. monitoring agency 1999 MMP-4 Energy dissipaters shall be Installed at all offsile discharge locations to eliminate Provide During Subdivider County of Los the hazard of erosion in natural offsile channel courses. These facilities will be photographic construction and Angeles designed to the satisfaction of the County Department of Public Works. evidence of Successor, Department of energy dissipater and Permiltee Public Works devices to the monitoring agency 1999 MMP-5 Subdrains as required by the geotechnical consultant will be Installed. Provide evidence During Subdivider County or Los of subdrain construction and Angeles Installation as Successor. Department of specified by the and Permitlee Public Works geotechnical engineer to the monitoring agency 11999 MMP-li All proposed cut -and -fill slopes shall be landscaped as soon as possible after Provide approved Alter grading Subdivider County of Los grading to reduce potential erosion and increased runoff landscape plans and Angeles to the monitoring Successor, Department of agency_ Once and Permillee Public Works grading Is completed, Project Applicant shall provide photographic evidence of landscaping to the monitoring agency. Noise (Section 5.13 of the SEIR) Mitigation Measures 1999 Noise MMP-9 Construction equipment and trucks shall be property muffled. Provide evidence During Subdivider County of Los of construction construction and Angeles equipment Successor. Department of mufflers to the and Parmillee Public Health monitoring agency MM Nol-1 Prior to the Issuance of each permit for clearing, grading, or building within Provide evidence Prior to the Subdivider County of Los 500 feel of existing residences, the Developer shall demonstrate [hat the or noise issuance of each and Angeles construction plans or specifications include the following noise -abatement and abatement permit for Successor. Department of control measures. This measure applies to all phases of construction. devices to the clearing, grading, and Permillee Public Health monitoring agency or building within 31 Responsible Monitoring Mitigation Measures Action Required Mitigation Timing Agencyl Party Agencyl Party • All construction equipment, including internal combustion engines and 5DO feel of stationary equipment (used for construction purposes) shall be equipped existing with noise -reducing features such as, but not limited to, improved mufflers, residences intake silencers. ducts, engine enclosures that are rated according to the manufaclurees specification and mounted on elastomelric isalalers when possible, and acoustical shields or shrouds. • Stationary sources located within 450 feel of off -site residences shati-have noise abatement, such as engine enclosures or be placed behind barriers, to limit the noise level at the sensitive receptor to 60 A -weighted decibels (dBA) equivalent noise value (Leq) or less. • Stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. • On -site and off -site construction haul routes shall be designed to avoid raise -sensitive uses, as feasible. • Equipment and material staging areas and equipment maintenance areas shall be located at teas[ 500 feel from sensitive noise receivers, if feasible. • If available, electrically powered equipment shall be used as an alternative to diesel or gasoline powered equipment. MM Noi-2 If grading or similar construction activity within 150 feel of off -site residences is Provide Prior to grading Subdivider County of Los to occur for longer than one day, the Developer shall install a temporary noise photographic or similar and Angeles barrier between the construction area and the residences. The barrier shall be evidence of a construction Successor, Department of 12 feet high and sold from the ground to the top. The barrier shall be constructed properly installed activity to occur and Permittee Public Health with plywood that is at least a A inch thick or with another material that creates noise barrier to for longer than a noise transmission loss of at least 20 dBA. The barrier shall be located to break the monitoring one day the line of sight between the residences and the construction area. Where agency feasible, [he barrier shall remain in place until the completion of construction near the residences. The Sound Transmission Class (STC) of both materials shall add up to at leas[ an STC rating of 20. This measure applies to all phases of construction. MM Nol-3 Prior to Issuance of a building permit for each multi -family residential use, the Submit a noise Prior to Issuance Subdivider County of Las Developer shall submit a noise analysis to the County demonstrating that analysis for review of a building and Angeles projected air conditioning and refrigeration equipment noise levels would not and approval. permit for each Successor. Department of exceed the standards of Section 12.08.530 of the County Code. multi -family and Permillee Public Health residential use MM No14 Ongoing, each prospective purchaser of residential properly within a h mile of Incorporate the Prior to final map Subdivider County of Las the proposed helispot shall be notified as follows: disclosure notice approval, and Angeles NOTICE OF HELISPOT IN VICINITY — This property is presently located In the into the Covenants, ongoing Successor, and Permiltee Department of Regional vicinity of a helispol, which will be used solely for emergency firefighting Conditions, and Planning operations. For that reason, the property may be subject to some of the Restrictions. tievid annoyances or inconveniences associated with Y proximity to helicopter Provide evidence operations (e.g., noise, vibration, or odors). Individual sensitivities to (hose of all !at disclosure 32 Responsible Monitoring Mitigation Agency/ Agency/ Mitigation Measures Action Requlmd Timing Party Party annoyances can vary from person to person. You may wish to consider what forms to be made helispol annoyances. If any, are associated wilh the property before you available to all complete your purchase and determine whether they are acceptable to you. homebuyers to the monitoring agency MM Nol-5 Prior to issuance of building permits for single-family, duplex, and muill-family Submit a noise Prior to issuance Subdivider County of Los residences adjacent to Tesoro del Valle and Avenida Rancho Tesoro, the analysis to the of building and Angeles Developer shall submit a noise analysis to the County demonstrating that monitoring agency permits for Successor. Department of projected exterior noise levels at areas where residents would reasonably be single-family, and Permillee Public Health expected to spend more than one hour, such as backyards, would not exceed duplex, and muiti- 60 dBA community noise equivalent level (CNEL) for single-family and duplex family residences residences and 65 dBA CNEL for multi -family residences. This standard is adjacent to based on the California Land Use Compatibility Guidelines, Noise abatement Tesoro del Valle may be achieved by setbacks, berms. and walls. and Avenida The noise analysis shall also demonstrate that interior noise levels in all Rancho Tesoro habitable rooms of duplexes and multi -family residences would not exceed 45 dBA CNEL, as required by the California Building Code. MM Nol-6 Prior to the Issuance of each grading permit, the Developer shall submit plans Provide evidence Prior to the Subdivider County of Los and/or specifications to the County demonstrating that site preparation and of an approved Issuance of each and Angeles grading wilhin 265 feel of an occupied residence shall be performed wilh vibration analysis grading permit Successor, Department of equipment that will not cause a vibration exceeding 0.01 peak particle velocity to the monitoring and Permillee Public Health (ppv) inch per second (fnlsec). agency Public Services (Section 5.15 of the SE1R) Mitigation Measures MM PS-1 Prior to initiation of grading activities, the Protect Applicant shall submit an Provide evidence Prior to initiation Subdivider County of Los Emergency Access Plan and/or Congestion Management Plan to the Los of an approved of grading and Angeles Fire Angeles County Fire Department (LACFD) and Los Angeles County Sheriffs emergency activities Successor. Department Department (LACSD) for review and approval. The Plan shall include, but not access plan and/ and Permillee be limited to, (1)identification of construction haul routes. (2) duration and Congestion location of any lane closures; (3) location of parking for construction workers management plan during constructlon phases. (4) use of flagmen; and (5) any pedestrian -related to the monitoring Impacts to sidewalks and intersection crossings. The Traffic Management Plan agency shall be implemented during all stages of Project construction. The contractor specifications shall include the requirements outlined in the Emergency Access Plan and/or Congestion Management Plan and this shall be verified by the County. MM P5-2 During site and building layout design, measures to increase site security shall Provide evidence During site and Subdivider County of Los be implemented, including, but not limited to. lighting in common areas and of a lighting plan building layout and Angeles parks shall be provided. to the monitoring design Successor, Department of agency and Permillee Public Works 33 Mitigation Measures Trafflc, Access and Circulation (Section 5.17 of the SEIR) Mitigation Measures MM Trans-1 Prior to the issuance of occupancy permits, the Project Applicant shelf submit evidence to the County (hat the intersection improvements listed in Table 15.7- 9 for Existing Plus Project Conditions have been or are being compleled, unless the California Department of Transportation (Callrans) or the City of Santa Clarila has not approved the measure. MITIGATION MEASURES FOR PROJECT -SPECIFIC AND CUMULATIVE IMPACTS Location Jurisdiction I Mitiontien ll Existing Plus Proluct Conditions I The Old Rd and I- Modify the existing traffic signal to provide a northbound right-lum 5 SB Ramps County/ signal phase on The Old Rd that would overlap with the westbound Caflrans left turn signal phase at the 1-5 SB off -ramp. It should be noted that the recommended mitigation measure is subject to approval by Callrans due Io the joint shared jurisdiction of the inlersaction. Tesoro Del Valle — This Intersection Is completely built out. There are no reasonable Rio Norte Drive County County and feasible measures available to mitigate the AM and PM peak and Copper Hill Impact of the project. Thus, for this intersection, the project Drive impact is significant and unavoidable McBean Pkwy Modify the eastbound and westbound approaches on Copper Hill Or and Copper Hill Dr to accommodate the installation of a third through lane In each direction. To accorrvnodale the proposed through lanes, the Copper Hill Bridge over the San Francisgrdto Creek would need to be widened to its planned ullimale configuration of three eastbound and Counly/Clly three westbound through lanes. In addition, the westbound of Santa approach of the Intersection would be reslriped as needed. II Is also Ctarila noted that a traffic signal modification would likely be required to accommodate this recommended mitigation measure. The resulting lane configuration at the eastbound approach would provide Iwo Ihnwgh lanes and one shared Ihroughtrighl-lum lane. The resulting lane configuration at the westbound approach would provide two left-lum lanes and three through lanes. YI: Interstate; SB: souhbound; Caltrans: California Department of Transportation. I Source: LLG 2010. Responsible Monitoring Mitigation Agency/ Agency! Action Required Timing I Party I Party Provide evidence Prior to the Subdivider County of Los of completed issuance of and Angeles intersection occupancy Successor, Department of improvements to permits and Permillee Public Words the monitoring agency MM Trans-2 Prior to the Issuance of occupancy permits, the Project Applicant shall submit Provide evidence Prior to Issuance Subdivider County of Los evidence to the County that the intersection improvements listed in Table 15.7- of completed of occupancy and Angeles 9 for Future Cumulative Plus Project Conditions have been or are being intersection permit Successor, Department of completed, unless the California Department of Transportation (Caltrans) or the improvements to and Permillee Public Works City of Santa Cladta has not approved the measure. All Future Cumulative With the monitoring Project impacts, shall be mitigated through payment by pro rala share and/or agency payment into the Valencia Bridge and Thoroughfare District. 34 Responsible Monitoring Mitigation Agencyl Agency/ Mitigation Measures Action Required Timing Party Party MITIGATION MEASURES FOR PROJECT -SPECIFIC AND CUMULATIVE IMPACTS Location Jurisdiction Mitigation Future Cumulative Plus Project Conditions The Old Rd and I- Widen all intersection approaches. The northbound approach wolbe 5 SB Ramps be modified to provide a third through lane, resulting in a northbo approach lane configuration of one left -turn lane, three thro lanes, and one right -turn lane. The soulhbound approach would modified to provide a second loll -hum lane and a third through Lane, resulting In a southbound approach lane mrdiguration of two left - turn lanes and three through lanes. Lastly, the 1-5 SS off -ramp would County/ be modified to convert the sham lefilrighl-lum lane to a lelt-hum Caltrans only lane and add a right-tum only lane, resulting In a westbound approach lane conliguratln of two loll-lum lanes and one right-lum lane. It Is also noted ftlal a traffic signal modification would be requred to accommodate this reournmended cumulative mitigation measure. It should be noted that the recommended mitigation measure is subject to approval by Cattrdns due to the joint shared jurisdiction of the Intersection. It should be noted that the recommended mitigation measure is subject to approval by Caltrans due to the joint shared jurisdiction of the Warsedlon. The Old Rd and Modify all three approaches of the intersection of The Old Rd at Rye Rye Canyon Rd Canyon Rd to acmmmodate the Instaltakin of a second southbound left-tum lane, a third southbound through lane, two additional County northbound through lanes. and two additional westbound left4twn lanes. To accommodate these new lanes, The Old Rd and Rye Canyon Rd would need to be widened. It is also noted that a traffic signal modification would be required to accommodate this recommended cumulative mitigation measure. The Old Road and This Intersection Is completely built out. There are no reasonable Magic Mountain County and feasible measures available to mitigate the PM peak hour Parkway Impact of the project. Thus, for this Intersection, the project impact Is significant and unavoidable 1-5 SB Ramps and This Interjection is completely bull out. There are nor reasonable Magic Mountain County/ and feasible measures available to mitigate the i and PM peak Parkway Callrans hour impact of the project. Thus, for this Intersection, the project Impact is significant and unavoidable Rye Canyon Road This interjection is completely built out. There are no reasonable and Copper Hill Cily of Sanle and feasible measures avallable to miligate the PM peak hour Drive Clarile impact of the project. Thus, for this intersection, the project impact is slgri ficanl and unavoidable Copper HIS Drive County/City This Intersection is completely bull out. There are no reasonable and Decoro Drive of Santa and feasible measures available to millgate the AM and PM peak Clarita hour Impact of the pmlocl. Thus, for this Intersection, the project Impact Is sigrdlicant and unavoidable Tesoro Del Valle— County This intersection is completely built out. There are no reasonable Rio Norte Drive and feasible measures available to mitigate the AM and PM peak 35 Responsible Monitoring Mitigation Agency/ Agency/ Mitigation MeasUros Action Required Timing Part and Copper Hill hour Impact of the project. Ttws, for this inlersedion, the projed Drive impact Is significant and unavoidable. I: Interstate; SB: soulhbound; Caltrans: California Department of Transportation. Source: LLG 2016. MM Trans-3 Prior to issuance of an occupancy permit and in compliance with the County's Provide evidence Prior to the Subdivider County of Los Valencia Bridge and Major Thoroughfare Construction Fee District, the Project of payment of fees issuance of and Angeles Applicant shall pay the fee based on the per unit fee applicable at [hat time. to the monitoring occupancy permit Successor. Department of These fees will be used to fund transportation projects throughout the County's agency and Permitlee Public Works Valencia Bridge and Major Thoroughfare District, including improvements required to miligale impacts related to the Tesoro del Valle Phases B and C Project; however, the priority assigned to individual projects is at the County's discretion. Therefore, the Project Applicant shall be responsible for monitoring of traffic conditions at the two impacted Intersections, beginning at the lime of first occupancy, to determine the point at which the Identified improvements for each intersection would be required. Monitoring shall be required at the following milestones: 40U dwelling units and aD0 dwelling units. The monitoring requirement for each intersection shall cease upon construction of the required Improvement or at full buildout of the Project, whichever comes first. If these Intersection improvements will not be constructed by the County prior to the identified time, the Project Applicant shall implement these improvements subject to a fee credit from the County's Valencia Bridge and Thoroughfare District. MM Trans-4 Prior to construction activities, the Project Applicant shall prepare and submit a Provide evidence Prior to initiabon Subdivider County of Los detailed Construction Traffic Control Plan to the County of Los Angeles of an approved of construction and Angeles Department of Public Works for review and approval. The Construction Traffic Construction activities Successor. Department of Control Plan shall describe in de[all safe detours and provide temporary traffic Traffic Control and Permillee Public Works control during construction activities for the project. To reduce traffic congestion, Plan to the the Plan shall include, as necessary, appropriate, and practicable, the following: monitoring agency temporary Iraffic controls (e.g.. a flag person) during all phases of construction to maintain smooth traffic How; dedicated turn lanes for movement of construction trucks and equipment on and off site; scheduling of construction activities that affect traffic How on the arterial system to off-peak hours; consolidation of truck deliveries; rerouting of construction trucks away from congested streets or sensitive receptors; andlor signal synchronization to improve traffic flow. Tribal Cultural Resources (Section 5.18 of the SEIR) Mitigation Measures MM TCR-1 Prior to initiation of grading, [he Project Applicant shall meet with the Provide evidence Prior to the Subdivider County of Los Fernandeilo Talaviam Band of Mission Indians' Tribal Historic and Cultural of an executed issuance of a and Angeles Preservation Officer (THCPO) to determine the extent of "Special Areas". During monitoring grading permit. Successor. Department of grading activities, a professional Native American monitor, procured by the agreement to the and Permillee Regional Femandeft Talavlam Band of Mission Indians, shall be present to monitor all satisfaction of the Planning earth disturbance activities In the lop five feel of disturbance area within the monitoring agency designated "Special Areas". BI1 Mltlgation Measures MM TCR-2 During site preparation and grading activities, in the case of oak tree removals, a professional Native American monitor, procured by the Femandeilo Talaviam Band of Mission Indians, shall be present to monitor all earth disturbance activities within a thirty-foot radius and five feel in depth of oak trees proposed for removal that have been Identified by the THCPO as within "Special Areas', MM TCR-3 All Tribal Cultural Resources uncovered by the Project that are not eligible for protection on the California Register of Historic Resources shall be donated to the care of the Femandeflo Tataviam Band of Mission Indians on a first refusal basis. Utilities (Section 5.19 of the SEIRI . Measures 1999 Solid Waste MMP-1 Upon incorporation of the Homeowners Association (HOA) or annexation into an existing HOA, the HOA shall designate one board member as the waste management coordinator. This board member will coordinate all waste management activities for the HOA, including recycling, composting, and household hazardous waste collection. Responsible Monitoring MMgagon Agency! Agency/ Action Required Timing Party Party Provide evidence During site prior Subdivider County of Los of an executed to site and Angeles monitoring preparation and I Successor, Department of agreement to the Issuance of a and Permlltee Regional satisfaction of the grading permit Planning monitoring agency Provide evidence Prior to site Subdivider County of Las or an executed preparation and and Angeles recovery issuance of a Successor. Department of agreement to the grading permit and Permillee Regional satisfaction of the Planning monitoring agency Identify the waste Upon Subdivider County of Los management incorporation of and Angeles coordinator and the HOA or Successor. Department of provide the annexation Into and Permillee. Regional coordinators an existing HOA HOA Planning name and contact information. 1999 Solid Waste MMP-2 Upon occupancy of the Project, the HOA shall incorporate the Incorporate the Prior to issuance Subdivider County of Los recycling services provided by the local waste hauler into any recycling services of occupancy and Angeles occupied residence. requirement into permits and final Successor, Department of the Covenants, map recordation and Permiltee Regional Conditions, and Planning Resinclions. MM WWI prior to issuance of building permits In those areas already within the SCV Water service area, the Project Applicant shall provide evidence to the County of payment of all capacity fees, connection fees, and water supply costs in compliance with all of the requirements of the Santa Cladla Valley Water Agency. All such costs will be based on the approved Final Revised Vesting Traci Map 51644-1 and the water demand to be calculated by the Santa Clarita Valley Water Agency as pan of the SS 221 Water Supply Verification prior to Final Map recordation. Prior to issuance of building permits in those areas to be annexed into the SCV Water service area. the Project Applicant shall provide evidence to the County of payment of all facility capacity fees, connection fees, water supply costs and annexation costs, including, but not limited to, back taxes, in compliance with all of the requirements of the Santa Clarila Valley Water Agency. All such costs will be based on the approved Final Revised Vesting Tract Map 51644-1 and the water demand to be calculated by the Santa Clarila Valley Water Agency as part of the SB 221 Water Supply Verification prior to Final Map recordation. 37 Provide evidence Prior to issuance of payment of of a building connection fees to permits the monitoring agency Subdivider and Successor, and Permillee County of Los Angeles Department of Public Works Mitigation Measures Action Required Mitigation Timing Responsible Agencyl Party Monitoring Agency/ Party MM U111I-2 Prior to connection to the Los Angeles County Sanitation Districl's wastewater Provide evidence Prior to Subdivider Los Angeles system, the Project Applicant shall provide evidence of payment of the Santa of payment of connection to the and County Clarita Valley Sanitation District's Connection Fee Program. connection fees to Los Angeles Successor, Sanitation the monitoring County Sanitation and Permillee District agency District's wastewater system MM Uill-3 Throughout the duration of all construction activities requiring pumping from Provide evidence During Subdivider County of Los local groundwater wells, the Project applicant or property owner shall ensure of local construction and Angeles that an adequate volume and quality of water remains available to all individuals groundwaler well activities Successor. Department of who normally access the wells. monitoring requiring and Permitlee Public Health pumping from local groundwater wells COUNTY OF LOS ANGELES FIRE DEPARTMENT 1320 NORTH EASTERN AVENUE LOS ANGELES CALIFORNIA 90063-3294 (323) 881-2401 WWW fire Iacounty 9(rV "Proud Protectors of Life, Property, and the Environment" DARYLL OSBY FIRE CHIEF FORESTER d FIRE WARDEN May 15, 2018 Marie Pavlovic, Planner Department of Regional Planning Zoning Permits Section 320 West Temple Street Los Angeles, CA 90012 Dear Marie Pavlovic: OAK TREE PERMIT NUMBER 201000029 PROJECT NUMBER 92074 TESORO DEL VALLE PHASES B AND C, SANTA CLARITA BOARD OF SUPERVISORS HILDA L SOUS FIRST DISTRICT MARK RIDLEY-THOMAS SECOND DISTRICT SHEILA KUEHL THIRD DISTRICT JANICE HAHN FOURTH DISTRICT KATHRYN BARGER FIFTH DISTRICT We have reviewed the revision for "Request for Oak Tree Permit #201000029." The project is located in the northern portion of Santa Clarita. The Oak Tree Report is accurate and complete as to the location, size, condition and species of the Oak trees on the site. The term "Oak Tree Report" refers to the document on file by Psomas, the consulting arborist, dated March 2017. We recommend the following as conditions of approval: OAK TREE PERMIT REQUIREMENTS: 1. This grant shall not be effective until the permittee and the owner of the property Involved (if other than the permittee), have filed at the office of the Department of Regional Planning their affidavit stating that they are aware of and agree to accept all conditions of this grant. Unless otherwise apparent from the context, the term "permittee" shall include the applicant and any other person, corporation or other entity making use of this grant. 2. The permittee shall, prior to commencement of the use authorized by this grant, deposit with the County of Los Angeles Fire Department a sum of $300. Such fees shall be used to compensate the County Forester $100 per inspection to cover expenses incurred while SERVING THE UNINCORPORATED AREAS OF LOS ANGELES COUNTY AND THE CITIES OF: AGOURA HILLS BRADBURY CUDAHY HAWTHORFE LA HABRA LYNWOOO PICO RIVERA SIGNAL HILL ARTESIA CALABASAS DIAMOND BAR HIDDEN HILLS LA MIRADA MALIBU POMONA SOUTH EL MONTE AZUSA CARSON DUARTE HUNTING70H PARK LA PUENTE MAYWOOD RANCHO PALOS VERGES SOUTH GATE BALOWNPARK CERRITOS ELMONTE INDUSTRY LAKEWOOD NORWALK ROLLING HILLS TEMPLE CITY W.U. CLAREMONT GARDENA INGLEWOOD LANCASTER PALMDALE ROLLING HILLS ESTATES WALNUT BELL GARDENS COMMERCE GLENDORA 4RWINOALE LAWNOALE PALOSVEROESESTATES ROSEMEAO WESTHOLLYWOOD BELLFLOWER COVINA HAWAIIAN GARDENS LA CANADA•FUNTRIDGE LOMITA PARAMOUNT SANOIMAS WESTLAKE VILLAGE SANTA CLARITA WHITTIER Marie Pavlovic, Planner May 15, 2018 Page 2 inspecting the project to determine the permittee's compliance with the conditions of approval. The above fees provide for one (1) initial inspection prior to the commencement of construction and two (2) subsequent inspections until the conditions of approval have been met. The Director of Regional Planning and the County Forester shall retain the right to make regular and unannounced site inspections. 3. Before commencing work authorized or required by this grant, the consulting arborist shall submit a letter to the Director of Regional Planning and the County of Los Angeles Fire Department's Forestry Division stating that he or she has been retained by the permittee to perform or supervise the work, and that he or she agrees to report to the Director of Regional Planning and the County Forester, any failure to fully comply with the conditions of the grant. The arborist shall also submit a written report on permit compliance upon completion of the work required by this grant. The report shall include a diagram showing the exact number and location of all mitigation trees planted as well as planting dates. 4. The permittee shall arrange for the consulting arborist or a similarly qualified person to maintain all remaining Oak trees on the subject property that are within the zone of impact as determined by the County Forester for the life of the Oak Tree Permit or the Conditional Use Permit. 5. The permittee shall install temporary chain -link fencing, not less than four (4) feet in height, to secure the protected zone of all remaining Oak trees on site as necessary. The fencing shall be installed prior to grading or tree removal, and shall not be removed without approval of the County Forester. The term "protected zone" refers to the area extending five (5) feet beyond the drip line of the Oak tree (before pruning), or fifteen (15) feet from the trunk, whichever is greater. 6. Copies of the Oak Tree Report, Oak tree map, mitigation planting plan and conditions of approval shall be kept on the project site and available for review. All individuals associated with the project as it relates to the Oak resource shall be familiar with the Oak Tree Report, Oak tree map, mitigation planting plan and conditions of approval. PERMITTED OAK TREE REMOVAL AND ENCROACHMENT: 7. This grant allows the removal of eleven (11) trees of the Oak genus (Quercus agrifolia) identified as Tree Numbers 705, 812, 813, 814, 815, 816, 817, 818, 819, 820, and 822 on the applicant's site plan and Oak Tree Report. This grant allows encroachment within the protected zone of one (1) tree of the Oak genus identified as Tree Number 811on the applicant's site plan and Oak Tree Report. Trenching, excavation, or clearance of vegetation within the protected zone of an Oak tree shall be accomplished by the use of hand tools or small hand-held power tools. Any major roots encountered shall be conserved and treated as recommended by the consulting arborist. 8. In addition to the work expressly allowed by this permit, remedial pruning intended to ensure the continued health of a protected Oak tree or to improve its appearance or structure may be performed. Such pruning shall include the removal of deadwood and stubs and medium pruning of branches two -inches in diameter or less in accordance with Marie Pavlovic, Planner May 15, 2018 Page 3 the guidelines published by the National Arborist Association. Copies of these guidelines are available from the County of Los Angeles Fire Department, Forestry Division. In no case shall more than 20% of the tree canopy of any one tree be removed. 9. Except as otherwise expressly authorized by this grant, the remaining Oak trees shall be maintained in accordance with the principles set forth in the publication, "Oak Trees: Care and Maintenance," prepared by the County of Los Angeles Fire Department, Forestry Division. A copy of the publication is enclosed with these conditions. MITIGATION TREES: 10. The permittee shall provide mitigation trees of the Oak genus at a rate of two to one (2:1) for any tree specified above, that dies as a result of the approved encroachments. In addition, any tree that reaches ordinance size during the life of the project be included in this permit and subject to these conditions of approval. 11. Each mitigation tree shall be at least a 15-gallon specimen in size and measure one (1) inch or more in diameter one (1) foot above the base. Free form trees with multiple stems are permissible provided the combined diameter of the two (2) largest stems of such trees shall measure a minimum of one (1) inch in diameter one (1) foot above the base. 12. Mitigation trees shall consist of indigenous varieties of Quercus a rifolia grown from a local seed source. 13. Mitigation trees shall be planted within one (1) year of the permitted Oak tree removals. Mitigation trees shall be planted either on site or at an off -site location approved by the County Forester. Alternatively, a contribution to the County of Los Angeles Oak Forest Special Fund may be made in the amount equivalent to the Oak resource loss. The contribution shall be calculated by the consulting arborist and approved by the County Forester according to the most current edition of the International Society of Arboriculture's "Guide for Plant Appraisal." 14. The permittee shall properly maintain each mitigation tree and shall replace any tree failing to survive due to a lack of proper care and maintenance with a tree meeting the specifications set forth above. The two-year maintenance period will begin upon receipt of a letter from the permittee or consulting arbodst to the Director of Regional Planning and the County Forester, indicating that the mitigation trees have been planted. The maintenance period of the trees failing to survive two (2) years will start anew with the new replacement trees. Subsequently, additional monitoring fees shall be required. 15. All mitigation Oak trees planted as a condition of this permit shall be protected in perpetuity by the Los Angeles County Oak Tree Ordinance once they have survived the required maintenance period. Marie Pavlovic, Planner May 15, 2018 Page 4 NON -PERMITTED ACTIONS AND VIOLATIONS: 16. Encroachment within the protected zone of any additional tree of the Oak genus on the project site is prohibited. 17. Should encroachment within the protected zone of any additional tree of the Oak genus on the project site not permitted by this grant result in its injury or death within two (2) years, the permittee shall be required to make a contribution to the Los Angeles County Oak Forest Special Fund in the amount equivalent to the Oak resource damage/loss. Said contribution shall be calculated by the consulting arborist and approved by the County Forester according to the most current edition of the International Society of Arboriculture's "Guide for Plant Appraisal." 18. No planting or irrigation system shall be installed within the drip line of any Oak tree that will be retained. 19. Utility trenches shall not be routed within the protected zone of an Oak tree unless the serving utility requires such locations. 20. Equipment, materials and vehicles shall not be stored, parked, or operated within the protected zone of any Oak tree. No temporary structures shall be placed within the protected zone of any Oak tree. 21. Violations of the conditions of this grant shall result in immediate work stoppage or in a notice of correction depending on the nature of the violation. A time frame within which deficiencies must be corrected will be indicated on the notice of correction, 22. Should any future inspection disclose that the subject property is being used in violation of any one of the conditions of this grant, the permittee shall be held financially responsible and shall reimburse the County of Los Angeles Fire Department, Forestry Division, for all enforcement efforts necessary to bring the subject property into compliance. To schedule a County Forester inspection, please contact the Environmental Review Unit at (818) 890-5719. If you have any additional questions, please contact this office at (818) 890-5758. Very truly yours, RON M. DURBIN, ACTING ASSISTANT CHIEF, FORESTRY DIVISION PREVENTION SERVICES BUREAU RD JI Enclosure Marie Pavlovic, Planner May 15, 2018 Page 5 This Oak Tree Care and Maintenance Guide offers basic information and practical guidelines aimed at the preservation and continued health and survival of oak trees in the residential landscape. Increasing pressure for development is changing the oak woodland of Los Angeles County. Heritage oaks which once survived in open rolling hills are now being preserved or replanted and incorporated into the community. How do we protect these trees during the planning and development process, and ensure their survival once they are in the home garden? The Oak Tree Oak Trees in the residential landscape often suffer decline and early death due to conditions that are easily preventable. Damage can often take years to become evident, and by the time the trees show obvious signs of disease it is usually too late to help. mproer sting, especially dunng the h su r months, and disturbance to 'tical root areas are most oft the causes. This booklet will provide guidelines on where these critical areas lie and ways to avoid disturbing them, as well as Information on long-term care and maintenance of both natural and planted oaks. Lists of additional resources for more information and demonstration areas to visit are also included. County of Los Angeles Fire Oepartment P10-15 The Oak Tree Ordinance The Los Angeles County Oak Tree Ordinance has been established to recognize oak trees as significant historical, aesthetic, and ecological resources. The goal of the ordinance Is to create favorable conditions for the preservation and propagation of this unique and threatened plant heritage. By making this part of the development process, healthy oak trees will be preserved and maintained. The Los Angeles County Oak Tree Ordinance applies to all unincorporated areas of the County. Individual cities may have their own ordinances, and their requirements may be different. Permit Requirements: Under the Los Angeles County Ordinance, a person shall not cut, destroy, remove, relocate, inflict damage, or encroach into the profecled zone (see text) of any ordinance sized tree of the oak tree genus without first obtaining a permit. Damage includes but Is not limited to: • Buming • Application of toxic substances • Pruning or cutting • Trenching • Excavating • Paving • Operation of machinery or • equipment • Changing the natural grade Chapter 22.56.2050: Oak Tree Permit Regulations, Los Angeles County, Adopted: August 20. 1982. Amended: September 13, 1988. For more information about the County Oak Tree Ordinance, visit the Forestry Division's website at: http:lhvww.fire.lacounty.gov Or contact: Department of Regional Planning 320 W. Temple Street, 13th floor Los Angeles, CA 90012-3284 (213) 974-6411 TDD: (213) 617-2292 httP:11DIannIn-q.co.Ia.ca.us Types of oaks commonly found in Los Angeles County: Marty kinds of oak trees are native to Los Angeles County. A few of the more common ones are shown below, but all oak trees are covered by the Oak Tree Ordinance. Older oaks which have thrived under the natural rainfall pattems of dry summers and wet winters often can't handle the extra water of a garden setting. These trees must be treated with special care if they are to survive. Those oaks that have been planted into the landscape or sprouted naturally tend to be more tolerant of watered landscapes. These vigorous young trees may grow 1 Y2 to 4 feet a year in height under good conditions. Once established these trees would benefit from the same special care outlined in this guide. Y01�- t LOONY& ' LAR&E D&GDUC%TFa 60-75' 141M HoADW SMEADIN& 50 =4o' WIDE. f LEAVES - DEEP 6REeN 5 - LONG r PM ER •Ll MV.7UM NIM OAP Ro NDW Lodes oN 7NIr tFAP EME. 7WDS,'M FAVOR VALLEY WITOMS I FORTHIS REASON THE NDSCAPE MPDKW7MPeRIL, ICI� RLY BY A&WXL AE X4 UMAN DI-rELOPMEt4T. coat Uri Oak-- dumus AurAFOUA LAR4L EVEMRESA 7M WFN A SW ACID LAF UMB . 30'-701HI"r 351-S0* W1DE.�� LEAVES � L.LOKY ��! t =3� LONC, zPtNY, I�0[1NDED, AND HOLLY•LiVe , W Dr511HCTLY CU7pEp aft aW4Z-D t11VM AT TH& ED GS. LOW.- UVC 0*--- r fiuma s Wleoul-Dill EvwjzeEA 7xm so- 7e' HIGH cy. A sHitua a'- lo' Hlr ai IN CHAPARRAL.- Arrr;AS. HA5 A FULL., m-Ns& RDUNDE-p 514AFE, N X BROAD -0 Wrn4 LARbE UAA" Urz-A COAST LIVE OAK. JI Y TFAD 70 6 foW IN GLUMpS RATRM -IMW As A 5IN&LE TItEr--. WhVE5I DARK69MM,1=4''1.09&- EW EIiHE1ZS C* SPINY, WALWAYS FLAr— PIoTCUftt W UNDtEIE. 011121:16 COMMON CA": eALIPORNIA OLKX OAK. I aveRCUs IGGLr.of6.l CANYON LIVEOAIr_+ 41JaRCUS cHMOLSP15 :NG6LMANN OAK. s oUeNWS litir.eLMARNH Oak Trees: Care and Maintenance Page 2 THE PROTECTED ZONE The protected zone defines the area most critical to the health and continued survival of an oak tree. Oaks are easily damaged and very sensitive to disturbances that occur to the tree or in the surrounding environment. The root system is extensive but surprisingly shallow, sometimes radiating out as much as 50 feet beyond the spread of the tree leaves, or canopy. The ground area at the outside edge of the canopy, referred to as the dripline, is especially important: the tree obtains most of its surface water and nutrients here, and conducts an important exchange of air and other gases. The protected zone is defined in the Oak Tree Ordinance as follows: "The Protected Zone shall mean that area within the dripline of an oak tree and extending there from to a point at least 5 feet outside the dripline or 15 feet from the trunk, whichever distance is greater." AAKTIZEES DEFEND ON CAITICAL Sow- eRm W 6M AIR # WATMR AS WELL AS Ord DEEP UNDEKGROUMP SOURC-9 F90TEG T&D ZoN6- &A.Naply NIDTli, OIL SFPEA D f L9AVES La1f PFF4KINI= 5f 6FY090 PIMPLINE PZMSCM EK7ENP J;0' BEYOND 7HE DRIPLINE. 158 rr r� Irs, MINIMUM )41141 tUM Oak Trees: Care and Maintenance Page 3 CONSTRUCTION ACTIVITY WITHIN THE PROTECTED ZONE Changes in Grade Any change in the level of soil around an flak tree can have a negative impact. The most critical area lies within 6' to 10' of the trunk: no soil should be added or scraped away. Water should drain away from this area and not be allowed to pond so that soil remains wet at the base. Retaining walls designed to hold back soil above or below an existing tree should avoided if at all possible, especially within the protected zone. These types of structures cause critical areas at the dripfne to be buried, or require that major roots be severed. Water trapped at the base of the tree could lead to root rot or other impacts, and to the decline and premature death of a highly valued landscape tree. Construction activities outside the protected zone can have damaging impacts on existing trees. Underground water sources can be cut off due to falling water tables, or drainage may be disrupted P 40M -merest TREaAQUIRG Trenching Digging of trenches in the root zone should be avoided. Roots may be cut or severely damaged, and the tree can be killed. If trenches must be placed within the protected zone, utilities can be placed in a conduit, which has been bored through the soil, reducing damage to the roots. Insist that as many utilities as allowed be placed in a single trench, instead of the common practice of digging a separate trench for each individual line. Trenching can also be accomplished using hand tools or small hand held power equipment to avoid cutting roots. Any roots exposed during this work should be covered with wet burlap and kept moist until the soil can be replaced. INSIDE TTHHNE 7Rarut, KAM UPOW 6AN M uoR Oak Trees: Care and Maintenance Page 4 Soil Compaction and Paving The roots depend upon an important exchange of both water and air through the soil within the protected zone. Any kind of activity that compacts the soil in this area blocks this exchange and can have serious long-term negative effects on the tree. If paving material must be used, some recommended surfaces include brick paving with sand joints, or ground coverings such as wood chips (note the advantages of natural materials for providing nutrients under mulching). som GoMpAGTIoN lM AW.wA WATW AM WA1A1 GM TH OMA in t:.a IMTAERO" r f-1 HWEV*r IF —ME SOIL EiA► bin eampacrpn IMIS MAINTENANCE Watering The key is prevention — do not over water. Improper watering is often overlooked as the cause of tree death because it can take years for the damage to show. Once the tree shows obvious signs of decline, it is often too late to correct the problem. The seasonal weather pattern for this region is one of dry summers and winter rain. Oak trees are naturally drought tolerant and adapted to this cycle. If the tree is vigorous and thriving it should not require any additional water. If the natural source of surface or underground water has been altered, some supplemental water may be necessary, but proceed with caution. The goal of any watering schedule for oak trees should be to supplement natural rainfall and it should occur only when the tree would normally receive moisture. This might be in the winter, if rains are unusually late, or in spring if rainfall has been below normal levels. Over watering, especially during the summer months, causes a number of problems which can lead to decline and eventual death of the tree. It creates ideal conditions for attacks of Oak Root Fungus by allowing the fungus to breed all year. In addition, both evergreen and deciduous oaks grow vigorously in the spring and naturally go dormant In the summer. Extra water only encourages new tip growth which is subject to mildew. Oaks need this period of rest. Newly planted oaks may need supplemental watering during their first few summers. After they become established water should be applied according to the previous guidelines. Pruning For oak trees the periodic removal of dead wood during periods of tree dormancy should be the only pruning needed. Any cutting of green wood opens scars that could allow the entry of organisms or disease. Before pruning obtain the advice of a certified arborist or other professional and consult the local city or county where the tree is located to find out what regulations apply. Pruning of both live and dead wood can sometimes require a permit. Mulching Leaf litter from the tree is the best mulch and should be allowed to remain on the ground within the protected zone. Crushed walnut shells or wood chips can be used, but the oak leaves that drop naturally provide the tree with a source of nutrients. Avoid the use of packaged or commercial oak leaf mulch which could contain Oak Root Fungus. Redwood chips should not be used due to certain chemicals present in the wood. �sto�WTMA' 9A0I.tw1TA•HYE 'MK�AND9WE L KrEaALaWRePDlp ATSK E b=lo' A 04HIMUM or- t,-to' IVmD THE TR " OF T07M SMUI.D ALWAYS BE LEFT CLW two PFq- Oak Trees: Care and Maintenance Page 5 Disease and Pests Trees that are stressed, especially because of improper watering practices, are prone to certain diseases and attacks by pests. The most damaging of these diseases is the Oak Root Fungus Armillaria mellea. Occurring naturally in the soil, the fungus thrives under wet conditions and dies back in the summer when soils dry out. This is why summer watering of oaks can be a deadly practice. As noted in the watering guidelines, wet soil in the summer allows the fungus to grow all year. As the population grows, their natural food sources are depleted and they begin feeding on oak tree roots. The fungus does not require an open wound in the tree to gain entry. Indications of the fungus include: • die back of branches or tips. • honey colored fungus at or near the root crown. • white fan -like fungus between wood and bark. • the presence of black, shoestring -like growths in the soil. Once the tree begins to show obvious signs of infection treatment is generally ineffective. The best treatment is to avoid the conditions that lead to Oak Root Fungus infections. Pit Scale, Oak Moth, and other pests: any significant changes in leaf color, branch die back, presence of black sooty materials on leaves or other changes should be noted. Seek the advice of a professional forester, arborist, farm advisor or other expert before the application of any pesticides on an oak tree. Planting Underneath Oaks The natural leaf litter is by far the best ground cover within the protected zone. If plants must be placed, the following guidelines should be followed: There should be no planting within a minimum 6 to 10 feet of the trunk Avoid plants that require any supplemental water once established Choose plants suited for "dry shade.' Those listed in the box below offer some good choices. To see some examples of how these plants have been used under oaks refer to the Additional Resources section on the following page. PLANTS TO CONSIDER: Plant Name Arclostaphylos densitlora 'Howard McMinn' Manzanila Arctostaphyios edmundsii Little Sur Manzanita Description Y high, 6' wide. Toughest of available forms Whitish -pink flowers. 1-Thigh, 4-5' wide. Tolerant of full shade. Arctostaphylos hooked 1-Thigh, spreading to 12' wide by rooting Monterey Carpet Manzanita branches. White to pink flowers. Ceanothus grissus horizontalis Less than 2 112' tall, low & creeping. Carmel Creeper Clusters of small blue flowers. Heuchera spp. 24 mound. Flowers on an upright stem 2-3- Coral Bells high and spotted with red or pink. Mahonia aquifolium compacta 24 high, spreading by underground roots Oregon Grape Bright yellow flower clusters. Ribes vibumifolium 2-3' high, spreading to 12' wide. Flowers Evergreen or Catalina Currant pink to red in small clusters. NOTES: Before deciding on plants, check a source such as the Sunset Western Garden Book to determine which plants will grow in your area. When choosing shade tolerant plants; consider that the ground under the south side of the tree will get more sunlight while the northern side will tend to remain more deeply shaded. Oak Trees: Care and Maintenance Page 6 ADDITIONAL RESOURCES and Places to Visit Public Agencies County of Los Angeles Fire Department Prevention Bureau, Forestry Division 5823 Rickenbacker Road, Rm #123 Commerce, CA 90040-3027 (323) 8904330 http.lhvww.fire.lacounty.gov/forestry Wersity. of Califonla Woodland Conservation Workgroup htip:llucanr.edulsitesloak range! Private Organizations The Theodore Payne Foundation 10459 Tuxford Street Sun Valley, CA 91352-2126 (8i8) 768-1802 www-theodorepayne.org California Native Plant Society 2707 K Street, Suite 1 Sacramento, CA 95816-5113 (916)447-2677 www.cnos.org California Oaks 428 13th. Street, Suite 10A Oakland, CA 94612 (510) 763-0282 toM,califomiaoaks.oro Publications Arboretums and Botanic Gardens Los Angeles County Arboreta and Botanic Gardens 301 N. Baldwin Ave. Arcadia, CA 91007-2697 (626) 821.3222 www.arboretum.ora Los Angeles County South Coast Botanic Garden 26300 Crenshaw Blvd. Palos Verdes Peninsula, CA 90274-2515 (310)544-1948 h ni . r Los Angeles County Descanso Gardens 1418 Descanso Drive La Canada-Flintridge, CA 91011-3102 (818) 949-4200 www.descansooardens.oro Rancho Santa Ana Botanic Garden 1500 North College Claremont. CA 91711-3157 (909)625-8767 w . 94g - The Lummis Home 200 E. Avenue 43 Los Angeles, CA 90031-1304 (818) 243-6488 For a list of publications both free and for purchase checkout the University of California Oak Woodland Conservation Workgroup at http:llucanr.edulsitesloak range! Golds otted Oak Boner integrated Pest Management for Land Managers and LandscgipeProfessionals University of California Statewide Integrated Pest Management Program. January 2013. Oak Trees: Care and Maintenance Page 7 County of Los Angeles Fire Department Forestry Division County of Los Angeles Board of Supervisors Hilda L. Solis, First District Mark Ridley Thomas, Second District Sheila Kuehl, Third District Janice Hahn, Fourth District Kathryn Barger, Fifth District County of Los Angeles Fire Department Daryl L. Osby, Fire Chief Brush Clearance Unit 605 N. Angeleno Avenue Azusa, CA 91702-2904 (626) 969-2375 Camp 17 6555 Stephens Ranch Road La Verne, CA 91750-1144 (909) 593-7147 Environmental Review Unit 12605 Osborne Street Pacoima, CA 91331-2129 (818) 890-5719 Fire Plan/Interpretive Unit 12605 Osborne Street Pacoima, CA 91331-2129 (818) 890-5783 Fuel Modification Unit 605 N. Angeleno Avenue Azusa, CA 91702-2904 (626) 969-5205 Henninger Flats Forestry Unit 2260 Pinecrest Drive Altadena, CA 9 1001 -2123 (626) 794-0675 Lake Hughes Forestry Unit 42150 N. Lake Hughes Road Lake Hughes, CA 93532-9706 (661) 724-1810 Malibu Forestry Unit 942 N. Las Virgenes Road Calabasas, CA 91302-2137 (818) 222-1108 San Dimas Forestry Unit 1910 N. Sycamore Canyon Road San Dimas, CA 91773-1220 (909) 599-4615 Saugus Forestry Unit 28760 N. Bouquet Canyon Road Saugus, CA 91390-1220 (661) 296-8558 Vegetation Management Unit 12605 Osborne Street Pacoima, CA 91331-2129 (818) 890-5720 www. fi re.lacoun ty.gov i �------------------^- � fYA_ -A- i INSET "A" r' I • TT R • ptugmglckaKftt RETAINING WALL EXHIBIT (04-25.2R18) FINDINGS OF THE REGIONAL PLANNING COMMISSION AND ORDER COUNTY OF LOS ANGELES PROJECT NO.92074 - (5) VESTING TENTATIVE TRACT MAP NO.51644-1 1. The Los Angeles County ("County") Regional Planning Commission ("Commission") held a duly -noticed public hearing on June 27, 2018, August 1, 2018, and November 7, 2018 in the matter of Revised Vesting Tentative Tract Map No. TR51644-1 ("Revised Vesting Map"). The Vesting Map was heard concurrently with Conditional Use Permit No. 200600210 ("CUP"), Discretionary Housing Permit No. 2016001958 ("Housing Permit"), and Discretionary Oak Tree Permit No. 201000029 ("Oak Tree Permit"). 2. Unless otherwise apparent from the context, subdivider or successor in interest ("subdivider") shall include the applicant, owner of the property, and any other person, corporation, or other entity making use of this grant. 3. BLC Tesoro LLC ("subdivider"), requests a Revised Vesting Map to subdivide 1,274.6 gross acres into 811 lots: 696 single-family residence lots; nine multi -family residence lots developed with 124 detached condominium units; 15 debris basin lots; 12 water quality basin lots; three water tank lots; one helipad lot; five senior recreation area lots; one senior recreation center lot; six linear park lots; nine private park lots; one private recreation center lot; 29 open space lots; and 24 private driveway/private and future street lots for a total of 820 residential dwelling units as well as other land use entitlements. 4. The Project is located east of Interstate 5 Freeway (1-5") within the eastern portion of the Santa Clarita Valley, adjacent to the City of Santa Clarita. The project site is adjacent to, and northwesterly of, the mostly constructed Phase A of the Tesoro del Valle development, just north of Avenida Rancho Tesoro and west of Casa Luna Place. The Angeles National Forest is approximately 3,000 feet north of the northernmost project boundary, and Castaic Lake is approximately two miles to the northwest. 5. The Subdivider requests a related Large Lot Parcel Map to subdivide the 1,274.6 acre - site into 18 "large parcels" for lease, finance, and conveyance purposes only. 6. The CUP is a related request to establish a density -controlled development ("DCD") in the Hillside Management Area ("HMA") and Significant Ecological Area ("SEA") and includes on -site grading exceeding 100,000 cubic yards in Zone A-2 (Heavy Agricultural) and Zone RPD (Residential Planned Development) pursuant to Los Angeles County Code ("County Code") sections 22.24.150, 22.20.460, and 22.56.215. 7. The Housing Permit is a related request to receive a 21.2% density bonus in return for a senior citizen housing set -aside of 365 units. cc o+apY PROJECT NO. 92074-(5) FINDINGS VESTING TENTATIVE TRACT MAP NO. TR51644-1 PAGE 2 OF 15 8. The OTP is a related request to authorize the removal of 11 oak trees and encroach into the protected zone of one oak tree. 9. The Project site is 1,274.6 gross acres in size and consists of 54 lots. The Project site has four water tanks on two graded pads; but, is otherwise undeveloped. The Project site is located within an HMA and consists of moderately steep to steep terrain in the central, western, and northern portions of the property, leveling off towards the east along the bottom of San Francisquito Creek. The SEA 20 (Santa Clara River), formerly identified as SEA 19 (San Francisquito Creek), crosses the most northwesterly portion of the Project site within Area C. The proposed development is located outside of this SEA. 10. The Project was filed prior to the adoption of the "One Valley, One Vision" Santa Clarita Valley Area Plan in 2012, therefore, the Project is subject to the goals, policies, and land use categories of the 1990 SCVAP. The Project Site is located in the Castaic Canyon Zoned District and is currently zoned R-1 (Single -Family Residence - 5,000 square feet minimum lot size), A-2-2 (Heavy Agricultural - 2 acre minimum lot size), and RPD-20,000-2.8U (Residential Planned Development - 20,000 square feet minimum lot size - 2.8 dwelling units per acre). However, the applicable zoning is A-2-2 (Heavy Agricultural -- 2 acre minimum lot size), and RPD-20,000-2.8U (Residential Planned Development - 20,000 square feet minimum lot size - 2.8 dwelling units per acre). 11.The applicable land use categories are N-1 (Non -Urban - 1dul2ac), (Urban - 1.1 to 3.3 dulac), W (Floodplain Management Areas) which generally prohibits development, and HM (Hillside Management) which consists of slopes greater than 25% and typically limits density to 0.5 residential units per acre for slopes less than 50% in grade and 0.05 dwelling units per acre for slopes with grades of 50% or more. 12. Surrounding Zoning within a 500-foot radius includes: North: A-2 (Heavy-Agricultural-10,000 square feet minimum lot size) South: R-1 (Single-family residence--5,000 square feet minimum lot size), O-S (Open Space) East: A-2 (Heavy-Agricultural-10,000 square feet minimum lot size), RPD- 20,000-2.8U (Residential Planned Development - 20,000 square feet minimum lot size--2.8 du.ac), RPD-12,000-3.7U (Residential Planned Development-1 2,000 square feet minimum lot size-3.7 dulac), R-3-24U-DP (Limited Multiple Residence-24 dulac-Development Program), and R-1 (Single -Family Residence) West: A-2-5 (Heavy -Agricultural - 5 acre minimum lot size) 13.Surrounding land uses within a 500-foot radius include: North: vacant land South: single-family residences, Tesoro Adobe Historic Park East: vacant land, single-family residences PROJECT NO. 92074-(5) FINDINGS VESTING TENTATIVE TRACT MAP NO. TR51644-1 PAGE 3 OF 15 West: vacant land 14. The Tesoro del Valle development ("VTTM 51644") was approved in 1999 for the buildout of a total of 1,791 dwelling units in four Areas (A, B, C, D), approximately 6.2 acres of commercial use (40,000 square feet), 61.8 acres of active parks, a 13.9-acre recreation center, an elementary school site, a National Register of Historic Places site (Tesoro Adobe Historic Park), bicyclelhiking, equestrian trails throughout the original 1,795-acre site, a fire station site, water quality/retention basins, water tank sites, equestrian rest areas, and permanent open space. A revised Mitigation Monitoring Plan and Findings of Fact and Statement of Overriding Considerations that reflect the redesign were also adopted as revised in May 1999. From May 1999 through 2004, the County of Los Angeles Department of Regional Planning ("Regional Planning") approved various amendments to VTTM 51644 with respect to Area A. An amended map was approved in August 2002 authorizing relocation of units within the multi -family residence lots, water tank redesign, and grading changes. A subsequent amended map was approved in March 2003 authorizing imposition of mitigation trees for the removal of dead heritage oak trees performed under County Forester supervision, reconfiguration of lots, expanded square footage of the commercial site to 75,000 square feet, and modified grading in connection with 7 retaining walls exceeding 6' in height. A third amended map was approved in August 2003 authorizing a reduction of multi -family units and minor changes to open space configuration grading. The final recorded map for Phase A was approved on July 21, 2004. Build -out of Phase A was completed in 2006, in accordance with the final recorded map, unit map 11. 15. The Revised Vesting Map dated December 12, 2017 depicts 811 lots: 696 single- family residence lots; nine mufti -family residence lots developed with 124 detached condominium units; 15 debris basin lots; 12 water quality basin lots; three water tank lots; one helipad lot; five senior recreation area lots; one senior recreation center lot; six linear park lots; nine private park lots; one private recreation center lot; 29 open space lots; and 24 private driveway/private and future street lots on 1,274.6 acres. The development would be served by a main public loop road that is provided by extending the existing Avenida Rancho Tesoro Road and Casa Luna Road. All 365 senior citizen housing units are proposed to be located south of the loop road and to be served by two gated access points. The 346 dwelling units located north of the loop road will be served by three gated access points while the 109 single-family lots located east of the Avenida Rancho Tesoro extension will have unrestricted access. The Exhibit "Am/Exhibit Map dated December 12, 2017 depicts a total of 811 lots and 124 detached condominium dwelling units in two locations south of the loop road, along with access, grading, drainage, infrastructure, and other open space, recreational, and public facility uses. 16.The Project will provide a senior citizen housing set -aside of 365 dwelling units (241 single-family residence lots and nine multi -family residence lots developed with 124 PROJECT NO, 92074-(5) FINDINGS VESTING TENTATIVE TRACT MAP NO. TR51644-1 PAGE 4 OF 15 detached senior citizen housing condominium dwelling units). The senior citizen housing units are located in the southwestern portion of the Project site and extend between the Casa Luna Place extension to C Street. Hillsides separate the senior citizen housing units from other, single-family residence lots. Senior citizen housing unit amenities include one private recreation center and the five private recreation areas, divided among the two senior citizen housing single- and multi -family residence lots. 17.The applicant has proposed a voluntary monetary contribution to CDC for the development of affordable housing within the fifth supervisorial district to support local efforts to develop affordable housing. 18. The Project will comply with all parking requirements. 19.The Project Site is accessible via Avenida Rancho Tesoro (eastern access) and Tesoro Del Valle Drive (western access) from Copper Hill Drive. 20.The proposed internal circulation systems consists of extending and connecting Tesoro Del Valle Drive and Casa Luna Place, that connects to Avenida Rancho Tesoro, to form a public loop road providing two points of access. Internal streets are designed to branch off of the loop road. Seven private and future streets are designed to branch off of the loop road at various locations providing access to development located south of road, and three private and future streets branch off to the north of the loop road providing access to the estate lots. Access to units south and north of the loop road will be gated, five gates total, while access to units west of the Avenida Rancho Tesoro extension will be un-restricted. The loop road will also provide direct access to the extension of Reyes Adobe Way, which will be a public street. Street B provides access to the senior condominium developments with each development utilizing a private driveway and fire lane system for internal access. Additionally, an off -site easement along the project's western boundary would provide future emergency access to the proposed adjacent residential community. 21.The applicant began community outreach efforts in 2015 starting with the Tesoro Homeowners Association ("HOA") Land Use Committee on March 5, 2015. Since then, the applicant has met with residents, individuals, interest groups, town councils, a public agency, and other various parties as provided in the table below: Party Date Tesoro HOA Land Use Committee 03105/15, 12/13/16, & Monthly Thereafter Tesoro Phase A Residents 03/25/15, 12/17/15, 01/14/16, 10/18/16, 05/25/17, 03/01 /18 Laurie Swingle Tesoro Resident 02/27/18 Andrew Daymude (HOA Consultant) and Tim Collins HOA Board Member 09/13/17 San Francis uito Canyon Residents 10/18/16, 02/22/18 West Creek/West Hills HOA 10/19116, 12/10/15 PROJECT NO. 92074.(S) FINDINGS VESTING TENTATIVE TRACT MAP NO. TR51644-1 PAGE 5 OF 15 West Ranch Town Council 101 I al10, 12/10/13 Castaic Area Town Council 01/19/17 Santa Clarita Valley Trail Users 11/01/16, 03/01/18 Tesoro Elementary School 05/23/17, 04/24/18 Rio Norte Junior High School 05/23/17. 04/24/18 Henry Mayo Newhall Hospital Foundation 03/15/18 Tataviam Band of Mission Indians 07/13/17 City of Santa Clarita 07/09/14, 10/29/14, 11/18114, 3118/15, 06/17/15, 10/04/17, 03/30/18 Santa Clarita Valley City Council 12/1715, 01/26116, 2/17/16, 10/06/16, 02/22/18 Santa Clarita Valley Chamber of Commerce 10/06/16, 03/15/18 Golden state Gateway Coalition 10111/16, 03/01/18 Valley Industry Association 04/04/17 Santa Clarita Valley Economic 10/18/16, 03/01/18 Development Corporation Southland Regional Association o€ Realtors < 03130/18, 06/08118 12/11/14 12/17/15 04/24/18 Saugus School District Tesoro School PTA Board Tesoro Elementary School 22.A draft Supplemental Environmental Impact Report ("DSEIR") was prepared, which evaluated the potential project -specific and cumulative environmental Impacts of the Project. The DSEIR was published on February 27, 2018 and comment period closed on April 12, 2018. The mitigation measures necessary to ensure the Project will not have a significant effect on the environment are contained in the Mitigation Monitoring and Reporting Program ("MMRP") prepared for the Project. After the close of the comment period for the DSEIR, a final Supplement Environmental Impact Report ("final SEIR") was prepared in accordance with section 15089 and 15132 of the California Environmental Quality Act ("CEQA") Guidelines, which include contents: public comments and response to comments, MMRP and Statement of Overriding Considerations ("SOC") and Findings of Fact. The following environmental factors were addressed in the final SEIR: aesthetics; ag ricultu relfo rest resources; air quality; biological resources; cultural and paleontological resources; energy; greenhouse gases; geology and soils; hazards including fire and hazardous materials; hydrology and water quality; land use and planning; mineral resources; noise; population and housing; public services Including law enforcement and fire protection; recreation; transportation/traffic; tribal cultural resources; utilities and service systems including water supply, wastewater/sewage disposal, and solid waste. Significant and unavoidable impacts identified in the final EIR after implementation of the required project design features and/or mitigation measures as enforced by the PROJECT NO. 92074-(5) FINDINGS VESTING TENTATIVE TRACT MAP NO. TR51644-1 PAGE 6 OF 95 Project's MMRP related to seven transportation/traffic and aesthetics. With respect to transportation/traffic, the Project would result in significant and unavoidable impacts at the following intersections: • The Old Road and 1-5 southbound ramps. Existing With Project (PM peak hour) and Future Cumulative With Project (AM and PM peak hours) • The Old Road and Rye Canyon Road. Future Cumulative With Project (PM peak hour) • The Old Road and Magic Mountain Parkway, Future Cumulative With Project (PM peak hour) • 1-5 southbound ramps and Magic Mountain Parkway. Future Cumulative With Project (AM and PM peak hours). • Copper Hill Drive and Decoro Drive. Future Cumulative With Project (AM and PM peak hours) • Tesoro Del Valle -Rio Norte Drive/Copper Hill Drive. Existing With Project and Future Cumulative With Project (AM and PM peak hours) • Rye Canyon Road/Copper Hill Drive and Newhall Ranch Road. Future Cumulative With Project (PM peak hour). Four transportation/traffic mitigation measures and project design features were required to mitigate noise impacts to the greatest extent feasible. Intersection improvements are required at The Old Rd and €-5 SB Ramps consisting of widening of all intersection approaches and lane additions. Intersection improvements are required at The Old Rd and Rye Canyon Rd consisting of the widening roads, lane additions, and installation of a traffic signal. Intersection improvements are required at McBean Pkwy and Copper Hill Dr. consisting of modifying eastbound and westbound approaches on Copper Hill Dr., land additions, and widening of the Copperhill Bridge, and restriping of intersection approach. The other intersections are completely built out and there are no feasible measures available to mitigate peak traffic impacts. The applicant is required to pay its pro rata share of the cost for improvements and/or Valencia Bridge and Thoroughfare District. With respect to aesthetics, the Project would result in a reduction of grading footprint, however the alterations to the ridgeline as shown in Viewpoints 4 (view from Avenida Rancho Tesoro, south of Tesoro Del Valle Drive, looking northwest at the Project site); 6 (view from the intersection of Copper Hill Drive and McBean Parkway looking northwest at the Project site); 7 (view from San Francisquito Canyon Road, near 28636 San Francisquito Canyon Road, looking west at the Project site), and 8 (view from near intersection of San Francisquito Canyon Road and Lowridge Place, looking west at the Project site) would continue to result in significant and unavoidable impacts to the aesthetic/visual character of the Project site and there are no feasible measures to mitigate the impacts. A Statement of Overriding Considerations is required to allow the approval of the Project in light of the above -identified remaining significant and unavoidable impacts. The Commission finds, as set forth in the prepared CEQA Findings and SOC, which PROJECT NO. 92074-(S) FINDINGS VESTING TENTATIVE TRACT MAP NO. TR51644-1 PAGE 7 OF 15 was adopted by the Commission after the close of its August 1, 2018 public hearing, that the benefits and value of the Project outweigh the remaining significant impacts of the Project after all feasible mitigation has been implemented. The benefits of the Project include, but are not limited to, permanent preservation of approximately 881 acres of the site as natural open space including the SEA within the northeastern portion of the project site, permanent protection of natural terrain and biotic resources through Project conditions and on -site deed restrictions, provision of a 2.1-acre site for a helistop, a 1.7 mile extension of an existing public trail (Cliffie Stone Trail) and provision of easements for an additional 3.5 miles of public trails connecting to the existing regional trail system, provision of senior citizen housing set -aside of 365 dwelling units. These, and other project design features beyond those that are required, which are more fully described in the CEQA Findings and SOC, provide benefits supporting the determination that the benefits of the Project outweigh the Project's remaining significant and unavoidable impacts. 23.The DSEIR was circulated to numerous other agencies from February 27, 2018 to April 12, 2018. This was done through the State Clearinghouse, as well as Individual agency consultations. Responses were received from the Federal Emergency Water Agency ("FEMA"), California Department of Fish and Wildlife ("CDFW"), the California Department of Transportation ("Caltrans"), South Coast Air Quality Management District ("SC, AQMD"), Local Agency Formation Commission ("LAFCO"), Santa Cladta Valley Water Agency ("SCVWW), City of Santa Clarita, Santa Monica Mountains Conservancy ("SMMC"), and the Femandeno Tatavium Band of Mission Indians. The final SEIR responds to all comments received during this period. 24.The Subdivision Committee comprised of County Departments cleared the Vesting Tentative Tract Map dated December 12, 2017 for public hearing. The County Department of Public Works ("Public Works") recommends approval of this Project and has recommended conditions of approval, which are included in the Project's conditions. The County Fire Department ("Fire Department") recommends approval of this Project because the Project will provide adequate fire access, water flow, fire suppression technology, and replacement oak trees. The County Department of Parks and Recreation ("Parks and Recreation") has indicated that the proposed Project will not have impacts to its facilities. The County Department of Public Health ("Public Health") recommends approval of the Project based on review of the Water Supply Assessment ("WSA") for Newhall County Water District ("NWCD") and the project's use of public sewer. The aforementioned County departments as well as the Sheriff's Department, County Library, and County Sanitation District were consulted regarding the Draft SEIR ("DSEIR"), which was circulated to them from February 27, 2018 to April 12, 2018. The final SEIR responds to all comments received during this period. 25. Pursuant to the provisions of sections 22.60.174 and 22.60.175 of the Zoning Code, the community was appropriately notified of the Projecfs public hearings by mail, and newspaper, and property posting. Notices were mailed to properties located within a 1,000 foot radius of the project site; those listed on the courtesy mailing list for the Castaic Canyon Zoned District; and any interested party that requested notification by PROJECT NO. 92074-(5) FINDINGS VESTING TENTATIVE TRACT MAP NO. TR51644-1 PAGE 8 OF 15 mail. Notices were e-mailed to parties that provided comments on the Draft Supplemental EIR via e-mail. Additionally, Project case materials were made available at the following five libraries: Castaic; Valencia; Old Town Newhall; Canyon Country JoAnne Darcy; and Stevenson Ranch. 26.Since the distribution of the notice of public hearing, the County has received a total of five letters — four in opposition to the Project and one in support. These letters are in addition to comments received on the DEIR, the contents of which are addressed in the final SEIR. The constituents who wrote letters in opposition to the Project cite concerns about safety, overcrowding, adequate water supply, Project location, air quality during construction, fire and traffic safety, the proposed extension of Casa Luna Drive, and impact to owls near Casa Luna. Staff received three letters in support of the Project. Support is given on the basis that a greater amount of natural open space would be provided; the development footprint would be reduced; a mix of housing and new recreation facilities are proposed, and additional emergency vehicle only access is included. Additionally, a letter was received from Leo Lee regarding the Project's impact to his property's private access. 27.A duly noticed public hearing was opened on June 27, 2018, and at the recommendation of staff, continued to August 1, 2018 to allow staff time to conclude consultation with the Community Development Commission. During the August 1, 2018 public hearing, the Commission heard presentations from staff and the applicant. The applicant's presentation included a proposal to eliminate the Adobe Reyes Way road connection as depicted on the vesting tentative map before the Commission. Public testimony was also heard. Eight persons testified in support of the Project. Two people spoke in opposition to the Project, citing concerns about the removal of oak trees, growth without providing affordable housing, destruction of habitat, and grading of hillsides. Five people voiced concerns; but, didn't necessarily speak for or against the Project. Concerns include worsening traffic safety, increase in HOA fees, placing more housing in a high fire hazard area, lack of funds to maintain natural open space mitigation lands, lack of private access for an adjacent property owner, lack of flood evacuation for adjacent development. After all testimony, the Commission discussed the Project and continued the public hearing to a date certain of November 7, 2018, so that staff could provide clarification on when the custodian of the open space must be designated; public trails accessibility; number of proposed tree plantings; term length of senior units; and age restrictions of occupants residing in senior units. The Commission also requested that the mitigation measures related to Greenhouse Gases be reviewed by the Chief Office of Sustainability and further asked of staff to look into modifying the charitable contribution to target a specific population, make the money adjustable to inflation, and limit expenditure of the money to the Santa Clarita Valley. The Commission also asked the applicant to consider an approach to homelessness and affordable housing. Between the June 27, 2018 and November 7, 2017, the applicant filed a map revision proposing elimination of the Adobe Reyes Way through connection in response to community feedback. The map revision also clarified trail easements will be dedicated to the County over all public trails. PROJECT NO. 92074-(5) FINDINGS VESTING TENTATIVE TRACT MAP NO. TR51644.1 PAGE 9 OF 15 A continued public hearing was held on November 7, 2018 before the Commission. At the public hearing, staff and the applicant as well as the applicant's associate gave presentations. Public testimony was heard from 20 pbrsons including 16 people who spoke in opposition to an on -site homeless shelter, one person who spoke in favor of the Project, and one person who spoke in opposition to the Project due to a concem about an increase in traffic. Two people spoke about specific concerns that include lack of private access for an adjacent property owner and lack of a public access connection between the subject Property and the proposed Tapia Development to the northwest, rather than in support or opposition to the Project. After all discussion, where some Commissioners voiced concern about the Project's lack of affordable housing, the Commission voted 3-2 to approve the Project with incorporation of a condition that requires an annual payment to the designated natural open space manager to maintain the lands. 28.The subject Revised Vesting Map is subject to the provisions of Sections 21.38.010 through 21.38.080 of the County Code. 29. The Project was submitted prior to the adoption of the "One Valley, One Vision" Santa Clarita Valley Area Plan in 2012; therefore, the applicant has the option of being reviewed for consistency with the previous SCVAP, which was adopted in 1984 and comprehensively updated in 1990. The applicant has elected for the Project to be subject to the goals, policies, and land use categories of the 1990 SCVAP. The applicant proposes to redistribute the 475 unbuilt dwelling units from Area A to the project site within the HM land use category. The 1990 SCVAP Land Use Element defines a density transfer as the "rearrangement of allowed residential units among various land use classifications on a project site." In addition, the 1990 SCVAP, expressly authorizes density transfer among land use classifications within a project site (regardless of urban or non -urban designation) when geological and topographic data support the need, the number of units is not increased, and health and safety is not detrimentally affected. It is also recognized as a tool to preserve significant ecological areas. Density transfer and clustering of structures are encouraged in urban and non -urban hillsides from steeper to more gently rolling and level land as a means of preserving the natural terrain, minimizing grading and reducing exposure to natural hazards. The proposed density transfer is consistent with the 1990 SCVAP provisions because the four phases within the Tesoro development (Phases A through D), constitutes one Project site, which was approved in 1999 for the build -out of 1,791 residential units, or 1,789 units without Phase D. Thus, the density transfer would not increase the number of units approved for the project site (any increase would be authorized by a density bonus). Based upon applicable land use classifications (Urban 1 which allows up to 3.3 dwelling units per acre, Urban 2 which allows up to 6.6 dwelling units per acre, Floodplain Management which prohibits development within the designated area, Hillside Management and Non -urban 1 with both designations allowing up to a maximum of 1 dwelling unit per 2 acres) the low -density threshold for the 1274.6-acre PROJECT NO. 92074-(5) FINDINGS VESTING TENTATIVE TRACT MAP NO. TR51644-1 PAGE 10 OF 15 Project site is 130 units and a CUP is a part of the subdivision request for d eve lopment exceeding the low -density threshold. The proposed single-family residences and detached condos are consistent with uses allowed under these land use designations. 30.The Commission finds that the Project is consistent with zoning requirements: Density -Controlled Development The bulk of the Project site is zoned A-2-2, which allows for single-family residential uses on a two -acre minimum lot size. However, because much of the site is located within a Hillside Management area (greater than 25% slope), it would be impractical and undesirable to disperse two -acre residential lots over the entirely of the Project site. To achieve the proposed development of 820 residential units, a CUP for density - controlled development (clustering) under Section 22.56.205 of the County Code is proposed. Section 22.56.205 allows specification of standards of development of the zone in which a density -controlled development is proposed. Under the proposed CUP, the Project's 696 single-family lots with an average size of 9,152 square feet would be clustered within an approximately 393.E-acre portion of Areas B and C, and approximately 881 acres, 69% of the Project site, of undeveloped area would be permanently preserved as natural open space. SEA/HMA Section 22.56.215 of the County Code imposes additional requirements for projects within hillside management and significant ecological areas. A portion of the project is located within an SEA; however, this portion is proposed to be preserved, in its entirety, as natural open space with sufficient buffer to ensure protection of biological resources. The Project site is located within a designated rural hillside management area "HM" under the 1990 SCVAP. Under the hillside management criteria in effect until 2015-which would be the applicable criteria for this period -any development that exceeds a certain low -density threshold In a rural hillside management area is required to obtain a Hillside Management CUP ("HM-CUP"). This threshold is calculated based on slope density, area, and 1990 SCVAP land use classification. The Project proposes a total of 820 dwelling units, it exceeds the low -density threshold of 130 units and therefore requires a HM-CUP. A minimum of 70% of the net area of all HM-CUP projects must be provided as open space. When counting landscaped and natural open space, the Project proposes to preserve 881 acres. The HM-CUP has been applied for and will be considered under a separate approval. Grading Section 22.24.150 of the County Code requires a CUP for any grading project in the Zone A-2 that exceeds 100,000 cubic yards of earthmoving. The proposed Project would require 9,100,000 cubic yards of cut and 9,100,000 cubic yards of fill, balanced on -site, as well as 5,400,000 cubic yards of remedial grading, for a total grading amount of 23,600,000 cubic yards. PROJECT NO. 92074-(S) FINDINGS VESTING TENTATIVE TRACT MAP NO. TR51644-1 PAGE 11 OF 15 Housin The applicant is seeking a 21.2% density bonus which is greater than the 20% which is allowed under an administrative permit. A minimum of 50% of the pre -bonus density must be senior citizen housing set -aside to be eligible for a density bonus. The applicant is setting aside 71.8% of pre -density bonus units (508) for a total senior citizen housing set -aside of 365 dwelling units. Oak Tree The removal or encroachment upon the protected zone of one oak tree for any development other than one single-family residence requires an Oak Tree Permit, pursuant to Section 22.56.2060 of the County Code. The applicant is proposing to remove eleven oak trees, and encroach into the protected zone of one oak tree. As required, the applicant has submitted an oak tree report by a certified arborist. This Oak Tree Permit has been applied for and will be considered under a separate permR. 31. The Commission finds that the flag lot burden of proof has been met as the lots are not situated entirely behind another lot, but contain a narrower street frontage along a cul-de-sac, and will therefore be able to provide the traditional front and rear yard depths that are required of traditional rectangular lots. 32.The Commission finds that the Project would be consistent with applicable policies of the 1990 SCVAP in that it employs a clustered design that enable greater conservation of natural resources. The total proposed development footprint has been reduced several times since the Project was originally submitted in the year 2006, and the Project has gone through the extensive Subdivision Committee review process. Consequently, the Project would be consistent with Plan policies to take into consideration the sensitivities of natural environmental systems, hazards, infrastructure service capacities, and other constraints. This is done, partially, by preserving approximately 881 acres of natural open space and 1032 acres of total open space (approximately 69% and 80% the net Project area, respectively). Numerous project design features and mitigation measures detailed in the EIR and MMRP would result in the Project's less -than - significant impacts in all environmental areas with the exception of traffic and aesthetics. Required fuel modification and site design, including the secondary fire access road, would reduce potential fire hazards to acceptable levels. 33.The Commission finds that the design and location of each lot of the subdivision, and the subdivision as a whole, subject to the Mitigation Measures and Conditions of Approval, are consistent with applicable regulations adopted by the State Board of Forestry and Fire Protection pursuant to Section 4290 and 4291 of the Public Resources Code, and are supported by the EIR and the Administrative Record for this project. 34.The Commission finds that the structural fire protection and fire suppression services will be available. PROJECT NO. 92074-(5) FINDINGS VESTING TENTATIVE TRACT MAP NO. TR51644-1 PAGE 12 OF 15 35.The Commission finds that to the extent practicable, ingress and egress for the subdivision meet the regulations regarding road standards for fire equipment access adopted pursuant to Section 4290 of the Public Resources Code and any applicable local ordinance and is supported by the EIR and the Administrative Record for this project. 36,The Commission finds that the site is physically suitable for the proposed density and type of development. Development would be served by public water and sewer systems. In addition, the Project would provide housing in an existing urbanized area with nearby services and employment opportunities including but not limited to the Valencia Industrial Center which is approximately five miles to the west. Also, the proposed design, scale, average lot size, and development pattern of the proposed single-family residence uses are consistent with the single-family residence uses in the existing Tesoro del Valle development located to the east of the site. The clustered design of the Project allows for a reduced grading footprint, and allows for a greater area of natural open space to be preserved as well as 147 oak trees. For these reasons, the proposed Project would constitute creative design and complimentary visual quality. 37.The Commission finds that there is no substantial evidence, based on the record as a whole, that the Project will have potential for an adverse effect on fish and wildlife resources or the habitat upon which, either individually or cumulatively, the fish and wildlife depend. The Project is located entirely outside of an adopted SEA and design features and mitigation measures detailed in the EIR and MMRP would result in a less than significant impact overall to biological resources. 38.The Commission finds that the design of the subdivision or type of improvements is not likely to cause serious public health problems since sewage disposal, storm drainage, fire protection, and geologic and soils factors are addressed in the recommended conditions of approval. 39. The Commission finds that the division and development of the property in the manner set forth on this map will not unreasonably interfere with the free and complete exercise of public entity and/or public utility rights -of -way and/or easements within this map, since the design and development as set forth in the conditions of approval and shown on the tentative map, provide adequate protection for any such easements. 40.The Commission finds that the discharge of waste from the proposed subdivision into an existing community sewer system would not result in violation of existing requirements prescribed by a California regional water quality control board. Public Works has issued conditions of approval of the subject land division and a Will Sere letter was issued by the County Sanitation District and a Sewer Area Study was approved by the Department of Public Works. 41.The Commission finds that the design of the subdivision provides to the extent feasible, for future passive or natural heating or cooling opportunities therein. Future structures built on the subject property after subdivision recordation will be required to PROJECT NO. 92074-(5) FINDINGS VESTING TENTATIVE TRACT MAP NO. TR51644-1 PAGE 13 OF 15 comply with State and County Green Building standards, which regulate the heating and cooling efficiency of structures for the benefit of the natural environment. 42. The Commission finds that pursuant to Article 3.5, Chapter 4 of the Subdivision Map Act, the proposed subdivision does contain or front upon any public waterway, river, stream, coastline, shoreline, lake or reservoir. 43.The Commission finds that the housing and employment needs of the region were considered and balanced against the public service needs of local residents and available fiscal and environmental resources when the Project was determined to be consistent with the general plan. 44.The Commission finds that to ensure continued compatibility between the Project and the surrounding land uses, it is necessary to limit the Vesting Tentative Tract Map to two years. 45.The Commission finds that pursuant to sections 22.60.174 and 22.60.175 of the County Code, the community was properly notified of the public hearing by mail, newspaper (La Opinion and The Santa Clarita Valley Signal), and property posting. Additionally, the Project was noticed and case materials were available on Regional Planning's website and at libraries located in the vicinity of Santa Clarita Valley community. 46.The Commission finds that the permittee is subject to payment of the California Department of Fish and Wildlife fees related to the Projects effect on wildlife resources pursuant to section 711.4 of the California Fish and Game Code. 47.The Commission finds that the MMRP, prepared in conjunction with the final EIR, identifies in detail how compliance with its measures will mitigate or avoid potential adverse impacts to the environment from the Project. The Commission further finds that the MMRP's requirements are incorporated into the conditions of approval for this Project, and that approval of this Project is conditioned on the permittee's compliance with the attached conditions of approval and MMRP. 48.The Commission finds that the Final EIR for the Project was prepared in accordance with CEQA, the State CEQA Guidelines, and the County's Environmental Document Reporting Procedures and Guidelines. The Commission reviewed and considered the Final EIR, along with its associated MMRP, Findings of Fact and Statement of Overriding Considerations, and finds that they reflect the independent judgment of the Commission. The Findings of Fact and Statement of Overriding Considerations are incorporated herein by this reference, as set forth in full. 49.The Commission finds that the MMRP for the Project is consistent with the conclusions and recommendations of the Final EIR and that the MMRP's requirements are incorporated into the conditions of approval for the Project. PROJECT NO. 92074(5) FINDINGS VESTING TENTATIVE TRACT MAP NO. TR51644-1 PAGE 14 OF 15 50.The Commission finds that the MMRP, prepared in conjunction with the Final EIR, identifies in detail how compliance with its measures will mitigate or avoid potential adverse impacts to the environment from the Project. 51.The location of the documents and other materials constituting the record of proceedings upon which the Commission's decision is based in this matter is at the Los Angeles County Department of Regional Planning, 13th Floor, Hall of Records, 320 West Temple Street, Los Angeles, California 90012. The custodian of such documents and materials shall be the Section Head of the Land Divisions Section, Department of Regional Planning. BASED ON THE FOREGOING, THE REGIONAL PLANNING COMMISSION CONCLUDES THAT: A. The proposed use with the attached conditions will be consistent with the adopted Santa Cladta Valley Area Plan. B. The proposed use at the site will not adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area, will not be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site, and will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare. C. The proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in Title 22, or as is otherwise required in order to integrate said use with the uses in the surrounding area. D. The proposed site is adequately served by highways or streets of sufficient width and improved as necessary to cant' the kind and quantity of traffic such use would generate, and by other public or private service facilities as are required. THEREFORE, THE REGIONAL PLANNING COMMISSION: 1. Certifies that the Final SEIR for the project was completed in compliance with CEQA and the State and County CEQA Guidelines related thereto; certifies that it independently reviewed and considered the information contained in the Final SEIR, and that the Final SEIR reflects the independent judgment and analysis of the Commission as to the environmental consequences of the Project; adopts the Findings of Fact and Statement of Overriding Considerations and the MMRP; finds that the MMRP is adequately designed to ensure compliance with the mitigation measures during the Project implementation, and finds that the unavoidable significant effects of the Project after adoption of said mitigation measures are as described in those Findings of Facts and Statements of Overriding Considerations; and determines that the remaining, unavoidable environmental effects of the Project have been reduced to an acceptable level and are outweighed by specific health, safety, economic, social, and/or environmental benefits of the Project as stated in the Findings of Fact and Statement of Overriding Considerations. PROJECT NO. 92074-(S) FINDINGS VESTING TENTATIVE TRACT MAP NO. TR51644-1 PAGE 15 OF 15 2. Approves Revised Vesting Tentative Tract Map No. TR51644-1, subject to the attached conditions. ACTION DATE: November 07, 2018 VOTE: Concurring: Shell, Moon, Modugno Dissenting: Smith, Louie Abstaining: 0 Absent: 0 JH:MP 11/07/18 c: Regional Planning Commission and Public Works CONDITIONS OF APPROVAL COUNTY OF LOS ANGELES PROJECT NO, 92074 - (5) REVISED VESTING TENTATIVE TRACT MAP NO.51644-1 PROJECT DESCRIPTION Revised Vesting Tentative Tract Map No. 51644-1 to subdivide 1,274.6 acres (Areas A, B, & C only) into 811 lots: 1696 single-family residence lots; nine multi- family residence lots developed with 124 detached condominium units; 15 debris basin lots; 12 water quality basin lots; three water tank lots; one helipad lot; five senior recreation area lots; one senior recreation center lot; six linear park lots; nine private park lots; one private recreation center lot; 29 open space lots; and 24 private driveway/private and future street lots] for a total of 820 residential dwelling units. A Conditional Use Permit ("CUP") for a density -controlled development within a Hillside Management and Significant Ecological Area and includes grading exceeding 100,000 cubic yards and two recreational centers. Housing Permit for a density bonus of 108 dwelling (21.2%) in return for a senior citizen housing set -aside of 365 dwelling units. Oak Tree Permit for the authorization to remove 11 oak trees and to encroach into the protected zone of one oak tree. The project is subject to the following conditions of approval: GENERAL CONDITIONS Unless otherwise apparent from the context, the term "subdivider" shall include the applicant, owner of the property, and any other person, corporation, or other entity making use of this grant. 2. This grant shall not be effective for any purpose until the subdivider, and the owner of the subject property if other than the subdivider, have filed at the office of the Los Angeles County ("County") Department of Regional Planning ("Regional Planning") their affidavit stating that they are aware of and agree to accept all of the conditions of this grant, and that the conditions of the grant have been recorded as required by Condition No. 7, and until all required monies have been paid pursuant to Conditions No. 10, and 13. Notwithstanding the foregoing, this Condition No. 2 and Conditions No. 4, 5, 8, and 10 shall be effective immediately upon the date of final approval of this grant by the County. 3. Unless otherwise apparent from the context, the term "date of final approval" shall mean the dale the County's action becomes effective pursuant to Section 22.60.260 of the County Code. 4. The subdivider shall defend, indemnify, and hold harmless the County, its agents, officers, and employees from any claim, action, or proceeding against the County or its agents, officers, or employees to attack, set aside, void, or annul this permit PROJECT NO. 92074-(5) CONDITIONS OF APPROVAL REVISED VESTING TENTATIVE TRACT PAGE 2 OF 12 MAP NO.51644-1 approval, which action is brought within the applicable time period of Government Code Section 65009 or any other applicable limitations period. The County shall promptly notify the subdivider of any claim, action, or proceeding and the County shall reasonably cooperate in the defense. If the County fails to promptly notify the subdivider of any claim, action, or proceeding, or if the County fails to cooperate reasonably in the defense, the subdivider shall not thereafter be responsible to defend, Indemnify, or hold harmless the County. 5. In the event that any claim, action, or proceeding as described above is filed against the County, the subdivider shall within ten days of the filing make an initial deposit with Regional Planning in the amount of up to $5,000.00, from which actual costs and expenses shall be billed and deducted for the purpose of defraying the costs or expenses involved in Regional Planning's cooperation in the defense, including but not limited to, depositions, testimony, and other assistance provided to subdivider or subdivider's counsel. If during the litigation process, actual costs or expenses incurred reach 80 percent of the amount on deposit, the subdivider shall deposit additional funds sufficient to bring the balance up to the amount of $5,000.00. There is no limit to the number of supplemental deposits that may be required prior to completion of the litigation. At the sole discretion of the subdivider, the amount of an initial or any supplemental deposit may exceed the minimum amounts defined herein. Additionally, the cost for collection and duplication of records and other related documents shall be paid by the subdivider according to County Code Section 2.170,010. 6. If any material provision of this grant is held or declared to be invalid by a court of competent jurisdiction, the permit shall be void and the privileges granted hereunder shall lapse. 7. Prior to the use of this grant, the subdivider, or the owner of the subject property if other than the subdivider, shall record the terms and conditions of the grant in the office of the County Registrar-Recorder/County Clerk ("Recorder"). In addition, upon any transfer or lease of the property during the term of this grant, the subdivider, or the owner of the subject property if other than the subdivider, shall promptly provide a copy of the grant and its conditions to the transferee or lessee of the subject property. 8. This grant shall expire unless used within two (2) years after the recordation of a final map for Revised Vesting Tentative Tract Map ("VTTM") No. TR51644-1. Entitlement to the use of the property thereafter shall be subject to the regulations then in effect. PROJECT NO. 92074-(5) CONDITIONS OF APPROVAL REVISED VESTING TENTATIVE TRACT PAGE 3 OF 12 MAP NO.51644-1 9. Prior to the issuance of any building permit(s), the subdivider shall remit all applicable library facilities mitigation fees to the County Librarian, pursuant to Chapter 22.72 of the County Code. The subdivider shall pay the fees in effect at the time of payment, pursuant to Section 22.72.030. Questions regarding fee payment can be directed to the County librarian at (562) 940-8430. The subdivider shall provide proof of payment upon request from Regional Planning. 10. Within five (5) working days from the day after your appeal period ends November 27, 2018, the subdivider shall remit processing fees at the County Registrar- Recorder/County Cleric Office, payable to the County of Los Angeles, in connection with the filing and posting of a Notice of Determination ("NOD") for this project and Its entitlements in compliance with Section 21152 of the Public Resources Code. Unless a Certificate of Exemption is issued by the California Department of Fish and Wildlife pursuant to Section 711.4 of the California Fish and Game Code, the subdivider shall pay the fees in effect at the time of the filing of the NOD, as provided for in Section 711.4 of the Fish and Game Code, currently $3,153.00 ($3,078.25 for an Environmental Impact Report plus $75.00 processing fee.) No land use project subject to this requirement is final, vested or operative until the fee is paid. 11. The subdivider shall comply with all mitigation measures identified in the Mitigation Monitoring and Reporting Program ("MMRP"), which are incorporated by this reference as if set forth fully herein. 12. Within thirty (30) days of the date of final approval of the grant by the County, the subdivider shall record a covenant and agreement, which attaches the MMRP and agrees to comply with the mitigation measures imposed by the Supplemental Environmental Impact Report for this project, in the office of the Recorder. As a means of ensuring the effectiveness of the mitigation measures, the subdivider shall submit annual mitigation monitoring reports to Regional Planning for approval or as required. The reports shall describe the status of the subdivider's compliance with the required mitigation measures. 13. The subdivider shall deposit an Initial sum of $6,000.00 with Regional Planning within thirty (30) days of the date of final approval of this grant in order to defray the cost of reviewing and verifying the information contained in the reports required by the MMRP. The subdivider shall replenish the mitigation monitoring account if necessary until all mitigation measures have been implemented and completed. 14. Notice is hereby given that any person violating a provision of this grant is guilty of a misdemeanor. Notice is further given that the Regional Planning Commission ("Commission") or a Hearing Officer may, after conducting a public hearing, revolve or modify this grant, if the Commission or Hearing Officer finds that these conditions have been violated or that this grant has been exercised so as to be detrimental to the public's health or safety or so as to be a nuisance, or as otherwise authorized pursuant to Chapter 22.56, Part 13 of the County Code. PROJECT NO. 92074.(5) REVISED VESTING TENTATIVE TRACT MAP NO.51644.1 CONDITIONS OF APPROVAL PAGE 4 OF 12 15. The subdivider shall comply with all conditions set forth in the attached County Public Works, Fire, and Public Health Department letters pertaining to the September 17, 2018 tentative map. 16. All development pursuant to this grant must be kept in full compliance with the County Fire Code to the satisfaction of the County Fire Department. 17. All development pursuant to this grant shall conform with the requirements of the County Department of Public Works to the satisfaction of said department. 18. All development pursuant to this grant shall comply with the requirements of Title 22 of the County Code and of the specific zoning of the subject property, unless specifically modified by this grant, as set forth in these conditions, including the approved Exhibit "A," or a revised Exhibit "A" approved by the Director of Regional Planning ("Director'). 19. The subdivider shall maintain the subject property in a neat and orderly fashion. The subdivider shall maintain free of litter all areas of the premises over which the subdivider has control. 20. All structures, walls and fences open to public view shall remain free of graffiti or other extraneous markings, drawings, or signage that was not approved by Regional Planning. These shall include any of the above that do not directly relate to the business being operated on the premises or that do not provide pertinent information about said premises. The only exceptions shall be seasonal decorations or signage provided under the auspices of a civic or non-profit organization. In the event of graffiti or other extraneous markings occurring, the subdivider shall remove or cover said markings, drawings, or signage within 24 hours of such occurrence, weather permitting. Paint utilized in covering such markings shall be of a color that matches, as closely as possible, the color of the adjacent surfaces. 21. The subject property shall be developed and maintained in substantial conformance with the plans marked Exhibit "A." If changes to any of the plans marked Exhibit "A" are required as a result of instruction given at the public hearing, five copies of a modified Exhibit "A" shall be submitted to Regional Planning by January 7, 2019. 22. In the event that subsequent revisions to the approved Exhibit "A" are submitted, the subdivider shall submit five copies of the proposed plans to the Director for review and approval. All revised plans must substantially conform to the originally approved Exhibit "A". All revised plans must be accompanied by the written authorization of the property owner(s) and applicable fee for such revision. PROJECT NO. 92074-(5) REVISED VESTING TENTATIVE TRACT MAP NO.51644-1 PROJECT SITE SPECIFIC CONDITIONS CONDITIONS OF APPROVAL PAGE 5 OF 12 23. This grant authorizes the creation of an 820-unit residential subdivision within Areas identified as A, B, and C only as depicted in the September 17, 2018 VTTM. Area D is not a part of the project. 24. All conditions of the 1999 VTTM Conditions of Approval, except Condition No. 14, shall remain in place unless revised through a subsequent approval. 25. The subdivider shall conform to the requirements of Title 21 of the Los Angeles County Code. 26. The Project site shall be developed and maintained in substantial conformance with the approved Exhibit "A" dated September 17, 2018 and attached Clarification Memo dated May 17, 2018, or Revised Exhibit "A" approved by the Director. 27. Permission is granted to adjust lot lines, provided each residential lot maintains a minimum frontage width of 50 feet with lot lines intersecting the street at right angles or a minimum frontage of 40 feet for lots located on knuckles, to the satisfaction of the Department of Regional Planning. 28. As depicted on the September 17, 2018 revised VTTM, reduced frontage width ranging from 20 feet to 23 feet Is granted for lots no. 2013, 2016, 2111, 2210, and 2211, provided structures are prohibited from being established within the entire depth of the narrowed frontage width. 29. Flag lot platting is authorized for lots no. 1765, 1769, 1787, 1791, 1903, 2017, and 2207. 30. Prior to issuance of certificates of occupancy for structures on flag lots, each flag lot shall have a paved access strip that conforms to the minimum width specified on the Exhibit "A" dated September 17, 2018 or a subsequently approved Exhibit "A" or Amended Exhibit "A". 31. Label each flag lot driveway and common driveway as a "Private Driveway and Fire Lane" on the final map. 32. Provide reciprocal access easements over common driveways and private and future streets for the benefit of the lots served. Submit a letter to the Department of Regional Planning agreeing to record the easements in documents when the lots are sold. 33. Provide for the maintenance of all private and future streets through a maintenance agreement by the owners of the lots. Submit a copy of the agreement to be recorded. PROJECT NO. 92074-(5) REVISED VESTING TENTATIVE TRACT MAP NO. 51644-1 34. Record a 40 foot -wide easement allowing vehicle only access strip delineated on lot no September 17, 2018. CONDITIONS OF APPROVAL PAGE 6 OF 12 for the construction of an emergency . 2475, as depicted on the VTTM dated 35. Dedicate a multi -use easement to the County for the trail staging area adjoining "A" Street. 36. As agreed to by the subdivider, prior to final map approval for the 200th residential unit, the subdivider or successor in interest shall deposit a sum of $1,640,000 into a fund, to be administered by the Community Development Commission of the County of Los Angeles ("CDC"), for the benefit of a project or projects serving homeless families and individuals. The allocation of funds to potential projects would be prioritized in the following order: 1) the City of Santa Clarita; 2) Santa Clarita Valley; or 3) within the Fifth Supervisorial District within the County of Los Angeles. To account for inflation, beginning on the effective date of the Project, the sum shall be adjusted based on the percentage change in the Consumer Price Index for All Urban Consumers (CPI-U); Los Angeles — Long Beach -- Anaheim CBSA; All items, 1982-1984=100 reference base. The Annual index published by the Bureau of Labor Statistics will serve as the basis for the calculation (http://www.bis.gov/cpi). In the event the CPI-U is discontinued or modified, a fair substitute index or calculation to achieve the same result will be applied to the satisfaction of the Community Development Commission. 37. Permission is granted to record a large lot parcel map without improvements, for lease or conveyance and finance purposes only, subject to the following: a. The lots shall conform to those shown on the revised vesting map or as approved by Regional Planning; b. Each lot shall be numbered on the final map and shall have a minimum gross area of 20 acres; c. All Public Works conditions shall be met to the satisfaction of Public Works. 38. The subdivider shall provide parking as required by the County Code. 39. The subdivider shall provide long- and short-term bicycle parking as required by the County Code. 40. Prior to obtaining final map approval, the subdivider shall submit a copy of the project's Covenants, Conditions and Restrictions ("CC&Rs") and any other covenants or maintenance agreements entered Into with respect to the project, to the Director for review and approval. PROJECT NO. 92074-(5) CONDITIONS OF APPROVAL REVISED VESTING TENTATIVE TRACT PAGE 7 OF 12 MAP NO.51644.1 41. The CC&Rs governing the common areas and their administration shall be in compliance with all applicable statutes and regulations, and subject to the approval of the Director of Planning. 42. All applicable conditions of approval shall be included as requirements in the CC&Rs and the CC&Rs shall prohibit any such requirement from being amended in anyway, or eliminated, with regard to language in the CC&Rs, without prior approval from the Director. 43. The subdivider shall require the Homeowner's Association ("HOA") to maintain a commuter carpool destinations list, and submit an updated list to residents biennially. 44. Lighting requirements and compliance with an approved Lighting Plan shall be Incorporated into the CC&Rs. 45. The subdivider shall require the HOA to devise and implement a trash management program for open spaces areas as well as restrictions and requirements into the CC&Rs. 46. Subdivider shall dedicate to the County of Los Angeles, the right to prohibit the erection of buildings on 29 open space lots no. 2474 through 2502, as depicted on the September 17, 2018 VTTM. These open space lots shall be designated as OpenSpace-Restricted Use Areas on the recorded final map. 47. Permission is granted to adjust and create additional open space lots to the satisfaction of the Department of Regional Planning as long as 70% of the net project area is maintained as open space. 48. Approximately 881 acres of undisturbed land shall be provided as natural open space to the satisfaction of the Department of Regional Planning, 49. A minimum of $50,000 annually shall be permanently provided for the management and maintenance of the approximately 750 acres of the Public Open Space that is dedicated to a governmental agency or a non-profit organization. Prior to final map recordation, submit a draft open space management and maintenance agreement to the Department of Regional Planning for review and approval. The agreement shall stipulate the amount shall be adjusted annually for inflation based on the CPI Increase, as well as when first payment is required. Following approval of the draft agreement, a recorded agreement shall be provided to the Director. 50. Dedicate to the County the right to restrict the erection of buildings within the designated open space areas of private residential yards. A note with said restriction shall be recorded on the final map. PROJECT NO. 92074-(5) CONDITIONS OF APPROVAL REVISED VESTING TENTATIVE TRACT PAGE 8 OF 12 MAP NO.51644-1 51. Dedicate to the County the right to prohibit construction of residential structures over park lots, public facility lots, open space lots, landscape lots, recreation center lots, community garden site, helipad lot, and water tank lots. 52. Individual single- and multi -family residence lots that have designated open space area within private yards, shall have an easement granted to the HOA for the maintenance of open space, including planted slopes, and the CC&Rs shall provide for the ownership and maintenance of this open space area. 53. The HOA shall provide for continued maintenance of planted slopes within designated open space areas and said responsibility shall be stipulated in the CC&Rs. 54. Prior to issuance of a grading permit, the subdivider shall provide for the ownership and maintenance of designated open space areas, commonly owned areas, parks, private recreation areas, private recreation centers, private driveways and fire lanes, landscape lots, hiking trails, trail staging areas, retaining walls, community garden, helipad, water tank lots, water quality basin lots, debris basin lots, and all other commonly owned areas to the satisfaction of the Department of Regional Planning. The ownership and maintenance of said lots and sites shall be provided by the HOA and stipulated in the CC&Rs, a lighting and landscape maintenance district, and/or dedicated to a public agency or land conservancy. 55. Prior to issuance of a grading permit, the portion of open space land located within Significant Ecological Area 20 in Area C shall be dedicated to the Mountains Recreation and Conservation Authority in accordance with the Project Biota Report dated November 2017. 56, Provide for age -restriction of the recreation center located on lot no. 2457 in the CC&Rs. 57. Prior to Building Permit Issuance of the first residence, provide evidence that the conditions set forth in the Department of Parks and Recreation's letter dated January 18, 2018, pertaining to have been satisfied. 58. All streets located behind gates shall be private and future streets, with the exception of the condominium developments. 59. Grant to all persons holding title to lands within the County of Los Angeles and the heirs, successors, and assigns of said persons, as their interests may now or hereafter appear of record, a non-exclusive easement for ingress and egress, road and utility purposes over all future and private and future streets in this subdivision to the satisfaction of the Department of Public Works and the Department of Regional Planning. PROJECT NO. 92074-(5) CONDITIONS OF APPROVAL REVISED VESTING TENTATIVE TRACT PAGE 9 OF 12 MAP NO.51644-1 60. Permission is granted to record multiple final maps for multi -family residence lots. Each final map to record shall comply on its own, or in combination with previously recorded maps, with the open space and lot area requirements of the County Code. 61. The boundaries of the unit final maps and phasing sequence depicted on the Exhibit Map may be changed subject to the Amended Tentative Map and Exhibit Map process prescribed in Section 21.16.015 of the County Subdivision Ordinance, with the following exceptions: a) open space lots no. 2474 and 2477, as identified in the September 17, 2018 VTTM, and the public loop road shall be the first two phases of development to record; b) a senior citizen housing set -aside of a minimum of 254 dwelling units shall be constructed prior to recordation of a unit map enabling the development of the 108 market -rate bonus density units. Prior to clearance of each final map, the subdivider shall submit the following: I. a phasing map, Indicating the boundaries of the current final map, the boundaries and status of all previously fled final unit maps, and the expected boundaries and phasing of all future final maps; and ii. a summary table included on the phasing map, indicating the number and type of all lots shown, including open space breakdown by acreage and type, on the current and all previous final maps. 62. Grading, including mass grading, shall be limited to that which is necessary to construct the on -site improvements as depicted on the September 17, 2018 Exhibit "A" and off site Improvements depicted on the revised vesting map. No additional grading or development shall be permitted beyond that depicted unless approved by the Director prior to issuance of a grading permit. 63. A landscaping plan(s) for common or open space areas not to be left in a natural state, which may be incorporated into a Revised Exhibit °A," shall be submitted to and approved by the Director prior to issuance of a building permit. Landscaping shall include native species at a mixture and density determined by the Director and the Fire Department's Fuel Modification Unit. The landscaping plan shall show size, type and location of all plants, trees and watering facilities. The landscaping shall be maintained in compliance with the approved plans. The landscaping plan must show all common areas planted with native vegetation, including not only trees, but shrubs and ground covering as well, except for the recreation areas and street rights of way. The landscaping mixture and density shall be reviewed and approved by staff and the fire department. Fire resistant plants should be given first consideration. 64. In addition to the review and approval by the Director, the landscape plans will be reviewed by the staff biologist of Regional Planning. Staffs review will include an PROJECT NO. 92074-(5) CONDITIONS OF APPROVAL REVISED VESTING TENTATIVE TRACT PAGE 10 OF 12 MAP NO.51644-1 evaluation of the balance of structural diversity, such as trees, shrubs, and groundcover that may be expected 18 months after planting, in compliance with fire safety requirements. The landscaping layout shall be maintained in substantial conformance with landscaping depicted in the Design Portfolio. 65. Pursuant to Section 21.32.195 of the County Code, subdivider shall plant or cause to be planted at least one tree for every 25 feet of street frontage within the front yard of single- and multi -family residence lots. The trees shall be of a native species. The location and the species of said trees shall be incorporated into a site plan or landscape plan. 66. Prior to obtaining final map approval, the subdivider shall plant or post a bond with Public Works to ensure the planting of the required trees to the satisfaction of Regional Planning. 67. Parkland shall be developed in substantial conformance to the conceptual layout depicted in the Design Portfolio to the satisfaction of the Regional Planning Director. 68. A Revised Exhibit "A" shall be submitted to the Regional Planning Director for review and approval prior to issuance of a building permit to construct private recreation centers and private parks. 69. An Amended Exhibit Map shall be submitted for review and approval by the Subdivision Committee prior to issuance of building permits to construct condominium complexes to ensure substantial conformance with the approved revised vesting map and the provisions of the County Code. CONDOMINIUM UNITS 70. Pertaining to the multi -family residence lots developed with condominium units, the subdivider shall place a note on the final map, to the satisfaction of Regional Planning, that the subdivision is approved as a condominium project for a total of 124 residential units whereby the owners of the units of air space will hold an undivided interest in the common areas, which common areas will in turn provide the necessary access and utility easements for all of the units. 71. Prior to issuance of a grading permit, the subdivider shall submit a copy of the condominium development's CC&Rs to the Directorfor review and approval. A copy of these conditions of approval shall be attached to the CC&Rs and made a part thereof. Those provisions in the CC&Rs required by these conditions shall be identified in the CC&Rs as such and shall not be modified in any way without prior authorization from the Director. PROJECT NO. 92074-(5) CONDITIONS OF APPROVAL REVISED VESTING TENTATIVE TRACT PAGE 11 OF 12 MAP NO.51644-1 72. The private driveways located within the multi -family residence lots developed with condominium units shall be labeled as Private Driveway and Fire Lane on the final map. 73. Depict the private driveway lots no. 2503 — 2526 as lots on the final map, with boundaries as depicted on the tentative map. 74. Subdivider shall provide for the ownership and maintenance of the common driveways through CC&Rs that shall be entered into by the owners of the lots served or an HOA. Subdivider shall submit a draft copy of the agreement to be recorded with Regional Planning for approval prior to recordation. 75. Incorporate into the CC&R's, access shall be provided from the senior recreation center and senior multi -family residence lots developments to areas designated as natural open space for maintenance purposes. 76. The subdivider shall post signage prohibiting parking along private driveways, unless designated parking is otherwise permitted. The subdivider shall provide for continued enforcement in the CC&Rs. Submit a draft copy of the covenants, conditions, and restrictions and/or maintenance agreement to the Department of Regional Planning for approval. 77. The subdivider shall reserve in the CC&Rs the right for all residents and their guests within the condominium project to use the private driveways and fire lanes for access into and out of the subdivision. 78. The subdivider shall construct or bond with the Los Angeles County Department of Public Works for the paving of private driveways and fire lanes, complying with paving material, design, and width as depicted on the approved Exhibit "A." 79. Recordation of any condominium plan where development plans have not yet been reviewed, through either a Revised Exhibit "A," or an Amended Exhibit Map, shall require a note on the final map that use or construction of any structure, except for authorized model homes, is prohibited until such time as a final map that depicts required access, utility easements and any other information required by the County of Los Angeles is recorded. 80. The subdivider shall provide in the CC&Rs a method for the continuous maintenance of the common areas, including but not limited to walkways, lighting system along all walkways, landscaping, irrigation systems, and recreation areas to the satisfaction of the Director. PROJECT NO. 92074-(5) REVISED VESTING TENTATIVE TRACT MAP NO. 51644-1 Attachments: CONDITIONS OF APPROVAL PAGE 12 OF 12 Fire/Public Works/Public Health Department Letter pertaining to VTTM dated September 17, 2018 COUNTY OF LOS ANGELES Page 1/3 DEPARTMENT OF PUBLIC WORKS LAND DEVELOPMENT DIVISION -- SUBDIVISION TRACT NO. 51644-1 (Rev.) REVISED TENTATIVE MAP DATED 09-17-2018 REVISED EXHIBIT "A" DATED 09-17-2018 The following report consisting of 23 pages are the recommendations of Public Works. The subdivision shall conform to the design standards and policies of Public Works, in particular, but not limited to the following items: 1. Details and notes shown on the tentative map are not necessarily approved. Any details or notes which may be Inconsistent with requirements of ordinances, general conditions of approval, or Department policies must be specifically approved in other conditions, or ordinance requirements are modified to those shown on the tentative map upon approval by the Advisory agency. 2. Easements are tentatively required, subject to review by the Director of Public Works to determine the final locations and requirements. 3. Easements shall not be granted or recorded within areas proposed to be granted, dedicated, or offered for dedication for public streets, highways, access rights, building restriction rights, or other easements until after the final map is riled with the Registrar-Recorder/County Clerk's Office. If easements are granted after the date of tentative approval, a subordination must be executed by the easement holder prior to the filing of the final map. 4. In lieu of establishing the final specific locations of structures on each lot/parcel at this time, the owner, at the time of issuance of a grading or building permit, agrees to develop the property in conformance with the County Code and other appropriate ordinances such as the Building Code, Plumbing Code, Grading Ordinance, Highway Permit Ordinance, Mechanical Code, Zoning Ordinance, Underground of Utilities Ordinance, Water Ordinance, Sanitary Sewer and Industrial Waste Ordinance, Electrical Code, and Fire Code. Improvements and other requirements may be imposed pursuant to such codes and ordinances. 5. Adjust, relocate, and/or eliminate lot lines, lots, streets, easements, grading, geotechnical protective devices, and/or physical improvements to comply with ordinances, policies, and standards In effect at the date the County determined the application to be complete all to the satisfaction of Public Works. COUNTY OF LOS ANGELES Page 213 DEPARTMENT OF PUBLIC WORKS LAND DEVELOPMENT DIVISION — SUBDIVISION TRACT NO. 51644-1 (Rev.) REVISED TENTATIVE MAP DATED 09-17-2018 REVISED EXHIBIT "A" DATED 09-17-2018 fi. All easements existing at the time of final map approval must be accounted for on the approved tentative map. This includes the location, owner, purpose, and recording reference for all existing easements. if an easement is blanket or indeterminate in nature, a statement to that effect must be shown on the tentative map in lieu of its location. If all easements have not been accounted for, submit a corrected tentative map to the Department of Regional Planning for approval. 7. if applicable, quitclaim or relocate easements running through proposed structures. 8. Furnish Public Works' Street Name Unit with a list of street names acceptable to the subdivider. These names must not be duplicated within a radius of 20 miles. 9. A Mapping & Property Management Division house numbering clearance is required prior to approval of the final map. 10. If unit filing occurs, reserve reciprocal easements for drainage, ingress/egress, utilities, and maintenance purposes, in documents over the private driveways and delineate on the final map to the satisfaction of Public Works. 11. The boundaries of the unit final maps shall be designed to the satisfaction of the Departments of Regional Planning and Public Works. 12. The first unit of this revised map shall be filed as Tract No. 51644-12, the second unit, Tract No. 51644-13, and so forth, and the last unit, Tract No. 51644 to the satisfaction of Public Works. Tract No. 51644-12 must be recorded first. 13. Extend lot lines to the center of private and future streets or provide separate lots for the private and future streets. 14. Grant Ingresstegress and utility easements to the public over the private and future or future streets. 15. Show open space lots on the final map and dedicate residential construction rights over the open space lots. 16. Depict all line of sight easements on grading and/or landscaping plans. COUNTY OF LOS ANGELES Page 313 DEPARTMENT OF PUBLIC WORKS LAND DEVELOPMENT DIVISION — SUBDIVISION TRACT NO. 51644-1 (Rev.) REVISED TENTATIVE MAP DATED 09-17-2018 REVISED EXHIBIT "A" DATED 09-17-2018 17. If possible, modify the boundaries of the open space lots or add additional open space lots to include the airspace easements for sight distance to the satisfaction of Regional Planning and Public Works. 18. A final tract map must be processed through the Director of Public Works prior to being filed with the Registrar-Recorder/County Clerk's Office. 19. Prior to submitting the tract map to the Director of Public Works for examination pursuant to Section 66442 of the Government Code, obtain clearances from all affected Departments and Divisions, including a clearance from the Subdivision Mapping Section of the Land Development Division of Public Works for the following mapping Items; mathematical accuracy; survey analysis; and correctness of certificates, signatures, etc. 20. A final guarantee will be required at the time of filing of the final map with the Registrar-Recorder/County Clerk's Office. 21. Permission is granted to record large lots (20-acre or more) tract map as shown on the insert map provided private and future right of ways are offered and slope easements are dedicated on all interior streets on alignments to the satisfaction of Public Works. 22. Provide proof/verification to the satisfaction of Public Works that any proposed underground utilities pertinent to this subdivision will not conflict with the Metropolitan Water District tunnel(s) within the existing tunnel easement. 23. Within 30 days of the approval date of this land use entitlement or at the time of the first plan check submittal, the applicant shall deposit the sum of $5,000 with Public Works to defray the cost of verifying conditions of approval for the purpose of issuing final map clearances. �4 Prepared by Phoenix IChoury Phone 626 458-4921 Date 10-02-2018 U51644-IL.rev'd map•mO RRTM-TR51644.1,docx h8 14210"M 13SQUNYv1 W 1 7d• '+ COUNTY OF LOS ANGELES IPuaur WOWSDEPARTMENT OF PUBLIC WORKS T7 900 50 JTH FREMONT AVENUE ALHAMBRA, CAUFORNIA 91303-1331 WWW.QPW LACOUNTY GOV TRACT MAP NO.: 51 4fi 4_1 (REVISED) TENTATIVE MAP DATE: 09/1712018 EXHIBIT MAP DATE: 09117/2018 STORM DRAIN AND HYDROLOGY UNIT CONDITIONS OF APPROVAL While various drainage facilities are incorrectly labeled on the subject revised tentative map, they shall all function as designed and labeled on the Approved Hydrology Report. For instance, the proposed detention basin shown on the Approved Hydrology Report Is Incorrectly labeled as a debris basin on Sheet 2 of the revised tentative map. Also, the debris basin located at the southeast comer of the project site Is incorrectly labeled as a water quality basin. This note applies to all drainage facilities throughout - As noted on the Approved Hydrology Report, all publicly maintained debris basins and the proposed detention basin shall be in fee title lots. While this note is not necessarily included on the subject revised tentative map, the lot lines are shown to be consistent with those lines shown on the Approved Hydrology Report. 3. While Note 14 on Sheet 1 of the subject revised tentative map is incorrect, the maintenance responsibility of the proposed water quality basins are as noted on the Approved Hydrology Report. Note 14 on Street I to read as follows, "All water quality basins to be ppivalely maintained by LA County (DSAA)". Review by: Date: 09/27/2018 Phone: (6261458-4921 Seta Marja a County of Los Angeles Department of Public Works Sheet 1 of 1 PCA LX0011291AB69 Geotechnical and Materials Engineering Division EPIC LA RRTM-TR51644-1 GEOLOGIC AND SOILS ENGINEERING REVIEW SHEET Telephone (626) 4584925 900 S. Fremont Avenue, Alhambra, CA 91803 Tentative Tract 51644-01 Tentative Map Dated 9117/16 (RevJExhib.) Parent "tract 51644 Grading By Subdivider? [Y] ty vrN) RA M vd1 Location Santa Cladta APN Geologist RMA GeoScience Subdivider BLC Tesoro LLC Solis Engineer RMA GeoScience Engineer/Arch, Sikand Review of: Geologic Report(s) Dated: Soils Engineering Reporl(s) Dated: Geolechnical Report(s) Dated: 7/17117 5115/17 1?15116 8/24116 8119116 5111/16 References: AGI Geolechnical Inc. 9127110 417110. 5f11109 312/09 1/21109 9119107 1012106 316101 TENTATIVE MAP FEASIBILITY IS RECOMMENDED FOR APPROVAL FROM A GEOTECHNICAL STANDPOINT PRIOR TO FILING THE FINAL LAND DIVISION MAP THE FOLLOWING CONDITIONS MUST BE FULFILLED: G1. The final map must be approved by the Geolechnical and Materials Engineering Division (GMED) to assure that all geolechnical requirements have been property depicted. For Final Map clearance guidelines refer to policy memo GS051.0 in the County of Los Angeles Department of Public Works Manual for Preparation of Geolechnical Reports. The Manual is available at. httpJ/dow.facounty.aov/cgmed/aermifsldocslmanuaLodf, G2. A grading plan must be geotechnically approved by the GMED prior to Final Map approval. The grading depicted on the plan must agree with the grading depicted on the tentative tract or parcel map and the conditions approved by the Planning Commission. If the subdivision Is to be recorded prior to the completion and acceptance of grading, corrective geologic bonds may be required. G3. Prior to grading plan approval, a detailed geolechnical report must be submitted that addresses the proposed grading. All recommendations of the geolechnical consullanl(s) must be incorporated into the plan. The report must comply with the provisions of the County of Los Angeles Department of Public Works Manual for Preparation of Geolechnical Reports. The Manual is available at hffi2.11dgw.iacounty.goylqmedloe&MifsldocslmanuaLadr. G4. All geologic hazards associated with this proposed development must be eliminated. Allematively, the geologic hazards may be designated as restricted use areas (RUA), and their boundaries delineated on the Final Map. These RUAs must be approved by the GMED, and the subdivider must dedicate to the County the right to prohibit the erection of buildings or other structures within the restricted use areas. For information on the RUA policy refer to policy memo GS063.0 In the County of Los Angeles Department of Public Works Manual for Preparation of Geolechnical Reports. The Manual is available at htt :/Id w.lacoun v/ me / ermff / cs/manual df.. S1. Al the grading plan stage, submit grading plans to the GMED for verification of compliance with County Codes and policies- NOTE(S) TO THE PLAN CHEC6ER18UILDING AND SAFETY DISTRICT ENGINEER: ONSITE SOILS ARE CORROSIVE TO FERROUS METALS. Qp,OF E 5 Sr�jNa r'I+uH r�ti Fyc Prepared by v �� q No..GE 2849 Z mw weir R Mathisen No. 2376 CERTIFIED v 5 - v KN� a�P VGIl moue VFCAt►T— oo p. Geology Section fOFCA050 ` bale 1011118 Please complete a Customer Service urvey at // .locountv.aovloolamedsurvev tQjI E Public safety relative to geotechnical subsurface exploration sha; be provided n accordance v ilh current codes for exravatIms, inclusive or the Los Angeles County Code Chapter 1148. and the Stale of California Title 8, Conslrucilon Safely Orders 5t644.01 Santaclanla TA121 Atl;c. COUNTY OF LOS ANGELES Page 1/2 DEPARTMENT OF PUBLIC WORKS LAND DEVELOPMENT DIVISION — GRADING TRACT MAP 51644-1 (Rev.) TENTATIVE MAP DATED 09-17-2018 EXHIBIT MAP DATED 09-17-2018 1. Approval of this map pertaining to grading is recommended. The subdivision shall conform to the design standards and policies of Public Works, in particular, but not limited to the following items: REQUIREMENTS PRIOR TO GRADING PLAN APPROVAL: 2. Provide approval of: a. The latest hydrology study by the Storm Drain and Hydrology Section of Land Development Division. b. The location/alignment and details/typical sections of any park/trail, as shown on the grading plan, to the satisfaction of the Department of Parks and Recreation. c. The grading plan by the Geotechnical & Materials Engineering Division (GMED). d. Permits and/or letters of non jurisdiction from all State and Federal Agencies, as applicable. These agencies may include, but may not be limited to the State of California Regional Water Quality Control Board, State of California Department of Fish and Wildlife, State of California Department of Conservation, Division of Oil, Gas, and Geothermal Resources (DOGGR), and the Army Corps of Engineers. e. Obtain a permit from State of California Department of Conservation, Division of Oil, Gas, and Geothermal Resources (DOGGR) for the adjustment of well casing in compliance with Title 14, Section 1723.5 of the California Code of Regulations, as necessary. 3. Per County Code Section 12.84.430 (C), follow USEPA guidance regarding Managing Wet Weather with Green Infrastructure: Green Streets 26" (December 2008 EPA-833-F-08-009) to the maximum extent practicable. REQUIREMENTS PRIOR TO FINAL MAP RECORDATION: 4. Submit a grading plan for approval. The grading plan must show and call out the following items, including but not limited to: construction of all drainage devices and details, paved driveways, elevation and drainage of all pads, SUSMP and LID devices (fill in whichever is applicable), and any required landscaping and irrigation not within a common area or maintenance easement. Acknowledgement and/or approval from all easement holders may be required. 5. A maintenance agreement or CC$Rs may be required for all privately maintained drainage devices, slopes, and other facilities. COUNTY OF LOS ANGELES Page 2/2 DEPARTMENT OF PUBLIC WORKS LAND DEVELOPMENT DIVISION — GRADING TRACT MAP 51644-1 (Rev.) TENTATIVE MAP DATED 09-17-2018 EXHIBIT MAP DATED 09-17-2018 6. Dedicate to the County the right to restrict building construction for the purpose of maintaining rig access to oil wells on lots containing oil wells. Erik Rodriguez Date 10/01/2018 Phone (626) 458-4921 AfICHECK1PIan Checking FIIeslTracl Map1TR 51544.11GR 515444=16.04.18 TTR 51644-11TR51644-1g-rev9 J-- COUNTY OF LOS ANGELES page 1/6 DEPARTMENT OF PUBLIC WORKS LAND DEVELOPMENT DIVISION - ROAD TRACT NO.51644-1 (Rev'di TENTATIVE MAP DATED 09-17-2018 EXHIBIT MAP DATED 09-17-2018 The subdivision shall conform to the design standards and policies of Public Works, in particular, but not limited to the following items: The minimum centerline radius on a local street with an intersection street on the concave side shall comply with design speeds 40mph (64 feet R/W)130mph (60 feet R/W)/25mph (58 feet R/W). Maintain a minimum centerline radius of 350 feet (64 feet R/W)1 250 feet (60 feet R/W}1100 feet (58 feet R/W) along curved intersections where the minor leg is on the concave side or provide for adequate sight distance to the satisfaction of Public Works. 2. The centerline of all local streets shall be aligned without creating jogs of less than 150 feet. A one -foot jog may be used where a street changes width from 60 feet to 58 feet of right of way. 3. The central angles of the right of way radius returns shall not differ by more than 10 degrees on local streets. 4. Driveways will not be permitted within 25 feet upstream of any catch basins when street grades exceed 6 percent. 5. Provide maximum 4 percent landing grades at all knuckle approaches for a distance of 50 feet to the satisfaction of Public Works. 6. Provide minimum landing area of 100 feet for local collectors, 50 feet for local access roads, and 25 feet for cul-de-sacs at a maximum 3 percent grade on all "tee" intersections. 7. At tee intersections involving local streets, the maximum permissible grade of the through street across the intersection is 10 percent. For intersections involving multi -lane highways, the maximum permissible grade of the through street is three percent. For 4-legged intersections, the maximum permissible grade of the through street is 8 percent. 8. Any extended length of residential streets over 1000 feet must be approved by the Fire Department. COUNTY OF LOS ANGELES Page 216 DEPARTMENT OF PUBLIC WORKS LAND DEVELOPMENT DIVISION - ROAD TRACT NO.51644-1 (Rev'd) TENTATIVE MAP DATED 09-17-2018 EXHIBIT MAP DATED 09-17-2018 9. Dedicate right of way as depicted on the typical sections on sheet 7 to the satisfaction of Public Works. For all streets labeled "Private and Future" street, make an offer of private and future right of way to the satisfaction of Public Works. 10. Permission is granted for streets within Areas B and C to be private and future streets only for streets behind approved gate locations and listed on Sheet 7 as "private and future" streets. 11. Whenever there is an offer of a future street or a private and future street, provide a drainage statemenilletter. 12. Provide intersection sight distance for a design speed of: a. 40 mph (415 feet) on "A" Street from "B" Street, "KK" Street, "LL" Street and "XX" Street (both directions). b. 30 mph (310 feet) on "B" Street from "AAA" Street 1 "F" Street (both directions) and from DWY "EEE" (westerly direction); on "C' Street from "UU" Streetl"YY" Street (both directions) and from "FF" Street; from "D"1 "T" Streets (both directions); on "D" Street from "S" Street (both directions) and from "0" Street (north easterly direction); on "F" Street from "H" Street (easterly direction); and on Reyes Adobe Way from "QQ" Street (south westerly direction). c. Line of sight shall be within right of way or dedicate airspace easements to the satisfaction of Public Works. Additional grading may be required. With respect to the position of the vehicle at the minor road, the driver of the vehicle is presumed to be located 4 feet right of centerline and 10 feet back from the top of curb (TC) or flow line (FL) prolongation. When looking left, we consider the target to be located at the center of the lane nearest to the parkway curb. We use 6 feet from TC. When looking right, the target is the center of the lane nearest to the centerline or from the median TC (when present). 13. Provide stopping sight distance on all points along curved sections of each street using appropriate design speed stated in Item No. 1 above. Line of sight shall be within right of way or dedicate airspace easements to the satisfaction of Public Works. Additional grading may be required. With respect to the position of the vehicle, the driver of the vehicle is presumed to be located 6 feet COUNTY OF LOS ANGELES Page 3/6 DEPARTMENT OF PUBLIC WORKS LAND DEVELOPMENT DIVISION - ROAD TRACT NO.51644-1 (Rev'd) TENTATIVE MAP DATED 09-17-2018 EXHIBIT MAP DATED 09-17-2018 from TC and the target to be located 6 feet from TC. The driver eye level is presumed 3.5 feet from the ground and the target height is 6 inches. 14. Depict all line of sight easements on the landscaping and grading plans. 15. Provide property line return radii of 13 feet at all local street intersections and 27 feet at the intersection of all local streets with planned highways plus additional right of way for comer cut off to meet current Americans with Disabilities Act (ADA) guidelines to the satisfaction of Public W 16. Provide easements and/or right of way to allow for the construction of the emergency access road for TR 72126 (Tapia Development) off -site grading and street improvements in the vicinity of "M" Street to the satisfaction of Public Works. It shall be the sole responsibility of the subdivider to acquire the necessary right of way and/or easements. 17. All proposed gates are not approved if they are placed at a street that provides direct access to an offsite property and if streets are public streets. In order to allow the proposed gates, obtain concurrence from adjoining properties clarifying that they are not dependent on this subdivision for their means of access. If gates are allowed, label all streets within the gates as private and future streets; otherwise, these streets are to remain as public streets. 18. For all approved gates, locate the entry gate or key pad (if one is provided) a minimum of 50 feet beyond the right of way and construct a turnaround with a minimum turnaround radius of 32 feet in the private driveway and firelane preceding the gated entrance to the satisfaction of Public Works. The minimum gate setback shall be increased, if necessary, to accommodate adequate stacking distance as determined in each case by the traffic engineering consultant at final engineering. Setback the raised median nose in the private driveway a minimum of 20 feet from the right of way to the satisfaction of Public Works. The details of the gated access as shown on the tentative map are not necessarily approved. 19. The median plan as shown on sheet 7 is not necessarily approved and is subject to a detailed review to the satisfaction of Public Works. All proposed medians shall be 14 feet minimum and use a standard nose parabolic flare with a minimum median nose of 4 feet or terminate the raised median within the reverse taper to the satisfaction of Public Works. COUNTY OF LOS ANGELES Page 416 DEPARTMENT OF PUBLIC WORKS LAND DEVELOPMENT DIVISION - ROAD TRACT NO.51644-1 Rev'd TENTATIVE MAP DATED 09-17-2018 EXHIBIT MAP DATED 09-17-2018 20. Conform with the Roundabout Manual (or as otherwise revised by Public Works) for all proposed roundabouts to the satisfaction of Public Works. 21. Construct new driveways to the satisfaction of Public Works. 22. Construct curb, gutter, base, pavement, and sidewalk (5 feet sidewalk adjacent to the property line) along the property frontage on all local streets to the satisfaction of Public Works. 23. Construct full -width sidewalk and curb ramp at all retums. 24. Repair any improvements damaged during construction to the satisfaction of Public Works. 25. Close the existing Reyes Adobe Way (Area "A" northerly) with a cul-de-sac and terminate the proposed Adobe Reyes Way (Area "B" southerly) with a second cul- de-sac in the vicinity of lot 1777, to include pedestrian access through the cul-de- sacs to the satisfaction of Public Works. 26. Provide slope easements for the proposed cul-de-sacs on Reyes Adobe Way to the satisfaction of Public Works. 27. Plant street trees along all streets in 24-inch boxes (minimum) within this subdivision to be privately irrigated, to the satisfaction of Public Works. 28. Construct drainage improvements (including bridges and parkway drains, if needed) and offer easements needed for street drainage or slopes and maintenance purposes to the satisfaction of Public Works. Where streets or highways are located within flood hazard areas or subject to inundation, provide adequate freeboard and slope protection to the satisfaction of Public Works. Construct adequate embankment protection along any sections of highways or streets located within flood plain boundaries or subject to inundation. Adequate freeboard shall also be provided. 29. Prior to final map recordation, vacate excess right of way on Avenida Rancho Tesoro and retain the existing easements for the benefit of the Water Quality Basins, to the extent needed. A deposit will be required for the vacation process. 30. Execute a covenant for private maintenance of curb/parkway drains; if any, to the satisfaction of Public Works. COUNTY OF LOS ANGELES Page 5/6 DEPARTMENT OF PUBLIC WORKS LAND DEVELOPMENT DIVISION - ROAD TRACT NO. 51644-1 Rev'd TENTATIVE MAP DATED 09-17-2018 EXHIBIT MAP DATED 09-17-2018 31. Provide and install street name signs prior to occupancy of buildings 32. Install postal delivery receptacles in groups to serve two or more residential lots. 33. All park site entrances shall conform with a stopping sight distance line of sight of 40 mph (300 feet) or 30 mph (200 feet) as appropriate and are subject to review to the satisfaction of Public Works. 34. Underground all existing service lines and distribution lines that are less than 50 KV and new utility fines to the satisfaction of Public Works and Souther California Edison. Please contact Public Works' Construction Division at (626) 456-3129 for new location of any above -ground utility structure in the parkway. 35. Establish a Landscape Maintenance District (LMD) prior to final map approval, subject to the approval of the Department of Public Works, for the purpose of maintaining landscaped medians and parkways on all streets and highways. In the event that the LMD gets voted out, the maintenance responsibilities will revert back to the Home Owner's Association (HOA). 36. Prior to final map approval, enter into an agreement with the County franchised cable TV operator (if an area is served) to permit the installation of cable in a common utility trench to the satisfaction of Public Works; or provide documentation that steps to provide cable TV to the proposed subdivision have been initiated to the satisfaction of Public Works. 37. Comply with the mitigation measures identified in the attached November 30, 2017, memoranda/letter or any revision thereafter, from our Traffic and Lighting Division to the satisfaction of Public Works and comply with all mitigation measures as required by Caltrans. 38. Prior to final map approval, pay the fees established by the Board of Supervisors for the Valencia Bridge and Major Thoroughfare Construction Fee District. The fee is to be based upon the fee rate in effect at the time of final map recordation. The current applicable fee is $24,620 per factored unit and is subject to change. 39. Phasing of map shall be addressed in the traffic study. The phasing map shall address construction phasing for schools and other units if phased grading Is proposed. The phasing map shall also address access requirements for each unit. COUNTY OF LOS ANGELES Page 6/6 DEPARTMENT OF PUBLIC WORKS LAND DEVELOPMENT DIVISION - ROAD TRACT NO.51644-i Rev'd TENTATIVE MAP DATED 09-17-2018 EXHIBIT MAP DATED 09-17-2018 40. Comply with the street lighting requirements as stipulated in the attached Traffic and Lighting Division, Street Lighting Section letter dated April 25. 2017. r0z�prepared by Sam Richards Phone_(626) 458-4921 Date 10-02-201 B 451646-rev'dmaprcv9.doa MARK MFMELLA, Dindar November 30, 2017 COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS 7n Enrich Lives Through Effft*m and Cermg Service' 900 SOUTH FREMONT AVENUE ALHAMBRA.CALIFORNIA 91503-1331 Idephow 1626j438.3100 h11p' dpw1wounty gov ADDRESS ALL CORRESPONDENCE TO P O EIOX 1460 A LHA61DRA. CALWORNIA 9118024460 Mr. David Shender Linscott, Law & Greenspan, Engineers 20931 Burbank Boulevard, Suite C Woodland Hills, CA 91367 Dear Mr. Shender: BLC TESORO LLC TRAFFIC IMPACT STUDY (MAY 31, 2017) TESORO DEL VALLE PHASES B AND C TRACT MAP NO.51644 UNINCORPORATED CASTAICNAL VERDE AREA IN REPLY PLEASE REFER TC FILE T-4 We reviewed the Traffic Impact Study (TIS) dated May 31, 2017, associated with Phases B and C of the Tesoro del Valle project, Tract Map No. 51644, located north of the intersection of Copper Hilt Drive (East-West) and Tesoro del Valle Drive (North -South) in the unincorporated Castaic[Val Verde area. Project Description Phases B and C of the Tesoro del Valle project consists of the construction of 455 single-family residential homes and 365 senior housing units within Planning Areas B and C. Project's Transportation Impact According to the TIS, the traffic generated by the project will have a significant transportation impact at the two intersections listed below. We generally agree with the findings in the TIS. • The Old Road at Interstate 5 Southbound On/Off Ramps • Tesoro del Valle Drive at Rio Norte Drive/Copper Hill Drive Mr. David Shender November 30, 2017 Page 2 Mitigation of Project's Transportation Impact Intersection No.1: The Old Road/1-5 Freeway Southbound_Rarnps (California Denartment of Transportation (Caltrans)iCounty of Los Angeles) • South approach mitigation: Modify the existing traffic signal to provide a northbound right -turn overlap phase. • Since this intersection is maintained by another jurisdiction, the applicant shall appropriately describe this significant and unavoidable transportation impact in the project's Environmental Impact Report (EIR): Intersection No. 7: Tesoro del Valle Drive — Rio Norte Drive/Copper Hill Drive (County of Los Angeles) • According to the TIS, no mitigation measures are feasible within the available right of way at the intersection listed below. Therefore, the applicant shall appropriately describe this significant and unavoidable transportation impact in the project's EIR: Project's Cumulative Transportation Impact According to the TIS, the cumulative traffic generated by the project and other related projects will have a significant transportation impact at the six Intersections listed below. We generally agree with the findings in the TIS. • The Old Road at Interstate 5 Southbound On/Off Ramps • The Old Road at Rye Canyon Road • The Old Road at Magic Mountain Parkway • Magic Mountain Parkway at Interstate 5 Southbound On/Of Ramps • Copper Hill Drive at Decoro Drive • Tesoro del Valle Drive at Rio Norte Drive/Copper Hill Drive Mitigation of Project's Cumulative Transportation Impact Intersection No. 2: The Old Road/Rye Canyon Road (County of Los Angeles) • North approach mitigation: Add a second southbound left-tum lane and add a third southbound through lane • South approach mitigation: Add two northbound through lanes • East approach mitigation: Add two westbound left -turn lanes. Mr. David Shender November 30, 2017 Page 3 Modify the traffic signal in accordance with the above improvements. The above improvements are Identified as Valencia Bridge and Thoroughfare (B&T) District. Payment of the Valencia B&T District fees in lieu of a pro rats share would address the cumulative impact at this intersection. Since the proposed improvements do not fully mitigate the impact and no additional mitigation measures are feasible within the available right of way, the project's applicant shall appropriately describe this significant and unavoidable cumulative impact in the project's EIR. Intersection No. 1: The Old Road/1-5 Freeway Southbound Ramps (Caltrans/County of Los Angeles) The project's pro rata share for the cost of the following mitigations is 2.5 percent. • South approach mitigation: Add a third through lane ■ North approach mitigation: Add a second left -turn lane and a third through lane • East approach mitigation: Convert a shared left/right-turn lane to a left -turn lane and add a right -turn only lane • Modify the traffic signal in accordance with the above improvements. • Since the intersection is maintained by another jurisdiction and the proposed improvements do not fully mitigate the Impact, the applicant shall appropriately describe this significant and unavoidable transportation impact in the project's El R: Intersection No. 3: The Old Road/Magic Mountain Parkwav (County of Los Anaeles Since no mitigation measures are feasible within the available right of way at this intersection, the applicant shall appropriately describe this significant and unavoidable transportation impact in the project's EIR. Conceptual plans and cost estimates for the improvements shall be submitted to Public Works for review and approval. The applicant shall pay its pro rats share of the cost for the improvements for the Project's cumulative impact mitigations prior to issuance of the Certificate of Occupancy. The project is located within the Valencia B&T District. Consequently, the project shall pay its share of the Valencia B&T District fees prior to approval of the final map. Please contact Land Development Division for the determination and payment of these fees. Mr. David Shender November 30, 2017 Page 4 Intersection No. 4: 1-5 Freeway SB Ramps/Magic Mountain Parkway Caltrans/Coon of Los Angeles? Since no mitigation measures are feasible within the available right of way at this intersection, the applicant shall appropriately describe this significant and unavoidable transportation impact in the project's EIR. Conceptual plans and cost estimates for the improvements shall be submitted to Public Works for review and approval. The applicant shall pay its pro rata share of the cost for the improvements for the Project's cumulative impact mitigations prior to issuance of the Certificate of Occupancy. The project is located within the Valencia B&T District. Consequently, the project shall pay its share of the Valencia B&T District fees prior to approval of the final map. Please contact Land Development Division for the determination and payment of these fees. Intersection No. 6: Copper Hill Drive/Decoro Drive (County of Los Angeles/City of Santa Clarita) Since no mitigation measures are feasible within the available right of way at this intersection, the applicant shall appropriately describe this significant and unavoidable transportation impact in the project's EIR. Conceptual plans and cost estimates for the improvements shall be submitted to Public Works for review and approval. The applicant shall pay its pro rata share of the cost for the improvements for the Project's cumulative impact mitigations prior to issuance of the Certificate of Occupancy. The project is located within the Valencia B&T District. Consequently, the project shall pay its share of the Valencia B&T District fees prior to approval of the final map. Please contact Land Development Division for the determination and payment of these fees. Intersection No. 7: Tesoro del Valle — Rio Norte Drive/CoQoerHill Drive (County of Los Angeles) Since no mitigation measures are feasible within the available right of way at this intersection, the applicant shall appropriately describe this significant and unavoidable transportation impact in the project's EIR. Mr. David Shender November 30, 2017 Page 5 Conceptual plans and cost estimates for the improvements shall be submitted to Public Works for review and approval. The applicant shall pay its pro rata share of the cost for the improvements for the Project's cumulative impact mitigations prior to issuance of the Certificate of Occupancy. The project is located within the Valencia B&T District. Consequently, the project shall pay its share of the Valencia B&T District fees prior to approval of the final map. Please contact Land Development Division for the determination and payment of these fees. Tesoro del Valle Mobility and Safety Proaram The applicant proposes to work with various stakeholders to identify physical improvements and programs to meet the objectives stated below Objectives: To enhance traffic safety in the Tesoro del Valle community. To facilitate and promote alternative modes of transportation to enhance the health, safety, and welfare of existing and new residents of Tesoro de Valle and the surrounding communities. Program Elements: To engage current residents, school leadership, the County of Los Angeles, and the City of Santa Clarita, the applicant shall hold a public meeting to identify transportation needs identified by the various stakeholders, including but not limited to the following subject matters: • Traffic reduction and traffic safety near schools • Speed control and pedestrian safety on Avenida Rancho Tesoro and Tesoro del Valle Drive • Walkability • Transit Use The applicant shall provide Public Works with a report on the community's input and the project's proposed program elements. The report shall be submitted to Public Works for review and approval by the County prior to issuance of the grading permit. Mr. David Shender November 30, 2017 Page 6 We recommend the applicant consult with the State of California Department of Transportation and the City of Santa Clarita to obtain concurrence with any potential California Environmental Quality Act impacts within its jurisdiction. If you have any questions regarding the review of this document, please contact Mr. Kent Tsujii of Traffic and Lightng Division, Traffic Studies Section, at (626) 300-4776. Very truly yours, MARK PESTRELLA Director of Public Works EMIKO THOMPSON Interim Assistant Deputy Director Traffic and Lighting Division NZ:ma P•1TLPUBGTUDIEW R 16 0142 TESORO DEL VALLE DOU bc: Land Development (Chimienti, Wong) COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS TRAFFIC AND LIGHTING DIVISION SUBDIVISION, CONDITIONAL USE PERMIT (CUP) & R3 REVIEW STREET LIGHTING REQUIREMENTS Dale:4/25/17 TO: Matthew Dubiel Project Entitlement & CEOA Section Land Development Division Attention tmelda�Ng/ FROM: Inez Yeung' Street Lighting Section Traffic and Lighting Division Prepared by Emmanuel Okolo STREET LIGHTING REQUIREMENTS TR 51644-1 RRTM-TR51644-1 Q Provide streetlights on concrete poles Wlh underground wiring on all streets and highways within and around TR 51644-1 A to the satisfaction of Department of Public Works or as modified by Department of Public Works. The streetlights shall be Mission Bell and designed as a County owned and maintained (LS-3) system. Submit street lighting plans along v with existing and/or proposed underground utilities plans to Traffic and lighting Division, Street Lighting Section, for processing and approval. Provide streetlights on concrete poles with underground wiring along the properly frontage on to the satisfaction of Department of Public Works or as modified by Department or Public Works. Submit street lighting plans along with existing and/or proposed underground utilities plans to Traffic and Lighting Division, Street Lighting Section, for processing and approval. Provide streetlights on concrete poles with underground wiring on non -gated private or public future streets along the property frontage on to the satisfaction of Department of Public Works or as modified by Department of Public Works. Submit street lighting plans along with existing and/or proposed underground utilities plans to Traffic and Lighting Division. Street Lighting Section, for processing and approval. Provide streetlights on concrete poles with underground wiring on gated private future streegs) along the property frontage on with fixtures acceptable to Southern California Edison and to the satisfaction of Department of Public Works or as modified by Department of Public Works. The operation and maintenance of the street lights shall remain the responsibility of the owner/developedHome Owners Assoclabon until such time as the streel(s) are accepted for maintenance by the County. Assessments will be Imposed on portions of the development served by gated private and future streets (if any) as a result of benefits derived from existing or future streetlights on adjacent public roadways. Submit street lighting plans along with existing and/or proposed underground utilities plans to Traffic and Lighting Division, Street Lighting Section, for processing and approval. New streeuights are not required. ANNEXATION AND ASSESSMENT BALLOTING REQUIREMENTS: The proposed project or portions of the proposed project are not within an existing lighting district. Annexation to street lighting district Is required. Street lighting plans cannot be approved prior to completion of annexation process. See Conditions of Annexations below. Upon CUP approval (CUP only), the applicant shall comply with conditions of acceptance listed below in order for the lighting districts to pay for the future operation and maintenance of the streetlights. It is the sole responsibility of the owner/developer of the project to have all street lighting plans approved prior to the issuance of building permits. The required street lighting Improvements shall be the sole responsibility of the owner/developer of the project and the installation must be accepted per approved plans prior to the issuance of a certificate of occupancy. El Upon issuance of an Agreement to improve (R3 only), the applicant shall comply with conditions of acceptance listed below in order for the lighting districts to pay for the future operation and maintenance of the streetlights. It is the sole responsibility of the ownerldeveloper of the project to have all street lighting plans approved prior to the issuance of building permits. The required street lighting improvements shall be the sole responsibility of the ownerldeveloper of the project and the Installation must be accepted per approved plans prior to the issuance of a certificate of occupancy. 0 Upon tentative map/parcel map approval (subdivision only), the applicant shall comply with conditions of acceptance listed below in order for the lighting districts to pay for the future operation and maintenance of the Ll� streetlights. It is the sole responsibility of the owner/developer of the project to have all street lighting plans approved prior to the issuance of building permits. The required street lighting improvements shall be the sole responsibility of the owner/developer of the project and the installation must be accepted per approved plans prior to the issuance of a certificate of occupancy. if phasing of the project Is approved, the required street lighting improvements shall be the sole responsibility of the ownerldeveloper of the project and will be made a condition of approval to be in place for each phase. CONDITIONS OF ACCEPTANCE FOR STREET LIGHT TRANSFER OF BILLING: All required streetlights in the project must be constructed according to Public Works approved plans. The contractor shall submit one complete set of "as -built" plans. The lighting district can assume the responsibility for the operation and maintenance of the streetlights by July isl of any given year, provided all required streetlights in the project have been constructed per Public Works approved street lighting plan and energized and the ownerldeveloper has requested a transfer of billing at least by January list of the previous year. The transfer of billing could be delayed one or more years if the above conditions are not met. The lighting district cannot pay for the operation and maintenance of streetlights located within gated communities. COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS LAND DEVELOPMENT DIVISION - SEWER TRACT NO. 51644-1 Rev. Page 1/1 TENTATIVE MAP DATED 09-17-2018 EXHIBIT MAP DATED 19-17-2018 The subdivision shall conform to the design standards and policies of Public Works, in particular, but not limited to the following items: 1. The subdivider shall install and dedicate main line sewers and serve each building with a separate house lateral or have approved and bonded sewer plans on file with Public Works. 2. A sewer area study for the proposed subdivision (PC12009AS, dated 09-07-2017) was reviewed and approved. A Will Serve letter from the County Sanitation District Indicating adequate capacity exists In the trunk line and treatment plant was obtained prior to approval of the sewer area study. No additional mitigation measures are required. The sewer area study shall be invalidated should there be an increase in the total number of dwelling units, an increase in the density, dwelling units occur on previously identified building restricted lots, a change in the proposed sewer alignment, an increase in the tributary sewershed, a change in the sewer connection points, or the adoption of a land use plan or a revision to the current plan. A revision to the approved sewer area study may be allowed at the discretion of the Director of Public Works, The approved sewer area study shall remain valid for two years from the date of sewer area study approval. After this period of time, an update of the area study shall be submitted by the applicant if determined to be warranted by Public Works. 3. The subdivider shall send a print of the land division map to the County Sanitation District with a request for annexation and obtain approval prior to final map recordation.. 4. Off -site improvements are required for the proposed sewer on Casa Luna Place connecting to existing MH 70 and on A street (near Avenida Rancho Torso) connecting to existing MH 432. 5. Easements are required, subject to review by Public Works to determine the final locations and requirements. Ff?- Prepared by Pedro Romero Phone.(626) 458-4957 Date 09-20-2018 u51644-1 s-rev dmap-rnv9.doc COUNTY OF LOS ANGELES Page 111 DEPARTMENT OF PUBLIC WORKS LAND DEVELOPMENT DIVISION — WATER TRACT NO. 51644-1 _(Rev.) TENTATIVE MAP DATED 09-17-2018 EXHIBIT MAP DATED 09-17-2018 The subdivision shall conform to the design standards and policies of Public Works, in particular, but not limited to the following items: 1. A "Written Verification" and supporting documents from the water supplier to Indicate the availability of a "Sufficient Water Supply" as required per Section 66473.7 of the Subdivision Map Act (SB 221) shall be provided to the satisfaction of the Department of Regional Planning and Public Works prior to filing any map. 2. A water system (including any approved water pump stations) maintained by the water purveyor, with appurtenant facilities to serve all buildings/lots in the land division, must be provided. The system shall include fire hydrants of the type and location (both on -site and off -site) as determined by the Fire Department, The water mains shall be sized to accommodate the total domestic and fire flows. 3. If required, provide off -site water improvements to bring water to this land division to the satisfaction of Public Works. 4. Easements shall be granted to the County, appropriate agency or entity for the purpose of ingress, egress, construction and maintenance of all infrastructure constructed for this land division to the satisfaction of Public Works. Prior to obtaining the building Permit from the Building and Safety Office: 5. Submit landscape and water efficient plans for each commercial/open spacelgraded slope lot in the land division, with landscape area greater than 500 square feet, in accordance with the Water Efficient Landscape Ordinance. 6. Depict all line of sight easements on the landscaping and grading plans. 7. If necessary, install off -site recycle water mainline per landscape plans to serve this subdivision to the satisfaction of Public Works. 8. The recycled water irrigation systems shall be designed and operated In accordance with all local and State Codes as required per Section 7105.6.3 Chapter 71 of Title 26 Building Code. Prepared by Tony Khalkhali Phone 626458-4921 Date 09-27-2018 v51644.1w-mg aoe 3 ~: gong ® COUNTY OF LOS ANGELES FIRE DEPARTMENT FIRE PREVENTION DIVISION .R..� Land Development Unit 5823 Rickenbacker Road Commerce, CA 90040 Telephone (323) 890-4243, Fax (323) 890-9783 PROJECT: TR 51644 MAP DATE: September 17, 2018 Revised Map THE FIRE DEPARTMENT RECOMMENDS APPROVAL OF THIS PROJECT AS PRESENTLY SUBMITTED WITH THE FOLLOWING CONDITIONS OF APPROVAL. FINAL MAP CONDITIONS OF APPROVAL 1. Access as noted on the Tentative and the Exhibit Maps shall comply with Title 21 (County of Los Angeles Subdivision Code) and Section 503 of the Title 32 (County of Los Angeles Fire Code), which requires an all-weather access surface to be clear to sky. 2. A copy of the Final Map shall be submitted to the Fire Department for review and approval prior to recordation. 3. A construct bond is required for all private driveways within this development. Provide written verification of the posted construction bond to the Fire Department prior to Final Map clearance. 4. The private access within the development shall be indicated as "Private Driveway" on the Final Map. The required fire apparatus access, the fire lanes and turnarounds, shall be labeled as "Fire Lane" on the Final Map. Any proposed parking area, walkway, or other amenities within the private driveway shall be outside the required fire lane. Clearly delineate on the Final Map and submit to the Fire Department for approval. 5. A common access agreement is required for the private driveway since multiple units are sharing the same access. Such language shall be included in the Covenant, Conditions and Restrictions (CC&R) document and shall be submitted to the Fire Department for review prior to Final Map clearance. 6. Install 80 public fire hydrants as noted on the Tentative Map filed In our office. Provide written verification stating the required fire hydrants have been installed or bonded for in lieu of installation prior to Final Map clearance. 7. Submit a copy of the Water Improvement Plans to the Fire Department for review and approval prior to Final Map clearance. Reviewed by: Juan Padilla Date: October 2, 2018 Page 1 of 6 m COUNTY OF LOS ANGELES FIRE DEPARTMENT •a 4?: FIRE PREVENTION DIVISION Land Development Unit 5823 Rickenbacker Road Commerce, CA 90040 Telephone (323) 890-4243, Fax (323) 890-9783 PROJECT: TR 51644 MAP DATE: September 17, 2018 Revised Map 8. Convey an easement prior to recordation of Final Map to the Consolidated Fire Protection District of Los Angeles County for operation and maintenance of a hellpad on Lot 2451. Submit confirmation of completion to the Fire Department's Land Development Unit prior to Final Map clearance. PROJECT CONDITIONS OF APPROVAL This property is located within the area described by the Fire Department as "Very High Fire Hazard Severity Zone". A "Fuel Modification Plan" shall be submitted and approved prior to building permit issuance. (Contact: Fuel Modification Unit, Fire Station #32, 605 North Angeleno Avenue, Azusa, CA 91702-2904, Phone (626) 969-5205 for details). 2. All proposed buildings shall be places such that a fire lane is provided to within 150 feet of all exterior walls of the first story. This measurement shall be by an approved route around the exterior of the building or facility. Verification for compliance will be performed during the Fire Department review of the architectural plans prior to building permit issuance. 3. The on -site private driveways shall provide a minimum paved unobstructed width of 20 feet, clear to the sky. Verification for compliance will be performed during the Fire Department review of the architectural plan prior to building permit issuance. 4. The on -site private driveways for the Recreation Center Lots shall provide a minimum paved unobstructed width of 26 feet, clear to the sky. Verification for compliance will be performed during the Fire Department review of the architectural plan prior to building permit issuance. 5. Fire lanes exceeding a length of 150 feet that dead end are required to provide an approved Fire Department turnaround. All required Fire Department turnarounds shall be designed to accommodate the required fire apparatus as mentioned on the Fire Department standards due to the size of the building and shall be clearly depicted on the final design plans. Reviewed by: Juan Padilla Date: October 2, 2018 Page 2 of 6 S COUNTY OF LOS ANGELES FIRE DEPARTMENT a`4 FIRE PREVENTION DIVISION Nt Land Development Unit 5823 Rickenbacker Road Commerce, CA 90040 Telephone (323) 890-4243, Fax (323) 890-9783 PROJECT: TR 51644 MAP DATE: September 17, 2018 Revised Map 6. The gradient of the on -site private driveways shall not exceed 15 percent. Any changes in grade shall not exceed 10 percent within a 10 feet distance or 5.7 degrees. Cross slopes and required Fire Department turnarounds shall not exceed 2 percent grades. Verification for compliance will be performed during the Fire Department review of the architectural plan prior to building permit issuance. 7. Any change of direction within a private driveway shall provide a 32 feet centerline turning radius. Verification for compliance will be performed during the Fire Department review of the architectural plan prior to building permit issuance. B. All proposed bridges and elevated crossing shall be constructed and maintained in accordance with AASHTO HB-17 and designed to support a live load of 75,000 pounds as specified in the County of Los Angeles Fire Code and to the satisfaction of the Department of Public Works. Verification for compliance will be performed during the architectural plan review prior to building permit issuance. 9. All proposed vehicular gates shall be designed, constructed, and maintained in accordance with ASTM F2200 and UL 325 as specified in the County of Los Angeles Fire Code. The vehicular gates shall provide an unobstructed width not less than 20 feet when fully open. Verification for compliance will be performed during the architectural plan review prior to building permit issuance. 10. All proposed roundabout and raised medians shall provide a minimum unobstructed width of 20 feet between all raised medians/obstacles in order to provide adequate fire apparatus access. Verification for compliance will be performed during the architectural plan review prior to building permit issuance. 11. A minimum unobstructed width of 26 feet is required adjacent to the required public fire hydrant for a distance of 25 feet on each side, a total of 50 feet. Verification for compliance will be performed during the Fire Department review of the architectural plan prior to building permit issuance. Reviewed by: Juan Padilla Date: October 2, 2018 Page 3 of 6 COUNTY OF LOS ANGELES FIRE DEPARTMENT >' FIRE PREVENTION DIVISION Mw Land Development Unit 5823 Rickenbacker Road Commerce, CA 90040 Telephone (323) 890-4243, Fax (323) 890-9783 PROJECT: TR 51644 MAP DATE: September 17, 2018 Revised Map 12. Install 80 public fire hydrants as noted on the Tentative Map filed in our office. All fire hydrants shall measure 6"x 4"x 2-1/2" brass or bronze, be located to provide a minimum clearance of 3 feet around the fire hydrant, and conform to current AWWA standard C503 or approved equal. 13. The required fire flow from 75 of the public fire hydrants in the single family dwellings area for this development, if the future single family dwellings are less than 3,600 total square feet, is 1250 gallons per minute at 20 psi for a duration of 2 hours. If the future single family dwellings are 3,601 total square feet or greater, the required fire flow from these public fire hydrants can be up to 4000 gallons per minute at 20 psi for a duration of 4 hours, over and above maximum daily domestic demand. The required fire flow will be confirmed during the Fire Department review of the architectural plans or the revised Exhibit A process prior to building permit issuance. 14. The require fire flow from 5 of the public fire hydrants adjacent to the Recreation Center Lots can be up to 4000 gallons per minute at 20 psi for a duration of 4 hours, over and above maximum daily domestic demand. This fire flow may be reduced during the Fire Department review of the architectural plans or the revised Exhibit A prior to building permit issuance. 15. Fire hydrant locations and other water system requirements within the Exhibit Maps will be determined when final design plans are submitted to the Fire Department for review as architectural plans or revised Exhibit A prior to building permit issuance. 16. All required fire hydrants shall be installed, tested, and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants. 17. Parking shall be restricted 30 feet adjacent to any required public or private fire hydrant, 15 feet on each side measured from the center of the fire hydrant. Adequate signage and/or stripping shall be required prior to occupancy. 18. An approved automatic fire sprinkler system is required for proposed building within this development. Submit design plans to the Fire Department Sprinkler Plan Check Unit for review and approval prior to installation. Reviewed by: Juan Padilla Date: October 2, 2018 Page 4 of 6 �► m COUNTY OF LOS ANGELES FIRE DEPARTMENT FIRE PREVENTION DIVISION Mfr Land Development Unit 5823 Rickenbacker Road Commerce, CA 90040 Telephone (323) 890-4243, Fax (323) 890-9783 PROJECT: TR 51644 MAP DATE: September 17, 2018 Revised Map 19. All proposed gates, both vehicular and pedestrian gates, shall comply with the Fire Department's Regulation 5. Verification for compliance will be performed during final inspection of the gate prior to occupancy. 20. The driveways required for fire apparatus access shall be posted with signs stating "No Parking -Fire Lane" andlor stripped accordingly in compliance with the County of Los Angeles Fire Code prior to occupancy. 21. All proposed streets and driveways within this development shall provide approved street names and signs. All proposed buildings shall provide approved address numbers. Compliance required prior to occupancy to the satisfaction of the Department of Public Works and the County of Los Angeles Fire Code. HELISPOT CONDITIONS OF APPROVAL t. Convey an easement prior to recordation of final map to the Consolidated Fire Protection District of Los Angeles County (Fire District) for operation and maintenance of a helispot on open space lot number 2451. 2. The graded flat helipad shall be a minimum dimension of 168 feet diameter pad. 3. The hellpad shall be improved as follows: - Construct as 50 feet by 50 feet reinforced concrete pad. - Locate a fire hydrant at the helipad. - Construct a sump pit with a locking water supply with valve, and a locking drain valve to assure that the sump does not fill with water from rain or other run-off. The sump shall be 3 Y2 feet deep, 12 feet wide, by 12 feet long. The sump shall be made of steel -reinforced concrete. Its sides shall be sloped at such an angle as to prevent a fall from the edge into the sump, and the sump sides shall also be rough -stamped in such a manner to discourage activities such as skating, skateboarding, bicycling, etc., and coarse enough to provide easy egress should someone accidentally fall into the sump when full of water. - Cover remaining graded area with #2 rocks, 5 inches deep. Reviewed by: Juan Padilla Date: October 2, 2018 Page 5 of 6 w ® COUNTY OF LOS ANGELES FIRE DEPARTMENT 4•.fxs" FIRE PREVENTION DIVISION Land Development Unit 5823 Rickenbacker Road Commerce, CA 90040 Telephone (323) 890-4243, Fax (323) 890-9783 PROJECT: TR 51644 MAP DATE: September 17, 2018 Revised Map 4. The precise location, specifications, and details of these improvements shall be determined by the Air Operations Section after the site has been graded. 5. Establish Covenants, Conditions, and Restrictions (CC&Rs) which grant the Consolidated Fire Protection District of Los Angeles County (Fire District), or other agencies as agreed to by the Fire District, the exclusive use of the helipad. The CCRs shall also limit vertical obstructions such as trees, antennas, etc. within a specified radius of the site. Contact Air Operations Section at (818) 890-5755 for specific details and approval of the CC&R's. 6. Completion of the helipad shall be done prior to the issuance of the 400th building permit, or later if approved in writing by the Fire Chief of the Fire District. This is based upon 820 approved units and is subject to change if the number of approved units changes. Contact the Fire Department Air Operation Section at (818) 890- 5755 for the inspection and approval of the completed helipad. For any questions regarding the report, please contact Juan Padilla at (323) 890-4243 or Juan.Padilla@fire.lacounty.gov. Reviewed by: Juan Padilla Date. October 2, 2018 Page 6 of 6 LOS ANGELES COUNTY �'• ®: DEPARTMENT OF PARKS AND RECREATION `} 4,.,. PARK OBLIGATION REPORT ''••.,•,.-•` Tentative Map # sis44 DRIP Map Date; 0911712018 SCM Date 1010412018 Report Date 1010112018 Park Planning Area # 3sB CSD. CASTAIC AREA CSC Map Type. Tentative Map -Tract - Revised Total Units 820 = Proposed Units 820 + Exempt Units Park land obligation in acres or in -lieu fees: ACRES: 8.55 IN -LIEU FEES: $1,805,856 Seebons 2124 340 2124 350 2128 120 2128 130 and 21 23. t40, the County of Los Angeles Code Title 2t. 5obdrvis on Ordinance provide that the County will determine whether the development's park obligation is to be met by 1) the dedication of land for pub rc or private park purpose at. 2) the payment or in- eu fees or 3) the provision al amenities or any combination of the above The specific determination of how the park obligation will be satisfied will be based on the coW;Lons of approval by the achimmy agency as recommended by the Department at Parks and Recreation The Representative Land Value (RLVs) in Los Angeles County Code (LACC) Section 21.28.140 are used to calcu!Ale park fees and are adjusted annuatfy. based on changes In the Consumer Price Index_ The new RLVs become effective July 1st of each year and may app-y to ttus subdrvislon map it first advertised for hearing before wi er a hearing officer or the Regional Planning Commission on or after July 1 st pursuant to LACC Section 21 28 140 subsection 3 Accordingly the park fee in this report is subject to charge depending upon when the subdrvisan A first advertised for public hearing The Fark obligation for this development will be met by: The dedication of 12 acres for private park. Trails: See also attached Trail Report Comments: Phase A of Tract Map 51644 provided 13.4 acres of parkland which was 3 84 acres above the required acreage of 9 56 in the Paris Obligation Report dated October 21, 2010. This excess of 3.48 acres will be applied to the current acre obligation of 8.34, reducing the obligation to 4.86 acres, Based on the Department's review of the subdivision map dated December 12. 2017, the project is proposing a total of 12 0 acres of developed private parkland on twelve (12) numbered lots. This amount of private parkland is sufficient to fulfill the project's remaining Quimby Obligation of 4.4 acres. Please see attached table of private parkland that will fulfill the remaining Quimby Obligation. For further information or to schedule an appointment to make an In-fieu fee payment: Please contact Clement Lau at (626) 58&5301 or Loretta Quach at (626) 588-5305 Department of Parks and Recreation.1000 S Fremont Avenue, Unit #40. Building A-9 West, 3rd Floor. Alhambra, California 91803 BY Kathline J. King, Chief bf-Planning SD-5 October 01 2018 Tentative Map # 51644 Park Planning Area # 358 LOS ANGELES COUNTY DEPARTMENT OF PARKS AND RECREATION PARK OBLIGATION WORKSHEET 0 SCM Dale 1010412018 Report Date 10101/2018 Map Type Tentative Map -Tract- Revised The formula for calculating the acreage obligation and or in4ieu fee is as follows (P)eople x (0.0030) Ratio x (U)nits - (X) acres obligation (X) acres obligation x RLV1Acre = In -Lieu Base Fee DRIP Map Dale 0911712018 CSD CASTAIC AREA CSD Where P = Estimate of number of People per dwelling unit according to the type of dwelling unit as determined by the U.S. Census Ratio = The subdivision ordinance provides a ratio of 3.0 acres of park land for each 1000 people generated by the development. This ratio Is calculated as "0 0030" in the formula U a Total approved number of Dwelling Units. X = Local park space obligation expressed in terms of acres RLV1Acre = Representative Land Value per Acre by Park Planning Area Total Units 820 = Proposed Units 820 + Exempt Units Park Planning Area = 35B Typo of dwelling unit People ` Ratio 3.0 Acres/ '1000 People Units Units � Acre Obligation Detached S.F. Units 3.43 0.0030 696 7.16 M F -c 5 Units 3.72 0.0030 124 1.30 M F — 5 Units 2.74 1 0.0030 0 0.00 Mobile Units 2.81 1 0.0030 0 0.00 Exempt Units a 0.00 TOTAL 820 8.55 Ratio Acre Obligation RLV / Acre In -Lieu Base Fee (0 0030) 855 $211 320 s1,eas,858.19 Lot# Provided Space Pmvlded Acres Credit(%) Acre Credit 0 private park 1200 100.0D% 1200 Total Provided Acre Credit: 12.00 Acre ObHgatlon Public Paris Credit Net Obligation RLV / Acre In-Lleu Fee titre 855 1200 3 45 $211.320 $0.00 SD-5 October 01.2018 TR51644 private Parkland Lot* Provided Space Provided Acres Credit (%) Acne Credit Land 2472 Private Park - Community Park 1.1 200% 1.1 Private 2471 Private Park - Outpost North GA 100% 0.4 Private 2470 Private Park -The Gardens 0.9 100% 0.9 Private 2469 Private Park - Outpost West 0.6 100% 0.6 Private 2468 Private Park - Contour Park 1.8 100% 1.8 Private 2454 Private Park - Neighborhood Park 1 0.2 100% 0.2 Private 2452 Private Park - Neighborhood Park 2 0.1 200% 0.1 Private 2456 Private Park - Neighborhood Park 3 0.2 100% 0.2 Private 2467 Private Park - Summit Park 0.1 100% 0.1 Private 2466 Private Park - Outpost South 0.5 100% 0.5 Private 2473 Private Park - Senior Rec Center 2.3 100% 2.3 Private 2457 Private Park -Age Qualified Rec Center 3.8 300% 3.8 Private Total Provided Acre Credit 12.0 COUNTY OF LOS ANGELES DEPARTMENT OF PARKS AND RECREATION �M "Parks Make Life Betterf" John Wicker, Director Norma E. Garcia, Chief De October 1, 2018 TO. Ms. Marie Paulovic, Senior Planning Assistant Department of Regional Planning Land Divisions Section FROM: Kathline J. King, Chief of Planning Department of Parks and Recreation 67 Planning Division Director SUBJECT: NOTICE OF TRAIL CONDITIONS FOR REVISED VESTING TENTATIVE TRACT MAP #51644-1 (MAP RECEIVED BY REGIONAL PLANNING ON SEPTEMBER 17, 2018) The Department of Parks and Recreation (DPR) has completed the trail review of Revised Vesting Tentative Tract Map No. 51 B44-1. The proposed Cliffie-Stone Trail, Cliffie-Stone Extension Trail, San Francisquito Trail, Charlie Canyon Trail, and Tapia Canyon Trail alignments, as shown on subject map sheet #8 Conceptual Master Trails Plan, are approved. DPR Is requiring the Subdivider to dedicate a twelve -foot (12) wide trail easement and construct a variable -width eight -foot (8) to ten foot (10') wide multi- use (hiking, mountain biking, and equestrian) trail adjacent to proposed streets -A" and "E", and dedicate a minimum twenty -foot (20') wide trail easement over existing trails within the open space lots (not adjacent to proposed streets), dedicate an overlay easement within the trail staging/rest area, and construct trail staging/rest area per condition #11a to the satisfaction of the DPR. DPR trail conditions and trail staging/rest area conditions of map approval shall be satisfied by the Subdivider after issuance of grading permit, though prior to issuance of the first building permit: 1. Subdivider shall dedicate a twelve -foot (12') wide multi -use trail easement for the section of CI'ifi-ie-Stone Trail adjacent to "A" and "E" Streets and construct a variable -width eight -foot (8') to ten -foot (10') wide decomposed grantee surface trail up to the northern boundary of lot #2435 (1.9-acre debris basin), as shown on map sheet five (5) of ten (10). 2. Subdivider shall dedicate a twenty foot (20') wide multi -use trail easement for a segment of the Cliffle-Stone Trail northeast of lot #2435, and twenty -foot (20') wide multi -use trail easement for the Cliffie-Stone Extension Trail, San Planning and Development Agency -1000 S. Fremont Avenue, Unit R40, Alhambra, CA 91803 - (626) 508.5322 Ms. Marie Paulovic October 1, 2018 Page 2 Francisquito Trail, Charlie Canyon Trail, and Tapia Canyon Trail, as shown on subject map not adjacent (contiguous) to proposed roadways within the graded slope areas and within the proposed open space lots 2474, 2475, 2476 and 2477, as shown on map sheets two (2), three (3), four (4), six (6), eight (8) of ten (10). • Subdivider is responsible to construct the segment of trail within the twenty foot (20') wide multi -use trail easement, which meanders across proposed graded slopes. See sheet four (4) and six (6) of ten (10), east and northeast of "E" Street. • Subdivider is responsible to construct portions of trail within any section of the existing trail, that is found to be unsafe/unusable within the proposed twenty400t (20') wide multi -use easements. • Subdivider Is responsible to provide lodgepole fencing per specifications within condition #10b on each side of the Ciiffie-Stone Trail adjacent to "A" and •E" streets and at each side of the public trail access between lot #2137 and lot #2136. • Subdivider is responsible to provide Cliffie-Stone Trail public access at the intersection of "A• and "E" streets, It cul-de-sac, HH cul-de-sac, and along the east side of the debris basin access road between lot #2137 and lot #2136 with use of a minimum eight (a) wide recorded trail easement to the County with natural soil trail tread. • Subdivider is responsible develop an offsite trail staging area (0.2-acre) adjacent to the existing Cliffie-Stone Trail and south of lot #2444, as shown on map sheet five (5) of ten (10). • Provide a draft trail staging/rest area plan with amenities listed within condition #11 a. Provide the draft site plan to DPR for review and approval, prior to construction of said area. 3. The required trail easements shall be recorded via separate instrument, prior to final map recordation. Trail recordation deed number(s) and trail alignments must be displayed appropriately on final map sheets. • Upon request, DPR will provide a trail easement recordation template. 4. Full public access shall be provided in perpetuity for the multi -use trail. Ms. Marie Paulovic October 1, 2018 Page 3 5. Easement dedication(s) must be outside the public road right-of-way unless approved by the Department of Public Works (DPW). 6. Subdivider shall include the DPR in the transmittal of the project grading plan to Regional Planning, which should include trail grading information. The trail grading information shall conform to the County of Los Angeles Trails Manual (Trails Manual) and any applicable County codes, including but not limited to the following: • Cross slope gradients on trail not to exceed four percent four percent (4%) with two percent (2%) preferred, and longitudinal (running) slope gradients not to exceed twelve percent (12%) for more than fifty feet (501) unless approved by DPR. • Typical trail -section view(s) to include: ■ Width and name of trail ■ Longitudinal (running) gradients ■ Cross slope gradients • Bush hammer (or equivalent rough finish) at minimum width of eight feet (8') for roadway fd concrete surface) trail surface crossings to provide traction and increase trail user safety. • Appropriate retaining walls, as needed within the proposed graded slope areas to sustain trail tread. 7. Lodgepole fencing required (see condition #10b lodgepole fencing specifications) within both sides of the twelve foot (12') wide multi -use trail easement along "A" and "E" Street unless directed otherwise from DPR. Eight foot (81 minimum width of trail is recommended when lodgepole fencing is installed on each side of trail. • Trail fencing is required to delineate trail boundary and increase trail user safety, where trails are adjacent to streets and access proposed streets. • Minimum sixteen foot (16') length of fencing is required on each side of the trail prior to entering any proposed street, as shown on map sheet four (4) of ten (10) between lot 2111 and lot 2112, and six (6) of ten (10) between lot 2136 and lot 2137. B. Curb -cuts may be required at public trail access points between lot 2111 and lot 2112, and between lot 2136 and lot 2137. Ms. Marie Paulovic October 1, 2018 Page 4 9. After project trail grading plan approvals, but prior to building permit issuance, the Subdivider shall: a. Submit a preliminary construction schedule showing milestones for completing the trail. Provide updated trail construction schedules, as needed, to DPR monthly. b. Stake the centerline of the trail and then schedule a site meeting with DPR's Trails Planning Section Planner for trail alignment inspection and approval. 10. Construction of trail, staging/rest area, and installation of lodgepole fencing: a. Cliffie-Stone Trail: Trail is adjacent to "A" and "E" Streets: Construct the variable -width eight -foot (8') to ten (10) foot wide decomposed granite surface trail within the twelve -foot (12) wide dedicated easement in a manner consistent with the Trails Manual. The Trails Manual is available at http://trails.lacounty.gov. Oul-slope of trail tread is 2% to 4% with trail running grade at 5%, or up to 8% for <100' or 12% for <50'. Significant deviation from the design guidelines in the Trails Manual must be reviewed and approved by DPR. See Chapter 4: "Trail Design Classification Guidelines," for trail construction guidelines and/or contact Trails Planning Section Planner for guidance. b. t-odgepole Fencing: Pine posts treated with Alkaline Copper Quaternary (ACQ) wood preservative. Vertical posts are seven feet V') in height by six and one-half inch (6'/2) diameter. The posts have two (2) holes at eighteen inches (181 on center and top rail is six Inches (61 from post top to the centerline of rail hole. The rails are also ACQ treated and they are eight feet (8') in length by four and one-half inches (4'/2") in diameter with beveled ends. The posts are installed fifty-four Inches (54') above grade and thirty inches (30") below grade. Posts are set in three quarter inch e14") aggregate base layer at eighteen inches (18") deep with four inches (4!) of compacted earth as top layer. Comparable fencing of different material, shape and size to match the existing Cliffie-Stone Trail fencing may be substituted with approval from DPR. Ms. Marie Paulovic October 1, 2018 Page 5 11. Trail Staging/Rest Area: a. Provide a site plan and construct the trail stagingtrest area to Include, but not be limited to, the following specifications and amenities: • Decomposed granite base with binder across surface area. • Perimeter lodge -pole fencing per condition 10b. specifications. • Low wall to mask area from street traffic view. • Landscaped areas surrounding the area. • Minimum two (2) large steel horse ties. • One (1) stainless steel horse drinker near horse ices. • One (1) drinking fountain designed for both human and dog consumption of potable water. • Minimum one (1) steel shade structure. • Minimum one (1) steel picnic table (must be secured to ground). • Various large local natural boulders with flat tops at various heights in lieu of benches. • Trail lGosk with roof per DPR specifications. 12. Notify DPR within five (5) business days of trail construction completion, including installation of all required lodgepole fencing for a, "Final Trail Inspection". The Final Trail Inspection is required to obtain DPR approval and ensure the trail and fencing follow the trail construction guidelines within the Trails Manual. If any portions of the constructed trail and fencing are not conforming, they shall be corrected and brought into compliance within thirty (30) calendar days. The Subdivider shall then contact DPR to schedule another site Inspection. 13. Prior to DPR's final acceptance of the constructed Cliffie-Stone Trail and other trail alignments, as needed the Subdivider shall: a. Submit electronic copies on CD (AutoCAD) of the as -built trail grading/construction drawings to the DPR's Trails Planning Section. b. Submit a letter to DPR requesting acceptance of the dedicated constructed trail, trail fencing, and staging/rest area. DPR will then issue an acceptance letter only after receiving a written request for final trail and staging/rest area approval, Including as -built trail drawings. c. Note: DPR will install appropriate trail signage Including trail mile markers and Is responsible for trail maintenance after final trail acceptance. Ms. Marie Paulovic October 1, 2018 Page 6 For any questions concerning the trail alignment or conditions of approval, please contact Park Planner, Robert Ettleman at (626) 588-5323 or by email at rettleman@parks.lacounty.gov. KK:MO:FLE,nr e: BLC Tesoro LLC (J. Patterson) Sikand Engineering (R. Gaur) Parks and Recreation (A. Bokde, M. O'Connor, C. Lau, L Quach, R. Ettiernan) Co LM •�� �- COUNTY OF Los ANGELES X Public Health HEALTH AaWy • �+1ROLM'►• RARRAIIAFERRM rs.o.. NVJi. 1L[A. o-W= BOARD OF SUt'BRMMS JEFFR" ER. O.CUMMNNAOSMZ MPJL ft � n-.M Olm HRda L. Soth CYNTMA & 11AMM IMP.1L FiRt Dah1d el.dtlal-.7a.es Um%Rway Thom" AMMOJ. @CUOMO. RZft WP Second Wind o.wya..dw br ".M PW Shona Kuehl Thin? Astlket 1[RRI tL rw,� "�, RlNt OnW dEnwei.tinfdH&. Janke Halm ORENOA J. LOFJZ Rolle Foue41 am+d Awam Or.Ca dEnw%r.n-,W N--0 Kathryn WM*r FM [k%W cau� oil" SnSOfa.mnw Onr-O-M.n P.e MW111436577+-FAY(820t i }sa; October 1, 2018 TO: Marie Plavlovic Regional Planner Department of Regional Planning FROM: Vincent Gallegos, REH5 Environmental Health Division Department of Public Health SUBJECT. TT 51644-1 91 Revision, revised map for the Tesoro Det Valle Project The Department of Public Health — Environmental Health Division has reviewed the 9th revision, revised map. Project has submitted an SB610 WSA for water availability dated August 2017. Departmental clearance remains in force. If you have any questions regarding the above, please contact Vincent Gallegos, Land Use Program at (626) 430-5380 or ygallegosg2ph.lacounty.gov If ..•CAilFORts�A June 25, 2020 Los Angeles County Department of Regional Planning Pianning for the Challenges Ahead Mr. Schlesinger 100 Bayview Circle, Suite 240 Newport Beach, CA 92660 Dear Mr. Schlesinger: p�6�4�r'I C6L�d 4 P 2 hr ligEGib�Fy Amy J. Bodek, AICP Director of Regional Planning Dennis Slavin Chief Deputy Director, Regional Planning PROJECT NO. 92074 — (5) AMENDMENT TO REVISED VESTING TENTATIVE TRACT MAP NO. 51644-1 UNDEVELOPED PROPERTY NORTH OF TESORO ADOBE HISTORIC PARK, SANTA CLARITA Hearing Officer Patricia Hachiya, by her action of June 23, 2020, has approved the above -referenced project. Enclosed are the Hearing Officer's Findings and Conditions of Approval. Please carefully review each condition. This approval is not effective until the appeal period has ended and the required documents and applicable fees are submitted to the Regional Planning Department (see enclosed Affidavit of Acceptance Instructions). The applicant or any other interested persons may appeal the Hearing Officer's decision. The appeal period for this project will Appeals: end at 5:00 p.m. on July 6, 2020. For instructions on how to file an appeal online, please email Senior Regional Planner Elsa Rodriguez at erodriguez(a)planning.lacounty.gov before the end of the appeal period. Upon completion of the appeal period, the notarized Affidavit of Acceptance and any applicable fees must be submitted to the planner assigned to your case. Please make an appointment to ensure that processing will be completed in a timely manner. Failure to submit these documents and applicable fees within 60 days will result in a referral to Zoning Enforcement for further action. In addition, any applicable California Environmental Quality Act fees for the Department of Fish and Wildlife shall be paid, and a Notice of Determination, if applicable must be filed with the County Clerk according to the instructions with the enclosed Affidavit of 320 West Temple Street • Los Angeles, CA 90012 • 213-974-641 1 • TDD: 213-617-2292 a D Q (4),LACDRP I planning. lacounty.gov Mr. Schlesinger June 25, 2020 Page 2 Acceptance. A Notice of Exemption, if applicable, may also be filed according to the instructions in the enclosed Affidavit of Acceptance. For questions or for additional information, please contact Marie Pavlovic of the Land Divisions Section at (213) 974-6433, or mpavlovic@planning.lacounty.gov. Sincerely, AMY J. BODEK, AICP Director of Regional Planning t-A Joshua Huntington, Supervising Regional Planner Land Divisions Section JH:MP Enclosures: Findings, Conditions of Approval, Affidavit of Acceptance (Permittee's Completion), CP_06.23.20_Final Approval AFFIDAVIT OF ACCEPTANCE INSTRUCTIONS Please read carefully. Failure to follow these instructions may result in the delay of your approved site plan and building permits. After the termination of the appeal period (10 days after the action date), proceed with the following instructions if you have not been notified that an appeal has been received. Sign the "Affidavit of Acceptance" form in the presence of a notary and have the notary attach an acknowledgement. Both the applicant and owner lines must be signed on the form, even if they are the same person. 2. Make an appointment with the assigned case planner to submit the following items: • Original "Affidavit of Acceptance" form (with wet signature). 3. Submit the aforementioned items in person (do not mail). At your final appointment, you will receive a copy of the approved site plan, and approved plans will be routed to the Department of Public Works, Building and Safety, as applicable. For questions or for additional information, please contact the planner assigned to your case. Our office hours are Monday through Thursday, 7:30 a.m. to 5:30 p.m. We are closed on Fridays. CC.060412 STATE OF CALIFORNIA COUNTY OF LOS ANGELES Please complete and return to: Department of Regional Planning 320 West Temple Street, 13th Floor Los Angeles, California 90012 AFFIDAVIT OF ACCEPTANCE }ss REGARDING: PROJECT NO. 92074-(5) AMENDMENT TO REVISED VESTING TENTATIVE TRACT MAP NO. 51644-1 (RPPL2019006472) LOCATION: NORTH OF TESORO ADOBE HISTORIC PARK, CASTAIC CANYON ZONED DISTRICT APN(S): SEE ATTACHED EXHIBIT "A" I/We the undersigned state: I am/We are the permittee of the above -mentioned permits and/or owner of the real property described above (on Exhibit "A', attached hereto). I am/We are aware of, and accept, all the stated Conditions of Approval for the above -mentioned permit(s). day of Executed this I/We declare under the penalty of perjury that the foregoing is true and correct. Complete both Applicant and Owner sections, even if the same. Signatures must be acknowledged by a Notary Public. Affix seal or appropriate acknowledgements. Applicant's Name: Address: City, State, Zip: Signature: Owner's Name: Address: City, State, Zip: Signature: ,20 CC.060412 Exhibit "A" ATTACHMENT "A" Assessor Parcel Numbers: 3244-159-34 3244-161-18 3244-159-46 portion 3244-161-19 3244-160-17 3244-161-20 3244-160-18 3244-161-21 3244-160-19 3244-161-22 3244-160-20 3244-161-23 3244-160-21 3244-162-01 3244-160-22 3244-162-02 3244-160-23 3244-162-03 3244-160-24 3244-162-04 3244-160-25 3244-162-05 3244-161-01 3244-162-06 3244-161-02 3244-163-03 3244-161-03 3244-163-04 3244-161-04 3244-163-05 3244-161-05 3244-163-06 3244-161-06 3244-163-07 3244-161-07 3244-164-01 3244-161-08 3244-164-02 3244-161-09 3244-164-03 3 244-161-10 3244-164-04 3244-161-11 3244-164-05 3244-161-12 3244-164-06 3 244-161-13 3244-164-07 3 244-161-14 3244-164-08 3244-161-15 3244-164-09 3244-161-16 3244-161-17 X:lAdmin15D9315093-02355093 023.05%5093.023-05E - Tr. 516441PlanningSTentative Tract Map No. 516445Applications and fdings15093-023-05E - Land Div App - Attachment A 4-19-1 fi.pdt-docx LOS ANGELES COUNTY DEPARTMENT OF REGIONAL PLANNING FINDINGS OF THE HEARING OFFICER AND ORDER PROJECT NO. 92074-(5) AMENDMENT TO RVTTM NO. NO. 51644-1 RECITALS HEARING DATE(S). The Los Angeles County ("County") Hearing Officer ("Hearing Officer"), Patricia Hachiya, conducted a duly -noticed public meeting on June 23, 2020 in the matter of an Amendment to Revised Vesting Tentative Tract Map No. 51644-1 ("Amendment"). 2. ENTITLEMENT(S) REQUESTED. The subdivider, BLC Tesoro, LLC ("subdivider"), requests an Amendment to the Revised Vesting Tentative Tract Map No. 51644-1 ("RVTTM 51644-1 ") to adjust grading pad elevations; realign the access road to debris basin lots, water tank lots, and the helipad lot; adjust lot lines; modify retaining walls; create new retaining walls; modify the grading boundary and grading quantities; modify open space amount; create additional open space lots; create an oil well lot; relocate the gate on "E" Street closer to the intersection of "E" and "A" Streets; modify large lot parcel map boundaries; modify the unit phasing configuration and sequencing; and update lot numbers and area summary. The RVTTM was approved by the Regional Planning Commission ("Commission") on November 7, 2018to create 811 lots: 696 single-family residential lots; nine multi- family residence lots developed with 124 detached condominium units; 15 debris basin lots; 12 water quality basin lots; three water tank lots; one helipad lot; five senior recreation area lots; one senior recreation center lot; six linear park lots; nine private park lots; one private recreation center lot; 29 open space lots; and 24 private driveway/private and future street lots on approximately 1275 acres. The Commission also approved an Oak Tree Permit ("OTP") and Conditional Use Permit ("CUP"). The OTP authorizes the removal of 11 oak trees and encroachment into the protected zone of one oak tree. The CUP authorizes a residential density -controlled development ("DCD") in a Hillside Management Area ("HMA") and Significant Ecological Area ("SEA"), and grading of more than 100,000 cubic yards in conjunction with the RVTTM. The three entitlements constitute the project permits. 3. LOCATION. The project is located east of Interstate 5 Freeway ("1-5") within the eastern portion of the Santa Clarita Valley, adjacent to the City of Santa Clarita. The project site is adjacent to, and northwesterly of, the mostly constructed Phase A of the Tesoro del Valle development, just north of Avenida Rancho Tesoro and west of Casa Luna Place. The Angeles National Forest is approximately 3,000 feet north of the northernmost project boundary, and Castaic Lake is approximately two miles to the northwest. PAGE 1 OF 8 PROJECT NO. 92074-(5) AMENDMENT TO RVTTM NO. NO. 51644-1 (RPPL2019006472) EXHIBIT B FINDINGS PAGE 2 OF 8 4. LAND USE DESIGNATION. The project site is located within the H2 (Residential 2 — Two Dwelling Units per Acre), RL5 (Rural Land 5 — 1 Dwelling Unit per 5 Acres), and RL 10 (Rural Land 10 -1 Dwelling Unit per 10 Acres) land use categories of the 2012 Santa Clarita Valley Area Plan's Land Use Policy Map. 5. ZONING. The Project Site is located in the Castaic Canyon Zoned District and is presently zoned R-1 (Single -Family Residence - 5000 Square Feet Minimum Required Lot Area), A-2-2 (Heavy Agricultural — Two Acre Minimum Lot Size), and RPD-20,000- 2.8U (Residential Planned Development - 20,000 Square Feet Minimum Lot Size - 2.8 dwelling units per acre). 6. PROJECT AND SITE PLAN DESCRIPTION. A. Existing Site Conditions The project site has four water tanks on two graded pads but is otherwise undeveloped. The irregularly shaped project site is approximately 1275 gross acres in size and consists of 54 lots. It is located within an HMA and consists of moderately steep to steep terrain in the central, western, and northern portions of the property, leveling off towards the east along the bottom of San Francisquito Creek. The SEA 20 (Santa Clara River) crosses the most northwesterly portion of the project site within Area C. The proposed development is located outside of this SEA. B. Site Access The project Site is accessible via Avenida Rancho Tesoro and Casa Luna Place by way of Tesoro Del Valle. Both Avenida Rancho Tesoro and Tesoro Del Valle are 84-foot wide public streets that connect to Copper Hill Drive, a 110-foot-wide major highway. C. Amendment to the RVTTM The Amendment to the RVTTM dated April 28, 2020 depicts 863 lots: 696 single- family residence lots and nine multi -family residence lots developed with 124 detached condominium units totaling 820 dwelling units; 16 debris basin lots; 11 water quality basin lots; three water tank lots; one helipad lot; five senior recreation area lots; one senior recreation center lot; eight linear park lots; one oil well lot, nine private park lots; one private recreation center lot; 71 open space lots; and 30 private driveway/private and future street lots on 1,274.9 acres. The development would be served by a main public loop road that is provided by extending the existing Avenida Rancho Tesoro Road and Casa Luna Road. The SEA boundary is delineated across the northeaster portion of the project site. The adopted Cliff ie Stone Trail parallels Avenida Rancho Tesoro to "E" Street and continues northeast. PROJECT NO. 92074-(5) AMENDMENT TO RVTTM NO. NO. 51644-1 (RPPL2019006472) EXHIBIT B FINDINGS PAGE 3 OF 8 D. Internal Circulation The development would be served by a main public loop road that is provided by extending the existing Avenida Rancho Tesoro Road and Casa Luna Road. All 365 senior citizen housing units are proposed to be located south of the loop road and to be served by private and future streets with two gated access points. Dwelling units located north of the loop road will be served by three gated access points while the 109 single-family lots located east of the Avenida Rancho Tesoro extension will have unrestricted access. 7. PUBLIC COMMENTS. A letter dated June 23, 2020 was received from the Fernandeno Tatavium Band of Mission Indians in support of the project. An email was also received from a Tesoro resident on June 18, 2020 inquiring about neighborhood trails access. 8. AGENCY RECOMMENDATIONS. A. Los Angeles County Subdivision Committee: Recommended clearance to public hearing with conditions regarding the Amendment to the RVTTM dated April 28, 2020. B. Santa Clarita Valley Water Agency issued a Water Availability Letter on April 17, 2020. 9. CEQA DETERMINATION. Addendum to the Supplemental Environmental Impact Report Prior to the Hearing Officer's public hearing on the project, an Addendum to the Supplemental Environmental Impact Report ("SEIR") was prepared for the project in compliance with the California Environmental Quality Act (Public Resources Code section 21000, et seq.) ("CEQA"), the State CEQA Guidelines, and the Environmental Document Reporting Procedures and Guidelines for the County. Regional Planning staff has determined that an Addendum to the SEIR is appropriate for documenting minor changes to the RVTTM as the changes do not meet the conditions described in Section 15162 calling for the preparation of a subsequent SEIR pursuant to Section 15164 of the Public Resources Code (Guidelines for the California Environmental Quality Act). The project changes do not intensify the use or alter any mitigation measures of the previously adopted Mitigation and Monitoring and Reporting Program ("M M RP"). AMENDMENT TO VESTING TENTATIVE TRACT MAP FINDINGS 10. The Hearing Officer finds that the project is consistent with the standards identified in County Code Section 21.32.195 (On -site Trees) as the project is conditioned to provide one street tree that is a native or non-invasive species that will not hybridize with native species for every 25 feet of lot frontage. PROJECT NO. 92074-(5) AMENDMENT TO RVTTM NO. NO. 51644-1 (RPPL2019006472) EXHIBIT B FINDINGS PAGE 4 OF 8 11.The Hearing Officer finds it is appropriate to adjust lot lines and pad elevations as depicted on Amendment to the RVTTM dated April 28, 2020. Modifications were made to pad elevations as the approved VTTM used aerial topography at a 2-foot contour interval level. New aerial topography, at a 1-foot contour interval level, was used to engineer detailed rough grading plans. The more detailed engineering resulted in a revised grading boundary, revised pad elevations in connection with revised street grading to meet road standards for landings, realignment of access roads for debris basin lots, water tank lots, and the helipad lot. Pad elevations for the senior multi -family lots were also raised to balance the earthwork and eliminate the import or export of material. 12. The Hearing Officer finds that due to accuracy resulting from the usage of more detailed aerial imagery, supported by field measurements, and more detailed grading design in preparing rough grading plans it is reasonable to increase the grading footprint from 393.6 acres to 397.7 acres. In doing so, 1,031.8 acres of open space will be provided which exceeds the minimum open space requirement of 70% of the net project site. 13. The Hearing Officer finds that it is suitable to allow modification to approved retaining walls and the creation of new retaining walls as the detailed aerial imagery, supported by field measurements, used to prepare the rough grading plan resulted in greater topographical accuracy. As a result of grading and pad changes, retaining walls were eliminated and added, including a retaining wall at the upper water tank in order to redesign the upper tank area and access to the tanks and a mechanically stabilized earth wall was added at the toe of the manufactured slope to protect an existing oak tree grove on the east side of "E" Street. 14. The Hearing Officer finds that it is reasonable to adjust unit phasing with resequencing of phases as depicted on the Amendment to the RVTTM dated April 28, 2020 to enable construction of lots at the lowest elevations of the project first which increases the efficiency of the grading operation. 15. The Hearing Officer finds that it is necessary to create additional open space lots to separate the manufactures slopes from the natural open space lots (PM82721 Lot No. 1 and PM82721 Lot No. 2). The resulting undisturbed natural open space lots contain 771.4 acres which represents 61 % of the project site. The Hearing Officer finds that it is suitable to provide 771.4 acres as undisturbed natural open space which represents 61 % of the project site. 16. The Hearing Officer finds that it is necessary to create 42 additional open space lots for a total of 71 lots due to changes to the debris basin lot and water quality lots, to meet road line of sight requirements, and to provide for a neighborhood trail connection between "G" and "H" Street cul-de-sacs. The approved RVTTM shows an unidentified lot between "G" and "H" Streets which was intended to serve as a PROJECT NO. 92074-(5) AMENDMENT TO RVTTM NO. NO. 51644-1 (RPPL2019006472) EXHIBIT B FINDINGS PAGE 5 OF 8 neighborhood trail connection between the two street cul-de-sacs, but a lot description and lot number assignment were inadvertently omitted. Therefore, the trail connection has been added to the Amendment Map. 17. The Hearing Officer finds that it is appropriate to create oil well Lot No. 2577 to separate the abandoned oil well from the residential lot. The oil well lot will be owned and maintained by the HOA. 18. The Hearing Officer finds that it is necessary to label Lot No. 2421 as a detention basin lot instead of a debris basin lot to correct a lot description error. 19. The Hearing Officer finds that it is necessary to create two new Lot Nos. 2447 and 2527 over existing debris basins so that the facility lots may be transferred to the Los Angeles County Flood Control District. 20. The Hearing Officer finds it is necessary to alter the layout of existing water tank Lot No. 2449 to accommodate a new pump station and transformer. 21. The Hearing Officer finds it is necessary to relocate the water mains from "A" Street to the Cliffie Stone Trail because "A" Street already accommodates two storm drain mains, a water quality storm drain line and a sewer main, leaving little room for the two water mains. 22.The Hearing Officer finds that all streets behind gates that are not a part of the senior villas condominium developments shall be reflected on the recorded final maps as private and future streets because lots must have public street frontage. Since private and future streets are designed and constructed to public street standards, they are acceptable as public street frontage. 23. The Hearing Officer finds that it is suitable to revise the intersection of "XV and "B" Streets from roundabout to knuckle because the intersection of "XV and "B" Street does not conform to roundabout design standards as approved on the VTTM. 24. The Hearing Officer finds that it is appropriate to revise details and geometrics of the gates at "B" and "XV Streets to address the Department of Public Works comments. 25. The Hearing Officer finds that it is reasonable to relocate the gate on "E" Street closer to the intersection of "A" and "E" Streets. The gate on "E" Street was relocated because the original gate location on the approved VTTM was not visible from "A" Street and the street profile of "E" Street did not meet the road standards for landing lengths. PROJECT NO. 92074-(5) AMENDMENT TO RVTTM NO. NO. 51644-1 (RPPL2019006472) EXHIBIT B FINDINGS PAGE 6 OF 8 26. The Hearing Officer finds that all conditions of Revised Vesting Tentative Tract Map ("RVTTM") No. 51644-1 and 1999 VTTM Conditions of Approval, excluding Condition No. 14, shall continue to apply, unless specifically modified by this approval. ENVIRONMENTAL FINDINGS 27.After consideration of the Addendum to the SEIR, together with the comments received during the public review process, the Hearing Officer finds on the basis of the whole record before it that there is no substantial evidence that the project as conditioned will have a significant effect on the environment, and further finds that the Addendum reflects the independent judgment and analysis of the Hearing Officer. The project is consistent with the Area Plan and General Plan. The project consists of minor modifications to a previously approved project that includes but not limited to, adjusting lot lines, pad elevations, adjusting retaining wall heights and locations, adding new retaining walls, modifying access alignments, etc. The modifications do not introduce new impacts and the same number of dwelling units are maintained. The project development footprint is located wholly outside of the SEA, complies with the Subdivisions Code regarding wildfire access, and incorporates hillside design techniques to ensure that the development preserves and enhances the physical integrity and scenic value of hillsides and its surroundings. ADMINISTRATIVE FINDINGS 28. HEARING PROCEEDINGS. A duly noticed public hearing was held on June 23, 2020 before the Hearing Officer. The Hearing Officer and staff clarified the agenda item is a Discussion/Possible Action item rather than a Public Hearing item and that public testimony is accepted for these items. The applicant's representative, Michael Schlesinger, presented testimony in favor of the request. The applicant responded to the email inquiry, dated June 18, 2020, by a Tesoro resident regarding neighborhood trail access, in which Mr. Schlesinger indicated residents would have access to neighborhood trails in addition to the Cliffie Stone County trail. The Hearing Officer did not have any questions for staff or the applicant. There being no further testimony, the Hearing Officer closed the public hearing and approved the Addendum to the Final SEIR along with the project, subject to the attached conditions. 29. LEGAL NOTIFICATION. The Hearing Officer finds that pursuant to Subdivision and Zoning Ordinance Interpretation No. 2016-2 Amendment Map and Revised Map Criteria, dated January 28, 2016, the community was properly notified of the public meeting by property posting. Additionally, the project was noticed and case materials were available on the Regional Planning's website. 30. LOCATION OF DOCUMENTS. The location of the documents and other materials constituting the record of proceedings upon which the Hearing Officer's decision is PROJECT NO. 92074-(5) AMENDMENT TO RVTTM NO. NO. 51644-1 (RPPL2019006472) EXHIBIT B FINDINGS PAGE 7 OF 8 based in this matter is at the Los Angeles County Department of Regional Planning, 13th Floor, Hall of Records, 320 West Temple Street, Los Angeles, California 90012. The custodian of such documents and materials shall be the Section Head of the Land Divisions Section, Department of Regional Planning. BASED ON THE FOREGOING, THE HEARING OFFICER CONCLUDES THAT: 31. The Hearing Officer finds that the project is consistent with the standards identified in County Code Section 21.32.195 (On -site Trees). 32.The Hearing Officer finds it is appropriate to adjust lot lines and pad elevations as depicted on Amendment to the RVTTM dated April 28, 2020. 33. The Hearing Officer finds that it is reasonable to increase the grading footprint from 393.6 aces to 397.7 acres. 34. The Hearing Officer finds that it is suitable to allow modification to approved retaining walls and the creation of new retaining walls. 35. The Hearing Officer finds that it is reasonable to adjust unit phasing with resequencing of phases as depicted in the Amendment to the RVTTM dated April 28, 2020. 36. The Hearing Officer finds that it is necessary to create 42 additional open spaces lots for a total of 71 lots. 37. The Hearing Officer finds that it is appropriate to create oil well Lot No. 2577 to separate the abandoned oil well from the residential lot. 38. The Hearing Officer finds that it is necessary to label Lot No. 2421 as a detention basin lot. 39. The Hearing Officer finds that it is necessary to create two new Lot Nos. 2447 and 2527 over existing debris basins. 40. The Hearing Officer finds it is necessary to alter the layout of existing water tank Lot No. 2449. 41. The Hearing Officer finds it is necessary to relocate the water mains from "A" Street to the Cliffie Stone Trail. 42.The Hearing Officer finds that all streets behind gates that are not a part of the senior villas condominium developments shall be reflected on the recorded final maps as private and future streets because lots must have public street frontage. PROJECT NO. 92074-(5) AMENDMENT TO RVTTM NO. NO. 51644-1 (RPPL2019006472) EXHIBIT B FINDINGS PAGE 8 OF 8 43. The Hearing Officer finds that it is suitable to revise the intersection of "XX" and "B" Streets from roundabout to knuckle. 44. The Hearing Officer finds that it is appropriate to revise details and geometrics of the gates at "B" and "XX" Streets. 45. The Hearing Officer finds that it is reasonable to relocate the gate on "E" Street closer to the intersection of "A" and "E" Streets. 46. The Hearing Officer finds that all conditions of RVTTM No. 51644-1 and 1999 VTTM Conditions of Approval, excluding Condition No. 14, shall continue to apply, unless specifically modified by this approval. 47.The Hearing Officer determines that approval of this amendment map does not change the expiration date of the RVTTM approved on November 7, 2018. THEREFORE, THE HEARING OFFICER: 1. Approves the addendum to the final SEIR and certifies that it has been completed in compliance with CEQA and the State and County CEQA Guidelines. 2. Approves AMENDMENT TO REVISED VESTING TENTATIVE TRACT MAP NO. 51644-1, subject to the attached conditions. ACTION DATE: June 23, 2020 JH:MP LOS ANGELES COUNTY DEPARTMENT OF REGIONAL PLANNING CONDITIONS OF APPROVAL PROJECT NO. 92074-(5) AMENDMENT TO REVISED VESTING TENTATIVE TRACT MAP NO. 51644-1 (RPPL2019006472) PROJECT DESCRIPTION The project amends the Revised Vesting Tentative Tract Map ("RVTTM") No. 51644-1, for an 820-unit residential development on approximately 1275 acres, subject to the following conditions of approval: GENERAL CONDITIONS 1. Unless otherwise apparent from the context, the term "subdivider" shall include the applicant, owner of the property, and any other person, corporation, or other entity making use of this grant. 2. Unless otherwise apparent from the context, the term "date of final approval" shall mean the date the County's action becomes effective pursuant to Section 22.240.060.F of the County Code. 3. The subdivider shall defend, indemnify, and hold harmless the County, its agents, officers, and employees from any claim, action, or proceeding against the County or its agents, officers, or employees to attack, set aside, void, or annul this permit approval, which action is brought within the applicable time period of Government Code section 66474.9 or any other applicable limitations period. The County shall promptly notify the subdivider of any claim, action, or proceeding and the County shall reasonably cooperate in the defense. If the County fails to promptly notify the subdivider of any claim, action, or proceeding, or if the County fails to cooperate reasonably in the defense, the subdivider shall not thereafter be responsible to defend, indemnify, or hold harmless the County. 4. In the event that any claim, action, or proceeding as described above is filed against the County, the subdivider shall within ten days of the filing make an initial deposit with Regional Planning in the amount of up to $5,000.00, from which actual costs and expenses shall be billed and deducted for the purpose of defraying the costs or expenses involved in Regional Planning's cooperation in the defense, including but not limited to, depositions, testimony, and other assistance provided to subdivider or subdivider's counsel. If during the litigation process, actual costs or expenses incurred reach 80 percent of the amount on deposit, the subdivider shall deposit additional funds sufficient to bring the balance up to the amount of $5,000.00. There is no limit to the number of supplemental deposits that may be required prior to completion of the litigation. CC.082014 EXHIBIT C PROJECT NO. 92074-(5) CONDITIONS OF APPROVAL AMENDMENT TO REVISED VESTING TENTATIVE PAGE 2 OF 5 TRACT MAP NO. 51644-1 (RPPL2019006472) At the sole discretion of the subdivider, the amount of an initial or any supplemental deposit may exceed the minimum amounts defined herein. Additionally, the cost for collection and duplication of records and other related documents shall be paid by the subdivider according to County Code Section 2.170.010. 5. If any material provision of this grant is held or declared to be invalid by a court of competent jurisdiction, the permit shall be void and the privileges granted hereunder shall lapse. 6. Approval of this Amendment to the RVTTM No. 51644-1 does not change the expiration date of said RVTTM. The expiration date of RVTTM No. 51644-1 is November 7, 2020. 7. Notice is hereby given that any person violating a provision of this grant is guilty of a misdemeanor. Notice is further given that the Regional Planning Commission ("Commission") or a Hearing Officer may, after conducting a public hearing, revoke or modify this grant, if the Commission or Hearing Officer finds that these conditions have been violated or that this grant has been exercised so as to be detrimental to the public's health or safety or so as to be a nuisance, or as otherwise authorized pursuant to Chapter 22.238 of the County Code. 8. The subdivider shall maintain the subject property in a neat and orderly fashion. The subdivider shall maintain free of litter all areas of the premises over which the subdivider has control. 9. All structures, walls and fences open to public view shall remain free of graffiti or other extraneous markings, drawings, or signage that was not approved by Regional Planning. These shall include any of the above that do not directly relate to the business being operated on the premises or that do not provide pertinent information about said premises. The only exceptions shall be seasonal decorations or signage provided under the auspices of a civic or non-profit organization. In the event of graffiti or other extraneous markings occurring, the subdivider shall remove or cover said markings, drawings, or signage within 24 hours of notification, weather permitting. Paint utilized in covering such markings shall be of a color that matches, as closely as possible, the color of the adjacent surfaces. 10. All development pursuant to this grant shall comply with the requirements of Title 22 of the County Code and of the specific zoning of the subject property, unless specifically modified by this grant, as set forth in these conditions. 11. Prior to the final inspection or the date the certificate of occupancy is issued for the first unit in the development, whichever occurs first, the subdivider shall remit all applicable law enforcement facilities mitigation fees to the County Sheriff's Department, pursuant to Section 22.246.070 of the County Code. The subdivider shall pay the fees in effect at the time of payment, pursuant to Section 22.246.070.F. EXHIBIT C PROJECT NO. 92074-(5) CONDITIONS OF APPROVAL AMENDMENT TO REVISED VESTING TENTATIVE PAGE 3 OF 5 TRACT MAP NO. 51644-1 (RPPL2019006472) Questions regarding fee payment can be directed to the County Sheriff's Department at (323) 526-5657. The subdivider shall provide proof of payment upon request from Regional Planning. 12. Prior to the issuance of any building permit(s), the subdivider shall remit all applicable library facilities mitigation fees to the County Librarian, pursuant to Section 22.246.060 of the County Code. The subdivider shall pay the fees in effect at the time of payment, pursuant to Section 22.246.060.E. Questions regarding the fee payment can be directed to the County Librarian at (562) 940-8430. The subdivider shall provide proof of payment upon request from Regional Planning. 13. This approval is subject to all recommended conditions listed in the attached Subdivision Committee Report for Amendment to RVTTM No. 51644-1 dated April 28, 2020, consisting of letters and reports from the Departments of Public Works, Fire, Parks and Recreation, and Public Health. 14. The project shall comply with all regulations and standards of the Subdivisions Code, unless expressly modified herein. 15. All conditions of RVTTM No. 51644-1 and 1999 Vesting Tentative Tract Map Conditions of Approval, excluding Condition No. 14, shall continue to apply, unless specifically modified by this approval. 16. Permission is granted to create 42 additional open space lots for a total of 71 lots. 17. Condition No. 46 is hereby revised as follows: The subdivider shall dedicate to the County of Los Angeles, the right to prohibit the erection of buildings on all 71 open space lots, as identified in the Lot Summary Table on Sheet 7 and as depicted on the Amendment to RVTTM dated April 28, 2020. These open space lots shall be designated as Open Space — Building Restriction Area on the final map. 18. Permission is granted to create open space lot 2488 as a neighborhood trail connection between "G" and "H" Street cul-de-sacs. 19. Approximately 873.3 acres of undisturbed land shall be provided as natural open space to the satisfaction of Regional Planning. 20. Permission is granted to revise large lot map boundaries as depicted on the Amendment to RVTTM No. 51644-1 dated April 28, 2020. 21. Permission is granted to adjust unit phasing with resequencing of phases as depicted in the Amendment to RVTTM No. 51644-1 dated April 28, 2020. 22. Condition No. 61 is hereby revised as follows: The boundaries of the unit final maps and phasing sequence depicted on the Amendment to RVTTM No. 51644-1 dated April 28, 2020 may be changed subject to an Exhibit Map process prescribed in EXHIBIT C PROJECT NO. 92074-(5) CONDITIONS OF APPROVAL AMENDMENT TO REVISED VESTING TENTATIVE PAGE 4 OF 5 TRACT MAP NO. 51644-1 (RPPL2019006472) Section 21.16.015 of the County Subdivision Ordinance, with the following exceptions: a) open space lots Nos. 1 and 2, as identified in the Amendment to RVTTM No. 51644-1, and the public loop road shall be the first two phases of development to record; b) a senior citizen housing set -aside of a minimum of 254 dwelling units shall be constructed prior to recordation of a unit map enabling the development of the 108 market -rate bonus density units. Prior to clearance of each final map, the subdivider shall submit the following: i. A phasing map, indicating the boundaries of the current final map, the boundaries and status of all previously filed final unit maps, and the expected boundaries and phasing of all future final maps; and ii. A summary table included on the phasing map, indicating the number and type of all lots shown, including open space breakdown by acreage and type, on the current and all previous final maps. 23. Permission is granted to relocate the gate on "E" Street closer to the intersection of "A" and "E" Streets as depicted on the Amendment to RVTTM No. TR51644-1 dated April 28, 2020. 24. All streets behind gates that are not a part of the senior villas condominium developments shall be depicted and described on the recorded final maps as private and future streets with residential lot lines extending to the center line of the street, and an access easement dedicated to Public Works and the Fire Department. Private driveway lots are not accepted for these streets. 25. Permission is granted to adjust lot lines and pad elevations as depicted on Amendment to RVTTM No. 51644-1 dated April 28, 2020. 26. Retaining walls shall be constructed in conformance with the retaining wall exhibit dated April 28, 2020. 27. The mechanically stabilized earth wall, as depicted on the Amendment to RVTTM No. 51644-1 dated April 28, 2020, shall be of an earth tone color. 28. Condition No. 62 is hereby revised as follows: Grading, including mass grading, shall be limited to that which is necessary to construct the on and off -site improvements as depicted on the Amendment to RVTTM No. 51644-1 dated April 28, 2020. No additional grading or development shall be permitted beyond that depicted unless authorized by the Director prior to issuance of a grading permit. 29. Permission is granted to create Lot No. 2577 to separate the existing oil well from the residential lot. The oil well lot shall be owned and maintained by the HOA. 30. Permission is granted to revise Lot No. 2421 from debris basin lot to detention basin lot. EXHIBIT C PROJECT NO. 92074-(5) CONDITIONS OF APPROVAL AMENDMENT TO REVISED VESTING TENTATIVE PAGE 5 OF 5 TRACT MAP NO. 51644-1 (RPPL2019006472) 31. Permission is granted to create two new Lot Nos. 2447 and 2527 over existing debris basins. 32. The Hearing Officer finds it is necessary to alter the layout of existing water tank Lot No. 2449 to accommodate a new pump station and transformer. 33. Permission is granted to redesign the intersection of "XX" and "B" Streets as a knuckle configuration. 34. Permission is granted to revise lot configuration and access road at the proposed water tanks site, debris basin lots, and helipad lot. 35. Permission is granted to revise gate details and geometrics for the gates located at "B" and "XX" streets. 36. Permission is granted to relocate water mains from "A" street to the Cliffie Stone Trail as depicted on the Amendment to RVTTM No. 51644-1 dated April 28, 2020. 37. Permission is granted to increase grading footprint from 393.6 to 397.7 acres as depicted on the Amendment to the RVTTM No. 51644-1 dated April 28, 2020. 38. Condition No. 65 is hereby revised as follows: Pursuant to Section 21.32.195 of the County Code, subdivider shall plant or cause to be planted at least one tree for every 25 feet of street frontage within the front yard of single and multi -family residence lots. The trees shall be of a native species or non-invasive species that will not hybridize with natives. The location and the species of said trees shall be incorporated into a site plan or landscape plan. Prior to obtaining final map approval, the subdivider shall plant or post a bond with Public Works to ensure the planting of the required trees to the satisfaction of Regional Planning. 39. Condition No. 39: No construction activity, including, but not limited to site grading, shall encroach in the protected zone of an oak tree or result in the removal of an oak tree without an Oak Tree Permit. Attachments: Exhibit D Department Correspondence (pages 1- 38) Exhibit L Retaining Wall Exhibit Dated April 28, 2020 EXHIBIT D LOS ANGELES COUNTY PUBLIC WORKS Page 1/1 LAND DEVELOPMENT DIVISION — SUBDIVISION TRACT NO. 51644-R1 (Rev.) AMENDED TENTATIVE MAP DATED 04-28-2020 AMENDED EXHIBIT A DATED 04-28-2020 Public Works has no objections to the amendment changes to modify the grading, pad elevations, gate location, retaining wall heights, updated lot area, and unit phasing and sequence. The following reports consisting of 22 pages are the recommendations of Public Works. The subdivision shall conform to the design standards and policies of Public Works, in particular, but not limited to the following items in addition to the attached conditions for the previous approved Revised Tentative Map: 1. Place standard residential planned development/condominium notes on the final map to the satisfaction of Public Works. 2. Label driveways and multiple access strips as "Private Driveway and Fire Lane" and delineate on the final map to the satisfaction of Public Works and Fire Department. 3. Reserve reciprocal easements for drainage, ingress/egress, sewer, water, utilities, right to grade, and maintenance purposes, in documents over the common private driveways for the multi -family lots to the satisfaction of Public Works. Prepared byhoenix Khoury Phone (626) 458-4921 Date 05-28-2020 TR51644-R1 L_Amend_Rev1_RPPL2019006472.docx limp: i%planninQ.lacotmty. aov/case/view/92074-5 COUNTY OF LOS ANGELES Page 1/3 DEPARTMENT OF PUBLIC WORKS LAND DEVELOPMENT DIVISION — SUBDIVISION TRACT NO. 51644-1 (Rev.) REVISED TENTATIVE MAP DATED 09-17-2018 REVISED EXHIBIT "A" DATED 09-17-2018 The subdivision shall conform to the design standards and policies of Public Works, in particular, but not limited to the following items: Details and notes shown on the tentative map are not necessarily approved. Any details or notes which may be inconsistent with requirements of ordinances, general conditions of approval, or Department policies must be specifically approved in other conditions, or ordinance requirements are modified to those shown on the tentative map upon approval by the Advisory agency. 2. Easements are tentatively required, subject to review by the Director of Public Works to determine the final locations and requirements. 3. Easements shall not be granted or recorded within areas proposed to be granted, dedicated, or offered for dedication for public streets, highways, access rights, building restriction rights, or other easements until after the final map is filed with the Registrar-Recorder/County Clerk's Office. If easements are granted after the date of tentative approval, a subordination must be executed by the easement holder prior to the filing of the final map. 4. In lieu of establishing the final specific locations of structures on each lot/parcel at this time, the owner, at the time of issuance of a grading or building permit, agrees to develop the property in conformance with the County Code and other appropriate ordinances such as the Building Code, Plumbing Code, Grading Ordinance, Highway Permit Ordinance, Mechanical Code, Zoning Ordinance, Underground of Utilities Ordinance, Water Ordinance, Sanitary Sewer and Industrial Waste Ordinance, Electrical Code, and Fire Code. Improvements and other requirements may be imposed pursuant to such codes and ordinances. 5. Adjust, relocate, and/or eliminate lot lines, lots, streets, easements, grading, geotechnical protective devices, and/or physical improvements to comply with ordinances, policies, and standards in effect at the date the County determined the application to be complete all to the satisfaction of Public Works. COUNTY OF LOS ANGELES Page 2/3 DEPARTMENT OF PUBLIC WORKS LAND DEVELOPMENT DIVISION — SUBDIVISION TRACT NO. 51644-1 (Rev.) REVISED TENTATIVE MAP DATED 09-17-2018 REVISED EXHIBIT "A" DATED 09-17-2018 6. All easements existing at the time of final map approval must be accounted for on the approved tentative map. This includes the location, owner, purpose, and recording reference for all existing easements. If an easement is blanket or indeterminate in nature, a statement to that effect must be shown on the tentative map in lieu of its location. If all easements have not been accounted for, submit a corrected tentative map to the Department of Regional Planning for approval. 7. If applicable, quitclaim or relocate easements running through proposed structures. 8. Furnish Public Works' Street Name Unit with a list of street names acceptable to the subdivider. These names must not be duplicated within a radius of 20 miles. 9. A Mapping & Property Management Division house numbering clearance is required prior to approval of the final map. 10. If unit filing occurs, reserve reciprocal easements for drainage, ingress/egress, utilities, and maintenance purposes, in documents over the private driveways and delineate on the final map to the satisfaction of Public Works. 11. The boundaries of the unit final maps shall be designed to the satisfaction of the Departments of Regional Planning and Public Works. 12. The first unit of this revised map shall be filed as Tract No. 51644-12, the second unit, Tract No. 51644-13, and so forth, and the last unit, Tract No. 51644 to the satisfaction of Public Works. Tract No. 51644-12 must be recorded first. 13. Extend lot lines to the center of private and future streets or provide separate lots for the private and future streets. 14. Grant ingress/egress and utility easements to the public over the private and future or future streets. 15. Show open space lots on the final map and dedicate residential construction rights over the open space lots. 16. Depict all line of sight easements on grading and/or landscaping plans. COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS LAND DEVELOPMENT DIVISION — SUBDIVISION i 6Th'44-17?kev.) ---Rf--V1-S�ENTATIVE MAP DATED 09-17-2018 REVISED EXHIBIT "A" DATED 09-17-2018, 17. If possible, modify the boundaries of the open space lots or add additional open space lots to include the airspace easements for sight distance to the satisfaction of Regional Planning and Public Works. 18. A final tract map must be processed through the Director of Public Works prior to being filed with the Registrar-Recorder/County Clerk's Office. 19. Prior to submitting the tract map to the Director of Public Works for examination pursuant to Section 66442 of the Government Code, obtain clearances from all affected Departments and Divisions, including a clearance from the Subdivision Mapping Section of the Land Development Division of Public Works for the following mapping items; mathematical accuracy; survey analysis; and correctness of certificates, signatures, etc. 20. A final guarantee will be required at the time of filing of the final map with the Registrar-Recorder/County Clerk's Office. 21. Permission is granted to record large lots (20-acre or more) tract map as shown on the insert map provided private and future right of ways are offered and slope easements are dedicated on all interior streets on alignments to the satisfaction of Public Works. 22. Provide proof/verification to the satisfaction of Public Works that any proposed underground utilities pertinent to this subdivision will not conflict with the Metropolitan Water District tunnel(s) within the existing tunnel easement. 23. Within 30 days of the approval date of this land use entitlement or at the time of the first plan check submittal, the applicant shall deposit the sum of $5,000 with Public Works to defray the cost of verifying conditions of approval for the purpose of issuing final map clearances. Prepared by Phoenix Khoury Phone (626) 458-4921 Date 10-02-2018 tr51644-1L-rev'd map-rev9 RRTM-TR51644-1.docx 2 7-- INA14/044 LOS ANGELE S COUNTY 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 WWW. DPW. LACOUNTY. GOV TRACT MAP NO.: 51644-1 PARCEL MAP DATE HYDROLOGY UNIT CONDITIONS OF APPROVAL Prior to Improvement Plans Approval: 05/13/2020 1. Comply with hydrology study, which was approved on 12/18/2017, or the latest revision, to the satisfaction of the Department of Public Works. Review by: Alex Mikhailpoor Date: 05/13/2020 Phone: (626) 458-4921 APPCON-TR51644-1 Page 1 of 1 03/16/2016 County of Los Angeles Department of Public Works PCA LX001129/A869 Geotechnical and Materials Engineering Division EPIC LA RPPL2019006472 GEOLOGIC AND SOILS ENGINEERING REVIEW SHEET Telephone: (626) 458-4925 900 S. Fremont Avenue, Alhambra, CA 91803 Tentative Tract Grading By Subdivider? Geologist Soils Engineer Review of: Geologic Report(s) Dated 51644-01 [Y] (Y or N) 9.4 M yd3 RMA GeoScience RMA GeoScience Tentative Map Dated Location Subdivider _ Engineer/Arch. Sheet 1 of 1 4/28/20 (Amend./Exh.) Parent Tract Santa Clarita APN BLC Tesoro LLC Sikand Soils Engineering Report(s) Dated: Geotechnical Report(s) Dated: 7/17/17, 5/15/17, 12/5/16, 8/24/16, 8/19/16, 5/11/16 References: AGI Geotechnical, Inc., 9/27/10, 4/7/10, 5/11/09, 3/2/09, 1/21/09, 9/19/07, 10/2/06, 3/6/01 TENTATIVE MAP FEASIBILITY IS RECOMMENDED FOR APPROVAL FROM A GEOTECHNICAL STANDPOINT PRIOR TO FILING THE FINAL LAND DIVISION MAP THE FOLLOWING CONDITIONS MUST BE FULFILLED: 51644 G1. The final map must be approved by the Geotechnical and Materials Engineering Division (GMED) to assure that all geotechnical requirements have been properly depicted. For Final Map clearance guidelines refer to policy memo GS051.0 in the County of Los Angeles Department of Public Works Manual for Preparation of Geotechnical Reports. The Manual is available at: http://dpw.lacountV.--qov/_gmed/permitsldocslmanual.pdf. G2. A grading plan must be geotechnically approved by the GMED prior to Final Map approval. The grading depicted on the plan must agree with the grading depicted on the tentative tract or parcel map and the conditions approved by the Planning Commission. If the subdivision is to be recorded prior to the completion and acceptance of grading, corrective geologic bonds may be required. G3. Prior to grading plan approval, a detailed geotechnical report must be submitted that addresses the proposed grading. All recommendations of the geotechnical consultant(s) must be incorporated into the plan. The report must comply with the provisions of the County of Los Angeles Department of Public Works Manual for Preparation of Geotechnical Reports. The Manual is available at: http://dpw.lacountV.--qov/_gmed/permitsldocslmanual.pdf. G4. All geologic hazards associated with this proposed development must be eliminated. Alternatively, the geologic hazards may be designated as restricted use areas (RUA), and their boundaries delineated on the Final Map. These RUAs must be approved by the GMED, and the subdivider must dedicate to the County the right to prohibit the erection of buildings or other structures within the restricted use areas. For information on the RUA policy refer to policy memo GS063.0 in the County of Los Angeles Department of Public Works Manual for Preparation of Geotechnical Reports. The Manual is available at: http://dpw.lacountv.-qov4gmed/permitsldocslmanual.pdf. S1. At the grading plan stage, submit grading plans to the GMED for verification of compliance with County Codes and policies. S2. At the rough grading stage, provide data from the recommended settlement monitoring program to verify that settlements will comply with County codes and policies. NOTE(S) TO THE PLAN CHECKER/BUILDING AND SAFETY DISTRICT ENGINEER: A. ONSITE SOILS ARE CORROSIVE TO FERROUS METALS. B. OFFSITE GRADING IS PROPOSED. Prepared by QROF ESSIpN\ CHUM Y � F J No. G1= 2849 Z A OF CAO Geology Geir R. Mathisen No. 2376 CERTIFIED Date 05/18/2020 Please complete a Customer Service Survey at hftp://dpw.lacounty.gov/qo/q-medsurve NOTICE: Public safety, relative to geotechnical subsurface exploration, shall be provided in accordance with current codes for excavations, inclusive of the Los Angeles County Code, Chapter 11.48, and the State of California, Title 8, Construction Safety Orders. 51644-01, Santa Clarita, 2020-05-18 TM-23-A COUNTY OF LOS ANGELES Page 1/1 DEPARTMENT OF PUBLIC WORKS LAND DEVELOPMENT DIVISION — GRADING TRACT No. 51644-1 (Rev.) AMEND TENTATIVE MAP DATED 04-28-2020 AMEND EXHIBIT "A" DATED 04-28-2020 1. Approval of this revised map pertaining to grading is recommended. The subdivision shall conform to the design standards and policies of Public Works, in particular, but not limited to the following items: REQUIREMENTS PRIOR TO GRADING PLAN APPROVAL: 2. Provide approval of: a. The latest hydrology study by the Storm Drain and Hydrology Section of Land Development Division. b. The location/alignment and details/typical sections of any park/trail, as shown on the grading plan, to the satisfaction of the Department of Parks and Recreation. c. The grading plan by the Geotechnical & Materials Engineering Division (GMED). REQUIREMENTS PRIOR TO FINAL MAP RECORDATION: 3. A maintenance agreement or CC&Rs may be required for all privately maintained drainage devices, slopes, and other facilities. Name Paul Chang Date 05/19/2020 Phone (626) 458-4921 P:\Idpub\S ig Files\Tract Map\TR 51644-1\GR 51644-1\2018-09-18 TTR 51644-1\TR51644-1g-rev10 conditions • � /- "LOS ANGELES COUNTY PUBLIC WORKS Page 1/5 LAND DEVELOPMENT DIVISION - ROAD TRACT NO. 51644-R1 (Rev.) AMENDED TENTATIVE MAP DATED 04-28-2020 AMENDED EXHIBIT MAP DATED 04-28-2020 The subdivision shall conform to the design standards and policies of Public Works, in particular, but not limited to the following items: 1. The minimum centerline radius on a local street with an intersection street on the concave side shall comply with design speeds 40mph (64 feet R/W)/30mph (60 feet R/W)/25mph (58 feet R/W). Maintain a minimum centerline radius of 350 feet (64 feet R/W)/ 250 feet (60 feet R/W)/100 feet (58 feet R/W) along curved intersections where the minor leg is on the concave side or provide for adequate sight distance to the satisfaction of Public Works. 2. The centerline of all local streets shall be aligned without creating jogs of less than 150 feet. A one -foot jog may be used where a street changes width from 60 feet to 58 feet of right of way. 3. The central angles of the right of way radius returns shall not differ by more than 10 degrees on local streets. 4. Driveways will not be permitted within 25 feet upstream of any catch basins when street grades exceed 6 percent. 5. Provide maximum 4 percent landing grades at all knuckle approaches for a distance of 50 feet to the satisfaction of Public Works. 6. Provide minimum landing area of 100 feet for local collectors, 50 feet for local access roads, and 25 feet for cut -de -sacs at a maximum 3 percent grade on all "tee" intersections. 7. At tee intersections involving local streets, the maximum permissible grade of the through street across the intersection is 10 percent. For intersections involving multi -lane highways, the maximum permissible grade of the through street is three percent. For 4-legged intersections, the maximum permissible grade of the through street is 8 percent. 8. Any extended length of residential streets over 1000 feet must be approved by the Fire Department. 9. Permission is granted for streets within Areas B and C to be private and future streets only for streets behind approved gate locations and depicted in the typical section on Sheet 7 as "private and future" streets. 10. For all streets labeled "Private and Future" street in the typical section on sheet 7, make an offer of private and future right of way to the satisfaction of Public Works. Construct pavement, curb, gutter and sidewalk to the satisfaction of Public Works. "LOS ANGELES COUNTY PUBLIC WORKS Page 2/5 LAND DEVELOPMENT DIVISION - ROAD TRACT NO. 51644-R1 (Rev.) AMENDED TENTATIVE MAP DATED 04-28-2020 11. Whenever there is an offer of a future street or a private and future street, provide a drainage statement/letter. 12. Provide intersection sight distance for a design speed of: a. 40 mph (415 feet) on "A" Street from "B" Street, "KK" Street, "LL" Street and "XX" Street (both directions). b. 30 mph (310 feet) on "B" Street from "AAA" Street / "F" Street (both directions) and from DWY "EEE" (westerly direction); on "C" Street from "UU" Street/"YY" Street (both directions) and from "FF" Street; from "D"/ "T' Streets (both directions); on "D" Street from "S" Street (both directions) and from "Q" Street (north easterly direction); on "F" Street from "H" Street (easterly direction); and on Reyes Adobe Way from "QQ" Street (south westerly direction). c. Line of sight shall be within right of way or dedicate airspace easementsto the satisfaction of Public Works. Additional grading may be required. With respect to the position of the vehicle at the minor road, the driver of the vehicle is presumed to be located 4 feet right of centerline and 10 feet back from the top of curb (TC) or flow line (FL) prolongation. When looking left, we consider the target to be located at the center of the lane nearest to the parkway curb. We use 6 feet from TC. When looking right, the target is the center of the lane nearest to the centerline or from the median TC (when present). 13. Provide stopping sight distance on all points along curved sections of each street using appropriate design speed stated in Item No. 1 above. Line of sight shall be within right of way or dedicate airspace easements to the satisfaction of Public Works. Additional grading may be required. With respect to the position of the vehicle, the driver of the vehicle is presumed to be located 6 feet from TC and the target to be located 6 feet from TC. The driver eye level is presumed 3.5 feet from the ground and the target height is 6 inches. 14. Depict all line of sight easements on the landscaping and grading plans. 15. Provide property line return radii of 13 feet at all local street intersections and 27 feet (or as required, based on approved street improvement plan) at the intersection of all local streets with planned highways plus additional right of way for corner cut off to meet current Americans with Disabilities Act (ADA) guidelines to the satisfaction of Public Works. "LOS ANGELES COUNTY PUBLIC WORKS Page 3/5 LAND DEVELOPMENT DIVISION - ROAD TRACT NO. 51644-R1 (Rev.) AMENDED TENTATIVE MAP DATED 04-28-2020 U1►TAIa101I1]aI 1*:/al:]1r►TA/_1a07_111aI9ZILbX: Mto] 0i 16. Provide easements and/or right of way to allow for the construction of the emergency access road for TR 72126 (Tapia Development) off -site grading and street improvements in the vicinity of "M" Street to the satisfaction of Public Works. It shall be the sole responsibility of the subdivider to acquire the necessary right of way and/or easements. 17. All proposed gates are not approved if they are placed at a street that provides direct access to an offsite property and if streets are public streets. In order to allow the proposed gates, obtain concurrence from adjoining properties clarifying that they are not dependent on this subdivision for their means of access. If gates are allowed, label all streets within the gates as private and future streets; otherwise, these streets are to remain as public streets. 18. For all approved gates, locate the entry gate or key pad (if one is provided) a minimum of 50 feet beyond the right of way and construct a turnaround with a minimum turnaround radius of 32 feet in the private driveway and firelane preceding the gated entrance to the satisfaction of Public Works. The minimum gate setback shall be increased, if necessary, to accommodate adequate stacking distance as determined in each case by the traffic engineering consultant at final engineering. Setback the raised median nose in the private driveway a minimum of 20 feet from the right of way to the satisfaction of Public Works. The details of the gated access as shown on the tentative map are not necessarily approved. 19. The median plan as shown on sheet 7 is not necessarily approved and is subject to a detail review to the satisfaction of Public Works. All proposed medians shall be 14 feet minimum and use a standard nose parabolic flare with a minimum median nose of 4 feet or terminate the raised median within the reverse taper to the satisfaction of Public Works. 20. Construct new driveways to the satisfaction of Public Works. 21. Construct curb, gutter, base, pavement, and sidewalk (5 feet sidewalk adjacent to the property line) along the property frontage on all local streets to the satisfaction of Public Works. 22. Construct full -width sidewalk and curb ramp at all returns. 23. Repair any improvements damaged during construction to the satisfaction of Public Works. 24. Plant street trees along all streets in 24-inch boxes (minimum) within this subdivision to be privately irrigated, to the satisfaction of Public Works. "LOS ANGELES COUNTY PUBLIC WORKS Page 4/5 LAND DEVELOPMENT DIVISION - ROAD TRACT NO. 51644-R1 (Rev.) AMENDED TENTATIVE MAP DATED 04-28-2020 U1►TAIa101I1]aI1*:/al:]1r►TA/_1a07_111aI9XIEIIF Mti]0i 25. Construct drainage improvements (including bridges and parkway drains, if needed) and offer easements needed for street drainage or slopes and maintenance purposes to the satisfaction of Public Works. Where streets or highways are located within flood hazard areas or subject to inundation, provide adequate freeboard and slope protection to the satisfaction of Public Works. Construct adequate embankment protection along any sections of highways or streets located within flood plain boundaries or subject to inundation. Adequate freeboard shall also be provided. 26. Prior to final map recordation, vacate excess right of way on Avenida Rancho Tesoro and retain the existing easements for the benefit of the Water Quality Basins, to the extent needed. A deposit will be required for the vacation process. 27. Execute a covenant for private maintenance of curb/parkway drains; if any, to the satisfaction of Public Works. 28. Provide and install street name signs prior to occupancy of buildings. 29. Install postal delivery receptacles in groups to serve two or more residential lots. 30. All park site entrances shall conform with a stopping sight distance line of sight of 40 mph (300 feet) or 30 mph (200 feet) as appropriate, and are subject to review to the satisfaction of Public Works. 31. Underground all existing service lines and distribution lines that are less than 50 KV and new utility lines to the satisfaction of Public Works and Southern California Edison. Please contact Public Works' Construction Division at (626) 458-3129 for new location of any above -ground utility structure in the parkway. 32. The maintenance of all common area landscape areas and all offsite landscape areas shall be the responsibility of the HOA. 33. Prior to final map approval, enter into an agreement with the County franchised cable TV operator (if an area is served) to permit the installation of cable in a common utility trench to the satisfaction of Public Works; or provide documentation that steps to provide cable TV to the proposed subdivision have been initiated to the satisfaction of Public Works. 34. Comply with the mitigation measures identified in the attached November 30, 2017, memoranda/letter or any revision thereafter, from our Traffic and Lighting Division to the satisfaction of Public Works and comply with all mitigation measures as required by Caltrans. Page 5/5 LOS ANGELES COUNTY PUBLIC WORKS LAND DEVELOPMENT DIVISION — ROAD TRACT NO. 51644-R1 (Rev.) AMENDED TENTATIVE MAP DATED 04-28-2020 AMENDED EXHIBIT MAP DATED 04-28-2020 35. Prior to final map approval, pay the fees established by the Board of Supervisors for the Valencia Bridge and Major Thoroughfare Construction Fee District. The fee is to be based upon the fee rate in effect at the time of final map recordation. The current applicable fee is $24,620 per factored unit and is subject to change. 36. Phasing of map shall be addressed in the traffic study. The phasing map shall address construction phasing for schools and other units if phased grading is proposed. The phasing map shall also address access requirements for each unit. 37. Comply with the street lighting requirements as stipulated in the attached Traffic and Lighting Division, Street Lighting Section letter dated April 25, 2017. Prepared by Sam Richards Phone (626) 458 4921 Dated 05-28-2020 TR51644-1 r_Amend-r-revl_RPPL2019006472.docx h@p://plann ing.lacounty.gov/case/view/92074-5 A/A MARK PESTRELLA, Director November 30, 2017 COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS 'To Enrich Lives Through Effective and caring Service' 900 SOUTH FREMONT AVENUE ALHAM BRA, CALIFORNIA 91S03-1331 Telephone: (626) 458-5 100 http://dpw.lacounty.gov ADDRESS ALL CORRESPONDENCE TO: P.O. BOX 1460 ALHAMBRA. CALIFORNIA 91802-1460 Mr. David Shender Linscott, Law & Greenspan, Engineers 20931 Burbank Boulevard, Suite C Woodland Hills, CA 91367 Dear Mr. Shender: BLC TESORO LLC TRAFFIC IMPACT STUDY (MAY 31, 2017) TESORO DEL VALLE PHASES B AND C TRACT MAP NO. 51644 UNINCORPORATED CASTAIC/VAL VERDE AREA IN REPLY PLEASE REFER TO FILE: T-4 We reviewed the Traffic Impact Study (TIS) dated May 31, 2017, associated with Phases B and C of the Tesoro del Valle project, Tract Map No. 51644, located north of the intersection of Copper Hill Drive (East-West) and Tesoro del Valle Drive (North -South) in the unincorporated Castaic/Val Verde area. Project Description Phases B and C of the Tesoro del Valle project consists of the construction of 455 single-family residential homes and 365 senior housing units within Planning Areas B and C. Project's Transportation Impact According to the TIS, the traffic generated by the project will have a significant transportation impact at the two intersections listed below. We generally agree with the findings in the TIS. • The Old Road at Interstate 5 Southbound On/Off Ramps • Tesoro del Valle Drive at Rio Norte Drive/Copper Hill Drive Mr. David Shender November 30, 2017 Page 2 11if ga N MFG, =_2 of Transpgrtation (Caltrans)/County of Los Angeles) South approach mitigation: Modify the existing traffic signal to provide a northbound right -turn overlap phase. Since this intersection is maintained by another jurisdiction, the applicant shall appropriately describe this significant and unavoidable transportation impact in the project's Environmental Impact Report (EIR): Los Angeles) According to the TIS, no mitigation measures are feasible within the available right of way at the intersection listed below. Therefore, the applicant shall appropriately describe this significant and unavoidable transportation impact in the project's EIR: According to the TIS, the cumulative traffic generated by the project and other related projects will have a significant transportation impact at the six intersections listed below. We generally agree with the findings in the TIS. • The Old Road at Interstate 5 Southbound On/Off Ramps • The Old Road at Rye Canyon Road • The Old Road at Magic Mountain Parkway • Magic Mountain Parkway at Interstate 5 Southbound On/Off Ramps • Copper Hill Drive at Decoro Drive • Tesoro del Valle Drive at Rio Norte Drive/Copper Hill Drive Mitigation of Project's Cumulative Transportation Impact Intersection No. 2: The Old Road/Rye Canyon Road (County of Los Angeles) • North approach mitigation: Add a second southbound left -turn lane and add a third southbound through lane • South approach mitigation: Add two northbound through lanes • East approach mitigation: Add two westbound left -turn lanes. M . I • Modify the traffic signal in accordance with the above improvements. • The above improvements are identified as Valencia Bridge and Thoroughfare (B&T) District. Payment of the Valencia B&T District fees in lieu of a pro rata share would address the cumulative impact at this intersection. • Since the proposed improvements do not fully mitigate the impact and no addonal mitigation measures are feasible within the available right of way, the project's applicant shall appropriately describe this significant and unavoidable cumulative impact in the project's EIR. Intersection No. 1: The Old Road/1-5 Freeway Southbound Ramps (Caltrans/County of Los Angeles) The project's pro rata share for the cost of the following mitigations is 2.5 percent. • South approach mitigation: Add a third through lane • North approach mitigation: Add a second left -turn lane and a third through lane • East approach mitigation: Convert a shared left/right-turn lane to a left -turn lane and add a right -turn only lane • Modify the traffic signal in accordance with the above improvements. • Since the intersection is maintained by another jurisdiction and the proposed improvements do not fully mitigate the impact, the applicant shall appropriately describe this significant and unavoidable transportation impact in the project's EIR: Intersection No. 3: The Old Road/Magic Mountain Parkway (County of Los Angeles) Since no mitigation measures are feasible within the available right of way at this intersection, the applicant shall appropriately describe this significant and unavoidable transportation impact in the project's EIR. Conceptual plans and cost estimates for the improvements shall be submitted to Public Works for review and approval. The applicant shall pay its pro rata share of the cost for the improvements for the Project's cumulative impact mitigations prior to issuance of the Certificate of Occupancy. The project is located within the Valencia B&T District. Consequently, the project shall pay its share of the Valencia B&T District fees prior to approval of the final map. Please contact Land Development Division for the determination and payment of these fees. If FF7*-a-v-i a-,--) ffe—n—Te -F November 30, 2017 Page 4 Los Angeles) Since no gation measures are feasible within the available right of way at this intersection, the applicant shall appropriately describe this significant and unavoidable transportation impact in the project's EIR. Conceptual plans and cost estimates for the improvements shall be submitted to Public Works for review and approval. The applicant shall pay its pro rata share of the cost for the improvements for the Project's cumulative impact gations prior to issuance of the Certificate of Occupancy. The project is located within the Valencia B&T District. Consequently, the project shall pay its share of the Valencia B&T District fees prior to approval of the final map. Please contact Land Development Division for the determination and payment of these fees. Intersection No. 6: Copper Hill Drive/Decoro Drive (County of Los Anqeles/CitV of Santa Clarita) Since no mitigation measures are feasible intersection, the applicant shall appropriately transportation impact in the project's EIR. within the available right of way at this describe this significant and unavoidable Conceptual plans and cost estimates for the improvements shall be submitted to Public Works for review and approval. The applicant shall pay its pro rata share of the cost for the improvements for the Project's cumulative impact mitigations prior to issuance of the Certificate of Occupancy. The project is located within the Valencia B&T District. Consequently, the project shall pay its share of the Valencia B&T District fees prior to approval of the final map. Please contact Land Development Division for the determination and payment of these fees. Intersection No. 7: Tesoro del Valle — Rio Norte DrLye/CoppeE_jjj[lQE!M- • • Los Angeles) Since no mitigation measures are feasible within the available right of way at this intersection, the applicant shall appropriately describe this significant and unavoidable transportation impact in the project's EIR. Mr. David Shender November 30, 2017 Page 5 Conceptual plans and cost estimates for the improvements shall be submitted to Publ Works for review and approval. The applicant shall pay its pro rata share of the cost 'I f the improvements for the Project's cumulative impact mitigations prior to issuance of th Certificate of Occupancy. FWON M- 1 -0 - 11 1 Iwo] I I N lid a IKII K* a WRITAM MQ a The applicant proposes to work with various stakeholders to identify physical improvements and programs to meet the objectives stated below To enhance traffic safety in the Tesoro del Valle community. To facilitate and promote alternative modes of transportation to enhance the health, safety, and welfare of existing and new residents of Tesoro de Valle and the surrounding communities. NEEEEMM= To engage current residents, school leadership, the County of Los Angeles, and the City tf Santa Clarita, the applicant shall hold a public meeting to identify transportation needs identified by the various stakeholders, including but not limited to the following subject matters: • Traffic reduction and traffic safety near schools • Speed control and pedestrian safety on Avenida Rancho Tesoro and Tesoro del Valle Drive • Walkability • Transit Use The applicant shall provide Public Works with a report on the community's input and the project's proposed program elements. The report shall be submitted to Public Works for review and approval by the County prior to issuance of the grading permit. Mr. David Shender November 30, 2017 Page 6 We recommend the applicant consult with the State of California Department of Transportation and the City of Santa Clarita to obtain concurrence with any potential California Environmental Quality Act impacts within its jurisdiction. If you have any questions regarding the review of this document, please contact Mr. Kent Tsujii of Traffic and Lighting Division, Traffic Studies Section, at (626),300-4776. Very truly yours, EMIKO THOMPSON Interim Assistant Deputy Director Traffic and Lighting Division NZ:ma P:\TLPUBkSTUDIES\EIR 16-0142 TESORO DEL VALLE.DOCX DEPARTMENT OF PUBLIC WORKS TRAFFIC AND LIGHTING DIVISION SUBDIVISION, CONDITIONAL USE PERMIT (CUP) & R3 REVIEJ STREET LIGHTING REQUIREMENTS Date:4/25M7 TO: Matthew Dubiel Project Entitlement&CEOASection Land Development Division Attention |me|doNg FROM: Inez --/- ^ �� Street Lighting Section Traffic and Lighting Division Prepared byEmmanuel Oko|o STREET LIGHTING REQUIREMENTS TR51G44- RRTM-TR51644-1 F�l Provide streetlights on concrete poles with underground wiring on all streets and highways within and around TR 51644-1 to the satisfaction of Department ofPublic Works or as modified by Department ofPublic Works. The streetlights shall be Mission Bell and designed an a County owned and maintained (LS-3) system. Submit street U|QhhnQ plans along " with existing and/or proposed underground utilities plans to Traffic and Lighting Division` Street Lighting Section, for processing and approval. � Fj Provide streetlights on concrete poles with underground wiring along the property frontage on to the satisfaction of Department ofPublic Works orasmodified by Department of Public Works. Submit street lighting plans along with existing and/or proposed underground ud||dea plans to Traffic and Lighting Division, Street Lighting Section, for processing and approval. | | Provide streetlights on concrete poles with underground wiring on non -gated private orpublic future streets along the property frontage onlothe satisfaction of Department ofPublic Works or as modified by Department of Public Works. Submit street lighting plans along with existing and/or proposed underground utilities plans to Traffic and Lighting Division, Street Lighting Section, for processing and approval. | | Provide streetlights on concrete poles with underground wiring on gated private hdum street(s) along the property frontage on with Ox(unno acceptable to SouthernCalifornia Edison and to the satisfaction of Department of Public Works or as modified by Department of Public Works. The operation and maintenance of the street lights shall remain the responsibility of the owner/developer/Home Owners Association until such time as the street(s) are accepted for maintenance bythe County. Assessments will beimposed onportions ofthe development served bygated phvoba and future streets (/f any) as a result of benefits derived from existing or future streetlights on adjacent public roadways. Submit street lighting plans along with existing and/or proposed underground utilities plans to Traffic and Lighting Division, Street Lighting Section, for processing and approval. [—1 New streetlights are not required. L� The proposed project or portions of the proposed project are not within an existing lighting district. Annexation to atnae( lighting district is required. Street lighting plans cannot be approved prior to completion of annexation process. See Conditions ofAnnexations below. � �� LUpon CUP approval (CUP only), the applicant ohoU comply with conditions of acceptance listed below in order for the lighting districts to pay for the future operation and maintenance of the streetlights. |tisthe sole responsibility of the owner/developer of the project to have all street lighting plans approved prior to the issuance of building permits. The required street lighting improvements shall be the sole responsibility nfthe owner/developer of the project and the installation must be accepted per approved plans prior to the issuance of a certificate of occupancy. [l Upon issuance of an Agreement to Improve (R3 only), the applicant shall comply with conditions of acceptance listed below in order for the lighting districts topay for the future operation and maintenance of the streetlights. |tiu the no|m responsibility of the owner/developer of the project to have all utnssd lighting plans approved prior to the issuance of building permits. The required street lighting improvements ohoU be the oo|o responsibility of the owner/developer of the project and the installation must be accepted per approved plans prior to the issuance of a certificate of occupancy. F� Upon tentative map/parcel map approval (subdivision only), the applicant shall comply with conditions of b�acceptance listed below in order for the lighting districts to pay for the future operation and maintenance of the / J-7 streetlights. It is the sole raapnnaibi|�yofthe ovvnn�devo|oparufthe project to have all street lighting plans — approved prior to the issuance of building permits. The required street lighting improvements ohoU be the no|a responsibility of the owner/developer of the project and the installation must be accepted per approved plans prior to the issuance of certificate of occupancy, If phasing of the project is approved, the required street lighting improvements shall be the sole responsibility of the owner/developer of the project and will be made a condition of approval toboinplace for each phase. CONDITIONS DFACCEPTANCE FOR STREET LIGHT TRANSFER OF BILLING: All required streetlights in the project must be constructed according to Public Works approved plans. The contractor shall submit one complete set of"oo-bui|t"plans. The lighting district can assume the responsibility for the operation and maintenance of the streetlights by July 1st of any given year, provided all required streetlights in the project have been constructed per Public Works approved street lighting plan and energized and the owner/developer has requested a transfer of billing at |000t by January 1st of the previous year. The transfer of billing could be delayed one or more years if the above conditions are not met. The lighting district cannot pay for the operation and maintenance of streetlights located within gated communities. COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS LAND DEVELOPMENT DIVISION - SEWER TRACT NO. 51644-1(Rev.) Page 1 /1 TENTATIVE MAP DATED 04-28-2020 EXHIBIT MAP DATED 04-28-2020 The subdivision shall conform to the design standards and policies of Public Works, in particular, but not limited to the following items: The subdivider shall install and dedicate main line sewers and serve each building with a separate house lateral or have approved and bonded sewer plans on file with Public Works. 2. A sewer area study for the proposed subdivision (PC12009AS, dated 09-07-2017) was reviewed and approved. A Will Serve letter from the County Sanitation District indicating adequate capacity exists in the trunk line and treatment plant was obtained prior to approval of the sewer area study. No additional mitigation measures are required. The sewer area study shall be invalidated should there be an increase in the total number of dwelling units, an increase in the density, dwelling units occur on previously identified building restricted lots, a change in the proposed sewer alignment, an increase in the tributary sewershed, a change in the sewer connection points, or the adoption of a land use plan or a revision to the current plan. A revision to the approved sewer area study may be allowed at the discretion of the Director of Public Works. The approved sewer area study shall remain valid for two years from the date of sewer area study approval. After this period of time, an update of the area study shall be submitted by the applicant if determined to be warranted by Public Works. 3. The subdivider shall send a print of the land division map to the County Sanitation District with a request for annexation and obtain approval prior to final map recordation. 4. Off -site improvements are required for the proposed sewer on Casa Luna Place connecting to existing MH 70 and on A street (near Avenida Rancho Torso) connecting to existing MH 432. 5. Easements are required, subject to review by Public Works to determine the final locations and requirements. Prepared byR Pedro Romero Phone (626) 458-4957 Date 05-20-2020 V51644-1s-rev'd map-rev11.doc COUNTY OF LOS ANGELES Page 1 /1 DEPARTMENT OF PUBLIC WORKS LAND DEVELOPMENT DIVISION — WATER TRACT NO. 51644-1 (Rev.) TENTATIVE MAP DATED 04-28-2020 EXHIBIT MAP DATED 04-28-2020 The subdivision shall conform to the design standards and policies of Public Works, in particular, but not limited to the following items: A "Written Verification" and supporting documents from the water supplier to indicate the availability of a "Sufficient Water Supply" as required per Section 66473.7 of the Subdivision Map Act (SB 221) shall be provided to the satisfaction of the Department of Regional Planning and Public Works prior to filing any map. 2. A water system (including any approved water pump stations) maintained by the water purveyor, with appurtenant facilities to serve all buildings/lots in the land division, must be provided. The system shall include fire hydrants of the type and location (both on -site and off -site) as determined by the Fire Department. The water mains shall be sized to accommodate the total domestic and fire flows. 3. If required, provide off -site water improvements to bring water to this land division to the satisfaction of Public Works. 4. Easements shall be granted to the County, appropriate agency or entity for the purpose of ingress, egress, construction and maintenance of all infrastructure constructed for this land division to the satisfaction of Public Works. Prior to obtaining the building permit from the Building and Safety Office: 5. Submit landscape and irrigation plans for each commercial/open space/graded slope lot in the land division, with landscape area greater than 500 square feet, in accordance with the Water Efficient Landscape Ordinance. 6. Depict all line of sight easements on the landscaping and grading plans. 7. If necessary, install off -site recycle water mainline per landscape plans to serve this subdivision to the satisfaction of Public Works. 8. The recycled water irrigation systems shall be designed and operated in accordance with all local and State Codes as required per Section 7105.6.3 Chapter 71 of Title 26 Building Code. Prepared by Tony Khalkhali Phone (626) 458-4921 Date 05-19-2020 tr51644-1wa-rev10.doc �' 41FB ■; COUNTY OF LOS ANGELES FIRE DEPARTMENT FIRE PREVENTION DIVISION ATtb�/ Land Development Unit 5823 Rickenbacker Road Commerce, CA 90040 Telephone (323) 890-4243, Fax (323) 890-9783 PROJECT: TR 51644-REVISED MAP DATE: April 28, 2020 THE FIRE DEPARTMENT RECOMMENDS APPROVAL OF THIS PROJECT AS PRESENTLY SUBMITTED WITH THE FOLLOWING CONDITIONS OF APPROVAL. FINAL MAP CONDITIONS OF APPROVAL Access as noted on the Tentative and the Exhibit Maps shall comply with Title 21 (County of Los Angeles Subdivision Code) and Section 503 of the Title 32 (County of Los Angeles Fire Code), which requires an all-weather access surface to be clear to sky. 2. A copy of the Final Map shall be submitted to the Fire Department for review and approval prior to recordation. 3. A construct bond is required for all private driveways within this development. Provide written verification of the posted construction bond to the Fire Department prior to Final Map clearance. 4. The private access within the development shall be indicated as "Private Driveway" on the Final Map. The required fire apparatus access, the fire lanes and turnarounds, shall be labeled as "Fire Lane" on the Final Map. Any proposed parking area, walkway, or other amenities within the private driveway shall be outside the required fire lane. Clearly delineate on the Final Map and submit to the Fire Department for approval. 5. A common access agreement is required for the private driveway since multiple units are sharing the same access. Such language shall be included in the Covenant, Conditions and Restrictions (CC&R) document and shall be submitted to the Fire Department for review prior to Final Map clearance. 6. Install 80 public fire hydrants as noted on the Tentative Map filed in our office. Provide written verification stating the required fire hydrants have been installed or bonded for in lieu of installation prior to Final Map clearance. 7. Submit a copy of the Water Improvement Plans to the Fire Department for review and approval prior to Final Map clearance. Reviewed by: Juan Padilla Date: June 3, 2020 Page 1 of 6 �C1 41FB `°Fpa`-`j COUNTY OF LOS ANGELES FIRE DEPARTMENT FIRE PREVENTION DIVISION Land Development Unit 5823 Rickenbacker Road Commerce, CA 90040 Telephone (323) 890-4243, Fax (323) 890-9783 PROJECT: TR 51644-REVISED MAP DATE: April 28, 2020 8. Convey an easement prior to recordation of Final Map to the Consolidated Fire Protection District of Los Angeles County for operation and maintenance of a helipad on Lot 2451. Submit confirmation of completion to the Fire Department's Land Development Unit prior to Final Map clearance. PROJECT CONDITIONS OF APPROVAL This property is located within the area described by the Fire Department as "Very High Fire Hazard Severity Zone". A "Fuel Modification Plan" shall be submitted and approved prior to building permit issuance. (Contact: Fuel Modification Unit, Fire Station #32, 605 North Angeleno Avenue, Azusa, CA 91702-2904, Phone (626) 969-5205 for details). 2. All proposed buildings shall be places such that a fire lane is provided to within 150 feet of all exterior walls of the first story. This measurement shall be by an approved route around the exterior of the building or facility. Verification for compliance will be performed during the Fire Department review of the architectural plans prior to building permit issuance. 3. The on -site private driveways shall provide a minimum paved unobstructed width of 20 feet, clear to the sky. Verification for compliance will be performed during the Fire Department review of the architectural plan prior to building permit issuance. 4. The on -site private driveways for the Recreation Center Lots shall provide a minimum paved unobstructed width of 26 feet, clear to the sky. Verification for compliance will be performed during the Fire Department review of the architectural plan prior to building permit issuance. 5. Fire lanes exceeding a length of 150 feet that dead end are required to provide an approved Fire Department turnaround. All required Fire Department turnarounds shall be designed to accommodate the required fire apparatus as mentioned on the Fire Department standards due to the size of the building and shall be clearly depicted on the final design plans. Reviewed by: Juan Padilla Date: June 3, 2020 Page 2 of 6 �' 41FB ■; COUNTY OF LOS ANGELES FIRE DEPARTMENT FIRE PREVENTION DIVISION ATtb�/ Land Development Unit 5823 Rickenbacker Road Commerce, CA 90040 Telephone (323) 890-4243, Fax (323) 890-9783 PROJECT: TR 51644-REVISED MAP DATE: April 28, 2020 6. The gradient of the on -site private driveways shall not exceed 15 percent. Any changes in grade shall not exceed 10 percent within a 10 feet distance or 5.7 degrees. Cross slopes and required Fire Department turnarounds shall not exceed 2 percent grades. Verification for compliance will be performed during the Fire Department review of the architectural plan prior to building permit issuance. 7. Any change of direction within a private driveway shall provide a 32 feet centerline turning radius. Verification for compliance will be performed during the Fire Department review of the architectural plan prior to building permit issuance. 8. All proposed bridges and elevated crossing shall be constructed and maintained in accordance with AASHTO HB-17 and designed to support a live load of 75,000 pounds as specified in the County of Los Angeles Fire Code and to the satisfaction of the Department of Public Works. Verification for compliance will be performed during the architectural plan review prior to building permit issuance. 9. All proposed vehicular gates shall be designed, constructed, and maintained in accordance with ASTM F2200 and UL 325 as specified in the County of Los Angeles Fire Code. The vehicular gates shall provide an unobstructed width not less than 20 feet when fully open. Verification for compliance will be performed during the architectural plan review prior to building permit issuance. 10. All proposed roundabout and raised medians shall provide a minimum unobstructed width of 20 feet between all raised medians/obstacles in order to provide adequate fire apparatus access. Verification for compliance will be performed during the architectural plan review prior to building permit issuance. 11. A minimum unobstructed width of 26 feet is required adjacent to the required public fire hydrant for a distance of 25 feet on each side, a total of 50 feet. Verification for compliance will be performed during the Fire Department review of the architectural plan prior to building permit issuance. Reviewed by: Juan Padilla Date: June 3, 2020 Page 3 of 6 �' 41FB ■; COUNTY OF LOS ANGELES FIRE DEPARTMENT FIRE PREVENTION DIVISION ATtb�/ Land Development Unit 5823 Rickenbacker Road Commerce, CA 90040 Telephone (323) 890-4243, Fax (323) 890-9783 PROJECT: TR 51644-REVISED MAP DATE: April 28, 2020 12. Install 80 public fire hydrants as noted on the Tentative Map filed in our office. All fire hydrants shall measure 6"x 4"x 2-1/2" brass or bronze, be located to provide a minimum clearance of 3 feet around the fire hydrant, and conform to current AWWA standard C503 or approved equal. 13. The required fire flow from 75 of the public fire hydrants in the single family dwellings area for this development, if the future single family dwellings are less than 3,600 total square feet, is 1250 gallons per minute at 20 psi for a duration of 2 hours. If the future single family dwellings are 3,601 total square feet or greater, the required fire flow from these public fire hydrants can be up to 4000 gallons per minute at 20 psi for a duration of 4 hours, over and above maximum daily domestic demand. The required fire flow will be confirmed during the Fire Department review of the architectural plans or the revised Exhibit A process prior to building permit issuance. 14. The require fire flow from 5 of the public fire hydrants adjacent to the Recreation Center Lots can be up to 4000 gallons per minute at 20 psi for a duration of 4 hours, over and above maximum daily domestic demand. This fire flow may be reduced during the Fire Department review of the architectural plans or the revised Exhibit A prior to building permit issuance. 15. Fire hydrant locations and other water system requirements within the Exhibit Maps will be determined when final design plans are submitted to the Fire Department for review as architectural plans or revised Exhibit A prior to building permit issuance. 16. All required fire hydrants shall be installed, tested, and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants. 17. Parking shall be restricted 30 feet adjacent to any required public or private fire hydrant, 15 feet on each side measured from the center of the fire hydrant. Adequate signage and/or stripping shall be required prior to occupancy. 18. An approved automatic fire sprinkler system is required for proposed building within this development. Submit design plans to the Fire Department Sprinkler Plan Check Unit for review and approval prior to installation. Reviewed by: Juan Padilla Date: June 3, 2020 Page 4 of 6 �' 41FB ■; COUNTY OF LOS ANGELES FIRE DEPARTMENT FIRE PREVENTION DIVISION ATtb�/ Land Development Unit 5823 Rickenbacker Road Commerce, CA 90040 Telephone (323) 890-4243, Fax (323) 890-9783 PROJECT: TR 51644-REVISED MAP DATE: April 28, 2020 19. All proposed gates, both vehicular and pedestrian gates, shall comply with the Fire Department's Regulation 5. Verification for compliance will be performed during final inspection of the gate prior to occupancy. 20. The driveways required for fire apparatus access shall be posted with signs stating "No Parking -Fire Lane" and/or stripped accordingly in compliance with the County of Los Angeles Fire Code prior to occupancy. 21. All proposed streets and driveways within this development shall provide approved street names and signs. All proposed buildings shall provide approved address numbers. Compliance required prior to occupancy to the satisfaction of the Department of Public Works and the County of Los Angeles Fire Code. HELISPOT CONDITIONS OF APPROVAL Convey an easement prior to recordation of final map to the Consolidated Fire Protection District of Los Angeles County (Fire District) for operation and maintenance of a helispot on open space lot number 2451. 2. The graded flat helipad shall be a minimum dimension of 168 feet diameter pad. 3. The helipad shall be improved as follows: - Construct as 50 feet by 50 feet reinforced concrete pad. - Locate a fire hydrant at the helipad. - Construct a sump pit with a locking water supply with valve, and a locking drain valve to assure that the sump does not fill with water from rain or other run-off. The sump shall be 3'/2 feet deep, 12 feet wide, by 12 feet long. The sump shall be made of steel -reinforced concrete. Its sides shall be sloped at such an angle as to prevent a fall from the edge into the sump, and the sump sides shall also be rough -stamped in such a manner to discourage activities such as skating, skateboarding, bicycling, etc., and coarse enough to provide easy egress should someone accidentally fall into the sump when full of water. - Cover remaining graded area with #2 rocks, 5 inches deep. Reviewed by: Juan Padilla Date: June 3, 2020 Page 5 of 6 �' 41FB ■; COUNTY OF LOS ANGELES FIRE DEPARTMENT FIRE PREVENTION DIVISION ATtb�/ Land Development Unit 5823 Rickenbacker Road Commerce, CA 90040 Telephone (323) 890-4243, Fax (323) 890-9783 PROJECT: TR 51644-REVISED MAP DATE: April 28, 2020 4. The precise location, specifications, and details of these improvements shall be determined by the Air Operations Section after the site has been graded. 5. Establish Covenants, Conditions, and Restrictions (CC&Rs) which grant the Consolidated Fire Protection District of Los Angeles County (Fire District), or other agencies as agreed to by the Fire District, the exclusive use of the helipad. The CCRs shall also limit vertical obstructions such as trees, antennas, etc. within a specified radius of the site. Contact Air Operations Section at (818) 890-5755 for specific details and approval of the CC&R's. 6. Completion of the helipad shall be done prior to the issuance of the 400th building permit, or later if approved in writing by the Fire Chief of the Fire District. This is based upon 820 approved units and is subject to change if the number of approved units changes. Contact the Fire Department Air Operation Section at (818) 890- 5755 for the inspection and approval of the completed helipad. For any questions regarding the report, please contact Juan Padilla at (323) 890-4243 or Juan.Padilla@fire.lacounty.gov. Reviewed by: Juan Padilla Date: June 3, 2020 Page 6 of 6 LOS ANGELES COUNTY DEPARTMENT OF PARKS AND RECREATION PARK OBLIGATION REPORT a� G�iraxr+R•. '"f raw•a r— Tentative Map # TR51644-R1 DRP Map Date: 04/28/2020 SCM Date: 06/11/2020 Report Date: 06/01/2020 Park Planning Area # 35B CSD: CASTAIC AREA CSD Map Type: Amendment Map - Tract Total Units 820 = Proposed Units 820 + Exempt Units 0 Park land obligation in acres or in -lieu fees: ACRES: 8.48 IN -LIEU FEES: $1,841,228 Sections 21.24.340, 21.24.350, 21.28.120, 21.28.130, and 21.28.140, the County of Los Angeles Code, Title 21, Subdivision Ordinance provide that the County will determine whether the development's park obligation is to be met by: 1) the dedication of land for public or private park purpose or, 2) the payment of in -lieu fees or, 3) the provision of amenities or any combination of the above. The specific determination of how the park obligation will be satisfied will be based on the conditions of approval by the advisory agency as recommended by the Department of Parks and Recreation. The Representative Land Value (RLVs) in Los Angeles County Code (LACC) Section 21.28.140 are used to calculate park fees and are adjusted annually, based on changes in the Consumer Price Index. The new RLVs become effective July 1st of each year and may apply to this subdivision map if first advertised for hearing before either a hearing officer or the Regional Planning Commission on or after July 1 st pursuant to LACC Section 21.28.140, subsection 3. Accordingly, the park fee in this report is subject to change depending upon when the subdivision is first advertised for public hearing. The park obligation for this development will be met by: The dedication of 12 acres for private park. Trails: Comments: See also attached Trail Report Phase A of Tract Map 51644 provided 13.4 acres of parkland which was 3.84 acres above the required acreage of 9.56 in the Park Obligation Report dated October 21, 2010. This excess of 3.48 acres will be applied to the current acre obligation of 8.48, reducing the obligation to 5.0 acres. Based on the Department's review of the subdivision map dated December 12, 2017, the project is proposing a total of 12.0 acres of developed private parkland on twelve (12) numbered lots. This amount of private parkland is sufficient to fulfill the project's remaining Quimby Obligation of 5.0 acres. Please see attached table of private parkland that will fulfill the remaining Quimby obligation. For further information or to schedule an appointment to make an in -lieu fee payment: Please contact Clement Lau at (626) 588-5301 or Loretta Quach at (626) 588-5305 Department of Parks and Recreation, 1000 S. Fremont Avenue, Unit #40. Building A-9 West, 3rd Floor. Alhambra, California 91803. By Clement Lau, Departmental Facilites Planner II SD-5 June 01, 2020 LOS ANGELES COUNTY DEPARTMENT OF PARKS AND RECREATION mx 11 PARK OBLIGATION WORKSHEET G�iraxr+R '"f rax• a Tentative Map # TR51644-R1 DRP Map Date: 04/28/2020 SCM Date: 06/11/2020 Report Date: 06/01/2020 Park Planning Area # 35B CSD: CASTAIC AREA CSD Map Type: Amendment Map - Tract The formula for calculating the acreage obligation and or in -lieu fee is as follows: (P)eople x (0.0030) Ratio x (U)nits = (X) acres obligation (X) acres obligation x RLV/Acre = In -Lieu Base Fee Where: P = Estimate of number of People per dwelling unit according to the type of dwelling unit as determined by the U.S. Census Ratio = The subdivision ordinance provides a ratio of 3.0 acres of park land for each 1,000 people generated by the development. This ratio is calculated as "0.0030" in the formula. U = Total approved number of Dwelling Units. X = Local park space obligation expressed in terms of acres. RLV/Acre = Representative Land Value per Acre by Park Planning Area. Total Units 820 = Proposed Units 820 + Exempt Units 0 Park Planning Area = 35B Type of dwelling unit People " Ratio 3.0 Acres/ 1000 People Number of Units Acre Obligation Detached S.F. Units 3.45 0.0030 696 7.20 M.F. < 5 Units 3.44 0.0030 124 1.28 M.F. — 5 Units 2.73 0.0030 0 0.00 Mobile Units 2.76 0.0030 0 0.00 Exempt Units 0 0.00 TOTAL 820 8.48 Ratio Acre Obligation RLV / Acre In -Lieu Base Fee @ (0.0030) 8.48 $217,042 $1,841,228 Lot # Provided Space Provided Acres Credit (%) Acre Credit 0 private park 12.00 100.00% 12.00 Total Provided Acre Credit: 12.00 Acre Obligation Private and Crdt. Net Obligation RLV / Acre In -Lieu Fee Due 8.48 12.00 -3.52 $217,042 $0 SD-5 June 01, 2020 TR51644 Private Parkland Lot # Provided Space Provided Acres Credit (%) Acre Credit Land 2472 Private Park - Community Park 1.1 100% 1.1 Private 2471 Private Park - Outpost North 0.4 100% 0.4 Private 2470 Private Park -The Gardens 0.9 100% 0.9 Private 2469 Private Park - Outpost West 0.6 100% 0.6 Private 2468 Private Park - Contour Park 1.8 100% 1.8 Private 2454 Private Park- Neighborhood Park 1 0.2 100% 0.2 Private 2452 Private Park - Neighborhood Park 2 0.1 100% 0.1 Private 2456 Private Park - Neighborhood Park 3 0.2 100% 0.2 Private 2467 Private Park - Summit Park 0.1 100% 0.1 Private 2466 Private Park - Outpost South 0.5 100% 0.5 Private 2473 Private Park - Senior Rec Center 2.3 100% 2.3 Private 2457 Private Park - Age Qualified Rec Center 3.8 100% 3.8 1 Private Total Provided Acre Credit 12.0 COUNTY OF LOS ANGELES DEPARTMENT OF PARKS AND RECREATION "Parks Make Life Better!" John Wicker, Director Norma E. Garcia, Chief Deputy Director May 28, 2020 TO: Ms. Marie Paulovic, Senior Planning Assistant Department of Regional Planning Land Divisions Section FROM: Michelle O'Connor, Trails Planning Section Head Department of Parks and Recreation Planning Division SUBJECT: NOTICE OF TRAIL CONDITIONS FOR REVISED VESTING TENTATIVE TRACT MAP #51644-1 (SUBMITTED TO REGIONAL PLANNING ON April 28, 2020) The Department of Parks and Recreation (DPR) has completed the trail review of Revised Vesting Tentative Tract Map No. 51644-1. The proposed Cliffie-Stone Trail, Cliffie-Stone Extension Trail, San Francisquito Trail, Charlie Canyon Trail, and Tapia Canyon Trail alignments, as shown on subject map sheet #8 Conceptual Master Trails Plan, are approved. DPR is requiring the Subdivider to dedicate a twelve -foot (12') wide trail easement and construct a variable -width eight -foot (8') to ten -foot (10') wide multi- use (hiking, mountain biking, and equestrian) trail adjacent to proposed streets "A" and "E", and dedicate a minimum twenty -foot (20') wide trail easement over existing trails within the open space lots (not adjacent to proposed streets), dedicate an overlay easement within the trail staging/rest area, and construct trail staging/rest area per condition #11 a to the satisfaction of the DPR. DPR trail conditions and trail staging/rest area conditions of map approval shall be satisfied by the Subdivider after issuance of grading permit, though prior to issuance of the first building permit: 1. Subdivider shall dedicate a twelve -foot (12') wide multi -use trail easement for the section of Cliffie-Stone Trail adjacent to "A" and "E" Streets and construct a variable -width eight -foot (8') to ten -foot (10') wide decomposed granite surface trail up to the northern boundary of lot #2435 (1.9-acre debris basin), as shown on map sheet five (5) of ten (10). 2. Subdivider shall dedicate a twenty -foot (20') wide multi -use trail easement for a segment of the Cliffie-Stone Trail northeast of lot #2435, and twenty -foot (20') wide multi -use trail easement for the Cliffie-Stone Extension Trail, San Planning and Development Agency • 1000 S. Fremont Avenue, Unit #40, Alhambra, CA 91803 • (626) 588-5322 Ms. Marie Paulovic May 28, 2020 Page 2 Francisquito Trail, Charlie Canyon Trail, and Tapia Canyon Trail, as shown on subject map not adjacent (contiguous) to proposed roadways within the graded slope areas and within the proposed open space lots 2474, 2475, 2476 and 2477, as shown on map sheets two (2), three (3), four (4), six (6), eight (8) of ten (10). • Subdivider is responsible to construct the segment of trail within the twenty -foot (20') wide multi -use trail easement, which meanders across proposed graded slopes. See sheet four (4) and six (6) of ten (10), east and northeast of "E" Street. • Subdivider is responsible to construct portions of trail within any section of the existing trail, that is found to be unsafe/unusable within the proposed twenty -foot (20') wide multi -use easements. • Subdivider is responsible to provide lodgepole fencing per specifications within condition #10b on each side of the Cliff ie-Stone Trail adjacent to "A" and "E" streets and at each side of the public trail access between lot #2137 and lot #2136. • Subdivider is responsible to provide Cliffie-Stone Trail public access at the intersection of "A" and "E" streets, II cul-de-sac, HH cul-de-sac, and along the east side of the debris basin access road between lot #2137 and lot #2136 with use of a minimum eight (8') wide recorded trail easement to the County with natural soil trail tread. • Subdivider is responsible develop an offsite trail staging area (0.2-acre) adjacent to the existing Cliffie-Stone Trail and south of lot #2444, as shown on map sheet five (5) of ten (10). ■ Provide a draft trail staging/rest area plan with amenities listed within condition #11 a. Provide the draft site plan to DPR for review and approval, prior to construction of said area. 3. Subdivider is responsible to provide trail signage within the twelve (12) foot wide multi -use trail easements utilizing the Department trail sign standards. 4. The required trail easements shall be recorded via separate instrument, prior to final map recordation. Trail recordation deed number(s) and trail alignments must be displayed appropriately on final map sheets. • Upon request, DPR will provide a trail easement recordation template. Ms. Marie Paulovic May 28, 2020 Page 3 5. Full public access shall be provided in perpetuity for the multi -use trail. 6. Easement dedication(s) must be outside the public road right-of-way unless approved by the Department of Public Works (DPW). 7. Subdivider shall include the DPR in the transmittal of the project grading plan to Regional Planning, which should include trail grading information. The trail grading information shall conform to the County of Los Angeles Trails Manual (Trails Manual) and any applicable County codes, including but not limited to the following: • Cross slope gradients on trail not to exceed four percent four percent (4%) with two percent (2%) preferred, and longitudinal (running) slope gradients not to exceed twelve percent (12%) for more than fifty feet (50') unless approved by DPR. • Typical trail -section view(s) to include: ■ Width and name of trail ■ Longitudinal (running) gradients ■ Cross slope gradients • Bush hammer (or equivalent rough finish) at minimum width of eight feet (8') for roadway (if concrete surface) trail surface crossings to provide traction and increase trail user safety. • Appropriate retaining walls, as needed within the proposed graded slope areas to sustain trail tread. 8. Lodgepole fencing required (see condition #10b lodgepole fencing specifications) within both sides of the twelve foot (12') wide multi -use trail easement along "A" and "E" Street unless directed otherwise from DPR. Eight foot (8') minimum width of trail is recommended when lodgepole fencing is installed on each side of trail. • Trail fencing is required to delineate trail boundary and increase trail user safety, where trails are adjacent to streets and access proposed streets. • Minimum sixteen -foot (16') length of fencing is required on each side of the trail prior to entering any proposed street, as shown on map sheet four (4) of ten (10) between lot 2111 and lot 2112, and six (6) of ten (10) between lot 2136 and lot 2137. Ms. Marie Paulovic May 28, 2020 Page 4 9. Curb -cuts may be required at public trail access points between lot 2111 and lot 2112, and between lot 2136 and lot 2137. 10. After project trail grading plan approvals, but prior to building permit issuance, the Subdivider shall: a. Submit a preliminary construction schedule showing milestones for completing the trail. Provide updated trail construction schedules, as needed, to DPR monthly. b. Stake the centerline of the trail and then schedule a site meeting with DPR's Trails Planning Section Planner for trail alignment inspection and approval. 11. Construction of trail, staging/rest area, and installation of lodgepole fencing: a. Cliffie-Stone Trail: Trail is adjacent to "A" and "E" Streets: Construct the variable -width eight -foot (8') to ten (10') foot wide decomposed granite surface trail within the twelve -foot (12') wide dedicated easement in a manner consistent with the Trails Manual. The Trails Manual is available at http://trails.lacounty.gov. Out -slope of trail tread is 2% to 4% with trail running grade at 5%, or up to 8% for <100' or 12% for <50'. Significant deviation from the design guidelines in the Trails Manual must be reviewed and approved by DPR. See Chapter 4: "Trail Design Classification Guidelines," for trail construction guidelines and/or contact Trails Planning Section Planner for guidance. b. Lodgepole Fencing: Pine posts treated with Alkaline Copper Quaternary (ACQ) wood preservative. Vertical posts are seven feet (7') in height by six and one-half inch (61/2") diameter. The posts have two (2) holes at eighteen inches (18") on center and top rail is six inches (6") from post top to the centerline of rail hole. The rails are also ACQ treated and they are eight feet (8') in length by four and one-half inches (41/2") in diameter with beveled ends. The posts are installed fifty-four inches (54") above grade and thirty inches (30") below grade. Posts are set in three-quarter inch (3/") aggregate base layer at eighteen inches (18") deep with four inches (4") of compacted earth as top layer. Ms. Marie Paulovic May 28, 2020 Page 5 • Comparable fencing of different material, shape and size to match the existing Cliffie-Stone Trail fencing may be substituted with approval from DPR. 12. Trail Staging/Rest Area: a. Provide a site plan and construct the trail staging/rest area to include, but not be limited to, the following specifications and amenities: • Decomposed granite base with binder across surface area. • Perimeter lodge -pole fencing per condition 10b. specifications. • Low wall to mask area from street traffic view. • Landscaped areas surrounding the area. • Minimum two (2) large steel horse ties. • One (1) stainless steel horse drinker near horse ties. • One (1) drinking fountain designed for both human and dog consumption of potable water. • Minimum one (1) steel shade structure. • Minimum one (1) steel picnic table (must be secured to ground). • Various large local natural boulders with flat tops at various heights in lieu of benches. • Trail Kiosk with roof per DPR specifications. 13. Notify DPR within five (5) business days of trail construction completion, including installation of all required lodgepole fencing for a, "Final Trail Inspection". The Final Trail Inspection is required to obtain DPR approval and ensure the trail and fencing follow the trail construction guidelines within the Trails Manual. If any portions of the constructed trail and fencing are not conforming, they shall be corrected and brought into compliance within thirty (30) calendar days. The Subdivider shall then contact DPR to schedule another site inspection. 14. Prior to DPR's final approval of the constructed Cliffie-Stone Trail, trail staging/rest area and other trail alignments, the Subdivider shall: a. Submit electronic copies on CD (AutoCAD) of the as -built trail grading/construction drawings to the DPR's Trails Planning Section. b. Submit a letter to DPR requesting acceptance of the dedicated constructed trail, trail fencing, and staging/rest area. Ms. Marie Paulovic May 28, 2020 Page 6 15. DPR will be responsible for trail operation and maintenance within the twelve (12) foot wide easement after final trail acceptance and subsequent an 18-month establishment period. 16. If a Community Facilities District (CFD) is formed in accordance with Board Policy 4.047 to support the development and financing of public infrastructure and services, which includes the operation and maintenance of recreational facilities, the CFD shall include appropriate funding to support on -going maintenance of the public trail and associated facilities. Please feel free to contact me with any questions concerning the trail alignment or conditions of approval at (626) 588-5302 or by email at moconnor@parks.lacounty.gov. c: BLC Tesoro LLC (M. Schlesinger) Parks and Recreation (A. Bokde, S. Woods, C. Lau, L. Quach, Z. Likins, R. Ettleman) COJrtV Of LOS,IV. COUNTY OF Los ANGELES Public Healtb �4!lFo0.K�P COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH DIVISION OF ENVIRONMENTAL HEALTH 5050 COMMERCE DRIVE BALDWIN PARK, CA 91706 (626) 430-5380 May 8, 2020 CASE: RPPL2019006472 PROJECT: TR51644-Rl PLANNER: Pavlovic, Marie LOCATION: 29515 San Francisquito Canyon Road Santa Clarita CA 91390 The Department of Public Health -Environmental Health Division has reviewed the above project to propose subdividing 1,274.6 acres into 811 lots for the future construction of 696 single-family dwellings, 9 multiple -family lots with 124 detached condominium units, 15 debris basin lots, 12 water quality basin lots, 3 water tank lots, 1 helipad lot, 5 senior recreational area lots, 1 senior center lot, 6 linear park lots, 9 private park lots, 1 private recreational center lot, 29 open space lots and 24 private driveway and future street lots for a total of 820 residential dwelling units. The applicant provided an April 27, 2020 sewer "Will Serve" letter. An April 17, 2020 conditional Water Availability letter indicates that conditions outlined in the letter must be met and that the letter is valid for up to 24 months from the date issued. Public Health recommends approval of the above project with the conditions remaining below that must be satisfied before final map approval. 1. The applicant must provide a statement in writing indicating that they will agree to and abide by all conditions outlined in the April 27, 2020 conditional Water Availability letter and keep the letter and agreement current and in -force until final map approval. 2. Applicant is to keep their sewer "Will Serve" letter current and in -force until final map approval. Please contact Shayne LaMont, Land Use Program for any questions regarding this report: slamont(a)ph.lacounty.gov. Prepared by: Shayne LaMont EHS IV Registered Environmental Health Specialist Supervisorial District 5 5.0' REI 8.5' REr x.o• REI 14.0• REr 14.0• Isr I.0' flEr 20' flEr i I.5' REr 100' REr 11.5' REI 5.5' REr INSET "A" �I jSEE DETAIL 'A" SEE DETAIL "G„ SEE DETAIL SEE DETAIL "D" SEE DETAIL "E" SEE DETAIL 11B" SEE DETAIL SEE DETAIL "A" A" � SEE DETAIL "B" SEE DETAIL "A" SEE INSET "A" SEE DETAIL "A" SEE DETAI SEE DETAIL SEE INSET 'A SEE DETAIL "A" A gP. RETAINING WALL SECTION sxawry ory ainry RETAINING WALL EXHIBIT (04-25-2018) (REVISED: 04 -28 -2020 ) NOTE_ GRADING SUBJECTTO CHANGEBASED ON I LJ FINAL DESIGN_ RETAINING WALL SHOWN ARE Tw BASED ON GRADING AND EXCLUDES WALLS REQUIRED DUETO UTILITYSTRUCTURES FUSCOE SIKAND 523 .yus, 9141 , Van Nuys, CA 91411 - _ E"1�"�onsiv'a""Ho is�rwe>tin Tel: (818) 787-8550 E ggpP MSE WALL Fax: (818) 901-7451 info@sikand.com O TYP. RETAINING WALL SECTION IAI Hp-F CN Foa,SSbN�N� 2 OTVP. RETAINING VVALL Exhibit L SE D TAIL "E" AF------ SEE DETAIL "B" ©WALL SECTION 11 If ..•CAilFORts�A June 15, 2021 Los Angeles County Department of Regional Planning Piannin ,r for the Challenges Ahead Mr. Schlesinger 100 Bayview Circle, Suite 240 Newport Beach, CA 92660 Dear Mr. Schlesinger: p�6�4�r'I C6L�d 4 P 2 hr ligEGib�Fy Amy J. Bodek, AICP Director of Regional Planning Dennis Slavin Chief Deputy Director, Regional Planning PROJECT NO. TR51644-1-(5tn) SECOND AMENDMENT TO REVISED VESTING TENTATIVE TRACT MAP NO. 51644-1 PROJECT SITE APNs: 3244-159-034 & -046; 3244-160-017 thru -025; 3244-161-001 thru -023; 3244-162-001 thru -006; 3244-163-003 thru -007; 3244-164-001 thru -009 (all inclusive) Hearing Officer Alejandro Garcia, by his action of June 15, 2021, has approved the above -referenced project. Enclosed are the Hearing Officer's Findings and Conditions of Approval. Please carefully review each condition. This approval is not effective until the appeal period has ended and the required documents and applicable fees are submitted to the Regional Planning Department (see enclosed Affidavit of Acceptance Instructions). The applicant or any other interested persons may appeal the Hearing Officer's decision. The appeal period for this project will end at 5:00 p.m. on June 28, 2021. Appeals: To file an appeal, please contact: Appeals must be submitted through the County's online electronic permit management system (EPIC -LA). For instructions on how to appeal online, please email appeal(a)plan ning.lacounty.gov before the end of the appeal period. Upon completion of the appeal period, the notarized Affidavit of Acceptance and any applicable fees must be submitted to the planner assigned to your case. Please make an appointment to ensure that processing will be completed in a timely manner. Failure 320 'West Temple Street • Los Angeles, CA 90012 • 213-974-641 1 • TDD: 213-617-2292 a D Q (4),LACDRP I planning. lacounty.gov Mr. Schlesinger June 15, 2021 Page 2 to submit these documents and applicable fees within 60 days will result in a referral to Zoning Enforcement for further action. In addition, any applicable California Environmental Quality Act fees for the Department of Fish and Wildlife shall be paid, and a Notice of Determination, if applicable must be filed with the County Clerk according to the instructions with the enclosed Affidavit of Acceptance. A Notice of Exemption, if applicable, may also be filed according to the instructions in the enclosed Affidavit of Acceptance. For questions or for additional information, please contact Marie Pavlovic of the Land Divisions Section at (213) 974-6433, or mpavlovic@planning.lacounty.gov. Sincerely, AMY J. BODEK, AICP Director of Regional Planning Lyn�w HtV<� for J. Huntington Joshua Huntington, Supervising Regional Planner Land Divisions Section JH:MP Enclosures: Findings, Conditions of Approval, Affidavit of Acceptance (Permittee's Completion), Notice of Determination (1 original, 1 copy) c: DPW (Land Development) CP_06.15.21_2Id Amendment for the Revised Tesoro Project M-0-H.- 0 Z ow Wo m -'PH2 Iz o 44;- -------------------------- Lf-) ---------------- ------------ — --------- LU Y/ i EXHIBIT C I LEGEND DESCRIPTION PARCEL 1 & 2 OPEN SPACE FOR INITIAL TRANSFER TO CITY OPEN SPACE FOR FUTURE TRANSFER TO CITY PARCEL 2 EXHIBIT A-1 APPROX. AREA (AC) CITY OWNED OPEN SPACE 176 AC 712 AC 'NOTE: ALL OPEN SPACE TAKE -OFFS HAVE BEEN CALCULATED 56 AC FROM EITHER THE GRADING DAYLIGHT LINE, OUTERMOST EDGE OF FUEL MOD LIMITS, OR OTHER DETERMINED LIMIT OF HOA MAINTENANCE, WHICHEVER IS GREATER. TOTAL: 770 AC OUTER EDGE OF FUEL MOD ZONE—. PROPERTY BOUNDARY PARCEL 2 CITY OPEN SPACE EXHIBIT TESORO HIGHLANDS SAN FRANCISQUITO CANYON RD PROPERTY BOUNDARY PARCEL 1 PARCEL 1 � / , i/r/ � ir/ ri �j�r�/�j/�/ � r✓ r// �i'j/oi '. j/ a' PARCEL 1 r � , OUTER EDGE OF FUEL MOD ZONE (CITY OWNED OPEN SPACE) `. (176 ACRES) PARCEL 1 SAN FRANCISQUITO CANYON RDA p, 1 �0" ®0W/30/21 EXHIBIT A-1 LEGEND DESCRIPTION APPROX. AREA IAC7 ❑ CITY OWNED OPEN SPACE 176 AC PARCEL 1 & 2 OPEN SPACE FOR INITIAL TRANSFER TO CITY 712 AC ;NOTE: ALL OPEN SPACE TAKE -OFFS HAVE BEEN CALCULATED OPEN SPACE FOR FUTURE TRANSFER TO CITY 58 AC FROM EITHER THE GRADING DAYLIGHT LINE, OUTERMOST EDGE OF FUEL MOD LIMITS, OR OTHER DETERMINED LIMIT OF HOA MAINTENANCE, WHICHEVER IS GREATER. TOTAL: 770 AC o� 3��►Vf%Fr PARCEL 1 PARCEL 2 OUTER EDGE OF FUEL MOD ZONE PROPERTY ROUN]ARY ` PARCEL 2 PARCEL 1 I CITY OPEN SPACE EXHIBIT TESORO HIGHLANDS SAN FRANCISQUITO CANYON RD i I. III c IZ 0 I=' I� a — PARCEL 1 OUTER EDGE OF FUEL MOD ZONE �V (CITY OWNED OPEN SPACE) 1176 ACRES} f .. SAN FRANCISQUITO CANYON RD - 1 P1� o�nazl EXHIBIT A-2 All that certain real property situated in the unincorporated territory of the County of Los Angeles, State of California, more particularly described as follows: PARCELS 1 AND 2 AS SHOWN ON A SUBDIVISION MAP FOR PARCEL NO. 82721, FILED IN BOOK PAGES TO , INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA. Special Status Vegetation Types Habitat Mitigation and Monitoring Program Tesoro del Valle Phases B and C Revised VTTM 51644-1 Los Angeles County, California EIR Mitigation Measure B10-1 Prepared for BLC TESORO LLC 100 Bayview Circle, Suite 240 Newport Beach, California 92660 Contact: Michael Schlesinger T: (949) 945-2290 Prepared by Psomas 225 South Lake Avenue, Suite 1000 Pasadena, California 91101 Contact: David Hughes Certified Ecological Restoration Practitioner #243 T: (626) 351-2000 January 25, 2021 Tesoro del Valle Residential Development Project, Phases 8 and C TABLE OF CONTENTS Section Page 1.0 Introduction.....................................................................................................................1 1.1 Project Location.....................................................................................................3 1.2 Project Description................................................................................................3 1.3 Project Impacts......................................................................................................3 1.4 Description of Special Status Vegetation Types....................................................5 1.4.1 Sage Scrub Communities..........................................................................5 1.4.2 Holly -Leaf Cherry Woodland...................................................................... 5 1.4.3 Mixed Chaparral —Alluvial Scrub —Annual Grassland..................................5 1.4.4 Southern Riparian Scrub........................................................................... 5 2.0 Mitigation Summary........................................................................................................6 2.1 Mitigation Requirements........................................................................................6 2.2 Responsible Parties..............................................................................................7 2.2.1 Project Applicant........................................................................................ 8 2.2.2 Project Biologist......................................................................................... 8 2.2.3 Long -Term Management Entities.............................................................. 8 2.2.4 Easement Holder....................................................................................... 9 2.2.5 CEQA Mitigation Compliance.................................................................... 9 3.0 Mitigation Strategy........................................................................................................10 3.1 Habitat Preservation............................................................................................10 3.1.1 Sage Scrub Communities........................................................................ 10 3.1.2 Holly -Leaf Cherry Woodland.................................................................... 10 3.1.3 Mixed Chaparral —Alluvial Scrub —Annual Grassland ................................ 10 3.1.4 Southern Riparian Scrub......................................................................... 11 4.0 Ongoing Site Preservation and Management.............................................................13 4.1 Mitigation Site Ownership....................................................................................13 4.2 Long -Term Site Management..............................................................................13 4.3 Funding Mechanism............................................................................................14 4.4 Coordination with CDFW and Other Permitting Agencies...................................14 5.0 References.....................................................................................................................15 R.\PmjBCLs,BLG\3BLG000101\HMMP\Special St,t., V.g.t.t,.nWMMP_Spe .1 St.t.s V.g-012521d— i Table of Contents Tesoro del Valle Residential Development Project, Phases 8 and C TABLES Table Page 1 Vegetation Types and Other Areas Impacted by the Proposed Project ............................4 2 Summary of Vegetation Impacts and Required Mitigation................................................7 3 Responsible Parties.......................................................................................................... 8 4 Summary of Habitat Preservation...................................................................................12 EXHIBITS Exhibit Follows Page 1 Local Vicinity.....................................................................................................................3 2 Project Location................................................................................................................3 3 Vegetation Impacts...........................................................................................................3 4 Habitat Preservation Areas.............................................................................................10 R\Pmj..ts�BLG\3BLG000101\HMMP\Special SlelusVegsfelionWMMP_Sp—.1 Slelus Vsg-012521d— ii Table of Contents Tesoro del Valle Residential Development Project, Phases 8 and C 1.0 INTRODUCTION The Habitat Mitigation and Monitoring Plan (HMMP) described herein provides requirements and guidelines for various mitigation activities that are intended to compensate for impacts to special status vegetation types on the Tesoro del Valle property in northern Los Angeles County, California. This HMMP includes several revisions to a version that was previously submitted to the County of Los Angeles. Previous versions described a variety of mitigation strategies including habitat preservation, enhancement, and restoration to provide sufficient mitigation acreage to compensate for project impacts. Reductions in the extent of required fuel modification activities were recently approved by the Los Angeles County Fire Department, so that habitat enhancement and restoration strategies are no longer necessary to provide sufficient mitigation to offset project impacts. Specifically, the reduction in the fuel modification footprint is related to the elimination of Zone C vegetation thinning impacts, which has reduced impacts to special status vegetation types by 19.19 acres. The proposed mitigation activities are intended to compensate for impacts to sage scrub, holly - leaf cherry woodland, mixed chaparral —alluvial scrub —annual grassland, and southern riparian scrub as discussed in Mitigation Measure (MM) Bio-1 in the Final Supplemental Environmental Impact Report ("FSEIR", Psomas 2018) for the Tesoro del Valle Phase B and C Residential Development Project. The HMMP is provided for review by the Los Angeles County Department of Regional Planning (LACDRP). Please note that if any discrepancies occur between the requirements of MM Bio-1 and this HMMP regarding impact and mitigation quantities then what is described in the HMMP will supersede the MM upon approval of this document. Specifically, MM Bio-1 requires the following items to be addressed in the HMMP: • Responsibilities and Qualifications of the Personnel to Implement and Supervise the Plan. The responsibilities of the Landowner, Specialists, and Maintenance Personnel that will supervise and implement the plan shall be specified (described in Section 2.2). • Site Selection. The site(s) for mitigation shall be determined in coordination with the Project Applicant and the LACDRP. The site shall be located in a dedicated open space area and will be contiguous with other natural open space areas (Mitigation sites are located in dedicated open space areas and contiguous with other natural open space; see Section 3.0 and Exhibits 4 through 6). Site Preparation and Planting Implementation. Site preparation shall include (1) protection of existing native species; (2) trash and weed removal; (3) native species' salvage and reuse (i.e., duff); (4) soil treatments; (5) erosion -control measures (i.e., rice or willow wattles); and (6) seed mix application. The mitigation plan shall include a discussion of whether active restoration or enhancement is required to achieve the objectives of the HMMP or if passive restoration is expected to result in the desired HMMP objectives within a reasonable time frame (described in Section 3.0). Plant Material. All plant material used for habitat restoration purposes shall consist of native species that are local to the immediate area of the mitigation site. The source of plant material used for habitat restoration shall come from areas within 10 miles of the mitigation site and within 1,000 feet of elevation. All plant material proposed for use in a habitat restoration program shall be inspected by a qualified biological monitor to ensure that all container plants are in good health and do not contain pests or pathogens that may be harmful to existing native plants or wildlife species, including but not limited to Argentine ants, invasive shot hole borers, phytophthora, etc. Any seeds to be used for habitat restoration purposes shall be collected, cleaned, stored, and packaged by a qualified seed RIP.j..tsaLC,3aLC000,o,\HMMP\Sp.c,.I Sl.t.s V.g.t. .fl MMP_Spe .1 stars Ve9-012521.d— 1 Special Status Vegetation Types Habitat Mitigation Plan Tesoro del Valle Residential Development Project, Phases 8 and C supplier. Native seed mixes shall be inspected by a biological monitor prior to their application to ensure that they contain the proper species and that seed packages are in good condition and do not contain any pests or pathogens. Diseased or infested plant, seed, or landscape materials shall be removed from the site and transported to an appropriate off -site green waste facility (described in Sections 4.0 and 6.0). • Schedule. Establishment of restoration/revegetation sites shall be conducted between October 15 and January 30. Introduction of hydroseed mix and container plants shall occur immediately after the restoration sites are prepared (described in Sections 4.6 and 5.0). Maintenance Plan/Guidelines. The Maintenance Plan shall include (1) weed control; (2) herbivory control; (3) trash removal; (4) irrigation system maintenance; (5) maintenance training; and (6) replacement planting (described in Section 5.0). Monitoring Plan. The Monitoring Plan shall include (1) qualitative monitoring (i.e., photographs and general observations); (2) quantitative monitoring (i.e., randomly placed transects); (3) monthly reports for the first year and every other month thereafter; and (4) annual reports for five years, which will be submitted to the LACDRP. Monitoring will be conducted for five years or until performance standards have been met (described in Section 6.0). Performance Standards. The HMMP shall include a discussion of appropriate performance standards to determine habitat restoration success. Minimum native species coverage of approximately 90 percent relative to a nearby reference site at the end of the five-year monitoring period is a commonly utilized performance standard, though the final performance standards shall be determined based on specific site conditions. The restoration program shall be considered successful if the performance standards have been achieved at the end of the five-year monitoring period and once successful plant establishment has been documented (e.g., plant health is determined to be satisfactory by the biological monitor at least two years after supplemental watering has been discontinued). If performance standards have not been achieved at the conclusion of the five-year monitoring period, monitoring and maintenance activities shall be continued until performance standards have been met (described in Section 6.1). • Signage and Fencing. If necessary, the HMMP shall include specifications on fencing to protect biological resources and restrict human access. Signage specifications shall also be developed to indicate the site is a preserve area and to either indicate that trespassing is not allowed or to instruct visitors to stay on trails if public access is allowed (described in Section 4.5). Long -Term Site Management. The HMMP shall identify an appropriate entity to manage any open space areas utilized for mitigation purposes. A long-term management plan shall also be developed which will be implemented by the Long -Term Management Entity (LTME). Potential land management entities include the Mountains Recreation and Conservation Authority; the Tesoro del Valle Homeowners Association; the Nature Conservancy, the City of Santa Clarita, or the County of Los Angeles. Any other management entities that may be identified would be subject to approval by the LACDRP. The County of Los Angeles shall be named as an enforcing party on any conservation easement or land dedication agreement to ensure compliance with any restrictions or required land management actions associated with the open space areas (described in Section 8.0). • Proof of Funding for Site Management. The HMMP shall provide a funding mechanism to ensure that sufficient funds are available to the Long -Term Management Entity for the ongoing management and protection of the mitigation sites. Possible funding mechanisms may include an endowment, payments from the Homeowners Association, or establishing a special financing district (described in Section 8.3). RIP.j..tsaLC,3aLC000,o,\HMMP\Sp.c,.I Sl.tus V.g.t.bnWMMP_Spe .1 stags Ve9-012521.d— 2 Special Status Vegetation Types Habitat Mitigation Plan Tesoro del Valle Residential Development Project, Phases 8 and C The goals of the mitigation plan are to (1) list the parties responsible for the implementation of the mitigation program; (2) describe the mitigation strategy to offset project impacts; (3) identify locations where mitigation activities will occur; and (4) describe long-term preservation requirements for the sites described herein. 1.1 PROJECT LOCATION The Tesoro del Valle Residential Development Project site (project site) is located in an unincorporated portion of Los Angeles County, just north of the City of Santa Clarita (Exhibit 1). The approximate 1,275-acre project site is located directly south of the Angeles National Forest's Saugus Ranger District, north of Copper Hill Drive and west of San Francisquito Canyon Road. The northeastern corner of the project site covers a portion of San Francisquito Canyon, which has been designated as Significant Ecological Area (SEA) No. 20 by the County of Los Angeles. The project site is also located immediately north of the Phase A development portion of the Tesoro del Valle project (Exhibit 2). The Angeles National Forest lies north of the project site and Castaic Lake is located approximately two miles to the northwest. The project site is located on the U.S. Geological Survey's (USGS') Newhall 7.5-minute quadrangle of the San Bernardino Meridian at Township 5 North, Range 16 West, Sections 21, 22, 27, 28, 29, 32, and 33. The topography on the project site consists of rugged hills and canyons with native vegetation types dominating the landscape. Elevations range from approximately 1,325 to 1,830 feet above mean sea level (msl). 1.2 PROJECT DESCRIPTION The proposed project involves the buildout of Phases B and C of the Tesoro del Valle Project site. The project's grading footprint impacts approximately 397 acres on which 820 homes would be created, consisting of 455 single-family detached homes and 365 age -qualified senior homes. Additionally, the project consists of the development of private parks and recreation areas; public and private trails; public and private open space; public and private roadways; and utility infrastructure. 1.3 PROJECT IMPACTS As described above, the Tesoro del Valle development footprint will cover approximately 400 acres which will impact several vegetation types that have been afforded "special status" and/or recognition by federal and State resource agencies (Exhibit 3). In addition to the direct impacts to vegetation via grading, a total of 7.94 acres will be modified to comply with requirements of Zone B fuel modification. Zone B fuel modification areas require permanent irrigation so that the composition of the natural vegetation community is modified with highly flammable vegetation being replaced with less flammable material that responds well to the increased irrigation. Table 1 provides a summary of impacts to vegetation types that would result from development of the project site (grading and fuel modification), with the impacted special status vegetation types indicated in bold face type. RIP.j..tsaLC,3aLC000,o,\HMMP\Sp.c,.I Sl.t.s V.g.t.tb fl MMP_Spe .1 stars Ve9-012521.d— 3 Special Status Vegetation Types Habitat Mitigation Plan QProject Boundary Castaic Lake State Rec Area Castaic Lake Qa e5 �z �a Castaic Lagoon Castaic Sp orts Complex Hasley Canyon Park e Live Oak Elementary School T C7 0 3 2 -A 00�and c 2. Six Flags Magic I. Mountain Local Vicinity amid Lake Castaic Lake Project Lake Location Piru 14 © 12 Santa River \\\ Cara Santa Clarita Simi Valley �q. Emblem - Elementary School School Exhibit 1 Habitat Mitigation Plan, Special Status Vegetation Types, Tesoro del Valle, Phases B and C Project N "-<�- E 1 0.5 0 1 S Miles (Rev: 05-27-2020 RM B) R:\Projects\BLC\3BLC000101\Graphics\HMMP\Sage_Scrub\ex_LV.pdf `195 WAP moss r , U F 1 D D F3 111 � t w�' r r "�f w► - , #'4 -dp S Project Impact Boundary Fuel Modification Impacts -01 Phases B & C Boundaries T Phase A Boundary Significant Ecological Area No. 20. a - F r:;,,, n.t• A Aerial Source: LAR-IAC 2014 Project Location Exhibit 2 Habitat Mitigation Plan, Special Status Vegetation Types, Tesoro del Valle, Phases B and C Project N w V E 2,000 1,000 0 2,000 S Feet (Rev: 07/01/2020 RMB) R:\Projects\BLC\3BLC000101\Graphics\HMMP\Sage_Scrub\ex_ProjectLocation.pdf OProject Boundary � Annual Grassland ® Grading Limits Alluvial Scrub ® Fuel Modification Impacts n] Coast Live Oak Woodland Vegetation Types and Other Areas F-1 Coast Live Oak Woodland/Elderberry Scrub © Mixed Chaparral/Alluvial Scrub/Annual Grassland � Coast Live Oak/Holly-leaf Cherry Woodland . Chamise Chaparral JW Elderberry Scrub Chamise Chaparral/Annual Grassland . Fremont Cottonwood Woodland Chamise Chaparral/Sage Scrub F—] Southern Riparian Scrub Sage Scrub F—] Disturbed/Developed Sage Scrub/Annual Grassland F—] Open Water Holly -leaf Cherry Woodland � Ornamental L P W '�'. gr0l., 1 IN� "ra t'P - 't ' z N"Riage 0� U�`�o eoxwo ao Y+�rdO . ��a 5�' � 1. - Q� Ta0 ao •aa . 'egetation Impacts Exhibit 3 abbiittat Mitigation Plan, Special Status Vegetation Types, Tesoro del Valle, Phases B and C Project Q �e 1,350 675 0 1,350 'y Feet �Ra�: 07mla02O RMB) R:w,q; ,t� BLC�BLcoomm\caph,cs\HMMP\Saga Lama. E,st, V, pdr Tesoro del Valle Residential Development Project, Phases B and C TABLE 1 VEGETATION TYPES AND OTHER AREAS IMPACTED BY THE PROPOSED PROJECT Grading Footprinta Fuel (acres) Modificationb No Total Zone B Impact On Site Vegetation Type/Other Area On -site Off -site (Wet Zone) (acres) (acres) Native Vegetation Types alluvial scrub (Lepidospartum squamatum Alliance) 0.00 0.00 0.00 27.65 27.65 blue elderberry scrub (Sambucus nigra Alliance) 8.78 0.00 0.00 4.39 13.17 chamise chaparral 74.24 0.00 1.20 197.52 272.96 (Adenostoma fasciculatum Alliance) chamise chaparral -annual grassland 12.49 0.00 0.10 22.27 34.86 (Adenostoma fasciculatum Alliance) chamise chaparral -sage scrub 175.09 0.00 3.00 186.48 364.57 (Adenostoma fasciculatum-Salvia mellifera Alliance) coast live oak woodland 0.26 0.00 0.00 5.16 5.42 (Quercus agrifolia Alliance) coast live oak woodland -blue elderberry scrub 0.00 0.00 0.00 7.84 7.84 (Quercus agrifolia-Sambucus nigra Alliances) coast live oak woodland -holly -leaf cherry woodland 0.00 0.00 0.00 0.52 0.52 (Quercus agrifolia-Prunus ilicifolia Alliances) Fremont cottonwood woodland 0.00 0.00 0.00 1.61 1.61 (Populus fremontii Alliance) holly -leaf cherry woodland 0.22 0.00 0.00 7.97 8.19 (Prunus ilicifolia Alliance) mixed chaparral -alluvial scrub -annual grassland 3.72 0.00 0.00 7.67 11.39 (no Alliance) sage scrub (Artemisia californica-Eriogonum 75.72 0.09 1.21 196.65 273.58 fasciculatum Alliance) sage scrub -annual grassland (Artemisia 21.80 0.01 2.40 132.83 157.03 californica-Eriogonum fasciculatum Alliance) southern riparian scrub (Salix lasiolepis Alliance) 1.43 1 0.00 0.00 3.20 4.63 Subtotal Native Vegetation Types 373.75 1 0.10 7.91 801.76 1,183.42 Subtotal Native Vegetation Types 373.85 Non -Native Vegetation Types annual grassland (Bromus semi -natural stands) 8.52 0.00 0.02 46.44 54.98 ornamental 4.49 0.77 0.00 4.02 8.51 Subtotal Non -Native Vegetation Types 13.01 0.77 0.02 50.46 63.49 Other Areas disturbed -developed 10.82 2.03 0.01 14.34 25.17 open water 0.12 0.00 0.00 2.70 2.82 Subtotal Other Areas 10.94 2.03 0.01 17.04 27.99 Total 397.70 2.90 7.94 869.26 1,274.90 Total 400.60 a Grading footprint consists of both on -site impacts (397.70 acres) and off -site impacts (2.90 acres) b Approved fuel modification requirements consist of Zone A (on individual building pads) and Zone B (irrigated slopes within 100 feet of structures) areas only. No Zone C (dry zone vegetation thinning) fuel modification is required. Coast live oak woodland is considered to be a special status vegetation type, but mitigation is described in a separate plan. R\Pm;e,«,aLC,3aLC000,o,\HMMP\Sp,,,,I St,t., V.g.t.t,.nWMMP_Spe .1 Stara Ve9-012521.d- 4 Special Status Vegetation Types Habitat Mitigation Plan Tesoro del Valle Residential Development Project, Phases 8 and C 1.4 DESCRIPTION OF SPECIAL STATUS VEGETATION TYPES The vegetation types to be impacted by the project that have been determined to have "special status" include various sage scrub communities (e.g., sage scrub, sage scrub —annual grassland, and chamise chaparral —sage scrub), holly -leaf cherry woodland, mixed chaparral —alluvial scrub/annual grassland, and southern riparian scrub. Please note that coast live oak woodland is also considered to be a special status vegetation type. However, mitigation related to oak impacts is detailed in a separate coast live oak woodland mitigation plan. Special status vegetation types that are the subject of this mitigation program are described below. 1.4.1 Sage Scrub Communities As indicated above, the sage scrub communities are those that are dominated scrub species such as California sagebrush (Artemisia californica), black sage (Salvia mellifera), California buckwheat (Eriogonum fasciculatum), deerweed (Acmispon glaber), and purple sage (Salvia leucophylla). In addition to sage scrub, additional special status vegetation types in this category include chamise chaparral —sage scrub and sage scrub —annual grassland. Chamise- chaparral — sage scrub contains chamise (Adenostoma fasciculatum) as a co -dominant species with other shrubs listed above, while sage scrub —annual grassland essentially is degraded sage scrub habitat with a significant vegetative component of non-native herbaceous species such as slender wild oats (Avena barbata), foxtail chess (Bromus madritensis ssp. rubens), tocalote (Centaurea melitensis), and short -pod mustard (Hirschfeldia incana). 1.4.2 Holly -Leaf Cherry Woodland Holly -leaf cherry woodland is defined by the dominance of holly -leaf cherry (Prunus ilicifolia). Other species that are common on the project site to this vegetation type include fragrant sumac (Rhus aromatica), blue elderberry (Sambucus nigra ssp. caerulea), and sacapellote (Acourtia microcepha/a). 1.4.3 Mixed Chaparral —Alluvial Scrub —Annual Grassland This vegetation type is located in a flat canyon bottom with alluvial soils in the eastern portion of the project site. Species that are associated with chaparral vegetation are common throughout this area including holly -leaf redberry (Rhamnus ilicifolia), thick -leaf yerba santa (Eriodictyon crassifolium), chamise, fragrant sumac, and California buckwheat. Scalebroom (Lepidospartum squamatum), a dominant component of alluvial scrub, is also found in patches toward the upstream portion of this area. Non-native annual grasses such as slender wild oats and ripgut brome (Bromus diandrus) are prevalent throughout. 1.4.4 Southern Riparian Scrub Southern riparian scrub is dominated by several species of willow, including black willow (Salix gooddingii) and arroyo willow (Salix lasio/epis), along with mule fat (Baccharis salicifolia) and tamarisk (Tamarix ramosissima). This vegetation type occurs in various debris/detention basins in the southeastern portion of the development footprint. The quality of this habitat has been observed to vary greatly in response to annual precipitation; recent drought years resulted in a significant deterioration to the quality of this habitat as many of the willow saplings have become significantly desiccated. RIP.j..tsaLC,3aLC000,o,\HMMP\Sp.c,.I Sl.tus V.g.t. .fl MMP_Spe .1 stags Ve9-012521.d— 5 Special Status Vegetation Types Habitat Mitigation Plan Tesoro del Valle Residential Development Project, Phases 8 and C 2.0 MITIGATION SUMMARY Impacts to special status vegetation types were considered significant under the California Environmental Quality Act through the preparation of the project's FSEIR. Implementation of MM Bio-1, which requires preparation of this Habitat Mitigation Plan, is designed to mitigate the loss of these special status vegetation types. This section summarizes the required mitigation specified in MM Bio-1 and the parties responsible for implementing the mitigation activities. 2.1 MITIGATION REQUIREMENTS Impacts to special status vegetation types that will result from removal via grading or as a result of modifying vegetation communities to comply with fuel modification requirements require mitigation. Mitigation ratios are dependent on the type of impact (grading or fuel modification). The removal of vegetation through grading will be offset at a 2:1 ratio for all special status vegetation types: sage scrub, chamise chaparral —sage scrub, sage scrub —annual grassland, holly -leaf cherry woodland, mixed chaparral —alluvial scrub —annual grassland, and southern riparian scrub. Fuel modification requirements consist of a Zone A area on the developed housing pads and a Zone B area that consists of an irrigated landscape area to reduce the potential spread of fire. The total fuel modification area of these two zones is 100 feet from the nearest structure. Most of these fuel modification zones will occur within the grading footprint of the development area; Zone B fuel modification that occurs outside of the project's grading footprint is treated as a separate impact in Table 2 (Zone A fuel modification occurs entirely within the grading footprint). Zone B fuel modification will require the removal of several species that are characteristic of sage scrub communities (e.g., California sagebrush, California buckwheat, and black sage) and planting of other species that respond positively to the increased irrigation. While Zone B will still be composed of native plant species, the above -described changes will result in a conversion of vegetation types. These changes will be mitigated at a 1.5:1 ratio (i.e., one acre of Zone B vegetation conversion would require 1.5 acres of mitigation credit). Since the submittal of previous versions of this mitigation plan, as described in Section 1.0, Fuel Modification (FFFM) No. 202000371 (related to Fuel Modification Plan No. 8486) was approved on October 8, 2020 by the Los Angeles County Fire Department. FFFM No. 202000371 removes Zone C (dry zone) fuel modification requirements that would have resulted in a reduction of vegetation coverage. Sage scrub vegetation is a special status vegetation type, while chamise chaparral -sage scrub and sage scrub -annual grassland contain sage scrub as a component. Therefore, sage scrub mitigation credit is utilized herein at a greater ratio than the other vegetation types. For example, one acre of sage scrub mitigation credit provides the same benefit as two acres of chamise chaparral -sage scrub mitigation. As summarized in Table 2, construction of the proposed project requires the following mitigation for special status vegetation types: • 555.34 acres of sage scrub communities (sage scrub, sage scrub -annual grassland, chamise chaparral -sage scrub); • 0.44 acre of holly -leaf cherry woodland; • 7.44 acres of mixed chaparral —alluvial scrub —annual grassland; and • 2.86 acres of southern riparian scrub RIP.j..tsaLC,3aLC000,o,\HMMP\Sp.c,.I Sl.t.s V.g.t.tb fl MMP_Spe .1 stars Ve9-012521.d— 6 Special Status Vegetation Types Habitat Mitigation Plan Tesoro del Valle Residential Development Project, Phases 8 and C TABLE 2 SUMMARY OF VEGETATION IMPACTS AND REQUIRED MITIGATION Vegetation Type/Other Area Impact Type Impact Quantity (acres) Mitigation Ratio Mitigation Requirement (acres) Special Status Vegetation Types sage scrub Grading 75.81 2:1 151.62 chamise chaparral —sage scrub 175.09 2:1 350.18 sage scrub —annual grassland 21.81 2:1 43.62 sage scrub Fuel Modification (Zone B) 1.21 1.5:1 1.82 chamise chaparral —sage scrub 3.00 1.5:1 4.50 sage scrub —annual grassland 2.40 1.5:1 3.60 Sage Scrub Mitigation Subtotal 279.32 555.34 holly -leaf cherry woodland Grading 0.22 2:1 0.44 Holly -leaf Cherry Woodland Mitigation Subtotal 0.22 0.44 mixed chaparral —alluvial scrub —annual grassland Grading 3.72 2:1 7.44 Mixed Chaparral —Alluvial Scrub —Annual Grassland Subtotal 3.72 7.44 southern riparian scrub Grading 1.43 2:1 2.86 Southern Riparian Scrub Subtotal i 1 1.43 2.86 2.2 RESPONSIBLE PARTIES The Project Applicant and Project Biologist responsible for preparing this HMMP, and key individuals responsible for its approval are listed below in Table 3. Specific responsibilities and qualifications of each responsible party are described below. RIP.j..tsaLC,3aLC000,o,\HMMP\Sp.c,.I Sl.t.s V.g.t.t,.nWMMP_Spe .1 stars Ve9-012521.d— 7 Special Status Vegetation Types Habitat Mitigation Plan Tesoro del Valle Residential Development Project, Phases B and C TABLE 3 RESPONSIBLE PARTIES Responsible Parties Task/Role Entity/Company Contact Address Phone Number 100 Bayview Circle, Project Applicant BLC Tesoro LLC Michael Schlesinger Suite 240 (949) 945-2290 Newport Beach, CA 92660 225 South Lake Avenue, Project Biologist Psomas David Hughes Suite 1000 (626) 351-2000 Pasadena, CA 91107 23920 Valencia Boulevard City of Santa Clarita Janine Prado Suite 300 (661) 255-4978 Santa Clarita, CA 91355 Long -Term Tataviam Land 1019 Second Street Management Entities Conservancy Nicole Johnson Suite 1 (818) 837-0794 (LTMEs) San Fernando, CA 91340 Tesoro del Valle 25115 West Avenue Stanford Master Homeowners Shauna Gatlin Valencia, CA 91354 (661) 294-5270 Association Mountains Recreation 5810 Ramirez Canyon Road Easement Holder and Conservation Paul Edelman Malibu, CA 90265 (310) 589-3230 Authority CEQA mitigation Los Angeles County 320 West Temple Street compliance Department of Joe Decruyenaere 1 3th Floor (213) 974-6461 Regional Planning Los Angeles, CA 90012 TBD: To be determined 2.2.1 Project Applicant The Project Applicant is responsible for executing an agreement with a reputable land management agency for the permanent preservation of all mitigation areas described herein and for providing an endowment or other financial assurance mechanism to ensure that sufficient funds are available for the ongoing management of the mitigation areas. 2.2.2 Project Biologist The Project Applicant will retain a Project Biologist experienced in assessing native vegetation types to document the type and quality of the various vegetation types on the project site. The mapping of the vegetation types provides the basis for determining the project impacts and habitat preservation described herein. The Project Biologist is also responsible for preparing the HMMP to adequately compensate for project development. 2.2.3 Long -Term Management Entities Mitigation sites described herein will be transferred to three separate Long -Term Management Entities (LTMEs). The majority will be transferred to the City of Santa Clarita, while three separate areas that are generally surrounded by developed areas will be transferred to the Tesoro del Valle Master Homeowners Association (HOA). The Phase C Conservation Area will be transferred to the Tataviam Land Conservancy (TLC). The terms of the transfer of these areas to the LTMEs are described in separate Open Space Management and Maintenance Agreements (OSMMAs). It is the responsibility of the LTMEs to manage the mitigation sites to ensure that their habitat qualities are maintained in perpetuity. An endowment or other financial assurance will be provided RIPm;e.«,aLC,3aLC000,o,\HMMP\Sp.c,.I Sl.t.s V.g.t.bnWMMP_Spe .1 stars Ve9-012521.d— 8 Special Status Vegetation Types Habitat Mitigation Plan Tesoro del Valle Residential Development Project, Phases 8 and C by the Project Applicant to the LTMEs to ensure sufficient funds are available for the successful management of the mitigation areas. The LTMEs are subject to approval by the LACDRP. 2.2.4 Easement Holder The area in the northeast corner of the property in San Francisquito Canyon is referred to as the Phase C Conservation Area. Preservation of natural habitat in this area is described in the California Department of Fish and Wildlife (CDFW) Streambed Alteration Agreement No. 1600- 2020-0101-R5 as mitigation for impacts to jurisdictional streambeds. Asa result, a Conservation Easement (CE), based on the CDFW-approved CE template, shall be recorded to ensure the permanent preservation of the area. The CE must be recorded in favor of a CDFW-approved conservation agency. For the Phase C Conservation Area, the Easement Holder will be the Mountains Recreation and Conservation Authority (MRCA). The Easement Holder has the responsibility to ensure that the mitigation property is retained forever in its natural condition and to prevent any use of the area that will interfere with its conservation values. 2.2.5 CEQA Mitigation Compliance The LACDRP is responsible for reviewing this HMMP to confirm that the mitigation activities described herein adequately compensate for impacts to special status vegetation types. The LACDRP will also review the qualifications of all Long -Term Management Entities that are identified to receive the mitigation areas and the CE and OSMMAs that ensure their permanent preservation. The County of Los Angeles will have regulatory authority over the Tesoro del Valle project area, including the open space areas described herein, until the project area has been annexed to the City of Santa Clarita (expected November 2021). The County of Los Angeles will be a third -party beneficiary of the OSMMAs until the project area is annexed to the City of Santa Clarita, at which point the County's third -party beneficiary status will end, including the enforcement duties of open space management requirements of the OSMMAs. RIP.j..tsaLC,3aLC000,o,\HMMP\Sp.c,.I Sl.t.s V.g.t.tb fl MMP_Spe .1 stars Ve9-012521.d— 9 Special Status Vegetation Types Habitat Mitigation Plan Tesoro del Valle Residential Development Project, Phases 8 and C 3.0 MITIGATION STRATEGY To compensate for project impacts to the special status vegetation types described in Section 2.1, the Project Applicant will ensure the preservation of other open space areas on the project site. Preservation of special status vegetation types will occur in three separate portions of the project site: 1. The majority of the habitat preservation areas are located in open space areas to the west, north, and east of the development area. These areas will be transferred to the City of Santa Clarita. 2. Areas that are internal to the project development area and are generally surrounded by development. Three discrete areas will be transferred to the HOA: (1) the area that is between the Phase A and Phase B development areas; (2) an island of undisturbed habitat in the middle of the Phase B development footprint; and (3) an area that is located south of Casa Luna Place and west of Tesoro del Valle Drive. 3. The Phase C Conservation Area is in the northeast corner of the property in San Francisquito Canyon. Ownership of this area will be transferred to the TLC and the MRCA will hold a CE over the area to comply with requirements of the CDFW Streambed Alteration Agreement. Property transfer will occur following recordation of the CE. Table 4 provides a summary of required mitigation and the associated preservation to demonstrate that all mitigation requirements are satisfied. 3.1 HABITAT PRESERVATION Preservation areas that are within the property boundary but are outside the project's development footprint (i.e., the grading footprint and fuel modification areas) will be conveyed to the Long -Term Management Entities (Exhibit 4). Preservation of each vegetation type will be credited as 1:1 mitigation (i.e., one acre of preserved vegetation will provide one acre of mitigation). Mitigation credit to be provided via habitat preservation is summarized below. 3.1.1 Sage Scrub Communities Areas throughout the northern and western portions of the Tesoro del Valle property outside the development footprint contain a mixture of sage scrub communities, including sage scrub (196.65 acres), chamise chaparral —sage scrub (186.48 acres), and sage scrub —annual grassland (132.83 acres). Preservation of these areas will provide 496.77 acres of mitigation credit as summarized in Table 4. 3.1.2 Holly -Leaf Cherry Woodland Wayside Canyon, located in the southwestern corner of the property, contains a total of 7.97 acres of holly -leaf cherry woodland. Preservation of this area will greatly exceed the mitigation requirement for this vegetation type of 0.44 acre. 3.1.3 Mixed Chaparral —Alluvial Scrub —Annual Grassland Project development will impact the uppermost portion of the canyon that contains this vegetation type. Preserving the remaining 7.67 acres that will remained undisturbed will exceed the mitigation requirement of 7.44 acres. RIP.j..tsaLC,3aLC000,o,\HMMP\Sp.c,.I Sl.tus V.g.t.tb fl MMP_Spe .1 stags Ve9-012521.d— 10 Special Status Vegetation Types Habitat Mitigation Plan O Project Boundary O Holly -leaf Cherry Woodland (7.97 acres, provitling 0.44 acre of mitigation credit) - Grading Limits O Annual Grassland Mitigation Areas O Alluvial Scrub ® City of Santa Clarita Habitat Preservation Area ECoast Live Oak WoOct and Tesoro del Valle HOA Habitat Preservation Area O Coast Live Oak Woodland/Elderberry Scrub Phase C Conservation Area ® Coast Live Oa k/H OIly-leaf Cherry Woo tllantl Vegetation Types and Oth er Areas . Elderberry Scrub t © Mi.ed Chaparral/Alluvial Scrub/Annual Grassland (7.67 acres, providing 7.44 acre of mitigation cretlit). Fremont Cottonwood Woodland . Chemise Chaparral O Southern Riparian Scrub (3.20 acres, providing 2.86 acres of mitigation credit) Chemise Chaparral/Annual Grassland O Disturbed/Developed OChemise Chaparral/Sage Scrub (186.48 acres of mitigation credit) . Open Water OSage Scrub (196.65 acres of mitigation credit) O Ornamental OSage Scrub/Annual Grassland (132.83 acres of mitigation credit) 'W3. . 1 � fifi .M r �s ;i 5 x Aeral Source: LAR-I AC 2014 abitat Preservation Areas Exhibit 4 ibAtat Mitigation Plan, Special Status Vegetation Types, Tesoro del Valle, Phases B and C Project Ll� E 1, 350 675 0 1,50 s Feet (Rai:07-0z0 RMa)R:w,oja,t+aucaeuc000ioi\caph,cswMMP� ga sa,e\a,Hab,tat P'--t—.par Tesoro del Valle Residential Development Project, Phases 8 and C 3.1.4 Southern Riparian Scrub The northeastern corner of the Tesoro del Valle property contains a portion of San Francisquito Creek that has 3.20 acres of southern riparian scrub vegetation. This area contains a mixture of black willow, arroyo willow, and mule fat that is consistent with the vegetative composition of what occurs in the development footprint. Preserving this area will exceed the mitigation requirement of 2.86 acres. RIP.j..tsaLC,3aLC000,o,\HMMP\Sp.c,.ISI.tus V.g.t.bnWMMP_Sp—.1 stags Ve9-012521.d— 11 Special Status Vegetation Types Habitat Mitigation Plan Tesoro del Valle Residential Development Project, Phases 8 and C TABLE 4 SUMMARY OF HABITAT PRESERVATION Vegetation Type Required Mitigation (acres)a Mitigation Strategy Mitigation Provided (acres) Mitigation Surplus (positive) or Deficit (negative) (acres) Relative Habitat Value Adjusted Mitigation Surplus (acres) Sage Scrub Mitigation sage scrub 153.44 Preservation 196.65 43.21 2x 86.42 chamise chaparral -sage scrub 354.68 Preservation 186.48 -168.20 1x -168.20 sage scrub -annual grassland 47.22 Preservation 132.83 85.61 1x 85.61 Subtotal 555.34 515.96 -39.38 3.83 Holly -Leaf Cherry Woodland Mitigation holly -leaf cherry woodland 0.44 Preservation 7.97 7.53 1x 7.53 Subtotal 0.44 7.97 7.53 7.53 Mixed Chaparral -Alluvial Scrub -Annual Grassland Mitigation mixed chaparral -alluvial scrub -annual grassland 7.44 Preservation 7.67 0.23 1x 0.23 Subtotal 7.44 7.67 0.23 0.23 Southern Riparian Scrub Mitigation southern riparian scrub 2.86 Preservation 3.20 0.34 1x 0.34 Subtotal 2.86 3.20 0.34 0.34 a Mitigation requirements are calculated in Table 2 and consist of mitigation to offset project grading and fuel modification impacts. b Sage scrub habitat is deemed to have twice the habitat value for mitigation credit (relative to chamise chaparral -sage scrub and sage scrub -annual grassland) and the surplus in sage scrub mitigation offsets the deficit for the chamise chaparral -sage scrub vegetation type R\Pgfa is Lc\3BLc000101wMMP\Spa .1st.t,sVapt.to MMP_Spa dStet,sVag0,2521 dcx 12 Special Status Vegetation Types Habitat Mitigation Plan Tesoro del Valle Residential Development Project, Phases 8 and C 4.0 ONGOING SITE PRESERVATION AND MANAGEMENT As a part of the mitigation program, long-term management of the mitigation sites will be transferred to the LTMEs. This section describes the ownership and long-term management of the mitigation sites. 4.1 MITIGATION SITE OWNERSHIP The mitigation sites will be transferred in fee to the City of Santa Clarita, the TLC and the HOA under the terms of the OSMMAs. The LACDRP will be named as an enforcing party in the OSMMAs, until the open space areas are annexed by the City of Santa Clarita. Three areas will be transferred in fee to the HOA: (1) the mitigation site that is between the Phase A and Phase B development areas; (2) an island of undisturbed habitat in the middle of the Phase B development footprint; and (3) an area that is located south of Casa Luna Place and west of Tesoro del Valle Drive. The mitigation site to the west, north, and east of the development area will be transferred in fee to the City of Santa Clarita. These areas contain the majority of habitat to be preserved for mitigation credit. The Phase C Conservation Area will be transferred in fee to the TLC subject to a CE in favor of the MRCA. The CE will be based on the approved CDFW template and the terms of the CE will be enforceable by CDFW and LACDRP. As required by current CDFW policy, the TLC is required to apply for approval as a CDFW land manager in order to accept mitigation lands. Should the TLC not be approved by the CDFW and an alternative LTME becomes necessary, BLC Tesoro will enter into an agreement with a land manager that is already approved by CDFW. Property transfer will occur following recordation of the CE and CDFW approval of the TLC to serve as the owner and LTME of the Phase C Conservation Area. The terms of each OSMMA and CE will allow right -of -entry to the Project Applicant to perform mitigation activities pursuant to other HMMPs associated with the Project. 4.2 LONG-TERM SITE MANAGEMENT The City of Santa Clarita will serve as the LTME for most of the open space areas utilized for mitigation purposes. The HOA will serve as the LTME for the open space area transferred to it as described above. The TLC will serve as the LTME for the Phase C Conservation Area, though the MRCA will be the easement holder for this area. As discussed above, the TLC is required to apply for CDFW approval to act as the LTME for the Phase C Conservation Area. Should the TLC not be approved by the CDFW and an alternative LTME becomes necessary, BLC Tesoro will enter into an agreement with a land manager that is already approved by CDFW. As the LTMEs, the City of Santa Clarita, the TLC and the HOA will be responsible for preparing Long -Term Management Plans (LTMPs) for all areas to be preserved. A separate LTMP will be prepared by each LTME. The LTMPs will describe activities such as non-native plant control, supplemental native seed mix application, trash removal, repair and maintenance of any protective fencing or signage that is erected, and public outreach to ensure compliance with the rules of the open space areas. Land management activities will be performed on a permanent basis. The LTMPs must be approved by the LACDRP Biologist and the CDFW (Phase C Conservation Area only). RIP.j..tsaLC,3aLC000,o,\HMMP\Sp.c,.I Sl.t.s V.g.t.tb fl MMP_Spe .1 stars Ve9-012521.d— 13 Special Status Vegetation Types Habitat Mitigation Plan Tesoro del Valle Residential Development Project, Phases 8 and C 4.3 FUNDING MECHANISM A funding mechanism is required to ensure that sufficient funds are available to the LTMEs for the ongoing management and protection of the mitigation site. Funding for the HOA-owned mitigation sites will be provided by monthly dues paid by the members of the HOA. Funding for the City Open Space Areas will be provided by one or more of the following sources, which may include: (1) parcel taxes paid to the City of Santa Clarita's Open Space Preservation District (after the project area is annexed to the City); (2) a new Community Facilities District for maintenance purposes to be formed in the project area; or (3) establishment of a Lighting and Landscape Maintenance District (after the project area is annexed to the City of Santa Clarita). Funding for the Phase C Conservation Area will be provided by one or more of the following sources: (1) State and federal grants secured by the TLC; (2) a new Community Facilities District for maintenance purposes to be formed in the project area; or (3) establishment of a Lighting and Landscape Maintenance District (after the project area is annexed to the City). 4.4 COORDINATION WITH CDFW AND OTHER PERMITTING AGENCIES All proposed conservation easements and LTMPs, together with a description of proposed endowment and other funding arrangements, shall be submitted to the LACDRP for review and comment prior to the recording of the first final map. The LACDRP acknowledges that the final form of these documents is subject to the review and approval of the CDFW and other permitting agencies, and that the documents and proposed funding arrangements are therefore subject to change. The Project Applicant shall keep the LACDRP informed of any modifications requested by the permitting agencies. RIP.j..tsaLC,3aLC000,o,\HMMP\Sp.c,.ISl.t.sV.g.t.t—flMMP_Sp—.1 stars Ve9-012521.d— 14 Special Status Vegetation Types Habitat Mitigation Plan Tesoro del Valle Residential Development Project, Phases 8 and C 5.0 REFERENCES Psomas. 2018. Final Supplemental Environmental Impact Report, Tesoro del Valle (Phases A, B, C) Project. State Clearinghouse No. 2016101032. CEQA report provided to the County of Los Angeles Department of Regional Planning. RIP.j..tsaLC,3aLC000,o,\HMMP\Sp.c,.I Sl.t.s V.g.t. .fl MMP_Sp—.1 stars Ve9-012521. d— 15 Special Status Vegetation Types Habitat Mitigation Plan Oak Tree Habitat Mitigation and Monitoring Program Tesoro del Valle Phases B and C Revised VTTM 51644-1 Los Angeles County, California Streambed Alteration Agreement 1600-1999-0126-R5 Condition 10 EIR Mitigation Measure 1310-2 Los Angeles County Oak Tree Permit No. 2010-00029 Prepared for BLC TESORO LLC 100 Bayview Circle, Suite 240 Newport Beach, California 92660 Contact: Michael Schlesinger T: (949) 945-2290 Prepared by Psomas 225 South Lake Avenue, Suite 1000 Pasadena, California 91101 Contact: David Hughes Certified Ecological Restoration Practitioner #243 T: (626) 351-2000 November 9, 2020 Tesoro del Valle Residential Development Project, Phases 8 and C TABLE OF CONTENTS Section Page ExecutiveSummary .............................................................................................................. ES-1 1.0 Introduction.....................................................................................................................1 1.1 Project Location.....................................................................................................3 1.2 Project Description................................................................................................3 1.3 Responsible Parties..............................................................................................4 1.4 Existing Conditions................................................................................................4 1.5 Project Impacts and Required Mitigation...............................................................5 2.0 Mitigation Program Summary ........................................................................................7 2.1 Mitigation Site Locations.......................................................................................7 2.2 Reference Site Locations......................................................................................7 2.3 Existing Conditions................................................................................................7 2.4 Schedule...............................................................................................................8 2.5 Responsible Parties..............................................................................................8 2.5.1 Project Applicant ........................................................................................ 8 2.5.2 Biological Monitor...................................................................................... 8 2.5.3 Landscape Contractor...............................................................................8 2.5.4 Long -Term Management Entities.............................................................. 9 2.5.5 Easement Holder....................................................................................... 9 2.5.6 LACDRP and CDFW................................................................................. 9 3.0 Oak Tree Protection During Construction..................................................................10 3.1 Protected Zone....................................................................................................10 3.2 Equipment and Storage Access..........................................................................10 3.3 Erosion Control....................................................................................................10 3.4 Replacement.......................................................................................................10 3.5 Grading Plans......................................................................................................11 3.6 Vegetation Clearing.............................................................................................11 3.7 Dust Control........................................................................................................11 4.0 Mitigation Site Installation............................................................................................12 4.1 Rationale for Expecting Implementation Success...............................................12 4.2 Financial Assurance............................................................................................12 4.3 Site Preparation...................................................................................................12 4.3.1 Protection of Existing Resources............................................................. 12 4.3.2 Exotic Species Removal.......................................................................... 12 4.4 Planting Plan.......................................................................................................13 R:\Projects\BLC\3BLC000101\HMMP\Oak Tree\Oak Tree Mit Plan- 110920.docx i Table of Contents Tesoro del Valle Residential Development Project, Phases 8 and C 4.4.1 Container Planting................................................................................... 14 4.5 Irrigation Plan......................................................................................................14 4.6 Fencing................................................................................................................15 4.7 As -Built Conditions..............................................................................................15 4.8 Seed Application.................................................................................................15 5.0 Long-term Maintenance and Management.................................................................17 5.1 Adaptive Management........................................................................................17 5.2 Maintenance Schedule........................................................................................17 5.3 Ongoing Exotic and Weed Species Control........................................................18 5.4 Irrigation..............................................................................................................18 5.5 Erosion and Sedimentation Control.....................................................................18 5.6 Pest Control.........................................................................................................18 5.7 Plant Replacement..............................................................................................19 5.8 Trash Removal....................................................................................................19 5.9 Vegetation Management.....................................................................................19 5.9.1 Dead Wood/Leaf Litter Removal.............................................................. 19 5.9.2 Pruning.................................................................................................... 19 6.0 Biological Monitoring Guidelines................................................................................20 6.1 Performance Standards and Success Criteria....................................................20 6.2 Monitoring Methods.............................................................................................21 6.3 Monitoring Schedule............................................................................................22 6.4 Site Status Documentation..................................................................................23 6.4.1 Initial Implementation Summary.............................................................. 23 6.4.2 Progress Reports..................................................................................... 23 6.4.3 Annual Status Reports.............................................................................23 7.0 Final Program Approval...............................................................................................25 7.1 Final Agency Approval........................................................................................25 8.0 Long -Term Site Management.......................................................................................26 8.1 Mitigation Site Ownership....................................................................................26 8.2 Long -Term Site Management..............................................................................26 8.3 Funding Mechanism............................................................................................26 8.4 Coordination with CDFW and Other Permitting Agencies...................................27 9.0 References.....................................................................................................................28 R:\Projects\BLC\3BLC000101\HMMP\Oak Tree\Oak Tree Mit Plan- 110920.docx II Table of Contents Tesoro del Valle Residential Development Project, Phases 8 and C TABLES Table Page 1 Responsible Parties..........................................................................................................4 2 CDFW Tree Mitigation Summary......................................................................................5 3 Tree Mitigation Summary..................................................................................................6 4 Oak Container Plant Palette............................................................................................14 5 Seed Mix Species and Quantities...................................................................................15 6 Habitat Mitigation Sites Maintenance Program Schedule...............................................17 7 Performance Standards..................................................................................................20 8 Tree Health Rating Criteria.............................................................................................21 9 Long -Term Site Monitoring Schedule Years One and Two.............................................22 10 Long -Term Site Monitoring Schedule Years Three through Ten....................................22 11 Site Remedial Procedures..............................................................................................24 EXHIBITS Exhibit Follows Paae 1 Local Vicinity.....................................................................................................................3 2 Project Location................................................................................................................3 3 Oak Tree Planting Locations.............................................................................................7 4 Oak Tree Planting Locations.............................................................................................7 5 Mitigation Site Photos.......................................................................................................7 6 Reference Site Photos......................................................................................................7 R:\Projects\BLC\3BLC000101\HMMP\Oak Tree\Oak Tree Mit Plan- 110920.docx III Table of Contents Tesoro del Valle Residential Development Project, Phases 8 and C EXECUTIVE SUMMARY The Oak Tree Habitat Mitigation and Monitoring Program (HMMP) described herein provides guidelines for the establishment of oak trees and oak woodland habitat as compensation for oak tree impacts associated with development of the Tesoro del Valle Phases B and C Residential Project by BLC Tesoro, LLC (project). This project consists of the development of 820 homes on the approximate 397-acre project site in northern Los Angeles County, immediately north of the City of Santa Clarita, California. Mitigation requirements for impacts to oak trees and oak woodland associated with this project are found in the following documents: California Department of Fish and Wildlife (CDFW) Streambed Alteration Agreement (SAA) (No. 5-126-99; amended December 2019) • The Mitigation Monitoring and Reporting Plan for the Tesoro del Valle (Phases A, B, C) Project Final Supplemental Environmental Impact Report (State Clearinghouse No. 2016101032) • County of Los Angeles Oak Tree Permit No. 2010-00029 Impacts to oak trees and oak woodland habitat were considered to be significant under the California Environmental Quality Act (CEQA). The project will remove 11 oak trees that are protected by the County of Los Angeles Oak Tree Ordinance (CLAOTO). These oak trees occur within 0.31 acre of oak woodlands as defined by the Los Angeles County Oak Woodlands Management Plan. Oak tree replacement for trees protected by the CLAOTO is provided at a 2:1 ratio, so that 22 replacement trees are needed to satisfy this requirement. Trees protected by the CDFW are determined differently than the CLAOTO. The project will impact 12 oak trees that are subject to CDFW protection (most of which are the same trees covered by the CLAOTO). The resulting mitigation requirement for these impacts is based on the size of the trees to be removed so that the amended SAA requires the establishment of 127 oak trees. Mitigation will be performed within two separate on -site open space areas: oak trees to satisfy the County of Los Angeles requirements will be installed in an open space area to the north of the project development area, while oak trees pursuant to CDFW requirements will be installed in an open space along the eastern portion of San Francisquito Canyon, located southeast of the project development area. This document describes (1) the quantity of oak tree resources to be impacted; (2) existing conditions in the oak woodland areas to be impacted; (3) the sites where mitigation is to be performed; and (4) site preparation activities, long-term monitoring, and ongoing maintenance that are expected to facilitate the successful establishment of oak trees and oak woodland habitat. R:\Projects\BLC\3BLC000101\HMMP\Oak Tree\Oak Tree Mit Plan- 110920.docx ES-1 Executive Summary Tesoro del Valle Residential Development Project, Phases 8 and C 1.0 INTRODUCTION This Oak Tree Habitat Mitigation and Monitoring Program (HMMP) described herein provides requirements and guidelines for the establishment and monitoring of coast live oak (Quercus agrifolia) and scrub oak (Quercus berberidifolia) trees and oak woodland habitat on the Tesoro del Valle property in northern Los Angeles County, California. The proposed mitigation activities are intended to compensate for impacts to coast live oak and scrub oak trees as discussed in Mitigation Measure (MM) Bio-2 in the Final Supplemental Environmental Impact Report ("FSEIR", Psomas 2018) for the Tesoro del Valle Phase B and C Residential Development Project. The HMMP is provided for review by the Los Angeles County Department of Regional Planning (LACDRP). Please note that if any discrepancies occur between the requirements of MM Bio-2 and this HMMP regarding impact and mitigation quantities then what is described in the HMMP will supersede the MM upon approval of this document. Specifically, MM Bio-2 requires the following items to be addressed in the HMMP: Prior to ground disturbance, orange snow fencing shall be installed around trees (five feet outside the drip line) that are in the vicinity of proposed grading limits but would not be impacted by construction. Fencing shall be in place and inspected by the Project Biologist prior to commencement of ground disturbance. This fencing shall remain in place throughout construction in the vicinity of the fenced trees until the LACDRP determines that the fences can be removed without placing the trees in jeopardy of damage from construction activities (See Section 3.0). Individual oak tree replacement as described above shall be performed in order to offset the loss of 0.31 acre of coast live oak woodland (as defined by the Los Angeles County Oak Woodlands Management Plan). This shall be accomplished by establishing trees in on -site open space areas in the vicinity of existing oak trees. Trees shall be spaced at a distance of 30 and 60 feet to provide at least 0.62 acre of oak woodland (to provide a minimum 2:1 replacement ratio). The restoration program shall be described in a HMMP in accordance with a LACDRP-approved landscape palette. The HMMP shall be developed by a qualified Biologist and shall be submitted for review and approval to the LACDRP prior to initiating project activities that would impact oak trees and/or oak woodland resources. The Project Applicant shall be responsible for plan implementation. Restoration shall consist of seeding and planting containers of appropriate native species. The HMMP will include the following items: Responsibilities and Qualifications of the Personnel to Implement and Supervise the Plan. The responsibilities of the Landowner, Specialists, and Maintenance Personnel that would supervise and implement the Plan shall be specified (See Section 2.4). • Site Selection. The mitigation site(s) shall be determined in coordination with the Project Applicant and resource agencies. The site will be located in a dedicated open space area and will be contiguous with other natural open space (See Section 2.1). Site Preparation and Planting Implementation. Site preparation shall include (1) protection of existing native species, (2) trash and weed removal, (3) native species' salvage and reuse (i.e., duff), (4) soil treatments, (5) temporary irrigation installation, (6) erosion -control measures (i.e., rice or willow wattles), (7) seed mix application to create a native understory that is comparable to the impacted oak woodland areas, and (8) planting of container plants. The mitigation plan shall include a discussion of whether active restoration or enhancement is required to create an appropriate native understory or if passive restoration may be expected to allow R:\Projects\BLC\3BLC000101\HMMP\Oak Tree\Oak Tree Mit Plan- 110920.docx 1 Oak Tree Habitat Mitigation and Monitoring Program Tesoro del Valle Residential Development Project, Phases 8 and C natural establishment of a native understory within a reasonable time frame (See Section 4.3). Plant Material. All plant material used for habitat restoration purposes shall consist of native species that are local to the immediate area of the mitigation site. The source of plant material used for habitat restoration shall come from areas within 10 miles of the mitigation site and within 1,000 feet of elevation. All plant material proposed for use in a habitat restoration program shall be inspected by a qualified biological monitor to ensure that all container plants are in good health and do not contain pests or pathogens that may be harmful to existing native plants or wildlife species, including but not limited to Argentine ants, invasive shot hole borers, phytophthora, etc. Any seeds to be used for habitat restoration purposes shall be collected, cleaned, stored, and packaged by a qualified seed supplier. Native seed mixes shall be inspected by a biological monitor prior to their application to ensure that they contain the proper species and that seed packages are in good condition and do not contain any pests or pathogens. Diseased or infested plant, seed, or landscape materials shall be removed from the site and transported to an appropriate off -site green waste facility (See Section 4.4). • Schedule. A schedule shall be developed that includes planting in late fall and early winter, between October 15 and January 30 (See Sections 4.4 and 4.8). Maintenance Plan/Guidelines. The Maintenance Plan shall include (1) weed control, (2) herbivory control, (3) trash removal, (4) irrigation system maintenance, (5) maintenance training, and (6) replacement planting (See Section 5.0). Monitoring Plan. The Monitoring Plan shall include (1) qualitative monitoring (i.e., photographs and general observations), (2) quantitative monitoring (i.e., randomly placed transects), (3) monthly reports for the first year and reports every other month thereafter, and (4) annual reports that shall be submitted to the resource agencies for three to five years. The site shall be monitored and maintained for five years or until performance standards have been met to ensure successful establishment of oak woodland (See Section 6.0). Performance Standards. The HMMP shall include a discussion of appropriate performance standards to determine habitat restoration success. Performance standards would consist of 100 percent survival of replacement oak trees and minimum native species coverage for oak woodland understory stratum of approximately 90 percent relative to a nearby reference site at the end of the five-year monitoring period, though the final performance standards shall be determined based on specific site conditions. The restoration program shall be considered successful if the performance standards have been achieved at the end of the five-year monitoring period and once successful plant establishment has been documented (e.g., plant health is determined to be satisfactory by the biological monitor at least two years after supplemental watering has been discontinued). If performance standards have not been achieved at the conclusion of the five-year monitoring period, monitoring and maintenance activities shall be continued until performance standards have been met (See Section 6.1). • Signage and Fencing. If necessary, the HMMP shall include specifications on fencing to protect biological resources and restrict human access. Signage specifications shall also be developed to indicate the site is a preserve area and to either indicate that trespassing is not allowed or to instruct visitors to stay on trails if public access is allowed (See Sections 4.6 and 8.2). Long -Term Site Management. The HMMP shall identify an appropriate entity to manage any open space areas utilized for mitigation purposes. A Long -Term R:\Projects\BLC\3BLC000101\HMMP\Oak Tree\Oak Tree Mit Plan- 110920.docx 2 Oak Tree Habitat Mitigation and Monitoring Program Tesoro del Valle Residential Development Project, Phases 8 and C Management Plan shall also be developed which will be implemented by the Long - Term Management Entity. Potential land management entities include the Mountains Recreation and Conservation Authority, the Tesoro del Valle Homeowners Association, the Nature Conservancy, the City of Santa Clarita, or the County of Los Angeles. Any other management entities that may be identified would be subject to approval by the LACDRP. The County of Los Angeles shall be named as an enforcing party on any conservation easement or land dedication agreement to ensure compliance with any restrictions or required land management actions associated with the open space areas (See Section 8.0). • Proof of Funding for Site Management. The HMMP shall provide a funding mechanism to ensure that sufficient funds are available to the long-term management entity for the ongoing management and protection of the mitigation sites. Possible funding mechanisms may include an endowment, payments from the HOA, or establishing a special financing district (See Section 8.3). Additionally, the California Department of Fish and Wildlife (CDFW) requires mitigation to compensate for the loss of oak trees that are associated with jurisdictional waters. The requirements for this mitigation are described in Streambed Alteration Agreement (SAA) No. 5-126-99 (amended December 2019). Tree establishment procedures described herein are intended to satisfy tree mitigation requirements as described in the FSEIR and the SAA. The goals of this document are to: (1) describe the existing status of oak trees and oak woodlands within the project boundaries, (2) identify appropriate locations on the project site to establish replacement oak trees and understory habitat, (3) describe specifications for oak tree installation and seed mix application, and (4) document the success of oak woodland establishment through the implementation of a maintenance and monitoring program. 1.1 PROJECT LOCATION The proposed project is located in an unincorporated portion of Los Angeles County, just north of the City of Santa Clarita. The approximate 1,275-acre project site is located directly south of the Angeles National Forest's Saugus Ranger District, north of Copper Hill Drive, and west of San Francisquito Canyon Road (Exhibit 1). The northeastern corner of the project site covers a portion of San Francisquito Canyon, which has been designated as the Santa Clara River Significant Ecological Area by the County of Los Angeles. The project site is also located immediately north of the Phase A development portion of the Tesoro del Valle project (Exhibit 2). The Angeles National Forest lies north of the project site, and Castaic Lake is located approximately 2 miles to the northwest. The project site is located on the U.S. Geological Survey's (USGS') Newhall 7.5-minute quadrangle of the San Bernardino Meridian at Township 5 North, Range 16 West, Sections 21, 22, 27, 28, 29, 32, and 33. The topography on the project site consists of rugged hills and canyons with native vegetation types dominating the landscape. Elevations in the study area range from approximately 1,325 to 1,830 feet above mean sea level (msl). 1.2 PROJECT DESCRIPTION The proposed project involves the buildout of Phases B and C of the Tesoro del Valle project site. The project's grading footprint impacts approximately 397 acres on which 820 homes would be created, consisting of 455 single-family detached homes and 365 age -qualified senior homes. Additionally, the project consists of the development of private parks and recreation areas, public and private trails, public and private open space, public and private roadways, and utility infrastructure. R:\Projects\BLC\3BLC000101\HMMP\Oak Tree\Oak Tree Mit Plan- 110920.docx 3 Oak Tree Habitat Mitigation and Monitoring Program QProject Boundary Castaic Lake State Rec Area Castaic Lake Qa e5 �z Ia 1 Castaic Xa mid e Castaic Lake Project Lake Location Piru 14 © 12 Santa FLiver Cara Santa Clarita Simi Valley �' by � r L m fi Cr^ �L 7TT - �l L T James Foster t� j Bouquet �-` Elementary School Canyon Park;,.-_ f Pamplico Park 41 '`� /`' Santa Rosedale y ,p„ L Clarita .� Elementary Q CrY Park = �� v III School-� ( ,t -Santa Clarta tII Elem School �/ �� au 5(� Arroyo Seco Junior > —`)High Sch l U :High School NorthbIridge iyy';.. S Park -v Ca AsCharles Helmers 126 ��eo �Elem3cnool Six Flags Magic �q��t� �� E rem'' _ --- Mountain - Elem tary.Setiool Local Vicinity Oak Tree Mitigation Plan, Tesoro del Valle, Phases B and C Project N 1 0.5 0 1 s Miles Exhibit 1 (Rev: 12-04-2019 RMB) R:\Projects\BLC\3BLC000101\Graphics\HMMP\Oak_Tree\ex_LV.pdf r_ Phase A Boundary Phases B & C Boundaries 0 Phase D Conservation Area Los Angeles County Oak Tree Mitigation Site CDFW Oak Tree Mitigation Site Reference Sites Project Impact Boundary F7 Fuel Modification Limits • � - .. fin. %.r, 1 Phase A Project Location �r Aerial Source: LAR-IAC 2014 Exhibit 2 Oak Tree Mitigation Plan, Tesoro del Valle, Phases 8 and C Project N w V E 2,000 1,000 0 2,000 S Feet (Rev: 10-20-2020 MMD) R:\Projects\BLC\3BLC000101\Graphics\HMMP\Oak_Tree\ex_ProjectLocation.pdf Tesoro del Valle Residential Development Project, Phases B and C 1.3 RESPONSIBLE PARTIES The Project Applicant and Biological Monitor responsible for implementing the long-term maintenance and monitoring program are listed below in Table 1 along with key individuals responsible for its approval. TABLE 1 RESPONSIBLE PARTIES Responsible Parties Task/Role Entity/Company Contact Address Phone Number 100 Bayview Circle, Project Applicant BLC Tesoro LLC Michael Schlesinger Suite 240 (949) 945-2290 Newport Beach, CA 92660 225 South Lake Avenue, Biological Monitor Psomas David Hughes Suite 1000 (626) 351-2000 Pasadena, CA 91107 CEQA Mitigation County of Los Angeles 320 West Temple Street, Compliance Department of Joe Decruyenaere 13 Floor (213) 974-6461 Regional Planning Los Angeles, CA 90012 23920 Valencia Boulevard, City of Santa Clarita Janine Prado Suite 300 (661) 255-4978 Long -Term Santa Clarita, CA 91355 Management Entities Tata1019 am Land Second Street Conservancy Cons Nicole Johnson Suite 1 (818) 837-0794 San Fernando, CA 91340 Conservation Mountains Recreation 5810 Ramirez Canyon Road Easement Holder and Conservation Paul Edelman Malibu, CA 90265 (310) 589-3230 Authority Section 1600 California Department 4665 Lampson Avenue, Permitting of Fish and Wildlife Victoria Tang Suite C (562) 430-5082 Los Alamitos, CA 90720 Landscape TBD TBD TBD TBD Contractor TBD: To be determined 1.4 EXISTING CONDITIONS Oak trees generally occur in three locations on the project site: (1) the uppermost portion of Tapia Canyon in the west -central portion of the project site, (2) an unnamed canyon that abuts the eastern boundary of the grading boundary, and (3) an unnamed canyon that is in the eastern portion of the property. Several other solitary oak trees are located in various upland locations on the Tesoro del Valle property. The understory of oak woodland areas consists of native shrubs such as California sagebrush (Artemisia californica) and California buckwheat (Eriogonum fasciculatum) along with annual grasses such as wild oat grass (Avena spp.), ripgut brome (Bromus diandrus), and red brome (Bromus madritensis spp. rubens). The coverage of understory species varies depending on the tree canopy coverage (i.e., areas with a dense tree canopy have a sparsely vegetated understory, while woodlands consisting of more scattered trees are intermixed with more shrub species). R:\Projects\BLC\3BLC000101\HMMP\Oak Tree\Oak Tree Mit Plan- 110920.docx 4 Oak Tree Habitat Mitigation and Monitoring Program Tesoro del Valle Residential Development Project, Phases 8 and C 1.5 PROJECT IMPACTS AND REQUIRED MITIGATION Oak tree resources on the project site are subject to protection by both the CLAOTO and by the California Fish and Game Code. The CLAOTO protects all oak trees with a minimum trunk diameter at breast height (dbh) of 8 inches. Heritage oak trees, as defined by the CLAOTO, include trees that either measure 36 inches or more in trunk diameter or have a significant historical or cultural importance. The Fish and Game Code protects all native riparian trees with a minimum dbh of 2 inches. An inventory of oak trees was performed by Psomas in 2016 that documented 170 oak trees on the Tesoro del Valle property. Of these trees, 158 meet the requirements to be protected by the CLAOTO, while 159 are under the jurisdiction of the CDFW (most trees on the site are subject to both regulations). Oak woodlands, as defined by the County of Los Angeles Oak Woodlands Management Plan (Oak Woodlands Plan), were also identified and delineated as part of the oak tree inventory. Pursuant to the Oak Woodlands Plan, oak woodland areas are identified by measuring the canopy area for each oak tree and multiplying that area by 10 to determine each tree's "area of influence". Overlapping "areas of influence" constitute oak woodlands. By overlaying the project's grading limits onto the tree inventory map, it was determined that project development will impact a total of 11 coast live oaks that are protected by the CLAOTO, though none meet the definition of a heritage tree. The loss of these trees is to be offset by the installation of 22 replacement coast live oaks. Additionally, one coast live oak is located immediately adjacent to the Project development footprint and may have its root zone encroached upon. If this tree's root zone is indeed encroached upon, it will be monitored annually for a period of two years to determine if encroachment has resulted in its death. If this tree's health deteriorates from encroachment, 2 additional replacement trees will be installed to compensate for the loss of this tree to satisfy the requirements of the CLAOTO. These impacts conform to authorized tree removals that are specified in Oak Tree Permit No. 2010-00029. Additionally, project development will impact 11 coast live oaks and 1 scrub oak that are under the jurisdiction of the CDFW. Most of these trees are the same as the trees covered by the Los Angeles County Oak Tree Permit, but the CDFW's tree replacement ratios are based on the size of the tree to be removed (i.e., small trees are mitigated at a 2:1 ratio, while larger trees are mitigated at ratios of up to 20:1). The project's SAA requires 127 replacement trees (122 coast live oaks and 5 scrub oaks). There is no minimum size requirement for CDFW mitigation trees. Table 2 provides a summary of how the CDFW tree replacement requirement was determined. TABLE 2 CDFW TREE MITIGATION SUMMARY Species Tree Size (dbh) Total < 8" 8-12" 12-24" 24-36" >36" coast live oak Quercus agrifolia Impacts 1 — 6 4 — 11 Mitigation Ratio 2:1 5:1 10:1 15:1 20:1 Mitigation 2 — 60 60 — 122 scrub oak Quercus berberidifolia Impacts — 1 — — — 1 Mitigation Ratio 2:1 5:1 10:1 15:1 20:1 Mitigation — 5 — — — 5 Tree Impact Total 1 1 6 4 — 12 Tree Replacement Total 2 5 60 60 — 127 dbh: trunk diameter at breast height R:\Projects\BLC\3BLC000101\HMMP\Oak Tree\Oak Tree Mit Plan- 110920.docx 5 Oak Tree Habitat Mitigation and Monitoring Program Tesoro del Valle Residential Development Project, Phases 8 and C As described above, one coast live oak tree is near the grading boundary and may be encroached upon. While the CLAOTO requires this tree to be compensated for at a 2:1 ratio, the terms of the CDFW SAA require 10 replacement trees based on its dbh of 23.2 inches (based on replacement ratios shown in Table 2). The tree replacement areas must also contain native understory plants to offset the impacts to oak woodland habitat (the Oak Woodlands Plan is intended to provide mitigation for impacts to oak woodlands as an ecological system rather than simply a number of trees). Table 3 provides a summary of project tree impacts and associated mitigation. TABLE 3 TREE MITIGATION SUMMARY Species CDFW Guidelines CLAOTO Common Name Botanical Name Impacted Trees Replacement Trees Impacted Trees Replacement Trees Total Planting Requirement coast live oak Quercus agrifolia 11 122 11 22 144 scrub oak Quercus berberidifolia 1* 5 0 0 5 Total 149 CDFW: California Department of Fish and Wildlife; CLAOTO: County of Los Angeles Oak Tree Ordinance. The size of this impacted scrub oak is below the threshold for coverage under the CLAOTO. R:\Projects\BLC\3BLC000101\HMMP\Oak Tree\Oak Tree Mit Plan- 110920.docx 6 Oak Tree Habitat Mitigation and Monitoring Program Tesoro del Valle Residential Development Project, Phases 8 and C 2.0 MITIGATION PROGRAM SUMMARY The overall goal of this mitigation program is to provide for the establishment and long-term sustainability of 122 coast live oak trees and 5 scrub oaks as described in SAA No. 5-126-99 and 22 coast live oak trees to compensate for oak tree impacts pursuant to Los Angeles County Oak Tree Permit No. 2010-00029, along with associated woodland understory species. 2.1 MITIGATION SITE LOCATIONS The oak trees to be established for CDFW mitigation will be located in an open space area in San Francisquito Canyon (hereinafter referred to as the CDFW Oak Tree Mitigation Site, Exhibit 3). This open space area is known as the Phase D Conservation Area and will be subject to a Conservation Easement (CE) to the Mountains Recreation and Conservation Authority (MRCA). The CDFW Oak Tree Mitigation Site measures over 3 acres, which provides sufficient acreage to plant trees at a density of approximately 40 trees per acre, which is consistent with reference site conditions. The 22 coast live oaks to be established to satisfy the requirements of the County Oak Tree Permit will be located in natural open space areas to the north of the project development area (hereinafter referred to as the Los Angeles County Oak Tree Mitigation Site, Exhibit 4). The Los Angeles County Oak Tree Mitigation Site measures approximately 2 acres, which provides excess acreage to plant trees at a density of 40 trees per acre. The CDFW Oak Tree Mitigation Site is suitable for oak tree establishment because coast live oaks occur on the upper banks of San Francisquito Creek in several locations upstream of the mitigation site. The Los Angeles County Oak Tree Mitigation Site was chosen because it would extend an existing oak woodland area further upstream. Several coast live oaks occur along Tapia Creek to the southwest of the mitigation site, so that the proposed oak plantings will expand upon this existing woodland area. 2.2 REFERENCE SITE LOCATIONS Two reference site locations have been identified that will provide comparative information for the mitigation program. These reference sites will provide information for appropriate tree planting density, understory species coverage, and tree health. Reference Site 1 is located in a canyon along the extreme eastern boundary of the project site, while Reference Site 2 is located along San Francisquito Creek in natural open space owned by the City of Santa Clarita (Exhibit 4). Photographs of the mitigation sites and reference sites are provided in Exhibits 5 and 6. 2.3 EXISTING CONDITIONS The CDFW Oak Tree Mitigation Site is located along the eastern edge of San Francisquito Canyon that contains scattered Fremont cottonwood trees (Populus fremontii), along with native shrubs such as yerba santa (Eriodictyon crassifolium), golden currant (Ribes aureum), California buckwheat, and mule fat (Baccharis salicifolia). The Los Angeles County Oak Tree Mitigation Site is located in a small canyon that contains scattered native shrubs such as California buckwheat, blue elderberry (Sambucus nigra ssp. caerulea), and chamise (Adenostoma fasciculatum) along with moderately dense cover of non- native grasses. R:\Projects\BLC\3BLC000101\HMMP\Oak Tree\Oak Tree Mit Plan- 110920.docx 7 Oak Tree Habitat Mitigation and Monitoring Program .... .............. .A 3� '��4... a V.- ONE"r ' 00 ` o o aye it San Francisquito Canyon`Rd .� aPhase D Conservation Area Limits a USACE "waters of the U.S." ® RWQCB "waters of the State" a CDFW Jurisdictional Areas CDFW Oak Tree Mitigation Site �r Oak Tree Planting Locations Aerial Source: LAR-IAC 2014 Exhibit 3 Oak Tree Mitigation Plan, Tesoro del Valle, Phases 8 and C Project N `"-<� E 400 200 0 400 S Feet (Rev: 05/20/2020 MMD) R:\Projects\BLC\3BLC000101\Graphics\HMMP\Oak_Tree\ex_OakTree_PlanfingLocations.pdf Project Boundary Grading Limits Fuel Modification Impacts JSite Los Angeles County Oak Tree Mitigati Reference Sites Existing Tree Species O coast live oak (Quercus agrifolia) O scrub oak (Quercus berberidifolia) Map Extent �r ti Reference Site 2 Aerial Source: LAR-IAC2014 )ak Tree Planting Locations Exhibit 4 )ak Tree Mitigation Plan, Tesoro del Valle, Phases B and C Project E �E sso z s o sso Feet �a�.oa-zi-zozo aMa)atvr�ian�eLcaeLc000iof tcapn,cswMMvtoak Tr-a.o—raavla ,L—t—s par Photo 1: View of CDFW Oak Tree Mitigation Site. Photo 2: View of Los Angeles County Oak Tree Mitigation Site. Mitigation Site Photos Exhibit 5 Oak Tree Mitigation Plan, Tesoro del Valle, Phases 8 and C Project (04/14/2020 RMB) R:\Projects\BLC\3BLC000101\Graphics\HMMP\Oak_Tree\ex_MitigationSitePhotos.pdf ,{ill" +i-• ti. a tt, 14 14 � - � � +• ,fi^t�. � � , PSOMASA S Tesoro del Valle Residential Development Project, Phases 8 and C 2.4 SCHEDULE Trees will be installed in the mitigation sites approximately one year after the removal of the trees that are permitted for removal during the fall or early winter so that collected acorns do not need to be stored for a long period and because cool conditions and natural precipitation are beneficial for acorn germination/establishment. It is expected that approximately one year will be required for water infrastructure to be built which would provide an irrigation source for replacement trees. Trees will be maintained and monitored for a minimum of five years in the Los Angeles County Oak Tree Mitigation Site and ten years in the CDFW Oak Tree Mitigation Site. The monitoring period may be extended if the project performance standards are not met, though early sign -off of the mitigation program may be sought in the event of excellent site performance. Non-native grass removal will occur prior to the installation of oak trees in the mitigation area, and regular removal of non-native grasses will continue for approximately two years after tree installation to reduce the prevalence of these species. A native understory seed mix will be applied to the site at the end of this initial weed control period. 2.5 RESPONSIBLE PARTIES Successful mitigation program implementation will depend upon the cooperative efforts of the Project Applicant, the Landscape Contractor, and the Biological Monitor. The following section outlines the various functions and responsibilities of these entities and individuals. 2.5.1 Project Applicant The Project Applicant is responsible for (1) retaining a qualified Biological Monitor to monitor installation, long-term maintenance, and site performance of the mitigation sites; and (2) hiring a qualified Landscape Contractor to install and maintain the mitigation sites. The Project Applicant will ultimately be responsible for the successful implementation of the program described herein and for compliance with required performance standards. 2.5.2 Biological Monitor The Project Applicant will retain a Biological Monitor and Arborist (who holds a Certification issued by the International Society of Arboriculture) who is experienced in monitoring the installation and growth of native tree species as well as native plant establishment and non-native plant species control. The Biological Monitor will be responsible for monitoring invasive weed species eradication, site preparation activities, installation of container plants, and native seed mix application. The Biological Monitor will also be responsible for coordinating with the Project Applicant and the Landscape Contractor regarding the status of the mitigation program. The Biological Monitor will attend all meetings on the project site during installation procedures and will be responsible for directing the Landscape Contractor during HMMP implementation to ensure compliance with specified performance standards and the successful establishment of native plants. In all instances, the Biological Monitor will consult with and obtain approval from the Project Applicant concerning implementation revisions and will notify the Project Applicant prior to the initiation of any and all stages of HMMP implementation. 2.5.3 Landscape Contractor The Project Applicant will be responsible for retaining a licensed Landscape Contractor experienced in (1) non-native plant species control and management in natural habitat areas and (2) the installation and maintenance of habitat mitigation programs. The Landscape Contractor will be responsible for performing all non-native plant species control activities and performing all other site preparation procedures, container plant installation, and seed mix application to R:\Projects\BLC\3BLC000101\HMMP\Oak Tree\Oak Tree Mit Plan- 110920.docx 8 Oak Tree Habitat Mitigation and Monitoring Program Tesoro del Valle Residential Development Project, Phases 8 and C designated areas. The Landscape Contractor will also be responsible for coordinating with the Biological Monitor regarding all site installation activities. 2.5.4 Long -Term Management Entities Mitigation sites described herein will be transferred to two separate Long -Term Management Entities (LTMEs). Open space areas to the north of the development area will be transferred to the City of Santa Clarita, while the Phase D Conservation Area will be transferred to the Tataviam Land Conservancy (TLC). The terms of the transfer of these areas to the LTMEs are described in separate Open Space Management and Maintenance Agreements (OSMMAs). It is the responsibility of the LTMEs to manage the mitigation sites to ensure that their habitat qualities are maintained in perpetuity. An endowment or other financial assurance will be provided by the Project Applicant to the LTMEs to ensure sufficient funds are available for the successful management of the mitigation areas. The LTMEs are subject to approval by the LACDRP. 2.5.5 Easement Holder The Easement Holder is an entity that is approved by the CDFW to hold a conservation easement for a property that provides mitigation credit. The Easement Holder has the responsibility to ensure that the mitigation property remains in its natural condition in perpetuity and to prevent any use of the area that will interfere with its conservation values. For the off -site mitigation site (Phase D Conservation Area), the Easement Holder will be the Mountains Recreation and Conservation Authority (MRCA). 2.5.6 LACDRP and CDFW The LACDRP and the CDFW will be responsible for reviewing annual monitoring reports for the Los Angeles County Oak Tree Mitigation Site and the CDFW Oak Tree Mitigation Site (within the Phase D Conservation Area), respectively. Annual monitoring reports will be provided by the Biological Monitor to the resource agencies to confirm that the mitigation programs are on schedule to achieve required performance standards. Once the mitigation programs have achieved the final performance standards, the LACDRP and the CDFW will be responsible for coordinating with the Project Applicant and the Biological Monitor to confirm the successful completion of the programs and to provide written confirmation that will release the Project Applicant from further maintenance and monitoring responsibilities. The County of Los Angeles will have regulatory authority over the Tesoro del Valle project area, including the open space areas that contain the Oak Tree Mitigation Sites described herein, until the project area has been annexed to the City of Santa Clarita (expected November 2021). The County of Los Angeles will be a third -party beneficiary of the OSMMA until the project area is annexed to the City of Santa Clarita, at which point the County's third -party beneficiary status will end, including the enforcement duties of open space management requirements of the OSMMA. R:\Projects\BLC\3BLC000101\HMMP\Oak Tree\Oak Tree Mit Plan- 110920.docx 9 Oak Tree Habitat Mitigation and Monitoring Program Tesoro del Valle Residential Development Project, Phases 8 and C 3.0 OAK TREE PROTECTION DURING CONSTRUCTION Initial construction activities have the potential to directly and indirectly impact oak woodland habitats that are to be preserved as open space. Potential short-term impacts on oak trees that are in the proximity to the grading footprint include soil compaction, dust accumulation on trees, erosion, and short- and long-term drainage alteration. In accordance with the guidelines set forth in the publication "Oak Trees: Care and Maintenance" prepared by the Forestry Division of the Los Angeles County Fire Department, existing oak trees shall be preserved and protected as follows. 3.1 PROTECTED ZONE A "protected zone", defined as a radius extending 5 feet beyond the dripline of a tree (with a minimum distance of 15 feet from the trunk), shall apply to oaks within 50 feet of the project's grading footprint. The protected zone will be marked using orange snow fencing to indicate the avoidance area. The fencing shall be installed prior to grading or tree removal and shall not be removed until grading operations in the vicinity of these trees is complete. 3.2 EQUIPMENT AND STORAGE ACCESS Equipment shall not be stored, parked, or operated within the protected zone of any oak tree. Temporary structures shall not be placed within the protected zone of an oak tree. Trenching, excavation, or clearance of vegetation within the protected zone of an oak tree shall be accomplished by the use of hand tools or small hand-held power tools. Any major roots encountered shall be conserved to the extent possible and treated as recommended by the Biological Monitor/Arborist. Utility trenches shall not be routed within the protected zone of an oak tree unless those locations are required by the serving utility. No planting or irrigation system shall be installed within the dripline of a preserved oak tree, and no irrigation will be directed to flow into the protected zone of any oak tree. Construction access will be planned to minimize pruning of preserved oaks. All storage areas will be restored to a natural condition after construction is completed. 3.3 EROSION CONTROL A combination of chain -link and silt fencing will be constructed on the slopes below grading areas to prevent erosion and deposition of materials in woodlands and drainages during grading and construction activities. Back -cutting techniques will be used where grading occurs along the top of slopes to prevent excess soil and rock from escaping downslope and disturbing natural areas. Natural drainage patterns will be maintained as much as possible during and following construction. Erosion control techniques or sediment control devices, including the use of sandbags and the installation of sediment traps, will be used to control erosion and limit excess drainage if construction activities occur during the rainy season. 3.4 REPLACEMENT Any work within the protected zones (i.e., encroachment) that results in the death of an oak tree within two years of disturbance shall require tree replacement. Trees shall be replaced at the rate of two trees for each tree that dies. Replacement trees shall be grown from oak acorns that are collected from local trees. Tree planting shall be supervised by a biologist with knowledge and experience in restoration ecology. Replacement plants shall be maintained and monitored for a period of at least five years to ensure the long-term success of the replacement plantings. R:\Projects\BLC\3BLC000101\HMMP\Oak Tree\Oak Tree Mit Plan- 110920.docx 10 Oak Tree Habitat Mitigation and Monitoring Program Tesoro del Valle Residential Development Project, Phases 8 and C 3.5 GRADING PLANS All sensitive resources shall be noted on the grading plan prior to initiation of grading to eliminate confusion or misunderstanding when grading begins. Oak tree information grading plans shall specify trunk diameter and canopy diameter. 3.6 VEGETATION CLEARING Pruning and clearing of native trees, shrubs, and snags shall be avoided. 3.7 DUST CONTROL All trees in the vicinity of construction activity will be periodically sprayed with water (at least once every three weeks) to reduce dust accumulation on the leaves. R:\Projects\BLC\3BLC000101\HMMP\Oak Tree\Oak Tree Mit Plan- 110920.docx 11 Oak Tree Habitat Mitigation and Monitoring Program Tesoro del Valle Residential Development Project, Phases 8 and C 4.0 MITIGATION SITE INSTALLATION 4.1 RATIONALE FOR EXPECTING IMPLEMENTATION SUCCESS The mitigation program is expected to be successful for several reasons: (1) specified plant species are native to the local area and are adapted to local conditions, (2) mature oak trees are located in the near vicinity of the proposed mitigation sites which indicates that soil and hydrological conditions are appropriate for the successful establishment of oak woodland habitat, (3) supplemental water will be applied if necessary to assist in plant establishment, and (4) long- term monitoring and maintenance of the site will quickly identify and address any problems that threaten the success of the mitigation program. 4.2 FINANCIAL ASSURANCE All costs associated with this mitigation program are the responsibility of the Project Applicant. Upon successful completion of the mitigation program and receipt of resource agency confirmation of program success, the financial responsibilities of the Project Applicant will be fulfilled. 4.3 SITE PREPARATION 4.3.1 Protection of Existing Resources The Landscape Contractor will be responsible for complying with the resource protection measures listed in all regulatory agency permits and authorizations. 1. Existing Plant Species: Existing native plant species will be retained and protected from damage by people and equipment. The Biological Monitor will consult with the Landscape Contractor prior to program initiation to identify native plants that are to remain on the project site. 2. Water Quality/Soils Quality Control: The Landscape Contractor will ensure that no foreign material and/or liquid (such as oil, gasoline, or other petroleum products) is deposited on any soil within the mitigation site, along the dripline (the outside edge of foliage overhang) of any native plant species, or within existing drainages. Should any such contamination of the soil occur, the Landscape Contractor will remove the affected soil, as directed by the Biological Monitor, at no expense to the Project Applicant. 3. Construction Storage and Staging: Prior to initiating mitigation program activities, the Biological Monitor shall indicate to the Landscape Contractor all sensitive biological areas that shall be avoided. All staging and storage of equipment, vehicles, and materials will be located outside identified sensitive resource areas. Construction equipment, vehicles, and materials will not be placed on existing native vegetation or within sensitive resource areas. The location of construction staging and storage areas will be identified in coordination with the Biological Monitor. 4.3.2 Exotic Species Removal All invasive exotic species will be removed from the mitigation sites at the direction of the Biological Monitor. Invasive woody species will be controlled prior to tree installation. Herbaceous species such as black mustard (Brassica nigra) or wild oat grass will be mechanically controlled to reduce their coverage for the first two years of the mitigation program. Appropriate methods of weed control will be determined through consultation between the Biological Monitor, the Landscape Contractor, and the resource agencies (as needed), based on site conditions. R:\Projects\BLC\3BLC000101\HMMP\Oak Tree\Oak Tree Mit Plan- 110920.docx 12 Oak Tree Habitat Mitigation and Monitoring Program Tesoro del Valle Residential Development Project, Phases 8 and C Mechanical removal of non-native plants is the preferred method of control, and herbicides will only be used if mechanical removal does not adequately control non -natives. Various weed - control methods are described below: 1. Mechanical Removal: Weed whips and other mechanical or hand -removal methods will be used to remove grass and small/immature weed species to provide suitable open ground for native species establishment and to effectively minimize seedling regrowth. 2. Cut -and -Paint Method of Herbicide Application: Glyphosate will be applied to large (i.e., all plants greater than 3 feet in height) woody invasive species using the cut -and - paint method of application. In all riparian areas, Rodeo brand herbicide shall be used, while Round -Up brand herbicide may be used in upland areas where chemicals will not wash into any streams. The cut -and -paint method consists of: (1) cutting the stem(s) of the shrub to a height of 12 inches or less and removing all aboveground debris from the site; (2) applying glyphosate to the cut stump within five minutes of cutting the stem; and (3) performing follow-up foliar applications, as described below, to seedling regrowth every four to six weeks until all regrowth has been eradicated. 3. Foliar Application of Herbicide: Rodeo or Round -Up, as appropriate, will be applied to small (i.e., less than 3 feet tall) broadleaf invasive plant species including immature giant reed, castor bean, tree -of -heaven, mustard, and any other invasive exotic species that are established within the mitigation sites. The following removal techniques will be used: a. Rodeo or Round -Up should be applied to each plant at a minimum rate of 1.5 percent to ensure that each plant receives a comprehensive and fully effective treatment and that re -sprouting from root materials is minimal. Application will consist of: (1) spot applications to individual plants where broadleaf plant coverage is sparse and (2) broadcast applications to dense patches of weed species. Applications should be on a spray -to -wet basis, and coverage should be uniform and complete. Contact with native shrub and grass species should be avoided as much as possible; in the event of gusty winds or winds in excess of 5 miles per hour, all work will be temporarily discontinued to protect Applicators and adjacent natural resources. Treatments should also be temporarily discontinued in the event of rainfall, since rainfall reduces the effectiveness of the herbicide. b. Sprayed vegetation should be left undisturbed for seven days to allow the herbicide to be distributed throughout the entire plant. Visible effects of herbicide application consist of wilted foliage, brown foliage, and disintegrated root material. c. All treated plant materials should be removed by a string trimmer or other appropriate equipment. Plant material that contains mature seeds will be removed from the mitigation sites and disposed of at an appropriate off -site facility. Plant material that does not contain seeds may be left at the mitigation site to serve as mulch at the discretion of the Biological Monitor. d. The steps listed above should be repeated two to three times every two to three weeks following the initial treatment to remove seedling exotic species. 4.4 PLANTING PLAN Plant establishment will be performed between October 15 and January 30 and during those periods when weather and soil conditions are suitable. In this way, seasonal rains can be used to facilitate plant establishment. Most native plant species are dormant during this time period, and container species experience the least amount of stress and shock if planted at this time. Timing will be approved in advance by the Biological Monitor. R:\Projects\BLC\3BLC000101\HMMP\Oak Tree\Oak Tree Mit Plan- 110920.docx 13 Oak Tree Habitat Mitigation and Monitoring Program Tesoro del Valle Residential Development Project, Phases 8 and C 4.4.1 Container Planting 1. Timing: Planting will be performed between October and March and during those periods when weather and soil conditions are suitable for planting. 2. Planting Layout: Actual planting locations within the habitat mitigation sites will be determined by the Biological Monitor in coordination with the Landscape Contractor. The Landscape Contractor will provide a variety of colored "pin flags" to mark planting locations using a color -coded scheme. 3. Acorn Planting: Though the CLAOTO requires replacement plants to consist of 15-gallon container stock, trees raised from direct seeding of acorns in natural habitat areas are better acclimated to site conditions and exhibit better long-term growth and survival than large container stock. Therefore, acorns will be utilized for tree planting instead of container species, as indicated in Table 4. Plant layout configurations will be adjusted in the field by the Biological Monitor. a. Acorns will be collected from trees within 1 mile of the project site and planted within four months of collection. b. Acorns will be collected from multiple locations to the extent practicable to provide a diversity of genetic source material. c. Soil will be loosened at the planting site as necessary to ensure that roots extending from the acorn can penetrate surrounding soil. d. Each acorn will be inserted into the soil so that less than 1 inch of soil covers the acorn. e. Weed -free mulch will be placed to depth of 2 to 3 inches on top of the planted acorn. Mulch will be placed in a circular area with a radius of 2 feet from the acorn planting site. 4. Numbering Plant Locations: Each tree planting location will have a 2-foot or 4-foot wooden lath stake inserted into the ground near the planted tree. An identifying number will be written on the lath stake so that each tree's performance can be monitored during the long-term monitoring period. TABLE 4 OAK CONTAINER PLANT PALETTE Scientific Name Common Name Number per acre Container Size Total Quantity Quercus agrifolia coast live oak 39 acorns 144 Quercus berberidifolia scrub oak 1 acorns 5 TOTAL 1 40 1 1 149 4.5 IRRIGATION PLAN Water will be provided to container plants and acorns through two possible methods: (1) a temporary irrigation system that consists of individual bubblers to provide water directly to planting basins or (2) hand watering via a hose that would be connected to a nearby quick coupler or water truck. The Landscape Contractor will develop the irrigation system, and the Biological Monitor will approve the system prior to installation. Water will be provided for a period of approximately R:\Projects\BLC\3BLC000101\HMMP\Oak Tree\Oak Tree Mit Plan- 110920.docx 14 Oak Tree Habitat Mitigation and Monitoring Program Tesoro del Valle Residential Development Project, Phases 8 and C three years until establishment. At the end of the mitigation program, the Landscape Contractor will be responsible for removing irrigation equipment from the mitigation sites. 4.6 FENCING The CDFW Oak Tree Mitigation Site is located in an area that is not expected to be subject to significant human visitation so that the need for protective fencing is not anticipated. The Los Angeles County Oak Tree Mitigation Site is located near the northern boundary of the development area, and a mountain bike trail passes through the planting area. There are no signs that mountain bikers leave the established trail, so no fencing is expected to be needed for this area either. Damage to the oak tree plantings will be identified during regular monitoring visits. If damage to the oak trees is observed, protective fencing may be installed if deemed necessary by the Biological Monitor. If herbivory from deer, rabbits, or gophers is responsible for damage to native plantings, metal cages may be installed above or below ground as deemed necessary by the Biological Monitor. 4.7 AS -BUILT CONDITIONS At the completion of mitigation installation activities, the Biological Monitor will submit documentation to the Project Applicant, the Landscape Contractor, and all appropriate resource agencies that summarizes installation initiation and completion dates, site -preparation activities, and plant -establishment activities. Also included will be site photos and a map indicating the as - built conditions of the mitigation locations at the completion of installation activities. 4.8 SEED APPLICATION As indicated above in Section 4.3.2, the first two years of the mitigation program will include regular trimming of non-native grasses and herbaceous species in the vicinity of the oak tree mitigation sites to create favorable conditions for the germination and establishment of native understory plants. Once the Biological Monitor determines that non-native grass and herbaceous species have been suitably controlled, the native seed mix that is summarized in Table 5 will be applied to the mitigation sites. The seed mix will be obtained from a reputable and technically experienced native seed supplier, subject to approval by the Biological Monitor. Seeds and propagules will be collected as much as possible from the project site and other local plant sources within 10 miles and 1,000 elevational feet of the mitigation site. Seed sources should come from areas that have similar habitat conditions as the project site. Plant material will be collected from multiple locations to the extent practicable to provide a diversity of genetic source material. The Biological Monitor shall approve the seed mix and the sources of collection before seed is packaged. Appropriate seed mixes and container species are listed below for the habitat establishment and enhancement areas. Application of the understory seed mix will be performed between October 15 and January 30 when weather and soil conditions are suitable and seasonal rains can facilitate successful germination. Timing of seed mix application will be approved in advance by the Biological Monitor. R:\Projects\BLC\3BLC000101\HMMP\Oak Tree\Oak Tree Mit Plan- 110920.docx 15 Oak Tree Habitat Mitigation and Monitoring Program Tesoro del Valle Residential Development Project, Phases 8 and C TABLE 5 SEED MIX SPECIES AND QUANTITIES Scientific Name Common Name % purity % germ. lbs./acre Acmispon glaber deer weed 90 60 5.0 Acourtia microcephala sacapellote N/A N/A 2.0 Adenostoma fasciculatum chamise N/A N/A 1.0 Artemisia califoml.ca California sagebrush 30 60 2.0 Eriogonum fasciculatum California buckwheat 55 20 3.0 Lupinus succulentus arroyo lupine 98 85 1.0 Melica imperfecta small -flowered melic grass 90 60 2.0 Prunus ilicifolia holly -leaf cherry N/A N/A 1.0 Rhus aromatics skunk bush 80 50 1.0 Sambucus nigra ssp. caerulea blue elderberry 95 20 1.0 Solanum douglasii Douglas' nightshade 90 20 1.0 Solanum xanti chaparral nightshade 90 20 1.0 Stipa lepida I foothill needlegrass 60 60 2.0 Total 23.0 germ: germination; Ibs: pounds; N/A: not available Note that species and quantities are subject to change based on seed availability at the time of seed a lication All seed will be clearly labeled showing type of seed; the name of the supplier; and percentage of pure live seed. All seed mixes will be stored in a dark, cool place and not be allowed to become damp. Seeds will be applied by hand to avoid damaging container species, as described below. • The seed mix will be pre -mixed in the proportions specified in the detailed installation plans. • Five cubic feet per acre of fine grade plaster sand will be added to the total seed mix. The seed and sand will be thoroughly mixed to adequately mix the seed and sand prior to broadcasting. • The seed mix will be thoroughly raked into the soil. R:\Projects\BLC\3BLC000101\HMMP\Oak Tree\Oak Tree Mit Plan- 110920.docx 16 Oak Tree Habitat Mitigation and Monitoring Program Tesoro del Valle Residential Development Project, Phases 8 and C 5.0 LONG-TERM MAINTENANCE AND MANAGEMENT Maintenance and long-term management operations that are discussed below will be performed in the mitigation sites. The intent of the maintenance program is to facilitate the establishment of self -sustainable native habitat. Maintenance and management tasks on the mitigation site will be performed for a period of at least five years until project performance standards are achieved. 5.1 ADAPTIVE MANAGEMENT The principles of an adaptive management program will be adopted for this mitigation program to maximize the chances for successful oak establishment. Adaptive management is an ongoing process where monitoring identifies site performance issues (e.g., plant mortality or poor growth). One or more strategies to improve inadequate site performance will be determined through collaboration between the Biological Monitor and Landscape Contractor. These strategies will be implemented, and subsequent monitoring will determine the efficacy of the adopted strategy or strategies. In this way, improved site management strategies are identified and the overall site performance is improved. This section identifies several management components that will be monitored as part of the adaptive management process and potential strategies discussed. Oak tree health in the reference sites will be observed to determine if any health issues for the planted oaks are related to a widespread environmental or disease issue that may be affecting oaks outside the mitigation sites. 5.2 MAINTENANCE SCHEDULE A summary of the activities to be performed for the mitigation sites is provided in Table 6. The Biological Monitor, in coordination with the Landscape Contractor, will approve any needed revisions to the specified schedule and methodologies. When the Biological Monitor determines poor, unhealthy condition of plant materials, inadequate control of weed species and/or non-compliance with performance standards, the maintenance tasks will be continued until performance standards are met. TABLE 6 HABITAT MITIGATION SITES MAINTENANCE PROGRAM SCHEDULE Work Tasks' Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Weed Control Erosion Control Pest Control Identify Plant Mortality Plant Replacementb Trash Removal Note: Shaded boxes denote ongoing tasks. a Maintenance task schedule and frequency will be adjusted, as appropriate, depending on site conditions and in coordination with the Biological Monitor. b As needed. R:\Projects\BLC\3BLC000101\HMMP\Oak Tree\Oak Tree Mit Plan- 110920.docx 17 Oak Tree Habitat Mitigation and Monitoring Program Tesoro del Valle Residential Development Project, Phases 8 and C 5.3 ONGOING EXOTIC AND WEED SPECIES CONTROL Exotic and invasive weed species control will be performed regularly during the required maintenance period. It is important that the Landscape Contractor is able to distinguish native plant species from weedy or non-native species. Before weed control is initiated, the Biological Monitor will brief the Landscape Contractor and crew regarding the identification of desirable and undesirable plant materials. Weed/exotics removal will occur on a monthly basis from March through August and on an as -needed basis from September to February each year of the required maintenance period. Weed species will be controlled as necessary using methods described in Section 3.2. If the weed control schedule does not maintain weed coverage below the project performance standard, the Landscape Contractor will increase the frequency of weeding events or lengthen the overall period of monthly removal efforts. 5.4 IRRIGATION Temporary irrigation will be provided by hand watering in the mitigation sites to ensure the successful establishment of native tree species. Based on site conditions and plant health, irrigation will be curtailed after two years and discontinued within three years following implementation to allow native species to adapt to the natural water regime. The sites will be self - sustainable without supplemental water for at least two years prior to final approval of this program. Irrigation application and schedules will be implemented to encourage deep root growth (i.e., periodic deep irrigation versus frequent light irrigation). Generally, the irrigation regime for oak trees consists of water application during the winter and early spring and dry soil conditions during the summer to avoid conditions that encourage fungus to develop on the trees. Watering events should thoroughly saturate the root zone of oak trees, and then watering should be discontinued until the soil has thoroughly dried out. Plant species will be monitored for drought stress following irrigation termination to minimize dieback. Irrigation may be re -activated in the event of widespread stress or dieback. If the planted oak trees exhibit drought stress or dieback, alteration of the irrigation schedule is the most likely cause. Therefore, supplemental watering events may be lengthened (i.e., more water applied per event) or watered for a longer seasonal period. To combat drought stress, small shade structures may be erected to filter sunlight reaching the young plants or additional mulch may be applied to maintain soil moisture. 5.5 EROSION AND SEDIMENTATION CONTROL Best management practices (e.g., sediment traps, weed -free straw bales) will be used on an as - needed basis to effectively reduce the potential for soil erosion in the mitigation sites. The deposition of debris, herbicides, fertilizers, pesticides, petroleum products, or any other pollutants in the mitigation sites will be avoided. 5.6 PEST CONTROL Insects, plant disease, herbivores, and other pests will be closely monitored during the five-year maintenance period. Diseased or infected plants will be immediately disposed of off -site at an appropriate landfill to prevent infection of on -site resources at the recommendation of the Biological Monitor. Pesticide use will comply with local codes and regulations and will be used with the permission of the Biological Monitor. Live traps will be used as necessary to control problem rodent species responsible for excessive herbivory and plant species damage. Any other rodent -control strategies must be approved by the Biological Monitor. If the plantings are harmed R:\Projects\BLC\3BLC000101\HMMP\Oak Tree\Oak Tree Mit Plan- 110920.docx 18 Oak Tree Habitat Mitigation and Monitoring Program Tesoro del Valle Residential Development Project, Phases 8 and C by mammal herbivory (e.g., rabbits, gophers), protective metal cages will be installed above or below ground as deemed necessary by the Biological Monitor. 5.7 PLANT REPLACEMENT During the required maintenance period, plant failure below the required coverage and survival standards and/or poor health will be compensated for by reseeding and/or replanting using species and quantities specified by the Biological Monitor. No reseeding or replanting will occur in any season unfavorable for plant germination and establishment. The Biological Monitor will make regular inspections of the work as specified in the Biological Monitoring Guidelines to assess the condition of all plants and to determine any remedial measures necessary to provide adequate coverage and survival rates. 5.8 TRASH REMOVAL All trash and debris will be removed by hand on a regular basis from all mitigation sites. 5.9 VEGETATION MANAGEMENT 5.9.1 Dead Wood/Leaf Litter Removal Dead wood will not be removed from any of the mitigation sites. Decomposing vegetation provides valuable microhabitats for invertebrates, reptiles, small mammals, and birds. In addition, the decomposition of dead wood and leaf litter is necessary for the replacement of soil nutrients and minerals. 5.9.2 Pruning Vegetation removal and pruning will be performed only when necessary for public safety and will be minimized as much as possible. All removed native vegetation will be chipped and spread throughout the mitigation site. Dense canopy, multi -layered understory, and mid -story growth provide valuable nesting, foraging, and sheltering opportunities for wildlife species. R:\Projects\BLC\3BLC000101\HMMP\Oak Tree\Oak Tree Mit Plan- 110920.docx 19 Oak Tree Habitat Mitigation and Monitoring Program Tesoro del Valle Residential Development Project, Phases 8 and C 6.0 BIOLOGICAL MONITORING GUIDELINES Monitoring will be performed by the Biological Monitor to facilitate compliance with conditions and performance standards set forth in this section. The Biological Monitor will be responsible for (1) monitoring site preparation (exotics removal, soils preparation, and irrigation installation), seed mix application, container planting, long-term maintenance, and long-term site performance; (2) providing site status documentation; and (3) facilitating the protection of natural resources during all initial implementation and long-term maintenance activities throughout the mitigation program. The Biological Monitor will also be responsible for coordinating with the Project Applicant, the Landscape Contractor, LACDRP, and CDFW regarding site conditions, site performance, and required remedial measures. 6.1 PERFORMANCE STANDARDS AND SUCCESS CRITERIA The performance goals listed in Table 7 will be met in the mitigation sites for the mitigation program to be considered successful. The performance standard for rating tree health is based on the criteria provided in Table 8. The goal of the mitigation program is to provide self-sustaining oak woodland vegetation with minimal establishment of invasive non-native species. The mitigation plantings must withstand at least two years without supplemental irrigation to be considered established. The Biological Monitor is responsible for evaluating compliance with specified performance standards. TABLE 7 PERFORMANCE STANDARDS Non -Native Plant Native Tree Native Understory Species Percent Year Survival Species Coverage Coverage Tree Health Ratinga One 100% _ <20% 100% of trees (149 of 149) rated 3 or higher 75% of trees (112 of 149) rated 4 or higher Two 100% — <10% 100% of trees (149 of 149) rated 3 or higher 75% of trees (112 of 149) rated 4 or higher Three 100% 50% of reference <10% 100% of trees (149 of 149) rated 3 or higher site coverage 75% of trees (112 of 149) rated 4 or higher Four 100% 70% of reference <10% 100% of trees (149 of 149) rated 3 or higher site coverage 75% of trees (112 of 149) rated 4 or higher Five 100% 90% of reference <10% 100% of trees (149 of 149) rated 3 or higher site coverage 75% of trees (112 of 149) rated 4 or higher a Based on the rating system described in Table 8. Please note that no performance standards are provided for the Years 1 and 2 for Native Understory Species Coverage as seed application in the understory stratum will occur once trees have had a chance to establish. R:\Projects\BLC\3BLC000101\HMMP\Oak Tree\Oak Tree Mit Plan- 110920.docx 20 Oak Tree Habitat Mitigation and Monitoring Program Tesoro del Valle Residential Development Project, Phases 8 and C TABLE 8 TREE HEALTH RATING CRITERIA Rating Criteria 5 Tree in excellent health with abundant foliage and new leaf growth and no signs of herbivory or other limb damage (e.g., broken branches). 4 Tree in very good health with ample green foliage and new leaf growth; few signs of limb damage or herbivory. 3 Tree in moderate health with limited existing foliage and some new leaf growth; moderate limb damage or herbivory. 2 Tree in poor health; existing leaves yellowing and/or new leaf growth appears unhealthy; extensive limb or trunk damage. Tree in obvious decline; existing leaves yellowing and no new leaf growth; extensive limb or trunk damage. 6.2 MONITORING METHODS Long-term site monitoring will consist of both qualitative and quantitative monitoring. Qualitative surveys performed within the mitigation sites will include an assessment of native plant species percent coverage and diversity, native species recruitment and reproduction, plant mortality and germination, pest problems, invasive weed species establishment, trash/human encroachment, erosion, and wildlife species use. Qualitative surveys will include observations of wildlife usage of the sites. Quantitative surveys will be conducted annually at the mitigation sites and will include a quantitative assessment of tree survival, ratings of tree health, and measurement of the native and non-native understory plant cover with the point -intercept method of vegetative assessment. During these surveys, the condition of each planted oak tree will be assessed and recorded to confirm that the minimum number of trees are present and that their health meets the performance standard. To measure understory species coverage, randomly located point -intercept transects will be used during the quantitative survey within the habitat mitigation sites at the end of each year following implementation. A minimum of four 100-foot point -intercept transects will be used at each mitigation site for this quantitative assessment. The final number may be increased as necessary (based on the discretion of the Biological Monitor) to adequately capture the level of species diversity that exists within each site and to provide meaningful data regarding species coverage and diversity. Species coverage will be listed by native and non-native species. This information will be used on a yearly basis to determine compliance or non-compliance with the percent coverage performance standards listed in Table 7. Permanent photo -documentation stations will be utilized in various points of the mitigation sites. These stations will be used to provide visual documentation of each site's progress when all implementation activities are completed and during each annual quantitative survey. The locations of these photo -documentation stations will be determined immediately prior to project installation. The Biological Monitor will meet with the Landscape Contractor, as necessary, during regularly scheduled site visits to discuss site conditions and to recommend remedial measures. Recommended remedial measures will be based on site observations and survey results. R:\Projects\BLC\3BLC000101\HMMP\Oak Tree\Oak Tree Mit Plan- 110920.docx 21 Oak Tree Habitat Mitigation and Monitoring Program Tesoro del Valle Residential Development Project, Phases 8 and C 6.3 MONITORING SCHEDULE Monitoring will consist of qualitative, bi-monthly visits by the Biological Monitor during the first two years after site installation and quarterly visits during each successive year of the program to assess site performance. Bi-monthly surveys will consist of five qualitative surveys and one quantitative survey each year for the first two years following site installation. Quarterly surveys will be performed after the first two years which will consist of three qualitative surveys and one quantitative survey each year. Quantitative surveys will be conducted on an annual basis after site installation to measure native and non-native species coverage and to determine compliance with site performance standards. The length of the long-term monitoring for this project is expected to be five years in the Los Angeles County Oak Tree Mitigation Site and ten years in the CDFW Oak Tree Mitigation Site. The monitoring period may be extended if the project performance standards are not met, though early sign -off of the mitigation program may be sought if the site exhibits excellent performance. A schedule of long-term site performance monitoring tasks is provided in Tables 9 and 10. TABLE 9 LONG-TERM SITE MONITORING SCHEDULE YEARS ONE AND TWO Work Tasks Jan I Feb I Marl Apr May Jun I Jul 1AugJ Sepl Oct INov Dec Site Monitoring Qualitative Surveys x x x X x Quantitative Surveys x Photo -documentation x On -site Meetings' x x x x x x Site Status Documentation Installation Completion x Progress Reports x x x X x Annual Status Reports2 x On -site meetings will occur as necessary during regularly scheduled site monitoring visits and may include, as needed, the Biological Monitor, the Landscape Contractor, resource agencies, and any other appropriate parties. 2 Submitted by December 31 of each year. TABLE 10 LONG-TERM SITE MONITORING SCHEDULE YEARS THREE THROUGH TEN Work Tasks Jan I Feb I Marl Apr May Jun I Jul JAugJ Sepl Oct JNov Dec Site Monitoring Qualitative Surveys x x x Quantitative Surveys x Photo -documentation x On -site Meetings' x x x x Site Status Documentation Progress Reports x x x Annual Status Reports2 x On -site meetings will occur as necessary during regularly scheduled site monitoring visits and may include, as needed, the Biological Monitor, the Landscape Contractor, resource agencies, and any other appropriate parties. 2 Submitted by December 31 of each year. R:\Projects\BLC\3BLC000101\HMMP\Oak Tree\Oak Tree Mit Plan- 110920.docx 22 Oak Tree Habitat Mitigation and Monitoring Program Tesoro del Valle Residential Development Project, Phases 8 and C 6.4 SITE STATUS DOCUMENTATION 6.4.1 Initial Implementation Summa A Letter Report that summarizes initial mitigation implementation will be submitted to the Project Applicant, the Landscape Contractor, LACDRP, and CDFW within six weeks of installation completion. The report will include a discussion of any modifications to the HMMP, as specified in this document; a summary of all exotic species removed, plant species planted, and seed species broadcast; and photographs of implementation activities and site conditions immediately following implementation completion. 6.4.2 Progress Reports Progress reports will be submitted by the Biological Monitor to the Project Applicant and the Landscape Contractor following each qualitative monitoring site visit. Each progress report will summarize estimated native species coverage and diversity, native species health and overall vigor, the establishment of volunteer native species, exotic species establishment, the use of the sites by wildlife species, significant drought stress, and any recommended remedial measures deemed necessary to ensure compliance with specified performance standards. 6.4.3 Annual Status Reports Annual site status reports that summarize site conditions will be forwarded by the Biological Monitor to the Project Applicant, the Landscape Contractor, LACDRP, and CDFW at the end of each year following initial implementation. The annual report will summarize (1) native and non- native species coverage and tree survival rates measured during yearly quantitative surveys, (2) compliance/non-compliance with performance standards, (3) native species health and overall vigor, (4) the establishment of volunteer native species, (5) the use of the site by wildlife species, (6) the presence of invasive weed species, and (7) significant drought stress. Fixed photo - documentation stations will be established so that site progress can be compared visually on an annual basis. The report will also include a discussion of recommended remedial measures that facilitate successful site establishment and compliance with established performance standards, as summarized in Table 11. R:\Projects\BLC\3BLC000101\HMMP\Oak Tree\Oak Tree Mit Plan- 110920.docx 23 Oak Tree Habitat Mitigation and Monitoring Program Tesoro del Valle Residential Development Project, Phases B and C TABLE 11 SITE REMEDIAL PROCEDURES Performance Standard Non -Compliance Remedial Measure Additional planting of tree species. If tree damage/mortality is determined Minimum 100 percent survival of to be caused by deer or rabbits, metal tree species within the mitigation Less than 100 percent survival at protective cages can be placed around sites at the end of five years at the the end of the mitigation program the trees. mitigation sites. If damage/mortality is caused by below - ground herbivory (e.g., gophers), root cages can be installed with new plantings Native species coverage in the understory (excluding tree cover) Less than 40% native understory Additional seeding of native understory should be a minimum of 50% at coverage at the end of the species as determined by the Biological the end of 5 years at the mitigation mitigation program. Monitor. sites Non-native plant species (not including grass species) should Non-native plant coverage in Additional weed -removal effort by the cover less than 20 /o of the excess of the performance Landscape Contractor. Need for mitigation sites by the end of the standard. herbicide use to be determined by the first year and less than 10% each Biological Monitor. successive year. R:\Projects\BLC\3BLC000101\HMMP\Oak Tree\Oak Tree Mit Plan-110920.docx 24 Oak Tree Habitat Mitigation and Monitoring Program Tesoro del Valle Residential Development Project, Phases 8 and C 7.0 FINAL PROGRAM APPROVAL When the performance standards described in Section 6.1 have been met within the mitigation sites, the Biological Monitor will submit a final annual status report to the Project Applicant, LACDRP, and CDFW. Included with the final report will be written notification that the mitigation program is complete and ready for resource agency signoff. 7.1 FINAL AGENCY APPROVAL The final annual status report for each mitigation site will be forwarded to the Project Applicant, the LACDRP, and the CDFW. The Biological Monitor and the Project Applicant will meet at the mitigation site with representatives from the LACDRP and the CDFW to verify success in meeting established performance standards. Once mitigation program success has been determined, final approval letters from the LACDRP and the CDFW will be provided to the Project Applicant to serve as an official mitigation program sign -off. R:\Projects\BLC\3BLC000101\HMMP\Oak Tree\Oak Tree Mit Plan- 110920.docx 25 Oak Tree Habitat Mitigation and Monitoring Program Tesoro del Valle Residential Development Project, Phases 8 and C 8.0 LONG-TERM SITE MANAGEMENT As a part of the mitigation program, long-term management of the mitigation sites will be transferred to the LTMEs. This section describes the ownership and long-term management of the mitigation sites. 8.1 MITIGATION SITE OWNERSHIP The mitigation sites will be transferred in fee to the City of Santa Clarita and the TLC under the terms of the OSMMAs. The LACDRP will be named as an enforcing party in the OSMMAs, until the open space areas are annexed by the City of Santa Clarita. The open space areas to the west, north, and east of the development area that contain the Los Angeles County Oak Tree Mitigation Site will be transferred in fee to the City of Santa Clarita. The Phase D Conservation Area will be transferred in fee to the TLC subject to a CE in favor of the MRCA. The off -site Phase D Conservation Area contains the CDFW Oak Tree Mitigation Site. The CE will be based on the approved CDFW template and the terms of the CE will be enforceable by CDFW and LACDRP. The terms of each OSMMA and CE will allow right -of -entry to the Project Applicant to perform mitigation activities described herein. 8.2 LONG-TERM SITE MANAGEMENT The City of Santa Clarita will serve as the LTME for the open space areas that contain the Los Angeles County Oak Tree Mitigation Site. The TLC will serve as the LTME for the Phase D Conservation Area (which contains the CDFW Oak Tree Mitigation Site), though the MRCA will be the easement holder for this area. As required by current CDFW policy, the TLC is required to apply for approval as a CDFW land manager. Should the TLC not be approved By CDFW and an alternative LTME becomes necessary, BLC Tesoro will enter into an agreement with a land manager that is already approved by CDFW. As the LTMEs, the City of Santa Clarita and the TLC will be responsible for preparing Long -Term Management Plans (LTMPs) for all areas to be preserved. A separate LTMP will be prepared by each LTME. The LTMPs will describe activities such as non-native plant control, supplemental native seed mix application, trash removal, repair and maintenance of any protective fencing or signage that is erected, and public outreach to ensure compliance with the rules of the open space areas. Land management activities will be performed on a permanent basis. The LTMPs must be approved by the LACDRP Biologist and the CDFW (Phase D Conservation Area only). 8.3 FUNDING MECHANISM A funding mechanism is required to ensure that sufficient funds are available to the LTMEs for the ongoing management and protection of the mitigation site. Funding for the open space areas that contain the Los Angeles County Oak Tree Mitigation Site (to be managed by the City of Santa Clarita) will be provided by one or more of the following sources, which may include: (1) parcel taxes paid to the City of Santa Clarita's Open Space Preservation District (after the project area is annexed to the City); (2) a new Community Facilities District for maintenance purposes to be formed in the project area; or (3) establishment of a R:\Projects\BLC\3BLC000101\HMMP\Oak Tree\Oak Tree Mit Plan- 110920.docx 26 Oak Tree Habitat Mitigation and Monitoring Program Tesoro del Valle Residential Development Project, Phases 8 and C Lighting and Landscape Maintenance District (after the project area is annexed to the City of Santa Clarita). Funding for the Phase D Conservation Area that contains the CDFW Oak Tree Mitigation Site (to be managed by the TLC) will be provided by one or more of the following sources: (1) State and federal grants secured by the TLC; or (2) a new Community Facilities District for maintenance purposes to be formed in the project area. 8.4 COORDINATION WITH CDFW AND OTHER PERMITTING AGENCIES All proposed CEs and LTMPs, together with a description of proposed endowment and other funding arrangements, shall be submitted to the LACDRP for review and comment prior to the recording of the first final map. The LACDRP acknowledges that the final form of these documents is subject to the review and approval of the CDFW and other permitting agencies, and that the documents and proposed funding arrangements are therefore subject to change. The Project Applicant shall keep the LACDRP informed of any modifications requested by the permitting agencies. R:\Projects\BLC\3BLC000101\HMMP\Oak Tree\Oak Tree Mit Plan- 110920.docx 27 Oak Tree Habitat Mitigation and Monitoring Program Tesoro del Valle Residential Development Project, Phases 8 and C 9.0 REFERENCES Los Angeles County Oak Woodlands Habitat Conservation Strategic Alliance (LACOWHCSA). 2011 (May). Los Angeles County Oak Woodlands Conservation Management Plan. Los Angeles, CA: the LACOWHCSA. Psomas. 2018. Draft Supplemental Environmental Impact Report for Tesoro del Valle (Phases A, B, C) Project, County of Los Angeles Project No. 92074-(5), SCH 2O16101032, VTTM TR51644-1. 2017 (March). Oak Tree Survey Report, Tesoro del Valle Phases B and C, Revised VTTM 51644-1, Los Angeles County, California. Technical report prepared for BLC TESORO LLC. Pasadena CA: Psomas. R:\Projects\BLC\3BLC000101\HMMP\Oak Tree\Oak Tree Mit Plan- 110920.docx 28 Oak Tree Habitat Mitigation and Monitoring Program Mariposa Lily Habitat Mitigation and Monitoring Program Tesoro del Valle Phases B and C Revised VTTM 51644-1 Los Angeles County, California EIR Mitigation Measure B10-3 Prepared for BLC TESORO LLC 100 Bayview Circle, Suite 240 Newport Beach, California 92660 Contact: Michael Schlesinger T: (949) 945-2290 Prepared by Psomas 225 South Lake Avenue, Suite 1000 Pasadena, California 91101 Contact: David Hughes Certified Ecological Restoration Practitioner #243 T: (626) 351-2000 November 9, 2020 Tesoro del Valle Residential Development Project, Phases 8 and C TABLE OF CONTENTS Section Page 1.0 Introduction.....................................................................................................................1 1.1 Project Location.....................................................................................................2 1.2 Project Description................................................................................................2 1.3 Project Impacts......................................................................................................3 2.0 Target Plant Species Characteristics............................................................................4 3.0 Mitigation Summary........................................................................................................5 3.1 Responsible Parties..............................................................................................5 3.1.1 Project Applicant........................................................................................ 5 3.1.2 Project Biologist......................................................................................... 6 3.1.3 Landscape Contractor...............................................................................6 3.1.4 Long -Term Management Entities.............................................................. 7 3.1.5 CEQA Mitigation Compliance.................................................................... 7 3.2 Mitigation Site Location.........................................................................................7 4.0 Initial Installation Activities............................................................................................9 4.1 Seed Collection.....................................................................................................9 4.2 Weed Control........................................................................................................9 4.3 Seed Application...................................................................................................9 4.4 As -Built Conditions..............................................................................................10 5.0 Long -Term Site Maintenance (Five Years)..................................................................11 5.1 Weed Control......................................................................................................11 5.2 Native Plant Protection........................................................................................11 5.3 Site Protection.....................................................................................................11 5.4 Trash Removal....................................................................................................12 5.5 Pest Control.........................................................................................................12 6.0 Biological Monitoring Guidelines................................................................................13 6.1 Performance Standards and Data Collection......................................................13 6.2 Initial Implementation Monitoring.........................................................................13 6.3 Five -Year Monitoring Program............................................................................14 6.4 Site Status Documentation..................................................................................15 6.4.1 Installation Summary ............................................................................... 15 6.4.2 Annual Status Reports............................................................................. 15 7.0 Completion of Mitigation Program..............................................................................16 7.1 Notification of Completion...................................................................................16 R:\Projects\BLC\3BLC000101\HMMP\Mariposa Lilies\HMMP_Mariposa Lilies-110920.do i Table of Contents Tesoro del Valle Residential Development Project, Phases 8 and C 7.2 Agency Confirmation...........................................................................................16 8.0 Long -Term Site Management.......................................................................................17 8.1 Mitigation Site Ownership....................................................................................17 8.2 Long -Term Site Management..............................................................................17 8.3 Funding For Site Management............................................................................17 9.0 References.....................................................................................................................19 TABLES Table Page 1 Responsible Parties..........................................................................................................6 2 Five -Year Maintenance Program Schedule....................................................................12 3 Performance Standards Mariposa Lily Enhancement Area............................................13 4 Five -Year Site Monitoring Schedule................................................................................14 EXHIBITS Exhibit Follows Page 1 Local Vicinity.....................................................................................................................2 2 Project Location................................................................................................................2 3 Mariposa Lily Mitigation Areas..........................................................................................5 ATTACHMENTS Attachment A Slender/Club-Haired Mariposa Lily Occurrence Information R:\Projects\BLC\3BLC000101\HMMP\Mariposa Lilies\HMMP_Mariposa Lilies-110920.do II Table of Contents Tesoro del Valle Residential Development Project, Phases 8 and C 1.0 INTRODUCTION The Mariposa Lily Habitat Mitigation and Monitoring Program (HMMP) described herein provides requirements and guidelines for the enhancement and expansion of existing populations of slender mariposa lily (Calochortus clavatus var. gracilis) and club -haired mariposa lily (Calochortus clavatus var. clavatus) on the Tesoro del Valle property in northern Los Angeles County, California. The proposed mitigation activities are intended to compensate for impacts to these special status plant species as discussed in Mitigation Measure (MM) Bio-3 in the Final Supplemental Environmental Impact Report ("FSEIR", Psomas 2018) for the Tesoro del Valle Phase B and C Residential Development Project. The HMMP is provided for review by the Los Angeles County Department of Regional Planning (LACDRP). Please note that if any discrepancies occur between the requirements of MM Bio-3 and this HMMP regarding impact and mitigation quantities then what is described in the HMMP will supersede the MM upon approval of this document. Specifically, MM Bio-3 requires the following items to be addressed in the HMMP: The Project Biologist shall monitor the existing lily locations every two weeks to determine when the seeds are ready for collection. When the seeds are ripe, a qualified Seed Collector shall collect all the seeds from the plants to be impacted. The seeds shall be cleaned and stored by a qualified nursery or another institution with appropriate storage facilities. Seed or bulbs that are collected but not utilized for this mitigation program shall be donated to the Rancho Santa Ana Botanic Garden or other similar educational/conservation organization to be approved by the LACDRP (Section 4.1). Mitigation shall consist of a combination of (1) enhancing existing mariposa lily populations via non-native vegetation control and (2) applying collected seed into dedicated open space areas on the project site that are suitable for mariposa lily establishment. Collected seed shall be installed in areas that do not currently contain mariposa lilies but are suitable for the establishment of the species. These areas generally consist of ridgelines or other areas of naturally low to moderate native plant cover, rocky soils, and low prevalence of non-native plants, especially non-native grasses. Seed will be applied so that the germination and maturation of the seeds can be documented. An experimental approach will be utilized so that seed is applied in at least ten areas that will be mapped using a GPS device and marked on the ground using flagging or staking for ongoing monitoring. The following information will be recorded at each seed application site in order to correlate seeding success with site conditions: (1) slope gradient; (2) slope aspect; (3) existing associated species; (4) percent coverage of grass and shrub species; and (5) percent coverage of leaf litter. Percent germination of seed at each location will be recorded along with percentage of germinated seed that develop into flowering plants (Section 4.3). • The lily mitigation site shall be prepared for seeding (Section 4.3) • The HMMP shall include detailed descriptions of maintenance appropriate for the site, monitoring requirements, and annual report requirements. The Project Biologist shall have the full authority to suspend any operation in the mitigation site which is, in the Biologist's opinion, not consistent with the HMMP (Sections 4 through 7). • Performance standards shall be developed in the HMMP and approved by the LACDRP based on percent cover of non-native plant species in enhancement areas. Seed germination rates will not be a performance criterion but will be studied to determine the efficacy of seed installation to inform future mariposa lily mitigation programs (Section 6.1). • Site enhancement and monitoring activities shall be performed for a minimum of five years. If the project is not in compliance with the third -year success criteria associated with the R:\Projects\BLC\3BLC000101\HMMP\Mariposa Lilies\HMMP_Mariposa Lilies-110920.docx 1 Mariposa Lily Habitat Mitigation and Monitoring Plan Tesoro del Valle Residential Development Project, Phases 8 and C mitigation program, the monitoring and maintenance period will be extended for up to five additional years. The length of the additional monitoring period will be determined through consultation with the LACDRP Biologist and will be dependent on how close the project is to meeting the third -year success criteria and the type of remedial activities that are recommended by the Project Biologist. Results of the seed germination study will be included as part of annual reporting requirements associated with this mariposa lily enhancement program. Annual reports shall be provided to the LACDRP Biologist and the Special Ecological Area Technical Advisory Committee to inform future mitigation activities concerning the species (Section 6). If necessary, the HMMP shall include specifications on fencing to protect biological resources and restrict human access. Signage specifications shall also be developed to prevent trespassing into mariposa lily areas (Section 5.3). The HMMP shall identify an appropriate entity to manage any open space areas utilized for mitigation purposes. A long-term management plan shall also be developed which will be implemented by the long-term management entity. Potential land management entities include the Mountains Recreation and Conservation Authority; the Tesoro del Valle Homeowners Association; the Nature Conservancy, the City of Santa Clarita, or the County of Los Angeles. Any other management entities that may be identified would be subject to approval by the LACDRP. The County of Los Angeles shall be named as an enforcing party on any conservation easement or land dedication agreement to ensure compliance with any restrictions or required land management actions associated with the open space areas (Section 8). The goals of the mitigation plan are to (1) list the parties responsible for the implementation, maintenance, and monitoring of the mitigation program; (2) describe various mitigation strategies to offset project impacts; (3) identify locations where mitigation activities will occur; (4) describe site preparation and implementation activities; (5) determine a schedule of mitigation implementation and monitoring activities; (6) describe necessary maintenance responsibilities for the life of the project; (7) describe monitoring methods to be implemented by the Biological Monitor; (8) list appropriate performance standards that will determine project success; and (9) describe long-term preservation requirements for the sites described herein. 1.1 PROJECT LOCATION The Tesoro del Valle Residential Development Project site (project site) is located in an unincorporated portion of Los Angeles County, just north of the City of Santa Clarita (Exhibit 1). The approximate 1,275-acre project site is located directly south of the Angeles National Forest's Saugus Ranger District, north of Copper Hill Drive and west of San Francisquito Canyon Road. The northeastern corner of the project site covers a portion of San Francisquito Canyon, which has been designated as Significant Ecological Area (SEA) No. 20 by the County of Los Angeles. The project site is also located immediately north of the Phase A development portion of the Tesoro del Valle project (Exhibit 2). The Angeles National Forest lies north of the project site and Castaic Lake is located approximately two miles to the northwest. 1.2 PROJECT DESCRIPTION The proposed project involves the buildout of Phases B and C of the Tesoro del Valle Project site. The project's grading footprint impacts approximately 397 acres on which 820 homes would be created, consisting of 455 single-family detached homes and 365 age -qualified senior homes. Additionally, the project consists of the development of private parks and recreation areas; public and private trails; public and private open space; public and private roadways; and utility infrastructure. R:\Projects\BLC\3BLC000101\HMMP\Mariposa Lilies\HMMP_Mariposa Lilies-110920.do 2 Mariposa Lily Habitat Mitigation and Monitoring Plan 11 QProject Boundary Castaic Lake Castaic Lagoon Castaic Sp orts Complex M Hasley Canyon Park Live Oak Elementary School C7 3 "co O/o � Rd 126 Six Flags Magic Mountain Local Vicinity Castaic Lake State Rec Area IN yramid Lake Castaic Lake Project Lake. Location Piru 14 Sant © a R\ver Cara Santa Clarita Simi Valley 11 ! l l ry �tLi o Park/ Clam _ — fYi -C- -':. Park Valencia i Santa Claida High rtr r` Elem School - Saugus School �'^(.. r-i - Arroyo Seco Junior High School U - High School d R '9 Northbridge 0(1 L� Park - �� Charles Helmers ' 0�0 �s�o c Elem School '`��\ BOUQuet Ga h �q. Emblem - F Elementary School Bouquet Exhibit 1 Mariposa Lily Mitigation and Monitoring Plan, Tesoro del Valle, Phases B and C Project N 1 0.5 0 1 s Miles (Rev: 12-11-2019 RM B) R:\Projects\BLC\3BLC000101\Graphics\HMMP\Mariposa_Lilyex_LV.pdf rQ �- o d , ary Grat\`e G 01 x Qua// Tr/ 1 Phase C k Y- "fit Ga , a T.I t fir Phase B ' � o LowR�a " JONE eProject Impact Boundary Phase A ,-. E7 Fuel � =r1'\eryf Modification Limits a0�` CO -e HillD1. r Phase :. W o a� Significant Ecological Area No. 20 Project Location Exhibit 2 Mariposa Lily Mitigation and Monitoring Plan, Tesoro del Valle, Phases 8 and C Project N w V E 2,000 1,000 0 2,000 s Feet (Rev: 10/20/2020 RMB) R:\Projects\BLC\3BLC000101\Graphics\HMMP\Mariposa_Lilyfez_ProjedLocation.pdf Tesoro del Valle Residential Development Project, Phases 8 and C 1.3 PROJECT IMPACTS Special status botanical surveys that were conducted on the project site in 2016, 2011 and 2005 consistently identified four special status plant species on the project site: slender mariposa lily, club -haired mariposa lily, Palmer's grapplinghook (Harpagonella palmeri), and Peirson's morning- glory (Calystegia peirsoniil). Palmer's grappinghook and Peirson's morning-glory were never identified within the project development area and no mitigation is required with respect to these species. Slender mariposa lilies and club -haired mariposa lilies were observed in each of the three botanical surveys. The quantity of lilies that were documented varied in these surveys, though the overall distribution of plants was consistent. During focused botanical surveys in 2016, a total of 93 occurrences (groups) of mariposa lilies were documented; several occurrences contained a single lily plant, while 150 lily plants was the largest number observed in a single location. Of the 93 total occurrences (groups) of slender mariposa lily observed in 2016, approximately 38 occurrences (about 41 percent) are within the project's impact boundary. In terms of the total number of plants, 1,165 plants were observed to occur on the property with approximately 705 plants (60 percent) occurring within the project development footprint. Mariposa lilies occur throughout the portions of the property that will be preserved as natural open space. Therefore, suitable conditions for establishment of the subject species are present throughout these open space areas. R:\Projects\BLC\3BLC000101\HMMP\Mariposa Lilies\HMMP_Mariposa Lilies-110920.do 3 Mariposa Lily Habitat Mitigation and Monitoring Plan Tesoro del Valle Residential Development Project, Phases 8 and C 2.0 TARGET PLANT SPECIES CHARACTERISTICS Club -haired mariposa lily and slender mariposa lily are perennial herbs in the lily family (Liliaceae) and Calochortus genus, consisting of 50 species and/or subspecies that are native to California. Both plants are varieties of the same species and are known to hybridize with each other. The club -haired mariposa lily is more widely distributed and more common within its range than the slender mariposa lily. Both species occur on dry, open slopes usually in heavy clay soils that are often serpentine derived, and generally bloom between April and July (Fiedler 1996). The club -haired mariposa lily and slender mariposa lily are very similar in their appearance and reproductive characteristics. Both species have flowers that consist of three petals and three petal -like sepals arranged in a tulip -shaped blossom (Baldwin et al. 2012). The petals are solid yellow and generally reddish -brown near the base. Club -shaped hairs typically cover the inner face of the petals near the nectary on the club -haired mariposa lily. Slender mariposa lilies produce one to six deep yellow blossoms on slender stems approximately eight to twelve inches long, while club -haired mariposa lily blossoms are found on stems that are approximately 20 to 40 inches long (Baldwin et al. 2012, Munz 1974). A single linear, basal leaf, three to seven inches long, withers before these plants produce flowers. Both plants have fibrous -coated bulb -like nutrient storage structures that are typically situated at a depth of four to eight inches below the soil surface. Mariposa lilies typically reproduce from seed and are not known to produce "bulblets," or vegetative reproductive structures derived from the parent plant. The seeds are generally flat and yellow in color and are borne in long linear fruits (capsules), two to four inches long, held erect on the stems. The angled capsules may persist on the plant for several weeks following seed maturation before the capsules "dehisce," or burst open and release their seed. Seed formation and dispersal occurs in mid- to late -summer, as the plant stems desiccate (dry out) and the plants enter dormancy until the fall. Club -haired mariposa lilies are known to occur in Los Angeles, Ventura, Santa Barbara, San Benito, and San Luis Obispo counties. Sightings in Los Angeles County have been reported in several areas ranging from the West Fork of the San Gabriel River to various locations within the Santa Clara River watershed near Santa Clarita (CDFW 2019). Slender mariposa lilies are restricted to Los Angeles County and are known to occur in Evey Canyon, the west and north fork of the San Gabriel River, San Francisquito Canyon, Mint Canyon, Pico Canyon, and the confluence of Bee and Soledad Canyons in Los Angeles County (CDFW 2019). R:\Projects\BLC\3BLC000101\HMMP\Mariposa Lilies\HMMP_Mariposa Lilies-110920.do 4 Mariposa Lily Habitat Mitigation and Monitoring Plan Tesoro del Valle Residential Development Project, Phases 8 and C 3.0 MITIGATION SUMMARY The primary strategy to mitigate the loss of mariposa lily habitat is to enhance habitat conditions for the remaining mariposa lily populations. These populations will be enhanced through the control of non-native grass and herbaceous species that are competing with the lilies for space and water. Secondarily, the mitigation program also seeks to investigate the efficacy of establishing mariposa lilies through directly sowing seed and testing variables that may affect the germination and establishment of these species. Recent studies have shown that invasions of exotic plant species are correlated with diminished species richness in native species (Gaertner et al. 2009) and that removal of non-native grass species has resulted in improved germination and fertility of southern California herbaceous species (Gillespie and Allen 2004). Many of the locations where mariposa lilies have been documented in previous botanical surveys are associated with sage scrub communities that contain non-native annual grasses as a co -dominant component. These areas are described herein as the "enhancement area". This enhancement strategy is expected to provide improved conditions for the long-term germination and fecundity of mariposa lily species on the Tesoro del Valle property. Investigating seed application as a method of mariposa lily establishment was selected as an aspect of this mitigation program because previous communication with the California Department of Fish and Wildlife indicated that while other transplantation efforts for mariposa lilies have been undertaken, these efforts have been hampered by a lack of long-term monitoring so that scientific evidence of successful or establishment strategies is limited. The mitigation strategy proposed herein is designed to test the impact of different variables that are expected to influence mariposa lily germination and maturation. The monitoring and reporting requirements described in this plan will provide evidence of the benefits of various seeding strategies. Locations where seeding will take place are described herein as the "establishment area". The enhancement and establishment areas are shown on Exhibit 3. Exhibit 3 also shows the various locations where mariposa lilies have been documented from previous focused botanical surveys on the project site. The numbers shown for these mariposa lily populations reference specific information on these areas that is included in Attachment A. Impacts to mariposa lilies were considered significant under the California Environmental Quality Act through the preparation of the project's FSEIR. Implementation of MM Bio-3, which requires preparation of this HMMP, is designed to mitigate project impacts to these special status plants. 3.1 RESPONSIBLE PARTIES The Project Applicant and Project Biologist responsible for implementing the mitigation and monitoring program, and key individuals responsible for its approval are listed below in Table 1. Specific responsibilities and qualifications of each responsible party are described below. 3.1.1 Project Applicant The Project Applicant (BLC Tesoro LLC) will be responsible for obtaining (1) a qualified Project Biologist to monitor initial implementation activities, long-term maintenance, and the status of enhanced areas and (2) a qualified Landscape Contractor to perform weed control activities and general site maintenance in the enhancement areas. The Project Applicant will ultimately be responsible for successfully implementing the program described herein. R:\Projects\BLC\3BLC000101\HMMP\Mariposa Lilies\HMMP_Mariposa Lilies-110920.do 5 Mariposa Lily Habitat Mitigation and Monitoring Plan 1 1 0ea Mariposa lily contingency I 0 establishment area I (NO O/W @00 , City of .� /YX3 i ow i Santa Clarita 06. 1 Open Space Area s a3 �� 0 - [0 O m 1 n! MO [II 0 O O O "Y IM M �a Mariposa lily 0 0 1 tenhancementarea I r 0@3 — —1 W Mariposa lily 1 c , 1 I establishment area Wz ED �" 1 - I SM ,yw. 'r- IDD8 ro i ca r 0-0 CA 0 � 1 fl %0 � F'—0------ -----I �I 0City of a!r Santa Claritar',� Open Space Area t 1 O1 0 I 80 `♦ 1 0 O / I Homeowners Association 1 I Open Space Are -411kr - r I Homeowners V ` r r _ Association Open Space Area — %,% Mariposa Lily Mitigation Areas Mariposa Lily Mitigation and Monitoring Plan, Tesoro del Valle, Phases B and C Project 1,400 700 0 1,400 Feet Exhibit 3 M Tesoro del Valle Residential Development Project, Phases B and C TABLE 1 RESPONSIBLE PARTIES Responsible Parties Task/Role Entity/Company Contact Address Phone Number 100 Bayview Circle, Project Applicant BLC Tesoro LLC Michael Schlesinger Suite 240 (949) 945-2290 Newport Beach, CA 92660 225 South Lake Avenue, Project Biologist Psomas David Hughes Suite 1000 (626) 351-2000 Pasadena, CA 91107 Landscape TBD TBD TBD TBD Contractor 23920 Valencia Boulevard City of Santa Clarita Janine Prado Suite 300 (661) 255-4978 Long -Term Santa Clarita, CA 91355 Management Entities Tesoro del Valle 25115 West Avenue Master Homeowners Shauna Gatlin Stanford (661) 294-5270 Association Valencia, CA 91354 CEQA Mitigation Los Angeles County 320 West Temple Street Compliance Department of Joe Decruyenaere 13 Floor (213) 974-6461 Regional Planning Los Angeles, CA 90012 TBD: To be determined 3.1.2 Project Biologist The Project Applicant will retain a Project Biologist that is experienced in (1) native plant species identification and protection; (2) non-native plant species control and management; and (3) habitat restoration implementation. The Project Biologist will (1) monitor invasive weed species eradication, site -preparation activities, and native seed mix application; (2) coordinate with the Landscape Contractor and the Project Applicant regarding implementation activities and site status; and (3) attend any meetings on the project site during all implementation procedures. The Project Biologist will be responsible for directing the Landscape Contractor, and any resource specialists required during plan implementation to ensure compliance with project requirements and successful enhancement of mariposa lily resources. In all instances, the Project Biologist will consult with and obtain approval from the Project Applicant and the LACDRP (as necessary) concerning implementation plan revisions and will notify the Project Applicant prior to the initiation of any and all stages of plan implementation. 3.1.3 Landscape Contractor The Project Applicant will be responsible for retaining a licensed Landscape Contractor with demonstrated experience in the successful implementation and maintenance of native habitat restoration areas. The Landscape Contractor will be experienced in (1) identification of native and non-native plant species that are common to northern Los Angeles County and (2) non-native plant species control and management in natural habitat areas. The Landscape Contractor will be responsible for the performance of all invasive weed species eradication procedures and any other site maintenance activities deemed necessary by the Project Biologist. R:\Projects\BLC\3BLC000101\HMMP\Mariposa Lilies\HMMP_Mariposa Lilies-110920.do 6 Mariposa Lily Habitat Mitigation and Monitoring Plan Tesoro del Valle Residential Development Project, Phases 8 and C 3.1.4 Long -Term Management Entities The City of Santa Clarita (City) will be responsible for maintaining the open space areas that contain the mariposa lily establishment and enhancement areas as a Long -Term Management Entity (LTME). The fee title of the open space areas will be transferred to the City and the terms of the ongoing open space management will be described in an Open Space Management and Maintenance Agreement (OSMMA) between the City and BLC Tesoro LLC to ensure that the habitat qualities are maintained in perpetuity. Upon completion of the mitigation program (documented by LACDRP sign -off when the performance standards are achieved), the mariposa lily establishment and enhancement areas will be maintained in the same manner as the rest of the open space. While the mariposa lily establishment and enhancement areas are within open space areas that will be transferred to the City, the Tesoro del Valle Master Homeowners Association (HOA) will be the LTME for three separate areas that are generally surrounded by developed areas. One of these open space areas contains two populations of mariposa lilies that were identified during botanical surveys in 2016 (populations 69 and 70 as shown in Exhibit 3), containing a total of 48 mariposa lily plants. The HOA will be responsible for managing the open space so that the habitat qualities, including the mariposa lily plants, are maintained in perpetuity per the terms of the OSMMA between the HOA and BLC Tesoro LLC. 3.1.5 CEQA Mitigation Compliance The Los Angeles County Department of Regional Planning (LACDRP) will be responsible for reviewing annual monitoring reports provided by the Project Biologist to confirm the mitigation program is on schedule to achieve required performance standards. Once the mitigation program has achieved the final performance standards, the LACDRP will be responsible for coordinating with the Project Applicant and the Project Biologist to confirm the successful completion of the program and to provide written confirmation that will release the Project Applicant from further maintenance and monitoring responsibilities. The County of Los Angeles will have regulatory authority over the Tesoro del Valle project area, including the open space areas that contain the mariposa lily establishment and enhancement areas, until the project area has been annexed to the City of Santa Clarita (expected November 2021). The County of Los Angeles will be a third -party beneficiary of the OSMMA until the project area is annexed to the City of Santa Clarita, at which point the County's third -party beneficiary status will end, including the enforcement duties of open space management requirements of the OSMMA. 3.2 MITIGATION SITE LOCATION The proposed enhancement area consists of an approximate 100-acre area in a designated open space area north of the project development footprint. This site was chosen because it represents an area that supports most of the mariposa lilies that occur on the project's open space lots and because the lilies are found within sage scrub habitat that also contains significant coverage of non-native grasses. Control of these non-native grasses are expected to improve germination and fecundity of mariposa lilies in this area. The proposed establishment area occurs on an east -facing slope in a designated open space area, north of the project development footprint. This area was selected because it is characterized by similar slope and vegetation conditions that support mariposa lilies on other portions of the property. It contains Saugus loam soils that are common throughout the property in areas that support mariposa lilies. The establishment area was also chosen because mariposa lilies were not observed in previous botanical surveys; therefore, proposed mitigation activities in R:\Projects\BLC\3BLC000101\HMMP\Mariposa Lilies\HMMP_Mariposa Lilies-110920.docx 7 Mariposa Lily Habitat Mitigation and Monitoring Plan Tesoro del Valle Residential Development Project, Phases 8 and C the establishment area will not negatively affect any naturally occurring lily populations. Approximately 20 quadrats, each measuring 1 square meter, will be placed in the establishment area to monitor germination and maturation of lily species. R:\Projects\BLC\3BLC000101\HMMP\Mariposa LiliesWMMP_Mariposa Lilies-110920.d— 8 Mariposa Lily Habitat Mitigation and Monitoring Plan Tesoro del Valle Residential Development Project, Phases 8 and C 4.0 INITIAL INSTALLATION ACTIVITIES This section discusses the initial mitigation implementation activities in the mariposa lily enhancement and establishment areas. Specifications are provided for seed collection, initial weed control, seed application procedures, and documentation of the implementation activities. 4.1 SEED COLLECTION Seed will be collected by the Project Biologist or another qualified Seed Collector from mariposa lily plants that occur within the project development area. The Project Biologist will survey areas within the development footprint to identify occurrences of mariposa lilies and mark these occurrences with colored pin flags so that these plants can be found after the blooming period. The Project Biologist will monitor the status of seed production/maturation of flagged mariposa lilies so that seed collection activities take place when seeds are mature but before they dehisce and release their seeds. Collected seed will be stored in a dark, cool place and will not be allowed to become damp. It is envisioned that collected seeds will be installed in the establishment area within three months of collection. If seeds are to be stored for a longer period than three months, the seeds will be transferred to a qualified seed storage facility. Unused seed will be offered to the Rancho Santa Ana Botanic Garden for use in plant propagation or research activities. 4.2 WEED CONTROL Weed control will be performed in both the enhancement area and the establishment area. The objective of weed control in the enhancement area is to remove seed heads of non-native grasses before they mature to prevent ongoing seeding of the area with undesirable species. This will be accomplished by cutting above -ground growth of non-native grass species without disturbing the ground surface which would encourage additional weed establishment. Annual grass trimming will occur in the winter months while mariposa lily growth is restricted to a basal leaf that grows prostrate along the ground. Basal leaves that may be growing in an upward direction due to dense weed growth will be avoided per the methods described in Section 5.1. Additional trimming will occur in the late spring and early summer to remove seed heads before seeds mature to the height of 12 inches which is the approximate height of mature mariposa lilies. Weed control in the establishment area will consist of removing non-native species from seed installation quadrats so that non-native species do not outcompete mariposa lily seedlings for environmental resources (e.g., water, light, and nutrients). Weed control will generally consist of cutting grasses with a weed whacker and hand -pulling any non-native herbaceous species. Additional specifics on weed control methods are provided in Section 5.1 4.3 SEED APPLICATION Seed will be applied in various portions of the lily establishment area in one -square -meter quadrats. A total of 20 quadrats will be established and 100 seeds will be installed in each. The seeds will be installed under different conditions to determine which of these variables may affect seed germination and maturation. The variables to be investigated include depth of seed placement and the presence of a mulch layer. Seed will be installed according to the following methods: • Seeds installed to a depth of 6 centimeters (cm) without a mulch layer (5 quadrats) • Seeds installed to a depth of 6 cm with a 2 cm mulch layer (5 quadrats) • Seeds applied just under the soil surface without a mulch layer (5 quadrats) R:\Projects\BLC\3BLC000101\HMMP\Mariposa Lilies\HMMP_Mariposa Lilies-110920.docx 9 Mariposa Lily Habitat Mitigation and Monitoring Plan Tesoro del Valle Residential Development Project, Phases 8 and C • Seeds applied just under the soil surface with a 2 cm mulch layer (5 quadrats) Seed will be applied at the beginning of the seasonal rainy period (November -December) to generally mimic the natural phenology of the species. Additional information to be collected for each seed installation quadrat include: (1) slope gradient; (2) slope aspect; (3) existing associated species; (4) percent coverage of surrounding native species; and (5) percent coverage of leaf litter. 4.4 AS -BUILT CONDITIONS At the completion of the initial installation activities described above, the Project Biologist will submit documentation to the Project Applicant and the LACDRP that summarizes installation initiation and completion dates, and site preparation activities. Also included will be site map and photos of the various enhancement and establishment areas. All site photo locations will have a fixed location and bearing, so that photos can be compared each year to provide visual evidence of mitigation program progress. R:\Projects\BLC\3BLC000101\HMMP\Mariposa Lilies\HMMP_Mariposa Lilies-110920.do 10 Mariposa Lily Habitat Mitigation and Monitoring Plan Tesoro del Valle Residential Development Project, Phases 8 and C 5.0 LONG-TERM SITE MAINTENANCE (FIVE YEARS) Maintenance in the enhancement areas will begin after grading has been completed, while maintenance activities in the establishment area will begin immediately after seeds have been installed. The intent of the maintenance program is to control non-native grass and herbaceous species to improve the germination and fertility of mariposa lilies in the enhancement area and the germination and establishment of mariposa lilies in the establishment area. Weed control, native plant protection, site protection, trash removal, and pest control measures will be conducted during the maintenance period. 5.1 WEED CONTROL In the enhancement area, the Landscape Contractor personnel must be able to distinguish native plant materials from weedy or non-native plants. Before weeding begins, the Project Biologist will provide information to the Landscape Contractor regarding differences in desirable and undesirable plant materials and provide instruction in appropriate methods to control weeds. Annual grass abatement will be accomplished by cutting above -ground growth of non-native grass species without disturbing the ground surface which would encourage additional weed establishment. Annual grass trimming will occur in the winter months (December through March) while mariposa lily growth is restricted to a basal leaf that grows prostrate along the ground. In areas that contain moderate to dense grass or shrub cover, the Biological Monitor will survey these areas prior to weed control activities to identify basal leaves that are growing in an upward direction from the presence of the dense weed cover. Any such basal leaves are to be marked with a pin flag so that Landscape Contractor personnel avoid using mechanized equipment such as string trimmers in these areas. Weeds would be controlled by hand removal around the areas marked with pin flags to avoid accidental damage to basal leaves, which would harm the ability for mariposa lilies to germinate and bloom. Additional trimming will occur in the late spring and early summer to remove seed heads before seeds mature to the height of 12 inches which is the approximate height of mature mariposa lilies. Herbicide use shall occur only in areas where native species (including mariposa lily) will not be affected and only after consulting with the Project Biologist. In the establishment area, weed removal will focus on areas within and immediately around the various one -square -meter quadrats. The Project Biologist will be responsible for weed control in these areas as the maintenance area is much smaller and additional caution is needed to avoid impacts to individual seedlings. 5.2 NATIVE PLANT PROTECTION The Landscape Contractor will be responsible for avoiding impacts to native shrubs and herbaceous species in the enhancement area. Tools such as hand shears should be used in areas where the use of weed whackers would damage adjacent native species. The Project Biologist will provide training and educational materials to the Landscape Contractor so that on - site personnel are able to distinguish between desirable and undesirable species. 5.3 SITE PROTECTION Some mariposa lily populations occur in the immediate vicinity of a trail system that passes through the enhancement area. A fencing plan will be implemented as part of the overall landscape plan, the purpose of which is to keep recreationists on the designated trail system. The Project Biologist will be responsible for monitoring the condition of these populations and if the R:\Projects\BLC\3BLC000101\HMMP\Mariposa Lilies\HMMP_Mariposa Lilies-110920.do.. 11 Mariposa Lily Habitat Mitigation and Monitoring Plan Tesoro del Valle Residential Development Project, Phases 8 and C installed fencing does not keep trail users and pets out of the sensitive resource areas, additional fencing and/or signage will be installed to discourage incursions to these areas. The seed installation sites in the establishment area will be located away from trails and public access areas; therefore, additional fencing is not anticipated to protect these areas. 5.4 TRASH REMOVAL The enhancement and establishment areas will be kept clear of all trash and debris. 5.5 PEST CONTROL Insects, plant disease, herbivores, and other pests will be closely monitored during the maintenance period. The Project Biologist will determine the appropriate actions to control any of these issues. A schedule of maintenance work tasks is provided in Table 2. TABLE 2 FIVE-YEAR MAINTENANCE PROGRAM SCHEDULE Work Tasks Jan Feb I Mar Apr May Jun I Jul Aug I Sep Oct I Nov Dec Erosion Control Weed Control X X X X X X X X Protection Trash Removal Pest Control Symbols: Ongoing Task X as performed one or more times a month. Maintenance task schedule and frequency will be adjusted, as appropriate, depending on site conditions and in coordination with the Project Biologist. R:\Projects\BLC\3BLC000101\HMMP\Mariposa Lilies\HMMP_Mariposa Lilies-110920.do 12 Mariposa Lily Habitat Mitigation and Monitoring Plan Tesoro del Valle Residential Development Project, Phases 8 and C 6.0 BIOLOGICAL MONITORING GUIDELINES The Project Biologist will be responsible for monitoring the enhancement and establishment areas. Monitoring will include (1) monitoring site preparation and long-term maintenance; (2) providing site status documentation; and (3) facilitating the protection of natural resources during initial installation and maintenance activities throughout the mitigation program. The Project Biologist will also be responsible for coordinating with the Project Applicant regarding mitigation site conditions and compliance with project performance standards. 6.1 PERFORMANCE STANDARDS AND DATA COLLECTION The performance goals listed in Table 3 will be met within the enhancement area to determine project success. The goal of the mitigation program is to control non-native grasses and herbs to improve the germination and fertility of existing mariposa lily populations. TABLE 3 PERFORMANCE STANDARDS MARIPOSA LILY ENHANCEMENT AREA Year Non -Native Grass and Herbaceous Species Coverage 1 <15% 2 <10% 3 <5% 4 <5% 5 <5% In addition to the control of non-native species, a principal goal of the mitigation program is to collect data on the performance of mariposa lilies in the enhancement and establishment areas. To measure mariposa lily germination and flowering rates in the enhancement area, three 20-foot X 20-foot permanent quadrats will be marked within the largest mariposa lily populations that were identified during the 2016 botanical surveys (noted as populations 57, 78, and 93 on Exhibit 3). The number of mariposa lily seedlings and flowering individuals will be noted each year in these quadrats to quantify plant activity and determine if increasing rates of germination and flowering will result from weed control activities. In the establishment area, the number of germinating and flowering lily plants will be documented on an annual basis in the various square -meter quadrats where seed will be installed. Germination of plants (evidenced by the presence of a basal leaf) is generally observed in January while flowering occurs in May or June. 6.2 INITIAL IMPLEMENTATION MONITORING Meetings between the Project Applicant, the Project Biologist, and the Landscape Contractor will be conducted, as necessary, prior to and during implementation activities to identify appropriate methods and to resolve any issues that may occur during implementation. The Project Biologist will have the authority to halt or redirect all work in the event of unfavorable site conditions. Site inspections will be performed on an as needed basis during site preparation and seeding, and will include the tasks listed below: • Performing photo -documentation of pre-existing site conditions. R:\Projects\BLC\3BLC000101\HMMP\Mariposa Lilies\HMMP_Mariposa Lilies-110920.do.. 13 Mariposa Lily Habitat Mitigation and Monitoring Plan Tesoro del Valle Residential Development Project, Phases B and C • Identifying non-native species. • Flagging native species to be retained on an as -needed basis. • Monitoring weed -control measures. • Conducting field inspections. • Coordinating (verbally and in writing) with the Project Applicant. 6.3 FIVE-YEAR MONITORING PROGRAM Monitoring will consist of the activities described below. Monthly quantitative surveys will be conducted on an annual basis from January through June to (1) evaluate weed control effectiveness in the enhancement area; (2) count germination/flowering rates in the 20-foot X 20-foot quadrats in the enhancement area; and (3) count germination/flowering rates in the various square -meter quadrats in the establishment area. During the last monthly survey (June) four transects that are 100 feet long will be randomly located in the enhancement area to measure native and non-native plant coverage to determine compliance with the project performance standards. Pre -determined photo -documentation stations will be established in the enhancement area so that photographs of site conditions can be obtained throughout the monitoring program. The Project Biologist will monitor maintenance activities at the mitigation sites to facilitate successful enhancement of mariposa lily resources and will document recorded seasonal rainfall each year. The Project Biologist will meet with the Landscape Contractor, as necessary, during regularly scheduled monitoring visits as specified above to discuss site conditions and recommended remedial measures. Table 4 provides a schedule of long-term site performance monitoring tasks. TABLE 4 FIVE-YEAR SITE MONITORING SCHEDULE Work Tasks Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Site Monitoring Measure Lily Germination/Blooming X X X X X X Measure Native and Non -Native Plant Coverage X Photo-documentationa X X X X X X On -site Meetings (as needed) b X X X X X X Site Status Documentation Annual Status Reports X a Photo -documentation may also occur at any time to record issues or events requiring attention or action needed. b Meetings on the project site will include, as needed, the Project Biologist and any other appropriate parties, and will occur, as necessary, during regularly scheduled site monitoring visits. R:\Projects\BLC\3BLC000101\HMMP\Mariposa Lilies\HMMP_Mariposa Lilies-110920.do 14 Mariposa Lily Habitat Mitigation and Monitoring Plan Tesoro del Valle Residential Development Project, Phases 8 and C 6.4 SITE STATUS DOCUMENTATION 6.4.1 Installation Summary The Project Biologist will submit a Letter Report summarizing initial activities to the Project Applicant which will mark the beginning of the five-year maintenance and monitoring period. The report will document the locations of the square -meter quadrats in the establishment area and the 20-foot X 20-foot quadrats in the enhancement area. Photos that document site conditions will be included. 6.4.2 Annual Status Reports Annual reports that summarize the progress of the enhancement and establishment areas will be forwarded by the Project Biologist to the Project Applicant and the LACDRP at the end of each year following implementation. Each annual report will document (1) compliance/non-compliance with required performance standards; and (2) data on the germination and flowering rates that were observed during the year. In the event of substantial non-compliance with the required performance standards (see Table 3), recommended remedial measures will be provided to help the mitigation site comply with project performance standards. Photo documentation of site conditions will be included with each report. R:\Projects\BLC\3BLC000101\HMMP\Mariposa Lilies\HMMP_Mariposa Lilies-110920.do 15 Mariposa Lily Habitat Mitigation and Monitoring Plan Tesoro del Valle Residential Development Project, Phases 8 and C 7.0 COMPLETION OF MITIGATION PROGRAM 7.1 NOTIFICATION OF COMPLETION When the performance standards described in Section 6.1 have been achieved, the Project Biologist will submit a Final Annual Monitoring Report to the Project Applicant, the LACDRP, and the Landscape Contractor. Included with the Final Annual Monitoring Report will be written notification that the mitigation program is complete and ready for sign -off by the LACDRP. 7.2 AGENCY CONFIRMATION If desired by the LACDRP, the Project Biologist and the Project Applicant will meet at the mitigation areas to verify successful compliance with the mitigation program's performance standards. Based on the verification of successful compliance with these performance standards, the LACDRP will issue a letter confirming successful mitigation completion, which will serve as an official mitigation program sign -off. R:\Projects\BLC\3BLC000101\HMMP\Mariposa Lilies\HMMP_Mariposa Lilies-110920.do 16 Mariposa Lily Habitat Mitigation and Monitoring Plan Tesoro del Valle Residential Development Project, Phases 8 and C 8.0 LONG-TERM SITE MANAGEMENT As a part of the mitigation program, long-term management of the mitigation sites will be transferred to the LTMEs. This section describes the ownership and long-term management of the mitigation sites. 8.1 MITIGATION SITE OWNERSHIP Mitigation sites will be transferred in fee to the City of Santa Clarita and the HOA under the terms of the OSMMAs. The LACDRP will be named as an enforcing party in the OSMMAs, until the open space areas are annexed by the City of Santa Clarita. Three areas will be transferred in fee to the HOA: (1) the mitigation site that is between the Phase A and Phase B development areas; (2) an island of undisturbed habitat in the middle of the Phase B development footprint; and (3) an area that is located south of Casa Luna Place and west of Tesoro del Valle Drive. The open space areas to the west, north, and east of the development area that contain the mariposa lily enhancement and establishment sites will be transferred in fee to the City of Santa Clarita. The terms of each OSMMA will allow right -of -entry to the Project Applicant to perform mitigation activities associated with the Project. 8.2 LONG-TERM SITE MANAGEMENT The City of Santa Clarita will serve as the LTME for most of the open space areas utilized for mitigation purposes. The HOA will serve as the LTME for the open space area transferred to it as described above. As the LTMEs, the City of Santa Clarita and the HOA will be responsible for preparing Long -Term Management Plans (LTMPs) for all areas to be preserved. A separate LTMP will be prepared by each LTME. The LTMPs will describe activities such as non-native plant control, supplemental native seed mix application, trash removal, repair and maintenance of any protective fencing or signage that is erected, and public outreach to ensure compliance with the rules of the open space areas. Land management activities will be performed on a permanent basis. All proposed LTMPs, together with a description of proposed endowment and other funding arrangements, shall be submitted to the LACDRP for review and comment prior to the recording of the first final map. The LTMPs must be approved by the LACDRP Biologist. 8.3 FUNDING FOR SITE MANAGEMENT A funding mechanism is required to ensure that sufficient funds are available to the LTMEs for the ongoing management and protection of the mitigation site. Funding for the HOA-owned mitigation sites will be provided by monthly dues paid by the members of the HOA. Funding for the City Open Space Areas will be provided by one or more of the following sources, which may include: (1) parcel taxes paid to the City of Santa Clarita's Open Space Preservation District (after the project area is annexed to the City); (2) a new Community Facilities District for R:\Projects\BLC\3BLC000101\HMMP\Mariposa Lilies\HMMP_Mariposa Lilies-110920.do.. 17 Mariposa Lily Habitat Mitigation and Monitoring Plan Tesoro del Valle Residential Development Project, Phases 8 and C maintenance purposes to be formed in the project area; or (3) establishment of a Lighting and Landscape Maintenance District (after the project area is annexed to the City of Santa Clarita). R:\Projects\BLC\3BLC000101\HMMP\Mariposa LiliesWMMP_Mariposa Lilies-110920.d— 18 Mariposa Lily Habitat Mitigation and Monitoring Plan Tesoro del Valle Residential Development Project, Phases 8 and C 9.0 REFERENCES Baldwin, B.G., D.J. Keil, R. Patterson, T.J. Rosatti, and D.H. Wilken (Eds.). 2012. The Jepson Manual: Vascular Plants of California (Second ed.). Berkeley, CA: University of California Press. Boyd, S. 1999. Vascular Flora of the Liebre Mountains, Western Transverse Ranges, California. Aliso 18:93-139. Claremont, California: Rancho Santa Ana Botanic Garden. California Department of Fish and Wildlife (CDFW). 2019. California Natural Diversity (Rarefind) Database. California Department of Fish and Game, Natural Heritage Division, Sacramento, California. California Native Plant Society (CNPS). 2016 (July 1, last updated). Taxonomic Inventory of Rare and Endangered Vascular Plants of California (online edition, v8-02. Sacramento, CA: CNPS. http://www.rareplants.cnps.org/. California Native Plant Society (CNPS). 2003. Electronic Inventory of Rare and Endangered Vascular Plants of California. California Native Plant Society, Sacramento, California. Http://www.cnps.org Fiedler, Peggy Lee. 1996. Rare Lilies of California. California Native Plant Society, Sacramento, California. Gaertner, M; A. D. Breeyen; C. Hui; and D. M. Richardson. 2009. Impacts of alien plant invasions on species richness in Mediterranean -type ecosystems: a meta -analysis. Progress in Physical Geography 33(3):319-338 Gillespie Ian G. and Edith B. Allen. 2004. Fire and competition in a southern California grassland: Impacts on the rare forb Erodium macrophyllum. Journal of Applied Ecology. 41: 643-652. Jepson Flora Project. 2015 (December 18, Revision 3). Jepson eFlora. Berkeley, CA: Jepson Herbarium. http://ucjeps.berkeley.edu/IJM.html. Munz, Philip A. 1974. A Flora of Southern California. University of California Press, Berkeley, California. Psomas. 2016 (November 22). Results of Special Status Plant Surveys for the Tesoro del Valle Phases B and C Project, Los Angeles County, California. Pasadena, CA: Psomas. Psomas. 2018. Final Supplemental Environmental Impact Report, Tesoro del Valle (Phases A, B, C) Project. State Clearinghouse No. 2016101032. CEQA report provided to the County of Los Angeles Department of Regional Planning. R:\Projects\BLC\3BLC000101\HMMP\Mariposa Lilies\HMMP_Mariposa Lilies-110920.do 19 Mariposa Lily Habitat Mitigation and Monitoring Plan ATTACHMENT A SLENDER/CLUB-HAIRED MARIPOSA LILY OCCURRENCE INFORMATION Tesoro del Valle Residential Development Project, Phases B and C SLENDER/CLUB-HAIRED MARIPOSA LILY OCCURRENCE INFORMATION GPS Coordinates Occurrence (Northing, # # # # Easting)* Vegetative Flowering Fruiting # Total Slope, Aspect, and Habitat Associated Species 1 356042, 0 1 0 1 Steep, northwest -facing. Adenostoma fasciculatum, Poa secunda, Salvia mellifera, 3817298 Chamise chaparral. Eriogonum fasciculatum, Bromus madritensis var. rubens 2 355442, 1 0 0 1 Steep, east -facing. Coastal Artemisia californica, Eriogonum fasciculatum, Salvia apiana, 3815526 sage scrub transition. transition to non-native annual grasses 3 355825, 0 1 0 1 Steep, east -facing. Coastal Salvia mellifera, Adenostoma fasciculatum, Artemisia 3815930 sage scrub. californica, Acmispon glaber 4 355792, 0 1 0 1 Moderate, east -facing. Coastal Adenostoma fasciculatum, Eriogonum fasciculatum, Salvia 3816002 sage scrub. mellifera, Sambucus nigra ssp. caerulea 357024, Artemisia californica, Eriogonum fasciculatum, Acmispon 5 3816322 0 1 0 1 Ridgeline, flat. Chaparral. glaber, Chaenactis glabriuscula, Hirschfeldia incana, Bromus madritensis var. rubens 356676, Bowl at bottom of slope, east- Eriogonum fasciculatum, Salvia mellifera, Artemisia 6 3816573 0 1 0 1 northeast -facing. Mixed sage californica, Bromus madritensis var. rubens, Bromus diandrus, scrub. Acmispon glaber 356142, Gentle, south-southwest- Eriogonum fasciculatum, Artemisia californica, Hesperoyucca 7 3816963 0 1 0 1 facing. Coastal sage scrub on whipplei, Adenostoma fasciculatum, Chorizanthe xanti var. ridgeline. xanti, Deinandra fasciculatum, Avena fatua 8 356865, 0 1 0 1 Moderate, north -facing. Adenostoma fasciculatum, Acmispon glaber, Bromus 3817007 Chamise chaparral. madritensis var. rubens 356607, Slope at top of ridgeline, Eriogonum fasciculatum, Chaenactis glabriuscula, Avena sp., 9 3817020 0 1 0 1 northeast -facing. Buckwheat Erodium cicutarium, Lepidospartum squamatum, Heterotheca scrub. grandiflora, Salvia columbariae 356945, Gentle, north -facing. Ridgeline Eriogonum fasciculatum, Bromus madritensis var. rubens, 10 3817030 0 1 0 1 in chamise chaparral. Bloomeria crocea var. crocea, Adenostoma fasciculatum, Salvia mellifera 11 356490, 0 3 0 3 Moderate, northeast -facing. Eriogonum fasciculatum, Salvia mellifera, Dichelostemma 3817061 Coastal sage scrub. capitata, Salvia columbarae, Bromus diandrus 12 356407, 0 4 0 4 Moderate, north -facing. Coastal Adenostoma fasciculatum, Dichelostemma capitata, 3817117 sage scrub. Eriogonum fasciculatum, Avena sp. 13 356504, 0 3 0 3 Moderate, north -facing. Coastal Eriogonum fasciculatum, Salvia mellifera, Stipa lepida, 3817270 sage scrub. Bromus diandrus, Acmispon glaber, Hirschfeldia incana 14 356517, 0 10 0 10 Moderate, north -facing. Coastal Eriogonum fasciculatum, Salvia mellifera, Stipa lepida, 3817300 sage scrub. Bromus diandrus, Acmispon glaber R:\Projects\BLC\3BLC000101\HMMP\Mariposa Lilies\HMMP_Mariposa Lilies-110920.docx A-t Attachment A Tesoro del Valle Residential Development Project, Phases B and C SLENDER/CLUB-HAIRED MARIPOSA LILY OCCURRENCE INFORMATION GPS Coordinates Occurrence (Northing, # # # # Easting)* Vegetative Flowering Fruiting # Total Slope, Aspect, and Habitat Associated Species 356712, Steep slope + ridgeline with flat Eriogonum fasciculatum, Salvia mellifera, Trichostema 15 3817017 10 28 0 38 slope. Coastal sage scrub at lanatum, Bromus madritensis var. rubens, Avena sp., edge of chamise. Chaenactis glabriuscula 16 356844, 0 8 0 8 Flat. Chaparral. Salvia mellifera, Adenostoma fasciculatum, Chaenactis 3816987 glabriuscula, Bromus madritensis var. rubens 355851, Moderate, east -facing. Coastal Adenostoma fasciculatum, Eriogonum fasciculatum, Salvia 17 3815882 0 3 0 3 sage scrub transition. mellifera, Acmispon glaber, non-native annual grasses interspersed 18 355698, 7 32 0 39 Steep, east -facing. Coastal Eriogonum fasciculatum, Artemisia californica, Salvia 3815617 sage scrub transition. mellifera, transition to non-native annual grasses 355532, Moderate, east -facing. Coastal Eriogonum fasciculatum, Artemisia californica, Salvia 19 3815500 0 4 0 4 sage scrub transition. mellifera, Acmispon glaber, transition to non-native annual grasses (growing in Artemisia californica) 20 355244, 1 15 0 16 Steep, northwest -facing. Chamise - coastal sage scrub Eriogonum fasciculatum, Adenostoma fasciculatum, 3815720 transition. Hirschfeldia incana, Bromus madritensis var. rubens 355850, Moderate, northwest -facing. Chamise edge - Adenostoma fasciculatum, Bromus 21 3816256 0 6 0 6 Non-native grasses. madritensis var. rubens, Hirschfeldia incana, Avena fatua, Cercocarpus betuloides, Opuntia basilaris var. basilaris 22 355793, 0 1 0 1 Very steep, northwest -facing. Chamise - coastal sage scrub Adenostoma fasciculatum, Eriogonum fasciculatum, Bromus 3816310 transition. madritensis var. rubens, Stipa lepida, Artemisia californica 23 355695, 0 4 0 4 Steep, north -facing. Coastal Eriogonum fasciculatum, Salvia mellifera, Bromus madritensis 3816462 sage scrub. var. rubens, Avena fatua, Hesperoyucca whipplei 24 355785, 0 3 0 3 Very steep, northeast -facing. Salvia mellifera, Stipa lepida, Bromus madritensis var. rubens, 3816553 Coastal sage scrub. Hirschfeldia incana, Acourtia microcephala 25 356072, 2 16 0 18 Steep, northwest -facing. Chamise - coastal sage scrub Eriogonum fasciculatum, Salvia mellifera, Bromus madritensis 3816622 transition. var. rubens, Stipa lepida 26 355768, 0 1 0 1 Moderate, northwest -facing. Artemisia californica, Eriogonum fasciculatum, Avena fatua, 3816811 Coastal sage scrub. Bloomeria crocea var. crocea, Adenostoma fasciculatum 27 355583, 0 3 0 3 Steep, northwest -facing. Coastal sage scrub- non-native Avena fatua, Sambucus nigra ssp. caerulea, Salvia mellifera, 3816929 grass transition. Eriogonum fasciculatum, Bromus madritensis var. rubens 28 355831, 1 1 0 2 Steep, northwest -facing. Eriogonum fasciculatum, Salvia mellifera, Bromus madritensis 3816990 Coastal sage scrub. var. rubens, Avena fatua, Hesperoyucca whipplei R:\Projects\BLC\3BLC000101\HMMP\Mariposa Lilies\HMMP_Mariposa Lilies-110920.docx A-2 Attachment A Tesoro del Valle Residential Development Project, Phases B and C SLENDER/CLUB-HAIRED MARIPOSA LILY OCCURRENCE INFORMATION GPS Coordinates Occurrence (Northing, # # # # Easting)* Vegetative Flowering Fruiting # Total Slope, Aspect, and Habitat Associated Species 29 355794, 0 1 0 1 Steep, northwest -facing. Artemisia californica, Eriogonum fasciculatum, Avena fatua, 3817009 Coastal sage scrub. Bloomeria crocea var. crocea, Adenostoma fasciculatum 30 356713, 0 6 0 6 Flat. Chaparral/coastal sage Eriogonum fasciculatum, Galium sp., Salvia mellifera, Avena 3817135 scrub. sp., Bromus diandrus Adenostoma fasciculatum, Logfia gallica, Bromus madritensis 31 356820, 0 119 0 119 Gentle, east -facing. Coastal var. rubens, Eriogonum fasciculatum, Bromus diandrus, 3817293 sage scrub. Chlorogallum pomeridian, Dichelostemma capitata, Stipa pulchra Eriogonum fasciculatum, Dichelostemma capitata, Logfia 32 356957, 0 2 0 2 Gentle, east -facing. Coastal gallica, Avena sp., Adenostoma fasciculatum, Bromus 3817491 sage scrub. madritensis var. rubens, Salvia mellifera, Hesperoyucca whipplei Eriogonum fasciculatum, Dichelostemma capitata, Logfia 33 356950, 0 2 0 2 Gentle, east -facing. Coastal gallica, Avena sp., Adenostoma fasciculatum, Bromus 3817525 sage scrub. madritensis var. rubens, Salvia mellifera, Hesperoyucca whipplei 357071, Moderate, west -facing. Adenostoma fasciculatum, Artemisia californica, Salvia 34 3817865 0 2 0 2 Chamise - coastal sage scrub apiana, Hesperoyucca whipplei, Sambucus nigra ssp. transition. caerulea, Avena sp. 357080, Moderate, west -facing. Adenostoma fasciculatum, Bromus diandrus, Salvia apiana, 35 3817893 0 1 0 1 Chamise - coastal sage scrub Bloomeria crocea var. crocea transition. 36 357108, 0 3 0 3 Moderate, west -facing. Chamise - coastal sage scrub Adenostoma fasciculatum, Bromus diandrus, Salvia apiana, 3817950 transition. Bloomeria crocea var. crocea 357951, Moderate, northeast -facing. Salvia leucotheca, Adenostoma fasciculatum, Artemisia 37 3817985 0 24 0 24 Chaparral/coastal sage scrub. californica, Elymus condensatus, Bromus madritensis var. rubens Moderate, east -facing. Coastal Bromus madritensis var. rubens, Bromus tectorum, 38 357139, 0 4 0 4 sage scrub openings in Malacothamnus fasciculatus var. fasciculatus, Adenostoma 3818001 drainage bottom. fasciculatum, Hirschfeldia incana, Bloomeria crocea var. crocea 357111, Flat. Chamise - coastal sage Adenostoma fasciculatum, Chlorogallum pomeridian, 39 3818004 0 1 0 1 scrub transition. Hesperoyucca whipplei, Bromus diandrus, Sambucus nigra var. caerulea R:\Projects\BLC\3BLC000101\HMMP\Mariposa Lilies\HMMP_Mariposa Lilies-110920.docx A-3 Attachment A Tesoro del Valle Residential Development Project, Phases B and C SLENDER/CLUB-HAIRED MARIPOSA LILY OCCURRENCE INFORMATION GPS Coordinates Occurrence (Northing, # # # # Easting)* Vegetative Flowering Fruiting # Total Slope, Aspect, and Habitat Associated Species 357183, Moderate, west -facing. Coastal Avena fatua, Acourtia microcephala, Artemisia californica, 40 3818031 0 10 0 10 sage scrub openings. Adenostoma fasciculatum, Bromus diandrus, Sambucus nigra var. caerulea 41 356812, 0 6 0 6 Gentle, west -facing. Chamise Adenostoma fasciculatum, non-native grasses 3818066 chaparral. 42 357364, 0 1 0 1 Steep, west -facing. Coastal Artemisia californica, Adenostoma fasciculatum, Salvia 3818109 sage scrub openings. leucophylla, Avena fatua 43 357770, 0 3 0 3 Very steep, north -facing. Coastal sage scrub openings Artemisia californica, Mimulus aurantiacus, Salvia leucophylla, 3818106 on cliff -face. Bromus madritensis var. rubens 356942, Gentle, northwest -facing. Open Adenostoma fasciculatum, Artemisia californica, 45 3818141 0 9 0 9 chaparral/coastal sage scrub. Hesperoyucca whipplei, Bloomeria crocea var. crocea, and Salvia leucophylla 46 357081, 0 10 2 12 Gentle, southweast-facing. Semi -open chaparral/coastal Adenostoma fasciculatum, Salvia leucophylla, Avena barbata, 3818174 sage scrub. Hesperoyucca whipplei 47 357063, 0 3 0 3 Gentle, southweast-facing. Semi -open chaparral/coastal Adenostoma fasciculatum, Salvia leucophylla, Avena barbata, 3818185 sage scrub. Hesperoyucca whipplei 357238, Moderate, west -facing. Coastal Adenostoma fasciculatum, Eriogonum fasciculatum, Salvia 48 3818205 0 6 0 6 sage scrub openings. leucophylla, Salvia mellifera, Bloomeria crocea var. crocea, Bromus madritensis var. rubens Adenostoma fasciculatum, Salvia mellifera, Bromus 49 357440, 0 1 0 1 Moderate, east -facing. madritensis var. rubens, Bloomeria crocea var. crocea, 3818278 Chaparral/coastal sage scrub. Sambucus nigra var. caerulea, Artemisia californica, Opuntia sp. 357369, Flat. Coastal sage scrub on Hirschfeldia incana, Eriogonum fasciculatum, Logfia gallica, 50 3818346 0 1 0 1 ridgeline. Bromus madritensis, Cryptantha sp., Eriodium cicutarium, Emmenanthe penduliflora, Salvia mellifera 51 357518, 0 1 0 1 Steep, west -facing. Coastal Artemisia californica, Avena fatua, Salvia leucophylla, 3818453 sage scrub openings. Adenostoma fasciculatum 52 357020, 0 2 0 2 Gentle, west -facing. Disturbed Adenostoma fasciculatum, Eriogonum fasciculatum, 3818478 chamise-chaparral. Hesperoyucca whipplei, Avena barbata 53 357059, 1 10 0 11 Gentle, north -facing. Disturbed Eriogonum fasciculatum, Hesperoyucca whipplei, Adenostoma 3818538 chamise-chaparral. fasciculatum, Avena barbata, Salvia leucophylla R:\Projects\BLC\3BLC000101\HMMP\Mariposa Lilies\HMMP_Mariposa Lilies-110920.docx A-4 Attachment A Tesoro del Valle Residential Development Project, Phases B and C SLENDER/CLUB-HAIRED MARIPOSA LILY OCCURRENCE INFORMATION GPS Coordinates Occurrence (Northing, # # # # Easting)* Vegetative Flowering Fruiting # Total Slope, Aspect, and Habitat Associated Species 357483, Steep, west -facing. Coastal Malacothamnus fasciculatus var. fasciculatus, Bloomeria 54 3818634 0 1 0 1 sage scrub. crocea var. crocea, Acourtia microcephala, Avena fatua, Salvia mellifera, Hirschfeldia incana 55 356847, 0 22 0 22 Gentle, north -facing. Chamise Eriogonum fasciculatum, Adenostoma fasciculatum, Salvia 3818120 chaparral. leucophylla, Artemisia californica, non-native grasses 56 356817, 0 19 0 19 Flat. Purple sage-buckweat Salvia leucophylla, Eriogonum fasciculatum, Artemisia 3818127 scrub. californica, Hirschfeldia incana, non-native grasses 57 356861, 0 23 0 23 Moderate, northwest -facing. Chamise - coastal sage scrub Adenostoma fasciculatum, Avena sp., Bromus diandrus, 3817512 transition. Salvia mellifera, Hirschfeldia incana, Hesperoyucca whipplei Acourtia microcephala, Adenostoma fasciculatum, Acmispon 58 356480, 0 41 0 41 Steep, north -facing. Coastal glaber, Melica imperfecta, Eucrypta chrysanthemifolia, 3817337 sage scrub openings. Psilocarpus tenellus, Claytonia sp., Bloomeria corcea var. crocea 356454, Moderate, northern trending Eriogonum fasciculatum, Salvia mellifera, Stipa lepida, 59 3817198 25 70 0 95 ridgeline. Chamise - coastal Bromus diandrus, Acmispon glaber, Hirschfeldia incana sage scrub transition. 60 356603, 0 10 0 10 Flat. Chamise - coastal sage Adenostoma fasciculatum 3817144 scrub transition. Bloomeria crocea var. crocea, Eriogonum fasciculatum, 356570, Steep, southweast-facing. Bromus madritensis var. rubens, Bromus tectorum, 61 3817053 0 20 2 22 Coastal sage scrub. Thysanocarpus sp., Dichelostemma capitata, Salvia mellifera, Avena fatua, Emmenanthe penduliflora, Artemisia californica, Hirschfeldia incana 62 356361, 0 15 0 15 Gentle, north -facing. Coastal Adenostoma fasciculatum, Avena sp., Bromus diandrus, 3817119 sage scrub. Salvia mellifera, Hirschfeldia incanan Steep slope + ridgeline with Adenostoma fasciculatum, Eriogonum fasciculatum, 63 356369, 0 13 0 13 gentle slope, northwest -facing. Dichelostemma capitata, Bloomeria crocea var. crocea, 3817258 Chamise chaparral. Hirschfeldia incana, Logfia gallica, Bromus madritensis var. rubens, Marah sp. 356293, Very steep, northwest -facing. Adenostoma fasciculatum, Bromus madritensis var. rubens, 64 3817202 0 8 0 8 Chamise - coastal sage scrub Marah sp., Acortia microcephala, Dichelostemma capitata, transition. Salvia mellifera, Bloomeria crocea var. crocea 356738, Moderate, west -facing. 65 3817045 0 10 0 10 Chamise - coastal sage scrub Adenostoma fasciculatum transition. R:\Projects\BLC\3BLC000101\HMMP\Mariposa Lilies\HMMP_Mariposa Lilies-110920.docx A-5 Attachment A Tesoro del Valle Residential Development Project, Phases B and C SLENDER/CLUB-HAIRED MARIPOSA LILY OCCURRENCE INFORMATION GPS Coordinates Occurrence (Northing, # # # # Easting)* Vegetative Flowering Fruiting # Total Slope, Aspect, and Habitat Associated Species 357439, Steep, west -facing. Coastal Adenostoma fasciculatum, Stipa lepida Bromus madritensis 66 3818527 0 10 0 10 sage scrub. var. rubens, Avena fatua, Artemisia californica, Salvia leucophylla, Bloomeria crocea var. crocea 67 357754, 0 5 0 5 Moderate, northeast -facing. Artemisia californica, Salvia leucophylla, Bromus madritensis 3818469 Coastal sage scrub openings. var. rubens, Emmenanthe pendulflora, Erodium cicutarium 68 355973, 0 11 0 11 Steep, northwest -facing. Chamise chapparel & non- Eriogonum fasciculatum, Bromus madritensis var. rubens, 3816283 native grasses. Bromus tectorum 356004, Steep, northwest -facing. Eriogonum fasciculatum, Salvia mellifera, Hesperoyucca 69 3816371 6 29 0 35 Coastal sage scrub. whipplei, Dichelostemma capitatum, Bromus madritensis var. rubens 70 356019, 0 13 0 13 Steep, northwest -facing. Eriogonum fasciculatum, Artemisia californica, Salvia 3816305 Coastal sage scrub. mellifera, Hirschfeldia incana 355768, Steep, northeast -facing. Adenostoma fasciculatum, Bromus madritensis var. rubens, 71 3816545 0 5 0 5 Chamise chaparral. Dichelostemma capitata, Hirschfeldia incana, Eriogonum fasciculatum 355717, Steep, northeast -facing. Adenostoma fasciculatum, Bromus madritensis var. rubens, 72 3816514 0 5 0 5 Chamise chaparral. Dichelostemma capitata, Hirschfeldia incana, Eriogonum fasciculatum 355524, Very steep, northwest -facing. Salvia mellifera, Artemisia californica, Adenostoma 73 3816858 1 44 0 45 Coastal sage scrub - chamise fasciculatum, Eriogonum fasciculatum, Bromus madritensis transition. var. rubens, Avena fatua 74 355658, 0 3 0 3 Steep, northwest -facing. Coastal sage scrub -non- Avena fatua, Sambucus nigra ssp. caerulea, Salvia mellifera, 3816976 native grass transition. Eriogonum fasciculatum, Bromus madritensis var. rubens 75 357403, 0 3 0 3 Flat. Chamise chaparral. Eriogonum fasciculatum, Adenostoma fasciculatum, Avena 3818680 barbata 76 356854, 0 11 0 11 Gentle, north -facing. Chamise Adenostoma fasciculatum, Bromus diandrus, Eriogonum 3818323 chaparral. fasciculatum, Stipa lepida, Salvia leucophylla 357017, Gentle, north -facing. Chamise Eriogonum fasciculatum, Adenostoma fasciculatum, Salvia 77 3818383 0 58 0 58 chaparral. leucophylla, Bromus diandrus, Bromus madritensis var. rubens, Hesperoyucca whipplei 356861, Top of ridgeline, east- and Acmispon glaber, Sambucus nigra ssp. caerulea, Adenostoma 78 3817963 0 19 0 19 west -facing. Chaparral/coastal fasciculatum, Hirschfelda incana, Bloomeria crocea var. sage scrub. crocea R:\Projects\BLC\3BLC000101\HMMP\Mariposa Lilies\HMMP_Mariposa Lilies-110920.docx A-6 Attachment A Tesoro del Valle Residential Development Project, Phases B and C SLENDER/CLUB-HAIRED MARIPOSA LILY OCCURRENCE INFORMATION GPS Coordinates Occurrence (Northing, # # # # Easting)* Vegetative Flowering Fruiting # Total Slope, Aspect, and Habitat Associated Species 79 356945, 0 2 0 2 Moderate, east -facing. Adenostoma fasciculatum, Eriogonum fasciculatum, Avena 3817728 Chamise chaparral. sp., Bromus diandrus 80 356900, 0 2 0 2 Flat, top of ridgeline. Chamise Adenostoma fasciculatum, Eriogonum fasciculatum, Artemisia 3817812 chaparral. californica, Bloomeria crocea var. crocea, Avena sp. Chlorogallum pomeridian, Adenostoma fasciculatum, Salvia 81 356750, 0 150 0 150 Moderate, west -facing. Coastal mellifera, Opuntia basilaris var. basilaris, Artemisia californica, 3817250 sage scrub on gentle ridgeline. Bromus madritensis var. rubens, Centaurea melitensis, Logfia gallica, Hirschfeldia incana 82 357106, 0 10 0 10 Gentle, west -facing. Chamise Adenostoma fasciculatum, Bromus diandrus, Salvia apiana, 3817978 chaparral. Bloomeria crocea var. crocea 356888, Moderate, northwest -facing. Avena fatua, Artemisia californica, Acourtia microcephala, 83 3817310 0 1 0 1 Loose chamise chaparral. Bromis diandrus, Eriogonum fasciculatum, Adenostoma fasciculatum 84 358142, 0 6 0 6 Steep, east -facing. Purple Salvia leucophylla, Eriogonum fasciculatum, Artemisia 3817758 sage-buckweat scrub. californica, Eriodictyon crassifolium, non-native grasses 85 358000, 0 1 0 1 Steep, north -facing. Purple Salvia leucophylla, Eriogonum fasciculatum, Artemisia 3817835 sage-buckweat scrub. californica, Eriodictyon crassifolium, non-native grasses 86 357942, 0 3 0 3 Steep, north -facing. Purple Salvia leucophylla, Eriogonum fasciculatum, Artemisia 3817840 sage-buckweat scrub. californica, Eriodictyon crassifolium, non-native grasses 357287, Steep, northeast -facing. Adenostoma fasciculatum, Bromus madritensis var. rubens, 87 3817992 0 14 0 14 Chaparral openings. Salvia leucophylla, Logfia gallica, Eriophylla confertiflora, Chlorogallum pomeridian 88 358061, 0 2 0 2 Flat. Purple sage-buckweat Salvia leucophylla, Eriogonum fasciculatum, Artemisia 3817991 scrub. californica, Hirschfeldia incana, non-native grasses 89 358078, 0 2 0 2 Steep, north -facing. Coastal Artemisia californica, Salvia leucophylla, non-native grasses 3818169 sage scrub. 90 357553, 0 2 0 2 Very steep, west -facing. Road Eriogonum fasciculatum, Acmispon glaber, Artemisia 3818402 cut. californica, Hesperoyucca whipplei, Avena fatua Artemisia californica, Eriogonum fasciculatum, Trichostema 91 357676, 0 2 0 2 Moderate, northeast -facing. lanatum, Emmenanthe penduliflora, Bloomeria crocea var. 3818562 Coastal sage scrub openings. crocea, Hesperoyucca whipplei, Chlorogallum pomeridian, Bromus madritensis var. rubens, Logfia gallica 92 358110, 4 16 0 20 Steep, east -facing. Purple Salvia leucophylla, Artemisia californica, Eriogonum 3817810 sage-buckweat scrub. fasciculatum, non-native grasses R:\Projects\BLC\3BLC000101\HMMP\Mariposa Lilies\HMMP_Mariposa Lilies-110920.docx A-7 Attachment A Tesoro del Valle Residential Development Project, Phases B and C SLENDER/CLUB-HAIRED MARIPOSA LILY OCCURRENCE INFORMATION GPS Coordinates Occurrence (Northing, # # # # Easting)* Vegetative Flowering Fruiting # Total Slope, Aspect, and Habitat Associated Species 356996, Gentle, north -facing. Semi- Adenostoma fasciculatum, Salvia leucophylla, Avena barbata, 93 3818203 0 33 5 38 open chaparral/coastal sage Hesperoyucca whipplei, Bromus madritensis var. rubens scrub. 357254, Very steep, north -facing. Artemisia californica, Salvia mellifera, Bromus madritensis var. 94 3816996 0 1 0 1 Coastal sage scrub. rubens, Malacothamnus fasciculatus, Emmenanthe penduliflora Total N/A 59 1,097 9 1,165 N/A N/A #: number; GPS: global positioning system; N/A: not applicable * Coordinates recorded in the Universal Transverse Mercator Zone 11 North coordinate system, horizontal datum North American Datum 1983. R:\Projects\BLC\3BLC000101\HMMP\Mariposa Lilies\HMMP_Mariposa Lilies-110920.docx A-8 Attachment A Western Spadefoot Mitigation Plan Tesoro del Valle Phases B and C Revised VTTM 51644-1 Los Angeles County, California EIR Mitigation Measure B10-4 Prepared for BLC TESORO LLC 100 Bayview Circle, Suite 240 Newport Beach, California 92660 Contact: Michael Schlesinger T: (949) 945-2290 Prepared by Psomas 225 South Lake Avenue, Suite 1000 Pasadena, California 91101 Contact: David Hughes Certified Ecological Restoration Practitioner #243 T: (626) 351-2000 November 2020 Tesoro del Valle Residential Development Project, Phases 8 and C TABLE OF CONTENTS Section Page 1.0 Introduction.....................................................................................................................1 1.1 Project Location.....................................................................................................2 1.2 Project Description................................................................................................3 1.3 Responsible Parties..............................................................................................3 1.4 Species Background.............................................................................................4 1.5 Existing Conditions................................................................................................5 1.6 Required Mitigation...............................................................................................5 2.0 Western Spadefoot Translocation Program Goals ......................................................6 2.1 General Strategy Overview...................................................................................6 2.2 Responsible Parties..............................................................................................7 2.2.1 Project Applicant........................................................................................ 7 2.2.2 Biological Monitor......................................................................................7 2.2.3 Landscape Contractor...............................................................................8 2.2.4 Long -Term Management Entity................................................................. 8 2.2.5 Resource Agencies.................................................................................... 8 3.0 Mitigation Pond Site Selection.......................................................................................9 4.0 Design and Construction of Mitigation Ponds...........................................................10 5.0 Innoculation of Created Mitigation Ponds..................................................................12 6.0 Amphibian Salvage and Translocation.......................................................................13 6.1 Translocation Methods........................................................................................13 6.2 Implementation Schedule....................................................................................14 7.0 Adaptive Management and Remedial Measures........................................................15 7.1 Mitigation Pond Inoculation.................................................................................15 7.2 Drought Year Provisions.....................................................................................15 7.3 Hydroperiod Monitoring of Created Mitigation Ponds..........................................15 7.4 Temporary Captivity of Western Spadefoot.........................................................16 8.0 Long -Term Monitoring..................................................................................................17 8.1 Monitoring of Created Ponds...............................................................................17 8.2 Western Spadefoot Monitoring............................................................................17 8.2.1 Monitoring Larvae.................................................................................... 17 8.2.2 Monitoring Adults..................................................................................... 18 R:\Projects\BLC\3BLC000101\Spadefoot\Tesoro Spadefoot Plan-110420.docx i Table of Contents Tesoro del Valle Residential Development Project, Phases 8 and C 9.0 Site Maintenance...........................................................................................................19 9.1 Non -Native Plant Species Control.......................................................................19 9.2 Mitigation Pond Repair........................................................................................19 9.3 Trash Removal....................................................................................................19 10.0 Success Criteria............................................................................................................20 11.0 Long -Term Site Management.......................................................................................21 11.1 Mitigation Site Ownership....................................................................................21 11.2 Long -Term Site Management..............................................................................21 11.3 Funding For Site Management............................................................................21 11.4 Coordination with CDFW and Other Permitting Agencies...................................21 12.0 References.....................................................................................................................22 TABLES Table Page 1 Responsible Parties..........................................................................................................3 2 Implementation Schedule................................................................................................14 EXHIBITS Exhibit Follows Page 1 Local Vicinity.....................................................................................................................3 2 Project Location................................................................................................................3 3 U.S. Geological Survey 7.5—Minute Quadrangle..............................................................3 4 Previously Documented Spadefoot Ponds........................................................................5 5 Proposed Mitigation Pond Locations.................................................................................9 ATTACHMENTS Attachment A 2005 Western Spadefoot Focused Survey Report for the Tesoro del Valle Project Site R:\Projects\BLC\3BLC000101\Spadefoot\Tesoro Spadefoot Plan-110420.docx II Table of Contents Tesoro del Valle Residential Development Project, Phases 8 and C 1.0 INTRODUCTION The Western Spadefoot Mitigation Plan (WSMP) described herein provides guidelines for the translocation of the western spadefoot (Spec hammondii) and creation of suitable breeding habitat to mitigate for impacts to several debris basins on the Tesoro del Valle Phases B and C project site (hereinafter referred to as the project site) that are assumed to serve as breeding ponds for the species. The western spadefoot is a small native toad that is listed as a Species of Special Concern by the State of California (CDFW 2018); impacts on this species and its habitat were determined to be significant under the California Environmental Quality Act (CEQA). Mitigation actions described in this plan are designed to reduce this impact to a level that is less than significant. The goals of this document are to: (1) describe the existing status of western spadefoot habitat within the project boundaries; (2) identify appropriate locations on the project site to create western spadefoot breeding ponds; (3) describe specifications for breeding pond construction; (4) describe methods for the collection and translocation of adult and tadpole western spadefoot; and (5) document the success of pond creation and spadefoot establishment through the implementation of a maintenance and monitoring program. The proposed mitigation activities are intended to compensate for impacts to western spadefoot breeding ponds as discussed in Mitigation Measure (MM) Bio-4 in the Final Supplemental Environmental Impact Report (Psomas 2018) for the Tesoro del Valle Phase B and C Residential Development Project. The WSMP is provided for review by the Los Angeles County Department of Regional Planning (LACDRP) and the California Department of Fish and Wildlife (CDFW). Please note that if any discrepancies occur between the requirements of MM Bio-4 and this WSMP regarding impact and mitigation quantities then what is described in the WSMP will supersede the MM upon approval of this document. Specifically, MM Bio-4 requires the following items to be addressed in the WSMP • Responsibilities and Qualifications of the Personnel to Implement and Supervise the Plan. The responsibilities of the Landowner, Specialists, and Maintenance Personnel that will supervise and implement the WSMP shall be specified (See Section 2.2). Site Selection. The site(s) for replacement ponds shall be determined in coordination with the Project Applicant, the LACDRP, and the CDFW. The site(s) shall be located in a dedicated open space area, will be surrounded by native upland habitat areas that are suitable for adult spadefoot to create burrows during the summer months. The site(s) shall be connected to each other and shall provide for potential dispersal to the San Francisquito Creek area to prevent genetic isolation within the watershed (See Section 3.0). • Pond Construction. The mitigation plan will describe methods for constructing replacement ponds that will not allow infiltration into the soil so that water can be retained for periods long enough to allow spadefoot breeding to occur (See Section 4.0). • Site Preparation. Site preparation shall include (1) protection of existing native species; (2) trash and weed removal; (3) soil treatments (i.e., compaction, placement of a restrictive layer to prevent soil infiltration) (See Section 3.0). • Inspection of Materials. Any plant material and other landscaping materials (including clay soil or organic mulches) shall be inspected to ensure they do not contain pests or pathogens, including Argentine ants. Diseased or infested plant, seed, or landscape materials shall be removed from the site and transported to an appropriate off -site green R:\Projects\BLC\3BLC000101\Spadefoot\Tesoro Spadefoot Plan-110420.docx 1 Western Spadefoot Mitigation Plan Tesoro del Valle Residential Development Project, Phases 8 and C waste facility (not applicable as no plants or landscaping materials are utilized as part of this plan). • Schedule. Relocation of western spadefoot eggs and tadpoles will be performed during the breeding season which generally occurs between February and May. The replacement ponds shall be monitored for a period of approximately five years during years when sufficient rainfall occurs that create appropriate breeding conditions (See Sections 6.2 and 8.2). • Maintenance Plan/Guidelines. The maintenance plan shall include (1) weed control; (2) as -needed repair to replacement ponds; and (3) trash removal (See Section 9.0). Monitoring Plan. The WSMP shall include specifications for qualitative monitoring (i.e., photographs and general observations) during the western spadefoot breeding period. The condition of the ponds shall be inspected prior to the seasonal rainy period to determine if conditions exist that would prevent appropriate water retention (e.g., gopher activity) and to recommend any needed repairs. Monitoring activities will be summarized on an annual basis and reports will be submitted to the LACDRP and CDFW each year (See Section 8.0). Performance Standards. The WSMP shall include a discussion of appropriate performance standards to determine program success which will include the following: (1) documentation that the replacement ponds can retain surface water for an approximate five -week period that would allow eggs to hatch and develop into mature toads and (2) at least two documented seasons of at least 100 tadpoles developing in the replacement ponds (See Section 10.0). Signage and Fencing. If the replacement ponds are located in an area that are in the vicinity of a public -access area and visible to the public, the WSMP shall include specifications on fencing to protect western spadefoot areas and restrict human access. Signage specifications shall also be developed to indicate the site is a preservation site to prevent trespassing (signage not applicable to the sites identified in this WSMP as they are located in an area where human visitation is minimal). Long -Term Site Management. The mitigation plan shall identify an appropriate entity to manage any open space areas utilized for mitigation purposes. A long-term management plan shall also be developed which will be implemented by the long-term management entity. Potential land management entities include the Mountains Recreation and Conservation Authority; the Tesoro del Valle Homeowners Association; the Nature Conservancy, the City of Santa Clarita, or the County of Los Angeles. Any other management entities that may be identified would be subject to approval by the LACDRP. The County of Los Angeles shall be named as an enforcing party on any conservation easement or land dedication agreement to ensure compliance with any restrictions or required land management actions associated with the open space areas (See Section 11.0). • Proof of Funding for Site Management. The WSMP shall provide a funding mechanism to ensure that sufficient funds are available to the long-term management entity for the ongoing management and protection of the mitigation sites. Possible funding mechanisms may include an endowment, payments from the HOA, or establishing a special financing district (See Section 11.0). 1.1 PROJECT LOCATION The proposed project is located in an unincorporated portion of Los Angeles County, just north of the City of Santa Clarita (Exhibit 1). The 1,271.4-acre project site is located directly south of the Angeles National Forest's Saugus Ranger District, north of Copper Hill Drive, and west of San R:\Projects\BLC\3BLC000101\Spadefoot\Tesoro Spadefoot Plan-110420.docx 2 Western Spadefoot Mitigation Plan Tesoro del Valle Residential Development Project, Phases B and C Francisquito Canyon Road. The northeastern corner of the project site covers a portion of San Francisquito Canyon, which has been designated as Significant Ecological Area (SEA) No. 19 by the County of Los Angeles. The project site is also located immediately north of the Phase A development portion of the Tesoro del Valle project (Exhibit 2). The Angeles National Forest lies north of the project site and Castaic Lake is located approximately 2 miles to the northwest. The project site is located on the U.S. Geological Survey's (USGS') Newhall 7.5-minute quadrangle of the San Bernardino Meridian at Township 5 North, Range 16 West, Sections 21, 22, 27, 28, 29, 32, and 33 (Exhibit 3). The topography on the project site consists of rugged hills and canyons with native vegetation types dominating the landscape. Elevations in the study area range from approximately 1,325 to 1,830 feet above mean sea level (msl). 1.2 PROJECT DESCRIPTION The proposed project involves the buildout of Phases B and C of the Tesoro del Valle project site. The project's grading footprint impacts approximately 397 acres on which 820 homes would be created, consisting of 455 single-family detached homes and 365 age -qualified senior homes. Additionally, the project consists of the development of private parks and recreation areas; public and private trails; public and private open space; public and private roadways; and utility infrastructure. Project construction will involve mass grading of approximately 9.2 million cubic yards of soil, which will be balanced on site. 1.3 RESPONSIBLE PARTIES The project applicant and biological consultant responsible for implementing the long-term maintenance and monitoring program, and key individuals responsible for its approval are listed below in Table 1. TABLE 1 RESPONSIBLE PARTIES Responsible Parties Task/Role Entity/Company Contact Address Phone Number 100 Bayview Circle, Project Applicant BLC TESORO LLC Michael Schlesinger Suite 240 (949) 945-2290 Newport Beach, CA 92660 Mitigation planning, 225 South Lake Avenue, biological monitoring Psomas David Hughes Suite 1000 (626) 351-2000 Pasadena, CA 91107 Long -Term 23920 Valencia Boulevard Management Entity City of Santa Clarita Janine Prado Suite 300 (661) 255-4978 Santa Clarita, CA 91355 CEQA Mitigation County of Los Angeles 320 West Temple Street Compliance Department of Joe Decruyenaere 13th Floor (213) 974-6461 Regional Planning Los Angeles, CA 90012 Section 1600 California Department Victoria Tang 4665 Lampson Avenue (562) 430-5082 Permitting of Fish and Wildlife Los Alamitos, CA 90720 Landscape Landscape Johnny Escobedo 28447 Witherspoon Parkway (661)295-1970 Contractor Development Inc. Valencia, CA 91355 R:\Projects\BLC\3BLC000101\Spadefoot\Tesoro Spadefoot Plan-110420.docx 3 Western Spadefoot Mitigation Plan QProject Boundary Castaic Lake I Castaic Lake State Rec Are yramid Lake Castaic Lake Project Lake Location Piru ' 14 Sant © a R\ver Clara Santa Clarita Simi Valley � 11 �I ` Mountain School Local Vicinity Exhibit 1 Western Spadefoot Mitigation Plan for Phases B and C of the Tesoro del Valle Residential Development Project N we 1 0.5 0 1 S Miles (Rev: 10-08-2018 MMD) R:\Projects\BLC\8BLC000101\Graphics\HMMP\Bpadefoot\ex_LV.pdf �ti°Y b• moss r -r� t - 1 ,(I isAar If, Y •a J � 1 r Tom` 0� J .0l A i •Ji' _ n Phases B & C Boundaries Phase ABoundary • • - Project Impact Boundary W, • F Fuel Modification Limits Significant Ecological Area No. 20 i • », u `S S 3 jn of _ Aerial Source: LAR-IAC 2014 Project Location Exhibit 2 Western Spadefoot Mitigation Plan for Phases B and C of the Tesoro del Valle Residential Development Project N w V E 2,000 1,000 0 2,000 S Feet (Rev: 10/20/2020 MMD) R:\Projects\BLC\3BLC000101\Graphics\HMMP\Spadefoot\ex_ProjedLocation.pdf U.S. Geological Survey 7.5-Minute Quadrangle Western Spadefoot Mitigation Plan for Phases 8 and C of the Tesoro del Valle Residential Development Project N W � E 2,000 1,000 0 2,000 s Feet Exhibit 3 (Rev: 10/30/2018 MMD) R:\Projects\B LC\3B LC000101\Graphics\H M M P\Spadefoot\ex_U SGS.pdf Tesoro del Valle Residential Development Project, Phases 8 and C Applicable regulatory agency permits for this project include: • California Department of Fish and Wildlife (CDFW) Streambed Alteration Agreement (No. 1600-1999-0126-R5) • Draft Supplemental Environmental Impact Report for Tesoro del Valle (Phases A, B, C) Project, County of Los Angeles Project No. 92074-(5), VTTM 51644-1 (Psomas 2018) 1.4 SPECIES BACKGROUND The western spadefoot is a moderate -sized toad (snout to vent lengths generally not exceeding 2.5 inches) with loose skin, irregular dark markings, and tubercles tipped with orange or red. The overall dorsal coloration is dusky green, gray, or brown, with a white to gray and unmarked underside. The main distinguishing features are the presence of wedge-shaped, glossy -black "spades" on each hind foot, and vertical pupils. The western spadefoot is restricted to California and northwestern Baja California, Mexico, below 4,500 feet elevation. Adult toads forage and burrow in open areas with sandy or gravelly soils in a variety of habitats including mixed woodlands, grasslands, coastal sage scrub, chaparral, sandy washes, lowlands, river floodplains, alluvial fans, playas, alkali flats, and foothills and mountains. They feed primarily on insects, worms, and other invertebrates. Western spadefoots are rarely seen, spending most of their life underground in earth -filled burrows up to 3 feet deep. Adults emerge from dry season refuges during late winter or spring rains, typically in February and March, and proceed to nearby breeding ponds. Additional breeding may occur after March, particularly during years with late season or above average rainfall. Little is known about the home range of spadefoot toads; however, Great Basin spadefoot (Spec intermontana) are estimated to travel up to 0.5 mile from seasonal burrows to breeding habitat. Breeding habitat primarily consists of shallow, temporary rain pools that should persist for a minimum of 30 days following egg -laying. The temporary nature of the breeding habitat ensures a lack of predators such as fish, American bullfrog (Lithobates catesbeiana), and red -swamp crayfish (Procambarus clarkii) that would otherwise reduce the likelihood of metamorphosis and recruitment. Spadefoot males arrive at breeding ponds first to establish breeding territories and vocalize to attract females. The breeding call is hoarse and snore -like. Females select males and perform external fertilization (amplexus) in the water, attaching fertilized eggs to submerged plant stems or other objects. Females lay 300 to 500 eggs in small clusters of 10 to 42 eggs per cluster. Eggs hatch within three to four days; and metamorphosis of tadpoles is dependent on the carrying capacity of the breeding pond, typically occurring within 30 to 79 days. Tadpoles eat plankton, algae, and dead aquatic larvae. Larval predators include California tiger salamanders, garter snakes, great blue herons, and raccoons. Juveniles will migrate from their natal pond a few days after metamorphosis, but little is known about how far they travel or how they survive the dry conditions typical in April through June when these movements take place. In southern California, over 80 percent of habitat once known to be occupied by western spadefoot has been converted to uses incompatible with sustaining viable populations as a result of direct impacts to breeding habitat and/or fragmentation of breeding and foraging/burrowing habitat by urban development. Direct loss of habitat and possibly mosquito abatement programs (resulting in the release of mosquito fish in spadefoot breeding ponds) have been implicated in severe population declines. Other non-native species such as bullfrog may also pose a threat to some populations. R:\Projects\BLC\3BLC000101\Spadefoot\Tesoro Spadefoot Plan-110420.docx 4 Western Spadefoot Mitigation Plan Tesoro del Valle Residential Development Project, Phases 8 and C 1.5 EXISTING CONDITIONS Psomas (then BonTerra Consulting) Senior Scientist Mike Robson and Biologist Sam Stewart visited the project site in April and May 2005 to determine the presence or absence of the western spadefoot on the project site (BonTerra 2005a, Attachment A). The western spadefoot was observed in several debris basins that are located in the southeastern portion of the Phase B and C development area (Exhibit 4). These basins are adjacent to native upland habitat areas that are dominated by chamise chaparral vegetation. These basins are hereinafter referred to as "salvage ponds," as western spadefoot eggs and tadpoles will be salvaged from these locations and placed in the mitigation ponds. These surveys were performed at the end of an "El Nino" rainfall year in which approximately 40 inches of rain fell in the 2004-2005 water year. At the time of the surveys, these basins contained ponded water for a sufficient period to allow for successful spadefoot breeding, however ponded water has been observed only rarely in subsequent years following these surveys. Concurrent surveys for western spadefoot on the adjacent project site (Tract 53189) were performed by Mr. Robson and Mr. Stewart (BonTerra 2005b). Two breeding locations that are near the Tesoro del Valle property were documented in that report and are shown on Exhibit 4. 1.6 REQUIRED MITIGATION Mitigation Measure (MM) Bio-4 in the Draft Supplemental Environmental Impact Report (Psomas 2018) requires the preparation of a Western Spadefoot Mitigation Plan to reduce the loss of western spadefoot breeding ponds to a less than significant level. The MM states the following: "...a Western Spadefoot Mitigation Plan (WSMP) shall be developed by a qualified Biologist and submitted for review and approval by the Los Angeles County Department of Regional Planning, in consultation with the CDFW. The WSMP will consist of (1) monitoring the presence and development of eggs and tadpoles within the project development area; (2) constructing ponds to replace the breeding habitat to be impacted; (3) relocating eggs and tadpoles from the project development area to the replacement ponds; and (4) monitoring and maintaining the replacement ponds to maintain conditions appropriate for western spadefoot breeding. Specifically, the WSMP shall include the following: • Responsibilities and Qualifications of the Personnel to Implement and Supervise the Plan • Site Selection • Pond Construction • Site Preparation • Inspection of Materials • Schedule • Maintenance Plan/Guidelines • Monitoring Plan Performance Standards • Signage and Fencing • Long -Term Site Management • Proof of Funding for Site Management R:\Projects\BLC\3BLC000101\Spadefoot\Tesoro Spadefoot Plan-110420.docx 5 Western Spadefoot Mitigation Plan ON Am&. �Mluo "ase RUM ,e AIR. I v \N0 , r "0 ioundaries Ak -z ry Location PSOMAS Tesoro del Valle Residential Development Project, Phases 8 and C 2.0 WESTERN SPADEFOOT TRANSLOCATION PROGRAM GOALS The overall goal of this translocation program is to create several suitable breeding ponds that provide breeding habitat for translocated western spadefoot, for the purpose of compensating for the loss of breeding habitat on the project site. This translocation program has been developed under and is consistent with the operational guidelines for improving the ecological success of artificially created wetlands intended as mitigation for wetland losses (Zedler and Shabman 2001) and conforms to applicable principles of ethical use of plant and animal salvage in ecological restoration projects (Bowler 2000). Specifically, the objectives of this program are to: 1. Identify suitable locations for replacement spadefoot ponds on the project site 2. Construct a series of replacement ponds and demonstrate that these ponds are capable of holding water to facilitate spadefoot toad breeding 3. Monitor spadefoot breeding status in existing ponds that occur within the development footprint. Western spadefoot eggs and/or tadpoles will be collected from ponds that will be impacted by project construction activities and transferred to the replacement ponds 4. Monitor the condition of the replacement ponds and perform maintenance on an as - needed basis to ensure the replacement ponds are capable of functioning as breeding habitat for western spadefoot 5. Document breeding activity for a period of at least five years after their construction to determine if the mitigation program is in compliance with performance criteria The purpose of this document is to describe proposed methods for implementing the translocation program. Although the term "translocation" may be used as a general term that includes any intentional movement of an organism in the wild into an area where it is already present (Griffith et al. 1989), it is defined herein as the movement of animals from an area where they are immediately threatened (i.e., by development) to an area where they would not be subject to habitat loss (i.e., a conservation area) (Dodd and Seigel 1991). 2.1 GENERAL STRATEGY OVERVIEW While specific aspects of the mitigation program are described in subsequent sections of this mitigation plan, this section provides a summary of the framework of the proposed mitigation activities and a general time frame for implementation. The first step in program implementation will consist of replacement pond construction at locations described in Section 3.0. Pond construction will be accomplished in late fall 2018 or early winter 2019. Ponds will be filled and monitored to confirm that they are capable of holding surface water and that pond substrates do not allow water to percolate through the pond bottoms. The existing locations within the development footprint where western spadefoot breeding activity has been documented (BonTerra Consulting 2005a, Attachment A) will be monitored during the spring of 2019. The existing breeding locations consist of several debris basins constructed in the southeastern portion of the Phase B development area, west of the terminus of Avenida Rancho Tesoro. Monitoring will be performed to identify locations where western spadefoot eggs and/or tadpoles are present so that they can be collected for translocation. Because these debris basins fill up only during years of high rainfall, temporary smaller ponds may be installed and artificially filled to provide western spadefoot with suitable breeding locations. R:\Projects\BLC\3BLC000101\Spadefoot\Tesoro Spadefoot Plan-110420.docx 6 Western Spadefoot Mitigation Plan Tesoro del Valle Residential Development Project, Phases 8 and C If western spadefoot eggs/tadpoles are identified in the existing ponds, they will be collected and translocated immediately (i.e., same day as collection) according to the procedures described in Section 6.0. Any opportunistically observed adult western spadefoot individuals will be collected and moved to appropriate habitat areas in the vicinity of the replacement pond locations. Project development will leave an island of natural open space habitat between Phase A and B development areas. This area will be surrounded by development on all sides and will not allow for any migration of small terrestrial fauna. Temporary ponds will be installed in this habitat island to collect western spadefoot eggs, tadpoles, and adults that would otherwise be trapped in this area and provide an additional source of western spadefoot for replacement pond translocation. These temporary ponds will be installed in this location during or shortly after project grading activities. Biological monitors will be present during initial grading activities. Ground vibrations caused by grading equipment may provoke western spadefoot adults to leave their below -ground burrows. Biological monitors will collect any observed adult spadefoot individuals and translocate them to appropriate habitat in the vicinity of replacement pond locations as described in Section 6.0. Ongoing monitoring and as -needed maintenance will occur for a period of at least five years to document achievement of the program's performance standards. Maintenance will consist of activities such as: (1) treating and/or removing invasive non-native plant species that are growing in or immediately adjacent to replacement ponds that have the potential to reduce pond functioning or discourage spadefoot utilization of the ponds; (2) repairing any holes or fissures in the replacement ponds that develop due to settling or animal activity to ensure ponds can maintain ponded water; and (3) providing supplemental water in the replacement ponds to maintain appropriate conditions for spadefoot breeding and tadpole development. 2.2 RESPONSIBLE PARTIES Successful mitigation program implementation will depend upon the cooperative efforts of the Project Applicant, the Landscape Contractor, and the Biological Monitor. The following section outlines the various functions and responsibilities of these entities and individuals. 2.2.1 Project Applicant BLC TESORO LLC is responsible for retaining (1) a qualified Biological Monitor to perform monitoring activities and oversee mitigation pond construction as described in this translocation program and (2) a qualified Landscape Contractor to build and maintain mitigation ponds. BLC TESORO LLC will ultimately be responsible for the successful implementation of the program described herein and for compliance with required performance standards. 2.2.2 Biological Monitor BLC TESORO LLC will retain a Biological Monitor knowledgeable of western spadefoot biology and habitat requirements that is also experienced in monitoring the implementation and maintenance of long-term mitigation programs. All monitoring activities described herein will be performed by qualified Biologists approved by the CDFW to handle western spadefoot or by qualified Biologists working under the supervision of a CDFW-approved Biologist. Qualified Biologists are defined herein as personnel with at least three years of experience in wildlife biology and that hold a valid CDFW Scientific Collecting Permit. The Biological Monitor will be responsible for directing the Landscape Contractor and any resource specialists required during program implementation to ensure compliance with specified performance standards. In all instances, the Biological Monitor will consult with and obtain R:\Projects\BLC\3BLC000101\Spadefoot\Tesoro Spadefoot Plan-110420.docx 7 Western Spadefoot Mitigation Plan Tesoro del Valle Residential Development Project, Phases 8 and C approval for any implementation plan revisions from BLC TESORO LLC, the LACDRP, and the CDFW prior to the initiation of any and all stages of plan implementation. 2.2.3 Landscape Contractor BLC TESORO LLC will be responsible for retaining a licensed Landscape Contractor experienced in (1) non-native plant species control and management in natural habitat areas and (2) the installation and maintenance of habitat mitigation programs. The Landscape Contractor will be responsible for mitigation pond construction and any necessary control of invasive weed species. The Landscape Contractor will also be responsible for coordinating with the Biological Monitor regarding all site installation and maintenance activities. 2.2.4 Long -Term Management Entity The City of Santa Clarita (City) will be responsible for maintaining the open space areas that contain the western spadefoot mitigation ponds as the Long -Term Management Entity (LTME). The fee title of the open space areas will be transferred to the City and the terms of the ongoing open space management will be described in an Open Space Management and Maintenance Agreement (OSMMA) between the City and BLC Tesoro LLC to ensure that the habitat qualities are maintained in perpetuity. Upon completion of the mitigation program (documented by written sign -off letters from the LACDRP and CDFW when the performance standards are achieved), the mitigation ponds will be maintained in the same manner as the rest of the open space. 2.2.5 Resource Agencies The LACDRP and the CDFW (collectively referred to as the "resource agencies") will be responsible for reviewing annual monitoring reports provided by the Project Biologist to confirm the mitigation program is on schedule to achieve required performance standards. Once the mitigation program has achieved the final performance standards, the resource agencies will be responsible for coordinating with the Project Applicant and the Project Biologist to confirm the successful completion of the program and to provide written confirmation that will release the Project Applicant from further maintenance and monitoring responsibilities. The County of Los Angeles will have regulatory authority over the Tesoro del Valle project area, including the open space areas that contain the western spadefoot mitigation ponds, until the project area has been annexed to the City (expected November 2021). The County of Los Angeles will be a third -party beneficiary of the OSMMA until the project area is annexed to the City, at which point the County's third -party beneficiary status will end, including the enforcement duties of open space management requirements of the OSMMA. R:\Projects\BLC\3BLC000101\Spadefoot\Tesoro Spadefoot Plan-110420.docx 8 Western Spadefoot Mitigation Plan Tesoro del Valle Residential Development Project, Phases 8 and C 3.0 MITIGATION POND SITE SELECTION Psomas Restoration Ecologist David Hughes performed a site review within the property boundary and outside project disturbance limits to identify suitable sites for construction of replacement ponds. These replacement ponds will serve as translocation sites for western spadefoot eggs and tadpoles that are salvaged from areas inside the project disturbance limits. Sites were selected based on physiography and habitat requirements of the western spadefoot life cycle. The following requirements were considered during site selection: 1. Physiography (i.e., suitable on -site and adjacent upland habitat with topography, hydrology, and geology resulting in sufficient drainage into subject sites to maximize the potential for a hydroperiod exceeding a five -week minimum during the breeding period required for spadefoot mating, larval development, and metamorphosis) 2. Access to adjacent upland habitat (i.e., suitable upland habitat for western spadefoot foraging and brumation/aestivation) 3. Access to San Francisquito Creek to allow for connectivity to and gene flow with other sub -populations of western spadefoot that occur in the immediate region 4. Avoidance of incompatible uses (e.g., existing or future disturbance, presence of sensitive biological or jurisdictional resources, areas subject to fuel modification activities) 5. Proximity to existing basins within the development footprint that have supported western spadefoot breeding. This will allow western spadefoot that inhabit upland areas outside the project disturbance limits to potentially reach the replacement ponds on their own. Exhibit 5 shows the proposed locations for the creation of replacement ponds. In addition to several proposed locations, additional alternative locations were identified as a contingency in case the proposed locations prove unsuitable for unforeseen reasons. Exhibit 5 also shows the locations of temporary ponds that will be maintained in on -site open space in the vicinity of the existing ponds. Project development will result in creation of an island of natural open space surrounded to the north and west by construction of Phase B development and surrounded to the south and east by the existing Phase A development. Therefore, any western spadefoot that inhabit this area will be isolated. To maximize the number of western spadefoot eggs and tadpoles that are recovered, temporary ponds will be created that will remain in place for at least two years after the initiation of project construction. Because pond locations are located away from any areas of expected human visitation, no protective fencing or signage is necessary. R:\Projects\BLC\3BLC000101\Spadefoot\Tesoro Spadefoot Plan-110420.docx 9 Western Spadefoot Mitigation Plan Phase G- par _ 13 13 ❑ ❑ 13 ❑ 9 - ❑ is I' Phases B & C Boundaries Phase A Boundary _ 4+r t- ❑ Existing Pond Locations < ❑ Proposed Pond Locations ' ❑ Temporary Pond Locations* - ; ' ❑ Alternate Pond Locations �"�* .° i.�+ IA _ , '�y' Aerial Source: LAR-IAC 2014 - # r i :,d�'`or Proposed Mitigation Pond Locations Exhibit 5a Western Spadefoot Mitigation Plan for Phases B and C of the Tesoro del Valle Residential Development Project N "e 500 250 0 500 S Feet (Rev: 03/07/2019 MMD) R:\Projects\BLC\3BLC000101\Graphics\HMMP\Spadefoot\ex_Proposed_Mit_Ponds.pdf Proposed Mitigation Pond Locations Western Spadefoot Mitigation Plan for Phases 8 and C of the Tesoro del Valle Residential Development Project Exhibit 5b E soo 250 o soo s Feet (Rev: 03/07/2019 MMD) R:\Projects\BLC\3BLC000101\Graphics\HMMP\Spadefoot\ex_Proposed_Mit_Ponds.pdf Tesoro del Valle Residential Development Project, Phases 8 and C 4.0 DESIGN AND CONSTRUCTION OF MITIGATION PONDS Proposed mitigation pond design is based on habitat requirements determined from the known life history of western spadefoot. Breeding habitat primarily consists of shallow, temporary rain pools that should persist for a minimum of 30 days following egg -laying. Shallow pools allow for suitable areas in which males establish territories and allow egg masses to attach to emergent vegetation and woody or other debris. Furthermore, shallow pools are more likely to dry out at the end of the season, ensuring that introduced predators of spadefoot eggs, larvae, and adults that require permanent water will not become established (e.g., African clawed frogs, bullfrogs, and crayfish). Hydroperiod, defined here as the length of time the ponds hold water, is dependent on at least three factors: (1) initial depth (a function of the amount of rainfall), (2) evaporation rate, and (3) percolation rate. De Weese (1998) recommends that ponds be constructed to mimic the diameter and depth of the existing ponds that will be impacted in an effort to duplicate the hydroperiod of the existing ponds. Therefore, replacement ponds are proposed to be approximately 2 to 3 feet deep with gradual sides. The replacement ponds will be smaller in overall surface area than the existing ponds, as constructing ponds as large as the existing debris/detention basins is not practical. Once the sites for the mitigation ponds are confirmed, the perimeter of each of the ponds shall be clearly marked in the field with survey lathe prior to pond construction and/or enhancement. Pond construction will occur as soon as is practicable given the necessary review and approval period by the CDFW, upcoming breeding season (based on observations in the 2005 survey reports), and project timeline. A qualified Biologist will be present during excavation to observe pond creation and to ensure that native vegetation within preserved open space is not incidentally impacted during grading activities. Creation of the replacement ponds will involve excavation of soils at the downhill portion of the site to form a berm that will allow for the breeding pond to be at least 2 feet deep. The upstream perimeter should remain unobstructed to allow sheet flow to enter the proposed pond. Upon completion of excavation, each pond will first be compacted with hand tools and a minimum 1-inch layer of imported clay soils will be placed on top of the compacted soils. For sandy soils that do not provide sufficient compaction, a gravel base may be added and compacted into the sandy material to provide a hard base to the ponds. The banks of the ponds should have an approximate 1:1 grade to allow small terrestrial wildlife to climb out and not become trapped. Woody debris (e.g., branches and twigs) will be placed within the pond to serve as substrate for oviposition. Upon completion of mitigation pond construction, these ponds will be filled to confirm that they are able to hold surface water for the necessary time period to facilitate spadefoot breeding. The created mitigation ponds will either be allowed to fill naturally (if a storm is predicted following their construction) or, if feasible, filled artificially using a water truck or other acceptable means so ponds will be ready for translocating spadefoot. Deionized and non -chlorinated water should be used (if available) in the amount necessary to fill the pond. If tap water is used, it should be allowed to sit for 24 hours to allow chlorine to dissipate or should be treated with de-chlor or another similar product to remove chlorine and chloromines. A hose will be used to transfer water to the bottom of the ponds to avoid erosion of the pond margins. Once the ponds have filled with water, the ability of the mitigation ponds to hold water will be monitored. If the created ponds are unable to hold water for a sufficient length of time, one of three strategies will be utilized: (1) additional soil compaction, (2) application of additional clay pond liner, or (3) installation of a subsurface plastic liner. R:\Projects\BLC\3BLC000101\Spadefoot\Tesoro Spadefoot Plan-110420.docx 10 Western Spadefoot Mitigation Plan Tesoro del Valle Residential Development Project, Phases 8 and C Temporary ponds may be created in the areas of the existing ponds/debris basins where western spadefoot have been observed in the event that rainfall is insufficient to fill existing ponds (see Section 7.2). All mitigation pond locations shown in Exhibit 5 are found in designated open space areas that will be dedicated to an appropriate land management entity, as required by MM Bio-4 in the Supplemental Environmental Impact Report (see Section 1.6). R:\Projects\BLC\3BLC000101\Spadefoot\Tesoro Spadefoot Plan-110420.docx 11 Western Spadefoot Mitigation Plan Tesoro del Valle Residential Development Project, Phases 8 and C 5.0 INNOCULATION OF CREATED MITIGATION PONDS Use of donor soils and woody debris from an existing wetland or seasonal pools to inoculate a newly created or restored system of ponds has been widely shown to "jump-start" and enhance the ultimate biological resource values of the created ponds (Brown and Bedford 1997; Wolters et al. 2000; Bartoszek and Schneider 2002), in some cases creating ponds with comparable or greater species richness and plant cover than source pools (Northen and Holve-Hensill 2000). Donor soils and woody debris will inoculate the newly created ponds with a seed bank of wetlands vegetation; aquatic invertebrates; and native algal, fungal, and bacterial communities. Placement of woody debris in the created ponds will result in a variety of microhabitat features available to breeding toads and developing larvae, as well as aquatic invertebrates and vegetation inoculated into the mitigation ponds through transfer of soil, seed bank, and water. Inoculation of the created mitigation ponds on the project site is intended to provide an ample and suitable food base for developing western spadefoot larvae. Inoculum from the existing seasonal ponds to be impacted, depending on availability, will therefore be salvaged and translocated to the created mitigation ponds after they have been constructed. Finally, leaf litter and detritus from adjacent upland scrub habitat may also be added to the created mitigation ponds to supply additional cover, nutrients, and organic material, which may be beneficial to breeding amphibians by duplicating conditions of the natural ponds (Pechmann et al. 2001). If the existing ponds are completely dry, a flat shovel will be used to dislodge and transfer intact sections of soil, to a depth of at least 2 to 3 inches, and move them to the created mitigation ponds. Each section will be approximately 1 foot by 1 foot across and 3 inches thick. The sections will be placed individually in a suitable container and translocated to the mitigation ponds. Each section will then be carefully broken up and spread across the bottom of the mitigation ponds with a hard rake. Small amounts of plant stems, leaf litter, and detritus will also be added to provide refugia, nutrients, and organic material to the pond ecosystem. R:\Projects\BLC\3BLC000101\Spadefoot\Tesoro Spadefoot Plan-110420.docx 12 Western Spadefoot Mitigation Plan Tesoro del Valle Residential Development Project, Phases 8 and C 6.0 AMPHIBIAN SALVAGE AND TRANSLOCATION 6.1 TRANSLOCATION METHODS Translocation of western spadefoot to replacement ponds is proposed to establish new permanent breeding locations. Translocating toads during the egg, larval (tadpole), or early metamorphic stages gives them an opportunity to imprint the conditions of the created ponds, thus increasing the chances that they will return there to breed (Weyrauch and Amon 2002; Stebbins and Cohen 1995). Translocation efforts proposed in the translocation program will preferentially focus on the larval stage because tadpoles are easier to move than egg masses and easier to collect than metamorphs. All tadpoles will be moved to the created mitigation ponds as they are encountered throughout the breeding season by a qualified Biologist holding the necessary permits. To encourage breeding activity prior to project construction, ponds inside the grading boundary may be filled artificially if natural rainfall is unable to adequately fill the existing ponds. While ponds are filled, adult spadefoot will be captured and translocated during a series of surveys conducted during the breeding season. Although toads may be active anytime between October and April following substantial rains, oviposition (egg laying) typically occurs between February and late May (Jennings and Hayes 1994). Translocation of larval spadefoot is proposed to begin once the breeding season has started and the mitigation ponds are created, filled, and adequately inoculated as determined by the Project Biologist. Translocation will follow husbandry guidelines developed by the Southwestern Working Group of the Declining Amphibian Populations Task Force (DAPTF 2004) and guidelines for use of live amphibians (and reptiles) in the field developed in a joint effort by the American Society of Ichthyologists and Herpetologists, The Herpetologist's League, and the Society for the Study of Amphibians and Reptiles (1987). In addition, the translocation program will follow standard guidelines for minimizing disease transmission among amphibian populations (DAPTF 1998). Spadefoot translocation will proceed as long as suitable conditions exist, up until the onset of construction. Multiple translocation events are planned and will be spaced approximately two weeks apart to capture tadpoles that form in the early and late spring. Translocation efforts will continue until no further tadpoles are observed in the salvage ponds. Tadpoles will be the focus of the translocation effort as described in detail below. However, if egg masses are still present in the ponds when it is time to move the tadpoles, they will be collected first to avoid disturbing them during the more vigorous process of tadpole collection. Locations of egg masses will be noted with pin flags, data on the water depth, distance from pond edge, and direction from the center of the pond; these notations will be made for each mass and recorded in field notes. The corresponding number will be written on each zip -lock bag. Egg masses will be moved by carefully drawing them into zip -lock bags (with the vegetation to which they are attached) and storing for less than eight hours in a temperature -controlled cooler until translocated to the mitigation ponds. One egg mass will be stored per bag. Egg masses will be "released" by placing the zip -lock bag into the mitigation pond, allowing temperature equilibration for five minutes, and transferring the egg mass from the bag to a mat or raft of vegetation in the mitigation pond. To the extent possible, each egg mass will be placed at the same distance from the pond edge, at the same depth, and the same direction from the center of the pond from which it was collected at the donor pond. Tadpoles will be collected using hand-held nets, dip nets, and seines, as site conditions permit. Tadpoles will be stored in 5-gallon buckets filled with water from the breeding pond until transferred to the mitigation ponds. Depending on their size, 50 to 100 tadpoles will be stored in each bucket. Tadpoles will be released by placing the bucket along the edge of the mitigation pond, allowing temperature equilibration for five minutes, and slowly tilting the bucket to allow escape. R:\Projects\BLC\3BLC000101\Spadefoot\Tesoro Spadefoot Plan-110420.docx 13 Western Spadefoot Mitigation Plan Tesoro del Valle Residential Development Project, Phases 8 and C Spadefoot metamorphs and adults will be captured and translocated opportunistically during the tadpole translocation effort and during initial grading activities. Adult spadefoot will be captured by hand or using dip nets and seines, as conditions permit. Spadefoot will be held in 5-gallon buckets for less than eight hours for translocation. Adults and metamorphs will be released by placing them at the edge of the mitigation pond and allowing escape into the pond. Adults in amplexus would not be disturbed, but their location would be recorded and revisited to determine if an egg mass has been deposited. If the existing ponds are still inundated when grading is scheduled and they are to be mechanically drained before construction to facilitate grading, a qualified Biologist shall be present to capture and relocate larvae (and adults if present) as the water recedes and individuals are concentrated. During mechanical draining, quarter -inch hardware cloth (screen) shall be used on the end of the siphon hose to avoid the accidental suction of larvae. 6.2 IMPLEMENTATION SCHEDULE Table 2 provide a summary timeline of the proposed schedule for implementation of and subsequent monitoring for the mitigation program. TABLE 2 IMPLEMENTATION SCHEDULE Work Tasks Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Monitor surface water x x x x x x in salvage areas Monitor spadefoot larval x x x x x development' Construct mitigation ponds x Capture and relocate eggs or x x X x tadpoles from salvage ponds Monitor surface water levels in x x X x mitigation pondsb Monitor spadefoot development in x x X x mitigation ponds' Prepare and submit as -built program x implementation report Annual monitoring of western x x x x x spadefoot usage of mitigation ponds Prepare and submit annual x monitoring reports a Monitoring of spadefoot development will continue until no further specimens are observed in the salvage ponds. b Monitoring of surface water levels and spadefoot development in mitigation ponds will continue until all tadpoles have metamorphosized and left the mitigation ponds. Note that there may be variability in the timing of these tasks based on environmental conditions. R:\Projects\BLC\3BLC000101\Spadefoot\Tesoro Spadefoot Plan-110420.docx 14 Western Spadefoot Mitigation Plan Tesoro del Valle Residential Development Project, Phases 8 and C 7.0 ADAPTIVE MANAGEMENT AND REMEDIAL MEASURES The following adaptive management strategies and remedial measures may be critical to the success of the translocation program. Ideally, a translocation program like this would be implemented over several seasons to: (1) collect baseline data and estimate the size of the existing toad population, (2) verify that the hydroperiod of mitigation ponds is adequate for larval development, (3) collect inoculum from existing ponds during the dry season, and (4) ensure that the majority of the population is translocated. Because this entire translocation program likely will be implemented over the course of one season, this section outlines procedures and measures to be implemented if it appears that certain aspects of the translocation program, as described above, may not be feasible or possible given the existing site conditions and project schedule. 7.1 MITIGATION POND INOCULATION Use of donor soils in created ponds is the preferred method of inoculating alga, bacteria, soil microbes, and seeds for facilitating their establishment. However, if the ponds to be impacted are already filled with water by the time mitigation ponds are created, eliminating the possibility of collecting soil inoculum, other measures will have to be employed. Wet season transplant of wetland plant species directly into newly created and restored ponds has been shown to be successful, in some instances resulting in plant diversities in the created ponds similar to the donor ponds (Dodero and Hanson 2000). Transfer of leaf litter and detritus from adjacent upland scrub habitat to the created mitigation ponds to supply additional cover, nutrients, and organic material (Pechmann et al. 2001) will be implemented whether the donor ponds are filled or not. 7.2 DROUGHT YEAR PROVISIONS If the project site does not receive sufficient rainfall, western spadefoot may not form the large breeding congregations necessary to create a larval population that could be translocated. The presence of surface water in the salvage area will be monitored in January, prior to the expected beginning of western spadefoot egg laying. If insufficient rain occurs to provide enough surface water (at least six inches deep) to support egg laying and subsequent western spadefoot development, smaller temporary ponds may be created within or adjacent to existing ponds, as described in Sections 3.0 and 4.0, and artificially filled to facilitate development of eggs and tadpoles for translocation. If ponded water exists in the salvage area that supports western spadefoot oviposition and larval development, surface water conditions shall be maintained by providing supplemental water as necessary until tadpoles are translocated. 7.3 HYDROPERIOD MONITORING OF CREATED MITIGATION PONDS When water levels recede in western spadefoot ponds, the density of larval amphibians increases and available food resources decrease, possibly compromising larval development and survivorship (these conditions may lead to cannibalism in larval western spadefoot [Duellman and Trueb 1994]). Therefore, prior to the beginning of the translocation program, hydrological monitoring of the replacement ponds is necessary to ensure that the hydroperiod of mitigation ponds is sufficient for successful larval development (at least five weeks). Following the natural or artificial filling of the replacement ponds, water depth will be recorded on a weekly basis to document hydrological conditions. Spadefoot larval development generally occurs during periods of relatively high and sustained rainfall (i.e., replacement ponds are not expected to hold water for five weeks based on a single filling event, due to evaporation or minor soil infiltration). If ponds are able to maintain surface water for at least one week after a filling event, then a sufficient hydroperiod shall be assumed. R:\Projects\BLC\3BLC000101\Spadefoot\Tesoro Spadefoot Plan-110420.docx 15 Western Spadefoot Mitigation Plan Tesoro del Valle Residential Development Project, Phases 8 and C Once translocation of western spadefoot has occurred, if water levels in the created mitigation ponds fall below 1 foot, using water trucks or a similar means to transfer water to the mitigation ponds may be necessary to sustain larval development. Water transfer to the mitigation ponds shall occur before water levels reach 6 inches. Imported water quality shall follow provisions described in Section 4.0. 7.4 TEMPORARY CAPTIVITY OF WESTERN SPADEFOOT If the breeding season commences and the mitigation ponds are not completed, tadpoles that are ready to metamorphose may be held in temporary ponds. Temporary ponds will consist of plastic wading pools that are located in the vicinity of the mitigation site and will be installed so that the top of the pool is at grade with the surrounding land and sand bags will be placed inside the pools to act as a ramp so that juvenile spadefoot can escape to surrounding upland areas. Topsoil from either the existing upland pools or nearby drainages would be used to cover the bottom of the wading pools. Tadpoles would be transferred following the methods described above for translocation to created pools. Tadpoles would be fed using algal mats obtained from San Francisquito Creek and supplements from the pet trade, if necessary. R:\Projects\BLC\3BLC000101\Spadefoot\Tesoro Spadefoot Plan-110420.docx 16 Western Spadefoot Mitigation Plan Tesoro del Valle Residential Development Project, Phases 8 and C 8.0 LONG-TERM MONITORING 8.1 MONITORING OF CREATED PONDS Documentation of conditions in the mitigation ponds will consist of photographs that will be taken from permanent photo locations. Photographs will be taken of each mitigation pond area prior to pond creation, after pond creation, during each site visit for western spadefoot translocation in the breeding season, and annually for each of the five years of monitoring. To the extent possible, photographs will be taken under similar weather conditions and, for annual photos, during the same time of year. Comparison of photographs through the first breeding season and during each site visit over the following years will provide a basis for qualitative evaluation of replacement pond hydrology, opportunistic vegetation establishment, and wetlands function. 8.2 WESTERN SPADEFOOT MONITORING Standardized sampling design and analysis of data is critical for annual comparison of the status of the western spadefoot (Heyer et al. 1994). Larvae are often present at the breeding site for longer periods than adults; however, adults are more conspicuous and easier to identify than larvae, so sampling both adults and larvae is often the best approach for monitoring amphibians (Scott and Woodward 1994). Therefore, the presence of egg masses, tadpoles, and adults in the created mitigation ponds will be documented as part of the long-term monitoring effort to evaluate the success of the translocation program. Presence of egg masses and tadpoles are important to document breeding, but larval numbers are poor predictors of adult population size (Scott and Woodward 1994) because most young do not reach adulthood (Heyer et al. 1994). Monitoring of larvae and adult western spadefoot toad relative abundance will be conducted three times per year for the five monitoring years when suitable conditions exist for spadefoot breeding. For the adults, one survey conducted each month in the months of February, March, and April, all within one week of a storm or series of storms that produces at least 1 inch of rainfall, are proposed. The surveys should be spaced at least three weeks apart. For the larvae, one survey conducted each month in the months of March, April, and June are proposed. The one -month lag time for the larvae surveys is to allow adult breeding, egg deposition, egg development, and larval development to occur prior to surveys. Monitoring surveys for adults and larvae in overlapping months can be conducted on the same day. Therefore, approximately four visits per year would be conducted (fewer visits would be conducted if suitable conditions do not occur for successful breeding). 8.2.1 Monitoring Larvae There are numerous ways to sample larval amphibians. Dip nets and seines are considered the most effective sampling techniques for small seasonal ponds like the ones proposed for this translocation program (Shaffer et al. 1994). However, because larval amphibians are relatively fragile, counting of larvae is proposed as an alternate sampling method (i.e. instead of dip nets and seines) to avoid potential trauma to spadefoot larvae and to minimize the potentially negative effects of the sampling activity on the created mitigation pond environment. Amphibian larvae can survive within a broad range of temperatures, although many have thermal preferences that they maintain by moving around in their environment. By seeking the higher temperatures within its preferred range, larval development and growth can be accelerated (Stebbins and Cohen 1995). Larval amphibians, including western spadefoot, often form aggregations along the shallow margins of ponds where the water is warmer, thereby increasing the rate of development. This aggregation behavior facilitates the sampling methods described below. R:\Projects\BLC\3BLC000101\Spadefoot\Tesoro Spadefoot Plan-110420.docx 17 Western Spadefoot Mitigation Plan Tesoro del Valle Residential Development Project, Phases 8 and C Surveys for larvae will consist of diurnal visual encounter surveys (Crump and Scott 2000) using counts of larvae along the edge of each mitigation pond where larval aggregations form. All larvae will be counted along the shore of each pond within 2 feet of the water's edge. During each survey, all mitigation ponds will be sampled twice (i.e., larvae will be counted two times). Each sample will be obtained by a different Biologist (when two are available) and spaced at least 15 minutes apart. All counts will start five minutes after approaching the edge of the pond (to allow disturbed larvae time to settle). The average number of larvae will be used as the estimated relative abundance for each pond. An estimate of the total population size in each pond will not be possible because samples are not taken at representative depths, and tadpoles are not evenly distributed within the ponds. 8.2.2 Monitoring Adults Western spadefoot are prolific breeders adapted to reproducing in temporary ponds. The methods of sampling the adult population therefore must take into account the conditions that induce breeding, which in this case is rainfall. The dates of the surveys in each of the five monitoring years should be as consistent as possible but must be flexible, based on the rainfall patterns for each survey year. Visual encounter surveys (Crump and Scott 2000) along a transect will be conducted at night by walking the perimeter of each created mitigation pond and counting all adult western spadefoot toads encountered. Data on the number of calling males and adults in amplexus will be recorded as subsets of the total number of adults. During each survey, all mitigation ponds will be sampled twice (i.e., two times per night). Each sample will be obtained by a different Biologist (when two are available) and spaced at least 15 minutes apart. The average number of adults will be used as the estimated relative abundance. Counts will be made for each pond and for the site as a whole. R:\Projects\BLC\3BLC000101\Spadefoot\Tesoro Spadefoot Plan-110420.docx 18 Western Spadefoot Mitigation Plan Tesoro del Valle Residential Development Project, Phases 8 and C 9.0 SITE MAINTENANCE Maintenance of the western spadefoot mitigation ponds will be performed by the Landscape Contractor on an as -needed basis as determined by the Biological Monitor. Expected maintenance tasks would involve: (1) removal of non-native vegetation; (2) mitigation pond repair; and (3) trash removal. 9.1 NON-NATIVE PLANT SPECIES CONTROL Exotic and invasive weed species control will be performed at the direction of the Biological Monitor. Construction of the mitigation ponds requires soil disturbance that tends to encourage the proliferation of non-native weedy species. Due to the compacted soil conditions that comprises the bottom of the mitigation ponds, vegetation is not expected to become established within the basins. However, non-native vegetation may germinate on the periphery of the basins where ancillary soil disturbance would occur. Before weed control is initiated, the Biological Monitor will brief the Landscape Contractor and crew regarding the identification of desirable and undesirable plant species. To avoid impacting the water quality in the mitigation ponds that is critical to the success of western spadefoot breeding, the use of herbicides will be avoided to the greatest extent possible. All weed control will be performed through hand -removal of non-native species and through the use of hand tools, such as a string trimmer. Before weed control is initiated, the Biological Monitor will brief the Landscape Contractor and crew regarding the identification of desirable and undesirable plant materials. 9.2 MITIGATION POND REPAIR In case the mitigation ponds are damaged and are not able to hold water for successful spadefoot breeding, the Biological Monitor will direct the Landscape Contractor to perform necessary repairs to restore the ponds functionality. Possible sources of damage may result from human vandalism or from subterranean wildlife such as gophers. Repairs may consist of adding additional clay for increased water retention or repairing/replacing the impermeable pond liner. 9.3 TRASH REMOVAL Minor trash removal will be performed on an as -needed basis by the Biological Monitor during regular monitoring visits. If large amounts of trash/debris are observed in the vicinity of the mitigation ponds, the Biological Monitor will contact the Landscape Contractor to haul all such material off the site. R:\Projects\BLC\3BLC000101\Spadefoot\Tesoro Spadefoot Plan-110420.docx 19 Western Spadefoot Mitigation Plan Tesoro del Valle Residential Development Project, Phases 8 and C 10.0 SUCCESS CRITERIA Success of this translocation program will be based on (1) the ability of the replacement ponds to hold water for sufficient periods to support western spadefoot breeding and (2) observed evidence of successful western spadefoot breeding activity in the replacement ponds (and temporary ponds, if applicable). Once it has been established that the replacement ponds are capable of holding water for a suitable period of time to support breeding activity, the mitigation program shall be considered partially successful. Final success will be based on documentation of at least two seasons of successful breeding by the spadefoot in numbers that are similar to previously documented levels (at least 100 tadpoles per replacement pond). A total of at least five permanent replacement ponds shall support successful breeding for the project to be considered fully successful. The methods used to monitor the larvae and adult western spadefoot at the created mitigation ponds provide an estimate of relative abundance. Conducting the annual monitoring surveys for larvae and adults using standardized methods (the same time of year, same transects, same Biologists, etc.) allows for comparisons of relative abundance between successive years and among all years. Evaluating the success of this translocation program or restoration programs in general is difficult without baseline data for comparison (De Weese 1998). Evaluation of the success of the translocation program for the western spadefoot will be quantitative and based on comparisons with observations recorded in the 2005 focused survey report and the relative abundance of larvae and adults in subsequent years. However, annual weather patterns, the amount of rainfall in particular, will have an effect on the emergence and breeding patterns of the adults. If rainfall and subsequent ponding of water are not sufficient, western spadefoot may not breed at a particular location in drought years. Comparison of relative abundance between years, and ultimately the success of the program, will have to take into account the weather patterns that occurred over the course of the monitoring period. Alternatively, replacement ponds may be artificially filled to encourage spadefoot breeding if sufficient natural rainfall does not occur to fill the replacement ponds, so that the mitigation program can be evaluated in a reasonable timeframe. A drop in the number of breeding adults (and, therefore, the relative abundance) is anticipated for the first and possibly second year of monitoring. This is because western spadefoot that are translocated as adults (if any) may either (1) not survive to the next breeding season (for a variety of reasons), or (2) emigrate from the mitigation pond area in search of their natal ponds. In addition, western spadefoot translocated as larvae may not reach sexual maturity until two years of age (Jennings and Hayes 1994) and therefore may not return to the created mitigation ponds until they are reproductively active. The combined effects of the loss of adults and the lag time associated with the maturity of the translocated young is likely to result in lower counts for the first two years of monitoring and therefore a lower relative abundance. The final three years of monitoring therefore will likely provide the best estimate of population size for comparisons with the baseline number moved and therefore is the optimal time period for evaluating translocation program success. R:\Projects\BLC\3BLC000101\Spadefoot\Tesoro Spadefoot Plan-110420.docx 20 Western Spadefoot Mitigation Plan Tesoro del Valle Residential Development Project, Phases 8 and C 11.0 LONG-TERM SITE MANAGEMENT As a part of the mitigation program, long-term management of the mitigation site will be transferred to the LTME. This section describes the ownership and long-term management of the mitigation site. 11.1 MITIGATION SITE OWNERSHIP The mitigation site will be transferred in fee to the City of Santa Clarita under the terms of an OSMMA (see Section 2.2.4). The LACDRP will be named as an enforcing party in the OSMMA until the open space areas are annexed by the City of Santa Clarita. The terms of the OSMMA will allow right -of -entry to the Project Applicant to perform the mitigation activities described herein. 11.2 LONG-TERM SITE MANAGEMENT The City of Santa Clarita will serve as the LTME for the open space areas utilized for mitigation purposes. As the LTME, the City of Santa Clarita will be responsible for preparing a Long -Term Management Plan (LTMP) for all areas to be preserved. The LTMP will describe activities such as non-native plant control, supplemental native seed mix application, trash removal, repair and maintenance of any protective fencing or signage that is erected, and public outreach to ensure compliance with the rules of the open space areas. Land management activities will be performed on a permanent basis. The LTMP must be approved by the LACDRP Biologist. 11.3 FUNDING FOR SITE MANAGEMENT A funding mechanism is required to ensure that sufficient funds are available to the LTME for the ongoing management and protection of the mitigation site. Funding will be provided by one or more of the following sources, which may include: (1) parcel taxes paid to the City of Santa Clarita's Open Space Preservation District (after the project area is annexed to the City); (2) a new Community Facilities District for maintenance purposes to be formed in the project area; or (3) establishment of a Lighting and Landscape Maintenance District (after the project area is annexed to the City of Santa Clarita). 11.4 COORDINATION WITH CDFW AND OTHER PERMITTING AGENCIES The LTMP, together with a description of proposed funding arrangement, shall be submitted to the LACDRP for review and comment prior to the recording of the first final map. The LACDRP acknowledges that the final form of these documents is subject to the review and approval of the CDFW and/or other permitting agencies, and that the documents and proposed funding arrangements are therefore subject to change. The Project Applicant shall keep the LACDRP informed of any modifications requested by the permitting agencies. R:\Projects\BLC\3BLC000101\Spadefoot\Tesoro Spadefoot Plan-110420.docx 21 Western Spadefoot Mitigation Plan Tesoro del Valle Residential Development Project, Phases 8 and C 12.0 REFERENCES American Society of Ichthyologists and Herpetologists (ASIH). 1987. The Herpetologists's League (HL), and Society for the Study of Amphibians and Reptiles (SSAR). Guidelines for use of live amphibians and reptiles in field research. Bartoszek, J., and T. Schneider. 2002. Donor soils jumpstart revegetation of created wetlands. Ecological Restoration 20:52-53. BonTerra Consulting. 2005a. Results of Focused Surveys for the Western Spadefoot for the Tesoro del Valle Phase II Project Site, Los Angeles County, California. Letter report prepared for Evans Collins Community Builders, Newport Beach, California. 2005b. Results of Focused Presence/Absence Surveys for the Western Spadefoot on the Approximate 181-Acre Burnam Project Site. Prepared for SunCal Companies, Woodland Hills, California. Bowler, P. 2000. The ethics of plant and animal salvage in ecological restoration projects. Ecological Restoration 18:262-263. Brown, S., and B. Bedford. 1997. Restoration of wetland vegetation with transplanted wetland soil. Wetlands 17:424-437. California Department of Fish and Wildlife (CDFW). 2018 (August). State and Federally Listed Endangered and Threatened Animals of California. Sacramento, CA: CDFW, Natural Heritage Division. https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentlD=109405&inline. Crump, M.L., and N.J Scott Jr. 2000. Visual Encounter Surveys. In Heyer, W.R., M.A Donnelly, R.W. McDiarmid, L.C. Hayek, and M.S. Forster (eds.) Measuring and Monitoring Biological Diversity: Standard Methods for Amphibians. Smithsonian Institution Press, Washington D.C. Declining Amphibian Population Task Force (DAPTF). 2004. The DAPTF Frog Husbandry Guidelines. Available on DAPTF website at www.fws-nmcfwru.nmsu.edu. 1998. The DAPTF fieldwork code of practice. Froglog 27. De Weese, J. 1998. Vernal pool construction monitoring methods and habitat replacement evaluation. In Witham et al. (eds.) Ecology, conservation, and management of vernal pool ecosystems — Proceedings from a 1996 conference. California Native Plant Society, Sacramento, CA. pp. 217-223. Dodd, C.K., and R.A. Seigel. 1991. Relocation, repatriation, and translocation of amphibians and reptiles: Are they conservation strategies that work? Herpetologica 47:336-350. Dodero, M., and B. Hanson. 2000. Wet -season relocation of vernal pool species improves results (California). Ecological Restoration 18:197-198. Duellman, W., and L. Trueb. 1994. Biology of Amphibians. Johns Hopkins University Press, Baltimore, Maryland. R:\Projects\BLC\3BLC000101\Spadefoot\Tesoro Spadefoot Plan-110420.docx 22 Western Spadefoot Mitigation Plan Tesoro del Valle Residential Development Project, Phases 8 and C Griffith, B., J.M. Scott, J.W. Carpenter, C. Reed. 1989. Translocation as a Species Conservation Tool: Status and Strategy. Science 245 (4917): pp. 477 - 480 doi:10.1126/science.245.4917.477. Heyer, W.R., M.A. Donnelly, R.W. McDiarmid, L.C. Hayek, and M.S. Forster (eds.) 1994. Measuring and Monitoring Biological Diversity: Standard Methods for Amphibians. Smithsonian Institution Press, Washington D.C. Jennings, M., and M. Hayes. 1994. Amphibian and Reptile Species of Special Concern in California. California Department of Fish and Game, Inland Fisheries Division, Contract No. 8023. 255 pp. Northen, P., and S. Holve-Hensill. 2000. Comparison of techniques for inoculating artificial vernal pools in California. Ecological Restoration 18: 124-125. Pechmann, J., R. Estes, D. Scott, and J. Gibbons. 2001. Amphibian colonization and use of ponds created for trial mitigation of wetland loss. Wetlands 23: 93-111. Psomas. 2018. Draft Supplemental Environmental Impact Report for Tesoro del Valle (Phases A, B, C) Project, County of Los Angeles Project No. 92074-(5), SCH 2O16101032, VTTM TR51644-1. Scott Jr., N., and B. Woodward. 1994. Surveys at breeding sites. In Heyer, W.R., M.A. Donnelly, R.W. McDiarmid, L.C. Hayek, and M.S. Forster (eds.). Measuring and Monitoring Biological Diversity: Standard Methods for Amphibians. Smithsonian Institution Press, Washington D.C. Shaffer, H.B., R. Alford, B. Woodward, S. Richards, R. Altig, and C. Gascon. 1994. Quantitative sampling of amphibian larvae. In Heyer, W.R., M.A. Donnelly, R.W. McDiarmid, L.C. Hayek, and M.S. Forster (eds.). Measuring and Monitoring Biological Diversity: Standard Methods for Amphibians. Smithsonian Institution Press, Washington D.C. Stebbins, R., and N. Cohen. 1995. A Natural History of Amphibians. Princeton University Press, Princeton, New Jersey. Weyrauch, S., and J. Amon. 2002. Relocation of amphibians to created seasonal ponds in southwestern Ohio. Ecological Restoration 20:31-36. Wolters, J., K. Rowley, C. Friese, and J. Robinson. 2000. Restoration of wetland diversity and microbial function: The use of soil amendments in created wetlands (Ohio). Ecological Restoration 18:119-121. Zedler, J., and L. Shabman. 2001. Compensatory mitigation needs improvement, panel says. Ecological Restoration 19:209-211. R:\Projects\BLC\3BLC000101\Spadefoot\Tesoro Spadefoot Plan-110420.docx 23 Western Spadefoot Mitigation Plan ATTACHMENT A WESTERN SPADEFOOT FOCUSED SURVEY REPORT (2005) C T t N G This letter report presents the results of focused surveys for the western spadefoot (Spea [Scaphiopus] hammondit) on the approximate 1,266-acre Tesoro del Valle Phase 11 site project (hereafter referred to as the project site). The project site is located in unincorporated Los Angeles County, north of the City of Y Y Santa Clarita, California (Exhibits 1 and 2). This project site was formerly known w -- as Clougherty Ranch, Surveys were conducted during appropriate environmental conditions on April 1, 14, and 28, and May 2, 2005, to determine the presence or absence of the western spadefoot on the project site. Project Location The project site is located directly south of the Angeles National Forest's Saugus Ranger District, north of Copper Hill Drive and west of San Francisquito Canyon Road. The northeastern corner of the Phase II project site covers a portion of San Francisquito Creek, which has been designated as Significant Ecological Area (SEA) No. 19 by Los Angeles County. The western portion of the project site includes the upper reach of Wayside Canyon, an unnamed blueline drainage, and two tributaries of Tapia Canyon. Adjacent land uses include agriculture, ranch style homes, residential", -development projects, and open space. The project site is located near the boundary of the U.S. Geological Survey's 7.5 Minute Newhall, California quadrangle, within Township 5N, Range 16W, and includes portions of Sections 21, 22, 27, 28, 32, and 33. Elevations on the upland portions of the project site range from approximately 1,550 feet to 1,900 feet above mean sea level (msi), i t VV N�-,-O: L Si3�T r' Mr. John Evans November 14, 2005 Page 2 Fifteen vegetation types occur on the project site. These include alluvial scrub, giant reed, chamise chaparral, sage scrub, chamise chaparral/sage scrub, sage scrub/California annual grassland, Mexican elderberry scrub, California annual grassland, hollyleaf cherry woodland, Fremont cottonwood woodland, coast live oak woodland, coast live oak/hollyleaf cherry woodland, coast live oak woodland/Mexican elderberry scrub, southern willow scrub, and ruderal. Disturbed/developed and unvegetated wash areas are also present on the project site. Background Western §p@defoot Western spadefoot is a California Species of Special Concern. This species occurs in the Great Valley and bordering foothills, in the Coast Ranges from Monterey Bay south to Baja California, Mexico (Stebbins 2003). From the Santa Clara River Valley in Los Angeles and Ventura counties southward, an estimated 80 percent of habitat for this species has been lost (Stebbins 2003). The western spadefoot breeds in quiet streams, vernal pools, and temporary ponds. This species is rarely seen outside of the breeding season. Western spadefoot toads occur in coastal sage scrub, chaparral, and grassland habitats but are most common in grasslands and mixed grassland/coastal sage scrub with vernal pools (Holland & Goodman 1998). Their breeding requires vernal pools that maintain temperatures between 48 and 86 degrees Fahrenheit and persist longer than three weeks in order to successfully metamorphose (Feaver 1971, Brown 1967). Additionally, riparian habitats with suitable water resources may be utilized but must lack fish, bullfrogs (Rana catesbeiana), African clawed frogs (Xenopus laevis), and crayfish (Procambarus clarkil) (Holland and Goodman 1998, Jennings and Hayes 1994). Terrestrial adults typically require sandy/loamy soil in order to burrow and aestivate; however, these soil types typically become hard and compacted during the summer (Ruibal et al. 1969). Aestivation occurs in upland habitats adjacent to potential breeding sites in burrows approximating three feet in depth (Stebbins 2003). Western spadefoot toads are almost entirely nocturnal with most above ground movement and breeding occurring during heavy rains (Holland and Goodman 1998, Ziener et al. 1988). They remain in underground burrows in aestivation eight to ten months of the year and emerge during relatively warm (50 to 55 degrees Fahrenheit), heavy rainfall events from January through March to breed; however, they may also emerge in any month between October and April if rainfall and temperatures are sufficient (Holland and Goodman 1998, Morey and Guinn 1992). Survey Methodology Focused surveys for the presence or absence of the western spadefoot were conducted by methodically searching all suitable, or potentially suitable, habitat for all life stages (i.e., adults, metamorphs, larvae, and egg masses). Surveys were conducted by BonTerra Consulting Senior Scientist Dr. Mike Robson, Biologist Sam Stewart, and Ecologist Jeff Wheater. Surveys for larvae and egg masses were conducted during daylight hours and involved close inspection of any pooled or ponded water. Any egg masses or larvae observed were identified to species in the field. Surveys for adults and metamorphs were conducted on four dates with appropriate environmental conditions conducive to the activity patterns for this species. Generally; these conditions are night time temperatures in excess of 50 degrees Fahrenheit and heavy rain in excess of one inch per 24 hours. Adults are also primarily nocturnal. If the preferred environmental conditions were not met, surveys were conducted under conditions that were determined to be the most favorable for the species. These surveys were initiated Mr. John Evans November 14, 2005 Page 3 approximately one hour prior to sunset and continued to two hours after sunset. Any amphibians encountered were identified in the field to species. Survey dates, times, and weather data for the surveys are shown in Table 1. TABLE 1 SUMMARY OF SURVEY DATA AND CONDITIONS FOR WESTERN SPADEFOOT SURVEYS Spadefoot Toad Survey DatesApril 1, 2005 N7A April 14, 2005 April 28, 2005 May 2, 2005 Results Western spadefoot tadpoles were observed in several pools within an unnamed drainage at one locality in the southwestem portion of the project site (Exhibit 3). These pools occur within the series of stormwater basins constructed within the drainage. Approximately ten such pools formed following heavy rains and appeared to retain water of sufficient depth and duration for western spadefoot breeding. Surveys determined that western spadefoot breeding had occurred in seven of the larger pools. Several hundred tadpoles were observed in each pool for a total of a few thousand amongst all the pools; however, no attempt was made to quantify the total number of tadpoles present. The pools are immediately adjacent to coastal sage scrub and chaparral vegetation, which represents the nearest suitable habitat for adult western spadefoot. No other temporary pools suitable for breeding were located on the project site despite heavy spring rains and subsequent flooding. Much of the topography of the project site, specifically with respect to the drainages, was dramatically altered by the heavy rainfall and flooding. Changes to drainage features consisted primarily of deeply incised banks and smooth alluvial deposition, which virtually eliminated most natural pooling features. Adult western spadefoot may also occupy other suitable habitat elsewhere on the project site, and may not have been detected due to the absence of localized breeding activity at a breeding pool. Therefore, all suitable habitat should be considered occupied by the western spadefoot. This includes the alluvial scrub, sage scrub, chamise chaparral/sage scrub, and sage scrub/ California annual grassland, California annual grassland, Fremont cottonwood woodland, southern willow scrub, and unvegetated wash vegetation types. Appropriate mitigation strategies should be included in future project plans and CEQA documentation to address any Potential impacts to the pool features or adjacent suitable habitat areas. Mr. John Evans November 14, 2005 Page 4 Please contact Tom Smith at (626) 351-2000 or Amber Oneal at (714) 444-9199 if you have questions or comments. Sincerely, BONTERRA CONSULTING Thomas E. Smith, Jr., Al Principal Attachments: Exhibits 1, 2, 3, and 4, and Appendix A R:SProjectslEvansU00fii resoro-spadefoot.111405_dpc REFERENCES Amber S. Oneal Project Manager/Ecologist Brown, H.A. 1967. Embryonic temperature adaptations and genetic compatibility of two allopatric populations of the spadefoot toad, Scaphiopus hammondii. Evolution 21(4): 742-761. CDFG. 2005. California Natural Diversity (RareFind) Database. California Department of Fish and Game, Natural Heritage Division, Sacramento, California. Feaver, P.E. 1971. Breeding pool selection and larval mortality of three California amphibians: Ambystoma tigrinum californiense, Hyla regilla, and Scaphiopus hammondii. MA Thesis, Fresno State College, Fresno, California. Fellers, G.M., and K.L. Freel. 1995. A Standardized Protocol for Surveying Aquatic Amphibians. U.S. Department of the Interior, National Park Service, National Biological Service, Cooperative Park Studies Unit, University of California, Davis, Technical Report (NPSMRUCINRTR-95-01), v + 117 pp Grinnell, J., and C.L. Camp. 1917. A Distributional List of the Amphibians and Reptiles of California. University of California Publications in Zoology 17 (10); 127-208. Holland, D.C., and R.H. Goodman Jr. 1998. A guide to the amphibians and reptiles of MCB Camp Pendleton, San Diego County, California. Final report prepared for ACIS Environmental Security Resources Management Division under Contract M00681-94- 0039, Holland, R.F. 1986. Preliminary Descriptions of the Terrestrial Natural Communities of California, Non -game Heritage Program. California Department of Fish and Game. Jennings, M.R., and M.P. Hayes. 1994. Amphibian and Reptile Species of Special Concem in California. Final report to the California Department of Fish and Game, Inland Fisheries Division, Rancho Cordova, California. Contract 8023. iii + 255 pp. Mr. John Evans November 14, 2005 Page 5 Michael Brandman Associates (MBA). 1993, Biota Report for the Proposed Tesoro del Valle (Formerly Clougherty Ranch) Project, Los Angeles County, California, MBA, Santa Ana, California. Morey, S.R., and D.A. Guinn, 1992. Activity patterns, food habits, and changing abundance in a community of vernal pool amphibians, Pp. 149-158 In: D.F. Williams, S. Byrne, and T.A. Rado (editors), Endangered and sensitive species of the San Joaquin Valley, California: Their biology, management, and conservation. The California Energy Commission, Sacramento, California, and the Western Section of the Wildlife Society, Ruibal, R., L. Tevis, Jr., and V. Roig. 1969. The terrestrial ecology of the spadefoot toad Scaphiopus hammondii. Copeia 3: 571-584, Stebbins, R.C. 2003. A Field Guide to Western Reptiles and Amphibians. 3rd ed. Houghton - Mifflin Company. Boston, Massachusetts. Zeiner, D.C., W.F. Laudenslayer Jr., K.E. Mayer, M. White, eds. 1988. California's Wildlife, Vol. 9: Amphibians and Reptiles. California Department of Fish and Game, The Resources Agency, Sacramento, California. I l� eClaritaF PalmdaleCastaicLake. Angeles National Simi Valley 11� �� �A i1 �. Forest Glendale Calabasas 1 _ iPasadena - L 27 �I 23 \` 2 \-� ��- Wes�llywood \ ji West Covina Santa Monica Los Angeles 197 so Whittier PACIFIC OCEAN Regional Location Tesoro del Valle Phase ll N wE 10 5 0 10 s Miles 13 Carson Buena rk Anaheim �y Palos Verdes a Long Beach 22 \ s tmi s er S Beach Santa Ana 39 55 Hu ingt n Costa M a -_ Exhibit 1 cn iphics\ez1 RL_041305.pdf Pond where western spadefoot toads were observed. Pond where western spadefoot toads were observed. ;► � L Rh:..9��• �} t, .'ems. y� '+`,► �. m ,1 r r ' Western spadefoot tadpole. A r = T \ R S Photos Tesoro del Valle Phase 11 Y Exhibit 4 m;F�- ,q C 0 N S U i T f N G R:\Projects\Evans\J006\Graphics\Ex4toad_SP_102105.pdf APPENDIX A WILDLIFE SPECIES OBSERVED BY BONTERRA CONSULTING ON THE TESORO DE VALLE PHASE II PROJECT SITE AMPHIBIANS PELOBATIDAE -- SPADEFOOT TOADS Spea [Scaphiupus] hammondii western s adefoot BUFONIDAE - TRUE TOADS Bufo boreas western toad HYLIDAE - TREEFROGS Pseudacris [Hylaj regilla acific treefro REPTILES PHRYNOSOMATIDAE - ZEBRA -TAILED, FRINGE -TOED, SPINY, TREE, SIDE-RILOTCH!=D, AND HORNED LIZARDS Phrynosoma coronatum coast horned lizard Sceloporus occidentalis western fence lizard Uta stansburiana side -blotched lizard ANGUIDAE- ALLIGATOR LIZARDS Elgaria multicarinata southern alligator lizard TEIIDAE - WHIPTAILS and RACERUNNERS Aspidoscelis tigris stejnegen [Cnemidophorus tigris multiscutatis] coastal whi tail ANNIELLIDAE - NORTH AMERICAN LEGLESS LIZARDS Anniella pulchre pulchra silve le less lizard SCINCIDAE - SKINKS Eumeces skiltonianus western skink COLUBRIDAE -- COLUBRID SNAKES Masticophis flagellum psouthern hi ltis rhelleri ae ki ate sna E- reganus Pacific rattlesnake ODONTOPHORIDAE - QUAILS Callipepla californica California quail CARTHARTIDAE- NEW WORLD VULTURES Cathartes aura turkey vulture rM APPENDIX A (Continued) WILDLIFE SPECIES OBSERVED ON THE TESORO DE VALLE PHASE II PROJECT SITE ACCIPITRIDAF- KITES, HAWKS, EAGLES Accipter cooperii Coo er's hawk Elanus feucurus white-tailed kite Circus cyaneus northern harrier Accipiter stria tus sharp -shinned hawk Buteo `amaicensiS red-tailed hawk FALCONIDAE- FALCONS Falco sparverfus American kestrel CHARADRIIDAE- PLOVERS Charadrius vociferous Killdeer COLUMBIDAE -- PIGEONS and DOVES Columba fivia rock eon" Zenaida macroura Mourning dove TYTONIDAE - BARN OWLS Tyro afba barn owl STRIGIDAE - TRUE OWLS Bubo virginianus reat horned owl CAPRIMULGIDAE - GOATSUCKERS Chordeifes acutipennis lesser ni ht hawk TROCHILIDAE - HUMMINGBIRDS Cafypte anna Anna's hurnmin bird PICIDAE - WOODPECKERS Melanerpes formicivorus acorn wood esker Picoides nuttaffii Nuttall's wood -melee TYRANNIDAE _ TYRANT FLYCATCHERS Sayornis nigncens black hoebe Tyrannus verticafis western kin bird CORVIDAE - JAYS and CROWS Aphelocoma californica f western scrub jam Corvus corax common raven ( ALAt1®113AE- LARKS I Ererropfifa aipestrrs -_-___ _----_ � _---- `-._ ------ i A-2 APPENDIX A (Continued) WILDLIFE SPECIES OBSERVED ON THE TESORO DE VALLE PHASE II PROJECT SITE HIRUNDINIDAE - SWALLOWS Nirundo rustica barn swallow PARIDAE - TITMICE Baeolophus inornatus oak titmouse AEGITHALIDAE- BUSHTITS Psaltriparus minimus Bushtit TROGLODYTIDAE - WRENS Thryomanes bewickii Bewick's wren Troglodytes aedon house wren REGULIDAE - KINGLETS Regulus calendula rub -crowned kin let TURIDIDAE - THRUSHES and ROBINS Sialia mexicana western bluebird TIMALIIDA - WRENTITS Chamaea fasciata Wrentit MIMIDAE - THRASHERS Mimes polyg'o'tos northern moekin bird Toxostoma redivivum California thrasher PTILOGONATIDAE - SILKY -FLYCATCHERS Phainopepla nitens Phaino a la STURNIDAE - STARLINGS Sturnus vulgans luro can starlin EMBERIZIDAE - SPARROWS and JUNCOS Pipilo maculatus s otted towhee Pipilo crissalis California towhee Aimophila rufrceps rufous -crowned sparrow Chondestes grammacus lark s arrow Melospiza melodia son s arrow ICTERIDAE _BLACKBIRDS uphagus cyanocep hafus Brewer's i�fackbird FRINGILLIiiAE - FINCHES Cartiuelis psaltria lesser 0ldfinch A-3 APPENDIX A (Continued) WILDLIFE SPECIES OBSERVED ON THE TESORO DE VALLE PHASE 11 PROJECT SITE Carduelis tristis American goldfinch Carpodacus mexicanus house finch PASSERIDAE - OLD WORLD SPARROWS Passer domesticus houses arrow i MAMMALS SCIURIDAE - SQUIRRELS Spermophilus beecheyi California ground squirrel LEPORIDAE - HARES and RABBITS Sylvilagus audubonii desert cottontail PROCYONIDAE - RACCOONS Procyon lotor common raccoon MUSTELIDAE - WEASELS, SKUNKS and OTTERS Mephitis mephitis striped skunk FELIDAE - CATS Puma [Felis] concolor mountain lion CERVIDAE -- DEERS Odocoileus hemionus mule deer ❑IDELPHIDAE - NEW WORLD OPOSSUMS Didelphis virginiana Vir inia opossum CANIDAE - WOLVES and FOXES Canis latrans Coyote neon-nativespecies A-4 DocuSign Envelope ID: B298EF62-059B-4CE7-9593-EOC87BB28DAE CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE SOUTH COAST REGION 3883 RUFFIN ROAD SAN DIEGO, CA 92123 STREAMBED ALTERATION AGREEMENT NOTIFICATION No. 1600-2020-0101-R5, REVISION 3 Cajon Creek/Santa Clara River BLAINE PETERSON AND BARRY VILLINES BLC TESORO LLC. TESORO PHASES B AND C PROJECT �ALIFtJRNIA FISH & WILDLIFE This Streambed Alteration Agreement (Agreement) is entered into between the California Department of Fish and Wildlife (CDFW) and BLC Tesoro LLC. (Permittee) as represented by Blaine Peterson and Barry Villines. RECITALS WHEREAS, pursuant to Fish and Game Code (FGC) section 1602, Permittee notified CDFW on April 30, 2020, that Permittee intends to complete the project described herein. WHEREAS, pursuant to FGC section 1603, CDFW has determined that the project could substantially adversely affect existing fish or wildlife resources and has included measures in the Agreement necessary to protect those resources. WHEREAS, Permittee has reviewed the Agreement and accepts its terms and conditions, including the measures to protect fish and wildlife resources. NOW THEREFORE, Permittee agrees to complete the project in accordance with the Agreement. PROJECT LOCATION The Tesoro Phase B and C project (Project) is located in an unincorporated portion of Los Angeles County, immediately north of the City of Santa Clarita. The current Project is a build -out of a previous residential development project, the Tesoro del Valle residential project, and is located immediately north of it. The Project site can be located using the following information: Latitude 34.477049' N, Longitude-118.557861 ° W; USGS 7.5 Minute Quadrangle Map Name Newhall, Township 5 North, Range 16 West, Section 21- 22, Assessor's Parcel Numbers 3244-160-017, 3244-160-018, 3244-160- 019, and 3244-160-020. DocuSign Envelope ID: B298EF62-059B-4CE7-9593-EOC87BB28DAE Notification #1600-2020-0101-R5, Revision 3 Streambed Alteration Agreement Page 2 of 33 In a previous Streambed Alteration Agreement (1600-1999-0126-R5), Phase A of the Tesoro del Valle Residential Development project was completed. Single-family detached homes and trails were installed within the Phase A construction site. The Project impacted 1.74 acres of streambed habitat (including 0.5 acres of cottonwood - willow riparian habitat) and 5.23 acres of alluvial sage scrub habitat via grading and vegetation removal. This Agreement (1600-2020-0101-R5) covers and supersedes the previous Agreement (1600-1999-0126-R5). The proposed Project involves the buildout of Phases B and C of the Tesoro del Valle Residential Development Project site. The Project's grading footprint impacts approximately 400 acres on which 820 homes would be created, consisting of 455 single-family detached homes and 365 age -qualified senior homes. Additionally, the Project consists of the development of 19.5 acres of parks and other recreational amenities, including trails; a 1.3 acre helispot; 7 debris basins, an internal circulation system, associated infrastructure, and utility systems. Project construction will involve mass grading of approximately 9.5 million cubic yards of soil, which will be balanced on site. Rough grading will consist of earth -moving activities for major roads, infrastructure, and developable sites for the various land uses on the Project site. A single access point for construction equipment will occur at the northern end of Avenida Rancho Tesoro, which is the southeast corner of the development footprint. Rough grading will occur in stages to ensure that erosion of soils to off -site areas will be prevented. Rough grading operations will be performed in four overlapping stages over an approximate one-year period: • Stage 1 of Project construction (approximately 40 acres) will occur in the southeast corner of Phase B, consisting of approximately one week for vegetation clearing (i.e., clear and grub) and four months of rough grading. • Stage 2 will begin shortly after the beginning of Stage 1 construction. Stage 2 construction (approximately 210 acres) will occur in the center of Phase B (consisting of the majority of Phase B). Construction will require approximately two weeks for vegetation clearing and seven months of rough grading. • Stage 3 construction will begin approximately five to six months after Stage 1 construction begins. Stage 3 construction (approximately 70 acres) will occur in the northwestern portion of Phase B, consisting of approximately two weeks for vegetation clearing and five months of rough grading. • Stage 4 construction will begin approximately three to four months after Stage 1 construction begins. Stage 4 construction (approximately 80 acres) will occur in the southwestern portion of Phase C, consisting of approximately two weeks for vegetation clearing and seven months of rough grading. DocuSign Envelope ID: B298EF62-059B-4CE7-9593-EOC87BB28DAE Notification #1600-2020-0101-R5, Revision 3 Streambed Alteration Agreement Page 3 of 33 There are 28 total drainages on the Project site, 11 of which will be impacted by rough grading activities and 4 of which will be impacted by fuel modification activities [Exhibit A]. In addition to grading, Drainages 17, 19, 21, 24, and 27 will also be impacted by the installation of debris basins. Drainage 20 will be converted to a water quality basin. The impacts to each individual drainage are summarized in Table 1. Vegetation clearing will be performed by bull dozers with vegetation cutting attachments. Rough grading activities within the 400-acre development area will result in the placement of earthen fill within 9.31 acres of streambed features and riparian vegetation (detailed in Table 2). Project activities to each individual drainage are detailed below. Within the upper portion of Drainage 13, compacted earthen fill will be placed within the creek bed via grading. Flows that would normally be conducted through on -site tributaries into the off -site main stem of Drainage 13 will no longer occur. Additionally, existing vegetation in fuel modification Zone B will be replaced with fire-resistant native vegetation to reduce the potential of fire spreading. Within the upper and middle portions of Drainage 14, compacted earthen fill will be placed within the creek bed via grading. Tributaries that would normally conduct flows from the Project area to the off -site portion of Drainage 14 will be graded over. However, seasonal flows will likely still occur due to the construction of various graded slopes that will drain into Drainage 14. Within the upper portion of Drainage 16, compacted earthen fill will be placed within the creek bed via grading. Tributaries that would normally drain into the main stem of Drainage 16 will be graded over and no longer provide flows. An outlet structure will be installed at the grading limits of Drainage 16 to conduct seasonal flows offsite. Additionally, existing vegetation in fuel modification Zone B will be replaced with fire- resistant native vegetation to reduce the potential of fire spreading. Within the majority of Drainage 17, compacted earthen fill will be placed within the creek bed via grading. Flows that would normally enter from off site into Drainage 17 will enter through an inlet structure into a debris basin. The debris basin will be constructed in the upper portion of the drainage to capture runoff coming on site. Within the upper portion of Drainage 18, compacted earthen fill will be placed within the creek bed via grading. Tributaries that would normally conduct flows from the Project area to the off -site portion of Drainage 18 will be graded over. However, seasonal flows will likely still occur due to the construction of various graded slopes that will drain into Drainage 18. Additionally, existing vegetation in fuel modification Zone B will be replaced with fire-resistant native vegetation to reduce the potential of fire spreading. Within the lower portion of Drainage 19, compacted earthen fill will be placed within the creek bed via grading. DocuSign Envelope ID: B298EF62-059B-4CE7-9593-EOC87BB28DAE Notification #1600-2020-0101-R5, Revision 3 Streambed Alteration Agreement Page 4 of 33 Within the lower portion of Drainage 20, compacted earthen fill will be placed within the creek bed via grading. An existing partial basin in Drainage 20 will be regraded to perform as a water quality basin. Runoff that would have normally flowed onto the Project site will be directed through a constructed inlet structure and into the water quality basin. Within the lower portion of Drainage 21, compacted earthen fill will be placed within the creek bed via grading. Runoff flowing into Drainage 21 will enter through an inlet structure to be captured in a debris basin located in the upper portion of the drainage. Additionally, existing vegetation in fuel modification Zone B will be replaced with fire- resistant native vegetation to reduce the potential of fire spreading. Within the upper portion of Drainage 24, compacted earthen fill will be placed within the creek bed via grading. Tributaries that would normally drain into the main stem of Drainage 24 will be graded over and no longer provide flows. A debris basin will be constructed in the upper portion of the drainage to capture runoff through an inlet structure. An outlet structure will be constructed to conduct flows piped from the basin to the off -site portion of Drainage 24. Within Drainage 26, compacted earthen fill will be placed within the creek bed via grading. Any flows that would have occurred seasonally will no longer occur. Within the lower portion of Drainage 27, compacted earthen fill will be placed within the creek bed via grading. Tributaries that would normally flow into the off -site portion of Drainage 27 will be graded over and no longer provide flows. A debris basin will be constructed in the upper portion of the drainage to capture runoff through an inlet structure. An outlet structure will be constructed at the grading limits of the Project site to conduct any basin flows offsite. Within the upper portion of Drainage 28, compacted earthen fill will be placed within the creek bed via grading. Runoff that would normally flow down a steep hill will no longer occur through natural tributaries. However, runoff will likely still flow off site due to the site's slope and elevation. Drainages 1-12, 15, 22-23, and 25 will not be impacted by Project activities. A fuel modification zone (Zone B), defined as an area created to reduce the potential of fire spreading, will be established Phase B and will extend beyond the Project's grading limits. The Project's Zone B area (7.94 acres) requires the one-time removal of fire - prone vegetation and replacement with fire-resistant vegetation receiving irrigation. In all, a total of 0.06 acre of streambed features (detailed in Table 3) occur in the Zone B fuel modification zone. Fuel modification activities in this 0.06 acre area includes: (1) removal of combustible plant species [chamise (Adenostoma fasciculafum), California sagebrush (Artemesia califomica), and California buckwheat (Eriogonum fasiculatum)]; DocuSign Envelope ID: B298EF62-059B-4CE7-9593-EOC87BB28DAE Notification #1600-2020-0101-R5, Revision 3 Streambed Alteration Agreement Page 5 of 33 (2) removal of dead/dying plant material; (3) pruning lower limbs of trees and tree -like tall shrubs to reduce continuity of fuels; (4) trimming annual grasses to a maximum height of four inches; and (5) irrigating Zone B areas 1-2 times per month in perpetuity to maintain high fuel moisture. Table 1. Direct Im acts to Drainage Features Jurisdictional Area Impacted (acres) Within Fuel Modification Zones Not Impacted (acres) Total (acres) Drainage 1 - - 0.24 0.24 Drainage 2 - - 0.25 0.25 Drainage 3 - - 0.54 0.54 Drainage 4 - - 1.62 1.62 Drainage 5 - - 0.08 0.08 Drainage 6 - - 0.09 0.09 Drainage 7 - - 0.84 0.84 Drainage 8 - - 33.73 33.73 Drainage 9 - - 2.83 2.83 Drainage 10 - - 0.52 0.52 Drainage 11 - - 0.67 0.67 Drainage 12 - - 0.27 0.27 Drainage 13 0.88 0.03 2.71 3.62 Drainage 14 0.59 - 1.26 1.85 Drainage 15 - - 0.15 0.15 Drainage 16 0.22 0.01 0.65 0.88 Drainage 17 1.99 - 0.03 2.02 Drainage 18 0.51 0.01 7.35 7.87 Drainage 19 0.56 - 0.10 0.66 Drainage 20 0.37 - 0.04 0.41 Drainage 21 0.93 0.01 0.44 1.38 Drainage 22 - - 0.52 0.52 Drainage 23 - - 0.88 0.88 Drainage 24 1.18 - 6.79 7.97 Drainage 25 - - 0.11 0.11 Drainage 26 0.38 - 0.10 0.48 Drainage 27 1.67 - 0.43 2.10 Drainage 28 0.03 - 0.20 0.23 Total 9.31 0.06 63.44 72.81 DocuSign Envelope ID: B298EF62-059B-4CE7-9593-EOC87BB28DAE Notification #1600-2020-0101-R5, Revision 3 Streambed Alteration Agreement Page 6 of 33 Table 2. Vegetation Impacts to Ephemeral Non -Wetland Drainages Vegetation Types Acres chamise chaparral 2.87 chamise chaparral/sage scrub 2.80 southern riparian scrub 1.43 blue elderberry scrub 0.84 mixed chaparral/alluvial scrub/annual grassland 0.54 coast live oak woodland 0.23 sage scrub 0.19 sage scrub/annual grassland 0.04 chamise chaparral/annual grassland 0.02 unvegetated debris basin 0.35 Total 9.31 Table 3. Fuel Modification Impacts to Drainage Features Feature Within Fuel Modification Zones Acres Linear Feet Associated Vegetation Type Drainage 13 0.03 110 coast live oak woodland Drainage 16 0.01 70 chamise chaparral/sage scrub Drainage 18 0.01 85 sage scrub/annual grassland Drainage 21 0.01 20 chamise chaparral/sage scrub Total 0.06 285 PROJECT IMPACTS Existing fish or wildlife resources the Project could substantially adversely affect based on information received from the Permittee include: Fishes: unarmored threespine stickleback (Gasterosteus aculeatus williamsonl), Santa Ana sucker (Catostomus santaanae), arrovo chub (Gila orcutti); Amphibians: western spadefoot toad (Spea hammondil), Pacific salamander (Dicamptodontidae), California tree frog (Pseudacris cadaverina), western toad (Anaxyrus boreas); Reptiles: San Diego coast horned lizard (Phrynosoma coronatum), coastal western whiptail (Aspidoscelis tigris), gartersnake (Thamnophis sirtalis), rattlesnake (Crotalus oreganus), silvery legless lizard (Anniella pulchra); Birds: red-tailed hawk (Buteo jamaicensis, burrowing owl (Athene cunicularia), Bell's sage sparrow (Artemisiospiza belh), finches (Fringilidae), crows (Corvus), loggerhead shrike (Lanus ludovicianus), white-tailed kite (Elanus leucurus), California quail (Callipepla califomica), Anna's hummingbird (Calypte anna); Mammals: San DocuSign Envelope ID: B298EF62-059B-4CE7-9593-EOC87BB28DAE Notification #1600-2020-0101-R5, Revision 3 Streambed Alteration Agreement Page 7 of 33 Diego woodrat (Neotoma lepida), San Diego black -tailed jackrabbit (Lepus californicus), mouse (Mus musculus), coyote (Canis latrans), California ground squirrel (Otospermophius beecheyi), mule deer (Odocoileus hemionus), desert cottontail (Sylvilagus audubonii), pocket gopher (Geomyidae); Plants: Riversidean alluvial fan sage scrub, southern cottonwood -willow riparian woodland, coast live oak woodland, and mainland cherry forest, which provides habitat for those species: willows (Salix), mulefat scrub (Baccharis salicifolia), cottonwoods (Populus), oaks (Quercus), sycamores (Platanus occidentalis), and Pierson's morning glory (Calystegia peirsonii), slender -horned spineflower (Qodecehema leptoceras), and Nevin's barberry (Mahonia nevinii), and all other fish and wildlife resources in the area. The adverse effects the Project could have on the fish or wildlife resources identified above include loss of natural bed or bank; change in contour of bed, channel, or bank; change in gradient of bed, channel, or bank; degradation or aggradation of channel; accelerated channel scour; loss of bank stability during construction; increase of bank erosion during construction; soil compaction or other disturbance to soil layer; restriction or increase in sediment transport; debris transport impedance (from culverts and bridges); increased turbidity; increased sedimentation (chronic or episodic); change in pH; short-term release of contaminants (e.g., incidental from construction); long-term release of contaminants (e.g., concrete, creosote, wood preservative leachates); change in composition of channel materials (large woody debris or substrate particle size); change in water temperature; change in dissolved oxygen (DO); change in channel cross-section (confinement or widening); loss or decline of riparian and/or emergent marsh habitat; decline of vegetative diversity; colonization by exotic plant or animal species; loss or decline of instream channel habitat; loss or decline of instream woody material; change to, loss, or decline of natural bed substrate; direct take of fish and other aquatic species; construction pits and trenches that can capture terrestrial organisms; disruption to nesting birds and other wildlife; direct take of terrestrial species; disturbance from Project activity; loss or decline of aquatic species' habitat: migration corridors, spawning, or rearing areas; loss of connection to hyporheic zone; loss of wildlife connectivity to water source; loss or impediment of terrestrial animal species travel routes due to permanent structures; loss or impediment of terrestrial animal species travel routes due to permanent and/or temporary structures (e.g., survey tape, sandbags, erosion protection materials etc.); change in shading or insolation leading to vegetative change; change in stream flow (Q); diversion of flow water from, or around, activity site; change in flow depth, width or velocity; habitat fragmentation below intake; change in hydrology below intake; change (increase or decrease) in sediment delivery below intake; flow restriction (with risk of culvert or bridge failure); change in percolation; change in channel form (e.g., loss of pools or riffles); effect on another water Project on the same watercourse; impediment to migration of aquatic and terrestrial species; and direct loss of resources for aquatic organisms. The Project would permanently impact 9.37 acres of ephemeral drainage, including 9.31 acres of ephemeral drainage in the Project area (Table 2) and 0.06 acres within the fuel modification zone (Table 3). The Project will also indirectly impact 11.44 acres of DocuSign Envelope ID: B298EF62-059B-4CE7-9593-EOC87BB28DAE Notification #1600-2020-0101-R5, Revision 3 Streambed Alteration Agreement Page 8 of 33 Drainages 13, 16, 24 and 27 due to flow reduction resulting from grading on -site tributaries. Project impacts are due to grading, vegetation removal, changes in hydrology, and creation of a fuel modification zone. Twelve trees shall be removed from the Project site, including 11 coast live oak (Quercus agrifolial) and 1 scrub oak (Quercus berberidfolia). Specific impacts to jurisdictional areas include: Drainage 13 — A portion of Drainage 13 will be filled, which will permanently impact 0.88 acres of chamise chaparral habitat. On -site grading activities will reduce flow into the ungraded portion of Drainage 13, resulting in indirect impacts to 4.36 acres of chamise chaparral habitat. Additionally, 0.03 acres of chamise chaparral habitat will be permanently impacted in fuel modification Zone B by vegetation replacement. • Drainage 14 - A portion of Drainage 14 will be filled, which will permanently impact 0.59 acres of chamise chaparral/sage scrub habitat. Drainage 16 - A portion of Drainage 16 will be filled, which will permanently impact 0.21 acres of chamise chaparral/sage scrub habitat. On -site grading activities will reduce flow into the ungraded portion of Drainage 16, resulting in indirect impacts to 0.55 acres of chamise chaparral/sage scrub habitat. Additionally, 0.01 acres of chamise chaparral/sage scrub habitat will be permanently impacted in fuel modification Zone B by vegetation replacement. • Drainage 17 - A portion of Drainage 17 will be filled and graded, which will permanently impact 1.99 acres of chamise chaparral/sage scrub habitat. A debris basin will be constructed within the upper portion of Drainage 17. • Drainage 18 - A portion of Drainage 18 will be filled and graded, which will permanently impact 0.51 acres of sage scrub/annual grassland habitat. Additionally, 0.01 acres of sage scrub/annual grassland habitat will be permanently impacted in fuel modification Zone B by vegetation replacement. • Drainage 19 - A portion of Drainage 19 will be filled and graded, which will permanently impact 0.56 acres of chamise chaparral/sage scrub habitat. A debris basin will be constructed within the upper portion of Drainage 19. • Drainage 20 - A portion of Drainage 20 will be filled and graded, which will permanently impact 0.37 acres of chamise chaparral/annual grassland habitat. An existing partial basin in Drainage 20 will be regraded to perform as a water quality basin. • Drainage 21 - A portion of Drainage 21 will be filled and graded, which will permanently impact 0.93 acres of chamise chaparral/sage scrub habitat. Additionally, 0.01 acres of chamise chaparral/sage scrub habitat will be DocuSign Envelope ID: B298EF62-059B-4CE7-9593-EOC87BB28DAE Notification #1600-2020-0101 -R5, Revision 3 Streambed Alteration Agreement Page 9 of 33 permanently impacted in fuel modification Zone B by vegetation replacement. A debris basin will be constructed within the upper portion of Drainage 21. • Drainage 24 - A portion of Drainage 24 will be filled and graded, which will permanently impact 1.18 acres of chamise chaparral/sage scrub habitat. On -site grading activities will reduce flow into the ungraded portion of Drainage 24, resulting in indirect impacts to 6.08 acres of holly -leaf cherry woodland habitat. A debris basin will be constructed within the upper portion of Drainage 24. • Drainage 26 - A portion of Drainage 26 will be filled and graded, which will permanently impact 0.38 acres of chamise chaparral/sage scrub habitat. • Drainage 27 - A portion of Drainage 27 will be filled and graded, which will permanently impact 1.67 acres of chamise chaparral/sage scrub habitat. On -site grading activities will reduce flow into the ungraded portion of Drainage 27, resulting in indirect impacts to 0.45 acres of chamise chaparral/sage scrub habitat. Additionally, a debris basin will be constructed within the upper portion of Drainage 27. • Drainage 28 - A portion of Drainage 28 will be filled and graded, which will permanently impact 0.03 acres of chamise chaparral/sage scrub habitat. MEASURES TO PROTECT FISH AND WILDLIFE RESOURCES 1. Administrative Measures Permittee shall meet each administrative requirement described below. 1.1 Documentation at Project Site. Permittee shall make the Agreement, any extensions and amendments to the Agreement, and all related notification materials and California Environmental Quality Act (CEQA) documents, readily available at the project site at all times and shall be presented to CDFW personnel, or personnel from another state, federal, or local agency upon request. 1.2 Providing Agreement to Persons at Project Site. Permittee shall provide copies of the Agreement and any extensions and amendments to the Agreement to all persons who will be working on the Project at the Project site on behalf of Permittee, including but not limited to contractors, subcontractors, inspectors, and monitors. 1.3 Notification of Conflicting Provisions. Permittee shall notify CDFW if Permittee determines or learns that a provision in the Agreement might conflict with a provision imposed on the Project by another local, state, or federal agency. In that event, CDFW shall contact Permittee to resolve any conflict. DocuSign Envelope ID: B298EF62-059B-4CE7-9593-EOC87BB28DAE Notification #1600-2020-0101-R5, Revision 3 Streambed Alteration Agreement Page 10 of 33 1.4 Project Site Entry. Permittee agrees that CDFW personnel may enter the Project site at any time to verify compliance with the Agreement. 1.5 Personnel Compliance On Site. If the Permittee or any employees, agents, contractors and/or subcontractors violate any of the terms or conditions of this agreement, all work shall terminate immediately and shall not proceed until CDFW has taken all of its legal actions. 1.6 Pre -Project Briefing. A pre -project meeting/briefing shall be held involving all the contractors, subcontractors, and volunteers, concerning the conditions in this Agreement. 1.7 Notification Requirements. CDFW requires that the Permittee: 1.7.1 Immediately notify CDFW in writing if monitoring reveals that any of the protective measures were not implemented during the period indicated in this program, or if it anticipates that measures will not be implemented within the time period specified. 1.7.2 Immediately notify CDFW if any of the protective measures are not providing the level of protection that is appropriate for the impact that is occurring, and recommendations, if any, for alternative protective measures. CDFW shall verify compliance with protective measures to ensure the accuracy of the Permittee's monitoring and reporting efforts. 1.7.3 CDFW may, at its sole discretion, review relevant documents maintained by the Permittee, interview the Permittee's employees and agents, inspect the work site, and take other actions to assess compliance with or effectiveness of protective measures in this Agreement 1.8 Implementation Requirements. The agreed work includes activities associated with the Project Location and Project Description that is provided above. Specific work areas and mitigation measures are described on/in the plans and documents submitted by the Permittee with the Notification Package, and shall be implemented as proposed unless directed differently by this Agreement. 1.9 Designated Biologist. Permittee shall submit to CDFW in writing the name, qualifications, business address, and contact information for Designated Biologist thirty (30) days prior to initiating Project activities. The Designated Biologist is an individual experienced with construction level biological monitoring and who is able to recognize species in the Project area and who is familiar with the habits and behavior of those species. The Designated Biologist shall have academic and professional experience in biological sciences and related resource management activities as it pertains to this Project. The Designated Biologist shall be knowledgeable and experienced in the biology and natural history of local fish and wildlife resources present at the Project site. DocuSign Envelope ID: B298EF62-059B-4CE7-9593-EOC87BB28DAE Notification #1600-2020-0101-R5, Revision 3 Streambed Alteration Agreement Page 11 of 33 Permittee shall obtain CDFW's written approval of the Designated Biologist prior to conducting pre -project surveys. 1.10 Designated Biologist Authority. The Designated Biologist shall have authority to immediately stop any activity that is not in compliance with this Agreement, and/or to order any reasonable measure to avoid or minimize impacts to fish and wildlife resources. Neither the Designated Biologist nor CDFW shall be liable for any costs incurred as a result of compliance with this measure. This includes cease -work orders issued by CDFW. 1.11 Environmental Education Program/Materials. Educational materials shall be created and incorporated into an environmental training, to be conducted for all personnel entering the Project area where sensitive habitats and/or species may be present. Educational materials may be brief and concise but should illustrate sensitive species and their habitat, discuss any specific measures to protect the species, what to do if the species is observed, and so forth. Interpretation shall be provided for non- English speaking workers and the same instruction shall be provided for any new workers prior to their performing work on -site. Upon completion of the education program, employees shall sign a form stating they attended the program and understand all protection measures. These forms shall be filed at the worksite offices and be available to CDFW upon request. 1.12 Weather Limitations. The Permittee's activities within the ephemeral drainage shall be restricted to periods of low rainfall (less than '/4 inch per 24-hour period) and periods of dry weather (with less than a 40 percent chance of rain). All erosion control measures shall be initiated prior to all storm events. Permittee shall monitor the National Weather Service (NWS) 72-hr forecast for the Project area. No work shall occur when the stream is actively flowing, ponded, or during a dry -out period of 24 hours after the above referenced wet weather. Weather forecasts shall be documented upon request by CDFW. 1.13 Post Storm Event Inspection. After any storm event, Permittee shall inspect all sites scheduled to begin or continue construction within the next 72 hours. Corrective action for erosion and sedimentation shall be taken as needed. National Weather Service 72-hour weather forecasts shall be reviewed prior to the start of any phase of the Project that may result in sediment runoff to the stream, and construction plans adjusted to meet this requirement. The National Weather Service forecast can be found at: http://www.nws.noaa.gov. 2. Avoidance and Minimization Measures 2.1 Incidental Take Permit. An Incidental Take Permit (ITP) from CDFW may be required if the Project, Project construction, or any Project -related activity during the life of the Project will result in "take," as defined by the Fish and Game Code, of any species protected by CESA [Fish & G. Code, §§ 86, 2080, 2081, subd. (b) (c)]. If there DocuSign Envelope ID: B298EF62-059B-4CE7-9593-EOC87BB28DAE Notification #1600-2020-0101-R5, Revision 3 Streambed Alteration Agreement Page 12 of 33 is a potential for take, Permittee may request consultation with CDFW and obtain the necessary state permits and/or submit plans to avoid any impacts to the species. Consultation with U.S. Fish and Wildlife Service or National Marine Fisheries Service would be required to receive take authority for federal threatened and endangered species. This Agreement does not authorize take. 2.2 Designated Biologist — Monitoring. A Designated Biologist shall be on -site to monitor all Project activities within and adjacent to CDFW jurisdictional streambed areas. 2.3 Designated Biologist — Responsibilities. A Designated Biologist shall also be responsible for: a) being present at the work site to survey the work area immediately prior to the start of work each day; b) identify safe and pre- determined relocation areas suitable for the host of species that may need to be moved out of harm's way; c) have authority to immediately stop any activity that is not in compliance with this Agreement, and/or to order any reasonable measure to avoid or minimize impacts to fish and wildlife resources; d) educate the contractors and equipment operators regarding the conditions of this Agreement; e) install exclusionary devices, if and where necessary, to prevent the migration of species into the work area(s); and, f) conduct an environmental education program. Designated Biologist shall be present on the project during all vegetation removal activities and disturbance of the top 12 inches of soil and during any other activities that have the potential to affect plant or wildlife resources. 2.4 Leave Wildlife Unharmed. If any wildlife is encountered during the course of construction, said wildlife shall be allowed to leave the construction area unharmed. If any listed wildlife is encountered, the Permittee shall halt work and contact CDFW immediately. 2.5 General Pre -Construction Biological Surveys. Permittee shall have a Designated Biologist conduct a minimum of two pre -project surveys within and adjacent to the proposed work area no more than two (2) weeks prior to the start of vegetation removal and grading activities. Pre -project surveys shall include: a) general surveys for botanical and wildlife resources; b) work areas with flowing or standing water shall be visually surveyed for any aquatic species that may be impacted by Project activities; and, c) surveys of culvert and bridge areas to determine if these structures are being used for nesting, roosting, or habitat refugia. Pre -construction survey results shall be summarized in a brief report and submitted to CDFW for review no later than 48 hours prior to the start of Project activities. If any special status species are observed during the surveys, Permittee shall halt work and contact CDFW immediately. 2.6 Non -listed Special Status Species and Other Vertebrates. The Designated Biologist shall be present during work in all CDFW jurisdictional areas during all vegetation -removal and rough grading activities to monitor for non -listed, special -status, and/or common ground -dwelling vertebrates encountered in the path of Project -related activities. The Designated Biologist shall make every effort to move the species out of harm's way to the extent feasible by doing one of the following: (1) Utilize shovel, rake, DocuSign Envelope ID: B298EF62-059B-4CE7-9593-EOC87BB28DAE Notification #1600-2020-0101-R5, Revision 3 Streambed Alteration Agreement Page 13 of 33 or similar hand tool to gently re -direct the animal out of work area; (2) Install silt fence or other exclusionary fencing to prevent species from re-entering disturbance area; and (3) If the Designated Biologist has the appropriate handling permits, capture/move species to appropriate habitat outside the disturbance area. The Designated Biologist shall have the authority to temporarily stop construction activities until the species is determined to be out of harm's way. Any exclusionary devices shall be checked by the Designated Biologist on a daily basis to check/ensure continued exclusionary device effectiveness. Should CDFW personnel visit the site during vegetation removal and rough grading activities occurring within the stream and no Designated Biologist is available, construction activities within CDFW jurisdiction shall be halted. 2.7 Relocation Plan. A Relocation (Plan) shall be submitted to CDFW no less than sixty (60) days prior to commencement of construction activities. Permittee shall resolve all CDFW comments and receive CDFW approval in writing prior to commencement of construction activities. The Plan shall include information on the site from which the species is removed and the alternate habitat to which they are moved, such as soil type and other appropriate information depending on the species. For aquatic species, the Plan shall include information of the site from which the species is removed and the proposed site such as temperature of the water, aquatic habitat characteristics at the removal sites and other appropriate information depending on the species. In addition, the Plan shall identify proposed biologists who will handle species movement. All documentation shall include photographs of the removal site, alternate habitat site, and a GIS shape file, which shall be submitted at the completion of all species relocation. Proposed sites to be used shall be submitted to CDFW prior to moving animals. This Plan shall be amended according to the results of surveys that are conducted prior to each construction phase. The Plan shall contain minimization and avoidance measures for each species. If impacts are unavoidable to a specific species, then CDFW may require a separate mitigation plan to address impacts to those species. 2.8 Pre -project Reptile Surveys. The Designated Biologist shall conduct pre -project surveys for California patch -nosed snake, coastal western whiptail, coast horned lizard, silvery legless lizard, two -striped garter snake, and other species of concern likely to be found in the area or using the area to forage during the proposed Project activities. Protocol -level surveys shall be conducted at the appropriate time and with the appropriate methodology to determine if any of the above species are present within the Project area. Surveys shall incorporate appropriate methods to detect these species, including individuals that could be concealed in burrows, beneath leaf litter, or in loose soil prior to any Project activities in areas that have or may have the potential to support these species. The survey(s) shall be conducted within thirty (30) days prior to start of work. Survey limits shall be determined by the Designated Biologist and shall include all areas within the Project footprint. If the survey yields information pertaining to any new resource impacts, CDFW shall be consulted immediately. Survey results, including negative findings, analysis, recommendations, and field notes shall be provided to CDFW five (5) days prior to the start of work. Should any species of concern be found during pre -project surveys in an identified work area, the Designated Biologist shall delay all ground -disturbing activities until the species has left the work area voluntarily. DocuSign Envelope ID: B298EF62-059B-4CE7-9593-EOC87BB28DAE Notification #1600-2020-0101-R5, Revision 3 Streambed Alteration Agreement Page 14 of 33 2.9 Western Spadefoot Toad Mitigation Plan. The Permittee shall submit a Western Spadefoot Toad Mitigation Plan to CDFW for review and approval prior to the initiation of work. The plan shall include a) a safe and pre -determined relocation area suitable for the species that may need to be moved out of harm's way by the Designated Biologist; b) monitoring for presence and development of eggs and tadpoles within the development area; c) relocation methods for eggs and tadpoles from the Project area to the pre -determine relocation site; d) measures to ensure the protection and minimization of impacts to western spadefoot toad; e) mitigation proposal if necessary. 2.10 Pre -Project Mammal Surveys. The Designated Biologist shall conduct a pre - project survey for San Diego black -tailed jackrabbit, southern grasshopper mouse, and other species of concern likely to be found in the area or using the area to forage during the proposed Project activities. Separate and species -specific surveys shall be conducted at the appropriate time and with the appropriate methodology to determine if any of the above species are present within the work area. Surveys shall incorporate appropriate methods to detect these species prior to any Project activities in areas that have or may have the potential to support these species. The survey(s) shall be conducted within thirty (30) days prior to start of work. Survey limits shall be determined by the Designated Biologist and shall include all areas within the Project footprint. If the survey yields information pertaining to any new resource impacts, CDFW shall be consulted immediately. Survey results, including negative findings, analysis, recommendations, and field notes shall be provided to CDFW five (5) days prior to the start of work. Should any species of concern be found during pre -project surveys in an identified work area, the Designated Biologist shall delay all Project ground -disturbing activities until the species has left the work area voluntarily. 2.11 Take of Nesting Birds. Fish and Game Code, section 3503 makes it unlawful to take, possess, or needlessly destroy the nest or eggs of any bird, except as otherwise provided by Fish and Game Code or any regulation made pursuant thereto. Fish and Game Code, section 3503.5 makes it unlawful to take, possess, or destroy any birds in the orders Falconiformes or Strigiformes (birds -of -prey) to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by Fish and Game Code or any regulation adopted pursuant thereto. Fish and Game Code, section 3513 makes it unlawful to take or possess any migratory nongame bird or part thereof except as provided by the rules and regulations adopted by the Secretary of the Interior under provisions of the Migratory Bird Treaty Act of 1918 (META; 16 U.S.G. § 703 et seq.) before January 1, 2017, and subsequent rules and regulations adopted pursuant to the MBTA that are consistent with the Fish and Game Code. The issuance of this Agreement does not in any way exempt or excuse compliance with these statutes. 2.12 Nesting/Breeding Bird Period. Permittee shall not remove or otherwise disturb vegetation within CDFW jurisdiction from March 15 to September 1 to avoid impacts to breeding/nesting birds. DocuSign Envelope ID: B298EF62-059B-4CE7-9593-EOC87BB28DAE Notification #1600-2020-0101-R5, Revision 3 Streambed Alteration Agreement Page 15 of 33 2.13 Vegetation with Active Nests. Permittee shall not disturb trees or other vegetation that contain active bird nests without prior consultation and approval of a CDFW representative. 2.14 Coastal California gnatcatcher. Prior to any work commencing, focused surveys following USFWS protocol for coastal California gnatcatcher shall be conducted. The physical extent of the survey area shall be approved by CDFW prior to commencing surveys and shall include indirectly affected and buffer areas. Survey results shall be submitted in writing to CDFW for review. i. Survey protocol for coastal California gnatcatcher can be found at: https:Hfws.gov/ventura/docs/species/protocols/cag n/coastal- gnatcatcher survey-guidelines.pdf ii. If coastal California gnatcatcher is present, the following avoidance measures shall be implemented; No construction shall take place between February 1 through September 15. 2.15 Burrowing Owl Survey Protocol and Mitigation Guidelines. Permittee shall have qualified wildlife biologist pre -approved by CDFW perform a survey for burrowing owls no less than 30 days prior to clearing any area that provides potentially suitable habitat for the species. Permittee shall inspect all burrows for typical characteristics of owl activity such as an observation of at least one burrowing owl, or, alternatively, its molted feathers, cast pellets, prey remains, eggshell fragments, or excrement at or near a burrow entrance, no sooner than three days prior to any site preparation activities. If evidence exist that burrowing owls are utilizing the Project site, Permittee shall erect exclusionary devices to prevent the owls form entering the burrows and follow the Burrowing Owl Consortium protocol guidelines (http://Www.dfg.ca.govlwildlifelnongameldocslboconsortium.pdfl. 2.15.1 Burrowing Owl — Mitigation. Pursuant to CDFW's 2012 Staff Report on Burrowing owl, a Phase 1 burrowing owl survey shall be conducted prior to the start of construction in areas that contain potentially suitable habitat for the species, the results of which will be provided to CDFW a minimum of thirty (30) days prior to the start of construction. If burrowing owl are identified, a minimum of 19.5 acres of suitable burrowing owl habitat shall be provided for each impacted burrow. For each 19.5 acres provided, a minimum of 3 burrowing owl suitable burrows or artificial burrows shall be provided. 2.16 White -Tailed Kite. A qualified biologist shall conduct visual surveys for nesting of this species within 30 days prior to the start of Project activity. Survey reporting shall be provided to CDFW within one week of completing the survey. If an active kite nest or breeding behavior at a nest site is observed, no Project activities shall occur within 500 DocuSign Envelope ID: B298EF62-059B-4CE7-9593-EOC87BB28DAE Notification #1600-2020-0101-R5, Revision 3 Streambed Alteration Agreement Page 16 of 33 feet of the nest until after the breeding season has ended (i.e., after August 31) or the qualified biologist has determined and CDFW has confirmed in writing that the young have fledged and are no longer dependent on parental care of the nest for survival. CDFW may consider proposals for variances from this buffer when there is a compelling biological or ecological reason to do so. Permittee shall not work within a smaller buffer area until after CDFW has provided written approval. 2.17 Unarmored Threespine Stickleback. This Agreement does not authorize take, incidental or otherwise, of any unarmored threespine stickleback. No direct or indirect impacts shall occur to any unarmored threespine stickleback. Construction, reconstruction, repair, maintenance, or decommissioning in the wetted channel when listed fishes are present shall only be undertaken in a way that limits exposure of on -site fishes to direct "take," and mitigates adverse impacts to habitat as pre -approved by the Department. 2.18 Special Status Species Encountered During Work. If Permittee encounters special status species during the conduct of Project Activity, work shall be suspended, CDFW notified, and conservation measures shall be developed in agreement with CDFW prior to re -initiating the activity. 2.19 Protected Species. This Agreement does not authorize take, incidental or otherwise, of any protected species. For the purpose of this Agreement, "protected species" means the following: a species fully protected under state law; a candidate species or species listed as threatened or endangered under the California Endangered Species Act (CESA; Fish & G. Code § 2050 et seq.) and/or Endangered Species Act (ESA; 16 U.S.C. § 1531 et seq.); a species identified by CDFW as a Species of Special Concern (SSC); or any other species for which take is prohibited under state or federal law. No direct or indirect impacts shall occur to any protected species, except as may be authorized by a Natural Community Conservation Plan or one or more individual permits that authorize such impacts. 2.20 Observations of Protected Species and/or Rare Plant Species. If protected species or state -listed rare plant species are observed in the area, Permittee shall immediately notify and consult with CDFW for further actions. Please note that additional state permits may be required prior to commencing Project activities. 2.21 Notification to the California Natural Diversity Database. If any special status species are observed during surveys, Permittee or designated representative shall submit California Natural Diversity Data Base (CNDDB) forms to the CNDDB for all preconstruction survey data within five (5) working days of the sightings, and provide to CDFW s Regional office three (3) copies of the CNDDB forms and survey maps. 2.22 Check for Wildlife in Pipes/Construction Materials. For construction activities within CDFW jurisdiction, the Permittee shall have the Designated Biologist visually check sections of pipe/construction materials for the presence of wildlife sheltering within them prior to the sections being placed in the trench and attached together, or DocuSign Envelope ID: B298EF62-059B-4CE7-9593-EOC87BB28DAE Notification #1600-2020-0101-R5, Revision 3 Streambed Alteration Agreement Page 17 of 33 shall have the ends capped while stored on site so as to prevent wildlife from entering. After attachment of the pipe sections to one another, whether in the trench or not, the exposed end(s) of the pipeline shall be capped at the end of each day during construction to prevent wildlife from entering and being trapped within the pipeline. Exclusionary devices shall be erected to prevent the migration into or the return of species into the work areas if determined appropriate and feasible by the Designated Biologist. Such exclusionary devices shall be checked by Designated Biologist on a daily basis to check/ensure continued exclusionary device effectiveness. Should CDFW personnel visit the site during grading and initial impact activities and no Designated Biologist is available, construction activities shall be halted. Habitat Protection 2.23 Demarcate Work Area Boundary. In consultation with the Designated Biologist, the Permittee shall demarcate the sensitive habitat areas, including nesting birds, to prevent damage to adjacent habitat and to provide visual orientation to its limits. Marking shall be in place during all periods of operation. All persons employed or otherwise working on the Project site shall be instructed about the restrictions that the marking represents. Permittee shall remove all temporary flagging, fencing, and/or barriers from the Project site and vicinity of the stream upon completion of Project activities. 2.24 Flagging. Prior to the start of Project activities, Permittee shall identify the limits of the project site and work areas. These "work area" limits shall be identified with brightly colored flagging. Work completed under this Agreement shall be limited to this defined area only and shall not impact stream areas beyond the project grading limits. Flagging that identifies areas to be avoided shall be maintained in good repair for the duration of the Project. All stream areas beyond the identified work area limits shall be considered Environmentally Sensitive Areas and shall not be disturbed. 2.25 Hours of Operation and Lighting. Permittee's construction activities shall take place during daylight hours only to the maximum extent feasible. Any night work conducted shall shield work lighting from any adjacent sensitive habitat. Sedimentation, Turbidity, and Siltation 2.26 Erosion Control Measures. Permittee shall utilize erosion control measures throughout all phases of operation where sediment runoff from exposed slopes threatens to enter a river, stream, or lake. Furthermore, any type of erosion control shall be weed -free. Permittee shall stabilize all exposed/disturbed areas within the Project site to the greatest extent possible. Permittee or Designated Representative shall monitor erosion control measures during and after each storm event and repair and/or replace ineffective measures immediately. Permittee shall make modifications, repairs and improvements to erosion control measures whenever it is needed. 2.27 Sediment and Erosion Control. Sediment from Project -related activities shall not DocuSign Envelope ID: B298EF62-059B-4CE7-9593-EOC87BB28DAE Notification #1600-2020-0101-R5, Revision 3 Streambed Alteration Agreement Page 18 of 33 be placed where it is likely to have a negative impact on native trees and vegetation. Any erosion control shall exclude the use of plastic or "hard" netting. If netting is to be used, it must be flexible (e.g., "soft" hemp) so that snakes or other animals do not become trapped in the netting. 2.28 Runoff Control. Preparation shall be made so that runoff from steep, erodible surfaces will be diverted into stable areas with little erosion potential. Frequent water checks shall be placed on dirt roads, cat tracks, or other work trails to control erosion. 2.29 Contaminated Site Water. Water containing mud, silt, or other pollutants from equipment washing or other activities, shall not be allowed to enter a flowing stream, dry ephemeral stream or into storm drains. Such water shall be settled, filtered, or otherwise treated prior to discharge back into the water body. Permittee shall place and maintain silt barriers, such as "biologs," or filter fabric silt fencing, around the drainage inlets until the threat of erosion from surrounding impact areas ceases. Equipment and Access 2.30 Staging and Vehicle Storage. Staging/storage areas for equipment and materials shall be located outside of the stream in an area selected due to its non -vegetated status. Staging in all other areas is prohibited by this Agreement unless otherwise approved by CDFW PRIOR to staging activities. 2.31 Operating Equipment and Vehicle Leaks. Any equipment or vehicles driven and/or operated within or adjacent to the drainage shall be checked and maintained daily to prevent leaks of materials that could be deleterious to aquatic and terrestrial life or riparian habitat. No equipment maintenance or fueling shall be done within or near any stream channel or lake margin where petroleum products or other pollutants from the equipment may enter these areas. Stationary equipment such as motors, pumps, generators, and welders, located within or adjacent to the stream shall be positioned over drip pans. Stationary heavy equipment shall have suitable containment to handle a catastrophic spill/leak. Clean up equipment such as extra boom, absorbent pads, skimmers, shall be on site prior to the start of Project -related activities. No equipment maintenance shall be done within or near any stream channel or lake margin where petroleum products or other pollutants from the equipment may enter these areas under any flow. Pollution, Litter and Cleanup 2.32 Spill Cleanup. Permittee shall begin the cleanup of all oil/toxic material spills immediately. CDFW shall be notified immediately by the Permittee of any spills and shall be consulted regarding cleanup procedures. The Permittee shall have all spill clean-up equipment on site during construction. 2.33 Pollutants and Debris. No debris, soil, silt, sand, bark, slash, sawdust, rubbish, construction waste, cement or concrete or washings thereof, asphalt, paint, oil or other DocuSign Envelope ID: B298EF62-059B-4CE7-9593-EOC87BB28DAE Notification #1600-2020-0101-R5, Revision 3 Streambed Alteration Agreement Page 19 of 33 petroleum products or any other substances which could be hazardous to aquatic life, or other organic or earthen material from any logging, construction, or other associated Project -related activity shall be allowed to contaminate the soil and/or enter into or placed where it may be washed by rainfall or runoff into, waters of the State. Any of these materials, placed within or where they may enter a stream, by the Permittee or any party working under contract, or with the permission of the Permittee, shall be removed immediately. When Project -related activities are completed, any excess materials or debris shall be removed from the work area. No rubbish shall be deposited within 150 feet of the high-water mark of any stream or lake. 2.34 Pollution Compliance. The Permittee shall comply with all litter and pollution laws. All contractors, subcontractors and employees shall also obey these laws and it shall be the responsibility of the Permittee to ensure compliance. 2.35 Hazardous Substances. Raw cement/concrete or washings thereof, asphalt, paint or other coating material, oil or other petroleum products, or any other substances which could be hazardous to aquatic life, resulting from Project -related activities, shall be prevented from contaminating the soil and/or entering the waters of the state. Any of these materials, placed within or where they may enter the stream by Permittee or any party working under contract, or with the permission of Permittee, shall be removed immediately. 2.36 Debris. Except as otherwise permitted in this Agreement, the removal of soil, vegetation, and vegetative debris from the stream bed or stream banks is prohibited. The Permittee shall remove all human generated debris, such as yard and farm cuttings, broken concrete, construction waste, garbage and trash. The Permittee shall remove washed out culverts, and other construction materials, that the Permittee places within, or where they may enter, the stream. Permittee shall pick up all debris and waste daily. Permittee shall dispose of all Project generated debris, materials and rubbish in a legal manner. 2.37 Trash Receptacles. The Permittee shall install and use fully covered trash receptacles with secure lids (wildlife proof)l that contain all food, food scrapes, food wrappers, beverage and other miscellaneous trash generated by work force personnel. 2.38 Remove Temporary Flagging, Fencing, and Barriers. Permittee shall remove all temporary flagging, fencing, and/or barriers from the Project site and vicinity of the stream upon completion of Project activities. Exotic Species Removal and Control 2.39 Invasive Plant Control/Eradication. To minimize the spread of invasive plant species to uninfested areas within and outside of the Project site, Permittee shall conduct Project activities in a manner that prevents the introduction, transfer, and spread of invasive species, including plants, animals, and microbes (e.g., algae, fungi, parasites, bacteria, etc.), from one Project site and/or waterbody to another. Prevention DocuSign Envelope ID: B298EF62-059B-4CE7-9593-EOC87BB28DAE Notification #1600-2020-0101-R5, Revision 3 Streambed Alteration Agreement Page 20 of 33 BMPs and guidelines for invasive plants can be found on the California Invasive Plant Council's website at: http://www.cal-ipc.org/ip/prevention/index.php and for invasive mussels and aquatic species can be found at the Stop Aquatic Hitchhikers website: hftp://www.protectyourwaters.net/. 2.40 Inspection of Project Equipment. Permittee shall inspect all vehicles, tools, waders and boots, and other Project -related equipment and remove all visible soil/mud, plant materials, and animal remnants prior to entering and exiting the stream and/or between each use in different watersheds. 2.41 Decontamination of Project Equipment. Permittee shall decontaminate all tools, waders and boots, and other equipment that will enter the streambed and make contact with water or wetted soils prior to entering and after exiting the stream. If equipment is operating to avoid contact with water or wetted soils, then it is otherwise permissible to conduct the work without specialized decontamination procedures for aquatic invasive animal species (Conditioned in this Agreement), but activities would need to be in compliance with other Conditions of this Agreement and any other federal, state, or local laws or ordinances. For example, general conditions in the existing Agreement to make sure visible dirt, mud, and plant materials are removed from equipment prior to entering the stream, but do not require the specialized thermal, freezing, and/or drying methods developed for aquatic invasive animal species. If decontamination for aquatic invasive animal species is applicable, Permittee shall decontaminate Project gear and equipment utilizing one of three methods: drying, using a hot water soak, or freezing, as appropriate to the type of gear or equipment. For all methods, Permittee shall begin the decontamination process by thoroughly scrubbing equipment, paying close attention to small crevices such as boot laces, seams, net corners, etc., with a stiff -bristled brush to remove all organisms. To decontaminate by drying, Permittee shall allow equipment to dry thoroughly (i.e., until there is a complete absence of water), preferably in the sun, for a minimum of 48 hours. To decontaminate using a hot water soak, Permittee shall immerse equipment in 140OF or hotter water and soak for a minimum of five (5) minutes. To decontaminate by freezing, Permittee shall place equipment in a freezer 320F or colder for a minimum of eight (8) hours. Repeat decontamination is required only if the equipment/clothing is removed from the site, used within a different watershed, and returned to the Project site. 2.42 Decontamination Sites. If decontamination for aquatic invasive animal species is applicable, Permittee shall perform decontamination of vehicles, watercraft, and other Project gear and equipment in a designated location where runoff can be contained and not allowed to pass into CDFW jurisdictional areas and other sensitive habitat areas. 2.43 Notification of Invasive Species. Permittee shall notify CDFW immediately if an invasive species not previously known to occur within the Project site is discovered during Project activities by submitting a completed Suspect Invasive Species Report and photos to the Invasive Species Program by email at: invasives@wildlife.ca.gov. Notification may also be provided by calling (866) 440-9530. Upon receiving notification, CDFW will provide Permittee with guidance for further action as appropriate to the DocuSign Envelope ID: B298EF62-059B-4CE7-9593-EOC87BB28DAE Notification #1600-2020-0101-R5, Revision 3 Streambed Alteration Agreement Page 21 of 33 species. 2.44 No Introduction or Translocation of Invasive Plants. Permittee shall not knowingly plant, seed, or otherwise introduce or transfer any plants listed in the California Invasive Plant Council's Invasive Plant Inventory: http://www.cal-ipc.org/ip/inventory/index.php in the areas within or adjacent to the Project site. Permittee activities shall not result in an increase in invasive plant material within the primary disposal area or other areas of the site. Monitoring of the disposal area after sediment placement, that is consistent with the SMMP, shall be implemented to demonstrate that no transfer or increase in invasive species has occurred from fill placement activities. 3. Compensatory Mitigation Measures Permittee shall not impact more than 9.37 acres of ephemeral streambed habitat (see Table 1 & 2) related to the development of Phases B and C (9.31 acres) and fuel modification zones (0.06 acres). Permittee shall not indirectly impact more than 11.44 acres of Drainages 13, 16, 24 and 27 due to flow reduction resulting from grading on - site tributaries. 3.1 Required Compensatory Mitigation. To compensate for the permanent impacts to approximately 2.87 acres of chamise chaparral, 2.8 acres of chamise chaparral/sage scrub, 1.43 acres of southern riparian scrub, 0.84 acres of blue elderberry scrub, 0.54 acres of mixed chaparral/alluvial scrub/annual grassland, 0.23 acres of coast live oak woodland, 0.19 acres of sage scrub, 0.04 acres of sage scrub/annual grassland, 0.02 acres of chamise chaparral/annual grassland, and 0.35 acres of unvegetated debris basin, Permittee shall mitigate with purchase of 0.2 acres of cottonwood -willow restoration or enhancement credits from a CDFW-approved mitigation bank, restoration of 10.24 acres of alluvial fan sage scrub (Phase D), 4.20 acres of giant reed removal, and preservation of 30.75 acres of San Francisquito Creek in Phase C, and preservation of 52 acres of San Francisquito Creek in Phase D (Table 4). Table 4. Compensatory Mitigation Pursuant to Impacts from Project Activities Mitigation Type Acres Status Participate in a giant reed (Arundo Partially completed in 2000 (Condition 5 of LSA donax) removal program Agreement #1600-1999-0126-R5). Phase A utilized implemented by the USFS 4.20 3.48 acres of this mitigation credit; the remaining 4.20 acres are applied to Phase B and C impacts. Permittee shall provide proof of mitigation completion by December 31, 2021. Purchase of restoration or Permittee partially completed a 1-acre restoration enhancement credits at a CDFW- project (for 1600-1999-0126-R5) in Phase C that approved mitigation bank. failed to meet performance standards. To 0.2 compensate for the permanent impacts to 0.2 acre of cottonwood/willow habitat, Permittee shall purchase 0.2 acres of restoration or enhancement credits at a CDFW-approved mitigation bank. Permittee shall provide proof of restoration or DocuSign Envelope ID: B298EF62-059B-4CE7-9593-EOC87BB28DAE Notification #1600-2020-0101-R5, Revision 3 Streambed Alteration Agreement Page 22 of 33 enhancement credit purchase 6 months after initiation of Project activities. Conservation of 31.59 acres of native The Phase C Conservation Area to be dedicated to habitat in Phase C Conservation a third -party conservation organization approved Area, which contains 30.75 acres of by CDFW 18 months after Project initiation. The alluvial scrub, Fremont cottonwood 30.75 Permittee shall prepare, or fund the preparation of, woodland, and southern riparian a Long Term Management Plan (LTMP) designed woodland to sustain or surpass the habitat quality of the mitigation site Condition 3.6.1). Conserve additional 56.55 acres of The Phase D Conservation Area to be dedicated to open space in Phase D, which a third -party conservation organization approved contains 52 acres of alluvial scrub, 52.00 by CDFW 18 months after Project initiation. The annual brome grasslands, Fremont Permittee shall prepare, or fund the preparation of, cottonwood woodland, and southern a LTMP designed to sustain or surpass the habitat riparian woodland. quality of the mitigation site Condition 3.6.1). Restore 10.24 acres of alluvial scrub The Permittee shall prepare a Mitigation Creation in Phase D Conservation Area. and Restoration Plan (MCRP) and fund and 10.24 complete the preparation of the required mitigation and a LTMP designed to sustain or surpass the habitat quality of the mitigation site. (Condition 3.2.1 Prepare a management plan for the The Permittee shall prepare a City Open Space 745 acres of open space in the City 11.44 Areas Management Plan (COSAMP) designed to Open Space Areas. sustain or surpass the habitat quality of the mitigation site Condition 3.4.1). TOTAL 108.81 3.2 Permittee Responsible Mitigation Requirements. All mitigation requirements or proposals and plans as depicted in Condition 3.2.1 to 3.7.1 shall be submitted to CDFW for review and approval prior to initiating the Project authorized by this Agreement. CDFW retains the right to require more mitigation should the proposed mitigation not be adequate to compensate for the impacts. Additional mitigation may be required if enhancement or preservation is proposed and/or the habitat being proposed for mitigation is of lower functions and values than the habitat being impacted. If additional temporal impacts (time Project activities and initiation of mitigation) occur, then the compensatory mitigation may be increased. Therefore, for each year past one year of the Project impacts authorized by this Agreement, that the mitigation is delayed, the mitigation shall be increased by 10 percent of the original mitigation acreage requirement detailed above. 3.2.1 Mitigation Creation and Restoration Plan. Permittee shall submit a draft Mitigation Creation and Restoration Plan (MCRP) to CDFW for review and approval that includes restoration or reestablishment of 10.24 acres of native alluvial scrub habitat. An Oak Tree Restoration/Revegetation Plan (OTRP) for the 127 coast live oak and scrub oak trees to be planted (Condition 3.2.4) shall be submitted to CDFW for review and approval. The MCRP and OTRP shall be submitted to CDFW prior to initiation of grading activities. Permittee shall resolve all CDFW comments within six (6) months after execution of this Agreement. Restoration implementation involves methods for restoring, and maintaining (e.g., weeding, replacement planting, supplemental watering) and DocuSign Envelope ID: B298EF62-059B-4CE7-9593-EOC87BB28DAE Notification #1600-2020-0101-R5, Revision 3 Streambed Alteration Agreement Page 23 of 33 monitoring the restored area for a period of five years. The MRCP shall include, at a minimum: (a) mitigation location; (b) survey information of a reference site; (c) planting location, methodology, and schedule; (d) list native plant (tree, shrub, and grass) species to be used, container sizes (no more than one gallon), and seeding rates; (e) description of the irrigation methodology, if necessary; (f) measures to control exotic vegetation on site; (g) schedule that outlines all foreseeable activities necessary for the mitigation plan (h) monitoring and reporting procedures; (i) sample of the data collection sheet; 0) specific success criteria based on a reference site; and (k) corrective actions to be taken when restoration activities do not meet the proposed success criteria. The MCRP shall also include the following measures: 3.2.2 Restoration/Mitigation Success Criteria. The MCRP shall identify the success criteria for the habitats specified above shall be compared against an appropriate reference site with as good or better -quality habitat. The reference site shall be approved by CDFW. The success criteria shall include percent cover (both basal and vegetation), species diversity, abundance, and any other measures of success deemed appropriate by CDFW. Success criteria shall be separated into vegetative layers (tree, shrub, grass, and forb), and each layer shall be compared to the success criteria of the reference site to ensure one species or layer does not disproportionately dominate a site, but instead mimic the conditions of the reference site. The MCRP shall have adequate detail regarding the sampling plan so that it can be duplicated by different people and shall include a sample data collection sheet that shows appropriate data to be collected per the proposed sampling methodology. Permittee shall be responsible for any cost incurred during the restoration/mitigation or in subsequent corrective measures. 3.2.3 Mitigation Location Restraints. Mitigation shall not occur in fuel modification zones, future Project areas, or areas of maintenance. 3.2.4 Restoration Specialist. The MCRP shall be prepared by persons with expertise in southern California desert ecosystems and native plant re -vegetation techniques (restoration specialist). Planting, maintenance, monitoring and reporting activities shall be overseen by the restoration specialist familiar with restoration of native plants. 3.2.5 Local Sources. Plant material for revegetation shall be derived from cuttings, materials salvaged from disturbed areas, and/or seeds obtained from randomly selected native trees and shrubs occurring locally within the same drainage. 3.2.6 Native Plant Nursery. Any replacement tree/shrub stock, if used, which cannot be grown from cuttings or seeds, shall be obtained from a native plant nursery, be ant -free, and shall not be inoculated to prevent heart rot. DocuSign Envelope ID: B298EF62-059B-4CE7-9593-EOC87BB28DAE Notification #1600-2020-0101-R5, Revision 3 Streambed Alteration Agreement Page 24 of 33 3.2.7 Mitigation and Monitoring Reports. Permittee shall have the qualified restoration specialist monitor the recovery of plant, wildlife, and aquatic resources in the area following mitigation implementation. Monitoring of plant, wildlife, and aquatic resources shall be done in summer and winter of each year, through the term of restoration. The results and analysis shall be submitted with the annual MCRP annual report to CDFW by Feb. 1 of each year for 5 years after mitigation implementation. This report shall include the status and any success trends for the success criteria outlined in the MCRP. Photos from designated photo stations shall be included. 3.3 Mitigation Success. After the 5th monitoring year, if the site has met the success criteria outlined in the MCRP plans, CDFW may request a site visit to determine if the mitigation portion of the Agreement is deemed complete. The site should be free of trash and any irrigation infrastructure shall be removed if it was used (unless there is an acceptable justification for leaving the irrigation system in place). 3.4 Mitigation for Indirect Impacts. To mitigate for indirect impacts to 4.36 acres of chamise chapparal habitat, 1.0 acres of chamise chaparral/sage scrub habitat, and 6.08 acres of holly -leaf cherry woodland habitat, Permittee shall submit a City Open Space Areas Management Plan (COSAMP) to CDFW for review prior to the initiation of grading at the Project site. Permittee shall resolve all CDFW comments within six (6) months after execution of this Agreement. The COSAMP is for the preservation of Open Space Areas associated with the development of Phases B and C of the Tesoro del Valle Residential Development Project -The City Open Space Areas are separate from the Phase C and D conservation areas [Exhibit B]. The City Open Space Areas include approximately 745 acres that surround the Project development footprint. The land - managing entity shall monitor and maintain any streams that are indirectly impacted by project activities 3.4.1 City Open Space Areas Management Plan (COSAMP). At minimum, the COSAMP shall identify: (1) an estimated description of the physical conditions of the mitigation site (at sign -of), including water resources and habitat types, and a map that identifies the location of the site; (2) goals related to sustaining habitat quality, wildlife usage, and overall function of the mitigation site; (3) risk assessment for foreseeable threats to the mitigation site; and (4) management strategies proposed to meet those goals, including a monitoring and maintenance schedule, and a list of contingency measures. The conservation entity shall be responsible for implementing the COSAMP and shall submit a copy of each annual report to CDFW documenting, at a minimum: (1) management activities completed within the previous five year term, including: (a) any remedial measures completed; (b) details of non-native species removal including: (i) species removed, (ii) the amount and frequency of removal, and (iii) the techniques used; and (c) enforcement activity necessary; (2) an assessment of overall habitat quality within the mitigation site, including: (a) percent native and non-native vegetation cover, (b) any shifts in habitat type, (c) any loss of habitat cover, (d) any change in water resources, and (e) any new non-native DocuSign Envelope ID: B298EF62-059B-4CE7-9593-EOC87BB28DAE Notification #1600-2020-0101-R5, Revision 3 Streambed Alteration Agreement Page 25 of 33 species observed; (3) an evaluation of the success or failure of management strategies implemented, and any changes to management strategies proposed in response to the successes or failures. The annual report shall include photos documenting the management activities. Permittee shall submit the COSAMP to CDFW for review prior to initiation of grading activities. Permittee shall resolve all CDFW comments within six (6) months after execution of this Agreement. 3.5 Oak Tree Mitigation. The Permittee is authorized to remove 12 oak trees that occur in areas under the jurisdiction of the CDFW. Trees to be impacted include 11 coast live oaks and 1 scrub oak. To mitigate impacts to oak trees, the Permittee shall plant in -kind oak trees according to the ratios as follows in Table 5: Table 5. Mitigation for Trees Impacted from Project Activities Species Tree Size Total <8" 8-12" 12-24" 24-36" >36" Coast live oak (Quercus agrifolia) Impacts 1 - 6 4 - 11 Mitigation Ratio 2:1 5:1 10:1 15:1 20:1 - Mitigation 2 - 60 60 - 122 Scrub oak (Quercus Impacts - 1 - I - I - 1 Mitigation Ratio 2:1 5:1 10:1 15:1 2-0 1 berberidifolia) Mitigation - 5 - - - 5 Tree Impact Total 1 1 6 4 - 12 Tree Mitigation Total 2 5 66 64 1 127 The Permittee shall use acorns or one -gallon containers for restoration to increase the likelihood of survival of plantings. All remaining trees that are not proposed to be impacted shall be fenced off and flagged to prevent equipment from operating in the drip line of these trees. 3.5.1 Oak Tree Restoration/Revegetation Plan. Prior to initiation of grading activities, the Permittee shall submit the OTRP to CDFW for review. Permittee shall resolve all CDFW comments within six (6) months after execution of this Agreement. In order to allow CDFW staff to accurately assess the appropriateness of the proposed mitigation, this shall include a quantitative assessment of conditions that exist at the impacted oak tree sites (baseline) and design a mitigation plan to recreate the agreed upon baseline conditions at a mitigation site. The Plan shall propose hydrologically viable sites in the Phase C and Phase D conservation areas that can support the oak trees without irrigation (after the 5-year monitoring period is complete). The Oak Tree RestorationlRevegetation Plan shall include performance standards (as described in Condition 3.2.2), monitoring and reporting programs, and corrective actions to be taken when mitigation measures do not meet the proposed targets (Condition 3.2.1-3.2.7). Additionally, the Plan shall include a map of proposed tree spacing to ensure appropriate spacing for tree plantings to occur. DocuSign Envelope ID: B298EF62-059B-4CE7-9593-EOC87BB28DAE Notification #1600-2020-0101-R5, Revision 3 Streambed Alteration Agreement Page 26 of 33 3.6 Mitigation for Unauthorized Impacts. Permittee shall mitigation at a minimum 5:1 ratio for impacts beyond those authorized in this Agreement. In the event that additional mitigation is required, the type of mitigation shall be determined by CDFW, and may include creation, restoration, enhancement, and/or preservation. 3.7 Lang Term Management. Permittee shall prepare or fund the perpetual management of the mitigation lands (including the Phase C and Phase D conservation sites and the 10.24 acre restoration area detailed in Table 4) by a CDFW-approved non- profit organization. 3.7.1 Long Term Management Plan (LTMP). Permittee shall prepare, or fund the preparation of, a LTMP designed to sustain or surpass the habitat quality of the mitigation sites (Table 4) at CDFW sign -off, in perpetuity. At a minimum, the LTMP shall identify: (1) an estimated description of the physical conditions of the mitigation site (at sign -off), including water resources and habitat types, and a map that identifies the location of the site; (2) goals related to sustaining habitat quality, wildlife usage, and overall function of the mitigation site; and (3) management strategies proposed to meet those goals, including a monitoring and maintenance schedule, and a list of contingency measures. The CDFW- approved conservation entity shall be responsible for implementing the LTMP and shall submit a Management Report every five (5) years documenting, at a minimum: (1) management activities completed within the previous five year term, including: (a) any remedial measures completed; (b) details of non-native species removal including: (i) species removed, (ii) the amount and frequency of removal, and (iii) the techniques used; and (c) enforcement activity necessary; (2) an assessment of overall habitat quality within the mitigation site, including: (a) percent native and non-native vegetation cover, (b) any shifts in habitat type, (c) any loss of habitat cover, (d) any change in water resources, and (e) any new non-native species observed; (3) an evaluation of the success or failure of management strategies implemented, and any changes to management strategies proposed in response to the successes or failures. The Management Report shall include photos documenting the management activities. Permittee shall submit the LTMP to CDFW for review prior to initiation of grading activities. Permittee shall resolve all CDFW comments within six (6) months after execution of this Agreement. 3.8 Mitigation Documentation Requirements for Review and Approval. Prior to initiation of Project activities, the Permittee shall provide CDFW with the following for review: preliminary title report, Phase One Environmental Site Assessment Report, any required technical reports (e.g., jurisdictional delineation, hydrology studies, mineral risk assessment) for sites proposed for preservation, creation, restoration, and/or enhancement activities, MCRP, Oak Tree Restoration/Revegetation Plan, and draft Letter of Credit or Surety Bond. In addition, the Permittee shall provide the draft conservation easement of the mitigation site for CDFW review and approval. Permittee DocuSign Envelope ID: B298EF62-059B-4CE7-9593-EOC87BB28DAE Notification #1600-2020-0101-R5, Revision 3 Streambed Alteration Agreement Page 27 of 33 shall resolve all CDFW comments within six (6) months after execution of this Agreement. 3.8.1 Prior to the initiation of grading activities, the, Permittee shall provide the LTMP, Property Analysis Record (PAR), cost estimate, or PAR -equivalent analysis (hereinafter "PAR"), and draft agreement between Permittee and entity implementing the LTMP. Financial Security and Endowment Permittee shall provide a financial security for all restoration measures pursuant to this Agreement as described below. 3.9 Cost Estimate for the Establishment of Habitat Restoration Lands. PRIOR to the initiation of grading activities, the Permittee shall prepare a cost estimate for land acquisition, planning and engineering, construction, monitoring, and legal fees for the restoration sites subject to this Agreement. Alternatively, the Permittee could estimate the costs to be equal to purchasing 10.24 acres of restoration credits at a CDFW- approved mitigation bank. Permittee shall submit the results of the cost estimate to CDFW for review and approval prior to executing a Letter of Credit. 3.10 Property Analysis Record for In -perpetuity Management of Mitigation Lands. Prior to the initiation of Project activities, the Permittee shall conduct a PAR -like analysis once the land manager has been identified to determine the appropriate endowment amount to fund the in -perpetuity management of the Phase C conservation area and Phase D conservation area (which includes the 10.24-acre restoration area) as described in the LTMP. After CDFW approves the PAR, Permittee shall provide the required endowment to a non-profit conservation entity authorized to hold such funds. Interest from the endowment amount shall be available for the long term operation, management, and protection of the mitigation lands, including reasonable administrative overhead, biological monitoring, improvements to biological carrying capacity, law enforcement measures, and any other action designed to protect or improve the habitat values of the mitigation lands. 3.11 Pro e�rty Analysis Record for In -perpetuity Management of the City Open Space Areas. Prior to the initiation of Project activities, the Permittee shall conduct a PAR -like analysis to determine the appropriate amount to fund the in -perpetuity management of the City Open Space Areas by the City of Santa Clarita. 3.12 Right to Deny. CDFW has the right to deny the proposed mitigation site/conservation easement if, on review of the preliminary title report or Phase One Environmental Assessment, CDFW determines the site does not have suitable conservation value. 3.13 Conservation Easement. A conservation easement, or similar protection measure acceptable to CDFW, shall be recorded over the mitigation sites summarized in Table 4 DocuSign Envelope ID: B298EF62-059B-4CE7-9593-EOC87BB28DAE Notification #1600-2020-0101-R5, Revision 3 Streambed Alteration Agreement Page 28 of 33 (under "Mitigation Required") to protect fish and wildlife in perpetuity. The CDFW easement form (please contact CDFW Regional Office or RSLSACompliance(o-),wildlife.ca.gov for the current easement form) shall be executed by the Permittee and provided to the CDFW 18 months after initiating the Project authorized by this Agreement for the Phase C and Phase D conservation areas. An endowment fund or other maintenance -funding source acceptable to CDFW shall be created for the management of these lands in perpetuity 3.13.1 Conservation Easement Grantee. A CDFW-approved non-profit organization qualified pursuant to California Government Code section 65965, or CDFW- approved public agency (collectively, "approved entity") may hold fee title or act as grantee for a conservation easement over the mitigation area. If an approved entity holds a conservation easement, CDFW shall be named third party beneficiary. 3.14 Letter of Credit. A Letter of Credit (LOC) or Surety Bond in a form acceptable to CDFW for the cost of restoration measures for the 10.24 acre restoration area pursuant to this Agreement shall be submitted to CDFW prior to initiation of Project activities, including site preparation and staging. This amount of the LOC shall be based on the PAR analysis in Condition 3.8 and 3.9. 3.15 Draft Copy of LOC. The Permittee shall provide a draft copy of the LOC or Surety Bond to CDFW at the address listed below for review and approval prior to execution. The LOC shall not be executed without CDFW's prior approval. 3.16 Expiration of LOC. In the event that the LOC or Surety Bond will expire before the restoration obligations have been met, the Permittee shall be responsible for providing CDFW a new LOC to replace the existing LOC at least sixty (60) days prior to the expiration date. 3.17 Execution of LOC. Upon execution of the LOC or Surety Bond, the Permittee shall provide the original to the address listed on the LOC template, and one copy of the executed document to CDFW at the address listed below in the Contact Information section. 3.18 Endowment. The Permittee shall establish an endowment, or other funding mechanism, based on the PAR and transfer the funds to either CDFW or a non-profit conservation entity authorized to hold such funds 18 months after initiating the Project for the Phase C and Phase D conservation areas, or as extended by the CDFW as described above. 3.19 City Open Space Areas Funding Mechanism. The Permittee shall establish an endowment, or other funding mechanism, based on the PAR and transfer the funds to a non-profit conservation entity authorized to hold such funds 18 months after initiating the Project for the City Open Space Areas, or as extended by the CDFW as described DocuSign Envelope ID: B298EF62-059B-4CE7-9593-EOC87BB28DAE Notification #1600-2020-0101-R5, Revision 3 Streambed Alteration Agreement Page 29 of 33 above. Alternatively, the City of Santa Clarita shall establish a Landscape Maintenance District, or other public financing district, to fund the perpetual maintenance of the City Open Space Areas within 18 months after initiating the Project. 3.20 Purchase of Credits. To mitigate for 0.2 acres of permanent impact to Fremont cottonwood -willow riparian habitat that occurred under LSA Agreement #1600-1999- 0126-R5, the Permittee shall purchase 0.2 acres of preservation, enhancement, or restoration credits for cottonwood -willow riparian habitat at a CDFW-approved mitigation bank. The Permittee previously attempted to mitigate for these impacts at a 1-acre mitigation site in Phase C, but it failed to meet performance standards. Therefore, Permittee shall purchase credits to mitigate for the impacts. Permittee shall provide proof of mitigation credit purchase 6 months after initiation of Project activities. 4. Reporting Measures Permittee shall meet each reporting requirement described below. 4.1 Notification Prior to Work. The Permittee shall notify CDFW, in writing, at least five (5) days prior to initiation of Project -related activities and at least five (5) days prior to completion of Project and mitigation activities. Notification shall be sent to the email address: RSLSACompliance(cDwildlife.ca.gov, Reference # 1600-2020-0101-R5. 4.2 Final Project Report. Permittee shall provide a final Project report to CDFW no later than one month after the Project is fully completed, including a brief description of the activities performed, color photographs of before and after Project -related activities and surrounding staging areas, and biological survey notes (including monitoring reports). 4.3 Compliance. CDFW shall verify compliance with protective measures to ensure the accuracy of the Permittee's mitigation, monitoring and reporting efforts. CDFW may, at its sole discretion, review relevant documents maintained by the Permittee, interview the Permittee's employees and agents, inspect the work site, and take other actions to assess compliance with or effectiveness of protective measures in this Agreement. All surveys, pre and post construction notifications, monitoring reports and any other required communication between the Permittee and CDFW shall be submitted to RSLSACompliancena wildlife.ca.gov Reference # 1600-2020-0101-R5. CONTACT INFORMATION Any communication that Permittee or CDFW submits to the other shall be in writing and any communication or documentation shall be delivered to the address below by U.S. mail, fax, or email, or to such other address as Permittee or CDFW specifies by written notice to the other. DocuSign Envelope ID: B298EF62-059B-4CE7-9593-EOC87BB28DAE Notification #1600-2020-0101-R5, Revision 3 Streambed Alteration Agreement Page 30 of 33 To Permittee: Blaine Peterson and Barry Villines BLC TESORO LLC. 100 Bayview Circle, Suite 240 Newport Beach, CA 92660 E-mail: mschlesinger(a)-npland.com To CDFW: Department of Fish and Wildlife South Coast Region 3883 Ruffin Road San Diego, California 92123 Attn: Lake and Streambed Alteration Program Notification #1600-2020-0101-R5 Email: RSLSAComplianceCa-)-wildlife.ca.gov LIABILITY Permittee shall be solely liable for any violations of the Agreement, whether committed by Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents or contractors and subcontractors, to complete the Project or any activity related to it that the Agreement authorizes. This Agreement does not constitute CDFW's endorsement of, or require Permittee to proceed with the Project. The decision to proceed with the Project is Permittee's alone. SUSPENSION AND REVOCATION CDFW may suspend or revoke in its entirety the Agreement if it determines that Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, is not in compliance with the Agreement. Before CDFW suspends or revokes the Agreement, it shall provide Permittee written notice by certified or registered mail that it intends to suspend or revoke. The notice shall state the reason(s) for the proposed suspension or revocation, provide Permittee an opportunity to correct any deficiency before CDFW suspends or revokes the Agreement, and include instructions to Permittee, if necessary, including but not limited to a directive to immediately cease the specific activity or activities that caused CDFW to issue the notice. DocuSign Envelope ID: B298EF62-059B-4CE7-9593-EOC87BB28DAE Notification #1600-2020-0101-R5, Revision 3 Streambed Alteration Agreement Page 31 of 33 ENFORCEMENT Nothing in the Agreement precludes CDFW from pursuing an enforcement action against Permittee instead of, or in addition to, suspending or revoking the Agreement. Nothing in the Agreement limits or otherwise affects CDFW s enforcement authority or that of its enforcement personnel. OTHER LEGAL OBLIGATIONS This Agreement does not relieve Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, from obtaining any other permits or authorizations that might be required under other federal, state, or local laws or regulations before beginning the Project or an activity related to it. This Agreement does not relieve Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, from complying with other applicable statutes in the FGC including, but not limited to, FGC sections 2050 et seq. (threatened and endangered species), 3503 (bird nests and eggs), 3503.5 (birds of prey), 5650 (water pollution), 5652 (refuse disposal into water), 5901 (fish passage), 5937 (sufficient water for fish), and 5948 (obstruction of stream). Nothing in the Agreement authorizes Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, to trespass. I11'14kiII]',1:4lkh CDFW may amend the Agreement at any time during its term if CDFW determines the amendment is necessary to protect an existing fish or wildlife resource. Permittee may amend the Agreement at any time during its term, provided the amendment is mutually agreed to in writing by CDFW and Permittee. To request an amendment, Permittee shall submit to CDFW a completed CDFW "Request to Amend Lake or Streambed Alteration" form and include with the completed form payment of the corresponding amendment fee identified in CDFVVs current fee schedule (see Cal. Code Regs., tit. 14, § 699.5). TRANSFER AND ASSIGNMENT DocuSign Envelope ID: B298EF62-059B-4CE7-9593-EOC87BB28DAE Notification #1600-2020-0101-R5, Revision 3 Streambed Alteration Agreement Page 32 of 33 This Agreement may not be transferred or assigned to another entity, and any purported transfer or assignment of the Agreement to another entity shall not be valid or effective, unless the transfer or assignment is requested by Permittee in writing, as specified below, and thereafter CDFW approves the transfer or assignment in writing. The transfer or assignment of the Agreement to another entity shall constitute a minor amendment, and therefore to request a transfer or assignment, Permittee shall submit to CDFW a completed CDFW "Request to Amend Lake or Streambed Alteration" form and include with the completed form payment of the minor amendment fee identified in CDFW's current fee schedule (see Cal. Code Regs., tit. 14, § 699.5). EXTENSIONS In accordance with FGC, section 1605(b), Permittee may request one extension of the Agreement, provided the request is made prior to the expiration of the Agreement's term. To request an extension, Permittee shall submit to CDFW a completed CDFW "Request to Extend Lake or Streambed Alteration" form and include with the completed form payment of the extension fee identified in CDFW's current fee schedule (see Cal. Code Regs., tit. 14, § 699.5). CDFW shall process the extension request in accordance with FGC 1605(b) through (e). If Permittee fails to submit a request to extend the Agreement prior to its expiration, Permittee must submit a new notification and notification fee before beginning or continuing the Project the Agreement covers (FGC section 1605(f)). EFFECTIVE DATE The Agreement becomes effective on the date of CDFW's signature, which shall be: 1) after Permittee's signature; 2) after CDFW complies with all applicable requirements under the California Environmental Quality Act (CEQA); and 3) after payment of the applicable FGC section 711.4 filing fee listed at http://www.wildlife.ca.gov/habcon/cega/cega changes.html. TERM This Agreement shall expire on January 26, 2026, unless it is terminated or extended before then. All provisions in the Agreement shall remain in force throughout its term. Permittee shall remain responsible for implementing any provisions specified herein to protect fish and wildlife resources after the Agreement expires or is terminated, as FGC section 1605(a)(2) requires. AUTHORITY If the person signing the Agreement (signatory) is doing so as a representative of Permittee, the signatory hereby acknowledges that he or she is doing so on Permittee's DocuSign Envelope ID: B298EF62-059B-4CE7-9593-EOC87BB28DAE Notification #1600-2020-0101-R5, Revision 3 Streambed Alteration Agreement Page 33 of 33 behalf and represents and warrants that he or she has the authority to legally bind Permittee to the provisions herein. AUTHORIZATION This Agreement authorizes only the Project described herein. If Permittee begins or completes a Project different from the Project the Agreement authorizes, Permittee may be subject to civil or criminal prosecution for failing to notify CDFW in accordance with FGC section 1602. CONCURRENCE The undersigned accepts and agrees to comply with all provisions contained herein. FOR BLC; TESORO, LLC. ,shine -'e scm DeDe i� a res j tative Barry VilKnes Designated Representative FOR DEPARTMENT OF FISH AND WILDLIFE DocuSigned by: e5eeeFE24-z4 ... Erinn Wilson-Olgin Environmental Program Manager I Prepared by: Emily Galli, Environmental Scientist / -0��-- av--� I Date Date 2/1/2021 Project Boundary ' ` -``fl IDrai1 age DraiZ Grading Limits (2017) Y Drainage0 Soil Test _it I +'Drainage5 `Ilk� ,Abu Drainage - .-. USACE „,r• -� Drainage 8 - Wetland r.•�"+ ramage h Mamie, _ tt'* • 6Dramage 7 Jurisdictional Centerlines Drai Sheet Flow Underground Water Flow i Drainag /' �ongd •-' {� ii � i �-(may`= � r y--.-. Yaio A < /s• �» r :"'Dra'ina�13., 1. • 9 10 _. '1 ,n/3 c - _r Drainage 12 as dill # � �` �- ~��.� Drainage 15 ��i ..•-i /� g •7 - �► � �.-;,,�''MY` ../� Drama a 14 �• Drama e 17 ��rpU 9a('/�T��i+ i - " � . •Y1 �.y/ yam.-"••N�%�!s ; ! A�,� < '' � � �/��. y�•P'��` u g Drainage 22 Drainage 8i n � Sa+`�F b'`D'rainage 18 , i b - Tapia Cany d •.-- % 5ii;4F ,Y Drainage 21 _ Drainage 23 •�"� gyp - Drainage 24'' V%IF ® s✓ •l rJ� �, r - ( eY"'7r ^l �v W'� 4•+^ Qi r. � -� O � - ® r ITIma e 19 aaintree Drainage 27 y� = sAdbtie Rev Draina a 26 p t V�d d . - Low Wtlga= 9 A w ►r ° y``�ppla90 /v ° O�o ox °D�aoy° QI O G Drainage 2����'•,4�' � � 4.h = JI"• .«�.'.;< 6 .� � ; • �a w� Ln um 'n r " ': - .,,• g r gam„ -: - O'' - C ToM Drain gee,2i8 �. J,r.` �Q-..".:, • m �; r l ' T .ire _ QOle, St -. _� � ",.� L,. < - + a''- ``, ,.. •x_ �ao9°�" Mss ova �I �n� � _ •'��X' - .... 0° J°shOaDr �e •SOMAS ��� �YWIPIT R _ city Open Space Areas Map DocuSign Envelope ID: B298EF62-059B-4CE7-9593-EOC87BB28DAE %fp C� r p - �•ol' � fy � �,.: T ' '�ti IK �+ i�,� "'" ,fa ..-a.�K•A+•+° a � �� R� P ,�,•i III ; .. XSr - r - • •--• 1. Copper HII� Dr i/ 1 'r y YYY'F' vas 4 t, 'Y�' ,R • ! '^ i c' r "i 1 a Le'a 1 miry. ..✓✓`,.�q4 d .�'�.. .+wry �i r' lrjje ``". k y. ��rCtltl } ) _�' �e''!� Y ys :y "` �N`-• }l '7 f +yyt7a �� ?� � ..� ..4�w^+. � rgtxldaYlR .� ` � .�, i Project Overview Tesoro del Valle Phase C and D Residential Development Project AN 2,000 1,000 0 2,000 s Feet Rev:01/12/2021 MMD R:\Prc t \BLC\3BLC000101\Gra hics\Misc\ez Pro [Overview. df ( ) jec s p ' jec p RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: CITY OF SANTA CLARITA 23920 Valencia Boulevard, Ste. 300 Valencia, CA 91355 from Recordim Fee (Gov. Code. & 27383 Space above this line for Recorder's use. GRANT OF EASEMENT AND AGREEMENT FOR RIGHT OF ENTRY FOR BIOLOGICAL MANAGEMENT This GRANT OF EASEMENT AND AGREEMENT FOR RIGHT OF ENTRY FOR BIOLOGICAL MANAGEMENT (the "Agreement") is made and entered into by and between CITY OF SANTA CLARITA, a political subdivision of the State of California ("Grantor"), and BLC TESORO LLC, a Delaware limited liability company ("Grantee"). Grantor and Grantee are referred to collectively herein as the "Parties." RECITALS A. Grantee is the owner and developer of that certain residential development project located in unincorporated Los Angeles County (the "County") and known as "Tesoro Highlands" (the "Project"), which Project is the final phase of development of the Tesoro del Valle master planned community and includes the construction of 820 residential units and certain other uses within a total project area of approximately 1,275 acres (the "Project Site"). B. The Project was approved by the County on November 7, 2018 by action of the County's Regional Planning Commission as more fully described in Revised Vesting Tentative Tract Map TR51644-1 (as amended on June 23, 2020 and June 15, 2021) and certain related approvals, including Conditional Use Permit No. 200600210, Discretionary Housing Permit No. 2016001958 and Oak Tree Permit No. 201000029 (the "Project Approvals"), which Project Approvals were issued subject to certain conditions of approval (the "Conditions of Approval"). Condition of Approval 35 requires Grantee to dedicate to a governmental agency or non-profit organization approximately 770 acres of land within the Project Site and described on Exhibit A attached hereto (collectively, the "City Open Space Areas"), and to provide certain funding for the management and maintenance of such dedicated City Open Space Areas. C. In furtherance of the requirements of Condition 35, Grantee is entering into an Open Space Management and Maintenance Agreement ("OSMMA") with the City to provide for the management and maintenance as open space, of the City Open Space Areas. D. Condition of Approval 11 requires Grantee to comply with certain mitigation measures set forth in that certain Mitigation Monitoring and Reporting Program adopted in accordance with the California Environmental Quality Act and incorporated by reference into the Conditions of Approval ("MMRP"). 072906\12762769v4 E. The MMRP includes requirements (the "Grantee Mitigation Requirements") for Grantee to undertake certain habitat -related improvements within the City Open Space Areas (the "Habitat Improvements") and, following completion of the Habitat Improvements, to monitor and maintain such Habitat Improvements for a five-year period, which Grantee Mitigation Requirements are more fully described in the following habitat mitigation and monitoring plans and programs prepared by the Psomas and approved by the County (collectively, the "HMMPs"), including: (i) "Special Status Vegetation Types, Habitat Mitigation and Monitoring Program, Tesoro del Valle Phases B and C, Revised VTTM 51644-1, Los Angeles County, California, EIR Mitigation Measure Bio-1", dated January 25, 2021, (ii) Oak Tree Habitat Mitigation and Monitoring Plan, Tesoro del Valle Phases B and C, Revised VTTM 51644-1, Los Angeles County, California, EIR Mitigation Measure Bio-2" dated November 9, 2020, (iii) Mariposa Lily Habitat Mitigation and Monitoring Plan, Tesoro del Valle Phases B and C, Revised VTTM 51644-1, Los Angeles County, California, EIR Mitigation Measure Bio-3" dated November 9, 2020, and (iv) Western Spadefoot Translocation Program, Tesoro del Valle Phases B and C, Revised VTTM 51644-1, Los Angeles County, California, EIR Mitigation Measure Bio-4" dated November 2020. Copies of each of the HMMPs are attached to the OSMMA as Exhibit B to that document. F. Upon satisfaction of the Grantee Mitigation Requirements, including completion of the five-year monitoring period established for the Habitat Improvements, City will undertake the long-term maintenance and management of the Habitat Improvements as required by the HMMPs and as more fully set forth in each of the HMMPs. G. This Agreement is being executed and delivered to allow Grantee to enter the City Open Space Areas for the limited purpose of conducting the Grantee Mitigation Requirements in accordance with the HMMPs until Grantee's satisfaction of the Grantee Mitigation Requirements. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals which are specifically incorporated into the body of this Agreement, the mutual promises contained herein and the material reliance by the Parties thereon, and other valuable consideration the receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants to Grantee the right of entry of the nature and character hereinafter set forth (the "Easement"). 1. Description of Easement. Grantee and Grantee's contractors and agents (the "Grantee Parties") shall have the non-exclusive right in gross to enter upon City Open Space Areas in such manner as is reasonably necessary to conduct the Grantee Mitigation Requirements in accordance with the HMMPs. Grantor shall provide to Grantee any key(s) or combination(s) to the lock(s) to gates needed for Grantee's entry as herein provided. The easement granted under this Agreement is non-exclusive and Grantor shall have the right to use the Open Space Areas and to grant other easements in, on, over and across the Open Space Areas, so long as the exercise by Grantor of its right to use the Open Space Areas, and to grant other easements in, on, over and across the Open Space Areas does not interfere with Grantee's rights under this Agreement and is not otherwise prohibited by any other encumbrances on the 072906\12762769v4 2 Open Space Areas (such as to the extent prohibited in the OSMMA). Grantee recognizes Grantor's title and interest in and to the Open Space Areas and agrees never to assail or resist Grantor's title or interest therein by reason of any of the rights granted to Grantee under this Agreement 2. Term. The Easement shall run with the City Open Spaces Areas until completion of the Grantee Mitigation Requirements in accordance with the HMMPs. Every provision, right and obligation under this Agreement that applies to Grantor and Grantee shall also apply to and be binding upon their respective agents, heirs, executors, administrators, successors and assigns. 3. No Liens. Grantee shall keep Grantor's interest in the City Open Space Areas free from any liens imposed to secure an obligation incurred by Grantee, including those arising out of any obligations incurred by Grantee for any labor or materials furnished or alleged to have been furnished at or for use on the City Open Space Areas, and shall indemnify, defend and hold Grantor harmless from all liability resulting from any lien or claim of lien arising therefrom. 4. Costs and Liabilities. Grantor shall retain all rights and responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the City Open Space Areas, subject to the Conservation Easement and this Agreement. 5. Indemnification. (a) Grantee and its successors and assigns shall hold harmless, indemnify, and defend the Grantor and its officials, officers, employees, agents, contractors, and representatives (collectively "Grantor Indemnified Parties") from and against any and all liabilities, penalties, costs, losses, damages, expenses (including without limitation, reasonable attorneys' and experts' fees), causes of action, claims, demands, orders, liens or judgments, including, without limitation, liability arising in connection with personal injury, wrongful death or property damage (each a "Claim" and, collectively, "Claims"), arising from or in any way connected with any act, omission, condition, or other matter related to or occurring on or about the City Open Space Areas, caused by Grantee or its successors or assigns or its or their agents, contractors or employees. If any action or proceeding is brought against any of the Grantor Indemnified Parties by reason of any Claim to which the indemnification in this Subsection 5(a) applies, then at the election of and upon written notice from such Grantor Indemnified Party, Grantee and its successors and assigns shall defend such action or proceeding by counsel reasonably acceptable to the applicable Grantor Indemnified Parry or reimburse the Grantor Indemnified Party for all expenses (including, without limitation, reasonable attorneys' and experts' fees) incurred in defending the action or proceeding. (b) Grantor and its successors and assigns shall hold harmless, indemnify, and defend Grantee and its directors, officers, employees, agents, contractors, and representatives (collectively "Grantee Indemnified Parties") from and against any and all liabilities, penalties, costs, losses, damages, expenses (including without limitation, reasonable attorneys' and experts' fees), causes of action, claims, demands, orders, liens or judgments, including, without limitation, liability arising in connection with personal injury, wrongful death or property damage (each a "Claim" and, collectively, "Claims"), arising from or in any way connected with any act, omission, condition, or other matter related to or occurring on or about the City 072906\12762769v4 Open Space Areas, caused by Grantor or any other person other than Grantee or its successors or assigns or its or their agents, contractors or employees. If any action or proceeding is brought against any of the Grantee Indemnified Parties by reason of any Claim to which the indemnification in this Subsection 5(b) applies, then at the election of and upon written notice from such BLC Tesoro Indemnified Party, Grantor and its successors and assigns shall defend such action or proceeding by counsel reasonably acceptable to the applicable Grantee Indemnified Party or reimburse the Grantee Indemnified Party for all expenses (including, without limitation, reasonable attorneys' and experts' fees) incurred in defending the action or proceeding. 6. Hazardous Materials. (a) In Grantee's exercise of its rights under this Agreement, Grantee agree to, and agrees to cause its employees, agents, servants, contractors, invitees, licensees and permittees to, at all times and in all respects, comply with all federal, state and local laws, ordinances, and regulations ("Hazardous Materials Laws") relating to industrial hygiene, environmental protection or the use, analysis, generation, manufacture, storage, disposal, or transportation of any oil, flammable explosives, asbestos, urea formaldehyde, or other hazardous, toxic, contaminated, or polluting materials, substances, or wastes, including, without limitation, any "hazardous substances," "hazardous wastes," "hazardous materials," or "toxic substances" under any such laws, ordinances, or regulations (collectively, "Hazardous Materials"). (b) Without limiting Grantee's other obligations of indemnity under this Agreement, Grantee agrees to indemnify, protect, defend, and hold the Grantor Indemnified Parties, and each of them, harmless from and against any and all claims, demands, losses, liabilities, damages, actions, judgments, costs and expenses (including reasonable attorneys' fees and costs and expenses in connection therewith) which they, or any of them, may suffer or incur to the extent arising out of or relating to any Hazardous Materials brought onto, stored or produced at, of released or disposed of on, the Property by or for Grantee or its successor or assigns or any of it or their employees, agents, servants, contractors, invitees, licensees, or permittees. Grantee's obligations shall include, but not be limited to, the cost of investigation, removal, remediation, restoration, and/or abatement. 7. Insurance. Grantee shall at all times keep and maintain a policy of combined single limit bodily injury and property damage insurance insuring Grantor and Grantee against liability arising out of the use of, or the conduct of any activities on or about, the City Open Space Areas by Grantee, its officers, agents, employees, contractors, servants, licensees, invitees or permittees. Such insurance shall be a combined single limit policy for personal and bodily injury and property damage in an amount not less than $5,000,000 per occurrence. The policy shall be primary and non-contributing with any insurance maintained by Grantor. The policy shall insure performance by Grantee of its indemnity obligations under this Agreement, but the limits of such policy shall not limit Grantee's indemnity obligations. 8. Assignment. Grantee may assign its rights and delegate its obligations under this Agreement at any time to any authorized successor of Grantee under the OSMMA. 9. Notices. All notices or other communications required or permitted under this Agreement shall be given in writing and shall be personally delivered (including by means of 072906\12762769v4 4 professional messenger service), sent by overnight courier, or sent by registered or certified U.S. mail, postage prepaid return receipt requested to the addresses set forth below. All notices sent by U.S. mail shall be deemed received five (5) days after the date of deposit with the United States Postal Service, and all notices sent by other means permitted herein shall be deemed received on the date delivered. Notice may also be given by electronic mail transmission ("E- Mail") to any party at the respective E-Mail addresses listed below, provided that notice is also concurrently given by one of the other methods authorized above. An E-Mail delivered after 5:00 P.M. Pacific Time on any business day or anytime on the weekend or a legal holiday shall be deemed delivered on the next business day. Either of the parties may change their addresses by providing written notice thereof to the other parties in the manner set forth above without the need to amend this Agreement. To Grantee: BLC Tesoro c/o Newport Pacific Land 100 Bayview Circle, Suite 240 Newport Beach, CA 92660 Attn: John Patterson Telephone: (949) 945-2290 Email: jpatterson@npland.com With a copy to: Cox, Castle & Nicholson LLP 50 California Street, 32nd Floor San Francisco, California 94111 Attn: Clark Morrison Telephone: (415) 262-5113 Email cmorrison@coxcastle.com To Grantor: City of Santa Clarita 23920 Valencia Boulevard, Ste. 300 Santa Clarita, California 91355 Attn: Kenneth W. Striplin Tel: 661-255-4905 Email: kstriplin@santa-clarita.com 10. Miscellaneous Terms. (a) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard for its conflicts of law principles. (b) Entire Agreement. This instrument together with the attached exhibits and any documents referred to herein sets forth the entire agreement of the parties with respect to the Agreement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Agreement. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment signed by both parties. 072906\12762769v4 (c) Captions and Paragraph Headings. Captions and paragraph headings used herein are for convenience only. They are not a part of this Agreement and shall not be used in construing this Agreement. (d) BindingEffect. ffect. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, legal representatives and successors. (e) Drafting. The Parties agree that this Agreement is the project of joint draftsmanship and that should any of the terms be determined by a court, or in any type of quasi- judicial or other proceeding, to be vague, ambiguous and/or unintelligible, that the same sentences, phrases, clauses or other wording or language of any kind shall not be construed against the drafting parry in accordance with California Civil Code Section 1654, and that each parry to this Agreement waives the effect of such statute. (f) Authorization to Record, Effective Date. Grantee is authorized to record this Agreement in the Official Records of the County of Los Angeles, State of California, and the effective date of the Agreement shall be the date on which it is so recorded. (g) Execution in Counterparts. The parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by all parties; each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. (h) Survival of Indemnities. The indemnification obligations of Grantor and Grantee under this Agreement survive the expiration or other termination of the Agreement for Claims �>,� arising from or relating to matters occurring prior to the expiration or other termination of this Agreement. [Signatures on follow ing page] 072906\12762769v4 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first above written. GRANTOR: GRANTEE: CITY OF SANTA CLARITA, BLC TESORO LLC, a California municipal corporation a Delaware limited liability company By. By: — Name: Name: Title: Title: APPROVED AS TO FORM: By: Name: By: Title: Name: Title: City Attorney EXHIBITS: Exhibit A — City Open Space Areas 072906\12762769v4 7 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) SS County of ) On before me, a notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my hand and official seal. Signature (Seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) SS County of ) On before me, a notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my hand and official seal. Signature (Seal) EXHIBIT A CITY OPEN SPACE AREAS EXHIBIT E LEGEND SN"ROL & DESCRIPTION I&2 ❑PARCEL OPEN SPACE FOR [NIT] Al. TRANSFER TO CITY LlOPEN SPACE FOR FUTURE TRANSFER TO CITY — PUBLIC TRAIL EASEMENTS area'WE 30-11 PUBLIC TRAIL EASEMENTS 'o C o'. x PUBLIC TRAIL v EASEMENTS ru nut. F EASEMI ()PFN SPAfE 60UrvpA0.v PARCEL PUBLIC TRAIL EASEMENTS TESORO HIGHLANDS PUBLIC TRAIL EASEMENTS EXHIBIT PUBLIC TRAIL EASEMENTS it '-- ----CUFFIE STONE TRAIL SAN FRANCISQUITO CANYON RD 07MUal A This page is part of your document - DO NOT DISCARD 20171388438 II II IIIII II I IIIII III IIIII II I IIII II II IIIII II II IIII III Recorded/Filed in Official Records Recorder's Office, Los Angeles County, California 12/01/17 AT 08:OOAM p0013 FEES: 51.00 TAXES: 0.00 OTHER: 0.00 PAID: 51.00 LEADSHEET 111111111111111111111111111111111111111111111111111111111111111 201712010180006 00014592328 alNlllll�lllllllllllll�lllll 008759824 SEQ: 13 DAR - Title Company (Hard Copy) I ... I ..0 .... -. mu• w ...... um.... ....... u... I... ..". ".I. , ,, I I'm.IIII 1411 Q., THIS FORM IS NUT TO BE DUPLICATED T72 �4G79Y3 WX 1210112017 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Landmark Law Group, Inc. *20171388438' 406 Broadway, Suite 350G — -- -- -- Santa Monica, CA 90401 Attn: Nazanin Nassir, Esq. (1.315.00901) MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT (this "Memorandum") is made effective as of August 10, 2017, by and between BLC TESORO LLC, a Delaware limited liability company ("Grantor") and DACA-CASTATC LLC, a California limited liability company ("Grantee'), with reference to the following facts: RECITALS A. Grantor and Grantee have entered into that certain Joint Cooperation Agreement, dated as of August 1.0, 2017 (as amended from time to time, the "Agree inent"), providing for, among other things, the recordation of certain "Easements" (as defined in the Agreement) on portions of the real property more particularly described on Exhibit "A" attached hereto (the "Grantor Property"). B. Grantor and Grantee now desire to set forth a memorandum of record thereof. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties hereto, it is hereby agreed as follows; 1. Agreement. Grantor and Grantee have agreed to certain terms upon which Grantor shall grant to grantee certain Easements on portions of the Grantor Property, all in accordance with and subject to the terms and conditions contained in the Agreement. 2, Termination. This Memorandum shall automatically terminate and be of no further force or affect upon the first to occur of (a) the recordation of any of the Easements contemplated' in the Agreement, or (b) August 9, 2047. 3. Purpose. This Memorandum is prepared solely for the purpose of recordation, and it in no way modifies the provisions of the Agreement. All 07573519053478v2 3 IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date first written above. GRANTOR: BLC TESORO LLC, a Delaware limited liability company By: Donald S. Grant Executive Vice President By: &7i4n,-Am Douglas C. Neil GRANTEE; President DACA-CASTATC LLC, a California limited liability company . .1 0757351905367gv2 2 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CAV-Fgs "vet cL COUNTY OFk On J&V--4jeV- 17, 2617 , before me, %tt( "Ai I #,I , a Notary Public, personally ap eared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/gpesubscribed to the within instrument and acknowledged to me that he/sfieth;.y- executed the same in his/her/their authorized capacity(ies), and that by his/ t7tw signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, RANIEL TINLIN o COMM. *2103589 Z a Motary public • California San Diego County C M Comm. Expires May. ZQ19 Signature: Name of Notary:,�,� County in which commissioned:_5�_ w We-c Date Commission Expires i�o►r" 1`1, 2vt Commission No. 21035 q A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF Ca�i-V&nla } COUNTY OF } On�aAvm (2.q� jkl, before me, MarShaQrA [Wlns�i( , a Notary Public, personally appeared , who provedlto me on the basis of satisfactory evidence to be the person(s) whose name(s) Xare subscribed to the within instrument and acknowledged to me that h�shelfhey executed the same in,bie /their authorized capacity(ies), and that by,4W) t/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Name of Notary: County in which commissioned; Qf- Date Commission Expires �en t p q.,Iz21 Commission No. �� '3 p .., MAASNAYA WINS7oM r NotaryAublir- California Orange County Commission # 211J344 My Comm. Expires Sep 9, 2021 BXI-IIBIT A Grantor Property Legal Description 07573518252339v13 Exhibit A -I Real property In the Unincorporated Area of the County of Las Angeles, State of Callfomla, desal4ed as follows: PARCEL A: PARCELS 19 THROUGH 55, INCLUSIVE, OF PARCEL MAP NO. 26320, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 310, PAGES 1 THROUGH 51, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OFSAID COUNTY EXCEPTING THEREFROM THE FOLLOWING: ALL THE COAL AND OTHER MINERALS IN SAID LAND, AS RESERVED TO THE U.S. OF A PATENT, RECORDED IN BOOK 6239, PAGE 42 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THE RIGHT TO PROSPECT FOR, MINE AND REMOVE THE SAME PURSUANT TO PROVISIONS AND LIMITATIONS OF THE ACT OF DECEMBER 29, 1916 (39 5TATUTE 862) RESERVED IN PATENT RECORDED ]UNE 08, 1926 AS INSTRUMENT NO, 1190, IN BOOK 6239, PAGE 42 OF OFFICIAL RECORDS. THE OEED FROM HARRY CAREY ET UX., RECORDED APRIL 18, 1945 AS INSTRUMENT NO. 1080, IN BOOK 21882, PAGE 1S2 OF OFFICIAL RECORDS PURPORTS TO EXCEPT AND RESERVE FROM SAID LAND 25 PERCENT OF ALL OIL AND MINERAL RIGHTS. ALSO EXCEPTING THEREFROM 50 PERCENT OF ANY AND ALL DEPOSITS OF OIL, GAS AND OTHER HYDROCARBON SUBSTANCES UNDERLYING SAID LAND OR PRODUCED THEREFROM AND 50'hERCENT OF ANY RENTALS ACCRUING OR RESULTING FROM EXPLORATION THEREFROM PROVIDED HOWEVER THAT SUCH RESERVED RIGHTS SHALL NOT BE DEEMED TO GIVE THE GRANTOR, THE SUCCESSORS OR ASSIGNS ANY RIGHT TO ENTER UPON ANY OF SAID Hrst Amedan rda Insurance Company 07573%8232339YI3 Exhibit A-2 Form No, 140204 ALTA Owners Policy POW p4ge 6 F dlcy Humtwr; 47177,01 LAND FOR A DEVELOPMENT OF ANY SUCH OIL, GAS OR OTHER HYDROCARBON SUBSTANCES, AS RESERVED IN THE DEED FROM A 3OHN TRAINOR, RECORDED APRIL 02,19S3 AS INSTRUMENT NO. 1005,1N BOOK 41373, PAGE 154 OF OFFICIAL RECORDS OF SAID COUNTY, ALSO EXCEPTING THEREFROM ALL THE COAL AND OTHER MINERALS IN SAID LAND, TOGETHER WITH THE RIGHT TO PROSPECT FOR, MINE AND REMOVE THE SAME, AS RESERVED IN THE PATENT FROM THE U.S. OF A RECORDED DECEMBER 27, 1926 AS INSTRUMENT NO 695, IN BOOK 6156, PAGE 125 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ALSO EXCEPTING THEREFROM 50 PERCENT OF 100 PERCT;NT OF ALL OIL, GAS, MINERAL ASPHALTUM AND OTHER HYDROCARBON SUBSTANCES UNDERLYING,SAID PROPERTY OR THAT MAY BE PRODUCED THEREON OR THEREFROM BUT WITHOUT THE RIGHT OF ENTRY ABOVE THE DEPTH OFF 500 FEET BELOW THE SURFACE OF SAID LAND, AS RESERVED BY MINA F. OAKLEY, A MARRIED WOMAO WHO ACQUIRED TITLE AS MINA F. VAN WHY, A MARRIED WOMAN, AS HER SEPARATE PROPERTY IN DEED DATED MAY 16, 1960, RECORDED 3UNE 01, 1960 IN BOOK 0-063, PAGE 484 OF OFFICIAL RECORDS, PARCEL Al: EASEMENTS FOR GRADING, SLOPE, DRAINAGEw LANDSCAPING, PUBLIC AND PRIVATE UTILITIES, MAINTENANCE, INGRESS, EGRESS AND INCIDENTAL PURPOSES PER THOSE DOCUMENTS ENTITLED "EASEMENT AGREEMENT' RECORDED'NOVEMBER 07, 2011 AS INSTRUMENT NO.20111507786 AND "GRANT OF EASEMENT' RECORDED DECEMBER,15, 2011 AS INSTRUMENT NO, 20111701958, BOTH OF OFFICIAL RECORDS. PARCEL B: THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 5 NORTH, RANGE 16 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPT THEREFROM THAT PORTION OF SAID LAND INCLUDED WITHIN A STRIP OF LAND 50 FEET WIDE, THE SIDELINES OF SAID STRIP OF LAND, BEING PARALLEL WITH AND DISTANT 25 FEET (MEASURED AT RIGHT ANGLES) ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT IN THE WEST LINE OF SAID SECTION 22, DISTANT THEREON NORTH 009 16' 04" EAST 101340 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 22, AS MARKED BY A LOS ANGELES COUNTY SURVEYOR'S BRASS CAP; THENCE NORTH 246 46, 15" EAST 503,88 FEET; THENCE NORTH 71° OV 07" EAST 190,09 FEET; THENCE SOUTH 6911 IT 50" EAST 456.99 FEET; THENCE NORTH 690 52' 22" EAST 345.26 FEET; THENCE NORTH 130 31- 27" WEST 231.07 FEET, THENCE NORTH 60° 38' 44" EAST 189.35 FEET; THENCE NORTH 02° 07 10" WEST 166,58 FEET, THENCE NORTH 380 25' 4T WEST 197,27 FEET; THENCE NORTH 590 34' 24" WEST 163.37 FEET TO A POINT. ALSO EXCEPT THEREFROM THAT PORTION OF SAID LAND LYING NORTH OF THE SOUTHERLY BOUNDARY OF A STRIP OF LAND, 350 FEET WIDE, THE SIDELINES OF SAID STRIP OF LAND BEING A PARALLEL WITH AND DISTANT SOUTHWESTERLY 210 FEET AND DISTANT NORTH EASTERLY 140 FEET (MEASURED AT RIGHT ANGLES) FROM THE' FOLLOWING DESCRIBED LINES; COMMENCING ATA POINT IN THE EAST LINE OF SECTION 21,-TOWNSHIP 5 NORTH,.RANGE 16 WEST, SAN BERNARDINO BASE AND MERIDIAN, DISTANT THEREON SOUTH 000 16' 27" WEST 390.79 FEEL FROM THE EAST QUARTER CORNER OF SAID SECTION 21 AS MARKED BY A LOS ANGELES COUNTY SURVEYOR'S BRASS CAP; THENCE,NORTH 53" f7' 02" WEST 750.30 FEET TO THE TRUE POINT OF BEGINNING; THENCE FROM SAID TRUE POINT OF BEGINNING SOUTH 58° '17' 02" EAST 2082.50 FEET; THENCE SOUTH 6411 1 V 47' EAST 1058.64 FEET TO A POINT, First Am"rlcan TWe Insurance CompmV 0757351825233903 Exhibit A-3 Form No. 1402.06 POW Pace 7 AtTA Ownedt ANICY (647•06) Poky NWAN:r. 47172M ALSO EXCEPT THEREFROM THAT PORTION OF SAID LAND INCLUDED WITHIN A STRIP OF LAN D,,50 FEET WIDE, THE SIDELINES OF SAID STRIP OF LAND BEING PARALLEL WITH AND DISTANT 25 FEET (MEASURED AT RIGHT ANGLES) ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT IN THE WEST LINE OF SAID SECTION 22, DISTANT THEREON SOUTH_ 000 16' 27" WEST 390.79 FEET FROM WEST QUARTER CORNER OF SAID SECTION 22 AS MARKED BY A LOS ANGELES COUNTY SURVEYOR'S BRASS CAP; THENCE FROM SAID POINT OF BEGINNING SOUTH 580 1702" EAST 1332.20 FEET; THENCE SOUTH 04° 46' 30" FAST 49,11 FEET; THENCE SOUTH 00° 28' 3V WEST 295.83 FEET TO A POINT, ALSO EXCEPT AN UNDIVIDED 90 PERCENT OF ALL OIL, GAS AND OTHER HYDROCARBON IN AND UNDER THE HEREIN GRANTED PROPERLY, LYING BELOW A DEPTH OF 600 FEET BELOW THE SURFACE THEREOF, WITHOUT THE RIGHT OF SURFACE ENTRY, AS RESERVED IN DEED RECORDED FEBRUARY 4, 1966 AS INSTRUMENT NO. 4306. PARCEL C: THAT PORTION OF PARCEL S OF PARCEL MAP NO. 26320, CN THE UNINCORPORATED TERRITORY OF THE COUNTY'OF LOS ANGELES, STATE OF CALIFORNIA AS SHOWN ON MAP FILED IN BOOK 310 PAGES 1 TO 51,,OF PARCEL MAPS, RECORDS OF SAID COUNTY LYING NORTHWESTERLY OF THE NORTHWESTERLY LINES OF LOTS I AND 2 OF TRACT NO. 51644-01 AS SHOWN ON MAP FILED IN BOOK 1271 PAGES 8 TO 21, INCLUSIVE, OF MAPS, RECORDS OF SAID COUNTY. EXCEPT ALL THE COAL AND OTHER MINERALS IN SAID LAND AS RESERVED TO THE U.S, OF A. IN PATENT RECORDED IN BOOK 6239 PAGE 42, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THE; RIGHT TO PROSPECT FOR, MINE AND REMOVE'THE SAME PURSUANT TO PROVISIONS AND LIMITATIONS OF THE ACT OF DECEMBER 29, 1916 (39 STATUTE 862) RESERVED IN PATENT RECORDED }UNE 8, 1926 AS INSTRUMENT NO. 1190 IN SAID BOOK 6239 PAGE 42, OFFICIAL RECORDS. AL50 EXCEPT ALL THE ORAL AND .OTHER MINERALS IN SAID LAND; TOGETHER WITH THE RIGHT TO PROSPECT FOR MINE AND REMOVE THE SAME AS RFSERVED IN THE PATENT FROM THE U.S. OF A. RECORDED DECEMBER 27, 1926 AS INSTRUMENT NO. 695 IN BOOK 61S6 PAGE 125, OFFICIAL RECORDS; IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ALSO EXCEPT 25 PERCENT OF ALL OILAND MINERAL RIGHTS RESERVED IN THE DEE:D'FROM HARRY CAREY AND OLIVE CAREY, HUSBAND AND WIFE, RECORDED APRIL 18, 1945 AS INSTRUMENT NO. 1080 IN BOOK 21887 PAGE 152, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY'RECORDER OF SAID COUNTY. ALSO EXCEPTTHEREFROM 50 PERCENT OF ANY AND ALL DEPOSITS OF OIL, GAS AND OTHER HYDROCARBON SUBSTANCES UNDERLYING SAID LAND OR PRODUCED THEREFROM AND S0 PERCENT OF ANY RENTALS ACCRUING OR RESULTING FROM EXPLORATION THEREFROM, PROVIDED, HOWEVER, THAT SUCH RESERVED RIGHTS SHALL NOT BE DEEMED TO GIVE THE GRANTOR, THE' SUCCESSORS OR ASSIGNS ANY RIGHT TO ENTER UPON ANY OF SAID LAND FOR A DEVELOPMENT OF ANY SUCH OIL, GAS OR OTHER HYDROCARBON SUBSTANCES, AS RESERVED IN THE DEED FROM A. JOHN TRAINOR, RECORDED APRIL 2, 1953 AS INSTRUMENT NO. 1005IN BOOK 41373 PAGE 1S4, OFFICIAL RECORDS OF SAID COUNTY. ALSO EXCEPT THEREFROM 50 PERCENT OF 100 PERCENT OF -ALL OIL, GAS, MINERAL ASPHALTUM AND OTHER HYDROCARBON SUBSTANCES UNDERLYING SAID PROPERTY OR THAT MAY BE PRODUCED THEREON OR THEREFROM BUT WITHOUT THE RIGHT OF ENTRY ABOVE THE DEPTH OF 500 FEET BELOW THE SURFACE OF SAID LAND, AS RESERVED BY MINA F. OAKLEY, A MARRIED WOMAN WHO ACQUIRED TITLE AS MINA F. VAN WHY, A MARRIED WOMAN, AS HER SEPARATE PROPERTY, IN DEED DATED MAY 16,1960 RECORDED ]UNE 1, 1960 IN BOOK D863 PAGE 484, OFFICIAL RECORDS. First Ammean TB1e Im"nee Company 07573518252339vE3 Exhibit A4 /0 Farm No. 140106 Aoflq Papa 8 ALTA Owners Palky (6-17-06) Policy Humber. 471721M PARCEL D., PARCEL 4 AS SHOWN ON CERTIFICATE OF COMPLIANCE NO,102-131 LIA EVIDENCED BY DOCUMENT RECORDED JANUARY 16, 2004 AS INSTRUMENT NO.04-0118368 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; THOSE PORTION OF PARCELS 15 AND 17 OF PARCEL MAP NO. 26320 IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA PER MAP FILED IN BOOK 310 PAGES 1 'THROUGH 51, INCLUSIVE, OF PARCEL MAPS, RECORDS OF SAID COUNTY, LYING EASTERLY.AND SOUTHERLY OF THE FOLLOWING DESCRIBED LINE, BEGINNING AT THE MOST EASTERLY CORNER OF LOT 1 OF TRACT NO. 51644-05 PER MAP FILED IN BOOK 1273 PAGES 7 THROUGH 16, INCLUSIVE, OF MAPS, RECORDS OF SAID COUNTY;THENCE 1. ALONG THE NORTHEASTERLY BOUNDARYOF SAID TRACT NO.,51644-05 1704708" EAST 64.00 FEET TO THE SOUTHEASTERLY TERMINUS, THEREOF; THENCE 2. LEAVING SAID NORTHEASTERLY BOUNDARY SOUTH 7101730" EAST 39.05 FEET; THENCE 3. SOUTH 469732" EAST 16.49 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING RADIUS OF 130.00 FEET: THENCE 4. SOUTHEASTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 25°22'06" AN ARC DISTANCE OF 59.93 FEET; THENCE S. TANGENT TO LAST SAID CURVE SOUTH 20915'26" EAST 47.43' FEEL' TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 700.00 FEET: THENCE 6. SOUTHEASTERLY ALONG LASTSAID CURVE THROUGH A CENTRAL ANGLE OF 09°5979" AN ARC DISTANCE OF 1222.37 FEET; THENCE 7. TANGENT TO LAST SAID CURVE SOUTH 30014'55" EAST 5,36 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 278.00 FEET; THENCE B. SOUTHEASTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 19013'27" AN ARC DISTANCE OF 93.28 FEET TO THE BEGINNING OFA TANGENT REVERSE CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 1020.00 FEET; THENCE S. SOUTHEASTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL. ANGLE OF 0702623" AN ARC DISTANCE OF 13144 FEET; THENCE 10. TANGENT TO LAST SAID CURVE SOUTH 18027'51" EAST 28,19 FEET; THENCE 11. SOUTH 25°3104" EAST'20.48 FEET TO THE BEGINNING, OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 135.00 FEET; THENCE IL SOUTHERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 74°43'00" AN ARC DISTANCE OF 177.35 FEET; THENCE 13. TANGENT TO LAST SAID CURVE SOUTH 4901156" WEST 12.64 FEET, THENCE '14, SOUTH 451125'311" WEST 122.85 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 250.00 FEET; THENCE 15. SOUTHWESTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 0702000" AN ARC DISTANCE OF 32.43 FEET, THENCE 1'6. TANGENT TO LAST SAID CURVE•SOUTH 37°59'36" WEST 55,02 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE -SOUTHEASTERLY HAVING A RADIUS OF 200.00 FEET; THENCE 17. SOUTHWESTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 38044'50" AN ARC DISTANCE CF 13S.25 FEET; THENCE 18. TANGENT TO LAST SAID CURVE SOUTH 00045'14" EAST 164.18 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 500.03 FEET; THENCE 19. SOUTHERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 091*25104" AN ARC DISTANCE OF 82.19 FEET; THENCE 20. TANGENT TO LAST SAID CURVE SOUTH 08a39'50" WEST 166.47 FEET, THENCE 21. SOUTH IW04'16" WEST 24.56 FEET; THENCE 22. SOUTH 11028'42" WEST 193.-19 FEET TO 1HE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 108.00 FEET; THENCE 23. SOUTHWESTERLY ALONG LAST,SAID CURVE THROUGH A CENTRAL ANGLE OF 12009'29" AN ARC DISTANCE OF 212.92 FEET, THENCE 24. TANGENT TO LAST SAID CURVE SOUTH 23038'11" WEST 6220 FEET TO THE -BEGINNING Fast Amei an TW Inwranee Company 0757351 252339vO Exhibit A-5 l� Farm Ro.1qLQ4 ALTA OWWS Poky (6.1746) Poky Paqe 9 P q Number. 47172D4 OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 108.00 FEET; THENCE 25. SOUTHWESTERLY ALONG LAST SAID CURVE THROUGH A CENTRALANGLE OF 10°55'42" AN ARC DISTANCE OF 20.60 FEETTO A POINT ON THE EASTERLY PROLONGATION OF THAT CERTAIN CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1532.00 FEETIN THE NORTHERLY BOUNDARY OF SAID TRACT NO, 51544.05, ON THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF MARISCAL ROAD AS SHOWN ON MAP OF SATO TRACT" NO, 5164+05, A RADIAL LINE THROUGH LAST SAID POINT BEARS SOUTH 00e55'15" WEST; THENCE 26. WESTERLYALONG SAID EASTERLY PROLONGATION AND SAID NORTHERLY BOUNDARY AND LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 02e3154" AN ARC DISTANCE OF 70.37 FEET, THENCE 27.TANGENT TO LAST SAID CURVE AND CONTINUING ALONG SAID NORTHERLY BOUNDARY SOUTH 8B°1821" WEST 71.86 FEETTO THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE 1N THE WESTERLY LINE OF SAID PARCEL 17 SHOWN ON SAID MAP OF PARCEL MAP % 26320 AS NORTH 010409" WEST 64,00 FEET, EXCEPTING THEREFROM THOSE PORTIONS DESCRIBED WITHIN THAT DOCUMENT ENTITLED "QUITCLAIM DEED AND CONSERVATION AGREEMENT RECORDED MARCH 31, 2009 AS INSTRUMENT NO. 20090460902 OF OFFICIAL RECORDS. EXCEPT ALL THE ODAL AND OTHER MINERALS IN SAID LAND AS RESERVED TO THE U.S. OF A. IN PATENT RECORDED IN BOOR 6239 PAGE 42; OFFICIAL RECORDS; IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THE RIGHT TO PROSPECT FORT MINE AND REMOVE THE SAME PURSUANT TO PROVISIONS AND LIMITATIONS OF THE ACT OF DECEMBER 29,1916 (39 STATUTE B62) RESERVED IN PATENT RECORDED JUNE B, 1926AS INSTRUMENT N0, 1190 IN SAID BOOK 6239 PAGE 42, OFFICIAL RECORDS. ALSO EXCEPT ALL THE COAL AND OTHER MINERALS IN SAID LAND; TOGETHER WITH THE RIGHT TO PROSPECT FOR MINE AND REMOVE THE SAME AS RESERVED IN THE PATENT FROM THE U.S. OF & RECORDED DECEMBER 27, 1926 AS INSTRUMENT NO, 695 IN BOOK 6156 PAGE 125, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ALSO EXCEPT 25 PERCENT OF ALL OIL AND MINERAL RIGHTS'RESERVE:D IN THE DEED FROM HARRY CAM AND OLIVE CAREY, HUSBAND AND WIFE, RECORDED APRIL 10,1945 AS INSTRUMENT NO. 10801N BOOK 21887 PAGE 152, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ALSO EXCEPT THEREFROM 50 PERCENT OF ANY AND ALL DEPOSITS OF OIL, GAS AND OTHER HYDROCARBON SUBSTANCES UNDERLYING SAID LAND OR PRODUCED THEREFROM AND,50 PERCENT OF ANY RENTALS ACCRUING OR RESULTING FROM EXPLORATION THEREFROM, PROVIDED, HOWEVER, THAT SUCH RESERVED RIGHTS SHALL NOT BE DEEMED TO GIVE THE GRANTOR, THE SUCCESSORS OR ASSIGNS ANY RIGHTTO ENTER UPON ANY OF SAID LAND FOR A DEVELOPMENT OF ANY SUCH OIL, GAS OR OTHER HYDROCARBON SUBSTANCES, AS RESERVED IN THE DEED FROM A. JOHN TRAINOR, RECORDED APRIL 2,1953 AS INSTRUMENT NO, 1005 IN BOOK 41373 PAGE 154, OFFICIAL RECORDS OF SAID COUNTY. ALSO EXCEPT THEREFROM 50 PERCENT OF 100 PERCENT OF ALL OIL, GAS, MINERAL ASPHALTUM AND OTHER HYDROCARBON SUBSTANCES UNDERLYING SAID PROPERTY OR THAT MAY BE PRODUCED THEREON OR THEREFROM BUT WITHOUT THE RIGHT OF ENTRY ABOVE THE DEPTH OF 500 FEET BELOW THE SURFACE OF SAID LAND, AS RESERVED BY 14INA F. OAKLEY, A MARRIED WOMAN WHO ACQUIRED TITLE AS MINA F. VAN WHY, A MARRIED WOMAN, AS HER SEPARATE PROPERTY, IN DEED DATED MAY 16,1960 RECORDED JUNE 1, 1960 IN BOOK D863 PAGE 484, OFFICIAL. RECORDS. PARCEL E: THAT PORTION OF SECTION 34, TOWNSHIP S NORTH, RANGE 16 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED APRIL 22, 1880 IN THE fh tAmerlun *%e Irarum Owpony 07573n8252339v13 Exhibit A-6 19- ftm No. 1102.06 ALTA Owwri Nty (6.17-06) ibhcq Page 10 Podry Number: 47171A1 DISTRICT LAND OFFICE, TOGETHER WITH THAT PORTION OF THE RANCHO SAN FRANCISCO RECORDED IN BOOK 1 PAGES 521 AND 522 OF PATENTS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHERLY TERMINUS OF THE COURSE DESCRIBED AS SOUTH 62' 21' 04" WEST 491.49 FEET IN PARCEL 2 AS DEMBED IN DEED RECORDED IN BOOK 36659, PAGE ill OF OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY OF SAID PARCEL 2, THE FOLLOWING COURSES: SOUTH 4811 28' 29' EAST 281.72 FEET, NORTH 80 2W 45" WEST 177.76 FEET, SOUTH 27" 03' 34",EAST'241.16 FEET, SOUTH 65e 46 01" WEST 550.00 FEET AND NORTH 800 2U' 31' WEST 170.00 FEET; THENCE LEAVING SAID BOUNDARY, NORTH 290 26' 24' EAST 790.6D FEETTO THE NORTHWESTERLY PROLONGATION OF THE COURSE DESCRIBED AS "SOUTH 48" 29 26' EAST 281.72 FEET" ABOVE; THENCE SOUTH-480 26' 26" EAST 180.00 FEET ALONG SAID PROLONGATION TO THE POINT OF BEGINNING. SAID PARCEL IS SHOWN AS PARCEL 6 ON CERTIFICATE OF COMPLIANCE REODROED DECEMBER 9,1999 AS INSTRUMENT NO. W2272936. ALSO EXCEPT THEREFROM 50 PERCENT OF ANY OIL, GAS AND OTHER HYDROCARBON SUBSTANCES UNDER OR UPON SAID LAND, TOGETHER WITH 50 PERCENT OF ALL PROCESSES RESULTING FROM THE EXPLORATION AND OEVFLOPMENTTHEREFROM, AS RESERVED BY MARY MITCHELL, A MARKO WOMAN, IN DEED RECORDED IUNE 14,1950 AS INSTRUMENT N0, 2500IN BOOK 3331I7 PAGE 213, OFFICIAL RECORDS. PARCEL F: THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER SECTION 34 AND THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 5 NORTH, RANGE 16 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST AND WEST CENTERLINE OF SAID SECTION 34, WITH TH E CENTERLINE OF THE OLD SAN FRANCISQUITO CANYON ROAD, 60 FEET WIDE, AS SHOWN ON COUNTY SURVEYOR MAP B-2111 ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID COUNTY; THENCE ALONG THE SAID CENTERLINE OF SAID SECTION 34; THENCE NORTH 89° 5T 25" EAST 901 FEET TO THE CENItR OF SAID SECTION 34, THENCE CONTINUING ALONG SAID FAST AND WEST CENTERLINE SOUTH 87a 40' 3I" EAST 571,10 FEET, THENCE SOUTH 210 50' 35" WEST,185,79 FEET; THENCE NORTH 87° 40' 31" WEST, (ALONG A LINE PARALLEL WITH SAID EAST AND WEST CENTERLINE AND DISTANT SOUTHERLY THEREFROM, 175.00 FEET) 502.38 FEET, TO THE NORTH AND SOUTH CENTERLINE OF SECTION 34, THENCE SOUTH 690 5Y 2Y' WEST (ALONG A LINE PARALLEL WITH SAID EAST AND WESTCENTERLINE AND DISTANT SOUTHERLY THEREFROM 175.00 FEET). 121.06 FEET TO THE CENTERLINE OF SAID OLD SAN fRANCISQUTT0 ROAD, (60.00 FEET WIDE), AS SHOWN ON COUNTY SURVEYOR 5 MAP B-2111, THENCE ALONG SAM LAST MENTIONED CENTERLINE, NORTH 690 51' 40" EAST 177.59 FEET, TO, THE PAINT OF BEGINNING, EXCEPT THEREFROM 50 PERCENT OF ANY OIL, GAS AND OTHER HYDROCARBON SUBSTANCES UNDER OR UPON SAID LAND TOGETHER WITH 50TERCENTOFTHE PROCEEDS DEWED FROM EXPLORATION AND DEVELOPMENT OF SAID SUBSTANCES AS RESERVED BY A, JOHN TRAINOR, ET UX., IN DEED RECORDED OCTOBER 6,1940 AS INSTRUMENT NO.4450IN BOOK 20434 PAGE 178, OFFICIAL RECORDS. PARCEL G: PARCEL 9 OF PARCEL MAP NO.26320, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 310, PAGES 1 THROUGH 51, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OFTHE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THAT PORTION OF SAID LAND INCLUDED WITHIN TRACT NO, 5154409 F9ntAmedgeTR16lwv ae Ca rpW 07373518252339Y13 Exhibit A-7 Form No.1402A6 ALTA 4wMr" Poky (6-1746) Pclky"11 Pblky NudW.171T141 /3 PER MAP FILED 1N BOOK 1278, PAGES 65 THROUGH 76, INCLUSIVE, OF MAPS, RECORDS OF SAID COUNTY. - ALSO EXCEPT ALL THE COAL AND OTHER MINERALS IN SAID LAND AS'RESERVED TO THE U.S. OF A. IN PATENT RECORDED IN BOOK 6239 PAGE 42, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THE RIGHT TO PROSPECT FOR, MINE AND REMOVE THE SAME PURSUANT TO PROVISIONS AND LIMITATIONS OF THE ACT OF DECEMBER 29, 1916 (39 STATUTE 862) RESERVED IN PATIENT RECORDED JUNE 8, 1926 AS INSTRUMENT NO, 1190 IN SAID BOOK 6239 PAGE 42, OFFICIAL RECORDS, ALSO EXCEPT ALL THE COAL AND OTHER MINERALS IN SAID LAND; TOGETHER WITH THE RIGHT TO PROSPECT FOR MINE AND REMOVE THE SAME AS RESERVED IN THE PATENT FROM THE U,S. OFA. RECORDED DECEMBER 27,1926 AS INSTRUMENT NO.695 IN BOOK 6156 PAGE 125, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ALSO EXCEPT 25 PERCENT OF ALL OIL AND MINERAL RIGHTS RESERVED IN THE DEED FROM HARRY CAREY AND OLIVE CAREY, HUSBAND AND WIFE, RECORDED APRIL 18, 194S AS INSTRUMENT NO. 1080 IN BOOK 21887 PAGE 152, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ALSO EXCEPT TH EREFROM SO PERCENT OF ANY AND ALL DEPOSITS (IF OIL, GAS AND OTHER HYDROCARBON SUBSTANCES UNDERLYING SAID LAND OR PRODUCED THEREFROM AND 50 PERCENT OF ANY RENTALS ACCRUING OR RESULTING FROM EXPLORATION THEREFROM, PROVIDED, HOWEVER, THAT SUCH RESERVED RIGHTS SHALL NOT BE DEEMED TO GIVE THE GRANTOR, THE SUCCESSORS OR ASSIGNS ANY RIGHT TO ENTER UPON ANY OF SAID LAND FOR A DEVELOPMENT OF ANY SUCH OIL, GAS 09 OTHER HYDROCARBON SUBSTANCES; AS RESERVED IN THE DEED FROM A. JOHN TRAINOR, RECORDED APRIL 2, 1953 AS INSTRUMENT 110. 1005 IN BOOK 41373 PAGE•154, OFFICIAL RECORDS OF SAID COUNTY. ALSO, EXCEPT THEREFROM 50 PERCENT OF 100 PERCENTOF ALL OIL, GAS, MINERAL ASPHALTUM AND OTHER HYDROCARBON SUBSTANCES UNDERLYING SAID PROPERTY OR THAT MAY BE PRODUCED THEREON OR THEREFROM BUT W1T1iOUTTHE RIGHT OF ENTRY ABOVE THE DEPTH OF 500 FEET BELOW THE SURFACE OF SAID LAND, A5 RESERVED BY MINA F. OAKLEV, A MARRIED WOMAN WHO ACQUIRED TITLE AS MINA A VAN WHY, A MARRIED WOMAN, AS HER SEPARATE PROPERTY, IN DEED DATED MAY W, 1960 RECORDED JUNE 1, 19601N BOOK 063 PAGE 484, OFFICIAL RECORDS. APN: APN: 3244-160-017 THROUGH 3244-160.02S (Lots 19, 43, 49, 50, 52 Through 54 of Parcel A), 3244-161-001 THROUGH 3244-161-023 (lots 20 through 22, 41, 42, 44 through 48, 51, 55 of Parcel A), 3244.162-001 THROUGH 3244.162-006 (Lots 23 through 25,38 through 40 of Parcel A); 3244-163.003 THROUGH 3244-163.007 (Lots 26 through 30 of Parcel A), 3x44-164-001 THROUGH 3244-164-009 (Lots 31 through 37 of Parcel A), 3244.022-024 (Parcel 11), 3244-159- 034 (Portion of Parcel C), 3244-159.046 (Portion of Parcel C), 3244-160-062, 3244-160-066 and 324+160-67 (Parcel D) 2610-001-035, 28*001.040 and 3244.030.027 (Parcel E), 3244-030- 003 (Parcel F)'and 3244-160.054 (Parcel G) Flo! Ame w" M 1=zN=c0mpmy 07973518252339Y13 Exhibit A-8 Long -Term Management Plan Tesoro del Valle Residential Development City Open Space Areas Los Angeles County, California Prepared for City of Santa Clarita 23920 Valencia Boulevard, Suite 300 Santa Clarita, California 91355 Contact: Janine Prado T: (661) 255-4978 Prepared by Psomas 225 South Lake Avenue, Suite 1000 Pasadena, California 91101 Contact: David Hughes Certified Ecological Restoration Practitioner #243 T: (626) 351-2000 August 19, 2021 Tesoro del Valle Open Space Areas TABLE OF CONTENTS Section Page 1.0 Introduction.....................................................................................................................1 1.1 Location.................................................................................................................1 1.2 Responsible Parties..............................................................................................1 1.2.1 BLC Tesoro ................................................................................................ 2 1.2.2 City of Santa Clarita................................................................................... 2 1.2.3 California Department of Fish and Wildlife ................................................ 2 1.2.4 Los Angeles Department of Regional Planning ......................................... 3 2.0 Site Description...............................................................................................................4 2.1 Surrounding Land Uses.........................................................................................4 2.2 Vegetation Communities and Flora.......................................................................4 2.2.1 Chamise Chaparral....................................................................................4 2.2.2 Chamise Chaparral —Annual Grassland..................................................... 4 2.2.3 Sage Scrub................................................................................................4 2.2.4 Sage Scrub —Annual Grassland................................................................. 5 2.2.5 Chamise Chaparral —Sage Scrub...............................................................5 2.2.6 Coast Live Oak Woodland......................................................................... 5 2.2.7 Elderberry Scrub........................................................................................ 5 2.2.8 Coast Live Oak Woodland —Blue Elderberry Scrub .................................... 5 2.2.9 Holly -Leaf Cherry Woodland...................................................................... 5 2.2.10 Coast Live Oak Woodland —Holly -Leaf Cherry Woodland .......................... 5 2.2.11 Mixed Chaparral —Alluvial Scrub —Annual Grassland .................................. 6 2.2.12 Annual Grassland...................................................................................... 6 2.2.13 Disturbed................................................................................................... 6 2.3 Wildlife...................................................................................................................6 2.4 Sensitive Biological Resources.............................................................................7 2.5 Jurisdictional Waters.............................................................................................7 2.6 Non -Native Vegetation..........................................................................................7 2.7 Human Uses..........................................................................................................7 3.0 Goals and Objectives......................................................................................................9 4.0 Short -Term Site Management Activities.....................................................................11 4.1 Oak Tree Mitigation.............................................................................................11 4.2 Mariposa Lily Mitigation.......................................................................................11 4.3 Western Spadefoot Mitigation.............................................................................12 5.0 Long -Term Site Management Activities......................................................................13 5.1 Stressors.............................................................................................................13 5.2 Adaptive Management........................................................................................13 5.3 Site Monitoring....................................................................................................13 R.\Pmj..OBLC\3BLC000101 ITMP\City Open Space\Long-Tenn Mgt PI..L,Iy_Op.._Sp... -081921 d.. i Table of Contents Tesoro del Valle Open Space Areas 5.3.1 Qualitative Monitoring.............................................................................. 13 5.3.2 California Rapid Assessment Method ...................................................... 14 5.4 Monitoring Reports..............................................................................................16 5.4.1 Baseline Conditions Report..................................................................... 16 5.4.2 Annual Reports........................................................................................ 16 5.5 Ongoing Maintenance Activities..........................................................................16 5.5.1 Invasive Plant Control.............................................................................. 16 5.5.2 Native Plant Establishment...................................................................... 17 5.5.3 Trail Maintenance.................................................................................... 18 5.5.4 Stream Maintenance................................................................................ 18 5.5.5 Repair of Signage or Fencing.................................................................. 19 5.5.6 Trash Management..................................................................................19 5.5. 7 Public Outreach....................................................................................... 20 5.6 Constraints..........................................................................................................20 5.6.1 Jurisdictional Waters................................................................................20 5.6.2 Nesting Birds........................................................................................... 20 5.6.3 Pesticides and Chemicals........................................................................20 TABLES Table Page 1 Responsible Parties..........................................................................................................2 2 Upland Native Seed Mix..................................................................................................17 3 Riparian Native Seed Mix................................................................................................18 EXHIBITS Exhibit Follows Page 1 Open Space Areas............................................................................................................1 2 Existing Vegetation...........................................................................................................4 3 Existing Trails....................................................................................................................7 4 Short -Term Habitat Restoration/Enhancement Areas.....................................................11 R.\Pmj..OBLC\3BLC000101 ITMP\City Open Space\Long-Tenn Mgt PI..L,Iy_Op en_Sp... -081921 d.. ii Table of Contents Tesoro del Valle Open Space Areas 1.0 INTRODUCTION This Long -Term Management Plan (LTMP) is intended to provide guidelines and requirements to ensure the preservation of Open Space Areas associated with the development of Phases B and C of the Tesoro del Valle Residential Development Project. Specifically, this plan addresses management of the following areas: (1) Parcels 1 and 2 of Parcel Map No. 82721 that surround the project development footprint (approximately 745 acres); and (2) future dedication parcels' that lie between the development footprint and Parcels 1 and 2 (approximately 39 acres). These areas are herein collectively referred to as the "City Open Space Areas". The City Open Space Areas are intended to serve as native habitat preservation areas while accommodating compatible public use. Specifically, this LTMP is intended to: • Provide a summary of flora and fauna that occur on or use the City Open Space Areas to establish the baseline condition; • Identify goals and objectives for the management of the City Open Space Areas; • Describe management and monitoring strategies to preserve and enhance native habitats; • Describe strategies for appropriate human use of the areas that are compatible with the conservation goals. 1.1 LOCATION The Tesoro del Valle Project is located north of Copper Hill Road and generally west of San Francisquito Canyon in Los Angeles County, California. It is located on the U.S. Geological Survey's 7.5-minute Newhall quadrangle map, within Township 5 North, Range 16 West and includes portions of Sections 21, 22, 27, 28, 32, and 33. The City Open Space Areas described herein are located adjacent to the west, north, and east of the development footprint of the Tesoro del Valle Phases B and C Residential Development Project (Exhibit 1). 1.2 RESPONSIBLE PARTIES The entities that are responsible for implementation of this LTMP are BLC Tesoro LLC (BLC Tesoro), the City of Santa Clarita (City), the California Department of Fish and Wildlife (CDFW), and the Los Angeles County Department of Regional Planning (LACDRP). BLC Tesoro is the property owner and is responsible for implementing various short-term habitat improvements to offset impacts related to the development of the project and transferring the City Open Space Areas to the Long -Term Management Entity (LTME). The City will accept ownership of the City Open Space Areas and will serve as the LTME to manage the site and preserve the ecological values of the areas. The LACDRP is responsible for reviewing and approving this LTMP prior to transfer of the property to the LTME. Contact information for these entities is summarized in Table 1 and a description of their roles and responsibilities is provided below. ' These future parcels are referred to in the Open Space Management and Maintenance Agreement as "Open Space for Future Transfer to the City" R.\P.j..ts`BPC�3BLC000101ITMP\C,ty Op.. Sp ... T,ng-Term Mgt P1a City_Open_Space-081921 do 1 Long -Term Management Plan kC rl rPat♦I aw'j ^' p�Pr. 9\K�•� P �ao'.W � i H o 4 fit' 7 no T," 3 .. via ¢i , Joshua Dr M o Va ew-Rd o P. - RaintreeM i s - Bo, oo ®moo .. Low Ridge. P/ < S --e`t"Riage P� s`ahe o` e�xwoon 4r a e Tesoro del Valle Open Space Areas TABLE 1 RESPONSIBLE PARTIES Responsible Parties Task/Role Entity/Company Contact Address Phone Number Conservation 100 Bayview Circle, Easement Grantor BLC Tesoro LLC Michael Schlesinger Suite 240 (949) 945-2290 Newport Beach, CA 92660 Long -Term 23920 Valencia Boulevard Management Entity City of Santa Clarita Janine Prado Suite 300 (661) 255-4978 Santa Clarita, CA 91355 Los Angeles County 320 West Temple Street Reviewing Agency Department of Marie Pavlovic 13t" Floor (213) 974-6433 Regional Planning Los Angeles, CA 90012 California Department 4665 Lampson Avenue Reviewing Agency of Fish and Wildlife Victoria Tang Suite C (562) 430-5082 Los Alamitos, CA 90720 1.2.1 BLC Tesoro BLC Tesoro is the owner of the undeveloped areas of the Tesoro del Valle property and is responsible for transferring the City Open Space Areas to the City. BLC Tesoro is responsible for preparation of the Open Space Management and Maintenance Agreement (OSMMA) that describes the terms of the transfer of the City Open Space Areas to the City. BLC Tesoro is also responsible for construction of the Tesoro del Valle Phase B and C Project which includes installation of fencing, trash receptacles, signage, trail connections, and any other open space infrastructure that is required as part of Project development. BLC Tesoro is responsible for identifying a funding mechanism to support the management activities described herein. BLC Tesoro shall retain the right to perform habitat restoration work in the City Open Space Areas until the mitigation programs that are required as part of the Tesoro del Valle project development have been completed. 1.2.2 City of Santa Clarita The City Open Space Areas will be transferred in fee by BLC Tesoro to the City, according to the terms of the OSMMA. Upon transfer, the City is responsible for the following: (1) performing ongoing management and maintenance activities; (2) performing regular monitoring visits; and (3) preparing reports that summarize management activities that have been performed. The City shall retain a qualified biologist to assist on an as -needed basis to perform plant or wildlife surveys to avoid/minimize impacts on biological resources. The qualified biologist shall have at least three years of experience of working with flora and fauna that are native to Southern California. 1.2.3 California Department of Fish and Wildlife Monitoring reports from the LTME will be provided to the CDFW so that they are informed on the status of the City Open Space Areas and are allowed the opportunity to comment on the management activities that have been applied and future proposed management activities. R]P.j..O `BPC�3BLC000101 ITMP\Gty Open Spa T..g-Term Mgt PI..L,Iy_Op.._Space-0a,92, d.. 2 Long -Term Management Plan Tesoro del Valle Open Space Areas 1.2.4 Los Angeles Department of Regional Planning Preparation of this LTMP is a requirement of several mitigation plans (e.g., special status vegetation mitigation plan, oak tree mitigation plan, mariposa lily mitigation plan, western spadefoot mitigation plan) that are required for compliance with various mitigation measures of the Supplemental Environmental Impact Report. Therefore, the LACDRP is responsible for approval of this LTMP to ensure that the resources described in the mitigation plans will be permanently protected. R.\P.j..ts`BPC�3BLC000101ITMP\C,ty Op.n Sp ... T,n9-Term Mgt Plan ,ty_Open_Sp... -08192, d— 3 Long -Term Management Plan Tesoro del Valle Open Space Areas 2.0 SITE DESCRIPTION The City Open Space Areas described herein consist of rugged terrain with several canyons and steep slopes. The City Open Space Areas contain a variety of native vegetation types along with several existing trails. This section summarizes information regarding the regional setting of the City Open Space Areas and existing biological resources to establish their baseline condition which is the starting point for ongoing management of the areas. 2.1 SURROUNDING LAND USES The City Open Space Areas are surrounded to the west, north, and east by other undeveloped natural habitat areas. Additional open space that is owned by the City in San Francisquito Canyon abuts the eastern boundary of the City Open Space Areas described herein, maintaining a direct habitat corridor from the San Francisquito Creek corridor to the City Open Space Areas. Existing development in the vicinity of the City Open Space Areas to the east is rural in nature, consisting of scattered houses and horse ranches. 2.2 VEGETATION COMMUNITIES AND FLORA The City Open Space Areas contain several native vegetation communities that are characteristic of the Santa Clarita Valley. These include elderberry scrub, chamise chaparral, chamise chaparral —annual grassland, sage scrub, sage scrub —annual grassland, chamise chaparral —sage scrub, coast live oak woodland, coast live oak —blue elderberry scrub, holly -leaf cherry woodland, coast live oak —holly -leaf cherry woodland, and mixed chaparral —alluvial scrub —annual grassland (Exhibit 2). Other areas include annual grassland and disturbed areas. The dominant species that comprise each of these vegetation types are described below. 2.2.1 Chamise Chaparral The majority of the chaparral in the City Open Space Areas contains a mix of plant species but is dominated by chamise (Adenostoma fasciculatum). Other dominant native perennial species in the chamise chaparral vegetation type include deerweed (Acmispon glaber), California sagebrush (Artemisia californica), purple sage (Salvia leucophylla), California buckwheat, and our Lord's candle. 2.2.2 Chamise Chaparral —Annual Grassland The chamise chaparral —annual grassland vegetation type consists of the chamise chaparral species listed above, interspersed with patches of annual grasses and forbs. Most of the annual grassland species present in this vegetation type are non-native species, including slender wild oats (Avena fatua), soft chess (Bromus hordeaceus), red brome (Bromus madritensis ssp. rubens), cheat grass (Bromus tectorum), tocalote (Centaurea melitensis), and short -pod mustard (Hirschfeldia incana). 2.2.3 Sage Scrub Sage scrub on the site is dominated by a mix of sage scrub species. The dominant species present in these areas include California sagebrush, black sage (Salvia mellifera), California buckwheat, and purple sage. R]P.j..O `BPC�3BLC000101 ITMP\Gty Open Spa T..g-Term Mgt PI..L,Iy_Op.._Space-0a,92, d.. 4 Long -Term Management Plan Rd- �aYyde CacYon IM' v a ..iv�•4 +. .i; /� iI ,/' •-c',j� 4� Rry r—R -a, ma/ Wa R I e. p y GP h Mg as 'y 1F S`�YppvyRry'° �t J „�i V1 V Y G 4e Oa`l-, ql 3 tff + 3�a Vtsia dell'* tang w« Mta; o - RaintreeM Bo - i Od a Vn L w Ridge P/ a<� y < S --e�"Riage P� s`ahe o` a°xwoon� a ck�n Tesoro del Valle Open Space Areas 2.2.4 Saae Scrub —Annual Grassland The sage scrub —annual grassland vegetation type contains an open mix of the sage scrub species (described for the sage scrub vegetation type) interspersed with patches of annual grasses and forbs. Most of the annual grassland species present in this vegetation type are non-native species, including slender wild oats, soft chess, red brome, cheat grass, tocalote, and short -pod mustard. 2.2.5 Chamise Chaparral —Sage Scrub Chamise chaparral —sage scrub vegetation type contains a relatively even mix of species present in both the sage scrub and chamise chaparral vegetation types; generally, it is a transition vegetation type that is positioned between areas where there are chamise chaparral and sage scrub vegetation. The dominant species present in this vegetation type include California sagebrush, chamise, black sage, and purple sage. 2.2.6 Coast Live Oak Woodland Coast live oak woodland occurs in two areas in the central portion of the City Open Space Areas. These areas include Tapia Canyon which drains to the west and an unnamed canyon which drains to the east. This vegetation type is dominated by coast live oak trees (Quercus agrifolia) and has an understory of non-native grassland species, including brome grasses (Bromus sp.) and wild oats (Avena sp.). 2.2.7 Elderberry Scrub Elderberry scrub is dominated by blue elderberry (Sambucus nigra ssp. caerulea). This vegetation type occurs in several small drainages and canyon bottoms. Other species occurring in this vegetation type include sacapellote (Acourtia microcephala), fragrant sumac (Rhus aromatics), and sparse chamise. 2.2.8 Coast Live Oak Woodland —Blue Elderberry Scrub A small area of coast live oak —blue elderberry scrub occurs in a shallow canyon in the northwestern portion of the City Open Space Area. This vegetation type is co -dominated by coast live oak and blue elderberry. Other species occurring in this vegetation type include chamise and blue elderberry. 2.2.9 Holly -Leaf Cherry Woodland Holly -leaf cherry woodland is defined by the dominance of holly -leaf cherry (Prunus ilicifolia). This vegetation type occurs in Wayside Canyon, a sandy bottom drainage feature in the southwestern portion of the City Open Space Areas. Other species commonly found in the holly -leaf cherry woodland include sacapellote, fragrant sumac, and blue elderberry. 2.2.10 Coast Live Oak Woodland —Holly -Leaf Cherry Woodland Coast live oak woodland —holly -leaf cherry woodland occurs in a small area along the southern boundary of the development area. This vegetation type is defined by a relatively even mix of coast live oak and holly -leaf cherry. Other common species in this vegetation type include chamise, fragrant sumac, and blue elderberry. R.\P.j..ts`BPC�3BLC000101ITMP\C,ty Op.n Sp ... T,n9-Term Mgt Plan ,ty_Open_Sp... -08192, do 5 Long -Term Management Plan Tesoro del Valle Open Space Areas 2.2.11 Mixed Chaoarral—Alluvial Scrub —Annual Grassland This vegetation type is located in a flat canyon bottom with alluvial soils east of the development area. Species that occur in this area are associated with chaparral communities such as holly - leaf redberry (Rhamnus ilicifolia), holly -leaf cherry, fragrant sumac, thick -leaf yerba santa, Parish's sagebrush, and California buckwheat. Scale broom, a dominant component of alluvial scrub, is also commonly found in this area. Non-native annual grasses such as slender wild oats and ripgut brome (Bromus diandrus) are also common species. 2.2.12 Annual Grassland Annual grassland areas are typically associated with dirt roads and/or firebreaks where previous disturbance has allowed non-native grass species to establish and spread into adjacent areas. The dominant species of this vegetation type include soft chess, ripgut brome, and slender wild oats along with herbaceous non-native species such as tocalote. 2.2.13 Disturbed Disturbed areas consist of dirt roads or other maintained areas that either lack vegetation or support a sparse cover of ruderal species. 2.3 WILDLIFE The City Open Space Areas provide habitat to a number of common wildlife species. Bird species that have been observed include California quail (Callipepla californica), Anna's hummingbird (Calypte anna), lesser goldfinch (Carduelis psaltria), wrentit (Chamaea fasciata), Bullock's oriole (Icterus bullockii), acorn woodpecker (Melanerpes formicivorus), song sparrow (Melospiza melodic), phainopepla (Phainopepla nitens), Nuttall's woodpecker (Picoides nuttallii), spotted towhee (Pipilo maculatus), California towhee (Pipilo crissalis), bushtit (Psa/triparus minimus), black phoebe (Sayornis nigricans), Say's phoebe (Sayornis saya), Bewick's wren (Thryomanes bewickii), California thrasher (Toxostoma redivivum), and mourning dove (Zenaida macroura). Other bird species are expected to utilize the City Open Space Areas on a seasonal basis, including white -crowned sparrow (Zonotrichia leucophrys), western kingbird (Tyrannus verticalis), savannah sparrow (Passerculus sandwichensis), and lark sparrow (Chondestes grammacus). Reptile species observed in the City Open Space Areas include western fence lizard (Sceloporus occidentalis), side -blotched lizard (Uta stansburiana), coast horned lizard (Phrynosoma blainvillii), Skilton's skink (Eumeces skiltonianus skiltonianus), coastal whiptail (Aspidoscelis tigris stejnegeri), San Diego alligator lizard (Elgaria multicarinata webbii), Southern California legless lizard (Anniella stebbinsi), red racer (Coluber flagellum piceus), San Diego gopher snake (Pituophis catenifer annectens), California kingsnake (Lampropeltis californiae), and southern Pacific rattlesnake (Crotalus oreganus helleri). Small, ground -dwelling mammals observed or expected to occur in the City Open Space Areas include deer mouse (Peromyscus maniculatus), California pocket mouse (Perognathus californicus), California mouse (Peromyscus californicus), woodrat (Neotoma sp.), pocket gopher (Thomomys bottae), California ground squirrel (Spermophilus beecheyi), and desert cottontail (Sylvilagus audubonii). No Threatened or Endangered wildlife species have been documented in the City Open Space Areas. R]P.j..O `BPC�3BLC000101 ITMP\Gty Open Spa T..g-Term Mgt PI..L,Iy_Op.._Space-0a,92, d.. 6 Long -Term Management Plan Tesoro del Valle Open Space Areas 2.4 SENSITIVE BIOLOGICAL RESOURCES Special status plant species that occur in the City Open Space Areas include slender mariposa lily (Calochortus clavatus var. gracilis) and club -haired mariposa lily (Calochortus clavatus var. clavatus). These plants are perennial herbs that grow from a bulb. These similar -appearing species have conspicuous yellows blooms that are apparent for a brief period in the late spring. These species occur in sage scrub and chaparral habitats generally along ridgelines and other areas of low to moderate shrub cover. No active management activities are necessary for the preservation of this species in the City Open Space Areas. Human use shall be restricted to existing trails to avoid impacts to these species. Western spadefoot is a native amphibian that is somewhat common to the San Francisquito Canyon area and is listed by the State of California as a Species of Special Concern. This species is largely relegated to the upper benches along San Francisquito Creek, but may burrow into the soil for hibernation in the upland scrub habitat that extends into the eastern portion of the City Open Space Areas. BLC Tesoro has created artificial ponds to support the breeding of this species along the eastern boundary of the City Open Space Areas. This area is away from the Tesoro del Valle trail network and no active management of these breeding ponds is expected. 2.5 JURISDICTIONAL WATERS The City Open Space Areas contain several ephemeral drainage features, the most prominent of which include (1) Wayside Canyon, a sandy bottom canyon in the southwestern corner of the property that supports a holly -leaf cherry woodland; (2) Tapia Canyon on the western portion of the property which supports a coast live oak woodland; (3) an unnamed wide, alluvial canyon on the eastern portion of the property that supports a combination of mixed chaparral, alluvial scrub, and annual grassland; and (4) an unnamed canyon to the north of the previous unnamed canyon which supports a coast live oak woodland. The locations of Wayside Canyon and Tapia Canyon are indicated on Exhibit 2. Other streambeds in the City Open Space Areas consist of small narrow ephemeral drainages that are dominated by upland vegetation. 2.6 NON-NATIVE VEGETATION Several non-native grass and herbaceous species have been observed in the City Open Space Areas. Non-native grasses include ripgut brome, red brome, and slender wild oats. Non-native herbaceous species include summer mustard and tocalote. Non-native woody species are uncommon in the City Open Space Areas, but the surrounding landscape contains woody non - natives such as tree tobacco (Nicotiana glauca) and gum trees (Eucalyptus spp.) that would require removal if observed. 2.7 HUMAN USES Currently, the City Open Space Areas contain several trails that range from graded dirt roads to narrow "single track trails" which measure 3-6 feet wide and were created informally as a result of ongoing use by mountain bikers and horseback riders. Exhibit 3 illustrates the location of these trails in the City Open Space Areas. Currently, the most common users of these trails are mountain bikers that connect to trails in the Angeles National Forest to the north and undeveloped areas to the west (Tapia Canyon). Horseback riders are less common in the City Open Space Areas but existing single track trails connect to horse trails in San Francisquito Canyon. After development of the Tesoro del Valle Phases B and C Project, mountain bikers will likely continue to use the trail easements and single track trails that connect to areas to the north and R.\P.j..ts`BPC�3BLC000101ITMP\C,ty Op.. Sp ... T,ng-Term Mgt P1a City_Open_Space-081921 do 7 Long -Term Management Plan - 10 40 ,,ion Rd 4 Tapia Canyon Rd QF' L­ Ridge pI 01 totam Fx. 0 01 Joshua Dr Tesoro del Valle Open Space Areas west. Horseback riders will be able to access the trails via the Cliffie Stone Trail which will extended northward as part of Project development. Walkers and hikers will likely become more common on the trails as residents of the Tesoro del Valle community and members of the general public utilize the trail system. R]P.j..O `BPC�3BLC000101 ITMP\Gty Open Spa T..g-Term Mgt PI..L,Iy_Op.._Space-08192, d.. 8 Long -Term Management Plan Tesoro del Valle Open Space Areas 3.0 GOALS AND OBJECTIVES This section lists the goals and objectives that will set the priorities for this LTMP and guide the site management and maintenance activities. Each goal is listed below with objectives that will direct activities to achieve the stated goals. Specific actions associated with these objectives are described in the following sections. Management Goal No. 1: Habitat Management and Enhancement Conserve, manage, and enhance habitat areas to promote native species diversity, wildlife habitat, and overall ecological functions. Objective 1: Implement ongoing monitoring program. a) Perform general, qualitative habitat condition surveys on a semi-annual (twice a year) basis to identify areas that have been damaged or to detect immediate threats to the habitat areas. b) Perform annual quantitative assessments of conditions in Wayside Canyon to identify any deterioration in habitat conditions that have resulted from project development. c) Establish permanent photo -documentation stations to provide visual documentation of changes in vegetation conditions and efficacy of site management activities. d) Prepare reports on an annual basis that summarize management activities performed over the previous year and document the current condition of the on -site habitat. These annual reports will be submitted to the CDFW for their review to ensure that the ecological values of the site are being preserved. Reports shall include photographs taken from established photo stations to document any changes over time. Objective 2: Assess threats to biological resources and set priorities. a) During general habitat condition surveys, map areas that are damaged or experiencing degradation due to human -caused activities or natural causes such as weather or fire events. Issues of concern include adverse edge effects along trails or roads. Signs of degradation include new introduction or expansion of non-native species, unnatural soil disturbance, dieback of native vegetation, erosion, vandalism, and the presence of trash. b) Prioritize site maintenance activities based on relative sensitivity of the biological resource, degree of damage, and potential for expansion of the threat. c) Identify remediation measures (i.e., strategies to prevent future or ongoing damage). Objective 3: Manage vegetation types to maintain and enhance existing species and structural diversity. a) Implement erosion and sediment control best management practices (BMPs) as necessary to protect habitat (e.g., prevent gully formation). b) Remove individuals of invasive, non-native plant species to reduce the threat of future expansion and enhance habitat for native species. Appropriate methods of non-native plant species control are described in the Site Management section of this LTMP. R]P.j..O `BPC�3BLC000101 ITMP\Gty Open Spa T..g-Term Mgt PI..L,Iy_Op.._Space-0a,92, d.. 9 Long -Term Management Plan Tesoro del Valle Open Space Areas Management Goal No. 2: Facilitate Appropriate Human Use of the Open Space Areas Facilitate public use of the City Open Space Areas that is compatible with the preservation of wildlife habitat; identify and discourage activities that directly or indirectly impact ecological functions. Objective 1: Implement ongoing monitoring program. a) Perform qualitative surveys of trail conditions, signage, fencing, and other areas on a semi-annual (twice a year) basis to identify areas that have been damaged or to detect threats these features. Objective 2: Assess threats and set priorities. a) During general habitat condition surveys, identify areas that are damaged by human activities. Signs of degradation include damage to trails, creation of unauthorized trails, damage to vegetation, soil erosion, vandalism, and presence of trash. b) Prioritize site maintenance activities based on degree of damage, importance for preventing habitat damage, and potential for expansion of the threat. c) Identify remediation measures (i.e., strategies to prevent future or ongoing damage). Objective 3: Perform site management to encourage appropriate human use. a) Trails shall be maintained in good condition, free of significant erosion or impediments to passage. Maintaining existing trails in good condition discourages the public from creating unauthorized trails which damages native vegetation and encourages the establishment of invasive plant species. b) Clearly mark closed trails and provide barriers to preclude access by the public. c) Remediate damage from unauthorized activities. d) Collect trash from receptacles on an approximate weekly basis. The schedule for trash collection shall be adjusted based on the observed rate of trash accumulation. Trash that is observed along trails shall be removed on an ongoing basis. e) Describe the rules and appropriate uses of the City Open Space Areas on the City's website and the Tesoro del Valle Master Homeowners Association website to communicate rules with the public. R.\P.j..ts`BPC�3BLC000101ITMP\C,ty Op.n Sp ... T,n9-Term Mgt Plan ,ty_Open_Sp... -08192, d— 10 Long -Term Management Plan Tesoro del Valle Open Space Areas 4.0 SHORT-TERM SITE MANAGEMENT ACTIVITIES As part of the Tesoro del Valle Residential Development Project, BLC Tesoro will perform various short-term (approximately 5 year) site maintenance and enhancement activities to compensate for impacts to sensitive biological resources that will result from Project construction activities. The locations of these short-term activities are illustrated on Exhibit 4. Additional details on these mitigation programs are provided below. The resources that are being enhanced and established as part of the following mitigation activities will be managed as part of the overall ecosystem in the City Open Space Areas when the City accepts responsibility for long-term management activities. However, due to the sensitivity of these resources, site monitors and field crews should be aware of their presence to avoid inadvertently impacting them during regular maintenance work and to identify any issues that may affect their well-being during monitoring assessments. Maintenance and monitoring guidelines described in Section 5.0 are intended to avoid impacts during maintenance and detect issues affecting the health of these resources during monitoring activities. 4.1 OAK TREE MITIGATION Mitigation Measure Bio-2 from the Project Environmental Impact Report requires that coast live oak trees (Quercus agrifolia) that are removed during Project construction are to be replaced at a 2:1 ratio to comply with requirements of the Los Angeles County Oak Tree Ordinance. A total of 11 trees occur within the Project grading limits; these impacted trees will therefore be offset with the establishment of 22 coast live oaks. Replacement planting will occur north of the development footprint in the upper portion of the Tapia Canyon area, along an ephermal stream. Site installation and maintenance activities consist of planting acorns, application of a native seed mix, installation of temporary irrigation system, and regular weed removal. Biological monitoring will be performed on a bi-monthly basis for two years of the mitigation program and on a quarterly basis for the remainder of the program. When the project performance standards have been achieved, the program requires the County of Los Angeles to sign off on the project. Upon County approval, no further maintenance or monitoring activities will be required; the oak trees will be considered a natural part of the open space habitat. 4.2 MARIPOSA LILY MITIGATION Mitigation Measure Bio-3 requires the enhancement of existing habitat containing slender mariposa lilies (Calochortus clavatus ssp. gracilis) and club -haired mariposa lilies (Calochortus clavatus ssp. clavatus) to the north of Project development area. Habitat enhancement consists of the removal of non-native vegetation in anticipation that these activities will improve the germination of mariposa lily seed and long-term survival of mariposa lily plants. Additionally, mariposa lily seed will be collected and installed in suitable habitat areas (i.e., habitat creation areas) to document the efficacy of various seed application methods. A total of 20 quadrats, each measuring one square meter, will be established as mariposa lily planting areas. Monitoring activities will occur on an approximate monthly basis when mariposa lily bulbs are active (generally January through June). This mitigation program is subject to approval by the County of Los Angeles. When the project performance standards have been achieved, no further maintenance and monitoring activities will be required in the habitat enhancement and creation areas. R]P.j..O `BPC�3BLC000101 ITMP\Gty Open Spa T..g-Term Mgt PI..L,Iy_Op.._Space-0a,92, d.. 11 Long -Term Management Plan Short -Term Habitat Restoration/Enhancement Areas Long-TermManagement Plan for Tesoro del Valle Open Space Areas 1,350 675 0 1,350 Feet Exhibit 4 Tesoro del Valle Open Space Areas 4.3 WESTERN SPADEFOOT MITIGATION Mitigation activities to compensate for the loss of seasonal ponds that support breeding of western spadefoot toads (Spec hammondii) are required by Mitigation Measure Bio-4 and Condition 2.9 of the Streambed Alteration Agreement issued by the CDFW. Replacement breeding ponds have been created to the east of the Project development area. Western spadefoot eggs and tadpoles were salvaged from the ponds that were located within the Project development area and transferred to the replacement ponds in the spring of 2019 and 2020. Site monitoring will take place when western spadefoot are active (i.e., not dormant), approximately January through June. Monitoring is intended to determine if the replacement ponds are successfully retaining ponded water and if spadefoot are using them to successfully breed. Spadefoot breeding success is determined by performing surveys to detect the presence of adult spadefoot toads that have ended their dormancy and encountered the breeding ponds; to identify the presence of western spadefoot egg masses in the ponds; and to determine if these egg masses develop into juvenile toads that are able to mature and leave the pond area. Project success is dependent on the successful functioning of the replacement ponds and the successful utilization of the ponds by western spadefoot for breeding purposes. This mitigation program is subject to approval and sign -off by the County of Los Angeles and the CDFW. Upon receiving program sign -off from these agencies, no specific maintenance activities are required as part of this long-term maintenance program. Semi-annual monitoring of the replacement ponds will be required and as -needed maintenance (weed removal and pond repair) will be performed by the LTME. R]P.j..O `BPC�3BLC000101 ITMP\Gty Open Spa T..g-Term Mgt PI..L,Iy_Op.._Space-0a,92, d.. 12 Long -Term Management Plan Tesoro del Valle Open Space Areas 5.0 LONG-TERM SITE MANAGEMENT ACTIVITIES The site management activities described in this section involve actions that will be performed in perpetuity to preserve and enhance the biological resources in the City Open Space Areas. This section describes specific maintenance activities and monitoring requirements that are designed to address the goals and objectives outlined in the previous section. Actual activities to be performed each year are dependent on the condition of the City Open Space Areas and assessment of threats to the ecological functions of the areas. 5.1 STRESSORS There are several stressors and potential threats to the ongoing health of the habitat in the City Open Space Areas. Some stressors are the direct result of the development of the Project site such as the potential for increased recreational activity and changes to the hydrological regime of the various streambed features that are downstream of the Project development area. Other stressors such as the potential for fire are inherent to the site, but are likely increased due to increased human presence that will result from construction of the Tesoro del Valle community. 5.2 ADAPTIVE MANAGEMENT Adaptive management is a dynamic strategy in which management efforts are evaluated through an ongoing monitoring process. The purpose of an adaptive management program is to provide data on the status of resources; identify trends; provide recommendations and a process for implementing remedial management actions; and provide a method of evaluating the effectiveness of previous management actions in order to inform future management decisions.The adaptive management program for the City Open Space Areas is intended to focus on the stressors described above that have the potential to affect the quality of the habitat and should continually seek to identify other stressors that may arise. Regular monitoring visits will assess if and how the quality of the habitat is being affected by these stressors and will inform and prioritize site maintenance activities. Monitoring visits are also intended to assess the efficacy of past maintenance activities to update management goals and implementation strategies. Potential management strategies may include increased frequency of non-native plant control, fencing or signage to restrict human incursion to habitat areas, and application of native seed. If deterioriating streambed conditions are observed, potential management activities may include non-native plant removal, installation of erosion control measures, placement of sediment to offset streambed scour, placement of cobble/boulders to provide micro -habitat diversity, or restrictions on human visitations. Potential management activities are described in this section though specific actions will be determined based on the specific habitat conditions and the management issue to be resolved. 5.3 SITE MONITORING 5.3.1 Qualitative Monitoring Regular monitoring of the City Open Space Areas provides the basis for the adaptive management process described above. Site monitoring will be performed on a semi-annual basis (twice yearly) to identify any areas of degradation to the biological resources or damaged site infrastructure including, but not limited to, new populations of non-native species, soil disturbance, dieback of native vegetation, erosion, trail damage, sign damage, vandalism, broken fences, and the presence of trash. Monitoring visits shall be performed in the early spring (late February to mid March) to identify weed outbreaks before these species mature and set seed and in mid to R]P.j..O `BPC�3BLC000101 ITMP\Gty Open Spa T..g-Term Mgt PI..L,Iy_Op.._Space-0a,92, d.. 13 Long -Term Management Plan Tesoro del Valle Open Space Areas late summer (August -September) to determine maintenance activities that are needed once the bird nesting season has ended. Photographs shall be taken of any degraded biological resources or damaged infrastructure to assist later maintenance activities. Photographs from permanent photo -documentation stations will be taken on an annual basis to allow a visual comparison of any changes in site conditions. Permanent photo -documentation stations will be established in the baseline conditions report (see Section 5.4.1 below). Additional photo stations may be established to observe changes in other specific locations as needed to monitor changes in condition. Monitoring forms will be completed during each monitoring visit and saved as a record of observations to help evaluate past management activities and set priorities for future management. As indicated in Section 1.2, the City shall be responsible for retaining a qualified biologist to assist the City in maintenance activities that have the potential to impact native biological resources. The biologist shall have at least three years of experience in working with native Southern California flora and fauna and performing nesting bird surveys. The biologist shall be consulted to perform nesting bird surveys prior to maintenance activities that may affect potential nesting habitat during the nesting season described above and/or shall assist in the identification of non- native plant and wildlife species and providing recommendations for control. 5.3.2 California Rapid Assessment Method The California Rapid Assessment Method (CRAM) is a wetland monitoring tool that is designed to quickly evaluate the overall condition of a wetland and identify stressors that affect its condition. CRAM scores result from the evaluation of four equally -weighted attributes: (1) buffer and landscape context; (2) hydrology; (3) physical structure; and (4) biotic structure. Various metrics comprise each of the attribute scores described above which, based the scoring rubrics in the CRAM manual, are given scores ranging from A to D. Wayside Canyon is downstream of several drainages that will be graded as part of project development. To monitor potential impacts on the stream condition and riparian habitat from the loss of upstream drainages and other indirect impacts from project development (e.g., new weed sources, increased human presence), Wayside Canyon will be assessed on an annual basis using a modified CRAM approach. This monitoring will be performed by using four permanent sampling points that will be established in Wayside Canyon to collect data according to the methods described below. These sampling points will be selected using a stratified random sampling method. Wayside Canyon will be divided into four equal sections (each consisting of approximately 600 linear feet of streambed) and one sampling point will be selected randomly within each section. This method allows for random selection of sampling points to avoid human bias, but avoids having sampling points pontenitally grouped together to ensure that all portions of Wayside Canyon are evaluated. CRAM metrics that have been selected are best suited to identify changes over time to the stream morphology and habitat quality in Wayside Canyon. Prior to transfer of the City Open Space Areas, BLC Tesoro LLC will perform a CRAM analysis in Wayside Canyon according to the procedures below to establish the baseline condition of the stream corridor. Future monitoring will use this baseline condition to compare stream conditions to determine if conditions have deteriorated which would require management actions. Changes that are observed in the scores of these CRAM metrics over time will prompt management activities to restore the stream to baseline conditions. CRAM metrics that will be utilized in assessments of Wayside Canyon are described below: 1. Buffer Condition: An assessment of the condition of areas immediately adjacent to the riparian corridor (i.e., stream buffer) will help to determine if the buffer condition has deteriorated that would in turn affect the condition of the Wayside Canyon stream. The R.\P.j..ts`BPC�3BLC000101ITMP\C,ty Op.. Sp ... T,ng-Term Mgt PI- City_Open_Space-081921 do 14 Long -Term Management Plan Tesoro del Valle Open Space Areas buffer may be affected by site development and associated human use of the area. CRAM evaluates buffer condition via an estimate of non-native vegetation cover, presence of disturbed soil conditions, and evidence of human visitation (e.g., trash). The buffer condition will be given a score of A through D according to the CRAM rubric for this metric. 2. Channel Stability: Channel stability is assessed to determine if it is in a state of aggradation (net accumulation of sediment on the channel bed causing it to rise overtime), degradation (net loss of sediment from the bed causing it to be lower over time), or equilibrium (no net change in sediment accumulation). To determine if a channel is in a state of aggradation, degradation, or equilibrium, CRAM provides a checklist of field indicators. Changes in the field indicators observed over time will suggest sediment transport changes that are deleterious to overall channel conditions. 3. Topographic Complexity: Topographic complexity refers to the topographic relief of a stream channel and the variety of elevations in cross-section. Variety in the topographic relief provides a diversity of habitat conditions for wildlife. To assess topographic complexity, the cross-section of the stream at each sampling point is sketched and the presence of features such as cobble, boulders, pits, sediment mounds, and debris jams is noted. The topographic complexity of the stream at each sampling point is given a score based on the number of banks and terraces that occur in the stream profile and the presence of cobble, boulders, etc. that provides additional complexity along the streambank. Cross -sectional diagrams can be compared over time to determine if there are changes in the complexity of the stream profile. 4. Hydrologic Connectivity: Hydrologic connectivity describes the ability of water to escape a main channel and occasionally affect the adjacent floodplain. The hydrologic connectivity is measured by determing the entrenchment ratio (as described in the CRAM riverine field manuel) which is essentially the relationship between the width of the stream and the depth of the low -flow channel. Increasing erosion would lower the stream bottom and reduce the entrenchment ratio. The entrenchment ratio will be determined at each sampling point and changes in the ratio over time will indicate stream aggradation or degradation that would indicate a need for management activities to reverse this trend. 5. Vegetation Coverage and Composition: Changes in the overall coverage of vegetation is a strong indication of a deterioration of general condition of stream processes. Changes in the composition of vegetation species is an additional possible indication of negative changes in stream conditions. Vegetative composition changes may consist of an increase in non-native vegetation species, or native species that are either more or less hydrophytic. Observed changes in vegetation composition would suggest that changes in hydrology are encouraging shifts in the habitat or that new sources of non-native species from project site development are present. Vegetation will be assessed using the point - intercept method of vegetative assessment. A 100-foot long longitudinal transects (i.e., parallel to the stream flow direction) will be established at each sampling point (the upstream end of each transect would begin at each sampling point). At each foot along the transect, the species that hit the point are recorded (100 points total per transect) and the vegetation is classified into one of the following categories: native cover, non-native cover, both (native and non-native cover), or bare ground. The number of line intercepts is divided by the total number of points per transect to determine the percent coverage for each species and each cover class (native, non-native, or bare ground). 6. Photo Documentation: Photos will be taken at each sampling point in the upstream and downstream direction to provide visual evidence of changes in streambed condition over time. Photos will also be taken at each outlet structure to document vegetation condtions at the outlets and identify any erosion from water leaving these locations. R.\Pmlect,,BLC�3BLC000101ITMP\C,ty Open Sp ... T,n9-Term Mgt Plan ,ty_Open_Sp... -08192, d— 15 Long -Term Management Plan Tesoro del Valle Open Space Areas 5.4 MONITORING REPORTS 5.4.1 Baseline Conditions Resort Prior to transfer of the City Open Space Areas, BLC Tesoro LLC will provide a baseline condition report to the City that will document the condition of the site to allow for comparison during future site monitoring visits. The baseline condition report will evaluate Wayside Canyon using the modified CRAM approach described above so that any changes in its condition can be detected and improved and will document the location of permanent sampling locations. This report will also confirm that all existing trails within the City Open Space Areas are in good condition (i.e., free of erosion or any impediments to their use for recreational activities). The condition of the habitat will be qualitatively assessed, which will include a map of existing vegetation communities and a description of the quality of the vegetation communities. Permanent photo -documentation stations will be established as part of this report to identify locations that provide representative views of the various vegetation communities and specific sensitive resources (e.g., western spadefoot ponds). 5.4.2 Annual Reports Annual reports shall be prepared that detail maintenance activities performed during the previous 12 months. These reports and subsequent site monitoring will aid in determining the effectiveness of previous maintenance activities as part of the adaptive monitoring process described above. Annual reports shall be finalized and distributed to all necessary parties by December 31 of each year. 5.5 ONGOING MAINTENANCE ACTIVITIES Several maintenance activities will be required on an ongoing basis to maintain or enhance the baseline biological resource conditions that are present in the City Open Space Areas. These activities are discussed in detail below. 5.5.1 Invasive Plant Control The principal non-native plant species that occur in the City Open Space Areas include various non-native grasses and herbaceous species such as ripgut brome, red brome, slender wild oats, summer mustard, and tocalote. This section describes appropriate techniques for the control of these species and others that may occur in the future. The most likely locations where non-native species will be encountered are along the trails. This is a common "edge effect" where the disturbed conditions along trails encourage establishment of non-native plants that can then expand into adjacent native vegetation areas. Ongoing control of non-native plants can minimize their impact on adjacent habitat. Herbaceous or grass species will be controlled through hand removal or mechanical trimming. Mechanical trimming of grass species involves trimming the seed heads with a string trimmer prior to seed maturation. This method slowly exhausts the existing seed bank of non-native grasses, allowing native species to naturally regenerate. Importantly, mechanical trimming should not disturb the soil surface as this encourages subsequent weed growth. This is an especially important consideration to avoid impacts to special status mariposa lilies (see Section 2.4). Mariposa lilies typically germinate in January in which a single basal leaf extends above ground level which provides photosynthetic energy to the below -ground bulb. Weed trimming in areas of native habitat must avoid disturbing the ground in this period so that lily growth is not harmed. Later in the spring (April -May) the bulbs produce conspicuous yellow blooms that can be avoided more easily. String trimming in habitat areas should be minimized in the summer months as this R.\P.j..ts`BPC�3BLC000101ITMP\C,ty Op.. Sp ... T,ng-Term Mgt P1a City_Open_Space-081921 do 16 Long -Term Management Plan Tesoro del Valle Open Space Areas is when the mariposa lily flowers close and dry out to create a seed capsule that contains seeds as they mature. Seeds mature in late summer (August -September). Weed trimming from September to mid -December is the time when mariposa lilies would not constrain this activity, though mechanical trimming should never disturb the soil surface. Other non-native species that may occur in the open space areas such as summer mustard, Russian thistle (Salsola tragus), and tree tobacco will be controlled by hand and through the use of hand tools. No herbicides will be used in keeping with the management policy of the Santa Clarita Open Space Preservation District. 5.5.2 Native Plant Establishment Areas that are disturbed by public visitors or experience natural dieback of native vegetation may require installation of native plant species to correct the damage. Native plant installation can be accomplished through the planting of container stock for small areas of disturbance or application of a native seed mix. Tables 2 and 3 provide suggested native seed mixes that can be applied to the upland and riparian zones, respectively, of the City Open Space Areas. All seeds should be acquired from a reputable native seed supplier that can confirm the source of any plant material was collected from within 10 miles of the City Open Space Areas and within 1,000 elevational feet. TABLE 2 UPLAND NATIVE SEED MIX Scientific Name Common Name lbs./ acre Acmispon glaber deerweed 6.0 Artemisia californica California sagebrush 5.0 Baccharis pilularis coyote brush 2.0 Diplacus longiflorus southern bush monkeyflower 1.0 Encelia californica California brittlebush 2.0 Eriogonum fasciculatum var. foliolosum leafy California buckwheat 5.0 Lupinus succulentus arroyo lupine 1.0 Salvia leucophylla purple sage 4.0 Salvia mellifera black sage 3.0 Stipa lepida foothill needlegrass 1.0 11 TOTAL 30.0 R.\P.j..t,,BLC�3BLC000101ITMP\C,ty Op.n Sp ... T,n9-Term Mgt Plan ,ty_Open_Sp... -08192, d— 17 Long -Term Management Plan Tesoro del Valle Open Space Areas TABLE 3 RIPARIAN NATIVE SEED MIX Scientific Name Common Name lbs./ acre Acmispon glaber deerweed 6.0 Artemisia tridentata Great Basin sagebrush 2.0 Corethrogyne filaginifolia common sand aster 1.0 Elymus condensatus giant wild rye 2.0 Eriodictyon crassifolium thick -leaf yerba santa 2.0 Eriogonum fasciculatum var. foliolosum leafy California buckwheat 3.0 Hazardia squarrosa saw-toothed goldenbush 3.0 Lupinus succulentus arroyo lupine 2.0 Melica imperfecta coast range melic grass 2.0 Stipa lepida foothill needlegrass 2.0 TOTAL 25.0 5.5.3 Trail Maintenance The trails in the City Open Space Areas connect to other trails in the Angeles National Forest to the north and to undeveloped areas to the west. Currently, mountain bikers are the most common users of these trails though after project construction, the trails will likely support an increased number of walkers/hikers from the Tesoro del Valle community and the public at large. Maintaining the existing trails in good condition is the most effective method to prevent trail users from creating unauthorized trails which results in damage to native vegetation. Access to any such unauthorized trails shall be blocked with temporary signage and materials such as rice straw bales until the damaged area recovers. Authorized trails may require minor action to repair small erosive gullies. This may require the use of a skid -steer or trail dozer to perform minor grading to re-establish baseline trail conditions. 5.5.4 Stream Maintenance The City Open Space Areas contain several ephemeral streams that are upstream of the Project development area. The hydrology of these streams is therefore unaffected by the presence of the Tesoro del Valle development and any changes to their physical condition that are the result of natural processes are not expected to require any remediative activity. Other streams, principally Wayside Canyon, that are downstream of the Project development area have the potential to be affected by changes in hydrology. The Project was designed to maintain the approximate maximum flow rates that are discharged to streams that are downstream of the Project development area and energy dissipation in the form of a rip -rap apron at outlet points. Additionally, there are no dry season flows that are discharged to downstream drainages. Such dry season flows encourage non-native plant growth and shifts in vegetation composition. However, it is possible that winter storm flows may cause erosion in the streambed of Wayside Canyon and debris basins upstream of the Project development area prevent new sediment from naturally replenishing the streambed. If the CRAM assessments (Section 5.3.2) result in diminishing scores for the stream's buffer conditions, channel stability, topographic complexity, hydrologic connectivity, or vegetation coverage/composition, the following management activities should be implemented. R.\P.j..ts`BPC�3BLC000101ITMP\C,ty Op.n Sp ... T,n9-Term Mgt Plan ,ty_Open_Sp... -08192, d— 18 Long -Term Management Plan Tesoro del Valle Open Space Areas • Stream buffer: A reduction in the stream buffer metric will be the result of increased non- native vegetation coverage, evidence of soil compaction, and/or unauthorized human visitation. Increases in non-native vegetation shall require additional weeding events until coverage is visually estimated to be less than five percent. Soil compaction shall be improved by loosening soil with hand tools. Because weeds tend to flourish when soil is disturbed, any areas of soil decompaction shall be prioritized for weed control. If there is no natural recruitment of native plants, a native seed mix shall be applied (see Table 2). If evidence of unauthorized human visitation is observed (e.g., trash, illegal trails), appropriate remediative actions shall be taken (e.g., removal of trash). Locations of illegal entry shall be identified and signage or fencing shall be installed to discourage future entry. Erosion associated with the channel stability, topographic complexity, and hydrologic connectivity metrics: Decreased scores for these metrics would result from excessive erosion in the centerline of the channel. Appropriate management activites would first involve applying a native seed mix to stabilize soils (see Table 3), followed by potentially installing a biodegradable erosion control fabric that would be covered by native soils. If more significant erosion is observed, sediment that collects in upstream debris basins should be transported to the downstream drainage area to mimic the natural process of sedimentation. Any placement of materials in the stream (sediments, rocks, or erosion control fabric) would constitute a discharge to the stream and would require a permit from the resource agencies. Vegetation coverage and composition: Changes in the flow regime may have a noticeable effect on the overall coverage of vegetation and the species that comprise the native communities. Reduced flows may encourage more upland species to become established in the stream area while additional water may result in more hydrophytic species becoming dominant. Streambed erosion may scour out grasses or herbaceous species from the streambed or may undercut woody species so that they become unstable and fall over. Any reductions in vegetation cover will require application of a native seed mix or may require re -planting of specific dominant woody species to restore the area to pre -project conditions. If additional water inputs cause weeds to germinate, then these areas shall be prioritized for weed control so that plants rated as highly invasive by the California Invasive Plant Council are eradicated and other non-native plants are maintained a level of less than five percent coverage. 5.5.5 Repair of Signage or Fencing Damaged signs or fences shall be identified during regular monitoring visits. All signs should be repaired at the earliest opportunity as they can generally be repaired or replaced with minor cost and effort. Any fence damage should be repaired immediately to prevent unauthorized access to sensitive areas. Signs will be posted at trail entrance points and will indicate the public use rules of the City Open Space Areas consistent with typical signs used by the Santa Clarita Open Space Preservation District. At a minimum, these signs will indicate the following rules of the City Open Space Areas: (1) open space hours; (2) smoking is prohibited; (3) no littering or dumping; (4) visitors must stay on established trails; (5) no unauthorized vehicles; and (6) pets must be on leash. 5.5.6 Trash Management Wildlife -proof trash receptacles, trash catching devices (staggered fencing with vegetation), dispensers for dog waste bags, and receptacles for cigarette butts will be installed by BLC Tesoro at trail entrance points as indicated in the approved landscape plan. Trash collection from the various receptacles and trash removal from the staggered fencing and along trails shall occur on an approximate weekly basis as will re -stocking of dispensers for dog waste bags. The schedule R.\P.j..ts`BPC�3BLC000101ITMP\C,ty Op.n Sp ... T,n9-Term Mgt P1a City_Open_Space-081921 do 19 Long -Term Management Plan Tesoro del Valle Open Space Areas for trash collection and re -stocking can be adjusted based on the observed rate of trash accumulation. 5.5.7 Public Outreach Public outreach is an important component of ensuring compliance with open space rules and therefore preservation of the ecological values of the City Open Space Areas. To communicate the rules of the City Open Space Areas, signage shall be maintained in good condition and repaired/replaced on an as -needed basis. The open space rules will also be recorded in the Tesoro del Valle community's Codes, Covenants, and Restrictions and will provided on the Tesoro del Valle Master Homeowners Association's website. 5.6 CONSTRAINTS The City shall comply with various regulatory constraints that may affect the timing or methods of various maintenance activities. These constraints are described below. 5.6.1 Jurisdictional Waters The City Open Space Areas contain streambed drainages that are considered to be "waters of the United States" that is under the jurisdiction of the U.S. Army Corps of Engineers, the State Water Resources Control Board, and the CDFW. Activities that would involve discharging or dredging fill or removing native vegetation from drainage features would likely require a permit pursuant to Sections 401 and 404 of the federal Clean Water Act and Section 1600 of the California Fish and Game Code. Consultation with these regulatory agencies is necessary prior to any activity that would require impacting any streambed feature. Trails in the City Open Space Areas generally are located along ridgelines in upland areas away from any streambeds. Therefore, maintenance activities described herein are not anticipated to require any resource agency permits, though any activities that would result in a direct or indirect impact to streambed features would likely require resource agency permitting. This would include any significant trail repair that would require work in a streambed. 5.6.2 Nesting Birds The removal of any vegetation should be performed in a manner to avoid impacts to nesting birds. Active bird nests are protected by the California Fish and Game Code and by the federal Migratory Bird Treaty Act. The generally accepted raptor nesting season extends from January 1 through June 30, while the nesting season for non -raptor bird species occurs from approximately February 1 through September 15. Vegetation that has the potential to support bird nesting should not be disturbed during these periods. Additionally, non-native plant removal should not occur in the vinicity of potential nesting habitat during these periods. If it is determined that the removal of non-native plants is necessary for the benefit of the surrounding habitat, a qualified biologist can perform a survey for active nests in the vinicity of the proposed work area and submit these findings for approval by the CDFW prior to the initiation of this work. 5.6.3 Pesticides and Chemicals The use of chemicals that have the potential to impact the biological resources of the City Open Space Areas shall be avoided. Examples of such chemicals include herbicides, chemical fertilizers, pesticides, biocides, rodenticides, and fungicides. R.\P.j..ts`BPC�3BLC000101ITMP\C,ty Op.n Sp ... T,n9-Term Mgt Plan ,ty_Open_Sp... -08192, d— 20 Long -Term Management Plan DEDICATION AGREEMENT AND JOINT ESCROW INSTRUCTIONS This Dedication Agreement and Joint Escrow Instructions ("Agreement") is entered into as of , 2022 by and between BLC TESORO LLC, a Delaware limited liability company ("Grantor") and the CITY OF SANTA CLARITA, a municipal corporation ("Grantee"). Recitals This Agreement is made with reference to the following facts and circumstances, which are a part of this Agreement: A. Grantor is the owner and developer of that certain residential development project located in unincorporated Los Angeles County (the "County") and known as "Tesoro Highlands" (the "Project"), which Project is the final phase of development of the Tesoro del Valle master planned community and includes the construction of 820 residential units and certain other uses within a total project area of approximately 1,275 acres. B. The Project was approved by the County on November 7, 2018 by action of the County's Regional Planning Commission as more fully described in Revised Vesting Tentative Tract Map TR51644-1 (as amended on June 23, 2020 and June 15, 2021) and certain related approvals, including Conditional Use Permit No. 200600210, Discretionary Housing Permit No. 2016001958 and Oak Tree Permit No. 201000029 (the "Project Approvals"), which Project Approvals were issued subject to certain conditions of approval (the "Conditions of Approval"). C. In furtherance of the Conditions of Approval, Grantor is entering into this Agreement with the Grantee to convey to the Grantee certain real property consisting of approximately 770 acres of land currently located in the unincorporated County and depicted visually on ExhibitA attached hereto (collectively, the "Property"). The Property includes those areas (i) visually depicted on Exhibit attached hereto as "Open Space for Initial Transfer to the City" (712 acres) and more particularly described on Exhibit A-1 attached hereto (the "Initial Transfer Property") and (ii) visually depicted on Exhibit A as "Open Space for Future Transfer to the City" (58 acres) (the "Additional Transfer Property"). D. Grantor has previously agreed to grant certain easements (the "Tapia Easements") to DACA-CASTAIC LLC ("DACA") as set forth in a Joint Cooperation Agreement dated as of August 10, 2017 (the "JCA"), by and between Grantor and DACA, a memorandum of which was recorded in the Official Records of the County on December 1, 2017 as Instrument No. 20171388438. The form of the Tapia Easements were agreed upon and attached as exhibits to the JCA and were further executed and acknowledged by Grantor and are, as of the date hereof, being held in trust by DACA. E. Grantor will grant before the closing that certain Multi -Use Trail Easement to the County (the "Public Trail Easement"). 072906\12168438v10 F. Grantor and the Grantee will be entering into that certain Open Space Management and Maintenance Agreement (the "Open Space Agreement") to provide for among other things, the maintenance and long-term management of the Property for open space purposes. G. As more fully set forth herein, the Grantee agrees to accept title to the Property in its natural, scenic, and open space condition and to maintain and manage the Property as more fully set forth in the Open Space Agreement. NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged and agreed, the parties agree as follows: Section 1. Definitions. In addition to terms defined elsewhere in this Agreement, as used in this Agreement the following terms shall have the following definitions: A. "Environmental Laws " means all federal, state, or local laws, rules, orders, regulations, statutes, ordinances, codes, decrees, or requirements of any government authority, regulating, relating to, or imposing liability or standards of conduct concerning any Hazardous Substances. B. "Hazardous Substances " includes without limitation: (1) All substances, materials, and wastes that are regulated or classified as "hazardous substances," "hazardous wastes," "hazardous materials," "toxic substances," "pollutants," "contaminants" or other similar terms under any federal, state, or local laws, rules, orders, regulations, statutes, ordinances, codes, decrees or requirements; and (2) Any petroleum or refined petroleum product, asbestos, polychlorinated biphenyl, material or substance designated as a hazardous substance pursuant to 33 USCS § 1321 or listed pursuant to 33 USCS § 1317, any flammable explosive, or and radioactive material. C. "Business day" means each calendar day other than a Saturday, Sunday or a day observed as a holiday by the federal government, the State of California. Section 2. Agreement to Dedicate. Grantor agrees to dedicate, and Grantee agrees to accept the dedication of, the Property on and subject to the terms and conditions contained in this Agreement. Section 3. Consideration and Payment. The total consideration Grantee is paying to Grantor for the Property is Zero and No/100 Dollars ($0). 072906\12168438v10 Section 4. Escrow. An escrow (the "Escrow") to consummate the dedication of the Property is to be opened by Grantee and Grantor at the office of First American Title Insurance Company, 18500 Von Karman, Suite 600, Irvine, California 92612, Attention: Jeanne Gould ("Escrow Agent") promptly following the execution of this Agreement by all parties by the delivery to Escrow Agent of a fully - signed counterpart of this Agreement (the "Opening of Escrow"). Escrow Agent is to inform each of the parties in writing as to the date of the Opening of Escrow. The fully -signed counterpart of this Agreement which is delivered to the Escrow Agent will serve as escrow instructions, subject to the provisions of the Escrow Agent's standard conditions for acceptance of escrow, but only to the extent that the standard conditions impose no additional obligations or liabilities on the parties, and further subject to the terms and conditions in this Agreement, the latter to control in the case of conflict. Section 5. Certain Conditions to Grantee's and Grantor's Performance. A. Grantee's obligation to perform under this Agreement and to accept the dedication of the Property is subject to the satisfaction, or express written waiver by Grantee, of the following conditions: (1) Grantor's representations and warranties in this Agreement being correct as of the date of this Agreement and as of each Closing Date; (2) Grantor's performance of all obligations to be performed by Grantor under this Agreement; (3) The Title Company being prepared to issue the Title Policy on the applicable Closing, subject only to the Approved Exceptions (as defined in Section 7A); (4) Approval of the terms and conditions of this Agreement prior to the Initial Closing Date by the City Council and City Attorney of Grantee. B. Grantor's obligation to perform under this Agreement and to dedicate the Property is subject to the satisfaction, or express written waiver by Grantor, of the following conditions: (1) Grantee's representations and warranties in this Agreement being correct as of the date of this Agreement and as of each Closing Date; and (2) Grantee's performance of all obligations to be performed by Grantee under this Agreement. Section 6. Title; Inspections. A. Grantee shall cause First American Title Company (the "Title Company") to issue and deliver to Grantor (with a copy to Grantee) a preliminary report (the "Preliminary Report") for an ALTA Owner's Policy of Title Insurance for the Property, together with copies of all documents relating to title exceptions referred to in the Preliminary Report. Grantee shall approve or disapprove each exception shown in the Preliminary Report (each an "Exception") within 072906\12168438v10 twenty (20) days following the receipt of the Preliminary Report, all documents relating to title exceptions referred to in the Preliminary Report and any amendments or updates of the Preliminary Report (the "Disapproval Period"); except that Grantee will not have the right to object and will accept title subject to (i) the lien of property taxes not yet due, (ii) the Tapia Easements and the Public Trail Easement, (iii) standard printed exceptions in the Title Policy (as defined below) issued by Title Company and (iv) any other liens, easements, encumbrances, covenants, conditions and restrictions of record, other than Disapproved Exceptions (collectively, the "Approved Exceptions"). Grantee's failure to give written notice of objection within the Disapproval Period shall be deemed to be an approval of the Exceptions. If any Exception is disapproved in writing (each a "Disapproved Exception"), Grantor shall have five (5) days after receipt of Grantee's written notice of objection ("Grantor's Response Period") to, in its sole discretion, (i) elect to undertake to attempt to cause each Disapproved Exception to be discharged, satisfied, released, or terminated, as the case may be, of record, or (ii) elect not to undertake to remove or endorse over any Disapproved Exceptions. If Grantor does not deliver its response notice within Grantor's Response Period, Grantor shall be deemed to have elected to not undertake to eliminate or endorse over the matters disapproved or conditionally approved by Grantee. B. If Grantor elects or is deemed to have elected not to obtain a discharge, satisfaction, release, or termination as provided above, Grantee shall have three (3) days to elect either to: (1) Waive the Disapproved Exception and proceed with the Closings, accepting title to the Property subject to the Disapproved Exception (which will then be considered to be a part of the Approved Exceptions), or (2) Terminate this Agreement, in which case both Grantee and Grantor shall be relieved of all further obligation and liability to each other under this Agreement, except for such as have accrued prior to the date of termination, and all the funds and documents deposited with Escrow Agent shall be promptly refunded or returned, as the case may be, by Escrow Agent to the depositing party. Grantee's failure to elect one of the above options within such three (3) day period shall be deemed Grantee's election to proceed under (2) above and terminate this Agreement. C. During the period commencing with the Opening of Escrow and terminating thirty (30) days thereafter (subject to extension as provided below, the "Feasibility Period"), Grantee may undertake at Grantee's expense all due diligence inspections, investigations and reviews of the Property which Grantee may deem appropriate, including, but not limited to, the physical condition of the Property, an appraisal of the value of the Property, and an inspection and examination of soils, environmental factors, geotechnical factors, and Hazardous Substances, if any, relating to the Property. If Grantee does not deliver to Grantor and Escrow Holder, in Grantee's sole and absolute discretion, written notice (the "Feasibility Approval Notice") of Grantee's approval of such inspections, investigations and reviews before the expiration of the Feasibility Period, then Grantee shall be deemed to have disapproved of such inspections, investigations and reviews, this Agreement shall automatically terminate, in which case both Grantee and Grantor shall be relieved of all further obligation and liability to each other under this Agreement, except for such as have accrued prior to the date of termination, and all the funds and 072906\12168438v10 documents deposited with Escrow Agent shall be promptly refunded or returned, as the case may be, by Escrow Agent to the depositing party. D. Access to the Property during the Feasibility Period shall be given to Grantee and its authorized representatives upon one (1) business day's prior notice to Grantor. Grantee agrees to indemnify and defend Grantor against and hold Grantor harmless from all losses, costs, damages, liabilities, and expenses, including reasonable attorney fees, arising in connection with Grantee's or its authorized representatives' inspection, investigation or review of the Property. Grantee agrees to restore the Property to its original condition should it alter the physical condition due to soil studies and/or surveys. Section 7. Closing. A. Simultaneously with each Closing, Escrow Agent must cause the Title Company to issue an ALTA Standard Owner's Policy of Title Insurance ("Title Policy") in an amount determined by Grantee, subject only to the Approved Exceptions. B. Grantor is to deposit with Escrow Agent not later than three (3) business days prior to each Closing Date the following: (1) With respect to the Initial Closing only, a grant deed executed and acknowledged by Grantor conveying to Grantee good and marketable fee simple title to the Initial Transfer Property, subject only to the Approved Exceptions in the form attached hereto as Exhibit B (the "Initial Transfer Deed"). (2) With respect to the Second Closing only, a grant deed executed and acknowledged by Grantor conveying to Grantee good and marketable fee simple title to the Additional Transfer Property, subject only to the Approved Exceptions in the form attached hereto as Exhibit B (the "Additional Transfer Deed" together with the Initial Transfer Deed, the "Deeds" and each a "Deed"). (3) With respect to the Initial Closing only, the Open Space Agreement, duly executed and acknowledged by Grantor. (4) With respect to the Initial Closing only, an Access Easement encumbering the Initial Transfer Property in favor of Grantor in the form attached hereto as Exhibit C (the "Mitigation Access Easement"), duly executed and acknowledged by Grantor. (5) With respect to the Second Closing only and if requested by Grantor, an Amendment to Access Easement amending the Mitigation Access Easement to encumber both the Initial Transfer Property and the Additional Transfer Property (the "Amendment to the Mitigation Access Easement"), duly executed and acknowledged by Grantor. (6) If legally required, Grantor's affidavit of nonforeign status as contemplated by Section 1445 of the Internal Revenue Code of 1986, as amended ("FIRPTA Affidavit"). (7) If legally required, Grantor's affidavit as contemplated by the Revenue and Taxation Code §§ 18805 and 26131 ("Withholding Affidavit"). 072906\12168438v10 (8) Grantor's affidavits and required property disclosures, such amounts as are payable by Grantor under this Agreement, and such other documents and instruments as shall be reasonably required by Escrow Agent or the Title Company in order to effectuate the applicable Closing. C. Grantee is to deposit with Escrow Agent not later than three (3) business days prior to each Closing Date the following: (1) With respect to the Initial Closing only, the Open Space Agreement, duly executed and acknowledged by Grantee. (2) With respect to the Initial Closing only, the Mitigation Access Agreement, duly executed and acknowledged by Grantee. (3) With respect to the Second Closing only and if requested by Grantor, the Amendment to the Mitigation Access Agreement, duly executed and acknowledged by Grantee. (4) All amounts as are payable by Grantee under this Agreement, and such other documents and instruments as shall be reasonably required by Escrow Agent or the Title Company in order to effectuate the applicable Closing. D. The Initial Transfer Property is to be conveyed to Grantee and this transaction is to close with respect to the Initial Transfer Property (the "Initial Closing") on , or at such earlier or later time as may be agreed upon in writing by Grantor and Grantee ("Initial Closing Date"). The Additional Transfer Property is to be conveyed to Grantee and this transaction is to close with respect to the Additional Transfer Property (the "Second Closing" together with the Initial Closing, the "Closings" and each a "Closing") on , or at such earlier or later time as may be agreed upon in writing by Grantor and Grantee ("Second Closing Date" together with the Initial Closing Date, the "Closing Dates" and each a "Closing Date"). E. On each Closing Date, Escrow Agent is to close Escrow as follows: (1) With respect to the Initial Closing only, record the Initial Transfer Deed (marked for return to Grantee), the Open Space Management Agreement and the Mitigation Access Easement, in that order, with the Los Angeles County Recorder (which will be deemed to be delivery to Grantee); (2) With respect to the Second Closing only, record the Additional Transfer Deed (marked for return to Grantee) and the Amendment to the Mitigation Access Easement (if applicable), in that order, with the Los Angeles County Recorder (which will be deemed to be delivery to Grantee)' (3) Cause the applicable Title Policy to be issued; (4) Prorate certain costs as provided in Section 7F; 072906\12168438v10 (5) Charge Grantee and Grantor for those costs and expenses to be paid by Grantee or Grantor pursuant to this Agreement and disburse any net funds remaining after the preceding disbursements to the appropriate party; (6) Prepare and deliver to both Grantee and Grantor one signed copy of Escrow Agent's closing statement showing all receipts and disbursements of the Escrow; and (7) Deliver to Grantee the FIRPTA Affidavit and the Withholding Affidavit. If Escrow Agent is unable to simultaneously perform all of the instructions set forth above, Escrow Agent is to notify Grantee and Grantor and retain all funds and documents pending receipt of further instructions jointly issued by Grantee and Grantor. F. Escrow Agent is to prorate the following costs at each Closing: (1) Grantor is to pay a. all governmental conveyance fees and taxes, if any, due upon transfer of the applicable portion of the Property, and b. the cost of removing or insuring over any Disapproved Exceptions pertaining to the Title Policy. (2) Grantee is to pay a. the recording charges, if any, in connection with recordation of the applicable Deed, and b. the cost of the basic owner's title policy, and C. Grantee's costs related to title endorsements and title policy upgrades, if any, requested by Grantee. (3) Any real property taxes due are to be prorated as of the applicable Closing based on the most current real property tax bill available, including any additional property taxes that may be assessed after the applicable Closing but that relate to a period prior to the applicable Closing, regardless of when notice of those taxes is received or who receives the notice. All installments of any bond or assessment that constitutes a lien on the applicable portion of the Property prior to the applicable Closing are to be paid by Grantor. To the extent that the actual taxes and assessments for the current year differ from the amount apportioned at the applicable Closing, the parties shall make all necessary adjustments by appropriate payments between themselves following the applicable Closing. Section 8. Possession. On the applicable Closing Date, Grantor will deliver possession of the applicable portion of the Property to Grantee free from all claims to possession arising under or through Grantor and 072906\12168438v10 free from all claims to possession by any and all other third parties, except those claims which are a part of the Approved Exceptions. Section 9. Grantor Representations and Warranties. A. Grantor represents and warrants to Grantee as of the date of this Agreement and as of each Closing Date: (1) To Grantor's actual knowledge, and except as disclosed by Grantor to Grantee in this Agreement or otherwise in writing prior to the date of this Agreement, and except as disclosed in any reports or studies made available to, or prepared by or on behalf of, Grantee: (a) the Property is free from Hazardous Substances and is not in violation of any Environmental Laws, (b) there are no buried or partially buried storage tanks located on the Property, (c) Grantor has received no notice, warning, notice of violation, administrative complaint, judicial complaint, or other formal or informal notice alleging that conditions on the Property are or have been in violation of any Environmental Law, or informing Grantor that the Property is subject to investigation or inquiry regarding Hazardous Substances on the Property or the potential violation of any Environmental Law, (d) there is no monitoring program required by the Environmental Protection Agency ("EPA") or any similar state agency concerning the Property, (e) no toxic or hazardous chemicals, waste, or substances of any kind have ever been spilled, disposed of, or stored on, under, or at the Property, whether by accident, burying, drainage, or storage in containers, tanks, or holding areas, or by any other means, (f) the Property has never been used as a dump or landfill, and (g) Grantor has disclosed to Grantee all information, records, and studies maintained by Grantor in connection with the Property concerning Hazardous Substances. (2) Grantor is the owner of the Property and has the full right, power and authority to dedicate the Property to Grantee. (3) Other than as set forth in the Notices of Violation delivered to Grantor by the County Department of Regional Planning dated as of July 17, 2019 and the Notice of Violation delivered to Grantor by the County Department of Public Works dated June 18, 2019, Grantor has received no written notice of any condition on the Property which violates any health, safety, fire, sewage, building, or other federal, state, or local law, code, ordinance, or regulation. (4) To Grantor's actual knowledge, and except where such rights or claims exist pursuant to an Approved Exception, there are no rights or claims to ownership, possession, occupancy or use of the Property by any third party, including, without limitation, pursuant to any lease, license, tenancy agreement, or other agreement, which right or claim will exist or be enforceable following the applicable Closing. (5) To Grantor's actual knowledge, there is no pending or threatened in writing litigation, administrative proceeding, or other legal or governmental action with respect to the Property. (6) To Grantor's actual knowledge, (a) any information that Grantor has delivered to Grantee, either directly or through Grantor's agents, is accurate in all material respects, and (b) Grantor has disclosed all material facts with respect to the Property. 072906\12168438v10 B. As used in this Agreement, "actual knowledge" of Grantor or "Grantor's knowledge" or "to Grantor's actual knowledge" shall mean the actual, present knowledge of Michael Schlesinger without duty of inquiry or investigation. Such individual shall not have any personal liability or liability whatsoever with respect to any matters set forth in this Agreement or any of Grantor's representations and/or warranties herein. Grantee acknowledges and agrees that the individual named above is named solely for the purpose of defining and narrowing the scope of Grantor's knowledge and not for the purpose of imposing any liability on or creating any duties running from such individuals to Grantee. C. The representations and warranties made by Grantor pursuant to this Section 9 shall survive (1) each Closing and shall not merge into each Deed and the recordation thereof, and (2) the termination and/or cancellation of this Agreement; provided, however, such representations and warranties made by Grantor shall terminate twelve (12) months following each Closing. Section 10. Grantor Covenants. A. Commencing with the execution of this Agreement and until the applicable Closing Date or earlier termination of this Agreement: (1) Grantor will not permit any liens, encumbrances, or easements to be placed on the Property, other than the Approved Exceptions, nor will Grantor enter into any agreement regarding the sale, rental, management, repair, improvement, or any other matter affecting the Property that would be binding on Grantee or the Property after the applicable Closing, without the prior written consent of Grantee. (2) Grantor will maintain the Property in good order, condition and repair, ordinary wear and tear excepted, and shall not permit any act of waste or act that would tend to diminish the value of the Property in any way. Section 11. Authority of Parties. A. Grantor represents and warrants that this Agreement: (1) Has been duly authorized, executed, and delivered by Grantor; (2) Is the valid and binding obligation of Grantor in accordance with its terms; (3) Does not violate the provisions of any agreement or instrument, or any judgment, order or decree, to which Grantor is a party or by which Grantor or the Property is bound. B. Grantee represents and warrants that this Agreement: (1) Has been duly authorized, executed, and delivered by Grantee; (2) Is the valid and binding obligation of Grantee in accordance with its terms; and 072906\12168438v10 (3) Does not violate the provisions of any agreement or instrument, or any judgment, order or decree, to which Grantee is a party or by which Grantee is bound. C. Each party warrants and represents to the other that the persons executing this Agreement on its behalf are authorized to do so, and on execution of this Agreement, this Agreement shall be its valid and binding obligation, enforceable against it in accordance with its terms. D. The representations and warranties made by Grantor and Grantee pursuant to this Section 11 shall survive (1) each Closing and shall not merge into each Deed and the recordation thereof, and (2) the termination and/or cancellation of this Agreement; provided, however, all representations and warranties made by Grantor and Grantee shall terminate twelve (12) months following each Closing. Section 12. AS IS. A. Except for express covenants, representations and warranties made by Grantor in this Agreement, and subject to satisfaction of all conditions to the applicable Closing in favor of Grantee hereunder, Grantee (i) is acquiring the Property on an "as is whereis" basis, (ii) is relying and shall rely solely upon its own investigation and inspection of the Property and the improvements thereon and upon the aid and advice of Grantee's independent expert(s) in purchasing the Property, and (ii) shall take title to the Property without any warranty, express or implied, by Grantor or any employee or agent of Grantor. B. Effective as of the applicable Closing, Grantee hereby fully and forever waives, releases and discharges Grantor and any of Grantor's members, direct or indirect partners, shareholders, managers, officers, directors, trustees or employees in or of any of them (each, a "Grantor Party") from any and all obligations, liabilities, claims, liens, encumbrances, losses, damages, costs and expenses, including, without limitation, reasonable attorneys' fees (collectively, "Claims"), of any nature or sort, known or unknown, past, present and future, which Grantee may have which arise out of or relate in any way to any liability or responsibility for the Property, including, without limitation, any investigation, clean-up or remediation of any toxic or Hazardous Substances, on, in, under or about the Property. This release shall not apply to (i) any Claims relating to or arising from any breach of Grantor's representations, warranties or covenants set forth in this Agreement, (ii) the willful misconduct or fraud of Grantor, or (iii) all claims made for personal injury or property damage not caused by the acts or omissions of Grantee occurring prior to the applicable Closing. Grantee agrees that this release is fully effective as of the applicable Closing regardless of any present lack of knowledge on the part of any party as to any possible claim or any facts or circumstances pertaining to this matter. Grantee expressly waives the benefits and provisions of Section 1542 of the Civil Code of the State of California, and any similar law of any state or territory of the United States or other jurisdiction. Civil Code Section 1542 provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE 072906\12168438v10 MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. Grantee's Initials C. Notwithstanding anything to the contrary contained herein, none of the Grantor Parties shall be personally liable in any manner or to any extent under or in connection with this Agreement, and neither Grantee nor any successor, assignee, partner, officer, director or employee of Grantee shall have any recourse to any assets of a Grantor Party other than such party's interest in Grantor or the proceeds thereof to satisfy any liability, judgment or claim that may be obtained or made against any such Grantor Party under this Agreement. The terms of this Section 12 shall expressly survive each Closing and the recording of each Deed. Section 13. Brokers. The Grantee and Grantor each represent and warrant to the other that it has not used a broker, agent, finder or other person in connection with this transaction to whom a brokerage or other commission or fee may be payable. Each party agrees to defend, indemnify and hold the other party harmless from and against any and all claims for any broker's commission or similar compensation that may be payable to any broker, finder or other person or entity, based upon such party's own acts. The indemnification obligations contained in this Section shall survive each Closing and the recording of each Deed. Section 14. Liquidated Damages. IF GRANTEE FAILS TO COMPLETE THE DEDICATION PROVIDED FOR IN THIS AGREEMENT BY REASON OF ANY DEFAULT AND IF GRANTOR IS NOT ALSO IN DEFAULT, GRANTOR SHALL BE RELEASED FROM ITS OBLIGATIONS HEREUNDER; HOWEVER BY INITIALING THIS SECTION 14 GRANTEE AND GRANTOR AGREE THAT IN THE EVENT OF DEFAULT BY GRANTEE HEREUNDER, (A) IT WOULD BE IMPRACTICAL OR EXTREMELY DIFFICULT TO FIX ACTUAL DAMAGES (B) AN AMOUNT EQUAL TO $1,000 SHALL CONSTITUTE LIQUIDATED DAMAGES PAYABLE TO THE GRANTOR; (C) THE PAYMENT OF $1,000 TO GRANTOR AS LIQUIDATED DAMAGES WILL CONSTITUTE THE EXCLUSIVE REMEDY OF THE GRANTOR; (D) GRANTOR WILL BE ENTITLED TO $1,000 ON ACCOUNT OF THE LOSS OF ITS BARGAIN AS LIQUIDATED DAMAGES; AND (E) PAYMENT OF $1,000 TO GRANTOR AS LIQUIDATED DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL CODE SECTIONS 3275 OR 3369, BUT INSTEAD, IS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO GRANTOR PURSUANT TO SECTIONS 1671, 1676 AND 1677 OF THE CALIFORNIA CIVIL CODE. Grantor's Initials: Grantee's Initials 072906\12168438v10 Section 15. Assignment. Grantee and Grantor, and each of them, do not have the right to assign, either in whole or in part, this Agreement or their respective rights and liabilities under this Agreement, without the express written consent of the other party. Section 16. Attorney Fees. If litigation is commenced between the parties, the prevailing party in that litigation is entitled to recover from the non -prevailing party all reasonable attorneys' fees and costs as fixed by the court. This Section 16 shall survive each Closing and the recording of each Deed Section 17. Notices. A. All notices to be given under this Agreement must be in writing and sent to the respective party's notice addresses set forth below by: (1) First class mail, postage prepaid, in which case notice will be deemed delivered three (3) business days after deposit in the United States Mail, or (1) Personal delivery, or by commercial messenger or courier service, in each which case notice will be deemed delivered upon receipt, or (2) Electronic mail ("Email"), in which case notice will be deemed delivered when sent to the e-mail of the intended recipient as set forth in this Agreement (as evidenced by the senders "sent mail" mailbox and by the absence of a delivery failure message in the sender's "in box"). The notice addresses of the parties are as follows: Grantee: City of Santa Clarita 23920 Valencia Boulevard, Suite 120 Santa Clarita, California 91355 Attention: Kenneth W. Striplin Tel: 661-255-4905 Email: kstriplin@santa-clarita.com with a copy to Joseph M. Montes, City Attorney Burke, Williams & Sorensen, LLP 444 South Flower Street, Suite 2400 Los Angeles, California 90071 Tel: 213-236-0600 JMontes@bwslaw.com Grantor: BLC Tesoro, LLC c/o Newport Pacific Land Company 072906\12168438v10 100 Bayview Circle, Ste. 240 Newport Beach, CA 92660 Attn: John Patterson Telephone: (949) 945-2290 Email: jpatterson@npland.com With a copy to: c/o IHP Capital Partners 100 Bayview Circle, Ste. 2000 Newport Beach, CA 92660 Attn: Legal Notices Telephone: (949) 851-2121 Email: legalnotices@ihpinc.com with a copy to: Cox Castle & Nicholson LLP 50 California Street, 32"d Floor San Francisco, CA 92614 Attention: Clark Morrison Telephone: (415) 262-5113 Email: cmorrison@coxcastle.com or to such other address as Grantee or Grantor may respectively designate by written notice to the other given in the manner prescribed herein. Section 18. Entire Agreement. This Agreement contains the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all prior or contemporaneous agreements and understandings (whether written or oral) of the parties. This Agreement cannot be modified in any manner except by an instrument in writing executed by the duly authorized representatives of the parties or of their respective successors in interest. Section 19. Severability. If any term or provision of this Agreement is, to any extent, held invalid or unenforceable, the remainder of this Agreement shall not be affected. Section 20. Waivers. Any waiver of a breach of any covenant or condition in this Agreement is not to be deemed a waiver of any other covenant or condition in this Agreement, and no waiver is valid unless in writing and executed by the duly authorized representative of the waiving party. An extension of time for performance of any obligation or act is not to be deemed an extension of the time for performance of any other obligation or act. 072906\12168438v10 Section 21. Construction. The section headings and captions of this Agreement are, and the arrangement of this instrument is, for the sole convenience of the parties to this Agreement. The section headings, captions, and arrangement of this instrument do not in any way affect, limit, amplify, or modify the terms and provisions of this Agreement. The singular form includes plural, and vice versa. This Agreement is not to be construed as if it had been prepared by one of the parties, but rather as if both parties had prepared it. Unless otherwise indicated, all references to sections are to this Agreement. All exhibits referred to in this Agreement are attached to it and incorporated in it by this reference. Section 22. Counterparts. This Agreement may be executed in counterparts, each of which is an original but all of which together constitute but one and the same instrument. Signature and acknowledgment pages, if any, of this Agreement may be detached from any counterpart and re -attached to any other counterpart of this Agreement which is identical in form hereto but having attached to it one or more additional signature and acknowledgment pages. Section 23. Time of the Essence. Time is of the essence in this Agreement. Section 24. Successors. Subject to the limitations set forth in Section 15, this Agreement inures to the benefit of and is binding upon the parties to this Agreement and their respective heirs, successors, and assigns. Section 25. Governing Law. This Agreement is to be governed and construed in accordance with California law without reference to provisions of California law concerning choice of law. Section 26. Waiver of Claims by Grantor. Grantor acknowledges and agrees that this Agreement and its terms and conditions have been the subject of negotiation between the parties and that the consideration being received by Grantor is fair and just compensation for all of Grantor's interests in the Property. Grantor, on behalf of itself and its agents, representatives, principals, predecessors, successors, assigns, administrators, executors, heirs, and beneficiaries, hereby releases Grantee from any and all Claims, whether known or unknown, which any of them now have, have ever had, or might hereafter have by reason of any matters or things waived or released herein or arising out of or in any way relating to the Property; provided, however, that the foregoing release does not apply to any of the Grantee's representations, warranties or covenants under this Agreement. By initialing below, Grantor acknowledges that it has read and understands, and hereby expressly waives, the benefits of California Civil Code Section 1542 which provides: 072906\12168438v10 A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. Grantor's Initials The release contained in this Section shall survive each Closing and the recording of each Deed. Section 27. Tapia Easements. In the event the Tapia Easements currently being held in trust by DACA are not recorded in the Official Records of the County as of the Closing, Grantee agrees to cooperate in all respects with the recordation of the Tapia Easements following the Closing as and when required by the terms of the JCA, including, without limitation, by re -executing the Tapia Easements as the "grantor" if required in connection with such recordation. The terms of this Section 27 shall survive each Closing. [signatures on following page] 072906\12168438v10 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. GRANTOR BLC TESORO LLC, a Delaware limited liability company By: Name: Title: By: Name: Title: GRANTEE CITY OF SANTA CLARITA: By: Kenneth W. Striplin, City Manager ATTEST: By: City Clerk APPROVED AS TO FORM: By: Joseph M. Montes, City Attorney 072906\12168438v10 EXHIBIT "A" VISUAL DEPICTION OF PROPERTY [see attached] 072906\12168438v10 EXHIBIT "A -I" LEGAL DESCRIPTION OF INITIAL TRANSFER PROPERTY Real property in the City of Santa Clarita, County of Los Angeles, State of California, described as follows: 072906\12168438v10 EXHIBIT `B" GRANT DEED Exempt Recording Per Government Code Sections 6103 and 27383 GRANT DEED A.P. NOS.: Space Above Ibis Line For Recorder's Use THE UNDERSIGNED GRANTOR DECLARES THAT THE CITY OF SANTA CLARITA IS ACQUIRING TITLE AND IS EXEMPT FROM DOCUMENTARY TRANSFER TAX PURSUANT TO REVENUE & TAXATION CODE SECTION 11922 FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ("Grantor"), grants to the CITY OF SANTA CLARITA, a public body corporate and politic of the State of California ("Grantee"), all that certain real property located in the County of Los Angeles, State of California, described in Exhibit "A" attached hereto. The grant by the Grantor to the Grantee which is evidenced by this Grant Deed shall be effective, and this Grant Deed shall be deemed to have been delivered by the Grantor to the Grantee, upon the recording of this Grant Deed in the Official Records of the County Recorder of Los Angeles County, California. SUBJECT TO: (1) Real property taxes and assessments not delinquent; and (2) covenants, conditions, restrictions, reservations, rights of way, liens, leases, licenses, rights of occupancy and easements of record, if any [signatures on following page] 072906\12168438v10 IN WITNESS WHEREOF, the undersigned has executed this Grant Deed on GRANTOR: [SIGNATURE(S) MUST BE NOTARIZED] 072906\12168438v10 EXHBIT "A" TO GRANT DEED LEGAL DESCRfPTION [To Come] 072906\12168438v10 EXHIBIT "C" MITIGATION ACCESS EASEMENT 072906\12168438v10 EXHIBIT A-1 LEGEND DESCRIPTION APPROX. AREA (AC) CITY OWNED OPEN SPACE 176 AC PARCEL 1 & 2 OPEN SPACE FOR INITIAL TRANSFER TO CITY 712 AC *NOTE: ALL OPEN SPACE TAKE -OFFS HAVE BEEN CALCULATED OPEN SPACE FOR FUTURE TRANSFER TO CITY 58 AC FROM EITHER THE GRADING DAYLIGHT LINE, OUTERMOST EDGE OF FUEL MOD LIMITS, OR OTHER DETERMINED LIMIT OF HOA MAINTENANCE, WHICHEVER IS GREATER. TOTAL: 770 AC PARCEL 2 - OUTER EDGE OF FUEL MOD ZONE —. _-- i PROPERTY BOUNDARY PARCEL 2 CITY OPEN SPACE EXHIBIT TESORO HIGHLANDS PARCEL 1-\ ti. PARCEL 1 ✓r. J. n��vn.n ,sr. ne. SAN FRANCISQUITO -' CANYON RD J il9 H III C Z O PARCEL 1 OUTER EDGE OF FUEL MOD ZONE (CITY OWNED OPEN SPACE) (176 ACRES) J SAN FRANCISQUITO CANYON RD�,4117 EXHIBIT A-1 All that certain real property situated in the unincorporated territory of the County of Los Angeles, State of California, more particularly described as follows: PARCELS 1 AND 2 AS SHOWN ON A SUBDIVISION MAP FOR PARCEL NO. 82721, FILED IN BOOK PAGES TO INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA. EXHIBIT `B" GRANT DEED Exempt Recording Per Government Code Sections 6103 and 27383 GRANT DEED A.P. NOS.: Space Above This Line For Recorder's Use THE UNDERSIGNED GRANTOR DECLARES THAT THE CITY OF SANTA CLARITA IS ACQUIRING TITLE AND IS EXEMPT FROM DOCUMENTARY TRANSFER TAX PURSUANT TO REVENUE & TAXATION CODE SECTION 11922 FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ("Grantor"), grants to the CITY OF SANTA CLARITA, a public body corporate and politic of the State of California ("Grantee"), all that certain real property located in the County of Los Angeles, State of California, described in Exhibit "A" attached hereto. The grant by the Grantor to the Grantee which is evidenced by this Grant Deed shall be effective, and this Grant Deed shall be deemed to have been delivered by the Grantor to the Grantee, upon the recording of this Grant Deed in the Official Records of the County Recorder of Los Angeles County, California. SUBJECT TO: (1) Real property taxes and assessments not delinquent; and (2) covenants, conditions, restrictions, reservations, rights of way, liens, leases, licenses, rights of occupancy and easements of record, if any [signatures on following page] 072906\12168438v10 IN WITNESS WHEREOF, the undersigned has executed this Grant Deed on GRANTOR: [SIGNATURE(S) MUST BE NOTARIZED] 072906\12168438v10 RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: CITY OF SANTA CLARITA 23920 Valencia Boulevard, Ste. 300 Valencia, CA 91355 from Recording Fee Space above this line for Recorder's use. GRANT OF EASEMENT AND AGREEMENT FOR RIGHT OF ENTRY FOR BIOLOGICAL MANAGEMENT This GRANT OF EASEMENT AND AGREEMENT FOR RIGHT OF ENTRY FOR BIOLOGICAL MANAGEMENT (the "Agreement") is made and entered into by and between CITY OF SANTA CLARITA, a political subdivision of the State of California ("Grantor"), and BLC TESORO LLC, a Delaware limited liability company ("Grantee"). Grantor and Grantee are referred to collectively herein as the "Parties." RECITALS A. Grantee is the owner and developer of that certain residential development project located in unincorporated Los Angeles County (the "County") and known as "Tesoro Highlands" (the "Project"), which Project is the final phase of development of the Tesoro del Valle master planned community and includes the construction of 820 residential units and certain other uses within a total project area of approximately 1,275 acres (the "Project Site"). B. The Project was approved by the County on November 7, 2018 by action of the County's Regional Planning Commission as more fully described in Revised Vesting Tentative Tract Map TR51644-1 (as amended on June 23, 2020 and June 15, 2021) and certain related approvals, including Conditional Use Permit No. 200600210, Discretionary Housing Permit No. 2016001958 and Oak Tree Permit No. 201000029 (the "Project Approvals"), which Project Approvals were issued subject to certain conditions of approval (the "Conditions of Approval"). Condition of Approval 35 requires Grantee to dedicate to a governmental agency or non-profit organization approximately 770 acres of land within the Project Site and described on Exhibit A attached hereto (collectively, the "City Open Space Areas"), and to provide certain funding for the management and maintenance of such dedicated City Open Space Areas. C. In furtherance of the requirements of Condition 35, Grantee is entering into an Open Space Management and Maintenance Agreement ("OSMMA") with the City to provide for the management and maintenance as open space, of the City Open Space Areas. D. Condition of Approval 11 requires Grantee to comply with certain mitigation measures set forth in that certain Mitigation Monitoring and Reporting Program adopted in accordance with the California Environmental Quality Act and incorporated by reference into the Conditions of Approval ("MMRP"). 072906\12762769v4 E. The MMRP includes requirements (the "Grantee Mitigation Requirements") for Grantee to undertake certain habitat -related improvements within the City Open Space Areas (the "Habitat Improvements") and, following completion of the Habitat Improvements, to monitor and maintain such Habitat Improvements for a five-year period, which Grantee Mitigation Requirements are more fully described in the following habitat mitigation and monitoring plans and programs prepared by the Psomas and approved by the County (collectively, the "HMMPs"), including: (i) "Special Status Vegetation Types, Habitat Mitigation and Monitoring Program, Tesoro del Valle Phases B and C, Revised VTTM 51644-1, Los Angeles County, California, EIR Mitigation Measure Bio-1", dated January 25, 2021, (ii) Oak Tree Habitat Mitigation and Monitoring Plan, Tesoro del Valle Phases B and C, Revised VTTM 51644-1, Los Angeles County, California, EIR Mitigation Measure Bio-2" dated November 9, 2020, (iii) Mariposa Lily Habitat Mitigation and Monitoring Plan, Tesoro del Valle Phases B and C, Revised VTTM 51644-1, Los Angeles County, California, EIR Mitigation Measure Bio-3" dated November 9, 2020, and (iv) Western Spadefoot Translocation Program, Tesoro del Valle Phases B and C, Revised VTTM 51644-1, Los Angeles County, California, EIR Mitigation Measure Bio-4" dated November 2020. Copies of each of the HMMPs are attached to the OSMMA as Exhibit B to that document. F. Upon satisfaction of the Grantee Mitigation Requirements, including completion of the five-year monitoring period established for the Habitat Improvements, City will undertake the long-term maintenance and management of the Habitat Improvements as required by the HMMPs and as more fully set forth in each of the HMMPs. G. This Agreement is being executed and delivered to allow Grantee to enter the City Open Space Areas for the limited purpose of conducting the Grantee Mitigation Requirements in accordance with the HMMPs until Grantee's satisfaction of the Grantee Mitigation Requirements. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals which are specifically incorporated into the body of this Agreement, the mutual promises contained herein and the material reliance by the Parties thereon, and other valuable consideration the receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants to Grantee the right of entry of the nature and character hereinafter set forth (the "Easement"). 1. Description of Easement. Grantee and Grantee's contractors and agents (the "Grantee Parties") shall have the non-exclusive right in gross to enter upon City Open Space Areas in such manner as is reasonably necessary to conduct the Grantee Mitigation Requirements in accordance with the HMMPs. Grantor shall provide to Grantee any key(s) or combination(s) to the lock(s) to gates needed for Grantee's entry as herein provided. The easement granted under this Agreement is non-exclusive and Grantor shall have the right to use the Open Space Areas and to grant other easements in, on, over and across the Open Space Areas, so long as the exercise by Grantor of its right to use the Open Space Areas, and to grant other easements in, on, over and across the Open Space Areas does not interfere with Grantee's rights under this Agreement and is not otherwise prohibited by any other encumbrances on the 072906\12762769v4 2 Open Space Areas (such as to the extent prohibited in the OSMMA). Grantee recognizes Grantor's title and interest in and to the Open Space Areas and agrees never to assail or resist Grantor's title or interest therein by reason of any of the rights granted to Grantee under this Agreement 2. Term. The Easement shall run with the City Open Spaces Areas until completion of the Grantee Mitigation Requirements in accordance with the HMMPs. Every provision, right and obligation under this Agreement that applies to Grantor and Grantee shall also apply to and be binding upon their respective agents, heirs, executors, administrators, successors and assigns. 3. No Liens. Grantee shall keep Grantor's interest in the City Open Space Areas free from any liens imposed to secure an obligation incurred by Grantee, including those arising out of any obligations incurred by Grantee for any labor or materials furnished or alleged to have been furnished at or for use on the City Open Space Areas, and shall indemnify, defend and hold Grantor harmless from all liability resulting from any lien or claim of lien arising therefrom. 4. Costs and Liabilities. Grantor shall retain all rights and responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the City Open Space Areas, subject to the Conservation Easement and this Agreement. 5. Indemnification. (a) Grantee and its successors and assigns shall hold harmless, indemnify, and defend the Grantor and its officials, officers, employees, agents, contractors, and representatives (collectively "Grantor Indemnified Parties") from and against any and all liabilities, penalties, costs, losses, damages, expenses (including without limitation, reasonable attorneys' and experts' fees), causes of action, claims, demands, orders, liens or judgments, including, without limitation, liability arising in connection with personal injury, wrongful death or property damage (each a "Claim" and, collectively, "Claims"), arising from or in any way connected with any act, omission, condition, or other matter related to or occurring on or about the City Open Space Areas, caused by Grantee or its successors or assigns or its or their agents, contractors or employees. If any action or proceeding is brought against any of the Grantor Indemnified Parties by reason of any Claim to which the indemnification in this Subsection 5(a) applies, then at the election of and upon written notice from such Grantor Indemnified Party, Grantee and its successors and assigns shall defend such action or proceeding by counsel reasonably acceptable to the applicable Grantor Indemnified Party or reimburse the Grantor Indemnified Party for all expenses (including, without limitation, reasonable attorneys' and experts' fees) incurred in defending the action or proceeding. (b) Grantor and its successors and assigns shall hold harmless, indemnify, and defend Grantee and its directors, officers, employees, agents, contractors, and representatives (collectively "Grantee Indemnified Parties") from and against any and all liabilities, penalties, costs, losses, damages, expenses (including without limitation, reasonable attorneys' and experts' fees), causes of action, claims, demands, orders, liens or judgments, including, without limitation, liability arising in connection with personal injury, wrongful death or property damage (each a "Claim" and, collectively, "Claims"), arising from or in any way connected with any act, omission, condition, or other matter related to or occurring on or about the City 072906\12762769v4 Open Space Areas, caused by Grantor or any other person other than Grantee or its successors or assigns or its or their agents, contractors or employees. If any action or proceeding is brought against any of the Grantee Indemnified Parties by reason of any Claim to which the indemnification in this Subsection 5(b) applies, then at the election of and upon written notice from such BLC Tesoro Indemnified Party, Grantor and its successors and assigns shall defend such action or proceeding by counsel reasonably acceptable to the applicable Grantee Indemnified Party or reimburse the Grantee Indemnified Party for all expenses (including, without limitation, reasonable attorneys' and experts' fees) incurred in defending the action or proceeding. 6. Hazardous Materials. (a) In Grantee's exercise of its rights under this Agreement, Grantee agree to, and agrees to cause its employees, agents, servants, contractors, invitees, licensees and permittees to, at all times and in all respects, comply with all federal, state and local laws, ordinances, and regulations ("Hazardous Materials Laws") relating to industrial hygiene, environmental protection or the use, analysis, generation, manufacture, storage, disposal, or transportation of any oil, flammable explosives, asbestos, urea formaldehyde, or other hazardous, toxic, contaminated, or polluting materials, substances, or wastes, including, without limitation, any "hazardous substances," "hazardous wastes," "hazardous materials," or "toxic substances" under any such laws, ordinances, or regulations (collectively, "Hazardous Materials"). (b) Without limiting Grantee's other obligations of indemnity under this Agreement, Grantee agrees to indemnify, protect, defend, and hold the Grantor Indemnified Parties, and each of them, harmless from and against any and all claims, demands, losses, liabilities, damages, actions, judgments, costs and expenses (including reasonable attorneys' fees and costs and expenses in connection therewith) which they, or any of them, may suffer or incur to the extent arising out of or relating to any Hazardous Materials brought onto, stored or produced at, of released or disposed of on, the Property by or for Grantee or its successor or assigns or any of it or their employees, agents, servants, contractors, invitees, licensees, or permittees. Grantee's obligations shall include, but not be limited to, the cost of investigation, removal, remediation, restoration, and/or abatement. 7. Insurance. Grantee shall at all times keep and maintain a policy of combined single limit bodily injury and property damage insurance insuring Grantor and Grantee against liability arising out of the use of, or the conduct of any activities on or about, the City Open Space Areas by Grantee, its officers, agents, employees, contractors, servants, licensees, invitees or permittees. Such insurance shall be a combined single limit policy for personal and bodily injury and property damage in an amount not less than $5,000,000 per occurrence. The policy shall be primary and non-contributing with any insurance maintained by Grantor. The policy shall insure performance by Grantee of its indemnity obligations under this Agreement, but the limits of such policy shall not limit Grantee's indemnity obligations. 8. Assignment. Grantee may assign its rights and delegate its obligations under this Agreement at any time to any authorized successor of Grantee under the OSMMA. 9. Notices. All notices or other communications required or permitted under this Agreement shall be given in writing and shall be personally delivered (including by means of 072906\12762769v4 4 professional messenger service), sent by overnight courier, or sent by registered or certified U.S. mail, postage prepaid return receipt requested to the addresses set forth below. All notices sent by U.S. mail shall be deemed received five (5) days after the date of deposit with the United States Postal Service, and all notices sent by other means permitted herein shall be deemed received on the date delivered. Notice may also be given by electronic mail transmission ("E- Mail") to any party at the respective E-Mail addresses listed below, provided that notice is also concurrently given by one of the other methods authorized above. An E-Mail delivered after 5:00 P.M. Pacific Time on any business day or anytime on the weekend or a legal holiday shall be deemed delivered on the next business day. Either of the parties may change their addresses by providing written notice thereof to the other parties in the manner set forth above without the need to amend this Agreement. To Grantee: BLC Tesoro c/o Newport Pacific Land 100 Bayview Circle, Suite 240 Newport Beach, CA 92660 Attn: John Patterson Telephone: (949) 945-2290 Email: jpatterson@npland.com With a copy to: Cox, Castle & Nicholson LLP 50 California Street, 32nd Floor San Francisco, California 94111 Attn: Clark Morrison Telephone: (415) 262-5113 Email cmorrison@coxcastle.com To Grantor: City of Santa Clarita 23920 Valencia Boulevard, Ste. 300 Santa Clarita, California 91355 Attn: Kenneth W. Striplin Tel: 661-255-4905 Email: kstriplin@santa-clarita.com 10. Miscellaneous Terms. (a) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard for its conflicts of law principles. (b) Entire Agreement. This instrument together with the attached exhibits and any documents referred to herein sets forth the entire agreement of the parties with respect to the Agreement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Agreement. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment signed by both parties. 072906\12762769v4 (c) Captions and Paragraph Headings. Captions and paragraph headings used herein are for convenience only. They are not a part of this Agreement and shall not be used in construing this Agreement. (d) BindingEffect. ffect. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, legal representatives and successors. (e) Drafting. The Parties agree that this Agreement is the project of joint draftsmanship and that should any of the terms be determined by a court, or in any type of quasi- judicial or other proceeding, to be vague, ambiguous and/or unintelligible, that the same sentences, phrases, clauses or other wording or language of any kind shall not be construed against the drafting party in accordance with California Civil Code Section 1654, and that each party to this Agreement waives the effect of such statute. (f) Authorization to Record, Effective Date. Grantee is authorized to record this Agreement in the Official Records of the County of Los Angeles, State of California, and the effective date of the Agreement shall be the date on which it is so recorded. (g) Execution in Counterparts. The parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by all parties; each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. (h) Survival of Indemnities. The indemnification obligations of Grantor and Grantee under this Agreement survive the expiration or other termination of the Agreement for Claims giat aeepde arising from or relating to matters occurring prior to the expiration or other termination of this Agreement. [Signatures on following page] 072906\12762769v4 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first above written. GRANTOR: GRANTEE: CITY OF SANTA CLARITA, BLC TESORO LLC, a California municipal corporation a Delaware limited liability company By. By: — Name: Name: Title: Title: APPROVED AS TO FORM: By: Name: By: Title: Name: Title: City Attorney EXHIBITS: Exhibit A — City Open Space Areas 072906\12762769v4 7 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) SS County of ) On before me, a notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my hand and official seal. Signature (Seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) SS County of ) On before me, a notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my hand and official seal. Signature (Seal) EXHIBIT A CITY OPEN SPACE AREAS