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HomeMy WebLinkAbout2013-06-11 - AGENDA REPORTS - PRJ 83031 ST IMPROV (2)Agenda Item: 6 CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR City Manager Approval: ✓/ rs� Item to be presented by: Curtis Nay DATE: June 11, 2013 SUBJECT: SIERRA HIGHWAY STREET IMPROVEMENTS AND PEDESTRIAN BRIDGE, PROJECT S3031 - AWARD DESIGN CONTRACT DEPARTMENT: Public Works RECOMMENDED ACTION City Council: Award the design contract for the Sierra Highway Street Improvements and Pedestrian Bridge, Project S3031, to Dokken Engineering, in the amount of $259,672; authorize a contingency in the amount of $25,900, for a total contract amount of $285,572. 2. Authorize the City Manager or designee to modify all documents to contract with the next lowest and/or qualified bidder/proposer in the event the awardee is unable to fulfill its obligations or perform, subject to City Attorney final document approval, contingent upon the appropriation of funds by the City Council in the annual budget for such fiscal year. BACKGROUND Master Case 01-038, Tract 53419 Valle di Oro was approved by the Planning Commission on June 19, 2001. The project's Conditions of Approval required the installation of street improvements along portions of Sierra Highway and at the intersection of Sierra Highway and Golden Valley Road. The street improvements include the installation of a right -turn pocket on southbound Sierra Highway, bus stop with shelter, landscaped median, sidewalk, signing and striping, signal modification, and a pedestrian bridge over Sierra Highway. On August 23, 2011, City Council authorized the City Manager to enter into an agreement with the project developer allowing for the acceptance of in -lieu fees, for the offsite street Riffloo YED improvements for Tract 53419. Subsequently, an agreement between the City of Santa Clarita (City) and developer was executed on November 11, 2011 (see attached). This agreement was amended on August 8, 2012 (see attached), allowing payment of the in -lieu fees to be paid in two installments. To date, the City has received the first installment of $200,000. The remaining $1,427,000 is due prior to the developer receiving the 25th building permit or 24 months from the date of the first installment being paid, whichever comes first. In the event the developer does not pay the second installment within the 24 month time frame, the City has the right to terminate the agreement, which will result in a forfeiture of the first installment by the developer. The developer paid the first installment on August 31, 2012. The $200,000 received by the developer is being combined with $200,000 paid to the City by D.R. Horton, as part of Tract 48892 (located at the northeast corner of Sierra Highway and Golden Valley Road) as their fair share contribution for the pedestrian bridge construction. These funds will be used to fund the design phase of the project. City staff has been in contact with the developer, and they anticipate paying the second installment of $1,427,000 in August 2013, which will provide the remaining funding needed for the construction of the project. Design Teom Selection Process On March 11, 2013, a Request for Proposal was sent to seven civil engineering design firms with extensive experience on similar projects. Four of the firms prepared and submitted proposals to the City for consideration. City staff reviewed the proposals and interviewed all four firms: MNS Engineers, Inc., Dokken Engineering, KOA Corporation, and Tetra Tech, Inc. During the interviews, each firm was given an opportunity to present their team and expertise and demonstrate their understanding of the project and their understanding of City requirements. In addition to the presentations, the firms were asked to answer six questions as part of the interview. City staff also conducted follow-up meetings with all the consultants to ensure they fully understood the project scope, and they were asked to present the City with a preliminary construction cost estimate. The following presents a summary of the civil engineering firm's costs and ratings. Ranking Company Location Overall Cost Score 1 Dokken Engineering Folsom, CA $259,672 94 2 Tetra Tech, Inc. Irvine, CA $212,340 81 3 KOA Corporation Orange, CA $168,972 80 4 MNS Engineers Westlake Village, CA $361,019 78 The overall ratings take into consideration both the proposal and interviews. Based on the City's evaluation process, staff recommends Dokken Engineering as the top -qualified civil engineering design firm for the completion of the civil engineering, Caltrans permit processing, and landscape architecture design. This segment of Sierra Highway is Caltrans right-of-way, and therefore, Caltrans permits are needed for both the street improvements and pedestrian bridge. Dokken Engineering's rating is a reflection of their experience with similar projects within Caltrans right-of-way. This project is unique because pre -fabricated steel truss bridges are uncommon within Caltrans right-of-way. The approval process can be difficult and lengthy without an expert with a thorough understanding of the Caltrans process. Dokken Engineering has successfully obtained permits for several similar projects throughout the state including the pedestrian bridge over Magic Mountain Parkway. In addition to their experience, Dokken Engineering executed a tremendous amount of due diligence in preparation of their proposal, which included a preliminary investigation of the project site, and presented items to complete the design process in an expedited manner. Dokken Engineering has hired Pacific Coast Land Design, Inc., for all the landscape architectural design. The firm has experience designing City landscaping projects including several medians and is responsible for the standard landscaping design plans used by the City's Special Districts division. The contingency amount requested will cover the cost of unforeseen additional engineering studies, environmental studies, and/or plans as part of working with Caltrans to obtain an encroachment permit for the proposed work. Caltrans will require this project to go through their review process, and this increases the complexity of the engineering design. California Government Code 4526 prescribes selection of architectural and engineering services to be based on demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required and does not authorize the selection of professional architectural and engineering services based on cost. The City was able to reach an agreement with Dokken Engineering, at a fair and reasonable price. ALTERNATIVE ACTIONS Other action as determined by the City Council. FISCAL IMPACT Developer funds in the amount of $400,000 have been budgeted into expenditure account S3031306-5161.001. Expenditures to date are $3,686. The remaining balance of $396,314 will adequately provide for award of the contract in the amount not to exceed $285,572. The residual amount of $110,742 will be used for administrative costs and any unspent balance will be used during the construction phase of this project. ATTACHMENTS In -Lieu Fee Agreement 2011 In -Lieu Fee Agreement Amendment 2012 Project Location Map Dokken Engineering Design Contract available in the City Clerk's Reading File Dokken Work Statement (Bidder's Response) available in the City Clerk's Reading File Dokken Proposed Fee Breakdown Table available in the City Clerk's Reading File Dokken Proposed Fee Summary Table available in the City Clerk's Reading File 3 Cps,-l-rac,�- 1�u,vvll�e,�' OFF-SITE IMPROVEMENTS AGREEMENT MASTER CASE 01-038 / TRACT 53419 Valle Di Oro Project Santa Clarita, California Sr � This Agreement ("Agreement") is made and entered into this day of ,,,-,G� � 2011 by and between the City of Santa Clarita (".City") and Trimark Pacific — Valle Di Oro, LLC, a California limited liability company ("Developer") by the Receiver for real to the Order property, David D. Wald, solely in his capacity as Receiver ("Receiver"), p Appointing Receiver ("Receivership Order") issued in Bank of the West, a California Banking corporation v. Trimark Pacific — Valle Di Oro, LLC, et al., Los Angeles County Superior Court Case No. PC045569 ("Receivership Case"). City and Receiver are collectively referred to hereinafter,as the "Parties". RECITALS . This Agreement is made and entered into on the basis of the facts and understandings of the Parties as set forth in these recitals: A. Developer is the. owner of certain real property described as Tract 53419 located in the City of Santa Clarita, west of Rainbow Glen Drive, north of Golden Valley Road and immediately adjacent to and west of Sierra Highway and commonly known as the Valle Di Oro Project, and more particularly described in the legal description attached as Exhibit "A" ("Property"). B. City is a municipality located within Los Angeles County, more specifically within the Santa Clarita Valley. C. Bank of the West, a California Banking corporation, ("Bank") has provided funding to Developer and Receiver for the benefit of the Project. D. On June, 19, 2001, the City of Santa Clarita Planning Commission approved the Valle Di Oro project ("Project"), pursuant to City Planning Commission Resolution No. PO 1-10 ("City Project Approval"), attached hereto as Exhibit "B". The City Project Approval permits development of the 21.15 -acre site with 111 condominium units, an open space lot, and a recreation lot, among other improvements. A total of 23 units have been constructed on the Property to -date, along with necessary common area and related infrastructure. E. The City Project Approval, Conditions No. TR2, EN 43, EN 67, No. EN 74, EN75 TF4, and TF 9, require the Developer to construct various off-site improvements, including but not limited to installation of a right -tum pocket on southbound Sierra Highway, a bus stop with shelter, a landscaped median, sidewalk, signage and striping, traffic signal modifications and a pedestrian bridge over Sierra Highway, (collectively "Off -Site Improvements") in conjunction with and as required for the full development of the Project. 12 Those Off -Site Improvements are generally described on the Tract 53419 Sierra Highway Street Improvements Cost Estimate attached hereto as Exhibit "C". Construction of the Off -Site Improvements requires approvals and permits from both the City and the California Department of Transportation ("Caltrans"). F. The Receiver has requested the City to assume the responsibility for obtaining the approval, design and permits for and to construct any and all Off -Site Improvements required by the Project Approval. In return, the Receiver agrees that the New Developer (as defined below) of the Project will provide funding to the City, as more particularly described below, for the costs associated with the design, approval, permitting and construction of the Off -Site Public Improvements ("In -Lieu Fee"). G. City wishes to control the approvals, permitting and construction of the Off -Site Improvements as it would guarantee implementation of this desired improvement in a timely manner. H. On August 23, 2011 the Santa Clarita City Council approved the acceptance of In - Lieu Fees for the Off -Site Improvements required by the City for the Project and authorized the City Manager or designee to enter into an agreement with Receiver to accept an In -Lieu Fee not to exceed the amount of one million six hundred twenty-seven thousand dollars ($1,627,000.00) for the Off -Site Improvements in full satisfaction of the Developer's requirement to construct any and all Off -Site Improvements in connection with the development and build -out of the Project. In the event that the In -Lieu Fee is not deposited with the City on or before June 30, 2012, then the City may make adjustments to the amount of the In -Lieu Fee to reflect changes to the cost to construct the Off -Site Improvements as reasonably estimated in good faith, as of the date of determination. NOW, THEREFORE, in consideration of the mutual promises contained herein, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties hereby agree as follows: Recitals. The recitals set forth above are true in all respects. 2. Developer Obligations. 2.1 The term "New Developer" shall mean either: (a) the buyer purchasing the Property from Receiver, or at a foreclosure sale, or from Bank after Bank acquires the Property at a foreclosure sale (any one of which being a "Property Sale"); or, (b) the Developer, in the event that Receiver transfers possession of the Property back to Developer ("Transfer of Possession"). Within thirty (30) days of the date of the close of escrow of a Property Sale or a Transfer of Possession, as a condition of this Agreement New Developer will deposit with the City good funds in the amount of one million six hundred twenty-seven thousand dollars ($1,627,000.00), as adjusted pursuant to recital H herein, as the In -Lieu Fee for the design, approval, permitting and construction of the Off -Site Improvements. Receiver acknowledges and agrees that no additional building permits for new condos can be issued for the Project until the In -Lieu Fee is paid to the City, The Receiver (or Bank as applicable) shall give written notice to City of the Property Sale or Transfer of Possession within five business (5) days of the occurrence of either event. If the In -Lieu Fee is not paid to City within thirty (30) days of the Property Sale or Transfer of Possession, then City may terminate this Agreement if the In -Lieu Fee is not paid to City within forty five (45) days after written notice to New Developer. In the event that this Agreement is terminated for failure to pay the In -Lieu Fee to City, then New Developer shall be responsible for completion of all Off -Site Improvements. 3. City Obligations. 3.1 The New Developer's payment of the In -Lieu Fee will be deemed by the City to constitute the full satisfaction of and compliance with the City Project Approval requirement for the construction of off -Site Improvements and that the City agrees that the City will not condition or restrict the issuance of Project building permits or certificates of occupancy based on noncompliance with the City Project Approval requirements to construct Off -Site Improvements. 3.2 The City will use the In -Lieu Fee provided by New Developer to design, approve, permit and construct the Off -Site Improvements, and the City will use its best efforts to accomplish the same in a timely manner. 3.3 Within thirty (30) days after New Developer's payment of the In -Lieu Fee to the City, the City will release any payment and performance bonds, letters of credit or other. security then posted with the City to secure the completion of and payment for the design, approval, permitting and construction of the Off -Site improvements ("Off -Site Improvement Bonds"). The City will not require the New Developer to subsequently replace any such Off -Site Improvement Bonds. 4. Miscellaneous Provisions. 4.1 Amendments. No provision of this Agreement may be amended or added to except by an agreement in writing signed by the Parties or their respective successors in interest and permitted assigns of the Parties. 4.2 Successors and Assigns. Each and all of the terms, covenants, and agreements contained herein shall bind and inure to the benefit of the successors in interest and permitted assigns of the Parties to this Agreement. 4.3 Assignment. The Parties shall not assign or otherwise transfer their respective rights and obligations hereunder without the prior written consent of the other Party, which consent shall not be unreasonably withheld. Notwithstanding the above, this Agreement shall be automatically assigned to any New Developer who acquires the Property. 4.4 No Recourse. Receiver is acting only as an agent of the Receivership Court and is not acting as a principal herein. Receiver and Receiver's agents shall not bear any personal liability under this Agreement, in any manner, and shall not be individually named as a party in any action, petition or proceeding of any nature, notwithstanding the intent or substance of Section 568 of the California Code of Civil Procedure. Any action by a party in contravention to this Paragraph shall entitle Receiver and his counsel, upon motion in such proceeding(s), to z indemnification and a complete and full dismissal from said action or proceeding, and to indemnification and award of reasonable professional fees and costs (in accordance with their then current hourly fee schedules) incurred by Receiver and his counsel to obtain said dismissal. The obligations of Receiver under this Agreement shall be without recourse to the assets of any partner, officer, investor, shareholder, director, unitholder or employee of Receiver. 4.5 Power to Execute. The Parties and each of their signatories hereto warrant that each has the fall power and authority to execute this Agreement, and each of the parties to this Agreement declares that they have voluntarily executed this Agreement based on their own independent investigations. Receiver specifically warrants that, pursuant to the rights granted to the Receiver in the Receivership Case, he has the right, power and authority to enter into and to perform this Agreement pursuant to the Receivership Order. 4.6 Interpretation. The language of this Agreement shall be construed according to its fair meaning and not strictly for or against Receiver or City, pursuant to the laws of the State of California. 4.7 Waiver. The waiver by the Parties of any term, covenant, agreement, or condition contained herein shall not be deemed to be a waiver of such term, covenant, agreement, or condition on any subsequent breach of the same or any other term, covenant, agreement, or condition contained herein. 4.8 Notices. Notices desired or required to be given by this Agreement, or by any law now or hereinafter in effect, shall be given by personal delivery, or by enclosing the notice in a sealed envelope with postage prepaid, certified or registered mail, return receipt requested, with the United States Postal Service. Any such notice and the envelope containing the same shall be addressed to Receiver as follows: David Wald, State Court Receiver 775 Wildomar Street Pacific Palisades, CA 90272 (310) 230-3400 or such other place as may hereinafter be designated in writing by Receiver. The notices and envelopes containing the same shall be addressed to the City as follows: City of Santa Clarita 23920 Valencia Boulevard, Suite 300 Santa Clarita, CA 91355 Attention: Robert Newman, Director of Public Works The notices and envelopes containing the same shall be addressed to a New Developer at the address that such New Developer delivers to the City. 3 I Receipt of notice under this paragraph shall be conclusively presumed to have occurred on the earliest of: (a) The date of personal delivery to a party or to a party's agent or employee at such party's place of business, or to a resident over 18 years of age at such party's residence. (b) The date of delivery shown upon the United States Postal Services return receipt for certified or registered mail. (c) Ten days after deposit of notice to the address stipulated in this paragraph, sent by first class mail with the United States Postal Service, provided prior or concurrent notice by personal delivery or prepaid certified or registered mail, return receipt requested, with the United States Postal Service, has been attempted but delivery has been refused or the notice otherwise returned without delivery. 4.9 Governing Law. This Agreement shall be construed and enforced in accordance with the substantive laws of the State of California, without reference to choice of law rules. Venue shall be in the Los Angeles County Superior Court with jurisdiction over the Receivership Case. 4.10 Computation of Time. In computing any period of time under this Agreement, where the last day would fall on a Saturday, Sunday, or federal or California state holiday, the period shall run until 5:00 p.m. Pacific Time on the next working day. 4.11 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which, taken together, shall constitute one and the same instrument. 4.12 Cooperation. The Parties agree to execute and deliver such further documents and to perform such fti Cher acts as may be reasonable and necessary to carry out the provisions of this Agreement or to effectuate its intent. 4.13 Joint Drafting and Negotiation/Legal Counsel. This Agreement has been jointly negotiated and drafted. The language of this Agreement shall be construed as a whole according to its fair meaning and without regard to or aid of Civil Code Section 1654 and similar judicial rules of construction. Each Party has been advised in connection herewith by counsel of its own choosing. 4.14 No Third Party Beneficiaries. Except for New Developer and Bank, no third party shall be entitled to claim or enforce any rights provided in this Agreement. 4.15 Severability. In the event that any provision of this Agreement is determined by a court to be invalid, the court shall reform the provision in a manner that is both consistent with the intent of the Parties and legally valid. The remainder of this Agreement shall not be affected thereby. I 4.16 Entire Agreement. This Agreement is the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements between the Parties with respect thereto. 4.17 Survival. Each and all of the representations, warranties, covenants, and agreements in this Agreement shall survive the execution and delivery of this Agreement. 4.18 Term. This Agreement shall terminate if no New Developer has paid the In -Lieu Fee within three (3) years from the date the City signs this agreement, unless extended in writing by the City. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the Effective Date first written above. "DEVELOPER" Trimark Pacific — Valle Di Oro, LLC a California Uwj�*ility company 0 Los Angc Case No. "CITY" pproved as to r City of Santa Clarity By: - (Arty Attorney/ Name: 1��iGt ��i�� •'t Its: /I.. CITY CL RK DATE� M ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) SS COUNTY OF Lcr-, 6 oeia(fS.,14) On U before me, .w�-N ���'� Notary Public, �_,,; a who roved to me on the basis of personally appearedtea,. � l�Jald P satisfactory evidence to be the person($) whose name($) is/are subscribed to the within instrument and acknowledged to me that he/sha4hey executed the same in his/her heir authorized capacity(ies), and that by his/her heir signature(4 on the instrument the person(.&&), or the entity upon behalf of which the persona) 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. [Seal] (Sign e) STATE OF CALIFORNIA SS COUNTY OF ) STEPHANIE N. MORELAND Commission # 1851104 a -a Notary Public - California z Los Angeles County Mv Comm. EK Iree May 25, 2013 On , before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the persons) 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 Califomia that the foregoing paragraph is true and correct. Witness my hand and official seal. [Seal] ------------- (Signature) El 601561573J2 Exhibit "A" Legal Description m LEGAL DESCRIPTION PARCEL A: (Phase 2, Units I through 20, inclusive) PARCEL]; AN UNDIVIDED 20/20TH INTEREST IN AND TO COMMON AREA CA -2, BEING A PORTION OF MODULE 2, AS SHOWN ON THAT CERTAIN SUPERSEDING CONDOMINIUM PLANS VALLE. DI ORO ESTATES UNITS 1 THROUGH III IN LOTS 1, 2 AND 3 OF TRACT NO. 53419 RECORDED APRIL 22, 2008, AS INSTRUMENT NO. 2008-0699956, OFFICIAL RECORDS, IN THE OFFICE OF THE LOS ANGELES COUNTY RECORDER THE "CONDOMINIUM PLAN", OF TRACT 53419, IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1308 PAGES 75 THROUGH 83 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM, A ONE-HALF (1/2) INTEREST IN AND TO ALL MINERALS IN, ON AND UNDER SAID PROPERLY, TOGETHER WITH THE RIGHT TO ENTER UPON SAID LAND FOR THE PURPOSE OF DEVELOPING, PRODUCING, TRANSPORTING AND DISPOSING OF ANY MINERALS THAT MAY BE DEVELOPED IN, ON, OR UNDER SAID LAND, ALSO THE RIGHT TO ERECT AND MAINTAIN ANY IMPROVEMENTS THEREON THAT MAY BE NECESSARY TO CARRYING OUT THE ABOVE PROVISIONS, AS GRANTED BY DEED RECORDED'.. OCTOBER 3, 1924 AS INSTRUMENT NO. 822 IN BOOK 4206, PAGE 287, OF OFFICIAL RECORDS (AS TO PORTION OF THE PROPERTY) ALSO EXCEPT THEREFROM ONE-HALF OF THE OIL, GAS AND MINERAL RIGHTS, AND THE RIGHT OF INGRESS AND EGRESS FOR THE PURPOSE OF PROSPECTING FOR AND DEVELOPING THE SAME, AS RESERVED IN THE DEED RECORDED SEPTEMBER 21, 1946 AS INSTRUMENT NO. 304 IN BOOK 23743, PAGE 207, OF OFFICIAL RECORDS, ALSO EXCEPTING THEREFROM, ONE-HALF (1/2) OF THE OIL, GAS AND MINERAL RIGHTS LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF SAID LAND, BUT WITHOUT RIGHT OF SURFACE ENTRY UPON SAID LAND, AS RESERVED IN THE DEED RECORDED JUNE 15, 1962 AS INSTRUMENT NO'S. 3386 THROUGH 3392, INCLUSIVE, OFFICIAL RECORDS (AS TO A PORTION OF THE PROPERTY). PARCEL2 UNITS I THROUGH 20, INCLUSIVE, AS SHOWN AND DEFINED ON THE CONDOMINIUM PLAN ABOVE MENTIONED. PARCEL3: AN EXCLUSIVE USE EASEMENT FOR DRIVEWAY PURPOSES TO BE APPURTENANT TO PARCELS l AND 2 ABOVE, IN AND TO THOSE PORTIONS OF THE COMMON AREA CONSISTING OF THE "D", IF ANY, THAT HAS THE SAME NUMBER AS THE UNIT NUMBER STATED IN PARCEL 2 ABOVE, AS SHOWN AND DEFINED ON THE CONDOMINIUM PLAN, PARCEL4 AN EXCLUSIVE USE EASEMENT FOR YARD AREA PURPOSES TO BE APPURTENANT TO PARCELS 1 AND 2 ABOVE, IN AND TO THOSE PORTIONS OF THE COMMON AREA CONSISTING OF THE "Y", IF ANY, THAT HAS THE SAME NUMBER AS THE UNIT NUMBER STATED IN PARCEL 2 ABOVE, AS SHOWN AND DEFINED ON THE CONDOMINIUM PLAN, PARCEL B: (Phase 3, Units 64 through 73, inclusive) PARCEL]: AN UNDIVIDED 10/10TH INTEREST IN AND TO COMMON AREA CA -3, BEING A PORTION OF MODULE 3, AS SHOWN ON THAT CERTAIN SUPERSEDING CONDOMINIUM PLANS VALLE Di ORO ESTATES UMTS I THROUGH 111 IN LOTS 1, 2 AND 3 OF TRACT NO. 53419 RECORDED APRIL 22, 2008, AS INSTRUMENT NO, 2008-0699956, OFFICIAL RECORDS, IN THE OFFICE OF THE LOS ANGELES COUNTY RECORDER THE "CONDOMINIUM PLAN", OF TRACT 53419, IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1308 PAGES 75 THROUGH 83 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM, A ONE-HALF (1/2) INTEREST IN AND TO ALL MINERALS IN, ON AND UNDER SAID PROPERLY, TOGETHER WITH THE RIGHT TO ENTER UPON SAID LAND FOR THE PURPOSE OF DEVELOPING, PRODUCING, TRANSPORTING AND DISPOSING OF ANY MINERALS THAT MAY BE DEVELOPED IN, ON, OR UNDER SAID LAND, ALSO THE RIGHT TO ERECT AND MAINTAIN ANY IMPROVEMENTS THEREON THAT MAY BE NECESSARY TO CARRYING OUT THE ABOVEPROVISIONS, AS GRANTED BY DEED RECORDED OCTOBER 3, 1924 AS INSTRUMENT NO. 822 IN BOOK 4206, PAGE 287, OF OFFICIAL RECORDS (AS TO PORTION OF THE PROPERTY) ALSO EXCEPT THEREFROM ONE-HALF OF THE OIL, GAS AND MINERAL RIGHTS, AND THE RIGHT OF INGRESS AND EGRESS FOR THE PURPOSE OF PROSPECTING FOR AND DEVELOPING THE SAME, AS RESERVED IN THE DEED RECORDED SEPTEMBER 21, 1946 AS INSTRUMENT NO. 304 IN BOOK 23743, PAGE 207, OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM, ONE-HALF (1/2) OF THE OIL, GAS AND MINERAL RIGHTS LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF SAID LAND, BUT WITHOUT RIGHT OF SURFACE ENTRY UPON SAID LAND, AS RESERVED IN THE DEED RECORDED JUNE 15, 1962 AS INSTRUMENT NO'S. 3386 THROUGH 3392, INCLUSIVE, OFFICIAL RECORDS (AS TO A PORTION OF THE PROPERTY). PARCEL 2: UNITS 64 THROUGH 73, INCLUSIVE, AS SHOWN AND DEFINED ON THE CONDOMINIUM PLAN. 15 1�? PARCEL3: AN EXCLUSIVE USE EASEMENT FOR DRIVEWAY PURPOSES TO BE APPURTENANT TO PARCELS 1 AND 2 ABOVE, IN AND TO THOSE PORTIONS OF THE COMMON AREA CONSISTING OF THE "D", IF ANY, THAT HAS THE SAME NUMBER AS THE UNIT NUMBER STATED IN PARCEL 2 ABOVE, AS SHOWN AND DEFINED ON THE CONDOMINIUM PLAN, PARCEL 4: AN EXCLUSIVE USE EASEMENT FOR YARD AREA PURPOSES TO BE APPURTENANT TO PARCELS 1 AND 2 ABOVE, IN AND TO THOSE PORTIONS OF THE COMMON AREA CONSISTING OF THE "Y", IF ANY, THAT HAS THE SAME NUMBER AS THE UNIT NUMBER STATED IN PARCEL 2 ABOVE, AS SHOWN AND DEFINED ON THE CONDOMINIUM PLAN, PARCEL C: (Phase 4, Units 21 through 34, Inclusive) PARCELI: AN UNDIVIDED 14/14TH INTEREST IN AND TO COMMON AREA CA -4, BEING A PORTION OF MODULE 4, AS SHOWN ON THAT CERTAIN SUPERSEDING CONDOMINIUM PLANS VALLE DI ORO ESTATES UNITS 1 THROUGH 111 IN LOTS 1, 2 AND 3 OF TRACT NO. 53419 RECORDED APRIL, 22, 2008, AS INSTRUMENT NO. 2008-0699956.OFFICIAL RECORDS, IN THE OFFICE OF THE LOS ANGELES COUNTY RECORDER THE "CONDOMINIUM PLAN', OF TRACT 53419, IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1308 PAGES 75 THROUGH 83 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM, A ONE-HALF (1/2) INTEREST IN AND TO ALL MINERALS IN, ON AND UNDER SAID PROPERLY, TOGETHER WITH THE RIGHT TO ENTER UPON SAID LAND FOR THE PURPOSE OF DEVELOPING, PRODUCING, TRANSPORTING AND DISPOSING OF ANY MINERALS THAT MAY BE DEVELOPED IN, ON, OR UNDER SAID LAND, ALSO THE RIGHT TO ERECT AND MAINTAIN ANY IMPROVEMENTS THEREON THAT MAY BE NECESSARY TO CARRYING OUT THE ABOVE PROVISIONS, AS GRANTED BY DEED RECORDED OCTOBER 3, 1924 AS INSTRUMENT NO. 822 IN BOOK 4206, PAGE 287, OF OFFICIAL RECORDS (AS TO PORTION OF THE PROPERTY) ALSO EXCEPT THEREFROM ONE-HALF OF THE OIL, GAS AND MINERAL RIGHTS, AND THE RIGHT OF INGRESS AND EGRESS FOR THE PURPOSE OF PROSPECTING FOR AND DEVELOPING THE SAME, AS RESERVED IN THE DEED RECORDED SEPTEMBER 21, 1946 AS INSTRUMENT NO. 304 IN BOOK 23743, PAGE 207, OF OFFICIAL RECORDS. ALSO EXCEPTING "THEREFROM, ONE-HALF (1/2) OF THE OIL, GAS AND MINERAL RIGHTS LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF SAID LAND, BUT WITHOUT RIGHT OF SURFACE ENTRY UPON SAID LAND, AS RESERVED IN THE DEED RECORDED JUNE 15, 1962 AS INSTRUMENT NO'S. 3386 THROUGH 3392 INCLUSIVE, OFFICIAL RECORDS (AS TO A PORTION OF THE PROPERTY). PARCEL 2: UNITS 21 THROUGH 34, INCLUSIVE, AS SHOWN AND DEFINED ON THE CONDOMINIUM PLAN. PARCEL 3 AN EXCLUSIVE USE EASEMENT FOR DRIVEWAY PURPOSES TO BE APPURTENANT TO PARCELS I AND 2 ABOVE, IN AND TO THOSE PORTIONS OF THE COMMON AREA CONSISTING OF THE "D", IF ANY, THAT HAS THE SAME NUMBER AS T14E UNIT NUMBER STATED IN PARCEL 2 ABOVE, AS SHOWN AND DEFINED ON THE CONDOMINIUM PLAN, PARCEL 4: AN EXCLUSIVE USE EASEMENT FOR YARD AREA PURPOSES TO BE APPURTENANT TO PARCELS I AND 2 ABOVE, IN AND TO THOSE PORTIONS OF THE COMMON AREA CONSISTING OF THE "Y", IF ANY, THAT HAS THE SAME NUMBER AS THE UNIT NUMBER STATED IN PARCEL 2 ABOVE, AS SHOWN AND DEFINED ON THE CONDOMINIUM PLAN, PARCEL D: (Phase 5, Units 35 through 41, inclusive, and Units 57 through 63, inclusive) PARCEL 1: AN UNDIVIDED 14/14TH INTEREST IN AND TO COMMON AREA CA -5, BEING A PORTION OF MODULE 5, AS SHOWN ON THAT CERTAIN SUPERSEDING CONDOMINIUM PLANS VALLE DI ORO ESTATES UNITS 1 THROUGH 111 IN LOTS 1, 2 AND 3 OF TRACT NO. 53419 RECORDED APRIL 22, 2008, AS INSTRUMENT NO, 2008-0699956, OFFICIAL RECORDS, IN THE OFFICE OF THE LOS ANGELES COUNTY RECORDER THE "CONDOMINIUM PLAN", OF TRACT 53419, IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1308 PAGES 75 THROUGH 83 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM, A ONE-HALF (1/2) INTEREST IN AND TO ALL MINERALS IN, ON AND UNDER SAID PROPERLY, TOGETHER WITH THE RIGHT TO ENTER UPON SAID LAND FOR THE PURPOSE OF DEVELOPING, PRODUCING, TRANSPORTING AND DISPOSING OF ANY MINERALS THAT MAY BE DEVELOPED IN, ON, OR UNDER SAID LAND, ALSO THE RIGHT TO ERECT AND MAINTAIN ANY IMPROVEMENTS THEREON THAT MAY BE NECESSARY TO CARRYING OUT THE ABOVE PROVISIONS, AS GRANTED BY DEED RECORDED OCTOBER 3, 1924 AS INSTRUMENT NO, 822 IN BOOK 4206, PAGE 287, OF OFFICIAL RECORDS (AS TO PORTION OF TIM PROPERTY) ALSO EXCEPT THEREFROM ONE-HALF OF THE OIL, GAS AND MINERAL RIGHTS, AND THE RIGHT OF INGRESS AND EGRESS FOR THE PURPOSE OF PROSPECTING FOR AND DEVELOPING THE SAME, AS RESERVED IN THE DEED RECORDED SEPTEMBER 21, 1946 AS INSTRUMENT NO. 3G4 IN BOOK 23743, PAGE 207, OF OFFICIAL RECORDS. in ALSO EXCEPTING THEREFROM, ONE-HALF (1/2) OF THE OIL, GAS AND MINERAL RIGHTS LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF SAID LAND, BUT WITHOUT RIGHT OF SURFACE ENTRY UPON SAID LAND, AS RESERVED IN THE DEED RECORDED JUNE 15, I962 AS INSTRUMENT NO'S. 3386 THROUGH 3392, INCLUSIVE, OFFICIAL RECORDS (AS TO A PORTION OF THE PROPERTY). PARCEL 2: UNITS 35 THROUGH 41, INCLUSIVE, AND UNITS 57 THROUGH 63, INCLUSIVE, AS SHOWN AND DEFINED ON THE CONDOMINIUM PLAN. PARCEL3: AN EXCLUSIVE USE EASEMENT FOR DRIVEWAY PURPOSES TO BE APPURTENANT TO PARCELS I AND 2 ABOVE, IN AND TO THOSE PORTIONS OF THE COMMON AREA CONSISTTNG OF THE "D", IF ANY, THAT HAS THE SAME NUMBER AS THE UNIT NUMBER STATED IN PARCEL 2 ABOVE, AS SHOWN AND DEFINED ON THE CONDOMINIUM PLAN, PARCEL4: AN EXCLUSIVE USE EASEMENT FOR YARD AREA PURPOSES TO BE APPURTENANT TO PARCELS 1 AND 2 ABOVE, IN AND TO. THOSE PORTIONS OF THE COMMON AREA CONSISTING OF THE "Y", 1F ANY, THAT HAS THE SAME NUMBER AS THE UNIT NUMBER STATED IN PARCEL 2 ABOVE, AS SHOWN AND DEFINED ON THE CONDOMINIUM PLAN, PARCEL E: (Phase 6, Units 42 through 56, inclusive) PARCEL]: AN UNDIVIDED 15/15TH INTEREST IN AND TO COMMON AREA CA -6, BEING A PORTION OF MODULE 6, AS SHOWN ON THAT CERTAIN SUPERSEDING CONDOMINIUM PLANS VALLE DI ORO ESTATES UNITS 1 THROUGH Ill IN LOTS 1, 2 AND 3 OF TRACT NO. 53419 RECORDED APRIL 22, 2008, AS INSTRUMENT NO. 2008-0699956, OFFICIAL RECORDS, IN THE OFFICE OF THE LOS ANGELES COUNTY RECORDER THE "CONDOMINIUM PLAN", OF TRACT 53419, IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNL4, AS PER MAP RECORDED IN BOOK 1308 PAGES 75 THROUGH 83 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM, A ONE-HALF (1/2) INTEREST IN AND TO ALL MINERALS IN, ON AND UNDER SAID PROPERLY, TOGETHER WITH THE RIGHT TO ENTER UPON SAID LAND FOR THE PURPOSE OF DEVELOPING, PRODUCING, TRANSPORTINO AND DISPOSING OF ANY MINERALS THAT MAY BE DEVELOPED IN, ON, OR UNDER SAID LAND, ALSO THE RIGHT TO ERECT AND MAINTAIN ANY IMPROVEMENTS THEREON THAT MAY BE NECESSARY TO CARRYING OUT THE ABOVE PROVISIONS, AS GRANTED BY DEED RECORDED OCTOBER 3, 1924 AS INSTRUMENT NO. 822 IN BOOK 4206, PAGE 287, OF OFFICIAL RECORDS (AS TO PORTION OF THE PROPERTY) ALSO EXCEPT THEREFROM ONE-HALF OF THE OIL, GAS AND MINERAL RIGHTS, AND THE RIGHT OF INGRESS AND EGRESS FOR THE PURPOSE OF PROSPECTING FOR AND DEVELOPING THE SAME, AS RESERVED IN THE DEED RECORDED SEPTEMBER 21, 1946 AS INSTRUMENT NO. 304 IN BOOK 23743, PAGE 207, OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM, ONE-HALF (1/2) OF THE OIL, GAS AND MINERAL RIGHTS LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF SAID LAND, BUT WITHOUT RIGHT OF SURFACE ENTRY UPON SAID LAND, AS RESERVED IN THE DEED RECORDED JUNE 15, 1962 AS INSTRUMENT NO'S. 3386 THROUGH 3392, INCLUSIVE, OFFICIAL RECORDS (AS TO A PORTION OF THE PROPERTY). PARCEL 2: UNITS 42 THROUGH 56, INCLUSIVE, AS SHOWN AND DEFINED ON THE CONDOMINIUM PLAN, PARCEL3: AN EXCLUSIVE USE EASEMENT FOR DRIVEWAY PURPOSES TO BE APPURTENANT TO PARCELS 1 AND 2 ABOVE, IN AND TO THOSE PORTIONS OF THE COMMON AREA.. CONSISTING OF THE "D", 1F ANY, THAT HAS THE SAME NUMBER AS THE UNIT NUMBER STATED IN PARCEL 2 ABOVE, AS SHOWN AND DEFINED ON THE CONDOMINIUM PLAN, PARCEL 4: AN EXCLUSIVE USE EASEMENT FOR YARD AREA PURPOSES TO BE APPURTENANT TO PARCELS 1 AND 2 ABOVE, IN AND TO THOSE PORTIONS OF THE COMMON AREA CONSISTING OF THE "Y", IF ANY, THAT HAS THE SAME NUMBER AS THE UNIT NUMBER STATED IN PARCEL 2 ABOVE, AS SHOWN AND DEFINED ON THE CONDOMINIUM PLAN, PARCEL F: (Phase 7, Units 90 through 96, inclusive, and Units 104 through 111, inclusive) PARCEL L• AN UNDIVIDED 15/15TH INTEREST IN AND TO COMMON AREA CA -7, BEING A PORTION OF MODULE 7, AS SHOWN ON THAT CERTAIN SUPERSEDING CONDOMINIUM PLANS VALLE DI ORO ESTATES UNITS 1 THROUGH 111 IN LOTS I, 2 AND 3 OF TRACT NO. 53419 RECORDED APRIL 22, 2008, AS INSTRUMENT NO. 2008-0699956, OFFICIAL RECORDS, IN THE OFFICE OF THE LOS ANGELES COUNTY RECORDER THE "CONDOMINIUM PLAN", OF TRACT 53419, IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1308 PAGES 75 THROUGH 83 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. N' 11 EXCEPT THEREFROM, A ONE-HALF (1/2) INTEREST IN AND TO ALL MINERALS IN, ON AND UNDER SAID PROPERLY, TOGETHER WITH THE RIGHT TO ENTER UPON SAID LAND FOR THE PURPOSE OF DEVELOPING, PRODUCING, TRANSPORTING AND DISPOSING OF ANY MINERALS THAT MAY BE DEVELOPED IN, ON, OR UNDER SAID LAND, ALSO THE RIGHT TO ERECT AND MAINTAIN ANY IMPROVEMENTS THEREON THAT MAY BE NECESSARY TO CARRYING OUT THE ABOVE PROVISIONS, AS GRANTED BY DEED RECORDED OCTOBER 3, 1924 AS INSTRUMENT NO. 822 IN BOOK 4206, PAGE 287, OF OFFICIAL RECORDS (AS TO PORTION OF THE PROPERTY) ALSO EXCEPT THEREFROM ONE-HALF OF THE OIL, GAS AND MINERAL RIGHTS, AND THE RIGHT OF INGRESS AND EGRESS FOR THE PURPOSE OF PROSPECTING FOR AND DEVELOPING THE SAME, AS RESERVED IN THE DEED RECORDED SEPTEMBER 21, 1946 AS INSTRUMENT NO. 304 IN BOOK 23743, PAGE 207 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM, ONE-HALF (1/2) OF THE OIL, GAS AND MINERAL RIGHTS LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF SAID LAND, BUT WITHOUT RIGHT OF SURFACE ENTRY UPON SAID LAND, AS RESERVED IN THE DEED RECORDED JUNE 15, 1962 AS INSTRUMENT NO'S. 3386 THROUGH 3392, INCLUSIVE, OFFICIAL RECORDS (AS TO A PORTION OF THE PROPERTY). PARCEL 2: UNITS 90 THROUGH 96, INCLUSIVE, AND UNITS 104 THROUGH 11, INCLUSIVE, AS SHOWN AND DEFINED ON THE CONDOMINIUM PLAN, PARCEL 3: AN EXCLUSIVE USE EASEMENT FOR DRIVEWAY PURPOSES TO BE APPURTENANT TO PARCELS 1 AND 2 ABOVE, IN AND TO THOSE PORTIONS OF THE COMMON AREA CONSISTING OF THE "D", IF ANY, THAT HAS THE SAME NUMBER AS THE UNIT NUMBER STATED IN PARCEL 2 ABOVE, AS SHOWN AND DEFINED ON THE CONDOMINIUM PLAN, PARCEL 4: AN EXCLUSIVE USE EASEMENT FOR YARD AREA PURPOSES TO BE APPURTENANT TO PARCELS I AND 2 ABOVE, IN AND TO THOSE PORTIONS OF THE COMMON AREA CONSISTING OF THE "Y", IF ANY, T14AT HAS THE SAME NUMBER AS THE UNIT NUMBER STATED IN PARCEL 2 ABOVE, AS SHOWN AND DEFINED ON THE CONDOMINIUM PLAN, PARCEL G: (Association Property) LOTS 4 AND 5 OF TRACT NO. 53419, IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1308 PAGES 75 THROUGH 83 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. END OF LEGAL DESCRIPTION Ir2 Exhibit "B" City Project Approval �iq RESOLUTION NO. P01-10 A RESOLUTION OF THE PLANNING COMMISSION OF TEE CITY OF SANTA " CLARITA APPROVING MASTER CASE NO. 01-038 (CONDITIONAL USE PERMIT 01-001, HD LSIDE REVIEW 01003, OAK TREE PERMIT 01.005, TENTATIVE TRACT MAP 63419 AND.A.MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR THE.DMLOPMENT OF'111-MULTI FAMILY UNITS LOCATED ON SIERRA HIGHWAY, SOUTHWEST OF RAINBOW GLEN DRIVE, AND NORTHEAST OF TIM FUTURE GOLDEN VALLEY ROAD IN THE CITY OF. SANTA CLARITA THE PLANNING COMMISSION OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS FOLLOWS: SECTION Lr FINDINGS OF FACT The Planning Commission -does hereby make the following -findings of fact: r..:..; a. On February 5, 2000 an entitlement was filed by Golden Valley Estates, LLC, (the "applicant") with the Planning & Building Services Department and was deemed 'complete on Mardh 8; 2001 which -included the. following requests: a conditional use permit -to implemeAt the PD (Planned Development) Overlay tone for now de'veropment; to alloWtto import 74,000 cubic yards of earth from.. VTTM 48892,, and' aIlow the de'volopnient to be, gated; a billside review for development on a property kth an'aVerage cross slope of greater then 10%; an Oil: Tree Permit to 'remove' three %bak treee] and a Tentative Tract Map application for 111 multi -family units. ' b. The site. is'located west of Rainbow'Glen Drive, north of Golden Valley Road and immediately adjacent and West of Sierra Highway.. The Assessor's Parcel Numbers for theparcols that'comprise'the 21.15 -acre project site are 2836-029- 033,034,035,036 &,0404 ahA2836013-096. c. The surrounding land uses includes vacant land, multi -family residential to the north, vacant land with'an appr8ved VTTM 48892 (160 dingle family homes) to the south; -multi -family residential to the east, and vacant land and a single family residence to the -west of the; proposed project site. d, The City of Santa Clarita Development Review Committee met and supplied the applicant with draft'6nditiona of approval. e. The project proposes the extension of all utility services to the project site. f. • - The Planning Commibsiod conducted a site tour of the site on June 19, 2001. g. The Planning Commission held a duly noticed public hearing on this issue on June 19; 200.1. This public hearing was held at 1:00 p.m. at City Hall, 23920 Valencia'B'oulevard, Santa Clarita. h. Public participation and notification requirements pursuant to Sections 65090, 66391, and 65864 of the Government Code of the State of California were duly followed. i. At the hearing described above, the Planning CommiWon considered staff and 2d JteeOW104POJ•Jo Mader Case 0].088 Page 8 afs ebnsultant preseatationsi staff reports, applicant presentations, public testimony on the proposal, and the Mitigated Negative DecI&Won prepared fol -the project. SECTION 2. Based upon; the testimony and other evidence recsived at the hearing, and upon the study and investigation made by the Planning Commission and on its behalf, the Commission further finds as follows: a. The City's General Plan designation for the site is RM (Residential Moderate) and CC (Community Commercial). The project site is zoned RM (Residential Moderate), RMPD (Residential Moderate Planned Development), and CCPD (Community Commercial Planned Development). With this approval, the project site and proposal is consistent with the City's General Plan and Unified Development Code, b. Tbis .proposal iri the manner set forth, will not,pnreasonably interfere with the free:and compl t erarciae og oiWp�!blic enh,'ty. PF d/9r public utility, rightrof--way, and/or :easements, .Weitbim the ,aoufigurAtiwtof. the ,lota,, nor the type of improvements wW,confl4oirwlthipublic easemORto fopaccess through the use of the property, since the design and, development, as set forth in the conditions of approval, provide adequate pwcte¢tieu for, easements and the construction of public improvements, a, This use will not adversely affect.the health, peace, comfort, or welfare of persons worlditg in, theOrrounding-aresi norrbermatarially,detri;nsutal to the use, enjoyment or valuation of property of,oiher persons located in the vicinity of the subject property, nor jeopardiza;gridanger or.otherwise constitute a menace to the public health, safety or general welfare since this project conforms to the standards of the'zoning ordinance and is compatiblawith surrounding land uses. The .subdivision and ponstruation. of .111 .dwelling. units, is not expected to negatively impact surrounding properOss, because .theuses and zoning designations of the aurrowndigg areaq is realde0al. SECTIOAT.8. tJALIItORNIA 01, - QUALM ACT TINDINGS The Planning Commission has reviewed and gogsidered,the Initial Study prepared for the project and finds and determines as follows: a. An Initial Study and a Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act (CEQA) for this project; and, b. The Initial Study has, been circulated, for review and comment by affected governmental agencies and the public, and all comments received, if any, have been considered. The public review period was from May 18, 2001 to June 19, 2 421 Regolullom POZ•ZO hfaeter Cage OZ -088 Page 8 ofa 2001; and c. Said study found that as a result of the proposed mitigation measures, no adverse impact to ties existing and future environmental resources of the area would result from ties project, The proposed Mitigated Negative Declaration was posted and advertised on May 18, 2001, in accordance with CEQA; and d. The Mitigated Negative Declaration reflects the independent judgment of the City. of Santa Clarita; and e. i he -Mai ri g Conm 66n, bsased upon the findings set forth above, hereby finds the Mitigated lllegative`Declaratidh for'this proj'e`ct to'have been prepared in compU'anee with bk4A. SECTION 4. CONDITIONAJ USE PERMIT FINDINGS In. making its determination regarding 'ihe coiidifaoniil use peimit applicatib n, the PIanning qn ' C(immisgi&' has considered certain prince les'a*d eiandards (Sedtion 17.03.040E We 1- 4); and Anda and determines ag'follows.; a. That, the folloyvii , :proposed! l6cati6ulsr sizes, designs, and operating ohere teristiw of the proposed uses i's -in adcoidance with `the purpose, of the Unified DevelopinaiiVC65e, the purpose at`the zone in whicli the site is located, the Santa;Clarita General Plan, and the development policies and standard's of the ' ,� 1.. That all new con'stivctrott (incliidinp flee proposed 111 units) in the PD (Planned Development) Overlay'musf'apply and obtain approval for a conditional use permit. The pioject"s' iie and design is in accordance with the RM land use/zoning designations of 11 units per acre (project u. tr' site is 6 dwelling $nitspezt',AcreJ;'li irldtig requirements of 56 guest spaces (project sees innai'ats of 9�ispad'es)l'An'd piiyat0' street widths that are designed to public standards, The opeiaiing clY&cteristics of the project site such as the landscapinF, and maintenance of the buildings exterior architecture will be mefntamed°by a H'omeowner's Association. 2. That gating'of the project site. requires an approved conditional use permit to ensure that the gate does not block area -wide through routes of block.stcses'for`rdadtvay's to sero future'developiZent; design and implementation does nbt'pose a thieat to public health, safety or welfare; access shall be piovided at all time for police, fire, city inspection, dial -a - ride, utility, aril other' health and safety-related vehicles; a homeowners association shall provide on-going, private maintenance of internal street `s; gate equipment; wall and landscaping; and that there is adequate Rasa[attoa POLIO Maetar Coss 07.0$8 Page 6 of 8 stacking and turnaround areas. The proposed gate will serve only the 111 units and does not block any area -wide through routes or block access for any future developments. The operating characteristics, location and design specifications will be consistent with adjacent residential neighborhoods gate on Rainbow Clea thiye and will be approved by the City's Engineer and too Angeles County Fire Department, S. That the importation of 74,000 cubic ydrds of earth to the project site from the VTTM 48892 site requires conditional use permit approval to ensure compliance with the grading ordinance. Prior., to hauling the earth the applicagt will .be required toeutmu� 'a detN4 route location and ans operating schedule per Caltraad'G±tys startdaida. p, M-desiR,�, e= deeigg anal opgra$haracteristica,of the pmpcsed multi ld 5'ii` -de iR ato 1iecompat ar with ttie ,oft hent multi family th@,psa oundedb .raAidenjaal development and fore, this pi gleet tiVill {ie aompaii�%wlth and will not adversely affect or be materially detrimental to aid scent uses, buildings and structures, or natural resources, becaus@,theproposed development is consistent with the g„ a qi character ane deaiga of the ' ' , Pomp a4acent residantial developments wi the community wih consideieti 0itibeii to; 1. Harmony in scale, bulli, coverage,'and density; The proposed development is consistent with the general character and ilesigii of the existing adjacent residential developments within the community. The proposed dwellings are s611ar in density and aroliitepture to other dwellings in the . }mme�iate vicinity: , 2, The pro rjsal nclu les extend}ng e i. utilities in the immediate area, tlierafo're, the aviylability o utilities and facilities, services and utilities ,. , YgQula not he impa. ei3;. S. Thg hgrm£ul effect,,if aay,, on desirable neighborhood character; The proposed development would be consistent with the existing adjacent multi -fan -Ay neighborhood character. 4. 'Pith the inclusion of contour gi ading, mitigating all project related drainage impacts, replan •ting, new 24" box oak trees on site, and coinplyirig with all other mitigation measures and conditions of approval of the project elie,, it, would maga the site suitable for the type and intensity of use or,development which is proposed, therefore, the subject site meets all the'development standard's established in the City s Unified Development Code, Z"OkAum pol•30 Mashy Cats 01.038 Page 8 of 5. The harmful effect, if any, upon eiiyironmental quality and natural resource's; A Mitigated Negadbe Deordration and'coaditions of approval were prepared for'tius project to reduce the p$tential harmful effects of this project to a level of less than significant. d. That the proposed project site location is consistenE'with the characteristics of the adjacent rbsidenti;al neighborhood and does nofconllfct with the surrounding uses or conflict' with the existing surrounding strii6i: es that are similar in use o and builduig sizer.aad1he cQnditiobs duder which 'it would be operated or A., maintau ed'will` nit No dd$rizoentAl.'$o the`publie' health, safety or welfare of matoriell� iitjiirAs to piopeitissof improdefnents in' the vicinity because the proposed multi family community is designed to be consistent with the existing multi fHm3ly communities. The'propb'sed gating'of the development; building heights' of $5"b'r less as i'similar b'mldutg'architecture`is'c61<i'Sistent with the surrounding multi -family uses. d: That the'prop&id itib t ill•oomply with' diax4f time applicable provisions of the'.-. YilliEibd IYevbiopme¢tL}bde 'fkcept'fDfFe i dppiove$4'enance or adjustment. SECTION 5"•tSIDE REVIEW FINDIN(33 In makingats determination regarding the hillside re -he'* applicanon, the PiR- i' -ng Comm-I&SUn has coiikddred certain principles and standards, and finds 4Section 17.80.010) and determines as follows: a. To piovidBhflli "ode eloptnent`st mdeic e'iv'm a the positive irhpgck uf'aite design, grading, landscape architecture, and provide development consistent with tli'g' go'ala a0d'p'oRcliss of the *.Of ;Santa Cl'arita's eveue'rsl plan. That tiii•ough contour grading, -building shall bs utilized where such " jacauigiid's - can be.. demonstrated' to snb'stsntially reduce grading, alt'e-ratioiis of the terrain alid"t0 contribute tb the'ptgsdivation of trees, 'Sth'er natural'vegetation, and prominent• landmark features that are ' comp"atible"with existing tieight)oihoods:' ' '' 1° b. To provide riageline preservation and'develbpmeht standards to protect certain ridges within the City and minimize the adverse'hn i ict of development. The overall design of the proposed development; to be compatible with the existing residential community, including building setbacks, building heights,.compatiblq structures, ,gnd.buildjng forms would serve to blend buildirigs:aud:structurds'with the''terrai:i through tt a use of contour grading n ... 5 Z4 R=1UHan P01.10 Mavtar Cave 01.058 Page 0 of 8 To maintain the essential natural characteristics of the area such as major landforms, vegetation and wildlife communities, hydrologic features, scenic qualities and open space that contribute to a sense of place. The applicant is proposing to install native vegetation throughout the project site and that plant materials are conserved in the areas that are not impacted, including the proposed open space areas, and plant ma�ari'a1 is introduced in the areas that are proposed to be graded and developed, so as to protect slopes from slippage andaoil erosion and to mi *.=ze,vieltal e%cts of gradimg and co"ction,on hillside area, Wcfuding We cpnsWration of,?ie.prese;eti von.of prominent trees, d. To retain the integrity; of pro ommant off-site and on-site views in hillside areae i)D, order ip maintp}?j the identity i ago and envlmgmen a},quality of the City. That portions of the proposed development may be visible from various units of the existing adjacegt rpsidenti$1'.developments and that the proposed develop msnt is,deaigued ip, be coAe si.@nt will} the design of the community, and through the use of coatour grading and immediately reveg.tpting. tl�e new -manufactured .elopes: there will be minimal dtaruptioR to the eRistin0 adjacent residential developments. SECTION 6. OAK T1tt PERMIT FIId) iNGS Based upon the foregoing facts and findings (Secdop 17,17.,09MRS)t thp,Pity 9,ouncil llerelay,Agc}e,as followa; a. T6 applicant has provided an. oak tree report44.:khe project. The general purpose and intent of the City's Oak Tree !'reservation Ordinance is to preserve oalt, trees, yet allow for their removgl in certain instances where it is necessary to erFaple,re¢soneblq ppe of.ttie pubject property V,4ich would otherwise be prepented by the presence of the trees and no reasonable alternative can be accomrOt}ated .dup.,tq. the,nnique phygical llevelopment constraints on the property. The' appliesia:reggesting pprm#pi9p to remove 3 oak trees for remedial grading and building pads. The approval of the request will not be contrary to or in conflict with tha general puTpose,and intent of the Oak.Tree Preserva#,pa..Ordinanes,; The, proposed,mitigatton for oak tree impacts is consistent with the provisions of the City's Oak Tree Preservation Ordinance. The mitigation require& the applicant to replant approximately $8,600.00 of 24 inch box oak trees on site. TENTATIVE TRACT gp—TG . Based upon the foregoing facts SECTION 7 : and findings (lection Y7.03.0300 i'e 1-6) for Tentative Traci Map 63419, the planning Commission hereby determines as follows: &eaolutlon PO1.10 Mortar Cara 01.088 Page 70/8 a. The project's overall design, including lot configuration complies with all of the related requirements of the UDC and the City's General Plan as it relates to land use, circulation, safety, community design and public services. b. Due to the fact that a majority of the site is bounded by existing residential developments and residentially zoned vacant land, and utilizes contour grading, the site is pliYS jgally suitable for the proposed development. C. The site is pbysically suitable £oi the proposed density of development as it is well below the maximum required and willbe designed to be consistent with the existing development in the area, d. The design of the subdivision or type of improveine�tg is npt liltely to cause substantial environmental damage or substantially sad'`dvAabljinl a fish and/or wildlife species or their habitat(s) due to the fact that the proposal is designed to oumplement the surrounding natural enviror�rnent, and although no migration corridors or sensitive species or habitat liave beers i4pilti4ga on t1Ye project site, the development will comply with "4;?! the 4pplicdb1e' City s requirements. e. "'I%e design of.the'subdfvf6iM-and type ofimproJnikts are"nbt'li'kely to carpe serious health problems; as'%1 pi6posafwi'll'ektend tike existffig finptoveii buts hi'the arba,''ofAplfu3entb thf surl'Simding,ehvifLnment and eidAt g s'tiucih% s. £ T4e de¢ig{l of the eu6divisipn or type of h pr qv will not conflict with easenierits, acquired by the publi at Isrge, fob access dlrough of use of, prbpeity within the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED, by the j?lanning Commission• of the City of Santa Clarita, California, as follows: j" N' a. Adopt the b�-:.tigated Negative Declaration prepared for the project per the Calfioruia Eric iionlni ental 4i'ality Act, as referenced herein. b. Approve Master Case 01-038 which includes: Conditional Use Permit 01-001 to implement the Planned Development Overlay for new development,, to allow to import 74,000 cubic yard of earth to the project site, and to* 'allow'the prdjeot to be gated, Hillside Review 01-003 for development on a property with an average cross slope of greater than 10o, Oak Tree Permit 01-005 to remove three oak trees, and Tentative Tract Map 53419 to subdivide 21.15 acres into a total offive (5) lots consisting of three residential lots (111 multi -family units), an open space lot, and a recreational facility lot subject to the conditions of approval as referenced herein known as Exhibit A. 2 (0 Rewiu(iaa P01.10 uwfer Daae 01.098 Page 8 Ufa PASSED, APPROVED, AND �— pgNNINQ COYMSSION ATTEST;, ' l ii E �- �. VINCENT P. BI$RTOIgi SECRETAXY, AANpVtf` CONIbIISSION STA7'E'„bF�CQT.Ik'O obbigW F CITY OF BANTA OLARJVA ) I,,Vinoant P. Berbapi, Planning CornnU On Secretary of the City of Santa Clarita, do hereby certify that the foregoilliResolution was duly adopted by the Planning Commission of the City of Santa Barite, at a, reguler.meetailg tliereot, held oil the 19th day of June, 2001 by tie following vote of the Plakuung Comm'i'ssion: AYES: C0=118SIONE S H6RG1 R, WkoE T, 65' CM,' PAkkIS, WIIusM NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ' ) �: PLANNING CONIMI SIO L RE1p3i CnaenU200La9419/pQesolatioa , 0 2�. Exhibit "A" Resolution P02-10 Master Case 01-036 Tentative Tract Map 53419 Conditional Use Permit 01-001 Hillside Review 01-003. Oak Tree Permit 01-005 CONDITIONS OFAPPROVAL General Conditions GC1. The approval of Tentative Tract Map 53419�shall expire two years from the date of conditional approval unless modified with an approved development agteement. GC2. The subdivider may file for an extension of the conditionally approved lftgprior to the date of expiration'for a period of time not to exceed one year. If such an extension is requested, it must be filed no later than 60 days prior to expiration. Subsequent extensions may be requested end codld'be granted as provided by law or as provided toi i1v an approved development agreement GCS. The applicant shall be responsible, for notifying the Director- of -Planning and Building Services in writing of any change in ownership, designation of a new engineer, or change in thEi status of the developer; within 30 days of said change. GC4'r ' Unless -otherwise apparent from the contest, the term "applicant' shall include the applicant 'and 'any other•perkW* i cotporaticAii or -other entity making -use of this grant. jt.. The applicantshall defend; iridembify; andhold'h'arml'ess the City Of Santa'Clarita,,its agents;.'officers, and employees from any claim' actions or prodeedmg against the City or itslagents; offieers or,ernployeee to attaok, set aside, void; of =annul the approval of this Subdivision by the City, which action is provided for in Government Code Section 66499.37. In. the event the City becomes aware of any such claim, action, or proceeding, the City, shall promptly notify the applicant, or if the City fails to cooperate fully in the defense, -the applicant shall at thereafter be responsible: to d'efe td, indemnify, or hold harmless the 'Cityi � Nothing contained in this Condition prohibits the City from participating in the defense,bf any`clainirLActi'on, or proceeding,' if both the following Do=:. 1) The City bears its oft attorney's fees and costs; and, 2) the City defends the action in good faith. The applicant shall not be required to pay or perform any settlement unless the settlement is approved by the applicant. GC5. Details shown on Tentative Tract Map 53419 are not necessarily approved: Any details which are inconsist6'nt with •the requirements of ordinances, general conditions of approval, or City policies and not modified by this permit must be specifically approved. GC6. At any point in the developmentprocess, a stop -work order shall be considered in effect upon the discovery of any historic or prehistoric artifacts and/or remains, at which time the City shall be notified. The applicant shall hire a qualified consultant that the City approves to study the site and recommend a course of action, to the satisfaction of the M Resolution POI -10 MC 01=098 — Conditions of Approval Page 2 of 21 City. GC7. In lieu of establishing the final specific locations of structures on each lot at this time, the owner, at the time.of issuance of building permits, agrees to develop the property in conformance with the City Code, approved variances, and other appropriate ordinances, including but not limited to the Building -Code, Plumbing Code, Grading Ordinance, Highway Permit Ordinance, Mechanical Code, Zoning Ordinance, Oak Tree Ordinance, Undergrounding of Utilities 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 in accordance with vested rights as provided for in. the GovernpeSt Code. . GCB. A grading permit shell be requirpd for say and all grading to occur for the purpose of this project, GC9. This grant shall not be effective for any pwpose until the permittee and the owner of the property involved (if,other than the perwq#tpe) bave.fiie4 with the 1) recto of Planning and Building Services, their affidavit stating that they are aware of, and agree to accept,. all of the. conditions otthis grant. • . GC10. The Sanitation Districts are empowered by the California Health and safety. Code to charge a fee for the privilege of connecting to the Sanitation Districts' Sewerage System or increasing the existing -strength and/or quantity ofwastewater attributable to a particulai pargel or. operaAcA-.aJxgady, coana,.*.d, A'ponnectimb fee is ,required to construct an incremental. expaneionp9f Ahe V4ower.ap. System: to accommodate the proposed projeot.that wijl mitigat6;the impact of this project on the present Sewerage System. Payment of a connection f1paw11J1 also be required before a permit to connect to the sewer is issued. GC11. Individual developments asgociated wit4* proposed project may require a Districts' permit.for Industrial Wastewater Discharge: Project developers should contact the Sanitatiorj Districts' Indl4strial Waate Section in cTdep to react} a determination on this matter. If this permit is 4ecessary, project developers shall forward a copy of final plans for proposed dapelopment(s) to the Districts .#br review .and. approval prior to the issuance of building permits. GC12. The applicant shall accept the Storm Drainage Fee established by the City of Santa Clarita required by Government Code.Sedtion 68018 and City Ordinance No. 94-7, establishingatorm drainage activity of the City as a utility enterprise. GC19. The applicant shall provide a disclosure statement on the title report of each residential property informing allfuture homeowners of all (mown geological hazards. 1 2q Resolution POI -10 MC O1-038 — Conditions of Approval Page 3 of 21 Planning Division 'General Planning Qonditions 'PLI. All Final Maps.ah'all be developed in substantial conformance with Tentative Tract Map 53419 approved by the City Council. PL2. It is hereby declared and made a condition of this permit that if any condition hereof is violated, or if any law,' statute, or ordinance is violated, the City may corm ience proceed iiigs to r -evoke this approval. PL3. All requirements of,the Zoning Ordinance and of the specific zoning of the subject property'shall be complied with unless set forth in the permit andlor shfth on the tentative map. PL4. All mitigation measures and conditions of approval for the project shall be complied with to the satisihction of Director 0: ' Planning and Building Services. PL5. Plot plans for the residential units shall be submitted, reviewed, and approved by the Director of Plantiiiig'and 'buildiiig Services pnot to the iseuadpe ot'liuildi'�ig {iermits. PL6. The applicant shall be required to pay the Library Fee e'stablish'ed by the City Council' by saparate'resoluti'oh'for each residential unit. PL7. The permanent reservation bf all commonly -owned areas is required': Such reservation shall be accomplished through the establishment of a homeowner's association. PLS. Final colored elevations of the residential units shall be reviawed and iipj roved by the Director of Planning'aud Building Services prior to issuance of a building pe;mit. PL9. M signje is approved at' this time. The applicant sli i& obtain Platinieg'Division approval for any signage proposed for the project prior to its p1a6enueiit on the buildingsJproparty. ... . Design-Reldted Conditions PL10. Street sections shall be consistent with the approved site plan. PLil, The project site's slopes along Sierra MghWay shall be landscaping to the satisfaction 6f the Director gtPlannitg and Building Services and the Direct or'of Parks, Recreation and Community. Services. ' PL12. The applicant shall comply cdith residential 'setback requirements for the proposed residences. PLI3. Retaining walls in the back of the pad on a lot shall be a maximum of eight feet in �,N Resolution POI -10 MC 01-038 — Conditions of Approval Page 4 of 21 height. Retaining walls in the side yard of a lot shall be a maximum of six feet in height. If greater height is desired, two, four -foot walls may be used with planters in between the walls to soften the effect within a minimum horizontal spacing of three feet. Adjacent to any right-of-way, retaining walls shall be a maximum of six feet high or a total of eight feet if two, four foot walls are used in combination with a minimum horizontal spacing Qf five feet, PLI4. 'Structures throu&hoµt the project sha41 be limited to a maximum of Win height. Any future proposal(s) for building exceeding Win height shall be subject to the approval of a conditional use permit. PlL16. As jocation of the, fire flow check valve, Edison transformers and other types of objects that can be seen from the street shall be indicated on the plot plan. Planning approval is required for the location and screening of these objects. PL16. "ch unit shall provide a two car garage, having a minimum of interior dimension of 20'x20'. Pt17. All'Qxterior light shall be directed downward to the satisfaction of the Director of Aanning'ead Wuilding Services. PL16. All common -area slopes shall be hydroseeded and landapsped immediately following grading and maintained by the applicant until a landscape maintenance/homeowner s asyociation has been, organized,.and assumes reapgnsibility. : PL18. All commonly owned areas shall be recorded as such and shall be maintained by the projecro Homeowner, Association. PL19. The applicant shall provide security fencing and gating along the eastern and northern boundgrias of the projegt site to the satisfaction of the Director of Planning and Building Services. PL20. The applicant shall provide a landscaped berm, walls, or decorative guard rails along the Sierra highway frontage to the satisfaction of the Director of Planning and Building Services to protect the project site from vehicle accidents. Grading & Landscaping Conditions PL21. lTo excavation or other earth disturbance shall be permitted o{i any hillside area prior to the issuanee of a grading permit, with the exception of drill Boles and exploratory trenches for the collection of geologic and soil data. These trenches are to be properly backfilled and, in addition, erosion treatment shall be provided where slopes exceed 20 percent. PL22. Disclosure information identifying transition lot data shall be recorded within the title reports) for affected properties, A property whose grading plan identifies a cut and fill d 31 Resolution POI -10 MC O1-038 — Conditions of Approval Page 6 of 21 daylight line that travels through the ,building pad area, and properties where a transition lot has been over -excavated torelocate a cut and fill, daylight line, are both considered "affected properties ° The data to be'recorded shall consist of text identifying the parcel as a transitionlot, and a map identifying the location of the existing cut and fill daylight line, or the prior location acid relooafed out onfill a6,Aght brie, whichever is appropriate. PL23. A preliminary landscape play fot all parts of the development must be submitted and approved by the Director of Planning and Building Services in order to ensure that the developgent will be complementary to and compatible with the uses in the surrounding area prior tg issuezie of a grarlmg pe}m}i PL24. Landscape coverage and stabiliaatiori of gcaded'sl6pes shall be selected ani designed to be cpmpa#ble with surrounding natural yegeta4gn. Plant material shall be seiected acmrd%ng.ta compatible cilmatFra pWl.an pcoTpg"jcel characteristics ofthe region. ti City- approve4 iixigg4gn rsystem ghiall"be utilized ti" ,Pant establiq�liment . t plant materials asrassive wafer'after becoming ep.Awix 6h sh4be. avoided.: Native plant materials or compaume, non-nauve puuw u+aw++a+� r�� ��-��•��• :.. "r'"•, ; • r ° 8.ted' wltl 811 Pigs. All Cut, �rtld fill ,glq'p�s over 6 gertita�l foe e�all be plenteij;arid iiiig; autbaatic irrigation system to prevent erosion. All cut of fill sl'ope's eaceediug, five feet vertical height shall be planted with adequate plant material to profect the slope against erosion. Planting shall be in the ratio of at least one shrub per 100 square feet of natural elope area and one tree per 150 square feet of ac�tua7'"10' a area, viitli ground cover,tolcompletrely cover the sloe within six months from,plsnting.,Ajl pleats shall l p drought resistant and shrubs shall l3aa minimym oxle,g6llo�il3ize ,5rnlgss.hydroseeded. Slopes lass tharr.fjve feet in.l}eigl�talkbe; planted,wit groynd'coyer to cover the slopes completely within six months of planting. Oak Ti-ee'Cnnditiona " '.. H7... PtM. Th'6"App716ahti6"p'etmitted to r6mbve Oto tfi, 6e (3)live-oak tree. within the grading area; tree numbers 1, 7, and 8. Mitigation for these trees is'td replant new 24 inch oak trees,within the .projeat site equal to th} . dpliar value of the removed,tlrees of $8,600. The new oak,trees shell be,pI.sP , d in areae with. fpvorabla grpwi. g conditions of native oaks, and shall be approved by City Arborist; :i. • i! .. PL27; An initigation'measures outlined inihe'applicants Oak Tree Report and Mitigated Negative Declaratiori ahall be follbwed Wdudiag the following condition$'fi Drri the City of Santa Clarita. YL28. Prior to approval. of the grading plan, the appligant shall f6hre,all oak treds'to remain within two -hundred (2001'feei of the grading limits' with chain link fencing in strict nc accordae with the City of Santa Clarita Oak Tree Preservation and Protection Guidelines. The proposed fencing configuration and the fencing installation shall be subject to the review and approval of the City Oak Tree Specialist.. The fencing shall IN 32 Resolution POS -10 MC o1-038 — Conditions of Approval Page 6 of 21 remain in place until construction ie complete and written authorization is obtained from the Director of Planning and Building $4vices to remove it. PL29. No cbnstructibn materials, debris, or vehicles shall be stored within the protected zone Of say oak tree at any time. PL30. No irrigation shall be installed within the dripline of any oak tree that is preserved on the site. PLS 1. The natural oak leaf litter shall be preserved beneath all oak trees to remain on the site. Where deemed necessary by the City Oak Tree Specialist, the leaf litter shall be supplemented with organic mulch to a total depth of three (S) inches. PL32. Prior to first occupancy, the applicant's Oak Tree 6ecialist shall provide written certification, describing all acti�iile6 arid.'initigatif n r}ieAsizres'i-gl&tin� t!o t��e! trees on I.ibe'site, and wiieer said;atrv,iiea wars ls¢t�icrnied iii'acCdidance with the above conditions. 'The cg tifieation 9 stibjett to file P ddb and•s�iproi al'd die City. r• PL33. The applicant shall provide for on-site oak tree monitoring of newly planted mitigation oak ttees for a five Vy ai `period, tto'the satiaaetibn of the D66tor of Planding & Building r Ssrvibes. Buildine and 9afdty Dxviei on BS1. A sdila aiid �ddlcogy'{gpdrt Vbill blf'r64uired'for thb pi'ojeet: Tliiee'ddts of the veal emenshall ne be fdrma'ily submitted tb the Engineering Department for review.dnd appiro copy aub2oAted to the Building end Sdfety along with Rill eonstrurkion plane at the time of application for building perwits, .1 B82. Prior to issuance of building permits a rough grading and/or recompaction must be completed; a final compaction report and rough grading certification eliall be submitted to and approved by the Enginegri g D,igjsicn; and a copy of the final compaction report shall be reviewed'by Building an dafety. BS3. All structures shall comply with the 1997 Uhiforih Building Code, the 1998 California Code and -W6 1999, city aiffendifientd to'the building' codes. A copy of the city amendments is available at the Building and Safety public counter. BS4. The project, shall fully comply with the disabled access regWrgments pert California Building Code for multi -family residential projects. See Chapter 1 BS6. Additional clearances, prior to the issuance of any building permits, shall be required from; Plait Schddl District, Castile Lake Water Agency, acid LA County sanitation District. An agency referral lid is svaileb'le at the Biulding and Safety public counter. BS6. required at the,time fin 9Field App ovalldins Permits' and � District fees will be Resolution POI -10 MC O1-038— Conditions of Approval Page 7 of 21 B87. All structures shall be setback from any ascending and descending slopes per section 1806.6. All walkways adjacent to 2:1 descending slopes over 30" high shall have guardrails, BSB. The property is located witirin.lOQQ, feet of a natural hillside brush axes and shall comply; with the Fire Hkzara Zone regulations. See handout for requirements. B$9. At the time of application for a btlildip'g.permit, please submit two complete sets of constructibn documents (including strut tilral snd' energy calculations, soil report, truss drawings and cales, etc. BS10. New State energy code requirements will go into effect as of June 1, 2001. All projects submitted to Building arid Safety after that date will be required to meet riew State mandated energy requirements. BSll;. ,The applican�:;shall be ;required to comply. with applicable Building and Safety requirement,whrlr control ilia short term, mtermittent impacts related to grading and con . Strad tiou: BS12. The applieant shall domply''with all Applicable Cit$ of Santa Clarita noise regulations. . e .0. BS13. Construction hours will be limited Io. the hours of 7. a.m, to 7 p.m., Monday. through Friday,,andbetweer- 8.asp. pAd, 6:p xa.12n-Saturdgys, unless traF volumes, or public safety' issues warrant otherwise (as determined by City, County or:State Officials), No construction on Sundays or legally proclaimed holidays will occur. BS14.'V1ihei•e noi`s'e fmpactb I:0'ia Constrtic 6k activities prdved to unduly'i$terfere Guth "` Adjecnt'roidderlces;'t}iappli6aiit will erect temporary noise barriers ibli'oit trey do not ' ' restrict Acce'sla to AdjfiCen't resrdehhes: - '� . ,"' ' 'Transit Divisfon 'TRl. Applitantshall pay the transitimpact•fees in place at time of building permit issuance. ..... %. 'I'.. . 4lu' TR2, The a,pplicant shall provide a bus stop on Sierra I ighway, far side of the project's entrance: Btis Stop shall includi s. bAs'tinn-out and a stylized bus shelter placed on a 10' by 20' pad'behind the:sidewallt.' ' Pant and Recreation PRl. Prior to the recordation of an applicable final tract map, the applicant will be required to pay an in -lieu fee to fulfill their Parkland Dedication requirement: The fee will be based on theSee structure id'ehtifiea iii the Subdivision Ordinance at the time in -lieu fee is paid. Payment is to be 4"de to the City of Santa Clarita, Parks, Recreation, and Community Seivices Department prior to final map recordation, PR2. Prior to the recordation of an applicable fmal tract map, a homeowner's association (HOA) shall be formed to have responsibility and authority of all slope maintenance, N W Resolution POI -10 MC 01-038—Conditions of Approval Page 8 of 21 , including but not limited to landscaping, irrigation, and trees. PR3. Prior to the recordation of an applicable final tract map, a special landscape maintenance assessment district may be foitned having the i eapbnsibility and authority of alI'maiatbnancs, including but not limited to', slopes; landsctiping, irrigation, street trees, and medians within the City right. -of -way, The Landscape Maintenance District shail be annexed into the Cit; wide m'iijor arterial Landscapd Maintenance District. PR4. With the recordation of an applicable final tract map, the applicant shall provide access to; and egress from, slopes; which are to be maintained by a Landscape Assessment District or HOA by the dedication of easements or other legal means satisfactory to the City Attorney. PRS. Street trees shall be provided to the satisfactigh of the Parks, Recreation, and Coinniunity Services' Department. Use tr66A fr6in the Cities appio' iea ldkst6r Street Tree List, available from the City Arborist. The irrigation and mLiri ance of these trees shall.be per City Ordigance 9,0.16 ,F4c-h,established;xules. and regulatipns relating to the planting,,care, maintenance and removal of trees, shrubs, and any other planting in•publit areas, rights -of -Way and eaaements,:.and relating to certain activities on private ptoperty. The irrigation and rhaintairance, of- these trees shall be per City O'rdinaadd 9046: ' PR6. Proy3de final landscapq. andirrigation plans for review and approval of, the Parks, Recrea4ign, and Com;nupitrvices Depaz mpr�E. Qr to the iset#ance of a grading permit. Drought resistant plant material and' water�i$cjegt irrigation systema should be utilized in the design. PR7. Prior to the issuance of an applicable Certificate of Occupancy, median landscaping improvements shall be made to the medians adjacent to the tract frontage and any additional median Wand improvements required;by the tr$ffic,depart, t to the satisfaction of the Director of Parke, Recreation, and Community Services Department. PR8. Prior to the issuance of an applicable Certificate of Occupancy, the applicant shall be required to provide a revegetation plan for approval by the Director of the Parks, Recreation, and Community Services Department for all dedicated lands, ENI. The, owgag, at the time of issuange of permits or, ot4sr grants of approval agrees to develop the property in accordance with City codes and other appropriate ordinances such so the Building Code,:Plumbing Co,.4% Cradiag Code, Hialkway Permit Ordinance, Mechanical Code, Zoning Qrdinance, Undergrognding of Uti#ties Ordinance, Sanitary Sewer and Industrial Waste Ordinance, Electrical Code and Fire Code, EN2, The applicant shall file a map which must be prepared by or under the direction of a licensed land surveyor or registered civil engineer. The map shall be processed through Resolution POI -10 MC 01-038 — Conditions of Approval Page 9 of 21 ,: the City Engineer prior to being filed with the County Recorder. The applicant shall note all offers of dedication by certificate on the face of the map. EX3. The applicant shU label driveways as "Private Driveway end Fire bane" on the map to the satisfaction of tha Gity Engineer: EN4. 'The applicant shall'provide proof of access prior to final approvalof the map and delineate said access on the map. EN5: 'Th'e applicant shall .quitcla} ..,or .relocate easements runojAg through proposed .. ..c.:.•:, giructures prior to'fiu4-map,�PFgYI EN6. If the subdivider intends to file multiple fmal maps, he musi'inform the Advisory ncy. The boundaries of ths,units for such a map shell be, desi�,L?d,to t4e,ro#sfaotjon of the Ciiy, Engineer, an'i]iQ,Dlrect'or'of Flaniiing and Building Services,_ . . - ENT None Et& ,if this Mp'ahiiss'ofreceirl ile interests appear on'tha mapLthe; applicant s� wl gun it a pzeVi inary guarantee. If said signatures do not appear on the map, a title re1.pODE prVfi ! ] guarantee is needed showing all fee owners and u}tere t holder@., dbIfb0ON1I1ILTbT/iEASE EN9. EN10.The applicant shalI'plaee'st raid lease puipoI.sa only/division of -lana for lease purpose only noted on the final map to the satisfaction of the TranspoFtat}on & Engineering _. 8e'rviceDegai•tni,@nt....c .., ..... .. .. ENll. None E912. The applicant shall place standard condominium/residentfal planned development/ .i..._.. commercial planned develo�i Rit notes op the tidal n}ep to the satisfaction of the . Planrii`iig and Biiildiiig ServsioeDepartment: es , •. , EN13. The applicant shall dedicate on the final map to the City the right to prohibit the coiisiruction o6iiuctures wiihin oppn space/comindh lots. R9AD''IjfQPROVEMI;NTS. : r:• ' • , s 3O Resolution POI -10 MC 01-038 — Conditions of Approval . Page 10 of 21 EN14: None EN16. Applicant's street and grading plane and all construction permitted by such plans shall comply with the requirements of the approved oak tree repo it. EN16. The applicant shall design intersections with a tangent section from'beginniug of curb return" (8CR) to BCR.. EN17, Where applicable, the applicant shall pay fees for signing and striping of streets as determined by the City Engineer or shall prepare signing and striping plans for all multi -lane highways/roadways within or abutting the subdivision to the satisfaction of the City Engineer. EN18.'Ph'esubdivid9i is required to install distribution lines and individual service lines for community antenna television service (CATO for altnew debdfopmedt. A will serve letter shall be provided for such underground utility prior to final map approval. EN19. The applicant shall install mailboxes and poets per City standards.. Secure approval of. U.S. Postal S711, ervice'p 'or to' iAstalktion axil pridt td ise1.uence of building permit. EN20. Ths appfioaiit shall cdataA the City De'paitment'ofVar'ks, Recieatidii and Community Services for street tree location, species, and approved method 41 installation snd irrigation prior to issuance of building permit. is r „ , E1d21. The liCa:it' iahall tint' taht or recq�d eeaetriente wltli$i; Al is fiioposed tb be granted, dedic ted, or offered for d@c�ication for public et'reets or'liig}iways, access rigb6 building restiictiq ,rlglite, or otiier seeeulerite unfit r the iirial'zuap �e t led witli'iiie County "J%ecprde7 lies each easexgent# ere subordivat9d:tb tlie')ropoaed grant or,dedication. 1i°easemente are anted aft date of tentative approval, a sufiordination'must be executed by the easemegt bolder prior to the filing of the final parcel map. Et122. The applidarit shall provide letter(s) of elope easemeut(sY and drainage'acceptance as directed by the City Engineer prior to final map or grading plan approval, whichever is first. EN23. The applicant shall obtain approval of the City Engineer and the City Attorney for proposed homeowners' association maintenance agreements pprior to recordation of the $nal Wisp or phase thereof �he 110k s" 87be respoiisible'for maintenance of slopes, common lots, and drainage facilities not maintained by a public agency. EN24. The applicant shall include a disclosure in the CC&R's to comply with the Geologist's recommendations in the Geology lieport for restrictions on watering, irrigation, and planting, and recommend types of plants. The CC&R's shall be submitted to the City for approval prior to final map approval. The applicant shall reimburse the City for the City Attorney's fees to review the CC&R. 51 Resolution POI -10 MC 01-038 — Conditions of Approval Page 11 of 21 EN25. The subdivider, by agreement with the City Engineer, may guarantee installation of improvements as dete}r='ed by the City Engineer through faithful performance bonds, IetteT.s' of credit' or any other acceptable means, and submitted prior to Snal map approval EN26. The applicant shall' provide vertical ali'gnrhent io the satisfaetlor :of the city Engineer for" Street, Corsa Entrata, and Via'Centrale, and shall be b0ed on a 25 mph design 0. 'speed using Ut'r'ans standards. EN27. The'appYcant shall prbvide &rsight distaiice along extreme slopes or curves to the satisfaction of the'City`Engineer. This requirement shall lie demo prior to final map approval. EN28. The Plan applicant shall design tdifib intersections. of Iocai streets with Ger enal an Efighways to provide a 55 mph sig{it stance from the 16W gtreet: The applicant'shall place aboveground utilities, outside sidewalks, or provide a minimum of fiye.Fest clear path of 'tra"vel along sidewal&a' Dedication and/or 'grading , may be required. The requirements shall be demonstrated pnor to final map approval. EN29. The ap . ieant shalldesign the M- linii� oenterline radius on a local street with an } intersecting street on tl?e concave 9 comply withdesign, speeds per the City of Santa Clarita's "Requirements for Street Plans" and sight &Aanoe per the current Caltrans' requirements.. EN30. This Wn: tatibe map app%ro"val is sul ject to the subdivider's aic&6 itance of`ihe following conditions for acquisition of these easements: s. .The'su- bdiAaer shajl 'cure at the subi-ivider's expense suffid_ieiit titl8 or interet;t in land , to pern.:,mit airy off-eite'improveriierits'tobe made. u, If,MT siubdiinder is.unalile to' acquire; sufficient title'or mtereA'tb'peiznit tfie offsite improvements to be mai3e,�Ae eutidividlir shall aotify the City of tliis'iriabiljty not lase than six months prior to approval of the final map. C. In such` case, the ity mai thereafter acquire sdfficient interest in the land which will permit the off-site improvements to be made' by the subdivitter• d. The subdivider shall pay all of the City's costa,ef acquirlfig'said off-siEe.property interests pursuant to Government Code Section 664'62.5"Siibdidider.,.., ,l'Pq..such costs irrespective of whether the final map is recdided or whether a'rever' o'n bcdufi The cost o£ acquisition may include, but is not limited to, acquisition prices, damages, engineer ng services, expert fees, title examination, appraisal c ists,'accjuieition services, relPcatiqu'essistance services'and payments, legal services and fees mapping services, document preparation, expenses and1or damages as provided under Gode of Civil Procedures Sections 1268.510-.620 and'Cverliead. M Resolution POI -10 MC 01-038 — Conditions of Approval Page 12 of 21 e. The subdivider agrees that the City win have satisfied the one -hundred -and -twenty -day limitation of Government Code Section 66462.5 and the foregoing conditions relating thereto when it files its eminent domain action in superior court within said time period. f. At the time subdivider notifies the City as provided in b. hhe in�ab�� th epis subdivider c6sptable to te shall appraisals, engineeY submihe City in a form a egal land descriptions, plans, pleadings and appraisals, encs eeme specifications,proceedings. other documents deemed necessary by the City to commence its acquisition prose Said documents must be submitted to City for preliminary review and comment at least 36 days prior to subdivider's notice described here in above at b. g. The subdivider agrees to deposit with the City, within five days of request by the City, such sums, of mortis,? as the City estimates to be reggired for the costs of acquisition. The City may require additiopal deposits from time -to -time, ��... h, 1{1ie subdivider shall notseli.� . Iotlpardeliunit slzown an the final map uritil the City lari�,intereei:' has acquired said sufficieRi' i. If the superior court thereafter rules in a final judgment that the City may not acquire said sufficient land interest, 'the subdivider agrees that the City may initiate proceedings ibr reQersion. ib aiie�ge. j. The subdivider shall execute any agreements mutually agreeable brio arto approve the final map as maybe neceeear� Of to assure compliance with the foreg.eg �pn k. Failure by the subdivider to notify the Cit Y, as required by b, here in above, or sinlultaneo .ply submit the required aid approved documents specified in e, here in above, or make the deposits sp'ecif'ied in, €. here. in abo•v'e'shao,, do�_ awf 6' eubdivi eery waiver of the requirements otherwise imposed' upon the City intereats in land pursuant to Section 66462.5. In such event, subdivider shell meet all conditions for installing or constructing off-site improvements notwithstanding Section 66462.5. ' Mal. The applicant aball design . 911 local streets with, the following minimum centerline radiuses. This incfuc�es A Street, Corsa Entrata, and Via Glentrels; 350 feet for pavement width of 40 feet. 266 Peat foi• RWIInt width oQ6 feet. . lO6 %et for pavement width of 34,feet•. ave minimum centerline curve radi which EN32, The applicant efiall design local streets to h. Will prov[de centerline curvee of X00 feet minimum length. Reverein curves need not exceed a radius Bf 1,500 feet '' . edy curve need not esdeed a rediae o�9,06b feet. The length of curve outside of the $CR is used to aatisfy the 100-fdoti minimum requirement. EN33, The central angles of the right -of -wap radius returns shall not differ by more than ten Resolution POI -10 MC 01-038 —Conditions of Approval Page 13 of 21 degrees on local streets. ENpi. Th6 applicant shad jr6vidg standard prop" line 'return radii of 13 feet at all local street intersections, including intersection of local streets with dene'ral Plan Highways, and 27 feet where all General Plan Highways . intersect. ENO. Thi'alipliparit shall construct e` plough wall outside the street right-of-wa when the height of slope is greater than five feet shove the sidewallt ancklie sidewalk is adjacent to the street right-of-way. jr1V56., The, applicant shall cflAetruct d} d�A;- easements for M�ff P4PrOveme4rs iin street drainage or slo*. Such' 494 gililall be dedicated 6-4 dfinal nal map. Offsite . ..14 q: -N ; 1. 1 easements shall be dedicatee{ty-d kpdratba d6cumentp'n-L prior Io final map appr'bival. EN37. The applicant' shall replace d�be abandoned with jptd.'qi]irb, gutter,' and sidewiiltFpri!Br to B`u,Il,dfiij­"6'ccdpancy. shat) pot cop _,stiu�jdr;fe ayawithin25feetup' es$ of any catch basins licAnt a The tpp Oadei 4ceeo EN39. The ap-pilcant shall repair 611Y biblien"br dimaged curb, guttEir, and sideWadk, and refurbish the half section of pavement on streets vnli in or 6 iittirig the subdivision prior to building occupancy. iN40'��* . ;a"p'�O'licant shall I prbvide `arid 'install' street name a I ign - a prior 't6 occupancy. of U�ueq# .. P , P4,neer. �4�) to tl� I qgtisfs4i9p of 4, City on Lal map, E.I. The applicant shall P ca�p vehicular access Tights on Sierra IlighWa7 the main ccpss a imwii§ the Pldnnin� and B except" a e Services Department requires the construction of a wall. In such cas6s,'coftipfete acci?9s rights shall be dedicated, I I . �- : 1.,. :11 EN42. The ap . pliegnt shall oppstruct a wheelchair ramp at all intersections to the satisfaction of the City Engineer. . , EN43. The applicant shall l.l ..de.diI c.ate. and jctons.;tru.-Ith, e- following required re d road improIvem.ents: : *Additional right-of-way is required on Sierra Highway for an augi?;iente.d intersection standard prior to final map approval. "Ton -foot meandering sidewalk(bikspath;' fur 4 asI- ... ee ee I e 7 bpascap Idth , Uir . v avink' .. khts Trees1601f,66"t) 6 median *Sierra 116 feet 6e Highway *Additional right-of-way is required on Sierra Highway for an augi?;iente.d intersection standard prior to final map approval. "Ton -foot meandering sidewalk(bikspath;' Resolution POI -10 MC O1-038 — Conditions of Approval Page 14 of 21 EN44. The subdivider shall install and dedicate main line sewers and serve each lottparcel with a separate house lateral. The plans shall be approved by the City Engineer, and bonded prior to approval of the final map. EN46. The subdivider shall install separate house laterals to serve each building in the land division. Installation and dedication'of main line sewers may be necessary to meet this requirement. EN46. The subdivider shall send a print of the land division map to the County Sanitation District, with, the reduest £or annexation. If applicable, such annexation must be assured in visiting prier' to' the final mhp approvat. EN47. The applicant shall pay sewer reimbursement charges as determined by the City Engineer or the County of Los Angeles ;&e re the recording of this n'iap. EN48. Easements are tentativelyrec '. ed, subject.to review by the City Engineer to determine ttie final lecetions'a id requirements.. On fate eas9nients must be dedicai6d prior to final map approval. Off site easements shall be &dicated liy se'p'arate' document prior to final map approval, Such easements shall include, but not limited to, easement for the purpose of urgrese arid, egress. EN49. The applicant shall pay a deposit as required to review 66mnents and plans for final map clearance in accordance with Section 21,36.010(c) of the Subdivision Ordinance. EN60. The discharge of sewage from this land division into the public sewer system will not violate the, requirements of the California Regional Water Quality Control hoard pursuantfi o Division 7. (common d'n'gwftb Section 13000) of the Water' Code: The deposit is required upon submittal of final map and easement ilocuments. GRADING, DRAINAGE & GEOLOGY EN61. The applicant shall submit a grading plan consistent with the apprdval for the entire Bite, which must be approved prior to approval of the final m&p. E962. The applicant's grading plan shall lie bas4d'oa'a datailed'61ngineering geotechnical report.which must be specifically approved,&L by the geologist and/or soils engineer and ahbw all recommendation 8, submitiAr )Yi tj A must also agr'se with the tentative map and conditions as approved by the Advisory Agency. EN63. The applicant shall eliminate all geologic hazards associated with this proposed development, or delineate restricted use areas approved by the consultant geologist to the satisfaction'of the City Engineer prior to ictal map approval. EN64. The applicant shall dedicate to the City the right to prohibit the erection of buildings and other structures within all restricted use areas/open space lots prior to final map 11 41 Resolution P01-10 MC 01-038 — Conditions of Approval Page 16 of 21 approval. EN55. The applicant shell submit drainage plans and necessary support documents to comply with Etigineeiing requirements. These 'must be approved to the satisfaction of the City EngineerTrior to, filing of the map. Portions of the property are subject to sheet overflow and ponding and High velocity scouring action. Portions of the property lying in and adjacent to natural drainage courses are subject to flood hazard because of overflow, inundation, and debris flows.. EN56, Specific recommendations-will:be required from the consultq}nt(s) :regarding the suitability for,08velopment of all lots/parcels designed as .ungraded site:,lots• The applicant shall file a report with the State Real Estate Commissioner indicating that additionai.geologic:and/or soils studies may be required for ungraded site lots/paroels by the+Soils and Geology Section prior to final map approval. EN57. The applicant shall provide drainage facilities to remove the flood hazard and dedicate and show necessary eaaements,andlor.right-of-ways on the final raap::,i . EN58. The applicant shall place a note of flood hazard on the final map and delineate the areas subject to flood hazard. The applicant must dedicate.to, the City the right.to restrict the erection of buildings in the flood hazard areas. EN69. Applicant shall execute and record and covenant and agreement regarding the issuance of building permits in an area subject to flood hazard -if applicant is,allo-w,94 to obtain building permit pttior to completion of storm drain construction. Plan fox storm drain must be approved and bonded prior to issuance of building permit. .r_.. EN60. Applicant shall.record an instrument or indicate by note on the final mag thgt; the lot owners in said subdivision shall not interfere with the established drainage of said subdivision. The note shall state that each owner of a lot in said subdivixop,ske L. erect concrete block wall or similar solid constructions except as approved by the City Engineer. EN61. The applicant shall provide for the proper distribution of drainage, All draiiiage shall be captured within the project and discharged to enclosed storm dra;ixi facilities. This shall be illustrated on the grading plans. EN62. The applicant shall show and label on the final map all natural drainage courses on lots where a note of flood hazard is allowed. EN63. The .applicant shall be responsible for mitigating the drainage• impact to, the down stream properties by the project, including the Honby Channel, to the satisfaction of the City Engineer.. The applicant shall pay $300.00 per unit for improvements;toward the 70 42 Resolution POI -10 MC 01-038 — Conditions of Approval Page 16 of 21 Honby Channel to the Friendly Valley Association. This condition shall be satisfied prior to final building permit approval and the applicant will be required to show the City Engineer that payment was made to the Friendly Valley Association. EN64. Specific drainage requirements for the site will be established at building permit application. In addition, the applicant shall provide a drainage acceptance letter from the adjacent property and project cross lot drainage facility maintenance agreement prior to final map approval. EN66. The applicant shall adjust, relocate, and/or eliminate lot lines, lots, streets, easements, grading, geotechnical protective devices, and/or physical improvements to comply with -ord3nanc6s; policfes, and standards in effect at the date the City determined the application to be complete all to the satisfaction o£the City Engineer. EN6ee Prior to the issuance of building permits the applicant shall pay, the applicable Bridge and Thoroughfare Benefit District Fee to implement the highway element of the General Plan as a means of mitigating the traffic impact of this subdivision. The subdivider may construct off -'site improvements of equivalent. value in -lieu of paying fees established for the District subject to approval of the City Engineer. Factor& for devsloptnent units Are as follows: evelomnent Single -Family Per Unit ToVaGuse Per Unit Apartment Per Unit Commercial Per Unit Industry Per Unit The ptrojeet is in the: [ ] Bouquet Canyon Bride and Thoroughfare District 1X1 Eastside Bridge and Thoroughfare District [ 1 Via Prineessa Bridge and Thoroughfare District [ ]' Valencia Bridge and Thoroughfare District Factors 1.0 0.8 0.7 6.0 3.0 B&T fee is subject to change. The fee rate is based on the rate at the time of payment. EN67. The applicant shall construct and landscape medians on Sierra Highway or, if medians are not desired at this time, shall pay an in -lieu fee for the cost of construction, to the satidfaction of the City Engineer. EN68. The area included' within the project shall be annexed to an existing streetlight maintenance district, or form a new district to finance the cost of annual maintenance M, Resolution POI -10 MC 01-038 — Conditions of Approval Page 17 of 21 of the streetlights. The annexation shall be completed prior to map recordation. EN69. If applidalile, applicant shall' comply with ell state requirements for cdnstruction within a special'studies zone. A geology ,report must tie submitted and approved: Copies of the report;must b'e sent to p.e state geologist•prior to final map 'app- toval. EN70. if applicable, applicaht shalj'eequire pexmiis from the' Army Cbrps'af Engineers and the California Department of Fish & Game prior to issuhdce of grading permits or the commencement of any work within any natural drainage course. EN71:'AppTaant shall Acquire N.P.D.E.$. �6ibiits;if.applieable. EN72. The project applicant sliall die respdnsible'' for providing'all required riaaterials and documentation to satisfactorily Wplete the stomp ,drain transfer process recognized by " of Santa` Clrjta: Complete the Cityacceptance of the 'Wrm 'd'rai'n' for ongoing maintenance, by the County of Los Angeles, is required before the City of Santa Clarita will release any bond monies posted for the construction of said=stdhn drain infrastructure. EN79: Norte EN74. The applicant shall fund and construct a pedestrian bridge over Sierra Hwy from the proposed site te'Tract'48892`fo'thesati'sfaotiori.ofthe Citiy Erigiiieei prtoY to"the first occu an y of the,fifiaenth building of the project, If the.juriedict�on fo T the rgadway, is not'relinquiehe3 to. tie City at the' time of e{lesEtian bridge encroathinent permit it shall also Vd'boastructsd to the'satisfaof3an`o Calirai3s: fihe'appliCaat s2i&]I tdieate all necessary) ight qf--way for the bridge including landing end ramp areas to the City prior to Snal mQp a_Tproval. A'ii'irii3ing'inecli'ahism maybe"'prgnded aE:tlj'e applicants regue1116 provide f8ir share ireiinbuieeinents to the aplicant,&om d`eveloping'paruele in the:immedste vicinity of the bridge. The fair sliere for Tzhct 488p2 Tias been deteriiiiiN a to b'e $200,000. This mect pnism,will be subject to tha Pzo osition 218 limitations and shall be formed at the ap hcaiifs ensWi,e. }lie applicant may -de up en Tntegrate[i F5iiancing District per Gity Cunell.. 4pspr0Vdl. The }fridge shall be dedicated to the City upon its domplatiA with piol isions in place for its maintenance ,through g Landscape, Maintenance Dis#ict by the final map approval: EN75. The,appli'oanf'shall b'o'nd for ilie pedesttd -bridge codstrucifo'n'prior t6 final map approval. The bond amount shall tie the estimated Value of t'liapedeAilan bridge minus the expected $2Q0,000.00 contribution from Tract No. 48892. Sierra jifghway. T)ie applicant'shall fund end'cc6etrdtt the pedestri'anbiidge over Sierra H9g 'way from the proposed site to Tract 48892 i6 the'satisfactioh of the City Engineer prior to the first occupancy of the fifteenth building of the project. A A Resolution POI -10 MC 01-038 - Conditions of Approval Page 18 of 21 EN76. All construction plane and activities must be in compliance with the provisions of the stormwater permit and associated StS 4IP.' All applicable BMP's, both permanent and construction related, shall be incorporated into appropriate plane. The permanent BMP's shall be in place prior to acceptance of the associated improvements. Construction related BMP s shall be shown on the SUMP plan and shall be in place during all pbases of the construction, EN77. Post development drainage from the alts shall not be increased from the pre - development flows. This shall be demonstrated with a drainage study considering clear. flows only. Any increase shall be mitigated. The study and mitigation shall be approved prior to f64map or gradii}g plan approval. EN78, The applicant shall remove the word Westing" from the submitted map, Traffic MA' ' ion TF1. Adequate sight visibility is required at all intersections (street wlt'ii etreettariveway with street) and shall follow the latest Caltrans manual for applicable requirements. The sight visibility triangles shall be shown on all plans, TF2: No driveways will be permitted within, curb return of all public and private streets. TF$. Entry road ("A" bdtreet) shall be right-fA/right-,out only. Any neceesary eigne shall be ir}s alled'pnoi to occupapcy. e City Bn nbe " TF4. Prior to the issuance 6tbuilding Coca" pa:ac"'Permits, the ;applicant, shall modify the northbound left-turnpocket on Sierra Highway at Rainbow laden lhn`ve` to provide 300' minimum storage and 120' taper, The traffic signal at this intersection shall be modifie4 to allow for northbound U-turns. The applicant shall submit'plans for review and approval by the City Engineer and Caltrans. TF& The applicant shall' instal] traffic -calming features, which may include, but not limited to, narrow street sections, speedliumps, and traffic drel6ewhich shall be of a method and location to the satisfaction of the City Engineer. Final'design shall be subject to approval of the City, Engineer. TF6. All traffic circles shall bedeal'giied to cufrent Federal Highway Administration recommendations, including, but not limited to: splitter islands at all approaches, and adequate signjng and striping in advance of and within traffic circle. Final de ii Own eti yykWll be pubject to approval of e City,Engineer. TF7. All tfqnc-calmipg features shall accommodate. emergency vehicle access and shall be designed to the eatiefaction of the <`ity Engiz}eer. TF8. There shall be no on -street parking along Sierra Highway, between Golden Valley �45 Resolution POI -10 MC 01-038 - Conditions of Approval Page 19 of 21 Road and Rainbow Glen Drive. The applicant shall install adequate signing (No Stopping Any-Timey along 96 . hg Sierra llig#vvs�y to the satisfaction of ihe''Ci Engineer. PM9 ... ... TF9. The intersection of Golden Valley Road (EW and Sierra Highway (NIS) is planned to be improved in accordance with the City's augd'a'ented'intersi3cti6a' standard. This standard provides for the following. number of f lanes: Eastbound: two left -turn lanes, thie'e' thi6iigh lanes,* one right -turn lane. Westbound: two left -turn lanes, Ahrpe through lanes, one right - lane. 14orthbouna: two lett-turn la4neg:' W& through laneS,' one rig -lit -turn -tuim lane. Southbound: two. leflrturn lanes: three through lanes, one *rWii:iiiM lane. Ifrioi to the issuance o�`buildifi�`occu�anCy permits the subject project'is_required to r northwest to final map approval. T9idukgirl 6ctpr�edt1sdlsore,q red, Prove thisinthrbedtion th provida sij�nhlization 6' as listbd above ong t& other thrWWk�&!A and; tVa n 116 to the extent rw. I possible within the existing available right-of-way, unless thes'eVniaprovements are already,in place at the time of issuance of building occupancy permits..All these rinprovemenis sji�V lie to W" ssitllsfdctiofi of the Cpand yotzld6". NPDES Thili pi'ojeotT is su umcipal i�i!'%. H a"Jnty shoiiiffij he permit rmwa r prmt. a ap appli c ?Wd"gaind an NOI to the C1. 160--,2 1-prepared.- cAi;n1asbe'6jifi' —an E tat'6 STFFP. .411 U. 7 NP2. The applicant shall incorporate appropriate post construction best management and recycling which include: I �Qt runoff to be infiltrated from the graded pad areas through on-site g6rvious sows; directiooff6o iuhbff tis"flie yardi'o',�6qetathd aeas; slope protection - convey runoff from the tops of slopes and st&bjjf'ze!"dhG&dI'S'i4es with landscapi,ug per.!Cbunty, st4 4ard; vegetate pl? with x a or drought tolera.4 ) tive 'r1. 11 -1 1 'i '6 catch basins ps vagetaoopL. to v open; riiK64, ffoiE streets sh' 115ii*o9.11vctbd in :,,.,unimize er ­,- 1 .1 '.11 with pipe aakid to tj�6'p'rqip�'D`Seld deflective separator llnif'priSi t6out efinto existing systepr 01 qatch,baslas and ;nlsts p1pvA be s" with "Wam.ing., o, .,,ncikqd wi I Drain t Ocean" n'e*t- `'* notes and symbols bier hTPDE9 BNl;1'' ds . as•apprgved,6y D. P L & NP3. The gp'plicaneshiai"pioviae e'n,c�)"u�6tra�sh6nclodestolu'se'12 binis. Half ofthe bins should be reserved for recyclable materials only, All trash enclosures should be consistentVith the surrounding architecture and BiB located th-p.rbvide convenient . � pedestrian and collection vehicle access. All sh an 6dur& Alo.1d 5 c o nsistent with curre city . E - fRici cations . and h' --';-EL solid roof. Resolution P01-10 MC 01-038 — Conditions of Approval Page 20 of 21 NP4. The applicant is encouraged to recycle construction and demolition debris. Contact the Environmental Services Division for debris recycling'ihformation T sAneeles County Fire Department FDL Access shall comply with Section 902 of the Fire Code which requires all weather access. All weather access may require paving. FD2. Are Department access shall be extended to within a 150 foot distance of any exterior poition of all structures. FD3. Whore driveways extend further than 300 feet and are of single access design, tuigarounda sulfable for fire protection equipment uqe shall be provided and shown on the, map. 'kdmarounds'9hah be designed, constrireted and; maintained to insure their integrity fol Flre PopaFtment uQe;.Where topo�iapity.di' atee, turnarounds shall be provided for driveways } at'extend over 1 0 febt, FD4. The private driveways, shall be indicated on the final map as. 'Private Driveway and Flirelane° with t�a widths clearly QiJcteri'snd shall lie mpWtainod in accordance with the Fire Coda. ' Fps. Vehicular access must be provided, and.�e4tained serviceable throughout construction io al required fiie hydrants. All ieg6144fiis liydiarite shall bs'mstalled, tested and accepted prior to construction. FD6. This property, is located within the area described by the Fire Department as "Very f 4gh Fire hazard §eve* Zohe" (formerly Fire Zgne 4): k un6j11 fo4catiori Plan'! shall be submitted and appYpved prior, toT.. dna1g6a. A;8s. (contact a Fuel McBification } iiiap'C• r , Unit, Fire Station #32, 605 Narth Angeleno tiveuue, Azusa: tyt 91702-2904', Phone (626) 969-5205, for details). FD7. Provide Fire JYepartment or, City approved street erns and building' access numbers prior, to occupancy,. Fl7g. Provide' *ate i'mafris, fire a flows'as re§iiired:by the County of Los Angeles'MY Ilof iart?nent, for a71 T'arid eiigy3it on the �Lap td be, recorded.' FDO. Tho'rsquii $d fire flow for publid �, liy�i li{ta at tl p 1'ocatiob ie 5,000 gAlldne per minute at 20 psi for a duration of 2 hours., 'bJor snd above meicimum daily domestic demand. One hydrant flowing simultaneously may be used to achieve the required fire flow. FD10• Install 11ublic fire hydrants, as per" on file with the Los Angeles County Fire Department's "Subdivision, Water end Aic6bss Division." All hydtafits shell measure 6" x 4"x 2 V2" biass or bronze, conforming to Wrreni AWWA standard C5d8 or approved equal. All hydrants shall be installed a minimum of 25' from a structure or protected by a two (2) hour fire wall. Resolution P01-10 MC 01-038 — Conditions of Approval Page 21 of 21 FD11. All required fire hydrants shall be installed, tested, and accepted or bonded for prior to Final Map approval. Vehicular access must be provided and maintained serviceable throughout construction. FD12. Contact the Planning Section of the Fire Department to verify if a fire station will be required to adequately serve the proposed development. Contact (323) 861-2404. FD13. The applicant shall submit detail plans of the traffic circles. All gate hardware is required to be out of the access. way when the gate is fully in the open position. William S. HarUSuluher Surings School Districts SI. The applicant shall not be issued any building permits until all of the applicable school mitigation fees are paid by the applicant. The Gas Company GS1. The applicant shall include the SCGas right of way record document nbmber in the non - signature portion of the tract map and have a request for non-interference letter, per Subdivision Map Act 66436 A I and ii, mailed to this office for our review and response. s:\pbs\current\2000\53419\conditionsofapproval Exhibit "C" Tract 53419 Sierra Highway Street Improvements Cost Estimate I Tract 53419 Sierra Highway Street Improvements Cost Estimate City of Santa Clarita Subtotal 1,260,000.00 Contingency (25%) 315,000.00 Project Management/Admin Fee (20%) 252,000.00 TOTAL 1,827,000.00 Nates: 1)Power Pole (Including cable and phone) relocation have already been paid for. Edison is welOng to move pending construction of street lmpmvemmm 2) City has $200,000 from OR Horton for their share of bridge construction 3) City is exempt from Caltrans Permit Fees. However Columns will recurs the plane to be updated to the current standards. - 1 Median, Right Turn Pocket, and Right -of -Way Improvements $420,400.00 2 Storm Drain Construction $20,900.00 3 Landscaping Median and Parkway $40,100.00 4 Signal Modification $134,100.00 5 Signing and Striping $45,500.00 6 Pedestrian Bridge Improvements $560,000.00 7 Bus Shelter $20,000.00 B Caltrans Permit Fee and Plan Modification $10,000.00 Subtotal 1,260,000.00 Contingency (25%) 315,000.00 Project Management/Admin Fee (20%) 252,000.00 TOTAL 1,827,000.00 Nates: 1)Power Pole (Including cable and phone) relocation have already been paid for. Edison is welOng to move pending construction of street lmpmvemmm 2) City has $200,000 from OR Horton for their share of bridge construction 3) City is exempt from Caltrans Permit Fees. However Columns will recurs the plane to be updated to the current standards. - ( t --oo-Z- 4 -A FIRST AMENDMENT TO THE OFF-SITE IMPROVEMENTS AGREEMENT MASTER CASE 01-038 / TRACT 53419 Valle Di Oro Project Santa Clarita, California This First Amendment to the Off -Site Improvements Agreement Master Case 01-038 / Tract 53419 ("First Amendment") is made and entered into this 3111 day of n4u5t, 2012 by and between the City of Santa Clarita ("City") and Trimark Pacific — Valle Di Oro, LLC, a California limited liability company ("Developer") by the Receiver for the real property, David D. Wald, solely in his capacity as Receiver ("Receiver"), pursuant to the Order Appointing Receiver ("Receivership Order") issued in Bank of the West, a California Banking corporation v. Trimark Pacific — Valle Di Oro, LLC, et al., Los Angeles County Superior Court Case No. PC045569 ("Receivership Case"). City and Receiver are collectively referred to hereinafter as the "Parties". RECITALS This First Amendment is made and entered into on the basis of the facts and understandings of the Parties as set forth in these recitals: A. On October 21, 2011, the City and Developer, by the Receiver, entered into the Off -Site Improvements Agreement (City Contract #11-00394) for Master Case 01-038 / Tract 53419 ("Agreement"). In summary, this Agreement provided for the payment of an in -lieu fee to the City of $1,627,000.00 ("In -Lieu Fee") for the design, permitting and construction of off-site improvements required in connection with the development and build -out of the project including, but not limited to, the construction of a pedestrian bridge over Sierra Highway and various roadway improvements within and along Sierra Highway. B. Recital H of the Agreement provides the City with the authority to make adjustments to the amount of the In -Lieu Fee if the fee is not deposited by June 30, 2012 ("Potential Adjustment Date"), to reflect changes to the cost to construct the off-site improvements. The City, by its letter dated March 26, 2012 attached hereto as Exhibit "A", extended the Potential Adjustment Date in Recital H of the Agreement to December 31, 2012. C. Receiver is working with a potential buyer for the undeveloped portions of Tract 53419. The Receiver and the potential buyer are requesting that the City consider an amendment to the Agreement that would include payment of the In -Lieu Fee in two installments. D. City has considered and agrees to allow the payment of the In -Lieu Fee in two installments as set forth in this Amendment below. NOW, THEREFORE, in consideration of the mutual promises contained herein, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties hereby agree to amend the Agreement as described below: �51 I. Capitalized Terms. Unless otherwise expressly provided in this Amendment, capitalized terms used in this Amendment shall have the meanings assigned in the Agreement. 2. Developer Obligations. Section 2.1 of the Agreement shall be amended and restated in its entirety as follows: 2.1 The term "New Developer" shall mean either: (a) the buyer purchasing the Property from Receiver, or at a foreclosure sale, or from Bank after Bank acquires the Property at a foreclosure sale (any one of which being a "Property Sale"); or, (b) the Developer, in the event that Receiver transfers possession of the Property back to Developer ("Transfer of Possession"). Within thirty (30) days of the date of the close of escrow of a Property Sale or a Transfer of Possession, as a condition of this Agreement, New Developer will deposit with the City good funds in the amount of two hundred thousand dollars ($200,000) ("First Installment"). At or prior to the New Developer receiving the 25`x' building permit for the new residential units, New Developer will deposit with the City good funds in the amount of one million four hundred twenty seven thousand dollars ($1,427,000) ("Second Installment"). Collectively, the First Installment and the Second Installment shall be considered, as adjusted pursuant to recital H herein, as the In -Lieu Fee for the design, approval, permitting and construction of the Off -Site Improvements. Upon payment of the First Installment, the City shall be prohibited from making any adjustments pursuant to Recital H, provided that the Second Installment is received by the City within fifteen (15) months of receipt of the First Installment. Receiver acknowledges and agrees that no additional building permits for new residential units can be issued for the Project until the First Installment is paid to the City. Receiver acknowledges and agrees that building permits will not be issued for more than 25 new residential units until the Second Installment is paid to the City. The Receiver (or Bank as applicable) shall give written notice to City of the Property Sale or Transfer of Possession within five (5) business days of the occurrence of either event. If the First Installment is not paid to City within thirty (30) days of the Property Sale or Transfer of Possession, then City may terminate this Agreement if the First Installment is not paid to City within forty five (45) days after written notice to New Developer. If the Second Installment is not paid to the City within twenty-four (24) months from the date of the payment of the First Installment, then City may terminate this Agreement if the Second Installment is not paid to City within forty five (45) days after written notice to the New Developer. Failure on the part of the New Developer to pay the Second Installment within the time frame indicated above shall result in the forfeiture of the First Installment. In the event that this Agreement is terminated for failure to pay the First Installment or the Second Installment to City, then New Developer shall be responsible for completion of all Off -Site Improvements, as a condition of issuance of additional building permits for new residential units in the Project area. 3. Effect of Amendment. Except to the extent modified by this Amendment, the Agreement shall remain unchanged and in full force and effect. In the event of a conflict or inconsistency between the terms of this Amendment and the Agreement, this Amendment shall control. From and after the date hereof, the term "Agreement' shall mean the Original Agreement as amended by this Amendment. This Amendment may be executed in counterparts, each of which shall be deemed an original, and together shall constitute one and the same document. Signatures to this Amendment transmitted by fax or electronically shall be treated as original signatures. The caption and section headings of this Amendment are inserted for convenience of reference only and shall in no way define, describe or limit the scope or intent of this Amendment or any of its provisions. IN WITNESS WHEREOF, the Parties hereto have executed this Amendment on the Effective Date first written above. ENTITY NAME By: Trimark Pacific — Valle Di Oro, LLC 52 d, Stat Court Receiver e No. PC045569 THE CITY OF SANTA CLARITA By: Name: Its: l5� ACKNOWLEDGMENT STATE OF CALIFORNIA ) SS COUNTY OF e4eS ) On 116 12 , before me, Notary Public, personally ppeared 'RnVrd t>. Wald who proved to me on the basis of satisfactory evidence to be the person(g) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/hengheir authorized capacity(ies), and that by his/heg4heir signatureo) on the instrument the person(,.), or the entity upon behalf of which the person($) 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. [Seal] (Signa ) STATE OF CALIFORNIA ) SS COUNTY OF "� ) STEPHANIE CEKIN CffnuMaebn Ar 1851101 Nopq PuWk • CUltomle " Los Angeles County My Comm. Expires May 25, 201 On . before me, Notary Public, personaq appeared who proved to me on the basis of satisfactory evidence to be the person(o�jwhose namdpyi fare- subscribed to the within instrument and acknowledged to me t&t(IjD71shE/they executed the same in is herN r__ authorized capacity(i); and that by<bT&-�signatu1)§&n the instrument the person or the entity upon behalf of which the person r�ted, 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. [Seal] ( ignature) MRA MARISA-WOONINCK BARLOW Are Commission M 1809588 Notary Public - Calilomia Los Angeles County `' =m Expires Aug15.2012 + 601561573v2 54 Exhibit "A" 55 yl; 1 y) i " k 1 nrvll I t1 s 1 '7 14" rLL 1 J i t I (r , y � ...�-✓ � I � t f�9 f F - y t µ •/: ss .1 1 City of SANTA CLARITA 23920 Valencia Boulevard a Suite 300 a Santa Clorita, California 91355-2196 Phone: (661) 259.2469 a PAX: (661) 259-8125 www.aanta-clari ra.com March 26, 2012 Mr. Glenn Adamiek JSB Development 27451 Tourney Road, Suite 250 Santa Clarita, CA 91355 Dear Mr. Adamick: Subject: Valle Di Oro Off -Site Improvements Agreement- In Lieu Fee Amount Extension This letters provides the City of Santa Clarita's (City) response to the request made by letter from JSB Development dated February 29, 2012. The original Valle Di Oro Off -Site Improvements Agreement (Agreement) and your letter have been enclosed for reference. JSB Development has requested the City grant a six-month extension to the expiration date of June 30, 2012, shown in Recital H of the Agreement. City staff have reviewed this request and based on their fundings the City has agreed to grant your• request. As such, the revised expiration date of the cost shown in Recital H will be December 31, 2012. Should you have any questions or need additional assistance, please contact Trolis Niebla, Associate Engineer, at (661) 255-4947. Sincerel , Robert Newman Director of Public Works RMB:TGN:dp ACIT ALL9DWTB KIWM=tse,vk.u.nm,a. DI Om Aareemeal&twiva Lenw em Enclosures cc: Ruben Barrera Development Servicds Manager ..... oa ` e Gabrielle Koontz, Assistant Engineer MG O �y� 3fr SEC z S" 4 <jz = it I.:HN aV V) �yRU S N d d y 'OHF/ � p � •1 o e a a.IX<Gt�✓� \ �lo- ERIENOCY_l7/u'yE'� D {1 09K6PFSQ' W Yu� N O eat bQ 6+ O,> Od U � � 1 o U �o 1 N7 p 13 NOSO IN OEN2A-�N'—� vz 'i—'0.MHd�337=0�1L390N J _C 57 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND Dokken Engineering Contract No. 13-00190 This AGREEMENT is entered into this —day of 20 , by and between the CITY OF SANTA CLARITA, a municipal corporation and general law city ('CITY") and Dokken Engineering, (`CONSULTANT"). 1. CONSIDERATION. A. As partial consideration. CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below; and B. As additional consideration. CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement; and C. As additional consideration. CITY agrees to pay CONSULTANT a sum not to exceed Two Hundred Fifty Nine Thousand Six Hundred Seventy Two dollars ($259.672) for CONSULTANT's services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement. CITY will pay this sum as specified in the attached Exhibit "Fee Table," which is incorporated by reference. 2. SCOPE OF SERVICES. A. CONSULTANT will perform services listed in the attached Exhibit "Scope of Work." which is incorporated by reference. B. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation_ office space and facilities, and all tests. testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement. 3. PERFORMANCE STANDARDS. While performing this Agreement. CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT. Revised 1/2011 Paee I of 10 4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit "Fee Table') the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that work during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date. 5. NON -APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year. 6. ADDITIONAL WORK. A. If CONSULTANT believes Additional Work is needed to complete the Scope of Work, CONSULTANT will provide the CITY with written notification that contains a specific description of the proposed Additional Work, reasons for such Additional Work, and a detailed proposal regarding cost. 7. FAMILIARITY WITH WORK. A. By executing this Agreement. CONSULTANT agrees that it has: Carefully investigated and considered the scope of services to be performed; and ii. Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending- performance ttendingperformance of the services under this Agreement. B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT's own risk until written instructions are received from CITY. 8. TERM. The term of this Agreement will be from .lune 12, 2013 to December 31, 2014. Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances: A. Completion of the work specified in Exhibit "Scope of Work." B. Termination as stated in Section 15 Revised 1/2011 Page 2 of 10 9. TIME FOR PERFORMANCE. A. CONSULTANT will not perform any work under this Agreement until: i. CONSULTANT furnishes proof of insurance as required under Section 22 of this Agreement: and ii. CITY Qives CONSULTANT a written notice to proceed. B. Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, ani, such professional services are at CONSULTANT`s own risk. 10. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond CONSULTANT's control, CITY may grant a time extension for the completion of the contracted services. If delay occurs. CONSULTANT must notify the Manager within forty-eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement's schedule. The Manager will extend the completion time, when appropriate, for the completion of the contracted services. 11. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties. 12. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. 13. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this A_reement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 14. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT's performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term. covenant, or condition contained in this Agreement, whether of the same or different character. 15. TERMINATION. A. CITY may terminate this Agreement at any time with or without cause B. CONSULTANT may terminate this Agreement at any time with CITY's mutual Revised 1/2011 Nee 3 of 10 consent. Notice will be in writing at least thirty (30) days before the effective termination date. C. Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT'S own cost; CITY will not be obligated to compensate CONSULTANT for such work. D. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY's option, become CITY's property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section I (C). E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. F. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 16. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT under this Agreement are CITY's property. CONSULTANT may retain copies of said documents and materials as desired, but will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of CONSULTANT's completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY's own risk. 17. PUBLICATION OF DOCUMENTS. Except as necessary for perfonnance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or public CITY without CITY's prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties. 18. INDEMNIFICATION. CONSULTANT agrees to indemnify and hold CITY harmless from and against any claim, action, damages, costs (including, without limitation, attomey's fees), injuries, or liability, arising out of the performance of this agreement by CONSULTANT. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, arising out of performance by CONSULTANT of services rendered pursuant to this Agreement, CONSULTANT will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or costs incurred in defense otherwise. Notwithstanding any provisions of this Agreement to the contrary, design professionals shall be required to defend and indemnify the City only to the extent allowed by Civil Code Section 2782.8, namely for claims that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the design professional. The term "design professional" includes licensed architects, licensed landscape Revised 1/2011 Page 4 of 10 architects. registered professional engineers, professional land surveyors and the Business entities which offer such services in accordance with the applicable provisions of the business and Professions Code. 19. ASSIGNABILITY. This Agreement is for CONSULTANT's professional services. CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's written approval are prohibited and will be null and void. 20. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance. bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only. 21. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Aureement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom. and to inspect all program data. documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement. 22. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective. CONSULTANT will procure and maintain the following types of insurance with coverage limits complying; at a minimum, with the limits set forth below: Type of Insurance Commercial general liability Professional Liability Business automobile liability Workers compensation Limits $1.000,000 $1.000,000 $1.000.000 Statutory requirement B. Commercial general liability insurance will meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as "additional insureds' under said insurance coverage and to state that such insurance will be deemed "primary' such that any other insurance that may be carried by CITY will be Revised 1/2011 page 5 of 10 excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be on an "occurrence," not a "claims made." basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY. C. Professional liability coverage will be on an "occurrence basis' if such coverage is available, or on a "claims made" basis if not available. When coverage is provided on a "claims made basis." CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the tern of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. D. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol I (Any Auto). E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VIL" F. Should CONSULTANT. for any reason; fail to obtain and maintain the insurance required by this Agreement. CITY may obtain such coverage at CONSULTANT's expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to Section 15. In the alternative, should CONSULTANT fail to meet anv of the insurance requirements under this agreement. City may cancel the Agreement immediately' with no penalty. G. Should CONSULTANT'S insurance required by this Agreement be cancelled at any point prior to expiration of the policy. CONSULTANT must notify within 24 hours of receipt of notice of cancellation. Furthermore. CONSULTANT must obtain replacement coverage that meets all contractual requirements within 10 days of the prior insurer's issuance of notice of cancellation CONSULTANT must ensure that there is no lapse in coverage. 23. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terns of compensation. 24. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update. Revised 1/2011 Page 6 of 10 25. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: If to CONSULTANT: Dokken Engineering 110 Blue Ravine Road. Suite 200 Folsom. CA. 95630-471 Attention: Jim Ware. PE If to CITY: City of Santa Clarita 23920 Valencia Boulevard. Suite 300 Santa Clarita. CA 913» Attention: Trolis Niebla, PE Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States mail, postage prepaid and properly addressed as noted above. In all other instances. notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 26. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including; without limitation,_ CITY's Conflict of Interest Code (on file in the City Clerk's Office). It is incumbent upon the CONSULTANT or CONSULTING FIRM to notify the CITY pursuant to Section 25. NOTICES of any staff changes relating to this Agreement. A. In accomplishing the scope of services of this Agreement. all officers, employees and/or agents of CONSULTANT(S), unless as indicated in Subsection B., will be performing a very limited and closely supervised function, and, therefore, unlikely to have a conflict of interest arise. No disclosures are required for any officers, employees, and/or agents of CONSULTANT, except as indicated in Subsection B. Initials of Consultant B. In accomplishing the scope of services of this Agreement, CONSULTANT(S) will be performing a specialized or general service for the CITY, and there is substantial likelihood that the CONSULTANT'S work product will be presented, either written or orally, for the purpose of influencing a governmental decision. .As a result, the following CONSULTANT(S) shall be subject to the Disclosure Category "I" of the CITY'S Conflict of Interest Code: Dokken Engineering Hunsaker and Associates Geocon Pacific Coast Land Design, Inc. 27. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT's bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT's bona fide employee, any fee. commission, percentage. brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty. CITY may rescind this Agreement without liability. Revised 112011 Page ?of 10 28. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT's or CITY's obligations under this Agreement. 29. INTERPRETATION. This Agreement was drafted in. and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 30. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement. 31. ENTIRE AGREEMENT. This Agreement. and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There are two (2) Attachment(s) to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 32. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning, it will not be interpreted strictly for or against either Party. 33. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and. as so modified, such portion and the balance of this Agreement will continue in full force and effect. 34. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY's executive manager, or designee, may execute any such amendment on behalf of CITY. 35. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 36. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 3T TIME IS OF ESSENCE. Time is of the essence for each and every provision of this A ereement. Revised 112011 Page 8 of 10 38. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood. explosion, acts of terrorism, war. embargo, government action, civil or military authority, the natural elements, or other similar can beyond the Parties' reasonable control, then the Agreement will immediately terminate without oblivation of either party to the other. 39. STATEMENT OF EXPERIENCE. By executing this Agreement. CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel. current workload: experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY. 40. PROTECTION OF RESIDENT WORKERS. The City of Santa Clarita actively supports the Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility; employment verification. and nondiscrimination. Under the INA,employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (1-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. [SIGNATURES ON NEXT PAGE] Revised 1/2011 Page 9 of 10 IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first hereinabove written. FOR CONSULTANT: HN Print Name & Title Date: FOR CITY OF SANTA CLARITA: KENNETH W. STRIPLIN, CITY MANAGER By: City Manager Date: ATTEST: By: City Clerk Date: APPROVED AS TO FORM: JOSEPH M. MONTES, CITY ATTORNEY By: City Attorney Date: Revised 1/2011 Page 10 of 10 3. WORK STATEMENT Task 1.0 PRELIMINARY INVESTIGATION Subtask 1.1 Obtain and Review Existing Documentation Dokken Engineering will obtain and review all available documents to identify design controls and considerations necessary for plan preparation and approvals including the approved Sierra Highway street plans, the Valle Di Oro Pedestrian Bridge plans which were submitted to the City of Santa Clarita (City) for plan check, and the Mitigated Negative Declaration and conditions of approval associated with the adjacent developments, and any supporting documentation such as existing geotechnical reports and previous survey information. Additionally, Dokken Engineering will review all previous correspondence with regulatory agencies to ensure that efforts are not duplicated. Deliverables: Existing Documentation Memorandum Task 1.2 Base Mapping The Dokken Engineering Team will provide mapping of existing conditions and prepare a detailed base map including precise horizontal and vertical control, section corners, bench marks, existing topography, existing rights of way, property lines, improvements, easements and profile. Dokken Engineering Team will obtain additional surveys, as necessary, to ensure a precise and accurate base map and to supplement available information retrieved from previous efforts. The Dokken Engineering Team will provide 2-dimensional topographic mapping at 1 -foot contour intervals of the entire project site. The Dokken Engineering team will identify all visible facilities within the project area. This will include features such as existing utilities, drainage facilities, signing and striping, fences, trees, edge of pavement, hinge points, flow lines, ditches, slopes, traffic signal and street lighting facilities, structures, banks, electrical service points, ground points, fences, and any other visible features that may affect proposed improvements. Deliverables: Rectified Bose Map Site photos, Topographic survey mapping in AutoCAD 2009 format at one -foot contour intervals Task 1.3 Utility Coordination All surface evidence of utility and drainage facilities that may be affected by the proposed project will be located by field observations. Field spot elevation on the top of all utility structures, catch basins, vaults, valve boxes, etc. will be provided. Existing utility mapping will be overlaid on the alignment. A table will be developed listing each utility impacted. In the table, the utility will be identified as a relocation or accommodate -in -plate. Dokken Engineering will prepare a project limits map immediately after the Notice to Proceed and request utility information from the utility owners within the project area. Dokken Engineering will prepare draft utility "A" letters to affected utility owners on City letterhead for City review and approval prior to transmitting "A" Plans to utility owners. Two sets of base maps, or "A" Plans, will be provided to each utility owner as an attachment to the transmittal "A" letter. The base plans will be clearly marked "A Plans and the transmittal letter will clearly identify this project as a City project. A copy of the utility data obtained from utility owners will be provided to the City and the original will be filed in the project files. Information on existing utilities obtained as a result of the "A" Plan submittal will be transferred to base maps in both plan and profile view. The "A" letter and responses will be submitted to the City. Dokken Engineering will prepare a utility facility map to integrate the information supplied by the utility owners. Information on existing utilities obtained as a result of this effort will be used to identify utility conflicts and to develop a strategy for resolving those conflicts. Notification letters and plan sets will be provided to utility owners during development of the PS&E, as follows: Dokken Engineering will prepare draft transmittal letters on City letterhead (Utility Verification and Notice to Owners) to affected utility owners for City review and approval prior to transmitting "B" Plans to utility owners. Two sets of half-size 65% plans ("B" plans) will be provided to each utility as an attachment to the transmittal letter and will clearly identify this project as a City DOKKEN 3. Work Statement project. This will provide notice to the utility companies of the approved alignment and will facilitate continued coordination between the utility companies and the design team during the project development process. All utilities in conflict with the approved alignment will be highlighted with possible options for relocation. Potholing information will be shown on the Utility Plans. The letter will request that utility owners verify any utility conflicts with proposed improvements and indicate whether any future utilities are proposed in the area that may require accommodation near the pedestrian overcrossing structure. Following return of the "B" Plans to Dokken Engineering, a meeting will be scheduled with the utility companies to discuss relocation or protection in place of the impacted utilities. A copy of the utility data obtained from the utility owners will be provided to the City and the original will be kept in the project files. Dokken Engineering will prepare transmittal letters to affected utility owners for City review and approval prior to transmitting "C" Plans to utility owners. The base plans will be clearly marked "C" Plans and the transmittal letter will clearly identify this project as a City project. Two sets of 100% plans will be provided to each utility owner as an attachment to the transmittal letter. The letter will indicate to the utility owners that these are final plans and an explanation of changes since the "B" Plans will be provided. A written confirmation that the utilities have been relocated (or their scheduled for relocation) will be requested from the utility companies. Dokken Engineering staff will also assist the City in preparation of utility agreements for any required relocations. Deliverables: Utility "A" letters Existing Utility Plans Utility 'B" letters Final Utility Plans Utility "C" letters Executed Utility Agreements Task 1.4 Potholing Utilities that may be in conflict with proposed underground work, including storm drains, will be potholed utilizing a vacuum system. Underground utilities in conflict will be potholed to identify location, depth, type and number of affected conduits. The impacts to these utilities will be determined and project plans will be sent to the utility companies identifying any relocations required. Record data and follow-up meetings with the utility companies will determine the party responsible for the cost of relocation and who will perform the work. Dokken Engineering understands that Sierra Highway is a Caltrans Highway that has the potential to have unknown conflicts to the proposed project. Dokken Engineering will identify all conflicts with proposed improvements including utilities, previously constructed roadway features, and any.other potential conflict. Deliverables: Potholing Report . Updated Utility Base Map Task 1.5 Geotechnical Preliminary Investigation Geocon will perform geotechnical investigation for the proposed design that will adequately characterize the on-site soil conditions during the Preliminary Investigation phase of this project. Deliverables: Preliminary Geotechnical Investigation Memorandum Task 1.6 Encroachment Permit (Design) A valid Caltrans encroachment permit will be necessary in order to design the proposed roadway improvements within the State Right -of -Way and the Pedestrian Overcrossing over the State Right -of -Way. This first permit will allow for the design of the project and allow the Dokken Engineering team members to work within the Right of Way to perform design work such as surveying and geotechnical investigations and should be obtainable with minimal effort. Dokken Engineering will prepare and submit an encroachment permit application along with any required exhibits. Deliverables: Caltrans Encroachment Permit for Design DOKKEN 3. Work Statement Task 1.7 Encroachment Permit (Construction) Dokken Engineering has extensive experience designing and constructing projects in the State Right of Way and will assist the City in gaining project approvals and ultimately getting this project to construction. Dokken Engineering will work with the City and Caltrans to either have the original permit extended and/or amended to include the pedestrian overcrossing or will prepare a new encroachment permit application for submittal to Caltrans to cover the improvements proposed as a part of this project. This project would is under the authority of the Caltrans Office of Specially Funded Projects (OSFP). A very comprehensive list of required submittals and review timelines may be required in order to obtain an encroachment for construction. Dokken Engineering has included the preparation of any other required encroachment permit application documents as a part of the scope for this task. Upon application for the encroachment permit for the design phase, Dokken Engineering staff will immediately begin to engage the OSFP liaison engineer to initiate the Caltrans review to ensure that an encroachment permit for construction will be approved concurrently with completion of the design. Deliverables.: -Approved Encroachment Permit for Construction TASK 2.0 PROJECT MANAGEMENT Task 2.1 Meetings and Coordination Dokken Engineering will organize, attend, and facilitate meetings as necessary to provide progress updates, coordinate between stakeholders and technical disciplines, and facilitate overall project communication. For each meeting, Dokken Engineering will provide meeting notices, prepare meeting materials and agenda, attend and facilitate the meeting and prepare meeting minutes. Dokken Engineering will consult with the City's project manager prior to each meeting to get input regarding the agenda. The following meetings are anticipated for this project: Kickoff Meeting (1): At the start of the project, Dokken Engineering will organize a kickoff meeting with all key personnel and stakeholder representatives on the project. The purpose of this meeting will be to review the goals and objectives of the project, discuss each team member's roles and responsibilities, identify critical project issues and obtain consensus on task durations, particularly reviews. The kickoff meeting helps to ensure that everyone on the project team is on the same page and functioning with the same understanding regarding project delivery and execution. PDT Meetings (6): The project development team (PDT) meetings will serve as the primary forum for reviewing the status of the project and identifying and resolving project issues. Attendees are anticipated to include City staff, Dokken Engineering's Project Manager, consultant task leads, and other stakeholders, as necessary. Throughout the anticipated duration of the project design phase, Dal will attend and facilitate up to six PDT meetings. Stakeholder Coordination Meetings (3): Dokken Engineering will facilitate stakeholder coordination meetings with stakeholders in close proximity to the project including Caltrans. Council/Public Meetings (I): Dokken Engineering will attend and, if requested, present the proposed improvements at Council/Public meetings, as required. Deliverables: - Meeting notices, agendas and minutes, and presentation materials - Council/Public presentation materials, including project exhibits Task 2.2 Project Administration Dokken Engineering will monitor and control the effort and progress of the proposed services as follows: • Set up project accounting system • Prepare Subconsultant agreements • Monitor Subconsultant progress and review/approve invoices • Prepare monthly Progress Reports and client invoices DOKKEN 3. Work Statement • Prepare, monitor and adjust CPM Schedule Deliverable: Monthly Progress Report, Project Schedule Task 2.3 Quality Control Dokken Engineering will prepare a Quality Control Plan and provide the technical resources necessary to review the deliverables for compliance with City requirements. Independent reviews will be conducted by senior staff not directly involved with the design or preparation of the deliverables. Quality control reviews will be performed for the following deliverables as part of the task for said deliverables: ' • Survey control and mapping • Quantity take -offs • 65%, 95% and Final plans, specifications and estimates A comment resolution matrix will be completed for each review to document the quality control comments and how each comment was resolved. Deliverable: Quality Control Plan, Comment Resolution Matrix Task 2.4 Right -of -Way Determination (Optional) Dokken Engineering has identified an existing Pedestrian Easement on the most recent Assessor's Parcel Map. The Dokken Engineering Team will prepare plats and legals, if necessary, to delineate this Pedestrian Easement. Deliverable: Plats and Legals TASK 3.0 STREET IMPROVEMENT DESIGN Development of the project documents will be in accordance with the latest edition of the Caltrans "Project Development Procedures Manual", the "Highway Design Manual", the AASHTO LRFD bridge Design Specifications with Caltrans Amendments, and the AASHTO Guide Specifications for the Design of Pedestrian Bridges. The design will be prepared using English units and drafted in accordance with City standards. - Task 3.1 65% Plans and Estimates Based on the approved geometric concept plans, Dokken Engineering will update the previously prepared sheets and further develop and refine the design to include construction details, drainage, traffic handling, and pavement delineation/signing. The existing Right of Way and proposed Right of Way acquisition outline, temporary and permanent easements and utility easements will be determined and plotted on the 65% Plans. The work to be performed for the Sierra Highway Street Improvements and Pedestrian Bridge Project will be based on the procedures, guidelines, standards, and code contained in the current editions of the following publications: • California Manual of Uniform Traffic Control Devices (Caltrans) • Manual of Uniform Traffic Control Devices (Federal Highways Administration) • Standard Plans for Public Works Construction (American Public Works Association) • The "Greenback' 2012 Edition, standard Specifications for Public Works Construction (American Public Works Association) • AASHTO Bridge Design Specifications with Caltrans amendments • California Building Code • Caltrans Signal and Lighting Design Guide • AB1881 • City of Santa Clarita, Landscape Maintenance District Standards • All Pertinent City policies, codes, and ordinances DOKKEN 3. Work Statement This submittal is anticipated to consist of the following sheets: 65% Submittal As part of the 65% submittal, Dokken Engineering will prepare an Engineer's Estimate of construction costs based on detailed quantity takeoffs and current unit prices. A reasonable upward adjustment will be applied to all bid quantities that may vary during construction to allow for any necessary design adjustments. The final estimate format will be the standard Caltrans estimating system. Quantities for all contract items, including cost of lump sum items, will be substantiated by calculations. Quantity calculations will be neat and orderly and will show all sketches, diagrams and dimensions necessary to allow them to be independently used by field engineers. All quantity calculations will be independently checked and substantiated with independent calculations. Traffic signal modification plans will be prepared for the signals at the intersections of Sierra Highway with Golden Valley Road and Rainbow Glen Drive. The modification will show improvements needed due to the widening of Sierra Highway at the Golden Valley Road intersection. Street lighting plans for the widened area of Sierra Highway and pedestrian scale lighting plans for the trail leading to the bridge will also be prepared, The lighting plans will conform to the City of Santa Clarita, the County of Los Angeles, Southern California Edison and IES standards. Landscape and Irrigation plans, including all appropriate trees, plants, shrubs, hardscaping, irrigation design, details, notes, and legends will be prepared as part of the 65% Plans submittal and will either consist modifications to the existing landscaping plans provided by the City to bring them up to current design standards. These Landscape and Irrigation plans will conform to AB1881. Dokken Engineering will also prepare a specifications outline to describe the items anticipated to be covered in the special provisions. These specifications will be prepared in a format consistent with the 2012 Standard Specifications for Public Works Construction and the 2013 Cumulative Supplement to SSPWC. All necessary project specific specifications will be written for this project. The appendix will include a listing of the standard plans required for the project. DOKKEN 3. Work Statement Title Sheet 1 Survey Control 1 Typical Cross Sections 1 Layout and Profile/Superelevation 3 Temporary Water Pollution Control 3 Construction Details 5 Erosion Control 3 Drainage Plans/Profiles 1 Drainage Details 2 Utility Plans 3 Construction Staging Plans 2 Detour Plans 1 Signing and Striping Plan/Detail 3 Signal Modification and Lighting Plan/Details 7 Construction Area Signs 1 Summary of Quantities 1 Landscape and Irrigation plans 7 TOTAL 45 As part of the 65% submittal, Dokken Engineering will prepare an Engineer's Estimate of construction costs based on detailed quantity takeoffs and current unit prices. A reasonable upward adjustment will be applied to all bid quantities that may vary during construction to allow for any necessary design adjustments. The final estimate format will be the standard Caltrans estimating system. Quantities for all contract items, including cost of lump sum items, will be substantiated by calculations. Quantity calculations will be neat and orderly and will show all sketches, diagrams and dimensions necessary to allow them to be independently used by field engineers. All quantity calculations will be independently checked and substantiated with independent calculations. Traffic signal modification plans will be prepared for the signals at the intersections of Sierra Highway with Golden Valley Road and Rainbow Glen Drive. The modification will show improvements needed due to the widening of Sierra Highway at the Golden Valley Road intersection. Street lighting plans for the widened area of Sierra Highway and pedestrian scale lighting plans for the trail leading to the bridge will also be prepared, The lighting plans will conform to the City of Santa Clarita, the County of Los Angeles, Southern California Edison and IES standards. Landscape and Irrigation plans, including all appropriate trees, plants, shrubs, hardscaping, irrigation design, details, notes, and legends will be prepared as part of the 65% Plans submittal and will either consist modifications to the existing landscaping plans provided by the City to bring them up to current design standards. These Landscape and Irrigation plans will conform to AB1881. Dokken Engineering will also prepare a specifications outline to describe the items anticipated to be covered in the special provisions. These specifications will be prepared in a format consistent with the 2012 Standard Specifications for Public Works Construction and the 2013 Cumulative Supplement to SSPWC. All necessary project specific specifications will be written for this project. The appendix will include a listing of the standard plans required for the project. DOKKEN 3. Work Statement Included in the 65% Plans, Dokken Engineering will evaluate existing and proposed drainage patterns to ensure that the raised median extension will not cause ponding on Sierra Highway. If necessary, appropriate mitigation measures will be designed and included in the 65% plans submittal. Deliverable: 65% Plans, Engineer's Estimate, and Specifications Outline Task 3.2 95% Plans, Special Provisions and Estimates Dokken Engineering will meet with the City to review their comments on the 65% plan set. Response to comments will be documented in a Comment Resolution Matrix and included with the 95% submittal. The plan set will be updated to reflect the comment resolutions. In addition, the bridge design will undergo an independent check of the design and calculations performed by a separate California Registered Civil Engineer. The structure plans will be modified to address the results of the independent design check. As part of the 95% submittal, Dokken Engineering will update the Engineers Estimate and will also prepare a draft set of special provisions based on the outline prepared in the previous submittal. Deliverable: 95% Plans, Structures Design and Design Check Calculations, Draft Special Provisions, and Engineer's Estimote Task 3.3 Final Plans, Special Provisions and Estimates Dokken Engineering will meet with the City to review their comments on the 95% plan set. Response to comments will be documented in a Comment Resolution Matrix and included with the final submittal. Dokken Engineering will revise the PS&E to create the final bid documents for the City to advertise the project for construction. Final technical special provisions will be modified to address any City comments, changes to the plans, or unique revisions to coordinate them with the City boilerplate. Plans and Specifications will be compared a final time for consistency between the plans, specifications and estimate quantities. Under this task, a Resident Engineer's File will be prepared, complete with information necessary for the RE to administer the construction. Final Design cross-sections will be provided at 50 -foot intervals showing both the existing and proposed conditions. The Final PS&E Submittal will include: • 2 Full size Mylar "Original" Plan Sets for Signature • 5 Half size 11"x17" Bond Original Plan Set • 5 copies of the Special Provisions • 5 copies of Engineer's Estimate • 1 copy of the checked quantity calculations • 1 disk containing the Special Provisions in Microsoft Word format, the Engineers Estimate in Excel format, and the design drawings in PDF and AutoCAD Version 2009 or equivalent. • Responses to City comments and original redline drawings • Anticipated Construction Working Day Schedule in Microsoft Project format • PS&E Certification, signed and stamped • RE Pending File TASK 4.0 BRIDGE DESIGN Task 4.1: Type Selection Prior to performing extensive structure design work, structure General Plans will be developed for each bridge alternative along with a Type Selection Report. The Type:Selection Report will follow the format described in Caltrans Memos to Designers 1-29 and 4-3. The report will include discussion on bridge layout, constraints, alternative types DOKKEN 3. Work Statement considered, foundations, clearances, utilities, seismic, constructability, aesthetics and cost. The report will make a recommendation for preferred structure type and Dokken Engineering will present the recommended structure type at the Type Selection Meeting with the City and Caitrans. After the Type Selection Meeting, the Type Selection Memo will be finalized and the General Plan for the proposed structure type will be updated based on comments received at the meeting. Deliverable: Draft Structure Type Selection Memo, General Pian, General Plan Estimate, Final Structure Type Selection Memo, Updated General Plan Task 4.2: Unchecked Details (65% Plans, Special Provisions Outline and Estimate) Following selection of the structure alignment and type, and approval of the General Plans, structure plans and structural design calculations will be prepared on the preferred alternative. All plans and calculations will conform to Caltrans' requirements, including AASHTO _RFD Bridge Design Specifications with Caltrans Amendments, AASHTO _RFD Guide Specifications for Design of Pedestrian Bridges, Caltrans Highway Design Manual, Caltrans' Memos to Designers, Bridge Design Aids Manual, Bridge Design Details Manual and Caltrans Seismic Design Criteria. In close coordination with the City, Dokken Engineering will assemble the calculations, plans, bid item list, special provisions outline and updated estimate of construction cost into the 65% submittal, to be reviewed by Caltrans. The Structure Design will be prepared, signed and stamped by a Professional Engineer registered in the State of California. Deliverable: 65% Structure Plans, Engineer's Estimate, and Specifications Outline Task 4.3: Initial PS&E (95% Plans, Specifications and Estimate) Following completion of the 65% plans and receipt of agency review comments, an independent bridge design check will be performed for the structure. Checking will include the preparation of an independent set of structural design check -calculations in conformance with Caltrans' policy. The independent design check will be prepared; signed and stamped by a Professional Engineer registered in the State of California, who specializes in bridge design. DOKKEN 3. Work statement General Plan 1 General Notes 1 Deck Contours 1 Foundation Plan 1 Abutment Layouts 2 Abutment Details 2 Bent Details 2 Typical Sections - 1 Girder Details 1 Truss Details 4 Railing Details 1 Miscellaneous Details 1 Log of Test Borings (LOTB) 1 TOTAL 19 Deliverable: 65% Structure Plans, Engineer's Estimate, and Specifications Outline Task 4.3: Initial PS&E (95% Plans, Specifications and Estimate) Following completion of the 65% plans and receipt of agency review comments, an independent bridge design check will be performed for the structure. Checking will include the preparation of an independent set of structural design check -calculations in conformance with Caltrans' policy. The independent design check will be prepared; signed and stamped by a Professional Engineer registered in the State of California, who specializes in bridge design. DOKKEN 3. Work statement Upon completion of the independent design check, the designer and checker will compare their results and resolve any differences. Next, the structure plans will be revised as directed by the designer. Both the designer and checker will review the revised plan set and, if satisfactory, this will become the "checked plans' set. Quantity calculations and independently developed quantity check calculations will be developed from the checked plans. After quantity calculations are complete, Doi Engineering will prepare in Microsoft Excel an itemized construction cost estimate based upon checked plans and quantity calculations. Dokken Engineering will prepare Structure Special Provisions for the project in a format consistent with the 2012 Standard Specifications for Public Works Construction (SSPWC) and 2013 Cumulative Supplement o the SSPWC. Where appropriate, Caltrans' Standard Special Provisions will be employed, along with relevant references to the Caltrans Standard Construction Specifications. Caltrans Standard Special Provisions will be modified as appropriate to meet City and SSPWC requirements. These Structure Special Provisions will be prepared, signed and stamped by a Professional Engineer registered in the State of California. All City and outside agency comments will be tabulated in a Review Comment Matrix. Responses to all comments will be added to the matrix, which will be submitted with the 95% PS&E submittal. Structure Technical Specifications will be developed based on the checked plan set and cost estimate, completing the 95% PS&E for submittal to the City and Caltrans. In addition to the PS&E, the 95% submittal will include design and design check calculations. Deliverable: 95% Structure Plans, Structures Design and Design Check Calculations, Draft Special Provisions, Review Comment/Response Matrix, and Engineer's Estimate Task 4.4: Final Plans, Special Provisions and Estimates Upon receipt of comments on the 95% submittal package, Dokken Engineering will schedule a review session, if required, with the City and Caltrans to discuss review comments and resolve any conflicting comments. Prior to the 100% design submittal, Dokken Engineering will perform an internal quality and constmctability review of the entire PS&E package to ensure that the documents are "biddable, buildable, and administrable." Corrections to the PS&E documents are made as per the review comments. The 100% Structures PS&E will incorporate all applicable comments on the 95% Structure PS&E received from the City and Caltrans. Any final comments on the 100% PS&E will be incorporated and the roadway and bridge plans will be combined into a single set of bid documents. Additional documents that are prepared at this stage are the working day schedule, 1" = 4' deck contours plot, and the "Resident Engineer (RE) Pending File". Deliverable: 100% Structure Plans, Structures Quantity and Quantity Check Calculations, Updated Special Provisions, Updated Review Comment/Response Matrix, and Updated Engineer's Estimate The Final PS&E Submittal to the City will include: • 2 Full size Bond Original Plan Sets for Signature • 5 Half size 11"x17" Bond Original Plan Set • 5 copies of the Special Provisions • 5 copies of Engineer's Estimate ®DOKKEN 1111111.1- 1. 3. work Statement • 1 disk containing the Special Provisions in Microsoft Word format, the Engineers Estimate in Excel format, and the design drawings in PDF • Original redline drawings • Anticipated Construction Working Day Schedule • PS&E Certification, signed and stamped • RE Pending File TASK 5.0 GEOTECHNICAL REPORT Task 5.1 Geotechnical Investigation and Reports Geocon will supplement the information received during Preliminary Investigation and will complete the following tasks. Task 5.1.1 Pre -Field Activities Geocon will perform a review of published geologic maps, and other literature pertaining to the site to aid in evaluating geologic hazards that may be present. The literature review will consist of a review of available records from the U.S. Geological Survey, California Geological Survey, California Department of Water Resources, as well as County and local agencies. They will also contact Underground Service Alert to delineate public utilities and easements within the sites prior to performing drilling operations. Encroachment Permits from Caltrans and the City will be obtained as needed prior to proceeding with any site investigations. Task 5.1.2 Field Explorations Geocon will perform the following in field explorations: • Perform a site reconnaissance, by a Certified Engineering Geologist, along the length of the proposed alignment to observe the existing conditions. • Excavate four small diameter test borings utilizing a track -mounted limited access hollow -stem auger drilling machine to depths of up to 100 feet below the ground surface. Perform sampling and SPT testing during excavation of the borings, examine the prevailing soil conditions, determine depth of groundwater, if any, and gather the information necessary for design of the proposed structures and improvements. • Backfill and compact boring excavations and restore the ground surface as necessary. Task 5.1.3 Laboratory Testing Geocon will perform laboratory tests on selected soil samples to evaluate in-situ density, shear strength, compaction and expansion characteristics of the prevailing soil conditions. Testing for Water -Soluble Sulfate of the soils for concrete corrosivity, design will also be included. Task 5.1.4 Engineering Analysis and Report Preparation Geocon shall prepare a site specific Geotechnical Design Report, Foundation Report and Pavement Design Report presenting their findings, conclusions, and recommendations regarding the geotechnical aspects of developing the project as presently proposed. The reports will include grading specifications, excavation characteristics, foundation, retaining wall, and slab design criteria, and an evaluation of seismic hazards according to the scope of work provided. This site specific Geotechnical Design Report will be provided to the City's Development Services Division, structural review consultant, and Caltrans in "Draft" format. Geocon will respond to all comments, and subsequently prepare the "Final" site specific Geotechnical Design Report. The reports will contain conclusions and recommendations regarding the following: • Description of subsurface soil and geologic conditions, controlling engineering properties of the encountered materials, boring logs, a plan indicating boring locations and their elevations relative to the nearest bench mark, and summary of groundwater levels. • Discussion of various foundation types that may be considered for the planned improvements, including spread footings and deepened foundations, if necessary. Foundation and retaining wall design parameters, allowable vertical and lateral DOKKEN 3. Work Statement capacities, and expected short-term, long term and differential settlements. Allowable passive pressures and coefficient of friction will be provided. • Site grading recommendations, suitability of the site soils for use as compacted fill and criteria for backfill soils, including imported fill materials and recommendations to mitigate the effects of expansive soils, if any. • Recommendations regarding design and construction of pavements, recommended procedures for subgrade preparation and criteria for subgrade testing during construction. • Recommendations regarding temporary and permanent excavations, including permissible slope angles, treatments necessary to provide stable slopes and design criteria for bracing or shoring of vertical excavations. Excavations adjacent to property lines will be addressed. • Recommendations regarding temporary and permanent dewatering, if necessary. The seismic hazard evaluation will include the following: • Evaluation of the potential for surface ground rupture due to faulting. • Evaluation of secondary earthquake effects including strong ground shaking, liquefaction, inundation, and earthquake induced settlement and landsliding. • Determination of the location, extent and seismic characteristics of local and regional faults, which might affect the site. • Evaluation of expected ground motions from deterministic and probabilistic seismic hazard analysis based on historic earthquake data and existing geologic evidence. Deliverables: -'Draft' Geotechnical Design Report (3 copies) -Response to Comments Matrix (3 copies) -Approved Geotechnical Design Report (3 copies) TASK 6.0 CONSTRUCTION MANAGEMENT SUPPORT (OPTIONAL) Task 6.1 Bidding Assistance Dokken Engineering will be available to assist the City with preparation of the bid package and project description for project advertisement. Dokken Engineering will be available for responding to bidder inquiries, either directly or through the City, as determined by the City. Dokken Engineering will also be available to attend a Pre -Bid Meeting, at the City's discretion. Task 6.1.1 Pre -Bid Meeting Dokken Engineering will attend the Pre -Bid Meeting and will prepare Agendas, sign in sheets, and meeting minutes as required by the City. Task 6.1.2 Responses to Bidder Inquiries Dokken Engineering will prepare responses to any questions regarding the plans and specifications as requested by the City. Task 6.1.3 Preparation of Addenda Dokken Engineering will prepare any necessary Addenda to the project plans and specifications at no cost to the City. Task 6.1.4 Bid Evaluation Dokken Engineering will review the bids received for the project and will prepare a bid summary sheet, check bid calculations, analyze the bid for irregularities (unbalanced bids), and will provide a letter with a recommendation for award of bids to the lowest responsible, responsive bidder. Task 6.2 Design Support during Construction The Dokken Engineering team consists of civil, geotechnical, and structural engineers; surveyors, engineering geologists, construction managers, landscape architects, and environmental specialists that will be available to support the City in any way during construction of this project. ®DOKKEN ..,„1,.,,,.,. 3. work Statement Task 6.2.1 Pre -Construction Meeting Dokken Engineering will attend up to one pre -construction meeting. Dokken Engineering will prepare meeting notes, answer questions, and provide clarification to the plans as required. Task 6.2.2 Weekly Construction Meetings Dokken Engineering will attend weekly construction meetings as directed by the City. Task 6.2.3 Respond to Requests for Information (RFI) and Change Requests (CR) Dokken Engineering will provide ongoing consultation and interpretation of contract documents as requested. Written responses will be provided to all RFls and supplemental or revised drawings may be issued to provide clarity to the Resident Engineer and Contractor. RFI or CR will be responded to within 3 working days from the time of notification. Task 6.2.4 Review of Shop Drawings This task includes reviewing and stamping shop drawings as "Returned for Corrections", "Approved as Noted", or "No Exceptions Taken". Shop drawings will be reviewed for conformity with the plans and specifications. Any corrections will be clouded in red and returned to the Resident Engineer. Task 6.2.5 Contract Change Order(CCO)Support Dokken Engineering will assist the City's Project Manager and Resident Engineer in reviewing CCO requests. Dokken Engineering will review each CCO, prepare a construction cost estimate for the changes associated with the CCO, and provide a recommendation to the City's Project Manager and RE. Task 6.3 Project Close-out The Dokken Engineering team will work with the City's Project Manager and Resident Engineer to Close-out the project. The team will ensure that all work was performed to the plans and specifications for the project, that all cut sheets, product literature, and warranty information is provided, and that any necessary training of maintenance staff has been provided and documented. Task 6.3.1 Final Inspection Dokken Engineering's Project Manager, the Bridge Design Lead, and the Landscape Architect of Record will perform the final inspection and develop a "punch -IIsi" of pending construction items prior to project close-out. Task 6.3.2 As -Built Plans Using mark-ups received from the Resident Engineer, the Contractor and Subcontractors, and supplemental or revised drawings from addenda or RFIs, Dokken Engineering will prepare the final record drawings. These drawings will be prepared electronically in AutoCAD 2009 or equivalent format and provided in both PDF and in full-size mylars. ®DOKKEN 3. Work Statement TASK 7.0 ENVIRONMENTAL SUPPORT (OPTIONAL) Dokken Engineering shall provide assistance in coordinating with Caltrans District 7 Local Assistance (Caltrans) for delivery and environmental approval per requirements of the California Environmental Quality Act (CEQA). The City will be the Lead Agency under CEQA. Due to the developed nature of the site, there is anticipated to be no mitigation for impacts to the environment. The following environmental documentation is needed to support a CEQA Initial Study (IS) which will lead to a Negative Declaration. Task 7.1 Environmental Reconnaissance Research and Surveys Dokken Engineering will conduct field surveys and literature research to determine the existence or potential occurrence of hazardous material/waste, sensitive biological resources, and cultural resources. A hazardous waste record search will be conducted through Environmental Data Resources (EDR) to identify all hazardous waste sites located within the project study area. A visual survey of the project area will be conducted to identify any obvious areas of hazardous waste contamination. A biological literature review and database record search will be conducted In order to obtain lists of sensitive federal and State species that have the potential to occur within the project. Research will be conducted through the California Natural Diversity Data Base (California Department of Fish and Wildlife [CDFW], 2013) and the California Native Plant Society's Electronic Inventory of Rare and Endangered Vascular Plants of California (Skinner, et al., 2004). A list of threatened and endangered species known in the project vicinity will be obtained from the United States Fish and Wildlife Service (USFWS). Dokken Engineering biologists will conduct fieldwork in order to assess the presence/absence of sensitive biological species (e.g. species or habitats). Based on initial research and experience with projects in this area, no sensitive species are anticipated. The project area avoids all impacts to sensitive Coastal Sage Scrub habitat, as well as nearby Critical Habitat for the California coastal gnatcatcher. Dokken Engineering archaeologists will perform a review of location maps, project plans, site photos, aerial photos, and the results of an archaeological records search for the project area. Upon completion of this review the potential impact of the project will be determined. Cultural impact is anticipated to be non-existent or minimal. Task 7.2 CEQA Documentation Dokken Engineering will incorporate the purpose and need, project description, and the results of the environmental reconnaissance research into the draft environmental document. The required tasks to complete the environmental documents are provided below. Task 7.2.1 Draft CEQA Initial Study and Proposed Negative Declaration (IS/ND) Consistent with CEQA regulations, Dokken Engineering will prepare a draft IS/ND using the environmental analysis prepared in the environmental reconnaissance. The Initial Study will evaluate the existing environmental resources, identify any potential impacts associated with construction of the project, and list any avoidance and minimization measures. All environmental impacts will be avoided or reduced to a less than significant level. Deliverable: Draft IS/ND Task 7.2.2 Public Circulation Dokken Engineering will produce the draft IS/ND for public review. The IS/ND will be made available to the general public and responsible agencies to solicit comments on the project and environmental issues. Dokken Engineering will prepare the requisite public notices and hard copies of the document and technical studies for distribution of the IS/ND. Dokken Engineering will coordinate publication of the public notice in the local newspaper. Public notices will also be mailed to local residents within the immediate vicinity of the project site. A public meeting is not anticipated to be necessary and is not included in this scope. Deliverable: Public Notice, mailings Task 7.2.3 _. Responses to Comments DOKKEN t., rl,L:ain.. 3. Work Statement At the close of the public review period for the IS/ND, Dokken Engineering will meet with City staff to review any comments on the IS/ND that were received, and to discuss potential responses to these comments. Dokken Engineering will then formulate responses to the comments on the IS/ND. Once a response to comments has been completed, it will be submitted to the City for review. The City's direction will be incorporated into the response to comments document, which will become an appendix in the Final IS/ND document. Deliverable: Response to Comments IS/ND Appendix Task 7.2.4 Final IS/ND After all public comments have been suitably addressed, Dokken Engineering will prepare a Final IS/ND document pursuant to CEQA guidelines. After the City has reviewed and approved the final environmental document, Dokken Engineering will prepare a Notice of Determination to be filed with the Los Angeles County Clerk's Office. Filing of this Notice of Determination will complete the CEQA process for this project. Deliverable: Final IS/ND, Notice of Determination' DOKKEN 3. Work Statement m om om O� mZ 0 0 m m m v m Ch D Z W v C) m m IIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIE 1�Ulm11111111111111M. m om om O� mZ 0 0 m m m v m Ch D Z W v C) m m EXHIBIT B - PROPOSED FEE Preliminary Investigation Plro'jectivlanagemein't� 26,500:' Street Improvement Design $ 85,000 Bridge Design- $ 88,000 Geotechnical Report 30,764 Survey $ 14,408 Landscape Design $ 15,000 Total,F,L.e. $459,672` R§DOKKEN 11,111 - EXHIBIT B