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CC - Item IV.CC-A - Approval Of Undertaking Agreement & Acceptance Of Easements For Tract Map 52575W 5 E M p staf �Q9YONPlE0 . epor TO: FRANK G. TRIPEPI, CITY MANAGER FROM: KEN RUKAVINA, CITY ENGINEER f-� " �� DATE: SEPTEMBER 5, 2000 RE: APPROVAL OF UNDERTAKING AGREEMENT AND ACCEPTANCE OF EASEMENTS FOR TRACT MAP 52575 3331 BURTON AVENUE Attached for consideration and approval is an Undertaking Agreement for the installation of sewer and right -of -way improvements associated with the subject tract. An irrevocable Letter of Credit in the amount of $118,500.00 has been submitted to the City in lieu of surety bonds. A 26 -foot wide easement upon the private driveway and fire lane for sewer purposes and a 4 -foot dedication for pedestrian purposes along the Burton Avenue frontage will be granted on the map. Also attached for your information is a copy of the tract map and Planning Commission's Conditions of Approval. RECOMMENDATION It is recommended that City Council: 1. Approve the undertaking agreement; 2. Accept the dedication of the sewer and pedestrian easements; and 3. Direct the City Clerk to arrange for the recordation of the map. Attachment otl.vc�ie- AroeA-xdA 2000rsmd /staff rptfdty !� 2 2007 ITEM No- � CITY OF ROSEMEAD UNDERTAKING AGREEMENT THIS AGREEMENT made and entered this 12th day of Septemeber , 2000, by and between the CITY OF ROSEMEAD, State of California, acting by and through its City Council, hereinafter referred to as "CITY" and Lanh T. Trinh. Yen Tran and Long B. Trinh (NAME) (ADDRESS) hereinafter called the "CONTRACTOR." WITNESSETH: FIRST: The CONTRACTOR, for and in consideration of the approval of the final map of that certain land division known as Tract Map 52575 hereby agrees, at the CONTRACTOR'S own cost and expense to furnish all labor, materials, and equipment necessary to perform and. complete, and within twenty -four (24) months from the date of filing of said map, to perform and complete in a good and timely manner, the following work, to wit: Private driveway, miscellaneous public right -of -way improvements, and mainline sewer, sewer laterals and appurtenances. Said work shall be done to the satisfaction of the City Engineer and shall not be deemed complete until approved and accepted as completed by the City Council of the JUL. -10' 00 MID) 14:23 CITY OF ROSEMEAD TEL:626- 301 -9218 P.003 CITY. The estimated cost to do all work and furnish all materials 'necessary to complete -the work is $79,000 SECOND: The CITY shall not nor shall any officer or employee thereof; be liable or responsible for any accident, loss, or damage happening or occurring to the work specified in this agreement prior to the completion and approval of same; nor shall the CITY, nor any officer or employee thereof, be liable for any persons or property Injured by reason of the nature of sold work, or by reason of the acts or omissions of the CONTRACTOR, his agents, or employees, in performances of said work All of sold liabilities shall be assumed by the CONTRACTOR. The CONTRACTOR further agrees to protect and hold harmless the CITY, its officers, and employees, In performance of said work All of said liabilities shall be assumed by the CONTRACTOR. The CONTRACTOR further agrees to protect and hold harmless the CITY, its officers, and employees, from any and all claims, demands, causes of action, liability, or loss of any sort because of, or arising out of, the acts or omissions of the CONTRACTOR, his agents, and employees, in the performance of this agreement, or arising out of the use of any patent or patented article, In the performance of said agreement. THIRD: The CONTRACTOR hereby grants to the CITY, the Surety upon any Bond, and to the agents, employees, and CONTRACTOR or either of them, the Irrevocable permission to enter upon the lands of the subject land division for the purpose of completing the work. This permission shall terminate in the event that the CONTRACTOR or the Surety has completed the work within the time specified or any extension thereof granted by the City Council. FOURTH: It is further agreed that the CONTRACTOR shall have the Control of the ground reserved for the installation of said work, and the streets in which they are to be placed, as is necessary to allow him to carry out this agreement JUL. -20' OOMD) 14 :23 CITY OF ROSEMEAD TEL :626- 301 -9218 P.004 FIFTH: it is further agreed that the CONTRACTOR has..fied..w@hthe CITY an irrevocable Letter of Credit In the amount equal to $118,500 ow guarantee faithful performance or all the provisions of this Agreement and for the payment of all persons performing labor and furnishing material in connection with this agreement If the irrevocable Letter of Credit in the opinion of the CiTY, become insufficient, CONTRACTOR agrees to replenish said Letter of Credit within ten (10) days of the receiving notice that said Sureties, are insufficient SIXTH: If the CONTRACTOR neglects, refuses, or falls to prosecute the work with such diligence as to ensure its completion within the time specified, or within such extensions of said time as have been granted by the City Council, or if the CONTRACTOR violates or neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications, he shall be in default of this agreement and notice in writing of such default shall be served upon him and upon any Surety in connection with this contract. The City Council shall have the power, on recommendation of the City Engineer, to terminate all rights of the CONTRACTOR or his Surety then existing or which thereafter occur because of such default. The determination by the City Engineer of the question as to whether any of the terms of the contract or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the CONTRACTOR his Surety, and any and all other parties who may have any Interest In the contract or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies available to the CITY under law. SEVENTH: In case suit is brought upon this contrail, the CONTRACTOR hereby agrees to pay to the CITY a reasonable attorney's fee to be fixed by the Court EIGHTH: It is further agreed by and between the parties hereto, including the Surety or Sureties on any Bond attached to this contract, that in the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this OPL. -20' 00 WEN 14:24 CITY Of ROSEMEAD TEL:626- 307 -9218 P.005 contract, said extension may be granted by the City Council, either at its own option, or upon request of the CONTRACTOR and shall in no way affect the validity of this contract or release the Surety of Sureties on any Bond attached hereto. IN WITNESS THEREOF, the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of this agreement and affix their names, titles, and seals this day as above Indicated. r 7 By Lanh T. TRINH Byj n -nry Yen TWN v� (Seal) R Long • TRINH Note: SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. (ATTACH APPROPRIATE ACKNOWLEDGEMENTS) �.o o�w�. o �o• ���o+ �o+ wko �n�w� .o�o*o�o�o , AcInowledgenrieril State of CALIFORNIA On August 4, 2000 before me, Sandy Lee Countyof Los Angeles w .., S'A DY LEE 3 D' (Y]F9M. K `242626 Q ±I„ tJOTARYPU9LIL- 6ALIFORNIA0 LOS ANGELES COUNTY 0 1 6 OOMPA. EXP. NOV. 19, 2007 (This area for official seal) } Tic Trin , Yen Tran and Lon personally appeared Lan g Bach Trinh------------- - - - - -- personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nome(s) is /are subscribed to the within instrument and acknowl- edged to me that he /she /they executed the some in his /her /their authorized capacity(ies), and that by his /her /their signoture(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. /2 Signature ATTENTION NOTARY: Although the Information requested below is OPTIONAL, it could prevent fraudulent attachment of this another document THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document Undertaking Agreement TO THE DOCUMENT DESCRIBED AT RIGHT: . Number of Pages 4 Date of Document August 4, 2000 Tr -I too (11/90) Signer(s) Other Than Named Above w�o�o��.o�o•o*o*o�w�� ��o• o* o�o�o* o +ww�o>,ow��w�o�o+�•o�o•o.o�o� q pN g ASIAN PACIFIC NATIONAL BANK MEMBER FRB MEMBER FDIC August 28, 2000 Ken Rukavina, P.E. City Engineer City of Rosemead 8838 E. Valley Boulevard Rosemead, CA.,91770 Re; L/C # 103 $118,500.00 Tract Map # 52575 Dear mr. Rukavina: The above Standby Letter of Credit is issued for a period up to one year, in keeping with our policy. In the event that the work required is not completed satisfactorily within the one year period, you may notify this bank that you require an extension for one more year, and that notification should be submitted thirty days prior to its expiration. Yours truly, , - x . c GLt.L-- Authorized signature MAIN OFFICE: 333 WEST VALLEY BOULEVARD, SAN GABRIEL, CALIFORNIA 91776 -3726 • (626) 457 -0888, FAX: (626) 457 -1708 REGIONAL OFFICE: 17576 EAST COLIMA ROAD, ROWLAND HEIGHTS, CALIFORNIA 91748 • (626) 810 -7081, FAX: (626) 810 -8641 CITY OF ROSEMEAD UNDERTAKING AGREEMENT THIS AGREEMENT made and entered this 12th day of Seotemeber , 2000, by and between the CITY OF ROSEMEAD, State of California, acting by and through its City Council, hereinafter referred to as "CITY" and Lanh T. Trinh Yen Tran and Long B. Trinh (NAME) (ADDRESS) hereinafter called the "CONTRACTOR." WITNESSETH: FIRST: The CONTRACTOR, for and in consideration of the approval of the final map of that certain land division known as Tract Map 52575 hereby agrees, at the CONTRACTOR'S own cost and expense to furnish all labor, materials, and equipment necessary to perform and complete, and within twenty -four (24) months from the date of filing of said map, to perform and complete in a good and timely manner, the following work, to wit: Private driveway, miscellaneous public right -of -way improvements, and mainline sewer, sewer laterals and appurtenances. Said work shall be done to the satisfaction of the City Engineer and shall not be deemed complete until approved and accepted as completed by the City Council of the JUL. -20'00(ttED) 14:23 CITY OF ROSEMEAD TEL:626-301 -9216 P.003 CITY. The estimated cost to do all work and fumish all materials necessary to complete -the work is $79,000 SECOND: The CITY shall not nor shall any officer or employee thereof, be liable or responsible for any accident, loss, or damage happening or occurring to the work specified in this agreement prior to the completion and approval of same; nor shall the CITY, nor any officer or employee thereof, be liable for any persons or property Injured by reason of the nature of said work, or by reason of the acts or omissions of the CONTRACTOR, his agents, or employees, in performances of said work All of said liabilities shall be assumed by the CONTRACTOR. The CONTRACTOR further agrees to protect and hold harmless the CITY, its officers, and employees, in performance of said work. All of said liabilities shall be assumed by the CONTRACTOR. The CONTRACTOR further agrees to protect and hold harmless the CITY, its officers, and employees, from any and all claims, demands, causes of action, liability, or loss of any sort because of, or arising out of, the acts or orntsslons of the CONTRACTOR, his agents, and employees, in the performance of this agreement, or arising out of the use of any patent or patented article, In the performance of said agreement THIRD: The CONTRACTOR hereby grants to the CITY, the Surety upon any Bond, and to the agents, employees, and CONTRACTOR or either of them, the irrevocable permission to enter upon the lands of the subject land division for the purpose of completing the work. This permission shall terminate in the event that the CONTRACTOR or the Surety has completed the work within the time spect ied or any extension thereof granted by the City Council. FOURTH: It is further agreed that the CONTRACTOR shall have the Control of the ground reserved for the installation of said work, and the streets in which they are to be placed, as is necessary to allow him to carry out this agreement ,JUL. -20' OOWD1 14:23 CITY OF ROSEMEAD TEL:626- 307 -9218 P.004 FIFTH: it is further agreed that the CONfRACT0111MafiectM&Lft CITY an it evocabin Letter of Credit in the emount equal to $118,504$W guarantee faithful performance or all the provisions of this Agreement and for the payment of all persons performing labor and furnishing material in connection with this agreement If the irrevocable Letter of Credit in the opinion of the CITY, become insufficient, CONTRACTOR agrees to replenish said Letter of Credit within ten (10) days of the receiving notice that said Sureties, are insufficient SIXTH: If the CONTRACTOR neglects, refuses, or fails to prosecute the work with such diligence as to ensure its completion within the time specified, or within such extensions of said time as have been granted by the City Council. or if the CONTRACTOR violates or neglects, refuses, or falls to perform satisfactorily any of the provisions of the plans and specifications, he shall be in default of this agreement and notice in writing of such default shall be served upon him and upon any Surety in connection with this contrail. The City Council shall have the power, on recommendation of the City Engineer, to terminate all rights of the CONTRACTOR or his Surety then existing or which thereafter occur because of such default The determination by the City Engineer of the question as to whether any of the terns of the contract or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the CONTRACTOR. his Surety, and any and all other parties who may have any Interest In the contract or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies available to the CITY under law. SEVENTH: In case suit is brought upon this contrail the CONTRACTOR hereby agrees to pay to the CITY a reasonable attorney's fee to be fixed by the Court EIGHTH: It is further agreed by and between the parties hereto, including the Surety or Sureties on any Bond attached to this contract, that In the event it Is deemed necessary to extend the time of completion of the work contemplated to be done under this oUL. -2010 WED) 14:24 CITY OF ROSEMEAD TEL:626- 307 -9118 P.005 contract, said extension may be granted by the City Council, either at its own option, or upon request of the CONTRACTOR and shall in no way affect the validity of this contract or release the Surety of Sureties on any Bond attached hereto. IN WITNESS THEREOF, the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of this agreement and affix their names, titles, and seals this day as above Indicated- B Lanh T. TRINH By Yen TIVN (Seal) ja ' Long TRIIQH Note: SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. (ATTACH APPROPRIATE ACKNOWLEDGEMENTS) ��orw�. o����. o ���. o�ww��o. ���m��� , o���o•w��w+.o�o�w�.o+w+�o� Acknowledgement State of CALIFORNIA On August . 4, 2000 before me. Sandy Lee County of Los Angeles SS. SANDY LEE V CO(JIIY. 01242626 Q w•``_ NOTARY PUBLIC-CALIFOR NIA 6) LOS ANGELES COUNTY COWA. EXP. NOV. 19, 2000 s personally appeared L an h Tic Trin , Yen Tran and Long Bach Trinh ----------- -------- personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and ocknowl- edged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. /2 / _- (This area for official seal) Signature l ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this c&Oificate to another document THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document Undertaking Agreement TO THE DOCUMENT DESCRIBED AT RIGHT: Number of Pages 4 Date of Document August 4, 2000 Tr- 1 100 (11/90) Signer(s) Other Than Named Above q pN g ASIAN PACIFIC NATIONAL BANK MEMBER FRB MEMBER FDIC August 28, 2000 Ken Rukavina, P.E. City Engineer city of Rosemead 8838 E. Valley Boulevard Rosemead, CA.,91770 Re; L/c # 103 $118,500.00 Tract "dap # 52575 Dear Mr. Rukavina: The above Standby Letter of Credit is issued for a period up to one year, in keeping with our policy. In the event that the work required is not completed satisfactorily within the one year period, you may notify this bank that you require an extension for one more year, and that notification should be submitted thirty days prior to its expiration. Yours truly, Authorized signature MAIN OFFICE: 333 WEST VALLEY BOULEVARD, SAN GABRIEL, CALIFORNIA 91776 -3726 • (626) 457-4888, FAX: (626) 457 -1708 REGIONAL OFFICE: 17576 EAST COLIMA ROAD, ROWLAND HEIGHTS, CALIFORNIA 91748 • (626) 810 -7081, FAX: (626) 810 -8641 A PN B ASIAN PACIFIC NATIONAL BANK MEMBER FRB MEMBER FDIC City of Rosemead 8838 E. Valley Boulevard Rosemead, CA., 91770 Gentlemen: August 4th, 2000 L/C # 103 $118,500.00 Expires August 4,2001 Lie hereby establish our irrevocable standby letter of credit number #103 in your favor for account.of: Lanh T. TRIM, Yen TRAM and Long B. TRINH To the extent of U.S.$118,500.00 ( U.S.Dollars One hundred eighteen thousand five hundred 00 /100), available by your sight draft drawn on us, accompanied by your signed statement certifying that the a of the draft represents: Non - performance of their Undertaking Agreement dated the 4th day of August, 2000, to perform and ccrrplete in good and timely manner, the following work, to wit: Private driveway, miscellaneous public right - of-way improvements, and mainline sewer, sewer laterals and appurtenances; for Tract !dap 52575. All drafts drawn under this letter of credit must be marked "drawn under Asian Pacific National Bank letter of credit number #103. Tie hereby engage with you that drafts drawn under and in compliance �-rith the terms of this letter of credit will be duly honored if drawn and negotiated,on or before 4th of August, 2001. This letter of credit is subject to the International Standby Practices 98, International Chamber of Commerce, Publication No. 590. p<cs,��� r q 1 � j t 1 ti Authorized signature MAIN OFFICE: 333 WEST VALLEY BOULEVARD, SAN GABRIEL, CALIFORNIA 91776 -3726 • (626)457-4888. FAX: (626) 457 -1708 REGIONAL OFFICE: 17576 EAST COLIMA ROAD, ROWLAND HEIGHTS, CALIFORNIA 91748 • (626) 810 -7081, FAX: (626) 810 -8641 APPLICATION AND SECURITY AGREEMENT FOR STANDBY LETTER OF CREDIT T0: ASIAN PACIFIC NATIONAL BAhTi 333 West Valley Blvd. Sra G,Driei, Dale o Appliwl on L/C Nu ,(For sank Use Only( 4th August, 2000 I N.. #103 Gleam Issue you Inevocable Slaneby Lever of Creed on SWSWeially me temp end oon6110re es Ir9katee taaeln California. Applicant Lanh T. TR;NB Yen TRAN Long B. TRINH Beneficiary CITY OF ROSEKEAD 8838 E. Valley Boulevard Roeene.. CA.. 91770 Advising Bank - AMOUNT Imaint. Cvrerey Typ e - i.e. u.s. s- ano spetlh emoinl in rv� ens wore.( $118 Emezlion Data xplres at Check one: ID Available by Draft(s) drawn on you or your Correspondent at sight accompanied by the following document(s): 18 Available as follows: By DRAFT accoff Ly statement that Applicants hav not nerfoxmed and ocwleted the UNDERTAKING AC_RT'FYRFW dai-pd the 4th day of Au rnjGt 9000 f r +hat r•nr-t-ain lanrl clivicinn ' knrxun as TRACT MAP 52575 to tit• — Prig 7a i-c rlri i rrn r m i c l 1 f.L_ i n - f nprl g hf y , PROHIBITED X • - Uwe hereby agree to the terms and the conditions. covenants and agreements above and In the Security Agreement of the reverse hereof. Tanh T. 2TR]!p)icant -Firm Name - - -C ZM Yen Customer- thorized 'Ignature y Long -Authorized Signature STANDBY LETTER OF CREDIT AND SECURITY AGREEMENT In consideration of your opening at our request a letter of Credit in accordance with the terms staled on the reverse side hereof. and you or your correspondents' accepting or paying drafts at our request a for our account we, and each of us, hereby represent. warrant and agree, as follows: 1. We will pay you in lawful money Of the United States of America at your once on demand in the case of sight drafts, and at such times before maturity as you may require to enable you to meet payment at least one business day before maturity in the case of time drafts, an amount sufficient to pay all monies to be paid by you or your Correspondents to meet disbursements of any kind or Character make or to be made pursuant to said letter of Credit, together with interest commissions, charges and any and all such payments to be made by us. 2. We hereby grant to you a security interest in all goods and documents, and the proceeds thereof, which shall come into our possession m Control, or in which we may acquire an interest, or which shall come into the possession or control of you a any of your Correspondents as a result of opening or in Connection with any transactions under said letter of Credit or otherwise, as security (a) for all payments made or to be made by you or your correspondents pursuant to said letter of Credit (b) for all interest. commission or other charges in relation to said letter of credit: (c) for any other obligations of any of us to you. At any time and from time to time, on demand. we agree to deliver, convey, transfer, or assign to you, as security, for any and all of out liabilities hereunder or other or otherwise, which are now or may at any time hereafter be awing by any of us to you, additional property of a value and character satisfactory to you, or to make such payment as you may require. We will, at our expense, do, make, procure, execute and deliver all acts, things, Writing and assurances as you may at any time require to protect, assure or enforce your Interests, rights and remedies Created by, provided nor emanating from this agreement. including but not 6mfled to execution of writings, documents and instruments required by you to perfect this seariy interest under the California Uniform Commercial Code. 7Any change or modifications with respect to the terms or provisions of said letter of credit m any of the matters or things herein Contained must be in writjng and signed by us, shag be effective Only after receipt thereof and agreement thereto by you and all other concerned parties and shall have no effect upon actions taken by you or by your correspondents prim to such receipt and shag have no effect upon the remaining terns w provision of the said letter of Credit or this agreement Any such changes or modifications made by any of us shall be deemed to have been made by all of us. s. To indemnify and save you and/or your correspondents harmless against and from and to pay to you and/or your Correspondents on demand any and all 1053, liability, damage. Cost and expense, including reasonable attorneys fees (including Costs of in -house counsel), arising out of the issuance by you or any of your Correspondents of letters or guaranty m Indemnity (including costs of irvhouse counsel) to enable us or our agents to obtain delivery of the property a any portion thereof in the absence of the relative documents. We also agree to take Immediate steps upon the issuance by you or any of your Correspondents of any such letters of guaranty Indemni to Cause the prompt delivery to you m your corespondents, at the case may be of the missing documents Covered by such letters of guaranty or Indemnity, in order that you or your correspondents may surrender the same to the addressee of such letters. If upon receipt of such documents Covering any of the property, you ford such documents to be inoorect, defective, m not in conformity with the terms of the said letter of Credit, you are nevertheless authorized to accept and/or pay the dmfts(s) Covering said documents with the same face and effect as though such documents were in full and exact compliance with the terms of the said letter of credit. S. Upon any default by of us in any of the understandings herein set foM, m upon the failure of any of us forthwith, With or without notice, to fumish satisfactory additional collateral or to make payments on account as herein agreed to perform or comply with any of the other terms m provisions of this agreement or in the event of failure in business, dissolution, termination of existence or Insolvency of any of us, or in Case any petition in bankruptcy should be riled or against any of us, m any proceeding in bankruptcy or under any Acts of Congress relating to the relief of debtors should be Commenced for the relief or readjustment of any indebtedness of any of us either through - reorganization, Composition, extension, arrangement or otherwise, or if any of us should make an assignment for the benefit of Creditors a take advantage of any insolvency law, a if a receiver of any of our property should be appointed at any time, or if any of our funds or other property which may be in or come into your possession m Control a that of any third party acting on your behalf as aforesaid should be attached or distrained m should be m became subject to any mandatory order of court or other legal process, then, m at any time after the happening of any such event any or all of the aforesaid obligations and/or liabilities of each of us shall, at your option, become due and payable immediately, without demand m notice: and you shag have the remedies for a seared party under the California Uniform Commercial Code and full power and autority are hereby given you to the full extent permissible by law to sell, assign, and deliver all or any of the property hereinbefore referred to, or any substitutes therefor, w any additions or accessions thereto, m any other property upon which you have hereinbefore given a lien of security Interest at any public m private sale, at your option, either for cash m on Credit or for future delivery, without assumption of any Credit risk, and to the full extent permissible by law, without either demand, advertisement m notice of any kind, all of which are hereby expressly walved. At any such sale, you may, at your sole discretion. to the full extent permissible by law, purchase the whole or any part of the property sold, tree from any right m redemption on our part, all such rights being also hereby waived and released. In the event of any sale m other disposition of any of the property as aforesaid, after deducting all cost m expenses of every kind for retaking, holding, care, safekeeping, collection, preparation for sale, sale, delivery w otherwise, including reasonable attorneys' lees and legal expenses Qncluding Cost of In -house counsel) incurred by your Connection therewith, you may apply the residue of the proceeds of the sale m other disposition thereof to the payment w reduction, either In whole or in pan, of all m any of our obligations and/or liabilities, whether then due a not due, making proper allowance for the interest on obligations or liabilities not then due, and returning the surplus, if any, to us or to the person or persona entilled thereto: all without prejudice to your right against us with respect to any and all amounts which may be a remain unpaid on any of our said obligations and/or liabilities. No delay on your part m that of any assignee a transferee hereunder in exercising any rights m options under this agreement shag operate as a waiver of any such rights m prejudice your rights m against us. 9.You are hereby authorized, at your option and without any obligation to do so, to transfer to and/or register In the name of your nominee all or part of the property which you may be held by you as security at any time hereunder, and to do so before or after the maturity of any of the said obligations anam liabilities and with a without notice. 7.You shall not be deemed to have waved any of your rights hereunder unless you or your duly authorized agent have signed such waiver in writing. No such waiver, unless expressly sou stated therein, shall be effective as to any transaction which occurs subsequent to the date of such waiver nor as to any Continuance of a breach after such waiver. a. Said Letter of Credit shall be subject to and performance by you, your Correspondents and the beneficiaries thereunder shall be governed by the 'Uniform Customs an Practice for Documentary CrediW as adopted from time to time by the International Chamber of Commerce. 9. You may assign m transfer this agreement m any instrument and/or document evidencing all m any of the aforesaid obligations and/or liabilities, and may deliver all or any of the property then held as security therefor to the transferee, who shag thereupon become vested with all the powers and right In respect thereto given you herein m in the instrument and/or document transferred, and you shall thereafter be forever relieved and fully discharged from any liability m responsibility with respect thereto, but you shall retain all rights and powers hereby given with respect to any and all instrument documents, rights or property not so transferred, 10. We hereby authorize and appoint you to act as Our agent in obtaining and canceling insurance and adjusting and settling losses under the insurance on any of.the property referred to in this agreement and in endorsing and negotiating any documents a instruments necessary to permit collection of proceeds of collateral. 11. This agreement shall be binding upon W as welt es upon our legal representatives, successors and/or assign, shall be construed as the joint and several obligation matters of construction, validity and performance. if this agreement is signed by one individual, the terms 'vd,'Our". and 'LW shag be read throughout as *r. my' and "me" as the case may be. 12. MUTUAL WAIVER OF RIGHT TO JURY TRIAL. We hereby waive the right to that by jury in any action or proceeding based upon, arising out of, or in any way relating to: (i) this Commercial Letter of Credit and Seanty Agreement or (it) any other present or future instrument or agreement between us and you: Or (i) any Conduct, ads cur omissions of us or you m any of your directors, officers, employees, agents, attomeys or any other persons affiliated With you: in each of the foregoing Cases, whether sounding in Contract m tort or otherwise. PC RESOLUTION 98 -42 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING TENTATIVE TRACT MAP NO. 52575, SUBDIVIDING THREE LOTS INTO SEVEN LOTS FOR SINGLE FAMILY RESIDENTIAL DEVELOPMENT LOCATED AT 3331 -3339 BURTON AVENUE (APNs: 5289 - 002038, 5289 - 003 -061, 062). WHEREAS, Lanh Tich Trinh & Yen Tran, 3226 N. Muscatel Avenue, Rosemead, California 91770, filed a request to subdivide a 1.09 acre site into seven single family residential parcels located at 3331 -3339 Burton Avenue on May 22, 1998; and WHEREAS, this site on Burton Avenue is located in the R -1; Single Family Residential zoning district which allows one unit per 6,000 square feet of land; and WHEREAS, Section 9104 et seq. of the Rosemead Municipal Code sets standards for development of properties in the R -1 Zone; and WHEREAS, Sections 66451 et seq of the California Government Code (Map Act) and Section 9203 of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve or deny tentative subdivision maps; and WHEREAS, Sections 66473.5 and 66474 of the California Government Code (Map Act) and 9412 of the Rosemead Municipal Code specify the criteria by which a subdivision map may be granted; and WHEREAS, an initial study was completed on July 20,1998 to assess potential environmental impacts from this project; and WHEREAS, on August 13, 1998, notices were posted in 10 public locations and notices were sent to property owners within a 300 -foot radius from the subject property specifying the date time and location of the public hearing for Tentative Tract Map 52575; and WHEREAS, on September 14, 1998 the Planning Commission held a duly noticed and advertised public hearings to receive oral and written testimony relative to Tentative Tract Map No. 52575; and WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make the following determination. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rosemead as follows: SECTION 1 . The Planning Commission HEREBY DETERMINES that a Negative Declaration shall be adopted. An initial study was completed to analyze potential environmental impacts pursuant to the California Environmental Quality Act (CEQA). This study found that there would be short term potential environmental impacts resulting from the construction activities. However, these impacts have been mitigated to a level of insignificance through City codes. The initial study for Tentative Tract Map 52575 is attached hereto and incorporated herei n by reference. SECTION 2 . The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Tentative. Tract Map No. 52575 according to the Criteria of Sections 9412 of the Rosemead Municipal Code as follows: PC Resolution 98-42 Tract Map 52575 Page 1 of 4 A. The proposed division will not be materially detrimental to the public welfare nor injurious to the property or improvements in the immediate vicinity. FINDING: This project has been designed at an allowed density for the area. This proposal is for seven units. All necessary utilities and infrastructure is in place to support the proposed development. Any necessary public improvements have been attached as conditions by the engineering department. B. The proposed division will not be contrary to any official plan adopted by the City Council of the City of Rosemead; or to any official policies or standards adopted by the City Council and on file in the office of the City Clerk at or prior to the time of filing of the application hereunder. FINDING: The site is designated for the proper land use designations to permit such a development. The R -1 zone allows single family homes under certain development standards. This proposal has been designed to meet all of the minimum standards for the R -1 zone. C. Each proposed parcel conforms in area and dimension to the provisions of zoning and subdivision requirements of the City of Rosemead. FINDING: All parcels are greater than 5,000 square feet. The two lots that front onto Burton Avenue have at least 6,000 square feet. The legs for the rear lots are 6.5 -feet which meets the flag lot regulations for development in the R -1 zone. D. All streets, alleys and driveways proposed to serve the property have been dedicated or such dedication is not required for the protection of public safety, health and welfare and that such streets, alleys and driveways are of sufficient width, design and construction to preserve the public safety and to provide adequate access and circulation for vehicular and pedestrian traffic. FINDING: Lots fronting Burton Avenue have their own driveway. A driveway is created to provide common access with a width of 26 feet to serve the four rear lots. No parking will be allowed on this private street. The Fire Department has reviewed and accepted the proposed street design.. E. Alley easements and covenants required for the approval of the tentative map or plot plan have been duly executed and recorded. FINDING: There will be Covenants, drafted and recorded for reciprocal access on the rear four lots. All documents will be reviewed and approved by the City prior to finalizing the tract map. SECTION 3 . The Planning Commission HEREBY APPROVES Tentative Tract Map 52575, subdividing three parcels into seven single family lots located at 3331 -3339 Burton Avenue, Rosemead (APNs: 5289- 002 -038, 5289- 003 -061, 062), subject to the conditions listed in Exhibit A attached hereto and incorporated herein by reference. SECTION 4 . This action shall become final and effective ten (10) days after this decision by the Planning Commission, unless within such time a written appeal is filed with the City Clerk for consideration by the Rosemead City Council as provided in Article IX - Planning and Zoning of the Rosemead Municipal Code. PC Resolution 98 -42 Tract Map 52575 Page 3 of 4 SECTION 5 . This resolution is the result of an action taken by the Planning Commissio n on September 14, 1998, by the following vote: YES: ALARCON, RUIZ, BREEN, ORTIZ NO: NONE ABSENT: LOI ABSTAIN: NONE SECTION 6 . The secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and the Rosemead City Clerk PASSED, APPROVED and ADOPTED this 21st day of September, 1998. Rudy Ruiz, Chairman PC Resolution 98 -42 Tract Map 52575 Page 4 of 4 CERTIFICATION I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Rosemead at its regular meeting, held on the 21st day of September, 1998, by the following vote: YES: NO: ABSENT: ABSTAIN: Jeffrey L. Stewart, Secretary TENTATIVE TRACT MAP 52575 3331 -3339 Bartlett Avenue CONDITIONS OF APPROVAL September 14, 1998 1. Prior to issuance of building permits, any revisions to the approved plans must be resubmitted for review and approval by the Planning Department. 2. Approval shall not take effect for any purpose until the applicant has filed with the City of Rosemead an affidavit stating that he /she is aware of and accepts all of the conditions set forth in the letter of approval and this list of conditions. 3. The applicant shall comply with all Federal, State and local laws relative to the approved use including the requirements of the Planning, Building, Fire, Sheriff and Health Departments. 4. Prior to the issuance of building permits, all fees payable under State Law shall be paid. 5. The hours of construction shall be limited from 7 a.m. to 8 p.m. Monday . Saturday. No construction shall take place on Sundays or on any legal holidays without prior approval by the City: Pursuant to Section 4310 m of the Rosemead Municipal Code. 6. Planning staff shall have access to the subject property at any time during construction to monitor progress. 7. All trash, rubbish and garbage receptacles shall be regularly cleaned, and inspected and maintained in a clean, safe and sanitary condition. 8. No portion of any required front and/or side yards shall be used for storage of any type. 9. The site shall be maintained in a clean, weed, litter free state in accordance with Section 5401 -5405 of the Rosemead Municipal Code, which pertains to the storage, accumulation, collection, and disposal of garbage, rubbish, trash, and debris. All trash containers shall be stored in the appropriate trash enclosure at all times. Any new litter and graffiti shall be removed within twenty -four (24) hours. 10. The perimeter property lines of the newly created lots, or where designated by the Director of Planning shall be fenced with a six -foot (6') high masonry wall, with finished surface on both sides, or wooden fence, supported by steel posts in concrete. For residential properties, this wall /fence may end at the front setback line of the front lot. Wrought iron shall be used in locations bordering public right -of -way and other areas as designated on the approved site plans. 11. All roof top appurtenances and equipment shall be adequately screened from view to the satisfaction of the Planning Department. 12. Driveways and parking areas shall be surfaced and improved with Portland concrete cement or asphaltic concrete, and thereafter maintained in good serviceable condition. 13. The property shall be graded to drain to the street, but in no case shall such drainage be allowed to sheet flow across public sidewalk. A grading and /or drainage plan shall be prepared, submitted to and approved by the Building Official, and such grading and drainage shall take place in accordance with such approved plan. 14. The numbers of the address signs shall be at least 6" tall with a minimum character width of 1/4 ", contrasting in color and easily visible at driver's level from the street. The location, color and size of such sign shall be subject to the approval of the Planning Director. 15. Applicant shall obtain a public works permit for all work in or adjacent to the public right -of -way. 16. Applicant shall install and complete all necessary public improvements, including but not limited to street, curbs, gutters, sidewalks, handicap ramps, and storm drains, along the entire street frontage of the development site as required by the Director of Planning. 17. Prior to issuance of building permits, the Planning Department shall review and approve all electric underground utility transformer locations for compatibility with the site design. All portions of the transformers that are above ground shall be adequately screened with landscaping and /or screen walls. Landscaping shall be reviewed and approved by the Planning Department. 18. All ground level mechanical /utility equipment (including meters, back flow preservation devices, fire valves and other equipment) shall be screened by screening walls and /or landscaping to the satisfaction of the Planning Department. 19. All utilities shall be placed underground including facilities and wires for the supply and distribution of electrical energy, telephone, cable television etc. The underground conversion of these utilities shall consider all future connections to the satisfaction of the Director of Planning. 20. Each dwelling unit shall be provided with water conservation fixtures such as low -flush toilets and low -flow faucets. The hot water heater and lines shall be insulated. Landscaping irrigation systems shall be designed for high efficiency. A permit must be obtained from the Fire Department for temporary storage of lumber used to construct six or more houses. The permit will be issued on the basis of good access for fire fighting purposes, availability of water and distances to structure or fire hazards. 21. Prior to issuance of Building permits, a landscaping plan shall be submitted to the Planning Department for review. It shall include an irrigation plan with automatic timers and moisture sensors. Fifteen (15) percent of the landscape area shall be planted with 15- gallon trees. 22. A permanent maintenance program of all landscaping shall be provided insuring regular irrigation, fertilization and weed abatement. 23. Automated irrigation shall be installed, and approved by the Planning Department. 24. The applicant shall install approved street trees in a location chosen by and to the satisfaction of the Engineering Department. In addition, at least one 15- gallon tree shall be provided on each newly created lot subject to the approval of the Director of Planning. 25. All required yard and common areas shall be landscaped with turf, trees and shrubs and shall be maintained as necessary. 26. All open area not covered by concrete, asphalt, or structures shall be landscaped with turf and maintained on a regular basis. 27. No trees shall be removed other than those shown on the approved plans. 28. Landscape materials and irrigation systems are to be inspected by a City representative prior to final release of utilities. 29. NO OCCUPANCY will be granted until ALL IMPROVEMENTS required by this approval have been completed, inspected, and approved by the appropriate department(s). 30. No finals will be given until all as -built site improvement plans have been submitted to the Building Department. 31. All requirements of the Building and Safety Department and Planning Department shall be complied with prior to the final approval of the proposed construction. 32. Violation of the conditions of approval may result in citation and /or initiation of revocation proceedings. 33. The project shall comply with the conditions set forth in the City Engineer's Report dated September 1. 1998 , and the dated _ These conditions shall be completed to the City Engineer's satisfaction prior to recordation of the final map. 34. This map shall be fmaled and recorded within two (2) years of tentative approval. Failure to do so may result in the map's expiration and the need for another tentative map application. Any request for extension must be submitted, in writing, together with ten (10) copies of the map and corresponding plans, to the Planning Department before the expiration date. 35. Mail boxes shall be provided and installed by the developer. The design and location shall be provided by the local postmaster and the Director of Planning. 36. All conditions of Case No(s): TTM 52575 must be complied with to the satisfaction of the Director, of Planning, prior to final approval of associated maps, building permits, occupancy permits, or any other appropriate request. 37. The conditions listed on this Exhibit shall be copied directly onto development plans submitted to the Planning and Building Departments for review. 38. The property shall be kept cleared of weeds, debris and abandoned vehicles, and maintained pursuant to the County Fire and Health codes until it is developed. All trash shall be contained in dumpsters and removed on an as- needed basis. No tras h shall be visible from outside the dumpster. Surplus construction materials shall b e . stored so as to be screened from public view when not actually in use. 39. A 6-high fence, composed of chain link or other approved material, shall totally enclose the perimeter of the property when vacant, under construction, or under demolition, and said fence shall remain until Occupancy is granted. 40. Any existing structures to be demolished shall be boarded until such demolition takes place. 41. The proposed second floors shall have windows with lower sills no less than 66- inches (5.5 feet) above the finished floor level, or finished with obscure glass, to protect the privacy of adjacent residences subject to the approval of the Director of Planning. 42. There shall be no parking allowed within the development other than in designated parking spaces. The 26 -foot wide driveway shall be posted (e.g.; stencil on the ground) as a "Fire Lane" to the satisfaction of the fire department. 43. All colors of the homes shall be limited to earth tones and pastels and subject to the approval of the Director of Planning. 44. All units shall provide and maintain roll -up garage doors. ENGINEERING CONDMONS OF APPROVAL These conditions shall be completed to the City Engineer's satisfaction prior to recordation of the fmal map. GENERAL 1. Details shown on the tentative map are not necessarily approved. Any details which are inconsistent with requirements of ordinances, general conditions of approval, or City Engineer's policies must be specifically approved in the final .map or improvement plan approvals. 2. A final tract map prepared by, or under the direction of a Registered Civil Engineer authorized to practice land surveying, or a Licensed Land Surveyor, must be processed through the City Engineer's office prior to being filed with the County Recorder. 3. A preliminary subdivision guarantee is required showing all fee interest holders and encumbrances. An updated title report shall be provided before the final tract map is released for filing with the County Recorder.. 4. Monumentation of tract map boundaries, street centerline and lot boundaries is required for a map based on a field survey. 5. Final tract map shall be filed with the County Recorder and one (1) mylar copy of filed map shall be submitted to the City Engineer's office prior to issuance of building permits. 6. Comply with all requirements of the Subdivision Map Act. 7. Approval for filing of this land division is contingent upon approval of plans and specifications mentioned below. If the improvements are not installed prior to the filing of this division, the developer must submit an Undertaking Agreement and a Faithful Performance and Labor and Materials Bond in the amount estimated by the City Engineer guaranteeing the installation of the improvements. 8. The City reserves. the right to impose any new plan check and /or permit fees approved by City Council subsequent to tentative approval of this map. DRAINAGE AND GRADING 9. Prior to the recordation of the final map, grading and drainage plans must be approved to provide for contributory drainage from adjoining properties as approved by the City Engineer, including dedication of the necessary easements. 10. A grading and drainage plan must provide for each lot having an independent drainage system to the public street, to a public drainage facility, or by means of an approved drainage easement. 11. Historical or existing storm water flow from adjacent lots must be received and directed by gravity to the street, a public drainage facility, or an approved drainage easement. O 12. Developer shall prepare a covenant, subject to City Engineer's approval, for ingress and egress, utility and drainage easement, fire lane, and maintenance of the private driveway for Lots 3 through 6. 13. New drive approaches shall be constructed at least 3' from any above - ground obstructions in the public right -of -way to the top of "x" or the obstruction shall be relocated. 14. Drive approaches shall be at least 10' wide, except for the private driveway serving Lots 3 through 6 which shall be set by the Fire Chief. 15. Damaged curb, gutter and sidewalk along Burton Avenue shall be reconstructed. 16. Developer shall grant a 4' wide easement behind public right -of -way line along the entire Burton Avenue frontage for sidewalk/pedestrian purposes in compliance with the ADA. SEWER 17. Approval of this land division is contingent upon the installation of local 8 -inch (minimum) main line public sewer with two (2) manholes within a dedicated (10 feet minimum) easement to the City within the proposed private street. Separate house laterals shall be constructed to serve each lot of the land division. 18. A separate house lateral for Lot 1 shall be constructed to connect directly to the existing public sewer in Burton Avenue without crossing Lot 2. 19. The developer shall send a print of the sewer plans to the City and to the Los Angeles County Department of Public Works for review. Approval must be received prior to filing this land division map. 20. The developer shall consult the City Engineer to determine the sewer location and design requirements. UTILITIES 21. Power, telephone and cable television service shall be underground. 22. Any utilities that are in conflict with the development shall be relocated at the developer's expense. WATER 23. All dots shall be served by adequately sized water system facilities, which shall include fire hydrants of the size, type and location as determined by the Fire Chief. 24. The water mains shall be of sufficient size to accommodate the total domestic and fire flow required for the land division. Domestic flows required are to be determined by the City Engineer. Fire flows required are to be determined by the Fire Chief. 25. Prior to the filing of the final map, there shall also be filed with the City Engineer, a statement from the water purveyor indicating subdivider compliance with the Fire Chiefs fire flow requirements. 1 2. 3 Project Title: "Exhibit A'` CEQA APPENDIX G ENVIRONMENTAL CHECKLIST FORM Tentative Tract Map 52575 Lead Agency Name and Address: Contact Person and Phone Number City of Rosemead Planning Department 8838 E. Valley Boulevard Rosemead, CA 91770 Peter Lyons, Director of Planning (626) 288 -6671 4. Project Location: City of Rosemead County of Los Angeles, State of California Assessor Parcel Number(s): 5289 - 002 -038 5289 - 003 - 061.062 5. Project Sponsor's Name and Address: Lanh Tich Trinh & Yen Tran 3226 N. Muscatel Avenue Rosemead, CA 91770 6. General Plan Designation: Low Density Residential 7. Zoning: R -1; Single Family Residential 8. Description of the Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. (Attach additional sheets if necessary) The subdivision of three existing lots into seven, for the purpose of constructing seven new single family homes. 9. Surrounding Land uses and Setting: (Briefly describe the project's surroundings) The City of Rosemead is an urban suburb located in the San Gabriel Valley, 10 miles east of the City of Los Angeles. It is bounded on the north by the cities of Temple City and San Gabriel, on the west by South San Gabriel, on the south by Montebello, plus by El Monte and South El Monte on the east. The city is 5.5 square miles or 2,344 acres in size. Rosemead is home to a resident population of approximately 55,760 people. 10. Other public agencies whose approval is required (e.g. permits, financing approval, or participation agreement). EXHIBIT "F" ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below ( ✓ ) would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. DETERMINATION: (To be completed by the Lead Agency). On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, Aesthetics and a NEGATIVE DECLARATION will be prepared. Hazards & Hazardous Materials I find that although the proposed project could have a significant effect on the environment, Public Services there will not be a significant effect in this case because revisions in the project have been Agriculture Resources made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be Hydrology/Water Quality prepared. Recreation I find that the proposed project MAY have a significant effect on the environment, and an Air Quality ENVIRONMENTAL IMPACT REPORT is required. Land Use /Planning I find that the proposed project MAY have a "potential significant impact" or "potentially Transportation/Traffic significant unless mitigated" on the environment, but at least one effect (1) has been Biological Resources adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) Mineral Resources has been addressed by mitigation measures based on the earlier analysis as described on Utilities /Service Systems attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only Cultural Resources the effects that remain to be addressed. Noise I find that although the proposed project could have a significant effect on the environment, Mandatory Findings of Significance because all potentially significant effects (a) have been analyzed in an earlier EIR pursuant Geology /Soils to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, Population /Housing including revisions or mitigation measures that are imposed upon the proposed project., DETERMINATION: (To be completed by the Lead Agency). On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, ✓ and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potential significant impact" or "potentially significant unless mitigated" on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project., nothing further is required. Signature - 7�ZOZ'? Date 5ll,40 JotfiJSoN Printed Name EVALUATION OF ENVIRONMENTAL IMPACTS: For 11 A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e. g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project- specific factors as well as general standards (e. g. the project will not expose sensitive receptors to pollutants, based on a project- specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on -site; cumulative as well as project - level, indirect as well as direct, and construction as well as operational 2 impacts. 3) "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section 17, "Earlier Analysis," may be cross - referenced). 5) Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3) (D). Earlier analyses are discussed in Section 17 at the end of the checklist. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different ones. ' 9) The analysis of each issue should identify: (a) the significance criteria or threshold used to evaluate each question; and (b) the mitigation measure identified, if any, to reduce the impact to less than significance. Issues and Supporting Information Sources Potentially Potentially Less Than No Significant Significant Significant Impact Issues Unless Impact Mitigation Incorporated 1. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? b) Damage scenic resources, including, but not limited to trees, ✓ rock outcroppings, and historic buildings within a state scenic highway c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? 2. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to. the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and . farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) to non - agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non - agricultural use? 3. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: 3 Potentially Potentially Less Than No Issues and Supporting Information Sources Significant Significant Significant Impact Issues Unless Impact Mitigation Incorporated a) Conflict with or obstruct implementation of the applicable Air ✓ Quality Abatement Plan or Congestion Management Plan? b) Violate any stationary source air quality standard or contribute tI to an existing or projected air quality violation? c) Result in a net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ✓ ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Create or contribute to a non - stationary source "hot spot" (primarily carbon monoxide)? e) Expose sensitive receptors to substantial pollutant concentrations? f) Create objectionable odors affecting a substantial number of t/ people? 4. BIOLOGICAL RESOURCES. Would the project: a) Adversely impact, either directly or through habitat modifications, any endangered, rare, or threatened species, as ✓ listed in Title 14 of the California Code of Regulations (Sections 670.2 or 670.5) or in Title 50, Code of Federal Regulations (Sections 17.11 or 17.12)? b) Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, ✓ sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U. S. Wildlife Service? c) Have a substantial adverse impact on any riparian habitat or_ other sensitive natural community identified in local or regional ✓ plans, policies, regulations or by the California Department of Fish and Game or U. S. Fish and Wildlife Service? d) Adversely impact federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) either ✓ individually or in combination with the known or probable impacts of other activities through direct removal, filling, hydrological interruption, or other means? e) Interfere substantially with the movement of any resident or migratory fish or wildlife species or with established resident migratory wildlife corridors, or impede the use of wildlife nursery sites? f) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? g) Conflict with the provisions of an adopted Habitat Conservation ✓ Plan, Natural Conservation Community Plan, other approved local, regional, or state habitat conservation plan? 5. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource.which is either listed or eligible for listing on the National Register of Historic Places, the California Register of Historic Resources, or a local register of historic resources? Issues and Supporting Information Sources Potentially Potentially. Less Than Significant Significant Significant Impact Issues Unless Impact Mitigation Incorporated b) Cause a substantial adverse change in the significance of unique archaeological resources (i.e., an artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it contains information needed to answer important scientific research questions, has a special and particular quality such as being the oldest or best available example of its type, or is directly associated with a scientifically recognized important prehistoric or historic event or person)? c) Disturb or destroy a unique paleontological resource or site? d) Disturb any human remains, including those interred outside of V formal cemeteries? 6. GEOLOGY AND SOILS. Would the project a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist - Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? ii) Strong seismic ground shaking? iii) Seismic - related ground failure, including liquefaction? '/ This is located in a proposed Seismic Hazard Zone as identified by the Calif. Dept. Of Conservation, Division of site Mines & Geology. This zone indentifies this area as having the potential for liquefaction. The new map will not become official until February of 1999, after required public hearings are held. This project would not be exempt from mitigation measures if and when this new zone and associated map becomes an official document. iv) Inundation by seiche, tsunami, or mudflows? v) Landslides? V vi) Flooding, including flooding as a result of the failure of a levee or dam? vii) Wildland fires, including where wildlands are adjacent to urbanized areas and where residences are intermixed with wiidlands? b) Would the project result in substantial soil erosion or the loss of ✓ topsoil? c) Would the project result in the loss of a unique geologic feature? d) Is the project located on strata or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? This site is located in a proposed Seismic Hazard Zone as identified by the Calif. Dept. Of Conservation, Division of Mines & Geology. This zone indentifies this area as having the potential for liquefaction. The new map will not become official until February of 1999, after required public hearings are held. This project would not be exempt from mitigation measures if and when this new zone and associated map becomes an official document. e) Is the project located on expansive soil creating substantial risks t� to life or property? f) Where sewers are not available for the disposal of waste water, is the soil capable of supporting.the use of septic tanks or alternative waste water disposal systems? Potentially Potentially Less Than No Issues and Supporting Information Sources Significant Significant Significant Impact Issues Unless Impact Mitigation Incorporated 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions ✓ involving the likely release of hazardous materials into the environment? c) Reasonably be anticipated to emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or ✓ waste within one - quarter mile of an existing or proposed school? d) Is the project located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public ✓ airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in ✓ the project area? g) Impair implementation of or physically interfere with an adopted ✓ emergency response plan or emergency evacuation plan? h) Expose people or structures to the risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? B. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? b) Substantially degrade groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing drainage pattern of the site or i area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off - site? Potentially Potentially Less Than No Issues and Supporting Information Sources Si Significant Significant impact issues Unless impact Mitigation Incorporated e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems to ✓ control? f) Place housing within a 100 -year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? g) Place within a 100 -year floodplain structures which would impede or redirect flood flows? 9. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy or regulation of an agency with jurisdiction over the project (including, but ✓ not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural communities conservation plan? 10. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource classified MRZ -2 by the State Geologist that would be of value ✓ to the region and the residents of the state? b) Result in the loss of availability of a locally - important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? 11. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne ✓ vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the V project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public ✓ airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? 12. POPULATION AND HOUSING. Would the project: Potentially Potentially Less Than No Issues and Supporting Information Sources significant significant Significant Impact Issues Unless Impact Mitigation Incorporated a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or ✓ indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating ✓ the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the - F ✓ construction of replacement housing elsewhere? 13. PUBLIC SERVICES. Would the project result in substantially adverse physical impacts associated with the provision of new or physically altered government facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? b). Police protection? c) Schools? d) Parks? e) Other public facilities? 14. RECREATION. Would the project: a) Increase the use of existing neighborhood or regional parks or other recreational facilities such that substantial physical ✓ deterioration of the facility would occur or be accelerated? b) Include recreational facilities or require the construction or ✓' expansion of recreational facilities which might have an adverse physical effect on the environment? 15. TRANSPORTATION/TRAFFIC. Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., ✓ result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service ✓ standard established by the county congestion management agency for designated roads or highways? c) Result in a change in area traffic patterns, including either an ✓ increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards to a design feature (e.g., sharp ✓ curves or dangerous intersections) or incompatible uses (e. g. farm equipment)? e) Result in inadequate emergency access? ✓ f) Result in inadequate parking capacity? ✓ g) Conflict with adopted policies supporting alternative t / transportation (e.g., bus turnouts, bicycle racks)? Issues and Supporting Information Sources Potentially Potentially Less Than Significant Significant Significant - Impact Issues Unless Impact Mitigation Incorporated 16. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water .Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing ✓ facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Are sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Has the wastewater treatment provider which serves or may serve the project determined that it has adequate capacity to serve the project's projected demand in addition to,the provider's existing commitments? f) Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? 17. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short -term, to the disadvantage of long -term, environmental goals? c) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of the past projects, the effects of other current projects, and the effects of probable future projects)? d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or V indirectly?