Based on the methodology set forth in CMC 11800.A.3.b., the Applicant calculates qualifying fee credits as follows, and detailed on Exhibit A:
Total Eligible Credits: $4,244,608.41
Applying these credits to the Project’s current IDIF calculations produces:
• Total IDIF obligation: $21,299,778.91
• Less eligible credits: ($4,244,608.41)
• Net IDIF: $17,055,170.50
If the applicable IDIF rates are adjusted prior to payment, the corresponding credit values would be adjusted proportionally using the same methodology.
We appreciate the City’s continued coordination on this matter and look forward to working with staff to finalize any necessary Development Agreement language in time for City Council consideration at the anticipated March 3, 2026 meeting.
Sincerely,
Darren Embry
Darren Embry
Vice President of Community Development
obo Imperial Avalon, LLC
Attachments: Exhibit A
EXHIBIT A
Interim Development Impact Fee (IDIF)
Credit / Offset Calculation Worksheet
Project: Imperial Avalon / Envision Carson Mixed-Use Development (Specific Plan) Location: 21207 South Avalon Boulevard, Carson, CA
Prepared For: City of Carson — Community & Economic Development Department Prepared By: Imperial Avalon, LLC (Applicant)
Date: February 18, 2026
A. Eligible Demolition-Based Fee Credits (Carson Municipal Code Section 11800.A.3.b) The following credit calculation summarizes the Applicant’s requested fee credits/offsets associated with prior demolition/removal of existing residential units, as calculated under the methodology cited above.
Total DIF per
Unit
Administrative
Portion
Adjusted DIF
per Unit
Eligible Units
(Demolished) Total Credits
$16,918.01 $1,812.64 $15,105.37 1 $15,105.37
$21,147.52 $2,265.81 $18,881.71 224 $4,229,503.04
TOTAL 225 $4,244,608.41
Note: If IDIF/DIF rates are adjusted prior to payment, credit values should be recalculated using the same methodology so credits adjust proportionally with the applicable rates.
B. Project IDIF Calculation (Gross)
Component IDIF Amount
Townhomes (TH) — 351 units (all 2+ BR) $7,422,779.52
Apartments AB — 465 units (313 Studio/1BR;
152 all other) $8,509,760.17
Apartments CD — 299 units (226 Studio/1BR;
73 all other) $5,367,239.22
TOTAL IDIF (Gross) $21,299,778.91
C. Net IDIF After Credits
TOTAL IDIF (Gross) $21,299,778.91
Less: Eligible Credits / Offsets (Section A) ($4,244,608.41) NET IDIF $17,055,170.50
Reference: Carson Municipal Code Chapter 8 (Credits and Reimbursements), including Section 11800 (Fee Credits).
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ORDINANCE NO. 26-2606
AN UNCODIFIED ORDINANCE OF THE CITY OF CARSON,
CALIFORNIA APPROVING AMENDED AND RESTATED
DEVELOPMENT AGREEMENT NO. 23 -19 BETWEEN THE CITY OF
CARSON, IMPERIAL AVALON DE, LLC, AND LENNAR HOMES OF
CALIFORNIA, LLC FOR A PROPOSED MIXED-USE PROJECT AT 21207 S. AVALON BLVD.
WHEREAS, California Government Code Sections 65864 et seq. authorize the City of Carson (“City”) to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property in order to establish certain development rights, for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning and identifying the economic costs of such development; and
WHEREAS, on December 13, 2022, the City adopted Ordinance No. 22-2222, approving Development Agreement No. 23-19 (“Development Agreement”) between the City and Imperial Avalon, LLC, for a mixed-use residential and commercial project on the real property located at 21207 South Avalon Boulevard in the City of Carson (“City”) and legally described in Exhibit “A” hereto (“Property”). The Development Agreement was recorded in the Official Records of Los Angeles County on June 4, 2024, as Document No. 20240361857. The project consists of 764 multi-family residential units in two buildings of up to four stories each, 351 attached/detached and stacked flat townhome units of up to three stories each, 111,581 square feet of publicly accessible open space (including a minimum 22,859 square foot park), and 10,000 square feet of commercial restaurant space (the “Project”); and
WHEREAS, City has also conditionally approved the following entitlements for the Project (collectively, the “Original Entitlements”) : (1) certification of an Environmental Impact Report (SCH No. 2021010116; the “EIR”) for the Project; (2) General Plan Amendment (“GPA”) No. 105-19, to change the land use designation of the Property from Regional Commercial/Low Density Residential to Urban Residential; (3) Specific Plan (“SP”) No. 21-19, the Imperial Avalon Specific Plan (“IASP”), to establish the development standards and permitted uses for the Property; (4) Zone Change (“ZCC”) No. 188-19, to change the Property’s zoning from Commercial Automotive/RM-8-D to Imperial Avalon Specific Plan; (5) Site Plan Review and Design Review (“DOR”) No. 1803-19; and (6) Vesting Tentative Tract Map (“VTTM”) No. 83157; and
WHEREAS, Exhibit “B” of Planning Commission Resolution No. 22 -244 imposes Conditions of Approval on the DOR No. 1803-19 (“DOR COAs”), and Exhibit “C” of Planning Commission Resolution No. 22-244, as amended by City Council Resolution No. 22-242, imposes Conditions of Approval on VTTM No. 83157 (“ VTTM COAs”). Exhibit “C” of City Council Ordinance No. 22-2221 imposes Conditions of Approval on SP No. 21-19; and
WHEREAS, the Development Agreement and some of the Original Entitlements , including the DOR COAs and VTTM COAs, were subsequently amended through Minor
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Modifications requested by Imperial Avalon and approved by the City pursuant to Section 12.4 of the Development Agreement, as follows (collectively, the “Approved Minor Modifications”):
• A Minor Modification approved on May 24, 2023, made revisions to the Development Agreement and resolved an inconsistency between the Specific Plan and the approved Project plans regarding the required Project building setback from the 405 freeway.
• A Minor Modification approved on February 28, 2024, made revisions to the Development Agreement . This Minor Modification was approved pursuant to a Settlement Agreement and Mutual Release between the City and Imperial Avalon, which became effective on or about February 28, 2024 (“Original Settlement Agreement”).
• A Minor Modification approved on June 10, 2024, made revisions to the Development Agreement, the DOR COAs, the VTTM COAs, and the Mitigation Monitoring and Reporting Program Table included as Section 4.2 in the Final EIR (“MMRP”).
• A Minor Modification approved on May 8, 2025, made revisions to the Development Agreement.
• A Minor Modification approved on February 4 , 2026 , made revisions to the Development Agreement, the DOR COAs, and the VTTM COAs. This Minor Modification was approved pursuant to an Amended and Restated Settlement Agreement and Mutual Release (amending and restating the Original Settlement Agreement), which became effective on January 12, 2026, and replaced the Minor Modification approved on February 28, 2024; and
WHEREAS, Lennar Homes of California, LLC (“Lennar”) purchased the portion of the Property that will contain the Townhomes (“Transferred Property”) and entered into a Partial Assignment and Assumption Agreement with Imperial Avalon, LLC recorded on October 1, 2024 (“A/A Agreement”), under which Imperial Avalon, LLC assigned to Lennar and Lennar assumed from Imperial Avalon , LLC all of Imperial Avalon , LLC’s rights and obligations regarding the Transferred Property, including rights and obligations under the Development Agreement, as more fully described in t he A/A Agreement. As shown in Exhibit C of the A/A Agreement, the City consented to the assignment and assumption effectuated through the A/A Agreement, as required by Section 11 of the Development Agreement; and
WHEREAS, when the City approved the Development Agreement, the Property was owned by Imperial Avalon, LLC, a California limited liability company, which thereafter transferred ownership of the Property to Imperial Avalon DE, LLC, a Delaware limited liability company. Imperial Avalon DE, LLC and Lennar are referred to herein below as the “Developer”; and
WHEREAS, in or about December of 2025 , Developer submitted to the City an application to amend and restate the Development Agr eement pursuant to Government Code Sections 65864 through 65869.5 (“Amended and Restated Development Agreement”); and
WHEREAS, after notice of the time, place and purpose of a public hearing was duly given,
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the City’s Planning Commission held a public hearing and heard testimony and considered all factors both oral and written on January 27, 2026, to consider Developer’s application for the Amended and Restated Development Agreement . Following such public hearing, the Planning Commission recommended that the City Council approve the Amended and Restated Development Agreement; and
WHEREAS, after notice of the time, place and purpose of a public hearing was duly given, the City Council held a public hearing on March 17, 2026, to consider Developer’s application for the Amended and Restated Development Agreement, and following such hearing, during which the City Council heard testimony and considered all factors both oral and written, the City Council now desires by this Ordinance to approve the Amended and Restated Development Agreement (hereafter, “Agreement”) after findings of consistency with the City’s General Plan; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The above recitals are true and correct and are hereby incorporated into this Ordinance as set forth herein.
Section 2. The City Council finds that the Agreement was adequately assessed by the EIR and that there are no circumstances requiring additional environmental review. Specifically, no substantial changes are proposed in the Project that will require major revisions to the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; no substantial changes have occurred with respect to the circumstances under which the Project will be underta ken which will require major revisions to the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and there is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified as complete, that shows any of the following:
(A) the Project will have one or more significant effects not discussed in the EIR; (B) significant effects previously examined will be substantially more severe than shown in the EIR; (C) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project, but the Project proponents decline to adopt the mitigation measure or alternative; or (D) mitigation measures or alternatives which are considerably different from those analyzed in the EIR would substantially reduce one or m ore significant effects on the environment, but the Project proponents decline to adopt the mitigation measure or alternative.
Furthermore, the approval of the Agreement is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Here, it can be seen with certainty that there is no possibility that the amendments made to the Development Agreement may have a significant effect on the environment . The amendments largely integrate modifications to the Development Agreement that were previously approved and are primarily related to the payment of fees and the provision of public benefits as well as other technical provisions such as mortgagee protection and assignment approval
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provisions, rather than making physical changes to the Project or Project site.
Consequently, the City Council finds that the approval of the Agreement does not require any additional environmental review.
Section 3. Based upon all oral and written reports and presentations made by City staff, Developer, and members of the public , including any attachments and exhibits, the City Council hereby finds that:
a) The Agreement is consistent with the provisions of Government Code Sections 65864 through 65869.5.
b) The Agreement provides for a project that is located within an area suitable for the proposed use and is in conformance with the General Plan as amended by GPA No. 105 - 19, and the Imperial Avalon Specific Plan (SP No. 21 -19), which is also the zoning designation for the Property pursuant to Zone Change (ZCC) No. 188-19, which changed the zoning map designation for the Property from Commercial Automotive/RM -8-D to Imperial Avalon Specific Plan.
c) The Agreement provides for a public convenience through significant monetary benefits which will contribute directly or indirectly to programs and services designed to provide for the health, safety and welfare of the public, thereby exhibiting good land u se practices. The Agreement specifies the Community Benefits in Article 3. The Project will also be required to pay Development Impact Fees as provided in Section 5.8(d) of the Agreement.
d) The Agreement will not be detrimental to the public’s health, safety and general welfare, nor will it adversely affect the orderly development or property values for the subject property or areas surrounding it.
e) The Agreement is in compliance with the procedures established by the City as required by Government Code Section 65865(c).
f) The Agreement in Article 6 provides for an annual review to ensure good faith compliance with the terms of the Agreement, as required in Section 65865.1 of the Government Code.
g) The Agreement specifies the contents required by Government Code Section 65865.2, including without limitation the 15-year term of the Agreement in Section 2.1 and other project details in Recital F.
(h) The Agreement includes conditions, terms, restrictions and requirements for development of the subject property in Article 4 (without limitation) and as permitted in Section 65865.2 of the Government Code.
(i) The Agreement contains provisions in Article 7 for termination of the Agreement prior to expiration of its term.
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(j) The Agreement provides for amendment or cancellation in whole or in part, by mutual consent of the parties to the Agreement or their successors in interest, as required in Section 65868 of the Government Code.
(k) The Agreement is in the best public interest of the City and its residents and will achieve a number of City objectives including ensuring compatibility of the development and use of the site with surrounding uses, providing much needed housing in a variety of housing types, and helping achieve a sustainable balance of residential and non -residential development and a balance of traffic circulation through the City, in furtherance of General Plan goals and objectives. (l) The Agreement supports General Plan goal LU-6: A sustainable balance of residential and nonresidential development and a balance of traffic circulation throughout the city.
The project promotes a balanced mix of residential development and ground floor, pedestrian- serving commercial restaurant uses. The project provides for the inclusion of commercial restaurant uses that would provide easy access to a variety of foods within close proximity to existing and future residential communities. Consistent with policy LU -6.3, the Specific Plan specifically promotes a mixed-use zone that encourages pedestrian-oriented mobility. For the same reasons, the Agreement also supports SP No. 21-19.
(m) The Agreement supports General Plan goal LU -7: adjacent land uses that are compatible with one another. The proposed development of the project, with its gradual sensitive transition toward the western edge of the subject property, is compatible with the adjacent single-family residential Grace Avenue neighborhood. For the same reasons, the Agreement also supports SP No. 21-19.
(n) The Agreement supports General Plan goal LU -8: Promote mixed -use development where appropriate. The project is proposed as part of the City’s ongoing effort to develop new mixed-use corridors. This site is located within close proximity to the Carson Street mixed-use corridor and The District at South Bay proposed development. For the same reasons, the Agreement also supports SP No. 21-19.
(o) The Agreement supports General Plan goal LU -15: promote development in Carson which reflects the “Livable Communities” concepts. The project encourages the location of housing, jobs, shopping, services, and other activities within easy walking distance of each other. By providing the potential for a variety of housing types, various multifamily unit types which may include senior housing, and for -sale townhome units, the project also supports Policy LU-15.2 which seeks to maintain a diversity of housing types to enable citizens from a wide range of economic levels and age groups to live in Carson. For the same reasons, the Agreement also supports SP No. 21-19.
(p) The Agreement supports General Plan Housing Element Goal 2: encourage the development of a variety of housing to meet needs of the broad spectrum of the community, with a particular emphasis on multifamily housing, and Goal 4: Promote housing opportunities for lower-income households and seniors. By providing a mix of unit types ranging from studios to four-bedroom homes, the project facilitates diversity of housing types and prices, supporting a wide variety of housing needs and promoting a multi -generational community. Additionally, the project supports Goal 4 by providing an exclusive pre-lease period for seniors and establishing a quota for units rented to seniors, recognizing that senior populations benefit from various types of housing models and from providing independent senior housing to meet the diverse needs of Carson’s and the region’s aging population.
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(q) The Agreement provides, in Section 4.7, that any tentative map prepared for the Project subdivision will comply with Government Code Section 66473.7. (r) The provisions of the Agreement are consistent with the General Plan, as amended by GPA No. 105-19, and all applicable specific plans.
Section 4. Based on the aforementioned findings, the City Council hereby approves the Agreement, a copy of which is attached hereto as Exhibit “B” and incorporated herein by this reference, and authorizes its execution by the Mayor and all action necessary to comply with its terms.
Section 5. This Ordinance shall take effect on the 30th day following its adoption by the City Council. However, if and when the Agreement should terminate pursuant to Article 7 thereof, this Ordinance will automatically terminate concurrently therewith without any action needing to be taken by the City Council.
Section 6. Pursuant to Government Code Section 65868.5, the City Clerk of the City shall record a copy of said Development Agreement with the County Recorder within 10 days after execution thereof.
Section 7. The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the rema ining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect.
Section 8. The Mayor, City Manager, and City Clerk or their designees, are authorized and directed to take such actions and execute such documents and certifications as may be necessary to implement and effect execution, recordation and enforcement of this Ordinance and the Agreement.
Section 9. The City Clerk of the City of Carson shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in a newspaper of general circulation, printed and published within the City of Carson in accordance with the provisio ns of the Government Code.
[signatures on the following page]
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PASSED, APPROVED and ADOPTED this ___day of ___________, 2026.
Lula Davis-Holmes, Mayor
ATTEST:
Dr. Khaleah K. Bradshaw, City Clerk
APPROVED AS TO FORM
Sunny K. Soltani, City Attorney
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EXHIBIT “A”
PROPERTY LEGAL DESCRIPTION
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EXHIBIT “B”
AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 23-19
SEE ATTACHED
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Carson
701 E Carson Street
Carson, CA 90745
Attn: Planning Manager
SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE
DRAFT
AMENDED AND RESTATED DEVELOPMENT AGREEMENT
This Amended and Restated Development Agreement (“Agreement”) is entered into on the day of , 2026 (“Execution Date”), by and between the City of Carson, a municipal corporation of the State of California (“ City”), IMPERIAL AVALON DE, LLC, a California limited liability company (“ Imperial Avalon ”), and LENNAR HOMES OF CALIFORNIA, LLC, a California limited liability company (“ Lennar”). Imperial Avalon and Lennar are referred to collectively in this Agreement as “ Developer”. The City and Developer shall be referred to jointly within this Agreement as the “Parties” and individually as a “Party.”
RECITALS
A. The Development Agreement Statute. California Government Code Sections 65864 et seq. (“Development Agreement Law ”) authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation, and comprehensive planning and identifying the economic costs of such development.
B. Orderly Development; Public Benefits. The City Council finds that this Agreement is in the best public interest of the City and its residents, adopting this Agreement constitutes a present exercise of the City’s police power, and this Agreement is consistent with the City’s General Plan. This Agreement and the proposed Project will achieve a number of City objectives, including the orderly development of the Property and the provision of public benefits, or funds therefor, to the City and its residents.
C. The Property. Developer owns the property located at 21207 South Avalon Boulevard in the City of Carson, County of Los Angeles, State of California (APNs 7337-001-025, 7337- 001-026, 7337-001-027, 7337-001-028, and 7337-001-029) (“Property”). At the time of the approval of the Original D A, the General Plan land use designation for the Property 2 01007.0580 2103038.2
was Regional Commercial and Low Density Residential and the Property was zoned Commercial Automotive (CA) and RM-8-D (Design Overlay).
D. Developer’s Interest in the Property . When the City approved the Original DA, the Property was owned by Imperial Avalon, LLC, a California limited liability company , which thereafter transferred ownership of the Property to Imperial Avalon DE , LLC . Developer currently owns the Property and as such, possesses the requisite equitable interest in the Property under Government Code Section 65865 that allows the Parties to enter into this Agreement.
E. The Park. At the time of the approval of the Original DA, the Property was improved and in operation as a mobilehome park, known as Imperial Avalon Mobile Estates (“ Park”).
Imperial Avalon filed an application for approval of Relocation Impact Report No. 05 -20 (“RIR”) related to Park closure pursuant to CMC Section 9128.21 in early 2020 (the “Closure Application”). The Closure Application was heard and conditionally approved by the City’s Planning Commission on May 13, 2020, via adoption of Planning Commission Resolution No. 20 -2695. Following an administrative appeal to the City Council, on July 7, 2020, the City Council adopted City Resolution No. 20-113, affirming the Planning Commission’s decision subject to imposition of added and modified conditions as set forth in the “Amended Conditions of RIR No. 05-20” which are attached to said resolution (“the RIR Conditions”), and specifying the earliest possible date of Park closure (i.e., the earliest date when residents may be compelled to vacate the Park) as January 1, 2022, subject to issuance of the required notices of termination of tenancy (the “Closure Approval”). As required by the Closure Approval, Developer has executed and recorded on title to the Property a “Declaration of Lease Covenants, Conditions and Restrictions Applicable to Park Closure Pursuant to Government Code § 27281.5” (the “Option C Covenant”). Furthermore, Developer agreed to provide certain enhancements to the relocation impact mitigation measures set forth in the RIR Conditions for the benefit of the displaced Park residents, which enhancements were set forth in a letter from Imperial Avalon to the Park residents dated September 9, 2021, without limitation (collectively, the “Enhancements”). At the time of the approval of the Original DA, Developer had not yet issued the required 6-month notice of termination of tenancy, which was a prerequisite of Park closure. As of the Effective Date thereof, some residents remained in the Park while some had vacated the Park voluntarily pursuant to early termination agreements entered into with the Developer in accordance with the RIR Conditions, and implementation/satisfaction of the RIR Conditions remain ed pending and underway.
Developer still intend ed, and ha d the right, to issue the requisite 6 -month notice of termination of tenancies and thereafter close the Park during the effective period of the Closure Approval, and later did so. It is understood and was decided by the City in acting upon the Closure Application that the Closure Application and the City’s review and decision thereon was exempt from the California Environmental Quality Act (“CEQA”) review and did not constitute a “project” within the meaning of CEQA. On that basis, a Notice of Exemption was filed in connection with the Closure Approval on July 17, 2020, and no CEQA -related challenges were filed within the applicable 35 day statute of limitations period. The Parties acknowledge that closure of the Park has occurred in accordance with the Original DA and other documents, regulations and authorities , although certain rights and obligations remain in effect related to the small number of 3 01007.0580 2103038.2
former Park residents who selected Option C under the RIR Conditions and the Option C Covenant and thereby acquired a right of tenancy in the Project.
F. The Project. Developer desires to re-develop the Property as a mixed -use residential and commercial development (the “ Project”). The Project consists of 764 multi -family residential units within two buildings of up to four stories (or sixty -eight feet, six inches [68’6”] each, including at least one parking structure per building, each on their own lot on the eastern portion of the Property (the “Apartments”), 351 attached/detached and stacked flat townhome units of up to three stories (or thirty-eight feet, six inches [38’6”]) each, all located on another lot on the western portion of the Property (the “ Townhomes”), for a total of 1,115 residential units and a density of 41 dwelling units per acre, 111,581 square feet of publicly accessible open space (including a minimum 22,859 square foot park), and 10,000 square feet of commercial space, all of which shall be restaurant use(s). To that end, on October 3, 2019, Imperial Avalon filed a development permit application with the City (Master Redevelopment Project No. PL10044) seeking various entitlements to develop the Project (collectively, the “ Development Application ”). The City determined the Development Application was complete on December 24, 2019.
G. Project EIR and Entitlements. The City is the lead agency, within the meaning of the CEQA, for purposes of conducting environmental review of the Project. The City has found and determined that all actions required of City precedent to approval of the Original DA were duly and regularly taken. In accordance with the requirements of CEQA, appropriate studies, analyses, reports, documents, and errata were prepared and considered by the Planning Commission and the City Council. The Planning Commission, after a duly noticed public hearing on November 21, 2022, certified the Environmental Impact Report (“EIR”) and adopted a Statement of Overriding Considerations for the Project in accordance with CEQA. The Project is identified in the EIR as Alternative 3 and is fully assessed in the EIR and the errata thereto.
H. Original Planning Commission Approvals. On the same day, the Planning Commission, after giving notice pursuant to the CMC and Government Code §§ 65090, 65091, 65092 and 65094, held a public hearing on the Development Application, and following the hearing, adopted Planning Commission Resolution No. 22-244, which: (i) made CEQA findings and determinations as referenced above; (ii) conditionally approved Site Plan and Design Overlay Review (“ DOR”) No. 1803-19 and Vesting Tentative Tract Map (“VTTM”) No. 83157 for the Project subject to City Council approval of General Plan Amendment (“GPA”) No. 105-19 (changing the General Plan land use designation for the Property from Regional Commercial/Low Density Residential to Urban Residential), Specific Plan (“SP”) No. 21-19 (Imperial Avalon Specific Plan), Zone Change (“ ZCC”) No. 188 -19 (changing the Property zoning from Commercial Automotive (CA)/Residential, multifamily – 8 units per acre (RM-8) with a Design Overlay to Imperial Avalon Specific Plan [IASP]), and Development Agreement No. 23-19 (“Original DA”) (inclusive of t he Adopting Ordinance ); and (iii) recommended that the City Council approve GPA No. 105-19, SP No. 21-19, ZCC No. 188-19, and DA No. 23-19 for the Project (DOR No. 1803-19, VTTM No. 83157, GPA No. 105-19, SP No. 21-19, ZCC No. 188-19, and DA No. 23-19 collectively, together with the EIR, the “Entitlements”). 4 01007.0580 2103038.2
I. Original City Council Approvals. On December 6, 2022, the City Council, after provision of the public notice required by law, held a public hearing to consider the Development Application and the Planning Commission’s actions and recommendations thereon .
Following the hearing, the City Council: (i) adopted City Council Resolution No. 22-242, making, ratifying and affirming the CEQA findings and the actions of the Planning Commission related to certification of the EIR with respect to approval of the V TTM and making findings pursuant to CEQA Guidelines Sections 15162 -15164, and modifying, pursuant to CMC Section 9173.4(c)(2)(b), the decision of the Planning Commission adopting Planning Commission Resolution No. 22 -244 with respect to the conditions of approval of the VTTM, pursuant to Developer’s appeal; (ii) adopted City Council Resolution No. 22-243, making, ratifying and affirming the CEQA findings and the actions of the Planning Commission related to certification of the EIR with respect to approval of the GPA, and approving the GPA; (iii) introduced, and subsequently, on December 13, 2022, adopted, Ordinance No. 22 -2221, making, ratifying and affirming the CEQA findings and the actions of the Planning Commission related to certification of the EIR with respect to approval of the SP and ZCC, conditionally approving the SP, and approving the ZCC; and (iv) introduced, and subsequently, on December 13, 2022, adopted, Ordinance No. 22 -2222, making, ratifying and affirming the CEQA findings and the actions of the Planning Commission related to certification of the EIR with respect to approval of the Original DA, and approving the Original DA.
J. Original Conditions of Approval. Exhibit “B” of Planning Commission Resolution No. 22- 244 imposes Conditions of Approval on Imperial Avalon Site Plan and Design Review No.
DOR 1803-19 (“DOR COAs”), and Exhibit “C” of Planning Commission Resolution No. 22-244, as amended by City Council Resolution No. 22 -242, imposes Conditions of Approval on Imperial Avalon Vesting Tentative Tract Map 83157 (“ VTTM COAs ”).
Exhibit “C” of City Council Ordinance No. 22 -2221 imposes Conditions of Approval on SP No. 21-19 (“SP COAs”).
K. Modifications to the Original Entitlements. The Original Entitlements were subsequently amended through Minor Modifications requested by Imperial Avalon and approved by the City pursuant to Section 12.4 of the Original DA, as follows (collectively, the “Approved Minor Modifications”):
• A Minor Modification approved on May 24, 2023, made revisions to the Original DA and resolved an inconsistency between the Specific Plan and the approved Project plans regarding the required Project building setback from the 405 freeway. • A Minor Modification approved on February 28 , 202 4, made revisions to the Original DA . This Minor Modification was approved pursuant to a Settlement Agreement and Mutual Release between the City and Imperial Avalon , which became effective on or about February 28, 2024 (“Original Settlement Agreement”).
• A Minor Modification approved on June 10, 2024, made revisions to the Original DA, the DOR COAs, the VTTM COAs, and the Mitigation Monitoring and Reporting Program Table included as Section 4.2 in the Final EIR (“MMRP”). 5 01007.0580 2103038.2
• A Minor Modification approved on May 8, 2025 , made revisions to the Original DA.
• A Minor Modification approved on February 4, 2026 made revisions to the Original DA, the DOR COAs, and the VTTM COAs. This Minor Modification was approved pursuant to an Amended and Restated Settlement Agreement and Mutual Release (amending and restating the Original Settlement Agreement ), which became effective on January 12, 2026.
L. Sale of Portion of the Property. Lennar purchased from Imperial Avalon the portion of the Property that will contain the Townhomes (“Lennar Transferred Property”) and entered into a Partial Assignment and Assumption Agreement with Imperial Avalon, recorded on October 1, 2024 (“A/A Agreement”), under which Imperial Avalon assigned to Lennar and Lennar assumed from Imperial Avalon all of Imperial Avalon’s rights and obligations regarding the Lennar Transferred Property , including rights and obligations under this Agreement, as more fully described in the A/A Agreement . As shown in Exhibit C of the A/A Agreement, the City consented to the assignment and assumption effectuated through the A/A Agreement, as required by Section 11 of this Agreement.
M. Application for Amended and Restated Development Agreement. In or about December of 2025, Developer submitted to the City an application to amend and restate the Original DA, in order to incorporate changes made through the Approved Minor Modifications and to make other revisions to the Original DA contained in this Agreement.
N. Approval of Amended and Restated Development Agreement . On January 27 , 2026, in accordance with Development Agreement Law, the Planning Commission held a duly noticed public hearing and adopted Resolution 26-2898, recommending that the City Council approve this Agreement. On _____________, 2026, the City Council introduced, and subsequently, on ____________, 202 6, adopted, Ordinance No. 26-2606, making CEQA findings and approving this Agreement. The Planning Commission and the City Council have found, on the basis of substantial evidence based on the entire administrative record, that this Agreement is consistent with all applicable plans, rules, regulations and official policies of the City.
O. Carson Park and Recreation Subsidy . The Original DA , in Section 3.1.1, required Developer to pay to the City Three Hundred Thousand Dollars ($300,000) to be used by City to subsidize Carson residents’ fees and costs associated with park and recreational registration, trophies, and jerseys (“Carson Park and Recreation Subsidy ”). City and Developer acknowledge and agree that Developer has paid the Carson Park and Recreation Subsidy to the City in full as of the Execution Date of this Agreement. This provision is omitted from Article 3 of this Agreement only because it has already been satisfied; nothing herein shall be construed to retroactively rescind, remove or otherwise affect the validity of the original obligation in any way.
P. Developer’s Interest in the Property. Developer currently owns the Property and as such, possesses the requisite equitable interest in the Property under Government Code Section 65865 that allows the Parties to enter into this Agreement. 6 01007.0580 2103038.2
Q. Effect on Original DA and Approved Minor Modifications . The Parties intend that this Agreement, upon taking effect, shall do the following:
(1) This Agreement shall supersede the Original DA and all amendments to the Original DA made through the Approved Minor Modifications. (2) Exhibit D shall super sede the DOR COAs and the VTTM COAs, including all revisions made to the DOR COAs and VTTM COAs through the Approved Minor Modifications. Exhibit D also includes the SP COAs, which have not been modified.
(3) Amendments made by the Approved Minor Modifications to Specific Plan No. 21- 19 and the MMRP shall remain in full force and effect.
COVENANTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. GENERAL DEFINITIONS.
In addition to those terms defined within the above Recitals and elsewhere within this Agreement, the following terms shall bear the meanings set forth below:
1.1 “Adopting Ordinance” means Ordinance No. 22-2222 approving the Original DA, introduced on December 6, 2022, and adopted on December 13, 2022.
1.2 “Agreement” means this Amended and Restated Development Agreement, including all of its exhibits.
1.3 “Annual Review” means the annual review of the Developer’s performance under this Agreement in accordance with Article 6 of this Agreement.
1.4 “Applicable Laws” means, collectively, the following:
a. The Project Development Approvals.
b. The Existing Land Use Regulations.
c. Subsequent Development Approvals.
d. Those Subsequent Land Use Regulations to which Developer has agreed in writing.
e. The Closure Approval and associated covenants and agreements, including without limitation the Option C Covenant and the Enhancements.
1.5 “Approval Date” means the date on which the City Council conducted the second 7 01007.0580 2103038.2
reading of the Adopting Ordinance. That date is December 13, 2022.
1.6 “CFD” means any Community Facilities District that is applicable to the Property and formed pursuant to the Mello Roos Community Facilities Act of 1982.
1.7 “City” means the City of Carson, a California Charter city.
1.8 “City Council” means the City Council of the City of Carson.
1.9 “CMC” means the Carson Municipal Code.
1.10 “Conditions of Approval” means all conditions imposed on the Project by the City, as amended by this Agreement, including (without limitation) those recommended by the Los Angeles County Fire Department, as part of the approval of the Project.
1.11 “Director” means the City’s Community Development Director, or his or her designee.
1.12 “Developer” means IMPERIAL AVALON DE, LLC, a California limited liability company, LENNAR HOMES OF CALIFORNIA, LLC, a California limited liability company, and their successors and assigns to all or any part of the Property . The respec tive rights and obligations of Imperial Avalon DE, LLC, and Lennar Homes of California, LLC, under this Agreement are further clarified in the A/A Agreement, including any amendments thereto.
1.13 “Developer’s Vested Right” means Developer’s right to complete the Project in accordance with, and to the full extent permitted under, the Applicable Laws and this Agreement, as more fully set forth in Articles IV-V of this Agreement.
1.14 “Development” means the improvement of the Property for the purposes of completing the structures, improvements, and facilities comprising the Project including, but not limited to: grading; the construction of infrastructure related to the Project whether located within or outside the Property; the construction of buildings and structures; and the installation of landscaping and other facilities and improvements neces sary or appropriate for the Project, and the maintenance, repair, or reconstruction of any building, structure, improvement, landscaping or facility after the construction and completion thereof.
1.15 “Development Approvals” means all Project -specific non-legislative approvals.
Development Approvals include, but are not limited to, plans, maps, permits, site plans, design guidelines, variances, conditional use permits, grading, building, and other similar permits, environmental assessments, including environmental impact reports, and any amendments, addenda or modifications to those matters. “Development Approvals” does not include (i) rules, regulations, policies, and other enactments of general ap plication within the City, (ii) legislative enactments, or (iii) any matter where City has reserved authority under Article 5 of this Agreement.
Development Approvals are not Land Use Regulations.
1.16 “Development Plan” means Developer’s plan for completion of the Project in compliance with and to the full extent of the Project Development Approvals and Applicable Laws. 8 01007.0580 2103038.2
1.17 “Effective Date ” means the date on which the Adopting Ordinance bec ame effective, or thirty (30) days after the second reading of the Adopting Ordinance.
1.18 “Entitlements” means this Agreement, and the other Entitlements and approvals listed in Recital H.
1.19 “Exhibit” means an exhibit to this Agreement, unless otherwise specifically referenced to a different agreement or document. The following exhibits are incorporated into the Agreement by reference as though set forth in full:
Exhibit A Legal description of the Property
Exhibit B Depiction of the Property
Exhibit C Public Open Space Areas
Exhibit D Amended and Restated COAs
Exhibit E Excerpts from 2022 California Mechanical Code (Including the July 1, 2024 Supplement)
1.20 “Existing Land Use Regulations” means (i) all Land Use Regulations in effect on the Effective Date and (ii) any changes to Land Use Regulations enacted on or after the Approval Date and before the Effective Date for which Developer has provided its written consent to allow those changes to apply to the Project.
1.21 “Land Use Regulations” are laws and regulations enacted through legislative actions of the City Council. Land Use Regulations include ordinances, laws, resolutions, codes, rules, regulations, policies, requirements, guidelines or other actions of City, including but not limited to the City’s General Plan and the CMC (including the Carson Zoning Ordinance, Chapter 1 of Article IX of the CMC) which affect, govern or apply to the development and use of the Property, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedicat ion of land for public purposes, and the design, improvement, and construction standards and specifications applicable to the Project. “Land Use Regulations” do not include (i) Development Approvals, (ii) regulations relating to the conduct of business, professions, and occupancies generally, (iii) taxes and assessments, (iv) regulations for the control and abatement of nuisances, (v) health and safety regulations, or (vi) any other matter reserved to the City pursuant to Article 5 of this Agreement.
1.22 “Mortgage” means a (i) mortgage, deed of trust, or other security instrument encumbering the Property or (ii) a pledge agreement encumbering the membershi p interests in a Developer.
1.23 “Mortgagee” means a mortgagee of a mortgage, a beneficiary under a deed of trust, a pledgee of a pledge agreement, or any other security device, a lender, or each of their respective successors and assigns.
1.24 “Project” as described this Agreement, means the development of the Property consistent with and to the full extent of the Project Development Approvals and all applicable Land Use Regulations.
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1.25 “Project Development Approvals” means all Development Approvals, inclusive of the Entitlements and all Conditions of Approval. Project Development Approvals include, without limitation, all Development Approvals needed or desired by Developer to complete the Project, provided that those Development Approvals are consistent with Developer’s Vested Right, this Agreement, and the City’s General Plan and the Carson Zoning Ordinance.
1.26 “Property” means the real property described in Exhibit “A” and shown in Exhibit “B.”
1.27 “Reservation of Authority” means the limitations, reservations, and exceptions to Developer’s Vested Right set forth in Article 5 of this Agreement.
1.28 “Subsequent Land Use Regulations ” means those Land Use Regulations which are both adopted and effective on or after the Approval Date and which are not included within the definition of Existing Land Use Regulations.
1.29 “Subsequent Development Approvals” means all Development Approvals issued subsequent to the Effective Date in connection with development of the Property, which shall include, without limitation, any changes to the Development Approvals.
1.30 “Term” shall have the meaning ascribed to it in Section 2.1, unless earlier terminated as provided in this Agreement.
2. TERM & GENERAL COVENANTS.
2.1 Term. The term of this Agreement (the “ Term”) starts on the Effective Date and shall expire 15 years after December 13, 2022 , subject to any early termination provisions described in this Agreement. The Term and expiration date of all Entitlements and Project Development Approvals shall also be extended to 15 years consistent with the Term of this Agreement.
2.2 Binding Effect of Agreement. From and following the Effective Date, actions by the City and Developer with respect to the development of the Property for completion of the Project, including actions by the City on applications for Subsequent Development Approvals affecting the Property, shall be subject to the terms and provisions of this Agreement.
2.3 Agreement Runs with the Land. This Agreement shall be recorded and shall run with the land. Pursuant to Government Code Section 65868.5, the burdens of this Agreement and each of its provisions shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the Parties, including, but not limited to, all parties that enter into lease agreements with Developer for possession of any part of the Property.
2.4 Covenant Against Discrimination. The Developer covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, sexu al orientation or gender preference, national origin, or ancestry in the performance of this Agreement. The Developer shall take affirmative action to ensure that employees are treated during employment without regard to their race, color, creed, 10 01007.0580 2103038.2
religion, sex, marital status, sexual orientation or gender preference, national origin, or ancestry.
2.5 Construction Timing and Park Closure. Developer covenants that Project construction will not commence until the existing mobilehome park at the Property (i.e., the Park) has been closed and all remaining Park residents or occupants have vacated the Property. As of the date of this Agreement, Developer and City acknowledge and agree that the Park has been closed and all Park residents or occupants have vacated the Property.
2.6 Park Closure Application and Covenants. Developer further acknowledges that nothing in this Agreement is intended to supersede or negate the benefits committed to Park residents (current or former) approved through the separate Closure Approval or associated covenants or agreements, including the Option C Covenant and the Enhancements, which are unrelated to the Project and this Agreement.
2.7 Original DA and Approved Minor Modifications.
2.7.1 From and a fter the effective date of the City ordinance approving this Amended and Restated Development Agreement, the Original DA and all revisions to the Original DA made in the Approved Minor Modifications shall be void and of no further force or effect, and shall be superseded by this Agreement, which is intended as an amendment and restatement of the Original DA.
2.7.2 From and after the effective date of the City ordinance approving this Amended and Restated Development Agreement, the DOR COAs and VTTM COAs and all revisions to the DOR COAs and VTTM COAs made in the Approved Minor Modifications shall be replaced in their entirety by the Amended and Restated DOR COAs and Amended and Restated VTTM COAs in Exhibit D of this Agreement.
2.7.3 Notwithstanding section 2.7.1 and 2.7.2, all revisions to Specific Plan No. 21 -19 and the MMRP made through the Approved Minor Modifications shall remain in full force and effect.
3. DEVELOPER’S OBLIGATIONS AND COMMUNITY BENEFITS.
As consideration for the granting of Developer’s Vested Right in accordance with Article 4 below and subject to the City’s Reservation of Authority set forth in Article 5 below, Developer shall do all of the following:
3.1 Senior and Veteran Housing.
3.1.1 Prior to issuance of a Certificate of Occupancy, the Developer shall prepare, submit to the City for review, and implement a veterans and senior citizen marketing and outreach program for the Project’s Apartment units, subject to the prior written approval of the Director, which approval shall not be unreasonably withheld, condition ed or delayed. Developer shall exclusively market the Project’s Apartment units to veterans and their families as well as senior citizens (over the age of 55) who currently reside within the City or the general South Bay area for a period of sixty (60) days prior to the units being offered for rent to the general public (“Exclusive Pre-Lease Period”). During this Exclusive Pre-Lease Period, Developer shall make best efforts to 11 01007.0580 2103038.2
lease units to local veterans and their family members and senior citizens provided that all such applicants meet generally applicable leasing qualifications and criteria imposed by Developer.
Nothing in this Agreement shall require that any of the Project Apartment units be actually occupied by local veterans or their family members. Further, nothing in this Agreement requires more than 83 of the total 1,115 units to be leased to senior citizens at a given time.
3.1.2 Commencing two years after issuance of a certificate of occupancy for the second Apartment building, Developer shall demonstrate to the City on an annual basis that at least eighty- three (83) of the Project’s Apartment units are rented to senior citizens (defined as fifty -five (55) years or older) (“Project Senior Obligation”). The Developer shall demonstrate it is meeting the Project Senior Obligation by providing rental information or other form of occupancy verification confirming that seniors are renting at least 83 of the Project Apartment units.
3.2 Apartment and Townhome Enhanced Sustainability and Environmental Benefits. Developer shall agree to incorporate the following enhanced sustainability and environmental benefits into construction of the Apartments and Townhomes for the Project. In recognition of the enhanced environmental benefits provided by the Project Apartments and Townhomes through this Section 3. 2, the City shall subject the Project Apartments and Townhomes to the 2019 California Building Standards Code as applicable to and/or adopted by the City pursuant to CMC Article VIII, provided Developer submits a conceptual design package to the City’s Building & Safety Department on the City Building & Safety Department’s Online Plan check (BSOP) website prior to January 1, 2023. The conceptual design package shall consist of a schematic set of development and design plans for all disciplines with sufficient detail for the City to undertake zoning compliance review, but shall not be required to include landscaping, structural, energy, accessibility, mechanical, electrical and/or plumbing related plans and design, provided it is within the City’s legal discretion to deem such submittal complete as necessary to facilitate such grandfathering under applicable state and local law. A full set of construction plans with all disciplines shall be submitted prior to January 1, 2024 for the Apartments and Townhomes. Upon submittal of the full set of construction drawings, the Project shall be subject to the 2019 California Building Standards Code for the Term of this Agreement as specified in Section 2.1. It is further acknowledged that Developer submitted the necessa ry construction documents to the City’s Building & Safety Department on or before December 11, 2023, prior to the January 1, 2024 deadline, and has therefore fully satisfied the requirements as set forth above in this Section 3.2 to subject the entire Project (Townhomes and Apartments) to the 2019 California Building Standards Code for the duration of the Term of the Agreement.
a. Refrigerant Requirements and Additional EVCS Requirements for Apartments.
(i) Notwithstanding the first paragraph of Section 3. 2, the Apartments shall comply with Sections 1104.6.1 through 1104.6.2.4, inclusive, of the 2022 California Mechanical Code (“CMC”) (including the July 1, 2024 Supplement), attached hereto as Exhibit E, which specify the type of refrigerant to be used for air conditioning systems and provide enhanced environmental benefits as compared to the requirements of the 2019 CMC.
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(ii) In addition to the 15% of Apartment building parking spaces requiring full EVCS with EV chargers installed under subsection
3.2(b), an additional five percent (5%) of the Apartment parking spaces (otherwise required to only have conduit and wiring for future EVCS installation under subsection 3. 2(b)) shall have full EVCS with EV chargers installed.
(iii) Notwithstanding any other provision of this subsection 3. 2(a), the Apartments shall comply with the 2019 California Building Code requirements, including requirements related to providing conduit to ensure the Apartments are solar -ready for future installations.
Where there are inconsistencies between the require ments of this Agreement and the 2019 California Building Code, Developer shall comply with the requirements of the 2019 California Building Code with the Los Angeles County Amendments.
(iv) This subsection 3. 2(a) does not alter or modify any requirement applicable to the Townhomes.
b. Enhanced Electric Vehicle Charging Stations (“EVCS”). Developer shall equip a total of fifty percent (50%) of the Project parking spaces with an EVCS benefit, as follows: (a) fifteen percent (15%) of the total Project parking spaces shall be full EVCS, with EV chargers installed; and (b) thirty-five percent (35%) of the total Project parking spaces shall have conduit and wiring to allow for future EVCS installation. The electrical panel for all buildings shall be designed such that it can accommodate full EVCS for 50% of parking spaces for the Project. EVCS spaces shall be assigned and managed in accordance with the parking management plan required per the Conditions of Approval, which may require the Developer to convert the EVCS parking spaces that are initially only provided with conduit and wiring into full EVCS parking spaces (with chargers installed) incrementally over time based on tenant need. All Townhomes shall have 240 volt NEMA 14-50 installed in the garage. All Townhomes shall have conduit and wiring for future solar installations.
c. Mechanical Dwelling Unit System Efficiency Benefit. The Project provides a mechanical dwelling unit system with a Seasonal Energy Efficiency Ratio (“SEER”) of
15. d. Lighting Occupancy Sensors and Fenestration Energy Efficiency.
Notwithstanding any other provision of this Section 3.2, the Project shall: (i) provide state of the art occupancy sensors consistent with the California Energy Code in place at the time the time of Project permitting; and (ii) purchase and install windows and exterior façade materials consistent with the California Energy Code requirements in place at the time of Project permitting.
3.3 Publicly Accessible, Privately Maintained Open Space. Developer shall make the Project open space areas identified on Exhibit C attached to this Agreement (“ Public Open Space Areas”), which total approximately 111,581 square feet, accessible to the public during the hours of 7:00 a.m. to 7:00 p.m. Developer shall be fully responsible for all maintenance, care and upkeep of the Public Open Space Areas through the life of the Project; this obligation shall survive 13 01007.0580 2103038.2
any termination or expiration of this Agreement.
3.4 Existing Pedestrian Bridge. Developer and City shall immediately commence good faith negotiations on improving the existing bridge that crosses the Dominguez Channel and connects Avalon Boulevard with Lenardo Boulevard (“Bridge”). Such negotiations will focus on improvements to the Bridge that will a) create and enhance the pedestrian access between Avalon Boulevard and Lenardo Boulevard; and b) improve the aesthetic appearance of the Bridge and the pedestrian connection between Avalon Boulevard and Lenardo Boulevard. Subject to any requisite approvals from any authority with j urisdiction over the Bridge, such improvements will include, but are not limited to, the following:
(1) removing the existing “PEDESTRIANS PROHIBITED” sign to allow for pedestrian access;
(2) restriping, or otherwise improving the aesthetic appearance of the Bridge; (3) improving the pedestrian experience between Avalon Boulevard and Lenardo Boulevard through the installation of new landscaping and amenities such as additional wayfinding signage, etc. or other aesthetic improvements (collectively, the “Improvements”).
Developer shall contribute an aggregate amount up to but not to exceed one hundred and twenty - five thousand dollars ($125,000), unless otherwise agreed to by Developer and City in a separate agreement, towards the Improvement no later than five (5) years from the Effective Date.
3.5 Restaurant and Kitchen Timing. Developer agrees that the restaurant space to be included in the Project’s approximately 10,000 square feet (including outdoor/patio space) of ground floor commercial area must include a fully built out kitchen prior to issuance of a certificate of occupancy for the last residential building constructed within the Project.
3.6 Art Benefit.
a. Apartments. Prior to issuance of any certificates of occupancy for each of the two Apartment buildings, the Developer shall pay a public art fee equal to one percent (1%) of the total building valuation for the respective Apartment buildings as determined by the City’s Building Official in accordance with the Marshall -Swift Valuation Guide per the City Building Official’s standard practice (“Apartment Art Fee”).
In lieu of paying the Apartment Art Fee, Developer may incorporate on-site art (“Apartment Art”), including but not limited to art within the exterior north side of the Project facing the 405 freeway, to the satisfaction of the Director, in which case Developer shall submit an Apartment Art plan, valuation, and implementation plan to the Director prior to issuance of the first certificate of occupancy for the respective Apartment building.
Unless otherwise approved by the Director pursuant to the Apartment Art implementation plan, Developer’s on -site Apartment Art which corresponds to a particular building shall be installed prior to issuance of a final certificate of occupancy for the respective building. Individual 14 01007.0580 2103038.2
art valuations shall be submitted for each building. Should the value of Developer’s onsite Apartment Art be less than one percent (1%) of the total building valuation for each of the two Apartment buildings, respectively, then Developer shall pay the City the difference in its entirety prior to issuance of the final certificate of occupancy for the respective Apartment building.
b. Townhomes. Prior to issuance of any certificates of occupancy for the Townhomes, the Developer shall pay a public art fee equal to one percent (1%) of the total building valuation for all Townhomes as determined by the City’s Building Official in accordance with the Marshall-Swift Valuation Guide per the City Building Official’s standard practice (“ Townhome Art Fee”).
In lieu of paying the Townhome Art Fee, Developer may incorporate on-site art (“Townhome Art”), including but not limited to art within the exterior north side of the Project facing the 405 freeway, to the satisfaction of the Director, in which case Developer shall submit a Townhome Art plan, valuation, and implementation plan to the Director prior to issuance of the first certificate of occupancy for the Townhomes.
Unless otherwise approved by the Director pursuant to the Townhome Art implementation plan, Developer’s on-site Townhome Art shall be installed prior to issuance of a final certificate of occupancy for the Townhomes. Should the value of Developer’s onsite Townhome Art be less than one percent (1%) of the total building valuation for Townhomes, then Developer shall pay the City the difference in its entirety prior to issuance of the certificate of occupancy for the 150th Townhome constructed as part of the Project.
3.7 Traffic Signal. Developer shall fund and install a new traffic signal at the Project entry location on Avalon Boulevard between the I-405 interchange and 213th Street, in accordance with plans approved by the City’s Director of Public Works or his or her designee, which shall include approval of the projected costs. Developer will be eligible for reimbursement of up to 50% of the approved costs of the new traffic signal by City upon completion of the comprehensive redevelopment of the Kott site (located to the east of the Property, north of E. 213th St. and east of Avalon Blvd. to the I -405 freeway). Developer shall submit plans for the traffic signal with an estimate of the cost prior to issuance of the first building permit issued for the Project and shall complete installation prior to issuance of the first Project certificate of occupancy.
In addition to the traffic signal at the Project entry location on Avalon Boulevard between the I-405 interchange and 213th Street, Developer is responsible to signalize the currently stop - controlled Grace Avenue/213th Street intersection per MMRP PDF-TRA-2 (“Grace Avenue/213th Street Signalization”). In lieu of signalizing the intersection, Developer may pay an in -lieu fee of Seven Hundred and Fifty Thousand Dollars ($750,000) to the City. The in-lieu fee shall be payable as follows: One Hundred Thousand Dollars ($100,000) shall be due prior to issuance of any Building Permit for the Project and Six Hundred and Fifty Thousand Dollars ($650,000) shall be due prior to issuance of any Certificate of Occupancy for the Projec t in order to satisfy the requirement. The amount prescribed shall be used by the City to upgrade the Grace Avenue/213th Street intersection.
4 DEVELOPMENT OF THE PROPERTY.
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4.1 Scope of Developer’s Vested Right. Subject to the Reservation of Authority set forth in Article 5, Developer shall have the vested right to develop the Project in accordance with and to the full extent permitted under the Applicable Laws and this Agreement (“ Developer’s Vested Right”).
4.2 Effect of Agreement on Land Use Regulations . Except as otherwise provided under the terms of this Agreement, the rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to the Development of the Pr operty, shall be as set forth in the Existing Land Use Regulations which were in full force and effect as of the Effective Date, subject to the terms of this Agreement.
4.3 Rights under State and Federal Law. Developer shall retain all rights it has under state and federal law, including, but not limited to, Developer’s rights under Government Code Section 65865.2, which provides that subsequent discretionary actions shall not prevent development of the Property for the uses and to the density or intensity of development set forth in the Project Development Approvals.
4.4 Apportionment. Developer shall have the right to apportion the uses, intensities, and densities of the Project between itself and any subsequent owners, upon the sale, transfer, or assignment of all or any portion of the Property, so long as such apportionment is consistent with the Applicable Laws and this Agreement.
4.5 Lesser Development. Except as otherwise provided in this Agreement: without amending this Agreement, Developer shall ha ve the right to elect to develop and construct upon all or any portion of the Property a Project of lesser height or building size than that permitted by the Project Development Approvals provided that the Project otherwise complies with the Project Development Approvals and this Agreement.
4.6 Project Development Approvals; Subsequent Development Approvals. The Project Development Approvals for the Project may require the processing of Subsequent Development Approvals. Subject to the provisions of Section 4.7 below, the City shall accept for processing, review and action all applications for Subsequent Development Approvals, and such applications shall be processed in the normal manner for processing such matters in acco rdance with the Existing Land Use Regulations. The parties acknowledge that s ubject to the Existing Land Use Regulations, under no circumstances shall City be obligated in any manner to approve any Subsequent Development Approval, or to approve any Subsequent Development Approval with or without any particular condition. However, unless otherwise requested by Developer, City shall not, without good cause, amend or rescind any Subsequent Development Approvals respecting the Property after such approvals have been granted by the City. Processing of Subsequent Development Approvals or changes in the Project Development Approvals made pursuant to Developer’s application shall not require an amendment to this Agreement. This Agreement shall not prevent City from denying or conditionally approving any application for a Subsequent Development Approval on the basis of the Existing Land Use Regulations.
4.7 Role of Project Development Approvals . Except as provided within this 16 01007.0580 2103038.2
Agreement, the Project Development Approvals shall exclusively control the uses of the Property, the density or intensity of use, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes and the design, improvement, and construction standards and specifications applicable to the Project. Pursuant to Government Code Section 66452.6, the term of any tentative map for the Property or any portion thereof, if any, filed within the term of this Agreement shall automatically be extended for the term of this Agreement, as amended by the Project Development Approvals. In addition, Developer shall have the right to commence Project construction of both Apartment buildings and the Townhomes within the Project prior to the recordation of an approved final subdivision map No. 83157 if applicable permits have been issued and all other applicable conditions of approval and Development Agreement provisions are met . However, the approved final subdivision map must be recorded prior to issuance of an y certificates of occupancy (temporary or otherwise) for the Project, and prior to any occupancy of the Project. Following recordation of the final subdivision map, temporary certificates of occupancy shall be issued if buildings or units are deemed to have satisfied all applicable fire -life safety components and systems to safely occupy the completed areas as determined by the Building Official. To support development of the Project, which may be completed in phases, the City hereby agrees that final certif icates of occupancy shall also be issued for each individual Project phase. The anticipated phases consist of: (i) the Townhome component, (ii) the first Apartment building and (iii) the second Apartment building, respectively. Any tentative map prepared for the Project subdivision will comply with Government Code Section 66473.7.
4.8 Moratorium. Notwithstanding any other provision of this Agreement, no future amendment of any existing City ordinance or resolution or any subsequent ordinance, resolution or moratorium, enacted either by the City Council or by voter approved initiative, that purports to impose or result in a limitation on the Project, imposed by City, shall apply to govern, or regulate the Project or development or use of the Property during the Term. In the event of any such subsequent action by City, Developer shall continue to be entitled to apply for and receive Development Approvals in accordance with the Existing Land Use Regulations, subject only to the exercise of the City’s Reservation of Authority set forth herein.
4.9 Maintaining Property. The Property must at all times be maintained and generally kept in a clean condition, in accordance with the CMC and the City’s code enforcement regulations.
5. CITY’S RESERVATION OF AUTHORITY.
Notwithstanding Developer’s Vested Right, the Project is subject to the following Subsequent Land Use Regulations:
5.1 City’s Discretion Under Applicable Laws. In considering future applications, if any, for a Subsequent Development Approval, the City may exercise its regulatory discretion to the extent permitted by the Applicable Laws.
5.2 Uniform Codes. Changes adopted by the International Conference of Building Officials, or other similar body, as part of the then most current versions of the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Mechanical Code, or National Electrical Code, or other such Uniform Codes, and also adopted by City as Subsequent Land Use 17 01007.0580 2103038.2
Regulations, but only if: (i) the Project is not subjected to the 2019 codes pursuant to Section 3.2 of this Agreement; and (ii) such changes are applicable City-wide.
5.3 Emergencies. Emergency rules, regulations, laws, and ordinances within the City’s police power that would limit the exercise of Developer’s Vested Right (“ Conflicting Emergency Regulations”), provided that the Conflicting Emergency Regulations:
a. Result from a sudden, unexpected emergency declared by the President of the United States, Governor of California, County Board of Supervisors and applicable to incorporated areas, including the City, or the City Council; b. Address a clear and imminent danger, with no effective reasonable alternative available that would have a lesser adverse effect on Developer’s Vested Right;
c. Do not primarily or disproportionately impact the development of the Project; and
d. Are based upon findings of necessity established by a preponderance of the evidence at a public hearing.
5.4 Laws of Other Jurisdictions. Other public agencies not subject to control by City may possess authority to regulate aspects of the Project. This Agreement does not limit the authority of such other public agencies. Therefore:
a. Federal, state, county, and multi -jurisdictional laws and regulations (the “Additional Regulations”), including regional impact fees, which City is required to enforce against the Property or the Project, except if the Additional Regulations are for the purpose of mitigating a significant or potentially significant impact that has already been mitigate d pursuant to the Project’s EIR.
b. If an Additional Regulation is enacted after the Effective Date and prevents or precludes compliance with one or more of the provisions of this Agreement, those provisions shall be modified or suspended as may be necessary to comply with the Additional Regulation. In that event, this Agreement shall remain in full force and effect to the extent it is not inconsistent with the Additional Regulation and to the extent that the suspension or modification necessitated by the Additional Regulation does not deny one of the Parties its primary benefits under this Agreement. c. Developer shall apply in a timely manner for such other permits and approvals that are lawfully required by other governmental or quasi - governmental agencies in order to allow the Project to be constructed. City shall provide Developer reasonable cooperation in Developer’s efforts to obtain such permits and approvals. The Parties shall cooperate and use reasonable efforts in coordinating the implementation of the Development with other public agencies, if any, having jurisdiction over the Property or 18 01007.0580 2103038.2
the Project.
5.5 Modification or Suspension by Federal or State Laws. In the event that Federal or State laws or regulations, enacted after the Effective Date, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such Federal or State laws or regulations, and this Agreement shall rem ain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provision impractical to enforce.
5.6 Employment Outreach for Local Residents. A goal of the City with respect to this Project and other major projects within the City is to foster employment opportunities for Carson residents. To that end, Developer covenants that with respect to the construction, operation and maintenance of the Project, the Developer shall make reasonable efforts to cause all solicitations for full or part -time, new or replacement, employment relating to the c onstruction, operation and maintenance of the Project to be advertised in such a manner as to target local City residents and shall make other reasonable efforts at local employment outreach as the City shall approve. Developer shall also notify the City o f jobs available at the Project such that the City may inform City residents of job availability at the Project. Developer will inform its purchasers and lessees of the provisions of these requirements. Nothing in this paragraph shall require Developer to offer employment to individuals who are not otherwise qualified for such employment. Without limiting the generality of the foregoing, the provisions of this Section 5.6 are not intended, and shall not be construed, to benefit or be enforceable by any person whatsoever other than City.
5.7 Prevailing Wages. Developer’s cost of developing the Project and constructing all of the on-site and off-site improvements, if any, at or about the Property required to be constructed for the Project shall be borne by Developer. Developer is aware of the laws of the State governing the payment of prevailing wages on public projects and will comply with same and will defend, hold harmless, and indemnify City in the event Developer fails to do so. As the City is not providing any direct or indirect financial assistance to Developer, the Project should not be considered to be a “public work” “paid for in whole or in part out of public funds,” as described in California Labor Code Section 1720. Accordingly, it is believed by the parties that Developer is not required to pay prevailing wages in connection with any aspect of the Development or the construction of the Project. However, to the extent that (contrary to the parties’ intent) it is determined that Developer was required to pay prevailing wage and has not paid prevailing wages for any portion of the Project, Developer shall defend, indemnify, and hold the City (which, for purposes of this section, shall include its related agencies, officers, employees, agents and assigns) harmless from and against any and all increase in construction costs, or other liability, loss, damage, costs, or expenses (including reasonable attorneys’ fees and court costs) arising from or as a result of any action or determination that Developer failed to pay prevailing wages in connection with the construction of the Project. City shall reasonably cooperate with Developer regarding any action by Developer hereunder challenging any determination that the Project is subject to the payment of prevailing wages. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without Developer’s consent as to the City’s liabilities or rights only, but should it do so, City shall waive the indemnification herein provided such waiver occurs prior to the issuance of any judgment in the matter. 19 01007.0580 2103038.2
5.8 Fees, Taxes, and Assessments.
a. Processing Fees. The Developer shall pay all processing fees and charges of every kind and nature imposed by City to cover the estimated actual costs to City of processing applications for Project Development Approvals, including but not limited to, City Attorney fees incurred by City for the review, preparation and negotiation of the Entitlements, inclusive of this Agreement, at a rate of $495 pe r hour for partners and $395 per hour for associates, and for monitoring compliance with any Project Development Approvals granted or issued, in accordance with the Reimbursement and Indemnification Agreement entered into by and between the Parties effective December 16, 2019, and as amended and restated pursuant to the First Amended Reimbursement and Indemnification Agreement entered into by and between the Parties effective June 1, 2022, and as the same may be amended from time to time by mutual agreement of the Parties. b. Permit Fees. Except as expressly provided in this Agreement, Developer shall pay all standard permit fees and other fees and charges which are standard and uniformly-applied to similar projects in the City. c. Master Community Facilities District. On November 7, 2018, the City formed a Master CFD entitled City of Carson Community Facilities District No. 2018 -01 (Maintenance and Services) (the “ Master CFD ”) for the purpose of funding the maintenance of public infrastructure within the area of the Master CFD which is within the City’s jurisdictional boundaries (the “Services”) including areas that voluntarily annex into the Master CFD .
The Parties agree that the City will not require annexation of the Property or the Project into the Master CFD for the life of the Project. This provision shall survive the Term of the Agreement.
d. Development Impact Fee. Developer shall be required to pay any Development Impact Fees that would normally be required in the execution of the Project pursuant to City Ordinance No. 19-1931. In accordance with Carson Municipal Code Section 11504, the City has determined that Developer shall not be required to pay Development Impact Fees for any Townhome or Apartment building until the issuance of a certificate of occupancy for the specific Tow nhome or Apartment building or up to twelve (12) months following the issuance of the building permit for the specific Townhome or Apartment building, w hichever occurs first. The deferred Development Impact Fee payments will be based on the fees in effect at the time of actual payment, including any applicable fee credits or reimbursements to which Developer might be entitled under the Carson Municipal Code. Developer’s obligation for payment of Development Impact Fees is as more particularly detailed in DOR Condition of Approval No. 59 and VTTM Condition of Approval No. 103. This provision is intended to be, and shall be implemented so as to be, consistent with the requirements of Government Code Section 66007, and is not intended to 20 01007.0580 2103038.2
confer a unique or special benefit on the Project that it would not otherwise be entitled to under state law and the Carson Municipal Code. e. General Charges . Nothing herein shall proh ibit the application of the following, if lawfully imposed upon the Property, excluding any existing or future CFD:
(i) Additional Taxes, Fee, and Charges. Developer, or Developer’s Project occupants, shall pay all normal and customary taxes, fees, and charges applicable to all permits necessary for the Project, and any taxes, fees, and charges hereafter imposed by City, which are standard and uniformly-applied to similar properties in the City. (ii) Developer, or Developer’s Project occupants, shall be obligated to pay any fees or taxes, and increases thereof, imposed on a City-wide basis such as business license fees or taxes, sales or use taxes, transient occupancy taxes, utility taxes, and public safety taxes; (iii) Developer, or Developer’s Project occupants, shall be obligated to pay any fees imposed pursuant to any Uniform Code.
(iv) Developer, or Developer’s Project occupants, shall be obligated to pay any utility fees and charges, including amended rates thereof, for City services such as electrical utility charges, water rates, and sewer rates.
5.9 Inconsistencies. It is expressly agreed that in the event of any inconsistency between the provisions or conditions of the Existing Land Use Regulations or Conditions of Approval and the provisions of this Agreement, the provisions of this Agreement shall govern.
The condi tions of such Existing Land Use Regulations and Conditions of Approval shall be interpreted insofar as possible to prevent such inconsistency, and in the event this Agreement is silent concerning an issue, the conditions of the Existing Land Use Regulations and Conditions of Approval shall govern. As between several instruments and regulations governing the Project, in the event of a clear and explicit conflict which cannot be resolved through interpretation, the following interpretive priorities shall apply: (i) the terms of this Agreement shall prevail over the provisions of the Existing Land Use Regulations and Project Development Approvals except where the Conditions of Approval are more restrictive, in which event the Conditions of Approval shall prevail; (ii) the terms of the Project Development Approvals shall prevail over the terms of the Existing Land Use Regulations, except where such Existing Land Use Regulations are legally preemptive; and (iii) the terms of the Project Development Approvals shall take priority over the provisions of the CEQA instruments and EIR approved in conjunction with the Project, except where the EIR is legally preemptive.
6. ANNUAL REVIEW.
6.1 Timing of Annual Review. Pursuant to Government Code Section 65865.1, at least once during every twelve (12) month period of the Term, City shall review the good faith compliance of Developer with the terms of this Agreement (“Annual Review”). No failure on the 21 01007.0580 2103038.2
part of City to conduct or complete an Annual Review as provided herein shall have any impact on the validity of this Agreement, nor shall it be deemed a breach on the part of Developer. The cost of the Annual Review shall be borne by Developer and Developer shall pay the actual and reasonable costs incurred by the City for such review.
6.2 Special Review. The City Council may, in its sole and absolute discretion, order a special review of compliance with this Agreement at any time at City’s sole cost (“ Special Review”). Developer shall cooperate with the City in the conduct of such Special Reviews.
6.3 Standards for Annual Review. During the Annual Review, Developer shall demonstrate good faith compliance with the terms of this Agreement. “Good faith compliance” shall be established if Developer is in substantial compliance with the material terms and conditions of this Agreement.
6.4 Procedure. Each party shall have a reasonable opportunity to assert matters which it believes have not been undertaken in accordance with the Agreement, to explain the basis for such assertion, and to receive from the other party a justification of its position on such matters.
The procedure for an Annual Review or Special Review shall be as follows:
a. As part of either an Annual Review or Special Review, within ten (10) days of a request for information by the City, the Developer shall deliver to the City all information and supporting documents reasonably requested by City (i) regarding the Developer’s performance under this Agreement demonstrating that the Developer has complied in good faith with the terms of this Agreement, and (ii) as required by the Existing Land Use Regulations.
b. The City Manager, or his/her designee, shall prepare and submit to Developer a written report on the performance of this Agreement and identify any perceived deficiencies in Developer’s performance of this Agreement. The Developer may submit written responses to the report and Developer’s written response shall be included in the City Manager’s report. If the City Manager determines that the Developer has substantially complied with the terms and conditions of this Agreement, the Annual or Special Review shall be concluded.
c. If any deficiencies are noted, or if requested by a Councilmember, a public hearing shall be held before the City Council at which the Council will review the City Manager’s report. The report to Council shall be made at a regularly-scheduled City Council meeting occurring as soon as possible, subject to the requirements of the Brown Act, after the commencement of the Annual or Special Review process outlined in this Section 6.4. If the City Council finds and determines, b ased on substantial evidence, that the Developer has not substantially complied with the terms and conditions of this Agreement for the period under review, the City may declare a default by the Developer in accordance with Article 7.
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d. Neither party hereto shall be deemed in breach if the reason for non - compliance is due to a “force majeure” as defined in, and subject to the provisions of, Section 13.11.
6.5 Certificate of Agreement Compliance. If, at the conclusion of an Annual Review or a Special Review, Developer is found to be in compliance with this Agreement, City shall, upon written request by Developer, issue a Certificate of Agreement Compliance (“ Certificate”) to Developer stating that after the most recent Annual Review or Special Review and based upon the information known or made known to the City Manager, Planning Commission, and City Council that (i) this Agreement remains in effect and (ii) Developer is in compliance. The Certificate, whether issued after an Annual Review or Special Review, shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance. Developer shall at its cost record the Certificate with the County Recorder.
Additionally, Developer may at any time request from the City a Certificate stating, in addition to the foregoing, which obligations under this Agreement have been fully satisfied with respect to the Property, or any lot or parcel within the Property.
6.6 Review Process Not a Prerequisite to Declaring a Default . Neither the Annual Review nor Special Review procedure is a prerequisite to either party declaring a default and initiating the default and cure procedure in Article 7. In other words, either party may declare a default at any time without first undertaking the Annual Review or Special Review process.
6.7 Public Hearings. The public hearing prescribed by Section 6.4 is independent of, and in addition to, any further hearing procedures relating to defaults and remedies prescribed in Article 7 below. Thus, if the City Council finds that the Developer has not substantially complied with the terms and conditions of this Agreement as part of a review process pursuant to Section
6.4 and determines to declare a default, the City Council is still required to follow the notice/cure process (Section 7.2) and the termination hearing process (Section 7.4) before terminating this Agreement.
7. DEFAULTS AND REMEDIES.
7.1 Remedies Available. The parties acknowledge and agree that other than the termination of this Agreement pursuant to Article 7, specific performance, injunctive and declaratory relief are the only remedies available for the enforcement of this Agreement and knowingly, intelligently, and willingly waive any and all other remedies otherwise available in law or equity. Accordingly, and not by way of limitation, and except as otherwise provided in this Agreement, Developer shall not be entitled to any money damages from City by rea son of any default under this Agreement. Further, Developer shall not bring an action against City nor obtain any judgment for damages for a regulatory taking, inverse condemnation, unreasonable exactions, reduction in value of property, delay in undertaking any action, or asserting any other liability for any matter or for any cause which existed or which the Developer knew of or should have known of prior to the time of entering into this Agreement, Developer’s sole remedies being as specifically provided above. Developer acknowledges that such remedies are adequate to protect Developer’s interest hereunder and the waiver made herein is made in consideration of the obligations assumed by the City hereunder.
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7.2 Declaration of Default & Opportunity to Cure.
a. Rights of Non-Defaulting Party after Default. The parties acknowledge that both parties shall have hereunder all legal and equitable remedies as provided by law following the occurrence of a default or to enforce any covenant or agreement herein except as provided in Section 7.1. Before this Agreement may be terminated or action may be taken to obtain judicial relief the party seeking relief (“Non-Defaulting Party”) shall comply with the notice and cure provisions of this Section 7.2.
b. Notice and Opportunity to Cure. A Non-Defaulting Party in its discretion may elect to declare a default under this Agreement in accordance with the procedures hereinafter set forth for any failure or breach of the other party (“Defaulting Party ”) to perform any material duty or obligation of the Defaulting Party under the terms of this Agreement. However, the Non - Defaulting Party must provide written notice to the Defaulting Party setting forth the nature of the breach or failure and the actions, if any, required by the Defaulting Party to cure such breach or failure (the “ Default Notice”).
The Defaulting Party shall be deemed in Default under this Agreement, if the breach or failure can be cured, but the Defaulting Party has failed to take such actions and cure such default within thirty (30) days after the date of such notice or ten (10) days for monetary defaults (or such lesser time as may be specifically provided in this Agreeme nt). However, if such non - monetary Default cannot be cured within such thirty (30) day period, and if and, as long as the Defaulting Party does each of the following:
(i) Notifies the Non -Defaulting Party in writing with a reasonable explanation as to the reasons the asserted default is not curable within the thirty (30) day period;
(ii) Notifies the Non -Defaulting Party of the Defaulting Party’s proposed cause of action to cure the default;
(iii) Promptly commences to cure the default within the thirty (30) day period;
(iv) Makes periodic reports to the Non -Defaulting Party as to the progress of the program of cure; and
(v) Diligently prosecutes such cure to completion.
Then the Defaulting Party shall not be deemed in breach of this Agreement.
7.3 Termination Notice. Upon receiving a Default Notice, should the Defaulting Party fail to timely cure any default, or fail to diligently pursue such cure as prescribed above, the Non- Defaulting Party may seek termination of this Agreement, in which case the Non-Defaulting Party shall provide the Defaulting Party with a written notice of intent to terminate this Agreement (“Termination Notice”). The Termination Notice shall state that the Non -Defaulting Party will 24 01007.0580 2103038.2
elect to terminate this Agreement within thirty (30) days and state the reasons therefor (including a copy of any specific charges of default or a copy of the Default Notice) and a description of the evidence upon which the decision to terminate is based. Once the Termination Notice has been issued, the Non-Defaulting Party’s election to terminate this Agreement will only be rescinded if so determined by the City Council pursuant to Section 7.4.
7.4 Hearing Opportunity Prior to Termination. If Developer is the Defaulting Party pursuant to Section 7.3, then the City’s Termination Notice to Developer shall additionally specify that Developer has the right to a hearing prior to the City’s termination of any Agreements (“Termination Hearing”). The Termination Hearing shall be scheduled as an open public hearing item at a regularly-scheduled City Council meeting within thirty (30) days of the Termination Notice, subject to any legal requirements including but not limited to the Ralph M. Brown Act, Government Code Sections 54950-54963. At said Termination Hearing, Developer shall have the right to present evidence to demonstrate that it is not in default and to rebut any evidence presented in favor of termination. Based upon substantial evidence presented at the Termination Hearing, the Council may, by adopted resolution, act as follows:
a. Decide to terminate this Agreement; or
b. Determine that Developer is innocent of a default and, accordingly, dismiss the Termination Notice and any charges of default; or
c. Impose conditions on a finding of default and a time for cure, such that Developer’s fulfillment of said conditions will waive or cure any default.
Findings of a default or a conditional default must be based upon substantial evidence supporting the following two findings: (i) that a default in fact occurred and has continued to exist without timely cure, and (ii) that such default has caused or will cause a material breach of this Agreement and/or a substantial negative impact upon public health, safety and welfare, the environment, or such other interests that the City and public may have in the Project.
7.5 Rights and Duties Following Termination. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to (i) any obligations to have been performed prior to said termination, (ii) any default in the performance of the provisions of this Agreement which has occurred prior to said termination, or (iii) the indemnification provisions of Article 8. Termination of this Agreement pursuant to this Section 7 shall automatically terminate the Project Development Approvals.
7.6 Waiver of Breach. By not challenging any Development Approval within ninety (90) days of the action of City enacting the same, Developer shall be deemed to have waived any claim that any condition of approval is improper or that the action, as approved, constitutes a breach of the provisions of this Agreement.
7.7 Interest on Monetary Default. In the event Developer fails to perform any monetary obligation under this Agreement, Developer shall pay interest thereon at the rate of six and one-half percent (6.5%) per annum from and after the due date of said monetary obligation until payment is actually received by City.
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8. THIRD PARTY LITIGATION.
8.1 Indemnity Obligations on Third-Party Claims
a. Developer hereby agrees to indemnify, defend, and hold City, its officers, agents, employees, members of its City Council and any commission, partners and representatives (" City Indemnitees") harmless from any and all claims, actions, suits, damages, liabilities, and any other actions or proceedings (whether legal, equitable, declaratory, administrative, or adjudicatory in nature) (collectively, " Claims"), asserted against City or City Indemnitees arising out of or in connection with this Agreement, including, without limitation, (i) City's approval of this Agreement and all documents related to any of the Project Development Approvals, Conditions of Approval, permits, or other entitlements for the Project and issues related thereto (including, without limit ation, City’s determinations regarding CEQA compliance and/or any other development incentives granted to the Project), (ii) the development of the Project, (iii) liability for damage or claims for damage for personal injury including death and claims for property damage which may arise from, or are attributable to, Developer's (or Developer’s contractors, subcontractors, agents, employees or other persons acting on Developer's behalf (" Developer's Representatives")) performance of its obligations under this Agreement and/or the negligence or misconduct of Developer or of Developer’s Representatives which relate to the Project or the Property, and (iv) Developer’s failure to comply with any applicable federal, state or local law, rule, or regulation, including, but not limited to, those relating to industrial hygiene or to environmental conditions on, under or about the Property, such as (without limitation) soil and groundwater conditions. b. The City shall provide the Developer with notice of the pendency of such Claims within ten (10) days of being served or otherwise notified of such Claims and shall request that the Developer defend such action. The Developer may utilize the City Attorney’s office or use legal counsel of its choosing, but shall reimburse the City for any necessary legal cost incurred by City. In all cases, City shall have the right to utilize the City Attorney’s office in any legal action. The Developer shall provide a deposit in the amount of 100% of the City’s estimate, in its sole and absolute discretion, of the cost of litigation, including the cost of any award of attorney’s fees.
If the Developer fails to provide the deposit, and after compliance with the provisions of this Section 8.1, the City may abandon the action and the Developer shall pay all costs resulting therefrom and City shall have no liability to the Developer. The Developer’s obligation to pay the cost of the action, including judgment, shall extend until judgment. After judgment in a trial court, the parties must mutually agree as to whether any appeal will be taken or defended. City agrees that it shall fully cooperate with the Developer in the defense of any matter in which the Developer is defending and/or holding the City harmless.
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8.2 Hold Harmless: Developer’s Construction, and Other Activities. The Developer shall defend, save and hold the City and its elected and appointed boards, commissions, officers, agents, and employees harmless from any and all claims, costs (including attorneys’ fees) and liability for any damages, personal injury or death, which may arise, directly or indirectly, from the Developer’s or the Developer’s agents, contractors, subcontractors, agents, or employees’ Project construction activities and operations under this Agreement, whether such Project construction activities and operations be by the Developer or by any of the Developer’s agents, contractors or subcontractors or by any one or more persons directly or indirectly employed by or acting as agent for the Developer or any of the Developer’s agents, contractors or subcontractors.
Nothing herein shall be construed to mean that the Developer shall hold the City harmless and/or defend it from any claims arising from, or alleged to arise from, the sole negligence or gross or willful misconduct of the City’s officers, employees, agents, contractors of subcontractors.
8.3 Loss and Damage. City shall not be liable for any damage to property of Developer or of others located on the Property, nor for the loss of or damage to any property of Developer or of others by theft or otherwise. City shall not be liable for any injury or damage to persons or property resulting from fire, explosion, steam, gas, electricity, water, rain, dampness or leaks from any part of the Property or from the pipes or plumbing, or from the street, or from any environmental or soil contamination or hazard, or from any other latent or patent defect in the soil, subsurface or physical condition of the Property, or by any other cause of whatsoever nature.
Nothing herein shall be construed to mean that the Developer shall bear liability for the sole negligence or gross or willful misconduct of the City’s officers, employees, agents, contractors or subcontractors.
8.4 Non-liability of City Officers and Employees. No official, agent, contractor, or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Developer or to its successor, or for breach of any obligation of the terms of this Agreement.
8.5 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which affects the financial interest of any corporation, partnership or association in which he or she is, directly or indirectly, interested, in violation of any state statute or regulation.
8.6 Survival of Indemnity Obligations. All indemnity provisions set forth in this Agreement shall survive expiration or sooner termination of this Agreement for any reason other than a default by City.
9. INSURANCE.
9.1 Types of Insurance.
a. Public Liability Insurance. Prior to commencement and until completion of construction of improvements by Developer on the Property, Developer shall, at its sole cost and expense, keep or cause to be kept in force, for the mutual benefit of City and Developer, comprehensive broad form general 27 01007.0580 2103038.2
public liability insurance against claims and liability for personal injury or death arising from the use, occupancy, disuse or condition of the Property, improvements or adjoining areas or ways, affected by such use of the Property or for property damage. Such policy shall provide protection of at least $5,000,000 for bodily injury or death to any one person, at least $5,000,000 for any one accident or occurrence, and at least $5,000,000 for property damage, and $10,000,000 in the aggregate.
b. Worker’s Compensation . To the extent Developer and its contractors utilize employees for any portion of the Project, Developer and such contractors shall also furnish or cause to be furnished to City evidence reasonably satisfactory to it that Developer and any contractor with whom Developer has contracted for the performance of any work for which Developer is responsible hereunder carries workers’ compensation insurance as required by law.
c. Automobile Liability Insurance . Developer shall ensure that all contractors with whom Developer has contracted for the performance of any work for which Developer is responsible hereunder maintains automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Developer arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $5,000,000 combined single limit for each accident.
d. Pollution Liability Insurance . Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $5,000,000 dollars per claim and $10,000,000 in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites. e. Builder’s Risk Insurance. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions or provisional limit provisions. The policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of deb ris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit 28 01007.0580 2103038.2
coverage (unless insured by the supplier or receiving contractor), with sub- limits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the project site or any staging area . The City and Developer shall each be included as Loss Payee for their respective insurable interest. f. Professional Liability Insurance. Professional liability insurance appropriate to the profession for any design work. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of the services or the termination of this Agreement. During this additional 5-year period, Developer shall annually and upon request of the City submit written evidence of this continuous coverage.
g. Other Insurance. Developer may procure and maintain any insurance not required by this Agreement, but all such insurance shall be subject to all of the provisions hereof pertaining to insurance and shall be for the benefit of City and Developer. Developer shall ensure that all contractors and sub - contractors maintain the required minimum insurance coverages, or shall include the contractors and subcontractors under its insurance. h. Renegotiation of Policy Limits. In the event the Developer in good faith determines and submits substantial evidence to the City that any of the foregoing policy limits or required coverage provisions are unreasonable and not consistent with the prevailing insurance market at the relevant time, the City will r econsider such policy limit(s) or required coverage provision(s) in good faith, and may, but is not required to, approve a modification to same, which approval may be given by the City Manager or designee.
i. Partial Transfer of Property. In the event Developer transfers ownership of any portion of the Property (“Transferred Property”), Developer and the owner of the Transferred Property shall each be responsible for compliance with this Section 9, but shall only be required to insure their respective parcels, rather than the entire Property. To the extent Developer or owner of the Transferred Property perform work on portions of the Property not owned by them, then such party shall be responsible to comply with Section 9 for the full extent of the work area until the work is completed.
9.2 Insurance Policy Form, Sufficiency, Content, and Insurer. All insurance required by express provisions hereof shall be carried only by responsible insurance companies licensed and admitted to do business by California, rated “A” or better in the most recent edition of 29 01007.0580 2103038.2
Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VIII or better, unless waived by City. All such policies shall be non - assessable and shall contain language, to the extent obtainable, to the effect that (i) any loss shall be payable notwithstanding any act of negligence of City or Developer that might otherwise result in the forfeiture of the insurance, (ii) the insurer waives the right of subrogation against City and against City’s agents and representatives; (iii) the policies are primary and noncontributing wi th any insurance that may be carried by City; and (iv) the policies cannot be canceled or materially changed except after thirty (30) days’ written notice by the insurer to City or City’s designated representative. Developer shall furnish City with copies of all such policies promptly on receipt of them or with certificates evidencing the insurance. City shall be named as an additional insured on all policies of insurance required to be procured by the terms of this Agreement, except for all insurance required by Developer’s contractors, both City and Developer shall be named as an additional insured. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self -insured retention. In the event the City’s Risk Manager determines that the use, activities or condition of the Property, improvements or adjoining areas or ways, affected by such use of the Property under this Agreement creates an increased or decreased risk of loss to the City, Developer agrees that the minimum limits of the insurance policies required by Section 9.1 may be changed accordingly upon receipt of written notice from the City’s Risk Manager; provided that Developer shall have the right to appeal a determination of increased coverage to the City Council of City within ten (10) days of receipt of notice from the City’s Risk Manager.
9.3 Failure to Maintain Ins urance and Proof of Compliance. Developer shall deliver to City, in the manner required for notices, copies of certificates of all insurance policies together with endorsements required hereunder together with evidence satisfactory to City of payment required for procurement and maintenance of each policy within the following time limits:
a. For insurance required above except for professional liability insurance , prior to issuance of the first permit requiring or authorizing any construction or ground disturbance for the Project. For the avoidance of doubt, removal and disassembly of the Park clubhouse structure and/or Park coaches, without demolition of foundation or slab, is not included in the preceding sentence.
For professional liability insurance, by August 1, 2023. b. For any renewal or replacement of a policy already in existence, at least ten (10) days before the expiration or termination of the existing policy. c. If Developer fails or refuses to procure or maintain insurance as required hereby or fails or refuses to furnish City with required proof that that insurance has been procured and is in force and paid for, such failure or refusal shall be a default hereunder.
9.4 Waiver of Subrogation. Developer agrees that it shall not make any claim against, or seek to recover from City or its agents, servants, or employees, for any loss or damage to Developer or to any person or property, except as specifically provided hereunder and Developer shall give notice to any insurance carrier of the foregoing waiver of subrogation, and obtain from 30 01007.0580 2103038.2
such carrier, a waiver of right to recovery against City, its agents and employees.
9.5 Broader Coverages and Higher Limits. Notwithstanding anything else herein to the contrary, if Developer maintains broader coverages and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverages and/or higher limits maintained by Developer.
10. MORTGAGEE PROTECTION.
10.1 Except as otherwise provided by Applicable Laws and this Agreement, the Parties agree that this Agreement shall not prevent or limit any Developer, in any manner, at Developer’s sole discretion, from encumbering (i) its portion of the Property or any portion thereof or any improvement thereon or (ii) the membership interests in such Developer, by any mortgage, deed of trust, pledge or other security device securing financing with respect to such portion of the Property or such membership interests. City acknowledges that the lenders providing such financing may require certain Agreement interpretations, modifications, and estoppel certificates and City agrees upon request, from time to time, to communicate and meet with Developer and representatives of such lenders to negotiate in good faith any such estoppel cer tificates and/or requests for interpretation or modification. Subject to compliance with applicable laws, City will not unreasonably withhold its consent to any such requested estoppel certificate, interpretation or modification provided City determines su ch estoppel certificate, interpretation or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property or the membership interest in a Developer shall be entitled to the rights and privileges set forth in this Article 10.
10.2 Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on any portion of the Property or pledge on the membership interests in a Developer made in good faith and for value, unless otherwise required by law.
10.3 The Mortgagee of any Mortgage or deed of trust encumbering any portion of the Property, or membership interests of a Developer where Mortgagee has submitted a request in writing to the City in the manner specified herein for giving notices, shall be entitled to receive written notification from City of any default by any Developer in the performance of such Developer’s obligations under this Agreement.
10.4 If City timely receives a request from a Mortgagee requesting a copy of any notice of default given to Developer under the terms of this Agreement, City shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to the applicable Developer. The Mortgagee shall have the right, but not the obligation, to cure the default during the period that is the longer of (i) the remaining cure period allowed such party under this Agreement, or (ii) sixty (60) days.
10.5 Any Mortgagee who comes into possession of any portion of the Property or the membership interests in a Dev eloper, pursuant to foreclosure of the Mortgage or deed of trust, or deed in lieu of such foreclosure or assignment in lieu of such for eclosure, shall take such portion of the Property or membership interests in a Developer subject to the terms of this Agreement. 31 01007.0580 2103038.2
11. ASSIGNMENTS.
11.1 The experience, knowledge, capability and reputation of Developer, its principals, employees and affiliates were a substantial inducement for the City to enter into this Agreement.
The Developer may sell, transfer, lease or assign this Agreement, the Property, or any part thereof (such sale, transfer, lease or assignment shall be referred to as an “Assignment”) with the prior written consent of the Community Development Director, which consent may not be unreasonably withheld, after providing reasonable documentation and evidence demonstrating that the person or entity to whom any of the rights or privileges granted herein are to be sold, transferred, leased, assigned, hypothecated, encumbered, merged, or consolidated, meets the following criteria: (i) the transferee has the financial strength and capability to perform its obligations under the Agreement, (ii) reasonably satisfactory evidence that the transferee has the experience and expertise to operate the Project, including reasonably satisfactory evidence that the transferee has experience with operations and projects with a similar scale of this Project; and (iii) reasonably satisfactory evidence that the transferee’s key principals have no felony convictions. The proposed transferee shall execute and deliver to the City an assumption agreement assuming Developer’s Project obligations, which assumption agreement shall be in a form approved by the C ity Manager and City Attorney. Notwithstanding the foregoing, City and Community Development Director approval shall not be required for any of (i) the transfer of any portion of the Property or the membership interests in a Developer to a Mortgagee or its designee or a third party in connection with a foreclosure or assignment or deed in lieu of foreclosure, (ii) the assignment or other transfer of a Mortgage or (iii) the first sale of a foreclosed (or assignment/deed in lieu of foreclosure) portion of the Property or the membership interests in a Developer by a Mortgagee or its designee to a third party. However, Developer shall notify the City of any Assignment described in the preceding sentence, and the transferee shall be subject to the terms of this Agreement.
11.2 City Consideration of Requested Assignment. The City agrees that it will not unreasonably withhold, condition, or delay approval of a request for approval of an Assignment required pursuant to this Article 11, provided that:
a. Developer delivers written notice to the City requesting that approval prior to the completion of the Assignment (the “Consent Request”); and b. The Assignment is not completed until either (i) City has provided its written consent or (ii) sixty (60) days have passed after delivery by Developer to City of the Consent Request without the City having rejected the Consent Request in writing.
c. The Consent Request shall be accompanied by (i) a proposed draft of the Assignment and Assumption Agreement described in Section 11.3, in a form acceptable to the City Attorney and City Manager, and (ii) evidence regarding the proposed assignee’s developme nt and/or operational qualifications and experience and its financial commitments and resources in sufficient detail to enable the City to evaluate the proposed assignee’s ability to complete the Project.
11.3 Assignments Permitted Without City’s Consent . Notwithstanding any other 32 01007.0580 2103038.2
provision of this Agreement, Assignments related to the following property conveyances and other transactions shall not require City consent:
a. The granting of easements or permits to facilitate construction of the Project or any public improvements.
b. The granting of easements or permits for utility purposes. c. Transactions for financing purposes, including the grant of (or assignment or other transfer of) a deed of trust to secure the funds necessary for land acquisition, construction, and/or permanent financing of any portion of the Project.
d. The acquisition of some or all of the Property or the membership interests in a Developer by a Mortgagee or its designee (or a third party buyer at a foreclosure sale) such as through foreclosure or a deed or assignment in lieu of foreclosure.
The transfer of the applicable portion of the Property or the membership interests in a Developer from Mortgagee or its designee to an affiliate. The first sale of a foreclosed (or assignment/deed in lieu of foreclosure) portion of the Property or the membership interests in a Developer by a Mortgagee or its designee to a third party.
e. A sale or transfer resulting from, or in connection with, a reorganization as contemplated by the provisions of the Internal Revenue Code of 1986, as amended or otherwise, in which the ownership interests of a corporation are assigned directly or by operation of law to a person or persons, firm or corporation which acquires the control of the voting capital stock of such corporation or all or substantially all of the assets of such corporation. f. A sale or transfer between members of the same family, or transfers to a trust, testamentary or otherwise, in which the beneficiaries consist primarily of family members of the trustor, or transfers to a corporation or partnership in which the family members or shareholders of the transferor own at least ten percent (10%) of the present equity ownership and/or at least fifty percent (50%) of the voting control of Developer.
g. If Developer is a trust, corporation, real estate investment trust, or partnership, a transfer of stock or other interests, provided there is no material change in the actual management and control of Developer. h. Transactions with any member, partner, officer, employee, or affiliate of Developer or any trust or family member, provided that, following the transaction, the management of Developer on the Effective Date shall, subject to normal and customary business practices and personnel changes, remain the primary Developer representative(s) for purposes of communication with the City.
11.4 Effect of Assignment. Unless otherwise stated within the Assignment, upon an 33 01007.0580 2103038.2
Assignment:
a. The assignee shall be liable for the performance of all remaining obligations of Developer with respect to those portions of the Property which are transferred (the “ Transferred Property ”), but shall have no obligations with respect to any portions of the Property not conveyed (the “ Retained Property”).
b. The owner of the Retained Property shall be liable for the performance of all obligations of Developer with respect to the Retained Property, but shall have no further obligations with respect to the Transferred Property. c. The Assignee’s exercise, use, and enjoyment of the Transferred Property shall be subject to the terms of this Agreement to the same extent as if the Assignee were the Developer.
12. AMENDMENT AND MODIFICATION.
12.1 Initiation of Amendment. Either party may propose an amendment to this Agreement.
12.2 Procedure. Except as set forth in Section 12.4, the procedure for proposing and adopting an amendment to this Agreement shall be the same as the procedure required for entering into this Agreement in the first instance as set forth in Government Code Section 65867.
12.3 Consent. Except as expressly provided in this Agreement, no cancellation of or amendment to all or any provision of this Agreement shall be effective unless set forth in writing and signed by duly authorized representatives of each of the parties hereto and recorded in the Official Records of Los Angeles County.
12.4 Administrative Minor Project Modifications. Notwithstanding any other provision and/or condition of approval contained in any Development Approvals, including any processes set forth in Chapter 5 of the Specific Plan, Minor Modifications to this Agreement, the Project, and/or the Development plans shall be made ministerially, with the approval of the Director. Such “Minor Modifications” shall be defined as any modifications to this Agreement, the Project and/or the Development plans that do not (i) change the proposed uses analyzed for the Project in the EIR or permitted for the Project in the Project Development Approvals and this Agreement, (ii) constitute a prohibited modification under Section 12.5, (iii) increase building heights within the Property in comparison to what is identified in the Project Development Approvals and this Agreement, (iv) reduce the number of parking stalls identified in the Project Development Approvals by more than five (5) percent, (v) substantially deviate from the approved architectural design, as determined by the Community Development Director in his or her reasonable discretion, and/or (vi) reduce the amount of publicly accessible open space below 111,581 square feet.
12.5 Prohibited Modifications. Notwithstanding any provision of this Agreement or the Specific Plan, none of the following shall be permitted with respect to the Project during the Term of this Agreement:; (i) any modification to the square footage of the commercial space (10,000); 34 01007.0580 2103038.2
(ii) any use of the commercial space other than restaurant space; or (iii) any reduction in the amount of publicly accessible open space below 111,581 square feet, except that a reduction of no more than 2.5% of the non -park open space area may be permitted if necessary based on Building Standards Code requirements as identified/ required during the plan check process. No reduction to the square footage of the park (22,859 sq. ft.) shall be permitted.
12.6 Hearing Rights Protected. Notwithstanding the foregoing, City will process any change to this Agreement consistent with state law and will hold public hearings thereon if so required by state law and the parties expressly agree nothing herein is intended to deprive any party or person of due process of law.
12.7 Effect of Amendment to Development Agreement. Except as expressly set forth in writing in any such amendment, an amendment to this Agreement will not alter, affect, impair, modify, waive, or otherwise impact any other rights, duties, or obligations of either party under this Agreement.
12.8 Timing of Development. The California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that failure of the parties in that case to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over the parties’ agreement. It is the intent of Developer and City to cure that deficiency by expressly acknowledging and providing that any Subsequent Land Use Regulations that purports to limit over time the rate or timing of development or to alter the sequencing of development phases (whether adopted or imposed by the City Council or through the initiative or referendum process) shall not apply to the Property or the Project and shall not prevail over this Agreement. In particular, but without limiting any of the foregoing, no numerical restriction shall be placed by the City on the amount of total square feet or the number of buildings, structures, residential units that can be built each year on the Property except as expressly provided in this Agreement.
13. MISCELLANEOUS PROVISIONS.
13.1 Recordation.
a. The City Clerk shall cause a copy of this Agreement to be recorded against the Property with the County Recorder within ten (10) calendar days after the Execution Date. The failure of the City to sign and/or record this Agreement shall not affect the validity of this Agreement. b. Within ten (10) calendar days after the Execution Date, the Parties shall execute and record against the Property with the County Recorder any and all required documents to remove from title (i) the Original DA and (ii) the Minor Modification dated February 28, 2024.
13.2 Notices. Notices and correspondence required or permitted by this Agreement shall be in writing and either personally delivered or sent by registered, certified, or overnight mail or delivery service. Notices shall be deemed received upon personal delivery or on the second business day after registered, certified, or overnight mailing or delivery, or email if such email 35 01007.0580 2103038.2
notice is acknowledged as received by the receiving party. Notices shall be addressed as follows:
To City: City of Carson
701 East Carson Street
Carson, California 90745
Attn: Planning Manager
With copy to: Aleshire & Wynder
1 Park Plaza, Suite 1000
Irvine, CA 92614
Fax: 949-223-1180
Attn: Sunny Soltani
To Imperial Avalon: Imperial Avalon DE, LLC
659 N. Robertson Blvd.
West Hollywood, CA 90069
Attn: Darren Embry
With copy to: Rand, Paster & Nelson, LLP
633 W. Fifth Street, Ste 5880
Los Angeles, CA 90071
Attn: Dave Rand
To Lennar: Lennar Homes of California, LLC
2000 FivePoint, 3rd Floor
Irvine, CA 92618
Attention: JR Jones
Email: [email protected]
With a copy to: Deverich & Gillman LLP
4 Park Plaza, Suite 520
Irvine, California 92614
Attention: Christopher D. Downs
Email: [email protected]
A Party may change its address by giving written notice to the other Party. Thereafter, Notices shall be addressed and transmitted to the new address.
13.3 Estoppel Certificates. Either Party (or a Mortgagee) may at any time deliver written notice to the other Party requesting an Estoppel Certificate stating:
a. The Agreement is in full force and effect and is a binding obligation of the Parties;
b. The Agreement has not been amended or modified or, if so amended, identifying the amendments; and
c. There are no existing defaults under the Agreement to the actual knowledge 36 01007.0580 2103038.2
of the Party signing the Estoppel Certificate.
A Party receiving a request for an Estoppel Certificate shall provide a signed certificate to the requesting Party within thirty (30) days after receipt of the request. The City Manager may sign Estoppel Certificates on behalf of the City. An Estoppel Certificate may be relied on by assignees and Mortgagees.
13.4 Operating Memoranda. The provisions of this Agreement require a close degree of cooperation between City and Developer. During the Term of this Agreement, clarifications to this Agreement and the Applicable Laws may be appropriate with respect to the details of performance of the City and Developer. If and when from time to time during the Term of this Agreement, the City and Developer agree that such clarifications are necessary or appropriate, they shall effectuate such clarification through operating memoranda approved in writing by the City and Developer, which after execution, shall be attached hereto and become part of this Agreement and the same may be further clarified from time to time as necessary with future written approval by the City and Developer. Operating memoranda are mere ministerial clarifications and therefore public notices, hearings and CEQA compliance shall not be required unless otherwise provided by applicable law. The authority to enter into such operating memoranda is delegated to the Community Development Director who is hereby authorized to execute any operating memoranda hereunder without future action or approval by the City Council.
13.5 Project as a Private Undertaking. It is specifically understood and agreed by the Parties that the Project is a private development, that neither Party is acting as the agent of the other in any respect, and that each Party is an independent contracting entity with respect to this Agreement. The only relationship between City and Developer is that of a government entity regulating the development of property owned by a private party. City agrees that by its approval of, and entering into, this Agreement tha t it is not taking any action which would transform this private Development into a “public work” project, and that nothing herein shall be interpreted to convey upon Developer any benefit which would transform Developer’s private project into a public work project, it being understood that this Agreement is entered into by City and Developer upon the exchange of consideration described in this Agreement, including the Recitals to this Agreement, and that City is receiving by and through this Agreement the full measure of benefit in exchange for the burdens placed on Develope r by this Agreement, including but not limited to Developer’s obligation to provide the public improvements set forth herein.
13.6 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by City of its power of eminent domain.
13.7 Entire Agreement. This Agreement represents the entire agreement of the Parties with respect to the subject matter of this Agreement. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.
13.8 Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent necessary to implement this Agreement.
13.9 Severability. If any term, provision, covenant or condition of this Agreement shall 37 01007.0580 2103038.2
be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement.
13.10 Covenant Not To Sue. The parties to this Agreement, and each of them, agree that this Agreement and each term hereof is legal, valid, binding, and enforceable. The parties to this Agreement, and each of them, hereby covenant and agree that each of them will not commence, maintain, or prosecute any claim, demand, cause of action, suit, or other proceeding against any other party to this Agreement, in law or in equity, or based on any allegation or assertion in any such action, that this Agreement or any term hereof is void, invalid, or unenforceable.
13.11 Force Majeure. Neither Party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by earthquakes, other acts of God, fires, wars, terrorism, riots or similar hostilities, strikes, and other labor difficulties beyond the Party’s control, government regulations, pandemics, government-ordered quarantine, court actions (such as restraining orders or injunctions), or other causes beyond the Party’s reasonable control. If any such events shall occur, the term of this Agreement and the time for performance shall be extended for the duration of the impacts on the Project of each such event.
13.12 Waiver. All waivers of performance must be in a writing signed by the Party granting the waiver. Failure by a Party to insist upon the strict performance of any provision of this Agreement shall not be a waiver of future performance of the same or any other provision of this Agreement.
13.13 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.
13.14 Governing Law and Venue. This Agreement shall be governed and interpreted in accordance with California law, with venue for any litigation concerning this Agreement in Los Angeles, California.
13.15 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party or in favor of City shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof.
13.16 Corporate Authority. The person(s) executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party, if not an individual, is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which such party is bound.
13.17 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend litigation against the other party, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable 38 01007.0580 2103038.2
attorneys’ fees. Attorneys’ fees shall include attorneys’ fees on any appeal, and, in addition, a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to a final judgment.
13.18 Recitals. The recitals in this Agreement constitute part of this Agreement and each party shall be entitled to rely on the truth and accuracy of each recital as an inducement to enter into this Agreement.
13.19 No Brokers. City and Developer represent and warrant to the other that neither has employed any broker and/or finder to represent its interest in this transaction. Each party agrees to indemnify and hold the other free and harmless from and against any and all liability, loss, cost, or expense (including court costs and reasonable attorney’s fees) in any manner connected with a claim asserted by any individual or ent ity for any commission or finder’s fee in connection with this Agreement arising out of agre ements by the indemnifying party to pay any commission or finder’s fee.
13.20 Joint and Several Liability. In the event Developer should sell, transfer, lease or assign this Agreement, the Property, or any part thereof, Developer shall bear ultimate responsibility for all obligations, conditions, and restrictions set forth under this Agreement, it being understood that both Developer and any transferee, assignee, or lessee shall be jointly and severally liable.
13.21 Compliance with Laws. Developer must comply with all applicable provisions of federal, state and local laws and regulations, including the City’s Municipal Code.
13.22 Counterparts. This Agreement may be executed by the Parties in counterparts, which together shall have the same effect as if each of the Parties had executed the same instrument. [SIGNATURES ON FOLLOWING PAGE(S)]
39 01007.0580 2103038.2
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year first set forth above.
CITY
CITY OF CARSON a municipal corporation
Lula Davis-Holmes, Mayor
ATTEST
Dr. Khaleah K. Bradshaw, City Clerk
APPROVED AS TO FORM
ALESHIRE & WYNDER, LLP
Sunny K. Soltani, City Attorney
40 01007.0580 2103038.2
IMPERIAL AVALON
IMPERIAL AVALON DE, LLC, a California
limited liability company
By:
Name:
Title:
By:
Name:
Title:
LENNAR
LENNAR HOMES OF CALIFORNIA,
LLC, a California limited liability company
By:
Name:
Title:
By:
Name:
Title:
If Developer is a limited liability company, any one of the following options will satisfy City’s signature requirements pursuant to the Corporations Code. Option A: One signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. Option B: Signatures required from two managers unless the LLC is managed by one manager per its articles of organization, in which case only one signature from that manager is required. Option C: One signature required from any member unless the LLC is manager-managed per its articles of organization. Option D: One signature required from any manager if the LLC is manager - managed per its articles of organization. DEVELOPER’S SIGNATURES SHALL BE DULY NOTARIZED,
AND APPROPRIATE ATTESTATIONS SHALL BE INCLUD ED AS MAY BE REQUIRED BY THE
BYLAWS, ARTICLES OF ORGANIZATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER’S BUSINESS ENTITY.
41 01007.0580 2103038.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2026 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER____________________________
___________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_________________________________________
_________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 42 01007.0580 2103038.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2026 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER____________________________
___________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_________________________________________
_________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
A-1 01007.0580/834680.12
01007.0580 2103038.2
EXHIBIT “A”
PROPERTY LEGAL DESCRIPTION
B-1 01007.0580/834680.12
01007.0580 2103038.2
EXHIBIT “B”
DEPICTION OF THE PROPERTY
3285
3285
FD
FDFD
VAN
MBMBMBMB
MBMBMB
MBMBMBMB
MBMBMB
MBMBMBMB
VAN
MBMBMBMB
3.3PRODUCT A
3.2PRODUCT A
3.1PRODUCT A
2.2PRODUCT A
2.1PRODUCT A
M.2PRODUCT A
M.1PRODUCT A
9.1PRODUCT A
1.3PRODUCT A
1.2PRODUCT A
1.1PRODUCT A
4.4PRODUCT A
4.3PRODUCT A
4.2PRODUCT A
4.1PRODUCT A
5.1PRODUCT A5.2PRODUCT A5.3PRODUCT A6.1PRODUCT A6.2PRODUCT A7.1PRODUCT A7.2PRODUCT A8.1PRODUCT A8.2PRODUCT A
2.2PRODUCT B
4.1PRODUCT D
7.1PRODUCT C
7.1PRODUCT B7.2PRODUCT B8.1PRODUCT B8.2PRODUCT B9.1PRODUCT B9.2PRODUCT B10.1PRODUCT B10.2PRODUCT B
3.2PRODUCT B3.1PRODUCT B1.2PRODUCT B1.1PRODUCT B11PRODUCT BM.1PRODUCT B2.1PRODUCT B
4.1PRODUCT B4.2PRODUCT B5.1PRODUCT B6.1PRODUCT B
M.1PRODUCT C 8.1PRODUCT C
6.1PRODUCT C5.1PRODUCT C1.1PRODUCT C
2.1PRODUCT C3.1PRODUCT C4.1PRODUCT C
5.1PRODUCT D
5.2PRODUCT D
6.1PRODUCT D
M.1PRODUCT D1.2PRODUCT D2.2PRODUCT D
2.1PRODUCT D
3.2PRODUCT D
3.1PRODUCT D
4.2PRODUCT D
1.1PRODUCT D
5.3PRODUCT D
6.2PRODUCT D
REC BLDG
GRACE AVE.
MAIN ACCESS ROAD 1
WEST D ALLEYWAYWEST A ALLEYWAYEAST A ALLEYWAY
WEST E ALLEYWAYWEST B ALLEYWAYEAST B ALLEYWAY
MAIN ACCESS ROAD 3
WEST F ALLEYWAYWEST C ALLEYWAYEAST C ALLEYWAY
ALLEYWAY GWEST D ALLEYWAYEAST D ALLEYWAY
PARK DRIVE
MAIN ACCESS ROAD 6
MAIN ACCESS ROAD 5
ALLEYWAY HALLEYWAY I
ALLEYWAY KALLEYWAY LALLEYWAY M
ALLEYWAY J
ALLEYWAY P
MAIN ACCESS ROAD 2MAIN ACCESS ROAD 4MAIN ACCESS ROAD 5
MAIN ACCESS ROAD 2MAIN ACCESS ROAD 5
198199197196195194192193
204206207208209211210205
213
230226227228229231
217216215214212
128129130131132133134135
168169
171170
172173174175
121
142
161
182
127126125124123122120 119117116115114113112
152153154155156157159160162163164165166167
337336335334333 343344345346347
327326325324323313314315316317
297296295294293 303304305306307265266267268269
255254253252251
239240241242243
118
145
158
185
136137138139140141143 144146147148149150151
191190189188187186184183181180179178177176
338339340341342 352351350349348
328329330331332
238237236235234
246247248249250318319320321322
312311310309308302301300299298264263262261260
270271272273274275276277278279280281282283284285286287288289290291292 47484950
3233343536 2625242322
6463626160 777879808182
1213141516 23456
9796959493 10710810911011198991001011028786
88 858483
11109871718192021
6566676869705554535251
3130292827
259258
257256
245244
233232
225224
223222
221220
219218
203202
201200
3738
3940
4142
4344
4546
5657585971727374757689909192103104105106
GRACE AVE.
GRACE AVE.
PARK DRIVE
PARK DRIVE
PARK DRIVE
VAN
BATHW/D
WIC DINING
ENTRY
BEDROOMLIVING
PATIO/BALCONY
KITCHENCOATSPREF
DW
L
STO.90 CU.FT. REQ.
EP
1/1
2/2HUB
2/2
W.R.
BATHW/D
WICDINING
ENTRY
BEDROOMLIVING
PATIO/BALCONY
KITCHEN COATSPREF
DW
L
STO.90 CU.FT. REQ.
EP
1/1
2/2HUB
2/2
W.R.
BATHW/D
WIC DINING
ENTRY
BEDROOMLIVING
PATIO/BALCONY
KITCHENCOATSPREF
DW
L
STO.90 CU.FT. REQ.
EP
1/1
2/2
HUB
2/2
W.R.
GUESTEV STALL
EV CHARGER000
FRONT
XFMR
NOPARKING
NOPARKING
NOPARKING
GUESTEV STALL
EV CHARGER000
GUEST
000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
GUEST
000
GUEST
000
GUESTVAN
000
GUEST
000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
GUEST
000
GUESTEV STALL
EV CHARGER000UP EXHAUST##########
RAMP UP<6.67%RAMP DOWN<6.67%
EXHAUST##########
EXHAUST##########
OTIS GEN33500 LB / 350 FPM5'-6" PIT13'-7" OVERRUN7'-9" CAB HEIGHT100' MAX. TRAVELNO PIT LADDER RECESS REQ'D EXHAUST##########
OTIS GEN33500 LB / 350 FPM5'-6" PIT15'-7" OVERRUN9'-9" CAB HEIGHT100' MAX. TRAVELNO PIT LADDER RECESS REQ'D FRONT
XFMR
30" DIA.APOLLO A500 SSLCOMPACTOR30" DIA.APOLLO A500 SSLCOMPACTOR 30" DIA.APOLLO A500 SSLCOMPACTOR30" DIA.APOLLO A500 SSLCOMPACTOR TRASHTERMINATIONROOM No. 2
TRASHTERMINATIONROOM No. 1
MAINTENANCE
ROOM
ELEVATORLOBBY No. 1
ELEVATORLOBBY No. 2
GUESTEV STALL
EV CHARGER000
GUEST
000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
GUEST
000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
GUEST
000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
GUEST
000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
NOPARKING
NOPARKING
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
NOPARKING
NOPARKING
DN
UP
ELECTRICALROOM
GUEST
000
NOPARKINGGUESTEV STALL
EV CHARGER000
RESTAURANT
REFUSE
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
RAMP DOWN<2.00%
NOPARKING
DERO'HOOP RACK'
DERO'FIXIT PLUS & AIR KIT 4'
BIKEROOM
DERO'DERO DUPLEX'17" SPACING12 BIKES
DERO'DERO DUPLEX'17" SPACING12 BIKES
RAMP DOWN<2.00%
RESTAURANTVAN
000
RESTAURANTEV STALL
EV CHARGER000
RESTAURANTEV STALL
EV CHARGER000
ACCESS RM.
ACCESS RM.
RESTAURANTEV STALL
EV CHARGER000
RESTAURANT
000
RESTAURANT
000
RESTAURANT
000
LEASING
000
LEASING000
LEASINGVAN
000
NOPARKING
RESTAURANT
000
RESTAURANT
000
RESTAURANT
000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
GUEST
000
GUEST
000
GUEST
000
GUEST
000
UP18R
UP18R
UP20R
UP20R
BATHW/D
WICDINING
ENTRY
BEDROOM
LIVING
PATIO/BALCONY
KITCHEN COATSPREF
DW
L
STO.90 CU.FT. REQ.
EP
1/1
2/2HUB
2/2
W.R.
W14x68
W14x68
W14x68
W14x68
W14x68
W16x77
W16x77
W12x50 W12x50
W16x77 W16x77
W18x130
W14x68W14x68 W18x119 W18x119
W18x65 W18x65
W16x77
W18x130
W16x77
W12x50 W12x50
W14x68
W18x130 W18x130
BATHW/D
WICDINING
ENTRY
BEDROOMLIVING
PATIO/BALCONY
KITCHEN COATSPREF
DW
L
STO.90 CU.FT. REQ.
EP
1/1
2/2
HUB
2/2
W.R.
POOL ANDSPA PANELELECTRICALCLEARANCE
CHEMICALCONTROLLERCLEARANCESPILL CONTAINMENTPLATFORMSPASANDFILTERTR100C FD
POOLSANDFILTERTR140C-3POOLSANDFILTERTR140C-3
COLD PLUNGESANDFILTERTR100C
H2050 GALACID(3) 53 GALCHLORINE
EYEWASH
CHILLERCLEARANCE
PARCEL
10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS 10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS 10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS 10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS 10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS 10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS 10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS 10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS
PARCELPARCELPARCELPARCELPARCEL
PARCELPARCEL
PARCELPARCELPARCEL
PARCEL
PARCELPARCEL
PARCELPARCELPARCEL
W.R.W.R. W.R.
W.R. W.R.
BATHW/D
WICDINING
ENTRY
BEDROOMLIVING
PATIO/BALCONY
KITCHEN COATSPREF
DW
L
STO.90 CU.FT. REQ.
EP
1/1
2/2HUB
2/2
W.R.
BATHW/D
WIC DINING
ENTRY
BEDROOMLIVING
PATIO/BALCONY
KITCHENCOATSPREF
DW
L
STO.90 CU.FT. REQ.
EP
1/1
2/2
HUB
2/2
W.R.
BATHW/D
WIC DINING
ENTRY
BEDROOMLIVING
PATIO/BALCONY
KITCHENCOATSPREF
DW
L
STO.90 CU.FT. REQ.
EP
1/1
2/2
HUB
2/2
W.R.
BATHW/D
WIC DINING
ENTRY
BEDROOMLIVING
PATIO/BALCONY
KITCHENCOATSPREF
DW
L
STO.90 CU.FT. REQ.
EP
1/1
2/2
HUB
2/2
W.R.
BATHW/D
WICDINING
ENTRY
BEDROOMLIVING
PATIO/BALCONY
KITCHEN COATSPREF
DW
L
STO.90 CU.FT. REQ.
EP
1/1
2/2HUB
2/2
W.R.
BATHW/D
WIC DINING
ENTRY
BEDROOMLIVING
PATIO/BALCONY
KITCHENCOATSPREF
DW
L
STO.90 CU.FT. REQ.
EP
1/1
2/2
HUB
2/2
W.R.
7'-8" CLG.
CB8'-0"CLG.CB8'-0"CLG.
STOR.90 CU.FT. REQ.
7'-8" CLG.
CB8'-0"CLG.CB8'-0"CLG.
STOR.90 CU.FT. REQ.
7'-8" CLG.
CB8'-0"CLG.CB8'-0"CLG.
STOR.90 CU.FT. REQ.
7'-8" CLG.
CB8'-0"CLG.CB8'-0"CLG.
STOR.90 CU.FT. REQ.
7'-8" CLG.
CB8'-0"CLG.CB8'-0"CLG.
STOR.90 CU.FT. REQ.
W/D
BATHW/D
WIC DINING
ENTRY
BEDROOMLIVING
PATIO/BALCONY
KITCHENCOATSPREF
DW
L
STO.90 CU.FT. REQ.
EP
1/1
2/2
HUB
2/2
W.R.
3070
3070
3070
3070
3070
3070
3070
3070
3070
3070
W.R.
W.R.
M.BEDROOM
BATHW/D
WIC DINING
ENTRY
BEDROOMLIVING
PATIO/BALCONY
KITCHENCOATSPREF
DW
L
STO.90 CU.FT. REQ.
EP
1/1
2/2HUB
2/2
W.R.
WIC
M.BATHL. 2/2
1/1
2/2±5'-5"VERIFY w/MFR
W/D
EP
P.BEDROOM
WIC
P. BATHL. 2/2
1/1
2/21'-7 1/2"±5'-5"VERIFY w/MFR2'-0"
5 SHELVES
COATSLIN.
M.BEDROOM
BATHW/D
WICDINING
ENTRY
BEDROOMLIVING
PATIO/BALCONY
KITCHEN COATSPREF
DW
L
STO.90 CU.FT. REQ.
EP
1/1
2/2HUB
2/2
W.R.
WIC
M.BATHL. 2/2
1/1
2/2±5'-5"VERIFY w/MFR
3070
7'-8" CLG.
STOR.90 CU.FT. REQ.
CB8'-0"CLG.CB8'-0"CLG.
7'-8" CLG.
STOR.90 CU.FT. REQ.
CB8'-0"CLG.CB8'-0"CLG.
7'-8" CLG.
STOR.90 CU.FT. REQ.
CB8'-0"CLG.CB8'-0"CLG.
W.R.EPHUB
W.R.
L
2/2
1/11/1
L
2/2
1/11/1W.R.
W.R.
W.R.
W.R.
W.R.W.R.W.R.
BATHW/D
WIC DINING
ENTRY
BEDROOMLIVING
PATIO/BALCONY
KITCHENCOATSPREF
DW
L
STO.90 CU.FT. REQ.
EP
1/1
2/2
HUB
2/2
W.R.
AOAO DotAO SwooshAOAO DotAO Swoosh
STO.90 CU.FT. REQ.
WBATHW/D
WIC DINING
ENTRY
BEDROOMLIVING
PATIO/BALCONY
KITCHENCOATSPREF
DW
L
STO.90 CU.FT. REQ.
EP
1/1
2/2
HUB
2/2
W.R.
W
UP20R
UP18R
RAMP DN8.0% MAX. SLOPE
UP20R
192018
BATHW/D
WIC DINING
ENTRY
BEDROOMLIVING
PATIO/BALCONY
KITCHENCOATSPREF
DW
L
STO.90 CU.FT. REQ.
EP
1/1
2/2HUB
2/2
W.R.
W/D
BATHW/D
WIC DINING
ENTRY
BEDROOMLIVING
PATIO/BALCONY
KITCHENCOATSPREF
DW
L
STO.90 CU.FT. REQ.
EP
1/1
2/2
HUB
2/2
W.R.
VITREOUS CHINALAVATORYARCHERK-2355 VITREOUS CHINALAVATORYARCHERK-2355
GUESTEV STALL
EV CHARGER000
FRONT
XFMR
NOPARKING
NOPARKING
NOPARKING
GUESTEV STALL
EV CHARGER000
GUEST
000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
GUEST
000
GUEST
000
GUESTVAN
000
GUEST
000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
GUEST
000
GUESTEV STALL
EV CHARGER000UP EXHAUST##########
RAMP UP<6.67%RAMP DOWN<6.67%
EXHAUST##########
EXHAUST##########
OTIS GEN33500 LB / 350 FPM5'-6" PIT13'-7" OVERRUN7'-9" CAB HEIGHT100' MAX. TRAVELNO PIT LADDER RECESS REQ'D EXHAUST##########
OTIS GEN33500 LB / 350 FPM5'-6" PIT15'-7" OVERRUN9'-9" CAB HEIGHT100' MAX. TRAVELNO PIT LADDER RECESS REQ'D FRONT
XFMR
30" DIA.APOLLO A500 SSLCOMPACTOR30" DIA.APOLLO A500 SSLCOMPACTOR 30" DIA.APOLLO A500 SSLCOMPACTOR30" DIA.APOLLO A500 SSLCOMPACTOR
TRASHTERMINATION
ROOM No. 2
TRASHTERMINATION
ROOM No. 1
MAINTENANCE
ROOM
ELEVATORLOBBY No. 1
ELEVATORLOBBY No. 2
GUESTEV STALL
EV CHARGER000
GUEST
000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
GUEST
000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
GUEST
000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
GUEST
000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
NOPARKING
NOPARKING
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
NOPARKING
NOPARKING
DN
UP
ELECTRICAL
ROOM
GUEST
000
NOPARKINGGUESTEV STALL
EV CHARGER000
RESTAURANTREFUSE
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
RAMP DOWN<2.00%
NOPARKING
DERO'HOOP RACK'
DERO'FIXIT PLUS & AIR KIT 4'
BIKEROOM
DERO'DERO DUPLEX'17" SPACING12 BIKES
DERO'DERO DUPLEX'17" SPACING12 BIKES
RAMP DOWN<2.00%
RESTAURANTVAN
000
RESTAURANTEV STALL
EV CHARGER000
RESTAURANTEV STALL
EV CHARGER000
ACCESS RM.
ACCESS RM.
RESTAURANTEV STALL
EV CHARGER000
RESTAURANT
000
RESTAURANT
000
RESTAURANT
000
LEASING
000
LEASING
000
LEASINGVAN
000
NOPARKING
RESTAURANT
000
RESTAURANT
000
RESTAURANT
000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
GUEST
000
GUEST
000
GUEST
000
GUEST
000
W/D
EP
P.BEDROOM
WIC
P. BATHL. 2/2
1/1
2/21'-7 1/2"±5'-5"VERIFY w/MFR2'-0"
5 SHELVES
COATSLIN.
7'-8" CLG.
CB8'-0"CLG.CB8'-0"CLG.
STOR.90 CU.FT. REQ.
7'-8" CLG.
CB8'-0"CLG.CB8'-0"CLG.
STOR.90 CU.FT. REQ.
7'-8" CLG.
CB8'-0"CLG.CB8'-0"CLG.
STOR.90 CU.FT. REQ.
7'-8" CLG.
CB8'-0"CLG.CB8'-0"CLG.
STOR.90 CU.FT. REQ.
7'-8" CLG.
CB8'-0"CLG.CB8'-0"CLG.
STOR.90 CU.FT. REQ.
7'-8" CLG.
CB8'-0"CLG.CB8'-0"CLG.
STOR.90 CU.FT. REQ.
7'-8" CLG.
CB8'-0"CLG.CB8'-0"CLG.
STOR.90 CU.FT. REQ.
BATHW/D
WIC DINING
ENTRY
BEDROOMLIVING
PATIO/BALCONY
KITCHENCOATSPREF
DW
L
STO.90 CU.FT. REQ.
EP
1/1
2/2
HUB
2/2
W.R.
BATHW/D
WICDINING
ENTRY
BEDROOMLIVING
PATIO/BALCONY
KITCHEN COATSPREF
DW
L
STO.90 CU.FT. REQ.
EP
1/1
2/2HUB
2/2
W.R.
BATHW/D
WIC DINING
ENTRY
BEDROOMLIVING
PATIO/BALCONY
KITCHENCOATSPREF
DW
L
STO.90 CU.FT. REQ.
EP
1/1
2/2HUB
2/2
W.R.
M.BEDROOM
BATHW/D
WIC DINING
ENTRY
BEDROOMLIVING
PATIO/BALCONY
KITCHENCOATSPREF
DW
L
STO.90 CU.FT. REQ.
EP
1/1
2/2
HUB
2/2
W.R.
WIC
M.BATHL. 2/2
1/1
2/2±5'-5"VERIFY w/MFR
W.R.
W.R. W.R.
7'-8" CLG.
CB8'-0"CLG.CB8'-0"CLG.
STOR.90 CU.FT. REQ.
3070
3070
VAN
3000APULLSECTIONHOUSEMETER/DISTRIBRES.DISTRIB.RES.DISTRIB.3000AMAINDISC.
SECTION B
SECTION C
3000APULLSECTIONHOUSEMETER/DISTRIBRES.DISTRIB.RES.DISTRIB.3000AMAINDISC.
SECTION DMETER SECTION E
SECTION J
3000APULLSECTIONRES.DISTRIB.RES.DISTRIB.
METER SECTION GMETER SECTION H
SECTION A
SECTION F
RES.DISTRIB.
4000APULLSECTION4000AMETER/MAINHOUSEDISTRIB.HOUSEDISTRIB.
AVALON BOULEVARD
AVALON BOULEVARD
AVALON BOULEVARD
USPS
N.A.P.
N.A.P.
N.A.P.
EXHIBIT "B" - DEPICTION OF THE PROPERTY0'25'50'100'
NORTH
EAST PORTION - MIXED-USE BUILDINGS A/B & C/DWEST PORTION - TOWNHOMES C-1 01007.0580/834680.12
01007.0580 2103038.2
EXHIBIT “C”
PUBLIC OPEN SPACE AREAS
3285
3285
FD
FDFD
VAN
MBMBMBMB
MBMBMB
MBMBMBMB
MBMBMB
MBMBMBMB
VAN
MBMBMBMB
3.3PRODUCT A
3.2PRODUCT A
3.1PRODUCT A
2.2PRODUCT A
2.1PRODUCT A
M.2PRODUCT A
M.1PRODUCT A
9.1PRODUCT A
1.3PRODUCT A
1.2PRODUCT A
1.1PRODUCT A
4.4PRODUCT A
4.3PRODUCT A
4.2PRODUCT A
4.1PRODUCT A
5.1PRODUCT A5.2PRODUCT A5.3PRODUCT A6.1PRODUCT A6.2PRODUCT A7.1PRODUCT A7.2PRODUCT A8.1PRODUCT A8.2PRODUCT A
2.2PRODUCT B
4.1PRODUCT D
7.1PRODUCT C
7.1PRODUCT B7.2PRODUCT B8.1PRODUCT B8.2PRODUCT B9.1PRODUCT B9.2PRODUCT B10.1PRODUCT B10.2PRODUCT B
3.2PRODUCT B3.1PRODUCT B1.2PRODUCT B1.1PRODUCT B11PRODUCT BM.1PRODUCT B2.1PRODUCT B
4.1PRODUCT B4.2PRODUCT B5.1PRODUCT B6.1PRODUCT B
M.1PRODUCT C 8.1PRODUCT C
6.1PRODUCT C5.1PRODUCT C1.1PRODUCT C
2.1PRODUCT C3.1PRODUCT C4.1PRODUCT C
5.1PRODUCT D
5.2PRODUCT D
6.1PRODUCT D
M.1PRODUCT D1.2PRODUCT D2.2PRODUCT D
2.1PRODUCT D
3.2PRODUCT D
3.1PRODUCT D
4.2PRODUCT D
1.1PRODUCT D
5.3PRODUCT D
6.2PRODUCT D
REC BLDG
GRACE AVE.
MAIN ACCESS ROAD 1
WEST D ALLEYWAYWEST A ALLEYWAYEAST A ALLEYWAY
WEST E ALLEYWAYWEST B ALLEYWAYEAST B ALLEYWAY
MAIN ACCESS ROAD 3
WEST F ALLEYWAYWEST C ALLEYWAYEAST C ALLEYWAY
ALLEYWAY GWEST D ALLEYWAYEAST D ALLEYWAY
PARK DRIVE
MAIN ACCESS ROAD 6
MAIN ACCESS ROAD 5
ALLEYWAY HALLEYWAY I
ALLEYWAY KALLEYWAY LALLEYWAY M
ALLEYWAY J
ALLEYWAY P
MAIN ACCESS ROAD 2MAIN ACCESS ROAD 4MAIN ACCESS ROAD 5
MAIN ACCESS ROAD 2MAIN ACCESS ROAD 5
198199197196195194192193
204206207208209211210205
213
230226227228229231
217216215214212
128129130131132133134135
168169
171170
172173174175
121
142
161
182
127126125124123122120 119117116115114113112
152153154155156157159160162163164165166167
337336335334333 343344345346347
327326325324323313314315316317
297296295294293 303304305306307265266267268269
255254253252251
239240241242243
118
145
158
185
136137138139140141143 144146147148149150151
191190189188187186184183181180179178177176
338339340341342 352351350349348
328329330331332
238237236235234
246247248249250318319320321322
312311310309308302301300299298264263262261260
270271272273274275276277278279280281282283284285286287288289290291292 47484950
3233343536 2625242322
6463626160 777879808182
1213141516 23456
9796959493 10710810911011198991001011028786
88 858483
11109871718192021
6566676869705554535251
3130292827
259258
257256
245244
233232
225224
223222
221220
219218
203202
201200
3738
3940
4142
4344
4546
5657585971727374757689909192103104105106
GRACE AVE.
GRACE AVE.
PARK DRIVE
PARK DRIVE
PARK DRIVE
VAN
PREF
DW
L
PREF
DW
L
PREF
DW
L
GUESTEV STALL
EV CHARGER000
FRONT
XFMR
NOPARKING
NOPARKING
NOPARKING
GUESTEV STALL
EV CHARGER000
GUEST
000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
GUEST
000
GUEST
000
GUESTVAN
000
GUEST
000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
GUEST
000
GUESTEV STALL
EV CHARGER000UP EXHAUST##########
RAMP UP<6.67%RAMP DOWN<6.67%
EXHAUST##########
EXHAUST##########
OTIS GEN33500 LB / 350 FPM5'-6" PIT13'-7" OVERRUN7'-9" CAB HEIGHT100' MAX. TRAVELNO PIT LADDER RECESS REQ'D EXHAUST##########
OTIS GEN33500 LB / 350 FPM5'-6" PIT15'-7" OVERRUN9'-9" CAB HEIGHT100' MAX. TRAVELNO PIT LADDER RECESS REQ'D FRONT
XFMR
30" DIA.APOLLO A500 SSLCOMPACTOR30" DIA.APOLLO A500 SSLCOMPACTOR 30" DIA.APOLLO A500 SSLCOMPACTOR30" DIA.APOLLO A500 SSLCOMPACTOR TRASHTERMINATIONROOM No. 2
TRASHTERMINATIONROOM No. 1
MAINTENANCE
ROOM
ELEVATORLOBBY No. 1
ELEVATORLOBBY No. 2
GUESTEV STALL
EV CHARGER000
GUEST
000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
GUEST
000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
GUEST
000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
GUEST
000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
NOPARKING
NOPARKING
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
NOPARKING
NOPARKING
DN
UP
ELECTRICALROOM
GUEST
000
NOPARKINGGUESTEV STALL
EV CHARGER000
RESTAURANT
REFUSE
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
RAMP DOWN<2.00%
NOPARKING
DERO'HOOP RACK'
DERO'FIXIT PLUS & AIR KIT 4'
BIKEROOM
DERO'DERO DUPLEX'17" SPACING12 BIKES
DERO'DERO DUPLEX'17" SPACING12 BIKES
RAMP DOWN<2.00%
RESTAURANTVAN
000
RESTAURANTEV STALL
EV CHARGER000
RESTAURANTEV STALL
EV CHARGER000
ACCESS RM.
ACCESS RM.
RESTAURANTEV STALL
EV CHARGER000
RESTAURANT
000
RESTAURANT
000
RESTAURANT
000
LEASING
000
LEASING000
LEASINGVAN
000
NOPARKING
RESTAURANT
000
RESTAURANT
000
RESTAURANT
000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
GUEST
000
GUEST
000
GUEST
000
GUEST
000
UP18R
UP18R
UP20R
UP20R
W14x68
W14x68
W14x68
W14x68
W14x68
W16x77
W16x77
W12x50 W12x50
W16x77 W16x77
W18x130
W14x68W14x68 W18x119 W18x119
W18x65 W18x65
W16x77
W18x130
W16x77
W12x50 W12x50
W14x68
W18x130 W18x130
POOL ANDSPA PANELELECTRICALCLEARANCE
CHEMICALCONTROLLERCLEARANCESPILL CONTAINMENTPLATFORMSPASANDFILTERTR100C FD
POOLSANDFILTERTR140C-3POOLSANDFILTERTR140C-3
COLD PLUNGESANDFILTERTR100C
H2050 GALACID(3) 53 GALCHLORINE
EYEWASH
CHILLERCLEARANCE
PARCEL
10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS 10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS 10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS 10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS 10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS 10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS 10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS 10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS10T 2P4CADD-10CS
PARCELPARCELPARCELPARCELPARCEL
PARCELPARCEL
PARCELPARCELPARCEL
PARCEL
PARCELPARCEL
PARCELPARCELPARCEL
COATSENTRY
W.I.C.D/W
L
LIVING
KITCHEN
REF
BEDROOM
PATIO/BALCONY
W/DBATH
BATH
W/D
P
DW
REF
PATIO/BALCONY
COATSENTRY
W.I.C. D/W
L
LIVING
KITCHEN
REF
BEDROOM
PATIO/BALCONY
W/DBATH
BATH
W/D
P
DW
REF
PATIO/BALCONY
COATSENTRY
W.I.C. D/W
L
LIVING
KITCHEN
REF
BEDROOM
PATIO/BALCONY
W/DBATH
BATH
W/D
P
DW
REF
PATIO/BALCONY
COATSENTRY
W.I.C. D/W
L
LIVING
KITCHEN
REF
BEDROOM
PATIO/BALCONY
W/DBATH
BATH
W/D
P
DW
REF
PATIO/BALCONY
COATSENTRY
W.I.C.D/W
L
LIVING
KITCHEN
REF
BEDROOM
PATIO/BALCONY
W/DBATH
BATH
W/D
P
DW
REF
PATIO/BALCONY
ROOMLIVING
BEDROOM
W.I.C.
PATIO/BALCONY
KITCHENBATH
ROOMLIVING
BEDROOM
W.I.C.
PATIO/BALCONY
KITCHENBATH
ROOMLIVING
BEDROOM
W.I.C.
PATIO/BALCONY
KITCHENBATH
ROOMLIVING
BEDROOM
W.I.C.
PATIO/BALCONY
KITCHENBATH
ROOMLIVING
BEDROOM
W.I.C.
PATIO/BALCONY
KITCHENBATH
ROOMLIVING
BEDROOM
W.I.C.
PATIO/BALCONY
KITCHENBATH
ROOMLIVING
BEDROOM
W.I.C.
PATIO/BALCONY
KITCHENBATH
ROOMLIVING
BEDROOM
W.I.C.
PATIO/BALCONY
KITCHENBATH
ROOMLIVING
BEDROOM
W.I.C.
PATIO/BALCONY
KITCHENBATH
PREF
DW
L PREF
DW
L PREF
DW
L
PREF
DW
L
PREF
DW
L
PREF
DW
L
PREF
DW
LPREF
DW
L
L
COATSW/DP
3070
3070
3070
3070
3070
3070
3070
3070
3070
3070
W.R.
W.R.
ROOMLIVING
BEDROOM
W.I.C.
PATIO/BALCONY
KITCHEN
BATH
PREF
DW
L
3070
ROOMLIVING
BEDROOM
W.I.C.
PATIO/BALCONY
KITCHENBATH
W.R.EPHUB
W.R.
L
2/2
1/11/1
L
2/2
1/11/1W.R.
W.R.
W.R.
W.R.
W.R.W.R.W.R.
AOAO DotAO SwooshAOAO DotAO Swoosh
STO.90 CU.FT. REQ.
UP20R
UP18R
RAMP DN8.0% MAX. SLOPE
UP20R
192018
L
COATSW/DP
PREF
DW
L
PREF
DW
L
PREF
DW
LPREF
DW
L
VITREOUS CHINALAVATORYARCHERK-2355 VITREOUS CHINALAVATORYARCHERK-2355
GUESTEV STALL
EV CHARGER000
FRONT
XFMR
NOPARKING
NOPARKING
NOPARKING
GUESTEV STALL
EV CHARGER000
GUEST
000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
GUEST
000
GUEST
000
GUESTVAN
000
GUEST
000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
GUEST
000
GUESTEV STALL
EV CHARGER000UP EXHAUST##########
RAMP UP<6.67%RAMP DOWN<6.67%
EXHAUST##########
EXHAUST##########
OTIS GEN33500 LB / 350 FPM5'-6" PIT13'-7" OVERRUN7'-9" CAB HEIGHT100' MAX. TRAVELNO PIT LADDER RECESS REQ'D EXHAUST##########
OTIS GEN33500 LB / 350 FPM5'-6" PIT15'-7" OVERRUN9'-9" CAB HEIGHT100' MAX. TRAVELNO PIT LADDER RECESS REQ'D FRONT
XFMR
30" DIA.APOLLO A500 SSLCOMPACTOR30" DIA.APOLLO A500 SSLCOMPACTOR 30" DIA.APOLLO A500 SSLCOMPACTOR30" DIA.APOLLO A500 SSLCOMPACTOR
TRASHTERMINATION
ROOM No. 2
TRASHTERMINATION
ROOM No. 1
MAINTENANCE
ROOM
ELEVATORLOBBY No. 1
ELEVATORLOBBY No. 2
GUESTEV STALL
EV CHARGER000
GUEST
000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
GUEST
000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
GUEST
000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
GUEST
000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
NOPARKING
NOPARKING
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
NOPARKING
NOPARKING
DN
UP
ELECTRICAL
ROOM
GUEST
000
NOPARKINGGUESTEV STALL
EV CHARGER000
RESTAURANTREFUSE
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
RAMP DOWN<2.00%
NOPARKING
DERO'HOOP RACK'
DERO'FIXIT PLUS & AIR KIT 4'
BIKEROOM
DERO'DERO DUPLEX'17" SPACING12 BIKES
DERO'DERO DUPLEX'17" SPACING12 BIKES
RAMP DOWN<2.00%
RESTAURANTVAN
000
RESTAURANTEV STALL
EV CHARGER000
RESTAURANTEV STALL
EV CHARGER000
ACCESS RM.
ACCESS RM.
RESTAURANTEV STALL
EV CHARGER000
RESTAURANT
000
RESTAURANT
000
RESTAURANT
000
LEASING
000
LEASING
000
LEASINGVAN
000
NOPARKING
RESTAURANT
000
RESTAURANT
000
RESTAURANT
000
GUESTEV STALL
EV CHARGER000
GUESTEV STALL
EV CHARGER000
GUEST
000
GUEST
000
GUEST
000
GUEST
000
PREF
DW
L
ROOMLIVING
BEDROOM
W.I.C.
PATIO/BALCONY
KITCHENBATH
ROOMLIVING
BEDROOM
W.I.C.
PATIO/BALCONY
KITCHENBATH
ROOMLIVING
BEDROOM
W.I.C.
PATIO/BALCONY
KITCHENBATH
ROOMLIVING
BEDROOM
W.I.C.
PATIO/BALCONY
KITCHENBATH
ROOMLIVING
BEDROOM
W.I.C.
PATIO/BALCONY
KITCHENBATH
ROOMLIVING
BEDROOM
W.I.C.
PATIO/BALCONY
KITCHENBATH
ROOMLIVING
BEDROOM
W.I.C.
PATIO/BALCONY
KITCHENBATH
ROOMLIVING
BEDROOM
W.I.C.
PATIO/BALCONY
KITCHENBATH
ROOMLIVING
BEDROOM
W.I.C.
PATIO/BALCONY
KITCHENBATH
ROOMLIVING
BEDROOM
W.I.C.
PATIO/BALCONY
KITCHENBATH
ROOMLIVING
BEDROOM
W.I.C.
PATIO/BALCONY
KITCHENBATH
ROOMLIVING
BEDROOM
W.I.C.
PATIO/BALCONY
KITCHENBATH
ROOMLIVING
BEDROOM
W.I.C.
PATIO/BALCONY
KITCHENBATH
ROOMLIVING
BEDROOM
W.I.C.
PATIO/BALCONY
KITCHENBATH
ROOMLIVING
BEDROOM
W.I.C.
PATIO/BALCONY
KITCHENBATH
ROOMLIVING
BEDROOM
W.I.C.
PATIO/BALCONY
KITCHENBATH
PREF
DW
L PREF
DW
L PREF
DW
L
PREF
DW
L
PREF
DW
LPREF
DW
L
PREF
DW
L PREF
DW
L
PREF
DW
L
PREF
DW
L PREF
DW
L PREF
DW
L PREF
DW
L
PREF
DW
L
COATSENTRY
W.I.C.D/W
L
LIVING
KITCHEN
REF
BEDROOM
PATIO/BALCONY
W/DBATH
COATSENTRY
W.I.C.D/W
L
LIVING
KITCHEN
REF
BEDROOM
PATIO/BALCONY
W/DBATH COATSENTRY
W.I.C. D/W
L
LIVING
KITCHEN
REF
BEDROOM
PATIO/BALCONY
W/DBATH
BATH
W/D
P
DW
REF
PATIO/BALCONY
BATH
W/D
P
DW
REF
PATIO/BALCONY
BATH
W/D
P
DW
REF
PATIO/BALCONY
3070
3070
ROOMLIVING
BEDROOM
W.I.C.
PATIO/BALCONY
KITCHENBATH
ROOMLIVING
BEDROOM
W.I.C.
PATIO/BALCONY
KITCHENBATH
ROOMLIVING
BEDROOM
W.I.C.
PATIO/BALCONY
KITCHENBATH
ROOMLIVING
BEDROOM
W.I.C.
PATIO/BALCONY
KITCHENBATH
VAN
3000APULLSECTIONHOUSEMETER/DISTRIBRES.DISTRIB.RES.DISTRIB.3000AMAINDISC.
SECTION B
SECTION C
3000APULLSECTIONHOUSEMETER/DISTRIBRES.DISTRIB.RES.DISTRIB.3000AMAINDISC.
SECTION DMETER SECTION E
SECTION J
3000APULLSECTIONRES.DISTRIB.RES.DISTRIB.
METER SECTION GMETER SECTION H
SECTION A
SECTION F
RES.DISTRIB.
4000APULLSECTION4000AMETER/MAINHOUSEDISTRIB.HOUSEDISTRIB.
AVALON BOULEVARD
AVALON BOULEVARD
AVALON BOULEVARD
USPS
N.A.P.
N.A.P.
N.A.P.
JOB# 23-003/23-024DATE: 01-09-2026OPEN SPACE EXHIBIT
MIXED-USE BLDGS A/B & C/DPUBLICALLY ACCESSIBLECOMMON OPEN SPACEPUBLICALLY ACCESSIBLEPARK / PLAZANON-PUBLICALLY ACCESSIBLECOMMON OPEN SPACENON-PUBLICALLY ACCESSIBLERECREATION OPEN SPACE
LEGEND - EAST PORTION
64,954
34,21027,44128,304
OPEN SPACE CALCULATIONSEAST PORTIONPUBLICALLY ACCESSIBLECOMMON OPEN SPACEPUBLICALLY ACCESSIBLEPARK / PLAZANON-PUBLICALLY ACCESSIBLECOMMON OPEN SPACENON-PUBLICALLY ACCESSIBLERECREATION OPEN SPACE
1.5 0.70.60.4
S.F.AC
174,679TOTAL4.0
0'25'50'100'
NORTH
EAST PORTION - MIXED-USE BUILDINGS A/B & C/DWEST PORTION - TOWNHOMES 19,770PRIVATE DECK AREA0.8
181,063SITE COVERAGE FOR BLDGS.BUILDING ABS.F.118,703BUILDING CD299,766BUILDING TOTAL518,522SITE TOTAL58%SITE COVERAGE FOR BLDGS.
EAST PORTION
TOWNHOMESPUBLICALLY ACCESSIBLECOMMON OPEN SPACE
NON-PUBLICALLY ACCESSIBLEOPEN SPACE(BACKYARD/PATIO/DECK)
NON-PUBLICALLY ACCESSIBLECOMMON OPEN SPACENON-PUBLICALLY ACCESSIBLERECREATION OPEN SPACE
LEGEND - WEST PORTION
WEST PORTIONLANDSCAPE/EASEMENTPUBLICALLY ACCESSIBLECOMMON OPEN SPACE
PRIVATE OPEN SPACE/BACKYARD/PATIONON-PUBLICALLY ACCESSIBLEOPEN SPACE
LANDSCAPE/COMMON OPEN SPACENON-PUBLICALLY ACCESSIBLECOMMON OPEN SPACERECREATION AREA/CLUBHOUSENON-PUBLICALLY ACCESSIBLERECREATION OPEN SPACE OPEN SPACE CALCULATIONS19,904
34,502
146,46511,878
0.5 0.8
3.40.3 S.F.AC
TOTAL212,7504.9
D-1 01007.0580/834680.13
01007.0580 2103038.2
EXHIBIT “D”
AMENDED AND RESTATED COAS
[TO BE ADDED]
E-1 01007.0580/834680.13
01007.0580 2103038.2
EXHIBIT “E”
EXCERPTS FROM 2022 CALIFORNIA MECHANICAL CODE (INCLUDING THE JULY 1, 2024 SUPPLEMENT)
-1-
01007.0580 2079782.7
DRAFT
AMENDED AND RESTATED CONDITIONS OF APPROVAL (EXHIBIT D TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT 23-19)
EXHIBIT B TO PLANNING COMMISSION RESOLUTION NO. 22 -244 - CONDITIONS OF APPROVAL (SITE PLAN AND DESIGN REVIEW No. DOR 1803-19)
These “Conditions of Approval” shall govern the development of the Imperial Avalon Site Plan within the Imperial Avalon Specific Plan (“Specific Plan”), located at 21207 Avalon Boulevard in the City of Carson (“Project Site”). The “Project” consists of 1,115 residential dwelling units, 10,000 square feet of restaurant uses and 111,581 square feet of publicly accessible, privately maintained open space. The Project is proposed by the “Applicant” which currently (as of the date of Planning Commission Resolution No. 22-244) consists of Imperial Avalon, LLC which term shall include the successors and assigns of the Applicant (aka, the “Developer).
GENERAL CONDITIONS
1. The Applicant shall sign an Affidavit of Acceptance form and submit the document to the Planning Division within 30 days of receipt of the City Council Resolution approving the amendment to the Specific Plan.
2. The adopted Ordinance approving the Specific Plan, including the Conditions of Approval contained herein, and the signed Affidavit of Acceptance, shall be copied in their entirety and placed directly onto a separate plan sheet behind the cover sheet of the development plans prior to Building and Safety plan check submittal. Said copies shall be included in all development plan submittals, including any revisions and the final working drawings.
3. These Conditions of Approval shall be subject to the terms and conditions of the Imperial Avalon Specific Plan, Final Environmental Impact Report (FEIR), Mitigation Monitoring and Reporting Program (MMRP), and Development Agreement (DA). In the event of a conflict between these Conditions of Approval and the Development Agreement the Development Agreement shall control.
4. Prior to Building and Safety plan check submittal and prior to issuance of building permits with respect to each phase of the Project (i.e. Townhomes, first Apartment building, second Apartment building) (each a “ Phase”), the Applicant shall submit a complete set of electronic Construction Drawings for such Phase that conform to all the Conditions of Approval applicable to such Phase to be reviewed and approved by the Planning Division.
-2-
01007.0580 2079782.7
5. The Applicant shall comply with all Mitigation Measures, Project Design Features, and Project Characteristics as described in the Final Environmental Impact Report and MMRP.
6. The Applicant shall make any necessary site plan and design revisions to the site plan and elevations approved by the Planning Commission, City Council, and these conditions of approval. All plans shall be consistent with all project approvals.
7. City Approvals. All approvals by City, with respect to the Project and/or the Conditions of Approval set forth herein, unless otherwise specified, shall be by the department head of the department or agency requiring the applicable condition. All agreements, covenants, easements, deposits and other documents required herein where City is a party shall be in a form approved by the City Attorney. The Applicant shall pay the cost for review and approval of such agreements and deposit necessary funds pursuant t o the First Amended Reimbursement Agreement, between the City and Imperial Avalon, LLC, dated June 1, 2022 (as amended or modified from time to time, the “Reimbursement Agreement”).
8. Reimbursement Agreement. A trust deposit account shall be established and maintained pursuant to the Reimbursement Agreement.
9. Indemnification. The Applicant, and its tenant(s), for themselves and their successors in interest (“Indemnitors”), agree to defend, indemnify and hold harmless the City of Carson, its agents, officers and employees, and each of them (“Indemnitees”) as set forth in the DA from and against any and all claims, liabilities, damages, losses, costs, fees, expenses, penalties, errors, omissions, forfeitures, actions, and proceedings (collectively, “Claims”) against Indemnitees with respect to the Project entitlements or approvals that are the subject of these Conditions of Approval, and any Claims against Indemnitees which are in any way related to Indemnitees’ review of or decision upon the Project that is the subject of these Conditions of Approval (including, without limitation, any Claims related to any finding, determination, or claim of exemption made by Indemnitees pursuant to t he requirements of the California Environmental Quality Act, or other local or State Agencies, and any Claims against Indemnitees which are in any way related to any damage or harm to people or property, real or personal, arising from Indemnitors’ construc tion or operations of the Project, I, or any of the Project entitlements or other approvals that are the subject of Conditions of the Approvals for the Specific Plan, Site Plan and Design Review and Tentative Tract Map. The City will promptly notify Indemnitors of any such claim, action or proceeding against Indemnitees, and, at the option of the City, Indemnitors shall either undertake the defense of the matter or pay Indemnitees associated legal costs or shall advance funds assessed by the City to pay for the defense of the matte r by the City Attorney. In the event the City opts for Indemnitors to undertake defense of the matter, the City will cooperate reasonably in the defense, but retains the right to settle or abandon the matter without Indemnitors’ consent. Indemnitors shall provide a deposit to the City in the amount of 100% of the City’s estimate, in its sole and absolute discretion, of the cost of
-3-
01007.0580 2079782.7
litigation / Claims asserted, including the cost of any award of attorneys’ fees, and shall make additional deposits as requested by the City to keep the deposit at such level. If Indemnitors fail to provide or maintain the deposit, Indemnitees may abandon the action and Indemnitors shall pay all costs resulting therefrom and Indemnitees shall have no liability to Indemnitors.
SPECIAL CONDITIONS
10. Avalon Street Improvements. Prior to issuance of any building permits, the developer shall prepare plans and obtain approval from the City for installation of street improvements along their Avalon Boulevard street frontage consistent with the Carson Street Master Plan improvements, the Union South bay project, and as identified in the DIF Nexus Study prepared by Kelly Associates Management Group and dated March 19, 2019, and approved by the City Council on April 2, 2019, along with all reports, studies, assessments and memorandums referenced within that study(collectively the “DIF Nexus Study”) including parkway and median landscaping, hardscaping, and street furnitu re including bike racks, streetlights, benches, way finding signs, etc. All improvements shall be completed prior to issuance of the certificate of occupancy permit for the first apartment building or any townhomes, whichever occurs earlier.
11. Grace Avenue Improvements. Prior to issuance of building permits, the developer shall prepare plans and obtain approval from the City for installation of street improvements along their street frontage improvements for Grace Avenue consistent with the approved plans. All improvements shall be completed prior to issuance of the occupancy permit for the first townhome.
12. Bicycle Lane Improvements. Prior to issuance of building permits, the developer shall prepare plans and obtain approval from the City for installation of bicycle lanes along Avalon Boulevard and 213th Street identified in the DIF Nexus Study. All improvements shall be completed prior to issuance of the certificate of occupancy permit for the first apartment building or any townhomes, whichever occurs earlier.
13. The Site Plan and Design Review approval shall not be effective until such time the City Council approves the Specific Plan, Development Agreement, General Plan Amendment, and Zone Change and said documents are legally effective.
14. The final Construction Documents shall comply with the provisions and requirements of the Development Agreement, the Specific Plan and final approved Site Plan.
15. The applicant shall ensure that the fugitive dust control program is implemented during construction. The program shall be depicted on the construction drawings/grading plans and the contractor shall be responsible for implementation.
-4-
01007.0580 2079782.7
16. Adequate measures shall be taken to eliminate odors during the grading operations as a result of the site being a former landfill to the satisfaction of the Community Development Director.
17. The Development Agreement Fee and all other fees Fees shall be paid in appropriate times as specified in the Development Agreement and the Conditions of Approval.
LANDSCAPE / IRRIGATION
18. Landscaping shall conform to the provisions contained in the Specific Plan and all City codes regarding water conservation.
19. Prior to issuance of any building permits for the applicable Apartment Phase, the applicable Applicant shall provide onsite landscape plans for the applicable Apartment Phase to the Planning Division for review and approval for all areas of the site. Prior to issuance of building permits for the Townhomes, the Applicant shall provide onsite landscape plans for the Townhomes to the Planning Division for review and approval.
In lieu of installation of the entire landscaping on the site prior to issuance of occupancy permits, t The Community Development Director may shall approve a phased landscape installation plan as submitted by the developer s of the Townhome and/or Apartment components of the project to require allow a phased installation of landscaping prior to issuance of occupancy permits of various portions of the project.
20. Installation, maintenance, and repair of all onsite landscaping shall be the responsibility of the Applicant for each Phase. All landscaping shall be installed prior to issuance of any occupancy permits. The Community Development Director may approve a phased installation of the landscaping.
21. Landscaping shall be provided with a permanently installed, automatic irrigation system and operated by an electrically-timed controller station set for early morning or late evening irrigation per the Specific Plan.
22. Installation of 6” high concrete curbs are required around all landscaped planter areas, except for areas determined by National Pollutant Discharge Elimination System(NPDES) permit or other applicable condition of approval that requires certain landscaped areas to remain clear of concrete curbs for more efficient storm water runoff flow and percolation as deemed necessary by the City Engineer. Revised landscaping and irrigation plans shall be reviewed and approved by the Planning Division should subsequent modifications be required by other concerned agencies regarding the removal of concrete curbs.
23. The proposed irrigation system shall include best water conservation practices.
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24. Backflows shall be screened with min. 5’ wide planters and landscape screen material, with plant material per the Specific Plan. Paint device green color similar to Frazee, aeroplate ‘Forest Green’ or equal. Transformers shall be screened with shrubs and ground covers, with plant material per the Specific Plan.
25. The Project shall comply with AB 325, the State Model Water Efficient Landscape Ordinance. Maximum Applied Water Allowance, MAWA, and Estimated Applied Water Use shall be calculated and submitted on all landscape construction documents.
26. All walls that include creeping vines shall be installed on the project side of the wall and shall be passed through the walls to the opposite side by drilling holes on wall or by other method as approved by the Planning Division.
27. Show corner sight line distances on the landscape plan per Engineering Department Standard Drawings.
WALLS / FENCES
28. Prior to the issuance of any building permits for the Apartments for an Apartments Phase, the applicant shall submit a Wall and Fence Plan for the Apartments for such Phase to the Planning Division for review and approval by the Planning and Building Divisions for all areas of the site. Prior to the issuance of any building permits for the Townhomes, the applicant shall submit a Wall and Fence Plan for the Townhomes to the Planning Division for review and approval by the Planning and Building Divisions. The plans shall indicate materials colors and height of proposed and existing walls and fences and shall include a cross section of walls and fences indicating adjacent grades. Walls shall be consistent with the requirements of the Specific Plan. In lieu of construction of all walls and fences on the site prior to issuance of any occupancy permits, the Community Development Director may shall approve a phased construction plan for the walls and fences as submitted by the developer of the Townhome and/or applicable Apartment Phase component of the project to allow for phased construction of all walls and fences prior to issuance of occupancy permits certificates of occupancy of various portions the applicable Phases of the project.
29. All walls shall include graffiti-resistant coating.
LIGHTING
30. All exterior lighting and sign lighting shall be provided in compliance with the standards pursuant to the Specific Plan.
31. Two sets of onsite lighting plans for each Apartment Phase are to be drawn, stamped, and signed by a licensed lighting consultant or an electrical engineer and submitted and approved by the Planning Division prior to the issuance of building permits for the
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applicable Apartments Phase. Two sets of onsite lighting plans for the Townhomes are to be drawn,
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stamped, and signed by a licensed lighting consultant or an electrical engineer and submitted and approved by the Planning Division prior to the issuance of building permits for the Townhomes. In lieu of installation of all lights on the site prior to issuance of any occupancy permits, the Community Development Director may shall approve a phased installation plan as submitted by the developer s of the Townhome and/or applicable Apartment Phase component of the project to allow for the phased installation of lights prior to issuance of occupancy permits of various portions of the project.
32. All lighting within the Project shall be directed on-site in such a manner as to not create a nuisance or hazard to adjacent streets and properties, which shall be subject to the approval of the Planning Division.
SIGNAGE
33. Prior to issuance of any building certificates of occupancy permits for the Apartment Phases, the Applicant shall submit a Comprehensive Sign Program for the applicable Apartment Phase consistent with the Specific Plan and Development Agreement. Prior to issuance of any certificates of occupancy for the Townhomes, the Applicant shall submit a Comprehensive Sign Program for the Townhomes consistent with the Specific Plan and Development Agreement. The Comprehensive Sign Program shall reflect a consistent design aesthetic between the Apartments and the Townhomes.
34. Prior to issuance of building any certificates of occupancy permits, the Applicant shall provide plans to the Planning Division for approval of entry monument signage consistent with the Comprehensive Sign Program.
35. Prior to issuance of building any certificates of occupancy permits for the applicable Apartment Phase, the Applicant shall provide plans to the Planning Division for approval of Directional/wayfinding signage consistent with the Comprehensive Sign Program for the applicable Apartment Phase. Prior to issuance of any certificates of occupancy for the Townhomes, the Applicant shall provide plans to the Planning Division for approval of Directional/wayfinding signage consistent with the Comprehensive Sign Program for the Townhomes.
36. All signs shall be installed prior of any issuance of occupancy permits. In lieu of installation of all signage on the site prior to issuance of any occupancy permits, the Community Development Director may shall approve a phased installation plan as submitted by the developer s of the Townhome and/or applicable Apartment Phase component of the project to allow for the phased installation of signs prior to issuance of occupancy permits of various portions of the project.
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PARKING
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37. Prior to issuance of certificate of occupancy of for the first apartment building, the Applicant shall prepare, submit for City’s approval, fund and operate a parking management program for on -site parking monitoring and Grace Avenue parking monitoring. The program will be required to ensure that residents a nd visitors park in appropriate parking stalls. Imperial Avalon residents and guest shall be prohibited from parking on Grace Avenue or other residential streets of the surrounding community.
38. All parking areas and driveways shall remain clear. No encroachment into parking areas and/or driveways shall be permitted.
39. All areas used for the movement, parking, loading, repair or storage of vehicles shall be paved with either: a. Concrete or asphaltic concrete to a minimum thickness of three and one-half inches over four inches of crushed aggregate base; or b. Other surfa cing material which, in the opinion of the Director of Public Works, provides equivalent life, service and appearance.
TRASH
40. Trash collection shall comply with the requirements of the City’s trash hauler.
41. Submit development plans for plan check review and approval prior to issuance of permits.
42. Obtain all appropriate permits and an approved final inspection for the proposed Project.
ENGINEERING SERVICES DEPARTMENT - CITY OF CARSON
41. Any existing off-site improvements damaged during the construction shall be removed and reconstructed per City of Carson PW Standard Drawings and to the satisfaction of the City Engineer.
42. A construction permit is required for any work to be done in the public right-of-way.
43. The Applicant shall comply with street improvements and all other requirements included in the Development Agreement.
44. The Applicant shall comply with all conditions and requirements imposed in connection with recordation of the Final Tract Map by the County of Los Angeles Department of Public Works and/or the County of Los Angeles Department of Public Works City, as approved by the City Engineer.
Prior to Certificate of Occupancy
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45. The developer shall ensure the signal at the intersection of Avalon Boulevard and the main project entry is operational, at the developer’s expense, to the satisfaction of the City Engineer.
46. The Applicant shall comply with all requirements from L.A. County Sewer Maintenance Division for Maintenance of new and/or existing sewer main, relating to this development, prior to release of all improvement bonds.
47. The Applicant shall execute and provide to the City Engineer, a written statement from the water purveyor (Calwater) indicating that the water system will be operated by the purveyor and that under normal conditions, the system will meet the requirements for the development and that water service will be provided to each building. Compl y with mitigation measures required by the water purveyor.
48. The Applicant shall construct and guarantee the construction of all required drainage infrastructures in accordance with the requirements and recommendations of the hydrology study, subject to the approval of the City Engineer.
49. If needed, easements shall be granted to the City, appropriate agency, or entity for the purpose of ingress, egress, construction, and maintenance of all infrastructures constructed and handicap access for this development to the satisfaction of the City Engineer and or appropriate agency or entity.
50. All infrastructure necessary to serve the Project Townhomes (water, sewer, storm drain, and street improvements) shall be in operation prior to issuance of any certificates of occupancy for the Townhomes. All infrastructure necessary to serve the applicable Apartment building Phase (water, sewer, storm drain, and street improvements) shall be in operation prior to the issuance of certificates of occupancy for the respective Apartment Phase building. shall be in operation prior to the issuance of Certificate of Occupancy of any building.
PUBLIC WORKS – WATER QUALITY
Prior to Issuance of Building Permit
51. The Applicant shall comply with all applicable Low Impact Development (“LID”) requirements and shall include Best Management Practices (“BMP”) necessary to control storm water pollution from construction activities and facility operations to the satisfaction of the City Engineer.
52. Applicant shall complete and provide a BMP Reporting Template to City of Carson, Engineering Services Department.
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53. Applicant shall provide contact information of the Qualified Storm Water Developer (“QSD”) and/or Qualified SWPPP (Storm Water Pollution Prevention Plan) Developer (“QSP”) for the Project Site.
54. Applicant shall submit digital copies of SUSMP/LID/NPDES/Grading Plans concurrently to City of Carson, Engineering Services Department and Los Angeles County Building & Safety Division.
55. Applicant shall complete, sign and return the Stormwater Planning Program LID Plan Checklist form and return to City of Carson Engineering Services Division.
Prior to Certificate of Occupancy
56. For any structural and/or treatment water quality control device installed, the Applicant, shall record a maintenance covenant pursuant to Section 106.4.3 of the County of Los Angeles Building Code and title 12, Chapter 12.80 of the Los Angeles County Code relating to the control of pollutants carried by storm water runoff. In additio n, an exhibit shall be attached to such covenant to identify the location and maintenance information for any structural and/or treatment control device installed. a) The Maintenance Covenant shall be reviewed and approved by the City Engineer prior to recordation with the Los Angeles County Registrar -Recorder/County Clerk. b) RECORDATION of the Maintenance Covenant is the responsibility of the Applicant. Provide a copy of the recorded Covenant Agreement to City Engineer prior to certificate of occupancy for any building.
57. Inspection will be conducted once a year after any portions of the Project are constructed.
FIRE DEPARTMENT
58. The proposed development for the Project shall obtain approval and comply with all Los Angeles County Fire Department requirements.
DEVELOPMENT IMPACT AGREEMENT FEE
59. Interim Development Impact Fee: In accordance with Article XI (Interim Development Impact Fee Program) of the Carson Municipal Code (“CMC”), the applicant, property owner, and/or successor to whom this project approval is assigned (“Developer”) shall be responsible for payment of one-time interim development impact fees (“IDIF”) for the applicable Phase at the applicable rate detailed below for each unit of residential development constructed for the project. If the project increases or decreases in regards to the number of units constructed, the total IDIF amount will be adjusted accordingly at the applicable rate.
Per CMC 11504, the IDIF shall be paid prior to the issuance of a certificate of
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occupancy for the specific Townhome or Apartment building or up to twelve (12) months following
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the issuance of the building permit for the specific Townhome or Apartment building, whichever occurs first, and the applicable IDIF rate (detailed below) shall be that in effect at the time of such payment, unless the timing or requirements of payment is modified by applicable State Law. No certificate of occupancy shall be issued prior to the full payment of the required IDIF amount, which payment shall be made in one lump sum installment. IDIF amounts/rates are subject to adjustment every July 1st based on State of California Construction Cost Index (Prior March to Current March Adjustment), per CMC Section 11500.
IDIF amounts/rates for residential development have been set at $16,918.01 per unit (1 bedroom or studio) and $21,147.52 (All Other) per unit for Fiscal Year 2025-26, effective July 1, 2025, through June 30, 2026. Affordable Housing Units are exempted from IDIF.
None of the proposed project units are ex empt from IDIF. Based on the above- specified rates, the Developer would be responsible for a total payment of IDIF for the proposed project in an amount calculated as follows: (538 units [1 bedroom or studio] X $16,918.01 per unit = $9,101,889.38) + (578 units [All Other] X $21,147.52 per unit = $12,223,266.56) = $21,325,155.94, subject to any applicable fee credits or reimbursements to which Developer might be entitled under Carson Municipal Code Sections 11800-11804.
However, if the IDIF for the project is not paid in 2025-26 fiscal year (i.e., by June 30, 2026), a new IDIF rate/amount will apply for the period of July 1, 2026, through June 30, 2027, based on the IDIF rate for Fiscal Year 2026 -27, and so on for subsequent fiscal year(s). The fee for Fiscal Year 2026-2027 IDIF has not yet been determined.
To understand the requirements in more detail, please visit the City’s IDIF webpage at:
https://ci.carson.ca.us/communitydevelopment/IDIFProgram.aspx and/or contact James Nguyen at [email protected] or 310-952-1700 ext. 1310.
Notice of Imposition of Interim Development Impact Fees; Right to Protest Pursuant to CMC Section 11503, Developer is hereby notified of the IDIF imposed on the project, as described and in the amount stated above. In accordance with Government Code Section 66020, Developer may protest the imposition of the IDIF on the project by complying with the requirements set forth in CMC 11900. Any such protest shall be filed at the time of the approval or conditional approval of a development, as that phrase is defined in CMC 11901(A).
If you have any questions or comments regarding this notice, please contact James Nguyen at [email protected] or (310) 952-1700 ext. 1310.
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In lieu of the Developer and the Project opting into Citywide Community Facilities District No. 2018-01 (“CFD”) (estimated to have a net present value over the life of this Agreement of approximately fourteen million six hundred fifty-eight thousand three hundred sixty-two dollars ($14,658,362.00) and paying Development Impact Fees pursuant to Ordinance No. 19-1931 (estimated to be approximately thirteen million one hundred twenty-seven thousand fourteen dollars ($13,127,014.00) based on current Project features), Developer shall pay a Development Agreement Fee totaling thirty million fifteen thousand three hundred seventy-six dollars ($30,015,376.00) (the “Development Agreement Fee”) (this includes an additional fee of $2,000 per residential unit multiplied by 1,115 units even if fewer units are constructed (equal to two million two hundred thirty thousand dollars ($2,230,000.00)).
Developer shall have the right to pay the Development Agreement Fee as prescribed below or cause the Development Agreement Fee contributions and payments to be made by a nonprofit entity in accordance with the terms prescribed by this Agreement.
Except as otherwise provided for the Carson Park and Recreation Subsidy and the Initial DA Fee Payment, the amounts prescribed below shall be paid either by the Developer or the nonprofit entity at the City’s direction toward specific programs, projects or uses within the following categories: (i) park, recreational and open space site acquisition, facility development and maintenance, (ii) City infrastructure improvements, maintenance and upgrades, and (iii) community recreational benefits and subsidies. The Development Agreement Fee payments are limited to the amounts and subject to the schedule set forth below:
a) Three hundred thousand dollars ($300,000.00) shall be due upon the Effective Date of the DA and shall be used by City to subsidize Carson residents’ fees and costs associated with park and recreational registration, trophies and jerseys (“Carson Park and Recreation Subsidy”).
b) Five million dollars ($5,000,000.00) shall be due prior to issuance of a grading permit for the Project (“Initial DA Fee Payment”). The City shall have the option to use the Initial DA Fee Payment in whole or in part for low income housing including but not limited to maintenance and upgrades to, and assistance with the preservation of, existing mobilehome parks located throughout the City. c) Five million dollars ($5,000,000.00) shall be due prior to issuance of a building permit for the first Townhome to be constructed within the Project. d) Six million dollars ($6,000,000.00) shall be due prior to issuance of a certificate of occupancy for the first Apartment building to be constructed within the Project, and another six million dollars ($6,000,000.00) shall be due upon issuance of a certificate of occupancy for the second Apartment building to be constructed within the Project..
e) Five million dollars ($5,000,000.00) shall be due within six months following issuance of a certificate of occupancy for the first Apartment building to be constructed within the Project.
f) Two million seven hundred fifteen thousand three hundred and seventy-six dollars ($2,715,376.00) shall be due prior to issuance of a building permit for the 150th Townhome to be constructed within the Project.
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EXHIBIT C TO PLANNING COMMISSION RESOLUTION NO. 22 -244, AS AMENDED BY CITY COUNCIL RESOLUTION NO. 22 -242 - CONDITIONS OF APPROVAL (VESTING TENTATIVE TRACT MAP 83157)
These “Conditions of Approval” shall govern the development of the Imperial Avalon Vesting Tentative Tract Map (“VTTM”), located at 21207 Avalon Boulevard in the City of Carson (“Project Site”). The “Project” consists of a mixed use project including 1,115 residential dwelling units, 10,000 square feet of restaurant area, and 111,581 square feet of publicly accessible but privately maintained open space within the Imperial Avalon Specific Plan. The Project is proposed by the “Applicant” which currently (as of the date of Planning Commission Resolution No. 22 -244, as amended by City Council Resolution No. 22 -242) consists of Imperial Avalon, LLC which term shall include the successors and assigns of the Applicant (aka, the “Developer”).
GENERAL CONDITIONS
1. The Applicant shall sign an Affidavit of Acceptance form and submit the document to the Planning Division within 30 days of receipt of the City Council Resolution approving the amendment to the Specific Plan.
2. The adopted Ordinance approving the Specific Plan, including the Conditions of Approval contained herein, and the signed Affidavit of Acceptance, shall be copied in their entirety and placed directly onto a separate plan sheet behind the cover sheet of the development plans prior to Building and Safety plan check submittal. Said copies shall be included in all development plan submittals, including any revisions and the final working drawings.
3. These Conditions of Approval shall be subject to the terms and conditions of the Imperial Avalon Specific Plan, Final Environmental Impact Report (FEIR), Mitigation Monitoring and Reporting Program (MMRP), and Development Agreement (DA). In the event of a conflict between these Conditions of Approval and the Development Agreement the Development Agreement shall control.
4. Prior to recordation of the map, the Applicant shall submit a vesting tentative map that complies with the approvals by the Planning Commission, City Council, these conditions of approval, City of Carson Public Works Department, and the County of Los Angeles. All plans shall be consistent with all project approvals.
5. The Applicant shall comply with all City, county, state, and federal regulations applicable to the Project.
6. The Applicant shall comply with all Mitigation Measures, Project Design Features, and Project Characteristics as described in the Final Environmental Impact Report and MMRP.
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7. City Approvals. All approvals by City with respect to the Project and/or the Conditions of Approval set forth herein, unless otherwise specified, shall be by the department head of the department or agency requiring the applicable condition. All agreements, covenants, easements, deposits and other documents required herein where City isa party shall be in a form approved by the City Attorney. The Applicant shall pay the cost for review and approval of such agreements and deposit necessary funds pursuant to the First Amended and Restated Reimbursement Agreement, between the City, and Faring Capital, LLC, dated June 1, 2022 (as amended or modified from time to time, the “Reimbursement Agreement”).
8. Reimbursement Agreement. A trust deposit account shall be established and maintained pursuant to the Reimbursement Agreement.
9. Indemnification. The Applicant, and its tenant(s), for themselves and their successors in interest (“Indemnitors”), agree to defend, indemnify and hold harmless the City of Carson, its agents, officers and employees, and each of them (“Indemnitees”) as set forth in the DA from and against any and all claims, liabilities, damages, losses, costs, fees, expenses, penalties, errors, omissions, forfeitures, actions, and proceedings(collectively, “Claims”) against Indemnitees with respect to the Project entitlements or approvals that are the subject of these Conditions of Approval, and any Claims against Indemnitees which are in any way related to Indemnitees’ review of or decision upon the Project that is the subject of these Conditions of Approval (including, without limitation, any Claims related to any finding, determination, or claim of exemption made by Indemnitees pursuant to t he requirements of the California Environmental Quality Act or other local or State Agencies, and any Claims against Indemnitees which are in any way related to any damage or harm to people or property, real or personal, arising from Indemnitors’ construct ion or operations of the Project, including site improvements and other associated improvements. or any of the Project entitlements or other approvals that are the subject of Conditions of the Approvals for the Specific Plan, Site Plan and Design Review and Tentative Tract Map. The City will promptly notify Indemnitors of any such claim, action or proceeding against Indemnitees, and, at the option of the City, Indemnitors shall either undertake the defense of the matter or pay Indemnitees associated legal costs or shall advance funds assessed by the City to pay for the defense of the matter by the City Attorney. In the event the City opts for Indemnitors to undertake defense of the matt er, the City will cooperate reasonably in the defense, but retains the right to settle or abandon the matter without Indemnitors’ consent.
Indemnitors shall provide a deposit to the City in the amount of 100% of the City’s estimate, in its sole and absolute discretion, of the cost of litigation / Claims asserted, including the cost of any award of attorneys’ fees, and shall make addi tional deposits as requested by the City to keep the deposit at such level. If Indemnitors fail to provide or maintain the deposit, Indemnitees may abandon the action and Indemnitors shall pay all costs resulting therefrom and Indemnitees shall have no liability to Indemnitors.
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SPECIAL CONDITIONS
10. No demolition or grading permits shall be issued prior to Vesting Tentative Tract Map clearance by City of Carson Building & Safety. Los Angeles County Department of Public Works
11. Avalon Street Improvements. Prior to issuance of any building permits, the developer shall prepare plans and obtain approval from the City for installation of street improvements along their Avalon Boulevard street frontage consistent with the Carson Street Master Plan improvements, the Union Southbay project, and as identified in the DIF Nexus Study prepared by Kelly Associates Management Group and dated March 19, 2019, and approved by the City Council on April 2, 2019, along with all reports, studies, assessments and memorandums referenced within that study (collectively the “DIF Nexus Study”) including parkway and median landscaping, hardscaping, and street furniture including bike racks, streetlights, benches, wayfinding signs, etc. All improvements shall be completed prior to issuance of the occupancy permit for the first apartment building or any townhomes, whichever occurs earlier.
12. Grace Avenue Improvements. Prior to issuance of building permits, the developer shall prepare plans and obtain approval from the City for installation of street improvements along their street frontage improvements for Grace Avenue consistent with the approved plans. All improvements shall be completed prior to issuance of the occupancy permit for the first townhome.
13. Bicycle Lane Improvements. Prior to issuance of building permits, the developer shall prepare plans and obtain approval from the City for installation of bicycle lanes along Avalon Boulevard and 213th Street identified in the DIF Nexus Study and per the City’s Complete Streets Policy and Public Works Designs. All improvements shall be completed prior to issuance of the occupancy permit for the first apartment building or any townhomes, whichever occurs earlier.
14. The Vesting Tentative Tract Map approval shall not be effective until such time the City Council approves the Specific Plan, Development Agreement, General Plan Amendment, and Zone Change and said documents are legally effective.
15. The final Construction Documents shall comply with the provisions and requirements of the Development Agreement, the Specific Plan and final approved Site Plan.
16. The applicant shall ensure that the fugitive dust control program is implemented during construction. The program shall be depicted on the construction drawings/grading plans and the contractor shall be responsible for implementation.
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17. Adequate measures shall be taken to eliminate odors during the grading operations as a result of the site being a former landfill to the satisfaction of the Community Development Director.
18. The Development Agreement Fee and all other fees Fees shall be paid in appropriate times as specified in the Development Agreement and the Conditions of Approval.
BUILDING AND SAFETY DIVISION
19. Submit development plans for the applicable Phase for plan check review and approval prior to issuance of permits for the applicable Phase.
20. Obtain all appropriate permits for the applicable Phase and an approved final inspection for the applicable Phase proposed Project.
ENGINEERING SERVICES DEPARTMENT – CITY OF CARSON
21. Any existing off-site improvements damaged during the construction shall be removed and reconstructed per City of Carson PW Standard Drawings and to the satisfaction of the City Engineer.
26. A construction permit is required for any work to be done in the public right-of-way.
27. The Applicant shall comply with all conditions and requirements recommended or imposed by the County of Los Angeles (Dept. of Public Works) in connection with Vesting Tentative Tract Map and / or the recordation of the Final Tract Map as approved by the City Engineer.
28. The applicable Developer shall submit a copy of approved Grading plans for the applicable Phase on bond paper to the City of Carson – Engineering Division, prior to issuance of grading permits for the applicable Phase.
29. The Developer shall submit an electronic copy of approved plans (such as, Sewer, Street and/or Storm Drain Improvements, whichever applies), to the City of Carson – Engineering Division, prior to issuance of permit by Engineering Division.
30. Proof of Worker’s Compensation and Liability Insurance shall be submitted to the City prior to issuance of permit by Engineering Division.
31. A Construction bond for all work to be done within the public right of way shall be submitted and approved by Engineering Division prior to approval of the Final Map issuance of building permits for the Project. No offsite work shall take place prior to posting the Construction bond.
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32. A Final Map prepared by, or under the direction of, a pre -1982 Registered Civil Engineer or Licensed Land Surveyor must be processed through the City Engineer prior to being filed with the County Recorder.
33. CC&R’s (covenants, conditions, and restrictions) or REAs (reciprocal easement and maintenance agreements) to address drainage responsibilities are required.
34. Private easements will not be granted or recorded within areas proposed to be granted, dedicated, or offered for dedication until after the Final Map is filed with the County Recorder. If easements are granted after the date of tentative map approval, a subordination must be executed by the easement holder prior to the filing of the Final Map.
35. Prior to tentative map approval, quitclaim or relocate any easements interfering with building locations to the satisfaction of the City, appropriate agency or entity.
36. Provide suitable turnaround and label the driveways “Private Driveway and Fire Lane” on the Final Map to the satisfaction of the Fire Department.
37. Prior to tentative map approval, a soils report, sewer area study, drainage concept, hydrology study and stormwater quality plan shall be reviewed and approved. Tentative map approval will not be granted until the required soils, sewer, drainage concept, hydrology study and stormwater information have been received and found satisfactory.
38. Comply with mitigation measures recommended in the approved soils, sewer area study, drainage concept, hydrology study and stormwater quality plan.
39. Prior to tentative map approval, the Developer shall submit a sewer area study to the Los Angeles County Department of Public Works (LACDPW) to determine if capacity is adequate in the sewerage system to be used as the outlet for the sewer of this development.
If the system is found to have insufficient capacity, the problem must be addressed and resolved to the satisfaction of the L.A. County Sewer Department.
40. The Developer shall install separate sewer laterals to individually serve each building in the development. Installation and dedication of main line sewers may be necessary to meet this requirement.
41. The Developer shall submit drainage/grading plans, prepared by a registered Civil Engineer, to Los Angeles County Department of Public Works (LACDPW) City of Carson Building & Safety and obtain approvals to the satisfaction of LACDPW City of Carson Building & Safety.
42. The Developer shall comply with applicable LID requirements (Carson Municipal Code Section 5809) and shall include Best Management Practices necessary to control
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storm water pollution from construction activities and facility operations to the satisfaction of Building and Safety or as otherwise approved by the City Engineer.
43. A water system maintained by the water purveyor, with appurtenant facilities to serve all buildings in the development, must be provided. The system shall include fire hydrants of the type and location as determined by the Fire Department. The watermains shall be sized to accommodate the total domestic and fire flows.
44. The Developer shall send a print of the development map to the County Sanitation District, to request for annexation. The request for annexation for the Townhomes must be approved (and annexation granted) prior to issuance of any certificates of occupancy for the Townhomes. The request for annexation for either of the Apartment buildings must be approved (and annexation granted) prior to Final Map approval issuance of any certificates of occupancy for the respective Apartment Building.
45. A final guarantee will be required at the time of the filing of the Final Map with the County Recorder/County Clerk’s Office.
46. Comply with the City of Carson Green Streets standards.
Prior to Issuance of Building Permit
47. Public Street Improvements Plans along Avalon Boulevard and Grave Avenue shall (be): a) include parkways, sidewalks, wheelchair ramps, bike lanes, landscaped medians, streetlights, etc. b) per The Imperial Avalon Specific Plan. c) per the City of Carson PW Standard Drawings. d) submitted to and reviewed by County of Los Angeles, Department of Public Works for approval recommendations to the City Engineer.
48. Final Map shall be approved and recorded, except as otherwise provided in the Development Agreement (No. 23-19).
49. Drainage/Grading plan for the applicable Phase shall be submitted for approval of the Building and Safety Division. The Developer shall submit a copy of approved Drainage/Grading plans on bond paper to the City of Carson – Engineering Division.
50. The Developer shall submit improvement plans for the applicable Phase to the Engineering Division showing all the required improvements in the public right of way for review and approval of the City Engineer. A copy of approved conditions of approval shall be attached to the plans when submitted.
51. Off-site improvements (e.g., driveways, sidewalk, parkway drains, trees, curb/gutter, etc.) shown on the grading plans for the applicable Phase must provide a concurrent submittal to City of Carson Engineering Division. Off-site improvements may be shown
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on a separate set of street
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improvement plans. Prior to issuance of Grading permit, developer shall obtain clearance from City of Carson Engineering Division.
52. Per CMC §9161.4, the Developer shall provide an in-lieu fee in an amount determined by the City Engineer, per CMC §9161.7 for the applicable Phase, to be sufficient to cover the costs of undergrounding all existing overhead utility lines, including telecommunication lines, 12 Kilovolts. The cash in-lieu payment for the applicable Phase shall be deposited in full amount before issuance of Building Permits for the applicable Phase. At the discretion of the City Engineer, the City may accept an undergrounding cost estimate prepared by Southern California Edison in-lieu of the City’s estimate.
Prior to Certificate of Occupancy
53. The developer shall ensure the signal at the intersection of Avalon Boulevard and the main Project entry is operational, at the developer’s expense, to the satisfaction of the City Engineer.
54. The Applicant shall comply with all requirements from L.A. County Sewer Maintenance Division for Maintenance of new and/or existing sewer main, relating to this development, prior to release of all improvement bonds.
55. The Applicant for the applicable Phase shall execute and provide to the City Engineer, a written statement from the water purveyor (Calwater ) indicating that the water system will be operated by the purveyor and that under normal conditions, the system will meet the requirements for the development and that water service will be provided to each building.
56. Comply with mitigation measures required by the water purveyor.
57. The Applicant for the applicable Phase shall construct and guarantee the construction of all required drainage infrastructures in accordance with the requirements and recommendations of the hydrology study, subject to the approval of the City Engineer.
58. The Developer for the applicable Phase shall construct and guarantee the construction of all required drainage infrastructures in accordance with the requirements and recommendations of the hydrology study, subject to the approval of the City Engineer.
59. All new utility lines, servicing the proposed development shall be underground to the satisfaction of the City Engineer.
60. Comply with any additional requirements, if any, as means of mitigating any traffic impacts as identified in the traffic study approved by the City Traffic Engineer.
61. Install a striping and pavement legend per City of Carson PW Standard Drawings.
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62. If needed for the applicable Phase , grant an easement(s) to the City or other appropriate agency or entity to the extent necessary for the construction and maintenance of all infrastructures required pursuant to the project approval and these conditions, and to facilitate ADA-compliant pedestrian and vehicular ingress and egress across driveways or other access po ints connecting the proposed development to the public right -of-way, or otherwise along the public right-of-way on or adjacent to the proposed development, to the satisfaction of the City Engineer and or appropriate agency or entity.
63. The Developer shall annex the area to the L.A. County Lighting Maintenance District, for the purpose of operating and maintaining the streetlights to be installed but only for offsite streetlights in the public right of way. The annexation shall be to the satisfaction of L.A. County and shall be completed prior to the issuance of final Certificates of Occupancy. Additional streetlight installation or upgrade to existing streetlights may be required as part of the annexation.
64. Relocate existing conflicting street light poles to the satisfaction of L.A. County Traffic and Lighting Division, the City of the City Engineer and/or appropriate agency or entity.
PUBLIC WORKS – WATER QUALITY
Prior to Issuance of Building Permit
65. Prior to the issuance of Building Permit the proposed development is subject to the following:
a) Per City of Carson ordinance 5809 developer Developer for the applicable Phase shall comply with all applicable Low Impact Development (LID) requirements and shall include Best Management Practices necessary to control storm water pollution from construction activities and facility operations to the satisfaction of the City Engineer. b) Developer shall apply for a Construction Activities Stormwater General Permit from the State Water Resources Control Board.
c) Developer shall provide a copy of an approved SWPPP stamped by the City and/or the Los Angeles County Building and Safety Division along with WDID number. d) Developer shall provide contact information of the Qualified Storm Water Developer (QSD) and/or Qualified SWPPP (Storm Water Pollution Prevention Plan) Developer (QSP) of the site to Roland Jen via E-mail [email protected] e) Developer shall submit digital copies of the LID/NPDES/Grading Plans, hydrology and Hydraulic analysis concurrently to City of Carson, Engineering Services Department and Building & Safety Division. Deliver copy to Roland Jen via E-mail [email protected]
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f) Developer shall complete, sign and return the Stormwater Planning Program LID Plan Checklist form and return to City of Carson Engineering Services Division.
Prior to Issuance of Certificate of Occupancy
66. Prior to the issuance of Certificate of Occupancy the proposed development is subject to the following:
a) For any structural and/or treatment control device installed. Developer shall record a maintenance covenant pursuant to Section 106.4.3 of the County of Los Angeles Building Code and title 12, Chapter 12.80 of the Los Angeles County Code relating to the control of pollutants carried by storm water runoff. In addition, an exhibit shall be attached to identify the location and maintenance information for any structural and/or treatment control device installed.
b) Developer shall complete and submit digital BMP Reporting Template Spreadsheet to the City Public Works Department.
c) Covenant shall be reviewed and approved by the City Engineer prior to recordation with the Los Angeles County Registers Recorder/County Clerk. d) RECORDATION is the responsibility of the Developer. Provide a copy of the recorded covenant agreement to City Engineer.
e) Inspection will be conducted once a year after all Post Construction Best Management Practices (BMP) are constructed.
f) Developer shall provide an approved Notice of Termination (NOT) by the State Water Resources Control Board.
FIRE DEPARTMENT
67. The proposed development for the Project shall obtain approval and comply with all Los Angeles County Fire Department requirements.
Final Map
68. Submit the Final Map for review and approval prior to recordation. Submittals are to be made at epicla.lacounty.gov.
69. Label the driveway “Private Driveway and Fire Lane” on the Final Map and clearly depict the required Fire Department width as approved at the tentative map review.
70. Prior to building permit issuance for each Phase , verification for compliance with respect to the applicable Phase will be performed during the fire prevention engineering plan check unit architectural plan review.
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LOS ANGELES COUNTY DEPARTMENT PUBLIC WORKS
Drainage
71. Comply with the approved hydrology study, or the latest revision, to the satisfaction of City of Carson Building & Safety. Public Works
72. Comply with the City’s water quality requirements.
Geology and Soils
73. The final map must be approved by the City of Carson Building&Safety’s designated geotechnical expert Geotechnical and Materials Engineering Division (GMED) to assure that all geotechnical requirements have been properly depicted.
Grading
74. Submit a grading plan to the City of Carson Building&Safety for approval. Also, acknowledgment and/or approval from all easement holders may be required.
75. Prior to approval of the grading plan, provide approval of the latest hydrology study by to the City of Carson Building & Safety.
76. Prior to approval of the grading plan, the subject grading plan must also be approved by Public Works, Geotechnical and Materials Engineering Division (GMED) or the City’s Geotechnical Engineer.
77. In order to ensure access to the Townhomes from Avalon Blvd through the Apartment lots, the rough grading of the site shall be completed for the entire Property. Notwithstanding the foregoing, the inspection and signoff of individual rough-graded pads for the Townhomes and/or either Apartment lot, respectively, can be obtained for individual rough-graded pads during the rough-grading effort. Prior to approval of the grading plan, provide approval of any permits and/or letter of non - jurisdiction from all State and Federal Agencies as applicable. These agencies may include; the State of California Regional Water Quality Control Board, the State of California Department of Fish and Wildlife, the State of California Department of Conservation, the California Geologic Energy Management, and the Army Corps of Engineers.
Street
78. Dedicate an additional 5 feet of street right of way on Grace Avenue (30’ from the street centerline).
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79. Construct road improvements along the property frontage on Grace Avenue to include standard pavement, base, pavement transition, curb, gutter, and sidewalks. Sidewalks are to be constructed next to the property line. Relocate any affected utilities.
80. Reconstruct the cul-de-sac on Grace Avenue with a minimum radius of 32 feet.
81. Reconstruct the existing driveway on Avalon Boulevard to comply with American with Disabilities Act standards. The shared driveway needs to be reconstructed as two separate driveways. A 1’ minimum clearance is required between the driveways top of “x.”
82. Repair or replace all damaged sidewalk panels.
83. Repair or replace any improvements damaged during construction.
84. Plant street trees along the property frontage on Grace Avenue and Avalon Boulevard and provide a privately maintained irrigation system. Existing trees in dedicated or to be dedicated right of way shall be removed and replaced if not acceptable as street trees.
85. All drainage improvements within public right of way are to be privately maintained.
Execute a covenant for private maintenance of curb/parkway drains, if any.
86. Underground all existing service lines and distribution lines that are less than 50 KV and new utility lines to the satisfaction of Southern California Edison.
87. Prior to any final certificates of occupancy map approval, enter into an agreement with the local-franchised cable TV operator (if an area is served) to permit the installation of cable in a common utility trench or provide documentation that steps to provide cable TV to the proposed subdivision have been initiated.
88. Comply with the City’s road conditions.
89. Comply with the street lighting conditions as stipulated in the enclosed memorandum dated February 1, 2022, from Los Angeles County Public Works, Traffic Safety and Mobility Division (Street Lighting Section), and/or any of the City’s street lighting requirements. Per the memorandum, the County Lighting Districts cannot assume responsibility for streetlights located within gated communities or on roadways designated as a private or private-future street.
Sewer
90. The approved sewer area study for this proposed land division remains valid for two years from the date of approval. After this period, the applicant shall request the City to re- validate the existing approved sewer area study. Any modifications to the approved tentative map may invalidate this sewer area study. If warranted by Public Works or the City, an approved update of the area study shall be required.
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Water
91. The Developer shall comply with the requirements as stipulated in the Will Serve letter from California Water Service.
Subdivision
92. Provide addressing information in Microsoft Excel format to the satisfaction of the City Engineer.
93. Reserve reciprocal easements for drainage, ingress/egress, sewer, water, utilities, right to grade, and maintenance purposes, etc., in documents, over the common private driveways.
94. Remove existing buildings prior to final map approval. Demolition permits and final sign-off from the building inspector are required from the local Building and Safety office.
95. A final guarantee will be required at the time of the filing of the final map with the Registrar-Recorder/County Clerk’s office.
96. Within 30 days of the approval date of this land use entitlement or at the time of the first plan check submittal, the applicant shall deposit the sum of $5,000 with Los Angeles County Public Works to defray the cost of verifying conditions of approval for the purpose of issuing final map clearances.
Street Light Requirements
97. The project area installation of new street lights in the public right of way will be required to annexation into be annexed to the County Lighting Maintenance District serving the City of Carson. Therefore, submit a street lighting plan showing existing offsite streetlights in the right of way for the annexation process prior to issuance of any certificates of occupancy.
98. Upon submittal of street lighting plans(s) (offsites subdivision only), the applicant shall comply with conditions of annexation in order for the light districts to pay for the future operation and maintenance of the streetlights. The annexation and the levy of assessment require the approval of the Board of Supervisors prior to Public Work s approving street lighting plans. It is the sole responsibility of the owner/developer of the project to have all street lighting plans approved prior to the map recordation the issuance of any certificates of occupancy. The required street lighting improvements shall be the sole responsibility of the owner/developer of the project and the installation must be accepted per approved plans. If phasing of the project is approved, the required street lighting improvements shall be the sole responsibility of the owner/developer of the project and will be made a condition of approval to be in place for each phase.
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Conditions of Annexation for County Lighting Maintenance District
99. Provide business/property owners name, mailing address, site address, Accessor Parcel Number, and Parcel Boundaries in Auto CADD format to be developed to Street Lighting Section for any new street lights in the public right of way prior to issuance of any certificates of occupancy.
100. Submit map of the proposed project including any roadways condition for streetlights to Street Lighting Section for any new street lights in the public right of way prior to issuance of any certificates of occupancy . Contact Street Lighting Section for map requirements and/or questions at (626) 300-4726.
Conditions of Acceptance for Street Light Transfer of Billing 101. The area Prior to issuance of any certificate of occupancy for the applicable Phase, any new offsite street lights must be annexed into the lighting district and all streetlight s in the project, or the approved phase of the project, must be constructed according to City Public Works approved plans. The contractor shall submit one complete set of “as -built” plans. The lighting district can assume the responsibility for the operation and maintenance of the offsite streetlights by July 1st of any given year, proved the above conditions are met, all streetlights in the project, or approved project phase, have been constructed per City Public Works approved plan and energized and the own er/developer has requested a transfer of billing for offsite street lights at least by January 1st of the previous year. The transfer of billing could be delayed one or more years if the above conditions are not met.
Recycled Water and Purple Pipe Extension
102. The Developer will provide recycled water purple pipe on site and will tie into any future purple pipe infrastructure. Prior to issuance of any Project grading or building permits, Developer shall enter into an agreement with the City and West Basin Municipal Water District to extend the existing purple pipe infrastructure from the intersection of Lenardo Drive and Avalon Boulevard to Avalon Boulevard and Carson Street. If an agreement cannot be reached, Developer will tie into purple pipe infrastructure wh en it becomes available. Intentionally Omitted.
103. Interim Development Impact Fee: In accordance with Article XI (Interim Development Impact Fee Program) of the Carson Municipal Code (“CMC”), the applicant, property owner, and/or successor to whom this project approval is assigned (“Developer”) shall be responsible for payment of one-time interim development impact fees (“IDIF”) for the applicable Phase at the applicable rate detailed below for each unit of residential development constructed for the project. If the project increases or decreases in regards to the number of units constructed, the total IDIF amount will be adjusted accordingly at the applicable rate.
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Per CMC 11504, the IDIF shall be paid prior to the issuance of a certificate of occupancy for the specific Townhome or Apartment building or up to twelve (12) months following the issuance of the building permit for the specific Townhome or Apartment building, whichever occurs first, and the applicable IDIF rate (detailed below) shall be that in effect at the time of such payment, unless the timing or requirements of payment is modified by applicable State Law. No certificate of occupancy shall be issued prior to the full payment of the required IDIF amount, which payment shall be made in one lump sum installment. IDIF amounts/rates are subject to adjustment every July 1st based on State of California Construction Cost Index (Prior March to Current March Adjustment), per CMC Section 11500.
IDIF amounts/rates for residential development have been set at $16,918.01 per unit (1 bedroom or studio) and $21,147.52 (All Other) per unit for Fiscal Year 2025-26, effective July 1, 2025, through June 30, 2026. Affordable Housing Units are exempted from IDIF.
None of the proposed project units are exempt from IDIF. Based on the above - specified rates, the Developer would be responsible for a total payment of IDIF for the proposed project in an amount calculated as follows: (538 units [1 bedroom or studio] X $16,918.01 per unit = $9,101,889.38) + (578 units [All Other] X $21,147.52 per unit = $12,223,266.56) = $21,325,155.94, subject to any applicable fee credits or reimbursements to which Developer might be entitled under Carson Municipal Code Sections 11800-11804.
However, if the IDIF for the project is not paid in 2025-26 fiscal year (i.e., by June 30, 2026), a new IDIF rate/amount will apply for the period of July 1, 2026, through June 30, 2027, based on the IDIF rate for Fiscal Year 2026 -27, and so on for subsequent fiscal year(s). The fee for Fiscal Year 2026-2027 IDIF has not yet been determined.
To understand the requirements in more detail, please visit the City’s IDIF webpage at:
https://ci.carson.ca.us/communitydevelopment/IDIFProgram.aspx and/or contact James Nguyen at [email protected] or 310-952-1700 ext. 1310.
Notice of Imposition of Interim Development Impact Fees; Right to Protest Pursuant to CMC Section 11503, Developer is hereby notified of the IDIF imposed on the project, as described and in the amount stated above. In accordance with Government Code Section 66020, Developer may protest the imposition of the IDIF on the project by complying with the requirements set forth in CMC 11900. Any such protest shall be filed at the time of the approval or conditional approval of a development, as that phrase is defined in CMC 11901(A).
If you have any questions or comments regarding this notice, please contact James
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Nguyen at [email protected] or (310) 952-1700 ext. 1310.
In lieu of the Developer and the Project opting into Citywide Community Facilities District No. 2018-01 (“CFD”) (estimated to have a net present value over the life of this Agreement of approximately fourteen million six hundred fifty-eight thousand three hundred sixty-two dollars ($14,658,362.00) and paying Development Impact Fees pursuant to Ordinance No. 19-1931 (estimated to be approximately thirteen million one hundred twenty-seven thousand fourteen dollars ($13,127,014.00) based on current Project features), Developer shall pay a Development Agreement Fee totaling thirty million fifteen thousand three hundred seventy-six dollars ($30,015,376.00) (the “Development Agreement Fee”) (this includes an additional fee of $2,000 per residential unit multiplied by 1,115 units even if fewer units are constructed (equal to two million two hundred thirty thousand dollars ($2,230,000.00)).
Developer shall have the right to pay the Development Agreement Fee as prescribed below or cause the Development Agreement Fee contributions and payments to be made by a nonprofit entity in accordance with the terms prescribed by this Agreement.
Except as otherwise provided for the Carson Park and Recreation Subsidy and the Initial DA Fee Payment, the amounts prescribed below shall be paid either by the Developer or the nonprofit entity at the City’s direction toward specific programs, projects or uses within the following categories: (i) park, recreational and open space site acquisition, facility development and maintenance, (ii) City infrastructure improvements, maintenance and upgrades, and (iii) community recreational benefits and subsidies. The Development Agreement Fee payments are limited to the amounts and subject to the schedule set forth below:
a) Three hundred thousand dollars ($300,000.00) shall be due upon the Effective Date of the DA and shall be used by City to subsidize Carson residents’ fees and costs associated with park and recreational registration, trophies and jerseys (“Carson Park and Recreation Subsidy”).
b) Five million dollars ($5,000,000.00) shall be due prior to issuance of a grading permit for the Project (“Initial DA Fee Payment”). The City shall have the option to use the Initial DA Fee Payment in whole or in part for low income housing including but not limited to maintenance and upgrades to, and assistance with the preservation of, existing mobilehome parks located throughout the City. c) Five million dollars ($5,000,000.00) shall be due prior to issuance of a building permit for the first Townhome to be constructed within the Project. d) Six million dollars ($6,000,000.00) shall be due prior to issuance of a certificate of occupancy for the first Apartment building to be constructed within the Project, and another six million dollars ($6,000,000.00) shall be due upon issuance of a certificate of occupancy for the second Apartment building to be constructed within the Project..
e) Five million dollars ($5,000,000.00) shall be due within six months following issuance of a certificate of occupancy for the first Apartment building to be constructed within the Project.
f) Two million seven hundred fifteen thousand three hundred and seventy -six dollars ($2,715,376.00) shall be due prior to issuance of a building permit for the 150th Townhome to be constructed within the Project.
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EXHIBIT C TO CITY COUNCIL ORDINANCE NO. 22 -2221 – CONDITIONS OF APPROVAL (SPECIFIC PLAN NO. 21-19)
These “Conditions of Approval” shall govern the Imperial Avalon Specific Plan (“Specific Plan”), located at 21207 Avalon Boulevard in the City of Carson (“Project Site”). The “Project” consists of a mixed use project including 1,115 residential dwelling units, 10,000 square feet of restaurant area, and a 22,859 square foot of publicly accessible but privately maintained open space area within the Imperial Avalon Specific Plan. The Project is proposed by the “Applicant” which currently (as of the date of Planning Commission Resolution No. 22 -244) consists of Imperial Avalon, LLC which term shall include the successors and assigns of the Applicant (aka, the “Developer”).
GENERAL CONDITIONS
1. The Applicant shall sign an Affidavit of Acceptance form and submit the document to the Planning Division within 30 days of receipt of the City Council Resolution approving the Imperial Avalon Specific Plan.
2. The adopted Ordinance approving the Imperial Avalon Specific Plan, including the Conditions of Approval contained herein, and the signed Affidavit of Acceptance, shall be copied in their entirety and placed directly onto a separate plan sheet behind the cover sheet of the development plans prior to Building and Safety plan check submittal. Said copies shall be included in all development plan submittals, including any revisions and the final working drawings.
3. These Conditions of Approval shall be subject to the terms and conditions of the Specific Plan, Final Environmental Impact Report (FEIR), Mitigation Monitoring and Reporting Program (MMRP), and Development Agreement (DA). In the event of a conflict between these Conditions of Approval and the Development Agreement the Development Agreement shall control.
4. The Applicant shall comply with all City, county, state, and federal regulations applicable to the Project.
5. The Applicant shall comply with all Mitigation Measures, Project Design Features, and Project Characteristics as described in the Final Environmental Impact Report and MMRP.
6. The Applicant shall make any necessary site plan and design revisions to the site plan and elevations approved by the Planning Commission or City Council in order to comply with all the Conditions of Approval and applicable Specific Plan provisions.
7. The applicant shall update the Specific Plan document, if deemed necessary by the Community Development Director, consistent with all approvals and revisions approved by the City Council.
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8. City Approvals. All approvals by City, with respect to the Project and/or the Conditions of Approval set forth herein, unless otherwise specified, shall be by the department head of the department or agency requiring the applicable condition. All agreements, covenants, easements, deposits and other documents required herein where City is a party shall be in a form approved by the City Attorney. The Applicant shall pay the cost for review and approval of such agreements and deposit necessary funds pursuant to the January 19, 2021 Reimbursement Agreement.
9. Reimbursement Agreement. A trust deposit account shall be established and maintained pursuant to the Reimbursement Agreement, dated January 19, 2021.
10. Indemnification. The Applicant, and its tenant(s), for themselves and their successors in interest (“Indemnitors”), agree to defend, indemnify and hold harmless the City of Carson, its agents, officers and employees, and each of them (“Indemnitees”) as set forth in the DA from and against any and all claims, liabilities, damages, losses, costs, fees, expenses, penalties, errors, omissions, forfeitures, actions, and proceedings(collectively, “Claims”) against Indemnitees with respect to the Project entitlements or approvals that are the subject of these Conditions of Approval, and any Claims against Indemnitees which are in any way related to Indemnitees’ review of or decision upon the Project that is the subject of these Conditions of Approval (including, without limitation, any Claims related to any finding, determination, or claim of exemption made by Indemnitees pursuant to the requirements of the California Environmental Quality Act or other local or State Agencies, and any Claims against Indemnitees which are in any way related to any damage or harm to people or property, real or personal, arising from Indemnitors’ construction or operations of the Project, including site improvements and other associated improvements. Or any of the Project entitlements or other approvals that are the subject of Conditions of the Approvals for the Specific Plan, Site Plan and Design Review and Tentative Tract Map.
The City will promptly notify Indemnitors of any such claim, action or proceeding against Indemnitees, and, at the option of the City, Indemnitors shall either undertake the defense of the matter or pay Indemnitees associated legal costs or shall advance funds assessed by the City to pay for the defense of the matter by the City Attorney. In the event the City opts for Indemnitors to undertake defense of the matter, the City will cooperate reasonably in the defense, but retains the right to settle or abandon the matter without Indemnitors’ consent. Indemnitors shall provide a deposit to the City in the amount of 100% of the City’s estimate, in its sole and absolute discretion, of the cost of litigation / Claims asserted, including the cost of any award of attorneys’ fees, and shall make additional deposits as requested by the City to keep the deposit at such level. If Indemni tors fail to provide or maintain the deposit, Indemnitees may abandon the action and Indemnitors shall pay all costs resulting therefrom and Indemnitees shall have no liability to Indemnitors.
SPECIAL CONDITIONS
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11. Vehicular Gates. The location and design of all proposed vehicular gates shall be reviewed and approved by the City’s traffic engineer and the Los Angeles County Fire Department.
12. Pedestrian Gates. The location, design and access control methods for all proposed pedestrian gates, including access gates for the pedestrian bridge, shall be reviewed and approved by the Director of Community Development prior to the issuance of any building permit.
CITY OF CARSON 701 East Carson Street
Report to Honorable Mayor and City Council
Tuesday, March 17, 2026, 5:00 PM
DISCUSSION 27. To: Honorable Mayor and City Council From: Arminé Chaparyan, Deputy City Manager CMO Administration Subject: CONSIDER ADOPTING RESOLUTION 26-026 DESIGNATING THE CITY OF CARSON’S EVENTS,PROGRAMS, AND COMMUNITY ACTIVITIES ASSOCIATED WITH THE 2028 OLYMPIC AND PARALYMPICGAMES AS “THE CARSON EXPERIENCE” (CITY COUNCIL) I. SUMMARY
The purpose of this item is to formally establish a unified identity for the City of Carson’s community activities, events, and initiatives associated with the 2028 Olympic and Paralympic Games to be held in the Los Angeles region.
The proposed resolution designates “The Carson Experience” as the official name and branding umbrella for City- sponsored or City-supported events, programs, and activities occurring before, during, and after the 2028 Olympic and Paralympic Games. The designation will provide a cohesive framework for organizing celebrations, cultural programs, youth initiatives, economic development activities, and community engagement opportunities tied to the global sporting event.
By adopting the name “The Carson Experience,” the City seeks to highlight Carson’s identity as a diverse, welcoming, and sports-centered community while creating opportunities to showcase local culture, support businesses, and engage residents in the Olympic spirit. The initiative also reflects the City’s broader vision of positioning Carson as a forward-looking community that is investing in innovation, technology infrastructure, and future-focused economic development.
This designation will allow City departments and community partners to coordinate planning and promotional efforts under a unified brand that celebrates Carson’s role in the regional Olympic celebration and enhances the City’s visibility to visitors from around the world.
II. RECOMMENDATION
TAKE the following actions:
1. WAIVE further reading and ADOPT Resolution No. 26-026, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CARSON, CALIFORNIA, OFFICIALLY DESIGNATING AND NAMING THE CITY OF CARSON’S EVENTS, PROGRAMS, AND COMMUNITY ACTIVITIES ASSOCIATED WITH THE 2028 OLYMPIC AND PARALYMPIC GAMES AS “THE CARSON EXPERIENCE”; and
2. AUTHORIZE the City Manager or designee to coordinate the development, promotion, and implementation of activities under the “Carson Experience” initiative.
III. ALTERNATIVES
TAKE another action the City Council deems appropriate and that is consistent with applicable laws.
IV. BACKGROUND
The Los Angeles region will host the 2028 Summer Olympics and 2028 Summer Paralympics, bringing significant international attention, tourism, and economic activity to Southern California.
The City of Carson is well positioned to participate in and benefit from the regional celebration due to its long- standing connection to athletics and international sporting events. Carson is home to the world-class sports and training facility known as Dignity Health Sports Park, which has hosted numerous international competitions and professional sporting events.
At the same time, the City of Carson is continuing to advance its long-term vision of becoming a center for innovation and economic growth in Southern California, including investments in next-generation technology infrastructure such as the City’s municipally owned fiber network and broader efforts to position Carson as a “Gig City.” These initiatives support the City’s goals of attracting future industries, supporting green and emerging technologies, and creating new economic opportunities for residents and businesses.
Major global events such as the 2028 Games present an opportunity for cities throughout the region to engage residents, promote tourism, and highlight local culture. In preparation for the Olympic and Paralympic Games, many municipalities are establishing themed initiatives and programming to celebrate the event and welcome visitors.
The proposed initiative, “The Carson Experience,” is intended to serve as the City’s official umbrella identity for all Olympic-related community engagement efforts. Under this framework, the City may organize or support activities such as:
Community festivals and cultural celebrations;
Youth sports clinics and themed recreation programs;
Public viewing events and watch parties;
Educational programming highlighting our the history and values of Carson; Business promotions and economic development initiatives; Tourism and visitor engagement activities; and
Volunteer and civic engagement opportunities.
The initiative would encompass activities beginning in the lead-up to the 2028 Games, continuing during the Olympic and Paralympic competitions, and extending afterward to sustain community momentum and economic opportunity.
Adopting an official name for these efforts will help create a recognizable identity for Carson’s programming, strengthen marketing and promotional efforts, and encourage participation from residents, businesses, community organizations, and regional partners.
V. FISCAL IMPACT
Adoption of the proposed resolution itself does not have an immediate fiscal impact.
Activities associated with “The Carson Experience” may be implemented through existing City programs, partnerships with community organizations, sponsorships, and future City Council-approved programming related to the Olympic and Paralympic Games.
Any future events, marketing initiatives, or programming requiring additional funding would be presented to the City Council for consideration through the annual budget process or through separate agenda items as necessary.
The initiative may also provide opportunities to leverage partnerships, sponsorships, tourism promotion, and economic development activities that could generate positive economic benefits for local businesses and the community.
VI. EXHIBITS
1. Resolution 26-026
Attachments
Resolution 26-026
RESOLUTION NO. 26-026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA, OFFICIALLY DESIGNATING AND NAMING THE CITY
OF CARSON’S EVENTS, PROGRAMS, AND COMMUNITY ACTIVITIES
ASSOCIATED WITH THE 2028 OLYMPIC AND PARALYMPIC GAMES
AS “THE CARSON EXPERIENCE.”
WHEREAS, the 2028 Olympic and Paralympic Games will be hosted in the Los Angeles region, bringing global attention, economic opportunity, and cultural exchange to the region; and WHEREAS, the City of Carson is strategically located within Los Angeles County and is home to internationally recognized sports venues, training facilities, and diverse communities that actively support athletic excellence and international engagement; and WHEREAS, the City of Carson is advancing a forward -looking vision to become a “Gig City” through the development of a municipally owned fiber network, positioning Carson as a center for high- speed connectivity, green technology, future industries, and innovation in Southern California, further strengthening the City’s role as a modern hub for economic development, technology, and global engagement; and
WHEREAS, the City of Carson recognizes the opportunity presented by the 2028 Olympic and Paralympic Games to celebrate its residents, culture, youth, businesses, and community organizations through special events, programs, and civic activities; and WHEREAS, the City of Carson desires to establish a unified identity and branding initiative to promote, organize, and celebrate local activities associated with the Olympic and Paralympic period; and
WHEREAS, the name “The Carson Experience” reflects the City’s commitment to hospitality, cultural celebration, community pride, youth engagement, economic vitality, and the welcoming of visitors from around the world; and
WHEREAS, “The Carson Experience” will encompass events, festivals, cultural programs, community celebrations, exhibitions, business promotions, tourism initiatives, youth programs, and civic activities hosted by the City of Carson before, during, and after the 2028 Olympic and Paralympic Games; and
WHEREAS, establishing “The Carson Experience” will allow the City to coordinate municipal departments, community partners, local businesses, and regional stakeholders under a cohesive framework that highlights Carson’s contributions to the global Olympic and Paralympic celebration; and
WHEREAS, the City Council wishes to formally designate this initiative in order to encourage civic participation, strengthen community pride, and position Carson as a welcoming destination for residents, visitors, and international guests.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. The City Council hereby officially designates the collective City of Carson events, programs, activities, and initiatives organized before, during, and after the 2028 Olympic and Paralympic Games as “The Carson Experience.”
SECTION 2. “The Carson Experience” shall serve as the official name and branding umbrella for City -sponsored or City- supported activities related to the Olympic and Paralympic Games, including but not limited to:
• Community celebrations and cultural festivals
• Youth and athletic programs
• Civic engagement initiatives
• Tourism and visitor activities
• Business and economic development promotions
• Educational and cultural exchange events
• Public viewing events and Olympic-themed programming
SECTION 3. The City Manager, or designee, is hereby authorized to coordinate the development, promotion, and implementation of “The Carson Experience,” including collaboration with community organizations, regional partners, local businesses, and other stakeholders.
SECTION 4. City departments shall incorporate the name “The Carson Experience” into marketing materials, programming, and outreach activities related to the Olympic and Paralympic period to present a unified message showcasing the City of Carson.
SECTION 5. Residents, businesses, community groups, and institutions are encouraged to participate in and contribute to “The Carson Experience” in celebration of the Olympic and Paralympic spirit of friendship, excellence, and respect.
PASSED, APPROVED AND ADOPTED this 17th day of March 2026.
_________________________________
Lula Davis-Holmes, Mayor
APPROVED AS TO FORM:
______________________________________
Sunny K. Soltani, City Attorney
ATTEST:
________________________________________
Dr. Khaleah K. Bradshaw, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF CARSON )
I, Khaleah Bradshaw , City Clerk of the City of Carson, do hereby certify that the foregoing Resolution, being Resolution No. 26-026, was passed and approved by the City Council of the City of Carson at its meeting held on March 17, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
Dr. Khaleah K. Bradshaw, City Clerk
CITY OF CARSON 701 East Carson Street
Report to Honorable Mayor and City Council
Tuesday, March 17, 2026, 5:00 PM
DISCUSSION 28. To: Honorable Mayor and City Council From: Nora A. Garcia , Director of Public Safety & Emergency Management PS Administration Subject: CONSIDER INTRODUCTION AND FIRST READING BY TITLE ONLY OF ORDINANCE NO. 26-2605, AMENDING THE CARSON MUNICIPAL CODE RELATING TO SIDEWALK VENDING REGULATIONS,INCLUDING PROHIBITING SIDEWALK VENDING WITHIN 1,000 FEET OF A PLACE OF PUBLIC ASSEMBLAGEAROUND EVENT TIMES AND WITHIN 1,000 FEET OF A SCHOOL AROUND SCHOOL SESSION HOURS (CITYCOUNCIL) I. SUMMARY
On January 1, 2019, Senate Bill (SB) 946 (Safe Sidewalk Vending Act) decriminalized sidewalk vending and authorized cities to adopt objective time, place, and manner regulations directly related to public health, safety, and welfare. On January 22, 2019, the City Council adopted Ordinance No. 18-1828, which repealed and amended certain sections of the Carson Municipal Code (“CMC”) in order to create a comprehensive system of City regulations regarding sidewalk vendors in compliance with SB 946.
The proposed Ordinance amends the Carson Municipal Code (CMC) to prohibit sidewalk vending within 1,000 feet of entrances to places of public assemblage during or within two hours before or after events, and within 1,000 feet of entrances to schools while in session or within one hour before or after the school is in session. The Ordinance also clarifies definitions, removes outdated code references, eliminates internal inconsistencies, and updates administrative enforcement procedures.
The proposed amendments are intended to address, and are directly related to, objective health, safety and welfare concerns, including safety of pedestrian and traffic circulation, avoiding undue pedestrian congestion and obstructions to pedestrian ingress and egress, ensuring emergency personnel access and disability access compliance, and avoiding fire hazards, consistent with SB 946.
II. RECOMMENDATION
INTRODUCE for first reading, by title only and with full reading waived, Ordinance No. 26-2605, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AMENDING: (i) SECTION 1202 OF CHAPTER 2 (PENALTY PROVISIONS) OF ARTICLE I (GENERAL PROVISIONS), (ii) SECTIONS 31001 (DEFINITIONS) AND 31002 (SIDEWALK VENDING OPERATIONAL REQUIREMENTS) OF CHAPTER 10 (SIDEWALK VENDING) OF ARTICLE 3 (PUBLIC SAFETY); (iii) SECTIONS 4118 (STREET VENDORS NEAR SCHOOLS), 4118.1 (PEDDLING FROM VEHICLES IN PARKS), 4118.2 (SELLING ICE CREAM AND CERTAIN FOOD PRODUCTS FROM VEHICLES IN PUBLIC STREETS), AND 4118.4 (VENDING OF MERCHANDISE ON PUBLIC PROPERTY, STADIUMS, ATHLETIC FIELDS, COMMUNITY CENTERS OR ABANDONED PROPERTY – EXCLUSIONS) OF CHAPTER 1 (PROHIBITED CONDUCT – OFFENSES) OF ARTICLE IV (PUBLIC PEACE); AND (iv) SUBSECTION (E) OF SECTION 63142 (MOBILE FOOD VENDORS) OF CHAPTER 3 (BUSINESS,
PROFESSIONS, AND TRADES) OF ARTICLE VI (TAXES AND LICENSES) OF THE CARSON MUNICIPAL
CODE, TO PROHIBIT SIDEWALK VENDORS IN PUBLIC PLACES OF ASSEMBLAGE (AS DEFINED) DURING
AND IMMEDIATELY BEFORE AND AFTER LARGE EVENTS, AND TO ELIMINATE INTERNAL INCONSISTENCY WITHIN THE CARSON MUNICIPAL CODE WITH RESPECT TO REGULATION OF SIDEWALK VENDORS." III. ALTERNATIVES
TAKE another action the City Council deems appropriate and that is consistent with applicable laws.
IV. BACKGROUND
Senate Bill 946, known as the Safe Sidewalk Vending Act, became effective on January 1, 2019, and established a statewide framework governing sidewalk vending. The legislation decriminalized sidewalk vending and prohibited local agencies from imposing criminal penalties for violations of sidewalk vending regulations. Instead, enforcement must occur through administrative citations. SB 946 authorizes cities to adopt objective time, place, and manner regulations that are directly related to health, safety, or welfare concerns.
In response to SB 946, the City Council adopted Ordinance No. 18-1828 in January 2019 to establish regulations governing sidewalk vendors within the City of Carson consistent with SB 946. Under that ordinance, sidewalk vendors are required to obtain a permit and comply with certain operational and other restrictions. However, there are no specific restrictions against sidewalk vending around event venues and schools at times where operations could pose risks to public health and safety due to the potential for crowds and/or a high volume of circulation and congestion. Additionally, the 2018 ordinance left certain internal inconsistencies within the Carson Municipal Code (CMC), including outdated cross-references to repealed CMC Section 4126 and overlapping provisions that may create ambiguity regarding the regulation of sidewalk vendors versus vehicle-based vendors. The proposed amendments remove outdated references and clarify the applicability of various code sections to ensure consistency and clarity within the CMC.
The City is home to multiple venues and facilities that are capable of hosting large-scale public events, including stadiums, athletic facilities, event centers, and City parks. Events at these venues can draw significant crowds and result in increased pedestrian and vehicular congestion in the surrounding public rights-of-way. Similarly, schools within the City experience concentrated pedestrian and traffic activity during arrival, dismissal, and break periods.
In these high density environments, sidewalk vending activity may impede ingress and egress, restrict disability access, obstruct emergency vehicle routes and personnel, and create potential traffic and pedestrian safety hazards.
To address these concerns, the proposed ordinance prohibits sidewalk vending within 1,000 feet of entrances to "places of public assemblage" during and within two hours before and after "events." "Place of public assemblage" is defined for this purpose to mean an event venue that has a capacity to host events of eight hundred (800) or more persons, including a stadium, arena, athletic field, court, or track, park, community center, or other event venue that has such capacity, excluding any private residence. “Place of public assemblage” is defined to include, without limitation, the Dignity Health Sports Park soccer stadium, the Dignity Health Sports Park tennis stadium, the Dignity Health Sports Park velodrome, the Carson Event Center, and any City park that has a capacity to host events of eight hundred (800) or more persons as determined by the City Manager. "Event" is defined to exclude any private gathering that is open neither to the ticketed public nor to the public generally and that does not exceed 500 persons.
Also to address these concerns, the proposed ordinance also prohibits sidewalk vending within 1,000 feet of school entrances while school is in session or within one hour before or after school is in session.
These regulations are intended to address, and are directly related to, objective health, safety, and welfare concerns consistent with SB 946, as discussed above and in the proposed ordinance.
The proposed ordinance retains and does not amend the current penalty provisions established under Ordinance No. 18-1828 for sidewalk vending violations, which are codified in CMC 31003. These provisions include imposing limited administrative fines in the maximum amounts allowed by state law and rescinding permits for repeat violations to the extent allowed by state law. The penalty provisions do not include criminal penalties, consistent with State law.
V. FISCAL IMPACT
There will be no fiscal impact to the FY 25-26 Operating Budget.
VI. EXHIBITS
1. Ordinance 26-2605
Attachments
1. Ordinance No. 26-2605
01007.0001 984451.5
ORDINANCE NO. 26-2605
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AMENDING: (i) SECTION 1202 OF CHAPTER 2
(PENALTY PROVISIONS) OF ARTICLE I (GENERAL PROVISIONS), (ii) SECTIONS 31 001 (DEFINITIONS) AND 31 002 (SIDEWALK VENDING OPERATIONAL REQUIREMENTS) OF CHAPTER 10 (SIDEWALK
VENDING) OF ARTICLE 3 (PUBLIC SAFETY) ; (ii i) SECTIONS 4118 (STREET VENDORS NEAR SCHOOLS), 4118.1 (PEDDLING FROM
VEHICLES IN PARKS), 4118.2 (SELLING ICE CREAM AND CERTAIN
FOOD PRODUCTS FROM VEHICLES IN PUBLIC STREETS), AND
4118.4 (VENDIN G OF MERCHANDISE ON PUBLIC PROPERTY,
STADIUMS, ATHLETIC FIELDS, COMMUNITY CENTERS OR
ABANDONED PROPERTY – EXCLUSIONS) OF CHAPTER 1
(PROHIBITED CONDUCT – OFFENSES) OF ARTICLE IV (PUBLIC
PEACE); AND (iv) SUBSECTION (E) OF SECTION 63142 (MOBILE FOOD VENDORS) OF CHAPTER 3 (BUSINESS, PROFESSIONS, AND TRADES)
OF ARTICLE VI (TAXES AND LICENSES) OF THE CARSON
MUNICIPAL CODE, TO PROHIBIT SIDEWALK VENDORS IN PUBLIC
PLACES OF ASSEMBLAGE (AS DEFINED) DURING AND
IMMEDIATELY BEFORE AND AFTER LARGE EVENTS , AND TO
ELIMINATE INTERNAL INCONSISTENCY WITHIN THE CARSON
MUNICIPAL CODE WITH RESPECT TO REGULATION OF SIDEWALK
VENDORS
WHEREAS, on January 22, 2019, the City Council adopted Ordinance No. 18- 1828, which repealed and amended certain sections of the Carson Municipal Code (“CMC”) in order to create a comprehensive system of City regulations regarding sidewalk vendors in compliance with then-new state law enacted effective January 1, 2019, pursuant to Senate Bill 946 and codified as Government Code Sections 51036 - 51039 (“SB 946”); and
WHEREAS, the City Council’s adoption of Ordinance No. 18-1828 effected the repeal of former CMC Section 4126. However, CMC Sections 1202 and 63142, which remain in effect currently, make reference to CMC Section 4126. T hese references to Section 4126 were inadvertently left unaddressed by Ordinance No. 18-1828, notwithstanding that it provided for the repeal of Section 4126, and the Council now sees fit to remove them; and
WHEREAS, subject to specified exceptions, (i) CMC Section 4118 provides that street vending is generally prohibited within 1,500 feet of schools when in session, (ii) CMC Section 4118.1 provides that peddling or vending from vehicles in City parks is generally prohibited, and (iii) CMC Section 4118.2 provides that peddling or vending from vehicles of ice cream and certain other food products is generally prohibited in public streets; and
01007.0001 984451.5
WHEREAS, CMC Section 4118.3 provides that the following activities are prohibited: (i) the vending of merchandise from a nonmotorized vehicle on public property; (ii) the display or storage of merchandise for sale on public property; and (iii) the vending of any goods for sale at any stadium, athletic field or community center, or on any property containing any vacant building, without prior approval and consent of the City’s Building & Safety Division; and (iv) the vending of any goods for sale on any property containing an occupied building unless such sale is specifically permitted pursuant to the CMC; and
WHEREAS, CMC Sections 4118-4118.3 may conflict with SB 946 and Ordinance No. 18-1828 to the extent these sections apply to “sidewalk vendors,” which is defined in SB 946 and Ordinance No. 18-1828 as persons who sell food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non- motorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path, or other public area in the City (“Sidewalk Vendors”). These sections were inadvertently left unaddressed by Ordinance No. 18-1828, and the City Council now desires to amend these sections (or in the case of CMC Section 4118.3, to amend CMC Section 4118.4, which provides exemptions from applicability of CMC Section 4118.3) to ensure consistency and clarity of the City’s regulations pertaining to “sidewalk vendors”; and
WHEREAS, certain City public rights -of-way are located next to venues where large crowds of people assemble for events, creating significant demand for limited public sidewalk and walkway space on event days, including, but not limited to, sidewalks located next to red curbs for emergency vehicles, pedestrians entering and exiting buildings or exterior facilities, bus stops, and passenger vehicles dropping off and picking up passengers. Sidewalk vending on any such public sidewalk or walkway creates public health and safety concerns by impeding ingress and egress to and from the event, obstructing use of such walkways for their intended purposes by persons with disabilities and other members of the public, whether attending the event or not , and interfering with the operations and activities of law enforcement and emergency services personnel on the walkways and in associated nearby areas, thereby posing risks to public health and safety including an increased likelihood of traffic collisions, trip and fall accidents, trampling occurrences, inability of emergency medical aid to be provided promptly to those in need, fire hazards, and other related concerns. Such venues can include City parks, as the City often hosts large events in its parks where the same concerns apply . Similar concerns also apply with respect to schools when in session, as they often involve rushes of pedestrian and vehicular traffic at pickup, drop -off and break times; and
WHEREAS, to address these public health and safety concerns, the City Council now sees fit and intends to modify the City’s sidewalk vendor regulations to prohibit street vending on public sidewalks and walkways in and near the entrances and exits to and from such event venues during and immediately before and after events occurring at such venues, and at schools while in session and immediately before and after same; and
01007.0001 984451.5
WHEREAS, the City Council finds that the requirements and restrictions of this Ordinance regulate the time, place and manner of sidewalk vending and are directly related to objective health, safety or welfare concerns, consistent with SB 946; and
WHEREAS, nothing in this ordinance or the CMC regulations regarding sidewalk vendors shall be construed to prohibit the prosecution of sidewalk vendors who fail to comply with other provisions of law not preempted by SB 946, including but not limited to trespassing, failing to pay taxes, selling counterfeit merchandise, selling food in violation of the California Health & Safety Code, and operating from a sidewalk located within 500 feet of a freeway ramp in violation of the California Vehicle Code.
NOW, THEREFORE , THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The forgoing recitals are true and correct and are incorporated herein by this reference.
SECTION 2. Section 1202 (Seizure of Personal Property Used in Certain Violation of This Code) of Chapter 2 ( Penalty Provisions ) of Article I (General Provisions ) of the Carson Municipal Code, excluding any subsections, is hereby amended to read in its entirety as follows (deleted text shown in strikethrough):
“1202 Seizure of Personal Property Used in Certain Violations of This Code
An arresting officer, in connection with making an arrest, or a City of Carson Code Enforcement Officer, in connection with issuing a citation to any person for violation of CMC 4118, 4118.1, 4118.2, 4125, 4126 or 4147, may seize and take into possession personal property not to exceed $1,000 in value in the possession or control of such person and used or involved in the commission of the violation for which the arrest is made or citation issued, if the act or conduct for which such arrest is made or citation is issued has caused, or resulted in, or is causing or resulting in, or is in the immediate proximity of any vehicular or pedestrian traffic congestion, an automobile accident or other emergency situation, a parade, demonstration, or public or other event attended by an assembly or gathering of a large number of persons, or in the event of imminent danger to the person with respect to whom the citation is issued or arrest is made. (a) The officer or Code Enforcement Officer seizing personal property pursuant to the provisions of this Section shall issue a receipt therefor to the person from whose possession or control such property is taken and cause such property to be stored in the control of the City for safekeeping. Said receipt shall contain a notice stating in substance that the person claiming ownership of said property may file a written claim therefor with the Director of Public Safety of the City of Carson, at the City Hall within ten (10) days after date of such seizure, and that in the absence of receipt of such a claim within said time said personal property shall escheat to and become the property of the City of Carson and may be disposed of by the City without further notice. One (1) copy of said receipt and notice shall be attached to the copy of the complaint or citation filed with the court. Such claim shall set forth the name, address and fact of ownership of such property. 01007.0001 984451.5
(b) If a written claim is filed with the Director of Public Safety in accordance with the requirements of subsection (a), a hearing shall be held by the Director of Public Safety or his designee within ten (10) days after such claim is filed. If the ownership of such property is established by credible evidence as determined by the hearing officer, the property shall be released to the owner thereof. If the hearing officer shall find that the ownership of such property has not been so established, the hearing officer shall deny the claim. The claimant may file a written appeal from such denial with the City Administrator of the City. The City Administrator or his designee shall conduct a hearing or such appeal within seven (7) days after the filing of such appeal.
(c) The City may impose a reasonable storage fee to cover the cost of storing personal property seized pursuant to this Section. The release of said property shall be conditioned upon full payment of the applicable fee.
(d) The City is not liable for the deterioration or depreciation of seized personal property while in the City’s custody.”
SECTION 3. Section 31001 (Definitions) of Chapter 10 (Sidewalk Vending) of Article 3 (Public Safety) of the Carson Municipal Code is hereby amended to read in its entirety as follows (added text shown in bold italics):
“31001 Definitions.
As used in this Chapter:
(a) “Operate,” when used in reference to a sidewalk vendor, means to vend. (b) “Place of public assemblage” means an event venue that has a capacity to host events of eight hundred (800) or more persons, including a stadium, arena, athletic field, court, or track, park, community center, or other event venue that has such capacity, excluding any private residence. “Place of public assemblage” includes, without limitation, the stadiums that, as of the date of adoption of Ordinance No. 26-2605, are known as the Dignity Health Sports Park soccer stadium, the Dignity Health Sports Park tennis stadium, and the Dignity Health Sports Park velodrome, as well as the Carson Event Center and any City park that has a capacity to host events of eight hundred (800) or more persons as determined by the City Manager or his or her designee.
(c) (b) “Sidewalk vendor” means a person who vends from a pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person (including from a pack or basket carried by the person), upon a public sidewalk, pedestrian path or walkway, or any other public area in the City.
(d) (
c) “Stand” means any pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized conveyance used by a sidewalk vendor for purposes of vending.
01007.0001 984451.5
(e) (d) “Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction. (f) ( e) “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location.
(g) (f)
“Temporary special permit” means any permit issued by the City for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerts.
(h) (g
) “Vend” means to sell, offer for sale, display, barter, exchange, or offer for barter or exchange food, beverages or merchandise.”
SECTION 4. Section 31002 (Sidewalk Vending Operational Requirements) of Chapter 10 (Sidewalk Vending) of Article 3 (Public Safety) of the Carson Municipal Code is hereby amended to read in its entirety as follows (added text shown in bold italics):
“31002 Sidewalk Vending Operational Requirements.
(a) No sidewalk vendor shall operate without first obtaining and maintaining a valid City business license and a sidewalk vendor’s permit issued pursuant to Chapter 3 of Article VI. Application for the business license shall be made by submitting the information required pursuant to CMC 6336. Application for the sidewalk vendor’s permit shall be made by submitting the information required pursuant to CMC 63143(b).
(b) Each sidewalk vendor shall display the required sidewalk vendor’s permit in a conspicuous location on the sidewalk vendor’s person or stand at all times while the sidewalk vendor is operating.
(c) Operating Restrictions. It shall be unlawful and a violation of this Chapter for any sidewalk vendor to:
(1) Operate outside the hours authorized in the required sidewalk vendor’s permit, which hours shall not exceed: (a) in residential zones, 8:00 a.m. to 8:00 p.m.; and (b) in nonresidential zones, the hours established pursuant to any City- imposed operating hours limitation applicable to all other businesses or uses on the street on which the sidewalk vendor is operating;
(2) Operate as a stationary sidewalk vendor at any time in any residential zone; (3) Leave unattended any stand at any time while operating, or store, park or leave unattended any stand at any time outside of operating hours on any public sidewalk, pedestrian walkway, or other public place;
01007.0001 984451.5
(4) Sell food without first obtaining and thereafter maintaining the required permit issued by the Los Angeles County Department of Public Health or any other permit or license required pursuant to Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code; (5) Sell food for immediate consumption unless there is a litter receptacle available for patrons’ use;
(6) Leave any location without first disposing of all trash or refuse generated by operating in such location;
(7) Allow any items used in connection with the operation to be placed or stored anywhere other than in, on, or under the stand, or on the person of the sidewalk vendor;
(8) Operate from a stand other than the stand authorized pursuant to the sidewalk vendor’s permit;
(9) Set up, maintain, or permit the use of any additional table, crate, carton, rack, or any other device to increase the selling or displaying capacity of a stand without having obtained express authorization to do so pursuant to the required sidewalk vendor’s permit;
(10) Solicit or conduct business with any person in a motorized vehicle; (11) Sell anything other than the specific food, beverages or merchandise authorized to be sold as part of the operation pursuant to the required sidewalk vendor’s permit;
(12) Create any unnecessary noise in violation of CMC 4101, including but not limited to CMC 4101(g), except that such conduct, when engaged in by a sidewalk vendor while operating, shall be punishable only by the administrative fines established pursuant to this chapter;
(13) Operate within: (a) fifty (50) feet of any fire hydrant; (b) twenty- five (25) feet of any transit stop; (c) twenty -five (25) feet of any building entrance; (d) fifteen (15) feet of the outer edge of any driveway or vehicular entrance to public or priv ate property; or (e) within five (5) feet of any other sidewalk vendor on any public sidewalk, pedestrian path or walkway or other area intended for ingress or egress;
(14) Operate on any public sidewalk or pedestrian path or walkway in a manner that does not maintain four (4) feet in width of clear space on the sidewalk, path or walkway;
(15) Operate on a public sidewalk, pedestrian path or walkway in, or within one thousand (1,000) feet of any entrance of, a place of public assemblage during or within two hours before or after any event held at the place of public 01007.0001 984451.5
assemblage. For purposes of this paragraph: (i) “event” excludes any private gathering that is open neither to the ticketed public nor to the public generally and that does not exceed 500 persons; and (ii) “entrance” means and includes any building entrance or exit and any entrance or exit to or from exterior premises, such as through outer fences or gates or into outer parking lots or driveways on the property or site of the place of public assemblage. (16) Operate on a public sidewalk or pedestrian path or walkway within one thousand (1,000) feet of any entrance of a school when in session or within one hour before or after the school being in session. For purposes of this paragraph, “entrance” shall mean and include any building entrance or exit and any entrance or exit to or from exterior premises, such as through outer fences or gates or into outer parking lots or driveways on the property or site of the school.
(17) (15) Operate in any public street (i.e., in the street itself and not on the sidewalk), or on any median;
(18 ) (16) Operate as a stationary sidewalk vendor in any park owned or operated by the City, where the City or other park operator has an agreement in place with a concessionaire that exclusively permits the sale of food or merchandise by the concessionaire, during the hours the concessionaire is open in the park; (19
) (17) Operate as a stationary sidewalk vendor within any area of a City park that is within fifty (50) feet of an abutting residential dwelling; (20
) (18) Operate within a parking lot, except as expressly authorized pursuant to the required sidewalk vendor’s permit based on a finding that such operation will not obstruct vehicular ingress, egress, or parking, or adversely affect public health or safety;
(21
) (19) Operate within five hundred (500) feet of a certified farmers’ market or a permitted swap meet during the operating hours of that certified farmers’ market or swap meet;
(22
) (20) Operate within five hundred (500) feet of an area designated for a temporary special permit issued by the City during the duration of the permit; provided, that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the temporary special permit are also provided to the sidewalk vendor, if such vendor is specifically permitted to operate in the area pursuant to a sidewalk vendor’s permit; (23
) (21) Operate in any area or manner that would obstruct or interfere with disability access standards or accessibility to any facility or area that is provided pursuant to requirements of or in compliance with the Americans with Disabilities Act of 1990;
01007.0001 984451.5
(24) (22) Operate without general liability insurance meeting the minimum policy limits and other criteria established by the City Manager or designee; (25 ) (23) Operate in violation of any applicable law or regulation.”
SECTION 5. Section 4118 (Street Vendors Near Schools) of Chapter 1 (Prohibited Conduct – Offenses) of Article IV (Public Peace) of the Carson Municipal Code is hereby amended to read in its entirety as follows (added text shown in bold italics):
“4118 Street Vendors Near Schools.
No person shall sell any product other than written materials or other products protected by the First Amendment of the United States Constitution on any public street, sidewalk, parkway, way, alley, or highway within one thousand five hundred (1,500) feet of the boundaries of any public or private elementary or secondary school between the hours of 6:30 a.m. and 5:30 p.m. on any day when such school is in session. This Section does not apply to sidewalk vendors as defined in CMC 31001,
which are subject to regulation in accordance with CMC Article III, Chapter
10.”
SECTION 6. Section 4118.1 (Peddling from Vehicles in Parks) of Chapter 1 (Prohibited Conduct – Offenses) of Article IV (Public Peace) of the Carson Municipal Code is hereby amended to read in its entirety as follows (added text shown in bold italics):
“4118.1 Peddling from Vehicles in Parks.
No person shall peddle, hawk, sell or vend any food product or service from a vehicle within any City park at any time, unless it is in conjunction with a City event or City-associated event and that person and/or business has been specifically licensed and permitted by the City to do so. This Section does not apply to sidewalk vendors as defined in CMC 31001, which are subject to regulation in accordance with CMC Article III, Chapter 10.”
SECTION 7. Section 4118.2 ( Selling Ice Cream and Certain Food Products from Vehicles in Public Streets ) of Chapter 1 (Prohibited Conduct – Offenses) of Article IV (Public Peace) of the Carson Municipal Code is hereby amended to read in its entirety as follows (added text shown in bold italics):
“4118.2 Selling Ice Cream and Certain Food Products from Vehicles in Public Streets.
No person shall peddle, hawk, sell, vend or offer for sale ice cream; ice cream bars, cones or rolls; sherbet; sherbet bars, cones or rolls; iced fruit juice (natural or artificial) bars, cones or rolls; the food product commonly known as “cotton candy” or other spun sugar type confections; candy; carbonated drinks; or other similar food substances, products or beverages packaged or otherwise prepared or designed for an individual person’s consumption from a vehicle stopped or parked on any 01007.0001 984451.5
public street, way or alley within a residential zone or a park within the City of Carson, unless it is in conjunction with a City event or City- associated event and that person and/or business has been specifically licensed and permitted by the City to do so. This Section does not prohibit street vending of other products from vehicles in residential districts. This Section does not apply to sidewalk vendors as defined in CMC 31001, which are subject to regulation in accordance with CMC Article III, Chapter 10.”
SECTION 8. Section 4118.4 (Vending of Merchandise on Public Property, Stadiums, Athletic Fields, Community Centers or Abandoned Property – Exclusions ) of Chapter 1 (Prohibited Conduct – Offenses) of Article IV (Public Peace) of the Carson Municipal Code is hereby amended to read in its entirety as follows (added text shown in bold italics):
“4118.4 Vending of Merchandise on Public Property, Stadiums, Athletic Fields, Community Centers or Abandoned Property – Exclusions.
The provisions of CMC 4118.3 shall not apply to:
(1) Any person delivering any goods where such goods have been ordered in advance for such delivery from any business located at a permanent location and which goods are being delivered from such location to the customer regardless of the point of sale thereof; or
(2) Any charitable or religious solicitation which meets all requirements of CMC 6339; or
(3) Any person selling or offering to sell any merchandise upon public property if such sale is pursuant to agreement with the City or the prior written consent of the City has otherwise first been obtained;
(4) Any person selling or offering to sell any agricultural items upon public property if such sale is within a designated Certified Farmers’ Market pursuant to an agreement with the City or the prior written consent of the City has otherwise first been obtained.; or
(5) Sidewalk vendors as defined in CMC 31001, which are subject to regulation in accordance with CMC Article III, Chapter 10.”
SECTION 9. Subdivision (E) of Section 63142 (Mobile Food Vendors) of Chapter 3 (Business, Professions, and Trades) of Article VI (Taxes and Licenses), of the Carson Municipal Code is hereby amended to read in its entirety as follows ( deleted text shown in strikethrough, added text shown in bold italics):
“(E) Compliance with State and Local Laws.
1. Mobile food vendors shall comply with all applicable State and local laws. 01007.0001 984451.5
2. This Section is not intended to apply to or be enforced against sidewalk vendors as defined in CMC 31001, which are subject to regulation in accordance with CMC Article III, Chapter 10 pedestrian food vendors or against food vendors who operate human-powered push carts and other self- propelled vehicles on private property. Pursuant to CMC 4126, pedestrian food vendors or any vendors who operate human- powered push carts and other self -propelled vehicles are not allowed in or on any public street, sidewalk, or park in the City of Carson.”
SECTION 10. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person or circumstances , is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this Ordinance are declared to be severable. The City Council hereby declares that it would have adopted this O rdinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.
SECTION 11. This O rdinance shall be in full force and effect thirty (30) days after its adoption.
SECTION 12. The City Clerk shall certify to the adoption of this Ordinance, and shall cause the same to be published and codified in the manner required by law.
[signatures on the following page]
01007.0001 984451.5
PASSED, APPROVED and ADOPTED at a regular meeting of the City Council on this _________ day of ___________, 2026.
Lula Davis-Holmes, Mayor
ATTEST:
______________________________________
Khaleah K. Bradshaw, City Clerk
APPROVED AS TO FORM:
____________________________________
Sunny K. Soltani, City Attorney
CITY OF CARSON 701 East Carson Street
Report to Honorable Mayor and City Council
Tuesday, March 17, 2026, 5:00 PM
DISCUSSION 29. To: Honorable Mayor and City Council From: William Jefferson, Director of Finance FIN Business License Revenue Subject: CONSIDER A REPORT OF ALL NEW BUSINESS LICENSES ISSUED BY THE CITY OF CARSONFOR THE PERIOD FEBRUARY 1, 2026, THROUGH FEBRUARY 28, 2026 (CITY COUNCIL) I. SUMMARY
The City Manager is presenting to the City Council a list of all new business licenses issued by the City of Carson for the period February 1, 2026 through February 28, 2026.
II. RECOMMENDATION
1. DISCUSS the Report.
III. ALTERNATIVES
TAKE another action as deemed appropriate by the City Council, consistent with the requirements of the law.
IV. BACKGROUND
For the period of February 1, 2026 through February 28, 2026 the City of Carson has issued business licenses on new businesses. The City Manager requests, once per month, present to the City Council a list of all new licensed businesses in the City.
Attached as Exhibit 1 is the City Manager's report of new businesses issued business licenses between February 1, 2026 through February 28, 2026.
V. FISCAL IMPACT
None.
VI. EXHIBITS
1. Business License Report - February 2026
Attachments
Business License Report February 2026.pdf
Business Name Address DBA BL - Business Type Business License Type GAD Art and Fabrication Inc
19203 FIGUEROA ST
Carson, CA 90248 METAL PRODUCTS - 654 BL - GENERAL LICENSE Mustard Seed Community Church
1123 E DOMINGUEZ ST Unit: K & L
Carson, CA 90746 Mustard Seed Community Church TAX EXEMPT, NON-PROFIT - 3900C BL - GENERAL LICENSE Local Foundation Solutions Specialists LLC
408 E CLARION DR
CARSON, CA, 90745 CONTRACTORS/BLDRS - GENERAL - 65.29A BL - BUSINESS LICENSE She Glam and Glow Studio
21601 S Avalon Blvd A Unit: 123
Carson, CA 90745 Phoenix Salon Suites BEAUTICIAN - 071 BL - BUSINESS LICENSE V&S Motors Inc
17813 MAIN ST Unit: 123
Carson, CA 90248 AUTO REPAIR - 056 BL - GENERAL LICENSE Supreme Dumping Material Inc
1633 E DIMONDALE DR
Carson, CA 90746 WHEELED VEHICLES 0-4 - 6568A BL - BUSINESS LICENSE Ky Dental Professional Corporation
302 E CARSON ST Unit: 100
Carson, CA 90745 Tooth Fairy Dental DENTISTS - 135 BL - GENERAL LICENSE Body Balance Holistics Prof. Acupuncture Corp
23517 MAIN ST Unit: 103
Carson, CA 90745 MEDICAL SERVICES - 251 BL - GENERAL LICENSE Miracle Shoe Investments LLC
334 E 220TH ST
Carson, CA 90745 Miracle Shoe Investments LLC APT/HOTEL/RENTAL - 65.10 BL - BUSINESS LICENSE Aarm electric
938 E LINCOLN ST
CARSON, CA, 90745 CONTRACTORS/BLDRS - SUBCONTRACTOR - 65.29B BL - BUSINESS LICENSE Trio Manufacturing Inc
17006 FIGUEROA ST
Carson, CA 90248 Trio Manufacturing Inc EQUIPMENT MFG/SALES/SRV/PRTS - 155 BL - GENERAL LICENSE Voltbros Electric Inc
19327 REINHART AVE
Carson, CA 90746 The EV Guys CONTRACTORS/BLDRS - SUBCONTRACTOR - 65.29B BL - BUSINESS LICENSE Janerockstar Salon
460 E CARSON PLAZA DR 214
Carson, CA 90746 Janerockstar Salon BEAUTY SALON/SUPPLY - 070 BL - GENERAL LICENSE Personalized Body Blends Company LLC
20620 LEAPWOOD AVE Unit: D
Carson, CA 90746 MEDICAL FACILITIES - 250 BL - GENERAL LICENSE Zepco Molding Inc
1695 E DEL AMO BLVD
Carson, CA 90746 METAL PROCESSING - 653 BL - GENERAL LICENSE Starled Inc
1677 E DEL AMO BLVD
Carson, CA 90746 ELECTRICAL EQPT/SUPPLIES - 600 BL - GENERAL LICENSE Suncraft Roofing LLC
426 W CARSON ST Unit: 8
Carson, CA 90745 ADMINISTRATIVE OFFICE - 023 BL - GENERAL LICENSE Bayside General
19232 GRANDEE AVE
Carson, CA 90746 CONTRACTORS/BLDRS - SUBCONTRACTOR - 65.29B BL - BUSINESS LICENSE CITY OF CARSON 701 East Carson Street
Report to Honorable Mayor and City Council
DISCUSSION 30. To: Honorable Mayor and City Council From: Nathan Freeman, Director of Community and Economic Development CD Planning Subject: CONSIDER CARSON'S 2025 ANNUAL HOUSING ELEMENT PROGRESS REPORT (CITYCOUNCIL) I. SUMMARY
California state Housing law requires all cities with certified Housing Elements to file an Annual Progress Report (APR) with the California Department of Housing and Community Development (HCD) identifying the status of the plan, the progress in the plan’s implementation, and the progress the City has made in meeting its share of the regional housing needs determined by the Southern California Association of Governments’ (SCAG) Regional Housing Needs Assessment (RHNA) (Exhibits 1 and 2).
The Housing Element includes a series of implementing programs that are required to be executed after the adoption of the General Plan. The City is required to provide annual updates to HCD regarding its progress in implementing these programs.
II. RECOMMENDATION
TAKE the following actions:
1. REVIEW Carson’s 2025 Annual Housing Element Progress Report;
2. DISCUSS the Report; and
3. AUTHORIZE the Director of Community and Economic Development to make any further corrections or adjustments as may be necessary to ensure full compliance and to submit the Report to HCD.
III. ALTERNATIVES
TAKE another action the City Council deems appropriate.
IV. BACKGROUND
On October 18, 2022, the 2021-2029 Housing Element was adopted by the City Council. On November 3, 2022, the adopted Housing Element was submitted for final review and certification by HCD. On November 8, 2022, the 2021-2029 Housing Element was conditionally approved by HCD subject to the City completing the necessary changes to address the shortfall of sites to accommodate the RHNA pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021).
On June 25, 2025, the City's 6th Cycle (2021-2029) Housing Element was fully adopted by HCD (Exhibit No. 4).
The 2021-2029 RHNA allocated Carson a housing need of 5,618 units, consisting of 1,770 very-low-income households (0-50% AMI); 913 low-income households (51-80% AMI); 875 moderate-income households (81- 120% AMI); and 2,060 above-moderate-income households (120% AMI) which is a significant increase from the prior cycle’s allocation of 1,698 new units.
The adopted Housing Element sets out to accomplish the following:
1. Maintain and rehabilitate Carson’s existing housing stock.
2. Encourage the development of a variety of housing to meet the needs of the broad spectrum of the community, with a particular emphasis on multifamily housing, and development standards that facilitate housing production.
3. Preserve affordable housing “at risk” of conversion and promote additional affordable housing development.
4. Promote and preserve housing opportunities for persons with special needs, including lower income households, large families, single parent households, disabled persons, the elderly, and persons experiencing homelessness.
5. Provide housing opportunities to all persons regardless of race, religion, ethnicity, ability, sex, age, marital status, household composition, or other arbitrary factors.
6. Conserve natural resources and reduce energy consumption in all areas of residential development.
Housing Element Program Implementation
The adopted Housing Element also contains its goals and policies with the Housing Program implementation outlining seventeen (17) specific actions the City will take to address its housing needs (Exhibit 3).
The APR incorporates Program Implementation to track the City’s progress over the RHNA 2021-2029 Cycle.
RHNA Cycle 6 (2021 through 2029) Units Built
2022
Six (6) building permits were issued in 2022.
Nineteen (19) certificates of occupancy were issued for accessory dwelling units that were constructed. 2023
One hundred fifteen (115) building permits were issued (constructed 68 accessory dwelling units, one residence, and 46 homes within the Carson Landing Condominium development).
Sixty (60) certificates of occupancy were issued (constructed 13 accessory dwelling units and 47 homes within the Carson Landing Condominium development).
2024
Eighty-six (86) units were issued building permits
Sixty-nine (69) Certificates of Occupancy were issued
A total of twenty-one (21) dwelling units were processed administratively (ministerial); and 1,362 dwelling units were processed as discretionary applications.
Twenty-eight (28) residential housing units and four (4) mobile homes were rehabilitated using the City’s Neighborhood Pride Program which is funded by Community Development Block Grant funds. 2025
Forty-five (45) units were issued building permits
Thirty-seven (37) Certificates of Occupancy were issued A total of seventy-four (74) dwelling units were processed administratively (ministerial), and twenty-six (26) dwelling units were processed as discretionary applications.
Five (5) residential housing units were rehabilitated using the City’s Neighborhood Pride program which is funded by Community Development Block Grant funds.
The Annual Progress Report (APR) Status
The APR identifies the total number of units by income level that SCAG allocated for Carson’s 6th Housing Cycle for the period between 2021 and 2029. The total RHNA allocation is 5,618 units.
During the 2022 calendar year, 5,148 was the outstanding units need. The City produced 153 units in 2023, 69 units in 2024 and 37 units during this Cycle. Subsequently, a total of 4,889 outstanding units needs to be produced during the rest of the Cycle.
The State provided 2025 Regional Housing Needs Allocation Annual Element Progress Report (Exhibit No. 1) is not showing the correct housing data from Calendar year 2021 resulting in an inaccurate number of remaining RHNA housing units (5,379) in the Summary. HCD has confirmed they are working on resolving this matter.
Diverse Housing Relevance
It is imperative that the City continue to implement the Housing Element by encouraging and maintaining diverse and affordable housing because noncompliance with the HCD-required affordable housing allocations could result in the loss of the State housing funds.
V. FISCAL IMPACT
None.
VI. EXHIBITS
1. City of Carson - 2025 Regional Housing Needs Allocation Annual Element Progress Report
2. City of Carson - 2025 Housing Element Annual Progress Report Summary
3. Housing Element APR Housing Implementation Programs
4. Housing and Community Development Department letter dated June 25, 2025
Attachments
Exhibit 1 - City of Carson - 2025 Regional Housing Needs Allocation Annual Element Progress Report.pdf Exhibit 2 - City of Carson - 2025 Housing Element Annual Progress Report Summary.pdf Exhibit 3 - Housing Element APR Housing Implementation Programs.pdf Exhibit 4 City of Carson 6th Cycle (2021-2029) Adopted Housing Element and Rezone.pdf Jurisdiction Carson ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2025 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
1 Projection
Period 3 4
RHNA Allocation
by Income Level
Projection
Period -
06/30/2021-
10/14/2021
2021 2022 2023 2024 2025 2026 2027 2028 2029
Total Units
to Date (all
years)
Total Remaining
RHNA by
Income Level
Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Above Moderate 2,060 11 21 6 115 86 45 - - - - 284 1,776 5,618
11 21 6 115 86 45 - - - - 284 5,334 Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
Acutely Low - - *For years prior to 2025, data on deed-restricted vs. non-deed restricted Extremely Low-Income units is approximated from whether the projects reported any deed-restricted Very Low-Income Units. If you wish to edit this historical data for accuracy or have any questions about the data, you may login to HCD's online APR system, or contact HCD staff at [email protected].
Total Units
*For jurisdictions that received RHNA determinations for the current cycle prior to the passage of AB 3093 (September 19, 2024):
- You were not allocated Acutely Low-Income and Extremely Low-Income RHNA targets, therefore the allocations in Field 1 are listed as "0" - If you wish to set your own targets in these income categories for informational purposes, contact HCD staff at [email protected]. - All Acutely Low-Income and Extremely Low-Income units reported during the cycle are counted towards Very-Low Income RHNA progress 875
Total RHNA
-
913 Low
*For years prior to 2025, Acutely Low-Income units are reported within the Extremely Low-Income category Please Note: Table B does not currently contain data from Table F or Table F2 for prior years. You may login to the APR system to see Table B that contains this data.
Extremely Low -
- Moderate
1,770
913
875
-
-
Income Level
Very Low
- -
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
Please contact HCD if your data is different than the material supplied here 2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
1,770
Jurisdiction Carson
Reporting Year 2025
Housing Element Planning Period 6th Cycle
Current Year
Deed
Restricted 0
Non-Deed
Restricted 0
Deed
Restricted 0
Non-Deed
Restricted 0
Deed
Restricted 0
Non-Deed
Restricted 0
Deed
Restricted 0
Non-Deed
Restricted 0
Deed
Restricted 0
Non-Deed
Restricted 0
45 45
Units by Structure Type Entitled Permitted Completed
Single-family Attached 0 0 0
Single-family Detached 0 2 22
2 to 4 units per structure 0 0 0
5+ units per structure 0 2 0
Accessory Dwelling Unit 0 40 15
Mobile/Manufactured Home 0 0 0
Total 0 44 37
Infill Housing Developments and Infill Units Permitted # of Projects Units 45 44
0 0
(Jan. 1 - Dec. 31)
10/15/2021 - 10/15/2029
Very Low
Low
Moderate
Acutely Low
Extremely Low
Total Units
Above Moderate
Indicated as Infill
Not Indicated as Infill
Building Permits Issued by Affordability Summary
Income Level
75 100
100
0 0
0 Income Rental Ownership Total
Acutely Low 0 0 0
Extremely Low 0 0 0
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Streamlining Provisions Used - Permitted Units # of Projects Units SB 9 (2021) - Duplex in SF Zone 0 0
SB 9 (2021) - Residential Lot Split 0 0
AB 2011 (2022) 0 0
SB 6 (2022) 0 0
SB 423 (2023) 0 0
Ministerial and Discretionary Applications # of Units
Ministerial 74 74
Discretionary 1 26
Density Bonus Applications and Units Permitted
Number of Applications Submitted Requesting a Density Bonus 0 Number of Units in Applications Submitted Requesting a Density Bonus 0 Number of Projects Permitted with a Density Bonus 0
Number of Units in Projects Permitted with a Density Bonus 0 Housing Element Programs Implemented and Sites Rezoned Count 0 0
Programs Implemented
Sites Rezoned to Accommodate the RHNA
Units Constructed - SB 423 Streamlining Permits
Number of SB 423 Streamlining Applications Approved
Total Housing Applications Submitted:
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Housing Applications Summary
Use of SB 423 Streamlining Provisions - Applications
Number of SB 423 Streamlining Applications
Jurisdiction Carson
Reporting Year 2025 (Jan. 1 - Dec. 31)
1 2 3 4 5 6 7 8 9
Name of Program Objective
Projected Completion
Date in Housing
Element
Applicable Cycle Status of Program
Implementation
Program
Implementation
Details
Quantified Outcomes:
Category
Quantified Outcomes:
Count Supporting Documents
Program 1. Residential
Rehab (Neighborhood
Pride Program, CDBG
Funds)
Provide financial assistance via loans &
grants to provide basic housing repairs
and remedy code violations. Assist a
minimum of 25 single-family units and
mobile home units (200 housing units
over the 8-year planning period)
1/1/2029 6th Cycle In Progress
City deemed eligible 36
residential properties for
program year 2025. Of the
36 properties, 24 were
facilitated and funded via
the CDBG Funds (9 were
mobile
homes and 15 were single
family homes). The total
amount of funds expended
was $640,021 dollars. 89%
of the homeowners were
over the age of 55. 74% of
projects serviced were low
income households and
25% were moderate.
Households 24 None
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583 Program 2. Home Owner-
Occupied Rehab Program
(deferred payment loans)
Continue seeking HOME funding as
available and rehabilitate low- and very-
low-income households during the
planning period
1/1/2029 6th Cycle Continuous
City did not apply for HOME
funding to rehabilitate of
single-family dwellings for
low and very low-income
households. City will
consider applying for HOME
in
the future if resources are
available. City did fund
through PLHA (Permanent
Local Housing Allocation) 6
single family residences at
120% AMI.
Units 6 None
Program 3. Foreclosure
Registration Program
Register foreclosed residential
properties as necessary and collect
registration fees from financial
institutions and beneficiaries
1/1/2029 6th Cycle In Progress
Ongoing, City will continue
to administer the
Foreclosure Registration
Program
to collect registration fees
from financial institutions
and beneficiaries as of
program year 2025 the city
collected $42,930 dollars in
revenue.
Other 4300 none
Program 4. Affordable
Housing Strategy
Promote accessible affordable housing
and reduce affordability gaps in the
City by employing a number of
approaches: provide City-owned land at
reduced cost to affordable housing
developers; developer incentives;
partner with CSUDH to expand family
housing opportunities; and other
mechanisms to facilitate new affordable
housing development and sustain
affordable homeownership
opportunities
1/1/2029 6th Cycle Continuous
1.The City has initiated a
comprehensive
development fee study
program that
includes inclusionary
housing, in-lieu fees,
commercial and industrial
linkage
fees, and more. A Virtual
Town Hall was held on July
2025 to kick off this effort.
Additional town halls and
stakeholder outreach are
scheduled for April 2026.
Anticipated adoption of
these housing ordinances
are expected fall of 2026.
2. Previously, City has held
discussions with an
affordable housing builder
who
has informed the City both
of our sites will not be in a
DDA or QCT starting in
2024 which removes a
130% eligible basis boost
that the developer was
counting on in their
underwriting. This remains
true today. The City is in
discussions with various
developers to discuss
Other none
Program 5. Zoning
Ordinance Update
Help overcome several governmental
constraints to development and
facilitate housing production
1/1/2029 6th Cycle Continuous
City newly adopted a new
zoning code that went into
effect April 19, 2024, which
includes provisions to
facilitate housing
development including
multifamily
development standards,
condominium standards,
parking, objective design
standards
Other none
Program 6. Streamlined
Development Standards
Facilitate the development of housing
by implementing streamlined
development and review standards.
Remove constraints to the development
of affordable housing and comply with
State law that
promotes streamlined development;
Mitigate and reduce environmental
constraints while facilitating
development.
1/1/2029 6th Cycle Continuous
The adopted Zoning Code
allows completely affordable
housing projects to be
reviewed through an
administrative process. City
has streamlined the
development review
process including Planning
and Building and Safety
review
processes and will continue
to work to reduce review
and permitting times.
Carson Civic Access, the
city’s new on-line
application and permitting
portal
launched in mid-2024. The
Carson Civic Access portal
streamlines application
review and
interdepartmental and
interdepartmental
coordination.
Other none
Program 7. Density Bonus
Foster the development of higher
density affordable housing where
appropriate. Amended the Planning and
Zoning Code to ensure that the Density
Bonus Program remains in compliance
with State law and incorporates
additional density bonuses available
through provision of community
benefits
1/1/2029 6th Cycle Continuous
On June 10th, 2025 Mortion
to ratify adoption and
execution of Planning
Commission Resolution No.
25-2889 with the following
corrected title: " A
RESOLUTION OF THE
CITY OF CARSON MAKE A
FINDING OF
APPLICABILITY OF CEQA
GUIDELINES SECTION
15061(B) (3) DELEGATING
APPROVAL AUTHORITY
FOR CERTAIN DENSITY
BONUS APPLICATIONS
TO THE CITY'S
COMMUNITY
DEVELOPMENT
DIRECTOR WITH THE
CONCURRENCE OF THE
CITY MANAGER"
Units none
Program 8. Accessory
Dwelling Units
Ensure compliance with State law, with
anticipated 17 ADUs annually based on
recent
development trends (136 ADUs over an
eight-year period)
1/1/2029 6th Cycle Continuous
The newly adopted Zoning
Code includes provisions to
ensure compatibility with
ADU provisions of state law
Units 40 none
Program 9. Adequate
Residential Sites and no
Net Loss
Provide and maintain adequate sites to
accommodate the City’s RHNA and
affordable housing goals
1/1/2029 6th Cycle Continuous
The newly adopted Zoning
Code includes provisions to
ensure adequate
residential sites are aviaible
to meet City’s RHNA
obligations. City has
prepared a
draft policy to maintain and
monitor the Housing Sites
Inventory. The Policy will
implement a formal ongoing
(project-by-project)
evaluation procedure
pursuant
to the “No Net Loss”
provisions set forth in
Government Code Section
65863.
Should the approval of a
development result in a
reduction of capacity or
assumed affordability below
the residential capacity
needed to meet City’s
RHNA obligations or
otherwise identify and zone
sufficient sites to
accommodate
any shortfall.
Units none
Program 10. Preservation
of at-risk Affordable
housing units
Preserve the 673 Carson Housing
Authority-assisted affordable units and
encourage the 130 HUD-assisted
affordable units to extend their
contracts; Ensure no net loss of units;
Enforce residential replacement
provisions pursuant to State law
1/1/2029 6th Cycle Continuous
The Housing Authority
governing body considered
and approved the Carson
Housing Authority’s SB 341
Annual Report on January
6, 2026 to comply with
this Program and preserve
Housing Authority assisted
affordable units.
Additionally, a separate
Housing Authority Annual
Report prepared pursuant
to HSC 34328 was sent to
HCD October 2025.
Households none
Program 11. Mobil Home
Park Maintenance and
Preservation
Preserve affordable housing stock to
the maximum extent possible with the
maintenance and preservation of
mobile home units. Enact programs
that encourage the preservation of the
parks or ensure financial
assistance to residents to reduce any
adverse impacts that result from such a
closure. This program is divided into
four approaches.
1/1/2029 6th Cycle Continuous
The City through the
Neighborhood Pride
Program will continue to
provide
rehabilitation grants and
loans. The City through the
implementation of the Rent
Control CPI Ordnance will
continue to protect the
affordability of mobile home
units.
The newly adopted Zoning
Code includes the
Mobilehome District (MHD)
Overlay
Zone. The purpose of the
MHD is to maintain,
preserve, and promote
mobilehome parks as an
important source of
affordable rental housing.
The MHD
Overlay Zone applies to
existing mobile home parks
in the City.
The newly adopted Zoning
Code includes provisions
updated the relocation
impact report section of the
code for mobilehome park
closures and brought it
into compliance with State
law as amended by AB
Households none
Program 12. Rental
Assistance
Provide assistance to at least 100
households annually; Encourage the
retention of at least 272 Section 8
vouchers; Provide CARES Act
emergency funds as available.
1/1/2029 6th Cycle Not Yet Started
City does not currently
administer Section 8
Housing in Carson which is
the
responsibility of Los
Angeles County but the city
is looking to implement a
program within the second
or third quarter of 2026.
Households none
Program 13. Special
Needs Housing
Remove potential constraints tied to the
CUP requirement for community care
facilities of seven • Facilitate the
development of housing for persons
with disabilities, including
developmental
disabilities.
• Educate residents about the
reasonable accommodation ordinance
and Residential Rehabilitation
Program.Facilitate the development of
housing for extremely-low-income
households and persons
experiencing homelessness.
1/1/2029 6th Cycle Continuous
The newly adopted Zoning
Code allows residential care
facilities as a by-right
use in all residential zoning
districts. The newly adopted
zoning code includes
the following subcategories:
General Residential Care,
Limited Residential Care,
Senior residential Care
uses, General Hospice,
Limited Hospice, and
Congregate
Living health Facilities. The
newly adopted zoning code
includes Emergency
Shelter as a permitted use
by right in all mixed use
zones.
The newly adopted zoning
code treats Transitional and
Supportive Housing as
residential uses in all
residential and mixed use
zones subject to only to
those
restrictions that apply to
other residential uses.
The newly adopted zoning
code permits Low Barrier
Navigation Centers by right
in all mixed-use and non-
residential zones permitting
Other none
Program 14. Affirmatively
Furthering Fair Housing
Affirmatively further fair housing in
Carson by removing or reducing
constraints on the
development of housing appropriate for
protected groups, promoting fair
housing choice, and providing
fair housing services
1/1/2029 6th Cycle Continuous
As stated above, the newly
adopted zoning code
includes provisions to
reduce
constraints on the
development of housing for
protected groups. City funds
the
Housing Rights Center
through the CDBG program
to ensure promotion of fair
housing and fair housing
services.
Other none
Program 15. Energy
Conservation
Facilitate energy conservation in
housing development 1/1/2029 6th Cycle Continuous
Planning and Building and
Safety facilitate energy
conservation in housing
developments through
enforcement of Title 24.
Other none
Program 16. Commercial
to Residential
Conversions
Facilitate the conversion of commercial
and non-vacant use to residential use 1/1/2029 6th Cycle Continuous The newly adopted zoning
code includes provisions in
mixed use districts to
permit multi-unit residential
projects as a by right use to
facilitate the conversion
of commercial areas to
residential use. The City
rezoned nearly all its
commercial areas to mixed
use districts to further this
goal.
Units none
Program 17.
Neighborhood
Improvements
• Continue to prioritize the City’s annual
budget, Capital Improvement Plan (CIP),
CDBG funds, and Housing Set-Aside
(Carson Housing Authority) funds
according to areas of high need and
ensure equitable distribution of funds,
especially in lower income and/or lower
resource areas; • Focus neighborhood
improvement projects in lower-income
areas to support new construction of
housing units, enhancing mobility and
connectivity to higher resource and/or
higher income areas, access to
services and amenities, safe routes to
school, etc. Examples of this include
working with other agencies to create a
pedestrian/bike linkage along the
Dominguez Channel that will link
several lower-resourced
1/1/2029 6th Cycle Continuous
City’s Engineering Division
has an aggressive schedule
to repave residential
streets in lower income
and/or lower resource
areas. They have recently
paved
residential streets bounded
by Wilmington, Dominguez
St, and the Dominguez
channel, a low resource
area. Traffic Engineer
conducted public outreach
for the
future Active Transportation
Plan.
Other none
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street, Suite 400
Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
June 25, 2025
David C. Roberts, Jr., City Manager
City of Carson
701 East Carson Street
Carson, CA 90745
Dear David C. Roberts, Jr.:
RE: City of Carson’s 6 Cycle (2021-2029) Adopted Housing Element and Rezone Thank you for submitting the City of Carson’s (City) Ordinances 24-2405 and 25-2510 (Ordinances). Pursuant to Government Code section 65585, the California Department of Housing and Community Development (HCD) is reporting the results of its review.
On November 7, 2022, HCD found the adopted housing element met the statutory requirements of State Housing Element Law (Gov. Code, § 65580 et seq). However, the housing element could not be found in substantial compliance until the City has adopted and completed necessary rezones to accommodate the regional housing needs allocation (RHNA) and comply with various statutory requirements. On April 7, 2025, HCD found the Ordinances met statutory requirements pursuant to Government Code sections 65583, subdivision (c)(1) and 65583.2, subdivisions (h) and (i). HCD also found the element will be in substantial compliance once the Ordinances are adopted and reviewed by HCD pursuant to Government Code section 65585. The City adopted the Ordinances and HCD is pleased to find the City has completed actions to address the requirements that were described in HCD’s November 7, 2022 review. As a result, the adopted element substantially complies with State Housing Element Law as of the date of this letter.
As a reminder, the City must continue timely and effective implementation of all programs including but not limited to the following:
Program 1 (Residential Rehabilitation Grant Program)
Program 4 (Affordable Housing Strategy) David Roberts
Program 5 (Zoning Ordinance Update)
Program 8 (Accessory Dwelling Units)
Program 9 (Adequate Sites and No Net Loss)
Program 11 (Mobile Home Park Maintenance and Preservation) Program 13 (Special Needs Housing)
David C. Roberts, Jr., City Manager