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HomeMy Public PortalAbout22-085 - Affirming Decision of the Carson Planning CommissionRESOLUTION NO. 22-085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON AFFIRMING, PURSUANT TO CARSON MUNICIPAL CODE SECTION 9173.4(C)(2)(a), THE DECISION OF THE CARSON PLANNING COMMISSION TO (1) ADOPT THE FINDINGS REQUIRED BY CEQA GUIDELINES, SECTION 15091; (2) CERTIFY THE SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT TO THE FINAL ENVIRONMENTAL IMPACT REPORT (SCH NO. 20050551059) FOR THE DISTRICT AT SOUTH BAY SPECIFIC PLAN; (3) ADOPT THE PROPOSED MITIGATION MONITORING AND REPORTING PROGRAM; AND (4) ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS; AND (5) APPROVE (A) SITE PLAN AND DESIGN REVIEW NO. (DOR) 1877-2021; AND (B) VESTING TENTATIVE TRACT MAP (VTTM) NO. 83481 WHEREAS, on October 5, 2021, the Department of Community Development received a complete application from Carson Goose Owner, LLC (“Developer), for a proposed project (“Project”) on a 96 acre portion of the former Cal-Compact Landfill (located at 20400 Main Street) (referred to as the “157 Acre Site” and/or the “Project Site”), requesting approval of Site Plan and Design Overlay Review (DOR) No. 112-2021 and Vesting Tentative Tract Map (VTTM) No. 83481 and Supplemental Environmental Impact Report (“2022 SEIR”) (SCH NO. 20050551059) to develop approximately 1,567,090 square feet of light industrial and supportive office uses within six buildings, and approximately 12 acres of publicly accessible but privately maintained open space and commercial/community-use and amenity areas , known as the Carson Country Mart; and WHEREAS, the City of Carson Community Development Department on April 6, 2022, published a legal notice in compliance with State law concerning the Planning Commission consideration of the entitlements in the Our Weekly, a local newspaper of general circulation, which included the date and time of the Special Planning Commission consideration of Site Plan, and Design Review No. DOR 1877-2021, Tentative Tract Map No. VITM 83481 and the 2022 SEIR. In addition, on April 7, 2022, a special public hearing notice was mailed to each property owner within an expanded radius (2,000-foot radius) of the Project Site, indicating the date and time of the special public hearing regarding the proposed modified Project in accordance with state law; and WHEREAS, during a regular public hearing on April 12, 2022, a Special public hearing of the Planning Commission was called; and WHEREAS, on April 18, 2022, the City Planning Commission conducted a duly noticed special public hearing on the 2022 SEIR, at which time it received input from City Staff, the City RESOLUTION NO. 22-085 Page lof5 it lana ls at Ni ct tt tt th Attorney's office, and the Developer; public comment portion was opened, and public testimony and evidence, both written and oral, was considered by the Planning Commission of the City of Carson, after which public testimony was closed; and WHEREAS, after deliberation the Planning Commission approved Site Plan and Design Review No. DOR 1877-2021 and Vesting Tentative Tract Map No. VTTM 83481; adopted the Findings required by CEQA Guidelines; certified the 2022 SEIR (SCH No. 20050551059) for the amendment to the District at South Bay Specific Plan (“Specific Plan”); adopted a Mitigation Monitoring and Reporting Program and adopted a Statement of Overriding Considerations; and WHEREAS, on April 21, 2022, City Councilmember Arleen Rojas filed an appeal of the Planning Commission Decision pursuant to Carson Municipal Code (“CMC”) Section 9173.4 (Appeals) of the City’s Zoning Ordinance. The appeal was complete as filed; and WHEREAS, CMC Section 9173.4(C)(1) requires a public hearing to be conducted on the appeal. Section 9173.4(C)(2) provides that at the conclusion of the public hearing, the Council may: (a) affirm the decision; (b) modify the decision; (c) refer the matter back to the Planning Commission, with instructions; or (d) reverse the decision. Pursuant to CMC Section 9173.4(C)(3), unless referred back to the Planning Commission, the appellate decision shall be supported by written findings. Pursuant to CMC Section 9173.4(D), the Council must act to either affirm, reverse, modify, continue or refer matter back within 60 days of filing of the appeal; and WHEREAS, pursuant to California Government Code Sections 65867 and 65090, the City of Carson on May 10, 2022, published a legal notice of the Appeal hearing regarding the 2022 SEIR, Site Plan and Design Review No. DOR 112-2021 and Vesting Tentative Tract Map No. VITM 83481, to be held by the City Council on May 23, 2022. In addition, on May 10, 2022, a public hearing notice was mailed to each property owner within an expanded radius of 2,000 feet of the Project Site, indicating the date and time of the appeal hearing in accordance with state law; and WHEREAS, the City Council has considered and (1) approved Resolution 22-085 (a) adopting the CEQA Findings, (b) Certifying the 2022 SEIR for the Specific Plan, (c) adopting the Mitigation Monitoring and Reporting Program and (d) adopting a Statement of Overriding Considerations, and (e) approving Site Plan and Design Review No. DOR 112-2021 and Vesting Tentative Tract Map No. VTTM 83481 at a public hearing on May 23, 2022, and all interested parties were given an opportunity to be heard regarding this Resolution; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE CITY COUNCIL OF CARSON, CALIFORNIA, HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: SECTION 1. The City Council finds that the foregoing recitals are true and correct and are incorporated herein by reference. SECTION 2. Based upon substantial evidence taken from the record as a whole, and received at the hearing, conducted on May 23, 2022, both oral and written, including the staff report and all attachments thereto, the City Council hereby finds that the Planning Commission Decision is in accordance with the requirements of the CMC, including the City’s Zoning Ordinance, and other applicable law including CEQA. The City Council hereby makes, ratifies, and affirms the findings RESOLUTION NO. 22-085 Page 2 0f5 set forth in Planning Commission Resolution No. 22-2830, a copy of which is attached hereto as Exhibit “C” and incorporated herein by reference. SECTION 3. The City Council finds as follows: 1. With respect to Site Plan and Design Review No. 1877-2021 to permit the design for an approximately 84.65-acre project with 1,567,090 sf of light industrial and supportive office uses within six buildings and approximately 12 acres of publicly accessible but privately maintained open space and commercial/community-use and amenity areas. a) b) The Site Plan and Design Review package No. DOR 1877- 2021 is consistent with the Specific Plan with a General Plan Amendment (GPA 112-2021). The Project located on the PA3 portion of the Project Site will have a General Plan designation of Light Industrial (LI) with GPA 112-2021 and Commercial Marketplace (CM) as per the Specific Plan. Building architectural design, site design and open spaces will be compatible with existing and anticipated development in the vicinity. Light Industrial buildings display a modern aesthetic with abundant glazing and sleek edges. The Carson Country Mart commercial buildings exhibit an appealing Contemporary Country aesthetic combining warm and bold colors, rustic materials and simple roof forms. The proposed landscaping conforms to the District at South Bay Specific Plan and the State’s Water Efficient Landscape Ordinance (WELO) using native plantings and appropriate irrigation. The proposed development of the Project will be constructed in one single phase. Vehicular and pedestrian circulation is designed for convenience and safety. The required findings pursuant to Section 9172.23 (D), “Site Plan and Design Review,” can be affirmatively made. 2. With respect to Tentative Tract Map (TTM) No. 83481 a. a ee ee eee ee ila al a A tt A tt A At tT A i A Tentative Tract Map No. 83481 was reviewed on behalf of the City by LA County Department of Public Works, which determined that the proposed Tentative Tract Map meets the requirements of the City’s Municipal Code and the State Subdivision Map Act, and recommended conditions for the final map approval which will be incorporated. The Tentative Tract Map complies with the City’s Zoning Ordinance and General Plan and (as amended by the Specific Plan and General Plan Amendment) is consistent with the intent of Article IX, Chapter 2, Section 9203 (Tentative Maps) of the Carson Municipal Code. The proposed subdivision, together with the provisions for its design and improvement, is consistent and compatible with the General Plan objectives, policies, general land uses, and programs. The proposed Project advances the General Plan goals and policies related to land use, transportation, housing, and economic development. None of the findings requiring denial pursuant to California Government Code Section 66474 can be made. The Project Site is suitable for the proposed Project and will accommodate up to 1,567,090 SF of light industrial and supportive office uses within six buildings and approximately 12 acres of publicly accessible but privately maintained open space and commercial/community-use and amenity areas. RESOLUTION NO. 22-085 Page 3 of 5 3. With respect to the CEQA Findings of Fact, Certification of the 2022 Supplemental Environmental Impact Report (2022 SEIR), Mitigation Monitoring and Reporting Program (MMRP), and Statement of Overriding Considerations a. Adoption of Findings of Fact. The City Council hereby approves, accepts, incorporates as if set forth in full herein, and makes each and every one of the findings contained in the Findings of Fact, a copy of which is on file in the Community Development Department, and as set forth in Attachment C, attached hereto. b. Certification of Supplemental Environmental Impact Report. The City Council certifies that (1) the 2022 SEIR has been completed in compliance with CEQA; (2) that it has reviewed and considered the information contained in the 2022 SEIR prior to approving the project; and (3) that the 2022 SEIR reflects the City Council’s independent judgment and analysis. Cc. Mitigation Monitoring and Reporting Program. As more fully identified and set forth in the 2022 SEIR and in the Findings of Fact for the Project, the City Council finds that the mitigation measures described and specifically identified in the above-referenced documents are feasible and shall become binding upon the Applicant / Developer (or the City as applicable) in order to implement the particular mitigation measures as identified in the MMRP established under the 2022 SEIR. d. Adoption of Statement of Overriding Considerations. Even after the adoption of all feasible mitigation measures and, certain significant or potentially significant environmental effects caused by the proposed modified Project directly, or cumulatively, will remain. Therefore, the City Council hereby approves of the Statement of Overriding Considerations as set forth in Attachment C, attached hereto Additionally, the Statement of Overriding Considerations identifies the specific economic, legal, social, technological and other considerations that render the unavoidable significant adverse environmental effects acceptable. €. Adoption of Mitigation Monitoring and Reporting Program. As required by applicable State law, the City Council hereby adopts the MMRP. The City Council finds that the MMRP is designed to ensure that, during Project implementation, the City and any other responsible parties implement the Project components and comply with the mitigation measures identified in the Findings of Fact and the MMRP. SECTION 4. The City Council further finds that the proposed Project is subject to the provisions of CEQA. The 2022 SEIR was prepared for the Project and associated Amendment to the District at South Bay Specific Plan and is certified by the City Council pursuant to Resolution 22- 085. SECTION 5. The City Council of the City of Carson, pursuant to the findings noted above, does hereby: adopt the Findings required by CEQA Guidelines, Section 15091; certify the 2022 SEIR for the Specific Plan; adopt a Statement of Overriding Considerations; and approve Site Plan and Design Review No. DOR 1877-2021 and Vesting Tentative Tract Map No. VTTM 83481, conditioned upon City Council's decision to approve the Specific Plan, Development Agreement, and General Plan amendment, subject to the Conditions of Approval contained in Exhibit “E” and Exhibit “E” and incorporated herein by reference. SECTION 6. This Resolution shall be effective immediately upon its adoption. As provided in Code of Civil Procedure §1094.6(b) and Carson Municipal Code §9173.5, any court action or RESOLUTION NO. 22-085 Page 4o0f 5 proceeding brought to challenge this Resolution or the findings set forth herein pursuant to Code of Civil Procedure §1094.5 must be filed within 90 days after the date of this Resolution, except that any action or proceeding challenging this Resolution or the findings set forth herein that is within the scope of Carson Municipal Code §9173.5(A) must be filed within 60 days after the date of this Resolution. A copy of this Resolution shall be sent by first class mail to the Applicant and to any person who has filed a written request for notice of this decision pursuant to Carson Municipal Code §9173.32. SECTION 7. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED, AND ADOPTED this 23rd day of May, 2022. APPROVED AS TO FORM: CITY OF CARSON: Sunny K. Soltani, City Attorney Hila Davis-Holmes, Mayor ATTEST: K Prradallaur Dr. Khaleah K. Bradshaw, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF CARSON ) |, Dr. Khaleah K. Bradshaw, City Clerk of the City of Carson, California, hereby attest to and certify that the foregoing resolution, being Resolution No. 22-085 adopted by the City of Carson City Council at its meeting held on May 23", 2022, by the following vote: AYES: COUNCIL MEMBERS: Davis-Holmes, Hilton, Dear, Hicks, Rojas NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMEBES: None ABSENT: COUNCIL MEMBERS: None Dr. Khaleah K. Bradshaw, City Clerk RESOLUTION NO. 22-085 Page 50f5 Exhibit "'C" CITY OF CARSON PLANNING COMMISSION RESOLUTION NO. 22-2830 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARSON (1) ADOPTING THE FINDINGS REQUIRED BY CEQA GUIDELINES, SECTION 15091; (2) CERTIFYING THE SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT TO THE FINAL ENVIRONMENTAL IMPACT REPORT (SCH NO. 20050551059) FOR THE DISTRICT AT SOUTH BAY SPECIFIC PLAN; (3) ADOPTING THE PROPOSED MITIGATION MONITORING AND REPORTING PROGRAM; (4) ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS; AND (5) APPROVING (A) SITE PLAN AND DESIGN REVIEW NO. (DOR) 1877-2021; AND (B) VESTING TENTATIVE TRACT MAP (VTTM) NO. 83481 WHEREAS, on October 5, 2021, the Department of Community Development received a complete application from Carson Goose Owner, LLC, for real property located at 20400 Main Street, requesting approval of Site Plan and Design Overlay Review (DOR) No. 112-2021 and Vesting Tentative Tract Map (VTTM) No. 83481 and Supplemental Environmental Impact Report ("2022 SEIR”) (SCH NO. 20050551059) to develop approximately 1,567,090 square feet of light industrial and supportive office uses within six buildings and approximately 12 acres of publicly accessible but privately maintained open space and commercial/community-use and amenity areas with 12 commercial buildings, known as the Carson Country Mart; and WHEREAS, the City of Carson Community Development Department on April 6, 2022, published a legal notice in compliance with State law concerning the Planning Commission consideration of the entitlements in the Our Weekly, a local newspaper of general circulation, which included the date and time of the Special Planning Commission consideration of Site Plan, and Design Review No. DOR 1877-2021, Tentative Tract Map No. VITM 83481 and the 2022 SEIR . In addition, on April 7, 2022, a Special public hearing notice was mailed to each property owner within an expanded radius (2,000-foot radius) of the Project site, indicating the date and time of the special public hearing regarding the proposed modified Project in accordance with state law; and WHEREAS, during a regular public hearing on April 12, 2022, a Special public hearing of the Planning Commission was called; and WHEREAS, on April 18, 2022, the Planning Commission conducted a duly noticed special public hearing on the SEIR as defined below, at which time it received input from City Staff, the City Attorney's office, and the developer; public comment portion was opened, and public testimony and evidence, both written and oral, was considered by the Planning Commission of the City of Carson, after which public testimony was closed; and WHEREAS, Planning Commission has reviewed the SEIR and all associated documents; and WHEREAS, after deliberation the Planning Commission desires to approve Site Plan and Design Review No. DOR 1877-2021 and Vesting Tentative Tract Map No. VITM 83481; adopt the Findings required by CEQA Guidelines, Section 15091; certify the 2022 to the Final EIR (SCH No. 20050551059) for the District at South Bay Specific Plan; and Adopt a Statement of Overriding Considerations; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF CARSON, CALIFORNIA, HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: SECTION 1. The Planning Commission finds that the foregoing recitals are true and correct and are incorporated herein by reference. SECTION 2. The Planning Commission finds as follows: 1. With respect to Site Plan and Design Review No. 1877-2021 to permit the design for an approximately 84.65-acre project with 1,567,090 sf of light industrial and supportive office uses within six buildings and approximately 12 acres of publicly accessible but privately maintained open space and commercial/community-use and amenity areas. a) b) The Site Plan and Design Review package No. DOR 1877- 2021 is consistent with the District at South Bay Specific Plan with a General Plan Amendment (GPA 112-2021), the Carson General Plan and the Carson Municipal Code. The Project will have a General Plan designation of Light Industrial (LI) with GPA 112-2021 and Commercial Marketplace (CM) as per the District at South Bay Specific Plan. Building architectural design, site design and open spaces will be compatible with existing and anticipated development in the vicinity. Light Industrial buildings display a modern aesthetic with abundant glazing and sleek edges. The Carson Country Mart commercial buildings exhibit an appealing Contemporary Country aesthetic combining warm and bold colors, rustic materials and simple roof forms. The proposed landscaping conforms to the District at South Bay Specific Plan and the State’s Water Efficient Landscape Ordinance (WELO) using native plantings and appropriate irrigation. The proposed development will be constructed in one single phase. Vehicular and pedestrian circulation is designed for convenience and safety. The required findings pursuant to Section 9172.23 (D), “Site Plan and Design Review,” can be affirmatively made. 2. With respect to Tentative Tract Map (TTM) No. 83481 a. Tentative Tract Map No. 83481 was reviewed on behalf of the City by LA County Department of Public Works, which determined that the proposed Tentative Tract Map meets the requirements of the City’s Municipal Code and the State Subdivision Map Act, and recommended conditions for the final map approval which will be incorporated. The Tentative Tract Map complies with the City’s Zoning Ordinance and General Plan and is consistent with the intent of Article IX, Chapter 2, Section 9203 (Tentative Maps) of the Carson Municipal Code. The proposed subdivision, together with the provisions for its design and improvement, is consistent and compatible with the General Plan objectives, policies, general land uses, and programs. The proposed project advances the General Plan goals and policies related to land use, transportation, housing, and economic development. None of the findings requiring denial pursuant to California Government Code Section 66474 can be made. The project site is suitable for the proposed project and will accommodate up to 1,567,090 SF of light industrial and supportive office uses within six buildings and approximately 12 acres of publicly accessible but privately maintained open space and commercial/community-use and amenity areas. 3. With respect to the CEQA Findings of Fact, Certification of the 2022 Supplemental Environmental Impact Report (2022 SEIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations a. it I cl cee i nt mee an he Lin og PR Lh Adoption of Findings of Fact. The Planning Commission does approve, accepts as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the Findings of Fact, a copy of which is on file in the Community Development Department. Certification of Supplemental Environmental Impact Report. The Planning Commission certifies that (1) the SEIR has been completed in compliance with CEQA; (2) that it has reviewed and considered the information contained in the SEIR prior to approving the project; and (3) that the SEIR reflects the Planning Commission’s independent judgment and analysis. Mitigation Monitoring and Reporting Program. As more fully identified and set forth in the 2022 SEIR and in the Findings of Fact for this Project, the Planning Commission finds that the mitigation measures described and specifically identified in the above- referenced documents are feasible and shall become binding upon the entity (such as the Applicant, Developer or the City) assigned thereby to implement the particular mitigation measures as identified in the Mitigation Monitoring and Reporting Program. Adoption of Statement of Overriding Considerations. Even after the adoption of all feasible mitigation measures and, certain significant or potentially significant environmental effects caused by the proposed modified Project directly, or cumulatively, will remain. Therefore, the Planning Commission issues and approves a Statement of Overriding Considerations which identifies the changes or alterations that are within the responsibility and jurisdiction of another public agency and not the agency making the finding, and that such changes have been adopted by such other agency or can and should be adopted by such other agency, and that they render the unavoidable significant adverse environmental effects acceptable, either in its current form or as may be modified or amended by the City Council. Additionally, the Statement of Overriding Considerations identifies the specific economic, legal, social, technological and other considerations that render the unavoidable significant adverse environmental effects acceptable, either in its current form or as may be modified or amended by the City Council. Adoption of Mitigation Monitoring and Reporting Program. As required by applicable State law, the City Council adopts the Mitigation Monitoring and Reporting Program. The Planning Commission finds that the Program is designed to ensure that, during project implementation, the City and any other responsible parties implement the project components and comply with the mitigation measures identified in the Findings of Fact and the Mitigation Monitoring and Reporting Program. SECTION 3. The Planning Commission further finds that the proposed project is subject to the provisions of CEQA. A Supplemental Environmental Impact Report (SEIR) was prepared for the Project and associated Amendment to the District at South Bay Specific Plan and is certified by the Planning Commission in Resolution 22-X XXX. SECTION 4. The Planning Commission of the City of Carson, pursuant to the findings noted above, does hereby: adopt the Findings required by CEQA Guidelines, Section 15091; certify the 2022 to the Final EIR (SCH No. 20050551059) for the District at South Bay Specific Plan; adopt a Statement of Overriding Considerations; and approve Site Plan and Design Review No. DOR 1877-2021 and Vesting Tentative Tract Map No. VITM 83481, conditioned upon City Council's decision to approve the SPA, DA, and GPA and subject to the Conditions of Approval contained in Exhibit “B” and Exhibit “C” and incorporated herein by reference. SECTION 5. This decision of the Planning Commission shall become effective and final 15 days from the date of the action, in accordance with Section 9173.33 of the Zoning Ordinance, unless an appeal is filed within that time in accordance with Section 9173.4 of the Zoning Ordinance. SECTION 6. The Secretary shall certify to the adoption of the Resolution and shall transmit copies of the same to the applicant APPROVED and ADOPTED this 18" of April 2022. Vice Chair Chris Palmer- Covid Signature CHAIRPERSON ATTEST: SECRETARY C O N D O OA BR W N = P R A R A R W W W W W W W w W w W W w W h N h D y EXHIBIT “A” LEGAL DESCRIPTION FFD CARSON, LLC PROPERTY CITY OF CARSON, CA An airspace parcel situated in the City of Carson, County of Los Angeles, State of California, being a portion of Parcel 2 of Parcel Map No. 70372 as shown on a map thereof filed in Book 377, Pages 76 through 89 of Parcel Maps in the Office of the county Recorder of Said Los Angeles County, bounded northerly and northeasterly by the southerly and southwesterly right-of-way line of Lenardo Drive as shown on said Parcel Map No. 70372. The vertical limits of said parcel are the same as the upper and lower limits of said Parcel 2 of Parcel Map No. 70372. EXCEPTING THEREFROM that portion lying westerly of a line described as follows: BEGINNING at the northwesterly terminus of that certain course shown as having a bearing and distance of “North 16°55’45” West 50.40 feet” in the westerly boundary line of said Parcel Map No. 70372; thence continuing along its northwesterly prolongation North 16°55’45” West 127.49 feet to the southerly right-of-way line of Lenardo Drive as shown on said Parcel Map No. 70372. ALSO EXCEPTING THEREFROM that portion included within a parcel of land described as follows: COMMENCING at the easterly terminus of that certain course shown as having a bearing and distance of “North 89°54’32”" West 239.64 feet” in the southerly boundary line of said Parcel Map No. 70372; thence along said course and said southerly boundary line, North 89°54’32” West 49.72 feet; thence leaving said southerly boundary line at a right angle, North 00°05’28” East 60.00 feet to the TRUE POINT OF BEGINNING; Thence continuing North 00°05'28” East 45.57 feet; thence North 54°06’27” East 238.88 feet: thence South 89°54'32” East 103.31 feet; thence South 00°05’28” West 112.84 feet; thence South 89°54'32” East 70.02 feet; thence South 00°05’28” West 73.09 feet to a line parallel with and 60.00 feet northerly from said southerly boundary line; thence along said parallel line North 89°54’32” West 89.69 feet; thence South 00°05’28”" West 22.00 feet to a line parallel with and 38.00 feet northerly from said southerly boundary line; thence along said parallel line North 89°54’32” West 46.17 feet; thence North 00°05'28" East 22.00 feet to a line parallel with and 60.00 feet northerly from said southerly boundary line; thence along said parallel line North 89°54’32” West 230.76 feet to the TRUE POINT OF BEGINNING. CONTAINING: 84.018 Acres + Page 1 of 4 onthe tc en at tt re A et ttt ttt oe 46 47 48 49 50 o1 O92 93 54 95 56 oT 98 ng 60 61 62 63 64 65 66 6/7 68 69 70 71 12 73 14 19 76 7 (8 79 80 81 82 83 84 85 86 87 88 89 SUBJECT TO a perpetual nonexclusive easement in favor of the Carson Reclamation Authority, a California joint powers authority, the City of Carson, a California charter city, and their respective successors and assigns, for vehicular ingress, egress and access in, on, over and through that certain portion of the foregoing parcel described as follows: That certain parcel of land situated in the City of Carson, County of Los Angeles, State of California, being a portion of Parcel 2 of Parcel Map No. 70372 as shown on a map thereof filed in Book 377, Pages 76 through 89 of Parcel Maps in the office of the County Recorder of said Los Angeles County, lying northeasterly, easterly, southeasterly, southerly, southwesterly and westerly of the following described line: COMMENCING at the northwesterly terminus of that certain course shown as having a bearing and distance of “North 69°18’31” West 219.32 feet” in the centerline of Lenardo Drive as shown on said Parcel Map No. 70372; thence along said centerline South 69°18'31” East 211.70 feet: thence leaving said centerline at a right angle South 20°41’29” West 52.00 feet to the southwesterly right- of-way line of said Lenardo Drive and the TRUE POINT OF BEGINNING: Thence leaving said right-of-way line, South 56°57'36” East 2.54 feet to the beginning of a tangent curve concave westerly and having a radius of 25.00 feet; thence southeasterly, southerly and southwesterly along said curve 41.19 feet through a central angle of 94°23'35”: thence tangent from said curve South 37°25'59” West 4.49 feet to the beginning of a tangent curve concave northwesterly and having a radius of 20.00 feet; thence along said curve southwesterly 12.89 feet through a central angle of 36°55’05”; thence tangent from said curve South 74°21’04” West 47.90 feet to the beginning of a tangent curve concave northwesterly and having a radius of 100.00 feet: thence along said curve southwesterly and westerly 27.47 feet through a central angle of 15°44'24"; thence tangent from said curve North 89°54’32” West 111.78 feet: thence North 87°17'47" West 41.26 feet; thence North 89°17'14” West 21.75 feet: thence North 79°06'08” West 28.22 feet; thence North 89°54’32” West 10.00 feet; thence South 79°06'08” West 38.10 feet: thence North 89°27'08”" West 116.47 feet; thence North 84°37'30” West 36.20 feet: thence North 89°54'32" West 10.00 feet; thence South 86°17’57” West 34.01 feet: thence South 89°41'45” West 106.17 feet; thence North 88°16'18" West 130.87 feet; thence South 89°45’43” West 74.68 feet: thence North 88°31'14" West 108.06 feet; thence South 87°59’30” West 41.23 feet: thence North 88°38'27" West 109.12 feet; thence South 89°22’22” West 288.45 feet: thence North 88°41'33” West 130.25 feet; thence North 89°54’32” West 187.18 feet; thence North 87°03'05” West 72.60 feet; thence North 00°06'07" East 30.38 feet to a line parallel with and 60.00 feet northerly from the southerly boundary line of said Parcel Map No. 70372: Thence along said parallel line North 89°54’32” West 89.69 feet: thence South 00°05'28” West 22.00 feet to a line parallel with and 38.00 feet northerly from said southerly boundary line; thence along said parallel line North 89°54’32” West 46.17 feet; thence North 00°05’28” East 22.00 feet to a line parallel with and 60.00 feet northerly from said southerly boundary line; thence along said parallel line North 89°54’32” West 230.76; thence South 00°05’'28” West 12.08 feet: thence South 87°45'13" West 107.96 feet; thence South 84°25'50” West 56.47 feet to the beginning of a tangent Page 2 of 4 90 91 92 93 94 95 96 9/ 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 26 12/ 28 29 130 131 132 133 134 curve concave northeasterly and having a radius of 60.00 feet; thence along said curve westerly and northwesterly 58.55 feet through a central angle of 55°54’23”: Thence tangent from said curve North 39°39'47” West 51.49 feet; thence North 35°50'18” West 710.46 feet; thence North 36°59'37” West 47.71 feet to the beginning of a tangent curve concave north easterly and having a radius of 200.00 feet; thence along said curve northwesterly 68.92 feet through a central angle of 19°44’42”; thence tangent from said curve North 17°14’55” West 260.01 feet; thence North 17°45’00" West 196.84 feet; thence North 17°01'24” West 376.94 feet; thence North 16°26'55" West 199.38 feet: thence North 16°58’02” West 117.53 feet: thence North 00°11'00° East 65.69 feet to the southerly right-of-way line of Lenardo Drive as shown on said Parcel Map No. 70372. EXCEPTING THEREFROM that portion lying westerly of a line described as follows: BEGINNING at the northwesterly terminus of that certain course shown as having a bearing and distance of “North 16°55’45” West 50.40 feet” in the westerly boundary line of said Parcel Map No. 70372; thence continuing along its northwesterly prolongation North 16°55'45” West 127.49 feet to the southerly right-of-way line of Lenardo Drive as shown on said Parcel Map No. 70372. ALSO EXCEPTING THEREFROM that portion included within a parcel of land described as follows: COMMENCING at the westerly terminus of that certain course shown as having a bearing and distance of “North 89°54’32” West 406.97 feet” in the southerly boundary line of said Parcel Map No. 70372; thence along said course and said southerly boundary line, South 89°54’32” East 406.97 feet to the most southeasterly corner of said Parcel Map No. 70372; thence along the most easterly boundary line of said Parcel Map No. 70372, North 00°04’32” East 12.00 feet to a line parallel with and 12.00 feet northerly from said southerly boundary line, said point also being the TRUE POINT OF BEGINNING; Thence along said parallel line North 89°54’32” West 140.33 feet; thence North 74°21'04” East 12.71 feet to the beginning of a tangent curve concave northwesterly and having a radius of 47.00 feet; thence along said curve northeasterly and northerly 49.80 feet through a central angle of 60°42'52"; thence tangent from said curve North 13°38'12” East 20.04 feet to a point on a non- tangent curve concave southwesterly and having a radius of 615.00 feet, a radial line from said point on said curve bears North 23°35'43” East, said curve also being in the southwesterly right-of- way line of Lenardo Drive as shown in said Parcel Map No. 70372; thence along said curve and said right-of-way line southeasterly 102.85 feet through a central angle of 09°34'54” to said most easterly boundary line of said Parcel Map No. 70372; thence along said most easterly boundary line, South 00°04’32" West 8.47 feet to the TRUE POINT OF BEGINNING. CONTAINING: 3.420 Acres + Page 3 of 4 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 ALSO SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. The foregoing airspace parcel and access easement are depicted on EXHIBIT “B” attached and by this reference made a part hereof. 06/25/2020 Steven c Slocum Date Michael Baker International 5 Hutton Centre, Suite 500 santa Ana, California 92707 H:\pdata\10103753\CADD\Mapping\Exhibits\Faring Properties\Legal\161137 Faring_Prop-Legal.docm Page 4 of 4 CITY OF CARSON COMMUNITY DEVELOPMENT PLANNING DIVISION EXHIBIT "B" CONDITIONS OF APPROVAL DISTRICT AT SOUTH BAY SITE PLAN AND DESIGN REVIEW No. DOR 1877-2021 These “Conditions of Approval” shall govern the development of Planning Areas (PA) 3(a) and 3(b) of the District at South Bay Specific Plan (“Specific Plan”), located at 20400 South Main St. in the City of Carson (“Project Site”). The “Project” consists of light industrial uses within PA3(a), and separate commercial uses, together with privately maintained, publicly accessible open space and community amenity areas known as the Carson Country Mart located on PA3(b). The Project is proposed by the “Applicant” which currently consists of Carson Goose Owner, 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 2021 Specific Plan, 2022 Final Supplemental Environmental Impact Report (FSEIR), Mitigation Monitoring and Reporting Program (MMRP), Development Agreement (DA). In the event of a conflict between these Conditions of Approval and the Development Agreement the Development Agreement shall control. A. The Applicant shall submit a complete set of electronic Construction Drawings that conform to all the Conditions of Approval to be reviewed and approved by the Planning Division prior to Building and Safety plan check submittal. 5. The Applicant shall comply with all City, county, state, and federal regulations applicable to the Project, including, without limitation. all DTSC requirements and regulations, including remedial systems, site improvements, Building Protection systems (BPS) and other associated improvements. 10. The Applicant shall comply with all Mitigation Measures, Project Design Features, and Project Characteristics as described in the 2022 Final Supplemental Environmental Impact Report and MMRP. 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 No. SPA 27- 2021 provisions. City Approvals. All approvals by City, the Carson Reclamation Authority (CRA), and the Department of Toxic Substance Control (DTSC) 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 First Amended and Restated Reimbursement Agreement, between the City, the Carson Reclamation Authority, and Faring Capital, LLC, dated December 18, 2020 (as amended or modified from time to time, the “Reimbursement Agreement’). Reimbursement Agreement. A trust deposit account shall be established and maintained pursuant to the Reimbursement Agreement. 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, DTSC, 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 remedial systems, site improvements, Building Protection Systems (BPS) 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 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 11. Prior to the issuance of a building permit, the Applicant shall pay a fair-share contribution for any off-site improvements identified in the Project's associated Level of Service (LOS) study which identifies the following intersection improvements: a. Main Street & I-405 Southbound On-Ramp: Conversion of the eastbound left-turn lane to a through/left-turn lane Main Street & |-405 Northbound Off-Ramp: Conversion of the westbound through-left turn lane to a westbound through-left-right lane, and conversion of the westbound through-right lane to a westbound right turn only lane Hamilton Avenue & Del Amo Boulevard: Conversion of the northbound through-right lane to a northbound right-turn only lane Figueroa Street & Del Amo Boulevard: Addition of a second westbound through lane; Convert southbound right-turn only lane to a southbound through-right lane; Add second eastbound through lane; Add second northbound right-turn only lane Hamilton Avenue & I-110 Southbound Ramps: Conversion of the eastbound left-right turn lane to an eastbound left lane and the addition of a dedicated eastbound right turn lane and a dedicated southbound right turn only lane Figueroa Street & I-110 Northbound Ramps: Conversion of the eastbound left-right turn lane to an eastbound left lane and the addition of a dedicated eastbound right turn lane and a dedicated southbound right turn only lane Avalon Boulevard & Carson Street: Conversion of the northbound and southbound shared through-right lanes to right turn only lanes The signal on Del Amo and Hamilton shall be modified to include a left turn arrow for the west bound Del Amo to south bound Hamilton (not included in the LOS study). Any intersection or freeway ramp over which Caltrans has jurisdiction requires coordination and detailed design review with Caltrans to determine the feasibility of the improvement. For any intersections requiring additional Right-of-Way, the Developer shall be responsible for payment of the acquisition (capped at $3,000,000.00 (Three million dollars) in total for all acquisitions), however the City is responsible to secure the 12. 13. 14. 15. additional Right-of-Way. Subject to reimbursement from other projects that are also required to pay a fair-share contribution to the above intersection improvements including the payment for acquisition of additional right-of-way, the Applicant shall work with City and use its best efforts to ensure that as many as the above referenced intersection improvements are funded and completed prior to issuance of any Certificate of Occupancy for the industrial buildings. The following street segments shall by paved with concrete on all travel lanes prior to issuance of occupancy permits. Pavement improvements shall include the entire noted intersection and exclude any Caltrans Right-of-Way. The street improvement plans shall be submitted to and approved by the City Engineer prior to issuance of any building permits: a. Allon site roads including Stamps Road and Lenardo Street b. Off-site roads including: i. Del Amo Boulevard from Main Street to Stamps Road li. Main Street from Del Amo Boulevard to Lenardo Drive iii. Main Street north of Del Amo Boulevard measuring approximately 240 feet in length measured from the centerline of Del Amo Boulevard iv. Del Amo Boulevard west of Main Street measuring approximately 320 feet in length measured from the centerline of Main Street v. Figueroa Street south of Del Amo Boulevard measuring approximately 840 feet in length measured from the centerline of Del Amo Boulevard. Pavement shall include the intersection of Figueroa and the I-110 Freeway ramps outside of the Caltrans Right-of-Way The development of the Project may be phased as described in The District at South Bay Specific Plan FSEIR and or the Development Agreement. The Carson Country Mart (within PA 3(b)) shall be owned and maintained by the Applicant (and/or its successors and assigns) and must remain publicly accessible in perpetuity with a deed restriction recorded to this effect prior to issuance of any building permits. The maintenance shall be held to high standards as determined by the Community Development Director. Prior to issuance of building permits, the Applicant shall provide plans to the Planning Division for approval of Electric Vehicle charging stations and infrastructure as required by the Specific Plan and the MMRP. Prior to issuance of occupancy permits for any building in PA 3(a) or 3(b), the Applicant shall install Electric Vehicle charging stations and infrastructure for that specific PA 3 sub-area, that are consistent with the approved Site Plan, Construction Drawings for said PA and the 2022 SEIR MMRP. 16. 17. 18. 19. 20. 21. 22. 23. 24. 20. 26. The Applicant shall achieve certification or the equivalent of compliance with LEED green building standards of at least silver standard. Prior to issuance of building permits, the Applicant shall provide Construction Drawings to the Planning Division for approval to screen all utility boxes and fire equipment as permitted by the associated agencies with jurisdiction over said utility and/or equipment including but not limited to services related to electricity, water, sewer, cable, gas, telephone, and fire. Prior to issuance of occupancy permits for any building in PA 3(a) or 3(b) the Applicant shall install the screening consistent with the approved Construction Documents for said PA. The Site Plan and Design Review approval shall not be effective until such time as the City Council approves the Specific Plan, and General Plan Amendment, and the Development Agreement and said documents are legally effective. The final Construction Documents shall comply with the provisions and requirements of the Development Agreement and the Specific Plan and final approved Site Plan. The Project shall comply with the Artistic Feature requirements described in the Specific Plan (and otherwise set forth under the Development Agreement). Drive-thru tenants within the Carson Country Mart (PA3(b)) must conform to the conditions and requirements set forth in the Specific Plan. A shared parking covenant between Building F of PA 3(a) and the Carson Country Mart (PA 3(b)) shall be recorded prior to issuance of building permit for any portion of PA3. Architectural design and details shall be in substantial conformance with the approved Site Plan and Design Review documents. Any alteration shall be first approved by the Planning Division consistent with any applicable Specific Plan and/or Development Agreement provisions. Bike parking stalls/racks shall be shown in the Construction Drawings for PA 3(a) and PA 3(b) prior to the issuance of building permits and shall conform to the Specific Plan and Carson Municipal Code requirements. Any roof-mounted equipment shall be screened to the satisfaction of the Planning Division. Rooftop equipment and ground-mounted screening methods shall be identified in Construction Drawings and verified prior to issuance of building permit. In general, all roof mounted equipment shall be screened by the building parapets. Additional screening will be required if determined necessary. Exterior building elevations showing building wall materials, roof types, exterior colors and appropriate vertical dimensions shall be included in the development Construction Drawings and shall be consistent with the approved Site Plan and Design Review documents. 27. 28. 29. 30. 31. 32. Any light industrial buildings in PA 3(a) that are adjacent to and visible from the Carson Country Mart in PA 3(b) shall have enhanced elevations. Design, materials and colors shall be reviewed and approved by the Community Development Director prior to issuance of building permits. Walls up to eight (8) feet in height shall be installed at the southern Property Line of PA 3(b), the Carson Country Mart, where residential uses are directly across the Torrance Lateral. The Applicant and warehouse tenants/owners and/or operators shall ensure that all truck fleets accessing the 2021 Project’s light industrial uses shall meet or exceed the 2014 model-year emissions equivalent engine standards as currently defined in California Code of Regulations Title 13, Division 3, Chapter 1, Article 4.5, Section 2025. Light Industrial tenants shall ensure that of all trucks of model year 2021 and newer /5 percent will be zero- or near-zero-emissions vehicles by 2035, and 100 percent zero- or near-zero-emissions vehicles by 2040. Facility operators shall maintain records on site demonstrating compliance with this requirement and shall make records available to inspection by local jurisdiction, air districts, and the State upon request. The Applicant shall send a notice of forthcoming construction activities to owners and tenants within 500 feet of the Project at least seven days prior to commencement of construction. 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. The Applicant shall submit a report pursuant to the applicable provisions of the California Building Code, prepared by a licensed civil engineer designated by the applicant and approved by the City, which shall provide and include plans for a protective system or systems designated to eliminate or mitigate the potential hazards and environmental risks associated with the proposed use pursuant to Carson Municipal Code 9141.12. Otherwise, the Community Development Director can approve alternative methods to accomplish the same and to protect the health and safety issues associated with the development on a former landfill site and obtaining approval from the permitting agencies including but not limited to DTSC. a. The report shall require approval by the Building Official. b. All measures to eliminate or mitigate the hazards and environmental risks associated with the site proposed in the report approved by the Building Official shall be incorporated into the project. Such measures shall include monitoring, evaluation and control of methane gas produced by the site as the City shall determine to be necessary to protect the public health, safety or welfare with respect to the production or migration of methane gas. J. 34. 39. 36. Sf. c. Monitoring and regular inspections and reports by a licensed civil engineer designated by the applicant and monitored, evaluated and approved by the Building Official shall be done and filed with the City from time to time as directed by the Building Official at the applicant’s cost. 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. The applicant shall, at the applicant’s own expense, carry public liability insurance during the existence of this permit, with a company and policy to be approved by the City Attorney, covering liability for injuries or death arising out of or in connection with the use of the site pursuant to said permit in an amount not less than $5,000,000. The City shall be named as an additional assured under such insurance policy or alternative insurance coverage as approved by the Community Development Director exceeding this requirement. Hours of operation for the Light industrial areas will be generally permitted 24 hours per day. However, onsite outdoor activities and outdoor operations located in the following areas (the “Outdoor Restricted Areas”) shall be restricted to 8:00 a.m. to 10:00 p.m.:: a. Areas in and around the loading docks of Buildings A and F; b. Parking and access areas between Buildings A and D; c. Parking and access areas between Building D and Lot 14; and d. Parking and access areas between Lot 14 and Building F No outdoor industrial activities or outdoor operations, including truck reverse motion alarm/beeping (other than routine ingress and egress into and around the facility) shall be permitted within the Outdoor Restricted Area between 10:00 p.m. and 8:00 a.m. Hours of operation for the Carson Country Mart uses shall be limited to the hours of 7 a.m. to 11 p.m. daily. The timing of the Carson Country Mart construction shall be consistent with the timing described in Development Agreement No. DA 29-2021. LANDSCAPE / IRRIGATION 38. 39. Landscaping shall conform to the provisions contained in the Specific Plan. Prior to issuance of any building permit, the Applicant shall provide landscape plans to the Planning Division for approval for all areas, including the Carson Country Mart, the Light Industrial Area, open spaces, Landscape Theme Areas, Project Entries, streetscapes, parking lots and slopes. The Community Development Director may approve a phased landscape plan. 40. 41. 42. 43. 4A. 45. 46. 47. Installation, maintenance, and repair of all landscaping shall be the responsibility of the Applicant. All landscaping shall be installed prior to issuance of any occupancy permits. The Community Development Director may approve a phased installation of the landscaping. 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. 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. The proposed irrigation system shall include best water conservation practices. 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. 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. All walls shall 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. Show corner sight line distances on the landscape plan per Engineering Department Standard Drawings. WALLS/FENCES 48. 49. Prior to the issuance of a building permit, a Wall and Fence Plan shall be reviewed and approved 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. All walls in PAs 3(a) and 3(b) shall conform to those specified in the Specific Plan. The standard height of such walls is eight feet. However, due to the proximity to noise- sensitive uses, the height of certain walls associated with Buildings A, D, and F have been increased as described below: a. Building A would include a concrete block wall up to 16-foot-high that encloses the northern (with a 10-foot-high truck access gate made of solid material such as steel) and western sides of the loading dock area. In addition, the western wall extends from the beginning of the truck drive aisle at the north to the parking area associated with Building D. b. Building D would include a concrete block up to 14-foot-high wall enclosing the southeastern side of the loading dock with a 10-foot-high solid truck access gate. c. Building F would include a concrete block wall up to 16-foot-high enclosing the south and southwestern sides of the loading dock area, a 10-foot-high solid truck access gate, and a 14-foot-high concrete block wall enclosing the northwestern and northern sides of the loading dock area. d. A concrete block wall up to 16-foot-high extending from the Building F loading dock area wall to the edge of the utility lot would be provided for added noise attenuation. 90. ~All walls shall include graffiti-resistant coating. LIGHTING 91. ~All exterior lighting and sign lighting shall be provided in compliance with the standards pursuant to the Specific Plan. 092. Two sets of lighting plans are to be drawn, stamped, and signed by a licensed lighting consultant and submitted and approved by the Planning Division prior to the issuance of any building permits 93. — 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. 94. Prior to issuance of any building permits for lighting or sign lighting within PA3(b), a technical lighting study will be required by the Applicant to ensure that proposed lighting within the Carson Country Mart complies with both the CALGreen requirements and the lighting/illuminance requirements contained in the Specific Plan and the MMRP contained in the FSEIR. SIGNAGE 99. Prior to issuance of a building permit, the Applicant shall submit a Comprehensive Sign Program(s) for PA 3(a) and 3(b) (for each PA separately or together) that is consistent with the approved Specific Plan and Development Agreement and all applicable previously approved sign programs. 06. Of. 08. o9. 60. Prior to issuance of building permits, the Applicant shall provide plans to the Planning Division for approval of entry monument signage consistent with the Comprehensive Sign Program. Prior to issuance of building permits, the Applicant shall provide plans to the Planning Division for approval of Directional/wayfinding signage consistent with the Comprehensive Sign Program. Prior to issuance of any building permits., a technical lighting study will be required by the project Applicant for all signs within PA3(b) to ensure that proposed signage lighting within the Carson Country Mart complies with both the CALGreen requirements and the lighting/illuminance requirements contained in the Specific Plan. Show corner sight line distances on a site plan per Engineering Department Standard Drawings. All project freestanding signs shall comply with the sight line distance standards. All signs shall be installed prior of issuance of occupancy permits. PARKING 61. 62. 63. TRAS All parking areas and driveways shall remain clear. No encroachment into parking areas and/or driveways shall be permitted. 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 6b. Other surfacing material which, in the opinion of the Director of Public Works, provides equivalent life, service and appearance. Light industrial tenants shall provide preferential parking for employees using vehicles displaying valid “clean air vehicles” decals issued by the California Department of Motor Vehicles. Percentage of parking to be allotted by facility shall be governed by City or CALGreen standards. The Applicant shall provide passenger vehicle charging Stations for a minimum of 10 percent of parking spaces. Compliance shall be in accordance with CALGreen Code applicable at the time building permits are issued. H 64. Trash collection shall comply with the requirements of the City’s trash hauler. BUILDING AND SAFETY DIVISION 65. Submit development plans for plan check review and approval prior to issuance of permits. 10 66. Obtain all appropriate permits and an approved final inspection for the proposed Project. ENGINEERING SERVICES DEPARTMENT - CITY OF CARSON 65. 66. 67. 68. 69. 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. A construction permit is required for any work to be done in the public right-of-way. The Applicant shall comply with street improvements and all other requirements included in the Development Agreement. Truck Traffic Restrictions: a) b) Truck access to and from Avalon Boulevard shall be prohibited. Appropriate signage shall be included in the Street Improvement Plans or other appropriate plans to prohibit any truck access to and from Avalon Boulevard (i.e., prohibition on trucks either entering or exiting the project site from Avalon Boulevard). Trucks shall be prohibited from making right turns from the access driveways for the industrial buildings into Lenardo Drive with the exception of the driveway for building A. Appropriate signage shall be included in the Street Improvement Plans or other appropriate plans to prohibit trucks from making right turns from the access driveways for the industrial buildings into Lenardo Drive with the exception of the driveway for building A. Trucks shall be prohibited from making right turns from Stamps to Del Amo Boulevard. Trucks shall also be prohibited from entering the site from west bound Del Amo Boulevard. Appropriate signage shall be included in the Street Improvement Plans or other appropriate plans to prohibit trucks from making right turn from Stamps to Del Amo Boulevard and from entering the site from west bound Del Amo Boulevard. Trucks shall be prohibited from queuing on any public roads. Appropriate signage shall be included in the Street Improvement Plans (or other appropriate plans) intended to prohibit trucks from queuing on any public roads. The aforementioned restrictions shall be added to the MMRP as Project Design Features including a requirement that all tenant leases include information about such restrictions. 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, as approved by the City Engineer. > 11 os Sten Mee ett at a A NOI ct ttt tc ttt Prior to Issuance of Building Permit 70. 71. Public Street Improvements Plans along Lenardo Drive and Stamps Drive shall (be): a) include parkways, sidewalks, wheelchair ramps, bike lanes, landscaped medians, streetlights, etc. b) per The District at South Bay 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. Include the connection of Lenardo Drive to the existing |-405 Freeway Interchange in the Improvement Plans. Improvement Plans shall be approved by California Department of Transportation (Caltrans), if deemed necessary by the City Engineer. Prior to issuance of any building permits the developer shall prepare all necessary plans and obtain approval from the City engineer to ensure the signal at Lenardo/I- 405 offramp is fully operational to accommodate the movements required by this project. Prior to Certificate of Occupancy 72. 13. 14. fd. 76. The developer shall ensure the signal at the intersection of Lenardo Drive and the southbound I-405 offramp is operational, at the developer's expense, to the Satisfaction of the City Engineer. 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. 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. Comply with mitigation measures recommended by the water purveyor. 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. lf 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. 12 Tf. All infrastructure necessary to serve the PA3 Project (water, sewer, storm drain, and street improvements) shall be in operation prior to the issuance of Certificate of Occupancy of any building in PA3. PUBLIC WORKS — WATER QUALITY Prior to Issuance of Building Permit 78. 79. 80. 81. 82. Per City of Carson ordinance 5809 and SUSMP 2009, 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. Applicant shall complete and provide a BMP Reporting Template to City of Carson, Engineering Services Department. 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. Applicant shall submit digital copies of 2009 SUSMP/LID/NPDES/Grading Plans concurrently to City of Carson, Engineering Services Department and Los Angeles County Building & Safety Division. 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 83. 84. 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 addition, 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. Inspection will be conducted once a year after any portions of the Project are constructed. FIRE DEPARTMENT 13 69. The proposed development for the Project shall obtain approval and comply with all Los Angeles County Fire Department requirements. DEVELOPMENT IMPACT FEE - CITY OF CARSON 70. Interim Development Impact Fee: In accordance with Article XI! (Interim Development Impact Fee Program) of the Carson Municipal Code and the current Fiscal Year 2021- 2022 fees (effective July 1, 2021 through June 30, 2022) the applicant, property owner, and/or successor to whom these project entitlements are assigned (“Developer’) shall be responsible for payment of a one-time development impact fee at the rate of $2.63 per square foot of industrial building constructed and $4.71 per square foot of commercial building constructed. The proposed development includes development impact fees estimated at $6,402,910.41 [1,567,090 square feet (Proposed Industrial area) X $2.63 per square foot = $4,121,446.70 and 33,800 square feet (Proposed Commercial area) x $4.71 = $159,198.00. $4,121,466.70 + $159,198.00 = $4,280,644.70. If the Project increases or decreases in size, the development impact fee amount will be adjusted accordingly at the same rate. Final development impact fee amounts are calculated and due prior to issuance of a building permit in one lump sum installment. Fees are subject to adjustments every July 1 based on State of California Construction Cost Index (Prior March to Current March Adjustment). No building permits shall be issued prior to the full payment of the required amount. CITYWIDE COMMUNITY FACILITIES DISTRICT 71. The proposed development is required to mitigate its impacts on City services. City The proposed development is required to mitigate its impacts on City services. The City adopted Community Facilities District (CFD No. 2018-01) to fund the ongoing costs of City services permitted by the CFD, including the maintenance of parks, roadways, and sidewalks and other eligible impacts of the Project within the CFD (the CFD Services). The City has used this mechanism for projects wanting to join the CFD as a means to satisfy the condition to mitigate impacts on services. In 2019, the City undertook a Fiscal Impact Analysis by NBS, dated (“FIA”). City Staff have been using this analysis generally to determine the impacts in CFD No. 2018- 01. Based on the FIA, the impacts of this project fits into the “Industrial Zone 1” category. Based on a 73.53-acre development, the current estimated annual amount for ongoing services is $2,995.17 per acre per year or $220,234.85 annually subject to annual adjustments. Prior to recordation of final tract map or permit issuance, whichever comes first, Developer shall annex into the CFD. 14 CITY OF CARSON COMMUNITY DEVELOPMENT PLANNING DIVISION EXHIBIT "C" CONDITIONS OF APPROVAL DISTRICT AT SOUTH BAY VESTING TENTATIVE TRACT MAP 83481 These “Conditions of Approval” shall govern the development of Planning Areas (PA) 3(a) and 3(b) of the District at South Bay Specific Plan (“Specific Plan”), located at 20400 South Main St. in the City of Carson (“Project Site”). The “Project” consists of light industrial uses within PA3(a), and separate commercial uses, together with privately maintained, publicly accessible open space and community amenity areas known as the Carson Country Mart located on PA3(b). The Project is proposed by the “Applicant” which currently consists of Carson Goose Owner, 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. 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. These Conditions of Approval shall be subject to the terms and conditions of the Specific Plan, 2022 Final Supplemental Environmental Impact Report (FSEIR), Mitigation Monitoring and Reporting Program (MMRP), Development Agreement (DA). In the event of a conflict between these Conditions of Approval and the Development Agreement the Development Agreement shall control. The Applicant shall submit a complete set of electronic Construction Drawings that conform to all the Conditions of Approval to be reviewed and approved by the Planning Division prior to Building and Safety plan check submittal. The Applicant shall comply with all City, county, state, and federal regulations applicable to the Project, including, without limitation. all DTSC requirements and regulations, including remedial systems, site improvements, Building Protection Systems (BPS) and other associated improvements. 10. The Applicant shall comply with all Mitigation Measures, Project Design Features, and Project Characteristics as described in the 2022 Final Supplemental Environmental Impact Report and MMRP. 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 No. SPA 27- 2021 provisions. City Approvals. All approvals by City, the Carson Reclamation Authority (CRA), and the Department of Toxic Substance Control (DTSC) 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 First Amended and Restated Reimbursement Agreement, between the City, the Carson Reclamation Authority, and Faring Capital, LLC, dated December 18, 2020 (as amended or modified from time to time, the “Reimbursement Agreement’). Reimbursement Agreement. A trust deposit account shall be established and maintained pursuant to the Reimbursement Agreement. DEVELOPMENT IMPACT FEE - CITY OF CARSON Interim Development Impact Fee: In accordance with Article XI (Interim Development Impact Fee Program) of the Carson Municipal Code and the current Fiscal Year 2021- 2022 fees (effective July 1, 2021 through June 30, 2022) the applicant, property owner, and/or successor to whom these project entitlements are assigned (“Developer’) shall be responsible for payment of a one-time development impact fee at the rate of $2.63 per square foot of industrial building constructed and $4.71 per square foot of commercial building constructed. The proposed development includes development impact fees estimated at $6,402,910.41 [1,567,090 square feet (Proposed Industrial area) X $2.63 per square foot = $4,121,446.70 and 33,800 square feet (Proposed Commercial area) x $4.71 = $159,198.00. $4,121,466.70 + $159,198.00 = $4,280,644.70. If the Project increases or decreases in size, the development impact fee amount will be adjusted accordingly at the same rate. Final development impact fee amounts are calculated and due prior to issuance of a building permit in one lump sum installment. Fees are subject to adjustments every July 1 based on State of California Construction Cost Index (Prior March to Current March Adjustment). No building permits shall be issued prior to the full payment of the required amount. No building permits shall be issued prior to the full payment of the required amount. 11. 12. CITYWIDE COMMUNITY FACILITIES DISTRICT The proposed development is required to mitigate its impacts on City services. The City adopted Community Facilities District (CFD No. 2018-01) to fund the ongoing costs of City services permitted by the CFD, including the maintenance of parks, roadways, and sidewalks and other eligible impacts of the Project within the CFD (the CFD Services). The City has used this mechanism for projects wanting to join the CFD as a means to satisfy the condition to mitigate impacts on services. In 2019, the City undertook a Fiscal Impact Analysis by NBS, dated (“FIA”). City Staff have been using this analysis generally to determine the impacts in CFD No. 2018- 01. Based on the FIA, the impacts of this project fits into the “Industrial Zone 1” category. Based on a 73.53 acre development, the current estimated annual amount for ongoing services is $2,995.17 per acre per year or $220,234.85 annually subject to annual adjustments. Prior to recordation of final tract map or permit issuance, whichever comes first, Developer shall annex into the CFD. The proposed development is required to mitigate its impacts on City services. The City adopted Community Facilities District (CFD No. 2018-01) to fund the ongoing costs of City services permitted by the CFD, including the maintenance of parks, roadways, and sidewalks and other eligible impacts of the Project within the CFD (the CFD Services). The City has used this mechanism for projects wanting to join the CFD as a means to satisfy the condition to mitigate impacts on services. 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, DTSC, 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 remedial systems, site improvements, Building Protection Systems (BPS) 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 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 13. 14. 15. 16. 17. 18. 19. The development of the Project may be phased as described in Specific Plan FSEIR and or the Development Agreement. The Vesting Tentative Tract Map approval shall not be effective until such time the City Council approves the Specific Plan, General Plan Amendment, and the Development Agreement and said documents are legally effective. The final Construction Documents shall comply with the provisions and requirements of the Development Agreement and the Specific Plan and final approved Site Plan. A shared parking covenant between Building F of PA 3(a) and the Carson Country Mart (PA 3(b)) shall be recorded prior to issuance of building permit for any portion of PA3. Developer shall achieve certification or the equivalent of compliance with LEED green building standards of at least silver standard. 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. The Applicant shall submit a report pursuant to the applicable provisions of the California Building Code, prepared by a licensed civil engineer designated by the applicant and approved by the City, which shall provide and include plans for a protective system or systems designated to eliminate or mitigate the potential hazards and environmental risks associated with the proposed use pursuant to Carson Municipal Code 9141.12. Otherwise, the Community Development Director can approve alternative methods to accomplish the same and to protect the health and safety issues associated with the development on a former landfill site and obtaining approval from the permitting agencies including but not limited to DTSC. a. The report shall require approval by the Building Official. b. All measures to eliminate or mitigate the hazards and environmental risks associated with the site proposed in the report approved by the Building Official shall be incorporated into the project. Such measures shall include monitoring, evaluation and control of methane gas produced by the site as 20. 21. the City shall determine to be necessary to protect the public health, safety or welfare with respect to the production or migration of methane gas. c. Monitoring and regular inspections and reports by a licensed civil engineer designated by the applicant and monitored, evaluated and approved by the Building Official shall be done and filed with the City from time to time as directed by the Building Official at the applicant's cost. 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. The applicant shall, at the applicant's own expense, carry public liability insurance during the existence of this permit, with a company and policy to be approved by the City Attorney, covering liability for injuries or death arising out of or in connection with the use of the site pursuant to said permit in an amount not less than $5,000,000. The City shall be named as an additional assured under such insurance policy or alternative insurance coverage as approved by the Community Development Director exceeding this requirement. BUILDING AND SAFETY DIVISION 22. 23. Submit development plans for plan check review and approval prior to issuance of permits. Obtain all appropriate permits and an approved final inspection for the proposed Project. ENGINEERING SERVICES DEPARTMENT - CITY OF CARSON 24. 26. 27. 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. A construction permit is required for any work to be done in the public right-of-way. Truck Traffic Restrictions: a) Appropriate signage shall be included in the Street Improvement Plans or other appropriate plans to prohibit any truck access to and from Avalon Boulevard (i.e.., prohibition on trucks either entering or exiting the project site from Avalon Boulevard). b) Appropriate signage shall be included in the Street Improvement Plans or other appropriate plans to prohibit trucks from making right turn from the access driveways for the industrial buildings into Lenardo Drive with the exception of the driveway for Building A. 28. 29. 30. 31. 32. 33. 34. 30. 36. Sf. c) Appropriate signage shall be included in the Street Improvement Plans or other appropriate plans to prohibit trucks from making right turn from Stamps to Del Amo Boulevard. Trucks shall also be prohibited from entering the site from west bound Del Amo Boulevard. d) Appropriate signage shall be included in the Street Improvement Plans (or other appropriate plans) intended to prohibit trucks from queuing on any public roads. e) The aforementioned restrictions shall be added to the MMRP as Project Design Features including a requirement that all tenant leases include information about such restrictions. 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. The Developer shall submit a copy of approved Grading plans on bond paper to the City of Carson — Engineering Division, prior to issuance of grading permits. 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. 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. A construction permit is required for any work to be done in the public right-of-way. Construction bond for all work to be done within the public right-of-way shall be submitted to and approved by Engineering Division prior to issuance of permit by Engineering Division. Proof of Worker's Compensation and Liability Insurance shall be submitted to the City prior to issuance of permit by Engineering Division. 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. 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. CC&R’s (covenants, conditions, and restrictions) to address drainage responsibilities are required. 38. 39. 40. 41. 42. 43. Ad 45. 46. 47. 48. 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. Prior to tentative map approval, quitclaim or relocate any easements interfering with building locations to the satisfaction of the City, appropriate agency or entity. Provide suitable turnaround and label the driveways “Private Driveway and Fire Lane” on the Final Map to the satisfaction of the Fire Department. 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. Comply with mitigation measures recommended in the approved soils, sewer area study, drainage concept, hydrology study and stormwater quality plan. 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. 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. The Developer shall submit drainage/grading plans, prepared by a registered Civil Engineer, to the Los Angeles County Department of Public Works (LACDPW) and obtain approvals to the satisfaction of the LACDPW. The Developer shall comply with applicable LID requirements (Carson Municipal Code Section 5809) and shall include Best Management Practices necessary to control storm water pollution from construction activities and facility operations to the satisfaction of Building and Safety or as otherwise approved by the City Engineer. 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 water mains shall be sized to accommodate the total domestic and fire flows. The Developer shall send a print of the development map to the County Sanitation District, to request for annexation. The request for annexation must be approved prior to Final Map approval. 49. A final guarantee will be required at the time of the filing of the Final Map with the County Recorder/County Clerk’s Office. Prior to Issuance of Building Permit 90. o1. o2. 3. 04. 99. 96. Public Street Improvements Plans along Lenardo Drive and Stamps Drive shall (be): a) include parkways, sidewalks, wheelchair ramps, bike lanes, landscaped medians, streetlights, etc. b) per The District at South Bay 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. Include the connection of Lenardo Drive to the existing |-405 Freeway Interchange in the Improvement Plans. Improvement Plans shall be approved by California Department of Transportation (Caltrans), if deemed necessary by the City Engineer. Prior to issuance of any building permits the developer shall prepare all necessary plans and obtain approval from the City engineer to ensure the signal at Lenardo/I- 405 offramp is fully operational to accommodate the movements required by this project. Final Map shall be approved and recorded. Drainage/Grading plan 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. The Developer shall submit improvement plans 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. Off-site improvements (e.g., driveways, sidewalk, parkway drains, trees, curb/gutter, etc.) shown on the grading plans must provide a concurrent submittal to City of Carson Engineering Division. Off-site improvements may be shown on a separate set of street improvement plans. Prior to issuance of Grading permit, developer shall obtain clearance from City of Carson Engineering Division. Per CMC §9161.4, the Developer shall provide an in-lieu fee in an amount determined by the City Engineer, per CMC §9161.7, to be sufficient to cover the costs of undergrounding all existing overhead utility lines, including telecommunication lines, 12 Kilovolts. The cash in- lieu payment shall be deposited in full amount before issuance of Building Permits. 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 O7. 08. og. 60. 61. 62. 63. 64. 65. 66. The developer shall ensure the signal at the intersection of Lenardo Drive and the southbound !-405 offramp is operational, at the developer's expense, to the satisfaction of the City Engineer 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. 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. Comply with mitigation measures recommended by the water purveyor. 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. lf 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. All infrastructure necessary to serve the PA 3 Project (water, sewer, storm drain, and street improvements) shall be in operation prior to the issuance of Certificate of Occupancy of any building in PA 3. The Developer 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. The Developer shall execute and provide to the City Engineer, a written statement from the water purveyor 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. Comply with mitigation measures recommended by the water purveyor. The Developer 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. 67. 68. 69. 70. 71. 72. 73. All new utility lines, servicing the proposed development shall be underground to the satisfaction of the City Engineer. 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. Install striping and pavement legend per City of Carson PW Standard Drawings. If needed, 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 points 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. All infrastructures necessary to serve the proposed development (water, sewer, storm drain, and street improvements) shall be in operation prior to the issuance of Certificate of Occupancy. 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. The annexation shall be to the satisfaction of L.A. County and shall be completed prior to the issuance of Certificate of Occupancy. Additional streetlight installation or upgrade to existing streetlights may be required as part of the annexation. Relocate existing conflicting street light pole 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 74. fd. /6. TT. Per City of Carson ordinance 5809 and SUSMP 2009, 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. Applicant shall complete and provide a BMP Reporting Template to City of Carson, Engineering Services Department. 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. Applicant shall submit digital copies of 2009 SUSMP/LID/NPDES/Grading Plans concurrently to City of Carson, Engineering Services Department and Los Angeles County Building & Safety Division. 10 78. 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 79. 80. 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 addition, 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. Inspection will be conducted once a year after any portions of the Project are constructed. FIRE DEPARTMENT 81. 82. 83. 84. The proposed development for the Project shall obtain approval and comply with all Los Angeles County Fire Department requirements. Final Map Submit the Final Map for review and approval prior to recordation. Submittals are to be made at epicla.lacounty.gov. 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. Prior to building permit issuance, verification for compliance will be performed during the fire prevention engineering plan check unit architectural plan review. LOS ANGELES COUNTY DEPARTMENT PUBLIC WORKS 85. 86. Drainage Comply with the hydrology study. Comply with all of the City’s water quality requirements. Grading 11 87. Submit a grading plan for approval. Also, acknowledgment and/or approval from all easement holders may be required. 88. Prior to approval of the grading plan, provide approval of the latest hydrology study by the City. 89. 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. 90. 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 91. Construct driveway improvements (sidewalk, driveway, landings, etc.) that either serve or form part of a pedestrian access route and conform with current Americans with Disabilities Act guidelines. 92. Provide an irrevocable reciprocal easement through a separate recorded document for ingress/egress over any proposed common (shared) driveway to the satisfaction of the City Engineer. 93. Underground all new utility lines to the satisfaction of Public Works and Southern California Edison. Please contact Public Works, Construction Division, at (626) 458- 3129 for new location of any above ground utility structure in the parkway. 94. Prior to final map approval, enter into an agreement with the City-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. 95. Comply with the street lighting conditions from Public Works, Traffic Safety and Mobility Division, and/or any City street lighting requirements. 96. Comply with the City's road conditions. Sewer 97. 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. 12 Water 98. The Developer shall comply with the requirements as stipulated in the Will Serve letter from California Water Service. Subdivision 99. 100. 101. 102. 103. 104. 105. 106. Place a note on the final map, to the satisfaction of the City, indicating that this map is approved for add uses. If determined necessary by the Fire Department, label driveways, multiple access strips, and any required vehicular turnarounds as "private driveways and fire lanes" and delineate them on the final map to the satisfaction of the Fire Department and the City. If required by the City, reserve reciprocal easements for drainage, sewer, water, utilities, right to grade, and maintenance purposes, in a separate document over the common (shared) driveway. If applicable, relocate or quitclaim any easements interfering with building locations. Provide addressing information in Microsoft Excel format to the satisfaction of the City Engineer. lf required by the City, private easements shall 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 Registrar-Recorder/County Clerk's office. If easements are granted after the date of tentative approval, a subordination must be executed by the easement holder prior to the filing of the final map. A final guarantee will be required at the time of the filing of the final map with the Registrar-Recorder/County Clerk's office. 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 107. 108. The project area will be required to be annexed to the County Lighting Maintenance District serving the City of Carson. Therefore, submit a street lighting plan showing existing streetlight for the annexation process. Upon submittal of street lighting plans(s) (subdivision only), the applicant shall comply with conditions of annexation listed below 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 Works 13 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 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. Conditions of Annexation for County Lighting Maintenance District 109. 110. Provide business/property owners name, mailing address, site address, Accessor Parcel Number, and Parcel Boundaries in either Microstation or Auto CADD format of territory to be developed to Street Lighting Section. Submit map of the proposed project including any roadways condition for streetlights to Street Lighting Section. Contact Street Lighting Section for map requirements and/or questions at (626) 300-4726. Conditions of Acceptance for Street Light Transfer of Billing 111. The area must be annexed into the lighting district and all streetlight in the project, or the approved phase of the project, must be constructed according to Public Works approved plans. The contractor shall submit one complete set of “as-built” plans. The lighting district can assume the responsibility for the operation and maintenance of the streetlights by July 1st of any given year, proved the above conditions are met, all streetlight in the project, or approved project phase, have been constructed per Public Works approved plan and energized and the owner/developer has requested a transfer of billing 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. 14