HomeMy WebLinkAboutAGENDA REPORT 2000 1206 CC REG ITEM 09AITEM fl • 410 NOMMOMM
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MOORPARK CITY COUNCIlby:
AGENDA REPORT
TO: Honorable City Council
FROM: Wayne Loftus, Director of Community Development"
DATE: November 29, 2000 (CC Meeting of 12/06/2000)
SUBJECT: Consider General Plan Amendment (GPA) 99 -5 to Change
the Land Use Designation From C -2 (General Commercial)
to I -2 (Medium Industrial) and Zone Change 99 -5 to
Change the Zoning Designation From CPD (Commercial
Planned Development) to M -2 (Limited Industrial) on
the Application of Triliad Development, Inc.
(Continued from the City Council Meeting of 11/15/00)
DISCUSSION
This item was continued from the City Council meeting of
November 15, 2000, at the request of the applicant. The
proposed General Plan Amendment from C -2 (General Commercial) to
I -2 (Medium Industrial) applies to 10.75 acres of a 32.65 -acre
parcel and is part of a proposed Industrial Planned Development
involving up to 586,000 square feet of building area. The
subject property is located on the north side of Los Angeles
Avenue, west of the Southern California Edison substation, west
of Gabbert Road and will be bounded on the west by the proposed
Highway 118 Arterial Bypass.
A subdivision of single - family homes (Butter Creek) is located
across Los Angeles Avenue from this site, with Butter Creek Road
and Los Angeles Avenue creating an intersection approximately
1150 feet east of the future 118 Arterial intersection with Los
Angeles Avenue. Access to the future industrial development
will be available only at the intersection of the 118 Arterial
and Los Angeles Avenue because of the drainage channel that
separates Los Angeles Avenue from the project site.
The attached agenda report from the City Council meeting of
November 15, 2000, discusses several alternatives available to
the City Council to address the proposed change of land use and
Honorable City Council
November 29, 2000
Page 2
zoning which have been incorporated in response to City Council
concerns relating to truck traffic and compatibility of uses
with Butter Creek.
Also, attached is a document that has been prepared consistent
with Alternative No. 1 of the November 8, 2000, agenda report
that would limit certain uses on the entire proposed industrial
project comprised of 32.65 acres.
STAFF RECOMMENDATIONS
1. Open the public hearing, accept public testimony, and then
close the public hearing;
2. Consider the Negative Declaration prepared for the
requested General Plan Amendment and Zone Change prior to
making a decision on the General Plan Amendment and Zone
Change;
3. Approve staff report Alternative 1, including limitation of
the development rights as outlined.
4. Continue this item to December 20, 2000, to allow
preparation of the appropriate resolution and ordinance to
amend the General Plan and rezone the subject property.
Attachments:
1. Agenda Report (GPA 99 -5 and ZC 99 -5), dated 11/08/00
2. Draft Document - Limitation of Development Rights
IWOR_PRI_SERVICiry SharelCommunity DevelopmentlEveryonelCity Council Agenda Reportslcc- 001206 GPA 99 -05 City Council staff report.doc
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ITEM I'-� .
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Deborah S. Traffenstedt, Acting Director of
Community Development -:-P'�,IT
Prepared by Paul Porter, Principal Planner�-
DATE: November 8, 2000 (CC Meeting of 11/15/2000)
SUBJECT: Consider General Plan Amendment (GPA) 99 -5 to Change
the Land Use Designation From C -2 (General Commercial)
to I -2 (Medium Industrial) and Zone Change 99 -5 to
Change the Zoning Designation From CPD (Commercial
Planned Development) to M -2 (Limited Industrial) on
the Application of Triliad Development, Inc.
BACKGROUND
Description of Request
General Plan Amendment No. 99 -5 is a request to change the Land
Use designation on approximately 10.75 acres of a 32.65 -acre
parcel from C -2 (General Commercial) to I -2 (Medium Industrial).
The remainder of the property is designated I -2 (Medium
Industrial). Zone Change No. 99 -5 is a request to change the
zoning designation on approximately 10.75 acres of a 32.65 -acre
parcel of land from CPD (Commercial Planned Development) to M -2
(Limited Industrial).
The subject property is located on the north side of Los Angeles
Avenue, west of Gabbert Road and the Southern California Edison
substation, and northwest of the intersection of Butter Creek
Road and Los Angeles Avenue.
Planning Commission Action
On September 25, 2000, the Planning Commission recommended to
the City Council approval of General Plan Amendment 99 -5 and
Zone Change 99 -5.
ATTACHMENT I ����s
Honorable City Council
November 8, 2000
Page 2
Applicant's Submittal for Industrial Planned Develooment Permit
Nos. 99 -5 thru 10
The current property owner has submitted six (6) Industrial
Planned Development Permits for six (6) industrial buildings
(Industrial Planned Development Permit Nos. 99 -5 - 99 -10) . The
applications for Industrial Planned Development Permits Nos. 99-
5 - 99 -10 have not yet been deemed complete. These industrial
Planned Development Permits are a request to construct six (6)
buildings in a Corporate Business Park environment. Two
building layouts have been submitted for review for each iot for
the purpose of setting the minimum and maximum office space
(mezzanine area) and parking stalls for each lot. As proposed,
access to the site would be from Los Angeles Avenue to the
proposed north -south arterial connector located along the west
property line to a cul -de -sac. The proposed north -south
connector will link the Highway 118 bypass to Los Angeles
Avenue. This north -south connector will also provide access to
Highway 118 for the remaining industrial zoned parcels located
to the west of the subject site.
Each of the two building sizes submitted for each of six (6)
proposed lots have similar building elevations with an
alternative building footprint and parking ratio depending on
the type of industrial user, which allows for tenant
flexibility. The total square footage of the six (6) buildings,
as proposed, ranges from 558,122 to 595,878 square feet.
DISCUSSION
On October 18, 2000, a public hearing was held by the City
Council on this proposed General Plan Amendment and Zone Change,
in conjunction with General Plan Amendment (GPA) No. 99 -2 and
Zone Change (ZC) 99 -4 on the application of Pacific Communities,
based on the limitation of General Plan Amendments that can be
considered per year. The City Council took action to approve
GPA 99 -2 and ZC 99 -4 on the application of Pacific Communities,
as there was no objection regarding the change from commercial
to residential uses, and directed staff to advertise GPA 99 -5
and ZC 99 -5 for the City Council meeting of November 15, 2000.
WOR —PR! SERV ty ShamICommunrt Develo p menAEveryonl City Cound Agenda Re p
odslcc- 001115 Tiiliad DTy Council staff reportdoc
CC" 111)019
Honorable Cif;.. Council
November 8, 200
Page 3
Concerns were expressed by the public and the City Council at
the October 13 meeting regarding changes to the General Plan
designation from C -2 to I -2 (GPA 99 -5) and a change in zoning
designation from CPD to M -2 (ZC 99 -5) related to compatibility
of the types of industrial uses allowed in the M -2 Zone with the
residential property located south of Los Angeles Avenue in the
area of Butter Creek Road, and the potential for increased truck
traffic along State Route 118.
General Plan r.- nendment and Zone Changes Alternatives
In an effort to address Council concerns relating to compatible
uses and truck traffic, staff suggests a review of the following
alternatives:
1. Approval of requested General Plan and Zone Change, with
Dedication of Development Rights Agreement for the entire
32.65 -acre parcel, and through the development plan process
design the project to limit uses which might produce
significant amounts of truck traffic.
This option would require an Agreement between the property
owner and the City whereby M -2 zoning would be approved subject
to the property owner providing an acceptable "Offer of
Development Rights" which would limit the types of uses on the
32.65 -acre property. This agreement would limit uses on the
property to those deemed compatible with the surrounding
properties and deemed acceptable to the City. The Agreement
could be structured so as to not affect the City's right to
rezone the property in the future, or the property owner's right
to petition the City for consideration to amend the agreement in
the future.
Specific issues related to the initiation of specific uses and
structures would be subject to site plan review through the
Industrial Planned Development (IPD) review process. Through
the site plan review process, buildings could be required to be
designed to consistent with the goal of limiting truck traffic,
such as limiting the number of loading bays and bay doors,
limiting square footage devoted to warehousing and manufacturing
uses, and increasing both the square footage for office uses and
I MOR_PRI SERtACdy SharelComnuni y DevefoprmntlEveryonelCJy Courid Agenda Reporfs5ca001115 Tf fiad City Counoff staff report.doc
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Honorable City Council
November 8, 2000
Page 4
the number of employee parking spaces. This would further
ensure that truck dependent uses, such as distribution
facilities, would be precluded.
This alternative would serve the purpose of limiting uses to
those which are more employee intensive and less dependent on
large trucks. with this option, the City Council would need to
concurrently act on the aforementioned Development Rights
Agreement.
2. Consider General Plan Amendment Land Use Designation of I -1
(Light Industrial) and zoning designation of M -1
(Industrial Park District).
This alternative would allow for approximately 10.75 acres of a
32.65 -acre parcel to have a General Plan Designation of I -1 and
Zoning Designation of M -1 with the remainder having a General
Plan Designation of I -2 and Zoning Designation of M -2 or the
entire 32.65 -acre parcel could be considered for I -1 and M -1.
This alternative would provide additional area for development
of light industrial, technical research and related business
office uses in an industrial park context, in conjunction with
the stringent standards of building design, noise, landscaping
and performance.
This alternative would not be consistent with the existing I -2
General Plan land use designation and M -2 zoning for the
properties located to the north, east and west of the site, and
would be inconsistent with the applicant's proposed site plan
layout for the buildings proposed for Industrial Planned
Development Permit Nos. 99 -5 - 99 -10.
In addition, this alternative would require that the matter be
referred back to the Planning Commission for consideration. If
this option is selected, the General Plan Amendment, Zone
Change, Industrial Planned Development Permits and Tentative
Tract Map could be processed concurrently.
tWOR -PR! SERACity SharelCommuno OevebpmenriEveWe4City Council Agenda Reportslcc-001115 TOW City Council staNreport.doc
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Honorable City Council
November 8, 2000
Page 5
3. Maintain the General Plan designation of C -2 (General
Commercial) and CPD (Commercial Planned Development).
This property was the subject of a General Plan Amendment from a
land use designation of I -2 to C -2 and a change in zoning from
M -2 to CPD in 1992, as a result of a request from the then
property owner, Bugle Boy Industries. The reason for this
change on approximately 10.75 of the total 32.65 acres was to
accommodate future retail sales of on -site manufactured
products. As such, the commercial designation was appropriate as
it gave Bugle Boy Industries a mechanism to sell goods
manufactured at their facility. The site has since been sold to
a developer who intends to utilize the entire site for
industrial purposes.
Maintaining the existing commercial land use designation would
be inconsistent with the designation of the surrounding
properties to the north, east and west and would allow
commercial uses in an area where no other commercial activities
exist. There would be no direct access to Los Angeles Avenue
for the property and little or no visibility from the street,
which are both important to commercial users.
For the Council's information, the Municipal Code currently
allows Retail Sales in the M -1 and M -2 Industrial Zones under
the following provision: a) The areas used for retail may not
exceed twenty percent (20 96) of the entire floor area of the
building; b) In the case of an industrial complex under a
single cumulative floor area of all buildings, twenty percent
(20 %) of the cumulative floor area may be used by any one (1)
building for retail use; and c) Temporary retail sales may be
allowed under the provisions of a temporary use permit and
verification of a State Board of Equalization seller's permit.
The temporary permit shall be granted upon the stipulation that
the sales activity occur no more than once per month and not on
more than three (3) consecutive days.
Based on the above factors, staff does not recommend maintaining
the C -2 land use designation and CPD zoning for the 10.75 -acre
portion of the 32.65 -acre parcel.
IVNOR—PRI SERVICity SharelCommunity DevelopmenAEveWelCity Council Agenda Reportslcc-0Q1115 7riliad City Council staff report.doc
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Honorable City Council
November 8, 2000
Page 6
4. Approve the General Plan Amendment and Zone Change as
submitted.
With this alternative, the City would have limited ability to
noz allow an M -2 Zone permitted use, such as a distributicn
center that typically has more truck traffic than other types of
industrial uses. The decision - making body could minimize
potential undesirable uses, which would be heavily dependent on
truck traffic, through the Industrial Planned Development Permit
process for the design of the buildings and site layout.
STAFF RECOMMENDATION
1. Open the public hearing and accept public testimony;
2. Consider the Negative Declaration prepared for the
requested General Plan Amendment and Zone Change prior to
making a decision on the General Plan Amendment and Zone
Change;
3. Approve staff report Alternative 1 and continue the Public
Hearing (open) to December 6, 2000; and
4. Direct staff to: Prepare the Dedication of Development
Rights Agreement for the entire 32.65 acre parcel, bring
back the Resolution for approval of General Plan Amendment
No. 99 -5, and the Ordinance for Zone Change No. 99 -5 for
the City Council meeting on December 6, 2000.
Attachments:
1. General Plan Map
2. Zone Change Map
11MOR—PRI SERV1City SharelCommunity DevelopmentlEvegwelCdy Couned Agenda Reportslcc -001115 Triliad City Councd stall iepatdoc
C11-011 C 012<13
GENERAL PLAN AMENDMENT NO. 99 -5
1
C -2 (GENERAL COMMERCIAL) TO 1 -2 (LIGHT INDUSTRIAL)
10.75 ACRES OF A 32.65 ACRE PARCEL LOCATED ON LOS ANGELES
AVENUE LOCATED WEST OF THE EDISON SUBSTATION
ASSESSOR PARCEL NO. 500 -0- 340 -08
ATTACHMENT 1
c�Wi24
cn
ZONE CHANGE NO. 99-5
y 0 11 11
1 t GLEN T.
POPPYGLE fo
CT.
r-
CPD (COMMERCIAL PLANNED DEVELOPMENT) TO M-2 (LIGHT
INDUSTRIAL)
10.75 ACRES OF A 32.65 ACRE PARCEL LOCATED ON LOS ANGELES
AVENUE WEST OF THE EDISON SUBSTATION
ASSESSOR PARCEL NO. 500-0-340-08
ATTACHMENT 2 0 0 2 5
RECORDING REQUESTED BY:
City Clerk, City of Moorpark
WHEN RECORDED MAIL TO:
City Clerk, City of Moorpark
799 Moorpark Avenue
Moorpark, California, 93021
COVENANT RUNNING WITH THE LAND
THIS COVENANT is made this _ day of , by and between Triliad
Development, Inc., ( "Covenantor ") and the City of Moorpark ( "Covenantee ").
WHEREAS, Covenantor is the owner of certain real property totaling 36.25 acres and
located on the north side of Los Angeles Avenue north of the intersection of Butter Creek Road
and Los Angeles Avenue in the City of Moorpark, County of Ventura, more particularly
described in Exhibit "A" attached hereto and made a part hereof ( "the Covenantor Property ") ;
and
WHEREAS, Covenantee is the owner of certain real property at 799 Moorpark Avenue,
in the City of Moorpark, County of Ventura, more particularly described in Exhibit "B" attached
hereto and made a part hereof ( "the Covenantor Property ") , and
WHEREAS, Covenantor seeks to have 10.75 acres of the Covenantor Property rezoned
from CPD (Commercial Planned Development) to M -2 (Limited Industrial), but acknowledges
that some of the uses that are presently, or may subsequently be, allowed by right or permit in the
CPD zone are, or may be, inappropriate uses for the Covenantor Property because of its
particular location; and
WHEREAS, Covenantee is willing to rezone 10.75 acres of the Covenantor Property
from CPD (Commercial Planned Development) to M -2 (Limited Industrial), but for the concern
that some of the uses that are presently, or may subsequently be, allowed by right or permit in the
CPD zone are, or may be, inappropriate uses for the Covenantor Property because of its
particular location;
NOW, THEREFORE, in consideration of the mutual promises of the parties to this
Covenant, each to the other as Covenantor and Covenantee, and expressly for the benefit of, and
to bind, their successors in interest, the parties agree as follow:
1. Covenantee agrees to adopt an ordinance rezoning 10.75 acres of the Covenantor
Property from CPD (Commercial Planned Development) to M -2 (Limited Industrial).
Page 1
CC�; () 2. 6
2. Covenantor agrees that, commencing on the effective date of the ordinance rezoning
10.75 acres of the Covenantor Property from CPD (Commercial Planned Development) to M -2
(Limited Industrial), the entire 32.65 -acre Covenantor Property shall be used for the purposes
shown in Exhibit "C ", which exhibit replaces Table 17.20.060 of the Moorpark Municipal Code
for the Covenantor Property described in Exhibit "A ". Covenator and Covenantee agree that a
legal and conforming industrial business already located in Moorpark as of January 1, 2001, shall
be considered a permitted use for the Covenantor Property, subject to all applicable requirements
of Title 17, Zoning, of the Moorpark Municipal Code. Covenator and Covenantee further agree
that the uses permitted for the Covenantor Property shall be further restricted to having no more
than twenty -five percent (25 %) of the total floor area for each building used for warehouse
distribution, and that an exception shall be authorized for those businesses located in Moorpark
as of January 1, 2001, which exception shall be a restriction of no more than sixty percent (60 %)
of the total floor area for each building shall be used for warehouse distribution.
3. Covenantor and Covenantee agree that, commencing on the effective date of the
ordinance rezoning the Covenantor Property from CPD (Commercial Planned Development) to
M -2 (Limited Industrial), all uses not specified in Exhibit "C" hereof that are presently allowed,
or that at any time in the future may be allowed, in the M -2 (Limited Industrial) zone, whether by
right or by permit, shall be deemed transferred from the Covenantor Property to the Covenantee
Property for the benefit of the Covenantee Property.
4. Covenantor and Covenantee agree that from time to time Covenantee may substitute
any other property owned by Covenantee on the date of the substitution for the Covenantee
Property ( "the Substitute Covenantee Property ") without the consent of Covenantor by the
recordation of an amendment to this Covenant. The amendment shall describe the Substitute
Covenantee Property and shall provide that, commencing on the date of recordation of the
amendment, all uses not specified in Exhibit "C" hereof that are presently allowed, or that at any
time in the future may be allowed, in the M -2 (Limited Industrial) zone, whether by right or by
permit, shall be deemed transferred from the Covenantor Property to the Substitute Covenantee
Property for the benefit of the Substitute Covenantee Property.
5. All of the covenants, restrictions, and limitations set forth herein shall run with the
Covenantee Property and the Covenantor Property and shall benefit and bind all persons,
whether natural or legal, having or acquiring any right, title, or interest in any portion of the
Covenantee Property or the Covenantor Property. Each grantee of a conveyance or purchaser
under a contract of sale or similar instrument that covers any right, title, or interest in or to any
portion of the Covenantee Property or the Covenantor Property, by accepting a deed or a contract
of sale or similar instrument, accepts the conveyance or sale subject to, and agrees to be bound
and benefited by, all of the covenants, restrictions and limitations set forth herein.
6 . Nothing in this Covenant shall be construed so as to limit the right of Covenantee to
rezone, or the right of Covenantor to petition Covenantee to rezone, the Covenantor Property in
the future.
Page 2
C .: G `�
7. This Covenant shall remain in full force and effect until such time as an ordinance
rezoning the Covenantor Property from M -2 (Limited Industrial) to another zone designation
becomes effective.
8. This Covenant may be enforced by proceedings at law or in equity against any person
who violates or attempts to violate a covenant, restriction or limitation hereof. The prevailing
party shall be entitled to recover such attorneys' fees and court costs as it reasonably incurs in
such a proceeding.
9. In the event any provision of this Covenant is found to be invalid or unenforceable in
any proceeding at law or in equity, such finding shall not affect the other provisions of this
Covenant, which shall remain in full force and effect.
10. Either party may record in the office of the Recorder of Ventura County this
Covenant or any amendment hereto specified in Paragraph 4 hereof without the consent of the
other party.
IN WITNESS WHEREOF, Covenantor and Covenantee have executed this Covenant on
the date first above written.
COVENANTOR COVENANTEE
Patrick Hunter
Triliad Development, Inc. Mayor
Page 3
�1 i�1
EXHIBIT "A"
LEGAL DESCRIPTION FOR COVENANTOR PROPERTY
Page 4
EXHIBIT "B"
LEGAL DESCRIPTION FOR COVENANTEE PROPERTY
That portion of Lot U in Tract L of the Rancho Simi, in the
County of Ventura, State of California, as said Lot U is shown
on the map recorded with the County Recorder of said County
in Book 5, Page 5, of Miscellaneous Records, described as
follows:
The parcels of land described in the deeds recorded June 19,
1978, with said County Recorder as Document No. 62510 in
Book 5142, Page 421, of Official Records, and as Document
No. 62511 in Book 5142, Page 424, of Official Records,
Except the following described Tract A and Tract B:
Tract A
Beginning at the intersection of the westerly boundary of
the portion of Moorpark Avenue (State Highway 23), 60.00 feet
wide, as shown on said map, with the westerly prolongation of
the centerline of Charles Street, 60.00 feet wide, as shown on
said map; thence, along said westerly prolongation,
1st - West 35.00 feet to the beginning of a tangent curve,
concave northeasterly and having a radius of 80.00
feet; thence,
2nd - Westerly and northwesterly along said curve a dis-
tance 62.83 feet through a central angle of 45 00010011 ;
thence, tangent to said curve,
3rd - North 45 000100" West 25.00 feet; thence, at right
any leg,
4th - South 45 000'00" West 20.00 feet; thence,
5th - West 42.11 feet to a point; thence,
6th - Southerly
northwest
radial of
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24 .98
t',ence,
and southwesterly along a carve, concave
Orly and having a radius of 105.0 feet, the
which from said point be=ars ties`_, a distance
feet through a central angle of 68 °11'55";
C"'0030
7th - South 33.93 feet to the southerly boundary of said
parcel of land described in'the deed recorded in
Hook 5142, Page 424, of Official Records; thence,
along said southerly boundary by the following three
courses:
8th - East 80.00 feet; thence,
9th - South 10.00 feet; thence,
10th - East 151.50 feet to the westerly boundary of said
portion of Moorpark Road; thence, along said westerly
boundary,
11th - North 114.45 feet to the point of beginning,
Except the following described parcel of land:
Beginning at the easterly terminus of the above 1st course,
recited as "West 35.00 feet... "; thence, along said 1st course
and the above 2nd, 3rd and 4th courses by the following four
courses:
1st - West 35.00 feet to the beginning of a tangent curve,
concave northeasterly and having a radius of 80.00 feet;
thence,
2nd - Westerly and northwesterly along said curve a distance
of 62.83 feet through a central angle of 45 °00'00 ";
thence, tangent to said curve,
3rd - North 45 °00100" West 25.00 feet; thence, at right angles,
4th - South 45 000'00" West 20.00 feet to a point; thence,
5th - Easterly and southeasterly along a curve, concave
southwesterly and having a radius of 20.00 feet, the
radial of which from said point bears South, a distance
of 15.71 feet through a central angle of 45 °00' 00" ;
thence, tangent to said curve,
6th - South 45 000'00" East 26.21 feet; thence,
7th - Southeasterly and easterly along a tangent curve,
concave northeasterly and havinc a radius of 60.00 feet,
a distance of 47.12 feet throuch a central r:c12 of
45 °00'00 "; thence, tangent to said curve,
8th - East 48.29 feet to the westerly boundary of said portion
of Moorpark Road, 60.00 feet wide; thence, along said
westerly boundary,
C€q
9th - North 15.00 feet to the point of beginning,
Tract B
Beginning at the northwesterly terminus of the 3rd course,
recited as "North 45 °00'00" West 25.00 feet ", in the above
description of Parcel A• ' thence, at right angles to said 3rd
courser North 45 °00'00 " East f6.00 feet to a point in a line
which is parallel with and distant 16.00 feet northeasterly
from said 3rd course; said point is the True Point of Begin-
ning; thence, along said parallel line,
1st - South 45 000100 ". East 24.00 feet; thence,
2nd - North 14000100" West 2.50 feet to the beginning of a
tangent curve, concave southerly and having a radius
.of 5.00 feet; thence,
3rd - Northerly, northeasterly, easterly, southeasterly, and
southerly along said curve a distance of 15.01 feet
through a central angle of 172 °00' 00" ; thence, tangent
to said curve,
4th - South 22 000100" East 21.00 feet; thence, at right angles,
5th - North 68 000100" East 28.00 feet; thence, at right angles,
6th - North 22 °00' 00" West 21.00 feet to the beginning of a
tangent curve, concave southeasterly and having a radius
of 5.00 feet; thence,
7th - Northerly, northeasterly, and easterly along said curve
a distance of 7.85 feet through s central angle of
90'00'00"; thence, tanoent to said curve,
8th - North 68 000'00" Fast 8.00 feet; thence,
9th - North 24.00 feet; thence,
10th - North 51 000'00" �,est 19.00 feet; thence,
17.t11 - South 68 °00100" West 54.68 feet; thence, at right angle:,
12th - South 22 °00100" East 22.41 feet to the beginning cf a
tangent curve, concave n=thwesterly and having a rid: s
of 3.00 feet, the nort;-,�.�esterly terminus of which passes
through the True Point of Beginning; thence,
13th - Southerly, south•.,ester'_,,.,, westerly, and northwesterly
a distance of 8.25 feet through a central angle of
157 030100" to the True Point of Beginning.
4
As a condition precedent to this conveyance, the above described ,
Parcel 8 shall be used exclusively and continuously by the
Grantee for the purpose of a Community Center Facility of not
less than 9,630 square feet of floor area until March 1, 2004.
In the event that a Community Center Facility of not less than
9,630 square feet of floor area is not continuously and exclu-
sively operated on the property until March 1
above described property 2004, the entire
thereon, regardlesspof when constructed, belsubPectements
the Grantor's power of termination in the above real subject reserves Grantor's right to re -enter and take full y
session of said property if the above condition subsequent
not met.
Grantor also reserves and excepts from the above described
Parcel 8 the right of non - exlusive use of all driveways and
public parking areas for access and vehicular arkin
on such property regardless of when constructed. g Purposes
Grantee is granted the right of non- exclusive use by the public
for vehicular parking of the ublic
described Tract B of Parcel gp Parking area on .the above
As a covenant of the conveyance of the above - described Parcel 8
Grantee promises to meet certain restrictions, as Grantor's
successor in interest, as set forth in Exhibit A, hereto,
to Federal and State funding assistance that was received bye
Grantor for purchase and development of facilities on Parcel
As a covenant of the conveyance of all of the above described
parcels, Grantee
promises to meet all requirements for ex-
penditure of Quimby Trust Funds and use of dedicated
as required by State law and County ordinance. as
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CITY OF MOORPARK
Assessor's Map 8k. 511 , PQ 05
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CITY OF MOORPARK
Assessor's Map 8k. 511 , PQ 05
EXHIBIT "C"
PERMITTED USES FOR COVENANTOR PROPERTY DESCRIBED IN EXHIBIT "A"
Section 17.20.060 Permitted uses in commercial and industrial zones.
Permitted uses in commercial and industrial zones are set out in Table 17.20.060.
Note: All uses located in the M -1 and M -2 zones which at the property line are adjacent to
residentially zoned property shall require a city council- approved conditional use permit prior to
occupancy of the building.
The key for Table 17.20.060 is as follows:
[Blank] Not permitted
0% Permitted by zone clearance
M Planning commission- approved planned
development permit
City council- approved planned development
permit
(D Planning commission - approved conditional
use permit
City council- approved conditional use permit
Administrative permit required
> Temporary use permit
Table 17.20.060
PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES
C2
CO Cl CPD M1 M2 I C -OT
Aif fields and landing pis and-stfips, pr-ivate P (D 4) 1
Alcoholic beverage9
Establishments selling beer and/or wine with an eating place
Establishments selling alcoholic beverages other than beer
and wine with an eating place
r MUSefficiri afid -recrzatieital facilities (see definitions in Gh. I7 ,08' 111
Amusement par-ksfllld cam Wails ( dP
Batting
dFiVi lg ranges-, indoor
eages and
-Bieyele tFaeLs
gelf
---- moing
Wealct
outdoer
d 4lit1911S)
4 p --
r
zlub +a�mcaslti-Fsee
ef
danee studies
v r�v
114 114
.4artial arts and
44etion
theaters. +(drive in)
—
� �8
piePafe
°acct;acR
outaoer-
PROW BI
,ter
crt
n;otilr;zed vchleleS sl}eettng
betanical
FangQs any' stadiums
M lyl
galleries, museums
Automobile serviee stations
B d fl
and gardens
1 W4 es and ins itutio
M N4
- M M M- Ni
aPAE elated
[itzmc$-aiiv -r' related
Barbee haiFstylists,
M
manictir
-ists
Page 10
CIrN v a.�'rlia�J
C2
CO C1 CPD M1 M2 I C -OT
+
u Das '
M N4 ",R
p
and residential
-
a) q)
-M
N4
fi
...effnediate
Fare facilities, Fes Q or moFe persons (Day)
—�
�
Car washes, self sel•v-iee or- autematie
GefnefeFies, ,.l.,..,baria , .,d mauseleums
)
-�
Cremate
342
—G�1
Dag and catgreeffti-ng
a g' M A4
4)
4)
{ CD
b a
Ckibhouses
cp
— With aleehehc beverages
—N4
M
0
-4) _0 -0
0
Clubprejeets, ternp0rafj Outdoor
Cl'
0 0
CE}
Communications facilities
Radio and television broadcasting stations
CONIfeFenee
0 (D 0
(1)
ch
(D
M
-0
(D (D 0
M 0 0
Comr-acter service and storage yards and buildings
rp
cA
M
Crop production°
FiFeNk ood operatiens
4O 4
0% 0� DO
4O
04
OGQ
Uses and struetures, aeeesser-y
}
�*
-- r1welli it aria' %yorkef: (maximum let`
CP
M
One Per
Fuel
fi
AQ
terage°
M
GO
—G4
--
%4
GO
—�
34a
342
—G�1
Dag and catgreeffti-ng
M
G4
l3resslnal . tailor shops
-and
Drilling, temporary geologic (testing only)
0
rp
M
14- welling- for superintendent or- owner
Dwelling, caretaker
}
�*
Education and training
College-, and univer pities
CP
M
fi
--- Schools: Eleme...an-I =''
M
M
A4
M
1N4
0
Schools: Professional, vocational, art, craft and self - improvement
4)
(D
M
M
Energy production from renewable sources
0
Festivals and similar events, temporary outdoor
(D
(D
>
GAHPrnmerst titii iIICTe'TCI[[Q [I[t,
i'14
c1 c"Iiechenal insCtEut }ens
214
tY4
ly4
_fir
Fire stations
M
M
M
Libraries and information center
ED
Grading° O%
04
04
04
OO
Within an overlay zone
SEE CHAPTER 17.36
Grading not in conjunction with a development project
Less than 5,000 cubic yards
04
More than 5,000 cubic yards
1lealth elablg��na ,ium (see definitions'
Health Jel �[�ej JOC t Qj'professional e' Ees and outpatient FlIn les
M
M
M
—N.4
C
Page 11
C V C3 tt
C2
CO Cl CPD M1 M2 I C -OT
lnbalanee se£viees CD M M q�
- 4) 4)
letel,, motel , and bed and breald'a ;t inns :4 A4
Kennels (animal hospitals, bearding and grooming small animals)
Laboratories: research and scientific M M
Medical and dental M M M M
Laundry service Elaundromats;
1T atln&y serti iee Flight; — N
Libraries and iitle£mation center M M Ni
Assembly, exhibits demens"tion
Manufacturing industries
Apparel and related products M M
B£essmaking and tailor shops A,4 An
Drugs, pharmaceuticals, perfumes, cosmetics and the like M M
Soaps, deter-gents and ele
Electrical and electronic machinery, equipment and supplies M M
Batteries 4)
Household appliances a) M
Transmission and distribution equipment, and industrial apparatus (D M
Food and related products (D M
Bakery products M M
-)
SlaughteFing; refining, and rendering of animal fats and oils
Su v refining ar Furniture and related fixtures M
Instruments: measuring, analyzing and controlling
Jewelry, silverware and plated ware
l.aut& senviee l^-ematsb
Laundry service-- light6
Leather and leather products
Lumber and wood products and processes
Cabinet work
b
Cn.,iviills and planing mills
Machinery, except electrical
Office, computing and accounting machines
Metal industries, primary
Rolling, drawing and extruding
Metal products, fabricated
A n :e:
Machine shops
Plating, polishing, anodizing, engraving and related operations
Page 12
M M
M M
M
M M
M
M N:
M
M M
d) M
C2
CO C1 CPD M1 M2 I C -OT
Musical instruments, including pianos and organs M M
Paper and related products
Products from paper and paperboard, including containers M M
Pens, pencils and other office and artists' materials M M
Personal goods M M
Photographic, medical and optical goods, and watches and clocks M M
Printing, publishing and related industries M M
Print shops (up to 1,500 sq. ft. of gross floor area) M
Rubber and plastics products Q)
Signs and advertising displays M M
Stone, clay and glass products (D
Glass products, made of purchased glass M M
sandblasting, Rock epashiBg and platits
Toys and amusement, sporting and athletic goods M M
Transportation equipment 4)
Motorcycles, bicycles and related parts M
MaFiia-1 art,; and donee studios Ni
Mineral resource development
Mining and accessory uses'
Less than 9 months in duration 4) tp
Public works maintenance
Oil and gas exploration and production'
Motion picture and TV production, and related activities and structures (D ( pp (D (D (p a) cp
Temporary (maximum 47 days in any 180 -day period)) 4 04 OD d� 04 04 >
Offices: business, professional and administrative, except health and
veterinary M M M M (D M
Optical goods
political, labeF, tFade-,
PaFkS pttblie
0%
Parking lots M M M M M
PUt
1?heteeep�veltiiei� printers 44
PIIOIOAHishln�- (l WUFPhAFH`
Pipelines and transmission lines, aboveground Q�
Rtedtteestands. retail >
Propulsion (engine) temin
Public utility facilities4 rp (D (D (D cp (D cp
Offices only M M M M M (D M
Service yards M
Reeflrdin; studios and sound stages N4 41) A�
Page 13
\: iI Ali4 4
C2
CO C1 CPD M1 M2 I C -OT
Rental and leasing of durable goods cp
- -- Bieye-le rental --;�
Repair and reconditioning services (D 4) M
AU18Mebiie body work and painting 4) cta
"titeniabile repaiF. including eoRTenent- repa:f 4z CD M
Electrical and electronic machinery and equipment M M
Instruments, including musical instruments M M
Office, computing and accounting machines M M
Photographic and optical goods M M
Repair of personal heeds saeh as jewelry. shoes and- saddlet-y M M
Restaurants, cafes and cafeterias
Restaurants, cafes and cafeterias' temporary outside eating M M M M
Retail tFade (see definitions iH Chapter- 17.08) ineludes retail enly
-- nurse, -:es and exel„des 1umbeF and build:......+..teFials sales yards
M
M
paN"shops and liquor steres 1�
Quideer -sales area
Outder sales area temperaff
.rt
Lumber and building materials sales yards
-- Uses and smietures, aeeesset•5, S14 PRINIWPAI US1,
— 0 ado or- ales and s e tea, per-af- � (see definitions'
- -- Repair of-predaetsr-etailed 04 —�
yards, b .. yards
Service establishments
Business (see definitions)
M M
M
Auction halls, not involving livestock
(D
4)
M
0
Disinfecting and exterminating services
(D
cp
(D
a)
Exhibits, building of
M
M
Sign painting and lettering shops
Personal definitions)
M
M
M
(see
Signs (See also Section 17.20.040 and Chapter 17.40)
-lam —M
0� 00 40
04
40
04
DO
04
DO
04
Freestanding off -site advertising signs
44anspol-tationsen lees (see definitions` 4) - -M
Bats and gain tei-minals 4) 4)
c t,.,.l, yafd.
—k sten3ge. eveitighE pO p M
Trees and native vegetation: removal, relocation or damage° OO 04 Oh 04 0%
Within an overlay zone SEE CHAPTER 17.36
Page 14
C2
CO C1 CPD M1 M2 I C -OT
Uses and structures, accessory SEE PRINCIPAL USE
Dwelling, for superintendent or owner � d�
Dwelling, caretaker
G�e- nee -kites: tz»e�fe�r
Recreational facilities, restaurants and cafes: for employees only
Retail sale of products manufactured on-site
Temporary buildings during construction' 04
..,,.,.ination clinics, o 4 A� Aft
VeIe 1i
Warehousing and storage, including ministorage
— , c . , s a..a Q =e z :nom
Building materials, : indoor
9�leef
nom.,,, and .. (butane, p _ o LPG, ete ). a ..wives and
b� > _
C.. .L
W��r4i
1
M M
M M
I�re�dtlHr�flliFelliC -leS –pp—pp -�pp�pp
Storage of building materials, temporary o4 04 04 04 0�1
Waste -tom
�,7el;no facilities and eenters th-- -M �
Water production, storage and distribution facilities: Private purveyors 4'e � OQ �
Wholesale trade M M
>~FitilegtCVf-gnivcxrs, nixixixax exhibits and Fen3iiiere }al aElkiarfFii3 }S
Notes for Table 17.20.060:
1. There are specific regulations for this use; see Chapter 17.28.
2. If there is an existing planned development permit for the site, the school facility could be permitted
by approval of a modification to the existing permit.
3. For M -1, M -2 and C -O zones, a school facility would only be permitted where sponsored by or
permitted within an industrial or commercial use on the same site.
4. See also Section 17.20.040.
5. Churches located in existing buildings with an approved planned development permit will require a
modification to that permit.
6. If existing industrial building has approved IPD, restaurant will require approved minor modification
to IPD.
Restaurants with temporary outside eating facilities shall receive a modification to the planned
development permit.
Most public water facilities are exempt from these regulations.
The establishment must be an otherwise permitted or conditionally permitted use in the zone.
(Ord. 247 § I (E), 1998: Ord. 234 § 2, 1997; Ord. 233 § 3, 1997; Ord. 209 § 3, 1995; Ord. 200 § 3
(part), 1994; Ord. 189 § 3 (8105 -5), 1994)
Page 15