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HomeMy WebLinkAboutAGENDA REPORT 2019 0423 REG PC ITEM 08ACITY OF MOORPARK, CALIFORNIA Planning Commission Meeting of April 23, 2019 ACTION: Approved Staff Recommendation, Including Adoption of Resolution No. PC -2019-638. BY: J. Figueroa Item: 8.A. A. Consider a Resolution Recommending to the City Council Approval of Tentative Parcel Map No. 2019-01; a Request to Subdivide a 6.96 Acre Developed Parcel at 140-146 Los Angeles Avenue (Tuscany Square Shopping Center) Into Five Parcels and Making a Determination of Exemption Under CEQA in Connection Therewith, on the Application of Bret B. Bernard, AICP (For Milan Capital Management). (continued open public hearing from March 26, 2019) Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC -2019-638 recommending to the City Council conditional approval of Tentative Parcel Map No. 2019-01. Item: 8.A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Freddy A. Carrillo, Associate Planner II DATE: 4/23/2019 (Continued from 3/26/2019 PC Meeting) SUBJECT: Consider a Resolution Recommending to the City Council Approval of Tentative Parcel Map No. 2019-01; a Request to Subdivide a 6.96 Acre Developed Parcel at 140-146 Los Angeles Avenue (Tuscany Square Shopping Center) Into Five Parcels and Making a Determination of Exemption Under CEQA in Connection Therewith, on the Application of Bret B. Bernard, AICP (For Milan Capital Management) BACKGROUND On May 2, 2018, Bret B. Bernard, AICP (for Milan Capital Management) submitted an application for Tentative Parcel Map No. 2019-01 for the subdivision of a 6.96 acre parcel developed with four commercial/retail buildings and a surface parking lot at 140- 146 Los Angeles Avenue in the Tuscany Square Shopping Center. The parcel map would create five separate parcels for the shopping center, including a parcel for the parking lot. The applicant originally submitted a parcel map requesting to create seven parcels, subdividing the major building into three parcels. However, due to the complexities of physically creating three separate occupancies through fire rated walls, parapets, utilities, etc., the applicant revised the request to maintain this building on a single lot, after public notices were sent. Since this was a reduction in lots, new public notices were not required. On March 26, 2019, the Planning Commission opened the public hearing on this item and continued this item with the public hearing still open to April 23, 2019, at the request of the applicant. There was no staff presentation or public comments. 1 Honorable Planning Commission April 23, 2019 Page 2 Generally, a Tentative Tract Map (TTM) is required when subdividing a property under common ownership into five or more parcels. However, a property zoned industrial or commercial with approved access to a public street or highway can be subdivided through a Tentative Parcel Map (TPM). Parcel maps require the Planning Commission's recommendation for approval to the City Council, with the City Council being the final decision -maker. DISCUSSION Project Setting Existing Site Conditions: The 6.96 acre lot is within the Tuscany Square shopping center located south of Los Angeles Avenue and west of Moorpark Avenue and east of Park Lane. The Moorpark Grove shopping center sits between Park Lane and Tuscany Square. The center is improved with four commercial buildings and a surface parking lot. Previous Applications: On August 31, 2005, the City Council adopted Resolution No. 2005-2371 for Commercial Planned Development (CPD) No. 2005-02, for the construction of a 74,402 square -foot retail commercial shopping center on 6.96 acres. General Plan and Zoning: The proposed subdivision is consistent with the Zoning classification and General Plan land use designation. Permits for future shopping center uses will be evaluated on a case-by-case basis. GENERAL PLAN/ZONING Direction General Plan Zoning Land Use Site North South East West General Commercial (C-2) General Commercial (C-2) Very High Density Residential (VH) Very High Density Residential (VH) General Commercial (C-2) Commercial Planned Development (CPD) Commercial Planned Development (CPD) Residential Planned Development (RPD 16.2U) Residential Planned Development (RPD 15U) Commercial Planned Development (CPD) Shopping Center Shopping Center Multi -Family Residential Units Multi -Family Residential Units Shopping Center pp g 2 Honorable Planning Commission April 23, 2019 Page 3 Project Summary Tentative Parcel Map No. 2019-01 is proposed to subdivide a 6.95 acre parcel into five parcels: Parcel Map Summary: Lot Numbers Current Tenant Square Feet Acres 1 Parking Lot 197,797 4.54 2 Walgreen's 28,687 0.66 3 Euodia 12,091 0.28 4 McGregor's, Carrara Pastries, Anytime Fitness, et.al. 52,188 1.20 5 Rabobank 12,085 0.28 Total: 302,848 6.96 Currently, the site is occupied by four existing commercial/retail buildings and a surface parking lot. The applicant is proposing to create four parcels each containing one building. The parking lot would be a separate legal lot shared by all tenants, without assigned parking spaces. Each parcel could subsequently be sold separately. It is not uncommon for buildings in shopping centers to be under separate land ownership for tax and financing purposes. The Subdivision Map Act California regulates land division through the Subdivision Map Act. A recorded subdivision map converts a former single parcel or group of contiguous parcels into separate lots as they appear on the map. By definition, a subdivision is of "any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contagious unit, for the purpose of sale, lease, or financing, whether immediate or future" (Gov't Code § 66424). The proposed subdivision is consistent with the Subdivision Act Map in that a single improved parcel will be subdivided into five parcels with no new improvements. Analysis Staff analysis of the proposed project has identified the following areas for Planning Commission consideration in their recommendation to the City Council: • Reciprocal Parking and Access • Property Owner Association 3 Honorable Planning Commission April 23, 2019 Page 4 Reciprocal Parking and Access The proposed subdivision will not affect or change the existing architecture, street setbacks, building height, or access of the site as approved under CPD No. 2005-02. The primary intent of the subdivision is for tax and financing purposes for any future owner(s). The project was originally conditioned to provide for reciprocal access, and parking between this site and the commercial center to the west (Moorpark Grove). Both centers were developed with the required parking and landscaping, but designed for shared access and parking between them. An Irrevocable Offer of Dedication (easement) on all properties in the Tuscany Square and Moorpark Grove shopping center was executed by the previous owners but never recorded. In order to comply with the original conditions of approval, it is imperative a new agreement be created to maintain shared parking and ingress/egress access, as originally designed. Therefore, a condition of approval has been added to create a new Irrevocable Offer of Dedication for both shopping centers prior to recordation of Final Map. Property Owner Association Currently, a Property Owners Association (POA) does not exist in the shopping center because it is held under a single ownership. Similar to a homeowners association, a POA grants rights and responsibilities to owners of individual lots in a commercial center by creating rules and regulations which they must follow. A POA also assists property owners in maintaining and operating their commercial property. A condition of approval has been added to require the applicant to provide proof of establishment of a POA and a perpetual maintenance agreement for the parking lot. In addition, the POA will be required to adopt Covenants, Conditions and Resolutions (CC&Rs) or an Operations and Easement Agreement. Additionally, a condition of approval has been added to submit a declaration of CC&Rs for the review and approval to the Community Development Director and City Attorney. In order to protect the design consistency of the center, a condition of approval has been placed on the project requiring all conditions of approval for the original CPD are incorporated by reference in this approval and shall continue to apply. Findings The following draft findings are provided for Planning Commission consideration: Subdivision Findings: A. The proposed map, including its design, is consistent with the City's General Plan and Zoning Ordinance as proposed, and conditioned, in that the map has been designed to comply with the requirements of the City's General Plan in providing five new commercial parcels within existing commercial development and it meets Zoning standards for the Commercial Planned Development (CPD) Zone. 4 Honorable Planning Commission April 23, 2019 Page 5 B. The site is physically suitable for the type of development proposed in that the site has been engineered to allow for all required utilities to be brought to the site, adequate ingress and egress exists with a shared parking agreement in place, and the site is provided with public and emergency services. C. The site is physically suitable for the proposed intensity of development, in that all City development standards, including parking, have been met by the proposed project. D. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental effects, in that the site has already been developed. E. The design of the subdivision is not likely to cause serious public health problems, in that adequate sanitation and routine waste management exists on property. F The design of the subdivision will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision, in that full access to and from Los Angeles Avenue, Moorpark Avenue and Park Lane exists. G. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq, in that the site is already been developed. PROCESSING TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions of these regulations, the following timelines have been established for action on this project: Date Application Determined Complete: March 8, 2019 Planning Commission Action Deadline: June 6, 2019 City Council Action Deadline: 30 Days from Receipt of Planning Commission Report ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director or designee determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). 5 Honorable Planning Commission April 23, 2019 Page 6 Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. The Director has reviewed this project and found it to be Categorically Exempt in accordance with Sections 15301 (Class 1: Existing Facilities) of the CEQA Guidelines because no physical change will occur in any of the existing commercial buildings and there will be no expansion of the existing use. The proposed subdivision, as conditioned, is consistent with the General Plan and Zoning regulations. No further environmental documentation is required. NOTICING Public Notice for this meeting was given consistent with Chapter 17.44.070 of the Zoning Ordinance as follows: 1. Publication. The notice of the public hearing was published in the Ventura County Star on March 17, 2019. 2. Mailing. The notice of the public hearing was mailed on March 15, 2019, to owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Roles, within one -thousand (1,000) feet of the exterior boundaries of the assessor's parcel(s) subject to the hearing. 3. Sign. One 32 square -foot sign was placed on the street frontage on March 15, 2019. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing; and 2. Adopt Resolution No. PC -2019- recommending to the City Council conditional approval of Tentative Parcel Map No. 2019-01. ATTACHMENTS: 1. Location Map 2. Aerial Map 3. Tentative Parcel Map No. 2019-01 4. Title Report 5. Draft PC Resolution with Conditions of Approval 6 I. 1N3INH3VIIV 3d Pa A:1.1eA 6l3-; ��riif R AVP Jai -nos Weak Ave Villa Cainpe;tnrt Ave aL*Eiz. five Location Map - 140 to 146 Los Angeles Avenue a w vedloolAj Park Ln 0 x r -aAV 7112c340vi any lethoOyy s Moonsong Los Angeles Ave Majestic Cr Norfolk Ct Los Angeles We.tcott Ct Norfolk Ct Torridon CI a. Majestic Cl 17, a a 10 poomipea .s tuoLJfl� i 1"= 376ft TPM No. 2019-01 1 03/18/2019 till t 'This mapmayyreppresentaa visualdispiayvt rel atedgeographidnfiormationDataprovideitereon is riot guarbnternf acutualfie]dconditirnsTo be sureof compteteaccuracyp3easecoritactthe resportsibletaftformostupto dateutformation. Z IN2WHJVIIV 3d Aerial Map - 140 to 146 Los Angeles Avenue - 1,.=376ft TPM Na. 20'19-01 03/18/2019 _ __ 3 .Tdismapmay reppresentsi visin ldispiayvfir rel atedgeographianfflrmationDatapravidediereou is not guarantee acutuaifieldconditi'rrsTo be sureof coal pteteaccuraeyp3easecontactthe responsibletafftormostuptodateii formation. CA) io TENTATIVE PARCEL MAP 2019-01 FOR SUBDIVISION PURPOSES • 0 0 • • • 500 505 500 LOS ANGELES AVE. soy ° • 346' 250 A 1 C3 505 149' nal oFP 11 [31.11 INGRESS/EGRESS ESMT • p n. 0 Vo I - L EXIST. BLDG PARCEL B PAACi3L MAP NO, 5316 PA. 28/59-60 NOT A PART • 6 PUBLIC \ UTILITY o ESMT Lu z J it11-11MT alt •I • 1Mr MM r{ 6410 401m • 1�. l � oce a 1-, �P �A H orteI NOA, PAHCEI j\JA} NO, 31-18 28)50-60 1J 65' 42' EXIST. BLDG EXIST BLDG W 0 0 0 2 ti 179' —_T1 -- ,1 / 0 ° 1l 500 505 TABLE 'A': LOT SUMMARY LOT NO. SQUARE FEET ACRES 1 197,797 4.54 2 28,687 0.66 3 12,091 0.28 4 52,188 1.20 5 12,085 0.28 TOTAL 302,848 6.96 40' 0' 20' 40' SCALE: 1" = 40' of PARK 1 ANF LOS ANGELES AVE. FLORY AVE. SUSAN AVE. ROBERTS AVE ESTHER AVE. SHERMAN AVE TY BELL RD. w m SITE PARK LANE R PARK CREST LANE LEGAL DESCRIPTION: MOORPARK AVE. MAJESTIC CT MILLARD ST. FREMONT ST. VICINITY MAP M N.T.S. 1 ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF VENTURA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL A OF PARCEL MAP NO. 3118, IN THE CITY OF MOORPARK, IN THE COUNTY OF VENTURA, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN BOOK 28, PAGE 59 AND 60 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT FROM A PORTION OF SAID LAND 50% OF ALL OIL, GAS, PETROLEUM, HYDROCARBON AND ANY OTHER KINDRED SUBSTANCES IN AND UNDER SAID LAND, EXCEPT AN AREA BEGINNING AT THE SURFACE OF SAID LAND AND CONTINUING STRAIGHT DOWN TOWARD THE CENTER OF THE EARTH 500 FEET, AS RESERVED BY HILMA S. PAIGE, A WIDOW, IN DEED RECORDED OCTOBER 7, 1958, AS DOCUMENT NO. 42718, IN BOOK 1660, PAGE 460 OF OFFICIAL RECORDS. ALSO EXCEPT FROM A PORTION OF SAID LAND 50% OF ALL OIL, GAS, PETROLEUM, HYDROCARBON AND ANY OTHER KINDRED SUBSTANCES IN AND UNDER SAID LAND, EXCEPTING AN AREA BEGINNING AT THE SURFACE OF SAID LAND AND CONTINUING STRAIGHT DOWN TOWARD THE CENTER OF THE EARTH 500 FEET, AS RESERVED BY HARDY CHARLES, A SINGLE MAN, IN DEED RECORDED AUGUST 27, 1956, IN BOOK 1437, PAGE 482 OF OFFICIAL RECORDS. ALSO EXCEPT FROM A PORTION OF SAID LAND 25% OF ALL OIL, GAS, PETROLEUM, HYDROCARBON AND ANY OTHER KINDRED SUBSTANCES, EXCEPT AN AREA BEGINNING AT THE SURFACE OF SAID LAND AND CONTINUING STRAIGHT DOWN TOWARD THE CENTER OF THE EARTH 500 FEET, AS RESERVED BY HILMA 5. PAIGE, A WIDOW, IN DEED RECORDED OCTOBER 7, 1958, IN BOOK 1660, PAGE 460 OF OFFICIAL RECORDS. ASSESSOR'S PARCEL NUMBER: 506-0-050-635, 506-0-050-665, 506-0-050-675, 506-0-050-420 PROJECT NARRATIVE: THE PROPOSED SUBDIVISION IS A TENTATIVE TRACT MAP FOR THE PURPOSE OF SUBDIVIDING PORTIONS OF LAND, AND IS FILED PURSUANT TO THE SUBDIVISION MAP ACT. SITE INFORMATION: ADDRESS: 140-146 WEST LOS ANGELES AVENUE MOORPARK, CALIFORNIA 93021 GROSS SITE AREA: 302,848 S.F. NUMBER OF EXISTING LOTS: 1 NUMBER OF PROPOSED LOTS: 5 ZONING DESIGNATION: CPD EASEMENT NOTES: M EASEMENT TO RAHMATOLLAH ABRAR, FOR THE PURPOSE INGRESS AND EGRESS AND ROAD. BOOK 5422, PAGE 602 OF OFFICIAL RECORDS EASEMENT FOR ROAD /=i\ EASEMENT FOR PUBLIC UTILITIES, 07/30/2008, INSTRUMENT NO. 20080730-0117042, OF OFFICIAL RECORDS IRREVOCABLE OFFER OF DEDICATION (IOD) NOTE: TPM 2019-01 INCORPORATES AN IOD BY SEPARATE INSTRUMENT. THE IOD GRANTS AN EASEMENT FOR INGRESS/EGRESS, ACCESS, DRAINAGE AND PARKING PURPOSES. REFER TO A SEPARATE DOCUMENT ENTITLED "IRREVOCABLE OFFER OF DEDICATION". COVENANTS, CONDITIONS AND RESTRICTIONS (CC&R'S) NOTE: TPM 2019-01 INCORPORATES CC&R'S BY SEPARATE INSTRUMENT. REFER TO A SEPARATE DOCUMENT ENTITLED "DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS". LEGEND 0 PROJECT BOUNDARY LOT LINE CENTER LINE EASEMENT PROPOSED LOT Know what's below. CaII before you dig. DIAL TOLL FREE AT LEAST 2 DAYS BEFORE YOU DIG UNDERGROUND SERVICE ALERT FOR SOUTHERN CALIFORNIA ISSUE DATE DESCRIPTION Prepared for (Owner/Applicant): Fri MILAN CAPITAL MANAGEMENT 888 S. DISNEYLAND DRIVE, SUITE 101 ANAHEIM, CA 92802 PHONE: 714.687.0000 FAX: 714.687.1900 DRAWN BY ME CHECKED BY DC APPROVED BY DC PLAN DATE 2019-04-10 Ili.rr E H G 1 M E E R 1 111 G 16795 Von Korman, Suite 100 Irvine, California 92606 tel 949.474.1960 0 fax 949.474.5315 www.fuscoe.com FUSCOE CITY OF MOORPARK PLANNING DEPARTMENT CITY OF MOORPARK DATE REVIWED AND RECOMMENDED BY DATE CITY OF MOORPARK, CALIFORNIA TENTATIVE PARCEL MAP 2019-01 FOR SUBDIVISION PURPOSES SHT 1 OF 1 CITY PROJECT NO. "F:\Projects\881\008\Consultants\_Outgoing\2019-04-10 City TPM 201901\881 -008 -TPM 2019-01.pdf" 0 W s_ F:\Projects\881\008\PIans\Entitlements\Tentative Tract Map\881-008—tm01ts-1.dwg (4/10/2019 2:36 PM) Plotted by Commonwealth I.A3O TITLE COMPW Milan Capital Management 888 S. Disneyland Drive Suite 10 .Anaheim. CA 92802 .tun: Rod ►'alverde four Reference No: 91953e City of Moorpark Property :address: 140- I 4161 W u nr011e!e v ilrnia Contmckm►ealth Land Title Company 88R S. Figueroa Street. Suite 2E00 1.os Angeles. CA 901)17 Phone: (80(114.2-670b ec e { ve OFile No: 'li 315 Tiurtle Officer:D91Doug Abernathy FEB e-mail: DAbemathy@chic.com Phone: (213) 330-3055 'OP$ Fax: (213) 330-3104 PRELIMINARY REPORT (V3) Dated as of January 31.2019 at 7:30 a.m. In response to the application tor a policy of title insurance reverenced herein, Commonwealth Land Title Company hereby reports that it is prepared to issue. or cause to be issued. as of the date hereof. a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth. insuring against loss which may be sustained by reason of any defect_ lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules. Conditions and Stipulations CT Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in ,Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause. all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties_ Limitation on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy dorms should be read. They are available from the office which issued this report. The pnlicyi) of title insurance to be issued hereunder will be policy's) of Commonwealth Land Title insurance Company. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in .Attachment One of this report carcJullr. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of rhe title insurance policy and should he carefully considered. It is important to note that this preliminary report is trot a written representation as to the condition of title and nsay not list all liens. defects, and encumbrances affecting title to the land. This report land any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that lickbility be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. PC ATTACHMENT 4 10 Order No: 09195316-919-DAA-DA6 SCHEDULE A The form of policy of title insurance contemplated by this report is: ALTA Standard Owner's Policy of Title Insurance (6-17-06) ALTA Extended Loan Policy of Title Insurance (6-17-06) The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: Milan Tuscany, LLC, a California limited liability company The land referred to herein is situated in the County of Ventura, State of California, and is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF 11 1. Order No: 09195316-919-DAA-DA6 EXHIBIT "A" All that certain real property situated in the County of Ventura, State of California, described as follows: PARCEL A OF PARCEL MAP NO. 3118, IN THE CITY OF MOORPARK, IN THE COUNTY OF VENTURA, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN BOOK 28, PAGE 59 AND 60 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT FROM A PORTION OF SAID LAND 50% OF ALL OIL, GAS, PETROLEUM, HYDROCARBON AND ANY OTHER KINDRED SUBSTANCES IN AND UNDER SAID LAND, EXCEPT AN AREA BEGINNING AT THE SURFACE OF SAID LAND AND CONTINUING STRAIGHT DOWN TOWARD THE CENTER OF THE EARTH 500 FEET, AS RESERVED BY HILMA S. PAIGE, A WIDOW, IN DEED RECORDED OCTOBER 7, 1958, AS DOCUMENT NO. 42718, IN BOOK 1660, PAGE 460 OF OFFICIAL RECORDS. ALSO EXCEPT FROM A PORTION OF SAID LAND 50% OF ALL OIL, GAS, PETROLEUM, HYDROCARBON AND ANY OTHER KINDRED SUBSTANCES IN AND UNDER SAID LAND, EXCEPTING AN AREA BEGINNING AT THE SURFACE OF SAID LAND AND CONTINUING STRAIGHT DOWN TOWARD THE CENTER OF THE EARTH 500 FEET, AS RESERVED BY HARDY CHARLES, A SINGLE MAN, IN DEED RECORDED AUGUST 27, 1956, IN BOOK 1437, PAGE 482 OF OFFICIAL RECORDS. ALSO EXCEPT FROM A PORTION OF SAID LAND 25% OF ALL OIL, GAS, PETROLEUM, HYDROCARBON AND ANY OTHER KINDRED SUBSTANCES, EXCEPT AN AREA BEGINNING AT THE SURFACE OF SAID LAND AND CONTINUING STRAIGHT DOWN TOWARD THE CENTER OF THE EARTH 500 FEET, AS RESERVED BY HILMA S. PAIGE, A WIDOW, IN DEED RECORDED OCTOBER 7, 1958, IN BOOK 1660, PAGE 460 OF OFFICIAL RECORDS. Assessor's Parcel Number: 506-0-050-635, 665, 675, 420 12 Order No: 09195316-919-DAA-DA6 SCHEDULE B — Section A The following exceptions will appear in policies when providing standard coverage as outlined below: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. 13 Order No: 09195316-919-DAA-DA6 SCHEDULE B — Section B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2019-2020. B. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.: 506-0-050-635 Fiscal Year: 2018-2019 1st Installment: $33,942.54, paid 2nd Installment: $33,942.54, unpaid (Delinquent after April 10) Penalty and Cost: $3,424.25 Homeowners Exemption: $none Code Area: 10-040 Affects: A portion of the Land described herein. C. Property taxes, including any personal property /axes and any assessments collected with taxes, are as follows: Tax Identification No.: 506-0-050-665 Fiscal Year: 2018-2019 1st Installment: $70,184.02, paid 2nd Installment: $70,184.02, unpaid (Delinquent after April 10) Penalty and Cost: $7,04&40 Homeowners Exemption: $none Code Area: 10-040 Affects: A portion of the Land described herein. D. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.: 506-0-050-675 Fiscal Year: 1st Installment: 2nd Installment: Penalty and Cost: Homeowners Exemption: Code Area: 2018-2019 $14,291.16, paid $14,291.16, unpaid (Delinquent after April 10) $1,459.11 $none 10-040 Affects: A portion of the Land described herein. 14 Order No: 09195316-919-DAA-DA6 E. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.: 506-0-050-420 Fiscal Year: 2018-2019 1st Installment: $1,972.14, paid 2nd Installment: $1,972.14, unpaid (Delinquent after April 10) Penalty and Cost: $227.21 Homeowners Exemption: $none Code Area: 10-039 Affects: A portion of the Land described herein. F . The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 1. Water rights, claims or title to water, whether or not disclosed by the public records. 2. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Purpose: road, public and private utilities Recording Date: March 31, 1952 Recording No: Book 1057, Page 176 Official Records Affects: the Easterly 60 feet of said land 3. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: In favor of: Southern California Edison Company, a corporation Purpose: public utilities Recording No: Book 1062, Page 30 Official Records Affects: a portion of said land 4. Intentionally deleted. 5. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Granted to: Southern California Edison Company, a corporation Purpose: public utilities Recording No: Book 1039, Page 270 Official Records Affects: the Westerly 6 feet of the Easterly 60 feet of the Northerly 120 feet 6. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: In favor of: Rahmatollah Abrar, a married man as his sole and separate property Purpose: ingress and egress and road Recording Date: June 22, 1979 Recording No: Book 5422, Page 602 Official Records Affects: the Westerly 30 feet and the Easterly 60 feet of said land 7. The fact that said Parcel Map No. 3118 shows a portion of said land as subject to flooding from Arroyo Simi. As modified by the amended FEMA map referred to on the survey made by Advanced land Solutions dated September 29, 2016 designated as Project Job No. 166-16. 15 Order No: 09195316-919-DAA-DA6 8. Easement(s) for the purpose(s) shown below and rights incidental thereto, as delineated on or as offered for dedication on Map Plat: Parcel Map No. 3118 Recording No: In Book 28 Pages 59 and 60 of Parcel Maps Purpose: ingress and egress and road Affects: a portion of the Easterly 60 feet of said land 9. An irrevocable offer to dedicate an easement over a portion of said Land for Purpose(s): street and highway Recording Date: June 8, 1994 Recording No: 94-98120 Official Records Affects: the Easterly 50 feet of said land 10. Matters contained in that certain document Entitled: Memorandum of Easement Dated: August 29, 2003 Executed by: Castle Cable Services, Inc. and ASN Technologies, Inc., a Delaware corporation Recording Date: October 22, 2003 Recording No: 20031022-0408067 Official Records Reference is hereby made to said document for full particulars. l 1. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Granted to: Southern California Gas Company, a corporation Purpose: public utilities Recording Date: September 17, 2007 Recording No: 20070917-0178861 Official Records Affects: a portion of said land 12. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Granted to: Southern California Edison Company, a corporation Purpose: public utilities Recording Date: July 30, 2008 Recording No: 20080730-0117042 Official Records Affects: a portion of said land 13. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Granted to: City of Moorpark, a municipal corporation Purpose: public street and roadway Recording Date: October 7, 2008 Recording No: 20081007-0150481 Official Records Affects: a portion of said land 16 Order No: 09195316-919-DAA-DA6 14. Any rights, interests, or claims which may exist or arise by reason of the following matters disclosed by survey, Project Job No.: 166-16 Dated: September 29, 2016 Prepared by: Advanced land Solutions Matters shown: as follows: a. A telephone vault is located at or near the northeast corner b. Street light, curbs, gutter and pavement extend on the northerly line at or near the northwest corner c. Buildings extend onto the easement recorded in Book 682 page 113 of Official Records d A building extends onto the easement recorded in Book 1062 Page 30 of Official Records e. Unrestricted access exists between the land and the adjacent land at the southwest corner f. Building extends onto the easement recorded July 30, 2008 as Instrument No. 200807030-0117042 of Official Records 15. A deed of trust to secure an indebtedness in the amount shown below, Amount: $12,500,000.00 Dated: November 30, 2016 Trustor/Grantor Milan Tuscany, LLC, a California limited liability company Trustee: Commonwealth Land Title Company Beneficiary: Citibank, N.A., a national banking association Loan No.: Not set out Recording Date: December 1, 2016 Recording No: 20161201-00178179, Official Records 16. An assignment of all moneys due, or to become due as rental or otherwise from said Land, to secure payment of an indebtedness, shown below and upon the terms and conditions therein Amount: $12,500,000.00 Assigned to: Citibank, N.A., a national banking association Assigned By: Milan Tuscany, LLC, a California limited liability company Recording Date: December 1, 2016 Recording No: 20161201-00178180 of Official Records 17. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Memorandum of Lease Lessor: Tuscany Square Partners, LLC, a California limited liability company Lessee: Walgreen Co., an Illinois corporation Recording Date: August 21, 2008 Recording No: 20080821-00128818 Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. An agreement recorded December 1, 2016 as Instrument No. 20161201-00178181 of Official Records which states that said lease has been made subordinate to the document Entitled: Deed of Trust Recording Date: December 1, 2016 Recording No: 20161201-00178179 of Official Records 17 Order No: 09195316-919-DAA-DA6 18. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Subordination, Non -Disturbance and Attornment Agreement Lessor: Milan Tuscany, LLC Lessee: Rabobank N.A. Recording Date: December 8, 2016 Recording No: 20161208-00182037 Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. An agreement recorded December 8, 2016 as Instrument No. 20161208-00182037 Official Records which states that said lease has been made subordinate to the document Entitled: Deed of Trust Recording Date: December 1, 2016 Recording No: 20161201-00178179 of Official Records 19. A lien for unsecured property taxes filed by the tax collector of the county shown, for the amount set forth, and any other amounts due. County: Ventura County Fiscal Year: 2017-2018 Taxpayer: Milan Tuscany, LLC County Lien Number: 20171220001660080 Amount: $3,978.19 Recording Date: December 20, 2017 Recording No: 20171220001660080 Official Records 20. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters which a correct survey would disclose and which are not shown by the public records. 21. Any easements not disclosed by the public records as to matters affecting title to real property, whether or not said easements are visible and apparent. 22. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters which a correct survey would disclose and which are not shown by the public records. 23. Matters which may be disclosed by an inspection and/or by a correct ALTA/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. END OF SCHEDULE B EXCEPTIONS PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION 18 Order No: 09195316-919-DAA-DA6 REQUIREMENTS SECTION: 1. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company: Milan Tuscany, LLC, a California limited liability company a) A copy of its operating agreement, if any, and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. b) If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps. c) If the Limited Liability Company is member -managed, a full and complete current list of members certified by the appropriate manager or member. d) A current dated certificate of good standing from the proper governmental authority of the state in which the entity is currently domiciled. e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. f) If Limited Liability Company is a Single Member Entity, a Statement of Information for the Single Member will be required. g) Each member and manager of the LLC without an Operating Agreement must execute in the presence of a notary public the Certificate of California LLC (Without an Operating Agreement) Status and Authority form. 2. Unrecorded matters which may be disclosed by an Owner's Affidavit or Declaration. A form of the Owner's Affidavit/Declaration is attached to this Preliminary Report/Commitment. This Affidavit/Declaration is to be completed by the record owner of the land and submitted for review prior to the closing of this transaction. Your prompt attention to this requirement will help avoid delays in the closing of this transaction. Thank you. The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit/Declaration. 19 Order No: 091953 16-919-DAA-DA6 1 INFORMATIONAL NOTES SECTION The information on the attached plat is provided for your convenience as a guide to the general location of the subject property. The accuracy of this plat is not guaranteed, nor is it a part of any policy, report or guarantee to which it may be attached. 2. For wiring Instructions please contact your Title Officer or Title Company Escrow officer. 3. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. 4. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (DTT) Affidavit may be required to be completed and submitted with each document when DTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. DTT Affidavits may be available at a Tax Assessor -County Clerk -Recorder. 5. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. 6. Due to the special requirements of SB 50 (California Public Resources Code Section 8560 et seq.), any transaction that includes the conveyance of title by an agency of the United States must be approved in advance by the Company's State Counsel, Regional Counsel, or one of their designees. 7. Note: None of the items shown in this report will cause the Company to decline to attach ALTA Endorsement Form 9 to an Extended Coverage Loan Policy, when issued. 8. Note: The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116 indicating that there is located on said Land commercial/industrial property, known as 140-146 West Los Angeles Avenue, Moorpark, CA, to an Extended Coverage Loan Policy. 9. Note: The only conveyance(s) affecting said Land, which recorded within 24 months of the date of this report, are as follows: Grantor: Tuscany Square Partners, LLC, a California limited liability company Grantee: Milan Tuscany, LLC, a California limited liability company Recording Date: December 1, 2016 Recording No: 20161201-00178178 of Official Records Typist: 2sm Date Typed: October 30, 20I8; December 5, 2018; February 8, 20I9 20 Order No: 09195316-919-DAA-DA6 ATTACHMENT ONE CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY —1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 1 Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 1 Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and f environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 2T 2 The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 1 The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4 Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no Toss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28 5 Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and Attachment One (6-5-14) CA & NV 21 Order No: 09195316-919-DAA-DA6 b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Our Maximum Dollar Your Deductible Amount Limit of Liability 1.00% % of Policy Amount Shown in Schedule A or Covered Risk 16: $2,500.00 (whichever is less) $ 10,000.00 1.00% % of Policy Amount Shown in Schedule A or Covered Risk 18: $5,000.00 (whichever is less) $ 25,000 00 1.00% of Policy Amount Shown in Schedule A or Covered Risk 19'. $5,000.00 (whichever is less) $ 25,000.00 1.00% of Policy Amount Shown in Schedule A or Covered Risk 21: $2,500.00 (whichever is less) $ 5,000.00 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing -business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth -in -lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the hen of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk I1(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE (Except as provided in Schedule B - Part II,( t(or T)his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of (PART I (The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. Attachment One (6-5-14) CA & NV 22 Order No: 09195316-919-DAA-DA6 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or tide to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. PART II In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:) 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: L (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, • the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of (The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4 Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. 7 (Variable exceptions such as taxes, easements, CC&R's, etc. shown here.) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (in) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), I 3(d), 14 or 16. (b) Any governmental police power. This Exclusion I(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. Attachment One (6-5-14) CA & VV 23 Order No: 09195316-919-DAA-DA6 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing -business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth -in -lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 1 1(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. Attachment One (6-5-14) CA & NV 24 Order No: 09195316-919-DAA-DA6 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one -to -four family residential dwelling. FNF Underwritten Title Company FNF Underwriter LTC — Lawyers Title Company CLTIC — Commonwealth Land Title Insurance Co. Available Discounts DISASTER LOANS (CLTIC) The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. EMPLOYEE RATE (LTC and CLTIC) No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary or affiliated title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. Notice of Available Discounts Mod. 10/21/2011 Page 16 25 Inquire before you wire! Wire Fraud Alert This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud. • NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. • ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. • USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. • USE MULTI -FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire -fraud scams or to report an incident, please refer to the following links: Federal Bureau of Investigation: Internet Crime Complaint Center: http://www.fbi.eov http://www.ic3.gov Wire Fraud Alert Page 1 Original Effective Date: 5/11/2017 Current Version Date: 5/11/2017 WIRE0016 (DSI Rev. 12/07/17) TM and © Fidelity National Financial, Inc. and/or an affiliate. All rights reserved 26 FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF," "our," or "we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. Types of Information Collected We may collect two types of information from you: Personal Information and Browsing Information. Personal Information. FNF may collect the following categories of Personal Information: • contact information (e.g., name, address, phone number, email address); • demographic information (e.g., date of birth, gender, marital status); • identity information (e.g., Social Security Number, driver's license, passport, or other government ID number); • financial account information (e.g., loan or bank account information); and • other personal information necessary to provide products or services to you. Browsing Information. FNF may automatically collect the following types of Browsing Information when you access an FNF website, online service, or application (each an "FNF Website") from your Internet browser, computer, and/or mobile device: • Internet Protocol (IP) address and operating system; • browser version, language, and type; • domain name system requests; and • browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website Flow Personal Information is Collected We may collect Personal Information about you from: • information we receive from you on applications or other fon-ns; • information about your transactions with FNF, our affiliates, or others; and • information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. How Browsing Information is Collected If you visit or use an FNF Website, Browsing Information may be collected during your visit. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not Track. Currently our FNF Websites do not respond to `'Do Not Track" features enabled through your browser. Links to Other Sites. FNF Websites may contain links to other websites. FNF is not responsible for the privacy practices or the content of any of those other websites. We advise you to read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal Information for three main purposes: • To provide products and services to you or in connection with a transaction involving you. • To improve our products and services. • To communicate with you about our, our affiliates', and third parties' products and services, jointly or independently. When Information Is Disclosed We may make disclosures of your Personal Information and Browsing Information in the following circumstances: • to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; • to nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions; FNF Privacy Statement (Eff. 5/1/2015) Last Updated May 1, 2018 Copyright © 2018. Fidelity National Financial, Inc. All Rights Reserved MISCO219 (DSI Rev. 4/23/18) Pagc 1 Order No. 09195316-919-DAA-DA6 27 • to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; • to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or • in the good -faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property. or safety of FNF, its customers, or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. Please see "Choices With Your Information" to learn the disclosures you can restrict. Security of Your Information We maintain physical, electronic, and procedural safeguards to guard your Personal Information. We limit access to nonpublic personal information about you to employees who need to know that information to do their job. When we provide Personal Information to others as discussed in this Privacy Notice, we expect that they process such information in compliance with our Privacy Notice and in compliance with applicable privacy laws. Choices With Your Information If you do not want FNF to share your information with our affiliates to directly market to you, you may send an "opt out" request by email, phone, or physical mail as directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffiliates for their use to direct market to you. Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted by California law. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not share information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Information From Children The FNF Websites are meant for adults and are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. International Users FNF's headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence for any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. FNF Website Services for Mortgage Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the "Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except (I) as required or authorized by contract with the mortgage loan servicer or lender, or (2) as required by law or in the good -faith belief that such disclosure is necessary to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. FNF Privacy Statement (Eff. 5/1/2015) Last Updated May 1, 2018 MISCO219 (DSI Rev. 4/23/18) Copyright © 2018. Fidelity National Financial, Inc. All Rights Reserved Page 2 Order No. 09195316-919-Ii-DA6 Your Consent To This Privacy Notice; Notice Changes By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The revised Privacy Notice, showing the new revision date, will be posted on the FNF Website. Each time you provide information to us following any amendment of this Privacy Notice, your provision of information to us will signify your assent to and acceptance of the terms of the revised Privacy Notice for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you submit to us in any manner that we may choose without notice or compensation to you. Accessing and Correcting Information; Contact Us If you have questions, would like to access or correct your Personal Information, or want to opt -out of information sharing for affiliate marketing, send your requests via email to privacy@fnf.com, by phone to (888) 934-3354, or by mail to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer F'NF Privacy Statement (Eff. 5/1/2015) Last Updated May 1, 2018 Copyright 10 2018. Fidelity National Financial, Inc. All Rights Reserved MISCO219 (DSI Rev. 4/23/18) Page 3 Order No. 09195316-919-DAA-DA6 29 7394 i 0019311 20.0520 0919.49193 001 4101911311 99 0d ' 900 10 .1.:111,. aaa 30,3 1 a„o 1-04 %r.A-IPtl to co - O Q �c tnnlm =l o'ot0� o-oamoraEm 4� 3A4 1 � _ _ 004.4910019 1 nor A s o6•srT6•r.0 (/6.9e) r.'c/ ----a----- .4 q = 9 Y � _ s. 4 'ar- ppal' ,t1 3}§ aav 4 W „ Sit /6 /0\ a. ra 09,49 • / A a� / 'R 7.0 aroy - Aav4A u1um.. fi 91137-0 760,1 Ata• pip a « (ovoa'oe :003911) 1:Rnr 4_ ala=_ k — --i-i1$-- e8 ` This napfplat is being furnished as an aid in locating the herein described Land in relation to adjoining streets, natural boundaries and other land, and is not a survey of the land depicted. Except to the extent a policy of title insurance is expressly modified by endorsement, if any, the Company does not insure dimensions, distances, location of easements, acreage or other mailers shown thereon. Order: 9195316 Doc: VN:A 506-5 Page 1 of 1 Requested By: crcusi, Printed: 10/25/2018 10:25 AM 30 OWNER'S DECLARATION The undersigned hereby declares as follows: 1. (Fill in the applicable paragraph and strike the other) a. Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located at further described as follows: See Preliminary Report/Commitment No. 09195316-919-DAA-DA6 for full legal description (the "Land"). b. Declarant is the of ("Owner"), which is the owner or lessee, as the case may be, of certain premises located at further described as follows: See Preliminary Report/Commitment No. 09195316-919-DAA-DA6 for full legal description (the "Land"). 2. (Fill in the applicable paragraph and strike the other) a. During the period of six months immediately preceding the date of this declaration no work has been done, no surveys or architectural or engineering plans have been prepared, and no materials have been furnished in connection with the erection, equipment, repair, protection or removal of any building or other structure on the Land or in connection with the improvement of the Land in any manner whatsoever. b. During the period of six months immediately preceding the date of this declaration certain work has been done and materials furnished in connection with upon the Land in the approximate total sum of $ , but no work whatever remains to be done and no materials remain to be furnished to complete the construction in full compliance with the plans and specifications, nor are there any unpaid bills incurred for labor and materials used in making such improvements or repairs upon the Land, or for the services of architects, surveyors or engineers, except as follows: Owner, by the undersigned Declarant, agrees to and does hereby indemnify and hold harmless Commonwealth Land Title Company against any and all claims arising therefrom. 3. Owner has not previously conveyed the Land; is not a debtor in bankruptcy (and if a partnership, the general partner thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to the Land. 4. Except as shown in the above -referenced Preliminary Report/Commitment, there are no unpaid or unsatisfied mortgages, deeds of trust, Uniform Commercial Code financing statements, regular assessments, or taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records. 5. The Land is currently in use as occupy/occupies the Land; and the following are all of the leases or other occupancy rights affecting the Land: 6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded easements, claims of easement, or boundary disputes that affect the Land. 7. There are no outstanding options to purchase or rights of first refusal affecting the Land. 8. There are no material violations of any current, enforceable covenant affecting the Property and the Undersigned has received no written notice from any third party claiming that there is a present violation of any current, enforceable covenant affecting the Property. Owner's Declaration MISCO220 (DSI Rev. 6/23/16) 31 This declaration is made with the intention that Commonwealth Land Title Company and Commonwealth Land Title Insurance Company (the "Company") and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned Declarant, agrees to indemnify the Company against Toss or damage (including attorneys fees, expenses, and costs) incurred by the Company as a result of any untrue statement made herein. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on at Signature: Signature: Owner's Declaration MISCO220 (DSI Rev. 6/23/16) 32 RESOLUTION NO. PC -2019- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE PARCEL MAP NO. 2019-01 FOR THE SUBDIVISION OF A 6.96 ACRE DEVELOPED LOT INTO FIVE PARCELS AT 140-146 LOS ANGELES AVENUE (TUSCANY SQUARE SHOPPING CENTER), AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA IN CONNECTION THEREWITH, ON THE APPLICATION OF BRET B. BERNARD, AICP (FOR MILAN CAPITAL MANAGEMENT) WHEREAS, on May 2, 2018, Bret B. Bernard, AICP (for Milan Capital Management) submitted an application for Tentative Parcel Map (TPM) No. 2019-01 for the subdivision of a 6.96 acre developed lot into five parcels at 140-146 Los Angeles Avenue (Tuscany Square Shopping Center); and WHEREAS, at duly noticed public hearings on March 26 and April 23, 2019, for TPM No. 2019-01, the Planning Commission considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; closed the public hearing and reached a decision on this matter; and WHEREAS, the Community Development Department has determined that TPM No. 2019-01 is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections 15301 (Class 1: Existing Facilities) of the CEQA Guidelines because no physical change will occur in any of the existing commercial buildings and there will be no expansion of the existing use. The proposed development is consistent with the General Plan and Zoning regulations. In addition, there is no substantial evidence that the project will have a significant effect on the environment in that the site is fully developed. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Planning Commission, based on its own independent analysis and judgment, concurs with the Community Development Department's determination that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections 15301 (Class 1: Existing Facilities) of the CEQA Guidelines. The proposed project, as conditioned, is consistent with the General Plan and Zoning regulations. In addition, there is no substantial evidence that the project will have a significant effect on the environment in that the site has already been graded. No further environmental documentation is needed. PC ATTACHMENT 5 33 Resolution No. PC -2019 - Page 2 SECTION 2. TENTATIVE PARCEL MAP PERMIT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings: A. The proposed map, including its design, is consistent with the City's General Plan and Zoning Ordinance as proposed, and conditioned, in that the map has been designed to comply with the requirements of the City's General Plan in providing five new commercial parcels within existing commercial development and it meets Zoning standards for the Commercial Planned Development (CPD) Zone. B. The site is physically suitable for the type of development proposed in that the site has been engineered to allow for all required utilities to be brought to the site, adequate ingress and egress exists with a shared parking agreement in place, and the site is provided with public and emergency services. C. The site is physically suitable for the proposed intensity of development, in that all City development standards, including parking, have been met by the proposed project. D. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental effects, in that the site has already been developed. E. The design of the subdivision is not likely to cause serious public health problems, in that adequate sanitation and routine waste management exists on property. F The design of the subdivision will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision, in that full access to and from Los Angeles Avenue, Moorpark Avenue and Park Lane exists. G. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq, in that the site is already been developed. SECTION 3. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends to the City Council approval of TPM No. 2019-01 subject to the Special and Standard Conditions of Approval included in Exhibit A (Standard and Special Conditions of Approval), attached hereto and incorporated herein by reference. 34 Resolution No. PC -2019 - Page 3 SECTION 4. FILING OF RESOLUTION: The Community Development Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 23th day of April, 2019. Debra Aquino Chair Karen Vaughn, AICP Community Development Director Exhibit A — Standard and Special Conditions of Approval 35 Resolution No. PC -2019 - Page 4 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP NO. 2019-01 STANDARD CONDITIONS OF APPROVAL The applicant shall comply with Standard Conditions of Approval for Subdivisions and Planned Developments as adopted by City Council Resolution No. 2009-2799 (Exhibit A), except as modified by the following Special Conditions of Approval. In the event of conflict between a Standard and Special Condition of Approval, the Special Condition shall apply. SPECIAL CONDITIONS OF APPROVAL 1. The applicant's acceptance of this permit and/or commencement of construction and/or operations under this permit is deemed to be acceptance of all conditions of this permit. 2. The Conditions of Approval of this permit, City of Moorpark Municipal Code and adopted city policies at the time of the permit approval supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on plans. 3. The Final Map must include the final Conditions of Approval and a reference to the adopted City Council resolution in a format acceptable to the Community Development Director. 4. This subdivision expires two (2) years from the date of its approval. The Community Development Director with the City Engineer's concurrence may, at his/her discretion, grant up to one (1) additional one-year extension for map recordation, if there have been no changes in the adjacent areas and if the applicant can document that he/she has diligently worked towards Map recordation during the initial period of time. The request for extension of this Map must be made in writing, at least thirty calendar (30) days prior to the expiration date of the map and must be accompanied by applicable entitlement processing deposits. 5. All Conditions of Approval for Commercial Planned Development (CPD) No. 2005-02 and as may be amended are incorporated by reference in this approval and shall continue to apply. 36 Resolution No. PC -2019 - Page 5 6. The Conditions of Approval of this entitlement and all provisions of the Subdivision Map Act, City of Moorpark Municipal Code and adopted City policies at the time of the entitlement approval, supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said Map and/or plans or on the entitlement application. This language shall be added as a notation to the Final Map and/or to the final plans for the planned development. 7 Conditions of this entitlement may not be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. 8. The applicant shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the permit, which claim, action or proceeding is brought within the time period provided by the California Code of Civil Procedure Section 1094.6 and Government Code Section 65009. The City will promptly notify the applicant of any such claim, action or proceeding, and if the City should fail to do so or should fail to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding, if both of the following occur: i. The City bears its own attorney fees and costs; and ii. The City defends the claim, action or proceeding in good faith. b. The applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the applicant. The applicant's obligations under this condition shall apply regardless of whether a building permit is ultimately obtained, or final occupancy is ultimately granted with respect to the permit. 9. If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 10. The development must be in substantial conformance with the plans presented in conjunction with the application for Tentative Parcel Map No. 2019-01, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. Any future changes to the parking layout shall require review and approval as determined by the Community Development Director consistent with Chapter 17.44 of the Zoning Ordinance. 37 Resolution No. PC -2019 - Page 6 11. Parking areas must be maintained in compliance with the Moorpark Municipal Code, and surfaced with asphalt, concrete, or other surface acceptable to the Community Development Director, City Engineer/Public Works Director, and must include adequate provisions for drainage, National Pollution Discharge Elimination System (NPDES) compliance, striping and appropriate wheel blocks or curbs in parking areas adjacent to landscaped areas. All parking space striping must be maintained to be clearly visible during the life of the development. 12. The buildings must retain their architectural design. Minor changes to the design consistent with the existing design of the shopping center may be considered by the Community Development Director through a Permit Adjustment. 13. Parking and landscaping must be maintained in manner consistent with the requirements of Chapters 12.12 and 17.32 of the Moorpark Municipal Code. All planting and irrigation shall be in accordance with the city's Landscape Manual. All required landscaping shall be permanently maintained in a healthy and thriving condition, free from weeds, trash and debris. Any changes or landscape treatment of the trees must be reviewed and approved by the Community Development Director and Parks and Recreation Director. 14. Prior to Final Map approval and recordation, a declaration of Covenant, Conditions and Restrictions (CC&Rs) shall be submitted for the review and approval to the Community Development Director and City Attorney. 15. Prior to Final Map approval, a Property Owner's Association (POA) with a parking and landscaping maintenance agreement; or operation and easement agreement shall be recorded. 16. Prior to Final Map approval, an Irrevocable Offer of Dedication for parking and access between this site and the commercial center to the west shall be reviewed and approved by the Community Development Director and City Engineer/Public Works Director, and subsequently recorded. Engineering / Public Works 17. Prior to Final Map approval and recordation, provide drainage covenants from adjacent property subject to the satisfaction of the City Engineer. 18. Prior to Final Map approval and recordation, provide access agreements and covenants from adjacent property subject to the satisfaction of the Community Development Director and City Engineer/Public Works Director. -End- 38