HomeMy WebLinkAboutAGENDA REPORT 2020 0701 CCSA REG ITEM 09ACITY OF MOORPARK, CALIFORNIA
City Council Meeting
of July 1, 2020
ACTION Continued Item to Meeting of July
15, 2020.
BY B.Garza.
A. Consider a Resolution Requiring an Amended and Restated Deed Restriction for
a Vacant, 21.80-acre Property Located on the West Side of Princeton Avenue
and South of State Route 118, Removing the Requirement for Preparation of a
Specific Plan and Requiring a General Plan Amendment and Zone Change to a
Commercial Land Use prior to Future Development of the Property, and Making
a Determination of Exemption Pursuant to the California Environmental Quality
Act in Connection Therewith, on the Application of Mark Ross, Agent, Sunbelt
Enterprises, LLC; and a Resolution Amending the Fiscal Year 2020/21 Budget by
$20,000 for the Remaining Deposit to Partially Fund the City’s Comprehensive
General Plan Update. Staff Recommendation: Adopt Resolution No. 2020-____
approving a requirement that the property owner record an amended and
restated deed restriction removing the requirement to prepare a Specific Plan
and requiring a General Plan Land Use Map Amendment and Zone Change to a
commercial land use prior to future site development and amending the fiscal
year 2020/21 budget by $20,000 for the transfer of the deposit from the Applicant
and authorize the use of the money to partially fund the City’s Comprehensive
General Plan Update. (ROLL CALL VOTE REQUIRED) (Staff: Karen Vaughn)
Item: 9.A.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Karen Vaughn, Community Development Director
BY: Jerry Hittleman, Senior Contract Planner
DATE: 07/01/2020 Regular Meeting
SUBJECT: Consider a Resolution Requiring an Amended and Restated Deed
Restriction for a Vacant, 21.80-acre Property Located on the West
Side of Princeton Avenue and South of State Route 118, Removing
the Requirement for Preparation of a Specific Plan and Requiring a
General Plan Amendment and Zone Change to a Commercial Land
Use prior to Future Development of the Property, and Making a
Determination of Exemption Pursuant to the California
Environmental Quality Act in Connection Therewith, on the
Application of Mark Ross, Agent, Sunbelt Enterprises, LLC; and a
Resolution Amending the Fiscal Year 2020/21 Budget by $20,000 for
the Remaining Deposit to Partially Fund the City’s Comprehensive
General Plan Update
PROJECT SUMMARY
On June 1, 2016, the City Council approved a requirement that the Hilltop Property
owner record a deed restriction requiring that a Specific Plan be processed prior to site
development and $20,000 be deposited with the City for preparation of the Specific
Plan. The City had contemplated a Specific Plan for the Hilltop property as well as the
Virginia Colony community to the south. The boundaries of the Specific Plan area were
never defined, and the Hilltop parcel was the only property with the deed restriction
requiring preparation of a Specific Plan.
The property owner approached the City in 2019 with a request to remove the deed
restriction. As the City has embarked upon a comprehensive update to the General
Plan which will include discussion and analysis of future land uses city-wide, including
the Princeton Avenue/Virginia Colony area, there is no longer a need to conduct a
separate standalone planning initiative for this area. Staff and the property owner
negotiated an amended and restated deed restriction that would remove the
requirement to prepare a Specific Plan and instead require a General Plan Land Use
Map Amendment and Zone Change to a commercial land use prior to future site
Item: 9.A.
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development. Negotiations also resulted in the City’s retention of the $20,000 to help
fund City’s General Plan Update efforts.
BACKGROUND
The subject property is a vacant, 21.80-acre parcel, generally located south of State
Route (SR) 118 and west of Princeton Avenue. On October 28, 2014, Sunbelt
Enterprises, LLC, filed a General Plan Amendment Pre-Screening application for
conceptual review of a proposal to modify the General Plan Land Use Designation of
two small remnant freeway parcels adjacent to the Hilltop Property from Freeway/Right
of Way to I-1 (Light Industrial) and change the zoning from RE-1 (Rural Exclusive,
1-Acre) to M-1 (Industrial Park). This request was reviewed by the Community and
Economic Development Committee and was approved on July 1, 2015, by the City
Council, provided that the General Plan Amendment be subject to a deed restriction
requiring the preparation of a Specific Plan prior to development of the site.
Additionally, the developer was required to deposit $20,000 with the City towards the
preparation of a Specific Plan.
On September 29, 2015, Sunbelt Enterprises, LLC filed applications for a General Plan
Amendment and Zone Change to create consistent land use and zoning designations
among four lots under the same ownership on a 36-acre site. That request allowed for a
future lot line adjustment so that three existing individual buildings on the site would be
located on their own lots, and one remaining large vacant lot would be created for future
development (the "Hilltop" lot). The General Plan Amendment proposed to change the
land use designation on the two small remnant freeway parcels (0.04 acres and 0.57
acres) from Freeway/Right of Way to I-1 (Light Industrial). The Zone Change was
proposed to change the zoning designation of the attached contiguous lot fronting on
Princeton Avenue from Rural Exclusive 1-acre minimum (RE 1-AC) to Industrial Park
(M-1) to be consistent with the rest of the site and its General Plan land use
designation.
On May 16, 2016, the Planning Commission recommended that the City Council
approve the General Plan Amendment and Zone Change requests.
On June 1, 2016, the City Council approved the General Plan Amendment request via
Resolution No. 2016-3508 and included the requirement that a deed restriction be
recorded requiring the processing of a Specific Plan prior to development of the Hilltop
Property. The City Council also required the Applicant to provide a $20,000 initial
deposit to the City for preparation of the Specific Plan. The deed restriction was
recorded against the property and Sunbelt Enterprises LLC, deposited $20,000 with the
City on August 28, 2018.
On July 28, 2016, the City Council approved the Zone Change request via Ordinance
No. 438.
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On March 22, 2017, the property owner recorded a lot line adjustment creating the
21.80-acre Hilltop Property and three separate properties to the east with developed
industrial uses that were formerly part of a larger 36-acre property.
On December 6, 2019, the property owner submitted a request to remove the deed
restriction to develop a Specific Plan and that the $20,000 deposit be refunded. The
property owner noted the burden that the deed restriction placed on the property and
their inability to successfully market/sell the land. Through discussions with City staff,
the Applicant agreed to allow the deposit to be used toward the comprehensive update
to the City’s General Plan. The landowner further agreed to record an amended and
restated deed restriction requiring that any development of the Hilltop Property be
limited to commercial uses as permitted or conditionally permitted under the Moorpark
Municipal Code.
The proposed amended and restated deed restriction would require that the landowner
apply for and obtain prescreening approval followed by a General Plan Land Use Map
amendment to change the designation for the Parcel from Light Industrial (IL) to a
commercial land use designation and a Zone Change for the Parcel from Industrial Park
(M-1) to a commercial zone. It would also be acceptable if the City amends the land
use designation to a commercial use through the General Plan Update currently
underway. In addition, the amended and restated deed restriction would be void if the
General Plan Land Use Map and the Zone Change have not occurred within five (5)
years following the date of recordation and the property would remain in its current
industrial zoning and General Plan designation.
The Applicant has agreed to record an amended and restated deed restriction (see
Attachment 3 for the full text of the amended deed restriction) against the property that
states:
For five (5) years following the date of recordation of this Amended and Restated
Deed Restriction, any development of the Hilltop Parcel shall be limited to
commercial uses as permitted or conditionally permitted under the Moorpark
Municipal Code, provided that prior to the issuance of a grading or building
permit for the Hilltop Parcel or commencement of any commercial use of that
Parcel, one of the following has occurred: (a) the Land Owner has applied for,
the City has diligently processed, and the Land Owner has obtained General
Plan prescreening approval followed by a General Plan Land Use Map
amendment to change the designation for the Parcel from LI (Light Industrial) to
a commercial land use designation and a Zoning Map amendment to change the
zoning for the Parcel from M-1 (Industrial Park) to a commercial zone; or (b) the
City undertakes, on its own initiative, the changes noted in subsection (a) above
either as a parcel specific action or as part of a General Plan and Zoning Code
Update. If the General Plan and Zoning Map amendments noted in subsection
(a) or (b) of the preceding sentence have not occurred within five (5) years
following the date of this Restated and Amended Deed Restriction, then this
Restated and Amended Deed Restriction shall be void and of no further force
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and effect and the City shall record a quitclaim documenting same, and the Land
Owner will be allowed to obtain grading and building permits for, and to
commence uses of the Parcel in compliance with, the applicable General Plan
land use and Zoning designation of the property at that time.
The proposed action represents a future policy decision regarding use of the Hilltop
Property. No change to the General Plan or zoning designation of the subject property
is authorized with this request. Similarly, no development is authorized by this action.
Any amendment to the General Plan, change to the zoning designation, or development
of the Hilltop Property would be considered as separate, discretionary actions as
outlined in the Municipal Code and would be evaluated with a full assessment of
potential environmental impacts pursuant to the California Environmental Quality Act.
EXISTING AND SURROUNDING LAND USES
The 21.80-acre project site is currently vacant and consists of a previously graded
9-acre building pad and vegetated slopes accessed by a road from Princeton Avenue to
the south. The pad was graded in the 1950s or 1960s in anticipation of future
development of the site. Since that time, trash was placed in the ravine adjacent to the
site, which is being removed and remediated. Three industrial buildings accessed from
Princeton Avenue are located on a separate lot directly east of the subject site. The
following table identifies the General Plan, zoning, and existing land uses on the Hilltop
Property and other properties in the vicinity:
Location General Plan Zoning Existing Land Use
Project Site I-1
(Light Industrial)
M-1
(Industrial Park), Vacant
North FRWY-R/W N/A SR-118
Freeway Interchange
South
I-1
(Light Industrial),
M (Residential
Medium Density)
RE-1ac
(Rural Exclusive 1-Acre)
and R-1-6
(Single Family Residential)
Undeveloped
Remnant Parcels for
Princeton Avenue
Widening Project,
Single Family
Residential
East I-1
(Light Industrial)
M-1
(Industrial Park)
Retail Motorcycle
Dealership,
Industrial/Offices
West FRWY-R/W N/A SR-118 Freeway
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ANALYSIS
In 2016, the City Council required that a Development Agreement and Specific Plan be
processed prior to development of the subject site in order to prevent piecemeal
planning of the 21.80-acre Hilltop Property and surrounding properties to the south and
east. A Specific Plan provides tailored planning and zoning standards for the orderly
development of major geographic areas. In addition, General Plan Policy 6.1 states that
“Specific Plans shall be utilized as a tool for implementation of General Plan policies
and priorities for larger land areas.”
The existing General Plan designates geographic areas of the city for Specific Plans.
This includes Hitch Ranch (Specific Plan No. 1) and Carlsberg (Specific Plan 92-1).
While a requirement to develop a Specific Plan was required for the Hilltop Property, the
General Plan was not amended to create a new Specific Plan designation for this area.
Thus, an inconsistency was created which would require a subsequent General Plan
Amendment to implement.
The City is currently preparing a comprehensive update to the General Plan that will
include an analysis of future land use goals and policies Citywide, including the 21.80-
acre Hilltop Property. This project also includes a comprehensive update to the City
Zoning Code. Staff anticipates that the General Plan will ensure orderly and compatible
development of this area and eliminate the need to process a separate Specific Plan for
this area. The $20,000 originally to be used for preparation of a Specific Plan would be
redirected to help fund the General Plan Update, which will include an assessment of
potential future commercial use for the project site and industrial uses for the adjacent
area to the east and Virginia Colony.
Due to the high visibility of the property, the applicant and City staff believes that a
commercial use would be more appropriate for the site as opposed to the current
industrial land use designation and zoning. Some examples of allowable commercial
uses include retail, hotel, office and professional, government services, health care, and
educational uses.
The amended and restated deed restriction would require the landowner to apply for
and obtain a General Plan prescreening approval followed by a General Plan Land Use
Map amendment to re-designate the site for commercial use and a Zone Change from
M-1 to a commercial zone prior to development of the site. Another course of action
that would also be acceptable under the revised deed restriction is if the City revises the
General Plan and Zoning designations for the project site to commercial as part of the
City’s General Plan Update prior to future development of the site. The proposed five-
year timeframe for either party to advance this proposal is reasonable for the applicant
to process the required entitlements or for the City to adopt an update to the General
Plan Land Use Element and update the Zoning Code.
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ENVIRONMENTAL DETERMINATION
In accordance with the City’s environmental review procedures adopted by resolution,
the Community Development Director (Director) determines the level of review
necessary for a project to comply with the California Environmental Quality Act (CEQA).
The Director has reviewed this request and found it to be categorically exempt from the
provisions of CEQA pursuant to Section 153061(b)(3), which states the activity is
covered by the commonsense exemption that CEQA applies only to projects which
have the potential for causing a significant effect on the environment. The proposed
amended and restated deed restriction will not have any physical effect on the
environment. If the amendment to the General Plan and zoning designations outlined in
the proposed deed restriction are pursued, these actions would be subject to
environmental review at that time pursuant to CEQA Guidelines.
NOTICING
Public Notice for this meeting was given consistent with Chapter 17.44.070 of the
Zoning Ordinance as follows:
Mailing. The notice of the public meeting was mailed on June 18, 2020, 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.
FISCAL IMPACT
The Applicant’s $20,000 initial deposit to the City for preparation of the Specific Plan
was recorded in Project Account D6353-24100. This deposit is proposed to be
transferred to Community Development Fund (2200). A budget amendment for fiscal
year 2020/21 is requested to increase Community Development Fund’s Revenue
Account (2200-000-0000-43360) by $20,000 and increase the Planning Division’s
Contractual Services expense account (2200-161-0000-51000) by the same amount.
PLANNING COMMISSION RECOMMENDATION
On January 2, 2020, the Planning Commission unanimously adopted Resolution
No. PC 2020-651 (Attachment 4) to recommend that the City Council adopt a
requirement that the property owner record an amended and restated deed restriction
removing the requirement to prepare a Specific Plan and requiring a General Plan Land
Use Map Amendment and Zone Change to a commercial land use prior to future site
development.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
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STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
Adopt Resolution No. 2020-____ approving a requirement that the property owner
record an amended and restated deed restriction removing the requirement to prepare a
Specific Plan and requiring a General Plan Land Use Map Amendment and Zone
Change to a commercial land use prior to future site development and amending the
fiscal year 2020/21 budget by $20,000 for the transfer of the deposit from the Applicant
and authorize the use of the money to partially fund the City’s Comprehensive General
Plan Update.
Attachment 1: Aerial Map
Attachment 2: Draft Resolution No. 2020-____
Attachment 3: Draft Amended and Restated Deed Restriction
Attachment 4: Planning Commission Resolution No. PC-2020-651
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Aerial Map - Hilltop Property ATTACHMENT 1
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ATTACHMENT 2
RESOLUTION NO. 2020-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, REQUIRING THAT AN AMENDED
AND RESTATED DEED RESTRICTION BE RECORDED FOR A
VACANT, 21.80-ACRE PROPERTY (ASSESSOR PARCEL
NUMBER 513-0-010-295) LOCATED ON THE WEST SIDE OF
PRINCETON AVENUE AND SOUTH OF HIGHWAY 118,
REMOVING THE REQUIREMENT FOR PREPARATION OF A
SPECIFIC PLAN AND REQUIRING A GENERAL PLAN LAND
USE MAP AMENDMENT AND ZONE CHANGE TO A
COMMERCIAL LAND USE PRIOR TO FUTURE DEVELOPMENT
OF THE PROPERTY , AND AMENDING THE FISCAL YEAR
2020/21 BUDGET BY $20,000 FOR THE TRANSFER OF
APPLICANT’S DEPOSIT ALLOCATED FOR THE SPECIFIC PLAN
TO PARTIALLY FUND THE CITY’S COMPREHENSIVE GENERAL
PLAN UPDATE FOR THE APPLICATION OF MARK ROSS,
AGENT, SUNBELT ENTERPRISES, LLC
WHEREAS, on December 6, 2019, an application was filed by Sunbelt
Enterprises LLC to remove the deed restriction requiring the preparation of a Specific
Plan prior to development of the 21.80-acre Hilltop Property located on the west side of
Princeton Avenue, South of Highway 118 (the “Hilltop Property”); and
WHEREAS, on June 2, 2020, the Planning Commission adopted Resolution No.
2020-651, recommending that the City Council adopt a Resolution requiring that an
amended and restated deed restriction be recorded removing the requirement to
prepare a Specific Plan and requiring a General Plan Land Use Map Amendment and
Zone Change to a commercial land use prior to future site development; and
WHEREAS, at a duly noticed public hearing on July 1, 2020, the City Council
considered an agenda report for removal of the requirement to prepare a Specific Plan
and requiring a General Plan Land Use Map Amendment and Zone Change to a
commercial land use prior to future site development; and
WHEREAS, as stated in the agenda report, the $20,000 deposit for preparation
of a specific plan from the developer’s project account (D6353-24100) would be
transferred to Community Development Fund (2200). A budget amendment for fiscal
year 2020/21 is requested to increase Community Development Department Revenue
Account 2200-000-0000-43360 by $20,000 and increase the Planning Division’s
Contractual Services expenditure account 2200-161-0000-51000 by the same amount
to authorize the money to be used to partially fund the City’s Comprehensive General
Plan update; and
WHEREAS, the Community Development Director has determined that this
project is categorically exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to Section 153061(b)(3), which states the activity is
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Resolution No. 2020-____
Page 2
covered by the commonsense exemption that CEQA applies only to projects which
have the potential for causing a significant effect on the environment. Neither the
removal of the existing deed restriction nor the addition of the proposed amended and
restated deed restriction will have any physical effect on the environment. The proposed
action is advisory and represents a policy decision regarding the potential future use of
the Hilltop Property. If the amendment to the General Plan and zoning designations of
the subject property are pursued, these actions would be subject to environmental
review at that time pursuant to CEQA Guidelines.
WHEREAS, on July 1, 2020, the City Council adopted Resolution No. 2020-___,
for the action referenced above.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DETERMINATION: The City Council
concurs with the Community Development Director’s determination that this project is
Exempt from the provisions of CEQA pursuant to Section 153061(b)(3), which states
that the activity is covered by the commonsense exemption that CEQA applies only to
projects which have the potential for causing a significant effect on the environment.
SECTION 2. SPECIFIC PLAN REQUIREMENT REMOVAL FINDING: Based
upon the information set forth in the staff report(s), accompanying studies, and oral and
written public testimony, the Planning Commission finds that a Specific Plan would not
serve the interests of establishing future land uses and policies for the 21.80-acre
Hilltop Property and surrounding area.
SECTION 3. GENERAL PLAN LAND USE MAP AMENDMENT: Based upon
the information set forth in the staff report(s), accompanying studies, and oral and
written public testimony, the Planning Commission finds that in order to facilitate future
commercial development of the highly visible and prominent project site the landowner
shall apply for and obtain a General Plan Land Use Map Amendment to a commercial
land use designation.
SECTION 4. ZONE CHANGE: Based upon the information set forth in the
staff report (s), accompanying studies, and oral and written public testimony, the
Planning Commission finds that in order to facilitate future commercial development of
the project site the landowner shall apply for and obtain a Zone Change to a commercial
zone district.
SECTION 5. BUDGET AMENDMENT: The budget amendment of $20,000 to
increase revenues and expenditures, as more particularly described in Exhibit A,
attached hereto, is hereby approved.
SECTION 6. CITY COUNCIL APPROVAL: The City Council approves this
resolution requiring that an amended and restated deed restriction be recorded for a
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Resolution No. 2020-____
Page 3
vacant, 21.80-acre property located on the west side of Princeton avenue and south of
highway 118, removing the requirement for preparation of a specific plan and requiring
a general plan land use map amendment and zone change to a commercial land use
prior to future development of the property , and redirecting $20,000 allocated for the
specific plan to partially fund the city’s comprehensive general plan update for the
application of Mark Ross, agent, Sunbelt Enterprises, LLC.
SECTION 7. CERTIFICATION OF ADOPTION: The City Clerk shall certify to
the adoption of this resolution and shall cause a certified resolution to be filed in the
book of original resolutions.
PASSED AND ADOPTED this 1st day of July, 2020.
Janice S. Parvin, Mayor
ATTEST:
Ky Spangler
City Clerk
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Resolution No. 2020-____
Page 4
FUND BALANCE ALLOCATION:
Fund-Account Number Amount
2200-000-00000-33990 -$
Total -$
REVENUE BUDGET ALLOCATION:
Account Number Current Budget Revision Amended Budget
2200-000-00000-43360 (25,000.00)$ (19,770.50)$ (44,770.50)$
Total (25,000.00)$ (19,770.50)$ (44,770.50)$
EXPENDITURE APPROPRIATION:
Account Number Current Budget Revision Amended Budget
2200-161-00000-51000 25,000.00$ 19,770.50$ 44,770.50$
Total 25,000.00$ 19,770.50$ 44,770.50$
Fund Title
Community Development Fund
FY 2020/21
EXHIBIT A
BUDGET AMENDMENT FOR
COMMUNITY DEVELOPMENT FUND (2200)
FOR TRANSFER OF REMAINING DEPOSIT FROM PROJECT D6353
(SP2016-01 SUNBELT ENTERPRISES, LLC) TO PARTIALLY FUND THE
CITY'S COMPREHENSIVE GENERAL PLAN UPDATE
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RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Moorpark
799 Moorpark Ave
Moorpark, CA 93021
Attn: City Clerk
(SPACE ABOVE THIS LINE FOR RECORDER’S
ASSESSOR’S PARCEL No. 513-0-010-295
AMENDED AND RESTATED DEED RESTRICTION
THIS AMENDED AND RESTATED DEED RESTRICTION (herein “Amended Deed
Restriction”) is executed by each of (i) SUNBELT ENTERPRISES, LLC, a California limited
liability company (“Land Owner”) as to this Amended and Restated Deed Restriction in its
entirety, and (ii) Neal H. Brockmeyer and Bjorn R.K. Nilsen, co-trustees of the Fred Kavli
Living Trust, dated October 19, 2010, as amended (the “Trust”), only as to the provisions of
Section 3 below, and is approved and consented to by the CITY OF MOORPARK, a municipal
corporation of the State of California (“City”), so as to supersede and replace the Deed
Restriction recorded on the Property on July 14, 2016 as Document No. 20160714-00098955-
0 (“Deed Restriction”) and with reference to the following facts:
A. Land Owner is the owner of a certain real property that is comprised of one (1)
parcel known as the “Hilltop Parcel,” more particularly described on the attached Exhibit A (and
also referred to herein as the “Property”). The Trust is irrevocable.
B. In connection with a General Plan Land Use Map Amendment approved by the
City of Moorpark on July 1, 2016 and a Lot Line Adjustment recorded on March 22, 2017, the
City sought assurances that any future development of the Hilltop Parcel will include the
creation of a specific plan for the Hilltop Parcel (the “Specific Plan”) and a development
agreement between the City and the developer/owner of the Hilltop Parcel (the “Development
Agreement”).
C. To help effectuate the outcomes sought by the Land Owner and the City as
outlined in Recitals A — B above, the Land Owner agreed to encumber the Hilltop Parcel and
certain other property then under common ownership with Land Owner in accordance with a
Deed Restriction recorded on the Property on July 14, 2016 as Document No. 20160714-
00098955-0 (“Deed Restriction”) that required a Specific Plan and a Development Agreement to
be approved for development of the Hilltop Parcel.
D. On August 10, 2017, the City approved Land Owners request for Lot Line
Adjustment No. 2015-02 (Revised) which was filed with the County Recorder’s Office on August
15, 2017 as Document No. 20170815-00105593-0 (the “Lot Line Adjustment”) which revised
and corrected the earlier March 22, 2017 Lot Line Adjustment that reconfigured parcel lines of
the property within the boundaries of the Lot Line Adjustment in order to place three existing
industrial buildings, which were previously all on one single parcel, on their own separate,
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12853-0077\2421903v8.doc
ATTACHMENT 3
13
individual parcels. By doing so, the remaining fourth parcel, shown as Parcel A on the Lot Line
Adjustment was reconfigured into the current Hilltop Parcel.
E. Land Owner and City now desire to enter into this Amended and Restated Deed
Restriction to replace and supersede the Deed Restriction as to the Hilltop Parcel and to now
provide for the development of the Hilltop Parcel for commercial land uses rather than industrial
uses.
NOW, THEREFORE, subject to the terms contained herein, Land Owner hereby
covenants, acknowledges and agrees to restrict the Hilltop Parcel as follows:
1.Replacement of Deed Restriction. This Amended and Restated Deed
Restriction shall supersede and replace the Deed Restriction.
2.Restriction. For five (5) years following the date of recordation of this
Amended and Restated Deed Restriction, any development of the Hilltop Parcel
shall be limited to commercial uses as permitted or conditionally permitted under
the Moorpark Municipal Code, provided that prior to the issuance of a grading or
building permit for the Hilltop Parcel or commencement of any commercial use of
that Parcel, one of the following has occurred: (a) the Land Owner has applied
for, the City has diligently processed, and the Land Owner has obtained General
Plan prescreening approval followed by a General Plan Land Use Map
amendment to change the designation for the Parcel from LI (Light Industrial) to
a commercial land use designation and a Zoning Map amendment to change the
zoning for the Parcel from M-1 (Industrial Park) to a commercial zone; or (b) the
City undertakes, on its own initiative, the changes noted in subsection (a) above
either as a parcel specific action or as part of a General Plan and Zoning Code
Update. If the General Plan and Zoning Map amendments noted in subsection
(a) or (b) of the preceding sentence have not occurred within five (5) years
following the date of this Restated and Amended Deed Restriction, then this
Restated and Amended Deed Restriction shall be void and of no further force and
effect and the City shall record a quitclaim documenting same, and the Land
Owner will be allowed to obtain grading and building permits for, and to
commence uses of the Parcel in compliance with, the applicable General Plan
land use and Zoning designation of the property at that time.
3.Term. This Amended and Restated Deed Restriction shall become effective
upon its recordation in the Official Records of Ventura County, California (the
“Official Records”), and this Amended and Restated Deed Restriction (including,
without limitation, Section 4 below) shall be binding upon the Land Owner, and
each other person and entity having any interest in the Hilltop Parcel during their
ownership thereof, and their respective grantees, heirs, executors,
administrators, successors and assigns, until such time as the General Plan and
Zoning Map amendments specified in Section 2 shall have been approved and
adopted by the City, shall have become effective, and ninety (90) days shall have
thereafter elapsed without any legal challenge having been filed (or if filed, shall
have been dismissed or the General Plan and Zoning Map amendments shall
have been upheld), at which point this Amended and Restated Deed Restriction
shall automatically terminate and have no further force or effect. Prior to the
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12853-0077\2421903v8.doc 14
adoption of the General Plan and Zoning Map amendments specified in Section 2,
this Amended and Restated Deed Restriction may only be terminated pursuant to
a written termination executed by both the Land Owner or its successors and/or
assigns and the City and recorded in the Official Records.
4.Indemnification / Release. Land Owner and its successors and/or assigns to
all or any portion of the Hilltop Parcel, and the Trust and its successors and/or
assigns, agree to jointly and severally indemnify, defend and hold the City
harmless from all third party claims arising from this Amended and Restated
Deed Restriction, and each of Land Owner and the Trust (and such successors-
in-interest) hereby waives and releases the City from any claim regarding the
effect of this Amended and Restated Deed Restriction on the value and future
development of the Hilltop Parcel. The indemnification obligations of each Land
Owner and the Trust pursuant to this Section 4 shall terminate upon the
termination of this Amended and Restated Deed Restriction.
5.Payment of City Costs. As consideration for the City’s processing of the
General Plan and Zoning changes specified in Section 2, Land Owner previously
agreed and did pay to the City the amount of Twenty Thousand and No/100
Dollars ($20,000.00). Said amount shall be applied by City to City’s costs of
preparing and processing the General Plan and Zoning Map amendments. Costs
incurred by the City may include but shall not be limited to costs of City staff
(including city overhead), planning, civil engineering, traffic engineering, legal
and other professional services and consultants determined necessary by City in
its sole discretion to prepare the General Plan and Zoning Map amendments,
and, if necessary, to defend approval of the General Plan and Zoning Map
amendments. All contract costs and out of pocket costs (such as mapping and
printing) incurred by the City and payable by Land Owner shall be increased by
fifteen percent (15%) for City administrative costs. Notwithstanding the
foregoing, in the event that the costs incurred by the City in connection with its
preparation and approval of the General Plan and Zoning Map amendments
exceed $20,000, then the applicable successor and/or assignee of Land Owner
shall reimburse the City for such costs incurred above and beyond $20,000,
provided, however, that the total amount payable to the City pursuant to this
Section 5 shall not under any circumstances exceed $100,000. Except as
expressly provided herein, neither Land Owner nor any of its successors and/or
assigns shall have any further financial obligation with respect to the costs of
preparing the General Plan Land Use and Zoning Map amendments, and all such
costs over and above the total amount payable to the City pursuant to this
Section 5 shall be borne entirely by the City. City shall keep records of the costs
incurred by City.
6.Representations and Warranties. Land Owner hereby represents and
warrants to the City that it is the sole owner of the Hilltop Parcel and that, as of
the date hereof, there are no delinquent taxes, assessments or other liens
affecting the Property which, if foreclosed, would extinguish this Amended and
Restated Deed Restriction.
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12853-0077\2421903v8.doc 15
7.Notices. All notices pursuant to this Amended and Deed Restriction shall be
addressed as set forth below or as either party may hereafter designate by
written notice and shall be sent through the United States mail.
If to LAND OWNER
and/or the TRUST:
Sunbelt Enterprises, LLC
1801 Solar Drive, Suite 250
Oxnard, CA 93030
Attention: Bjorn R.K. Nilsen
And also to
Cohen Begun and Deck, LLC
4165 E. Thousand Oaks Boulevard
Suite 101
Westlake Village, CA 91362
Attention: Thomas Cohen, Esq.
If to CITY: City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attention: City Manager
8.Rights of Lenders. No breach or violation of this Amended and Restated Deed
Restriction shall defeat or render invalid, or impair the obligation or priority of
the lien of any mortgage, deed of trust or similar instrument securing a loan,
made in good faith and for value, with respect to the Property and/or the Hilltop
Parcel.
9.Severability. If any provision of this Amended and Restated Deed Restriction is
held to be invalid, illegal or unenforceable, the validity, legality and enforceability
of the remaining portions hereof shall not in any way be affected or impaired
thereby.
10.Counterparts. This Amended and Restated Deed Restriction may be
simultaneously executed in multiple counterparts, all of which shall constitute
one and the same instrument, and each of which shall be deemed to be an
original.
[Signatures on the Following Page]
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12853-0077\2421903v8.doc 16
IN WITNESS WHEREOF, the undersigned has executed this Amended and Restated Deed
Restriction as of this day of ______, 2020.
LAND OWNER:
SUNBELT ENTERPRISES, LLC,
A California limited liability company
By:
Name:
Its:
Fred Kavli Living Trust:
Biorn R. K. Nilsen, as Co-Trustee of the Fred
Kavli Living Trust dated October 19, 2010 as
amended
Neal H. Brockmeyer, as Co-Trustee of the
Fred Kavli Living Trust dated October 19,
2010 as amended
APPROVED AND CONSENTED TO BY:
CITY OF MOORPARK,
A municipal corporation of the State of
California
By:
Troy Brown, City Manager
Date:
Attest:
By:
Ky Spangler, City Clerk
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12853-0077\2421903v8.doc 17
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California )
County of )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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12853-0077\2421903v8.doc 18
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California )
County of )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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12853-0077\2421903v8.doc 19
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
PUBLIC AGENCY FORM OF ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
On this ___ day of ____ in the year 2020, before me, Ky Spangler, City Clerk of the
City of Moorpark, personally appeared Troy Brown, who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument
and who is personally known to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity as
the City Manager of the City of Moorpark, and that by his signature on the instrument,
acknowledged to me that the City executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
Witness my hand and Official Seal
Ky Spangler
City Clerk
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12853-0077\2421903v8.doc 20
EXHIBIT "A"
Legal Description
Exhibit A-1
12853-0077\2421903v8.doc 21
EXHIBIT "A"
Legal Description
Parcel A:
That portion of the North half of Section 3, Township 2 North, Range 19 West, Rancho Simi, in
the City of Moorpark, County of Ventura, State of California, said Section 3 being a part of Tract
"J", in the City of Moorpark, County of Ventura, State of California, as per Map recorded in Book
3, Page 7 of Maps, in the office of the County Recorder of said County, as acquired by by the
State of California by deed (State Parcel 73671), recorded April 17, 1990, as Document No. 90-
56932 of Official Records, in the office of the County Recorder of said County, described as
follows:
Beginning at the Northeasterly corner of the Northwest quarter of said Section 3; thence along
the North line of said Section 3, 1st: South 89° 56' East 136 feet to the Northwesterly line of
Los Angeles Avenue, 50 feet wide, as said Avenue is described in Parcel A in deed to County of
Ventura, recorded in Book 149, Page 455 of Deeds; thence,
2nd: Southwesterly, Southerly, Southwesterly and Westerly along the Northwesterly, Westerly
and Northerly line of said Los Angeles Avenue to the Southeasterly corner of Lot 111 of Colonia
Virginia Tract, as per Map recorded in Book 19, Page 29 of Maps; thence along the boundary of
said Colonia Virginia Tract by the following 6 courses,
3rd: North 6° 06' 35" West 144.51 feet; thence,
4th: North 89° 21' West 507.51 feet; thence,
5th: North 59° 54' 30" West 723.61 feet; thence,
6th: North 80° 49' 50" West 171.52 feet; thence,
7th: North 7° 19' 25" East 487 feet; thence,
8th: West 530 feet to the West line of said Section 3; thence along said West line,
9th: North 1099.35 feet to the Northwesterly corner of said Section 3; thence,
10th: Easterly along the Northerly line of said Section 3 to the point of beginning.
EXCEPT that portion thereof described as follows:
Beginning at the Northeasterly corner of the Northwest quarter of said Section 3; thence along
the Northeast quarter of said Section 3; thence,
1st: South 89° 56' East 136 feet to a non-tangent curve concave to the Southeast and having a
radius of 325 feet, said curve being the Northwesterly line of Los Angeles Avenue, 50 feet wide;
thence,
2nd: Southwesterly along said curve 382.20 feet through a central angle of 67° 22' 50"; thence,
tangent to said curve,
Exhibit A-2
12853-0077\2421903v8.doc 22
3rd: South 0° 04' West 360 feet along the West line of said Los Angeles Avenue; thence,
4th: North 89° 56' West 1320 feet; thence,
5th: North 0° 04' East 660 feet to the North line of said Section 3; thence along last mentioned
North line,
6th: South 89° 56' East 1384 feet to the point of beginning.
ALSO EXCEPT that portion of said land lying Northwesterly and Northerly of the following
described line:
Beginning at the Northeasterly corner of said Section 3; thence along the Easterly line of said
Section, thence
1st: South 0° 28' 18" West 527.21 feet; thence leaving said Easterly line
2nd: North 80° 53' 40" West 150.85 feet; thence,
3rd: North 89° 20' 39" West 670.07 feet; thence,
4th: South 24° 42' 36" West 76.16 feet; thence,
5th: North 82° 28' 49" West 191.50 feet; thence,
6th: North 18° 12' 39" East 52.20 feet; thence,
7th: North 87° 40' 15" West 1,693.33 feet; thence,
8th: South 85° 42' 38" West 635.10 feet; thence,
9th: South 19° 20' 37" East 224.72 feet; thence,
10th: South 77° 28' 28" West 164.92 feet; thence,
11th: North 17° 40' 05' West 243.52 feet; thence,
12th: South 85° 01' 40' West 885.66 feet; thence,
13th: South 42° 46' 05" West 661.76 feet to a point in the Northerly line of Lot 121, Colonia
Virginia Tract, as per Map recorded in Book 19, Page 29 of Maps, in the office of the County
Recorder of said County.
EXCEPT that portion of said land described in deed to County of Ventura, recorded in Book 53,
Page 232 of Deeds.
EXCEPT those portion described as Parcel 67021-1 and Parcel 67021-2, in the Final Order of
Condemnation, Case No. 112630, Superior Court of the State of California, County of Ventura, a
certified copy of which recorded June 4, 1997, as Document No. 97-69352 of Official Records.
Exhibit A-3
12853-0077\2421903v8.doc 23
ALSO EXCEPT that portion lying easterly of the following described line:
Beginning at the northeast corner of said Lot 111 of Colonia Virginia Tract; thence,
1st: North 20° 41' 29" East 103.67 feet; thence,
2nd: North 26° 43' 31" East 184.23 feet; thence,
3rd: North 51° 55 25" East 62.85 feet; thence,
4th: North 31° 19' 59" East 90.13 feet; thence,
5th: North 21° 15' 19" West 97.81 feet; thence,
6th: North 00° 27' 49" West 87.78 feet; thence,
7th: North 17° 17' 15" West 388.24 feet; thence,
8th: North 87° 52' 37" West 101.06 feet; thence,
9th: North 01° 39' 51" East 109.16 feet; thence,
10th: North 75° 53' 04" West 199.61 feet to a point on the line described as North 47° 41' 01"
East 380.00 feet in the description of the above described Parcel 67021-1 and shown as North
46° 56' 52" East on Exhibit B, said point being South 47° 41' 01" West 168.55 feet from the
northerly terminus thereof.
TOGETHER WITH Lot 119 of Colonia Virginia Tract Re-Subdivision, in the City of Moorpark,
County of Ventura, State of California, as per Map recorded in Book 20, Page 33 of Maps, in the
office of the County Recorder of said County.
EXCEPT the interest conveyed to the County of Ventura, in deed recorded October 8,1900, Book
67, Page 370 of Deeds.
ALSO EXCEPT that portion lying Westerly of the Easterly line of land described as Parcel 69012-
1, in deed to the State of California, recorded January 15, 1998, as Document No. 98-5423 of
Official Records.
Exhibit A-4
12853-0077\2421903v8.doc 24
EXHIBIT "B"
Depiction of the “Hilltop Parcel”
Parcel A of Lot Line Adjustment
Exhibit B-1
12853-0077\2421903v8.doc 25
Exhibit B-2
12853-0077\2421903v8.doc 26
ATTACHMENT 4
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28
29