HomeMy WebLinkAboutAGENDA REPORT 2020 0715 CCSA REG ITEM 09A SUPPLEMENTAL
MOORPARK CITY COUNCIL
SUPPLEMENTAL AGENDA REPORT
TO: Honorable City Council
FROM: Karen Vaughn, Community Development Director
DATE: 07/15/2020 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
SUPPLEMENTAL MATERIAL
Subsequent to the preparation of the staff report, Section 5 of the Amended Deed
Restriction was further revised to incorporate clarifying language regarding payment
responsibility for future entitlement costs.
Attachment: Amended Deed Restriction
Item: 9.A.
SUPPLEMENTAL #1
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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 pursuant to
Government Code Section 65864 et seq. (a “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,
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.
ATTACHMENT
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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 seek
assurances that any future development of the Hilltop Parcel will require the approval of a
Development Agreement between the City and the Land Owner and that the Hilltop Parcel will
only be developed 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, a Zoning Map amendment to change the
zoning for the Parcel from M-1 (Industrial Park) to a commercial zone, and a
Development Agreement; or (b) the City undertakes, on its own initiative, the
General Plan and Zoning changes noted in subsection (a) above either as a
parcel specific action or as part of a General Plan and Zoning Code Update and
the City and Land Owner enter into a Development Agreement for development
of the Hilltop Parcel. The Development Agreement under subsection (a) or (b) of
this Section shall, at a minimum, contain provisions for vehicular and pedestrian
accessibility to and from the Hilltop Parcel, require the developer to install street
frontage improvements in the form of landscaping, lighting and other
improvements along Princeton Avenue, and the developer’s contribution to traffic
signal improvements at the intersection of Nogales Avenue and Princeton
Avenue. 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 the
General Plan and Zoning amendment provisions of 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, but the Development Agreement
provisions required herein shall survive and remain in effect 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, provided a Development
Agreement has been entered into consistent with the terms specified herein.
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
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ownership thereof, and their respective grantees, heirs, executors,
administrators, successors and assigns, until such time as the General Plan,
Zoning Map amendments and Development Agreement 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 and Development Agreement 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 adoption of the
General Plan and Zoning Map amendments and Development Agreement
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
Comprehensive General Plan and Zoning Map changes specified in subsection (b)
of Section 2, Land Owner previously has 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 the City’s comprehensive
General Plan and Zoning Code and Map Update only and shall not be applied to
the City’s costs in preparing and processing the Development Agreement
required by either subsection (a) or (b) of Section 2 or any other development
application required in connection with the development of the Hilltop Parcel.
Except for the City’s costs of processing the Comprehensive General Plan and
Zoning Map changes specified in subsection (b) of Section 2, Land Owner shall
pall any and all other costs to process all other applications for development of
the property, including the Development Agreement required under subsection
(a) or (b) of Section 2, and in connection therewith, As consideration for the
City’s processing of any applicant initiated General Plan, Zoning and
Development Agreement specified in subsection (a) of Section 2, the Land
Owner shall be required to make a deposit for each application in such amount
as is provided in the City’s adopted fee schedule, which is currently specified in
City Council Resolution 2018-3752, but as may be amended from time to time.
This applicant deposit will be separate from the $20,000 payment for the City’s
comprehensive General Plan and Zoning Code and Map Update. The applicant
shall then pay all of the City’s costs in processing those applications. 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
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and other professional services and consultants determined necessary by City in
its sole discretion to prepare the General Plan amendments, and Zoning Map
amendments, Development Agreement, and all other development applications,
and, if necessary, to defend approval of the General Plan amendments, and
Zoning Map amendments and Development Agreement and all other
development applications. 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, Iin the event that the costs incurred by the City
in connection with its preparation and approval of the General Plan, and Zoning
Map amendments, and Development Agreement under subsection (a) of Section
2, or other applications for development of the Hilltop Parcel, or the
Development Agreement and any other applications for development of the
Hilltop Parcel under subsection (b) of Section 2 exceed the applicable deposit ,
then the applicable successor and/or assignee of Land Owner shall reimburse the
City for such costs incurred above and beyond the deposit . 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 the City’s
comprehensive General Plan and Zoning Code and Map Update, and all such
costs over and above the total amount payable to the City for that purpose
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.
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
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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]
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
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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
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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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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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
Exhibit A-1
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EXHIBIT "A"
Legal Description
Exhibit A-2
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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-3
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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-4
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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 B-1
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EXHIBIT "B"
Depiction of the “Hilltop Parcel”
Parcel A of Lot Line Adjustment
Exhibit B-2
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