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HomeMy WebLinkAboutAGENDA REPORT 2022 0105 CCSA REG ITEM 11ACITY OF MOORPARK, 
CALIFORNIA City Council Meeting of January 5, 2021 ACTION ADOPTED ORDINANCE NO. 499 (ROLL CALL VOTE: UNANIMOUS). BY K. Spangler. A. Second reading of Ordinance No. 499, Approving Zoning Ordinance Amendment No. 2021-02 and the First Amendment to the Development Agreement Between the City of Moorpark and NLA 118, LLC to Expand the Potential Uses that May be Conducted Within the Commercial Planned Development Zone at 14349 White Sage Road, and Adopt a Negative Declaration Pursuant to the California Environmental Quality Act in Connection Therewith, on the Application of Thomas Schlender of NLA 118, LLC. (ROLL CALL VOTE REQUIRED) (Staff: Shanna Farley, Principal Planner) Item: 11.A. ORDINANCE NO. 499 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT NO. 2021-02 AMENDING CHAPTERS 17.08 (DEFINITIONS) AND 17.20 (USES BY ZONE) OF TITLE 17 (ZONING) OF THE MOORPARK MUNICIPAL CODE TO ADD CERTAIN USES TO THE COMMERCIAL PLANNED DEVELOPMENT ZONE AT 14349 WHITE SAGE ROAD SUBJECT TO A CONDITIONAL USE PERMIT, APPROVE THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2004-02, AND ADOPT A NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION THEREWITH, ON THE APPLICATION OF THOMAS SCHLENDER, ON BEHALF OF NLA 118, LLC WHEREAS, on December 21, 2005, the City of Moorpark entered into Development Agreement No. 2004-02 with NLA 118, LLC for the construction and operation of an appliance retailer and distribution warehouse, located at 14349 White Sage Road; and WHEREAS, on May 4, 2020, Thomas Schlender, on behalf of NLA 118, LLC submitted an application for the First Amendment to Development Agreement (DA) No. 2004-02 and Zoning Ordinance Amendment (ZOA) No. 2021-02 to expand the potential uses that may be conducted within the Commercial Planned Development (CPD) zone at 14349 White Sage Road; and WHEREAS, at the duly noticed public hearing on November 23, 2021, the Planning Commission considered ZOA No. 2021-02, an amendment to Chapter 17.20 (Uses by Zone) of Title 17 (Zoning) of the Moorpark Municipal Code to add certain uses to the Commercial Planned Development Zone, First Amendment to DA (DAA) No. 2004-002, and adoption of a Negative Declaration, and voted 3-0 (Commissioners Alva and Brodsly absent) to adopt Resolution No. PC-2021-665 recommending approval of ZOA No. 2021- 02, First Amendment to DA No. 2004-02, and adoption of a Negative Declaration to the City Council; and WHEREAS, at a duly noticed public hearing on December 15, 2021, the City Council considered ZOA No. 2021-02, DAA No. 2004-02, and adoption of a Negative Declaration, opened the public hearing and took and considered public testimony, closed the public hearing, and discussed and reached a decision on this matter; and WHEREAS, the proposed DAA and ZOA will provide community and economic benefit by allowing certain expanded uses, including laboratories, manufacturing and assembly, film production, and warehousing uses within the Commercial Planned Development Zone, consistent with the General Plan and Land Use Element. The expanded uses would only be permissible on the subject site; and Item: 11.A. 183 Ordinance No. 499 Page 2 WHEREAS, the City Council has read, reviewed, and considered the proposed Initial Study and Negative Declaration prepared for the Project together with any comments received during the public review process and determined that there is no evidence that the Project or any of its aspects would cause a significant effect in the environment and a Negative Declaration has been prepared for the Project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. ENVIRONMENTAL FINDINGS: The City Council finds and declares as follows: A. The Initial Study and Negative Declaration prepared for the project are complete and have been prepared in compliance with the California Environmental Quality Act (CEQA), and the City CEQA Procedures. B. On the basis of the whole record before the City Council (including the Initial Study, Negative Declaration and any comments received), the City Council finds that there is no substantial evidence that the project will have a significant effect on the environment. C. The Negative Declaration reflects the independent judgment and analysis of the City Council. SECTION 2. ADOPTION OF NEGATIVE DECLARATION: The Negative Declaration incorporated herein for ZOA No. 2021-02 and the DAA No. 2004-02 to allow certain expanded uses on the subject site, including laboratories, manufacturing and assembly, film production, and warehousing within the Commercial Planned Development Zone, is hereby adopted. The location and custodian of the documents or other material which constitute the record of proceedings upon which this decision is based are as follows: Carlene Saxton, Community Development Director, City of Moorpark, 799 Moorpark Avenue, Moorpark, CA 93021. SECTION 3. ZONING ORDINANCE AMENDMENT. The City Council hereby approves ZOA No. 2021-02, which amends Chapters 17.08 (Definitions) and 17.20 (Uses by Zone) of Title 17 (Zoning) of the Moorpark Municipal Code to allow expanded uses on the subject site, including laboratories, manufacturing and assembly, film production, and warehousing, located within the Commercial Planned Development Zone, in which these uses would be conditionally permitted, as shown in Exhibit A attached herewith. SECTION 4. FIRST AMENDMENT TO DEVELOPMENT AGREEMENT FINDINGS: Based upon the information set forth in the staff report, accompanying studies, and oral and written public testimony, the City Council makes the following findings in accordance with City of Moorpark, Municipal Code Section 15.40.100: 184 Ordinance No. 499 Page 3 A. The provisions of the First Amendment to the DA, as shown in Exhibit B, are consistent with the General Plan in that it will help achieve the goals of the Land Use Element and is consistent with the goals and policies of all other elements. B. The provisions of the DA and the assurances that said agreement places upon the project are consistent with the provisions of Chapter 15.40 of the Moorpark Municipal Code because the Development Agreement contains the elements required by Section 15.40.030 and shall be processed through a du ly-noticed public hearing process as required by law. SECTION 5. If any section, subsection, sentence, clause, phrase, part or portion of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 6. This ordinance shall become effective thirty (30) days after its passage and adoption. A summary of this ordinance shall, within fifteen (15) days after passage, be published in accordance with Section 36933 of the Government Code of the State of California with the names of the City Councilmembers voting for and against it. SECTION 7. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a written record of the passage and adoption thereof in the minutes of the proceedings of the City Council at which the same is passed and adopted; and shall publish notice of adoption in the manner required by law. PASSED, AND ADOPTED this 5th day of January, 2022. ______________________________ Janice S. Parvin, Mayor ATTEST: ___________________________________ Ky Spangler, City Clerk Exhibit A – Zoning Ordinance Amendment No. 2021-02 Exhibit B – First Amendment to Development Agreement between City of Moorpark and NLA 118, LLC 185 Ordinance No. 499 Page 4 EXHIBIT A ZONING ORDINANCE AMENDMENT NO. 2021-01 AMENDMENT TO CHAPTERS 17.08 (DEFINITIONS) AND 17.20 (USES BY ZONE), OF TITLE 17 (ZONING) OF THE MOORPARK MUNICIPAL CODE Chapter 17.08 (Definitions) of Title 17 (Zoning) shall be amended to include the following additional definitions, inserted with the existing definitions in alphabetical order: “Motion picture and television production studio” shall mean a fixed place of business where filming activities (motion or still photography) are regularly conducted upon the premises. “Photography Studio” shall mean a fixed place of business where still photography activities are regularly conducted upon the premises. Tables 17.20.060, Sections C and D of the Municipal Code shall be amended as shown below wherein underline indicates added text: 17.20.060 PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES [Blank] = Not permitted AP = Administrative Permit CUP = Conditional Use Permit NZC = No Zoning Clearance required TUP = Temporary Use Permit ZC = Permitted by Zoning Clearance Zones C-O C-1 CPD C-2 C- OT M-1 M-2 I A. Retail and Service Uses 1. Adult businesses when in compliance with Sections 17.24.040(N), 17.78.050 and Chapter 5.18 ZC ZC 2. Alcoholic beverage sales for off-site consumption when in conjunction with another city-approved retail or service use other than automobile service station or liquor store a. Beer and/or wine (*if within one hundred [100] feet of a residentially zoned property a conditional use permit is required) CUP AP* AP* AP* AP* b. Beer, wine and other alcoholic beverages CUP CUP CUP CUP CUP 186 Ordinance No. 499 Page 5 Zones C-O C-1 CPD C-2 C- OT M-1 M-2 I 3. Automobile/light truck/motorcycle a. Brakes, oil changes, tires and shock sales and installation, tune-ups and other light service and repair (with or without hydraulic lifts) (*if within one hundred [100] feet of a residentially zoned property a conditional use permit is required) CUP AP* AP* AP* b. Car washes, self-service or automatic with or without automotive services stations CUP CUP c. Engine rebuilding, transmission repair, steam cleaning, auto body, painting CUP CUP d. Parts and supplies ZC ZC ZC ZC e. Rental AP AP AP f. Sales, with or without service and parts CUP CUP CUP g. Service stations with or without mini-marts and with or without beer and wine sales for off-site consumption CUP CUP 4. Body piercing and/or tattoo CUP 5. Building supplies (*if within one hundred [100] feet of a residentially zoned property a conditional use permit is required) AP* CUP CUP 6. Hay and feed sales CUP CUP 7. Hotels, motels and bed and breakfast inns when in compliance with Chapter 5.44 CUP CUP CUP CUP 8. Kennels and catteries CUP CUP 9. Liquor stores (when located no closer than one thousand [1,000] feet of any other liquor store or public or private school) CUP CUP CUP 10. Commercial cannabis activity 11. Nurseries (retail) with or without container grown plants when all equipment and supplies kept in an enclosed area AP 12. Nurseries (wholesale and/or retail) with or without container grown plants when all equipment and supplies kept in an enclosed area AP 13. Pawnshops when in compliance with Chapter 5.32 AP 14. Pest control services (*if within 100 feet of a residentially zoned property a conditional use permit is required) AP* AP* 15. Private post offices, parcel services, copy centers ZC ZC ZC ZC 187 Ordinance No. 499 Page 6 Zones C-O C-1 CPD C-2 C- OT M-1 M-2 I 16. Psychics, fortunetelling, and spiritual advisors when in compliance with Title 5 of the Moorpark Municipal Code (*if within 100 feet of a residentially zoned property a conditional use permit is required) CUP CUP AP* 17. Recreational vehicle storage yards when not located on parcels adjacent to arterial roads or freeways as shown on the Moorpark Circulation Element Highway Network Map and with or without a caretaker dwelling CUP 18. Recycling centers CUP CUP CUP 19. Recycling drop-off bins when located in an area determined by the community development director not to be in conflict with parking, vehicle or pedestrian circulation ZC ZC ZC ZC ZC ZC 20. Rental and leasing of large equipment with or without outdoor storage and repair (*if within one hundred [100] feet of a residentially zoned property a conditional use permit is required) AP* AP* 21. Retail shops and personal service establishments, except as otherwise indicated in this table, including, but not limited to, antiques, art and craft dealers and supplies, bakeries, barbers, beauty salons, bicycle sales/service, books and stationery, camera/photo stores including on-site processing, carpet and flooring sales/ cleaning/installation, clothing and fabric stores, computer sales and service, department and variety stores, dry cleaners, electronic equipment sales and service, florists, food markets, gift and novelty stores, hardware and tool stores, home and office furniture and equipment sales, home appliance sales and service, housewares sales, jewelry stores, key and locksmiths, music stores (including recorded music and musical instrument sales, service, and lessons), newsstands, paint stores, party supply sales and rental, pet grooming, pet sales and supplies, pharmacies, photography studios, pool and spa sales and supplies, shoe stores, sporting goods and ZC ZC ZC 188 Ordinance No. 499 Page 7 Zones C-O C-1 CPD C-2 C- OT M-1 M-2 I equestrian supplies, small equipment rental (no outdoor storage), toy and hobby stores, video/DVD/CD sales and rental, wireless sales/service, and uses which the community development director determines to be similar when in compliance with Section 17.20.030 22. Retail sales combined with limited distribution and/or warehousing not exceeding 40% of gross floor area of the building in which it is located (*if within 100 feet of a residentially zoned property a conditional use permit is required) AP* 23. Retail sales in the M-1 and M-2 zone limited to a maximum of 20% of the gross floor area of the building in which it is located. In an industrial complex the 20% shall be computed on the basis of the cumulative total floor area of the industrial planned development (IPD) AP AP 24. Retail sales (temporary) in the M-1 and M-2 zones. Issuance of a temporary use permit shall take the place of a zoning clearance TUP TUP 25. Thrift stores, secondhand shops, consignment stores when in compliance with Chapter 5.32 AP AP 26. Tobacco sales a. Retail smoking products stores, as defined in Chapter 8.32 CUP b. Sale of tobacco products and electronic cigarette (vaping) products from retail establishments other than retail smoking products stores AP AP AP AP c. Smoking and vaping lounges where tobacco and vaping products are sold for on- site consumption (e.g., cigar lounges, hookah lounges, vaping lounges) other than retail smoking products stores 27.a. Industrial hemp product retail sales, stand-alone retail store CUP CUP CUP CUP 27.b. Industrial hemp product retail sales, accessory (sales display area limited to a maximum of 5% of the retail floor area of the NZC NZC NZC NZC 189 Ordinance No. 499 Page 8 Zones C-O C-1 CPD C-2 C- OT M-1 M-2 I establishment in which it is located) C. Office and Professional Uses 1. Financial services a. Banks and other financial institutions, except those set forth below ZC ZC ZC ZC ZC b. Check cashing, payday loan, and vehicle title loan establishments (Only permitted in CPD Zone) AP c. Automated/automatic teller machines (ATMs) ZC ZC ZC ZC AP 2. Laboratories: research and scientific AP CUP1 AP AP a. Industrial hemp research and testing laboratory CUP CUP CUP 3. Professional and administrative offices, including, but not limited to: accounting, advertising agencies, chiropractic, collection services; dental, direct mail marketing companies, employment agencies, engineering services, insurance, investment; medical, optical and related health services; planning services, real estate services; secretarial services, travel agencies, and uses which the community development director determines to be similar when in compliance with Section 17.20.030 ZC ZC ZC ZC ZC ZC 4. Veterinary offices and animal hospitals a. Without boarding (keeping of animals indoors and on-site for medical purposes shall not be considered boarding) AP AP AP AP AP AP b. With boarding indoors or outdoors CUP CUP CUP 5. Massage establishments when in compliance with Chapter 5.48 of the Moorpark Municipal Code a. Massage establishments with 4 or more massage stations, or where 20% or more of the floor area is dedicated to massage services (Only permitted in the CPD Zone) CUP b. Massage establishments at day spas, salons, or similar uses with 3 or fewer massage stations, provided that less than 20% of the floor area is dedicated to massage services ZC ZC ZC ZC 6. Motion picture and television production CUP1 190 Ordinance No. 499 Page 9 Zones C-O C-1 CPD C-2 C- OT M-1 M-2 I D. Manufacturing, Assembly, Distribution, and Warehousing Uses 1. Cement, concrete and plaster, and product fabrication CUP 2. Distribution and transportation facilities CUP CUP 3. Heavy machinery repair, including trucks, tractors and buses CUP 4. Manufacturing and assembly including, but not limited to, appliances, cabinets, cleaners, clothing, computers, cosmetics, detergents, electronics, furniture, leather products, machinery, medical and scientific instruments, paper, perfumes, pharmaceuticals, photographic and optical goods, plastic products, signs and advertising displays, soap, textiles and other uses which the community development director determines to be similar when in compliance with Section 17.20.030 (*if within 100 feet of a residentially zoned property an administrative permit is required) CUP1 ZC* ZC* 5. Outdoor storage when in conjunction with a city approved use and when all storage is screened by an 8-foot high masonry wall architecturally matched to the structure (*if within 100 feet of a residentially zoned property a conditional use permit is required) CUP AP* AP* 6. Self-storage or mini-storage when not located on parcels adjacent to arterial roads or freeways as shown on the Moorpark Circulation Element Highway Network Map and with or without a caretaker dwelling CUP CUP 7. Warehousing CUP1,2 AP AP 8. Welding AP AP 9. Industrial hemp warehousing, and manufacturing and processing 1) Sites greater than eight (8) acres that are adjacent to both a freeway interchange and an arterial roadway as identified in the circulation element and that are not adjacent to planned residential uses 2) With at least 10% of the floor area of the building dedicated to retail uses. 191 Ordinance No. 499 Page 10 EXHIBIT B FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2004-04 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93021 EXEMPT FROM RECORDER’S FEES Pursuant to Government Code §6103 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MOORPARK AND NLA 118, L.L.C. (WAREHOUSE DISCOUNT CENTER) THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE §65868.5 192 Ordinance No. 499 Page 11 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MOORPARK AND NLA 118, L.L.C. (WAREHOUSE DISCOUNT CENTER) This First Amendment to the Development Agreement ("First Amendment”) is made and entered into on ____________ and is an amendment to that certain Development Agreement (“Agreement”) that was made and entered into on December 21, 2005, and recorded on January 6, 2006 by Instrument No. 20060106-0003983 by and between the CITY OF MOORPARK, a municipal corporation (referred to hereinafter as "City"), and NLA 118, L.L.C. (Warehouse Discount Center), a Delaware limited liability company (“Developer”). City and Developer are referred to hereinafter individually as "Party” and collectively as "Parties." In consideration of the mutual covenants and agreements contained in this First Amendment to the Agreement, City and Developer agree as follows: 1. Recitals. This First Amendment is made with respect to the following facts and for the following purposes, each of which is acknowledged as true and correct by the Parties: a. Pursuant to Government Code Section 65864 et seq. and Moorpark Municipal Code chapter 15.40, City is authorized to enter into a binding contractual agreement with any person having a legal or equitable interest in real property within its boundaries for the development of such property in order to establish certainty in the development process. b. Developer is the owner of real property within the City generally referred to as Commercial Planned Development 2004 -3, Lot 1 of Tract 5004 as more specifically described in Exhibit “A” attached hereto (referred to hereinafter as the “Property”). c. The Parties entered into the Agreement with respect to the Property on December 21, 2005, and the Agreement was recorded on January 6, 2006 by Instrument No. 20060106-0003983. d. Prior to approval of the Agreement, City certified the Environmental Impact Report prepared for the Special Devices Incorporated project (SCH No. 1995071057), which adequately analyzed all potential impacts of the project proposed under the Agreement. e. On July 13, 2018, City and a related entity to Developer (NLA 14339, LLC, a Delaware limited liability company), entered into an agreement entitled “City Sign Agreement and Conditions, Covenants and Restrictions,” which agreement was recorded on July 25, 2018 by Instrument No. 20180725-00085134-0, that permitted the erection of a four-sided tower structure for cellular telecommunications purposes and which provided for the terms and conditions for the installation, maintenance and replacement of a city identification sign on the 193 Ordinance No. 499 Page 12 tower. f. In order for Developer to better utilize the Property, as well as to provide the opportunity for additional employment and revenue for City, the Parties desire to amend the Agreement to expand the allowable uses on the Property as specifically provided in this First Amendment. g. In connection with the processing and consideration of this First Amendment, the Developer has applied for and the City has processed a Zoning Code Text Amendment (Zone Ordinance Amendment No. 2021-02) and related environmental document required by the California Environmental Quality Act (“CEQA”), that provides for certain laboratories, manufacturing, motion picture, television and still photography production, and warehousing uses as conditionally permitted uses in the Commercial Planned Development (CPD) Zone. h. On November 23, 2021, the Planning Commission of the City commenced a duly noticed public hearing on the environmental document, Zoning Ordinance Amendment No. 2021-02, and this First Amendment, and at the conclusion of the hearing recommended approval of the environmental document, Zoning Ordinance Amendment No. 2021-02 and this First Amendment. i. On December 15, 2021, the City Council commenced a duly noticed public hearing on the environmental document, Zoning Ordinance Amendment No. 2021-02 and this First Amendment, and at the conclusion of the hearing, adopted Zoning Ordinance Amendment No. 2021-02 by Ordnance No. 499 and approved this First Amendment by Ordinance No. 499. 2. Amendment of Section 4.1. Section 4.1 of the Agreement is amended as follows: 4.1. Permitted Uses. The permitted and conditionally permitted uses of the Property shall be limited to those that are allowed by the Project Approvals and to the following uses as permitted by the City’s General Plan C-2 (General Commercial) Land Use Designation and the City’s Zoning Code designation (CPD (Commercial Planned Development) as provided in Moorpark Municipal Code Section 17.20.060, as amended by Zoning Ordinance Amendment No. 2021-02): 4.1.a. Laboratories: research and scientific, upon the grant of a conditional use permit. 4.1.b. Manufacturing and assembly including, but not limited to, appliances, cabinets, cleaners, clothing, computers, cosmetics, 194 Ordinance No. 499 Page 13 detergents, electronics, furniture, leather products, machinery, medical and scientific instruments, paper, perfumes, pharmaceuticals, photographic and optical goods, plastic products, signs and advertising displays, soap, textiles and other uses which the community development director determines to be similar when in compliance with Section 17.20.030, upon the grant of a conditional use permit. 4.1.c. Motion picture, television, or still photography production (and related activities and structures), upon the grant of a conditional use permit. 4.1.d. Warehousing, with at least 10% of the floor area of the building dedicated to retail uses, upon the grant of a conditional use permit. 3. Operative Date of First Amendment. This First Amendment shall become operative on the date that Ordinance No. 499 that approves this First Agreement becomes effective pursuant to Government Code Section 36937. 4. Authority. By their signatures below, the individuals signing on behalf of Developer and City warrant that they have the authority to execute this First Amendment on behalf of Developer and City, respectively. 5. Entire Agreement. The Development Agreement and this First Amendment, contain the entire agreement between the Parties regarding the subject matter hereof, and all prior agreements, understandings, oral or written, are hereby merged herein, except that nothing contained herein is intended to or shall abrogate, extinguish or supersede the City Sign Agreement and Conditions, Covenants and Restrictions and any other City land use entitlements or conditions imposed thereby that are applicable to the development of the Property. 6. Except as amended herein, all other provisions of the Agreement shall remain in full force and effect. 195 Ordinance No. 499 Page 14 IN WITNESS WHEREOF, the City of Moorpark and the Developer have executed this First Amendment to the Development Agreement on the date first above written. CITY OF MOORPARK Janice S. Parvin Mayor OWNER/DEVELOPER NLA 118, L.L.C. By: ________________________________ Thomas J. Schlender Its: President By: ________________________________ Shelley K. Schlender Its: Secretary ALL SIGNATURES MUST BE NOTARIZED 196 Ordinance No. 499 Page 15 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 Ventura ) 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) 197 Ordinance No. 499 Page 16 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 Ventura ) 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) 198 Ordinance No. 499 Page 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 Ventura ) 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) 199 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Lot 1 of Tract No. 5004, in the City of Moorpark, County of Ventura, State of California, as per Map recorded in Book 137, Pages 97 to 102 inclusive of Miscellaneous Records (Maps), and amended map of Tract No. 5004, recorded in Book 146, Pages 1 through 6 inclusive of Miscellaneous Records (Maps), in the Office of the County Recorder of said county. APN: 513-0-050-205 200 Ordinance No. 499 Page 19 EXHIBIT B DEPICTION OF PROPERTY 201 Ordinance No. 499 Page 20 EXHIBIT C ADDRESSES OF PARTIES To City: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn: City Manager To Developer: NLA 118, L.L.C. (Warehouse Discount Center) 30621 Canwood Street Agoura Hills, CA 91301 Attn: President 202