HomeMy WebLinkAboutAGENDA REPORT 2022 0302 CCSA REG ITEM 09ACITY OF MOORPARK, CALIFORNIA
City Council Meeting
of March 2, 2022
ACTION APPROVED STAFF
RECOMMENDATION, INCLUDING
ADOPTION OF RESOLUTION NO.
2022-4078. (ROLL CALL VOTE:
UNANIMOUS).
BY A. Hurtado.
A. Consider a Resolution Authorizing a Second Amended and Restated Deed
Restriction for a Vacant, 21.32-acre Property Located on the West Side of
Princeton Avenue and South of State Route 118, Requiring a General Plan
Amendment and Zone Change to a Mixed-Use (Residential and Commercial) Land
Use Designation 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 Ron Drori, of Princeton
Development LLC, on behalf of Sunbelt Enterprises, LLC. Staff Recommendation:
Adopt Resolution No. 2022-4078 authorizing a second amended and restated
deed restriction be recorded, superseding an earlier amended and restated deed
restriction and requiring a General Plan Land Use Map Amendment and Zone
Change to a mixed-use (commercial and residential) land use designation prior to
future site development of a 21.32-acre property located on the west side of
Princeton Avenue and south of State Route (SR) 118 (Assessor Parcel Numbers
(APN) 513-0-010-295 and 513-0-010-285). (ROLL CALL VOTE REQUIRED)
(Staff: Shanna Farley, Principal Planner)
Item: 9.A.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Shanna Farley, Principal Planner
DATE: 03/02/2022 Regular Meeting
SUBJECT: Consider a Resolution Authorizing a Second Amended and Restated
Deed Restriction for a Vacant, 21.32-acre Property Located on the
West Side of Princeton Avenue and South of State Route 118,
Requiring a General Plan Amendment and Zone Change to a Mixed-
Use (Residential and Commercial) Land Use Designation 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 Ron Drori, of Princeton
Development LLC, on behalf of Sunbelt Enterprises, LLC
SUMMARY
On December 23, 2021, Ron Drori, of Princeton Development LLC (applicant), on behalf
of the landowner Sunbelt Enterprises, LLC, submitted a request for a second amendment
to the deed restriction to memorialize an interest in future mixed-use (residential and
commercial) development on the subject site (Hilltop Property (Assessor Parcel Numbers
(APN) 513-0-010-295 and 513-0-010-285)) (Attachment 1). Staff has prepared a draft
Resolution (Attachment 2) with a recommendation from the Planning Commission to the
City Council that a second amended and restated deed restriction be recorded,
superseding an earlier amended and restated deed restriction and requiring a General
Plan Land Use Map Amendment and Zone Change to a mixed-use (commercial and
residential) land use designation prior to future site development of a 21.32-acre property
located on the west side of Princeton Avenue and south of State Route (SR) 118.
BACKGROUND
On October 28, 2014, the landowner 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. This request was approved on July 1, 2015, by
the City Council, provided that the General Plan Amendment was subject to a deed
restriction requiring that a Specific Plan be prepared prior to development of the site.
Item: 9.A.
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Additionally, the developer was required to deposit $20,000 with the City towards the
preparation of a Specific Plan. The Deed restriction further required a Development
Agreement for future development of the site.
The Hilltop Property is located to the south and east of SR 118 overpass, on a prominent hilltop.
On September 29, 2015, the landowner filed an application for a General Plan
Amendment and Zone Change that amended the land use designation on the two small
remnant freeway parcels adjacent to the Hilltop Property from Freeway/Right of Way to
I-1 (Light Industrial).
On May 24, 2016, the Planning Commission recommended that the City Council approve
a General Plan Amendment and Zone Change that changed the land use designation of
the two small remnant freeway parcels adjacent to the Hilltop Property from
Freeway/Right of Way to I-1 (Light Industrial) per Resolution No. PC-2016-609. On July
20, 2016, the City Council approved this request via Ordinance No. 438 and included a
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 the landowner deposited $20,000
with the City.
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On March 22, 2017, the landowner recorded a lot line adjustment creating the 21.32-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 landowner requested the removal of the deed restriction to
develop a Specific Plan and a refund of the $20,000 deposited for the Specific Plan. On
June 2, 2020, the Planning Commission recommended that the City Council adopt an
amended and restated deed restriction to be recorded; removing the requirement to
prepare a Specific Plan and requiring a General Plan Land Use Map Amendment and a
Zone Change to a commercial zone district prior to future site development. On July 15,
2020, the City Council approved Resolution No. 2020-3937 approving the requirement
that the land owner record an amended and restated deed restriction removing the
requirement for a Specific Plan and requiring a General Plan Land Use Map Amendment,
Zone Change, and Development Agreement for future commercial development of the
property and amending the fiscal year 2020/21 budget to repurpose the $20,000 deposit
for a Specific Plan to the City’s Comprehensive General Plan Update. The purpose for
allocating the funds towards the General Plan update was in recognition that the work of
identifying land uses on the parcel, and the surrounding areas would occur as part of the
land use plan to be incorporated into the General Plan. On July 21, 2021, the landowner
recorded the amended and restated deed restriction.
On December 23, 2021, the applicant requested a second amendment to the amended
and restated deed restriction to consider allowing residential uses in addition to
commercial uses on the Hilltop Property. The landowner signed the application and is
amenable to the proposed changes to the second amendment to the amended and
restated deed restriction to consider a mixed-use designation of the site.
On February 22, 2022, the City’s Planning Commission considered the draft second
amendment to the amended and restated deed restriction. The Planning Commission
unanimously recommended that the City Council adopt the draft resolution and adopted
Planning Commission Resolution No. PC-2022-667(Attachment 4).
DISCUSSION
The proposed second amended and restated deed restriction would continue to 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 parcels from Light Industrial
(IL) to a commercial and residential (mixed-use) land use designation, and a Zone
Change for the parcels from Industrial Park (M-1) to a commercial and residential (mixed-
use) zone. The City may also amend the land use designation to a commercial and
residential use (mixed-use) General Plan land use and zoning designation through the
City’s Comprehensive General Plan and Zoning Code Update currently underway. In
addition, the second amended and restated deed restriction would be void if the General
Plan Land Use Map and the Zone Change has not occurred within five (5) years following
the date of recordation. In that case, the property would remain in its current industrial
General Plan and zoning designation.
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In accordance with the project description above, the landowner has agreed to record a
second amended and restated deed restriction against the property that states:
For five (5) years following the date of recordation of this Second Amended and
Restated Deed Restriction, any development of the Hilltop Parcels shall be limited
to commercial and residential 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 Parcels or commencement of any commercial or
residential use of that those Parcels, 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 Parcels from LI (Light
Industrial) to a commercial newly created mixed-use land use designation; a
Zoning Map amendment to change the zoning for the Parcels from M-1 (Industrial
Park) to a commercial newly created mixed-use zone; and a Development
Agreement; 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 Second Amended and Restated Deed Restriction,
then this Second Amended and Restated 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 Parcels in compliance with, the applicable General Plan
land use and Zoning designation of the property at that time.
The proposed action is advisory and represents a future policy discussion regarding use
of the Hilltop Property. The intent of this second amended and restated deed restriction
is to provide the property owner with preliminary and non-binding guidance regarding
future potential uses of the subject property. No change to the General Plan or zoning
designation of the subject property is authorized with this request and any such requests
would require approval of the City Council. 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 21.32-acre project site is currently vacant and is generally located south of SR 118
and west of Princeton Avenue. The site 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, the landowner also stabilized the previously graded 9-acre graded pad
and access road to prevent erosion and other impacts to the project site and surrounding
properties. Three industrial buildings accessed from Princeton Avenue are located on
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separate lots 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),
M-2 (Limited Industrial),
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
ANALYSIS
The City is currently preparing a comprehensive General Plan Update that will include an
analysis of future land use goals and policies Citywide, including the 21.32-acre Hilltop
Property. The General Plan establishes a community vision of the City through the year
2050 and identifies the specific goals and policies that are necessary to achieve the
vision. Throughout 2020 and 2021, the consultant team and staff worked with the public
to help draft a General Plan Vision Statement and began a public process to discuss
changes to the Land Use Plan as part of the General Plan Update. The Land Use Plan
also establishes standards for the density or intensity of development that could be
permitted in the future. An iterative process of public engagement for this phase of work
has included two Citywide workshops, two online mapping activities and surveys, and
11 meetings of the General Plan Advisory Committee (GPAC). Over the past year, staff
has received guidance from the GPAC and public in developing alternative land use
recommendations for potential areas of change located within Moorpark, beginning with
the identification of potential areas of change or “Opportunity Sites”. These generally
included vacant, unimproved, or under-improved properties, or changes which might
require redevelopment or enhancement of existing uses.
On December 16, 2021, the GPAC heard comments from Mr. John Newton regarding the
Hilltop Site, speaking on behalf of the applicant. Mr. Newton noted the opportunity for a
major project at this location. Following the December 16, 2021, GPAC meeting, John
Newton, on behalf of the applicant, formally requested the City to allow for residential use
in addition to commercial use. The applicant noted the economic viability of his proposed
project on the site would require a residential component which was not consistent with
the commercial designations previously discussed for the property. The majority of GPAC
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members recommended the Mixed-Use District land use designation, allowing for both
commercial and residential uses on the property. On January 25, 2022, the Planning
Commission considered the Draft 2050 General Plan Land Use Plan (Draft Plan). The
Planning Commission unanimously recommended approval of the Draft Plan to the City
Council. The Draft Plan included a proposal to change the land use designation of the
Hilltop Property from light industrial to Mixed-Use District (MUD) designation (description
below), which would allow commercial and residential uses. The proposed change of
land use designation of the Hilltop Property, included in the Draft Plan is consistent with
the proposed request. On February 2, 2022, the City Council considered the Draft Plan.
The City Council determined that the Draft Plan reflected the community and addressed
the community’s future needs. The Draft Plan includes the Hilltop Property with the
proposed land use designation of Mixed-Use District (MUD).
Draft Land Use Plan Designation
Mixed-Use District (MUD) - This designation applies to larger sized properties
developed with a mix of uses that may include buildings developed for a single
use (such as retail, office, restaurant, and housing) and/or structures that
integrate multiple uses vertically (such as housing above ground level retail).
Typically, such projects establish a compact, walkable, “village-like” environment
where buildings are grouped along external and internal street frontages and
pedestrian-oriented pathways, plazas, and open spaces, with parking located in
structures or subterranean. A model for the redevelopment of underutilized
commercial centers.
The General Plan Update also includes a comprehensive update to the City Zoning Code.
The project site is located on a prominent 21.32-acre hilltop site along the SR 118 corridor
north of Princeton Avenue. Due to the high visibility of the property, the applicant and
City staff believes that commercial and residential uses would be more appropriate for
the site as opposed to the current requirement to build an industrial project in accordance
with the I-1 (Light Industrial) General Plan Land Use designation and M-1 (Industrial Park)
zoning. The inclusion of residential uses would allow a mix of uses and building types on
the large project site. Some examples of allowable mixed-use district use include retail,
hotel, office and professional, government services, health care, educational uses, and
housing. In the past, the current designation of the site as Light Industrial has not been
utilized for development and the vacant site may be better utilized as a mixed-use
designation.
The second 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 and residential (mixed-use)
use, and a Zone Change from M-1 to a commercial and residential (mixed-use) zone prior
to development of the site. Another course of action that would also be acceptable under
the second amended and restated deed restriction is if the City revises the General Plan
and Zoning designations for the project site to mixed-use as part of the City’s
Comprehensive General Plan Update – which is now underway with the proposed Mixed-
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Use District designation. 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.
ENVIRONMENTAL COMPLIANCE
In accordance with the City’s environmental review procedures adopted by Resolution,
the Community Development 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 second 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.
FISCAL IMPACT
There is no fiscal impact associated with the proposed deed restriction. Future
development of the site would be subject to a development agreement which will directly
address fiscal impacts.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
Adopt Resolution No. 2022-_____ authorizing a second amended and restated deed
restriction be recorded, superseding an earlier amended and restated deed restriction
and requiring a General Plan Land Use Map Amendment and Zone Change to a mixed-
use (commercial and residential) land use designation prior to future site development of
a 21.32-acre property located on the west side of Princeton Avenue and south of State
Route (SR) 118 (Assessor Parcel Numbers (APN) 513-0-010-295 and 513-0-010-285).
Attachment 1: Aerial Photograph
Attachment 2: Draft Resolution
Attachment 3: Draft Second Amended and Restated Deed Restriction
Attachment 4: Planning Commission Resolution No. PC-2022-667
7
Attachment 1 - Aerial Photograph ATTACHMENT 1
1" = 754 ft
Hi lltop Property
Sun be lt Enterprises, LLC 02/11 /2022
This map may represent s a vis ual disp lay of rel at ed g eograph ic informati on . Data provid ed here on is no t guarant ee of acut ual fie ld cond itio ns. To be su re of compl ete accu racy, pl ea se cont act t he
responsibl e staff for m ost up-t o-date infor m ati on. 8
ATTACHMENT 2
RESOLUTION NO. 2022-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AUTHORIZING AN AMENDED AND
RESTATED DEED RESTRICTION FOR A VACANT, 21.32-ACRE
PROPERTY LOCATED ON THE WEST SIDE OF PRINCETON
AVENUE AND SOUTH OF STATE ROUTE 118, REQUIRING A
GENERAL PLAN AMENDMENT AND ZONE CHANGE TO A
MIXED-USE (RESIDENTIAL AND COMMERCIAL) LAND USE
DESIGNATION 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
RON DRORI, OF PRINCETON DEVELOPMENT LLC, ON BEHALF
OF SUNBELT ENTERPRISES, LLC
WHEREAS, on December 23, 2021, an application was filed by Ron Drori, of
Princeton Development LLC (applicant), on behalf of Sunbelt Enterprises LLC
(landowner), to amend a deed restriction to allow residential uses in addition to
commercial land uses on the development of the 21.32-acre Hilltop Property located on
the west side of Princeton Avenue, south of State Route 118 (the “Hilltop Property”); and
WHEREAS, on February 22, 2022, the Planning Commission considered the
agenda report and any supplements thereto and written public comments; received a
presentation by staff; and took and considered public testimony both for and against the
proposal; and reached a decision on this matter. The Planning Commission considered
a resolution recommending that the City Council adopt a second amended and restated
deed allowing a General Plan Land Use Map Amendment and Zone Change to a
commercial and residential (mixed-use) land use prior to future site development. The
Planning Commission unanimously recommended the City Council authorize a second
amended and restated deed allowing a General Plan Land Use Map Amendment and
Zone Change to a commercial and residential (mixed-use) land use prior to future site
development as adopted in Planning Commission Resolution No. PC-2022-667; and
WHEREAS, on March 2, 2022, the City Council considered a second amended
and restated deed allowing a General Plan Land Use Map Amendment and Zone Change
to a commercial and residential (mixed-use) land use prior to future site development,
received a presentation by staff, and took and considered public testimony, and discussed
and reached a decision on this matter; 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 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
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Resolution No. 2022-___
Page 2
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.
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. GENERAL PLAN LAND USE MAP AMENDMENT: Based upon
the information set forth in the staff report, and oral and written public testimony, the City
Council finds that in order to facilitate future commercial and residential 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 and residential (mixed-use)
land use designation.
SECTION 3. ZONE CHANGE: Based upon the information set forth in the staff
report, and oral and written public testimony, the City Council finds that in order to facilitate
future commercial and residential development of the project site the landowner shall
apply for and obtain a Zone Change to a commercial and residential (mixed-use) zone
district.
SECTION 4. SECOND AMENDED AND RESTATED DEED RESTRICTION:
The City Council authorizes a second amended and restated deed restriction to be
recorded requiring that the landowner apply for a General Plan Land Use Map
Amendment to a commercial and residential (mixed-use) land use designation and a
Zone Change to a commercial and residential (mixed-use) zone district prior to future site
development.
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.
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Resolution No. 2022-___
Page 3
SECTION 6. 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 2nd day of March, 2022.
________________________________
Janice S. Parvin, Mayor
ATTEST:
___________________________________
Ky Spangler, City Clerk
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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 Nos. 513-0-010-295
and 513-0-010-285
SECOND AMENDED AND RESTATED DEED RESTRICTION
THIS SECOND AMENDED AND RESTATED DEED RESTRICTION (herein “Second
Amended and Restated Deed Restriction”) is executed by SUNBELT ENTERPRISES, LLC, a
California limited liability company (“Land Owner”) as to this Second Amended and Restated
Deed Restriction in its entirety, 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
Amended and Restated Deed Restriction recorded on the Property on July 21, 2021 as
Document No. 20210721-00137640-0 (“Amended and Restated Deed Restriction”) and with
reference to the following facts:
A. Land Owner is the owner of a certain real property that is comprised of two (2)
parcels known as the “Hilltop Parcel,” more particularly described on the attached Exhibit A (and
also referred to herein as the “Property”).
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 Owner 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 3
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E. On December 6, 2019, the Land Owner requested the removal of the deed
restriction to develop a Specific Plan and a refund of the $20,000 deposited for the Specific Plan.
On July 15, 2020, the City Council of Moorpark approved Resolution No. 2020-3637 approving
the requirement that the Land Owner record an amended and restated deed restriction removing
the requirement for a Specific Plan and requiring a General Plan Land Use Map Amendment, Zone
Change and Development Agreement for future commercial development of the property and
amending the fiscal year 2020/21 budget by $20,000 for transfer of the deposit for a Specific Plan
to authorize the use of the funds for the City’s Comprehensive General Plan Update. On July 21,
2021, the Land Owner filed the Amended and Restated Deed Restriction with the County
Recorder’s Office as Document No. 20210721-00137640-0.
F. Land Owner and City now desire to enter into this Second Amended and Restated
Deed Restriction to replace and supersede the Amended and Restated Deed Restriction as to the
Hilltop Parcel and to now provide for the development of the Hilltop Parcel for commercial and
residential land (“mixed-use”) uses rather than commercial only 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 Second Amended and Restated Deed
Restriction shall supersede and replace the Amended and Restated Deed
Restriction.
2. Restriction. For five (5) years following the date of recordation of this Second
Amended Deed Restriction, any development of the Hilltop Parcel shall be limited
to commercial and residential 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 or
residential use of those parcels, 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 parcels from LI (Light
Industrial) to a newly created mixed-use designation; a Zoning Map amendment
to change the zoning for the parcels from M-1 (Industrial Park) to a newly created
mixed-use zone, and a Development Agreement; 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 Second
Amended Deed Restriction, then this Second 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 parcels in compliance with, the
applicable General Plan land use and Zoning designation of the property at that
time.
3. Term. This Second Amended and Restated Deed Restriction shall become
effective upon its recordation in the Official Records of Ventura County, California
(the “Official Records”), and this Second Amended and Restated Deed Restriction
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(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 Second 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 specified in Section 2,
this Second 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 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 Second Amended and Restated Deed Restriction, and
each of Land Owner (and such successors-in-interest) hereby waives and releases
the City from any claim regarding the effect of this Second Amended and Restated
Deed Restriction on the value and future development of the Hilltop Parcel. The
indemnification obligations of each Land Owner pursuant to this Section 4 shall
terminate upon the termination of this Second 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
14
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12853-0077\2421903v8.doc
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 Second Amended and
Restated Deed Restriction.
7. Notices. All notices pursuant to this Second Amended and Restated 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: Sunbelt Enterprises, LLC
5715 Mesmer Avenue
Los Angeles, CA 90230
Attention: Alice Galstian, Manager
And also to
Cohen Begun and Deck, LLC
1534 N. Moorpark Road, Suite 337
Thousand Oaks, CA 91360
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 Second 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 Second 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 Second 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]
15
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12853-0077\2421903v8.doc
IN WITNESS WHEREOF, the undersigned has executed this Second Amended Deed Restriction
as of this day of _______________, 2022.
LAND OWNER:
SUNBELT ENTERPRISES, LLC,
A California limited liability company
By:
Name:
Its:
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
16
-6-
12853-0077\2421903v8.doc
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)
17
-7-
12853-0077\2421903v8.doc
PUBLIC AGENCY FORM OF ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
On this ___ day of __________ in the year 2022, 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
18
Exhibit A-1
12853-0077\2421903v8.doc
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,
19
Exhibit A-2
12853-0077\2421903v8.doc
2nd: Southwesterly along said curve 382.20 feet through a central angle of 67° 22' 50"; thence,
tangent to said curve,
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.
20
Exhibit A-3
12853-0077\2421903v8.doc
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.
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.
21
Exhibit B-1
12853-0077\2421903v8.doc
EXHIBIT "B"
Depiction of the “Hilltop Parcel”
22
Exhibit B-2
12853-0077\2421903v8.doc
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A PCRrION OF THE NORTH HALF OF SECTION 3, TOlfNSHIP 2
NORTH, RANCE 19 lfEST, RANCHO SIJ/1, IN THE CITY OF
MOORPARK. COUNTY OF VENTURA., STATE OF CALIFORNIA, SAID
SEC1'10N DBINO PART OF TRACT "J", AS PER MAP RECORDED IN
BOOK 3 , PACE 7 OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY s -2 -1, SHE!T t OF t
23
ATTACHMENT 4
RESOLUTION NO. PC-2022-667
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF MOORPARK, CALIFORNIA, RECOMMENDING THAT THE
CITY COUNCIL ADOPT AN AMENDED AND RESTATED DEED
RESTRICTION FOR A VACANT, 21.32-ACRE PROPERTY
LOCATED ON THE WEST SIDE OF PRINCETON AVENUE AND
SOUTH OF STATE ROUTE 118, REQUIRING A GENERAL PLAN
AMENDMENT AND ZONE CHANGE TO A MIXED-USE
(RESIDENTIAL AND COMMERCIAL) LAND USE DESIGNATION
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 RON
DRORI, OF PRINCETON DEVELOPMENT LLC, ON BEHALF OF
SUNBELT ENTERPRISES, LLC
WHEREAS, on December 23, 2021, an application was filed by Ron Drori, of
Princeton Development LLC, on behalf of Sunbelt Enterprises LLC to amend a deed
restriction to allow residential uses in addition to commercial land uses on the
development of the 21.32-acre Hilltop Property located on the west side of Princeton
Avenue, South of State Route 118 (the “Hilltop Property”); and
WHEREAS, on February 22, 2022, the Planning Commission considered the
agenda report and any supplements thereto and written public comments; received a
presentation by staff; and took and considered public testimony for the proposal; and
reached a decision on this matter; and
WHEREAS, at its meeting of February 22, 2022, the Planning Commission
considered recommending that the City Council authorize a second amended and
restated deed allowing a General Plan Land Use Map Amendment and Zone Change to
a commercial and residential (mixed-use) land use prior to future site development; 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 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.
24
Resolution No. PC-2022-667
Page 2
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DETERMINATION: The Planning
Commission 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. GENERAL PLAN LAND USE MAP AMENDMENT: Based upon
the information set forth in the staff report, and oral and written public testimony, the
Planning Commission finds that in order to facilitate future commercial and residential
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 and residential
(mixed-use) land use designation.
SECTION 3. ZONE CHANGE: Based upon the information set forth in the staff
report, and oral and written public testimony, the Planning Commission finds that in order
to facilitate future commercial and residential development of the project site the
landowner shall apply for and obtain a Zone Change to a commercial and residential
(mixed-use) zone district.
SECTION 4. PLANNING COMMISSION RECOMMENDATION: The Planning
Commission recommends that the City Council authorize and require a second amended
and restated deed restriction to be recorded requiring that the landowner apply for a
General Plan Land Use Map Amendment to a commercial and residential (mixed-use)
land use designation and a Zone Change to a commercial and residential (mixed-use)
zone district prior to future site development.
SECTION 5. Filing of Resolution: The Community Development Director shall
cause a certified resolution to be filed in the book of original resolutions.
The action of the foregoing direction was approved by the following vote:
AYES: Commissioners Alva, Barrett, Brodsly, Rokos, and Chair Landis
NOES:
ABSTAIN:
ABSENT:
25
Resolution No. PC-2022-667
Page 3
PASSED, AND ADOPTED this 22nd day of February, 2022.
Kipp Landis
Chair
Carlene Saxton
Community Development Director
26