HomeMy WebLinkAboutAGENDA REPORT 2022 0222 REG PC ITEM 09ACITY OF MOORPARK, CALIFORNIA
Planning Commission Meeting
of February 22, 2022
ACTION: Approved Staff Recommendation,
Including Adoption of Resolution
No. PC-2022-667.
BY: J. Lugo
A.Consider a Resolution Recommending to the City Council the Adoption of 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. Staff Recommendation:
Adopt Resolution No. 2022-667 recommending to 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 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 118 (Assessor Parcel Numbers 513-0-010-295 and
513-0-010-285). (Staff: Shanna Farley)
Item: 9.A.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Shanna Farley, Principal Planner
DATE: 02/22/22 Regular Meeting
SUBJECT: Consider a Resolution Recommending to the City Council the
Adoption of 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
STAFF RECOMMENDATION
Adopt Resolution No. 2022-667 (Attachment 2) recommending to City Council that a
second amended and restated deed restriction (Attachment 3) be recorded, superseding
an earlier amended and restated deed restriction (Attachment 4) 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).
PROJECT DESCRIPTION
On December 23, 2021, Ron Drori, of Princeton Development 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)
(Attachment 1).
ITEM: 9.A.
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The Hilltop Property is located to the south and east of SR 118 overpass, on a prominent hilltop.
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.
In accordance with the project description above, the applicant 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
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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 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 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. 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 consi dered 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.
BACKGROUND
The subject property is a vacant, 21.32-acre property, generally located south of SR 118
and west of Princeton Avenue. 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. Additionally, the developer was required to deposit $20,000 with
the City towards the preparation of a Specific Plan.
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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 16, 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). On July 1, 2016, the City Council approved
this request via Resolution 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 has deposited $20,000 with the City.
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 landowner 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. On July 21, 2021,
the landowner recorded the amended and restated deed restriction.
On December 23, 2021, the landowner 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.
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 16th, 2021, the GPAC heard comments from Mr. John Newton regarding
the Hilltop Site, speaking on behalf of the landowner. Mr. Newton noted the opportunity
for a major project at this location. The property owners requested to allow for residential
use in addition to commercial use. The owner noted the economic viability of the
proposed 4/5-star hotel and convention center 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 members recommended
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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 Co uncil
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 a 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.
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-
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
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the City to adopt an update to the General Plan Land Use Element and update the Zoning
Code.
ENVIRONMENTAL DETERMINATION
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.
ATTACHMENTS:
1. Aerial Photograph
2. Draft Resolution
3. Draft Second Amended and Restated Deed Restriction
4. Current Amended and Restated Deed Restriction
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PC ATTACHMENT 1
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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, at a duly noticed public hearing 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; and
WHEREAS, at its meeting of February 22, 2022, the Planning Commission
considered 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; 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.
PC ATTACHMENT 2
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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 adopt 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:
NOES:
ABSTAIN:
ABSENT:
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Resolution No. PC-2022-667
Page 3
PASSED, AND ADOPTED this 22nd day of February, 2022.
Kipp Landis
Chair
Carlene Saxton
Community Development Director
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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
USE)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.
PC 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
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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
-5-
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
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 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
19
Exhibit A-2
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,
2nd: Southwesterly along said curve 382.20 feet through a central angle of 67° 22' 50"; thence,
tangent to said curve,
20
Exhibit A-3
12853-0077\2421903v8.doc
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.
21
Exhibit A-4
12853-0077\2421903v8.doc
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.
22
Exhibit B-1
12853-0077\2421903v8.doc
EXHIBIT "B"
Depiction of the “Hilltop Parcel”
23
Exhibit B-2
12853-0077\2421903v8.doc
24
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Moorpark
799 Moorpark Ave
Moorpark, CA 93021
Attn: City Clerk
IIIIIIIIIIIIII IIIIIIIIIIIII III 1111111111111111
20210721-00137640-0 1/14
Ventura County Clerk and Recorder
MARK A. LUNN
07/21/2021 11 :40:25 AM
1870653 $.00 HE
SPACE ABOVE THIS LINE FOR RECORDER'S
ASSESSOR'S PARCEL No. 513-0-010-295
No Fee Govt Code 6103 & 27383
AMENDED AND RESTATED DEED RESTRICTION
THIS AMENDED AND RESTATED DEED RESTRICTION (herein " Amended Deed
Restriction'') is executed by SUNBELT ENTERPRISES, LLC, a California limited liability company
Land Owner'') as to this 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 (''Qt¥''), 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.
1-
12853-0077\2421903v15 .doc
750.935PC ATTACHMENT 4
25
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. Te rm . This Amended and Restated Deed Restriction shall become effective upon
its recordation in the Official Records of Ventura County, California (the "Official
Records"1 and this Amended and Restated Deed Restriction (including, without
limitation, Section 4 below) shall be binding upon the Land Owner, and each other
2-
12853-0077\24 21903v15 .doc
26
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, 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 upheld1 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 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, 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. 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 and other professional services and
consultants determined necessary by City in its sole discretion to prepare the
General Plan amendments, Zoning Map amendments, Development Agreement,
3-
12853-0077\2421903v15.doc
27
and all other development applications, and, if necessary, to defend approval of
the General Plan amendments, 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. In the event that the costs incurred by the City in connection with its
preparation and approval of the General Plan, 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 nodelinquent 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:
If to CITY:
12853-0077\2421903v15 .doc
Sunbelt Enterprises, LLC
5715 Mesmer Avenue
Los Angeles, Ca 90230
Attention: Alice Galstian, Manager
And also to
Cohen Land Use Law, LLC
1534 N. Moorpark Road
Suite 337
Thousand Oaks, CA 91360
Attention: Thomas Cohen, Esq.
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attention: City Manager
4-
28
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 ,J;l)e undersig~
1
as executed this Amended and Restated Deed
Restriction as of this ~ day of~' 202$. /~
APPROVED AND CONSENTED TO BY:
CITY OF MOORPARK,
A municipal corporation of the State of
California
12853-0077\2421903vl5.doc
LANDOWNER:
SUNBELT ENTERPRISES, LLC,
A California limit d liability company
By:-~~-~-"""'-=::;_ ____ _
Name: Alice alstian
Its: Manager
5-
29
APPROVED AND CONSENTED TO BY:
CITY OF MOORPARK,
A municipal corporation of the State of
California
By:~'
Troy Bro ~ger
Date: 1 ) )5)2 ')
Attest:
By: --~~--~-d_Vlftl97_ ..... --~----
Ky s'ia6tiet~ -
12853-0077\2421903v15.doc
6-
30
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 -::~de-.;{ )
on L'za~/, before me, H. Eftekhari -Notary Public
7
insert name and title of the officer)
Notary Public, personally appeared Af i c: e L-r4d <:"7'/a..,14
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.
Seal)
7-
12853-0077\2421903v15.doc
31
CITY OF MOORPARK
799 Moorpark Avenue, Moorpark, California 93021 I Phone (805) 517 -6200 I Fax (805) 532 -2205
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
t ruthfu lness, accuracy, or validity of that document.
PUBLIC AGENCY FORM OF ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF VENTURA
CITY OF MOORPARK
ss.
On this 15th of July in the year 2021, 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 of Moorpark executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
Ca liforn ia that the foregoing paragraph is true and correct.
Witness my hand and Official Seal
Ky ~
City
JA NICE S. PARVI N
Mayor
DR. ANTONIO CASTRO
Cou ncilmember
CH RIS ENEGREN
Councilm ember
DA NIEL GROFF
Councilmember
DAVID POLLOCK
Council member
32
12853-0077\2421903vl5 .doc
EXHIBIT "A"
Legal Description
Exhibit A-1
33
Parcel A;
EXHIBIT "A"
Legal Description
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 the State
of California by deed (State Parcel 73671), recorded April 17, 1990, as Document No. 90-56932
of Official Records, in the office of the County Recorder of said County, described as follows:
Beginning at the Northeasterly corner of the Northwest quarter of said Section 3; thence along
the North line of said Section 3, 1st: South 89° 56' East 136 feet to the Northwesterly line of
Los Angeles Avenue, 50 feet wide, as said Avenue is described in Parcel A in deed to County of
Ventura, recorded in Book 149, Page 455 of Deeds; thence,
2nd: Southwesterly, Southerly, Southwesterly and Westerly along the Northwesterly, Westerly
and Northerly line of said Los Angeles Avenue to the Southeasterly corner of Lot 111 of Colonia
Virginia Tract, as per Map recorded in Book 19, Page 29 of Maps; thence along the boundary of
said Colonia Virginia Tract by the following 6 courses,
3rd: North 6° 06' 35" West 144.51 feet; thence,
4th: North 89° 21' West 507.51 feet; thence,
5th: North 59° 54' 30" West 723.61 feet; thence,
6th: North 80° 49' 50" West 171.52 feet; thence,
7th: North 7° 19' 25" East 487 feet; thence,
8th: West 530 feet to the West line of said Section 3; thence along said West line,
9th: North 1099.35 feet to the Northwesterly corner of said Section 3; thence,
10th: Easterly along the Northerly line of said Section 3 to the point of beginning.
EXCEPT that portion thereof described as follows:
Beginning at the Northeasterly corner of the Northwest quarter of said Section 3; thence along
the Northeast quarter of said Section 3; thence,
1st: South 89° 56' East 136 feet to a non-tangent curve concave to the Southeast and having a
radius of 325 feet, said curve being the Northwesterly line of Los Angeles Avenue, 50 feet wide;
thence,
2nd: Southwesterly along said curve 382.20 feet through a central angle of 67° 22' 50"; thence,
tangent to said curve,
Exhibit A-2
12853-0077\2421903v15.doc
34
3rd: South 0° 04' West 360 feet along the West line of said Los Angeles Avenue; thence,
4th: North 89° 56' West 1320 feet; thence,
5th: North 0° 04' East 660 feet to the North line of said Section 3; thence along last mentioned
North line,
6th: South 89° 56' East 1384 feet to the point of beginning.
ALSO EXCEPT that portion of said land lying Northwesterly and Northerly of the following
described line:
Beginning at the Northeasterly corner of said Section 3; thence along the Easterly line of said
Section, thence
1st: South 0° 28' 18" West 527.21 feet; thence leaving said Easterly line
2nd: North 80° 53' 40" West 150.85 feet; thence,
3rd: North 89° 20' 39" West 670.07 feet; thence,
4th: South 24° 42' 36" West 76.16 feet; thence,
5th: North 82° 28' 49" West 191.50 feet; thence,
6th: North 18° 12' 39" East 52.20 feet; thence,
7th: North 87° 40' 15" West 1,693.33 feet; thence,
8th: South 85° 42' 38" West 635.10 feet; thence,
9th: South 19° 20' 37" East 224.72 feet; thence,
10th: South 77° 28' 28" West 164.92 feet; thence,
11th: North 17° 40' 05' West 243.52 feet; thence,
12th: South 85° 01' 40' West 885.66 feet; thence,
13th: South 42° 46' 05" West 661.76 feet to a point in the Northerly line of Lot 121, Colonia
Virginia Tract, as per Map recorded in Book 19, Page 29 of Maps, in the office of the County
Recorder of said County.
EXCEPT that portion of said land described in deed to County of Ventura, recorded in Book 53,
Page 232 of Deeds.
EXCEPT those portion described as Parcel 67021-1 and Parcel 67021-2, in the Final Order of
Condemnation, Case No. 112630, Superior Court of the State of California, County of Ventura, a
certified copy of which recorded June 4, 1997, as Document No. 97-69352 of Official Records.
Exhibit A-3
12853-0077\2421903v15.doc
35
ALSO EXCEPT that portion lying easterly of the following described line:
Beginning at the northeast corner of said Lot 111 of Colonia Virginia Tract; thence,
1st: North 20° 41' 29" East 103.67 feet; thence,
2nd: North 26° 43' 31" East 184.23 feet; thence,
3rd: North 51 ° 55 25" East 62.85 feet; thence,
4th: North 31° 19' 59" East 90.13 feet; thence,
5th: North 21° 15' 19" West 97.81 feet; thence,
6th: North 00° 27' 49" West 87.78 feet; thence,
7th: North 17° 17' 15" West 388.24 feet; thence,
8th: North 87° 52' 37" West 101.06 feet; thence,
9th: North 01° 39' 51" East 109.16 feet; thence,
10th: North 75° 53' 04" West 199.61 feet to a point on the line described as North 47° 41' 01"
East 380.00 feet in the description of the above described Parcel 67021-1 and shown as North
46° 56' 52" East on Exhibit B, said point being South 47° 41' 01" West 168.55 feet from the
northerly terminus thereof.
TOGETHER WITH Lot 119 of Colonia Virginia Tract Re-Subdivision, in the City of Moorpark,
County of Ventura, State of California, as per Map recorded in Book 20, Page 33 of Maps, in the
office of the County Recorder of said County.
EXCEPT the interest conveyed to the County of Ventura, in deed recorded October 8,1900, Book
67, Page 370 of Deeds.
ALSO EXCEPT that portion lying Westerly of the Easterly line of land described as Parcel 69012-
1, in deed to the State of California, recorded January 15, 1998, as Document No. 98-5423 of
Official Records.
Exhibit A-4
12853-0077\2421903v15 .doc
36
12853-0077\2421903vl5 .doc
EXHIBIT "B"
Depiction of the "Hilltop Parcel"
Parcel A of Lot Line Adjustment
Exhibit B-1
37
EASEMENT LEGEND M PUBLIC ROAD OFFER OF DEDICATION PER DOC. NO. 9
A EASTERLY LINE Of 30' EASEJ.AENT TO CALTRANS PARCEL 67~1-3 Of 97-069352 0.R. EX H181 T 8 A.P N 51
8 PARCEL 67021-4 OF 97-069352 O.R. (SLOPE EASEJ.AENT ONLY} • ·
C EDISON EASEMENT PER DOC. NO. 87-046111
D TRAFFlC SIGNAL EASEMENT PER DOC. NO. 87-127001
E CEN'lmLINE OF 30' FLOOD CONTROL EASEMENT EASEMENT PER DOC. N0.90-140404
f 22' ROAD EASEMENT PER DOC. NO. 86-125076 A.P.N. 513-0-010-270 (LO. _ •
G 10' EASEMENT TO SOUIBER CALIFORNIA EDISON PER DOC. NO. 93-170915 Lt7 "'~'-a \ '-REMOVE THIS ~
iit£5Cc~fmci.~~{Jfp°8(i)~ ~~~41473 ---~, h. LOT LINE
J FLOOD CONTROL EASEMENT PER DOC. N0.90-140604 I :
K ROAD EASEMENT Bk. 978 P9. 74 0 R ,
L SLOPE EASEMENT TO CALlRANS PER PARCa 69012-2 DOC. NO. 98-005423 TI-IRE?~~~ \ ~
N13°21'24"E Ji°' \ NEW PARCEL B
L2 153.57' S14"24'05"W L42 58.28 14°24'05" -(RADIAL)
4
8.87 ACRES
L8 281.24 S07°54 20-w L48 95.29 14"24'05" 1
L4 271.30 S81"0B 24 W L44 473.06 89"39 04 \
LS 144.51 NOB"OB 35-,r £45 179.47 07"54 20" \ NEW LOT LINE
LB 507.51 N89"21 oo·w L4B 101.77 07°54 20" ,,.,.--;..,,cURVE TABLE \ L41
L7 390.00' N59"54'30"W , _,,./· / C RADIUS ANGLE LENGTH Ni·----
8 180. 14 S18"57 oo-w 3 o.o, .,..,. ,/ Cf 975.00 14°31 30 247.17 1 W
L9 37.75 N47"45 oo·w c'o ,,,~ ~,,, c2 2025.oo 06•29 49· 229.58 :,~\ic~iifEs
uo107.80 Nt8°1124-g / ·>-'® ca 375.oo 73•1204 479.10 li.
L11 253.10' N32"10'fO"E 1/ ,,,,,, C4 975.00' 02•35·23· 44.07 , 1 o• YARD SE
L12 204.46' N62"18 43"E / / CS 425.00' 24"26'17" 181.27 LO 1 L,' 1 BACK LINE
L18 136.71' N62"56 45"E 1 /
1 CB 815.00 04"18 32" 61.29 PER DOC. NO.
L14 380.00 N46"56'52"E .lt:/l,.. ,,_ / / C7 815.00 09°84 15 t.<18.14 93-069184
L15 93.04 N84°10 05 E :g/'-' ~ I I
I L16 l':R »»• N7B"45 26"E ;J~ ,<..-.,_ / " . -. " . ·•
Vt 5° . " . •
I-vi vv.vv, 1 .. :~s·s-1:-42:EI ~'--fl 1,.-AY.N. 513-0-020-
9.3.!i' I /$_44"
1.2s· I soo·
2.00' IN89"53
L.?71108.67'1 N20"41
L28! 184.28' INX6•4tJ'
L29I 62.85' llf.51"55
CB 315.00 3o•os 33 165.72
C9 165.00 41"02 41 118.20'
25•
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LSO 65.98' N31"19'59" E I .. -I I I I 1 / SCALE: 1" = 250'
L31 97.81 N21"1!>19"E I 115 I 114 I 113 I 1111 ~
L82 87.78' Noo·2r49·E I t / 11121
L83 888.24' N17• 17' f 5· W ::-:=::eifu.«:EIJOfr'A'l2JEJEE=-::::::':=:::-=-=~::-::~ ?' 125' 250' 400'
L34 113.46 Ntr1r15·-,, -------I [ I
L35 101.06 N87"52 37" W C4 (
36109.16 N01"3951"E RIGINALLOTAREA TAREA LOT LINE ADJUSTMENT PARCEL MAP WAIVER)
L87499.61 N75"53 04·,r T 119 o.82 ,tc; 1.84 c. A PORTION OF THE NORTH HALF OF SECTION 3, TOWNSHIP 2
38274.79 N1r1r1s·w LOT 1 39.82 Ac. 8.87 Ac. NORTH, RANGE 19 WEST, RANCHO SIMI, IN THE CITY OF
L89 24.15 N31°19'59"E .LOT 2 0.04 Ac. 5.39 Ac. MOORPARK. COUNTY OF VENTURA, STATE OF CALIFORNIA, SAID
Q_TJJ. 0.57 Ac. 5.15 A_c. SECTION BEING PART OF TRACT •r, AS PER MAP RECORDED IN
BOOK 3, PAGE 7 OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY 8-2-17 SHEET 1 OF 1 .ecl.~3021 (805) 532-1571
Exhibit B-2
12853-0077\2421903v15.doc
38