HomeMy WebLinkAboutORD 080 1986 0915ORDINANCE NO. 80
F AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA,
AMENDING THE ZONING OF CERTAIN PROPERTIES (ZONE
CHANGE NO. Z -2806, CAREN)
THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Moorpark
does hereby find, determine and declare that:
A. The change and amendment to the zoning ordinance
set forth below, zoning the subject property (Assessor's
Parcels Nos. 511 -09 -06 and 511- 09 -07) was duly initiated,
notice of public hearing thereon was duly given in
accordance with applicable laws;
B. Public hearings thereon were duly held by the
Planning Commission of the City of Moorpark on August 8 and 29,
1985, December 11, 1985, January 8 and 15, 1986, and by the
City Council of the City of Moorpark on February 24 and
August 4, 1986;
C. On January 22, 1986, the Planning Commission of ,
the City of Moorpark, by Resolution No. PC- 86 -75, recommended
to the Council that
1. That the Planning Commission has reviewed and
considered the adequacy of the Final Environmental
Impact Report assessing the environmental effects of
the Carlsberg and Caren Component projects, with the
provision that an additional traffic analysis addressing
the existing, project- specific, and cumulative traffic
impacts on the Moorpark Avenue /Poindexter Avenue
intersection be prepared at the time the application for a
new commercial planned development permit to allow the
addition of parking, landscaping, and commercial uses on
the Caren property is submitted to the City. -
2. Apprcve the Caren Component of General Plan
Amendment No. 85 -2;
3. Approve Zone Change No. 2806; and
D. On May 5, 1986, the City Council directed that a
Traffic Study Addendum be prepared, and the Citv Council
considered said Traffic Studv Addendum dated Mav 28, 1986
=.t the public hearing held on August 4, 1986;
F. The City Council has considered all of the
information presented to it at the public hearings held on
February 24 and August 4, 1986, and determined that the public
necessity, convenience, general welfare and good zoning practice
require that the following zone change be made;
F. In taking this action, the City Council finds that
the change and amendment to the Zoning Ordinance, as set forth
below, is consistent with the General Plan.
SECTION 2. That Assessor Parcel Nos. 511 -09 -06 and
511 -09 -07 as shown on the map which is attached hereto as
Exhibit "A" are hereby placed and included in the "General
Commercial" (C -2) zone with the owner's consent to restrict
said C -2 uses to those specifically contained in the Declaration
of Restrictions which is attached hereto as Exhibit "B ".
SECTION 3. The Director of Community Development shall
revise the official zoning map of the City of Moorpark to reflect
the changes in zone of the premises described herein.
SECTION 4. The City Clerk shall, within 15 days after
the passage of this ordinance, cause it to be posted in at least
the three public places designated by resolution of the City
Council; shall certify to the adoption and posting of this
ordinance; and shall cause this ordinance and its certification,
together with proof of posting, to be entered in the book of
ordinances of this City.
APPROVED AND ADOPTED this 15th day of September ,
•:.
Mdyo'Y of the Cit of Moorpark,
California_/
ATTEST:
ATE - CALIFORNIA -T -- - - _..._..-
COUNTY OF VENTURA ) SS.
CITY OF MOORPARK )
I, Inez Bryson (4, ty, Clerk of the City of
Moorpark, California, do hereby certify that the foregoing
Ordinance No. 80 was adopted by the City Council of the City
of Moorpark at an adjourned regular meeting thereof, held on the
15th day of September , 19 8 and that the same was
adopted by the following vote, to wit:
AYES: Mayor Ferguson, Councilmembers Woolard, Prieto, Yancy- Sutton
and Hartley
NOES: None
ABSENT: None
WITNESS my hand and the official seal of said City this
15th day of September , 19 86
I��_,b. c L� ty C erk
J 'J
M C C L E L L A N D
E N G I N E E R S
RECORDING REQUESTED BY:
WHEN RECORDED MAIL TO:
City Clerk
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
DECLARATION OF RESTRICTIONS
The undersigned declarant(s),
Raymond Caren, M.D.
the owner(s) of the real property legally described as
See Attachment No. 1
(the "Property ") does (do
impose the following restrictions upon the Property.
1. The buildings and structures that exist on the
Property, or any portion or portions thereof, as of the date
this Declaration is executed (the "Existing Improvements ")
are herebiz restricted to the following uses as contained in
Article lI General Commercial (C -2) Zone of Division 8 -- Planning
and Development of the Ventura County Ordinance Code as adopted by
the City of Moorpark by Section 13 of Ordinance No. 6 and listed
as follows: See Attachment No.2.
This restriction shall not apply to any buildings or structures
developed on the Property, or any portion or portions thereof,
after the date this Declaration is executed. Developed shall
not include alterations or additions to, or the maintenance or
repair of, the Existing Improvements.
2. This Declaration is made and entered into by the
undersigned declarant(s) as consideration for, and in compliance
with, the rezoning of the Property pursuant to Zone Change
No. 2806, which zone change was approved by the City Council
of the City of Moorpark on September 15 , 1986 pursuant
to Ordinance No. 80 and is for the use and benefit of
the Property and each and every person or entity who now or
in the future owns the Property or any portion or portions thereof.
This Declaration shall not be extinguished or altered in any
way by the undersigned or any of their heirs, successors or assigns
without the prior written and recorded consent of the City Council
of the City of Moorpark.
3. The undersigned declarant(s) declare that the Property
shall be held, transferred, encumbered, used, sold, conveyed,
leased and occupied subject to the restriction hereinabove set
forth and said restriction shall run with the land and be binding
upon the undersigned declarant(s) and their heirs, successors and
assigns for the period of time that the Existing Improvements,
or any portion or portions thereof, remain on the Property,
unless an instrument signed by the City Council of the City of
Moorpark, agreeing to a change of said restriction, in whole or
in part, has been recorded.
IN WITNESS WHEREOF the parties hereto have caused
this Declaration of Restrictions to be executed this 15th
day of September 1986 at Moorpark, California.
CITY OF MOORPARK
DECLARANT(S)
B �;, �i �. i �c
y: _ , � By:
Mayor %
ATTEST: By:
BY:
iic r / r ity. Clerk
This Declaration shall not be extinguished or altered in any
way by the undersigned or any of their heirs, successors or assigns
without the prior written and recorded consent of the City Council
of the City of Moorpark.
3. The undersigned declarant(s) declare that the Property
shall be held, transferred, encumbered, used, sold, conveyed,
leased and occupied subject to the restriction hereinabove set
forth and said restriction shall run with the land and be binding
upon the undersigned declarant(s) and their heirs, successors and
assigns for the period of time that the Existing Improvements,
or any portion or portions thereof, remain on the Property,
unless an instrument signed by the City Council of the City of
Moorpark, agreeing to a change of said restriction, in whole or
in part, has been recorded.
IN WITNESS WHEREOF the parties hereto have caused
this Declaration of Restrictions to be executed this 15th
day of September , 1986 at Moorpark, California.
CITY OF MOORPARK DECLARANTIS)
B y y 71' By: A,0. A 1A Om
�V
Mayor
ATTEST:
By:
City Clerk
By:
CAT. NO. NNO0627
TO 1944 CA (9 -84) J TICOR TITLE INSURANCE
(Individual)
STATE OF CALIFORNIA
COUNTY OF LOS Angeles SS'
On February 24. 1987 before me, the undersigned, a Notary Public in and for
said State, personally appeared Raymond Caren M.D. * * *
, personally known to me or
proved to me on the basis of satisfactory evidence to be
the person_ whose name i s subsc ;ibed to the
within instrum t and acknowledged that he exe-
cuted the
WITNES and and official seal
OFFICIAL SEAL
DON L. SEMENIUK
Notary Public - California
LOS ANGELES COUNTY
• �` My Comm. Exp. Mar. 2, 1990
(This area for official notarial seal)
PART OF LOTS 34 AND 35 OF FREMOUNT, A SUBDIVISION OF LOT "L" OF
TtAE RANC140 SIMI IN THE COUNTY OF VENTURA, STATE OF CALIFORNIA,
AS PER MAP RECORDED IN BOOK 3 PAGE 39 OF MAPS, IN THE OFFICE OF THE
COUNTY RCCOROER OF SAID VENTURA COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION Of THE WEST LINE Of MOORPARK
AVErIUE WITH T•IC SOUTH LINC OF THE LA1ID CONVEYED TO SOUTHERN PACIFIC
RAILROAD COMPANY A CORPORATION IN DEED RECORDED 14ARCH 20, 1900
IN BOOK 64 PAGE 169 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID VENTURA COUNTY) SAID POINT Of BEGINNING BEING DISTANT SOUTH
150 FEET AT RIGHT ANGLES FROM ENGINEERS STA. 1022 -50 IN THE CENTER
LINC OF SAID SOUTHERN PACIFIC RAILROAD; THENCE ALONG THE WEST LINE
OF SAID MOORPARK AVENUE.
1ST: -SOUTH 100 FEET TO THE NORTH LINE OF A COUNTY ROAD RUNNING
WEST; THENCE ALONG SAID NORTH LINE,
2X0: -WEST, PARALLEL WITH SAID RAILROAD LINE 1063.6 FEET TO AN
ANGLF. POINT IN SAID COUNTY ROAD) THENCE ALONG SAME
3RD: -NORTH 100 FEET TO THE SOUTH LINE Of THE LAND CONVEYED TO
SAID SOUTHERN PACIFIC RAILROAO COM►OMFANY ABOVE MENTIONED; THENCE
ALONG SAME
4TH: -EAST 1063.6 FEET TO THE POINT Of BEGINNING-
EXCEPTING THEREFROM THE FOLLOWING:
PART OF LOT 34 OF FREMON•T SUBDIVISION OF LOT "L" OF THE RANCHO
SIMI, ACCORDING TO MAP RECORDED IN BOOK 3 PAGE 39 Of MAPS, 14 THE
OFFICE OF THE COUNTY RECORDER Of SAID VENTURA COUNTY, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER Of THE LAND CONVSYEO TO JOHN•[•
MILLER AND PETER J. CUCCATTO BY DEED RECORDED IN BOOK 000 PAGE 2
OF OFFICIAL RECORDS, THE SAME BEING AN ANGLE POIN( IN THE NORTH AND
CAST LINE OF POINDEXTER AVENUE AS DESCRIBED IN DEED RECORDED IN
BOOK 63 PAGE 316 Of DEEDS) THENCE,
i 1ST: -NORTH 100 FEET ALONG THE EAST LINE OF POINDEXTER AVENUE
TO THE SOUTHWEST CORNER Or THE SOUTHERN PACIFIC RAILROAD STATION
Y.GROUNOS AT MOORPARK; THENCE ALONG THE SOUTHER LINE THEREOF
2NO: -EAST 433.60 FEET; THENCE,
l
3RD: -SOUTH 100 PEET TO THE NORTH LINE OF POINDEXTER AVENUE; THENCE
4TH: -WEST ALONG SAID NORTH LINE 433.60 FEET TO THE 'DINT Of BEGINNING.
RC:JB
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