HomeMy WebLinkAboutAGENDA REPORT 2015 0701 CCSA REG ITEM 08A ITEM 8.A.
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CITY OF MOORPARK,CALIFORNIA
City Council Meeting
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AGENDA
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AGENDA REPORT
TO: Honorable City Council
FROM: Joseph Fiss, Planning Manager
DATE: June 25, 2015 (CC Meeting of 7/ 015, Continued from 6/17/2015)
SUBJECT: Consider a Resolution Authorizing the Acceptance of.a General Plan
Amendment Application for Review Consistent with General Plan
Amendment Pre-Screening No. 2014-02, a Request to Allow a
General Plan Amendment Application to be Filed to Change the Land
Use Designation from Freeway/Right of Way to Light Industrial (I-1)
Adjacent to 14501 Princeton Avenue, on the Application of Sunbelt
Enterprises LLC. (Public Hearing Continued Open from June 17,
2015)
BACKGROUND/DISCUSSION
On May 20, 2015, the City Council opened the public hearing for General Plan
Amendment Pre-Screening No. 2014-02. At that hearing, the applicant expressed
concern about the timing of the recommended Specific Plan and Development
Agreement and requested a continuance to allow discussion on these items with staff
and the City Attorney. The City Council agreed to continue the agenda item with the
hearing open to June 3, 2015. On June 3, 2015, the City Council continued this agenda
item again to June 17, 2015 with the public hearing still open, to allow for the applicant
time to submit details for an alternative approach involving a deed restriction. No
speakers appeared on this item at the June 17, 2015 meeting. Additional time is still
needed for the applicant to submit details on this proposal.
STAFF RECOMMENDATION
Continue to accept public testimony and continue the agenda item with the public
hearing open to August 19, 2015.
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ITEM 8.A
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Moorpark
799 Moorpark Ave
Moorpark, CA 93021
ASSESSOR'S PARCEL No. 313-0-010=25 (Space Above for Recorder's Use)
DEED RESTRICTION
THIS DEED RESTRICTION (herein "Deed Restriction"), is executed by each of
(i) SUNBELT ENTERPRISES, LLC, a California limited liability company ("Land
Owner"), as to this Deed Restriction in its entirety, and (ii)
.as Trustee of._,the Trust
dated , (the "Trust"), only as to the provisions of Section 3 below, and is
approved and consented to by the CITY OF MOORPARK, a municipal corporation of
the State of California, with reference to the following facts:
A. Land Owner is the owner of certain real property more particularly
described on the attached Exhibit A (the "Property"). The Trust is
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B. The Property includes four (4) parcels, as approximately depicted on
Exhibit B attached hereto. Two (2) of the parcels are shown on the City's General Plan
Land Use Map as "Freeway Right of Way", a designation that is not consistent with the
use of the Property.
C. Land Owner desires to amend the General Plan Land Use Map to change
the land use designation of these two parcels to "Industrial".
D. The City, through its governing body the City Council, must agree to
initiate a General Plan Amendment, and if it does agree, the Land Owner is permitted to
file an application to amend the General Plan Land Use Map to change the land use
designation of these two parcels from "Freeway Right of Way" to "Industrial".
E. Land Owner has filed an application seeking City approval of a lot line
adjustment of the Property (the "Lot Line Adjustment") to reconfigure the lot lines in
order to place three existing industrial buildings, which now are all on one single lot, on
their own separate, individual lots. By doing so, the remaining fourth lot will be a vacant,
undeveloped parcel that incorporates what is known as the "hilltop" and the Princeton
Avenue parcel (hereinafter the "Hilltop Parcel"), as depicted on Exhibit B.
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F. The City seeks 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").
G. To help effectuate the outcomes sought by the Land Owner and the City
as outlined in Recitals A - F above, the Land Owner has agreed to encumber the Hilltop
Parcel in accordance with the covenants and obligations set forth below.
NOW, THEREFORE, subject to the terms contained herein, Land Owner hereby
covenants, acknowledges and agrees to restrict the Hilltop Parcel as follows:
1. Restriction. Any development of the Hilltop Parcel shall be conditioned upon
the preparation and adoption of the Specific Plan and the Development
Agreement, all in form and content acceptable to the City, and any such
developer/owner of the Hilltop Parcel shall be required to process various
entitlement applications through the City in accordance with the City's
standard processes that are then in place.
2. Term. This Deed Restriction shall become effective upon its recordation in
the Official Records of Ventura County, California (the "Official Records"),
which shall be concurrent with the recordation of the Lot Line Adjustment in
the Official Records, and 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 Specific Plan
and the Development Agreement have been adopted by the City, at which
point this Deed Restriction shall automatically terminate and have no further
force or effect. Prior to the adoption of the Specific Plan and the
Development Agreement by the City, this Deed Restriction may only be
terminated pursuant to a written termination executed by Land Owner and the
City and recorded in the Official Records.
3. Indemnification/Release. Each of Land Owner and the Trust agrees to
jointly and severally indemnify, defend and hold the City harmless from all
third party claims arising from this Deed Restriction, and each of Land Owner
and the Trust hereby waives and releases the City from any claim regarding
the effect of this Deed Restriction on the value and future development of the
Hilltop Parcel. The indemnification obligations of each of Land Owner and the
Trust pursuant to this Section 3 shall terminate upon the termination of this
Deed Restriction.
4. Payment of City Costs. As consideration for the City's approval of the Lot
Line Adjustment and General Plan Amendment, Land Owner agrees to pay to
the City the amount of Twenty Thousand and No/100 Dollars ($20,000.00),
upon recordation of the Lot Line Adjustment in the Official Records. Said
amount shall be placed in an escrow account, upon terms and conditions
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mutually agreed to by Land Owner and the City, and shall be released to the
City at such time as the Hilltop Parcel is developed as reimbursement of the
City's costs of preparing and approving the Specific Plan and the
Development Agreement. Notwithstanding the foregoing, in the event that
the costs incurred by the City in connection with its preparation and approval
of the Specific Plan and the Development Agreement exceeds $20,000, then
the applicable assignee of Land Owner which is the ultimate developer of the
Hilltop Parcel shall reimburse the City for such costs incurred above and
beyond $20,000 at such time as the Hilltop Parcel is developed, provided,
however, that the total amount payable to the City pursuant to this Section 4
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 Specific Plan and the Development Agreement, and all such
costs over and above the total amount payable to the City pursuant to this
Section 4 shall be borne entirely by the City.
5. Representations and Warranties. Land Owner hereby represents and
warrants to the City that it is the sole owner of the Property 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 Deed
Restriction.
6. Notices. All notices pursuant to this 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
and/or the TRUST:
Attention:
and also to
Jackson DeMarco Tidus Peckenpaugh
2815 Townsgate Road, Suite 200
Westlake Village, CA 91361
Attention: Thomas Cohen, Esq.
If to CITY: City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attention: City Attorney
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7. Rights of Lenders. No breach or violation of this 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.
8. Severability. If any provision of this 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.
9. Counterparts. This 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]
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IN WITNESS WHEREOF, the undersigned has executed this Deed Restriction
as of this day of July, 2015.
LAND OWNER:
SUNBELT ENTERPRISES, LLC,
a California limited liability company
By:
Name:
Its:
TRUST:
, as Trustee of
the ' Trust dated
APPROVED AND CONSENTED TO BY:
CITY OF MOORPARK,
a municipal corporation of the State of California
By:
Name:
Its:
Attest:
By:
City Clerk
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ACKNOWLEDGMENT
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,
(here insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he/she executed the same in
his/her authorized capacity, and that by his/her signature on the instrument the person, or the
entity upon behalf of which the person 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)
ACKNOWLEDGMENT
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,
(here insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he/she executed the same in
his/her authorized capacity, and that by his/her signature on the instrument the person, or the
entity upon behalf of which the person 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)
ACKNOWLEDGMENT
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,
(here insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he/she executed the same in
his/her authorized capacity, and that by his/her signature on the instrument the person, or the
entity upon behalf of which the person 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
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(Seal)
EXHIBIT A
Legal Description of the Property
[To be inserted]
A-1
EXHIBIT B
Approximate Depiction of Parcels Comprising the Property
Robe inserted]
B-1