The URL can be used to link to this page

Home My WebLink AboutAGENDA REPORT 1997 0507 CC REG ITEM 08BrrEm $'. 8. AGENDA REPORT CITY OF MOORPARK TO: The Honorable City Council Q, FROM: Nelson Miller, Director of Community DevelopmenO DATE: April 23, 1997 (For the City Council Meeting of May 7, 1997) SUBJECT: CONSIDER REQUEST FROM A. DEEWAYNE JONES FOR GENERAL PLAN AMENDMENT 96-2 FROM M (MEDIUM DENSITY RESIDENTIAL) TO C -2 (GENERAL COMMERCIAL) ON A FOUR ACRE PARCEL LOCATED CONTIGUOUS WITH THE SOUTHWEST QUADRANT OF MISSION BELL - PHASE 2, ASSESSORS'S PARCEL NO. 511 - 140 -13. (CONTINUED FROM APRIL 2,1997, PUBLIC HEARING CLOSED). At the public hearing on March 19, 1997, the City Council deferred action on General Plan Amendment No. 96 -2 until a legally acceptable instrument as approved by the City Attorney was received. The City Attorney has completed a draft agreement which has been reviewed by the property owner. Some information still remains to be completed and the property owner will need to execute the agreement. It is anticipated that this will be completed and received by the meeting City Council meeting. A copy of the draft agreement is attached. This will be the first amendment to the General Plan Land Use Element this calendar year. Each Element of the General Plan may be amended a maximum of four times per year. Each amendment may include multiple properties or amendments enacted at the same time. If a properly executed agreement has been received, it is recommended to approve the attached resolution approving General Plan Amendment No. 96 -2 for a change in Land Use designation from M ( Medium Density Residential) to C -2 (General Commercial). Attachment: Draft Agreement Resolution C:\ OFFICE\WPWtN\WPDOCS\CCRPTS\GPA962AD.WPD qwioa RECORDING REQUESTED BY: City Clerk, City of Moorpark WHEN RECORDED MAIL TO: City Clerk, City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 COVENANT RUNNING WITH THE LAND Attachment 1 THIS COVENANT is made this day of April 1997, by and between the Charles J. Gisler Family Trust ( "Covenantor ") and the City of Moorpark ( "Covenantee") . WHEREAS, Covenantor is the owner of certain real property at 635 West Los Angeles Avenue, in the City of Moorpark, County of Ventura, more particularly described in Exhibit "A" attached hereto and made a part hereof ( "the Covenantor Property "); and WHEREAS, Covenantee is the owner of certain real property at 799 Moorpark Avenue, in the City of Moorpark, County of Ventura, more particularly described in Exhibit "B" attached hereto and made a part hereof ( "the Covenantor Property "); and WHEREAS, Covenantor seeks to have the Covenantor Property rezoned from R -1 -8 (Single Family Residential -- 8,000 square foot minimum) to CPD (Commercial Planned Development) but acknowledges that some of the uses that are presently, or may subsequently be, allowed by right or permit in the CPD zone are, or may be, inappropriate uses for the Covenantor Property because of its particular location; and WHEREAS, Covenantee is willing to rezone the Covenantor Property from R -1 -8 (Single Family Residential -- 8,000 square foot minimum) to CPD (Commercial Planned Development) but for the concern that some of the uses that are presently, or may subsequently be, allowed by right or permit in the CPD zone are, or may be, inappropriate uses for the Covenantor Property because of its particular location; NOW, THEREFORE, in consideration of the mutual promises of the parties to this Covenant, each to the other as Covenantor and Covenantee, and expressly for the benefit of, and to bind, their successors* in interest, the parties agree as follow: LAX2:179176.7 t"003 LAX2:179176.7 1. Covenantee agrees to adopt an ordinance rezoning the Covenantor Property from R -1 -8 (Single Family Residential -- 8,000 square foot minimum) to CPD (Commercial Planned Development). 2. Covenantor agrees that, commencing on the effective date of the ordinance rezoning the Covenantor Property from R -1 -8 (Single Family Residential -- 8,000 square foot minimum) to CPD (Commercial Planned Development), the Covenantor Property shall be used for the following purposes only (as identified in Table 17.20.060 of the Moorpark Municipal Code) : Amusement and recreational facilities (see definitions) Not including - Amusement parks and carnivals, Arcades Health club /gymnasium (see definitions) Martial arts and dance studios Not including Motion picture theaters, outdoor (drive -in) Art galleries, museums and botanical gardens Not including Automobile service stations Banks and related financial offices and institutions Not including Bars, taverns and nightclubs Care facilities: For 7 or more persons (see also H &SC and W &IC) Day, Intermediate and residential Not including Car washes, self service or automatic Churches, synagogues and other buildings used for religious worship Clubhouses Not including Clubhouses with alcoholic beverages Club projects, temporary outdoor Communications facilities, Radio and television broadcasting stations Conference center /convention center Crop production, Dog and cat grooming Education and training, Colleges and universities, Schools: Elementary and secondary (nonboarding only), Schools: Professional, vocational, art, craft and self- improvement Not including Festivals and similar events, temporary outdoor Government buildings, excluding correctional institutions, Fire stations Grading - Within an overlay zone Health services such as professional offices and outpatient clinics, Ambulance services, Hospitals, Pharmacy, accessory retail, for prescription pharmaceuticals only. Not including Hotels, motels and boarding houses -2- LAX2:179176.7 Manufacturing Industries Apparel and related products Dressmaking and tailor shops Laboratories: research and scientific, Medical and dental Not including Laundry service laundromats Laundry service -light Libraries and information center, Printing, publishing and related industries, Print shops (up to 1,500 sq. Ft. of gross floor area) Not including Public works maintenance Not including Parking lots, Pipelines and transmission lines, aboveground Public utility facilities (Office only), Recording studios and sound stages Rental and leasing of durable goods, Bicycle rental Not including repair and reconditioning services Not including Automobile body work and painting, Automobile repair, including component repair Repair of personal goods such as jewelry, shoes and saddlery Restaurants, cafes and cafeterias temporary outside eating Not including drive - through facilities Retail trade (see definitions), Christmas tree sales, Mail order houses (nonstore), Nurseries, uses and structures, accessory, Outdoor sales and services, temporary (see definitions), Repair of products retailed Not including Feed stores, Lumber and building materials sales yards, Motor vehicle, Mobilehome, recreational vehicle and boat dealers Service establishments Business (see definitions) Not including Auction halls, not involving livestock, Disinfecting and exterminating services, Sign painting and lettering shops Personal (see definitions) Signs (see also Section 17.20040 and Chapter 17.40) Freestanding off -site advertising signs Not including Swap meets Taxidermy Transportation services (see definitions) Not including Bus and train terminals Uses and structures, accessory Not including Dwelling for superintendent or owner Game machines: three of fewer Temporary buildings during construction Vaccination clinics, temporary, for pet animals -3- I'1111"1 veterinary clinics, pet animals only Storage of building materials, temporary Not including Water production, storage and distribution facilities Private purveyers Zoological gardens, animal exhibits and commercial aquariums 3. Covenantor and Covenantee agree that, commencing on the effective date of the ordinance rezoning the Covenantor Property from R -1 -8 (Single Family Residential -- 8,000 square foot minimum) to CPD (Commercial Planned Development), all uses not specified in Paragraph 2 hereof that are presently allowed, or that at any time in the future may be allowed, in the CPD (Commercial Planned Development) zone, whether by right or by permit, shall be deemed transferred from the Covenantor Property to the Covenantee Property for the benefit of the Covenantee Property. 4. Covenantor and Covenantee agree that from time to time Covenantee may substitute any other property owned by Covenantee on the date of the substitution for the Covenantee Property ( "the Substitute Covenantee Property ") without the consent of Covenantor by the recordation of an amendment to this Covenant. The amendment shall describe the Substitute Covenantee Property and shall provide that, commencing on the date of recordation of the amendment, all uses not specified in Paragraph 2 hereof that are presently allowed, or that at any time in the future may be allowed, in the CPD (Commercial Planned Development) zone, whether by right or by permit, shall be deemed transferred from the Covenantor Property to the Substitute Covenantee Property for the benefit of the Substitute Covenantee Property. 5. All of the covenants, restrictions, and limitations set forth herein shall run with the Covenantee Property and the Covenantor Property and shall benefit and bind all persons, whether natural or legal, having or acquiring any right, title, or interest in any portion of the Covenantee Property or the Covenantor Property. Each grantee of a conveyance or purchaser under a contract of sale or similar instrument that covers any right, title, or interest in or to any portion of the Covenantee Property or the Covenantor Property, by accepting a deed or a contract of sale or similar instrument, accepts the conveyance or sale subject to, and agrees to be bound and benefitted by, all - of the covenants, restrictions and limitations set forth herein. 6. Nothing in this Covenant shall be construed so as to limit the right of Covenantee to rezone, or the right of Covenantor to petition Covenantee to rezone, the Covenantor Property in the future. 7. This Covenant shall remain in full force and effect until such time as an ordinance rezoning the Covenantor Property from CPD (Commercial Planned Development) to another zone designation becomes effective. LAX2:179176.7 -4- ltil• 8. This Covenant may be enforced by proceedings at law or in equity against any person who violates or attempts to violate a covenant, restriction or limitation hereof. The prevailing party shall be entitled to recover such attorneys' fees and court costs as it reasonably incurs in such a proceeding. 9. In the event any provision of this Covenant is found to be invalid or unenforceable in any proceeding at law or in equity, such finding shall not affect the other provisions of this Covenant, which shall remain in full force and effect. 10. Either party may record in the office of the Recorder of Ventura County this Covenant or any amendment hereto specified in Paragraph 4 hereof without the consent of the other party. IN WITNESS WHEREOF, Covenantor and Covenantee have executed this Covenant on the date first above written COVENANTOR Roger C. Gisler Trustee Charles J. Gisler Family Trust LAX2:179176.7 _ 5 _ COVENANTEE Patrick Hunter Mayor r OW007 LRGAL DRSCRIPTION The land referred to in this report is situated in the State of California, County of Ventura, City of Moorpark and is described as follows: That portion of Lot P, Tract C, Rancho Simi, in the City of Moorpark, County of Ventura, State of California, according to the map recorded in Book 5, page 5 of Maps, described as follows: Beginning at the intersection of the Southerly prolongation of the most Easterly line of Tract No. 1240, according to the map recorded in Book 30, page 56 of Maps with the centerline of Los Angeles Avenue, 60 feet wide, as said avenue is shown on last mentioned map; thence along said Southerly Prolongation, 1st: North 0 degrees 04' East 429.99 feet more or less, to the Southeasterly corner of said Tract 1240, being the Southeasterly corner of Lot 44 of said Tract No. 1240; thence along the Southerly line of said Tract, 2nd: North 89 degrees 59' 15" West 470.67 feet to the Northeasterly corner of Lot 51 of said Tract No. 1240; thence along the Easterly line and the Southerly prolongation thereof, 3rd: South 0 degrees 04' West 429.99 feet to said centerline of Los Angeles Avenue; thence along said centerline, 4th: South 89 degrees 59' East 470.67 feet to the Point of Beginning. EXCEPT THEREFROM the interest conveyed to the County of Ventura by deed recorded June 6, 1889 in Book 28, page 190 of Deeds, and by deed recorded November 8, 1900 in Book 68, page 316 of Deeds. ALSO EXCEPT THEREFROM that portion of said land described in the deed to the City of Moorpark recorded August 12, 1988 as Document No. 88- 115140 of Official Records. EXHIBIT A V Is �� `I w H r POR. TRACT L. RANCHO SIMI T 6N-- .. Tax Raft Am 511-0 n lows 1L0�039 r _ * Aff 1 i if 'FW) 1 aAarr am lk /, •� f t 411 O ( .�... • -,fIY W- 442 r o i l Srcom t •i' LQi uasr v f(f +' A LA glil f1' tidf �fy� rK f[ COf- ::o AVIE_ D ur P .or r • W u, K n 'Ti ti CITY OF MOOMPAAK Am Afa^ P.A# At.3aPv.59 Trod 4757 --4 MR 8l SK Pg is ASMOW's ANO N. Sit , POO* l wmAs S(mi, At. At Sk3. PS. 7 eDT[-dessomft @*a mommm Sh~ w EUMfoo cmmwy of v w wo. Caw Por to! P lFwadaddw sw R M. MLS Pg. S � D r WMWW M Mw.o sf..ttw•• sir« r.. cn w FTI That portion of Lot U in Tract L of the Rancho Simi, in the County of Ventura, State of California, as said Lot U is shown on the map recorded with the County Recorder of said County in Book 5, Page 5, of Miscellaneous Records, described as follows: The parcels of land described in the deeds recorded June 19, 1978, with said County Recorder as Document No. 62510 in Book 51421 Page 421, of Official Records, and as Document No. 62511 in Book 5142, Page 424, of Official Records, Except the following described Tract A and Tract B: Tract A Beginning at the intersection of the westerly boundary of the portion of Moorpark Avenue (State Highway 23), 60.00 feet wide, as shown on said map, with the westerly prolongation of the centerline of Charles Street, 60.00 feet wide, as shown on said map; thence, along said westerly prolongation, 1st - West 35.00 feet to the beginning of a tangent curve, concave northeasterly and having a radius of 80.00 feet; thence, 2nd - Westerly and northwesterly along said curve a dis- tance 62.83 feet through a central angle of 45 000100 "; thence, tangent to said curve, 3rd - North 45 000100" West 25.00 feet; thence, at right angles, 4th - South 45 000100" West 20.00 feet; thence, 5th - West 42.11 feet to a point; thence, 6th - Southerly and southwesterly along a curve, concave northwesterly and having a radius of 105.00 feet, the radial of which from said point bears West, a distance of 124.98 feet through a central angle of 68 011155 0; thence, 7th - South 33.93 feet to the southerly boundary of said parcel of land described in the deed recorded in Hook 5142, Page 424, of Official Records; thence, along said southerly boundary by the following three courses: 8th - East 80.00 feet; thence, 9th - South 10.00 feet; thence, 10th - East 151.50 feet to the westerly boundary of• said portion of Moorpark Road; thence, along said westerly boundary, 11th - North 114.45 feet to the point of beginning, Except the following described parcel of land: Beginning at the easterly terminus of the above 1st course, recited as "West 35.00 feet... "; thence, along said 1st course and the above 2nd, 3rd and 4th courses by the following four courses: 1st - crest 35.00 feet to the beginning of a tangent curve, concave northeasterly and having a radius of 80.00 feet; thence, 2nd - Westerly and northwesterly along said curve a distance of 62.83 feet through a central angle of 45 00010011; thence, tangent to said curve, 3rd - North 45 °00100" West 25.00 feet; thence, at right angles, 4th - South 45 000100" West 20.00 feet to a point; thence, 5th - Easterly and southeasterly along a curve, concave southwesterly and having a radius of 20.00 feet, the radial of which from said point bears South, a distance of 15.71 feet through a central angle of 45 °00100 "; thence, tangent to said curve, 6th - South 45 °00100" East 26.21 feet; thence, 7th - Southeasterly and easterly along a tangent curve, concave northeasterly and having a radius of 60.00 feet, a distance of 47.12 feet through a central angle of 45 °00100 ": thence, tangent to said curve, 8th - East 48.29 feet to the westerly boundary of said portion of Moorpark Road, 60.00 feet wide; thence, along said westerly boundary, ``ii44 . V+ t 9th - North 15.00 feet to the point of beginning, Tract B Beginning at the northwesterly terminus of the 3rd course, recited as "North 45 000100" West 25.00 feet ", in the above description of Parcel A; thence, at right angles to said 3rd course~ North 45 000100" East 16.00 feet to a point in a line which is parallel with and distant 16.00 feet northeasterly from said 3rd course; said point is the True Point of Begin- ning; thence, along said parallel line, 1st - South 45 000'00" East 24.00 feet; thence, 2nd - North 14 000100" West 2.50 feet to the beginning of a tangent curve, concave southerly and having a radius ,of 5.00 feet; thence, 3rd - Northerly, northeasterly, easterly, southeasterly, and southerly along said curve a distance of 15.01 feet through a central angle of 172 °00'00 "; thence, tangent to said curve, 4th - South 22 °00100" East 21.00 feet; thence, at right angles, 5th - North 68 000100" East 28.00 feet; thence, at right angles, 6th - North 22 000100" West 21.00 feet to the beginning of a tangent curve, concave southeasterly and having a radius of 5.00 feet; thence, 7th - Northerly, northeasterly, and easterly along said curve a distance of 7.85 feet through s central angle of ` 90 000'00 "; thence, tangent to said curve, 8th - North 68 000100" East 8.00 feet; thence, 9th - North 24.00 feet; thence, 10th - North 51 000100" West 19.00 feet; thence, 11th - South 68.00100" West 54.68 feet; thence, at right angles, 12th - South 22 000100" East 22.41 feet to the beginning of a tangent curve, concave northwesterly and having a radius of 3.00 feet, the northwesterly terminus of which passes through the True Point of Beginning; thence, 13th - Southerly, southwesterly, westerly, and northwesterly a distance of 8.25 feet through a central angle of 157 030100" to the True Point of Beginning. QOCOJA As a condition precedent to this conveyance, the above described Parcel 8 shall be used exclusively and continuously by the Grantee for the purpose of a Community Center Facility of not less than 9,630 square feet of floor area until March 1, 2004. In the event that a Community Center Facility of not less than 9,630 square feet of floor area is not continuously and exclu- sively operated on the property until March 1, 2004, the entire above described property (Parcel 8), including all improvements thereon, regardless of when constructed, shall be subject to the Grantor's power of termination in the above real property which reserves Grantor's right to re -enter and take full pos- session of said property if the above condition subsequent is not met. Grantor also reserves and excepts from the above described Parcel 8 the right of non - exlusive use of all driveways and public parking areas for access and vehicular parking purposes on such property regardless of when constructed. Grantee is granted the right of non - exclusive use by the public for vehicular parking of the public parking area on the above described Tract B of Parcel B. As a covenant of the conveyance of the above - described Parcel 8 Grantee promises to meet certain restrictions, as Grantor's successor in interest, as set forth in Exhibit A, hereto, due to Federal and State funding assistance that was received by Grantor for purchase and development of facilities on Parcel 8. As a covenant of the conveyance of all of the above described parcels, Grantee promises to meet all requirements for ex- penditure of Quimby Trust Funds and use of dedicated parklands as required by State law and County ordinance. V�pl3 1D 7p s w CON I.or u ~ "S. N' —AW 1 O� 4E O i ..1 8 -- - - - - - - - - - - - -- � 1 Op ttir L I r _L soot' W-18d POR. TRACT L, RANCHO SIMI ® T sw com Loll s i - If4.Il' samy �ss if- -T - - - -' aae. Ux 607 6' • -y -r�i31v•- - - - -,s a.sr' `�.rr s(wr A- G�R/L 147 • a m 1'rw-fim a OW Por Lot U "Po&dexNer Sub "R.M M5, Pg. 5 L Wpm M. L. Wlkks Sub. R. At Sk.5, Pt 37 NOTE - Assmssr's wck Nkmbsrs gown in Eugsss p....,. _ .. ... r►.. .> Assessrr's Porcos 'rtNs Tax Rat Area IOAts 511 -05 n A� O� i /rte sail fio NI' WiC CITY OF MODRPARK Ameww's UW Mr. 511 , Pg. 05 County► of vwwa, Caw RESOLUTION NO. __. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA APPROVING GENERAL PLAN AiT 96-2 FOR A CHANGE IN TEE LAND USE DESIGNATION OF TUB GENERAL PLAN FROM M (MEDI'QM DElTSITY RESIDENTIAL) TO C -2 (GENERAL CO1 RCIAL) ON A FOUR ACRE PARCEL LOCATED CONTIGUOUS WITH THE SOUTHWEST QUADRANT OF MISSION BELL - PHASE 2 (ASSESSOR'S PARCEL NO. 511- 14-13) ON THE APPLICATION OF A. DERWAYNE JONES, D.D.S. WHEREAS, at a duly noticed public hearing on February 10, 1997, the Planning Commission considered the application filed by A. Deewayne Jones and recommended to the City Council approval of General Plan Amendment No. 96 -2 for a change in the Land Use Designation of the Land Use Element of the General Plan from M (Medium Density Residential) to C -2 (General Commercial) WHEREAS, at its meeting of March 5, 1997, the City Council opened the public hearing, took testimony from all those wishing to testify, and closed the public hearing; and WHEREAS, the City Council after review and consideration of the information contained in the staff report dated March 5, 1997 and testimony, has made a decision on the matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council determined that the General Plan Amendment and Zone Change is exempt from the California State Environmental Quality Act (CEQA) Guidelines pursuant to Section 15061 (b) (3) in that the proposed change in the General Plan Land Use and Zoning Designation do not have the potential for causing a significant effect on the environment. SECTION 2. That the City Council approves a change in Land Use Designation to C -2 (General Commercial) be granted in that it is consistent with the C -2 General Commercial east of the development and is therefore consistent with and has the potential to be compatible with other neighboring C -2 land uses in the vicinity. PASSED, APPROVED, AND ADOPTED THIS 1 DAY OF , 1997 Patrick Hunter, Mayor ATTEST: Lillian E. Hare, City Clerk