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Home My WebLink AboutAGENDA REPORT 1995 0621 CC REG ITEM 08Oim WAIMI SUBJECT CITY COUNCIL AGENDA REPORT The Honorable City Council Dirk Lovett, Assistant City Engineer (Chris Oberender, Associate Engineer) June 8, 1995 (CC Meeting of iune 21 1995) Background: ITEM V, • v - 100RPARK, CAUfC, ", City Cound Meefny ot6 -al 1995 CTION: CERTIFICATE OF COMPLIANCE NO. 95 -1 ON THE REQUEST OF SIMI MOORPARK FREEWAYS (CARLSBERG) On January 9, 1995, the City Engineers Office received a request from the developer's engineer for a legal lot determination. The property for which the request was made is presently zoned OS (Open Space) -40 Acres and comprises Assessor's Parcel Numbers 513 -0- 050 -085 and 500- 0 -350- 145. The parcel is located east of the SR -23 Freeway and North of Tierra Rejada Road. This parcel is described in the legal description attached to the Certificate of Compliance as Exhibit 'A" and is also shown on Attachment No. 1. Section 66499.35 of the Map Act states that any person owning real property or a vendee of that person pursuant to a contract of sale may request, and the local agency shall determine, whether the real property complies with the provisions of the division and of local ordinances enacted pursuant thereto. Upon the determination, the City shall cause a Certificate of Compliance to be filed with the County Recorder if the proposed division complies with local ordinances. Carlsberg has made this request to accommodate an early sale of the property to the SDI corporation thereby avoiding the normal time constraints associated with preparation and approval of a Parcel or Tract Map. A determination of a legal lot by the City will allow Carlsberg to sell the property in compliance with the requirements of the City's Subdivision Ordinance and the State (government ("'ode. At the present time this property is undeveloped and has been designated as the possible future site for SDI Inc. Upon receipt of this request a copy was forwarded to the City Attorney for their opinion on the matter. Upon completing a review of the history of this property and various County Ordinances, the City Attorney determined that this parcel was legally created when the State of California condemned the property now known as the SR -23 freeway (see City Attorney's comments in attachment No. 2). As part of this review the City Attorney determined that the taking by the State of the freeway falls within the rules of Section 66412.6 of the government code which states that "any parcel created prior to March 4, 1972, shall be conclusively presumed to have been lawfully created' if (i the parcel resulted in a division of land into fewer than five parcels and (ii) there was no local ordinance in effect which regulated divisions of land into fewer than five parcels. Therefore the City has determined that this condemnation resulted in a "division" of land and constituted a "sale" for the purposes stated in the Subdivision Map Act. Discussion: As a result of this determination, the City will give Simi Moorpark Freeways a Certificate Of Compliance verifying that the new parcel is in compliance with the City's Subdivision Ordinance and Section 66499.35 of the Subdivision Map Act regarding Certificates of Compliance. It should be noted that a portion of this property lies outside of the City boundary. As a result, the City of Moorpark will require that any future developer diligently initiate and beat the expense for all annexation proceedings prior to the City issuing a development permit. As indicated in a June 6, 1995 letter from the City Attorney (See attachment No. 3, item 3), annexation decisions will rest with LAFCO. This request has been reviewed by the Planning Department which has given its approval for issuance of a Certificate A Compliance. This matter is being presented to the +_; Staff Recommendation: Receive and file the report. Exhibits: Certificate of CompliancE C of C Carlsberg /SDI April 10, 1995 Steven Kueny, City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Re: Vesting Tentative Map 4973 Carlsberg North -- - Dear Steve: By letter dated February 10, 1995, I advised you that condemnation for freeway purposes, by the State of California, does not constitutes a legal subdivision of land. The subject condemnation of a portion of a parcel of Carlsberg property occurred in 1969. (V.C.S.C. Case No. 50755.) Carlsberg has now asked if the property that was left on either side of the freeway can be deemed to be two legal parcels pursuant to the Subdivision May Act, Government Code Section 66412.6. In my opinion they can. Discussion Government Code Section 66412.6 provides, in pertinent part, that "any parcel created prior to March 4, 1972, shall be conclusively presumed to have been lawfully created" if (i) the parcel resulted from a division of land into fewer than five parcels and (ii) there was no local ordinance in effect which regulated divisions of land into fewer than five parcels. The condemnation of part of a parcel results in a "division" of land and constitutes a "sale" for purposes of the Subdivision Map Act. (58 Ops.Cal.Atty.Gen. 593, 594.) In this case, the division into two parcels occurred in 1969. At that LU{2:124918.1 r- C, JVEV ( Attachme, � �— ,onmenl Dwartment LAW-OFFICES 11 BIIBKE, WILLIAMS & SORENSEN VENTURA COUNTY OF /ICE 611 WEST SIXTH STREET, SUITE 2500 BURKE. WILLIAMS. SORCNSEN i GAAR 2310 PONOCROSA DRIVE LOS ANGELES, CALIFORNIA 90017 LIGHTON PLAZA SUITE I 7300 COLLEGE BOULEVARD CAMARILLO. CALI /ORNIA 43010 1213) 236 -0600 SUITE 220 16051 117 -3466 _ _ OVERLAND PARK. KANSAS 66210 1911313311111-41111200 TELECOPIER 12131 % "36 -2100 ORANGE COUNTY OrrICE WRITER'S DIRECT DIAL 3200 BRISTOL STREET SUITE 640 213-236-2721 COSTA MESA. CALIIORNIA 92626 97141545.6559 OUR FILE NO. 01359 -041 April 10, 1995 Steven Kueny, City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Re: Vesting Tentative Map 4973 Carlsberg North -- - Dear Steve: By letter dated February 10, 1995, I advised you that condemnation for freeway purposes, by the State of California, does not constitutes a legal subdivision of land. The subject condemnation of a portion of a parcel of Carlsberg property occurred in 1969. (V.C.S.C. Case No. 50755.) Carlsberg has now asked if the property that was left on either side of the freeway can be deemed to be two legal parcels pursuant to the Subdivision May Act, Government Code Section 66412.6. In my opinion they can. Discussion Government Code Section 66412.6 provides, in pertinent part, that "any parcel created prior to March 4, 1972, shall be conclusively presumed to have been lawfully created" if (i) the parcel resulted from a division of land into fewer than five parcels and (ii) there was no local ordinance in effect which regulated divisions of land into fewer than five parcels. The condemnation of part of a parcel results in a "division" of land and constitutes a "sale" for purposes of the Subdivision Map Act. (58 Ops.Cal.Atty.Gen. 593, 594.) In this case, the division into two parcels occurred in 1969. At that LU{2:124918.1 r- C, JVEV ( Attachme, � �— ,onmenl Dwartment LAW OFFICES BuRKE, Mums & SORENSEN VENTURA COUNTY OFFICE 611 WEST SIXTH STREET, SUITE 2600 FRESNO OFFICE 2310 PONDEROSA DRIVE LOS ANGELES, CALIFORNIA 90017 7108 NORTH FRESNO STREET SUITE 401 SUITE 1 CAMARILLO, CALIFORNIA 93010 12131 23600 06 FRESNO, CALIFORNIA 5 ZY38 (2091261-0183 (9051987-3488 ORANGE COUNTY OFFICE TELECOPIER: 12131 2362700 BURKE, WILLIAMS. SORENSEN t GAAR UGHTON PLAZA 3200 PARK CENTER DRIVE 7300 COLLEGE BOULEVARD SUITE 760 SUITE 220 COSTA MESA, CALIFORNIA 9262E OVERLAND PARK, KANSAS 06210 (913) 3396200 (714) 646 -6669 WRITER'S DIRECT DIAL: 213-236 -2721 OUR FILE NO. 01369 -041 1AX2:129197.1 June 6, 1995 Mr. Dirk Lovett Assistant City Engineer City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Re: Carlsberg Certificate of Compliance Dear Dirk: By memorandum dated May 30, 1995, the City Manager has asked me to respond to you memorandum dated May 19, 1995 regarding the above - described matter. In your memorandum you pose three questions. Those questions are addressed below. 1. Can the City require, as a condition, that the developer annex that portion of the property located in the County? Government Code Section 66499.35(b) governs the extent to which certificates of compliance may be conditioned. In order to condition the certificate to require annexation, that requirement would have had to have been established by the Subdivision May Act or the County Ordinance at time that Carlsberg acquired the property. That seems most improbable given that neither the Act nor the Ordinance applied to the property when it was divided in 1969, 2. Can the City issue it's Certificate of Compliance to cover property not presently under its jurisdiction (Southerly portion of SDI property)? No. (Compare Government Code Section 66413.) (Attachmen, 3 cc'!"It:ktiCry, �IJN 71995 f cc'!"It:ktiCry, �IJN 71995 Dirk Lovett, Assistant City EngineEyr June 6, 1995 Page 2 3. If it is determined that the property in question can not be conditioned for annexation as part of the Certificate of Compliance process, can annexation be required instead during the normal permit /development process at a later date? Such a condition would not be unlike any other condition; that is, to be enforceable against the will of the developer, the condition must (i) bear a reasonable relationship to the proposed development and (ii) be capable of performance by the developer. Both are factual issues, but I do note that while a developer may apply for annexation, he cannot compel annexation - -the decision - making authority rests with LAFCO. CJK cc: Steven Kueny, City Manager LAX2:129197.1 �__._ VRYL yours , KAN NEY, MOORPARK; and BURKE, WILLIAMS & SORENSEN Steven Kueny February 10, 1995 Page 2 time, the property was in unincorporated territory and_the County of Ventura only regulated divisions of land into three or more parcels. (Ventura County Ordinance No. 551, adopted March 29, 1955, and No. 859,.adopted'November 10, 1959,.both of which were in effect as late as 1974, according to information provided to Ronald S. Tankersley by Chicago Tile Company.) Conclusion The condemnation of a portion of a parcel of land owned by Carlsberg created two parcels. Since, at the time of the condemnation, the County.of Ventura did not regulation the division of property into two parcels, the two parcels are legal parcels. `fiery truly yours, r 49RNEY, KANE MOORPARK; and BURKE, WILLIAMS & SORENSEN CJK cc: Dirk Lovett, Assistant City Engineer LAX2:124818.1