Staff Report — Simi Valley City Council, January 24, 2022

InterimUrgencyOrd. SB 9CCmtg1-24-22(klk)

CITY OF SIMI VALLEY

MEMORANDUM
J
anuary 24, 2022
TO
: City Council
F
ROM: Department of Environmental Services
S
UBJECT: A PUBLIC HEARING TO CONSIDER ADOPTION OF AN INTERIM

URGENCY ORDINANCE (BY A FOUR-FIFTHS VOTE) EXTENDING FOR UP TO AN ADDITIONAL 22 MONTHS AND 15 DAYS RULES AND

REGULATIONS FOR DEVELOPING TWO -UNIT RESIDENTIAL

DEVELOPMENTS, AND SUBDIVIDING SINGLE- FAMILY RESIDENTIAL PROPERTIES IN RESPONSE TO STATE SENATE BILL 9, DECLARING

THE URGENCY THEREOF, AND MAKI NG A D ETERMINATION THAT

THE ORDINANCE IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT

STAFF RECOMMENDATION
I
t is recommended that the City Council adopt, by 4/5ths vote, Ordinance No. 1335 extending the rules and regulations contained in Ordinance 1331 regarding Two -Unit Residential Developments and standards for subdividing single- family residential properties in re sponse to Senate Bill SB 9 for 22 months and 15 days , ending on December 17, 2023.

BACKGROUND AND OVERVIEW
O
n September 16, 2021, Governor Newsom signed SB 9 that became effective on January 1, 2022, which allows property owners, within single-family zones, to:
• D
evelop up to two primary residential units on a single lot (by adding either two new detached units or one new SB -9 unit attached to one existing unit) with ministerial approval; and
• C
reate a two-lot subdivision on an existing residential lot, subject to certain criteria being met (two units may also be constructed on each lot) wi th ministerial approval.

E
liminating a significant amount of local control over land use planning, SB 9 supersedes several City regulations regarding single- family residential subdivision and development standards; however, the bill does preserve some authority for local jurisdictions to enact regulations through the adoption of new and objective zoning regulations.

AGENDA ITEM NO.

InterimUrgencyOrd. SB 9CCmtg1-24-22(klk)
On December 20, 2021, the City Council adopted Urgency Ordinance No. 1331 (Attachment A) as a measure to establish a 45-day interim ordinance in accordance with Government Code Section 65858 to establish rules and regulations for developing Two-Unit Residential Developments and for subdividing single -family residential properties in response to Senate Bill SB 9. The conditions that l ed to establishment of the ordinance are listed in Urgency Ordinance No. 1331 and are still valid as of the date of this report. In general, the City Council determined that the ordinance was necessary due to lack of standards and procedures that would create confusion as to how to process SB 9 applications. In order to protect the public’s peace, health, safety and welfare, local regulations for determining lot coverage, setbacks, lot size, parking, building heights, building design and other limitations allowed by the State would need to be adopted urgently, as Ordinance 13 31 expires on February 2, 2022 , unless it is extended by the City Council in accordance with Government Code Section 65858(a) and (b).

The City Council may adopt a second urgenc y ordinance to extend interim rules and regulations for a maximum of 22 months and 15 days, ending on December 17, 2023, in order to provide the City adequate time for further research of measures to ensure the protection and preservation of the public health, safety and welfare of the community, compatibility between land uses, and other best practices associated with the City’s preparation of amendments to the Municipal Code. Additional time will also allow staff to further refine the ordinance if there are updates to the State law in 2022 and 2023.

Additionally, the extension will provide adequate time for staff to return with a permanent ordinance that received a full Planning Commission review.

Adopting the ordinance
extension will still allow residents to develop SB 9 units using the interim rules and regulations as required by State law.

FINDINGS AND ALTERNATIVES

Urgency Ordinance No. 1331 adopted by the City Council on December 20, 2021 established objective zoning, subdivision, and design standards and established rules and regulations for subdividing single-family residential properties (Refer to City Council Staff Report Exhibit 1 of this report). Proposed Ordinance No. 1335 extends the provisions of Ordinance 1331, which expires on February 2, 2022, and gives the Director of Environmental Services authority to ministerially approve SB 9 requests without a public hearing as long as the proposed project meets the objective standards established by the ordinance and State law requirements. This ministerial approval is required by SB

9. The following summarizes interim regulations contained in the initial 45- day interim ordinance and proposed extension:

1. Permitted Uses

Development projects that must be approved pursuant to SB 9 will be called Two-Unit Residential Developments. These residential units may be located in a single building that contains two residential units (also known as a duplex) or in two detached buildings.

As required by State law, the new use is permitted ministerially in the City’s “single-family 2 InterimUrgencyOrd. SB 9CCmtg1-24-22(klk)
residential zones ,” Open Space (OS), Residential Estate (RE), Residential Very Low (RVL), Residential Low (RL), Residential Medium (RM), and Residential Planned Development (RPD) Zoning Districts.

2. Two-Unit Residential Development

New Development Code standards are created for Two-Unit Residential Developments.

These standards address prohibited development, the number of units allowed, site and vehicular access, parking, compliance with the City’s Hillside Performance Standards , and objective design standards, as follows:

A. Prohibited Development. Two-Unit Residential Development use is not permitted as follows:

(1) If the proposal requires the demolition or alteration of income restricted units or units that were previously used as rental housing in the last three years; (2) No more than 25 percent of the existing exterior structural walls on-site can be demolished to construct and/or subdivide the property;
(3) The property must be located outside the Alquist -Priolo Earthquake Fault Zone, 100 Year Flood Zone areas (unless certain mitigation measures can be achieved to determine buildable areas), and Wildlife Corridors. If a property is located within the Very High Fire Zone, the residential units must be designed to meet the high fire construction standards of the California Building Code; and (4) Properties already developed with two or more residential units cannot use the provisions of this code to add floor area, residential units , or make any other alterations to the buildings or site.

B. Number of Residential Units Allowed: A maximum of four units are allowed for a Two- Unit Residential Development. In other words, if an existing lot is divided into two parcels, then each newly created parcel can have a maximum of two units.

The Two-Unit Residential Development can be accomplished as follows:
(1) A property developed with one (1) single- family residence can add one (1) detached SB 9 unit plus an Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit ( JADU) to the property, in which case the urban lot split is not available. Maximum of four (4) units.
(2) A property developed with one (1) single- family residence can add one (1) attached SB 9 unit plus two detached ADUs to the property, in which case the urban lot split is not available. Maximum of four (4) units. (3) A property developed with one (1) single-family residence, ADU and/or JADU can add one (1) SB 9 unit, in which case the urban lot split is not available. Maximum of four (4) units.
3 InterimUrgencyOrd. SB 9CCmtg1-24-22(klk)
(4) A property developed with one (1) single-family residence can split the lot and add one (1) SB 9 unit to the lot with the residence. On the new lot they can construct two (2) new SB 9 units. No new ADU/JADU is allowed on either lot. Maximum of four (4) units between the two (2) lots.

The housing units can be incorporated entirely within an existing residential unit, or incorporated entirely within an existing accessory building, including garages ; or can be new attached or detached units, configured as mentioned above. A Two-Unit Residential Development in any of the configurations described above may be added to a newly created lot concurrently with an approval for a two- unit residential lot split; however, the provisions of that section shall not be used to permit more than two units on a lot.

C. Existing ADU/JADU’s
: Properties with an existing ADU or JADU constructed prior to January 1, 2022: the units may be located on a property with a proposed Two- Unit Residential Development and will count towards the number of housing units on the lot.

D. Accessory Dwelling Units: New ADUs are permitted on properties with a proposed Two-Unit Residential Development, as required by state law, if the lot is not subdivided. However, if a property with a proposed Two- Unit Residential Development is subdivided, no new ADU or JADU is permitted on either property.

E. Accessory Buildings Allowed: Residential accessory structures such as garages, not attached to the dwelling units, and storage sheds may be permitted pursuant to 9-

44.160 Accessory Structures.

E. Rental Terms: Each unit may be rented separately however rental terms may not be less than 31 consecutive days.

F. Access to the Public Street : Every residential unit will be required to either face the public street or have frontage on a public street or access to a public street, as described below:
(1) Vehicle Access. When a lot is split under the provisions of this urgency ordinance, vehicle access must be provided by a paved driveway that complies with City Ordinance requirements.
(2) Pedestrian Access. Pedestrian access must be provided to all units consisting of a pathway from the primary entrance of each unit to the adjoining sidewalk, street or alley.

G. Parking
: One enclosed off-street parking space in a garage will be required for each unit and must be located on the same lot as the residential units they serve. In order to meet parking requirements, tandem parking inside a garage will be allowed.

Parking for existing ADU/JADU’s will remain as required per SVMC 9-44.160. 4 InterimUrgencyOrd. SB 9CCmtg1-24-22(klk)
H. Hillside Subdivision Requirements : Proposed lot splits on properties with slopes greater than 20 percent must meet the requirements of SVMC Section 9- 32, Hillside Performance Standards.

I. Tentative Parcel Map: Any lot subdivided (urban lot split) under the provisions of the urgency ordinance must be submitted in accordance with SVMC Section 9- 61, Tentative Map Filing and Processing, and comply with the requirements stated in the urgency ordinance.

(1) Maximum floor area and unit size: Maximum unit size is determined based on the size of the existing residence and the size of the lot.

a. One new attached
SB 9 unit – limited to 50 percent of the living area of the existing residence. Maximum unit size is 800 square feet. b. One converted unit – limited to the footprint of the structure. Maximum unit size is 800 square feet.
c. New Detached Unit or New Duplex – Unit size is determined by the size of the lot. Each unit must not exceed the maximums set below:
i. Lots up to 5,000 square feet: 800 square feet maximum. ii. Lots 5,001 to 8,000 square feet: 1,000 square feet maximum. iii. Lots 8,001 square feet or larger: 1,200 square feet maximum. (2) Building Separation: No detached one-story unit can be closer than 10 feet to any other main unit on the same property, and 20 feet if the new unit is two stories. No detached accessory structure can be closer than 6 feet to any other accessory building on the same lot.
(3) Setbacks: All structures in a T wo-Unit Residential Development, including accessory buildings, will need to comply with the setback standards for the base zone, as outlined in SVMC 9-24.050, however, this section will allow side setbacks of 4 feet for single-story buildings and 10 feet for two-story buildings. (4) Architectural Review: All development will be subject to objective architectural design standards and design criteria as follows:
a. Garage Conversion. If a garage is converted to a new unit, the garage door opening shall be replaced with exterior wall coverings or residential windows and doors to match the existing residence.
5 InterimUrgencyOrd. SB 9CCmtg1-24-22(klk)
b. Building Height. The building height for new residential units is limited to SVMC Section 9-30.060 and not to exceed the following:
i. 18 feet tall, maximum one-story when located closer than 10 feet to the side property line and 20 feet to the rear property line. ii. 30 feet tall and a maximum of two stories when located no closer than 10 feet from the side property line and 20 feet from the rear property line.

K. Authority for Subdivision Decisions: Properties eligible for development under the requirements of the Two-Unit Residential Development use are eligible for subdivision as a ministerial decision by the Environmental Services Director and the City Engineer.

L. Filing and Processing a Two-Unit Residential Tentative Parcel Map: In order to allow property owners to subdivide their parcel, the urgency ordinance establishes procedures for ministerial processing of a Two-Residential Tentative Parcel Map (Urban Lot Splits) allowed under SB 9. The recommended procedures would establish the maximum number of parcels and the minimum parcel size. The maximum number of parcels in a proposed subdivision would be no more than two, and a minimum parcel size of 1,200 square feet and no less than 40 percent of the original parcel size.

Findings to Adopt the Ordinance Extension

Pursuant to Government Code 65858 (b), an interim ordinance may be adopted by a four- fifths vote following notice pursuant to Section 65090 and a public hearing, in which case it shall be of no further force and effect 45 days from its date of adoption. After notice pursuant to Section 65090 and public hearing , the legislative body may , by a four-fifths vote, extend the interim ordinance for 22 months and 15 days.

Pursuant to Government Code 65858, the legislative body shall not adopt or extend any interim ordinance pursuant to this section unless the ordinance contains legislative findings that there is a current and immediate threat to the public health, safety, or welfare, and that the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in that threat to public health, safety, or welfare (described further below in this section).

In a ddition, t en days prior to the expiration of the existing interim ordinance or any extension, the legislative body shall issue a written report describing the measures taken to alleviate the condition, which led to the adoption of the ordinance. (Refer to Attachment B for this report).

Staff recommends the City Council adopt a n ew urgency ordinance (by a 4/5ths vote).

By adopting the proposed regulations, the City finds that it is urgently necessary pursuant to Civil Code Sections 65858, 36934 and 36937, to incorporate the new State laws as soon as possible, to establish objective design standards , and to establish rules and 6 InterimUrgencyOrd. SB 9CCmtg1-24-22(klk)
regulations for subdividing single-family residential properties in r esponse to SB 9. The ordinance will be in conformance with State of California Government Code Sections 66452.6, 65852.21, and 66411.7 and doing so is necessary for the immediate preservation of the public peace, safety and welfare. If not adopted urgently, the City’s quality of life and goals of the General Plan for livable, safe and cohesive neighborhoods would be negatively impacted with conflicting regulatory schemes, and inadequate standards to preserve development compatibility within neighborhoods. Therefore, the public’s peace, safety and welfare would not be protected by the inability to enforce lot coverage, setbacks, lot size, parking, building heights, building design, and other limitations as allowed by State law, unless these amendments are adopted urgently. The proposed interim rules and regulations implement the greatest regulatory preservation of development compatibility within neighborhoods and public peace, safety and welfare, as permitted by State law.

ENVIRONMENTAL REVIEW AND CEQA REQUIREMENTS
The proposed urgency ordinance extension is exempt from review under the California Environmental Quality Act (CEQA; California Public Resources Code Section 2100, et seq.) and CEQA regulations (Title 14, California Code of Regulations Section 15000, et seq.) pursuant to the express statutory authorization in Government Code Sections 65852.21(j) and 66411.7 (n) for implementation of SB 9. The proposed amendments are intended to implement SB 9 and are therefore exempt from CEQA. In addition, the proposed urgency ordinance is exempt under CEQA Guidelines Sect ion 15061(b)(3) , which states that: “A project is exempt from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” The proposed urgency ordinance provides objective zoning, subdivision, and design standards for the Two-Unit Residential Development Use type projects, and two-lot subdivisions, as required by State law. Therefore, the urgency ordinance would not have a significant effect on the environment and is exempt from further review under CEQA. A copy of the Notice of Exemption is provided as Attachment C.

The following alternatives are available to the City Council:

1. Adopt by 4/5ths vote, Urgency Ordinance No. 1335 (page 11) extending the rules and regulations contained in Ordinance 1331 regarding Two -Unit Residential Developments and standards for subdividing single-family residential properties in response to Senate Bill SB-9 for 22 months and 15 days, ending on December 17, 2023, and determine that the amendments are exempt from the California Environmental Quality Act;

2. Decline to adopt the extension of the urgency ordinance and allow the ordinance to lapse;

3. Provide staff with further direction.
7 InterimUrgencyOrd. SB 9CCmtg1-24-22(klk)
Staff recommends Alternative No. 1.

SUGGESTED CITY COUNCIL MOTION

I move to adopt Urgency Ordinance No. 1335 , declare the urgency thereof, waive full reading of the ordinance and read the urgency ordinance by title only, and determine that the ordinance is exempt from the California Environmental Quality Act.

SUMMARY

On September 16, 2021 , Governor Newsom signed new housing laws including SB 9, which became effective on January 1, 2022. This bill allow s property owners within single-family zones the ability to d evelop up to two residential units on a single lot (by adding either two new units or one new unit to one existing unit); and to ministerially subdivide a single-family lot into two lots and construct up to two units each per lot, subject to certain criteria being met. On December 20, 2021 the City Council adopted Ordinance No. 1331 as an urgency ordinance to adopt objective design standards and codify rules and regulations for subdividing single-family residential properties under SB 9. Pursuant to Government Code Section 65858, the urgency ordinance may be extended for up to 22 months and 15 days, to December 17, 2023, in order to provide for adequate time for staff to incorporate amendments to SB-9 that could potentially be signed into law by the Governor in 2022 and 2023 and complete additional research needed to refine the interim rules and finalize a permanent ordinance in response to SB 9. It is recommended that the City Council adopt by 4/5ths vote, Urgency Ordinance N o. 1335 extending the rules and regulations contained in Ordinance 1331 regarding Two- Unit Residential Developments and standards for subdividing single- family residential properties in response to Senate Bill SB-9 for 22 months and 15 days, ending on December 17, 2023, and determine that the amendments are exempt from the California Environmental Quality Act..

____________________________________
Stratis Perros
Environmental Services Director

Prepared by: Elizabeth Richardson, Associate Planner

INDEX Page

Public Hearing Procedure .....................................................................................9 Urgency Ordinance No. 1335 .............................................................................. 11 Attachment A – Ordinance No. 1331 ................................................................... 24 Attachment B – Report on measures taken during 45-day SB 9 period .............. 38 Attachment C – CEQA Notice of Exemption ....................................................... 39 Exhibit 1 – December 20, 2021 City Council Staff Report…………………………40 Exhibit 2 – December 20, 2021 City Council Supplemental Staff Report………..92 8 InterimUrgencyOrd. SB 9CCmtg1-24-22(klk)

PUBLIC HEARING PROCEDURE

HEARING DATE: January 24, 2022

Interim Urgency Ordinance Extension (Z-S-2021-0008)

1. MAYOR
: This is the time and place set for a public hearing to consdier adoption of an interim urgency ordinance (by a four-fifths vote) extending for up to an additional 22 months and 15 days rules and regulations for developing two- unit residential
developments, and subdividing single- family residential properties in response to state senate bill 9, declaring the urgency thereof, and making a determination that the
ordinance is exempt from the california environmental quality act;

May I have a reading of the urgency ordinance?

2. CLERK
: (Reads ordinances)

3. MAYOR
: Are there any ex parte communications to report?

4. ANY

COUNCIL
MEMBER: ( Report of communciations)

5. MAYOR
: May we have an oral report on this matter by staff?

6. STAFF
: (Report)

7. ANY

COUNCIL
MEMBER: (Questions of staff and staff response)

8. CHAIRMAN
: We will open the public testimony portion of the hearing.

9. CHAIRMAN
: Is there anyone in the Chamber wishing to be heard on this matter? Do any members of the public wish to make a public statement on zoom for this item and if so, please use the hand raise function on your computer or *9 on your phone, staff will un-mute you when it is your turn.

10. AUDIENCE
: (Comments)
9 InterimUrgencyOrd. SB 9CCmtg1-24-22(klk)

11. MAYOR: Are there any comments from staff regarding statements made during the public hearing? (Check with Environmental Services Director, staff presenter, and staff members in the audience.)

12. MAYOR
: The hearing is closed. Are there any comments or questions from members of the City Council? (Note: If the City Council has any further question of staff at this time, the Public Hearing may need to be re-opened).

13. ANY

COUNCIL
MEMBER: (Comments)

14. MAYOR
: The Chair will now entertain a motion.

15. ANY

CITY

COUNCIL
MEMBER: City Council Actions (by motion of any Council Member):

Adopt, modify, or not adopt Ordinance No. 1335
(requires a second and 4/5ths vote);

16. ANY
CITY

COUNCIL
MEMBER: S econd.

17. MAYOR: ( Call for vote)

18. MAYOR
: Proceed to the next item.

10 InterimUrgencyOrd. SB 9CCmtg1-24-22(klk)
ORDINANCE NO. 1335

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SIMI VALLEY EXTENDING FOR UP TO AN ADDITIONAL
22 MONTHS AND 15 DAYS RULES AND REGULATIONS FOR

DEVELOPING TWO-UNIT RESIDENTIAL DEVELOPMENTS, AND

FOR SUBDIVIDING SINGLE -FAMILY RESIDENTIAL
PROPERTIES IN RESPONSE TO STATE SENATE BILL 9 ,

DECLARING THE URGENCY THEREOF, AND MAKING A

DETERMINATION THAT THE ORDINANCE IS EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

WHEREAS, on September 16, 2021 Governor Gavin Newsom signed new housing laws including Senate Bill 9 (SB 9), which requires ministerial processing and approval of proposed housing developments containing two dwelling units per lot and the subdivision of one lot into two parcels, within single- family zones; this bill bec ame effective on January 1, 2022; and

WHEREAS, on October 6, 2021, the Planning Commission received a presentation on the new housing laws including SB 9 and on October 25, 2021, the City Council received a similar presentation; and

WHEREAS, following the presentation to the City Council on October 25, 2021, the City Council directed the Department of Environmental Services to prepare amendments to Title 9 of the Simi Valley Municipal Code to establish objective design standards and rules and regulations for developing two- unit residential and subdividing single-family residential properties in single-family zones as required by SB 9, in order to protect the character of the City’s well established single-family neighborhoods; and

WHEREAS, the City studied and formulated permanent regulations for the implementation of SB 9 projects in the City, but was not able to complete that exercise prior to January 1, 2022, when SB 9 became effective. Without establishing appropriate regulations, SB 9 projects have the potential to impact the health, safety, and welfare of residents in the City, and particularly on the character of single- family residential neighborhoods, the rural quality of the community, vehicular and pedestrian safety, and on-street parking demand. Due to the potential lengthy process of developing regulations for lot split s and new units built on these lots, the City Council found there was an immediate need to establish objective zoning and subdivision standards for SB 9 projects; and
WHEREAS, on December 20, 2021 the City Council adopted Urgency Ordinance No. 1331 to revise portions of Title 9 in the Simi Valley Municipal Code, to establish objective design standards for developing two- unit residential developments and establish rules and regulations for subdividing single- family residential properties in response to SB 9 for a period of 45 days. The 45- day Urgency Ordinance No. 1331 expires on February 2, 2022, unless it is extended by the City Council in accordance with Government Code Section 65858; and
11 ORD. NO. 1335

InterimUrgencyOrd. SB 9CCmtg1-24-22(klk)
WHEREAS, on January 24, 2022, a report was issued pursuant to Government Code Section 65858(d) discussing the measures taken to alleviate the condition that led to the adoption of the interim ordinance, and steps taken to continue establishing objective design standards for developing two-unit residential developments and establish rules and regulations for subdividing single- family residential properties in response to SB 9; and

WHEREAS, the City Council has the power under Government Code Sections 65858, to extend the urgency ordinance a maximum of 22 months and 15 days to December 17, 2023 , if it is an ordinance for the immediate preservation of the public peace, health or safety, contains a declaration of the facts constituting the urgency, and is passed by a four-fifths vote of the City Council; and

WHEREAS, the City finds it necessary for the City Council to extend this Urgency Ordinance to December 17, 2023, pursuant to the powers under Government Code Section 65858, to immediately address changes to State law in SB 9 (Chapter 162), that act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411.7 to, the Government Code. These Government Code Sections establish objective design standards and rules and regulations for ministerially approving the development of up to two residential units and the subdivision of single -family residential properties while addressing peace, health and safety issues related to the effective regulations for SB 9 requests, and ensuring continued neighborhood compatibility, and avoiding any statutory conflicts; and

WHEREAS, the proposed amendments to the Simi Valley Development Code will support the objectives and policies of the Housing Element of the City’s General Plan; and

WHEREAS, this extended Urgency Ordinance is exempt from review under the California Environmental Quality Act (CEQA; California Public Resources Code Section 2100, et seq.) and CEQA regulations (Title 14, California Code of Regulations Section 15000, et seq.) pursuant to Government Code Sections 65852.21(j) and 66411.7(n) as ordinances intended to implement SB 9. In addition, the proposed amendments are exempt under CEQA Section 15061(b)(3) as the amendments are covered by the common sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES ORDAIN AS FOLLOWS:

SECTION 1
. The findings in the City Council Staff Reports dated January 24, 2022 and December 20, 2021, and the recitals set forth above are hereby adopted as findings.

SECTION 2. Definitions. For the purposes of this ordinance, certain words and phrases are defined as follows:

1. Senate Bill 9 (SB 9) means a State law passed by the California state senate and approved by the Governor on September 16, 2021. The 12 ORD. NO. 1335

InterimUrgencyOrd. SB 9CCmtg1-24-22(klk)
bill amends Government Code section 66452.6 and adds
Government Code sections 65852.21 and 66411.7.

2. Senate Bill 9 (SB 9) Development Project means a development with no more than two residential units located on a single original lot in a single-family residential zone. The residential units may be located in a single building that contains two residential units (also known as a duplex) or in two detached buildings. For purposes of this ordinance, SB 9 Development Project shall have the same definition as Two-Unit Residential Development.

3. Urban lot split means a parcel map subdivision permitted pursuant to SB 9 that creates no more than two parcels of approximately equal lot area. For purposes of this ordinance, urban lot split has the same definition as Two-Unit Residential Tentative Parcel Map.

SECTION 4
. Applicability. Notwithstanding any other provision of the City’s Development Code, the provisions of this ordinance shall apply to SB 9 development projects and urban lot splits that are proposed pursuant to the regulations in SB 9. Except as expressly provided in SB 9 or in this interim ordinance, all other regulations of the underlying zone of a property developed pursuant to SB 9 shall apply, along with all other applicable regulations from the City’s Development Code, so long as such regulations are
not preempted by State law.

In addition, without
appropriate standards and procedural regulations, there may be confusion about how SB 9 will be implemented and the scope of development that will be allowed. Therefore, under the authority of Government Code Section 65858, the City Council seeks to establish interim objective standards to protect the public health, safety, and welfare, while the City studies permanent standards for SB 9 development projects and urban lot splits.

SECTION 6
. Effective Date. This Ordinance is adopted as an extended Urgency Ordinance for the immediate preservation of the public peace, health and safety pursuant 13 ORD. NO. 1335

InterimUrgencyOrd. SB 9CCmtg1-24-22(klk)
to Government Code Section 65858, and therefore become effective immediately, upon the expiration of Ordinance No. 1331, and upon its adoption by a minimum 4/5 vote of the City Council and shall continue in effect for a period of no longer than 22 months and 15 days, expiring on December 17, 2023. The extended Urgency Ordinance is will allow staff to prepare a permanent ordinance that will be presented noticed public hearing for final adoption.

SECTION 7. Uncodified. This Urgency Ordinance shall not be codified.

SECTION 8 . Severability. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Urgency Ordinance for any reason be held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Urgency Ordinance. The City Council hereby declares that it would have adopted this Urgency Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 9
. The City Clerk shall cause this ordinance or a summary hereof to be published in a newspaper of general circulation, published in the County of Ventura and circulated in the City, and if applicable, to be posted, in accordance with Section 36933 of the California Government Code; shall certify to the adoption of this ordinance and shall cause a certified copy of this ordinance, together with proof of publication, to be filed in the Office of the Clerk of this City.

SECTION 10. This ordinance shall go into effect and be in full force and effect immediately, upon the expiration of Ordinance No. 1331, and after its passage.

PASSED and ADOPTED this 24th day of January 2022.

Attest:

Lucy Blanco, City Clerk Keith L. Mashburn, Mayor of the City of Simi Valley, California

Approved as to Form: Approved as to Content:

_________________________________ ______________________________ David L. Caceres, City Attorney Brian Paul Gabler, City Manager

______________________________
Stratis Perros
Environmental Services Director
14 ORD. NO. 1335

InterimUrgencyOrd. SB 9CCmtg1-24-22(klk)

EXHIBIT A

Part 1
Subject to the standards and regulations in this urgency ordinance, Urban Lot Splits and Two-Unit Residential Developments shall be an allowed use in the OS, RE, RVL, RL, RM, and RPD zones.

Part 2
Two-Unit Residential Development
A. Purpose. The intent and purpose of this Section is to provide development and objective standards for Two-Unit Residential Developments as required by State law (SB 9).

B. Applicability. Pursuant to California Government Code Sections 66452.6, 65852.21 and 66411.7, as enacted by SB 9, the division of land and provisions for Two-Unit Residential Development in the OS, RE, RVL, RL, RM, and RPD zones, shall be subject to the standards set forth in this ordinance.

C. Authority. Requests for a Two -Unit Residential Development that comply with the requirements of this section shall be approved by the Deputy Environmental Services Director/City Planner with a Supplemental Zoning Clearance.

D. Qualifying Two -Unit Residential Developments. Qualifying Two-Unit Residential Developments are as defined in Government Code Section 65852.21. The reductions and exceptions in this section apply only to Two-Unit Residential Development in the OS, RE, RVL, RL, RM, and RPD zones, and any development on a lot or subdivided lot approved as an urban lot split.

E. Prohibited Development. Two-Unit Residential Development as described in this section shall be prohibited in the following locations and circumstances, pursuant to state law and as further specified below:

1. Rental Units. Two-Unit Residential Development shall not require the demolition or alteration of any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
b. Housing that has been occupied by a tenant in the last three years.

InterimUrgencyOrd. SB 9CCmtg1-24-22(klk)
of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

3. Demolition. No more than 25% of the exterior walls of the existing structure may be demolished unless the site has not been occupied by a tenant in the last 3 years.

4. Substantial Redevelopment. Two-Unit Residential Development shall not include the substantial redevelopment of existing buildings, unless the replacement building conforms to current development standards in the zoning district, or the replacement of a nonconforming structure is reconstructed in the same location and with the same dimensions and floor area as the existing building in accordance with Simi Valley Municipal Code (SVMC) 9-72.040 (B)(1).

5. High Fire Hazard Areas. Two-Unit Residential Development shall not be permitted within the Very High Fire Hazard Zones, unless proposed buildings are designed to meet the high fire construction standards adopted or enforced by the City, as determined by the Building Official, the Ventura County Fire District, or the State Fire Marshall, including, but not limited to, any requirement for fire sprinklers. No variance or modification to any Building or Fire Code requirements or high fire construction standards shall be permitted.

6. Restricted Areas. Two-Unit Residential Development shall not be permitted within the Alquist -Priolo Earthquake Fault Zone, 100 year flood zone, or the Habitat Connectivity and Wildlife Corridor unless proper mitigations are approved by the Building Official, Environmental Services Director (Habitat Connectivity and Wildlife Corridor), Public Works Director (100 year flood zone), or related agencies.

7. Historic Resources. Two-Unit Residential Development shall not be permitted on a lot with a designation as a historic property, or is a property included on the State Historic Resources Inventory, County Landmark or Structure of Merit on the Ventura County Historical Landmarks and Points of Interest or listed in the General Plan.

F. Number of Residential Units Allowed. The new units in a Two-Unit Residential Development may be permitted in the following configurations, provided that no more than two attached or detached residential units are in any one building on a lot. No more than four units shall be allowed on the original single-family lot. For the purpose of this section, “unit” means any dwelling unit, including, but not limited to, additional residential unit, primary residential unit, accessory dwelling unit (ADU), or junior accessory dwelling unit (JADU). The allowed configurations are as follows:

1. One new unit incorporated entirely within an existing residential unit.

2. One new unit incorporated entirely within an existing accessory building, including garages.

3. One new unit attached to, and increasing the size of, an existing residential unit or an existing accessory building.
16 ORD. NO. 1335

InterimUrgencyOrd. SB 9CCmtg1-24-22(klk)

4. One new unit detached from and located on the same lot as an existing unit. A unit that is attached to another detached accessory building, but not another residential unit, or is attached by a breezeway or porch, is considered detached.

5. Two newly constructed attached units (duplex) or two detached residential units on a vacant lot.

6. A Two-Unit Residential Development in any of the configurations described above may be added to a newly created lot concurrently with an approval for an urban lot split; however, the provisions the provisions allowing an urban lot split shall not be used to permit more than two units on a lot.

7. If the property has an ADU or JADU constructed prior to January 1, 2022, they may be located on a property with a proposed Two-Unit Residential Development; however, a lot split would be prohibited in that instance.

G. Accessory Dwelling Units. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) may be permitted concurrently or subsequently to a two-u nit residential project. However, parcels subdivided as an urban lot split are not permitted to have an ADU or JADU in addition to the Two-Unit Residential Development . No more than four units are allowed on the original single-family parcel. ADUs and JADUs may only be added to Two-Unit Residential projects in the following configurations:

1. A property developed with one (1) single- family residence can add one (1) Two- Unit Residential Development unit plus an ADU and JADU to the property.

Maximum of four (4) units.

2. A property developed with one (1) single-family residence, ADU and/or JADU can add one (1) SB 9 unit. Maximum of four (4) units.

3. A property developed with one (1) single-family residence can split the lot and add one (1) SB 9 unit to the lot with the residence. On the new lot they can construct two (2) new SB 9 units. No new ADU/JADU is allowed on either lot. Maximum of four (4) units between the two (2) lots.

4. A property developed with one (1) single-family residence, a detached ADU and/or JADU may split the lot using SB 9 if the detached ADU can be configured on the second lot. On the new lot, one (1) new SB 9 unit may be constructed. No new ADU or JADU is allowed on either lot. No new units may be constructed on the lot with the existing residence, ADU and/or JADU. Maximum of four (4) units between the two (2) lots.

H. Accessory Structures Allowed. Residential accessory buildings, such as garages that are not attached to the new residential unit may be permitted concurrently or subsequently to a Two-Unit Residential Development project, pursuant to SVMC Section 9-30.080 Setback and Separation Requirements. The maximum accessory building floor area shall apply to the original parcel, and not per residential unit. The cumulative square footage of all structures shall not cover more than 40% of any yard as defined in Section 9- 80.020 of the SVMC. Structures shall include all residences, accessory buildings, sheds, gazebos, or other permitted structures. 17 ORD. NO. 1335

InterimUrgencyOrd. SB 9CCmtg1-24-22(klk)
I. Nonconforming Development. OS, RE, RVL, RL, RM, and RPD zoned lots already developed with two or more existing residential units, shall not use the provisions of this section to add floor area or residential units, or make any other alterations to the buildings or site otherwise prohibited by this ordinance, unless the development complies with all of the standards of this ordinance.

J. Rental Terms. Each unit may be rented separately, however rental terms shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one 31-day period occupancy by the same tenant.

K. Property Ownership. Two-Unit Residential Development requires a property owner to occupy one unit as their primary residence for a minimum of three years.

L. Tree Removal. If a property applies for subdivision under Two- Unit Residential Development regulations and contains a protected tree as defined in the Zoning Code, a tree report must be submitted and the regulations of Chapter 9- 38 Tree Preservation, Cutting and Removal must be followed.

M. Outdoor Lighting. All outdoor lighting shall comply with the objective standards in the City’s outdoor lighting ordinance (SMVC Chapter 9-30.040).

N. Undergrounding of Utilities. Existing onsite overhead utility lines shall be installed underground in compliance with SVMC Section 9-30.080.

O. Landscape Plans. A complete landscaping and irrigation plan pursuant to the City’s published design guidelines shall be submitted to and approved by the Environmental Services Division prior to the issuance of Zoning Clearance for a Two-Unit Residential Development. All landscape plans shall comply with the following front yard landscaping requirements in 9- 33.030 (Landscape Requirements ) and 9- 33.040 (Maintenance Requirements).

P. Access to a Public Street. Every main building shall face or have frontage upon a public street or permanent means of access to a public street, using at least one of the methods described below. Pedestrian pathways and driveways are to comply with the requirements below:

1. Vehicular Access. When an urban lot split is done under the provisions of this code, automobile parking is required. Vehicular access to a public street or alley shall be provided by a paved driveway that complies with the minimum width, slope, materials, and other standards consistent with Public Works Municipal Code Title 7, Chapter 1, Encroachments and Zoning Code Section 9-34 Parking and Loading Standards.

2. Landscape Buffer. Driveways adjacent to onsite buildings must be separated from building walls by a planting area with a minimum inside width of three feet. The same buffer, or a fence or hedge, shall be provided where parking areas, turnarounds, or driveways abut an adjacent residential property.

3. Pedestrian Access. When a lot is not split under the provisions of this code, pedestrian access to a public street or alley shall be provided with an exterior 18 ORD. NO. 1335

InterimUrgencyOrd. SB 9CCmtg1-24-22(klk)
pedestrian pathway from the primary entrances of each unit to the adjoining sidewalk, street, or alley. The pedestrian pathway shall be unobstructed, clear to the sky, and meet the following standards:
a. Minimum Width: Pedestrian pathways serving one or two units: 3 feet wide. b. Maximum Length: Pedestrian pathways shall not be more than 200 feet in length.
c. Slope: Running grade shall not exceed 5% and cross slope shall not exceed 1:50.
d. Materials: Minimum 4 -inch-thick concrete, or concrete or brick pavers placed hand tight or mortared, on compacted subgrade or aggregate base, or other techniques or materials providing equivalent service. Gravel, mulch, dirt, stepping stones, or other similar loose materials that do not create a continuous passage are prohibited.
e. Lighting. Pedestrian pathways more than 100 feet in length, shall provide lighting at intervals not to exceed 50 feet.
f. Addressing. All addresses for residential lots using a shared driveway, must be displayed, for emergency responders, at their closest point of access to a public street and must comply with SVMC Section 8-21.17.

Q. Parking. One off -street automobile parking space, which shall be covered in an enclosed garage, is required for each unit in a Two -Unit Residential Development , except as exempted below.

1. Replacement Parking Required. When an existing garage, carport, or other covered parking structure is converted or demolished in order to construct a new unit, at least one replacement parking space, which shall be covered, must be provided for each unit, unless the project is exempt from parking.

2. Tandem Parking. Tandem parking inside a garage is allowed.

3. Location. Required parking must be on the same lot as the residential unit served.

All driveways must meet the minimum dimensions, location, and development standards consistent with the California Fire Code, and SVMC Section 9-34.090.B Design Requirements. Minimum driveway width to the rear property shall be 9 feet wide.

InterimUrgencyOrd. SB 9CCmtg1-24-22(klk)
b. If there is a car share vehicle located within one block of the parcel.

R. Hillside Subdivision Requirements. Lot splits proposed on properties that are located on slopes 20 percent or greater, are subject to the Chapter 9- 32 - Hillside Performance Standards.

S. Tentative Parcel Map. For all lots subdividing using this code section, an application for a Tentative Parcel Map shall be submitted in accordance with Chapter 9- 61 Tentative Map Filing and Processing.

1. Building Permit Required. Two -Unit Residential Development shall comply with applicable state and local building codes and shall require approval of a building permit. The City shall ministerially approve or disapprove a complete building permit application for a Two-Unit Residential Development in compliance with state law and this section.

2. Basis for Denial. A two -unit housing development may be denied if the Building Official finds that the proposed development project would have a specific, adverse impact upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

3. Recorded Agreement. Before obtaining a building permit for a Two-Unit Residential Development, the property owner shall execute an agreement in a form acceptable to the City Attorney, containing a reference to the deed under which the property was acquired by the present owner which outlines any limitations on rental terms of a Two -Unit Residential Development, any limitations with respect to owner occupancy that may be imposed in accordance with state law, and any limitations on further lot splits that may be imposed in accordance with state law.

T. Objective Development Standards. Except as otherwise specified in this section, Two-Unit Residential Development shall comply with the objective development standards applicable to a principle or primary residential use on a lot for the housing type and base zone in which the lot is located, as follows:

1. Exceptions: The reductions and exceptions to the development standards normally applicable to residential development allowed in this section are for the express purpose of promoting the development and maintenance of more than one dwelling unit on the lot as required by S tate law (SB 9) . If for any reason the development is not maintained on the lot in conformance with this ordinance, the lot shall be brought into compliance with all of the requirements for the residential development, or with the legal nonconforming condition of the lot prior to the development of the Two -Unit Residential Development, including, but not limited to, the requirements for open yard, setbacks, and covered parking.

2. Waivers and Variances not Allowed: A two-unit residential project may not include a request for an exception to any objective standards by applying for a variance, modification, exception, waiver, or other discretionary approval for height, density, setbacks, open yard, land use, or similar design or development standard. 20 ORD. NO. 1335

InterimUrgencyOrd. SB 9CCmtg1-24-22(klk)

3. Maximum Floor Area and Unit Size. The maximum allowable floor area shall apply to the lot as a whole, and not per residential unit. Notwithstanding the foregoing requirement, the maximum unit size is as follows:
a. One New Attached Unit. A new unit that is attached to, and increasing the size of, an existing residential unit shall not exceed 50% of the living area of the existing residential unit, provided that each unit is a maximum of 800 square feet.
b. One Converted Unit. A new unit that is incorporated entirely within an existing residential unit, or within an existing accessory building, is not limited in size except that it shall not exceed the footprint of the existing structure, unless the new unit is under 800 square feet, then the existing residential unit can be increased to a maximum of 800 square feet.
c. New Detached Units or New Duplex. Any newly constructed unit that is detached from another unit and which may or may not be attached to a garage or other accessory building, or when two newly constructed attached units (duplex) are proposed, each unit shall not exceed the following maximum unit size:
(1) Lots up to 5,000 square feet: 800 square feet maximum. (2) Lots 5,001 to 8,000 square feet: 1,000 square feet maximum. (3) Lots 8,001 to 10.000 square feet or larger: 1,200 square feet maximum.

4. Building Separation. Unless attached to and made a part of the primary residential unit pursuant to Section 9- 30.080, Setback and Separation Requirements and Exceptions, no detached primary residential unit shall be closer than 10 feet, if single story, and 20 feet, if two sto ry, to any other primary residential unit located on a separate lot; and no detached accessory building shall be closer than 6 feet to any other main or accessory building on the same lot.

InterimUrgencyOrd. SB 9CCmtg1-24-22(klk)
c. Substantial Redevelopment. No additional setback is required when an existing main or accessory building is substantially redeveloped and converted to a Two-Unit Residential Development, provided that the new building is reconstructed in the same location and with the same dimensions and floor area as the existing building and complies with all other requirements of state law.
d. Flag Lots. Setbacks for flag lots shall be measured in accordance with SVMC Section, 9-30.080 (C)(5).
e. Architectural Features and Accessory Structures . Setbacks for architectural features and accessory structures shall comply with SVMC Section 9-30.080.D Table 3-2.
f. For all other setbacks refer to Municipal Code Chapter 9-24.

6. Architectural Review . All developments shall be subject to the following architectural design criteria, or any other adopted objective design standards in effect at the time a complete application is submitted, as applicable to either new construction or exterior alterations, which shall be reviewed ministerially by the Environmental Services Director.
a. Garage Conversion. If a garage is converted to a new unit, the garage door opening shall be replaced with exterior wall coverings, or residential windows and doors, to match the existing residence.
b. Building Height. The construction of a new residential unit shall be limited in accordance with Section 9-30.060, Height Limits and Exceptions, and shall not exceed the following, whichever is greater:
(1) 18 feet and a maximum of one story when located closer than 10 feet to the side property line and 20 feet to the rear property line; or (2) 30 feet and a maximum of 2 stories when located 10 feet from the side property line and 20 feet from the rear property line; or c. Screening. All new utility equipment shall be installed in compliance with Section 9-30.030.A.2, Screening of Mechanical Equipment . d. Fences and Walls. Refer to 9-30.050.

Part 3
Filing and Processing of a Two-Unit Residential Tentative Parcel Map A. Eligibility. A lot in a single-family residential zone shall be eligible for an urban lot split if it meets the following:

1. The parcel was not previously split under the provisions of this ordiance or SB 9; 22 ORD. NO. 1335

InterimUrgencyOrd. SB 9CCmtg1-24-22(klk)

2. The parcel map subdivides an existing parcel to create no more than 2 new parcels in a single-family residential zone; and

3. The minimum lot size of the resulting lots must be 1,200 square feet. No parcel created by this process may be less than 40% of the original lot size.

4. Owner Occupancy. Owner must occupy one of the unit s as primary residence for a minimum of 3 years from approval of final map for the urban lot split.

B. Approval Process

1. The City shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review;

2. The City shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section;

3. The City shall not impose regulations that require dedications of rights -of-way or the construction of off -site improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split;

4. The City may require conditions when considering an application for a parcel map for an urban lot split;
a. Easements required for public services and facilities, and b. Easements required for access to the public right of way for vehicles, pedestrians or public utilities.

5. The City shall require an applicant for an urban lot split to sign an affidavit stating that they intend to comply with the owner occupancy requirement stated in this urgency ordinance.

23 ATTACHMENT A
ORDINANCE NO. 1331

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SIMI VALLEY TO ESTABLISH OBJECTIVE DESIGN

STANDARDS FOR DEVELOPING TWO -UNIT RESIDENTIAL

DEVELOPMENTS, AND ESTABLISH RULES AND

REGULATIONS FOR SUBDIVIDING SINGLE -FAMILY

RESIDENTIAL PROPERTIES IN RESPONSE TO STATE SENATE
BILL 9, DECLARING THE URGENCY THEREOF, AND MAKING

A DETERMINATION THAT THE ORDINANCE IS EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, on September 16, 2021 Governor Gavin Newsom signed new housing laws including Senate Bill 9 (SB 9), which requires ministerial processing and approval of proposed housing developments containing two dwelling units per lot and the subdivision of on e lot into two parcels, within single -family zones; which will become effective on January 1, 2022; and
WHEREAS, on October 6, 2021 , the Planning Commission received a presentation on the new housing laws including SB 9 and on October 25, 2021, the City Council received a similar presentation; and
WHEREAS, following the presentation to the City Council October 25, 2021, the City Council directed the Department of Environmental Services to prepare amendments to Title 9 of the Simi Valley Municipal Code to establish objective design standards and rules and regulations for developing two-unit residential and subdividing single-family residential properties in single-family zones allowed under SB 9, in order to protect the character of the City’s well established single-family neighborhoods; and WHEREAS, the City is in the process of studying and formulating permanent regulations for the implementation of SB 9 projects in the City, but will not be able to complete that exercise prior to January 1, 2022, when SB 9 will become effective.

This process may be lengthy and because of the further increase of split lots and new units built on these lots, the City Council wishes to adopt an interim ordinance that will take effect immediately and establish the parameters for the development of units constructed under SB 9 and the division of lots under SB 9 while permanent standards are studied and formulated; and
WHEREAS, without establishing appropriate regulations, SB 9 projects have the potential to impact the health, safety, and welfare of residents in the City, and particularly on the character of single family residential neighborhoods, the rural quality of the community, vehicular and pedestrian safety, and on -street parking demand. In addition, without appropriate standa rds and procedural regulations, there may be confusion about how SB 9 will be implemented and the scope of development that will be allowed. As such, the City Council finds that there is an immediate need to establish objective zoning and subdivision standards for SB 9 projects to protect the public health, safety, and welfare while it studies permanent land use regulations for such projects and 24 ORD. NO. 1331
to ensure SB 9 projects do not have a detrimental impact on single family residential neighborhoods within the Ci ty while permanent regulations are being studied. This process may be lengthy and therefore the City Council wishes to adopt an interim ordinance that will take effect immediately to ensure that the health, safety and welfare is not impacted by SB 9 projects while permanent regulations are studied, formulated, and adopted; and
WHEREAS, this urgency ordinance is exempt from review under the California Environmental Quality Act (CEQA; California Public Resources Code Section 2100, et seq.) and CEQA regulati ons (Title 14, California Code of Regulations Section 15000, et seq.) pursuant to Government Code Sections 65852.21(j) and 66411.7(n) as ordinances intended to implement SB 9. In addition, the proposed amendments are exempt under CEQA Section 15061(b)(3) a s the amendments are covered by the common sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES ORDAIN AS FOLLOWS:

SECTION 1. The findings in the Planning Commission staff report dated December 15, 2021, and the recitals set forth above are hereby adopted as findings.

SECTION 2. Definitions. For the purposes of th is ordinance, certain words and phrases are defined as follows:

1. Senate Bill 9 (SB 9) means a state law passed by the California state senate and approved by the Governor on September 16, 2021. The bill amends Government Code section 66452.6 and adds
Government Code sections 65852.21 and 66411.7.

SECTION 3. Notwithstanding any other ordinance or provision of the Simi Valley Municipal Code, SB 9 development projects and urban lot splits are prohibited unless the project complies with the requirements outlined in this ordinance and the provisions in Exhibit A to this ordinance.
2 25
ORD. NO. 1331
SECTION 4. Applicability. Notwithstanding any other provision of the City’s Development Code, the provisions of this ordinance shall apply to SB 9 development projects and urban lot splits that are proposed pursuant to the regulations in SB 9. Except as expressly provided in SB 9 or in this interim ordinance, all other regulations of the underlying zone of a property developed pursuant to SB 9 shall apply, along with all other applicable regulations from the City’s Development Code, so long as such regulations are not preempted by State law.

SECTION 5. Authority. Pursuant to Government Code Section 65858, the City Council may, to protect the public safety, health, and welfare, adopt, as an urgency measure, an interim ordinance that prohibits certain developments that may be in conflict with a contemplated zoning proposal that the City Council is considering, studying or intends to study within a reasonable period of time. The City Council finds and determines that there is a potential for an immediate threat to public health, safety, and welfare from SB 9 develop ment projects that do not conform with certain objective standards established by the City because of the potential of SB 9 development projects to have a detrimental impact on single family residential neighborhoods in the City, as mentioned in the foregoing recitals, which are incorporated herein by reference. In addition, without appropriate standards and procedural regulations, there may be confusion about how SB 9 will be implemented and the scope of de velopment that will be allowed. Therefore, under the authority of Government Code Section 65858, the City Council seeks to establish interim objective standards to protect the public health, safety, and welfare, while the City studies permanent standards for SB 9 development projects and urban lot splits.

SECTION 6. Effective Date. This Ordinance is adopted as an urgency ordinance for the immediate preservation of the public peace, health and safety pursuant to Government Code Section 65858, and therefore become effective immediately upon its adoption by a minimum 4/5 vote of the City Council and shall continue in effect for a period of no longer than forty -five (45) days. After notice pursuant to Section 65090 of the California Government Code and public hearing, the City Council may extend the effectiveness of this Interim Ordinance as provided in Government Code Section 65858.

SECTION 7. Uncodified. This Urgency Ordinance shall not be codified.

SECTION 8. Severability. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Urgency Ordinance for any reason be held invalid or unconstitutional by the decision of any court of competent jurisdiction, such deci sion shall not affect the validity of the remaining portions of this Urgency Ordinance. The City Council hereby declares that it would have adopted this Urgency Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion there of, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 9. The City Clerk shall cause this ordinance or a summary hereof to be published in a newspaper of general circulation, published in the County of Ventura and 3 26
ORD. NO. 1331
circulated in the City, and if applicable, to be posted, in accordance with Section 36933 of the California Government Code; shall certify to the adoption of this ordinance and shall cause a certified copy of this ordinance, together with proof of publication, to be filed in the Office of the Clerk of this City.

SECTION 10. This ordinance shall go into effect and be in full force and effect immediately after its passage.

PASSED and ADOPTED this 20th day of December 2021.

Attest:
__
Lucy Blanco, City Clerk Keith L. Mashburn, Mayor of the City of Simi Valley, California
Approved as to Form: Approved as to Content:
_________________________________ ______________________________ David L. Caceres, City Attorney Brian Paul Gabler, City Manager ______________________________
Stratis Perros
Environmental Services Director
4 27
ORD. NO.
1331

CERTIFICATION
I, Ci
ty Clerk of the City of Simi Valley, California, do hereby certify that the foregoing is a full, true, and correct copy of Urgency Ordinance No. 1331 which was adopted by the City Council of the City of Simi Valley, California, at a regular meeting thereof held on the 20th day of December 2021 by the following vote of the City Council:

AYES: Counc
il Members Litster, Luevanos, Judge, Mayor Pro Tem
Cavanaugh and Mayor Mashburn
NAYS: None

ABSENT: N
one

ABSTAINED
: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Simi Valley, California, dated _______________.

Lucy Blanco
City Clerk
5 28
ORD. NO. 1331

EXHIBIT A

Part 1
Subject to the standards and regulations in this urgency ordinance, Urban Lot Splits and Two-Unit Residential Developments shall be an allowed use in the OS, RE, RVL, RL, RM, and RPD zones. Part 2
Two-Unit Residential Development
A. Purpose. The intent and purpose of this Section is to provide development and objective standards for Two-Unit Residential Developments as required by State law (SB 9).

C. Authority. Requests for a Two-Unit Residential Development that comply with the requirements of this section shall be approved by the Deputy Environmental Services Director/City Planner with a Supplemental Zoning Clearance.

D. Qualifying Two -Unit Residential Developments . Qualifying Two-Unit R esidential Developments are as defined in Government Code Section 65852.21. The reductions and exceptions in this section apply only to Two-Unit Residential Development in the OS, RE, RVL, RL, RM, and RPD zones, and any development on a lot or subdivided lot approved as an urban lot split.

2. Prior Removal of Rental Units. Two Unit Residential Development shall not occur on a parcel on which an owner of residential real property has exerc ised the owner’s right under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. 6 29
ORD. NO. 1331

3. Demolition. No more than 25% of the exterior walls of the existing structure may be demolished unless the site has not been occupied by a tenant in the last 3 years.

4. Substantial Redevelopment. Two-Unit Residential Development shall not include the substantial redevelopment of exi sting buildings, unless the replacement building conforms to current development standards in the zoning district, or the replacement of a nonconforming structure is reconstructed in the same location and with the same dimensions and floor area as the existing building in accordance with Simi Valley Municipal Code (SVMC) 9-72.040(B)(1).

5. High Fire Hazard Areas. Two-Unit Residential Development shall not be permitted within the Very High Fire Hazard Zones, unless proposed buildings are designed to meet the high fire construction standards adopted or enforced by the City, as determined by the Building Official, the Ventura County Fire District, o r the State Fire Marshall, including, but not limited to, any requirement for fire sprinklers. No variance or modification to any Building or Fire Code requirements or high fire construction standards shall be permitted.

6. Restricted Areas. Two-Unit Residential Development shall not be permitted within the Alquist -Priolo Earthquake Fault Zone, 100 year flood zone, or the Habitat Connectivity and Wildlife Corridor unless proper mitigations are approved by the Building Official (Alquist-Priolo Earthquake Fault Zone), Environmental Services Director (Habitat Connectivity and Wildlife Corridor) , Public Works Director (100 year flood zone).

7. Historic Resources. Two-Unit Residential Development shall not be permitted on a lot that has a designation as a historic pro perty, or that is included on the State Historic Resources Inventory, County Landmark or Structure of Merit on the Ventura County Historical Landmarks and Points of Interest or listed in the General Plan.

F. Number of Residential Units Allowed . The units in a Two-Unit Residential Development may be permitted in the following configurations, provided that no more than two attached or detached residential units are in any one building on a lot. No more than four units shall be allowed on the original single-family lot. For the purpose of this section, “unit” means any dwelling unit, including, but not limited to, additional residential unit, primary residential unit, accessory dwelling unit (ADU), or junior accessory dwelling unit (JADU). The allowed configurations are as follows:

1. One new unit incorporated entirely within an existing residential unit.

2. One new unit incorporated entirely within an existing accessory building, including garages.

3. One new unit attached to, and increasing the size of, an existing residential unit or an existing accessory building.
7 30
ORD. NO. 1331

5. Two newly constructed attached units (duplex) or two detached residential units on a vacant lot.

6. A Two-Unit Residential Development in any of the configurations described above may be added to a newly created lot concurrently with an approval for an urban lot split; however, the provisions allowing an urban lot split shall not be used to permit more than two units on a lot.

7. If the pr operty has an ADU or JADU constructed prior to January 1, 2022 , they may be located on a property with a proposed Two-Unit Residential Development; however, a lot split would be prohibited in that instance.

G. Accessory Dwelling Units. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) may be permitted concurrently or subsequently to a two -unit residential project. However, parcels subdivided as an urban lot split are not permitted to have an ADU or JADU in addit ion to the Two-Unit Residential Development . No more than four units are allowed on the original single-family parcel. ADUs and JADUs may only be added to Two-Unit Residential projects in the following configurations:

1. A property developed with one (1) sin gle-family residence can add one (1) Two- Unit Residential Development unit plus an ADU and JADU to the property.

Maximum of four (4) units.

2. A property developed with one (1) single-family residence, ADU and/or JADU can add one (1) SB 9 unit. Maximum of four (4) units.

H. Accessory Structures Allowed. Residential accessory buildings, such as garages that are not attached to the new residential unit may be permitted concurrently or subsequently to a Two-Unit Residential Development project, pursuant to SVMC Section 9-30.080 Setback and Separation Requir ements. The maximum accessory building floor area shall apply to the original parcel , and not per residential unit. The cumulative square footage of all structures shall not cover more than 40% of any yard as defined in Section 9 -80.020 of the SVMC. Stru ctures shall include all residences, accessory buildings, sheds, gazebos, or other permitted structures. 8 31
ORD. NO. 1331

I. Nonconforming Development. OS, RE, RVL, RL, RM, and RPD zoned lots already developed with two or more existing residential units, shall not use the pro visions of this section to add floor area or residential units, or make any other alterations to the buildings or site otherwise prohibited by this ordinance, unless the development complies with all of the standards of this ordinance.

K. Property Ownership. Two-Unit Residential Development requires a property owner to occupy one unit as their primary residence for a minimum of three years.

L. Tree Removal. If a property applies for subdivision under Two -Unit Residential Development regulations and contains a protected tree as defined in the Zoning Code, a tree report must be submitted and the regulations of Chapter 9 -38 Tree Preservation, Cutting and Removal must be followed.

M. Outdoor Lighting. All outdoor lighting shall comply with the objective standards in the City’s outdoor lighting ordinance (SVMC Chapter 9-30.040).

N. Undergrounding of Utilities. Existing onsite overhead utility lines shall be installed underground in compliance with SVMC Section 9-30.080.

O. Landscape Plans. A complete landscaping and irrigation plan pursuant to the City’s published design guidelines shall be submitted to and approved by the Environmental Services Division prior to the issuance of Zoning Clearance for a Two-Unit Residential Development. All landscape plans shall comply with the front yard landscaping requirements in SVMC Sections 9-33.030 (Landscape Requirements) and 9-33.040 (Maintenance Requirements).

1. Vehicular Access. When an urban lot split is done under this ordinance, automobile parking is required. Vehicular access to a public street or alley shall be provided by a paved driveway that complies with the minimum width, slope, materials, and other standards consistent with Public Works Municipal Code Title 7, Chapte r 1, Encroachments and Zoning Code Section 9-34 Parking and Loading Standards.

sidewalk, street, or alley. The pedestrian pathway shall be unobstructed, clear to the sky, and meet the following standards:
a. Minimum Width: Pedestrian pathways serving one or two units: 3 feet wide. b. Maximum Length: Pedestrian pathways shall not be more than 200 feet in length.
c. Slope: Running grade shall not exceed 5% and cross slope shall not exceed 1:50.
d. Materials: Minimum 4-inch-thick concrete, or concrete or brick pavers placed hand tight or mortared, on compacted subgrade or aggregate base, or other techniques or materials providing equivalent service. Gravel, mulch, dirt, stepping stones, or other similar loose materials that do not create a continuous passage are prohibited.
e. Lighting. Pedestrian pathways more than 100 feet in length, shall provide lighting at intervals not to exceed 50 feet.
f. Addressing. All addresses for residential lots using a shared driveway, must be displayed, for emergency responders, at their closest point of access to a public street and must comply with SVMC Section 8-21.17.

Q. Parking. One off -street automobile parking space, which shall be covered in an enclosed garage, is required for each un it in a Two-Unit Residential Development , except as exempted below.

1. Replacement Parking Required. When an existing garage, carport, or other covered parking structure is converted or demolished in order to construct a new unit, at least one replacement pa rking space, which shall be covered, must be provided for each unit, unless the project is exempt from parking.

2. Tandem Parking. Tandem parking inside a garage is allowed.

3. Location. Required parking must be on the same lot as the residential unit served.

4. Parking not re quired. Parking is not required for a Two-Unit Residential Development when:
a. A property is located within ½ mile walking distance of either a high -quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
b. If there is a car share vehicle located within one block of the parcel. 10 33
ORD. NO. 1331

R. Hillside Subdivision Requirements. Lot splits proposed on properties that are located on slopes 20 percen t or greater, are subject to the Chapter 9 -32 - Hillside Performance Standards.

S. Tentative Parcel Map. For all lots subdividing an urban lot split, an application for a Tentative Parcel Map shall be submitted in accordance with SVMC Chapter 9 -61 Tentative Map Filing and Processing.

1. Building Permit Required. Two-Unit Residential Development shall comply with applicable state and local building codes and shall require approval of a building permit. The City shall ministerially approve or disapprove a complet e building permit application for a Two-Unit Residential Development in compliance with state law and this section.

2. Basis for Denial. A Two-Unit Residential development may be denied if the Building Official finds that the proposed development project would have a specific, adverse impact upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

3. Recorded Agreement. Before obtaining a building permit for a Two-Unit Residential Development, the property owner shall execute an agreement in a form acceptable to the City Attorney, containing a reference to the deed under which the property was acquired by the present owner and which outlines any limitations on rental terms of a Two-Unit Residential Development , any limitations with respect to owner occupancy that may be imposed in accordance with state law, and any limitations on further lot splits that may be imposed in accordance with state law.

1. Exceptions: The reductions and exceptions to the development standards normally applicable to residential development allowed in this section are for the express purpose of promoting the development and maintenance of more than one dwelling unit on the lot as required by state law (SB 9) . If for any reason the development is not maintained on the lot in conformance with this ordinance, the lot shall be brought into compliance with all of the requirements for the residential development, or with the legal no nconforming condition of the lot prior to the development of the Two-Unit Residential Development , including, but not limited to, the requirements for open yard, setbacks, and covered parking.

2. Waivers and Variances not Allowed: A two -unit residential development may not include a request for an exception to any objective standards by applying for a variance, modification, exception, waiver, or other discretionary approval for height, density, setbacks, open yard, land use, or similar design or development standard.
11 34
ORD. NO. 1331

3. Maximum Floor Area and Unit Size. The maximum allowable floor area shall apply to the lot as a whole, and not per residential unit. Notwithstanding the foregoing requirement, the maximum unit size is as follows:
a. One New Attached Unit. A new unit that is attached to, and increasing the size of, an existing residential unit shall not exceed 50% of the living area of the existing residential unit, provided that each unit is a maximum of 800 square feet.
b. One Converted Unit. A new unit that is incorp orated entirely within an existing residential unit, or within an existing accessory building, is not limited in size except that it shall not exceed the footprint of the existing structure, unless the new unit is under 800 square feet, then the existing r esidential unit can be increased to a maximum of 800 square feet.
c. New Detached Units or New Duplex. Any newly constructed unit that is detached from another unit and which may or may not be attached to a garage or other accessory building, or when two new ly constructed attached units (duplex) are proposed, each unit shall not exceed the following maximum unit size:
(1) Lots up to 5,000 square feet: 800 square feet maximum. (2) Lots 5,001 to 8,000 square feet: 1,000 square feet maximum. (3) Lots 8,001 to 10.000 square feet or larger: 1,200 square feet maximum.

4. Building Separation. Unless attached to and made a part of the primary residential unit pursuant to Section 9 -30.080, Setback and Separation Requirements and Exceptions, no detached primary residential unit shall be closer than 10 feet, if single story, and 20 feet, if two sto ry, to any other primary residential unit located on a separate lot; and no detached accessory building shall be closer than 6 feet to any other main or accessory building on the same lot.

c. Substantial Redevelopment. No additional setback is required when an existing main or accessory building is substantially redeveloped and converted to a Two-Unit Residential Development , provided that the new building is reconstructed in the same location and with the same dimensions and floor area as the existing building and complies with all other requirements of state law.
d. Flag Lots. Setbacks for flag lots shall be measured in accordance with SVMC Section, 9-30.080 (C)(5).
e. Architectural Features and Accessory Structures . Setbacks for architectural features and accessory structures shall comply with SVMC Section 9-30.080.D Table 3-2.
f. For all other setbacks refer to SVMC Chapter 9-24.

6. Architectural Review . All developments shall b e subject to the following architectural design criteria, or any other adopted objective design standards in effect at the time a complete application is submitted, as applicable to either new construction or exterior alterations, which shall be reviewed m inisterially by the Environmental Services Director.
a. Garage Conversion. If a garage is converted to a new unit, the garage door opening shall be replaced with exterior wall coverings, or residential windows and doors, to match the existing residence.
b. Building Height. The construction of a new residential unit shall be limited in accordance with Section 9-30.060, Height Limits and Exceptions, and shall not exceed the following, whichever is greater:
(1) 18 feet and a maximum of one story when located closer than 10 feet to the side property line and 20 feet to the rear property line; or (2) 30 feet and a maximum of 2 stories when located 10 feet from the side property line and 20 feet from the rear property line; or c. Screening. All new utility equipment shall be installed in compliance with SVMC Section 9-30.030.A.2, Screening of Mechanical Equipment . d. Fences and Walls. Refer to SVMC Section 9-30.050.

1. The parcel was not previously split under the provisions of thisordinance or SB 9; 13 36
ORD. NO. 1331

2. The parcel map subdivides an existing parcel to create no more than 2 new parcelsin a single-family residential zone; and

3. The minimum lot size of the resulting lots must be 1,200 square feet. No parcel created by this process may be less than 40% of the original lot size.

4. Owner Occupancy. The o wner must occupy one of the units as their primary residence for a minimum of 3 years from approval of the final map for the urban lot split.

B. Approval Process

1. The City shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review;

3. The City shall not impose regulat ions that require dedications of rights -of-way or the construction of off -site improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split;

4. The City may require conditions when considering an application for a parcel map for an urban lot split, including, but not limited to:
a. Easements required for public services and facilities, and b. Easements required for access to the public right of way for vehicles, pedestrians or public utilities.

5. The City shall require an applicant for an urban lot split to sign an affidavit stating that they intend to comply with the owner occupancy requirement stated in this urgency ordinance.

14 37

ATTACHMENT B

InterimUrgencyOrd. SB 9CCmtg1-24-22(klk)
CITY OF SIMI VALLEY • MEMORANDUM

DATE: January 24, 2022

TO: City Council

FROM: Stratis Perros, Environmental Services Director

SUBJECT: A REPORT ON THE ACTIONS TAKEN SINCE THE ADOPTION OF AN INTERIM URGENCY ORDINANCE 1331 FOR RULES AND

REGULATIONS FOR DEVELOPING TWO -UNIT RESIDENTIAL

DEVELOPMENTS, AND SUBDIVIDING SINGLE- FAMILY RESIDENTIAL PROPERTIES IN RESPONSE TO STATE SENATE BILL 9

On December 20, 2021, the Simi Valley City Council adopted Ordinance No. 1331 as an interim urgency ordinance to establish objective design standards for developing Two- Unit Residential Developments and establish rules and regulations for subdividing single- family residential properties in response to SB 9. Ordinance No. 1331 was adopted pursuant to California Government Code Section 65858, which provides that an interim ordinance will expire 45 days from the date of its adoption, unless extended by the City Council at a noticed public hearing. The interim ordinance is set to expire on February 2, 2022.

Government Code Section 65858(d) requires that 10 days prior to expiration date of the ordinance, the City Council must issue a written report describing the measures taken to alleviate the condition that led to the adoption of the interim ordinance. The conditions that led to establishment of the interim ordinance were listed in Ordinance No. 1331, and are still valid as of the date of this report. The following is a report summarizing the measures and actions that have been taken by the City since December 20, 2021:

• During the course of the 45- day interim ordinance, City staff has continued to research the issues of regulating development under SB 9 including objective development, design and subdivision standards. These efforts have included studying other cities ordinances and collaborating with other cities on the League of California Cities email group, and the Ventura County Planning Directors email group. Through our research staff has found many cities have not yet adopted an urgency ordinance and are instead following the State requirements.

• Staff has prepared a staff report to extend the interim ordinance for consideration by the City Council at a noticed public hearing on January 24, 2022 . Options are available to the City Council as part of the preparation and processing of a formal ordinance amendment to the Municipal Code that contain objective standards for Two Unit Residential D evelopment and subdividing single- family residential properties.

Prepared by: Elizabeth Richardson, Associate Planner
38 ATTACHMENT C
39 EXHIBIT 1

CITY COUNCIL STAFF REPORT
DECEMBER 20, 2021
INDEX Page
Public Hearing Procedure………………………………………………………..…...9
Urgency Ordinance No. 1331………………………………………………….……11
Attachment A – CEQA Notice of Exemption………………………………………24 Exhibit 1 – December 15, 2021 Planning Commission Staff Report and Resolution..………………………………………………………………………25
40 Z-S-2021-0008 SB 9CCmtg12-20-21(klk)

CITY OF SIMI VALLEY

MEMORANDUM
December
20, 2021
TO: City Co
uncil
FROM: D
epartment of Environmental Services

SUBJECT
: AN URGENCY ORDINANCE TO ESTABLISH OBJECTIVE DESIGN

STANDARDS FOR DEVELOPING TWO -UNIT RESIDENTIAL

DEVELOPMENTS, AND ESTABLISH RULES AND REGULATIONS FOR

SUBDIVIDING SINGLE -FAMILY RESIDENTIAL PROPERTIES, IN
RESPONSE TO STATE SENATE BILL 9 ( SB 9 ), A DECLARATION OF

THE URGENCY THEREOF, AND A DETERMINATION THAT THE

AMENDMENTS ARE EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT

STAFF RECOMMENDATION
It is
recommended that the City Council adopt, by a 4/5ths vote, Urgency Ordinance No, 1331, as an uncodified ordinance, to establish objective design standards for developing Two-Unit Residential Developments and to establish rules and regulations for subdividing single-family residential properties in response to SB 9; and determine that the urgency ordinance is exempt from the California Environmental Quality Act (CEQA).

BACKGROUND AND OVERVIEW
On Sep
tember 16, 2021, Governor Newsom signed new housing laws including SB 9 that will become effective on January 1, 2022. Eliminating a significant amount of local control over land use planning, SB 9 supersedes several City regulations regarding single -family residential subdivision and development standards; however, the bill does preserve some authority for local jurisdictions to enact regulations through the adoption of new and objective zoning regulations.

SB 9 allows proper
ty owners, within single-family zones, to:
• Develop up t
o two primary residential units on a single lot ( by adding either two new detached units or one new SB-9 unit attached to one existing unit) with ministerial approval; and
• Create a
two-lot subdivision on an existing residential lot, subject to certain criteria being met (two units may also be constructed on each lot) with ministerial approval.

AGENDA ITEM NO.

4C
41 Z-S-2021-0008 SB 9CCmtg12-20-21(klk)
On O
ctober 6, 2021 , staff made a presentation to the Planning Commission providing an overview of new State housing laws including SB 9. Staff also provided the presentation to the City Council on October 25, 2021, that resulted in the City Council directing staff to prepare an ordinance addressing SB 9. The proposed urgency ordinance would provide objective design standards and establish rules and regulations for subdividing single-family residential properties on an interim basis.

To be consistent with the requiremen ts of SB 9 and establish objective development standards in conjunction with this b ill becoming effective on January 1, 2022, staff is presenting an urgency ordinance for City Council consideration. If adopted, the urgency ordinance will go into effect immediately and development standards will be in place prior to the January 1, 2022 effective date. The City Council may then extend the urgency ordinance for up to 10 months and 15 days by a four-fifths vote for adoption, which would come back to City Council on January 24, 2022. The proposed ordinance is based on staff’s research from other cities as well as information provided by the League of California Cities and other organizations.

Draf
t permanent SB 9 regulations were initially presented to the Planning Commission on December 15, 2021. In case their comments on the draft permanent regulations inform the City Council’s consideration of this urgency ordinance, Planning Commission comments will be forwarded to the City Council via a Supplemental Packet and will be part of staff’s presentation.

FINDINGS AND ALTERNATIVES
To c
omply with SB 9, the urgency ordinance will do the following:
• Iden
tify “Two-Unit Residential Development” as a permitted use in the City’s single- family residential zones;
• Establish Two-Unit Residential Development Standards; • Establish the Procedure for Filing and Processing a Two-Unit Residential Development Parcel Map (“Urban Lot Split”); and
• Provide definitions related to SB 9 nomenclature.

The ur
gency ordinance will gi ve the Director of Environmental Services authority to ministerially approve SB 9 requests without a public hearing as long as the proposed project meets the objective standards established by the urgency ordinance and State law requirements. The following summarizes the proposed regulations.

1. Perm
itted Use (SVMC 9-24.030, Table 2.2)
Devel
opment projects that must be approved pursuant to SB 9 will be called Two-Unit Residential Developments. These residential units may be located in a single building that contains two residential units (also known as a duplex) or in two detached buildings.

As required by state law, the new use will be permitted ministerially in the City’s “single- 42 Z-S-2021-0008 SB 9CCmtg12-20-21(klk)
fami
ly residential zones”: Open Space (OS), Residential Estate (RE), Residential Very Low (RVL), Residential Low (RL), Residential Medium (RM), and Residential Planned Development (RPD) Zoning Districts.

2. Two-Unit Residential Development
A new
SVMC Section will be cr eated to establish development standards for Two- Unit Residential Developments. This section will address prohibited development, the number of units allowed, site and vehicular access, parking, compliance with the City’s Hillside Performance Standards, and objective design standards, as follows:

A. Prohibited Development
. Two-Unit Residential Development use is not permitted as follows:
(1) If
the proposal requires the demolition or alteration of income restricted units or units that were previously used as rental housing in the last three years; (2) No more than 25 percent of the existing exterior structural walls on- site can be demolished to construct and/or subdivide the property;
(3) The property must be located outside the Alquist -Priolo Earthquake Fault Zone, 100 Year Flood Zone areas (unless certain mitigation measures can be achieved to determine buildable areas), and Wildlife Corridors. If a property is located within the Very High Fire Zone, the residential units must be designed to meet the high fire construction standards of the California Building Code; and (4) Properties already developed with two or more residential units cannot use the provisions of this code to add floor area, residential units , or make any other alterations to the buildings or site.

B. Number of Residential Units Allowed
: A maximum of four units are allowed for a Two-
Unit Residential Development. In other words, if an existing lot is divided into two parcels, then each newly created parcel can have a maximum of two units.

The Two-Unit Residential Development can be accomplished as follows:
(1) A property developed with one (1) single- family residence can add one (1) detached SB 9 unit plus an Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit ( JADU) to the property, in which case the urban lot split is not available. Maximum of four (4) units.
(2) A property developed with one (1) single- family residence can add one (1) attached SB 9 unit plus two detached ADUs to the property, in which case the urban lot split is not available. Maximum of four (4) units. (3) A property developed with one (1) single-family residence, ADU and/or JADU can add one (1) SB 9 unit, in which case the urban lot split is not available. Maximum of four (4) units.
43 Z-S-2021-0008 SB 9CCmtg12-20-21(klk)
(4) A pr
operty developed with one (1) single-family residence can split the lot and add one (1) SB 9 unit to the lot with the residence. On the new lot they can construct two (2) new SB 9 units. No new ADU/JADU is allowed on either lot. Maximum of four (4) units between the two (2) lots.

The housing units can be incorporated entirely within an existing residential unit, or incorporated entirely within an existing accessory building, including garages; or can be new attached or detached units, configured as mentioned above. A Two-Unit Residential Development in any of the configurations described above may be added to a newly created lot concurrently with an approval for a two- unit residential lot split; however, the provisions of that section shall not be used to permit more than two units on a lot.

C. Existing ADU/JADU’s: Properties with an existing ADU or JADU constructed prior to January 1, 2022: the units may be located on a property with a proposed Two- Unit Residential Development and will count towards the number of housing units on the lot.

E. Accessory Buildings Allowed: Residential accessory structures such as garages, not attached to the dwelling units, and storage sheds may be permitted pursuant to 9-

44.160 Accessory Structures.

E. Rental Terms: Each unit may be rented separately however rental terms may not be less than 31 consecutive days.

Parking for existing ADU/JADU’s will remain as required per SVMC 9-44.160. 44 Z-S-2021-0008 SB 9CCmtg12-20-21(klk)
H. Hillside
Subdivision Req uirements: Proposed lot splits on properties with slopes greater than 20 percent must meet the requirements of SVMC Section 9- 32, Hillside Performance Standards.

J. Objective Development Standards : SB 9 does allow local jurisdictions to establi sh Objective Development Standards in order to help regulate the subdivision and Two- Unit Residential Development . The City’s objective development standards, which align with the restrictions imposed by SB 9, are as follows:
(1) Max
imum floor area and unit size: Maximum unit size is determined based on the size of the existing residence and the size of the lot. a. One new at
tached SB-9 unit – limited to 50 percent of the living area of the existing residence. Maximum unit size is 800 square feet. b. One converted unit – limited to the footprint of the structure. Maximum unit size is 800 square feet.
c. New Detached Unit or New Duplex – Unit size is determined by the size of the lot. Each unit must not exceed the maximums set below:
i. Lots up to 5,000 square feet: 800 square feet maximum. ii. Lots 5,001 to 8,000 square feet: 1,000 square feet maximum. iii. Lots 8,001 square feet or larger: 1,200 square feet maximum. (2) Building Separation: No detached one-story unit can be closer than 10 feet to any other main unit on the same property, and 20 feet if the new unit is two stories. No detached accessory structure can be closer than 6 feet to any other accessory building on the same lot.
(3) Setbacks: All structures in a T wo-Unit Residential Development, including accessory buildings, will need to comply with the setback standards for the base zone, as outlined in SVMC 9-24.050, however, this section will allow side setbacks of 4 feet for single-story buildings and 10 feet for two-story buildings. (4) Architectural Review: All development will be subject to objective architectural design standards and design criteria as follows:
a. Garage Conversion. If a garage is converted to a new unit, the garage door opening shall be replaced with exterior wall coverings or residential windows and doors to match the existing residence.
45 Z-S-2021-0008 SB 9CCmtg12-20-21(klk)
b. Build
ing Height. The building height for new residential units is limited to SVMC Section 9-30.060 and not to exceed the following:
i. 18 feet tall, maximum one-story when located closer than 10 feet to the side property line and 20 feet to the rear property line. ii. 30 feet tall and a maximum of two stories when located no closer than 10 feet from the side property line and 20 feet from the rear property line.

Adoption of the proposed u rgency ordinance will allow the City to provide simplified access to the rules, as well as implement standards and procedures under SB 9 where local authority is permitted. The urgency ordinance would allow the City to regulate urban lot splits and the development of new units allowed under SB 9 while permanent regulations are developed. If adopted, the urgency ordinance would be in effect for an initial 45 -day period, unless further extended pursuant to Government Code Section 65858.

The
findings and supporting evidence for approval of the urgency ordinance are provided in the Planning Commission Staff Report and incorporated herein by reference (refer to Exhibit 1, page 25).

Findings to Adopt an Urgency Ordinance
Purs
uant to Government Code Section 65858, the City Council may, to protect the public safety, health, and welfare, adopt, with a minimum 4/5ths vote, as an urgency measure, an interim ordinance that prohibits certain developments that may be in conflict with a contemplated zoning proposal that the City Council is considering, studying or intends to study within a reasonable period of time. The City Council must find and determine that there is a potential for an immediate threat to public health, safety, and welfare from SB 9 development projects that do not conform with certain objective standards established by the City because of the potential of SB 9 development projects to have a detrimental impact on single family residential neighborhoods in the City. U nder the authority of Government Code Section 65858, staff recommends that the City Council establish interim objective standards outlined in the urgency ordinance to protect the public health, 46 Z-S-2021-0008 SB 9CCmtg12-20-21(klk)
safety, and welfare, while the City studies permanent standards for SB 9 development projects. If not adopted urgently, the City’s quality of life and goals of the General Plan for livable, safe and cohesive neighborhoods would be negatively impacted with conflicting regulatory schemes, and inadequate standards to preserve development compatibility within neighborhoods. Moreover, a lack of standards and applicable procedures will create confusion as to how to process SB 9 applications. Therefore, the public’s peace, safety and welfare would not be protected by the inability to enforce lot coverage, setbacks, lot size, parking, building heights, building design, and other limitations as allowed by State law , unless these provisions are adopted urgently. The proposed urgency ordinance implement s the greatest regulatory preservation of development compatibility within neighborhoods and public peace, safety and welfare, as permitted by State law.

The f
ollowing alternatives are available to the City Council:

1. Adopt by 4/5ths vote, Urgency Ordinance No. 1331 (page 11), with or without modifications, declare the urgency thereof, waive full reading and read by title only, and determine that t
he amendments are exempt from the California Environmental Quality A
ct;

2. Do not introduce or adopt an ordinance and provide staff with further direction.

SUGGESTED CITY COUNCIL MOTION
I move to adopt Urgency Ordinance No. 1331, declare the urgency thereof, waive full reading of the ordinance and read the urgency ordinance by title only, and determine that the ordinance is exempt from the California Environmental Quality Act.

SU
MMARY
On September 16, 2021 , Governor Newsom signed new housing laws including SB 9, which will become effective on January 1, 2022. This bill will allow property owners within single-family zones the ability to d evelop up to two residential units on a single lot (by adding either two new units or one new unit to one existing unit); and ministerially subdivide a single-family lot and construct up to two units on the new lot, subject to certain criteria being met. The proposed interim provisions will establish objective design standards and codify rules and regulations for subdividing single- family residential properties under SB 9. It is recommended that the City Council by a minimum 4/5ths vote, adopt an Urgency Ordinance to implement the Goals and Policies of the General Plan, while protecting public peace, safety and welfare to the extent allowed by State law per Government Code Sections 65858, 36934 and 36937.
___________
_________________________
Stratis Perros
Environmental Services Director
47 Z-S-2021-0008 SB 9CCmtg12-20-21(klk)
Prepar
ed by: Elizabeth Richardson, Associate Planner
INDEX Page
Publi
c Hearing Procedure………………………………………………………..…...9
Urgency Ordinance No. 1331………………………………………………….……11
Attachment A – CEQA Notice of Exemption………………………………………24 Exhibit 1 – December 15, 2021 Planning Commission Staff Report and Resolution………………………………………………………………………25
48 Z-S-2021-0008 SB 9CCmtg12-20-21(klk)

PUBLIC HEARING PROCEDURE
HEARING DATE: December 20, 2021
Urgency O
rdinance No. 1331

1. MAYOR: This is the time and place set for a public hearing on Urgency Ordinance No. , to establish objective design standards for developing Two-Unit Residential Developments, and
establish rules and regulations for subdividing single- family residential properties in residential zoning districts, in response to State Senate Bill 9; and a determination that the Amendment is exempt from the California Environmental
Quality Act.

May I hav
e a reading of the Urgency Ordinance?

2. CLERK: (Reads ordinances)

3. MAYOR: Are there any ex parte communications to report?

4. ANY

COUNCIL
MEMBER: ( Report of communciations)

5. MAYO
R: May we have an oral report on this matter by staff?

6. STAFF: (Report)

7. ANY

COUNCIL
MEMBER: (Questions of staff and staff response)

8. CHAIRM
AN: We will open the public testimony portion of the hearing.

9. CHAIRM
AN: Is there anyone in the Chamber wishing to be heard on this matter? Do any members of the public wish to make a public statement on zoom for this item and if so, please use the hand raise function on your computer or *9 on your phone, staff will un-mute you when it is your turn.

10. AUDIE
NCE: (Comments)
49 Z-S-2021-0008 SB 9CCmtg12-20-21(klk)

11. MAYOR:

12. MAYO
R:

13. ANY

COUNCIL
MEMBER:

14. MA
YOR:

15. AN
Y
CITY

COUNCIL
MEMBER:

16. ANY
CITY

COUNCIL
MEMBER:

17. MAYO
R:

18. MAYO
R:

Are there any comments from staff regarding statements
made during the public hearing? (Check with Environmental Services Director, staff presenter, and staff members in the audience.)
The hearing is closed. Are there any comments or questions from members of the City Council? (Note: If the City Council has any further question of staff at this time, the Public Hearing may need to be re-opened).
(Comments)
The Chair will now entertain a motion.

City Council Actions (by motion of any Council Member)
:

Adopt, modify, or not adopt Urgency Ordinance No. 1331
(requires a second and 4/5ths vote);
Second.
(Call for vote)
Proceed to the next item.
50 ORDINANCE NO. 1331

AN URGENCY O

RDINANCE OF THE CITY COUNCIL OF THE

CITY OF SIMI VALLEY TO ESTABLISH OBJECTIVE DESIGN

STANDARDS FOR DEVELOPING TWO -UNIT RESIDENTIAL

DEVELOPMENTS, AND ESTABLISH RULES AND

REGULATIONS FOR SUBDIVIDING SINGLE -FAMILY

RESIDENTIAL PROPERTIES IN RESPONSE TO STATE SENATE
BILL 9, DECLARING THE URGENCY THEREOF, AND MAKING

A DETERMINATION THAT THE ORDINANCEIS EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

WHEREAS,
on September 16, 2021 Governor Gavin Newsom signed new
housing laws including Senate Bill 9 (SB 9), which requires ministerial processing and approval of proposed housing developments containing two dwelling units per lot and the subdivision of one lot into two parcels, within single- family zones; which will become effective on January 1, 2022; and

WHEREAS
, on October 6, 2021, the Planning Commission received a presentation on the new housing laws including SB 9 and on October 25, 2021, the City Council received a similar presentation; and

WHEREAS
, following the presentation to the City Council October 25, 2021, the City Council directed the Department of Environmental Services to prepare amendments to Title 9 of the Simi Valley Municipal Code to establish objective design standards and rules and regulations for developing two- unit residential and subdividing single-family residential properties in single-family zones allowed under SB 9, in order to protect the character of the City’s well established single-family neighborhoods; and WHER
EAS, the City is in the process of studying and formulating permanent regulations for the implementation of SB 9 projects in the City, but will not be able to complete that exercise prior to January 1, 2022, when SB 9 will become effective.

WHEREAS
, without establishing appropriate regulations, SB 9 projects have the potential to impact the health, safety, and welfare of residents in the City, and particularly on the character of single family residential neighborhoods, the rural quality of the community, vehicular and pedestrian safety, and on- street parking demand. In addition, without appropriate standards and procedural regulations, there may be confusion about how SB 9 will be implemented and the scope of development that will be allowed. As such, the City Council finds that there is an immediate need to establish objective zoning and subdivision standards for SB 9 projects to protect the public health, safety, and welfare while it studies permanent land use regulations for such projects and 51 ORD. NO. 1331
to ens
ure SB 9 projects do not have a detrimental impact on single family residential neighborh
oods within the Ci ty while permanent regulations are being studied. This process may be lengthy and therefore the City Council wishes to adopt an interim ordinance that will take effect immediately to ensure that the health, safety and welfare is not impacted by SB 9 projects while permanent regulations are studied, formulated, and adopted; and
WHER
EAS, this urgency ordinance is exempt from review under the California Environmental Quality Act (CEQA; California Public Resources Code Section 2100, et seq.) and CEQA regulations (Title 14, California Code of Regulations Section 15000, et seq.) pursuant to Government Code Sections 65852.21(j) and 66411.7(n) as ordinances intended to implement SB 9. In addition, the proposed amendments are exempt under CEQA Section 15061(b)(3) as the amendments are covered by the common sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment.

NOW, T

HEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY
DOES ORDAIN AS FOLLOWS:

SECTI
ON 1. The findings in the Planning Commission staff report dated December 15, 2021, and the recitals set forth above are hereby adopted as findings.

SECTI
ON 2. Definitions. For the purposes of this ordinance, certain words and phrases are defined as follows:

1. Senate
Bill 9 (SB 9) means a state law passed by the California state senate and approved by the Governor on September 16, 2021. The bill amends Government Code section 66452.6 and adds
Government Code sections 65852.21 and 66411.7.

2. Senate B
ill 9 (SB 9) Development Project means a development with no more than two residential units located on a single original lot in a single-family residential zone. The residential units may be located in a single building that contains two residential units (also known as a duplex) or in two detached buildings. For purposes of this ordinance, SB 9 Development Project shall have the same definition as Two-Unit Residential Development.

3. Urban lot
split means a parcel map subdivision permitted pursuant to SB 9 that creates no more than two parcels of approximately equal lot area. For purposes of this ordinance, urban lot split has the same definition as Two-Unit Residential Tentative Parcel Map.

SECTI
ON 3. Notwithstanding any other ordinance or provision of the Simi Valley Municipal Code, SB 9 development projects and urban lot splits are prohibited unless the project complies with the requirements outlined in this ordinance and the provisions in Exhibit A to this ordinance.
52 ORD. NO. 1331
SECTION 4. Applic ability. Notwithstanding any other provision of the City’s Development Code, the provisions of this ordinance shall apply to SB 9 development projects and urban lot splits that are proposed pursuant to the regulations in SB 9. Except as expressly provided in SB 9 or in this interim ordinance, all other regulations of the underlying zone of a property developed pursuant to SB 9 shall apply, along with all other applicable regulations from the City’s Development Code, so long as such regulations are
not preempted by State law.

SECTION 6. Effective Date. This Ordinance is adopted as an urgency ordinance for the immediate preservation of the public peace, health and safety pursuant to Government Code Section 65858, and therefore
become effective immediately upon its
adoption by a minimum 4/5 vote of the City Council and shall continue in effect for a period of no longer than forty -five (45) days. After notice pursuant to Section 65090 of the California Government Code and public hearing, the City Council may extend the effectiveness of this Interim Ordinance as provided in Government Code Section 65858.

SECTIO N 7. Uncodified. This Urgency Ordinance shall not be codified.

SECTI
ON 9. The City Clerk shall cause this ordinance or a summary hereof to be published in a newspaper of general circulation, published in the County of Ventura and 53 ORD. NO. 1331
cir
culated in the City, and if applicable, to be posted, in accordance with Section 36933 of th
e California Government Code; shall certify to the adoption of this ordinance and shall cause a certified copy of this ordinance, together with proof of publication, to be filed in the Office of the Clerk of this City.

SECTIO
N 10. This ordinance shall go into effect and be in full force and effect immediately after its passage.

PASSED an
d ADOPTED this 20th day of December 2021.

Attes
t:
__
Lucy Blanco, City Clerk Keith L. Mashburn, Mayor of the City of Simi Valley, California
Appro
ved as to Form: Approved as to Content:
___________
______________________ ______________________________
David L. Caceres, City Attorney Brian Paul Gabler, City Manager ___________
___________________
Stratis Perros
Environmental Services Director
54 ORD. NO. 1331

EXHIBIT A
Part 1
Subject to the standards and regulations in this urgency ordinance, Urban Lot Splits and Two-Unit Residential Developments shall be an allowed use in the OS, RE, RVL, RL, RM, and RPD zones. Part 2
Two-Unit Residential Development
A. Purpose. The intent and purpose of this Section is to provide development and objective standards for Two-Unit Residential Developments as required by State law (SB 9).

2. Prior Removal of Rental Units. Two Unit Residential Development shall not occur on a parcel on which an owner of residential real property has exercised the owner’s right under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits and application. 55 ORD. NO. 1331

3. Demolition. No more than 25% of the exterior walls of the existing structure may be demolished unless the site has not been occupied by a tenant in the last 3 years.

7. Historic Resources. Two-Unit Residential Development shall not be permitted on a lot that has a designation as a historic property, or that is included on the State Historic Resources Inventory, County Landmark or Structure of Merit on the Ventura County Historical Landmarks and Points of Interest or listed in the General Plan.

F. Number of Residential Units Allowed . The units in a Two -Unit Residential Development may be permitted in the following configurations, provided that no more than two attached or detached residential units are in any one building on a lot. No more than four units shall be allowed on the original single-family lot. For the purpose of this section, “unit” means any dwelling unit, including, but not limited to, additional residential unit, primary residential unit, accessory dwelling unit (ADU), or junior accessory dwelling unit (JADU). The allowed configurations are as follows:

1. One new unit incorporated entirely within an existing residential unit.

2. One new unit incorporated entirely within an existing accessory building, including garages.

3. One new unit attached to, and increasing the size of, an existing residential unit or an existing accessory building.

5. Two newly constructed attached units (duplex) or two detached residential units on a vacant lot.

6. A Two-Unit Residential Development in any of the configurations described above may be added to a newly created lot concurrently with an approval for an urban lot split; however, the provisions allowing an urban lot split shall not be used to permit more than two units on a lot.

G. Accessory Dwelling Units. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) may be permitted concurrently or subsequently to a two- unit residential project. However, properties subdivided as an urban lot split are not permitted to have an ADU or JADU in addition to the Two -Unit Residential Development. No more than four units are allowed on the original single-family parcel.

ADUs and JADUs may only be added to Two-Unit Residential projects in the following configurations:

1. A property developed with one (1) single- family residence can add one (1) Two- Unit Residential Development unit plus an ADU and JADU to the property.

Maximum of four (4) units.

2. A property developed with one (1) single-family residence, ADU and/or JADU can add one (1) SB 9 unit. Maximum of four (4) units.

H. Accessory Structures Allowed. Residential accessory buildings, such as garages that are not attached to the new residential unit may be permitted concurrently or subsequently to a Two-Unit Resid ential Development project, pursuant to SVMC Section 9-30.080 Setback and Separation Requirements. The maximum accessory building floor area shall apply to the lot as a whole, and not per residential unit. The cumulative square footage of all structures shall not cover more than 40% of any yard as defined in Section 9- 80.020 of the SVMC. Structures shall include all residences, accessory buildings, sheds, gazebos, or other permitted structures.

I. Nonconforming Development. OS, RE, RVL, RL, RM, and RPD zoned lots already developed with two or more existing residential units, shall not use the provisions of 57 ORD. NO. 1331
this
section to add floor area or residential units, or make any other alterations to the building
s or site otherwise prohibited by this ordinance, unless th e development complies with all of the standards of this ordinance.

K. Property Ownership. Two-Unit Residential Development requires a property owner to occupy one unit as their primary residence for a minimum of three years.

M. Outdoor Lighting. All outdoor lighting shall comply with the objective standards in the City’s outdoor lighting ordinance (SVMC Chapter 9-30.040).

N. Undergrounding of Utilities. Existing onsite overhead utility lines shall be installed underground in compliance with SVMC Section 9-30.080.

O. Landscape Plans. A complete landscaping and irrigation plan pursuant to the City’s published design guidelines shall be submitted to and approved by the Environmental Services Division prior to the issuance of Zoning Clearance for a Two-Unit Residential Development. All landscape plans shall comply with the front yard landscaping requirements in SVMC Sections 9- 33.030 (Landscape Requirements) and 9-33.040 (Maintenance Requirements).

1. Vehicular Access. When an urban lot split is done under this ordinance, automobile parking is required. Vehicular access to a public street or alley shall be provided by a paved driveway that complies with the minimum width, slope, materials, and other standards consistent with Public Works Municipal Code Title 7, Chapter 1, Encroachments and Zoning Code Section 9-34 Parking and Loading Standards.

2. Landscape Buffer. Driveways adjacent to onsite buildings must be separated from building walls by a planting area with a minimum inside width of three feet. The same buffer, or a f ence or hedge, shall be provided where parking areas, turnarounds, or driveways abut an adjacent residential property.

3. Pedestrian Access. When a lot is not split under the provisions of this ordinance , pedestrian access to a public street or alley shall be provided with an exterior pedestrian pathway from the primary entrances of each unit to the adjoining sidewalk, street, or alley. The pedestrian pathway shall be unobstructed, clear to the sky, and meet the following standards:
58 ORD. NO. 1331
a. Minimum Width: Pedestrian pathways serving one or two units: 3 feet wide. b. Maximum Length: Pedestrian pathways shall not be more than 200 feet in length.
c. Slope: Running grade shall not exceed 5% and cross slope shall not exceed 1:50.
d. Materials: Minimum 4 -inch-thick concrete, or concrete or brick pavers placed hand tight or mortared, on compacted subgrade or aggregate base, or other techniques or materials providing equivalent service. Gravel, mulch, dirt, stepping stones, or other similar loose materials that do not create a continuous passage are prohibited.
e. Lighting. Pedestrian pathways more than 100 feet in length, shall provide lighting at intervals not to exceed 50 feet.
f. Addressing. All addresses for residential lots using a shared driveway, must be displayed, for emergency responders, at their closest point of access to a public street and must comply with SVMC Section 8-21.17.

Q. Parking. One off -street automobile parking space, which shall be covered in an enclosed garage, is required for each unit in a Two -Unit Residential Development , except as exempted below.

2. Tandem Parking. Tandem parking inside a garage is allowed.

3. Location. Required parking must be on the same lot as the residential unit served.

4. Parking not required. Parking is not required for a Two -Unit Residential Development when:
a. A property is located within ½ mile walking distance of either a high- quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
b. If there is a car share vehicle located within one block of the parcel. 59 ORD. NO. 1331
R. Hillside Subdivision Requirements. Lot splits proposed on properties that are located on slopes 20 percent or greater, are subject to the Chapter 9- 32 - Hillside Performance Standards.

3. Recorded Agreement. Before obtaining a building permit for a Two-Unit Residential Development, the property owner shall execute an agreement in a form acceptable to the City Attorney, containing a reference to the deed under which the property was acquired by the present owner and which outlines any limitations on rental terms of a Two-Unit Residential Development , any limitations with respect to owner occupancy that may be imposed in accordance with state law, and any limitations on further lot splits that may be imposed in accordance with state law.

1. Exceptions: The reductions and exceptions to the development standards normally applicable to residential development allowed in this section are for the express purpose of promoting the development and maintenance of more than one dwelling unit on the lot as required by state law (SB 9) . If for any reason the development is not maintained on the lot in conformance with this ordinance, the lot shall be brought into compliance with all of the requirements for the residential development, or with the legal nonconforming condition of the lot prior to the development of the Two-Unit Residential Development, including, but not limited to, the requirements for open yard, setbacks, and covered parking.

2. Waivers and Variances not Allowed: A two- unit residential development may not include a request for an exception to any objective standards by applying for a variance, modification, exception, waiver, or other discretionary approval for height, density, setbacks, open yard, land use, or similar design or development standard.
60 ORD. NO. 1331

4. Building Separation. Unless attached to and made a part of the primary residential unit pursuant to Section 9- 30.080, Setback and Separation Requirements and Exceptions, no detached primary residential unit shall be closer than 10 feet, if single story, and 20 feet, if two story, to any other primary residential unit located on a separate lot; and no detached accessory building shall be closer than 6 feet to any other main or accessory building on the same lot.

5. Setbacks. All structures in a Two -Unit Residential Development , including accessory buildings, shall comply with the setback standards for the base zone, as shown in SVMC Section 9-30.080.D, Table 3-2; with the following exceptions:
a. Side Setback. The side setback may be four feet for a one- story building, and portions of the residential unit, not exceeding 18 feet in height. Second stories, and portions of a building exceeding 18 feet, up to a maximum of 30 feet in height, shall have a setback of 10 feet.
b. Conversion. No additional setback is required to convert th e existing, legally permitted, floor area of a main or accessory building to Two -Unit Residential Development. Improvements to existing nonconforming buildings, including conforming additions, are allowed pursuant to Chapter 9- 72, Nonconforming Structures, Site Development, and Uses.
61 ORD. NO. 1331
c. Substantial Redevelopment. No additional setback is required when an existing main or accessory building is substantially redeveloped and converted to a Two-Unit Residential Development, provided that the new building is reconstructed in the same location and with the same dimensions and floor area as the existing building and complies with all other requirements of state law.
d. Flag Lots. Setbacks for flag lots shall be measured in accordance with SVMC Section, 9-30.080 (C)(5).
e. Architectural Features and Accessory Structures . Setbacks for architectural features and accessory structures shall comply with SVMC Section 9-30.080.D Table 3-2.
f. For all other setbacks refer to SVMC Chapter 9-24.

6. Architectural Review . All developments shall be subject to the following architectural design criteria, or any other adopted objective design standards in effect at the time a complete application is submitted, as applicable to either new construction or exterior alterations, which shall be reviewed ministerially by the Environmental Services Director.
a. Garage Conversion. If a garage is converted to a new unit, the garage door opening shall be replaced with exterior wall coverings, or residential windows and doors, to match the existing residence.
b. Building Height. The construction of a new residential unit shall be limited in accordance with Section 9-30.060, Height Limits and Exceptions, and shall not exceed the following, whichever is greater:
(1) 18 feet and a maximum of one story when located closer than 10 feet to the side property line and 20 feet to the rear property line; or (2) 30 feet and a maximum of 2 stories when located 10 feet from the side property line and 20 feet from the rear property line; or c. Screening. All new utility equipment shall be installed in compliance with SVMC Section 9-30.030.A.2, Screening of Mechanical Equipment . d. Fences and Walls. Refer to SVMC Section 9-30.050.

1. The parcel was not previously split under the provisions of thisordinance or SB 9; 62 ORD. NO. 1331

2. The parcel map subdivides an existing parcel to create no more than 2 new parcelsin a single-family residential zone; and

3. The minimum lot size of the resulting lots must be 1,200 square feet. No parcel created by this process may be less than 40% of the original lot size.

4. Owner Occupancy. The owner must occupy one of the units as their primary residence for a minimum of 3 years from approval of the final map for the urban lot split.

B. Approval Process

1. The City shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review;

5. The City shall require an applicant for an urban lot split to sign an affidavit stating that they intend to comply with the owner occupancy requirement stated in this urgency ordinance.
63 NOTICE OF EXEMPTION
To: Ventura County Clerk
800 S. Victoria Avenue
Ventura, CA 93001
From: City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
Project Title: Z-S-2021-0008: City-initiated text amendments to revise portions of Title 9 of the Simi Valley Municipal Code to allow Two-Unit Residential developments in response to State Senate Bill 9
Project Location - Specific: _C_it_y�w_id_e ________________________ _ Project Location - City : _____ S_im_i _V_a_ll_e_,_y ___ _ Project Location - County: Ventura Description of Project: The proposed text amendments would provide for ministerial approval of no more than two residential units within a single-family zones and allow for ministerial lots splits if certain requirements are met and impose objective zoning, subdivision and design review standards.

Name of Public Agency Approving Project: _C_it_.y_o_f_S_i_m_i_V_a_l _le_,_y _____________ _ Date of Approval
Name of Person or Agency Carrying Out Project: City of Simi Valley -�-----�------------ Exempt Status: (check one)
Ministerial [Sec. 21080(b) ( 1); 15268];
Declared Emer gency [Sec. 21080(b)(3); 15269(a)];
Emergency Project [Sec. 21080(b)(4); 1 5269(b) (c)];
Categorical Exemption - State type and section number ------------- x
Statutory Exemptions - State code number ------------------ Common Sense Exemption [Sec. 15061 (b)(3)]
Text of exemption and reasons why project is exempt:

California Public Resources Code Section 2100, et seq and California Code of Regulations Section 15000, et seq pursuant to the express statutory authorization in Government Code Sections 65852.21 U) and 66411.7(n) for implementation of SB-9. The proposed amendments are intended to implement SB-9 and are therefore exempt from CEQA.

Section 15061 (b)(3) states that: "A project is exempt from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." The proposed amendments to the Municipal Code provide objective zoning, subdivision, and design standards for the Two-Unit Residential developments. There would be no changes to the physical environment resulting from these amendments. Therefore, the project would not have a significant effect on the environment and is exempt from further review under CEQA.

Lead Agency
Contact Person: Elizabeth Richardson
X Signed by Lead Agency
Area Code/Telephone (805) 583-6334
Date: t2- lo-'2..\ Title: Associate Planner
Dept. of Environmental Services

ATTACHMENT A
64 Z-SP2021-0008 PC Staff Report(sy)
CITY O

F SIMI VALLEY

MEMORANDUM
December
15, 2021
TO: Plan
ning Commission
FROM: S
ean Gibson, Deputy Environmental Services Director/City Planner

SUBJECT
: A PUBLIC HEARING TO CONSIDER RECOMMENDING TO THE CITY

COUNCIL APPROVAL OF CITY -INITIATED MUNICIPAL CODE
AMENDMENTS (Z-S-2021-0008) TO REVISE PORTIONS OF TITLE 9 IN

THE SIMI VALLEY MUNICIPAL CODE , TO ESTABLISH OBJECTIVE

DESIGN STANDARDS FOR DEVELOPING TWO -UNIT RESIDENTIAL

DEVELOPMENTS, AND ESTABLISH RULES AND REGULATIONS FOR

SUBDIVIDING SINGLE -FAMILY RESIDENTIAL PROPERTIES, IN
RESPONSE TO STATE SENATE BILL 9; AND A DETERMINATION THAT

THE AMENDMENTS ARE EXEM PT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT

RECOMMENDATION
It is recommended that the Planning Commission recommend to the City Council the approval of Z-S-2021-0008 to amend portions of Title 9 in the Simi Valley Municipal Code to establish objective design standards for developing two-unit residential developments and establish rules and regulations for subdividing single- family residential properties in response to State Senate Bill 9 ( SB-9); and a determination that the amendments are exempt from the California Environmental Quality Act (CEQA).

BACKGROUND AND OVERVIEW
On September 16, 2021 Governor Newsom signed new housing laws , including SB-9, which will become effective on January 1, 2022. This bill will allow property owners, within single-family zones, the ability to:
• Develop up to two residential units on a single lot (by adding either two new units or one new unit to one existing unit); and
• Creation of a two -lot subdivision, subject to certain criteria being met (two units may also be constructed on each lot).

These types of requests will be processed ministerially , without a public hearing or discretionary approval.

On October 6, 2021 staff made a presentation to the Planning Commission providing an overview of new State housing laws which included SB-9. Staff also provided the presentation to the City Council on October 25, 2021, which resulted in the City Council AGENDA ITEM NO.

11.A.1 ________________
EXHIBIT 1
65 Z-S
P2021-0008 PC Staff Report(sy) 2
directing s taff to prepare an ordinance addressing SB -9. The ordinance would provide objective design standards and establish rules and regulations for subdividing single- family residential properties.

In order to be consistent with the requirements of SB -9 and establish objective development standards in conjunction with this bill, Staff will be presenting to the City Council an Urgency Ordinance at its December 20, 2021 meeting. The proposed Ordinance that is included in this Staff Report will then be forwarded to the City Council as an Urgency Ordinance, with the inclusion of the Planning Commission’s comments , for their consideration.

ANALYSIS
SB-9 will become effective on January 1, 2022 and will create and amend the following California Government Code Sections:
• Section 65852.21 – A new section that requires ministerial approval of no more than two residential units within a single- family residential zone if certain requirements are met; and allows for local agencies to impose objective zoning, subdivision and design review standards;
• Section 66452.6 – Is amended to require ministerial approval of urban lot splits; and
• Section 66411.7 – A new section that sets out the requirements for parcel maps for an urban lot split and requires ministerial approval if the proposed lot split meets certain standards. The State refers to “Urban Lot Split” as the residential properties that can be divided into two lots, pursuant to SB-9.

SB-9 will allow property owners the ability to:
• Develop up to two residential units on a single lot (either two new units or by adding one new unit to one existing unit); and
• Create a two-lot subdivision (Urban Lot Split), subject to certain criteria being met.

Each lot, then, could have up to two units on each lot.

These requests can be considered ministerially without discretionary review or public hearing, if the development meets specific criteria. These requirements include but are not limited to:
• The proposal will not require the demolition or alteration of an income restricted affordable unit in the moderate, low, or very low income category; • The proposal will not require the demolition or alteration of a unit that has been occupied by a tenant in the last 3 years;
• A maximum of 25 percent of the existing exterior structural walls of any dwelling unit will be demolished to accommodate the proposed duplex or subdivision; 66 Z-S
P2021-0008 PC Staff Report(sy) 3
• The property is not located in the Very High Fire Hazard Zone (unl ess designed to meet the high fire construction standards as further discussed in the report) , Alquist-Priolo Earthquake Fault Zone, 100 year flood zone ( unless certain mitigation measures can be achieved to determine buildable areas) , or a wildlife corridor;
• Neither the owner of the parcel being subdivided nor any person acting in concert with the owner , could have previously subdivided an adjacent parcel using an urban lot split;
• Local ordinances shall not preclude a unit size of up to 800 square feet; • Side yard and rear yard setbacks shall not be more than four feet for a single-story unit; and
• Any subdivided lots must have a minimum lot size of 1,200 square feet and each lot created by the lot split must be at least 40 percent of the original lot size.

Though SB-9 restricts agencies in regards to processing of a proposed subdivision, it does allow a local agency to impose objective zoning, design and subdivision standards as long as the standards do not prevent the above- referenced requirements from being met.

Proposed Municipal Code Amendments
In response to SB -9, staff proposes amendments to the Simi Valley Municipal Code (SVMC) to adopt objective zoning, subdivision, and design standards. To accomplish this, the following SVMC sections will be added or amended:
• SVMC 9-24.030 – Add Two-Unit Residential Development as a permitted use to the Allowed Uses and Permit Requirements Table 2.2.
• SVMC 9-24.080 – Introduction of Two-Unit Residential Development Standards. • SVMC 9-61.035 – Introduction of Filing and Processing of Two-Unit Residential Tentative Parcel Maps (Urban Lot Splits).
• SVMC 9-80.020 – Provide definitions related to SB-9 nomenclature.

The proposed amendments will give the Director of Environmental Services authority to ministerially approve SB-9 requests without a public hearing as long as the proposed project meets the City’s objective standards and state law requirements . The following summarizes the proposed zone text amendments for filing Two-Unit Residential Tentative Parcel Maps (Urban Lot Splits), and are identified in Exhibit A of the attached Resolution.

1. Permitted Use (SVMC 9-24.030, Table 2.2)
A new Land Use classification is recommended to be included in SVMC Section 9-24.030, Table 2.2 for SB -9. The proposed L and Use is to be called Two- Unit Residential Development, which is defined as no more than two units located on a single lot. The 67 Z-S
P2021-0008 PC Staff Report(sy) 4
residential units may be located in a single building that contains two residential units (al
so known as a duplex) or in two detached buildings. The new use will be permitted ministerially in the Open Space (OS), Residential Estate (RE), Residential Very Low (RVL), Residential Low (RL), Reside ntial Medium (RM), and Residential Planned Development (RPD) Zoning Districts. The partially revised 9-24.030, Table 2.2 is shown below.

TABLE 2-2
Allowed Uses and Permit
Requirements for
Residential and Open Space Zoning
Districts
P Permitted Use(2)
CUP Conditional Use Permit required
HP Home Occupation Permit required
— Use not allowed
LAND USE(1) PERMIT REQUIRED BY DISTRICT Specific Use
Regulations OS RE RVL RL RM RMod RH RVH MH
Two-Unit
Residential
Development
P P P P P — — — — 9-24.080

2. Two-U
nit Residential Development (SVMC 9-24.080)
A new SVMC Section will be created to establish development standards for T wo-Unit Residential Developments. This section will address prohibited development, the number of units allowed, site and vehicular access, parking, compliance with the City’s Hillside Performance Standards, and objective design standards, as follows:

A. Prohibited Development: Two-Unit Residential Development use is not permitted as follows:
(1) If the proposal requires the demolition or alteration of income restricted units or units that were previously used as rental housing in the last three years; (2) No more than 25 percent of the existing exterior structural walls on-site can be demolished to construct and/or subdivide the property;
(3) The property must be located outside the Alquist-Priolo Earthquake Fault Zone, 100 Year Flood Zone areas (unless certain mitigation measures can be achieved to determine buildable areas), and Wildlife Corridors. If a property is located within the Very High Fire Zone, the residential units must be designed to meet the high fire construction standards of the California Building Code; and
(4) Properties already developed with two or more residential units cannot use the provisions of this code to add floor area, residential units or make any other alterations to the buildings or site.
68 Z-S
P2021-0008 PC Staff Report(sy) 5
B. Number of Residential Units Allowed : A maximum of four units are allowed for a Two-Unit Residential Development. In other words, if an existing lot is divided into two parcels, then each newly created parcel can have a maximum of two units.

The Two-Unit Residential Development can be accomplished as follows:
(1) A property developed with one ( 1) single-family residence can add one (1) detached SB-9 unit plus an ADU and JADU to the property, in which case the urban lot split is not available. Maximum of four (4) units. (2) A property developed with one (1) single-family residence can add one (1) attached SB-9 unit plus two detached ADUs to the property, in which case the urban lot split is not available. Maximum of four (4) units. (3) A property developed with one ( 1) single-family residence, ADU and/or JADU can add one ( 1) SB-9 unit, in which case the urban lot split is not available.

Maximum of four (4) units.
(4) A property developed with one (1) single-family residence can split the lot and add one (1) SB-9 unit to the lot with the residence. On the new lot they can construct two (2) new SB-9 units. No new ADU/JADU is allowed on either lot.

Maximum of four (4) units between the two (2) lots.

The housing units can be incorporated entirely within an existing residential unit , or incorporated entirely within an existing accessory building, including garages ; or can be new attached or detached units, configured as mentioned above. A two- unit residential development in any of the configurations described above may be added to a newly created lot concurrently with an approval for a two-unit residential lot split, pursuant to SVMC Section 9- 61.035; however, the provisions of that section shall not be used to permit more than two units on a lot.

C. Existing ADU/JADU’s: Existing properties with an existing Accessory Dwelling Unit (ADU) or Junior Accessory Dwelling Unit ( JADU) constructed prior to January 1, 2022: the units may be located on a property with a proposed Two-Unit Residential Development, and will count towards the number of housing units on the lot.

D. Accessory Dwelling Units: New accessory dwelling units (ADU) are permitted on properties with a proposed Two- Unit Residential Development , if the lot is not subdivided. However, if a property with a proposed Two- Unit Residential Development is subdivided no new ADU or JADU is permitted on either property.

E. Accessory Buildings Allowed: Residential accessory structures such as garages, not attached to the dwelling units , and storage sheds may be permitted pursuant to 9-44.160. Accessory Structures.

F. Rental Terms: Each unit may be rented separately however rental terms may not be less than 31 consecutive days.
69 Z-S
P2021-0008 PC Staff Report(sy) 6
G. Access to the Public Street: Every residential unit will be required to either face the public street or have frontage on a public street or access to a public street , as described below:
(1) Vehicle Access. When a lot is split under the provisions of this code, vehicle access must be provided by a paved driveway that complies with City Ordinance requirements.
(2) Pedestrian Access. Pedestrian access must be provided to all units consisting of a pathway from the primary entrance of each unit to the adjoining sidewalk, street or alley.

H. Parking: One covered off-street parking space in a garage will be required for each unit and must be located on the same lot as the residential units they serve. In order to meet parking requirements, tandem parki ng inside a garage will be allowed. Parking for existing ADU/JADU’s will remain as required per SVMC 9 -

44.160.

I. Hillside Subdivision Requirements : Proposed lot splits on properties with slopes greater than 20 percent must m eet the requirements of SVMC Section 9- 32, Hillside Performance Standards.

J. Tentative Parcel Map: Any lot subdivided ( urban lot split) under the provisions of this code section must be submitted in accordance with SVMC Section 9- 61, Tentative Map Filing and Processing , and comply with the requirements of proposed SVMC Section 9-61.035, Filing and Processing of Two-Unit Residential Tentative Parcel Map.

K. Objective Development Standards: SB-9 does allow local jurisdictions to establish Objective Development Standards in order to help regulate the subdivision and two-unit residential development as follows:
(1) Maximum floor area and unit size: Maximum unit size is determined based on the size of the existing residence and the size of the lot. a. One new attached unit – limited to 50 percent of the living area of the existing residence. Maximum unit size is 800 square feet. b. One converted unit – limited to the footprint of the structure. Maximum unit size is 800 square feet.
c. New Detached Unit or New Duplex – Unit size is determined by the size of the lot. Each unit must not exceed the maximums set below:
i. Lots up to 5,000 square feet: 800 square feet maximum. ii. Lots 5,001 to 8,000 square feet: 1,000 square feet maximum. iii. Lots 8,001 square feet or larger: 1,200 square feet maximum. 70 Z-S
P2021-0008 PC Staff Report(sy) 7
(2) Building Sep aration: No detached one-story unit can be closer than 10 feet to any other main unit on the same property , and 20 feet if the new unit is two stories. No detached accessory structure can be closer than 6 feet to any other accessory building on the same lot.
(3) Setbacks: All structures in a two- unit residential development, including accessory buildings, will need to comply with the setback standards for the base zone, as outlined in SVMC 9-24.050, however, this section will allow side setbacks of 4 feet for single story buildings and 10 feet for two story buildings. (4) Architectural Review: All development will be subject to objective architectural design standards and design criteria as follows:
a. Garage Conversion. If a garage is converted to a new unit, the garage door opening shall be replaced with exterior wall coverings or residential windows and doors to match the existing residence.
b. Building Height. The building height for new residential units is limited to SVMC Section 9-30.060 and not to exceed the following:
i. 18 feet tall, maximum one-story when located closer than 10 feet to the side property line and 20 feet to the rear property line. ii. 30 feet tall and a maximum of two stories when located no closer than 10 feet from the side property line and 20 feet from the rear property line.

L. Authority for Subdivision Decisions (SVMC 9 -60.050): Properties eligible for development under the requirements of the Two- Unit Residential Development use are eligible for subdivision as a ministerial decision by the Environmental Services Director and the City Engineer. The decision maker authority is being recommended to be added to Table 6-1 located in SVMC Section 9-60.050 of the attached resolution.

M. Filing and Processing a Two-Unit Residential Tentative Parcel Map (SVMC 9-

61.035): I n order to allow property owners to subdivide their parcel, it is recommended to establish procedures for ministerial processing of Two- Residential Tentative Parcel Map ( Urban Lot Splits ) allowed under SB -9. The recommended procedures would establish the m aximum number of parcels and the minimum parcel size. The maximum number of parcels in a proposed subdivision would be no more than two, and a minimum parcel size of 1,200 square feet or no less than 40 percent of the original parcel size.

FINDINGS AND ALTERNATIVES
The proposed Two-Unit Residential Development Ordinance includes the adoption of Objective Zoning, Subdivision and Design Standards necessary for the implementation of SB-9.
71 Z-S
P2021-0008 PC Staff Report(sy) 8
For the Municipal Code amendments, findings of approval are required to be m ade. The proposed Two-Unit Residential Development Ordinance and applicable definitions and subdivision amendments are consistent with the following findings:

1. Development Code Text Amendment Finding (SVMC Section 9 -73.070): The amendment is consist ent with the General Plan, and in compliance with State Law (Government Code Section 65863.6) , in that the Two -Unit Residential text amendments are consistent with the following General Plan Land Use Policies:

General Plan Policy LU-2.1 (Housing) states: Provide opportunities for a full range of housing types, locations, and densities to address the community’s fair share of regional housing needs and to provide market support to economically sustain commercial land uses in Simi Valley. The mix, density, size and location of housing shall be determined based on the projected needs specified in the Housing Element as amended periodically. The proposed ordinance will continue to promote opportunities for a wide range of housing to address the community’s fair share of housing and provide a market to support the commercial land uses in Simi Valley.

Additionally, the proposed ordinance will be consistent with the recently amended Housing Element by providing more incentives for residents to have accessible housing options for all income levels.

General Plan Policy LU -5.1 (Development Compatibility) states: Locate and design development to assure compatibility among land uses, addressing such elements as building orientation and setbacks, buffering, visibility and privacy, automobile and truck access, impacts of noise and lighting, landscape quality, and aesthetics. The recommended text amendments will establish rules and regulations to ensure compatibility with the land uses for subdividing single-family residential properties.

Therefore, the proposed text amendments are consistent with the General Plan.

2. Development Code Text Amendment Finding (SVMC Section 9-73.070): The City has considered the effect of this amendment on the housing needs of the region and has balanced these needs against the public service needs of its residence and against available fiscal and environmental resources, in compliance with State law (Government Code Section 65863.6), in that the text amendments will increase the potentially available housing supply, in compliance with State law. The purpose of the newly adopted State law SB -9 is to streamline the process to approve housing units on single-family zoned properties in order to increase the number of housing units located throughout the State. In compliance with California Government Code Sections 6 6452.6, 65852.21, and 66411.7, the zoning text amendments provide objective zoning, subdivision, and design standards for property owners to follow for the creation of new housing on their properties; the objective zoning, subdivision and design standards do not preclude a property from being developed to meet the minimum requirements of State Law. Therefore, this finding has been met.

3. Development Code Text Amendment Finding (SVMC Section 9 -73.070): If the amendment by its term, limits the number of housing units which may be constructed on an annual basis, the applicable review authority shall make additional findings ; which explain and justify how the public health, safety, and welfare of the City are to 72 Z-S
P2021-0008 PC Staff Report(sy) 9
be promoted by the amendment ; which reduces the housing opportunities of the region, in compliance with State law (Government Code Section 65863.6), in that the proposed amendments will allow additional housing units to be constructed which will continue to fulfill the City’s housing needs.

ENVIRONMENTAL REVIEW AND CEQA REQUIREMENTS
The proposed amendments are exempt from review under the California Environmental Quality Act (CEQA; California Public Resources Code Section 2100, et seq.) and CEQA regulations (Title 14, California Code of Regulations Section 15000, et seq .) pursuant to the express statutory authorization in Government Code Sections 65852.21(j) and 66411.7 (n) for implementation of SB -9. The proposed amendments are intended to implement SB -9 and are therefore exempt from CEQA. In addition, the proposed amendments are exempt under CEQA Guidelines Section 15061(b)(3), which states that:
“A project is exempt from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” The proposed amendments provide objective zoning, subdivision, and design standards for the Two-U nit Residential Development Use type projects , as required by state law. Therefore, the amendments would not have a significant effect on the environment and are exempt from further review under CEQA. A copy of the Notice of Exemption is provided as Attachment A on page 27.
______
__________________________
Sean Gibson, Deputy Environmental
Services Director/City Planner
INDEX Page
Pl
anning Commission Procedure ..................................................................... 10 Resolution ........................................................................................................ 12 Exhibit A of Resolution – Proposed Text Amendments ......................... 15 Attachment A: Notice of Exemption .................................................................. 27 73 Z-S
P2021-0008 PC Staff Report(sy) 10

PLANNING COMMISSION PUBLIC HEARING PROCEDURE
HEA
RING DATE: December 15, 2021
Z-
S-2021-0008

1. CHAIRMAN: a) This is the time and place set for a public hearing on the consideration of Z-S-2021-0008, to amend portions of Title 9 of the Simi Valley Municipal Code to establish
objective design standards for developing two- unit
residential developments, and establish rules and
regulations for subdividing single -family residential
properties in residential zoning districts , in response to State Senate Bill 9; and a determination that the
Amendment is exempt from the California Environmental
Quality Act.
b)
Are there any ex parte communications to report?
c) Ma
y we have an oral report on this matter by staff?

2. STAFF: (Report)

3. AN
Y
COMMISSIONER: (Questions of staff)

4. CHAIRMAN: We will open the public testimony portion of the hearing.

5. CHAIRMAN: Is there anyone in the Chamber wishing to be heard on this matter? Do any members of the public wish to make
a public statement on zoom for this item and if so, please use the hand raise function on your computer or *9 on
your phone, staff will un-mute you when it is your turn.

6. AUDIENCE: (Comments)

7. CHAIRMAN: a) Are there any comments from staff regarding statements made during the public hearing? (Check with
Deputy Environmental Services Director/City Planner,
and staff members in the audience.)
b) If
there are no further questions, we will close the
public testimony portion of the hearing.
c) A
re there any comments or questions from members
of the Planning Commission?
74 Z-S
P2021-0008 PC Staff Report(sy) 11

8. ANY
COMMISSIONER: (Comments)

9. CHAIRMAN: May I please have a reading of the Resolution?

10. RE

CORDING
SECR ETARY: (Reads Number and Title of Resolution)

11. CHAIRMAN: The Chair will now entertain a motion.
12 . ANY
COM MISSIONER: I move to adopt a resolution recommending approval of Z-S-2021-0008, and the determination that the
Amendments are exempt from the California
Environmental Quality Act.
or
I m
ove to adopt a resolution to recommend denial the
Amendments.
[S
taff will prepare the resolution for the Planning Commission to ratify at the next meeting.]

13. CHAIRMAN: A motion was made by Commissioner ___________.

14. CHAIRMAN: May I have a Second?
15 . ANY
COMMISSIONER: I second the motion.

16. CHAIRMAN: Call for the vote.

17. CHAIRMAN: The motion (passes or fails).

18. CHAIRMAN: There is no Appeal period for the Zoning Text Amendments, and the item will proceed to the City
Council with the Planning Commission’s
recommendation.
or

19. ANY
COMMISSIONER: I move continuation of the matter until the meeting of ___. or

20. A
NY
COMMISSIONER: I move continuation of the matter to a date uncertain.

21. CHAIRMAN: Proceed to the next item.
75 RES. NO. SVPC 14-2021
Z-SP2021-0008 PC Staff Report(sy) 12
RESOLUTION NO. 14-2021 SVPC
A R

ESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF SIMI VALLEY RECOMMENDING TO THE

CITY COUNCIL APPROVAL OF CITY-INITIATED
MUNICIPAL CODE AMENDMENTS (Z -S-2021-0008) TO
REVISE PORTIONS OF TITLE 9 IN THE SIMI VALLEY

MUNICIPAL CODE, TO ESTABLISH OBJECTIVE DESIGN

STANDARDS FOR DEVELOPING TWO -UNIT

RESIDENTIAL DEVELOPMENTS, AND ESTABLISH RULES

AND REGULATIONS FOR SUBDIVIDING SINGLE-FAMILY

RESIDENTIAL PROPERTIES, IN RESPONSE TO STATE
SENATE BILL 9; AND A DETERMINATION THAT THE

AMENDMENTS ARE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.

WH
EREAS, on September 16, 2021 Governor Gavin Newsom signed new housing laws, including State Senate Bill 9 (SB-9), which requires ministerial processing and approval ofproposed housing developments containing two dwelling units per lot and the subdivision of one lot into two parcels, with no more than two units per parcel, within single-family zones; this bill will become effective on January 1, 2022; and WHEREAS, on Oct ober 6, 2021, the Planning Commission received a presentation on the new housing laws including SB-9; and WHEREAS, following the presentation to the City Council on October 25, 2021, the City Council instructed the Department of Environmental Services to prepare amendments to Title 9 of the Simi Valley Municipal Code to establish objective design standards and rules and regulations for developing two-unit residential developments and subdividing single-family residential properties in single-family zones as required by SB-9; and
WHEREAS, the proposed amendments to the Simi Valley Development Code will support the objectives and policies of the Housing Element of the City’s General Plan; and
WHEREAS, the proposed amendments are exempt from review under th e California Environmental Quality Act (CEQA; California Public Resources Code Section 2100, et seq.) and CEQA regulations (Title 14, California Code of Regulations Section 15000, et seq.) pursuant to Government Code Sections 65852.21(j) and 66411.7(n) as ordinances intended to implement SB -9. In addition, the proposed amendments are exempt under CEQA Section 15061(b)(3) as the amendments are covered by the common sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment.
76 RES. NO. SVPC 14-2021
Z-SP2021-0008 PC Staff Report(sy) 13

NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
SIM
I VALLEY DOES RESOLVE AS FOLLOWS:

SE CTION 1. The findings for approval for Z -S-2021-0008, contained in the Planning Commission staff report dated December 15, 2021, and incorporated herein by reference, are hereby recommended to the City Council for approval.

SECTION 2. Development Code Amendment Z-S-2021-0008, as specified in Exhibit A, attached hereto, is hereby recommended to the City Council for adoption.

SECTION 3 . The time within which judicial review must be sought for administrative decisions is governed by California Code of Civil Procedure Section 1094.6.

PASSED and ADOPTED this 15th day of December, 2021.

At
test:
______
___________________________ ______________________________ Stephanie Yates Allan C. Mann, Chairperson
Recording Secretary Planning Commission
Ap
proved as to Form: Approved as to Content:
______
___________________________ ______________________________ Dion O’Connell Sean Gibson
Assistant City Attorney Deputy Environmental Services
Director/City Planner
77 RES. NO. SVPC 14-2021
Z-SP2021-0008 PC Staff Report(sy) 14
I H
EREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Simi Valley, California, at a regular meeting held on December 15, 2021, by the following vote:

AYES:

NAY
S:

ABST
AIN:

ABSENT
:

AT
TEST:

Stephanie Yates
Recording Secretary
78 RES. NO. SVPC 14-2021
Z-SP2021-0008 PC Staff Report(sy) 15

EXHIBIT A
Pr
oposed Simi Valley Development Code Text Amendments (Z-S-2021-0008) (New language is shown as underlined, while deleted language is shown as strikethrough)
Part 1
SVMC – 9- 24.030 Residential and Open Space District Land Uses and Permit Requirements, Table 2- 2 Allowed Uses and Permit Requirements for Residential and Open Space Zoning Districts, is hereby amended to read as follows: (Note that only pertinent sections and sections that are being modified are shown).

Partial Table 2.2 Allowed Uses and Permit Requirements for Residential and Open Space Zoning Districts
TABLE 2-2
Allowed Uses and Permit Requirements for
Residential and Open Space Zoning
Districts
P Permitted Use(2)
CUP Conditional Use Permit required
HP Home Occupation Permit required
— Use not allowed
LAND USE PERMIT REQUIRED BY DISTRICT Specific Use
Regulations OS RE RVL RL RM RMod RH RVH MH
…..

RESIDENTIAL
USES
Accessory
residential uses and
structures
P P P P P P P P P 9.52-050
…..

Accessory dwelling
unit
P P P P P P P P P 9-44.160
Junior Accessory
Dwelling Unit
P P P P P P P P — 9-44.160
Single-family
dwellings
P P P P P P — — —
Two-Unit
Residential
Development
P P P P P — — — — 9-24.080
79 RES. NO. SVPC 14-2021
Z-SP2021-0008 PC Staff Report(sy) 16
Part 2
SVMC – 9- 24.080 – Two-Unit Residential Development is a new Development Code Section that describes the standards for residential development resulting from lot splits pursuant to SB -9 as codified in Government Code Section 65852.21 and 66411.7, as follows:
9-24.080 Two-Unit Residential Development
A. Purpose. The intent and purpose of this Section is to provide development and objective standards for two-unit residential developments as required by state law.

B. Applicability. Pursuant to California Government Code Sections 66452.6, 65852.21 and 66411.7, the division of land and provisions for two-unit residential development in the OS, RE, RVL, RL, RM, and RPD zones, shall be subject to the standards set forth in this section.

C. Authority. Requests for a two- unit residential development that comply with the requirements of this section shall be approved by the Deputy Environmental Services Director with a Supplemental Zoning Clearance.

D. Qualifying Two -Unit Residential Developments. Qualifying two- unit residential developments are as defined in Government Code Section 65852.21. The reductions and exceptions in this section apply only to two- unit residential development in the OS, RE, RVL, RL, RM, and RPD zones, and any development on a lot or subdivided lot approved as a two-unit residential tentative parcel map pursuant to Chapter 9-61, Tentative Map Filing and Processing.

E. Prohibited Development. Two-unit residential development as described in this section shall be prohibited in the following locations and circumstances, pursuant to state law and as further specified below:

1. Rental Units. Two-unit residential development shall not require the demolition or alteration of any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
b. Housing that has been occupied by a tenant in the last three years.

2. Prior Removal of Rental Units. Two Unit Residential Development shall not occur on a parcel on which an owner of residential real property has exercised the owner’s right under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits and application. 80 RES. NO. SVPC 14-2021
Z-SP2021-0008 PC Staff Report(sy) 17

3. Demolition. No more than 25% of the exterior walls of the existing structure may be demolished unless the site has not been occupied by a tenant in the last 3 years.

4. Substantial Redevelopment . Two -unit residential development shall not include the substantial redevelopment of existing buildings, unless the replacement building conforms to current development standards in the zoning district, or the replacement of a nonconforming structure is reconstructed in the same location and with the same dimensions and floor area as the existing building.

5. High Fire Hazard Areas . Two-unit residential development shall not be permitted within the Very High Fire Hazard Zones, unless proposed buildings are designed to meet the high fire construction standards adopted or enforced by the City, as determined by the Building Official, the Ventura County Fire District, or the State Fire Marshall, including, but not limited to, any requirement for fire sprink lers. No variance or modification to any Building or Fire Code requirements or high fire construction standards shall be permitted.

6. Restricted Areas. Two-unit residential development shall not be permitted within the Alquist-Priolo Earthquake Fault Zone, 100 year flood zone, or the Habitat Connectivity and Wildlife Corridor unless proper mitigations are approved by the Building Official, Environmental Services Director, Public Works Director, or related agencies.

7. Historic Resources. Two-unit residential development shall not be permitted on a lot with a designation as a historic property, or is a property included on the State Historic Resources Inventory, County Landmark or Structure of Merit on the Ventura County Historical Landmarks and Points of Interest or listed in the General Plan.

F. Number of Residential Units Allowed. The new units in a two- unit residential development may be permitted in the following configurations, provided that no more than two attached or detached residential units are in any one building on a lot. No more than four units shall be allowed on the original single-family lot. For the purpose of this section, “unit” means any dwelling unit, including, but not limited to, additional residential unit, primary residential unit, accessory dwelling unit (ADU), or junior accessory dwelling unit (JADU). The allowed configurations are as follows:

1. One new unit incorporated entirely within an existing residential unit.

2. One new unit incorporated entirely within an existing accessory building, including garages.

3. One new unit attached to, and increasing the size of, an existing residential unit or an existing accessory building.
81 RES. NO. SVPC 14-2021
Z-SP2021-0008 PC Staff Report(sy) 18

5. Two newly constructed attached units (duplex) or two detached residential units on a vacant lot.

6. A two-unit residential development in any of the configurations described above may be added to a newly created lot concurrently with an approval for an urban lot split, pursuant to Chapter 9- 61 Tentative Map Filing and Processing and Section 9-61.035, Filing and Processing of a Two- Unit Residential Tentative M ap; however, the provisions of that Chapter shall not be used to permit more than two units on a lot.

7. If the property has an ADU or JADU constructed prior to January 1, 2022 they may be located on a property with a proposed Two- Unit Residential Development ; however, a lot split would be prohibited in that instance.

G. Accessory Dwelling Units. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) may be permitted concurrently or subsequent ly to a two -unit residential project, pursuant to SVMC Section 9- 44.160. However, properties subdivided pursuant to SVMC Section 9-61.035 are not permitted to have an ADU or JADU in addition to the two-unit residential development. No more than four units are allowed on the original single-family parcel. ADUs and JADUs may only be added to Two-Unit Residential projects in the following configurations:

1. A property developed with one (1) single-family residence can add one (1) two-unit residential development unit plus an ADU and JADU to the property. Maximum of four (4) units.

2. A property developed with one (1) single-family residence, ADU and/or JADU can add one (1) SB-9 unit. Maximum of four (4) units.

3. A property developed with one (1) single-family residence can split the lot and add one (1) SB-9 unit to the lot with the residence. On the new lot they can construct two (2) new SB-9 units. No new ADU/JADU is allowed on either lot. Maximum of four (4) units between the two (2) lots.

4. A property developed with one (1) single-family residence, a detached ADU and/or JADU may split the lot using SB -9 if the detached ADU can be configured on the second lot. On the new lot, one (1) new SB-9 unit may be constructed. No new ADU or JADU is allowed on either lot. No new units may be constructed on the lot with the existing residence, ADU and/or JADU. Maximum of four (4) units between the two (2) lots.

H. Accessory Structures Allowed. Residential accessory buildings, such as garages that are not attached to the new residential unit may be permitted concurrently or subsequently to a two-unit residential development project, pursuant to SVMC Section 82 RES. NO. SVPC 14-2021
Z-SP2021-0008 PC Staff Report(sy) 19
9-30.080 Setback and Separation Requirements. The maximum accessory building floor area shall apply to the lot as a whole, and not per residential unit. The cumulative square footage of all structures shall not cover more than 40% of any yard as defined in Section 9-80.020 of the SVMC. Structures shall include all residences, accessory buildings, sheds, gazebos, or other permitted structures.

I. Nonconforming Development. OS, RE, RVL, RL, RM, and RPD zoned lots already developed with two or more existing residential units, shall not use the provisions of this section to add floor area or residential units, or make any other alterations to the buildings or site otherwise prohibited by this Ordinance, unless the development complies with all of the standards of this Section.

K. Property Ownership. Two-Unit Residential Development requires a property owner to occupy one unit as their primary residence for a minimum of three years.

L. Tree Removal . If a property applies for subdivision under Two- Unit Residential Development regulations and contains a protected tree as defined in the Zoning Code, a tree report must be submitted and the regulations of Chapter 9- 38 Tree Preservation, Cutting and Removal must be followed.

M. Outdoor Lighting. All outdoor lighting shall comply with the objective standards in the City’s outdoor lighting ordinance Chapter 9-30.040.

N. Undergrounding of Utilities. Existing onsite overhead utility lines shall be installed underground in compliance with SVMC Section 9-30.080.

O. Landscape Plans. A complete landscaping and irrigation plan pursuant to the City’s published design guidelines shall be submitted to and approved by the Environmental Services Division prior to the issuance of Zoning Clearance for a two- unit residential development. All landscape plans shall comply with the following front yard landscaping requirements in 9- 33.030 Landscape Requirements and 9- 33.040 Maintenance Requirements.

3. Pedestrian Access. When a lot is not split under the provisions of this code, pedestrian access to a public street or alley shall be provided with an exterior pedestrian pathway from the primary entrances of each unit to the adjoining sidewalk, street, or alley. The pedestrian pathway shall be unobstructed, clear to the sky, and meet the following standards:
a. Minimum Width: Pedestrian pathways serving one or two units: 3 feet wide. b. Maximum Length: Pedestrian pathways shall not be more than 200 feet in length.
c. Slope: Running grade shall not exceed 5% and cross slope shall not exceed 1:50.
d. Materials : Minimum 4-inch-thick concrete, or concrete or brick pavers placed hand tight or mortared, on compacted subgrade or aggregate base, or other techniques or materials providing equivalent service. Gravel, mulch, dirt, stepping stones, or other similar loose materials that do not create a continuous passage are prohibited.
e. Lighting . Pedestrian pat hways more than 100 feet in length , shall provide lighting at intervals not to exceed 50 feet.
f. Addressing. All addresses for residential lots using a shared driveway, must be displayed, for emergency responders, at their closest point of access to a public street and must comply with SVMC Section 8-21.17.

Q. Parking. One off-street automobile parking space, which shall be covered in an enclosed garage, is required for each unit in a two-unit residential development, except as exempted below.

2. Tandem Parking. Tandem parking inside a garage is allowed.

3. Location. Required parking must be on the same lot as the residential unit served.

4. Parking not required. Parkin g is not required for a Two- Unit Residential development when:
a. A property is located within ½ mile walking distance of either a high- quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
b. If there is a car share vehicle located within one block of the parcel.

R. Hillside Subdivision Requirements. Lot splits proposed on properties that are located on slopes 20 percent or greater, are subject to the Chapter 9- 32 - Hillside Performance Standards.

1. Building Permit Required. Two-unit residential development shall comply with applicable state and local building codes and shall require approval of a building permit. The City shall ministerially approve or disapprove a complete building permit application for a two- unit residential development in compliance with state law and this section.

2. Basis for Denial . A two-unit housing development may be denied if the Building Official finds that the proposed development project would have a specific, adverse impact upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

3. Recorded Agreement. Before obtaining a building permit for a two-unit residential development, the property owner shall execute an agreement in a form acceptable to the City Attorney, containing a reference to the deed under which the property was acquired by the present owner which outlines any limitations on rental terms of a two -unit residential development, any limitations with respect to owner occupancy that may be imposed in accordance with state law, and any limitations on further lot splits that may be imposed in accordance with state law.

T. Objective Development Standards. Except as otherwise specified in this section, two-unit residential development shall comply with the objective development standards applicable to a principle or primary residential use on a lot for the housing type and base zone in which the lot is located, as follows:

1. Exceptions: The reductions and exceptions to the development standards normally applicable to residential development allowed in this section are for the express purpose of promoting the development and maintenance of more than one dwelling unit on the lot in accordance with state law requirements. If for any reason the development is not maintained on the lot in conformance with this section, the 85 RES. NO. SVPC 14-2021
Z-SP2021-0008 PC Staff Report(sy) 22
lot shall be brought into compliance with all of the requirements for the residential development, or with the legal nonconforming condition of the lot prior to the development of the two-unit residential development, including, but not limited to, the requirements for open yard, setbacks, and covered parking.

3. Maximum Floor Area and Unit Size. The maximum allowable floor area shall apply to the lot as a whole, and not per residential unit. Notwithstanding the foregoing requirement, the maximum unit size is as follows:
a. One New Attached Unit. A new unit that is attached to, and increasing the size of, an existing residential unit shall not exceed 50% of the living area of the existing residential unit, provided that each unit is a maximum of 800 square feet.
b. One Converted Unit. A new unit that is incorporated entirely within an existing residential unit, or within an existing accessory building, is not limited in size except that it shall not exceed the footprint of the existing structure, unless the new unit is under 800 square feet, then the existing residential unit can be increased to a maximum of 800 square feet.
c. New Detached Units or New Duplex . Any newly constructed unit that is detached from another unit and which may or may not be attached to a garage or other accessory building, or when two newly constructed attached units (duplex) are proposed, each unit shall not exceed the following maximum unit size:
(1) Lots up to 5,000 square feet: 800 square feet maximum. (2) Lots 5,001 to 8,000 square feet: 1,000 square feet maximum. (3) Lots 8,001 to 10.000 square feet or larger: 1,200 square feet maximum.

4. Building Separation. Unless attached to and made a part of the primary residential unit pursuant to Section 9- 30.080, Setback and Separation Requirements and Exceptions, no detached primary residential unit shall be closer than 10 feet , if single story, and 20 feet, if two story, to any other primary residential unit located on a separate lot; and no detached accessory building shall be closer than 6 feet to any other main or accessory building on the same lot.

5. Setbacks. All structures in a two-unit residential development, including accessory buildings, shall comply with the setback standards for the base zone, as shown in SVMC Section 9-30.080.D, Table 3-2; with the following exceptions:
86 RES. NO. SVPC 14-2021
Z-SP2021-0008 PC Staff Report(sy) 23
a. Side Setback. The side setback may be four feet for a one- story building, and portions of the residential unit, not exceeding 18 feet in height. Second stories, and portions of a building exceeding 18 feet , up to a maximum of 30 feet in height, shall have a setback of 10 feet.
b. Conversion. No additional setback is required to convert the existing, legally permitted, floor area of a main or accessory building to two- unit residential development. Improvements to existing nonconforming buildings, including conforming additions, are allowed pursuant to Chapter 9- 72, Nonconforming Structures, Site Development, and Uses.
c. Substantial Redevelopment. No additional setback is required when an existing main or accessory building is substantially redeveloped and converted to a two- unit residential development, provided that the new building is reconstructed in the same location and with the same dimensions and floor area as the existing building and complies with all other requirements of state law. d. Flag Lots. Setbacks for flag lots shall be measured in accordance with SVMC Section, 9-30.080 (C)(5).
e. Architectural Features and Accessory Structures . Setbacks for architectural features and accessory structures shall comply with SVMC Section 9-30.080.D Table 3-2.
f. For all other setbacks refer to Municipal Code Chapter 9-24.

Part 3
SVMC – 9-60.050 – The Application Filing and Processing section is hereby amended to read as follows: (Note that only the section that is being modified is shown.) 9-60.050 Advisory Agency
Table 6-1 identifies the Advisory Agency for each type of subdivision and other decision required by this Article, and the roles of each Advisory Agency and other review authority in the application review process. In all cases, the Advisory Agency shall have the authority and responsibility to make all required findings, and approve, conditionally approve, or disapprove the matters assigned to them in compliance with this Article and the Map Act, with rights of appeal assigned as noted in Table 6 -1. Table 6-1 is modified as follows:

TABLE 6-1 - AUTHORITY FOR SUBDIVISION DECISIONS
Type of
Subdivision
Application or
Decision
Advisory
Agency
Role of Advisory Agency and Review Authority(1)
Planning
Director
City
Engineer
Planning
Commission
City
Council
…..

Two-Unit
Residential
Tentative Parcel
Map (Ministerial)
Director Decision Recommend N/A N/A
Part 4
Pursuant to California Government Code Sections 66452.6, SVMC – 9- 61.035 – Filing and Processing of a Two-Unit Residential Tentative Parcel Map (Urban Lot Split) is a new Development Code Section that describes the standards for residential development resulting from lot splits pursuant to SB -9 as codified in Government Code Section 65852.21, as follows:
9-61.035 Fi ling and Processing of a Two-Unit Residential Tentative Parcel Map A. Eligibility.

1. The parcel was not previously split under the provisions of this Chapter; 88 RES. NO. SVPC 14-2021
Z-SP2021-0008 PC Staff Report(sy) 25

2. The parcel map subdivides an existing parcel to create no more than 2 new parcels; and

3. The minimum lot size must be 1,200 square feet. No parcel may be less than 40% of the original lot size.

4. Owner Occupancy. Owner must occupy unit as primary residence for a minimum of 3 years from approval of final map
B. Approval Process

1. The City shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review;

4. The City may require conditions when considering an application for a parcel map for an urban lot split;
a. Easements required for public services and facilities b. Easements required for access to the public right of way for vehicles, pedestrians or public utilities.

5. The City shall require an applicant for an urban lot split to sign an affidavit stating that they intend to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approved lot split.

Part 5
SVMC – 9-80.020 – The Definition of Specialized Terms and Phases is hereby amended to read as follows: (Note that only the section that is being modified is shown.) 9-80.020 - Definitions of Specialized Terms and Phrases As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise.

A. Definitions, “T”
Two-Unit Residential Development: A development with n o more than two residential units located on a single lot in a single -family residential zone. The 89 RES. NO . SVPC 14-2021
Z-SP2021-0008 PC Staff Report(sy) 26
residential units may be located in a single building that contains two residential units (also known as a duplex) or in two detached buildings.

Two-Unit Residential Tentative Parcel Map: Also known as an Urban Lot Split, as referenced under State Senate Bill 9 and as codified in Government Code Section 66411.7. An Urban Lot Split is a Two-Unit Residential Tentative Parcel Map which creates no more than 2 parcels from an existing conforming parcel in a single- family residential zone.

B. Definitions, "U."
Unit: See Dwelling Unit
Urban Lot Split: See Two-Unit Residential Tentative Parcel Map 90 NOTICE OF EXEMPTION
To: Ventura County Clerk
800 S. Victoria Avenue
Ventura, CA 93001
From: City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
Project Title: Z-S-2021-0008: City-initiated text amendments to revise portions of Title 9 of the Simi Valley Municipal Code to allow Two-Unit Residential developments in response to State Senate Bill 9
Project Location - Specific: _C_it_y�w_id_e ________________________ _ Project Location - City : _____ S_im_i _V_a_ll_e_,_y ___ _ Project Location - County: Ventura Description of Project: The proposed text amendments would provide for ministerial approval of no more than two residential units within a single-family zones and allow for ministerial lots splits if certain requirements are met and impose objective zoning, subdivision and design review standards.

Lead Agency
Contact Person: Elizabeth Richardson
X Signed by Lead Agency
Area Code/Telephone (805) 583-6334
Date: t2- lo-'2..\ Title: Associate Planner
Dept. of Environmental Services

ATTACHMENT A
27 91

EXHIBIT 2

SUPPLEMENTAL CITY COUNCIL STAFF
REPORT

DECEMBER 20, 2021

92 SupplementalZ-S-2021-0008 SB 9CCmtg12-20-21(klk)

CITY OF SIMI VALLEY

MEMORANDUM

December 20, 2021

TO: City Council

FROM: Department of Environmental Services

SUBJECT: AN URGENCY ORDINANCE TO ESTABLISH OBJECTIVE DESIGN

STANDARDS FOR DEVELOPING TWO -UNIT RESIDENTIAL

DEVELOPMENTS, AND ESTABLISH RULES AND REGULATIONS FOR

SUBDIVIDING SINGLE -FAMILY RESIDENTIAL PROPERTIES, IN
RESPONSE TO STATE SENATE BILL 9 (SB 9), A DECLARATION OF

THE URGENCY THEREOF, AND A DETERMINATION THAT THE

AMENDMENTS ARE EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT

Subsequent to preparation of this staff report, on the evening of December 15, 2021, staff presented to the Planning Commission a draft of a proposed ordinance amending the Simi Valley Municipal Code that would establish permanent SB 9 regulations (Z-S-2021- 0008). The Planning Commission recommended that City Council approve, at its meeting on December 20, 2021, an urgency ordinance, containing uncodified provisions that are substantially the same as those reflected in Z -S-2021-0008, with some minor changes.

These edits are shown below in strike through and underline format. Page numbers refer to the City Council staff report package and the numb er or letter reference will be found on the page.

Page 15 ends

Second to last word should be “an.”

Page 16 ends

Substantial Redevelopment. Two -unit residential development shall not include the substantial redevelopment of existing buildings, unless the replacement building conforms to current development standards in the zoning district, or the replacement of a nonconforming structure is reconstructed in the same location and with the same dimensions and floor area as the existing building in accordance with Simi Valley Municipal Code (SVMC) 9-72.040 (B)(1).

Page 16 ends

Restricted Areas. Two -Unit Residential Development shall not be permitted within the Alquist-Priolo Earthquake Fault Zone, 100 year flood zone, or the Habitat Connectivity and Wildlife Corridor unless proper mitigations are approved by the Building Official (Alquist-Priolo Earthquake Fault Zone ), Environmental Services Director (Habitat Connectivity and Wildlife Corridor), or Public Works Director (100 year flood zone).

SUPPLEMENTAL
AGENDA ITEM NO.

93 SupplementalZ-S-2021-0008 SB 9CCmtg12-20-21(klk)

Page 17 ends

Accessory Dwelling Units. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) may be permitted concurrently or subsequently to a two -unit residential project. However, properties parcels subdivided as an urban lot split are not permitted to have an ADU or JADU in addition to the Two-Unit Residential Development.

No more than four units are allowed on the original single-family parcel. ADUs and JADUs may only be added to Two-Unit Residential projects in the following configuration:

Page 17 ends

Accessory Structures Allowed. Residential accessory buildings, such as garages that are not attached to the new residential unit may be permitted concurrently or subsequently to a Two -Unit Residential Development project, pursuant to SVMC Section 9 -30.080 Setback and Separation Requirements. The maximum accessory building floor area shall apply to the original parcel, and not per residential unit. The cumulative square footage of all structures shall not cover more than 40% of the rear yard area as defined in Section 9-80.020 of the SVMC. Structures shall include all residences, accessory buildings, sheds, gazebos, or other permitted structures.

Additional Planning Commission Recommendation

The Planning Commission also recommended that City Council direct staff to return to the Planning Commission at a date uncertain to address specific issues of concern that would inform the City’s development of the permanent SB 9 regulations. In particular, the Planning Commission asked that staff research and provide a comparison between the different standards that apply to SB 9 units and Accessory Dwelling Units (ADUs). The Planning Commission expressed particular interest in the differences in respective development standards (e.g. setbacks, lot coverage, height limits), parking requirements, the type of parking required (garages, carports, or uncovered parking), and vehicle access to SB 9 and ADU parking locations. Clarification was also needed on enforcement and i mplementation of enforcement of parking within garages and sharing garages between units on the same parcel.

____________________________________
Stratis Perros
Environmental Services Director

Prepared by: Elizabeth Richardson, Associate Planner

Simi Valley City CouncilJanuary 24, 2022

Simi Valley City Council
January 24, 2022