Staff Report - Part 1 — Simi Valley City Council, February 28, 2022

PDS20210005etalCCmtg2-28-22(klk)

CITY OF SIMI VALLEY

MEMORANDUM
February 28, 2022
TO: City Council
FROM: Department of Environmental Services
SUBJECT:A PUBLIC HEARING TO CONSIDER A REQUEST FROM SANTA SUSANA GRF2, LLC., FOR THE APPROVAL OF A PLANNED
DEVELOPMENT PERMIT, PD-S-2021-0005; TENTATIVE PARCEL MAP, TP-S-2021-0001; AND AFFORDABLE HOUSING AGREEMENT AHA-
2021-0001, FOR THE CONSTRUCTION OF A MIXED-USE PROJECT
CONTAINING 280 APARTMENT UNITS WITH 14 UNITS SET ASIDE FOR QUALIFIED VERY-LOW INCOME RENTERS, 4,750 SQUARE FEET OF COMMERCIAL SPACE, THE SUBDIVISION OF THE PROJECT’S SITE

INTO THREE PARCELS, RELATED DEVELOPMENT INCENTIVE AND

WAIVERS, AND ADOPTION OF A MITIGATED NEGATIVE

DECLARATION AND MITIGATION MONITORING PLAN, LOCATED
AT 2196 TAPO STREET; AND ADOPTION OF RESOLUTIONS

RECOMMENDATION
The Planning Commission recommends that the City Council adopt Resolution No. 2022-08 (page) approving Planned Development Permit No. PD- S-2021-0005; Tentative Parcel Map No. TP-S-2021-0001, and the Mitigated Negative Declaration and Mitigation Monitoring Plan; and that a waiver is not necessary for the reduced size parking spaces.

The Affordable Housing Subcommittee recommends that the City Council adopt a Resolution No. 2022-09 (page) approving the Affordable Housing Agreement (AHA-2021-0001).

BACKGROUND AND OVERVIEW
The Applicant, Santa Susana GRF2, LLC, requests approval of a Tentative Parcel Map (TP-S-2021-0001) for the subdivision of an existing commercial site into three parcels, and a Planned Development (PD-S-2021-0005) for the construction of a mixed-use project consisting of four-stories, 280 apartment units and 4,750 square feet of commercial space on a 5.33-acre portion of the existing commercial center located on the east side of Tapo Street, approximately 180 feet south of Cochran Street (2196 Tapo Street). The project also includes an Affordable Housing Agreement for the provision of fourteen (14) affordable units set aside to very-low income qualified renters, and the request for one (1) development incentive and six (6) development waivers pursuant to State Density Bonus law. The General Plan Land Use designation for this site is Mixed-Use, and the zoning is Commercial Planned Development within the Tapo Area Planning Overlay (TAPO), Mixed Use Overlay Districts [CPD (TAPO)(MU)].

AGENDA ITEM NO.
4A
PDS20210005etalCCmtg2-28-22(klk)
On January 19, 2022, the Planning Commission held a public hearing on the project and recommended that the City Council approve the project, with additional comments and considerations described in the report below. On January 27, 2022, the Affordable Housing Subcommittee recommended approval of the draft Affordable Housing Agreement as presented.

FINDINGS AND ALTERNATIVES
Project Description
Tentative Parcel Map:

The Tentative Parcel Map will subdivide the subject property into three parcels as shown in Figure 1. The Mixed Use development area is contained in Parcel 2. Parcels 1 and 3 consist of the existing shopping center to remain. Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and a Common Area Operating and Maintenance Agreement (CAM) established for the common maintenance of the common areas, reciprocal access, and reciprocal parking will be required.

Figure 1: Tentative Parcel Map/Site Plan

PARCEL SIZE IN ACRES DESCRIPTION
1 0.69 Taco Bell (north east corner)
2 5.33 Project Site
3 8.55 Remainder of Shopping center and
access driveway to Cochran Street
TOTAL 14.57
Planned Development Permit & Tapo Street Corridor (TAPO):

As part of the revitalization of the 147,587 square foot Santa Susana Plaza, approximately 59,800 square feet of the shopping center will be demolished to allow for the construction of a four-story, 307,566 square foot, 280-unit residential project and 4,750 square feet of commercial space. The project also includes a 406 parking space, four-story, and 2 PDS20210005etalCCmtg2-28-22(klk)
161,932 square foot parking structure for the residents that is surrounded by the apartment building, thus not visible to the street. In addition, the project includes private recreational areas such as a pool, roof terrace, fitness center, private gathering areas, a common work area and lounge, in addition to a park available for use by the public. The redeveloped area will be located at the northern portion of the existing shopping center, within Parcel 2, south of the Taco Bell restaurant (Parcel 1) and Shell gas station (not a part of the shopping center).

The General Plan identifies the Santa Susana Plaza shopping center as an “Opportunity Area” and a potential site for redevelopment, as this center has suffered economically due to the loss of its vitality. The Mixed-Use Land Use designation provides an opportunity to revitalize the shopping center as well as the Tapo Street corridor, while providing much needed rental housing units.

The vision for the Tapo Street project area can be summarized as supporting a “Downtown-Like Atmosphere”. The vision is not to create a downtown in the sense that the project area will mimic or replicate a traditional California small town. Rather, the plan and guidelines are structured to incorporate some of the best principles and qualities of a downtown, allowing opportunities for individuals to live, work, shop and be entertained.

The primary goal for the Tapo Planning Area is to assist in the physical and economic revitalization of this area.1 As represented on the Applicant’s Tapo Street Rendering (Figure 2) of the proposed project, the project will activate the streetscape by providing ground-floor retail, terraces and open space areas that support the intent of the Tapo Planning Area goals of creating a “Downtown-Feel” atmosphere.

Figure 2 – Proposed Project – View from Tapo Street
1 Tapo Street Area Revitalization Plan Design Guidelines, City of Simi Valley, December 1997 3 PDS20210005etalCCmtg2-28-22(klk)
The project’s building design follows a contemporary Spanish architectural design and includes sand finish-painted stucco in white and beige colors, recessed windows, wood trellises, wrought iron railings at balconies, metal awnings, deep overhangs, flat roofs, tower elements with sloped tiled roofs, etc. (Figure 2). The rooftop terrace will be located on top of the third story facing Tapo Street and will be set back from the first and second floors approximately seven feet. The fourth story residential units will be stepped back 38 feet from the face of the first and second stories, providing a terraced design, which will help with the pedestrian-scale perception at the street level.

Figure 3 – View from Private Park
The building layout along Tapo Street will allow for additional landscaping for the live- work units, common creative office space for residential use and commercial space (Figure 2). The project will include amenities for the residents such as a gym, pool, rooftop terrace, common areas, and a private park (Figure 3). Parking will include surface parking located adjacent to the commercial space and a gated four-story parking structure that will be surrounded by the buildings.

Table 1 shows the unit mix. The 280 units equate to a density of 20.17 units per acre.

Table 1 – Type of Units

TYPE OF UNITNUMBER OF

BEDROOMS

UNIT SQUARE

FEET RANGE

QUANTITY
Live-Work 1 1,146 -1,384 10
Studio 0 468-514 42
One-Bedroom 1 518-862 165
Two-Bedroom 2 978-1,136 63
TOTAL 280
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Additional project description and analysis is included in the Planning Commission Staff Report (Exhibit 4). Refer to Exhibit 1 for reduced project exhibits.

Affordable Housing Agreement and Incentives/Waivers Requests The Applicant is providing fourteen (14) affordable housing units (AHUs) for very-low income qualified renters or 5% of the 280 units. Per Government Code Section 65915, this qualifies the project for a 20% Density Bonus, modified parking requirements, one incentive and multiple waivers as long as the waivers do not impose a life or safety hazard. In general, denial of an incentive or waiver requires a finding that the incentive or waiver, if granted, would have a “specific, adverse impact” on health, safety or the physical environment, and for which there is no mitigation (a “Safety Impact”). Denial by the City of any of the concessions or waivers would require either the specific written findings for a Safety Impact, or alternatively, under the definition of waivers, it would be necessary to find that the granting of the waiver is not required because the waiver in question does not “physically preclude” the construction of the Project.

The Applicant is not requesting a Density Bonus [Government Code 65915]. However, the Applicant has requested one incentive, as permitted by Government Code 65915 (d)(1), and six waivers, as allowed by Government Code 65915(e)(1). Refer to the Applicant’s letter “Request for Incentives and Waiver for the Santa Susana Mixed-Use Development Project,” dated January 11, 2022, included in Exhibit 7 of the Planning Commission Packet, for their explanation of the requested incentive and waivers.

Requested Incentive:

1. Increase of Allowable Number of Stories
Requested Waivers:

1. Reduce private open space requirement

2. Reduce storage area requirement

3. Reduce bicycle parking requirement

4. Reduce drive aisle requirement at parking structure entrance

5. Reduce size of 37 parking spaces

6. Relief from requirement of location of assigned parking spaces for the residential units
At the January 19, 2022, Planning Commission hearing, the Commissioners supported the incentive and most waivers, except for the waiver to reduce the size of 37 parking spaces. The Applicant requested a waiver to reduce the size of 37 parking spaces from the City’s standard of 9 feet wide by 18 feet in length to 9 feet wide by 15 feet in length.

Other jurisdictions, such as City of Los Angeles, allow compact parking spaces to be 7.5 feet wide by 15 feet long. The Applicant is proposing to maintain the full width of a regular space but reduce the length of the parking space. The Development Code does not allow compact spaces (traditionally narrower than a standard space); however, the Applicant is not proposing compact spaces, rather a reduction in the length of such spaces. It should be noted that at the Neighborhood Council #1 and #3 meetings, the public expressed support for having the additional parking spaces, rather than deleting them due to their reduced size. Staff has taken into consideration that the 9 feet wide by 15 foot long parking spaces seem adequate, that the Neighborhood Councils were in support of having the additional parking spaces, even if they were shorter, and that the project does 5 PDS20210005etalCCmtg2-28-22(klk)
provide a surplus of 74 parking spaces for the residential portion alone.Therefore, since the parking spaces in question are surplus parking, staff has determined that a waiver is not necessary and can be deleted from the request. Should the City Council agree with Staff’s determination, then the requested waiver can be deleted; and so reflected within the Affordable Housing Agreement.

Proposed Affordable Housing Units/RHNA:

The fourteen (14) proposed AHUs will be located throughout the complex. A summary of the AHU quantities, sizes, and current Ventura County rents are detailed in Table 2.

Table 2 – Summary of Proposed AHU and Current Market Rents # of
Bedrooms
Unit Quantity Unit Size
(sq. ft.)
Average Ventura County Rents
as of July 2021
(Ventura County Star – 11/7/21)
Studio 1 500 $1,716
One 9 650 $2,039
Two 4 1,000 $2,427
The initial rents, not including applicable utility allowances for each AHU in the Project, shall be determined subsequent to the AHU receiving its certificate of occupancy, consistent with 30% of the qualifying households’ income at the time of the initial lease signing. Based on the current HUD Area Medium Income (AMI) for Ventura County for very-low income (50% AMI), the current maximum rents for families of various sizes are identified below in Table 3. .

Table 3 – Maximum AHU Rents based on AMI Thresholds by Household Size Household Size Maximum Gross
Annual Income
Maximum Gross
Monthly Income
Maximum Monthly
Rent
One $39,550 $3,296 $989
Two $45,200 $3,767 $1,130
Three $50,850 $4,238 $1,271
Four $56,450 $4,704 $1,411
Five $61,000 $5,083 $1,525
According to the Ventura County Star, from 2020 to 2021, average rent in Ventura County has increased by 10.9%. In 2021, it was estimated that Ventura County renters need to earn 3.4 times the state minimum wage to afford the average monthly asking rent of $2,400 for a 2-bedroom unit. To maintain the balance of affordability and to allow the Developer to keep pace with its ongoing operating costs, rents may be increased by a maximum of five (5) percent on July 1 of each year, provided the increases do not exceed the maximum rent limits established by the AMI for Ventura County published by HUD.

The 2021-2029 Regional Housing Needs Assessment (RHNA) began on July 1, 2021.

While the City is not obligated to build housing, it must adopt land use policies and implement them in a manner that allow feasible opportunities to build housing units to meet the identified RHNA needs. The City’s RHNA allocation for the current cycle is 2,793 6 PDS20210005etalCCmtg2-28-22(klk)
housing units at various income levels. Table 4 details the City’s allocations by income level, projected development, the impacts of this proposed development, and the remaining unmet allocation. If the Project is approved and built, the City would satisfy 14 RHNA allocations in the Very Low Income category and the remaining 266 units would fully satisfy its Above Moderate Income allocations.

Table 4 – RHNA Allocation Summary
Housing Units
Very Low
(<50%
AMI)
Low
(51-80%
AMI)
Moderate
(81-120%
AMI)
Above
Moderate
(>120%
AMI)
Total
Potential
Housing
Units
RHNA Allocation 749 493 518 1,033 2,793
Pipeline Projects &
Projected ADUs 68 307 326 956 1,657
Santa Susana GRF2,
LLC 14 0 0 77 91
Remaining Unmet
Allocation 667 186 192 0 1,045
At its January 27, 2022 meeting, the Affordable Housing Subcommittee (Subcommittee) voted to recommend that the City Council adopt a resolution approving an Affordable Housing Agreement for Santa Susana GRF2, LLC, with one (1) development concession and six (6) waivers, in exchange for fourteen (14) affordable units, to qualifying very-low income households (at 50% of median income for a term of 55 years) in the 280-unit Santa Susana Mixed-Use Project.

Although the Subcommittee recommended that the City Council approve the Affordable Housing Agreement, the Applicant was requested to work with staff and consider providing additional affordable units beyond the designated fourteen (14) very low-income apartments included in the project. . The Planning Commission also requested the Applicant provide more affordable housing units and consider other design and landscape items, which is discussed below.

Additional Planning Commission Comments
At its January 19, 2022 public hearing, the Planning Commission raised some concerns that should be presented to the City Council for their consideration:

1. Provide additional architectural design to the east side elevation. The current east elevation is shown below in Figure 4. The Planning Commission asked the Applicant to revise the southerly portion of the east elevation to make it more compatible with the design of the rest of the project, especially the west elevation (Tapo Street elevation).
7 PDS20210005etalCCmtg2-28-22(klk)
Figure 4 – East Elevation
The Applicant has since submitted a revised design as shown on Figures 5 and 6 below.

The northerly portion of the east elevation was not changed, instead, the angle of the perspective was adjusted as to better demonstrate the building’s articulation. The proposed re-design of the southerly portion of the east elevation includes a new trim piece, a change of color for the bottom portion of the building, additional windows and a two foot recessed area on one of the buildings. The revised design does not include additional detailing that would be comparable to the level of architectural detail provided on the west elevation, as shown on Figure 7, which includes trellises, balconies, awnings, etc. It should be noted that the trees shown on the project’s side will be planted along the property line of the project, approximately 30 feet west of the property line shared with the Workman Avenue residential units. The proposed trees are 48” boxed Brisbane trees, which would be approximately 20 feet tall at installation and about 30’ feet tall in its fifth year, as shown on this rendering. Both Figures 5 and 6 views are taken from the alleyway between the duplexes and the project, at eye level.

Figure 5 – Revised East Elevation
8 PDS20210005etalCCmtg2-28-22(klk)
Figure 6 – Revised East Elevation
Figure 7 – Partial West Elevation
Staff has included a new condition (PD Condition *A-27) to allow Staff to continue to work with the applicant on the east elevation in order to provide additional detailing with trellises, awnings, balconies, and recesses, to be more in line with the west elevation.

2. Review of the proposed tree selection along east property line to provide more privacy: The Applicant’s proposed design includes 48” box Brisbane trees installed at 20 feet on center. The proposed landscape plans show 48” boxed Brisbane trees to be planted on the east side of the project (Figure 8). The rendering shown on Figure 9 is more representative of the trees’ height at 5 years after installation, about 30 feet in height, and taken from of a “bird’s-eye-view” to show the alley way, property line wall and fencing beyond. Staff consulted with the City’s Landscape Consultant and determined that the 48” boxed Brisbane trees, planted at 20 feet on center, provide adequate screening. Therefore, Staff recommends to accept the proposed landscape plan as presented.
9 PDS20210005etalCCmtg2-28-22(klk)
Figure 8 – Proposed Landscape Plan
Figure 9 – East Elevation Rendering

3. Study the shade and shadow of the building as it relates to the residences to the east, and if the proposed building would affect potential installation of photovoltaics. The Applicant prepared a computerized study and concluded that the angle of the sun and location of the proposed buildings would have no impact on the adjacent properties, should they want to install photovoltaics in the future.

The Applicant prepared a graphic analysis of the building’s shade and shadow on 10 PDS20210005etalCCmtg2-28-22(klk)
the adjacent properties for the months of March, June, September and December at 9:00 a.m., 12:00 p.m. and 3:00 p.m. The 3:00 p.m. analysis shows the most impact to the adjacent properties, as shown below in Figures 10a, 10b, and 10c.

Staff analyzed the shade and shadow patterns of the proposed building and how it projects onto the adjacent properties and determined that there is no potential impact.

Figure 10a – March Shade Analysis
11 PDS20210005etalCCmtg2-28-22(klk)
Figure 10b – June Shade Analysis
Figure 10c– September Shade Analysis
12 PDS20210005etalCCmtg2-28-22(klk)
Figure 10d – December Shade Analysis

4. Provide more affordable units. This topic was also brought up at the Affordable Housing Subcommittee meeting. The Applicant was asked to further analyze if they could provide additional affordable units. The Applicant has provided an analysis (Exhibit 2) stating why it is not feasible for them to provide additional affordable units and also stated that the project is affordable “by design”, since they are providing studios, one-bedroom and two-bedroom units for which rents are expected to be lower than other apartments in the city.

5. Add Condition to the Planned Development Permit regarding density calculations.

The allowed density per the Mixed-Used zoning is between 20.1 to 35 units per acre, without including any additional units allowed under the Density Bonus Law.

The site is 14.57 acres. However, Parcels 2 and 3, totaling 13.88 acres, were considered for the basis of density calculations for the project. The 280 units equate to a density of 20.17 units per acre, based on a project site of 13.88 acres.

Government Code Section 65915(i), “Housing development,” defines a housing development as consisting “of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use…..where the result of the rehabilitation would be a net increase in available residential units. For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels…” Because density was calculated based on Parcels 2 and 3 (13.88 acres), the Planning Commission added PD Condition *A-26 to allow future projects to include and account for this project’s density. 13 PDS20210005etalCCmtg2-28-22(klk)
Housing Accountability Act (HAA) and Incentives/Waivers California Government Code Section 65589.5(h)(2) defines a housing development as, among other descriptions, “mixed-use developments consisting of residential and non- residential uses with at least two-thirds of the square footage designated for residential use.” Accordingly, this project qualifies as a housing development under the Housing Accountability Act (“HAA”) (SeeGov’t. Code Sec. 65589.5(a)(1).).

Pursuant to the requirements of the (“HAA”), alocal agency shall not disapprove a housing development project, unless it makes written findings, based upon a preponderance of the evidence on the record, that both of the following conditions exist:
(A) The housing development would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. A “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete, and (B) There is no feasible method to satisfactorily mitigate or avoid the adverse impact, other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.

Moreover, Government Code Section 65915(e)(1) generally states that the denial of an incentive or waiver requires a finding that the incentive or waiver, if granted, would have a “specific, adverse impact” on health, safety or the physical environment. The Applicant’s requests for the incentive and waivers were found to be acceptable and with the inclusion of the incentives and waivers requested, the project is consistent with the General Plan and Zoning requirements applicable to this project. Denial by the City of the incentive and waivers would also require specific findings that the incentive and/or waivers would have a specific, adverse impact on health and safety, or the physical environment, and that the denial of such would not “physically preclude” the construction of the Project.

The above standards are difficult to meet, and staff does not believe it can make the necessary findings. Therefore, the City Council essentially must approve this Project, due to the application of State housing laws, including the HAA and Incentives and/or Waivers law.

The findings and supporting evidence for approval of TP-S-2021-0001, PD-S-2021-0005, and AHA-2021-0001, and the project’s Mitigated Negative Declaration, are provided in the Planning Commission Staff Report (Exhibit 4) and incorporated herein by reference.

It should be noted that Conditions *A-28 has been added to the Resolution in order to include comments received from the Ventura County Air Pollution Control District (VCAPCD) regarding the partial demolition of the existing building, and the Mitigated Negative Declaration and Mitigated Monitoring Plan have been updated accordingly.

The following alternatives are available to the City Council:

1. Adopt Resolution No. 2022-08 approving Tentative Parcel Map No. TP-S-2021- 0001, Planned Development Permit No. PD-S-2021-0005; and approve the project’s Mitigated Negative Declaration and Mitigation Monitoring Plan; 14 PDS20210005etalCCmtg2-28-22(klk)

2. Adopt Resolution No. 2022-09 approving the Affordable Housing Agreement (AHA 2021-0001);

3. Do not approve the project;

4. Provide staff with other direction.

The Planning Commission recommends Alternative No. 1 and the Affordable Housing Subcommittee recommends Alternatives 1 and 2.

SUGGESTED CITY COUNCIL MOTION
I move to adopt Resolution No. 2022-08 approving PD-S-2021-0005, TP-S-2021-0001, the Mitigated Negative Declaration and Mitigation Monitoring Plan; and adopt Resolution No. 2022-09 approving the Affordable Housing Agreement (AHA-2021-0001).

SUMMARY
The Applicant, Santa Susana GRF2, LLC, requests approval of a Tentative Parcel Map (TP-S-2021-0001) for the subdivision of an existing commercial site into three parcels, and a Planned Development (PD-S-2021-0005) for the construction of a four-story mixed- use project consisting of 280 apartment units and 4,750 square feet of commercial space on a 5.33-acre site of a portion of the existing commercial center, located at 2196 Tapo Street. The project also includes an Affordable Housing Agreement to provide fourteen (14) affordable units set-aside to very-low income qualified renters, and the request for one development incentive and six development waivers pursuant to State Density Bonus law. The Planning Commission recommends that the City Council adopt Resolution No. 2022-08 approving Planned Development Permit No. PD-S-2021-0005; Tentative Parcel Map No. TP-S-2021-0001, and the Mitigated Negative Declaration and Mitigation Monitoring Plan; and the Affordable Housing Subcommittee recommends that the City Council adopt Resolution No. 2022-09 approving the Affordable Housing Agreement (AHA-2021-0001).
____________________________________
Stratis Perros
Environmental Services Director
Prepared by: Claudia Pedroso, Principal Planner
INDEX Page
Public Hearing Procedure ................................................................................17 Resolution No. 2022-08 for TP-S-2021-001 and PD-S-2021-0005 ..................19 Exhibit A – Legal Description................................................................. 21 Exhibit B –Tentative Tract Map Conditions............................................22 Exhibit C – Planned Development Permit Conditions……………………29 Exhibit D – Mitigation Monitoring Plan ...................................................49 15 PDS20210005etalCCmtg2-28-22(klk)
Resolution No. 2022-09 for AHA-2021-0001....................................................58 Exhibit A - Affordable Housing Agreement ............................................61 Exhibit 1 – Mitigated Negative Declaration and Reduced Project Exhibits……89 Exhibit 2 – Letter from Procopio regarding additional affordable units……….18 Exhibit 3 - January 19, 2022 Planning Commission Resolution and Action Minutes………………………………………………………………………………1
Exhibit 4 – January 19, 2022 Planning Commission Staff Report and Supplemental Staff Reports……………………………………………………….23
16 PDS20210005etalCCmtg2-28-22(klk)

PUBLIC HEARING PROCEDURE
HEARING DATE: February 28, 2022

1. MAYOR: This is the time and place set for a public hearing to consider a request from Santa Susana GRF2, LLC. for the approval of a Planned Development Permit, PD-S-2021-0005; Tentative Parcel Map, TP-S-2021-0001; and Affordable Housing
Agreement, AHA-2021-0001, for the construction of a Mixed- use project containing 280 apartment units with 14 units set aside for qualified very-low income renters, 4,750 square feet of commercial space, the subdivision of the project’s site into three parcels, related development incentive and waivers, and adoption of a Mitigated Negative Declaration and Mitigated Monitoring Plan, located at 2196 Tapo Street; and adoption of Resolutions.

May I have a reading of the resolutions and ordinance?

2. CLERK: (Reads resolution and/or ordinance)

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

4. ANY COUNCIL
MEMBER : (Report of communications)

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 responses)

8. MAYOR: Does the applicant wish to be heard on this matter?

9. APPLICANT: (Comments)

10. MAYOR: 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 if on your phone. Staff will un-mute you when it is your turn.

11. AUDIENCE: (Comments)

12. MAYOR: Does Staff desire to respond to any comments or issues raised?
17 PDS20210005etalCCmtg2-28-22(klk)

13. APPLICANT: (Response to comments and additional City Council questions)

14. MAYOR: Does the Applicant desire any rebuttal?

15. (Rebuttal)

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

17. ANY COUNCIL
MEMBER : (Comments)

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

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

Adopt, modify, or not adopt Resolution No.for
TP-S-2021-0001/PD-S-2021-0005 (requires a second
and a vote;requires reading of resolution).

Adopt, modify, or not adopt Resolution No.for
Affordable Housing Agreement AHA-2021-0001(requires
a second and a vote;requires reading of resolution).
* Any action to refer the matter back to staff or to continue the matter requires a second and a vote.

20. ANY COUNCIL
MEMBER : Second

21. MAYOR: (Call for vote)

22. MAYOR: Proceed to the next item.
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RESOLUTION NO. 2022-08

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SIMI VALLEY APPROVING PLANNED DEVELOPMENT
PERMIT (PD-S-2021-0005) AND TENTATIVE PARCEL MAP
(TP-S-2021-0001) TO DEVELOP A FOUR-STORY MIXED-
USE PROJECT CONSISTING OF 280 APARTMENT UNITS
AND 4,750 SQUARE FEET OF NEW COMMERCIAL SPACE

WITHIN AN EXISTING SHOPPING CENTER, SUBDIVISION

OF THE SITE INTO THREE PARCELS, AND INCLUSION OF

AFFORDABLE HOUSING UNITS, DEVELOPMENT

CONCESSIONS, AND DEVELOPMENT WAIVERS, AND
THE PROJECT’S MITIGATED NEGATIVE DECLARATION

AND MITIGATION MONITORING PLAN
WHEREAS, the applicant, Santa Susana GRF2, LLC, has requested approval of a Planned Development Permit (PD-S-2021-0005), and Tentative Parcel Map (TP-S-2021-0001) for that 14.57-acre parcel located at 2196 Tapo Street, known as Ventura County Assessor's Parcel No. 644-0-070-580 and by the legal description attached hereto as Exhibit A, for the purpose of subdividing the site into three parcels, and to construct a mixed-use development on a 5.33-acre portion of the site consisting of 280 apartment units and 4,750 square feet of commercial space; and adopt the project’s Mitigated Negative Declaration (MND) and Mitigation Monitoring Plan; and WHEREAS, on January 19, 2022, the Planning Commission of the City of Simi Valley held a public hearing and recommended approval of TP-S-2021-0001 and PD-S-2021-0005; and adoption of the project’s Mitigated Negative Declaration and Mitigation Monitoring Plan; and
WHEREAS, on January 27, 2022, the Affordable Housing Subcommittee of the City of Simi Valley held a public meeting and recommended approval of the Affordable Housing Agreement (AHA-2021-0001) for the provision of fourteen (14) affordable housing units for the very-low income qualified renters, development concessions and development waivers; and
WHEREAS, on February 28, 2022, the City Council considered evidence and public testimony on the project.

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

SECTION 1. The findings for approval of TP-S-2021-001 and PD-S-2021- 0005, and the Mitigated Negative Declaration, contained in the City Council Staff Report dated February 28, 2022, and incorporated herein by reference, are hereby adopted. 19 PDS20210005etalCCmtg2-28-22(klk)
SECTION 2. The project Mitigated Negative Declaration contained in Planning Commission Staff report, dated January 27, 2022, and incorporated herein by reference, and the Mitigation Monitoring Plan attached hereto as Exhibit D, is hereby adopted.

SECTION 3. Tentative Parcel Map No. TP-S-2021-0001 is hereby approved, subject to compliance with all the conditions contained in Exhibit B, attached hereto.

SECTION 4. Development Permit PD-S-2021-0005 is hereby approved, subject to compliance with all the conditions contained in Exhibit C, attached hereto.

SECTION 5. The time within which judicial review must be sought for administrative decisions is governed by California Code of Civil Procedure Section 1094.6.

SECTION 6. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk.

PASSED and ADOPTED this 28thday of February 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
20 EXHIBIT A
PDS20210005etalCCmtg2-28-22(klk)

LEGAL DESCRIPTION
The land referred to in this Commitment is situated in the City of Simi Valley, County of Ventura, State of California, and is described as follows:

THAT PORTION OF PARCEL B, AMENDED MAP OF THE TOWN OF SANTA SUSANA, IN THE

CITY OF SIMI VALLEY, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 12 PAGE 43 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

ALONG SAID PARALLEL LINE,
1ST.: NORTH 89 DEGREES 59’ 14” EAST 348.55 FEET TO THE WESTERLY LINE OF TRACT NO. 1206-1, AS PER MAP RECORDED IN BOOK 29 PAGE 89 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG SAID WESTERLY LINE, 2ND.: SOUTH 0 DEGREES 01’ WEST 1465.28 FEET TO A POINT ON THE NORTHERLY LINE

OF ALPINE STREET SAID STREET IS SHOWN ON SAID LAST MENTIONED MAP, AT THE SOUTHWESTERLY CORNER OF LOT 18 OF SAID TRACT NO. 1206-1; THENCE ALONG SAID

ALPINE STREET,
3RD.: NORTH 89 DEGREES 59’ WEST 483.55 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 15 FEET; THENCE, 4TH.: WESTERLY, NORTHWESTERLY AND NORTHERLY, ALONG SAID CURVE THROUGH AN ANGLE OF 90 DEGREES AN ARC DISTANCE OF 23.56 FEET TO THE POINT OF TANGENCY WITH A LINE WHICH A PARALLEL WITH AND DISTANT EASTERLY 12 FEET, MEASURED AT RIGHT ANGLES, FROM THE EASTERLY LINE OF SAID TAPO STREET;

THENCE ALONG SAID LAST MENTIONED PARALLEL LINE,
5TH.: NORTH 0 DEGREES 01’ EAST 1300 FEET TO AN INTERSECTION WITH A LINE

PARALLEL WITH THE SOUTH LINE OF SAID COCHRAN STREET AND DISTANT SOUTHERLY 160 FEET MEASURED AT RIGHT ANGLES THEREFROM;

THENCE,
6TH.: NORTH 89 DEGREES 59’ 14” EAST 150 FEET TO A LINE PARALLEL WITH THE

EASTERLY LINE OF SAID TAPO STREET, WHICH PASSES THROUGH THE POINT OF BEGINNING; THENCE,
7TH.: NORTH 0 DEGREES 01’ EAST 150 FEET TO THE POINT OF BEGINNING.

EXCEPT THE EASTERLY 50 FEET THEREOF.

APN 644-0-070-580
21 EXHIBIT B
CASE NO.: TP-S-2021-0001(Ref. PD-S-2021-0005)
APPLICANT:SANTA SUSANA GRF2, LLC
PDS20210005etalCCmtg2-28-22(klk)

TENTATIVE PARCEL MAP CONDITIONS
The conditions marked with an asterisk (*) are Special Conditions applicable specifically to this map. In the event of a conflict between the provision of a Standard Condition and a Special Condition, the provision of the Special Condition will take precedence. These conditions of approval supersede any conflicting notations, specifications, dimensions and typical sections that may be shown on a development plan or exhibit. No map will be approved for recordation until all of the conditions have been met and any fees have been paid unless the condition states otherwise. The Final Map for any phase of the Tentative Map will not be recommended for approval by the City Council until all the following conditions applicable to that phase, including payment of all applicable miscellaneous fees, have been satisfied. Applicant assumes all costs incurred in complying with the conditions contained herein. Any construction, installation, modification, or alteration of any lot configuration, grading or any onsite or offsite design feature depicted on the approved map or as depicted or described in any submittals, exhibits, plans, and project conditions, which is not expressly authorized by this Map approval are deemed prohibited and constitute a violation of this Map. "Applicant" or "Developer" or "Owner" as used in these conditions means all applicants, developers, permittees, and all owners of the subject property and all successors and assigns thereto.

A. ENVIRONMENTAL SERVICES CONDITIONS:

A-2 Approval of this project requires certain legislative determinations by the City Council. The approval of the Tentative Parcel Map is hereby expressly made contingent upon the approval of the Planned Development Permit by the City Council.

A-3 Within thirty-six (36) months after approval or conditional approval of the Tentative Parcel Map, Applicant must cause a Parcel to be prepared and recorded.

A-4 Prior to recordation of the map, Applicant must prepare a Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and Common Area Operating and Maintenance (CAM) Agreement and submit them to the City Attorney, Deputy Environmental Services Director/City Planner, and Deputy Director/City Engineer for review and approval. Applicant must have the 22 CASE NO.: TP-S-2021-0001(Ref. PD-S-2021-0005)
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approved CC&Rs and CAM Agreement recorded with the Ventura County Recorder's Office concurrently with the Parcel map. Any future revision of the CC&Rs and CAM Agreement, as they pertain to the requirements set forth below, will require the approval of the City.
a. The requirement that all owners of property within the project boundary and their successors be subject to a CAM Agreement; b. A statement that the property owners will be responsible, jointly and severally for the life of the CAM Agreement, for the maintenance, repair, and replacement of:
i. all common area improvements including driveways, parking facilities, signage, lighting, refuse enclosures, utility equipment screening, landscaping, irrigation equipment and debris-detention basins, and utilities; and
ii. all landscaping and irrigation equipment within the public right-of-way and enriched parkways.
c. A statement that in the event these areas or facilities are not properly maintained, repaired, or replaced according to the City approved landscape and improvement plans, each property owner will be responsible to the extent of his/her proportionate obligation as specified in the CAM Agreement for the maintenance, repair, and replacement of those areas. This responsibility will be secured by a lien on the owner's property in favor of the City, in conformance with City procedures;
d. Notwithstanding the fact that the CC&Rs or CAM Agreement may duplicate City ordinances or regulations, a statement must be included that the Maintenance Director, as designated in the CAM Agreement, will be responsible for providing written notice of any violation of the CC&Rs/CAM Agreement to the property owners, and for enforcing the CC&Rs/CAM Agreement; and
e. Provisions for reciprocal easements over all parcels for access for maintenance of common area or facilities, and access to all driveways and parking as identified in the access easements identified on the Tentative Parcel Map.

Applicant must submit with the CC&Rs and/or CAM Agreement, a memorandum identifying where the statements required per subsections a-e, above, are located within the document.

A-5 Applicant must defend, indemnify, and hold harmless the City, its agents, officials, and employees from any claim, action, or proceeding against the City or its agents, officials, or employees in any action to attack, set aside, 23 CASE NO.: TP-S-2021-0001(Ref. PD-S-2021-0005)
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void, or annul, the approval of this Map. Pursuant to Government Code Section 66474.9 the City will promptly notify Applicant of any claim, action, or proceeding and the City will cooperate fully in the defense. The City shall also have the right to consult and participate with Applicant in the development of litigation strategy. Further, Applicant must select an attorney, acceptable to the City, who will defend such proceeding. Such approval of an attorney will not be unreasonably withheld.

A-6 During the lifetime of the map, Applicant must comply with all applicable laws and regulations of every local, state, and federal entity and all such requirements and enactments will be incorporated by reference as conditions of this map. The duty of inquiry as to such requirements and any amendments thereto, will be upon Applicant and his or her transferees or successor in interest.

A-7 Applicant agrees that if any of the conditions or limitations of this map are to be held invalid by a court of competent jurisdiction, that holding will render this map to be null and void.

A-8 Applicant must provide to the Deputy Environmental Services Director/City Planner a copy of all conditions of approval recorded with the Ventura County Recorder's Office.

A-9 Applicant must submit a utility plan to the Deputy Environmental Services Director/City Planner for review and approval. The plan must include:
a. Size and location of all above ground utility cabinets and underground utility vaults for electric, telephone, cable communications, backflow prevention devices, and fire sprinkler pressure detector check valves (utility equipment);
b. Screening design and location for all above ground utility equipment by method of masonry walls, landscaping, or a combination of both; c. A minimum of three feet of clearance between all above ground utility equipment and the screening;
d. Access panels oriented away from all public rights-of-way; e. Fire sprinkler pressure detector check valves located a minimum of 10 feet from all property lines adjacent to public rights-of-way, unless determined by the Deputy Environmental Services Director/City Planner to be not feasible;
f. Depiction of the Traffic Sight Safety Area (TSSA); and g. Location of all above ground utility equipment outside of the TSSA. 24 CASE NO.: TP-S-2021-0001(Ref. PD-S-2021-0005)
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B. PUBLIC WORKS CONDITIONS:

General
B-1 These Conditions of Approval shall supersede all conflicting notations, specifications, dimensions, and typical sections which may be shown on development plans or exhibits. The Conditions stated herein shall not be considered a comprehensive listing of all State and Municipal Code requirements and City ordinances and policies. The Parcel Map will not be approved or recommended for approval by the City until all the following Conditions, including payment of all applicable miscellaneous fees, have been satisfied. The Conditions marked with an asterisk (*) are Special Conditions applicable specifically to this project. In the event of a conflict between any Standard Condition and a Special Condition, the Special Condition will take precedence.

B-2 Applicant must provide a Parcel Map based on a field survey, unless otherwise authorized in writing by the City Engineer.

B-3 Applicant must submit the Parcel Map to the Director of Public Works with a title report, reference documentation, calculations, and applicable fees.

The parcel map and accompanying materials must comply with SVMC Section 9-62.

B-4 Applicant must arrange for the County Surveyor to provide to the Department of Public Works, a digital file of the recorded map (in an ESRI Info or DWG format compatible with the City GIS database).

B-5 Applicant must offer to dedicate all necessary rights-of-way and easements as shown on the approved tentative map exhibit, and as required by these conditions.

Traffic and Roadways
*B-6 Applicant must design any landscaping to incorporate and provide for the minimum safe vehicle/driver sight distances at the project driveways, restricting the height of any planting material to 30 inches or less within the driver's sight distance area, per City Standard SV 20-130; in addition, no walls, berms, slopes, backflow prevention devices, on-site project monuments, signs, or other impediments to the driver's sight visibility will be allowed within that restricted area; all as directed by the City Engineer. Any proposed decorative pavement, on-site project monuments, or signs must be located outside of the public right-of-way, as directed by the City Engineer.
*B-7 Applicant must design all frontage improvements on Tapo Street in accordance with the General Plan, including curb, gutter, sidewalk, traffic 25 CASE NO.: TP-S-2021-0001(Ref. PD-S-2021-0005)
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signing and striping, and any enriched parkways to the satisfaction of City Engineer.
*B-8 Applicant must design any improvements in the public Right-of-Way in accordance with the Caltrans Standard Plans, and the California Manual on Uniform Traffic Control Devices, latest editions.
*B-9 Applicant must design all on-site traffic circulation elements and traffic control devices (e.g. pavement delineation, signage) in accordance with the California Manual on Uniform Traffic Control Devices, latest edition. *B-10 Applicant must design the project access driveway on Tapo Street, per City Standard SV 11-20, to achieve current Americans with Disabilities Act (ADA) Standards.
*B-11 Applicant must design median modifications to address removal of the driveway on Tapo Street, to the satisfaction of the City Engineer. *B-12 Applicant must design pavement delineation and signage improvements to address removal of the driveway on Tapo Street, to the satisfaction of the City Engineer.
*B-13 Applicant must design street lighting relocations associated with the median modifications per City Standards, and to the satisfaction of the City Engineer.

Sewer
B-14 Applicant must design all sewer lateral connections in compliance with the Manual and Standard Plans for the Design and Construction of Sanitary Sewerage Facilities adopted by the City Council of the City of Simi Valley on August 28, 2006, and its subsequent revisions, and per standard plate SV 40-190.

B-15 Applicant must receive approval from the Building and Safety Division for the design of private on-site sewer facilities.

Maintenance
B-16 Applicant must submit, to the Department of Public Works, final Landscape and Irrigation Plans for review and approval for all improvements constructed within and directly adjacent to the City’s right-of-way.

Landscape and Irrigation Plans must conform to the Ventura County Waterworks No. 8 Conservation Standards, State of California AB1881 California Model Water Efficient Landscape Ordinance and design requirements of The Simi Valley Municipal Code (SVMC) sections 7-3.08 and 7-3.09. An estimate and plan check fees must accompany the submittal.
26 CASE NO.: TP-S-2021-0001(Ref. PD-S-2021-0005)
APPLICANT:SANTA SUSANA GRF2, LLC
PDS20210005etalCCmtg2-28-22(klk)
The design must include provision for sufficient room, between the buildings and right-of-way, for improvements depicted on the approved site and landscape plans to fit within that space.

B-17 Applicant must insure that the Landscape and Irrigation Design Plans include provision for installing root barriers (18 inches deep by 10 feet long, minimum) adjacent to the back side of the sidewalk, when planting on-site tree(s) within 10 feet from the public rights-of-way and public sidewalk. *B-18 Applicant must have included a statement on the project’s Landscape Improvement Plans stating that the Owner will maintain any existing and all newly established landscaping and irrigation within the public rights-of-way adjacent the project.
*B-19 Applicant must provide that the Landscape Plans depict deletion of the existing palms and proposed Chinese flame trees. Substitution and replacement trees must be approved by the City’s Public Works Dept. and conform to the City’s approved street tree list.
*B-20 Applicant must provide that the project frontage along Tapo Street, which is currently within the landscape zone maintained by the City, be transferred to require maintenance by the Owners of this development. Provide verification that the CC&Rs specify and provide for takeover of the areas maintenance obligations adjacent to the project, to the centerline of the adjoining streets.
*B-21 Applicant must install three new 36-inch box trees within the empty cut-outs, adjacent to the project on Cochran Street.

E. RANCHO SIMI RECREATION AND PARK DISTRICT CONDITIONS:
27 CASE NO.: TP-S-2021-0001(Ref. PD-S-2021-0005)
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E-1 Applicant must provide the Rancho Simi Recreation and Park District (RSRPD) with the equivalent cash-in-lieu for 2.159 acres of developable public parkland based on the Table of Values in effect at the time a Parcel Map for PD-S-2021-0005 is approved by the City of Simi Valley. In conformance with City of Simi Valley Municipal Code Section 9-68.100.B (Conveyance of Land and Payment of Fee to District), park fees shall be deposited with RSRPD before the Parcel Map is approved by the City of Simi Valley. If the number or type of residential dwelling unit change, prior to the approval of the Parcel Map for the project, the Park Dedication Condition will be modified to accurately reflect actual development.

Pursuant to authorization by the RSRPD Board of Directors, it is anticipated that cash-in-lieu funds received from PD-S-2021-0005 will be allocated to the Park District’s Activity Center upon concurrence of the Planning Commission of the City of Simi Valley.

END OF CONDITIONS
28 EXHIBIT C
CASE NO.: PD-S-2021-0005 (Ref. TP-S-2021-0001)
APPLICANT:SANTA SUSANA GRF2, LLC
PDS20210005etalCCmtg2-28-22(klk)

PROJECT PERMIT CONDITIONS
The conditions marked with an asterisk (*) are Special Conditions applicable specifically to this permit. These conditions of approval will supersede any conflicting notations, specifications, dimensions, and typical sections that may be shown on a development plan or exhibit. Unless otherwise stated, all conditions of approval must be complied with prior to the issuance of a Zoning Clearance. Applicant will assume all costs incurred in complying with the conditions contained herein. All facilities and uses other than those specifically approved by the approving authority are prohibited. In consideration of the benefits conferred by this Permit, Applicant, on behalf of him/herself, intending to be bound hereby for the life of this permit, consents to City Personnel entering the Project property during daylight hours without a warrant and with written notice to verify compliance with the terms and conditions of this Permit. "Applicant" or "Developer" or "Owner" as used in these conditions means all applicants, developers, permittees, and all owners of the subject property and all successors and assigns thereto. These conditions are deemed to touch and concern the real property, which is the subject hereof, and will run with the land. Compliance with these conditions must be maintained for the life of the permit. The Simi Valley Municipal Code (SVMC) contains penalty provisions for the violation of development conditions, which could result in any available administrative, civil, or criminal remedies that could include one or more of the following:
1) revocation of the development permit; 2) penalties of up to $1,000 in fines and/or six months in jail for each day of violation; and 3) the prohibition of further violations through court injunction. Applicant must comply with all of the conditions.

A. ENVIRONMENTAL SERVICES CONDITIONS:

Planning Division:

A-1 This permit is granted for all of the buildings, roadways, parking areas, landscaping, lighting, colors and materials, and other features which must be as shown on the formal application and exhibits specifically labeled as Exhibits: Title Sheet, Title Sheet 2, Site Existing Conditions Sheet C1, Tapo Street Exhibit 1, Grading Sheet 1, Grading Sheet 2, Grading Sheet 3, Grading Sheet 4, Grading Sheet 5, Sheet 1-Utility Plan, Sheet 1-Tentative Parcel Map, Sheet 2-Tentative Parcel Map, Sheet 13- Project Data, Sheet 14- Site Plan, Sheet 15- Fire Exhibit, Sheet 16- Phasing Plan, Sheet 17- Building Plan Level 1, Sheet 18- Building Plan Level 2, Sheet-19 Building Plan Level 3, Sheet 20- Building Plan Level 4, Sheet 21- Roof Level, Sheet 22-Building Sections, Sheet 23– West and East Building Elevations, Sheet 24– Enlarged West Elevation, Sheet 26– North and South Building Elevations, Sheet 27– Courtyard 1 Elevations, Sheet 28- Courtyard 2 & 3 Elevations, Sheet 29- Color and Material, Sheet 30- Color and Material, Sheet 31– Detail Vignettes, Sheet 32- Detail Vignettes, Sheet 33- Detail Vignettes, Sheet 34- Detail Vignettes, Sheet 35- Amenity Building Plan, Sheet 36- Unit Plans, Sheet 37- Unit Plans, Sheet 38- Unit Plans, Sheet 39- Unit Plans, Sheet 40- Unit Plans, Sheet 41- Unit Plans, Sheet 42- Unit 29 CASE NO.: PD-S-2021-0005 (Ref. TP-S-2021-0001)
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Plans, Sheet 43- Unit Plans, Sheet 44– Vision Imagery, Sheet 45- Rendering from Tapo St., Sheet 46– Rendering from Tapo St., Sheet 47– View from Cochran St., Sheet- 49 Rendering from Park, Sheet 51- View from Project towards East, L-1 – Site Plan and Index, L-1.01– Tree Protection and Removal Plan, L-2.0 - Material, L-2.01 - Material Plans, L-3 Trees and Planting Plan, L3.01 - Plant Images, L-4 Conceptual Renderings, L-4.01 Conceptual Renderings, L-4.02 Conceptual Renderings, LT-001 - Site Lighting Plan, LT-100.1- Fixture Legend, LT.301 -Lighting North Elevation, LT.302 -Lighting South Elevation, LT.303- Lighting West Elevation, LT.400- Lighting Comprehensive Plan, LT.404 – Lighting Comprehensive Plan, Sheet 2- Signage, Sheet 3- Signage, Sheet 4– Signage, Sheet 5- Signage, Sheet 6 –Sign Location, Sheet 7–Sign Location, Sheet 8- Sign Colors and Materials, Sheet-9 Monument Signs, Sheet 10 – Blade Signs, Sheet 11-Street Frontage Sign, all dated January 19, 2022, and Revised Renderings dated February 7, 2022.

A-2 If this permit has not been use inaugurated prior to thirty-six (36) months following this approval, the permit will automatically expire.

A-3 Applicant must defend, indemnify, and hold harmless the City, its agents, officials, and employees from any claim, action, or proceeding against the City or its agents, officials, or employees in any action to attack, set aside, void, or annul the approval of this permit. The City will promptly notify Applicant of any claim, action, or proceeding; and the City will cooperate fully in the defense. The City shall also have the right to consult and participate with Applicant in the development of litigation strategy. Further, Applicant must select an attorney, acceptable to the City, who will defend such proceeding. Such approval of an attorney will not be unreasonably withheld.

A-4 During the lifetime of the permit, Applicant must comply with all applicable laws and regulations of every local, state, and federal entity; and all such requirements and enactments will be incorporated by reference as conditions of this permit. The duty of inquiry as to such requirements and any amendments thereto will be upon Applicant and his or her transferees or successor in interest.

A-5 Applicant agrees that if any of the conditions or limitations of this permit are to be held invalid by a court of competent jurisdiction, that holding will render this permit to be null and void.

A-6 All conditions of Tentative Parcel Map TP-S-2021-0001 are incorporated herein by reference and are part of this approval.

A-7 Approval of this project requires certain legislative determinations by the City Council. The approval of the Planned Development Permit is hereby expressly made contingent upon the approval of the Tentative Parcel Map and Affordable Housing Agreement by the City Council.
30 CASE NO.: PD-S-2021-0005 (Ref. TP-S-2021-0001)
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A-8 Applicant must provide to the Deputy Environmental Services Director/City Planner a copy of all conditions of approval recorded with the Ventura County Recorder's Office.

A-9 Applicant must submit a Master Sign Program for all permanent signs on the project site to the Deputy Environmental Services Director/City Planner for review and approval in accordance with the Planning Commission's approval and approved exhibits.

A-10 Applicant must not attach signs, flags, pennants, streamers, or banners of any type to the light poles or landscaping.

A-11 Applicant must submit to the Deputy Environmental Services Director/City Planner for review and approval a trash and recycling enclosure plan. The Deputy Environmental Services Director/City Planner will review the enclosure plan for compliance with the following criteria:
a. The enclosure must incorporate the same architectural treatment and use the same approved exterior colors and materials of the main building;
b. The enclosure must incorporate an opaque gate and include a solid roof, which will be designed to preclude trash from being blown out of the bins;
c. The height of the enclosure walls and gate must be the same or greater than the height of the bins within the enclosure; and d. Except when the bins are being accessed, the bins must be stored at all times within the enclosure, with the gate closed.

A-12 Applicant must submit a utility plan to the Deputy Environmental Services Director/City Planner for review and approval. The plan must include:
a. Size and location of all above-ground utility cabinets and underground utility vaults for electric, telephone, cable communications, backflow prevention devices, and fire sprinkler pressure detector check valves (utility equipment);
b. Screening design and location for all above-ground utility equipment by method of masonry walls, landscaping, or a combination of both; c. A minimum of three feet of clearance between all above-ground utility equipment and the screening;
d. Access panels oriented away from all public rights-of-way; e. Fire sprinkler pressure detector check valves located a minimum of 10 feet from all property lines adjacent to public rights-of-way, unless determined by the Deputy Environmental Services Director/City Planner to be not feasible;
31 CASE NO.: PD-S-2021-0005 (Ref. TP-S-2021-0001)
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f. Depiction of the Traffic Sight Safety Area (TSSA); and g. Location of all above-ground utility equipment outside of the TSSA.

A-13 Prior to the time of occupancy inspection, Applicant must provide to the Deputy Environmental Services Director/City Planner and the Building Official, written certification from the project architect or engineer that the project has been constructed in accordance with the approved plans.

A-14 Applicant must continually maintain, repair and replace all structures, landscaping, irrigation equipment, sidewalks, parking lot surfacing, and all other improvements within the project described in the approved plans.

A-15 Applicant must submit photometric and luminaire plans which comply with Simi Valley Municipal Code Section 9-30.040. All exterior light fixtures depicted on this plan must have fully recessed lenses and cut-off features that limit illumination at the property line to 0.5 footcandles. A note will be placed on the plan that states: "All downcast light fixtures will be installed and permanently maintained in a horizontal position."
A-16 Throughout its term, Applicant must abide by the provisions of the Affordable Housing Agreement. A violation of the terms of the Affordable Housing Agreement, or any of its exhibits, constitutes a violation of this Planned Development Permit. In the event of a conflict between the Agreement and the PD conditions, the most restrictive will apply. *A-17 Prior to a Final Building Inspection or Issuance of a Certificate of Occupancy, whichever occurs first, Applicant must submit to the Deputy Environmental Services Director/City Planner construction drawings that include details for the installation of a closed circuit security camera system, and resident door and access gate security system, which includes key fobs or equivalent.

A-18 Prior to recordation of the map, Applicant must prepare a Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and Common Area Operating and Maintenance (CAM) Agreement and submit them to the City Attorney, Deputy Environmental Services Director/City Planner, and Deputy Director/City Engineer for review and approval.
*A-19 Applicant must submit to the Deputy Environmental Services Director/City Planner a final site plan exhibit that shows a minimum of one alternative fueling system per 100 required parking spaces to conform with Simi Valley Municipal Code (SVMC) Section 9-44.105.G.6.
*A-20 Applicant must design and construct improvements such that all existing and proposed utilities are underground per SVMC Sections 9-64.040.G and 9-30.090.
*A-21 Applicant must submit to the Deputy Environmental Services Director/City Planner a Fence and Wall Plan that includes details on all existing and proposed fences, walls, and gates, that includes colors, materials, textures, 32 CASE NO.: PD-S-2021-0005 (Ref. TP-S-2021-0001)
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heights, and style. Materials must be slumpstone, wrought iron, textured concrete block, or other similarly constructed walls. All property line walls and fences must not be placed more than one inch away from any property line.
*A-22 Applicant must submit to the Deputy Environmental Services Director/City Planner for review and approval, a Final Roof Plan that demonstrates that all proposed rooftop HVAC units will be screened by the proposed parapet and screen walls.
*A-23 Prior to a Final Building Inspection or Issuance of a Certificate of Occupancy, whichever occurs first, Applicant must submit to the Deputy Environmental Services Director/City Planner a parking plan showing assigned parking for each unit.
*A-24 Architectural treatment must be to the building elevations in the form of trim around the windows and doors, recessed windows, awnings and overhangs, patio trellises, roof eaves, etc., for the review and approval by the Deputy Environmental Services Director/City Planner. *A-25 Commercial uses must not be conducted between the hours of 12 a.m. and 6 a.m., unless approved with a Conditional Use Permit, for approval by the Deputy Environmental Services Director/City Planner.
*A-26 Any future development within the overall boundaries of PD-S-2021-0005 must account for this project’s density, irrespective of parcel boundaries within the development.
*A-27 Applicant must submit to the Deputy Environmental Services Director/City Planner for and approval revised east building elevations to provide additional detailing including trellises, awnings, balconies, recesses, etc., representative of the west elevation.
*A-28 The Applicant must submit an AB3205 Form to the Ventura County Air Pollution Control District (APCD) for approval. In addition, the contractor shall notify APCD 10 business days prior to the abatement commencement, if applicable, by submitting a Notification of Demolition or Renovation Form.

Demolition and/or renovation activities shall be conducted in compliance with APCD Rule 62.7, Asbestos – Demolition and Renovation.

B. PUBLIC WORKS CONDITIONS:

General:

B-1 These Conditions of Approval shall supersede all conflicting notations, specifications, dimensions and typical sections, which may be shown on development plans or exhibits. The Conditions stated herein shall not be considered a comprehensive listing of all State and Municipal Code requirements and City ordinances and policies. All of the following Conditions, including the payment of all the miscellaneous fees, must be completed prior to the issuance of a Zoning Clearance, unless other timing has been approved by the City Engineer. The conditions marked with an 33 CASE NO.: PD-S-2021-0005 (Ref. TP-S-2021-0001)
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asterisk (*) are Special Conditions applicable specifically to this project. In the event of a conflict between a Standard Condition and a Special Condition, the Special Condition will take precedence.

B-2 Prior to the issuance of a Grading Permit, Applicant must submit improvement plans on 24" x 36" sheets having the City's standard signature blocks. All lettering on the plans must be a minimum of .08 inch in size and the plans must be drawn to ensure reproduction and record keeping. All plans must be drawn in ink and must be signed by a California State Registered Civil Engineer at the time of first submittal. All improvement plans must comply with Chapter 7 of the Ventura County Land Development Manual adopted by City Council Resolution No. 69-8. Applicant must submit improvement plans for the entire project as one package and must include all project improvements shown on the approved project exhibits and those to be designed per these Conditions (Piecemeal submittal of plans is not acceptable). This package must include all supporting studies.

Plans and studies must be signed by a California State Registered Civil Engineer at the time of first submittal.

B-3 Applicant must obtain an encroachment permit for construction of public infrastructure. Prior to the permit’s issuance, all improvement plans and submittals must be accepted by the City Engineer, all applicable fees must be paid, all securities must be posted and insurance documentation provided. The above submittals must comply with SVMC Section 7-1.

B-4 Prior to requesting a final inspection for release of securities, Applicant must submit record drawings, certifications, final soils report, and a digital file of record drawings (in an ESRI Info or DWG format compatible with the City GIS database) to the Department of Public Works.

B-5 Prior to occupancy Applicant must complete all improvements per the accepted plans and approved conditions, and obtain acceptance for the improvements from the City.
*B-6 Applicant must design improvements such that all existing and proposed utilities are underground per SVMC Section 9-30 and 9-64.

Grading:

B-7 Prior to issuance of a grading permit, Applicant must submit a site paving, drainage, and grading plan subject to review and approval by the City Engineer. The plans must be in conformance with Chapter 7 of the Ventura County Land Development Manual adopted by City Council Resolution No. 69-8. The site paving, drainage, and grading plan must be accompanied by a soils report, prepared to comply with the Guidelines for Geotechnical and Geological Reports in the City of Simi Valley.

B-8 Prior to the issuance of a grading permit, Applicant must post improvement securities for all grading, must pay all applicable fees, and must provide insurance documentation. The above submittals must comply with SVMC Section 7-1.
34 CASE NO.: PD-S-2021-0005 (Ref. TP-S-2021-0001)
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B-9 Applicant must obtain a grading permit, must complete the grading according to the approved plans, and must provide certifications by the soils engineer and civil engineer.

Drainage:

B-10 Prior to the issuance of a grading permit, Applicant must provide a final drainage study prepared by a California State Registered Civil Engineer.

This study must include hydrologic and hydraulic calculations and comply with the City of Simi Valley Drainage Study Guidelines, Goal VIII-3 of the General Plan, the Ventura County Hydrology Manual, and the Hydraulic Design Manual of the Los Angeles County and Ventura County Watershed Protection Districts.

B-11 Applicant must incorporate storm water detention into the improvement plans. Detention design must conform to the City of Simi Valley Drainage Study Guidelines. Site runoff cannot exceed the 10-year undeveloped storm runoff from the site area. The hydrograph flood routing method or unit volume method using 1,000/2,500 cubic feet per acre (bypass/flow through respectively) may be used for detention design when the project does not exceed 10 acres of developable area. For projects of 10 acres or more of developable area, the unit volume method must be used. Detention facilities must be privately maintained by the property owner(s) or homeowner(s) association.

B-12 Prior to the issuance of a grading permit, Applicant must prepare a Storm Water Pollution Prevention Plan (SWPPP) and shall incorporate permanent storm water quality treatment devices into the site improvements for review, prior to approval by the City Engineer. The SWPPP shall be prepared and implemented to comply with:
a. State Water Resources Control Board, Division of Water Quality Order No. 2009-0009-DWQ: National Pollutant Discharge
Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities, NPDES No. CAS000002, dated September 2, 2009; b. State of California, California Regional Water Quality Control Board, Los Angeles Region Order No. R4-2010-0108: Waste Discharge Requirements for Storm Water (Wet Weather) and Non-Storm Water (Dry Weather) Discharges from the Municipal Separate Sewer Systems within the Ventura County Watershed Protection District, County of Ventura, and the Incorporated Cities Therein, dated July 8, 2010; and
c. A Notice of Intent (NOI) shall be submitted to the Los Angeles Regional State Water Resources Control Board to comply with General Permit No. 2009-0009-DWQ.

Applicant must identify pollutant sources and shall include design and recommended construction, implementation and maintenance measures in 35 CASE NO.: PD-S-2021-0005 (Ref. TP-S-2021-0001)
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order to eliminate or reduce the discharges of pollutants from the project site to the public storm drain system during and after the construction period. For any work in progress, updated SWPPP and erosion control plans shall be submitted during the period from November 1 to April 1 of each year.
*B-13 Applicant must submit to the City Engineer for review and shall execute and record upon approval a Convent and Agreement regarding Stormwater Treatment Device Maintenance consistent with the current Technical Guidance Manual for Stormwater Quality Control Measures of the Ventura County Stormwater Quality Management Program.

Traffic:
*B-14 Applicant must construct any landscaping to incorporate and provide for the minimum safe vehicle/driver sight distances at the project driveways, restricting the height of any planting material to 30 inches or less within the driver's sight distance area per City Standard SV 20-130; in addition, no walls, berms, slopes, backflow prevention devices, on-site project monuments, signs, or other impediments to the driver's sight visibility will be allowed within that restricted area; all as directed by the City Engineer. Any proposed decorative pavement, on-site project monuments, or signs must be located outside of the public right-of-way, as directed by the City Engineer.
*B-15 Applicant must construct all frontage improvements on Tapo Street in accordance with the General Plan, including curb, gutter, sidewalk, traffic signing and striping, and any enriched parkways to the satisfaction of City Engineer.
*B-16 Applicant must construct any improvements in the public right-of-way in accordance with the Caltrans Standard Plans, and the California Manual on Uniform Traffic Control Devices, latest editions.
*B-17 Applicant must construct all on-site traffic circulation elements and traffic control devices (e.g. pavement delineation, signage) in accordance with the California Manual on Uniform Traffic Control Devices, latest edition. *B-18 Applicant must reconstruct the project access driveway on Tapo Street per City Standard SV 11-20 to achieve current Americans with Disabilities Act (ADA) Standards.
*B-19 Applicant must construct median modifications to address removal of the driveway on Tapo Street, to the satisfaction of the City Engineer. *B-20 Applicant must construct pavement delineation and signage improvements to address removal of the driveway on Tapo Street, to the satisfaction of the City Engineer.
36 CASE NO.: PD-S-2021-0005 (Ref. TP-S-2021-0001)
APPLICANT:SANTA SUSANA GRF2, LLC
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*B-21 Applicant must construct street lighting relocations associated with the median modifications per City Standards, and to the satisfaction of the City Engineer.
*B-22 All existing decorative street light fixtures within the median and right shoulder on Tapo Street along the existing parcel (from Cochran Street to Alpine Street) must be upgraded to the LED fixtures. Applicant must coordinate replacement with the City Traffic Engineer.
*B-23 Prior to the issuance of a Zoning Clearance, Applicant must provide a memorandum addressing the potential additional trips generated by special events at the private park, for review and approval by the Traffic Engineer.

The final traffic fees will be assessed based on the additional trips generated by these activities and will be in addition to the calculated fees as described in Condition Nos. *B-24 and *B-25.
*B-24 As the existing uses on the project site did not contribute traffic impact fees at the time of approval/occupancy, Applicant is responsible for paying traffic impact fees for the new development application.

Applicant must therefore pay the Traffic Impact Fee specified in the City of Simi Valley Schedule of Service Charges in effect at the time of payment, as stated in the current Traffic Impact Fee Resolution. The total fee is based on daily vehicle trip ends, with the current fee of $100.00 per trip. As the redeveloped portion of the project is forecast to generate 1,750 daily trip ends, the total fee is $175,000.
*B-25 Applicant must pay the Ventura County Reciprocal Traffic Impact Fee in effect at the time of payment, as stated in City Council Resolution No. 2002-

22. The fee is based on daily vehicle trip ends, with the current fee of $5.50 per daily trip. As the redeveloped portion of the project is forecast to generate 1,750 daily trip ends, the total fee is $9,625.

Sanitation:

B-26 Applicant must construct all sewer lateral connections in compliance with the Manual and Standard Plans for the Design and Construction of Sanitary Sewerage Facilities adopted by the City Council of the City of Simi Valley on August 28, 2006, and its subsequent revisions, and per Standard Plan SV 40-190.

B-27 Applicant must apply for, and obtain, a Sewer Will-Serve Letter from the Sanitation Services Division prior to supplement zoning clearance.

B-28 Prior to issuance of a Sewer Will-Serve Letter, Applicant must pay all applicable sewer connection fees. The estimated total fee of $918,680 is based on the current rate of $3,281 per unit for multi-family dwellings. The actual fees will be determined at the time of payment.

B-29 Applicant must receive approval from the Building and Safety Division for the construction of private on-site sewer facilities. On-site private sewer 37 CASE NO.: PD-S-2021-0005 (Ref. TP-S-2021-0001)
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lines must be designed with a minimum 2 percent slope per the latest California Plumbing Code.

Maintenance:

B-30 Prior to the issuance of a Grading Permit, Applicant must have received Public Works approval for the projects construction level Landscape and Irrigation design plans and must have paid all public works plan check and inspection fees.

B-32 Prior to the issuance of the Certificate of Occupancy of the first building completed, Applicant must have completed installation of Right-of-Way landscape improvements as shown on the City Approved Landscape Plans.

C. LANDSCAPING CONDITIONS:

C-1 Applicant must submit final landscape and irrigation plans, and supporting materials, to the Deputy Environmental Services Director/City Planner for review and approval. The final plans/materials must:
a. Comply with the City of Simi Valley Landscape Design Guidelines; b. Comply with the conceptual landscape plan as approved by the Planning Commission;
c. Comply with the recommendations of the City’s Consulting Landscape Architect, to ensure plans conform to the Planning Commission approval, the City’s Landscape Design Guidelines, and the 2015 State Model Water Efficient Landscape Ordinance as implemented by the City of Simi Valley;
d. Comply with the approved site plan and Public Works grading and improvement plans;
e. Include an Agronomic Soils Report as specified in the 2015 State Model Water Efficient Landscape Ordinance as implemented by the City of Simi Valley. The soils report must be based on soil conditions after the establishment of final grades, and final landscape plans must incorporate the report recommendations;
38 CASE NO.: PD-S-2021-0005 (Ref. TP-S-2021-0001)
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f. Include a Water Efficient Landscape Worksheet with each submittal of landscape and irrigation plans;
g. Show all protected trees pursuant to Section 9-38.050 of the SVMC; h. Provide root barriers for all trees planted in parking lot, perimeter, and foundation planting areas, per Simi Valley Standard Plans 51-20 and 51-60;
i. Include planting and irrigation with native compatible, fire-resistant plants in areas adjacent to existing native vegetation. All plant materials must be low-water use and must not include any live turf areas. The plant palette must not include invasive plants as listed in the California Invasive Plant Council (Cal-IPC) Invasive Plant Inventory;
j. Clearly identify required temporary landscape-related improvements and irrigation (e.g., for erosion control), separately from permanent systems; and
k. Provide an estimate of the total landscape construction cost.

C-2 All landscaping must be low water use, with drought-tolerant plant materials irrigated by a low-precipitation or drip-irrigation system. Materials must be from the Water Use Classification of Landscape Species (WUCOLS) Low Water-Using Plant List, and the irrigation system will utilize in-ground moisture sensors, which are connected to the automatic controller governing the rate and frequency of irrigation.

C-3 Prior to the issuance of a Zoning Clearance or a Grading Permit, whichever comes first, Applicant must obtain a Tree Removal Permit in accordance with SVMC Section 9-38.070 et seq. for any protected trees designated for removal on the plan. Unless otherwise approved by the Deputy Environmental Services Director/City Planner, Applicant will not remove any of the mature trees prior to the commencement of any grading.

C-4 From the date of this approval until final inspection or certificate of occupancy for the last building to be built pursuant to this permit, Applicant must protect and preserve existing protected trees identified in the approved Tree Report, prepared by Pax Environmental, dated October 1, 2021, pursuant to SVMC Chapter 9-38 and City’s Landscape Design Guidelines, unless a Tree Removal Permit authorizing their removal has been issued by the Department of Environmental Services.

C-5 For the lifetime of the permit, Applicant must mitigate the loss of all protected trees, relocated trees, and trees identified on the Final Landscape Plan, pursuant to SVMC Chapter 9-38 and the City’s Landscape Design Guidelines.

C-6 Prior to the issuance of a Certificate of Occupancy or a Final Inspection request, whichever comes first, Applicant must:
39 CASE NO.: PD-S-2021-0005 (Ref. TP-S-2021-0001)
APPLICANT:SANTA SUSANA GRF2, LLC
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a. Install all landscaping so as to be consistent with the approved landscape plans referred to in Condition C-1;
b. Require that the landscape architect be present during the final landscape inspection by the City and certify that the installation of landscape materials and irrigation systems are in compliance with the approved landscape plan; and
c. Provide required Landscape Documentation Package following completion of the landscape installation.

C-7 For the lifetime of this permit, Applicant must adhere to the City's Landscape Maintenance Requirements as follows:
a. Trees will be thinned as defined by the Tree Care Industry Association, ANSI A300 Standards to eliminate crowding or x-crossing branches, to remove dead or broken limbs, and to remove structurally weak branch attachments;
b. Tree canopies will not be topped (to remove or cut the top of the tree) or pollarded (to cut back to the trunk to promote the growth of a dense head of foliage) as defined by the Tree Care Industry Association, ANSI A300 Standards;
c. All pruning will comply with the International Society of Arboriculture, Best Management Practices-Tree Pruning, current edition; d. No more than 20% of tree canopy will be removed during a growing season;
e. Branches will be removed as needed to allow for a 14-foot vehicular path clearance and an eight-foot pedestrian path clearance; f. All pruning will be supervised by a certified or consulting arborist; and g. Replace all dead or missing plants so as to comply with the approved landscape plan. The minimum replacement size will be at least a 24” boxed tree or five-gallon shrub/vine, or a one-gallon groundcover.

D. VENTURA COUNTY FIRE PROTECTION DISTRICT:

D-1 Private roads must comply with Public Road Standards. a. Access road width of 24 feet must be required with no on-street parking permitted, or per Public Road Standards whichever is stricter.
b. Aerial Ladder Fire Apparatus Access, Multi-Family, Commercial, or Industrial Buildings or portions of buildings or facilities with perimeter eave lines exceeding 30 feet in height above the lowest level of fire department access must require an approved aerial ladder fire 40 CASE NO.: PD-S-2021-0005 (Ref. TP-S-2021-0001)
APPLICANT:SANTA SUSANA GRF2, LLC
PDS20210005etalCCmtg2-28-22(klk)
apparatus access roads and driveways. Aerial fire apparatus access roads and driveways must have a minimum clear width of 30 feet.

Overhead utility and power lines must not be located within the aerial ladder fire apparatus access roads and driveways. At least one of the required access routes meeting this condition must be located a minimum of 15 feet and a maximum of 30 feet parallel to one side of the buildings, as approved by the Fire District. Buildings exceeding 50,000 square feet must have the required access route along a minimum of two sides. Parking shall be prohibited along the required width of the access roads and driveways. Landscaping and other improvements between the required access and the buildings must not interfere with aerial ladder fire apparatus operations, as approved by the Fire District and per VCFD 501 Fire Apparatus Access Std. c. Mitigations to Aerial Apparatus Access Roads. The fire code official is authorized to reduce the required width to not less than 24 feet when all of the following are provided:
i. Automatic fire sprinklers are installed throughout the structure in accordance with NFPA 13.
ii. Fire sprinkler standpipes are provided on all floors and through to the roof.
iii. Two or more roof access points are provided through 2-hour fire rated stairs separated a distance not less than half of the diagonal of the structure.

D-2 Applicant must obtain VCFD Form #610 "Fire Permit Application” and Form #625 “Fire Flow Verification” prior to obtaining a building permit for any new structures or additions to existing structures. 610 application to include site plan for proposed structure and landscape plan to confirm Aerial Access compliant with 501 Standard.

D-3 Plans for water systems supplying fire hydrants and/or fire sprinkler systems and not located within a water purveyor’s easement, must be submitted to the Fire District for review and approval prior to issuance of grading and/or building permits or signing of Mylar plans, whichever is first. Plans must reflect only dedicated private fire service lines and associated appurtenances. Plan must be design and submitted with the appropriate fees in accordance with VCFPD Standard 14.7.2.

D-4 Applicant must submit two (2) site plans to the Fire District for review and approval of Access and location of fire lanes. Prior to occupancy, all fire lanes must be posted “NO PARKING – FIRE LANE – TOW AWAY” in accordance with California Vehicle Code, the International Fire Code and current VCFPD Fire Lane Standards. All signs and or Fire Lane markings must be within recorded access easements.
41 CASE NO.: PD-S-2021-0005 (Ref. TP-S-2021-0001)
APPLICANT:SANTA SUSANA GRF2, LLC
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D-5 Building plans of all A, E, I, H, R-1, R-2 or R-4 occupancies must be submitted, with payment for plan check, to the Fire District for review and approval prior to obtaining a building permit.

D-6 Plans for water systems supplying fire hydrants and located within a water purveyor’s easement, must be submitted to the Fire District for review and approval prior to issuance of grading and/or building permits or signing of Mylar plans, whichever is first.

D-7 Prior to combustible construction, a paved all-weather access road/driveway suitable for use by a 20-ton Fire District vehicle must be installed at locations approved by the Fire District.

D-8 Prior to combustible construction, all utilities located within the access road and the first lift of the access road pavement must be installed. A minimum 20-foot clear width must remain free of obstruction during any construction activities within the development once combustible construction starts.

D-9 Approved turnouts must be provided along the access road at locations as required by the Fire District. Turnout areas must not be used for parking and must be kept free of obstructions at all times. Turnout areas must be posted as Fire Lanes in accordance with Fire District Fire Lane Standards. Provide Turnouts for Emergency Vehicles.

D-10 The property owner(s) are hereby advised that parking on access roads/driveways and fire department turnarounds is prohibited.

D-11 The access road/driveway must be extended to within 150 feet of all portions of the exterior walls of the first story of any building and must be in accordance with Fire District access standards. Where the access roadway cannot be provided, approved fire protection system or systems must be installed as required and acceptable to the Fire District.

D-12 That the access road(s)/driveway(s) must be certified by a registered civil engineer as having an all-weather surface in conformance with Public Works and/or Fire District standards. This certification must be submitted to the Fire District for review and approval prior to occupancy.

D-13 Approved walkways must be provided from all building openings to the public way or fire department access road/driveway.

D-14 If gates are to be locked, a Knox system must be installed. The method of gate control, including operation during power failure (battery back-up), must be subject to review by the Fire Prevention Division. Gate plan details must be submitted to the Fire District for approval prior to installation. A final acceptance inspection by the Fire District is required prior to placing any gate into service.

D-15 Building address numbers, a minimum of ten inches (10") high, must be installed prior to occupancy, must be of contrasting color to the background, and must be readily visible at night. Brass or gold-plated numbers must not 42 CASE NO.: PD-S-2021-0005 (Ref. TP-S-2021-0001)
APPLICANT:SANTA SUSANA GRF2, LLC
PDS20210005etalCCmtg2-28-22(klk)
be used. Where structures are set back more than 150 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is not visible from the street, the address number(s) must be posted adjacent to the driveway entrance on an elevated post. Individual unit numbers must be a minimum of 4 inches in height and must be posted at the front and rear entrance to each unit. Additional address directional signs may be required at common building entrances and stairways.

D-16 An address directory must be provided at all entrances to the project at locations approved by the Fire District. Design must be in accordance with Fire District Addressing Standards. Directory plans must be submitted to the Fire Prevention Division for review and approval prior to installation.

D-17 A plan must be submitted to the Fire District for review indicating the method in which buildings are to be identified by address numbers.

D-18 All accessory room doors must be labeled on the doors indicating use of the room (i.e., Electrical Room, Riser Room, Fire Alarm Panel Inside, Storage Room, Janitor, Roof Access, etc.).

D-19 All exit doors must swing in the direction of travel (outwards) when leaving the building.

D-20 All exit doors must be provided with panic hardware when serving A, E and/orI occupancies with an occupant load of 50 or more persons.

D-21 Access controlled doors, delayed egress devices and Security Grills must comply with California Building Code (CBC) Chapter 10 and must be approved by both the Building and Fire Departments prior to installation. A final acceptance inspection by both Building and Fire Departments is required prior to activating the egress controls.

D-22 All required egress aisles must be maintained clear of obstructions at any time.

D-23 All emergency lights and exit signs must be maintained in an operable condition at all times.

D-25 Prior to construction, Applicant must submit plans to the Fire District for placement of fire hydrants. On plans, show existing hydrants within 500 feet of the development. Indicate the type of hydrant, number and size of outlets.
43 CASE NO.: PD-S-2021-0005 (Ref. TP-S-2021-0001)
APPLICANT:SANTA SUSANA GRF2, LLC
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D-26 Fire hydrant(s) must be provided in accordance with the current adopted edition of the International Fire Code, Appendix C and adopted amendments. On-site fire hydrants may be required as determined by the Fire District.

D-27 Fire hydrants must be installed and in service prior to combustible construction and must conform to the minimum standard of the City of Simi Valley Water Works Manual and the following.
a. Each hydrant must be a 6 inch wet barrel design and must have one (1) 4 inch and two (2) 2 ½ inch outlet(s).
b. The required fire flow must be achieved at no less than 20-psi residual pressure.
c. Fire hydrants must be spaced 300 feet on center and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants must be set back from the curb face 24 inches on center.
e. No obstructions can be placed within three (3) feet of any fire hydrant, including but not limited to walls, trees, light poles signposts, meters, etc.,
f. A concrete pad must be installed extending 18 inches out from the fire hydrant.
g. Ground clearance to the lowest operating nut must be between 18 to 24 inches.

D-28 Prior to combustible construction on any parcel, a fire hydrant capable of providing the required fire flow and duration must be installed and in service along the access road/driveway at a location approved by the Fire District, but no further than 250 feet from the building site. The owner of the combustible construction is responsible for the cost of this installation.

D-30 The minimum fire flow required must be determined as specified by the current adopted edition of the International Fire Code Appendix B with adopted Amendments and the applicable Water Manual for the jurisdiction (with ever is more restrictive). Applicant must verify that the water purveyor can provide the required volume and duration at the project prior to obtaining a building permit.
44 CASE NO.: PD-S-2021-0005 (Ref. TP-S-2021-0001)
APPLICANT:SANTA SUSANA GRF2, LLC
PDS20210005etalCCmtg2-28-22(klk)
D-31 All structures must be provided with an NFPA 13 automatic fire sprinkler system in accordance with current VCFPD Ordinance at time of building permit application
a. Fire sprinkler standpipes are provided on all floors and through to the roof.
b. Class I systems must be placed in the parking garage levels to meet all areas within a 100’ travel distance.

D-32 Plans for all fire protection systems (sprinklers, dry chemical, hood systems, etc.) must be submitted, with payment for plan check, to the Fire District for review and approval prior to installation. Note: Fire sprinkler systems with 20 or more heads must be supervised by a fire alarm system in accordance with Fire District requirements.

D-33 A fire alarm system must be installed in all buildings in accordance with California Building and Fire Code requirements.

D-34 The building fire sprinkler system must be serviced and maintained in a proper working order at all times. Required maintenance inspections and service personnel must be in accordance with CCR Title 19, and VCFPD Ordinance. Service and maintenance records must be maintained on-site and available for review by the Fire Department upon request.

D-35 A current Five-Year Fire Sprinkler System certification must be maintained at all times in accordance with CCR Title-19 and VCFPD requirements. The required Five-Year Report must be submitted to the Fire Department prior to expiration of the previous Five-Year certification.

D-36 Fire extinguishers must be installed in accordance with the International Fire Code. The placement of extinguishers must be subject to review by the Fire District.

D-37 Commercial trash dumpsters and containers with an individual capacity of

1.5 cubic yards or greater must not be stored or placed within 5 feet of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic fire sprinklers.

D-38 Applicant must submit a phasing plan to the Fire Department for review and approval prior to construction.

I. MITIGATION MONITORING CONDITIONS:

I-1 During clearing, grading, earthmoving, or excavation operations, excessive fugitive dust emissions must be controlled by regular watering or other dust- preventative measures using the following procedures as specified by the County Air Pollution Control District (VCAPCD), including, without limitation, 45 CASE NO.: PD-S-2021-0005 (Ref. TP-S-2021-0001)
APPLICANT:SANTA SUSANA GRF2, LLC
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VCAPCD Rule 50 (Opacity), Rule 51 (Nuisance), and Rule 55 (Fugitive Dust):
a. On-site vehicle speed must not exceed 15 miles per hour (the Project site will contain posted signs with the speed limit).
b. All on-site construction roads with vehicle traffic must be watered periodically.
c. Streets adjacent to the Project site must be swept as needed to remove silt that may have accumulated from construction activities to prevent excessive amounts of dust.
d. All material excavated or graded must be sufficiently watered to prevent excessive amounts of dust. Watering must occur at least twice daily with complete coverage, preferably in the late morning and after work is done for the day.
e. All clearing, grading, earthmoving, or excavation activities must cease during periods of high winds (i.e., greater than 25 miles per hour averaged over 1 hour) to prevent excessive amounts of dust (contact the VCAPCD meteorologist for current information about average wind speeds).
f. All material transported off site must be either sufficiently watered or securely covered to prevent excessive amounts of dust.
g. The area disturbed by clearing, grading, earthmoving, or excavation operations must be minimized to prevent excessive amounts of dust.

These control techniques must be indicated on Project grading plans. The Applicant and/or its contractor must be responsible for implementing these measures, and compliance with this measure will be subject to periodic site inspections by the City.

I-2 Project grading plans must show that for the duration of construction, ozone precursor emissions from construction equipment vehicles must be controlled by maintaining equipment engines in good condition and in proper tune per manufacturer’s specifications, to the satisfaction of the City Engineer. Compliance with this measure will be subject to periodic inspections of construction equipment vehicles by the Public Works Department.

I-3 Construction equipment must be outfitted with Best Available Control Technology devices, including a California Air Resources Board–certified Level 3 Diesel Particulate Filter or equivalent control device.

I-4 All trucks that will haul excavated or graded material on site must comply with California Vehicle Code Section 23114, with special attention to subsections 23114(b)(2)(F), (e)(2), and (e)(4) as amended, regarding the prevention of such material spilling onto public streets and roads. 46 CASE NO.: PD-S-2021-0005 (Ref. TP-S-2021-0001)
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I-5 The construction contractor must adhere to VCAPCD Rule 74.2 (Architectural Coatings) for limiting volatile organic compounds from architectural coatings. This rule specifies requirements for storage, clean up, and labeling of architectural coatings.

I-6 For all construction-related activities, noise-attenuation techniques must be employed as needed to ensure that noise remains as low as possible during construction. The following noise-attenuation techniques must be incorporated into contract specifications to reduce the impact of construction noise:
a. Ensure that construction equipment is properly muffled according to industry standards and in good working condition.
b. Place noise-generating construction equipment and locate construction-staging areas away from sensitive uses, where feasible. c. Schedule high noise-producing activities between the hours of 7:00 AM and 5:00 PM to minimize disruption on sensitive uses. d. Implement noise attenuation measures, to the extent feasible, which may include, but are not limited to, temporary noise barriers or noise blankets around stationary construction noise sources.
e. Use electric air compressors and similar power tools rather than diesel equipment, where feasible.
f. All stationary construction equipment (e.g., air compressors, generators, impact wrenches, etc.) must be operated as far away from residential uses as possible and must be shielded with temporary sound barriers, sound aprons, or sound skins. g. Construction-related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, must be turned off when not in use for more than five minutes.
h. Clearly post construction hours, allowable workdays, and the phone number of the job superintendent at all construction entrances to allow for surrounding owners to contact the job superintendent. If the City or the job superintendent receives a complaint, the superintendent must investigate, take appropriate corrective action, and report the action taken to the reporting party.

I-7 The Project Applicant shall retain a professional Native American monitor procured by the Gabrieleno/Tongva San Gabriel Band of Mission Indians (GTIOC) to observe all ground disturbance activities including, but not limited to, excavating, digging, trenching, plowing, drilling, tunneling, quarrying, grading, leveling, clearing, driving posts, auguring, blasting, stripping topsoil or similar activity, and archaeological work. If cultural resources are encountered, the Native American monitor will have the 47 CASE NO.: PD-S-2021-0005 (Ref. TP-S-2021-0001)
APPLICANT:SANTA SUSANA GRF2, LLC
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authority to request ground disturbing activities cease within 60 feet of discovery to assess and document potential finds in real time.

I-8 In the event that cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) must cease and a qualified archaeologist meeting Secretary of Interior standards must assess the find. Work on the portions of the project outside of the buffered area may continue during this assessment period. The Fernandeño Tataviam Band of Mission Indians (FTBMI) must also be contacted (Contact Phone: (818) 837-0794; Email: [email protected]) regarding any pre-contact and/or post-contact finds and be provided information after the archaeologist makes the initial assessment of the nature of the find, so as to provide tribal input with regards to significance and treatment.

I-9 The Applicant must, in good faith, consult with the FTBMI on the disposition and treatment of any Tribal Cultural Resource encountered during all ground-disturbing activities.

END OF ALL CONDITIONS
48 EXHIBIT D
PDS20210005etalCCmtg2-28-22(klk)

MITIGATION MONITORING AND REPORTING PROGRAM
FOR PD-S-2021-0005 / TP-S-2021-0001
Mitigation Measure/Condition of Approval When
Monitoring to
Occur
Department
Responsible for
Monitoring
Compliance Verification
Initial Date Comments
I-1 During clearing, grading, earthmoving,
or excavation operations, excessive
fugitive dust emissions must be
controlled by regular watering or other
dust-preventative measures using the
following procedures as specified by the
Ventura County Air Pollution Control
District (VCAPCD), including, without
limitation, VCAPCD Rule 50 (Opacity),
Rule 51 (Nuisance), and Rule 55
(Fugitive Dust):
i. On-site vehicle speed must not
exceed 15 miles per hour (the
Project site will contain posted
signs with the speed limit).
ii. All on-site construction roads
with vehicle traffic must be
watered periodically.
iii. Streets adjacent to the Project
site must be swept as needed to
remove silt that may have
accumulated from construction
activities to prevent excessive
amounts of dust.
iv. All material excavated or graded
must be sufficiently watered to
Prior to
issuance of a
grading permit
the grading
plans must
contain a note
committing to
this
requirement.

Environmental
Services
49 PDS20210005etalCCmtg2-28-22(klk)
Mitigation Measure/Condition of Approval When
Monitoring to
Occur
Department
Responsible for
Monitoring
Compliance Verification
Initial Date Comments
prevent excessive amounts of
dust. Watering must occur at
least twice daily with complete
coverage, preferably in the late
morning and after work is done
for the day.
v. All clearing, grading,
earthmoving, or excavation
activities must cease during
periods of high winds (i.e.,
greater than 25 miles per hour
averaged over 1 hour) to prevent
excessive amounts of dust
(contact the VCAPCD
meteorologist for current
information about average wind
speeds).
vi. All material transported off site
must be either sufficiently
watered or securely covered to
prevent excessiveamounts of
dust.
vii. The area disturbed by clearing,
grading, earthmoving, or
excavation operations must be
minimized to prevent excessive
amounts of dust. These control
techniques must be indicated on
Project grading plans. The
50 PDS20210005etalCCmtg2-28-22(klk)
Mitigation Measure/Condition of Approval When
Monitoring to
Occur
Department
Responsible for
Monitoring
Compliance Verification
Initial Date Comments
Applicant and/or its contractor
must be responsible for
implementing these measures,
and compliance with this
measure will be subject to
periodic site inspections by the
City.

Compliance with this measure will be
subject to periodic inspections of
construction equipment vehicles by the
Public Works Department.

Prior to
issuance of a
grading permit
the grading
plans must
contain a note
committing to
this
requirement.

Environmental
Services
51 PDS20210005etalCCmtg2-28-22(klk)
Mitigation Measure/Condition of Approval When
Monitoring to
Occur
Department
Responsible for
Monitoring
Compliance Verification
Initial Date Comments
I-3 Construction equipment must be
outfitted with Best Available Control
Technology devices, including a
California Air Resources Board–
certified Level 3 Diesel Particulate Filter
or equivalent control device.

Prior to
issuance of a
grading permit
the grading
plans must
contain a note
committing to
this
requirement.

Environmental
Services
I-4 All trucks that will haul excavated or
graded material on site must comply
with California Vehicle Code Section
23114, with special attention to
subsections 23114(b)(2)(F), (e)(2), and
(e)(4) as amended, regarding the
prevention of such material spilling onto
public streets and roads.

Prior to
issuance of a
grading permit
the grading
plans must
contain a note
committing to
this
requirement.

Environmental
Services
52 PDS20210005etalCCmtg2-28-22(klk)
Mitigation Measure/Condition of Approval When
Monitoring to
Occur
Department
Responsible for
Monitoring
Compliance Verification
Initial Date Comments
I-5 The construction contractor must
adhere to VCAPCD Rule 74.2
(Architectural Coatings) for limiting
volatile organiccompounds from
architectural coatings. This rule
specifies requirements for storage,
clean up, and labeling of architectural
coatings.

Prior to
issuance of a
grading permit
the grading
plans must
contain a note
committing to
this
requirement.

Environmental
Services
I-6 For all construction-related activities,
noise-attenuation techniques must be
employed as needed to ensure that
noise remains as low as possible during
construction. The following noise-
attenuation techniques must be
incorporated into contract specifications
to reduce the impact of construction
noise:
i.Ensure that construction equipment is
properly muffled according to
industry standards and in good
working condition.
ii.Place noise-generating construction
equipment and locate construction-
Prior to
issuance of a
grading permit
the grading
plans must
contain a note
committing to
this
requirement.

Environmental
Services
53 PDS20210005etalCCmtg2-28-22(klk)
Mitigation Measure/Condition of Approval When
Monitoring to
Occur
Department
Responsible for
Monitoring
Compliance Verification
Initial Date Comments
staging areas away from sensitive
uses, where feasible.
iii.Schedule high noise-producing
activities between the hours of 7:00
AM and 5:00 PM to minimize
disruption on sensitive uses.
iv.Implement noise attenuation measures,
to the extent feasible, which may
include, but are not limited to,
temporary noise barriers or noise
blankets around stationary
construction noise sources.
v.Use electric air compressors and similar
power tools rather than diesel
equipment, where feasible.
vi.All stationary construction equipment
(e.g., air compressors, generators,
impact wrenches, etc.) must be
operated as far away from
residential uses as possible and
must be shielded with temporary
sound barriers, sound aprons, or
sound skins.
vii.Construction-related equipment,
including heavy-duty equipment,
motor vehicles, and portable
equipment, must be turned off when
54 PDS20210005etalCCmtg2-28-22(klk)
Mitigation Measure/Condition of Approval When
Monitoring to
Occur
Department
Responsible for
Monitoring
Compliance Verification
Initial Date Comments
not in use for more than five
minutes.

I-7 The Project Applicant shall retain a
professional Native American monitor
procured by the Gabrielino/Tongva San
Gabriel Band of Mission Indians to
observe all ground disturbance
activities. If cultural resources are
encountered, the Native American
monitor will have the authority to
request ground disturbing activities
cease within 60 feet of discovery to
assess and document potential finds in
real time
Prior to
issuance of a
grading permit
the Applicant
must provide
evidence that a
professional
Native
American
monitor
procured by the
Gabrielino/
Tongva San
Gabriel Band of
Mission Indians
has been
retained to
Environmental
Services
55 PDS20210005etalCCmtg2-28-22(klk)
Mitigation Measure/Condition of Approval When
Monitoring to
Occur
Department
Responsible for
Monitoring
Compliance Verification
Initial Date Comments
observe all
ground
disturbance
activities.

I-8 In the event that cultural resources are
discovered during project activities, all
work in the immediate vicinity of the find
(within a 60-foot buffer) must cease and
a qualified archaeologist, meeting
Secretary of Interior standards, must
assess the find. Work on the portions of
the project outside of the buffered area
may continue during this assessment
period. The Fernandeño Tataviam Band
of Mission Indians (FTBMI) must also be
contacted regarding any pre-contact
and/or post-contact finds and be
provided information after the
archaeologist makes the initial
assessment of the nature of the find, so
as to provide tribal input with regards to
significance and treatment.

Prior to
issuance of a
grading permit
the grading
plans must
contain a note
committing to
this
requirement.

Environmental
Services
56 PDS20210005etalCCmtg2-28-22(klk)
Mitigation Measure/Condition of Approval When
Monitoring to
Occur
Department
Responsible for
Monitoring
Compliance Verification
Initial Date Comments
I-9The Applicant must, in good faith, consult
with the GTIOC and FTBMI on the
disposition and treatment of any Tribal
Cultural Resource encountered during
all ground-disturbing activities.

Prior to
issuance of a
grading permit
the grading
plans must
contain a note
committing to
this
requirement.

Environmental
Services
I-10 The Applicant must submit an AB3205
Form to the Ventura County Air
Pollution Control District (APCD) for
approval.In addition, the contractor
shall notify APCD 10 business days
prior to the abatement commencement,
if applicable, by submitting a Notification
of Demolition or Renovation Form.

Demolition and/or renovation activities
shall be conducted in compliance with
APCD Rule 62.7, Asbestos – Demolition
and Renovation.

Prior to
issuance of a
demolition
permit(s) by
Building &
Safety.

Environmental
Services
57 PDS20210005etalCCmtg2-28-22(klk)
RESOLUTION NO. 2022-09

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SIMI VALLEY APPROVING AN AFFORDABLE HOUSING
AGREEMENT (AHA-2021-0001) WITH SANTA SUSANA
GRF2, LLC, FOR THE DEVELOPMENT “SANTA SUSANA
PROJECT,” FOR PROPERTY LOCATED AT 2196 TAPO
STREET
WHEREAS, the City Council of the City of Simi Valley (“City Council”) proposes to enter into the certain Affordable Housing Agreement (AHA-2021-0001), attached hereto as Exhibit A, with Santa Susana GRF2, LLC (“Developer”) for the development of a 280-unit apartment complex, containing fourteen (14) affordable apartment units (“Project”), reserved for rental and occupancy by very low-income households at an affordable housing price for a period of fifty-five (55) years; on a 5.33- acre portion of a site (“Site”) located at 2196 Tapo Street, as described in the Agreement; and
WHEREAS, the Developer has submitted to the City Council a copy of the Affordable Housing Agreement (AHA-2021-0001) in a form executed by the Developer; and
WHEREAS, the Developer requested the City Council grant one (1) development concession/incentive and six (6) development waivers pursuant to the State Density Bonus law, outlined in the Affordable Housing Agreement (AHA-2021-0001); and WHEREAS, the parties intend that the Affordable Housing Agreement (AHA-2021-0001) will satisfy the objectives of the City pursuant to the Housing Element of the City’s General Plan and State law to provide opportunities for affordable housing for very low-income households; and
WHEREAS, the proposed Affordable Housing Agreement (AHA-2021- 0001) has been found to be consistent with the Mitigated Negative Declaration for the Project; and
WHEREAS, the City Council finds and determines that the City has duly considered all terms and conditions of the proposed Affordable Housing Agreement (AHA-2021-0001), and believes that the development of the Project on the Site pursuant thereto is in the best interests of the City of Simi Valley and the health, safety and welfare of its residents, and in accordance with the public purposes and provisions of applicable state and local laws and requirements.
58 PDS20210005etalCCmtg2-28-22(klk)

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

SECTION 1. That the above recitals are true and correct and have served, together with the Affordable Housing Agreement (AHA-2021-0001) attached hereto as Exhibit A, and as described in the February 28, 2022, City Council staff report, and incorporated herein by reference, as the basis for the approvals set below.

SECTION 2. The City Council hereby finds and determines that the Affordable Housing Agreement (AHA-2021-0001) is consistent with the provisions and goals of the Housing Element and the Implementation Plan in that the Project furthers General Plan Housing Element Policy HE-3.1, whereby the Project provides 14 affordable apartment units to qualified very low-income households, and furthers Implementation Plan objectives to increase housing options for very low-income households.

SECTION 3. The City Council grants one development concession/ incentive as identified in the Affordable Housing Agreement (AHA-2021-0001) attached hereto as Exhibit A, and as described in the February 28, 2022, City Council Staff Report.

SECTION 4. The City Council grants six development waivers as identified in the Affordable Housing Agreement (AHA-2021-0001) attached hereto as Exhibit A, and as described in the February 28, 2022, City Council Staff Report.

SECTION 5. The City Council hereby finds and determines that the 14 affordable apartment units to be provided by the Affordable Housing Agreement (AHA- 2021-0001) will remain available at affordable housing cost to very low-income households for a period of 55 years.

SECTION 6. The City Council hereby approves the Affordable Housing Agreement (AHA-2021-0001) (Exhibit A) between the City of Simi Valley and Santa Susana GRF2, LLC.

SECTION 7. The City Council and the officers of the City are hereby authorized and directed, jointly and severally, to do any and all things, to execute and deliver any and all documents which they may deem necessary or advisable in order to consummate the Affordable Housing Agreement (AHA-2021-0001) (Exhibit A) and to administer the transaction following their execution, and otherwise to effectuate the purposes of this Resolution, and such actions previously taken by such officers are hereby ratified and confirmed.

SECTION 8. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk. 59 PDS20210005etalCCmtg2-28-22(klk)
PASSED and ADOPTED this 28th day of February 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
60 EXHIBIT A
H 10/1-22(wl)
SPACE ABOVE FOR RECORDER‘S USE ONLY
TheUndersigned declaresthat thisdocument is recorded forthe benefitofthe City ofSimi Valleyandtherefore isexempt from the paymentof a recordingfee pursuant to Government CodeSection 6103 & 27383.

APNs: 644-0-070-600
CITY OF SIMI VALLEYAFFORDABLE HOUSING AGREEMENTSANTA SUSANA PROJECT(SANTA SUSANA GRF2, LLC) Theland referred to in this Affordable Housing Agreement (AHA-2021-0001) is situated in the City of Simi Valley,County of Ventura,State of California on a 5.33 acre portion of a parcel generally located at2196 Tapo Street, more particularly described inExhibit “A”, attached.

These Restrictions provide rights to the City of Simi Valley in regulating the rental of the subject 280-unit apartment project, containing fourteen (14) affordable units, for a period of fifty-five (55) years from the issuance of a Certificate of Occupancy.

CITY OF SIMI VALLEYAttn: City Clerk
2929 Tapo Canyon RoadSimi Valley, CA 93063
61 H 10/1-22(wl)

AFFORDABLE HOUSING AGREEMENT

SANTA SUSANA PROJECT
SANTA SUSANA GRF2, LLC
THIS AFFORDABLE HOUSING AGREEMENT (AHA-2021-0001) (“Agreement”) dated as of February 28, 2022 (the “Effective Date”) is entered into among the City of Simi Valley, California, a municipal corporation, hereinafter referred to as “City” and Santa Susana GRF2, LLC, a Delaware limited liability company, hereinafter referred to as “Owner”. The City and Owner are sometimes referred to as the Parties.

RECITALS
A. The Project Site consists of approximately 5.33 acre portion of a parcel located in the City of Simi Valley, County of Ventura, State of California, as described in Exhibit “A”, hereinafter referred to as the “Project Site”.

B. Owner has submitted applications to the City, PD-S-2021-0005, hereinafter referred to as the “Project Approvals”, requesting approval to develop a 280-unit apartment project containing fourteen (14) affordable units, hereinafter referred to as the “Project”, on the Project Site.

C. The Project Site has a density of 20.17 units per acre, which would allow the Owner to construct 280 dwelling units on the Project Site. Owner has not sought and does not require a density bonus above the maximum allowable residential density to construct 280 dwelling units on the Project Site; however, Owner has requested a “concession” and “waivers” pursuant to Simi Valley Municipal Code (“SVMC”) Sec. 9-31- 020 and California Government Code section 69515 (the “Density Bonus Law”).

D. In order to obtain the concession and waivers to allow for the development and operation of the Project, Owner has agreed to restrict the occupancy of fourteen (14) of the dwelling units (“Affordable Units”) so that the Affordable Units are affordable to Very Low Income Households at a rent that does not exceed thirty percent (30%) of fifty percent (50%) of area median income adjusted for family size appropriate for the unit, pursuant to the Density Bonus Laws and as provided in this Agreement.

E. In accordance with the Density Bonus Laws, the City has agreed to provide Owner non-monetary concessions and waivers toward the development of the proposed Project pursuant to the Density Bonus Laws.

NOW THEREFORE, City and Owner (as owner of the real property interests described above) declare that the Project Site shall be held, transferred, encumbered, used, sold, conveyed, leased and occupied subject to the covenants, conditions and restrictions hereinafter set forth expressly and exclusively for the use and benefit of said property. Each and all of the restrictions, limitations, conditions, covenants, liens, reservations and charges herein contained shall run with the land and be recorded on the property title and shall be binding on Parties, their grantees, successors, heirs, executors, administrators, devisees or assigns, and all subsequent owners of all or any part of the Project Site, during the term of this Agreement.
62 H 10/1-22(wl)
In consideration of the mutual promises, obligations, and covenants herein contained, the City and Owner agree as follows:

1. DEFINITIONS

1.01 “AHU” or “Affordable Housing Unit” means each of the fourteen (14) units within the Project, which shall be reserved for rental to Qualified Tenants in accordance with the terms of this Agreement.

1.02 “Affordable Rent” means, for a Very Low Income Household, a monthly rent that does not exceed one-twelfth (1/12th) of thirty percent (30%) of fifty percent (50%) of Area Median Income for a household size appropriate to the Unit. The maximum monthly rental amount of the Units shall be adjusted annually by the formula set forth above upon the promulgation of revised Area Median Income figures. Actual rent charged may be less than such maximum rent.

1.03 “Area Median Income” (AMI) means the annual median income, adjusted according to household size, for the County of Ventura, as most recently published and updated by the United States Department of Housing and Urban Development (“HUD”), and as set forth in Title 25, California Code of Regulations Section 6952, issued by the California Department of Housing and Community Development, or any other comparable source deemed appropriate by the City.

1.04 “Certificate of Occupancy” shall mean any Certificate of Occupancy or equivalent issued by the Building Official of the City of Simi Valley, which indicates that occupancy of the Project has been authorized.

1.05 “Density Bonus Law” means California Government Code Section 65915 et seq., pertaining to Density Bonuses and Other Incentives.

1.06 “Director” shall mean the Environmental Services Director of the City of Simi Valley.

1.07 “Gross Income” means all payments from all sources received by a person (together with the gross income of all persons of the age of 18 years or older who intend to reside with such person in one residential unit), whether in cash or in kind as calculated pursuant to the Department of Housing and Urban Development (“HUD”) Regulations in effect as of the Date of this Agreement.

1.08 “HUD” means the U.S. Department of Housing and Urban Development or any successor agency.

1.09 “Income Limit Schedule” means the Schedule of Income Limits for the County of Ventura most recently published and updated by the United States Department of Housing and Urban Development (“HUD”), and as set forth in Title 25, California Code of Regulations Section 6952, issued by the 63 H 10/1-22(wl)
California Department of Housing and Community Development including the Very Low-Income Limits for Ventura County, adjusted by household size.

1.10 “Initial Rent” means the amount charged to a Qualified Tenant for first occupancy of an AHU immediately after the Certificate of Occupancy or equivalent is issued for the Project.

1.11 “Initial Rent Date” means the first occupancy date of an AHU by a Qualified Tenant immediately following the issuance of a Certificate of Occupancy or equivalent for the Project.

1.12 “Initial Tenant Costs” shall mean all deposits and fees, exclusive of the first month’s rent, charged to a Qualified Tenant prior to occupying an AHU.

1.13 “Manager” shall mean that person (or persons) who resides within the Project and has been hired by Owner to provide on-site management duties.

1.14 “Qualified Tenant” means a renter household or rental applicant household who meets the income criteria herein for eligibility as a Very Low Income Household at the time of the initial tenancy(i.e., the date of initial occupancy as evidenced by execution by the tenant household of the initial Lease or Rental Agreement with the Owner).

1.15 “Restricted Rental Period” shall have the meaning set forth in Paragraph

3.02 of this Agreement.

1.16 “Restricted Rental Rate” means a rental payment regulated by the terms of this Agreement.

1.17 “Very Low Income Household” means persons and families whose incomes do not exceed the qualifying limits for very low income families, in accordance with California Health and Safety Code Section 50105.

2. DESIGNATION OF AFFORDABLE HOUSING UNITS; REGULATORY

INCENTIVES

2.01 Designation of a 280-Unit Apartment Project Containing Fourteen (14) Affordable Housing Units. In exchange for a concession and waivers under the Density Bonus Law, Owner agrees that at all times during the term of this Agreement, fourteen (14) units on the Project Site will be designated to be occupied exclusively by Qualified Tenants at the restricted rents identified in Paragraphs 5 and 5.04 (the “AHUs”).

2.02 Incentives and Waivers. Government Code Section 65915(d) requires that cities and counties provide a developer of a housing development that meets the requirements defined in subsection 65915(b) a specific number 64 H 10/1-22(wl)
of “concessions or incentives” to Owner to assist with the feasibility of the affordable housing project. The number of concessions provided depends on the percentage of the housing development that will be reserved for households at a particular income level. In addition, Government Code Section 65915(e) provides that a city or county shall not apply development standards that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted by Density Bonus Law. Owner hereby acknowledges receipt of at least one additional concession or incentive in exchange for Owner’s agreement to restrict the rents of the Affordable Housing Units. Owner has requested, and City has granted, the following concession (“Concession”) pursuant to Government Code Section 65915(d)(1), the State Density Bonus Law and the Simi Valley Municipal Code (SVMC) 9-31-020(B):
to increase the number of stories from three (3) stories set forth by SVMC Section 9-28.080 and 9-44.105 to four (4) stories.

Separately, Owner has requested, and City has granted, the following waivers (“Waivers”) pursuant to Government Code Section 65915(e)(1) and SVMC 9-31-020(C):
to waive or reduce the private open space requirement set forth in SVMC 9-44.105(E)(1);
to reduce storage requirements set forth in SVMC 9-44.105(D)(4); to reduce bicycle parking requirements set forth in SVMC 9-

44.105(G)(9);
to reduce the drive aisle width requirement of 12’ for one way drives at the garage entries as forth in SVMC 9-34-080(A);
to waive the requirement of utilizing 9’ by 18’ stalls as set forth in SVMC 9-34.080.A and instead utilize 9’ by 15’ stalls for 37 of the Project’s parking spaces; and
to waive the requirement set forth in SVMC 9-44.105.G.3 for off- street parking to be located no more than 200 feet from the dwelling unit for which the parking is provided.

3. TERM

3.01 Term of Agreement. Pursuant to the Density Bonus Law, the term of this Agreement shall begin on the date of the final inspection approval for the Project, issuance of a Certification of Occupancy or equivalent for the project, and shall remain in full force and effect for a period of fifty-five (55) years therefrom.
65 H 10/1-22(wl)

3.02 Restricted Rental Period. City and Owner agree that the Restricted Rental Period shall commence on the Initial Rent Date for the first unit rented under this Agreement and shall terminate fifty-five (55) years after the issuance of a Certificate of Occupancy or equivalent for the Project.

4. TIME CONSTRAINTS

4.01 Maintenance of Entitlements. Owner shall maintain compliance with PD-S- 2021-0005 including extensions and/or modifications. Any violation of PD- S-2021-0005 may result in the City declaring this Agreement null and void.

4.02 Inspection of AHUs. The AHUs shall receive final inspection approval no later than the date that the market-rate units receive final inspection and approval. Time is of the essence in the occupancy of the AHUs.

4.03 Rent Up. The Owner agrees to rent at least five AHUs to Qualified Tenants within six months and the remaining nine AHUs within one year thereafter receiving a Certificate of Occupancy for any of the units in the Project.

5. RENTS

5.01 Initial Rents. The initial gross rent for each AHU in the Project (the “Initial Rents”) shall be in conformance with the allowable “Affordable Rent” for Very Low Income Households, as defined in California Health and Safety Code Section 50053. For Very Low Income Households, the Initial Rent shall be the product of thirty (30) percent times fifty (50) percent of the Area Median Income for Ventura County adjusted for household size appropriate for the unit or if the household is a Section 8 voucher holder, the Fair Market Rent as qualified by Section 8 program with the tenant portion of the rent not exceeding 30% of the household income. Initial Rent must be adjusted by the utility allowance established by the Area Housing Authority of the County of Ventura, except as provided in Section 5.04 of this Agreement.

5.02 Security Deposits. Total deposits including security deposits and any other initial costs required of the Qualified Tenant occupying an AHU, other than the first month’s rent, shall not exceed the tenant portion of one month’s gross rent (without deduction of utility allowance) as determined under Paragraphs 5 or 5.04. If the security deposit exceeds $500, upon request of the Qualified Tenant, s/he will be allowed to pay the deposit in three equal monthly installments which will be due, together with the monthly rent upon execution of the rental agreement, and on the rent due date of the following two months of occupancy of the AHU. Monthly installments shall be credited to tenant’s security account. The security deposit shall not be increased as long as the tenant resides in the same unit.

5.03 Rent Adjustments.
(a) “Adjustment Date” means ninety (90) days following California Department of Housing and Community Development (“HCD”) issuance of updated Area Median Income limits (“AMI”), but in any 66 H 10/1-22(wl)
event, not more frequently than annually as long as this Agreement remains in effect.
(b) On each Adjustment Date, the annual rent increase for each of the fourteen (14) AHUs shall be limited to no more than the lesser of the following:
i. 5.0 percent; or
ii. The percentage increase in the Median Income Limit
for Ventura County.
(c) Notwithstanding Subparagraph (b), in no event shall the tenant portion of the rent for any Affordable Housing Unit exceed 30 percent of 50 percent of the Area Median Income amount, adjusted for household size as established by the California Department Housing and Community Development.

6. METHOD OF RENTAL

6.01 Classification. Any unit occupied by a Qualified Tenant as determined per Paragraph 7.01 shall be considered to have satisfied the occupancy requirements set forth above; therefore, must be subject to the Affordable Rent restrictions provided in this Agreement and shall continue to satisfy such requirements if the tenant is recertified as a Qualified Tenant in accordance with Paragraph 7.02.

7. DETERMINATION OF TENANT ELIGIBILITY

7.01 Qualification. Owner shall be responsible for determining, in accordance with the provisions of Title 25 California Code of Regulations Section 6910, et seq., as those sections may be amended, the income eligibility of a potential AHU renter household. On the date an AHU is leased, the gross annual income of a Qualified Tenant occupying said unit shall not exceed the limit for a Very Low Income Household for Ventura County, as adjusted for the tenant’s household size. Gross income calculations for prospective (and continuing) tenants shall be determined in accordance with 25 Cal.

Code Regs. Section 6914. Owner shall determine income qualification of an applicant tenant household by obtaining and reviewing required income records from each member of such tenant household. Such records should include, but not be limited to, the most recent federal income tax return of each member of said tenant household, bank records, Social Security Administration statements, pay stubs or other documentation, which verified the household’s annual income (the “Supporting Documentation”).

Additionally, Owner shall obtain written certification of the anticipated income of all non-minor members of the tenant household for the 12-month period following the date of determination of income. Also, Owner shall complete and provide to the City an Affordable Housing Program Tenant 67 H 10/1-22(wl)
Certification, Exhibit “B”, prior to use and City reasonably approves such use. Each AHU rented to a Qualified Tenant must be occupied by that household. Further, any AHU shall not be occupied by the Manager, and the Manager’s unit shall not be designated as an AHU.

7.02 Tenant Recertification. Tenant Recertification shall mean the Owner’s annual verification of a Qualified Tenant’s income conducted in accordance with Paragraph 7.01. At least 60 days prior to each Adjustment Date, Owner shall provide written notice to AHU occupants to complete an Affordable Housing Program Tenant Recertification, Exhibit “C”, and to provide supporting income verification documentation to the Owner prior to the Adjustment Date. In the event that the tenant fails to provide proof of income to Owner on or before the Adjustment Date, such tenant shall be deemed to have committed a material breach of the Lease Agreement and the Lease Agreement shall provide that such breach shall be cause for termination of tenancy. Owner shall not renew the tenant’s lease without such proof of income. Subject to the limitations of State and Federal law, no tenant residing in an AHU shall be denied continued occupancy, solely because their household income has increased such that it exceeds the limits for a Very Low Income Household for Ventura County, adjusted for household size pursuant to Section 1.09. Owner shall keep copies of all AHU Tenant Recertification forms on file and make them available to City upon request.

7.03 Change In Household Composition/Income. Owner shall be responsible for, in accordance with the provisions of the HUD Multifamily Occupancy Handbook 4350.3 Chapter 7, annual recertification, interim recertification (change in household composition), unit transfers, and gross rent changes.

8. OUTREACH PROGRAM

8.01 Outreach and Affordable/Affirmative Marketing Program. Owner shall submit for approval a detailed Outreach and Affordable/Affirmative Marketing Program (the “marketing program”), which shall include, but is not limited to advertising, publicity and promotion, to the Director not less than one hundred twenty (120) days prior to the projected completion of the Project. Owner may not commence marketing efforts of the AHUs as part of its overall Marketing Program for the Project, prior to approval of the Outreach and Affordable/Affirmative Marketing Program by the City, which approval shall not be unreasonably withheld or delayed. 68 H 10/1-22(wl)
The purpose of the Outreach and Affordable/Affirmative Marketing Program shall be to solicit and obtain Qualified Tenants for occupancy of all AHUs, to establish a waiting list for units that may become available and to affirmatively further fair housing goals by designing a program that attracts prospective Qualifying Tenants of all majority and minority groups in the housing market area regardless of race, creed, color, religion, sex, national origin, marital status, status with regard to receipt of public assistance, or disability. The Affirmative Marketing Program should assure that any persons normally not likely to apply for the AHUs without special outreach efforts, know about the availability of the AHUs, feel welcome to apply and have the opportunity to rent an AHU. The marketing program shall begin prior to the occupancy of any apartment units within the Project and shall include the following:
(a) A print media schedule as shown on attached Exhibit “D”to be published in a newspaper of City-wide or regional circulation; (b) Noticing and listing the Project throughout the life of this Agreement with the Area Housing Authority of Ventura County, the Senior Center, City Hall, Simi Valley Public Library, and, as appropriate for market conditions, the Simi Valley-Moorpark Association of Realtors, Simi Valley faith community, and such other similar agencies as the Director may designate;
(c) Notifying all persons on the Owner’s waiting list for affordable rental housing;
(d) Establishment of a telephone number for the Project with message capabilities to receive inquiries on vacant units, including the Affordable Housing Units throughout the life of this Agreement; (e) Continuous display of the fair housing logo in the rental office and in advertising;
(f) Budget to adequately fund the reasonably necessary expenses of the foregoing.

The Parties hereto agree that, with the exception of Subparagraphs 8.01 (c) (d), and (e) above, the other items listed above shall be implemented only when vacant units are or will soon be available for rental and when there is no one on the Owner’s waiting list for the AHUs.

8.02 Waiting List.
(a) From the commencement of the Outreach and Marketing Program and through the Restricted Rental Period, Owner shall establish and maintain a waiting list regarding the applicants for the AHUs and select the prospective Qualifying Tenants on a first-come, first served 69 H 10/1-22(wl)
basis. The waiting list shall include the information requested in Exhibit “E”. In no event may the waiting list be closed during the Restricted Rental Period by Owner.
(b) Owner will not be obliged to rent an AHU to a potential renter on a waiting list unless such potential renter agrees to and does enter into a Lease Agreement which provides that the potential renter agrees to occupy the AHU no later than: (a) forty-five (45) days after Owner notifies such potential renter that the AHU will be available for occupancy, or (b) thirty (30) days after such AHU is vacated by the prior tenant, whichever is later.

8.03 Initial Marketing Plan. The Outreach and Affordable/Affirmative Marketing Program shall be no less intensive in the City of Simi Valley as compared to any other region.

8.04 Awareness of the AHU Availability. Owner shall design the Outreach and Affordable/Affirmative Marketing Program to include provisions that create and build audience awareness of the availability of AHUs and equal housing opportunities.

8.05 Failure to Implement an Outreach Program. If Owner fails to submit for approval and implement an Outreach and Affordable/Affirmative Marketing Program, City shall have the right to implement a marketing program, at Owner expense, for the purpose of soliciting Qualified Tenants for Owner’s AHUs.

9. NOTICES, DISCLOSURES, AND RECORDS

9.01 Notices. During the Restricted Rental Period, Owner shall provide the following notices to tenants at the inception of each AHU tenancy:
(a) Housing Information. Owner shall provide tenants and prospective tenants with information on fair housing regulations and the State and Federal agencies responsible for enforcing them.
(b) Adjustment Date. Owner shall inform each tenant, in writing at the time of occupancy of an AHU, the next Adjustment Date for that unit.

Owner shall be responsible for obtaining proof that these items were received by the tenants and shall keep such proof in the tenant files for inspection by City, if requested. This may be accomplished by having the tenants initial the lease that they have received the above information.

Expiration. Owner shall comply with the requirements of Government Code Section 65863.10 and any other then-applicable federal, state or local laws related to the expiration of the affordability period.
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9.02 Right of First Refusal/Preservation Notices. During the term of this Agreement, Owner must be in compliance with Government Code 65863.11 and any other then-applicable sections of State law.

9.03 Subleasing Restricted. As part of every rental agreement, Owner shall provide a clause which, by its terms, shall prohibit to the fullest extent allowed by law, the subject AHU tenant from assigning, subleasing or transferring any interest in the unit to another without obtaining the City’s prior written approval. No such approval will be granted for any sublease which provides for rent or tenant income in excess of that authorized herein.

This provision shall not prohibit Owner and the AHU tenant from entering into a new rental agreement to add additional household members provided that the new tenant household is determined to be eligible in accordance with Section 7.01.

9.04 City Notification. Owner shall make available to City, copies of all notices and housing information delivered under Paragraphs 9.01 through 9.03 within three (3) business days of demand by City. All notices required by Paragraphs 9.01 through 9.03 must be set forth in bold-faced or capitalized letter, in a type face of at least 12 points, and shall be separately initialed by the tenants.

9.05 Notice of Non-Compliance. Upon City determination of a material breach by Owner of the terms of this Agreement, City shall within ten (10) working days after becoming aware of such material breach, provide written notice of the same to Owner in accordance with Paragraph 15.13 herein, describing the nature of said breach, and Owner shall have a reasonable period of time to cure such material breach prior to Owner being in default hereunder.

9.06 Records. Owner shall maintain complete, accurate, and current records pertaining to the Project, and shall permit any duly authorized representative of the City to inspect records, including records pertaining to income, age, and household size of Residents. All Resident lists, applications, and waiting lists relating to the Project shall at all times be kept separate and identifiable from any other business of the Owner and shall be maintained as required by the City, using record-keeping forms provided by the City (Exhibits “B” through “F”), or on forms acceptable to the City, in a reasonable condition for proper audit and subject to examination during business hours by representatives of the City. The Owner shall retain copies of all materials obtained or produced with respect to occupancy of the AHUs from application to move-out and for a period of five (5) years thereof.

10. CONDITION AND MAINTENANCE OF UNITS/PROJECT

10.01 Project Architecture. All units in the Project shall have the same architectural, exterior, and interior treatments, with the exception of the units to be occupied by the Managers.
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10.02 Project Maintenance. Owner shall ensure that sufficient revenues are reserved and expended for maintenance of the Project as required by all applicable laws, and so as to maintain all areas of the Project in a well-kept condition order and repair safe, attractive and continuously functional in accordance with all state and local codes and regulations. Owner further agrees that such maintenance shall be performed in a workmanlike manner on a regular basis and/or as needed and at times which will minimize inconvenience to tenants.

11. REPORTING AND AUDIT REQUIREMENTS

11.01 Status Reports. Beginning on the first anniversary of the Initial Rent Date for the first AHU rented in the Project, and continuing on each such annual anniversary thereafter during the Restricted Rental Period, Owner shall submit the following written reports to the Director:
(a) a copy of the waiting list (Exhibit “E”),
(b) a Unit Summary Report of all Affordable Housing Units (Exhibit “F”).

11.02 Audit. Owner shall permit the City, with reasonable notice and during normal business hours, to inspect the Project Site to verify Owner’s compliance with this Agreement. Owner shall make available to the City, during normal business hours such records as the City may reasonably request to verify such compliance. Should Owner fail to submit timely reports as required by Paragraph 11.01 above, City may cause an audit to be conducted at the sole expense of Owner, in addition to any other available legal remedies. Owner shall cooperate with any such audit and further agrees to make available to the City all documents relative to rental of the AHUs to verify compliance with the terms of this Agreement.

12. ENFORCEMENT PROVISION

12.01 Enforcement. City has the authority to enforce all the provisions of this Agreement, including the Covenants and conditions contained herein. City may take any enforcement action permitted by law, including but not limited to, a civil action for specific performance of the restrictions and terms of this Agreement, damages for breach of contract, restitution and injunctive relief.

The remedies provided herein are cumulative and not exclusive and shall not preclude City from seeking any other remedy to which it otherwise would be entitled under law or equity, as set forth in Section 15.10.

13. SUCCESSORS AND ASSIGNS

13.01 Successors and Assigns. The parties hereto each agree that the obligations and duties contained herein shall be binding upon the City and Owner, and their respective successors and assigns. Owner and its successors shall not assign its rights or delegate its duties or obligations, or sell, transfer, convey, encumber, assign or lease any of the AHUs (other 72 H 10/1-22(wl)
than for individual tenant use as contemplated hereunder). City and its successors and assigns are deemed the beneficiary of the covenants contained herein, without regard to technical classification and designation.

The covenants shall run in favor of City, its successors and assigns without regard to whether City has been, remains, or is an owner of any land or interest thereon. Owner shall provide at a least fifteen (15) day notice to City before any proposed transfer to a successor or assign. The assignee or successor shall agree in writing to assume on behalf of itself and its successors and assigns, all the duties and obligations of the Owner under this Agreement, and any purported assignment will not be valid without such a written agreement.

13.02 Rights of Mortgage Holders. The provisions of this Agreement do not limit the right of the holder of any mortgage, deed of trust or other lien or encumbrance (collectively “Mortgage Holders”) to exercise any of its remedies for the enforcement of any pledge or lien upon the Property, provided however, that the obligations under this Agreement shall survive the exercise of such right through the remainder of the term of this Agreement pursuant to Section 3.01.

14. RECORDATION OF AGREEMENT

14.01 Recording Agreement. This Agreement shall be recorded prior to issuance of building permits. Owner shall also record, separate from this Agreement the Declaration of Conditions and Restrictions on the Transfer of Title or Interest in Real Property document in the form of Exhibit “G”, stating that the conditions and obligations to which the subject Project is bound shall run with the land.

15. GENERAL PROVISIONS

15.01 Indemnity and Hold Harmless. Owner shall defend and provide legal defense with attorney(s) acceptable to the City, indemnify, and hold harmless the City, their agents, officials, officers, representatives and employees, from and against all claims, lawsuits, liabilities or damages of whatever nature arising out of or in connection with, or relating in any manner to any act or omission of Owner, its agents, employees, and subcontractors, and employees thereof, pursuant to the performance or non-performance of this Agreement. Owner shall thoroughly investigate any and all claim and indemnify the City and do whatever is commercially necessary to protect the City, its agents, officials, officers, representatives and employees as to any such claims, lawsuits, liabilities, expenses, or damages arising out of this Agreement. Further, Owner shall not bring any claims, cross-claims, actions or cross-complaints against the City, its agents, employees or representatives, arising out of any disputes between Owner and third parties as to the City approvals or the issuance of building permits for this Project.
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15.02 Time is of the Essence. The Parties hereto agree that time is of the essence in the performance of this Agreement. No waiver by any of the Parties to this Agreement or the non-performance or any breach of any term, provision or condition of this Agreement or any default hereunder shall be considered to be or operate as a waiver of any subsequent non-performance, breach or default.

15.03 Extension of Time Good Cause. The City may, in its sole discretion, extend one or more time deadlines for performance as referenced in this Agreement for good cause. “Good cause” shall include, but shall not be limited to, acts of God, labor strikes, war, riots, pandemics, etc., as shall be determined the City in its sole discretion.

15.04 Modifications. The Parties hereto each agree that no addition to or modification or waiver of any term or provision of this Agreement shall be effective unless set forth in writing, in the same manner and form as originally adopted and signed by both the City and Owner except that the City reserves the right to make minor amendments to this Agreement, which may become necessary due to changes in governmental regulations or other requirements affecting the parties involved in the arrangement of project financing so long as such amendments do not materially or substantially modify the terms contained in this Agreement and do not add to the costs to be incurred by the City. The parties hereto further agree that oral agreements or understandings shall be of no force or effect whatsoever.

15.05 Not for the Benefit of Third Parties. This Agreement does not create any enforceable right, cause of action, or claim in any third party. The Owner, the City or their successors in interest shall be the sole parties who shall have standing to enforce the terms or obligations or to bring suit for damages arising out of a breach of this Agreement.

15.06 Not a Partnership or Joint Venture. This Agreement does not create a partnership or joint venture.

15.07 No Subordination. Owner acknowledges that the City shall not subordinate this Agreement or any of its terms or the separately recorded declaration of conditions and restrictions to any lien, encumbrance or mortgage for the Project.

15.08 Non-Discrimination. All of the Units shall be available for occupancy on a continuous basis to members of the general public. Owner shall not give preference to any particular class or group of persons in renting the Units, except to the extent that fourteen (14) units are required to be leased to Very Low-Income Households.

Owner covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of 74 H 10/1-22(wl)
persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use occupancy tenure or enjoyment of the Project nor shall Owner itself, or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the Project. The foregoing covenants shall run with the land.

Owner shall accept as tenants on the same basis as all other prospective tenants, persons who are recipients of federal certificates for rent subsidies pursuant to the existing program under Section 8 of the United States Housing Act of 1937, or its successor. Owner shall not apply selection criteria to Section 8 certificate holders that are more burdensome than criteria applied to any other prospective tenants.

All leases or contracts made relative to the Project, the improvements thereon or any part thereof, shall contain or be subject to substantially the following nondiscrimination clause:
“There shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed religion, sex, sexual orientation, source of income, marital status, physical or mental handicap, medical condition, national origin or ancestry in the sale, lease, sublease transfer, use occupancy, tenure or enjoyment of the Project nor shall lessee [or the contractor] or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the election location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the Project.”

15.09 Violation of Conditions of Approval. Any violation of the conditions of any of the Project Approvals will also constitute a violation of this Agreement and shall be enforceable as a breach hereof, as well as any other remedies.

15.10 Default. If Owner defaults in the performance or observation of any covenant, agreement or obligation set forth in this Agreement, and if such default remains uncured for a period of sixty (60) days after written notice thereof shall have been given by the City to Owner, then the City may declare an “Event of Default” to have occurred hereunder, and, at its option, may take any one or more of the following steps:
(a) By mandamus or other suit, action or proceeding at law or in equity, require the Owner to perform its obligations and covenants 75 H 10/1-22(wl)
hereunder or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder;
(b) Have access to and inspect, examine and make copies of all of the books and records of the Owner pertaining to the Fourteen (14) AHUs;
(c) Take such other action at law or in equity a may appear necessary or desirable to enforce the obligations, covenants and agreements of the Owner.

15.11 Severability. The Parties hereto each agree that should any portion of this Agreement be held invalid or unenforceable for any reason, such determination shall not affect the validity of the remaining portions of this Agreement.

15.12 Covenants to Run with the Land. Owner hereby subjects the Project (including the Project Site) to the covenants, reservations and restrictions set forth in this Agreement. The City and Owner hereby declare their express intent that the covenants, reservations and restrictions set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors in title to the Project; provided, however, that on the termination of this Agreement, said covenants, reservations and restrictions shall expire. Each and every contract, deed or other instrument hereafter executed covering or conveying the Project or any portion thereof shall conclusively be held to have been executed delivered and accepted subject to such covenants, reservations and restrictions regardless of whether such covenants, reservations and restrictions are set forth in such contract deed or other instrument. Owner, by and for itself and each successor to any interest in the Project, hereby specifically acknowledges and agrees to be bound by the covenants contained herein.

15.13 Notices. The parties hereto each agree that all notices or other communications required or permitted hereunder shall be in writing, shall be either personally delivered or sent by United States certified mail or registered mail, return receipt requested, and shall be deemed received seventy-two (72) hours after deposited in the mail in the Counties of Ventura, Orange or Los Angeles, postage pre-paid, addressed to the persons to receive such notice, at the following address:

To City: City of Simi Valley
Attn: Environmental Services Director
2929 Tapo Canyon Road
Simi Valley, CA 93063
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To Owner: Santa Susana GRF2, LLC
Attn: John A Waters, Secretary
973 Lomas Santa Fe
Solana Beach, CA 92075
With a Copy To: Procopio
Attn: Justine Nielsen
525 B Street, Suite 2200
San Diego, CA 92110
Or to the owner of record or successor in title to the subject Project.

Notice of change of address is required and shall be given by written notice in the manner detailed in this Paragraph. Notices required under this Agreement to a Qualified Tenant of an AHU shall be deemed adequately given if transmitted in like fashion to the street address and apartment number of such a Qualified Tenant.

15.14 Attorney’s Fees. The parties hereto each agree that if any party hereto institutes any legal proceedings to enforce any provision of this Agreement or for damages by reason of any alleged breach of this Agreement, the prevailing party shall be entitled to recover from the other party all costs of suit, including such amount as the court may award a reasonable attorney’s fees for services rendered to the prevailing party in such proceeding. The parties hereto further agree that partial granting of the prayed for relief shall be sufficient to constitute “prevailing” in any such action.

15.15 Headings. The Parties hereto each agree that the paragraph headings herein are used only for the purpose of convenience and shall not be deemed to modify, explain or limit the subject of the paragraphs of this Agreement to be considered in their construction.

15.16 Incorporation of Recitals and Exhibits. Recitals A through C are incorporated herein by this reference and Exhibits “A” through “G”are attached and incorporated herein by this reference.

15.17 Compliance with Applicable Laws. Owner and City shall obey all Federal, State, local and special district laws, ordinances and regulations.

15.18 Entire Agreement. This Agreement, together with its attachments and writings expressly incorporated herein, constitutes the full and total understanding between the Parties hereto, construed according to the laws of the State of California, and supersedes all prior agreements between the Parties hereto.
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15.19 Execution In Counterparts. This Agreement may be executed in any number of counterparts, each of which, when executed and delivered to City, will be deemed to be an original and all of which, taken together, will be deemed to be one and the same instrument.

IN WITNESS THEREOF, the Parties hereto have executed this instrument as of the date first above written.

Attest:

Lucy Blanco, City Clerk
City of Simi Valley, a municipal
corporation
Keith L. Mashburn, Mayor of the City of
Simi Valley, California
Approved as to Form:

David L. Caceres, City Attorney
Santa Susana GRF2, LLC, a Delaware
limited liability company
By:

John A. Waters
Its: Secretary
Approved as to Content:

Brian Paul Gabler, City Manager
Stratis Perros,
Environmental Services Director
Exhibits List
Exhibit A: Legal DescriptionExhibit B: Affordable Housing Program Tenant Certification Exhibit C: Affordable Housing Program Tenant RecertificationExhibit D: Affordable Housing Program Outreach Plan / Print Media Schedule Exhibit E: Affordable Housing Agreement Waiting List Exhibit F: Affordable Housing Program Unit Summary Report Exhibit G: Declaration of Conditions and Restrictions
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EXHIBIT "A"

LEGAL DESCRIPTION

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SIMI

VALLEY, IN THE COUNTY OF VENTURA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

THAT PORTION OF PARCEL B, AMENDED MAP OF THE TOWN OF SANTA SUSANA,

IN THE CITY OF SIMI VALLEY, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 12, PAGE 43 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON A LINE WHICH IS PARALLEL WITH AND DISTANT SOUTHERLY 10 FEET, MEASURED AT RIGHT ANGLES, FROM THE SOUTHERLY LINE OF COCHRAN STREET, 60 FEET WIDE, AS SAID STREET IS SHOWN ON SAID MAP, DISTANT ALONG SAID PARALLEL LINE NORTH 89° 59' 14" EAST 162 FEET FROM THE EASTERLY LINE OF TAPO STREET, 60 FEET WIDE, AS SAID STREET IS SHOWN ON SAID MAP; THENCE, ALONG SAID PARALLEL LINE, 1ST.: NORTH 89° 59' 14" EAST 348.55 FEET TO THE WESTERLY LINE OF TRACT 1206-1, AS PER MAP RECORDED IN BOOK 29, PAGE 89 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG SAID WESTERLY LINE, 2ND.: SOUTH 0° 01' WEST 1465.28 FEET TO A POINT ON THE NORTHERLY LINE OF ALPINE STREET SAID STREET IS SHOWN ON SAID LAST MENTIONED MAP, AT THE SOUTHWESTERLY CORNER OF LOT 18 OF SAID TRACT 1206-1; THENCE ALONG SAID ALPINE STREET, 3RD.: NORTH 89° 59' 14" WEST 483.55 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 15 FEET; THENCE, 4TH.: WESTERLY, NORTHWESTERLY AND NORTHERLY, ALONG SAID CURVE THROUGH AN ANGLE OF 90° AN ARC DISTANCE OF 23.56 FEET TO THE POINT OF TANGENCY WITH A LINE WHICH A PARALLEL WITH AND DISTANT EASTERLY 12 FEET, MEASURED AT RIGHT ANGLES, FROM THE EASTERLY LINE OF SAID TAPO STREET; THENCE ALONG SAID LAST MENTIONED PARALLEL LINE, 5TH.: NORTH 0° 01' EAST 1300 FEET TO AN INTERSECTION WITH A LINE PARALLEL WITH THE SOUTH LINE OF SAID COCHRAN STREET AND DISTANT SOUTHERLY 160 FEET MEASURED AT RIGHT ANGLES THEREFROM; THENCE, 6TH.: NORTH 89° 59' 14" EAST 150 FEET TO A LINE PARALLEL WITH THE EASTERLY LINE OF SAID TAPO STREET, WHICH PASSES THROUGH THE POINT OF BEGINNING; THENCE, 7TH.: NORTH 0° 01' EAST 150 FEET TO THE POINT OF BEGINNING. EXCEPT THE EASTERLY 50 FEET THEREOF.

APN: 644-0-070-600
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EXHIBIT “B”

CITY OF SIMI VALLEYAFFORDABLE HOUSING PROGRAM TENANT CERTIFICATION

SANTA SUSANA APARTMENTS, SIMI VALLEY
Manager:

Name: Date:

Address: Phone:

Number of persons in household:

List all persons who reside in unit:

Name Social Security Number Age*
*Information on age only required for age restricted projects.

Total Household Income:
1) Previous Year Annual Gross Income (Attach Verification) Name Source Amount
Total Gross Monthly Income:
2) Current Monthly Gross Income (Attach Verification)
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Name Source Amount
Total Gross Monthly Income:

The information on this form is provided solely for the purpose of determining eligibility for the City of Simi Valley Affordable Housing Program. This information is confidential and, except as may be required by the City of Simi Valley or Owner, any use of this information is strictly prohibited without written consent of the applicant. Acknowledgment of this paragraph does not constitute written permission.

I/We certify that the foregoing is complete, true, and accurate to the best of my/our knowledge and is verifiable by the most recent federal tax return and other income documentation provided herewith. I/We are aware that any misrepresentation in this application will constitute a material breach of my/our agreement with the Owner to rent or lease the unit, and will entitle the Owner to prevent or terminate my/our occupancy of the unit.

Signed: Date:

Signed:

Date:

FOR CITY OFFICE USE ONLY
Anticipated Income
Next 12 Months: Household Size:

Income Level: Very Low (50%) Comments: ____________________________ Approved for Affordable Unit Reviewed by:

Not Approved Date:

EXHIBIT “C”
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CITY OF SIMI VALLEY

AFFORDABLE HOUSING PROGRAM TENANT RECERTIFICATION

SANTA SUSANA APARTMENTS, SIMI VALLEY
Manager:

Name: Date:

Address: Phone:

Number of persons in household:

List all persons who reside in unit:

Name Social Security Number Age*
*Information on age only required for senior-oriented projects.

Total Household Income:
1) Current Monthly Gross Income (Attach Verification)
Name Source Amount
Total Gross Monthly Income:
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The information on this form is provided solely for the purpose of determining eligibility for the City of Simi Valley Affordable Housing Program. This information is confidential and, except as may be required by the City of Simi Valley or Owner, any use of this information is strictly prohibited without written consent of the applicant. Acknowledgment of this paragraph does not constitute written permission.

Signed: Date:

Signed:

Date:

FOR CITY OFFICE USE ONLY
Anticipated Income
Next 12 Months: Household Size:

Income Level:

Very Low (50%) Comments: ____________________________
Approved for Affordable Unit Reviewed by:

Not Approved Date:
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EXHIBIT “D”

CITY OF SIMI VALLEYAFFORDABLE HOUSING AGREEMENT OUTREACH PLAN / PRINT MEDIA SCHEDULE

SANTA SUSANA APARTMENTS, SIMI VALLEY

PUBLICATION NAME AND CITY DATES APPEARING SIZE OF ADVERTISEMENT

FROM TO
_________________________________________________________________________________________________OFFICE USE ONLY ATTACHMENTS: __________ Certification of Publication__________ Sample Copy of Text 84 H 10/1-22(wl)
EXHIBIT "E"

CITY OF SIMI VALLEYAFFORDABLE HOUSING AGREEMENT WAITING LIST

SANTA SUSANA APARTMENTS, SIMI VALLEY
PROJECT: DATE SUBMITTED: MANAGER:

DATE NAME ADDRESS PHONE # OF BEDROOMS PREFER

HOUSE-HOLD SIZE VERY LOW DATE PLACED IN UNIT
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EXHIBIT “F"

CITY OF SIMI VALLEYAFFORDABLE HOUSING AGREEMENTUNIT SUMMARY REPORT OF ALL AFFORDABLE HOUSING UNITS SANTA SUSANA APARTMENTS, SIMI VALLEY PROJECT: DATE SUBMITTED: MANAGER:

UNIT # RESIDENT NAME

DATE MOVED INTO UNIT

MOVE IN RENT
RENT ADJUST.DATE
RENT ADJUST. AMOUNT

CURRENT RENT TOTAL HOUSE-HOLD INCOME
# IN HOUSE- HOLD
#BDRMS VERY LOW
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EXHIBIT “G”

DECLARATION OF CONDITIONS AND RESTRICTIONS
REQUESTED BY AND WHEN RECORDED MAIL TO:

CITY OF SIMI VALLEYAttn: City Clerk2929 Tapo Canyon RoadSimi Valley, CA 93063

SPACE ABOVE FOR RECORDER'S USE ONLY
The Undersigned declares that this document is recorded for the benefit of the City of Simi Valley and therefore is exempt from the payment of a recording fee pursuant to Government Code Section 6103 and 27383.

APNs: 644-0-070-600
______________________________________________________________________

DECLARATION OF CONDITIONS AND RESTRICTIONS

ON THE TRANSFER OF TITLE OR INTEREST IN REAL PROPERTY

SANTA SUSANA PROJECT
(SANTA SUSANA GRF2, LLC)
The land referred to is situated in the City of Simi Valley, County of Ventura, State of California, and more particularly described in Exhibit A attached hereto and incorporated herein.

Notice is hereby given that the Project and Project Site described herein is conditioned and the transfer of title and/or interest restricted by the City of Simi Valley (City) as set forth in that document entitled Affordable Housing Agreement (AHA-2021-0001) (the "Agreement"), recorded in the Official Records of the Office of the County Recorder, County of Ventura, State of California, which is hereby incorporated by reference herein.

Said restrictions expressly prohibit the transfer of title, assignment of rights, or delegation of duties without the express written consent of the City. Said consent shall be conditioned upon the City's receipt of written evidence from the Buyer/Transferee at least 30 days prior to said consent that he/she has been fully informed of the terms of the Agreement and the benefits/burdens conferred therein and agrees to assume all of the duties and obligations, as well as the rights and benefits that the existing Owner/Seller enjoys under the terms of the Agreement.

Said restrictions further require the following:
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1. The Owner/Seller shall give at least fifteen (15) days’ notice to City before any proposed transfer to a successor or assign. The assignee or successor shall agree in writing to assume on behalf of itself and its successors and assigns, all the duties and obligations of the Owner under this Agreement, and any purported assignment will not be valid without such a written agreement. Said notice shall be personally delivered or sent by certified mail, return receipt requested, to:

City of Simi Valley
Attn: Environmental Services Director
2929 Tapo Canyon Road
Simi Valley, CA 93063

2. The title company shall immediate notify the City of any attempt to sell or transfer the herein described Project. The Notice shall be personally delivered or sent by certified mail, return receipt requested to the address noted above.

3. The escrow company shall immediately notify the City of any attempt to sell or transfer the herein described Project. The notice shall be personally delivered or sent by certified mail, return receipt requested to the address noted above.

As a condition precedent to the opening of escrow, the Owner, designated agent(s) of the Owner, and the escrow officer each have an affirmative duty to fully disclose the terms of the Agreement to each Buyer. Escrow may open only upon receipt of the Buyer's signed and dated statement acknowledging receipt of a copy of the Agreement.

ANY ATTEMPT TO TRANSFER TITLE OR ANY INTEREST IN THE PROJECT DURING

THE TERM OF THE AGREEMENT IN VIOLATION OF SAID AGREEMENT AND THIS

DECLARATION, SHALL CAUSE SAID TRANSFER TO BE VOIDABLE AT THE ELECTION OF THE CITY.

IN WITNESS THEREOF, the parties hereto have executed this instrument on the _____day of _____________, 2022.

City of Simi Valley SANTA SUSANA GRF2, LLC,
A Municipal Corporation A California limited liability company Brian Paul Gabler, City Manager By: John A. Waters
Its: Secretary
Dated: Dated:
88 EXHIBIT 1

MITIGATED NEGATIVE DECLARATION AND

REDUCED PROJECT EXHIBITS
FEBRUARY 28, 2022

89 P 16/12-21(sy)
REVIEW PERIOD: December 30, 2021 January 19, 2022
TO: All Interested Parties
FROM: Department of Environmental Services
SUBJECT: REQUEST FOR REVIEW OF THE INITIAL STUDY AND

MITIGATED NEGATIVE DECLARATION FOR A PLANNED
DEVELOPMENT PERMIT (PD-S-2021-0005), TENTATIVE
PARCEL MAP (TP-S-2021-0001) AND AFFORDABLE HOUSING
AGREEMENT (AHA-2021-0001) TO DEVELOP A FOUR-STORY
MIXED-USE PROJECT CONSISTING OF 280 APARTMENT UNITS
AND 4,750 SQUARE FEET OF NEW COMMERCIAL SPACE

WITHIN AN EXISTING SHOPPING CENTER, SUBDIVISION OF
THE SITE INTO THREE PARCELS, AND INCLUSION OF 14

AFFORDABLE HOUSING UNITS, DEVELOPMENT

CONCESSIONS, AND DEVELOPMENT WAIVERS
______________________________________________________________________ The attached Mitigated Negative Declaration and Initial Study have been forwarded to you for possible comments relating to your specific area of interest. Comments should be directed to:

Claudia Pedroso
City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, California 93063
(805) 583-6875 / [email protected]
Copies sent to:

City Council
City Manager
Planning Commission
City Departments:

City Clerk
Environmental Services
Deputy Director/City Planner
Case Planner, C. Pedroso
Environmental Planner, N. Gunasekera
Neighborhood Council Coordinator
Neighborhood Council #2
Recording Secretary
Counter Copy
Public Works DepartmentEngineering (3)UtilitiesMaintenance Simi Valley Library (2)
County of Ventura
Watershed Protection District
Fire Protection District
Other Government Agencies
Calleguas Municipal Water District
Rancho Simi Recreation and Park District
Jairo Avila, FTBMI
Applicant: Colby Young
Santa Susana GRF2, LLC
973 Lomas Santa Fe Drive
Solana Beach, CA 92075
90 P 16/12-21(sy) 2

CITY OF SIMI VALLEY

MITIGATED NEGATIVE DECLARATION
(NO SIGNIFICANT IMPACT ON THE ENVIRONMENT)
REVIEW PERIOD: December 30, 2021 January 19, 2022
APPLICANT: Santa Susana GRF2, LLC
Attn: Colby Young
973 Lomas Santa Fe Drive
Solana Beach, CA 92075
CASE PLANNER: Claudia Pedroso, Principal Planner/Zoning Administrator

ENVIRONMENTAL
PLANNER: Naren Gunasekera, Associate Planner
PROJECT NO.: PD-S-2021-0005 / TP-S-2021-0001 / AHA-2021-0001 PROJECT DESCRIPTION: PLANNED DEVELOPMENT PERMIT (PD-S-2021-0005), TENTATIVE PARCEL MAP (TP-S-2021-0001) AND
AFFORDABLE HOUSING AGREEMENT (AHA-2021-
0001) TO DEVELOP A FOUR-STORY MIXED-USE
PROJECT CONSISTING OF 280 APARTMENT UNITS
AND 4,750 SQUARE FEET OF NEW COMMERCIAL

SPACE WITHIN AN EXISTING SHOPPING CENTER,

SUBDIVISION OF THE SITE INTO THREE PARCELS,
AND INCLUSION OF 14 AFFORDABLE HOUSING

UNITS, DEVELOPMENT CONCESSIONS, AND
DEVELOPMENT WAIVERS.

PROJECT LOCATION: 2196 Tapo Street
On the basis of the Initial Study for the project, it has been determined that the project would not have a potential for a significant effect on the environment. This document constitutes a Mitigated Negative Declaration based upon the inclusion of the following measures into the project by the applicant:

I-1 During clearing, grading, earthmoving, or excavation operations, excessive fugitive dust emissions must be controlled by regular watering or other dust-preventative measures using the following procedures as specified by the Ventura County Air Pollution Control District (VCAPCD), including, without limitation, VCAPCD Rule 50 (Opacity), Rule 51 (Nuisance), and Rule 55 (Fugitive Dust):
i. On-site vehicle speed must not exceed 15 miles per hour (the Project site will contain posted signs with the speed limit).
ii. All on-site construction roads with vehicle traffic must be watered periodically.
91 P 16/12-21(sy) 3
iii. Streets adjacent to the Project site must be swept as needed to remove silt that may have accumulated from construction activities to prevent excessive amounts of dust.
iv. All material excavated or graded must be sufficiently watered to prevent excessive amounts of dust. Watering must occur at least twice daily with complete coverage, preferably in the late morning and after work is done for the day.
v. All clearing, grading, earthmoving, or excavation activities must cease during periods of high winds (i.e., greater than 25 miles per hour averaged over 1 hour) to prevent excessive amounts of dust (contact the VCAPCD meteorologist for current information about average wind speeds). vi. All material transported off site must be either sufficiently watered or securely covered to prevent excessive amounts of dust.
vii. The area disturbed by clearing, grading, earthmoving, or excavation operations must be minimized to prevent excessive amounts of dust. These control techniques must be indicated on Project grading plans. The Applicant and/or its contractor must be responsible for implementing these measures, and compliance with this measure will be subject to periodic site inspections by the City.

I-2 Project grading plans must show that for the duration of construction, ozone precursor emissions from construction equipment vehicles must be controlled by maintaining equipment engines in good condition and in proper tune per manufactu
with this measure will be subject to periodic inspections of construction equipment vehicles by the Public Works Department.

I-3 Construction equipment must be outfitted with Best Available Control Technology devices, including a California Air Resources Boardcertified Level 3 Diesel Particulate Filter or equivalent control device.

I-5 The construction contractor must adhere to VCAPCD Rule 74.2 (Architectural Coatings) for limiting volatile organic compounds from architectural coatings. This rule specifies requirements for storage, clean up, and labeling of architectural coatings.

I-6 For all construction-related activities, noise-attenuation techniques must be employed as needed to ensure that noise remains as low as possible during construction. The following noise-attenuation techniques must be incorporated into contract specifications to reduce the impact of construction noise:
92 P 16/12-21(sy) 4
i. Ensure that construction equipment is properly muffled according to industry standards and in good working condition.
ii. Place noise-generating construction equipment and locate construction- staging areas away from sensitive uses, where feasible. iii. Schedule high noise-producing activities between the hours of 7:00 AM and 5:00 PM to minimize disruption on sensitive uses.
iv. Implement noise attenuation measures, to the extent feasible, which may include, but are not limited to, temporary noise barriers or noise blankets around stationary construction noise sources.
v. Use electric air compressors and similar power tools rather than diesel equipment, where feasible.
vi. All stationary construction equipment (e.g., air compressors, generators, impact wrenches, etc.) must be operated as far away from residential uses as possible and must be shielded with temporary sound barriers, sound aprons, or sound skins.
vii. Construction-related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, must be turned off when not in use for more than five minutes.

I-7 The Project Applicant shall retain a professional Native American monitor procured by the Gabrieleno/Tongva San Gabriel Band of Mission Indians (GTIOC) to observe all ground disturbance activities including, but not limited to, excavating, digging, trenching, plowing, drilling, tunneling, quarrying, grading, leveling, clearing, driving posts, auguring, blasting, stripping topsoil or similar activity, and archaeological work. If cultural resources are encountered, the Native American monitor will have the authority to request ground disturbing activities cease within 60 feet of discovery to assess and document potential finds in real time.

I-8 In the event that cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) must cease and a qualified archaeologist, meeting Secretary of Interior standards, must assess the find. Work on the portions of the project outside of the buffered area may continue during this assessment period. The Fernandeño Tataviam Band of Mission Indians (FTBMI) must also be contacted (Contact Phone: (818) 837-0794; Email:
[email protected]) regarding any pre-contact and/or post-contact finds and be provided information after the archaeologist makes the initial assessment of the nature of the find, so as to provide tribal input with regards to significance and treatment.
93 P 16/12-21(sy) 5
I-9 The Applicant must, in good faith, consult with the GTIOC and FTBMI on the disposition and treatment of any Tribal Cultural Resource encountered during all ground-disturbing activities.

I-10 The Applicant must submit an AB3205 Form to the Ventura County Air Pollution Control District (APCD) for approval. In addition, the contractor shall notify APCD 10 business days prior to the abatement commencement, if applicable, by submitting a Notification of Demolition or Renovation Form. Demolition and/or renovation activities shall be conducted in compliance with APCD Rule 62.7, Asbestos Demolition and Renovation.

RESPONSIBLE AGENCIES: None
TRUSTEE AGENCIES: None
Sean Gibson, Deputy Environmental Services
Director/City Planner, for Naren Gunasekera,
Associate Planner
94 P 16/12-21(sy) 6

CITY OF SIMI VALLEY

PLANNING DIVISION

DEPARTMENT OF ENVIRONMENTAL SERVICES

INITIAL STUDY

1. Project Title: PD-S-2021-0005/TP-S-2021-0001/
AHA-2021-0001 (Santa Susana Plaza)

2. Lead Agency Name and Address: City of Simi Valley
2929 Tapo Canyon Rd.

Simi Valley, CA 93063

3. Contact Person and Phone Number/Email: Claudia Pedroso Principal Planner/Zoning Administrator
(805) 583-6875
[email protected]

4. Project Location: 2196 Tapo Street

5. Project Sponsor's Name and Address: Santa Susana GRF2, LLC Attn: Colby Young
973 Lomas Santa Fe Drive
Solana Beach, CA 92075

6. Current General Plan Designation: Mixed-Use

7. Current Zoning: Commercial Planned Development with
Tapo Area Planning Overlay (TAPO), Mixed
Use Overlay Districts [CPD (TAPO) (MU)]

8. Description of Project:

The Applicant, Santa Susana GRF2. LLC, proposes to construct a four-story Mixed-Use development consisting of 280 apartment units, 4,750 square feet of commercial space, located at 2196 Tapo St. eliminating 59,801 square feet of the existing 147,587 square foot Santa Susana Shopping Center which will be partially re-developed for the project.

The re-developed area will be located at the north portion of the existing shopping center, just south of the Taco Bell restaurant and Shell gas station.

The apartment complex consists of the following unit breakdowns:
165 one-bedroom units
63 two-bedroom units
42 studios
10 live-work units
Fourteen units (5%) will be set aside as affordable units for the very-low income qualified renters.

The project will include amenities for the residents such as gym, pool, roof terrace, common areas, and a private park that is open to the public.

The request includes a parcel map to subdivide the subject property into three parcels.

Parcel 1 will be 0.69 acres, Parcel 2 will be 5.33 acres, and Parcel 3 will be 8.55 acres. 95 P 16/12-21(sy) 7
Affordable Housing
The Applicant is providing 14 affordable housing units for the very-low income qualified renters (5%). Per California Government Code, Section 65915, this qualifies the project for modified parking requirements, one incentive, and multiple waivers as long as the waivers do not impose a life or safety hazard.

The Applicant has requested an incentive to allow four stories instead of three stories and proposes to mitigate the additional story by providing additional building setbacks for the third and fourth story (Figures 2 and 3). Waivers include reduced rear setback, reduced number of bike storage, reduced required storage for the apartment units, reduced parking stall dimensions, and reduced outdoor private open space for some of the units.

9. Surrounding Land Uses and Setting:

The site consists of 14.57 acres and is generally flat with infrastructure in place. The site is currently developed and contains the Santa Susana Plaza/Town Center Site which was constructed in 1967.

North of the site is a service station with a car wash with a drive-through restaurant and Cochran Street beyond. To the south, there is a commercial center with Alpine Street beyond that. To the west is Tapo Street with a commercial center and a drive-through restaurant beyond. Duplex residential units are located to the east.

10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement):

None

11. Date Deemed Complete/Ready to Process: November 3, 2021

12. A site inspection was performed on:

Date: 12/10/2021 By: Naren Gunasekera, Associate Planner 96 8

13. Are any of the following studies required? ("Yes" or "No" response required) Yes Traffic Study
Yes Noise Study
Yes Geotechnical Study
Yes Hydrology Study
Yes Tree Study and Appraisal (pursuant to SVMC Section 9-38 et seq.) No Biological Study
No Rare, Threatened and Endangered Species Survey
No Wetlands Delineation Study
Yes Archaeological/Cultural Resource Study
No Historical Study
Yes Other (List): Air Quality and Greenhouse Gas Study/Sewer Capacity Report_

14. Location Map
97 P 16/12-21(sy) 9

15. Aerial Photograph
98 P 16/12-21(sy) 10

16. Site Plan
99 P 16/12-21(sy) 11
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:

This project would potentially affect the environmental factor(s)below, involving at checklist on the following pages:
_No__ Aesthetics _No__ Mineral Resources
_No__ Agriculture and Forestry _Yes_ Noise
_Yes_ Air Quality _No__ Population/Housing
_No__ Biological Resources _No__ Public Services
_No__ Cultural Resources _No__ Recreation
_No__ Energy _No__ Transportation
_No__ Geology/Soils/(Paleontology) _Yes_Tribal Cultural Resources _No__ Greenhouse Gas Emissions _No__Utilities/Service Systems _No__ Hazards & Hazardous _No__ Wildfire
Materials _No__ Mandatory Findings of
_No__ Hydrology/Water Quality Significance
_No__ Land Use/Planning
DETERMINATION:

On the basis of this initial evaluation:

I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
nvironment, but at least one effect 1) has been
adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. ___________ ____________________________________________________ Date Sean Gibson, Deputy Environmental Services Director/City Planner 100
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
P 16/12-21(sy) 12
Issues and Supporting Sources:

I. AESTHETICS. Except as provided in Public Resources Code Section 21099, would the project:
a) Have a substantial adverse effect on a scenic vista? site, surrounding land uses, scenic vistas, scenic resources, and the existing visual character. The site is flat, previously graded, and contains the Santa Susana Shopping Center, a 147,587 square foot commercial building. Based on a review of the site plan for the project, a four-story Mixed-Use development consisting of 280 apartment units, 4,750 square feet of commercial space will be constructed on the north portion of the existing shopping center. In addition, the project site is located on the valley floor, surrounded by urban uses, and the area is previously graded. Therefore, the project would not obstruct any scenic vistas or degrade the existing visual character or quality of the site and its surroundings, and there is a less than significant impact on the environment from an adverse impact to scenic resources or the visual character of the site and its surroundings. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? Based on the site visit by the environmental planner, there are no rock outcroppings, or scenic resources, in the proposed project area. According to the Cultural Resources Report prepared for the project (Ref. #35), there are no historic buildings on the site.

Therefore, there is no potential for a significant impact to the environment from an impact on trees or rock outcroppings.
c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? The project is within an urbanized are Design Guidelines and tree protection ordinance to ensure the visual character of the site and public views of the site and its surroundings will be maintained to a high standard. Mature trees will be removed to construct the project; however, specimen-size replacement trees will be Design
G
Landscape Design Guidelines. As such the project would not conflict with any applicable zoning and other regulations governing scenic quality.
101
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
P 16/12-21(sy) 13
d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
The project would create a new source of light from the apartment complex. For any new lighting installed, the applicant is required to submit an exterior lighting (photometric) plan pursuant to Simi Valley Municipal Code Section 9-30.040.C.1. (Ref. #1). This plan shall consist of a point-by-point foot-candle layout extending a minimum of 20 feet outside the property lines. The plan must achieve the goals established in this subsection in order to eliminate illumination or glare from the project onto adjacent properties, freeway, or streets.

Therefore, there is no potential for a significant impact to the environment from a new source of substantial light or glare.

II. AGRICULTURE AND FORESTRY RESOURCES: Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))?
d) Result in the loss of forest land or conversion of forest land to non-forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use?
(a-e) The project site is located in an urbanized area of the city. According to the California Department of Conservation, the project site and surrounding area is designated as Urban and Built-Up Land and, therefore, is not subject to a Williamson Act contract. The nearest land under a Williamson Act contract is located approximately four miles north of the project site. The project site and surrounding area are not used nor zoned for agricultural, forest, or timberland use. Construction of the project would occur within and adjacent to a fully urbanized area and would not result in the conversion of farmland, forest land, or timberland uses to non-agricultural or non-forest uses. Furthermore, the project would not conflict with agricultural, forest land, or timberland zoning. Therefore, no impacts would occur to the environment from the loss of agricultural and forestry resources. 102
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
P 16/12-21(sy) 14
III. AIR QUALITY:

The significance criteria, established by the City or the Ventura County Air Pollution Control District, may be relied upon to make the following determinations.

Would the project:
a) Conflict with or obstruct implementation of the Ventura County Air Quality Management Plan?
b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard?
c) Expose sensitive receptors to substantial pollutant concentrations? (a- . #3) prepared and
released by the Ventura County Air Pollution Control District (VCAPCD), is an advisory document that provides a framework for preparing air quality evaluations for environmental documents required by the California Environmental Quality Act (CEQA). Within the Guidelines, Section 3.3 Recommended Significance Criteria, provides thresholds for determining the significance of air quality impacts.

Reactive Organic Gases (ROG) (Volatile Organic Compounds)and NOx (Nitrogen Oxides) are emitted by mobile and stationary sources associated with projects. When exposed to sunlight, the photochemical reaction results in formation of air pollution, including ozone.

Based on the California Air Resources Board (CARB) CalEEmod air quality analysis program and the Air Quality study provided by the Applicant (Ref. #36), the project would have a net generation of 10 pounds per day of Volatile Organic Compounds and under 1 pound per day of NOx. The use of the net generation value is appropriate as the site is already developed with an existing shopping center, which will be replaced by the mixed use building. The
calculated net quantities do not exceed the threshold of 25 pounds per day of ROG or NOx.

In addition to project specific thresholds, Section 3.3.1 provides the following criteria for two pounds per day or greater of ROG, or two pounds per day of NOx that is found to be inconsistent with the Ventura County Air Quality Management Plan (VCAQMP) will have a -3). Since the project
exceeds two pounds per day of ROG and NOx,
with the VCAQMP is required. If the project is consistent with the VCAQMP, it does not have a cumulative air quality impact. According to Chapter 4 of the Air Quality Assessment Guidelines, a project is consistent with the VCAQMP if the population increase created by the project, plus the current population, does not exceed the VCAQMP forecasted population (Ref. #3, Pg. 4-2 & 4-5, Sec. 4.2.3.1). Based on the City of Simi Valley Residential Building Permit Finals monthly report, the Equivalent Dwelling Unit (EDU) factor of 2.2 persons per apartment dwelling unit, the project would result in a population increase of 616 people.

The VCAQMP considers regional population forecasts developed by the Southern Califo
103
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
P 16/12-21(sy) 15
was adopted in September 2020 as part of the 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy. The 2020 SCAG growth forecast projects a population in Simi Valley of 137,000 people for 2045. The population increase (616) that could result from the project, in addition to the existing population of 127,100, is within the most recent growth projections of SCAG for the City of Simi Valley. As such, the growth forecast is also within the population growth parameters considered in the VCAQMP, which is updated by the VCAPCD to manage air emissions in the County of Ventura in accordance with local, state, and federal standards. Development of the Project will not obstruct implementation of the VCAQMP or attainment of state or federal air quality standards.

Therefore, there is no potential for a significant impact to the environment from an impact on air quality and there is no conflict with the Ventura County Air Quality Management Plan.

d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
VCAPCD considers a sensitive receptor to be a person in the population who is particularly susceptible to health effects due to exposure to an air contaminant. Sensitive receptors are identified near sources of air pollution to determine the potential for health hazards.

Locations evaluated for exposure to air pollution include, but are not limited to, residences, schools, hospitals, and convalescent facilities.

The project is bordered by commercial and residential uses, including commercial uses to the north along Cochran Street, commercial uses to the south along Tapo Street and Alpine Street, residential uses to the east along Workman Avenue and Bidwell Street, and commercial and retail uses to the west across Tapo Street. The nearest sensitive receptors who may be impacted by emissions of air pollutants due to the Project include the residential uses immediately to the east of the project and to the south west.

During long-term operations, toxic air contaminants could be emitted as part of periodic maintenance operations, cleaning, painting, etc., and from delivery trucks and service vehicles. However, these uses are expected to be occasional and result in minimal exposure to off-site sensitive receptors. Given that the project consists primarily of housing with limited amounts of commercial and retail use, the project would not include sources of substantive toxic air contaminants emissions identified by the VCAPCD- or CARB-siting recommendations.

Construction of the project is the most likely to have potential impacts on sensitive receptors. Construction is expected to take close to a year, with heavy equipment such as excavators, graders, cranes, forklifts, etc. being used. Construction of the project would generate temporary air pollutant emissions. These impacts are associated with fugitive dust (PM10 and PM2.5) and exhaust emissions from heavy duty construction vehicles and soil hauling trucks, in addition to ROG that would be released during the drying phase upon application of architectural coatings.

Project construction would also result in short-term emission of diesel particulate, which is a toxic air contaminant. Given the proximity of residential uses, it is possible that the project could contribute to cumulative health impacts from toxic air contaminants. Therefore, it is conservatively considered that the project would have a potentially significant impact and mitigation is identified below.
104
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
P 16/12-21(sy) 16
previously for ROG and NOx are
not intended to be applied to construction emissions since such emissions are temporary.

Nevertheless, for construction impacts, the VCAPCD recommends minimizing fugitive dust through dust control measures. Fugitive dust control measures are required by VCAPCD Rule 55 which includes fugitive dust reduction measures such as securing tarps over truck loads and watering to treat bulk material to minimize fugitive dust. For architectural coating VCAPCD requires limits on Volatile Organic Compound (VOC) content, under Rule 74.2 for specific coating categories. Compliance with Rule 55 and Rule 74.2 would ensure that construction emissions would not be generated in such quantities as to cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which may endanger the comfort, repose, health, or safety of any such person or the public. In addition, the mitigation measures with regard to dust control, and reducing diesel particulate, as described before have been incorporated into the project.

AQ-1:During clearing, grading, earthmoving, or excavation operations, excessive fugitive dust emissions must be controlled by regular watering or other dust-preventative measures using the following procedures as specified by the Ventura County Air Pollution Control District (VCAPCD), including, without limitation, VCAPCD Rule 50 (Opacity), Rule 51 (Nuisance), and Rule 55 (Fugitive Dust):

On-site vehicle speed must not exceed 15 miles per hour (the Project site will contain posted signs with the speed limit).

All on-site construction roads with vehicle traffic must be watered periodically.

Streets adjacent to the Project site must be swept as needed to remove silt that may have accumulated from construction activities to prevent excessive amounts of dust.

All material excavated or graded must be sufficiently watered to prevent excessive amounts of dust. Watering must occur at least twice daily with complete coverage, preferably in the late morning and after work is done for the day.

All clearing, grading, earthmoving, or excavation activities must cease during periods of high winds (i.e., greater than 25 miles per hour averaged over 1 hour) to prevent excessive amounts of dust (contact the VCAPCD meteorologist for current information about average wind speeds).

All material transported off site must be either sufficiently watered or securely covered to prevent excessive amounts of dust.

The area disturbed by clearing, grading, earthmoving, or excavation operations must be minimized to prevent excessive amounts of dust. These control techniques must be indicated on Project grading plans. The Applicant and/or its contractor must be responsible for implementing these measures, and compliance with this measure will be subject to periodic site inspections by the City.

AQ-2:Project grading plans must show that for the duration of construction, ozone precursor emissions from construction equipment vehicles must be controlled by maintaining equipment engines in good condition and in proper tune per with this measure will be subject to periodic inspections of construction equipment vehicles by the Public Works Department.
105
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
P 16/12-21(sy) 17
AQ-3:Construction equipment must be outfitted with Best Available Control Technology devices, including a California Air Resources Boardcertified Level 3 Diesel Particulate Filter or equivalent control device.

AQ-4:All trucks that will haul excavated or graded material on site must comply with California Vehicle Code Section 23114, with special attention to subsections 23114 (b)(2)(F), (e)(2), and (e)(4) as amended, regarding the prevention of such material spilling onto public streets and roads.

AQ-5:The construction contractor must adhere to VCAPCD Rule 74.2 (Architectural Coatings) for limiting volatile organic compounds from architectural coatings. This rule specifies requirements for storage, clean up, and labeling of architectural coatings.

As such, the project will not result in other emissions adversely affecting a substantial number of people
IV. BIOLOGICAL RESOURCES: Would the project:
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S.

Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Wildlife or US Fish and Wildlife Service? c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (a-f) Based on a site visit by the environmental planner, the property is within a developed area of the City, on a previously graded developed site. There is no native habitat and no sensitive plant or endangered wildlife species on the project site. There are no aquatic resources that would be regulated by any state or federal agencies. Therefore, there is no potential for a significant impact to the environment from an impact on biological resources. 106
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According to the tree report prepared for the project (Ref. #37), the project site contains 27 mature trees, 11 of which would be removed for site improvements. The trees to be removed consist of five magnolia, four Australian willows, one tree of heaven and one diamond leaf pittosporum. The project will be required to provide replacement trees with a value equal to that of the removed trees. Therefore, the project would not conflict with the Therefore, there is no potential for a significant impact to the environment from adverse effects on biological resources.

V. CULTURAL RESOURCES: Would the project:
a) Cause a substantial adverse change in the significance of a historical resource pursuant to State CEQA Guidelines Section 15064.5?
b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to State CEQA Guidelines Section 15064.5?
(a-b) The Cultural Resource Study (Ref. #35) confirmed that the subject property is not listed in the Ventura County Historical Landmarks and Points of Interest (Ref. #7). It was also determined that the site did not contain any archaeological resources. Although not previously graded, the site shows evidence of moderate ground disturbance such as vegetation clearing, that would likely have compromised any potential archaeological resources. (However, please refer to Section XVIII. for discussion of Tribal Cultural Resources). Therefore, there is a less than significant impact to the environment from a substantial adverse change to historical resources, archaeological resources. c) Disturb any human remains, including those interred outside of formal cemeteries? Section 7050.5 of the California Health and Safety Code mandates procedures to be followed when human remains are discovered. This code requirement is implemented for all projects in the City. Therefore, there would be a less than significant no potential for a significant impact to the environment from a disturbance of human remains.

VI. ENERGY: Would the project:
a) Result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? (a-b) As part of the General Plan update, the City has adopted a Climate Action Plan (SV- CAP) that identifies energy reduction measures, including a requirement that new development exceed 2008 Title 24 Part 6 Energy Standards by 20 percent, as well as water use reduction measures to reduce water demand by 20 percent. The project will be required to comply with a number of ordinances that implement the goals of the SV-CAP. 107
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(Refer to further discussion under Greenhouse Gas Emissions, Section VIII. of this document.)
Simi Valley has adopted an Energy Reach Code, which established energy efficiency performance standards that reach higher than those required by Title 24 minimums. The main focus is on efficiency measures that are simple to achieve and enforce, and have the greatest influence on community sustainability. The Reach Code increases energy efficiency requirements for residential and nonresidential structures beyond Title 24, set at 10 and 15 percent respectively for new construction and substantial remodels. Chapter 9-39 of the City of Simi Valley Development Code promotes trip reduction and alternative transportation methods (e.g., carpools, vanpools, public transit, bicycles, walking, park- and-ride lots, improvement in the balance between jobs and housing), flexible work hours, telecommuting, and parking management programs to address traffic increases from new development. The Water Conservation Program Ordinance (Ordinance 1142) will reduce water consumption within the City of Simi Valley through conservation, effective water supply planning, prevention of waste, and will maximize the efficient use of water within the City of Simi Valley. The Water Conservation Ordinance is designed to reduce water use in the City to at least 15 percent below the 2009 baseline. The City is an early adopter of the CALGreen Building Code, which is intended to improve sustainability of the built Ordinance 1167 goes further by including a California Energy Commission (CEC)- approved energy reach code, additional landscape water conservation, and increased recycling.

Therefore, the project would not result in a significant impact with respect to wasteful, inefficient, or unnecessary consumption of energy resources, or conflict with or obstruct a state or local plan for renewable energy or energy efficiency.

VII. GEOLOGY AND SOILS: Would the project:
a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.

According to the preliminary geotechnical report for the project (Ref. #38), and based on the State of California Earthquake Fault Zones Map (Ref. #9), the property is not located in an Alquist-Priolo Fault zone and no known active faults run through the property. Since there are no known active faults on the property, the proposal would not be impacted by surface rupture. Therefore, there is a less than significant impact to the environment from direct impact of surface rupture from a known earthquake fault or substantial evidence of a known fault.
ii) Strong seismic ground shaking?
According to the preliminary geotechnical report for the project (Ref. #38), the subject site is located in an area subject to strong ground-shaking from earthquakes. The report 108
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states that the site is suitable for the proposed construction, provided that the geotechnical engineering recommendations included in the report are implemented.

Those recommendations will need to be implemented in order for the Department of Public Works to finalize the grading permit for the project. In addition, the California Building Code prescribes procedures for earthquake resistant design which include considerations for seismic zoning. Therefore, there is a less than significant impact to the environment from strong seismic ground shaking.
iii) Seismic-related ground failure, including liquefaction? The site is not located in an area designated as potentially liquefiable on the Seismic Hazard Zones Map (Ref. #10) of the Simi Valley East Quadrangle. In addition, groundwater was not encountered in any of the exploratory borings up to depths of 51.5 feet. As discussed in the preliminary geotechnical report for the project (Ref. #38), liquefaction is not considered a hazard at this site. Therefore, there is a less than significant impact to the environment from seismic-related ground failure. iv) Landslides?
Based on the site inspection, the site is not near slopes and landslides do not pose a significant risk to the site. In addition, the property is not identified as an area subject to landslides on the State of California Seismic Hazard Zones Map (Ref. #10). As discussed in the preliminary geotechnical report for the project (Ref. #38), landslides are not considered a hazard at this site. Therefore, there is no potential for a significant impact to the environment from landslides.
b) Result in substantial soil erosion or the loss of topsoil? The project consists of the redevelopment of an existing site with driveways, parking areas, buildings and landscaped areas. The property owners will be required to maintain the landscape for the lifetime of the project. This will lower the amount of exposed soil that could be eroded. In addition, the project is required to adhere to Section 9-64.030.c (Grading & Erosion Control) of the Simi Valley Municipal Code. The purpose of this code is to prevent siltation, protect off-site property, and prevent soil loss during grading.

Therefore, there is a less than significant impact on the environment from substantial soil erosion or loss of topsoil.
c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? (c-d) The geotechnical site evaluation of the property (Ref. #38) evaluated the suitability of the site soils for the proposed construction. The report recommends removal and recompaction of soil a minimum of seven feet below grade for the structures and a minimum of five feet below the bottom of all foundations. With the implementation of these 109
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recommendations and others in the geotechnical site evaluation, the site will not pose a significant risk to the proposed structures. Therefore, there is a less than significant impact to the environment from liquefaction, lateral spreading, or settlement. e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater?
The proposed project will connect to the existing sewer system and is not proposing the use of septic tanks or alternative wastewater disposal system. Therefore, there is no potential for a significant impact to the environment from soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems. f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
The site is underlain by younger alluvial materials, which have a low potential for containing paleontological deposits (Ref. #6). Therefore, there is a less than significant impact to the environment from the direct or indirect destruction or a unique paleontological resource or unique geologic feature.

VIII. GREENHOUSE GAS EMISSIONS: Would the project:
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
b) Conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
(a-b) The City of Simi Valley relies upon the expert guidance of the Ventura County Air Pollution Control District (VCAPCD) regarding the methodology and thresholds of significance for the evaluation of air quality impacts within Ventura County. Greenhouse Gas (GHG) emissions are air pollutants that are subject to local control by the VCAPCD.

As such, the City looks to the VCAPCD for guidance in the evaluation of GHG impacts. In September 2011, the Ventura County Air Pollution Control Board requested that VCAPCD staff report back on possible GHG significance thresholds for evaluating GHG impacts of land use projects in Ventura County under CEQA. VCAPCD staff responded to this request by preparing a report entitled Greenhouse Gas Thresholds of Significance Options for Land Use Development Projects in Ventura County. This report presents a number of options for GHG significance thresholds and summarizes the most prominent approaches and options either adopted or being considered by all other air districts throughout California.

Similar to other air districts, VCAPCD staff members are considering a tiered approach with the main components involving consistency with a locally adopted GHG reduction plan followed by a bright-line threshold for land use projects that would capture 90 percent of project GHG emissions. The South Coast Air Quality Management District (SCAQMD) is also considering these strategies for land use projects. The most recent proposal issued by the SCAQMD in September 2010 included a screening threshold of 3,000 MTCO2e/year for all non-industrial projects.
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For the purpose of evaluating the GHG impacts associated with the project, a threshold of 3,000 MTCO2e/year was used for plan level analyses. This threshold was used since it was developed based on the goal of AB 32 to reduce statewide GHG emissions to 1990 levels by 2020. As outlined in the Air Quality and Greenhouse Gas Study for the project (Ref. #36) the annual net GHG emissions associated with the construction of the project is 22 MTCO2e/year, and the net GHG emissions for project operation is 1,189 MTCO2e/year.

Combined, these emissions total to less than the SCAQMD screening threshold for non- industrial projects of 3,000 MTCO2e/year.

As part of the General Plan update, the City has adopted a Climate Action Plan (SV-CAP) that includes a baseline GHG emissions inventory, a methodology for tracking and reporting emissions in the future, and recommendations for GHG reduction strategies as a foundation for these efforts. The SV-CAP focuses on the various goals and policies of the General Plan relative to greenhouse gas emissions. The SV-CAP is designed to ensure that the impact of future development on air quality and energy resources is minimized and that land use decisions made by the City and internal operations within the City are consistent with adopted state legislation. The SV-CAP identifies energy reduction measures, including a requirement that new development exceed 2008 Title 24 Part 6 Energy Standards by 20 percent, and water use reduction measures to reduce water demand by 20 percent. The project will be required to comply with a number of ordinances that implement the goals of the SV-CAP. Simi Valley has adopted an Energy Reach Code, which adopts energy efficiency performance standards that reach higher than is required by Title 24 minimums.

The main focus is on efficiency measures that are simple to achieve and enforce, and have the greatest influence on community sustainability. The Reach Code increases energy efficiency requirements for residential and nonresidential structures beyond Title 24, set at 10 and 15 percent respectively for new construction and substantial remodels. Chapter 9- 39 of the City of Simi Valley Development Code promotes trip reduction and alternative transportation methods (e.g., carpools, vanpools, public transit, bicycles, walking, park-and- ride lots, improvement in the balance between jobs and housing), flexible work hours, telecommuting, and parking management programs to address traffic increases from new development. The Water Conservation Program Ordinance (Ordinance 1142) will reduce water consumption within the City of Simi Valley through conservation, effective water supply planning, prevention of waste, and will maximize the efficient use of water within the City of Simi Valley. The Water Conservation Ordinance is designed to reduce water use in the City to at least 15 percent below the 2009 baseline. The City is an early adopter of the CALGreen Building Code, which is intended to improve sustainability of the built Ordinance 1167 goes further by including a CEC-approved energy reach code, additional landscape water conservation, and increased recycling. Therefore, there is a less than significant impact for Greenhouse Gas Emissions.

IX. HAZARDS AND HAZARDOUS MATERIALS: Would the project:
a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
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c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? (a-c) The storage, handling, or use of any hazardous materials is regulated by state and local regulations. The California Building Code regulates the types and amounts of hazardous substances allowed in conventional structures (Ref. #11). Storage of any amount of hazardous materials within commercial spaces is subject to the Fire District and Ventura County regulations. These regulations limit the amount of hazardous materials that can be stored in these facilities in order to ensure public safety is protected. In addition, the residential uses do not transport, store, or use significant amounts of hazardous materials. Therefore, there is no potential for a significant impact to the environment from the routine transport, use, disposal or release of hazardous materials. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
The project site is not listed on the California Environmental Protection Agency, Department of Toxic Substances Control, Site Mitigation and Brownfields Reuse Program Database (Ref. #17). Therefore, there is no potential for a significant impact to the environment from a hazardous material.
e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? The closest airport is the Van Nuys Airport, located approximately 15 miles southeast of the project site. The project site is not located within an airport land use plan area or within two miles of a public or private airport. Therefore, there would be no impact for the project related to safety hazards or excessive noise from airport related uses. f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
The project is a request to develop a four-story Mixed-Use development consisting of 280 apartment units and 4,750 square feet of commercial space on 5.33 acres of a 14.57-acre site within the urban boundary of the City, which is surrounded by other urban land uses.

There is direct access to the site from both Tapo and Cochran Street for emergency response organiz
response and evacuation plan. Therefore, there is no potential for a significant impact to the environment from interference with an adopted emergency response or evacuation plan.
g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires?
The project site is not identified as a potential wildfire hazard area as shown on the Fire Hazard map in the City of Simi Valley General Plan (Ref. #13: City of Simi Valley, General Plan, Figure S-2, Pg. 8-9). Therefore, there is no potential for a significant impact to the environment from exposure of people or structures to wildland fires. 112
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X. HYDROLOGY AND WATER QUALITY: Would the project:
a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality?
The project would be connected to the existing sewer system and any wastewater would be collected and processed a
National Pollutant Discharge Elimination System (NPDES) permit (Ref. #21), development over one acre in size is required to install permanent filtration devices to clean runoff leaving the site. As outlined in the Preliminary Drainage Report for the project (Ref. #39), a new storm drain system will be constructed that incorporates a Continuous Deflective Separation (CDS) unit for pretreatment. The project will meet the requirements of the latest Stormwater Quality Urban Mitigation Plan (SQUIMP) by installation of Stormwater filtration units meeting the Stormwater Quality Design Flow established by Ventura County. In addition, the standing water within excavation will be handled pursuant to State requirements governing the handling of such construction related groundwater. Based on these conditions, water discharged from site would not violate any water quality standards.

Therefore, there is a less than significant impact to the environment from violating any water quality standards or waste discharge requirements. b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?
The project would receive its domestic water supply from the existing distribution system.

There is no proposal to use a well or groundwater from the site. Therefore, there is no potential for a significant impact to the environment from depleting groundwater supplies or interfering substantially with groundwater recharge.
c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i) Result in substantial erosion or siltation on or off-site? The property is surrounded by existing improvements. According to the Preliminary Drainage Report for the project (Ref. #39), a new storm drain system will be constructed to collect stormwater within the project area. This storm drain will be placed along the perimeter of the building and collect roof water runoff as well as courtyard runoff. The collection system will go through a low flow diversion structure, which will take the required treatment flows to a CDS unit for pretreatment and then into an underground infiltration chamber. The proposed infiltration chamber will be a series of perforated Corrugated Metal pipes. The discharge for high flows and any overflows from the Reinforced Concrete Pipe (RCP)
in Tapo Street. High flows will be routed through a diversion structure into onsite underground detention facility. The area north of the project will be collected into a new at the southwest corner of the site will remain as is.
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The on-site detention will comply with both the City of Simi Valley and Ventura County Watershed Protection District requirements and reduce the post development discharge to be equal to or less than the existing condition discharge. All stormwater flows will be detained before leaving the site. Since on-site drainage will be directed to the underground infiltration chamber, and there would be very little exposed soil after construction, the project would not result in substantial soil erosion or siltation.

Therefore, there is no potential for a significant impact to the environment from substantial soil erosion or the loss of topsoil.
ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off site?
According to the Preliminary Drainage Report for the project (Ref. #39), there will be no net increase of runoff rates from pre- to post-development conditions. In addition, the project will provide an underground infiltration chamber on the site. The on-site detention will comply with both the City of Simi Valley and Ventura County Watershed Protection District requirements and reduce the post development discharge to be equal to or less than the existing condition discharge. All stormwater flows will be detained before leaving the site. Since on-site drainage will be directed to an on-site detention system, the project will substantially contain flood flow over current undeveloped conditions. All proposed design storm peak discharges for the site will be equal to the 10year preproject peak flow rates. Therefore, there is no potential for a significant impact to the environment from a substantial increase in the rate or amount of surface runoff in a manner which would result in flooding on or off site. iii) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?
all storms. The Preliminary Drainage Report for the project (Ref. #39) submitted for this project has calculated the stormwater volume that must be treated. Captured storm flows will be pretreated prior to the water leaving the site. The project area will be collected through local inlets and storm drains. The storm drain will pass through a low flow diversion structure that will pass 8% of the Q50 flow rate for the tributary area. This flow rate will pass through a CDS unit, and then into an underground infiltration chamber. Flows over this rate up to the 10-year undeveloped flow (Q10) will bypass greater than the Q10 will be directed to an on-site detention system with an overflow tie P in Tapo Street. Therefore, there is a less than significant impact on the environment from exceeding the capacity of exceeding stormwater drainage systems or an increase in polluted runoff.
iv) Impede or redirect flood flows?
According to the Preliminary Drainage Report for the project (Ref. #39), the site will drain to an onsite underground detention facility. The on-site detention will comply with both the City of Simi Valley and Ventura County Watershed Protection District requirements and reduce the post development discharge to be equal to or less than the existing condition discharge. All storm water flows will be detained before leaving 114
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the site. Since on-site drainage will be directed to an on-site detention system, the project will substantially contain flood flow over current undeveloped conditions.

Therefore, there is a less than significant impact to the environment from impeding or redirecting flood flows.
d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
Flood
Insurance Rate Map (FIRM) 06111C0864E effective 1/29/2021. However, according to the Preliminary Drainage Report for the project (Ref. #39), the flood plain limit is not within the project area. The project site is not located near a large body of water that would produce seiches (seismically induced waves) nor is the site located in a tsunami inundation area. Therefore, there is a less than significant impact to the environment from a release of pollutants due to project inundation.
e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
The City requires projects to provide a minimum of 1,100 cubic feet of detention per acre of developed area. According to the Preliminary Drainage Report for the project (Ref. #39), the project will provide on-
Elimination System (NPDES) permit, development over one acre in size is required to install permanent filtration devices to clean runoff leaving the site. The project will meet the requirements of the latest Stormwater Quality Urban Mitigation Plan (SQUIMP) by installation of Stormwater filtration units meeting the Stormwater Quality Design Flow established by Ventura County. In addition, the standing water within excavation will be handled pursuant to State requirements governing the handling of such construction related groundwater. Based on these conditions, water discharged from site would not violate any water quality standards. Therefore, there is a less than significant impact to the environment from conflicts with or obstruction of water quality control or groundwater management plans.

XI. LAND USE AND PLANNING: Would the project:
a) Physically divide an established community?
The project is surrounded by commercial uses on all sides, except on the east, where there are residential uses. As such it will not physically divide an established community. b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Based on a review of the current General Plan, it has been determined that the project is consistent with goals, policies, and implementation measures adopted for avoiding or mitigating an environmental effect. The project complies with all thresholds related to biological resources, stormwater runoff, air quality, noise, and traffic generation. Therefore, there is no potential for a significant impact on the environment. 115
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XII. MINERAL RESOURCES: Would the project:
a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (a-b) Based on the geotechnical Site Investigation, the subsurface soil conditions encountered in the project site during the field exploration consisted mainly of young alluvial soils. According to the Geology and Mineral Resources Study of Southern Ventura County, California, by the California Division of Mines and Geology, there are no known mineral resources of value to the region in alluvium aside from sand and gravel for concrete aggregate and there are no mineral resources in the engineered fill (Ref. #24, Pgs. 27 & 28).

The project is located outside the area delineated as the Simi Oil Field on the California Department of Conservation, Division of Oil and Gas, District 2 Oil Field Map (Ref. #25).

There are no oil or gas wells located on the property according to the California Department of Conservation, Division of Oil and Gas, Regional Wildcat Map, W2-1 (Ref. #26) (https://maps.conservation.ca.gov/oilgas/). Locally important mineral resources have been mapped by the State and included in
project is located outside the area identified as a natural resource area on the Land Use the environment from the loss of availability of a regionally, statewide, or locally important mineral resource.

XIII. NOISE: Would the project result in:
a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
General Plan, to the east. The General Plan establishes noise standards for noise sensitive land uses of 45 dBA Community Noise Equivalent Level (CNEL) (atime- weighted 24-hour average noise level based on the A-weighted decibel)for interior, and 63 dBA CNEL for private outdoor living areas. One source for a potential increase in ambient noise levels is project-generated traffic. In general, a 3 dBA change in community noise levels is noticeable, while 12 dBA changes generally are not perceived. Since noise is measured on a logarithmic scale, the project would need to produce twice the current amount of traffic on surrounding streets (a 100 percent increase) in order to increase noise energy by 3 dBA. The trip generation study prepared for the project (Ref. #40) estimated a net increase of 296 average daily trips, which would not double the current traffic volumes in the area. The additional trips would increase traffic noise by less than 1 dBA, which would not be a noticeable change at existing noise sensitive receptors. 116
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The City has a threshold for exterior noise in the private outdoor living areas of residences of 63 dBA CNEL and 45 dBA CNEL for interior. In addition, changes in ambient noise levels of 10 decibels or more are considered significant. The Noise Study prepared for the project (Ref. #43) demonstrates that the operational noise level at the residences immediately east of the existing wall would be in the range of 40-45 dBA, which is below the threshold value. The project would not create a permanent increase in ambient noise levels in the project vicinity 10 dBA above the existing levels.

Though there could be temporary increases in ambient noise levels associated with project construction activities in excess of established General Plan maximums, the Municipal Code Section 5-16.02(i) allows for noise resulting from construction activities to not be considered a nuisance if it occurs between the hours of 7:00 AM and 7:00 PM.

Additionally, Section 5-16.02(h) prevents loud or unusual noise sources, such as pile drivers, from operati
Municipal Code and Goal N-
associated with construction-related noise would be minimized and only occur during the approved hours for construction activity. In addition, the below mitigation measures have been incorporated into the project.

N-1: For all construction-related activities, noise-attenuation techniques must be employed as needed to ensure that noise remains as low as possible during construction. The following noise-attenuation techniques must be incorporated into contract specifications to reduce the impact of construction noise:

Ensure that construction equipment is properly muffled according to industry standards and in good working condition.

Place noise-generating construction equipment and locate construction-staging areas away from sensitive uses, where feasible.

Schedule high noise-producing activities between the hours of 7:00 AM and 5:00 PM to minimize disruption on sensitive uses.

Implement noise attenuation measures, to the extent feasible, which may include, but are not limited to, temporary noise barriers or noise blankets around stationary construction noise sources.

Use electric air compressors and similar power tools rather than diesel equipment, where feasible.

All stationary construction equipment (e.g., air compressors, generators, impact wrenches, etc.) must be operated as far away from residential uses as possible and must be shielded with temporary sound barriers, sound aprons, or sound skins.

Construction-related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, must be turned off when not in use for more than five minutes.

Clearly post construction hours, allowable workdays, and the phone number of the job superintendent at all construction entrances to allow for surrounding owners to contact the job superintendent. If the City or the job superintendent receives a complaint, the superintendent must investigate, take appropriate corrective action, and report the action taken to the reporting party. 117
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b) Generation of excessive ground-borne vibration or ground-borne noise levels? The City of Simi Valley has not adopted vibration guidelines or standards, either as part of the General Plan or Simi Valley Municipal Code (SVMC). Estimated ground-borne vibration levels are based upon noise levels reported by the Federal Highway Administration (FHWA) Highway Construction Noise Handbook (2006), the Federal Transit Administration (FTA) Transit Noise and Vibration Impact Assessment (2006), and the distance to nearby sensitive receptors. Vibration thresholds have been established by the FTA for disturbance of people at 72 VdB (Vibration decibels) for residences and buildings where people normally sleep. , which
the FTA defines as vibration events occurring more than 70 times per day. The thresholds for frequent events are considered appropriate because of the scale and duration of proposed construction activity.

Construction activity associated with the project would create temporary ground-borne vibration on and adjacent to the project site from various types of construction equipment.

The Noise Study prepared for the project (Ref. #43) demonstrates that the forecasted vibration levels due to on-site construction activities would range from a low of 13 VdB to a high of 79 VdB and would not exceed human annoyance significance threshold of 80 VdB. In the event vibratory rollers are to be used during construction, limiting the distance to 80 feet from the adjacent receptor would reduce the potential impacts to human annoyance and would result in vibration levels below the significance threshold of 80 VdB.

The forecasted vibration levels due to on-site construction activities would not exceed the building damage significance threshold at the nearby sensitive receptors for vibratory rollers, large bulldozers, caisson drilling, loaded trucks, jackhammers, and small bulldozers. As such, construction vibration impacts to building damage would not be considered significant. Additionally, construction activity would only occur during daytime hours in compliance with SVMC Section 5-16.02, which would avoid sleep disruption. The mitigation measures described in the previous section will also contribute towards reducing ground-borne vibration and noise levels. Therefore, there is a less than significant impact to the environment from the generation of excessive ground-borne vibration or ground-borne noise levels.
c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?
The closest airport is the Van Nuys Airport, located approximately 15 miles southeast of the project site. The project site is not located within an airport land use plan area or within two miles of a public or private airport. Therefore, there would be no impact for the project related to safety hazards or excessive noise from airport related uses. 118
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XIV. POPULATION AND HOUSING: Would the project:
a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
The proposal is located in an urban area of the City. There is no need for additional public roads, utilities, or other public infrastructure to the project site. The project would not add any new public infrastructure but would result in the addition of 616 individuals to the population. This increase is not considered substantial population growth. Therefore, there is a less than significant impact to the environment from substantial population growth in the area.
b) Displace substantial numbers of people or existing people or housing, necessitating the construction of replacement housing elsewhere?
Based on the site visit, there are no dwelling units located on the property. Therefore, there is no potential for a significant impact to the environment from the displacement of any existing dwelling units.

XV. PUBLIC SERVICES:
a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:

Fire Protection?
Police Protection?
Schools?
Parks?
Other public facilities?
The property is located 2.0 miles from Ventura County Fire Protection District Station Number 41, located at 5874 East Los Angeles Avenue. Due to the existing streets, short distance, and level topography from the station to the site, the fire district can meet their standard response time of arriving in five minutes by traveling 30 miles per hour.

The Police Department has established acceptable standards for Patrol Officer response times to calls for service in the city. The acceptable response times to emergency calls average 3.2 minutes, non-emergency response times average 12 minutes. The Police Department tracks response times and is meeting these standards, based on the ic, the Police
Chief may reconfigure police beat boundaries, adjust deployment schedules for patrol shifts, or request funding for the creation of special task forces to deal with any increase in calls for service due to the proposed project. Therefore, there is no potential for a substantial impact associated with new facilities or personnel related to police services. 119
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The project is subject to school impact fees in order to offset impacts to the Simi Valley fees would constitute full mitigation of any impacts on schools [Government Code Section 65996 (b)].

The Rancho Simi Recreation and Park District reviewed the project. They determined that existing parks and recreational facilities have sufficient capacity to accommodate demand.

Currently there are approximately 1,057 acres of developed parkland and public open space in Simi Valley. This is approximately 8.31 acres of parkland for every thousand people in the Simi Valley Growth Area (1,057 / 127,070 x 1,000). This ratio complies with the standard of five acres per 1,000 people established in the Simi Valley Municipal Code Section 9-68.050. The project will be required to pay Park Land Dedication/In-Lieu fees to the Park District prior to the final map being recorded.

The need for public facilities is based on the demand generated by the population. The proposed apartments would house approximately 616 people. This is not considered a substantial population increase. Since the project would not result in a significant population increase, there would be a less than significant impact on public services or facilities including, fire protection, police protection, schools, parks or recreational facilities.

Therefore, there is no potential for a significant impact to the environment from substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services.

XVI. RECREATION:
a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (a-b) Based on the answer to question XIII (Parks), existing park facilities would be able to accommodate the modest increase in park use generated by this project. No new community recreational facilities or expansion of existing community facilities are proposed as a result of this project. Additionally, the project will be required to Park Land Dedication/In-Lieu fees prior to the Final Map being recorded. Therefore, there is no potential for a significant impact to the environment from an impact on recreation.

XVII. TRANSPORTATION: Would the project:
a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? 120
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determined that the project would not affect any public transit or bicycle facilities.

Therefore, the project would have a less than significant impact to the environment from a conflict with adopted policies, plans, or programs addressing the circulation system. b) Conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b)? Beginning July 1, 2020, CEQA analysis for determining potential significant transportation impacts from vehicles transitioned from an automobile delay or capacity measure to a Vehicle Miles Traveled (VMT) met
CEQA as required by Senate Bill (SB) 743. CEQA Guidelines Section 15064.3 establishes VMT as the most appropriate measure of transportation impacts, shifting away from the fect on level of service on nearby roadways and at intersections.

The State Office of Planning and Research (OPR) Technical Advisory identified project conditions to be reviewed at the CEQA Checklist stage to determine if a project can be presumed to have a less than significant CEQA transportation impact or if further analysis is required. CEQA Lead Agencies, such as the City, would have discretion to approve a impacts.
include the following:

Projects that generate less than 110 trips per day (net) as calculated using Trip Generation
Standalone retail projects less than 50,000 square feet in gross floor area located within neighborhoods
Community-serving projects such as parks, libraries, or other projects deemed by the City Engineer to have a less than significant impact
Projects with 100% affordable residential units
Projects located within 0.5 miles of the Simi Valley Metrolink Station determined by the City Transportation Analysis Model
City Staff prepared a VMT analysis for the Santa Susanna Plaza redevelopment project, consisting of 280 multi-family units and 4,750 square feet of retail space, located on Tapo Street south of Cochran Street. To conduct the analysis, Staff utilized the City of Simi Valley Transportation Analysis Model (SVTAM). The peak modeled VMT for the project was 15.8 VMT/capita for home-
background VMT of 16.15 VMT/capita, for home-based trips. The peak modeled VMT for the project was 8.0 VMT/capita for work-based trips
5% below background VMT of 10.35 VMT/employee, for work-based trips. As such, there are no project-specific impacts and no mitigation measures required. nt related to a conflict or
inconsistency with CEQA Guidelines Section 15064.3, subdivision (b) would be less than significant.
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c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible use (e.g., farm equipment)? SVMC Section 9-34.090 has specific design requirements for new access drives. These include minimum standards for width, grade, angle, surface, and clearance. The City of Simi Valley Department of Public Works, Department of Environmental Services, and the Ventura County Fire Protection District have reviewed the project and determined that those standards would be satisfied. Compliance with those design standards protects against the possibility of creating a substantial hazard due to a design feature. Therefore, there is no potential for a significant impact to the environment from a substantial increase in hazards due to a design feature.
d) Result in inadequate emergency access?
Access to the project site would be provided via one driveway on Cochran Street and one access design complies with SVMC Section 9-34.090, which ensures adequate and safe access onto a public right-of-way. The Ventura County Fire Protection District has also reviewed the project and determined that their standards would be satisfied. Therefore, there is no potential for a significant impact to the environment from inadequate emergency access.

XVIII. TRIBAL CULTURAL RESOURCES
Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, or cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.
(a-b) Although not previously graded, the site shows evidence of moderate ground disturbance such as vegetation clearing that would likely have compromised any potential tribal cultural resources. The Cultural Resource Study (Ref. #35) prepared for the study included consultation with Native American tribal groups. The Gabrielino Tongva Indians of California advised that the property is less than one mile from the Arroyo Simi which was a thoroughfare route that was used for 7,000 years and considered a sacred site. It was recommended that any ground disturbance for the project be monitored by a Native American. The Gabrieleno/Tongva San Gabriel Band of Mission Indians stated the site may 122
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be fairly sensitive for cultural resources and recommended archaeological and Native American monitoring for ground disturbance activities.

To comply with state law AB52, the City invited local interested tribes to consult on the project. The Fernandeño Tatavium Tribe of Mission Indians (FTBMI) found the project area to be sensitive for Tribal Cultural Resources, and provided recommendations that would protect potential resources discovered. Therefore, the applicant has incorporated the following mitigation measures into the project that incorporate the measures recommended by both tribes:

TCR1:The Project Applicant shall retain a professional Native American monitor procured by the Gabrieleno/Tongva San Gabriel Band of Mission Indians (GTIOC) to observe all ground disturbance activities. If cultural resources are encountered, the Native American monitor will have the authority to request ground disturbing activities cease within 60 feet of discovery to assess and document potential finds in real time.

TCR2:In the event that cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) must cease and a qualified archaeologist, meeting Secretary of Interior standards, must assess the find. Work on the portions of the project outside of the buffered area may continue during this assessment period. The Fernandeño Tataviam Band of Mission Indians (FTBMI) must also be contacted (Contact Phone: (818) 837- 0794; Email: [email protected]) regarding any pre-contact and/or post- contact finds and be provided information after the archaeologist makes the initial assessment of the nature of the find, so as to provide tribal input with regards to significance and treatment.

TCR3:Should the find be deemed significant, as defined by CEQA (as amended, 2015), the project Applicant must, in good faith, consult with the GTIOC and FTBMI on the disposition and treatment of any Tribal Cultural Resource encountered during all ground-disturbing activities.

Therefore, with incorporation of the above mitigation measures, there is a less than significant impact to the environment from a substantial adverse change in the significance of a tribal cultural resource.

XIX. UTILITIES AND SERVICE SYSTEMS: Would the project:
a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects?
Wastewater from the project would be collected by the existing sewer system. All the Based on a calculation by the City of Simi Valley Department of Public Works, equivalent dwelling units (EDU) produce 275 gallons of sewage per day. Based on this, the 280 apartment units and 4,750 square feet of commercial space would produce approximately 123
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59,000 gallons of sewage per day. Currently, the City's Wastewater Treatment Plant handles approximately 10 mi
and determined that no additional water or wastewater treatment facilities are required.

Based on this information, the project would not generate sewage that exceeds the limits Electricity would be provided to the project site by SCE, and natural gas would be provided by the Southern California Gas Company. Telecommunications are generally available in the project area, and facility upgrades would not likely be necessary. Therefore, there is a less than significant impact on the environment from the project requiring or resulting in the relocation or construction of new or expanded electric power, natural gas, or telecommunications facilities.
b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? New or expanded entitlements of water supplies are not needed for this project. The proposed project would be served by the Golden State Water Company (GSWC). GSWC obtains water from groundwater from the Simi Valley Groundwater Basin and purchased supplies from Calleguas Municipal Water District (Calleguas). GSWC Simi Valley also has an emergency connection with Ventura County Water Works District #8. of 6,585 acre-feet per year (AFY) in 2045, for their coverage areas within the City, and takes into account the current City of Simi Vall
existing commercial areas through infill development. The project is consistent with the Simi Valley General Plan. The applicant will be required to obtain a will-serve letter from Golden State in order to move
Management Plan assures that the demands of all purveyors they serve, including the GSWC, can be met through 2035 in all but the most extreme circumstances. Therefore, there is a less than significant impact to the environment due to insufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry, and multiple dry years.
c) Result in a determination by the wastewater treatment provider which serves or may serve ?
Wastewater from the project would be collected by the existing sewer system. As laid out in the Sewer Capacity Study completed for the project (Ref. #42), the existing public sewer main in Alpine has the capacity to accept and convey the wastewater flows associated with the proposed development. All the wastewater from the project would be treated at ewater treatment facility. Based on a calculation by the City of Simi Valley Department of Public Works, equivalent dwelling units (EDU) produce 275 gallons of sewage per day. Based on this, the 280 apartment units and 4,750 square feet of commercial space would produce approximately 59,000 gallons of sewage per day.

Currently, the City's Wastewater Treatment Plant handles approximately 10 million gallons 124
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system and t
Department of Public Works has reviewed the proposal and determined that no additional water or wastewater treatment facilities are required. Therefore, there is a less than significant
d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste?
(d-e) The Simi Valley Landfill and Recycling Center (SVLRC) would serve the proposed project. The SVLRC has a capacity of 123.1 million cubic yards of waste. Based on the maximum permitted disposal rate of 6,000 tons per day (tpd), seven days per week, 358 days per year, the site could operate until 2051 (Ref. #31). Waste Management accepts waste from a variety of sources, but they are restricted to the approval rate of 6,000 tons per day. Therefore, the SVLRC, at a minimum, has the ability to accept waste until 2051.

To comply with AB 939, the City has achieved a landfill diversion rate of at least 50 percent of its annual solid waste. Therefore, the project would comply with federal, state, and local management and reduction statutes and regulations related to solid waste.

XX. WILDFIRE: If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
a) Substantially impair an adopted emergency response plan or emergency evacuation plan? b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? (a-d) The project site is not identified as a potential wildfire hazard area as shown on the Fire Hazard Map in the City of Simi Valley General Plan (Ref. #13: City of Simi Valley, General Plan, Figure S-2, pg. 8-9), and is also not identified to be located within a CalFire Very High Fire Hazard Severity Zone (Ref. #41). In addition, the project will be required to comply with Ventura County Fire Protection District Conditions of Approval issued for the conceptual approval, prior to obtaining any building permit for the new structures.

Therefore, there is a less than significant potential for a significant impact to the environment from the effects of wildland fires.
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XXI. MANDATORY FINDINGS OF SIGNIFICANCE:
a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory?
Based on the answers to Section IV. a) (Biological Resources) there are no rare or endangered species present on the site and the parcel is not suitable habitat for any wildlife species or community. Since the project is within the urbanized area of the City, is surrounded by development, and has been previously graded, construction on this site will not degrade the quality of the environment to a point that would threaten any animal or plant species. Based on the answers to Sections V. and XVIII. (Cultural/Tribal Cultural Resources), there are no recorded cultural resources on the site. However, mitigation measures have been incorporated to protect any potential discovery of cultural resources encountered during project development. There are no historical structures located on the parcel. Therefore, the project will have no impact on the environment from degradation of the quality of the environment, substantial reduction of habitat of a fish or wildlife species, causing a fish or wildlife population to drop below self-sustaining levels, threatening to eliminate a plant or animal community, reduction in the number or restriction of the range of an endangered, rare, or threatened species or elimination of important examples of the major periods of California history or prehistory.
b) Does the project have impacts that are individually limited, but cumulatively considerable? considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? According to the Ventura County Air Pollution Control District Air Quality Management Plan (VCAQMP), if the project is consistent with the VCAQMP, it would have a less than significant cumulative impact on air quality.
are below the threshold values and consistent with the regional population forecasts in the plan. As such, the project is consistent with the VCAQMP. Therefore, there is a less than significant cumulative impact on air quality.

In order to address cumulative traffic impacts, the Circulation Element of the General Plan the design objective for the arterial street system.

To meet this design objective, individual projects are required to provide a circulation Traffic Study provided by the Applicant (Ref. #40) indicates that all of the study-area intersections will meet this objective. Since the last update of the General Plan in 2012, the Traffic Model used by the City to determine impacts on the circulation system has been updated each time a General Plan Amendment has been approved so that the model is kept up-to-date. Therefore, there is a less than significant cumulative impact on traffic and transportation.
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32. Institute of Transportation Engineers, Trip Generation, 10thEdition, 2020.

33. American Association of State Highway and Transportation, A Policy on Geometric Design of Highways and Streets, 1994.

34. California Department of Conservation, California Tsunami Maps and Data, www.conservation.ca.gov/cgs/tsunami/maps, accessed August 31, 2021.

35. Roberta Thomas, M.A., RPA, and Chandra Miller, M.A., Cultural Resource Investigation in support of the Santa Susana Plaza Project, City of Simi Valley, Ventura County, California, July 16, 2021

36. Meridian Consultants, Air Quality and Greenhouse Gas Study for the Santa Susana Mixed-Use Redevelopment Project, 2196 Tapo Street, Simi Valley, Ca 93065, June, 2021

37. PAX Environmental, Inc., Santa Susana Plaza Mixed-Use Redevelopment Tree Report, October 1, 2021

38. Advanced geotechnical services, Inc., Geotechnical Engineering Study, Proposed Mixed- Use Redevelopment, 2196 Tapo Street, Simi Valley, California, June 24, 2021

39. Jensen Design & Survey, Inc., Preliminary Drainage Report Santa Susana, September 20, 2021

40. Associated Transportation Engineers, Santa Susana Plaza Redevelopment Project, City of Simi Valley, CaliforniaRevised Traffic, Circulation and Parking Study, September 9, 2021

41. CalFire, Very High Fire Hazard Severity Zones in LRA Map, October 6, 2010 [https://osfm.fire.ca.gov/media/6023/simi_valley.pdf]

42. Jensen Design & Survey, Inc., Sewer Capacity Study Santa Susana, September 20, 2021

43. Meridian Consultants, Noise Study for the Santa Susana Mixed-Use Redevelopment Project, 2196 Tapo Street, Simi Valley, Ca 93065, November, 2021 XXIII. LIST BELOW THE PERSON OR PERSONS WHO PREPARED OR PARTICIPATED IN THE PREPARATION OF THE INITIAL STUDY.

Case Planner: Claudia Pedroso
Environmental Planner: Naren Gunasekera
Project Engineer: Steve Benjamin
Traffic Engineer: Justin Link
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Every project, including this development, is required to comply with the Countywide National Pollution Distribution Elimination System Permit (NPDES). This includes submitting storm-water drainage designs that comply with the Ventura Countywide Stormwater Quality Urban Impact Mitigation Plan (SQUIMP) and calculating the Stormwater Quality Design Flow and Stormwater Quality Design Volume to determine the total amount and flow volume of water the design is required to clean. Compliance with these requirements ensures that each project filters the required amount of storm-water contributed to the public drainage system and countywide pollutant concentrations comply with the NPDES permit. Therefore, there is a less than significant cumulative impact on the environment from water pollution.

Since the project is consistent with the Air Quality Management Plan, the National which indicates that
current General Plan, there is a less than significant impact to the environment from impacts that are individually limited, but cumulatively considerable. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?
Significant impacts to air quality, hydrology, and significant impacts from hazardous materials, geologic conditions, and noise have the potential to cause substantial adverse effects on human beings. Based on the responses to questions in Section III. a) - d), the project would not have a significant impact due to pollution, consistency with the Air Quality Management Plan, or exposure of sensitive receptors to significant pollution concentrations or odors. Based on the answers to questions IX. a) - d), the project would not have a significant impact due to the use or transport of hazardous materials, accidental release of hazardous materials, release of hazardous materials within a quarter mile of a school, or development on a hazardous materials site. Based on the answers to questions X. a) - e), the project would not have a significant impact due to erosion, flooding, and polluted runoff. Based on the answers to questions VII. a) - f), the project would not have a significant impact due to surface rupture, seismic ground failure, or landslides. Based on the answers to questions XIII. a) - c), the project would not have a significant impact on the environment due to the exposure of persons to noise levels in excess of standards established in the General Plan, the increase of ambient noise by 3 dB(A), or a substantial temporary or periodic increase in ambient noise levels.

Therefore, there is no potential for a significant impact to the environment from effects which will cause direct or indirect substantial adverse effects on human beings.

XXII. REFERENCES:

1. City of Simi Valley, Development Code, Title 9 of the City of Simi Valley Municipal Code (SVMC).

2. Ventura County Air Pollution Control District, Regulation IV Prohibitions: Rule 51 Nuisance, April, 13, 2004.

3. Ventura County Air Pollution Control District, Ventura County Air Quality Assessment Guidelines, 2016.

4. Ventura County Air Pollution Control District, Final 2016 Ventura County Air Quality Management Plan, February 14, 2017.
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5. Lander, E. Bruce, "Geology and Vertebrate paleontology of Cenozoic Non-marine Rock Units in Simi Valley, Simi Valley: A Journey through Time, 1997.

6. Engineering Science, Inc., Paleontological Resource Assessment Overview, Simi Valley, Ventura County, California, 1986.

7. Ventura County Cultural Heritage Board, Ventura County Historical Landmarks and Points of Interest, May 2016.

8. California Department of Conservation, Division of Mines and Geology, State of California Earthquake Fault Zones, Simi Valley West Quadrangle, May 1, 1999.

9. California Department of Conservation, California Geological Survey, State of California Earthquake Shaking Potential Map, https://maps.conservation.ca.gov/cgs/EQZApp/app/, accessed August 31, 2021.

10. California Department of Conservation, California Geological Survey, State of California Seismic Hazard Zones, Simi Valley West Quadrangle, April 7, 1997.

11. City of Simi Valley, Building Code, Title 8 of the Simi Valley Municipal Code, 2019.

12. State of California Health and Safety Code, Division 20, Chapter 6.95, Article 1.

13. City of Simi Valley, General Plan, Resolution No. 2012-27, May 24, 2012.

14. City of Simi Valley, General Plan Update: Final Environmental Impact Report, SCH 2009121004, June 2012.

15. City of Simi Valley, Street Map (Current).

16. City of Simi Valley, City of Simi Valley Bicycle Master Plan, 2009.

17. California Environmental Protection Agency, Department of Toxic Substances Control, EnviroStor Site Mitigation and Brownfields Reuse Program Database, http://www.envirostor.dtsc.ca.gov, accessed August 31, 2021.

18. City of Simi Valley, Master Plan of Drainage, Hawk and Associates (updated October 2019).

19. Geosyntec Consultants and Larry Walker and Associates, Ventura Countywide Stormwater Quality Management Program: Technical Guidance Manual for Stormwater Quality Control Measures, November 2010.

20. Federal Emergency Management Agency (FEMA), Flood Insurance Rate Map (FIRM), Community Panel Number 06111C0843E, January 20, 2010.

21. Ventura County Municipal Stormwater NPDES Permit (Board Order No. R4-2010-0108, Permit # CAS 004002).

22. Calleguas Municipal Water District, Inundation Map for Bard Reservoir, dated July 1, 1973.

23. Ventura County Watershed Protection District, Inundation Map for Las Llajas Dam, November 1999.

24. California Division of Mines and Geology, Geology and Mineral Resources Study of Southern Ventura County, California, 1973.

25. California Department of Conservation, Division of Oil and Gas, District 2 Oil Fields Map, March 22, 2001.

26. California Department of Conservation, Division of Oil and Gas, Regional Wildcat Map, Map W2-1, June 12, 2001.

27.Noise Control: A Basic Program for Local Governments, Management Information Service, Vo. 7, No. 3 (March 1975), pg. 6.

28. Brüel & Kjær, Environmental Noise,http://www.nonoise.org/library/envnoise/index.htm.

29. U.S. Department of Transportation: Federal Highway Administration, Office of Environment and Planning, Noise and Air Quality Branch, Highway Traffic Noise Analysis and Abatement Policy and Guidance, December 2019.

30. City of Simi Valley, 2013 , adopted November 2012.

31. Science Applications International Corporation, Final Environmental Impact Report, Simi Valley Landfill and Recycling Center Expansion Project, Ventura County, California, December 2010.
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V A N
L /W -2
B 2 B 2
L /W -2 L /W -2 L /W -2
S 1
B 4 B 4
L W 1
B 1

L OB BY
P OOL
6 0 ' X1 5 '
L W 1 L W 1

CL U B L OU NGE
B 3
S 1

CR EA TI VE OF F ICE
B 2
S 1
S 1
2 ,7 5 0 SF
519 ' - 0"
309 ' - 8"
B 1
B 1 A 2A 2
B 1 B 1 B 1
A 4
A 2
B 1
B 1
A 4
A 4
S 3

L OB BY

L EA SI NG

RE T AILRE T AIL
A 4 A4 A 4 A4 A 4 A 4 A 4
S 1
S 1
S 1
S 1
S 1
S 1
A 2
A 2
A 2
A 2
A 2
A 2
S 1
S 3 S 3 S 3 S 3
A 4

CR EA TI VE OF F ICE
L /W -2 L /W -2 L /W -2 RE T AIL

R E S I D E N TI A L
LO A D I N G 11' X 27'

R E S I D E N TI A L
LO A D I N G 11' X 27'
B 2
A 5 A 5 P ORT AL

F IT NE SS

P ACK AG E

B USI NE SSM A IL

GA M E ROO M OF F ICE

B REA K RMOF F ICE
IT

CE NT ER

DO GW AS H

L OB BY

L OUN GE
23 2
3 CITY COMMENTS

CITY COMMENTS
01/15/22
02/15/22

BUILDING ELEVATIONS - WEST & EAST

WEST ELEVATION

EAST ELEVATION
E
W

TOP OF PARAPET
43’-6”

TOP OF PARAPET
43’-6”
LEVEL 4
30’-0”
LEVEL 4
30’-0”
LEVEL 3
20’-0”
LEVEL 3
20’-0”
LEVEL 2
10’-0”
LEVEL 2
10’-0”
LEVEL 1
LEVEL 1
PL
310’-8”31’-6”
519’-0”

MATCH LINE

MATCH LINE
44’ - 4”AVERAGE GRADE TO ROOF LEVEL44’ - 4”NATURAL GRADE AT CORNER TO TOP MOST STRUCTURE54’ - 0”AVERAGE GRADE TO ROOF LEVELNATURAL GRADE AT CORNER TO TOP MOST STRUCTURE55’ - 0” 0’ 20’ 40’
0’-0” (989.65)
0’-0” (988.21)

REFER TO LIGHTING

FOR LIGHT FIXTURE

LOCATION AND

SPECIFICATIONS
NOTE:

NOTE: PERIMETER FENCE NOT

SHOWN FOR CLARITY
134
25 2
3 CITY COMMENTS

CITY COMMENTS
01/15/22
02/15/22

ENLARGED BUILDING ELEVATIONS - EAST

EAST ELEVATION - A

EAST ELEVATION - B

TOP OF PARAPET
43’-6”

MATCH LINE

MATCH LINE
LEVEL 4
30’-0”
LEVEL 3
20’-0”
LEVEL 2
10’-0”
LEVEL 1
24’-8” 15’-0”9’-4”
68’-0” 63’-6”
214’-6”
31’-0” 47’-0”
TYP.
24’-8”

TOP OF PARAPET
43’-6”
LEVEL 4
30’-0”
LEVEL 3
20’-0”
LEVEL 2
10’-0”
LEVEL 1
PL
0’ 16’ 32’
V A N
L /W -2
B 2 B 2
L /W -2 L /W -2 L /W -2
S 1
B 4 B 4
L W 1
B 1

L OB BY
P OOL
6 0 ' X1 5 '
L W 1 L W 1

CL U B L OU NGE
B 3
S 1

CR EA TI VE OF F ICE
B 2
S 1
S 1
2 ,7 5 0 SF
519 ' - 0"
309 ' - 8"
B 1
B 1 A 2A 2
B 1 B 1 B 1
A 4
A 2
B 1
B 1
A 4
A 4
S 3

L OB BY

L EA SI NG

RE T AILRE T AIL
A 4 A4 A 4 A4 A 4 A 4 A 4
S 1
S 1
S 1
S 1
S 1
S 1
A 2
A 2
A 2
A 2
A 2
A 2
S 1
S 3 S 3 S 3 S 3
A 4

CR EA TI VE OF F ICE
L /W -2 L /W -2 L /W -2 RE T AIL

R E S I D E N TI A L
LO A D I N G 11' X 27'

R E S I D E N TI A L
LO A D I N G 11' X 27'
B 2
A 5 A 5 P ORT AL

F IT NE SS

P ACK AG E

B USI NE SSM A IL

GA M E ROO M OF F ICE

B REA K RMOF F ICE
IT

CE NT ER

DO GW AS H

L OB BY

L OUN GE
B A
0’-0” (988.21)
(990.00) 0’-0”
AVERAGE GRADE TO ROOF LEVEL44’ - 4”NATURAL GRADE AT CORNER TO TOP MOST STRUCTURE53’ - 6” AVERAGE GRADE TO ROOF LEVELNATURAL GRADE AT CORNER TO TOP MOST STRUCTURE55’ - 0”44’ - 4” NOTE: PERIMETER FENCE NOT

SHOWN FOR CLARITY
NOTE: PERIMETER FENCE NOT

SHOWN FOR CLARITY

REFER TO LIGHTING

FOR LIGHT FIXTURE

LOCATION AND

SPECIFICATIONS
NOTE:
5 5 1 2 5518
5 5 56 65 11
11 74
4 48 5
8 771
1 6
13 14
15 16SMOOTH PLASTER OVER

FOAM TRIM - MATCH

ADJACENT WALL COLOR

WROUGHT IRON GATE -
DE6385 BLACK BEAN

EXTERIOR LIGHT FIXTURE
- REFER TO LIGHTING

GUTTER TO MATCH

ADJACENT WALL COLOR

DOWNSPOUT TO MATCH
ADJACENT WALL COLOR3
4 2
1 SIGNAGE
- REFER TO SIGNAGE EXHIBITS

FOR LOCATION AND SPECIFICATIONS

CONCRETE S-TILE ROOF

EAGLE TILE SANTA
CLARA BLEND - SMC8820

ALUMINUM STOREFRONT SYSTEM
WITH CLEAR GLAZING - BRONZE9
10 11
12 STUCCO COLOR 1
DEW 346 SWAN WHITE
STUCCO COLOR 2
DE 714 FRIAR TUCK

METAL AWNING -
DE6385 BLACK BEAN
7 8
6 5

PAINTED METAL

BALCONY RAILINGS -
DE6385 BLACK BEAN

WOOD TRELLIS

OLYMPIC - CAPE SAND

PAINTED METAL

DETAILING -
DE6385 BLACK BEAN

STUCCO AWNING -

MATCH ADJACENT

WALL COLOR

RECESSED VINYL WINDOWS

AT RESIDENTIAL

MILGARD - BRONZE
17 18

ROOF METAL TRELLIS STRUCTURE

WITH SHADE FABRIC

SOLID METAL GATE -
DE6385 BLACK BEAN
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185

PROCOPIO
100 Spectrum Center Drive
Suite 520
Irvine, CA 92618
T. 949.38 3.2997
F. 619.235.0398

MORGAN GALLAGHER
P. 858.480.8218949.468.1347
[email protected]

DEL MAR HEIGHTS

LAS VEGAS

ORANGE COUNTY

PHOENIX

SAN DIEGO

SILICON VALLEY
129131-00000001/5709375.1
February 8, 2022
VIA E-MAIL ([email protected])
Sean Gibson, AICP
Deputy Environmental Services Director/City
Planner
City of Simi Valley
2929 Tapo Canyon Road, Simi Valley, CA 93063
Re: Santa Susana Plaza Affordable Units
Mr. Gibson:

13.88 acre site known as Santa Susana Plaza located at 2196 Tapo Street in the City of Simi Valley existing shopping center. Gerrity
proposes to demolish a portion of the existing shopping center and construct a 280-unit residential community with ground-floor retail uses to revitalize the current retail center and provide the City with much needed hou
The Project is affordable by design, meaning the rental rates of all Project units are expected to be lower than the average rental rate of comparable units in the City. In addition, the Project will provide 14 deed restricted very low-income units to the community without any subsidies from the City.

We are in receipt of the email you sent on February 3rd regarding a potential City loan to Gerrity in exchange for Gerrity providing additional deed restricted very low-income units. While the , Gerrity has decided to move forward
to Council with the Project as proposed.

We believe the Project will provide an enormous benefit to the residents of the City. First, it will revitalize the area with a high-quality, pedestrian-friendly project with a number of amenities, including new public open space. In addition, the Project will significantly assist the City in meeting its housing needs and RHNA obligations. It will provide 14 very low-income units, which is equivalent to providing a substantially higher number of low or moderate units, and all of the remaining above EXHIBIT 2
186

2 129131-00000001/5709375.1

Finally, the Project is
fully consistent with t and State Density Bonus Law.

As you know, Neighborhood Councils #1 and #2 and the Planning Commission recommended approval of the Project as proposed. The Affordable Housing Subcommittee reviewed and recommended that the Affordable Housing
Agreement be considered by City Council. This is an excellent project that has been supported by the community and the City. Gerrity looks forward to presenting it to Council at the upcoming Council meeting.

Sincerely,
Morgan Gallagher

187

EXHIBIT 3

PLANNING COMMISSION RESOLUTION AND

DRAFT MINUTES
JANUARY 19, 2022
PD-S-2021-005/TP-S-2021-0001
INDEX Page
Planning Commission Resolution SVPC 01-
Planning Commission Draft Meeting Minutes of January 19, 2022 188
TPS20210001, PDS20210005, AHA20210001 PC Staff Report(sy) RESOLUTION NO. SVPC 01-2022

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF SIMI VALLEY RECOMMENDING TO THE

CITY COUNCIL APPROVAL OF A PLANNED
DEVELOPMENT PERMIT (PD-S-2021-0005) AND
TENTATIVE PARCEL MAP (TP-S-2021-0001) TO DEVELOP

A FOUR- STORY MIXED-USE PROJECT CONSISTING OF
280 APARTMENT UNITS AND 4,750 SQUARE FEET OF

NEW COMMERCIAL SPACE WITHIN AN EXISTING

SHOPPING CENTER, SUBDIVISION OF THE SITE INTO

THREE PARCELS, AND INCLUSION OF AFFORDABLE

HOUSING UNITS, DEVELOPMENT CONCESSIONS, AND
DEVELOPMENT WAIVERS, AND THE PROJECT’S

MITIGATED NEGATIVE DECLARATION AND MITIGATION

MONITORING PLAN, AS AMENDED
WHEREAS, the applicant, Santa Susana GRF2, LLC, has requested approval of a Planned Development Permit (PD-S-2021-0005), and Tentative Parcel Map (TP-S-2021-0001) for that 14.57-acre site located at 2196 Tapo Street, known as Ventura County Assessor's Parcel No. 644-0-070-580 and by the legal description attached hereto as Exhibit A, for the purpose of subdividing a 14.57 acre site into three parcels, and to construct a mixed use development consisting of 280 apartment units and 4,750 square feet of commercial space; and adopt the project’s Mitigated Negative Declaration (MND) and Mitigation Monitoring Plan; and
WHEREAS, an initial study, Mitigated Negative Declaration and Mitigation Monitoring Plan were prepared for the project, and advertised from December 30, 2021, to January 19, 2022.

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

SECTION 1. The findings for the Mitigated Negative Declaration contained in the Planning Commission Staff Report dated January 19, 2022 and incorporated herein by reference, are recommended to the City Council for adoption.

SECTION 2. The Mitigated Negative Declaration contained in the Planning Commission Staff Report dated January 19, 2022, and Mitigation Monitoring Plan, attached hereto as Exhibit 6 prepared for Tentative Parcel Map TP-S-2021-0001 and Planned Development Permit PD-S-2021-0005, are recommended to the City Council for adoption.
1 189
190

191

RES. NO. SVPC 01-2022
4 TPS20210001, PDS20210005, AHA20210001 PC Staff Report(sy)

EXHIBIT A