Staff Report — Simi Valley City Council, May 9, 2022

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C

ITY OF SIMI VALLEY

MEMORANDUM
M
ay 9, 2022
TO
: City Council
F
ROM: Department of Environmental Services
S
UBJECT: A PUBLIC HEARING TO CONSIDER CITY-INITIATED MUNICIPAL CODE TEXT AMENDMENTS (Z -S-2022-0001), TO AMEND PORTIONS OF
TITLE 9 OF THE SIMI VALLEY MUNICIPAL CODE TO PROVIDE

CLARIFICATIONS, DEFINITIONS, AND UPDATED DEVELOPMENT
PERMIT PROCEDURES ; A DETERMINATION THAT THE

AMENDMENTS ARE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA); AND INTRODUCTION OF AN

ORDINANCE

RECOMMENDATION
T
he Planning Commission recommends that the City Council introduce Ordinance No. 1341 (page 15) approving Z-S-2022-0001 to amend portions of Title 9 of the Simi Valley Municipal Code, to provide clarifications, definitions, and updated development permit procedures; and a determination that the amendments are exempt from the Calif ornia Environmental Quality Act, and introduction of an ordinance.

BACKGROUND AND OVERVIEW
T
he Development Code (Code), Title 9 of the Simi Valley Municipal Code (SVMC), provides a framework for regulating where and what type of development can occur within the City. The Development Code also provides a guide for everything from permissible land uses, to building densities, locations, setbacks, building heights, parking, and other development standards. From time to time, revisions are needed to ensure the Code remains in compliance with State law, provide clarifications, or adjust to the needs of the built environment, regional economic changes, and the community.

O
n February 25, 2022, Staff presented 29 code amendments to the Planning Commission for the purposes of eliminating Conditional Use Permit re quirements for Large Family Day Care projects; adding and clarifying the definitions of convenience stores, supermarkets, and food stores; updating the approval process for residential walls and fencing; adding vinyl and wildlife deterrent fencing to the l ist of allowable fencing materials; clarifying the allowable lot coverage for accessory structures; removing the roof slope design standards and size limitations for certain accessory dwelling units (ADU); extending the allowable time period for temporary residential Cargo Containers; amending setback requirements for accessory structures; clarifying the definitions for balcony, deck, kitchen, and Residential Care Facilities; and removing and correcting typographical errors.

AGENDA ITEM NO.

5B
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The Planning Commission, by a vote of 5-0, adopted Resolution No. SVPC 02-2022 recommending that the City Council approve Z-S- 2022-0001 with revisions to the definitions of “Food Stores”, “Convenience Stores”, “Balcony”, and “Deck”, and omitting wildlife deterrent fencing as part of this code amendment . The adopted resolution is included as Exhibit 1 and the revisions are disused within the findings and alternatives section of this report.

FINDINGS AND ALTERNATIVES

The following is a summary of the recommended amendments and revisions, which are incorporated into the proposed Ordinance No. 1341:

Part 1 - Family Day Care Homes

1. Eliminate the Conditional Use Permit requirement for Large Family Day Care projects to comply with updated State Code requirements (SVMC Section 9-

44.100).

The Conditional Use Permit requirement for Large Family Day Care projects will be removed to comply with California State Senate Bill 234 (2019) (“SB 234”). This law prohibits cities and counties from requiring any Family Child Care Home licensed by the Department of Social Services Community Care Licensing Division, large or small as defined in Health and Safety Code 1596.78, from having to obtain a land use/zoning permit and/or business license for their operation.

SVMC Section 9 -24.030, Table 2- 2, and SVMC Section 9- 26.030, Table 2- 5 will be amended to comply with this update and to provide consistency between the uses. The amendments are presented in Part 1 of Ordinance No. 1341

2. Revise and add definitions for Child and Adult Day Care in the glossary to provide consistency within the Development C ode (SVMC Section 9 -

80.020.C).

This revision will clarify that Child and Adult Day Care is defined as a facility that provides non-medical care and supervision of minor children or adults for periods of less than 24 hours. This revision will also eliminate the Large and Small Family Day Care Home definitions and add Family Day Care Home, defined as a day care facility located in a single- family residence where an occupant of the residence provides care and supervision for up to 14 children. Children under the age of 10 years who reside in the home count as children served by the day care facility.

The amendments are presented in Part 1 of Ordinance No. 1341

3. Revise Table 2-2 in SVMC Section 9-24.030 and Table 2-5 in SVMC Section 9-

26.030 to clarify language and land uses relating to Adult, Child, and Family Day Care Homes.

a. In Table 2-2, the Adult Day Care Facility land use and permit requirements will be added to provide consistency with Table 2- 5 in SVMC Section 9-

26.030.

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b. In Table 2-2, the row referencing Child/adult day care- Large family day care home, will be removed. The Child/adult day care- Small family day care home land use will be amended to Family Day Care Home and will keep the Permitted Use (P) in all residential zones, to be consistent with SB 234 and the proposed revisions SVMC Section 9-80.020.C.

c. In Table 2- 2, the Child/adult day care- Day Care Center land use will be amended to Child Day Care Center to provide consistency with SVMC 9-

80.020.C.

d. In Table 2-5, the word “facility” will be added to the Adult Day Care land use Section.

e. In Table 2-5, the Child Day Care Center land use and permit requirements will be added to provide consistency with Table 2-2 in SVMC 9-24.030.

f. In Table 2-5, the row referencing Child/adult day care- Large family day care home, will be removed. The Child/adult day care- Small family day care home land use will be amended to Family Day Care Home and will keep the Permitted Use (P) in all residential zones, to be consistent with SB 234 and the proposed revisions to SVMC Section 9-80.020.C.

The amendments are presented in Part 1 of Ordinance No. 1341.

4. Update language in SVMC Section 9 -24.060.A.2. to clarify development standards and requirements for Residential Care Facilities serving six or fewer persons and Family Day Care Homes.

This revision will amend the language in SVMC 9- 24.060.A.2 to clarify that Residential Care Facilities serving six or fewer persons and Family Day Care Homes, are subject to all development standards and requirements applicable to single-family dwellings. Staff recommends this revision to provide consistency within the Development Code. The amendment is presented in Part 1 of Ordinance No. 1341.

Part 2 - Food Stores

5. Define convenience store in the glossary to provide clarification of the use and consistency with SVMC Section 9 -26.030, Table 2- 5 (SVMC Section 9 -

80.020.C).

In the current Development Code, food stores, less than 8,000 square feet, with extended hours of operation are interpreted as convenience stores, as listed in SVMC Section 9 -26.030, Table 2- 5. At the February 23, 2022, Planning Commission meeting, the Commission suggested defining a convenience store as a small retail business 8,000 square feet or less, that sells a majority of food products for off-premises consumption and is open for extended hours, which may be ancillary to another function such as a gas station or other related us e. The modified amendment is presented in Part 2 of Ordinance No. 1341.

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6. Revise the definition of food store in the glossary to differentiate between a food store and a supermarket and to provide clarification to the Development Code. (SVMC Section 9-80.020.F).

At the February 23, 2022, P lanning Commission meeting, the Commission suggested a revision to clarify that food stores are defined as retail businesses 8,001 to 50,000 square feet, where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumption away from the site of the stor e. The modified amendment is presented in Part 2 of Ordinance No. 1341.

7. Define supermarket in the glossary to provide clarification of the use (SVMC Section 9-80.020.S).

This section will define a supermarket as a retail business 50,000 square feet or greater, which sells a line of dry grocery, canned goods, non-food items, and some perishable items. The amendment is presented in Part 2 of Ordinance No. 1341.

8. Revise the definition of retail sales and services in the glossary to provide clarification of the use (SVMC Section 9-80.020.R).

This revision will clarify that the definition for retail sales and services does not include convenience stores, food stores, or supermarkets. The amendment is presented in Part 2 of Ordinance No. 1341.

9. Revise Table 2-5 in SVMC Section 9 -26.030 to provide clarification between the existing food store and proposed supermarket uses within the Development Code.

a. This revision will add convenience stores as a permitted use in the Mixed Use Zone, and a conditionally permitted use in the Commercial Neighborhood District (CN), Civic Center District (CC), and the Commercial Planned Development Zone (CPD), in SVMC 9- 26.030, Table 2- 5. Staff recommends this addition to provide clarification between the existing food store uses and proposed supermarket uses. Additionally, permitted and conditionally permitted uses for convenience stores will be consistent with the currently allowed food stores that are less than 8,000 s quare feet, with extended hours.

b. To provide consistency within the Development Code, the square footages for the existing food stores will be removed from Table 2-5. The allowed use by zone and extended hours of operation will remain unchanged.

c. Supermarkets are not defined in the cur rent Development Code but are permitted under the existing food store use. The recommended revisions will add supermarkets without extended hours to Table 2- 5 as a permitted use in the Mixed Use (MU), Commercial Neighborhood District (CN), Civic Center District (CC), and the Commercial Planned Development Zones (CPD). Additionally, supermarkets with extended hours will be added as a 4 ZS20220001DevPermitccmtg5-9-22(klk)
permitted use in the Mixed Use (MU) Zone, and a conditionally permitted use in the CN, CC, and the CPD zones.

All amendments listed above are presented in part 2 of Ordinance No. 1341.

Part 3 - Fences

10. Add fence material options in residential zones (SVMC Section 9-30.030.A.6).

In residential zones, the current Development Code allows decorative block, plain block with cap, theme pilasters, wrought iron, and wood fences and walls. Staff recommends this revision to allow vinyl fence materials in residential zones. The inclusion of these materials will provide residents with additional design and privacy options. See Figure 1 below.

Figure 1: Vinyl Fencing Options

11. Define vinyl fence in the glossary to provide clarification of acceptable materials (SVMC Section 9-80.020.F).

This addition will define the composition and materials of acceptable vinyl fencing.

Staff recommends this definition to provide clarification on allowable fence materials. The amendment is presented in Part 3 of Ordinance No. 1341.

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Wildlife Deterrent Fencing

Over the years, residents have expressed concerns over coyotes entering their yards due to the current limitations in fence height. Currently, the maximum allowed height is six feet for rear and side yard fencing. The City Council directed Staff to hold o utreach meetings and meet with all Neighborhood Councils to get input from residents. The outreach results determined that increasing fence heights may deter coyotes from entering residential yards.

In 2018, Ventura County Animal Services implemented a C oyote Management Plan to increase public education. This plan was designed around co- existence with coyotes, enforcing regulations that prohibit feeding wildlife, and ensuring public safety through hazing training programs. Since the implementation of this plan, community concerns have decreased.

At the February 23, 2022, Planning Commission Meeting, Staff asked the Planning Commission to provide direction on an amendment that would allow the height of rear or side residential fence(s) to be increased up t o an additional two feet in height with a wil dlife deterrent fence extension. If accepted, wildlife deterrent fencing w ould be all owed only in residential zones. Any change in fence or wall height would be consistent with the existing design theme, colors, and materials and must be approved by the Deputy Environmental Services Director/City Planner with a Zoning Clearance. The proposed amendment is presented in Part 3 of the Planning Commission Staff Report (Exhibit 2).

The Commission members expressed their concerns regarding the wildlife deterrent fencing. They requested that staff provide additional clarity on potential design hazards, impacts on shared residential walls, and previous direction from the Neighborhood Councils. The amendment will be brought back to the Planning Commission at a later date, and all sections relating to wildlife deterrent fencing have been omitted from the proposed Ordinance No. 1341, as requested by the Planning Commission.

Part 4 – Zoning Clearance for Fencing

12. Update Zoning Clearance permit procedures to ensure traffic sight safety and compliance with the Development Code (SVMC Section 9-52.020.B.3).

In the current Development Code, an application for a Zoning Clearance is not required for fences or walls six feet or less in height. This revision will require an Applicant to obtain a Zoning Clearance for any fence or wall over 42 inches in height within the front yard setback (20 feet). This update is presented in Part 4 of Ordinance No. 1341.

Part 5 – ADU’s and JADU’s

13. Remove roof slope design standards for accessory dwelling units (ADUs) to be consistent with the City’s and State’s efforts to streamline the ADU permitting process (SVMC Section 9-44.160.B).
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In the current Development Code, the roof slope of a proposed ADU must match the dominant roof slope of the primary dwelling. The current requirement limits design options that would otherwise provide neighborhoods with a sense of uniqueness and identity (See Figure 3 below). Staff recommends removing this provision as it increases the processing time and adds additional costs to the Applicant, which is not in line with the City’s and State’s efforts to streamline the ADU permitting process. The amendment is presented in the partial ADUs and JADUs table of Part 5 of Ordinance No. 1341.

Figure 3: ADU Design Options

14. Revise attached ADU requirements in SVMC Section 9 -44.160.D to clarify size allowances for ADUs proposed with new construction, as an addition to the existing home, or as a conversion.

a. This section will revise SVMC Section 9- 44.160.D to clarify that where an ADU is proposed with new construction or an addition to the existing Single Family Dwelling ( SFD), the ADU can be no larger than 50 percent of the square footage of the existing square footage of the SFD or 800 square feet, whichever is larger, up to a maximum of 1,000 square feet. This section will also remove size limitations for ADUs made through the conversion of an existing accessory structure or a portion of the existing primary residence. This amendment was added subsequent to the Planning Commission meeting after further clarification from the Department of Housing and Community Development (HCD). The amendment is presented in Part 5 of Ordinance No. 1341.

15. Revise the language in SVMC Section 9-44.160.E and notes relating to Table 3-2 in SVMC Section 9- 30.080.D to clarify allowable yard coverage for accessory structures and SVMC Section 9- 44.160.F to add missing references to code sections.

a. This section will revise SVMC Section 9 -44.160.E and Table 4- 4 to clarify that detached ADUs over 800 square feet cannot cover more than 40 percent of any required yard. Footnote 2 will be added to the table to clarify that for a single-family residence, the required side yard is the first five feet for a single-story structure or the first 10 feet for a two- story structure from the side property line; the required rear yard is the first 20 feet from the rear property line; or as otherwise required by 9- 24.050 or the underlying development permit. The amendment is presented in Part 5 of Ordinance No. 1341.
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b. This section will revise the notes relating to Table 3- 2 in SVMC Section 9-

30.080.D to clarify that accessory structures cannot cover more than 40 percent of any required yard except for ADUs, which are subject to specific yard coverages outlined in Section 9 -44.160. This revision is represented separately in Table 3-2 of Part 7 of Ordinance No. 1341.

c. This section will add missing references to code sections that were inadvertently left out of SVMC Section 9 -44.160.F and Table 4- 5:

Development standards for ADUs in Multi -Family Dwellings. Staff recommends this revision to provide consistency throughout the Development Code. The amendment is presented in Part 5 of Ordinance No. 1341.

16. Add the definition of required yards in the glossary to clarify the allowable yard coverage for accessory structures (SVMC Section 9-80.020.Y).

This addition will define required yards as the first five feet for a single-story structure, or the first 10 feet for a two- story structure, from the side property line; the required rear yard is the first 20 feet from the rear property line; or as otherwise required by Section 9- 24.050 or the underlying development permit. The amendment is presented in Part 5 of Ordinance No. 1341.

Part 6 – Temporary Cargo Containers

17. Update permit proc edures in SVMC Section 9 -52.080 to allow temporary cargo containers of a certain size for a maximum of 28 days per calendar year and to clarify that a separate application and fee are not required for temporary cargo containers when used in conjunction with a valid Building Permit.

In the current Development Code, temporary cargo containers for the purpose of moving goods and/or temporary storage are allowed for a maximum of 10 days per calendar year. Staff recommends this revision to increase the duration to 28 days maximum per calendar year. This revision will also update the language in this section to clarify the maximum allowed size of the container shall be 8 ft. x 16 ft. (128 sq. ft.) and shall not encroach into the public right -of-way. Section 9-

52.080.I.2.c will also be revised to clarify that a separate Temporary Use Permit application and fee will not be required for temporary cargo containers used only during allowed construction activities in conjunction with a valid Building Permit.

The amendments are presented in Part 6 of Ordinance No. 1341.

Part 7 – Setbacks and Glossary Revisions

18. Revise the definition of a balcony in the glossary to clarify that a balcony is located above the level of the first floor (SVMC Section 9-80.020.B).

In the current Development Code, a balcony is defined as a platform more than 30 inches above grade with a railing. At the February 23, 2022, Planning Commission meeting, the Planning Commission suggested a revision to define a balcony as a 8 ZS20220001DevPermitccmtg5-9-22(klk)
platform attached to a structure above the first floor level with a railing. The modified amendment is presented in Part 7 of Ordinance No. 1341.

19. Revise the definition of a deck in the glossary to clarify that a deck is not to exceed the finished first floor level. (SVMC Section 9-80.020.D).

In the current Development Code, a deck is defined as a flat, open platform 30 inches or less in height above the grade. At the February 23, 2022, Planning Commission meeting, the Commission suggested a revision to define a deck as a flat, open platform above the grade, not exceeding the finished level of the first floor. The modified amendment is presented in Part 7 of Ordinance No. 1341.

20. Revise SVMC Section 9-30.080.D, Table 3- 2, Setbacks for Architectural Features and Accessory Structures, to clarify the required setbacks and requirements for accessory structures.

a. This revision will add missing dimensions to the ADU setback requirements.
b. Balconies will be relocated to an individual row, and will have a required minimum 20-foot front, 8-foot side, and 18- foot rear yard setback. c. This revision will remove detached guest house structures from Table 3 -2. d. This revision will relocate deck structures into two separate rows based on the different setback requirements. Decks 30 inches or more above grade will require a minimum 20- foot front, 8 -foot side, and 18- foot rear yard setback. Decks 30 inches or less above grade will require a minimum 20-foot front, 5-foot side, and 5- foot rear yard setback. e. This revision will remove open- designed structures, such as a freestanding gazebo or patio cover without solid walls from the Table.

These structures are already referenced with setback requirements. f. T his revision will add a note that rock-type waterfalls, waterslides, climbing walls, or skateboard ramps, and similar non- traditional nonresidential structures are limited to 10 feet in height for lots less than 20,000 sq. ft.

The amendments are presented in Part 7 of Ordinance No. 1341.

21. Replace Figures 3 -7 and 3-8 in SVMC Section 9 -30.080.D to be consistent with revised setbacks for accessory structures.

This revision will replace Figures 3- 7 and 3-8 in SVMC 9-30.080.D with updated figures that show revised se tbacks for accessory structures . This amendment is presented in Part 7 of Ordinance No. 1341.

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Part 8 - Definitions

Definitions

The following sections clarify and provide definitions to the Development Code.

22. Revise the definition of kitchen in the glossary to clarify required dimensions (SVMC Section 9-80.020.K).

This revision will add a missing dimension to storage cabinet height. Staff recommends this revision to provide clarification to the definition. The amendment is presented in Part 8 of Ordinance No. 1341.

23. Revise the definition of Residential Care Facility in the glossary to be consistent with the California State Code definition for Residential Facility (SVMC Section 9-80.020.R).

This revision will remove the words “of unrelated” from the definition to clarify that residential care facilities are defined as a single- dwelling unit or multiple- unit facility licensed or supervised by any Federal, State, or local health/welfare agency that provides 24- hour non- medical care to persons w ho are in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual in a family -like environment, including group homes . The amendment is presented in Part 8 of Ordinance No. 1341.

Part 9 through Part 12

Miscellaneous Typographical Errors

The following sections correct typographical errors in the Development Code that were made inadvertently.

24. Revise out -of-date code reference in SVMC Section 9- 30.040.C.6- Exterior Light and Glare.

This revision will remove the outdated reference to SVMC Sections 8- 11.12 and 13 (Security Standards for Buildings) and replace it with Title 8, Chapter 21. Staff recommends this revision to ensure coherence throughout the Development Code.

The amendment is presented in Part 9 of Ordinance No. 1341.

25. Remove reference to deleted code sections in SVMC Section 9- 44.105.A.

This revision will remove the reference to SVMC Sections 9- 25.050 through 9-

25.100, as they are no longer present in the Development Code. Staff recommends this revision to ensure coherence throughout the Development Code.

The amendment is presented in Part 10 of Ordinance No. 1341.

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26. Revise a typographical error in Table 2- 5 of SVMC Section 9 -26.030.

This revision will remove footnote number “9” from the Storage –Personal storage facilities CUP requirement in Table 2 -5 of the SVMC 9-26.030 and replace it with footnote number 8. Staff recommends this revision to ensure coherence throughout the Development Code. The amendment is presented in Part 11 of Ordinance No. 1341.

27. Remove a typographical error in SVMC Section 9- 28.070.B.

This revision will remove a repeated letter in SVMC Section 9- 28.070.B. Staff recommends this revision to remove the typo found in the Development Code. The amendment is presented in Part 12 of Ordinance No. 1341.

The proposed Ordinance No. 1341 includes the Planning Commission’s recommendation to approve the proposed text amendments. The findings and supporting evidence for approval of Z -S-2022-0001 are provided in the Planning Commission Staff Report and incorporated herein by reference in Exhi bit 2. The amendments recommended by the Planning Commission do not alter the conclusions of these findings.

The following alternatives are available to the City Council:

1. Introduce Ordinance No. 1341approving Zone Text Amendment Z-S-2022-0001 to amend portions of Title 9 of the Simi Valley Municipal Code, to provide clarifications, definitions, and updated development permit procedures; and a determination that the amendments are exempt from the California Environmental Quality Act, with or without modifications;

2. Refer the matter back to the Planning Commission;

3. Provide other direction to Staff.

The Planning Commission recommends Alternative No. 1.

SUGGESTED CITY COUNCIL MOTION

I move to introduce Ordinance No. 1341 approving Zone Text Amendment Z -S-2022- 0001 to amend portions of Title 9 of the Simi Valley Municipal Code, to provide clarifications, definitions, and updated development permit procedures; and a determination that the amendments are exempt from the California Environmental Quality Act.

SUMMARY

Staff initiated text amendments to Title 9 of the Simi Valley Municipal Code, for the purposes of eliminating Conditional Use Permit requirements for Large Family Day Care projects; adding and clarifying the definitions of convenience stores, supermarkets, and food stores; updating the approval process for residential walls and fencing; adding vinyl to the list of allowable fencing materials; clarifying the allowable lot coverage for accessory structures; removing the roof slope design standards and size limitations for certain accessory dwelling units (ADU); extending the allowable time period for temporary 11 ZS20220001DevPermitccmtg5-9-22(klk)
residential Cargo Containers; amending setback requirements for accessory structures; clarifying the definitions for b alcony, deck, kitchen, and Residential Care Facilities; and removing and correcting typographical errors. On February 25, 2022, the Planning Commission heard staff’s presentation and voted 5- 0 to recommend approval of the Zoning Text Amendments as modified (Z-S-2022-0001). The proposed Ordinance No. 1341 (page 15) includes the amendments as recommended by the Planning Commission.

____________________________________
Stratis Perros
Environmental Services Director

Prepared by: Alexandra Clingman, Assistant Planner

INDEX Page

Public Hearing Procedure .............................................................. 13 Ordinance No. 1341 ....................................................................... 15 Exhibit 1- February 23, 2022 Planning Commission Amended Resolution and Minutes .................................................................. 33 Exhibit 2- February 23, 2022 Planning Commission Packet ........... 59

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PUBLIC HEARING PROCEDURE

HEARING DATE: May 9, 2022

1. MAYOR: This is the time and place set for a public hearing to consider City-initiated Municipal Code text amendments (Z -S-2022- 0001), to amend portions of Title 9 of the Simi Valley Municipal Code to provide clarifications, de finitions, and updated development permit procedures; a determination that the amendments are exempt from the California Environmental Quality Act (CEQA); and introduction of an ordinance.

May I have a reading of the ordinance?

2. CLERK: (Reads ordinance)

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

4. STAFF: (Report)

5. ANY COUNCIL
MEMBER : (Questions of staff and staff response)

6. MAYOR: Is there anyone in the City Council Chamber wishing to be heard on this matter?

7. AUDIENCE: (Comments)

8. MAYOR: Does staff desire to respond to any comments or issues raised?

9. STAFF: (Response to comments and additional City Council questions)

10. MAYOR: The hearing is closed. Are there any comments or questions from members of the City Council?

11. ANY COUNCIL
MEMBER : (Comments)

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

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13. ANY COUNCIL
MEMBER :

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

1) Introduce, modify, or not introduce Ordinance No. 1341 (does not require a second or a vote; requires reading of ordinance);

* Any action to refer the matter back to staff or to continue the matter requires a second and a vote.

14. ANY COUNCIL
MEMBER : Second

15. MAYOR: (Call for vote)

16. MAYOR: Proceed to the next item.

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ORDINANCE NO. 1341

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SIMI VALLEY FOR Z-S-2022-0001, TO AMEND PORTIONS
OF TITLE 9 OF THE SIMI VALLEY MUNICIPAL CODE TO

PROVIDE CLARIFICATIONS, DEFINITIONS, AND
UPDATED DEVELOPMENT PERMIT PROCEDURES; A

DETERMINATION THAT THE AMENDMENTS ARE

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA)

WHEREAS, at the May 9, 2022, City Council meeting, the City Council directed the Department of Environmental Services to amend portions of the Simi Valley Municipal Code (SVMC) Title 9 for the purposes of eliminating Conditional Use Permit requirements for Large Family Day Care projects; adding and clarifying the definitions of convenience stores, supermarkets, and food stores; updating the approval process for walls and fencing; adding vinyl fencing to the list of allowable fencing materials; clarifying the allowable lot coverage for accessory structures; removing the roof sl ope design standards for accessory dwelling units (ADUs); extending the allowable time period for temporary residential Cargo Containers; amending setback requirements for accessory structures; clarifying the definitions for balcony, deck, kitchen, and Residential Care Facilities; removing and correcting typographical errors; and

WHEREAS, the proposed amendments will provide clarifications, definitions, and updated development permit procedures throughout Title 9 of the Simi Valley Municipal Code.

WHEREAS, the proposed amendments are exempt from review under the California Environmental Quality Act (CEQA; California Public Resources Code Section 2100, et seq.) and CEQA regulations (Title 14, California Code of Regulations Section 15000, et seq.) because the amendments are covered by the Common Sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061(b) (3).).

WHEREAS, on February 23, 2022, the Planning Commission considered staff’s recommendation and all evidence and testimony presented at the Public Hearing, and recommended to the City Council approval of Z-S-2022-0001 as amended; and

WHEREAS, the City Council held a duly noticed meeting for Z-S-2022-0001 on May 9, 2022, where they considered the staff report and testimony and introduced an ordinance for the first reading by title only.

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

SECTION 1
. The findings for Z-S-2022-0001, contained in the City Council staff report dated May 9 , 2022, and the recitals set forth above are hereby adopted as findings.

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SECTION 2. Z-S-2022-0001, which modifies various sections of Title 9, to amend portions of Title 9 of the Development Code t o provide clarifications, definitions, and updated development permit procedures; are hereby amended as shown in Exhibit A, attached hereto.

SECTION 3. Incompatible Provisions. To the extent of any provision of this ordinance is incompatible with or at variance with any prior adopted ordinance or resolution, the provision of this ordinance shall take precedence

SECTION 4 . Severability. If any provision of this ordinance is declared invalid by a court of competent jurisdiction, adjudicated to a final determination, the City Council finds that said voided part is severable, that the City Council would have adopted the remainder of this ordinance without the severed and voided part, and that the remainder of this ordinance shall remain in full force and effect.

SECTION 5. The City Clerk shall cause this ordinance or a summary hereof to be published in a newspaper of general circulation, published in the County of Ventura and circulated in the City, and if applicable, to be posted, in accordance with Section 36933 of the California Government Code; shall certify to the adoption of this ordinance and shall cause a certified copy of this ordinance, together with proof of publication, to be filed in the Office of the Clerk of this City.

SECTION 6. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.

PASSED and ADOPTED this XX day of May 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
16 ORD. NO. 1341

EXHIBIT A

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Proposed Simi Valley Development Code Text Amendments (Z-S-2022-0001)

Amendments to the following sections of Title 9 of the Simi Valley Municipal Code are shown below. Revised code sections are shown as underlined text . Deletions are shown
as strikethrough text.

Part 1

SVMC – Section 9-44.100 – Large Family Day Care Homes, is deleted to comply with Senate Bill 234 (2019). (Note that only the sections that are being modified are shown):

9-44.100 - Large Family Day Care Homes

A. Permit requirement. A large family day care home shall require an Administrative Conditional Use Permit approval.

B. Standards. Each large family day care home shall comply with the following standards, as minimum requirements:

1. The CUP shall remain valid as long as the State license is approved, and shall not be transferable;

2. The facility shall comply with building and safety requirements;

3. Hours of operation shall be limited between 6:00 a.m. to 8:00 p.m.;

4. The facility operator shall stagger the outdoor playtime period;

5. The facility operator shall stagger the drop-off and pick-up times;

6. The facility shall be provided outdoor lighting with intensity compatible with and directed away from the surrounding properties.

C. Notice and hearing. The notice and hearing procedures for the CUP shall be as follows: The Environmental Services Department shall give notice of the proposed use by mailing a written notice, postage prepaid, describing the use, not less than 10 calendar days prior to the date of the decision to the applicant, the owners of the property involved, and to the owners of the property situated in whole or in part within a radius of 100 feet of the boundaries of the assessor's parcel(s) on which the proposed use is to be located. Names and addresses shall be obtained by the applicant from the latest equalized assessment roll. No hearing on the application for a permit issued pursuant to this paragraph shall be held before a decision is made unless a hearing is requested by the applicant or other affected persons. If a hearing is requested, the Zoning Administrator will follow the guidelines of noticing and hearing procedures in Chapter 9-74 (Public Hearings).

D. Required findings. The approval of a large family day care home shall require that the Zoning Administrator first find that:

1. The large family child day care home has a valid final Building Permit; and

2. The large family child day care home is not located within 300 feet of another large family day care home.

17 ORD. NO. 1341

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SVMC – Section 9 -80.020 – The Definition of Specialized Terms and Phases is hereby amended to read as follows (note that only the sections that are being modified are shown):

9-80.020 - Definitions of Specialized Terms and Phrases

C. Definitions, "C."

Child/Adult Day Care. Facilities that provide non-medical care and supervision of minor children or adults for periods of less than 24 hours. These facilities include the following, all of which are required to be licensed by the California State Department of Social Services.

1. Child Day Care Center. Commercial or nonprofit child day care facilities designed and approved to accommodate 15 or more children. Includes infant centers, preschools, sick -child centers, and school -age day care facilities. These may be operated in conjunction with a school or church facility, or as an independent land use.

2. Large
Family Day Care Home. A day care facility located in a single-family residence where an occupant of the residence provides care and supervision for up to 14 children. Children under the age of 10 years who reside in the home count as children served by the day care facility.

3. Small Family Day Care Home. A day care facility located in a single-family residence where an occupant of the residence provides care and supervision for eight or fewer children. Children under the age of 10 years who reside in the home count as children served by the day care facility.

3.4. Adult Day Care Facility. A day care facility providing care and supervision for adult clients.

SVMC – Section 9 -24.030 - Residential and Open Space District Land Uses and Permit Requirements, is hereby amended to read as follows (note that only the sections that are being modified are shown):

18 ORD. NO. 1341

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9-24.030 – Partial Table 2-2
TABLE 2-2
Allowed Uses and Permit Requirements for
Residential and Open Space Zoning Districts
P Permitted Use (2)
CUP Conditional Use Permit required
HP Home Occupation Permit required
— Use not allowed
LAND USE (1)
PERMIT REQUIRED BY DISTRICT Specific
Use
Regulations OS RE RVL RL RM RMod RH RVH MH

RETAIL & SERVICE USES
Adult Day Care Facility — — — — — — — — —
Child/adult day care –
Small family day care
home Family Day Care
Home

P P P P P P P P
— 9-24.060(A)(2)
Child/adult day care –
Large family day care
home
CUP CUP CUP CUP CUP CUP CUP CUP — 9-44.100 (3)

Child/adult day care – Day
Care Center
— — — — CUP CUP CUP — —

SVMC – Section 9 -26.030 - Commercial, Industrial, Business Park Overlay, and Mixed-Use Overlay District Land Uses and Permit Requirements, is hereby amended to read as follows (note that only the sections that are being modified are shown):

9-26.030 – Partial Table 2-5
TABLE 2-5
Allowed Uses and Permit Requirements
for Commercial and Industrial Zoning Districts,
and Mixed-Use and Business Park Overlay Districts
P Permitted Use (2)
CUP Conditional Use Permit required
HP Home Occupation Permit required
— Use not allowed
LAND USE (1)
PERMIT REQUIRED BY DISTRICT Specific
Use
Regulations MU (9) CO CN CR CC CPD CI BP (9) LI GI

SERVICES - GENERAL
Adult day care facility P — P — P P — CUP CUP CUP
Child Day Care Center CUP

— P — P P — CUP CUP CUP
19 ORD. NO. 1341

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Child day care- Small Family
Day Care Home
P — P — P P — CUP CUP CUP
Child day care- Large family
day care home
CUP

— P — P P — CUP CUP CUP

SVMC – Section 9-24.060.A.2 - Residential and Open Space District Use Limitations and Operational Standards, is hereby amended to read as follows (note that only the sections that are being modified are shown):

A. General standards. The following standards shall apply to development in all residential and open space zones:

2. Residential Care Facilities and Family Day Care Homes. Residential Care Facilities serving six or fewer persons and Family Day Care facilities Homes serving 14 or fewer persons shall be subject to all development standards and requirements applicable to single-family dwellings.

Part 2

SVMC – Section 9 -80.020 – The Definition of Specialized Terms and Phases is hereby amended to read as follows (note that only the sections that are being modified are shown):

9-80.020 - Definitions of Specialized Terms and Phrases

C. Definitions, "C."

Convenience Store. A small retail business 8,000 square feet or less, that sells a majority of food products for off-premises consumption and is open for extended hours of operation which may be ancillary to another function such as a gas station or other related use.

F. Definitions, "F."

Food Store. A retail business 8,001 to 50,000 square feet, where the majority of
the floor area open to the public is occupied by food products packaged for preparation and consumption away from the site of the store.

S. Definitions, “S.”

Supermarket. A retail business 50,000 square feet or greater, which sells a line of dry grocery, canned goods, or non-food items, and some perishable items (see “Food Store” for markets under 50,000 square feet).

R. Definitions, “R.”
20 ORD. NO. 1341

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Retail Sales and Services. The sale of goods, articles, or services individually or usually in small quantities directly to the ultimate consumer or general public, not including convenience stores, food stores, or supermarkets.

SVMC – Section 9 -26.030 - Commercial, Industrial, Business Park Overlay, and Mixed-Use Overlay Di strict Land Uses and Permit Requirements, is hereby amended to read as follows (note that only the sections that are being modified are shown):

RETAIL TRADE
Convenience Stores P — CUP — CUP CUP — — — —
Food stores, 8,000 sf or
larger, without extended
hours of operation
P — P — P P — — — —
Food stores, less than
8,000 sf, with extended
hours of operation
P — CUP — CUP CUP — — — —
Supermarkets, without
extended hours of
operation
P — P — P P — — — —
Supermarkets, with
extended hours of
operation
P — CUP — CUP CUP — — — —

Part 3

SVMC – Section 9 -30.030.A.6 - Development/Design Considerations, is hereby amended to read as follows (note that only the sections that are being modified are shown):

6. Walls and fences. Walls and fences shall reflect the overall design theme of the project and consist of the following designs:

a. Decorative block, such as slumpstone or splitface block, with cap; b. Plain block with cap, stuccoed to reflect the general design theme; 21 ORD. NO. 1341

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c. Theme pilasters and wrought iron;
d. Wood fences are permitted only in reside ntial areas. Wood fences shall be of adequate and sound design as determined by the Deputy Director/City Planner; and/or
e. Chain link fences are not allowed, unless required by Caltrans or the Ventura County Watershed Protection District.;
f. Vinyl fences are permitted only in residential areas and must be installed per the manufacturer's requirements. Vinyl fences shall be constructed with steel - reinforced rails, metal stiffeners, or similar materials to reduce bowing and sustain high wind loads; and/or

SVMC – Section 9-80.020.F – The Definition of Specialized Terms and Phases is hereby amended to read as follows (note that only the sections that are being modified are shown):

9-80.020 - Definitions of Specialized Terms and Phrases

F. Definitions, "F."

Fence. A hedge, structure, or partition, erected for the purpose of enclosing a piece of land, or to divide a piece of land into distinct portions, or to separate two contiguous estates. A fence is also a roofless enclosure about a field or other space, or a bout any object; especially an enclosing structure of wood, iron or other materials, intended primarily to prevent intrusion from without or straying from within. However, fence shall not include a windbreak for the protection of orchards or crops.

1. Vinyl Fence. A fence made using synthetic plastics, such as vinyl (PVC), polypropylene, nylon, or polythene (polyethylene). Vinyl fences shall be constructed of high-grade, ultraviolet (UV) stabilized vinyl; resistant to oxidation, surface cracking, peeling, chipping, rotting, or fading.

Part 4

SVMC – Section 9-52.020.B.3 – An application for a Zoning Clearance shall not be required for the following uses and is hereby amended to read as follows (note that only the sections that are being modified are shown):

2. An application for a Zoning Clearance shall not be required for the following:

f. Fences or walls six feet or less in height.
, except when located within the required
front yard setback and is over 42 inches in height.

Part 5

22 ORD. NO. 1341

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SVMC – Section 9 -44.160 - Accessory Dwelling Units (Ministerial) is hereby amended to read as follows (note that only the sections that are being modified are shown):

B. All ADU's Development Standards.

Partial ADU's and JADU's Development Standards Table
ADU's and JADU's Development Standards
Development
Standard
Junior ADU ADU Within or Attached to Primary
Dwelling *
ADU Detached from Primary
Dwelling *
Design standards N/A a) The materials and colors of exterior walls, roof, eaves, windows, and doors of an ADU must match those of the primary dwelling.
b) The roof slope of an ADU must match the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.

D. Attached ADU Requirements

1. Attached ADUs may be new construction adding square footage to the main dwelling unit subject to setbacks outlined in Section B, or conversion of existing living area or an attached garage.

2. The maximum size of an attached ADU shall be as follows:
a. Where an ADU is proposed with new construction or an addition to the existing SFD, the ADU shall be no larger than 50 percent of the square footage of the existing square footage of the SFD or 800 square feet, whichever is larger, up to a maximum of 1,000 square feet.
b. If an ADU is proposed through conversion of existing living area or an attached garage, the ADU shall be no larger than 50 percent of the net square footage of the SFD following the conversion, or 800 square feet, whichever is larger, up to a maximum of 1,000 square feet.

3. An attached ADU cannot have an internal connection to the existing or proposed single-family dwelling.

E. Detached ADU Requirements.

5. A detached ADU may be attached to another accessory structure, however the maximum size of the entire detached structure will be limited to 30 percent of the existing or proposed single- family dwelling living area or 1,200 square feet, whichever is less. The structure also cannot cover more 23 ORD. NO. 1341

ZS20220001DevPermitccmtg5-9-22(klk)
than 40 percent of any required yard as defined in Section 9-80.020 of the SVMC.

Table 4-4: Lot coverage requirements for new construction ADUs

ADUs up to 800 square feet ADUs over 800 square feet
Lot
Coverage
Limits
N/A a) No structures shall cumulatively 1 cover more
than 40% of any required yard as defined in Section
9-80.020 of the SVMC2.
b) Minimum 50% of the rear yard setback width
must be open per Section 9-24.050.C.2.
1 This includes coverage by the ADU, accessory buildings, sheds, gazebos, or other permitted structures. 2 For a single-family residence: the required side yard is the first five feet for a single-story structure or the first 10 feet for a two-story structure from the side property line; the required rear yard is the first 20 feet from the rear property line; or as otherwise required by 9-24.050 or the underlying development permit.

SVMC – Section 9-44.160.F– ADUs in Multi-Family Dwellings is hereby amended to read as follows (note that only the sections that are being modified are shown):

F. ADUs in Multi-Family Dwellings
1) ADUs on lots with existing or proposed multi-family dwellings must meet the requirements in SVMC Section 9-44.160.F, Table 4-5: Development standards for ADUs in Multi-Family Dwellings
Table 4-5: Development standards for ADUs in Multi-Family Dwellings Attached ADUS Detached ADUs
Number A maximum of 25 percent of the existing
multifamily units with a minimum of one
unit.

A maximum of two ADUs.

Location Must be located within the portions of
existing multifamily dwelling structures
that are not used as living area,
including, but not limited to, storage
rooms, boiler rooms, passageways,
attics, basements, or garages, if each
unit complies with state building
standards for dwellings.

New construction or conversion
of legally permitted accessory
structures within yards subject
to the setbacks in SVMC 9-

44.160. Section D (2).
24 ORD. NO. 1341

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Size Minimum — of 220 square feet as required by the California Building Code standards for an efficiency dwelling unit
Maximum — 800 square feet
Rental Period The rental of any ADU must be for periods of 30 days or more.

Entrance No internal connection is permitted to any other dwelling unit.

Other Must meet all requirements of SVMC 9-

44.160 Section D.

Must meet all requirements of
SVMC 9-44.160 Sections D E
and F.

SVMC – Section 9 -80.020 – The Definition of Specialized Terms and Phases is hereby amended to read as follows (note that only the sections that are being modified are shown):

9-80.020 - Definitions of Specialized Terms and Phrases

Y. Definitions, “Y.”

Yard. An area between the property line and the walls of the principal or main building.

A required side yard is the first five feet for a single-story structure, or the first 10 feet for a two-story structure, from the side property line; the required rear yard is the first 20 feet from the rear property line; or as otherwise required by Section 9-24.050 or the underlying development permit.

Part 6

SVMC – Section 9-52.080.I.2. - Temporary Use Permits, is hereby amended to read as follows (note that only the sections that are being modified are shown):

2. Cargo containers. The temporary use of cargo containers shall be allowed only in compliance with the following, as well as those identified in Subsection 3, below. a. The cargo containers may:
(1) Be allowed for holiday seasonal sales in conjunction with a Temporary Use Permit for extensive promotional activity; (2) Be allowed in conjunction with a valid Building Permit; provided, the containers are located on or immediately adjacent to the development site; or (3) Be allowed for the purpose of moving goods and/or temporary storage. One container may be allowed for a maximum period of 10 28 days, per calendar year. The maximum allowed size of the container is shall be 8 ft. x 16 ft. (128 sq. ft.), and shall not encroach into the public right-of-way. b. Cargo containers are not allowed if their presence would impede traffic circulation, reduce parking spaces below the minimum number required (if applicable), are 25 ORD. NO. 1341

ZS20220001DevPermitccmtg5-9-22(klk)
visible from any public street or right -of-way, except during allowed construction activity, or impair public health or safety.
c. Separate application and fee not required. A separate Temporary Use Permit application or separate and fee shall not be required for temporary cargo containers to be used only during allowed construction activities in conj unction with a valid Building Permit.

Part 7

SVMC – Section 9 -80.020 – The Definition of Specialized Terms and Phases is hereby amended to read as follows (note that only the sections that are being modified are shown):

9-80.020 - Definitions of Specialized Terms and Phrases

B. Definitions, "B."

Balcony. A platform more than 30 inches above grade
attached to a structure that
is above the level of the first floor with a railing.

D. Definitions, "D."

Deck. A flat, open platform 30 inches or less in height above the grade, not exceeding the finished level of the first floor.

SVMC – Section 9 -30.080.D – Setback and Separation Requirements and Exceptions is hereby amended to read as follows (note that only the sections that are being modified are shown):

D. Setbacks for architectural features and accessory structures. Architectural features and accessory structures require the following setbacks as listed in Table 3-2.

26 ORD. NO. 1341

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TABLE 3-2 - SETBACKS FOR ARCHITECTURAL FEATURES AND ACCESSORY STRUCTURES * Accessory structures shall not cover more than 40 percent of any required yard except for Accessory Dwelling Units which are subject to yard coverages as outlined in Section 9-44.160

Structure
Minimum Required Setback**
Front Street Side Side Rear
Accessory Dwelling Units*+ 20 feet 4 feet 4 feet
Patio slabs and similar on-grade open space with no
construction above grade except handrails, walls,
fences, and landscaping 42 inches or less in height
Allowed anywhere
Outside stairways, balconies, exterior corridors,
and other exterior access facilities+
20 feet 1-story = 3 feet
2-story = 8 feet
18 feet
Eaves, awnings, sills, cornices, chimneys, and
similar architectural features
18 feet 1-story = 3 feet
2-story = 8 feet
18 feet
Balconies 20 feet 8 feet 18 feet
Detached guest houses, Attached patio roofs and
enclosures, workshops, pool houses and other
similar structures* +
20 feet 5 feet 10 feet
Detached garages*+ 20 feet 5 feet 10 feet
Breezeways and similar roofed passageways+ 20 feet 5 feet 20 feet Covered porches , decks and similar raised above
grade structures 30 inches or less above grade*+
14 feet 5 feet 14 feet
Decks 30 inches or more above grade*+ 20 feet 8 feet 18 feet Decks 30 inches or less above grade*+ 20 feet 5 feet 5 feet Gazebos, carports, sheds, and similar
nonresidential structures that are freestanding*+
20 feet 3 feet
Open-Designed structures without solid walls as
defined in SVMC 9-80.020*+
20 feet 3 feet 3 feet
Rock-type waterfalls, waterslides, climbing walls,
or skateboard ramps, and similar non -traditional
nonresidential structures 10-foot height limit for
lots less than 20,000 sq. ft.*
20 feet 5 feet
Swimming pools, hot tubs, and Jacuzzis 20 feet 3 feet
Accessory mechanical equipment (e.g., air
conditioning and heating equipment)
20 feet 5 feet 3 feet (except
combustion production
vents which need a
minimum of 4 feet)
27 ORD. NO. 1341

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SVMC – Section 9-30.080.D – Figures 3-7 and 3 -8 are hereby amended to read as follows:

Figure to be removed:

28 ORD. NO. 1341

ZS20220001DevPermitccmtg5-9-22(klk)
Figure to be inserted:

Figure to be removed:

29 ORD. NO. 1341

ZS20220001DevPermitccmtg5-9-22(klk)
Figure to be inserted:

Figure 3-8. Setbacks to Rear Property Line

Part 8

SVMC – Section 9 -80.020 – The Definition of Specialized Terms and Phases is hereby amended to read as follows (note that only the sections that are being modified are shown):

9-80.020 - Definitions of Specialized Terms and Phrases

K. Definitions, "K."

Kitchen. A kitchen for a Junior Accessory Dwelling Unit or Single Room Occupancy unit must, at minimum, provide a cooking area with a cooking appliance, refrigerator facilities, a food preparation counter that is at least 48" by 24" with a sink, and a storage cabinet that is at least 24" wide by 36" in length and 35" in height
, each having a clear working space of not less than 30" in front.

R. Definitions, “R.”

Residential Care Facility. A single-dwelling unit or multiple- unit facility licensed or supervised by any Federal, State, or local health/welfare agency that provides 24-hour non- medical care of unrelated to
persons who are in need of personal
services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual in a family-like environments, including group homes.

Part 9

SVMC – Section 9-30.040.C.6 - Exterior Light and Glare, is hereby amended to read as follows (note that only the sections that are being modified are shown):

Each exterior light fixture and light source shall comply with the following standards:
30 ORD. NO. 1341

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C. In order to comply with the above requirements of this Section, each plan for construction of a building with outside parking and lighting shall include the following:

6. Illumination intensity shall comply with the SVMC
8-11.12 and 13 (Security
Standards for Buildings). Title 8, Chapter 21 (Security Standards for Buildings).

Part 10

SVMC – Section 9-44.105.A – Mixed Use Overlay Development Standards, is hereby amended to read as follows (note that only the sections that are being modified are shown):

A. Mixed-Use Overlay Development Standards. Subdivisions, new land uses and structures, and alterations to existing land uses shall be designed, constructed, and/or established in compliance with the requirements herein, in addition to those
in Sections 9-25.050 through 9-25.100 as applicable, and the applicable standards in Article 3 (Development and Operational Standards).

Part 11

SERVICES - GENERAL
Storage - Personal storage
facilities (mini-storage)
— — — — — — — — — CUP 9 (8) 9-44.140
Notes:
(8) Must be located on a property that does not abut a primary or secondary arterial street as defined by Appendix D of the General Plan.
(9) Overlay District.
31 ORD. NO. 1341

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Part 12

SVMC – Section 9-28.070.B – Tapo Area Planning Overlay (TAPO) and Los Angeles Avenue Planning Overlay (LAAPO) Districts is hereby amended to read as follows (note that only the sections that are being modified are shown):

B. Allowable land uses. AAny land use normally allowed in the primary zoning district may be allowed within the TAPO and LAAPO overlay districts subject to the permit requirements of the primary zoning district, as modified by Subsection D. 32 ORD. NO. 1341
EXHIBIT 1

PLANNING COMMISSION AMENDED RESOLUTION

AND MEETING MINUTES
FEBRUARY 23, 2022
Z-S-2022-0001
INDEX Page
Planning Commission Amended Resolution SVPC 02-2022…………………………1 Planning Commission Meeting Minutes of February 23, 2022..…………………… .18
33 Z-S-2022-0001, Code Amendments PC Staff Report(sy)
RESOLUTION NO. SVPC 02-2022

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF SIMI VALLEY RECOMMENDING TO THE

CITY COUNCIL APPROVAL OF CITY -INITIATED
MUNICIPAL CODE TEXT AMENDMENTS (Z-S-2022-0001)
TO REVISE PORTIONS OF TITLE 9 OF THE

DEVELOPMENT CODE TO PROVIDE CLARIFICATIONS,

DEFINITIONS, AND UPDATED DEVELOPMENT PERMIT
PROCEDURES; AND A DETERMINATION THAT THE

AMENDMENTS ARE EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT, AS AMENDED
WHEREAS, the City of Simi Valley proposes amendments (Z-S-2022-0001) to portions of the Simi Valley Municipal Code (SVMC) Title 9 for the purposes of:
eliminating Conditional Use Permit requirements for Large Family Day Care projects; adding and cl arifying the definitions of convenience stores, supermarkets, and food stores; updating the approval process for walls and fencing; adding vinyl fencing to the list of allowable fencing materials; clarifying the allowable lot coverag e for accessory structures; removing the roof slope design standards for accessory dwelling units (ADU); extending the allowable time period for temporary residential Cargo Containers; amending setback requirements for accessory structures; clarifying the definitions for balcony, deck, kitchen, and Residential Care Facilities; removing and correcting typographical errors; and
WHEREAS, SVMC Section 9-73.050 authorizes the Planning Commission to make a written recommendation to the City Council whether to a pprove, approve in modified form, or disapprove the proposed amendment, based upon the findings contained in SVMC Section 9-73.070; and
WHEREAS, on February 23, 2022, a duly -noticed public hearing was held before the Planning Commission to consider eviden ce and public testimony on the proposed amendments, and whether the proposed amendments satisfied the findings as required under SVMC Section 9-73.070; and
WHEREAS, at this public hearing, the Planning Commission also considered whether the proposed amend ments are exempt from review under the California Environmental Quality Act (CEQA; California Public Resources Code Section 2100, et seq.) and CEQA regulations (Title 14, California Code of Regulations Section 15000, et seq.) pursuant to Government Code Se ction 15061 (b)(3), and whether the amendments are covered by the Common Sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment.

NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
SIMI VALLEY DOES RESOLVE AS FOLLOWS:
1 34
RES. NO. SVPC 02-2022
SECTION 1. The Planning Commission exercises its independent judgment and finds that the proposed amendment is not subject to environmental review under the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections 15061 (b)(3), because it can b e seen with certainty that t he proposed amendment has no possibility of a significant effect on the environment. This proposed amendment provides clarifications or interpretations of existing zoning code regulations, and can be seen with certainty that it will not result in any physical changes in the environment.

SECTION 2. Based upon the staff report, the evidence, the public testimony, and the entire record before it, the Planning Commission finds that the proposed amendment meets the findings required under SVMC Section 9-73.070, and as such, recommends that the City Council adopt Development Code Amendment No.

Z-S-2022-0001, as specified in the attached Exhibit A.

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

PASSED and ADOPTED this 23rd day of February, 2022.

Attest:
n Tolson, Chairperson
Planning Commission
David L. Caceres
City Attorney
Approved as to Content:
~ Mlik.,
Sean Gibson
Deputy Environmental Services
Director/City Planner
Z-S-2022-0001, Code Amendments PC Staff Report(sy)
35 RES. NO. SVPC 02-2022
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Simi Valley, California, at a regular meeting held on February 23, 2022 by the following vote:

AYES:

NAYS:

ABSTAIN:

ABSENT:

Commissioners Hodge, Mann, and G ray; Vice
Chairperson Rice; and Chairperson Tolson
None
None
None
3 Z-S-2022-0001, Code Amendments PC Staff Report(sy)
36 RES. NO. SVPC 02-2022

EXHIBIT A
4 Z-S-2022-0001, Code Amendments PC Staff Report(sy)
Proposed Simi Valley Development Code Text Amendments (Z-S-2022-0001) Amendments to the following sections of Title 9 of the Simi Valley Municipal Code are shown below. Revised code sections are shown as underlined text. Deletions are shown as strikethrough text.

Part 1
SVMC – Section 9-44.100 – Large Family Day Care Homes, is deleted to comply with Senate Bill 234 (2019 ). (Note that only the sections that are being modified are shown):
9-44.100 - Large Family Day Care Homes
A. Permit requirement. A large family day care home shall require an Administrat ive Conditional Use Permit approval.