Staff Report — Simi Valley City Council, September 12, 2022

CITY OF SIMI VALLEY

MEMORANDUM
Septem
ber 12, 2022
TO: City
Council
FRO
M: Department of Environmental Services
SUBJECT: A PUBLIC HEARING TO CONSIDER CITY -INITIATED SIMI VALLEY MUNICIPAL CODE TEXT AMENDMENT (Z -S-2021-0004), TO REVISE

PORTIONS
OF TITLE 9 TO PROVIDE PROCEDURES FOR VOLUNTARY
LOT
MERGERS; A DETERMINATION THAT THE AMENDMENT IS
E
XEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ;

AND INTRODUCTION OF AN ORDINANCE

RECOMMENDATION
The Planning Commission recommends that the City Council introduce Ordinance No. 1343 (page 8) approving Z-S-2021-0004, to revise portions of Title 9 of the Simi Valley Municipal Code (SVMC) to provide pr ocedures for voluntary lot mergers (Voluntary Lot Merger), and a de termination that the amendment is exempt from the California Environm ental Quality Act (CEQA).

BACKGROUND AND OVERVIEW
On September 8, 2021, and June 22, 2022, the Planning Commission heard testimony regarding a proposed text amendment to the SVMC , to allow property owners to submit applications for Voluntary Lot Mergers and introduce processes and documentation required to allow for such m ergers. At the first hearing, the Planning Commission expressed concerns regarding the text amendment language and continued the hearing to a date uncertain to allow time for Staff to: 1) Clarify the current process used when lots ar e voluntarily merged, 2) Identify potential effects of Voluntary Lot Mergers to properties with different General P lan and/or zoning designations, and densities, and 3) If lots are voluntarily m erged, clarify the process for changing General Plan and/or Zoning designations.

On June 22 , 202 2, the Planning Commission heard testimony regarding Staff’s clarifications to the above -stated concerns and, by a vote of 5 -0, the Planning Commission recommended to the City Council approval of Z-S-2021-0004.

The adopted Planning Commission Resolution and June 22, 2022, Planning Commission Draft Minutes are included as Exhibit 1. The June 22, 2022, and September 8, 2021, Planning Commission Staff Reports are provided in Exhibit 2.

VoluntaryLotMergerccmtg9-12-22(klk)
AGENDA ITEM NO.

5A
VoluntaryLotMergerccmtg9-12-22(klk)

FINDINGS AND ALTERNATIVES
I
n an effort to streamline processing of requests to combine abutting properties owned by the same entity, Staff initiated a text amendment (Z-S-2021-0004) (Page 10) to Title 9 of the Simi Valley Municipal Code, for the purpose of allowing property owners to administratively submit applications for Voluntary Lot Mergers and introduce processes and documentation required in order to allow the Voluntary Lot Merger.

City’s Current Process for Merging Lots
Cur
rently, the SVMC does not allow Voluntary Lot Mergers initiated by the property owner. The proposed ordinance will allow property owners to submit applications for Voluntary Lot Mergers and introduce processes and documentation.

Lot
mergers occur when two or more parcels are combined into a single legal parcel.

With a Voluntary Lot Merger, a city or county, by ordinance, may authorize the merger of contiguous parcels under common ownership without voiding the previous subdivision.

The ordinance shall require the recordation of an instrument evidencing the merger (Gov’t Code § 66499.20.3.).

W
ithout having specific procedures within the SVMC, Voluntary Lot Mergers are currently being processed via a lot line adjustment (realignment of boundary lines between existing parcels) and, if approved, the City issues a Certificate of Compliance. It should be noted that the purpose of the proposed Text Amendment is to codify ministerial procedures for approvals that do not require deliberation by an approval authority such as a Planning Commission or a City Council.

Proposed Municipal Code Amendments
T
he following Sections of the Simi Valley Municipal Code are proposed to be amended:
• SV
MC Section 9-60.050 – “Advisory Agency”, Table 6-1 “Authority for Subdivision Decisions” will be amended to allow the review authority for Voluntary Lot Mergers applications by the Environmental Services Director, and the decision making authority by the City Engineer;
• SVM
C Section 9 -63.010 “Purpose of Chapter ” will be amended to include and allow the processing of Voluntary Lot Mergers.

I
n addition, SVMC Section 9-63.045 “Voluntary Lot Mergers” has been added to include requirements for Voluntary Lot Mergers, as summarized below:
• R
equires Voluntary Lot Mergers to comply with City’s Engineer, current Building & Safety Codes, and Zoning Ordinance requirements;
2 VoluntaryLotMergerccmtg9-12-22(klk)
• P rovides for the Voluntary Lot Merger not to affect any fees, grants, easements, agreements, conditions, dedications, offers to dedicate, or security provided in connection with any subdivision approvals;

• Ensure that all of the parties having record title to the affected propert ies have given their consent and that the document used to affect the Voluntary Lot Merger contains an accurate description of the resulting parcel;

• Will allow for the processing of a Voluntary Lot Mergers ministerially;

• W ill allow a previously legal lot that was illegally subdivided to be merged back into the original configuration that existed prior to the illegal subdivision;

• R emoves the appeal period for Voluntary Lot Mergers as they are ministerial voluntary actions , typically requested by a single property owner or involve cooperating adjacent property owners.

It should be noted that a Voluntary Lot Mergers application can be withdrawn, or the applicant can determine not to proceed, as long as the Voluntary Lot Mergers has not been recorded.

Planning Commission Comments

At the June 22, 2022, Planning Commission Hearing, Planning Staff responded to the Planning Commission’s request for clarification of the proposed text amendment (See Exhibits 1 and 2). The following is a brief summary of those concerns:

What are the requirements if l ots wit h different General Plan and/or Zoning Designations are proposed to be merged?

When lots with different zoning districts are merged, the new combined lot would be zoned to match the more restrictive zoning designation. SVMC Section 9-

20.030.B.2 states, “If a zoning district boundary divides or splits a parcel, the entire parcel shall be deemed to be included within the zoning district that is the most restrictive, unless the parcel is subdivided to allow for development under the appropriate zoning distric t for each parcel.” In other words, the merged parcels would be zoned to match the more restrictive use. The same would apply to General Plan designations, if the lots have a different General Plan designation, the merged lot would be assigned the most restrictive use and would be subject to minimum lot size restrictions. Lot mergers allow for a more developable project, especially for small and odd-shaped lots.

What are the requirements if Applicant proposes to change the General Plan and/or Zoning Designations of the properties via a Voluntary Lot Mergers?

If the lots to be merged have different General Plan and/or Zoning designations, and the intent is to change those to either meet the higher density or propose a new density, a Voluntary Lot Mergers application could not be used. Such a 3 VoluntaryLotMergerccmtg9-12-22(klk)
request would require either a Parcel Map or Tentative Tract Map to accompany the requested Zone Change or General Plan Amendment. This type of request would not be a ministerial process and would require Planning Com mission and City Council approval. Voluntary Lot Mergers are a ministerial process and could only
be used if the merged lots are either the same zoning or changed to the more restrictive zone or General Plan designation.

It should be noted that Voluntary Lot Mergers could also be done for non- residential properties and would not have any impact on density. Likewise, Voluntary Lot Mergers of single-family zoned properties would not cause an impact in density, as long as the zoning is consistent and the lots meet the minimum size required by code.

The following alternatives are available to the City Council:

1. Introduce Ordinance No. 1343 approving Zone Text Amendment Z -S-2021-0004 to amend portions of Title 9 of the Simi Valley Municipal Code, to provide procedures for Voluntary Lot Mergers; and a determination that the amendments are exempt from the California Environmental Quality Act;

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. 1343 approving Z-S-2021-0004 to amend portions of Title 9 of the Simi Valley Municipal Code, to provide procedures for Voluntary Lot Mergers, and a d etermination that the amendmen t is exempt from the California Environmental Quality Act.

SUMMARY

In an effort to streamline processing of requests to combine abutting properties owned by the same entity or cooperative owners, Staff initiated a text amendment (Z-S-2021-0004) (Page xx) to Title 9 of the Simi Valley Municipal Code, for the purpose of allowing property owners to submit applications for V oluntary Lot Mergers and introduce processes and documentation required in order to allow the Voluntary Lot Merger. On June 22, 2022, the Planning Commission held a continued public hearing and voted 5- 0 to recommend the City Council approval of Z-S-2021-0004.

____________________________________
Stratis Perros
Environmental Services Director

Prepared by: Caesar Hernandez, Associate Planner

4 VoluntaryLotMergerccmtg9-12-22(klk)
INDEX Page

Public Hearing Procedure .....................................................................................6 Ordinance No. 1343…………………………………………………………… ............8 Exhibit 1 – June 22, 2022 Planning Commission Resolution and Draft Minutes..17 Exhibit 2 – June 22, 2022 and September 8, 2021 Planning Commission Packets ............................................................................................................... 33 Exhibit 3 – September 8, 2021 Planning Commission Minutes ........................... 89

5 VoluntaryLotMergerccmtg9-12-22(klk)

PUBLIC HEARING PROCEDURE

HEARING DATE: September 12, 2022

1. MAYOR
: This is the time and place set for a public hearing to consider City-initiated Municipal Code text amendment (Z-S-2021- 0004), to amend portions of Title 9 of the Simi Valley Municipal Code related to Voluntary Lot Mergers; the determination that the amendment is 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.

6 VoluntaryLotMergerccmtg9-12-22(klk)

13. ANY COUNCIL
MEMBER :

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

1) Introduce, modify, or not introduce Ordinance No. 1343 (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.

7 VoluntaryLotMergerccmtg9-12-22(klk)
ORDINANCE NO. 1343

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SIMI VALLEY APPROVING A CITY-INITIATED MUNICIPAL
CODE TEXT AMENDMENT (Z -S-2021-0004), TO AMEND
PORTIONS OF TITLE 9 OF THE SIMI VALLEY MUNICIPAL

CODE TO PROVIDE PROCEDURES FOR VOLUNTARY
LOT MERGERS ; AND A D ETERMINATION THAT THE

AMENDMENT IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA)

WHEREAS, at the September 12, 2022, C ity Council meeting, the City of Simi Valley Public Works Department directed the Department of Environmental Services to amend portions of the Simi Valley Municipal Code (SVMC) Title 9 for the purposes of providing procedures for Voluntary Lot Mergers; and

WHEREAS, on September 8, 2021, the Planning Commission considered staff’s recommendation and all evidence and testimony presented at the Public Hearing, and expressed concerns regarding the text amendment language and continued the hearing to a date uncertain to allow time for staff to address their concerns; and

WHEREAS, on June 22, 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-2021-0004 as amended; and

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, the City Council held a duly noticed meeting for Z-S-2021-0004 on September 12, 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-2021-0004, contained in the City Council staff report dated September 12, 202 2, and the recitals set forth above are hereby adopted as findings.

SECTION 2 . Z-S- 2021-0004, which modifies p ortions of Title 9 o f the Development Code t o provide procedures for Voluntary Lot Mergers; are adopted as shown in Exhibit A, attached hereto.

8 VoluntaryLotMergerccmtg9-12-22(klk)
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 _____ day of __________ 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

9 ORD. NO. 1343

EXHIBIT A
VoluntaryLotMergerccmtg9-12-22(klk)

Proposed Simi Valley Development Code Text Amendments (Z-S-2022-0004)

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

Part 1
Amend Chapter 9-60 – Applicability and Administration of Subdivision Regulations, Table 6-1 – Authority for Subdivision Decisions to include “Voluntary Mergers”, as follows:

TABLE 6-1 - AUTHORITY FOR SUBDIVISION DECISIONS
Type of Subdivision
Application or
Decision
Advisory
Agency
Role of Advisory Agency and Review Authority

Planning
Director
City
Engineer
Planning
Commission
City
Council
Certificate of
Compliance
City
Engineer
Recommend Decision Appeal Appeal
Conditional
Certificate of
Compliance
City
Engineer
Recommend Decision Appeal Appeal
Final Map Council(2) Recommend Approve/
Recommend
Decision
Lot Line
Adjustment
City
Engineer
Recommend Decision Appeal Appeal
Merger and
Unmerger
Council Recommend Recommend Decision
Voluntary Mergers City
Engineer
Recommend Decision Appeal Appeal
Parcel Map with
Subdivision
Agreement
Council(2) Recommend Approve/
Recommend
Decision
Parcel Map without
Subdivision
Agreement
City
Engineer
Recommend Decision Appeal Appeal
Reversion to
Acreage
Council Recommend Recommend Decision
Tentative Parcel
Map
Director Decision Recommend Appeal Appeal
Tentative Tract
Map
Commission Recommend Recommend Decision(3) Appeal
Vesting Tentative
Map
Council Recommend Recommend Recommend Decision
Waiver of Parcel
Map
Director Decision Recommend Appeal Appeal

10 ORD. NO. 1343

VoluntaryLotMergerccmtg9-12-22(klk)
Part 2

Amend Section 9-63.010 of the SVMC - Purpose of Chapter as follows:

9-63.010 - Purpose of Chapter

This Section establishes requirements for the filing, processing and approval or disapproval of applications for Certificates of Compliance, Lot Line Adjustments, Parcel Mergers, Voluntary Mergers
, and Reversions to Acreage.

Part 3
Add Section 9-63.045 for Voluntary Mergers to the SVMC as follows:

9-63.045 – Voluntary Mergers

A. Purpose; Concurrent Processing with Discretionary Projects

The purpose of this Section is to establish ministerial procedures for processing voluntary merger applications with regard to merging contiguous lots under common ownership into a single lot without reverting to acreage, as authorized by Government Code section 66499.20.3. In instances where a voluntary merger is requested in conjunction with a project involving an application for a Conditional Use Permit, Planned Development Permit, or other discretionary permits involving some or all of the property subject to the voluntary merger, the voluntary merger application shall be processed concurrently with the application for t he discretionary permits, including for purposes of evaluating the project’s potential environmental effects.

B. Application

Applications for the approval of a Voluntary Merger shall be filed with the office of the City Engineer. No application shall be accepted for filing and processing if there is a violation of the SVMC, or any provision of this Chapter on the subject lot(s) unless:

1. The acceptance of the application is necessary to abate the existing violation and unless it conforms to the requirements of this Chapter;

2. Contains in a full, true, and correct form, the required information prescribed by the forms supplied by the Department of Public Works; and

3. Is accompanied by the appropriate fees.

C. Filing and Processing Requirements

VoluntaryLotMergerccmtg9-12-22(klk)
be submitted and concurrently reviewed to the satisfaction of the Planning Division until deemed complete.

a. A deposit of the required fees pursuant to the City’s Fee Schedule to process and record a Certificate of Compliance for the voluntary merger.

b. A current preliminary title report showing all parties with a legal or equitable interest in the lots and all easements, covenants, and other encumbrances and interests in the affected lots at the time of the filing of the application for the voluntary merger.

c. All parties having any record title interest in the lots subject to the voluntary merger application shall consent in writing to the voluntary merger subject to the exceptions set forth in Government Code Section 66436.

d. If any of the existing lots are developed, a site plan prepared by the project surveyor that depicts the location of any buildings or structures with a notation of setback distances from the resulting adjusted lot lines.

e. Documentation, as required by the City Engineer, to establish that each of the lots that are subject to the voluntary merger are legal lots. The applicant is encouraged to consult with the City Engineer prior to submitting a voluntary merger application that involves illegally created lots to confirm compliance with Section 9-63.045.G paragraphs 1, 2, and 9.

f. Legal description and a map prepared by a person authorized to practice land surveying or land surveyor, of the new boundaries of the merged lot as adjusted by the voluntary merger. The sketch shall also include: (i) the boundaries of each of the existing lots at the time of application; and, (ii) a north arrow and the bearings and distances for the merged lot lines. A record of survey may be voluntarily submitted as a substitute for a map.

g. Draft certificate of voluntary merger (see Section 9- 63.045.K below) and deed(s) reflecting the adjusted property boundaries.

2. The voluntary merger application shall be processed ministerially without a public notice or hearing

D. City Engineer and Planning Division Review

1. The City Engineer and the Planning Division shall review the voluntary merger application. If additional information is needed, the applicant shall provide the documents and information requested by the City Engineer and the Planning Division in order to deem the application complete. If the application is determined to be incomplete, the applicant shall be notified in writing of the reasons therefor and informed of the information needed to make the application complete.

12 ORD. NO. 1343

VoluntaryLotMergerccmtg9-12-22(klk)

2. The City Engineer shall determine whether the documents required to effectuate the Voluntary Merger are technically correct, including the deeds, legal description, and map. When the City Engineer is satisfied that the documents to be recorded to complete the voluntary merger are technically correct, the City Engineer shall stamp and transmit the documents to the Planning Division for recordation with the Office of the County Recorder upon final approval of the application by the advisory agency pursuant to Section 9-

63.045.J of this Chapter.

E. Termination of Incomplete Application

An incomplete voluntary merger application may be terminated in the same manner for terminating an incomplete land use permit application as set forth in Section 9-

50.060.A.5, “Application deemed withdrawn”.

F. Designated Advisory Agency

The City Engineer or designee is the designated advisory agency for ministerial voluntary merger applications under this Article.

Standards for Approval

A Voluntary Merger that complies with the following standards shall be ministerially approved, subject to compliance with all other requirements of this Article:

1. Each of the lots to be merged are legal lots. However, a legal lot that was illegally subdivided thus creating two or more illegal lots may be merged back into its original configuration as the legal lot existed prior to the illegal subdivision so long as the other criteria of approval set forth in this section are met.

2. If one or more involved parcels is subject to a conditional certificate of compliance, the conditions of development must be fully satisfied by the merger. Notwithstanding the foregoing, if a condition of development that would not be satisfied relates to minimum parcel size, the merger shall be approved with the condition that the deed or deeds recorded to effectuate the merger contain an express statement that the resulting parcel remains subject to the conditional certificate of compliance, whose recording information shall be noted on the deed or deeds.

3. The lots to be merged are contiguous to each other.

4. The lots to be merged are under the same ownership.

5. If there are any liens or deeds of trust, they shall encumber the entire merged lot. There cannot be any liens or deeds of trust encumbering only a portion of the merged lot.
13 ORD. NO. 1343

VoluntaryLotMergerccmtg9-12-22(klk)

6. The voluntary merger will not adversely affect existing easements of record on any of the lots or any conditions of approval, dedications, offers to dedicate, or security arising from a previously recorded map that created any of the lots subject to the voluntary merger application.

7. The Voluntary Merger will not alter the exterior boundary of the lots to be merged.

8. The City Engineer has approved the legal description as accurately representing the exterior boundaries of the resulting merged lot.

9. The Voluntary Merger will not render any existing conforming structures or existing conforming uses on any of the involved lots to become a nonconforming structure or use. Existing legal nonconforming structures or uses on any of the lots subject to the application are not grounds to deny the voluntary merger.

10. The deed or deeds submitted to the City Engineer to effectuate the merger shall contain an express statement of the grantor(s), pursuant to Section 1093 of the Civil Code that the intent of the grantor and the purpose of the deed is to merge all of the property described in the deed into a single lot.

H. Conditional Approval

1. The only conditions the advisory agency may impose on the approval of a voluntary merger are those required:

a. Conform the merged lot to all objective standards and requirements of the General Plan, Zoning Ordinances and City of Simi Valley Improvement Standards and Specifications;

b. Require the prepayment of real property taxes prior to the recordation of the voluntary merger; and

c. Facilitate the relocation of existing utilities, infrastructure, or easements.

2. If the voluntary merger application is conditionally approved, the advisory agency shall send a letter of conditional approval notifying the applicant of the conditions to be fulfilled prior to recordation of the voluntary merger. If the conditions are not fulfilled within one year of the date of the letter, the voluntary merger shall expire and become null and void unless the applicant obtains a written extension from the advisory agency pursuant to Section 9 -63.045.I, “Extension of Conditional Approval” of this Chapter.

3. A conditionally approved voluntary merger shall be deemed ready for recordation when the advisory agency determines that the conditions have been fulfilled and is in receipt of the following:
14 ORD. NO. 1343

VoluntaryLotMergerccmtg9-12-22(klk)
a. An up-to-date preliminary title report;

b. The voluntary merger documents approved by the City Engineer (e.g., legal description and a map); and

c. All deeds prepared for recordation as approved by the City Engineer pursuant to Section 9-63.045.C.1.g of this Chapter.

4. Upon receipt of the documents required by Section 9- 63.045.H.3 above, the advisory agency shall cause each of the City Engineer -approved voluntary merger documents and deeds to be recorded in the Office of the County Recorder.

I. Extension of Conditional Approval

Prior to the expiration of the conditional approval of the voluntary merger application pursuant to Section 9- 63.045.H.2 above, the advisory agency may grant one extension of up to six (6) months if the applicant demonstrates good cause.

Certificate of Voluntary Merger

The recordation of a Certificate of Voluntary Merger and the deed(s) shall effectuate the voluntary merger of the separate lots into a single lot for the purposes of the Subdivision Map Act and this Chapter, and the lots shall thereafter be treated in all respects as a single lot. The Certificate of Voluntary Merger shall constitute a Certificate of Compliance for the merged lot.

Certificate of Voluntary Merger Requirements

A Certificate of Voluntary Merger shall include all the following:

1. All parties having any record title interest in the merged lot shall execute the Certificate of Voluntary Merger before a Notary Public and submit it to the City Engineer, excepting all those interests that are excepted pursuant to the provisions of Government Code Section 66436. The City Engineer shall also execute the Certificate of Voluntary Merger, but the signature need not be notarized.

a. The deed or deeds that comprise the ownership interests of each lot subject to the voluntary merger shall be attached to the certificate of voluntary merger, or the recorder number of each deed to each lot subject to the Voluntary Merger shall be referenced in the Certificate of Voluntary Merger.
15 ORD. NO. 1343

VoluntaryLotMergerccmtg9-12-22(klk)
b. The legal description of the merged lot approved by the City Engineer shall be attached to the Certificate of Voluntary Merger.

Part 4

Amend Section 9-80.020 – Definitions of Specialized Terms and Phrases of the SVMC as follows:

9-80.020 - Definitions of Specialized Terms and Phrases

M. Definitions, “M”
Merger–The joining of two or more contiguous parcels of land under one ownership into one parcel.

V. Definitions, “V”
Voluntary Merger–The merger of two or more contiguous lots, initiated by the property owner, all of which are under the same ownership into one lot without reverting to acreage and in conformity with Section 9-63.045.

16 ORD. NO. 1343
EXHIBIT 1

PLANNING COMMISSION RESOLUTION AND

DRAFT MEETING MINUTES
JUNE 22, 2022
Z-S-2021-0004
INDEX Page
Planning Commission Resolution SVPC 08-2022 ........................................................... 1 Planning Commission Meeting Minutes of June 22, 2022………………………………..11 17 RESOLUTION NO. SVPC 08-2022

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF SIMI VALLEY RECOMMENDING TO THE

CITY COUNCIL APPROVAL OF DEVELOPMENT CODE
AMENDMENT Z-S-2021-0004 AMENDING TITLE 9 OF SIMI

VALLEY MUNICIPAL CODE TO PROVIDE PROCEDURES

FOR VOLUNTARY MERGERS, AND A DETERMINATION

THAT THE AMENDMENT IS EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of Simi Valley Municipal Code Section 9-63.040, establishes that parcels may be merged upon the initiation of the City, in compliance with Subdivision Map Act (Government Code Section 66451.10, et seq.) Chapter 3, Article

1.5, which also allows jurisdictions to establish procedures for the processing of voluntary mergers; and
WHEREAS, this ordinance proposes procedures for Voluntary Mergers, to be consistent with the Subdivision Map Act, allowing property owners to initiate Voluntary Mergers; and
WHEREAS, the proposed amendment to the Simi Valley Municipal Code will support the objectives and policies of the Land Use Element of the Simi Valley General Plan; and
WHEREAS, on September 8, 2021, the Planning Commission held a Public Hearing to consider the amendment and continued the item to a date uncertain to allow Staff to address the Planning Commission's comments regarding the Text Amendment; and
WHEREAS, on June 22, 2022, the Planning Commission held a Continued Public Hearing to consider the amendment; and
WHEREAS, the proposed amendment is exempt from review under the California Environmental Quality Act (CEQA) because it is covered by the Common Sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. (See California Public Resources Code Section 2100, et seq.; CEQA regulations, Title 14, California Code of Regulations Section 15000, et seq.)

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

SECTION 1. The findings for approval for Z-S-2021-0004, contained in the Planning Commission staff report dated June 22, 2022, and incorporated herein by reference, are hereby recommended to the City Council for approval.

ZS20210004 PC Staff Report Cont.(sy)
1 18
RES. NO. SVPC 08-2022
SECTION 2. The Development Code Amendment Z-S-2021-0004, amends portions of Title 9 of the Simi Valley Municipal Code, Chapter 9-60, Table 6-1; Sections 9-63.010 and 9-80.020; and adds Section 9-63.045, and are attached hereto in Exhibit A, are hereby recommended to the City Council for approval.

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 22nd day of June 2022.

Attest:

Appr~ : F~rrm~:....:·.__-t-.,;;;,--.---
David Caceres
City Attorney
hn Tolson, Chairperson
lanning Commission
Approved as to Content:

Sean Gibson
Deputy Environmental Services Director/
City Planner
2 ZS20210004 PC Staff Report Cont.(sy)
19 RES. NO. SVPC 08-2022
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 June 22, 2022 by the following vote:

AYES: Commissioners Hodge, Mann, and Gray; Vice
Chairperson Rice; Chairperson Tolson
NAYS:

ABSTAIN:

ABSENT:

ATTEST:
3 ZS20210004 PC Staff Report Cont.(sy)
20 RES. NO. SVPC 08-2022

EXHIBIT A
4 ZS20210004 PC Staff Report Cont.(sy)

Proposed Simi Valley Development Code Text Amendment Z-S-2021-0004

Part 1
Amend Chapter 9-60 – Applicability and Administration of Subdivision Regulations, Table 6-1 – Authority for Subdivision Decisions to include “Voluntary Mergers”, as follows:

TABLE 6-1 - AUTHORITY FOR SUBDIVISION DECISIONS
Type of Subdivision
Application or
Decision
Advisory
Agency
Role of Advisory Agency and Review Authority

21 RES. NO. SVPC 08-2022
5 ZS20210004 PC Staff Report Cont.(sy)
Part 2

Amend Section 9-63.010 of the SVMC - Purpose of Chapter as follows:

9-63.010 - Purpose of Chapter

Part 3
Add Section 9-63.045 for Voluntary Mergers to the SVMC as follows:

9-63.045 – Voluntary Mergers

A. Purpose; Concurrent Processing with Discretionary Projects

The purpose of this Section is to establish ministerial procedures for processing voluntary merger applications with regard to merg ing contiguous lots under common ownership into a single lot without reverting to acreage, as authorized by Government Code section 66499.20.3. In instances where a voluntary merger is requested in conjunction with a project involving an application for a C onditional Use Permit, Planned Development Permit, or other discretionary permits involving some or all of the property subject to the voluntary merger, the voluntary merger application shall be processed concurrently with the application for the discretionary permits, including for purposes of evaluating the project’s potential environmental effects.

B. Application

1. The acceptance of the application is necessary to abate the existing violation and unless it conforms to the requirements of this Chapter;

2. Contains in a full, true, and correct form, the required information prescribed by the forms supplied by the Department of Public Works; and

3. Is accompanied by the appropriate fees.

C. Filing and Processing Requirements

1. The application for a Voluntary Merger shall be processed by the office of the City Engineer if all information and documents requested in the application , including each item listed below in Section 9-63.045.C.1.a. through C.1.g., shall 22 RES. NO. SVPC 08-2022
6 ZS20210004 PC Staff Report Cont.(sy)
be submitted and concurrently reviewed to the satisfaction of the Planning Division until deemed complete.

a. A deposit of the required fees pursuant to the City ’s Fee Schedul e to process and record a Certificate of Compliance for the voluntary merger.

e. Documentation, as required by the City Engineer , to establish that each of the lots that are subject to the voluntary merger are legal lots. The applicant is encouraged to consult with the City Engineer prior to submitting a voluntary merger application that involves illegally created lots to confirm compliance with Section 9-63.045.G paragraphs 1, 2, and 9.

g. Draft certificate of voluntary merger (see Section 9- 63.045.K below) and deed(s) reflecting the adjusted property boundaries.

2. The voluntary merger application shall be processed ministerially without a public notice or hearing

D. City Engineer and Planning Division Review

23 RES. NO. SVPC 08-2022
7 ZS20210004 PC Staff Report Cont.(sy)

63.045.J of this Chapter.

E. Termination of Incomplete Application
An incomplete voluntary merger application may be terminated in the same manner for terminating an incomplete land use permit application as set forth in Section 9-

50.060.A.5, “Application deemed withdrawn”.

F. Designated Advisory Agency
The City Engineer or designee is the designated advisory agency for ministerial voluntary merger applications under this Article.

G. Standards for Approval
A Voluntary Merger that complies with the following standards shall be ministerially approved, subject to compliance with all other requirements of this Article:

3. The lots to be merged are contiguous to each other.

4. The lots to be merged are under the same ownership.

5. If there are any liens or deeds of trust, they shall encumber the entire merged lot. There cannot be any liens or deeds of trust encumbering only a portion of the merged lot.
24 RES. NO. SVPC 08-2022
8 ZS20210004 PC Staff Report Cont.(sy)

7. The Voluntary Merger will not alter the exterior boundary of the lots to be merged.

8. The City Engineer has approved the legal description as accurat ely representing the exterior boundaries of the resulting merged lot.

H. Conditional Approval

1. The only conditions the advisory agency may impose on the approval of a voluntary merger are those required:

a) Conform the merged lot to all objective standards and requirements of the General Plan, Zoning Ordinances and City of Simi Valley Improvement Standards and Specifications;

b) Require the prepayment of real property taxes prior to the recordation of the voluntary merger; and

c) Facilitate the relocation of existing utilities, infrastructure, or easements.

3. A conditionally approved voluntary merger shall be deemed ready for recordation when the advisory agency determines that the conditions have been fulfilled and is in receipt of the following:

An up-to-date preliminary title report;
25 RES. NO. SVPC 08-2022
9 ZS20210004 PC Staff Report Cont.(sy)
b. The voluntary merger documents approved by the City Engineer (e.g., legal description and a map); and
c. All deeds prepared for recordation as approved by the City Engineer pursuant to Section 9-63.045.C.1.g of this Chapter.

I. Extension of Conditional Approval
Prior to the expiration of the conditional approval of the voluntary merger application pursuant to Section 9- 63.045.H.2 above, the advisory agency may grant one extension of up to six months if the applicant demonstrates good cause.

J. Certificate of Voluntary Merger
The recordation of a C ertificate of Voluntary Merger and the deed(s) shall effectuate the voluntary merger of the separate lots into a single lot for the purposes of the Subdivision Map Act and this Chapter, and the lots shall thereafter be treated in all respects as a single lot. The C ertificate of Voluntary Merger shall constitute a Certificate of Compliance for the merged lot.

K. Certificate of Voluntary Merger Requirements
A Certificate of Voluntary Merger shall include all the following:

The Certificate of Voluntary Merger shall include an express written statement that the consolidation of the legal descriptions of the lots is intended by the owner(s) to merge those lots into a single lot as set forth in the legal description of the merged lot. This shall be accomplished as follows:
a. The deed or deeds that comprise the ownership interests of each lot subject to the voluntary merger shall be attached to the certificate of voluntary merger, or the recorder number of each deed to each lot subject to the Voluntary Merger shall be referenced in the Certificate of Voluntary Merger.
26 RES. NO. SVPC 08-2022
10 ZS20210004 PC Staff Report Cont.(sy)
b. The legal description of the merged lot approved by the City Engineer shall be attached to the Certificate of Voluntary Merger.

Part 4

Amend Section 9-80.020 – Definitions of Specialized Terms and Phrases of the SVMC as follows:

9-80.020 - Definitions of Specialized Terms and Phrases

M. Definitions, “M”
Merger
–The joining of two or more contiguous parcels of land under one ownership into one parcel.

27 MI

NUTES OF THE MEETING OF THE

PLANNING COMMISSION

MOBILE HOME RENT MEDIATION BOARD

TREE ADVISORY BOARD
Ci
ty Council Chamber June 22, 2022
2929 Tapo Canyon Road
Simi Valley, CA 93063

1. CAL

L TO ORDER
The regular meeting of the Planning Commission of the City of Simi Valley was called to order at 6:30 p.m.

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL

Present: Commissioners Hodge, Mann, and Gray; Vice Chairperson Rice; Chairperson Tolson

Absent: None

4. APPROVAL OF AGENDA
It was the consensus of the Commission to approve the agenda as submitted.

5. APPROVAL OF MINUTES – April 20, 2022
It was the consensus of the Commission to approve the minutes as submitted.

6. DECLARATION OF CONFLICT – None

7. PUBLIC STATEMENTS – None
City Attorney David Caceres stated that the chamber doors were open to allow access to everyone wishing to attend the meeting.

8. CORRESPONDENCE – None
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Planning Commission Meeting
Mobile Home Rent Mediation Board
Tree Advisory Board Minutes – Page 2 June 22, 2022

9. CONSENT CALENDAR
A. Resolution of denial for Case No. CUP-S-2022-0001, a request for approval for a Conditional Use Permit (Administrative Action) to operate an indoor bottle and can recycling business, located at 4318 E Cochran Street; and a determination that the project is exempt from the California Environmental Quality Act.

Staff Contact: Naren Gunasekera
(805) 583-6863
It was the consensus of the Commission to approve the Consent Calendar as submitted.

10. CONTINUED BUSINESS
A. PUBLIC HEARINGS

1. Z-S- 2021-0004; City of Simi Valley : To consider recommending to the City Council City -initiated Simi Valley Mu nicipal Code Text Amendment (Z-S-2021-0004), to revise portions of Title 9 to provide procedures for Voluntary Lot Mergers, and a determination that the project is exempt from the California Environmental Quality Act.

Location: Citywide
Staff Contact: Caesar Hernandez
(805) 583-6869
There were no ex parte communications to report.

Deputy Environmental Services Director/City Planner Sean Gibson gave a brief overview of the project.

Associate Planner Caesar Hernandez gave a presentation of the staff report.

Principal Planner Claudia Pedroso answered questions asked by Commissioner Gray regarding the use of different zoning designations when two properties have conflicting densities. Principal Planner Claudia Pedroso clarified, in case of such a situation, the most restrictive designation would be used.

Chairperson Tolson opened the public testimony portion of the hearing.

Chairperson Tolson closed the public testimony portion of the hearing.

Commission comments:

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Planning Commission Meeting
Mobile Home Rent Mediation Board
Tree Advisory Board Minutes – Page 3 June 22, 2022

VICE CHAIRPERSON RICE MOVED THAT THE

PLANNING COMMISSION OF THE CITY OF SIMI

VALLEY ADOPT A RESOLUTION RECOMMENDING

TO THE CITY COUNCIL CITY -INITIATED SIMI

VALLEY MUNICIPAL CODE TEXT AMENDMENT
(Z-S-2021-0004), TO REVISE PORTIONS OF TITLE 9

TO PROVIDE PROCEDURES FOR VOLUNTARY
LOT MERGERS ; AND A DETERMINATION THAT

THE PROJECT IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT

Commissioner Hodge seconded the motion.

AYES: Commissioners Hodge and Mann, Vice
Chairperson Rice, and Chairperson
Tolson

NAYS: Commissioner Gray

ABSTAIN: None

ABSENT: None

The appeal period for the Z-S- 2021-0004. is 14
calendar days.

B. OTHER - NONE

11. NEW BUSINESS
A. PUBLIC HEARINGS – None
B. O THER

1. Discussion on standards for utility screening, landscaping buffers, setback requirements, and yard definitions
Staff Contact: Alexandra Clingman
(805) 583-6772
Deputy Environmental Services Director/City Planner Sean Gibson gave a brief overview of the project.

Assistant Planner Alexandra Clingman gave a presentation of the staff report. 13 30
Planning Commission Meeting
Mobile Home Rent Mediation Board
Tree Advisory Board Minutes – Page 4 June 22, 2022

Deputy Environmental Services Director/City Planner Sean Gibson answered questions asked by Commissioner Gray regarding cul- de-sacs, stating that every property is unique and in certain single- family residential properties, the whole curvature, can be considered the front yard.

Commissioner Gray requested a clear definition for the future regarding what is considered a front and what is considered the side of the property.

Principal Planner Claudia Pedroso provided further clarification on what can be considered a front or side of the property.

Commissioner Hodge raised concerns about how the city is defining the solar panels and set -back requirements , and how they relate to each other.

Commissioner Hodge mentioned that we need to have a clear di fferentiation between solar panel projects and carports in the city as they affect the quality of life issues in the City.

Principal Planner Claudia Pedroso stated that there needs to be a differentiation between the solar panel components and carport components of projects and that the setback requirement is for carports, not solar panels. She also stated that the state limits the city on the reasons why a photovoltaic project could be denied.

Commissioner Hodge observed that this was a solar panel projec t that happened to be in parking lots. Parking lots are the most reasonable and best open place to build these solar panels. They happen to serve an additional purpose of providing shade for the cars.

Commissioner Hodge requested that the staff do further research in determining what the city can and cannot do in regard to these kinds of projects, in order to avoid problems in the future. Principal Planner Claudia Pedroso agreed to conduct further research regarding the rules and regulations and return to the Commission on a later date to present its findings.

City Attorney David Caceres stated that since that the subject matter was limited in this meeting, staff can return to the Planning Commission at a future meeting after evaluating state laws in regards to solar panels.

Commissioner Gray stated her concerns regarding how the city defines the above ground utilities and solar panel projects and requested further clarification.

Chairperson Tolson stated that they will be coming back to the commission for further discussion in regards to solar panel projects.

Commissioner Hodge observed that the staff have made it clear that they do not consider solar panel projects as above- ground utilities. Commissioner Hodge 14 31
Planning Commission Meeting
Mobile Home Rent Mediation Board
Tree Advisory Board Minutes – Page 5 June 22, 2022

reiterated his concern regarding quality of life issues as these projects move forward. Commissioner Hodge wanted clarification on what the city can and cannot do as when it comes to state laws etc.

12. ORAL COMMUNICATIONS AND REPORTS
A. STAFF
Deputy Environmental Services Director/City Planner Sean Gibson informed the Commission that the next meeting of the Planning Commission would take place on August 3, 2022.

B. PLANNING COMMISSION – None
C. MOBILE HOME RENT MEDIATION BOARD – None
D. TREE ADVISORY BOARD – None

13. ADJOURNMENT
The regular meeting of the Planning Commiss ion of the City of Simi Valley was adjourned at 7:15 p.m. The next scheduled Planning Commission meeting is on August 3, 2022.

Minutes prepared by:

Kazim Jafri
15 32
EXHIBIT 2

PLANNING COMMISSION PACKETS
JUNE 22, 2022 AND SEPTEMBER 8, 2021
Z-S-2021-0004
33 ZS20210004 PC Staff Report Cont.(sy)

CITY OF SIMI VALLEY

MEMORANDUM
June 22
, 2022
TO: P
lanning Commission
FR
OM: Sean Gibson, Deputy Environmental Services Director/City Planner SUBJ
ECT: A CONTINUED PUBLIC HEARING TO CONSIDER RECOMMENDING TO

THE CITY COUNCIL CITY -INITIATED SIMI VALLEY MUNICIPAL CODE TEXT AMENDMENT (Z-S-2021-0004), TO REVISE PORTIONS OF TITLE 9 TO PROVIDE PROCEDURES FOR VOLUNTARY LOT MERGERS, AND

A DETERMINATION THAT THE AMENDMENT IS EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT

RECOMMENDATION
It
is recommended that the Planning Commission recommend to the City Council to approve Z-S-2021-0004, which proposes to revise portions of Title 9 of the Simi Valley Municipal Code (“SVMC”) to provide procedures for Voluntary Lot Mergers (“Voluntary Mergers”), and to determine that the amendment is exempt from the California Environmental Quality Act.

BACKGROUND AND OVERVIEW
On S
eptember 8, 2021, the Planning Commission heard testimony regarding a proposed text amendment to the Simi Valley Municipal Code, to allow property owners to submit applications for Voluntary Mergers and introduce processes and documentation required in order to allow such voluntary mergers. The Planning Commission Staff Report dated September 8, 2021, is included as Exhibit 1, and the Planning Commission Minutes for September 8, 2021, are included as Exhibit 2. At the hearing, the Planning Commission expressed concerns regarding the text amendment language and continued the hearing to a date uncertain to allow time for Staff to address the following:

1. Cl
arify the current process used when lots are merged voluntarily;

2. Pot
ential effects of voluntary mergers to properties with different General Plan and/or zoning designations and densities; and

3. Clar
ify the process for changing General Plan and/or Zoning designations if lots are voluntarily merged.

1. City’s Current Process for Merging Lots
The S
imi Valley Municipal Code (SVMC) Section 9-60 -- Applicability and Administration of Subdivision Regulations -- establishes requirements related to the division of properties AGENDA ITEM NO.

10.A.1
34 2
ZS20210004 PC Staff Report Cont.(sy)
in the City of Simi Valley, which are based on the Subdivision Map Act (Government Code Section 66410.10 thru 66499.38). Within the City of Simi Valley, property boundary applications are processed by the Public Works Department and are approved by the City Engineer. Typical map procedures include processing subdivision maps, lot mergers, lot line adjustments, lot ties, and reversion to acreage.

Lot
mergers occur when two or more parcels are combined into a single legal parcel.

Absent of having specific procedures within the SVMC, voluntary lot mergers are being processed via a lot line adjustment ( realignment of boundary lines between existing parcels) and, if approved, a Certificate of Compliance is given. It should be noted that the purpose of the proposed Text Amendment is to codify ministerial procedures to review and approve Voluntary Mergers. Exhibit 3 includes the proposed Voluntary Merger Submittal Checklist that would be used to process these requests.

2. Lots with different General Plan and/or Zoning Designations At th
e public hearing on September 8, 2021, the Planning Commission expressed concerns about merging lots with either different General Plan and/or Zoning designations, and how they would affect the density of subject properties, once they are merged.

When
lots with different zoning districts are merged, the new combined lot would be zoned to match the more restrictive zoning designation. SVMC Section 9-20.030.B.2 states, “If a zoning district boundary divides or splits a parcel, the entire parcel shall be deemed to be included within the zoning district that is the most restrictive, unless the parcel is subdivided to allow for development under the appropriate zoning district for each parcel.” In other words, the merged parcels would be zoned to match the more restrictive use. For example, if two lots are merged, one being RMod (Residential Moderate, 5.1-10 units per acre), and the other lot is RM (Residential Medium, 3.6 -5 units per acre), the merged lot would be designated as RM, which is the most restrictive zoning designation. Therefore, a voluntary lot merger would not increase the allowed density. The same would apply to General Plan designations, if the lots have a different General Plan designation, the merged lot would be assigned the most restrictive use and would be subject to minimum lot size restrictions . Lot mergers allow for a more developable project, especially for small and odd-shaped lots.

It
should be noted that if lots have the higher density zoning designations, such as RH (Residential High, 10.1-20 units per acre), RVH (Residential Very High, 20.1-35 units per acre), merging the properties could potentially allow for additional units being built due to a better developable site. However, the density for the merged lots would not exceed the allowed density of the more restrictive zoning designation and would be subject to the density and minimum lot size restrictions.

Fi
gure 1 on the following page shows an example where a 0.26 acre site, located at 1857 Patricia Avenue, is zoned RH (10.1 -20 units per acre) and a 0.681 acre site, located at 1851 Patricia Avenue, is zoned RVH (20.1- 35 units per acre). Independently , 1857 Patricia Avenue could potentially have 5 multi -family units, while 1851 Patricia Avenue could have 23 multi -family units, for a total of 28 units between both properties , based only on the maximum densities allowed under each zoning. However, the configuration of the lots may not support the maximum density on each site, due to required setbacks, parking, etc.
35 3
ZS20210004 PC Staff Report Cont.(sy)

In the event these two properties were merged via a Voluntary Merger, the project site would become 0.941 acres with a zone of RH, which is the more restrictive zoning of the two zoning designations. Based on acreage and allowed densities , not accounting for setbacks, parking requirements, etc., the project site could accommodate up to 18 multi- family units. With the new configuration of the merged lots, the number of allowed units would be less than the amount allowed prior to merging the lots, but would provide a more developable site.

Figure 1: RVH/RH Example

3. Changes to the General Plan and/or Zoning Designations when Merging Lots.

If the lots to be merged have different General Plan and/or Zoning designations, and the intent is to change those to either meet the higher density or propose a new density, a Voluntary Merger procedure could not be used. Such a request would require either a Parcel Map or Tentative Tract Map to accompany the requested Zone Change or General Plan Amendment. This type of request would not be a ministerial process , and would require Planning Commission and City Council approval. Voluntary M ergers are a ministerial process and could only be used if the merged lots are either the same zoning, or changed to the more restrictive zone or General Plan designation.

An example for this type of situation is the Ralston project (GPA-106, Z-S-748, TT 6031 and PD-S-1071), which included a General Plan Amend ment, to change the land- use designation, and a Zone Change, to change a portion of the site to allow for the construction of six Single Family Dwellings, as shown on the following page:

ERRINGER ROAD
36 37

5 ZS20210004 PC Staff Report Cont.(sy)

PLANNING COMMISSION PUBLIC HEARING PROCEDURE

HEARING DATE: June 22, 2022

Z-S-2021-0004

1. CHAIRMAN: a) This is the time and place set for a continued public hearing on the consideration of Z-S-2021-0004, to amend portions of Title 9 of the Simi Valley Municipal Code
related to Voluntary Mergers; and the determination that the Amendment is exempt from the California
Environmental Quality Act.

b) Are there any ex parte communications to report?

c) May we have an oral report on this matter by staff?

2. STAFF: (Report)

3. ANY
COMMISSIONER: (Questions of staff)

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

5. CHAIRMAN: Is there anyone in the Chamber wishing to be heard on this matter?

6. AUDIENCE: (Comments)

7. CHAIRMAN: a) Are there any comments from staff regarding statements made during the public hearing? (Check with Deputy Environmental Services Director/City Planner, and staff members in the audience.)

b) If there are no further questions, we will close the public testimony portion of the hearing.

c) Are there any comments or questions from members
of the Planning Commission?

8. ANY
COMMISSIONER: (Comments)

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

10. RECORDING
SECRETARY: (Reads Number and Title of Resolution)

38 6
ZS20210004 PC Staff Report Cont.(sy)

11. CHAIRMAN: The Chair will now entertain a motion.

12. ANY
COMMISSIONER: I move to adopt a resolution recommend ing to the City Council approval of Z-S-2021-0004, and the determination that the Amendment is exempt from the California
Environmental Quality Act.

I move to recommend denial of Z-S-2021-0004.

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

14. CHAIRMAN: May I have a Second?

15. ANY
COMMISSIONER: I second the motion.

16. CHAIRMAN: Call for the vote.

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

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

19. ANY
COMMISSIONER: I move to continue the matter to the meeting of ___.

20. ANY
COMMISSIONER: I move to continue the matter to a date uncertain.

21. CHAIRMAN: Proceed to the next item.

39 7
ZS20210004 PC Staff Report Cont.(sy)
RESOLUTION NO. SVPC 08-2022

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF SIMI VALLEY RECOMMENDING TO THE

CITY COUNCIL APPROVAL OF DEVELOPMENT CODE
AMENDMENT Z-S-2021-0004 AMENDING TITLE 9 OF SIMI

VALLEY MUNICIPAL CODE TO PROVIDE PROCEDURES

FOR VOLUNTARY MERGERS, AND A DETE RMINATION

THAT THE AMENDMENT IS EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT

WHEREAS, the City of Simi Valley Municipal Code Section 9-63 .040, establishes that parcels may be merged upon the initiation of the City, in compliance with Subdivision Map Act (Government Code Section 66451.10, et seq.) Chapter 3, Article

1.5, which also allows jurisdictions to establish procedures for the processing of voluntary mergers; and

WHEREAS, this ordinance proposes procedures for Voluntary Mergers, to be consistent with the Subdivision Map Act, allowing property owners to initiate Voluntary Mergers; and

WHEREAS, the proposed amendment to the Simi Valley Municipal Code will support the objectives and policies of the Land Use Element of the Simi Valley General Plan; and

WHEREAS, on September 8, 2021, the Planning Commission held a Public Hearing to consider the amendment and continued the item to a date uncertain to allow Staff to address the Planning Commission’s comments regarding the Text Amendment; and

WHEREAS, on June 22, 2022, the Planning Commission held a Continued Public Hearing to consider the amendment; and

WHEREAS, the proposed amendment is exempt from review under the California Environmental Quality Act (CEQA ) because it is covered by the C ommon Sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. (See California Public Resources Code Section 2100, et seq.; CEQA regulations, Title 14, California Code of Regulations Section 15000, et seq.)

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

SECTION 1. The findings for approval for Z-S-2021-0004, contained in the Planning Commission staff report dated June 22 , 2022, and incorpor ated herein by reference, are hereby recommended to the City Council for approval.

40 RES. NO. SVPC 08-2022
8 ZS20210004 PC Staff Report Cont.(sy)
SECTION 2. The Development Code Amendment Z-S- 2021-0004, amends portions of Title 9 of the Simi Valley Municipal Code, Chapter 9-60, Table 6-1; Sections 9-63.010 and 9-80.020; and adds Section 9-63.045, and are attached hereto in Exhibit A, are hereby recommended to the City Council for approval.

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 22nd day of June 2022.

Attest:

_________________________________ ______________________________ Stephanie Yates John Tolson, Chairperson
Recording Secretary Planning Commission

Approved as to Form: Approved as to Content:

_________________________________ ______________________________ Tayo Popoola Sean Gibson
Assistant City Attorney Deputy Environmental Services Director/ City Planner

41 RES. NO. SVPC 08-2022
9 ZS20210004 PC Staff Report Cont.(sy)

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 June 22, 2022 by the following vote:

AYES:

NAYS:

ABSTAIN:

ABSENT:

ATTEST:

Stephanie Yates
Recording Secretary

42 RES. NO. SVPC 08-2022

EXHIBIT A
10 ZS20210004 PC Staff Report Cont.(sy)

Proposed Simi Valley Development Code Text Amendment Z-S-2021-0004

Part 1
Amend Chapter 9-60 – Applicability and Administration of Subdivision Regulations, Table 6-1 – Authority for Subdivision Decisions to include “Voluntary Mergers”, as follows:

TABLE 6-1 - AUTHORITY FOR SUBDIVISION DECISIONS
Type of Subdivision
Application or
Decision
Advisory
Agency
Role of Advisory Agency and Review Authority

43 RES. NO. SVPC 08-2022
11 ZS20210004 PC Staff Report Cont.(sy)
Part 2

Amend Section 9-63.010 of the SVMC - Purpose of Chapter as follows:

9-63.010 - Purpose of Chapter

Part 3
Add Section 9-63.045 for Voluntary Mergers to the SVMC as follows:

9-63.045 – Voluntary Mergers

A. Purpose; Concurrent Processing with Discretionary Projects

The purpose of this Section is to establish ministerial procedures for processing voluntary merger applications with regard to merg ing contiguous lots under common ownership into a single lot without reverting to acreage, as authorized by Government Code section 66499.20.3. In instances where a voluntary merger is requested in conjunction with a project involving an application for a C onditional Use Permit, Planned Development Permit, or other discretionary permits involving some or all of the property subject to the voluntary merger, the voluntary merger application shall be processed concurrently with the application for the discretionary permits, including for purposes of evaluating the project’s potential environmental effects.

B. Application

1. The acceptance of the application is necessary to abate the existing violation and unless it conforms to the requirements of this Chapter;

2. C ontains in a full, true, and correct form, the required information prescribed by the forms supplied by the Department of Public Works; and

3. Is accompanied by the appropriate fees.

C. Filing and Processing Requirements

1. The application for a Voluntary Merger shall be processed by the office of the City Engineer if all information and documents requested in the application , including each item listed below in Section 9-63.045.C.1.a. through C.1.g., shall 44 RES. NO. SVPC 08-2022
12 ZS20210004 PC Staff Report Cont.(sy)
be submitted and concurrently reviewed to the satisfaction of the Planning Division until deemed complete.

a. A deposit of the required fees pursuant to the City ’s Fee Schedul e to process and record a Certificate of Compliance for the voluntary merger.

e. Documentation, as required by the City Engineer , to establish that each of the lots that are subject to the voluntary merger are legal lots. The applicant is encouraged to consult with the City Engineer prior to submitting a voluntary merger application that involves illegally created lots to confirm compliance with Section 9-63.045.G paragraphs 1, 2, and 9.

f. L egal description and a map prepared by a person authorized to practice land surveying or land surveyor, of the new boundaries of the merged lot as adjusted by the voluntary merger. The sketch shall also include: (i) the boundaries of each of the existing lots at the time of application; and, (ii) a north arrow and the bearings and distances for the merged lot lines. A record of survey may be voluntarily submitted as a substitute for a map.

g. Draft certificate of voluntary merger (see Section 9- 63.045.K below) and deed(s) reflecting the adjusted property boundaries.

2. The voluntary merger application shall be processed ministerially without a public notice or hearing

D. City Engineer and Planning Division Review

45 RES. NO. SVPC 08-2022
13 ZS20210004 PC Staff Report Cont.(sy)

63.045.J of this Chapter.

E. Termination of Incomplete Application

An incomplete voluntary merger application may be terminated in the same manner for terminating an incomplete land use permit application as set forth in Section 9-

50.060.A.5, “Application deemed withdrawn”.

F. Designated Advisory Agency

The City Engineer or designee is the designated advisory agency for ministerial voluntary merger applications under this Article.

G. Standards for Approval

A Voluntary Merger that complies with the following standards shall be ministerially approved, subject to compliance with all other requirements of this Article:

3. The lots to be merged are contiguous to each other.

4. The lots to be merged are under the same ownership.

5. If there are any liens or deeds of trust, they shall encumber the entire merged lot. There cannot be any liens or deeds of trust encumbering only a portion of the merged lot.

46 RES. NO. SVPC 08-2022
14 ZS20210004 PC Staff Report Cont.(sy)

7. The Voluntary Merger will not alter the exterior boundary of the lots to be merged.

8. The City Engineer has approved the legal description as accurat ely representing the exterior boundaries of the resulting merged lot.

H. Conditional Approval

1. The only conditions the advisory agency may impose on the approval of a voluntary merger are those required:

a) C onform the merged lot to all objective standards and requirements of the General Plan, Zoning Ordinances and City of Simi Valley Improvement Standards and Specifications;

b) R equire the prepayment of real property taxes prior to the recordation of the voluntary merger; and

c) F acilitate the relocation of existing utilities, infrastructure, or easements.

3. A conditionally approved voluntary merger shall be deemed ready for recordation when the advisory agency determines that the conditions have been fulfilled and is in receipt of the following:

a. A n up-to-date preliminary title report;
47 RES. NO. SVPC 08-2022
15 ZS20210004 PC Staff Report Cont.(sy)

b. T he voluntary merger documents approved by the City Engineer (e.g., legal description and a map); and

c. A ll deeds prepared for recordation as approved by the City Engineer pursuant to Section 9-63.045.C.1.g of this Chapter.

I. Extension of Conditional Approval

J. Certificate of Voluntary Merger

The recordation of a C ertificate of Voluntary Merger and the deed(s) shall effectuate the voluntary merger of the separate lots into a single lot for the purposes of the Subdivision Map Act and this Chapter, and the lots shall thereafter be treated in all respects as a single lot. The C ertificate of Voluntary Merger shall constitute a Certificate of Compliance for the merged lot.

K. Certificate of Voluntary Merger Requirements

A Certificate of Voluntary Merger shall include all the following:

48 RES. NO. SVPC 08-2022
16 ZS20210004 PC Staff Report Cont.(sy)
b. The legal description of the merged lot approved by the City Engineer shall be attached to the Certificate of Voluntary Merger.

Pa
rt 4
Am
end Section 9-80.020 – Definitions of Specialized Terms and Phrases of the SVMC as follows:
9-80.0
20 - Definitions of Specialized Terms and Phrases
M. De
finitions, “M”
Merger–The joining of two or more contiguous parcels of land under one ownership into one parcel.

V. De
finitions, “V”
Voluntary Merger–The merger of two or more contiguous lots, initiated by the property owner, all of which are under the same ownership into one lot without reverting to acreage and in conformity with Section 9-63.045. 49 ATTACHMENT A
17 50
TH

IS PAGE WAS INTENTIONALLY LEFT BLANK
51 EXHIBIT 1
Planning Commission
Staff Report
09-08-21
52 TH

IS PAGE WAS INTENTIONALLY LEFT BLANK
53 CI TY OF SIMI VALLEY

MEMORANDUM
Sept
ember 8, 2021
TO: P
lanning Commission
FR
OM: Department of Environmental Services
SUBJ
ECT: A PUBLIC HEARING OF THE CITY OF SIMI VALLEY TO CONSIDER

RECOMMENDING TO THE CITY COUNCIL CITY -INITIATED SIMI
VALLEY MUNICIPAL CODE TEXT AMENDMENT (Z -S-2021-0004), TO REVISE PORTIONS OF TITLE 9 TO PROVIDE PROCEDURES FOR

VOLUNTARY MERGERS, AND A DETERMINATION THAT THE

PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT

STAFF RECOMMENDATION
It
is recommended that the Planning Commission recommend to the City C ouncil approval of Z-S-2021-0004 to revise portions of Title 9 of the Simi Valley Municipal Code (“SVMC”) to provide procedures for Voluntary Mergers, and a determination that the project is exempt from the California Environmental Quality Act.

BACKGROUND AND OVERVIEW
The Applicability and Administration of Subdivision Regulations of the Simi Valley Municipal Code (SVMC) Section 9-60, establishes requirements related to the division of properties in the City of Simi Valley. The aforementioned Subdivision Regulations are based on the Subdivision Map Act (Government Code Section 66410.10 – 66499.38), which establishes the requirements for changes to property boundaries, including maps.

Within the City of Simi Valley, property boundary applications are processed by the Public Works Department and are approved by the City Engineer . Typical map procedures include processing subdivision maps, lot mergers, lot line adjustments, and reversion to acreage.

Lot
mergers occur when two or more parcels are combined into a single legal parcel. The City's existing process to merge parcels follows the procedures for a lot line adjustment (realignment of boundary lines between existing parcels) and a Certificate of Compliance is given if approved. Under the current Development Code, lot mergers can only be initiated by the City and there is not a process in place to allow property owners to apply for a voluntary merger. For example, a voluntary merger facilitates property owners to merge more than two lots that are under same ownership, for purposes of allowing the property owner to further develop their property by meeting setbacks or density requirements. The proposed code text amendment will allow a ministerial process, unless it is concurrently processed with other development applications.

AGENDA ITEM
NO. 11.A.1
EXHIBIT 1
54 2
Z-S-2021-0004 PC Staff Report(wl)

ANALYSIS
Current Municipal Code Standards
Under current Subdivision Ordinance Section 9-63.040, parcels may be merged upon the initiation of the City, in compliance with Map Act Chapter 3, Article 1.5; however, a voluntary merger by a property owner is not specifically allowed. The proposed ordinance includes an entirely new article on voluntary mergers to identify and clarify the standards for processing voluntary merger applications by property owners, including the specific documentation necessary to file a voluntary merger.

Lot mergers occur when two or more parcels are combined into a single legal parcel. The City's existing process to merge parcels follows the procedures for a lot line adjustment.

A lot line adjustment is a realignment of boundary lines between existing parcels, whereby land from one parcel is added to an adjacent parcel and the realignment results in an equal number or fewer parcels than previously existed. Pursuant to SVMC Section 9 -

63.020 and Section 66412(d) of the Subdivision Map Act, a city can approve a lot line adjustment of four or fewer adjoining parcels without a tentative map, parcel map, or final map. The process is often used to alter the boundaries between or reconfigure the shapes of existing parcels, but it is also common to use this process to combine up to four adjacent parcels into a single parcel (i.e., a lot merger). Under the current Development Code, voluntary mergers by a property owner are not allowed.

Map processes that involve two or more parcels include two options through which a lot merger may occur: (1) filing a final map or parcel map, which has the effect of creating a new subdivision, pursuant to Section 66499.20.2 of the Subdivision Map Act; or (2) adopting a voluntary merger ordinance, pursuant to Section 66499.20.3 which states that a "city or county may, by ordinance, authorize the merger of contiguous p arcels under common ownership without reverting to acreage. The ordinance shall require the recordation of an instrument evidencing the merger."
Mergers are ministerial actions that reconfigure, adjust, or eliminate internal property lines between existing legal lots and do not create a greater number of lots than originally existed. Neither the Map Act nor the current Subdivision Ordinance require the processing of a subdivision map for these actions.

Proposed Municipal Code Amendments
The proposed ordinance will allow property owners to submit applications for voluntary lot mergers and introduce processes and documentation required in order to allow the voluntary lot merger. One substantive change to the current ordinance will now allow a previously legal lot that was illegally subdivided to be merged back into the original configuration that existed prior to the illegal subdivision. The proposed ordinance also removes the appeal period for voluntary mergers as they are ministerial voluntary actions that reduce development potential and are typically requested by a single property owner or involve cooperating adjacent property owners. Prior to the recordation of the voluntary merger, any party involved can withdraw the request or not proceed with the recordation of the deeds that effectuate the voluntary merger.
55 3
Z-S-2021-0004 PC Staff Report(wl)
The review authority for V oluntary Merger applications will fall under the Planning Division, as appointed by the Environmental Services Director, but the decision making authority lies with the City Engineer. SVMC Section 9-60.50 Advisory Agency, Table 6-1 “Authority for Subdivision Decisions” would have to be modified as follows:

TABLE 6-1 - AUTHORITY FOR SUBDIVISION DECISIONS
Type of
Subdivision
Application or
Decision
Advisory
Agency
Role of Advisory Agency and Review Authority

Planning
Director
City
Engineer
Planning
Commission
City Council
Certificate of
Compliance
City
Engineer
Recommend Decision Appeal Appeal
Conditional
Certificate of
Compliance
City
Engineer
Recommend Decision Appeal Appeal
Final Map Council(2) Recommend Approve/
Recommend
Decision
Lot Line
Adjustment
City
Engineer
Recommend Decision Appeal Appeal
Merger and
Unmerger
Council Recommend Recommend Decision
Voluntary
Mergers
City
Engineer
Recommend Decision Appeal Appeal
Parcel Map with
Subdivision
Agreement
Council Recommend Approve/
Recommend
Decision
Parcel Map
without
Subdivision
Agreement
City
Engineer
Recommend Decision Appeal Appeal
Reversion to
Acreage
Council Recommend Recommend Decision
Tentative Parcel
Map
Director Decision Recommend Appeal Appeal
Tentative Tract
Map
Commission Recommend Recommend Decision(3) Appeal
Vesting Tentative
Map
Council Recommend Recommend Recommend Decision
Waiver of Parcel
Map
Director Decision Recommend Appeal Appeal

Section 9- 63.010 will be amended to include voluntary mergers. In addition , a new Section 9-63.045 “Voluntary Mergers” will be added and will establish the procedures, processes and applications required in order to process a voluntary merger initiated by the property owner instead of the City.

56 4
Z-S-2021-0004 PC Staff Report(wl)
The proposed code amendment will provide requirements for Voluntary M ergers as set forth by the City Engineer, and must also conform to current Building & Safety Codes and Zoning Ordinance requirements. The ordina nce additionally provides that the merger shall not affect any fees, grants, easements, agreements, conditions, dedications, offers to dedicate, or security provided in connection with any subdivision approvals ; that all parties having record title to the affected property have given their consent; and that the document used to e ffect the merger contains an accurate des cription of the resulting parcel. The proposed amendment would create an administrative procedure intended to allow the processing of a Voluntary Merger ministerially. The Environmental Services Director and the City Engineer would review the application for compliance with the standards set forth in the proposed Ordinance (Exhibit A).

The City Engineer will have the discretion to impose Conditions of Approval as necessary and issue a Certificate of Compliance pursuant to SVMC Section 9- 63.020, as a Certificate of Voluntary Merger, pursuant to SVMC Section 9-63.0450.

FINDINGS

The proposed text amendment to Title 9 of the Simi Valley Municipal Code meets the findings as set forth on Section 9-73.070:

A. Development Code Text Amendment Finding (SVMC Section 9- 73.070: The amendment is consistent with the General Plan, in compliance with State Law (Government Code Section 65860), in that t he proposed code text amendment for procedures to allow voluntary mergers is compatible with the following General Plan Policy:

Land Use Policy LU-8.5: Encourage use of redevelopment tools such as the consolidation of small parcels, joint public -private partnerships, and land clearance and resale, to facilitate revitalization of underused and obsolete commercial and industrial properties. The proposed code amendment will allow homeowners and developers to merge adj oining properties to encourage site redevelopment; therefore the proposed code amendment is consistent with this finding.

B. Development Code Text Amendment Finding (SVMC Section 9-73.070: The City has considered the effect of this amendment on the housing needs of the region and has balanced these needs against the public service needs of its residence and against available fiscal and environmental resources, in compliance with State law (Government Code Section 65863.6), in that the proposed amendments to establish procedures to allow voluntary mergers will not affect the housing needs of the region and no other housing codes are being changed. Therefore, the proposed code amendment complies with this finding.

57 5
Z-S-2021-0004 PC Staff Report(wl)

C. Development Code Text Amendment Finding (SVM C Section 9 -73.070): The amendment by its terms limits the number of housing units which may be constructed on an annual basis, the applicable review authority shall make additional findings which explain and justify how the public health, safety, and welfare of the City are to be promoted by the amendment which reduces the housing opportunities of the region, in compliance with State law (Government Code Section 65863.6) in that the proposed amendment to establish procedures for voluntary mergers does not limit the number of housing units which may be built on an annual basis. Therefore the proposed code amendment complies with this finding.

ENVIRONMENTAL REVIEW AND CEQA REQUIREMENTS

The proposed ordinance is exempt from review under the California Env ironmental 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 Section 15061(b)(3) which states that: “ A project is exempt from CEQA i f the activity is covered by the common sense exemption that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environmen t, the activity is not subject to CEQA”. The proposed amendments to the SVMC provide minor modifications or clarifications to existing regulations pertaining to subdivisions and lot mergers, making them consistent with State Code. Pursuant to Public Resources Code Section 21080, the adoption of an ordinance to implement Section 66412(d) and 66499.20.3 of the Subdivision Map Act , is exempt from CEQA. A copy of the Notice of Exemption is provided as Attachment A. Ministerial approval of voluntary lot merger applications would not be a project for the purpose of CEQA.

Attachments
Page

Planning Commission Procedure .....................................................................................6 Resolution… ..................................................................................................................... 8 Exhibit A of Resolution – Proposed Text Amendments........................................ 11 Attachment A: Notice of Exemption………………………………………….……………….18

58 6
Z-S-2021-0004 PC Staff Report(wl)

PLANNING COMMISSION PUBLIC HEARING PROCEDURE

HEARING DATE: September 8, 2021

Z-S-2021-0004

1. CHAIRMAN: a) This is the time and place set for a public hearing on the consideration of Z-S-2021-0004, to amend portions of Title 9 of the Simi Valley Municipal related to V oluntary Mergers; and the determination that the Amendment is
exempt from the California Environmental Quality Act.

b) Are there any ex parte communications to report?

c) May we have an oral report on this matter by staff?

2. STAFF
: (Report)

3. ANY

COMMISSIONER
: (Questions of staff)

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

4. CHAIRMAN: Is there anyone in the Chamber wishing to be heard on this matter? Did we receive any requests for members of the public 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.

5. AUDIENCE: (Comments)

6. CHAIRMAN: a) Are there any comments from staff regarding statements made during the public hearing? (Check with Deputy Environmental Services Director/City Planner, City Engineer, and staff members in the audience.)

c) If there are no further questions, we will close the public testimony portion of the hearing.

d) Are there any comments or questions from members
of the Planning Commission?

7. ANY

COMMISSIONER
: (Comments)

8. CHAIRMAN
: May I please have a reading of the Resolution?
59 7
Z-S-2021-0004 PC Staff Report(wl)

9. RECORDING
SECRETARY: (Reads Number and Title of Resolution)

10. CHAIRMAN
: The Chair will now entertain a motion.

11. ANY

COMMISSIONER
: I move to adopt a resolution recommending approval of Z-S-2021-0004, and the determination that the
Amendments is exempt from the California
Environmental Quality Act.

I move to recommend denial of the Amendment.

[Staff will prepare the resolution for the Planning Commission to ratify at the next meeting.]

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

13. CHAIRMAN
: May I have a Second?

14. ANY

COMMISSIONER
: I second the motion.

15. CHAIRMAN: Call for the vote.

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

17. CHAIRMAN
: There is no Appeal period for the Zoning Text
Amendment and the items will proceed to the City
Council with the Planning Commission’s
recommendation.

18. ANY

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

19. ANY

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

20. CHAIRMAN
: Proceed to the next item.
60 RES. NO. SVPC 10-2021

8 Z-S-2021-0004 PC Staff Report(wl)

RESOLUTION NO. SVPC 10-2021

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF SIMI VALLEY RECOMMENDING TO THE

CITY COUNCIL APPROVAL OF DEVELOPMENT CODE
AMENDMENT Z-S-2021-0004 AMENDING TITLE 9 OF SIMI

VALLEY MUNICIPAL CODE TO PROVIDE PROCEDURES

FOR VOLUNTARY MERGERS, AND A DETERMINATION

THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA)

WHEREAS, the Simi Valley Municipal Code Section 9-63.040, establishes that parcels may be merged upon the initiation of the City, in compliance with Subdivision Map Act (Government Code Section 66451 .10) Chapter 3, Article 1.5, the Subdivision Map Act also allows jurisdictions to establish procedures for the processing of voluntar y mergers; and

WHEREAS, this ordinance proposes procedures for Voluntary Mergers, to be consistent with the Subdivision Map Act, allowing property owners to initiate Voluntary Mergers; and

WHEREAS, the proposed amendment s to the Simi Valley Development Code will support the objectives and policies of the Land Use Element of the Simi Valley General Plan; and

WHEREAS, the proposed amendments are exempt from review under the California Environmental Quality Act (CEQA; California Public Resources Code Sect ion 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)).

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

SECTION 1
. The findings for approval for Z-S-2021-0004, contained in the Planning Commission staff report dated September 8, 2021, and incorporated herein by reference, are hereby recommended to the City Council for approval.

SECTION 2
. Z-S- 2021-0004, which amends Title 9 of the Simi Valley Municipal Code, specified in Exhibit A amends SVMC Chapter 9-60, Section 9-60.050, Table 6-1; Sections 9-63.010, 9-63.0450, and 9-80.020, attached hereto and incorporated herein by reference, are hereby recommended to the City Council for approval.

61 RES. NO. SVPC 10-2021

Z-S-2021-0004 PC Staff Report(wl)
9 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 8
th day of September, 2021.

Attest:

____________________ ______________________
Whitney Luxenberger Allan C. Mann, Chairperson
Office Specialist II Planning Commission

Approved as to Form: Approved as to Content:

____________________ ____________________
Dion O’Connell Sean Gibson
Assistant City Attorney Deputy Environmental Services
Director/City Planner

62 RES. NO. SVPC 10-2021

Z-S-2021-0004 PC Staff Report(wl)
10 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 September 8, 2021, by the following vote:

AYES:

NAYS:

ABSTAIN:

ABSENT:

ATTEST:

___________________
Whitney Luxenberger
Office Specialist II

63 RES. NO. SVPC 10-2021

11 Z-S-2021-0004 PC Staff Report(wl)

EXHIBIT A

Proposed Simi Valley Development Code Text Amendment Z-S-2021-0004

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
Amend Chapter 9-60 – Applicability and Administration of Subdivision Regulations, Table 6-1 – Authority for Subdivision Decisions to include “voluntary mergers”, as follows:

TABLE 6-1 - AUTHORITY FOR SUBDIVISION DECISIONS
Type of
Subdivision
Application or
Decision
Advisory
Agency
Role of Advisory Agency and Review Authority

Planning
Director
City
Engineer
Planning
Commission
City Council
Certificate of
Compliance
City
Engineer
Recommend Decision Appeal Appeal
Conditional
Certificate of
Compliance
City
Engineer
Recommend Decision Appeal Appeal
Final Map Council(2) Recommend Approve/
Recommend
Decision
Lot Line
Adjustment
City
Engineer
Recommend Decision Appeal Appeal
Merger and
Unmerger
Council Recommend Recommend Decision
Voluntary
Mergers
City
Engineer
Recommend Decision Appeal Appeal
Parcel Map
with
Subdivision
Agreement
Council(2) Recommend Approve/
Recommend
Decision
Parcel Map
without
Subdivision
Agreement
City
Engineer
Recommend Decision Appeal Appeal
Reversion to
Acreage
Council Recommend Recommend Decision
Tentative
Parcel Map
Director Decision Recommend Appeal Appeal
Tentative
Tract Map
Commission Recommend Recommend Decision(3) Appeal
Vesting
Tentative Map
Council Recommend Recommend Recommend Decision
Waiver of
Parcel Map
Director Decision Recommend Appeal Appeal

64 RES. NO. SVPC 10-2021
Z-S-2021-0004 PC Staff Report(wl)
12 Part 2

Amend Section 9-63.010 of the SVMC - Purpose of Chapter as follows:

9-63.010 - Purpose of Chapter

This Article establishes requirements for the filing, processing and approval or disapproval of applications for Certificates of Compliance, Lot Line Adjustments, Parcel Mergers, Voluntary Mergers
, and Reversions to Acreage.

Part 3
Add Section 9-63.0450 for Voluntary Mergers to the SVMC as follows:

9-63.0450 – Voluntary Mergers

A. Purpose; Concurrent Processing with Discretionary Projects

The purpose of this Article is to establish ministerial procedures for processing voluntary merger applications to merge contiguous lots under common ownership into a single lot without reverting to acreage as authorized by Government Code section 66499.20.3. In instances where a voluntary merger is requested in conjunction with a project involving an application for a Conditional Use Permit, Planned Development Permit or other discretionary City land use approval involving some or all of the property subject to the voluntary merger, the voluntary merger application shall be processed concurrently with the application for the discretionary land use approval, including for purposes of evaluating the project’s potential environmental effects.

B. Application

Applications for the approval of a voluntary merger shall be filed with the office of the City Engineer. The application shall contain in a full, true, and correct form the required information prescribed by the forms supplied by the Department of Public Works, and shall be accompanied by the appropriate fees. No application shall be accepted for filing and processing if a violation of the SVMC or this Chapter exists on the subject lot(s) unless the acceptance of the application is necessary to abate the existing violation and unless it conforms to the requirements of this Chapter.

C. Filing and Processing Requirements

1. The application for a voluntary merger shall be processed by the office of the City Engineer. I f all information and documents requested in the application and each item listed below in Section 9- 63.045.C.1.a. through C.1.g. is submitted to the satisfaction of the Planning Division, it may be deemed complete. The application shall include:

65 RES. NO. SVPC 10-2021
Z-S-2021-0004 PC Staff Report(wl)
13 a. A deposit of the required fees pursuant to the City Council -adopted Fee Schedule to process and record a Certificate of Compliance for the voluntary merger.

e. Documentation as required by the City Engineer to establish that each of the lots that are subject to the voluntary merger are legal lots. The applicant is encouraged to consult with the City Engineer prior to submitting a voluntary merger application that involves illegally created lots to confirm compliance with Section 9-63.045.G paragraphs 1, 2, and 9.

g. Draft certificate of voluntary merger (see Section 9- 63.045.K below) and deed(s) reflecting the adjusted property boundaries.

2. The voluntary merger application shall be processed ministerially without a public notice or hearing

D. City Engineer and Planning Division Review

66 RES. NO. SVPC 10-2021
Z-S-2021-0004 PC Staff Report(wl)
14 2. The City Engineer shall determine whether the documents required to effectuate the voluntary merger are technically correct, including the deeds, legal description, and map. When the City Engineer is satisfied that the documents to be recorded to complete the voluntary merger are technically correct, the City Engineer shall stamp and transmit the documents to the Planning Division for recordation with the Office of the County Recorder upon final approval of the application by the advisory agency pursuant to Section 9-

63.045.J of this Chapter.

E. Termination of Incomplete Application

An incomplete voluntary merger application may be terminated in the same manner for terminating an incomplete land use permit application as set forth in Section 9-

50.060.A.5, “Application deemed withdrawn”.

F. Designated Advisory Agency

The City Engineer or designee is the designated advisory agency for ministerial voluntary merger applications under this Article.

G. Standards for Approval

A voluntary merger that complies with the following standards shall be ministerially approved, subject to compliance with all other requirements of this Article:

3. The lots to be merged are contiguous to each other.

4. The lots to be merged are under the same ownership.

67 RES. NO. SVPC 10-2021
Z-S-2021-0004 PC Staff Report(wl)
15 5. If there are any liens or deeds of trust, they shall encumber the entire merged lot. There cannot be any liens or deeds of trust encumbering only a portion of the merged lot.

7. The voluntary merger will not alter the exterior boundary of the lots to be merged.

8. The City Engineer has approved the legal description as accurately representing the exterior boundaries of the resulting merged lot.

9. The voluntary merger will not render any existing conforming structures or existing conforming uses on any of the involved lots to become a nonconforming structure or use. Existing legal nonconforming structures or uses on any of the lots subject to the application are not grounds to deny the voluntary merger.

H. Conditional Approval

1. The only conditions the advisory agency may impose on the approval of a voluntary merger are those: to conform the merged lot to all objective standards and requirements of the General Plan, Zoning Ordinances and City of Simi Valley Improvement Standards and Specifications; to require the prepayment of real property taxes prior to the recordation of the voluntary merger; and, to facilitate the relocation of existing utilities, infrastructure, or easements.

An up-to-date preliminary title report;

b. The voluntary merger documents approved by the City Engineer (e.g., legal description and a map); and,
c. All deeds prepared for recordation as approved by the City Engineer pursuant to Section 9-63.045.C.1.g of this Chapter.

I. Extension of Conditional Approval

J. Certificate of Voluntary Merger

The recordation of a certificate of voluntary merger and the deed(s) shall effectuate the voluntary merger of the separate lots into a single lot for the purposes of the Subdivision Map Act and this Chapter, and the lots shall thereafter be treated in all respects as a single lot. The certificate of voluntary merger shall constitute a certificate of compliance for the merged lot.

K. Certificate of Voluntary Merger Requirements

A certificate of voluntary merger shall include all the following:

1. All parties having any record title interest in the merged lot shall execute the certificate of voluntary merger before a Notary Public and submit it to the City Engineer, excepting all those interests that are excepted pursuant to the provisions of Government Code Section 66436. The City Engineer shall also execute the certificate of voluntary merger, but the signature need not be notarized.

The legal description of the merged lot approved by the City Engineer shall be attached to the certificate of voluntary merger. The certificate of voluntary merger shall include an express written statement that the consolidation of the legal descriptions of the lots is intended by the owner(s) to merge those lots into a single lot as set forth in the legal description of the merged lot , which shall be either:

69 RES. NO. SVPC 10-2021
Z-S-2021-0004 PC Staff Report(wl)
17 a. The deed or deeds that comprise the ownership interests of each lot subject to the voluntary merger shall be attached to the certificate of voluntary merger; or,

The recorder number of each deed to each lot subject to the voluntary merger shall be referenced in the certificate of voluntary merger.

Part 4

Amend Section 9-80.020 – Definitions of Specialized Terms and Phrases of the SVMC as follows:

9-80.020 - Definitions of Specialized Terms and Phrases

M. Definitions, “M”
Merger
–The joining of two or more contiguous parcels of land under one ownership into one parcel.

70 NOTICE OF EXEMPTION
To: Ventura County Clerk
800 S. Victoria Avenue
Ventura, CA 93001
From: City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
Project Title: Z-S-2021-0004: City-initiated text amendments to revise portions of Title 9 of the Simi Valley Municipal Code relating to voluntary lot mergers.

Project Location - Specific: _C_it�y_w_ i _d _e ______________________ _ Project Location - City: Simi Valley -------�--- Project Location - County: Ventura Description of Project: The proposed text amendments would allow property owners of two or more contiguous parcels to apply for a Voluntary Merger without filing a Map. consistent with Section 66499.20.3 of the Subdivision Map Act. Filing for a Voluntary Merger would streamline the application process within the City of Simi Valley.

Name of Public Agency Approving Project: _C_it�y_o_f _S_i _m_i _V_a_ll_ey�------------ Date of Approval
Name of Person or Agency Carrying Out Project: _C_ i_ty�of_ S_im_i _V_a_l_le�y ___________ _ Exempt Status: (check one)
Ministerial [Sec. 21080(b)(1); 15268];
Declared Emergency [Sec. 21080(b)(3); 15269(a)];
Emergency Project [Sec. 21080(b)(4); 15269(b) (c)];
Categorical Exemption - State type and section number ------------ St at u tor y Exemptions - State code number -----------------x Common Sense Exemption [Sec. 15061 (b)(3)] Text of exemption and reasons why project is exempt:

Section 15061 (b)(3) states that: "A project is exempt from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA."
The proposed amendments to the Municipal Code would allow property owners of two or more contiguous parcels to apply for a Voluntary Merger without filing a Map, which would be consistent with State statutes. There would be no changes to the physical environment resulting from these amendments. Therefore, the project would not have a significant effect on the environment and is exempt from further review under CEQA.

Lead Agency
Contact Person: Caesar Hernandez
Signature: -=--------c-c---------c-- ---
Caesar Hernandez
X Signed by Lead Agency
Area Code/Telephone (805) 583-6869
Date: * 'l/2/ Title: _A_s_s_o_c_ia_t_e _P_la_n_n_e_r _____ _ Dept. of Environmental Services
18 ATTACHMENT A
71 EXHIBIT 2
Planning Commission
Meeting Minutes
09-08-21
72 THIS PAGE WAS INTENTIONALLY LEFT BLANK
73 MINUTES OF THE MEETING OF THE

PLANNING COM

MISSION

MOBILE HOME RENT MEDIATION BOARD

TREE ADVISORY BOARD
City Council Chamber September 8, 2021
2929 Tapo Canyon Road
Simi Valley, CA 93063

1. CALL TO ORDER
The regular meeting of the Planning Commission of the City of S imi Valley was called to order at 6:37 p.m.

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL

Present: Commissioners Hodge, Ric e and Gray; Vice Chairperson T olson; and Chairperson Mann

Absent: None

4. APPROVAL OF AGENDA
It was the consensus of the Commission to approve the agenda as submitted.

5. APPROVAL OF MINUTES – June 9, 2021
It was the consensus of the Commission to approve the minutes as submitted.

6. DECLARATION OF CONFLICT

7. PUBLIC STATEMENTS
Deputy Environmental Services Director/City Planner Sean Gibson referred to correspondence received from Al Bondy dated September 3, 2021, which was emailed to the Commission and placed on the dais.

8. CORRESPONDENCE – None
EXHIBIT 2
74 Planning Commission Meeting
Mobile Home Rent Mediation Board
Tree Advisory Board Minutes - Page 2 September 8, 2021

9. CONSENT CALENDAR – None

10. C
ONTINUED BUSINESS – None

11. NEW BUSINESS
A. PUBLIC HEARINGS

1. Z
-S-2021-0004, City of Simi Va lley: To consider recommendin g to the City Council City-initiated Simi Valley Municipal Text Code Amendment (Z-S-2021-0004), to revise portions of Title 9 to provide procedures for Voluntary Mergers, Citywide, and a determination that the project is exempt from t he California Environmental Quality Act
Location: Citywide
S t aff Contact: Caesar Hernandez
(805) 583-6869
There were no ex parte communications to report.

Deputy Environmental
Services Director/City Planner Sean Gibson gave a brief overview of the text amendment.

Associate Planner Caesar Hernandez gave a presentation of the staff report.

Deputy Public Works Director (Development Services) Brent Siemer answered questions regarding lot mergers, and gave some hypothetical examples of different types of voluntary mergers.

Chairperson Mann opened the public testimony portion of the hearing.

Speakers via Zoom:

There were no members of the public present via zoom.

Chairperson Mann closed the public testimony portion of the hearing.

Commission comments:

Commissioner Rice expressed concerns regarding the Municipal Te xt Code Amendment language could allow properties with different zoning to be combined and potentially increasing density in areas that would not be favorable.

Commissioner Rice stated that the language was not being specific enough.

Chairperson Mann echoed the same concerns.

Commissioner Gray cautioned against the language being too restrictive. 75 Planning Commission Meeting
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It was the consensus of the Commission to continue the matter to continue this matter to a
date uncertain.

COMMISSIONER HODGE MOVED THAT THE

PLANNING COMMISSION O F THE CITY OF SIMI

VALLEY CONTINUE SIMI VALLEY MUNICIPAL
TEXT CODE AMENDMENT Z-S-2021-004 TO
REVISE PORTIONS OF TITLE 9 TO PROVIDE

PROCEDURES FOR VOLUNTARY MERGERS,
CITYWIDE; AND A DETERMINATION THAT THE

PROJECT IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT TO A DATE

UNCERTAIN
Commissioner Rice seconded the motion.

AYES: Commissioners Hodge, Rice and Gray;
Vice Chairperson Tolson; and Chairperson
Mann
NAYS: None
ABSTAIN: None
ABSENT: None
B. OTHER – None

12. ORAL COMMUNICATIONS AND REPORTS
A. STAFF
Deputy Environmental Services Director/City Planner Sean Gibson advised the Commission that the September 22, 2021 meeting would most likely be canceled, and that a special meeting of the Planning Commission would be scheduled for September 29, 2021.

B. PLANNING COMMISSION – None
C. MOBILE HOME RENT MEDIATION BOARD – None
D. TREE ADVISORY BOARD – None
76 Planning Commission Meeting
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13. ADJOURNMENT
The regular
meeting of the Planning Commission of the City of Simi Valley w as adjourned at 7:35 p.m. The next scheduled Planning Commission meeting is on September 22, 2021.

Minutes prepared by:

Whitney Luxenberger
77 EXHIBIT 3
Voluntary Merger Checklist
78 THIS PAGE WAS INTENTIONALLY LEFT BLANK
79 DEPARTMENT OF PUBLIC WORKS/DEVELOPMENT

VOLUNTARY MERGER

SUBMITTAL CHECKLIST
1) ALL ITEMS ARE TO BE SUBMITTED ELECTRONICALLY:
a) All documents shall be submitted through the Customer Self Service website:
https://selfservice.simivalley.org
b) Provide the contact information for all entities involved with the application; applicant, civil engineer, geotechnical engineer, etc.
c) Attachments:
i) All attachment shall be PDF.
ii) Under PLANS, use “Public Works – Voluntary Merger.” iii) Use the appropriate category for the documents that you are submitting. iv) Use “Miscellaneous Documents” for submittals that do not fit the categories provided.
2) REQUIRED SUBMITTALS:
a) Certificate and Declaration of Voluntary Merger signed by all affected parties with record title interest, except easement holders.
b) Current (issued within three months) preliminary title report for each property affected by the proposed lot line adjustment.
c) Recorded deed or record of survey as verification that the parcels were lawfully created, if any existing parcel was not created by a tract or parcel map.

EXHIBIT 3
80 REQUIRED SUBMITTALS (CONT.)
d) Exhibit “A” Legal Description (for existing parcels as described below) e) Exhibit “B” Legal Description (for merged parcel as described below) f) Exhibit “C” Plat Map (described below)
(1) $50 Certificate of Exemption filing fee made payable to Ventura County Clerk (This must be mailed separately to the City, see address below) 3) FEES:
a) The Voluntary Merger review fees is $955.00.
b) Payment of fees: The application will be reviewed for completeness. Once that review is complete, the City will issue an invoice which can be paid as follows:
i) Online by credit card through the Customer Self Service website, or ii) By check mailed or delivered to:

Department of Public Works
City of Simi Valley
29296 Tapo Canyon Road
Simi Valley, CA 93063
Attn: City Engineer
SUBMITTALS WILL BE REVIEWED FOR COMPLETENESS. YOU WILL BE NOTIFIED FOR MISSING ITEMS AND THE PACKAGE WILL BE RETURNED. THE REVIEW PROCESS WILL NOT BEGIN UNTIL THE SUBMITTAL IS DEEMED COMPLETE. 81 VOLUNTARY MERGER PROCEDURE
I. GENERAL
A Voluntary Merger is a subdivision that creates one new lot out of two or more previously existing lots by eliminating the lot lines that separate such lots from each other.

Mergers which create one new lot out of two or more previously existing lots by eliminating all common lot lines which separate such lots from each other are eligible for map waiver provide d. If one or more of the previously existing lots are not legal lots, the City may impose whatever conditions for the map waiver as it could impose for a Conditional Certificate of Compliance issued pursuant to SVMC Section 9-63.020 with respect to such il legal lots, and may require satisfaction of all such conditions as a condition precedent to recordation of the map waiver approval form.

A. Ministerial – Where all existing lots are “Legal Lots,” pursuant to Section 9-22.020 of the City of Simi Valley Municipal Code and Section 66412 (d) of the Subdivision Map Act.

B. Discretionary – Where one or more existing lots involved in the voluntary merger is an illegal lot, pursuant to Section 9 -22.020 of the City of Simi Valley Municipal Code, Conditional Certificate of Compliance conditions may be applied.

Any lot or parcel created by Final Map or Parcel Map is a lawfully created parcel. The owners of affected parcels created between 1959 and 1966 may be required to apply and obtain a Certificate of Compliance or a Co nditional Certificate of Compliance before filing the proposed Voluntary Merger.

III. Certificate of Compliance
Upon completion of the review, the certificate of compliance for voluntary merger shall include a title sheet, legal descriptions, and a plat.

Certificate and Declaration of Voluntary Merger
All owners’ signatures shall be notarized. If the property is owned by a corporation, two signatures are required (typically the president or vice president and the secretary) unless documentation is recei ved from the corporation authorizing one signature. If the property is owned by a partnership, the signature of at least one partner is requested.

Exhibit “A” – Existing Legal Descriptions
A written legal description of the existing real property involve d in this Voluntary Merger.

Exhibit “B” –Legal Description of Merged Lot
A written legal description of the parcel of land resulting from this Voluntary Merger.

Exhibit “C” – Plat Map
An Exhibit plat depicting the parcel of land resulting from this Voluntary Merger described in Exhibit “B”. The map must be drawn in black ink (8 ½” x 11”) by a land 82 surveyor or civil engineer authorized to practice surveying. The City does not require a Record of Survey. However, if a survey is performed for the proposed Voluntary Merger, the surveyor must comply with Section 8762 of the Land Surveyor’s Act. The plat must be clear and readable and contain the following information (the City Surveyor may require additional information) (See attached Sample Exhibit “C”).  Map scale and north arrow
 Location of the lots to be merged in relation to existing streets and the dista nce to the nearest cross street.
 Street names (public or private) with dimensions
 Existing and proposed (merged) lot layout. Show bearings, distances, and radial lines. Use a heavy solid line for the merged exterior property boundary, and light dashed lines for existing property lines to be deleted.  Gross and net area in acres of each lot (existing and merged)  Statement of civil engineer or land surveyor that “I, ________________, hereby state that this plat was prepared under my direction and that the mathematical data shown herein is correct.” Provide license number next to signature block IV. ENVIRONMENTAL IMPACT ANALYSIS
A Voluntary Merger, in most cases, can be found to be categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as long as the area has an average slope of less than 20 percent, which does n ot result in any changes in land use or density [California Administrative Code Section 15305 (a)], and otherwise would not have a potential for a significant effect on the environment.

V. REVIEW
Applications will be scheduled for review in the order they are received. The first review will be thorough and every attempt will be made to mark all deficiencies. The applicant will be notified as soon as the review is complete and ready for pickup. The first check will take up to 4 weeks approximately.

The final submittal will be reviewed to verify that all corrections have been incorporated.

The City will then approve the Certificate of Compliance subject to receiving the signed and sealed Certificate and Declaration of Voluntary Merger page and exhibits.

VII. RECORDING
The applicant will be notified as soon as the City Engineer approves and signs the Voluntary Merger. The City will then arrange for the document to be delivered to the Office of the Ventura County Recorder for recordation.

Lot Line Adjustment Submittal Checklist.02.22.21
83 RECORDING REQUESTED |
BY AND WHEN RECORDED |
RETURN TO: |
|
|
|
|
<<Payor of Recording Fees>> |
<<Street Address>> |
<<City, State, Zip>>> |
| THIS SPACE RESERVED FOR RECORDER ONLY
______________________________________ |_________________(GOV.CODE27361.6)____________________ APN(S): ???-?-???-???, ???-?-???-???

CERTIFICATE AND DECLARATION OF VOLUNTARY MERGER
VM-20xx-xx
I (We), the undersigned, do hereby certify that I (we) am (are) the owners of, or have an interest in, the real property described as Exhibit “A” and that I (we) am (are) the only person(s) whose consent is necessary to pass clear title to said land.

I (We) do hereby merge the real property described in Exhibit “A” into 1 parcel, for the purposes of the California Subdivision Map Act and local ordinances enacted pursuant thereto, and the parcel shall hereafter be treated in all respects as a single parcel.

The exterior boundaries of the parcel of land resulting from this Voluntary Merger are described in Exhibit “B” and shown on Exhibit “C” attached hereto and incorporated herein. _____________________________ _____________________________ Signature Signature
____________________________ _____________________________ Name (Type or Print) Name (Type or Print)
_____________________________ _____________________________ Date Date
Notary - on following attached sheet(s)
84 Certificate of Merger
VM-20xx-xx
This Certificate and Declaration of Voluntary Merger is in substantial conformity with the provisions of Section 66499.20.3 of the California Government Code and Section 9-63.045 of the City of Simi Valley Municipal Code and shall establish the merger of the parcels as referenced herein.

NOTE: This determination DOES NOT GUARANTEE that the subject property meets current design and improvement standards for subdivided parcel. Prospective purchaser should check site conditions and applicable development codes to determine whether the property is suitable for their intended use.

City of Simi Valley
____________________________________ _________________________ Ronald K. Fuchiwaki Date
Public Works Director
85 CERTIFICATE OF COMPLIANCE
FOR

VOLUNTARY MERGER
NUMBER VM-20xx-xx
EXHIBIT "A"

LEGAL DESCRIPTIONS
Parcel 1
…………………………………………………………………………………………………………………
……………………………………………………………………………………………..…………………
……………………
Parcel 2
…………………………………………………………………………………………………………………
……………………………………………………………………………………………..…………………
……………………
Sheet 1 of 1
86 CERTIFICATE OF COMPLIANCE
FOR

VOLUNTARY MERGER
NUMBER VM-20xx-xx
EXHIBIT "B"

LEGAL DESCRIPTION
Sheet 1 of 1
87 CONDITIONAL CERTIFICATE OF COMPLIANCE
FOR

VOLUNTARY MERGER
NUMBER VM-20xx-xx
EXHIBIT "C"
PLAT
Sheet 1 of 1
88 EXHIBIT 3

PLANNING COMMISSION MEETING MINUTES
SEPTEMBER 8, 2021
Z-S-2021-0004
89 MINUTES OF THE M

EETING OF THE

PLANNING COMMISSION

MOBILE HOME RENT MEDIATION BOARD

TREE ADVISORY BOARD
City Council Chamber September 8, 2021
2929 Tapo Canyon Road
Simi Valley, CA 93063

1. CALL TO ORDER
The regular meeting of the Planning Commission of the City of S imi Valley was called to order at 6:37 p.m.

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL

Present: Commissioners Hodge, Ric e and Gray; Vice Chairperson T olson; and Chairperson Mann

Absent: None

4. APPROVAL OF AGENDA
It was the consensus of the Commission to approve the agenda as submitted.

5. APPROVAL OF MINUTES – June 9, 2021
It was the consensus of the Commission to approve the minutes as submitted.

6. DECLARATION OF CONFLICT

7. PUBLIC STATEMENTS
Deputy Environmental Services Director/City Planner Sean Gibs on referred to correspondence received from Al Bondy dated September 3, 2021, which was emailed to the Commission and placed on the dais.

8. CORRESPONDENCE – None
90 Planning Commission Meeting
Mobile Home Rent Mediation Board
Tree Advisory Board Minutes - Page 2 September 8, 2021

9. CONSENT CALENDAR – None

10. CONTINUED BUSINESS – None

11. NEW BUSINESS
A. PUBLIC HEARINGS

1. Z-S-2021-0004, City of Simi Va lley: To consider recommendin g to the City Council City-initiated Simi Valley Municipal Text Code Amendment (Z-S-2021-0004), to revise portions of Title 9 to provide procedures for Voluntary Mergers, Citywide, and a determination that the project is exempt from t he California Environmental Quality Act
Location: Citywide
S t aff Contact: Caesar Hernandez
(805) 583-6869
There were no ex parte communications to report.

Deputy
Environmental Services Director/City Planner Sean Gibson gave a brief overview of the text amendment.

Associate Planner Caesar Hernandez gave a presentation of the staff report.

Deputy Public Works Director (Development Services) Brent Siemer answered questions regarding lot mergers, and gave some hypothetical examples of different types of voluntary mergers.

Chairperson Mann opened the public testimony portion of the hearing.

Speakers via Zoom:

There were no members of the public present via zoom.

Chairperson Mann closed the public testimony portion of the hearing.

Commission comments:

Commissioner Rice stated that the language was not being specific enough.

Chairperson Mann echoed the same concerns.

Commissioner Gray cautioned against the language being too restrictive. 91 Planning Commission Meeting
Mobile Home Rent Mediation Board
Tree Advisory Board Minutes - Page 3 September 8, 2021

It was the consensus of the Commission to continue the matter to continue this matter to a date uncertain.

COMMISSIONER HODGE MOVED THAT THE

PLANNING COMMISSION O F THE CITY OF SIMI

VALLEY CONTINUE SIMI VALLEY MUNICIPAL
TEXT CODE AMENDMENT Z-S-2021-004 TO
REVISE PORTIONS OF TITLE 9 TO PROVIDE

PROCEDURES FOR VOLUNTARY MERGERS,
CITYWIDE; AND A DETERMINATION THAT THE

PROJECT IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT TO A DATE

UNCERTAIN

Commissioner Rice seconded the motion.

AYES: Commissioners Hodge, Rice and Gray;
Vice Chairperson Tolson; and Chairperson
Mann

NAYS: None

ABSTAIN: None

ABSENT: None

B. OTHER – None

12. ORAL COMMUNICATIONS AND REPORTS

A. STAFF

Deputy Environmental Services Director/City Planner Sean Gibson advised the Commission that the September 22, 2021 meeting would most likely be canceled, and that a special meeting of the Planning Commission would be scheduled for September 29, 2021.

B. PLANNING COMMISSION – None

C. MOBILE HOME RENT MEDIATION BOARD – None

D. TREE ADVISORY BOARD – None

92 Planning Commission Meeting
Mobile Home Rent Mediation Board
Tree Advisory Board Minutes - Page 4 September 8, 2021

13. ADJOURNMENT

The regular meeting of the Planning Commission of the City of Simi Valley w as adjourned at 7:35 p.m. The next scheduled Planning Commission meeting is on September 22, 2021.

Minutes prepared by:

Whitney Luxenberger
93

Simi Valley City CouncilSeptember 12, 2022

Simi Valley City Council
September 12, 2022