Staff Report — Simi Valley City Council, January 23, 2023 (part 1 of 2)

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CITY OF SIMI VALLEY

MEMORANDUM
January 23, 2023
TO: City Council
FROM: Department of Environmental Services
SUBJECT: A PUBLIC HEARING TO CONSIDER A REQUEST FROM HEYWOOD

STREET ASSOCIATES LLC, FOR THE APPROVAL OF A ZONE
CHANGE, Z-S-2022-0002; PLANNED DEVELOPMENT PERMIT, PD-S2022-0001; AND AFFORDABLE HOUSING AGREEMENT, AHA-2022- 0001; TO CHANGE THE ZONING OF A 0.22-ACRE PORTION OF A 4.57-

ACRE SITE FROM COMMERCIAL OFFICE (CO) TO RESIDENTIAL VERY HIGH DENSITY (RVH) FOR THE CONSTRUCTION OF A NEW 83-UNIT

MULTI-FAMILY RESIDENTIAL BUILDING WITH FIVE AFFORDABLE

UNITS, RELATED DEVELOPMENT INCENTIVE AND WAIVERS, AND

ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND
MITIGATION MONITORING PLAN, LOCATED AT 1850 HEYWOOD
STREET; AND INTRODUCTION OF AN ORDINANCE AND ADOPTION

OF RESOLUTIONS

STAFF RECOMMENDATION

1. The Planning Commission recommends the City Council introduce Ordinance No. 1347 (page 12) approving Zone Change No. Z-S-2022-0002; adopt a Resolution No. 2023-01 (page 16) approving Planned Development Permit No. PDS-2022-0001, and adopt the project’s Mitigated Negative Declaration and Mitigation Monitoring Plan;

2. Adopt a Resolution No. 2023-02 (page 50) approving the Affordable Housing Agreement (AHA-2022-0001).

BACKGROUND AND OVERVIEW
The Applicant, Heywood Street Associates LLC, requests approval of a Zone Change (Z-S-2022-0002) to change the zoning of a 0.22-acre portion of the project site from Commercial Office (CO) to Residential Very High Density (RVH), a Planned Development Permit (PD-S-2022-0001) for the construction of a new 83-unit apartment building on a 3.11-acre portion of a 4.57-acre site, located at 1850 Heywood Street. The project also includes an Affordable Housing Agreement for the provision of five (5) affordable units set aside to very-low income qualified renters, and the request for one (1) development incentive and four (4) development waivers pursuant to State Density Bonus Law.

On November 23, 2022, the Planning Commission held a public hearing and recommended that the City Council approve the Zone Change and Planned Development AGENDA ITEM NO.
5B
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Permit, with additional comments and considerations described in the report below. Staff analysis and findings are contained in the Planning Commission Staff Report contained in Exhibit 4, page 203.

FINDINGS AND ALTERNATIVES
Project Description
Zone Change:

The project site is split into two zones, Residential Very High Density (RVH) and Commercial Office (CO). The requested Zone Change will change the zoning for the

0.22-acre portion of the project site, located at the northern edge of the site, from CO to RVH. The remaining site area, currently zoned RVH, will not change. The purpose of the Zone Change is to make the entire project area residentially zoned, in order to accommodate the overall site design of the new apartment complex (see Figures 1 and 2).

Figure 1: Before Zone Change Figure 2: After Zone Change The General Plan land use for the site is also split. The larger 4.35-acre portion of the site has a land use designation of Very High Density Residential (20.1-35 dwelling units per acre) while the smaller 0.22-acre portion is Office Commercial. However, a General Plan Amendment is not required to change the Office Commercial land use to Very High Density Residential. This is due to General Plan Policy LU-32.1 stating that when parcels, or portions thereof, are less than 1 acre in size, the General Plan land use designation and zoning may be inconsistent if the project is both consistent with the policies of the General Plan and the use is consistent with parcel size, zoning, and surrounding uses.

The proposed multi-family residential development is consistent with the existing residential development adjacent to the project site, and the proposed density is consistent with the underlying zoning of the larger portion of the site. Therefore, a General Plan Amendment is not required.
2 Planned Development Permit
Approximately 3.11 acres of the 4.57-acre project site will be developed with a new 83- unit multi-family residential building (Figure 3). The three to four-story, approximately 110,000-square-foot apartment building is proposed to be built on the western half of the property, between the existing residential apartments to the west and the office building to the east. The remaining 1.46-acre portion of the site will remain vacant and subject to a future entitlement. The project will include amenities for the residents including a swimming pool, fitness center, community room, media room, and common areas.

The fourth-story component will be located at the southern part of the building of the apartment complex. The building will include 45 one-bedroom units ranging in size between 800 and 810 square feet and 38 two-bedroom units ranging in size between 1,022 and 1,463 square feet. Five of the units will be designated as affordable housing, for very low-income qualified residents. Parking will include guest parking in front of the building, as well as surface and garage tenant parking in the gated parking lot surrounding the building.

Figure 3 – Site Plan
Refer to Exhibit 1, page 260 for reduced project exhibits.

The project’s building design follows a modern contemporary architectural design and includes stucco and fiber cement composite siding, flat roofs, sloped roofs with metal roofing, tower elements, metal awnings, vinyl windows and metal railings (Figures 4 through 8).

The building is rectangular in shape with units facing out on all four sides. An interior courtyard provides open space for the residents and includes amenities such as a swimming pool, outdoor kitchen and dining space, and outdoor lounge area with a fireplace. Parking is provided within first-floor garages and uncovered surface parking spaces.

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3 HeywoodZS20220002PDS2022001CCmtg1-23-23(klk)
The building massing is modulated with horizontal and vertical articulation, and the exterior contains a variation of building materials. The building provides vertical articulation by varying the parapet heights. Horizontal articulation is provided by furring out portions of the walls above the first floor, providing a large balcony on the east elevation, and projecting the main entrance to the building along the north elevation. The building has a first-story base, finished in two-color stucco. The second, third, and fourth stories use a variety of materials including stucco and fiber cement composite lap and shingle siding. The front entry to the building is defined with fiber cement composite siding that extends to the ground and is accentuated with a trellis.

Figure 4 – North Elevation
Figure 5 – West Elevation
Figure 6 – East Elevation
Figure 7 – South Elevation
4 Figure 8 – Interior Elevation
Affordable Housing Agreement and Incentive/Waivers Requests The Applicant is providing five (5) affordable housing units for very low-income qualified renters, or 5% of the 83 units. Per Government Code Section 65915 (State Density Bonus Law), this qualifies the project for modified parking requirements, one concession, and multiple waivers as long as the waivers do not impose a life or safety hazard. In general, denial of an incentive or waiver requires a finding that the incentive or waiver, if not granted, would have a “specific, adverse impact” on health, safety, or the physical environment, and for which there is no mitigation (a “Safety Impact”). Denial by the City of any of the concessions or waivers would require either the specific written findings for a Safety Impact, or alternatively, under the definition of waivers, it would be necessary to find that the granting of the waiver is not required because the waiver in question does not “physically preclude” the construction of the Project.

The applicant does not qualify for a density bonus because the project does not maximize the allowed density for the site [Government code 65915(f)]. However, the Applicant has requested one incentive, as allowed by Government Code 65915(d)(1)(A), and four waivers, as allowed by Government Code 65915(e)(1). Refer to the Applicant’s letter “Density Bonus Application - The Churchill, 1850 Heywood Street, Simi Valley, CA,” dated January 3, 2023 (Exhibit 2, page 298) for their explanation of the requested incentive and waivers.

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Requested Incentive:

1. Increase the allowable building height from 40 feet to 45 feet 6 inches Requested Waivers:

1. Reduce the 10-foot wide landscape area to 5 feet

2. Increase the number of stories from 3 stories to 4 stories

3. Increase walking distance to trash enclosure from 250 feet to 420 feet

4. Increase walking distance to parking space from 200 feet to 250 feet Additional Planning Commission Comments
At the November 23, 2022 Planning Commission hearing, the Commissioners supported the incentive and waivers. A question was asked by the Commission regarding garage parking spaces. The applicant stated that the garage parking spaces would be available for an extra charge which raised concern about the availability of garage parking spaces for those tenants in the affordable units and their ability to pay for garage parking.

Therefore, the Planning Commission recommended to condition the project to provide required parking for tenants at no extra cost (See Condition No.*A-21 in Exhibit 3).

However, in order to further clarify the condition, staff has modified the condition to specify the required parking spaces must be provided to each tenant for free on a first come first serve basis, whether they are in garages or in the open field, and that only the surplus parking spaces, including covered spaces, may be rented to tenants. See revised Condition *A-21 included in Exhibit B, page 19.

Proposed Affordable Housing Units/RHNA
The five (5) proposed Affordable Housing Units (AHU) will be located throughout the complex. A summary of the AHU quantities, sizes, and current Ventura County rents are detail in Table 2.

Table 2 – Summary of Proposed AHU and Current Market Rents # of Bedrooms Unit Quantity
(units)
Unit Size (sq. ft.) Estimated Average Ventura
County Rents as of December
1, 2022, (Source: HUD)
One 2 800 - 810 $2,200
Two 3 1,022 - 1,463 $2,650
The initial rents, not including applicable utility allowances for each AHU in the Project, shall be determined subsequent to the AHU receiving its Certificate of Occupancy, consistent with 30% of the qualifying households’ income at the time of the initial lease signing. Based on the current Housing and Urban Development (HUD) Area Medium Income (AMI) for Ventura County for very low-Income (50% AMI), the current maximum rents for families of various sizes are identified below in Table 3. 6 HeywoodZS20220002PDS2022001CCmtg1-23-23(klk)
Table 3 – Maximum AHU Rents based on AMI Thresholds by Household Size Household Size Maximum Gross
Annual Income
Maximum Gross
Monthly Income
Maximum Monthly
Rent
One $43,900 $3,658 $1,097
Two $50,200 $4,183 $1,255
Three $56,450 $4,704 $1,411
Four $62,700 $5,225 $1,567
Five $67,750 $5,646 $1,693
According to the payment standards published by HUD for Ventura County, from 2021 to 2022, the estimated average rent has increased by 12.8% for one-bedroom apartments and 10.4% for two-bedroom apartments. In 2022, it was estimated that Ventura County renters need to earn 3.7 times the State minimum wage to afford the average monthly asking rent of $2,650 for a two-bedroom unit. To maintain the balance of affordability and to allow the Developer to keep pace with its ongoing operating costs, rents may be increased by a maximum of five (5) percent on July 1 of each year, provided the increases do not exceed the maximum rent limits established by the AMI for Ventura County published by HUD.

The 2021-2029 Regional Housing Needs Assessment (RHNA) began on October 15, 2021. While the City is not obligated to build housing, it must adopt land use policies and implement them in a manner that allows feasible opportunities to build housing units to meet the identified RHNA needs. The City’s RHNA allocation for the current cycle is 2,793 housing units at various income levels. Table 4 details the City’s allocations by income level, projected development, the impacts of this proposed development, and the remaining unmet allocation. If the Project is approved and built, the City would take credit for five (5) RHNA allocations in the Very Low-Income category and the remaining 78 units could satisfy the Moderate-Income allocations as the site is located within Low/Moderate Income Area published by the United States Census Bureau.

Table 4 – RHNA Allocation Summary
Housing
Units
Extremely
Low
(<30%
AMI)
Very Low
(31-50%
AMI)
Low (51-
80% AMI)
Moderate
(81-120%
AMI)
Above
Moderate
(>120%
AMI)
Total
Potential
Housing
Units
RHNA
Allocations
374 375 493 518 1,033 2,793
Pipeline
Projects &
Projected
ADUs
0 82 307 326 1,033 1,748
Churchill
Apartments
0 5 0 78 0 83
Remaining
Unmet
Allocation
374 288 186 114 0 962
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FINDINGS AND ALTERNATIVES
The findings and supporting evidence for approval of Z-S-2022-0002, PD-S-2022-0001 and AHA-2022-0001, and the project’s Mitigated Negative Declaration, are provided in Exhibit 1 and incorporated herein by reference.

An Initial Study was prepared for the project in accordance with Section 15063 of the State of California Environmental Quality Act (CEQA) Guidelines. Based on the conclusions in the Initial Study, it was determined the project could have significant effects on Air Quality, Biological Resources, Noise, and Tribal Cultural Resources. The applicant has incorporated the Mitigation Measures contained in Exhibit C, page 41 of the Planned Development Permit Resolution that would reduce the potentially significant environmental impacts to an insignificant level.

In accordance with Section 15070 and 15072 of the CEQA Guidelines, a Mitigated Negative Declaration (MND) was prepared for the project and advertised for a 20-day public review period from October 28, 2022 to November 16, 2022. Five public comment letters were received and are contained in Exhibit 4 with staff responses to each comment letter.

The following alternatives are available to the City Council:

1. Introduce Ordinance No. 1347 approving the Zone Change No. Z-S-2022-0002; and adopt the project’s Mitigated Negative Declaration and Mitigation Monitoring Plan;

2. Adopt a Resolution No. 2023-01 approving Planned Development Permit No. PDS-2022-0001; and adopt the project’s Mitigated Negative Declaration and Mitigation Monitoring Plan;

3. Adopt a Resolution No. 2023-02 approving the Affordable Housing Agreement (AHA 2022-0001);

4. Do not approve the project;

5. Provide Staff with other direction.

The Planning Commission recommends Alternative No. 1 and 2. Staff recommends Alternatives 1, 2, and 3 which include the Planning Commission’s recommendation and the Affordable Housing Agreement component.

SUGGESTED CITY COUNCIL MOTION
I move to Introduce Ordinance No. 1347 approving Z-S-2022-0002, adopt Resolution No, 2023-01 approving PD-S-2022-0001; adopt the project’s Mitigated Negative Declaration and Mitigation Monitoring Plan; and adopt Resolution No. 2023-02 approving the Affordable Housing Agreement (AHA-2022-0001).
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SUMMARY
The Applicant, Heywood Street Associates LLC, requests approval of a Zone Change (Z-S-2022-0002) to change the zoning of a 0.22-acre portion of the project site from Commercial Office (CO) to Residential Very High Density (RVH), and a Planned Development Permit (PD-S-2022-0001) for the construction of a new 83- unit apartment building on a 3.11-acre portion of a 4.57-acre site, located at 1850 Heywood Street. The project also includes an Affordable Housing Agreement to provide five (5) affordable units set aside to very low-income qualified renters, and the request for one (1) development incentive and four (4) development waivers pursuant to State Density Bonus Law. The Planning Commission recommends the City Council Introduce an ordinance adopting Zone Change No. Z-S-2022-0002 and approving Planned Development Permit No. PD-S-2022-0001, and the Mitigated Negative Declaration and Mitigation Monitoring Plan; and the Resolution approving Affordable Housing Agreement AHA-2022-0001.
____________________________________
Stratis Perros
Environmental Services Director
Prepared by: Elizabeth Richardson, Associate Planner
INDEX Page
Public Hearing Procedure .............................................................. 10 Ordinance No. 1347 for Z-S-2022-0002......................................... 12 Exhibit A – Legal Description................................................... 14 Exhibit B – Zone Change Map................................................. 15 Resolution No. 2023-01 for PD-S-2022-0001................................. 16 Exhibit A – Legal Description .................................................. 18 Exhibit B – Planned Development Permit Conditions .............. 19 Exhibit C – Mitigation Monitoring Plan ..................................... 41 Resolution No. 2023-02 for AHA-2022-0001.................................. 50 Exhibit A – Affordable Housing Agreement.............................. 53 Exhibit 1 – Mitigated Negative Declaration and Reduced
Project Exhibits………………………………………………………….81
Exhibit 2 – Letter from Heywood Street Associates LLC
regarding Density Bonus Application………………………………..158
Exhibit 3 – November 23, 2022 Planning Commission
Resolution and Draft Minute………………………………………….162
Exhibit 4 – November 23, 2022 Planning Commission
Staff Report and Supplemental Staff Report……………………….203 9 HeywoodZS20220002PDS2022001CCmtg1-23-23(klk)

PUBLIC HEARING PROCEDURE
HEARING DATE: January 23, 2023

1. MAYOR: This is the time and place set for a public hearing to consider a request from Heywood Street Associates LLC, for the
approval of a Zone Change, Z-S-2022-0002; Planned
Development Permit, PD-S-2022-0001; and Affordable
Housing Agreement, AHA-2022-0001 to change the zoning of a 0.22 acre portion of a 4.57-acre site from Commercial Office (CO) to Residential Very High Density (RVH) for the
construction of a new 83-unit multi-family residential complex with five affordable units, related development incentive and waivers, and adoption of a Mitigated Negative Declaration and Mitigation Monitoring Plan located at 1850 Heywood Street; introduction of an ordinance and adoption of resolutions.

May I have a reading of the resolutions and ordinance?

2. CLERK: (Reads resolutions and ordinance)

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

4. ANY COUNCIL (Report of communications)
MEMBER :

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

6. STAFF: (Report)

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

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

9. APPLICANT: (Comments)

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

11. AUDIENCE: (Comments)

12. MAYOR: Does Staff desire to respond to any comments or issues raised?

13. STAFF: (Response to comments and additional City Council questions)
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14. MAYOR: Does the Applicant desire any rebuttal?

15. APPLICANT: (Rebuttal)

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

17. ANY COUNCIL
MEMBER : (Comments)

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

19. ANY COUNCIL
MEMBER : City Council Actions (by motion of any Council Member):
1) Introduce, modify, or not introduce Ordinance No. 1347 for Zone Change Z-S-2022-0002 (does not require a second
or a vote; requires reading of ordinance);
2) Adopt, modify, or not adopt Resolution No. 2023-01 for Planned Development Permit PD-S-2022-0001 (requires
a second and a vote; requires reading of resolution).
3) Adopt, modify, or not adopt Resolution No. 2023-02 for Affordable Housing Agreement AHA-2022-0001 (requires
a second and a vote; requires reading of resolution).
* Any action to refer the matter back to staff or to continue the matter requires a second and a vote.

20. ANY COUNCIL
MEMBER : Second

21. MAYOR: (Call for vote)

22. MAYOR: Proceed to the next item.
11 HeywoodZS20220002PDS2022001CCmtg1-23-23(klk)
ORDINANCE NO. 1347

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SIMI VALLEY APPROVING A CHANGE OF ZONE
CLASSIFICATION (Z-S-2022-0002) AND ADOPT THE

MITIGATED NEGATIVE DECLARATION TO CHANGE THE
ZONE OF A 0.22-ACRE PORTION OF A 4.57-ACRE SITE
FOR PROPERTY LOCATED AT 1850 HEYWOOD STREET
WHEREAS, pursuant to the provisions of the Simi Valley Municipal Code Title 9-73, the applicant, Heywood Street Associates LLC, has requested approval of a Zone Change (Z-S-2022-0002) for a 0.22-acre portion of a 4.57-acre site located at 1850 Heywood Street, known as Ventura County Assessor Parcel No. 632-0-050-355 and 632- 0-050-395 and by the legal description attached hereto as Exhibit A, for the purpose of changing the Zoning Map of northernmost 0.22-acre portion of the site from Commercial Office (CO) to Residential Very High Density (RVH); and adopt the project’s Mitigated Negative Declaration (MND) and Mitigation Monitoring Plan; and WHEREAS, on November 23, 2022, the Planning Commission of the City of Simi Valley held a public hearing and recommended approval of Z-S-2022-0002, the Mitigated Negative Declaration, and the Mitigation Monitoring Plan; and WHEREAS, on January 23, 2023, the City Council considered evidence and public testimony on the project.

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

SECTION 1. The findings for adoption of the Mitigated Negative Declaration, contained in Exhibit 2 of the City Council Staff Report, dated January 23, 2023, and incorporated herein by reference, are hereby approved.

SECTION 2. The Mitigated Negative Declaration and Mitigation Monitoring Plan contained in the City Council Staff Report dated January 23, 2023, and incorporated herein by reference, are hereby adopted.

SECTION 3. The findings for Zone Change No. Z-S-2022-0002 contained in the Planning Commission Staff Report dated November 23, 2023, and hereby incorporated herein by reference, are hereby adopted.

SECTION 4. Zone Change No. Z-S-2022-0002 amending the Zoning Designation from Commercial Office (CO) to Residential Very High Density for a 0.22- acre portion of a 4.57-acre site located at 1850 Heywood Street, as contained in Exhibit B, attached hereto is hereby approved.

SECTION 5. Severability. If any provision of this ordinance is declared invalid by a court of competent jurisdiction, adjudicated to a final determination, the City 12 HeywoodZS20220002PDS2022001CCmtg1-23-23(klk)
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 the remainder of this ordinance shall remain in full force and effect.

SECTION 6. 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 7. 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
Attest:

Lucy Blanco, City Clerk Fred D. Thomas, 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
Director of Environmental Services
13 ORD. NO. 1347

EXHIBIT A
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LEGAL DESCRIPTION
APN: (632-0-050-355 AND 632-0-050-395)
PARCEL 2 AS SHOWN ON THE MAP ENTITLED PARCEL MAP NO. LD-S-667 FILED APRIL 15, 2015 IN BOOK 70 OF PARCEL MAPS, AT PAGES 67 TO 70 INCLUSIVE, IN THE CITY OF SIMI VALLEY, COUNTY OF VENTURA, STATE OF CALIFORNIA.

EXCEPT THEREFROM ONE-TENTH PART OF THE TOTAL (GROSS) OIL, GAS OR

OTHER KINDRED SUBSTANCES OR OTHER MINERALS EXTRACTED FROM SAID

LAND AS RESERVED BY VENTURA LAND AND WATER COMPANY, A
CORPORATION, RECORDED FEBRUARY 7, 1929 IN BOOK 239 PAGE 493, OF OFFICIAL RECORDS.

ALSO EXCEPT THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN AND TO A

NINE-TENTHS PART OF THE TOTAL (GROSS) OIL, GAS OR OTHER KINDRED

SUBSTANCES OR OTHER MINERALS IN, UPON OR UNDERLYING SAID LAND OR

HEREAFTER EXTRACTED THEREFROM AS RESERVED BY PACIFIC STATES SAVINGS AND LOAN COMPANY IN DEED RECORDED JULY 10, 1947 IN BOOK 789 PAGE 376, OF OFFICIAL RECORDS.
14 ORD. NO. 1347

EXHIBIT B
HeywoodZS20220002PDS2022001CCmtg1-23-23(klk)
Zone Change No. Z-S-2022-0002
A Zone Change from Commercial Office to Residential Very High Density, for the northerly 0.22-acre portion of the 4.57 acre4.57-acre identified as Assessor’s Parcel Number 632-0-050-335 property located at 1850 Heywood Street, as described as follows:
1850 Heywood Street
15 ORD. NO. 1347
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RESOLUTION NO. 2023-01

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SIMI VALLEY APPROVING A PLANNED DEVELOPMENT
(PD-S-2022-0001) FOR THE CONSTRUCTION OF A NEW
83-UNIT MULTI-FAMILY RESIDENTIAL BUILDING,

INCLUSION OF AFFORDABLE HOUSING UNITS,

DEVELOPMENT CONCESSION, AND DEVELOPMENT
WAIVERS, AND ADOPTION OF THE PROJECT’S

MITIGATED NEGATIVE DECLARATION AND MITIGATION

MONITORING PLAN
WHEREAS, the applicant, Heywood Street Associates LLC, has requested approval of a Planned Development Permit (PD-S-2022-0001) for that 4.57 acre parcel located at 1850 Heywood Street, known as Ventura County Assessor’s Parcel No. 632- 0-050-355 and 632-0-050-395, and by the legal description attached hereto as Exhibit A, for the purpose of constructing an 83-unit multi-family residential building on a 3.11 acre portion of the site; and adoption of the project’s Mitigated Negative Declaration (MND) and Mitigation Monitoring Plan; and
WHEREAS, on November 23, 2022, the Planning Commission of the City of Simi Valley held a public hearing and recommended approval of PD-S-2022-0001; and adoption of the project’s Mitigated Negative Declaration and Mitigation Monitoring Plan; and
WHEREAS, on January 23, 2023, the City Council considered evidence and public testimony on the project.

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

SECTION 1. The findings for approval of PD-S-2022-0001, and the Mitigated Negative Declaration, contained in the City Council Staff Report dated January 23, 2023, and incorporated herein by reference, and hereby adopted.

SECTION 2. The project Mitigated Negative Declaration contained in City Council Staff Report, dated January 23, 2022, and incorporated herein by reference, and the Mitigation Monitoring Plan attached hereto as Exhibit C, is hereby adopted.

SECTION 3. Planned Development Permit PD-S-2022-0001 is hereby approved, subject to compliance with all the conditions contained in Exhibit B, attached hereto.

SECTION 4. The time within which judicial review must be sought for administrative decisions is governed by California Code of Civil Procedure Section 1094.6.
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SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk PASSED and ADOPTED this 23rd day of January 2023.

Attest:

Lucy Blanco, City Clerk Fred D. Thomas, 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
17 RES. NO. 2023-01

EXHIBIT A
HeywoodZS20220002PDS2022001CCmtg1-23-23(klk)

LEGAL DESCRIPTION
PARCEL 2 AS SHOWN ON THE MAP ENTITLED PARCEL MAP NO. LD-S-667 FILED APRIL 15, 2015 IN BOOK 70 OF PARCEL MAPS, AT PAGES 67 TO 70 INCLUSIVE, IN THE CITY OF SIMI VALLEY, COUNTY OF VENTURA, STATE OF CALIFORNIA.

EXCEPT THEREFROM ONE-TENTH PART OF THE TOTAL (GROSS) OIL, GAS OR

OTHER KINDRED SUBSTANCES OR OTHER MINERALS EXTRACTED FROM SAID

LAND AS RESERVED BY VENTURA LAND AND WATER COMPANY, A
CORPORATION, RECORDED FEBRUARY 7, 1929 IN BOOK 239 PAGE 493, OF OFFICIAL RECORDS.

ALSO EXCEPT THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN AND TO A

NINE-TENTHS PART OF THE TOTAL (GROSS) OIL, GAS OR OTHER KINDRED

SUBSTANCES OR OTHER MINERALS IN, UPON OR UNDERLYING SAID LAND OR

HEREAFTER EXTRACTED THEREFROM AS RESERVED BY PACIFIC STATES SAVINGS AND LOAN COMPANY IN DEED RECORDED JULY 10, 1947 IN BOOK 789 PAGE 376, OF OFFICIAL RECORDS.
18 RES. NO. 2023-01

EXHIBIT B
HeywoodZS20220002PDS2022001CCmtg1-23-23(klk)
CASE NO.: PD-S-2022-0001(Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC

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

Applicant must comply with all of the conditions.

A. ENVIRONMENTAL SERVICES CONDITIONS:

Planning Division:

A-1 This permit is granted for all of the buildings, roadways, parking areas, landscaping, lighting, colors and materials, and other features which must be as shown on the formal application and exhibits specifically labeled as Exhibits: Architectural Site Plan 1-3, Civil Site Plans Sheet 1-4, Floor Plan 1-4, Roof Plan, Building Elevations 1-10, and Landscape Plan dated November 8, 2022; Color and Materials Board dated January 11, 2022; and Tree Report dated June 13, 2022.

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

A-3 Applicant must defend, indemnify, and hold harmless the City, its agents, officials, and employees from any claim, action, or proceeding against the City or its agents, officials, or employees in any action to attack, set aside, void, or annul the approval of this permit. The City will promptly notify Applicant of any claim, action, or proceeding; and the City will cooperate fully in the defense. The City must also have the right to consult and 19 RES. NO. 2023-01
CASE NO.: PD-S-2022-0001(Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
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participate with Applicant in the development of litigation strategy. Further, Applicant must select an attorney, acceptable to the City, who will defend such proceeding. Such approval of an attorney will not be unreasonably withheld.

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

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

A-6 Approval of this project requires certain legislative determinations by the City Council. The approval of the Planned Development Permit is hereby expressly made contingent upon the approval of the Zone Change, and Affordable Housing Agreement by the City Council.

A-7 Applicant must provide to the Deputy Environmental Services Director/City Planner a copy of all conditions of approval recorded with the Ventura County Recorder's Office.

A-8 Applicant must submit to the Deputy Environmental Services Director/City Planner for review and approval, a trash and recycling enclosure plan. The Deputy Environmental Services Director/City Planner will review the trash and recycling enclosure plan for compliance with the following criteria:
a. The enclosure must incorporate the same architectural treatment and use the same approved exterior colors and the materials of the main building;
b. The enclosure must incorporate an opaque gate and include a roof or trellis, which will be designed to preclude trash from being blown out of the bins;
c. The height of the enclosure walls and gate must be the same or greater than the height of the bins within the enclosure; and d. Except when the bins are being accessed, the bins must be stored at all times within the enclosure, with the gate closed.

A-9 Applicant must submit a utility plan to the Deputy Environmental Services Director/City Planner for review and approval. The plan must include:
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CASE NO.: PD-S-2022-0001(Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
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a. Size and location of all above-ground utility cabinets and underground utility vaults for electric, telephone, cable communications, backflow prevention devices, and fire sprinkler pressure detector check valves (utility equipment);
b. Screening design and location for all above-ground utility equipment by method of masonry walls, landscaping, or a combination of both; c. A minimum of three feet of clearance between all above-ground utility equipment and the screening;
d. Access panels oriented away from all public rights-of-way; e. Fire sprinkler pressure detector check valves located a minimum of 10 feet from all property lines adjacent to public rights-of-way, unless determined by the Deputy Environmental Services Director/City Planner to be not feasible;
f. Depiction of the Traffic Sight Safety Area (TSSA); and g. Location of all above-ground utility equipment outside of the TSSA.

A-10 In the event of the encounter of subsurface materials suspected to be of an archaeological or paleontological nature, all grading or excavation must cease in the immediate area, and the find left untouched. Applicant must select and provide a qualified professional archaeologist certified by the Register of Professional Archaeologists or paleontologist with a degree(s) in paleontology or geology to evaluate and make recommendations as to disposition, mitigation and/or salvage. The recommendation must be implemented before work may proceed. Applicant will be liable for all costs associated with the professional investigation and implementation.

A-11 Prior to the time of occupancy inspection, Applicant must provide to the Deputy Environmental Services Director/City Planner and the Building Official, written certification from the project architect or engineer that the project has been constructed in accordance with the approved plans.

A-12 Applicant must continually maintain, repair and replace all structures, landscaping, irrigation equipment, sidewalks, parking lot surfacing, and all other improvements within the project described in the approved plans.

A-13 Applicant must submit photometric and luminaire plans which comply with Simi Valley Municipal Code Section 9-30.040. All exterior light fixtures depicted on this plan must have fully recessed lenses and cut-off features that limit illumination at the property line to 0.5 foot-candles. A note will be placed on the plan that states: "All downcast light fixtures will be installed and permanently maintained in a horizontal position."
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CASE NO.: PD-S-2022-0001(Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
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*A-14 Throughout its fifty-five year term (or other term length), Applicant must abide by the provisions of the Affordable Housing Agreement approved concurrently herewith. A violation of the terms of the Affordable Housing Agreement, or any of its exhibits, constitutes a violation of this Planned Development Permit. In the event of a conflict between the Agreement and the PD conditions, the most restrictive will apply.
*A-15 Applicant must underground all existing overhead utility lines including both onsite and on shared property lines in accordance with SVMC 9-30.090 unless exempt by the Municipal Code.
*A-16 Applicant must submit to the Deputy Environmental Services Director/City Planner a Fence and Wall Plan that includes details on all existing and proposed fences, walls and gates that includes colors, materials, textures, heights and style. Materials must be slumpstone, wrought iron, textured concrete block, or other similarly constructed walls. All property line walls and fences must not be placed more than one inch away from any property line.
*A-17 Applicant must submit to the Deputy Environmental Services Director/City Planner for review and approval, a Final Roof Plan that demonstrates that all proposed rooftop HVAC units will be screen by the proposed parapet and screen walls.
*A-18 Prior to a Final Building Inspection or Issuance of a Certificate of Occupancy, whichever occurs first, Applicant must submit to the Deputy Environmental Services Director/City Planner a parking plan showing assigned parking for each unit.
*A-19 Prior to a Final Building Inspection or Issuance of a Certificate of Occupancy, whichever occurs first, Applicant must submit to the Deputy Environmental Services Director/City Planner construction drawings that include details for the installation of a closed circuit security camera system, and resident door and access gate security system, which includes key fobs or equivalent.
*A-20 Applicant must provide one lockable storage closet for each unit. *A-21 Applicant must assign a minimum of one parking space to each apartment unit. Tenants must not be charged separately for use of the 102 required parking spaces. Applicant may rent out covered or uncovered surplus spaces to tenants and reserved for said tenants. Unrented surplus parking spaces must be available to all tenants on a first come first serve basis without charge. Required disabled access spaces identified on the approved final site plan must be made available at no charge to any tenant with the State-issued disabled parking placard. Applicant must provide at 22 RES. NO. 2023-01
CASE NO.: PD-S-2022-0001(Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
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the City’s request from time to time a parking assignment plan and space rental list to confirm compliance with this condition.

B. PUBLIC WORKS CONDITIONS:

General:

B-1 These Conditions of Approval must supersede all conflicting notations, specifications, dimensions and typical sections which may be shown on development plans or exhibits. The Conditions stated herein must not be considered a comprehensive listing of all State and Municipal Code requirements and City ordinances and policies. All of the following Conditions, including the payment of all the miscellaneous fees, must be completed prior to the issuance of a Zoning Clearance, unless other timing has been specified by the City Engineer. The conditions marked with an asterisk (*) are Special Conditions applicable specifically to this project. In the event of a conflict between a Standard Condition and a Special Condition, the Special Condition will take precedence.

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

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

B-4 Prior to requesting a final inspection for release of securities, Applicant must submit record drawings, certifications, final soils report, and a digital file of record drawings (in an ESRI Info or DXF format compatible with the City GIS database) to the Department of Public Works.
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CASE NO.: PD-S-2022-0001(Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
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B-5 Prior to occupancy, Applicant must complete all improvements, per the accepted plans and approved conditions, and obtain acceptance for the improvements by the City.

Grading:

B-6 Prior to issuance of a grading permit, Applicant must submit a site paving, drainage, and grading plan, subject to review and approval by the City Engineer.
a. The plans must be in conformance with Chapter 7 of the Ventura County Land Development Manual adopted by City Council
Resolution No. 69-8.
b. The site paving, drainage, and grading plan must be accompanied by a geotechnical report, prepared to comply with the City of Simi Valley Guidelines for Geotechnical Reports.
c. Upon acceptance of the geotechnical report by the City, Applicant must submit a digital file of the report and all comments, responses, references, and supporting data.

B-7 Prior to the issuance of a grading permit, Applicant must post improvement securities for all grading, must pay all applicable fees, and must provide insurance documentation. The above submittals must comply with SVMC Section 7-1.

B-8 Applicant must obtain a grading permit, must complete the grading according to the approved plans, and must provide certifications by the soils engineer and civil engineer.

Drainage:

B-9 Prior to the issuance of a grading permit, Applicant must provide a final drainage study prepared by a California State Registered Civil Engineer.

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

B-10 Applicant must incorporate storm water detention into the improvement plans. Detention design must conform to the City of Simi Valley Drainage Study Guidelines. Site runoff cannot exceed the 10-year undeveloped storm runoff from the site area. The hydrograph flood routing method or unit volume method using 1,000/2,500 cubic feet per acre (bypass/flow through 24 RES. NO. 2023-01
CASE NO.: PD-S-2022-0001(Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
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respectively), may be used for detention design when the project does not exceed 10 acres of developable area. Detention facilities must be privately maintained by the property owner(s).

Storm Water Management:

B-11 Applicant must comply with the City's Flood Damage Prevention Ordinance, SVMC Section 7-5.
*B-12 Applicant must provide engineering data to show that the cumulative effect of the proposed development, when combined with all existing and anticipated development, does not increase the water surface elevation of the base flood elevation at any location by more than 0.1 foot (0.1’). *B-13 Prior to the issuance of a grading permit, Applicant must obtain a Letter of Map Revision (LOMR) from FEMA.
*B-14 Prior to the issuance of a grading permit, Applicant must provide that all structures are a minimum of one foot above all one percent chance (100- year) storm flow elevations, including adjacent street curbs and detention facilities.
*B-15 Applicant must obtain from the City a "Flood Area Development Permit" to comply with the City's Flood Damage Prevention Ordinance, SVMC Section 7-5.

Storm Water Quality:
*B-16 Prior to the issuance of a grading permit, Applicant must prepare a Storm Water Pollution Prevention Plan (SWPPP) and must incorporate permanent storm water quality treatment devices into the site improvements for review, prior to approval by the City Engineer. The SWPPP must be prepared and implemented to comply with:
a. State Water Resources Control Board, Division of Water Quality Order No. 2009-0009-DWQ: National Pollutant Discharge
Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities, NPDES No. CAS000002, dated September 2, 2009; and, A Notice of Intent (NOI) must be submitted to the Los Angeles Regional State Water Resources Control Board to comply with General Permit No. 2009-0009-DWQ.
b. State of California, California Regional Water Quality Control Board, Los Angeles Region Order No. R4-2010-0108: Waste Discharge Requirements for Storm Water (Wet Weather) and Non-Storm Water 25 RES. NO. 2023-01
CASE NO.: PD-S-2022-0001(Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
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(Dry Weather) Discharges from the Municipal Separate Sewer Systems within the Ventura County Watershed Protection District, County of Ventura, and the Incorporated Cities therein, dated July 8, 2010; and Applicant must identify pollutant sources and must include design and recommended construction, implementation and maintenance measures in order to eliminate or reduce the discharges of pollutants from the project site to the public storm drain system, during and after the construction period. For any work in progress, updated SWPPP and erosion control plans must be submitted during the period from November 1 to April 1 of each year. *B-17 Applicant must submit to the City Engineer for review, and must execute and record upon approval, a Convent and Agreement regarding Stormwater Treatment Device Maintenance consistent with the current Technical Guidance Manual for Stormwater Quality Control Measures of the Ventura County Stormwater Quality Management Program.

Undergrounding of Utilities:
*B-18 Applicant must design improvements such that all existing and proposed utilities are underground per SVMC Section 9-30 and 9-64.

Water:

B-19 Applicant must apply for, and obtain, a Water Will-Serve Letter from Waterworks District No. 8 (WWD8).

B-20 Prior to issuance of a Water Will-Serve Letter, applicant must have the fire hydrant location(s) approved by the Ventura County Fire Protection District (VCFPD).

B-21 Prior to issuance of a Water Will-Serve Letter, applicant must submit a Water Supply Fixture Unit (WSFU) count in accordance with the 2013 California Plumbing Code, Appendix A.

B-22 Prior to issuance of a Water Will-Serve Letter, applicant must complete VCFPD FORM 625 with authorized signatures from VCFPD and WWD8.

B-23 Prior to issuance of a Water Will-Serve Letter, applicant must pay the capital improvement charge for water service. The estimated total fee of $236,047 is based on the current rate. The actual fees will be determined at the time of payment.

B-24 Prior to issuance of a Water Will-Serve Letter, applicant must construct all water infrastructure located in the right-of-way, in compliance with the Water Design and Construction Standards, adapted by the District Board of Directors on July 26, 2021, and subsequent revisions.
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CASE NO.: PD-S-2022-0001(Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
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B-25 Prior to the installation of landscaping or the issuance of a Certificate of Occupancy, whichever comes first, applicant must purchase and have installed the domestic and irrigation water meters.

Sanitation:

B-26 Applicant must apply for, and obtain, a Sewer Will-Serve Letter from the Sanitation Services Division.

B-27 Prior to issuance of a Sewer Will-Serve Letter, applicant must submit a utility site plan for review and approval in compliance with the Manual and Standard Plans for the Design and Construction of Sanitary Sewerage Facilities, adopted by the City Council of the City of Simi Valley on August 28, 2006, and its subsequent revisions.

B-28 Prior to issuance of a Sewer Will-Serve Letter, applicant must construct all sewerage infrastructure located in the right-of-way, in compliance with the Manual and Standard Plans for the Design and Construction of Sanitary Sewerage Facilities, adopted by the City Council of the City of Simi Valley on August 28, 2006, and its subsequent revisions.

B-29 Prior to issuance of a Sewer Will-Serve Letter, applicant must pay all applicable sewer connection fees. The estimated total fee of $272,323 is based on the current rate of $3,281 per unit. The actual fees will be determined at the time of payment.

B-30 Applicant must receive approval from the Building and Safety Division for the construction of private on-site sewer facilities. On-site private sewer lines must be designed with a minimum 2% slope per the latest California Plumbing Code.

Traffic:
*B-31 Applicant must design and construct any landscaping to incorporate and provide for the minimum safe vehicle/driver sight distances at the project driveways, restricting the height of any planting material to 30 inches or less within the driver's sight distance area, per City Standard SV 20-130; in addition, no walls, berms, slopes, backflow prevention devices, on-site project monuments, signs, or other impediments to the driver's sight visibility will be allowed within that restricted area; all as directed by the City Engineer. Any proposed decorative pavement, on-site project monuments, or signs must be located outside of the public right-of-way, as directed by the City Engineer.
*B-32 Applicant must design and construct all frontage improvements in accordance with the General Plan, including curb, gutter, sidewalk, traffic 27 RES. NO. 2023-01
CASE NO.: PD-S-2022-0001(Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
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signing and striping, and any enriched parkways to the satisfaction of the City Engineer.
*B-33 Applicant must design and construct any improvements in the public rightof-way in accordance with the Caltrans Standard Plans, and the California Manual on Uniform Traffic Control Devices, latest editions. *B-34 Applicant must design and construct all on-site traffic circulation elements and traffic control devices (e.g. pavement delineation, signage), in accordance with the California Manual on Uniform Traffic Control Devices, latest edition.
*B-35 Applicant must design and reconstruct all project access driveways per City Standard SV 11-20 “Commercial Driveway Approach,” to achieve current Americans with Disabilities Act (ADA) Standards. Width must be per plan.

Driveways must have minimum 15’ radius returns.
*B-36 Applicant must therefore pay the Traffic Impact Fee specified in the City of Simi Valley Schedule of Service Charges in effect at the time of payment, as stated in the current Traffic Impact Fee Resolution. The total fee is based on daily vehicle trip ends, with the current fee of $107.50 per trip. As the project is forecast to generate 559 daily trip ends, the total fee is $60,092.50.
*B-37 Applicant must pay the Ventura County Reciprocal Traffic Impact Fee in effect at the time of payment, as stated in City Council Resolution No. 2002-

22. The fee is based on daily vehicle trip ends, with the current fee of $5.50 per daily trip. As the project is forecast to generate 559 daily trip ends, the total fee is $3,074.50.

Maintenance:

B-38 Applicant must submit to the Department of Public Works for review and approval, Final Landscape and Irrigation Plans for Landscaping improvements to be installed within and directly adjacent to the public rightof-way. The plans must be accompanied by an estimate for that work and must also pay all appropriate plan check fees.

B-39 Applicant must ensure that the landscape and irrigation design plans include provisions for installing root barriers (18 inches deep by 10 feet long, minimum), adjacent to the back side of the sidewalk, when planting on-site tree(s) within 10 feet from the public rights-of-way and public sidewalk.

B-40 Applicant must include a note on the Final Landscape Plans stating that the street trees, plant material, and irrigation system installed by the applicant within the street right-of-way, are to be maintained by the development’s 28 RES. NO. 2023-01
CASE NO.: PD-S-2022-0001(Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
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Management Owner’s Association or the property owner, in perpetuity over the lifetime of the project.

B-41 Prior to the issuance of a Grading Permit, Applicant must have received Public Works approval for the project’s Landscape and Irrigation design plans and must have paid all public works plan check and inspection fees.

B-42 Prior to issuance of a Certificate of Occupancy, Applicant must have included a statement in the Conditions, Covenants, and Restrictions that requires the Homeowners' Association (HOA) to maintain any and all landscaping and irrigation within the public rights-of-way. In lieu of establishment of an HOA, it shall be the property owner’s responsibility under the planned development permit to maintain landscape and irrigation within the public rights-of-way for this development over the lifetime of the project.

C. LANDSCAPING CONDITIONS:

C-1 Applicant must submit final landscape and irrigation plans, and supporting materials, to the Deputy Environmental Services Director/City Planner for review and approval. The final plans/materials must:
a. Comply with the City of Simi Valley Landscape Design Guidelines; b. Comply with the conceptual landscape plan as approved by the Planning Commission;
c. Comply with the recommendations of the City’s Consulting Landscape Architect, to ensure plans conform to the Planning Commission approval, the City’s Landscape Design Guidelines, and the 2015 State Model Water Efficient Landscape Ordinance as implemented by the City of Simi Valley;
d. Comply with the approved site plan and Public Works grading and improvement plans;
e. Include an agronomic soils report as specified in the 2015 State Model Water Efficient Landscape Ordinance as implemented by the City of Simi Valley. The soils report must be based on soil conditions after the establishment of final grades, and final landscape plans must incorporate the report recommendations;
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CASE NO.: PD-S-2022-0001(Ref: Z-S-2022-0002)
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f. Include a Water Efficient Landscape Worksheet with each submittal of landscape and irrigation plans;
g. Show all protected trees pursuant to Section 9-38.050 of the SVMC; h. Provide root barriers for all trees planted in the parking lot, perimeter, and foundation planting areas, per Simi Valley Standard Plans 51-20 and 51-60;
i. Include planting and irrigation with native compatible, fire-resistant plants in areas adjacent to existing native vegetation. All plant materials must be low-water use and must not include any live turf areas. The plant palette must not include invasive plants as listed in the California Invasive Plant Council (Cal-IPC) Invasive Plant Inventory;
j. Clearly identify required temporary landscape-related improvements and irrigation (e.g., for erosion control), separately from permanent systems; and
k. Provide an estimate of the total landscape construction cost.

C-2 Prior to the issuance of a Zoning Clearance or a Grading Permit, whichever comes first, Applicant must obtain a Tree Removal Permit in accordance with SVMC Section 9-38.070 et. seq. for any protected trees designated for removal on the plan. Unless otherwise approved by the Deputy Environmental Services Director/City Planner, Applicant will not remove any of the mature trees prior to the commencement of any grading.

C-3 From the date of this approval until final inspection or certificate of occupancy for the last building to be built pursuant to this permit, Applicant must protect and preserve existing protected trees identified in the approved Tree Report dated June 13, 2022, pursuant to SVMC Chapter 9-38 and City’s Landscape Design Guidelines, unless a Tree Removal Permit authorizing their removal has been issued by the Department of Environmental Services.

C-4 For the lifetime of the permit, Applicant must mitigate the loss of all protected trees, relocated trees, and trees identified on the Final Landscape Plan, pursuant to SVMC Chapter 9-38 and the City’s Landscape Design Guidelines.

C-5 Prior to the issuance of a Certificate of Occupancy or a Final Inspection request, whichever comes first, Applicant must:
a. Install all landscaping so as to be consistent with the approved landscape plans referred to in Condition C-1; and
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CASE NO.: PD-S-2022-0001(Ref: Z-S-2022-0002)
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b. Require that the landscape architect be present during the final landscape inspection by the City and certify that the installation of landscape materials and irrigation systems are in compliance with the approved landscape plan.
c. Provide required Landscape Documentation Package, following completion of the landscape installation.

C-6 For the lifetime of this permit, Applicant must adhere to the City's Landscape Maintenance Requirements as follows:
a. Trees will be thinned as defined by the Tree Care Industry Association, ANSI A300 Standards to eliminate crowding or x-crossing branches, to remove dead or broken limbs, and to remove structurally weak branch attachments;
b. Tree canopies will not be topped (to remove or cut the top of the tree) or pollarded (to cut back to the trunk to promote the growth of a dense head of foliage) as defined by the Tree Care Industry Association, ANSI A300 Standards;
c. All pruning will comply with the International Society of Arboriculture, Best Management Practices-Tree Pruning, current edition; d. No more than 20% of tree canopy will be removed during a growing season;
e. Branches will be removed as needed to allow for a 14-foot vehicular path clearance and an eight-foot pedestrian path clearance; f. All pruning will be supervised by a certified or consulting arborist; and g. Replace all dead or missing plants so as to comply with the approved landscape plan. The minimum replacement size will be at least a 24” boxed tree or five-gallon shrub/vine, or a one-gallon groundcover.

D. VENTURA COUNTY FIRE PROTECTION DISTRICT:

D-1 Private roads must comply with Public Road Standards:
a. Access road width of 24 feet must be required with no on-street parking permitted, or per Public Road Standards whichever is stricter. b. Aerial Ladder Fire Apparatus Access, Multi-Family, Commercial, or Industrial Buildings or portions of buildings or facilities with perimeter eave lines exceeding 30 feet in height above the lowest level of fire department access must require an approved aerial ladder fire 31 RES. NO. 2023-01
CASE NO.: PD-S-2022-0001(Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
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apparatus access roads and driveways must have a minimum clear width of 30 feet. Overhead utility and power lines must not be located within the aerial ladder fire apparatus access roads and driveways. At least one of the required access routes meeting this condition must be located a minimum of 15 feet and a maximum of 30 feet parallel to one side of the buildings, as approved by the Fire District. Buildings exceeding 50,000 square feet must have the required access route along a minimum of two sides. Parking must be prohibited along the required width of the access roads and driveways. Landscaping and other improvements between the required access and the buildings must not interfere with aerial ladder fire apparatus operations, as approved by the Fire District and per VCFD 501 Fire Apparatus Access Standard.
c. Mitigations to Aerial Apparatus Access Roads. The fire code official is authorized to reduce the required width to not less than 24 feet when all of the following are provided:
i. Automatic fire sprinklers are installed throughout the structure in accordance with NFPA 13.
ii. Fire sprinkler standpipes are provided on all floors and through to the roof.
iii. Two or more roof access points are provided through 2-hour fire rated stairs separated a distance not less than half of the diagonal of the structure.

D-2 All access roads/driveways must have a minimum vertical clearance of 13 feet 6 inches (13' 6"). Clear of building to sky.

D-3 Applicant must obtain VCFD Form #610 “Fire Permit Application” and Form #625 “Fire Flow Verification” prior to obtaining a building permit for any new structures or additions to existing structures. 610 application to include site plan for proposed structure and landscape plan to confirm Aerial Access compliant with 501 Standard.

D-4 Plans for water systems supplying fire hydrants and/or fire sprinkler systems and not located within a water purveyor’s easement, must be submitted to the Fire District for review and approval prior to issuance of grading and/or building permits or signing of Mylar plans, whichever is first. Plans must reflect only dedicated private fire service lines and associated appurtenances. Plan must be designed and submitted with the appropriate fees in accordance with VCFPD Standard 14.7.2.
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CASE NO.: PD-S-2022-0001(Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
HeywoodZS20220002PDS2022001CCmtg1-23-23(klk)
D-5 Applicant must submit two (2) site plans to the Fire District for review and approval of Access and location of fire lanes. Prior to occupancy, all fire lanes must be posted “NO PARKING – FIRE LANE – TOW AWAY” in accordance with California Vehicle Code, the International Fire Code and current VCFPD Fire Lane Standards. All signs and/or Fire Lane markings must be within recorded access easements.

D-6 Building plans of all A, E, I, H, R-1, R-2 or R-4 occupancies must be submitted, with payment for plan check, to the Fire District for review and approval prior to obtaining a building permit.

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

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

D-9 Parking on access roads/driveways and fire department turnarounds is prohibited.

D-10 The access road(s)/driveway(s) must be certified by a registered civil engineer as having an all-weather surface in conformance with Public Works and/or Fire District standards. This certification must be submitted to the Fire District for review and approval prior to occupancy.

D-11 Walkways must be provided from all building openings to the public way or fire department access road/driveway.

D-12 If gates are to be locked, a Knox system must be installed. The method of gate control, including operation during power failure (battery back-up), must be subject to review by the Fire Prevention Division. Gate plan details must be submitted to the Fire District for approval prior to installation. A final acceptance inspection by the Fire District is required prior to placing any gate into service.

D-13 Any gates to control vehicle access are to be located to allow a vehicle waiting for entrance to be completely off the intersecting roadway. A minimum clear open width of 15 feet in each direction must be provided for separate entry/exit gates and a minimum 20 for combined entry / exit gates.

If gates are to be locked, a Knox system must be installed. The method of gate control, including operation during power failure (battery back-up), must be subject to review by the Fire Prevention Division. Gate plan details must be submitted to the Fire District for approval prior to installation. A final 33 RES. NO. 2023-01
CASE NO.: PD-S-2022-0001(Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
HeywoodZS20220002PDS2022001CCmtg1-23-23(klk)
acceptance inspection by the Fire District is required prior to placing any gate into service.

D-14 Building address numbers, a minimum of ten inches (10") high, must be installed prior to occupancy, must be of contrasting color to the background, and must be readily visible at night. Brass or gold-plated numbers must not be used. Where structures are set back more than 150 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event the structure is not visible from the street, the address number(s) must be posted adjacent to the driveway entrance on an elevated post. Individual unit numbers must be a minimum of 4 inches in height and must be posted at the front and rear entrances to each unit. Additional address directional signs may be required at common building entrances and stairways.

D-15 An address directory must be provided at all entrances to the project at locations approved by the Fire District. Design must be in accordance with Fire District Addressing Standards. Directory plans must be submitted to the Fire Prevention Division for review and approval prior to installation.

D-16 A plan must be submitted to the Fire District for review indicating the method in which buildings are to be identified by address numbers.

D-17 Prior to recordation of street names, proposed names must be submitted to the Fire District's Fire Prevention Bureau for review and approval.

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

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

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

D-21 All required egress aisles must be maintained clear of obstructions at any time.

D-22 All emergency lights and exit signs must be maintained in an operable condition at all times.

D-23 Prior to construction, the applicant must submit plans to the Fire District for placement of fire hydrants. On plans, show existing hydrants within 500 feet of the development. Indicate the type of hydrant, number, and size of outlets.
34 RES. NO. 2023-01
CASE NO.: PD-S-2022-0001(Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
HeywoodZS20220002PDS2022001CCmtg1-23-23(klk)
D-24 Fire hydrant(s) must be provided in accordance with current adopted edition of the International Fire Code, Appendix C and adopted amendments. Onsite fire hydrants may be required as determined by the Fire District.

D-26 Prior to combustible construction on any parcel, a fire hydrant capable of providing the required fire flow and duration must be installed and in service along the access road/driveway at a location approved by the Fire District, but no further than 250 feet from the building site. The owner of the combustible construction is responsible for the cost of this installation.

D-27 Prior to occupancy of any structure, blue reflective hydrant location markers must be placed on the access roads in accordance with Fire District standards. If the final asphalt cap is not in place at time of occupancy, hydrant location markers must still be installed and must be replaced when the final asphalt cap in completed.

D-28 The minimum fire flow required must be determined as specified by the current adopted edition of the International Fire Code Appendix B with adopted Amendments and the applicable Water Manual for the jurisdiction (whichever is more restrictive). The applicant must verify that the water purveyor can provide the required volume and duration at the project prior to obtaining a building permit.
35 RES. NO. 2023-01
CASE NO.: PD-S-2022-0001(Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
HeywoodZS20220002PDS2022001CCmtg1-23-23(klk)
D-29 All structures must be provided with an automatic fire sprinkler system in accordance with current VCFPD Ordinance at time of building permit application.

D-30 Plans for all fire protection systems (sprinklers, dry chemical, hood systems, etc.) must be submitted, with payment for plan check, to the Fire District for review and approval prior to installation. Note: Fire sprinkler systems with 20 or more heads must be supervised by a fire alarm system in accordance with Fire District requirements
D-31 A fire alarm system must be installed in all buildings in accordance with California Building and Fire Code requirements.

D-32 The building fire alarm system must be serviced and maintained in a proper working order at all times. Required maintenance inspections and service personnel must be in accordance with NFPA 72. Service records must be maintained on-site and available for review by the Fire Department upon request.

D-33 The building fire sprinkler system must be serviced and maintained in a proper working order at all times. Required maintenance inspections and service personnel must be in accordance with CCR Title 19, and VCFPD Ordinance. Service and maintenance records must be maintained on-site and available for review by the Fire Department upon request.

D-35 Fire extinguishers must be installed in accordance with the International Fire Code. The placement of extinguishers must be subject to review by the Fire District.

D-36 Commercial trash dumpsters and containers with an individual capacity of

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

E. RANCHO SIMI RECREATION AND PARK DISTRICT:

E-1 Applicant must provide the Rancho Simi Recreation and Park District (RSRPD) with the equivalent cash-in-lieu for 3.11 acres of developable parkland based on the Table of Values in effect at the time Grading Plans for PD-S-2022-0001 are approved by the City of Simi Valley. Park fees must be deposited with the RSRPD before a Zoning Clearance is approved by the City of Simi Valley. If the number or type of residential dwelling units 36 RES. NO. 2023-01
CASE NO.: PD-S-2022-0001(Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
HeywoodZS20220002PDS2022001CCmtg1-23-23(klk)
change prior to the issuance of a Zoning Clearance for the project, the Park Dedication Condition will be modified to accurately reflect actual development. Pursuant to authorization by the RSRPD Board of Directors, it is anticipated that cash-in-lieu funds received from PD-S-2022-0001 will be allocated to Rancho Simi Community Park upon concurrence of the Planning Commission.

E-2 If the proposed project includes new storm drain connections from the subject parcel to the Arroyo Simi Flood Control Channel, Applicant must submit to the Rancho Simi Recreation and Park District an implementation plan to temporarily detour the Arroyo Simi Bike Trail around the construction area. This detour plan must depict the proposed alternate route, detour signage, and location of all safety barriers. Any damage to the existing bike trail must be replaced to the satisfaction of the Park District.

I. ENVIRONMENTAL MITIGATION MONITORING CONDITIONS:

I-1 During clearing, grading, earthmoving, or excavation operations, excessive fugitive dust emissions must be controlled by regular watering or other dustpreventative measures using the following procedures as specified by the Ventura County Air Pollution Control District (VCAPCD), including, without limitation, VCAPCD Rule 50 (Opacity), Rule 51 (Nuisance), and Rule 55 (Fugitive Dust):
i. On-site vehicle speed must not exceed 15 miles per hour (the Project site will contain posted signs with the speed limit).
ii. All on-site construction roads with vehicle traffic must be watered periodically.
iii. Streets adjacent to the Project site must be swept as needed, to remove silt that may have accumulated from construction activities, to prevent excessive amounts of dust.
iv. All material excavated or graded must be sufficiently watered to prevent excessive amounts of dust. Watering must occur at least twice daily with complete coverage, preferably in the late morning and after work is done for the day.
v. All clearing, grading, earthmoving, or excavation activities must cease during periods of high winds (i.e., greater than 25 miles per hour averaged over 1 hour) to prevent excessive amounts of dust (contact VCAPCD meteorologist for current information about average wind speeds).
vi. All materials transported off site must be either sufficiently watered or securely covered to prevent excessive amounts of dust. 37 RES. NO. 2023-01
CASE NO.: PD-S-2022-0001(Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
HeywoodZS20220002PDS2022001CCmtg1-23-23(klk)
I-2 The area disturbed by clearing, grading, earthmoving, or excavation operations must be minimized to prevent excessive amounts of dust. These control techniques must be indicated on Project grading plans. The applicant and/or its contractor must be responsible for implementing these measures, and compliance with this measure will be subject to periodic site inspections by the City.

I-5 All trucks that will haul excavated or graded material on site must comply with California Vehicle Code Section 23114, with special attention to subsections 23114(b)(2)(F), (e)(2), and (e)(4) as amended, regarding the prevention of such material spilling onto public streets and roads.

I-7 To avoid disturbance of nesting and special status birds, including raptor species protected by the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code (CFGC), activities related to the project including, but not limited to, vegetation removal, ground disturbance, construction, and demolition shall occur outside of the bird breeding season (February 1 through August 30), if feasible. If construction must begin during the breeding season, then a preconstruction nesting bird survey shall be conducted no more than 14 days prior to the initiation of ground disturbance and vegetation removal activities. The nesting bird pre-construction survey shall be conducted on foot inside the project site boundary, including a 300-foot buffer (500-foot for raptors), and in inaccessible areas (e.g. private lands) from afar using binoculars to the extent practical. The survey shall be conducted by a biologist familiar with the identification of avian species known to occur in Southern California. If nests are found, an avoidance buffer (dependent upon the species, the proposed work activity, and existing disturbances associated with land uses outside of the site) shall be determined and demarcated by the biologist with bright orange construction 38 RES. NO. 2023-01
CASE NO.: PD-S-2022-0001(Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
HeywoodZS20220002PDS2022001CCmtg1-23-23(klk)
fencing, flagging, construction lathe, or other means to mark the boundary.

If a raptor nest is observed in a tree proposed for removal, the Applicant must consult with California Department of Fish and Wildlife (CDFW). All construction personnel shall be notified as to the existence of the buffer zone and instructed to avoid entering the buffer zone during the nesting season. No ground disturbing activities shall occur within this buffer until the avian biologist has confirmed that breeding/nesting is complete, and the young have fledged the next.

I-8 For all construction-related activities, noise attenuation techniques must be employed as needed to ensure that noise remains as low as possible during construction. The following noise attenuation techniques must be incorporated into contract specifications to reduce the impact of construction noise:
i. Ensure that construction equipment is properly muffled according to industry standards and in good working condition.
ii. Place noise-generating construction equipment, and locate construction-staging areas, away from sensitive uses, where feasible.
iii. Schedule high noise-producing activities between the hours of 7:00 AM and 5:00 PM to minimize disruption on sensitive uses. iv. Implement noise attenuation measures, to the extent feasible, which may include, but are not limited to, temporary noise barriers or noise blankets around stationary construction noise sources
v. Use electric air compressors and similar power tools rather than diesel equipment, where feasible.
vi. All stationary construction equipment (e.g., air compressors, generators, impact wrenches, etc.) must be operated as far away from residential uses as possible and must be shielded with temporary sound barriers, sound aprons, or sound skins. vii. Construction-related equipment including heavy-duty equipment, motor vehicles, and portable equipment, must be turned off when not in use for more than five minutes.
viii. Clearly post construction hours, allowable workdays, and the phone number of the job superintendent at all construction entrances to allow for surrounding owners to contact the job superintendent. If the City or the job superintendent receives a complaint, the superintendent must investigate, take appropriate corrective action, and report the action taken to the reporting party.
39 RES. NO. 2023-01
CASE NO.: PD-S-2022-0001(Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
HeywoodZS20220002PDS2022001CCmtg1-23-23(klk)
I-9 If cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease, and a qualified archaeologist meeting Secretary of Interior standards shall assess the find. Work on the portion of the Projects outside the buffered area may continue during this assessment period. The Fernandeño Tataviam Band of Mission Indians (FTBMI) shall be contacted about any pre-contact and/or post-contact finds and be provided information after the archaeologist makes their initial assessment of the nature of the find, to provide Tribal input with regards to significance and treatment.

I-10 Should the find be deemed significant, as defined by CEQA (as amended, 2015), the Project applicant shall retain a professional Native American monitor procured by the FTBMI to observe all remaining ground-disturbing activities including, but not limited to, excavating, digging, trenching, plowing, drilling, tunneling, quarrying, grading, leveling, clearing, driving posts, auguring, blasting, stripping topsoil or similar activity, and archaeological work
I-11 The Lead Agency and/or applicant shall, in good faith, consult with the FTBMI on the disposition and treatment of any Tribal Cultural Resource encountered during all ground-disturbing activities

END OF ALL CONDITIONS
40 RES. NO. 2023-01
CASE NO.: PD-S-2022-0001/Z-S-2022-0002 EXHIBIT C
APPLICANT: Heywood Street Associates LLC ____________
HeywoodZS20220002PDS2022001CCmtg1-23-23(klk)

MITIGATION MONITORING AND REPORTING PROGRAM
FOR PD-S-2022-0001/Z-S-2022-0002; THE CHURCHILL
Mitigation Measure When
Monitoring to
Occur
Department
Responsible
for Monitoring
Compliance Verification
Initial Date Comments
[Insert CEQA Environmental Section for the mitigation measure] (e.g. Air Quality, Biological Resources, Tribal Cultural Resources)
I-1 During clearing, grading, earthmoving, or
excavation operations, excessive fugitive
dust emissions must be controlled by
regular watering or other dustpreventative measures using the following procedures as specified by the Ventura
County Air Pollution Control District
(VCAPCD), including, without limitation,
VCAPCD Rule 50 (Opacity), Rule 51
(Nuisance), and Rule 55 (Fugitive Dust):
i. On-site vehicle speed must not
exceed 15 miles per hour (the Project
site will contain posted signs with the
speed limit).
ii. All on-site construction roads with
vehicle traffic must be watered
periodically.
iii. Streets adjacent to the Project site
must be swept as needed, to remove
silt that may have accumulated from
construction activities, to prevent
excessive amounts of dust.

Prior to
issuance of a
grading permit.

The grading
plans must
contain a note
committing to
this
requirement.

Environmental
Services
41 RES. NO. 2023-01
CASE NO.: PD-S-2022-0001/Z-S-2022-0002
APPLICANT: Heywood Street Associates LLC ____________
HeywoodZS20220002PDS2022001CCmtg1-23-23(klk)
Mitigation Measure When
Monitoring to
Occur
Department
Responsible
for Monitoring
Compliance Verification
Initial Date Comments
iv. All material excavated or graded must
be sufficiently watered to prevent
excessive amounts of dust. Watering
must occur at least twice daily with
complete coverage, preferably in the
late morning and after work is done for
the day.
v. All clearing, grading, earthmoving, or
excavation activities must cease
during periods of high winds (i.e.,
greater than 25 miles per hour
averaged over 1 hour) to prevent
excessive amounts of dust (contact
VCAPCD meteorologist for current
information about average wind
speeds).
vi. All materials transported off site must
be either sufficiently watered or
securely covered to prevent excessive
amounts of dust
I-2 The area disturbed by clearing, grading,
earthmoving, or excavation operations
must be minimized to prevent excessive
amounts of dust. These control
techniques must be indicated on Project
grading plans. The applicant and/or its
contractor must be responsible for
implementing these measures, and
compliance with this measure will be
Prior to
issuance of a
grading permit
the grading
plans must
contain a note
committing to
this
requirement.

Environmental
Services
42 RES. NO. 2023-01
CASE NO.: PD-S-2022-0001/Z-S-2022-0002
APPLICANT: Heywood Street Associates LLC ____________
HeywoodZS20220002PDS2022001CCmtg1-23-23(klk)
Mitigation Measure When
Monitoring to
Occur
Department
Responsible
for Monitoring
Compliance Verification
Initial Date Comments
subject to periodic site inspections by the
City.

I-3 Project grading plans must show for the
duration of construction, ozone precursor
emissions from construction equipment.

Vehicles must be controlled by
maintaining equipment engines in good
condition and in proper tune per
manufacturer’s specifications, to the
satisfaction of the City Engineer.

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

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

Environmental
Services
I-4 Construction equipment must be outfitted
with Best Available Control Technology
devices, including a California Air
Resources Board-certified Level 3 Diesel
Particulate Filter or equivalent control
device
Prior to
issuance of a
grading permit
the grading
plans must
contain a note
committing to
this
requirement.

Environmental
Services
I-5 All trucks that will haul excavated or
graded material on site must comply with
California Vehicle Code Section 23114,
Prior to
issuance of a
grading permit
Environmental
Services
43 RES. NO. 2023-01
CASE NO.: PD-S-2022-0001/Z-S-2022-0002
APPLICANT: Heywood Street Associates LLC ____________
HeywoodZS20220002PDS2022001CCmtg1-23-23(klk)
Mitigation Measure When
Monitoring to
Occur
Department
Responsible
for Monitoring
Compliance Verification
Initial Date Comments
with special attention to subsections
23114(b)(2)(F), (e)(2), and (e)(4) as
amended, regarding the prevention of
such material spilling onto public streets
and roads.
the grading
plans must
contain a note
committing to
this
requirement.

I-6 All trucks that will haul excavated or
graded material on site must comply with
California Vehicle Code Section 23114,
with special attention to subsections
23114(b)(2)(F), (e)(2), and (e)(4) as
amended, regarding the prevention of
such material spilling onto public streets
and roads.

Prior to
issuance of a
grading permit
the grading
plans must
contain a note
committing to
this requirement
Environmental
Services
I-7 To avoid disturbance of nesting and
special status birds, including raptor
species protected by the Migratory Bird
Treaty Act (MBTA) and California Fish
and Game Code (CFGC), activities
related to the project including, but not
limited to, vegetation removal, ground
disturbance, construction, and demolition
shall occur outside of the bird breeding
season (February 1 through August 30), if
feasible. If construction must begin during
the breeding season, then a
preconstruction nesting bird survey shall
be conducted no more than 14 days prior
to the initiation of ground disturbance and
Prior to
issuance of a
grading permit
the contract with
the biologist
must be
provided to the
Director of
Environmental
Services for
approval.

Environmental
Services
44 RES. NO. 2023-01
CASE NO.: PD-S-2022-0001/Z-S-2022-0002
APPLICANT: Heywood Street Associates LLC ____________
HeywoodZS20220002PDS2022001CCmtg1-23-23(klk)
Mitigation Measure When
Monitoring to
Occur
Department
Responsible
for Monitoring
Compliance Verification
Initial Date Comments
vegetation removal activities. The nesting
bird pre-construction survey shall be
conducted on foot inside the project site
boundary, including a 300-foot buffer
(500-foot for raptors), and in inaccessible
areas (e.g. private lands) from afar using
binoculars to the extent practical. The
survey shall be conducted by a biologist
familiar with the identification of avian
species known to occur in Southern
California. If nests are found, an
avoidance buffer (dependent upon the
species, the proposed work activity, and
existing disturbances associated with land
uses outside of the site) shall be
determined and demarcated by the
biologist with bright orange construction
fencing, flagging, construction lathe, or
other means to mark the boundary. If a
raptor nest is observed in a tree proposed
for removal, the Applicant must consult
with California Department of Fish and
Wildlife (CDFW). All construction
personnel shall be notified as to the
existence of the buffer zone and
instructed to avoid entering the buffer
zone during the nesting season. No
ground disturbing activities shall occur
within this buffer until the avian biologist
has confirmed that breeding/nesting is
45 RES. NO. 2023-01
CASE NO.: PD-S-2022-0001/Z-S-2022-0002
APPLICANT: Heywood Street Associates LLC ____________
HeywoodZS20220002PDS2022001CCmtg1-23-23(klk)
Mitigation Measure When
Monitoring to
Occur
Department
Responsible
for Monitoring
Compliance Verification
Initial Date Comments
complete, and the young have fledged the
next.

Environmental
Services
46 RES. NO. 2023-01
CASE NO.: PD-S-2022-0001/Z-S-2022-0002
APPLICANT: Heywood Street Associates LLC ____________
HeywoodZS20220002PDS2022001CCmtg1-23-23(klk)
Mitigation Measure When
Monitoring to
Occur
Department
Responsible
for Monitoring
Compliance Verification
Initial Date Comments
to, temporary noise barriers or noise
blankets around stationary
construction noise sources
v. Use electric air compressors and
similar power tools rather than diesel
equipment, where feasible.
vi. All stationary construction equipment
(e.g., air compressors, generators,
impact wrenches, etc.) must be
operated as far away from residential
uses as possible and must be shielded
with temporary sound barriers, sound
aprons, or sound skins.
vii. Construction-related equipment
including heavy-duty equipment,
motor vehicles, and portable
equipment, must be turned off when
not in use for more than five minutes.
viii.Clearly post construction hours,
allowable workdays, and the phone
number of the job superintendent at all
construction entrances to allow for
surrounding owners to contact the job
superintendent. If the City or the job
superintendent receives a complaint,
the superintendent must investigate,
take appropriate corrective action, and
47 RES. NO. 2023-01
CASE NO.: PD-S-2022-0001/Z-S-2022-0002
APPLICANT: Heywood Street Associates LLC ____________
HeywoodZS20220002PDS2022001CCmtg1-23-23(klk)
Mitigation Measure When
Monitoring to
Occur
Department
Responsible
for Monitoring
Compliance Verification
Initial Date Comments
report the action taken to the reporting
party
I-9 If cultural resources are discovered during
project activities, all work in the immediate
vicinity of the find (within a 60-foot buffer)
shall cease, and a qualified archaeologist
meeting Secretary of Interior standards
shall assess the find. Work on the portion
of the Projects outside the buffered area
may continue during this assessment
period. The Fernandeño Tataviam Band
of Mission Indians (FTBMI) shall be
contacted about any pre-contact and/or
post-contact finds and be provided
information after the archaeologist makes
their initial assessment of the nature of the
find, to provide Tribal input with regards to
significance and treatment.

Prior to
issuance of a
grading permit
the grading
plans must
contain a note
committing to
this requirement
Environmental
Services
I-10 Should the find be deemed significant, as
defined by CEQA (as amended, 2015),
the Project applicant shall retain a
professional Native American monitor
procured by the FTBMI to observe all
remaining ground-disturbing activities
including, but not limited to, excavating,
digging, trenching, plowing, drilling,
tunneling, quarrying, grading, leveling,
clearing, driving posts, auguring, blasting,
Prior to
issuance of a
grading permit
the grading
plans must
contain a note
committing to
this requirement
Environmental
Services
48 RES. NO. 2023-01
CASE NO.: PD-S-2022-0001/Z-S-2022-0002
APPLICANT: Heywood Street Associates LLC ____________
HeywoodZS20220002PDS2022001CCmtg1-23-23(klk)
Mitigation Measure When
Monitoring to
Occur
Department
Responsible
for Monitoring
Compliance Verification
Initial Date Comments
stripping topsoil or similar activity, and
archaeological work
I-11 The Lead Agency and/or applicant shall,
in good faith, consult with the FTBMI on
the disposition and treatment of any Tribal
Cultural Resource encountered during all
ground-disturbing activities
Prior to
issuance of a
grading permit
the grading
plans must
contain a note
committing to
this
requirement.

Environmental
Services
49 RES. NO. 2023-01
HeywoodZS20220002PDS2022001CCmtg1-23-23(klk)
RESOLUTION NO. 2023-02

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SIMI VALLEY APPROVING AN AFFORDABLE HOUSING
AGREEMENT (AHA-2022-0001) WITH HEYWOOD STREET
ASSOCIATES LLC, FOR THE DEVELOPMENT OF AN 83-
UNIT MULTI-FAMILY RESIDENTIAL BUILDING (“THE
CHURCHILL”) FOR PROPERTY LOCATED AT 1850

HEYWOOD STREET
WHEREAS, the City Council of the City of Simi Valley (“City Council”) proposes to enter into the certain Affordable Housing Agreement (AHA-2022-0001), attached hereto as Exhibit A, with Heywood Street Associates, LLC (“Developer”) for the development of a 83-unit apartment complex, containing five (5) affordable apartment units (“Project”), comprised of three 2-bedroom units and two 1-bedroom units, reserved for rental and occupancy by very low-income households at an affordable housing price for a period of fifty-five (55) years; on a 3.11-acre portion of a site (“Site”) located at 1850 Heywood Street, as described in the Agreement; and
WHEREAS, the Developer has submitted to the City Council a copy of the Affordable Housing Agreement (AHA-2022-0001) in a form executed by the Developer; and
WHEREAS, the Developer requested the City Council grant one (1) development concession and four (4) development waivers pursuant to the State Density Bonus Law, outlined in the Affordable Housing Agreement (AHA-2022-0001); and WHEREAS, the parties intend that the Affordable Housing Agreement (AHA-2022-0001) will satisfy the objectives of the City pursuant to the Housing Element of the City’s General Plan and State law to provide affordable housing opportunities for very low-income households; and
WHEREAS, the proposed Affordable Housing Agreement (AHA-2022- 0001) has been found to be consistent with the Mitigated Negative Declaration for the Project; and
WHEREAS, the City Council finds and determines that the City has duly considered all terms and conditions of the proposed Affordable Housing Agreement (AHA-2022-0001), and believes that the development of the Project on the Site pursuant thereto is in the best interests of the City of Simi Valley and the health, safety and welfare of its residents, and in accordance with the public purposes and provisions of applicable State and local laws and requirements.
50 HeywoodZS20220002PDS2022001CCmtg1-23-23(klk)

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

SECTION 1. That the above recitals are true and correct and have served, together with the Affordable Housing Agreement (AHA-2022-0001) attached hereto as Exhibit A, and as described in the January 23, 2023 City Council Staff Report, and incorporated herein by reference, as the basis for the approvals set below.

SECTION 2. The City Council hereby finds and determines that the Affordable Housing Agreement (AHA-2022-0001) is consistent with the provisions and goals of the Housing Element and the Implementation Plan in that the Project furthers General Plan Housing Element Policy HE-3.1, whereby the Project provides five (5) affordable apartment units, comprised of three 2-bedroom units and two 1-bedroom units, to qualified very low-income households, and furthers Implementation Plan objectives to increase housing options for very low-income households.

SECTION 3. The City Council grants one (1) development concession/ incentive as identified in the Affordable Housing Agreement (AHA-2022-0001), and as described in the January 23, 2023 City Council Staff Report.

SECTION 4. The City Council grants four (4) development waivers as identified in the Affordable Housing Agreement (AHA-2022-0001), and as described in the January 23, 2023 City Council Staff Report.

SECTION 5. The City Council hereby finds and determines that the five (5) affordable apartment units, comprised of three 2-bedroom units and two 1-bedroom units, to be provided by the Affordable Housing Agreement (AHA-2022-0001) will remain available at affordable housing cost to very low-income households for a period of 55 years.

SECTION 6. The City Council hereby approves the Affordable Housing Agreement (AHA-2022-0001) (Exhibit A) between the City of Simi Valley and Heywood Street Associates, LLC.

SECTION 7. The City Council and the officers of the City are hereby authorized and directed, jointly and severally, to do any and all things, to execute and deliver any and all documents which they may deem necessary or advisable in order to consummate the Affordable Housing Agreement (AHA-2022-0001) (Exhibit A) and to administer the transaction following its execution, and otherwise to effectuate the purposes of this resolution, and such actions previously taken by such officers are hereby ratified and confirmed.

SECTION 8. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk. 51 RES. NO. 2023-02
HeywoodZS20220002PDS2022001CCmtg1-23-23(klk)
PASSED and ADOPTED this 23rd day of January 2023.

Attest:

Lucy Blanco, City Clerk Fred D. Thomas, 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
52 RES. NO. 2023-02

EXHIBIT A
HeywoodZS20220002PDS2022001CCmtg1-23-23(klk)
SPACE ABOVE FOR RECORDER‘S USE
ONLY
The Undersigned declares that this
document is recorded for the benefit of
the City of Simi Valley and therefore is
exempt from the payment of a recording
fee pursuant to Government Code
Section 6103 & 27383.

APNs: 632-0-050-355 and 632-0-050-395

CITY OF SIMI VALLEY

AFFORDABLE HOUSING AGREEMENT

THE CHURCHILL
(HEYWOOD STREET ASSOCIATES LLC)
The land referred to in this Affordable Housing Agreement (AHA-2022-0001) is situated in the City of Simi Valley, County of Ventura, State of California on a 3.11-acre portion of a parcel generally located at 1850 Heywood Street, more particularly described in Exhibit “A”, attached.

These Restrictions provide rights to the City of Simi Valley in regulating the rental of the subject 83-unit apartment project, containing five (5) affordable units, for a period of fiftyfive (55) years from the issuance of a Certificate of Occupancy.

CITY OF SIMI VALLEY
Attn: City Clerk
2929 Tapo Canyon Road
Simi Valley, CA 93063
53 RES. NO. 2023-02
HeywoodZS20220002PDS2022001CCmtg1-23-23(klk)

AFFORDABLE HOUSING AGREEMENT

THE CHURCHILL

HEYWOOD STREET ASSOCIATES LLC
THIS AFFORDABLE HOUSING AGREEMENT (AHA-2022-0001) (“Agreement”) dated as of January 23, 2023 (the “Effective Date”) is entered into among the City of Simi Valley, California, a municipal corporation, hereinafter referred to as “City” and Heywood Street Associates LLC, a California limited liability company, hereinafter referred to as “Owner”.

The City and Owner are sometimes referred to as the “Parties”.

RECITALS
A. The Project Site consists of approximately 3.11-acre portion of a property located in the City of Simi Valley, County of Ventura, State of California, as described in Exhibit “A”, hereinafter referred to as the “Project Site”.

B. Owner has submitted applications to the City, PD-S-2022-0001, hereinafter referred to as the “Project Approvals”, requesting approval to develop a 83-unit apartment project containing five (5) affordable units, hereinafter referred to as the “Project”, on the Project Site.

C. The Project Site has a density of 26.7 units per acre, which would allow the Owner to construct 83 dwelling units on the Project Site. Owner has not sought and does not require a density bonus above the maximum allowable residential density to construct 83 dwelling units on the Project Site; however, Owner has requested a “concession” and “waivers” pursuant to California Government Code section 69515 (the “Density Bonus Law”).

D. In order to obtain a concession and waivers to allow for the development and operation of the Project, Owner has agreed to restrict the occupancy of five (5) of the dwelling units (“Affordable Units”), comprised of three 2-bedroom units and two 1- bedroom units, so that the Affordable Units are affordable to Very Low-Income Households at a rent that does not exceed thirty percent (30%) of fifty percent (50%) of area median income adjusted for family size appropriate for the unit, pursuant to the Density Bonus Laws and as provided in this Agreement.

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

NOW THEREFORE, City and Owner (as owner of the real property interests described above) declare that the Project Site shall be held, transferred, encumbered, used, sold, conveyed, leased and occupied subject to the covenants, conditions and restrictions hereinafter set forth expressly and exclusively for the use and benefit of said property. Each and all of the restrictions, limitations, conditions, covenants, liens, reservations and charges herein contained shall run with the land and be recorded on the property title and shall be binding on Parties, their grantees, successors, heirs, executors, administrators, devisees or assigns, and all subsequent owners of all or any part of the Project Site, during the term of this Agreement.
54 RES. NO. 2023-02
In consideration of the mutual promises, obligations, and covenants herein contained, the City and Owner agree as follows:

1. DEFINITIONS

1.01 “AHU” or “Affordable Housing Unit” means each of the five (5) units within the Project, comprised of three 2-bedroom units and two 1-bedroom units, which shall be reserved for rental to Qualified Tenants in accordance with the terms of this Agreement.

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

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

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

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

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

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

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

1.09 “Income Limit Schedule” means the Schedule of Income Limits for the County of Ventura most recently published and updated by the United States Department of Housing and Urban Development (“HUD”), and as set 55 RES. NO. 2023-02
forth in Title 25, California Code of Regulations Section 6952, issued by the California Department of Housing and Community Development including the Very Low-Income Limits for Ventura County, adjusted by household size.

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

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

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

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

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

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

3.02 of this Agreement.

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

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

2. DESIGNATION OF AFFORDABLE HOUSING UNITS; REGULATORY

INCENTIVES

2.01 Designation of a 83-Unit Apartment Project Containing Five (5) Affordable Housing Units. In exchange for a concession and waivers under the Density Bonus Law, Owner agrees that at all times during the term of this Agreement, five (5) units on the Project Site will be designated to be occupied exclusively by Qualified Tenants at the restricted rents identified in Paragraphs 5 and 5.04 (the “AHUs”).

2.02 Incentives and Waivers. Government Code Section 65915(d) requires that cities and counties provide a developer of a housing development that meets the requirements defined in subsection 65915(b) a specific number of “concessions or incentives” to Owner to assist with the feasibility of the 56 RES. NO. 2023-02
affordable housing project. The number of concessions provided depends on the percentage of the housing development that will be reserved for households at a particular income level. In addition, Government Code Section 65915(e) provides that a city or county shall not apply development standards that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted by Density Bonus Law. Owner hereby acknowledges receipt of at least one additional concession or incentive in exchange for Owner’s agreement to restrict the rents of the Affordable Housing Units. Owner has requested, and City has granted, the following concession (“Concession”) pursuant to Government Code Section 65915(d)(1), the State Density Bonus Law and Title 9 of the Simi Valley Municipal Code (SVMC):
 To increase the allowable building height from 40.0 feet to 45.6 feet set forth by Government Code Section 65915(d)(1).

Separately, Owner has requested, and City has granted, the following waivers (“Waivers”) pursuant to Government Code Section 65915(e)(1) and Title 9 of SVMC:
 To waive or reduce the 10’ wide landscape area along the streetfacing property line requirement set forth in SVMC 9-33.030(B).  To increase the number of stories from three (3) stories to four (4) stories set forth by Government Code Section 65915(e)(1).  To waive or increase allowable walking distance from the apartment entry door to the trash enclosure requirement set forth in SVMC 9-

35.050(D)(1);
 To waive or increase allowable walking distance from tenant parking to the apartment entry door requirement set forth in SVMC 9-

34.040(E).

3. TERM

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

3.02 Restricted Rental Period. City and Owner agree that the Restricted Rental Period shall commence on the Initial Rent Date for the first unit rented under this Agreement and shall terminate fifty-five (55) years after the issuance of a Certificate of Occupancy or equivalent for the Project. 57 RES. NO. 2023-02

4. TIME CONSTRAINTS

4.01 Maintenance of Entitlements. Owner shall maintain compliance with PD-S2022-0001 including extensions and/or modifications. Any violation of PDS-2022-0001 may result in the City declaring this Agreement null and void.

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

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

5. RENTS

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

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

5.03 Rent Adjustments.
(a) “Adjustment Date” means ninety (90) days following California Department of Housing and Community Development (“HCD”) issuance of updated Area Median Income limits (“AMI”), but in any event, not more frequently than annually as long as this Agreement remains in effect.
58 RES. NO. 2023-02
(b) On each Adjustment Date, the annual rent increase for each of the five (5) AHUs shall be limited to no more than the lesser of the following:
i. 5.0 percent; or
ii. The percentage increase in the Median Income Limit
for Ventura County.
(c) Notwithstanding Subparagraph (b), in no event shall the tenant portion of the rent for any Affordable Housing Unit exceed 30 percent of 50 percent of the Area Median Income amount, adjusted for household size as established by the California Department Housing and Community Development.

6. METHOD OF RENTAL

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

7. DETERMINATION OF TENANT ELIGIBILITY

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

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

Additionally, Owner shall obtain written certification of the anticipated income of all non-minor members of the tenant household for the 12-month period following the date of determination of income. Also, Owner shall complete and provide to the City an Affordable Housing Program Tenant Certification, Exhibit “B”, prior to use and City reasonably approves such use. Each AHU rented to a Qualified Tenant must be occupied by that household. Further, any AHU shall not be occupied by the Manager, and the Manager’s unit shall not be designated as an AHU.
59 RES. NO. 2023-02

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

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

8. OUTREACH PROGRAM

8.01 Outreach and Affordable/Affirmative Marketing Program. Owner shall submit for approval a detailed Outreach and Affordable/Affirmative Marketing Program (the “marketing program”), which shall include, but is not limited to advertising, publicity and promotion, to the Director not less than one hundred twenty (120) days prior to the projected completion of the Project. Owner may not commence marketing efforts of the AHUs as part of its overall Marketing Program for the Project, prior to approval of the Outreach and Affordable/Affirmative Marketing Program by the City, which approval shall not be unreasonably withheld or delayed. The purpose of the Outreach and Affordable/Affirmative Marketing Program shall be to solicit and obtain Qualified Tenants for occupancy of all AHUs, to establish a waiting list for units that may become available and to affirmatively further fair housing goals by designing a program that attracts prospective Qualifying Tenants of all majority and minority groups in the housing market area regardless of race, creed, color, religion, sex, national origin, marital status, status with regard to receipt of public assistance, or disability. The Affirmative Marketing Program should assure that any persons normally not likely to apply for the AHUs without special outreach efforts, know about the availability of the AHUs, feel welcome to apply and have the opportunity to rent an AHU. The marketing program shall begin prior to the occupancy of any apartment units within the Project and shall include the following:
(a) A print media schedule as shown on attached Exhibit “D” to be published in a newspaper of City-wide or regional circulation; 60 RES. NO. 2023-02
(b) Noticing and listing the Project throughout the life of this Agreement with the Area Housing Authority of Ventura County, the Senior Center, City Hall, Simi Valley Public Library, and, as appropriate for market conditions, the Simi Valley-Moorpark Association of Realtors, Simi Valley faith community, and such other similar agencies as the Director may designate;
(c) Notifying all persons on the Owner’s waiting list for affordable rental housing;
(d) Establishment of a telephone number for the Project with message capabilities to receive inquiries on vacant units, including the AHUs throughout the life of this Agreement;
(e) Continuous display of the fair housing logo in the rental office and in advertising;
(f) Budget to adequately fund the reasonably necessary expenses of the foregoing.

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

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

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

8.04 Awareness of the AHU Availability. Owner shall design the Outreach and Affordable/Affirmative Marketing Program to include provisions that create 61 RES. NO. 2023-02
and build audience awareness of the availability of AHUs and equal housing opportunities.

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

9. NOTICES, DISCLOSURES, AND RECORDS

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

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

Expiration. Owner shall comply with the requirements of Government Code Section 65863.10 and any other then-applicable federal, state or local laws related to the expiration of the affordability period.

9.02 Right of First Refusal/Preservation Notices. During the term of this Agreement, Owner must be in compliance with Government Code 65863.11 and any other then-applicable sections of State law.

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

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

9.04 City Notification. Owner shall make available to City, copies of all notices and housing information delivered under Paragraphs 9.01 through 9.03 within three (3) business days of demand by City. All notices required by Paragraphs 9.01 through 9.03 must be set forth in bold-faced or capitalized 62 RES. NO. 2023-02
letter, in a type face of at least 12 points, and shall be separately initialed by the tenants.

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

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

10. CONDITION AND MAINTENANCE OF UNITS/PROJECT

10.01 Project Architecture. All units in the Project shall have the same architectural, exterior, and interior treatments, with the exception of the units to be occupied by the Managers.

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

11. REPORTING AND AUDIT REQUIREMENTS

11.01 Status Reports. Beginning on the first anniversary of the Initial Rent Date for the first AHU rented in the Project, and continuing on each such annual anniversary thereafter during the Restricted Rental Period, Owner shall submit the following written reports to the Director:
(a) a copy of the waiting list (Exhibit “E”);
(b) a Unit Summary Report of all Affordable Housing Units (Exhibit “F”). 63 RES. NO. 2023-02

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

12. ENFORCEMENT PROVISION

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

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

13. SUCCESSORS AND ASSIGNS

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

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

13.02 Rights of Mortgage Holders. The provisions of this Agreement do not limit the right of the holder of any mortgage, deed of trust or other lien or encumbrance (collectively “Mortgage Holders”) to exercise any of its remedies for the enforcement of any pledge or lien upon the Property, provided however, that the obligations under this Agreement shall survive the exercise of such right through the remainder of the term of this Agreement pursuant to Section 3.01.
64 RES. NO. 2023-02

14. RECORDATION OF AGREEMENT

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

15. GENERAL PROVISIONS

15.01 Indemnity and Hold Harmless. Owner shall defend and provide legal defense with attorney(s) acceptable to the City, indemnify, and hold harmless the City, their agents, officials, officers, representatives and employees, from and against all claims, lawsuits, liabilities or damages of whatever nature arising out of or in connection with, or relating in any manner to any act or omission of Owner, its agents, employees, and subcontractors, and employees thereof, pursuant to the performance or non-performance of this Agreement. Owner shall thoroughly investigate any and all claims and indemnify the City and do whatever is commercially necessary to protect the City, its agents, officials, officers, representatives and employees as to any such claims, lawsuits, liabilities, expenses, or damages arising out of this Agreement. Further, Owner shall not bring any claims, cross-claims, actions or cross-complaints against the City, its agents, employees or representatives, arising out of any disputes between Owner and third parties as to the City approvals or the issuance of building permits for this Project.

15.02 Time is of the Essence. The Parties hereto agree that time is of the essence in the performance of this Agreement. No waiver by any of the Parties to this Agreement or the non-performance or any breach of any term, provision or condition of this Agreement or any default hereunder shall be considered to be or operate as a waiver of any subsequent non-performance, breach or default.

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

15.04 Modifications. The Parties hereto each agree that no addition to or modification or waiver of any term or provision of this Agreement shall be effective unless set forth in writing, in the same manner and form as originally adopted and signed by both the City and Owner except that the City reserves the right to make minor amendments to this Agreement, which may become necessary due to changes in governmental regulations or other requirements affecting the parties involved in the arrangement of project financing so long as such amendments do not materially or 65 RES. NO. 2023-02
substantially modify the terms contained in this Agreement and do not add to the costs to be incurred by the City. The parties hereto further agree that oral agreements or understandings shall be of no force or effect whatsoever.

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

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

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

15.08 Non-Discrimination. All of the Units shall be available for occupancy on a continuous basis to members of the general public. Owner shall not give preference to any particular class or group of persons in renting the Units, except to the extent that five (5) units are required to be leased to Very LowIncome Households.

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

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

All leases or contracts made relative to the Project, the improvements thereon or any part thereof, shall contain or be subject to substantially the following nondiscrimination clause:
66 RES. NO. 2023-02
“There shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed religion, sex, sexual orientation, source of income, marital status, physical or mental handicap, medical condition, national origin or ancestry in the sale, lease, sublease transfer, use occupancy, tenure or enjoyment of the Project nor shall lessee [or the contractor] or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the election location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the Project.”

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

15.10 Default. If Owner defaults in the performance or observation of any covenant, agreement or obligation set forth in this Agreement, and if such default remains uncured for a period of sixty (60) days after written notice thereof shall have been given by the City to Owner, then the City may declare an “Event of Default” to have occurred hereunder, and, at its option, may take any one or more of the following steps:
(a) By mandamus or other suit, action or proceeding at law or in equity, require the Owner to perform its obligations and covenants hereunder or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder;
(b) Have access to and inspect, examine and make copies of all of the books and records of the Owner pertaining to the five (5) AHUs; (c) Take such other action at law or in equity a may appear necessary or desirable to enforce the obligations, covenants and agreements of the Owner.

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

15.12 Covenants to Run with the Land. Owner hereby subjects the Project (including the Project Site) to the covenants, reservations and restrictions set forth in this Agreement. The City and Owner hereby declare their express intent that the covenants, reservations and restrictions set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors in title to the Project; provided, however, that on the termination of this Agreement, said covenants, reservations and restrictions shall expire. Each and every contract, deed or other instrument hereafter executed covering or conveying the Project or 67 RES. NO. 2023-02
any portion thereof shall conclusively be held to have been executed delivered and accepted subject to such covenants, reservations and restrictions regardless of whether such covenants, reservations and restrictions are set forth in such contract deed or other instrument. Owner, by and for itself and each successor to any interest in the Project, hereby specifically acknowledges and agrees to be bound by the covenants contained herein.

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

To City: City of Simi Valley
Attn: Environmental Services Director
2929 Tapo Canyon Road
Simi Valley, CA 93063
To Owner: Heywood Street Associates LLC
Attn: Adrian Stern
17404 Ventura Blvd., Second Floor
Encino, CA 91316
With a Copy To: Heywood Street Associates LLC
Attn: Chris Itule
920 Hampshire Road, Suite A4
Westlake Village, CA 91361
Or to the owner of record or successor in title to the subject Project.

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

15.14 Attorney’s Fees. The parties hereto each agree that if any party hereto institutes any legal proceedings to enforce any provision of this Agreement or for damages by reason of any alleged breach of this Agreement, the prevailing party shall be entitled to recover from the other party all costs of suit, including such amount as the court may award a reasonable attorney’s fees for services rendered to the prevailing party in such proceeding. The parties hereto further agree that partial granting of the prayed for relief shall be sufficient to constitute “prevailing” in any such action. 68 RES. NO. 2023-02

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

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

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

15.18 Entire Agreement. This Agreement, together with its attachments and writings expressly incorporated herein, constitutes the full and total understanding between the Parties hereto, construed according to the laws of the State of California, and supersedes all prior agreements between the Parties hereto.

15.19 Execution In Counterparts. This Agreement may be executed in any number of counterparts, each of which, when executed and delivered to City, will be deemed to be an original and all of which, taken together, will be deemed to be one and the same instrument.
69 RES. NO. 2023-02
IN WITNESS THEREOF, the Parties hereto have executed this instrument as of the date first above written.

Attest:

Lucy Blanco, City Clerk
City of Simi Valley, a municipal corporation
Fred D. Thomas, Mayor of the City of
Simi Valley, California
Approved as to Form:

David L. Caceres, City Attorney
Heywood Street Associates LLC, A
California limited liability company
By: Chris Itule
Its: Managing Member
Approved as to Content:

Brian Paul Gabler, City Manager
Stratis Perros,
Environmental Services Director
Exhibits List
Exhibit A: Legal Description
Exhibit B: Affordable Housing Program Tenant Certification Exhibit C: Affordable Housing Program Tenant Recertification Exhibit D: Affordable Housing Program Outreach Plan / Print Media Schedule Exhibit E: Affordable Housing Agreement Waiting List
Exhibit F: Affordable Housing Program Unit Summary Report Exhibit G: Declaration of Conditions and Restrictions
70 RES. NO. 2023-02
EXHIBIT "A"

LEGAL DESCRIPTION
APNs: 632-0-050-355 AND 632-0-050-395
PARCEL 2 AS SHOWN ON THE MAP ENTITLED PARCEL MAP NO. LD-S-667 FILED APRIL 15, 2015 IN BOOK 70 OF PARCEL MAPS, AT PAGES 67 TO 70 INCLUSIVE, IN THE CITY OF SIMI VALLEY, COUNTY OF VENTURA, STATE OF CALIFORNIA.

EXCEPT THEREFROM ONE-TENTH PART OF THE TOTAL (GROSS) OIL, GAS OR

OTHER KINDRED SUBSTANCES OR OTHER MINERALS EXTRACTED FROM SAID

LAND AS RESERVED BY VENTURA LAND AND WATER COMPANY, A
CORPORATION, RECORDED FEBRUARY 7, 1929 IN BOOK 239 PAGE 493, OF OFFICIAL RECORDS.

ALSO EXCEPT THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN AND TO A

NINE-TENTHS PART OF THE TOTAL (GROSS) OIL, GAS OR OTHER KINDRED

SUBSTANCES OR OTHER MINERALS IN, UPON OR UNDERLYING SAID LAND OR

HEREAFTER EXTRACTED THEREFROM AS RESERVED BY PACIFIC STATES SAVINGS AND LOAN COMPANY IN DEED RECORDED JULY 10, 1947 IN BOOK 789 PAGE 376, OF OFFICIAL RECORDS.
71 RES. NO. 2023-02
EXHIBIT “B”

CITY OF SIMI VALLEY

AFFORDABLE HOUSING PROGRAM TENANT CERTIFICATION

THE CHURCHILL APARTMENTS, SIMI VALLEY
Manager:

Name: Date:

Address: Phone:

Number of persons in household:

List all persons who reside in unit:

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

Total Household Income:
1) Previous Year Annual Gross Income (Attach Verification) Name Source Amount
Total Gross Monthly Income:
72 RES. NO. 2023-02
2) Current Monthly Gross Income (Attach Verification)
Name Source Amount
Total Gross Monthly Income:

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

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

Signed: Date:

Signed:

Date:

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

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

Not Approved Date:

EXHIBIT “C”
73 RES. NO. 2023-02

CITY OF SIMI VALLEY

AFFORDABLE HOUSING PROGRAM TENANT RECERTIFICATION

THE CHURCHILL APARTMENTS, SIMI VALLEY
Manager:

Name: Date:

Address: Phone:

Number of persons in household:

List all persons who reside in unit:

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

Total Household Income:
1) Current Monthly Gross Income (Attach Verification)
Name Source Amount
Total Gross Monthly Income:
74 RES. NO. 2023-02
The information on this form is provided solely for the purpose of determining eligibility for the City of Simi Valley Affordable Housing Program. This information is confidential and, except as may be required by the City of Simi Valley or Owner, any use of this information is strictly prohibited without written consent of the applicant. Acknowledgment of this paragraph does not constitute written permission.

Signed: Date:

Signed:

Date:

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

Income Level:

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

Not Approved Date:
75 RES. NO. 2023-02
EXHIBIT “D”

CITY OF SIMI VALLEY

AFFORDABLE HOUSING AGREEMENT OUTREACH PLAN / PRINT MEDIA SCHEDULE

THE CHURCHILL APARTMENTS, SIMI VALLEY

PUBLICATION NAME AND CITY DATES APPEARING SIZE OF ADVERTISEMENT

FROM TO
_________________________________________________________________________________________________

OFFICE USE ONLY
ATTACHMENTS: __________ Certification of Publication
__________ Sample Copy of Text
76 RES. NO. 2023-02
EXHIBIT "E"

CITY OF SIMI VALLEY

AFFORDABLE HOUSING AGREEMENT WAITING LIST

THE CHURCHILL APARTMENTS, SIMI VALLEY
PROJECT: DATE SUBMITTED:

MANAGER:

DATE NAME ADDRESS PHONE
# OF

BEDROOMS
PREFER
HOUSEHOLD SIZE
VERY

LOW DATE PLACED IN UNIT
77 RES. NO. 2023-02
EXHIBIT “F"

CITY OF SIMI VALLEY

AFFORDABLE HOUSING AGREEMENT

UNIT SUMMARY REPORT OF ALL AFFORDABLE HOUSING UNITS

THE CHURCHILL APARTMENTS, SIMI VALLEY
PROJECT: DATE SUBMITTED:

MANAGER:

UNIT
#

RESIDENT
NAME
DATE
MOVED
INTO
UNIT
MOVE
IN
RENT
RENT
ADJUST.

DATE
RENT
ADJUST.

AMOUNT

CURRENT
RENT
TOTAL
HOUSEHOLD
INCOME
# IN
HOUSEHOLD
#
BDRMS
VERY
LOW
78 RES. NO. 2023-02
EXHIBIT “G”

DECLARATION OF CONDITIONS AND RESTRICTIONS

REQUESTED BY AND
WHEN RECORDED MAIL TO:

CITY OF SIMI VALLEY
Attn: City Clerk
2929 Tapo Canyon Road
Simi Valley, CA 93063

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

APNs: 632-0-050-355 AND 632-0-050-395
______________________________________________________________________

DECLARATION OF CONDITIONS AND RESTRICTIONS

ON THE TRANSFER OF TITLE OR INTEREST IN REAL PROPERTY

THE CHURCHILL
(HEYWOOD STREET ASSOCIATES LLC)
The land referred to is situated in the City of Simi Valley, County of Ventura, State of California, and more particularly described in Exhibit A attached hereto and incorporated herein.

Notice is hereby given that the Project and Project Site described herein is conditioned and the transfer of title and/or interest restricted by the City of Simi Valley (City) as set forth in that document entitled Affordable Housing Agreement (AHA-2022-0001) (the "Agreement"), recorded in the Official Records of the Office of the County Recorder, County of Ventura, State of California, which is hereby incorporated by reference herein.

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

Said restrictions further require the following:
79 RES. NO. 2023-02

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

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

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

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

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

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

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

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

IN WITNESS THEREOF, the parties hereto have executed this instrument on the 23rd day of January, 2023.

City of Simi Valley HEYWOOD STREET ASSOCIATES LLC,
A Municipal Corporation A California Limited Liability Company Company
Brian Paul Gabler, City Manager By: Chris Itule
Its: Managing Member
Dated: Dated:
80 RES. NO. 2023-02
Home ofThe Ronald Reagan Presidential Library

NOTICE OF THE RELEASE FOR PUBLIC REVIEW AND

INTENT TO ADOPT A MITIGATED NEGATIVE
DECLARATION BY THE CITY OF SIMI VALLEY ON Z-S2022-0002/PD-S-2022-0001/AHA-2022-0001 TO CHANGE THE ZONING FOR A .22-ACRE PORTION OF A VACANT

4.57-ACRE SITE FROM COMMERCIAL OFFICE TO

RESIDENTIAL VERY HIGH DENSITY, IN ORDER TO
CONSTRUCT A NEW 83 UNIT MULTI-FAMILY

RESIDENTIAL BUILDING WITH FOUR AFFORDABLE

UNITS, AND AN AFFORDABLE HOUSING AGREEMENT
ON A 3.11-ACRE PORTION OF A 4.57-ACRE VACANT LOT
LOCATED AT 1850 HEYWOOD STREET
NOTICE IS HEREBY GIVEN of the release for public review of a Mitigated Negative Declaration for Z-S-2022-0002/PD-S-2022-0001/AHA-2022-0001, for the application of Heywood Street Associates LLC. The project consists of a Zone Change (Z-S-2022-0002) from Commercial Office (CO) to Residential Very High Density (RVH) for a .22-acre portion of a 4.57-acre site, for the construction of a new 83-unit multi-family residential building (PD-S-2022-0001 ), with four affordable units, on a 3.11-acre portion of a 4.57-acre vacant lot located at 1850 Heywood Street. The project also includes a density bonus, concessions, and waivers as part of the Affordable Housing Agreement (AHA-2022-0001 ).

Based upon the results of the Initial Study prepared for the project, it has been determined that the project would not have a potential for a significant impact on the environment; therefore, a Mitigated Negative Declaration has been prepared. The public review period for the Mitigated Negative Declaration is from October 28, 2022, through November 16, 2022. The Mitigated Negative Declaration and Initial Study are available for public review at www.simivalley.org/CEQA; Simi Valley City Hall, Department of Environmental Services, 2929 Tapo Canyon Road; and at the Simi Valley Public Library, 2969 Tapo Canyon Road. Copies of the studies cited in the Initial Study can be reviewed at the Department of Environmental Services, 2929 Tapo Canyon Road. Comments or questions should be directed to Elizabeth Richardson, Department of Environmental Services, 2929 Tapo Canyon Road, Simi Valley, CA 93063-2100; [email protected], or at (805) 583-6334.

No Public Hearing has been set at this time.

SEAN GIBSON, Deputy Environmental
Services Director/ City Planner
Department of Environmental Services
Elizabeth Richardson, Associate Planner
[email protected] (805) 583-6334
Department of Environmental Services
Keith L. Mashburn, Mayor Elaine P. Litster, Mayor Pro Tern Mike Judge, Council Member Dee Dee Cavanaugh, Council Member Ruth Luevanos, Council Member P 20/10-22(sy) 2929 Tapo Canyon Road, Simi Valley, CA 93063-2199 805.583.6700 www.simivalley.org EXHIBIT 1
81 CITY OF SIMI VALLEY
Home ofThe Ronald Reagan Presidential Library
REVIEW PERIOD: October 28, 2022 - November 16, 2022
TO:

FROM:

SUBJECT:

All Interested Parties
Department of Environmental Services

REQUEST FOR REVIEW OF THE INITIAL STUDY AND

MITIGATED NEGATIVE DECLARATION FOR ZONE CHANGE
(Z-S-2022-0002) PLANNED DEVELOPMENT PERMIT
(PD-S-2022-0001) AND AFFORDABLE HOUSING AGREEMENT
(AHA-2022-0001 ), TO CHANGE THE ZONING FOR A .22-ACRE
PORTION OF A VACANT 4.57-ACRE SITE FROM COMMERCIAL

OFFICE TO RESIDENTIAL VERY HIGH DENSITY, IN ORDER TO
CONSTRUCT A NEW 83-UNIT MUL Tl-FAMILY RESIDENTIAL

BUILDING WITH FOUR AFFORDABLE UNITS, WITH AN
AFFORDABLE HOUSING AGREEMENT ON A 3.11-ACRE
PORTION OF A 4.57-ACRE VACANT LOT LOCATED AT 1850

HEYWOOD STREET
The attached Mitigated Negative Declaration and Initial Study have been forwarded to you for possible comments relating to your specific area of interest. Comments should be directed to:

Elizabeth Richardson, Associate Planner
City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, California 93063
(805) 583-6334 / [email protected]
Keith L. Mashburn, Mayor Elaine P. Litster, Mayor Pro Tern Mike Judge, Council Member Dee Dee Cavanaugh, Council Member Ruth Luevanos, Council Member 2929 Tapo Canyon Road, Simi Valley, CA 93063-2 7 99 805.583.6700 www.simivalley.org MND Z-S-2022-0002/PD-S-2022-0001/AHA-2022-0001, Heywood Street Associates LLC (sy) 82 2
MND Z-S-2022-0002/PD-S-2022-0001/AHA-2022-0001, Heywood Street Associates LLC (sy) Copies sent to:

City Council
City Manager
City Attorney’s Office
Planning Commission
City Departments:

City Manager’s Office
City Clerk
Environmental Services
Deputy Director/City Planner
Principal Planner/Zoning Administrator
Case Planner Elizabeth Richardson
Neighborhood Council Coordinator
Neighborhood Council #3
Recording Secretary
Counter Copy
Public Works Department
Engineering
Utilities
Maintenance
Simi Valley Library (2)
County of Ventura
Resource Mgmt. Agency
Watershed Protection District
Fire Protection District
LAFCO
Other Government Agencies
State Clearinghouse
(https://ceqanet.opr.ca.gov)

California Department of Fish and Wildlife
U.S. Army Corps of Engineers
U.S. Fish and Wildlife Service
SCAG Clearinghouse
Calleguas Municipal Water District
Ventura County Air Pollution Control District
City of Moorpark
City of Thousand Oaks
Rancho Simi Recreation and Park District
Santa Monica Mountains Conservancy
Simi Valley Unified School District
Native American Heritage Commissions
Fernandeno Tataviam Band of Mission Indians

Applicant:

Heywood Street Associates LLC
Attn: Chris Itule
920 Hampshire Road, Suite A4
Westlake Village, CA 91361
83 3
MND Z-S-2022-0002/PD-S-2022-0001/AHA-2022-0001, Heywood Street Associates LLC (sy)

CITY OF SIMI VALLEY

MITIGATED NEGATIVE DECLARATION
(NO SIGNIFICANT IMPACT ON THE ENVIRONMENT)
REVIEW PERIOD: October 28, 2022 – November 16, 2022
APPLICANT: Heywood Street Associates LLC
Attn: Chris Itule
920 Hampshire Road, Suite A4
Westlake Village, CA 91361
CASE PLANNER: Elizabeth Richardson, Associate Planner

ENVIRONMENTAL
PLANNER: Elizabeth Richardson, Associate Planner
PROJECT NO.: Z-S-2022-0002/PD-S-2022-0001/ /AHA-2022-0001 (The Churchill Apartments)
PROJECT DESCRIPTION: ZONE CHANGE, PLANNED DEVELOPMENT PERMIT AND

AFFORDABLE HOUSING AGREEMENT TO CHANGE THE
ZONING FOR A .22-ACRE PORTION OF THE SITE FROM

COMMERCIAL OFFICE TO RESIDENTIAL VERY HIGH
DENSITY IN ORDER TO CONSTRUCT A NEW 83-UNIT

MULTI-FAMILY RESIDENTIAL BUILDING WITH FOUR

AFFORDABLE UNITS WITH DENSITY BONUS
CONCESSIONS AND WAIVERS ON A 3.11-ACRE PORTION
OF A VACANT 4.57-ACRE PARCEL LOCATED AT 1850

HEYWOOD STREET
PROJECT LOCATION: 1850 Heywood Street, Simi Valley, CA 93065 On the basis of the Initial Study for the project, it has been determined that the project would not have a potential for a significant effect on the environment. This document constitutes a Mitigated Negative Declaration based upon the inclusion of the following measures into the project by the applicant:

I-1 During clearing, grading, earthmoving, or excavation operations, excessive fugitive dust emissions must be controlled by regular watering or other dust-preventative measures using the following procedures as specified by the Ventura County Air Pollution Control District (VCAPCD), including, without limitation, VCAPCD Rule 50 (Opacity), Rule 51 (Nuisance), and Rule 55 (Fugitive Dust):
i. On-site vehicle speed must not exceed 15 miles per hour (the Project site will contain posted signs with the speed limit).
ii. All on-site construction roads with vehicle traffic must be watered periodically. iii. Streets adjacent to the Project site must be swept as needed, to remove silt that may have accumulated from construction activities, to prevent excessive amounts of dust. 84 4
MND Z-S-2022-0002/PD-S-2022-0001/AHA-2022-0001, Heywood Street Associates LLC (sy) iv. All material excavated or graded must be sufficiently watered to prevent excessive amounts of dust. Watering must occur at least twice daily with complete coverage, preferably in the late morning and after work is done for the day. v. All clearing, grading, earthmoving, or excavation activities must cease during periods of high winds (i.e., greater than 25 miles per hour averaged over 1 hour) to prevent excessive amounts of dust (contact VCAPCD meteorologist for current information about average wind speeds).
vi. All materials transported off site must be either sufficiently watered or securely covered to prevent excessive amounts of dust.

I-2 The area disturbed by clearing, grading, earthmoving, or excavation operations must be minimized to prevent excessive amounts of dust. These control techniques must be indicated on Project grading plans. The applicant and/or its contractor must be responsible for implementing these measures, and compliance with this measure will be subject to periodic site inspections by the City.

I-7 To avoid disturbance of nesting and special status birds, including raptor species protected by the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code (CFGC), activities related to the project including, but not limited to, vegetation removal, ground disturbance, construction, and demolition shall occur outside of the bird breeding season (February 1 through August 30), if feasible. If construction must begin during the breeding season, then a preconstruction nesting bird survey shall be conducted no more than 14 days prior to the initiation of ground disturbance and vegetation removal activities. The nesting bird pre-construction survey shall be conducted on foot inside the project site boundary, including a 300-foot buffer (500-foot for raptors), and in inaccessible areas (e.g. private lands) from afar using binoculars to the extent practical. The survey shall be conducted by a biologist familiar with the identification of avian species known to occur in Southern California. If nests are found, an avoidance buffer (dependent upon the species, the proposed work activity, and existing disturbances associated with land uses outside of the site) shall be determined and demarcated by the biologist with bright orange construction fencing, flagging, construction lathe, or other means to mark the boundary. If a raptor nest is observed in a tree proposed for removal, the Applicant must consult with California Department of Fish and Wildlife (CDFW). All construction personnel shall be 85 5
MND Z-S-2022-0002/PD-S-2022-0001/AHA-2022-0001, Heywood Street Associates LLC (sy) notified as to the existence of the buffer zone and instructed to avoid entering the buffer zone during the nesting season. No ground disturbing activities shall occur within this buffer until the avian biologist has confirmed that breeding/nesting is complete, and the young have fledged the next.

I-9 If cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease, and a qualified archaeologist meeting Secretary of Interior standards shall assess the find. Work on the portion of the Projects outside the buffered area may continue during this assessment period. The Fernandeño Tataviam Band of Mission Indians (FTBMI) shall be contacted about any precontact and/or post-contact finds and be provided information after the archaeologist makes their initial assessment of the nature of the find, to provide Tribal input with regards to significance and treatment.

I-10 Should the find be deemed significant, as defined by CEQA (as amended, 2015), the Project applicant shall retain a professional Native American monitor procured by the FTBMI to observe all remaining ground-disturbing activities including, but not limited to, excavating, digging, trenching, plowing, drilling, tunneling, quarrying, grading, leveling, clearing, driving posts, auguring, blasting, stripping topsoil or similar activity, and archaeological work.
86 1-11 The Lead Agency and/or applicant shall, in good faith, consult with the FTBMI on the disposition and treatment of any Tribal Cultural Resource encountered during all ground-disturbing activities.

RESPONSIBLE AGENCIES: None
TRUSTEE AGENCIES: None
Planner
6 MND Z-S-2022-0002/PD-S-2022-0001 /AHA-2022-0001, Heywood Street Associates LLC (sy) 87 7
MND Z-S-2022-0002/PD-S-2022-0001/AHA-2022-0001, Heywood Street Associates LLC (sy)

CITY OF SIMI VALLEY

PLANNING DIVISION

DEPARTMENT OF ENVIRONMENTAL SERVICES

INITIAL STUDY

1. Project Title: The Churchill Apartments (PD-S-2022-
0001/Z-S-2022-0002/AHA-2022-0001)

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

Simi Valley, CA 93063

3. Contact Person and Phone Number/Email: Elizabeth Richardson (805) 583-6334 [email protected]

4. Project Location: 1850 Heywood Street, Simi Valley, CA 93065

5. Project Sponsor's Name and Address: Heywood Street Associates LLC Attn: Chris Itule
920 Hampshire Road, Suite A4
Westlake Village, CA 91361

6. Current General Plan Designation: Very High Density Residential and Office Commercial

7. Current Zoning: Residential Very High Density (RVH) and Commercial Office (CO)

8. Description of Project:

The Applicant, Heywood Street Associates LLC, proposes to construct a four-story, 83-unit apartment building on a 3.11-acre portion of a 4.57-acre vacant lot located on the south side of Heywood Street, west of Erringer Road (1850 Heywood Street). The project includes an Affordable Housing Agreement for the provision of four affordable units (5%) set aside to verylow-income qualified renters. A small portion of the site (.22 acres) will be rezoned from Commercial Office to Residential Very High Density.

The 83-unit apartment complex will be four stories, with the fourth story component located at the rear of the building. The building will include 45 one-bedroom units ranging in size between 800 and 810 square feet and 38 two-bedroom units ranging in size between 1,022 and 1,463 square feet.

Four units (5%) will be set aside as affordable units for very-low-income qualified renters.

The project will include amenities for the residents such as a swimming pool, fitness center, community room, media room, and common areas
The request includes a zone change to modify the zoning of the northwesterly 0.22-acre portion of the site from Commercial Office (CO) to Residential Very High Density (RVH). The purpose of the zone change is to incorporate a portion of the property previously used as access to the adjacent property, also zoned CO, into the overall site design of the new apartment complex. 88 8
MND Z-S-2022-0002/PD-S-2022-0001/AHA-2022-0001, Heywood Street Associates LLC (sy) Affordable Housing
The Applicant is providing four affordable housing units for the very low-income qualified renters (5%). Per Government Code Section 65915, this qualifies the project for a 20% density bonus, modified parking requirements, one concession, and multiple waivers as long as the waivers do not impose a life or safety hazard.

The applicant has requested one Concession to increase the allowable building height from 40 feet to 45 feet 6 inches and a waiver to allow four stories instead of three stories. The Applicant proposes to mitigate the additional building height and additional story by locating the additional massing at the southern (rear) portion of the building.

Additionally, State Density Bonus Law Concessions reduce the parking ratios for affordable housing projects. The project proposes four very-low-income units making the project eligible for reduced parking. For one-bedroom units, the State’s parking calculation is 1 parking space per unit, and for two-bedroom units the State’s parking calculation is 1.5 spaces per unit.

Bedrooms Parking Calculation Required Parking Spaces
1-bedroom (45 units) 1 space per unit x 45 units 45 parking spaces 2-bedroom (38 units) 1.5 spaces per unit x 38 units 57 parking spaces Guest Parking None Required None Required
Total Parking Spaces 102 parking spaces
By State Law the project must provide 102 parking spaces for tenants and no guest parking is required. The project will have a surplus of 29 parking spaces.

The applicant is requesting four Waivers that include: 1) increase number of stories from 3 to 4 stories, 2) reduction of the 10-foot wide landscaping buffer along Heywood Street to 5 feet 2 inches, 3) increased walking distance to trash enclosures, and 4) increased walking distance to tenant parking spaces

9. Surrounding Land Uses and Setting:

The overall 4.57-acre site is vacant but was previously developed as a hospital campus.

Vegetation on the site consists of remaining ornamental trees and weedy areas, and the terrain is generally level. Heywood Street and medical buildings exist to the north and northeast of the site, a senior apartment building exists to the west, Erringer Road to the east with a townhouse development beyond, and the Arroyo Simi borders the site to the south with Rancho Simi Park beyond. A multi-use recreation trail runs along the south boundary as well.

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

None

11. Date Deemed Complete/Ready to Process: August 12, 2022

12. A site inspection was performed on:

Date: September 30, 2022 By: Elizabeth Richardson, Associate Planner 89 9
MND Z-S-2022-0002/PD-S-2022-0001/AHA-2022-0001, Heywood Street Associates LLC (sy)

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

14. Location Map
90 10
MND Z-S-2022-0002/PD-S-2022-0001/AHA-2022-0001, Heywood Street Associates LLC (sy)

15. Aerial Photograph

16. Site Plan

91 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:

This project would potentially affect the environmental factor(s) marked "Yes" below, involving at least one impact that is "Less than Significant with Mitigation Incorporated" as indicated by the checklist on the following pages:

Aesthetics
Agriculture and Forestry
Air Quality
Biological Resources
Cultural Resources
Energy
Geology/Soils
Greenhouse Gas Emissions
Hazards & Hazardous
Materials
Hydrology/Water Quality
Land Use/Planning
DETERMINATION:

On the basis of this initial evaluation:
�
�
Yes
�
�
�
�
Yes
�
�
Mineral Resources
Noise
Population/Housing
Public Services
Recreation
Transportation
Tribal Cultural Resources
Utilities/Service Systems
Wildfire
Mandatory Findings of
Significance
D I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
[8J I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

D I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

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

D I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. to(i"/zJ..

Date Sean Gibson, Deputy Environmental Services Director/City Planner 11 MND Z-S-2022-0002/PD-S-2022-0001/AHA-2022-0001, Heywood Street Associates LLC (sy) 92 Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
12 MND Z-S-2022-0002/PD-S-2022-0001/AHA-2022-0001, Heywood Street Associates LLC (sy) Issues and Supporting Sources:

I. AESTHETICS. Except as provided in Public Resources Code Section 21099, would the project:
a) Have a substantial adverse effect on a scenic vista? The environmental planner conducted a site visit to evaluate the project’s impact on the site, surrounding land uses, scenic vistas, scenic resources, and the existing visual character. The project is proposed on a 3.11-acre portion of a previously graded 4.57-acre parcel, all of which is relatively level. Based on a review of the site plan for the project, a three and four story multi-family residential development consisting of 83 apartment units, will be constructed on the west portion of the vacant site. In addition, the project site is located on the valley floor, surrounded by urban uses, and the area was previously graded. Therefore, the project would not obstruct any scenic vistas or degrade the existing visual character or quality of the site and its surrounding, and there is a less than significant impact on the environment from an adverse impact to scenic resources or the visual character of the site and its surroundings. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? Based on the site visit by the environmental planner, there are no rock outcroppings, or scenic resources, in the proposed project area. The site is vacant and there are no historic buildings located on the property. Therefore, there is no potential for a significant impact to the environment from an impact on trees or rock outcroppings. c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from a publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? The project site is within an urbanized area and is subject to the City’s Design Guidelines and tree protection ordinance, to ensure the visual character of the site and public views of the site and its surroundings will be maintained to a high standard. Mature trees will be removed to construct the project; however, specimen-size replacement trees will be planted with the project landscaping. The project will need to comply with the City’s Design Guidelines for conceptual approval and the site’s landscaping will need to meet the City’s Landscape Design Guidelines. As such the project would not conflict with any applicable zoning and other regulations governing scenic quality.
d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
The project would create a new source of light from fixtures on the new buildings, along the private driveways and in the parking areas; however, lighting on the property is required to adhere to SVMC Section 9-30.040 (Exterior Light and Glare), which states that “there shall be no illumination or glare from the exterior lighting system onto adjacent properties or streets.” 93 Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
13 MND Z-S-2022-0002/PD-S-2022-0001/AHA-2022-0001, Heywood Street Associates LLC (sy) Light fixtures will be no more than 14 feet in height, and shall possess sharp cut-off qualities, at the property line. The applicant is required to submit an exterior lighting (photometric) plan pursuant to SVMC Section 9-30.040(C). This plan shall consist of a point-by-point foot-candle layout extending a minimum of 20 feet outside the property lines. The plan must achieve the goals established in this subsection in order to eliminate illumination or glare from the project onto adjacent properties or streets. Therefore, there would be no potential for a significant impact to the environment from a new source of substantial light or glare.

II. AGRICULTURE AND FORESTRY RESOURCES: Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))?
d) Result in the loss of forest land or conversion of forest land to non-forest use?

e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use?
(a-e) The project site is located in an urbanized area of the City. According to the California Department of Conservation, the project site and surrounding area is designated as Urban and Built-Up Land and therefore, is not subject to a Williamson Act contract. The nearest land under Williamson Act contract is located approximately 3 miles north of the project site. The proposed site and surrounding area are not used nor zoned for agricultural, forest, or timberland use.

Construction of the project would occur within, and adjacent to, a fully urbanized area and would not result in the conversion of farmland, forest land, or timberland uses to non-agricultural or nonforest users. Furthermore, the project would not conflict with agricultural, forest land, or timberland zoning. Therefore, no impacts would occur to the environment from the loss of agricultural and forestry resources.

III. AIR QUALITY:

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

Would the project:
a) Conflict with or obstruct implementation of the Ventura County Air Quality Management Plan?
94 Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
14 MND Z-S-2022-0002/PD-S-2022-0001/AHA-2022-0001, Heywood Street Associates LLC (sy) b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard?
c) Expose sensitive receptors to substantial pollutant concentrations? (a-c) The “Ventura County Air Quality Assessment Guidelines” (Ref. #3) prepared and released by the Ventura County Air Pollution Control District (VCAPCD), is an advisory document that provides a framework for preparing air quality evaluations for environmental documents required by the California Environmental Quality Act (CEQA). Within the Guidelines, Section 3.3, Recommended Significance Criteria, provides thresholds for determining the significance of air quality impacts.

Reactive Organic Gases (ROG) (Volatile Organic Compounds) and NOx (Nitrogen Oxides) are emitted by mobile and stationary sources associated with projects. When exposed to sunlight, the photochemical reaction results in the formation of air pollution, including ozone. Based on the California Air Resources Board (CARB) CalEEMod air quality analysis program, the project would generate 2.74 pounds per day of ROG and 0.31 pounds per day of NOx. The calculated net quantities do not exceed the threshold of 25 pounds per day ROG or NOx. In addition to the project-specific thresholds, Section 3.3.1, Criteria Pollutants, provides the following criteria for determining the significance of cumulative air quality impacts: “A project with emissions of two pounds per day or greater of ROC [Reactive Organic Compounds], or two pounds per of NOx that is found to be inconsistent with the AQMP will have a significant cumulative adverse air quality impact.” (Ref. #3). Since the project exceeds two pounds per day of ROG and NOx, a determination of the project’s consistency with the Ventura County Air Quality Management Plan (VCAQMP) is required. If the project is consistent with the VCAQMP, it does not have a cumulative air quality impact. According to Chapter 4 of the Air Quality Assessment Guidelines, a project is consistent with the VCAQMP if the current population does not exceed the VCAQMP forecasted population (Ref. #3). Based on the City of Simi Valley Residential Building Permit Finals monthly report, the Equivalent Dwelling Unit (EDU) factor of 2.2 persons per apartment dwelling unit, the project would result in a population increase of 183 people.

The VCAQMP considers regional population forecasts developed by the Southern California Association of Governments (SCAG). SCAG’s most recent population forecast was adopted in September 2020 as part of the 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy. The 2020 SCAG growth forecast projects a population in Simi Valley of 137,000 people for 2045. The population increase of 183 people that could result from the project, in addition to the existing population of 127,100, is within the most recent growth projections of SCAG for the City of Simi Valley. As such, the growth forecast is also within the population growth parameters considered in the VCAQMP, which is updated by the VCAPCD to manage air emissions in the County of Ventura in accordance with local, state, and federal standards.

Development of the Project will not obstruct implementation of the VCAQMP or attainment of the state or federal air quality standards. Therefore, there is no potential for a significant impact to the environment from an impact on air quality and there is no conflict with the VCAQMP. 95 Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
15 MND Z-S-2022-0002/PD-S-2022-0001/AHA-2022-0001, Heywood Street Associates LLC (sy) d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
VCAPCD considers a sensitive receptor to be a person in the population who is particularly susceptible to health effects due to exposure to an air contaminant. Sensitive receptors are identified near sources of air pollution to determine the potential for health hazards. Locations evaluated for exposure to air pollution include, but are not limited to, residences, schools, hospitals, and convalescent facilities.

The project is bordered by residential and commercial uses, including commercial office buildings to the north and east along Heywood Street and Erringer Road, and multi-family residential to the west on Heywood Street. To the south is the Arroyo Simi and Rancho Simi Community Park. The nearest sensitive receptors who may be impacted by emissions of air pollution due to the Project include the residential uses immediately to the west of the project site.

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

Construction of the project is the most likely to have potential impacts on sensitive receptors.

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

Project construction would also result in short-term emission of diesel particulate, which is a toxic air contaminant. Given the proximity of residential uses, it is possible that the project could contribute to cumulative health impacts from toxic air contaminants. Therefore, it is conservatively considered that the project would have a potentially significant impact and mitigation is identified below.

The VCAPCD’s 25 pounds per day threshold mentioned previously for ROG and NOx are not intended to be applied to construction emissions, since such emissions are temporary.

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

In addition, the mitigation measures, with regard to dust control and reducing diesel particulate, as described before, have been incorporated into the project. 96 Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
16 MND Z-S-2022-0002/PD-S-2022-0001/AHA-2022-0001, Heywood Street Associates LLC (sy) As such, the project will not result in other emissions adversely affecting a substantial number of people.

AQ-1: During clearing, grading, earthmoving, or excavation operations, excessive fugitive dust emissions must be controlled by regular watering or other dust-preventative measures using the following procedures as specified by the Ventura County Air Pollution Control District (VCAPCD), including, without limitation, VCAPCD Rule 50 (Opacity), Rule 51 (Nuisance), and Rule 55 (Fugitive Dust):
• On-site vehicle speed must not exceed 15 miles per hour (the Project site will contain posted signs with the speed limit).
• All on-site construction roads with vehicle traffic must be watered periodically. • Streets adjacent to the Project site must be swept as needed, to remove silt that may have accumulated from construction activities, to prevent excessive amounts of dust.
• All material excavated or graded must be sufficiently watered to prevent excessive amounts of dust. Watering must occur at least twice daily with complete coverage, preferably in the late morning and after work is done for the day. • All clearing, grading, earthmoving, or excavation activities must cease during periods of high winds (i.e., greater than 25 miles per hour averaged over 1 hour) to prevent excessive amounts of dust (contact VCAPCD meteorologist for current information about average wind speeds).
• All materials transported off-site must be either sufficiently watered or securely covered to prevent excessive amounts of dust.

AQ-2 The area disturbed by clearing, grading, earthmoving, or excavation operations must be minimized, to prevent excessive amounts of dust. These control techniques must be indicated on Project grading plans. The applicant and/or its contractor must be responsible for implementing these measures, and compliance with this measure will be subject to periodic site inspections by the City.

AQ-3: Project grading plans must show for the duration of construction, ozone precursor emissions from construction equipment. Vehicles must be controlled by maintaining equipment engines in good condition and in proper tune per manufacturer’s specifications, to the satisfaction of the City Engineer. Compliance with this mitigation measure will be subject to periodic inspections of construction equipment by the Public Works Department.

AQ-4: Construction equipment must be outfitted with Best Available Control Technology devices, including a California Air Resources Board-certified Level 3 Diesel Particulate Filter or equivalent control device.

AQ-5: All trucks that will haul excavated or graded material on site must comply with California Vehicle Code Section 23114, with special attention to subsections 97 Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
17 MND Z-S-2022-0002/PD-S-2022-0001/AHA-2022-0001, Heywood Street Associates LLC (sy) 23114(b)(2)(F), (e)(2), and (e)(4) as amended, regarding the prevention of such material spilling onto public streets and roads.

AQ-6: The construction contractor must adhere to VCAPCD Rule 74.2 (Architectural Coatings) for limiting volatile organic compounds from architectural coatings. This rule specifies requirements for storage, clean up, and labeling of architectural coatings.

IV. BIOLOGICAL RESOURCES: Would the project:
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S.

Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or US Fish and Wildlife Service?

c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?

d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?

(a-f) Based on a site visit by the environmental planner, the property has been previously graded and disturbed, for use as a commercial development. There is no native habitat and no sensitive plant or endangered wildlife species on the project site. There are no aquatic resources that would be regulated by any state or federal agencies. Therefore, there is no potential for a significant impact to the environment from an impact on biological resources.

According to the tree report prepared for the project (Ref. #38), the project site contains 44 mature trees, 40 of which will be removed for site improvements. The trees to be removed consist of 10 Fan Palm, 7 Red Ironbark, 7 Canary Island Pine, 3 Melaleuca, 3 Holly Oak, 3 Peppermint Eucalyptus, 2 Carrotwood, 2 Cottonwood, 1 Flame Tree, 1 Pepper, and 1 Olive Tree. The project will be required to provide replacement trees with a value equal to that of the removed trees.

Therefore, the project would not conflict with the City’s Tree Preservation Ordinance. 98 Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
18 MND Z-S-2022-0002/PD-S-2022-0001/AHA-2022-0001, Heywood Street Associates LLC (sy) The proposed project would result in the removal of ornamental vegetation and mature trees onsite. Thus the project could result in potential impacts to nesting birds protected by the Migratory Bird Treaty Act (MBTA). The MBTA prohibits activities that result in the direct take (defined as killing or possession) of a migratory bird. The proposed project has the potential to impact nesting birds if construction activities occur during the nesting bird season.

BIO-1: To avoid disturbance of nesting and special status birds, including raptor species protected by the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code (CFGC), activities related to the project including, but not limited to, vegetation removal, ground disturbance, construction, and demolition shall occur outside of the bird breeding season (February 1 through August 30), if feasible. If construction must begin during the breeding season, then a preconstruction nesting bird survey shall be conducted no more than 14 days prior to the initiation of ground disturbance and vegetation removal activities. The nesting bird pre-construction survey shall be conducted on foot inside the project site boundary, including a 300-foot buffer (500-foot for raptors), and in inaccessible areas (e.g. private lands) from afar using binoculars to the extent practical.

The survey shall be conducted by a biologist familiar with the identification of avian species known to occur in Southern California. If nests are found, an avoidance buffer (dependent upon the species, the proposed work activity, and existing disturbances associated with land uses outside of the site) shall be determined and demarcated by the biologist with bright orange construction fencing, flagging, construction lathe, or other means to mark the boundary. If a raptor nest is observed in a tree proposed for removal, the Applicant must consult with the California Department of Fish and Wildlife (CDFW).

All construction personnel shall be notified as to the existence of the buffer zone and instructed to avoid entering the buffer zone during the nesting season. No ground disturbing activities shall occur within this buffer until the avian biologist has confirmed that breeding/nesting is complete, and the young have fledged the next.

Therefore, there is no potential for a significant impact to the environment from adverse effects of biological resources.

V. CULTURAL RESOURCES: Would the project:
a) Cause a substantial adverse change in the significance of a historical resource pursuant to State CEQA Guidelines Section 15064.5?
b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to State CEQA Guidelines Section 15064.5?
(a-b) The site is currently vacant, but was previously developed as a hospital facility. Extensive grading occurred with the previous use of the site which would likely have compromised any potential archaeological resources. (However, please refer to Section XVIII for discussion of Tribal Cultural Resources). The site is not listed in the Ventura County Historical Landmarks and Points of Interest (Ref. #7). Therefore, there is a less than significant impact to the environment from a substantial adverse change to historical and archeological resources. c) Disturb any human remains, including those interred outside of formal cemeteries?

99 Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
19 MND Z-S-2022-0002/PD-S-2022-0001/AHA-2022-0001, Heywood Street Associates LLC (sy) Section 7050.5 of the California Health Code mandates procedures to be followed when human remains are discovered. This code requirement is implemented for all projects in the City. Therefore, there would be less than significant potential for a significant impact to the environment from a disturbance of human remains.

VI. ENERGY: Would the project:
a) Result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation?

b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency?

(a-b) As part of the General Plan update, the City has adopted a Climate Action Plan (SV-CAP) that identifies energy reduction measures, including a requirement that new development exceed 2008 Title 24 Part 6 Energy Standards by 20%, as well as water use reduction measures to reduce water demand by 20%. The project will be required to comply with a number of ordinances that implement the goals of the SV-CAP. (Refer to further discussion under Greenhouse Gas Emissions, Section VIII of this document).

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

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

VII. GEOLOGY AND SOILS: Would the project:
a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
100
Potentially
Significant
Impact
Less Than
Significant
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Mitigation
Incorporated
Less Than
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Impact
No
Impact
20 MND Z-S-2022-0002/PD-S-2022-0001/AHA-2022-0001, Heywood Street Associates LLC (sy) i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.

According to the preliminary geotechnical report for the project (Ref. #37), and based on the State of California Earthquake Fault Zone Map (Ref. #9), the property is not located in an Alquist-Priolo Fault zone and no known active faults run through the property. Since there are no known active faults on the property, the project would not be impacted by surface rupture. Therefore, there is a less than significant impact to the environment from direct impact of surface rupture from a known earthquake fault or substantial evidence of a known fault.
ii) Strong seismic ground shaking?
According to the preliminary geotechnical report for the project (Ref. #37), the subject site is located in an area subject to strong ground-shaking from earthquakes. The report states that the site is suitable for the proposed construction, provided that the geotechnical engineers recommendations included in the report, are implemented. Those recommendations will need to be implemented in order for the Public Works Department to finalize the grading permits for the project. In addition, the California Building Code prescribes procedures for earthquake resistant design which include considerations for seismic zoning. Therefore, there is a less than significant impact to the environment from strong seismic ground shaking.
iii) Seismic-related ground failure, including liquefaction?

According to the preliminary geotechnical report the project site is underlain by soils that could liquefy or result in lateral spread under certain conditions. The report indicates there are a variety of methods available to reduce the threat and the exact method will be determined with approval of the building plans. Therefore, the proposed project will have a less than significant impact to the environment from exposure of people or structures, to potential substantial adverse effects, including the risk of loss, injury or death involving unstable or expansive soil.
iv) Landslides?
Based on the site inspection, the site is not near large slopes that could pose a significant risk to the site. The property is not identified as an area subject to landslides on the State of California Seismic Hazard Zones Map (Ref. #10). As discussed in the preliminary geotechnical report for the project, landslides are not considered a hazard for this site.

Therefore, there is no potential for a significant impact to the environment from landslides. b) Result in substantial soil erosion or the loss of topsoil? The project consists of the redevelopment of an existing site with driveways, parking areas, buildings, and landscaped areas. The property owners will be required to maintain the landscaping for the lifetime of the project. This will lower the amount of exposed soil that could 101
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21 MND Z-S-2022-0002/PD-S-2022-0001/AHA-2022-0001, Heywood Street Associates LLC (sy) be eroded. In addition, the project is required to adhere to Section 9-64.030(C) (Grading and Erosion Control) of the Simi Valley Municipal Code. The purpose of this code is to prevent siltation, protect off-site property, and prevent soil loss during grading. Therefore, there is a less than significant impact on the environment from substantial soil erosion or loss of topsoil. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
A geotechnical engineering report was prepared for the project site (Ref. #37). The City’s geotechnical engineer has reviewed and accepted the report and the recommendations to address the potential for liquefaction under the project site. The report confirms that the site is underlain by soils that could liquefy or result in lateral spread under certain conditions. The report indicates that a variety of methods are available to reduce the threat from unstable soils. The exact method will be determined with approval of the final building plans. The California Building Code requires that measures be implemented to reduce threats from unstable soils. Therefore, the proposed project will have a less than significant impact to the environment.
d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? The geotechnical site evaluation of the property (Ref. #37) evaluated the suitability of the site soils for the proposed construction. The report recommends installation of stone columns below the proposed structure to mitigate the effects of liquefaction and to improve the underlying weak soils for support of the proposed foundation system. In addition, stone columns or soil mixing is to be utilized to create a buttress along the southern property line.

With the implementation of these recommendations and others in the geotechnical site evaluation, the site will not pose a significant risk to the proposed structures. Therefore, there is a less than significant impact to the environment from liquefaction, lateral spreading or settlement.
e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater?
The proposed project will connect to the existing sewer system and is not proposing the use of septic tanks or alternative wastewater disposal systems. Therefore, there is no potential for a significant impact to the environment from soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems. f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
The site is underlain by younger alluvial materials, which have a low potential for containing paleontological deposits (Ref. #6). Therefore, there is less than significant impact to the environment from the direct or indirect destruction or a unique paleontological resource or unique geologic feature.
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22 MND Z-S-2022-0002/PD-S-2022-0001/AHA-2022-0001, Heywood Street Associates LLC (sy) VIII. GREENHOUSE GAS EMISSIONS: Would the project:
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
b) Conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
(a-b) The City of Simi Valley relies upon the expert guidance of the Ventura County Air Pollution Control District (VCAPCD) regarding the methodology and thresholds of significance for the evaluation of air quality impacts within Ventura County. GHG emissions are air pollutants that are subject to local control by the VCAPCD. As such, the City looks to the VCAPCD for guidance in the evaluation of GHG impacts. In September 2011, the Ventura County Air Pollution Control Board requested that VCAPCD staff report back on possible GHG significance thresholds, for evaluating GHG impacts of land use projects in Ventura County under CEQA. VCAPCD staff responded to this request by preparing a report entitled Greenhouse Gas Thresholds of Significance Options for Land Use Development Projects in Ventura County. This report presents a number of options for GHG significance thresholds and summarizes the most prominent approaches and options, either adopted or being considered by all other air districts throughout California. Similar to other air districts, VCAPCD staff members are considering a tiered approach with the main components involving consistency with a locally adopted GHG reduction plan, followed by a bright-line threshold for land use projects, which would capture 90 percent of project GHG emissions. The South Coast Air Quality Management District (SCAQMD) is also considering these strategies for land use projects. The most recent proposal issued in September 2010 included a screening threshold of 3,000 MTCO2e/year, for all non-industrial projects.

For the purpose of evaluating the GHG impacts associated with the project, a threshold of 3,000 MTCO2e/year was used for plan level analyses. This threshold was used since it was developed based on the goal of AB 32 to reduce statewide GHG emissions to the 1990 levels by 2020. The annual net GHG emissions associated with the operation of the project is 66.88 MTCO2e/year.

This is less than the SCAQMD screening threshold for mixed use projects of 3,000 MTCO2e/year.

As part of the recent General Plan update, the City has adopted a Climate Action Plan (SV-CAP) that includes a baseline GHG emissions inventory, a methodology for tracking and reporting emissions in the future, and recommendations for GHG reduction strategies as a foundation for these efforts. The SV-CAP focuses on the various goals and policies of the General Plan, relative to greenhouse gas emissions. The SV-CAP is designed to ensure that the impact to future development on air quality and energy resources, is minimized and that land use decisions made by the City, and internal operations within the City, are consistent with adopted state legislation.

The SV-CAP identifies energy reduction measures, including a requirement that new development exceed 2008 Title 24 Part 6 Energy standards by 20%, and water use reduction measures to reduce water demand by 20%. The project will be required to comply with a number of ordinances that implement the goals of the SV-CAP. Simi Valley has adopted an Energy Reach Code, which adopts energy efficiency performance standards that reach higher than is required by Title 24 minimums. The main focus is on efficiency measures that are simple to achieve and enforce, and have the greatest influence on community sustainability. The Reach Code increases energy efficiency requirements for residential and nonresidential structures beyond Title 24, set at 10% and 15% respectively, for new construction and substantial remodels. Chapter 9-39 of the City of Simi Valley Development Code promotes trip and alternative transportation methods (e.g., carpools, vanpools, public transit, bicycles, walking, park and ride lots, improvements in the 103
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23 MND Z-S-2022-0002/PD-S-2022-0001/AHA-2022-0001, Heywood Street Associates LLC (sy) balance between jobs and housing), flexible work hours, telecommuting, and parking management programs to address traffic increases from new development. The Water Conservation Program Ordinance (Ordinance 1142) will reduce water consumption within the City of Simi Valley through conservation, effective water supply planning, prevention of waste, and will maximize the efficient use of water within the City of Simi Valley. The water Conservation Ordinance is designed to reduce water use in the City to at least 15% below the 2009 baseline.

They City is an early adopter of the CALGreen Building Code, which is intended to improve sustainability of the built environment and reduce GHG emissions from new construction. They City’s adopting Ordinance 1167 goes further by including a CEC-approved energy reach code, additional landscape water conservation, and increased recycling.

Based on all the above information, the project would not result in a significant impact with respect to GHG emissions or conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases.

IX. HAZARDS AND HAZARDOUS MATERIALS: Would the project:
a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school?

(a-c) The storage, handling, or use of any hazardous materials is regulated by state and local regulations. The California Building Code regulates the types and amounts of hazardous substances allowed in conventional structures (Ref. #11). These regulations limit the amount of hazardous materials that can be stored in these facilities in order to ensure public safety.

Therefore, there would be no potential for a significant impact to the public or the environment from the routine transport, use, disposal, or release of hazardous materials into the environment, or from the emissions or handling of hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school.
d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
The project site is not listed on the California Environmental Protection Agency Department of Toxic Substances Control, Site Mitigation and Brownfields Reuse Program Database (Ref. #17). Therefore, there would be no impact to the environment due to location on a listed hazardous materials site.
e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result 104
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24 MND Z-S-2022-0002/PD-S-2022-0001/AHA-2022-0001, Heywood Street Associates LLC (sy) in a safety hazard or excessive noise for people residing or working in the project area? The closest airport is the Van Nuys Airport, located approximately 16 miles southeast of the project site. The project site is not located within an airport land use plan area, or within two miles of a public or private airport. Therefore, there would be no impact for the project related to safety hazards or excessive noise from airport related uses f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
The project is a request to develop a four-story multi-family residential development consisting of 83 apartment units on a 3.11-acre portion of a 4.57-acre site within the Urban Boundary of the City, which is surrounded by other urban land uses. There is direct access to the site from Heywood Street, for emergency response organizations, and the property is already included in the City’s emergency response and evacuation plan. Development of the property has been anticipated by these plans and there is no need to amend the existing procedures. Therefore, there would be no potential for a significant impact to the environment from interference with an adopted emergency response or evacuation plan.
g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires?
The project site is not identified as a potential wildfire hazard area, as shown on the Fire Hazard map in the City of Simi Valley General Plan (Ref. #13). Therefore there is no potential for a significant impact to the environment from exposure of people or structures to wildland fires.

X. HYDROLOGY AND WATER QUALITY: Would the project:
a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality?
The project would be connected to the existing sewer system and any wastewater would be collected and processed at the City’s sanitation plant. Under the conditions of the City’s National Pollutant Discharge Elimination System (NPDES) permit, development over one acre in size is required to install permanent filtration devices to clean runoff leaving the site. The project will meet the requirements of the latest Stormwater Quality Urban Mitigation Plan (SQUIMP) by installation of stormwater filtration units, meeting the Stormwater Quality Design Flow established by Ventura County. In addition, standing water within excavation will be handled pursuant to State requirements, governing the handling of such construction related groundwater. Based on these conditions, water discharged from the site would not violate any water quality standards. Therefore, there is no potential for a significant impact to the environment from violating any water quality standards or waste discharge requirements. b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?
The project would receive its domestic water supply from the existing distribution system.

There is no proposal to use a well or groundwater from the site. Therefore, there is no potential 105
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25 MND Z-S-2022-0002/PD-S-2022-0001/AHA-2022-0001, Heywood Street Associates LLC (sy) for a significant impact to the environment from depleting groundwater supplies or interfering substantially with groundwater recharge.
c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i. Result in substantial erosion or siltation on or off-site? The property is currently vacant but was previously developed. According to the Preliminary Drainage Report for the project (Ref. #36), a new storm drain system will be constructed to collect stormwater within the project area. The storm drains will be placed in the southeast and southwest corners of the project, site and will collect water from the entire project site. Drainage is conveyed by curb and gutter and ribbon gutters into storm drains, and inlets located at the southern end of the project site. Water will be treated in the subgrade storage through a gravel system to treat the peak flows to predevelopment conditions. Once treated the water will be discharged into the Arroyo Simi via two existing outfalls, located at the southern end of the project site.

The on-site detention will comply with both the City of Simi Valley and Ventura County Watershed Protection District requirements, and reduce the post development discharge to be equal to or less than the existing condition discharge. All stormwater flows will be detained before leaving the site. Since on-site drainage will be directed to the underground infiltration chamber, and there would be very little exposed soil after construction, the project would not result in substantial soil erosion or siltation. Therefore, there is no potential for a significant impact to the environment from substantial soil erosion or loss of topsoil.
ii. Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off site?
According to the Preliminary Drainage Report the design of the grading and drainage infrastructure will provide for adequate drainage from the site. In addition, the project will provide an underground infiltration chamber on the site. The on-site detention will comply with both the City of Simi Valley and Ventura County Watershed Protection District requirements and reduce the post development discharge to be equal to or less than the existing condition discharge. All stormwater flows will be detained before leaving the site.

Since on-site drainage will be directed to an on-site detention system, the project will substantially contain flood flow over current undeveloped conditions. All proposed design storm peak discharge for the site will be equal to the 10 year pre-project peak flow rates.

Therefore, there is no potential for a significant impact to the environment from a substantial increase in the rate or amount of surface runoff, in a manner which would result in flooding on or off site.
iii. Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?
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26 MND Z-S-2022-0002/PD-S-2022-0001/AHA-2022-0001, Heywood Street Associates LLC (sy) The State NPDES MS4 permit requires all new development to treat the “first flush” of all storms. The Preliminary Drainage Report submitted for the project (Ref. #36) has calculated the storm water volume that must be treated. Captured storm flows will be pretreated prior to the water leaving the site. The project area will be collected through curb and gutter, and ribbon gutters. The water will be directed to the on-site detention system which will collect 100% of the Q100 flow rate. Therefore, there is a less than significant impact on the environment from exceeding the capacity of existing stormwater drainage systems or an increase in polluted runoff.
iv. Impede or redirect flood flows?
According to the Preliminary Drainage Report for the project (Ref. #36), the site will drain to an on-site underground detention facility. The on-site detention will comply with both the City of Simi Valley and Ventura County Watershed Protection District requirements, and reduce the post development discharge to be equal to or less than the existing condition discharge. All storm water flows will be detained before leaving the site. Since on-site drainage will be directed to an on-site detention system, the project will substantially contain flood flow, over current developed conditions. Therefore, there is a less than significant impact to the environment from impeding or redirecting flows. d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
Based on examination of federal Flood Insurance Rate Map for the area (Federal Emergency Management Agency [FEMA], Flood Insurance Rate Map [FIRM], Community Panel Number 06111C0844E, January 20, 2010) and the Preliminary Drainage Report for the project (Ref. #36), the project is within an area subject to the 100-year flood (Flood Zone AO). Prior to issuance of grading permits the site will be required to receive a Letter of Map Revision (LOMR) to remove the property from the 100 year flood plain. Additionally, based on review of the Bard Reservoir inundation map (Ref. #22) and the Las Llajas inundation map (Ref. #23) the site is not located in an area that could be affected by the failure of either dam. The project site is not located near a large body of water that would produce seiches (seismically induced waves) nor is the site located in a tsunami inundation area. Therefore, there is no potential for a significant impact on the environment due to flooding e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
The City requires projects to provide a minimum of 1,100 cubic feet of detention, per acre of developed area. According to the Preliminary Drainage Report for the project (Ref. #36), the project will provide on-site detention that exceed the City’s requirements of 1,100 cf/acre. In addition, under the conditions of the City’s National Pollutant Discharge Elimination System (NPDES) permit, development over one acre in size is required to install permanent filtration devices to clean runoff leaving the site. The project will meet the requirements of the latest Stormwater Quality Urban Mitigation Plan (SQUIMP) by installation of stormwater filtration units meeting the Stormwater Quality Design Flow established by Ventura County. In addition, the standing water within excavation will be handled pursuant to State requirements governing the handling of such construction related groundwater. Based on these conditions, water discharged from site would not violate any water quality standards. Therefore, there is a less 107
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27 MND Z-S-2022-0002/PD-S-2022-0001/AHA-2022-0001, Heywood Street Associates LLC (sy) than significant impact to the environment from conflicts with, or obstruction of, water quality control or groundwater management plans.

XI. LAND USE AND PLANNING: Would the project:
a) Physically divide an established community?
The project is surrounded by commercial and residential uses on all sides. As such it will not physically divide an established community.
b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? The proposed project involves construction of a new 83 unit apartment building. The current General Plan land use is Residential Very High Density and Commercial Office. The project site is zoned Very High Density Residential (RVH) and Commercial Office (CO). The applicant has applied for a zone change from CO to RVH in order to facilitate the construction of the new multifamily project over the entire project site. The resulting Residential Very High Density designation would be the same as that of the project site, and is consistent with the High Density Zoning in the surrounding neighborhood, particularly of the multifamily residential develop to the west and north of the project site. The resulting project would be comparable in size to those multifamily residential projects in the surrounding neighborhood.

The future multi-family development will meet the standards of the City of Simi Valley Development Code and Design Guidelines. These standards are established to require consistent and compatible development between adjoining properties, including minimum setbacks, height, and compatible architecture
Therefore, there is no potential for a significant impact from conflict with any applicable land use plans, policies, or regulation adopted for the purpose of avoiding or mitigating an environmental effect.

XII. MINERAL RESOURCES: Would the project:
a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan?

(a-b) Based on the geotechnical site investigation, the subsurface soil conditions encountered in the project site during the field exploration consisted mainly of alluvial sediment. According to the Geology and Mineral Resources Study of Southern Ventura County, California, by the California Division of Mines and Geology, there are no known mineral resources of value to the region in alluvium, aside from sand and gravel for concrete aggregate, and there are no mineral resources in the engineered fill (Ref. #24).
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28 MND Z-S-2022-0002/PD-S-2022-0001/AHA-2022-0001, Heywood Street Associates LLC (sy) The project is located outside the area delineated as the Simi Oil Field on the California Department of Conservation, Division of Oil and Gas, District 2 Oil Field Map (Ref. #25). There are no oil or gas wells located on the property according to the California Department of Conservation, Division of Oil and Gas, Regional Wildcat Map, W2-1 (Ref. #26). Locally important mineral resources have been mapped by the State and included in the City’s General Plan Land Use Element. The project is located outside the area identified as a natural resource area on the Land Use Map for the City’s General Plan. Therefore, there is no potential for a significant impact to the environment from the loss of availability of a regionally, statewide, or locally important mineral resources.

XIII. NOISE: Would the project result in:
a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? The project site is located in a residential neighborhood, which are considered to be noise sensitive land uses, not generators of excessive noise. The City of Simi Valley General Plan establishes noise standards for noise sensitive land uses of 45 dBA Community Noise Equivalent Level (CNEL) (a time-weighted 24 hour average noise level based on the Aweighted decibel) for interior, and 63 dBA CNEL for private outdoor living areas. One source for potential increase in ambient noise levels is project-generated traffic. In general, a 3 dBA change in community noise levels is noticeable, while 1-2 dBA changes generally are not perceived. Since noise is measured on a logarithmic scale, the project would need to produce twice the current amount of traffic on surrounding streets (a 100 percent increase) in order to increase noise energy by 3 dBA. The traffic study prepared for the project (Ref. #39) estimated 559 average daily trips which does not double the existing average daily trips of 2,300 existing on Heywood Street. The additional trips would increase traffic noise by less than 1 dBA, which would not be a noticeable change at existing noise sensitive receptors.

The City has a threshold for exterior noise in the private outdoor living areas of residences of 63 dBA CNEL and 45 dBA CNEL for interior. In addition, changes in ambient noise levels of 10 decibels or more are considered significant. Therefore, there would be no potential for a significant impact to the environment from exposure of persons to or generation of noise levels in excess of standards established in the local General Plan or Noise Ordinance.

N-1: For all construction related activities, noise attenuation techniques must be employed as needed to ensure that noise remains as low as possible during construction. The following noise attenuation techniques must be incorporated into contract specifications to reduce the impact of construction noise:
• Ensure that construction equipment is properly muffled according to industry standards and in good working condition.
• Place noise-generating construction equipment, and locate construction-staging areas, away from sensitive uses, where feasible.
• Schedule high noise-producing activities between the hours of 7:00 AM and 5:00 PM to minimize disruption on sensitive uses.
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29 MND Z-S-2022-0002/PD-S-2022-0001/AHA-2022-0001, Heywood Street Associates LLC (sy) • Implement noise attenuation measures, to the extent feasible, which may include, but are not limited to, temporary noise barriers or noise blankets around stationary construction noise sources.
• Use electric air compressors and similar power tools rather than diesel equipment, where feasible.
• All stationary construction equipment (e.g., air compressors, generators, impact wrenches, etc.) must be operated as far away from residential uses as possible and must be shielded with temporary sound barriers, sound aprons, or sound skins. • Construction-related equipment including heavy-duty equipment, motor vehicles, and portable equipment, must be turned off when not in use for more than five minutes.
• Clearly post construction hours, allowable workdays, and the phone number of the job superintendent at all construction entrances to allow for surrounding owners to contact the job superintendent. If the City or the job superintendent receives a complaint, the superintendent must investigate, take appropriate corrective action, and report the action taken to the reporting party.
b) Generation of excessive ground borne vibration or ground borne noise levels?

The City of Simi Valley has not adopted vibration guidelines or standards, neither as part of the General Plan nor Simi Valley Municipal Code (SVMC). Estimated ground-borne vibrations levels are based upon noise levels report by the Federal Highway Administration (FHWA) Highway Construction Noise Handbook (2006), the Federal Transit Administration (FTA) Transit Noise and Vibration Impact Assessment (2006), and the distance to nearby sensitive receptors. Vibration thresholds have been established by the FTA for disturbance of people at 72 VdB (Vibration decibels) for residences and buildings where people normally sleep. This threshold applies to “frequent events”, which the FTA defines as vibration events occurring more than 70 times per day. The thresholds for frequent events are considered appropriate because of the scale and duration of proposed construction activity.

Construction activity associated with the project would create temporary ground-borne vibration on, and adjacent to, the project site from various types of construction equipment. In the event vibratory rollers are to be used during construction, limiting the distance to 80 feet from the adjacent receptor would reduce the potential impacts to human annoyance, and would result in vibration levels below the significance threshold of 80 VdB. The forecasted vibration levels due to on-site construction activities would not exceed the building damage significance threshold at the nearby sensitive receptors for vibratory rollers, large bulldozers, caisson drilling, loaded trucks, jackhammers, and small bulldozers. As such, construction vibration impacts to building damage would not be considered significant. Additionally, construction activity would only occur during daytime hours in compliance with SVMC Section 5-16.02, which would avoid sleep disruption. The mitigation measures described in the previous section will also contribute toward reducing ground borne vibration and noise levels.

Therefore, there is a less than significant impact to the environment from the generation of excessive ground-borne vibration or ground-borne noise levels. 110
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30 MND Z-S-2022-0002/PD-S-2022-0001/AHA-2022-0001, Heywood Street Associates LLC (sy) c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?
The closest airport is the Van Nuys Airport, located approximately 23 miles southeast of the project site. The project site is not located within an airport land use plan area, or within two miles of a public or private airport. Therefore, there would be no impact for the project related to safety hazards or excessive noise from airport related uses.

XIV. POPULATION AND HOUSING: Would the project:
a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
The property is located in an urban area of the City. There is no need for additional public roads, utilities, or other public infrastructure to serve the project site. The project would not add any new public infrastructure, but would result in the creation of 83 residential units. Based on the General Plan EIR standard of 2.98 persons per dwelling unit, the proposed residential project would increase the population by approximately 247 people. Based on a City population of 126,380, this 0.2% increase would not be considered substantial population growth. Therefore, there would be no potential for a significant impact to the environment from substantial population growth in the area.
b) Displace substantial numbers of people or existing people or housing, necessitating the construction of replacement housing elsewhere?
Based on the site visit there are no dwelling units located on the property. Therefore, there is no potential for a significant impact to the environment from the displacement of any existing dwelling units.

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

Fire Protection?
Police Protection?
Schools?
Parks?
Other public facilities?
The property is located approximately 1.8 miles from Ventura County Fire Protection District Station Number 41, located at 1910 Church Street. Due to the existing roads, the short distance from the station to the project site, and level topography from the station to the site, 111
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31 MND Z-S-2022-0002/PD-S-2022-0001/AHA-2022-0001, Heywood Street Associates LLC (sy) the Fire Department can meet their standard response time of arriving in five minutes, by traveling 30 miles per hour.

The Police Department has established acceptable standards for Patrol Officer response times to calls for service in the City. The acceptable response time to emergency calls is an average of 3.2 minutes and non-emergency response times is an average of 12 minutes. The Police Department tracks response times and is meeting these standards, based on the Department’s latest statistics. To maintain these response times to the public, the Police Chief may reconfigure police beat boundaries, adjust deployment schedules for patrol shifts, or request funding for the creation of special task forces to deal with any increase in calls for service due to the proposed project. Therefore, there would be no potential for a substantial impact associated with new facilities or personnel related to police services.

The project is subject to school impact fees in order to offset impacts to the Simi Valley Unified School District’s requirements. Pursuant to State law, the payment of those impact fees would constitute full mitigation of any impacts on schools (Government Code Section 65996[b]).

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

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

The need for public facilities is based on the demand generated by the population. The project would result in the creation of 83 residential units with the potential to cause a population increase of 253 people. This would not be considered a substantial population increase. Since the project would not result in a significant population increase, there would be no potential for a significant impact on public services or facilities including fire protection, police protection, schools, parks or recreational facilities.

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

XVI. RECREATION:
a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment?

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32 MND Z-S-2022-0002/PD-S-2022-0001/AHA-2022-0001, Heywood Street Associates LLC (sy) (a-b) Based on the answer to question XV a) (Public Services – Parks), existing park facilities would be able to accommodate the modest increase in park use generated by this project. No new community recreational facilities or expansion of existing facilities are proposed as a result of this project. Additionally, the project will be required to Park Land Dedication/In-Lieu fees prior to the issuance of building permits. Therefore, there would be no potential for a significant impact to the environment from an impact on recreation.

XVII. TRANSPORTATION: Would the project:
a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? The project has been reviewed by the City’s Traffic Engineering Division and it has been determined that the project would not affect any public transit or bicycle facilities. Therefore, the project would have a less than significant impact to the environment from a conflict with adopted policies, plans, or programs addressing the circulation system. b) Conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b)?

Beginning July 1, 2020, CEQA analysis for determining potentially significant transportation impacts from vehicles, transitioned from an automobile delay or capacity measure, to a Vehicle Miles Traveled (VMT) metric in evaluating a project’s environmental impacts under CEQA, as required by Senate Bill (SB) 743. CEQA Guidelines Section 15064.3 establishes VMT as the most appropriate measure of transportation impacts, shifting away from the analysis of a project’s effect on level of service on nearby roadways and at intersections.

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

The City’s screening criteria to determine if projects may be exempt from VMT Analysis include the following:
• Projects that generate less than 110 trips per day (net) as calculated using Trip Generation.
• Standalone retail projects less than 50,000 square feet in gross floor area located within neighborhoods.
• Community-serving projects such as parks, libraries, or other projects deem by the City Engineer to have a less than significant impact.
• Projects with 100% affordable residential units.
• Projects located within 0.5 miles of the Simi Valley Metrolink Station. 113
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33 MND Z-S-2022-0002/PD-S-2022-0001/AHA-2022-0001, Heywood Street Associates LLC (sy) • Projects located with mapped areas of 5% below the City’s background VMT, as determined by the City Transportation Analysis Model.

City Staff determined the VMT of the adjacent parcels would fall below the City’s threshold of

16.15 VMT per capita for residential-based trips, or 5% less than the background VMT of 17.0 VMT per capita. The project would therefore be screened from a VMT analysis and as such, there are no project-specific impacts and no mitigation measures required.

Therefore, the projects potential impacts on the environment related to a conflict or inconsistency with CEQA Guidelines Section 15064.3, subdivision (b) would be less than significant.
c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible use (e.g., farm equipment)? SVMC Section 9-34.090 has specific design requirements for new access drives. These include minimum standards for width, grade, angle, surface, and clearance. The City of Simi Valley Department of Public Works, Department of Environmental Services, and the Ventura County Fire Protection District have reviewed the project and determined that those standards would be satisfied. Compliance with those design standards protects against the possibility of creating a substantial hazard due to a design feature. Therefore, there is no potential for a significant impact to the environment from a substantial increase in hazards due to a design feature.
d) Result in inadequate emergency access?
Access to the project site would be provided via one driveway from Heywood Street. The City’s Traffic Engineering Division has determined the access design complies with SVMC Section 9-34.090, which ensures adequate and safe access onto a public right-of-way. The Ventura County Fire Protection District has also reviewed the project and determined that their standard would be satisfied. Therefore, there is no potential for a significant impact to the environment from inadequate emergency access.

XVIII. TRIBAL CULTURAL RESOURCES
Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, or cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe
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34 MND Z-S-2022-0002/PD-S-2022-0001/AHA-2022-0001, Heywood Street Associates LLC (sy) (a-b) The project site was previously graded and developed with a hospital building that has since been demolished. The previous development would likely have compromised any potential tribal cultural resources. The project included a consultant with Native American tribal groups.

The Gabrielino-Tongva Indians of California advised that the property is less than one mile from the Arroyo Simi which was a thoroughfare route that was used for 7,000 years and considered a sacred site. It was recommended that any ground disturbance for the project be monitored by a Native American. The Gabrielino-Tongva San Gabriel Band of Mission Indians state the site may be fairly sensitive for cultural resources and recommended archaeological and Native American monitoring for ground disturbance activities.

To comply with state law AB52, the City invited local interested tribes to consult on the project.

The Fernandeno Tataviam Tribe of Mission Indians (FTBMI) found the project area to be sensitive for Tribal Cultural Resources, and provided recommendations that would protect potential resources discovered. Therefore, the applicant has incorporated the following mitigation measures into the project that incorporate the measures recommended by both tribes.

TCR-1 If cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease and a qualified archaeologist meeting Secretary of Interior standards shall assess the find. Work on the portion of the Projects outside the buffered area may continue during this assessment period.

The Fernandeño Tataviam Band of Mission Indians (FTBMI) shall be contacted about any pre-contact and/or post-contact finds and be provided information after the archaeologist makes their initial assessment of the nature of the find, to provide Tribal input with regards to significance and treatment.

TCR-2 Should the find be deemed significant, as defined by CEQA (as amended, 2015), the Project applicant shall retain a professional Native American monitor procured by the FTBMI to observe all remaining ground-disturbing activities including, but not limited to, excavating, digging, trenching, plowing, drilling, tunneling, quarrying, grading, leveling, clearing, driving posts, auguring, blasting, stripping topsoil or similar activity, and archaeological work.

TCR-3 The Lead Agency and/or applicant shall, in good faith, consult with the FTBMI on the disposition and treatment of any Tribal Cultural Resource encountered during all ground-disturbing activities.

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

XIX. UTILITIES AND SERVICE SYSTEMS: Would the project:
a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects?
Wastewater from the project would be collected by the existing sewer system. All the wastewater from the project would be treated at the City’s wastewater treatment facility. Based on a calculation by the City of Simi Valley Department of Public Works, equivalent dwelling units (EDU) produce 275 gallons of sewage per day. Based on this, the 83 apartment units 115
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35 MND Z-S-2022-0002/PD-S-2022-0001/AHA-2022-0001, Heywood Street Associates LLC (sy) would produce approximately 22,825 gallons of sewage per day (equivalent to 0.023 mgd).

Currently, the City’s Wastewater Treatment Plant handles approximately 10 million gallons of sewage per day (mgd). The facility’s capacity is 12.5 mgd and the wastewater collection system and the City’s water delivery system have not reached capacity. The City’s Department of Public Works has reviewed the proposal and determined that no additional water or wastewater treatment facilities are required. Based on this information, the project would not generate sewage that exceeds the limits of the City’s Wastewater Treatment Plant.

Electricity would be provided to the project site by Southern California Edison and natural gas would be provided by the Southern California Gas Company. Telecommunications are generally available in the project area, and facility upgrades would not likely be necessary.

Therefore, there is a less than significant impact on the environment from the project requiring or resulting in the relocation or construction of new or expanded electric power, natural gas, or telecommunications facilities.

b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? New or expanded entitlements of water supplies are not needed for this project. The proposed project would be served by the Ventura County Waterworks District No. 8 (District). Calleguas Municipal Water District (Calleguas) supplies most of the District’s water. The District also extracts groundwater for treatment and use as potable water, for use as untreated non-potable water, and purveys recycled water.

The District’s most recent Urban Water Management Plan forecasts demand of 27,975 acrefeet per year (AFY) in 2035, which is essentially the build-out demand of the District under the current City of Simi Valley’s and County of Ventura’s General Plans. The project is consistent with the Simi Valley General Plan. Calleguas’ current Urban Water Management Plan assures that the demands of all purveyors they serve, including the District, can be met through 2035 in all but the most extreme circumstances. In addition, the District plans to diversify resources by increased local water production and water recycling.

The District’s current estimated annual demand is 22,760 AFY. The proposed project is forecasted to have a water demand of 2.64 AFY. The difference between current demand and projected year-2035 demand, is 5,215 AFY. The forecasted project demands are within the planned increased demand range. The District’s and Calleguas’ planning documents therefore support that the demand created by the proposed project will have sufficient resources as supply, without additional entitlements. Therefore, there is a less than significant impact to the environment due to insufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry, and multiple dry years. c) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
Wastewater from the project would be collected by the existing sewer system. All the wastewater from the project would be treated at the City’s wastewater treatment facility. Based on a calculation by the City of Simi Valley Department of Public Works, equivalent dwelling units (EDU) produce 275 gallons of sewage per day. Based on this, the 83 apartment units would produce approximately 22,825 gallons of sewage per day. Currently, the City’s 116
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36 MND Z-S-2022-0002/PD-S-2022-0001/AHA-2022-0001, Heywood Street Associates LLC (sy) Wastewater Treatment Plant handles approximately 10 million gallons of sewage per day (mgd). The facility’s capacity is 12.5 mgd. The wastewater collection system and the City’s water delivery system have not reach capacity. The City’s Department of Public Works has reviewed the proposal and determined that no additional water or wastewater treatment facilities are required. Therefore, there is a less than significant impact to the environment due to inadequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments.
d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste?
(d-e) The Simi Valley Landfill and Recycling Center (SVLRC) would serve the proposed project.

The SVLRC has a capacity of 123.1 million cubic yards of waste. Based on the maximum permitted disposal rate of 6,000 tons per day (tpd), seven days per week, 358 days per year, the site could operate until 2051 (Ref. #31). Waste Management accepts waste from a variety of sources, but they are restricted to the approval rate of 6,000 tons per day. Therefore, the SVLRC, at a minimum, has the ability to accept waste until 2051. To comply with AB-939, the City has achieved a landfill diversion rate of at least 50% of its annual solid waste. Therefore, the project would comply with federal, state, and local management and reduction statutes and regulations related to solid waste.

XX. WILDFIRE: If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
a) Substantially impair an adopted emergency response plan or emergency evacuation plan? b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? (a-d) The project site is not identified as a potential wildfire hazard area as shown on the Fire Hazard Map in the City of Simi Valley General Plan (Ref. #13), and is also not identified to be located within a CalFire Very High Fire Hazard Severity Zone (Ref. #35). In addition, the project will be required to comply with Ventura County Fire Protection District Conditions of Approval issued for the conceptual approval, prior to obtaining any building permit for the new structures. 117
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37 MND Z-S-2022-0002/PD-S-2022-0001/AHA-2022-0001, Heywood Street Associates LLC (sy) Therefore, there is a less than significant impact to the environment from the effects of wildland fires.

XXI. MANDATORY FINDINGS OF SIGNIFICANCE:
a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory?
Based on the answers to Section IV. a) (Biological Resources) there are no rare or endangered species present on the site and the parcel is not suitable habitat for any wildlife species or community. Since the project is within the urbanized area of the City, is surrounded by development, and has been previously graded, construction on the site will not degrade the quality of the environment to a point that would threaten any animal or plant species.

Based on the answers to Section V and XVIII (Cultural/Tribal Cultural Resources), there are no recorded cultural resources on the site. However, mitigation measures have been incorporated to protect any potential discovery of cultural resources encountered during project development. There are no historical structures located on the parcel. Therefore, the project will have no impact on the environment from degradation of the quality of the environment; substantial reduction of habitat of a fish or wildlife species, causing a fish or wildlife population to drop below self-sustaining levels; threatening to eliminate a plant or animal community; reduction in the number or restriction of the range of an endangered, rare, or threatened species; or elimination of important examples of the major periods of California history or prehistory.
b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? The proposed 83 apartment units on an undeveloped property, substantially surrounded by commercial and residential uses, and the Zoning Designation change to the site, are consistent with the surrounding uses. As discussed in the above evaluations, the project would result in a minimal net increase in the number of vehicle trips and associated air pollutant emissions. The project would not result in a significant increase in population in the City leading to unexpected growth, and thus would not increase the need for public services, recreation facilities, or utilities. The project would be required to comply with applicable regulations for water quality, stormwater management, and structural/foundation code requirements. The potential for the project to impact unknown tribal cultural resources, would be limited to disturbance of the project site only, which would be less than significant with identified mitigation, and would not represent a cumulatively considerable contribution to the potential for other projects to affect tribal cultural resources. Therefore, the potential for the project to substantially contribute to environmental impacts that are cumulatively considerable would be less than significant.
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38 MND Z-S-2022-0002/PD-S-2022-0001/AHA-2022-0001, Heywood Street Associates LLC (sy) c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?
Significant impacts to air quality, hydrology, and significant impacts from hazardous materials, geologic conditions, and noise have the potential to cause substantial adverse effects on human beings. Based on the responses to questions in Section III (a-d), the project would not have a significant impact due to pollution, consistency with the Air Quality management Plan, or exposure of sensitive receptors to significant pollution concentrations or odors. Based on the answers to questions in Section IX (a-d) the project would not have a significant impact due to the use or transport of hazardous materials, accidental release of hazardous materials, release of hazardous materials within a quarter mile of a school, or development on a hazardous material site. Based on the answers to questions in Section X (a-e), the project would not have a significant impact due to erosion, flooding and polluted runoff. Based on the answers to questions in Section VII (a-f), the project would not have a significant impact due to surface rupture, seismic ground failure, or landslides. Based on the answer to questions in Section XIII (a-c) the project would not have a significant impact on the environment due to the exposures of persons to noise levels in excess of standards established in the General Plan, the increase of ambient noise by 3dBA or a substantial temporary or periodic increase in ambient noise levels.

Therefore, there is no potential for a significant impact to the environment from effects which will cause direct or indirect substantial adverse effects on human beings. 119
39 MND Z-S-2022-0002/PD-S-2022-0001/AHA-2022-0001, Heywood Street Associates LLC (sy) XXII. REFERENCES:

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

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

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

4. Ventura County Air Pollution Control District, Final 2016 Ventura County Air Quality Management Plan, February 14, 2017.

5. Lander, E. Bruce, "Geology and Vertebrate paleontology of Cenozoic Non-marine Rock Units in Simi Valley, “Simi Valley: A Journey through Time,” 1997.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

20. Federal Emergency Management Agency (FEMA), Flood Insurance Rate Map (FIRM), Community Panel Number 06111C0844E, January 20, 2010.

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

22. Calleguas Municipal Water District, Inundation Map for Bard Reservoir, dated July 1, 1973. 120
40 MND Z-S-2022-0002/PD-S-2022-0001/AHA-2022-0001, Heywood Street Associates LLC (sy)

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

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

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

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

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

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

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

30. City of Simi Valley, 2013 Managed Growth Plan, “Measure N”, adopted November 2012.

31. Science Applications International Corporation, Final Environmental Impact Report, Simi Valley Landfill and Recycling Center Expansion Project, Ventura County, California.

December 2010.

32. Institute of Transportation Engineers, Trip Generation, 10th Edition, 2020.

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

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

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

36. Delane Engineering, Preliminary Drainage Report for Simi Valley Housing 3, January 2022

37. Geotechnologies, Inc, Geotechnical Engineering Investigation Proposed Apartment Development 1850 Heywood Street, Simi Valley California, December 22, 2021

38. LAJohnny, Arborist Report: Heywood Street and Erringer Road Project, December 29, 2021

39. Associated Transportation Engineers, Heywood Street Apartment Project Traffic and Circulation Study, November 30, 2021
XXIII. LIST BELOW THE PERSON OR PERSONS WHO PREPARED OR PARTICIPATED IN THE PREPARATION OF THE INITIAL STUDY.

Case Planner: Elizabeth Richardson
Environmental Planner: Elizabeth Richardson
Project Engineer: Brent Siemer
Traffic Engineer: Justin Link
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UP UP UP UP 60" X 59" 30" X 48" 30" X 48" 60" X 59" 30" X 48" CHURCHILL 129
24"STUMP DIRT #4521081E 8" 12"X218" 12" 24" 18" 24" 24" 12" 5'H WALL UP

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S S S S S S S S S S S S S S S S S S W W W W W W W W W W W W W W W W SD SD SD SD SD SDSD SD SD SD SD
SD

SD SD SD SD SD SD SD
SD SD FDC 60" X 59" 30" X 48" 30" X 48" 60" X 59" 30" X 48" BATH 1 10 11 12 13 14 16 17 18 19 20 21 2223 84 85 87 88 84 85 86 87 88 86 XXX L1.1 PRELIMINARY LANDSCAPE PLAN N E S W JH Large Canopy Tree eg. Platanus acerifolia ‘Columbia’ (E) Tree symbol, typ. Street Tree eg. Ginkgo biloba (male variety only) HEYWOOD ST. PROPERTY LINE Arroyo Simi Greenway PROPERTY LINE PROPERTY LINE PROPERTY LINE Light Post, typ. See Architect's Plan EXISTING TREES TO REMAIN 19 Cupaniopsis anacardioides 20 Pinus canariensis 21 Pinus halepensis 82 Eucalyptus radiata 83 Schinus molle 84 Washingtonia filifera 85 Schinus molle 86-87 Ulmus parvifolia 89-90 Quercus virginiana 91-92 Eucalyptus sideroxylon 94 Pinus halepensis OS- 3-11 Schinus molle OS- 12-13 Pinus canariensis OS- 14 Arbutus unedo A- 7,8 Koelreuteria bipinnata TW +18" TW +18" TW+18" TW +6' TW +18" 2 POOL 20'x40' 3 TW +4' 4 4 5 5 6 7 8 9 10 1 YOGA AREA 11 11 12 1 1 13 13 GROUP AREA GROUP AREA TW+4' 5 14 12 GAME AREA TW +18" Perimeter Evergreen Shrub eg. Rhamnus alaternus planted 6' o.c. Perimeter Evergreen Shrub eg. Rhamnus alaternus, planted 6' o.c. Evergreen Canopy Tree eg. Lophostemon confertus (N) Retaining Wall, with 6' ht. picket fence on top See Architect's Plans Evergreen Canopy Tree eg. Pinus canariensis Evergreen Canopy Tree eg. Lophostemon confertus Evergreen Canopy Tree eg. Tristania laurina 'Elegant' Flowering Accent Tree eg. Cercis 'Forest Pansy' Deciduous Canopy Tree eg. Gleditsia triacanthos var. inermis Flowering Accent Tree eg. Cercis occidentalis Large Canopy Tree eg. Platanus acerifolia ‘Columbia’ Canopy Tree eg. Arbutus 'Marina' Flowering Accent Tree eg. Bauhinia × blakeana SHRUBS, GRASSES Agave attenuata Foxtail Agave Arctostaphylos d. 'Howard McMinn' Manzanita Arctostaphylos d. 'John Dourley' Manzanita Carpenteria californica Bush Anemone Callistemon 'Little John' Compact Callistemon Cistanthe grandiflora Rock Purslane Cistus 'Sunset' Rockrose Cordyline 'Design-a-line Burgundy' Burgundy Cordyline Duranta erecta Sky Flower Heteromeles arbutifolia Toyon Leucadendron 'Safari Sunset' Safari Conebush Lygeum spartum False Esparto Grass Mahonia aquifolium compacta Oregon Grape Holly Muhlenbergia dubia Dwarf Muhly Muhlenbergia rigens Deer Grass Myrsine africana African Boxwood Myrtus communis 'Compacta' Dwarf Myrtle Prunus ilicifolia Catalina Cherry Rhamnus alaternus Italian Buckthorn (image below) Rhaphiolepis u. 'Minor' Dwarf Yeddo Hawthorn Rhus integrifolia Lemonade Berry Salvia x clevelandii 'Pozo Blue' Pozo Blue Hybrid Musk Sage TREES Arbutus 'Marina' Strawberry Tree Bauhinia x blakeana Hong Kong Orchid Tree Cercis occidentalis Western Redbud Cercis 'Forest Pansy' Eastern Redbud Ginkgo biloba (male only) Maidenhair Tree Gleditsia triacanthos inermis Honeylocust Lophostemon confertus Brisbane Box Pinus canariensis Canary Island Pine Platanus acerifolia ‘Columbia’ Columbia London Plane Tree Tristania laurina 'Elegant' Elegant Water Gum PRELIMINARY PLANT LEGEND GROUNDCOVERS Dianella c. 'Cassa Blue' Blue Flax Lily Dietes grandiflora Fortnight Lily Fragaria chiloensis Beach Strawberry Lippia nodiflora Kurapia (in parkway) Senecio mandraliscae Blue Chalksticks VINES Ficus repens Creeping Fig Macfadyena unguis-cati Yellow Trumpet Vine 1 PROPOSED SITE ELEMENTS ANTELOPE VALLEY OFFICE: 1035 West Lancaster Boulevard Lancaster, California 93534 661.949.0771 FAX 661.949.2843 E-Mail: [email protected] HEADQUARTERS OFFICE: 815 Colorado Blvd, Suite 200 Los Angeles, CA 90041 323.543.8300 FAX 323.543.8198 E-Mail: [email protected] No. 4880 EXP. 4/30/23 These drawings, including all related design, details, specifications, and information are and shall remain the sole property of Brodersen Associates and are for use on this specific project and shall not be copied, disclosed to others or used without the expressed written consent of Brodersen Associates. BRODERSEN ASSOCIATES Landscape Architecture / Horticulture / Documentation 422 E. Main Street Ventura, CA 93001 tel 805 201 5614 [email protected] CA#4880 10'20' 0' 20' 40' SCALE: 1" =20'-0" Flowering Accent Tree eg. Cercis 'Forest Pansy' Evergreen Canopy Tree eg. Lophostemon confertus BB 3 Fireplace 4 Outdoor Kitchen 5 Seat Wall 6 Raised Planter / Seat Wall PRELIMINARY LANDSCAPE PLAN 7 Faux Bridge w/ concrete curbs 8/9 Pool / Glass Safety Fence 10 Pergola 11 Dry Stream PROPOSED TREES Arbutus 'Marina' Bauhinia x blakeana Cercis c. 'Forest Pansy' Cercis occidentalis Rhamnus alaternus (Tall evergreen hedge @ East/West perimeters) Gleditsia triacanthos var. inermis Lophostemon confertus Pinus canariensis Platanus a. 'Columbia' Tristania laurina 'Elegant' Line-of-Sight, typ., No objects over 30" in height, that affect sight distance shall be located within the lines of sight. OS3 SITE IMPROVEMENT LEGEND 1 Concrete Paving - Integral color TBD, light sand float finish 2 Masonry Wall with built-in seat 4 Outdoor Kitchen with BBQ 5 Seat Wall - concrete, smooth finish on top 6 Raised Planter / Seatwall 7 Faux Bridge - concrete with curbs both sides 8 Pool - 20'x40' 9 Pool Safety Fence and Gates - glass panels, 5' ht. minimum 10 Pergola - metal construction 11 Dry Stream 13 Site Furniture - TBD 14 Planters - square and rectangular, varying sizes, TBD 12 Decorative Boulder 3 FireplaceID# Name 1. Existing tree ID #'s per Arborist's Report. 2. This plan will comply with the requirements of the City of Simi Valley Municipal Code and the State Water Efficient Landscape Ordinances. 3. This plan will comply with the requirements of the Tree Report for this project and the tree mitigation outlined therein. 4. Street trees, plant material and irrigation system(s), within the public right-of-way, for this project are to be maintained by the Development/HOA/Property owner in perpetuity per Simi Valley Municipal Code Maintenance Standards. 5. All above ground utilities must be screened with a minimum of 15 gallon size shrub and provide a minimum 75% screening at installation. 6. Proposed planting theme is Mediterranean drought tolerant, adapted to local climate. 7. 100% of the Total Landscape Area consists of shrubs and groundcovers. No turf or high water plants proposed in Landscape Design. 8. Block walls over three (3) feet high to be covered with Ficus repens. 9. No objects over 30" in height, that affect sight distance, shall be located within the lines of sight at any driveway. 10. Total Landscape Area = 18,601 square feet. NOTES OS4 OS14 OS13 OS12 OS11 OS10 OS9 OS8 OS7 OS6 OS520 19 21 94 83 85 86 87 89 90 91 92 (N) Retaining Wall, with 6' ht. picket fence on top See Architect's Plans (N) Retaining Wall, with 6' ht. picket fence on top See Architect's Plans (N) Steel Picket Fence, ht. 6' See Architect's Plans Light Post, typ. See Architect's Plan Automatic Rolling Gate and Fence, See Architect's Plans Automatic Rolling Gate, See Architect's Plans Steel Fence, ht. 8', See Architect's Plans Parkway groundcover eg. Lippia nodiflora (Kurapia) 10' CL 5' Vine at masonry wall eg. Distictis buccinatoria (anticipated growth to be 30' wide). Large Canopy Tree eg. Platanus acerifolia ‘Columbia’ 82 84 (E) Tree symbol, typ. SYMBOL Line-of-Sight, typ., No objects over 30" in height, that affect sight distance shall be located within the lines of sight. Vine pockets, typ. Vine pockets, typ. (E) Tree symbol, typ. Ginkgo biloba (male variety only) Deciduous Canopy Tree eg. Gleditsia triacanthos var. inermis Deciduous Canopy Tree eg. Gleditsia triacanthos var. inermis Utility screening shrubs / grasses, 15 gal, eg. Callistemon 'Little John', Muhlenbergia dubia, Myrtus communis 'Compacta' FDC and Backflow, See Civil Engineer's Plans 15 DG Paving - width 2', in parking fingers 15 15 A-8 A-7 155

S S S S S S S S S S S S S S S S S S W W W W W W W W W W W W W W W W SD SD SD SD SD SDSD SD SD SD SD
SD

SD SD SD SD SD SD SD
SD SD FDC 60" X 59" 30" X 48" 30" X 48" 60" X 59" 30" X 48" BATH 1 10 11 12 13 14 16 17 18 19 20 21 2223 84 85 87 88 84 85 86 87 88 86 XXX S S S S S S S S S S S S S S S S S S W W W W W W W W W W W W W W W W SD SD SD SD SD SDSD SD SD SD SD
SD

SD SD SD SD SD SD SD
SD SD FDC 60" X 59" 30" X 48" 30" X 48" 60" X 59" 30" X 48" BATH 1 10 11 12 13 14 16 17 18 19 20 21 2223 84 85 87 88 84 85 86 87 88 86 XXX L1.2 LANDSCAPE AREA SQUARE FOOT EXHIBIT & SHADE STUDY N E S W JH HEYWOOD ST. PROPERTY LINE Arroyo Simi Greenway PROPERTY LINE ANTELOPE VALLEY OFFICE: 1035 West Lancaster Boulevard Lancaster, California 93534 661.949.0771 FAX 661.949.2843 E-Mail: [email protected] HEADQUARTERS OFFICE: 815 Colorado Blvd, Suite 200 Los Angeles, CA 90041 323.543.8300 FAX 323.543.8198 E-Mail: [email protected] No. 4880 EXP. 4/30/23 These drawings, including all related design, details, specifications, and information are and shall remain the sole property of Brodersen Associates and are for use on this specific project and shall not be copied, disclosed to others or used without the expressed written consent of Brodersen Associates. BRODERSEN ASSOCIATES Landscape Architecture / Horticulture / Documentation 422 E. Main Street Ventura, CA 93001 tel 805 201 5614 [email protected] CA#4880 10'20' 0' 20' 40' SCALE: 1" =20'-0" BB LANDSCAPE AREA SQUARE FOOTAGE EXHIBIT TOTAL LANDSCAPE AREA = 18,601 SF * 100% of the Total Landscape Area consists of shrubs and groundcovers. No turf or high water plants proposed in Landscape Design. LANDSCAPE AREA SQUARE FEET 1 2,762 SF 2 206 SF 4 156 SF 5 3,632 SF 6 302 SF 7 514 SF 8 191 SF 9 133 SF 10 69 SF 11 101 SF 12 201 SF 14 825 SF 15 819 SF 18 133 SF 19 187 SF 21 205 SF 22 2,118 SF 13 242 SF 3 30 SF 16 759 SF 23 164 SF 24 87 SF 17 41 SF 20 305 SF PROPERTY LINE 1 2 3 4 5 6 78 9 10 11 1213 14 15 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 33 34 35 36 37 38 16 25 120 SF 26 483 SF 27 390 SF 32 28 390 SF 29 214 SF 30 205 SF 31 100 SF 32 64 SF 33 627 SF 34 148 SF 35 230 SF 36 76 SF 37 186 SF 38 1,145 SF 39 39 41 SF TREE SHADE STUDY 36” Box trees canopy size average 8' diameter (BrightView). Estimated canopy diameter growth rate 2' per year (UFEI). 8' + 5years x (2' diam. per year) = 18' Diameter canopy 5 years after planting. Shade study does not include interior courtyard or landscaped areas in parking lot. Shade study calculations based on warmest summer month in Simi Valley, CA August 21, 2pm sun angle. Total Parking Lot Area: 55,750 SF Parking Lot Shade - Building: 8,960 SF (16% of total parking lot area) Parking Lot Shade - Trees: 16,474 SF (30% of total parking lot area) Parking Lot Shade - Trees & Bldg: 24,341 SF (44% of total parking lot area) N E S W Scale: NTS Shade Calculation - Trees Shade Calculation - Building 156
157
Heywood Street Associates LLC
920 Hampshire Road
Suite A4
Westlake Village, CA 91361
805.379.5005
January 3, 2023
Sean Gibson, AICP
Deputy Environmental Services Director/City Planner
Department of Environmental Services
City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
RE: Density Bonus Application – The Churchill, 1850 Heywood Street, Simi Valley, CA Dear Mr. Gibson:

Heywood Street Associates, LLC hereby submits this density bonus proposal for the City’s consideration and approval. Our team has worked on the formulation of this proposal to ensure that it conforms with the latest amendments to Government Code Section 65915-65918 (State Density Bonus Law).

We have worked with our project team including the project architect, Michael Stahlheber, with the goal of complying with the City’s Code to the extent feasible, consistent with State Density Bonus Law. With that goal in mind, the purpose of this letter is to facilitate your review of the density bonus proposal for The Churchill Apartments Project.

Density Bonus, Government Code and Simi Valley Municipal Code This is Phase 1 of a 4.57 acre development. This is a portion of the site which will be 3.11 acres and the zoning for the project site is Residential Very High (RVH) density, which calls for a density of 20.1 to 35 dwelling units to the acre. Thus, the base density for this site is 109 dwelling units (35 units x 3.11 acres = 108.85). Please note that under Govt. Code § 65915(f)(5) all density calculations resulting in fractional units are rounded up to the next whole number. The proposal to construct a total of 83 units (at 26.7 du/ac) in Phase 1 will include an affordable set-aside of five (5) very low income units, consisted of three 2-bedroom units and two 1-bedroom units (5% of the total units proposed). In return, we request for developer’s entitlement to a concession/incentives package through the density bonus law [Govt. Code § 65915(f)(2); SVMC § 9-31.020.A.1.]. Since the proposed density is below the allowable density under RVH, the project can proceed without any density bonus, however, the proposal will require development concession/incentives to make the project economically viable.

Density Bonus projects are also entitled to receive between one and three incentives or concessions, depending on the level of affordability. In this case, since the developer proposes to EXHIBIT 2 158
restrict 5% of the units for occupancy to very low income households at affordable rents, the project qualifies for one concession and a unlimited amount of waivers. [Govt. Code § 65915(d)(2)(B); SVMC § 9-31.020.B.1].

For your information, consistent with State Density Bonus Law, a concession includes any “reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code.” [See Govt. Code § 65915(k)(1).].

Gov. Code § 65915(k) also outlines three categories of concessions or incentives that developers may request. I note that SVMC § 9.31.020.B.2 contains an exclusive list of the incentives/concessions that may be requested, and further limits the request to an arbitrary percentage reduction or increase in the specified development standard. It appears that this portion of the City’s Ordinance is inconsistent with the current state of density bonus law both because of the exclusivity of the list of incentives and the arbitrary cap on the percentage reduction/increase in the development standards. In any event, we have been able to design the project in conformance with the City’s ordinance.

Parking
Consistent with Govt. Code § 65915, the developer shall apply the parking ratios set forth in subdivision (p)(1), i.e. one onsite parking space for each 1-bedroom unit; and two onsite parking spaces for each 2-bedroom unit. Please note that under subdivision (p)(1), the required parking spaces include both handicap and guest parking. In addition, consistent with the mandate in Govt. Code § 65915(p)(4), the developer is allowed to meet the parking requirements by providing onsite parking through tandem parking or uncovered parking. This item is called out as reference and not a part of the concession/incentive request.

Concession/Incentives Package
The developer requests for the following one (1) concession and four (4) waivers:

Concession
• To increase the allowable building height from 40.0 feet to 45.6 feet set forth by Government Code Section 65915(d)(1).

Waivers
• To waive or reduce the 10’ wide landscape area along the street-facing property line requirement set forth in SVMC 9-33.030(B).
• To increase the number of stories from three (3) stories to four (4) stories set forth by Government Code Section 65915(e)(1).
• To waive or increase allowable walking distance from the apartment entry door to the trash enclosure requirement set forth in SVMC 9-35.050(D)(1). • To waive or increase allowable walking distance from tenant parking to the apartment entry door requirement set forth in SVMC 9-34.040(E).
159
Discussion of Concession/Incentives Items
a. Concession to increase the allowable building height from 40.0 feet to 45.6 feet set forth by Government Code Section 65915(d)(1)
Increase in the allowable building height from 40 feet to 45.6 feet. This increase of 5.6 feet is necessary in order to accommodate the parapets for screening of equipment and the safety of people working on the roof. This increase in the building height is in keeping with the City’s 20% allowable increase in the maximum allowed building height. This concession per Govt. Code § 65915(d)(1) will increase the number of stories from 3 stories to 4 stories. b. Waiver to increase the number of stories from three (3) stories to four (4) stories set forth by Government Code Section 65915(e)(1)
The developer hereby requests a waiver to increase the number of stories in the rear portion of the site from 3 stories to 4 stories. The additional 4th story waiver per Govt. Code § 65915(e)(1) allows for additional apartments which allows the project to be economically viable. c. Waiver to reduce the 10’ wide landscape area along the street-facing property line requirement set forth in SVMC 9-33.030(B)
The developer hereby requests a waiver for the requirement for a 10’ wide landscape area along the street-facing property line, per SVMC 9-33.030(B). This is necessary to accommodate adequate parking along the street- facing side of the property which contains the entrance, lobby, and mail/delivery area. In order to discourage street parking, we need to provide as much guest parking as possible on our site. The site design cannot be changed to accommodate this landscaped area without losing parking spaces which would decrease the number of market-rate and affordable units.
d. Waiver to increase allowable walking distance from the apartment entry door to the trash enclosure requirement set forth in SVMC 9-35.050(D)(1)
The developer hereby requests a waiver for a 250’ distance from the apartment entry door to the trash enclosure, per SVMC 9-35.050(D)(1). In order to accommodate the number of parking spaces necessary for the building, we have one central trash enclosure area which necessitates this wavier. A reduction in parking spaces would reduce the overall number of units which then would decrease the number of affordable units we are providing to the City of Simi Valley.The project will comply with all ADA laws regardless of this waiver. e. Waiver to increase allowable walking distance from tenant parking to the apartment entry door requirement set forth in SVMC 9-34.040(E)
The developer hereby requests a waiver for a 200’ distance from tenant parking to the apartment entry door, per SVMC 9-34.040(E). This site had been designed to accommodate the most amount of surface parking possible under the present conditions without creating subterranean parking which would not be economically possible, nor would it be feasible given the condition of the soils. We assigned the parking in a very efficient manner, however, some units still fall outside of the current standard of distance making this waver necessary. Again, we want to provide as many affordable units to the city as possible and this wavier allows for us to fit the required density to provide the aforementioned amount of affordable units. The project will comply with all ADA laws regardless of this waiver. 160
Application Content
Govt. Code § 65915(a)(3) mandates that density bonus applications must be processed expeditiously, and sets forth the manner in which local government is to comply with this mandate, including the procedures and time lines for processing density bonus applications. In accordance with subparagraph (3)(B), the jurisdiction is to “[p]rovide a list of all documents and information required to be submitted with the density bonus application to be deemed complete,” and the list is to be consistent with state density bonus law.

With respect to the granting of concessions and incentives, the law is very clear that a jurisdiction must grant the requested concession or incentive unless it makes one of three statutorily prescribed written findings, based upon substantial evidence. In this case, where the developer has chosen its concessions from the exclusive list of concessions contained in the City’s Code, it is logical to assume that no additional documentation would be necessary or required. However, for the record, these concessions are consistent with the purpose of the statute as delineated in subdivision (k)(1), i.e. to allow the development to provide for affordable rents for the five very low income units. These units will be floating in the project and determined in the AHA Agreement.

I trust this letter will assist the City in its review of the density bonus proposal. If you have any questions or would like to discuss this matter, please feel free to give me a call at the above telephone number.

Sincerely,
Chris Itule
Heywood Street Associates, LLC
cc: Michael Stahlheber, AIA, Flewelling & Moody
161
EXHIBIT 3

PLANNING COMMISSION RESOLUTION AND

DRAFT MEETING MINUTES
Z-S-2022-0002/PD-S-2022-0001
NOVEMBER 23, 2022
INDEX Page
Planning Commission Resolution SVPC 09-2022........................................................... 1 Planning Commission Draft Meeting Minutes ............................................................... 35 162
ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) RESOLUTION NO. SVPC 09-2022

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF SIMI VALLEY RECOMMENDING TO THE

CITY COUNCIL APPROVAL OF A ZONE CHANGE
(Z-S-2022-0002) AND PLANNED DEVELOPMENT PERMIT
(PD-S-2022-0001) TO CHANGE THE ZONING OF A
.22-ACRE PORTION OF THE 4.57-ACRE PROJECT SITE

FROM COMMERCIAL OFFICE (CO) TO RESIDENTIAL

VERY HIGH DENSITY (RVH), IN ORDER TO CONSTRUCT
A NEW 83-UNIT MULTI-FAMILY RESIDENTIAL BUILDING,

WITH FOUR AFFORDABLE UNITS, LOCATED AT
1850 HEYWOOD STREET, AND ADOPTION OF A

MITIGATED NEGATIVE DECLARATION AND MITIGATION

MONITORING PLAN, AS AMENDED
WHEREAS, the applicant, Heywood Street Associates LLC, has requested approval of a Zone Change (Z-S-2022-0002) and Planned Development Permit (PD-S2022-0001) for that 4.57-acre site located at 1850 Heywood Street, known as Ventura County Assessor's Parcel Nos. 632-0-050-355 and 632-0-050-395, and by the legal description attached hereto as Exhibit A, for the purpose of changing the zoning designation on a .22-acre portion of the site from Commercial Office (CO) to Residential Very High Density (RVH) and to construct an 83-unit multi-family residential building on a 3.11-acre portion of the site; and adoption of the project’s Mitigated Negative Declaration (MND) and Mitigation Monitoring Plan; and
WHEREAS, an initial study, Mitigated Negative Declaration, and Mitigation Monitoring Plan were prepared for the project, and advertised from October 28, 2022, to November 16, 2022.

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

SECTION 1. The findings for the Mitigated Negative Declaration, contained in the Planning Commission staff report dated November 23, 2022, and incorporated herein by reference, are recommended to the City Council for adoption.

SECTION 2. The project’s Mitigated Negative Declaration and the Mitigation Monitoring Plan contained in Exhibit D, attached hereto, prepared for Z-S-2022- 0002 and PD-S-2022-0001, are recommended to the City Council for adoption.

SECTION 3. The findings, for approval, for Z-S-2022-0002 and PD-S2022-0001, contained in the Planning Commission staff report dated November 23, 2022, and incorporated herein by reference, are hereby recommended to the City Council for approval.
1 163
RES. NO. SVPC 09-2022
SECTION 4. Zone Change No. Z-S-2022-0002 to change the Zoning designation for a .22 a cre portion of the site from Commercial Office (CO) to Residential Very High Density (RVH), as specified in Exhibit B, attached hereto, and incorporated herein by reference, is hereby recommended to the City Council for approval.

SECTION 5. Planned Development Permit No. PD-S-2022-0001 is hereby recommended to the City Council for approval, subject to compliance with all the conditions attached hereto as Exhibit C.

SECTION 6. 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 23
rd day of November 2022.

Attest:

Tolson, Chairperson
anning Commission
Approved as to Content:
i ..

David Caceres
City Attorney
Sean Gibson
Deputy Environmental Services Director/
City Planner
2 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) 164
RES. NO. SVPC 09-2022
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 November 23, 2022, by the following vote:

AYES: Commissioner Hodge, Mann, and Gray; Vice
Chairperson Rice; and C hairperson Tolson
NAYS: None
ABSTAIN: None
ABSENT: None
ATTEST:
3 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) 165
RES. NO. SVPC 09-2022

EXHIBIT A
4 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy)

LEGAL DESCRIPTION
PARCEL A: (632-0-050-355 AND 632-0-050-395)
PARCEL 2 AS SHOWN ON THE MAP ENTITLED PARCEL MAP NO. LD-S-667 FILED APRIL 15, 2015 IN BOOK 70 OF PARCEL MAPS, AT PAGES 67 TO 70 INCLUSIVE, IN THE CITY OF SIMI VALLEY, COUNTY OF VENTURA, STATE OF CALIFORNIA.

EXCEPT THEREFROM ONE-TENTH PART OF THE TOTAL (GROSS) OIL, GAS OR

OTHER KINDRED SUBSTANCES OR OTHER MINERALS EXTRACTED FROM SAID

LAND AS RESERVED BY VENTURA LAND AND WATER COMPANY, A
CORPORATION, RECORDED FEBRUARY 7, 1929 IN BOOK 239 PAGE 493, OF OFFICIAL RECORDS.

ALSO EXCEPT THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN AND TO A

NINE-TENTHS PART OF THE TOTAL (GROSS) OIL, GAS OR OTHER KINDRED

SUBSTANCES OR OTHER MINERALS IN, UPON OR UNDERLYING SAID LAND OR

HEREAFTER EXTRACTED THEREFROM AS RESERVED BY PACIFIC STATES SAVINGS AND LOAN COMPANY IN DEED RECORDED JULY 10, 1947 IN BOOK 789 PAGE 376, OF OFFICIAL RECORDS.
166
RES. NO. SVPC 09-2022

EXHIBIT B
5 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) Zone Change No. Z-S-2022-0002
A Zone Change from Commercial Office to Residential Very High Density, for the .22-acre portion of the property located at 1850 Heywood Street, as described as follows:
1850 Heywood Street
APNs: 632-0-050-355 and 632-0-050-395
167
RES. NO. SVPC 09-2022
6 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) CASE NO.: PD-S-2022-0001 (Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC EXHIBIT C

Applicant must comply with all of the conditions.

A. ENVIRONMENTAL SERVICES CONDITIONS:

Planning Division:

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

A-3 Applicant must defend, indemnify, and hold harmless the City, its agents, officials, and employees from any claim, action, or proceeding against the City or its agents, officials, or employees in any action to attack, set aside, void, or annul the approval of this permit. The City will promptly notify Applicant of any claim, action, or proceeding; and the City will cooperate fully in the defense. The City must also have the right to consult and participate with Applicant in the development of litigation strategy. Further, Applicant must select an attorney, acceptable to the City, who will defend 168
RES. NO. SVPC 09-2022
CASE NO.: PD-S-2022-0001 (Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
7 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) such proceeding. Such approval of an attorney will not be unreasonably withheld.

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

A-7 Applicant must provide to the Deputy Environmental Services Director/City Planner a copy of all conditions of approval recorded with the Ventura County Recorder's Office.

A-9 Applicant must submit a utility plan to the Deputy Environmental Services Director/City Planner for review and approval. The plan must include:
a. Size and location of all above-ground utility cabinets and underground utility vaults for electric, telephone, cable communications, backflow prevention devices, and fire sprinkler pressure detector check valves (utility equipment);
169
RES. NO. SVPC 09-2022
CASE NO.: PD-S-2022-0001 (Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
8 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) b. Screening design and location for all above-ground utility equipment by method of masonry walls, landscaping, or a combination of both; c. A minimum of three feet of clearance between all above-ground utility equipment and the screening;
d. Access panels oriented away from all public rights-of-way; e. Fire sprinkler pressure detector check valves located a minimum of 10 feet from all property lines adjacent to public rights-of-way, unless determined by the Deputy Environmental Services Director/City Planner to be not feasible;
f. Depiction of the Traffic Sight Safety Area (TSSA); and g. Location of all above-ground utility equipment outside of the TSSA.

A-13 Applicant must submit photometric and luminaire plans which comply with Simi Valley Municipal Code Section 9-30.040. All exterior light fixtures depicted on this plan must have fully recessed lenses and cut-off features that limit illumination at the property line to 0.5 foot-candles. A note will be placed on the plan that states: "All downcast light fixtures will be installed and permanently maintained in a horizontal position."
*A-14 Throughout its fifty-five year term (or other term length), Applicant must abide by the provisions of the Affordable Housing Agreement approved concurrently herewith. A violation of the terms of the Affordable Housing Agreement, or any of its exhibits, constitutes a violation of this Planned 170
RES. NO. SVPC 09-2022
CASE NO.: PD-S-2022-0001 (Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
9 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) Development Permit. In the event of a conflict between the Agreement and the PD conditions, the most restrictive will apply.
*A-15 Applicant must underground all existing overhead utility lines including both onsite and on shared property lines in accordance with SVMC 9-30.090 unless exempt by the Municipal Code.
*A-16 Applicant must submit to the Deputy Environmental Services Director/City Planner a Fence and Wall Plan that includes details on all existing and proposed fences, walls and gates that includes colors, materials, textures, heights and style. Materials must be slumpstone, wrought iron, textured concrete block, or other similarly constructed walls. All property line walls and fences must not be placed more than one inch away from any property line.
*A-17 Applicant must submit to the Deputy Environmental Services Director/City Planner for review and approval, a Final Roof Plan that demonstrates that all proposed rooftop HVAC units will be screen by the proposed parapet and screen walls.
*A-18 Prior to a Final Building Inspection or Issuance of a Certificate of Occupancy, whichever occurs first, Applicant must submit to the Deputy Environmental Services Director/City Planner a parking plan showing assigned parking for each unit.
*A-19 Prior to a Final Building Inspection or Issuance of a Certificate of Occupancy, whichever occurs first, Applicant must submit to the Deputy Environmental Services Director/City Planner construction drawings that include details for the installation of a closed circuit security camera system, and resident door and access gate security system, which includes key fobs or equivalent.
*A-20 Applicant must provide one lockable storage closet for each unit. *A-21 The applicant will provide all required parking spaces as set forth by State law for this development.

B. PUBLIC WORKS CONDITIONS:

General:

B-1 These Conditions of Approval must supersede all conflicting notations, specifications, dimensions and typical sections which may be shown on development plans or exhibits. The Conditions stated herein must not be considered a comprehensive listing of all State and Municipal Code requirements and City ordinances and policies. All of the following Conditions, including the payment of all the miscellaneous fees, must be completed prior to the issuance of a Zoning Clearance, unless other timing 171
RES. NO. SVPC 09-2022
CASE NO.: PD-S-2022-0001 (Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
10 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) has been specified by the City Engineer. The conditions marked with an asterisk (*) are Special Conditions applicable specifically to this project. In the event of a conflict between a Standard Condition and a Special Condition, the Special Condition will take precedence.

B-5 Prior to occupancy, Applicant must complete all improvements, per the accepted plans and approved conditions, and obtain acceptance for the improvements by the City.

Grading:

B-6 Prior to issuance of a grading permit, Applicant must submit a site paving, drainage, and grading plan, subject to review and approval by the City Engineer.
a. The plans must be in conformance with Chapter 7 of the Ventura County Land Development Manual adopted by City Council
Resolution No. 69-8.
b. The site paving, drainage, and grading plan must be accompanied by a geotechnical report, prepared to comply with the City of Simi Valley Guidelines for Geotechnical Reports.
172
RES. NO. SVPC 09-2022
CASE NO.: PD-S-2022-0001 (Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
11 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) c. Upon acceptance of the geotechnical report by the City, Applicant must submit a digital file of the report and all comments, responses, references, and supporting data.

B-8 Applicant must obtain a grading permit, must complete the grading according to the approved plans, and must provide certifications by the soils engineer and civil engineer.

Drainage:

B-9 Prior to the issuance of a grading permit, Applicant must provide a final drainage study prepared by a California State Registered Civil Engineer.

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

Storm Water Management:

B-11 Applicant must comply with the City's Flood Damage Prevention Ordinance, SVMC Section 7-5.
*B-12 Applicant must provide engineering data to show that the cumulative effect of the proposed development, when combined with all existing and anticipated development, does not increase the water surface elevation of the base flood elevation at any location by more than 0.1 foot (0.1’). *B-13 Prior to the issuance of a grading permit, Applicant must obtain a Letter of Map Revision (LOMR) from FEMA.
*B-14 Prior to the issuance of a grading permit, Applicant must provide that all structures are a minimum of one foot above all one percent chance (100- 173
RES. NO. SVPC 09-2022
CASE NO.: PD-S-2022-0001 (Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
12 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) year) storm flow elevations, including adjacent street curbs and detention facilities.
*B-15 Applicant must obtain from the City a "Flood Area Development Permit" to comply with the City's Flood Damage Prevention Ordinance, SVMC Section 7-5.

Storm Water Quality:
*B-16 Prior to the issuance of a grading permit, Applicant must prepare a Storm Water Pollution Prevention Plan (SWPPP) and must incorporate permanent storm water quality treatment devices into the site improvements for review, prior to approval by the City Engineer. The SWPPP must be prepared and implemented to comply with:
a. State Water Resources Control Board, Division of Water Quality Order No. 2009-0009-DWQ: National Pollutant Discharge
Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities, NPDES No. CAS000002, dated September 2, 2009; and, A Notice of Intent (NOI) must be submitted to the Los Angeles Regional State Water Resources Control Board to comply with General Permit No. 2009-0009-DWQ.
b. State of California, California Regional Water Quality Control Board, Los Angeles Region Order No. R4-2010-0108: Waste Discharge Requirements for Storm Water (Wet Weather) and Non-Storm Water (Dry Weather) Discharges from the Municipal Separate Sewer Systems within the Ventura County Watershed Protection District, County of Ventura, and the Incorporated Cities therein, dated July 8, 2010; and Applicant must identify pollutant sources and must include design and recommended construction, implementation and maintenance measures in order to eliminate or reduce the discharges of pollutants from the project site to the public storm drain system, during and after the construction period. For any work in progress, updated SWPPP and erosion control plans must be submitted during the period from November 1 to April 1 of each year. *B-17 Applicant must submit to the City Engineer for review, and must execute and record upon approval, a Convent and Agreement regarding Stormwater Treatment Device Maintenance consistent with the current Technical Guidance Manual for Stormwater Quality Control Measures of the Ventura County Stormwater Quality Management Program.
174
RES. NO. SVPC 09-2022
CASE NO.: PD-S-2022-0001 (Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
13 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) Undergrounding of Utilities:
*B-18 Applicant must design improvements such that all existing and proposed utilities are underground per SVMC Section 9-30 and 9-64.

Water:

B-19 Applicant must apply for, and obtain, a Water Will-Serve Letter from Waterworks District No. 8 (WWD8).

B-20 Prior to issuance of a Water Will-Serve Letter, applicant must have the fire hydrant location(s) approved by the Ventura County Fire Protection District (VCFPD).

B-21 Prior to issuance of a Water Will-Serve Letter, applicant must submit a Water Supply Fixture Unit (WSFU) count in accordance with the 2013 California Plumbing Code, Appendix A.

B-22 Prior to issuance of a Water Will-Serve Letter, applicant must complete VCFPD FORM 625 with authorized signatures from VCFPD and WWD8.

B-25 Prior to the installation of landscaping or the issuance of a Certificate of Occupancy, whichever comes first, applicant must purchase and have installed the domestic and irrigation water meters.

Sanitation:

B-26 Applicant must apply for, and obtain, a Sewer Will-Serve Letter from the Sanitation Services Division.

B-28 Prior to issuance of a Sewer Will-Serve Letter, applicant must construct all sewerage infrastructure located in the right-of-way, in compliance with the Manual and Standard Plans for the Design and Construction of Sanitary 175
RES. NO. SVPC 09-2022
CASE NO.: PD-S-2022-0001 (Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
14 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) Sewerage Facilities, adopted by the City Council of the City of Simi Valley on August 28, 2006, and its subsequent revisions.

Traffic:
*B-31 Applicant must design and construct any landscaping to incorporate and provide for the minimum safe vehicle/driver sight distances at the project driveways, restricting the height of any planting material to 30 inches or less within the driver's sight distance area, per City Standard SV 20-130; in addition, no walls, berms, slopes, backflow prevention devices, on-site project monuments, signs, or other impediments to the driver's sight visibility will be allowed within that restricted area; all as directed by the City Engineer. Any proposed decorative pavement, on-site project monuments, or signs must be located outside of the public right-of-way, as directed by the City Engineer.
*B-32 Applicant must design and construct all frontage improvements in accordance with the General Plan, including curb, gutter, sidewalk, traffic signing and striping, and any enriched parkways to the satisfaction of the City Engineer.
*B-33 Applicant must design and construct any improvements in the public rightof-way in accordance with the Caltrans Standard Plans, and the California Manual on Uniform Traffic Control Devices, latest editions. *B-34 Applicant must design and construct all on-site traffic circulation elements and traffic control devices (e.g. pavement delineation, signage), in accordance with the California Manual on Uniform Traffic Control Devices, latest edition.
*B-35 Applicant must design and reconstruct all project access driveways per City Standard SV 11-20 “Commercial Driveway Approach,” to achieve current Americans with Disabilities Act (ADA) Standards. Width must be per plan.

Driveways must have minimum 15’ radius returns.
*B-36 Applicant must therefore pay the Traffic Impact Fee specified in the City of Simi Valley Schedule of Service Charges in effect at the time of payment, as stated in the current Traffic Impact Fee Resolution. The total fee is based 176
RES. NO. SVPC 09-2022
CASE NO.: PD-S-2022-0001 (Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
15 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) on daily vehicle trip ends, with the current fee of $107.50 per trip. As the project is forecast to generate 559 daily trip ends, the total fee is $60,092.50.
*B-37 Applicant must pay the Ventura County Reciprocal Traffic Impact Fee in effect at the time of payment, as stated in City Council Resolution No. 2002-

22. The fee is based on daily vehicle trip ends, with the current fee of $5.50 per daily trip. As the project is forecast to generate 559 daily trip ends, the total fee is $3,074.50.

Maintenance:

B-40 Applicant must include a note on the Final Landscape Plans stating that the street trees, plant material, and irrigation system installed by the applicant within the street right-of-way, are to be maintained by the development’s Management Owner’s Association or the property owner, in perpetuity over the lifetime of the project.

B-43 Prior to the issuance of Certificate of Occupancy for the first building completed, Applicant must have completed installation of Right-of-Way landscape improvements as shown on the City Approved Landscape Plans. 177
RES. NO. SVPC 09-2022
CASE NO.: PD-S-2022-0001 (Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
16 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) C. LANDSCAPING CONDITIONS:

C-1 Applicant must submit final landscape and irrigation plans, and supporting materials, to the Deputy Environmental Services Director/City Planner for review and approval. The final plans/materials must:
a. Comply with the City of Simi Valley Landscape Design Guidelines; b. Comply with the conceptual landscape plan as approved by the Planning Commission;
c. Comply with the recommendations of the City’s Consulting Landscape Architect, to ensure plans conform to the Planning Commission approval, the City’s Landscape Design Guidelines, and the 2015 State Model Water Efficient Landscape Ordinance as implemented by the City of Simi Valley;
d. Comply with the approved site plan and Public Works grading and improvement plans;
e. Include an agronomic soils report as specified in the 2015 State Model Water Efficient Landscape Ordinance as implemented by the City of Simi Valley. The soils report must be based on soil conditions after the establishment of final grades, and final landscape plans must incorporate the report recommendations;
f. Include a Water Efficient Landscape Worksheet with each submittal of landscape and irrigation plans;
g. Show all protected trees pursuant to Section 9-38.050 of the SVMC; h. Provide root barriers for all trees planted in the parking lot, perimeter, and foundation planting areas, per Simi Valley Standard Plans 51-20 and 51-60;
i. Include planting and irrigation with native compatible, fire-resistant plants in areas adjacent to existing native vegetation. All plant materials must be low-water use and must not include any live turf areas. The plant palette must not include invasive plants as listed in the California Invasive Plant Council (Cal-IPC) Invasive Plant Inventory;
j. Clearly identify required temporary landscape-related improvements and irrigation (e.g., for erosion control), separately from permanent systems; and
k. Provide an estimate of the total landscape construction cost. 178
RES. NO. SVPC 09-2022
CASE NO.: PD-S-2022-0001 (Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
17 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) C-2 Prior to the issuance of a Zoning Clearance or a Grading Permit, whichever comes first, Applicant must obtain a Tree Removal Permit in accordance with SVMC Section 9-38.070 et. seq. for any protected trees designated for removal on the plan. Unless otherwise approved by the Deputy Environmental Services Director/City Planner, Applicant will not remove any of the mature trees prior to the commencement of any grading.

C-5 Prior to the issuance of a Certificate of Occupancy or a Final Inspection request, whichever comes first, Applicant must:
a. Install all landscaping so as to be consistent with the approved landscape plans referred to in Condition C-1; and
b. Require that the landscape architect be present during the final landscape inspection by the City and certify that the installation of landscape materials and irrigation systems are in compliance with the approved landscape plan.
c. Provide required Landscape Documentation Package, following completion of the landscape installation.

C-6 For the lifetime of this permit, Applicant must adhere to the City's Landscape Maintenance Requirements as follows:
a. Trees will be thinned as defined by the Tree Care Industry Association, ANSI A300 Standards to eliminate crowding or x-crossing branches, to remove dead or broken limbs, and to remove structurally weak branch attachments;
b. Tree canopies will not be topped (to remove or cut the top of the tree) or pollarded (to cut back to the trunk to promote the growth of a dense head of foliage) as defined by the Tree Care Industry Association, ANSI A300 Standards;
179
RES. NO. SVPC 09-2022
CASE NO.: PD-S-2022-0001 (Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
18 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) c. All pruning will comply with the International Society of Arboriculture, Best Management Practices-Tree Pruning, current edition; d. No more than 20% of tree canopy will be removed during a growing season;
e. Branches will be removed as needed to allow for a 14-foot vehicular path clearance and an eight-foot pedestrian path clearance; f. All pruning will be supervised by a certified or consulting arborist; and g. Replace all dead or missing plants so as to comply with the approved landscape plan. The minimum replacement size will be at least a 24” boxed tree or five-gallon shrub/vine, or a one-gallon groundcover.

D. VENTURA COUNTY FIRE PROTECTION DISTRICT:

D-1 Private roads must comply with Public Road Standards:
a. Access road width of 24 feet must be required with no on-street parking permitted, or per Public Road Standards whichever is stricter. b. Aerial Ladder Fire Apparatus Access, Multi-Family, Commercial, or Industrial Buildings or portions of buildings or facilities with perimeter eave lines exceeding 30 feet in height above the lowest level of fire department access must require an approved aerial ladder fire apparatus access roads and driveways must have a minimum clear width of 30 feet. Overhead utility and power lines must not be located within the aerial ladder fire apparatus access roads and driveways. At least one of the required access routes meeting this condition must be located a minimum of 15 feet and a maximum of 30 feet parallel to one side of the buildings, as approved by the Fire District. Buildings exceeding 50,000 square feet must have the required access route along a minimum of two sides. Parking must be prohibited along the required width of the access roads and driveways. Landscaping and other improvements between the required access and the buildings must not interfere with aerial ladder fire apparatus operations, as approved by the Fire District and per VCFD 501 Fire Apparatus Access Standard.
c. Mitigations to Aerial Apparatus Access Roads. The fire code official is authorized to reduce the required width to not less than 24 feet when all of the following are provided:
i. Automatic fire sprinklers are installed throughout the structure in accordance with NFPA 13.
180
RES. NO. SVPC 09-2022
CASE NO.: PD-S-2022-0001 (Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
19 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) ii. Fire sprinkler standpipes are provided on all floors and through to the roof.
iii. Two or more roof access points are provided through 2-hour fire rated stairs separated a distance not less than half of the diagonal of the structure.

D-2 All access roads/driveways must have a minimum vertical clearance of 13 feet 6 inches (13' 6"). Clear of building to sky.

D-5 Applicant must submit two (2) site plans to the Fire District for review and approval of Access and location of fire lanes. Prior to occupancy, all fire lanes must be posted “NO PARKING – FIRE LANE – TOW AWAY” in accordance with California Vehicle Code, the International Fire Code and current VCFPD Fire Lane Standards. All signs and/or Fire Lane markings must be within recorded access easements.

D-6 Building plans of all A, E, I, H, R-1, R-2 or R-4 occupancies must be submitted, with payment for plan check, to the Fire District for review and approval prior to obtaining a building permit.

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

D-9 Parking on access roads/driveways and fire department turnarounds is prohibited.
181
RES. NO. SVPC 09-2022
CASE NO.: PD-S-2022-0001 (Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
20 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) D-10 The access road(s)/driveway(s) must be certified by a registered civil engineer as having an all-weather surface in conformance with Public Works and/or Fire District standards. This certification must be submitted to the Fire District for review and approval prior to occupancy.

D-11 Walkways must be provided from all building openings to the public way or fire department access road/driveway.

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

D-16 A plan must be submitted to the Fire District for review indicating the method in which buildings are to be identified by address numbers.

D-17 Prior to recordation of street names, proposed names must be submitted to the Fire District's Fire Prevention Bureau for review and approval. 182
RES. NO. SVPC 09-2022
CASE NO.: PD-S-2022-0001 (Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
21 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) D-18 All accessory room doors must be labeled on the doors indicating use of the room (i.e., Electrical Room, Riser Room, Fire Alarm Panel Inside, Storage Room, Janitor, Roof Access, etc.).

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

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

D-21 All required egress aisles must be maintained clear of obstructions at any time.

D-22 All emergency lights and exit signs must be maintained in an operable condition at all times.

D-24 Fire hydrant(s) must be provided in accordance with current adopted edition of the International Fire Code, Appendix C and adopted amendments. Onsite fire hydrants may be required as determined by the Fire District.

D-25 Fire hydrants must be installed and in service prior to combustible construction and must conform to the minimum standard of the City of Simi Valley Water Works Manual and the following:
a. Each hydrant must be a 6 inch wet barrel design and must have (1) 4 inch and (2) 2 ½ inch outlet(s).
b. The required fire flow must be achieved at no less than 20-psi residual pressure.
c. Fire hydrants must be spaced 300 feet on center and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants must be set back in from the curb face 24 inches on center.
e. No obstructions, including walls, trees, light and signposts, meter, must be placed within three (3) feet of any hydrant.
f. A concrete pad must be installed extending 18 inches out from the fire hydrant.
g. Ground clearance to the lowest operating nut must be between 18 to 24 inches.
183
RES. NO. SVPC 09-2022
CASE NO.: PD-S-2022-0001 (Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
22 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) D-26 Prior to combustible construction on any parcel, a fire hydrant capable of providing the required fire flow and duration must be installed and in service along the access road/driveway at a location approved by the Fire District, but no further than 250 feet from the building site. The owner of the combustible construction is responsible for the cost of this installation.

D-29 All structures must be provided with an automatic fire sprinkler system in accordance with current VCFPD Ordinance at time of building permit application.

D-34 A current Five-Year Fire Sprinkler System certification must be maintained at all times in accordance with CCR Title-19 and VCFPD requirements. The required Five-Year Report must be submitted to the Fire Department prior to expiration of the previous Five-Year certification.
184
RES. NO. SVPC 09-2022
CASE NO.: PD-S-2022-0001 (Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
23 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) D-35 Fire extinguishers must be installed in accordance with the International Fire Code. The placement of extinguishers must be subject to review by the Fire District.

D-36 Commercial trash dumpsters and containers with an individual capacity of

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

E. RANCHO SIMI RECREATION AND PARK DISTRICT:

E-1 Applicant must provide the Rancho Simi Recreation and Park District (RSRPD) with the equivalent cash-in-lieu for 3.11 acres of developable parkland based on the Table of Values in effect at the time Grading Plans for PD-S-2022-0001 are approved by the City of Simi Valley. Park fees must be deposited with the RSRPD before a Zoning Clearance is approved by the City of Simi Valley. If the number or type of residential dwelling units change prior to the issuance of a Zoning Clearance for the project, the Park Dedication Condition will be modified to accurately reflect actual development. Pursuant to authorization by the RSRPD Board of Directors, it is anticipated that cash-in-lieu funds received from PD-S-2022-0001 will be allocated to Rancho Simi Community Park upon concurrence of the Planning Commission.

I. ENVIRONMENTAL MITIGATION MONITORING CONDITIONS:

I-1 During clearing, grading, earthmoving, or excavation operations, excessive fugitive dust emissions must be controlled by regular watering or other dustpreventative measures using the following procedures as specified by the Ventura County Air Pollution Control District (VCAPCD), including, without limitation, VCAPCD Rule 50 (Opacity), Rule 51 (Nuisance), and Rule 55 (Fugitive Dust):
i. On-site vehicle speed must not exceed 15 miles per hour (the Project site will contain posted signs with the speed limit).
ii. All on-site construction roads with vehicle traffic must be watered periodically.
185
RES. NO. SVPC 09-2022
CASE NO.: PD-S-2022-0001 (Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
24 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) iii. Streets adjacent to the Project site must be swept as needed, to remove silt that may have accumulated from construction activities, to prevent excessive amounts of dust.
iv. All material excavated or graded must be sufficiently watered to prevent excessive amounts of dust. Watering must occur at least twice daily with complete coverage, preferably in the late morning and after work is done for the day.
v. All clearing, grading, earthmoving, or excavation activities must cease during periods of high winds (i.e., greater than 25 miles per hour averaged over 1 hour) to prevent excessive amounts of dust (contact VCAPCD meteorologist for current information about average wind speeds).
vi. All materials transported off site must be either sufficiently watered or securely covered to prevent excessive amounts of dust.

I-6 The construction contractor must adhere to VCAPCD Rule 74.2 (Architectural Coatings) for limiting volatile organic compounds from architectural coatings. This rule specifies requirements for storage, clean up, and labeling of architectural coatings.
186
RES. NO. SVPC 09-2022
CASE NO.: PD-S-2022-0001 (Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
25 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) I-7 To avoid disturbance of nesting and special status birds, including raptor species protected by the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code (CFGC), activities related to the project including, but not limited to, vegetation removal, ground disturbance, construction, and demolition shall occur outside of the bird breeding season (February 1 through August 30), if feasible. If construction must begin during the breeding season, then a preconstruction nesting bird survey shall be conducted no more than 14 days prior to the initiation of ground disturbance and vegetation removal activities. The nesting bird pre-construction survey shall be conducted on foot inside the project site boundary, including a 300-foot buffer (500-foot for raptors), and in inaccessible areas (e.g. private lands) from afar using binoculars to the extent practical. The survey shall be conducted by a biologist familiar with the identification of avian species known to occur in Southern California. If nests are found, an avoidance buffer (dependent upon the species, the proposed work activity, and existing disturbances associated with land uses outside of the site) shall be determined and demarcated by the biologist with bright orange construction fencing, flagging, construction lathe, or other means to mark the boundary.

I-8 For all construction-related activities, noise attenuation techniques must be employed as needed to ensure that noise remains as low as possible during construction. The following noise attenuation techniques must be incorporated into contract specifications to reduce the impact of construction noise:
i. Ensure that construction equipment is properly muffled according to industry standards and in good working condition.
ii. Place noise-generating construction equipment, and locate construction-staging areas, away from sensitive uses, where feasible.
iii. Schedule high noise-producing activities between the hours of 7:00 AM and 5:00 PM to minimize disruption on sensitive uses. iv. Implement noise attenuation measures, to the extent feasible, which may include, but are not limited to, temporary noise barriers or noise blankets around stationary construction noise sources
v. Use electric air compressors and similar power tools rather than diesel equipment, where feasible.
187
RES. NO. SVPC 09-2022
CASE NO.: PD-S-2022-0001 (Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
26 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) vi. All stationary construction equipment (e.g., air compressors, generators, impact wrenches, etc.) must be operated as far away from residential uses as possible and must be shielded with temporary sound barriers, sound aprons, or sound skins. vii. Construction-related equipment including heavy-duty equipment, motor vehicles, and portable equipment, must be turned off when not in use for more than five minutes.
viii. Clearly post construction hours, allowable workdays, and the phone number of the job superintendent at all construction entrances to allow for surrounding owners to contact the job superintendent. If the City or the job superintendent receives a complaint, the superintendent must investigate, take appropriate corrective action, and report the action taken to the reporting party.

I-9 If cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease, and a qualified archaeologist meeting Secretary of Interior standards shall assess the find. Work on the portion of the Projects outside the buffered area may continue during this assessment period. The Fernandeño Tataviam Band of Mission Indians (FTBMI) shall be contacted about any pre-contact and/or post-contact finds and be provided information after the archaeologist makes their initial assessment of the nature of the find, to provide Tribal input with regards to significance and treatment.

END OF ALL CONDITIONS
188
27 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) RES. NO. SVPC 09-2022
CASE NO.: Z-S-2022-0002/PD-S-2022-0001APPLICANT: Heywood Street Associates LLC EXHIBIT D

MITIGATION MONITORING AND REPORTING PROGRAM
FOR Z-S-2022-0002/PD-S-2022-0001; THE CHURCHILL
Mitigation Measure When
Monitoring to
Occur
Department
Responsible
for Monitoring
Compliance Verification
Initial Date Comments
I-1 During clearing, grading, earthmoving, or
excavation operations, excessive fugitive
dust emissions must be controlled by regular
watering or other dust-preventative
measures using the following procedures as
specified by the Ventura County Air Pollution
Control District (VCAPCD), including,
without limitation, VCAPCD Rule 50
(Opacity), Rule 51 (Nuisance), and Rule 55
(Fugitive Dust):
i. On-site vehicle speed must not exceed
15 miles per hour (the Project site will
contain posted signs with the speed
limit).
ii. All on-site construction roads with vehicle
traffic must be watered periodically.
iii. Streets adjacent to the Project site must
be swept as needed, to remove silt that
may have accumulated from construction
activities, to prevent excessive amounts
of dust.
iv. All material excavated or graded must be
sufficiently watered to prevent excessive
amounts of dust. Watering must occur at
least twice daily with complete coverage,
Prior to
issuance of a
grading permit.

The grading
plans must
contain a note
committing to
this
requirement.

Environmental
Services
189
RES. NO. SVPC 09-2022
CASE NO.: Z-S-2022-0002/PD-S-2022-0001APPLICANT: Heywood Street Associates LLC 28 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) Mitigation Measure When
Monitoring to
Occur
Department
Responsible
for Monitoring
Compliance Verification
Initial Date Comments
preferably in the late morning and after
work is done for the day.
v. All clearing, grading, earthmoving, or
excavation activities must cease during
periods of high winds (i.e., greater than
25 miles per hour averaged over 1 hour)
to prevent excessive amounts of dust
(contact VCAPCD meteorologist for
current information about average wind
speeds).
vi. All materials transported off site must be
either sufficiently watered or securely
covered to prevent excessive amounts of
dust
I-2 The area disturbed by clearing, grading,
earthmoving, or excavation operations must
be minimized to prevent excessive amounts
of dust. These control techniques must be
indicated on Project grading plans. The
applicant and/or its contractor must be
responsible for implementing these
measures, and compliance with this
measure will be subject to periodic site
inspections by the City.

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

Environmental
Services
I-3 Project grading plans must show for the
duration of construction, ozone precursor
emissions from construction equipment.

Vehicles must be controlled by maintaining
equipment engines in good condition and in
Prior to
issuance of a
grading permit
the grading
plans must
Environmental
Services
190
RES. NO. SVPC 09-2022
CASE NO.: Z-S-2022-0002/PD-S-2022-0001APPLICANT: Heywood Street Associates LLC 29 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) Mitigation Measure When
Monitoring to
Occur
Department
Responsible
for Monitoring
Compliance Verification
Initial Date Comments
proper tune per manufacturer’s
specifications, to the satisfaction of the City
Engineer. Compliance with this mitigation
measure will be subject to periodic
inspections of construction equipment by
the Public Works Department.
contain a note
committing to
this
requirement.

I-4 Construction equipment must be outfitted
with Best Available Control Technology
devices, including a California Air Resources
Board-certified Level 3 Diesel Particulate
Filter or equivalent control device
Prior to
issuance of a
grading permit
the grading
plans must
contain a note
committing to
this
requirement.

Environmental
Services
I-5 All trucks that will haul excavated or graded
material on site must comply with California
Vehicle Code Section 23114, with special
attention to subsections 23114(b)(2)(F),
(e)(2), and (e)(4) as amended, regarding the
prevention of such material spilling onto
public streets and roads.

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

Environmental
Services
I-6 All trucks that will haul excavated or graded
material on site must comply with California
Vehicle Code Section 23114, with special
attention to subsections 23114(b)(2)(F),
(e)(2), and (e)(4) as amended, regarding the
Prior to
issuance of a
grading permit
the grading
plans must
contain a note
Environmental
Services
191
RES. NO. SVPC 09-2022
CASE NO.: Z-S-2022-0002/PD-S-2022-0001APPLICANT: Heywood Street Associates LLC 30 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) Mitigation Measure When
Monitoring to
Occur
Department
Responsible
for Monitoring
Compliance Verification
Initial Date Comments
prevention of such material spilling onto
public streets and roads.
committing to
this requirement
I-7 To avoid disturbance of nesting and special
status birds, including raptor species
protected by the Migratory Bird Treaty Act
(MBTA) and California Fish and Game Code
(CFGC), activities related to the project
including, but not limited to, vegetation
removal, ground disturbance, construction,
and demolition shall occur outside of the bird
breeding season (February 1 through
August 30), if feasible. If construction must
begin during the breeding season, then a
preconstruction nesting bird survey shall be
conducted no more than 14 days prior to the
initiation of ground disturbance and
vegetation removal activities. The nesting
bird pre-construction survey shall be
conducted on foot inside the project site
boundary, including a 300-foot buffer (500-
foot for raptors), and in inaccessible areas
(e.g. private lands) from afar using
binoculars to the extent practical. The survey
shall be conducted by a biologist familiar
with the identification of avian species
known to occur in Southern California. If
nests are found, an avoidance buffer
(dependent upon the species, the proposed
work activity, and existing disturbances
associated with land uses outside of the site)
Prior to
issuance of a
grading permit
the contract with
the biologist
must be
provided to the
Director of
Environmental
Services for
approval.

Environmental
Services
192
RES. NO. SVPC 09-2022
CASE NO.: Z-S-2022-0002/PD-S-2022-0001APPLICANT: Heywood Street Associates LLC 31 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) Mitigation Measure When
Monitoring to
Occur
Department
Responsible
for Monitoring
Compliance Verification
Initial Date Comments
shall be determined and demarcated by the
biologist with bright orange construction
fencing, flagging, construction lathe, or other
means to mark the boundary. If a raptor nest
is observed in a tree proposed for removal,
the Applicant must consult with California
Department of Fish and Wildlife (CDFW). All
construction personnel shall be notified as to
the existence of the buffer zone and
instructed to avoid entering the buffer zone
during the nesting season. No ground
disturbing activities shall occur within this
buffer until the avian biologist has confirmed
that breeding/nesting is complete, and the
young have fledged the next.

Environmental
Services
193
RES. NO. SVPC 09-2022
CASE NO.: Z-S-2022-0002/PD-S-2022-0001APPLICANT: Heywood Street Associates LLC 32 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) Mitigation Measure When
Monitoring to
Occur
Department
Responsible
for Monitoring
Compliance Verification
Initial Date Comments
staging areas, away from sensitive uses,
where feasible.
iii. Schedule high noise-producing activities
between the hours of 7:00 AM and 5:00
PM to minimize disruption on sensitive
uses.
iv. Implement noise attenuation measures,
to the extent feasible, which may include,
but are not limited to, temporary noise
barriers or noise blankets around
stationary construction noise sources
v. Use electric air compressors and similar
power tools rather than diesel
equipment, where feasible.
vi. All stationary construction equipment
(e.g., air compressors, generators,
impact wrenches, etc.) must be operated
as far away from residential uses as
possible and must be shielded with
temporary sound barriers, sound aprons,
or sound skins.
vii. Construction-related equipment
including heavy-duty equipment, motor
vehicles, and portable equipment, must
be turned off when not in use for more
than five minutes.
194
RES. NO. SVPC 09-2022
CASE NO.: Z-S-2022-0002/PD-S-2022-0001APPLICANT: Heywood Street Associates LLC 33 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) Mitigation Measure When
Monitoring to
Occur
Department
Responsible
for Monitoring
Compliance Verification
Initial Date Comments
viii.Clearly post construction hours,
allowable workdays, and the phone
number of the job superintendent at all
construction entrances to allow for
surrounding owners to contact the job
superintendent. If the City or the job
superintendent receives a complaint, the
superintendent must investigate, take
appropriate corrective action, and report
the action taken to the reporting party
I-9 If cultural resources are discovered during
project activities, all work in the immediate
vicinity of the find (within a 60-foot buffer)
shall cease, and a qualified archaeologist
meeting Secretary of Interior standards shall
assess the find. Work on the portion of the
Projects outside the buffered area may
continue during this assessment period. The
Fernandeño Tataviam Band of Mission
Indians (FTBMI) shall be contacted about
any pre-contact and/or post-contact finds
and be provided information after the
archaeologist makes their initial assessment
of the nature of the find, to provide Tribal
input with regards to significance and
treatment.

Prior to
issuance of a
grading permit
the grading
plans must
contain a note
committing to
this requirement
Environmental
Services
I-10 Should the find be deemed significant, as
defined by CEQA (as amended, 2015), the
Project applicant shall retain a professional
Prior to
issuance of a
grading permit
Environmental
Services
195
RES. NO. SVPC 09-2022
CASE NO.: Z-S-2022-0002/PD-S-2022-0001APPLICANT: Heywood Street Associates LLC 34 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) Mitigation Measure When
Monitoring to
Occur
Department
Responsible
for Monitoring
Compliance Verification
Initial Date Comments
Native American monitor procured by the
FTBMI to observe all remaining grounddisturbing activities including, but not limited to, excavating, digging, trenching, plowing,
drilling, tunneling, quarrying, grading,
leveling, clearing, driving posts, auguring,
blasting, stripping topsoil or similar activity,
and archaeological work
the grading
plans must
contain a note
committing to
this requirement
I-11 The Lead Agency and/or applicant shall, in
good faith, consult with the FTBMI on the
disposition and treatment of any Tribal
Cultural Resource encountered during all
ground-disturbing activities
Prior to
issuance of a
grading permit
the grading
plans must
contain a note
committing to
this
requirement.

Environmental
Services
196

MINUTES OF THE MEETING OF THE

PLANNING COMMISSION

MOBILE HOME RENT MEDIATION BOARD

TREE ADVISORY BOARD
City Council Chamber November 23, 2022
2929 Tapo Canyon Road
Simi Valley, CA 93063

1. CALL 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 with an amendment to change the date under the Approval of Minutes from May 5, 2022, to May 4, 2022.

5. APPROVAL OF MINUTES – May 4, 2022 and June 22, 2022
It was the consensus of the Commission to approve the minutes as submitted.

6. DECLARATION OF CONFLICT – None

7. PUBLIC STATEMENTS – None

8. CORRESPONDENCE
Deputy Environmental Services Director/City Planner Sean Gibson referred to the supplemental staff report for agenda item 11.A.1 addressing comments received 35 197
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Tree Advisory Board Minutes – Page 2 November 23, 2022
from: Fernandeño Tataviam Band of Mission Indians dated 11/1/22, Simi Valley Medical Partnership dated 11/15/22, County of Ventura dated 11/15/22, Ventura County Air Pollution Control District dated 11/16/22, and Ventura County Public Works dated 11/17/22.

9. CONSENT CALENDAR – None

10. CONTINUED BUSINESS - None

11. NEW BUSINESS
A. PUBLIC HEARINGS

1. Z-S-2022-0002, PD-S-2022-0001, AHA-2022-0001; Heywood Street Associates LLC: To consider a Zone Change, Planned Development Permit, and Affordable Housing Agreement to change the zoning of a .22-acre portion of a 4.57-acre site from Commercial Office (CO) to Residential Very High Density (RVH) in order to construct a new 83-unit multi-family residential building with four affordable units and an affordable housing agreement, located at 1850 Heywood Street, and adoption of a Mitigated Negative Declaration and Mitigation Monitoring Plan for the subject applications.

Location: 1850 Heywood Street
Staff Contact: Elizabeth Richardson
(805) 583-6334
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, Elizabeth Richardson gave a presentation of the staff report.

Mr. Gibson and Ms. Richardson responded to questions asked by the Commission regarding landscape percentage, number of affordable units, zone change on the .22-acre parcel, density, parking, height of the project, trash enclosures, guest parking requirements, type of affordable units, and the letter received from the medical center.

Chairperson Tolson opened the public testimony portion of the hearing.

Adrian Stern with the Applicant, Heywood Street Associates LLC, gave a brief presentation about the project and addressed questions previously asked by the Commission.
36 198
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Mr. Stern responded to questions asked by Vice Chairperson Rice and Commissioners Gray, Mann, and Hodge regarding garage parking, wifi, location of trash enclosures, solar panels, Cyprus trees, garage dividers, garage doors, Uber and Lyft pickups, and required parking spaces.

City Attorney David Caceres responded to questions asked by Commissioner Hodge regarding whether or not paid parking spaces are allowed to be considered in the total for required parking spaces. He stated that a condition can be added for the parking requirements.

Chairperson Tolson closed the public testimony portion of the hearing.

The Commission discussed the wording for the added condition.

Commissioner Mann asked about the color, design, and architecture of the south elevation and the inside courtyard.

Commissioner Hodge commented that he would like to have the public testimony portion of the hearing reopened to discuss Commissioner Mann’s question.

Chairperson Tolson reopened the public testimony portion of the hearing.

Mr. Stern responded to Commissioner Mann’s questions, and introduced Scott Gaudineer, from Flewelling & Moody Architects, who added additional comments about the inside courtyard architecture.

Chairperson Tolson closed the public testimony portion of the hearing.

Commissioner Gray stated that she is concerned the interior courtyard will not have enough color differentials, since it will be the main entrance area to the units and may not get decorated like a private patio would. She also commented that she hopes the applicant will consider adding more architectural design to the interior elevation on the east and west.

Commissioner Hodge stated that he would make a finding that the modifications to the Mitigated Negative Declaration would not be significant and that recirculation of the environmental document would not be necessary.

Chairperson Tolson asked Mr. Caceres a question about the increase in demand for electricity and water.

Mr. Caceres responded that he contacted HCD inquiring if there is a policy in light of the recent drought. He stated that the HCD policy division informed him that there is sufficient infrastructure within the state of California to support continued housing.
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Commission comments:

Commissioner Hodge commented that he is pleased with the project and commends the applicant for not trying to build something that has higher density, height, or concessions, which could have adversely impacted the quality of life for the people that be living there.

Vice Chairperson Rice commented that he appreciates the applicant for putting the fourth story at the back of the project and for including very low-income units within the project. He added that a project like this is good during a drought, as it is compact; in an essential area; and not spread out, which would require more piping and infrastructure. He also commented that he hopes, in the future, more stores and restaurants will be added within walking distance from the project.

Commissioner Mann commented that he appreciates the forethought on the applicant’s responses to the questions asked by the Commission and that he looks forward to seeing future projects from the applicant.

Chairperson Tolson commented that he appreciates the applicant’s efforts to address Waste Management regarding the trash enclosures and that their current projects prove that this will be a good development.

Commissioner Gray commented that she is pleased with the variety of options for the units and that she likes the look of the project but would like there to be more color on the south elevation and interior courtyard elevations. She also stated that she would like to see more affordable housing options, but is pleased that some affordable units are included.

Mr. Caceres read the proposed condition (*A-21) to state the applicant will provide all required parking spaces as set forth by State law for the development.

VICE CHAIRPERSON RICE MOVED THAT THE

PLANNING COMMISSION OF THE CITY OF SIMI

VALLEY ADOPT A RESOLUTION RECOMMENDING

TO THE CITY COUNCIL APPROVAL OF A ZONE
CHANGE (Z-S-2022-0002) AND PLANNED
DEVELOPMENT PERMIT (PD-S-2022-0001) TO
CHANGE THE ZONING OF A .22-ACRE PORTION
OF THE 4.57-ACRE PROJECT SITE FROM

COMMERCIAL OFFICE (CO) TO RESIDENTIAL

VERY HIGH DENSITY (RVH), IN ORDER TO
CONSTRUCT A NEW 83-UNIT MULTI-FAMILY

RESIDENTIAL BUILDING, WITH FOUR
AFFORDABLE UNITS, LOCATED AT 1850

HEYWOOD STREET, AND ADOPTION OF A

MITIGATED NEGATIVE DECLARATION AND

MITIGATION MONITORING PLAN, AS AMENDED
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Tree Advisory Board Minutes – Page 5 November 23, 2022
Commissioner Mann seconded the motion.

AYES: Commissioners Hodge, Mann, and Gray;
Vice Chairperson Rice; and Chairperson
Tolson
NAYS: None
ABSTAIN: None
ABSENT: None
There is no appeal period for PD-S-2022-0001 and
Z-S-2022-0002. The items will proceed to the City
Council with the Planning Commission’s
recommendation.

B. OTHER – None

12. ORAL COMMUNICATIONS AND REPORTS
A. STAFF
Deputy Environmental Services Director/City Planner Sean Gibson informed the Commission of the tentative Planning Commission agenda for December 7, 2022, and the possibility of one of the items being continued to the December 21, 2022, Planning Commission Meeting or to a Special Planning Commission meeting on December 14, 2022.

City Attorney David Caceres informed Mr. Gibson that he will be unavailable on December 21, 2022.

Mr. Gibson stated that staff will reach out for a possible special Planning Commission Meeting on December 14, 2022, or that the item will be continued to January 2023.

B. PLANNING COMMISSION
Commissioner Gray stated she will not be available on December 21, 2022, but can attend remotely.

C. MOBILE HOME RENT MEDIATION BOARD – None
D. TREE ADVISORY BOARD – None
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Tree Advisory Board Minutes – Page 6 November 23, 2022

13. ADJOURNMENT
The regular meeting of the Planning Commission of the City of Simi Valley was adjourned at 8:04 p.m. The next scheduled Planning Commission meeting is on December 7, 2022.

Minutes prepared by:

Stephanie Yates
40 202
EXHIBIT 4

PLANNING COMMISSION STAFF REPORT
Z-S-2022-0002/PD-S-2022-0001/AHA-2022-0001
NOVEMBER 23, 2022
INDEX Page
Public Hearing Procedure ............................................................................................ 20 Resolution for Z-S-2022-0002/PD-S-2022-0001 ........................................................... 23 Exhibit A: Legal Description ..................................................................................... 26 Exhibit B: Proposed Zone Change Map for Z-S-2022-0002..................................... 27 Exhibit C: Conditions of Approval for PD-S-2022-0001............................................ 28 Exhibit D: Mitigation Monitoring Plan ....................................................................... 49 Exhibit 1: Reduced Exhibits
Exhibit 2: Traffic Study
Exhibit 3: Tree Report
Exhibit 4: Neighborhood Council Meeting Minutes
Exhibit 5: Initial Study/Mitigated Negative Declaration Exhibit 6: Letter from Applicant Requesting Incentives and Waivers Supplemental Staff Report.............................................................................................S1 203
ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy)

DEPARTMENT OF ENVIRONMENTAL SERVICES

PLANNING COMMISSION STAFF REPORT
CASE NO.: Z-S-2022-0002/PD-S-2022-0001/AHA-2022-0001 DATE: November 23, 2022 STAFF CONTACT: Elizabeth Richardson
(805) 583-6334
REQUEST: To consider a Zone Change, Planned Development Permit, and Affordable Housing Agreement to change the zoning of a
.22-acre portion of a 4.57-acre site from Commercial Office (CO) to Residential Very High Density (RVH) in order to construct a new 83-unit multi-family residential building with four affordable units and an affordable housing agreement, located at 1850 Heywood Street, and adoption of a Mitigated Negative Declaration and Mitigation Monitoring Plan for the subject applications.

RECOMMENDATION: Staff recommends that the Planning Commission recommend to the City Council approval of Z-S-2022-0002, PD-S-2022- 0001, the Mitigated Negative Declaration, and Mitigation Monitoring Plan.

APPLICANT: Heywood Street Associates LLC
920 Hampshire Road, Suite A4
Westlake Village, CA 91361
Attn: Chris Itule
805-379-5005
GENERAL PLAN: Very High Density Residential and Commercial Office EXISTING ZONING:

PROPOSED ZONING:

Residential Very High Density (RVH) and Commercial Office (CO)
Residential Very High Density (RVH)
LOCATION: 1850 Heywood Street
AGENDA ITEM NO.

11.A.1
204
CASE NO.: Z-S-2022-0002/PD-S-2022-0001/AHA-2022-00001
APPLICANT: Heywood Street Associates LLC
2 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy)

PROJECT DESCRIPTION
The Applicant, Heywood Street Associates LLC, requests approval of a Zone Change (Z-S-2022-0002) to change the zoning of a .22-acre portion of the property from Commercial Office (CO) to Residential Very High Density (RVH), a Planned Development Permit (PD-S-2022-0001) for the construction of a new 83-unit apartment building on a

3.11-acre portion of a 4.57-acre site, and an Affordable Housing Agreement (AHA-2022- 0001) for the provision of four (4) affordable units (5%) set-aside to very-low-income qualified renters, with the request for one development incentive and four development waivers pursuant to State Density Bonus law. The provisions of the affordable housing agreement will be considered by the City Council.

The overall 4.57-acre site is currently vacant but was previously developed as a hospital campus. Vegetation on the site consists of remaining ornamental trees and weedy areas, and the terrain is generally level. Heywood Street and medical buildings exist to the north and northeast of the site; a senior apartment building exists to the west; Erringer Road is to the east, with a townhouse development beyond; and the Arroyo Simi borders the site to the south, with Rancho Simi Park beyond. A multi-use recreation trail runs along the south boundary as well.

Zone Change and General Plan Consistency
The project site is split into two zones, Residential Very High Density (RVH) and Commercial Office (CO). The requested Zone Change will change the zoning for the .22-acre portion of the site, located at the northern edge of the site, from CO to RVH zoning. The remaining site area, currently zoned RVH, will not change. The purpose of the Zone Change is to make the entire project area residentially zoned, in order to accommodate the overall site design of the new apartment complex (see Figures 1 and 2).

Figure 1: Before Zone Change Figure 2: After Zone Change The General Plan land use for the site is also split. The larger 4.35 -acre portion of the site has a land use designation of Very High Density Residential (20.1-35 dwelling units 205
CASE NO.: Z-S-2022-0002/PD-S-2022-0001/AHA-2022-00001
APPLICANT: Heywood Street Associates LLC
3 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) per acre) while the smaller .22-acre portion is Office Commercial. However, a General Plan Amendment is not required to change the Office Commercial land use to Very High Density Residential. This is because General Plan Policy LU-32.1 states that when parcels, or portions thereof, are less than 1 acre in size, the General Plan Land Use designation and zoning may be inconsistent if the project is both consistent with the policies of the General Plan and the use is consistent with parcel size, zoning and surrounding uses. The proposed multi-family residential development is consistent with the existing residential development adjacent to the project site, and the proposed density is consistent with the underlying zoning of the larger portion of the site. Therefore, a General Plan Amendment is not required.

Planned Development Permit
Approximately 3.11 acres of the 4.57-acre project site will be developed with a new 83- unit multi-family residential building (Figure 3). The four-story, approximately 110,000 square foot apartment building is proposed to be built on the western edge of the property, between the existing residential apartments to the west and office building to the east.

The remaining 1.46-acre portion of the site will remain vacant and subject to a future entitlement. The project will include amenities for the residents including a swimming pool, fitness center, community room, media room, and common areas.

The fourth story component will be located at the rear of the building of the apartment complex. The building will include 45 one-bedroom units ranging in size between 800 and 810 square feet and 38 two-bedroom units ranging in size between 1,022 and 1,463 square feet. Four of the units will be designated as affordable housing, for very-lowincome qualified residents. Parking will include surface parking along the front property line for guest parking, as well as surface and garage parking in the gated parking lot that is located internally to the building.

Figure 3 – Site Plan
Refer to Exhibit 1 for reduced project exhibits.
206
CASE NO.: Z-S-2022-0002/PD-S-2022-0001/AHA-2022-00001
APPLICANT: Heywood Street Associates LLC
4 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) Density
The RVH zone allows a density of 20.1 to 35 dwelling units per acre. The entire property is one legal 4.57-acre lot; however, only a 3.11-acre portion of the site will be developed with this project. The remaining 1.46-acre area of the vacant site will be developed under a separate permit in the future. The project density for the 3.11-acre portion of the site is

26.7 units/acre which complies with the density requirements as set forth in SVMC 9-24.050 Table 2-3.

Traffic
A traffic study was prepared for the project which indicated the project is anticipated to generate approximately 559 average daily trips with 33 AM peak trips in the morning and 42 PM peak trips in the evening. The City’s Traffic Engineer has determined the additional trips generated by the proposed project will not create a significant impact on existing traffic operations in the vicinity. Refer to Exhibit 2 for the Traffic Study.

Site Plan Design
Parking
With the inclusion of Density Bonus law, the project qualifies for the parking requirements as set forth under Government Code Section 65915(p)(1)(A) and (B). For one-bedroom units, the State’s parking calculation is 1 parking space per unit, and for two-bedroom units the State’s parking calculation is 1.5 spaces per unit. Although guest parking is not required, the Applicant is proposing 10 parking spaces located at the building’s main entrance as an amenity to guests.

Bedrooms Parking Calculation Required Parking Spaces
1-bedroom (45 units) 1 space per unit x 45 units 45 parking spaces 2-bedroom (38 units 1.5 spaces per unit x 38 units 57 parking spaces Guest Parking None Required None Required
Total Required Parking Spaces 102 parking spaces
Total Parking Spaces Provided 131 parking spaces
Based on the State parking calculation, the residential parking requirement is 102 parking spaces for tenants. The applicant is providing 131 spaces, a surplus of 29 parking spaces.

Tree Report
A Tree Report was prepared by LAJohnny (Exhibit 3). The site currently contains 44 mature trees, 40 of which will be removed for site improvements. The trees to be removed consist of 10 Fan Palm, 7 Red Ironbark, 7 Canary Island Pine, 3 Melaleuca, 3 Holly Oak, 3 Peppermint Eucalyptus, 2 Carrotwood, 2 Cottonwood, 1 Flame Tree, 1 Pepper Tree, and 1 Olive Tree. The City’s Mature Tree Preservation Ordinance requires the applicant to replace the removed trees with specimen size trees (36-inch box) planted on site, valued up to the appraised value of the trees being removed. The total replacement value of the removed mature trees is $46,136. The applicant proposes to address the loss by planting replacement trees of equal value located throughout the project site. Per Planned Development Permit Condition C-2, the applicant is required to obtain a Tree Removal Permit prior to removal or approval of the grading plans for the project to ensure tree replacement. Additionally Mitigation Measure I-7 requires a nesting bird study be completed if construction related activities occur between February 1 and August 30. 207
CASE NO.: Z-S-2022-0002/PD-S-2022-0001/AHA-2022-00001
APPLICANT: Heywood Street Associates LLC
5 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) Building Design
The project’s building design follows a modern contemporary architectural design and includes stucco and fiber cement composite siding, flat roofs, sloped roofs with metal roofing, tower elements, metal awnings, vinyl windows, and metal railings (Figures 4 through 8).

The building massing is modulated with horizontal and vertical articulation, and the exterior contains a variation of building materials. The building provides vertical articulation by varying the parapet heights. Horizontal articulation is provided by furring out portions of the walls above the first floor, providing a large balcony on the east elevation, and projecting the main entrance to the building along the north elevation. The building has a first-story base, finished in two-color stucco. The second, third, and fourth stories use a variety of materials including stucco and fiber cement composite lap and shingle siding. The front entry to the building is defined with fiber cement composite siding that extends to the ground and is accentuated with a trellis.

Figure 4 – North Elevation
Figure 5 – West Elevation
208
CASE NO.: Z-S-2022-0002/PD-S-2022-0001/AHA-2022-00001
APPLICANT: Heywood Street Associates LLC
6 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) Figure 6 – East Elevation
Figure 7 – South Elevation
Figure 8 – Interior Elevation
Affordable Housing
State Laws and Analysis Related to Density Bonus and Affordable Housing:

The Applicant is providing four (4) affordable housing units for very-low-income qualified renters, or 5% of the 83 units. Per Government Code Section 65915, this qualifies the project for a 20% density bonus, modified parking requirements, one concession, and multiple waivers as long as the waivers do not impose a life or safety hazard.

The following is a discussion of the California Government Code and City requirements, as they relate to the allowed residential density, affordability, and what is required by the 209
CASE NO.: Z-S-2022-0002/PD-S-2022-0001/AHA-2022-00001
APPLICANT: Heywood Street Associates LLC
7 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) State when the City is considering a project with affordable housing and a Density Bonus.

An Affordable Housing Agreement (AHA) will be considered by the Affordable Housing Subcommittee and the City Council, and current City codes do not require the AHA to be reviewed by the Planning Commission. The Subcommittee and City Council ensure consistency with State laws for affordable housing. However, findings are also required for the approval of the Planned Development Permit which must include consideration of the State-allowed concessions and waivers as they relate to consistency with the General Plan and Development Code. The following code sections highlight some of the applicable Government Codes:
• GC §65915(d)(2)(A) states that: “[The applicant shall receive] one incentive or concession for projects that include at least 5 percent of the total units for very low income households…”
• GC §65915(k)(1) states that the City must grant: “A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission… including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable and actual cost reductions, to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code…”
• GC §65915(k)(3) states that the City must grant: “Other regulatory incentives or concessions proposed by the developer or the city…that result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units…” • GC §65915(e)(1) states that: “In no case may a city…apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria…at the densities or with the concessions or incentives permitted by this section…[Nothing in this subdivision shall be] interpreted to require a local government to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health, safety, [or the physical environment], and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact…” In general, denial of an incentive or waiver requires a finding that the incentive or waiver, if not granted, would have a “specific, adverse impact” on health, safety, or the physical environment, and for which there is no mitigation (a “Safety Impact”). Denial by the City of any of the concessions or waivers would require either the specific written findings for a Safety Impact, or alternatively, under the definition of waivers, it would be necessary to find that the granting of the waiver is not required because the waiver in question does not “physically preclude” the construction of the Project.

Incentive/Waivers/Affordable Housing:

As mentioned before, the Applicant is providing four (4) affordable housing units for verylow-income qualified renters, or 5% of the 83 units. Per Government Code Section 65915, this qualifies the project for a 20% density bonus, modified parking requirements, one 210
CASE NO.: Z-S-2022-0002/PD-S-2022-0001/AHA-2022-00001
APPLICANT: Heywood Street Associates LLC
8 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) incentive, and multiple waivers, as long as the waivers do not impose a life or safety hazard. The low-income units proposed, and the terms of the Affordable Housing Agreement, will be reviewed by the Affordable Housing Subcommittee prior to the project being heard by the City Council.

Concessions/incentives are defined as reductions in site development standards or modifications of zoning/architectural design requirements that result in “identifiable and actual cost reductions to provide for affordable housing.” Waivers are mandatory, upon request of the applicant, for development standards that “physically preclude” the construction of the project that qualifies for a Density Bonus or concession.

The applicant is not requesting a density bonus [Government code 65915(f)]. However, the Applicant has requested one incentive, as allowed by Government Code 65915(d)(1)(A), and four waivers, as allowed by Government Code 65915(e)(1). Refer to the Applicant’s letter “Density Bonus Application The Churchill 1850 Heywood Street, Simi Valley, CA”, dated June 10, 2022 (Exhibit 6) for their explanation of the requested incentive and waivers. The following is a summary of the Applicant’s requested incentive and waivers with Staff’s recommendation:

A. Incentive:

1. Increase of Allowable Building Height.

Applicant’s Statement: Increase in the allowable building height from 40 feet to

45.6 feet. This increase of 5.6 feet is necessary in order to accommodate the parapets for screening of equipment and the safety of people working on the roof. This increase in the building height is in keeping with the City’s 20% allowable increase in the maximum allowed building height set forth in SVMC Section 9-31.020(B)(2)(b).

Staff’s Response: Staff is in support of this incentive since the Applicant has designed the project with the increased building height placed at the rear of the building with articulation to break up the building massing. In addition, the granting of this incentive would not have an adverse impact upon public health and safety of the physical environment as defined in paragraph (2) of subdivision (d) of Government Code Section 65589.5.

B. Waivers: Waivers include the following:

1. Reduced front yard landscaping
Applicant’s Statement: The developer hereby requests a waiver for the requirement of a 10 foot wide landscape area along the street facing property line. SVMC Section 9-33.030(B). This is necessary to accommodate adequate parking along the street-facing side of the property which contains the entrance, lobby, and mail/delivery area. In order to discourage street parking, the Applicant wants to provide as much guest parking as possible on the site. The site design cannot be changed to accommodate the landscape area without losing parking spaces which would decrease the number of market rate and affordable units.
211
CASE NO.: Z-S-2022-0002/PD-S-2022-0001/AHA-2022-00001
APPLICANT: Heywood Street Associates LLC
9 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) Staff’s Response: Staff is in support of this waiver since the project still provides landscaping across the front of the property and additional parking than is required is located on site and the reduced landscaping would not have an adverse impact upon public health and safety of the physical environment, as defined in paragraph (2) of subdivision (d) of Government Code Section 65589.5.

2. Walking Distance to trash enclosure Waiver
Applicant’s Statement: The developer hereby requests a waiver for a 250 foot distance from the apartment entry door to the trash enclosure. SVMC 9-

35.505(D)(1). In order to accommodate the number of parking spaces necessary for the building we have two central trash enclosure areas which necessitates this waiver. A reduction in parking spaces would reduce the overall number of units which would then decrease the number of affordable units we are providing to the City of Simi Valley.

Staff Response: Staff is in support of this waiver since the project still provides two trash facilities for the residents which are located within 250 feet of the building entrances and the increased walking distance to the two trash enclosures would not have an adverse impact upon public health and safety of the physical environment, as defined in paragraph (2) of subdivision (d) of Government Code Section 65589.5.

3. Walking Distance to tenant parking Waiver
Applicant’s Statement: The developer hereby requests a waiver for a 200 foot distance from tenant parking to the apartment entry door. Government Code Section 9-34.040(e). This site has been designed to accommodate the most amount of surface parking possible under the present conditions without creating subterranean parking which would not be economically possible, nor would it be feasible given the conditions of the soil. The Applicant assigned the parking in a very efficient manner; however, some units will not meet this requirement making this waiver necessary. Again, the Applicant wants to provide as many affordable units to the City as possible and this waiver would allow the Applicant to get to the required density to provide the aforementioned amount of affordable units.

Staff Response: Staff is in support of this waiver since the project still provides the required number of parking spaces and meets ADA accessibility requirements. The increased walking distance to tenant parking would not have an adverse impact upon public health and safety of the physical environment, as defined in paragraph (2) of subdivision (d) of Government Code Section 65589.5.

4. Increase number of stories
Applicant’s Statement: The developer hereby requests a waiver to increase the number of stories from 3 stories to 4 stories in the rear portion of the site, 212
CASE NO.: Z-S-2022-0002/PD-S-2022-0001/AHA-2022-00001
APPLICANT: Heywood Street Associates LLC
10 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) Government Code Section 9-24.050. The additional 4th story allows for additional apartments which allows the project to be economically viable.

Staff Response: Staff is in support of this incentive since the Applicant has designed the project with the additional fourth story placed at the rear of the building with articulation to break up the building massing. In addition, the granting of this waiver would not have an adverse impact upon public health and safety of the physical environment as defined in paragraph (2) of subdivision (d) of Government Code Section 65589.5

NEIGHBORHOOD COUNCIL
Executive Board of Neighborhood Council #3 heard the project on September 15, 2022 and recommended approval by a vote of 5-0 with 1 abstention. The audience vote was 0-1 with 1 abstention. A summary of NC #3 meeting is attached as Exhibit 4.

ANALYSIS
The project is consistent with the following findings:

1. Planned Development Permit and Zone Change Finding (SVMC 9-52.050.F.1 and 9-73.070.A): The project is consistent with the purpose, intent, goals, policies, programs, and land use designations of the General Plan and any applicable specific plan. The Land Use designation of the subject property is Very High Density Residential (20.1 to 35 units per acre). The purpose of this land use is to provide for a higher density residential environment. Very High Density areas are intended to result in garden apartments or similar structures, usually of three stories in height or more. It is intended that this designation be limited in its use, to the central portion of the valley floor, on arterial streets and near shopping, transit, and other public facilities. This intent is met in that Heywood Street is a street with High and Very High Density Land Use designations adjacent to Erringer Road, which contains transit and shopping services. The project is also consistent with the following General Plan Policies:
a. Policy LU 2.1: “Provide opportunities for a full range of housing types, locations, and densities to address the community’s fair share of regional housing needs and to provide market support to economically sustain commercial land uses in Simi Valley.” The project provides 45 one-bedroom and 38 two-bedroom unit to an area zoned for Very High Density. These units are available for all ages and have a broad range of amenities including a centralized courtyard with a pool and lounge area, community room, and fitness center. The four affordable units will provide rental opportunities to very-low-income households for a 55-year term to address the regional housing needs. The overall project density of 26 units per acre will benefit the nearby commercial uses along Erringer Road, which is within immediate walking distance, and also adjacent to public transit. 213
CASE NO.: Z-S-2022-0002/PD-S-2022-0001/AHA-2022-00001
APPLICANT: Heywood Street Associates LLC
11 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) b. Policy HE-1.1: “Provide a wide choice of new housing featuring a range of styles, types, densities, and amenities to accommodate the needs of all socioeconomic segments of the community.” The overall density is 26 units per acre with no density bonus increase requested. The four story building is located adjacent to existing high density residential and commercial uses.

Four of the 83 units are proposed to be set aside for affordable rent for qualified tenants at the very-low-income category.
c. Policy LU 15.2: “Encourage new multi-family development to provide amenities for residents, such as on-site recreational facilities and community meeting spaces.” The 83-unit project provides an outdoor courtyard with swimming pool, barbeque and lounge areas, and an indoor fitness and community meeting rooms.

The project’s compatibility is further described in Table 1:

Table 1

GENERAL PLAN ZONING LAND USE
Subject
Site:

Very High Density
Residential/
Office Commercial
Existing: Residential
Very High Density
(RVH)/ Commercial
Office (CO)
Proposed: Residential
Very High Density
(RVH)
Existing: Vacant
Proposed: 83
Apartments
North: Office Commercial Commercial Office
(CO)
Heywood Street;
Medical Office
beyond
South: Water Body Residential Moderate
Density (RMod)
Arroyo Simi
East: Office
Commercial/High
Density
Commercial Office
(CO)
Office Building;
Erringer Road
beyond
West: High Density Residential High
Density (RH)
Senior Apartment
Building
Therefore, the project is consistent with these findings. 214
CASE NO.: Z-S-2022-0002/PD-S-2022-0001/AHA-2022-00001
APPLICANT: Heywood Street Associates LLC
12 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy)

2. Planned Development Permit Finding: The project is in full compliance with this Development Code and the Municipal Code (SVMC 9-52.050.F.2), in that an apartment building is a permitted use within the RVH zone subject to approval of the Zone Change and Planned Development Permit, per Simi Valley Municipal Code (SVMC) Section 9-24. A description of the project’s consistency with the Development Code is show in Table 2. The table identifies, where appropriate, the requested concessions and waivers that deviate from the City’s Municipal Code standards.

Table 2: Municipal Code Requirements
Standard Required Provided
Minimum Building
Setbacks
Front: 37 feet 53.5 feet
Rear: 20 feet 29 feet
Side: 15 feet West - 69 feet
East – 49 feet
Maximum Building
Height
Maximum Number of
Stories
40 feet
3 stories
45 feet 6 inches (Density
Bonus Concession to
increase height is
requested)
4 stories (Density Bonus
Incentive to increase
number of stories is
requested).

Minimum Off-Street
Parking
102 spaces pursuant
to State Density Bonus
Law [Government
Code Sections
65915(p)(1) and (4)]
131 parking spaces:
(44 garage spaces and 87
uncovered spaces)
Landscaping adjacent to
streets
10-foot wide
landscaping area
along street facing
property line
5 feet (Density Bonus
incentive is requested).

The residential component of the project also meets the requirements contained in SVMC Section 9-24.060, in that the proposed project meets the Mandatory Standards and at seven Optional Standards as outlined in the two tables below:
215
CASE NO.: Z-S-2022-0002/PD-S-2022-0001/AHA-2022-00001
APPLICANT: Heywood Street Associates LLC
13 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) Table 3: Mandatory Standards per SVMC Section 9-24.060(B)

STANDARD PROVIDED
1 1b. Fencing materials shall be
slumpstone, wrought iron, textured
concrete or other similarly constructed
walls.

The project site will include new
retaining walls and fences along the
perimeter of the site. Final review and
approval of the colors and materials
would be conducted by the Deputy
Environmental Services Director/City
Planner. (Condition *A-16)
2 1c. All property line walls and fences
shall be no further than one inch from
any property line.

The project complies with this
requirement, per Condition *A-16.
3 1d. All aboveground utility equipment
visible from the street shall be screened
by the use of landscaping or a low wall
matching the building décor.

Condition A-9 requires that the
applicant provide a Final Utility
Equipment Screening Program for all
aboveground utilities.
4 1f & 2c. Roof equipment shall be
screened from view of adjacent parcels
and street rights-of-way by means which
are architecturally integrated into the
structure.

The roof plan indicates that the
proposed rooftop HVAC units will be
screened by the proposed parapet
and screen walls, and required per
Condition *A-17.
5 2a. Each project shall contain a
sufficient number of trash enclosures to
screen bins for collection of discards
pursuant to SVMC 9-35.

The project includes two trash
enclosures on the east and west side
of the property, which will hold two to
three receptacles each, one of which
will be for recycling, and meet the
requirements of SVMC 9-35.050.
6 2b. Units shall be designed with
outside, enclosed, lockable, secure
storage areas attached to the unit,
garage, or attached carport.

Secured storage lockers are
proposed within tenant storage rooms
on the first floor and garages.

Condition *A-20 requires that each
unit be assigned a minimum of one
locker and that they are lockable.
7 3. Affordable and senior housing
projects shall have an Affordable or
Senior Housing Agreement in
compliance with the City’s Affordable
Housing Guidelines.

The project will include an Affordable
Housing Agreement for the four
affordable units.
216
CASE NO.: Z-S-2022-0002/PD-S-2022-0001/AHA-2022-00001
APPLICANT: Heywood Street Associates LLC
14 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) Table 4: Seven Optional Standards per SVMC Section 9.24.060(D)* Standard Provided
1 2a. The project shall be an “infill
project.”
The project is and infill project, located on the
“valley floor” and is surrounded by existing
residential and commercial development.
2 2e. Physical security devices
shall be incorporated into the
design of the project.

The proposed apartment complex will include
security cameras throughout the project site
monitored by the property management,
individual apartment security system, and
smart lock access for apartment entry doors,
as required per Condition *A-19.
3 2i. The project shall integrate
enriched landscaping in parkways
and greenbelts throughout the site.

The project includes landscape planters at
the perimeter of the site with new trees, as
well as an interior courtyard landscaping and
hardscape with trees, shrubs, dry stream bed
design, BBQ, lounge area, fireplaces and a
swimming pool.
4 2j. Roof materials shall not
consist of asphalt shingles.

The building design consists of standing
seam metal roofing at sloped metal roofing.

Flat roofs have a TPO roof with white solar
reflective roof membrane.
5 4a. The project shall provide a
substantial recreation component
as determined by the Commission.

The project amenities include a media room
with seating, a large community room, a
fitness workout room, outdoor area for yoga,
outdoor kitchen and BBQ, and a swimming
pool.
6 4d. The interface between the
project and surrounding uses shall
be gradual, providing a compatible
transition of the project into the
neighborhood.

The project is surrounded by landscaping,
commercial uses to the north and east, and
multi-story residential to the west. The
building is setback approximately 53 feet
from the front property line and trees and
fencing are provided to separate the project
from the adjacent residential and commercial
development. Additionally, a 69-foot side
setback separates the new 3 story building
from the adjacent 3 story apartment building.

These design elements provide a transition to
the existing development surrounding the
project site.
7 4g. One bedroom dwelling units
shall consist of a minimum of 800
square feet and two bedroom units
shall consist of a minimum of 1,000
square feet.

The one bedroom units range in size between
800 and 810 square feet and two bedroom
units range in size between
1,022 and 1,463 square feet.

Therefore, the project is consistent with this finding. 217
CASE NO.: Z-S-2022-0002/PD-S-2022-0001/AHA-2022-00001
APPLICANT: Heywood Street Associates LLC
15 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy)

3. Planned Development Permit Finding: The project is consistent with the Cityadopted design guidelines (SVMC 9-52.050.F.3), in that the project is consistent with Multi-Family Residential Guidelines 4c, which states “Multi-family buildings should incorporate significant and functional vertical and horizontal articulation features on the front building elevation. Secondary elevations should carry through the features found on the front elevation and should not be left as essentially blank or flat surfaces.” The building design utilizes horizontal and vertical articulation with varying roof heights and modulation of the building walls and projecting awnings.

The use of large wall surrounds, provide depth and shadow to the building.

Horizontal awnings are on the west, east, and south elevations to achieve further articulation. Therefore, the project is consistent with this finding.

In addition, Multi-Family Residential Guidelines 4c, states: “Common area facilities, such as pools, recreation buildings, and outdoor play and picnic areas should have direct access and visibility from the majority of the units for which the facility is providing service.” With the proposed courtyard design, visibility to the outdoor pool and common area amenities is provided from the outdoor walkways in front of most of the units, and the indoor fitness and community rooms are accessible from the gated indoor walkways, stairways, and elevator to the majority of the units. Therefore, the project is consistent with this finding.

4. Planned Development Permit Finding: That the proper standards and conditions have been imposed, which protect the public health, safety, and welfare (SVMC 9-

52.050.F.4), in that the construction of the proposed apartment complex is required to meet all standards of the California Building Code, and has provided for project grading drainage, water, and sewer infrastructure per Conditions B-8, B-11, B-19 and B-26, respectively. Per Condition B-13, the applicant is required to obtain a Letter of Map Revision (LOMR) from FEMA, which involves grading of the site so that the buildings are not located within the 100-year flood plain. Therefore, the project is consistent with this finding.

5. Zone Change Finding: The applicable review authority shall state how it 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 residents and against available fiscal and environmental resources, in compliance with the State law (SVMC 9-73.070.B) in that the zone change facilitates the rezoning of the .22-acre portion of the site, to Residential Very High Density to accommodate development of an 83-unit apartment building. The new apartment units provide new housing opportunities for residents in the City. The development will not create a significant effect on fiscal resources as the applicant will construct required infrastructure improvements as conditioned by the City. The applicant is also responsible for payment of fees to offset effects upon schools and parks. The project includes Mitigation Measures to address potentially significant environmental impacts from the project (refer to Environmental Findings Section) and reduce the impacts to less than significant levels. Therefore, the Zone Change does comply with the City’s housing needs and balances with the public service needs and environmental and fiscal resources. Therefore, the project is consistent with this finding.
218
CASE NO.: Z-S-2022-0002/PD-S-2022-0001/AHA-2022-00001
APPLICANT: Heywood Street Associates LLC
16 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy)

ENVIRONMENTAL REVIEW AND CEQA REQUIREMENTS
An Initial Study (Exhibit 5) was prepared for the project in accordance with Section 15063 of the State of California Environmental Quality Act (CEQA) Guidelines. Based on the conclusions in the Initial Study, it was determined the project could have significant effects on Air Quality, Biological Resources, Noise, and Tribal Cultural Resources. The applicant has incorporated the following mitigation measures that would reduce the potentially significant environmental impacts to an insignificant level:

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

I-3 Project grading plans must show for the duration of construction, ozone precursor emissions from construction equipment. Vehicles must be controlled by maintaining equipment engines in good condition and in proper tune per manufacturer’s specifications, to the satisfaction of the City Engineer. Compliance with this mitigation measure will be subject to periodic inspections of construction equipment by the Public Works Department.
219
CASE NO.: Z-S-2022-0002/PD-S-2022-0001/AHA-2022-00001
APPLICANT: Heywood Street Associates LLC
17 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) I-4 Construction equipment must be outfitted with Best Available Control Technology devices, including a California Air Resources Board-certified Level 3 Diesel Particulate Filter or equivalent control device.

I-7 To avoid disturbance of nesting and special status birds, including raptor species protected by the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code (CFGC), activities related to the project including, but not limited to, vegetation removal, ground disturbance, construction, and demolition shall occur outside of the bird breeding season (February 1 through August 30), if feasible. If construction must begin during the breeding season, then a preconstruction nesting bird survey shall be conducted no more than 14 days prior to the initiation of ground disturbance and vegetation removal activities. The nesting bird preconstruction survey shall be conducted on foot inside the project site boundary, including a 300-foot buffer (500-foot for raptors), and in inaccessible areas (e.g. private lands) from afar using binoculars to the extent practical. The survey shall be conducted by a biologist familiar with the identification of avian species known to occur in Southern California. If nests are found, an avoidance buffer (dependent upon the species, the proposed work activity, and existing disturbances associated with land uses outside of the site) shall be determined and demarcated by the biologist with bright orange construction fencing, flagging, construction lathe, or other means to mark the boundary. If a raptor nest is observed in a tree proposed for removal, the Applicant must consult with California Department of Fish and Wildlife (CDFW). All construction personnel shall be notified as to the existence of the buffer zone and instructed to avoid entering the buffer zone during the nesting season. No ground disturbing activities shall occur within this buffer until the avian biologist has confirmed that breeding/nesting is complete, and the young have fledged the next.

I-8 For all construction-related activities, noise attenuation techniques must be employed as needed to ensure that noise remains as low as possible during construction. The following noise attenuation techniques must be incorporated into contract specifications to reduce the impact of construction noise:
i. Ensure that construction equipment is properly muffled according to industry standards and in good working condition.
220
CASE NO.: Z-S-2022-0002/PD-S-2022-0001/AHA-2022-00001
APPLICANT: Heywood Street Associates LLC
18 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) ii. Place noise-generating construction equipment, and locate constructionstaging areas, away from sensitive uses, where feasible. iii. Schedule high noise-producing activities between the hours of 7:00 AM and 5:00 PM to minimize disruption on sensitive uses.
iv. Implement noise attenuation measures, to the extent feasible, which may include, but are not limited to, temporary noise barriers or noise blankets around stationary construction noise sources.
v. Use electric air compressors and similar power tools rather than diesel equipment, where feasible.
vi. All stationary construction equipment (e.g., air compressors, generators, impact wrenches, etc.) must be operated as far away from residential uses as possible and must be shielded with temporary sound barriers, sound aprons, or sound skins.
vii. Construction-related equipment including heavy-duty equipment, motor vehicles, and portable equipment, must be turned off when not in use for more than five minutes.
viii. Clearly post construction hours, allowable workdays, and the phone number of the job superintendent at all construction entrances to allow for surrounding owners to contact the job superintendent. If the City or the job superintendent receives a complaint, the superintendent must investigate, take appropriate corrective action, and report the action taken to the reporting party.

I-9 If cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease, and a qualified archaeologist meeting Secretary of Interior standards shall assess the find. Work on the portion of the Projects outside the buffered area may continue during this assessment period. The Fernandeño Tataviam Band of Mission Indians (FTBMI) shall be contacted about any pre-contact and/or post-contact finds and be provided information after the archaeologist makes their initial assessment of the nature of the find, to provide Tribal input with regards to significance and treatment.

I-11 The Lead Agency and/or applicant shall, in good faith, consult with the FTBMI on the disposition and treatment of any Tribal Cultural Resource encountered during all ground-disturbing activities.
221
CASE NO.: Z-S-2022-0002/PD-S-2022-0001/AHA-2022-00001
APPLICANT: Heywood Street Associates LLC
19 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) Therefore, in accordance with Section 15070 and 15072 of the CEQA Guidelines, a Mitigated Negative Declaration (MND) was prepared for the project and advertised for a 20-day public review period from October 28, 2022 to November 16, 2022. No comments were received during this review period. Therefore, it is hereby found that there is no substantial evidence that the project would have a significant effect on the environment.

In that that the Initial Study and Mitigated Negative Declaration were prepared by the City, it is hereby found that the documents reflect the independent judgement and analysis of the City. Based on compliance with City ordinances and the proposed design of the project, all environmental effects of the project will not be significant.

INDEX Page
Public Hearing Procedure ............................................................................................ 20 Resolution for Z-S-2022-0002/PD-S-2022-0001 ........................................................... 23 Exhibit A: Legal Description ..................................................................................... 26 Exhibit B: Proposed Zone Change Map for Z-S-2022-0002..................................... 27 Exhibit C: Conditions of Approval for PD-S-2022-0001............................................ 28 Exhibit D: Mitigation Monitoring Plan ....................................................................... 49 Exhibit 1: Reduced Exhibits
Exhibit 2: Traffic Study
Exhibit 3: Tree Report
Exhibit 4: Neighborhood Council Meeting Minutes
Exhibit 5: Initial Study/Mitigated Negative Declaration Exhibit 6: Letter from Applicant Requesting Incentives and Waivers 222
20 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy)

PLANNING COMMISSION PUBLIC HEARING PROCEDURE
HEARING DATE: November 23, 2022
Z-S-2022-0002/PD-S-2022-0001/AHA-2022-0001

1. CHAIRMAN: a) This is the time and place set for a public hearing on the consideration of Z-S-2022-0002, PD-S-2022-0001 and
the Mitigated Negative Declaration and Mitigation
Monitoring Plan therefor.
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: Would the applicant like to present the project?

6. CHAIRMAN: Are there any questions for the applicant?

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

8. AUDIENCE: (Comments)

9. 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) Would the applicant like to respond to any of the
comments regarding statements made during the public
hearing?
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?

10. ANY COMMISSIONER: (Comments)
223
21 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy)

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

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

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

14. ANY
COMMISSIONER: I move to adopt a resolution recommending approval of Z-S-2022-0002, PD-S-2022-0001, Mitigated Negative
Declaration, and Mitigation Monitoring Reporting
Program.
or

I move to adopt a resolution recommending denial of the project.
[Staff will prepare the resolution for the Planning Commission to ratify at the next meeting.]

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

16. CHAIRMAN: May I have a Second?

17. ANY
COMMISSIONER: I second the motion.

18. CHAIRMAN: Call for the vote.

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

20. CHAIRMAN:

If a motion for a Recommendation for Approval:

There is no Appeal period for the Planned Development
Permit (PD-S-2022-0001) and Zone Change (Z-S-2022-
0002). The items will proceed to the City Council with the Planning Commission’s recommendation.
[NOTE: A minimum of three affirmative votes is required for the PC recommendation to proceed to CC]
If a motion for a Recommendation for Denial:

The appeal period for the Planned Development Permit
(PD-S-2022-0001) and Zone Change (Z-S-2022-0002) is 14
calendar days.
224
22 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) or

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

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

23. CHAIRMAN: Proceed to the next item.
225
23 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) RESOLUTION NO. SVPC 09-2022

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF SIMI VALLEY RECOMMENDING TO THE

CITY COUNCIL APPROVAL OF A ZONE CHANGE
(Z-S-2022-0002) AND PLANNED DEVELOPMENT PERMIT
(PD-S-2022-0001) TO CHANGE THE ZONING OF A
.22-ACRE PORTION OF THE 4.57-ACRE PROJECT SITE

FROM COMMERCIAL OFFICE (CO) TO RESIDENTIAL

VERY HIGH DENSITY (RVH), IN ORDER TO CONSTRUCT
A NEW 83-UNIT MULTI-FAMILY RESIDENTIAL BUILDING,

WITH FOUR AFFORDABLE UNITS, LOCATED AT
1850 HEYWOOD STREET, AND ADOPTION OF A

MITIGATED NEGATIVE DECLARATION AND MITIGATION

MONITORING PLAN
WHEREAS, the applicant, Heywood Street Associates LLC, has requested approval of a Zone Change (Z-S-2022-0002) and Planned Development Permit (PD-S2022-0001) for that 4.57-acre site located at 1850 Heywood Street, known as Ventura County Assessor's Parcel Nos. 632-0-050-355 and 632-0-050-395, and by the legal description attached hereto as Exhibit A, for the purpose of changing the zoning designation on a .22-acre portion of the site from Commercial Office (CO) to Residential Very High Density (RVH) and to construct an 83-unit multi-family residential building on a 3.11-acre portion of the site; and adoption of the project’s Mitigated Negative Declaration (MND) and Mitigation Monitoring Plan; and
WHEREAS, an initial study, Mitigated Negative Declaration, and Mitigation Monitoring Plan were prepared for the project, and advertised from October 28, 2022, to November 16, 2022.

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

SECTION 3. The findings, for approval, for Z-S-2022-0002 and PD-S2022-0001, contained in the Planning Commission staff report dated November 23, 2022, and incorporated herein by reference, are hereby recommended to the City Council for approval.
226
RES. NO. SVPC 09-2022
24 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) SECTION 4. Zone Change No. Z-S-2022-0002 to change the Zoning designation for a .22 acre portion of the site from Commercial Office (CO) to Residential Very High Density (RVH), as specified in Exhibit B, attached hereto, and incorporated herein by reference, is hereby recommended to the City Council for approval.

SECTION 5. Planned Development Permit No. PD-S-2022-0001 is hereby recommended to the City Council for approval, subject to compliance with all the conditions attached hereto as Exhibit C.

SECTION 6. The time within which judicial review must be sought for administrative decisions is governed by California Code of Civil Procedure Section 1094.6.

PASSED and ADOPTED this 23rd day of November 2022.

Attest:
_______________________________ _______________________________ Stephanie Yates John Tolson, Chairperson
Recording Secretary Planning Commission
Approved as to Form: Approved as to Content:
_______________________________ _______________________________ David Caceres Sean Gibson
City Attorney Deputy Environmental Services Director/
City Planner
227
RES. NO. SVPC 09-2022
25 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (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 November 23, 2022, by the following vote:

AYES:

NAYS:

ABSTAIN:

ABSENT:

ATTEST:

Stephanie Yates
Recording Secretary
228
RES. NO. SVPC 09-2022

EXHIBIT A
26 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy)

EXCEPT THEREFROM ONE-TENTH PART OF THE TOTAL (GROSS) OIL, GAS OR

OTHER KINDRED SUBSTANCES OR OTHER MINERALS EXTRACTED FROM SAID

LAND AS RESERVED BY VENTURA LAND AND WATER COMPANY, A
CORPORATION, RECORDED FEBRUARY 7, 1929 IN BOOK 239 PAGE 493, OF OFFICIAL RECORDS.

ALSO EXCEPT THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN AND TO A

NINE-TENTHS PART OF THE TOTAL (GROSS) OIL, GAS OR OTHER KINDRED

SUBSTANCES OR OTHER MINERALS IN, UPON OR UNDERLYING SAID LAND OR

HEREAFTER EXTRACTED THEREFROM AS RESERVED BY PACIFIC STATES SAVINGS AND LOAN COMPANY IN DEED RECORDED JULY 10, 1947 IN BOOK 789 PAGE 376, OF OFFICIAL RECORDS.
229
RES. NO. SVPC 09-2022

EXHIBIT B
27 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) Zone Change No. Z-S-2022-0002
A Zone Change from Commercial Office to Residential Very High Density, for the .22-acre portion of the property located at 1850 Heywood Street, as described as follows:
1850 Heywood Street
APNs: 632-0-050-355 and 632-0-050-395
230
RES. NO. SVPC 09-2022
28 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) CASE NO.: PD-S-2022-0001 (Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC EXHIBIT C

Applicant must comply with all of the conditions.

A. ENVIRONMENTAL SERVICES CONDITIONS:

Planning Division:

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

A-3 Applicant must defend, indemnify, and hold harmless the City, its agents, officials, and employees from any claim, action, or proceeding against the City or its agents, officials, or employees in any action to attack, set aside, void, or annul the approval of this permit. The City will promptly notify Applicant of any claim, action, or proceeding; and the City will cooperate fully in the defense. The City must also have the right to consult and participate with Applicant in the development of litigation strategy. Further, Applicant must select an attorney, acceptable to the City, who will defend 231
RES. NO. SVPC 09-2022
CASE NO.: PD-S-2022-0001 (Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
29 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) such proceeding. Such approval of an attorney will not be unreasonably withheld.

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

A-7 Applicant must provide to the Deputy Environmental Services Director/City Planner a copy of all conditions of approval recorded with the Ventura County Recorder's Office.

A-9 Applicant must submit a utility plan to the Deputy Environmental Services Director/City Planner for review and approval. The plan must include:
a. Size and location of all above-ground utility cabinets and underground utility vaults for electric, telephone, cable communications, backflow prevention devices, and fire sprinkler pressure detector check valves (utility equipment);
232
RES. NO. SVPC 09-2022
CASE NO.: PD-S-2022-0001 (Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
30 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) b. Screening design and location for all above-ground utility equipment by method of masonry walls, landscaping, or a combination of both; c. A minimum of three feet of clearance between all above-ground utility equipment and the screening;
d. Access panels oriented away from all public rights-of-way; e. Fire sprinkler pressure detector check valves located a minimum of 10 feet from all property lines adjacent to public rights-of-way, unless determined by the Deputy Environmental Services Director/City Planner to be not feasible;
f. Depiction of the Traffic Sight Safety Area (TSSA); and g. Location of all above-ground utility equipment outside of the TSSA.

A-13 Applicant must submit photometric and luminaire plans which comply with Simi Valley Municipal Code Section 9-30.040. All exterior light fixtures depicted on this plan must have fully recessed lenses and cut-off features that limit illumination at the property line to 0.5 foot-candles. A note will be placed on the plan that states: "All downcast light fixtures will be installed and permanently maintained in a horizontal position."
*A-14 Throughout its fifty-five year term (or other term length), Applicant must abide by the provisions of the Affordable Housing Agreement approved concurrently herewith. A violation of the terms of the Affordable Housing Agreement, or any of its exhibits, constitutes a violation of this Planned 233
RES. NO. SVPC 09-2022
CASE NO.: PD-S-2022-0001 (Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
31 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) Development Permit. In the event of a conflict between the Agreement and the PD conditions, the most restrictive will apply.
*A-15 Applicant must underground all existing overhead utility lines including both onsite and on shared property lines in accordance with SVMC 9-30.090 unless exempt by the Municipal Code.
*A-16 Applicant must submit to the Deputy Environmental Services Director/City Planner a Fence and Wall Plan that includes details on all existing and proposed fences, walls and gates that includes colors, materials, textures, heights and style. Materials must be slumpstone, wrought iron, textured concrete block, or other similarly constructed walls. All property line walls and fences must not be placed more than one inch away from any property line.
*A-17 Applicant must submit to the Deputy Environmental Services Director/City Planner for review and approval, a Final Roof Plan that demonstrates that all proposed rooftop HVAC units will be screen by the proposed parapet and screen walls.
*A-18 Prior to a Final Building Inspection or Issuance of a Certificate of Occupancy, whichever occurs first, Applicant must submit to the Deputy Environmental Services Director/City Planner a parking plan showing assigned parking for each unit.
*A-19 Prior to a Final Building Inspection or Issuance of a Certificate of Occupancy, whichever occurs first, Applicant must submit to the Deputy Environmental Services Director/City Planner construction drawings that include details for the installation of a closed circuit security camera system, and resident door and access gate security system, which includes key fobs or equivalent.
*A-20 Applicant must provide one lockable storage closet for each unit.

B. PUBLIC WORKS CONDITIONS:

General:

B-1 These Conditions of Approval must supersede all conflicting notations, specifications, dimensions and typical sections which may be shown on development plans or exhibits. The Conditions stated herein must not be considered a comprehensive listing of all State and Municipal Code requirements and City ordinances and policies. All of the following Conditions, including the payment of all the miscellaneous fees, must be completed prior to the issuance of a Zoning Clearance, unless other timing has been specified by the City Engineer. The conditions marked with an asterisk (*) are Special Conditions applicable specifically to this project. In 234
RES. NO. SVPC 09-2022
CASE NO.: PD-S-2022-0001 (Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
32 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) the event of a conflict between a Standard Condition and a Special Condition, the Special Condition will take precedence.

B-5 Prior to occupancy, Applicant must complete all improvements, per the accepted plans and approved conditions, and obtain acceptance for the improvements by the City.

Grading:

B-6 Prior to issuance of a grading permit, Applicant must submit a site paving, drainage, and grading plan, subject to review and approval by the City Engineer.
a. The plans must be in conformance with Chapter 7 of the Ventura County Land Development Manual adopted by City Council
Resolution No. 69-8.
b. The site paving, drainage, and grading plan must be accompanied by a geotechnical report, prepared to comply with the City of Simi Valley Guidelines for Geotechnical Reports.
235
RES. NO. SVPC 09-2022
CASE NO.: PD-S-2022-0001 (Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
33 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) c. Upon acceptance of the geotechnical report by the City, Applicant must submit a digital file of the report and all comments, responses, references, and supporting data.

B-8 Applicant must obtain a grading permit, must complete the grading according to the approved plans, and must provide certifications by the soils engineer and civil engineer.

Drainage:

B-9 Prior to the issuance of a grading permit, Applicant must provide a final drainage study prepared by a California State Registered Civil Engineer.

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

Storm Water Management:

B-11 Applicant must comply with the City's Flood Damage Prevention Ordinance, SVMC Section 7-5.
*B-12 Applicant must provide engineering data to show that the cumulative effect of the proposed development, when combined with all existing and anticipated development, does not increase the water surface elevation of the base flood elevation at any location by more than 0.1 foot (0.1’). *B-13 Prior to the issuance of a grading permit, Applicant must obtain a Letter of Map Revision (LOMR) from FEMA.
*B-14 Prior to the issuance of a grading permit, Applicant must provide that all structures are a minimum of one foot above all one percent chance (100- 236
RES. NO. SVPC 09-2022
CASE NO.: PD-S-2022-0001 (Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
34 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) year) storm flow elevations, including adjacent street curbs and detention facilities.
*B-15 Applicant must obtain from the City a "Flood Area Development Permit" to comply with the City's Flood Damage Prevention Ordinance, SVMC Section 7-5.

Storm Water Quality:
*B-16 Prior to the issuance of a grading permit, Applicant must prepare a Storm Water Pollution Prevention Plan (SWPPP) and must incorporate permanent storm water quality treatment devices into the site improvements for review, prior to approval by the City Engineer. The SWPPP must be prepared and implemented to comply with:
a. State Water Resources Control Board, Division of Water Quality Order No. 2009-0009-DWQ: National Pollutant Discharge
Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities, NPDES No. CAS000002, dated September 2, 2009; and, A Notice of Intent (NOI) must be submitted to the Los Angeles Regional State Water Resources Control Board to comply with General Permit No. 2009-0009-DWQ.
b. State of California, California Regional Water Quality Control Board, Los Angeles Region Order No. R4-2010-0108: Waste Discharge Requirements for Storm Water (Wet Weather) and Non-Storm Water (Dry Weather) Discharges from the Municipal Separate Sewer Systems within the Ventura County Watershed Protection District, County of Ventura, and the Incorporated Cities therein, dated July 8, 2010; and Applicant must identify pollutant sources and must include design and recommended construction, implementation and maintenance measures in order to eliminate or reduce the discharges of pollutants from the project site to the public storm drain system, during and after the construction period. For any work in progress, updated SWPPP and erosion control plans must be submitted during the period from November 1 to April 1 of each year. *B-17 Applicant must submit to the City Engineer for review, and must execute and record upon approval, a Convent and Agreement regarding Stormwater Treatment Device Maintenance consistent with the current Technical Guidance Manual for Stormwater Quality Control Measures of the Ventura County Stormwater Quality Management Program.
237
RES. NO. SVPC 09-2022
CASE NO.: PD-S-2022-0001 (Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
35 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) Undergrounding of Utilities:
*B-18 Applicant must design improvements such that all existing and proposed utilities are underground per SVMC Section 9-30 and 9-64.

Water:

B-19 Applicant must apply for, and obtain, a Water Will-Serve Letter from Waterworks District No. 8 (WWD8).

B-20 Prior to issuance of a Water Will-Serve Letter, applicant must have the fire hydrant location(s) approved by the Ventura County Fire Protection District (VCFPD).

B-21 Prior to issuance of a Water Will-Serve Letter, applicant must submit a Water Supply Fixture Unit (WSFU) count in accordance with the 2013 California Plumbing Code, Appendix A.

B-22 Prior to issuance of a Water Will-Serve Letter, applicant must complete VCFPD FORM 625 with authorized signatures from VCFPD and WWD8.

Sanitation:

B-26 Applicant must apply for, and obtain, a Sewer Will-Serve Letter from the Sanitation Services Division.

B-28 Prior to issuance of a Sewer Will-Serve Letter, applicant must construct all sewerage infrastructure located in the right-of-way, in compliance with the Manual and Standard Plans for the Design and Construction of Sanitary 238
RES. NO. SVPC 09-2022
CASE NO.: PD-S-2022-0001 (Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
36 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) Sewerage Facilities, adopted by the City Council of the City of Simi Valley on August 28, 2006, and its subsequent revisions.

Traffic:
*B-31 Applicant must design and construct any landscaping to incorporate and provide for the minimum safe vehicle/driver sight distances at the project driveways, restricting the height of any planting material to 30 inches or less within the driver's sight distance area, per City Standard SV 20-130; in addition, no walls, berms, slopes, backflow prevention devices, on-site project monuments, signs, or other impediments to the driver's sight visibility will be allowed within that restricted area; all as directed by the City Engineer. Any proposed decorative pavement, on-site project monuments, or signs must be located outside of the public right-of-way, as directed by the City Engineer.
*B-32 Applicant must design and construct all frontage improvements in accordance with the General Plan, including curb, gutter, sidewalk, traffic signing and striping, and any enriched parkways to the satisfaction of the City Engineer.
*B-33 Applicant must design and construct any improvements in the public rightof-way in accordance with the Caltrans Standard Plans, and the California Manual on Uniform Traffic Control Devices, latest editions. *B-34 Applicant must design and construct all on-site traffic circulation elements and traffic control devices (e.g. pavement delineation, signage), in accordance with the California Manual on Uniform Traffic Control Devices, latest edition.
*B-35 Applicant must design and reconstruct all project access driveways per City Standard SV 11-20 “Commercial Driveway Approach,” to achieve current Americans with Disabilities Act (ADA) Standards. Width must be per plan.

Driveways must have minimum 15’ radius returns.
*B-36 Applicant must therefore pay the Traffic Impact Fee specified in the City of Simi Valley Schedule of Service Charges in effect at the time of payment, as stated in the current Traffic Impact Fee Resolution. The total fee is based 239
RES. NO. SVPC 09-2022
CASE NO.: PD-S-2022-0001 (Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
37 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) on daily vehicle trip ends, with the current fee of $107.50 per trip. As the project is forecast to generate 559 daily trip ends, the total fee is $60,092.50.
*B-37 Applicant must pay the Ventura County Reciprocal Traffic Impact Fee in effect at the time of payment, as stated in City Council Resolution No. 2002-

22. The fee is based on daily vehicle trip ends, with the current fee of $5.50 per daily trip. As the project is forecast to generate 559 daily trip ends, the total fee is $3,074.50.

Maintenance:

B-40 Applicant must include a note on the Final Landscape Plans stating that the street trees, plant material, and irrigation system installed by the applicant within the street right-of-way, are to be maintained by the development’s Management Owner’s Association or the property owner, in perpetuity over the lifetime of the project.

B-43 Prior to the issuance of Certificate of Occupancy for the first building completed, Applicant must have completed installation of Right-of-Way landscape improvements as shown on the City Approved Landscape Plans. 240
RES. NO. SVPC 09-2022
CASE NO.: PD-S-2022-0001 (Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
38 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) C. LANDSCAPING CONDITIONS:

C-1 Applicant must submit final landscape and irrigation plans, and supporting materials, to the Deputy Environmental Services Director/City Planner for review and approval. The final plans/materials must:
a. Comply with the City of Simi Valley Landscape Design Guidelines; b. Comply with the conceptual landscape plan as approved by the Planning Commission;
c. Comply with the recommendations of the City’s Consulting Landscape Architect, to ensure plans conform to the Planning Commission approval, the City’s Landscape Design Guidelines, and the 2015 State Model Water Efficient Landscape Ordinance as implemented by the City of Simi Valley;
d. Comply with the approved site plan and Public Works grading and improvement plans;
e. Include an agronomic soils report as specified in the 2015 State Model Water Efficient Landscape Ordinance as implemented by the City of Simi Valley. The soils report must be based on soil conditions after the establishment of final grades, and final landscape plans must incorporate the report recommendations;
f. Include a Water Efficient Landscape Worksheet with each submittal of landscape and irrigation plans;
g. Show all protected trees pursuant to Section 9-38.050 of the SVMC; h. Provide root barriers for all trees planted in the parking lot, perimeter, and foundation planting areas, per Simi Valley Standard Plans 51-20 and 51-60;
i. Include planting and irrigation with native compatible, fire-resistant plants in areas adjacent to existing native vegetation. All plant materials must be low-water use and must not include any live turf areas. The plant palette must not include invasive plants as listed in the California Invasive Plant Council (Cal-IPC) Invasive Plant Inventory;
j. Clearly identify required temporary landscape-related improvements and irrigation (e.g., for erosion control), separately from permanent systems; and
k. Provide an estimate of the total landscape construction cost. 241
RES. NO. SVPC 09-2022
CASE NO.: PD-S-2022-0001 (Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
39 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) C-2 Prior to the issuance of a Zoning Clearance or a Grading Permit, whichever comes first, Applicant must obtain a Tree Removal Permit in accordance with SVMC Section 9-38.070 et. seq. for any protected trees designated for removal on the plan. Unless otherwise approved by the Deputy Environmental Services Director/City Planner, Applicant will not remove any of the mature trees prior to the commencement of any grading.

C-5 Prior to the issuance of a Certificate of Occupancy or a Final Inspection request, whichever comes first, Applicant must:
a. Install all landscaping so as to be consistent with the approved landscape plans referred to in Condition C-1; and
b. Require that the landscape architect be present during the final landscape inspection by the City and certify that the installation of landscape materials and irrigation systems are in compliance with the approved landscape plan.
c. Provide required Landscape Documentation Package, following completion of the landscape installation.

C-6 For the lifetime of this permit, Applicant must adhere to the City's Landscape Maintenance Requirements as follows:
a. Trees will be thinned as defined by the Tree Care Industry Association, ANSI A300 Standards to eliminate crowding or x-crossing branches, to remove dead or broken limbs, and to remove structurally weak branch attachments;
b. Tree canopies will not be topped (to remove or cut the top of the tree) or pollarded (to cut back to the trunk to promote the growth of a dense head of foliage) as defined by the Tree Care Industry Association, ANSI A300 Standards;
242
RES. NO. SVPC 09-2022
CASE NO.: PD-S-2022-0001 (Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
40 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) c. All pruning will comply with the International Society of Arboriculture, Best Management Practices-Tree Pruning, current edition; d. No more than 20% of tree canopy will be removed during a growing season;
e. Branches will be removed as needed to allow for a 14-foot vehicular path clearance and an eight-foot pedestrian path clearance; f. All pruning will be supervised by a certified or consulting arborist; and g. Replace all dead or missing plants so as to comply with the approved landscape plan. The minimum replacement size will be at least a 24” boxed tree or five-gallon shrub/vine, or a one-gallon groundcover.

D. VENTURA COUNTY FIRE PROTECTION DISTRICT:

D-1 Private roads must comply with Public Road Standards:
a. Access road width of 24 feet must be required with no on-street parking permitted, or per Public Road Standards whichever is stricter. b. Aerial Ladder Fire Apparatus Access, Multi-Family, Commercial, or Industrial Buildings or portions of buildings or facilities with perimeter eave lines exceeding 30 feet in height above the lowest level of fire department access must require an approved aerial ladder fire apparatus access roads and driveways must have a minimum clear width of 30 feet. Overhead utility and power lines must not be located within the aerial ladder fire apparatus access roads and driveways. At least one of the required access routes meeting this condition must be located a minimum of 15 feet and a maximum of 30 feet parallel to one side of the buildings, as approved by the Fire District. Buildings exceeding 50,000 square feet must have the required access route along a minimum of two sides. Parking must be prohibited along the required width of the access roads and driveways. Landscaping and other improvements between the required access and the buildings must not interfere with aerial ladder fire apparatus operations, as approved by the Fire District and per VCFD 501 Fire Apparatus Access Standard.
c. Mitigations to Aerial Apparatus Access Roads. The fire code official is authorized to reduce the required width to not less than 24 feet when all of the following are provided:
i. Automatic fire sprinklers are installed throughout the structure in accordance with NFPA 13.
243
RES. NO. SVPC 09-2022
CASE NO.: PD-S-2022-0001 (Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
41 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) ii. Fire sprinkler standpipes are provided on all floors and through to the roof.
iii. Two or more roof access points are provided through 2-hour fire rated stairs separated a distance not less than half of the diagonal of the structure.

D-2 All access roads/driveways must have a minimum vertical clearance of 13 feet 6 inches (13' 6"). Clear of building to sky.

D-6 Building plans of all A, E, I, H, R-1, R-2 or R-4 occupancies must be submitted, with payment for plan check, to the Fire District for review and approval prior to obtaining a building permit.

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

D-9 Parking on access roads/driveways and fire department turnarounds is prohibited.
244
RES. NO. SVPC 09-2022
CASE NO.: PD-S-2022-0001 (Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
42 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) D-10 The access road(s)/driveway(s) must be certified by a registered civil engineer as having an all-weather surface in conformance with Public Works and/or Fire District standards. This certification must be submitted to the Fire District for review and approval prior to occupancy.

D-11 Walkways must be provided from all building openings to the public way or fire department access road/driveway.

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

D-16 A plan must be submitted to the Fire District for review indicating the method in which buildings are to be identified by address numbers.

D-17 Prior to recordation of street names, proposed names must be submitted to the Fire District's Fire Prevention Bureau for review and approval. 245
RES. NO. SVPC 09-2022
CASE NO.: PD-S-2022-0001 (Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
43 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) D-18 All accessory room doors must be labeled on the doors indicating use of the room (i.e., Electrical Room, Riser Room, Fire Alarm Panel Inside, Storage Room, Janitor, Roof Access, etc.).

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

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

D-21 All required egress aisles must be maintained clear of obstructions at any time.

D-22 All emergency lights and exit signs must be maintained in an operable condition at all times.

D-25 Fire hydrants must be installed and in service prior to combustible construction and must conform to the minimum standard of the City of Simi Valley Water Works Manual and the following:
a. Each hydrant must be a 6 inch wet barrel design and must have (1) 4 inch and (2) 2 ½ inch outlet(s).
b. The required fire flow must be achieved at no less than 20-psi residual pressure.
c. Fire hydrants must be spaced 300 feet on center and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants must be set back in from the curb face 24 inches on center.
e. No obstructions, including walls, trees, light and signposts, meter, must be placed within three (3) feet of any hydrant.
f. A concrete pad must be installed extending 18 inches out from the fire hydrant.
g. Ground clearance to the lowest operating nut must be between 18 to 24 inches.
246
RES. NO. SVPC 09-2022
CASE NO.: PD-S-2022-0001 (Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
44 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) D-26 Prior to combustible construction on any parcel, a fire hydrant capable of providing the required fire flow and duration must be installed and in service along the access road/driveway at a location approved by the Fire District, but no further than 250 feet from the building site. The owner of the combustible construction is responsible for the cost of this installation.

D-29 All structures must be provided with an automatic fire sprinkler system in accordance with current VCFPD Ordinance at time of building permit application.

D-34 A current Five-Year Fire Sprinkler System certification must be maintained at all times in accordance with CCR Title-19 and VCFPD requirements. The required Five-Year Report must be submitted to the Fire Department prior to expiration of the previous Five-Year certification.
247
RES. NO. SVPC 09-2022
CASE NO.: PD-S-2022-0001 (Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
45 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) D-35 Fire extinguishers must be installed in accordance with the International Fire Code. The placement of extinguishers must be subject to review by the Fire District.

D-36 Commercial trash dumpsters and containers with an individual capacity of

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

E. RANCHO SIMI RECREATION AND PARK DISTRICT:

E-1 Applicant must provide the Rancho Simi Recreation and Park District (RSRPD) with the equivalent cash-in-lieu for 3.11 acres of developable parkland based on the Table of Values in effect at the time Grading Plans for PD-S-2022-0001 are approved by the City of Simi Valley. Park fees must be deposited with the RSRPD before a Zoning Clearance is approved by the City of Simi Valley. If the number or type of residential dwelling units change prior to the issuance of a Zoning Clearance for the project, the Park Dedication Condition will be modified to accurately reflect actual development. Pursuant to authorization by the RSRPD Board of Directors, it is anticipated that cash-in-lieu funds received from PD-S-2022-0001 will be allocated to Rancho Simi Community Park upon concurrence of the Planning Commission.

I. ENVIRONMENTAL MITIGATION MONITORING CONDITIONS:

I-1 During clearing, grading, earthmoving, or excavation operations, excessive fugitive dust emissions must be controlled by regular watering or other dustpreventative measures using the following procedures as specified by the Ventura County Air Pollution Control District (VCAPCD), including, without limitation, VCAPCD Rule 50 (Opacity), Rule 51 (Nuisance), and Rule 55 (Fugitive Dust):
i. On-site vehicle speed must not exceed 15 miles per hour (the Project site will contain posted signs with the speed limit).
ii. All on-site construction roads with vehicle traffic must be watered periodically.
248
RES. NO. SVPC 09-2022
CASE NO.: PD-S-2022-0001 (Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
46 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) iii. Streets adjacent to the Project site must be swept as needed, to remove silt that may have accumulated from construction activities, to prevent excessive amounts of dust.
iv. All material excavated or graded must be sufficiently watered to prevent excessive amounts of dust. Watering must occur at least twice daily with complete coverage, preferably in the late morning and after work is done for the day.
v. All clearing, grading, earthmoving, or excavation activities must cease during periods of high winds (i.e., greater than 25 miles per hour averaged over 1 hour) to prevent excessive amounts of dust (contact VCAPCD meteorologist for current information about average wind speeds).
vi. All materials transported off site must be either sufficiently watered or securely covered to prevent excessive amounts of dust.

I-6 The construction contractor must adhere to VCAPCD Rule 74.2 (Architectural Coatings) for limiting volatile organic compounds from architectural coatings. This rule specifies requirements for storage, clean up, and labeling of architectural coatings.
249
RES. NO. SVPC 09-2022
CASE NO.: PD-S-2022-0001 (Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
47 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) I-7 To avoid disturbance of nesting and special status birds, including raptor species protected by the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code (CFGC), activities related to the project including, but not limited to, vegetation removal, ground disturbance, construction, and demolition shall occur outside of the bird breeding season (February 1 through August 30), if feasible. If construction must begin during the breeding season, then a preconstruction nesting bird survey shall be conducted no more than 14 days prior to the initiation of ground disturbance and vegetation removal activities. The nesting bird pre-construction survey shall be conducted on foot inside the project site boundary, including a 300-foot buffer (500-foot for raptors), and in inaccessible areas (e.g. private lands) from afar using binoculars to the extent practical. The survey shall be conducted by a biologist familiar with the identification of avian species known to occur in Southern California. If nests are found, an avoidance buffer (dependent upon the species, the proposed work activity, and existing disturbances associated with land uses outside of the site) shall be determined and demarcated by the biologist with bright orange construction fencing, flagging, construction lathe, or other means to mark the boundary.

I-8 For all construction-related activities, noise attenuation techniques must be employed as needed to ensure that noise remains as low as possible during construction. The following noise attenuation techniques must be incorporated into contract specifications to reduce the impact of construction noise:
i. Ensure that construction equipment is properly muffled according to industry standards and in good working condition.
ii. Place noise-generating construction equipment, and locate construction-staging areas, away from sensitive uses, where feasible.
iii. Schedule high noise-producing activities between the hours of 7:00 AM and 5:00 PM to minimize disruption on sensitive uses. iv. Implement noise attenuation measures, to the extent feasible, which may include, but are not limited to, temporary noise barriers or noise blankets around stationary construction noise sources
v. Use electric air compressors and similar power tools rather than diesel equipment, where feasible.
250
RES. NO. SVPC 09-2022
CASE NO.: PD-S-2022-0001 (Ref: Z-S-2022-0002)
APPLICANT: Heywood Street Associates LLC
48 ZS20220002, PDS20220001, AHA20220001 PC Staff Report (sy) vi. All stationary construction equipment (e.g., air compressors, generators, impact wrenches, etc.) must be operated as far away from residential uses as possible and must be shielded with temporary sound barriers, sound aprons, or sound skins. vii. Construction-related equipment including heavy-duty equipment, motor vehicles, and portable equipment, must be turned off when not in use for more than five minutes.
viii. Clearly post construction hours, allowable workdays, and the phone number of the job superintendent at all construction entrances to allow for surrounding owners to contact the job superintendent. If the City or the job superintendent receives a complaint, the superintendent must investigate, take appropriate corrective action, and report the action taken to the reporting party.

I-9 If cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease, and a qualified archaeologist meeting Secretary of Interior standards shall assess the find. Work on the portion of the Projects outside the buffered area may continue during this assessment period. The Fernandeño Tataviam Band of Mission Indians (FTBMI) shall be contacted about any pre-contact and/or post-contact finds and be provided information after the archaeologist makes their initial assessment of the nature of the find, to provide Tribal input with regards to significance and treatment.

END OF ALL CONDITIONS
251
RES. NO. SVPC 09-2022
CASE NO.: Z-S-2022-0002/PD-S-2022-0001APPLICANT: Heywood Street Associates LLC EXHIBIT D

The grading
plans must
contain a note
committing to
this
requirement.

Environmental
Services
49 252
RES. NO. SVPC 09-2022
CASE NO.: Z-S-2022-0002/PD-S-2022-0001APPLICANT: Heywood Street Associates LLC Mitigation Measure When
Monitoring to
Occur
Department
Responsible
for Monitoring
Compliance Verification
Initial Date Comments
preferably in the late morning and after
work is done for the day.
v. All clearing, grading, earthmoving, or
excavation activities must cease during
periods of high winds (i.e., greater than
25 miles per hour averaged over 1 hour)
to prevent excessive amounts of dust
(contact VCAPCD meteorologist for
current information about average wind
speeds).
vi. All materials transported off site must be
either sufficiently watered or securely
covered to prevent excessive amounts of
dust
I-2 The area disturbed by clearing, grading,
earthmoving, or excavation operations must
be minimized to prevent excessive amounts
of dust. These control techniques must be
indicated on Project grading plans. The
applicant and/or its contractor must be
responsible for implementing these
measures, and compliance with this
measure will be subject to periodic site
inspections by the City.

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

Environmental
Services
I-3 Project grading plans must show for the
duration of construction, ozone precursor
emissions from construction equipment.

Vehicles must be controlled by maintaining
equipment engines in good condition and in
Prior to
issuance of a
grading permit
the grading
plans must
Environmental
Services
50 253
RES. NO. SVPC 09-2022
CASE NO.: Z-S-2022-0002/PD-S-2022-0001APPLICANT: Heywood Street Associates LLC Mitigation Measure When
Monitoring to
Occur
Department
Responsible
for Monitoring
Compliance Verification
Initial Date Comments
proper tune per manufacturer’s
specifications, to the satisfaction of the City
Engineer. Compliance with this mitigation
measure will be subject to periodic
inspections of construction equipment by
the Public Works Department.
contain a note
committing to
this
requirement.

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

Environmental
Services
I-6 All trucks that will haul excavated or graded
material on site must comply with California
Vehicle Code Section 23114, with special
attention to subsections 23114(b)(2)(F),
(e)(2), and (e)(4) as amended, regarding the
Prior to
issuance of a
grading permit
the grading
plans must
contain a note
Environmental
Services
51 254
RES. NO. SVPC 09-2022
CASE NO.: Z-S-2022-0002/PD-S-2022-0001APPLICANT: Heywood Street Associates LLC Mitigation Measure When
Monitoring to
Occur
Department
Responsible
for Monitoring
Compliance Verification
Initial Date Comments
prevention of such material spilling onto
public streets and roads.
committing to
this requirement
I-7 To avoid disturbance of nesting and special
status birds, including raptor species
protected by the Migratory Bird Treaty Act
(MBTA) and California Fish and Game Code
(CFGC), activities related to the project
including, but not limited to, vegetation
removal, ground disturbance, construction,
and demolition shall occur outside of the bird
breeding season (February 1 through
August 30), if feasible. If construction must
begin during the breeding season, then a
preconstruction nesting bird survey shall be
conducted no more than 14 days prior to the
initiation of ground disturbance and
vegetation removal activities. The nesting
bird pre-construction survey shall be
conducted on foot inside the project site
boundary, including a 300-foot buffer (500-
foot for raptors), and in inaccessible areas
(e.g. private lands) from afar using
binoculars to the extent practical. The survey
shall be conducted by a biologist familiar
with the identification of avian species
known to occur in Southern California. If
nests are found, an avoidance buffer
(dependent upon the species, the proposed
work activity, and existing disturbances
associated with land uses outside of the site)
Prior to
issuance of a
grading permit
the contract with
the biologist
must be
provided to the
Director of
Environmental
Services for
approval.

Environmental
Services
52 255
RES. NO. SVPC 09-2022
CASE NO.: Z-S-2022-0002/PD-S-2022-0001APPLICANT: Heywood Street Associates LLC Mitigation Measure When
Monitoring to
Occur
Department
Responsible
for Monitoring
Compliance Verification
Initial Date Comments
shall be determined and demarcated by the
biologist with bright orange construction
fencing, flagging, construction lathe, or other
means to mark the boundary. If a raptor nest
is observed in a tree proposed for removal,
the Applicant must consult with California
Department of Fish and Wildlife (CDFW). All
construction personnel shall be notified as to
the existence of the buffer zone and
instructed to avoid entering the buffer zone
during the nesting season. No ground
disturbing activities shall occur within this
buffer until the avian biologist has confirmed
that breeding/nesting is complete, and the
young have fledged the next.

Environmental
Services
53 256
RES. NO. SVPC 09-2022
CASE NO.: Z-S-2022-0002/PD-S-2022-0001APPLICANT: Heywood Street Associates LLC Mitigation Measure When
Monitoring to
Occur
Department
Responsible
for Monitoring
Compliance Verification
Initial Date Comments
staging areas, away from sensitive uses,
where feasible.
iii. Schedule high noise-producing activities
between the hours of 7:00 AM and 5:00
PM to minimize disruption on sensitive
uses.
iv. Implement noise attenuation measures,
to the extent feasible, which may include,
but are not limited to, temporary noise
barriers or noise blankets around
stationary construction noise sources
v. Use electric air compressors and similar
power tools rather than diesel
equipment, where feasible.
vi. All stationary construction equipment
(e.g., air compressors, generators,
impact wrenches, etc.) must be operated
as far away from residential uses as
possible and must be shielded with
temporary sound barriers, sound aprons,
or sound skins.
vii. Construction-related equipment
including heavy-duty equipment, motor
vehicles, and portable equipment, must
be turned off when not in use for more
than five minutes.
54 257
RES. NO. SVPC 09-2022
CASE NO.: Z-S-2022-0002/PD-S-2022-0001APPLICANT: Heywood Street Associates LLC Mitigation Measure When
Monitoring to
Occur
Department
Responsible
for Monitoring
Compliance Verification
Initial Date Comments
viii.Clearly post construction hours,
allowable workdays, and the phone
number of the job superintendent at all
construction entrances to allow for
surrounding owners to contact the job
superintendent. If the City or the job
superintendent receives a complaint, the
superintendent must investigate, take
appropriate corrective action, and report
the action taken to the reporting party
I-9 If cultural resources are discovered during
project activities, all work in the immediate
vicinity of the find (within a 60-foot buffer)
shall cease, and a qualified archaeologist
meeting Secretary of Interior standards shall
assess the find. Work on the portion of the
Projects outside the buffered area may
continue during this assessment period. The
Fernandeño Tataviam Band of Mission
Indians (FTBMI) shall be contacted about
any pre-contact and/or post-contact finds
and be provided information after the
archaeologist makes their initial assessment
of the nature of the find, to provide Tribal
input with regards to significance and
treatment.

Prior to
issuance of a
grading permit
the grading
plans must
contain a note
committing to
this requirement
Environmental
Services
I-10 Should the find be deemed significant, as
defined by CEQA (as amended, 2015), the
Project applicant shall retain a professional
Prior to
issuance of a
grading permit
Environmental
Services
55 258
RES. NO. SVPC 09-2022
CASE NO.: Z-S-2022-0002/PD-S-2022-0001APPLICANT: Heywood Street Associates LLC Mitigation Measure When
Monitoring to
Occur
Department
Responsible
for Monitoring
Compliance Verification
Initial Date Comments
Native American monitor procured by the
FTBMI to observe all remaining grounddisturbing activities including, but not limited to, excavating, digging, trenching, plowing,
drilling, tunneling, quarrying, grading,
leveling, clearing, driving posts, auguring,
blasting, stripping topsoil or similar activity,
and archaeological work
the grading
plans must
contain a note
committing to
this requirement
I-11 The Lead Agency and/or applicant shall, in
good faith, consult with the FTBMI on the
disposition and treatment of any Tribal
Cultural Resource encountered during all
ground-disturbing activities
Prior to
issuance of a
grading permit
the grading
plans must
contain a note
committing to
this
requirement.

Environmental
Services
56 259
EXHIBIT 1
Reduced Exhibits
260

THIS PAGE WAS INTENTIONALLY LEFT BLANK
261
Exhibit A
City of Simi Valley - Environmental Services
Department
Planning Division
Planning Commission
Exhibit: Architectural Site Plan 1Project Number: Z-S-2022-0002/PD-S-2022-0001Planner: Elizabeth RichardsonDate: November 8, 2022 EXHIBIT 1 262
City of Simi Valley - Environmental Services
Department
Planning Division
Planning Commission
Date: November 8, 2022Planner: Elizabeth RichardsonProject Number: Z-S-2022-0002/PD-S-2022-0001Exhibit: Architectural Site Plan 2 I
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PROPERTY OWNER AND
APPLICANT :

H9'f'NC)OdS1ree1AModatasLLC
920Han1)shlreAOBCl, SlaeA4
W8Sllak8Villege,CA91361
ARCHITECT:

FLEWELLING & MOOOY
Mldiael6tahlheber C-14630
815ColoradoBll/d.,Sule200
LosAngeles,CA 90041
l[_
SIM1VALLEYl10USING#3
"THECHURCHIU.'
1850 HEYWOOD STREET

SIMIVALLEY, CA
APN: 832-0-050-355ANO
.,.__,,,
CASE#:PO-S-2022-0'.lOl

CONTEXTUAL

SITE PLAN
(w/o spot elevations)
-- I 2912.0000
-
... - A1.03.1
=Je.:TE
263
City of Simi Valley - Environmental Services
Department
Planning Division
Planning Commission
Date: November 8, 2022Planner: Elizabeth RichardsonProject Number: Z-S-2022-0002/PD-S-2022-0001Exhibit: Architectural Site Plan 3 ' I /
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SITE SUMMARY
TOT.-LAREA:ff'PROK.3.118/ICRES(1!6,837SQ.FT.)
ZONNG:Rvwc:IRESIOCNTlo\LVl:RYHGHCCNSITY
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PROPERTY OWNER AOO
APPLICANT ·
H&ywOO(!Slree\A$$0ClatMLLC
920HampshlreAoad,St!ll8M
W9811ake'v'llia09,CA91361
ARCHITECT:

FLEWELLING & MOODY
t.4ic:f'la&IS1!1hhll:ler C-14530
815ColoradoBl\ld.,Sulle200
LosAngeles,CA 90041
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332 ] 215'
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SITE PLAN
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SIMI VALLEY HOUSING 13
'THE CHURCHILL'
1850 HEYWOOD STFIEET

SIMIVALLEY,CA
APN:632-0-050-355AND
"'""""" CASEt: PO-S-2022-0001

SITE PLAN
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•••• ®

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orchltectvreplonnlng lnl erlors
IIE!\IXIUAATERSOfFICE:
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APPLICANT :

HeywoodS1ree1Aslocl8les U.C
920HampshlreROBCl,~A4
WesUak&Village,CA91361
ARCHITECT:

FLEWEWNG & MOODY
M"*-81Stahheber C-14530
815ColoradDB1Yd., SlJ1e200
l.osAngelas,CA 90041
& 1;;14'.22 [CllY PLANNING REV.

SIMI VALLEY HOUSING 13
"THECHURCHIU."
1 850 HEYWOOD STREET

SIMI VALLEY, CA
APN:632-0-050-355AND
.,.....,_,,,
CASEl:PD-S-2022-0001

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FLEWELLING & MOODY
archlleclureplannlng lnlerlors
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APPLICANT :

H9'f'NC)OdS1ree1AModatasLLC
920Han1)shlreAOBCl, SlaeA4
W8Sllak8Villege,CA91361
ARCHITECT:

FLEWELLING & MOOOY
Mldiael6tahlheber C-14630
815 Colorado Bll/d.,Sule200
LosAngeles,CA 90041
l[_
SIM1VALLEYl10USING#3
"THECHURCHIU.'
1850 HEYWOOD STREET

SIMIVALLEY, CA
APN: 832-0-050-355ANO
.,.__,,,
CASE#:PO-S-2022-0'.lOl

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APPLICANT:
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920Hllmp,1hir&RO$d,S\ateA4
Wosllak&Vlll&g&.CA91361
ARCHITECT:

FLEWEW NG & MOODY
MlchaelS!at"ll&b&r C.14630
815Color&doBM,1., S<ita200
LosAng&l&S,CA 90041
& r;;:;14122 [CITY PLANNING REV.

SIMI VALLEY HOUSING t3
"THECHURCHIU.'
1850 HEYWOODSTREET
SIMI VALLEY.CA
APN:832-o-050-355AND
,,,......,.

CASEl: PD-S·2022.(J(J()1
FENCE

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268
UP
UP
UP
UP
60" X 59"
30" X 48"30" X 48"
60" X 59"
30" X 48"

CHURCHILL
City of Simi Valley - Environmental Services
Department
Planning Division
Planning Commission
Exhibit: Civil Site Plan 1Project Number: Z-S-2022-0002/PD-S-2022-0001Planner: Elizabeth RichardsonDate: November 8, 2022 269
24"STUMP
DIRT
#4521081E
8"
12"X2
18"
12"
24"
18"
24"
24"
12"
5'H
WALL
UP
UP

CHURCHILL
City of Simi Valley - Environmental Services
Department
Planning Division
Planning Commission
Exhibit: Civil Site Plan 2Project Number: Z-S-2022-0002/PD-S-2022-0001Planner: Elizabeth RichardsonDate: November 8, 2022 270
UP

CHURCHILL
City of Simi Valley - Environmental Services
Department
Planning Division
Planning Commission
Exhibit: Civil Site Plan 3Project Number: Z-S-2022-0002/PD-S-2022-0001Planner: Elizabeth RichardsonDate: November 8, 2022 271
UP
UP

CHURCHILL
City of Simi Valley - Environmental Services
Department
Planning Division
Planning Commission
Exhibit: Civil Site Plan 4Project Number: Z-S-2022-0002/PD-S-2022-0001Planner: Elizabeth RichardsonDate: November 8, 2022 272
City of Simi Valley - Environmental Services
Department
Planning Division
Planning Commission
Exhibit: Floor Plan 1Project Number: Z-S-2022-0002/PD-S-2022-0001Planner: Elizabeth RichardsonDate: November 8, 2022 273
City of Simi Valley - Environmental Services
Department
Planning Division
Planning Commission
Exhibit: Floor Plan 2Project Number: Z-S-2022-0002/PD-S-2022-0001Planner: Elizabeth RichardsonDate: November 8, 2022 274
City of Simi Valley - Environmental Services
Department
Planning Division
Planning Commission
Exhibit: Floor Plan 3Project Number: Z-S-2022-0002/PD-S-2022-0001Planner: Elizabeth RichardsonDate: November 8, 2022 275
City of Simi Valley - Environmental Services
Department
Planning Division
Planning Commission
Exhibit: Floor Plan 4Project Number: Z-S-2022-0002/PD-S-2022-0001Planner: Elizabeth RichardsonDate: November 8, 2022 276
City of Simi Valley - Environmental Services
Department
Planning Division
Planning Commission
Exhibit: Roof PlanProject Number: Z-S-2022-0002/PD-S-2022-0001Planner: Elizabeth RichardsonDate: November 8, 2022 277
City of Simi Valley - Environmental Services
Department
Planning Division
Planning Commission
Exhibit: Building Elevation 1Project Number: Z-S-2022-0002/PD-S-2022-0001Planner: Elizabeth RichardsonDate: November 8, 2022 278

WEST ELEVATION
City of Simi Valley - Environmental Services
Department
Planning Division
Planning Commission
Exhibit:Building Elevation 2Project Number: Z-S-2022-0002/PD-S-2022-0001Planner: Elizabeth RichardsonDate: November 8, 2022 279

NORTH ELEVATION
City of Simi Valley - Environmental Services
Department
Planning Division
Planning Commission
Exhibit:Building Elevation 3Project Number: Z-S-2022-0002/PD-S-2022-0001Planner: Elizabeth RichardsonDate: November 8, 2022 280

EAST ELEVATION
City of Simi Valley - Environmental Services
Department
Planning Division
Planning Commission
Exhibit:Building Elevation 4Project Number: Z-S-2022-0002/PD-S-2022-0001Planner: Elizabeth RichardsonDate: November 8, 2022 281

SOUTH ELEVATION
City of Simi Valley - Environmental Services
Department
Planning Division
Planning Commission
Exhibit:Building Elevation 5Project Number: Z-S-2022-0002/PD-S-2022-0001Planner: Elizabeth RichardsonDate: November 8, 2022 282

INTERIOR COURTYARD ELEVATION
- LOOKING WEST
City of Simi Valley - Environmental Services
Department
Planning Division
Planning Commission
Exhibit:Building Elevation 6Project Number: Z-S-2022-0002/PD-S-2022-0001Planner: Elizabeth RichardsonDate: November 8, 2022 283

INTERIOR COURTYARD ELEVATION
- LOOKING SOUTH
City of Simi Valley - Environmental Services
Department
Planning Division
Planning Commission
Exhibit:Building Elevation 7Project Number: Z-S-2022-0002/PD-S-2022-0001Planner: Elizabeth RichardsonDate: November 8, 2022 284

INTERIOR COURTYARD ELEVATION
- LOOKING EAST
City of Simi Valley - Environmental Services
Department
Planning Division
Planning Commission
Exhibit:Building Elevation 8Project Number: Z-S-2022-0002/PD-S-2022-0001Planner: Elizabeth RichardsonDate: November 8, 2022 285

INTERIOR COURTYARD ELEVATION
- LOOKING NORTH
City of Simi Valley - Environmental Services
Department
Planning Division
Planning Commission
Exhibit:Building Elevation 9Project Number: Z-S-2022-0002/PD-S-2022-0001Planner: Elizabeth RichardsonDate: November 8, 2022 286
City of Simi Valley - Environmental Services
Department
Planning Division
Planning Commission
Exhibit: Building Elevation 10Project Number: Z-S-2022-0002/PD-S-2022-0001Planner: Elizabeth RichardsonDate: November 8, 2022 287
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orchlteciureplonnlnglnlerlors
HEAOQUARTERSOFFICE;
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PROPERTY OWNER ANO
APPLICANT:

Heywoo,:1Str<:181~LLC
920HampshlreRoad,S~A4
WestlakeVillaQe,CA91361
ARCHITECT:

FLEWEWNG & MOODY
Miehael Sl&hlf'll!lber C-1~
815ColoradoBMl.,SU1te 200
LolAnll&lee,CA 90041
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SIMI VALLEY HOUSING 13
"THECHUACHIU."
1850 HEYWOOO STREET
SIMIVAU.EY,CA
APN:632-0-050-355AND
.,, .........

CASEl: PD-S-2022-0001

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FLEWELLING & MOODY
orchi1ectureplonning interiors
HEADQUARTERS OFFICE:
115Cotnilo1M.-:IOJ
Loo-CAIIO(III
~fM323.5•U1~
---
...._.~- $11N.tlmFMf8l.Ma<3
---

PROPERTY OWNER ANO
APPLICANT :

I-IOl'/WOOdS1r""'A8'0eiale$LLC
920HampshlreRoad,SulteA4
WestlakeVlllage,CA91381
ARCHITECT:

Fl.EWEWNG & MOODY
Mict'MIStahlheber C-14530
815CC1k>radoBM1.,Suile200
l.o$At'l)el$t,CA 90041
& r; 14/n
SIMI VALLEY HOUSING #3
"THECHURCHIU."
1850 HEYWOOD STFIEET

SIMIVALLEY,CA
APN:632-0-050-355AND
..,....,.,.

CASEJ:PO-S-2022-0001

EXTERIOR RAILING

DETAILS
,,.. ,..,..,.. I
~1~1.NG TYP;,J @I-· ... ..,, --· -- ...... A6.03
289
290
291
292

AERIAL VIEW FROM SOUTHEAST
293

COURTYARD FROM THIRD FLOOR WALKWAY
294

S S S S S S
SS

S S S S S S S
SS
S

W W W W W W
W
W
W

W W W W W W
W

SD SD SD SD SD
SD
SD
SD
SD SD
SD
SD
SD
SD

SD SD SD SD SD
SD
SD
FDC
60" X 59"
30" X 48"30" X 48"
60" X 59"
30" X 48"
BATH 1
10 11
12 13
14 16
17 18
19 20
22 21
23 84
85 87
88 84
85 86
87 88
86 XXX
L1.1
PLAN

LANDSCAPE

PRELIMINARY
N
E
S
W
JH
eg.

Large Canopy Tree
Platanus acerifolia ‘Columbia’
Street Tree
(E) Tree symbol, typ.
eg. Ginkgo biloba
(male variety only)

PROPERTY LINE
Arroyo Simi Greenway

PROPERTY LINE

PROPERTY LINE
See Architect's Plan
Light Post, typ.

EXISTING TREES TO REMAIN
19 Cupaniopsis anacardioides
20 Pinus canariensis21 Pinus halepensis
82 Eucalyptus radiata83 Schinus molle84 Washingtonia filifera85 Schinus molle86-87 Ulmus parvifolia89-90 Quercus virginiana 91-92 Eucalyptus sideroxylon94 Pinus halepensis
OS- 3-11 Schinus molleOS- 12-13 Pinus canariensisOS- 14 Arbutus unedo A- 7,8 Koelreuteria bipinnata
TW +18"
TW +18"
+18"
TW
TW +6'
TW +18"
2 20'x40'POOL
3 TW +4'
4 4
5 5
6 7
8 9
10 1

AREAYOGA
11 11
12 1 1
13 13
GROUP
AREA
GROUP
AREA
+4'
TW
5 14
12 AREA
GAME
TW +18"
eg.

Perimeter Evergreen Shrub
Rhamnus alaternus
planted 6' o.c.
eg.

Perimeter Evergreen Shrub
Rhamnus alaternus,
planted 6' o.c.
eg.

Evergreen Canopy Tree
Lophostemon confertus See Architect's Plans with 6' ht. picket fence on top (N) Retaining Wall,
eg.

Evergreen Canopy Tree
Pinus canariensis
eg.

Evergreen Canopy Tree
Lophostemon confertus
Evergreen Canopy Tree
eg. Tristania laurina 'Elegant'
Flowering Accent Tree
eg. Cercis 'Forest Pansy'
Deciduous Canopy Tree
eg. Gleditsia triacanthos var. inermis eg.

Flowering Accent Tree
Cercis occidentalis
eg.

Large Canopy Tree
Platanus acerifolia ‘Columbia’
eg.

Canopy Tree
Arbutus
'Marina'
eg.

Flowering Accent Tree
Bauhinia × blakeana

SHRUBS, GRASSES
Agave attenuata Foxtail AgaveArctostaphylos d. 'Howard McMinn' ManzanitaArctostaphylos d. 'John Dourley' Manzanita Carpenteria californica Bush AnemoneCallistemon 'Little John' Compact CallistemonCistanthe grandiflora Rock PurslaneCistus 'Sunset' RockroseCordyline 'Design-a-line Burgundy' Burgundy Cordyline Duranta erecta Sky Flower
Heteromeles arbutifolia ToyonLeucadendron 'Safari Sunset' Safari ConebushLygeum spartum False Esparto Grass Mahonia aquifolium compacta Oregon Grape HollyMuhlenbergia dubia Dwarf MuhlyMuhlenbergia rigens Deer GrassMyrsine africana African BoxwoodMyrtus communis 'Compacta' Dwarf MyrtlePrunus ilicifolia Catalina CherryRhamnus alaternus Italian Buckthorn (image below)Rhaphiolepis u. 'Minor' Dwarf Yeddo HawthornRhus integrifolia Lemonade Berry Salvia x clevelandii 'Pozo Blue' Pozo Blue Hybrid Musk Sage TREES
Arbutus 'Marina' Strawberry Tree
Bauhinia x blakeana Hong Kong Orchid Tree
Cercis occidentalis Western RedbudCercis 'Forest Pansy' Eastern Redbud Ginkgo biloba (male only) Maidenhair TreeGleditsia triacanthos inermis Honeylocust Lophostemon confertus Brisbane Box
Pinus canariensis Canary Island PinePlatanus acerifolia ‘Columbia’ Columbia London Plane Tree Tristania laurina 'Elegant' Elegant Water Gum

PRELIMINARY PLANT LEGEND

GROUNDCOVERS
Dianella c. 'Cassa Blue' Blue Flax LilyDietes grandiflora Fortnight LilyFragaria chiloensis Beach Strawberry Lippia nodiflora Kurapia (in parkway)
Senecio mandraliscae Blue Chalksticks
VINES
Ficus repens Creeping FigMacfadyena unguis-cati Yellow Trumpet Vine 1 PROPOSED SITE ELEMENTS
ANTELOPE VALLEY OFFICE:
1035 West Lancaster Boulevard
Lancaster, California 93534
661.949.0771 FAX 661.949.2843
E-Mail: [email protected]
HEADQUARTERS OFFICE:
815 Colorado Blvd, Suite 200
Los Angeles, CA 90041
323.543.8300 FAX 323.543.8198
E-Mail: [email protected]
No. 4880
EXP. 4/30/23
Associates and are for use on this specific project and shall n and information are and shall remain the sole property of Brodersen These drawings, including all related design, details, specifications, ot be
consent of Brodersen Associates.copied, disclosed to others or used without the expressed written CA#4880
[email protected]
tel 805 201 5614
Ventura, CA 93001
422 E. Main Street
Horticulture / Documentation
Landscape Architecture /

BRODERSEN ASSOCIATES
0' 20' 40' 10'20'
SCALE: 1" =20'-0"
eg.

Flowering Accent Tree
Cercis 'Forest Pansy'
eg.

Evergreen Canopy Tree
Lophostemon confertus
BB
3 Fireplace 4 Outdoor Kitchen 5 Seat Wall 6 Raised Planter / Seat Wall 7 Faux Bridge w/ concrete curbs

PRELIMINARY LANDSCAPE PLAN
8/9 Pool / Glass Safety Fence 10 Pergola 11 Dry Stream
Arbutus

PROPOSED TREES
'Marina' Bauhinia x blakeana Cercis c. 'Forest Pansy' Cercis occidentalis @ East/West perimeters)
(Tall evergreen hedge
Rhamnus alaternus Gleditsia triacanthos var. inermis Lophostemon confertus Pinus canariensis Platanus a. 'Columbia' Tristania laurina 'Elegant' shall be located within the lines of sight.

No objects over 30" in height, that affect sight distanceLine-of-Sight, typ., OS3

SITE IMPROVEMENT LEGEND
14 Planters - square and rectangular, varying sizes, TBD13 Site Furniture - TBD12 Decorative Boulder11 Dry Stream10 Pergola - metal construction 9 Pool Safety Fence and Gates - glass panels, 5' ht. minimum 8 Pool - 20'x40' 7 Faux Bridge - concrete with curbs both sides 6 Raised Planter / Seatwall 5 Seat Wall - concrete, smooth finish on top 4 Outdoor Kitchen with BBQ 3 Fireplace
2 Masonry Wall with built-in seat 1 Concrete Paving - Integral color TBD, light sand float finish ID# Name

2. This plan will comply with the requirements of the City of Si

1. Existing tree ID #'s per Arborist's Report.
mi Valley
Municipal Code and the State Water Efficient Landscape Ordinances.

3. This plan will comply with the requirements of the Tree Report for this project and the tree mitigation outlined therein.

4. Street trees, plant material and irrigation system(s), within the public Development/HOA/Property owner in perpetuity per Simi Valley Mu right-of-way, for this project are to be maintained by the nicipal
Code Maintenance Standards.

5. All above ground utilities must be screened with a minimum of 15 gallon size shrub and provide a minimum 75% screening at installation.

6. Proposed planting theme is Mediterranean drought tolerant, adapted to local climate.

7. 100% of the Total Landscape Area consists of shrubs and groundcovers.

No turf or high water plants proposed in Landscape Design.

8. Block walls over three (3) feet high to be covered with Ficus repens.9. No objects over 30" in height, that affect sight distance, shall be located within the lines of sight at any driveway.

10. Total Landscape Area = 18,601 square feet.

NOTES
OS4 OS5 OS6 OS7 OS8 OS9 OS10 OS11 OS12 OS13 OS14
19 20
21 94
83 85
86 87
89 90
91 92
(N) Retaining Wall,
with 6' ht. picket fence on top
See Architect's Plans
See Architect's Plans
with 6' ht. picket fence on top
(N) Retaining Wall,
See Architect's Plans
ht. 6'
(N) Steel Picket Fence,
See Architect's Plan
Light Post, typ.

See Architect's Plans
Automatic Rolling Gate and Fence,
See Architect's Plans
Automatic Rolling Gate,
See Architect's PlansSteel Fence, ht. 8',
eg.

Parkway groundcover
Lippia nodiflora (Kurapia)
10'
CL
5'
Vine at masonry wall
eg. Distictis buccinatoria
(anticipated growth to be 30' wide).
eg.

Large Canopy Tree
Platanus acerifolia ‘Columbia’
82 84
(E) Tree symbol, typ.

SYMBOL
located within the lines of sight.
that affect sight distance shall be
No objects over 30" in height,Line-of-Sight, typ.,
Vine pockets, typ.

Vine pockets, typ.
(E) Tree symbol, typ.

Ginkgo biloba (male variety only)
eg.

Deciduous Canopy Tree
Gleditsia triacanthos var. inermis
eg.

Deciduous Canopy Tree
Gleditsia triacanthos
var. inermis
eg. shrubs / grasses, 15 gal,
Utility screening
Callistemon 'Little John',
Myrtus communisMuhlenbergia dubia,
'Compacta'
FDC and Backflow,
See Civil Engineer's Plans
15 DG Paving - width 2', in parking fingers
15 15
A-7 A-8
City of Simi Valley - Environmental Services
Department
Planning Division
Planning Commission
Exhibit: Landscape PlanProject Number: Z-S-2022-0002/PD-S-2022-0001Planner: Elizabeth RichardsonDate: November 8, 2022 295

S S S S S S
SS

S S S S S S S
SS
S

W W W W W W
W
W
W

W W W W W W
W

SD SD SD SD SD
SD
SD
SD
SD SD
SD
SD
SD
SD

SD SD SD SD SD
SD
SD
FDC
60" X 59"
30" X 48"30" X 48"
60" X 59"
30" X 48"
BATH 1
10 11
12 13
14 16
17 18
19 20
22 21
23 84
85 87
88 84
85 86
87 88
86 XXX

S S S S S S
SS

S S S S S S S
SS
S

W W W W W W
W
W
W

W W W W W W
W

SD SD SD SD SD
SD
SD
SD
SD SD
SD
SD
SD
SD

SD SD SD SD SD
SD
SD
FDC 60" X 59" 30" X 48" 30" X 48" 60" X 59" 30" X 48" BATH 1 10 11 12 13 14 16 17 18 19 20 22 21 23 84 85 87 88 84 85 86 87 88 86 XXX L1.2

SHADE STUDY

EXHIBIT &

SQUARE FOOT

LANDSCAPE AREA
N
E
S
W
JH

PROPERTY LINE
Arroyo Simi Greenway

PROPERTY LINE
ANTELOPE VALLEY OFFICE:
1035 West Lancaster Boulevard
Lancaster, California 93534
661.949.0771 FAX 661.949.2843
E-Mail: [email protected]
HEADQUARTERS OFFICE:
815 Colorado Blvd, Suite 200
Los Angeles, CA 90041
323.543.8300 FAX 323.543.8198
E-Mail: [email protected]
No. 4880
EXP. 4/30/23
Associates and are for use on this specific project and shall n and information are and shall remain the sole property of Brodersen These drawings, including all related design, details, specifications, ot be
consent of Brodersen Associates.copied, disclosed to others or used without the expressed written CA#4880
[email protected]
tel 805 201 5614
Ventura, CA 93001
422 E. Main Street
Horticulture / Documentation
Landscape Architecture /

BRODERSEN ASSOCIATES
0' 20' 40' 10'20'
SCALE: 1" =20'-0"
BB

LANDSCAPE AREA SQUARE FOOTAGE EXHIBIT
Design.
groundcovers. No turf or high water plants proposed in Landscape * 100% of the Total Landscape Area consists of shrubs and TOTAL LANDSCAPE AREA = 18,601 SF
19 187 SF18 133 SF15 819 SF14 825 SF12 201 SF11 101 SF10 69 SF 9 133 SF 8 191 SF 7 514 SF 6 302 SF 5 3,632 SF 4 156 SF 2 206 SF 1 2,762 SF

LANDSCAPE AREA SQUARE FEET
22 2,118 SF21 205 SF
16 759 SF13 242 SF
3 30 SF
24 87 SF23 164 SF
20 305 SF
17 41 SF

PROPERTY LINE
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 17
18 19
20 21
22 23
24 25
26 27
28 29
30 31
33 34
35 36
37 38
16 27 390 SF26 483 SF25 120 SF
32 38 1,145 SF37 186 SF36 76 SF35 230 SF34 148 SF33 627 SF32 64 SF31 100 SF30 205 SF 29 214 SF28 390 SF
39 39 41 SF
36” Box trees canopy size average 8' diameter (BrightView). Est

TREE SHADE STUDY
imated canopy
diameter growth rate 2' per year (UFEI). 8' + 5years x (2' diam. per year) = 18' Diameter canopy 5 years after planting. Shade study does not include interior courtyard or landscaped areas in parking lot. Shade study calculations based on warmest summer month in Total Parking Lot Area:

Simi Valley, CA August 21, 2pm sun angle.
55,750 SF
Parking Lot Shade - Building: 8,960 SF (16% of total parking lot area)Parking Lot Shade - Trees: 16,474 SF (30% of total parking lot area)Parking Lot Shade - Trees & Bldg: 24,341 SF (44% of total parking lot area) N
E
S
W
Scale: NTS
Shade Calculation - BuildingShade Calculation - Trees
296
City of Simi Valley - Environmental Services
Department
Planning Division
Planning Commission
Date: January 11, 2022
Planner: Elizabeth Richardson
Project Number: Z-S-2022-0002/PD-S-2022-0001
Exhibit: Color and Materials Board
DUNN EDWARDS: DE5815 FROZEN LAKE
DUNN EDWARDS: DE5817 STORMY SEA
OMEGA STUCCO: COLOR 414
OMEGA STUCCO: COLOR 401
•••• t(YJ

THE CHURCHILL APARTMENTS
1850 HEYWOOD STREET
SIMI VALLEY, CA 93065

FLEWELLING AND MOODY
815 COLORADO BLVD, SUITE 200
LOS ANGELES, CA 90041
(325) 543-8300
AEP SPAN: COOL ZINC GRAY
ANGELUS BLOCK: ONYX
ANGELUS BLOCK: NATURAL GRAY
297
EXHIBIT 2
Traffic Study
298

THIS PAGE WAS INTENTIONALLY LEFT BLANK
299
EXHIBIT 2

HEYWOOD STREET APARTMENTS PROJECT

CITY OF SIMI VALLEY, CALIFORNIA

TRAFFIC AND CIRCULATION STUDY
November 30, 2021
Prepared for:
ltule Real Estate Group
920 Hampshire Road, Suite A4
Westlake Village, California 91361
ATE Project 21074

ASSOCIATED TRANSPORTATION ENGINEERS
100 N. Hope Avenue, Suite 4, Santa Barbara, CA 93110 • (805) 687-4418 • FAX (805) 682-8509 300

ASSOCIATED TRANSPORTATION ENGINEERS
100 N Hope Avenue, Suite 4, Santa Barbara, CA 93110 • (805)687-4418 • [email protected] Since 1978
Richard L. Pool, P.E.

Scott A. Schell
November 30, 2021
Mr. Christ ltule
ltule Real Estate Group
920 Hampshire Road, Suite A4
Westlake Village, CA 91361

TRAFFIC AND CIRCULATION STUDY FOR THE

HEYWOOD STREET APARTMENTS PROJECT, CITY OF SIMI VALLEY, CALIFORNIA Associated Transportation Engineers (ATE) has prepared the following traffic and circulation study for the Heywood Street Apartments Project. It's our understanding that the traffic and circulation study will be used by the City of Simi Valley to assess the potential traffic impacts associated with the Project and develop appropriate traffic fees and mitigation measures where required.

We appreciate the opportunity to assist ltule Real Estate Group with this Project.

Associated Transportation Engineers
By: Scott A. Schei I
Principal Transportation Planner
301

TABLE OF CONTENTS
INTRODUCTION ........................................................................................................... 1 PROJECT DESCRIPTION.............. ... ...................................... ..... .......... ........................... 1 EXISTING CONDITIONS ................................................................................................ 1 Street Network .. . . . . .. .. . . . .. .. .. . . . . . . . .. . . .. .. . . . . .. . . . . . .. . . . . . . .. . . . . . . .. . . . . . . . .. . . . . .. . . . . .. . . . .. . . . .. .. . . .. . 1 Intersection Levels of Service ........... .... ....... ................ ........ ......... ......................... . 5 IMPACT CRITERIA ........................................................................................................... 6 PROJECT-SPECIFIC IMPACT ANALYSIS ........................ .................................................... 6 Project Trip Generation ......................................................................................... 9 Project Trip Distribution and Assignment.. ....................................................... ...... 9 Existing + Project Intersection Levels of Service .................................................... 9 Project Site Access and Circulation ............ .... ...... ................................................ 12 GENERAL PLAN BUILDOUT CONDITIONS .................................................................. 13 Transportation Plans and Programs ...................................................................... 13 General Plan Buildout Intersection Levels of Service ............................................ 13 MITIGATION MEASURES .............................................................................................. 16 SUMMARY .................................................................................................................... 16 REFERENCES AND PERSONS CONTACTED .................................................................. 17 TECHNICAL APPENDIX ................................................................................................. 18 302
Table 1
Table 2
Table 3
Table 4
Table 5
Table 6
Table 7
Table 8
Figure 1
Figure 2
Figure 3
Figure 4
Figure 5
Figure 6
Figure 7
Figure 8

LIST OF TABLES
Existing Intersection Levels of Service ......................................................... 6 Project Trip Generation .............................................................................. 9 Existing + Project AM Peak Hour Intersection Levels of Service ................ 12 Existing + Project PM Peak Hour Intersection Levels of Service ................. 12 General Plan Buildout Intersection Levels of Service - AM Peak Hour ........ 13 General Plan Buildout Intersection Levels of Service - PM Peak Hour ..... 13 Summary of Intersection Levels of Service - AM Peak Hour ....................... 16 Summary of Intersection Levels of Service - PM Peak Hour ..................... 16

LIST OF FIGURES
Existing Street Network/Project Site Location ............................................... 2 Project Site Plan ............................................................... .......................... 3 Existing Lane Geometry and Traffic Control ................................................ 7 Existing Traffic Volumes .............................................................................. 8 Project Trip Distribution and Assignment .................................................. 10 Existing + Project Traffic Volumes ............................................................ 11 General Plan Buildout Traffic Volumes ..................................................... 14 General Plan Buildout + Project Traffic Volumes ...... ................................ 15 II
303

INTRODUCTION
The following study contains an analysis of the potential traffic and circulation impacts associated with the development of the Heywood Street Apartments Project (the "Project"), located in the City of Simi Valley. The traffic and circulation study provides information relative to Existing, Existing + Project, General Plan Buildout and General Plan Buildout + Project traffic conditions in the vicinity of the Project site. The roadways and intersections analyzed in the study were determined based on scoping information provided by City staff.

PROJECT DESCRIPTION

EXISTING CONDITIONS
Street Network
The proposed apartment development is
to be located on the south side of
Heywood Street just west of Erringer
Road. The Project is located adjacent to
the Arroyo Simi Greenway to the south.

Figure 1 illustrates the location of the
Project site within the City of Simi
Valley. The Project is proposing to
develop a vacant 2.10-acre site with an
83-unit apartment building with related
tenant amenities. Access to the Project
site would be provided via two existing
driveway connections to Heywood
Street. Figure 2 illustrates the site plan
for the Project.

The Project study area is served by a network of freeways, arterial streets, and collector streets, as illustrated in Figure 1. The following text provides a brief discussion of the primary components of the study-area street network.

State Route 118 (Ronald Reagan Freeway), the principal east-west freeway in the City of Simi Valley, is located just north of the Project. The State Route 118 extends as an 8-lane freeway easterly from Simi Valley to the San Fernando Valley and the Los Angeles Basin.

West of Simi Valley, State Route 118 continues to the Ventura-Oxnard area as a conventional highway. Regional access to the Project is provided via the Erringer interchange.

Heywood Street Apartments Project
Traffic and Circulation Study
Associated Transportation Engineers
November 30, 2021
304
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FIGURE

PROJECT SITE LOCATION
GM- ATE#21074
305
Heywood Street Apartment Project
Traffic and Circulation Study 3
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Associated Transportation Engineers
November 30, 2021
306
Los Angeles Avenue classified as a major
arterial street, consists of two separate
segments in the Simi Valley area. The
westerly segment begins at the State Route
118 freeway in the City of Moorpark and
extends easterly to Easy Street, which
continues to Madera Road. The easterly
segment begins at Madera Road south of
Easy Street and runs easterly through the
City of Simi Valley with a posted speed of
40/50 MPH in the vicinity of the Project
site. Los Angeles Avenue serves
commercial and residential land uses in
the study-area. Los Angeles Avenue is signalized at Erringer Road.

Patricia Avenue, is a 2-lane east-west
roadway with a posted speed of 35 MPH
in the vicinity of the Project study-area.

Patricia Avenue extends southerly from
Los Angeles Avenue to Williams Street.

Patricia Avenue primarily serves
residential land uses in the study-area.

Within the Project study-area, Patricia
Avenue is signalized at Erringer Road.

Heywood Street Apartments Project
Traffic and Circulation Study 4
Erringer Road, is a 4-lane north-south
roadway with left-turn channelization at
major intersections and a posted speed of 40
MPH in the vicinity of the Project site.

Erringer Road extends northerly from
Sunnydale Avenue to the City's northern
urban boundary. Erringer Road serves
commercial and residential land uses in the
study-area. Within the Project study-area,
Erringer Road is signalized at Los Angeles
Avenue, Patricia Avenue, Heywood Street
and Royal Avenue.

Associated Transportation Engineers
November 30, 2021
307
Heywood Street, located east of the
Project site, is a 2-lane east-west ,
residential roadway. Most of Heywood
Street is fully improved with curb,
gutter, and sidewalk however portions
of Heywood Street are improved with
curb and gutter only. Heywood Street
extends easterly from Duncan Street to
the southern city limits and becomes
Long Canyon Road. Within the Project
study-area, Heywood Street serves
commercial and residential land uses
Royal Avenue is a 2- to 4-lane east-west
arterial/collector roadway with a posted
speed of 45 MPH in the vicinity of the
Project site. Most of Royal Avenue is
fully improved with curb, gutter, and
sidewalk, however portions of Royal
Avenue are improved with curb and
gutter only. Royal Avenue extends
easterly from Madera Road to Tapo
Canyon Road. Royal Avenue serves
primarily residential and commercial
land uses in the study-area. Royal
Avenue is signalized at Erringer Road.
and is signalized at Erringer Road. i ·
Heywood Street would provide direct access to the Project site via two existing driveways.

Arryo Simi Greenway, located immediately south of the Project site is a recreational bike and pedestrian walkway that extends west from Corriganville Park to the City's western boundary. The greenway serves the entire City and provides links to schools and parks. The greenway provides an alternative transportation link for bicycles and pedestrians.

Intersection Levels of Service
Because traffic flow on urban arterials is most restricted at intersections, a detailed analysis of traffic flow must examine the operating conditions of critical intersections during peak flow periods. "Levels of Service" (LOS) A through Fare used to rate intersection operations, with LOS A indicating very good operations and LOS F indicating poor operations (more complete definitions of levels of service are contained in the Technical Appendix). The City of Simi Valley considers LOS C or better acceptable.

Heywood Street Apartments Project
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November 30, 2021
308
The existing intersection lane geometry and traffic controls are illustrated on Figure 3.

Existing AM and PM peak hour turning volumes for the study-area intersections are illustrated on Figure 4. The peak hour turning volumes were collected in October of 2021.

Levels of service for the signalized intersections were calculated using the Volume-toCapacity (V/C) methodology required by the City of Simi Valley. The Technical Appendix contains the level of service calculation worksheets for the study-area intersections. Table 1 lists the type of traffic control and the existing AM and PM peak hour levels of service for each of the intersections analyzed.

Table 1
Existing Intersection Levels of Service
Intersection Control Type AM Peak Hour PM Peak Hour V/C LOS V/C LOS Los Angeles Avenue/Erringer Road Signal 0.32 LOSA 0.62 LOS B Patricia Avenue/Erringer Road Signal 0.25 LOS A 0.45 LOSA Heywood Avenue/Erringer Road Signal 0.29 LOSA 0.38 LOSA Royal Avenue/Erringer Road Signal 0.36 LOS A 0.45 LOSA
The data presented in Table 1 indicate that the study-area intersections currently operate in the LOS A - B range during the AM and PM peak hour periods, which meets the City's LOS C standard.

IMPACT CRITERIA
The City of Simi Valley considers LOS C acceptable for signalized intersections, with mitigation required for operations at LOS Dor worse.

PROJECT-SPECIFIC IMPACT ANALYSIS
The following section evaluates the project-specific impacts related to the proposed Project based on the City of Simi Valley impact criteria.

Heywood Street Apartments Project
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309
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NOTTO SCALE
Assoc1ATED FIGURE

TRANSPORTATION

E NGINEERS

EXISTING LANE GEOMETRY AND TRAFFIC CONTROL
Heywood Street Apartment Project
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November 30, 2021
310
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AssoCIATED

TRANSPORTATION

ENGINEERS
Heywood Street Apartment Project
Traffic and Circulation Study
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FIGURE

EXISTING TRAFFIC VOLUMES
8 GM- ATE#21074
Associated Transportation Engineers
November 30, 2021
311
Project Trip Generation
Trip generation estimates were calculated for the Project based on rates published in the Institute of Transportation Engineers (ITE), Trip Generation, 11 1h Edition for Low Rise Multifamily Housing (Land Use Code #220). 1This manual is a standard reference used by jurisdictions throughout the United States and is based on trip generation studies conducted at numerous locations in areas of various populations. Table 2 summarizes the average daily, AM and PM peak hour trip generation estimates for the proposed Project (a worksheet showing the detailed trip generation calculations is contained in the Technical Appendix).

Table 2
Project Trip Generation
Land Use Size ADT AM Peak Hour PM Peak Hour
Entering I Exiting I Total Entering I Exiting I Total
Apartment 83 units 559 8 I 25 I 33 26 I 16 I 42
The data presented in Table 2 indicate that the Project generates 559 average daily trips (ADT), 33 AM peak hour trips and 42 PM peak hour trips.

Project Trip Distribution and Assignment
The project-generated AM and PM peak hour traffic volumes were distributed and assigned to the study-area intersections based on travel data derived from the existing traffic volumes as well as a general knowledge of the population, employment, and commercial centers in the Simi Valley area. Figure 5 illustrates the trip distribution and assignment assumed for the Project's trips.

Existing + Project Intersection Levels of Service
Intersection levels of service for the study-area intersections were calculated assuming the Existing + Project traffic volumes shown on Figure 6 (LOS worksheets contained in Technical Appendix). Tables 3 and 4 list the results of the calculations.

Trip Generation, Institute of Transportation Engineers, 1 O'h Edition, 2017.

Heywood Street Apartments Project
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November 30, 2021
312
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LEGEND
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NOTTO SCALE
Assoc1ATED FIGURE

TRANSPORTATION

E NGINEERS

PROJECT TRIP DISTRIBUTION AND ASSIGNMENT
Heywood Street Apartment Project
Traffic and Circulation Study 10
GM-ATE#21074
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November 30, 2021
313
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EXISTING + PROJECT TRAFFIC VOLUMES
Heywood Street Apartment Project
Traffic and Circulation Study 11
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November 30, 2021
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Table 3
Existing + Project AM Peak Hour Intersection Levels of Service Intersection Existing Existing + Project VIC Change Impact? VIC LOS VIC LOS Los Angeles AvenuelErringer Road 0.32 LOSA 0.32 LOSA 0.00 No Patrcia AvenuelErringer Road 0.25 LOS A 0.26 LOSA 0.01 No Heywood Street/Erringer Road 0.29 LOSA 0.31 LOSA 0.02 No Royal AvenuelErringer Road 0.36 LOS A 0.36 LOSA 0.00 No Table 4
Existing + Project PM Peak Hour Intersection Levels of Service Intersection Existing Existing + Project VIC Change Impact? VIC LOS VIC LOS Los Angeles AvenuelErringer Road 0.62 LOS B 0.62 LOS B 0.00 No Patrcia Avenue/Erringer Road 0.45 LOSA 0.45 LOSA 0.00 No Heywood Street/Erringer Road 0.38 LOS A 0.40 LOSA 0.02 No Royal Avenue/Erringer Road 0.45 LOSA 0.46 LOS A 0.01 No The data presented in Tables 3 and 4 indicate that the Project would not generate significant impacts at the study-area intersections during AM and PM peak hour periods.

The study-area intersections would continue to operate in the LOS A - B range with the addition of Project-generated traffic.

Project Site Access and Circulation
As illustrated in the Project site plan (Figure 2), access to the Heywood Street Apartments would be provided via two existing driveways on Heywood Street. Given the existing and future forecasted traffic volumes (2,000 - 2,300 ADT) on Heywood Street, the Project access driveways would operate acceptably and accommodate Project traffic volumes.

Review of the site plan also indicates that the proposed internal circulation layout would adequately accommodate the flow of vehicular traffic on-site. The Project will complete all required frontage and driveway improvements along Heywood Street. The driveways should provide adequate sight distance as required by the City of Simi Valley. To assist with sight distance at the Project western driveway located on a curve, ATE recommends that the adjacent curb side east and west of the Project's driveway be "Red Curbed" for "No Parking". Also, the sight distance looking to the west from the driveway could be restricted by row of shrub trees along the Project's western property line. This line of shrub trees should be regularly maintained. The ultimate configuration of the site plan including site access and frontage improvements, will be subject to final review and approval by the City of Simi Valley.

Heywood Street Apartments Project
Traffic and Circulation Study 12
Associated Transportation Engineers
November 30, 2021
315

GENERAL PLAN BUILDOUT CONDITIONS
The potential cumulative traffic impacts associated with the Project were assessed using traffic forecasts generated by the City's traffic model for General Plan Buildout traffic conditions. The land use data base for the traffic model assumed high density residential development on the Project site.

Transportation Plans and Programs
As part of the General Plan Circulation Element, the City has determined the necessary roadway sections and intersection geometrics required to accommodate buildout of the City. The City's Capital Improvement Program (CIP) identifies these improvements, which are funded using the Capital Improvement Fund (CIF). Monies for the CIF are obtained from traffic improvement fees required of new developments. Thus, the City has planned for the orderly implementation of a circulation system that will accommodate buildout of the City - including development of the existing land uses proposed within the western portion of the City (i.e. the project-study area).

General Plan Buildout Intersection Levels of Service
Figure 7 illustrates the General Plan Buildout traffic volumes. Figure 8 illustrates the General Plan Buildout + Project traffic volumes. Tables 5 and 6 present the AM and PM peak hour intersection levels of service for the General Plan Buildout scenarios with and without project-generated traffic volumes. Level of service worksheets are contained in the Technical Appendix for reference.

Table 5
General Plan Buildout Intersection Levels of Service - AM Peak Hour Intersection VIC - Level of Service V/C Change Impact? General Plan General Plan with Project Los Angeles Avenue/Erringer Road 0.60 - A 0.60-A 0.00 No Patrcia Avenue/Erringer Road 0.55 -A 0.55 -A 0.00 No
Heywood Street/Erringer Road 0.53 -A 0.55 -A 0.02 No
Royal Avenue/Erringer Road 0.78 - C 0.78 - C 0.00 No
Table 6
General Plan Buildout Intersection Levels of Service - PM Peak Hour Intersection
Los Angeles Avenue/Erringer Road
Patrcia Avenue/Erringer Road
Heywood Street/Erringer Road
Royal Avenue/Erringer Road
Heywood Street Apartments Project
Traffic and Circulation Study
V/C - Level of Service
General Plan General Plan with Project V/C Change Impact?

0.68 - B 0.68 - B

0.59-A 0.60-A

0.47 -A 0.48 -A

0.59 -A 0.60 -A
13 0.00 No

0.01 No

0.01 No
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November 30, 2021
316
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LEGEND
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NOTTO SCALE
AssocrATED FIGURE

TRANSPORTATION

ENGINEERS

GENERAL PLAN BUILDOUT TRAFFIC VOLUMES
Heywood Street Apartment Project
Traffic and Circulation Study 14
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November 30, 2021
317
~ ... "~
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LEGEND
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NOTTO SCALE
Assoc1ATED FI GURE

T RANSPORTATION

E NGINEERS
GENERAL PLAN BUILDOUT + PROJECT TRAFFIC VOLUMES
Heywood Street Apartment Project
Traffic and Circulation Study 15
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November 30, 202 1
318
Tables 5 and 6 show that the study-area intersections are forecast to operate in the LOS A - B range during the peak hour periods with General Plan Buildout volumes, including the proposed Heywood Street Apartments Project. The Project would therefore not generate a significant Cumulative impact at the study-area intersections based on City of Simi Valley impact thresholds.

MITIGATION MEASURES
The proposed Project is subject to the City's traffic mitigation fee program, with collected fees used for the future transportation improvements required to accommodate future traffic volumes. The General Plan Buildout analysis showed that the future service levels at the study-area intersections would be maintained at LOS C or better assuming the transportation improvements planned by the City. The City's CIP identifies these improvements and funds them via traffic fees required of new developments. The Project would contribute to the future improvements by payment of traffic mitigation fees to offset its cumulative traffic contributions.

SUMMARY
The Heywood Street Apartment Project is not expected to generate significant impacts at the study-area intersections in the Existing + Project or General Plan Buildout + Project scenarios, based on the City's impact thresholds. Tables 7 and 8 summarize the levels of service at the study-area intersections.

Table 7
Summary of Intersection Levels of Service - AM Peak Hour Intersection V /C - Level of Service
Existing Existing + Project General Plan General Plan + Project Los Angeles Avenue/Erringer Road 0.32 -A 0.32 -A 0.60 -A 0.60 -A Patricia Avenue/Erringer Road 0.25 -A 0.26 -A 0.55 -A 0.55 -A Heywood Street/Erringer Road 0.29 -A 0.31 -A 0.53 -A 0.55 -A Royal Avenue/Erringer Road 0.36 -A 0.36 -A 0.78 - C 0.78 - C Table 8
Summary of Intersection Levels of Service - PM Peak Hour Intersection
Los Angeles Avenue/Erringer Road
Patricia Avenue/Erringer Road
Heywood Street/Erringer Road
Cochran Street/First Street
Heywood Street Apartments Project
Traffic and Circulation Study
Existing

0.62-A

0.45 -A

0.38 -A

0.45 -A
V/C - Level of Service
Existing + Project

0.62 -A

0.45 -A

0.40 -A

0.46 -A
•••
16 General Plan General Plan + Project

0.68 - B 0.68 - B

0.59 -A 0.60 -A

0.47 -A 0.48 -A

0.59 -A 0.60 - A
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319

REFERENCES AND PERSONS CONTACTED
Associated Transportation Engineers - Study Preparers
Scott A. Schell, Principal Planner
Darryl F. Nelson, Senior Transportation Planner
Glenn Manaois, Traffic Engineer I
Persons Contacted
Justin Link, P.E. 1 City of Simi Valley
Written Material
Interim Materials on Highway Capacity, Transportation Circular #212, Transportation Research Board, National Academy of Sciences, 1980.

Trip Generation, Institute of Transportation Engineers, 11 1h Edition, 2021 .

Simi Valley Transportation Model and LOS Analysis Update, lteris, December 2017.

Heywood Street Apartments Project
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320

TECHNICAL APPENDIX
CONTENTS:

LEVEL OF SERVICE DEFINITIONS

INTERSECTION TRAFFIC COUNTS

TRIP GENERATION WORKSHEET

LEVEL OF SERVICE CALCULATION WORKSHEETS
Reference 1 - Los Angele Avenue/Erringer Road
Reference 2 - Patricia Street/Erringer Road
Reference 3 - Heywood Street/Erringer Road
Reference 4 - Royal Avenue/Erringer Road
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LEVEL OF SERVICE DEFINITIONS
322
A < 10.0
B 10.1 -20.0
C 20.1 - 35.0
D 35.1 - 55.0
E 55.1 - 80.0
F > 80.0
< 0.60

0.61 - 0.70

0.71 - 0.80

0.81 - 0.90

0.91 - 1.00
> 1.00
Progression is extremely favorable. Most vehicles arrive during the green phase. Many vehicles do not stop at all.

Good progression, short cycle lengths, or both. More vehicles stop than with LOS A, causing higher levels of delay.

Only fair progression, longer cycle lengths, or both, result in higher cycle lengths. Cycle lengths may fail to serve queued vehicles, and overflow occurs. Number of vehicles stopped is significant, though many still pass through intersection without stopping.

Congestion becomes more noticeable. Unfavorable progression, long cycle lengths and high v/c ratios result in longer delays.

Many vehicles stop, and the proportion of vehicles not stopping declines. Individual cycle failures are noticeable.

High delay values indicate poor progression, long cycle lengths and high vie ratios. Individual c'ycle failures are frequent Considered unacceptable for most drivers, this level occurs when arrival flow rates exceed the capacity of lane groups, resulting in many individual cycle failures. Poor progression and long cycle lengths may also contribute to high delay levels.
a Average control delay per vehicle in seconds.
1Unsigll1aiized Untersedion H..evef of §eirwice 1/Jefinitions The HCM1 uses control delay to determine the level of service at unsignalized intersections. Control delay is the difference between the travel time actually experienced at the control device ahd the travel time that would occur in the absence of the traffic control device. Control delay includes deceleration from free flow speed, queue move-up time, stopped delay and acceleration back to free flow speed.

A < 10.0
B 10.1-15.0
C 15.1 - 25.0
D 25.1 - 35.0
E 35.1 - 50.0
F > 50.0
Highway Capacity Manual, National Research Board, 2000 ~ Associated Transportation Engineers ~ 100 N. Hope Avenue, Suite 4, Santa Barbara (805) 687-4418 I
323
DI
SCUSSION Of HNTERSECIION
CAPA
CHY l!.JiiUZAll

ON OCU)
The ability of a roadway to carry traffic is referred to as capacity. The capacity is us·ually less at intersections because traffic flows continuously between them and only during the green phase at them. Capacity at intersections is best defined in terms of vehicles per lane per hour of green. The technique used to compare the volumes and capacity of an intersection is known as Intersection Capacity Utilization (ICU). ICU or volume-to~ capacity ratio, usually expressed as a percentage, is the proportion of an hour. required to provide sufficient capacity to accommodate all intersection traffic if all approaches operate at capacity. If an i,:,tersection is operating at 80 percent of capacity, then 20 percent of the signal cycle is not used.

The ICU calculation assumes that an intersection is signalized and that the signal is ideally timed. Although calculating ICU for an unsignalized intersection is invalid, the presumption is that a signal can be installed ·and the calculation shows whether the geometrics are capable of accommodating the expected volumes. It is possible to have an ICU welJ below 100 percent, yet have severe traffic congestion. This would occur if one or more movements is not getting sufficient time to satisfy its demand, and excess time exists on other movements. This is an operational problem which should ~e addressed.

Capacity is often defined in terms of roadway width. However, standard lanes have approximately the same capacity whether they are 11 or 14 feet wide. Data collected by Kunzman Associates indicates a typical lane, whether a through-lane or a left-turn lane, has a capacity of approximately 1,700 vehicles per hour, with nearly all locations showing .a capacity greater than 1,600 vehicles per hour per lane. This finding is published in the August, 1978 issue of !TE /ournal in the article entitled, "Another Look at Signalized Intersection Capacity" by William Kunzman. For this study, a capacity of 1,600 vehicles per hour per lane will be assumed for left-turn, through, arid right-turn lanes as per City policy.

The yellow time can either be assumed to be completely used and no penalty applied, or it can be assumed to be only partially usable. Total yellow time accounts for less than 10 percent of a cycle, and a penalty of up· to five percent is reasonable. On the other hand, during peak hour traffic operation, the yellow times are nearly completely used. In this study, no penalty will be applied for the yellow because the capacities have been assumed to be only 1,600 vehicles per ho·ur per lane when in general they are 1,700- 1,800 vehicles per hour per lane.

The ICU technique is an ideal tool to quantify existing as well as future intersection operations. The impact of adding a lane can be quickly determined by examining the effect the lane has on the intersection capacity utilization.

Source: Oxnard Airport Business Park Traffic Studv, Kunzman Assoc., City of Oxnard, 1985. 324

INTERSECTION TRAFFIC COUNT VOLUMES
325
Prepared by National Data & Surveying Services
Erringer Rd & E Los Angeles Ave
Peak Hour Turning Movement Count
ID: 21-030083-004
City: Simi Valley
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Simi Valley City CouncilJanuary 23, 2023

Simi Valley City Council
January 23, 2023