CITY OF SIMI VALLEY
MEMORANDUM
Januar
y 23, 2023
TO: City
Council
FRO
M: Department of Environmental Services
SUBJE
CT: CONSIDERATION OF GENERAL PLAN AMENDMENT PRE-SCREENING REVIEW OF GPPS- 2022-0003 (SENTRY PROPERTY GROUP, INC.), A
REQUEST TO CHANGE THE GENERAL PLAN LAND USE
DESIGNATION FROM MEDIUM DENSITY RESIDENTIAL TO
MODERATE DENSITY RESIDENTIAL FOR A 1.5 -ACRE PORTION OF A
5.72-ACRE PROJECT SITE LOCATED AT 1801 AND 1807 OAK ROAD ,
SOUTHEAST OF EAST LOS ANGELES AVENUE AND YOSEMITE
AVENUE
STAFF RECOMMENDATION
It is recommended that the City Council authorize GPPS-2022-0003 for further processing as a formal General Plan Amendment to change the General Plan l and use designation from Medium Density Residential to Moderate Density Residential with concurrent filing of applicable entitlement applications.
BACKGROUND AND OVERVIEW
The applicant, Sentry Property Group, Inc., has submitted a General Plan Pre - Screening application (GPPS -2022-0003), requesting the City Council’s authorization to move forward with a formal application to change the General Plan land u se designation from Medium Density Residential to Moderate Density Residential, for a 1.5-a cre site comprised of two (2) parcels at 1801 and 1807 Oak Road. The site is located on the south side of East Los Angeles Avenue, east of the intersection of Yosemit e Avenue and East Los Angeles Avenue.
Access to the site will be from Oak Road. Each property is currently developed with a single-family residence.
The pre-screening will accommodate a future development site, which will consist of the two (2) 0.75-acre parcels, and a 4.22-acre parcel totaling 5.72 acres. The 4.22- acre parcel has a General Plan designation of Moderate Density Residential. The General Plan Pre-s creening application includes an initial conceptual design for the project (Exhibit 1, page 12) t hat proposes 62 two-s tory and three-story townhome residences within 14 buildings. A final unit count or project design is not being determined with this pre-s creening.
GPPS20220003SentryPropertyGroup1-23-23(klk)
AGENDA ITEM NO.
5C
GPPS20220003SentryPropertyGroup1-23-23(klk)
Site and Surrounding Uses (Vicinity and Aerial Maps)
2 If authorized by the City Council, the current request would require the applicant to apply for: the requested General Plan Amendment; a Zone Change to change the zoning from Residential Medium Density (RM) to Residential Moderate Density (RMod); a Tentative Tract Map for the subdivision of the condominium lot and units; and a Planned Development Permit fo r the construction of a residential development. The proposed Moderate Density Land Use allows 5.1 to 10.0 dwelling units per acre, which would allow up to 57 dwellings (single or multi-family) on this project site. The conceptual design of 62 units would require a Density Bonus under the provisions of State Density Bonus Law, in exchange for providing affordable units. In addition to a density bonus, the applicant may include waivers and concessions from Development Code Standards to incentivize construction of affordable units.
The City Council establis hed certain procedures for evaluating potential changes to the City’s General Plan. In 1994, City Council Re solution No. 94-1 0 (E xhibit 3, page 14) provided requirements for the proc essing of General Plan Amendment (GPA) requests, which includes a requirement to pre-screen these requests at quarterly public hearings before the City Council. This Pre-sc reening review process allows the City Council to c onsider whether to authorize an application for a GPA to move forward.
The Housing Element update in 2021 rezoned the 4.22-a cre parcel directly to the south (which will be part of the overall project site) from Residential Medium Dens ity to Residential Moderate Density (up to 10 units per acre), to address the need for moderate- to above moderate-i ncome household units under Regional Hous ing Needs Allocation (RHNA) targets.
During the second quarter of 2022, the City Council authorized another General Plan Amendment request to move forward (G PPS-2022-0001) for the four (4) parcels directly north of the subjec t site, for further processing as a formal General Plan Amendment. This request will change the land use designation of the affected parcels from General Commercial and Medium Density Residential to High Density Residential.
An application has been filed for a General Plan Amendment and associated entitlements for 65 townhome res idences.
The subject site is surrounded by multi-f amily residences to the west, a mobile home park to the east, and a vacant parcel to the south. The vacant school site to the north was part of GPPS-2022-0001.
FINDINGS AND ALTERNATIVES
SITE AND SURROUNDING USES
The current General P lan designation, zoning and land use for the site and the surrounding properties are listed in Table 1.
GPPS20220003SentryPropertyGroup1-23-23(klk)
3 GPPS20220003SentryPropertyGroup1-23-23(klk)
Table 1
GENERAL PLAN ZONING CURRENT LAND
USE
Subject Site Medium Density
Residential
Residential Medium (RM) Single-Family
Residences
North General Commercial
and Medium Density
Residential
CPD (Commercial Planned
Development) and
Residential Medium (RM)
Vacant School Site
South* Moderate Density
Residential
Residential Moderate
(RMod)
Vacant
East Mobile Home Mobile Home (MH) Crest Mobile Home
Village
West High Density
Residential
Residential High Density
(RH)
Sage Creek
Apartments
*4.22-acre lot to be included in the overall project site for future development.
Figure 1- Conceptual Site Plan
Current General Plan Land Use
T
he current land use designation for the project site is Medium Density Residential (3.6 to 5.0 units per acre). This designation is intended to encourage a predominantly single- family residential environment with a wide range of lot sizes, but an overall density similar to the bulk of single-family developments on the valley floor. 4 GPPS20220003SentryPropertyGroup1-23-23(klk)
Current and Proposed General Plan Land Use
Proposed Amendment to the General Plan
T
he intent of the proposed General Plan land use designation of Moderate Density Residential is to create residential areas composed of detached, single- family dwelling units on small lots and attached residential projects for senior or affordable housing units, or to minimize design constraints of the site, such as traffic noise, flooding potential or topography. The Moderate Density designation (5.1 to 10.0 units per acre) is intended mainly on the central portion of the valley floor with limited use in outlying canyon areas (General Plan Residential Designations, page 50 of Chapter 3).
T
he proposed General Plan land use on the site would be the same as the Moderate Density Residential land use designation located directly to the south of the subject property. The parcel to the south will be part of the multi -family residential development project, application to follow.
5 GPPS20220003SentryPropertyGroup1-23-23(klk)
The following criteria are included in Resolution No. 94- 10 regarding General Plan Pre- screening requests, with analysis for City Council consideration:
1. The
proposed amendment is of a configuration and land use that has a reasonable potential for being compatible with other existing and proposed land uses in the area, in that amending the General Plan land use designation over the 1.5- acre site from Medium Density Residential to Moderate Density Residential would allow for a development that is compatible with the surrounding land uses.
B
y changing the Medium Density Residential Density designation to Moderate Density Residential, this site has a reasonable potential to be compatible with the surrounding properties and their densities . The proposed density of 5.1 to 10.0 units per acre will be largely compatible with:
- t he multi-family development to the west, designated High Residential Density (10.1 to 20.0 units per acre);
- t he mobile home park to the east is designated Mobile Home (0 -8 units per acre);
- the proposed townhome development to the north, with the potential to be designated High Residential Density (10.1 to 20.0 units per acre); and - t he proposed change for these two lots will be compatible with the current General Plan l and use designation of Moderate Density Residential for the parcel to the south, which will be part of the overall multifamily development.
A
traffic study will be required as part of the formal application to ensure access to the site will not adversely impact circulation on East Los Angeles Avenue. In addition, the proposed project will need to meet all access requirements imposed by the Ventura County Fire Protection District.
T
he Conceptual Site Plan provides an example of a possible development option that consists of multi -family buildings similar to the existing multi- family developments in the immediate area. The site is adequately served by utilities to allow a future development request. Any future development application would be required to comply with Simi Valley Municipal Code (“SVMC”) requirements for setbacks, building height, parking, traffic, landscaping, drainage, grading, fire protection, and dust control, which are established to ensure compatibility between adjacent land uses. Therefore, the proposed change in land use to Moderate Density Residential would increase the residential land use opportunities to redevelop the site and has a reasonable potential to be compatible with the adjacent land uses. Therefore, the proposal is consistent with this finding.
2. The
proposed amendment has a reasonable potential for being compatible with the goals and policies of the General Plan, in that the following General Plan Policies are provided to demonstrate that the Moderate Density Residential Land Use can be found to be appropriate for this location:
6 GPPS20220003SentryPropertyGroup1-23-23(klk)
Policy LU-1.3: Development Priorities . Prioritize future growth as infill and redevelopment of exi sting developed areas re- using, and where appropriate, intensifying development of vacant and underutilized properties within the CURB.
Allow for growth on the immediate periphery of existing development in limited designated areas, where this is guided by standards to assure seamless integration and connectivity with adjoining areas and open spaces. The proposed land use change to Moderate Density Residential will provide an opportunity to infill underutilized properties developed with single-family residences and redevelop the m along with the southern parcel to allow for a residential development that would be consistent with the moderate and higher -density uses in the immediate vicinity. The proposed General Plan land use designation has the potential to be consistent with adjacent l and uses in the area, and by intensifying the land use on the site, the proposal could provide for a development that allows for more housing opportunities.
P
olicy LU-5.1: Development Compatibility. Locate and design development to assure compatibility among land uses, addressing such elements as building orientation and setbacks, buffering, visibility and privacy, automobile and truck access, impacts of noise and lighting, landscape quality and aesthetics. The proposed change in General Plan l and use designation to Moderate D ensity Residential would allow multi -family residential development on the property that has the potential to be consistent with adjacent residential uses, which include multi-family apartment buildings to the west, a mobile home park to the east, and a proposed multifamily development to the north. Upon formal submittal, staff will work with the applicant to ensure that the development requirements of the SVMC and design considerations within the City’s Design Guidelines are met.
P
olicy HE-1.1: Variety of Housing Types. 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 Moderate Land Use designation would allow for Residential Moderate Density Zoning, which allows for either single- or multi-family housing products for a variety of site development options. The proposed land use change to Moderate Density Residential would provide additional opportunities to develop high quality res idential development potentially with affordable housing incorporated in order to accommodate various socioeconomic segments of the City’s community.
T
herefore, the proposed change to Moderate Density Residential has a reasonable potential to be compatible with the goals and policies of the General Plan.
3. The
proposed amendment is unlike other amendment requests located in the same general area, which have been previously considered and denied by the City Council within the last 12 mont hs, in that there have been no other amendment requests located in the same general area that were considered and denied by the City Council in the last 12 months. Therefore, the proposal is compatible with this finding.
7 GPPS20220003SentryPropertyGroup1-23-23(klk)
4. The proposed amendment is not locate d within an area where a newly adopted land use study or policy has been in effect for less than 12 months or within an area where the City Council has directed the preparation of a land use study, in that the site is not located within an area where the City Council has directed the preparation of a land use study in the last 12 months. The Housing Element update in 2021 rezoned the southern portion of the future project site from Residential Medium Density to Residential Moderate Density. The City Council authorized GPPS-2022-0001 in 2022, for the four (4) parcels directly north of the subject site, for further processing as a formal General Plan Amendment to change the land use designation from General Commercial and Medium Density Residential to High Density Residential. A formal application for review has since been submitted. Therefore, the proposal is compatible with this finding.
A
General Plan Amendment would change the land use designation on a 1.5-acre portion of a 5.72-acre site from Residential Medium Density to Residential Moderate Density, and would accommodate the eventual development of a multi-family residential development.
If allowed to proceed (with a minimum of three (3) affirmative votes), the applicant would be authorized to file a formal General Plan Amendment application, and process concurrently the required applications at any time during a one- year period following the City Council’s action.
It is important to note that the City Council’s authorization to process a request for a formal General Plan Amendment does not constitute approval of the General Plan Amendment. The City Council will retain the discretion to ultimately approve or deny the General Plan Amendment request.
T
he following alternatives are available to the City Council:
1. Au
thorize GPPS- 2022-0003 for further processing as a formal General Plan Amendment, a request to change the General Plan Designation of a 1.5- acre portion of a 5.72-acre site located at 1801 and 1807 Oak Road from Medium Density Residential to Moderate Density Residential with direction to include the concurrent filing of required applications for future development;
2. D
o not authorize GPPS -2022-0003 for further processing as a General Plan Amendment; or
3. P
rovide alternative direction to the Pre-screening review request.
S
taff recommends Alternative No. 1.
SUGGESTED CITY COUNCIL MOTION
I mov
e to authorize GPPS -2022-0003 for further processing as a formal General Plan Amendment.
8 GPPS20220003SentryPropertyGroup1-23-23(klk)
SUMMARY
S
entry Property Group, Inc. submitted a General Plan Amendment (GPA) Pre-screening application, GPPS -2022-0003, for the City Council’s conceptual review to change the General Plan land use designation from Medium Density Residential to Moderate Density Residential for a 1.5-acre developed site located at 1801 and 1807 Oak Road. A change to Moderate Density Residential is proposed for a 1.5- acre portion of a 5.72- acre future project site, to facilitate the development of a residential project . The proposed General Plan amendment has the potential to be compatible with the existing and proposed surrounding moderate- and high-density developments. Staff has made the findings for the criteria required in Resolution No. 94- 10, regarding General Plan Pre-screening requests. Therefore, staff recommends approval to authorize GPPS -2022-0003 for further processing as a formal General Plan Amendment.
___
_________________________________
Stratis Perros
Environmental Services Director
Prepared by: Zarui Chaparyan, Assistant Planner
INDEX Page
P
ublic Hearing Procedure .............................................................. 10 Exhibit 1: Conceptual Site Plan
Exhibit 2: General Plan Land Use Map
Exhibit 3: City Council Resolution No. 94-10
9 GPPS20220003SentryPropertyGroup1-23-23(klk)
PUBLIC HEARING PROCEDURE
HE
ARING DATE: January 23, 2023
1. M
AYOR: This is the time and place set for a public hearing to consider General Plan Amendment Pre-screening Application (GPPS- 2022-0003), a request to change the General Plan l and use designation from Medium Density Residential to Moderate Density Residential for a 1.5-acre portion of a 5.72- acre site located at 1801 and 1807 Oak Road.
2. M
AYOR: Are there any ex parte communications to report?
3. A
NY COUNCIL
M
EMBER : (Report of communications)
4. M
AYOR: May we have an oral report on this matter by staff?
5. S
TAFF: (Report)
6. A
NY COUNCIL
MEMBER : (Questions of staff and staff responses)
7. M
AYOR: Does the applicant wish to be heard on this matter?
8. APPL
ICANT: (Comments)
9. M
AYOR: Is there anyone in the City Council Chamber wishing to be heard on this matter?
10. A
UDIENCE: (Comments)
11. M
AYOR: Does staff desire to respond to any comments or issues raised?
12. S
TAFF: (Response to comments and additional City Council questions)
13. M
AYOR: Does the Applicant desire any rebuttal?
14. APPL
ICANT: (Rebuttal)
15. M
AYOR: 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.)
16. A
NY COUNCIL
MEMBER : (Comments)
10 GPPS20220003SentryPropertyGroup1-23-23(klk)
17. MAYOR: The Chair will now entertain a motion.
18. A
NY COUNCIL
MEMBER :
City Council Actions (by motion of any Council Member):
1) I mov
e to a uthorize GPPS -2022-0003 for further
processing as a formal General Plan Amendment.
2) I
move to deny General Plan Pre-screening request
GPPS-2022-0003.
* A
ny action to refer the matter back to staff or to continue the matter requires a second and a vote.
19. A
NY COUNCIL
MEMBER : Second
20. M
AYOR: (Call for vote)
21. M
AYOR: Proceed to the next item.
11 EXHIBIT 1
12 Existing General Plan Land Use Proposed General Plan Land Use EXHIBIT 2
13 , .
RESOLUTION NO. 94-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SIMI
VALLEY REPEALING RESOLUTION NO. 89-71 AND ADOPTING
REVISED PROCEDURES FOR THE PROCESSING AND REVIEW OF
GENERAL PLAN AMENDMENTS
" .
WHEREAS, after an extensive period of preparation and review, an updated General Plan for the City of Simi Valley was adopted on October 18, 1988; and
WHEREAS, it is the intent of the City Counc il to rna i nta in the comprehensive nature and internal consistency of the adopted General Plan by providing an orderly procedure for the consideration of amendments to the General Plan; and
WHEREAS, on July 24, 1989, the City Council adopted Resolution No. 89-71 as an administrative procedure to implement the provisions of the General Plan by providing such procedures for the review of amendment applications; and WHEREAS, this Resolution is an administrative procedure intended to clarify and expedite the processing and review of General Plan Amendment applications and will not result in physical changes to the environment.
NOW, THEREFORE THE City Council OF THE CITY OF SIMI VALLEY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. This Resolution is not a project as defined in Title 14 of the California Code of Regulations Section 15378 and is, therefore, not subject to the California Environmental Quality Act of 1970.
SECTION 2. Resolution No. 89-71 is hereby repealed.
SECTION 3. The following definitions shall apply throughout this Resolution:
(a) IICity Council II shall mean the City Council of the City of Simi Valley;
(b) IIDepartmentli shall mean the Department of Environmental Services of the City of Simi Valley;
(c) IIDirectorli shall mean the Director of Environmental Services or his/her designee;
EXHIBIT 3
14 RES. NO. 94-10
(d) "Planning Commission" shall mean the Planning Commission of the City of Simi Valley.
SECTION 3. Applicability. The provisions of this Resolution shall apply to all requests to amend the Simi Valley General Plan, except as follows:
(a) Amendments requested and necessary for a single
development of residential units at least twenty-five (25) percent of which will be occupied by or available to persons and families of low or very low income; (b) Amendments requested as a result of a court decision, pursuant to Government Code Section 65358(d)(I);
(c) Amendments required to maintain consistency with an app 1 i cab 1 e Airport Land Use Pl an, pursuant to Government Code Sect ion 65302.3 (b) ; (d) Amendments requested for "large scale urban development plans", as defined in Health and Safety Code Section 56032(d); and (e) Amendments initiated by the City Council.
SECTION 5. Pre-Screening Review. No request to amend the Simi Valley General Plan may be filed until a preliminary review of the request has been conducted and authorization to file an application has been granted by the City Council. Requests for pre-screening review shall be made to the Department of Environmental Services in the form of a Preliminary Review application or such other form deemed appropri ate by the Di rector of Envi ronmenta 1 Servi ces.
Requests for pre-screening review may be submitted at any time and shall be reviewed by the City Council at one of the following meetings, unless otherwise scheduled by direction of the Council:
When Request Filed
September - November
December - February
March - May
June - August
Hearing Date
4th Monday in January
4th Monday in April
4th Monday in July
4th Monday in October
In the event of an emergency condition, such as a fire, flood, or earthquake, the Director may initiate additional pre-screening hearings to consider pre-screening requests resulting from that emergency. Requests for pre-screening review shall be accompanied by the fee specified by City Council resolution. -2-
105\2-94(1)
15 ..
RES. NO. 94-10
SECTION 6. Pre-Screening Criteria. The following criteria shall be used in reviewing requests for pre-screening of General Plan Amendments. (a) The proposed amendment is of a confi gurat i on and land use that has a reasonable potential for being compatible with other existing and proposed land uses in the area;
(b) The proposed amendment has a reasonable potential for being compatible with the goals and policies of the General Plan; (c) The proposed amendment is un 1 ike other amendment requests located in the same general area which have been previously considered and denied by the City Council within the last twelve months; and
(d) The proposed amendment is not located within an area where a newly adopted land use plan or policy has been in effect for less than twelve (12) months or within an area where the City Council has directed the preparation of a land use study.
Proposals which receive three or more affirmative votes from the City Council on all of the criteria listed above may file formal applications for amendments to the General Plan. Pre-screening approvals remain valid for twelve (12) months from the date of the City Council action, after which time, they become null and void. Proposals which receive less than three affirmative votes may not re-file for pre-screening review for at least twelve (12) months after the date of the Counc il act ion.
SECTION 7. Filing of General Plan Amendment Applications. Proposed amendments which receive three affirmative votes at the pre-screening hearing may file an application for a General Plan Amendment with the Department of Environmental Services up to one (I) year following the pre-screening hearing date. Unless otherwise directed by the Council at the pre-screening hearing, each application will be processed separately unless combined with other applications for public hearing purposes.
SECTION 8. Environmental Review. To the extent that individual amendment requests are determined to necessitate preparation and consideration of an environmental document, such as a Negative Declaration or Environmental Impact Report, such a document will be prepared by the Department of -3- 105\2-94(1)
. .
16 ...
RES. NO. 94-10
Environmental Services (or by an approved consultant). If more than one (1) app 1 i cat ion is schedul ed for the same pub 1 i c heari ng, the Department shall prepare a supplemental document addressing the cumulative environmental impacts of all pertinent applications. Any applicant failing to pay the cost of the environmental document shall be excluded from the General Plan Amendment process.
SECTION 9. Public Hearings. If sufficient applications have been filed, up to three (3) series of publ ic hearings may be held each year to consider amendment requests. A fourth series of GPA hearings may be held each year for projects initiated by the Council or private }mendment requests directed by the Council for separate processing. Upon completion of project analysis, the Director shall schedule each application for public hearing before the Planning Commission in conformance to the hearing schedule noted in the GPA application form. The Commission shall make a written recommendation to the City Council of those Amendments deemed worthy of approval. A recommendation for approval shall be made by the affi rmat i ve vote of not 1 ess than three (3) members of the Planning Commission. Amendment requests denied by the Planning Commission shall not be forwarded to the City Council unless a written appeal is filed with the City Clerk by an interested party within five (5) days after the Planning Commission action. Prior to amending the General Plan, the City Council shall hold at least one (1) public hearing. Adoption of General Plan Amendments shall be by resolution receiving not less than three (3) affirmative votes of the City Council. The City Council may approve, disapprove, or modify the recommendation of the Planning Commission. Any substantial modification proposed by the City Council not previously considered by the Planning Commission during its hearing shall first be referred to the Commission for its recommendation. The failure of the Commi ss i on to report with i n forty-fi ve (45) calendar days after the reference, or within the time set by the City Council, shall be deemed a recommendation for approval.
-4- 105\2-94(1)
" .
17 .. ... • l'. ..
RES. NO. 94-10
SECTION 10. 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 Cl erk.
PASSED and ADOPTED this 28th day of February~ 1994.
ATTEST:
~~-----
Assistant City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
M. L. oester, Clty Manager
(lj.~-~
Diane Davls-Crompton, Dlrector
Department of Environmental Services
-5- 105\2-94(1)
18 ,. J4.. 'r "' ...
...
RES. NO. 94-10
I, Assistant City Clerk of the City of Simi Valley, California, do hereby certify that the foregoing Resolution No. 94-10, was regularly introduced and adopted by the City Council of the City of Simi Valley, California, at a regular meeting thereof held on the 28th day of February, 1994 by the following vote of the City Council:
AYES: Council Members Webb (under protest), Davis,
Mayor Pro Tern Mikels, and Mayor Stratton
NAYS: None
ABSENT: Council Member Williamson
ABSTAINED: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Simi Valley, California, this 1st day of March, 1994. -6-
/7., ~~ ~ r-· ''1''--
ASSISTANT C~~~ CITY OF
SIMI VALLEY, CALIFORNIA
19