1. Some of the si
tes shown in Figure H-7 are directly adjacent to Ventura County Watershed Protection (WP) Jurisdictional redline channels. For example, the location south of Fitzgerald road is an undeveloped lot adjacent to Erringer Road Drain. Additionally, the undeveloped lot north of Cottonwood drive is flanked by Tapo Canyon on the east and Tapo Hills Diversion on the west. Other potential sites are not directly adjacent to WP facilities, but the cumulative impact of development has the potential to affect existing regional drainage patterns . It is Watershed Protection’s standard that a project cannot impair, divert, impede, or alter the characteristics of the flow of water running in any jurisdictional red line channel under the requirements of Ordinance WP -2. Many of WP’s drainage facilities have been identified as having limited flood carrying capacity and no increase in peak runoff will be allowed. Therefore, any future development activities that have the potential to alter site drainage must provide adequate stormwater mitigation measures to comply with the W atershed Protection’s standard for peak stormwater attenuation, which is that the runoff after development shall not exceed the peak flow under existing site conditions for any storm frequency or, alternatively, apply the city standard; whichever is most restrictive shall apply. Analyses to meet WP requirements should consider the 100- year, 50-year, 25-year, and 10-year design storm frequencies.
2. As the City of Simi Valley continues to identify and develop housing options over the comi ng decades, it is imperative to reflect on the value that drainage infrastructure brings to the community; namely, to preserve public health and ensure economic prosperity. Much of the regional drainage infrastructure will approach its useful design life by midcentury and a funding mechanism must be established to determine the pro rata financial contribution consistent with the flood protection benefits conveyed to future development projects. The updated Ventura County 2040 General Plan Policies PFS-3.1, PFS-3.2 and PFS -6.1 highlight the importance of funding infrastructure operations, maintenance, repairs, rehabilitation, and replacement to ensure safe and vibrant communities. Additional information on the updated General Plan policies can be found at the following web address:
https://doc
s.vcrma.org/images/pdf/planning/plans/Final_2040_General_Plan_doc s/Ventura_Count
y_2040_General_Plan_web_link.pdf
If you have any
questions, please feel free to contact me by email at
[email protected] or by phone at
(805) 650-4077.
END OF TEXT
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Letter 1
COMMENTER: Sergio Vargas, Deputy Director, Watershed Planning and Permits Division, Watershed Protection District, Ventura County Public Works Department DATE: September 1, 2021
Response 1.1
After an introductory paragraph summarizing the proposed project, the commenter states that some of the sites shown in Figure H-7 of the Housing Element Update are directly adjacent to Ventura County Watershed Protection (WP) Jurisdictional redline channels and, while other sites are not directly adjacent to WP facilities, the cumulative impact of development at all these sites has the potential to affect existing regional drainage patterns. They then explain that the WP District requires that a project cannot impair, divert, impede, or alter the characteristics of the flow of water running in any jurisdictional channel under the requirements of Ordinance WP-2. They also state that many of WP’s drainage facilities have been identified as having limited flood carrying capacity, that no increase in peak runoff will be allowed in these facilities, and that any future development activities that have the potential to alter site drainage must provide adequate stormwater mitigation measures to comply with the WP’s standard for peak stormwater attenuation, which is that the runoff after development shall not exceed the peak flow under existing site conditions for any storm frequency or, alternatively, apply the city standard; whichever is most restrictive.
These comments are on the proposed project and do not refer to or comment on the contents of the IS-MND. However, as stated in impact discussion c.(iii), c.(iv) of Section 10, Hydrology and Water Quality of the IS-MND, policies in the 2030 General Plan Update are designed to minimize stormwater runoff. These policies (including IU-3.12, IU-4.3, IU-4.4, IU-4.5, IU-4.6, IU-4.7, and NR-
5.2) require preparation of a Standard Urban Stormwater Mitigation Plan (SUSMP), implementation of Best Management Practices (BMPs), incorporation of stormwater detention facilities, design of drainage facilities to minimize adverse effects on water quality, and minimization of increases in impervious areas. Implementation of these policies would reduce the volume of runoff generated by future development projects. Additionally, per standard City procedures, if future development projects would have the potential to directly discharge to Ventura County WP District facilities, the City would require applicants for these projects to obtain an approval letter from the WP District after the City has deemed the project complete and compliant with the County MS4 permit, but prior to granting development entitlements.
Response 1.2
The commenter requests that it is imperative to reflect on the value of drainage infrastructure to the community. The commenter also states that much of the regional drainage infrastructure will approach its useful design life by midcentury and a funding mechanism must be established to determine the pro rata financial contribution consistent with the flood protection benefits conveyed to future development projects. The commenter then refers the reader to the updated Ventura County 2040 General Plan Policies PFS-3.1, PFS-3.2 and PFS-6.1, which highlight the importance of funding infrastructure operations, maintenance, repairs, rehabilitation, and replacement to ensure safe and vibrant communities.
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While these comments do not refer to the IS-MND or the proposed project, the City will take them into account when considering the proposed project and future development projects. 5 811
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“Provide a safe and reliable transportation network that serves all people and respects the environment”
STATE OF CALIFORNIA------- CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF TRANSPORTATION
DISTRICT 7
100 S. MAIN STREET, MS 16
LOS ANGELES, CA 90012
PHONE (213) 269-1124
FAX (213) 897-1337
TTY 711
www.dot.ca.gov
Making Conservation
a California Way of Life
September 15, 2021
Ms. Monica Dionne
Associate Planner
City of Simi Valley
Department of Environmental Services
2929 Tapo Canyon Road
Simi Valley, CA 93063
RE: GPA-2021-0001: General Plan
Amendment to Update the Housing
Element for the 2021-2029 Planning
Period
SCH # 2021080508
Vic. VEN-118 Citywide
GTS # VEN-2021-00459-MND-AL
Dear Mr. Dionne:
Thank you for including the California Department of Transportation (Caltrans) in the environmental review process for the above referenced environmental document. The project consists of a comprehensive update to the 2013 -2021 Housing Element, which comprises Chapter 4 of the Simi Valley 2030 General Plan (adopted in 2012), and maintain internal consistency of the General Plan Elements (inclusive of Community Development, Safety, and Environmental Justice), Land Use Map amendments and Zone changes. To comply with State law, the City's Housing Element must be updated every eight years to ensure the City's policies and programs can accommodate estimated housing growth allocation identified by the state -determined Regional Housing Needs Assessment. The project is located at selected sites citywide.
The mission of Caltrans is to provide a safe and reliable transportation network that serves all people and respects the environment. Senate Bill 743 (2013) has codified into CEQA law and mandated that CEQA review of transportation impacts of proposed development be modified by using Vehicle Miles Traveled (VMT) as the primary metric in identifying transportation impacts for all future d evelopment projects. You may reference the Governor’s Office of Planning and Research (OPR) for more information:
http://opr.ca.gov/ceqa/updates/guidelines/
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“Provide a safe and reliable transportation network that serves all people and respects the environment”
As a reminder, VMT is the standard transportation analysis metric in CEQA for land use projects after July 1, 2020, which is the statewide implementation date.
Caltrans is aware of challenges that the region f aces in identifying viable solutions to alleviating congestion on State and Local facilities. With limited room to expand vehicular capacity, all future developments should incorporate multi -modal and complete streets transportation elements that will act ively promote alternatives to car use and better manage existing parking assets. Prioritizing and allocating space to efficient modes of travel such as bicycling and public transit can allow streets to transport more people in a fixed amount of right-of-way.
Caltrans supports the implementation of complete streets and pedestrian safety measures such as road diets and other traffic calming measures. Please note the Federal Highway Administration (FHWA) recognizes the road diet treatment as a proven safety countermeasure, and the cost of a road diet can be significantly reduced if implemented in tandem with routine street resurfacing. Overall, the environmental report should ensure all modes are served well by planning and development activities. This includes reducing single occupancy vehicle trips, ensuring safety, reducing vehicle miles traveled, supporting accessibility, and reducing greenhouse gas emissions.
We encourage the Lead Agency to evaluate the potential of Transportation Demand Management (TDM) strategies and Intelligent Transportation System (ITS) applications in order to better manage the transportation network, as well as transit service and bicycle or pedestrian connectivity improvements. For additional TDM options, please refer to the Federal Highway Administration’s Integrating Demand Management into the Transportation Planning Process: A Desk Reference (Chapter 8). This reference is available online at:
http://www.ops.fhwa.dot.gov/publications/fhwahop12035/fhwahop12035.pdf
You can also refer to the 2010 Quantifying Greenhouse Gas Mitigation Measures report by the California Air Pollution Control Officers Association (CAPCOA), which is available online at:
http://www.capcoa.org/wp-content/uploads/2010/11/CAPCOA-Quantification-Report-9- 14-Final.pdf
Also, Caltrans has published the VMT -focused Transportation Impact Study Guide (TISG), dated May 20, 2020 and the Caltrans Interim Land Development and 7 813
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Intergovernmental Review (LD-IGR) Safety Review Practitioners Guidance, prepared in On December 18, 2020. You can review these resources at the following links:
https://dot.ca.gov/-/media/dot-media/programs/transportation-planning/documents/sb- 743/2020-05-20-approved-vmt-focused-tisg-a11y.pdf
https://dot.ca.gov/-/media/dot-media/programs/transportation-planning/documents/sb- 743/2020-12-22-updated-interim-ldigr-safety-review-guidance-a11y.pdf
Caltrans encourages lead agencies to prepare traffic safety impact analysis for all developments in the California Environmental Quality Act (CEQA) review process so that, through partnerships and collaboration, California can reach zero fatalities and serious injuries by 2050.
Simi Valley Transit serves the city with fixed -route bus service that connects to the Los Angeles Metro in the San Fernando Valley and with Ventura County Transit Center in the Simi Valley Mall (City of Simi Valley 2021). Bicycle routes within the city consist of a network of facilities that connect trails and transit stations with roadways through various bicycle facilities (Class I through III), that vary in their deg ree of separation from the vehicular lanes (City of Simi Valley 2008).
Implementation of the 2021-2029 Housing Element would increase density on some sites throughout the city to meet the RHNA allocation. The Opportunity Areas identified in the 2021-2029 Housing Element would largely accommodate infill development that tends to reduce VMT because it places residential development close to commercial and office uses and produces opportunities to travel by foot or bicycle instead of automobile. As described under Environmental Setting, Simi Valley is served by public transit options and bicycle routes on city roadways. Future projects implemented under the 2021-2029 Housing Element are therefore likely to reduce VMT compared to regional averages, due to residential uses being developed close to commercial, office, and other uses.
We concur the City’s 2030 General Plan policies that encourage reduced VMT • Policy M-8.4 Accommodate Alternative Modes
• Policy M-11.1 & Policy M-11.5 Transportation Demand Management (TDM) • Policy M-11.2 Alternative Transportation Modes
• Policy M-11.4 Demand Reduction Program
• Policy M-12.1 Bicycle Master Plan
• Policy M-12.2 Bicycle Usage
• Policy M-12.3 Bicycle Facilities
The 2021-2029 Housing Element does not propose specific projects but puts forth goals and policies that regulate various aspects of new housing development in Simi Valley.
Because it is a policy document, the 2021-2029 Housing Element will not result in impacts 8 814
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“Provide a safe and reliable transportation network that serves all people and respects the environment”
to transportation or affect existing plans that addr ess transportation and mobility.
Furthermore, future development accommodated under the 2021-2029 Housing Element would be subject to development plan review to determine potential concerns related to transportation and VMT based on site -specific location s and development design.
Development proposals for individual projects would be subject to adopted development guidelines, including standards that govern VMT, transportation, GHG, and associated issues. Any impacts identified for an individual project w ould be addressed through the project approval process, including design review specific to any potential impacts of that project. Therefore, the impacts would be less than significant.
If you have any questions, please feel free to contact Mr. Alan Lin the project coordinator at (213) 269-1124 and refer to GTS # VEN-2021-00459-MND-AL.
Sincerely,
MIYA EDMONSON
IGR/CEQA Branch Chief
email: State Clearinghouse
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Letter 2
COMMENTER: Miya Edmonson, IGR/CEQA Branch Chief, California Department of Transportation, District 7
DATE: September 15, 2021
Response 2.1
After an introductory paragraph thanking the City for the opportunity to comment on the proposed project, and then summarizing the project, the commenter states that it is Caltrans’ mission to provide a safe and reliable transportation network that serves all people and respects the environment. They then state that SB 743 requires that Vehicle Miles Traveled (VMT) be used as the primary metric in identifying transportation impacts for all future development projects under CEQA.
As stated in Section 17, Transportation of the IS-MND, the 2021-2029 Housing Element proposes rezoning sites throughout the city in Opportunity Areas where largely infill development would occur, particularly along transit corridors and near existing commercial development. Infill development typically decreases VMT because it places residential uses closer to services that support residents (e.g., grocery stores, restaurants, and other services) and encourages alternative modes of travel, such as walking and cycling. Furthermore, the Housing Element rezone sites are, in many cases, situated near or adjacent to transportation corridors and transit areas, facilitating fewer and shorter trip lengths.
Impact discussion 17b of the IS-MND analyzes the proposed project’s potential to be inconsistent with CEQA Guidelines Section 15064.3(b), which implements SB 743 by requiring specific considerations of a project’s transportation impacts based on VMT. Impact discussion 17b finds that, because it is a policy document, the 2021-2029 Housing Element would not, in and of itself, result in impacts to transportation or affect existing plans that address transportation and mobility.
Furthermore, future development accommodated under the 2021-2029 Housing Element would be subject to development plan review to determine potential concerns related to transportation and VMT based on site-specific locations and development design. Impact discussion 17b also points out that the 2030 General Plan has many policies encouraging reduced VMT through means such as accommodating and promoting alternative transportation modes, TDM, and encouraging bicycle use.
Response 2.2
The commenter states that all future developments should incorporate multi-modal and complete streets transportation elements that will actively promote alternatives to car use and better manage existing parking assets; and that prioritizing and allocating space to efficient modes of travel such as bicycling and public transit can allow streets to transport more people in a fixed amount of right-of- way. They also state that Caltrans supports the implementation of complete streets and pedestrian safety measures such as road diets and other traffic calming measures. Lastly, they state that “the environmental report should ensure that all modes are served well by planning and development activities. This includes reducing single occupancy vehicle trips, ensuring safety, reducing vehicle miles traveled, supporting accessibility, and reducing greenhouse gas emissions.” 10 816
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As explained in impact discussion 17b of the IS-MND, the City’s 2030 General Plan includes various policies that encourage reduced VMT. These policies encourage various aspects of multi-modal and complete streets transportation including accommodating alternative transportation modes, utilizing and promoting TDM measures, maintaining and updating the City’s Bicycle Master Plan, promoting bicycling as an option for short trips, allowing bicycles to connect to mass transit, and incorporating bicycle and pedestrian facilities in the design plans for new streets and highways and, where feasible, in plans for improving existing roads.
Regarding the commenter’s statement that the environmental report should ensure that all modes are served well by planning and development activities, as pointed out in impact discussion 17b, the 2021-2029 Housing Element, in and of itself, does not propose specific projects but puts forth goals and policies that regulate various aspects of new housing development in Simi Valley. Because it is a policy document, the 2021-2029 Housing Element will not, in and of itself, result in impacts to transportation or affect existing plans that address transportation and mobility, other than the positive effects of the transportation-related General Plan policies discussed above. The proposed project would therefore not negatively impact the extent to which any mode of transportation is served by future planning and development activities.
As discussed in Section 8, Greenhouse Gas Emissions of the IS-MND, the infill and transit-oriented nature of most development that would be facilitated by the proposed project, and required compliance with plans and policies related to GHG emissions (such as the City’s Climate Action Plan (CAP) and Energy Reach Code), would not generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment; or conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases.
Response 2.3
The commenter encourages the lead agency to evaluate the potential of TDM and ITS applications and transit, bicycle, and pedestrian improvements to better manage the transportation network, and provides sources for information on TDM, ITS, GHG mitigation measures, and VMT analysis.
While this appears to be a general recommendation or request rather than a comment on the IS- MND, as discussed in Response 2.2 and in impact discussion 17b of the IS-MND, the City’s 2030 General Plan includes policies relevant to this comment, including accommodating alternative transportation modes, utilizing and promoting TDM measures, maintaining and updating the City’s Bicycle Master Plan, promoting bicycling as an option for short trips, allowing bicycles to connect to mass transit, and incorporating bicycle and pedestrian facilities in the design plans for new streets and highways and, where feasible, in plans for improving existing roads. Also, the potential VMT impacts of the proposed project are evaluated in Section 17, Transportation of the IS-MND.
Response 2.4
The commenter states that “Caltrans encourages lead agencies to prepare traffic safety impact analysis for all developments in the California Environmental Quality Act (CEQA) review process so that, through partnerships and collaboration, California can reach zero fatalities and serious injuries by 2050.”
While this appears to be a general recommendation or request rather than a comment on the IS- MND, potential traffic safety hazards are discussed in impact discussion 17c of the IS-MND. While the analysis already contained in this and other sections of the IS-MND is adequate to make the 11 817
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determinations of significance related to safety required under CEQA, the City will consider the commenter’s request to prepare traffic safety impact analyses for future projects on a case-by-case basis.
Response 2.5
The commenter reiterates and concurs with information from the IS-MND regarding transit service in Simi Valley, the VMT-reducing effects of infill development that would characterize future development that could be carried out under the proposed project, and the City’s 2030 General Plan policies that encourage reduced VMT. They also concur with the conclusion of the IS-MND that because it is a policy document, the 2021-2029 Housing Element would not result in significant impacts to transportation or affect existing plans that address transportation and mobility.
The City appreciates and agrees with these comments.
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VENTURA COUNTY
AIR POLLUTION CONTROL DISTRICT
Memorandum
TO: Monica Dionne, City of Simi Valley
DATE: September 22, 2021
FROM: Nicole Collazo, Air Quality Specialist, Planning Division
SUBJECT: NOI to adopt a MND for the City of Simi Valley 2021-2029 Housing Element Update (GPA 2021-0001)
Air Pollution Control District (APCD) staff have reviewed the subject Notice of Intent (NOI) and draft Mitigated Negative Declaration (MND) for the project referenced above (project). The Lead Agency for the project is the City of Simi Valley . APCD as a Commenting Agency has the following comments about the draft MND as it pertains to air quality and greenhouse gas environmental impact sections.
GENERAL COMMENTS
Air Quality Section
Checklist Form, Item c, has 2 determinations selected (Less than Significant, No Impact).
outdated older AQMP (1987, Figure E-1). APCD does not distinguish subregional airsheds within the South Central Coast Air Basin (SCAAB). Please remove reference.
different thresholds under the VCAP CD and would thus be required to under go project-specific evaluation to determine s pecific impacts to air quality, which would occur during the permitting process for that project ”. APCD would like to note that resid ential projects are not under the permitting authority of APCD, as permits are only issued to stationary sources such as commercial or industrial projects. As such, projects would only go through a project-specific evaluation if they are required to comply with CEQA with the City of Simi Valley. APCD is not part of this internal review. This would not include any specific projects contained in the project that would be claiming a CEQA exemption (infill development, existing facilities, affordable housing, etc.).
APCD believes this statement is misleading.
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may aid the City ’s 2030 General Plan’s policies (NR-9.3) listed in order to “ensure air quality impacts are reduced ” (MND, Page 42). These programs can be recommended as standard conditions of approval for the individual projects listed in the project as they undergo a permitting review.
APCD’s Incentive Programs reduce air pollutants that are harmful to human health and the environment. The incentive programs include EV vehicle infrastructure grant funding, replacing fossil-fueled vehicles with cleaner technology, and electric lawn mower trade-ins. More information can be found here on our District Incentive Programs Website Page.
APCD would also like to no te that General Plan Policies NR-9.4, -9.5, and -9.6 are enforceable only by recommending standard conditions of approval that are consistent with APCD Rules 50, Opacity, Rule 51, Nuisance, and Rule 55, Fugitive Dust. A copy of the standard template for this condition is found below. It is recommended to be used for all incoming projects contained in the project that will have construction operations and related air emissions.
FUGITIVE DUST
Purpose: To ensure that fugitive dust and particulate matter that may result from site preparation and construction activities are minimized to the greatest extent feasible.
Requirement: The Permittee shall comply with the provisions of applicable VCAPCD Rules and Regulations, which include, but are not limited to, Rule 50 (Opacity), Rule 51 (Nuisance), and Rule 55 (Fugitive Dust).
Documentation: The Permittee shall ensure compliance with the following provisions:
I. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive amounts of dust;
II. Pre-grading/excavation activities shall include watering the area to be graded or excavated before commencement of grading or excavation operations. Application of water should penetrate sufficiently to minimize fugitive dust during grading activities; III. All trucks shall cover their loads as required by California Vehicle Code §23114.
IV. Fugitive dust throughout the site shall be controlled by the use of a watering truck or equivalent means (except during and immediately after rainfall). Water shall be applied to all unpaved roads, unpaved parking areas or staging areas, and active portions of the construction site. Environmentally safe dust control agents may be used in lieu of watering.
V. Graded and/or excavated inactive areas of the construction site shall be monitored at least weekly for dust stabilization. Soil stabilization methods, such as water and roll compaction, and environmentally safe dust control materials, shall be periodically applied to portions of the construction site that are inactive for over four days.
VI. Signs shall be posted onsite limiting traffic to 15 miles per hour or less.
VII. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (i.e., wind speed sufficient to cause fugitive dust to be a nuisance or hazard to adjacent properties). During periods of high winds, all clearing, grading, earth moving, 14 820
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and excavation operations shall be curtailed to the degree necessary to prevent fugitive dust created by onsite activities and operations from being a nuisance or hazard, either offsite or onsite.
Timing: Throughout the grading and construction phases of the project.
Reporting and Monitoring: Construction and Grading permits are issued by P ublics Works Agency and inspector shall perform periodic site in spections throughout the construction period.
Monitoring and Enforcement of dust-related provisions shall also be conducted by APCD staff on a complaint-driven basis.
Greenhouse Gas Emissions Section
is incorrect. APCD does not have regulatory authority over GHGs , th is is regulated by the California Air Resources Board (CARB). To clarify, we permit stationary business for their criteria pollutants (PM, ozone by way of ROC and NOx, etc.) and toxic air contaminants, not GHGs such as methane (CH4) and carbon dioxide (CO2).
“transportation corridors, including SR 118 and arterial roads such as Los Angeles Avenue ”, APCD strongly advises consideration of proximity of proposed housing to high traffic roads. The CARB has recommended a buffer distance of 500 feet between sensitive land uses and sources of TACs (CARB 2005 Land Use Handbook) , such as high quality transit corrido rs. According to CARB, air pollution studies indicate that living close to high traffic and the associated emissions may lead to adverse health effects beyond those associated with regional air pollution in urban areas. Many of these epidemiological studie s have focused on children. A number of studies identify an association between adverse non-cancer health effects and living or attending school near heavily traveled roadways. These studies have reported associations between residential proximity to high traffic roadways and a variety of respiratory symptoms, asthma exacerbations, and decreases in lung function in children. According to the CDC, a growing body of evidence demonstrates that minority populations and persons of lower socioeconomic status expe rience higher residential exposure to traffic and traffic -related air pollution than non -minorities and persons of higher socioeconomic status (CDC, Residential Proximity to Major Highways 2010).
Thank you for the opportunity to comment on the project’s MND. You may reach me at nicole@vcapcd.,org should you have any questions.
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Letter 3
COMMENTER: Nicole Collazo, Air Quality Specialist, Planning Division, Ventura County Air Pollution Control District (VCAPCD)
DATE: September 22, 2021
Response 3.1
The commenter points out that in “Item c” of the environmental checklist form on page 39 of the IS- MND, two determinations are selected: Less than Significant, and No Impact.
As shown in impact discussion c on page 44 of the IS-MND, the actual impact determination reached in this analysis is Less than Significant. The Final IS-MND will be corrected to uncheck the No Impact box on page 39 of the IS-MND for “Item c.”
Response 3.2
The commenter states that the term “Oxnard Plain Airshed” on page 39 of the IS-MND is outdated and asks for the term to be removed.
The Final IS-MND will be corrected to remove this term as follows (with strikethrough text showing language that will be removed):
Simi Valley is in southeastern Ventura County, which is part of the South Central Coast Air Basin (the Basin), in the inland portion of the Oxnard Plain Airshed, approximately 25 miles from the Pacific Ocean.
Response 3.3
Referring to a statement from page 42 of the IS-MND that “Projects that are proposed under the 2021-2029 Housing Element would be held to different thresholds under the VCAPCD and would thus be required to undergo project-specific evaluation to determine specific impacts to air quality, which would occur during the permitting process for that project,” the commenter states that “residential projects are not under the permitting authority of APCD, as permits are only issued to stationary sources such as commercial or industrial projects. As such, projects would only go through a project-specific evaluation if they are required to comply with CEQA with the City of Simi Valley.”
The following changes will be made in the Final IS-MND to clarify which projects would be subject to VCAPCD review (added language is shown in underlined text and deleted language is shown in strikethrough text):
Projects that are proposed under the 2021-2029 Housing Element would be held to different thresholds depending on the characteristics of each project. For example, residential projects are not under the permitting authority of VCAPCD, as permits are only issued to stationary sources such as commercial or industrial projects. However, even if a project were not subject to VCAPCD review or thresholds, it would still under the VCAPCD and would thus be required to undergo project-specific evaluation by the City to determine if it were subject to VCAPCD review and/or CEQA. If any project is determined to be subject to VCAPCD review, the City will work with the applicant and 16 822
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VCAPCD to facilitate that review. specific impacts to air quality, which This evaluation would occur during the development review and permitting process for that each project.
Response 3.4
The commenter states that they would like to inform the City of several APCD-administered programs that may aid the City’s 2030 General Plan’s policies (NR-9.3), and that these programs can be recommended as standard conditions of approval for future individual development projects as they undergo permitting review. They then refer the City to APCD incentive programs to reduce air pollutants that are harmful to human health and the environment.
The City appreciates receiving this information, and will consider using this information and sharing it with project applicants when reviewing future projects, on a case-by-case basis.
Response 3.5
The commenter states that 2030 General Plan Policies NR-9.4, -9.5, and -9.6 are enforceable only by recommending standard conditions of approval that are consistent with APCD Rules 50, Opacity, Rule 51, Nuisance, and Rule 55, Fugitive Dust. They then provide a copy of the standard template for this condition and recommend that it be used for all development projects carried out under the proposed project that will have construction operations and related air emissions.
It is not clear why these policies from the 2030 General Plan would only be enforceable by recommending the commenter’s standard conditions of approval. Policy NR-9.6 requires the City to evaluate development project applications using the procedures and thresholds established in the most recent version of the Ventura County Air Quality Assessment Guidelines as published by the VCAPCD and ensure that projects incorporate all applicable construction and operation mitigation measures contained therein. Committing the City to applying a standard condition of approval to future development carried out under the proposed project at this time is neither necessary nor appropriate, given that the details of future development at specific sites, its potential impacts, and necessary mitigation measures and other conditions of approval, are more appropriately determined at the time of development review when potential impacts may be more accurately determined. As stated in impact discussion 3a.b. in Section 3, Air Quality of the IS-MND, all projects would be required to conform to local, State, and federal regulations governing air quality. These regulations may change over time. The City will evaluate how to best condition future project to comply with VCAPCD regulations when reviewing these future projects, on a case-by-case basis.
Response 3.6
The commenter states that the statement on page 84 of the IS-MND that “GHG emissions are air pollutants subject to local control by the APCD” is incorrect, then goes on to say that “APCD does not have regulatory authority over GHGs, this is regulated by the California Air Resources Board (CARB).”
Since this statement is apparently inaccurate and not necessary for the analysis contained in this part of the IS-MND, the City will address this comment by removing this statement and the sentence following it from the Final IS-MND, as shown below:
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GHG emissions are air pollutants 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, VCAPCD staff prepared a report entitled Greenhouse Gas Thresholds of Significance Options for Land Use Development Projects in Ventura County to establish the options for GHG significance thresholds.
Response 3.7
The commenter states that the VCAPCD strongly advises consideration of proximity of proposed housing to high traffic roads, and that the CARB has recommended a buffer distance of 500 feet between sensitive land uses and sources of Toxic Air Contaminants (TACs) such as high quality transit corridors. They also point out that the IS-MND states that the 2021-2029 Housing Element would facilitate housing in the city limits and particularly along transportation corridors, including SR 118 and arterial roads such as Los Angeles Avenue.
Impact discussion c in Section 3, Air Quality of the IS-MND evaluates the proposed project’s potential to expose sensitive receptors to substantial pollutant concentrations. It found that individual projects would undergo project-specific City review to determine if nearby uses would expose residential uses to source pollutants in excessive amounts, and adherence to City regulations and General Plan goals and policies would reduce impacts to a less than significant level. The details of future development at specific sites, its potential impacts, and necessary mitigation measures and other conditions of approval, are more appropriately determined at the time of development review when potential impacts may be more accurately determined. The City appreciates the commenter’s input on this topic and will evaluate future projects for their potential to expose sensitive receptors to localized pollutant concentrations when reviewing future projects, on a case- by-case basis, through the development review process and, if applicable, under CEQA.
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State of California – Natural Resources Agency GAVIN NEWSOM, Governor DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director South Coast Region
3883 Ruffin Road
San Diego, CA 92123
(858) 467-4201
www.wildlife.ca.gov
September 23, 2021
Mrs. Monica Dionne
City of Simi Valley
2929 Tapo Road
Simi Valley, CA 93063
[email protected]
Subject: Mitigated Negative Declaration for the City of Simi Valley General Plan Amendment to Update the Housing Element for the 2021-2029 Planning Period (GPA-2021-0001), SCH No. 2021080508, Ventura County
Dear Mrs. Dionne:
The California Department of Fish and Wildlife (CDFW) has reviewed the Mitigated Negative Declaration (MND) for the City of Simi Valley’s (City) General Plan Amendment to Update the Housing Element for the 2021-2029 Planning Period (GPA-2021-0001) Project (Project). Thank you for the opportunity to provide comments and recommendations regarding those activities detailed in the Project that may affect California fish and wildlife. Likewise, we appreciate the opportunity to provide comments regarding those aspects of the Project that CDFW, by law, may be required to carry out or approve through the exercise of its own regulatory authority under the Fish & Game Code. CDFW understands that future development projects may be tiered off this environmental document. Future development projects, as detailed in the General Plan, will be collectively referred to as “Projects” or “Project(s).” This is not to say that each comment below is relevant to each of the Projects discussed in the General Plan, but that the comments listed below should be considered when a specified project may impact any of the biological resources discussed below.
CDFW’s Role
CDFW is California’s Trustee Agency for fish and wildlife resources and holds those resources in trust by statute for all the people of the State [Fish & Game Code, §§ 711.7, subdivision (a) & 1802; Public Resources Code, § 21070; California Environmental Quality Act (CEQA) Guidelines, § 15386, subdivision (a)]. CDFW, in its trustee capacity, has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species (Id., § 1802). Similarly, for purposes of CEQA, CDFW is charged by law to provide, as available, biological expertise during public agency environmental review efforts, focusing specifically on projects and related activities that have the potential to adversely affect State fish and wildlife resources.
CDFW is also submitting comments as a Responsible Agency under CEQA (Public Resources Code, § 21069; CEQA Guidelines, § 15381). CDFW expects that it may need to exercise regulatory authority as provided by the Fish & Game Code, including lake and streambed alteration regulatory authority (Fish & Game Code, § 1600 et seq.). Likewise, to the extent implementation of the Project as proposed may result in “take”, as defined by State law, of any DocuSign Envelope ID: B15DE660-B738-4B71-A1F4-CCB530CA5562 19 825
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species protected under the California Endangered Species Act (CESA) (Fish & Game Code, § 2050 et seq.), or State-listed rare plant pursuant to the Native Plant Protection Act (NPPA; Fish & Game Code, §1900 et seq.), CDFW recommends the Project proponent obtain appropriate authorization under the Fish & Game Code, as necessary.
Project Description and Summary
Objective: The Project involves a comprehensive update to the 2013-2021 Housing Element (Chapter four) of the City’s General Plan. The Housing Element of the General Plan addresses the Cities approach to community development, safety, environmental justice, and map amendments/zone changes. To comply with State law, the City's Housing Element must be updated every eight years to ensure the City's policies and programs can accommodate estimated housing growth allocation identified by the State-determined Regional Housing Needs Assessment. The Housing Element will address how the City will meet its housing needs, including provision of adequate housing for residents of all income levels.
Location: City of Simi Valley (Citywide), Ventura County.
Comments and Recommendations
CDFW offers the comments and recommendations below to assist the City in adequately identifying, avoiding, and/or mitigating Projects (as detailed in the General Plan) significant, or potentially significant, direct and indirect impacts on fish and wildlife (biological) resources.
Additional comments or other suggestions may also be included to improve the document.
Comment #1: Impacts to Streams
Issue: CDFW is concerned that Projects may support streams subject to notification under Fish & Game code section 1600 et seq.
Specific impacts: Projects may result in the loss of streams and associated watershed function and biological diversity. Grading and construction activities will likely alter the topography and hydrology of streams.
Why impacts would occur: Ground disturbance activities (e.g., grading, filling, water diversions, and dewatering) would physically remove or otherwise alter existing streams or their function and associated riparian habitat. Downstream waters and associated biological resources beyond a Project(s) development footprint may also be impacted by Project(s) related releases of sediment and altered watershed effects.
Evidence impacts would be significant: Projects may substantially adversely affect the existing stream pattern of the site through the alteration or diversion of a stream, which absent specific mitigation, could result in substantial erosion or siltation on-site or off-site.
Recommended Potentially Feasible Mitigation Measure(s):
Mitigation Measure #1: Projects may result in the alteration of streams. For any such activities, the Project(s) applicant (or “entity”) must provide written notification to CDFW pursuant to section 1600 et seq. of the Fish & Game Code. Based on this notification and other information, DocuSign Envelope ID: B15DE660-B738-4B71-A1F4-CCB530CA5562 20 826
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CDFW determines whether a Lake and Streambed Alteration (LSA) Agreement with the applicant is required prior to conducting the proposed activities. An LSA notification package may be obtained by accessing CDFW’s web site at
https://wildlife.ca.gov/Conservation/Environmental-Review/EPIMS.
CDFW’s issuance of an LSA Agreement for Project(s) that are subject to CEQA will require CEQA compliance actions by CDFW as a Responsible Agency. As a Responsible Agency, CDFW may consider the CEQA document of the Lead Agency for a Project(s). To minimize additional requirements by CDFW pursuant to section 1600 et seq. and/or under CEQA, project specific CEQA documents should fully identify the potential impacts to the stream or riparian resources and provide adequate avoidance, mitigation, monitoring and reporting commitments for issuance of the LSA Agreement.
Recommendation #1: Any LSA Agreement issued for Projects by CDFW may include additional measures protective of streambeds on and downstream of the Project(s). The LSA Agreement may include further erosion and pollution control measures. To compensate for any on-site and off-site impacts to riparian resources, additional mitigation conditioned in an LSA Agreement may include the following: avoidance of resources; on-site or off-site habitat creation, enhancement, or restoration; and/or protection and management of mitigation lands in perpetuity.
Comment #2: Impacts to Special-Status Plant Species
Issue #1: Collectively, the Projects may result in a significant cumulative impact to special- status plants and habitat communities.
Issue #2: The Projects may contribute to increased habitat fragmentation and loss of native habitats.
Specific impact: CDFW considers plant communities, alliances, and associations with a statewide ranking of S1, S2, S3, and S4 as sensitive and declining at the local and regional level (Sawyer et al. 2008). An S3 ranking indicates there are 21-80 occurrences of this community in existence in California, S2 has 6-20 occurrences, and S1 has less than 6 occurrences. The Projects may have direct or indirect effects to these sensitive species.
Why impact would occur: The implementation of Projects may include grading, vegetation clearing for construction, road maintenance, and other activities that may result in direct mortality, population declines, or local extirpation of sensitive plant species and habitat fragmentation.
Evidence impact would be significant: Impacts to special-status plant species should be considered significant under CEQA unless they are clearly mitigated below a level of significance. Inadequate avoidance, minimization, and mitigation measures for impacts to these sensitive plant species will result in a Project(s) continuing to have a substantial adverse direct, indirect, and cumulative 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 CDFW or U.S. Fish & Wildlife Service (USFWS). Additionally, plants that have a California Native Plant Society (CNPS) California Rare Plant Rank (CRPR) of 1A, 1B, 2A, and 2B are rare throughout their range, endemic to California, and are seriously or DocuSign Envelope ID: B15DE660-B738-4B71-A1F4-CCB530CA5562 21 827
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moderately threatened in California. All plants constituting CRPR 1A, 1B, 2A, and 2B meet the definitions of CESA and are eligible for State listing. Impacts to these species or their habitat must be analyzed during preparation of environmental documents relating to CEQA, as they meet the definition of rare or endangered (CEQA Guidelines, § 15380). Please see CNPS Rare Plant Ranks website (https://www.cnps.org/rare-plants/cnps-rare-plant-ranks) for additional rank definitions.
Recommended Potentially Feasible Mitigation Measure(s):
Mitigation Measure #1: CDFW recommends including avoidance, minimization, and/or mitigation measure language articulating the need to perform focused surveys for sensitive/rare plants on-site and disclosing the results prior to the implementation of Projects. Based on the Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities (CDFW, 2018)
(https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=18959), a qualified biologist should “conduct surveys in the field at the time of year when species are both evident and identifiable.
Usually this is during flowering or fruiting.” Final CEQA documentation, for a specified Project(s), should provide a thorough discussion on the presence/absence of sensitive plants on-site and identify measures to protect sensitive plant communities from Project-related direct and indirect impacts.
Mitigation Measure #2: In 2007, the State Legislature required CDFW to develop and maintain a vegetation mapping standard for the state (Fish & Game Code, § 1940). This standard complies with the National Vegetation Classification System, which utilizes alliance and association-based classification of unique vegetation stands. CDFW utilizes vegetation descriptions found in the Manual of California Vegetation (MCV), found online at http://vegetation.cnps.org/. To determine the rarity ranking of vegetation communities on a specific Project site(s), the MCV alliance/association community names should be provided as CDFW only tracks rare natural communities using this classification system.
Mitigation Measure #3: CDFW recommends the General Plan be conditioned to provide mitigation ratios ranging from 5:1 – 10:1 (depending on the sensitivity of the species). This should be for the number of plants replaced to number impacted, including acres of habitat created to acres of habitat impacted. Rare plants are habitat specialists that require specific conditions to persist such as vegetation composition (species abundance, diversity, cover), soils, substrate, slope, hydrology, and pollinators. Accordingly, mitigation for impacts to rare plants should also include habitat.
Mitigation Measure #4: The General Plan should provide species-specific measures for on-site mitigation. Each species-specific mitigation plan should adopt an ecosystem-based approach and be of sufficient detail and resolution to describe the following at a minimum: 1) identify the impact and level of impact (e.g., acres or individual plants/habitat impacted); 2) location of on- site mitigation and adequacy of the location(s) to serve as mitigation; 3) assessment of appropriate reference sites; 4) scientific [Genus and species (subspecies/variety if applicable)] of plants being used for restoration; 5) location(s) of propagule source; 6) species-specific planting methods (i.e., container or seed); 7) measurable goals and success criteria for establishing self-sustaining populations (e.g. percent survival rate, absolute cover); 8) long-term monitoring, and; 9) adaptive management techniques.
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Recommendation #1: CDFW recommends the City perform a Regional Landscape Interconnectivity Assessment and incorporate the findings into the General Plan to avoid habitat fragmentation.
Comment #3: Survey Protocols for Special-Status Wildlife
Issue: Projects proposed to occur within the geographical limits of the Project(s) may impact special-status species.
Specific impacts: Several special-status-species may occur on or within the vicinity of Projects.
Without recent protocol surveys, these species may be directly or indirectly impacted. Projects may remove suitable and indirect effects such as noise, dust, and artificial lighting may also adversely impact special status species.
Why impacts would occur: Project(s)-activities have the potential to impact special status wildlife species, which have been documented to occur in the region (CDFW 2021). Protocol surveys are necessary to identify listed species and supporting habitat necessary for their survival.
Evidence impact would be significant: Ground-clearing and construction-activities could lead to the direct mortality of a listed species or Species of Special Concern (SSC). The loss of occupied habitat could yield a loss of foraging potential, nesting sites, basking sites, or refugia and would constitute a significant impact absent appropriate mitigation. CDFW considers impacts to CESA-listed and SSC a significant direct and cumulative adverse effect without implementing appropriate avoidance and/or mitigation measures.
Recommended Potentially Feasible Mitigation Measure(s):
CDFW recommends that Projects follow appropriate survey protocol for a given species. The survey(s) should be performed based on the species found, or likely to occur, on a respective Project site(s).
The following mitigation measures are suggested for impacts to special-status reptiles:
Mitigation Measure #1: To mitigate impacts to special-status reptiles, CDFW recommends focused surveys for species likely to occur within a Project(s) area. Surveys should typically be scheduled during the summer months (June and July) when these animals are most likely to be encountered. To achieve 100 percent visual coverage, CDFW recommends surveys be conducted with parallel transects at approximately 20 feet apart and walked on-site in appropriate habitat suitable for each species. Suitable habitat consists of areas of sandy, loose, and moist soils, typically under the sparse vegetation of scrub, chaparral, and within the duff of oak woodlands.
Mitigation Measure #2: In consultation with a qualified biologist familiar with the life history of the respective reptile, a relocation plan (Plan) should be developed. The Plan should include, but not be limited to, the timing and location of the surveys that will be conducted for the species, identify the locations where more intensive survey efforts will be conducted (based on high habitat suitability); identify the habitat and conditions in any proposed relocation site(s); the methods that will be utilized for trapping and relocating the individuals; and the DocuSign Envelope ID: B15DE660-B738-4B71-A1F4-CCB530CA5562 23 829
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documentation/recordation of the number of animals relocated. CDFW recommends the City coordinate with CDFW and/or U.S. Fish and Wildlife Service (USFWS) prior to any ground disturbing activities within potentially occupied habitat.
The following mitigation measures are suggested for impacts to bats:
Mitigation Measure #1: The MND and/or subsequent CEQA documents should provide a discussion of potential impacts to bats, which may occur as a result from the construction and/or operation of Projects. The language should adequately disclose potential impacts and identify appropriate avoidance and mitigation measures.
Mitigation Measure #2: Measures to mitigate impacts to bats should include pre-construction surveys to detect species, use of bat roost installations, and preparation of a bat protection and relocation plan to be submitted to CDFW for approval prior to commencement of Project(s) activities, as necessary.
Comment #4: Monarch Butterfly
Issue: Project(s) activities have the potential to impact overwintering monarch butterflies (Danaus plexippus), which is an Endangered Species Act (ESA) candidate listed species and has been documented to occur in throughout the region (CDFW 2021).
Specific impact: Without appropriate avoidance and minimization measures for monarch butterflies, potential significant impacts associated with tree trimming, vegetation removal, and ground disturbance activities could occur. Potential impacts include roost destruction, inadvertent entrapment, reduced reproductive success, reduction in health and vigor of eggs and/or larvae, and direct mortality of individual monarchs.
Why impacts would occur: Project(s) activities have the potential to impact monarch butterflies, which have been documented to occur in the region. Protocol surveys are necessary to identify the presence of monarch butterflies and supporting habitat necessary for their survival. A lack of protocol surveys will likely result in avoidable, direct and/or indirect impacts to monarch butterflies.
Evidence impact would be significant: During the last decade, overwintering monarch populations have decline by nearly 90-percent (Jepsen et al, 2015). Habitat loss and fragmentation is among the primary threats to the population (USFWS 2020). Ground clearing and construction activities could exacerbate this issue and lead to the direct mortality of monarch butterflies. Habitat loss could lead to a loss of foraging potential, nesting sites, or refugia and would constitute a significant impact absent appropriate mitigation. CDFW considers impacts to rare species a significant direct and cumulative adverse effect without implementing appropriate avoidance and/or mitigation measures. Project(s) activities have the potential to significantly impact the species by reducing possible roosting habitat.
Recommended Potentially Feasible Mitigation Measure(s)
To evaluate potential impacts of the Project(s) to special-status species, CDFW recommends including the following mitigation measures and requiring them as conditions for Project(s) DocuSign Envelope ID: B15DE660-B738-4B71-A1F4-CCB530CA5562 24 830
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approval.
Mitigation Measure #1: Monarch Butterfly Habitat Assessment CDFW recommends that a qualified biologist conduct a habitat assessment, within 30 days of Project(s) implementation, to determine if the Project(s) area or its immediate vicinity contain habitat suitable to support monarchs.
Mitigation Measure #2: Monarch Butterfly Surveys
If suitable habitat is present, CDFW recommends assessing presence of monarchs by conducting protocol surveys consistent with USFWS recommendations (see www.fs.fed.us/wildflowers/pollinators/monarch_butterfly/documents/monarch- monitoring_en.pdf).
Mitigation Measure #3: Monarch Butterfly Take Avoidance If monarch butterflies are detected within or in the vicinity of Project(s) areas, The City will consult CDFW and USFWS, prior to Project(s) implementation to discuss how to implement ground-disturbing activities and avoid take.
Comment #5: Impacts to Non-Game Mammals and Wildlife
Issue: Wildlife may move through Project(s) sites during the daytime or nighttime. CDFW is concerned that any wildlife potentially moving through or seeking temporary refuge on the Projects sites may be directly impacted during Project(s) activities and construction.
Specific impacts: Project(s) activities and construction-equipment may directly impact wildlife and birds moving through or seeking temporary refuge on site. This could result in wildlife and bird mortality. Furthermore, depending on the final fencing design, Projects may cumulatively restrict wildlife movement opportunity.
Why impacts would occur: Direct impacts to wildlife may occur from: ground disturbing activities (e.g., staging, access, excavation, grading); wildlife being trapped or entangled in construction materials and erection of restrictive fencing; and wildlife could be trampled by heavy equipment operating on Projects site(s).
Evidence impact would be significant: Mammals occurring naturally in California are considered non-game mammals and are afforded protection by State law from take and/or harassment (Fish & Game Code, § 4150; Cal. Code of Regs, § 251.1).
Recommended Potentially Feasible Mitigation Measure(s): CDFW recommends the following four mitigation measures to avoid and minimize direct impacts to wildlife during Project(s) construction and activities.
Mitigation Measure #1: If fencing is proposed for use during construction or during the life of the Project(s), fences should be constructed with materials that are not harmful to wildlife.
Prohibited materials include, but are not limited to, spikes, glass, razor, or barbed wire. Fencing should also be minimized so as not to restrict free wildlife movement through habitat areas.
Mitigation Measure #2: To avoid direct mortality, a qualified biological monitor should be on site prior to and during ground and habitat disturbing activities to move out of harm’s way DocuSign Envelope ID: B15DE660-B738-4B71-A1F4-CCB530CA5562 25 831
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special status species or other wildlife of low mobility that would be injured or killed by grubbing or Project(s)-related construction activities. Salvaged wildlife of low mobility should be removed and placed onto adjacent and suitable (i.e., species appropriate) habitat out of harm’s way.
It should be noted that the temporary relocation of on-site wildlife does not constitute effective mitigation for the purposes of offsetting Program impacts associated with habitat loss.
Mitigation Measure #3: Grubbing and grading should be done to avoid islands of habitat where wildlife may take refuge and later be killed by heavy equipment. Grubbing and grading should be done from the center of the Project(s) site, working outward towards adjacent habitat off site where wildlife may safely escape.
Additional Recommendations
Alternatives. CDFW recommends the City consider an alternative that would fully avoid or minimize impacts to streams, sensitive plants and wildlife.
Mitigation and Monitoring Reporting Plan. Per Public Resources Code section 21081.6(a)(1), CDFW has provided the City with a summary of our suggested mitigation measures and recommendations in the form of an attached Draft Mitigation and Monitoring Reporting Plan (MMRP; Attachment A). A final MMRP shall reflect results following additional plant and wildlife surveys and the Project’s final on and/or off-site mitigation plans.
Filing Fees
Projects, as proposed in the General Plan, would have an impact on fish and/or wildlife, and assessment of filing fees is necessary. Fees are payable upon filing of the Notice of Determination by the Lead Agency and serve to help defray the cost of environmental review by CDFW. Payment of the fee is required in order for the underlying Project approval to be operative, vested, and final. (Cal. Code Regs, tit. 14, § 753.5; Fish & Game Code, § 711.4; Pub.
Resources Code, § 21089).
Conclusion
We appreciate the opportunity to comment on the Project and to assist the City in adequately analyzing and minimizing/mitigating impacts to biological resources. CDFW requests an opportunity to review and comment on any response that the City has to our comments and to receive notification of any forthcoming hearing date(s) for the Project [CEQA Guidelines; § 15073(e)]. If you have any questions or comments regarding this letter, please contact Baron Barrera, Environmental Scientist, at [email protected] or (858) 354-4114.
Sincerely,
Erinn Wilson-Olgin
Environmental Program Manager I
South Coast Region
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ec: CDFW
Steve Gibson, Los Alamitos – [email protected] Baron Barrera, Los Alamitos – [email protected] Emily Galli, Fillmore – [email protected]
Susan Howell, San Diego – [email protected]
Cindy Hailey, San Diego – [email protected]
CEQA Program Coordinator, Sacramento – [email protected] State Clearinghouse, Office of Planning and Research – [email protected] Chris Delith, United States Fish & Wildlife Service – [email protected] Irma Muñoz, Santa Monica Mountains Conservancy – [email protected] Katherine Pease, Heal the Bay – [email protected]
Snowdy Dodson, Los Angeles/Santa Monica Mountains Chapter, California Native Plant Society – [email protected]
Frances Alet, The Calabasas Coalition - [email protected]
References:
California Department of Fish and Wildlife [CDFW]. March 20,2018. Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities (see https://www.wildlife.ca.gov/Conservation/Plants).
[CDFWb] California Department of Fish and Wildlife. 2020. Scientific Collecting Permit.
Available from: https://wildlife.ca.gov/Licensing/Scientific-Collecting#53949678
[CDFWc] California Department of Fish and Wildlife. 2021. Submitting Data to the CNDDB.
Available from: https://wildlife.ca.gov/Data/CNDDB/Submitting-Data
[CNPS] California Native Plant Society. 2020. Rare Plant ranks. Available from:
https://www.cnps.org/rare-plants/cnps-rare-plant-ranks.
[CNPS] California Native Plant Society. 1998. Statement Opposing Transplantation as Mitigation for Impacts to Rare Plants. Available from:
https://www.cnps.org/wpcontent/uploads/2018/04/transplanting2.pdf
Coop et al. 2020. Wildfire Driven Forest Conversion in Western North American Landscapes. Bioscience 70(8):659-673. Available from:
https://doi.org/10.1093/biosci/biaa061
Godefroid, S., et al. 2011. How successful are plant species reintroductions? Biological Conservation 144: 672-682.
Issac Brown Ecology Studio and Los Angeles Sanitation and Environment (LASAN). 2018. 2018 Biodiversity Report. County of Los Angeles. Measurement of the Singapore Index of Cities’ Biodiversity and Recommendations for a Customized Los Angeles Index.
Available from:
https://www.laCountysan.org/cs/groups/public/documents/document/y250/mdi0/~edisp/c nt024743.pdf
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Jepsen, S., D. F. Schweitzer, B. Young, N. Sears, M. Ormes, and S. H. Black. 2015.
Conservation Status and Ecology of Monarchs in the United States. 36pp.
NatureServe, Arlington, Virginia, and the Xerces Society for Invertebrate Conservation, Portland, Oregon.
Lucas, E. 2020. Recreation-related disturbance to wildlife in California – better planning for and management of recreation are vital to conserve wildlife in protected areas where recreation occurs. California Fish and Wildlife, Recreation Special Issue 2020: 29-51.
National Research Council. 1995. Science and the Endangered Species Act. Washington, DC:
The National Academies Press. https://doi.org/10.17226/4978.
Pelton, E., Jepsen, C. Schultz, C. Fallon, and S.H. Black. 2016. State of the Monarch Butterfly Overwintering Sites in California. 40+vi pp. Portland, Oregon: The Xerces Society for Invertebrate Conservation. www.xerces.org
Sawyer, J.O., Keeler Wolf, T., and Evens J.M. 2008. A manual of California Vegetation, 2nd ed.
ISBN 978 0 943460 49 9.
Thorne, J.H., Boyton, R.M., Holguin, A.J., Stewart, J.A.E., and Bjorkman, J. 2016. A climate change vulnerability assessment of California’s terrestrial vegetation. Final Report to:
California Department of Fish and Wildlife. Information Center for the Environment University of California, Davis. Available from:
https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=116208&inline
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State of California – Natural Resources Agency GAVIN NEWSOM, Governor DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director South Coast Region
3883 Ruffin Road
San Diego, CA 92123
(858) 467-4201
www.wildlife.ca.gov
Attachment A: Draft Mitigation and Monitoring Reporting Plan
CDFW recommends the following language to be incorporated into a future environmental document for the Project. A final MMRP shall reflect results following additional plant and wildlife surveys and the Project’s final on and/or off-site mitigation plans.
Biological Resources (BIO)
Mitigation Measure (MM) or Recommendation (REC) Timing Responsible Party Mitigation
Measure #1 -
Impacts to
Streams
Projects may result in the alteration of streams. For any such activities, the Project(s) applicant (or “entity”) must provide written notification to CDFW pursuant to section 1600 et seq. of the Fish & Game Code. Based on this notification and other information, CDFW determines whether a Lake and Streambed Alteration (LSA) Agreement with the applicant is required prior to conducting the proposed activities. An LSA notification package may be obtained by accessing CDFW’s web site at
https://wildlife.ca.gov/Conservation/Environmental-Review/EPIMS.
CDFW’s issuance of an LSA Agreement for Project(s) that are subject to CEQA will require CEQA compliance actions by CDFW as a Responsible Agency. As a Responsible Agency, CDFW may consider the CEQA document of the Lead Agency for a Project(s).
To minimize additional requirements by CDFW pursuant to section 1600 et seq. and/or under CEQA, project specific CEQA
documents should fully identify the potential impacts to the stream or riparian resources and provide adequate avoidance, mitigation, Prior to
Project
construction
and activities
Lead Agency/
Applicant
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monitoring and reporting commitments for issuance of the LSA Agreement.
Mitigation
Measure #2 -
Impacts to
Streams
Any LSA Agreement issued for Projects by CDFW may include additional measures protective of streambeds on and downstream of the Project(s). The LSA Agreement may include further erosion and pollution control measures. To compensate for any on-site and off-site impacts to riparian resources, additional mitigation conditioned in an LSA Agreement may include the following:
avoidance of resources; on-site or off-site habitat creation, enhancement, or restoration; and/or protection and management of mitigation lands in perpetuity.
Prior to
Project
construction
and activities
Lead Agency/
Applicant
Mitigation
Measure #3 -
Impacts to
Sensitive or
Special Status
Plant Species
CDFW recommends including avoidance, minimization, and/or mitigation measure language articulating the need to perform focused surveys for sensitive/rare plants on-site and disclosing the results prior to the implementation of Projects. Based on the Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities (CDFW, 2018) (https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=18959), a qualified biologist should “conduct surveys in the field at the time of year when species are both evident and identifiable. Usually this is during flowering or fruiting.” Final CEQA documentation, for a specified Project, should provide a thorough discussion on the presence/absence of sensitive plants on-site and identify measures to protect sensitive plant communities from Project(s)- related direct and indirect impacts.
Prior to
Project
construction
and activities
Lead Agency/
Applicant
Mitigation
Measure #4 -
Impacts to
Sensitive or
Special Status
Plant Species
In 2007, the State Legislature required CDFW to develop and maintain a vegetation mapping standard for the state (Fish & Game Code, § 1940). This standard complies with the National Vegetation Classification System, which utilizes alliance and association-based classification of unique vegetation stands.
CDFW utilizes vegetation descriptions found in the Manual of California Vegetation (MCV), found online at
Prior to
Project
construction
and activities
Lead Agency/
Applicant
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http://vegetation.cnps.org/. To determine the rarity ranking of vegetation communities on a specific Project site(s), the MCV alliance/association community names should be provided as CDFW only tracks rare natural communities using this
classification system.
Mitigation
Measure #5 -
Impacts to
Sensitive or
Special Status
Plant Species
CDFW recommends the General Plan be conditioned to provide mitigation ratios ranging from 5:1 – 10:1 (depending on the sensitivity of the species). This should be for the number of plants replaced to number impacted, including acres of habitat created to acres of habitat impacted. Rare plants are habitat specialists that require specific conditions to persist such as vegetation composition (species abundance, diversity, cover), soils, substrate, slope, hydrology, and pollinators. Accordingly, mitigation for impacts to rare plants should also include habitat.
Prior to
Project
construction
and activities
Lead Agency/
Applicant
Mitigation
Measure #6 -
Impacts to
Special Status
Plant Species
The General Plan should provide species-specific measures for on-site mitigation. Each species-specific mitigation plan should adopt an ecosystem-based approach and be of sufficient detail and resolution to describe the following at a minimum: 1) identify the impact and level of impact (e.g., acres or individual plants/habitat impacted); 2) location of on-site mitigation and adequacy of the location(s) to serve as mitigation; 3) assessment of appropriate reference sites; 4) scientific [Genus and species (subspecies/variety if applicable)] of plants being used for restoration; 5) location(s) of propagule source; 6) species-specific planting methods (i.e., container or seed); 7) measurable goals and success criteria for establishing self-sustaining populations (e.g. percent survival rate, absolute cover); 8) long-term monitoring, and; 9) adaptive management techniques.
Prior to
Project
construction
and activities
Lead Agency/
Applicant
Mitigation
Measure #7 -
Impacts to
Special Status
Plant Species
CDFW recommends the City perform a Regional Landscape
Interconnectivity Assessment and incorporate the findings into the General Plan for the purpose of avoiding habitat fragmentation.
Prior to
Project
construction
and activities
Lead Agency/
Applicant
DocuSign Envelope ID: B15DE660-B738-4B71-A1F4-CCB530CA5562 31 837
1076
Mrs. Monica Dionne
City of Simi Valley
September 23, 2021
Mitigation
Measure #8 -
Impacts to
Special Status
Reptiles
To mitigate impacts to special-status reptiles, CDFW recommends focused surveys for species likely to occur within a Project(s) area.
Surveys should typically be scheduled during the summer months (June and July) when these animals are most likely to be encountered. To achieve 100 percent visual coverage, CDFW recommends surveys be conducted with parallel transects at approximately 20 feet apart and walked on-site in appropriate habitat suitable for each species. Suitable habitat consists of areas of sandy, loose, and moist soils, typically under the sparse vegetation of scrub, chaparral, and within the duff of oak woodlands.
Prior to
Project
construction
and activities
Lead Agency/
Applicant
Mitigation
Measure #9 -
Impacts to
Special Status
Plant Species
In consultation with a qualified biologist familiar with the life history of the respective reptile, a relocation plan (Plan) should be developed. The Plan should include, but not be limited to, the timing and location of the surveys that will be conducted for the species, identify the locations where more intensive survey efforts will be conducted (based on high habitat suitability); identify the habitat and conditions in any proposed relocation site(s); the methods that will be utilized for trapping and relocating the individuals; and the documentation/recordation of the number of animals relocated. CDFW recommends the City coordinate with CDFW and/or U.S. Fish and Wildlife Service (USFWS) prior to any ground disturbing activities within potentially occupied habitat.
Prior to
Project
construction
and activities
Lead Agency/
Applicant
Mitigation
Measure #10 -
Impacts to Bats
The MND and/or subsequent CEQA documents should provide a discussion of potential impacts to bats, which may occur as a result from the construction and/or operation of Projects. The language should adequately disclose potential impacts and identify appropriate avoidance and mitigation measures.
Prior to
Project
construction
and activities
Lead Agency/
Applicant
Mitigation
Measure #11 -
Impacts to Bats
Measures to mitigate impacts to bats should include pre- construction surveys to detect species, use of bat roost installations, and preparation of a bat protection and relocation plan to be submitted to CDFW for approval prior to
commencement of Project(s) activities, as necessary.
Prior to
Project
construction
and activities
Lead Agency/
Applicant
DocuSign Envelope ID: B15DE660-B738-4B71-A1F4-CCB530CA5562 32 838
1077
Mrs. Monica Dionne
City of Simi Valley
September 23, 2021
Mitigation
Measure #12 -
Impacts to
Monarch
Butterflies
CDFW recommends that a qualified biologist conduct a habitat assessment, well in advance of Project(s) implementation, to determine if the Project(s) area or its immediate vicinity contain habitat suitable to support monarchs.
Prior to
Project
construction
and activities
Lead Agency/
Applicant
Mitigation
Measure #13 -
Impacts to
Monarch
Butterflies
If suitable habitat is present, CDFW recommends assessing presence of monarchs by conducting surveys following
recommended protocols or protocol-equivalent surveys.
Recommended protocols vary by species.
Prior to
Project
construction
and activities
Lead Agency/
Applicant
Mitigation
Measure #14 -
Impacts to
Monarch
Butterflies
Detection of special-status species within or in the vicinity of the Project(s) area, warrants consultation with CDFW and U.S. Fish and Wildlife Service (USFWS) to discuss how to implement ground-disturbing activities and avoid take
Prior to
Project
construction
and activities
Lead Agency/
Applicant
Mitigation
Measure #15 -
Impacts to Non-
Game Mammals
If fencing is proposed for use during construction or during the life of the Project, fences should be constructed with materials that are not harmful to wildlife. Prohibited materials include, but are not limited to, spikes, glass, razor, or barbed wire. Fencing should also be minimized so as not to restrict free wildlife movement through habitat areas.
Prior to/After
Project
construction
and activities
Lead Agency/
Applicant
Mitigation
Measure #16 -
Impacts to Non-
Game Mammals
To avoid direct mortality, a qualified biological monitor should be on site prior to and during ground and habitat disturbing activities to move out of harm’s way special status species or other wildlife of low mobility that would be injured or killed by grubbing or Project(s)-related construction activities. Salvaged wildlife of low mobility shall be removed and placed onto adjacent and suitable (i.e., species appropriate) habitat out of harm’s way. It should be noted that the temporary relocation of on-site wildlife does not constitute effective mitigation for the purposes of offsetting Program impacts associated with habitat loss.
Prior to/After
Project
construction
and activities
Lead Agency/
Applicant
DocuSign Envelope ID: B15DE660-B738-4B71-A1F4-CCB530CA5562 33 839
1078
Mrs. Monica Dionne
City of Simi Valley
September 23, 2021
Mitigation
Measure #17 -
Impacts to Non-
Game Mammals
Grubbing and grading should be done to avoid islands of habitat where wildlife may take refuge and later be killed by heavy equipment. Grubbing and grading should be done from the center of the Project(s) site, working outward towards adjacent habitat off site where wildlife may safely escape.
Prior to/After
Project
construction
and activities
Lead Agency/
Applicant
DocuSign Envelope ID: B15DE660-B738-4B71-A1F4-CCB530CA5562 34 840
1079
City of Simi Valley
GPA-2021-0001: Draft Housing Element Update
for the 2021-2029 Planning Period Responses to Comments on the Draft IS-MND
Letter 4
COMMENTER: Erinn Wilson-Olgin, Environmental Program Manager I, South Coast Region, Department of Fish and Wildlife, State of California Natural Resources Agency DATE: September 23, 2021
Response 4.1
After an introductory paragraph thanking the City for the opportunity to comment on the proposed project, CDFW explains its authority and role relative to the proposed project (including the fact that it is a trustee agency for fish and wildlife resources and is also submitting its comments as a responsible agency under CEQA) and then summarizes the project. CDFW notes in this introductory section that “This is not to say that each comment below is relevant to each of the Projects discussed in the General Plan, but that the comments listed below should be considered when a specified project may impact any of the biological resources discussed below.” The commenter states that they are concerned that “Projects” (that is, future development carried out under the proposed project) may support streams subject to notification under Fish & Game code section 1600 et seq, and that these Projects may result in the loss of streams and associated watershed function and biological diversity, with grading and construction activities likely altering the topography and hydrology of streams. They then explain that this may occur through direct physical alteration of streams or through downstream effects from Project-related ground disturbance activities and recommend mitigation measures and make other recommendations to address this potential impact.
As explained in impact discussion 10c.(iii) and 10c.(iv) of Section 10, Hydrology and Water Quality of the IS-MND, most areas where land use changes or new development could occur under the proposed project would generally result in infill development or redevelopment. As such, implementation of the proposed project would not result in new development that would substantially alter drainage patterns because these areas are already developed with existing uses and impervious surfaces. However, development of land that may currently be vacant and covered with permeable surfaces, such as bare soil or vegetation, may occur, including in the Walnut Hills Opportunity Area and the Heyneman Lane Opportunity Area, and natural drainage courses may be altered or affected in these areas. This impact discussion then cites various 2030 General Plan policies applicable to future development requiring preparation of a SUSMP, implementation of BMPs, incorporation of stormwater detention facilities, design of drainage facilities to minimize adverse effects on water quality, and minimization of increases in impervious areas; and explains that these policies would reduce the volume of runoff generated from development sites. It then states that, if development proposes changes to drainages, this would occur in compliance with CDFW Streambed Alteration regulations in order to maintain drainage patterns. The determination of whether or not future development would change drainages and be subject to applicable CDFW regulations would be made during the City’s development review process and, when applicable, compliance with applicable City and CDFW policies, standards, and regulations would also be ensured through the City’s development review process and CDFW involvement if required. This would in turn ensure compliance with the CDFW standards and regulations described in their comment letter. Including mitigation measures in this IS-MND for this impact that would apply to future development carried out under the proposed project is therefore neither necessary nor appropriate, given that the details of future development at specific sites, and its potential impacts, 35 841
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City of Simi Valley
GPA-2021-0001: Draft Housing Element Update
for the 2021-2029 Planning Period Responses to Comments on the Draft IS-MND
are more appropriately determined at the time of development review when potential impacts may be more accurately determined.
Response 4.2
The commenter states that, collectively, future development carried out under the proposed project may result in a significant cumulative impact to special status plants and habitat communities, and increased habitat fragmentation and loss of native habitats, from activities such as grading, vegetation clearing for construction, and road maintenance. They then recommend a variety of potentially feasible mitigation measures to address this potential impact.
As explained in impact analysis a of Section 4, Biological Resources of the IS-MND, there are many goals and policies in the 2030 General Plan that are designed to avoid impacts to the unique sensitive biological resources in the planning area. These include Policy NR-2.6, which requires assessment by a qualified professional for development applications that may adversely affect sensitive biological or wetland resources, including occurrences of special-status species, occurrences of sensitive natural communities, and important wildlife areas and movement corridors. Furthermore, the Opportunity Areas proposed in the 2021-2029 Housing Element consist mostly of infill development in areas already developed with urban uses, and they are generally located away from riparian and other sensitive habitats. This impact analysis then finds that Adherence with the 2030 General Plan goals and policies would minimize impacts from potential direct effects to special status species, as they would ensure development in the Opportunity Areas would avoid or mitigate impacts to environmentally sensitive areas, thus protecting sensitive species, except on undeveloped parcels or parcels with mature trees and nesting bird habitat, where Mitigation Measure BIO-1, Pre-Construction Biological Survey and Mitigation Measure BIO-2, Nesting Bird Protection are required; and in the Walnut Hills and Heyneman Lane Opportunity Areas, where mitigation measures BIO-3 through BIO-9 are required to protect biological resources found to be likely to occur and be affected in those areas. The conclusion of the IS-MND that compliance with the policies, regulations, and mitigation measures cited and incorporated into the IS-MND would reduce potential impacts to biological resources to a less than significant level remains valid. The City will consider applying CDFW's recommended mitigation measures and other recommendations to future development projects on a case-by-case basis depending on their environmental setting and potential to impact special status species or sensitive habitats.
Response 4.3
The commenter states that future development carried out under the proposed project may impact special status species. They then recommend that future development be required to follow appropriate survey protocols for a given species, and mitigation measures for special status reptiles and bats.
As explained in Response 4.2, potential impacts to special status species have already been adequately analyzed, at the appropriate level of detail for the proposed project, in the IS-MND. The 2030 General Plan includes goals and policies designed to avoid impacts to the unique sensitive biological resources in the planning area, including Policy NR-2.6, which requires assessment by a qualified professional for development applications that may adversely affect sensitive biological or wetland resources, including occurrences of special-status species, occurrences of sensitive natural communities, and important wildlife areas and movement corridors. The IS-MND also includes mitigation measures to assess the potential for impacts to special status species and avoid these 36 842
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City of Simi Valley
GPA-2021-0001: Draft Housing Element Update
for the 2021-2029 Planning Period Responses to Comments on the Draft IS-MND
impacts. For example, Mitigation Measure BIO-1 requires pre-construction biological surveys for projects proposed on undeveloped lots; Mitigation Measure BIO-2 requires nesting bird surveys if construction requires any vegetation trimming or tree removal during the nesting bird season, and protection measures if nests are found; and mitigation measures BIO-3 through BIO-9 include various requirements to protect biological resources found to be likely to occur and be affected in the Walnut Hills and Heyneman Lane Opportunity Areas. The City will consider applying CDFW's recommended mitigation measures and other recommendations to future development projects on a case-by-case basis depending on the environmental setting of these projects and their potential to impact special status species or sensitive habitats.
Response 4.4
The commenter states that future development carried out under the proposed project has the potential to impact overwintering monarch butterflies (Danaus plexippus), which is an Endangered Species Act candidate listed species and has been documented to occur throughout the region. They then recommend mitigation measures for monarch butterflies to be applied to future development.
As explained in responses 4.2 and 4.3, 2030 General Plan goals and policies, as well as mitigation measures already included in the IS-MND, would apply to future development and ensure that potential impacts to special status species such as monarch butterflies would be properly assessed and addressed at the time future development is proposed, when potential impacts of future projects can be most accurately determined. The City will consider applying CDFW's recommended potentially feasible mitigation measures for monarch butterflies to future development projects on a case-by-case basis depending on the environmental setting of these projects and their potential to impact monarch butterflies.
Response 4.5
The commenter expresses concern that future development carried out under the proposed project may directly impact wildlife potentially moving through or seeking temporary refuge on individual project sites. They then recommend mitigation measures and additional recommendations to address this potential impact.
As explained in responses 4.2 through 4.4, 2030 General Plan goals and policies, as well as mitigation measures already included in the IS-MND, would apply to future development and ensure that potential impacts to special status species would be properly assessed and addressed at the time future development is proposed, when potential impacts of future projects can be most accurately determined. The City will consider applying CDFW's recommended mitigation measures and other recommendations to future development projects on a case-by-case basis depending on the environmental setting of these projects and their potential impacts.
Response 4.6
The commenter recommends that the City consider an alternative to the proposed project that would fully avoid or minimize impacts to streams, sensitive plants, and wildlife. They also refer the City to a Mitigation Monitoring and Reporting Plan (MMRP) included with the comment letter.
As explained in responses 4.1, potential impacts to streams are already adequately analyzed in the IS-MND. Furthermore, under CEQA, Initial Studies are not required to perform alternative analyses as would be required for an Environmental Impact Report (EIR). The City appreciates CDFW 37 843
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City of Simi Valley
GPA-2021-0001: Draft Housing Element Update
for the 2021-2029 Planning Period Responses to Comments on the Draft IS-MND
providing their MMRP table as a reference for potential future City use. The City will consider applying CDFW's recommended mitigation measures and other recommendations to future development projects on a case-by-case basis depending on the environmental setting of these projects and their potential impacts.
Response 4.7
The commenter states that future development carried out under the proposed project will be subject to assessment of CDFW filing fees upon filing of Notices of Determination (NODs) for future projects.
The City acknowledges that future projects requiring NODs may be subject to CDFW filing fees.
38 844
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SupplementHousingElementccmtg10-25-21(cp)
CITY OF SIMI VALLEY
MEMORANDUM
October 25,
2021
TO: City Coun
cil
FROM: Departm
ent of Environmental Services
SUBJECT: PUBL
IC HEARING ON THE UPDATE OF THE SIMI VALLEY GENERAL
PLAN HOUSING ELEMENT FOR THE 2021-2029 PLANNING PERIOD
(GPA-2021-0001) AND INTERNAL CONSISTENCY UPDATES TO THE
GENERAL PLAN, INCLUDING LAND USE MAP AND ZONING MAP
AMENDMENTS (Z -S-2021-0005) AT SELECTED SITES, COMMUNITY
DEVELOPMENT AND SAFETY & NOISE CHAPTER UPDATES, AND A
MITIGATED NEGATIVE DECLARATION AND MITIGATION
MONITORING PLAN FOR THE SUBJECT REQUESTS; INTRODUCTION
OF AN ORDINANCE; ADOPTION OF A RESOLUTION
Subsequent t
o preparation of this staff report, the following revision was made to Chapter 8 of the Housing Element as identified below. Subsequent to the report’s distribution, the below correspondence was received.
1. The Fire H
azard Map on page 8- 19 of Exhibit 4 (Safety and Noise Chapter) has been amended to reflect the Fire Hazard Severity Zones surr ounding the Simi Valley City Limits. The updated map will be incorporated into the final approved document.
2. City of
Simi Valley Council on Aging Memorandum dated October 14, 2021 for recommendations to consider on the proposed Housing Element.
3. Email corr
espondences regarding the agenda item from Roshawn Helmandi; Bill and Joy Lomenick; Mike Beautz.
4. Correspondence
from Residents living on or near Leeds Street and Stearns Street.
Attachmen
ts: Updated Fire Hazard Map
Council on Aging Recommendations
Letter from Kathy (Heyneman) Messano dated 10/25/2021
Email from Roshawn Helmandi dated 10/25/2021
Email from Bill and Joy Lomenick dated 10/25/2021
Email from Mike Beautz dated 10/25/2021
Correspondence from residents living on or near Leeds Street and Stearns Street
__________________
__________________
Stratis Perros
Environmental Services Director
Prepared by: E
ric Chen, Associate Planner
SUPPLEMENTAL
AGENDA ITEM NO.
4B
1084
2 1085
3 1086
4 1087
5 1088
6 1089
7 1090
8 1091
9 1092
10 1093
11 1094
12 1095
13 1096
14 1097
15 1098
16 1099
HousingElementccmtg10-25-21(klk)
RESOLUTION NO. 2021-42
A RESOLUT
ION OF THE CITY COUNCIL OF THE CITY OF
SIMI VALLEY APPROVING GPA- 2021-0001 TO UPDATE
THE GENERAL PLAN HOUSING ELEMENT FOR THE 2021-
2029 PLANNING PERIOD; TO UPDATE THE COMMUNITY
DEVELOPMENT AND SAFETY & NOISE CHAPTERS OF
THE GENERAL PLAN; TO AMEND THE GENERAL PLAN
LAND USE MAP AMENDMENTS FOR SELECTED SITES;
ADOPTION OF THE MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING PLAN
FOR THE PROJECT; AND TO SUBMIT THE 2021 -2029
HOUSING ELEMENT TO THE CALIFORNIA DEPARTMENT
OF HOUSING AND COMMUNITY DEVELOPMENT
WHEREAS
, the City of Simi Valley has initiated an amendment to the General Plan (GPA -2021-0001) to update the Housing Element for the 2021- 2029 Planning Period, including several General Plan Land Use Map Amendments for real properties identified in Exhibit A attached hereto, and internal consistency updates to the General Plan (Community Development and Safety and Noise Chapters) and to authorize submittal of the 2021- 2029 Housing Element to the Department of Housing and Community Development (HCD); and
WHEREAS
, a Mitigated Negative Declaration (MND) was prepared for the project and advertised for public review from August 26, 2021 through September 24, 2021; and
WHEREAS
, on September 29, 2021, the Planning Commission
recommended approval of G PA-2021-0001, and the project’s Mitigated Negative Declaration and Mitigation Monitoring Plan; and
WHEREAS
, on October 25, 2021, the City Council held a duly -noticed public hearing and considered all evidence and testimony presented.
NOW, THERE
FORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY
DOES RESOLVE AS FOLLOWS:
SECTION 1. The findings for the Mitigated Negative Declaration, contained in the City Council Staff Report dated October 25, 2021, incorporated herein by reference, are hereby adopted.
SECTION 2. The project’s Mitigated Negative Declaration contained in the City Council staff report dated October 25, 2021 prepared for GPA -2021-0001, and Mitigation Monitoring Plan attached hereto as Exhibit B are hereby adopted.
SECTION 3. The findings, for approval, for GPA -2021-0001, contained in the City Council staff report dated October 25 , 2021, and incorporated herein by reference, are hereby approved.
DocuSign Envelope ID: 94107146-7061-400A-959D-5E3F6747C148 1100
RES. NO. 2021-42
HousingElementccmtg10-25-21(klk)
SECTION 4 . General Plan Amendment No. 2021- 0001, to update the General Plan Housing Chapter (Housing Element), Community Development Chapter and Safety & Noise Chapter, contained in the October 25, 2021 City Council Staff Report, incorporated herein by reference, is hereby adopted and authorized to be submitted to the Department of Housing and Community Development;
SECTION 5
. General Plan Amendment No. 2021- 0001, to change the
General Plan Land Use Map to increase residential densities on properties identified in Exhibit A attached hereto and incorporated herein by reference, is hereby approved.
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.
SECTION 7
. 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 25th day of October 2021.
Attest:
Lucy Blanco, City Clerk Keith L. Mashburn, Mayor of the City of Simi Valley, California
Approved as to Form: Approved as to Content:
David L. Caceres, Interim City Attorney Brian Paul Gabler, City Manager
Stratis Perros
Environmental Services Director
2 DocuSign Envelope ID: 94107146-7061-400A-959D-5E3F6747C148 1101
RES. NO. 2021-42
CERTIFICATION
I, City Clerk of the City of Simi Valley, California, do hereby certify that the foregoing is a full, true, and correct copy of Resolution No. 2021-42 which was regularly introduced and adopted by the City Council of the City of Simi Valley, California, at a regular meeting thereof held on the 25
th day of October 2021, by the following vote of the
City Council:
AYES: Council Member s Litster, Luevanos, Judge, Mayor Pro Tem Cavanaugh and Mayor Mashburn
NAYS: None
ABSENT: None
ABSTAINED: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Simi Valley, California, dated ___________________.
Lucy Blanco
City Clerk
3 DocuSign Envelope ID: 94107146-7061-400A-959D-5E3F6747C148 October 26, 2021
1102
RES. NO.2021-42
EXHIBIT A
HousingElementccmtg10-25-21(klk)
General Plan Amendment No. GPA-2021-0001
The Simi Valley Official General Plan Land Use Map is hereby amended as follows:
A. General Plan Land Use Change from Residential High Density (10.1 – 20 du/ac) to Residential Very High Density (20.1 – 35 du/ac).
B. General Plan Land Use Change from Residential Very Low Density (0 – 2 du/ac) to Residential Very High Density (20.1 – 35 du/ac).
C. General Plan Land Use Change from Residential Moderate Density (5.1 – 10 du/ac) to Residential High Density (10.1 – 20 du/ac).
D. General Plan Land Use Change from Residential Very Low Density (0 – 2 du/ac) to Residential High Density (10.1 – 20 du/ac).
E. General Plan Land Use Change from Residential Very Low Density (0 – 2 du/ac) to Residential Moderate Density (5.1 – 10 du/ac)
APN
Symbol on Map Existing Land Use New Land Use
625-0-220-24 A High Density Very High Density
625-0-081-05 A High Density Very High Density
625-0-081-06 A High Density Very High Density
625-0-081-19 A High Density Very High Density
625-0-081-18 A High Density Very High Density
625-0-081-11 B Very Low Density Very High Density
618-0-080-69 C Moderate Density High Density
618-0-080-66 C Moderate Density High Density
618-0-080-72 C Moderate Density High Density
618-0-080-73 C Moderate Density High Density
618-0-080-65 C Moderate Density High Density
618-0-070-17 C Moderate Density High Density
625-0-075-06 D Very Low Density High Density
625-0-062-08 D Very Low Density High Density
625-0-062-09 D Very Low Density High Density
625-0-062-10 D Very Low Density High Density
625-0-062-11 D Very Low Density High Density
625-0-062-12 D Very Low Density High Density
625-0-062-14 D Very Low Density High Density
625-0-062-15 D Very Low Density High Density
625-0-062-07 D Very Low Density High Density
4 DocuSign Envelope ID: 94107146-7061-400A-959D-5E3F6747C148 1103
RES. NO. 2021-42
HousingElementccmtg10-25-21(klk)
625-0-075-05 D Very Low Density High Density
625-0-075-03 D Very Low Density High Density
625-0-075-04 D Very Low Density High Density
625-0-091-19 D Very Low Density High Density
625-0-091-20 D Very Low Density High Density
625-0-081-12 D Very Low Density High Density
625-0-081-13 D Very Low Density High Density
625-0-081-14 D Very Low Density High Density
625-0-091-01 D Very Low Density High Density
625-0-091-05 D Very Low Density High Density
625-0-091-11 D Very Low Density High Density
625-0-091-16 D Very Low Density High Density
625-0-091-17 D Very Low Density High Density
625-0-091-14 D Very Low Density High Density
625-0-091-06 D Very Low Density High Density
625-0-091-07 D Very Low Density High Density
625-0-091-21 D Very Low Density High Density
644-0-080-19 E Very Low Density Moderate Density
644-0-080-17 E Very Low Density Moderate Density
644-0-080-18 E Very Low Density Moderate Density
644-0-080-16 E Very Low Density Moderate Density
644-0-080-85 D Very Low Density High Density
644-0-080-42 D Very Low Density High Density
644-0-080-84 D Very Low Density High Density
644-0-080-46 D Very Low Density High Density
644-0-080-50 D Very Low Density High Density
5 DocuSign Envelope ID: 94107146-7061-400A-959D-5E3F6747C148 1104
RES. NO. 2021-42
HousingElementccmtg10-25-21(klk)
6 DocuSign Envelope ID: 94107146-7061-400A-959D-5E3F6747C148 1105
RES. NO. 2021-42
HousingElementccmtg10-25-21(klk)
General Plan Amendment No. GPA-2021-0001
The Simi Valley Official General Plan Land Use Map is hereby amended as follows:
A. General Plan Land Use Change from Residential Low Density (2.1 – 3.5 du/ac) to Residential Medium Density (3.6 – 5 du/ac).
B. General Plan Land Use Change from Open Space (1 unit/40 ac) to Residential Medium Density (3.6 – 5 du/ac).
APN Symbol on Map Existing Land
Use
New Land Use
639-0-010-75 A Low Density Medium Density
639-0-010-76 B Open Space Medium Density
7 DocuSign Envelope ID: 94107146-7061-400A-959D-5E3F6747C148 1106
RES. NO. 2021-42
HousingElementccmtg10-25-21(klk)
General Plan Amendment No. GPA-2021-0001
The Simi Valley Official General Plan Land Use Map is hereby amended as follows:
A. General Plan Land Use Change from Residential Medium Density (3.6 – 5 du/ac) to Residential Moderate Density (5.1 – 10 du/ac).
APN Symbol on Map Existing Land
Use
New Land Use
637-0-140-15 A Medium Density Moderate Density
8 DocuSign Envelope ID: 94107146-7061-400A-959D-5E3F6747C148 1107
RES. NO. 2021-42
HousingElementccmtg10-25-21(klk)
General Plan Amendment No. GPA-2021-0001
The Simi Valley Official General Plan Land Use Map is hereby amended as follows:
A. General Plan Land Use Change from Residential High Density (10.1 – 20 du/ac) to Residential Very High Density (20.1 – 35 du/ac).
APN Symbol on Map Existing Land
Use
New Land Use
631-0-140-10 A High Density Very High Density
SINALOA RD
FIRST ST
9 DocuSign Envelope ID: 94107146-7061-400A-959D-5E3F6747C148 1108
RES. NO. 2021-42
HousingElementccmtg10-25-21(klk)
General Plan Amendment No. GPA-2021-0001
The Simi Valley Official General Plan Land Use Map is hereby amended as follows:
A. General Plan Land Use Change from Residential Medium Density (3.6 – 5.0 du/ac) to Residential Very High Density (20.1 – 35 du/ac).
APN Symbol on Map Existing Land
Use
New Land Use
631-0-114-03 A Medium Density Very High Density
631-0-114-02 A Medium Density Very High Density
631-0-114-09 A Medium Density Very High Density
10 DocuSign Envelope ID: 94107146-7061-400A-959D-5E3F6747C148 1109
RES. NO. 2021-42
HousingElementccmtg10-25-21(klk)
General Plan Amendment No. GPA-2021-0001
The Simi Valley Official General Plan Land Use Map is hereby amended as follows:
A. General Plan Land Use Change from Residential High Density (10.1 – 20 du/ac) to Residential Very High Density (20.1 – 35 du/ac).
APN Symbol on Map Existing Land
Use
New Land Use
632-0-351-70 A High Density Very High Density
632-0-351-71 A High Density Very High Density
632-0-351-72 A High Density Very High Density
632-0-020-23 A High Density Very High Density
632-0-020-22 A High Density Very High Density
632-0-020-19 A High Density Very High Density
632-0-020-17 A High Density Very High Density
632-0-080-14 A High Density Very High Density
632-0-020-13 A High Density Very High Density
632-0-020-12 A High Density Very High Density
632-0-020-21 A High Density Very High Density
632-0-020-20 A High Density Very High Density
632-0-080-18 A High Density Very High Density
632-0-020-14 A High Density Very High Density
632-0-020-18 A High Density Very High Density
632-0-020-25 A High Density Very High Density
632-0-030-48 A High Density Very High Density
632-0-030-24 A High Density Very High Density
632-0-030-51 A High Density Very High Density
632-0-020-11 A High Density Very High Density
632-0-030-67 A High Density Very High Density
632-0-030-66 A High Density Very High Density
632-0-030-47 A High Density Very High Density
632-0-030-28 A High Density Very High Density
632-0-030-27 A High Density Very High Density
632-0-030-55 A High Density Very High Density
632-0-060-01 A High Density Very High Density
632-0-060-26 A High Density Very High Density
632-0-060-25 A High Density Very High Density
632-0-060-23 A High Density Very High Density
632-0-060-29 A High Density Very High Density
632-0-060-04 A High Density Very High Density
632-0-060-05 A High Density Very High Density
632-0-050-39 A High Density Very High Density
11 DocuSign Envelope ID: 94107146-7061-400A-959D-5E3F6747C148 1110
RES. NO. 2021-42
HousingElementccmtg10-25-21(klk)
632-0-060-22 A High Density Very High Density
632-0-080-01 A High Density Very High Density
12 DocuSign Envelope ID: 94107146-7061-400A-959D-5E3F6747C148 1111
RES. NO. 2021-42
HousingElementccmtg10-25-21(klk)
General Plan Amendment No. GPA-2021-0001
The Simi Valley Official General Plan Land Use Map is hereby amended as follows:
A. General Plan Land Use Change from Residential Medium Density (3.6 – 5 du/ac) to Residential High Density (10.1 – 20 du/ac).
B. General Plan Land Use Change from Office Commercial (.5 FAR) to Mixed Use (Up to 1.5 FAR).
APN Symbol on Map Existing Land Use New Land Use
638-0-030-34 A Medium Density High Density
638-0-310-05 B Office Commercial Mixed Use
13 DocuSign Envelope ID: 94107146-7061-400A-959D-5E3F6747C148 1112
RES. NO. 2021-42
HousingElementccmtg10-25-21(klk)
General Plan Amendment No. GPA-2021-0001
The Simi Valley Official General Plan Land Use Map is hereby amended as follows:
A. General Plan Land Use Change from Residential Low Density (2.1 – 3.5 du/ac) to Residential Medium Density (3.6 – 5 du/ac).
APN Symbol on Map Existing Land
Use New Land Use
611-0-370-07 A Low Density Medium Density
614-0-010-26 A Low Density Medium Density
614-0-010-22 A Low Density Medium Density
614-0-010-21 A Low Density Medium Density
614-0-010-24 A Low Density Medium Density
614-0-010-25 A Low Density Medium Density
14 DocuSign Envelope ID: 94107146-7061-400A-959D-5E3F6747C148 1113
RES. NO. 2021-42
EXHIBIT B
HousingElementccmtg10-25-21(klk)
Mitigation Monitoring and Reporting Program
CEQA requires that a reporting or monitoring program be adopted for the conditions of project approval that are necessary to mitigate or avoid significant effects on the environment (Public Resources Code 21081.6). This mitigation monitoring and reporting program is designed to ensure compliance with adopted mitigation measures during project implementation. For each mitigation measure recommended in the Initial Study-Mitigated Negative Declaration (IS-MND), specifications are made herein that identify actions required by the lead agency (the City of Simi Valley) to ensure that the mitigation measure is properly carried out, the timing of these actions, and the lead agency department responsible for these actions as well as any other responsible agencies, if applicable.
15 DocuSign Envelope ID: 94107146-7061-400A-959D-5E3F6747C148 1114
RES. NO. 2021-42
HousingElementccmtg10-25-21(klk)
Mitigation Measure/
Condition of Approval
Action Required by Lead Agency
(City of Simi Valley) When Monitoring to Occur
Responsible
Parties
Compliance Verification
Initial Date Comments
BIOLOGICAL RESOURCES
BIO-1: Pre-Construction Biological Survey
Projects proposed on undeveloped lots shall be
subject to a pre-construction biological survey.
Within 48 hours of ground disturbance and
vegetation removal, a qualified biologist shall
conduct a pre-construction survey for potential
rare, listed, or other special-status wildlife
species. The survey shall include all proposed
work areas, access routes, and staging areas
plus a 50-foot buffer where accessible. If
special-status species are observed during the
survey, they shall be relocated by the qualified
biologist to nearby suitable habitat, but far
enough where they will not re-enter the
project site. If a threatened or endangered
species is observed, consultation with the
appropriate regulatory agency shall be
conducted prior to removing the species and
work will not commence until approved by the
regulatory agency.
1. Review and approve contract with a
qualified biologist for a pre-construction
biological survey
2. Review the results of the pre-
construction survey and confirm that it
complies with the requirements of this
mitigation measure
3. If special-status species are observed
during the pre-construction survey,
confirm that all applicable requirements
of this mitigation measure, and
applicable recommendations of the
qualified biologist who conducted the
survey and appropriate regulatory
agencies if applicable, are carried out
1. Once prior to issuance of a
grading permit
2. Once prior to ground
disturbance and vegetation
removal
3. Once prior to and
periodically during (as
necessary) ground
disturbance and vegetation
removal
1. City of Simi
Valley
Environmental
Services Dept.
2. City of Simi
Valley
Environmental
Services Dept.
3. City of Simi
Valley
Environmental
Services Dept.,
and appropriate
regulatory
agencies if
applicable
BIO-2: Nesting Bird Protection
If construction requires any vegetation
trimming or tree removal during the nesting
bird season (February 1 to August 31), pre-
construction surveys shall be conducted by a
qualified biologist not more than one week
before construction to determine the presence
or absence of nesting birds on the project site.
The survey shall be repeated if a lapse occurs
in construction activity of two weeks or more.
If active nests are found, the qualified biologist
shall establish an appropriate buffer,
accounting for species sensitivity and the
physical location of the nest (line of sight to
1. Monitor construction schedule of
proposed projects to determine if all
construction activities, including, but not
limited to, vegetation removal, ground
disturbance, and construction and
demolition, will occur outside of the bird
breeding season (February 1 through
August 31).
1. Once prior to issuance of a
grading permit
1. City of Simi
Valley
Environmental
Services Dept.
16 DocuSign Envelope ID: 94107146-7061-400A-959D-5E3F6747C148 1115
RES. NO. 2021-42
HousingElementccmtg10-25-21(klk)
Mitigation Measure/
Condition of Approval
Action Required by Lead Agency
(City of Simi Valley) When Monitoring to Occur
Responsible
Parties
Compliance Verification
Initial Date Comments
the work area) to comply with California Fish
and Game Code Sections 3503 and 3503.5. In
no case shall the buffer be smaller than 50 feet
for passerine species and 200 feet for raptor
species. To prevent encroachment, the
established buffer(s) shall be clearly marked
using high-visibility material. Encroachment
into the buffer shall be prohibited unless
approved by the qualified biologist with
adequate restrictions, protections, and/or
monitoring to ensure that impacts to the nest
are avoided. The established buffer(s) shall
remain in effect until the young have fledged
or the nest is abandoned.
2. If construction of a proposed project
will not be conducted outside the bird
breeding season (February 1 through
August 31) review and approve a pre-
construction nesting bird survey
conducted by a qualified biologist for
the site
3. If nests are found during the pre-
construction nesting bird survey, verify
that a qualified biologist has demarcated
an avoidance buffer and notified the
City, the construction contractor, and all
construction personnel of the existence
of the buffer zone and all other
avoidance requirements of this
mitigation measure
4. If the monitoring and reporting
requirements of this mitigation measure
are triggered, verify that a survey report
by the qualified biologist documenting
and verifying compliance with this
mitigation measure and with applicable
State and federal regulations protecting
birds has been submitted to the City
2. Once prior to issuance of a
grading permit
3. At least once after a nest is
identified by the qualified
biologist but before initiation
of construction activities
4. Once before issuance of a
building permit
2. City of Simi
Valley
Environmental
Services Dept.
3. City of Simi
Valley
Environmental
Services Dept.
4. City of Simi
Valley
Environmental
Services Dept.
17 DocuSign Envelope ID: 94107146-7061-400A-959D-5E3F6747C148 1116
RES. NO. 2021-42
HousingElementccmtg10-25-21(klk)
Mitigation Measure/
Condition of Approval
Action Required by Lead Agency
(City of Simi Valley) When Monitoring to Occur
Responsible
Parties
Compliance Verification
Initial Date Comments
BIO-3: Avoidance and Fencing in Sensitive Communities
The following best management practices
(BMP) shall be implemented to minimize
indirect impacts to special-status vegetation
communities for projects proposed in the
Walnut Hills and Heyneman Lane Opportunity
Areas.
1. Landscaping Plan. Landscape plans
shall be consistent with the City of Simi
Valley’s General Plan and Municipal
Codes, the City of Simi Valley Citywide
Design Guidelines, and the goals of the
City of Simi Valley VISION 2020 report.
Landscape plans shall be reviewed by a
qualified botanist to recommend
appropriate provisions to minimize the
spread of invasive plant species as
defined by the County of Ventura, and
listed by the California Invasive Plant
Council (www.cal-ipc.org) and California
Native Plant Society (www.cnps.org)
within the project area. Provisions may
include:
a. Installation of container plants
and/or hydro-seeding areas adjacent
to existing, undisturbed native
vegetation areas with native plant
species common within temporary
impact areas
b. Review and screening of proposed
plants to identify and avoid potential
invasive species and weed removal
during the initial planting of
landscaped areas. Recommended
perennial plants and quick
germinating erosion control plant
species native to the coastal scrub
vegetation within the project area
1. Verify that landscaping plans are
consistent with City of Simi Valley
General Plan and Municipal Codes, the
City of Simi Valley Citywide Design
Guidelines, and the goals of the City of
Simi Valley VISION 2020 report; that
these landscaping plans are reviewed by
a qualified botanist; and that the
recommendations of the qualified
botanist are carried out, consistent with
the requirements of this mitigation
measure
1. Check landscaping plans
once prior to issuance of a
grading permit; confirm
compliance with landscaping
plans once after completion
of landscaping but prior to
issuance of certificate of
occupancy for each project
1. City of Simi
Valley
Environmental
Services Dept.
18 DocuSign Envelope ID: 94107146-7061-400A-959D-5E3F6747C148 1117
RES. NO. 2021-42
HousingElementccmtg10-25-21(klk)
Mitigation Measure/
Condition of Approval
Action Required by Lead Agency
(City of Simi Valley) When Monitoring to Occur
Responsible
Parties
Compliance Verification
Initial Date Comments
include coastal sagebrush (Artemisia
californica), Eastern Mojave
buckwheat (Eriogonum fasciculatum
var. fasciculatum), golden yarrow
(Eriophyllum confertiflorum),
California poppy (Eschscholzia
californica), deerweed (Acmispon
glaber), white sage (Salvia apiana),
and black sage (Salvia mellifera).
2. Fire. Maintain a minimum of 100 feet
between built structures and coastal scrub
habitat based on Cal Fire requirements for
defensible space.
2. Verify that landscaping plans maintain
a minimum of 100 feet between built
structures and coastal scrub habitat
2. Once prior to approval of
landscaping plans
2. City of Simi
Valley
Environmental
Services Dept.
3. Minimize Construction Impacts: To
prevent inadvertent disturbance to areas
outside the limits of work, the
construction limits shall be clearly
demarcated (e.g., installation of flagging
or temporary high visibility construction
fence) prior to ground disturbance
activities and all construction activities,
including equipment staging and
maintenance shall be conducted within
the marked disturbance limits.
3. Verify that construction limits are
clearly demarcated, as required by this
mitigation measure
3a. Verify that all construction activities
are conducted within the demarcated
construction limits
3. Once prior to
commencement of
construction
3a. Periodically during
construction
3. City of Simi
Valley
Environmental
Services Dept.
3a. City of Simi
Valley
Environmental
Services Dept.
19 DocuSign Envelope ID: 94107146-7061-400A-959D-5E3F6747C148 1118
RES. NO. 2021-42
HousingElementccmtg10-25-21(klk)
Mitigation Measure/
Condition of Approval
Action Required by Lead Agency
(City of Simi Valley) When Monitoring to Occur
Responsible
Parties
Compliance Verification
Initial Date Comments
BIO-4: Direct Impacts to Special-Status Plants
For projects proposed in the Walnut Hills
and Heyneman Lane Opportunity Areas,
rare plant surveys for rare plant species
likely to occur on project sites where
there is no existing development shall be
conducted within suitable habitat (e.g.,
coastal scrub and grassland habitats) for
these species no more than one year prior
to commencement of construction
activities. Surveys shall occur at the
appropriate time to capture the
characteristics necessary to identify the
taxon. Surveys shall be conducted
consistent with CNPS protocols and by a
qualified botanist knowledgeable of the
local flora. Since yearly variation in
weather may result in fewer specimens
being observed, the locations of plants
considered will be cumulative (i.e., all
known plant locations over the course of
the various surveys, will be noted). For
direct impacts to special-status plant
species, one or a combination of the
following strategies shall be implemented:
1. Review and approve contract with a
qualified botanist for a pre-construction
rare plants survey
2. Ensure that the requirements of the
rare plant survey, including any
requirements resulting from agency
consultation, are carried out
1. Once prior to issuance of
grading permits
2. Once prior to, at least
once during, and once at the
completion of, construction,
as necessary
1. City of Simi
Valley
Environmental
Services Dept.
2. City of Simi
Valley
Environmental
Services Dept. and
appropriate
regulatory
agencies if
applicable
a. Agency Consultation. If special-
status plant species are present and
would directly or indirectly be
impacted by the proposed project
activities, the applicant shall consult
with the CDFW to determine the
recommended course of action.
b. Avoidance and Minimization.
Impacts to special-status plant
populations should be avoided to the
greatest extent possible and
minimized where avoidance is not
20 DocuSign Envelope ID: 94107146-7061-400A-959D-5E3F6747C148 1119
RES. NO. 2021-42
HousingElementccmtg10-25-21(klk)
Mitigation Measure/
Condition of Approval
Action Required by Lead Agency
(City of Simi Valley) When Monitoring to Occur
Responsible
Parties
Compliance Verification
Initial Date Comments
feasible. Where project impacts
cannot be avoided, mitigation is
required and is discussed further
below.
c. Salvage. If impacts to special-status
plants cannot be avoided, and it is
feasible to effectively salvage, a
qualified ecologist shall develop a
restoration and mitigation plan
based on the life history of the
species impacted, and in
coordination with CDFW to mitigate
project impacts. The plan shall
include at minimum: (a)
collection/salvage measures for
plants or seed banks, to retain intact
soil conditions and maximize success
likelihood; (b) details regarding
storage of plants or seed banks; (c)
location of the proposed recipient
site, and detailed site preparation
and plant introduction techniques
details for top soil storage, as
applicable; (d) time of year that the
salvage and replanting or seeding
will occur and the methodology of
the replanting; (e) a description of
the irrigation, if used; (f) success
criteria; and (g) a detailed monitoring
program, commensurate with the
plan’s goals.
21 DocuSign Envelope ID: 94107146-7061-400A-959D-5E3F6747C148 1120
RES. NO. 2021-42
HousingElementccmtg10-25-21(klk)
Mitigation Measure/
Condition of Approval
Action Required by Lead Agency
(City of Simi Valley) When Monitoring to Occur
Responsible
Parties
Compliance Verification
Initial Date Comments
BIO-5: Direct Impacts to Special-Status Plants
In addition to Mitigation Measure BIO-3,
the following BMPs shall be implemented
for projects proposed in the Walnut Hills
and Heyneman Lane Opportunity Areas to
minimize indirect impacts to special-status
plant species:
a. Minimize Impacts. To the extent
feasible, impacts to known special-
status plant populations identified in
the project area (e.g., two slender
mariposa lily individuals and one
Catalina mariposa lily individual;)
should be minimized. The full extent
of the occurrence of a special status
plant species within the survey area
shall be recorded and mapped with
the number of individuals for each
occurrence documented. The outer
extent of each occurrence of special-
status plants, including a 50-foot
buffer (to minimize potential indirect
effects due to fugitive dust and
accidental intrusion into the area)
should be flagged and avoided
during project-related activities.
b. Standard Dust Control Measures.
Standard dust control measures as
per the Ventura County Air Pollution
Control District shall be implemented
to reduce impacts on nearby plants
and wildlife. Measures include
controlling speed to 15 mph or less
on unpaved roads, replacing ground
cover in disturbed areas as quickly as
possible, frequently watering active
work sites, installation of shaker
plates, and suspending excavation
Ensure that the BMPs listed in this
mitigation measure are carried out as
described in this mitigation measure
Once prior to, at least once
during, and once at the
completion of, construction,
as necessary
City of Simi Valley
Environmental
Services Dept.
22 DocuSign Envelope ID: 94107146-7061-400A-959D-5E3F6747C148 1121
RES. NO. 2021-42
HousingElementccmtg10-25-21(klk)
Mitigation Measure/
Condition of Approval
Action Required by Lead Agency
(City of Simi Valley) When Monitoring to Occur
Responsible
Parties
Compliance Verification
Initial Date Comments
and grading operations during
periods of high winds.
b. Minimize Spills of Hazardous
Materials. All vehicles and
equipment shall be maintained in
proper condition to minimize the
potential for fugitive emissions of
motor oil, antifreeze, hydraulic fluid,
grease, or other hazardous materials.
Hazardous spills shall be immediately
cleaned up and the contaminated
soil shall be immediately cleaned up
and the contaminated soil shall be
properly handled or disposed of at a
licensed facility. Servicing of
construction equipment shall take
place only at a designated staging
area.
BIO-6: Direct Impacts to Special-Status Amphibian and Reptile Species For projects proposed in the Walnut Hills
and Heyneman Lane Opportunity Areas, a
qualified biologist shall be present during
ground-disturbing activities immediately
adjacent to or within any grassland and
coastal scrub habitat that could support
populations of special-status amphibian
and reptile species to monitor vegetation
removal and topsoil salvaging and
stockpiling. The qualified biologist shall
possess an appropriate California scientific
collecting permit to handle special-status
species likely to occur in the project area.
If special-status species (e.g., California
glossy snake, coast horned lizard, silvery
legless lizard, coastal whiptail, coast
patch-nosed snake, and western
spadefoot) are detected in the work area
during the surveys, the authorized
1. Review and approve contract with a
qualified biologist who meets the
requirements of this mitigation measure
2. Review and approve report submitted
by the qualified biologist documenting
compliance with the requirements of
this mitigation measure
1. Prior to issuance of a
grading permit
2. Prior to issuance of a
building permit
1. City of Simi
Valley
Environmental
Services Dept.
2. City of Simi
Valley
Environmental
Services Dept.
23 DocuSign Envelope ID: 94107146-7061-400A-959D-5E3F6747C148 1122
RES. NO. 2021-42
HousingElementccmtg10-25-21(klk)
Mitigation Measure/
Condition of Approval
Action Required by Lead Agency
(City of Simi Valley) When Monitoring to Occur
Responsible
Parties
Compliance Verification
Initial Date Comments
biologist shall capture and relocate
individuals to nearby undisturbed areas
with suitable habitat outside of the
construction area, but as close to their
origin as possible. All wildlife moved
during project activities shall be
documented by the biologist on site and a
report shall be provided to the City of Simi
Valley Planning Division.
BIO-7: Burrowing Owl
For projects proposed in the Walnut Hills
and Heyneman Lane Opportunity Areas,
preconstruction surveys for burrowing owl
shall be conducted in accordance with
CDFW guidelines. Preconstruction surveys
shall include the project footprint and
appropriate buffer as required in the most
recent guidelines. Focused surveys only
need to be conducted where suitable
burrow resources are present. The surveys
shall be conducted no more than 30 days
prior to initiation of ground disturbance or
site mobilization activities within 500 feet
from suitable burrowing owl habitat (e.g.,
grassland and/or disturbed land) where
legal access to conduct the surveys exists.
If burrowing owls are not detected during
the clearance survey, no additional
mitigation is required. If an active (as
determined by positive focused surveys)
burrowing owl burrow is located within
500 feet from any project work area or
disturbance area, a Burrowing Owl
Relocation and Mitigation Plan shall be
prepared and implemented following
approval from the CDFW. The plan shall
include the following:
1. Review contracts for preconstruction
burrowing owl surveys, and confirm that
they comply with the requirements of
this mitigation measure
2. Confirm that the requirements of this
mitigation measure are carried out
during construction
1. Prior to issuance of a
grading permit
2. Prior to issuance of a
building permit
1. City of Simi
Valley
Environmental
Services Dept.
2. City of Simi
Valley
Environmental
Services Dept.
24 DocuSign Envelope ID: 94107146-7061-400A-959D-5E3F6747C148 1123
RES. NO. 2021-42
HousingElementccmtg10-25-21(klk)
Mitigation Measure/
Condition of Approval
Action Required by Lead Agency
(City of Simi Valley) When Monitoring to Occur
Responsible
Parties
Compliance Verification
Initial Date Comments
1. Avoidance and minimization measures,
including at a minimum:
a. Non-Disturbance Buffer. Fencing or
flagging shall be installed at a 250-foot
radius from the occupied burrow to create
a buffer area where no work activities
may be conducted. The non-disturbance
buffer and fence line may be reduced to
160 feet if all Project-related activities
that might disturb burrowing owls would
be conducted during the nonbreeding
season (i.e., conducted September 1
through January 31).
b. Monitoring. If construction activities
occur within 500 feet of the occupied
burrow during the nesting season
(February 1–August 31), a qualified
biologist shall monitor to determine if
these activities have potential to adversely
affect nesting efforts and shall implement
measures to minimize or avoid such
disturbance.
c. Relocation Plan. Relocation plan if
construction activities occur during the
non-breeding season (occupied burrows
may not be disturbed during the nesting
season (February 1 to August 31) to avoid
take under the Migratory Bird Treaty Act
and California Fish and Game Code)
describing the following:
1. Detailed methods and guidance
for passive relocation of burrowing
owls.
2. Monitoring and management of
the replacement burrow site(s), and
provide a reporting plan; the
objective shall be to manage the
25 DocuSign Envelope ID: 94107146-7061-400A-959D-5E3F6747C148 1124
RES. NO. 2021-42
HousingElementccmtg10-25-21(klk)
Mitigation Measure/
Condition of Approval
Action Required by Lead Agency
(City of Simi Valley) When Monitoring to Occur
Responsible
Parties
Compliance Verification
Initial Date Comments
sites for the benefit of burrowing
owls, with the specific goals of
maintaining the functionality of the
burrows for a minimum of two years
and minimizing weed cover.
3. Ensure that a minimum of two
suitable, unoccupied burrows are
available off site for every burrowing
owl or pair of burrowing owls to be
passively relocated.
BIO-8: Coastal California Gnatcatcher
For projects proposed in the Walnut Hills
and Heyneman Lane Opportunity Areas,
during the year prior to initiation of
construction activities for each
construction phase, a focused coastal
California gnatcatcher survey shall be
conducted in accordance with USFWS
protocol (USFWS 1997). If focused surveys
are negative, no additional mitigation is
required. If focused surveys are positive,
consultation with USFWS shall occur
and/or an incidental take permit (ITP)
shall be obtained from the USFWS.
Occupied habitat shall be mitigated at a
minimum 1:1 ratio for temporary impacts,
2:1 ratio for permanent impacts, or as
specified by the resources agencies (e.g.,
within an ITP). Avoidance and
minimization measures shall be
implemented in accordance with
provisions of the ITP and shall include, at a
minimum:
a. Environmental awareness training
for all construction personnel to educate
personnel about coastal California
gnatcatcher, protective status avoidance
1. Confirm that a focused coastal
California gnatcatcher survey has been
conducted in accordance with USFWS
protocol
2. Review and approve results of
focused surveys
3. If focused surveys are positive,
confirm that consultation with USFWS
occurs and/or an incidental take permit
(ITP) has been obtained from the USFWS
1. Once during the year prior
to initiation of construction
activities for each
construction phase
2. Once after completion of
focused surveys, but before
issuance of a grading permit
3. Once after completion of
focused surveys, but before
issuance of a grading permit
1. City of Simi
Valley
Environmental
Services Dept.
2. City of Simi
Valley
Environmental
Services Dept.
3. City of Simi
Valley
Environmental
Services Dept. and
appropriate
regulatory
agencies if
applicable
26 DocuSign Envelope ID: 94107146-7061-400A-959D-5E3F6747C148 1125
RES. NO. 2021-42
HousingElementccmtg10-25-21(klk)
Mitigation Measure/
Condition of Approval
Action Required by Lead Agency
(City of Simi Valley) When Monitoring to Occur
Responsible
Parties
Compliance Verification
Initial Date Comments
measures to be implemented by all
personnel, including the avoidance of
nesting bird season to the greatest extent
feasible and minimization of vegetation
impacts within suitable coastal scrub
habitat
b. Removal of suitable coastal scrub
vegetation outside of the coastal
California gnatcatcher breeding season
(February 15 through August 31)
c. Establishment of environmentally
sensitive areas around coastal California
gnatcatcher nest locations (500-foot
avoidance buffer or as approved by
USFWS and CDFG) by a qualified biologist
prior to the start of any ground or
vegetation-disturbing activities, which
shall be maintained and avoided during
construction activities and until the nest is
determined to no longer be active by a
biologist
d. Presence of a qualified biological
monitor during initial grading activities,
adjacent to environmentally sensitive
areas, and as needed to document
compliance with the conditions of the ITP,
the biological monitor will have the
authority to stop work as needed to avoid
direct impacts to coastal California
gnatcatcher
e. Should an active gnatcatcher nest be
observed during construction activities,
activities shall cease until the nest is
determined to no longer be active.
4. If focused surveys are positive, and
once it has been confirmed that
consultation with USFWS has occurred
and/or an ITP has been obtained from
the USFWS, confirm that any required
avoidance and minimization measures,
including those listed in this mitigation
measure, are carried out
4. Once after confirmation
that consultation with
USFWS has occurred and/or
an ITP has been obtained
from the USFWS, but before
issuance of a grading permit
4. City of Simi
Valley
Environmental
Services Dept. and
appropriate
regulatory
agencies if
applicable
BIO-9: Indirect Impacts to Special Status Wildlife Species 27 DocuSign Envelope ID: 94107146-7061-400A-959D-5E3F6747C148 1126
RES. NO. 2021-42
HousingElementccmtg10-25-21(klk)
Mitigation Measure/
Condition of Approval
Action Required by Lead Agency
(City of Simi Valley) When Monitoring to Occur
Responsible
Parties
Compliance Verification
Initial Date Comments
For projects proposed in the Walnut Hills
and Heyneman Lane Opportunity Areas, in
addition to those listed above, the
following BMPs shall be implemented to
minimize indirect impacts to special-status
wildlife species. BMPs shall be
implemented to minimize indirect impacts
to special-status species.
a. Workers Environmental Awareness
Program (WEAP) Training. Before
commencement of construction, a
qualified Biologist shall provide
environmental training to educate all on-
site personnel, including construction
personnel, contractors, and monitors, on
special-status biological resources that
may be encountered on the project site.
Personnel shall be reminded that
harassment, handling, or removal of
wildlife and/or other special-status
resources from the project site is
prohibited by law without appropriate
notifications and permitting. Personnel
shall be instructed on actions to take
should a special-status species be
identified within an immediate work area
(e.g., work will cease until the project
biologist is notified and provides further
instructions).
b. Mark/Flag Special-Status Biological
Resources. The qualified Biologist shall
review and/or designate the vegetation
removal area in the field with the
contractor in accordance with the final
plan. Any construction activity areas
immediately adjacent to special-status
biological resources may be flagged or
temporarily fenced by the monitor, at
their discretion.
Ensure that the BMPs listed in this
mitigation measure are carried out as
described in this mitigation measure
Once prior to, at least once
during, and once at the
completion of, construction,
as necessary
City of Simi Valley
Environmental
Services Dept.
28 DocuSign Envelope ID: 94107146-7061-400A-959D-5E3F6747C148 1127
RES. NO. 2021-42
HousingElementccmtg10-25-21(klk)
Mitigation Measure/
Condition of Approval
Action Required by Lead Agency
(City of Simi Valley) When Monitoring to Occur
Responsible
Parties
Compliance Verification
Initial Date Comments
c. Biological Monitoring. The qualified
Biologist shall be present during
vegetation clearing, grubbing, and
grading. Biological monitors shall visit the
site periodically during construction to
ensure that biological measures are being
implemented and may also be required
when work is conducted close to an
established avoidance buffer.
d. Flush Special-Status Species. The
qualified Biologist shall flush special-status
species (i.e., non-nesting avian or other
mobile species) from occupied habitat
areas immediately prior to vegetation
removal activities.
e. Avoid Wildlife Entrapment:
1. Backfill Trenches. At the end of
each workday, check that all
potential wildlife pitfalls (trenches,
bores, and other excavations)
have been backfilled, covered, or
sloped to allow wildlife egress.
Should wildlife become trapped, a
qualified biologist shall remove
and relocate it.
2. Avoid entrapment of nesting or
migratory birds. All pipes or other
construction materials or supplies
shall be covered or capped in
storage or laydown areas at the
end of each workday. No pipes or
tubing of sizes or inside diameters
ranging from 1 to 10 inches shall
be left open either temporarily or
permanently.
f. Monitoring Reports. Biologist shall
record any inadvertent impacts to special
29 DocuSign Envelope ID: 94107146-7061-400A-959D-5E3F6747C148 1128
RES. NO. 2021-42
HousingElementccmtg10-25-21(klk)
Mitigation Measure/
Condition of Approval
Action Required by Lead Agency
(City of Simi Valley) When Monitoring to Occur
Responsible
Parties
Compliance Verification
Initial Date Comments
status biological resources outside the
designated construction zone in periodic
monitoring reports.
g. Trash. All food-related trash items
(such as wrappers, cans, bottles, and food
scraps) shall be disposed of in closed
containers and removed daily from the
project site. Special attention should also
be given to leaving no microtrash (screws,
nuts, bolts, washers, etc.) at the job site.
h. Lighting. Lighting along the
perimeter of natural areas shall be
shielded and oriented to limit light shine
into the natural areas.
i. Pets. No pets shall be allowed within
the project site, to prevent harassment
and mortality to potential special-status
species during construction.
30 DocuSign Envelope ID: 94107146-7061-400A-959D-5E3F6747C148 1129
RES. NO. 2021-42
HousingElementccmtg10-25-21(klk)
Mitigation Measure/
Condition of Approval
Action Required by Lead Agency
(City of Simi Valley) When Monitoring to Occur
Responsible
Parties
Compliance Verification
Initial Date Comments
CULTURAL RESOURCES
CUL-1: Worker Environmental Awareness Program
Prior to the start of construction on sites
that are currently undeveloped or where
excavation would be to deeper levels than
previous excavation levels as determined
during plan review, the project
archaeologist or their designee shall
conduct training for construction
personnel regarding the appearance of
fossils and the procedures for notifying
paleontological staff should fossils be
discovered by construction staff. The
WEAP shall be fulfilled at the time of a
preconstruction meeting, which a
qualified archaeologist shall attend. This
training will include a printed handout
that provides examples of potential
cultural resources. The WEAP training will
be repeated when construction personnel
change and periodically renewed if the
project has a long duration (more than
three months.)
Confirm that a WEAP training is
conducted as described in this
mitigation measure
Once prior to the start of
construction on sites that are
currently undeveloped or
where excavation would be
to deeper levels than
previous excavation levels as
determined during plan
review
City of Simi Valley
Environmental
Services Dept.
CUL-2: Archeological Resource Construction Monitoring
Prior to the issuance of a grading permit
on sites that are currently undeveloped or
where excavation would be to deeper
levels than previous excavation levels as
determined during plan review, the
property owner/developer shall retain a
qualified archaeologist meeting the
Secretary of the Interior’s Professional
Qualification Standards for archaeology
(National Park Service 1983) to be present
during all initial subsurface ground-
disturbing construction activities. At the
commencement of construction activities,
1. Review and approve contract with
qualified archaeologist for
archaeological monitoring during all
initial subsurface ground-disturbing
construction activities
2. Confirm that an orientation meeting
1. Prior to issuance of any
grading permit
2. Prior to commencement of
1. City of Simi
Valley
Environmental
Services Dept.
31 DocuSign Envelope ID: 94107146-7061-400A-959D-5E3F6747C148 1130
RES. NO. 2021-42
HousingElementccmtg10-25-21(klk)
Mitigation Measure/
Condition of Approval
Action Required by Lead Agency
(City of Simi Valley) When Monitoring to Occur
Responsible
Parties
Compliance Verification
Initial Date Comments
an orientation meeting shall be conducted
by the qualified archaeologist,
construction manager, general contractor,
subcontractor, and construction workers
associated with ground-disturbing
activities. The orientation meeting shall
describe the potential of exposing
archaeological resources, the types of
resources that may be encountered, and
directions on the steps that shall be taken
if such a find is encountered.
consistent with the requirements of this
mitigation measure is conducted at the
commencement of construction
activities by the qualified archaeologist,
construction manager, general
contractor, subcontractor, and
construction workers associated with
ground-disturbing activities
construction activities 2. City of Simi
Valley
Environmental
Services Dept.
CUL-3: Unanticipated Discovery of Human Remains and Associated Funerary Objects The term “human remains” encompasses
more than human bones. In ancient as
well as historic times, Tribal Traditions
included, but were not limited to, the
burial of associated cultural resources
(Funerary objects) with the deceased, and
the ceremonial burning of human
remains. These remains are to be treated
in the same manner as bone fragments
that remain intact. Associated funerary
objects are objects that, as part of the
death rite or ceremony of a culture, are
reasonably believed to have been placed
with individual human remains either at
the time of death or later; other items
made exclusively for burial purposes or to
contain human remains can also be
considered as associated funerary objects.
The Native American Graves Protection
and Repatriation Act guidance specifically
states that the federal agencies will
consult with organizations on whose
aboriginal lands the remains and cultural
items might be discovered, who are
reasonably known to have a cultural
relationship to the human remains and
1. Review and approve contract with
Native American Monitor
2. Confirm that, in the event of discovery
of human remains and associated
funerary objects, the requirements of
this mitigation measure are carried out
1. Prior to commencement of
any ground-disturbing
activities
2. Once if and when human
remains and associated
funerary objects are
discovered
1. City of Simi
Valley
Environmental
Services Dept.
2. City of Simi
Valley
Environmental
Services Dept.
32 DocuSign Envelope ID: 94107146-7061-400A-959D-5E3F6747C148 1131
RES. NO. 2021-42
HousingElementccmtg10-25-21(klk)
Mitigation Measure/
Condition of Approval
Action Required by Lead Agency
(City of Simi Valley) When Monitoring to Occur
Responsible
Parties
Compliance Verification
Initial Date Comments
other cultural items. Therefore, it is
appropriate to consult with local Native
American groups as recommended by the
California Native American Heritage
Commission.
Any discoveries of human skeletal
material shall be immediately reported to
the County Coroner. The monitor shall
immediately divert work at a minimum of
50 feet and place an exclusion zone
around the burial. The monitor shall then
notify the Qualified Archaeologist and the
construction manager who shall call the
Coroner. Work shall continue to be
diverted while the Coroner determines
whether the remains are Native American.
The discovery shall be kept confidential
and secure to prevent any further
disturbance. If the remains are Native
American, the Coroner will notify the
California NAHC as mandated by state law
who will then appoint a Most Likely
Descendent (MLD). The MLD shall provide
recommendations as to the treatment and
disposition of the human remains within
48 hours MLD designation. In the case
where discovered human remains cannot
be fully documented and recovered on
the same day, the remains shall be
covered with a protective casing to
prevent further damage or looting.
If the Coroner determines the remains
represent a historic non-Native American
burial, the burial shall be treated in the
same manner of respect with agreement
of the Coroner. Reburial will be in an
appropriate setting. If the Coroner
determines the remains to be modern, the
Coroner will take custody of the remains.
33 DocuSign Envelope ID: 94107146-7061-400A-959D-5E3F6747C148 1132
RES. NO. 2021-42
HousingElementccmtg10-25-21(klk)
Mitigation Measure/
Condition of Approval
Action Required by Lead Agency
(City of Simi Valley) When Monitoring to Occur
Responsible
Parties
Compliance Verification
Initial Date Comments
Each occurrence of human remains and
associated funerary objects shall be stored
in accordance with methods agreed upon
between the MLD and the landowner.
TRIBAL CULTURAL RESOURCES
TCR-1: Retain a Native American Monitor
If tribal cultural resources are identified
during future tribal consultation efforts
for future specific development projects
or during construction of such projects,
the project applicant for that project shall
obtain the services of a qualified Native
American Monitor(s) during construction-
related ground disturbance activities.
Ground disturbance is defined as activities
that include, but are not limited to,
pavement removal, potholing or auguring,
grubbing, weed abatement, boring,
grading, excavation, drilling, and
trenching, within the project area. The
monitor(s) shall be present on-site during
the construction phases that involve any
ground disturbing activities. The Native
American Monitor(s) shall complete
monitoring logs daily to provide
descriptions of the daily activities,
including construction activities, locations,
soil, and any cultural materials identified.
The on-site monitoring shall end when the
construction-related ground disturbance
activities are completed, or when the
monitor has indicated that the site has a
low potential for archeological resources.
1. Review and approve contract with
Native American Monitor
2. If human remains and associated
funerary objects are discovered, review
results of monitoring logs and other
reporting from the Native American
Monitor to confirm that the
requirements of this mitigation measure
are carried out
1. Prior to commencement of
any ground-disturbing
activities for individual
development projects for
which tribal cultural
resources are identified
during future tribal
consultation efforts or during
construction of such projects
2. Once, if and when human
remains and associated
funerary objects are
discovered
1. City of Simi
Valley
Environmental
Services Dept.
2. City of Simi
Valley
Environmental
Services Dept.
TCR-2: Unanticipated Discovery of Tribal Cultural Resources 34 DocuSign Envelope ID: 94107146-7061-400A-959D-5E3F6747C148 1133
RES. NO. 2021-42
HousingElementccmtg10-25-21(klk)
Mitigation Measure/
Condition of Approval
Action Required by Lead Agency
(City of Simi Valley) When Monitoring to Occur
Responsible
Parties
Compliance Verification
Initial Date Comments
If tribal cultural resources are identified
during future tribal consultation efforts
for future specific development projects
or during construction of such projects, a
qualified archaeologist and Native
American Monitor shall be present during
construction-related ground disturbance
activities to identify any unanticipated
discovery of tribal cultural resources. The
qualified archaeologist and Native
American monitor may be different
individuals or the same individual if the
City determines that individual qualifies as
both a qualified archaeologist and Native
American monitor. All archaeological
resources unearthed by construction
activities shall be evaluated by the
qualified archaeologist and Native
American Monitor. If the resources are
determined to be human remains (see
also Mitigation Measure CUL-3) the
Coroner shall be notified, and if the
human remains are Native American in
origin, the Coroner shall notify the NAHC
as mandated by state law, who will then
appoint an MLD, who shall then
coordinate with the landowner regarding
treatment and curation of these
resources. Typically, the MLD will request
reburial or preservation for educational
purposes. If a resource is determined by
the qualified archaeologist to constitute a
“historical resource” pursuant to CEQA
Guidelines Section 15064.5(a) or a
“unique archaeological resource”
pursuant to PRC Section 21083.2(g), the
qualified archaeologist shall coordinate
with the applicant and the City to develop
a formal treatment plan that would serve
to reduce impacts to the resources. The
1. Review and approve contract with a
qualified archaeologist and Native
American Monitor for construction
monitoring
2. In the event of unanticipated
discovery of tribal cultural resources,
review treatment plan and any other
relevant and applicable materials
provided to the City by the qualified
archaeologist and Native American
Monitor to confirm that the
requirements of this mitigation measure
have been carried out
1. Prior to commencement of
any ground-disturbing
activities
2. Once if and when tribal
cultural resources are
discovered
1. City of Simi
Valley
Environmental
Services Dept.
2. City of Simi
Valley
Environmental
Services Dept.
35 DocuSign Envelope ID: 94107146-7061-400A-959D-5E3F6747C148 1134
RES. NO. 2021-42
HousingElementccmtg10-25-21(klk)
Mitigation Measure/
Condition of Approval
Action Required by Lead Agency
(City of Simi Valley) When Monitoring to Occur
Responsible
Parties
Compliance Verification
Initial Date Comments
treatment plan established for the
resources shall be in accordance with
CEQA Guidelines Section 15064.5(f) for
historical resources and PRC Sections
21083.2(b) for unique archaeological
resources. Preservation in place (i.e.,
avoidance) is the preferred manner of
treatment. If preservation in place is not
feasible, treatment may include
implementation of archaeological data
recovery excavations to remove the
resource along with subsequent
laboratory processing and analysis. Any
historic archaeological material that is not
Native American in origin shall be curated
at a public, non-profit institution with a
research interest in the materials, such as
the Natural History Museum of Los
Angeles County or the Fowler Museum, if
such an institution agrees to accept the
material. If no institution accepts the
archaeological material, they shall be
donated to a local school or historical
society in the area for educational
purposes.
36 DocuSign Envelope ID: 94107146-7061-400A-959D-5E3F6747C148 1135
HousingElementccmtg10-25-21(klk)
ORDINANCE NO. 1329
AN ORDINANCE O
F THE CITY COUNCIL OF THE CITY OF
SIMI VALLEY APPROVING Z-S-2021-0005 AMENDING THE
CITY OF SIMI VALLEY ZONING MAP FOR SELECTED
SITES IDENTIFIED IN THE 2021 -2029 HOUSING
ELEMENT; AND ADOPTION OF THE MITIGATED
NEGATIVE DECLARATION AND MITIGATION
MONITORING PLAN FOR THE PROJECT
WHEREAS, the
City of Simi Valley initiated Zoning Map Amendment (Z-S- 2021-0005) for selected sites to implement 2021- 2029 Housing Element requirements .
The sites are identified in the Draft Housing Element, incorporated herein by reference ; and
WHEREAS, a M
itigated Negative Declaration (MND) was prepared for the project and advertised for public review from August 26, 2021 through September 24, 2021; and
WHEREAS, on
September 29, 2021, the Planning Commission of the City of Simi Valley, held a public hearing and recommended approval of Z -S-2021-0005, the Mitigated Negative Declaration, and Mitigation Monitoring Plan; and WHEREAS, o
n October 25, 2021, the City Council considered evidence and public testimony on the project.
NOW, THERE
FORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY
DOES ORDAIN AS FOLLOWS:
SECTION 1. The findings for the Mitigated Negative Declaration for Z-S- 2021-0005, contained in the City Council Staff Report dated October 25, 2021, incorporated herein by reference, are hereby adopted.
SECTION 2. The Mitigated Negative Declaration in the City Council staff report dated October 25, 2021 prepared for GPA -2021-0001 and Z -S-2021-0005, and Mitigation Monitoring Plan contained in the City Council Staff Report dated October 25, 2021, incorporated herein by reference, are hereby adopted.
SECTION 3. The findings for approval of the Zoning Map Amendment Z - S-2021-0005 contained in the City Council staff report dated October 25, 2021 and incorporated herein by reference, are hereby adopted.
SECTION 4. Zone Change No. Z-S-2021-0005, which amends the City of Simi Valley Zoning Map referred to in Simi Valley Municipal Code Section 9-20.030, and consisting of properties cited by Assessor’s Parcel Number, existing zoning, and proposed zoning on maps contained in Exhibit A, attached hereto, is hereby approved.
DocuSign Envelope ID: 32EC143F-1E6C-4BBE-91A5-03FCF304D915 1136
ORD. NO. 1329
HousingElementccmtg10-25-21(klk)
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 Council finds that said voided part is severable, that the City Council would have adopted the remainder of this Ordinance without the severed and voided part, and that the remainder of this Ordinance shall remain in full force and effect.
SECTION 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 8th day of November 2021.
Attest:
Lucy Blanco, City Clerk Keith L. Mashburn, Mayor of the City of Simi Valley, California
Approved as to Form: Approved as to Content:
David L. Caceres, Interim City Attorney Brian Paul Gabler, City Manager
Stratis Perros
Environmental Services Director
2 DocuSign Envelope ID: 32EC143F-1E6C-4BBE-91A5-03FCF304D915 1137
ORD. NO. 1329
CERTIFICATION
I, City Clerk of the City of Simi Valley, California, do hereby certify that the foregoing is a full, true, and correct copy of Ordinance No. 1329 which was adopted by the City Council of the City of Simi Valley, California, at a regular meeting thereof held on the 8
th day of November 2021 by the following vote of the City Council:
AYES: Council Members Luevanos, Litster, Judge, Mayor Pro Tem Cavanaugh and Mayor Mashburn
NAYS: None
ABSENT: None
ABSTAINED: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Simi Valley, California, dated _________________________.
Lucy Blanco
City Clerk
3 DocuSign Envelope ID: 32EC143F-1E6C-4BBE-91A5-03FCF304D915 November 24, 2021
1138
ORD. NO. 1329
EXHIBIT A
HousingElementccmtg10-25-21(klk)
Zone Change No. Z-S-2021-0005
The Simi Valley Official Zoning Map is hereby amended as follows:
A. Zone Change from Residential High Density in the Freeway Combining Overlay District [RH(FC)] to Residential Very High Density in the Freeway Combining Overlay District [RVH(FC)]
B. Zone Change from Residential Moderate Density in the Freeway Combining Overlay District [RMod(FC)] to Residential High Density in the Freeway Combining Overlay District [RH(FC)]
C. Zone Change from Residential Medium Density in the Freeway Combining Overlay District [RM(FC)] to Residential High Density in the Freeway Combining Overlay District [RH(FC)]
D. Zone Change from Residential Very Low Density in the Freeway Combining and Animal Overlay Districts [RVL(A)(FC)] to Residential High Density in the Freeway Combining Overlay District [RH(FC)]
E. Zone Change from Residential Very Low Density in the Animal Overlay Districts [RVL(A)] to Residential Moderate Density (RMod)
F. Zone Change from Residential Very Low Density in the Southeast Kadota Fig Specific Plan [RVL(SP)] to Residential Moderate Density (RMod)
G. Zone Change on a split -zoned parcel from Residential High Density with Conditional Zoning in the Southeast Kadota Fig Specific Plan [RH(CZ)(SP)] and Residential Very Low Density in the Southeast Kadota Fig Specific Plan [RVL(SP)] to Residential High Density (RH)
H. Residential Very Low Density in the Southeast Kadota Fig Specific Plan [RVL(SP)] to Residential High Density (RH)
APN Symbol on
Map
Existing Zoning New Zoning
625-0-220-24 A RH(FC) RVH(FC)
625-0-081-05 A RH(FC) RVH(FC)
625-0-081-06 A RH(FC) RVH(FC)
625-0-081-19 A RH(FC) RVH(FC)
625-0-081-18 A RH(FC) RVH(FC)
625-0-081-17 A RH(FC) RVH(FC)
625-0-081-11 A RH(FC) RVH(FC)
618-0-080-69 B RMod(FC) RH(FC)
618-0-080-66 B RMod(FC) RH(FC)
4 DocuSign Envelope ID: 32EC143F-1E6C-4BBE-91A5-03FCF304D915 1139
ORD. NO. 1329
HousingElementccmtg10-25-21(klk)
618-0-080-72 B RMod(FC) RH(FC)
618-0-080-73 B RMod(FC) RH(FC)
618-0-080-65 B RMod(FC) RH(FC)
618-0-070-17 C RM(FC) RH(FC)
625-0-075-06 D RVL(A)(FC) RH(FC)
625-0-062-08 D RVL(A)(FC) RH(FC)
625-0-062-09 D RVL(A)(FC) RH(FC)
625-0-062-10 D RVL(A)(FC) RH(FC)
625-0-062-11 D RVL(A)(FC) RH(FC)
625-0-062-12 D RVL(A)(FC) RH(FC)
625-0-062-14 D RVL(A)(FC) RH(FC)
625-0-062-15 D RVL(A)(FC) RH(FC)
625-0-062-07 D RVL(A)(FC) RH(FC)
625-0-075-05 D RVL(A)(FC) RH(FC)
625-0-075-03 D RVL(A)(FC) RH(FC)
625-0-075-04 D RVL(A)(FC) RH(FC)
625-0-091-19 D RVL(A)(FC) RH(FC)
625-0-091-20 D RVL(A)(FC) RH(FC)
625-0-081-12 D RVL(A)(FC) RH(FC)
625-0-081-13 D RVL(A)(FC) RH(FC)
625-0-081-14 D RVL(A)(FC) RH(FC)
625-0-091-01 D RVL(A)(FC) RH(FC)
625-0-091-05 D RVL(A)(FC) RH(FC)
625-0-091-11 D RVL(A)(FC) RH(FC)
625-0-091-16 D RVL(A)(FC) RH(FC)
625-0-091-17 D RVL(A)(FC) RH(FC)
625-0-091-14 D RVL(A)(FC) RH(FC)
625-0-091-06 D RVL(A)(FC) RH(FC)
625-0-091-07 D RVL(A)(FC) RH(FC)
625-0-091-21 D RVL(A)(FC) RH(FC)
644-0-080-19 E RVL(A) RMod
644-0-080-17 E RVL(A) RMod
644-0-080-18 E RVL(A) RMod
644-0-080-16 F RVL(SP) RMod
644-0-080-85 G RH(CZ(SP)/RVL(SP) RH
644-0-080-42 H RVL(SP) RH
644-0-080-84 H RVL(SP) RH
644-0-080-46 H RVL(SP) RH
644-0-080-50 H RVL(SP) RH
5 DocuSign Envelope ID: 32EC143F-1E6C-4BBE-91A5-03FCF304D915 1140
ORD. NO. 1329
HousingElementccmtg10-25-21(klk)
6 DocuSign Envelope ID: 32EC143F-1E6C-4BBE-91A5-03FCF304D915 1141
ORD. NO. 1329
HousingElementccmtg10-25-21(klk)
Zone Change No. Z-S-2021-0005
The Simi Valley Official Zoning Map is hereby amended as follows:
A. Zone Change from Residential Low Density with Conditional Zoning [RL (CZ)] to Residential Medium Density (RM).
APN Symbol on Map Existing Zoning New Zoning
639-0-010-75 A RL(CZ) RM
639-0-010-76 A RL(CZ) RM
7 DocuSign Envelope ID: 32EC143F-1E6C-4BBE-91A5-03FCF304D915 1142
ORD. NO. 1329
HousingElementccmtg10-25-21(klk)
Zone Change No. Z-S-2021-0005
The Simi Valley Official Zoning Map is hereby amended as follows:
A. Zone Change from Residential Medium Density (RM) to Residential Moderate Density (RMod).
APN Symbol on Map Existing Zoning New Zoning
637-0-140-15 A RM RMod
637-0-140-32 A RM RMod
8 DocuSign Envelope ID: 32EC143F-1E6C-4BBE-91A5-03FCF304D915 1143
ORD. NO. 1329
HousingElementccmtg10-25-21(klk)
Zone Change No. Z-S-2021-0005
The Simi Valley Official Zoning Map is hereby amended as follows:
A. Zone Change from Residential High Density (RH) to Residential Very High Density (RVH).
APN Symbol on Map Existing Zoning New Zoning
631-0-140-10 A RH RVH
9 DocuSign Envelope ID: 32EC143F-1E6C-4BBE-91A5-03FCF304D915 1144
ORD. NO. 1329
HousingElementccmtg10-25-21(klk)
Zone Change No. Z-S-2021-0005
The Simi Valley Official Zoning Map is hereby amended as follows:
A. Zone Change from Commercial Planned Development in the Los Angeles Avenue Planning Overlay [CPD (LAAPO)] to Commercial Planned Development in the Los Angeles Avenue Planning and Mixed Use Overlays [CPD (LAAPO) (MU)]
B. Zone Change from Residential Medium Density (RM) to Commercial Planned Development in the Los Angeles Avenue Planning and Mixed Use Overlays [CPD (LAAPO) (MU)]
C. Zone Change from Residential Medium Density (RM) to Residential Very High Density (RVH)
APN Symbol on Map Existing Zoning New Zoning
631-0-101-08 A CPD (LAAPO) CPD (LAAPO) (MU)
631-0-101-04 A CPD (LAAPO) CPD (LAAPO) (MU)
631-0-101-12 A CPD (LAAPO) CPD (LAAPO) (MU)
631-0-101-14 B RM CPD (LAAPO) (MU)
631-0-114-03 C RM RVH
631-0-114-02 C RM RVH
631-0-114-09 C RM RVH
10 DocuSign Envelope ID: 32EC143F-1E6C-4BBE-91A5-03FCF304D915 1145
ORD. NO. 1329
HousingElementccmtg10-25-21(klk)
Zone Change No. Z-S-2021-0005
The Simi Valley Official Zoning Map is hereby amended as follows:
A. Zone Change from Residential High Density (RH) or with indicated parcels conditionally zoned [RH(CZ)] to Residential Very High Density (RVH)
B. Zone Change from Residential High Density conditionally zoned in the Arroyo Simi Greenway Specific Plan [RH (CZ)(SP)] to Residential Very High Density in the Arroyo Simi Greenway Specific Plan [RVH(SP)]
APN Symbol on Map Existing Zoning New Zoning
632-0-351-70 A RH RVH
632-0-351-71 A RH RVH
632-0-351-72 A RH RVH
632-0-020-23 A RH RVH
632-0-020-22 A RH RVH
632-0-020-19 A RH RVH
632-0-020-17 A RH(CZ) RVH
632-0-080-14 A RH(CZ) RVH
632-0-020-13 A RH(CZ) RVH
632-0-020-12 A RH(CZ) RVH
632-0-030-60 A RH(CZ) RVH
632-0-030-68 A RH(CZ) RVH
632-0-030-56 A RH(CZ) RVH
632-0-020-21 A RH(CZ) RVH
632-0-020-20 A RH(CZ) RVH
632-0-080-18 A RH(CZ) RVH
632-0-020-14 A RH(CZ) RVH
632-0-030-70 A RH(CZ) RVH
632-0-030-18 A RH(CZ) RVH
632-0-030-17 A RH(CZ) RVH
632-0-020-18 A RH(CZ) RVH
632-0-020-25 A RH(CZ) RVH
632-0-030-48 A RH(CZ) RVH
632-0-030-24 A RH(CZ) RVH
632-0-030-51 A RH(CZ) RVH
632-0-020-11 A RH(CZ) RVH
632-0-030-67 A RH RVH
632-0-030-66 A RH(CZ) RVH
632-0-030-47 A RH RVH
632-0-030-28 A RH RVH
632-0-030-27 A RH(CZ) RVH
11 DocuSign Envelope ID: 32EC143F-1E6C-4BBE-91A5-03FCF304D915 1146
ORD. NO. 1329
HousingElementccmtg10-25-21(klk)
632-0-030-55 A RH(CZ) RVH
632-0-060-01 A RH RVH
632-0-060-26 A RH RVH
632-0-060-25 A RH(CZ) RVH
632-0-060-23 A RH RVH
632-0-060-29 A RH RVH
632-0-060-04 A RH(CZ) RVH
632-0-060-58 A RH(CZ) RVH
632-0-060-05 A RH(CZ) RVH
632-0-060-22 A RH RVH
632-0-080-01 B RH(CZ)(SP) RVH(SP)
12 DocuSign Envelope ID: 32EC143F-1E6C-4BBE-91A5-03FCF304D915 1147
ORD. NO. 1329
HousingElementccmtg10-25-21(klk)
Zone Change No. Z-S-2021-0005
The Simi Valley Official Zoning Map is hereby amended as follows:
A. Zone Change from Residential High Density (RH) to Residential Very High Density (RVH)
B. Zone Change from Commercial Office (CO) to Commercial Office in the Mixed Use Overlay [CO(MU)]
APN Symbol on Map Existing Zoning New Zoning
632-0-050-39 A RH RVH
638-0-310-05 B CO CO(MU)
13 DocuSign Envelope ID: 32EC143F-1E6C-4BBE-91A5-03FCF304D915 1148
ORD. NO. 1329
HousingElementccmtg10-25-21(klk)
Zone Change No. Z-S-2021-0005
The Simi Valley Official Zoning Map is hereby amended as follows:
A. Zone Change from Residential Medium Density (RM) to Residential High Density (RH).
APN Symbol on Map Existing Zoning New Zoning
638-0-030-34 A RM RH
14 DocuSign Envelope ID: 32EC143F-1E6C-4BBE-91A5-03FCF304D915 1149
ORD. NO. 1329
HousingElementccmtg10-25-21(klk)
Zone Change No. Z-S-2021-0005
The Simi Valley Official Zoning Map is hereby amended as follows:
A. Zone Change from Residential Low Density (RL) to Residential Medium Density (RM).
B. Zone Change from Residential Low Density with Conditional Zoning [RL (CZ)] to Residential Medium Density (RM).
APN Symbol on Map Existing Zoning New Zoning
611-0-370-07 A RL RM
614-0-010-26 B RL(CZ) RM
614-0-010-22 B RL(CZ) RM
614-0-010-21 B RL(CZ) RM
614-0-010-24 B RL(CZ) RM
614--0-010-25 B RL(CZ) RM
15 DocuSign Envelope ID: 32EC143F-1E6C-4BBE-91A5-03FCF304D915 1150
MINUTES OF THE CITY COUNCIL
VENTURA COUNTY WATERWORKS DISTRICT NO. 8
SIMI VALLEY LIBRARY BOARD OF TRUSTEES
Simi Valley, California October 25, 2021
a.
b.
CALLED TO ORDER: 5:30 p.m. (CLOSED SESSION)
ROLL CALL: Present: Council Members/Directors/Trustees Litster, Judge, Mayor Pro TemNice-Chair/President
Cavanaugh and Mayor/Chair/President Mashburn
Remote: None
Absent: None
Luevanos,
Pro Tern
PUBLIC STATEMENTS: Having no public statements, the City Council adjourned to Closed Session at 5:32 p.m.
CLOSED SESSION:
(1) Conference with Labor Negotiator (CC)
Pursuant to Government Code Section 54957.6(a):
City's Designated Representative: Brian P. Gabler, City Manager Employee Organization: Simi Valley Police Managers Association (2) Conference with Real Property Negotiator (CC)
Pursuant to Government Code Section 54956.8:
Property: APN Nos.:
Agency Negotiator:
Negotiating Parties:
Under Negotiation:
500-0-291-215 and 500-0-370-145
Brian P. Gabler, City Manager
Dimitri Soudas, Cavalia, Inc.
Instruction to negotiator will concern price and terms
of payment
Note: If this is a joint meeting of the City Council and Boards of Directors, the applicable entity is identified at the end of each agenda item.
CC - City Council
WNO - Waterworks District No. 8
IDA - Industrial Development Authority
PFFA - Simi Valley Public Facilities Financing Authority PFA- Public Financing Authority
SA - Successor Agency
LB - Simi Valley Library Board of Trustees
Materials related to an item on this Agenda submitted to the CC, WNO, IDA, PFFA, PFA, SA, and/or LB after distribution of the agenda packet are available for public inspection in the City Clerk's Office at 2929 Tapo Canyon Road, Simi Valley, CA during normal business hours.
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2 (3) Conference with Legal Counsel - Existing Litigation (CC) Pursuant to Government Code Section 54956.9{d}{1}:
Name of Case: Christine Dorman v. City of Simi Valley, et al.
Case No.: 56-2019-00535484-CU-PO-VTA
CALLED TO ORDER: 6:30 p.m. (OPEN SESSION)
October 25, 2021
CLOSED SESSION REPORTS: Interim City Attorney Caceres stated there was no reportable action as a result of the Closed Session meeting held on October 25, 2021 at 6:30 p.m.
PLEDGE OF ALLEGIANCE: Led by Eric Chen
ROLL CALL: Present: Council Members/Directorsff rustees Litster, Luevanos, Judge, Mayor Pro TemNice-Chair/President Pro Tern
Cavanaugh and Mayor/Chair/President Mashburn
Remote: None
Absent: None
1. AGENDA REVIEW: City Manager Gabler stated there was a Supplemental report for Agenda Item 48.
1A. ACTION: Council Member/Directorffrustee Litster moved that all resolutions and ordinances presented tonight be read in title only and all further reading be waived.
Council Member/Directorff rustee Judge seconded the motion. (CC)
ROLL CALL
AYES: Council Members/Directorsff rustees Litster, Luevanos, Judge, Mayor Pro TemNice-Chair/President Pro Tern Cavanaugh and
Mayor/Chair/President Mashburn
NAYS: None
ABSENT: None
ABSTAIN: None
1 B. It is the policy of the City Council that upon reaching 11 :30 p.m., the City Council will not address any new agenda items. Should the City Council continue to address an in-progress agenda item past 12:00 midnight, the following motion is in order.
MOTION: Move that the City Council meeting tonight may extend beyond the midnight deadline to conclude the agenda (Section 2-1.106 SVMC). 1152
Minutes
1C.
10. 2.
3 October 25, 2021
DECLARATION OF CONFLICT: None
CERTIFICATES/HONORARY RESOLUTIONS/PROCLAMATIONS:
(1) A proclamation declaring the week of October 23-30, 2021. as California Flood Preparedness Week (CC)
Public Works Director Ron Fuchiwaki read the proclamation declaring the week of October 23-30, 2021, as California Flood Preparedness Week. (2) Certificates of Appreciation to outgoing Neighborhood Council Executive Board members (CC)
Community Services Coordinator Emily Habib acknowledged outgoing neighborhood Council Executive Board members from Neighborhood Council #1: Ken Dickerson, Peggy Hanessian, Carol Thomaier, and Roberta Woods, from Neighborhood Council #2: Richard Moore and Jon Weber, from Neighborhood #3; Jeff Pollack, and from Neighborhood #4; Sofya Bagdasaryan, Shari Bowles Gibbons, Joseph Goeken, Gary King, Rick Norris, Jayesh Patel, and Lea Williams who will all receive a Certificate of Appreciation by mail.
(3) An Honorary Resolution for the Rancho Simi Recreation and Park District in celebration of their 60th Anniversary (CC)
Deputy City Manager Samantha Argabrite read the proclamation honoring the Rancho Simi Recreation and Park District in celebration of its 60th anniversary.
PUBLIC STATEMENTS ON APPOINTMENTS, SPECIAL PRESENTATIONS AND INFORMATIONAL REPORTS:
Public statements by Zoom speakers:
1. Rocky Rhodes, Simi Valley, CA spoke against candidate #4 recommended for Neighborhood Council #4.
2. Jennifer Jones, Simi Valley, CA spoke against John Lapper as a candidate for Neighborhood Council #4.
3. Stacy Vandershaff, Simi Valley, CA spoke against candidate #4 recommended for Neighborhood Council #4.
3. APPOINTMENTS/SPECIAL PRESENTATIONS AND INFORMATIONAL REPORTS:
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4 October 25, 2021
3A. APPOINTMENTS:
(1) Appointment of Neighborhood Council Executive Board members to the four Neighborhood Councils (Perras) (CC)
ACTION: Council Member/Director/Trustee Luevanos moved to approve and the Mayor appoint Jill Abele, Dalila Minter, Alberto Vazquez-Dzul, and Tom Williams to Neighborhood Council #1, Suzanne Aguilar, Karl Birch, Dmitry Eram, and John McHale to Neighborhood Council #2, Rebecca Albarran, Julie Bershin, Evelyn Gatewood, and Amin Maghsoodi to Neighborhood Council #3, and Bobby Calderon, Nora Frost, Brian Kane, John Lapper, and Michael Murphy to Neighborhood Council #4.
The motion failed for lack of a second.
ACTION: Council Member/Director/Trustee Judge moved to vote on each individual separately for the Neighborhood Councils.
Council Member/Director/Trustee Judge withdrew his motion.
ACTION: Council Member/Director/Trustee Judge moved to continue this item until the November 8, 2021 City Council meeting. Mayor Pro TemNice Chair/President Pro Tern seconded the motion.
ROLL CALL
AYES:
NAYS:
ABSENT:
ABSTAIN:
Council Members/Directors/Trustees Litster,
TemNice-Chair/President Pro Tern
Mayor/Chair/President Mashburn
Council Member/Director/Trustee Luevanos
None
None
38. SPECIAL PRESENTATIONS:
Judge, Mayor Pro
Cavanaugh and
(1) Presentation by City Staff on recently passed 2021 State Housing Legislation (Perras) (CC)
Deputy Environmental Services Director/City Planner Sean Gibson and Associate Planner Elizabeth Richardson provided a presentation regarding the State Housing Legislation
3C. INFORMATIONAL REPORTS: None
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5 October 25, 2021
4. PUBLIC HEARINGS:
4A. A public hearing to consider the adoption of a resolution establishing an electric vehicle charging rate (Fuchiwaki) (CC)
Resolution No. 2021-41 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SIMI VALLEY ESTABLISHING AN ELECTRIC VEHICLE CHARGING RATE Mayor Mashburn opened the public hearing at 7:54 p.m.
Public testimony by Zoom speakers: None
Mayor Mashburn closed the public portion of the hearing at 8:05 p.m.
Public testimony emailed {provided to the Council; not read in open session) (See Appendix A)
1. Eric Staskiel (no address given)
ACTION: Council Member/Director/Trustee Luevanos moved to adopt Resolution No. 2021-41 establishing an electric vehicle charging rate for City-owned electric vehicle charging stations of $0.24/kwh, with automatic increases indexed to the Consumer Price Index, effective January 1, 2022. Mayor Pro TemNice Chair/President Pro Tern Cavanaugh seconded the motion.
ROLL CALL
AYES:
NAYS:
ABSENT:
ABSTAIN:
Council Members/Directors/Trustees Litster, Luevanos, Judge, Mayor Pro TemNice Chair/President Pro Tern Cavanaugh and
Mayor/Chair/President Mashburn
None
None
None
Mayor Mashburn recessed the City Council to a break at 8:07 p.m.
Mayor Mashburn reconvened the City Council at 8:22 p.m., with all City Council Members present.
48. A public hearing on the update of the Simi Valley General Plan Housing Element for the 2021-2029 planning period (GPA-2021-0001) and internal consistency updates to the General Plan, including Land Use Map and Zoning Map amendments (Z-S-2021- 0005) at selected sites, Community Development and Safety & Noise chapter 1155
Minutes
6 October 25, 2021
updates, and a mitigated negative declaration and mitigation monitoring plan for the subiect requests; introduction of an ordinance; adoption of a resolution (Perras) (CC) Resolution No. 2021-42 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SIMI VALLEY APPROVING GPA-2021-0001 TO UPDATE THE GENERAL PLAN HOUSING ELEMENT FOR THE 2021-2029 PLANNING PERIOD; TO UPDATE THE
COMMUNITY DEVELOPMENT AND SAFETY & NOISE CHAPTERS OF THE GENERAL PLAN; TO AMEND THE GENERAL PLAN LAND USE MAP
AMENDMENTS FOR SELECTED SITES; ADOPTION OF THE MITIGATED
NEGATIVE DECLARATION AND MITIGATION MONITORING PLAN FOR THE PROJECT; AND TO SUBMIT THE 2021-2029 HOUSING ELEMENT TO THE
CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT Ordinance No. 1329 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SIMI VALLEY APPROVING Z-S-2021-0005 AMENDING THE CITY OF SIMI VALLEY ZONING MAP FOR SELECTED SITES IDENTIFIED IN THE 2021-2029 HOUSING ELEMENT; AND ADOPTION OF THE MITIGATED NEGATIVE DECLARATION AND
MITIGATION MONITORING PLAN FOR THE PROJECT
Mayor Mashburn opened the public hearing at 8:22 p.m.
Public testimony emailed (provided to the Council; not read in open session} (See Appendix B}
1. Maya Porche, Simi Valley, CA
2. Mike Beautz, Simi Valley, CA
3. Teresa Jordan (no address given)
4. David & Dorraine Wolf (no address given)
Public testimony by Zoom speakers:
1. Marina Porche, Simi Valley, CA spoke in opposition to the proposed rezoning on Leeds Street.
2. Leonard Porche, Simi Valley, CA spoke in opposition to the proposed rezoning on Leeds Street.
3. Sam, Simi Valley, CA spoke in opposition to the proposed rezoning on Leeds Street.
4. Tom Minor, Simi Valley, CA spoke in opposition to the proposed rezoning on Leeds Street. He also does not agree with not being able to give public testimony in person.
5. Joe Piechowski, Simi Valley, CA spoke in favor of home ownership and against rezoning.
6. Debbie (no address given) spoke in opposition to the rezoning on Apricot Road. 1156
Minutes
7 October 25, 2021
7. Jesse Sanchez, Simi Valley, CA spoke in opposition to the proposed rezoning.
8. Mark Marx, Simi Valley, CA spoke about wanting to keep the neighborhood as it is.
Mayor Mashburn closed the public portion of the hearing at 9:45 p.m.
ACTION: Council Member/Directorffrustee Luevanos moved to adopt Resolution No. 2021-42 approving GPA-2021-0001 to: update the General Plan Housing Element for the 2021-2029 planning period, make internal consistency updates to the General Plan Elements (including Community Development and Safety & Noise Chapters), Land Use Map amendments for selected sites; adopt a Mitigated Negative Declaration and Mitigation Monitoring Plan for the project, and submit the 2021-2029 Housing Element to the California Department of Housing and Community Development and introduce Ordinance No. 1329 approving Z-S-2021-0005 to update the Zoning Map amendments for the rezone sites identified in the 2021-2029 Housing Element Update; adopt a Mitigated Negative Declaration and Mitigation Monitoring Plan for the project. Mayor Pro TemNice Chair/President Pro Tern Cavanaugh seconded the motion.
ROLL CALL
AYES:
NAYS:
ABSENT:
ABSTAIN:
Council Members/Directorsff rustees Litster, Luevanos, Judge, Mayor Pro TemNice-Chair/President Pro Tern Cavanaugh and
Mayor/Chair/President Mashburn
None
None
None
Mayor Mashburn recessed the City Council to a break at 10:11 p.m.
Mayor Mashburn reconvened the City Council at 10:24 p.m., with all City Council Members present.
5. PUBLIC STATEMENTS ON ALL ITEMS OTHER THAN PUBLIC HEARINGS, APPOINTMENTS AND INFORMATIONAL REPORTS:
Public statements by Zoom speakers:
1. Sandra Fernandez-Achenbach, Simi Valley, CA spoke about recycle bins for batteries.
2. Jeff Burrow (no address given), spoke in opposition to having the City Council meetings via Zoom and questioned why the Simi Valley School Board meetings could not be held at City Hall.
3. Matt Daros, Simi Valley, CA spoke on the RV parking rules within Simi Valley. 1157
Minutes
8 October 25, 2021
SA. CITY COUNCIUBOARD MEMBER/SPECIAL DISTRICT COMMENTS REGARDING PUBLIC STATEMENTS:
Council Member Luevanos thanked Sandra Fernandez-Achenbach for talking about the idea of battery recycle bins in Simi Valley. She also thanked Matt Doros for talking about the RV parking issue in Simi Valley.
Council Member Judge addressed the comment regarding the opening of City Council meetings to the public.
Council Member Litster agreed there is a need to open the City Council meetings to the public.
Mayor Mashburn mentioned that he has nothing to do with the School District's accessibility to utilize City Hall Council Chamber.
6. CONSENT CALENDAR:
Council Member Luevanos pulled Consent Item 5 for discussion. (1) Approval of minutes for the City Council meetings for June 29, 2020 and October 11. 2021 (Blanco) (CC/WWD/LB}
ACTION: Approved minutes
(2) Approval of the Monthly Investment Report for the month ended September 30, 2021 {Toney) (CC)
ACTION: Received and filed.
(3) Approval of Supplemental Budget Request to adiust Sanitation Fund expenditures for Fiscal Year (FY} 2021-22 to fund the City's share of a Salts and Nutrients Management Plan (Fuchiwaki} {CC)
ACTION: Approved Supplemental Budget Request.
(4) Authorization to accept $13,626 from the 2021 Edward Byrne Memorial Justice Assistance Grant {JAG) to purchase equipment and supplies: authorize the City Manager or designee to execute all grant related documents and ratify prior documents executed: and approve a Supplemental Budget Request in fund 287 (Livingstone} {CC}
ACTION: Approved request and Supplemental Budget Request. 1158
Minutes
9 October 25, 2021
(5) Approval of Second Amendment to contract between the City of Simi Valley and Insight North America LLC, for investment advisory services (Toney) (CC) ACTION: Approved contract with Insight North America LLC. (6) Adoption of a resolution accepting the Final Map, Subdivision Improvement Agreement, and approving securities for Tract No. 5982, located at 5602 Los Angeles Avenue (at Stow Street) (Fuchiwaki) (CC)
Resolution No. 2021-43 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SIMI VALLEY ACCEPTING THE FINAL MAP, SUBDIVISION
IMPROVEMENT AGREEMENT, AND APPROVING SECURITIES FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS FOR TRACT NO 5982,
LOCATED AT 5602 LOS ANGELES AVENUE
ACTION: Adopted Resolution No. 2021-43
ACTION: Council Member/Director/Trustee Luevanos moved to approve Consent Calendar Items 1 through 6. Mayor Pro TemNice Chair/President Pro Tern Cavanaugh seconded the motion.
ROLL CALL
AYES:
NAYS:
ABSENT:
ABSTAIN:
Council Members/Directors/Trustees Litster, Luevanos, Judge, Mayor Pro TemNice-Chair/President Pro Tern Cavanaugh and
Mayor/Chair/President Mashburn
None
None
None
7. CONTINUED BUSINESS:
7 A. Consideration of a resolution confirming and renewing the proclamation of the existence of a local emergency and consideration of a resolution implementing the provisions of AB 361 (Gabler) (CC)
Resolution No. 2021-44 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SIMI VALLEY CONFIRMING AND RENEWING THE PROCLAMATION OF THE
EXISTENCE OF A LOCAL EMERGENCY
Resolution No. 2021-45 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SIMI VALLEY CONFIRMING THE EXISTENCE OF A LOCAL EMERGENCY AND
AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE
BODIES OF THE CITY OF SIMI VALLEY FOR THE PERIOD THROUGH NOVEMBER 24, 2021 PURSUANT TO BROWN ACT PROVISIONS
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Minutes
8. 9.
9A.
10 October 25, 2021
ACTION: Mayor Pro TemNice Chair/President Pro Tern Cavanaugh moved to adopt Resolution No. 2021-44 confirming and renewing the existence of a local emergency and Resolution No. 2021-45 implementing the provisions of AB 361. Council Member/Directorrrrustee Judge seconded the motion:
ROLL CALL
AYES:
NAYS:
ABSENT:
ABSTAIN:
Council Members/Directors Trustees Litster, Luevanos, Judge, Mayor Pro TemNice Chair/President Pro Tern Cavanaugh and
Mayor/Chair/President Mashburn
None
None
None
NEW BUSINESS: None
REPORTS:
City Council/Board Memberrrrustees/Special District Member Reports:
Council Member Judge reported he met with the acting CEO of the Ventura County Transportation Commission (VCTC).
Council Member Litster reported she attended the Simi Valley Veterans Foundation meeting, the Task Force on Business Recovery, and recognized Carlos and Emma Sanchez, owners of El Capitan Fresh Mexican Grill and Seafood for their contributions to the community. She reported she was a guest speaker for the Royal High School Speaker Bureau, attended a Youth Council meeting, and attended the grand opening for Two Trees Physical Therapy. Council Member Litster reported she participated in the Community Pregnancy Clinic (CPC) fundraiser, and noted an upcoming blood drive will be held at The Church of Jesus Christ of Latter-Day Saints.
Council Member Luevanos reported she participated in conducting Neighborhood Council interviews, attended The Coalition for Humane Immigrant Rights, a Youth Council meeting, and she was a guest speaker for a Government class at Royal High School. She reported she attended the Ventura Council of Governments (VCOG) annual dinner held in Santa Paula at the historic train depot, the Rancho Simi Recreation and Park District (RSRPD) 60th anniversary, and the Day of the Dead Celebration at Strathearn Historical Park.
Mayor Pro Tern Cavanaugh reported she attended the Simi Valley Veterans Foundation meeting, a Celebration of Life Memorial for community member Debbie Thomas, the Economic Development Collaborative (EDC) General Board meeting, and the Rancho Simi Recreation and Park District (RSRPD) 6Qth anniversary. 1160
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11 October 25, 2021
Mayor Mashburn reported he attended the Celebration of Life Memorial for community member Debbie Thomas . He also stated he met with a principal from SciArt and they toured the Simi Valley Cultural Arts Center . He also spoke about a Holiday Toy Drive sponsored by Simi Valley Police Explorers .
98. City Council/Board Member/Special District Member Requests for Future City Council Agenda Items:
Council Member Luevanos requested hybrid public statements and City Council meetings. Mayor Pro Tern Cavanaugh seconded the motion .
Council Member Luevanos questioned apartment owners charging tenants to park on their property . City Manager Gabler mentioned staff is looking into the matter.
ADJOURNMENT: Mayor/Chair/President Mashburn adjourned the meeting at 11 :07 p.m . to the meeting of November 8, 2021 at 6:30 p.m. There being no objections , the motion carried through acclamation.
Lucy Blanco, City Clerk/District/Auth
/Agency/Board Secretary
Keith L. Mashburn Mayor of the City of
Simi Valley, C 1fornia, Chair of the
Ventura County Waterworks District No. 8,
Simi Valley Industrial Development
Authority , Simi Valley Public Facilities
Financing Authority, Simi Valley Public
Financing Authority, Successor Agency to
the Simi Valley Community Development
Agency , and President of the Simi Valley
Library Board of Trustees
1161