Staff Report — Simi Valley City Council, July 17, 2023

ITY OF SIMI VALLEY

MEMORANDUM
July 17
, 2023
TO
: City Council
F
ROM: Department of Environmental Services
S
UBJECT: S ECOND READING OF ORDINANCE NO. 1351 TO CONSIDER CITY - INITIATED MUNICIPAL CODE AMENDMENT (Z -S-2023-0002) TO
AMEND PORTIONS OF TITLE 9 OF THE SIMI VALLEY MUNICIPAL

CODE TO ALLOW CARGO CONTAINERS TO BE USED FOR

RESIDENTIAL ACCESSORY STORAGE, A DETERMINATION THAT THE

AMENDMENTS ARE EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT

STAFF RECOMMENDATION
I
t is recommended that Ordinance No. 1351 be adopted.

BACKGROUND
T
he attached O rdinance No. 1351 was introduced for first reading at the City Council meeting of June 12, 2023, without modification.

F
or reference, attached as Attachment A (page 8), is a copy of the June 12, 2023, staff report.

SUGGESTED CITY COUNCIL MOTION
I
move to adopt Ordinance No. 1351.
___
_______________________________
Lucy Blanco
City Clerk
P
repared by: Lucy Blanco, City Clerk
INDEX Page
O
rdinance No. 1351……………………………………………………….2
Attachment A - June 12, 2023 Staff Report……………………………. 8 AGENDA ITEM NO.

8B
ORDINANCE NO. 1351

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SIMI VALLEY FOR CITY -INITIATED MUNICIPAL CODE
AMENDMENT (Z-S-2023-0002), TO AMEND PORTIONS OF
TITLE 9 OF THE SIMI VALLEY MUNICIPAL CODE TO

ALLOW CARGO CONTAINERS TO BE USED FOR
RESIDENTIAL ACCESSORY STORAGE; AND A

DETERMINATION THAT THE PROJECT IS EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

WHEREAS, in an effort to allow affordable storage options to City residents, the City of Simi Valley proposes to amend Title 9 of the Development Code (SVMC) (Z - S-2023-0002), to allow cargo containers to be used for residential accessory storage with a Zoning Clearance when in compliance with certain standards; and

WHEREAS, on March 29, 2023, the Planning Commission of the City of Simi Valley held a public hearing and recommended approval as amended of Z -S-2023- 0002; and the determination that the project is exempt from the California Environmental Quality Act; and

WHEREAS, on June 12, 2023, the City Council held a duly noticed public hearing on the proposed ordinance, where they considered evidence and testimony presented; and

WHEREAS, this ordinance is exempt from review under the California Environmental Quality Act (CEQA; California Public Resources Code Section 2100 et seq.) and CEQA regulations (Title 14, California Code of Regulations Section 1500, et seq.) pursuant to the provisions of Section 15061(b)(3), which states that: “A project is exempt from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.”

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

SECTION 1
. The findings in the Planning Commission staff report dated March 29, 2023, and the recitals set forth above are hereby adopted as findings.

SECTION 2. Various sections of Title 9 of the SVMC dealing with Cargo Containers are hereby amended as shown in Exhibit A, attached hereto.

SECTION 3. 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 2 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 4. 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.

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 reminder of this ordinance shall remain in full force and effect.

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

PASSED and ADOPTED this _________ day of ________ 2023.

Attest:

Lucy Blanco, City Clerk Fred D. Thomas, Mayor of the City of Simi Valley, California

Approved as to Form: Approved as to Content:

David L. Caceres, City Attorney Brian Paul Gabler, City Manager

Stratis Perros
Environmental Services Director

3 ORD. NO. 1351

EXHIBIT A

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

Cargo container used as accessory residential structures Part 1 - 9-44.070 Cargo Containers
9-44.070 Cargo Containers
B. General standards for cargo containers in all applicable zoning districts.

1. Screening and placement. All cargo containers shall not be visible from any public street. All cargo containers shall be screened from adjoining residential properties with a 10- foot wide landscaped buffer containing a combination of at least two specimen evergreen trees spaced no more than 20 feet from each other measured from the center of each tree within the required buffer area, shrubs, and screen plantings no less than eight feet tall spaced to provide a full screen hedge within a maximum of three years.

2. Signs. No signs shall be allowed on the cargo containers.

3. Colors. Cargo containers shall be the same color or a color compatible with that of the structure(s) on the site.

C.B. Standards for residential zoning districts. The following carg o container standards shall apply in all RM, RL, RVL, RE, and OS residential zoning districts.

1. Cargo containers may be allowed only when incidental to the allowed nonresidential use (e.g., church, synagogue, or other structure used for religious worship, school, or hospital) located on the site.

1. Cargo containers may be allowed as permanent incidental storage to residential uses on parcels at least 20,000 square feet in area, or on parcels with an Animal, Limited Animal or Horse Overlay. Incidental storage to residential uses shall comply with the following requirements:
a. Use. A cargo container s hall be non-habitable and used only for the storage of supplies, equipment, or other materials incidental to the approved Primary Residential Unit on site.
b. Location. Cargo containers can only be placed in yards on top of a concrete pad. In no instance, shall a cargo container be placed in any required parking spaces, driveways, easements or required yard setbacks. No cargo container shall be located closer than 10 feet from any side or rear property lines. Cargo containers shall not be allowed permanently in the front yard. Refer to Table 3-2 in Section 9-30.080.
c. Screening. All cargo containers shall be screened with a solid six foot high perimeter wall.
d. Colors. Cargo containers shall be painted in one (1) solid color, which is found on the primary residential unit on the site.
e. Limitations. Only one cargo container up to 160 square feet in size will be allowed per residential lot. The top of any cargo container shall not exceed a height of nine (9) feet as measured from abutting grade. No stacking of cargo 4 ORD. NO. 1351

containers shall be allowed. No storage of materials on top of cargo containers shall be allowed. Cargo container shall not be outfitted with electrical or plumbing connections.

2. On a residentially zoned parcel with an allowed nonresidential use (e.g., church, synagogue, or other structure used for religious worship, school, or hospital), cargo containers may be allowed only when incidental to the allowed nonresidential use located on the site. Cargo containers shall either be considered as part of a development permit application, or added to a developed site with a Zoning Clearance, subject to the following provisions:
a. Use. A cargo container shall be used only for the storage of s upplies, equipment, or other materials incidental to the approved primary land use on the site.
b. Location. In no instance shall a cargo container be placed in any required parking space, loading zone, drive aisle, easement, or landscaped area. No cargo container may be located closer than 20 feet from side or rear property line adjacent to residentially zoned property. c. Screening. All cargo Cargo containers shall not be visible from any public street. All cargo containers shall be screened from adjoining r esidential properties with a 10-foot wide landscaped buffer, containing a combination of at least two specimen evergreen trees, spaced no more than 20 feet from each other measured from the center of each tree within the required buffer area, shrubs, and screen plantings no less than eight feet tall spaced to provide a full screen hedge within a maximum of three years. d. Signs. No signs shall be allowed on the cargo containers. e. Colors. Cargo containers shall be painted in one (1) solid color, which is found on the primary structure on the site.
f. Limitations. The top of any cargo container shall not exceed a height of 10 feet as measured from abutting level land either on- site or off -site. No stacking of cargo containers shall be allowed. No storage of materials on top of cargo containers shall be allowed.

DC. Standards for commercial zoning districts. The following cargo container standards shall apply to the CI, CO, CPD, and CR zoning districts, except as otherwise provided in these regulations.

c. Location. Cargo containers may be allowed only in those zoning districts and locations which allow open storage, except as provided in Section 9-

44.110 (Outdoor storage).
d. Limitations. Cargo containers shall conform to the maximum height, minimum setback, and minimum distance between structure requirement s of the zoning district in which they are located. In no instance shall a cargo container be placed in any required parking space, loading zone, drive aisle, easement or landscaped area. The top of any cargo container shall not exceed a height of 10 feet as measured from abutting level land either on- site or off-site. No stacking of cargo containers shall be allowed. No storage of materials on top of cargo containers shall be allowed.

No cargo container may be located closer than 20 feet from any side or rear property line adjacent to residentially zoned property. (3) Limitations. The top of any cargo container shall not exceed a height of 10 feet as measured from abutting level land either on- site or off-site. No stacking of cargo containers shall be allowed. No storage of materials on top of cargo containers shall be allowed.

E
D.Standards for industrial zoning districts. The following standards shall apply to the LI and GI zoning districts, except as otherwise provided for in these regulations. Cargo containers shall either be considered as part of a development permit application, or added to a developed site with a Zoning Clearance, subject to the following provisions:

1. Allowed only in rear of principal structure. Cargo containers shall only be located within the following areas of the site:
a. LI zoning district. Cargo containers in the LI zoning district shall only be allowed in the area to the rear of the principal structure, or the rear two-thirds of the site, whichever would be more restrictive; and
b. GI zoning district. Cargo containers in the GI zoning district shall only be allowed to the rear of a line which is an extension of the front wall of the principal structure.

2. Use. A cargo container shall be used only for the storage of supplies, inventory, or equipment incidental to the approved primary nonresidential land use on the site.

A cargo container shall not be used or occupied as office, sales, retail distribution, or manufacturing space, or for vehicle parking, and may not be leased for use by any off-premises person, business, organization, or other entity. 6 ORD. NO. 1351

3. Location. Cargo containers may be allowed only in those zoning districts and locations which allow open storage, except as provided in Section 9- 44.110 (Outdoor storage).

4. Limitations. Cargo containers shall conform to the maximum height, minimum setback, and minimum distance between structure requirements of the zoning district in which they are located. In no instance shall a cargo container be placed in any required parking space, loading zone, drive aisle, easement, or landscaped area. The top of any cargo container shall not exceed a height of 10 feet as measured from abutting level land either on- site or off-site. No stacking of cargo containers shall be allowed. No storage of materials on top of cargo containers shall be allowed.

Part 2 – Section 9-30.080 – Setback and Separation Requirements and Exceptions

Table 3 -2 – SETBACKS FOR ARCHITECTURAL FEATURES AND ACCESSORY

STRUCTURES

Structure Minimum Required Setback
Front Street Side Side Rear
Cargo Containers
(Residential Storage) * ++
Not Allowed 10 feet

++ Allowed on residential lots 20,000 square feet or greater, or with an A, L, or H Overlay, pursuant to Section 9-44.070(C)(1)(b).

7 ORD. NO. 1351
CargocontainersCCmtg6-12-23(klk)

CITY OF SIMI VALLEY

MEMORANDUM
June 12,
2023
TO: City
Council
FRO
M: Department of Environmental Services
SUBJE
CT: A PUBLIC HEARING TO CONSIDER CITY-INITIATED MUNICIPAL CODE AMENDMENT (Z-S-2023-0002) TO AMEND PORTIONS OF TITLE 9 OF

THE SIMI VALLEY MUNICIPAL CODE TO ALLOW CARGO CONTAINERS

TO BE USED FOR RESIDENTIAL ACCESSORY STORAGE, A

DETERMINATION THAT THE AMENDMENTS ARE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT ; AND INTRODUCTION

OF AN ORDINANCE

RECOMMENDATION
The P
lanning Commission recommends that the City Council introduce an ordinance (page 8) amending portions of Title 9 of the Simi Valley Municipal Code (Z-S-2023-0002) to allow cargo containers to be used for residential accessory storage with a Zoning Clearance, and a determination that the amendments are exempt from the California Environmental Quality Act.

BACKGROUND AND OVERVIEW
On June
13, 2022, the City Council requested further discussion on the use of cargo containers for permanent storage on properties with existing residential use . On August 22, 2022, Staff presented the advantages and disadvantages of allowing cargo containers as accessory storage on residential lots. At the conclusion of that discussion , the City Council directed Staff to return with proposed amendments to allow cargo containers as residential accessory storage.

The S
imi Valley Municipal Code (SVMC) currently permits the permanent placement of cargo containers as storage on residential zoned lots where the primary use is a non- residential use, such as a church, synagogue, school or hospital (SVMC 9- 44.070).

Where the primary use is residential, cargo containers are not allowed for permanent storage. However, cargo containers, of up to 128 square feet in size, may be temporarily placed on a residentially used lot for up to 28 days with a Temporary Use Permit (TUP) , or as long as a valid and active building permit is maintained (SVMC Section 9-52.080).

The pr
oposed C ode amendment s would allow cargo containers to be used for permanent placement on residentially used lots for accessory storage, with the issuance of a Zoning Clearance , when in compliance with set standards (see Findings below).

AGENDA ITEM NO.

ATTACHMENT A
8 CargocontainersCCmtg6-12-23(klk)
Staff pr
esented the proposed C ode amendments to all four (4) of the Neighborhood Council Executive Boards in March of 2023. Neighborhood Council #1 voted to approve the amendments, with modifications, such as limiting cargo container height, size, and allowing the containers on larger lots. The remaining Neighborhood Councils voted to oppose the proposed amendments, citing concerns over safety, enforcement, and public visibility of the cargo container units.

The pr
oposed amendments were presented at the March 29, 2023 Planning Commission public hearing for Z-S- 2023-0002, where the Planning Commission voted 3-0, recommending approval of the amendments. The Planning Commission recommendation included the following modifications:
• Incr
ease the minimum lot size to allow a cargo container on lots with a minim um area of 20,000 square feet;
• Limit height of the container to nine feet; and
• Require placement of the container on a concrete pad.

The Planning Commission’s meeting minutes and resolution are provided in Exhibit 1 (page 15). The Planning Commission’s staff report is attached as Exhibit 2 (page 28).

NDINGS AND ALTERNATIVES
Cargo containers come in different shapes and sizes and are intended for the transport of goods. Staff performed comprehensive research on cargo containers, their advantages and disadvantages as storage, and reviewed C ode amendments with the City Council, Planning Commission, and Neighborhood Councils. The proposed standards for the use of cargo containers as residential accessory storage are in the proposed Ordinance No. 1351 (page 8). Table 1 summarizes the proposed standards.

Table 1. P
roposed Standards for Cargo Containers Used for Residential Accessory Storage
Allowed Zones RM, RL, RVL, RE, OS or Animal, Limited Animal and Horse Overlay
Minimum Lot Size 20,000 square feet
Allowed Number of
Containers
One (1) per lot
Maximum Size 160 square feet
Maximum Height Nine (9) feet, no stacking
Setbacks 10 feet from side and rear yard property lines; not allowed in the front yard, per the front yard definition in SVMC Chapter 9-80.

Screening
Requirements
Six (6) foot tall perimeter wall
Colors Painted one (1) solid color found on the primary residence Placement
Requirements
Atop concrete pad
Plumbing and
Electricity
None allowed
Entitlements Zoning Clearance
9 CargocontainersCCmtg6-12-23(klk)
Wi
th direction from the Neighborhood Councils and the Planning Commission, Staff recommends standards that have the potential to mitigate impacts of cargo containers on residentially used lots. The proposed larger lot si zes of 20,000 square feet or more, a deeper setback requirement of 10 feet from rear and side yard property lines, and limited height of nine feet, have the potential to reduce and/or minimize the visibility of a cargo container from public and neighboring views. Per Simi Valley Municipal Code, currently most accessory structures may be setback less than 10 feet on much smaller lots, but are required to match the primary residence when surpassing 120 square feet. These more stringent standards would provide for a significant buffer between neighboring properties. Additionally, Staff proposes a reduced allowable size for the cargo containers to 160 square feet, as detailed in Figure 1.

Fi
gure 1. 160-square-foot cargo container dimension
Sta
ff also considered safety concerns of cargo containers. As such, cargo containers may not be habitable, as they are not structures and shall not be outfitted with electricity and plumbing fixtures, nor issued a building permit. Additionally, to reduce potential soils contamination by used cargo containers, the Planning Commission recommends placing cargo containers atop concrete pads.

It
should be noted that expanding the allowed use of cargo containers to residentially zoned lots could lead to an expectation tha t all standards (i.e. setbacks, size limits, and aesthetics) be enforced when not followed. The placement of any object on private property, when not visible from the public right of way presents enforcement challenges as alleged violations may be impossible to substantiate; and therefore, limiting enforcement by the City. 10 CargocontainersCCmtg6-12-23(klk)
The findings and supporting evidence for approval of Z-S-2023-0002 are provided in the Planning Commission’s staff report, and incorporated herein by reference (refer to Exhibit 2).

Th
e following alternatives are available to the City Council:

1. Th
e Planning Commission recommends that the City Council introduce an ordinance amending portions of Title 9 of the Simi Valley Municipal Code (Z-S- 2023-0002), to allow cargo containers to be used for residential accessory storage;

2. Mak
e modifications and introduce an ordinance amending portions of Title 9 of the Simi Valley Municipal Code (Z -S-2023-0002), to allow cargo containers to be used for residential accessory storage;

3. Do not
introduce an ordinance and provide staff with further direction.

Th
e Planning Commission recommends Alternative No. 1.

SUGGESTED CITY COUNCIL MOTION
I move t
o introduce ordinance 1351 amending portions of Title 9 of the Simi Valley Municipal Code (Z -S-2023-0002), to allow cargo containers to be used for residential accessory storag e and a determination that the amendments are exempt from the California Environmental Quality Act.

SUMMARY
At
the request of the City Council on August 22, 2022, Staff initiated a Development Code Amendment (Z-S-2023-0002), to allow cargo containers as permanent residential storage on residentially used lots with a minor Zoning Clearance, similar to the allowance of cargo containers on residential lots with a primary use that is not residential. The amendments were heard by all Neighborhood Councils in March of 2023, where three of the four Councils recommended denial of the amendments, and one recommended approval with amendments. The Planning Commission heard the item on March 29 , 2023, and recommended approval by a 3- 0 vote with amendments to the allowable lot size, container size, and height. The Planning Commission recommends that the City Council introduce an ordinance and determine that the amendments are ex empt from the California Environmental Quality Act.
______
______________________________
Stratis Perros
Environmental Services Director
Pr
epared by: Zarui Chaparyan, Associate Planner
11 CargocontainersCCmtg6-12-23(klk)
INDEX Page
Publi
c Hearing Procedure ............................................................................................... 6 Ordinance No. 1351 for Z-S-2023-0002 .......................................................................... 8 Attachment A – CEQA Notice of Exemption .................................................................. 14 Exhibit 1 – March 29, 2023 Planning Commission Resolution and Minutes ..................15 Exhi
bit 2 – March 29, 2023 Planning Commission Staff Report and Supplemental Staff Report ................................................................................................................... 28 12 CargocontainersCCmtg6-12-23(klk)
PUBL

IC HEARING PROCEDURE
HE
ARING DATE: June 12, 2023

1. CIT
Y CLERK: This is the time and place set for a public hearing to consider City-initiated Municipal Code amendment (Z-S-2023-0002), to allow cargo containers to be used for residential accessory storage, and a determination that the amendments are
exempt from the California Environmental Quality Act (Read by City Clerk including reading of Resolution AND/OR
Ordinance if applicable)

2. MA
YOR: May we have an oral report on this matter by staff?

3. STA
FF: (Report)

4. MA
YOR: Any questions of staff from City Council Members?
(Questions of staff and staff response)

5. MA
YOR: At this time I would like to open the hearing for anyone in the City Council Chambers wishing to be heard on this matter?

6. AUDI
ENCE: Public Testimony and Comments

7. MA
YOR: Does staff desire to respond to any comments or issues raised?

8. STA
FF: (Response to comments and additional City Council
questions)

9. MA
YOR: The hearing is now closed.

10. MA
YOR: Any further comments or questions from City Council Members? (Note: If the City Council has any further questions of staff, the Public Hearing may need to be re-opened.)

11. MA
YOR: I will now entertain a motion.

12. ANY

COUNCIL
MEMBER : City Council Actions (by motion of any Council Member):
1) Int
roduce, modify, or not introduce Ordinance No. 1351
(does not require a second or a vote; requires reading of ordinance);
* Any
action to refer the matter back to staff or to continue the matter requires a second and a vote.
13 CargocontainersCCmtg6-12-23(klk)

13. ANY

COUNCIL
MEMBER : Second

14. MA
YOR: (Call for vote)

15. MA
YOR: Proceed to the next item.
14 CargocontainersCCmtg6-12-23(klk)
ORDI
NANCE NO. 1351
AN O

RDINANCE OF THE CITY COUNCIL OF THE CITY OF

SIMI VALLEY FOR CITY -INITIATED MUNICIPAL CODE
AMENDMENT (Z-S-2023-0002), TO AMEND PORTIONS OF
TITLE 9 OF THE SIMI VALLEY MUNICIPAL CODE TO

ALLOW CARGO CONTAINERS TO BE USED FOR
RESIDENTIAL ACCESSORY STORAGE; AND A

DETERMINATION THAT THE PROJECT IS EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WH
EREAS, in an effort to allow affordable storage options to City residents, the City of Simi Valley proposes to amend Title 9 of the Development Code (SVMC) (Z - S-2023-0002), to allow cargo containers to be used for residential accessory storage with a Zoning Clearance when in compliance with certain standards; and WH
EREAS, on March 29, 2023, the Planning Commission of the City of Simi Valley held a public hearing and recommended approval as amended of Z -S-2023- 0002; and the determination that the project is exempt from the California Environmental Quality Act; and
WH
EREAS, on June 12, 2023, the City Council held a duly noticed public hearing on the proposed ordinance, where they considered evidence and testimony presented; and
WH
EREAS, this ordinance is exempt from review under the California Environmental Quality Act (CEQA; California Public Resources Code Section 2100 et seq.) and CEQA regulations (Title 14, California Code of Regulations Section 1500, et seq.) pursuant to the provisions of Section 15061(b)(3), which states that: “A project is exempt from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.”
NOW
, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES ORDAIN AS FOLLOWS:

SE
CTION 1. The findings in the Planning Commission staff report dated March 29, 2023, and the recitals set forth above are hereby adopted as findings.

SE
CTION 2. Various sections of Title 9 of the SVMC dealing with Cargo Containers are hereby amended as shown in Exhibit A, attached hereto.

SE
CTION 3. 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 15 CargocontainersCCmtg6-12-23(klk)
36933 o
f 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.

SE
CTION 4. 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.

SE
CTION 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 reminder of this ordinance shall remain in full force and effect.

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

PASSED
and ADOPTED this _________ day of ________ 2023.

At
test:

Lucy Blanco, City Clerk Fred D. Thomas, Mayor of the City of Simi Valley, California
Ap
proved as to Form: Approved as to Content:

David L. Caceres, City Attorney Brian Paul Gabler, City Manager Stratis Perros
Environmental Services Director
ORD. NO. 1351
16 CargocontainersCCmtg6-12-23(klk)
EXHI
BIT A
Amen
dments to the following sections of Title 9 of the Simi Valley Municipal Code are shown below. Revised code sections are shown as underlined text. Deletions are shown as strikethrough text.

Carg
o container used as accessory residential structures
Part 1 - 9-44.070 Cargo Containers
9-44.070 Cargo Containers
B. General standards for cargo containers in all applicable zoning districts.

2. Signs. No signs shall be allowed on the cargo containers.

3. Colors. Cargo containers shall be the same color or a color compatible with that of the structure(s) on the site.

C.B. Standards for residential zoning districts. The following carg o container standards shall apply in all RM, RL, RVL, RE, and OS residential zoning districts.

DC. Standards for commercial zoning districts. The f ollowing cargo container standards shall apply to the CI, CO, CPD, and CR zoning districts, except as otherwise provided in these regulations.

ORD. NO. 1351
18 CargocontainersCCmtg6-12-23(klk)
c. Locati
on. Cargo containers may be allowed only in those zoning districts and locations which allow open storage, except as provided in Section 9-

ED.Standards for industrial zoning districts. The following standards shall apply to the LI and GI zoning districts, except as otherwise provided for in these regulations. Cargo containers shall either be considered as part of a development permit application, or added to a developed site with a Zoning Clearance, subject to the following provisions:

2. Use. A cargo container shall be used only for the storage of supplies, inventory, or equipment incidental to the approved primary nonresidential land use on the site.

ORD. NO. 1351
19 CargocontainersCCmtg6-12-23(klk)

3. Locati
on. Cargo containers may be allowed only in those zoning districts and locations which allow open storage, except as provided in Section 9- 44.110 (Outdoor storage).

Part
2 – Section 9-30.080 – Setback and Separation Requirements and Exceptions Table
3 -2 – SETBACKS FOR ARCHITECTURAL FEATURES AND ACCESSORY

STRUCTURES
Structure Minimum Required Setback
Front Street Side Side Rear
Cargo Containers
(Residential Storage) * ++
Not Allowed 10 feet
++ Allowed on residential lots 20,000 square feet or greater, or with an A, L, or H Overlay, pursuant to Section 9-44.070(C)(1)(b).

ORD. NO. 1351
20 ATTACHMENT A
CargocontainersCCmtg6-12-23(klk)

NOTICE OF EXEMPTION
To: County Clerk From: City of Simi Valley
County of Ventura 2929 Tapo Canyon Road
800 S. Victoria Avenue Simi Valley, CA 93063
Ventura, CA 93001
Proje
ct Title: Z-S-2023-0002
Pro
ject Location - Specific: City Wide
Pro
ject Location - City: Simi Valley Project Location - County: Ventura Des
cription of Project: Z-S-2023-0002 will revise portions of Title 9 of the Simi Valley Municipal Code to modify standards and regulations for the allowance of cargo containers as residential accessory storage.

Nam
e of Public Agency Approving Project: City of Simi Valley Date of Approval
Nam
e of Person or Agency Carrying Out Project: City of Simi Valley Exem
pt Status: (check one)
Ministerial [Se c. 21080(b)(1); 15268];
Declared Emergency [Sec. 21080(b)(3); 15269(a)];
Emergency Project [Sec. 21080(b)(4);15269(b)(c)];
__ Categorical Exemption - State type and section number Statutory Exemptions - State code number
X General Rule [Sec. 15061(b)(3)]
Tex
t of exemption and reasons why project is exempt:

Sec
tion 15061(b) (3) states that: “A project is exempt from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.”
The proposed amendments to the Development Code provide minor modifications that would allow the use of cargo containers for residential accessory storage. Establishment of these standards will not create a significant impact on the environment. Therefore, the project i s exempt from CEQA pursuant to Section 15061(b) (3) of the State CEQA Guidelines.

Lead Ag
ency Contact Person: Zarui Chaparyan Area Code/Telephone (805) 583-6774 Signa
ture: Date: 6/12/2023 Title: Associate Planner
Zarui Chaparyan Dept. of Environmental Services
X Signed by Lead Agency
21 EXHIBIT 1

PLANNING COMMISSION RESOLUTION

AND MEETING MINUTES
MARCH 29, 2023
22 RESOLUTION NO. SVPC 05-2023

A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SIMI VALLEY TO CONSIDER CITY
INITIATED TEXT AMENDMENTS (Z-S-2023-0002) TO
REVISE PORTIONS OF TITLE 9 OF SIMI VALLEY

MUNICIPAL CODE, TO ALLOW THE USE OF CARGO

CONTAINERS AS RESIDENTIAL ACCESSORY STORAGE
STRUCTURES; AND A DETERMINATION THAT THE

AMENDMENTS ARE EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT AS AMENDED
WHEREAS, at the August 22, 2022 City Council meeting, the City Council directed the Department of Environmental Services to prepare potential amendments to Title 9 of the Simi Valley Municipal Code to modify standards and regulations for the allowance of cargo containers as residential accessory storage; and WHEREAS, the proposed amendments to the Simi Valley Municipal Code provide specific development standards pertaining to cargo containers used as residential accessory storage; and
WHEREAS, the proposed amendments are exempt from review under the California Environmental Quality Act (CEQA; California Public Resources Code Section 2100 et seq.) and CEQA regulations (Title 14, California Code of Regulations Section 15000, et seq.) because the amendments are covered by the Common Sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061 (b) (3)).

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

SECTION 1. The findings, for approval, for Z-S-2023-0002, contained in the Planning Commission staff report dated March 29, 2023, and incorporated herein by reference, are hereby recommended to the City Council for approval.

SECTION 2. Development Code Amendment No. Z-S-2023-0002 as specified in Exhibit A, attached hereto, are hereby recommended to the City Council for adoption.

SECTION 3. The time within which judicial review must be sought for administrative decisions is governed by California Code of Civil Procedure Section 1094.6.
2S20230002 PC Staff Report Reso (mg)
23 RES. NO. SVPC 05-2023
PASSED and ADOPTED this 29th day of March 2023.

Attest:

Megan Grai
Office Specialist II
Tolson, Chairperson
Pl nning Commission
David Caceres
City Attorney
Approved as to Content:

JL4 ~
Sean Gibson
Deputy Environmental Services Director/
City Planner
2 2S2023 0002 PC Staff Report Reso (mg)
24 RES. NO. SVPC 05-2023
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Simi Valley, California, at a regular meeting held on March 29, 2023, by the following vote:

AYES:

NAYS:

Commissioner Mayer; Vice Chairperson Rice; and Chairperson Tolson
None
ABSTAIN: None
ABSENT: Commissioners Mann and Kennedy
ATTEST:

Megan Grai
Office Specialist II
3 ZS20230002 PC Staff Report Reso (mg)
25 RES. NO. SVPC 05-2023
ZS20230002 PC Staff Report Reso (mg)
4 Exhibit A
The following summarizes the proposed zone text amendments for regulating the use of cargo containers. Please note that only the se ctions that are being modified are shown.

New language is shown as underlined, while deleted language is shown as strikethrough.

Cargo container used as accessory
residential structures
Part 1 - 9-44.070 Cargo Containers
9-44.070 Cargo Containers
B. General standards for cargo containers in all applicable zoning districts.

1. Screening and placement. All cargo containers shall not be visible from any public street. All cargo containers s hall be screened from adjoining residential properties with a 10-foot wi de landscaped buffer containi ng a combination of at least two specimen evergreen trees spaced no more than 20 feet from each other measured from the center of each tree within the required buffer area, shrubs, and screen plantings no less than eight feet tall spaced to provide a full screen hedge within a maximum of three years.

2. Signs. No signs shall be allowed on the cargo containers.

3. Colors. Cargo containers shall be the same color or a color compatible with that of the structure(s) on the site.

C.B. Standards for residential zoning districts. The following cargo container standards shall apply in all RM, RL, RVL, RE, and OS residential zoning districts.

1. Cargo containers may be allowed on ly when incidental to the allowed nonresidential use (e.g., church, synagogue, or other structure used for religious worship, school, or hospital) located on the site.

30.080.
c. Colors. Cargo containers shall be paint ed in one (1) solid color, which is found on the primary residential unit on the site.
26 RES. NO. SVPC 05-2023
ZS20230002 PC Staff Report Reso (mg)
5 d. Limitations. Only one cargo container up to 160 square feet in size will be allowed per residential lot. The top of any cargo container shall not exceed a height of nine (9) feet as measured from abutting grade. No stacking of cargo containers shall be allowed. No storage of materials on top of cargo containers shall be allowed. Cargo container sha ll not be outfitted with electrical or plumbing connections.

2. On a residentially zoned parcel with an allowed nonresidential use (e.g., church, synagogue, or other structure used for religious worship, school, or hospital), cargo containers may be allowed only when incidental to the allowed nonresidential use located on the site. Cargo containers shall either be considered as part of a development permit application, or added to a developed site with a Zoning Clearance, subject to the following provisions:
a. Use. A cargo container shall be used only for the storage of supplies, equipment, or other materials incidental to the approved primary land use on the site.
b. Location. In no instance shall a car go container be placed in any required parking space, loading zone, drive aisle, easement, or landscaped area. No cargo container may be located closer than 20 feet from side or rear property line adjacent to residentially zoned property. c. Screening. All cargo Cargo container s shall not be visible from any public street. All cargo contai ners shall be screened from adjoining residential properties with a 10-foot wide landscaped buffer, containing a combination of at least two specimen evergreen trees, spaced no more than 20 feet from each other measured from the center of each tree within the required buffer area, shrubs, and screen plantings no le ss than eight feet tall spaced to provide a full-screen hedge within a maximum of three years. d. Signs. No signs shall be allo wed on the cargo containers. e. Colors. Cargo containers shall be pai nted in one (1) solid color, which is found on the primary residential unit on the site.
f. Limitations. The top of any cargo cont ainer shall not exceed a height of 10 feet as measured from abutting level la nd either on-site or off-site. No stacking of cargo containers shall be a llowed. No storage of materials on top of cargo containers shall be allowed.

DC. Standards for commercial zoning districts. The following cargo container standards shall apply to t he CI, CO, CPD, and CR zoning districts, except as otherwise provided in these regulations.

44.110 (Outdoor storage).
d. Limitations. Cargo containers s hall conform to the maximum height, minimum setback, and minimum dist ance between structure requirements of the zoning district in which they are located. In no instance shall a cargo container be placed in any required parking space, loading zone, drive aisle, easement or landscaped area. The top of any cargo container shall not exceed a height of 10 feet as measured from abutting level land either on- site or off-site. No stacking of cargo containers shall be allowed. No storage of materials on top of cargo containers shall be allowed.

No cargo container may be located closer than 20 feet from any side or rear property line adjacent to residentially zoned property. (3) Limitations. The top of any cargo container shall not exceed a height of 10 feet as measured from abutting level land either on-site or off-site. No stacking of cargo containers shall be allowed. No storage of materials on top of cargo containers shall be allowed.

ED.Standards for industrial zoning districts. The following stand ards shall apply to the LI and GI zoning districts, except as otherwise provided for in these regulations. Cargo containers shall either be considered as par t of a development permit application, or added to a developed site with a Zoning Clearance, subject to the following provisions:

1. Allowed only in rear of principal stru cture. Cargo containers shall only be located within the following areas of the site:
a. LI zoning district. Cargo containers in the LI zoning district shall only be allowed in the area to the rear of the principal structure, or the rear two-thirds of the site, whichever would be more restrictive; and
b. GI zoning district. Cargo containers in the GI zoning district shall only be allowed to the rear of a line which is an extension of the front wall of the principal structure.

2. Use. A cargo container shall be used only fo r the storage of supplies, inventory, or equipment incidental to the approved primary nonresidential land use on the site.

A cargo container shall not be used or occupied as office, sales, retail distribution, 28 RES. NO. SVPC 05-2023
ZS20230002 PC Staff Report Reso (mg)
7 or manufacturing space, or for vehicle parking, and may not be leased for use by any off-premises person, business, organization, or other entity.

3. Location. Cargo containers may be allo wed only in those zoning districts and locations which allow open storage, except as provided in Section 9-44.110 (Outdoor storage).

4. Limitations. Cargo containers shall co nform to the maximum height, minimum setback, and minimum distance between st ructure requirements of the zoning district in which they are located. In no instance shall a cargo container be placed in any required parking space, loading zone, drive aisle, easement, or landscaped area. The top of any car go container shall not exceed a height of 10 feet as measured from abutting level land either on -site or off-site. No stacking of cargo containers shall be allowed. No storage of materials on top of cargo containers shall be allowed.

Part 2 – Section 9-30.080 – Setback and Separation Requirements and Exceptions Table 3-2 – SETBACKS FOR ARCHITE CTURAL FEATURES AND ACCESSORY

STRUCTURES

Structure Minimum Required Setback
Front Street Side Side Rear
Cargo Containers
(Residential Storage) * ++
Not Allowed 10 feet
++ Allowed on residential lots 10,000 square feet or greater, or with an A, L, or H Overlay, pursuant to Section 9-44.070(C)(1)(b).
29 MINUTES OF THE MEETING OF THE

PLANNING COMMISSION

MOBILE HOME RENT MEDIATION BOARD

TREE ADVISORY BOARD
City Council Chamber March 29, 2023
2929 Tapo
Canyon Road
Simi Valley, CA 93063

1. CALL TO ORDER
The regular meeting of the Planning Commission of the City of Simi Valley was called to order at 6:29 p.m.

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL

Present: Commissioners Mayer; Vice C hairperson Rice; Chairperson Tolson

Absent: Commissioners Mann and Kennedy

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

5. APPROVAL OF MINUTES – January 4, 2023. January 18, 2023, and March 1, 2023
It was the consensus of the Commission to approve the minutes as submitted.

6. DECLARATION OF CONFLICT – None

7. PUBLIC STATEMENTS – None

8. CORRESPONDENCE – None

9. CONSENT CALENDAR – None

10. CONTINUED BUSINESS - None

11. NEW BUSINESS
A. PUBLIC HEARINGS
30 Planning Commission Meeting
Mobile Home Rent Mediation Board
Tree Advisory Board Minutes – Page 2 March 29, 2023

1. Z-S-2023-0003; City of Simi Vall ey: To consider Z-S-2023-0003, to revise portions of Title 9 of the Simi Valley Municipal Code regulating accessory dwelling units; and a determination that the amendments are exempt from the California Environmental Quality Act Location: City Wide
Staff Contact: Naren Gunasekera
(805) 583-6863
There were no ex parte communications to report.

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

Senior Planner Naren Gunasekera gave a presentation of the staff report.

Chairperson Tolson opened the public testimony portion of the hearing.

Chairperson Tolson closed the public testimony portion of the hearing.

Commission comments:

Commissioner Mayer stated not seeing the benefit of Accessory Dwelling Units for Simi Valley residents and how it can help solve the housing crisis.

Vice Chairperson Rice stated although he does not agree with all changes in State Law, he appreciates Staff’s efforts regarding preparing design guidelines to retain some local control.

Chairperson Tolson stated he is in consensus with Mayer and Rice, unfortunately Simi Valley must follow the requirements set by the State.

VICE CHAIRPERSON RICE MOVED THAT THE

PLANNING COMMISSION OF THE CITY OF SIMI

VALLEY RECOMMEND APPROVAL TO CITY

COUNCIL A DEVELOPMENT CODE AMENDMENT
NO. Z-S-2023-0003 PERTAIN ING TO ACCESSORY
DWELLING UNITS; AND A DETERMINATION THAT

THE AMENDMENTS ARE EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Chairperson Tolson seconded the motion.
31 Planning Commission Meeting
Mobile Home Rent Mediation Board
Tree Advisory Board Minutes – Page 3 March 29, 2023
AYES: Vice Chairperson Rice; and Chairperson
Tolson
NAYS: Commissioner Mayer
ABSTAIN: None
ABSENT: Commissioners Mann and Kennedy
There is no appeal period and the recommendation will
move forward to the City Council.

2. Z-S-2023-0002; City of Simi Valley: To consider City-initiated text amendments (Z-S-2023-0002), to revi se portions of Title 9 of the Simi Valley Municipal Code to allo w the use of cargo containers as residential accessory storage struct ures; and a determination that the amendments are exem pt from the Califor nia Environmental Quality Act
Location: City Wide
Staff Contact: Zarui Chaparyan
(805) 583-6774
There were no ex parte communications to report.

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

Assistant Planner Zarui Chaparyan gave a presentation of the staff report.

Chairperson Tolson opened the public testimony portion of the hearing.

Chairperson Tolson closed the public testimony portion of the hearing.

Commission comments:

Commissioner Mayer stated uncertainty about the benefit of cargo containers for homeowners while also understanding cert ain homeowners may prefer a cargo container compared to a pre-made shed.

Vice Chairperson Rice under stands homeowners in hors e properties benefiting from cargo containers but does not see the benefit for those in standard residential zone. Vice Chairperson Rice stated diffi culty of enforcement within homeowner’s backyards.
32 Planning Commission Meeting
Mobile Home Rent Mediation Board
Tree Advisory Board Minutes – Page 4 March 29, 2023

VICE CHAIRPERSON RICE MOVED THAT THE

PLANNING COMMISSION OF THE CITY OF SIMI

VALLEY RECOMMEND APPROVAL TO CITY

COUNCIL A RESOLUTION APPROVING CITY-
INITIATED TEXT AMENDMENTS (Z-S-2023-0002)
TO REVISE PORTIONS OF TITLE 9 OF SIMI VALLEY

MUNICIPAL CODE, TO ALLOW THE USE OF

CARGO CONTAINERS AS RESIDENTIAL

ACCESSORY STORAGE AS AMENDED TO

INCLUDE CONCRETE PAD, HEIGHT LIMIT OF
NINE-FEET, AND A MINIMU M LOT SIZE OF 20,000
SQUARE-FEET; AND A DETERMINATION THAT

THE AMENDMENTS ARE EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Commissioner Mayer seconded the motion.

AYES: Commissioner Mayer; Vice Chairperson
Rice; and Chairperson Tolson
NAYS: None
ABSTAIN: None
ABSENT: Commissioners Mann and Kennedy
There is no appeal period and the recommendation will
move forward to the City Council.

B. OTHER

1. Discussion and Request for Dir ection on Residential Design Guidelines for Accessory Structures. The following
recommendations were made for accessory structures on residential lots: allow metal structures for garages, carports, and sheds; metal structures to match one color from the primary structure with any roof style; allow metal structures in residential zones; co dify that the maximum size of accessory structures be limited to 30 percent of the habitable first floor of the primary structure or 1,200 square feet whichever is less; that accessory structures 500 square-feet or larger and 12 feet or more in height must have one similar siding material to match primary stru cture; and that acce ssory structure sizes ranging 1,200 to 2,000 square-feet require a Conditional Use Permit (CUP), and over 2,000 square-feet to be reviewed by the Planning Commission.
33 Planning Commission Meeting
Mobile Home Rent Mediation Board
Tree Advisory Board Minutes – Page 5 March 29, 2023

12. ORAL COMMUNICATIONS AND REPORTS
A. STAFF – None
B. PLANNING COMMISSION – None
C. MOBILE HOME RENT MEDIATION BOARD – None
D. TREE ADVISORY BOARD – None

13. ADJOURNMENT
The regular meeting of the Planning Commission of the City of Simi Valley was adjourned at 7:59 p.m. The next scheduled Planning Commission meeting is on April 12, 2023.

Minutes prepared by:

Megan Grai
34 EXHIBIT 2

PLANNING COMMISSION STAFF REPORT

AND SUPPLEMENTAL STAFF REPORT
MARCH 29, 2023
35 1
ZS20230002 PC Staff Report (mg)

CITY OF SIMI VALLEY

MEMORANDUM
Marc
h 29, 2023
TO: P
lanning Commission
FR
OM: Sean Gibson, Deputy Environmental Services Director/City Planner SUBJ
ECT: PUBLIC HEARING TO CONSIDER CITY-INITIATED TEXT
AMENDMENTS (Z-S-2023-0002), TO REVISE PORTIONS OF TITLE 9 OF

THE SIMI VALLEY MUNICIPAL CODE TO ALLOW THE USE OF CARGO CONTAINERS AS RESIDENTIAL ACCESSORY STORAGE; AND A

DETERMINATION THAT THE AMENDMENTS ARE EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT

RECOMMENDATION
St
aff recommends that the Planning Commission consider Z-S-2023-0002 and make a recommendation to the City Council, on whether to revise portions of Title 9 of the Simi Valley Municipal Code to allow the use of cargo containers as residential accessory storage, and a determination that the amendments are exempt from the California Environmental Quality Act.

BACKGROUND AND OVERVIEW
On J
une 13, 2022, the City Council requested that the use of cargo containers for permanent storage on residential properties be discussed. On August 22, 2022, staff presented a discussion item to the City Council on the pros and cons of placement of permanent cargo containers on residential properties, and the City Council directed staff to return with proposed amendments. The following is a proposed text amendment to allow the use of cargo containers as residential accessory storage.

ANALYSIS
Car
go containers are not traditional structures. Rather, the City defines a cargo container as “A box-shaped container that is no less than 35 square feet in floor area, constructed of metal, enclosed on all sides including top and bottom, including those units originally designed and built to store cargo for shipping by boat, train, or truck” (SVMC Section 9-

80.020). The Simi Valley Municipal Code (SVMC) currently allows the permanent placement of cargo containers on residential zoned lots, when the primary use is a non- residential use, such as a church, synagogue, school, or hospital. Cargo containers may be used only for the storage of supplies, equipment, or other materials incidental to the approved primary land use on the site (SVMC 9-44.070).

Ca
rgo containers are not currently allowed in the City ’s residential zones for permanent accessory storage when the primary use of a lot is residential dwelling. Cargo containers AGENDA ITEM NO.

11.A.2
36 2
ZS20230002 PC Staff Report (mg)
that are a maximum of 128 square feet in size, may be temporarily placed on residentially used lots for up to 28 days with a Temporary Use Permit (TUP), or as long as a valid and active building permit (SVMC Section 9-52.080) is maintained. This temporary placement of cargo containers allows residents to store goods while moving residences or during construction of their homes.

Si
nce 2019, 37 code enforcement cases have been opened for unpermitted cargo container placement on residential properties. Some c ommunity members have expressed interest in permanently placing cargo containers for storage at their residences, as an affordable and efficient alternative to conventional framed construction or prefabricated sheds. Some of the potential advantages and disadvantages of the use of cargo containers on residential properties are detailed below:

Advantages of Cargo Containers:

1. Eas
e of purchase and installation with a growing number of prefabricated container suppliers available.

2. Potentially more cost effective than wood-framed or metal-framed construction as they require little or no assembly and less labor to install.

3. May reduce the need for other construction materials like wood, brick, and cement.

Disadvantages of Cargo Containers:

1. Car
go containers may have potentially toxic chemicals and remediation can be time-consuming and costly.

2. As they are not traditional structures, cargo containers would not meet the requirements of the City’s residential design guidelines, which recommend that traditional accessory structures be built to be architecturally compatible with the main residence.

3. Screening may be an issue as the height of cargo containers (eight to ten feet) would exceed that of perimeter walls /fences that are allowed in most residential zones (six feet unless adjacent to an industrial or commercial zone, when the wall can be eight feet high).

St
aff surveyed 18 surrounding jurisdictions on their rules and regulations for cargo containers and presented findings to the City Council on August 22, 2022 (See Table 1).

Jurisdictions, such as City of Ventura and Ventura County allow the placement of cargo containers for storage without alterations, so long as containers meet development standards, such as lot coverage and height requirements. 37 3
ZS20230002 PC Staff Report (mg)
Table 1: Cargo Container Regulations in Other Jurisdictions Number of Jurisdictions Jurisdictions
Allowed without
Architectural
Modifications
6 - Ventura City
- Ventura County
- Santa Paula
- Lancaster
- Malibu
- Los Angeles County
Allowed with
Architectural
Modifications
3 - Thousand Oaks
- Santa Paula
- Santa Clarita
Allowed Temporarily 5 - Fillmore
- Santa Clarita
- San Fernando
- Calabasas
- Lancaster
Not Allowed 7 - Moorpark
- Oxnard
- Westlake Village
- Palmdale
- South Pasadena
- Agoura Hills
- Los Angeles City
Proposed Municipal Code Amendments
In r
esponse to the direction of the City Council, the suggested provisions to allow permanent placement of cargo containers on certain lots with residential dwellings are discussed below in conjunction with the result of staff’s research on cargo containers in other jurisdictions. Please see Exhibit A of the Resolution for the full text of the SVMC code sections with its proposed amendments.

1. Land Use: Based on Staff research, some jurisdictions allow cargo containers to be placed on larger rural or agricultural parcels as incidental. The City Council on August 22, 2022, recommended allowing cargo containers for storage on parcels at least 11,000 square feet in size.
• St
aff recommends allowing cargo containers for incidental storage on single family residentially zoned properties at least 10 ,000 square feet in size or on properties with an Animal, Limited Animal or Horse Overlay parcel, as these properties tend to be more ‘rural’ in nature.

2. Architectural Compatibility : Staff research found that some cities allow cargo containers as storage units if they are architecturally compatible and “match” the architecture of the primary residence (i.e., updates to the façade and roof pitch) .

While c urrent City of Simi Valley policy recommends that traditional accessory structures have the same façade and roof pitch of the primary residence, cargo 38 4
ZS20230002 PC Staff Report (mg)
containers are not traditional structures, and similar standards would not apply to cargo containers.
• As
they are not permitted as building structures, and given the potentially high costs of converting a cargo container to match a primary residence, Staff recommends that cargo containers be painted with one solid color found on the primary residence to maintain some level of architectural compatibility.

3. Location and Setbacks: To ensure adequate screening from public view with six - foot high perimeter and/or screening walls /fences, Staff recommends required setbacks for cargo containers of five feet from side yard property lines, and 10 feet from street side and rear yard property l ines. Cargo containers would not be allowed in the front yard.

4. Height Limitations : Several jurisdictions apply their accessory structure height standards to cargo containers, while others do not allow stacking. However, cargo containers are not structures, and their standard height s remain static, between eight and ten feet.
• St
aff recommends limiting cargo containers to a height of ten feet and not allowing stacking due to screening concerns.

5. Number of Containers: Staff recommends allowing one (1) cargo container up to 320 square feet in size on parcels of at least 10,000 square feet in area.

6. Entitlement Processing: Staff recommends a Zoning Clearance to entitle cargo containers for incidental storage on single family residentially zoned parcels. A site plan detailing setbacks, height, and color will be required at the time of submittal.

ENFORCEABILITY
It
should be noted that expanding the allowed use of cargo containers at residential homes could lead to an expectation that all standards (setbacks, maintenance, aesthetic) to be actionable when not followed. The placement of anything on private property not viewable from the public right of way presents enforcement challenges as alleg ed violations may not be able to be substantiated and therefore, no enforcement action can be taken.

NEIGHBORHOOD COUNCIL
Th
e proposed code amendment was heard by the Executive Boards of Neighborhood Council #1 on March 9, 202 3; Neighborhood Council # 2 on March 14, 202 3; Neighborhood Council #3 on March 16 , 2023; and Neighborhood Council #4 on March 21, 202 3. As the meetings concluded after the preparation of this Staff Report, a summary of the meeting will be provided as a supplemental Staff Report prior to the public hearing.
39 5
ZS20230002 PC Staff Report (mg)

FINDINGS
The pr
oposed zone text amendments for cargo containers are consistent with the following findings:

1. Development Code Text Amendment Findings (SVMC Section 9- 73.070):

The amendments are consistent with the General Plan, and are compatible with the purpose, intent, goals, policies, programs, and land use designations specified in the General Plan, in compliance with State law (Government Code Section 65860) in that the Cargo Container text amendments are consistent with the following General Plan Land Use policies:
a. Land Use Element Policy LU -5.1: “Locate and design development to assure compatibility among land uses, addressing such elements as building orientation and setbacks, buffering, visibility and privacy, automobile and truck access, pedestrian, and bicycle circulation safety, impacts of noise and lighting, landscape quality, and aesthetics.” The enhanced setbacks and stacking limitations facilitate screening , while requiring the color of the container to match the color o f the primary residence would ensure that the containers would be compatible with the residence.
b. Land Use Element Policy LU -8.4: “ Promote land development practices that reduce energy and water consumption, pollution, greenhouse gas emissions, and disposal of waste materials incorporating such techniques as…Recycling and/or salvaging for reuse of construction and demolition debris.” Cargo containers may be upcycled and repurposed for use as residential accessory storage instead of ending up in landfills .

Therefore, the proposed amendments are consistent with the General Plan.

2. Development Code Text Amendment Findings (SVMC Section 9 -73.070): The City has considered the effect of this amendment on the housing needs of the region and has balanced these needs against the public service needs of its residents and against available fiscal and environmental resources, in compliance with State law (G overnment Code Section 65863.6) , in that the proposed amendments to allow cargo containers as accessory storage for residential uses will not affect the housing needs in the region. Therefore, the proposed text amendment is consistent with this finding.

ENVIRONMENTAL REVIEW AND CEQA REQUIREMENTS
Th
e proposed amendments are exempt from review under the California Environmental Quality Act (CEQA; California Public Resources Code Section 2100 et seq.) and CEQA regulations (Title 14, California Code of Regulations Section 15000, et seq.) pursuant to Section 15061(b)(3), which states that: “A project is exempt from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for c ausing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” The proposed 40 6
ZS20230002 PC Staff Report (mg)
amendments to the Development Code provide minor modifications that include updating development standards to allow the use of cargo container s as incidental storage to residential uses. Establishment of these standards will not create a significant impact on the envi ronment. Therefore, the project is exempt from CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines. A copy of the Notice of Exemption is provided as Attachment A on page 14 .

INDEX Page
Planni
ng Commission Procedure ................................................................................... 7 Resolution ...................................................................................................................... 9 Exhibit A: Proposed Text Amendments ................................................................... 12 Attachment A: Notice of Exemption .............................................................................. 17 Exhibit 1: Cargo Container Rules and Regulations in Other Jurisdictions 41 7
ZS20230002 PC Staff Report (mg)

PLANNING COMMISSION PUBLIC HEARING PROCEDURE
HEA
RING DATE: March 29, 2023
Z-
S-2023-0002

1. CHAIRMAN: a) This is the time and place set for a public hearing on the consideration of Z-S-2023-0002 to amend portions of Title 9 to modify standards and regulations for the
allowance of cargo containers as residential accessory
storage and a determination that the amendments are
exempt from the California Environmental Quality Act.
b) Ar
e there any ex parte communications to report?
c) Ma
y we have an oral report on this matter by staff?

2. STAFF: (Report)

3. AN
Y
COMMISSIONER: (Questions of staff)

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

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

6. AUDIENCE: (Comments)

7. CHAIRMAN: a) Are there any comments from staff regarding statements made during the public hearing? (Check with Deputy Environmental Services Director/City Planner, and staff members in the audience.)
b) If
there are no further questions, we will close the
public testimony portion of the hearing.
c) Ar
e there any comments or questions from members
of the Planning Commission?

8. A
NY
COMMISSIONER: (Comments)

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

10. RE

CORDING
SECR ETARY: (Reads Number and Title of Resolution)
42 8
ZS20230002 PC Staff Report (mg)

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

12. A
NY
COM MISSIONER: I move to adopt a resolution recommending approval of Z-S-2023-0002 and a determination that the amendments
are exempt from the California Environmental Quality Act or
I m
ove to not recommend City Council adoption of the
proposed amendments.
[S
taff will prepare the resolution for the Planning Commission to ratify at the next meeting.]

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

14. CHAIRMAN: May I have a Second?

15. A
NY
COMMISSIONER: I second the motion.

16. CHAIRMAN: Call for the vote.

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

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

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

20. CHAIRMAN: Proceed to the next item.
43 9
ZS20230002 PC Staff Report (mg)
RE SOLUTION NO. SVPC 05-2023
A R

ESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF SIMI VALLEY TO CONSIDER CITY -
INITIATED TEXT AMENDMENTS (Z -S-2023-0002) TO
REVISE PORTIONS OF TITLE 9 OF SIMI VALLEY

MUNICIPAL CODE, TO ALLOW THE USE OF CARGO
CONTAINERS AS RESIDENTIAL ACCESSORY STORAGE;

AND A DETERMINATION THAT THE AMENDMENTS ARE

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
WH
EREAS, at the August 22, 2022, City Council meeting, the City Council directed the Department of Environmental Services to prepare potential amendments to Title 9 of the Simi Valley Municipal Code to modify standards and regulations for the allowance of cargo containers as residential accessory storage; and WH
EREAS, the proposed amendments to the Simi Valley Municipal Code provide specific development standards pertaining to cargo containers used as residential accessory storage; and
WH
EREAS, the proposed amendments are exempt from review under the California Environmental Quality Act (CEQA; California Public Resources Code Section 2100 et seq.) and CEQA regulations (Title 14, California Code of Regulations Section 15000, et seq.) because the amendments are covered by the “ Common Sense” exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061(b)(3)).

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

SECTION 1. The findings, for approval, for Z -S-2023-0002, contained in the Planning Commission staff report dated March 29, 2023, and incorporated herein by reference, are hereby recommended to the City Council for approval.

SECTION 2 . Development Code Amendment No. Z -S-2023-0002 as specified in Exhibit A, attached hereto, are hereby recommended to the City Council for adoption.

SECTION 3 . The time within which judicial review must be sought for administrative decisions is governed by California Code of Civil Procedure Section 1094.6.
44 RES. NO. SVPC 05-2023
10 ZS20230002 PC Staff Report (mg)
PASSED and ADOPTED this 29th day of March 2023.

At
test:
_______________________________
_______________________________
Megan Grai John Tolson, Chairperson
Office Specialist II Planning Commission
Ap
proved as to Form: Approved as to Content:
_______________________________
_______________________________
David Caceres Sean Gibson
City Attorney Deputy Environmental Services Director/
City Planner
45 RES . NO. SVPC 05-2023
11 ZS20230002 PC Staff Report (mg)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Simi Valley, California, at a regular meeting held on March 29, 2023, by the following vote:

AYES:

NAY
S:

ABST
AIN:

ABSENT
:

AT
TEST:

Megan Grai
Office Specialist II
46 RES. NO. SVPC 05-2023

EXHIBIT A
12 ZS20230002 PC Staff Report (mg)
The following summarizes the proposed zone text amendments for regulating the use of cargo containers. Please note that only the sections that are being modified are shown.

New language is shown as underlined, while deleted language is shown as strikethrough.

Part 1
SVMC 9-44.070 - Cargo Containers is hereby amended to read as follows: (Note that only the sections that are being modified are shown).
9-44.070 - Cargo Containers
A. Purpose. This Section provides development standards for the location and use of cargo containers in the residential and specified commercial and industrial zoning districts in the City.

B. General standards for cargo containers in all applicable zoning districts.

1. Screening and placement. All cargo containers shall not be vis ible from any public street. All cargo containers shall be screened from adjoining residential properties with a 10- foot wide landscaped buffer containing a combination of at least two specimen evergreen trees spaced no more than 20 feet from each other measured from the center of each tree within the required buffer area, shrubs, and screen plantings no less than eight feet tall spaced to provide a full screen hedge within a maximum of three years.

2. Signs. No signs shall be allowed on the cargo containers.

3. Colors. Cargo containers shall be the same color or a color compatible with that of the structure(s) on the site.

C.B. Standards for residential zoning districts. The following cargo container standards shall apply in all RM, RL, RVL, RE, and OS residential zoning districts.

2. Cargo containers shall either be considered as part of a development permit application, or added to a developed site with a Zoning Clearance, subject to the following provisions:

1. Cargo containers may be allowed as permanent incidental storage to residential uses on parcels at least 10,000 square feet in area, or on parcels with an Animal, Limited Animal or Horse Overlay. Incidental storage to residential uses shall comply with the following requirements:
a. Use.: A cargo container shall be non-habitable and used only for the storage of supplies, equipment, or other materials incidental to the approved Primary Residential unit on the site.
b. Location.: In no instance shall a cargo container be placed in any 47 RES. NO. SVPC 05-2023
13 ZS20230002 PC Staff Report (mg)
required parking space, loading zone, drive aisle, easement, or landscaped area. No cargo container may be located closer than 20 feet from any side or rear property line adjacent to residentially zoned property. Cargo containers can only be placed in yards with a minimum six -foot high perimeter and/or screening wall. I n no instance, shall a cargo container be placed in any required parking spaces, driveways, easements or required yard setbacks. No cargo container shall be located closer than 10 feet from the street side or rear property lines, and five feet from side yard property lines. Cargo containers shall not be allowed permanently in the front yard. Refer to Table 3-2 in Section 9-30.080.
c. Colors: Cargo containers shall be painted in one (1) solid color, which is found on the primary residential unit on the site.
d. Screening: Cargo containers shall not be visible from any public street. All cargo containers shall be screened from adjoining residential properties with a 10- foot wide landscaped buffer or six foot high perimeter and/or screening wall.
e. Limitations : Only one cargo container up to 320 square feet in size will be allowed per residential lot. The top of any cargo container shall not exceed a height of 10 feet as measured from abutting level land either on-site or off-site grade. No stacking of cargo containers shall be allowed. No storage of materials on top of cargo containers shall be allowed. Cargo container shall not be outfitted with electrical or plumbing connections.

2. On a residentially zoned parcel with an allowed nonresidential use (e.g., church, synagogue, or other structure used for religious worship, school, or hospital), cargo co ntainers may be allowed only when incidental to the allowed nonresidential use located on the site. Cargo containers shall either be considered as part of a development permit application, or added to a developed site with a Zoning Clearance, subject to the following provisions:
a. Use: A cargo container shall be used only for the storage of supplies, equipment, or other materials incidental to the approved primary land use on the site.
b. Location: In no instance shall a cargo container be placed in any required parking space, loading zone, drive aisle, easement, or landscaped area. No cargo container may be located closer than 20 feet from any side or rear property line adjacent to residentially zoned property.
c. Screening: Cargo containers shall not be visible from any public street. All cargo containers shall be screened from adjoining residential properties with a 10- foot wide landscaped buffer, containing a combination of at least two specimen evergreen trees, spaced no more than 20 feet from each other meas ured from the center of each tree within the required buffer area, shrubs, and 48 RES. NO. SVPC 05-2023
14 ZS20230002 PC Staff Report (mg)
screen plantings no less than eight feet tall spaced to provide a full screen hedge within a maximum of three years.
d. Limitations : The top of any cargo container shall not exceed a height of 10 feet as measured from abutting level land either on- site or off- site. No stacking of cargo containers shall be allowed. No storage of materials on top of cargo containers shall be allowed.

DC. Standards for commercial zoning districts. The following cargo container standards shall apply to the CI, CO, CPD, and CR zoning districts, except as otherwise provided in these regulations.

1. Cargo containers in the CI, CPD, and CR zoning districts. Cargo containers shall either be considered as part of a development permit application, or added to a developed site with a Zoning Clearance, subject to the following provisions:
a. Allowed only in rear half of site. Cargo containers shall only be located within the rear one-half of the site.
b. Use. A cargo container shall be used only for the storage of supplies, inventory, or equipment incidental to the approved primary nonresidential land use on the site. A cargo container shall not be used or occupied as office, sales, retail distribution, or manufacturing space, or for vehicle parking, and may not be leased for use by any off-premises person, business, organization or other entity. c. Location. Cargo containers may be allowed only in those zoning districts and locations which allow open storage, except as provided in Section 9-44.110 (Outdoor storage).
d. Limitations. Cargo containers shall conform to the maximum height, minimum setback, and minimum distance between structure requirements of the zoning district in which they are located. In no instance shall a cargo container be placed in any required parking space, loading zone, drive aisle, easement or landscaped area. The top of any cargo container shall not exceed a height of 10 feet as measured from abutting level land either on- site or off-site. No stacking of cargo containers shall be allowed. No storage of materials on top of cargo containers shall be allowed.

2. Cargo containers in the CO zoning district.
a. Cargo containers may be allowed in the CO zoning district only when incidental to the allowed use for a church, synagogue or other structure used for religious worship, school, or hospital on the site. b. Cargo containers shall either be considered as part of a development permit application, or added to a developed site with a Z oning Clearance, subject to the following provisions:
(1) Use. A cargo container shall be used only for the storage of supplies, equipment, or other materials incidental to the 49 RES. NO. SVPC 05-2023
15 ZS20230002 PC Staff Report (mg)
approv
ed primary land use on the site.
(2) Location. In no instance shall a cargo container be placed in any required parking space, loading zone, drive aisle,
easement, or landscaped area. No cargo container may be located closer than 20 feet from any side or rear property line adjacent to residentially zoned property.
(3) Limitations. The top of any cargo container shall not exceed a height of 10 feet as measured from abutting level land either on-site or off -site. No stacking of cargo containers shall be allowed. No storage of materials on top of cargo containers shall be allowed.

ED. Standards for industrial zoning districts. The following standards shall apply to the LI and GI zoning districts, except as otherwise provided for in these regulations. Cargo containers shall either be considered as part of a development permit application, or added to a developed site with a Zoning Clearance, subject to the following provisions:

1. Allowed only in rear of principal structure. Cargo containers shall only be located within the following areas of the site:
a. LI zoning district. Cargo containers in the LI zoning district shall only be allowed in the area to the rear of the principal structure, or the rear two-thirds of the site, whichever would be more restrictive; and b. GI zoning district. Cargo containers in the GI zoning district shall only be allowed to the rear of a line which is an extension of the front wall of the principal structure.

2. Use. A cargo container shall be used only for the storage of supplies, inventory, or equipment incidental to the approved primary nonresi dential land use on the site. A cargo container shall not be used or occupied as office, sales, retail distribution, or manufacturing space, or for vehicle parking, and may not be leased for use by any off -premises person, business, organization, or other entity.

3. Location. Cargo containers may be allowed only in those zoning districts and locations which allow open storage, except as provided in Section 9-

44.110 (Outdoor storage).

Sec
tion 9-30.080 – Setback and Separation Requirements and Exceptions Tabl
e 3 -2 – SETBACKS FOR ARCHITECTURAL FEATURES AND ACCESSORY

STRUCTURES
Structure Minimum Required Setback
Front Street Side Side Rear
Cargo Containers
(Incidental Residential
Storage) * ++
Not Allowed 10 feet 5 feet 10 feet
++ Allowed on residential lots 10,000 square feet or greater, or with an A, L, or H Overlay, pursuant to Section 9-44.070(C)(1)(b).
51 NOTICE OF EXEMPTION
To: County Clerk
County of Ventura
800 S. Victoria A venue
Ventura, CA 93001
From: City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
Project Title: Z-S-2023-000 2
Project Location - Specific: _C_i_ty.__W_id_e _
Project Location - City: S_i_m_i_V_a_l_le~y _ Project Location - County: Ventura Description of Project: Z-S-2023-000 2 will revise portions of Title 9 of the Simi Valley Municipal Code to modify standards and regulations for the allowance of cargo containers as residential accessory storage.

Name of Public Agency Approving Project: _C_i_ty.__o_f_S_i_m_i_V_a_l_le_.y _ Date of Approval
Name of Person or Agency Carrying Out Project: _ C_it~y_o_f _S_im_ i _V_a_ll_e~y _ Exempt Status: (check one)
Ministerial [Sec. 21080(b)( 1 ); 15268];
Declared Emergency [Sec. 21080(b)(3); 15269 (a)];
Emergency Project [Sec. 21080(b)(4);15269 (b)(c)];
Categorical Exemption - State type and section number _ Statutory Exemptions - State code number ---------------- - x General Rule [Sec. 15061 (b)(3)] Text of exemption and reasons why project is exempt:

Section 1 5061 (b) (3) states that: "A project is exempt from CEOA if the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEOA."
The proposed amendments to the Development Code provide minor modifications that would allow the use of cargo containers for residential accessory storage. Establishment of these standards will not create a significant impact on the environment. Therefore, the project is exempt from CEOA pursuant to Section 15061 (b) (3) of the State CEOA Guidelines.

Lead Agency Contact Person: Zarui Chaparyan Area Code/Telephone (805) 583-6774 X Signed by Lead Agency
Date: 03/21/2023 Title: Assistant Planner
Dept. of Environmental Services

ATTACHMENT A
17 52
EXHIBIT 1
8 3/3-23(mg)
Agency Allowed? Standards Screening
Requirements?
Permit Required
Simi Valley Temporarily One 128 sq.ft. cargo containers may: Be allowed in conjunction with a valid Building Permit; provided, the containers are located on or immediately adjacent to the development site; or be allowed for the purpose of moving goods and/or temporary storage for 30 days. - Temporary Use Permit
Moorpark No - - -
Thousand Oaks Yes If applicant designs the storage container to look like the existing primary residence, will likely allow as an accessory structure. [1] If proposed structure is between 400-600 square feet, will go through the Precise Plan Design entitlement process.

Not allowed via Temporary Use Permit; only allowed if there is an active building permit for the property.

Precise Plan of Design
Ventura (City) Yes May be allowed if they are permanent in nature (i.e. with a foundation) and follow development standards (i.e. setbacks, heights [2]) No Zoning Clearance[3]
Ventura
(County)
Yes Up to 2,000 square feet of Gross Floor Area for accessory structures and must meet development standards such as height, setbacks and building coverage.

Zoning Clearance (Non-Coastal
Zones);
Coastal Development Permit
(Coastal Zones)
Oxnard No - - -
Fillmore Temporarily Ch. 6.04.6810 of Fillmore MC
Following will be allowed with a minor CUP:
- A temporary on- and off-site contractors' construction yard (i.e. containers) with an approved development project and for the length of construction of the project;
- Enclosed temporary storage may be approved for a max. of 6 months.
- Minor Conditional Use Permit
(discretionary)
Santa Paula Yes If under 120 sq. ft., no Planning review required. If over 120 sq.ft., no metal roof or sidings allowed for ZC; otherwise requires a minor modification.

Yes Minor Modification to keep
container as is (discretionary);
Zoning Clearance to modify
container
Westlake
Village[4]
No - - -
Santa Clarita Yes and
Temporarily
The use of metal storage containers is prohibited in residential zones, unless they meet the design standards of Section 17.57.040 (i.e. architectural design of main residence)[5]
Yes Minor Use Permit (discretionary)
Palmdale No - - -
53 8 3/3-23(mg)
San Fernando Temporarily - - -
South Pasadena No - - -
Calabasas Temporarily Ch. 17.12.220 of Calabasas MC:
- No more than one container per property.
- The container must be no larger than 8 feet wide, 16 feet long and 8 feet high.
- The container must not remain at a property in excess of 15 consecutive days, and must not be placed at any one property in a zoning district in excess of thirty 30 days in any calendar year, except as allowed under Subsection I below.
- Container must be set back a min. of 5 feet from all property lines and nearest wall of building.
- The container must be placed on an asphalt/concrete surface. - The container must be in good repair and remain free of graffiti at all times.
- Storage containers associated with the construction at a site where a building permit has been issued and the site is currently vacant are permitted for the duration of construction and shall be removed from the site within 14 days of the end of construction. Exempt from A-G. - Temporary Use Permit
Agoura Hills No - - -
Lancaster Temporarily
(R and RR
Zone)
- Storage of building materials for temporary construction. Storage shall not occur until the building permit is obtained. Storage shall be removed within 30 days after the permit is expired, revoked, or finalized.
- Emergency storage of household materials due to disaster circumstance. Cargo containers may be used for emergency household storage for a period of 15 days. This use may be extended for 10 days upon the prior written approval of the department directors. - Storage of household materials used for relocation. Cargo containers may be used for relocation storage for a period of 15 days. This use may be extended for 10 days upon the prior written approval of the department directors of planning and housing and neighborhood revitalization. May be placed on driveways.
- Container Permit
Lancaster Yes (RR -2.5
and RR -1
zone)
Sec. 17.08.170 of Lancaster MC:

Cargo containers may be used as accessory buildings or structures in the RR-2.5 and RR-1 zones, subject to the following:
- Containers to be located in the rear of the main building; - Containers shall only be used for incidental uses that are allowed in the zone; Containers shall not be used for commercial purposes; - Containers shall not be closer than 50 feet to any property line; No[6] Container Permit
54 8 3/3-23(mg)
- Containers shall not be stacked on top of each other or on any other structure;
- Containers shall not encroach upon, block, obstruct, or reduce any required exits, windows or vent shafts of structures, parking spaces, driveways, streets, or public rights of way;
- Containers shall not be used for human habitation/occupied by individuals for any reason;
- Containers shall not have electrical, plumbing, heating, air conditioning installations or systems, and shall not be connected to a power source;
- Containers shall not be unsightly, graffitied, or damaged; - Refuse, garbage, trash and debris, and hazardous substances shall not be placed/stored in, against, on, or under a container at any time; - Containers shall require a container permit. The number and location of cargo containers used as accessory buildings or structures in the RR-2.5 and RR-1 zones shall be subject to the review.

Malibu Yes Permitted as an accessory structure and counted towards Total Development Square Footage (TDSF)
- Administrative Plan Review
Los Angeles City No - - -
Los Angeles
County
Yes Limited to One (1) container in the A-1, A-2, RA, R1, R2, R3, and R4 zones OR as specified in the Community Standards District Site Plan Review (Ministerial)
[1] Structure may not exceed 15’ in height
[2] Structure may not exceed 14’ in height and must be one story [3] Depending on the location, may need a Coastal Development Review and/or Design Review [4] Per City’s Planning staff, residential zones are overseen by HOAs. Majority of HOAs do not allow the containers in driveways per CCRs. They are a complaint based City and have not received complaints about containers in rear yards as of yet. [5] Applicant shall demonstrate that the cargo container looks like the house and has similar roof pitch to house, blends in with neighborhoo d characteristics. [6] Containers shall not be closer than fifty (50) feet to any property line; Containers shall not be unsightly, graffitied, or d amaged. 55 NC 8/3-23(mg)
Development Review Summary
March 2023
Neighborhood Council No(s): 1, 2, 3, 4
Project Description: Amendment to the Simi Va lley Municipal Code to allow cargo containers as residential storage
structures
Case Planner: Zarui Chaparyan
______________________________________________________________________ Neighborhood Council #1
Meeting Date: March 9, 2023
Questions and comments from the audience and responses from City staff:

Can the containers be converted into housing?
No, they are to be used for storage only. The City will not allow any electricity or running water.

How will the City make sure that the containers are not used for housing or any other illegal uses?
Suspected violations should be reported to the City’s Code Compliance Division, which will then investigate the complaint.

Questions and comments from the Executive Board and responses from City staff:

Will a permit be required to install a container?
Yes, Planning will require a Zoning Clearance and if it is larger than 120 square feet, Building and Safety will be required to issue a building permit.

If the appearance of the container dete riorates, how can ne ighbors bring their concerns to the City?
Concerns of this nature should be reported to the City’s Code Compliance Division, which will then investigate the complaint.

Can a large lot have more than one container?
No, only one (1) per lot will be allowed, regardless of the lot size. 56 2
NC 8/3-23(mg)
Will a concrete pad be required?
If a container is larger than 120 square feet, Building and Safety will be required to issue a building permit and a concrete pad may be necessary.

Will the City be certifying each specific container to m ake sure that it will not contaminate soil or groundwater with any toxins from previous uses? There is nothing in the proposed ordinance that requires a certification of this nature.

What is the reason that the proposal is less stringent than Santa Clarita or Thousand Oaks, for example?
Cost is the determining factor. This proposal will cost less for Simi Valley citizens to install the containers, in comparison to other cities.

How many “problem” containers are there in Simi Valley? That exact number is unknown; however, since 2019, 49 complaints have been filed with Code Compliance.

Will a crane be needed to get a container into a backyard with a narrow side yard? Not necessarily, since there are collapsible sheds that can fit through a narrow side yard.

If 5,000 square feet of a 10,000 square foot lot is an upward slope, will the City be looking at the configuration of the flat portion of the lot during the permitting process?
Yes, this will be part of the overall review.

Will a site plan be given to Emergency Services providers showing the location of the container?
No, just like for any shed or similar structure, the City does not provide these. However, the Fire Department will review the site plan as part of the permitting process.

Is there something in the permitting process to require that affected neighbors are notified that such a container is being installed?
No, this is a “by right” use and does not require notification of neighbors. However, if a Conditional Use Permit was required, then the affected nei ghbors would be notified.

However, this would cost the homeowner more than $3,000.00.

Comments:
 Executive Board members expressed concern about people living in the containers and illegal uses taking place inside them.
 Executive Board members felt that accommodations should be made to cause a less aesthetic impact on neighbors such as a larger minimum parcel size, smaller maximum container height and size, and larger minimum setbacks. 57 3
NC 8/3-23(mg)
 An Executive Board member expressed concern that the proposed ordinance lacks a requirement pertaining to an interior safe ty mechanism to keep people from getting locked in.
 An Executive Board member expressed concern that sounds bouncing off a container could increase noise levels for residents.
 An Executive Board member expressed that the proposed ordinance would allow people to circumvent paying monthly storage fees at a container storage facility.

Upon conclusion of the discussion, the following motion was made by Mark Luker and seconded by Carol Thomaier:

MOTION: Recommend that the Planning Commission deny the Amendment to the Simi Valley Municipal Code to allow cargo containers as residential storage structures.

Executive Board vote: 4 Ayes; 5 Noes; 0 Abstentions
Audience vote: 2 Ayes; 4 Noes; 0 Abstentions
Unincorporated Area vote: 0 Ayes; 0 Noes; 0 Abstentions The motion failed.

After further discussion, the followi
ng motion was made by David Mosso and
seconded by Tom Williams:

MOTION: Recommend that the Planning Commission approve the Amendment to the Simi Valley Municipal Code to allow cargo containers as residential storage structures with the following changes:
 The minimum lot size is increased to a minimum of 12,000 square feet.  Require an Administrative Action.

Debbie Gainey made, and David Mosso seconded, the following amendment:
 Require that the container be certified as environmentally safe.

Executive Board vote: 9 Ayes; 0 Noes; 0 Abstentions
The amendment passed.

Carol Thomaier made, and David Mosso seconded the following amendment:
 Limit the size of the container to a maximum of 160 square feet.

Executive Board vote:
8 Ayes; 1 No; 0 Abstentions
The amendment passed.

Todd Taylor made, and David Mosso seconded, the following amendment:
 The exterior container height is limited to eight feet, six inches (8’6”).

Executive Board vote: 7 Ayes; 2 Noes; 0 Abstentions
The amendment passed.
58 4
NC 8/3-23(mg)
FINAL MOTION: Recommend that the Planning Co mmission approve the Amendment to the Simi Valley Municipal Code to allo w cargo containers as residential storage structures with the following changes:
 The minimum lot size is increased to a minimum of 12,000 square feet.  Require an Administrative Action.
 Require that the container be certified as environmentally safe.  Limit the size of the container to a maximum of 160 square feet.  The exterior container height is limited to eight feet, six inches (8’6”).

Executive Board vote: 8 Ayes; 1 No; 0 Abstentions
Audience vote: 1 Aye 1 No; 2 Abstentions
Unincorporated Area vote: 0 Ayes; 0 Noes; 0 Abstentions The motion passed.
______________________________________________________________________ Neighborhood Council #2

Meeting Date: March 14, 2023
Questions and comments from the audience and responses from City staff:

None.

Questions and comments from the Executive Board and responses from City staff:

How will the City make sure that the containers are properly maintained? Residents should report any concerns to the City’s Code Compliance Division, which will then investigate the complaint.

Can the containers be converted into housing?
No, they are to be used for storage only. The City will not allow any electricity or running water.

How
can people living in a container be prevented?
There is no way to prevent this. Residents should report any concerns to the City’s Code Compliance Division, who will then investigate the complaint.

Could a crane be used to get a container into a backyard? Probably in some cases, but there are collapsible sheds that can fit through a narrow side yard.

Where did the original idea for this come from?
Requests were made by residents to City Council members, and they asked that staff look further into the issue.
59 5
NC 8/3-23(mg)
Can there be an Accessory
Dwelling Unit and a cargo container on the same lot?
Yes, assuming that lot coverage standards are met.

Does the proposed ordinance allow for cargo containers to sit on dirt or can a cement pad be required?
Containers smaller than 120 square feet can sit on dirt. If a container is larger than 120 square feet, Building and Safety will be required to issue a building permit and a concrete pad may be necessary.

Comments:

Several Executive Board members expressed concern that the City does not proactively enforce City codes. They felt that containers could become eyesores or people could live in them, and very little would be done or it would take a very long time.

An Executive Board member commented that five-foot side yard setbacks are not adequate and that the top of a cargo container can be seen above a six-foot fence.

Upon conclusion of the discussion, the fo llowing motion was made by Richard Perini and seconded by Satish Shah:

MOTION: Recommend that the Planning Commission approve the Amendment to the Simi Valley Municipal Code to allow cargo containers as residential storage structures with the following change:
 Require that any affected neighbors agree and/or sign off on the installation of the container.

Raine Wiseman made, and Gayle Sutton seconded, the following amendment:
 Require a minimum eight-foot (8’) side yard setback.

Executive Board vote: 5 Ayes; 3 Noes; 3 Abstentions
The amendment passed.

AMENDED MO
TION: Recommend that the Planning Commission approve the Amendment to the Simi Valley Municipal Code to allow cargo containers as residential storage structures with the following changes:
 Require that any affected neighbors agree and/or sign off on the installation of the container.
 Require a minimum eight-foot (8’) side yard setback.

Executive Board vote: 3 Ayes; 8 Noes; 0 Abstentions
Audience vote: 1 Aye 0 Noes; 0 Abstentions
Unincorporated Area vote: 0 Ayes; 0 Noes; 0 Abstentions 60 6
NC 8/3-23(mg)
The motion failed because most Executive Board members objected to the requirement that the neighbors must agree and/or sign off on the installation of the container. They were concerned that it would give neighbors unfair control over an applicant’s ability to install a cargo container.

The following motion was made by Raine Wiseman and seconded by Gayle Sutton:

MOTION: Recommend that the Planning Commission approve the Amendment to the Simi Valley Municipal Code to allow cargo containers as residential storage structures with the following change:
 Require a minimum eight-foot (8’) side yard setback.

Executive Board vote: 4 Ayes; 6 Noes; 1 Abstention
Audience vote: 1 Aye 0 Noes; 0 Abstentions
Unincorporated Area vote: 0 Ayes; 0 Noes; 0 Abstentions The motion failed.

The following motion was made by Pete Stong and seconded by Jerry Placeres:

MOTION: Recommend that the Planning Commission deny the Amendment to the Simi Valley Municipal Code to allow cargo containers as residential storage structures.

Executive Board vote: 11 Ayes; 0 Noes; 0 Abstentions
Audience vote: 1 Aye; 0 Noes; 0 Abstentions
Unincorporated Area vote: 0 Ayes; 0 Noes; 0 Abstentions The motion passed.
______________________________________________________________________ Neighborhood Council #3

Meeting Date: March 16, 2023
Questions and comments from the audience and responses from City staff:

None.

Questions and comments from the Executive Board and responses from City staff:

How can people living in a container be prevented?
There is no way to prevent this. Residents should report any concerns to the City’s Code Compliance Division, who will investigate the complaint.

Is there a requirement for some kind of foundation under the cargo container? No, there is not.
61 7
NC 8/3-23(mg)
If someone wa
nted to add a pitched roof to the container, that could make it taller than 10 feet. Would that be allowed?
Not under the proposed ordinance amendments. At that point, a building permit for a structure would become necessary, which Building and Safety would have to issue.

Will the bottoms of the containers be removed and replaced in case there are any toxins still present from previous uses?
There is nothing in the proposed ordinance that requires that, however, a recommendation could be made.

If someone moves, will they be required to remove the container? No, the container would be a matter discussed between the buyer and the seller.

Can the entire height of the container be screened?
The City only allows for six-foot-high walls, which would not screen the entire container.

This is why a five-foot setback is being proposed.

Is the City pushing for adoption of the ordinance amendments? No, requests were made by residents to City Council members and they asked that staff look further into the issue.

Is the City’s intention for these amendments to be the first steps to allowing people to live in them?
No, they are not. The amendments specifically say that these containers are not habitable structures.

Comments:

Several Executive Board members expressed concern that the City does not proactively enforce City codes. They felt that cont ainers could be dangerous, become eyesores or people could live in them, and the City would be able to do very little about it.

An Executive Board member felt that 10,000 square feet was too small of a lot size.

Upon conclusion of the discussion, the fo llowing motion was made by Jeremy Yablan and seconded by Andy Hanna:

MOTION: Recommend that the Planning Commission deny the Amendment to the Simi Valley Municipal Code to allow cargo containers as residential storage structures.

Executive Board vote: 9 Ayes; 0 Noes; 0 Abstentions
Audience vote: 0 Ayes; 0 Noes; 0 Abstentions
Unincorporated Area vote: 0 Ayes; 0 Noes; 0 Abstentions The motion passed.
______________________________________________________________________ 62 8
NC 8/3-23(mg)
Neighborhood Council #4
Meeting Date: March 21, 2023
Questions and comments from the audience and responses from City staff:

Is there a requirement for a concrete pad?
No, there is not.

How will the City make sure that the container is installed and maintained according to the permit requirements?
Neighbors should report any concerns to t he City’s Code Compliance Division, who will then investigate the complaint.

Does screening fencing have to be solid?
Yes, it does.

Comments:

A member of the public sa id the containers were a bad idea because people would be living in them.

A member of the public was c oncerned that animals would be k ept in the containers or plants would be grown illegally.

Questions and comments from the Executive Board and responses from City staff:

Is there a requirement for an interior safety mechanism to keep people from getting locked in?
No, there is not.

Can the containers be habitable?
No, the City will not allow running water or electricity.

Do the containers have to be certified as non-toxic before they’re installed? No, but there are some possible mitigations that could be used.

What is the motivation for this ordinance being put forth? Residents made requests of City Council members and they asked that staff look further into the issue.

Could a business be run out of a container?
No, the City has provisions that prohibit businesses from being run out of accessory

structures or uses, which would include these containers.

Is there any data that shows that someone has died in a container in the last ye ar? No, there is not.
63 9
NC 8/3-23(mg)
If someone has a hill in their backyard , could a hole be dug in the hill and a container placed in it?
This would have to be evaluated on a ca se-by-case basis and a grading permit would likely be required.

What if a
container is fully visible from a neighboring property that is higher than the subject property?
The City would still require landscaping and/or fencing to screen the container.

Comments:

An Executive Board member had the following comments:
 A comparable prefabricated shed costs le ss than a container, plus prefabricated sheds are much more attractive.
 People have died in this type of container.
 Such containers might be fine on lots la rger than 10,000 square feet, but on lots smaller than that, property values will decrease. They will cause problems between neighbors.

An Executive Board member stated that enforcement of City codes should be proactive to preserve harmony between neighbors.

Upon conclusion of the disc
ussion, th e following motion was made by Amy
Obringer and seconded by Salwa Scarpone:

MOTION: Recommend that the Planning Commission deny the Amendment to the Simi Valley Municipal Code to allow cargo containers as residential storage structures.

Executive Board vote: 10 Ay es; 0 Noes; 0 Abstentions
Audience vote: 3 Ayes; 0 Noes; 0 Abstentions
Unincorporated Area vote: 0 Ayes; 0 Noes; 0 Abstentions The motion passed.
64 CITY OF SIMI VALLEY

MEMORANDUM

SUPPLEMENTAL
AGENDA ITEM NO.
11 .A. 2
March 29, 2023
TO:

FROM:

SUBJECT:

Planning Com~ ion
Sean Gibso~ uty Environmental Services Director/City Planner SUPPLEMENT TO PLANNING COMMISSION AGENDA ITEM 11.A.2, TO CONSIDER CITY-INITIATED TEXT AMENDMENTS (Z-S-2023-0002), TO REVISE PORTIONS OF TITLE 9 OF THE SIMI VALLEY MUNICIPAL

CODE TO ALLOW THE USE OF CARGO CONTAINERS AS
RESIDENTIAL ACCESSORY STORAGE; AND A DETERMINATION THAT

THE AMENDMENTS ARE EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Subsequent to the preparation of the staff report, attached is the Development Review Summary for the March 9, 14, 16, and 21, 2023, Neighborhood Council Meetings. • The Executive Board of Neighborhood Council #1 heard the proposed amendments on March 9, 2023, and recommended approval with amendments by a vote of 8 Ayes: 1 Noes: 0 Abstentions, with the recommendations to the Planning Commission that the proposed amendments be modified to increase allowable lot size, limit height and size of containers, require environmental certification of containers, and require an Administrative Action for entitlements. The audience vote was 1 Ayes: 1 Noes: 2 Abstentions.
• The Executive Board o f Neighborhood Council #2 heard the proposed amendments on March 14, 2023, and recommended denial by a vote of 11 Ayes:
0 Noes: 0 Abstentions. The audience vote was 1 Ayes: 0 Noes: 0 Abstentions. • The Executive Board o f Neighborhood C ouncil #3 heard the proposed amendments on March 16, 2023, and recommended denial by a vote of 9 Ayes: 0 Noes: 0 Abstentions. The audience vote was O Ayes: 0 Noes: 0 Abstentions. • The Executive Board of Neighborhood Council #4 heard the proposed amendments on March 21, 2023, and recommended denial by a vote of 10 Ayes:
0 Noes: 0 Abstentions. The audience vote was 3 Ayes: 0 Noes: 0 Abstentions.

All four Neighborhood Councils expressed concerns over the proposed code amendment's minimum setback and lot size requirements, stating that they were not sufficient to screen the containers from neighbors' or public view. They also expressed concerns over the containers becoming habitable and/or used for illegal activities, as well as concerns over chemicals, such as lead and toxins used in containers to support marine shipping activities in their previous life cycle. An important concern raised was regarding S-1
ZS20230002 PC Staff Report Supplemental
65 S-2
ZS20230002 PC Staff Report Supplemental
the limited code enforcement availability to often inspect these installations to check for compliance.

In response to the Neighborhood Council comments, staff has amended the draft standards for consideration, if the Plann ing Commission recommends approval of an ordinance:

1. Increase required side yard setbacks to 10 feet (from the original five feet).

2. Decrease the maximum container size to 160 square feet (from the original 320 square feet).

3. Remove the requirement that states the unit cannot be visible from the public street as it is likely that storage containers may be partially visible from the public street as fencing heights are generally limited to six feet and container heights could be up to 10 feet.

4. Remove the landscaping buffer requirement , such that only a solid, six-foot tall perimeter wall will be required for screening.

The amended language sections are below:

Modification to proposed amendment for Simi Valley Municipal Code (SVMC) Section 9-

44.070.B.1.b:
 No cargo container shall be located closer than 10 feet from all side or rear property lines. Cargo containers shall not be allowed permanently in the front yard. Refer to Table 3-2 in Section 9-30.080.

Modification to proposed amendment for Table 3-2 in SVMC Section 9-30.080:

Structure Minimum Required Setback
Front Street Side Side Rear
Cargo Containers
(Incidental Residential
Storage) * ++
Not Allowed 10 feet
++ Allowed on residential lots 20,000 square feet or greater, or with an A, L, or H Overlay, pursuant to Section 9-44.070(C)(1)(b).

Modification to proposed amendment for SVMC Section 9-44.070.B.1.d:
 Screening: Cargo containers shall not be vi sible from any public street. All cargo containers shall be screened from adjoining residential properties with a 10-foot wide landscaped buffer or solid six foot high perimeter and/or screening wall.

Modification to proposed amendment for SVMC Section 9-44.070.B.1.e:
 Limitations: Only one cargo container up to 160 square feet in size will be allowed per residential lot.

Staff would also recommend that the Plann ing Commission consider a larger minimum lot size, potentially to 20,000 square feet or one acre (SVMC Sectio n 9-4.070.B.1) than 66 S-3
ZS20230002 PC Staff Report Supplemental
what is currently proposed of 10,000 square feet. Several concerns were raised that the containers could be clearly visible from ad joining properties due to the maximum fence height of six feet and being clos e to the side and rear propert y lines. A larger minimum lot size would allow options for additional setbacks and could result in the containers being located further away from adjoining residences.

With regard to containers’ environmental and physical safety, the Neighborhood Council’s had concerns that certain containers may have previously housed hazardous materials in their previous lifecycle. Also, Neighbor hood Council members voiced their concerns that units may not be properly outfitted with safe locking/unlocking mechanisms and may lack proper ventilation, without modification, t hus making it a safety hazard to persons entering the container. Since the units are not treated as structures, building permits would not be required and would not be inspected for health and safety purposes. Staff has not been able to determine if an environmental certification or test is available for a cargo container; however, verification by staff that the container is certified and that a certification matches the unit placed on the property is not practical due to expense, lack of staff time and expertise.

Attachment: Combined Development Review Summary for Neighborhood Councils 1, 2, 3, and 4 for meetings of March 9, 14, 16, and 21, 2023 67 NC 8/3-23(mg)
Development Review Summary
March 2023
Neighborhood Council No(s): 1, 2, 3, 4
Project Description: Amendment to the Simi Valley Municipal Code to allow cargo containers as residential storage
structures
Case Planner: Zarui Chaparyan
______________________________________________________________________ Neighborhood Council #1
Meeting Date: March 9, 2023
Questions and comments from the audience and responses from City staff:

Can the containers be converted into housing?
No, they are to be used for storage only. The City will not allow any electricity or running water.

How
will the City make sure that the containers are not used for housing or any other illegal uses?
Suspected violations should be reported to the City’s Code Compliance Division, which will then investigate the complaint.

Questions and comments from the Executive Board and responses from City staff:

If the appearance of the container deteriorates, how can neighbors bring their concerns to the City?
Concerns of this nature should be reported to the City’s Code Compliance Division, which will then investigate the complaint.

Can a l
arge lot have more than one container?
No, only one (1) per lot will be allowed, regardless of the lot size.

ATTACHMENT
68 2
NC 8/3-23(mg)
Will a concrete pad be required?
If a container is larger than 120 square feet, Building and Safety will be required to issue a building permit and a concrete pad may be necessary.

Wi
ll the City be certifying each specific container to make sure that it will not contaminate soil or groundwater with any toxins from previous uses? There is nothing in the proposed ordinance that requires a certification of this nature.

How many “problem” containers are there in Simi Valley? That exact number is unknown; however, since 2019, 49 complaints have been filed with Code Compliance.

Will a crane be needed to get a container into a backyard with a narrow side yard? Not necessarily, since there are collapsible sheds that can fit through a narrow side yard.

However, this would cost the homeowner more than $3,000.00.

Comments:
• Executive Board members expressed concern about people living in the containers and illegal uses taking place inside them.
• Executive Board members felt that accommodations should be made to cause a less aesthetic impact on neighbors such as a larger minimum parcel size, smaller maximum container height and size, and larger minimum setbacks. 69 3
NC 8/3-23(mg)
• An Executive Board member expressed concern that the proposed ordinance lacks a requirement pertaining to an interior safety mechanism to keep people from getting locked in.
• An Executive Board member expressed concern that sounds bouncing off a container could increase noise levels for residents.
• An Executive Board member expressed that the proposed ordinance would allow people to circumvent paying monthly storage fees at a container storage facility.

Upon conclusion of the discussion, the following motion was made by Mark Luker and seconded by Carol Thomaier:

MOTION: Recommend that the Planning Commission deny the Amendment to the Simi Valley Municipal Code to allow cargo containers as residential storage structures.

Executive Board vote: 4 Ayes; 5 Noes; 0 Abstentions
Audience vote: 2 Ayes; 4 Noes; 0 Abstentions
Unincorporated Area vote: 0 Ayes; 0 Noes; 0 Abstentions The motion failed.

Af
ter further discussion, the following motion was made by David Mosso and seconded by Tom Williams:

MOTION: Recommend that the Planning Commission approve the Amendment to the Simi Valley Municipal Code to allow cargo containers as residential storage structures with the following changes:
• The minimum lot size is increased to a minimum of 12,000 square feet. • Require an Administrative Action.

Debbie Gainey made, and David Mosso seconded, the following amendment:
• Require that the container be certified as environmentally safe.

Executive Board vote: 9 Ayes; 0 Noes; 0 Abstentions
The amendment passed.

Ca
rol Thomaier made, and David Mosso seconded the following amendment:
• Limit the size of the container to a maximum of 160 square feet.

Executive Board vote: 8 Ayes; 1 No; 0 Abstentions
The amendment passed.

Todd Tay
lor made, and David Mosso seconded, the following amendment:
• The exterior container height is limited to eight feet, six inches (8’6”).

Executive Board vote: 7 Ayes; 2 Noes; 0 Abstentions
The amendment passed.
70 4
NC 8/3-23(mg)
FINAL MOTION: Recommend that the Planning Commission approve the Amendment to the Simi Valley Municipal Code to allow cargo containers as residential storage structures with the following changes:
• The minimum lot size is increased to a minimum of 12,000 square feet. • Require an Administrative Action.
• Require that the container be certified as environmentally safe. • Limit the size of the container to a maximum of 160 square feet. • The exterior container height is limited to eight feet, six inches (8’6”).

None.

Questions and comments from the Executive Board and responses from City staff:

How will the City make sure that the containers are properly maintained? Residents should report any concerns to the City’s Code Compliance Division, which will then investigate the complaint.

Can the containers be converted into housing?
No, they are to be used for storage only. The City will not allow any electricity or running water.

Ho
w can people living in a container be prevented?
There is no way to prevent this. Residents should report any concerns to the City’s Code Compliance Division, who will then investigate the complaint.

Co
uld a crane be used to get a container into a backyard? Probably in some cases , but there are collapsible sheds that c an fit through a narrow side yard.

Where did the original idea for this come from?
Requests were made by residents to City Council members , and they asked that staff look further into the issue.
71 5
NC 8/3-23(mg)
Can
there be an Accessory Dwelling Unit and a cargo container on the same lot? Yes, assuming that lot coverage standards are met.

Do
es the proposed ordinance allow for cargo containers to sit on dirt or can a cement pad be required?
Containers smaller than 120 square feet can sit on dirt. If a container is larger than 120 square feet, Building and Safety will be required to issue a building permit and a concrete pad may be necessary.

Comments:

An Executive Board member commented that five -foot side yard setbacks are not adequate and that the top of a cargo container can be seen above a six-foot fence.

Upon c
onclusion of the discussion, the following motion was made by Richard Perini and seconded by Satish Shah:

MOTION: Recommend that the Planning Commission approve the Amendment to the Simi Valley Municipal Code to allow cargo containers as residential storage structures with the following change:
• Require that any affected neighbors agree and/or sign off on the installation of the container.

Raine Wiseman made, and Gayle Sutton seconded, the following amendment:
• Require a minimum eight-foot (8’) side yard setback.

Executive Board vote: 5 Ayes; 3 Noes; 3 Abstentions
The amendment passed.

AME
NDED MOTION: Recommend that the Planning Commission approve the Amendment to the Simi Valley Municipal Code to allow cargo containers as residential storage structures with the following changes:
• Require that any affected neighbors agree and/or sign off on the installation of the container.
• Require a minimum eight-foot (8’) side yard setback.

Executive Board vote: 3 Ayes; 8 Noes; 0 Abstentions
Audience vote: 1 Aye 0 Noes; 0 Abstentions
Unincorporated Area vote: 0 Ayes; 0 Noes; 0 Abstentions 72 6
NC 8/3-23(mg)
The motion failed because most Executive Board members objected to the requirement that the neighbors must agree and/or sign off on the installation of the container. They were concerned that it would give neighbors unfair control over an applicant’s ability to install a cargo container.

The f
ollowing motion was made by Raine Wiseman and seconded by Gayle Sutton:

MOTION: Recommend that the Planning Commission approve the Amendment to the Simi Valley Municipal Code to allow cargo containers as residential storage structures with the following change:
• Require a minimum eight-foot (8’) side yard setback.

Executive Board vote: 4 Ayes; 6 Noes; 1 Abstention
Audience vote: 1 Aye 0 Noes; 0 Abstentions
Unincorporated Area vote: 0 Ayes; 0 Noes; 0 Abstentions The motion failed.

The f
ollowing motion was made by Pete Stong and seconded by Jerry Placeres:

MOTION: Recommend that the Planning Commission deny the Amendment to the Simi Valley Municipal Code to allow cargo containers as residential storage structures.

None.

Questions and comments from the Executive Board and responses from City staff:

How can people living in a container be prevented?
There is no way to prevent this. Residents should report any concerns to the City’s Code Compliance Division, who will investigate the complaint.

Is
there a requirement for some kind of foundation under the cargo container? No, there is not.
73 7
NC 8/3-23(mg)
If
someone wanted to add a pitched roof to the container, that could make it taller than 10 feet. Would that be allowed?
Not under the proposed ordinance amendments. At that point , a building permit for a structure would become necessary, which Building and Safety would have to issue.

If someone moves, will they be required to remove the container? No, the container would be a matter discussed between the buyer and the seller.

Can
the entire height of the container be screened?
The City only allows for six-foot-high walls, which would not screen the entire container.

This is why a five-foot setback is being proposed.

Is
the City pushing for adoption of the ordinance amendments? No, requests were made by residents to City Council members and they asked that staff look further into the issue.

Is t
he City’s intention for these amendments to be the first steps to allowing people to live in them?
No, they are not. The amendments specifically say that these containers are not habitable structures.

Comments:

Several Executive Board members expressed concern that the City does not proactively enforce City codes. They felt that containers could be dangerous, become eyesores or people could live in them, and the City would be able to do very little about it.

An Executive Board member felt that 10,000 square feet was too small of a lot size.

Upon c
onclusion of the discussion, t he following motion was made by Jeremy Yablan and seconded by Andy Hanna:

MOTION: Recommend that the Planning Commission deny the Amendment to the Simi Valley Municipal Code to allow cargo containers as residential storage structures.

Executive Board vote: 9 Ayes; 0 Noes; 0 Abstentions
Audience vote: 0 Ayes; 0 Noes; 0 Abstentions
Unincorporated Area vote: 0 Ayes; 0 Noes; 0 Abstentions The motion passed.
______________________________________________________________________ 74 8
NC 8/3-23(mg)
Neighborhood Council #4
Meeting Date: March 21, 2023
Questions and comments from the audience and responses from City staff:

Is there a requirement for a concrete pad?
No, there is not.

How will the City make sure that the container is installed and maintained according to the permit requirements?
Neighbors should report any concerns to the City’s Code Compliance Division, who will then investigate the complaint.

Does screening fencing have to be solid?
Yes, it does.

Comments:

A member of the public said the containers were a bad idea because people would be living in them.

A member of the public was concerned that animals would be kept in the containers or plants would be grown illegally.

Questions and comments from the Executive Board and responses from City staff:

Is there a requirement for an interior safety mechanism to keep people from getting locked in?
No, there is not.

Can the containers be habitable?
No, the City will not allow running water or electricity.

Do the containers have to be certified as non-toxic before they’re installed? No, but there are some possible mitigations that could be used.

What is the motivation for this ordinance being put forth? Residents made requests of City Council members and they asked that staff look further into the issue.

Could a business be run out of a container?
No, the City has provisions that prohibit businesses from being run out of accessory structures or uses, which would include these containers.

Is there any data that shows that someone has died in a container in the last year? No, there is not.
75 9
NC 8/3-23(mg)
If
someone has a hill in their backyard , could a hole be dug in the hill and a container placed in it?
This would have to be evaluated on a case -by-case basis and a grading permit would likely be required.

Wh
at if a container is fully visible from a neighboring property that is higher than the subject property?
The City would still require landscaping and/or fencing to screen the container.

Comments:

An Executive Board member had the following comments:
• A comparable prefabricated shed costs less than a container, plus prefabricated sheds are much more attractive.
• People have died in this type of container.
• Such containers might be fine on lots larger than 10,000 square feet, but on lots smaller than that, property values will decrease. They will cause problems between neighbors.

An Executive Board member stated that enforcement of City codes should be proactive to preserve harmony between neighbors.

Upon c
onclusion of the discussion, t he following motion was made by Amy Obringer and seconded by Salwa Scarpone:

MOTION: Recommend that the Planning Commission deny the Amendment to the Simi Valley Municipal Code to allow cargo containers as residential storage structures.

Executive Board vote: 10 Ayes; 0 Noes; 0 Abstentions
Audience vote: 3 Ayes; 0 Noes; 0 Abstentions
Unincorporated Area vote: 0 Ayes; 0 Noes; 0 Abstentions The motion passed.
76

Simi Valley City CouncilJuly 17, 2023

Simi Valley City Council
July 17, 2023