Staff Report — Simi Valley City Council, September 25, 2023

CITY OF SIMI VALLEY

MEMORANDUM
Sept
ember 25, 2023
TO: Cit
y Council
FR
OM: Department of Environmental Services
SUBJ
ECT: A PUBLIC HEARING TO CONSIDER CITY-INITIATED MUNICIPAL CODE AMENDMENTS (Z -S-2023-0004) TO ESTABLISH OBJECTIVE DESIGN

STANDARDS FOR DEVELOPING TWO -UNIT RESIDENTIAL

DEVELOPMENTS AND TO ESTABLISH REGULATIONS FOR

SUBDIVIDING SINGLE -FAMILY RESIDENTIAL PROPERTIES IN
RESPONSE TO STATE SENATE BILL 9 (SB 9); A DETERMINATION

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

ORDINANCE

RECOMMENDATION
The Planning Commission recommends that the City Council introduce an ordinance (page 10) amending portions of Title 9 of the Simi Valley Municipal Code (Z-S-2023-0004) to establish objective design standards for developing two-unit residential developments and to establish regulations for subdividing single- family residential properties in response to State Senate Bill 9 (SB 9); and a determination that the amendments are exempt from the California Environmental Quality Act.

BACKGROUND AND OVERVIEW
On September 16, 2021, Governor Newsom signed St ate Senate Bill 9 (SB 9) into law, allowing Two -Unit Residential Developments and Urban Lot -Splits as part of the California Housing Opportunity and More Efficiency Act. Following that, the City Council adopted Urgency Ordinance No. 1331 in December 2021, which contained interim standards. Subsequently, in January 2022, t he City Council adopted Ordinance No. 1335 (Exhibit 1, page 24) , which extended the Interim Ordinance until December 17, 2023.

On August 9, 2023, the Planning Commission heard the proposed code amendments to the Simi Valley Municipal Code. The proposed Permanent Ordinance includes objective design standards for Two -Unit Residential Development, which will allow two primary dwelling units on a single- family residential parcel and regulations for Urban Lot Splits allowing one-time subdivisions of single-family residential properties into two individual parcels. The Planning Commission recommended approval of the proposed ordinance by a 4-0 vote (See Exhibit 2, page 38 for Planning Commission Minutes and Resolution from the August 9, 2023 meeting).

SB 9CCmtg9-25-23(klk)
AGENDA ITEM NO.

SB 9CCmtg9-25-23(klk)
Senate Bill 9 (SB 9)

SB 9 allows property owners to develop a single- family parcel with up to two primary dwelling units (Two- Unit Residential Development) and up to two accessory dwelling units, for a total of four units, and/or divide the property into two individual parcels (Urban Lot Split) that could provide up to two residential units on each parcel. Though SB 9 limits local agencies' ability to restrict Two-Unit Residential Development and Urban Lot Splits, it does allow a local agency to impose objective zoning, design, and subdivision standards. The standards cannot prevent the property owner from building up to two 800 square-foot units or a land division into two parcels as long as certain requirements are met, which are outlined later in this report.

It should be noted that this permanent ordinance will help the City meet the objectives of Housing Element Program 16, which has the objective to maintain sites for all income groups throughout the City. SB 9 will help meet this objective by providing opportunities for moderate income housing (“missing middle”) and above moderate income housing within the city.

Current Interim Ordinance No. 1335

The current Interim Ordinance was introduced in order to implement SB 9 requirements, add objective design standards based on the flexibility allowed by this law, provide regulations for subdivisions and provide for ministerial processing and approval without discretionary review by the City or public hearing. This Interim Ordinance is due to expire on December 17, 2023, thus the preparation of the proposed Permanent Ordinance and code amendments. The proposed Ordinance as written would take effect on December 18, 2023.

Proposed Municipal Code Amendments

The proposed Permanent Ordinance will codify objective zoning, subdivision, and design standards. While the majority of the Interim Ordinance will become part of the Permanent Ordinance, additional modifications were made to parking requirements, unit sizes, interior setbacks, nonconforming rules, and the addition of an open space requirement.

The proposed Permanent Ordinance is provided in Exhibit A of the Ordinance (Page 12) and includes the following highlights:

 Permitted Use (SVMC 9-24.030)

The Interim Ordinance introduced Two-Unit Residential Development as a new land use.

The new use will be permitted in the Open Space, Residential Estate, Residential Very Low, Residential Low, Residential Medium, Residential Moderate, and Residential Planned Development Zoning Districts.

2 SB 9CCmtg9-25-23(klk)
 Two-Unit Residential Development (SVMC 9-24.080)

This section of the code will include the following requirements for Two-Unit Residential Development including objective design standards and Urban Lot Splits:

• Prohibited Development . The Two- Unit Residential Development use is not permitted on parcels with residences that are income restricted or were previously used as rental housing. Demolition of more than 25 percent of the residence is prohibited and the property must be located outside the Alquist Priolo Earthquake Fault Zone, 100 Year Flood Zone, and Wildlife Corridors. If a property is located within the Very High Fire Zone, it must be designed to meet the high fire construction standards of the California Building Code. Urban Lot Splits will not be permitted on properties located in prohibited development areas including Very High Fire Zone.

• Number of Residential Units Allowed . A maximum of two primary units are permitted on each parcel of a Two-Unit Residential Development. Units may be attached (duplex) or detached. Each primary unit is permitted an Accessory Dwelling Unit in accordance with SVMC Section 9- 44.160. A maximum of four units (two primary units and two accessory dwelling units) are permitted on a single parcel (Figure 1).

Figure 1 – Examples of Two-Unit Development
1 One Duplex + Two Detached ADUs Two Primary Dwellings + One JADU (4 Units) (3 Units)

When a property is subdivided using the Urban Lot Split , each new parcel is allowed two primary dwelling units; however, the total number of units is generally restricted to four total (combination of primary units and accessory dwelling units). (Figure 2).

1 Los Angeles City Planning website
3 SB 9CCmtg9-25-23(klk)
Figure 2 – Examples of Urban Lot Splits2

Two Dwelling Units in Each Parcel Two Primary Dwelling Units + One (2 Units) JADU + One Detached ADU
(4 Units)

• Accessory Buildings Allowed. Residential accessory structures may be permitted concurrently or subsequent to a Two- Unit Residential Development pursuant to SVMC Section 9- 30.080. The cumulative square footage of all structures shall not cover more than 40% of any required front, rear, or side yard and includes all primary residences, accessory dwelling units, accessory buildings, or other permitted structures. However, this provision will not preclude construction of two primary units up to 800 square feet each.

• Accessory Dwelling Units . Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) may still be incorporated into a two -unit residential project, as long as the number of units, including primary units, do not exceed four units.

• Rental Terms. Each unit may be rented separately ; however, rental terms may not be less than 31 consecutive days.

• Access to the Public Street. Every residential unit will be required to either face or have frontage on a public street or access to a public street using at least a vehicle access or pedestrian access.

• Open Space (added from the I nterim Ordinance). This is a new proposed requirement and its purpose is to allow for private open space similar to what is required for other residential projects. A minimum open space of 200 square feet designed as a continuous square, rectangle, or similar shape would be required for each dwelling unit. Open space must be located outside the required setbacks.

• Parking (modified from the Interim Ordinance). One enclosed off-street parking space in a garage will be required for each unit, unless the property is located

2 Los Angeles City Planning website
4 SB 9CCmtg9-25-23(klk)
within a ½ mile of a high-quality transit corridor or a major transit stop or if there is a car-share vehicle located within one block of the parcel.

The proposed changes from the Interim Ordinance include not allowing shared garages and requiring each primary dwelling unit to have its own individual garage.

• Hillside Subdivision Requirements (modified from the Interim Ordinance). Two- Unit Residential Developments of more than 800 square feet on properties with slopes greater than 20% must meet the requirements of the Hillside Performance Standards.

• Waivers and Variances . No variances or waivers to the objective design standards will be granted on SB 9 related projects.

• Maximum floor area and unit size (modified from the Interim Ordinance).

Maximum unit size will be determined based on the size of the parcel. In response from public inquiries to allow larger residential units depending on the size of the parcel, the proposed requirement as recommended by the Planning Commission is, as follows:

 Parcels up to 5,000 square feet: 800 square feet maximum  Parcels 5,001 to 8,000 square feet: 1,000 square feet maximum  Parcels 8,001 to 20,000 square feet: 1,200 square feet maximum  Parcels over 20,001 square feet: 2,000 square feet (this item was added)

• Building Separation. No detached one-story primary unit can be closer than 10 feet to any other primary unit on the same parcel, unless attached, and 20 feet between two-story units (either unit being two stories). The separation between primary units and accessory structures (including ADUs) and between other accessory structures, is a minimum of six feet.

• Setbacks (modified from the Interim Ordinance). The setbacks for all structures, including accessory structures, must comply with the setbacks for the base zone with some exceptions.

• Interior Setbacks
o One story, maximum 18 feet tall – 4 feet side yard and rear yard o Two story, 18 feet to 30 feet tall max. – 10 feet side yard and 20 feet rear yard
• Streetside Setback (added item)
o One story, 4 feet minimum
o Two story, 10 feet minimum

• Architectural Review. The proposed development must be designed to match the existing residential unit colors and materials if an existing residence is on site, or be constructed in the same architectural style, exterior materials, paint colors, and finishes to complement the Planned Development or adjacent structures if it is a new development.

5 SB 9CCmtg9-25-23(klk)
 Filing and Processing a Two-Unit Residential Parcel Map (Urban Lot Split) • A
uthority for Subdivision Decisions (SVMC 9-60.050) (modified from the Interim Ordinance). Properties eligible for development under the requirements of the Two-unit Residential use type are eligible for subdivision as a ministerial decision by the Environmental Services Director and the City Engineer. • U
rban Lot Split (SVMC Section 9-24.080) - Eligible properties may process an Urban Lot Split if the property was not previously divided, is subdivided into a maximum of two parcels, and each new parcel is a minimum of 1,200 square feet, but no less than 40% of the original parcel size. The approval process for said maps would be a ministerial decision by the Environmental Services Director and the City Engineer.
 A
llowed additions and alternations to non- conforming structures - (SVMC 9 -

72.070) (added from the Interim Ordinance)
T
his amended code section will allow Two -Unit Residential Development primary units, constructed prior to December 31, 2021, to expand to a size that exceeds the maximum allowed floor area with no maximum size restriction. Modifications to section D “Additional Uses” clarifies Two-Unit Residential Developments must use the requirements described in section E “Two-Unit Residential Development.”

FINDINGS AND ALTERNATIVES
The findings and supporting evidence for approval of Z-S-2023-0004 are provided in the Planning Commission’s staff report, and incor porated herein by reference (refer to Exhibit 3, page 58).

The following alternatives are available to the City Council:

1. T
he Planning Commission recommends that the City Council introduce and ordinance amending portions of Title 9 of the Simi Valley Municipal Code (Z -S- 2023-0004) to establish objective design standards for developing Two-Unit Residential Development and to establish regulations for subdividing single-family residential properties in response to SB 9;

2. D
o not introduce an ordinance and provide staff with further direction.

T
he Planning Commission recommends Alternative No. 1.

SUGGESTED CITY COUNCIL MOTION
I
move to introduce Ordinance No. 1352, amending portions of Title 9 of the Simi Valley Municipal Code (Z-S-2023-0004), to establish objective design standards for developing Two-Unit Residential Developments and to establish regulations for subdividing single- family residential properties in response to State Senate Bill 9; and a determination that the amendments are exempt from the California Environmental Quality Act. 6 SB 9CCmtg9-25-23(klk)

SUMMARY
O
n September 16, 2021, Governor Newsom signed Senate Bill 9 (SB 9) into law, allowing Two-Unit Residential Developments and Urban Lot -Splits as part of the California Housing Opportunity and More Efficiency Act. In December 2021 , the City Council adopted Urgency Ordinance No. 1331 to create objective Zoning and subdivision standards in response to the new law. These interim standards were extended and will expire on December 17, 2023 with Interim Ordinance No. 1335. On August 9, 2023, the Planning Commission heard the proposed code amendments to permanently establish objective design standards for Two -Unit Residential Development and establish regulations for subdividing single- family residential properties in response to SB 9 and recommended approval of the proposed code amendments by a 4-0 vote. The Planning Commission recommends that the C ity Council introduce an ordinance and determine that the amendments are exempt from the California Environmental Quality Act. ___
_________________________________
Stratis Perros
Environmental Services Director
P
repared by: Elizabeth Richardson, Associate Planner
INDEX Page
P
ublic Hearing Procedure ............................................................................................. 8 Ordinance No. 1352 .................................................................................................... 10 Attachment A – CEQA Notice of Exemption ................................................................ 23 Exhibit 1 – Interim Ordinance 1335 ............................................................................. 24 Exhibit 2 – August 9, 2023 Planning Commission Resolution and Minutes................. 38 Exhibit 3 – August 9, 2023 Planning Commission Staff Report ...................................58 7 SB 9CCmtg9-25-23(klk)

PUBLIC HEARING PROCEDURE

HEARING DATE: September 25, 2023

1. CITY CLERK: This is the time and place set for a public hearing to consider City-Initiated Municipal Code Amendments (Z -S-2023-0004) to establish objective design standards for developing two- unit residential developments and to establish regulations for subdividing single-family residential properties in response to State Senate Bill 9 (SB 9) ; a determination that the
amendments are exempt from the California Environmental Quality Act; and introduction of an Ordinance. (Read by City Clerk including reading of Resolution AND/OR Ordinance
if applicable)

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

2. STAFF: (Report)

3. MAYOR: Any questions of staff from City Council Members? (Questions of staff and staff response)

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

5. AUDIENCE: Public Testimony and Comments

6. MAYOR: Does staff desire to respond to any comments or issues raised?

7. STAFF: (Response to comments and additional City Council questions)

8. MAYOR: The hearing is now closed.

9. MAYOR: 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.)

10. MAYOR: I will now entertain a motion.

11. ANY COUNCIL
MEMBER : City Council Actions (by motion of any Council Member):

1) Introduce, modify, or not introduce Ordinance No. 1352 (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.

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ANY COUNCIL
MEMBER : Second

12. MAYOR: (Call for vote)

13. MAYOR: Proceed to the next item.

9 ORDINANCE NO. 1352

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SIMI VALLEY FOR CITY INITIATED MUNICIPAL CODE
AMENDMENT (Z-S-2023-0004), TO AMEND PORTIONS OF
TITLE 9 OF THE SIMI VALLEY MUNICIPAL CODE TO

ESTABLISH OBJECTIVE DESIGN STANDARDS FOR

DEVELOPING TWO -UNIT RESIDENTIAL

DEVELOPMENTS, AND TO ESTABLISH REGULATIONS

FOR SUBDIVIDING SINGLE -FAMILY RESIDENTIAL
PROPERTIES, IN RESPONSE TO STATE SENATE BILL 9
(SB 9); AND A DETERMINATION THAT THE

AMENDMENTS ARE EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT

WHEREAS, O n September 16, 2021, Governor Gavin Newson signed State Senate Bill 9 (SB 9) that became effective on January 1, 2022, which requires ministerial approval of proposed housing developments containing two-dwelling units per parcel and the two -parcel subdivisions, with no more than two units per parcel, within single-family zones; and

WHEREAS, on January 24, 2022, the City Council adopted Interim Ordinance No. 1335 effective through December 17, 2023, which includes interim objective design standards and regulations in response to SB 9; and

WHEREAS, in further response to SB 9 , the City studied and prepared permanent objective design standards and regulations (Z-S-2023-0004) to implement SB 9; and

WHEREAS, Z-S-2023-0004 will support the objectives and policies of the Housing Element of the City’s General Plan; and

WHEREAS, on August 9, 2023, the Planning Commission of the City of Simi Valley held a public hearing and recommended approval of Z-S-2023-0004; and

WHEREAS, on September 25, 2023, the City Council held a duly noticed public hearing on the proposed ordinance, where they considered evidence and testimony presented; and

WHEREAS, the proposed amendments are exempt from review under the California Environmental Quality Act (CEQA; California Code of Regulations Section 2100, et seq.) and CEQA regulations (Title 14, California Code of Regulations Section 15000, et seq.) pursuant to Government Code Sections 65852.21(j) and 664111.7 (n) as ordinances intended to implement SB 9. In addition, the proposed amendments are exempt under CEQA Section 15061(b) (3) as 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.
10 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 for Z-S- 2023-0004 dated August 9, 2023, incorporated herein by reference, and the recitals set forth above are hereby adopted as findings.

SECTION 2. Various sections of Title 9 of the Simi Valley Municipal Code (SVMC) dealing with Development Code Amendment Z -S-2023-0004 are hereby amended, as specified 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 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. Severability. If any provisi on 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 5. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the 18th day of December 2023.

PASSED and ADOPTED this 25th day of September 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

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EXHIBIT A

Proposed Simi Valley Development Code Text Amendments (Z-S-2023-0004) Amendments to the following sections of Title 9 of the Simi Valley Municipal Code are shown below. New language and revised code sections are shown as underlined test, while deleted language is shown as strikethrough text

Part 1

SVMC – 9- 24.030 Resident ial and Open Space District Land Uses and Permit Requirements, Table 2- 2 Allowed Uses and Permit Requirements for Residential and Open Space Zoning Districts, is hereby amended to read as follows: (Note that only the sections that are being modified are shown).

Partial Table 2.2 Allowed Uses and Permit Requirements for Residential and Open Space Zoning Districts
TABLE 2 -2
Allowed Uses and Permit Requirements for
Residential and Open Space Zoning Districts
P Permitted Use (2)
CUP Conditional Use Permit required
HP Home Occupation Permit required
— Use not allowed
LAND USE(1) PERMIT REQUIRED BY DISTRICT Specific
Use
Regulations OS RE RVL RL RM RMod RH RVH MH
Two-Unit
Residential
Development
P P P P P P — — — 9-24.080

Part 2

SVMC –Section 9-24.080 – Two-Unit Residential Development is a new Development Code Section that describes the standards for residential development resulting from lot splits pursuant to “SB 9” as codified in Government Code Section 65852.21, and as follows:

9-24.080 Two-Unit Residential Development

A. Purpose and Intent. The intent and purpose of this Section is to provide development and objective standards for Two-Unit Residential Development, pursuant to California Government Code Sections 65852.21 and 66411.7, and subject to the standards as set forth in this ordinance.

B. Authority. Requests for a Two- Unit Residential Development that comply with the requirements of this section shall be approved by the Director with a Zoning Clearance.

C. Qualifying Two- Unit Residential Development. Qualifying Two-Unit Residential Development Development is as defined in Government Code Section 65852.21. The exceptions in this section apply only to Two-Unit Residential Development in the OS, 12 ORD. NO. 1352

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RE, RVL, RL, RM, RMod, and RPD zones, and any development on a parcel or subdivided parcel approved pursuant to SVMC Chapter 9-24.080, Urban Lot Split.

D. Prohibited Development. Two-Unit Residential Development as described in this section shall be prohibited in the following locations and circumstances, pursuant to state law and as further specified below:

1. Rental Units. Two-Unit Residential Development shall not include the demolition, substantial redevelopment, or alteration of any of the following types of housing:

a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

b. Housing that is subject to any form of rent or price control through the City’s valid exercise of its police power.

c. Housing that has been occupied by a tenant in the last three years.

2. Prior Removal of Rental Units. Two-Unit Residential Development shall not occur on a parcel on which an owner of residential real property has exercised the owner’s right under California Government Code Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

3. Demolition. No more than 25 percent of the exterior walls of the existing structure may be demolished unless the site has not been occupied by a tenant in the last 3 years.

4. Substantial Redevelopment. Two-Unit Residential Development shall not include the substantial redevelopment of existing buildings, unless the replacement building conforms to current development standards in the zoning district or the replacement of a nonconforming structure is reconstructed in the same location and with the same dimensions and floor area as the existing building in accordance with SVMC 9 -72.040(B)(1). Properties developed with Two- Unit Residential Development may expand the primary residence constructed prior to December 31, 2021, to a size that exceeds the allowed unit size with no maximum s ize restriction.

5. Very High Fire Hazard Areas . Two-Unit Residential Development shall not be permitted within the Very High Fire Hazard Zones, unless proposed buildings are designed to meet the high fire construction standards adopted or enforced by the City, as determined by the Building Official, the Ventura County Fire District, or the State Fire Marshall, including, but not limited to, any requirement for fire sprinklers.

No variance or modification to any Building or Fire Code requirements or high fire construction standards shall be permitted.

6. Restricted Areas. Two-Unit Residential Development shall not be permitted within the Alquist Priolo Fault Zone, 100 year flood zone, the Habitat Connectivity and 13 ORD. NO. 1352

SB 9CCmtg9-25-23(klk)

Wildlife Corridor, prime farmland or farmland of statewide importance, wetlands as defined by the United States Fish and Wildlife Service, or a hazardous waste site, unless proper mitigations are approved by the Building Official, Environmental Services Director (Habitat Connectivity and Wildlife Corridor), Public Works Director (100 year flood zone), or related agencies.

7. Historic Resources. Two-Unit Residential Development shall not be permitted on a property included on the State Historic Resources Inventory, on a parcel designated as a historic property, County Landmark , or Structure of Merit on the Ventura County Historical Landmarks and Points of Interest or listed in the General Plan.

8. The City reserves the right to limit construction in locations where there is inadequate water or sewer services, impact on traffic flow, or public safety.

E. Number of Residential Units Allowed. A Two -Unit Residential Development is allowed a maximum of two primary residential units on one parcel. Units may be attached (duplex) or detached. Each primary residential unit is permitted one accessory dwelling unit (“ADU”) in accordance with 9-44.160. A maximum of four total residential units are permitted on a single parcel inclusive of accessory dwelling units.

When a property is subdivided using the Urban Lot Split, a maximum of two (2) dwelling units are allowed on each resulting parcel. Dwelling units include primary and accessory dwelling units. Each primary dwelling unit is not permitted to have an ADU and/or JADU and exceed the maximum of two dwelling units per lot.

F. Accessory Buildings Allowed. Residential accessory structures may be permitted concurrently or subsequent to a T wo-Unit Residential d evelopment, pursuant to 9-

30.080. The cumulative square footage of all structures shall not cover more than 40% of any required yard as defined in Section 9-80.020. Structures shall include all primary residences, accessory dwelling units, accessory buildings, or other permitted structures. This section only applies when primary dwelling units are over 800 square feet in size.

G. Rental Terms. Each unit may be rented separately, however , rental terms shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one 31- day period occupancy by the same tenant.

H. Property Ownership. Two-Unit Residential Development requires a property owner to occupy one unit as their primary residence for a minimum of three years from the date of the Certificate of Occupancy for the new primary dwelling unit. An affidavit form approved by the City must be completed and submitted with the zoning clearance application.

I. Access to a Public Street. Every main building shall face or have frontage upon a public street or have permanent means of access to a public street, using either a vehicle driveway or pedestrian pathway. Pedestrian pathways and driveways are limited to the minimum width required for access to each unit, garage, or required parking space.
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1. Vehicular Access. When new parking is proposed, vehicular access to a public street or alley shall be provided by a paved driveway that complies with the minimum width, slope, materials, and other standards consistent with SVMC Title 7, Chapter 1 Encroachments and Section 9-34 Parking and Loading Standards.

a. Landscape Buffer. Where feasible for existing site constraints, driveways adjacent to onsite buildings must be separated from building walls by a planting area with a minimum inside width of three feet. The same buffer, or a fence or hedge, shall be provided where parking areas, turnarounds, or driveways abut an adjacent residential property.

2. Pedestrian Access. When a parcel is not split under the provisions of this code, pedestrian access to a public street or alley shall be provided with an exterior pedestrian pathway from the primary entrances of each unit to the adjoining sidewalk, street, or alley. The pedestrian pathway shall be unobstructed, clear to the sky, and meet the following standards:

a. Minimum Width: Pedestrian pathways serving one or two units: 3 feet wide.

b. Maximum Length: Pedestrian pathways shall not be more than 200 feet in length.

c. Slope: Running grade shall not exceed five percent (5%) and cross slope shall not exceed 1:50.

d. Materials: Minimum 4-inch-thick concrete, or concrete or brick pavers placed hand tight or mortared, on compacted subgrade or aggregate base, or other techniques or materials providing equivalent service. Gravel, mulch, dirt, stepping stones, or other similar loose materials that do not create a continuous passage are prohibited.

e. Addressing: All addresses for residential parcels using a shared driveway must be displayed at their closest point of access to a public street for emergency responders.

J. Open Space. Each primary dwelling unit shall have a minimum size open space of 200 square feet designed as a continuous square, rectangle, or similar shape. Open space must be located outside the required setbacks. The cumulative square footage of all structures shall not cover more than forty percent (40%) of required yard as defined in Section 9 -80.020. Structures shall include all primary residences, accessory dwelling units, accessory structures, or other permitted structures. This section only applies when primary dwelling units are over 800 square feet in size.

K. Parking. One off -street automobile parking space, which shall be in an enclosed garage dimensioned pursuant to SVMC 9-34.080.D, is required for each unit in a Two- Unit Residential Development, except as exempted below.

1. Replacement Parking Required. When an existing garage, carport, or other covered parking structure is converted or demolished in order to construct a new 15 ORD. NO. 1352

SB 9CCmtg9-25-23(klk)

unit, at least one replacement parking space, which shall be an enclosed garage , must be provided for each unit, unless the project is exempt from parking.

If the garage was converted to an ADU or JADU prior to Two- Unit Residential development, a new one car garage is required for each primary dwelling unit.

2. Shared Garages. Each primary dwelling unit must have its own individual single car garage. Garage dimensions must comply with SVMC Section 9- 34.080.D.

Multiple single car garages may be attached together.

3. Location. All parking must be on the same parcel as the residential unit served.

All driveways must meet the minimum dimensions, location, and development standards consistent with the California Fire Code, and SVMC Section 9-34.090.B Design Requirements. Minimum driveway width to the rear property shall be 9 feet wide.

4. Parking is not required. Parking is not required for a Two- Unit Residential Development when:

a. A property is located within ½ mile walking distance of either a high- quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.

b. There is a car share vehicle located within one block of the parcel.

L. Hillside Performance Standards. Development proposed on parcels outside the Valley Floor will be limited to 800 square feet in size and must comply with SVMC Chapter 9-32 Hillside Performance Standards.

M. Building Permit Required. Two-Unit Residential Development shall comply with applicable state and local building codes and shall require approval of a building permit. The City shall ministerially approve or disapprove a complete building permit application for a Two-Unit Residential Development in compliance with state law and this section.

1. Basis for Denial . A two-unit housing development may be denied if the Building Official finds that the proposed development project would have a specific, adverse impact upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

2. A Zoning Clearance is required for each new primary dwelling unit.

N. Objective Development Standards. Except as otherwise specified in this section, Two-Unit Residential Development shall comply with the objective development standards applicable to a principle or primary residential use on a parcel for the housing type and base zone in which the parcel is located, as follows:

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1. Exceptions. The reductions and exceptions to the development standards normally applicable to residential development allowed in this section are for the express purpose of promoting the development and maintenance of more than one dwelling unit on the parcel. If for any reason the development is not maintained on the parcel in conformance with this section, the parcel shall be brought into compliance with all of the requirements for the residential development, or with the legal nonconforming condition of the parcel prior to the development of the Two- Unit Residential Development, including, but not limited to, the requirements for open yard, setbacks, and garage parking.

2. Waivers and Variances not Allowed. A Two-Unit Residential Development project may not include a request for an exception to any objective standards by applying for a variance, modification, exception, waiver, or other discretionary approval for height, density, setbacks, open yard, land use, or similar design or development standard.

3. Maximum Unit Size. The maximum allowable floor area shall apply to each primary residential unit. The maximum unit size is as follows:

a. Parcels up to 5,000 square feet: 800 square feet maximum.

b. Parcels 5,001 to 8,000 square feet: 1,000 square feet maximum.

c. Parcels 8,001 to 20,000 square feet: 1,200 square feet maximum.

d. Parcels 20,001 square feet or greater: 2,000 square feet

If a property is subdivided using an Urban Lot Split, unit size shall be calculated based upon the new parcel area and not the original parcel area.

4. Setbacks. All structures in a Two Unit Residential Development shall comply with the setbacks as shown in SVMC 9-24.080 Table 3-2; with the following exceptions:

a. Flag Lots. Setbacks for flag lots shall be measured in accordance with SVMC Section, 9-30.080 (C)(5).

b. Architectural Features and Accessory Structures . Setbacks for architectural features and accessory structures shall comply with SVMC Section 9-30.080.D Table 3-2.

c. For all other setbacks refer to SVMC Chapter 9-24.

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Table 3-2 – Two Unit Development Standards

Development
Feature
Two Unit Residential Development Requirement by Zoning District RVL RL RM RMod-Single
Setbacks Minimum setbacks required. See Section 9 -30.080 for setback measurement, allowed projections into setbacks, and exceptions to setbacks.

Front (4) 20 ft
Sides (each) (5)(6)(8)
Interior
4 ft for 1-story structures; 4 ft for a 1-story element of a 2-story structure; 10 ft for a 2-story structure.

Streetside 4 ft for 1-story; 10 ft for 2-story.

Rear (8) 4 ft for a 1-story structure; 4 ft for a 1-story element of a 2 story structure; 20 ft for a 2- story structure.

Building
Separation
10 ft between single story primary structures; 20 ft between two story primary structures (either unit being two-story); 6 ft between a primary and accessory structure and between accessory structures.

Height limit Maximum allowed height of structures; see Section 9-30.060 for height measurement and exceptions to these height limits.

Primary
structure (9)
2 stories, not to exceed 30 ft
Accessory
structure (7)(9)
18 ft
Landscaping As required by Chapter 9-33 (Landscaping Standards).

Parking 1 parking space in a garage per primary dwelling unit

a. Building Design. Additions or new construction shall comply with the following:

(1) On a site already developed with an existing residential unit, the new unit shall be designed and constructed to match or complement the existing paint color and exterior building materials, including but not limited to siding, windows, doors, roofing, light fixtures, etc.

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(2) If residential development is proposed on a lot where no residential units currently exist, the units shall be constructed using the same architectural style, exterior building materials, colors, and finishes to complement the Planned Development or adjacent residences.

(3) Roofing material shall match the roof material of the original residence or if the property is vacant , then the roof material shall match the adjacent residences.

b. Materials and Colors. New roofing and siding materials that are shiny, mirror - like, or of a glossy metallic finish are prohibited. Materials and colors shall complement the building style.

c. Garage Conversion. If a garage is converted to a new unit, the garage door opening shall be replaced with exterior wall coverings, or residential windows and doors, to match the existing residence.

O. Urban Lot Split. An Urban Lot Split shall comply with the following standards.

1. An Urban Lot Split shall be ministerially approved if all of the following apply:

a. The parcel was not previously split under the provisions of this Section or the provisions set forth in California Government Code Section 66411.7.

b. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an Urban Lot Split as provided in this section.

Property is not located within a Very High Fire Hazard Area, the Alquist Priolo Fault Zone, 100 year flood zone, the Habitat Connectivity and Wildlife Corridor, prime farmland or farmland of statewide importance, wetlands as defined by the United States Fish and Wildlife Service, or a hazardous waste site, The property is not included on the State Historic Resources Inventory, is not designated as a historic property, County Landmark , or Structure of Merit on the Ventura County Historical Landmarks and Points of Interest, or listed in the General Plan.

2. Map Compliance. The Urban Lot Split shall conform to all applicable objective requirements of the California Subdivision Map Act and SVMC Article 6 – Subdivisions (SVMC 9-60 through 9-68), except as modified by this Article.

3. Parcel Area Minimum. The gross lot area of each newly created lot shall be no smaller than 1,200 square feet. No parcel may be less than 40 percent of the original lot size.

4. Two Parcels Maximum. The Urban Lot Split may divide a lot of record to create no more than two new parcels.

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SB 9CCmtg9-25-23(klk)

5. Parcel Dimensions. An Urban Lot Split is not subject to the minimum lot width requirements as set forth by the underlying zone.

6. Required setbacks. Existing structures must comply with required setbacks.

7. Owner Occupancy. An owner must occupy one unit as their primary residence for a minimum of three years from recordation of the Parcel Map, if a dwelling unit exists on the lot at the time of recordation; or for a minimum of three years from the issuance of a certificate of occupancy of the first newly constructed dwelling unit on either lot of the Parcel Map if no unit existed at time of recordation.

8. Hillside Performance Standards. Urban Lot Splits proposed on properties that are located on slopes 20 percent or greater are subject to the SVMC Chapter 9-32.

10. Application. For all lots subdividing using this code section an application for a Tentative Parcel Map shall be submitted in accordance with SVMC Chapter 9- 61 Tentative Map Filing and Processing

Part 3

SVMC – 9-80.020 – The Definition of Specialized Terms and Phases is hereby amended to read as follows: (Note that only the section that is being modified is shown.)

9-80.020 - Definitions of Specialized Terms and Phrases

As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise.

A. Definitions, “A”

Acting in Concert: A person that has common ownership or control of the subject parcel with the owner of the adjacent parcel, a person acting on behalf of, acting for the predominant benefit of, action on the instructions of, or actively cooperating with, the owner of the parcel being subdivided.

B. Definitions, “T”

Two-Unit Residential Development: No more than two primary residential units located on a single lot which are developed using the provisions of this ordinance or the provisions set forth in California Government Code Sections 65852.21 and/or 66411.7. The residential units may be located in a single building that contains two residential units (also known as a duplex) or in two detached buildings.

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C. Definitions, "U."
Unit: See Dwelling Unit

Urban Lot Split: Subdivision of an existing parcel into no more than two separate parcels that meet all the standards of this code and the provisions set forth in California Government Code Section 66411.7 and 66452.6.

Part 4

SVMC – 9-60.050 – Advisory Agency is hereby amended to read as follows:

9-60.050 Advisory Agency
Table 6-1 identifies the Advisory Agency for each type of subdivision and other decision required by this Article, and the roles of each Advisory Agency and other review authority in the application review process. In all cases, the Advisory Agency shall have the authority and responsibility to make all required findings and approve, conditionally approve, or disapprove the matters assigned to them in compliance with this Article and the Map Act, with rights of appeal assigned as noted in Table 6-1. Only the items modified or added are shown on Table 6-1 below:

TABLE 6-1 - AUTHORITY FOR SUBDIVISION DECISIONS
Type of
Subdivision
Application or
Decision
Advisory
Agency
Role of Advisory Agency and Review Authority(1)
Planning
Director
City
Engineer
Planning
Commission
City
Council
Urban Lot Split
(Ministerial)
Director Decision Recommend N/A N/A

Part 5

SVMC 9-72.070 – Allowed Alterations and/or Additions to Nonconforming Structures shall be revised as follows:

A. Elimination of nonconformity. The work shall be allowed in order to render the use or structure in conformity with this Development Code;

B. Compliance with laws. The work shall be allowed in order to comply with any law enacted subsequent to the adoption of this Development Code;

C. Increase in area. New additions or alterations shall not increase existing nonconformities and shall be in compliance with the existing Development Code requirements;

O. Additional uses. Additional uses may be allowed on the sit e of a nonconforming use only in the case of a multi -tenant structure or site; where the nonconforming use is first discontinued and any replacement use complies with the applicable current Development Code provisions in effect for the subject zoning district; or the use is a 21 ORD. NO. 1352

SB 9CCmtg9-25-23(klk)

single-family residence (except for properties developed as a Two- Unit Residential Development) and the addition or expansion of use or structure is consistent with the uses and structures of a single-family residence and traditional accessory structures and uses such as room additions, sheds, patio structures, and pools

D. Two-Unit Residential Development. Properties developed with a Two-Unit Residential Development may expand the original primary residence to a size that exceeds the allowed unit size with no maximum size restriction, if the primary residence was constructed prior to December 31, 2021.

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ATTACHMENT A

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

Project Title:

Z-S-2023-0004: Development Code Amendment to Establish Objective Design Standards and Requirements for Residential Districts in Response to Senate Bill (SB) 9

Project Location - Specific:

Citywide

Project Location - City: Simi Valley Project Location - County:

Ventura

Description of Project:

Z-S-2023-0004 will establish objective design standards and City regulations into conformance with State Statutes and adopt revised City regulations in response to Senate Bill (SB) 9 Two-Unit Development and Urban Lot Splits.

Name of Public Agency Approving Project:

City of Simi Valley
Date of Approval
Name of Person or Agency Carrying Out Project: City of Simi Valley 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:

X Statutory Exemptions - State code number: 15282 (h) _ General Rule [Sec. 15061(b)(3)]

Text of exemption and reasons why project is exempt:

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 15000, et seq.) pursuant to Section 15282 (h) which states that “the adoption of an ordinance regarding second units in a single-family or multi-family residential zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code” is a statutory exemption as set forth in Section 21080.17 of the Public Resources which states that “division does not apply to the adoption of an ordinance by a city or county to implement the provisions of Section 65852.1 or Section 65852.2 of the Government Code”

California Government Code Section 65852.21(j) states a local agency may adopt an ordinance to implement the provisions of this section [SB-9]. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.

Lead Agency Contact Person: Elizabeth Richardson Area Code/Telephone (805) 583-6334

Signature: _______________________ Date: _9/26/2023__ Title: Associate Planner __

Elizabeth Richardson Dept. of Environmental Services

X Signed by Lead Agency
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EXHIBIT 1

ORDINANCE NO. 1335

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SIMI VALLEY EXTENDING FOR UP TO AN ADDITIONAL
22 MONTHS AND 15 DAYS RULES AND REGULATIONS FOR

DEVELOPING TWO-UNIT RESIDENTIAL DEVELOPMENTS, AND

FOR SUBDIVIDING SINGLE -FAMILY RESIDENTIAL
PROPERTIES IN RESPONSE TO STATE SENATE BILL 9,

DECLARING THE URGENCY THEREOF, AND MAKING A

DETERMINATION THAT THE ORDINANCE IS EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

WHEREAS, on September 16, 2021 Governor Gavin Newsom signed new housing laws including Senate Bill 9 (SB 9), which requires ministerial processing and approval of proposed housing developments containing two dwelling units per lot and the subdivision of one lot into two parcels, withi n single -family zones; this bill became effective on January 1, 2022; and

WHEREAS, on October 6, 2021, the Planning Commission received a presentation on the new housing laws including SB 9 and on October 25, 2021, the City Council received a similar presentation; and

WHEREAS, following the presentation to the City Council on October 25, 2021, the City Council directed the Department of Environmental Services to prepare amendments to Title 9 of the Simi Valley Municipal Code to establish objective design standards and rules and regulations for developing two -unit residential and subdividing single-family residential properties in single-family zones as required by SB 9, in order to protect the character of the City’s well established single-family neighborhoods; and

WHEREAS, the City studied and formulated permanent regulations for the implementation of SB 9 projects in the City, but was not able to complete that exercise prior to January 1, 2022, when SB 9 became effective. Without establishing appropriate regulations, SB 9 projects have the potential to impact the health, safety, and welfare of residents in the City, and particularly on the character of single -family residential neighborhoods, the rural quality of the community, vehicular and pedestrian safety, and on-street parking demand. Due to the potential lengthy process of developing regulations for lot splits and new units built on these lots, the City Council found there was an immediate need to establish objective zoning and subdivision standards for SB 9 projects; and
WHEREAS, on December 20, 2021 the City Council adopted Urgency Ordinance No. 1331 to revise portions of Title 9 in the Simi Valley Municipal Code, to establish objective design standards for developing two -unit residential developments and establish rules and regulations for subdividing single -family residential properties in response to SB 9 for a period of 45 days. The 45 -day Urgency Ordinance No. 1331 expires on February 2, 2022, unless it is extended by the City Council in accordance with Government Code Section 65858; and
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WHEREAS, on January 24, 2022, a report was issued pursuant to Government Code Section 65858(d) discussing the measures taken to alleviate the condition that led to the adoption of the interim ordinance, and steps taken to continue establishing objective design standards for developing two-unit residential developments and establish rules and regulations for subdividing single -family residential properties in response to SB 9; and

WHEREAS, the City Council has the power under Government Code Sections 65858, to extend the urgency ordinance a maximum of 22 months and 15 days to December 17, 2023, if it is an ordinance for the immediate preservation of the public peace, health or safety, contains a declaration of the facts constituting the urgency, and is passed by a four-fifths vote of the City Council; and

WHEREAS, the City finds it necessary for the City Council to extend this Urgency Ordinance to December 17, 2023, pursuant to the powers under Government Code Section 65858, to immediately address changes to State law in SB 9 (Chapter 162), that act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411.7 to, the Government Code. These Government Code Sections establish objective design standards and rules and regulations for ministerially approving the development of up to two residential units and the subdivision of single -family residential properties while addressing peace, health and safety issues related to the effective regulations for SB 9 requests, and ensuring continued neighborhood compatibility, and avoiding any statutory conflicts; and

WHEREAS, the proposed amendments to the Simi Valley Development Code will support the objectives and policies of the Housing Element of the City’s General Plan; and

WHEREAS, this extended Urgency 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 15000, et seq.) pursuant to Government Code Sections 65852.21(j) and 66411.7(n) as ordinances intended to implement SB 9. In addition, the proposed amendments are exempt under CEQA Section 15061(b)(3) as 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.

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

SECTION 1. The findings in the City Council Staff Reports dated January 24, 2022 and December 20, 2021, and the recitals set forth above are hereby adopted as findings.

SECTION 2. Definitions. For the purposes of this ordinance, certain words and phrases are defined as follows:

1. Senate Bill 9 (SB 9) means a State law passed by the California state senate and approved by the Governor on September 16, 2021. The 25 DocuSign Envelope ID: CDB58087-9135-406E-AD9A-4825F4DFE0A6 ORD. NO. 1335
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bill amends Government Code section 66452.6 and adds
Government Code sections 65852.21 and 66411.7.

2. Senate Bill 9 (SB 9) Development Project means a development with no more than two residential units located on a single original lot in a single-family residential zone. The residential units may be located in a single building that contains two residential units (also known as a duplex) or in two detached buildings. For purposes of this ordinance, SB 9 Development Project shall have the same definition as Two-Unit Residential Development.

3. Urban lot split means a parcel map subdivision permitted pursuant to SB 9 that creates no more than two parcels of approximately equal lot area. For purposes of this ordinance, urban lot split has the same definition as Two-Unit Residential Tentative Parcel Map.

SECTION 3. Notwithstanding any other ordinance or provision of the Simi Valley Municipal Code, SB 9 development projects and urban lot splits are prohibited unless the project complies with the requirements outlined in this ordinance and the provisions in Exhibit A to this ordinance.

SECTION 4 . Applicability. Notwithstanding any other provision of the City’s Development Code, the provisions of this ordinance shall apply to SB 9 development projects and urban lot splits that are proposed pursuant to the regulations in SB 9. Except as expressly p rovided in SB 9 or in this interim ordinance, all other regulations of the underlying zone of a property developed pursuant to SB 9 shall apply, along with all other applicable regulations from the City’s Development Code, so long as such regulations are not preempted by State law.

SECTION 5 . Authority. Pursuant to Government Code Section 65858, the City Council may, to protect the public safety, health, and welfare, adopt, as an urgency measure, an interim ordinance that prohibits certain developments that may be in conflict with a contemplated zoning proposal that the City Council is considering, studying or intends to study within a reasonable period of time. The City Council finds and determines that there is a potential for an immediate threat to public health, safety, and welfare from SB 9 development projects that do not conform with certain objective standards established by the City because of the potential of SB 9 development projects to have a detrimental impact on single family residential nei ghborhoods in the City, as mentioned in the foregoing recitals, which are incorporated herein by reference. In addition, without appropriate standards and procedural regulations, there may be confusion about how SB 9 will be implemented and the scope of de velopment that will be allowed. Therefore, under the authority of Government Code Section 65858, the City Council seeks to establish interim objective standards to protect the public health, safety, and welfare, while the City studies permanent standards for SB 9 development projects and urban lot splits.

SECTION 6. Effective Date. This Ordinance is adopted as an extended Urgency Ordinance for the immediate preservation of the public peace, health and safety pursuant 26 DocuSign Envelope ID: CDB58087-9135-406E-AD9A-4825F4DFE0A6 ORD. NO. 1335
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to Government Code Section 65858, and therefore become effective immediately, upon the expiration of Ordinance No. 1331, and upon its adoption by a minimum 4/5 vote of the City Council and shall continue in effect for a period of no longer than 22 months a nd 15 days, expiring on December 17, 2023. The extended Urgency Ordinance is will allow staff to prepare a permanent ordinance that will be presented noticed public hearing for final adoption.

SECTION 7. Uncodified. This Urgency Ordinance shall not be codified.

SECTION 8 . Severability. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Urgency Ordinance for any reason be held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Urgency Ordinance. The City Council hereby declares that it would have adopted this Urgency Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 9. The City Clerk shall cause this ordinance or a summary hereof to be published in a newspaper of general circulation, published in the County of Ventura and circulated in the City, and if applicable, to be posted, in accordance with Section 36933 of the California Government Code; shall certify to the adoption of this ordinance and shall cause a certified copy of this ordinance, together with proof of publication, to be filed in the Office of the Clerk of this City.

SECTION 10. This ordinance shall go into effect and be in full force and effect immediately, upon the expiration of Ordinance No. 1331, and after its passage.

PASSED and ADOPTED this 24th day of January 2022.

Attest:

Lucy Blanco, City Clerk Keith L. Mashburn, Mayor of the City of Simi Valley, California

Approved as to Form: Approved as to Content:

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

Stratis Perros
Environmental Services Director
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ORD. NO. 1335

CERTIFICATION

I, City Clerk of the City of Simi Valley, California, do hereby certify that the foregoing is a full, true, and correct copy of Urgency Ordinance No. 1335 which was adopted by the City Council of the City of Simi Valley, California, at a regular meeting thereof held on the 24 th day of January 2022 by the following vote of the City Council:

AYES: Council Members Luevanos, Judge, Cavanaugh, Mayor Pro Tem Litster and Mayor Mashburn

NAYS: None

ABSENT: None

ABSTAINED: None

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Simi Valley, California, dated _J_a_n_u_ar_y 2_6_,_2_0_2_2_.

Lucy Blanco, CMC
City Clerk

5 28
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EXHIBIT A

Part 1

Subject to the standards and regulations in this urgency ordinance, Urban Lot Splits and Two-Unit Residential Developments shall be an allowed use in the OS, RE, RVL, RL, RM, and RPD zones.

Part 2

Two-Unit Residential Development

A. Purpose. The intent and purpose of this Section is to provide development and objective standards for Two-Unit Residential Developments as required by State law (SB 9).

B. Applicability. Pursuant to California Government Code Sections 66452.6, 65852.21 and 66411.7, as enacted by SB 9, the division of land and provisions for Two -Unit Residential Development in the OS, RE, RVL, RL, RM, and RPD zones, shall be subject to the standards set forth in this ordinance.

C. Authority. Requests for a Two -Unit Residential Development that comply with the requirements of this section shall be approved by the Deputy Environmental Services Director/City Planner with a Supplemental Zoning Clearance.

D. Qualifying Two -Unit Residential Developments. Qualifying Two-Unit Residential Developments are as defined in Government Code Section 65852.21. The reductions and exceptions in this section apply only to Two-Unit Residential Development in the OS, RE, RVL, RL, RM, and RPD zones, and any development on a lot or subdivided lot approved as an urban lot split.

E. Prohibited Development. Two-Unit Residential Development as described in this section shall be prohibited in the following locations and circumstances, pursuant to state law and as further specified below:

1. Rental Units. Two -Unit Residential Development shall not require the demolition or alteration of any of the following types of housing:

a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
b. Housing that has been occupied by a tenant in the last three years.

2. Prior Removal of Rental Units. Two Unit Residential Development shall not occur on a parcel on which an owner of residential real proper ty has exercised the owner’s right under Chapter 12.75 (commencing with Section 7060) of Division 7 29 DocuSign Envelope ID: CDB58087-9135-406E-AD9A-4825F4DFE0A6 ORD. NO. 1335
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of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

3. Demolition. No more than 25% of the exterior walls of the existing structure may be demolished unless the site has not been occupied by a tenant in the last 3 years.

5. High Fire Hazard Areas. Two-Unit Residential Development shall not be permitted within the Very High Fire Hazard Zones, unless proposed buildings are designed to meet the high fire constru ction standards adopted or enforced by the City, as determined by the Building Official, the Ventura County Fire District, or the State Fire Marshall, including, but not limited to, any requirement for fire sprinklers. No variance or modification to any Bu ilding or Fire Code requirements or high fire construction standards shall be permitted.

6. Restricted Areas. Two-Unit Residential Development shall not be permitted within the Alquist -Priolo Earthquake Fault Zone, 100 year flood zone, or the Habitat Connectivity and Wildlife Corridor unless proper mitigations are approved by the Building Official, Environmental Services Director (Habitat Connectivity and Wildlife Corridor), Public Works Director (100 year flood zone), or related agencies.

7. Historic Resources. Two-Unit Residential Development shall not be permitted on a lot with a designation as a historic property, or is a property included on the State Historic Resources Inventory, County Landmark or Structure of Merit on the Ventura County Historical Landmarks and Points of Interest or listed in the General Plan.

F. Number of Residential Units Allowed. The new units in a Two -Unit Residential Development may be permitted in the following configurations, provided that no more than two attached or detached residential units are in any one building on a lot. No more than four units shall be allowed on the original single-family lot. For the purpose of this section, “unit” means any dwelling unit, including, but not limited to, additional residential unit, primary residential unit, accessory dwelling unit (ADU), or junior accessory dwelling unit (JADU). The allowed configurations are as follows:

1. One new unit incorporated entirely within an existing residential unit.

2. One new unit incorporated entirely within an existing accessory building, including garages.

3. One new unit attached to, and increasing the size of, an existing residential unit or an existing accessory building.
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4. One new unit detached from and located on the same lot as an existing unit. A unit that is attached to another detached accessory building, but not another residential unit, or is attached by a breezeway or porch, is considered detached.

5. Two newly constructed attached units (duplex) or two detached residential units on a vacant lot.

6. A Two-Unit Residential Development in any of the configurations described above may be added to a newly created lot concurrently with an approval for an urban lot split; however, the provisions the provisions allowing an urban lot split shall not be used to permit more than two units on a lot.

7. If the property has an ADU or JADU constructed prior to January 1, 2022, they may be located on a property with a proposed Two-Unit Residential Development; however, a lot split would be prohibited in that instance.

G. Accessory Dwelling Units. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) may be permitted concurrently or subsequently to a two -unit residential project. However, parcels subdivided as an urban lot split are not permitted to have an ADU or JADU in addition to the Two -Unit Residential Development. No more than four units are allowed on the original single-family parcel. ADUs and JADUs may only be added to Two-Unit Residential projects in the following configurations:

1. A property developed with one (1) single -family residence can add one (1) Two - Unit Residential Development unit plus an ADU and JADU to the property.

Maximum of four (4) units.

2. A property developed with one (1) single-family residence, ADU and/or JADU can add one (1) SB 9 unit. Maximum of four (4) units.

3. A property developed with one (1) single-family residence can split the lot and add one (1) SB 9 unit to the lot with the residence. On the new lot they can construct two (2) new SB 9 units. No new ADU/JADU is allowed on either lot. Maximum of four (4) units between the two (2) lots.

4. A property developed with one (1) single-family residence, a detached ADU and/or JADU may split the lot using SB 9 if the detached ADU can be configured on the second lot. On the new lot, one (1) new SB 9 unit may be constructed. No new ADU or JADU is allowed on either lot. No new units may be constructed on the lot with the existing residence, ADU and/or JADU. Maximum of four (4) units between the two (2) lots.

H. Accessory Structures Allowed. Residential accessory buildings, such as garages that are not attached to the new residential unit may be permitted concurrently or subsequently to a Two -Unit Residential Development project, pursuant to SVMC Section 9-30.080 Setback and Separation Require ments. The maximum accessory building floor area shall apply to the original parcel, and not per residential unit. The cumulative square footage of all structures shall not cover more than 40% of any yard as defined in Section 9 -80.020 of the SVMC. Structu res shall include all residences, accessory buildings, sheds, gazebos, or other permitted structures. 31 DocuSign Envelope ID: CDB58087-9135-406E-AD9A-4825F4DFE0A6 ORD. NO. 1335
9 InterimUrgencyOrd. SB 9CCmtg1-24-22(klk)

I. Nonconforming Development. OS, RE, RVL, RL, RM, and RPD zoned lots already developed with two or more existing residential units, shall not use the provisions of this section to add floor area or residential units, or make any other alterations to the buildings or site otherwise prohibited by this ordinance, unless the development complies with all of the standards of this ordinance.

J. Rental Terms. Each unit may be rented separately, however rental terms shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one 31-day period occupancy by the same tenant.

K. Property Ownership. Two-Unit Residential Development requires a property owner to occupy one unit as their primary residence for a minimum of three years.

L. Tree Removal. If a property applies for subdivision under Two -Unit Residential Development regulations and contains a protected tree as defined in the Zoning Code, a tree report must be submitted and the regulations of Chapter 9 -38 Tree Preservation, Cutting and Removal must be followed.

M. Outdoor Lighting. All outdoor lighting shall comply with the objective standards in the City’s outdoor lighting ordinance (SMVC Chapter 9-30.040).

N. Undergrounding of Utilities. Existing onsite overhead utility lines shall be installed underground in compliance with SVMC Section 9-30.080.

O. Landscape Plans. A complete landscaping and irrigation plan pursuant to the City’s published design guidelines shall be submitted to and approved by the Environmental Services Division prior to the issuance of Zoning Clearance for a Two-Unit Residential Development. All landscape plans shall comply with the following front yard landscaping requirements in 9 -33.030 (Landscape Requirements) and 9 -33.040 (Maintenance Requirements).

P. Access to a Public Street. Every main building shall face or hav e frontage upon a public street or permanent means of access to a public street, using at least one of the methods described below. Pedestrian pathways and driveways are to comply with the requirements below:

1. Vehicular Access. When an urban lot split is done under the provisions of this code, automobile parking is required. Vehicular access to a public street or alley shall be provided by a paved driveway that complies with the minimum width, slope, materials, and other standards consistent with Public Wo rks Municipal Code Title 7, Chapter 1, Encroachments and Zoning Code Section 9-34 Parking and Loading Standards.

2. Landscape Buffer. Driveways adjacent to onsite buildings must be separated from building walls by a planting area with a minimum inside width of three feet. The same buffer, or a fence or hedge, shall be provided where parking areas, turnarounds, or driveways abut an adjacent residential property.

3. Pedestrian Access. When a lot is not split under the provisions of this code, pedestrian access to a public street or alley shall be provided with an exterior 32 DocuSign Envelope ID: CDB58087-9135-406E-AD9A-4825F4DFE0A6 ORD. NO. 1335
10 InterimUrgencyOrd. SB 9CCmtg1-24-22(klk)

pedestrian pathway from the primary entrances of each unit to the adjoining sidewalk, street, or alley. The pedestrian pathway shall be unobstructed, clear to the sky, and meet the following standards:

a. Minimum Width: Pedestrian pathways serving one or two units: 3 feet wide.

b. Maximum Length: Pedestrian pathways shall not be more than 200 feet in length.

c. Slope: Running grade shall not exceed 5% and cross slope shall not exceed 1:50.
d. Materials: Minimum 4 -inch-thick concrete, or concrete or brick pavers placed hand tight or mortared, on compacted subgrade or aggregate base, or other techniques or materials providing equivalent service. Gravel, mulch, dirt, stepping stones, or other similar loose materials that do not create a continuous passage are prohibited.

e. Lighting. Pedestrian pathways more than 100 feet in length, shall provide lighting at intervals not to exceed 50 feet.

f. Addressing. All addresses for residential lots using a shared driveway, must be displayed, for emergency responders, at their closest point of access to a public street and must comply with SVMC Section 8-21.17.

Q. Parking. One off -street automobile parking space, which shall be covered in an enclosed garage, is required for each unit in a Two -Unit Residential Development, except as exempted below.

1. Replacement Parking Required. When an existing garage, carport, or other covered parking structure is converted or demolished in order to construct a new unit, at least one replacement parking space, which shall be covered, must be provided for each unit, unless the project is exempt from parking.

2. Tandem Parking. Tandem parking inside a garage is allowed.

3. Location. Required parking must be on the same lot as the residential unit served.

4. Parking not required. Parking is not required for a Two -Unit Residential Development when:
a. A property is located within ½ mile walking distance of either a high -quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
33 DocuSign Envelope ID: CDB58087-9135-406E-AD9A-4825F4DFE0A6 ORD. NO. 1335
11 InterimUrgencyOrd. SB 9CCmtg1-24-22(klk)

b. If there is a car share vehicle located within one block of the parcel.

R. Hillside Subdivision Requirements. Lot splits proposed on properties that are located on slopes 20 percent or greater, are subject to the Chapter 9 -32 - Hillside Performance Standards.

S. Tentative Parcel Map. For all lots subdividing using this code section, an application for a Tentative Parcel Map shall be submitted in accordance with Chapter 9 -61 Tentative Map Filing and Processing.

1. Building Permit Required. Two -Unit Residential Development shall comply with applicable state and local building codes and s hall require approval of a building permit. The City shall ministerially approve or disapprove a complete building permit application for a Two-Unit Residential Development in compliance with state law and this section.

2. Basis for Denial. A two -unit housing development may be denied if the Building Official finds that the proposed development project would have a specific, adverse impact upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

3. Recorded Agreement. Before obtaining a building permit for a Two -Unit Residential Development, the property owner shall execute an agreement in a form acceptable to the City A ttorney, containing a reference to the deed under which the property was acquired by the present owner which outlines any limitations on rental terms of a Two -Unit Residential Development, any limitations with respect to owner occupancy that may be imposed in accordance with state law, and any limitations on further lot splits that may be imposed in accordance with state law.

T. Objective Development Standards. Except as otherwise specified in this section, Two-Unit Residential Development shall comply with t he objective development standards applicable to a principle or primary residential use on a lot for the housing type and base zone in which the lot is located, as follows:

1. Exceptions: The reductions and exceptions to the development standards normally applicable to residential development allowed in this section are for the express purpose of promoting the development and maintenance of more than one dwelling unit on the lot as required by State law (SB 9). If for any reason the development is not maintained on the lot in conformance with this ordinance, the lot shall be brought into compliance with all of the requirements for the residential development, or with the legal nonconforming condition of the lot prior to the development of the Two -Unit Residential Development, including, but not limited to, the requirements for open yard, setbacks, and covered parking.

2. Waivers and Variances not Allowed: A two-unit residential project may not include a request for an exception to any objective standar ds by applying for a variance, modification, exception, waiver, or other discretionary approval for height, density, setbacks, open yard, land use, or similar design or development standard. 34 DocuSign Envelope ID: CDB58087-9135-406E-AD9A-4825F4DFE0A6 ORD. NO. 1335
12 InterimUrgencyOrd. SB 9CCmtg1-24-22(klk)

3. Maximum Floor Area and Unit Size. The maximum allowable floor area shall apply to the lot as a whole, and not per residential unit. Notwithstanding the foregoing requirement, the maximum unit size is as follows:

a. One New Attached Unit. A new unit that is attached to, and increasing the size of, an existing residential unit shall not exceed 50% of the living area of the existing residential unit, provided that each unit is a maximum of 800 square feet.
b. One Converted Unit. A new unit that is incorporated entirely within an existing residential unit, or within an existing accessory building, is not limited in size except that it shall not exceed the footprint of the existing structure, unless the new unit is under 800 square feet, then the existing residential unit can be increased to a maximum of 800 square feet.

c. New Detached Units or New Duplex. Any newly constructed unit that is detached from another unit and which may or may not be attached to a garage or other accessory building, or when two newly constructed attached units (duplex) are proposed, each unit shall not exceed the following maximum unit size:
(1) Lots up to 5,000 square feet: 800 square feet maximum.

(2) Lots 5,001 to 8,000 square feet: 1,000 square feet maximum. (3) Lots 8,001 to 10.000 square feet or larger: 1,200 square feet maximum.

4. Building Separation. Unless attached to and made a part of the primary residential unit pursuant to Section 9 -30.080, Setback and Separation Requirements and Exceptions, no detached primary residential unit shall be closer than 10 feet, if single story, and 20 feet, if two story, to any other primary residential unit located on a separate lot; and no detached accessory building shall be closer than 6 feet to any other main or accessory building on the same lot.

5. Setbacks. All structures in a Two -Unit Residential Development, including accessory buildings, shall comply with the setback standards for the base zone, as shown in SVMC Section 9-30.080.D, Table 3-2; with the following exceptions:
a. Side Setback. The side setback may be four feet for a one -story building, and portions of the residential unit, not exceeding 18 feet in height. Second stories, and portions of a building exceeding 18 feet, up to a maximum of 30 feet in height, shall have a setback of 10 feet.

b. Conversion. No additional setback is required to convert the existing, legally permitted, floor area of a main or ac cessory building to Two -Unit Residential Development. Improvements to existing nonconforming buildings, including conforming additions, are allowed pursuant to Chapter 9 -72, Nonconforming Structures, Site Development, and Uses.
35 DocuSign Envelope ID: CDB58087-9135-406E-AD9A-4825F4DFE0A6 ORD. NO. 1335
13 InterimUrgencyOrd. SB 9CCmtg1-24-22(klk)

c. Substantial Redevelopment. No additional setback is required when an existing main or accessory building is substantially redeveloped and converted to a Two-Unit Residential Development, provided that the new building is reconstructed in the same location and with the same dimensions and floor area as the existing building and complies with all other requirements of state law.

d. Flag Lots. Setbacks for flag lots shall be measured in accordance with SVMC Section, 9-30.080 (C)(5).

e. Architectural Features and Accessory Structures . Setbacks for architectural features and accessory structures shall comply with SVMC Section 9-30.080.D Table 3-2.
f. For all other setbacks refer to Municipal Code Chapter 9-24.

6. Architectural Review . All developments shall be subject to the following architectural design criteria, or any other adopted objective design standards in effect at the time a complete application is submitted, as applicable to either new construction or exterior alterations, w hich shall be reviewed ministerially by the Environmental Services Director.

a. Garage Conversion. If a garage is converted to a new unit, the garage door opening shall be replaced with exterior wall coverings, or residential windows and doors, to match the existing residence.

b. Building Height. The construction of a new residential unit shall be limited in accordance with Section 9-30.060, Height Limits and Exceptions, and shall not exceed the following, whichever is greater:

(1) 18 feet and a maximum of one story when located closer than 10 feet to the side property line and 20 feet to the rear property line; or

(2) 30 feet and a maximum of 2 stories when located 10 feet from the side property line and 20 feet from the rear property line; or

c. Screening. All new utility equipment shall be installed in compliance with Section 9-30.030.A.2, Screening of Mechanical Equipment. d. Fences and Walls. Refer to 9-30.050.

Part 3
Filing and Processing of a Two-Unit Residential Tentative Parcel Map

A. Eligibility. A lot in a single-family residential zone shall be eligible for an urban lot split if it meets the following:

1. The parcel was not previously split under the provisions of this ordiance or SB 9; 36 DocuSign Envelope ID: CDB58087-9135-406E-AD9A-4825F4DFE0A6 ORD. NO. 1335
14 InterimUrgencyOrd. SB 9CCmtg1-24-22(klk)

2. The parcel map subdivides an existing parcel to create no more than 2 new parcels in a single-family residential zone; and

3. The minimum lot size of the resulting lots must be 1,200 square feet. No parcel created by this process may be less than 40% of the original lot size.

4. Owner Occupancy. Owner must occupy one of the units as primary residence for a minimum of 3 years from approval of final map for the urban lot split.

B. Approval Process

1. The City shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review;

2. The City shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section;

3. The City shall not impose regulations that require dedications of rights -of-way or the construction of off -site improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split;

4. The City may require conditions when considering an application for a parcel map for an urban lot split;
a. Easements required for public services and facilities, and

b. Easements required for access to the public right of way for vehicles, pedestrians or public utilities.

5. The City shall require an applicant for an urban lot split to sign an affidavit stating that they intend to comply with the owner occupancy requirement stated in this urgency ordinance.
37 RESOLUTION NO. SVPC 09-2023

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF SIMI VALLEY RECOMMENDING TO THE

CITY COUNCIL APPROVAL OF CITY-INITIATED
MUNICIPAL CODE AMENDMENT (Z-S-2023-0004) TO
REVISE PORTIONS OF TITLE 9 IN THE SIMI VALLEY

MUNICIPAL CODE, TO ESTABLISH OBJECTIVE DESIGN

STANDARDS FOR DEVELOPING TWO-UNIT

RESIDENTIAL DEVELOPMENTS, AND ESTABLISH RULES

AND REGULATIONS FOR SUBDIVIDING SINGLE-FAMILY

RESIDENTIAL PROPERTIES, IN RESPONSE TO STATE
SENATE BILL 9; AND A DETERMINATION THAT THE

AMENDMENTS ARE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.

WHEREAS, ON September 16, 2021, Governor Gavin Newson signed new housing laws, including State Senate Bill 9 (SB 9), which requires ministerial processing and approval of proposed housing developments containing two dwelling units per lot and the subdivision of one lot into two parcels, with no more than two units per parcel, within single-family zones; this bill became effective on January 1, 2022; and WHEREAS, on January 24, 2022, the City Council adopted Interim Ordinance No. 1335, which expires on December 17, 2023; WHEREAS, the proposed amendments to the Simi Valley Development Code will support the objectives and policies of the Housing Element of the City's General Plan; and
WHEREAS, the proposed amendments are exempt from review under the California Environmental Quality Act (CEQA; California Code of Regulations Section 2100, et seq.) and CEQA regulations (Title 14, California Code of Regulations Section 15000, et seq.) pursuant to Government Code Sections 65852.21 U) and 664111.7 (n). as ordinances intended to implement SB 9. In addition, the proposed amendments are exempt under CEQA Section 15061 (b) (3) as 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.

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

SECTION 1. The findings for approval of Z-S-2023-0004, contained in the Planning Commission staff report dated August 9, 2023, and incorporated herein by reference, are hereby recommended to the City Council for approval.

SECTION 2. Development Code Amendment Z-S-2023-0004, as specified in Exhibit A, attached hereto, is hereby recommended to the City Council for approval. 1 ZS20230004 PC Staff Report(mg)
EXHIBIT 2
38 RES. NO. SVPC 09-2023
SECTION 3. The time within which judicial review must be sought for administrative decisions is governed by California Code of Civil Procedure Section 1094.6.

PASSED and ADOPTED this 9th day of August 2023.

Attest:

VY\-~ Megan Grai
Recording Secretary
,,J ~ -- --------- ..
( J9h'n Tolson, Chairperson
L---planning Commission
_{
David Caceres
City Attorney
Approved as to Content:

JL~
Sean Gibson
Deputy Environmental Services Director/
City Planner
2 ZS20230004 PC Staff Report(mg)
39 RES. NO. SVPC 09-2023
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 August 9, 2023, by the following vote:

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

M'!J:n,~
Recording Secretary
3 ZS20230004 PC Staff Report(mg)
40 RES. NO. SVPC 09-2023

EXHIBIT A
Proposed Simi Valley Development Code Text Amendments (Z-S-2023-0004) (New language is shown as underlined, while deleted language is shown as strikethrough)
Part 1
SVMC - 9-24.030 Residential and Open Space District Land Uses and Permit Requirements, Table 2-2 Allowed Uses and Permit Requirements for Residential and Open Space Zoning Districts, is hereby amended to read as follows: (Note that only the sections that are being modified are shown).

Partial Table 2.2 Allowed Uses and Permit Requirements for Residential and o s z · D" t · t pen pace orunq 1s nc s
TABLE 2-2 p Permitted Use'"
Allowed Uses and Permit Requirements for CUP Conditional Use Permit required Residential and Open Space Zoning Districts HP Home Occupation Permit required - Use not allowed
LAND USE(1l PERMIT REQUIRED BY DISTRICT Specific
Use
OS I RE I RVL I RL RM j RMod I RH I RVH I MH Regulations Accessory p p p p p p p p p 9-44.160
dwelling unit
Junior p p p p p p p p - 9-44.160
Accessory
Dwelling Unit
Single-family p p p p p p - - -
dwellings
Two-Unit p p p p p p - - - 9-24.080 - - -
Residential
DeveloQment
Part 2
SVMC - Section 9-24.080 - Two-Unit Residential DeveloQment is a new DeveloQment Code Section that describes the standards for residential develoQment resulting from lot SQlits QUrsuant to "SB 9" as codified in Government Code Section 65852.21, and as follows:
9-24.080 Two-Unit Residential Development
A. Purpose and Intent. The intent and QUrQose of this Section is to Qrovide develoQment and objective standards for Two-Unit Residential DeveloQment, QUrsuant to California Government Code Sections 65852.21 and 66411.7, and subject to the standards as set forth in this ordinance.
4 ZS20230004 PC Staff Report(mg)
41 RES. NO. SVPC 09-2023

8. Authority. Requests for a Two-Unit Residential Development that comply with the requirements of this section shall be approved by the Director with a Zoning Clearance.

D. Qualifying Two-Unit Residential Development. Qualifying Two-Unit Residential Development is as defined in Government Code Section 65852.21. The exceptions in this section apply only to Two-Unit Residential Development in the OS, RE, RVL, RL, RM, RMod, and RPO zones, and any development on a lot or subdivided lot approved pursuant to SVMC Chapter 9-24.080, Urban Lot Split.

1. Rental Units. Two-Unit Residential Development shall not include the demolition, substantial redevelopment, or alteration of any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through the City's valid exercise of its police power.
c. Housing that has been occupied by a tenant in the last three years.

2. Prior Removal of Rental Units. Two Unit Residential Development shall not occur on a parcel on which an owner of residential real property has exercised the owner's right under California Government Code Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

3. Demolition. No more than 25 percent of the exterior walls of the existing structure may be demolished unless the site has not been occupied by a tenant in the last 3 years.

4. Substantial Redevelopment. Two-Unit Residential Development shall not include the substantial redevelopment of existing buildings, unless the replacement building conforms to current development standards in the zoning district or the replacement of a nonconforming structure is reconstructed in the same location and with the same dimensions and floor area as the existing building in accordance with SVMC 9-72.040(8)(1). Properties developed with Two-Unit Residential Development may expand the primary residence constructed prior to December 31, 2021, to a size that exceeds the allowed unit size with no maximum size restriction.
5 ZS20230004 PC Staff Report(mg)
42 RES. NO. SVPC 09-2023

5. High Fire Hazard Areas. Two-Unit Residential Development shall not be permitted within the Very High Fire Hazard Zones, unless proposed buildings are designed to meet the high fire construction standards adopted or enforced by the City, as determined by the Building Official, the Ventura County Fire District, or the State Fire Marshall, including, but not limited to, any requirement for fire sprinklers. No variance or modification to any Building or Fire Code requirements or high fire construction standards shall be permitted.

6. Restricted Areas. Two-Unit Residential Development shall not be permitted within the Alquist Priolo Fault Zone, 100 year flood zone, the Habitat Connectivity and Wildlife Corridor, prime farmland or farmland of statewide importance, wetlands as defined by the United States Fish and Wildlife Service, or a hazardous waste site, unless proper mitigations are approved by the Building Official, Environmental Services Director. (Habitat Connectivity and Wildlife Corridor), Public Works Director (100 year flood zone), or related agencies.

7. Historic Resources. Two-Unit Residential Development shall not be permitted on a property included on the State Historic Resources Inventory, on a lot designated as a historic property, County Landmark, or Structure of Merit on the Ventura County Historical Landmarks and Points of Interest or listed in the General Plan.

8. The City reserves the right to limit construction in locations where there is inadequ ate water or sewer services, impact on traffic flow, or public safety.

F. Number of Residential Units Allowed. A maximum of two Two-Unit Residential dwelling units are permitted on one lot. Units may be attached (duplex) or detached.

Each Two-Unit Residential dwelling unit is permitted one accessory dwelling unit ("ADU") in accordance with 9-44.160. A maximum of four total residential units are permitted on a single property inclusive of accessory dwelling units.

When a property is subdivided using the Urban Lot Split, a maximum of four (4) total dwellings units will be allowed, inclusive of ADUs.

G. Accessory Buildings Allowed. Residential accessory structures may be permitted concurrently or subsequent to a Two-Unit Residential project, pursuant to 9-30.080.

The cumulative square footage of all structures shall not cover more than 40% of any required yard as defined in Section 9-80.020. Structures shall include all primary residences, accessory dwelling units, accessory buildings, or other permitted structures.

H. Rental Terms. Each unit may be rented separately, however, rental terms shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one 31-day period occupancy by the same tenant.
6 ZS20230004 PC Staff Report(mg)
43 RES. NO. SVPC 09-2023
I. Property Ownership. Two-Unit Residential Development requires a property owner to occupy one unit as their primary residence for a minimum of three years from the date of the Certificate of Occupancy for the new primary dwelling unit. An affidavit form approved by the City must be completed and submitted with the zoning clearance application.

J. Access to a Public Street. Every main building shall face or have frontage upon a public street or permanent means of access to a public street, using at least one of the methods described below. Pedestrian pathways and driveways are limited to the minimum width required for access to each unit, garage, or required parking space.

1. Vehicular Access. When new garage parking is proposed, vehicular access to a public street or alley shall be provided by a paved driveway that complies with the minimum width, slope, materials, and other standards consistent with SVMC Title 7, Chapter 1 Encroachments and Section 9-34 Parking and Loading Standards. a. Landscape Buffer. Where feasible for existing site constraints, driveways adjacent to onsite buildings must be separated from building walls by a planting area with a minimum inside width of three feet. The same buffer, or a fence or hedge, shall be provided where parking areas, turnarounds, or driveways abut an adjacent residential property.
b. Driveway access. The new driveway may be located on either side of the existing residence regardless of existing garage location. Corner lots may take access from the secondary street with approval from the City Traffic Engineer.

2. Pedestrian Access. When a lot is not split under the provisions of this code, pedestrian access to a public street or alley shall be provided with an exterior pedestrian pathway from the primary entrances of each unit to the adjoining sidewalk, street, or alley. The pedestrian pathway shall be unobstructed, clear to the sky, and meet the following standards:
a. Minimum Width: Pedestrian pathways serving one or two units: 3 feet wide. b. Maximum Length: Pedestrian pathways shall not be more than 200 feet in length.
c. Slope: Running grade shall not exceed five percent (5%) and cross slope shall not exceed 1 :50.
d. Materials: Minimum 4-inch-thick concrete, or concrete or brick pavers placed hand tight or mortared, on compacted subgrade or aggregate base, or other techniques or materials providing equivalent service. Gravel, mulch, dirt, stepping stones, or other similar loose materials that do not create a continuous passage are prohibited.
e. Addressing: All addresses for residential lots using a shared driveway must be displayed at their closest point of access to a public street for emergency responders.
7 ZS20230004 PC Staff Report(mg)
44 RES. NO. SVPC 09-2023
K. Open Space. Each primary dwelling unit shall have a minimum size open space of 200 square feet designed as a continuous square, rectangle, or similar shape. Open space must be located outside the required setbacks. The cumulative square footage of all structures shall not cover more than forty percent (40%) of required yard as defined in Section 9-80.020. Structures shall include all primary residences, accessory dwelling units, accessory structures, or other permitted structures.

L. Parking. One off-street automobile parking space, which shall be in an enclosed garage dimensioned pursuant to SVMC 9-34.080.D, is required for each unit in a Two Unit Residential Development, except as exempted below.

If the garage was converted to an ADU or JADU prior to Two-Unit Residential development, a new one car garage is required for each primary dwelling unit.

2. Shared Garages. Each primary dwelling unit must have its own individual garage.

Garage dimensions must comply with SVMC Section 9-34.080.D.

3. Location. Required parking must be on the same lot as the residential unit served.

4. Parking is not required. Parking is not required for a Two-Unit Residential Development when:
a. A property is located within ½ mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
b. There is a car share vehicle located within one block of the parcel.

M. Hillside Performance Standards. Development proposed on lots outside the Valley Floor must comply with SVMC Chapter 9-32 Hillside Performance Standards.

N. Building Permit Required. Two-Unit Residential Development shall comply with applicable state and local building codes and shall require approval of a building permit. The City shall ministerially approve or disapprove a complete building permit application for a Two-Unit Residential Development in compliance with state law and this section.
8 ZS20230004 PC Staff Report(mg)
45 RES. NO. SVPC 09-2023

1. Basis for Denial. A two-unit housing development may be denied if the Building Official finds that the proposed development project would have a specific, adverse impact upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

2. A Zoning Clearance is required for each new primary dwelling unit. 0 . Objective Development Standards. Except as otherwise specified in this section, Two-Unit Residential Development shall comply with the objective development standards applicable to a principle or primary residential use on a lot for the housing type and base zone in which the lot is located, as follows:

1. Exceptions. The reductions and exceptions to the development standards normally applicable to residential development allowed in this section are for the express purpose of promoting the development and maintenance of more than one dwelling unit on the lot. If for any reason the development is not maintained on the lot in conformance with this section, the lot shall be brought into compliance with all of the requirements for the residential development, or with the legal nonconforming condition of the lot prior to the development of the Two-Unit Residential Development, including, but not limited to, the requirements for open yard, setbacks, and garage parking.

3. Maximum Unit Size. The maximum allowable floor area shall apply to each primary residential unit. Notwithstanding the foregoing requirement, the maximum unit size is as follows:
a. Lots up to 5,000 square feet: 800 square feet maximum. b. Lots 5,001 to 8,000 square feet: 1,000 square feet maximum. c. Lots 8,001 to 20,000 square feet: 1,200 square feet maximum. d. Lots 20,001 square feet or greater: 2,000 square feet If a property is subdivided using an Urban Lot Split, unit size shall be calculated based upon the new lot area and not the original lot area.

4. Setbacks. All structures in a Two Unit Residential Development shall comply with the setbacks as shown in SVMC 9-24.080 Table 3-2; with the following exceptions:
a. Flag Lots. Setbacks for flag lots shall be measured in accordance with SVMC Section, 9-30.080 (C)(5).
9 2S20230004 PC Staff Report(mg)
46 RES. NO. SVPC 09-2023
b. Architectural Features and Accessory Structures. Setbacks for architectural features and accessory structures shall comply with SVMC Section 9-30.080.D Table 3-2.
c. For all other setbacks refer to SVMC Chapter 9-24.

Table 3-2 - Two Unit Development Standards
Develo12ment Two Unit Residential Develo12ment Reguirement by Zoning District Feature
RVL I RL I RM I RMod-Single
Setbacks Minimum setbacks required. See Section 9-30.080 for setback measurement, allowed r2.rofections into setbacks, and excer2.tions to setbacks.

Front <•l 20 ft
Sides (each} <5l<6H8> 4 ft for 1-story structures, 18 ft tall max.; 4 ft for a 1-story element of a 2-story building, 18 Interior ft tall max.; 10 ft for a 2-story building wall, over 18 ft tall.

Streetside 4 ft for 1-story; 1 0 ft for 2-story
Rear <3) 4 ft for a 1-story structure, 18 ft tall max; 4 ft for a 1-story element of a 2 story building, 18 ft tall max; 20 ft for a 2-story building wall, over 18 ft tall.

Building 1 0 ft between single storv r2.rimarv structures,· 20 ft between two story_ r2.rimarv structures; Se12aration 6 ft between accessorv structures .

Height limit Maximum allowed height of structures,· see Section 9-30. 060 for height measurement and excer2.tions to these height limits.

Primary 2 stories, not to exceed 30 ft
structure <9)
Accessory 18 ft
structure <7H9l
Landsca12ing As reguired by Cha12ter 9-33 (Landsca12ing Standards}.

Parking 1 12arking s12ace in a garage 12er 12rimary dwelling unit

5. Architectural Review. All developments shall be subject to the following architectural design criteria, or any other adopted objective design standards in effect at the time a complete application is submitted, as applicable to either new construction or exterior alterations, which shall be reviewed ministerially by the Environmental Services Director.
a. Building Design. Additions or new construction shall comply with the following:
10 2S20230004 PC Staff Report(mg)
47 RES. NO. SVPC 09-2023
(1) On a site already developed with an existing residential unit, the new unit shall be designed and constructed to match or complement the existing paint color and exterior building materials, including but not limited to siding, windows, doors, roofing, light fixtures, etc.
(2) If residential development is proposed on a lot where no residential units currently exist, the units shall be constructed using the same architectural style, exterior building materials, colors, and finishes to complement the Planned Development or adjacent residences.
(3) Roofing material shall match the roof material of the original residence or if the property is vacant, then the roof material. shall match the adjacent residences.
b. Materials and Colors. New roofing and siding materials that are shiny, mirror like, or of a glossy metallic finish are prohibited. Materials and colors shall complement the building style.
c. Garage Conversion. If a garage is converted to a new unit, the garage door opening shall be replaced with exterior wall coverings, or residential windows and doors, to match the existing residence.
d. Screening. All new utility equipment shall be installed with compliance with 9-

30.030.A.2. Screening of mechanical equipment.
e. Fences and Walls. Refer to 9-30.050

1. Urban Lot Split. An Urban Lot Split shall comply with the following standards Eligibility. An Urban Lot Split shall be ministerially approved if all of the following apply:
a. The parcel was not previously split under the provisions of this Section or the provisions set forth in California Government Code Section 66411.7. b. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an Urban Lot Split as provided in this section.
c. Property is not located within a Very High Fire Hazard Area, the Alquist Priolo Fault Zone, 100 year flood zone, the Habitat Connectivity and Wildlife Corridor, prime farmland or farmland of statewide importance, wetlands as defined by the United States Fish and Wildlife Service, or a hazardous waste site, unless proper mitigations are a pproved b y the Building O fficial, Environmental Services Director (Habitat Connectivity and Wildlife Corridor), Public Works Director (100 year flood zone), or related agencies.
11 2S20230004 PC Staff Report(mg)
48 RES. NO. SVPC 09-2023
d. The property is not included on the State Historic Resources Inventory, is not designated as a historic property, County Landmark, or Structure of Merit on the Ventura County Historical Landmarks and Points of Interest, or listed in the General Plan.

2. Map Compliance. The Urban Lot Split shall conform to all applicable objective requirements of the California S ubdivision Map Act and SVMC Article 6 - Subdivisions (SVMC 9-60 through 9-68), except as modified by this Article.

3. Lot Area Minimum. The gross lot area of each newly created lot shall be no smaller than 1,200 square feet. No parcel may be less than 40% of the original lot size.

4. Two Lots Maximum. The Urban Lot Split may divide a lot of record to create no more than two new lots.

5. Lot Dimensions. An Urban Lot Split is not subject to the minimum lot width requirements as set forth by the underlying zone.

6. Required setbacks. Existing structures must comply with required setbacks.

8. Hillside Performance Standards. Urban Lot Splits proposed on properties that are located on slopes 20 percent or greater are subject to the SVMC Chapter 9-32.

9. Off-site improvements. The City shall not impose regulations that require dedications of right-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an Urban Lot Split. 1 a.Application. For all lots subdividing using this code section an application for a Tentative Parcel Map shall be submitted in accordance with SVMC Chapter 9-61 Tentative Map Filing and Processing
Part 3
SVMC - 9-80.020 - The Definition of Specialized Terms and Phases is hereby amended to read as follows: (Note that only the section that is being modified is shown.) 9-80.020 - Definitions of Specialized Terms and Phrases As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise.
12 ZS20230004 PC Staff Report(mg)
49 RES. NO. SVPC 09-2023
A. Definitions, "A"
Acting in Concert: A person that has common ownership or control of the subject parcel with the owner of the adjacent parcel, a person acting on behalf of, acting for the predominant benefit of, action on the instructions of, or actively cooperating with, the owner of the parcel being subdivided.

B. Definitions, "T"
Two-Unit Residential Development: No more than two primary residential units located on a single lot which are developed using the provisions of this ordinance or the provisions set forth in California Government Code Sections 65852.21 and/or 66411. 7. The residential units may be located in a single building that contains two residential units (also known as a duplex) or in two detached buildings.

C. Definitions, "U."
Unit: See Dwelling Unit
Urban Lot Split: Subdivision of an existing parcel into no more than two separate parcels that meet all the standards of this code and the provisions set forth in California Government Code Section 66411.7 and 66452.6.

Part 4
SVMC - 9-60.050 - Advisory Agency is hereby amended to read as follows:
9-60.050 Advisory Agency
Table 6-1 identifies the Advisory Agency for each type of subdivision and other decision required by this Article, and the roles of each Advisory Agency and other review authority in the application review process. In all cases, the Advisory Agency shall have the authority and responsibility to make all required findings and approve, conditionally approve, or disapprove the matters assigned to them in compliance with this Article and the Map Act, with rights of appeal assigned as noted in Table 6-1. Only the items modified or added are shown on Table 6-1 below:

TABLE 6-1 -AUTHORITY FOR SUBDIVISION DECISIONS
Type of Advisory Role of Advisory Aqencv and Review Authority'!' Subdivision Agency Planning City Planning City
Application or Director Engineer Commission Council
Decision
Two Residential Director Decision Recommend NIA NIA
Unit Parcel Map
(Ministerial)
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50 RES. NO. SVPC 09-2023
Part 5
SVMC 9-72.070- Allowed Alterations and/or Additions to Nonconforming Structures shall be revised as follows:

A. Elimination of nonconformity. The work shall be allowed in order to render the use or structure in conformity with this Development Code;
B. Compliance with laws. The work shall be allowed in order to comply with any law enacted subsequent to the adoption of this Development Code; C. Increase in area. New additions or alterations shall not increase existing nonconformities and shall be in compliance with the existing Development Code requirements;
D. Additional uses. Additional uses may be allowed on the site of a nonconforming use only in the case of a multi-tenant structure or site; where the nonconforming use is first discontinued and any replacement use complies with the applicable current Development Code provisions in effect for the subject zoning district; or the use is a single-family residence (except for properties developed as a Two-Unit Residential Development) and the addition or expansion of use or structure is consistent with the uses and structures of a single-family residence and traditional accessory structures and uses such as room additions, sheds, patio structures, and pools
E. Two-Unit Residential Development. P roperties developed with Two-Unit Residential Development may expand the original primary residence to a size that exceeds the allowed unit size with no maximum size restriction, if the primary residence was constructed prior to December 31, 2021.
14 ZS20230004 PC Staff Report(mg)
51 MINUTES OF THE MEETING OF THE

PLANNING COMMISSION

MOBILE HOME RENT MEDIATION BOARD

TREE ADV

ISORY BOARD
City
Council Chamber August 9, 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 6:30 p.m.

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL

Present: Commissioners Mayer and M ann; Vice Chairperson Rice; Chairperson Tolson

Absent: Commissioner Kennedy

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

5. APPROVAL OF MINUTES – June 7, 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
A. PUBLIC HEARINGS
52 Planning Commission Meeting
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Tree Advisory Board Minutes – Page 2 August 9, 2023

1. PD-S-2021-0007; Pacific Coast Civ il, Inc.: Continued public hearing to consider a request for a m odification to a planned development permit (PD-S-2021-0007) to install a solar canopy structure and solar carports on portions of an existing mobile home park, located at 1550 Rory Lane; and a determination that th e project is exempt from the California Environmental Quality Act
Staff Contact: Elizabeth Richardson
(805) 583-6334
Vice Chairperson Ric
e stated he had a brief phone call with Jerry Ross.

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

Associate Planner Elizabeth Richardson gave a presentation of the staff report.

Commissioner Mann recused himself from this hearing due to having a business transaction with one of the applicant’s consultant.

Chairperson Tolson opened the public testimony portion of the hearing.

The Applicant, Richard Doss, gave a brief presentation about the project.

Vice Chairperson Rice inquired about Crest Mobile Home Park and their role in this project. The applicant st ated that the community wa s invited to the meetings as they are a neighboring community. No one from the park attended.

Commissioner Mayer asked abo ut the maturity of the trees being planted. The landscape architect, Bob Bombardier, stated the shrubs are 15-gallon at 4 feet tall each. Commissioner Mayer also inquired about the solar rates and benefits for the mobile home park residents. Alan Brauer, developer working with the applicant, stated the solar will help stabilize the cost of power and therefore allow the mobile home park to not pass along rate increas es to its residents. James Yncera, manager at Simi Country Mobile Home Park, discussed power and power outages in the area and in the state. Commissioner Mayer asked if the system is able to support the resident’s needs. Alan Brauer stated the system was built based on the current usage within the park. Once built, battery backups will be hooked up and will generate power to the clubhouse to be the charging and cooling center when power is shut off.

The following speaker cards were submitted in opposition to the project:
 Rick Ball
 David Griggs
 Victoria Wright
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Mobile Home Rent Mediation Board
Tree Advisory Board Minutes – Page 3 August 9, 2023
Speakers in opposition to the project ex pressed their concerns regarding not enough plants used to screen the project, management can’t guarantee there will be no rate increases, management does not maintain the current mobile home parks so how will they be able to main tain the solar carports, and how will management guarantee the clubhouse be open in case of power outages.

The following cards were submitted in opposition to the project, but did not wish to speak:
 Janice Stone  Kristina Healy
The following speaker cards were submitted in support to the project:
 Jerome Ross
Jerome Ross submitted his speech in writing.

The following cards were submitted in supp ort to the project, but did not wish to speak:
 Clifford Alh
 Laurie Walker
 Lyne Green
 David and Kelly Williams
 Montty Pettys
Christoper Alessi submitted a card for comment speaking only. He hopes both sides can come to an agreement and this project is completed.

Principal Planner Claudia Pedroso answe red some questions from the public testimony portion. Landscaping will be maintained for the lifetime of the permit, the reasoning with the Neighb orhood Council outcome, and rendering B-B shows vines at each post but will refer the screening question to the applicant.

The applicant team reiterated the rates and benefits the tenants will receive from solar. The team stat ed they are willing to add more landscape as stated to keep all parties involved happy.

Chairperson Tolson closed the public testimony portion of the hearing.

Commissioner Mayer asked for more clarification on whom will the cost be passed on to and who will maintain the project.

Chairperson Tolson reopened the public testimony.

Mr. Brauer stated no cost will be forwarded to any tenant. The park owner will pay for the whole project. No rate increases, only normal cost of living increases.

Chairperson Tolson closed the public testimony portion. 54 Planning Commission Meeting
Mobile Home Rent Mediation Board
Tree Advisory Board Minutes – Page 4 August 9, 2023
Commission comments:

Vice Chairperson Rice stated he wished the process for the entire project had been different from the beginning. He apprec iates that the applic ant went to the Neighborhood Council meeting and has met the required standards.

Commissioner Mayer stated she wished the trees were larger and she wished there would be rent control.

Chairperson Tolson stated at the previous Planning Commission meeting, certain criteria was asked and the applicants followed through. He stated management communication may be needed within the mobile home park, but that is a separate topic that is not part of this current project.

COMMISSIONER MAYER MOVED THAT THE

PLANNING COMMISSION OF THE CITY OF SIMI

VALLEY ADOPT A RESOLUTION APPROVING A
PLANNED DEVELOPMENT PERMIT (PD-S-2021-
0007) TO INSTALL A SOLAR CANOPY STRUCTURE

AND SOLAR CARPORTS ON PORTIONS OF AN
EXISTING MOBILE HOME PARK; AND A

DETERMINATION THAT THE PROJECT IS EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
Vice Chairperson Rice seconded the motion.

AYES: Commissioner Mayer; Vice Chairperson
Rice; and Chairperson Tolson
NAYS: None
ABSTAIN: Commissioner Mann
ABSENT: Commissioner Kennedy
The appeal period for PD-S-2021-0007 is 14 calendar
days.

The Planning Commission recessed for five minutes and reconvened at 7:45 p.m. with all Commissioners present.

11. NEW BUSINESS
A. PUBLIC HEARINGS
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Tree Advisory Board Minutes – Page 5 August 9, 2023

1. Z-S-2023-0004; City of Simi Valley: To consider City Initiated Municipal Code Amendment (Z-S -2023-0004) to establish
requirements for residential development in response to state housing legislation (SB 9) in residential zoning districts for qualifying residential projects; and a determinat ion that the project is exempt from the California Environmental Quality Act
Location: City Wide
Staff Contact: Elizabeth Richardson
(805) 583-6334
There were no ex parte communications to report.

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

Associate Planner Elizabeth Ric
hardson gave a presentation of the staff report.

Commissioner Mayer asked if the City has problems meeting moderate and above moderate housing, is there no requirement for SB 9 units to be affordable, and can HOAs have any jurisdiction over allowing or not allowing SB 9 units.

Staff answered that the City always meet s the housing requirements as well as going above the requirement, there is no r equirement to be affordable housing units, and HOAs could potentially restrict SB 9.

Commissioner Mann asked for clarification on whether SB 9 is allowed or not allowed in very high fire z ones. Mitigation is allowed if a property is located in a very high zone. He also inquired how the City will enforce proper ty owners to live on-site for three years with staff responding that an affidavit will need to be signed.

Chairperson Tolson opened the public testimony portion of the hearing.

As there were no audience members, Chairperson Tolson closed the public testimony portion of the hearing.

Commission comments:

Vice Chairperson Rice and Commissioner Mayer both stated staff did an excellent job.

VICE CHAIRPERSON RICE MOVED THAT THE

PLANNING COMMISSION OF THE CITY OF SIMI

VALLEY RECOMMEND TO THE CITY COUNCIL

APPROVAL OF CITY-INITI ATED MUNICIPAL CODE
AMENDMENT (Z-S-2023-0004) TO REVISE
PORTIONS OF TITLE 9 IN THE SIMI VALLEY

MUNICIPAL CODE, TO ESTABLISH OBJECTIVE

DESIGN STANDARDS FO R DEVELOPING TWO-
56 Planning Commission Meeting
Mobile Home Rent Mediation Board
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UNIT RESIDENTIAL D EVELOPMENTS, AND

ESTABLISH RULES AND REGULATIONS FOR

SUBDIVIDING SINGLE-F AMILY RESIDENTIAL

PROPERTIES, IN RESPONSE TO STATE SENATE
BILL 9; AND A DETERMINATION THAT THE

AMENDMENTS ARE EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT

Commissioner Mann seconded the motion.

AYES: Commissioners Mayer and Mann; Vice
Chairperson Rice; and Chairperson
Tolson

NAYS: None

ABSTAIN: None

ABSENT: Commissioner Kennedy

12. ORAL COMMUNICATIONS AND REPORTS
A. STAFF
Deputy Environmental Services Director/City Planner Sean Gibson stated there will be back-to-back meetings this month on August 23, 2023.

B. PLANNING COMMISSION – None
C. MOBILE HOME RENT MEDIATION BOARD – None
D. TREE ADVISORY BOARD
Staff is still following up on prior requests regarding street trees and a presentation will take place in September or October.

13. ADJOURNMENT
The regular meeting of the Planning Commission of the City of Simi Valley was adjourned at 8:12 p.m. The next schedul ed Planning Commission meeting is on August 23, 2023.

Minutes prepared by:

Megan Grai
57 EXHIBIT 3

PLANNING COMMISSION STAFF REPORT
AUGUST 9, 2023
Z-S-2023-0004
SB 9
INDEX
August 9, 2023 Planning Commission Staff Report
April 26, 2023 Planning Commission Staff Report
Senate Bill 9
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ZS20230004 PC Staff Report(mg)

CITY OF SIMI VALLEY

MEMORANDUM
August 9, 2023
TO: Planning Commission
FROM: Sean Gibson, Deputy Environmental Services Director/City Planner SUBJECT: A PUBLIC HEARING TO CONSID ER RECOMMENDING TO THE CITY

COUNCIL CITY-INITIATED MUNICIPAL CODE AMENDMENTS (Z-S-
2023-0004) TO ESTABLISH OBJECTIVE DESIGN STANDARDS AND TO

ESTABLISH RULES AND REGULATION S FOR SUBDIVIDING SINGLE-

FAMILY RESIDENTIAL PROPERTIES IN RESPONSE TO STATE
SENATE BILL (SB) 9 IN RESIDENTIAL ZONING DISTRICTS; AND A

DETERMINATION THAT THE AMENDMENTS ARE EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT

RECOMMENDATION
It is recommended that the Planning Commi ssion recommend to the City Council the approval of Z-S-2023-0004 to amend portions of Titl
e 9 of the Simi Valley Municipal Code
establishing objective design standards for residential development in response to SB 9; and a determination that the amendments are exempt from the California Environmental Quality Act

BACKGROUND AND OVERVIEW
Senate Bill 9 (SB 9)
SB 9, also known as the “California Housing Opportunity and More Efficiency Act,” allows
property owners to develop a single-family lot with up to two primary dwelling units (Two- Unit Residential Development) and accessory units, for a total of four units, and/or divide the property into two individual lots (Urban Lot Split). Though SB 9 limits local agencies' ability to restrict Two-Unit Residential De velopment or Urban Lot Sp lits, it does allow a local agency to impose objective zoning, design, and subdivision standards. The following is a chronology of events from when SB 9 was signed:
 September 16, 2021 – Governor Newsom signs Senate Bill 9 (SB 9);  December 20, 2021 – Simi Valley’s City Council adopted Ordinance No. 1331, as an urgency measure to create Interim Standards;
 January 1, 2022 – SB 9 became effective statewide;
 January 24, 2022 – Simi Valley’s City Council approves Ordinance No. 1335 (Exhibit 1) extending t he SB 9 Interim Standards until December 17 2023. The January 24, 2022, City Council Staff Report excerpts are included in Exhibit 2; AGENDA ITEM NO.

11.A
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ZS20230004 PC Staff Report(mg)

 April 26, 2023 – Simi Valley’s Plann ing Commission discuss ed opportunities to improve the Interim SB 9 Ordinance and provided feedback to staff on updates to topics including parking, open space, unit si zes, and expansion to existing single family residences. (Refer to Exhibit 3 for the staff report and meeting minutes)

SB 9 allows a local agency to impose objective zoning and design standards as long as the standards do not prevent the construction of up to two units. It also requires ministerial approval of a parcel map for an Urban Lot Split in a single-fam ily residential zone, if it meets certain requirements; as well as other objective zoning, subdivision, and objective design standards, unless those standards would prevent the construction of two units that of at least 800 square feet in floor area.

The permanent ordinance will help the City m eet the objectives of Housing Element Program 16 which has the objective to maintain sites for all income groups throughout the City. SB 9 will help meet this objective by providing opportunities for moderate income housing (“missing middle”) and above moderate income housing within the city.

Included in this report is the proposed Permanent Ordinance that outlines the requirements and objective design standards for the two SB 9 types of projects:

 Two-Unit Residential Development, wh ich allows for the development of two primary dwelling units on a single-family residential lot, not including allowed accessory dwelling units and,
 Urban Lot Split, which allows homeowne rs in urban areas to do a one-time subdivision of an existing single-family residential lot into two lots.

Current Interim Ordinance No. 1335

The current Interim Ordinance was introduced in order to implement “SB 9” requirements into the City’s Municipal Code, add objecti ve design standards based on the flexibility allowed by this law, and provide for mi nisterial processing and approval without discretionary review or public hearing. This interim ordinance is due to expire on December 17, 2023.

The following are requirement s needed to be met in order to qualify for a Two-Unit Development and/or Urban Lot Split under current state law:

 Must be within a single-f amily residential zone;
 Must be located wholly within an urbanized area or urban cluster;  Property cannot be located wit hin any of the following:
o Prime farmland or farmland of Statewide Importance;
o Wetlands; or Land identified for conserva tion or land under a conservation easement;
o Habitat for protected species;
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ZS20230004 PC Staff Report(mg)
o A historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a County Landmark or historic property or district;
o A High or Very High Fire Hazard Severity Zone per the Local and State Responsibility Area.
 Property can be located wit hin the following areas ONLY , if certain specified requirements are met:
o A hazardous waste site as determined by the State;
o Within a delineated earthquake fault zone (Alquist-Priolo Earthquake Fault Zone);
o In a Very High Fire Hazard Zone ( unless designed to meet the high fire construction standards);
o Within a 100-year floodplain or floodway.
 Project qualifies if it does not alte r nor demolish any of the following:
o Deed-restricted affordable housing;
o Rent-controlled housing;
o Housing on lots with an Ellis Ac t eviction in the last 15 years; o Housing currently occupied by a tenant, or occupied by a tenant in the last three years.
 Project cannot demolish mo re than 25% of exterior walls on a building that currently has a tenant or has had a tenant in the last three years, even if the rental unit isn’t altered.
 For Urban Lot Splits:
o Each new lot is at least 1,200 sq. ft.;
o Lot must be split roughly in half – smaller lot must be at least 40% of the original lot;
o Lot was not created by a previous SB 9 lot split;
o Lot is not adjacent to another lot that has been split using SB 9 by the same owner, or any person acting in concert with the owner;
o One lot to be owner-occupied for a minimum of three years.

The City also imposed the following requirements:
 One required parking space inside an enclosed garage is required;  Units over 800 square feet in size are a llowed on properties 5,000 square feet or more, whether it is an existing lot or a newly SB 9 split lot; and  Primary dwelling units have a 10-f oot wide separation between buildings.

Proposed Municipal Code Amendments

Interim Ordinance No. 1335 is due to expire on De cember 17, 2023. Therefore, staff is now proposing a permanent ordinance that will codi fy objective zoning, subdivision, and design standards. While the majority of t he Interim Ordinance will become part of the Permanent Ordinance, additional modifications were made to parking requirements, unit sizes, interior setbacks, nonconforming rules, and the addition of an open space requirement. To accomplish this, the following code sections will be added or amended:

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ZS20230004 PC Staff Report(mg)

1. SVMC 9-24.030 – Add Two- Unit Residential Development Use to the Allowed Uses and Permit Requirements Table

2. SVMC 9-24.080 – Introduction of Two-Unit Residential Development Standards

3. SVMC 9-24.080 and 9-60.050 – Filing and Processing of Urban Lot Split

4. SVMC 9-72.070 – Addition of new allo wed additions and alternations to non- conforming structures

5. SVMC 9-80.020 – Addition of 3 new definitions

The proposed permanent ordinance is provided in Exhibit A of the Resolution (Page 16).

The section below summarizes the proposed changes.

1. Permitted Use (SVMC 9-24.030)

The Interim Ordinance introduced Two-Unit Residential Development as a new land use.

The new use will be permitted in the Open Spac e, Residential Estate, Residential Very Low, Residential Low, Resi dential Medium, Residential Moderate, and Residential Planned Development Zoning Districts, as shown below.

Table 2-2 (SVMC Section 9-24.030)

TABLE 2-2
Allowed Uses and Permit Requirements for
Residential and Open Space Zoning Districts
P Permitted Use (2)
CUP Conditional Use Permit required
HP Home Occupation Permit required
— Use not allowed

LAND USE (1) PERMIT REQUIRED BY DISTRICT Specific
Use
Regulations
OS RE RVL RL RM RMod RH RVH MH
Two-Unit
Residential
Development
P P P P P P — — — 9-24.080

2. Two-Unit Residential De velopment (SVMC 9-24.080)

The current “SB 9” Interim Ordinance included a new section that specified the requirements and standards for Two-Unit Residential Development and Urban Lot Splits.

The majority of the Interim Ordinance rema ins as stipulated with some clean-up items and new added requirements. The following are requirement s that will be part of the permanent ordinance (modified and added sections are identified below).

a. Prohibited Development . The Two-Unit Residential Development use is not permitted on lots with residences that are income restri cted or were previously used as rental housing. De molition of more than 25 per cent of the residence is prohibited and the property must be located outside the Alquist Priolo Fault Zone, 100 Year Flood Zone, and Wildlife Corridors. If a property is located within the Very High Fire Zone,it must be designed to meet the high fire construction standards of the California Building Code.

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ZS20230004 PC Staff Report(mg)
b. Number of Resident ial Units Allowed . A maximum of two Two-Unit Residential dwelling units are permitted on one lot. Units may be attached (duplex) or detached. Each Two-Unit Residential dwelling unit is permitted an accessory dwelling unit in accordance with 9-44.160. A maximum of four total residential units are permitted on a single property (Figure 1).

Figure 1 – Examples of Two-Unit Development1

One Duplex + Two Detached ADUs Two Primary Dwellings + One JADU (4 Units) (3 Units)

When a property is subdivided using the Ur ban Lot Split, each new lot is allowed a maximum of two residential units inclus ive of accessory dwelling units for a maximum of four units total combined (Figure 2).

Figure 2 – Examples of Urban Lot Splits
2 Two Dwelling Units in Each Lot Two Primary Dwelling Units + One (2 Units) JADU + One Detached ADU
( 4 U n i t s )

1 Los Angeles City Planning website
2 Los Angeles City Planning website
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ZS20230004 PC Staff Report(mg)

c. Accessory Buildings Allowed. Residential accessory structures, may be permitted concurrently or subsequent to a Two-Un it Residential Development pursuant to SVMC Section 9-30.080.

The cumulative square footage of all struct ures shall not cover more than 40% of any required yard as defined in Section 9-80.020. Structures shall include all primary residences, accessory dwelling units, accessory buildings, or other permitted structures.

d. Accessory Dwelling Units. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) may st ill be incorporated into a tw o-unit residential project in accordance with 9-44.160, as long as the number of units , including primary units, do not exceed four units.

e. Rental Terms. Each unit may be rented separately however rental terms may not be less than 31 consecutive days.

f. Access to the Public Street. Every residential unit will be required to either face or have frontage on a public street or access to a public street using at least a vehicle access or pedestrian access.

g. Open Space (added from the Interim Ordinance) . This is a new proposed requirement and its purpose is to allow for private open s pace similar to what is required for other residential projects. A minimum size open space of 200 square feet designed as a continuous square, rectangle, or similar shape would be required for each dwelling unit. Open space must be located outside the required setbacks.

h. Parking (modified from the Interim Ordinance). One covered off-street parking space in a garage will be required for each unit, unless the property is located within a ½ mile of a high-quality transit corridor or a major transit stop or if there is a car-share vehicle located within one block of the parcel.

The proposed changes from the Interim Ordinance include not allowing shared garages and requiring each primary dwelling unit to have its own individual garage.

i. Hillside Subdivision Requi rements (modified from the Interim Ordinance).

Proposed Urban Lot Splits and Two-Unit Residential Developments on properties with slopes greater than 20% must meet the requiremen ts of Chapter 9-32 – Hillside Performance Standards.

j. Waivers and Variances. No variances or waivers to the objective design standards will be granted on SB 9 related projects related.

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ZS20230004 PC Staff Report(mg)
k. Objective Development Standards. SB 9 gives cities the ability to regulate the site plan and architectural desig n with the adoption of objective standards. The Permanent Ordinance proposes objective design standards for purposes of regulating the addition of units and subdivision allowed under SB 9.

(1) Maximum floor area and unit size (m odified from interim ordinance) .

Maximum unit size will be determined based on the size of the lot. As a response from inquiries to allow la rger residential units depending on the size of the lot, the proposed requirement is, as follows:
 Lots up to 5,000 square f eet: 800 square feet maximum  Lots 5,001 to 8,000 square fee t: 1,000 square feet maximum  Lots 8,001 to 20,000 square feet: 1,200 square feet maximum.  Lots over 20,001 square feet: 2,000 square feet.

(2) Building Separation. No detached one-story building can be closer than 10 feet to any other main building on the same property, and 20 feet if the new building is two stories. No detached accessory structure can be closer than 6 feet to any other accessory building on the same lot.

(3) Setbacks (modified from the Interim Ordinance). The setbacks for all structures including accessory structures must comply with the setbacks for the base zone with some exceptions . An added item from the interim ordinance is the requirement for interior and streetside setbacks:
 Interior Setbacks
o One story, maximum 18 feet tall – 4 feet side yard and rear yard o Two story, 18 feet to 30 feet ta ll max. – 10 feet side yard and 20 feet rear yard.
 Streetside Setback
o One story, 4 feet minimum
o Two story, 10 feet minimum

(4) Architectural Review . All development will be subject to the following architectural design criteria. If the proposed development is located on a lot developed with a single-family residence, the additions must be designed and constructed to match t he existing paint colors and exterior building materials including windows, doors, roofing, etc. If the property is not developed, the new units must be constructed in the same architectural style, exterior materials, paint co lors, and finishes to complement the Planned Development or adjacent structures.

Table 3-2 has been included in the ordinance and contains all development standards for Two-Unit Residential Development.

3. Filing and Processing a Two Unit Residential Parcel Map (Urban Lot Split)

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a. Authority for Subdivision Decisions (SVM C 9-60.050) (modified from the Interim Ordinance). Properties eligible for developm ent under the requi rements of the Two-unit Residential use type are eligible for subdivision as a ministerial decision by the Environmental Services Director and the City Engineer. The decision- maker authority has been added to Table 6-1 located in Chapter 9-60.050.

Table 6-1 – Authority for Subdivision Decisions.

Type of
Subdivision
Application or
Decision
Advisory
Agency
Role of Advisory Agency and Review Authority
(1)
Planning
Director
City
Engineer
Planning
Commission
City
Council
Two Residential
Unit Parcel Map
(Ministerial)
Director Decision Recommend N/A N/A

b. Urban Lot Split (SVMC Section 9-24.080) - Eligible properties may process an Urban Lot Split, if the property was not previously divided, is subdivided into a maximum of two parcels and each new lot is a minimum of 1,200 square feet, but no less than 40% of the original lot size.

The approval process for said maps wo uld be a ministerial decision by the Environmental Services Director, as long as the Urban Lot Split meets all objective requirements of the Subdivision Map Act and the applicant signs an affidavit stating that one of the units will be t heir primary residence for a mi nimum of three years.

Off-site right-of-way dedications and/or easements for public access may also be required.

4. Allowed additions and al ternations to non-conforming structures (SVMC 9-72.070) (added from the Interim Ordinance) – This amended code section will allow Two-Unit Development projects to add on to the existing primary dwelling unit, without any size restrictions, if the original primary house was built prior to December 31, 2021. Once a Two-Unit Development project adds a second primary residential unit to the existing primary residential unit, both residential units become SB 9 units, and, as such, the maximum size for each house is 800 square feet, 1,000 square feet, 1,200 square feet, or 2,000 square feet, depending of lot size. This language will allow for residences that were built prior to the enactment of SB 9 (December 31, 2021) to be expanded, even if it exceeds the allowed SB 9 unit size.

FINDINGS AND ALTERNATIVES

The goal of the Two-Unit Re sidential Development Ordinanc e is for the adoption of Objective Zoning, Subdivision, and Design Standards for the implementation of SB 9. For the Municipal Code Am endments, findings of approval ar e required to be made. The proposed Two-Unit Residential Development Ordinance and applicable definitions and subdivision amendments are consistent with the following findings:

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1. Development Code Text Amendment Finding (SVMC Section 9-73.070): The amendments are consistent with the General Plan, in compliance with State Law (Government Code Section 65863.6), in that the Two-Unit Residential Development and Urban Lot Split text amendm ents are consistent with the following General Plan Land Use Policies:

General Plan Policy LU-2.1 (Housing) states: “Provide opportunities for a full range of housing types, locations, and densities to addr ess the community’s fair share of regional housing needs and to provide market support to economically sustain commercial land uses in Simi Valley. The mix, density, size, and location of housing shall be determined based on the projected needs specified in the Housing Element as amended periodically” in that the pr oposed Permanent Ordinance provides for different housing opportunities. Two-Un it Residential Development and Urban Lot Split projects will provide for different housing that will support the “missing middle” housing market, while economically supporting commercial land uses.

General Plan Policy LU-5.1 (Development Com patibility) states: “Locate and design development to assure compatibility among land uses, addressing such elements as building orientation and setbacks, buffering, visibility and privacy, automobile and truck access, impacts of noise and lighting, landscape quality, and aesthetics.” The proposed Permanent Ordinance incorporat es objective zoning, design, and subdivision standards that pr ovides requirements for se tbacks, building height, and maximum unit size to ensure neighborhood compatibility and orderly lot design.

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

2. Development Code Text Amendment Finding (SVMC Section 9-73.070): The City has considered the effect of this amendment on the housing needs of the region and has balanced these needs against the public service needs of its residence and against available fiscal and environmental res ources, in compli ance with State law (Government Code Section 65863.6), in that, in compliance with State law, the amendment increases the potential availabl e housing supply. The purpose of the State law SB 9 is to streamline the process to approve housing units on single family zoned properties in order to increase the number of housing units located throughout the State. In compliance with California Government Code Sections 66452, Section 65852.21, and 66411.7, the z oning text amendments provide object zoning, subdivision, and design standards for property owners to follow for the creation of new housing on their properties. Further, the objective zoning, subdivision and design standards do not preclude a pr operty from being developed to meet the minimum requirements of State Law. Therefore, this finding has been met.

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ENVIRONMENTAL REVIEW AND CEQA REQUIREMENTS

The proposed amendments are exem pt from review under t he California Environmental Quality Act (CEQA; California Public Resources Code Section 2100, et seq.) and CEQA regulations (Title 14, California Code of Regul ations Section 15000, et seq) pursuant to Section 15061(b)(3) which states that: “A projec t 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. W here 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 provide objective zoning, subdivision, and design standards for the Two- Unit Residential Development and Urban Lot Split use type pr ojects. Therefore, the project would not have a significant effect on the environment and is exempt from further review under CEQA. A copy of the Notice of Exemption is provided as Attachment A on page 27.

INDEX Page

Planning Commission Procedure .......................................................................... 11 Resolution ............................................................................................................. 13 Exhibit A ......................................................................................................... 16 Attachment A: Notice of Exemption ...................................................................... 27 Exhibit 1 – Interim Ordinance 1335
Exhibit 2 – January 24, 2022 City Council Staff Report
Exhibit 3 – April 26, 2023 Planning Commission Staff Report and Minutes

68 SB-9 PC Staff Report (mg)

CITY OF SIMI VALLEY

MEMORANDUM

April 26, 2023

TO: Planning Commission

FROM: Sean Gibson, Deputy Environmental Services Director/City Planner

SUBJECT: DISCUSSION AND REQUEST FOR DIRECTION ON STANDARDS FOR TWO-UNIT RESIDENTIAL DEVELOPMENTS (SB-9) TO BE
INCORPORATED INTO A PERMANENT ORDINANCE.

RECOMMENDATION

Staff recommends that the Planning Commission receive the report and provide direction to staff on permanent provisions for Two-Unit Residential Developments (SB-9).

BACKGROUND AND OVERVIEW

On September 16, 2021, Governor Newsom signed Senate Bill 9 (SB-9), described as a Two-Unit Residential Development, and became effective on January 1, 2022. This new Senate Bill allows property owners to develop a single-family lot with up to two primary dwelling units (Two-Unit Residential Devel opment) and/or divide the property into two individual lots (Urban Lot Split) (Exhibit 1). Though SB-9 limits agencies' ability to restrict Two-Unit Residential Developm ent or Urban Lot Splits, it does allow a local agency to impose objective zoning, design, and subdivision standards.

On December 20, 2021, the City Council adopted Ordinance No. 1331 as an urgency measure to create interim standards to address SB-9, and Ordinance No. 1335 was adopted on January 24, 2022, extending the interim SB-9 Standards, which will expire on December 17, 2023, and which time a permanent ordinance must be enacted. Refer to Exhibit 2 for Ordinance No . 1335. The January 24, 2022, City Council Staff Report excerpts are included in Exhibit 3.

The current Interim Ordinance allows for mi nisterial processing and approval of two primary residential structures , without discretionary review or public hearing if the development meets specific criteria, such as:

 Does not include demolition or alteration of an income-restricted affordable unit in the moderate, low, or very low-income category;

 Does not include demolition or alteration of a unit that has been occupied by a tenant in the last 3 years;

 Does not exceed a maximum of 25 percent demolition or alteration of the exterior walls;

AGENDA ITEM NO.

11.B.1

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 The property is not located in the Very High Fire Hazard Zone (unless designed to meet the high fire construction standards), Alquist-Priolo Earthquake Fault Zone, 100- year flood zone (unless certain mitigation measures can be achieved to determine buildable areas), or a wildlife corridor;

 Property had not been previously subdivided using an Urban Lot Split;

 Allow a maximum unit size of up to 800 square feet;

 Side yard and rear yard setbacks shall not be more than four feet for a single-story unit; and

 Subdivided lots must have a minimum lot size of 1,200 square feet and each lot created by the lot split must be at least 40 percent of the original lot size.

In addition, the interim ordinance includes City of Simi Valley provis ions allowed by the new law, which include:

 One required parking space inside an enclosed garage;

 Allow units over 800 square feet on properties 5,000 square feet or more, whether it is an existing lot or a newly SB-9 split lot; and

 Require primary dwelling uni ts to have a 10-foot wide separation between buildings.

Prior to the adoption of the Interim Ordinance by the City Council, on December 15, 2021, the Planning Commission was presented wit h a proposed ordinance, which was continued to a date uncertain to allow fo r additional research and discussion on the following topics:

 Parking compliance and enforcem ent of vehicles inside garages;

 Type of required parking; and

 Vehicle access to SB-9 and ADU parking locations.

DISCUSSION

The purpose of this discussion is to explor e opportunities to improve the interim SB-9 ordinance and incorporate changes into the permanent Two-Unit Residential Development ordinance prior to its sunset date of December 17, 2023. Since the Interim Ordinance was adopted in 2022, several proper ty owners have approached the City to develop their property using SB- 9. Through conversations and review of proposed site plans, staff has assembled a list of items that could be amended as part of the permanent final ordinance. These include: 1) parki ng requirements, 2) open space requirements, and 3) larger unit sizes.

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Staff will continue to refine the “permanent” Ordinance and will bring the final draft to a Planning Commission Public Hearing by August 9, 2023, and to the City Council for Public Hearing by October 9, 2023, to ensure that a permanent ordinan ce is in place prior to December 17, 2023.

1) Required Parking

State SB-9 law allows cities to require no more than one off-street parking space for each SB-9 unit. One exception to this is when the property is located within a half- mile radius of a high-quality transit stop as defined in section 21064.3 of the Public Resources Code. The Metrolink train st ation, located at 5050 East Los Angeles Avenue, qualifies as a high-quality transit stop. Additionally, State law gives cities the authority to establish objective design standar ds to regulate the type and location of the required parking spaces.

The Interim Ordinance requires an SB-9 uni t to have one off-street parking space inside a garage. The garage space can be shared within an existing two-car garage or a new one-car garage may be constructed. As the Interim Ordinance rules for parking have been applied to SB-9 projects , concerns have been raised about the ability to regulate shared garage parking. As expressed by the Planning Commission in December 2021, there may be other parking scenarios available for the permanent ordinance which could include:

a) The existing residence and SB-9 unit c ould share the existing two-car garage:

Advantages: A shared garage would use the same curb cut.

Disadvantages: There could be challenges to enforce shared use of the garage.

b) Require each SB-9 residence to have its own one-car garage.

Advantages: Single-car garages would eliminate the enforcement challenges of a shared garage.

Disadvantages: New curb cuts for each garage could reduce available on-street parking; additional on-site pavement may result in reduced landscaping and increased onsite parking thereby reducing neighborhood aesthetics.

c) Allow parking for the new SB-9 unit on an existing or new driveway.

Advantages: Parking on the existing driveway would eliminate additional curb cuts and enforcement concerns.

Disadvantages: Could provide for conflicts with zoning requirements in providing a 9’x20’ paved space in front of garage space (SVMC 9-34.090(B)).

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d) Require garage parking only when bot h SB-9 units are new construction.

Advantages: Curb cuts, driveways, and garage layouts can be designed to minimize impacts to street parking.

Disadvantages: Additional garages may require additional driveways and reduced landscaping unless design standards are adopted to restrict garage access to one main driveway per street frontage.

e) Do not require additional parking for the new SB-9 unit when there is an existing dwelling with a garage.

Advantages: Preserves landscaping, prevents over paving, minimizes curb cuts and preserves on-street parking. Parking could be provided at the discretion of the property owner on an as-needed basis.

Disadvantages: May result in additional cars parked on the street if property owner does not voluntarily construct onsite parking.

It should be noted that current codes do not prohibit a property owner from constructing additional covered or uncover ed parking spaces in locations and sizes allowed by the Development Code.

Each of these options have pros and co ns associated with them and should be considered for the “permanent” Ordinance. Recommendations may include one or a combination of scenarios. For example, a recommendation may include to add a 10- foot wide pavement adjacent to an existing driveway to a garage (Scenario C) and if it could not be provided the director could waive the additional parking space, similar to the Accessory Dwelling Unit (ADU) ordinance. This could have less of an on-street parking impact, however, it may result in curb cut expansion and loss of a parking space on the street.

2) Open Space Requirement

The Interim SB-9 Ordinance does not r equire useable outdoor open space (i.e., private yard space) to be a component of the site design. An SB-9 development is allowed to have a total of four units on a single property that can include the existing single-family residence, one SB-9 unit, and two Accessory Dwelling Units (ADUs). On lots over 5,000 square feet current code allo ws the SB-9 unit and two ADUs to each be over 800 square feet in size. The Interim Ordinance requires a 10-foot separation between structures while ADU rules only require a 6-foot separation. The Development Code allows only 50% coverage in the required setbacks for both SB-9 units and ADUs. In some instances, site plans that comply with the requirements leave only small useable out door spaces for barbeques, patio tables and chairs, or other private outdoor uses. Figure 1 below shows a conceptual site plan for a maximized SB-9 and ADU development:
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Figure 1

Possible options to consider include:

a) Require a minimum percentage of the ya rd in a regular geometry to be made available for resident's use or require a greater separation between buildings. b) Provide a 10-foot by 10-foot level pat io which could be placed in the 10-foot building separation between the two SB-9 units or elsewhere in the rear yard. c) Accessory structures could be reduced in size when located on lots with SB-9 development.

The advantage for all scenarios is that usable private open space could be provided.

However, lot sizes may impose limitations on actual open space provided or size of SB-9 units.

3) SB-9 Unit Size restriction – allow larger units on larger lots

State Law requires cities to allow one SB-9 unit that is a minimum size of 800 square feet on properties in zones where single-fa mily residential devel opment is allowed.

There is no maximum size limit for an SB-9 unit, but cities can use objective design standards to allow units larger than 800 square feet. When preparing the Interim SB- 9 Ordinance the City’s ADU ordinance was referenced, thus allowing a maximum size of 1,200 square feet on residential lots lar ger than 8,000 square feet, whether it was an existing lot or a newly SB-9 split lot. Since the adoption of the Interim Ordinance, the City has received inquiries regarding opportunities to allow residential units larger than 1,200 square feet on lots larger than 10,000 square feet, as long as all other requirements are met. Lots over 10,000 square feet coul d potentially accommodate units larger than 1,200 square feet while meeting code standar ds and still provide adequate open space area on the property.

SB-9
ADU
ADU
100 feet
10'
Single Family
Residence
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Table 1 below shows proposed unit sizes th at can be considered for the permanent ordinance:

Table 1 – Interim and Proposed SB-9 Units Sizes

Lot Size Interim Rules Proposed Rules
Up to 5,000 square feet 800 square feet 800 square feet 5,001 to 8,000 square feet 1,000 s quare feet 1,000 square feet 8,001 to 10,000 square feet 1,200 s quare feet 1,200 square feet 10,001 to 20,000 square
feet and above
1,200 square feet 2,500 square feet

At this time, Staff is requesting for the Pl anning Commission to receive this report and provide direction on the discussion items pr esented. Comments will be incorporated in the proposed permanent ordinance and will be presented to the Planning Commission at a later date.

Prepared by: Elizabeth Richardson, Associate Planner

INDEX
Exhibit 1 – Senate Bill 9 (SB-9)
Exhibit 2 – Interim Ordinance 1335
Exhibit 3 – January 24, 2022 City Council Staff Report (Redacted)

74 9/7/2021 Bill Text - SB-9 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB9 1/9 SENATE BILL NO. 9
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Date Published: 09/01/2021 09:00 PM
SB-9 Housing development: approvals. (2021-2022)
ENROLLED SEPTEMBER 01, 2021
PASSED IN SENATE AUGUST 30, 2021
PASSED IN ASSEMBLY AUGUST 26, 2021
AMENDED IN ASSEMBLY AUGUST 16, 2021
AMENDED IN SENATE APRIL 27, 2021
AMENDED IN SENATE APRIL 05, 2021
CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION
Introduced by Senators Atkins, Caballero, Rubio, and Wiener (Coauthors: Senators Cortese, Gonzalez, and McGuire)
(Coauthors: Assembly Members Robert Rivas and Wicks)
December 07, 2020
An act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411.7 to, the Government Code, relating to land use.

LEGISLATIVE COUNSEL'S DIGEST
SB 9, Atkins. Housing development: approvals.

The Planning and Zoning Law provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions.

This bill, among other things, would require a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including, but not limited to, that the proposed housing development would not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls, except as provided, and that the development is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.

Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites EXHIBIT 1
75 9/7/2021 Bill Text - SB-9 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB9 2/9 The bill would set forth what a local agency can and cannot require in approving the construction of 2 residential units, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of up to 2 units or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances.

The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency’s processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification of those maps. Under the Subdivision Map Act, an approved or conditionally approved tentative map expires 24 months after its approval or conditional approval or after any additional period of time as prescribed by local ordinance, not to exceed an additional 12 months, except as provided.

This bill, among other things, would require a local agency to ministerially approve a parcel map for an urban lot split that meets certain requirements, including, but not limited to, that the urban lot split would not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the parcel is located within a single-family residential zone, and that the parcel is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.

The bill would set forth what a local agency can and cannot require in approving an urban lot split, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of 2 units, as defined, on either of the resulting parcels or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances. The bill would require an applicant to sign an affidavit stating that they intend to occupy one of the housing units as their principal residence for a minimum of 3 years from the date of the approval of the urban lot split, unless the applicant is a community land trust or a qualified nonprofit corporation, as specified. The bill would prohibit a local agency from imposing any additional owner occupancy standards on applicants. By requiring applicants to sign affidavits, thereby expanding the crime of perjury, the bill would impose a state-mandated local program.

The bill would also extend the limit on the additional period that may be provided by ordinance, as described above, from 12 months to 24 months and would make other conforming or nonsubstantive changes.

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects.

This bill, by establishing the ministerial review processes described above, would thereby exempt the approval of projects subject to those processes from CEQA.

The California Coastal Act of 1976 provides for the planning and regulation of development, under a coastal development permit process, within the coastal zone, as defined, that shall be based on various coastal resources planning and management policies set forth in the act.

This bill would exempt a local agency from being required to hold public hearings for coastal development permit applications for housing developments and urban lot splits pursuant to the above provisions.

By increasing the duties of local agencies with respect to land use regulations, the bill would impose a state- mandated local program.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for specified reasons.

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes 76 9/7/2021 Bill Text - SB-9 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB9 3/9 THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 65852.21 is added to the Government Code, to read:
65852.21. (a) A proposed housing development containing no more than two residential units within a single- family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the following requirements:
(1) The parcel subject to the proposed housing development is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. (2) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
(3) Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(C) Housing that has been occupied by a tenant in the last three years. (4) The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(5) The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions:
(A) If a local ordinance so allows.
(B) The site has not been occupied by a tenant in the last three years. (6) The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. (b) (1) Notwithstanding any local law and except as provided in paragraph (2), a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section.
(2) (A) The local agency shall not impose objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area. (B) (i) Notwithstanding subparagraph (A), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (ii) Notwithstanding subparagraph (A), in all other circumstances not described in clause (i), a local agency may require a setback of up to four feet from the side and rear lot lines. (c) In addition to any conditions established in accordance with subdivision (b), a local agency may require any of the following conditions when considering an application for two residential units as provided for in this section:
(1) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
77 9/7/2021 Bill Text - SB-9 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB9 4/9 (A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel. (2) For residential units connected to an onsite wastewater treatment system, a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years. (d) Notwithstanding subdivision (a), a local agency may deny a proposed housing development project if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (e) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(f) Notwithstanding Section 65852.2 or 65852.22, a local agency shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7. (g) Notwithstanding subparagraph (B) of paragraph (2) of subdivision (b), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (h) Local agencies shall include units constructed pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400. (i) For purposes of this section, all of the following apply:
(1) A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit. (2) The terms “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (3) “Local agency” means a city, county, or city and county, whether general law or chartered. (j) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(k) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for a housing development pursuant to this section.

SEC. 2.

Section 66411.7 is added to the Government Code, to read:
66411.7. (a) Notwithstanding any other provision of this division and any local law, a local agency shall ministerially approve, as set forth in this section, a parcel map for an urban lot split only if the local agency determines that the parcel map for the urban lot split meets all the following requirements:
(1) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
(2) (A) Except as provided in subparagraph (B), both newly created parcels are no smaller than 1,200 square feet.
78 9/7/2021 Bill Text - SB-9 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB9 5/9 (B) A local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval under this subdivision.
(3) The parcel being subdivided meets all the following requirements:
(A) The parcel is located within a single-family residential zone. (B) The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(C) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
(D) The proposed urban lot split would not require demolition or alteration of any of the following types of housing:
(i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (ii) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(iii) A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. (iv) Housing that has been occupied by a tenant in the last three years. (E) The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. (F) The parcel has not been established through prior exercise of an urban lot split as provided for in this section. (G) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section. (b) An application for a parcel map for an urban lot split shall be approved in accordance with the following requirements:
(1) A local agency shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review.
(2) A local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section.
(3) Notwithstanding Section 66411.1, a local agency shall not impose regulations that require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section. (c) (1) Except as provided in paragraph (2), notwithstanding any local law, a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards applicable to a parcel created by an urban lot split that do not conflict with this section. (2) A local agency shall not impose objective zoning standards, objective subdivision standards, and objective design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet. (3) (A) Notwithstanding paragraph (2), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (B) Notwithstanding paragraph (2), in all other circumstances not described in subparagraph (A), a local agency may require a setback of up to four feet from the side and rear lot lines. 79 9/7/2021 Bill Text - SB-9 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB9 6/9 (d) Notwithstanding subdivision (a), a local agency may deny an urban lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (e) In addition to any conditions established in accordance with this section, a local agency may require any of the following conditions when considering an application for a parcel map for an urban lot split:
(1) Easements required for the provision of public services and facilities. (2) A requirement that the parcels have access to, provide access to, or adjoin the public right-of-way. (3) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel. (f) A local agency shall require that the uses allowed on a lot created by this section be limited to residential uses.
(g) (1) A local agency shall require an applicant for an urban lot split to sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split.
(2) This subdivision shall not apply to an applicant that is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code. (3) A local agency shall not impose additional owner occupancy standards, other than provided for in this subdivision, on an urban lot split pursuant to this section. (h) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(i) A local agency shall not require, as a condition for ministerial approval of a parcel map application for the creation of an urban lot split, the correction of nonconforming zoning conditions. (j) (1) Notwithstanding any provision of Section 65852.2, 65852.21, 65852.22, 65915, or this section, a local agency shall not be required to permit more than two units on a parcel created through the exercise of the authority contained within this section.
(2) For the purposes of this section, “unit” means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Section 65852.2, or a junior accessory dwelling unit as defined in Section 65852.22. (k) Notwithstanding paragraph (3) of subdivision (c), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.
(l) Local agencies shall include the number of applications for parcel maps for urban lot splits pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(m) For purposes of this section, both of the following shall apply:
(1) “Objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative 80 9/7/2021 Bill Text - SB-9 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB9 7/9 objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (2) “Local agency” means a city, county, or city and county, whether general law or chartered. (n) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(o) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for urban lot splits pursuant to this section.

SEC. 3. Section 66452.6 of the Government Code is amended to read:
66452.6. (a) (1) An approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval, or after any additional period of time as may be prescribed by local ordinance, not to exceed an additional 24 months. However, if the subdivider is required to expend two hundred thirty-six thousand seven hundred ninety dollars ($236,790) or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way that abut the boundary of the property to be subdivided and that are reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1 shall extend the expiration of the approved or conditionally approved tentative map by 48 months from the date of its expiration, as provided in this section, or the date of the previously filed final map, whichever is later. The extensions shall not extend the tentative map more than 10 years from its approval or conditional approval.

However, a tentative map on property subject to a development agreement authorized by Article 2.5 (commencing with Section 65864) of Chapter 4 of Division 1 may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be filed shall be determined by the advisory agency at the time of the approval or conditional approval of the tentative map.
(2) Commencing January 1, 2012, and each calendar year thereafter, the amount of two hundred thirty-six thousand seven hundred ninety dollars ($236,790) shall be annually increased by operation of law according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the State Allocation Board at its January meeting. The effective date of each annual adjustment shall be March 1.

The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after the effective date of the adjustment.
(3) “Public improvements,” as used in this subdivision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.
(b) (1) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence. However, the length of the moratorium shall not exceed five years. (2) The length of time specified in paragraph (1) shall be extended for up to three years, but in no event beyond January 1, 1992, during the pendency of any lawsuit in which the subdivider asserts, and the local agency that approved or conditionally approved the tentative map denies, the existence or application of a development moratorium to the tentative map.
(3) Once a development moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium. (c) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the local agency pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the local agency, the subdivider may apply to the local agency for a stay pursuant to the local agency’s adopted procedures. Within 40 days after receiving the application, the local agency shall either stay 81 9/7/2021 Bill Text - SB-9 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB9 8/9 the time period for up to five years or deny the requested stay. The local agency may, by ordinance, establish procedures for reviewing the requests, including, but not limited to, notice and hearing requirements, appeal procedures, and other administrative requirements.
(d) The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the legislative body without first processing a new tentative map. Once a timely filing is made, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map. Delivery to the county surveyor or city engineer shall be deemed a timely filing for purposes of this section. (e) Upon application of the subdivider filed before the expiration of the approved or conditionally approved tentative map, the time at which the map expires pursuant to subdivision (a) may be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps for a period or periods not exceeding a total of six years. The period of extension specified in this subdivision shall be in addition to the period of time provided by subdivision (a). Before the expiration of an approved or conditionally approved tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. If the advisory agency denies a subdivider’s application for an extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension. (f) For purposes of this section, a development moratorium includes a water or sewer moratorium, or a water and sewer moratorium, as well as other actions of public agencies that regulate land use, development, or the provision of services to the land, including the public agency with the authority to approve or conditionally approve the tentative map, which thereafter prevents, prohibits, or delays the approval of a final or parcel map.

A development moratorium shall also be deemed to exist for purposes of this section for any period of time during which a condition imposed by the city or county could not be satisfied because of either of the following:
(1) The condition was one that, by its nature, necessitated action by the city or county, and the city or county either did not take the necessary action or by its own action or inaction was prevented or delayed in taking the necessary action before expiration of the tentative map. (2) The condition necessitates acquisition of real property or any interest in real property from a public agency, other than the city or county that approved or conditionally approved the tentative map, and that other public agency fails or refuses to convey the property interest necessary to satisfy the condition. However, nothing in this subdivision shall be construed to require any public agency to convey any interest in real property owned by it. A development moratorium specified in this paragraph shall be deemed to have been imposed either on the date of approval or conditional approval of the tentative map, if evidence was included in the public record that the public agency that owns or controls the real property or any interest therein may refuse to convey that property or interest, or on the date that the public agency that owns or controls the real property or any interest therein receives an offer by the subdivider to purchase that property or interest for fair market value, whichever is later. A development moratorium specified in this paragraph shall extend the tentative map up to the maximum period as set forth in subdivision (b), but not later than January 1, 1992, so long as the public agency that owns or controls the real property or any interest therein fails or refuses to convey the necessary property interest, regardless of the reason for the failure or refusal, except that the development moratorium shall be deemed to terminate 60 days after the public agency has officially made, and communicated to the subdivider, a written offer or commitment binding on the agency to convey the necessary property interest for a fair market value, paid in a reasonable time and manner.

SEC. 4.

The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution.

Therefore, Sections 1 and 2 of this act adding Sections 65852.21 and 66411.7 to the Government Code and Section 3 of this act amending Section 66452.6 of the Government Code apply to all cities, including charter cities.

SEC. 5.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 82 9/7/2021 Bill Text - SB-9 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB9 9/9 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
83 AGENDA ITEM NO.

5 MINUTES OF THE MEETING OF THE

PLANNING COMMISSION

MOBILE HOME RENT MEDIATION BOARD

TREE ADVISORY BOARD

City Council Chamber April 26, 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 6:30 p.m.

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL

Present: Commissioners Mayer, Mann, and Kennedy; Vice Chairperson Rice; Chairperson Tolson

Absent: None

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

5. APPROVAL OF MINUTES – March 29, 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
It was the consensus of the Commission to approve the Consent Calendar as submitted.

84 Planning Commission Meeting
Mobile Home Rent Mediation Board
Tree Advisory Board Minutes – Page 2 April 26, 2023

A. Review of potential fiscal year (F Y) 2023-24 Capital Improvement Program for conformance with the Simi Valley General Plan; and a determination that the review is exempt from the California Environmental Quality Act B. Information on the curr ent code requirements for electrical vehicles (EV) charging

10. CONTINUED BUSINESS - None

11. NEW BUSINESS
A. PUBLIC HEARINGS

1. CUP-S-2022-0019; Phillip Greene Jr .: To consider a request for a Conditional Use Permit to allo w the operation of a baseball and softball training facility within an existing 13,939 square-foot commercial tenant space; and a determination that the project is exempt from the California Environmental Quality Act
Location: 591-B Country Club Drive
Staff Contact: Caesar Hernandez
(805) 583-6869

There were no ex parte communications to report.

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

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

Chairperson Tolson opened the public testimony portion of the hearing.

The Applicants, Phillip Greene and Courtney Davidson, gave a brief presentation about the project.

There were no other public speakers.

Chairperson Tolson closed the public testimony portion of the hearing.

Commission comments:

Commissioner Kennedy stated his exciteme nt for the new business to happen in Simi Valley and appreciates all the positive letters sent in on their behalf.

Commissioner Mayer stated this will be a great business for Simi Valley and will benefit both kids and adults.

Vice Chairperson Rice stated all the correspondence in favor of the project as well 85 Planning Commission Meeting
Mobile Home Rent Mediation Board
Tree Advisory Board Minutes – Page 3 April 26, 2023

as the positive outcome from the Neighborhood Council is very well received.

Chairperson Tolson stated this is a great benefit to Simi Valley, states the applicant picked a good location that has been va cant and will therefore benefit all the residents.

COMMISSIONER MAYER MOVED THAT THE

PLANNING COMMISSION OF THE CITY OF SIMI

VALLEY ADOPT A RESOLUTION APPROVING
CONDITIONAL USE PERMIT NO. CUP-S-2022-0019

TO ALLOW THE OPERATION OF A BASEBALL AND

SOFTBALL TRAINING FACILITY WITHIN AN
EXISTING 13,939 SQUARE-FOOT COMMERCIAL
TENANT SPACE; AND A DETERMINATION THAT

THE PROJECT IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Commissioner Kennedy seconded the motion.

AYES: Commissioners Mayer, Mann, and
Kennedy; Vice Chairperson Rice; and
Chairperson Tolson

NAYS: None

ABSTAIN: None

ABSENT: None

The appeal period for CUP-S-2022-0019 is 14
calendar days.

86 Planning Commission Meeting
Mobile Home Rent Mediation Board
Tree Advisory Board Minutes – Page 4 April 26, 2023

B. OTHER

1. Discussion and request for direct ion on standards for two-unit residential developments (SB-9) to be incorporated into a permanent ordinance.

The Planning Commission made the following recommendations to be considered in the draft SB 9 ordinance:
 Each SB-9 unit is to have a single car garage space. Either in the option B or option D conf iguration as shown on the powerpoint presentation.
 Each property is to comply with the Zoning Code open space requirements and staff is to return with additional requirement for flat open space for each SB-9 unit.
 Allow larger SB-9 units on larger properties. Staff to return with additional options for Planning Commission consideration.  Allow the existing single family residence to be expanded after the addition of a SB-9 unit. Staff to return with options for the Planning Commission to consider.

12. ORAL COMMUNICATIONS AND REPORTS
A. STAFF – None
B. PLANNING COMMISSION

1. Vice Chairperson Rice congratul ated Chairperson Tolson on being recognized as Volunteer of the Year.

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 7:52 p.m. The next scheduled Planning Commission meeting is on May 3, 2023.

Minutes prepared by:

Megan Grai
87

Simi Valley City CouncilSeptember 25, 2023

Simi Valley City Council
September 25, 2023