SecondreadingOrd1353(klk)
CITY OF SIMI VALLEY
MEMORANDUM
Dec
ember 18, 2023
TO: Cit
y Council
FR
OM: Department of Environmental Services
SUBJ
ECT: SECOND READING OF ORDINANCE NO. 1353 FOR CITY -INITIATED MUNICIPAL CODE AMENDMENTS (Z -S-2023-0006) TO AMEND
PORTIONS OF TITLE 9 OF THE SIMI VALLEY MUNICIPAL CODE TO
MODIFY STANDARDS FOR RESIDENTIAL OFF -STREET PARKING,
FRONT YARD LANDSCAPING, REAR YARD VEHICLE ACCESS GATES
AND SCREENING; AND A DETERMINATION THAT THE AMENDMENTS
ARE EXEMPT FROM THE CALIFORNI A ENVIRONMENTAL QUALITY
ACT, AS AMENDED
STAFF RECOMMENDATION
It
is recommended that Ordinance No. 1353 be adopted.
BACKGROUND
Th
e attached Ordinance No. 1353 was introduced for first reading at the City Council meeting of December 4, 2023, with the following modifications:
Omit Part 1, Section 9-33.030.C.2, which allowed required front yard landscaping to be reduced to 30 percent to accommodate a paved parking area on the opposite side of the existing driveway.
Amend Part 2, Section 9-34.040.A.7.a, to require a minimum of 50 percent front yard landscaping to be maintained to allow a paved parking area on the opposite side of the existing driveway.
SUGGESTED CITY COUNCIL MOTION
I m
ove to adopt Ordinance No. 1353.
______
____________________________
Stratis Perros
Environmental Services Director
Pr
epared by: Alexandra Clingman, Associate Planner
INDE
X Page
Or
dinance No. 1353 ............................................................................. 2
AGENDA I
TEM NO.
8A
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O
RDINANCE NO. 1353
A
N ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SIMI VALLEY FOR CITY -INITIATED MUNICIPAL CODE
AMENDMENTS (Z-S-2023-0006) TO AMEND PORTIONS
OF TITLE 9 OF THE SIMI VALLEY MUNICIPAL CODE TO
MODIFY STANDARDS FOR RESIDENTIAL OFF -STREET
PARKING, FRONT YARD LANDSCAPING, REAR YARD
VEHICLE ACCESS GATES AND SCREENING ; AND A
DETERMINATION THAT THE AMENDMENTS ARE
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT, AS AMENDED
W
HEREAS, Article XI, § 7 of the California Constitution empowers the City to enact and enforce ordinances regulating conditions that may be public nuisances or health hazards, or that promote social, economic, or aesthetic considerations.
W
HEREAS, in an effort to address community concerns regarding residential off-street parking, the City Council considered amendments to Title 9 of the Simi Valley Municipal Code (“SVMC”) multiple times since the City’s incorporation in 1969.
W
HEREAS, on August 28, 2023, staff was directed by the City Council to amend portions of Title 9 of the Simi Valley Municipal Code to allow residential off-street parking standards, front yard landscaping, and related provisions (the “Project”).
W
HEREAS, the City reviewed the Project’s environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 2100, et seq., “CEQA”) and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the “CEQA Guidelines”).
W
HEREAS, the City completed its review and scheduled a public hearing regarding the proposed Project before the City Council for November 6, 2023. Notice of the public hearing on the proposed Project was posted and mailed as required by the SVMC.
W
HEREAS, on November 6, 2023, the City Council conducted a public hearing to consider the Project. The hearing was continued to December 4, 2023.
W
HEREAS, on December 4, 2023, the City Council conducted a continued public hearing to consider the Project including, without limitation, this o rdinance, as amended.
W
HEREAS, this ordinance, and its findings, are based upon the entire administrative record considered during the December 4, 2023, public hearing including, without limitation, the staff report and accompanying documents. 2 SecondreadingOrd1353(klk)
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES ORDAIN AS FOLLOWS:
SECTION 1 . The findings noted in the City Council staff report dated December 4, 2023, and the recitals set forth above are hereby adopted as findings.
SECTION 2: Environmental Assessment . The City Council finds that this ordinance is not subject to additional environmental review under CEQA pursuant to CEQA Guidelines § 15301 and 15061(b)(3) because the amendments will allow minor alterations of existing private structures and will not involve the substantial expansion of the existing residential uses; and because it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment. Adopting this ordinance will not have the effect of deleting or substantially changing any regulatory standards or required findings. This o rdinance would not result in any development or changes to the physical environment. Following an evaluation of possible adverse impacts, it can be seen with certainty that there is no possibility that the o rdinance will have a significant effect on the environment.
SECTION 3:
Title 9 to the SVMC is amended as set forth in attached Exhibit “A,” which is incorporated by this reference.
SECTION 4: Validity of Previous Code Sections. If the entire ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal of the SVMC or other regulation by this ordinance will be rendered void and cause such SVMC provision or other regulation to remain in full force and effect for all purposes.
SECTION 5: Reliance on Record. Each and every one of the findings and determinations in this ordinance are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.
SECTION 6: Limitations. The City Council’s analysis and evaluation of the project is based on the best information currently available. It is inevitabl e that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are limitations on the City’s ability to solve what are in effect regional, state, and National problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.
SECTION 7: Preservation. Repeal or amendment of any previous SVMC Sections does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this ordinance.
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SECTION 8: Severability. If any part of this ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provision or application and, to this end, the provisions of this ordinance are severable.
SECTION 9: Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record.
The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.
SECTION 10: Publication. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Simi Valley’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 10 days after the passage and adoption of this o rdinance, cause it to be published or posted in accordance with California law.
SECTION 11: Incompatible Provisions . To the extent of any provision of this ordinance is incompatible with or at variance with any prior adopted ordinance or resolution, the provision of this ordinance shall take precedence.
SECTION 12. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.
PASSED and ADOPTED this 18th day of December 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:
Algeria R. Ford Brian Paul Gabler
City Attorney City Manager
Stratis Perros
Environmental Services Director
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EXHIBIT A
Amendments to the following sections of Title 9 of the Simi Valley Municipal Code are shown below. Revised code sections are shown as underlined text. Deletions are shown as strikethrough text.
Part 1
Chapter 9-33 – Landscaping Standards of the Simi Valley Development Code is amended as follows:
9-33.030 – Landscaping Requirements
C. Front yard landscaping requirements. For single -family residential areas, a minimum of 50 percent of the square footage of the front yard area between the principal dwelling unit and the front public or private street curb, and between the side property lines must be landscaped with natural plants such as lawns, groundcover, succulents, shrubs, and trees. Mulch may be used as an integral part of all natural plantings. No more than one-half of the landscaped area may consist of decorative features such as boulders, river and lava rock, fountains, ponds, rock riverbeds, and pedestrian bridges, or other features as approved by the Deputy Director/City Planner that are consistent with this section. With a Zoning Clearance, up to 100 percent of the landscaped area may be covered by artificial turf that meets the definition and standards in Article 8 (Glossary) Artificial turf that does not meet the standards contained in Article 8 (Glossary) is prohibited.
1. Additional Paving Allowances.
The public sidewalk and driveway aprons are
excluded from the percentage calculation. The driveway leading directly to required parking spaces (e.g., the garage or carport), the 10-foot wide parking strip adjacent to the driveway per Section 9-34.090(B)(1), and a maximum four- foot wide pedestrian walkway directly to the front door may exceed 50 percent of the front yard area. Any paving in place prior to September 15, 2005, is exempt from these standards.
Part 2
SVMC Chapter 9-34 - Parking and Loading Standards is amended as follows:
9-34.040- Residential Use Parking Standards
A. Location of single-family parking.
1. Off-street parking spaces for single- family detached dwellings shall must be located on the same parcel on which the dwelling is located. 5 ORD. NO. 1353
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2. Additional uncovered parking for single- family detached dwellings beyond that which is required by this Chapter, shall may only be placed in a required side setback, in the required front setback alongside the driveway on the side closest to a side property line, on a driveway to a garage or carport located in the rear yard, or on a circular driveway in the front yard, or in the rear yard when in compliance with subsection 6. the following locations and paved in compliance with Section 9-34.090(F):
a. In the side yard between the house and side yard property line, b. In the front yard between the main driveway and the closest side property line as described in Section 9-34.090(B)(1),
c. On an approved circular driveway in the front yard,
d. On an approved driveway leading to a garage or carport located in the rear yard,
e. In the rear yard when in compliance with subsection 6 of this section, or f. On the far side of the front yard, opposite the main driveway, when in compliance with subsection 7 of this section.
3. Parking spaces required by this Chapter shall not be located in the front, side, or rear setback area of any residential zoning district, except within a detached garage or carport structure which may be located in a side or rear setback area, in the rear yard when in compliance with subsection 6, or as authorized by this Chapter. Residential off-street parking spaces may only be placed in locations authorized by this Chapter.
4. The additional parking areas shall also be paved in compliance with Section 9-
34.090(F) (Parking and access surface requirements), and accessed in compliance with Sections 9-34.090(A), and (B).
5. Circular driveways located in front yards must not be used for the parking of any oversized vehicle, trailer, or fifth wheel trailer, as defined in Section 4-9.402.
6. On properties of less than one acre, up to 400 square feet of area, and on properties of one acre or more, up to 800 square feet of area may be designated for additional uncovered parking, when in compliance with the following standards:
a. Parking in rear yard areas leading to the designated parking area is not
allowed prohibited.
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b. Access to the rear yard parking area must originate from a driveway approach or access way approved by the Department of Public Works Director, or designee.
c. Combined with all other structures, the parking area must not cover more than 40 percent of required rear yard.
d.
The rear yard must have property line or rear yard fencing six feet in height to screen the parking area. Parking areas that are less than 50 feet from the property line must be screened with six foot-high fencing. Fencing materials shall be in compliance must comply with Section 9-30.030(A)(6).
Rear and side parking screening is not required within 20 feet of the street side of a reverse corner lot.
e. Parking area must be set back a minimum of three feet from the side and rear property lines.
f.
If access to rear yard is from the front yard, parking area can only be accessed from side of house where the approved 10- foot wide parking strip is permitted per SVMC Section 9-34.040(A)(2).
g.f. A Zoning Clearance and Encroachment Permit (if a new dri veway approach is required) must be obtained.
7. A maximum ten (10) foot wide paved parking area, on the opposite side of the existing driveway, closest to the side property line, may be designated for additional uncovered parking when in compliance with the following standards:
a. A minimum of 50 percent front yard landscaping must be maintained, inclusive of paving allowances as described in Section 9-33.030(C)(1); b. The parking area must originate from a driveway approach or access way approved by the Public Works Director, or designee, and be paved in compliance with Section 9-34.090(F).
c. The parking area must remain outside of the Traffic Sight Safety Area (TSSA) (SVMC Section 9-34.040(F); and
d. A Zoning Clearance and Encroachment Permit (if a new driveway approach is required) must be obtained. An indemnification agreement in a form approved by the City Attorney, and recorded on the property may be provided in lieu of the Encroachment Permit.
e. A maximum of one (1) recreational vehicle is allowed to be parked within the front yard on an approved parking location, pursuant to SVMC Section 9-34.040.A.3. For the purpose of this section, “Recreational Vehicle” means any vehicle as defined by Section 18010 of the California Health and Safety Code and SVMC Section 9-80.020.
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B. Covered parking required.
1. Two parking spaces for each single-family dwelling unit shall be located within an enclosed garage.
2. All other parking spaces may be uncovered.
3. No on-site parking or access shall be allowed that would necessitate the use of an ADA sidewalk ramp for vehicular access.
C. Single-family dwelling driveways. All private driveways to garages shall be concrete, not asphalt.
D. Parking of commercial vehicles in residential zoning districts. Except as authorized by this Chapter, no vehicle which is registered for commercial purposes in compliance with applicable provisions of the California Vehicle Code, or SVMC Section 4- 9.401, which exceeds five tons according to the manufacturer's gross vehicle weight rating, shall be parked or left standing on any residentially zoned property, in excess of 30 consecutive minutes unless actual loading or unloading of the vehicle is in progress on the property.
E. Location and assigned spaces for multi-family dwelling units.
1. Off-street parking spaces shall be located on the same development site and on the same parcel, but in no event more than 200 feet from the dwelling for which the parking space is provided.
2. At least one assigned parking space shall be provided for each multi -family dwelling unit.
3. The assigned space shall not be located more than 200 feet in walking distance from the entry to the unit it is designed to serve.
F. Traffic Sight Safety Area (TSSA). Off -street parking areas and vehicles on the far side of the front yard, opposite the main driveway (SVMC Section 9- 34.040(A)(7)), must remain outside of the traffic sight safety area, as defined in Section 9- 80.
Parking on the main driveway leading to the required garage is exempt.
Part 3
SVMC Chapter 9-30 - General Property Development and Use Standards is amended as follows:
9-30.050- Height and Location Requirements for Fences, Walls, Hedges, and Other Structures
E. Gated entrance setback. Notwithstanding any other provision of this Development Code, all gates for vehicles on driveways or roadways sha ll must be set back a minimum of 20 feet from the property line, except for side or rear access gates in 8 ORD. NO. 1353
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Residential Zones that do not abut arterial or collector streets. Vehicle gates must comply with the following standards:
1. Vehicle gates must not abut any Landscape Maintenance District, landscaping easement, no-access easement, or encroach on any Homeowner’s Association (HOA)-maintained landscaping easement;
2. Vehicle gates must lead to an approved parking space;
3. A Zoning Clearance and Encroachment Permit (if a new driveway approach is required) must be obtained; and
4. Vehicle gates must be designed and installed to not open into the public right of way.
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