Simi Valley City Council
March 18, 2024

ZS20230005AccessoryStructuresCCmtg3-18-24(klk)

CITY OF SIMI VALLEY

MEMORANDUM
M
arch 18, 2024
TO
: City Council
F
ROM: Department of Environmental Services
S
UBJECT: CONSIDERATION OF A CITY-INITIATED MUNICIPAL CODE TEXT AMENDMENT (Z-S-2023-0005), TO AMEND PORTIONS OF TITLE 9 OF

THE SIMI VALLEY MUNICIPAL CODE TO ESTABLISH DEVELOPMENT

STANDARDS AND MODIFY DESIGN GUIDELINES FOR RESIDENTIAL
ACCESSORY STRUCTURES; A DETERMINATION THAT THE

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

ORDINANCE

RECOMMENDATION
T
he Planning Commission recommends that the City Council introduce an Ordinance No. 1355 (page 9) amending portions of Title 9 of the Simi Valley Municipal Code (SVMC) to establish development standards and authorize the Environmental Services Director to establish design guidelines for residential accessory structures; and a determination that the proposed amendments are exempt from the California Environmental Quality Act.

BACKGROUND AND OVERVIEW
T
he community has expressed concerns over the City’s policies restricting the size and material of residential accessory structures such as garages, carports, animal enclosures (barns), and tool sheds on residential lots. On August 22, 2022, the City Council directed Staff to review changes to these standards with the Planning Commission. These policies largely do not affect accessory dwelling units and junior accessory dwelling units.

Staff presen ted potential modifications to residential accessory structure standards, including size restrictions and design guidelines to the Planning Commission on March 29, 2023, and prepared Code and design guideline updates based on their feedback.

During the public hearing held on December 6, 2023, the Planning Commission reviewed proposed changes and recommended that the City Council approve the changes with the following suggestions:

1. For properties up to one acre in size, a maximum of two (2) accessory structures that are greater than 1,200 square feet are allowed. For properties that are one acre or larger in size, a maximum of two (2) accessory structures that are greater than 1,200 square feet are allowed per acre.

AGENDA ITEM NO.

5A
ZS20230005AccessoryStructuresCCmtg3-18-24(klk)

2. When calculating the maximum number of accessory structures allowed per lot, natural slope areas exceeding 20 percent are excluded from the total lot area. The aim of this would be to avoid the clustering of large accesso ry buildings on a site that has limited flat area.

3. Add an Administrative Action option for structures that are more than 30 percent of the square footage of the primary structure up to a maximum of 2,000 square feet on properties of one acre or more.

Staff has incorporated these suggestions and prepared revised modifications to Title 9 of the Simi Valley Municipal Code (SVMC) to establish development standards and authorize the Environmental Services Director to establish design guidelines for residential accessory structures.

Current Standards for Residential Accessory Structures

Residential accessory structures are defined in the Simi Valley Municipal Code (SVMC) as “Any...structure that is customarily a part of, and clearly incidental and secondary to, a residence, does not change the character of the residential use and is non- habitable space.” (See SVMC 9-80.020.) These include garages, carports, and storage sheds. The Planning Division permits residential accessory structures with a ministerial Z oning Clearance if the proposed structure meets the City’s required setbacks, lot coverage, height, and design standards. Residential accessory structures over 120 square feet in size also require Building Permits from the Building & Safety Division.

The proposed text amendments and design guideline updates are not applicable to Accessory Dwelling Units (ADUs). The proposed changes are strictly for non- habitable structures such as garages, carports, and sheds. ADUs are considered habitable structures and must comply with separate development standards of SVMC Section 9-

44.160.

Several years ago, the City enacted design guidelines and size limitations for residential accessory structures. These have been administratively updated from time to time. Staff currently implements these policies to ensure that new residential accessory structures remain subordinate to the primary dwelling, are designed to a certain aesthetic, are used for their intended purpose, and are consistent with the Simi Valley Residential Design Guidelines (Attachment C, page 21).

FINDINGS AND ALTERNATIVES
Based on community requests and the Planning Commission’s feedback and to ensure consistency throughout the Code, Staff proposes the following Municipal Code text amendments:

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1. Development Standards. A section is added to SVMC Section 9- 44 Standards for Specific Land Uses, to clarify that residential accessory structures must comply with all height, setback, and lot coverage requirements of SVMC sections 9-24 and 9-30; codified size requirements and number limitations; and City -adopted Simi Valley Residential Design Guidelines for Accessory Structures.

This section will also clarify that the Environmental Services Director will have the authority to approve modifications or additional design standards to the guidelines as regulatory and aesthetic best practices become available.

2. Calculation of size limits. The amendment adds the provision that for the purpose of this Code section and the size limits mentioned below, the square
footage of a primary structure is defined as the sum of the square footage of the first story of the structure and the attached garage, excluding any attached patios or porches.

3. Size limits. The amendment codifies the following size limitations for resident ial accessory structures:

a. Residential accessory structures can be no larger than 30 percent of the square footage of the primary structure up to a maximum of 1,200 square feet. A proposed structure within this range would require a Zoning Clearance. This size can be increased with a discretionary Staff level Administrative Action application. On properties less than one acre, this increase over the 30 percent limit is limited to 2,000 square feet.

Example of a 10,000 sq. ft. lot with a 2,000 sq. ft. house:
 600 sq. ft. accessory structure (30% of 2,000 sq. ft; would require a Zoning Clearance.)
 2,000 sq. ft. accessory structure (exceeds 30% ; would require an Administrative Action)

b. On properties of one acre or more, the size of a residential accessory structure can be no larger than 30 percent of the square footage of the primary structure up to a maximum of 2,000 square feet . A proposed structure within this range would require a Zoning Clearance. This size can be increased over the 30 percent limit with a discretionary Staff level Administrative Action application up to 2 ,000 square feet. On properties of one acre or more, the size can be increased beyond 2,000 square feet with a discretionary Conditional Use Permit approval.

Example of a 44,000 sq. ft. lot with a 3,000 sq. ft. house:
 900 sq. ft. accessory structure (30% of 3,000 sq. ft.; would require a Zoning Clearance)
 2,000 sq. ft. accessory structure (exceeds 30% ; would require an Administrative Action)
3,000 sq. ft. accessory structure (exceeds 2,000 sq. ft.; would require a Conditional Use Permit)

3 ZS20230005AccessoryStructuresCCmtg3-18-24(klk)

c. On properties within an Animal Overlay Zone (A), (H), (L), accessory residential structures may not exceed 2,000 square feet in size and can be approved with a Zoning Clearance. On lots of one acre or more in size and within an Animal Overlay Zone, this size may be increased beyond 2,000 square feet with a discretionary Conditional Use Permit approval.

Example of a 10,000 sq. ft. lot with a 2,000 sq. ft. house:
 2,000 sq. ft. accessory structure (allowed with a Zoning Clearance)

Example of a 44,000 sq. ft. lot with a 3,000 sq. ft. house:
 2,000 sq. ft. accessory structure (allowed with a Zoning Clearance) 4,000+ sq. ft. accessory structure (exceeds 2,000 sq. ft.; would require a Conditional Use Permit)

4. Number of residential accessory structures. The amendment codifies that on lots less than one acre in size, a maximum of two (2) residential accessory structures are allowed per lot when those structures are more than 1,200 square feet in size, including accessory dwelling units. On lots one acre or more, residential accessory structures over 1,200 square feet in size are limited to a maximum of two (2) structures per acre including accessory dwelling units. Natural slope areas exceeding 20 percent are excluded from the calculation of the total lot area. Refer to Table 1 for examples. Currently, there is no limit to the number of accessory structures that can be placed on a lot. The proposed amendment will restrict the number of structures larger than 1,200 square feet. With this amendment, there will remain no limit to the number of accessory structures on lots provided the structures are under 1,200 square feet.

Table 1- Examples of the Number of Accessory Structures Allowed per Lot Size

Lot Size Examples
Properties one acre or
less
10,000 sq. ft. lot with a 2,000 sq. ft. house, structures allowed would be:
 1,200 sq. ft. ADU (per State law)
 1,200 sq. ft. accessory structure (with an Admin Action)  Unlimited structures up to 600 sq. ft. (30% of 2,000 sq. ft.) Properties more than one
acre
88,000 sq. ft. lot with a 3,000 sq. ft. house, structures allowed would be:
 1,200 sq. ft. ADU (per State law)
 1,200 sq. ft. accessory structure (with an Admin Action)  Unlimited structures up to 900 sq. ft. (30% of 3,000 sq. ft.)

5. Administrative Action. An amendment is proposed to SVMC Section 9-52.030- Administrative Actions, to allow the size of a residential accessory structure to be increased beyond 30 percent of the primary structure up to 2,000 square feet when the appropriate findings are met.

6. Allowed Use. The amendment clarifies specific use regulations for residential accessory uses and structures in SVMC Section 9-24.030.B Table 2-2. It also adds a footnote to clarify additional development standards for these structures.

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7. Barn Definition. The amendment defines a “barn” as an accessory, non-habitable structure for the purpose of agriculture and animal husbandry/keeping. This definition does not include workshops or the storage of automobiles or recreational vehicles.

Policy changes. Based on the Planning Commission’s feedback and to ensure neighborhood compatibility, the Simi Valley Residential Design Guidelines for accessory structures will be updated as follows (Attachment B, page 18):

1. Accessory detached structures 500 square feet or less (e.g., garages, carports, gazebos, utility /storage buildings, and workshops ), must match a minimum of one primary color to the primary structure.

2. Accessory detached structures over 500 square feet and/or over 12 feet in height, must be architecturally compatible with the primary structure design through the use of:
i. Include one primary color and material from the primary structure such as stucco, wood, brick, or stone, excluding properties in animal overlay zones (to allow barns or similar animal -keeping structures) or over one acre in size.
ii. A roof that includes the use of roof overhangs (eaves) of at least 18 inches.

iii. Roof materials and colors to match the primary structure . Excluding properties in animal overlay zones or over one acre in size.

3. Metal materials are currently only permitted for accessory structures used to house equestrian and other farm animals, such as barns and stables. They are prohibited for structures such as garages, carports, and sheds. The proposed ordinance will allow all accessory structures to use metal materials, regardless of their use, as long as the structure complies with setbacks, height, and lot coverage requirements of the SVMC, Design Guidelines 1 and 2 of the new ordinance, and the California Building Code.

4. R esidential accessory structures cannot be habitable space (i.e., no heating or A/C is allowed).

5. Note that t he proposed ordinance will authorize the Environmental Services Director to establish and modify design standards within the Simi Valley Residential Design Guidelines from time to time at their discretion.

The following alternatives are available to the City Council:

1. Introduce Ordinance No. 1355 amending portions of Title 9 of the Simi Valley Municipal Code ( Z-S-2023-0005) to establish development standards and authorize the Environmental Services Director to establish design guidelines for residential accessory structures.
5 ZS20230005AccessoryStructuresCCmtg3-18-24(klk)

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 mov
e to introduce Ordinance No. 1355 amending portions of Title 9 of the Simi Valley Municipal Code (SVMC) to establish development standards and authorize the Environmental Services Director to establish design guidelines for residential accessory structures; and a determination that the proposed amendments are exempt from the California Environmental Quality Act.

SUMMARY
A
t the request of the community and City Council, Staff initiated a Development Code Amendment (Z-S-2023-0005) to establish development standards such as size, number, and permitting for residential accessory structures, and authorize the Environmental Services Director to establish design guidelines for these structures. The Planning Commission reviewed the proposed amendment on December 6, 2023, and recommended approval with amendments included in the proposed ordinance The Planning Commission recommends that the City Council introduce an O rdinance No. 1355 and determine that the amendments are exempt from the California Environmental Quality Act.
___
_________________________________
Stratis Perros
Environmental Services Director
P
repared by: Alexandra Clingman, Associate Planner
INDEX Page
P
ublic Hearing Procedure .................................................................................. 7 Ordinance No. 1355 ........................................................................................... 9 Attachment A - CEQA Notice of Exemption ..................................................... 16 Attachment B - Proposed City of Simi Valley Design Guidelines ..................... 18 Attachment C - Current City of Simi Valley Design Guidelines ......................... 21 Exhibit 1 - December 6, 2023 Planning Commission Resolution and Minutes . 25 Exhibit 2 - December 6, 2023 Planning Commission Staff Report ................... 40 6 ZS20230005AccessoryStructuresCCmtg3-18-24(klk)

PUBLIC HEARING PROCEDURE

HEARING DATE: March 18, 2024

1. CLERK: This is the time and place set for a continued public hearing to consider City -initiated Municipal Code amendment (Z -S- 2023-0006), to amend portions of Title 9 of the Simi Valley Municipal Code to establish development standards and
modify design guidelines for residential accessory structures; 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)

2. MAYOR: Before we begin, are there any conflicts or ex parte communications to report?

3. ANY COUNCIL (Report)
MEMBER:

4. MAYOR: Staff may begin with the oral report on this matter.

5. STAFF: (Report)

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

7. 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?

8. AUDIENCE: Public Testimony and Comments

9. MAYOR: Does Staff desire to respond to any c omments or issues raised?

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

11. MAYOR
: The hearing is now closed.

12. 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.)

13. MAYOR
: I will now entertain a motion.

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14. ANY COUNCIL
MEMBER:

City Council Actions (by motion of any Council Member):

1) Introduce, modify, or not introduce Ordinance No. 1355 (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.

15. ANY COUNCIL
MEMBER
: Second

16. MAYOR: (Call for vote)

17. MAYOR
: Proceed to the next item.

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ORDINANCE NO. 1355

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SIMI VALLEY FOR CITY -INITIATED MUNICIPAL CODE
TEXT AMENDMENT (Z -S-2023-0005), TO AMEND
PORTIONS OF TITLE 9 OF THE SIMI VALLEY MUNICIPAL

CODE TO ESTABLISH DEVELOPMENT STANDARDS AND

MODIFY DESIGN GUIDELINES FOR RESIDENTIAL
ACCESSORY STRUCTURES; AND A DETERMINATION

THAT THE AMENDMENTS ARE EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT

WHEREAS, 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.

WHEREAS, on August 22, 2022, in response to community concern, Staff was directed by the City Council to modify portions of Title 9 of the Simi Valley Municipal Code (SVMC) to establish development standards and modify design guidelines for residential accessory structures (the “Project”).

WHEREAS, on March 29, 2023, Staff presented potential modifications to residential accessory structure standards, including size restrictions and design guidelines, to the Planning Commission, and prepared code and design guideline updates based on their feedback.

WHEREAS, on December 6, 2023, the Planning Commission reviewed proposed changes at a public hearing and recommended that the City Council approve the changes with amendments to allow properties up to one acre to have a maximum of two (2) accessory structures over 1,200 square feet in size, and properties over one acre to have a maximum of two (2) accessory structures over 1,200 square feet in size per acre; clarify that when calculating the maximum number of accessory structures, natural slope areas exceeding 20 percent are excluded from the calculation of total lot area; and allow an Administrative Action option for structures that are between 30 percent and 2,000 square feet on properties one acre or more.

WHEREAS, 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”).

WHEREAS, the City completed its review and scheduled a public hearing regarding the proposed Project before the City Council for March 18, 2024. Notice of the public hearing on the proposed Project was posted as required by the SVMC.

WHEREAS, on March 18, 2024, the City Council conducted a public hearing to consider the Project including, without limitation, this Ordinance.

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WHEREAS, this Ordinance, and its findings, are based upon the entire administrative record considered during the March 18, 202 4, public hearing including, without limitation, the staff report and accompanying documents.

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 March 18, 2024, 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 Ordinance 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 Ordinance will have a significant effect on the environment.

SECTION 3: Title 9 to the SVMC is amended as set forth in attached Ordinance No. 1355 (page xxx) 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 inevitable 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.

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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.

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 Ordinance, 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 will take effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day following its final passage.

PASSED and ADOPTED this ______ day of _______, 2024.

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, City Attorney Brian Paul Gabler, City Manager

Stratis Perros
Environmental Services Director

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ZS20230005AccessoryStructuresCCmtg3-18-24(klk)
Proposed Development Code Text Amendments (Z-S-2023-0005)

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

Section 9-44.220- Residential Accessory Structures is added to the Simi Valley Municipal Code as follows:

A. Development Standards. Accessory residential structures shall comply with the following:

1. Height, setback, and lot coverage requirements of SVMC sections 9-24 and 9-30.

2. Standards listed in subsections B and C of this chapter.

3. City-adopted Simi Valley Residential Design Guidelines for Accessory Structures. The Environmental Services Director has the authority to establish, and from time to time, approve modifications to the Residential Design Guidelines for Accessory Structures . The City will publish such design guidelines and make them available to the public and any applicant.

4. Accessory structures shall not cumulatively cover more than 40 percent of any required yard and shall maintain a minimum six (6) foot separation from all on-site structures.

B. Size Limits. Accessory residential structures are limited to the following sizes:

1. For the purpose of this section, the square footage of the primary structure shall be defined as the sum of the square footage of the first story of the structure and any attached garages, excluding any attached patios or porches.

2. On lots less than one acre in size, each accessory residential structure shall not be larger than 30 percent of the square footage of the primary structure as defined in subsection B. 1 up to a maximum of 1,200 square feet. The maximum size of an accessory residential structure may be increased beyond the 30 percent limit up to 2,000 square feet in compliance with Section 9-52.030- Administrative Actions.

3. On lots of one acre or more, each accessory residential structure shall not exceed 30 percent of the square footage of the primary structure as defined in subsection B.1 up to a maximum of 2,000 square feet. The maximum size of an accessory residential structure may be increased beyond the 30 percent limit, up to 2,000 square feet in compliance with Section 9- 52.030- Administrative Actions, and beyond 2,000 square feet in compliance with Section 9-52.070- Conditional Use Permits.

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4. On properties within an Animal Overlay Zone (A), (H), (L), each accessory residential structure shall not exceed 2,000 square feet. On lots of one acre or more in size and within an Animal Overlay Zone, the maximum size of an accessory residential structure may be increased beyond 2,000 square feet in compliance with Section 9-52.070- Conditional Use Permits.

C. Number of Accessory Structures.

1. On lots less than one acre in size, accessory residential structures 1,200 square feet or more are limited to a maximum of two (2) structures per lot, inclusive of ADUs.

2. On lots of one acre or more, accessory residential structures 1,200 square feet or more are limited to a maximum of two (2) structures per acre, inclusive of ADUs.

3. When calculating the maximum number of accessory structures, natural slope areas exceeding 20 percent are excluded from the calculation of total lot area.

Table 1- Development Standards for Residential Accessory Structures

Development standards
(SVMC §9-44.220)
Properties less than
one acre in size
Properties one acre or
more in size
Maximum size allowed for
each accessory structure
30% of the square
footage* of the primary
structure, up to a
maximum of 1,200 sq. ft.
30% of the square
footage* of the primary
structure, up to a
maximum of 2,000 sq. ft.

Maximum size when
increased with an
Administrative Action (AA)
(SVMC §9-52.030)
2,000 sq. ft.

Maximum size when
increased with a Conditional
Use Permit (CUP) (SVMC §9-

52.070)
- Over 2,000 sq. ft.

Maximum size when located
in an Animal Overlay Zone
2,000 sq. ft.

Maximum size when located
in an Animal Overlay Zone
increased with a CUP (SVMC
§9-52.070)
- Over 2,000 sq. ft.

Total number of accessory
structures allowed when
1,200 sq. ft. or more in size**
2 inclusive of ADUs 2 per acre inclusive of
ADUs
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ZS20230005AccessoryStructuresCCmtg3-18-24(klk)
*The square footage of the primary structure shall be defined as the sum of the square footage of the first story of the structure and any attached garages, excluding any attached patios or porches (SVMC §9-44.220).
** Exclusive of two-unit developments as described in SVMC §9-24.080.

Part 2

SVMC Chapter 9-52.030 – Administrative Actions is amended as follows:

B. Applicability and findings. An application for an Administrative Action shall be required for the following and subject to the criteria and findings specified herein:

6. To allow the size of an accessory residential structure to be increased beyond 30 percent of the primary structure as defined in SVMC Section 9-

44.220.B, up to 2,000 square feet when the Director finds:

a. The accessory structure is in conformance with all subsections of SVMC Section 9-44.220- Residential Accessory Structures;
b. The accessory structure is consistent with the City-adopted Simi Valley Residential Design Guidelines for Accessory Structures; c. The proposed project qualifies for an exemption under the California Environmental Quality Act; and
d. The proper standards and conditions have been imposed which protect the public health, safety, and welfare.

Part 3

9-24.030.B Table 2-2 – Allowed Uses and Permit Requirements for Residential and Open Space Zoning Districts is amended as follows:

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ZS20230005AccessoryStructuresCCmtg3-18-24(klk)
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
O
S
R
E
RV
L
RL RM Rmod RH RV
H
MH
Accessory residential
uses and structures (6)
P P P P P P P P P 9.52-050
9-44.220

Notes:
(6) See Section 9- 44.220- Residential Accessory Structures for additional development standards.

Part 4

SVMC – Section 9-80.020 – The Definition of Specialized Terms and Phases is amended as follows (note that only the sections that are being modified are shown):
9-80.020 - Definitions of Specialized Terms and Phrases

B. Definitions, "B."
Barn. An accessory, non- habitable structure for the purpose of agriculture and animal husbandry/keeping. Does not include workshops or the storage of automobiles or recreational vehicles (see “Accessory Residential Uses and Structures”

15 ORD. NO. 1355

ATTACHMENT A
ZS20230005AccessoryStructuresCCmtg3-18-24(klk)

NOTICE OF EXEMPTION

To: County Clerk From: City of Simi Valley
County of Ventura 2929 Tapo Canyon Road
800 S. Victoria Avenue Simi Valley, CA 93063
Ventura, CA 93001

Project Title:

Z-S-2023-0005

Project Location - Specific:

Citywide

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

Ventura

Description of Nature, Purpose, and Beneficiaries of Project: Z-S-2023-0005 is a project to amend portions of Title 9 of the Simi Valley Municipal Code to establish development standards and modify design guidelines for residential accessory structures.

Name of Public Agency Approving Project: City of Simi Valley 03/18/2024 Date of Approval

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

Exempt Status: (check one)

Ministerial [Public Resources Code Sec. 21080(b)(1); 14 Cal. Code Regs.

Sec. 15268];
Declared Emergency [Public Resources Sec. 21080(b)(3); 14 Cal. Code Regs. Sec. 15269(a)];
Emergency Project [Public Resources Sec. 21080(b)(4);14 Cal. Code Regs.

Sec. 15269(b)(c)];
Categorical Exemption. State type and section number 15301 “Existing Facilities”
Statutory Exemption. State code number
Common Sense Exemption [14 Cal. Code Regs. Sec. 15061(b)(3)] Text of exemption and reasons why project is exempt:

The proposed amendments are exempt from review under the California Environmental Quality Act (CEQA; California Public Resources Code Section 2100, et seq.) and CEQA regulations (Title 14, California Code of Regulations Section 15000, et seq.) pursuant to CEQA Guidelines Section 15301 (“Existing Facilities”) and Section 15061(b)(3) (“Common Sense Exemption”), and that none of the exceptions to the categorical exemptions contained in CEQA Guidelines Section 15300.2 are applicable to the project.

Section 15301, titled “Existing Facilities,” states that: “Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination […] the key consideration is whether the project involves negligible or no expansion of an existing use.”
16 ZS20230005AccessoryStructuresCCmtg3-18-24(klk)
The proposed amendments to the Development Code will allow minor alterations of existing private structures when in compliance with the proposed standards and design policy changes. The amendments will not involve a substantial expansion of the existing residential uses. Therefore, the project is exempt from CEQA pursuant to Section 15301 of the State CEQA Guidelines.

Additionally, Section 15061(b)(3) states that: “A project is exempt from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.”

The proposed amendments to the Development Code establish development standards and modify policies for residential accessory structures. Establishment of these standards will not create a significant impact on the environment. Therefore, the project is exempt from CEQA pursuant to Section 15061(b) (3) of the State CEQA Guidelines.

Lead Agency
Contact Person: Alexandra Clingman Area Code/Telephone: (805) 583-6772

Signature: _________________ Date: 03/18/2024 Title:

Associate Planner

Signed by Lead Agency
Date received for filing at OPR:

Signed by Applicant

17 ATTACHMENT B
Proposed Simi Valley Residential Design Guidelines for Accessory Structures

To ensure consistency with the Simi Valley Residential Design Guidelines, the following has been established for residential accessory structures:

1. Accessory detached structures* 500 square feet or less, including garages, carports, gazebos, utility or storage buildings, and workshops, shall match a minimum of one primary color to the primary structure.

2. Accessor y detached structures* over 500 square feet and/ or over 12 feet in height, shall be architecturally compatible with the primary structure through the use of:

i. One primary color and material from the primary structure, such as stucco, wood, brick, or stone. Except in animal overlay zones or on properties over one-acre.
ii. A roof that includes the use of roof overhangs (eaves) of at least 18 inches. iii. Roof materials and colors to match the primary structure. Except in animal overlay zones or on properties over one-acre.

3. Prefabricated and/or metal accessory structures are acceptable and shall comply with setbacks, height, and lot coverage requirements of SVMC Sections 9 -24 and 9- 30, design guidelines 1 and 2 above, and the California Building Code (refer to Exhibit 1).

4. Accessory structures are to remain subordinate to the primary residential structure.

Therefore, an accessory structure is limited in size to a maximum of 30 percent of the primary structure or 1,200 square feet, whichever is less, or as otherwise allowed per SVMC Section 9-44.220. More than one accessory structure is permitted, provided a six- foot separation is maintained between all on-site structures and no more than 40 percent of a required yard setback shall be covered by accessory structures.

5. Accessory residential structures* shall not be conditioned or habitable space.

* Does not include Accessory Dwelling Units (ADUs), which are separately defined.

Note that canopies and tent structures are considered temporary in nature for which a Zoni ng Clearance is not issued. However, the structures are subject to the required property setback requirements for accessory structures and do not satisfy the requirement for covered parking.

It is important to check with your Homeowners’ Association, if any, to ensure your proposal is in compliance with the Covenants, Conditions, and Restrictions (CC&Rs). In addition, your title will disclose any deed restrictions or easements, including but not limited to gas, water, sewer, electric, or access easements that have been recorded by the County Clerk and Recorder. The issuance of permits and/or approvals by the City does not relieve the permittee of any responsibilities for complying with the above requirements.

The Environmental Services Director has the authority to approve modifications to or include additional design standards to these Guidelines as regulatory and aesthetic best practices are available.

Simi Valley Residential Design Guidelines
for Accessory Structures
18 Proposed Simi Valley Residential Design Guidelines for Accessory Structures
Exhibit -1 Examples Of Acceptable Metal Building Designs

Examples of Non-acceptable Accessory Structure Designs

19 Proposed Simi Valley Residential Design Guidelines for Accessory Structures

20 ATTACHMENT C
Current Simi Valley Residential Design Guidelines for Accessory Structures
Simi Valley Residential Design Guidelines
for Accessory Structures (Updated 8/18/2020)

To ensure consistency with the Simi Valley Residential Design Guidelines, the following has been established for residential accessory structures:

1. Accessory detached structures larger than 120 square feet, including garages, carports, gazebos, utility or storage buildings, guesthouses, and second dwelling units, should be architecturally compatible with the main house as follows:

a. The materials and colors of an accessory structure should be the same or coordinate with the main house, such as the compatible use of stucco, wood, brick, and stone;

b. The slope of the roof should be similar to the main house. However, the slope shall not be less than a 3:12 pitch; and

c. The roof materials and colors shall be the same as the main house.

2. Accessory structures are to remain subordinate to the main residential structure. Therefore, an accessory structure is to be limited in size to a maximum of 30 percent of the main structure or 1,200 square feet, whichever is less. However, more than one accessory structure is permitted provided a six-foot separation is maintained between all on- site structures and no more than 40 percent of a required yard setback shall be covered by accessory structures.

3. In Horse, Limited Animal, and Animal Overlay Zones, accessory structures for equestrian and other farm animals, such as barns and stables, may be constructed of materials that are appropriate for such use including textured metal panels with metal trim, for the roof as well as the walls (refer to Exhibit 1). These types of equestrian buildings are architecturally more compatible with residential structures, which include the use of roof overhangs. Structures to be used primarily to house equestrian and other farm animals are limited to 2,000 square feet. Quonset Hut type metal buildings, which are generally more appropriate for agricultural and industrial applications, are not acceptable (refer to Exhibit 2).

Note that canopies and tent structures are considered temporary in nature for which a Zoning Clearance is not issued. However, the structures are subject to the required proper ty setback requirements for accessory structures, and do not satisfy the requirement for covered parking.

It is important to check with your homeowners’ association, if any, to ensure your proposal is in compliance with the Covenants, Conditions, and Restrictions (CC&Rs). In addition, your title will disclose any deed restrictions or easements, including but not limited to gas, water, sewer, electric, or access easements that have been recorded by the County Clerk and Recorder. The issuance of permits and/or approvals by the City does not relieve the permittee of any responsibilities for complying with the above requirements. 21 Current Simi Valley Residential Design Guidelines for Accessory Structures
Exhibit 1
Examples of acceptable residential structures used to house equestrian and other farm animals

22 Current Simi Valley Residential Design Guidelines for Accessory Structures

Exhibit 2
Examples of unacceptable residential accessory structures

23 Current Simi Valley Residential Design Guidelines for Accessory Structures

24 EXHIBIT 1

PLANNING COMMISSION

RESOLUTION AND MINUTES

DECEMBER 6, 2023
25 RESOLUTION NO. SVPC 12-2023

A RESOLUTION OF THE P LANNING COMMISSION OF

THE CITY OF SIMI VALLEY RECOMMENDING TO THE

CITY COUNCIL APPROVAL OF DEVELOPMENT CODE
AMENDMENT (Z-S-2023-0005) TO AMEND PORTIONS OF
TITLE 9 OF THE SI MI VALLEY MUNICIPAL CODE TO

ESTABLISH DEVELOPMENT STANDARDS AND MODIFY

DESIGN GUIDELINES FOR RESIDENTIAL ACCESSORY

STRUCTURES, AND A DETERMINATION THAT THE

PROJECT IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
The Planning Commission of the City Of Simi Valley does resolve as follows:

SECTION 1. The Planning Commission finds and declares that:

A. The City of Simi Valley has requested amendments to Title 9 of the Simi Valley Municipal Code to modify portions of Title 9 of the Simi Valley Municipal Code to establish development standards and modify design guidelines for residential accessory structures;
B. On March 29, 2023, the Planning Commission of the City of Simi Valley heard a discussion item on the proposed amendments to the Municipal Code and Design Guidelines;
C. The Municipal Code Text Amendments were prepared and reviewed by the Environmental Services Department for, in part, consistency with the General Plan; D. The City reviewed the project's environmental impacts under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "CEQA Guidelines"), and the City's Environmental Guidelines;
E. The Environmental Services Department completed its review and scheduled the public hearing regarding the application before the Planning Commission for December 6, 2023;
F. On December 6, 2023, the Planning Commission held a public hearing to receive public testimony and other evidence regarding the proposed project, including, without limitation, information provided to the Planning Commission by City staff and public testimony; and
ZS20230005 PC Staff Report Reso (mg)
26 RES. NO. SVPC 12-2023
G. This Resolution and its findings are made based upon the evidence presented to the Commission at its December 6, 2023 hearing including, without limitation, the staff report submitted by the Environmental Services Department.

SECTION 2: Factual Findings and Conclusions. Pursuant to SVMC Section 9-73.070.A, for Development Code Text Amendments, the Planning Commission finds as follows:

1. The amendments are consistent with the General Plan and the applicable review authority shall state the reasons why the land uses authorized by the amendments are compatible with the purpose, intent, goals, policies, programs, and land use designations specified in the General Plan, in compliance with State Law (Government Code Section 65860), in that the proposed amendments to the Development Code are consistent with the following Land Use Policies:
a. Land Use Element Policy LU-5.1: "Locate and design development to assure compatibility among land uses, addressing such elements as building orientation and setbacks, buffering, visibility and privacy, automobile and truck access, pedestrian, and bicycle circulation safety, impacts of noise and lighting, landscape quality, and aesthetics." The text modifications establish specific restrictions to the size and number of accessory structures and ensure compliance with all height, setback, and lot coverage requirements of SVMC sections 9-24 and 9-30. The proposed policy changes also ensure that residential accessory structures maintain aesthetic compatibility with surrounding land uses. Therefore, the text changes are consistent with this policy.
b. Land Use Element Policy LU-5.3: "Respect the scale and character of the land uses and architecture within the neighborhoods when considering new development and renovation of buildings in existing neighborhoods." The proposed changes limit the size of residential accessory structures based on lot size and the size of existing homes. The size limit can only be increased with a discretionary review and approval by the Deputy Environmental Services Director/City Planner and/or Planning Commission.

Additionally, the changes modify the design criteria for accessory structures to ensure compliance with the Simi Valley Residential Design Guidelines.

These changes ensure that new or expanded residential accessory structures respect the scale and character of the existing neighborhood.

Therefore, the text changes are consistent with this policy.

2. Development Code Text Amendment Finding (SVMC Section 9-73.070.B): The applicable review authority has considered the effect of this amendment on the housing needs of the region and has balanced these needs against the public service needs of its residents and against available fiscal and environmental resources, in compliance with State Law (Government Code Section 65863.6), in that, the proposed zoning code amendments aim to establish development and design standards for non-habitable accessory structures and will not affect the housing needs of the region.
2 ZS20230005 PC Staff Report (mg)
27 RES. NO. SVPC 12-2023

3. Development Code Text Amendment Finding (SVMC Section 9-73.070.C): If the amendment by its terms, limits the number of housing u nits which may be constructed on an annual basis, the applicable review authority shall make additional findings which explain and justify how the public health, safety, and welfare of the City are to be promoted by the amendment which reduces the housing opportunities of the region, in compliance with State Law (Government Code Section 65863.6), in that the proposed zoning text amendments will not affect the number of housing units that may be constructed on an annual basis.

SECTION 3: Environmental Assessment. Because of the facts set forth in Section 2, the proposed zone text amendment is exempt from further environmental review under the California Environmental Quality Act (Public Resources Code§§ 21000, et seq., "CEQA") and CEQA Guidelines (14 California Code of Regulations§§ 15000, et seq.) because it qualifies as exempt under Section 15301 ("Existing Facilities") and Section 15061 (b)(3) ("Common Sense Exemption"), and that none of the exceptions to the categorical exemptions contained in CEQA Guidelines Section 15300.2 are applicable to the project.

SECTION 4: Recommendations. The Planning Commission recommends that the City Council adopt the ordinance set forth in attached Exhibit "A," which is incorporated into this resolution by reference.

SECTION 5: Reliance On Record. Each and every one of the findings and determination in this Resolution 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 Planning Commission in all respects and are fully and completely supported by substantial evidence in the record as a whole.

SECTION 6: Limitations. The Planning Commission's analysis and evaluation of the project is based on the best information currently available. It is inevitable 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 Planning Commission's lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are the 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: This Resolution will remain effective until superseded by a subsequent resolution.

SECTION 8: The Commission secretary is directed to mail a copy of this Resolution to any person requesting a copy.
3 ZS20230005 PC Staff Report (mg)
28 RES.NO.SVPC12~ 023
PASSED and ADOPTED this 6th of December 2023.

Attest:
ffi-~ Megan Grai
Recording Secretary
n Tolson, Chairperson
lanning Commission
Approved as to Form:

Ephraim S. Margolin
Deputy City Attorney
Approved as to Content:
~ -·~ Sean Gibson
Deputy Environmental Services Director/
City Planner
4 2S20230005 PC Staff Report (mg)
29 RES. NO. SVPC 12-2023
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 December 6, 2023 by the following vote:

AYES:

NAYS:

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

Megan Grai
Recording Secretary
5 2S20230005 PC Staff Report (mg)
30 RES.NO.SVPC12~ 023

EXHIBIT A
Proposed Development Code Text Amendments (Z-S-2023-0005) 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
Section 9-44.220- Residential Accessory Structures is added to the Simi Valley Municipal Code as follows:

A. Development Standards. Accessory residential structures shall comply with the following:
.1 All height, setback, and lot coverage requirements of SVMC sections 9-24 and 9-30.
~ Size requirements listed in subsection B.
~ City-adopted Simi Valley Residential Design Guidelines for Accessory Structures. The Environmental Services Director has the authority to approve modifications to or include additional design standards to these Guidelines as regulatory and aesthetic best practices are available.

B. Size Limits. Accessory residential structures are limited to the following sizes:
.1 On lots less than one acre in size, accessory residential structures shall not be larger than 30 percent of the square footage of the primary structure as defined in subsection B.3 or 1,200 square feet, whichever is less. The size of an accessory residential structure may be increased up to a maximum of 2,000 square feet in compliance with Section 9-52.030- Administrative Actions.

2. On lots of one acre or more, accessory residential structures shall not exceed 30 percent of the square footage of the primary structure as defined in subsection B.3 or 2,000 square feet, whichever is less. The size of an accessory residential structure may be increased beyond 2,000 square feet in compliance with Section 9-52.070- Conditional Use Permits. ~ For the purpose of this section, the square footage of the primary structure shall be defined as the sum of the square footage of the first story of the structure and an y attached garages, excluding any attached patios or porches.

C. Number of Accessory Structures. Accessory residential structures 1,200 square feet or more are limited to a maximum of two (2) structures per lot except for lots over one (1) acre in size, inclusive of AD Us. Accessory structures shall not cover more than 40% of any required yard and shall maintain a minimum six (6) foot separation from all on-site structures.
6 ZS20230005 PC Staff Report (mg)
31 RES. NO. SVPC 12-2023
Part 2
SVMC Chapter 9-52.030 - Administrative Actions is amended as follows:
fl Applicability and findings. An application for an Administrative Action shall be required for the following and subject to the criteria and findings specified herein:
2"" To allow the size of an accessory residential structure to be increased beyond 30 percent of the primary structure as defined in SVMC Section 9-

44.220. B.3 up to 2,000 square feet when the Director finds:
g.,_ The accessory structure is in conformance with the building segaration, height, and lot coverage requirements of SVMC sections 9-24 and 9-3,0; ~ The accessory structure is consistent with the City-adopted Simi Valley Residential Design Guidelines for Accessory Structures; _g.,_ The proposed project qualifies for an exemption under the California Environmental Quality Act and ·
~ The proper standards and conditions have been imposed which protect the public health, safety, and welfare.

Part 3
9-24.030.B Table 2-2- Allowed Uses and Permit Requirements for Residential and Open Space Zoning Districts is amended as follows:

TABLE 2-2 p Permitted Use (2)
Allowed Uses and Permit Requirements for CUP Conditional Use Permit required Residential and Open Space Zoning HP Home Occupation Permit required Districts - Use not allowed
LAND USE (1) PERMIT REQUIRED BY DISTRICT Specific
Use
Regulations
0 R RV RL RM Rmod RH RV MH
s E L H
p p p p p p p p p 9.52 Q5Q
Accessory residential 9-44.220
uses and structures .(fil 9-24
9-30
7 2S20230005 PC Staff Report (mg)
32 RES. NO. SVPC 12-2023
Notes:
(6) Accessory residential structures shall not exceed 30 percent of the percent of the square footage primary structure as defined in SVMC Section 9-44.220.B.3 or 1,200 square feet, whichever is less. The size of an accessory residential structure may be increased in compliance with Section 9-52.030- Administrative Actions or Section 9-

52.070- Conditional Use Permits. See Section 9 -44.220- Residential Accessoty Structures for additional development standards.

Part 4
SVMC - Section 9-80.020- The Definition of Specialized Terms and Phases is amended as follows (note that only the sections that are being modified are shown):
9-80.020 - Definitions of Specialized Terms and Phrases B. Definitions, "B."
Barn. An accessory, non-habitable structure for the purpose of agriculture and animal husbandry/keeping. Does not include workshops or the storage of automobiles or recreational vehicles (see "Accessory Residential Uses and Structures").
8 ZS20230005 PC Staff Report (mg)
33 MINUTES OF THE MEETING OF THE

PLANNING COMMISSION

MOBILE HOME RENT MEDIATION BOARD

TREE ADVISORY BOARD

City Council Chamber December 6, 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 – October 18, 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
Two supplemental staff reports were provided for item 11.A.2.

9. CONSENT CALENDAR
It was the consensus of the Commission to approve the Consent Calendar as submitted.

A. Annual Review of Pl anning Commission By-Laws
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Mobile Home Rent Mediation Board
Tree Advisory Board Minutes – Page 2 December 6, 2023

10. CONTINUED BUSINESS - None

11. NEW BUSINESS
A. PUBLIC HEARINGS

1. PD-S-2023-0007; Fabio Malek: To consider a three (3) year Time Extension for a previously appr oved Planned Development Permit (PD-S-1046) for the construction of a 28-unit three-story senior apartment building with three affor dable units; and a determination that the project is exem pt from the California Environmental Quality Act
Location: 1424 Patricia Avenue
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.

Commissioner Mayer asked if the time extension has any effect on our RHNA numbers so the City maintains complianc e. Principal Planner Claudia Pedroso stated the numbers have already been counted.

Chairperson Tolson opened the public testimony portion of the hearing.

The Applicant, Fabio Malek, gave a brief presentation about the project. Mr. Malek stated with COVID and the in flation with regard to building costs and increased interest rates, he is asking for more time.

Chairperson Tolson closed the public testimony portion of the hearing.

Commissioner Mayer asked where Mr. Malek sees this project in the next three years. Mr. Malek responded t hat he is unsure. He is waiting to see the balance with all costs associated with building.

VICE CHAIRPERSON RICE MOVED THAT THE

PLANNING COMMISSION OF THE CITY OF SIMI

VALLEY ADOPT A RESOLUTION APPROVING
PLANNED DEVELOPMENT PERMIT (PD-S2023-
0007) FOR A THREE-YEAR TIME EXTENSION TO A
PREVIOUSLY APPROVED PROJECT (PD-S-1046)
FOR THE CONSTRUCTION OF A 28-UNIT THREE-
35 Planning Commission Meeting
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Tree Advisory Board Minutes – Page 3 December 6, 2023

STORY SENIOR APARTMENT BUILDING WITH
THREE AFFORDABLE UNITS; AND A

DETERMINATION THAT THE PROJECT IS EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT

Commissioner Mayer seconded the motion.

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

NAYS: None

ABSTAIN: None

ABSENT: Commissioner Kennedy

The appeal period for PD-S-2023-0007 is 14 calendar
days.

2. Z-S-2023-0005; City of Simi Valley: To consider City- Initiated Municipal Code Text Amendment (Z-S-2023-0005), to amend portions of Title 9 of the Simi Valley Municipal Code to establish development standards and modify design guidelines for residential accessory structures; and a determination that the project is exempt from the California Environmental Quality Act
Location: Citywide
Staff Contact: Alexandra Clingman
(805) 583-6772

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 Alexandra Clingman gave a presentation of the staff report.

Vice Chairperson Rice questioned the number of accessory structures allowed per lots. Commissioner Mann and Chairperson Rice suggested limiting the number of accessory structures allowed on a property of one to two acres in size to a maximum of four (4), and requests for additional structures require Administrative Action. Ms. Clingman stated the three-tier system is an opt ion that staff can look into if requested.

Commissioner Mann inquired if this amendment is for attached or detached accessory structures. Ms. Clingman replied this is for detached accessory 36 Planning Commission Meeting
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Tree Advisory Board Minutes – Page 4 December 6, 2023

structures. Commissioner Mann also asked if an accessory structure is not allowed to be habitable, does that mean a buildin g cannot have a portable air conditioner unit installed. Ms. Clingman stated the r equirement is part of the building code.

Senior Planner Naren Gunasek era stated that under the building code, a built-in system would be considered this ‘condi tioned’ space and would be considered habitable.

Commissioner Mayer questioned if access ory structures have a pathway to become an Accessory Dwelling Unit (ADU). Mr. Gunasekera stated that permitted structures can become an AD U per state law unless the property already has an ADU.

Chairperson Tolson opened the public testimony portion of the hearing.

Bruce Bromberg suggested that a formula be developed to determine the number of units allowed on a property.

Rick Barger is in the process to get an accessory structure added to his property but currently is not allowed with the current code. He is in support of the municipal code changes. Mr. Barger inquired about Administrative Actions within the animal overlay zone and stated that he is not in support of requiring an Administrative Action for a larger structure within this zone.

Ms. Clingman clarified the proposed code change to now require an Administrative Action (AA) is due to issues of current barns being used for non-approved uses.

With the AA, it would help ensure the building being requested is appropriate for the neighborhood.

Commissioner Mann inquired ab out the accessory structure sizes in an animal overlay zone with a 2,000 squar e-foot house. Mr. Gibs on clarified that for a property with a 2,000 square foot home, currently a garage or non-animal barn is only allowed up to 600 square feet and an animal keeping barn can be 2,000 square feet. With the proposed ordinance change, you could have a 600 square foot accessory unit, barn or garage, or you can apply for a larger accessory unit with an Administrative Action.

Commissioner Mayer asked about fees associated with the process.

Chairperson Tolson closed the public testimony portion of the hearing.

Commissioner Rice brought up the option of limiting the quantity of accessory structures in relation to property size.

Commissioner Mayer asked to discuss the costs associated with obtaining approval with administrative action.
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Mr. Gibson stated that one option is to recommend approval of the changes with suggestions to the City Council, or Staff can bring back the amendments for further clarification to the Commission.

The Commissioners suggested the amendments move forward to the City Council with the following clarifications:
 Properties up to 1 acre can have a maximum of 2 structures, while properties over 1 acre can have 2 structures per acre.
 Useable space should be clarif ied as being below 20% slopes.  Explore options for the fee of an Administrative Action.  Add an Administrative Action option for structures that are between 30% and 2,000 square feet on properties over 1 acre.

COMMISSIONER MANN MOVED THAT THE

PLANNING COMMISSION OF THE CITY OF SIMI

VALLEY ADOPT A RESOLUTION RECOMMENDING

TO THE CITY COUNCIL APPROVAL OF CITY-

INITIATED MUNICIPAL CODE TEXT AMENDMENT
(Z-S-2023-0005) WITH RECOMMENDED CHANGES,
TO AMEND PORTIONS OF TITLE 9 OF THE SIMI

VALLEY MUNICIPAL CO DE TO ESTABLISH

DEVELOPMENT STANDARDS AND MODIFY

DESIGN GUIDELINES FOR RESIDENTIAL
ACCESSORY STRUCTURES; AND A

DETERMINATION THAT THE PROJECT IS EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT

Commissioner Mayer seconded the motion.

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

NAYS: None

ABSTAIN: None

ABSENT: Commissioner Kennedy

There is no appeal period for Z-S-2023-0005.

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B. OTHER

1. Review of City of Simi Valley’s Street Tree Policies and the Role of the Tree Advisory Board

Deputy Public Works Director, Chris Oberender, gave a presentation summary of the trees within th e City. Mr. Oberender discussed removal, replacement, and tree maintenance.

2. Confirm 2024 Planning Commission Meeting Dates

Commissioner Rice recommended June 19, 2024 be moved to June 26, 2024.

12. ORAL COMMUNICATIONS AND REPORTS
A. STAFF
Mr. Gibson stated an email correspondence will be provided in the upcoming weeks regarding the League of California Cities Planning Commissioners Academy March 6 - 8, 2024.

Mr. Gibson also announced Principal Planner Claudia Pedroso’s retirement.

B. PLANNING COMMISSION – None
C. MOBILE HOME RENT MEDIATION BOARD – None
D. TREE ADVISORY BOARD – None

13. ADJOURNMENT
The regular meeting of the Planning Commission of the City of Simi Valley was adjourned at 7:53 p.m. The next scheduled Planning Commission meeting is on December 20, 2023.

Minutes prepared by:

Megan Grai
39 EXHIBIT 2

PLANNING COMMISSION STAFF REPORT

DECEMBER 6, 2023
40 ZS20230005 PC Staff Report (mg)

CITY OF SIMI VALLEY

MEMORANDUM

December 6, 2023

TO: Planning Commission

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

SUBJECT: A PUBLIC HEARING TO CONSIDER CITY-INITIATED MUNICIPAL CODE TEXT AMENDMENT (Z-S-2023-0005), TO AMEND PORTIONS OF TITLE 9 OF THE SIMI VALLEY MUNI CIPAL CODE TO ESTABLISH

DEVELOPMENT STANDARDS AND MODIFY DESIGN GUIDELINES FOR
RESIDENTIAL ACCESSORY STRUCTURES; AND A DETERMINATION

THAT THE AMENDMENTS ARE EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT

RECOMMENDATION

Staff recommends that the Planning Commission adopt Resolution No. 12-2023 recommending to the City Council approval of Z-S-2023-0005 to amend portions of Title 9 of the Simi Valley Municipal Code (SVM C) to establish development standards and authorize the Environmental Se rvices Director to estab lish design guidelines for residential accessory structures; and a determination that the proposed amendments are exempt from the California Environmental Quality Act.

BACKGROUND AND OVERVIEW

The community has expressed concerns over the City’s policies restricting the size and material of residential accessory structures such as garages, carports, animal enclosures (barns), and tool sheds on residential lots. On August 22, 2022, the City Council directed Staff to review changes to these standards with the Planning Commission. These policies largely do not affect accessory dwelling units and junior accessory dwelling units.

Staff presented potential modifications to residential accessory structure standards including size restrictions and design guide lines to the Planning Commission on March 29, 2023. Staff has prepared proposed code and design guideline updates based on feedback from the Planning Commission.

Current Standards for Residential Accessory Structures

Accessory structures are defined in the Simi Valley Municipal Code (SVMC) as “Any...structure that is customarily a par t of, and clearly incidental and secondary to, a residence, does not change the character of the residential use and is non-habitable space.” (See SVMC 9-80.020.) These include garages, carports, and storage sheds. The Planning Division permits residential accessory structures with a ministerial Zoning Clearance if the proposed stru cture meets the City’s requir ed setbacks, lot coverage,

AGENDA ITEM NO.

11.A.2.
41 2
ZS20230005 PC Staff Report (mg)
height, and design standards. Residential accessory structures over 120 square feet in size also require Building Permits from the Building & Safety Division.

In the mid- 2000’s, the City enacted design guidelines and size limitations for residential accessory structures. These have been administratively updated from time to time. Staff currently implements these policies to ensure that new residential accessory structures remain subordinate to the primary dwelling, are designed to a certain aesthetic, are used for their intended purpose, and ar e consistent with the Simi Valley Residential Design Guidelines (Attachment C).

NEIGHBORHOOD COUNCIL

The proposed code amendment was heard by t he Executive Boards of Neighborhood Council #1 on November 9, 2023; Neighbo rhood Council #2 on November 14, 2023; Neighborhood Council #3 on November 16, 2023; and Neighborhood Council #4 on November 21, 2023. As the meetings concluded after the preparation of this Staff Report, a summary of the meeting will be provided as a supplemental Staff Report prior to the public hearing.

ANALYSIS

Proposed Text Amendments and Policy Updates

Based on community requests and the Planning Commission’s feedback and to ensure consistency throughout the C ode, Staff proposes the following Municipal Code text amendments:

1. Development Standards. A section is added to SVMC Section 9-44 Standards for Specific Land Uses, to clarify that residential accessory structures must comply with all height, setback, and lot coverage requirements of SVMC sections 9-24 and 9-30; codified size requirements; and City-adopted Simi Valley Residential Design Guidelines for Accessory Structures.

This section will also clarify that the Environmental Services Director will have the authority to approve modifications or additional design standards to the guidelines as regulatory and aesthetic best practices become available.

2. Size limits. The amendment codifies the following size limitations for residential accessory structures:

a. Residential accessory structures can be no larger than 30 percent of the square footage of the primary structure, including the attached garage area, or 1,200 square feet, whichever is less, unless increased with a discretionary Staff level Administrati ve Action application. On properties less than one acre, this increase is limited to 2,000 square feet.

b. On properties one acre or more, the size of a residential accessory structure can be no larger than 30 percent of the square footage of the primary 42 3
ZS20230005 PC Staff Report (mg)
structure, including the attached garage area, or 2,000 square feet, whichever is less, unless increased with a discretionary Conditional Use Permit approval from the Planning Commission.

c. The amendment also clarifies that fo r the purpose of this code section, the square footage of the primary structure is defined as the sum of the square footage of the first story of the structure and the attached garage, excluding any attached patios or porches.

3. Number of residential accessory structures. The amendment codifies that on lots less than one acre in size, a maximum of two (2) residential accessory structures are allowed per lot when those structures are 1,200 square feet or more, including accessory dwelling units. On lots one acre or more, residential accessory structures would continue to have no limit.

4. Administrative Action. A section is added to SVM C Section 9-52.030- Administrative Actions, to allow the size of a residential accesso ry structure to be increased beyond 30 percent of the primary structure up to 2,000 square feet when the appropriate findings are met.

5. Allowed Use. The amendment clarifies specific use regulations for residential accessory uses and structures in SVMC Section 9-24.030.B Table 2-2. It also adds a footnote to clarify the allowable size for these structures.

6. Barn Definition. The amendment defines a “barn” as an accessory, non-habitable structure for the purpose of agricultu re and animal husbandry/keeping. This definition does not include workshops or the storage of automobiles or recreational vehicles.

7. Policy changes. Based on the Planning Commission’s feedback and to ensure neighborhood compatibi lity, the Simi Valley Resident ial Design Guidelines for accessory structures will be updated as follows (Attachment B):

a. Accessory detached structures 500 square feet or less (e.g., garages, carports, gazebos, utility/storage buildings, and workshops), must match a minimum of one primary color to the primary structure.

b. Accessory detached structures over 500 square feet and/or over 12 feet in height, must be architecturally compatible with the primary structure design through the use of:

I. Include one primary color and mate rial from the primary structure such as stucco, wood, brick, or stone, excluding properties in animal overlay zones (to allow barns or similar animal-keeping structures) or over one acre in size.

II. A roof that includes the use of roof overhangs (eaves) or as determined by the Environmental Services Director.
43 4
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III. Roof materials and colors to matc h the primary structure. Excluding properties in animal overlay zones or over one acre in size. c. Currently, metal materials are only pe rmitted for accessory structures used to house equestrian and other farm animals, such as barns and stables.

However, they are prohibited for structures such as garages, carports, and sheds. The proposed ordinance will allow all accessory structures to use metal materials, regardless of their use, as long as the structure complies with setbacks, height, and lot coverage requirements of the SVMC, Design Guidelines (a) and (b) of the new or dinance, and the California Building Code.

d. Residential accessory structures cannot be habitable space (i.e., no heating or A/C is allowed).

Note that the proposed changes will authorize the Environmental Services Director to establish and modify design standards.

FINDINGS

The proposed Simi Valley Municipal Code amendments are consistent with the following findings and applies to the resolution recommending approval (Page 9):

1. Development Code Text Amendment Fi nding (SVMC Section 9-73.070.A): The amendments are consistent with the General Plan and the applicable review authority shall state the reasons why the land uses authorized by the amendments are compatible with the purpose, inten t, goals, policies, pr ograms, and land use designations specified in the General Plan, in compliance with State Law (Government Code Section 65860), in t hat the proposed am endments to the Development Code are consistent with the following Land Use Policies:

a. Land Use Element Policy LU-5.1: “Locate and design development to assure compatibility among land us es, addressing such elements as building orientation and setbacks, bu ffering, visibility and privacy, automobile and truck access, pedestrian, and bicycle circulation safety, impacts of noise and lighting, landscape quality, and aesthetics.” The text modifications establish specific rest rictions to the size and number of residential accessory structures and ensure compliance with all height, setback, and lot coverage requirement s of SVMC sections 9-24 and 9-30.

The proposed policy changes also ensure that residential accessory structures maintain aesthetic com patibility with surrounding land uses.

Therefore, the text changes are consistent with this policy.

b. Land Use Element Policy LU-5.3 : “Respect the scale and character of the land uses and architecture within the neighborhoods when considering new development and renovation of buildi ngs in existing neighborhoods.” The proposed changes limit the size of residential accessory structures based on lot size and the size of existing homes. The size limit can only be 44 5
ZS20230005 PC Staff Report (mg)
increased with a discretionary revi ew and approval by the Deputy Environmental Services Director/City Planner and/or Planning Commission.

Additionally, the changes modify the design criteria for residential accessory structures to ensure compliance with the Simi Valley Residential Design Guidelines. These changes ensure that new or expanded residential accessory structures respect the sca le and character of the existing neighborhood. Therefore, the text changes are consistent with this policy.

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

2. Development Code Text Amendment Fi nding (SVMC Section 9-73.070.B): The applicable review authority has considered the effect of this amendment on the housing needs of the regi on and has balanced these needs against the public service needs of its residents and against available fiscal and environmental resources, in compliance with State Law (Government Code Section 65863.6), in that, the proposed zoning code amendments ai m to establish development and design standards for non-habitable accessor y structures and will not affect the housing needs of the region. Therefore, the proposed text amendments are consistent with this finding.

3. Development Code Text Amendment Finding (SVMC Section 9- 73.070.C): If the amendment by its terms, lim its the number of housi ng units which may be constructed on an annual basi s, the applicable review authority shall make additional findings which explain and just ify how the public health, safety, and welfare of the City are to be promot ed by the amendment which reduces the housing opportunities of t he region, in compliance with State Law (Government Code Section 65863.6), in that the proposed zoning text amendments will not affect the number of housing units that may be constructed on an annual basis.

Therefore, the proposed text amendments are consistent with this finding.

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 Regulations Section 15000, et seq.) pursuant to CEQA Guidelines Section 15301 (“Existing Facilities”) and Section 15061(b)(3) (“Common Sense Exemption”), and that none of the exceptions to the categorical exemptions contained in CEQA Guidelines Section 15300.2 are applicable to the project.

Section 15301, titled “Existing Facilities,” states that: “Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topogr aphical features, involving negligible or no expans ion of use beyond that existing at the time of the lead agency’s determination […] the key consid eration is whether the projec t involves negligible or no expansion of an existing use.”

The proposed amendments to t he Development Code will allow minor alterations of existing private structures when in co mpliance with the proposed standards and design 45 6
ZS20230005 PC Staff Report (mg)
policy changes. The amendments will not involve a substantial expansion of the existing residential uses. Therefore, the project is exempt from CEQA pursuant to Section 15301 of the State CEQA Guidelines. A Notice of Exemption was filed for the project (Attachment A).

Additionally, Section 15061(b)(3) states that: “A project is exempt from CEQA if the activity is covered by the common sense ex emption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.”

The proposed amendments to the Development Code establish development standards and modify policies for residential accessory structures. Establishment of these standards will not create a significant im pact on the environment. Therefor e, the project is exempt from CEQA pursuant to Section 15061(b) (3) of the State CEQA Guidelines.

INDEX Page

Planning Commission Procedure .................................................................................... 7 Resolution No. 12-2023 ................................................................................................... 9 Exhibit A: Proposed Development Code Text Amendments (Z-S-2023-0005) ...... 14 Attachment A: Notice of Exemption .............................................................................. 17 Attachment B: Proposed Simi Valley Reside ntial Design Guidelines for Accessory Structures ..................................................................................................................... 19 Attachment C: Current Simi Valley Residential Design Guidelines for Accessory Structures ...................................................................................................................... 22

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PLANNING COMMISSION PUBLIC HEARING PROCEDURE

HEARING DATE: December 6, 2023

Z-S-2023-0005

1. CHAIRMAN: a) This is the time and place set for a public hearing on the consideration of Z- S-2023-0005, a recommendation
by Staff to amend portions of Title 9 of the Simi Valley Municipal Code to establish development standards and
modify design guidelines for residential accessory
structures, and a determination that the amendments are exempt from the California Environmental Quality Act.

b) May we have an oral repor t on this matter by staff?

2. STAFF: (Report)

3. ANY
COMMISSIONER: (Questions of staff)

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

6. CHAIRMAN: Are there any questions for Staff?

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

8. AUDIENCE: (Comments)

9. CHAIRMAN: a) Are there any comments from staff regarding statements made during the public hearing? (Check with Deputy Environmental Servic es Director/City Planner, and staff members in the audience.)

b) If there are no further questions, we will close the public testimony portion of the hearing.

c) Are there any comments or questions from members
of the Planning Commission?

10. ANY
COMMISSIONER: (Comments)

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

47 8
ZS20230005 PC Staff Report (mg)

12. RECORDING
SECRETARY: (Reads Number and Title of Resolution)

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

14. ANY
COMMISSIONER: I move to adopt a resolution recommending approval of Z-S-2023-0005

or

I move to recommend denial of Z-S-2023-0005.

[Staff will prepare the resolution for the Planning Commission to ratify at the next meeting.]

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

16. CHAIRMAN : May I have a Second?

17. ANY
COMMISSIONER: I second the motion.

18. CHAIRMAN: Call for the vote.

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

20. CHAIRMAN: There is no Appeal period for the Z-S-2023-0005 and the item(s) will proceed to the City Council with the Planning Commission’s recommendation.

o r

21. ANY
COMMISSIONER: I move continuation of the matter until the meeting of ___.

o r

22. ANY
COMMISSIONER: I move continuation of the matter to a date uncertain.

23. CHAIRMAN: Proceed to the next item.
48 9
ZS20230005 PC Staff Report (mg)
RESOLUTION NO. SVPC 12-2023

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF SIMI VALL EY RECOMMENDING TO THE

CITY COUNCIL APPROVAL OF DEVELOPMENT CODE
AMENDMENT (Z-S-2023-0005) TO AMEND PORTIONS OF
TITLE 9 OF THE SIMI VAL LEY MUNICIPAL CODE TO

ESTABLISH DEVELOPMENT STANDARDS AND MODIFY

DESIGN GUIDELINES FOR RESIDENTIAL ACCESSORY

STRUCTURES, AND A DETERMINATION THAT THE

PROJECT IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT

The Planning Commission of the City Of Simi Valley does resolve as follows:

SECTION 1. The Planning Commission finds and declares that:

A. The City of Simi Valley has request ed amendments to Title 9 of the Simi Valley Municipal Code to modify portions of Title 9 of the Simi Valle y Municipal Code to establish development standards and modi fy design guidelines for residential accessory structures;

B. On March 29, 2023, the Planning Commission of the Cit y of Simi Valley heard a discussion item on the proposed amendments to the Municipal Code and Design Guidelines;

C. The Municipal Code Te xt Amendments were prepared and reviewed by the Environmental Services Department for, in part, consistency with the General Plan;

D. The City reviewed the project’s environmental impacts under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgat ed thereunder (14 Ca lifornia Code of Regulations §§ 15000, et seq., the “CEQA Guidelines ”), and the City’s Environmental Guidelines;

E. The Environmental Services Department completed its review and scheduled the public hearing regarding t he application before the Planning Commission for December 6, 2023;

F. On December 6, 2023, t he Planning Commission held a public hearing to receive public testimony and other evidence regar ding the proposed project, including, without limitation, information provided to the Planning Commission by City staff and public testimony; and

49 RES. NO. SVPC 12-2023

10 ZS20230005 PC Staff Report (mg)

G. This Resolution and its findings are m ade based upon the evidence presented to the Commission at its December 6, 2023 hearing including, without limitation, the staff report submitted by the Environmental Services Department.

SECTION 2: Factual Findings and Conclusions. Pursuant to SVMC Section 9-73.070.A, for Development Code Text Amendments, the Planning Commission finds as follows:

1. The amendments are cons istent with the General Pl an and the applicable review authority shall state the reasons why the land uses authorized by the amendments are compatible with the purpose, inten t, goals, policies, pr ograms, and land use designations specified in the General Plan, in compliance with State Law (Government Code Section 65860), in t hat the proposed am endments to the Development Code are consistent with the following Land Use Policies:

a. Land Use Element Policy LU-5.1: “Locate and design development to assure compatibility among land us es, addressing such elements as building orientation and setbacks, bu ffering, visibility and privacy, automobile and truck access, pedestrian, and bicycle circulation safety, impacts of noise and lighting, landscape quality, and aesthetics.” The text modifications establish specific rest rictions to the size and number of accessory structures and ensure compli ance with all height, setback, and lot coverage requirements of SVMC sections 9-24 and 9-30. The proposed policy changes also ensure that resident ial accessory structures maintain aesthetic compatibility with surrounding land uses. Therefore, the text changes are consistent with this policy.

b. Land Use Element Policy LU-5.3 : “Respect the scale and character of the land uses and architecture within the neighborhoods when considering new development and renovation of buildi ngs in existing neighborhoods.” The proposed changes limit the size of residential accessory structures based on lot size and the size of existing homes. The size limit can only be increased with a discretionary revi ew and approval by the Deputy Environmental Services Director/City Planner and/or Planning Commission.

Additionally, the changes modify the design criteria for accessory structures to ensure compliance with the Simi Va lley Residential Design Guidelines.

These changes ensure that new or expanded residential accessory structures respect the scale and char acter of the existing neighborhood.

Therefore, the text changes are consistent with this policy.

2. Development Code Text Amendment Fi nding (SVMC Section 9-73.070.B): The applicable review authority has considered the effect of this amendment on the housing needs of the regi on and has balanced these needs against the public service needs of its residents and against available fiscal and environmental resources, in compliance with State Law (Government Code Section 65863.6), in that, the proposed zoning code amendments aim to establish development and design standards for non-habitable accessor y structures and will not affect the housing needs of the region.
50 RES. NO. SVPC 12-2023
11 ZS20230005 PC Staff Report (mg)

3. Development Code Text Amendment Findi
ng (SVMC Section 9-73.070.C): If the
amendment by its terms, lim its the number of housi ng units which may be constructed on an annual basi s, the applicable review authority shall make additional findings which explain and just ify how the public health, safety, and welfare of the City are to be promot ed by the amendment which reduces the housing opportunities of t he region, in compliance with State Law (Government Code Section 65863.6), in that the proposed zoning text amendments will not affect the number of housing units that may be constructed on an annual basis.

SECTION 3: Environmental Assessment. Because of the facts set forth in Section 2, the proposed zone text amendment is exempt from further envir onmental review under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (14 Californi a Code of Regulations §§ 15000, et seq.) because it qualifies as exempt under Section 15301 (“Existing Facilities”) and Section 15061(b)(3) (“Common Sense Exemption”), and that none of the exceptions to the categorical exemptions contained in CEQA Guidelines Section 15300.2 are applicable to the project.

SECTION 4: Recommendations. The Planning Commission recommends that the City Council adopt the ordinance set fo rth in attached Exhibit “A,” which is incorporated into this resolution by reference.

SECTION 5: Reliance On Record. Each and every one of the findings and determination in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record re lating to the project. The findings and determinations constitute the independent fi ndings and determinations of the Planning Commission in all respects and are fully and completely supported by substantial evidence in the record as a whole.

SECTION 6: Limitations. The Planning Commission’s anal ysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project t hat 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 Planning Commission’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are the 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 fram ework within which it exists and with the limitations inherent in that framework.

SECTION 7: This Resolution will remain effective until super seded by a subsequent resolution.

SECTION 8: The Commission secretary is direct ed to mail a copy of this Resolution to any person requesting a copy.
51 RES.NO.SVPC12�023
PASSED and ADOPTED this 6th of December 2023.

Attest:
ffi-�
Megan Grai
Recording Secretary
Approved as to Form:

Ephraim S. Margolin
Deputy City Attorney
2S20230005 PC Staff Report (mg)
12 �n Tolson, Chairperson
��ning Commission
Approved as to Content:
�-·� Sean Gibson
Deputy Environmental Services Director/
City Planner
52 RES. NO. SVPC 12-2023
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 December 6, 2023 by the following vote:

AYES:

NAYS:

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

Megan Grai
Recording Secretary
2S20230005 PC Staff Report (mg)
13 53
RES. NO. SVPC 12-2023

EXHIBIT A
ZS20230005 PC Staff Report (mg)
14 Proposed Development Code Text Amendments (Z-S-2023-0005) Amendments to the follo wing sect
ions of Title 9 of t he Simi Valley Municipal Code are
shown below. Revised code sections are shown as underlined text. Deletions are shown as strikethrough text.

Part 1
Section 9-44.220- Residential Accessory Structures is added to the Simi Valley Municipal
Code as follows:

A. Development Stand
ards. Accessory residential struct ures shall comply with the following:

1. All height, setback, and lot cover age requirements of SVMC sections 9-24 and 9-30.

2. Size requirements listed in subsection B.

3. City-adopted Simi Valley Residentia l Design Guidelines for Accessory Structures. The Environm ental Services Director has the authority to approve modifications to or include additional design standards to these Guidelines as regulatory and aesthetic best practices are available.

B. Size Limits
. Accessory residential structures are limited to the following sizes:

1. On lots less than one acre in size, a ccessory residential structures shall not be larger than 30 percent of the square footage of the primary structure as defined in subsection B.3 or 1,200 square feet, whichever is less. The size of an accessory residential structure may be increased up to a maximum of 2,000 square feet in compliance with Section 9-52.030- Administrative Actions.

2. On lots of one acre or more, acce ssory residential structures shall not exceed 30 percent of the square footage of the primary structure as defined in subsection B.3 or 2,000 square feet, whichever is less. The size of an accessory residential structure may be increased beyond 2,000 square feet in compliance with Section 9-52.070- Conditional Use Permits.

3. For the purpose of this section, t he square footage of the primary structure shall be defined as the sum of the squar e footage of the first story of the structure and any attached garages, excluding any attached patios or porches.

C. Number of Accessory
Structures. Accessory residential structures 1,200 square feet or more are limited to a maximum of two (2) structur es per lot except for lots over one (1) acre in size, inclusive of A DUs. Accessory structures shall not cover more than 40% of any requi red yard and shall maintain a minimum six (6) foot separation from all on-site structures.
54 RES. NO. SVPC 12-2023

ZS20230005 PC Staff Report (mg)
15 Part 2

SVMC Chapter 9-52.030 – Administrative Actions is amended as follows:

B. Applicability and findings. An application for an Admini strative Action shall be required for the following and subject to the criteria and findings specified herein:

6. To allow the size of an accessory residential structure to be increased beyond 30 percent of the primary structure as defined in SVMC Section 9-

44.220.B.3 up to 2,000 square feet when the Director finds:

a. The accessory structure is in c onformance with the building separation, height, and lot coverage requirements of SVMC sections 9-24 and 9-30; b. The accessory structure is consis tent with the City-adopted Simi Valley Residential Design Guidelines for Accessory Structures; c. The proposed project qualifies for an exemption under the California Environmental Quality Act; and
d. The proper standards and conditions have been imposed which protect the public health, safety, and welfare.

Part 3

9-24.030.B Table 2-2 – Allowed Uses and Permit Requirements for Residential and Open Space Zoning Districts is amended as follows:

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
O
S
R
E
RV
L
RL RM Rmod RH RV
H
MH
Accessory residential
uses and structures (6)
P P P P P P P P P 9.52-050
9-44.220
9-24
9-30
55 RES. NO. SVPC 12-2023

ZS20230005 PC Staff Report (mg)
16 Notes:
(6) Accessory residential structures shall not exceed 30 percent of the percent of the square footage primary struct ure as defined in SVMC Sect ion 9-44.220.B.3 or 1,200 square feet, whichever is less. The size of an accessory residential structure may be increased in compliance with Section 9-52.030- Administrative Actions or Section 9-

52.070- Conditional Use Permits. See Se ction 9-44.220- Residential Accessory Structures for additional development standards.

Part 4

SVMC – Section 9-80.020 – The Definition of Specialized Terms and Phases is amended as follows (note that only the sections that are being modified are shown):
9-80.020 - Definitions of Specialized Terms and Phrases

B. Definitions, "B."
Barn. An accessory, non-habitable structure for the purpose of agriculture and animal husbandry/keeping. Does not include workshops or the storage of automobiles or recreational vehicles (see “Accessory Residential Uses and Structures”).

56 ATTACHMENT A
ZS20230005 PC Staff Report (mg)
17 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-2023-0005

Project Location - Specific: Citywide

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

Description of Nature, Purpose, and Beneficiaries of Project: Z-S-2023-0005 is a project to amend portions of Title 9 of the Simi Valley Municipal Code to establish development standards and modify design guidelines for residential accessory structures.

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 [Public Resources Code S ec. 21080(b)(1); 14 Cal. Code Regs.

Sec. 15268];
Declared Emergency [Public Resources Sec. 21080(b)(3); 14 Cal. Code Regs. Sec. 15269(a)];
Emergency Project [Public Resources Sec. 21080(b)(4); 14 Cal. Code Regs. Sec. 15269(b)(c)];
Categorical Exemption. State type and section number 15301 “Existing Facilities”
Statutory Exemption. St ate code number
Common Sense Exemption [14 Cal. Code Regs. Sec. 15061(b)(3)]

Text of exemption and reasons why project is exempt:

The proposed amendments are exempt from review under the California Environmental Quality Act (CEQA; California Public Resources Code Section 2100, et seq.) and CEQA regulations (Title 14, California Code of Regulations Section 15000, et seq.) pursuant to CEQA Guideli nes Section 15301 (“Existing Facilities”) and Section 15061(b) (3) (“Common Sense Exemption” ), and that none of the exceptions to the categorical exemptions contained in CEQA Guidelines Section 15300.2 are applicable to the project.

Section 15301, titled “Existing Facilities,” states that: “Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures , facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination […] the key consideration is whether the project involves negligible or no expansion of an existing use.”

57 ZS20230005 PC Staff Report (mg)
18 The proposed amendments to the Development Code will allow minor alterations of existing private structures when in co mpliance with the proposed standards and design policy changes. The amendments will not involve a substantial expansion of the existing residential uses. Therefore, th e project is exempt from CEQA pursuant to Section 15301 of the State CEQA Guidelines.

Additionally, Section 15061(b)(3) states that: “A project is exempt from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.”

The proposed amendments to the Dev elopment Code establish development standards and modify policies for residential accessory structures. Establishment of these standards will not create a significant impact on the environment. Therefore, the project is exempt from CEQA pursuan t to Section 15061(b) (3) of the State CEQA Guidelines.

Lead Agency
Contact Person: Alexandra Clingman Area Code/Telephone: (805) 583-6772

Signature: _________________ Date: 12/6/2023 Title: Associate Planner

Signed by Lead Agency
Date received for filing at OPR:

Signed by Applicant

58 ATTACHMENT B
Proposed Simi Valley Residential Design Guidelines for Accessory Structures
ZS20230005 PC Staff Report (mg)
19 Simi Valley Residential Design Guidelines
for Accessory Structures

To ensure consistency with the Simi Valley Residential Design Guidelines, the following has been established for residential accessory structures:

1. Accessory detached structures* 500 square feet or less, including garages, carports, gazebos, utility or storage buildings, and workshops, shall match a minimum of one primary color to the primary structure.

2. Accessory detached structures* over 500 square feet and/ or over 12 feet in height, shall be architecturally compatible with the primary structure through the use of:

i. One primary color and material from the primary structure, such as stucco, wood, brick, or stone. Except in animal overlay zones or on properties over one-acre.
ii. A roof that includes the use of roof overhangs (eaves) or as determined by the Environmental Services Director.
iii. Roof materials and colors to match the primary structure. Except in animal overlay zones or on properties over one-acre.

3. Prefabricated and/or metal accessory structures are acceptable and shall comply with setbacks, height, and lot coverage requirements of SVMC Sections 9-24 and 9-30, design guidelines 1 and 2 above, and the California Building Code (refer to Exhibit 1).

4. Accessory structures are to remain subordinate to the primary residential structure.

Therefore, an accessory structure is limited in size to a maximum of 30 percent of the primary structure or 1,200 square feet, whichever is less, or as otherwise allowed per SVMC Section 9-44.220. More than one accessory structure is permitted, provided a six- foot separation is maintained between all on-site structures and no more than 40% of a required yard setback shall be covered by accessory structures.

5. Accessory residential structures* shall not be conditioned or habitable space. * Does not include Accessory Dwelling Units (ADUs), which are separately defined.

Note that canopies and tent structures are considered temporary in nature for which a Zoning Clearance is not issued. However, the structures are subject to the required property setback requirements for accessory structures and do not satisfy the requirement for covered parking.

It is important to check with your Homeowners’ Associat ion, if any, to ensure your proposal is in compliance with the Covenants, Conditions, and Restrictions (CC&Rs). In addition, your title will disclose any deed restrictions or easements, including but not limited to gas, water, sewer, electric, or access easements that have been recorded by the County Clerk and Recorder. The issuance of permits and/or approvals by the City does not relieve the permittee of any responsibilities for complying with the above requirements.

The Environmental Services Director has the authority to approve modifications to or include additional design standards to these Guidelines as regulatory and aesthetic best practices are available. 59 Proposed Simi Valley Residential Design Guidelines for Accessory Structures
ZS20230005 PC Staff Report (mg)
20 Exhibit -1 Examples Of Acceptable Metal Building Designs

60 Proposed Simi Valley Residential Design Guidelines for Accessory Structures
ZS20230005 PC Staff Report (mg)
21 Examples of Non-acceptable Accessory Structure Designs

61 ATTACHMENT C
Current Simi Valley Residential Design Guidelines for Accessory Structures
ZS20230005 PC Staff Report (mg)
22 Simi Valley Residential Design Guidelines
for Accessory Structures (Updated 8/18/2020)

To ensure consistency with the Simi Valley Residential Design Guidelines, the following has been established for residential accessory structures:

1. Accessory detached structures larger than 120 square feet, including garages, carports, gazebos, utility or storage buildings, guesthouses, and second dwelling units, should be architecturally compatible with the main house as follows:

a. The materials and colors of an accessory structure should be the same or coordinate with the main house, such as the compatible use of stucco, wood, brick, and stone;

b. The slope of the roof should be similar to the main house. However, the slope shall not be less than a 3:12 pitch; and

c. The roof materials and colors shall be the same as the main house.

2. Accessory structures are to remain subordinate to the main residential structure. Therefore, an accessory st ructure is to be limited in size to a maximum of 30 percent of the main st ructure or 1,200 square feet, whichever is less. However, more than one accessory structure is permitted provided a six-foot separation is maintained betw een all on-site structures and no more than 40% of a required yard setback shall be covered by accessory structures.

3. In Horse, Limited Animal, and Animal Overlay Zones, accessory structures for equestrian and other farm animals, such as barns and stables, may be constructed of materials that are appropr iate for such use including textured metal panels with metal trim, for the roof as well as the walls (refer to Exhibit 1). These types of equestrian buildings are architecturally more compatible with residential structures, which include the use of roof overhangs. Structures to be used primarily to house equestrian and other farm animals are limited to 2,000 square feet. Quonset Hut type metal buildings, which are generally more appropriate for agricultural and industrial applications, are not acceptable (refer to Exhibit 2).

Note that canopies and tent structures are considered temporary in nature for which a Zoning Clearance is not issued. However, the structures are subject to the required property setback requirements for accessory structures, and do not satisfy the requirement for covered parking.

It is important to check with your homeowners’ association, if any, to ensure your proposal is in compliance with the Covenants, Conditions, and Restrictions (CC&Rs). In addition, your title will disclose any deed restrictions or easements, including but not limited to gas, water, sewer, electric, or access easements that have been recorded by the County Clerk and Recorder. The issuance of permits and/or approvals by the City does not relieve the permittee of any responsibilities for complying with the above requirements.

62 Current Simi Valley Residential Design Guidelines for Accessory Structures
ZS20230005 PC Staff Report (mg)
23 Exhibit 1
Examples of acceptable residential structures used to house equestrian and other farm animals

63 Current Simi Valley Residential Design Guidelines for Accessory Structures
ZS20230005 PC Staff Report (mg)
24 Exhibit 2
Examples of unacceptable residential accessory structures

64 CITY OF SIMI VALLEY

MEMORANDUM

SUPPLEMENTAL
AGENDA ITEM NO.
11 .A. 2.

December 6, 2023
TO: Planning Commission
FROM: Sean Gibson, Deputy Environmental Services Director/City Planner SUBJECT: SUPPLEMENT TO PLANNING COMMISSION AGENDA ITEM 11.A.2., TO CONSIDER CITY-INITIATED MUNICIPAL CODE TEXT AMENDMENT (Z­ S-2023-0005), TO AMEND PORTIONS OF TITLE 9 OF THE SIMI VALLEY

MUNICIPAL CODE TO ESTABLISH DEVELOPMENT STANDARDS AND

MODIFY DESIGN GUIDELINES FOR RESIDENTIAL ACCESSORY
STRUCTURES; AND A DETERMINATION THAT THE AMENDMENTS

ARE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT
Subsequent to the preparation of the staff report, attached is the Development Review Summary for the November 9, 14, 16, and 21, 2023, Neighborhood Council Meetings. • The Executive Board of Neighborhood Council #1 heard the proposed amendments on November 9, 2023, and recommended approval by a vote of 7 Ayes: 3 Noes: 0 Abstentions. The audience vote was 2 Ayes: 0 Noes: 0 Abstentions.
• The Executive Board of Neighborhood Council #2 heard the proposed amendments on November 14, 2023, and recommended denial by a vote of 3 Ayes: 6 Noes: 0 Abstentions. The audience vote was O Ayes: 0 Noes: 1 Abstentions.
• The Executive Board o f Neighborhood Council #3 heard the proposed amendments on November 16, 2023, and recommended approval by a vote of 7 Ayes: 0 Noes: 0 Abstentions. The audience vote was 2 Ayes: 0 Noes: 0 Abstentions.
• The Executive Board of Neighborhood Council #4 heard the proposed amendments on November 21, 2023, and recommended approval by a vote of 9 Ayes: 1 Noes: 1 Abstentions. The audience vote was 1 Ayes: 0 Noes: 0 Abstentions.

All four Neighborhood Councils expressed their concerns regarding the allowance of multiple accessory structures, ADUs, and cargo containers on a single property. It was explained that currently, there is no limit to the number of accessory structures that can be built on a residential lot. However, the proposed ordinance aims to limit the number of S-1
ZS20230005 PC Staff Report Supplemental (mg)
65 accessory structures, 1,200 square feet or larger in size, to a maximum of two (2) per lot, inclusive of ADUs.

It was also explained that there are specific development standards in the SVMC for ADUs and cargo containers. These standards limit how many of these structures can be placed on a residential property. For example, only one detached ADU is allowed per lot, and only one cargo container is allowed on a lot of 20,000 square feet or greater. It is important to note that ADUs and cargo containers are separate from the proposed code and policy amendments and are subject to their own development standards.

Additional concerns were raised during the Neighborhood Council meetings pertaining to HOA regulations, painting pre-fabricated structures, and enforcement of non-compliant structures. Staff responses to these concerns are detailed in the attached Development Review Summary for the Neighborhood Councils.

Attachment:

Development Review Summary for Neighborhood Councils 1, 2, 3, and 4 for meetings of November 9, 14, 16, and 21, 2023
Seal ~ onmental
Services Director/City Planner
S-2
ZS20230005 PC Staff Report Supplemental (mg)
66 1
NC 1/12-23(dsf)
Development Review
Summary
November 2023
Neighborhood Council No(s): 1, 2, 3, 4
Project Description: City-initiated Municipal Code Text Amendment to establish development standards and modify the
design guidelines and size limitations for residential
accessory structures
Case Planner: Alexandra Clingman
Motion: Recommend that the Planning Commission establish development standards and modify the design guidelines and size limitations for residential accessory structures Nei
ghborhood Council #1
Meeting Date: November 9, 2023
Executive Board vote: 7 Ayes; 3 Noes; 0 Abstentions
Audience vote: 2 Ayes; 0 Noes; 0 Abstentions
Unincorporated Area vote: 0 Ayes; 0 Noes; 0 Abstentions Neighborhood Council #2
Meeting Date: November 14, 2023
Executive Board vote: 3 Ayes; 6 Noes; 0 Abstentions
Audience vote: 0 Ayes; 0 Noes; 1 Abstentions
Unincorporated Area vote: 0 Ayes; 0 Noes; 0 Abstentions Neighborhood Council #3
Meeting Date: November 16, 2023
Executive Board vote: 7 Ayes; 0 Noes; 0 Abstentions
Audience vote: 2 Ayes; 0 Noes; 0 Abstentions
Unincorporated Area vote: 0 Ayes; 0 Noes; 0 Abstentions Neighborhood Council #4
Meeting Date: November 21, 2023
Executive Board vote: 9 Ayes; 1 Noes; 1 Abstentions
Audience vote: 1 Ayes; 0 Noes; 0 Abstentions
Unincorporated Area vote: 0 Ayes; 0 Noes; 0 Abstentions 67 NEIGHBORHOOD COUNCILS DEVELOPMENT REVIEW SUMMARY
2 NC 1/12-23(dsf)
Questions-
Q-How do accessory structures work with Accessory Dwelling Units (ADUs)? A- The proposed changes are exclusively for accessory structures. ADUs have their own design requirements and size restrictions in the SVMC. They can be combined on one lot, with accessory structures (garages, carports, sheds) subject to SVMC lot coverage, setbacks, and distance requirements.

Q-Are the metal buildings that look like a carport in Exhibit 2 acceptable for Recreational Vehicles (RVs)?
A- These structures would not be acceptable because they do not provide roof eaves.

Q-What about the Home Owner Association (HOA) restrictions? A- Homeowners must adhere to their HOA regulations. The proposed changes would not supersede HOA rules.

Q-Since steel structures are pre-painted, must the homeowner incur additional costs by having to paint the structure to match the existing house? A- The Design Guidelines give staff the ability to interpret compatibility criteria. Certain pre-painted structures may be acceptable if compatible with the main home as determined by the Director.

Q-What percentage of residential properties are not covered by HOAs? A- We do not have an exact figure. The proposal would apply to all properties, but HOA regulations may be more restrictive.

Q-If this amendment passes, what about existing structures, will they be grandfathered in?
A- If they are permitted, they would become legal, non-conforming structures.

Q-How does this all fit in with cargo containers?
A- Cargo containers have their own design/screening requirements and size restrictions. They can be combined on one lot, with accessory structures, subject to SVMC lot coverage, setbacks, and distance requirements.

Q-Will the structures have electricity?
A- Yes, an electrical permit can be obtained for these structures. However, they cannot be ‘conditioned’ space which would make it a habitable structure.

Q-Who is asking for this text amendment?
A- Typically, residents in a non-animal overlay zone who want to use metal as a material and residents who are in an animal overlay zone and want a larger structure such as a garage.

68 NEIGHBORHOOD COUNCILS DEVELOPMENT REVIEW SUMMARY
3 NC 1/12-23(dsf)
Q-Are the 7x7 structures one can buy at Costco allowed? A- Yes. A building permit is required for structures over 120 sq. ft.

Q-How many properties in the City fall in the overlay zone? A- About 5-10 percent of the properties within the City.

Q-How will this all be controlled if people go over the limit? A- A formal complaint would need to be filed with the Code Enforcement Section.

Q-Is there a limit on the lot size?
A- There is no lot size limit for accessory structures.

Q-Will this have anything to do with hardscape?
A- The building code will require a pad if the structure is 120 square feet or larger.

Q-Will there be height restrictions?
A- The maximum allowed height of an accessory structure is 18 feet. This restriction is not changing.

Q-If you currently have a cargo container on a lot, can you have an accessory structure too?
A- Yes, if your lot is 20,000 square feet and the container complies with the SVMC standards.

Q-Do current regulations require temporary structures 120 square feet and larger to match per the Design Guidelines?
A- Yes. Current policy requires structures 120 sq. ft. or more to match the color, materials, and roof pitch to the main home. The proposed updates make this less restrictive.

Q-Can a property that is under one acre have two structures? A- Yes. Subject to the SVMC development standards, i.e., setbacks, distance, and lot coverage.

Q-What is the setback between structures for ADUs?
A- It is six feet between structures.

Q-Do eves need to be boxed?
A- The building code regulations will apply.

Q-Why the reason for the proposed change?
A- The changes are in response to the community’s concerns regarding the current size and material limitations on accessory structures. The changes will allow metal to be used on any accessory structure, not only barns. 69 NEIGHBORHOOD COUNCILS DEVELOPMENT REVIEW SUMMARY
4 NC 1/12-23(dsf)
Comments-

1. The development overview was confusing when it talked about non-habitable accessory structures vs. accessory dwelling units (ADUs).

2. Matching metal structures to primary houses will be difficult.

3. Some of the metal structures can look nice and be architecturally compatible with the main home.
70 CITY OF SIMI VALLEY

MEMORANDUM

SUPPLEMENTAL
AGENDA ITEM NO.

11.A.2 .

December 6, 2023
TO: Planning Commission
FROM: Sean Gibson, Deputy Environmental Services Director/City Planner SUBJECT: SECOND SUPPLEMENT TO PLANNING COMMISSION AGENDA ITEM

11.A.2., TO CONSIDER C ITY-INITIATED MUNICIPAL CODE TEXT AMENDMENT (Z-S-2023-0005), TO AMEND PORTIONS OF TITLE 9 OF

THE SIMI VALLEY MUNICIPAL CODE TO ESTABLISH DEVELOPMENT

STANDARDS AND MODIFY DESIGN GUIDELINES FOR RESIDENTIAL
ACCESSORY STRUCTURES; AND A DETERMINATION THAT THE

AMENDMENTS ARE EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Subsequent to the preparation of the staff report for the above referred item, staff received the attached correspondence.

Attachments:

Fax from Ginn Doose dated December 1, 2023
Email from Teresa Jordan dated December 6, 2023
L_~
Sean Gibson, Deputy Environmental
Services Director/City Planner
S-1
ZS20230005 PC Staff Report Supplemental 2 (mg)
71 kA,fW, Yos-
"offA aQusz
,9Es^ 7 q 4t
tsos- {z<e -
2+ 7q\
December 1,2023
To; City of Sinri Valley, Planning Commissioners, Public Hezuing schsduled for December 6,2A23; Agenda Item 1l(eleven) A.Z .

Re; Amend Portions of Title nine (9) of Simi Valley Multiple Code to estabiish D*e"ygl-op:nent Standards, arrd modifl' design guidelines for Residential Accessory Strucflre's, lean'- tos', car por1s, animal enclosure (barn's), tool sheds; these policy largely do not effrct Accessory Dwelling Units (ADU's), or join Accessory Unites- habituai live in structures.

What type of amendments are you talkilrg about? I am in "opposition" to any amend- ment that have violated my Alta California Title Insurance policy -110, FifSt; My name is; Virginia M. Doose , I wasn't notified of the any of the previous Ciq-- of Simi Valley Plaruring Commissioners, Public Hearing. Be advised you are in violation of my Grarrt Deed and April t], L994 Reconveyance Order issued by the RTC & FDIC as Banlarrptcy Trustee's for Santa Barbara Savings & Loan.

Second; Allowing the multiple illegal addition of "shan'ty housing" on my propert-r* is in violation of the previously adopted horse propsrry ordnance. Which states; one dwell- ing, and two horses per half acre, to include medirrrn size farm a-uimals, goats, chicken. allowed for rural country settings.

Third; Tract "F", Section Six (6| has a Lis Pendenu filed srnce June oi 1992. on m1'AIta California Estate f.or "damages to home and proper6r' from; the illegal dumping (l l) eieven feet soil by previous developer in F€lvlA Flood Plain, causing \\'ater damage to footing of rny home, and differential setturg to occur- that hasn't been removed- fb.e damages to home and property has been blocked illegalll' from a Court of La*' tbr or-er 30 years now, Orders issued still need to be address.

Ep!$b and; most importantly thea
1-rhe
ocrober 15,1922srnd Water Agreement.recor<ledNovember E- 194J- Fglls under Book 710, Pages 299 and the signanrre page 230,the patent was in i 865 to keep AJta California from beirrg piece meal. Sirnple said to STOP the fraudulent taking of Land and Water Rigftts! P/ |-L
72 \
Cify of Simi Valley, Planning Conrmissioners you are in violation of repeating the sarle ongoing fraud regarcling the Alta CalifomiaLand Grant Patent in place since 1865.

You need to "Stop" tire December 6, 2023; Agenda Item i 1(eleven) A.Z, place it on hold. You are in violation of my Alta California Estate, address, Street, Simi Va. Ca. 93063, No maner how many times illegal transfer of propert;'takes place ,.. it never makes it legal!
Hiffh,; This Amend Portions of Title nine (9) of Sinri Valley Multiple Code ro establish Developnrent Standards, and rnodify design guidelines for Residential Accessory Structure's. Public Hearing scheduled for December 6, 2023; Agenda Item I l(eleven) A.Z.

Seenrs to be tied together with the most recent, letting go of the City of Simi Vallel' in House Counsel, at the afterhours / back door hiring of the Burk La'*'Fimr-under the constructional wording; the City will have the Right to terminate the Burks law Firm if they wish to, and return to ttre in House Counsel.

I feel what I'm hearing is-we'll bring someone in to do the dirry w-ork, then retum to our usual, sfyle of business as usual. I believe that is why the Dec. 29, lg$ "Indertture" \ 'as ordered, in an attempt to keepthe Land and Water from being lost in illegal jargon.

Sincerely,
t\
Ginn Doose,
P.S. I can still be contacted at;
€
tlz 'c,b?
73 Simi Valley, CA 93063
December 6, 2023

Simi Valley Planning Commission
Simi Valley City Hall
2929 Tapo Canyon Road
Simi Valley, CA 93063

Re: Agenda Item No. 11.A.2(A Public Hearing to Consider City-Initiated Municipal Code Text Amendment
(Z-S-2023-0005), to Amend Portions of Title 9 of the
Simi Valley Municipal Code to Establish Development
Standards and Modify Design Guidelines for Residential
Accessory Structures; and a Determination that the
Amendments are Exempt from
the California Environmental
Quality ACT).

Dear Members of the Commission:

I am in opposition to the aforementioned Agenda Item for the following reasons.

#1 - On Page 2 of the Staff Report, under NEIGHBORHOOD
COUNCIL, it is stated “The proposed code amendment
was heard by the Executive Boards of Neighborhood
Council #1 on November 9, 2023; Neighborhood Council
#2 on November 14, 2023; Neighborhood Council #3 on
November 16, 2023; and Neighborhood Council #4 on
November 21, 2023. As the meetings concluded after
the preparation of this Staff Report, a summary of
the meeting will be provided as a supplemental Staff
Report prior to the public hearing.”!

Members of the public and you have a right to know
what the Neighborhood Councils’ Executive Boards’
discussions were in a timely manner. “A summary of
the meeting will be provided as a supplemental Staff
Report prior to the public hearing” is not timely!

On Monday, December 4, 2023, during the City Council
meeting’s Agenda Item No. 5A(continued public
hearing to consider City-initiated Municipal Code

74 2
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, and rear yard vehicle access gates
and screening, CEQA exemption, and Ordinance), City
Councilwoman Barbra Williamson(former) brought up
property rights! Former Councilwoman Williamson
stated she believes in the property rights of the
people whose lives will be affected by the proposed
changes! Also, she was concerned the Neighborhood
Councils were not contacted! She stated “We need to
hear from the residents of our community”!

#2 - It is stated in Section 1.1.b, on Pages 4, and 5 of the Staff Report, under FINDINGS, that “The size
limit can only be increased with a discretionary
review and approval by the Deputy Environmental
Services Director/City Planner and/or Planning
Commission”.! Delete “/or”!

#3 - It is stated on Page 1 of the Staff Report, under
BACKGROUND and OVERVIEW, first paragraph, last
sentence, that “These policies largely do not affect
accessory dwelling units and junior accessory
dwelliing units”.!

#4 - The Planning Commission’s December 6, 2023 Agenda
does not include information regarding to whom
emailed comments may be submitted. The City
Council meetings’ Agendas specify this crucial
public participation information. Sadly, this
vital information is also not noted under the web
page “Government” >> “Public Meetings” >>
“Planning Commission Meetings”! Thank you.

Sincerely,

Teresa Jordan
75