SecondreadingOrd1353(klk)
CITY OF SIMI VALLEY
MEMORANDUM
A
pril 15, 2024
TO
: City Council
F
ROM: Department of Environmental Services
S
UBJECT: SECOND READING OF ORDINANCE NO. 135 5 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
STAFF RECOMMENDATION
I
t is recommended that Ordinance No. 1355 be adopted.
BACKGROUND
T
he attached Ordinance No. 1355 was introduced for first reading at the City Council meeting of March 18, 2024, without modifications.
SUGGESTED CITY COUNCIL MOTION
I
move to adopt Ordinance No. 1355.
___
_______________________________
Stratis Perros
Environmental Services Director
P
repared by: Alexandra Clingman, Associate Planner
I
NDEX Page
O
rdinance No. 1355 ............................................................................. 2 AGENDA ITEM NO.
8A
ZS20230005AccessoryStructuresCCmtg3-18-24(klk)
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 15th day of April, 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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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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*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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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”
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