Staff Report — Simi Valley City Council, June 24, 2024 (part 1 of 2)

ZS20220005SPS20230002PDS20220015CCmtg6-24-24(klk)
CITY

OF SIMI VALLEY

MEMORANDUM
June 24,
2024
TO: City
Council
FRO
M: Department of Environmental Services
SUBJE
CT: A PUBLIC HEARING TO CONSIDER A REQUEST FROM ADRIAN
STERN, FOR A ZONE CHANGE (Z -S-2022-0005), SPECIFIC PLAN AMENDMENT (SP-S- 2023-0002), PLANNED DEVELOPMENT PERMIT (PD-S-2022-0015), AFFORDABLE HOUSING AGREEMENT ( AHA-2023- 0001) AND A LOAN AGREEMENT, TO CHANGE THE ZONING

DESIGNATION FROM COMMERCIAL OFFICE -ARROYO SIMI

GREENWAY SPECIFIC PLAN (CO)(SP) TO RESIDENTIAL VERY HIGH

DENSITY (RVH), MODIFY THE ARROYO SIMI GREENWAY SPECIFIC PLAN, AND CONSTRUCT A 66 UNIT, FOUR-STORY MULTI-FAMILY

RESIDENTIAL BUILDING WITH FIVE AFFORDABLE UNITS, IN

EXCHANGE FOR DENSITY BONUS AND DEVELOPMENT INCENTIVES,
LOCATED AT 157 5 ERRINGER ROAD; A DETERMINATION THAT THE

PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT AND APPROVAL OF A SUPPLEMENTAL BUDGET
REQUEST; AND INTRODUCTION OF ORDINANCES AND ADOPTION

OF RESOLUTIONS

RECOMMENDATION

1. The
Planning Commission recommends the City Council introduce Ordinance No. 1357 (page 16) approving Zone Change No. Z-S-2022-0005; introduce Ordinance No. 1358 (page 21) approving Specific Plan Amendment No. SP -S-2023-0002; adopt Resolution No. 2024-27 (page 26) approving Planned Development Permit No. PD-S-2022-0015, and a determination the project is exempt from the California Environmental Quality Act;

2. Adopt
Resolution No. 2024- 28 (page 45) approving the Affordable Housing Agreement (AHA-2023-0001); and

3. Approv
e a Supplemental Budget Request for a loan to the Developer in the amount of $500,000 from the Successor Housing Agency Fund as detailed in AHA-2023- 0001.

BACKGROUND AND OVERVIEW
The A
pplicant, Adrian Stern, requests approval to construct a 66 -unit apartment building on a 1.65-acre site located at 1575 Erringer Road. A 0.19- acre portion of the project site is a City -owned parcel that is proposed to be transferred to the AGENDA ITEM NO.

5B
ZS20220005SPS20230002PDS20220015CCmtg6-24-24(klk)
applicant under a separate agenda item. The project actions include a Planned Development Permit to develop the site, which is zoned Residential Very High Density (RVH); a Zone Change to change the zoning of the City -owned property from Commercial Office -Arroyo Simi Greenway Specific Plan (CO)(SP) to RVH ; a Specific Plan Amendment to remove the 0.19-acre City-owned property from the Arroyo Simi Greenway Specific Plan ; and an Affordable Housing Agreement to provide five (5) affordable units for a 55-year term in exchange for a density bonus, one (1) concession, and five (5) waivers pursuant to State Density Bonus Law and providing a $500,000 bridge loan.

O
n May 8, 2024, the Planning Commission held a public hearing and recommended that the City Council approve the Specific Plan Amendment, Zone Change, and Planned Development Permit by a 3- 1 vote. On May 30, 2024, the Affordable Housing Subcommittee (Subcommittee) considered a loan request from the Applicant, and recommended that the City Council approve an Affordable Housing Agreement with a Loan Agreement (together as the AHA). The A HA requires the Applicant to set aside five affordable housing units, and to write-down tenant rents for one of the existing income-restricted affordable units from Very Low -Income (50% of the Area Median Income - AMI) to Extremely Low-Income (30% of AMI), in exchange for City’s land and a $500,000 bridge loan from the City ’s Successor Housing Agency Fund to help finance the construction and stabilization of the Project. Refer to Exhibit 3 for the Affordable Housing Subcommittee Staff Report and Draft Minutes related to this request.

T
o facilitate the development of the proposed apartment project, the developer requested the City transfer a 0.19 acre City-owned property to the project site (Figure 1). Once the City-owned property is acquired, the applicant will record a Lot Line Adjustment to separate the site from the previously -approved “Churchill” apartment site to the west.

Obtaining the City-owned property will improve site circulation with vehicle entrances at both the north and south ends of the property, as wel l as additional outdoor amenities such as the dog-park and bocce ball court. Under the proposed land transaction with the City, the applicant will provide two additional affordable units to be added to the three affordable units needed to qualify for the project’s density bonus and incentives. 2 ZS20220005SPS20230002PDS20220015CCmtg6-24-24(klk)
Figure 1 – Site Area Map

FINDINGS AND ALTERNATIVES
T
he project requests are further described below:

Planned Development Permit
T
he proposed project consists of a four -story, 66-unit (89,612 square feet) building on a

1.65 acre-project site. The rectangular shaped building is situated adjacent to Erringer Road with a driveway surrounding the building (Figure 2). The building will include 59 one-bedroom units ranging in size between 800 and 890 square feet and 7 two-bedroom units ranging in size between 1,018 and 1,255 square feet. Parking will include secured surface and tuck under building parking for tenants and surface parking outside the secured gate for guests. An interior courtyard provides open space for the residents and includes amenities such as a spa, outdoor kitchen and outdoor lounge area with a fireplace. Additional amenities will include a media room, community room, fitness center, work space and common areas. Outdoor amenities include a dog-park and a bocce ball court.
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Figure 2 – Site Plan
T
he project’s building design follows a modern contemporary architectural design and includes stucco, fiber cement composite siding, metal flat roofs, metal awnings, vinyl windows, and metal railings (Figure 3). The building massing is modulated with horizontal and vertical articulation with varied parapet heights and furred out portions of the building walls above the first floor. The east façade will have balconies on the second and third floors for resident use, adding additional articulation and interest to the building. The first floor projects out from the face of the building’s upper floors and maintains a 20-foot front yard setback, giving the building a pedestrian scale presence on Erringer Road. The second, third, and fourth story component of the building is setback 40 feet 6 inches from Erringer Road. The additional setback for the second to fourth story reduces the building massing as experienced from the public right of way for both pedestrians and vehicles traveling along Erringer Road.
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Figure 3: Architectural Rendering
R
efer to Exhibit 2 for the Planning Commission Staff Report with additional project details, Resolution with findings for approval and reduced project exhibits.

Zone Change
T
he project site is divided between two parcels. The primary 4.57 acre parcel is zoned Residential Very High Density (RVH), while the City-owned parcel is zoned Commercial Office-Arroyo Simi Greenway Specific Plan (CO)(SP). The requested zone change will change the zoning for the City-owned property from CO(SP) to RVH to match the primary parcel in order to accommodate the project (Zone Change Ordinance 1357, Exhibit B).

Upon project approval, the 1.46-acre site and the 0.19- acre lot will become a single lot with a Lot Line Adjustment.

Specific Plan Amendment
C
oncurrent with the Zone Change, a Specific Plan Amendment is proposed to remove the City-owned parcel from the boundaries of the Arroyo Simi Greenway Specific Plan .

The Specific Plan describes the effort to revitalize the existing pathway along the top of the Arroyo Simi into a Greenway for multi -modal recreational transportation with connections to existing and new parks, schools, trails, and other community amenities.

Since the Specific Plan focuses on improvements on public property, removing this site from the Specific Plan’s regulation is appropriate since it is being conveyed to private ownership. The site is currently designated as a rest area along the trailhead with benches, trash cans, and low rock walls. Removing the rest area will not significantly alter the trailhead at this location. The Rancho Simi Recreation and Park District (RSRPD), wh ich has a role in constructing and maintaining the improvements, is in concurrence that the rest area improvements at this location are not necessary and can be removed from the Specific Plan.
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(The currently adopted Specific Plan can be found at
https://www.simivalley.org/departments/environmental-services/planning- division/documents-applications-and-development-activity/specific-plans). Refer to Specific Plan Amendment Ordinance Exhibit B which identifies the modifications to the Specific Plan document.

Affordable Housing Agreement (AHA)
T
he Affordable Housing Agreement AHA -2023-0001 (page 48) will deed restrict five (5) affordable units to be set -aside for qualified Extremely Low -, Very Low -, and Lower - Income renters in exchange for the 0.19 acre City-owned property, 13% density bonus (total 8 units), one development concession, and five development waivers (pursuant to the State Density Bonus Law to overcome site constraints), and gap financing assistance in the form of a bridge loan from the City . If approved, the AHA would write-down the tenant rents for one deed-restricted unit from the Very Low-Income level at 50% of the AMI to the Extremely Low -Income level at 30% of the AMI. Providing developers with incentives such as development subsidies and land grants is a common practice for all levels of government to create housing opportunities for any mixed-income communities.

Additionally, it is rare for a non- permanent supportive housing development to include any 30% AMI units. The rent loss associated with deeper affordability such as households at 30% of the AMI often prohibits these units from being built outside of permanent supportive developments that are largely subsidized with state and federal funds for individuals exiting homelessness.

Density Bonus and Incentives - Concession/Waivers Request T
he Applicant is invoking the State Density Bonus Law to set aside five (5) affordable units. This provides the project a density bonus increase, modified parking requirements, one concession, and multiple waivers as long as the waivers do not impose a life or safety hazard. Refer to the Applicant’s letter “Density Bonus Application – The Ridge, a portion thereof 1850 Heywood Street, Simi Valley, CA”, dated April 25, 2024 (Exhibit 1) for their explanation of the requested incentive and waivers. In general, denial of a concession or waiver requires a finding that the concession or waiver, if not granted, would have a “specific, adverse impact” on health, safety, or the physical environment, and for which there is no mitigation (a “Safety Impact”). Denial by the City of any of the concessions or waivers would require either specific written findings, or alternatively, under the definition of waivers, it would be necessary to find that the granting of the waiver is not required because the waiver in question does not “physically preclude” the construction of the Project.

T
he California Density Bonus Law is codified at Government Code Section 65915 and allows developers to increase the maximum allowed residential density permitted by the Simi Valley Municipal Code ( SVMC). The RVH zone allows a density of 20.1 to 35 dwelling units per acre. The site area is 1.46 acres plus the 0.19- acre City -owned property. The combined lot area for the project is 1.65 acres which allows a base density of 58 units. By invoking the Density Bonus Law, the Project is entitled to a density bonus increase of 20% or 12 dwelling units for a maximum of 70 dwelling units for the site, and 6 ZS20220005SPS20230002PDS20220015CCmtg6-24-24(klk)
in return, the project must set aside 5% of the base density or three affordable units at the Very Low -Income category. Considering development and budget constraints, t he Applicant has determined that the Project could ultimately accommodate a total of 66 dwelling units which is less than the maximum allowed and is therefore consistent with the zone density requirement (Table 1).

T
able 1 – Density Information
Density Number of Units
SVMC Maximum Allowed Density 58 dwelling units
Density Bonus Increase of 20% 12 additional dwelling units Maximum Allowed Number of Units 70 dwelling units allowed Proposed Number of Units 66 dwelling units proposed
Th
e Applicant further requested gap financing assistance from the City to help ensure fiscal viability of the Project. The gap financing assistance is a $500,000 bridge loan from the City’s Successor Housing Agency Fund. In return, the Applicant offers to write-down the tenant rents for one Very Low -Income unit to the Extremely Low -Income level, and allow all five affordable units to be floating with bedroom mix adjustable according to each household size (Table 2).

T
able 2: Income Limits by Household Sizes
Income
Categories One Person Two Person Three Person Four Person Extremely Low
30% of AMI $27,900 $31,900 $35,900 $39,850
Very Low
50% of AMI $46,500 $53,150 $59,800 $66,400
Lower
60% of AMI $55,800 $63,780 $71,760 $79,680
Rents
B
ased on current market conditions and Rent & Income Limits adjusted for Ventura County released by the U.S. Department of Housing and Urban Development (HUD), it is estimated at present value that writing -down of tenant rents to 30% of AMI will create a deficit of approximately $5,411,982 in rents collected over a term of 55 years. Table 3 demonstrates the difference in rents received (or rent loss), bet ween market rate rents and the deed restricted rents, with the general assumptions under HUD standards for a two-bedroom unit, household size of four people, and fixed 5% annual rent increases over an 18-year term and a 55-year term.
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T
able 3: Rents Outlook (for a four-person household)
Rent
Categories
Monthly
Rents*
Total
Rents
Received
Per Unit
Over 55
Years
Market Rate
Rent Loss
Per Unit
(Deficit)
Total Rent Loss
(The Ridge)
1 unit @ 30% AMI
3 units @ 50% AMI
1 unit @ 60% AMI
Market Rate $2,650 $8,672,261 - -
30% of AMI
(Extremely Low)
$996** $3,260,279 ($5,411,982) ($5,411,982)
50% of AMI
(Very Low)
$1,660** $5,432,435 ($3,239,826) ($9,719,478)
60% of AMI
(Lower)
$1,992** $6,518,922 ($2,153,339) ($2,153,339)
TOTAL: ($17,284,799)
* H UD standard for a household of 4-people
** Subsidized Rents for 55-year term
Conditions: Project offers 1 & 2 bedroom units – based on 2023 Rent and Income Limits T
he initial tenant rents, not including applicable utility allowances for each AHU in the Project, shall be determined subsequent to the AHU receiving its Certificate of Occupancy, consistent with 30% of the qualifying households’ income at the time of the initial lease signing. Based on the current HUD Area Median Income (AMI) for Vent ura County for very low-income (50% AMI), the current maximum rents for families of various sizes are identified below in Table 4.

T
able 4 – Maximum AHU Rents based on AMI Thresholds by Household Size A
ccording to the recent Ventura County Civic Alliance’s State of the Region report, a snapshot in July 2023 shows that the vacancy rate for rental apartments was at 3%, which is extraordinarily low. The average rent for a two-bedroom apartment in Ventura County was $2,738, an increase of more than $500 from the average rent three years earlier, and above HUD’s recently estimated fair market rent standard for the region in Table 5. To afford that apartment using the traditional HUD guideline that rent should not exceed 30% of income, a family would need to make more than $109,000 per year. To maintain the balance of affordability and to allow the Developer to keep pace with its ongoing operating costs, rents may be increased by a maximum of 5% on July 1 of each year provided the increases do not exceed the maximum rent limits established by the AMI for Ventura County published by HUD. Table 5 – Summary of Proposed AHU and Current Market Rents (per HUD)
Household Size Maximum Gross
Annual Income
Maximum Gross
Monthly Income
Maximum Month
Rent
One $49,250 $4,104 $1,231
Two $56,300 $4,691 $1,407
Three $63,350 $5,279 $1,583
Four $70,350 $5,862 $1,758
Five $76,000 $6,333 $1,900
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# of Bedrooms Unit Quantity
(Units)
Unit Sizes (sq. ft.) Estimated Average Ventura
County Rent as of April 1, 2024
(Source: HUD)
One 2 800-810 $2,200
Two 3 1,022-1,463 $2,650
Regional Housing Needs Assessment (RHNA)
T
he 2021-2029 RHNA begun October 15, 2021. While the City is not obligated to build housing, it must adopt land use policies and implement them in a manner that allows feasible opportunities to build housing units that meet the identified RHNA needs. The City’s RHNA allocation for the current cycle is 2,793 housing units at various income levels. Table 6 details the City’s allocations by income level, projected development, the impacts of this proposed development, and the remaining unmet allocation. If the Project is approved and built, the City would take credit for one (1) RHNA allocation in the Extremely Low -Income category, three ( 3) RHNA allocations in the Very -Low Income category, one (1) RHNA allocation in the Lower -Income category, and the remaining 61 units could satisfy the Moderate- Income allocations as the site is located within Low/Moderate Income Area published by the United States Census Bureau.

T
able 6 – RHNA Allocation Summary
Housing
Units
Extremely
Low
(<30%
AMI)
Very
Low (31-
50%
AMI)
Lower
(51-80%
AMI)
Moderate
(81-120%
AMI)
Above
Moderate
(>120%
AMI)
Total
Potential
Housing
Units
RHNA
Allocation 374 375 493 518 1,033 2,793
Pipeline
Projects &
Projected ADUs
0 68 307 326 956 1,657
Santa Susana
GRF2,LLC 0 14 0 0 77 91
Heywood Street
Associates, LLC
(The Churchill)
1 4 0 86 0 91
1850 HSA, LLC
(The Ridge) 1 3 1 61 0 66
Remaining
Unmet
Allocation
372 286 185 45 0 888
Successor Housing Agency Fund
P
ursuant to California Health and Safety Code Section 34176.1, the City of Simi Valley Successor Housing Agency (SHA) is obligated to meet its obligations to expend all Excess Surplus funds in its Low and Moderate Income Housing Asset Fund. The State statute defines Excess Surplus as unencumbered funds exceeding one million dollars or the aggregate amount deposited into the fund over the preceding four fiscal years, 9 ZS20220005SPS20230002PDS20220015CCmtg6-24-24(klk)
whichever is greater. Furthermore, SHA expenditures are limited to the development of affordable housing rental units, administrative costs of monitoring the SHA assets, and homeless prevention.

A
s of June 30, 2023, the SHA excess surplus required to be spent and/or committed by June 30, 2024, was $1,380,160. Tables 7 and 8 details how the proposed loans for the Churchill Apartment Project (considered later on this agenda) and the Ridge Apartment Project will affect the Excess Surplus and/or assist with preventing the accumulation of an additional surplus at the end of FY 2023-24. It should be noted that a surplus creates time constraints on pairing rental projects with available funding that meets the requirements of the SHA. Additionally, developers rarely propose the inclusion of 30% AMI units outside of permanent supportive housing (PSH) projects, which are reserved for homeless individuals requiring case management services. To be able to secure a 30% AMI unit outside of a PSH project creates an opportunity for an individual on a fixed income without a Section 8 Housing Choice Voucher to secure affordable housing.

T
able 7: Overview of Excess Surplus
Table 8: Projected FY 2023-24 Ending Fund Balance/Excess Surplus FY 2023-24 YTD Beginning Fund Balance $5,133,983
Add: FY 2023-24 YTD Revenues $728,809
Less: FY 2023-24 Projected Expenditures ($692,576)
Less: Churchill Apartment Loan ($1,000,000)
Less: Ridge Apartment Loan ($500,000)
Projected FY 2023-24 Ending Fund Balance $3,670,216
Less: 4-year Aggregate of Deposits ($3,028,302)
Projected FY 2023-24 Excess Surplus
(Expenditure Deadline 6/30/27)
$641,914
Bridge Loan
A
ccording to the Applicant, the total Project cost for The Ridge Apartment complex is estimated at $25 million, which is approximately $379,000 per unit or approximately $2 FY 2020-21 Surplus (Expenditure Deadline 6/30/24) $2,461,945 Less: FY 2021-22 Expenditures ($597,057)
Less: FY 2022-23 Expenditures ($484,728)
FY 2020-21 Surplus Balance $1,380,160
Less: Proposed Churchill Apartment Loan ($1,000,000)
Less: Estimated FY 2023-24 Expenditures ($692,576)
Add: FY 2021-22 Surplus (Expenditure Deadline (6/30/25) $141,513 Add: FY 2022-23 Surplus (Expenditure Deadline (6/30/26) $204,187 Aggregate Surplus Balance $33,284
Less: Proposed Ridge Apartment Loan ($500,000)
Net Impact to FY 2023-24 Surplus (Expenditure Deadline 6/30/27) ($466,716) 10 ZS20220005SPS20230002PDS20220015CCmtg6-24-24(klk)
million for the five affordable units. The Applicant has submitted an Amortized Loan Repayment Schedule and Project Milestones to the City in support of their request for a $500,000 bridge loan in exchange to add deeper affordability as mentioned in the above AHA discussion. The bridge loan is intended to provide construction and project stabilization financing for five (5) floating affordable units, with one (1) floating unit to be occupied by a qualified extremely low -income household, three (3) floating units to be occupied by qualified very low-income households, one (1) floating unit to be occupied by a qualified low-income household, and the bedroom mix shall be adjustable according to each household size. Refer to Exhibit B of the Affordable Housing Agreement Resolution for the Loan Agreement.

In
contrast to a standard AHA with a City permanent loan incentive for a term of 55 years, the term of the bridge loan would be 18 years. The bridge loan shall accrue 3% annual (simple) interest, prorated at $166,523.80 over the 18- year term, with interest -only payments during the initial 3 years (the construction phase - estimated at 3 years), and principal plus interest repayment beginning in year 4 until the bridge loan is repaid in full (the project stabilization phase - estimated at 15 years).

The
City’s bridge loan would be recorded as a subordinate lien on the project. All principal repayments and interests accrued shall be deposited into the Successor Housing Agency Fund for future housing program uses. The Applicant has requested that the City release the funds at the time a zoning clearance is issued, tentatively April 1, 2025. However, the funds will be encumbered upon loan approval to allow for the City to show progress in the SHA’s efforts to assist in producing housing. Approval of the supplemental budget request to increase Account 2019320-4 4140 within the SHA Fund by $500,000 will allow for the funds to be encumbered this fiscal year. . Refer to Exhibit 3 for the Affordable Housing Subcommittee Staff Report and Draft Minutes related to this request.

T
he findings and supporting evidence for approval of Z-S-2022-0005, SP-S-2023-0002, and PD-S-2022-0015 are provided in Exhibit 2 and incorporated herein by reference.

T
he project’s environmental impacts were reviewed under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq ., the “CEQA Guidelines”). The Project is categorically exempt from additional environmental review pursuant to CEQA Guidelines §§ 15332 as a Class 32 categorical exemption (Infill Development).

The project site is less than five acres and substantially surrounded by urban uses and has no value as habitat for endangered, rare or threatened species. The project will not result in any significant effects related to traffic, noise, air quality or water quality, and is adequately served by all required utilities and public ser vices. Based on this determination and pursuant to Section 15062, a Notice of Exemption has been prepared (Attachment A, page 109).

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The following alternatives are available to the City Council:

1. I
ntroduce Ordinance No. 1357 approving the Zone Change No. Z -S-2022-0005; and a determination the project is exempt from the California Environmental Quality Act;

2. I
ntroduce Ordinance No. 1358 approving the Specific Plan Amendment No. SP-S- 2023-0002; and a determination the project i s exempt from the California Environmental Quality Act;

3. A
dopt Resolution No. 2024-27 approving Planned Development Permit No. PD-S- 2022-0015; and a determination the project is exempt from the California Environmental Quality Act;

4. A
dopt Resolution No. 2024-28 approving the Affordable Housing Agreement (AHA 2023-0001) and approve the supplemental budget request for Fund 201;

5. D
o not approve the project;

6. P
rovide Staff with other direction.

The Planning Commission recommends Alternative No. 1 , 2, and 3. Staff recommends Alternatives 1, 2, 3 and 4 which include the Planning Commission’s recommendation and the Affordable Housing Agreement component.

SUGGESTED CITY COUNCIL MOTION
I mov
e to Introduce Ordinance No. 1357 approving Zone Change No. Z -S-2022-0005, adopt Ordinance No. 1358 approving Specific Plan Amendment No. SP -S-2023-0002; adopt Resolution No. 2024-27 approving Planned Development Permit No. PD -S-2022- 0015; adopt Resolution No. 2024-28 approving the Affordable Housing Agreement (AHA- 2023-0001) and approve a supplemental budget request for Fund 201.

SUMMARY
T
he Applicant, Adrian Stern, requests approval of a Planned Development Permit (PD-S- 2022-0015) to construct a 66-unit apartment building on a 1.65-acre site including a 0.19 acre property owned by the City of Simi Valley located at 1575 Erringer Road. In addition, the applicant requests approval of a Zone Change (Z-S-2022-0005) to change the zoning of the 0.19 acre City owned property from Commercial Of fice – Arroyo Simi Greenway Specific Plan (CO)(SP) to Residential Very High Density (RVH), and Specific Plan Amendment (SP-S-2023-0002) to remove the City-owned property from the Specific Plan.

The project also includes an Affordable Housing Agreement to provide five (5) affordable units set aside to extremely low -, very low- and lower-income qualified renters, and the request for one (1) development concession and five (5) development waivers pursuant to State Density Bonus Law and a $500,000 bridge loan f rom the City’s Successor Housing Agency Fund. The Planning Commission recommends the City Council introduce ordinances approving Zone Change No. Z -S-2022-0005 and Specific Plan 12 ZS20220005SPS20230002PDS20220015CCmtg6-24-24(klk)
Amendment SP-S-2023-0002 and Resolutions approving Planned Development Permit No. PD-S-2022-0015 and Affordable Housing Agreement AHA-2023-0001. ___
_____________________________
S
tratis Perros
Environmental Services Director
P
repared by: Elizabeth Richardson, Senior Planner
INDEX Page
P
ublic Hearing Procedure ............................................................................................ 14 Ordinance No. 1357 for Z-S-2022-0005 ....................................................................... 16 Exhibit A: Legal Description .................................................................................... 19 Exhibit B: Zone Change Exhibit ............................................................................... 20 Ordinance No. 1358for SP-S-2023-0002 ...................................................................... 21 Exhibit A: Legal Description ..................................................................................... 24 Exhibit B: Proposed Specific Plan Amendment ....................................................... 25 Resolution No. 2024-27 for PD-S-2022-0015 ................................................................ 26 Exhibit A: Legal Description ..................................................................................... 28 Exhibit B: Conditions of Approval for PD-S-2022-0015 ............................................ 29 Resolution No. 2024-28 for AHA-2023-0001 ................................................................. 45 Exhibit A: Affordable Housing Agreement ............................................................... 48 Exhibit B: Loan Agreement ...................................................................................... 78 Attachment A: Notice of Exemption ............................................................................. 109 Exhibit 1 - Letter from Applicant Requesting Concession and Waivers ....................... 110 Exhibit 2 - May 8, 2024 Planning Commission Staff Report, Supplemental Staff Report, Resolution and Approved Minutes ........................................................................ 115 Exhibit 3 – Affordable Housing Subcommittee Staff Report and Draft Minutes ........... 306 13 ZS20220005SPS20230002PDS20220015CCmtg6-24-24(klk)

PUBLIC HEARING PROCEDURE
HEARING DATE: June 24, 2024

1. CITY CLERK: This is the time and place set for a public hearing to consider Zone Change (Z -S-2022-0005), Specific Plan Amendment
(SP-S-2023-0002), and Planned Development Permit (PD-S- 2022-0015) to change the zoning from Commercial Office- Arroyo Simi Greenway Specific Plan (CO)(SP) to Residential Very High Density (RVH) and modify the Arroyo Simi
Greenway Specific Plan and construct a new 66 unit, four- story multi -family residential building with an Affordable Housing Agreement (AHA -2023-0001) located at 1575
Erringer Road; a determination that the project is exempt from the California Environmental Quality Act; and introduction of Ordinances and Resolutions.

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

3. A

NY COUNCIL
MEMBER: (Report)

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 comments or issues raised?

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

11. MAYOR: Does the applicant desire any rebuttal?

12. APPLICANT: (Rebuttal)

13. MAYOR: The hearing is now closed.

14. MAYOR: Any further comments or questions from City Council Members? (Note: If the City Council has any further questions of staff or the applicant at this time, the Public Hearing may need to be re-opened.)
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15. MAYOR: I will now entertain a motion.

16. A

NY COUNCIL
MEMBER :

C ity Council Actions (by motion of any Council Member):
1) A
pprove, modify, or deny the findings in the staff report and staff recommendation (requires a second and a vote); 2) Introduce, modify, or not introduce Ordinance No.1357 for Zone Change No. Z -S-2022-0005 (does not require a
second or a vote; requires reading of ordinance);
3) Introduce, modify, or not introduce Ordinance No. 1358 for Specific Plan Amendment No. SP-S-2023-0002 (does not
require a second or a vote; requires reading of
ordinance);
4) A
dopt, modify, or not adopt Resolution No. 2024-27 for
Planned Development Permit No. PD -S-2022-0015
(requires a second and a vote; requires reading of
resolution).
5) A
dopt, modify, or not adopt Resolution No. 2024-28 for
Affordable Housing Agreement No. AHA -2023-0001 and
approve a supplemental budget request (requires a
second and a vote; requires reading of resolution).
* A
ny action to refer the matter back to staff or to continue the matter requires a second and a vote.

17. A

NY COUNCIL
MEMBER : Second

18. MAYOR: (Call for vote)

19. MAYOR: Proceed to the next item.
15 ZS20220005SPS20230002PDS20220015CCmtg6-24-24(klk)
ORDINANCE NO. 1357

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SIMI VALLEY APPROVING A CHANGE OF ZONE
CLASSIFICATION (Z -S-2022-0005) TO CHANGE THE
ZONE OF A 0.19-ACRE PROPERTY FROM COMMERCIAL

OFFICE-ARROYO SIMI GREENWAY SPECIFIC PLAN
(CO)(SP) TO RESIDENTIAL VERY HIGH DENSITY (RVH)
AT 1575 ERRINGER ROAD ; AND A DETERMINATION

THAT THE AMENDMENT IS EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, pursuant to the provision s of the Simi Valley Municipal Code Title 9-73, the applicant, Adrian Stern, has requested approval of a Zone Change (Z -S- 2022-0005) for a 0.19-acre site located at 1575 Erringer Road, known as Ventura County Assessor Parcel No. 632-0-140-300 and by the le gal description attached hereto as Exhibit A, for the purpose of changing the Zoning Map of a 0.19-acre site from Commercial Office -Arroyo Simi Greenway Specific Plan (CO)(SP) to Residential Very High Density (RVH); and a determination that the Zone Change is exempt from the California Environmental Quality Act.

WHEREAS, on May 8, 2024, the Planning Commission of the City of Simi Valley reviewed proposed changes at a public hearing and recommended that the City Council approve the changes.

WHEREAS, the City reviewed the Project’s environmental impacts under the California Environmental Quality Act (Public Resources Code 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 California Code of Regulations 15000, et seq., the (CEQA Guidelines”).

WHEREAS, the City complete d its review and scheduled a public hearing regarding the proposed Project before the City Council for June 24, 2024. Notice of the public hearing on the proposed Project was posted as required by the SVMC.

WHEREAS, on June 24, 2024, the City Council conducted a public hearing to consider the Project including, without limitation, this Ordinance.

WHEREAS, this Ordinance, and its findings, are based upon the entire administrative record considered during the J une 24, 2024 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 for Zone Change No. Z-S-2022-0005 contained in the Planning Commission Resolution dated May 8, 2024 , and incorporated herein by reference, are hereby adopted.
16 ZS20220005SPS20230002PDS20220015CCmtg6-24-24(klk)
SECTION 2. Pursuant to SVMC 9-20.030 and 9-73, Zone Change No. Z- S-2022-0005 amending the Zoning Designation from Commercial Office -Arroyo Simi Greenway Specific Plan (CO)(SP) to Residential Very High Density for a 0.19 acre property located adjacent to 1575 Erringer Road, as contained in Exhibit B, attached hereto is hereby amended .

SECTION 3. Environmental Assessment. Because of the facts set forth in Section 1, the Director determined the project to be exempt from CEQA in accordance with Categorical Exemption 15332 “Infill Exemption.” Therefore, the Director determined the project is exemption from further environmental review pursuant to CEQA Guidelines Section 15300, et Seq. and pursuant to CEQA Guidelines Section 15062, a Notice of Exemption was prepared.

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. 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 t he 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 6. 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 7. Severability. If any part of this Ordinance or its application is deemed invalid by a court of co mpetent 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 8. 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 9. 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.

ORD. NO. 1357
17 ZS20220005SPS20230002PDS20220015CCmtg6-24-24(klk)
SECTION 10. Incompatible Provisions. To the extent of any provision of this ordinance is incompati ble with or at variance with any prior adopted ordinance or resolution, the provisions of this Ordinance shall take precedence.

SECTION 11. 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 24th day of June 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
ORD. NO. 1357
18 EXHIBIT A
ZS20220005SPS20230002PDS20220015CCmtg6-24-24(klk)

LEGAL DESCRIPTION
PART OF LOT 33 OF THE CALIFORNIA MUTUAL BENEFIT COLONY OF CHICAGO’S

SUBDIVISION, IN THE CITY OF SIMI VALLEY, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGE 19 OF MAPS, IN THE

OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 33; THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 33, 75 FEET TO A STAKE; THENCE WESTERLY IN A STRAIGHT LINE TO A STAKE ON WEST LINE OF SAID LOT 33, SITUATE 30 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT 33; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 33, 30 FEET TO THE NORTHWEST CORNER OF SAME; THENCE NORTHEASTERLY ALONG A LINE DIVIDING SAID LOT 33 AND LOT 34 TO THE NORTHEAST CORNER OF SAID LOT 33 AND PLACE OF BEGINNING.

EXCEPTING THEREFROM ALL THAT PORTION OF SAID LAND GRANTED TO SIMI VALLEY RECREATION AND PARK DISTRICT, IN DEED RECORDED MAY 22, 1972 IN BOOK 3959, PAGE 4 OF OFFICIAL RECORDS.

ALSO EXCEPTING THEREFROM DESCRIBED AS EXHIBIT “B” IN RESOLUTION 85- 143 RECORDED OCTOBER 24, 1985 AS INSTRUMENT NO. 1985-121072, OF OFFICIAL RECORDS.

APN (632-0-140-300)
ORD. NO. 1357
19 EXHIBIT B
ZS20220005SPS20230002PDS20220015CCmtg6-24-24(klk)
Zone Change No. Z-S-2022-0005
A Zone Change from Commercial Office -Arroyo Simi Greenway Specific Plan to Residential Very High Density for the 0.19-acre portion of the property located adjacent to 1575 Erringer Road, as described as follows:
1575 Erringer Road
APN: 632-0-140-300
ORD. NO. 1357
20 ZS20220005SPS20230002PDS20220015CCmtg6-24-24(klk)
ORDINANCE NO. 1358

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SIMI VALLEY APPROVING AN AMENDMENT TO THE
ARROYO SIMI GREENWAY SPECIFIC P LAN (SP-S-2023-
0002) TO REMOVE THE PROJECT SITE FROM THE
SPECIFIC PLAN BOUNDARY AT 1575 ERRINGER ROAD
AND RELATED REVISIONS ; AND A DETERMINATION

THAT THE AMENDMENT IS EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, pursuant to the provisions of the Simi Valley Municipal Code Title 9 -73, the applicant, Adrian Stern , has requested approval of a Specific Plan Amendment (SP -S-2023-0002) to to remove the 0.19-acre site from the Arroyo Simi Greenway Specific Plan located adjacent to 1575 Erringer Road, known as Ventura County Assessor Parcel No. 632-0-140-300 and by the legal description attached hereto as Exhibit A, and a determination that the Specific Plan Amendment is exempt from the California Environmental Quality Act.

WHEREAS, on May 8, 2024, the Planning Commission of the City of Simi Valley reviewed proposed changes at a public hearing and recommended that the City Council approve the changes.

WHEREAS, the City completed its review and scheduled a public hearing regarding the proposed Project before the City Council for June 24, 2024. Notice of the public hearing on the proposed Project was posted as required by the SVMC.

WHEREAS, on June 24, 2024, the City Council conducted a public hearing to consider the Project including, without limitation, this Ordinance.

WHEREAS, this Ordinance, and its findings, are based upon the entire administrative record considered during the June 24, 2024 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 for Specific Plan Amendment No. SP-S-2023- 0002 contained in the Planning Commission Resolution dated May 8, 2024, and incorporated herein by reference, are hereby adopted.

SECTION 2. Specific Plan Amendment No. SP-S-2023-0002 amending the Arroyo Simi Greenway Specific Plan to remove the site and required improvements to the

0.19 acre property, as contained in Exhibit B, attached hereto is hereby approved. 21 ZS20220005SPS20230002PDS20220015CCmtg6-24-24(klk)
SECTION 3. Environmental Assessment. Because of the facts set forth in Section 1, the Director determined the project to be exempt from CEQA in accordance with Categorical Exemption 15332 “Infill Exemption”. Therefore, the Director determined the project is exemption from further environmental review pursuant to CEQA Guidelines Section 15300, et Seq. and pursuant to CEQA Guidelines Section 15062, a Notice of Exemption was prepared.

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 Specific Plan or other regulation by this Ordinance will be rendered void and cause such Specific Plan provision or other regulation to remain in full force and effect for all purposes.

SECTION 5. Limitations. The City Council’s analysis and evaluation of the project is based on the best information cur rently 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 wi thin the political framework within which it exists and with the limitations inherent in that framework.

SECTION 6. Preservation. Repeal or amendment of any previous Arroyo Simi Greenway Specific Plan Sections does not affect any penalty, forfeiture, o r 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 violation s occurring before the effective date of this Ordinance.

SECTION 7. 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.

ORD. NO. 1358
22 ZS20220005SPS20230002PDS20220015CCmtg6-24-24(klk)
SECTION 10. 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 provisions of this Ordinance shall take precedence.

SECTION 11. 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 24th day of June 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
ORD. NO. 1358
23 EXHIBIT A
ZS20220005SPS20230002PDS20220015CCmtg6-24-24(klk)

LEGAL DESCRIPTION
Area being removed from Specific Plan
PART OF LOT 33 OF THE CALIFORNIA MUTUAL BENEFIT COLONY OF CHICAGO’S

SUBDIVISION, IN THE CITY OF SIMI VALLEY, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGE 19 OF MAP S, IN THE

OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 33; THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 33, 75 FEET TO A STAKE; THENCE WESTERLY IN A STRAIGHT LINE TO A STAKE ON WEST LI NE OF SAID LOT 33, SITUATE 30 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT 33; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 33, 30 FEET TO THE NORTHWEST CORNER OF SAME; THENCE NORTHEASTERLY ALONG A LINE DIVIDING SAID LOT 33 AND LOT 34 TO THE NORTHEAST CO RNER OF SAID LOT 33 AND PLACE OF BEGINNING.

EXCEPTING THEREFROM ALL THAT PORTION OF SAID LAND GRANTED TO SIMI VALLEY RECREATION AND PARK DISTRICT, IN DEED RECORDED MAY 22, 1972 IN BOOK 3959, PAGE 4 OF OFFICIAL RECORDS.

ALSO EXCEPTING THEREFROM DESCRIBED AS EXHIBIT “B” IN RESOLUTION 85- 143 RECORDED OCTOBER 24, 1985 AS INSTRUMENT NO. 1985-121072, OF OFFICIAL RECORDS.

APN 632-0-140-300
ORD. NO. 1358
24 EXHIBIT B
ZS20220005SPS20230002PDS20220015CCmtg6-24-24(klk)
Specific Plan Amendment No. SP-S-2023-0002
Arroyo Simi Greenway Specific Plan
The following pages of the Arroyo Simi Greenway Specific Plan adopted on August 17, 2015 are amended and as contained in Attachment B of the City Council Staff Report dated June 24, 2024.

TABLE OF CHANGED PAGES
Page Section Type of Update

2.8-19 Rancho Simi Community
Park Expansion Plan View
Strikethrough; Map

2.9-10 Overlook/Rest Area Strikethrough; Picture

2.9-11 Overlook/Rest Area Entire Page

2.11-12 Erringer Road Gateway Strikethrough; Picture

2.11-13 Erringer Road Gateway Strikethrough
ORD. NO. 1358
25 ZS20220005SPS20230002PDS20220015CCmtg6-24-24(klk)
RESOLUTION NO. 2024-27

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SIMI VALLEY APPROVING PLANNED DEVELOPMENT
(PD-S-2022-0015) FOR THE CONSTRUCTION OF A NEW
66-UNIT MULTI-FAMILY RESIDENTIAL BUILDING,

INCLUSION OF AFFORDABLE HOUSING UNITS,

DEVELOPMENT CONCESSION, AND DEVELOPMENT
WAIVERS; AND A DETERMINATION THAT THE PROJECT

IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
WHEREAS, the applicant, Adrian Stern , has requested approval of a Planned Development Permit (PD-S-2022-0015) for that 4.76-acre parcel located at 1575 Erringer Road, known as Ventura County Assessor’s Parcel Nos. 632-0-050-355, 632-0- 050-395 and 632-0-140-300, and by the legal description attached hereto as Exhibit A for the purpose of constructing a 66 -unit multi -family residential building on a 1.65 acre portion of the site; and a determination the project is categorically exempt from the California Environmental Quality Act.

WHEREAS, on May 8, 2024, the Planning Commission of the City of Simi Valley held a public hearing and recommended approval of PD-S-2022-0015.

WHEREAS, on June 24, 2024, the City Council conducted a public hearing to considered the evidence and public testimony on the project.

WHEREAS, this Resolution, and its findings, are based upon the entire administrative record considered during the June 24, 2024 public hearing including, without limitation, the staff report and accompanying documents.

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

SECTION 1. The findings for Planned Development Permit No. PD-S-2022- 0015, contained in the Planning Commission Staff Report dated May 8 , 2024 , and incorporated herein by reference, and hereby adopted.
26 ZS20220005SPS20230002PDS20220015CCmtg6-24-24(klk)
SECTION 2. Environmental Assessment. Because of the facts set forth in Section 1, the Director determined the project to be exempt from CEQA in accordance with Categorical Exemption 15332 “Infill Exemption.” Therefore, the Director determined the project is exemption from further environmental review pursuant to CEQA Guidelines Section 15300, et Seq. and pursuant to CEQA Guidelines Section 15062, a Notice of Exemption was prepared
SECTION 3 . Planned Development Permit PD -S-2022-0015 is hereby approved, subject to compliance with all the conditions contained in Exhibit B, attached hereto.

SECTION 4 . The time within which judicial review must be sought for administrative decisions is governed by California Co de of Civil Procedure Section 1094.6.

SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk PASSED and ADOPTED this 24th day of June 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
RES. NO. 2024-27
27 EXHIBIT A
ZS20220005SPS20230002PDS20220015CCmtg6-24-24(klk)

LEGAL DESCRIPTION
PARCEL A: (632-0-050-355 AND 632-0-050-395)
PARCEL 2 AS SHOWN ON THE MAP ENTITLED PARCEL MAP NO. LD-S-667 FILED APRIL 15, 2015 IN BOOK 70 OF PARCEL MAPS, AT PAGES 67 TO 70 INCLUSIVE, IN THE CITY OF SIMI VALLEY, COUNTY OF VENTURA, STATE OF CALIFORNIA.

EXCEPT THEREFROM ONE -TENTH PART OF THE TOTAL (GROSS) OIL, GAS OR

OTHER KINDRED SUBSTANCES OR OTHER MINERALS EXTRACTED FROM SAID

LAND AS RESERVED BY VENTURA LAND AND WATER COMPANY, A
CORPORATION, RECORDED FEBRUARY 7, 1929 IN BOOK 239 PAGE 493, OF OFFICIAL RECORDS.

ALSO EXCEPT THEREFROM AN UNDIVIDED ONE -HALF INTEREST IN AND TO A

NINE-TENTHS PART O F THE TOTAL (GROSS) OIL, GAS OR OTHER KINDRED

SUBSTANCES OR OTHER MINERALS IN, UPON OR UNDERLYING SAID LAND OR

HEREAFTER EXTRACTED THEREFROM AS RESERVED BY PACIFIC STATES SAVINGS AND LOAN COMPANY IN DEED RECORDED JULY 10, 1947 IN BOOK 789 PAGE 376, OF OFFICIAL RECORDS.

PARCEL B: (632-0-140-300)
PART OF LOT 33 OF THE CALIFORNIA MUTUAL BENEFIT COLONY OF CHICAGO’S

SUBDIVISION, IN THE CITY OF SIMI VALLEY, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGE 19 OF MAPS, IN THE

OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

EXCEPTING THEREFROM ALL THAT PORTION OF SAID LAND GRANTED TO SIMI VALLEY RECREATION AND PARK DISTRICT, IN DEED RECORDED MAY 22, 1972 IN BOOK 3959, PAGE 4 OF OFFICIAL RECORDS.

ALSO EXCEPTING THEREFROM DESCRIBED AS EXHIBIT “B” IN RESOLUTION 85 - 143 RECORDED OCTOBER 24, 1985 AS INSTRUMENT NO. 1985 -121072, OF OFFICIAL RECORDS.

RES. NO. 2024-27
28 EXHIBIT B
CASE NO.: PD-S-2022-0015
APPLICANT: Adrian Stern
ZS20220005SPS20230002PDS20220015CCmtg6-24-24(klk)

PROJECT PERMIT CONDITIONS
The conditions marked with an asterisk (*) are Special Conditions applicable specifically to this permit. These conditions of approval will supersede any conflicting notations, specifications, dimensions, and typical sections that may be shown on a development plan or exhibit. Applicant (Permittee) will assume all costs incurred in complying with the conditions contained herein. “Permittee” or "Applicant" or "Developer" or "Owner" as used in these conditions means all applicants, developers, permittees, and all owners of the subject property and all successors and assigns thereto. These conditi ons are deemed to touch and concern the real property, which is the subject hereof, and will run with the land. Compliance with these conditions must be maintained for the life of the permit.

Applicant must comply with all of the conditions.

A. ENVIRONMENTAL SERVICES CONDITIONS:

Planning Division:

A-1 This permit is granted for all of the buildings, roadways, parking areas, landscaping, lighting, colors and materials, and other features which must be as shown on the formal application and exhibits specifically labeled as Exhibit Architectural Site Plan 1-2, Civil Site Plans Sheet 1-3, Floor Plan 1- 4, Roof Plan, Building Elevations 1-6, and Landscape Plan 1-2 dated March 18, 2024; Color and Materials Board dated March 18, 2024; and Tree Report dated November 2, 2022.

A-2 The approval of this project expires if the approved use is not commenced within three years from the date of this approval, unless it is extended in accordance with the terms and provisions of the SVMC.

A-3 Permittee and its successors i n interest must, indemnify, protect, defend (with legal counsel reasonably acceptable to the City), and hold harmless the City, its elected and appointed officials, officers, employees and agents from and against any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorney’s fees and disbursements (collectively “Claims”) arising out of or in any way relating to this project, any discretionary approvals granted by the City related to the development of the project or the environmental review conducted under CEQA (Public Resources Code 21000, et seq .), for the project. If the City Attorney is required to enforce any conditions of approval, all costs including attorney’s fees must be paid for by the Permittee in accordance with the Simi Valley Municipal Code (“SVMC”)
A-4 This decision is not effective until Permittee acknowledges acceptance of all conditions and any appeal period has laps ed, or a waiver of right to appeal is filed or if there is an appeal, until a final decision has been made RES. NO. 2024-27
29 CASE NO.: PD-S-2022-0015
APPLICANT: Adrian Stern
ZS20220005SPS20230002PDS20220015CCmtg6-24-24(klk)
on the appeal. By use of the entitlements granted by a development application, the Permittee acknowledges agreement with conditions of approval.

A-5 Anything which is not shown on the application/plans, which is not specifically approved, or which is not in compliance with this PD, is not approved. Any application and/or plans which are defective as to, without limitation, omission, dimensions, sca le, use, colors, materials, encroachments, easements, will render any entitlements null and void.

A-6 During the lifetime of the permit, Permittee must comply with all applicable laws and regulations of every local, state, and federal entity; and all suc h requirements and enactments will be incorporated by reference as conditions of this permit. The duty of inquiry as to such requirements and any amendments thereto will be upon Permittee and his or her transferees or successor in interest.

A-7 Permittee agrees that if any of the conditions or limitations of this permit are held to be invalid by a court of competent jurisdiction, that holding will render this permit to be null and void.

A-8 Approval of this project requires certain legislative determina tions by the City Council. The approval of the Planned Development Permit is hereby expressly made contingent upon the approval of the Zone Change, Specific Plan Amendment, and Affordable Housing Agreement by the City Council.

A-9 Permittee must provide to the Deputy Environmental Services Director/City Planner a copy of all conditions of approval recorded with the Ventura County Recorder's Office.

A-10 Permittee must not attach signs, flags, pennants, streamers, or banners of any type to the light poles or landscaping.

A-11 Permittee must submit to the Deputy Environmental Services Director/City Planner for review and approval a trash and recycling enclosure plan. The Deputy Environmental Services Director/City Planner will review the enclosure plan for compliance with the following criteria:
a. The enclosure must incorporate the same architectural treatment and use the same approved exterior colors and the materials of the main building;
b. The enclosure must incorporate an opaque gate and include a s olid roof, which will be designed to preclude trash from being blown out of the bins;
c. The height of the enclosure walls and gate must be the same or greater than the height of the bins within the enclosure; and RES. NO. 2024-27
30 CASE NO.: PD-S-2022-0015
APPLICANT: Adrian Stern
ZS20220005SPS20230002PDS20220015CCmtg6-24-24(klk)
d. Except when the bins are being accessed, the bins must be stored at all times within the enclosure with the gate closed.

A-12 Permittee must submit a Final Utility Equipment Screening Plan to the Deputy Environmental Services Director/City Planner for review and approval. The plan must include:
a. Size and location of all above -ground utility cabinets and underground utility vaults for electric, telephone, cable communications, backflow prevention devices, and fire sprinkler pressure detector check valves (utility equipment);
b. Screening design and location for all above-ground utility equipment by method of masonry walls, landscaping, or a combination of both; c. A minimum of three feet of clearance between all above-ground utility equipment and the screening;
d. Access panels oriented away from all public rights-of-way; e. Fire sprinkler pressure detector check valves located a minimum of 10 feet from all property lines adjacent to public rights-of-way, unless determined by the Deputy Environmental Services Director/City Planner to be not feasible;
f. Depiction of the Traffic Sight Safety Area (TSSA); and g. Location of all above-ground utility equipment outside of the TSSA.

A-13 In the event of the encounter of subsurface materials suspected to be of an archaeological or paleontolog ical nature, all grading or excavation must cease in the immediate area, and the find left untouched. Permittee must select and provide a qualified professional archaeologist certified by the Register of Professional Archaeologists or paleontologist with a degree(s) in paleontology or geology to evaluate and make recommendations as to disposition, mitigation and/or salvage. The recommendation must be implemented before work may proceed. Permittee will be liable for all costs associated with the professional investigation and implementation.

A-14 Before the time of occupancy inspection, Permittee must provide to the Deputy Environmental Services Director/City Planner and the Building Official written certification from the project architect or engineer that the project has been constructed in accordance with the approved plans.

A-15 Permittee must continually maintain, repair and replace all structures, landscaping, irrigation equipment, sidewalks, parking lot surfacing, and all other improvements within the project described in the approved plans.

RES. NO. 2024-27
31 CASE NO.: PD-S-2022-0015
APPLICANT: Adrian Stern
ZS20220005SPS20230002PDS20220015CCmtg6-24-24(klk)
A-16 Permittee must submit photometric and luminaire plans that comply with Simi Valley Municipal Code Section 9-30.040. The plans must also include the following items: Show that all exterior light fixtures depicted on the plan have fully recessed lenses and cut -off features that limit illumination at the property line to 0.5 footcandles; and, include a note that states: "All downcast light fixtures will be installed and permanently maintained in a horizontal position."
*A-17 Throughout its term, Permittee must abide by the provisions of the Affordable Housing Agreement approved concurrently herewith, which are incorporated by this reference as if fully set forth. A violation of the terms of the Affordable Housing Agreement, or any of its exhibits, constitutes a violation of this Planned Development Permit. In the event of a conflict between the Agreement and the PD conditions, whichever contains more restrictive terms will apply.
*A-18 Permittee must execute an Affordable Housing Agreement with the City for a term of 55 years that must reserve five apartment units for occupancy by qualified low - and very low -income households, as specified by the Affordable Housing Agreement (AHA -2022-0001) as approved by the City Council.
*A-19 Permittee must submit to the Deputy Environmental Services Director/City Planner a Fence and Wall Plan that includes details on all existing and proposed fences, walls, and gates that include colors, materials, textur es, heights, and style. Materials must be slumpstone, wrought iron, textured concrete block, or other similarly constructed walls. All property line walls and fences must not be placed more than one inch away from any property line.
*A-20 Permittee must submit to the Deputy Environmental Services Director/City Planner for review and approval, a Final Roof Plan that demonstrates that all proposed rooftop HVAC units will be screened by the proposed parapet and screen walls.
*A-21 Before the Building Official conducts a Final Building Inspection or issues a Certificate of Occupancy, whichever occurs first, Permittee must submit to the Deputy Environmental Services Director/City Planner construction drawings that include details for the installation of a closed circuit security camera system and resident door and access gate security system, which includes key fobs or equivalent.
*A-22 Permittee must provide one lockable storage closet for each unit attached to the unit, garage, or attached carport.

RES. NO. 2024-27
32 CASE NO.: PD-S-2022-0015
APPLICANT: Adrian Stern
ZS20220005SPS20230002PDS20220015CCmtg6-24-24(klk)
B. PUBLIC WORKS CONDITIONS:

B-1 These Conditions of Approval supersede all conflicting notations, specifications, dimensions, and typical sections which may be shown on development plans or exhibits. All of the following Conditions, including the payment of all the miscellaneous fees, must be completed before the issuance of a Zoning Clearance, unless other timing has been specified by the City Engineer. In the event of a conflict between a Standard Condition and a Special Condition, the Special Condition will take precedence.

B-2 Before the City Engineer issues a Grading Permit, Permittee must submit improvement plans on 24" x 36" sheets having the City's standard signature blocks. All lettering on the plans must be a minimum of .08 inch in size and the plans must be drawn to ensure reproduction and record keeping. All plans must be drawn in ink and must be signed by a California State Registered Civil Engineer at the time of first submittal. Permittee must submit improvement plans for the entire project as one package. The plans must include all project improvements shown on the approved project exhibits and those to be designed per these Conditions. Piecemeal submittal of plans is not acceptable. This package must include all supporting studies. Plans and studies must be signed by a California State Registered Civil Engineer at the time of first submittal.

B-3 Permittee must obtain an encroachment permit for construction of public infrastructure. Before the City Engineer issues an encroachment permit, all improvement plans and submittals must be accepted by the City Engineer, all applicable fees must be paid, all securities must be posted, and insurance documentation must be provided.

B-4 Before requesting a final inspection for release of securities, Permittee must submit record drawings, certifications, final soils report, and digital file(s) of record drawings in an ESRI Info or DXF format compatible with the City GIS database to the Department of Public Works.

B-5 Before the Building Official issues a final certificate of occupancy, Permittee must complete all improvements per the accepted plans and approved conditions and must obtain acceptance for the improvements by the City.

Grading
B-6 Before the City Engineer issues a grading permit, Permittee must submit a site paving, drainage, and grading plan, subject to review and approval by the City Engineer. Upon acceptance of the geotechnical report by the City, Permittee must submi t a digital file of the report and all comments, responses, references and supporting data.

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33 CASE NO.: PD-S-2022-0015
APPLICANT: Adrian Stern
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B-7 Before the City Engineer issues a grading permit, Permittee must post improvement securities for all grading, pay all applicable fees, and provide insurance documentation.

B-8 Permittee must obtain a grading permit, complete the grading according to the approved plans, and provide certifications by the soils engineer and civil engineer.

Drainage
B-9 Before the City Engineer issues a grading permit, Permittee must provide a final drainage study prepared by a California State Registered Civil Engineer. The drainage study must include hydrologic and hydraulic calculations.

B-10 Permittee must incorporate storm water detention into the improvement plans. The detention design must use either the hydrograph flood routing method or the unit volume method using 1,000 or 2,500 cubic feet per acre for bypass or flow-through designs respectively.

B-11 Storm water detention facilities must be privately maintained by the property owner(s).
*B-12 Permittee must submit to the City Engineer for review, and must execute and record upon approval, a Deed Restriction Covenant and Agreement regarding Detention, Storm Drains, and Stormwater Treatment Device Maintenance in a form approved by the City Attorney.

Storm Water Quality
*B-13 Before the City Engineer issues a grading permit, Permittee must prepare a Storm Water Pollution Prevention Plan (SWPPP) and must incorporate permanent storm water quality treatment devices into the site improvements for review and approval by the City Engineer.
*B-14 Permittee must identify pollutant sources and must include design and recommended construction, implementation, and maintenance measures in order to eliminate or reduce the discharges of pollutants from the project site to the public storm drain system during and after the construction period.

Traffic
*B-15 Permittee must design and construct any landscaping to incorporate and provide for the minimum safe vehicl e/driver sight distances at the project driveways, restricting the height of any planting material to 30 inches or less within the driver's sight distance area per City Standard SV 20 -130; in addition, no walls, berms, slopes, backflow prevention devices, on-site RES. NO. 2024-27
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project monuments, signs, or other impediments to the driver's sight visibility will be allowed within that restricted area; all as directed by the City Engineer. Any proposed decorative pavement, on-site project monuments, or signs must be located outside of the public right -of-way, as directed by the City Engineer.
*B-16 Permittee must design and reconstruct all project access driveways per City Standard SV 11 -20, “Commercial Driveway Approach” to achieve current Americans with Disabilities Act (ADA) Standards. Width must be per approved plan. Driveways must have minimum 15’ radius returns. *B-17 Permittee must design and construct a raised median on Erringer Road opposite the southerly project driveway to restrict said driveway to right - in/right-out operation, the design for which must be coordinated with the City Traffic Engineer.
*B-18 Permittee must design and construct all frontage improvements in accordance with the General Plan, including curb, gutter, sidewalk, traffic signing and stri ping, and any enriched parkways to the satisfaction of the City Engineer.
*B-19 Permittee must design and construct any improvements in the public right - of-way in accordance with the Caltrans Standard Plans, and the California Manual on Uniform Traffic Control Devices, latest editions. *B-20 Permittee must design and construct all on -site traffic circulation elements and traffic control devices (e.g. pavement delineation, signage) in accordance with the California Manual on Uniform Traffic Control Devic es, latest edition.
*B-21 Permittee must therefore pay the Traffic Impact Fee specified in the City of Simi Valley Schedule of Service Charges in effect at the time of payment, as stated in the current Traffic Impact Fee Resolution. The total fee is based on daily vehicle trip ends, with the current fee of $113.74 per trip. As the project is forecast to generate 300 daily trip ends, the total fee is $34,122.

Maintenance
B-22 Permittee must submit, to the Public Works Director, or designee, final Landscape and Irrigation Plans, estimates and plan check fees for review and approval. Landscape and Irrigation Plans must conform to the Ventura County Waterworks No. 8 Conservation S tandards, State of California AB1881 California Model Water Efficient Landscape Ordinance and design requirements of SVMC sections § 7-3.08 and 7-3.09.

B-23 Permittee must ensure that the landscape and irrigation design plans include provision for installing root barriers (18 inches deep by 10 feet long, RES. NO. 2024-27
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minimum), adjacent to back side of sidewalk when planting on -site tree(s) within 10 feet from the public rights-of-way and public sidewalk.

B-24 Permittee must provide on the Landscape Plan, that landscaping within the “Line of Sight” (TSA Sight Line) areas at driveways, be designed so that it does not exceed 30” maximum plant height at maturity.

B-25 Permittee must include a note on the Final Landscape Plans stating that any street trees, plant material and irrigation system within the street right- of-way adjacent the project, are to be maintained by the property owner in perpetuity and pursuant to SVMC § 7-3.19.

B-26 Permittee must screen all above ground utilities adjacent the right of way.

Above ground utilities must be setback sufficiently, approximately 6 -8 feet from the right-of-way, to allow adequate screening.
*B-27 Permittee must remove and replace the Palm trees, and consider alternates for the proposed Carrotwood trees adjacent Erringer Road in accordance with the Tree Report dated November 2, 2022 to the satisfaction of the Public Works Director, or designee. Other acceptable tree species must be selected from the City’s approved street tree list as replacements for them, as these trees prod uce hazards to the public from prolific fruit and palm fronds falling on the walkways.

Waterworks District No. 8
B-28 Permittee must construct all public water facilities in compliance with the Water Design and Construction Standards, adopted by the District Board of Directors on July 26, 2021, and subsequent revisions.

B-29 Permittee must apply for, and obtain, a Water Will -Serve Letter from Waterworks District No. 8 (WWD8).

B-30 Before WWD8 issues a Water Will -Serve Letter, Permittee must submit a utility plan to WWD8 for review and approval. The utility plan must show the domestic, irrigation, fire line connections, and backflow prevention assemblies.

B-31 Permittee must obtain approval from the Ventura County Fire Protection District (VCFPD) for the locations of existing and/or proposed fire hydrant(s) on the utility plan before WWD8 approval of the utility plans.

B-32 Before WWD8 issues a Water Will -Serve Letter, Permittee must submit a Water Supply Fixture Unit (WSFU) count in accordance with the latest version of the California Plumbing Code, as adopted by the SVMC.

RES. NO. 2024-27
36 CASE NO.: PD-S-2022-0015
APPLICANT: Adrian Stern
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B-33 Before WWD8 issues a Water Will -Serve Letter, Permittee must submit form VCFPD FORM 625 with authorized signatures from VCFPD and WWD8.

B-34 Before WWD8 issues a Wat er Will-Serve Letter, Permittee must pay the capital improvement charge for water service. The estimated total fee for 66 multi -family residential units is, at the time these COA are approved, calculated at $170,202. Actual fees will be determined at the time of payment.

B-35 Before the installation of landscaping or the Building Official issues a Certificate of Occupancy (COO), whichever comes first, the Permittee must purchase and install the domestic and irrigation water meters.

Sanitation
B-36 Permittee must construct two sewer laterals, 6” minimum diameter per City of Simi Valley Standards contained in The City of Simi Valley Department of Public Works Sanitation Engineering Section Manual and Standard Plans for the Design and Construction of S anitary Sewerage Facilities dated August 28, 2006.

B-37 Permittee must construct all public sewer facilities in compliance with the Manual and Standard Plans for the Design and Construction of Sanitary Sewerage Facilities adopted by the City Council of the City of Simi Valley on August 28, 2006, and its subsequent revisions.

B-38 Permittee must apply for, and obtain, a Sewer Will -Serve Letter from the Public Works Director, or designee.

B-39 Before the Public Works Director, or designee, issues a Sewer Will-Serve Letter, Permittee must pay all applicable sewer connection fees. The current estimated total fee of $216,546.00 for proposed 66 apartment units is based on the current rate of $3,281.00 per apartment unit. The actual fees will be determined at the time of payment.

B-40 Permittee must receive approval from the Public Works Director, or designee, for the construction of private on -site sewer facilities. On-site private sewer lines must be designed with a minimum 2 percent slope per the latest California Plumbing Code, as adopted by the SVMC.

C. LANDSCAPING CONDITIONS:

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37 CASE NO.: PD-S-2022-0015
APPLICANT: Adrian Stern
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a. Comply with the conceptual landscape plan as approved by the Planning Commission;
b. Comply with the recommendations of the City’s Consulting Landscape Architect, to ensure plans conform to the Planning Commission approval, the City’s Landscape Design Guidelines, and the 2015 State Model Water Efficient Landscape Ordinance as implemented by the City of Simi Valley;
c. Comply with the approved site plan and Public Works grading and improvement plans;
d. Include an agronomic soils report as specified in the 2015 State Model Water Efficient Landscape Ordinance as implemented by the City of Simi Valley. The soils report must be based on soil conditions after the establishment of final grades, and final landscape plans must incorporate the report recommendations;
e. Include a Water Efficient Landscape Worksheet with each submittal of landscape and irrigation plans;
f. Show all protected trees pursuant to SVMC Section § 9-38.050; g. Provide root barriers for all trees planted in parking lot, perimeter, and foundation planting areas, per Simi Valley Standard Plans 51-20 and 51-60; and
h. Include planting and irrigation with native compatible, fire-resistant plants in areas adjacent to existing native vegetation. All plant materials must be low -water use and must not include any live turf areas. The plant palette must not include invasive plants as listed in the California Invasive Plant Counc il (Cal -IPC) Invasive Plant Inventory.

C-2 Before the the City Planner issues a Zoning Clearance or the City Engineer issues a Grading Permit, whichever comes first, Permittee must obtain a Tree Removal Permit in accordance with SVMC Section § 9-38.070, et seq., for any protected trees designated for removal on the plan. Unless otherwise approved by the Deputy Environmental Services Director/City Planner, Permittee must not remove any of the mature trees before the commencement of any grading.

C-3 From the date of the City Council’s approval until final inspection or the Building Official issues a final certificate of occupancy for the last building to be built pursuant to this permit, Permittee must protect and preserve existing protected trees identifi ed in the approved Tree Report dated November 2, 2022, pursuant to SVMC Chapter 9-38 and City’s Landscape Design Guidelines, unless a Tree Removal Permit authorizing their removal has been issued by the Department of Environmental Services.

RES. NO. 2024-27
38 CASE NO.: PD-S-2022-0015
APPLICANT: Adrian Stern
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C-4 For the li fetime of the permit, Permittee must mitigate the loss of all protected trees, relocated trees, and trees identified on the Final Landscape Plan, pursuant to SVMC Chapter 9 -38 and the City’s Landscape Design Guidelines.

C-5 Before the Building Official i ssues a Certificate of Occupancy or a Final Inspection request, whichever comes first, Permittee must:
a. Install all landscaping and irrigation identified on the Final Landscape Plan;
b. Require that the landscape architect be present during the final landscape inspection by the City and certify that the installation of landscape materials and irrigation systems are installed pursuant to the approved Final Landscape Plan; and
c. Provide the required documentation outlined in the City of Simi Valley Final Landscape Plan Checklist , following completion of the landscape installation.

C-6 For the lifetime of this permit, Permittee must adhere to the City's Landscape Maintenance Requirements as follows:
a. Trees must be thinned as defined by the Tree Care Industry Association, ANSI A300 Standards to eliminate crowding or x - crossing branches, to remove dead or broken limbs, and to remove structurally weak branch attachments;
b. Tree canopies must not be topped (to remove or cut the top of the tree) or pollarded (to cut back to the trunk to promote the growth of a dense head of foliage) as defined by the Tree Care Industry Association, ANSI A300 Standards;
c. All pruning must comply with the International Society of Arboriculture, Best Management Practices -Tree Pruning, current edition;
d. No more than 20 percent of a tree canopy must be removed during a growing season;
e. Branches must be removed as needed to allow for a 14 -foot vehicular path clearance and an eight -foot pedestrian path clearance;
f. All pruning must be supervised by a certified or consulting arborist; and
g. Dead or missing plants must be replaced to comply with the approved landscape plan. The minimum replacement size must be RES. NO. 2024-27
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at least a 24-inch boxed tree, five-gallon shrub/vine, or a one-gallon groundcover.

D. VENTURA COUNTY FIRE PROTECTION DISTRICT:

D-1 The minimum fire -flow required must be determined as specified by the current adopted edition of the California Fire Code Appendix B with adopted Amendments and the applicable Water Works Manual for the jurisdiction (whichever is more restrictive). Permittee must verify that the water purveyor can provide the required volume and duration for the project before obtaining a building permit by having them fill out VCFD Form #625, Fire-Flow Verification.

D-2 Permittee must submit VCFD Form #610, Fire Permit Application, before obtaining a building permit for any new structures.

D-3 Permittee must submit Building plans of all A, E, I, H, R -1, R -2, or R -4 occupancies to the Fire District for review and approval before obtaining a building permit. Plan review is based on the function of space, not occupant load.

D-4 Private roads must comply with Public Road Standards. Multi -Family, Commercial, or Industrial Buildings or portions of buildings or facilities exceeding 30-feet in height above the lowest level of fire department access must require an approved aerial ladder fire apparatus access road. The highest roof surface must be determined by measurement to the eave of a pitched roof, the inte rsection of the roof to the exterior wall, or the top of parapet walls, whichever is greater. One aerial apparatus access road must be provided per 50,000 square feet of building area. Aerial apparatus access roads must have a minimum unobstructed width of 30 feet, exclusive of shoulders. Required aerial apparatus access roads must be located within a minimum of 15 -feet and a maximum of 30 -feet from the building.

Aerial apparatus access roads must be positioned such that they are parallel to the entire side of the building. The side of the building on which the aerial fire apparatus access road is positioned must be along the longest side of the building, unless otherwise approved by the fire code official.

Parking must be prohibited along the required width of the access roads.

Overhead utility and power lines must not be located within the aerial ladder fire apparatus access roads. Landscaping and other improvements between the required access and the buildings must not interfere with aerial ladder fire apparatus operations, as approved by the fire district.

D-5 The fire code official is authorized to reduce the required width to not less than 24-feet when all the following are provided:
 Automatic fire sprinklers are installed throughout the structure in accordance with NFPA 13.

RES. NO. 2024-27
40 CASE NO.: PD-S-2022-0015
APPLICANT: Adrian Stern
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 Fire sprinkler standpipes are provided on all floors and through to the roof.
 Two or more roof access points are provided through 2 -hour fire rated stairways separated a distance not less than half of the diagonal of the structure.
 Where exit access passes through interior corridors, foyers, lobbies, or reception areas, the 2-hour fire rating must be maintained.

D-6 All access roads must have a minimum vertical clearance of 13 -feet 6 - inches. Clear of building to sky.

D-7 Permittee must provide roads such that any portion of the exterior walls, at grade level, of a building or structure, is not more than 250-feet from a road as measured by an approved route around the exterior of the building.

D-8 Any gates to control vehicle acce ss are to be located to allow a vehicle waiting for entrance to be completely off the intersecting roadway. A minimum clear open width of 15-feet in each direction must be provided for separate entry/exit gates and a minimum 20 -feet for combined entry/exit gates. If gates are to be locked, a Knox system must be installed. The method of gate control, including operation during power failure (battery back-up), must be subject to review by the Fire Prevention Division. Gate plan details must be submitted to th e Fire District for approval before installation. A final acceptance inspection by the Fire District is required before placing any gate into service.

D-9 Before construction the Permittee must submit two (2) site plans to the Fire District for approval o f the location of fire lanes. Before occupancy, all fire lanes must be posted “NO PARKING -FIRE LANE -TOW AWAY” in accordance with California Vehicle Code, the California Fire Code and current VCFPD Fire Lane Standards. All signs and Fire Lane markings must be within recorded access easements.

D-10 Permittee must provide access around the building to allow for laddering the building, at a maximum 75 -degree angle, to reach emergency escape and rescue openings below the fourth story above the grade plane. A three (3) foot clear working space must be provided around the ladder at ground level.

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41 CASE NO.: PD-S-2022-0015
APPLICANT: Adrian Stern
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 Fire hydrants must be spaced 500-feet on center and so located that no structure will be farther than 250-feet from any one hydrant.  Fire hydrants must be located within 150 -feet of fire department connections.
 Fire hydrants must be set back from the curb face 24-inches on center.  No obstructions, includi ng walls, trees, lights, signposts, and meters must be placed within three feet of any hydrant.

D-12 Permittee must upgrade the existing hydrant located at Erringer Road and Heywood Street to a standard 6-inch wet barrel hydrant with one 4-inch and two 2 ½-inch outlets.

D-13 Permittee must install Standpipe systems in accordance with California Building Code and California Fire Code requirements, and NFPA Standard

14. D-14 Permittee must provide all structures with an automatic fire sprinkler system in accordance with California Building Code and California Fire Code requirements, and NFPA Standard 13.

D-15 Permittee must submit p lans for water systems supplying st andpipe systems and fire sprinkler systems, and not located within a water purveyor’s easement, to the Fire District for review and approval before the City Engineer/Building Official issues grading and/or building permits or signing of grading plans, whichever is first. Plans must reflect only dedicated private fire service lines and associated appurtenances.

D-16 Permittee must install a fire alarm system in all buildings in accordance with the California Building Standards Code and California Fire Code requirements, and NFPA Standard 72.

D-17 Permittee must submit p lans for any fire alarm system or sprinkler monitoring system to the Fire District for review and approval before installation.

D-18 Permittee and all occupants of buildings must comply with the Fire Department requirements for Emergency Preparedness Requirements as indicated under the California Fire Code, Chapter 4 “Emergency Planning and Preparedness”, and 19 Cal. Code of Regs. 3.09. All required records and documentation must be available for review by the Fire Department upon request.

D-19 Permittee must install building address numbers, a minimum of 10 -inches high, before occupancy, Numbers must be of contrasting color to the background, and must be readily visible at night. Brass or go ld-plated numbers must not be used. Where structures are set back more than 150 - feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is not visible from RES. NO. 2024-27
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the street, the address number(s) must be posted adjacent to the driveway entrance on an elevated post. Individual unit numbers must be a minimum of 4-inches in height and must be posted at the front and rear entrance to each unit. Additional address directional signs may be required at common building entrances and stairways.

D-20 Before combustible construction, Permittee must install a fire apparatus access road with a minimum unobstructed width of 20-feet. At minimum, the surface of the fire apparatus access road must be as follows: A minimum 6- inches of native soil compacted to 95 percent relative compaction topped with a minimum 4 -inches of aggregate base compacted to 100 percent relative compaction. Or first lift of AC pavement with required aggregate base in accordance wit h public road standards or registered engineers design requirements.

D-21 Before combustible construction, Permittee must install all utilities located within the access road and the first lift of the access road pavement. A minimum 20 -foot clear width mu st remain free of obstruction during any construction activities within the development once combustible construction starts.

E. RANCHO SIMI RECREATION AND PARK DISTRICT:

E-1 Permittee must provide the Rancho Simi Recreation and Park District (RSRPD) with the equivalent Park Land Dedication/In-Lieu Fees for the 66 apartment units before the issuance of a Zoning Clearance for the project to the City of Simi Valley. If the numbe r of dwelling units changes before the approval of the Zoning Clearance, the Park Dedication Fees will be modified to reflect the actual development accurately. Under authorization by the RSRPD Board of Directors, it is anticipated that cash -in-lieu fees received from the project will be committed to the RSRPD’s Rancho Simi Community Park.

E-2 Permittee is responsible for ascertaining and paying all City fees as required by the SVMC. This condition serves as notice, pursuant to Government Code § 66020(d) that the City is imposing development impact fees (DIFs) upon the project in accordance with the Mitigation Fee Act (Government Code § 66000, et seq.) and the SVMC. The permittee is informed that it may protest DIFs in accordance with Government Code § 66020.

E-3 If the proposed project includes new storm drain connections from the subject parcel to the Arroyo Simi Flood Control Channel, Permittee must submit an implementation plan to temporarily detour the use of the Arroyo Simi Greenway Bike Trail around the construction area to RSRPD before the City Planner issues a Zoning Clearance. The det our plan must depict the proposed alternate route, detour signage, and location of all safety barriers. Any damage to the existing bike trail must be repaired to the satisfaction of the Park District.

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43 CASE NO.: PD-S-2022-0015
APPLICANT: Adrian Stern
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E-4 Before the City Planner issues a Zoning Clearance, Permittee must submit the Final Landscape Plan to RSRPD to show the relocation of the dog park to the front east side of the recreation area. The relocation will create more distance from the dogs and members of the public who use the Arroyo Greenway Bike Path.

E-5 Before the City Planner issues a Zoning Clearance, Permittee must submit Final Landscape plans to RSRPD showing that the proposed trees will be outside the canopy of the existing trees located on the Arroyo Simi Greenway Property.

E-6 Permittee must submit a Final Fencing Plan to RSRPD Director of Planning and Maintenance showing that the proposed retaining wall adjacent to the Arroyo Greenway will not impact the existing trees within the Arroyo Greenway.

END OF ALL CONDITIONS

AFFIDAVIT

I, ________________, do hereby declare under penalty of perjury that I have Power of attorney on behalf of all property owners of the subject application and that all property owners accept all conditions imposed by the Planning Commission in th eir approval of PD-S-2022-0015. Permittee and property owners agree to comply with these conditions and all other applicable laws and regulations that affect this project.

___________________________ ________________
Date

___________________________

RES. NO. 2024-27
44 RESOLUTION NO. 2024-28

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SIMI VALLEY APPROVING AN AFFORDABLE HOUSING
AGREEMENT (AHA -2023-0001), A LOAN AGREEMENT,

AND A SUPPLEMENTAL BUDGET REQUEST WITH

APPLICANT, ADRIAN STERN FOR THE DEVELOPMENT
OF A 66-UNIT MULTI-FAMILY RESIDENTIAL BUILDING

INCLUSIVE OF AN AFFORDABLE HOUSING SET ASIDE
OF FIVE UNITS, “THE RIDGE” APARTMENTS, FOR
PROPERTY LOCATED AT 1575 ERRINGER ROAD
WHEREAS, the C ity Council of the City of Simi Valley (“City Council”) proposes to enter into the certain Affordable Housing Agreement (AHA-2023-0001), attached hereto as E xhibit A, with Adrian Stern (“Developer”) for the de velopment of a 66-unit apartment complex , conta ining five (5 ) affordable apartment units ( “Project”), comprised of one (1) extremely low -, three (3) very low - and one (1) low -income units, reserved for rental and occupancy by households at an affordable housing price for a period of fifty-five (55) years; a Loan Agreement, including a Promissory Note and Deed of Trust (Exhibit B), attached hereto and incorporated herein by reference on a 1.65-acre portion of a site (“Site”) located at 1575 Erringer Road , as described in the Agreement; and
WHEREAS, the Developer has submitted to the City Council a copy of the Affordable Housing Agreement (AHA-2023-0001) in a form executed by the Developer; and
WHEREAS, the Developer requested the City Council grant a 13% density bonus increase (8 units) , one (1) de velopment concession and five (5) development waivers pursuant to the State Density Bonus law, outlined in the Affordable Housing Agreement (AHA-2023-0001); and
WHEREAS, the parties intend that the Affordable Housing Agreement (AHA-2023-0001) will satisfy the objectives of the City pursuant to the Housing Element of the City’s General Plan and State law to provide affordable housing opportunities for very low-income households; and
WHEREAS, the Affordable Housing Subcommittee has recommended provision of a $500,000 loan to facilitate development of the Project; and WHEREAS, the proposed Affordable Housing Agreement (AHA -2023- 0001) has been found to be consistent with the Mitigated Negative Declaration prepared for the Project; and
45 WHEREAS, the City C ouncil finds and determines that the City has duly considered all terms and conditions of the proposed Affordable Housing Agreement (AHA-2023-0001), and believes that the development of the Project on the Site pursuant thereto is in the best interests of the City of Simi Valley and the health, safety and welfare of its residents, and in accordance with the public purpose s and provisions of applicable State and local laws and requirements.

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

SECTION 1. That the above recitals are true and correct and have served, together with the Affordable Housing Agreement (AHA-2023-0001) attached hereto as Exhibit A , and as described in the June 24, 2024 City Council staff repo rt, and incorporated herein by reference, as the basis for the approvals set below.

SECTION 2 . The City Council hereby finds and determines that the Affordable Housing Agreement (AHA -2023-0001) is consistent with the provisions and goals of the Housing Element and the Implementation Plan in that the Project furthers General Plan Housing Element Policies HE-3.1 and HE-1.7, whereby the Project provides five affordable apartment units, comprised of one extremely low-, three very low- and one lower-income units, reserved for rental and occupancy by qualified households for a period of fifty-five (55) years, and furthers Implementation Plan objectives of Program 6 of the Housing Element to facilitate development of affordable housing to lower -income households and prioritize affordable housing funds for projects that set aside a portion of the units for extremely low-income households as funding permits.

SECTION 3. The City Council hereby authorizes a Supplemental Bud get Request in the amount of $5 00,000 from the Successor Housing Agency’s Low and Moderate Income Housing Asset Fund to be used to facilitate the development of affordable housing for qualified residents under Planned D evelopment Permit PD -S- 2022-0015.

SECTION 4 . The City Council hereb y gra nts a loan in the amount of $500,000 from the City’s Successor Housing Agency’s Low and Moderate Income Housing Asset Fund to be repaid within 18 years as d escribed in the Promissory Note and secured by the Deed of Trust.

SECTION 5. The City Council grants a 13% density bonus increase as identified in the Affordable Housing Agreement (AHA-2023-0001), and as de scribed in the June 24, 2024 City Council Staff Report.

SECTION 6. The City Council grants one (1) development concession as identified in th e Affordable Housing Agreement (AHA-2023-0001), and as de scribed in the June 24, 2024 City Council Staff Report.

SECTION 7 . The City Council grants five (5) development waivers as identified in the Affordable Housing Agreement (AHA-2023-0001), and as described in the June 24, 2024 City Council Staff Report.

RES. NO. 2024-28
46 SECTION 8. The City Council hereby finds and determines that the five (5) affordable apartment units, comprised of one (1) extremely low-, three (3) very low- and one (1) low -income units, the bedroom mix adjustable and occupied by qualified households for a period of fifty-five (55) years.

SECTION 9 . The City Council hereby approves the Affordable Housing Agreement (AHA-2023-0001) (Exhibit A) between the City of Simi Valley and Adrian Stern.

SECTION 10 . The City Council and the officers of the City are hereby authorized and directed, jointly and severally, to do any and all things, to execute and deliver any and all documents which they may deem necessary or advisable in order to consummate the Afford able Housing Agreement (AHA -2023-0001) (Exhibit A) , a Loan Agreement, including a Promissory Note and Deed of Trust (Exhibit B) and to administer the transaction following its execution, and otherwise to effectuate the purposes of this Resolution, and such actions previously taken by such officers are hereby ratified and confirmed.

SECTION 11. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk.

PASSED and ADOPTED this 24th day of June 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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SPACE ABOVE FOR RECORDER ‘S USE
ONLY
The Undersigned d eclares that this
document is recorded for the b enefit of
the Ci ty of Simi Valley and therefore is
exempt from the payment of a recor ding
fee pursuant to Government Co de
Section 6103 & 27383.

APNs: 632-0-050-355; 632-0-050-395;
632-0-140-300

CITY OF SIMI VALLEY

AFFORDABLE HOUSING AGREEMENT

THE RIDGE APARTMENTS
(1850 HSA, LLC)
The land referred to in this Affordable Housing Agreement (AHA-2023-0001) is situated in the City of S imi Valley, County of Ve ntura, State of California on a 1.65-acre portion of a parcel generally located at 1575 Erringer Road , more particularly described in attached Exhibit “A,” which is incorporated by reference.

These Restrictions provide rights to the City of Simi Valley in regulating the rental of the subject 66-unit apartment project, containing five affordable units, for a period of 55 years from the date of a final Certificate of Occupancy.

CITY OF SIMI VALLEY
Attn: City Clerk
2929 Tapo Canyon Road
Simi Valley, CA
93063

EXHIBIT A
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AFFORDABLE HOUSING AGREEMENT

THE RIDGE APARTMENTS
1850 HSA, LLC
THIS AFFORDABLE HOUSING AGREEMEN T (AHA-2023-0001) (“Agreement”) is entered into this 24 day of June, 2024 among the City of Simi Valley, a general law city and municipal corporation (“City”) and 1850 HSA, LLC, a California limited liability company (“Owner”). The City and Owner are collectively referred to as the “Parties.” The Parties agree as follows:

1. RECITALS. This Agreement is made with re ference to the following facts and circumstances:

A. The Project Site consists of approximately 1.65-acre por tion of a property located in the City of Simi Valley, County of Ventura, State of California, as more particularly described in Exhibit “A,” and incorporated by reference (“Project Site”).

B. Owner received an approval for an application to City, PD-S-2022-0015, on June 24, 2024 (“Project Approvals”)
to develop a 66-unit apartment project containing five
affordable units (“Project”) on the Project Site, under Resolution No. 2024-27.

C. City and Owner entered into this Agreement to govern the five affordable set-aside units in the Project.

D. City provided
Owner with a 0.19-acre City-owned property as
assistance
toward the development of the Project in exchange for the affordable set-aside units.

E. The Parties agree that the 0.19-acre City-owned property reverts back to City should the Projec
t not be developed pursuant to the entitlements issued by City to develop the Project.

E. City provided Owner a $500,000 loan from the Successor Housing Agency’s Affordable Housing Incentives Account as described below (“City Loan Documents”) to provide
financial assistance toward the development of the Project in exchange for the affordable set-aside units.

F. City provid
ed Owner density bonus, concessions and waivers toward the development of the Project pursuant to Government Code § 65915 (the “Density Bonus Law”). In return, Owner is restricting occupancy of five of the dwelling units comprised of three units that are affordable to Very Low-Income Households at a rent that does not exceed
30% of fifty percent of the area median income adjusted for family size appropriate for the
unit, and one unit that is affordable to Lower-Income Households at a rent that does not exceed 30%
of eighty percent of the area median income adjusted for family size appropriate for the unit, and one unit that is affordable to Extremely Low-Income Households at a rent that does not exceed 30% of thirty percent of the area median income
adjusted for family size appropriate for the unit.

2. DEFINITIONS. Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this Agreement:

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2.01 “AHU” or “Affordable Housing Unit” m eans each of the five units within the Project, unit size (to be determined) adjusted according to family size, which are reserved for rental to Qualified Tenants in accordance with the terms of this Agreement.

2.02 “Affordable Rent” means: for an Extremely Low-Income Household, a monthly rent that does not exceed 1/12th of 30% of thirty percent of the Area Median Income for a household size appropriate to the Unit; OR, for a Very Low-Income Household, a monthly rent that does not exceed 1/12th of 30% of fifty percent of Area Median Income for a household size appropriate to the Unit; OR for a Lower-Income Household, a monthly rent that does not exceed 1/12th of 30% of eighty percent of the Area Median Income for a household size appropriate to the Unit. The maximum monthly rental amount of the Un its must be adjusted annually by the formula set forth above upon the promulgation of revised Area Median Income figures.

Actual rent charged may be less than such maximum rent.

2.03 “Area Median Income” or “AMI” m eans the annual median income, adjusted according to household size, for the Count y of Ventura, as most recently published and updated by the United Stat es Department of Housing and Urban Development (“HUD”) and as set forth in 25 California Code of Regulations § 6952, or any other comparable source City deems appropriate.

2.04 “Director” means the Envi ronmental Services Director of the City of Simi Valley.

2.05 “Extremely Low-Income Household” means persons and families whose incomes do not exceed the qualifying limits for extremely low-income families, in accordance with Health and Safety Code § 50106.

2.06 “Gross Income” means all payments from all sources received by a person (together with the gross income of all persons of the age of 18 years or older who intend to reside with such person in one residential un it), whether in cash or in kind as calculated pursuant to HUD Regulations in effect as of the Date of this Agreement.

2.07 “HUD” means the U.S. Department of Housing and Urban Development or any successor agency.

2.08 “Income Limit Schedule” means the Schedule of Income Limits for the County of Ventura most recently published and updated by HUD and as set forth in 25 California Code of Regul ations § 6952 including the Extremely Low-Income and Very Low-Income and Low er-Income Limits for Ventura County, adjusted by household size.

2.09 “Initial Rent” means the amount c harged to a Qualified Tenant for first occupancy of an AHU immediately after the Certificate of Occupancy or equivalent is issued for the Project.

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2.10 “Initial Rent Date” means the firs t occupancy date of an AHU by a Qualified Tenant immediately following the issuance of a Certificate of Occupancy or equivalent for the Project.

2.11 “Initial Tenant Costs” means all deposits and fees, exclusive of the first month’s rent, charged to a Qualified Tenant before occupying an AHU.

2.12 “Lower-Income Household” means persons and families whose incomes do not exceed the qualifying limits for lowe r-income families, in accordance with Health and Safety Code §50079.5.

2.13 “Manager” means that person (or pers ons) who resides within the Project and has been hired by Owner to provide on-site management duties.

2.14 "Protected Property” m eans the 0.19-acre City-ow ned property that City transferred to Owner via Instrument No. XXX, dated XXX, 2024, for Owner to complete the Project.

2.15 “Qualified Tenant” means a renter household or rental applicant household who meets the income criteria herein for eligibility as Extremely Low-Income or Very Low-Income or Lower-Income Household at the time of the initial tenancy (i.e., the date of initial occupancy as evidenced by execution by the tenant household of the initial Lease or Rental Agreement with the Owner).

2.16 “Restricted Rental Rate ” means a rental payment regulated by the terms of this Agreement.

2.17 “Very Low-Income Household” means persons and families whose incomes do not exceed the qualifying limits for very low-income families, in accordance with Health and Safety Code §50105.

3. DESIGNATION OF AFFORDABLE HO USING UNITS; REGULATORY

INCENTIVES

3.01 Designation of AHUs. In exc hange for density bonus, a concession and waivers under the Density Bonus Law, Owner agrees that at all times during the term of this Agreement, the AHUs be occupied exclusively by Qualified Tenants at the restricted rents identif ied in Paragraphs 7 and 7.03 (the “AHUs”).

3.02 Incentives and Waivers. Owner ack nowledges receipt of density bonus, and at least one additional concession or incentive under the Density Bonus Law in exchange for Owner’s agreement to re strict the rents of the AHUs. The City agrees to provide a 13% Density Bonus (total 8 units) in exchange to set aside one affordable units for Lower-Income households, three affordable units for Very Low-Income households, and one affordable unit for Extremely Low-Income, pursuant to Government Code Section 65915(d)(2)(C) - the State Density Bonus Law. City also granted the following concession (“Concession”) pursuant to Government Code § 65915(d)(1) and the Simi Valley Municipal Code (“SVMC”):

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 To increase the number of stor ies allowed by SVMC Section 9-

24.050 from three (3) stories to f our (4) stories as set forth by Government Code § 65915(d)(1)
City also granted, the following waivers (“Waivers”) pursuant to Government Code § 65915(e)(1), (k)(1), and the SVMC:
 To increase the maximum building height allowed by SVMC Section 9-24.050 from 40 feet to 55 feet as set forth by Government Code Section 65915(e)(1).
 To reduce the number of optional standards required by SVMC 9-

24.060 (D)(1) from seven (7) optional standards to six (6) as set forth by Government Code 65915(e)(1).
 To decrease the additional front yard setback for buildings over 15’ required by SVMC Section 9-24.050 from 58’ to 40’ 6” as set forth by Government Code § 65915(e)(1).
 To increase the maximum allowed walking distance from the apartment entry door to the trash enclosure required by SVMC 9-

35.050(D)(1) as set forth by Government Code Section 65915(e)(1)  To increase the maximum allow ed walking distance from tenant parking to the apartment entry door required by SVMC § 9-34.040(E) as set forth by Government Code Section 65915(e)(1)

3.03 City Loan. Provided that all Project Entitlements are approved by City, City loans to Developer $500,000 loan pursuant to the City Loan Documents that will reflect a repayment period of 18 years at 3% (simple) annual interest rate. Interest only pay ments are due on the City Loan until the end of the initial three years of construction per iod and residential stabilization (the "Construction Period"). After the Construction Period concludes, the Owner must make monthly payments of prin cipal and interest in an amount to cause the City Loan to be fully repaid at the end of the City Loan term. The City Loan must be subordinat ed to the initial construction and permanent period financing obtained by the Owner in connection with the acquisition, construction and financing of the Project.

4. TERM

4.01 Term of Agreement. Pursuant to the Density Bonus Law, the term of this Agreement begins on the date the Building Official issues a final Certificate of Occupancy, or equivalent, for the Project and remains in full force and effect for a period of 55 years afterward.

4.02 Restricted Rental Period. City and Owner agree that the Restricted Rental Period commences on the Initial Rent Da te for the first unit rented under RES. NO. 2024-28
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this Agreement and terminates 55 years after the Building Official issues a final Certificate of Occupancy or equivalent for the Project.

5. TIME CONSTRAINTS

5.01 Maintenance of Entitl ements. Owner must maintain compliance with PD-S- 2022-0015 including extensions and/or modifications. Any violation of PD- S-2022-0015 may result in the City declaring this Agreement null and void.

5.02 Inspection of AHUs. The AHUs must receive final inspection approval no later than the date that the market-rate units receive final inspection and approval. Time is of the essence in the occupancy of the AHUs.

5.03 Rent Up. The Owner agrees to rent at least five AHUs to Qualified Tenants within six months thereafter receiving a Certificate of Occupancy for any of the units in the Project.

6. POTENTIAL REVERSION OF CITY-OWNED LOT

6.01 City will transfer to Owner City’s Property as set forth in Instrument No. XXX, dated XXX, 2024 (“Protected Property”) , as assistance toward the development of the Project in exchange for the affordable set-aside units.

In the event of any conflict between this Agreement and Instrument No.

XXX, this Agreement will control.

6.02 Should the Project not be develope d or maintained pursuant to City’s approvals and the terms of this Agreem ent or any associated transfer documents, by the Owner or its successors or assigns then, upon City giving Owner at least 45 days advance written notice thereof of City’s intention to exercise its powers and rights herein and providing City an opportunity to meet and confer with the City Manager and any agreed upon period of time to cure, City has t he absolute, immediate and unconditional right and power to terminate all of Owner’s (and anyone claiming by or though Owner, or its successors or assigns) rights, title, estate and interest in the Protected Property (incl uding any improvements and alterations thereto made by or for Owner or its successors or assigns), to reenter and repossess the Protected Property (including any improvements and alterations thereto made by or for Owner or its su ccessors or assigns), to revoke the Quitclaim Deed for the Prot ected Property, to revest the City of Simi Valley with the fee title interest conveyed by the Quitclaim Deed, and to enforce the Deed Covenant (Power of Termination) free and clear of any and all rights, title, estate, and interest in the Protected Property (including any improvements and alterations ther eto made by or for Owner or its successors or assigns) of Owner (and anyone claiming by or though Owner, or its successors or assigns), and free and clear of all security interests, liens, encumbrances, and deeds of trust related to or affecting the Protected Property (including any improvements and alterations thereto made by or for Owner or its successors or assigns), and in any event with no payment or compensation for the value of t he Protected Property (including any improvements and alterations theret o made by or for Owner or its RES. NO. 2024-28
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successors or assigns), or reimburs ement or refund to Owner or anyone else for the funds used to purchase the Protected Property (including any improvements and alterations thereto made by or for Owner.

6.03 This restriction will continue for 30 years pursuant to Civil Code § 885.030, known as the Marketable Title Act, which provides that a power of termination expires 30 years after t he date the instrument reserving, transferring, or otherwise evidenci ng the power of termination is recorded. Nothing prevents City from extending the power of termination in accordance with applicable law.

7. RENTS

7.01 Initial Rents. The initial gross rent for each AHU in the Project (the “Initial Rents”) must conform wit h the allowable “Affordab le Rent” for Extremely Low-Income, Very Low-Income, or Lower-Income Households, as defined in Health and Safety Code § 50053. For Extremely Low-Income Households, the Initial Rent must be the product of 30% times thirty percent of the Area Median Income for Ventura County adjusted for household size appropriate for the unit, or for Very Low-Income Households, the Initial Rent must be the product of 30% times fifty percent of the Area Median Income for Ventura County adjusted for household size appropriate for the unit, or for Lower-Income Households, the Initial Rent must be the product of 30% times eighty percent of the Area M edian Income for Ventura County adjusted for household size appropriate for the unit, or if the household is a Section 8 voucher holder, the Fair Mark et Rent as qualif ied by Section 8 program with the tenant portion of the rent not exceeding 30% of the household income. Initial Rent must be adjusted by the utility allowance established by the Area Housing Authority of the County of Ventura, except as provided in Paragraph 7.03 of this Agreement.

7.02 Security Deposits. Total deposits in cluding security deposits and any other initial costs required of the Qualified Tenant occupying an AHU, other than the first month’s rent, cannot exceed the tenant portion of one month’s gross rent (without deduction of utility allowance) as determined under Paragraphs 7.01 or 7.03. If the security deposit exceeds $500, upon request of the Qualified Tenant, s/he is allowe d to pay the deposit in three equal monthly installments whic h is due, together with the monthly rent upon execution of the rental agreement, and on the rent due date of the following two months of occupancy of the AHU. Monthly installments are credited to tenant’s security account. The security deposit cannot be increased as long as the tenant resides in the same unit.

7.03 Rent Adjustments.
(a) “Adjustment Date” means 90 da ys after HCD issues updated AMI limits, but in any event, not more frequently than annually as long as this Agreement remains in effect.

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(b) On each Adjustment Date, the a nnual rent increase for each of the AHUs is limited to not more than the lesser of the following:
i. 5%; or
ii. The percentage increase in the Median Income Limit for Ventura County.
(c) Notwithstanding Sub paragraph (b), in no event may the tenant portion of the rent for any Extremely Low-Income Affordable Housing Unit exceed 30% of thirty per cent of the Area Median Income amount, adjusted for household size as established by the California Department Housing and Community Development, whichever is lower; and in no event may the tenant portion of the rent for any Very Low-Income Affordable Housing Unit exceed 30% of fifty percent of the Area Median Income amount, adj usted for household size as established by the California Department of Housing and Community Development, whichever is lower; and in no event may the tenant portion of the rent for any Lowe r-Income Affordable Housing Unit exceed thirty 30% of eighty perc ent of the Area Median Income amount, adjusted for household size as established by the California Department of Housing and Community Development, whichever is lower.

8. METHOD OF RENTAL

8.01 Classification. Any unit occupied by a Qualified Tenant as determined per Paragraph 9.01 is considered to have satisfied the occupancy requirements set forth above; therefore, must be subject to the Affordable Rent restrictions provided in this Agreement and must continue to satisfy such requirements if the tenant is recertified as a Qualified Tenant in accordance with Paragraph 9.02.

9. DETERMINATION OF TENANT ELIGIBILITY

9.01 Qualification. Owner is responsible for determining, in accordance with the provisions of 25 California Code of Regulations § 6910, et seq., as those sections may be amended, the income e ligibility of a pot ential AHU renter household. On the date an AHU is leased, the gross annual income of a Qualified Tenant occupying said unit cannot exceed the limit for Extremely Low-Income or Very Low-Income or Lower-Income Household for Ventura County, as adjusted for the tenant ’s household size. Gross income calculations for prospective (and continuing) tenants are determined in accordance with 25 Cal. Code of Regs . § 6914. Owner must determine income qualification of an applic ant tenant household by obtaining and reviewing required income records from each member of such tenant household. Such records should include, without limitation, the most recent federal income tax return of each me mber of said tenant household, bank records, Social Security Administra tion statements, pay stubs or other documentation, which verified the household’s annual income (the RES. NO. 2024-28
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“Supporting Documentation”). Additi onally, Owner must obtain written certification of the anticipated inco me of all non-minor members of the tenant household for the 12-month period following the date of determination of income. Also, Owner must complete and provide to the City an Affordable Housing Prog ram Tenant Certification, Exhibit “B,” before use and City reasonably approves such use. Each AHU rented to a Qualified Tenant must be occupied by that household. Further, any AHU cannot be occupied by the Manager , and the Manager’s unit cannot be designated as an AHU.

9.02 Tenant Recertification. Tenant Recertification means the Owner’s annual verification of a Qualified Tenant’s income conducted in accordance with Paragraph 9.01. At least 60 days before each Adjustment Date, Owner must provide written notice to AHU occupants to complete an Affordable Housing Program Tenant Re certification, Exhibit “C,” and to provide supporting income verification documentation to the Owner before the Adjustment Date. In the event that the tenant fails to provide proof of income to Owner on or before the Adjustment Date, such tenant is deemed to have committed a material breach of the Lease Agreement and the Lease Agreement must provide that such breach is cause for termination of tenancy. Owner cannot renew the tenant’s lease without such proof of income. Subject to the limitations of State and Federal law, no tenant residing in an AHU can be denied continued occupancy, solely because their household income has increased such that it exceeds the limits for Extremely Low-Income or Very Low-Income or Lower-Income Household for Ventura County, adjusted for household size pursuant to Paragraph 2.07. Owner must keep copies of all AHU Tenant Recertification forms on file and make them available to City upon request.

9.03 Change In Household Composition/Inco me. Owner is responsible for, in accordance with the provisions of the HUD Multifamily Occupancy Handbook 4350.3 Chapter 7, annual recert ification, interim recertification (change in household composition), unit transfers, and gross rent changes.

10. OUTREACH PROGRAM

10.01 Outreach and Affordable/Affirmative Marketing Program. Owner must submit for approval a detailed Ou treach and Affordable/Affirmative Marketing Program (the “marketing program”), which includes, without limitation, advertising, publicity and promotion, to the Director not less than 120 days before the projected completion of the Project. Owner may not commence marketing efforts of the AHUs as part of its overall Marketing Program for the Project, before the Director appr oves the Outreach and Affordable/Affirmative Marketing Pr ogram by the City, which approval should not be unreasonably withheld or delayed. The purpose of the Outreach and Affordable/Affirmative Mark eting Program is to solicit and obtain Qualified Tenants for occupancy of all AHUs, to establish a waiting list for units that may become availabl e and to affirmatively further fair housing goals by designing a program that attracts prospective Qualifying Tenants of all majority and minority groups in the housing market area RES. NO. 2024-28
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regardless of race, creed, color, religion, sex, national origin, marital status, status with regard to receipt of pub lic assistance, or disability. The Affirmative Marketing Program should assure that any persons normally not likely to apply for the AHUs without special outreach efforts, know about the availability of the AHUs, feel welcome to apply and have the opportunity to rent an AHU. The marketing program must begin before the occupancy of any apartment units within the Project and must include the following:
(a) A print media schedule as shown on attached Exhibit “D,” which is incorporated by reference, to be published in a newspaper of City- wide or regional circulation;
(b) Noticing and listing the Project throughout the life of this Agreement with the Area Housing Authority of Ventura County, the Senior Center, City Hall, Simi Valley Public Library, and, as appropriate for market conditions, the Simi Valley-Moorpark Association of Realtors, Simi Valley faith community, and such other similar agencies as the Director may designate;
(c) Notifying all persons on the Owner’s waiting list for affordable rental housing;
(d) Establishment of a telephone num ber for the Project with message capabilities to receive inquiries on vacant units, including the AHUs throughout the life of this Agreement;
(e) Continuous display of the fair hou sing logo in the rental office and in advertising;
(f) Budget to adequately fund the reas onably necessary expenses of the foregoing.

The Parties agree that, with the exception of Subparagraphs 10.01 (c) (d), and (e) above, the other items listed above must be implemented only when vacant units are or will soon be available for rental and when there is no one on the Owner’s waiting list for the AHUs.

10.02 Waiting List.
(a) From the commencement of th e Outreach and Marketing Program and through the Restricted Rental Period, Owner must establish and maintain a waiting list regarding the applicants for the AHUs and select the prospective Qualifying Tenants on a first-come, first served basis. The waiting list must include the information requested in Exhibit “E.” In no event may the waiti ng list be closed during the Restricted Rental Period by Owner.
(b) Owner will not be obliged to rent an AHU to a potential renter on a waiting list unless such potential renter agrees to and does enter into a Lease Agreement which provides that the pot ential renter agrees to occupy the AHU no later than: (a) forty-five days after Owner RES. NO. 2024-28
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notifies such potential renter that the AHU is available for occupancy, or (b) thirty days after such A HU is vacated by the prior tenant, whichever is later.

10.03 Initial Marketing Plan. The Outrea ch and Affordable/Affirmative Marketing Program must be no less intensive in the City of Simi Valley as compared to any other region.

10.04 Awareness of the AHU Availability. Owner must design the Outreach and Affordable/Affirmative Marketing Program to include provisions that create and build audience awareness of the availability of AHUs and equal housing opportunities.

10.05 Failure to Implement an Outreach Pr ogram. If Owner fails to submit for approval and implement an Outreach and Affordable/Affirmative Marketing Program, City has the right to implem ent a marketing pr ogram, at Owner expense, for the purpose of soliciting Qualified Tenants for Owner’s AHUs.

11. NOTICES, DISCLOSURES, AND RECORDS

11.01 Notices. During the Restricted Rent al Period, Owner must provide the following notices to tenants at the inception of each AHU tenancy:
(a) Housing Information. Owner must provide tenants and prospective tenants with information on fair hous ing regulations and the State and Federal agencies responsible for enforcing them.
(b) Adjustment Date. Owner must in form each tenant, in writing at the time of occupancy of an AHU, the next Adjustment Date for that unit.

Owner is responsible for obtaining proof that these items were received by the tenants and must keep su ch proof in the tenant files for inspection by City, if requested. This may be accomplished by hav ing the tenants initial the lease that they have received the above information.

11.02 Expiration. Owner must comply with the requirements of Government Code § 65863.10 and any other then-applicable federal, state or local laws related to the expiration of the affordability period.

11.03 Right of First Refusal/Preservati on Notices. During the term of this Agreement, Owner must be in co mpliance with Government Code § 65863.11 and any other then-applicable sections of California law.

11.04 Subleasing Restricted. As part of every rental agreement, Owner must provide a clause which, by its terms, prohibits to the fullest extent allowed by law, the subject AHU tenant from assigning, subleasing or transferring any interest in the unit to another wit hout obtaining the City’s prior written approval. No such approval will be granted for any sublease which provides for rent or tenant income in excess of that authorized herein. This provision RES. NO. 2024-28
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does not prohibit Owner and the AHU tenant from entering into a new rental agreement to add additional household members provided that the new tenant household is determined to be eligible in accordance with Paragraph

9.01. 11.05 City Notification. Owner must make av ailable to City, copies of all notices and housing information delivered under Paragraphs 11.01 through 11.04 within three business days of demand by City. All notices required by Paragraphs 11.01 through 11 .04 must be set forth in bold-faced or capitalized letter, in a type face of at least 12 points, and must be separately initialed by the tenants.

11.06 Notice of Non-Compliance. Upon City determination of a material breach by Owner of the terms of this Agreement, City must within 10 working days after becoming aware of such material breach, provide written notice of the same to Owner, describing the nature of said breach, and Owner must have a reasonable period of time to cure such material breach before Owner being in default hereunder.

11.07 Records. Owner must maintain co mplete, accurate, and current records pertaining to the Project, and mu st permit any duly authorized representative of the City to inspect records, including records pertaining to income, age, and household size of residents. All Resident lists, applications, and waiting lists relating to the Project must at all times be kept separate and identifiable fr om any other business of the Owner and must be maintained as required by the City, using record-keeping forms provided by the City (Exhibits “B” through “F”), or on forms acceptable to the City, in a reasonable condition for proper audit and subject to examination during business hours by representatives of the City. The Owner must retain copies of all materials obtained or produced with respect to occupancy of the AHUs from application to move-out and for a period of 5 years thereof. 12 CONDITION AND MAINTENANCE OF UNITS/PROJECT

12.01 Project Architecture. All units in the Project must have the same architectural, exterior, and interior treatments, with the exception of the units to be occupied by the Managers.

12.02 Project Maintenance. Owner must ensure that sufficient revenues are reserved and expended for maintenance of the Project as required by all applicable laws, and so as to maintain all areas of the Project in a well-kept condition order and repair safe, attractive and continuously functional in accordance with all state and local c odes and regulations. Owner further agrees that such maintenance must be performed in a workmanlike manner on a regular basis and/or as needed a nd at times which will minimize inconvenience to tenants.

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13 REPORTING AND AUDIT REQUIREMENTS

13.01 Status Reports. Beginning on the firs t anniversary of the Initial Rent Date for the first AHU rented in the Project, and continuing on each such annual anniversary thereafter during the Rest ricted Rental Period, Owner must submit the following written reports to the Director:
(a) a copy of the waiting list (Exhibit “E” );
(b) a Unit Summary Report of all Affordable Housing
Units (Exhibit “F”).

13.02 Audit. Owner must permit the Cit y, with reasonable notice and during normal business hours, to inspect t he Project Site to verify Owner’s compliance with this Agreement. Owner must make available to the City, during normal business hours such re cords as the City may reasonably request to verify such compliance. Should Owner fail to submit timely reports as required by Paragraph 13.01 above, City may cause an audit to be conducted at the sole expense of Owner, in addition to any other available legal remedies. Owner must cooperate with any such audit and further agrees to make available to the City all documents relative to rental of the AHUs to verify compliance with the terms of this Agreement. 14 ENFORCEMENT PROVISION

14.01 Enforcement. City has the authority to enforce all the provisions of this Agreement, including the Covenants and conditions contained herein. City may take any enforcement action permitted by law, including but not limited to, a civil action for specific performance of the restrictions and terms of this Agreement, damages for breach of contract, restitution and injunctive relief.

The remedies provided herein are cu mulative and not exclusive and does not preclude City from seeking any other remedy to which it otherwise would be entitled under law or equity.
15 SUCCESSORS AND ASSIGNS

15.01 Successors and Assigns. The parties her eto each agree that the obligations and duties contained herein are binding upon the City and Owner, and their respective successors and assigns. Owner and its successors cannot assign its rights or delegate its duties or obligations, or sell, transfer, convey, encumber, assign or lease any of the AHUs (other than for individual tenant use as contemplated hereunder). City and its successors and assigns are deemed the beneficiary of the covenants contained herein, without regard to technical classification and designatio n. The covenants run in favor of City, its successors and assigns without regard to whether City has been, remains, or is an owner of any land or interest thereon. Owner must provide at least fifteen (15) day notice to City before any proposed transfer to a successor or assign. The assignee or successor must agree in writing to assume on behalf of itself and its successors and assigns, all the duties and RES. NO. 2024-28
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obligations of the Owner under th is Agreement, and any purported assignment will not be valid without such a written agreement.

15.02 Rights of Mortgage Holder s. The provisions of th is Agreement do not limit the right of the holder of any mortgage, deed of tr ust or other lien or encumbrance (collectively “Mortgage Ho lders”) to exercise any of its remedies for the enforcement of any pledge or lien upon the Property, provided however, that the obligations under this Agreement survive the exercise of such right through the remainder of the term of this Agreement pursuant to Paragraph 4.01.
16 RECORDATION OF AGREEMENT

16.01 Recording Agreement. This Agreement must be recorded before issuance of building permits. Owner must also record, separate from this Agreement the Declaration of Conditions and Rest rictions on the Transfer of Title or Interest in Real Property document in the form of Exhibit “G,” stating that the conditions and obligations to which the subject Project is bound run with the land.
17 GENERAL PROVISIONS

17.01 Indemnity and Hold Harmless. Ow ner must defend and provide legal defense with attorney(s) acceptable to the City, indemnify, and hold harmless the City, their agents, officials, officers, representatives and employees, from and against all claims, la wsuits, liabilities or damages of whatever nature arising out of or in connection with, or relating in any manner to any act or omission of Owner, its agents, employees, and subcontractors, and employees thereof, pursuant to the performance or non-performance of this Agreement. Owner must thor oughly investigate any and all claims and indemnify the City and do whatever is commercially necessary to protect the Cit y, its agents, officials, officers, representatives and employees as to any such claims, lawsuits, liabilities, expenses, or damages arising out of this Agreem ent. Further, Owner cannot bring any claims, cross-claims, actions or cro ss-complaints against the City, its agents, employees or representatives, arising out of any disputes between Owner and third parties as to the City approvals or the issuance of building permits for this Project.

17.02 Time is of the Essence. The Parties hereto agree that time is of the essence in the performance of this Agreement. No waiver by any of the Parties to this Agreement or the non-performance or any breach of any term, provision or condition of this Agreement or any default hereunder is considered to be or operate as a waiver of any subsequent non-performance, breach or default.

17.03 Extension of Time Good Cause. The Cit y may, in its sole discretion, extend one or more time deadlines for performance as referenced in this Agreement for good cause. “Good cause” includes, but is not limited to, acts RES. NO. 2024-28
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of God, labor strikes, war, riots, pandemics, etc., as determined the City in its sole discretion.

17.04 Modifications. The Parties heret o each agree that no addition to or modification or waiver of any term or provision of this Agreement is effective unless set forth in writing, in the same manner and form as originally adopted and signed by both the City and Owner except that the City reserves the right to make minor amendments to this Agreement, which may become necessary due to changes in governmental regulations or other requirements affecting the parti es involved in the arrangement of project financing so long as such amendments do not materially or substantially modify the terms contained in this Agreement and do not add to the costs incurred by the City. The parties hereto further agree that oral agreements or understandings are of no force or effect whatsoever.

17.05 Not for the Benefit of Third Partie s. This Agreement does not create any enforceable right, cause of action, or claim in any third party. The Owner, the City or their successors in inte rest are the sole parties who have standing to enforce the terms or obligat ions or to bring suit for damages arising out of a breach of this Agreement.

17.06 Not a Partnership or Joint Ventur e. This Agreement does not create a partnership or joint venture.

17.07 Subordination. Owner a cknowledges that the City must not subordinate this Agreement or any of its terms or t he separately recorded declaration of conditions and restrictions to any lien, encumbrance or mortgage for the Project. In the event that this Section 17.07 Agreement conflicts with any contract, agreement or order to whic h Developer or any parties affiliated with Developer is a party or by which it is bound, this Section 17.07 shall prevail.

17.08 Non-Discrimination. All of the Units must be available for occupancy on a continuous basis to members of t he general public. Owner cannot give preference to any particular class or gr oup of persons in renting the Units, except to the extent that one unit is required to be leased to Extremely Low- Income Households, three units are required to be leased to Very Low- Income Households, and one unit is requi re to be leased to Lower-Income Households.

Owner covenants by and for itself and any successors in interest that there will be no discrimination agai nst or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as t hose bases are defined in Sections 12926, 12926.1, subdivision (m) and paragr aph (1) of subdivision (p) of Section 12955, and Section 12955.2 of t he Government Code, in the sale, lease, sublease, transfer, use occupancy tenure or enjoyment of the Project nor can Owner itself, or any person claiming under or through it establish or permit any such practice or practice s of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, RES. NO. 2024-28
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lessees, subtenants, sublessees or vendees in the Project. The foregoing covenants run with the land.

Owner must accept as tenants on the same basis as all other prospective tenants, persons who are recipients of federal certificates for rent subsidies pursuant to the existing program under Section 8 of the United States Housing Act of 1937, or its successo r. Owner must not apply selection criteria to Section 8 certificate holders that are more burdensome than criteria applied to any other prospective tenants.

All leases or contracts made relati ve to the Projec t, the improvements thereon or any part thereof, must contai n or be subject to substantially the following nondiscrimination clause:
“There must be no discriminatio n against or segregation of any person or group of persons on account of race, color, creed religion, sex, se xual orientation, source of income, marital status, physical or mental handicap, medical condition, national origin or ancestry in the sale, lease, sublease transfer, use occupancy, tenure or enjoyment of the Project nor may lessee [or the contra ctor] or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the election location, number, us e or occupancy of tenants, lessees, subtenants, sublessees or vendees in the Project.”

17.09 Violation of Conditions of Approval. An y violation of the conditions of any of the Project Approvals will also constitute a violation of this Agreement and are enforceable as a breach hereof, as well as any other remedies.

17.10 Default. If Owner defaults in the performance or observation of any covenant, agreement or obligat ion set forth in this Agreement, and if such default remains uncured for a period of sixty (60) days after written notice must have been given by the City to Owner, then the City may declare an “Event of Default” to have occurred hereunder, and, at its option, may take any one or more of the following steps:
(a) By mandamus or other suit, action or proceeding at law or in equity, require the Owner to perform its obligations and covenants hereunder or enjoin any acts or things
which may be unlawful or in violation of the rights of the City hereunder;
(b) Have access to and inspect, examine and make copies of all of the books and records of the Owner pertaining to the 5 AHUs;
(c) Take such other action at law or in equity a may appear necessary or desirable to enforce the obligations,
covenants and agreements of the Owner.

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17.11 Severability. The Part ies hereto each agree that s hould any portion of this Agreement be held invalid or unenforceable for any reason, such determination does not affect the validit y of the remaining portions of this Agreement.

17.12 Covenants to Run with the Land. Owner subjects the Project (including the Project Site) to the covenants, reservations and restrictions set forth in this Agreement. The City and Owner declare their express intent that the covenants, reservations and restricti ons set forth herein are deemed covenants running with the land and mu st pass to and be binding upon Owner’s successors in title to the Proj ect; provided, however, that on the termination of this Agreement, said covenants, reservations and restrictions must expire. Each and every contract, deed or other instrument hereafter executed covering or conveying the Pr oject or any portion thereof must conclusively be held to have been executed delivered and accepted subject to such covenants, reservations and restrictions regardless of whether such covenants, reservations and restrictions are set forth in such contract deed or other instrument. Ow ner, by and for itself and each successor to any interest in the Project, hereby specif ically acknowledges and agrees to be bound by the covenants contained herein.

17.13 Notices. The parties hereto each agree that all not ices or other communications required or permitted hereunder must be in writing, must be either personally delivered or sent by United States certified mail or registered mail, return receipt requested, and must be deemed received seventy-two (72) hours after deposited in the mail in t he Counties of Ventura, Orange or Los Angeles, postage pre-paid, addressed to the persons to receive such notice, at the following address:

To City: City of Simi Valley
Attn: Environmental Services Director
2929 Tapo Canyon Road
Simi Valley, CA 93063
To Owner: 1850 HSA, LLC
Attn: Adrian Stern
17404 Ventura Blvd., Second Floor
Encino, CA 91316
Or to the owner of record or successor in title to the subject Project.

Notice of change of address is required and must be given by written notice in the manner detailed in this Par agraph. Notices required under this Agreement to a Qualified Tenant of an AHU must be deemed adequately given if transmitted in like fashio n to the street address and apartment number of such a Qualified Tenant.

17.14 Headings. The Parties hereto each agree that the paragraph headings herein are used only for the purpose of convenience and must not be RES. NO. 2024-28
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deemed to modify, explain or limit the subject of the paragraphs of this Agreement to be considered in their construction.

17.15 Incorporation of Recitals and Exhibits . Recitals A through F are incorporated herein by this reference and Exhibits “A” through “G” are attached and incorporated herein by this reference.

17.16 Compliance with Applic able Laws. Owner and City must obey all Federal, State, local and special district laws, ordinances and regulations.

17.17 Entire Agreement. This Agreemen t, together with its attachments and writings expressly incorporated her ein, constitutes the full and total understanding between the Parties hereto, construed according to the laws of the State of California, and supersedes all prior agreements between the Parties hereto.

17.18 Execution In Counterparts. This Ag reement may be executed in any number of counterparts, each of which, when executed and delivered to City, is deemed to be an original and all of wh ich, taken together, are deemed to be one and the same instrument.

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IN WITNESS THEREOF, the Parties hereto have executed this instrument as of the date first above written.

Attest:

Lucy Blanco, City Clerk
City of Simi Valley, a municipal corporation
Fred D. Thomas, Mayor of the City of
Simi Valley, California
Approved as to Form:

Algeria R. Ford, City Attorney
Heywood Street Associates LLC, A
California limited liability company
By: Chris Itule
Its: Managing Member
Approved as to Content:

Brian Paul Gabler, City Manager
Stratis Perros,
Environmental Services Director
Exhibits List
Exhibit A: Legal Description
Exhibit B: Affordable Housing Program Tenant Certification Exhibit C: Affordable Housing Program Tenant Recertification Exhibit D: Affordable Housing Program Outreach Plan / Print Media Schedule Exhibit E: Affordable Housing Agreement Waiting List
Exhibit F: Affordable Housing Program Unit Summary Report Exhibit G: Declaration of Conditions and Restrictions
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EXHIBIT "A"

LEGAL DESCRIPTION
Real
property in the City of Simi Valley, County of Ventura, State of California, described as follows:

PARCEL 2 AS SHOWN ON THE MAP ENTITL ED PARCEL MAP NO. LD-S-667 FILED APRIL 15, 2015 IN BOOK 70 OF PARCEL MAPS, AT PAGES 67 TO 70 INCLUSIVE, IN THE CITY OF SIMI VALLEY, COUNTY OF VENTURA, STATE OF CALIFORNIA.

EXCEPT THEREFROM ONE-TENTH PART OF THE TOTAL (GROSS) OIL, GAS OR

OTHER KINDRED SUBSTANCES OR OTHE R MINERALS EXTRACTED FROM SAID

LAND AS RESERVED BY VENTURA LAND AND WATER COMPANY, A
CORPORATION, RECORDED FEBRUARY 7, 1929 IN BOOK 239 PAGE 493, OF OFFICIAL RECORDS.

ALSO EXCEPT THEREFROM AN UNDIVIDE D ONE-HALF INTEREST IN AND TO A

NINE-TENTHS PART OF THE TOTAL (GROSS) OIL, GAS OR OTHER KINDRED

SUBSTANCES OR OTHER MINERALS IN, UPON OR UNDERLYING SAID LAND OR

HEREAFTER EXTRACTED THEREFRO M AS RESERVED BY PACIFIC STATES SAVINGS AND LOAN COMPANY IN DEED RECORDED JULY 10, 1947 IN BOOK 789 PAGE 376, OF OFFICIAL RECORDS.

APNs: 632-0-050-355 AND 632-0-050-395
PART OF LOT 33 OF THE CALIFORNIA MUTUAL BENEFIT COLONY OF CHICAGO'S SUBDIVISION, IN THE CITY OF SIMI VALLEY, AS PER MAP RECORDED IN BOOK 3, PAGE 19 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 33, THENCE, 1ST: SOUTH ALONG THE EAST LINE OF SAID LOT 33, 75.00 F EET TO A STAKE;

THENCE,
2ND: WESTERLY IN A STRAIGHT LINE TO A STAKE ON WEST LINE OF SAID LOT 33, SITUATE 30.00 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT 33;

THENCE,
3RD: NORTH ALONG THE WEST LINE OF SAID LOT 33, 30.00 FEET TO THE NORTHWEST CORNER OF SAME; THENCE,
4TH: NORTHEASTERLY ALONG A LINE DIVIDING SAID LOT 33 AND LOT 34 TO THE NORTHEAST CORNER OF SAID LOT 33 AND PLACE OF BEGINNING.

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EXCEPTING THEREFROM ALL THAT PORTION OF SAID LAND GRANTED TO SIMI VALLEY RECREATION AND PARK DISTRICT, IN DEED RECORDED MAY 22, 1972, IN BOOK 3959, PAGE 4, OFFICIAL RECORDS.

APN: 632-0-140-300
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EXHIBIT “B”

CITY OF SIMI VALLEY

AFFORDABLE HOUSING PROGRAM TENANT CERTIFICATION
THE

RIDGE APARTMENTS, SIMI VALLEY
Manager:

Name:

Date:

Address:

Phone:

Number
of persons in household:

List
all persons who reside in unit:

Name Social Security Number Age*
*Information on age only required for age restricted projects.

Total Household Income:
1) Previous Year Annual Gross Income (Attach Verification) Name Source Amount
Total
Gross Monthly Income:

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2) Current Monthly Gross In come (Attach Verification)
Name Source Amount
Total
Gross Monthly Income:

The
information on this form is provided solely for the purpose of determining eligibility for the City of Simi Valley A ffordable Housing Program. This information is confidential and, except as may be requir ed by the City of Simi Valley or Owner, any use of this information is strictly prohibited without written consent of the applicant. Acknowledgment of this paragraph does not constitute written permission.

I/We certify that the foregoing is complete, true, and accurate to the best of my/our knowledge and is verifiable by the most re cent federal tax return and other income documentation provided herewith. I/We are aware that any misrepresentation in this application will constitute a material breach of my/our agreement with the Owner to rent or lease the unit, and will entitle the Owner to prevent or terminate my/our occupancy of the unit.

Signed: Date:

Signed:

Date:

FOR

CITY OFFICE USE ONLY
Anticipated Income
Next 12 Months: Household Size:

Income
Level: Very Low (50%) Co mments: ______________________ Income Level: Extremely Low (30%)
Income Level: ______ Lower (80%)
Approved for Affordable Unit Reviewed by:

Not Approved Date:

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EXHIBIT “C”

CITY OF SIMI VALLEY

AFFORDABLE HOUSING PROGRAM TENANT RECERTIFICATION
THE

RIDGE APARTMENTS, SIMI VALLEY
Manager:

Name:

Date:

Address:

Phone:

Number
of persons in household:

List
all persons who reside in unit:

Name Social Security Number Age*
*Information on age only required for senior-oriented projects.

Total Household Income:
1) Current Monthly Gross In come (Attach Verification)
Name Source Amount
Total
Gross Monthly Income:

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The information on this form is provided solely for the purpose of determining eligibility for the City of Simi Valley A ffordable Housing Program. This information is confidential and, except as may be requir ed by the City of Simi Valley or Owner, any use of this information is strictly prohibited without written consent of the applicant. Acknowledgment of this paragraph does not constitute written permission.

Signed: Date:

Signed:

Date:

FOR

CITY OFFICE USE ONLY
Anticipated Income
Next 12 Months: Household Size:

Income
Level:

Very Low (50%) Comments: ____________________________
Extremely Low (30%)
______
Lower (80%)
Approved for Affordable Unit Reviewed by:

Not Approved Date:

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EXHIBIT “D”

CITY OF SIMI VALLEY

AFFORDABLE HOUSING AGREEMENT OUTREACH PLAN / PRINT MEDIA SCHEDULE THE

RIDGE APARTMENTS, SIMI VALLEY

PUBLICATION NAME AND CITY DATES APPEARING SIZE OF ADVERTISEMENT

FROM TO
______________________________________________________
___________________________________________

OFFICE USE ONLY
ATTACHMENTS: __________ Certif ication of Publication
__________ Sample Copy of Text
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EXHIBIT "E"

CITY OF SIMI VALLEY

AFFORDABLE HOUSING AGREEMENT WAITING LIST
THE

RIDGE APARTMENTS, SIMI VALLEY
PROJECT: DATE SUBMITTED:

MANAGER:

DATE

NAME ADDRESS PHONE
# OF

BEDROOMS
PREFER
HOUSE-

HOLD SIZE
INCOME
LEVEL
(EL/VL)

DATE PLACED IN
UNIT
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EXHIBIT “F"

CITY OF SIMI VALLEY

AFFORDABLE HOUSING AGREEMENT

UNIT SUMMARY REPORT OF ALL AFFORDABLE HOUSING UNITS
THE

RIDGE APARTMENTS, SIMI VALLEY
PROJECT: DATE SUBMITTED:

MANAGER:

UNIT
#

RESIDENT

NAME
DATE
MOVED
INTO
UNIT
MOVE
IN
RENT
RENT
ADJUST.

DATE
RENT
ADJUST.

AMOUNT

CURRENT
RENT
TOTAL
HOUSE-
HOLD
INCOME
# IN
HOUSE-
HOLD
#
BDRMS
INCOME
LEVEL
(EL/VL)
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EXHIBIT "G"

DECLARATION OF CONDITIONS AND RESTRICTIONS
REQUE

STED BY AND
WHEN RECORDED MAIL TO:

CITY OF SIMI VALLEY
Attn: City Clerk
2929 Tapo Canyon Road
Simi Valley, CA 93063

SPACE ABOVE FOR RECORDER'S USE ONLY
The Undersigned declares that this document is
recorded for the benefit of the City of Simi Valley and therefore is exempt from the payment of a recording
fee pursuant to Government Code Section 6103 and
27383.

APNs: 632-0-050-355, 632-0-050-395, AND
632-0-140-300
______________________________________________________________________

DECLARATION OF CONDITIONS AND RESTRICTIONS

ON THE TRANSFER OF TITLE OR INTEREST IN REAL PROPERTY

THE RIDGE
(1850 HSA, LLC)
The land referred to is situated in the City of Simi Valley, County of Ventura, State of California, and more particularly described in Exhibit A attached hereto and incorporated herein.

Notice is hereby given that the Project and Proj ect Site described herein is conditioned and the transfer of titl e and/or interest restricted by the City of Simi Valley (City) as set forth in that document entitled Sec ond Amended and Restated Affordable Housing Agreement (AHA-2023-0001) (the "Agreement"), recorded in the Official Records of the Office of the County Recorder, County of Ventura, State of California, which is hereby incorporated by reference herein.

Said restrictions expressly prohibit the transfer of title, assignment of rights, or delegation of duties without the express written consent of the City. Said consent must be conditioned upon the City's receipt of written evidence from the Buyer/Transferee at least 30 days before said consent t hat he/she has been fully informed of the terms of the Agreement and the benefit s/burdens conferred therein and agrees to assume all of the duties and obligations, as well as the rights and benefits that the existing Owner/Seller enjoys under the terms of the Agreement.

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Said restrictions further require the following:

1. The Owner/Seller must give at least fifteen (15) days’ notic e to City before any proposed transfer to a successor or assign. The assignee or successor must agree in writing to assume on behalf of itself and its successors and assigns, all the duties and obligations of the Owner under this Agreement, and any purported assignment will not be valid without such a written agreement. Said notice must be personally delivered or sent by certified mail, return receipt requested, to:

City of Simi Valley
Attn: Environmental Services Director
2929 Tapo Canyon Road
Simi Valley, CA 93063

2. The title company must immediate notify th e City of any attempt to sell or transfer the herein described Project. The Notice mu st be personally delivered or sent by certified mail, return receipt requested to the address noted above.

3. The escrow company must immediately notify the City of any attempt to sell or transfer the herein described Project. The no tice must be personally delivered or sent by certified mail, return receipt requested to the address noted above.

As a condition precedent to the opening of escrow, the Owner, designated agent(s) of the Owner, and the escrow officer each have an affirmative duty to fully disclose the terms of the Agreement to each Buyer. Escrow may open only upon receipt of the Buyer's signed and dated statement acknowledging receipt of a copy of the Agreement.

ANY ATTEMPT TO TRANSFER TITLE OR ANY INTEREST IN THE PROJECT DURING

THE TERM OF THE AGREEMENT IN VIOL ATION OF SAID AGREEMENT AND THIS

DECLARATION, MUST CAUSE SAID TRANSFER TO BE VOIDABLE AT THE ELECTION OF THE CITY.

IN WITNESS WHEREOF, the parties have ex ecuted this AGREEMENT on the day and year first above written. This AGREEMEN T may be executed in counterparts, each of which must be an original and all of wh ich together constitute one and the same AGREEMENT.

City of Simi Valley 1850 HSA, LLC
A Municipal Corporation A California Limited Liability Company Company
Brian Paul Gabler, City Manager
Dated:

By: Chris Itule

Managing MemberIts:

Dated:

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LOAN AGREEMENT
THIS LOAN AGREEMENT (the “Agreement”) is entered into as of ________, 2024 by and between the CITY OF SIMI VALLEY, a municipal corporation (“City”), and 1850 HSA, LLC, a California limited liability company (“Developer”), each a “Party,” and collectively, “Parties.”

R E C I T A L S
The following recitals are a substantive part of this Agreement:

A. The City and the Developer will enter into a City of Simi Valley Affordable Housing Agreement, and a Declaration of Conditions and Restrictions on the Transfer of Title or Interest in Real Property, each dated of even date herewith to be recorded in the official records of Ventura County (collectively, the “ Regulatory Agreement”). The Regulatory Agreement requires the Developer to construct and operate a 66-unit multifamily apartment project on an approximately 1.75-acre parcel of land within the City located at 1575 Erringer Road (the “Project”), and to restrict the rental of one apartment unit to L ower-Income households, three apartment units to Very Low -Income households, and one a partment unit to Extremely Low- Income household at an affordable rent, with one manager's unit. The Regulatory Agreement is hereby incorporated herein by reference.

B. Pursuant to this Agreement, the City has agreed to provide a loan in the amount of Five Hundred Thousand Dollars ($500,000) (the “City Loan”) from the Successor Housing Agency’s Affordable Housing Incentives Account to the Developer. The term of the City Loan shall be eighteen (18) years from the issuance of the final Certificate of Occupancy for the Project. The City Loan will be solely used to provide financial assistance toward the development of the Project. The Parties intend that this Agreement will satisfy the obligations of the City pursuant to Section 2.03 of the Regulatory Agreement.

C. The City’s making of the City Loan to the Developer is in the vital and best interest of the City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws.

NOW, THEREFORE, the City and the Developer hereby agree as follows:

1. City Loan. Subject to Developer’s performance of all of the terms, covenants and conditions, which are set forth herein, the City hereby agrees to a three percent (3%) simple -interest loan to the Developer in the amount of Five Hundred Thousand Dollars ($500,000).

1.1. Repayment of City Loan. The Developer’s obligation to repay the City Loan shall be set forth in the Promissory Note in the form of Exhibit “ A” attached hereto, which is incorporated herein. The Promissory Note shall be for a term of eighteen (18) years from the date of the Promissory Note for the Project, and shall bear three percent (3%) (simple) annual interest for the term of the Promissory Note. The Promissory Note principal, and outstanding interest shall be paid in full at the end of the 18 year term.

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1.2. Security for City Loan. The Promissory Note shall be secured by a Deed of Trust to be recorded as an encumbrance to the Project, in the form of Exhibit “ B” attached hereto, which is incorporated herein, and the recordation of a UCC1 Financing Statement with respect to the Project. In the event of any default under the terms of the Promissory Note or the Deed of Trust, the sole recourse of the City for any and all such defaults shall be by judicial foreclosure or by the exercise of the trustee’s power of sale and neither the Developer or any partner thereof shall be personally liable for the payment of the Promissory Note or for the pa yment of any deficiency established after judicial foreclosure or trustee’s sale.

Notwithstanding the foregoing, however, the foregoing shall not in any way affect any rights the City may have (as a secured party or otherwise) hereunder or under the Promissory Note or the Deed of Trust to recover directly from the Developer any amounts secured by the Deed of Trust, or any funds, damages or costs (including , without limitation, reasonable attorneys’ fees and costs) incurred by the City as a result of f raud, misrepresentation or waste, and any costs and expenses incurred by the City in connection thereof (including , without limitation, reasonable attorneys’ fees and costs).

1.3. Disbursement of City Loan. The City shall disburse the entire Five Hundred Thousand Dollars ($500,000) of the City Loan to provide financial assistance toward development of the Project subject to the fulfillment or waiver by City of conditions (a) through (f) below. Conditions (a) through (f) below (the “Conditions Precedent”) are solely for the benefit of the City, and may be waived by the City Manager in his or her sole discretion. a. Execution of Documents. Developer shall have executed and delivered to the City the Promissory Note, the Regulatory Agreement and the Deed of Trust and any other documents required hereunder, such documents should have been executed by the City, and the Regulatory Agreement and the Deed of Trust shall have been recorded as encumbrances to the Project.
b. Developer Submissions. Developer shall have submitted to the City the following: (iii) a copy of the owner’s policy of title insurance issued to the Developer, with endorsements showing no mechanic’s liens encumbering the Project (or expiration of statutory time limits for filing of mechanic’s liens), all of the foregoing submissions shall be certified by the Developer to be true and complete copies thereof. c. Title Policy. A title insurance company reasonably acceptable to the City shall have unconditionally committed to issu e a lender’s policy of title insurance insuring the lien of the Deed of Trust in the amount of the City Loan, subject to the liens and associated regulatory agreements, if any, for all Senior L oan described in Section 1.4 and such exceptions as are reasona bly acceptable to the City, together with any endorsements reasonably requested by the City. The Developer shall be responsible for the cost of such title policy and endorsements.
d. Proof of Insurance. Developer shall have provided to the City a certificate of insurance which satisfies the requirements of Section 2.3 hereof.

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e. Environmental Condition. City shall not have disapproved the environmental condition of the Project.
f. No Default, Representations and Warranties. Developer shall not be in default in any of its obligations under the terms of this Agreement or the Regulatory Agreement. All representations and warranties of Developer contained herein and in the Regulatory Agreement shall be true and correct in all material respects on and as of the date of the disbursement of the City Loan, as though made at that time, and all covenants of Developer which are required to be performed prior to the disbursement of the City Loan shall have been performed by such date.

1.4 Subordination. City acknowledges that the Loan Agreement, Promissory Note, Deed of Trust, and any other document relating to the City Loan (the "City Loan Documents") shall be junior and subordinate to the loan documents for the construction loan made by ____TBD________, in an amount not to exceed Dollars ($ ,000,000) (" TBD ") and after project construction is complete and the permanent loans have been recorded, the City Loan will be junior and subordinate only to the _____TBD______ Loan (“ TBD “). IT

IS AGREED THAT THE CITY SHALL NOT SUBORDINATE THE REGULATORY AGREEMENT

OR ANY OF ITS TERMS OR THE SEPARATELY RECORDED DECLARATION OF CONDITIONS AND RESTRICTIONS UNLESS AUTHORIZED BY THE CITY COUNCIL. The City Deed of Tr ust may be made subordinate to future deed of trust s, or mortgages , where such subordination is required in order to (i) obtain the financing needed for the Project, for the construction and/or permanent loan or loans for the Project or (ii) refinance an existing loan on the Property, provided that:
a. City shall receive any notices of default under any such deed of trust in accordance with state law
b. City shall have the right to cure any default by the Developer as a junior lienholder in accordance with state law
The Cit y shall execute and permit the recordation of a subordination agreement, in a form, which is reasonably acceptable to the City, with respect to any lien, encumbrance or mortgage, which satisfies the above-listed requirements. The City’s approval of a proposed subordination agreement, which meets these terms, shall not be un reasonably withheld, conditioned or delayed.

1.5 Assumption. The Promissory Note shall not be assumable by successors and assigns of Developer without the prior written consent of the City, which consent shall not unreasonably be withheld.

2. Development and Operation Requirements.

2.1 Development and Operation of Project in Compliance with Regulatory Agreement. The Developer shall develop and operate the Project in compliance with the requirements of the Regulatory Agreement, including without limitation , the obligations regarding occupancy requirements, allowable rent and rent adjustments, resident selection and waiting list, and management and maintenance of the Project.

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2.2 Maintenance. The Developer shall maintain the Project in accordance with Section 10 of the Regulatory Agreement and in compliance with all applicable provisions of the Simi Valley Municipal Code. The Project shall not be demolished or converted to another use without the prior written approval of the City. The Project shall be maintained in accordance with this Section until the City Loan is repaid in full. If the Project is not so maintained, and such condition is not corrected as soon as reasonably possible after notice thereof from the City, then the City may perform the necessary maintenance and Developer shall pay such costs as are reasonably incurred for such maintenance.

2.3. Insurance. Developer shall furnish the City with proper evidence of the following forms of insurance coverage:
a. General Conditions. Without limiting the Develop er’s indemnification of the City, Developer shall provide and maintain at its sole expense the insurance listed under subparagraph (b) hereof (Evidence of Coverages) covering its operations, subject to the following conditions:
(i) The City, its boards, officers, agents and employees, shall be included as additional insureds in all liability insurance policies, except for workers’ compensation. The City shall be named as loss payees as their interests may appear in all property insurance.
(ii) With respe ct to the interests of the City, the
Developer’s insurance shall not be canceled nor reduced in coverage or limits until after thirty (30) days written notice shall have been sent by certified mail (return receipt requested) to the City, Department of Environmental Services, 2929 Tapo Canyon Road, Simi Valley, California 93063, and shall contain an unequivocal clause so stating.
(iii) A City approved endorsement or certified copy of
insurance policy providing coverage shall be submitted to and approved by the City’s Risk Manager prior to commencement of any work or tenancy.
(iv) Aggregate Limits/Blanket Coverage - If any of the
required insurance coverages contain aggregate limits, or apply to other operations or tenancy of the Developer outside these specifications, Developer shall give City prompt, written notice of any incident, occurrence, claim, settlement, or judgment against that insurance which may diminish the protection that such insurance affords the City. Developer shall further take immediate steps restoring such aggregate limits or shall provide the insurance protection for such aggregate limits. (v) Failure to Procure Insurance - Developer’s failure to procure or maintain required insurance shall constitute a material breach of this Agreement under which the City may immediately terminate this Agreement or, at its discretion, procure or renew such insurance to protect the City’s interests and pay any and all premiums in connection therewith, and recover all monies so paid from Developer, or d educt all monies so paid from payments due Developer.
(vi) Underlying Insurance - Developer shall be
responsible for requiring indemnification and insurance from his/her employees receiving mileage allowance, consultants, agents, and subcontractors, if an y, to protect the Developer’s and the City’s interests, and for ensuring that such persons comply with any applicable insurance statutes.

Developer is encouraged to seek professional advice in this regard.

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b. Evidence of Coverages. Evidence of coverages , as checked below, having as a minimum the limits shown, must be submitted and approved prior to the release of City funds. Amounts shown are Combined Single Limit (CSL). Split limits may be substituted if the total per occurrence equals or exceeds the CSL amount.

Description Limits
a. Workers’ Compensation with Waiver of Subrogation Statutory (X) Employer’s Liability $500,000
b. General Liability (must be written $2 million
on an Occurrence Form)
(X) Premises and Operations
(X) Contractual Liability
(X) Independent Contractor
(X) Products/Completed Operations
(X) Broad Form Property Damage
(X) Broad Form liability Endorsement
(X) Explosion Hazard
(X) Collapse/Underground Hazard
c. Automobile Liability (must be written $2 million
on an Occurrence Form)
(X) Owned Automobiles
(X) Non-owned/Hired Automobiles

d. Property Insurance 100% of
Replacement
(X) All Risk Coverage
(X) Fire & Extended Coverage
(X) Fire Legal Liability
c. Workers’ Compensation. Developer shall comply with, and shall cause its contractors to comply with, all of the provisions of the Worker’s Compensation Insurance and Safety Acts of the State of California.
d. Liability Insurance. In accordance with the provisions of Section 2.3(a) and (b) above, Developer shall furnish to City and maintain in force during the period the Project is maintained on the Project a policy of comprehensive general liability insurance from a good and solvent insurer qualified and licensed to do business in California in which the City and its officers, employees, agents and representatives are named as additional insureds. The certificate and endorsement by the insurance carrier shall contain a statement of obligation on the part of the carrier to notify City of any material change, cancellation or termination of the coverage at least thirty (30) days in advance of the effective date of any such material change, cancellation or termination. Coverage provided hereunder by Developer shall be primary insurance and not be contributing with any insurance maintained by City, and the policy shall contain such an endorsement. A certificate of all such insurance policies required by this Agreement shall be delivered to the City Manager prior to the disbursement of the City Loan. No such insurance shall be cancel or modify without thirty (30) days prior written notice to the City.

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2.4. Indemnification and Hold Harmless. Developer shall indemnify, hold harmless and defend, with attorney(s) reasonably acceptable t o the City and its officers, elected and appointed boards and officials, employees, representatives and agents, from and against any and all liability, damages, costs, losses, claims and expenses, suits, actions, proceedings and judgments, including attorn ey fees, however caused, resulting directly or indirectly from or connected with the ownership, operation, management and maintenance of the Project , and/or the performance of this Agreement by Developer or its contractors, subcontractors, agents, employe es or other persons acting on Developer’s behalf other than resulting from the gross negligence or willful misconduct of any Indemnified Party.

2.5. Compliance with Laws. The Developer shall develop, maintain and operate the Project and the Project in con formity with all applicable laws, including all applicable state labor standards, the City zoning and development standards, building, plumbing, mechanical and electrical codes, and all other provisions of the City Municipal Code, all applicable environmental laws, and all applicable disabled and handicapped access requirements, including without limitation all applicable provisions of the Americans With Disabilities Act, 42 U.S.C.

Section 12101, et seq., Government Code Section 4450 , et seq., Government Co de Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq.

2.6. Nondiscrimination. Developer for itself and its successors and assigns, agrees that there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the leasing, subleasing, rental, transferring, use, occupancy, tenure, or enjoyment of the Project nor shall the Developer or any person claimin g under or through the Developer establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, leases, sublessees, subtenants, contractors or vendees in the Project.

2.7. Condition of the Project.
a. Developer Precautions. Developer shall take all
necessary precautions to prevent the release into the environment of any Hazardous Materials, which may be located in, on or under the Project. Such precautions shall include compliance with all Governmental Requirements with respect to Hazardous Materials. In addition, Developer shall install and utilize such equipment and implement and adhere to such procedures as are consistent with commercially reasonable standards as respects the disclosure, storage, use, removal and disposal of Hazardous Materials.
b. Environmental Indemnity. Developer shall indemnify, defend and hold City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys’ fees), resulting from, arising out of, or based upon (i) the r elease, use, generation, discharge, storage or disposal of any Hazardous Materials on, under, in or about, or the transportation of any such Hazardous Materials to or from, the Project, no matter when such claim, action, suit or proceeding is first asserte d or begun and no matter how the Hazardous Materials came to be released, used, generated, discharged, stored or disposed of on, under, in or about, to or from the Project, or by whom or how they are discovered, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment or license relating to the use, generation, release, discharge, storage, disposal or transportation of Hazardous Materials on, under, in or about, to or from, the Project. This indemnity shall include, without limitation, any damage, liability, fine, penalty, parallel indemnity after closing, cost or expense arising from or out of any claim, action, suit or proceeding, including injunctive, mandamus, equity or action at law, for personal injury (including sickness, disease or death), RES. NO. 2024-28
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tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, contamination, leak, spill, release or other adverse effect on the environment. c. Definitions. For purposes of this Agreement, “Hazardous Materials” means any substance, material, or waste which is or becomes regulated by any local governmental authority, Ventura County, the State of California, regional governmental authority, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a “hazardous waste,” “extremely hazardous waste,” or “restricted hazardous waste” under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25130 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law)), (ii) defined as a “hazardous substance” under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter -Presley-Tanner Hazardous Substance Account Act), (iii) defined as a “hazardous material,” “hazardous substance,” or “hazardous waste” under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a “hazardous substance” under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum , (vi) friable asbestos, (vii) polychlorinated byphenyls, (viii) methyl tertiary butyl ether, (ix) listed under Article 9 or defined as “hazardous” or “extremely hazardous” pursuant to Article 11 of Title 22 of the California Code of Regulations, Division 4, Chapter 20, (x) designated as “hazardous substances” pursuant to Section 311 of the Clean Water Act (33 U.S.C. §1317), (xi) defined as a “hazardous waste” pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. §6901, et seq. (42 U.S.C. §6903) or (xii) defined as “hazardous substances” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §9601, et seq.

2.8 Liens and Stop Notices. Developer shall not allow to be placed on the Project or any part thereof any lien or stop notice. If a claim of a lien or stop notice is given or recorded, affecting the Project the Developer shall within sixty (60) days of such recording or service:
a. pay and discharge the same; or
b. effect the release thereof by recording and delivering to City a surety bond in sufficient form and amount, or otherwise; or
c. provide City with indemnification from a title insurance company reasonably acceptable to the City against such lien or other assurance which City deems, in its sole discretion, to be satisfactory for the payment of such lien or bonded stop notice and for the full and continuous protection of City from the effect of such lien or bonded stop notice.

3. Developer’s Representations and Warr anties. Developer represents and warrants to City as follows:

3.1. Authority. Developer has full right, power and lawful authority to own the Project and undertake all obligations as provided herein, and the execution, performance and delivery of this Agreement by Developer has been fully authorized by all requisite actions on the part of the Developer. The parties who have executed this Agreement on behalf of Developer are authorized to bind Developer by their signatures hereto.

3.2. Litigation. To the best of Developer’s knowledge, there are no actions, suits, material claims, legal proceedings, or any other proceedings affecting the RES. NO. 2024-28
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Developer or an y parties affiliated with Developer, at law or in equity before any court or governmental agency, domestic or foreign, which if adversely determined, would materially impair the right or ability of Developer to execute or perform its obligations under this Agreement or any documents required hereby to be executed by Developer, or which would materially adversely affect the financial condition of Developer or any parties affiliated with Developer.

3.3. No Conflict. To the best of Developer’s knowledge, Deve loper’s execution, delivery, and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which Developer or any parties affiliated with Developer is a party or by which it is bound.

3.4. No Developer Bankruptcy. No attachments, execution proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization, receivership or other proceedings are pending or threatened against the Developer or any parties affiliated with Developer, nor are any of such proceedings contemplated by Developer or any parties affiliated with Developer.

3.5 Notice of Changed Conditions. Until the disbursement of the City Loan, Developer shall, upon learning of any fact or conditio n, which would cause any of the warranties and representations in this Section 3 not to be true, immediately give written notice of such fact or condition to City. Such exception(s) to a representation shall not be deemed a breach by Developer hereunder, but shall constitute an exception which City shall have a right to approve or disapprove if such exception would have an effect on the development and/or operation of the Project. If City elects to disburse the City Loan to the Developer following disclosure of such information, Developer’s representations and warranties contained herein shall be deemed to have been made as of the date of the disbursement of the City Loan, subject to such exception(s).

Following the disclosure of such information, City may elect to terminate this Agreement by written notice to the Developer.

4. Remedies for Default. A failure by either party to perform any action or covenant required by this Agreement, the Regulatory Agreement, the Promissory Note, the Deed of Trust, or the occurrence of any event of default under any loan or deed of trust for the Project which is senior to the City Loan, within the time periods provided herein following notice and failure to cure as described hereafter, constitutes a “Default” under this Agreement. A party claiming a Default shall give written notice of Default to the other party specifyin g the Default complained.

Except as otherwise expressly provided in this Agreement, the claimant shall not institute any proceeding against any other party, and the other party shall not be in Default if such party cures such default within five (5) days if the claimed Default is a failure to pay amounts due pursuant to the Promissory Note, or thirty (30) days from receipt of such notice for all other claimed Defaults hereunder. However, in the event that such Default is other than a failure to pay money and is of such a nature that it cannot reasonably be cured within thirty (30) days from receipt of such notice, the claimant shall not institute a ny proceeding against the other party, and the other party shall not be in Default if such party immediately upon receipt of such notice, with due diligence, commences to cure, correct or remedy such failure or delay and completes such cure, correction or remedy with diligence as soon as reasonably possible thereafter. In the event of default on any loan or deed of trust senior to the City Loan, the Developer shall immediately deliver to the City a copy of such notice of default. Even if the holder of suc h loan or deed of trust has not exercised its rights or remedies with respect to such event of default, the City shall have the right (but not be obligated to) cure such default. In such event, the City shall be entitled to reimbursement from the Developer of all costs and expenses actually incurred by the City in curing such default. The City shall be entitled to add such amount to the amounts owing pursuant to the Promissory Note, and secured by the Deed of Trust.

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4.1. Institution of Legal Actions. In a ddition to any other rights or remedies and subject to the restrictions otherwise set forth in this Agreement, either party may institute an action at law or equity to seek specific performance of the terms of this Agreement, or to cure, correct or remedy any Default, to recover damages for any Default, or to obtain any other remedy consistent with the purpose of this Agreement. The City may also cause all indebtedness of the Developer under this Agreement and the Promissory Note to become immediately due and payable, and may institute an action for judicial or non -judicial foreclosure pursuant to the Deed of Trust. Legal actions must be instituted in the Superior Court of the County of Ventura, State of California, or in the United States District Court for the Central District of California.

4.2. Acceptance of Service of Process. In the event that any legal action is commenced by the Developer against City, service of process on City shall be made by personal service upon the City Manager or in such other manner as may be provided by law. In the event that any legal action is commenced by City against the Developer, service of process shall be made in such manner as may be provided by law and shall be effective whether served inside or outside of California.

4.3. Rights and Remedies Are Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same Default or any other Default by the other party.

4.4. Inaction Not a Waiver of Default. Any failures or delays by either party in asserting any of its rights and remedies as to any Default shall not operate as a waiver of any Default or of any such rights or remedies, or deprive either such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.

4.5. Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement.

4.6. Attorneys’ Fees. In any action between the parties to interpret, enforce, reform, modify, rescind, or otherwise in connection with any of the terms or provisions of this Agreement, the prevailing party in the action shall be entitled, in addition to any other relief to which it might be entitled, reasonable costs and expenses including, without l imitation, litigation costs and reasonable attorneys’ fees.

5. General Provisions.

5.1. Notices, Demands and Communications Between the Parties.

Any approval, disapproval, demand, document or other notice (“Notice”) which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by reputable overnight document delivery service such as Federal Express that provides a receipt showing date and time of delivery, or (iii) mailing in the United States mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below, or at any other address as that party may later designate by Notice.

To City: City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
Attention: Environmental Services Director

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To Developer: 1850 HSA, LLC
Attn: Adrian Stern
17404 Ventura Blvd., Second Floor
Encino, CA 91316

Any written notice, demand or communication which is (i) sent by personal service shall be deemed received immediately upon receipt, (ii) sent by reputable document delivery service shall be deemed delivered on the next business day following the date sent, and (iii) sent by United States mail shall be deemed de livered within three days following the date sent; provided, however, that refusal to accept delivery after reasonable attempts thereto shall constitute receipt. Any n otices attempted to be deliver to an address from which the receiving party has moved without notice shall be effective on the third day from the date of the attempted delivery or deposit in the United States mail.

5.2. Non-Liability of Officials and Employees of City. No member, official, officer or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any Default or breach by City or for any amount which may become due to the Developer or its successors, or on any obligations under the terms of this Agreement.

5.3. Counterparts. This Agreement may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement. This Agreement may be executed in three (3) originals, each of which is deemed to be an original.

5.4. Integration. This Agreement, together with all attachments hereto and the Regulatory Agreement, contains the entire understanding between the parties relating to the transaction contemplated by this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged in this Agreement and shall be of no further force or effect. Each party is entering this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material. This Agreement includes Exhibits A and B, which constitute the entire understanding and agreement of the parties, notwithstanding any previous negotiations or agreements between the parties or their predece ssors in interest with respect to all or any part of the subject matter hereof.

5.5. No Waiver. A waiver by either party of a breach of any of the covenants, conditions or agreements under this Agreement to be performed by the other party shall not be con strued as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions of this Agreement.

5.6. Modifications. Any alteration, change, or modification of or to this Agreement, in order to become effective, shall be made in writing and in each instance signed on behalf of each party.

5.7. Severability. If any term, provision, condition, or covenant of this Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enfo rceable to the fullest extent permitted by law.

5.8. Legal Advice. Each party represents and warrants to the other the following: they have carefully read this Agreement, and in signing this Agreement, they do so with full knowledge of any right which the y may have; they have received independent legal advice from their respective legal counsel as to the matters set forth in this Agreement, or have knowingly chosen not to consult legal counsel as to the matters set forth in this Agreement; and, they have freely signed this Agreement without any reliance upon any agreement, promise, statement or RES. NO. 2024-28
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representation by or on behalf of the other party, or their respective agents, employees, or attorneys, except as specifically set forth in this Agreement, and witho ut duress or coercion, whether economic or otherwise.

5.9. Time of Essence. Time is expressly made of the essence with respect to the performance by the parties of each and every obligation and condition of this Agreement.

5.10. Cooperation. Each party s hall cooperate with the other in this transaction and, in that regard, sign any and all documents which may be reasonably necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement including, but not limited to, releases or additional agreements.

5.11 Definitions. Any terms used in this Agreement but not separately defined herein shall have the meaning given to such terms in the Regulatory Agreement.

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IN WITNESS WHEREOF , Cit y and the Developer have executed this Agreement as of the day and year first above written.

Attest: City of Simi Valley, a municipal corporation

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

Approved as to Form 1850 HSA, LLC, A California Limited Liability Company

Algeria R. Ford, City Attorney By: Chris Itule
Its. Managing Member

Approved as to Content:

Brian Paul Gabler, City Manager

Stratis Perros,
Environmental Services Director

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PROMISSORY NOTE

Entered into as of __________, 2024 Simi Valley, California FOR VALUE RECEIVED, 1850 HSA, LLC, a California limited liability company (“Borrower”), promises to pay to the CITY OF SIMI VALLEY, a municipal corporation (the “City”), or order, at the City’s office at 2929 Tapo Canyon Road, Simi Valley, California 93063, or such other place as the City may designate in writing, the sum of Five Hundred Thousand Dollars ($500,000) (the “Note Amount”), or so much of the Note Amount as has been disbursed by the City hereunder, in currency of the United States of America, which at the time of payment is lawful for the payment of public and private debts.

1. Agreement. This Promissory Note (the “Note”) is given in accordance with that certain Loan Agreement executed by the City and Borrower, entered into as of _________, 2024 (the “Loan Agreement”). The rights and obligations of the Borrower and the City under this Note shall be governed by the Loan Agreement and by the additional terms set forth in this Note.

In the event of any inconsistencies between the terms of this Not e and the terms of the Loan Agreement or any other document related to the Note Amount, the terms of this Note shall prevail.

2. Interest. The Note Amount (or such lesser amount as is then outstanding) shall bear three percent (3%) annual (simple) interes t, accruing from year of disbursement through repayment of Note.

3. Repayment of Note Amount. The Borrower shall pay the Note Amount and all accrued interest that has not been paid earlier in accordance with the Loan Documents at the end of year eighteen (18) from the issuance of this Note for the Project. Notwithstanding the foregoing, however, the full Note Amount may be accelerated as set forth in Section 12 hereof.

Borrower shall make the City Loan repayments as follows:
i. Interest only payments shall be due on the Note, monthly, until the end of the initial three (3) years of construction period and residential stabilization (the "Construction Period"); and

ii. Subsequent to the end of the Construction Period, the Borrower shall make monthly payments of principal and interest in an amount to cause the City Loan to be fully repaid at the end of the City Loan term, based on a full amortization schedule approved by the City.

4. Security. This Note is secured by a Deed of Trust With Assignment of Leases and Rents, Security Agreement, Financing Statement, and Fixture Filing (the “Deed of Trust”) dated as of the same date as this Note, and a UCC1 Financing Statement. In the event of any default under the terms of this Note or the Deed of Trust, the sole recourse of the City for any and all such defaults shall be by judicial foreclosure or by the exercise of the trustee’s power of sale and the Borrower shall not be personally liable for the payment of the Note Amount and accrued interest or for the payment of a ny deficiency established after judicial foreclosure or trustee’s sale. Notwithstanding the foregoing, however, the foregoing shall not in any way affect any rights the City may have (as a secured party or otherwise) hereunder or under the Agreement or the Deed of Trust to recover directly from Borrower any amounts secured by the Deed of Trust, or any funds, damages or costs (including without limitation reasonable attorneys’ fees and costs) incurred by the City as a result of fraud, misrepresentation or waste, and any costs and expenses incurred by the City in connection thereof (including without limitation reasonable attorneys’ fees and costs).

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5. Waivers
a. Borrower expressly agrees that this Note or any payment hereunder may be extended from time to time at the City’s sole discretion and that the City may accept security in consideration for any such extension or release of any security for this Note at its sole discretion all without in any way affecting the liability of Borrower. b. No extension of time for payment of this Note made by agreement by the City with any person now or hereafter liable for the payment of this Note shall operate to release, discharge, modify, change or affect the original liability of Borrower under this Note, either in whole or in part.
c. The obligations of Borrower under this Note shall be absolute and Borrower waives any and all rights to offset, deduct or withhold any payments or charges due under this Note for any reasons whatsoever.
d. Borrower waives presentment, demand, notice of protest and nonpayment, notice of default or delinquency, notice of acceleration, notice of costs, expenses or leases or interest thereon, notice of dishonor, diligence in collection or in proceeding against any of the rights of interests in or to properties securing of this Note, and the benefit of any exemption under any homestead exemption laws, if applicable.
e. No previous waiver and no failure or delay by City in acting with respect to the terms of this Note or the Deed of Trust shall con stitute a waiver of any breach, default, or failure or condition under this Note, the Deed of Trust or the obligations secured thereby. A waiver of any term of this Note, the Deed of Trust or of any of the obligations secured thereby must be made in writing and shall be limited to the express written terms of such waiver.

6. Attorneys’ Fees and Costs. Borrower agrees that if any amounts due under this Note are not paid when due, to pay in addition, all costs and expenses of collection and reasonable attorneys’ fees paid or incurred in connection with the collection or enforcement of this Note, whether or not suit is file.

7. Joint and Several Obligation. This Note is the joint and several obligation of all makers, sureties, guarantors and endorsers, and shall be binding upon them and their heirs, successors and assigns

8. Amendments and Modifications. This Note may not be change orally, but only by an amendment in writing signed by Borrower and by the City.

9. City May Assign. City may, at its option, assign its right to receive payment under this Note without necessity of obtaining the consent of the Borrower.

10. Borrower Assignment Prohibited. In no event shall Borrower assign or transfer any portion of this Note without the prior express written consent of the Cit y, which consent shall not unreasonably be withheld.

11. Terms. Any terms not separately defined herein shall have the same meanings as set forth in the Agreement.

12. Acceleration and Other Remedies. Upon: (a) the occurrence of an event of Default as defined in the Agreement, or (b) Borrower selling, contracting to sell, giving an option to purchase, conveying, leasing, further encumberi ng, mortgaging, assigning or alienating the Project whether directly or indirectly, whether voluntarily or involuntarily, or by operation of law, RES. NO. 2024-28
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or any interest in the Project, or suffering its title, or any interest in the Project to be divested, whether voluntarily or involuntarily, without the consent of the City, the City may, at the City’s option, declare the outstanding principal amount of this Note, together with the then accrued and unpaid interest thereon and other charges hereunder, and all other sums secured by the Deed of Trust, to be due and payable immediately, and upon such declaration, such principal and interest and other sums shall immediately become and be due and payable without demand or notice, all as further set forth in the Deed of T rust. All costs of collection, including, but not limited to, reasonable attorneys’ fees and all expenses incurred in connection with protection of, or realization on, the security for this Note, may be added to the principal hereunder, and shall accrue interest as provided herein. The City shall at all times have the right to proceed against any portion of the security for this Note in such order and in such manner, as such the City may consider appropriate, without waiving any rights with respect to any of the security. Any delay or omission on the part of the City in exercising any right hereunder, under the Agreement or under the Deed of Trust shall not operate as a waiver of such right, or of any other right. No single or partial exercise of any right or remedy hereunder or under the Agreement or any other document or agreement shall preclude other or further exercises thereof, or the exercise of any other right or remedy. The acceptance of payment of any sum payable hereunder, or part thereof, after the due date of such payment shall not be a waiver of City’s right to either require prompt payment when due of all other sums payable hereunder or to declare an Event of Default for failure to make prompt or complete payment.

13. Consents. Borrower hereby consents to: (a) any renewal or extension (whether one or more) of the terms of the Agreement or the terms or time of payment under this Note, (b) the release or surrender or exchange or substitution of all or any part of the security, whether real or personal, or direct or indirect, for the payment hereof, (c) the granting of any other indulgences to Borrower, and (d) the taking or releasing of other or additional parties primarily or contingently liable hereunder. Any such renewal, extension, modific ation, release, surrender, exchange or substitution may be made without notice to Borrower or to any endorser, guarantor or surety hereof, and without affecting the liability of said parties hereunder.

14. Successors and Assigns. Whenever the “City” is re fer to in this Note, such reference shall be deemed to include the City of Simi Valley and its successors and assigns, including, without limitation, any subsequent assignee or holder of this Note. All covenants, provisions and agreements by or on behalf of Borrower, and on behalf of any makers, endorsers, guarantors and sureties hereof which are contained herein shall inure to the benefit of the City and City’s successors and assigns.

15. Usury. It is the intention of Borrower and the City to conform strictly to the Interest Law, as defined below, applicable to this loan transaction. Accordingly, it is agreed that notwithstanding any provision to the contrary in this Note, or in any of the documents securing payment hereof or otherwise relating hereto, the aggregate of all interest and any other charges or consideration constituting interest under the applicable Interest Law that is taken, reserved, contracted for, charged or received under this Note, or under any of the other aforesaid agreements or otherwise in connection with this loan transaction, shall under no circumstances exceed the maximum amount of interest allowed by the Interest Law applicable to this loan transaction. If any excess of interest in such respect is provided for in this Note, or in any of the documents securing payment hereof or otherwise relating hereto, then, in such event:
a. the provisions of this paragraph shall govern and control; b. neither Borrower nor Borrower’s heirs, legal representatives, successors or assigns shall be obligated to pay the amount of such interest to the extent that it is in excess of the maximum amount of interest allowed by the Interest Law applicable to this loan transaction; RES. NO. 2024-28
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c. any excess shall be deemed canceled automatically and, if theretofore paid, shall be credited on this Note by City or, if this Note shall have been paid in full, refunded to Borrower; and
d. the effective rate of interest shall be automatically subject to reduction to the Maximum Legal Rate of Interest (as defined below), allowed under such Interest Law, as now or hereafter construed by courts of appropriate jurisdiction. To the extent permitted by the Interest Law applicable to this loan transaction, all sums paid or agreed to be paid to the City for the use, forbearance or deten tion of the indebtedness evidenced hereby shall be amortized, prorated, allocated and spread throughout the full term of this Note. For purposes of this Note, “Interest Law” shall mean any present or future law of the State of California, the United States of America, or any other jurisdiction, which has application to the interest and other charges under this Note.

The “Maximum Legal Rate of Interest” shall mean the maximum rate of interest that City may from time to time charge Borrower, and under which Borrower would have no claim or defense of usury under the Interest Law.

16. Miscellaneous. Time is of the essence hereof. This Note shall be governed by and construed under the laws of the State of California except to the extent Federal laws preempt the laws of the State of California. Developer irrevocably and unconditionally submits to the jurisdiction of the Superior Court of the State of California for the County of Ventura or the United States District Court of the Central District of California, as City hereof may deem appropriate, or, if required, the Municipal Court of the State of California for the County of Ventura, in connection with any legal action or proceeding arising out of or relating to this Note. Borrower also waives any objection regarding personal or in rem jurisdiction or venue.

17. No Personal Liability. In the event of any default under the terms of this Note or the Deed of Trust, the sole recourse of the City for any and all such defaults shall be by judicial foreclosure or by the exercise of the trustee’s power of sale, and neither Borrower or any partner of Borrower shall be personally liable for the payment of this Note or for the payment of any deficiency established after judicial foreclosure or trustee’s sale; provided, however, that the foregoing shall not in any way affect any rights the City may have (as a secured party or otherwise) hereunder or under the Agreement or Deed of Trust to recover directly from Borrower any amounts secured by the Deed of Trust, or any funds, damages or costs (including without limitation reasonable attorneys’ fees and costs) incurred by the City as a result of fraud, misrepresentation or waste, and any costs and expenses incurred by the City in connection thereof (including without limitation reasonable attorneys’ fees and costs).

BORROWER:
1850 HSA, LLC, a California limited liability company

By: Chris Itule
Its: Managing Member
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RECORDING REQUESTED BY )
AND WHEN RECORDED RETURN TO: )
)
City of Simi Valley )
2929 Tapo Canyon Road )
Simi Valley, California 93063 )
Attention: City Clerk’s Office )
)
The Undersigned declares that this document is
recorded for the benefit of the City of Simi Valley and therefore is exempt from the payment of a recording fee pursuant to Government Code Section 6103 and 27383.

DEED OF TRUST
With Assignment of Leases and Rents, Security Agreement, Financing Statement and Fixture Filing

THIS DEED OF TRUST WITH ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT, FINANCING STATEMENT, AND FIXTURE FILING (“Deed of Trust”), entered into as of __________, 20 24, is made by and among 1850 HSA, LLC, a California limited liability company (“Trustor”), TITLE COMPANY (“Trustee”), and the CITY OF SIMI VALLEY, a municipal corporation, organized and existing under laws of the State of California (“Beneficiary”). The addresses of the parties are set forth in Section 7.11 of this Deed of Trust.

ARTICLE I. GRANT IN TRUST

1.1 Grant. For the purposes of and upon the terms and conditions in this Deed of Trust, Trustor irrevocably grants, conveys and assigns to Trustee, in trust for the benefit of Beneficiary, with power of sale and right of entry and possession, all that real property located in the City of Simi Valley, County of Ventura, State of California, described on Exhibit A attached hereto, together with all development rights or credits, air rights, water, water rights and water stock related to the real property, and all minerals, oil and gas, and other hydrocarbon substances in, on or under the real property, and tax reimbursements, appurtenances, easements, rights and rights of way appurtenant or related thereto, all buildings, other improvements and fixtures now or hereafter located on the real property, including, but not limited to, Trustor’s interest in all apparatus, equipment, and appliances used in the operation or occupancy of the real property, it being intended by the parties that all such items shall be conclusivel y considered to be a part of the real property, whether or not attached or affixed to the real property (the “Improvements”); and all interest or estate which Trustor may hereafter acquire in the property described above, and all additions and accretions t hereto, and the proceeds of any of the foregoing (all of the foregoing being collectively referred to as the “Subject Property”). The listing of specific rights or property shall not be interpreted as a limit of general terms.

1.2 Address. The address of the Subject Property is [1850 Heywood Street,] Simi Valley, California. However, neither the failure to designate an address nor any inaccuracy in the address designated shall affect the validity or priority of the lien of this Deed of Trust on the Subje ct Property as described on Exhibit A.

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ARTICLE II. OBLIGATIONS SECURED

2.1 Obligations Secured. Trustor makes this grant and assignment pursuant to a Loan Agreement between Trustor and Beneficiary entered into as of __________, 2024 (the “Loan Agreement”), for the purpose of securing the following obligations (“Secured Obligations”):
(a) Payment to Beneficiary of all sums at any time owing under that certain Promissory Note (“Note”) in the amount of Five Hundred Thousand Dollars, ($500,000) of even date herewith, executed by Trustor, as maker, and payable to the order of Beneficiary, as holder; and (b) Payment and performance of all covenants and obligations of Trustor under this Deed of Trust; and
(c) Payment and performance of all future advances and other obligations that the then record owner of all or part of the Subject Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of Beneficiary, when such future advance or obligation is evidenced by a writing which recites that it is secured by this Deed of Trust; and (d) All modifications, extensions and renewals of any of the obligations secured hereby, however evidenced, including, without limitation: (i) modifications of the required principal payment dates or interest payment dates or both, as the case may be, deferring or accelerating payment dates wholly or partly; and (ii) modifications, extensions or renewals at a different rate of interest whether or not in the case of a note, the modification, extension or renewal is evidenced by a new or additional promissory note or notes.

2.2 Obligations. The term “obligations” is used herein in its broadest and most comprehensive sense and shall be deemed to include, without limitation, all interest and charges, prepayment charges, if any, late charges and loan fees at any time accruing or assessed on any of the Secured Obligations.

2.3 Incorporation. All terms of the Secured Obligations and the document evidencing such obligations are incorporated herein by this reference. All persons who may have or acquire an interest in the Subject Property shall be deemed to have notice of the terms of the Secured Obligations and to have notice, if applicable and provided therein, that: (a) the Note may permit borrowing, repayment and re-borrowing so that repayments shall not reduce the amounts of the Secured Obligations; and (b) the rate of interest on one or more Secured Obligations may vary from time to time.

ARTICLE III. ASSIGNMENT OF LEASES AND RENTS

3.1 Assignment. Trustor hereby irrevocably, absolutely, unconditionally, and presently assigns, transfers, conveys, sets over, and delivers to Beneficiary, subject to the rights of any senior lienholders, all of Trustor’s right, title and interest in, to and under: (a) all leases of the Subject Property or any portion thereof, all licenses and agreements relating to the management, leasing or operation of the Subject Property or any portion thereof, and all other agreements of any kind relating to the use, en joyment or occupancy of the Subject Property or any portion thereof, whether now existing or entered into after the date hereof (“Leases”); and (b) the rents, issues, deposits, income, revenues, royalties, earnings and profits of the Subject Property, including, without limitation, all amounts payable and all rights and benefits accruing to Trustor under the Leases, all oil, gas and other mineral royalties, and all rents, issues, deposits, income, revenues, royalties, earnings and profits arising from the u se or operation of coin operated laundry machines, vending machines, and all other coin operated machines (“Payments”). The term “Leases” shall also include all guarantees of and security for the lessees’ performance thereunder, and all amendments, extens ions, renewals or modifications thereto RES. NO. 2024-28
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which are permitted hereunder. This is a present, absolute, perfected, choate and unconditional assignment, not an assignment for security purposes only, and Beneficiary’s right to the Leases and Payments is not con tingent upon, and may be exercise without possession of, the Subject Property.

3.2 Grant of License. Beneficiary confers upon Trustor a license (“License”) to collect and retain the Payments as they become due and payable, until the occurrence of a Defaul t (as hereinafter defined). Upon a Default, the License shall be automatically revoked and, subject to the rights of any senior lienholders, Beneficiary may collect and apply the Payments pursuant to Section 6.4 without further notice other than as requir ed in Article VI hereof, without taking possession of the Subject Property, without having a receiver appointed, and without taking any other action. Trustor hereby irrevocably authorizes and directs the lessees under the Leases to rely upon and comply with any notice or demand by Beneficiary for the payment by such lessees directly to Beneficiary of any rental or other sums which may at any time become due under the Leases, or for the performance of any of the lessees’ undertakings under the Leases, and t he lessees shall have no right or duty to inquire as to whether any Default has actually occurred or is then existing hereunder. Trustor hereby relieves the lessees from any liability to Trustor by reason of relying upon and complying with any such notice or demand by Beneficiary.

3.3 Effect of Assignment. The foregoing irrevocable Assignment shall not cause Beneficiary to be: (a) a mortgagee in possession; (b) responsible or liable for the control, care, management or repair of the Subject Property or f or performing any of the terms, agreements, undertakings, obligations, representations, warranties, covenants and conditions of the Leases; or (c) responsible or liable for any waste committed on the Subject Property by the lessees under any of the Leases or any other parties; for any dangerous or defective condition of the Subject Property; or for any negligence in the management, upkeep, repair or control of the Subject Property resulting in loss or injury or death to any lessee, licensee, employee, invit ee or other person. Beneficiary shall not directly or indirectly be liable to Trustor or any other person as a consequence of: (i) the exercise or failure to exercise any of the rights, remedies or powers granted to Beneficiary hereunder; (ii) the failure or refusal of Beneficiary to perform or discharge any obligation, duty or liability of Trustor arising under the Leases.

3.4 [Reserved]

3.5 Covenants. Trustor covenants and agrees at Trustor’s sole cost and expense to:
(a) perform the obligations of lessor contained in the Leases and enforce by all available remedies performance by the lessees of the obligations of the lessees contained in the Leases; (b) give Beneficiary prompt written notice of any default which occurs with respect to any of the Lease s, whether the default be that of the lessee or of the lessor; (c) exercise Trustor’s best efforts to keep all portions of the Subject Property that are currently subject to Leases leased at all times at rentals not less than the maximum rent permitted und er the regulatory agreements and other restrictions encumbering the Subject Property; (d) deliver to Beneficiary fully executed, counterpart original(s) of each and every Lease if requested to do so; and (e) execute and record such additional assignments of any Lease or specific subordinations of any Lease to this Deed of Trust, in form and substance acceptable to Beneficiary, as Beneficiary may request. Trustor shall not, without Beneficiary’s prior written consent: (i) enter into any Leases after the dat e of this Assignment other than for occupancy of portions of the Subject Property; (ii) execute any other assignment relating to any of the Leases except to construction loans and permanent loans and refinancings of those loans which have been approved by Beneficiary or are permitted pursuant to the Agreement; (iii) discount any rent or other sums due under the Leases or collect the same in advance, other than to collect rent one (1) month in advance of the time when it becomes due; (iv) terminate, modify o r amend any of the terms of the Leases or in any manner release or discharge the lessees from any obligations thereunder, except in the ordinary course of business; or (v) subordinate or agree to subordinate any of the Leases to any other deed of trust or RES. NO. 2024-28
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encumbrance except to construction loans and permanent loans which have been approved by Beneficiary or are permitted pursuant to the Agreement. Any such attempted action in violation of the provisions of this Section 3.5 shall be null and void. Without in any way limiting the requirement of Beneficiary’s consent hereunder, any sums received by Trustor in consideration of any termination (or the release or discharge of any lessee), modification or amendment of any Lease shall be applied to reduce the outs tanding Secured Obligations and any such sums received by Trustor shall be held in trust by Trustor for such purpose.

3.6 Estoppel Certificates. Within thirty (30) days after request by Beneficiary, Trustor shall deliver to Beneficiary and to any party de signated by Beneficiary estoppel certificates executed by Trustor and by each of the lessees, in recordable form, certifying (if such be the case): (i) that the foregoing assignment and the Leases are in full force and effect; (ii) the date of each lessee’s most recent payment of rent; (iii) that there are no defenses or offsets outstanding, or stating those claimed by Trustor or lessees under the foregoing assignment or the Leases, as the case may be; and (iv) any other information reasonably requested by Beneficiary.

ARTICLE IV. SECURITY AGREEMENT, FINANCING STATEMENT, AND FIXTURE FILING

4.1 Security Interest. Trustor hereby grants and assigns to Beneficiary as of the recording date of this Deed Of Trust a second priority interest, junior and subordinate only to the ________TBD________ construction loan, in an amount not to exceed Dollars ($ ,000,000) (the " TBD "), (collectively, the “Senior Loan”). After project construction is complete and the permanent loans have been recorded, the City Loan will be junior and subordinate only to the _______TBD_______ Loan “Senior Loan”), to secu re payment and performance of all of the Secured Obligations, in all of Trustor’s interest in the following described personal property in which Trustor now or at any time hereafter has any interest (“Collateral”):

All goods, building and other materials, supplies, work in process, equipment, machinery, fixtures, furniture, furnishings, signs and other personal property, wherever situated, which are or are to be incorporated into, used in connection with, or appropriated for use on all or any part of the Subject Property (to the extent the same are not effectively made a part of the Subject Property pursuant to Section 1.1 above); together with all rents, issues, deposits and profits of the Subject Property (to the extent, if any, they are not subject to Art icle III); all inventory, accounts, cash receipts, deposit accounts, accounts receivable, contract rights, general intangibles, chattel paper, instruments, documents, notes, drafts, letters of credit, insurance policies, insurance and condemnation awards a nd proceeds, any other rights to the payment of money, trade names, trademarks and service marks arising from or related to the Subject Property or any business now or hereafter conducted thereon by Trustor; all permits, consents, approvals, licenses, authorizations and other rights granted by, given by or obtained from, any governmental entity with respect to the Subject Property; all deposits or other security now or hereafter made with or given to utility companies by Trustor with respect to the Subject Property; all advance payments of insurance premiums made by Trustor with respect to the Subject Property; all plans, drawings and specifications relating to the Subject Property; all loan funds held by Beneficiary, whether or not disbursed; all funds deposited with Beneficiary pursuant to any loan agreement; all reserves, deferred payments, deposits, accounts, refunds, cost savings and payments of any kind related to the Subject Property or any portion thereof; together with all replacements and proceeds o f, and additions and accessions to, any of the foregoing; together with all books, records and files relating to any of the foregoing. As to all of the above described personal property which is or which hereafter becomes a “fixture” under applicable law, this Deed of Trust constitutes a fixture filing under Section 9313, Section 9302(6), and all other applicable sections of the California Uniform Commercial Code, as amended or re -codified from time to time, and is acknowledged and agreed to be a “construction mortgage” under such Sections.

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4.2 Representations and Warranties. Trustor represents and warrants that: (a) Trustor has, or will have, good title to the Collateral; (b) Trustor has not previously assigned or encumbered the Collateral, except pursuant to any deeds of trust securing the Senior Loan, and no financing statement covering any of the Collateral has been delivered to any other person or entity except as required under the Senior Loan; and (c) Trustor’s principal place of business is located at the address shown in Section 7.11.

4.3 Rights of Beneficiary. In addition to Beneficiary’s rights as a “Secured Party” under the California Uniform Commercial Code, as amended or recodified from time to time (“UCC”), Beneficiary may, but shall no t be obligated to, at any time without notice and at the expense of Trustor: (a) give notice to any person of Beneficiary’s rights hereunder and enforce such rights at law or in equity; (b) insure, protect, defend and preserve the Collateral or any rights or interests of Beneficiary therein; (c) inspect the Collateral; and (d) endorse, collect and receive any right to payment of money owing to Trustor under or from the Collateral. Notwithstanding the above, in no event shall Beneficiary be deemed to have accepted any property other than cash in satisfaction of any obligation of Trustor to Beneficiary unless Beneficiary shall make an express written election of said remedy under UCC §9505, or other applicable law.

4.4 Rights of Beneficiary on Default. Upon the occurrence of a Default under this Deed of Trust, then in addition to all of Beneficiary’s rights as a “Secured Party” under the UCC or otherwise at law:

(a) Beneficiary may (i) upon written notice, require Trustor to assemble any or all of the Collateral and make it available to Beneficiary at a place designated by Beneficiary; (ii) without prior notice, enter upon the Subject Property or other place where any of the Collateral may be located and take possession of, collect, sell, and dispose of any or all of the Collateral, and store the same at locations acceptable to Beneficiary at Trustor’s expense; (iii) sell, assign and deliver at any place or in any lawful manner all or any part of the Collateral and bid and become purchaser at any such sales; and

(b) Beneficiary may, for the account of Trustor and at Trustor’s expense: (i) operate, use, consume, sell or dispose of the Collateral as Beneficiary deems appropriate for the purpose of performing any or all of the Secured Obligations; (ii) enter into any agreement, compromise, or settlement, including insurance claims, which Beneficiary may deem desirable or proper with respect to any of the Collateral; and (iii) endorse and deliver evidences of title for, and receive, enforce and collect by legal action or otherwise, all indebtedness and obligations now or hereafter owing to Trustor in connection with or on account of any or all of the Collateral.

Notwithstanding any other provision hereof, Beneficiary shall not be deemed to have accepted any property other than cash in satisfaction of any obligation of Trustor to Beneficiary unless Trustor shall make an express written election of said remedy under UCC §9505, or other applicable law.

4.5 [Reserved]

4.6 Possession and Use of Collateral. Except as otherwise provided in this Section or the other Loan Documents (as defined in Section 6.2(h), below), so long as no Default exists under this Deed of Trust or any of the Loan Documents, Trustor may possess, use, move, transfer or dispose of any of the Collateral in the ordinary course of Trustor’s business and in accordance with the Loan Documents.

4.7 Subordination. Beneficiary hereby subjects and subordinates the lien of this Deed of Trust to the deeds of trust securing the Senior Loan, and any o ther financing or refinancing permitted or approved pursuant to the Agreement and/or the Regulatory Agreement and Declaration of Restrictive Covenants executed by Trustor and Beneficiary in connection with the loan secured by this Deed of Trust.

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ARTICLE V. RIGHTS AND DUTIES OF THE PARTIES

5.1 Title. Trustor represents and warrants that, except as disclosed to Beneficiary in writing which refers to this warranty, Trustor lawfully holds and possesses fee simple title to the Subject Property without limitation on the right to encumber, and that this Deed of Trust is a third lien on the Subject Property and on the Collateral, subject and subordinate only to the liens of the deeds of trust securing, and any regulatory agreements related to, the Senior Loan.

5.2 Taxes and Assessments. Subject to Trustor’s rights to contest payment of taxes, Trustor shall pay prior to delinquency all taxes, assessments, levies and charges imposed by any public or quasi-public authority or utility company which are or which may become a lien upon or cause a loss in value of the Subject Property or any interest therein. Trustor shall also pay prior to delinquency all taxes, assessments, levies and charges imposed by any public authority upon Beneficiary by reason of its interest in any Secured Obligation or in the Subject P roperty, or by reason of any payment made to Beneficiary pursuant to any Secured Obligation; provided, however, Trustor shall have no obligation to pay taxes which may be imposed from time to time upon Beneficiary and which are measured by and imposed upon Beneficiary’s net income.

5.3 Performance of Secured Obligations. Trustor shall promptly pay and perform each Secured Obligation when due.

5.4 [Reserved]

5.5 Liens, Encumbrances and Charges. Trustor shall immediately discharge any lien not approved by Beneficiary in writing that has or may attain priority over this Deed of Trust.

Trustor shall pay when due all obligations secured by or reducible to liens and encumbrances which shall now or hereafter encumber or appear to encumber all or any part o f the Subject Property or any interest therein, whether senior or subordinate hereto.

5.6 Damages; Insurance and Condemnation Proceeds.

(a) The following (whether now existing or hereafter arising) are all absolutely and irrevocably assigned by Trustor to Beneficiary and, at the request of Beneficiary, subject to any senior assignment to the holder(s) of the deeds of trust securing the Senior Loan and the refinancing thereof as permitted hereunder, shall be paid directly to Beneficiary: (i) all awards of damages and all other compensation payable directly or indirectly by reason of a condemnation or proposed condemnation for public or private use affecting all or any part of, or any interest in, the Subject Property; (ii) all other claims and awards for damages to, or decrease in value of, all or any part of, or any interest in, the Subject Property; (iii) all proceeds of any insurance policies payable by reason of loss sustained to all or any part of the Subject Property; and (iv) all interest which may accrue on any of the foregoing. Subject to applicable law, and without regard to any requirement contained in Section 5.7(d), Beneficiary may at its discretion apply all or any of the proceeds it receives to its expenses in settling, prosecuting or defending any claim and may apply the balance to the Secured Obligations in any order, and/or Beneficiary may release all or any part of the proceeds to Trustor upon any conditions Beneficiary may impose. Beneficiary may commence, appear in, defend or prosecut e any assigned claim or action and may adjust, compromise, settle and collect all claims and awards assigned to Beneficiary; provided, however, that if Beneficiary fails to pursue any such claim, Beneficiary shall assign or permit Trustor to pursue such claim upon Trustor’s request, and in no event shall Beneficiary be responsible for any failure to collect any claim or award, regardless of the cause of the failure.

(b) Subject to the rights of holders of the Senior Loan, Beneficiary shall permit insurance or condemnation proceeds held by Beneficiary to be used for repair or restoration but may condition such application upon reasonable conditions, including, without limitation: (i) the deposit with Beneficiary of such additional funds which Beneficiary r easonably determines are needed to pay all cost of the repair or restoration, (including, without limitation, taxes, financing charges, insurance and rent during the repair period); (ii) the establishment of an arrangement for RES. NO. 2024-28
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lien releases and disbursement of funds acceptable to Beneficiary; (iii) the delivery to Beneficiary of plans and specifications for the work, a contract for the work signed by a contractor reasonably acceptable to Beneficiary, a cost breakdown for the work and a payment and performance bond for the work, all of which shall be acceptable to reasonably Beneficiary; and (iv) the delivery to Beneficiary of evidence acceptable to Beneficiary (aa) that after completion of the work the income from the Subject Property will be sufficient to p ay all expenses and debt service for the Subject Property; (bb) that upon completion of the work, the size, capacity and total value of the Subject Property will be at least as great as it was before the damage or condemnation occurred, subject to City laws, ordinances, regulations and standards then in effect; (cc) that there has been no material adverse change in the financial condition or credit of Trustor since the date of this Deed of Trust which would have material adverse impact on the ability of Tru stor to perform its obligations hereunder; and (ee) the satisfaction of any additional conditions that Beneficiary may reasonably establish to protect its security. Trustor hereby acknowledges that the conditions described above are reasonable.

5.7 Maintenance and Preservation of the Subject Property. Trustor covenants: (a) to insure the Subject Property against such risks as Beneficiary may require and, at Beneficiary’s request, to provide evidence of such insurance to Beneficiaries, and to comply wit h the requirements of any insurance companies insuring the Subject Property; (b) to keep the Subject Property in good condition and repair; (c) except with Beneficiary’s prior written consent, not to remove or demolish the Subject Property or any part thereof; (d) to complete or restore promptly and in good and workmanlike manner the Subject Property, or any part thereof which may be damaged or destroyed, without regard to whether Beneficiary elects to require that insurance proceeds be used to reduce the S ecured Obligations as provided in Section 5.6, except to the extent that the damage or destruction is due to a casualty which Trustor is not required to insure against and in fact does not insure against, or to the extent that insurance proceeds are not made available to Trustor; (e) to comply with all laws, ordinances, regulations and standards, and all covenants, conditions, restrictions and equitable servitudes, whether public or private, of every kind and character which affect the Subject Property and pertain to acts committed or conditions existing thereon, including, without limitation, any work, alteration, improvement or demolition mandated by such laws, covenants or requirements; (f) not to commit or permit waste of the Subject Property; and (g) to do all other acts which from the character or use of the Subject Property may be reasonably necessary to maintain and preserve its value.

5.8 Defense and Notice of Losses, Claims and Actions. At Trustor’s sole expense, Trustor shall protect, preserve and defend the Subject Property and title to and right of possession of the Subject Property, the security hereof and the rights and powers of Beneficiary and Trustee hereunder against all adverse claims. Trustor shall give Beneficiary and Trustee prompt n otice in writing of the assertion of any claim of the filing of any action or proceeding, of the occurrence of any damage to the Subject Property and of any condemnation offer or action.

5.9 Acceptance of Trust; Powers and Duties of Trustee. Trustee accepts this trust when this Deed of Trust is recorded. From time to time upon written request of Beneficiary and presentation of this Deed of Trust or a certified copy thereof for endorsement, and without affecting the personal liability of any person for p ayment of any indebtedness or performance of any obligations secured hereby, Trustee may, without liability therefor and without notice reconvey all or any part of the Subject Property. Except as may be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trust hereunder and the enforcement of the rights and remedies available hereunder, and may obtain orders or decrees directing or confirming or approving acts in the execution of said trust and the enforcement of said remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding, including, without limitation, actions in which Trustor, Beneficiary or Trustee shall be a party unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated to perform any act required of it hereunder unless the performance of the act is requested in writing and Trustee is reasonably indemnified and held harmless against loss, cost, liability or expense.

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5.10 Compensation; Exculpation; Indemnification.

(a) Trustor shall pay Trustee’s reasonable fees and reimburse Trustee for reasonable expenses in the administration of this trust, including reasonable attorneys’ fees. Trustor shall pay to Beneficiary reasonable compensation for services rendered concerning this Deed of Trust, including without limit any statement of amounts owing under any Secured Obligation. Beneficiary shall not directly or indirectly be liable to Trustor or any other person as a consequence of (i) the exercise of the rights, remedies or powers granted to Beneficiary in this Deed of Trust; (ii) the failure or refusal of Beneficiary to perform or discharge any obligation or liability of Trustor under any agreement relate d to the Subject Property or under this Deed of Trust; or (iii) any loss sustained by Trustor or any third party resulting from Beneficiary’s failure to lease the Subject Property after a Default or from any other act or omission of Beneficiary in managing the Subject Property after a Default unless the loss is caused by the gross negligence or willful misconduct of Beneficiary and no such liability shall be asserted against or imposed upon Beneficiary, and all such liability is hereby expressly waived and released by Trustor.

(b) Trustor indemnifies Trustee and Beneficiary against, and holds Trustee and Beneficiary harmless from, all losses, damages, liabilities, claims, causes of action, judgments, court costs, attorneys’ fees and other legal expenses, cost of evidence of title, cost of evidence of value, and other expenses which either may suffer or incur: (i) by reason of this Deed of Trust; (ii) by reason of the execution of this trust or in performance of any act required or permitted hereunder or by law; or (iii) as a result of any failure of Trustor to perform Trustor’s obligations, except to the extent such matters which are caused as a result of the gross negligence or willful misconduct of Beneficiary or Trustee. The above obligation of Trustor to indemnify and hold harmless Trustee and Beneficiary shall survive the release and cancellation of the Secured Obligations and the release and reconveyance or partial release and reconveyance of this Deed of Trust.

(c) Trustor shall pay all amounts an d indebtedness arising under this Section 5.10 immediately upon demand by Trustee or Beneficiary together with interest thereon from the date the indebtedness arises at the rate of interest applicable to the principal balance of the Note as specified therein.

5.11 Substitution of Trustees. From time to time, by writing, signed and acknowledged by Beneficiary and recorded in the Office of the Recorder of the County in which the Subject Property is situated, Beneficiary may appoint another trustee to act i n the place and stead of Trustee or any successor. Such writing shall set forth any information required by law.

The recordation of such instrument of substitution shall discharge Trustee herein named and shall appoint the new trustee as the trustee here under with the same effect as if originally named Trustee herein. A writing recorded pursuant to the provisions of this Section 5.11 shall be conclusive proof of the proper substitution of such new Trustee.

5.12 Due on Sale or Encumbrance. Absent consent required pursuant to the terms of the Loan Documents, if the Subject Property or any interest therein shall be sold, transferred (including, without limitation, through sale or transfer of a majority or controlling interest of the general partner intere sts of Trustor), mortgaged, assigned, further encumbered or leased, whether directly or indirectly, whether voluntarily, involuntarily or by operation of law, without the prior written consent of Beneficiary, or as otherwise permitted pursuant to the Regul atory Agreement, then Beneficiary, in its sole discretion, may declare all Secured Obligations immediately due and payable.

5.13 Releases, Extensions, Modifications and Additional Security. Without notice to or the consent, approval or agreement of any persons or entities having any interest at any time in the Subject Property or in any manner obligated under the Secured Obligations (“Interested Parties”), Beneficiary may, from time to time, release any person or entity from liability for the payment or performance of any Secured Obligation, take any action or make any agreement extending the maturity or otherwise altering the terms or increasing the amount of any RES. NO. 2024-28
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Secured Obligation, or accept additional security or release all or a portion of the Subject Property and other security for the Secured Obligations. None of the foregoing actions shall release or reduce the personal liability of any of said Interested Parties, or release or impair the priority of the lien of this Deed of Trust upon the Subject Property.

5.14 Reconveyance. Upon Beneficiary’s written request, and upon surrender to Trustee for cancellation of this Deed of Trust or a certified copy thereof and any note, instrument, or instruments setting forth all obligations secured hereby, Trus tee shall reconvey, without warranty, the Subject Property or that portion thereof then held hereunder. To the extent permitted by law, the reconveyance may describe the grantee as “the person or persons legally entitled thereto” and the recitals of any matters or facts in any reconveyance executed hereunder shall be conclusive proof of the truthfulness thereof. Neither Beneficiary nor Trustee shall have any duty to determine the rights of persons claiming to be rightful grantees of any reconveyance.

When the Subject Property has been fully reconveyed, the last such reconveyance shall operate as a reassignment of all future rents, issues and profits of the Subject Property to the person or persons legally entitled thereto.

5.15 Subrogation. Beneficiary shall be subrogated to the lien of all encumbrances, whether released of record or not, paid in whole or in part by Beneficiary pursuant to this Deed of Trust or by the proceeds of any loan secured by this Deed of Trust.

5.16 Right of Inspection. Beneficiary, its agents and employees, may enter the Subject Property at any reasonable time, upon reasonable advance notice except in cases of emergency, for the purpose of inspecting the Subject Property and ascertaining Trustor’s compliance with the terms hereof.

ARTICLE VI. DEFAULT PROVISIONS

6.1 Default. For all purposes hereof, the term “Default” shall mean (a) at Beneficiary’s option, the failure of Trustor to make any payment of principal or interest on the Note or to pay any other amount due hereunder or under the Note when the same is due and payable, whether at maturity, by acceleration or otherwise which is not cured within five (5) days after notice thereof; (b) the failure of Trustor to perform any non -monetary obligation hereunder, or the failure to be true of any representation or warranty of T rustor contained herein and the continuance of such failure for thirty (30) days after notice, or within any longer grace period, if any, allowed in the Agreement for such failure, or (c) the existence of any Default or Event of Default as defined in the Agreement.

6.2 Rights and Remedies. At any time after Default, Beneficiary and Trustee shall each have all the following rights and remedies:

(a) With or without notice, to declare all Secured Obligations immediately due and payable;

(b) With or without notice, and without releasing Trustor from any Secured Obligation, and without becoming a mortgagee in possession, to cure any breach or Default of Trustor and, in connection therewith, to enter upon the Subject Property and do such acts and things as Beneficiary or Trustee deem necessary or desirable to protect the security hereof, including, without limitation: (i) to appear in and defend any action or proceeding purporting to affect the security of this Deed of Trust or the rights or powers of Beneficiary or Trustee under this Deed of Trust; (ii) to pay, purchase, contest or compromise any encumbrance, charge, lien or claim of lien which, in the sole judgment of either Beneficiary or Trustee, is or may be senior in priority to this Deed of Trust, th e judgment of Beneficiary or Trustee being conclusive as between the parties hereto; (iii) to obtain insurance, (iv) to pay any premiums or charges with respect to insurance required to be carried under this Deed of Trust; or (v) to employ counsel, accountants, contractors and other appropriate persons.

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(c) To commence and maintain an action or actions in any court of competent jurisdiction to foreclose this instrument as a mortgage or to obtain specific enforcement of the covenants of Trustor hereunder, and Trustor agrees that such covenants shall be specifically enforceable by injunction or any other appropriate equitable remedy and that for the purposes of any suit brought under this subparagraph, Trustor waives the defense of laches and any applicable statute of limitations;

(d) To apply to a court of competent jurisdiction for and obtain appointment of a receiver of the Subject Property as a matter of strict right and without regard to the adequacy of the security for the repayment of the Secured Obligations, the existence of a declaration that the Secured Obligations are immediately due and payable, or the filing of a notice of default, and Trustor hereby consents to such appointment;

(e) To enter upon, possess, manage and operate the Subject Prope rty or any part thereof, to take and possess all documents, books, records, papers and accounts of Trustor or the then owner of the Subject Property, to make, terminate, enforce or modify the Leases of the Subject Property upon such terms and conditions as Beneficiary deems proper, to make repairs, alterations and improvements to the Subject Property as necessary, in Trustee’s or Beneficiary’s sole judgment, to protect or enhance the security hereof;

(f) To execute a written notice of such Default and of its election to cause the Subject Property to be sold to satisfy the Secured Obligations. As a condition precedent to any such sale, Trustee shall give and record such notice, as the law then requires. When the minimum period of time required by law after such notice has elapsed, Trustee, without notice to or demand upon Trustor except as required by law, shall sell the Subject Property at the time and place of sale fixed by it in the notice of sale, at one or several sales, either as a whole or in separa te parcels and in such manner and order, all as Beneficiary in its sole discretion may determine, at public auction to the highest bidder for cash, in lawful money of the United States, payable at time of sale. Neither Trustor nor any other person or entity other than Beneficiary shall have the right to direct the order in which the Subject Property is sold. Subject to requirements and limits imposed by law, Trustee may from time to time postpone sale of all or any portion of the Subject Property by public announcement at such time and place of sale. Trustee shall deliver to the purchaser at such sale a deed conveying the Subject Property or portion thereof so sold, but without any covenant or warranty, express or implied. The recitals in the deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustee, Trustor or Beneficiary may purchase at the sale.

(g) To resort to and realize upon the security hereunder and any other security now or later held by Beneficiary concurrently or successively and in one or several consolidated or independent judicial actions or lawfully taken non-judicial proceedings, or both, and to apply the proceeds received upon the Secured Obligations all in such order and manner a s Trustee and Beneficiary, or either of them, determine in their sole discretion.

(h) To pursue any other rights and remedies available to Beneficiary or Trustee at law, in equity, or under this Deed of Trust, the Note, or any other agreement, document, or instrument executed in connection therewith (collectively, the “Loan Documents”).

(i) Upon sale of the Subject Property at any judicial or non -judicial foreclosure, Beneficiary may credit bid (as determined by Beneficiary in its sole and absolute discretion) all or any portion of the Secured Obligations. In determining such credit bid, Beneficiary may, but is not obligated to, take into account all or any of the following: (i) appraisals of the Subject Property as such appraisals may be discounted or adjusted by Beneficiary in its sole and absolute underwriting discretion; (ii) expenses and costs incurred by Beneficiary with respect to the Subject Property prior to foreclosure; (iii) expenses and costs which Beneficiary anticipates will be incurred wit h respect to the Subject Property after foreclosure, but prior to resale, including, without limitation, costs of structural reports and other due diligence, costs to carry the Subject Property prior to resale, costs of resale (e.g. commissions, attorneys’ fees, and taxes), costs of RES. NO. 2024-28
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any hazardous materials clean -up and monitoring, costs of deferred maintenance, repair, refurbishment and retrofit, costs of defending or settling litigation affecting the Subject Property, and lost opportunity costs (if any), i ncluding the time value of money during any anticipated holding period by Beneficiary; (iv) declining trends in real property values generally and with respect to properties similar to the Subject Property; (v) anticipated discounts upon resale of the Subject Property as a distressed or foreclosed property; (vi) the fact of additional collateral (if any), for the Secured Obligations; and (vii) such other factors or matters that Beneficiary (in its sole and absolute discretion) deems appropriate. In regard to the above, Trustor acknowledges and agrees that: (w) Beneficiary is not required to use any or all of the foregoing factors to determine the amount of its credit bid; (x) this Section does not impose upon Beneficiary any additional obligations that are not imposed by law at the time the credit bid is made; (y) the amount of Beneficiary’s credit bid need not have any relation to any loan -to-value ratios specified in the Loan Documents or previously discussed between Trustor and Beneficiary; and (z) Beneficiary’s credit bid may be (at Beneficiary’s sole and absolute discretion) higher or lower than any appraised value of the Subject Property. Nothing herein shall diminish or affect Trustor’s right to a fair value determination in accordance with the provis ions of Code of Civil Procedure Section 5802.

6.3 Application of Foreclosure Sale Proceeds. After deducting all costs, fees and expenses of Trustee, and of this trust, including, without limitation, cost of evidence of title and attorneys’ fees in conne ction with sale and costs and expenses of sale and of any judicial proceeding wherein such sale may be made, Trustee shall apply all proceeds of any foreclosure sale: (i) to payment of all sums expended by Beneficiary under the terms hereof and not then repaid, with accrued interest at the rate of interest specified in the Note to be applicable on or after maturity or acceleration of the Note; (ii) to payment of all other Secured Obligations; and (iii) the remainder, if any, to the person or persons legally entitled thereto.

6.4 Application of Other Sums. All sums received by Beneficiary under Section 6.2 or Section 3.2, less all costs and expenses incurred by Beneficiary or any receiver under Section

6.2 or Section 3.2, including, without limitation, attorneys’ fees, shall be applied in payment of the Secured Obligations in such order as Beneficiary shall determine in its sole discretion; provided, however, Beneficiary shall have no liability for funds not actually received by Beneficiary.

6.5 No Cure or Waiver. Neither Beneficiary’s nor Trustee’s nor any receiver’s entry upon and taking possession of all or any part of the Subject Property, nor any collection of rents, issues, profits, insurance proceeds, condemnation proceeds or damages, other securi ty or proceeds of other security, or other sums, nor the application of any collected sum to any Secured Obligation, nor the exercise or failure to exercise of any other right or remedy by Beneficiary or Trustee or any receiver shall cure or waive any brea ch, Default or notice of default under this Deed of Trust, or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and Trustor has cured all other defaults), or impair the status of the security, or prejudice Beneficiary or Trustee in the exercise of any right or remedy, or be construed as an affirmation by Beneficiary of any tenancy, lease or option or a subordination of the lien of this Deed of Trust.

6.6 Payment of Costs, Expenses and Attorney’s Fees. Trustor agrees to pay to Beneficiary immediately and without demand all costs and expenses incurred by Trustee and Beneficiary pursuant to subparagraphs (a) through (i) inclusive of Section 6.2 (including, without limitation, court costs and attorneys’ fees, whether incurred in litigation or not) with interest from the date of expenditure until said sums have been paid at the rate of interest then applicable to the principal balance of the Note as specified therein. In addition, Trustor shall pay to Trustee all Trustee’s fees hereunder and shall reimburse Trustee for all expenses incurred in the administration of this trust, including, without limitation, any attorneys’ fees.

ARTICLE VII. MISCELLANEOUS PROVISIONS

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7.1 Additional Provisions. The Loan Documents contain or incorporate by reference the entire agreement of the parties with respect to matters contemplated herein and supersede all prior negotiations. The Loan Documents grant further rights to Beneficiary and contain further agreements and affirmative and negative covenants by Trustor which apply to this Deed of Trust and to the Subject Property and such further rights and agreements are incorporated herein by this reference.

7.2 Merger. No merger shall occur as a result of Beneficiary’s acquiring any other estate in, or any other lien on, the Subject Property unless Beneficiary consents to a merger in writing.

7.3 Obligations of Trustor, Joint and Several. If more than one person has executed this Deed of Trust as “Trust or,” the obligations of all such persons hereunder shall be joint and several.

7.4 Non-Recourse Obligation. In the event of any default under the terms of the Note or this Deed of Trust, the sole recourse of Beneficiary for any and all such defaults shall be by judicial foreclosure or by the exercise of the trustee’s power of sale, and neither Trustor nor any Partner thereof shall be personally liable for the payment of the Note or for the payment of any deficiency established after judicial foreclosure or trustee’s sale; provided, however, that the foregoing shall not in any way affect any rights Beneficiary may have (as a secured party or otherwise) hereunder or under the Agreement or this Deed of Trust to recover directly from Trustor any amounts secured by this Deed of Trust, or any funds, damages or costs (including without limitation reasonable attorneys’ fees and costs) incurred by Beneficiary as a result of fraud, misrepresentation or waste, and any costs and expenses incurred by Beneficiary in con nection thereof (including without limitation reasonable attorneys’ fees and costs).

7.5 Waiver of Marshalling Rights. Trustor, for itself and for all parties claiming through or under Trustor, and for all parties who may acquire a lien on or interest i n the Subject Property, hereby waives all rights to have the Subject Property and/or any other property, including, without limitation, the Collateral, which is now or later may be security for any Secured Obligation (“Other Property”) marshalled upon any foreclosure of this Deed of Trust or on a foreclosure of any other security for any of the Secured Obligations. Beneficiary shall have the right to sell, and any court in which foreclosure proceedings may be brought shall have the right to order a sale of , the Subject Property and any or all of the Collateral or Other Property as a whole or in separate parcels, in any order that Beneficiary may designate.

7.6 Rules of Construction. When the identity of the parties or other circumstances make it appropriate the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. The term “Subject Property” means all and any part of the Subject Property and any interest in the Subject Property.

7.7 Successors in Interest. The terms, covenants, and conditions herein contained shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties hereto; provided, however, that this Section does not waive or modify the provisions of Section

5.12. 7.8 Execution in Counterparts. This Deed of Trust may be executed in any number of counterparts, each of which, when executed and delivered to Beneficiary, will be deemed to be an original and all of which, taken together, will be deemed to be one and the same instrument.

7.9 California Law. This Deed of Trust shall be construed in accordance with the laws of the State of California, except to the extent that Federal laws preempt the laws of the State of California.

7.10 Incorporation. Exhibit A is incorporated into this Deed of Trust by this reference.

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7.11 Notices. All notices or other communications required or permitted to be given pursuant to the provisions of this Deed of Trust shall be in writing and shall be considered as properly given if delivered personally or sent by first class U.S. mail, postage prepaid, except that notice of a Default may be sent by certified mail, return receipt requested, or by overnight express mail or by commercial courier service, charges prepaid. Notices so sent shall be effective three (3) days after mailing, if mailed by first class mail, and otherwise upon receipt at the addresses set forth below. For purposes of notice, the addresses of the parties shall be:

To Beneficiary: City of Simi Valley
Attn: Environmental Services Director
2929 Tapo Canyon Road
Simi Valley, CA 93063

To Trustor: 1850 HSA, LLC
Attn: Adrian Stern
17404 Ventura Blvd., Second Floor
Encino, CA 91316

To Trustee: Title Insurance Company

Any party hereto may change its address for notice hereunder to any other location within the continental United States by the giving of a thirty (30) day notice to the other parties in the manner set forth hereinabove. Trustor shall forward to Beneficiary, without delay, any notice s, letters or other communications delivered to the Subject Property or to Trustor naming Beneficiary, “Lender” or the “Construction Lender” or any similar designation as addressee, or which could reasonably be deemed to affect the ability of Trustor to perform its obligations to Beneficiary under the Note.

7.12 Waiver of Set Off Rights. Trustor hereby waives all rights to set off, against any amount owed by Trustor under the Loan Documents, any claims Trustor may have against Beneficiary, including, without limitation, the rights afforded by California Code of Civil Procedure Section 431.70.

7.13 Trustor’s Request for Notice of Default and Notice of Sale. Trustor hereby requests that a copy of any notice of default or notice of sale under this deed of trust be mailed to trustor at the address set forth in section 7.11 of this Deed of Trust.

7.14 Section 42 Provisions. Beneficiary agrees that the lien of this Deed of Trust shall be subordinate to any extended low -income housing commitment (as such term i s defined in Section 42(h)(6)(B) of the Internal Revenue Code) (the “Extended Use Agreement”) recorded against the Property, provided that such Extended Use Agreement, by its terms, must terminate upon foreclosure under this Deed of Trust or upon transfer of the Property by instrument in lieu of foreclosure, in accordance with Section 42(h)(6)(e) of the internal Revenue Code.

IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the day and year set forth above.

TRUSTOR:
1850 HSA, LLC, A California Limited Liability Company

By: Chris Itule
Its: Managing Member
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EXHIBIT “A”

LEGAL DESCRIPTION

THE LAND REFERRED TO IN THIS COMMITMENT IS SITUATED IN THE CITY OF

SIMI VALLEY, COUNTY OF VENTURA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

PARCEL 2 AS SHOWN ON THE MAP ENTITLED PARCEL MAP NO. LD -S-667 FILED APRIL 15, 2015 IN BOOK 70 OF PARCEL MAPS, AT PAGES 67 TO 70 INCLUSIVE, IN THE CITY OF SIMI VALLEY, COUNTY OF VENTURA, STATE OF CALIFORNIA.

EXCEPT THEREFROM ONE-TENTH PART OF THE TOTAL (GROSS) OIL, GAS OR

OTHER KINDRED SUBSTANCES OR OTHER MINERALS EXTRACTED FROM SAID

LAND AS RESERVED BY VENTURA LAND AND WATER COMPANY, A
CORPORATION, RECORDED FEBRUARY 7, 1929 IN BOOK 239 PAGE 493, OF OFFICIAL RECORDS.

ALSO EXCEPT THEREFROM AN UNDIVIDED ONE -HALF INTEREST IN AND TO A

NINE-TENTHS PART OF THE TOTAL (GROSS) OIL, GAS OR OTHER KINDRED

SUBSTANCES OR OTHER MINERALS IN, UPON OR UNDERLYING SAID LAND OR

HEREAFTER EXTRACTED THEREFROM AS RESERVED BY PACIFIC STATES SAVINGS AND LOAN COMPANY IN DEED RECORDED JULY 10, 1947 IN BOOK 789 PAGE 376, OF OFFICIAL RECORDS.

APNs: 632-0-050-355 AND 632-0-050-395

PART OF LOT 33 OF THE CALIFORNIA MUTUAL BENEFIT COLONY OF CHICAGO'S SUBDIVISION, IN THE CITY OF SIMI VALLEY, AS PER MAP RECORDED IN BOOK 3, PAGE 19 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 33, THENCE,

1ST: SOUTH ALONG THE EAST LINE OF SAID LOT 33, 75.00 FEET TO A STAKE;

THENCE,

2ND: WESTERLY IN A STRAIGHT LINE TO A STAKE ON WEST LINE OF SAID LOT 33, SITUATE 30.00 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT 33;

THENCE,

3RD: NORTH ALONG THE WEST LINE OF SAID LOT 33, 30.00 FEET TO THE NORTHWEST CORNER OF SAME; THENCE,

4TH: NORTHEASTERLY ALONG A LINE DIVIDING SAID LOT 33 AND LOT 34 TO THE NORTHEAST CORNER OF SAID LOT 33 AND PLACE OF BEGINNING.

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EXCEPTING THEREFROM ALL THAT PORTION OF SAID LAND GRANTED TO SIMI VALLEY RECREATION AND PARK DISTRICT, IN DEED RECORDED MAY 22, 1972, IN BOOK 3959, PAGE 4, OFFICIAL RECORDS.

APN: 632-0-140-300

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NOTICE OF EXEMPTION --------------------------------
To: County Clerk
County of Ventura
800 S. Victoria Avenue
Ventura, CA 93001
Project Title: The Ridge Apartments
From: City of Simi Vnllcy
2929 Tapo Canyon Road
Simi Valley, CA 93063
Project Location - Specific: _1_5_7_ 5_E_r _ri_n_..g._e _r _R_o_a_d ____________________ _ Project Location - City: Simi Valley Project Location - County: Ventura ---------- Description of Nature, Purpose, and Beneficiaries of Project: Zone Change, Specific Plan Amendment, and Planned Development Permit to change the zone of a .19 acre portion of the site from Commercial Office to Residential Very High Density, remove a .19 acre portion of the site from the Arroyo Simi Greenway Specific Plan, in order to construct a new 66 unit multi-family residential development.

Name of Public Agency Approving Project: _C_it�y�o _f _S_im_i _V_ a_l _le�y __________ 0_6_/_2_4_/2_4 Date of Approval
Name of Person or Agency Carrying Out Project: _A_ d_r _ia_n _S_t _e _rn _____________ _ Exempt Status: (check one)
D Ministerial [Sec. 21080(b)(1); 15268);
D Declared Emergency [Sec. 21080(b)(3); 15269(a)];
D Emergency Project [Sec. 21080(b)(4); 15269(b)(c)];
i:gJ Categorical Exemption. State type and section number 15332 ------------- 0 Statutory Exemption. State code number ----------------------0 Common Sense Exemption [Sec. 15061 (b)(3)] Text of exemption and reasons why project is exempt:

Categorical Exemption Class 32. The project site is less than five acres and substantially surrounded by urban uses and has no value as habitat for endangered, rare or threatened species.

The project will not result in any significant effects related to traffic, noise, air quality or water quality, and is adequately served by all required utilities and public services.

Lead Agency
Contact Person: Elizabeth Richardson
Signature��
E1izet Richardson
i:gJ Signed by Lead Agency
D Signed by Applicant
Area Code/Telephone: 805-583-6334
Date: 06/24/24 Title: Senior Planner
Date received for filing at QPR: --------

ATTACHMENT A
109
1850 HSA, LLC
920 Hampshire Road
Suite A4
Westlake Village, CA 91361
805.379.5005
April 25, 2024
Sean Gibson, AICP
Deputy Environmental Services Director/City Planner
Department of Environmental Services
City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
RE: Density Bonus Application – The Ridge, A Portion thereof 1850 Heywood Street, Simi Valley, CA
Dear Mr. Gibson:
1850 HSA, LLC hereby submits this density bonus proposal for the City’s consideration and approval. Our team has worked on the formulation of this proposal to ensure that it conforms with the latest amendments to Government Code Section 65915-65918 (State Density Bonus Law).

We have worked with our project team including the project architect, Michael Stahlheber, with the goal of complying with the City’s Code to the extent feasible, consistent with State Density Bonus Law. With that goal in mind, the purpose of this letter is to facilitate your review of the density bonus proposal for The Ridge Apartments Project.

Density Bonus, Government Code and Simi Valley Municipal Code The site will be 1.65 acres. The site owned by 1850 HSA, LLC is currently 1.46 acres and .19 acres is currently owned by the City of Simi Valley giving a total lot size of 1.65 acres. The zoning for the project site is Residential Very High (RVH) density, which calls for a density of 20.1 to 35 dwelling units to the acre. Thus, the base density for this site is 58 dwelling units (35 units x 1.65 acres = 57.75 units). Please note that under Govt. Code § 65915(f)(5) all density calculations resulting in fractional units are rounded up to the next whole number giving us a total of 58 units.

Please note that we have the potential to build up to 73 units on this site, however, our proposal for The Ridge Apartments is to build just 66 units.

With the 25% density bonus, this would allow 1850 HSA, LLC to build up to 73 units (base density EXHIBIT 1
110
of 58 units x 25% = 14.5 units rounded up to 15 units. 58 units + 15 units = 73 units). Per state density bonus law, 5% of the base density shall be required to be very low-income units which equates to 2.9 units. When rounding up this would equate to 3 very low-income units. In exchange for the City property, the developer agrees to provide one additional very low income unit and one additional low income unit which is two affordable units beyond the State requisite.

The proposal to construct a 66-unit rental project will include an affordable housing set-aside total of five (5) units: inclusive of three (3) units at very low-income level; one (1) unit at low-income level; and one (1) unit at extremely low-income level. The conversion of one very low-income unit to one extremely low-income unit is contingent upon the city’s approval of gap financing in the form of a bridge loan.

Density Bonus projects are also entitled to receive between one and three concessions, depending on the level of affordability. In this case, since the developer proposes to restrict more than 5% of the units for occupancy to very low income households at affordable rents, the project qualifies for one concession and an unlimited amount of waivers. [Govt. Code § 65915(d)(2)(B)].

For your information, consistent with State Density Bonus Law, a concession includes any “reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code.” [See Govt. Code § 65915(k)(1).].

Gov. Code § 65915(k) also outlines three categories of concessions or incentives that developers may request.

Concession/Incentives Package
The developer requests for the following one (1) concession and five (5) waivers:

Concession
● To increase the number of stories allowed by SVMC Section 9-24.050 from three (3) stories to four (4) stories as set forth by Government Code § 65915(d)(1) Waivers
● To increase the maximum building height allowed by SVMC Section 9-24.050 from 40 feet to 55 feet as set forth by Government Code Section 65915(e)(1).
● To decrease the additional front yard setback for buildings over 15’ required by SVMC Section 9-24.050 from 58’ to 40’ 6” as set forth by Government Code § 65915(e)(1).
● To reduce the number of optional standards required by SVMC 9-24.060 (D)(1) from seven (7) optional standards to six (6) as set forth by Government Code 111
65915(e)(1).
● To increase the maximum allowed walking distance from the apartment entry door to the trash enclosure required by SVMC 9-35.050(D)(1) as set forth by Government Code Section 65915(e)(1).
● To increase the maximum allowed walking distance from tenant parking to the apartment entry door required by SVMC § 9-34.040(E) as set forth by Government Code Section 65915(e)(1).

Discussion of Concession/Incentives Items:

Concession to increase the number of stories allowed by SVMC Section 9-24.050 from three (3) stories to four (4) stories as set forth by Government Code § 65915(d)(1).

The developer hereby requests a concession to increase the number of stories from 3 stories to 4 stories. The additional 4th story waiver per Govt. Code § 65915(d)(1) allows for additional apartments which allows the project to be economically viable.

Waiver to increase the maximum building height allowed by SVMC Section 9-24.050 from 40 feet to 55 feet as set forth by Government Code Section 65915(e)(1).

Increase in the allowable building height from 40 feet to 55 feet. This increase is necessary in order to accommodate the parapets for screening of equipment and the safety of people working on the roof. This waiver per Govt. Code § 65915(d)(1) will increase the number of stories from 3 stories to 4 stories.

Waiver to decrease the additional front yard setback for buildings over 15’ required by SVMC Section 9-24.050 from 58’ to 40’ 6” as set forth by Government Code § 65915(e)(1).

The developer hereby requests a waiver for the requirement of SVMC 9-24.050. This is necessary to achieve the required density to make the project viable and without it would decrease the number of market-rate and affordable units on the project.

Waiver to reduce the number of optional standards required by SVMC 9-24.060 (D)(1) from seven (7) optional standards to six (6) as set forth by Government Code 65915(e)(1).

The developer hereby requests a waiver for the requirement of SVMC 9-24.060(D)(1). This is necessary to achieve the required density to make the project viable and without it would decrease the number of market-rate and affordable units on the project.

Waiver to increase the maximum allowed walking distance from the apartment entry door to the trash enclosure required by SVMC 9-35.050(D)(1) as set forth by Government Code Section 65915(e)(1).

The developer hereby requests a waiver for a 250’ distance from the apartment entry door to the trash enclosure, per SVMC 9-35.050(D)(1). In order to accommodate the number of parking spaces necessary for the building, we have one central trash enclosure area which necessitates this waiver. A reduction in parking spaces would reduce the overall number of units which then would decrease the number of affordable units we are providing to the City of Simi Valley. The project will comply with all ADA laws regardless of this waiver. 112
Waiver to increase the maximum allowed walking distance from tenant parking to the apartment entry door required by SVMC § 9-34.040(E) as set forth by Government Code Section 65915(e)(1).

The developer hereby requests a waiver for a 200’ distance from tenant parking to the apartment entry door, per SVMC 9-34.040(E). This site had been designed to accommodate the most amount of surface parking possible under the present conditions without creating subterranean parking which would not be economically possible, nor would it be feasible given the condition of the soils. We assigned the parking in a very efficient manner, however, some units still fall outside of the current standard of distance making this waver necessary. Again, we want to provide as many affordable units to the city as possible and this wavier allows for us to fit the required density to provide the aforementioned amount of affordable units. The project will comply with all ADA laws regardless of this waiver.

Application Content
Govt. Code § 65915(a)(3) mandates that density bonus applications must be processed expeditiously, and sets forth the manner in which local government is to comply with this mandate, including the procedures and timelines for processing density bonus applications. In accordance with subparagraph (3)(B), the jurisdiction is to “[p]rovide a list of all documents and information required to be submitted with the density bonus application to be deemed complete,” and the list is to be consistent with state density bonus law.

With respect to the granting of concessions and incentives, the law is very clear that a jurisdiction must grant the requested concession or incentive unless it makes one of three statutorily prescribed written findings, based upon substantial evidence. In this case, where the developer has chosen its concessions from the exclusive list of concessions contained in the City’s Code, it is logical to assume that no additional documentation would be necessary or required.

However, for the record, these concessions are consistent with the purpose of the statute as delineated in subdivision (k)(1), i.e. to allow the development to provide for affordable rents for the five very low income units. These units will be floating in the project and determined in the AHA Agreement.

I trust this letter will assist the City in its review of the density bonus proposal. If you have any questions or would like to discuss this matter, please feel free to give me a call at the above telephone number.

Sincerely,
Chris Itule
1850 HSA LLC
113
cc: Michael Stahlheber, AIA, Flewelling & Moody
114
EXHIBIT 2

PLANNING COMMISSION STAFF REPORT, SUPPLEMENTAL

STAFF REPORT, RESOLUTION, AND MINUTES
Z-S-2022-0005/SP-S-2023-0002/PD-S-2022-0015/AHA-2023-
0001
MAY 8, 2024
115
ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg)

DEPARTMENT OF ENVIRONMENTAL SERVICES

PLANNING COMMISSION STAFF REPORT
CASE NO.: Z-S-2022-0005/SP-S-2023-0002/PD-S-2022-0015 HEARING DATE: May 8, 2024 STAFF CONTACT: Elizabeth Richardson
(805) 583-6334
REQUEST: To consider a Zone Change, Specific Plan Amendment, and Planned Development Permit, to modify the Arroyo Simi
Greenway Specific Plan, change the zoning from Commercial Office (CO)(SP) to Residential Very High (RVH), in order to construct a new 66 unit, 4 story multi-family residential building and an Affordable Housing Agreement, located at 1575 Erringer Road; and a determination the project is exempt from the California Environmental Quality Act.

RECOMMENDATION: Recommend to the City Council approval of Z-S-2022-0005, SP-S-2023-0002, and PD-S-2022-0015.

APPLICANT: Adrian Stern
17404 Ventura Blvd, 2
nd floor
Encino, CA 91361
(818) 789-8856
GENERAL PLAN: Very High Density Residential and Water Body EXISTING ZONING: Residential Very High Density (RVH) and Commercial Office (CO)(SP)
PROPOSED ZONING Residential Very High Density (RVH)
LOCATION: 1575 Erringer Road.

AGENDA ITEM NO.

11.A.1.
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2 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg)

PROJECT DESCRIPTION
The Applicant, Adrian Stern, requests approval of a Zone Change (Z-S-2022-0005) to change the zoning of a 0.19-acre City owned property from Commercial Office (CO)(SP) to Residential Very High Density
(RVH); a Specific Plan Amendment (SP-S-2023-0002)
to remove required improvements to the City owned property from the Arroyo Simi Greenway Specific Plan; and Planned Development Permit (PD-S-2022-0015) for the construction of a new 66-unit apartment building on a 1.46 acre portion of a 4.57-acre site and a .19 acre property owned by the City of Simi Valley. The project also includes an affordable housing component with a request for a density bonus, concession and waivers pursuant to California law. The affordable housing agreement will also be considered by the City Council.

The overall 4.57-acre site is currently vacant but was previously developed as a hospital campus. Vegetation on the site consists of remaining ornamental trees and weedy areas, and the terrain is generally level. In 2023 under a separate entitlement action, The Churchill Apartments, a 91-unit apartment building, was approved on a 3.11-acre site west of this project site. This project site, however, was never subdivided; a lot line adjustment, therefore, is required to separate the two projects. The surrounding zoning and land uses are described in Table 1 below.
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3 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) Table 1- Surrounding Zoning and Land Uses

Location Use Zoning General Plan Land
Use
Proposed Site Vacant Lot Residential Very High
Density (RVH)

Existing: Commercial
Office (CO)(SP)

Proposed:

Residential Very High
Density (RVH)
Very High Density
Residential (20.1 – 35
du/acre)

Existing: Water Body

Proposed: Very High
Density Residential
(20.1 – 35 du/acre)
North Commercial Office
Building
Commercial Office (CO) Office Commercial
West Approved Churchill
Apartments (91 units)
Residential Very High
(RVH)
Very High Density
Residential (20.1 – 35
du/acre
East Erringer Road;
Condominiums
beyond (92 units)
Residential Very High
(RVH)
Very High Density
Residential (20.1 – 35
du/acre
South Arroyo Simi and
Rancho Simi Park
Residential Estate
(RE)(SP) and Residential
Medium (RM)(SP)
Water Body

To facilitate development of the proposed apartment project, the developer requested the City transfer a 0.19 acre City-owned property to the project site (Figure 1). Obtaining the City-owned property will improve site circulation with vehicle entrances at both north and south ends of the property, and outdoor amenities such as the dog park and bocce ball court. Under the proposed land transaction with the City (to be considered by the City Council in a separate action), the applicant will provide two affordable units to be added to the three units required under the affordable housing agreement.

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4 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) Figure 1 – Site Area Map

The separate requests are further described below:

Zone Change and General Plan Consistency

The project site is divided between two parcels. The primary 4.57 acre parcel is zoned Residential Very High Density (RVH) while the City-owned parcel is zoned Commercial Office (CO)(SP). The requested zone change will change the zoning for the City owned property from CO to RVH. The remaining site area, currently zoned RVH, will not change.

The purpose of the Zone Change is to make the entire project area residentially zoned, in order to accommodate the new apartment complex (see Figure 2 and 3).

Figure 2 – Before Zone Change Figure 3 – After Zone Change

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5 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) The General Plan Land Use designation for the site is also divided. The larger 4.57 acre parcel is designated as “Very High Density Residential” (20.1 to 35 dwelling units per acre) while the City owned property is “Water Body” (Figure 4). However, a General Plan Amendment is not required to change the Water Body land use to Very High Density Residential. This is because General Plan Policy LU-32.1 states that when parcels or portions thereof, are less than one acre in size, the General Plan Land use designation and zoning may be inconsistent if the project is both consistent with the policies of the General Plan and the use is consistent with parcel size, zoning, and surrounding uses.

The proposed multi-family residential development is consistent with the existing residential development adjacent to the project site, and the proposed density is consistent with the underlying zoning of the larger portion of the site.

Figure 4: Land Use Map

Specific Plan Amendment

The 0.19-acre City owned property is located within the boundaries of the Arroyo Simi Greenway Specific Plan (Figure 5). This Plan describes the effort to revitalize the existing pathway along the top of the Arroyo Simi into a Greenway for multi-modal recreational transportation with connections to existing and new parks, schools, trails, and other community amenities. The proposed amendment would remove the project site from the Specific Plan Boundary.

Since the Specific Plan focuses on improvements on public property, removing this site from the Specific Plan’s regulation is appropriate since it is being conveyed to private ownership. The site is currently designated as a rest area along the trailhead with benches, trash cans, and low rock walls. Removing the rest area will not significantly alter the trailhead at this location. The Rancho Simi Recreation and Park District (RSRPD), which has a role] in constructing and maintaining the improvements, is in concurrence that the rest area improvements at this location are not necessary and can be removed from the Specific Plan. The currently adopted Specific Plan can be found at https://www.simivalley.org/departments/environmental-services/planning- division/documents-applications-and-development-activity/specific-plans] 120
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6 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) Figure 5 – Arroyo Simi Greenway Specific Plan Rancho Simi Community Plan Expansion

Planned Development Permit

Approximately 1.46 acres of the 4.57-acre project site and the 0.19-acre City owned property will be developed with a 66 unit multi-family building (Figure 6). The four story, approximately 89,612 square foot apartment building is proposed to be built on the eastern edge of the property, between the previously approved apartment building to the west, existing office building to the north, and Erringer Road to the east. The Churchill Apartments project will be separately built (following a lot line adjustment) on a 3.11 acres.

The Churchill Apartments are not part of the Planning Commission consideration.

The building will include 59 one-bedroom units ranging in size between 800 and 890 square feet and 7 two-bedroom units ranging in size between 1,018 and 1,255 square feet. Five of the units will be designated as affordable housing for low and very-low income qualified income residents. Parking will include surface parking outside the secured parking lot for guests, as well as surface and garage parking inside the gated parking lot that is located in the building. The project will include amenities for the residents including a hot tub, outdoor kitchen, dog park, bocce ball court, media room, community room, fitness center, work space, and common areas.

A traffic study was prepared for the project which indicated the project is anticipated to generate approximately 300 average daily trips with 24 a.m. peak trips and 16 p.m. peak trips. The City’s Traffic Engineer has determined the additional trips generated by the proposed project will not create a significant impact on existing traffic operations in the vicinity. Refer to Exhibit 2 for the Traffic Study.

A Tree Report was prepared by LAJohnny (Exhibit 3). The site currently contains 37 mature trees, 30 of which will be removed for site improvements. The trees to be removed consist of 24 Fan Palm, 3 Sugar Gum, 1 Flame Tree, 1 Aleppo Pine, and 1 Pepper Tree.

The City’s Mature Tree Preservation Ordinance requires the applicant to replace the 121
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7 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) removed trees with specimen size trees (36-inch box) planted on site, valued up to the appraised value of the trees being removed. The total replacement value of the removed mature trees is $21,140. The applicant proposes to address the loss by planting replacement trees of equal value located throughout the project site. Per Planned Development Permit Condition C-2, the applicant is required to obtain a Tree Removal Permit prior to removal or approval of the grading plans for the project to ensure tree replacement.

Figure 6 – Site Plan

The project was reviewed for compliance and consistency with the Development Code and Simi Valley Municipal Code. In Table 2 below, consistency with the code is described and requested concessions and waivers are identified. The Affordable Housing portion of this staff report further explains eligibility requirements for concessions and waivers.

In addition, the Density Bonus Request Letter contained in Exhibit 5 discusses the applicant’s reasons for not being able to comply with the code and provide affordable housing units.

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8 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) Table 2: Municipal Code Requirements
Standard Required Provided
Minimum Building
Setbacks

Front (East): 58 feet 40 feet 6 inches (Density
Bonus Waiver to decrease
the front yard setback is
requested)
Rear (West): 20 feet 29 feet 9 inches
Side (North and South): 15 feet North Side – 58 feet 9 inches

South Side – 41 feet
Maximum Building Height

Maximum Number of
Stories
40 feet

3 stories
55 feet (Density Bonus
Waiver to increase height is
requested)

4 stories (Density Bonus
Concession to increase
number of stories is
requested).

Minimum Off-Street
Parking
70 spaces pursuant to
State Density Bonus Law
[Government Code
Sections 65915(p)(1)
and (4)]
73 parking spaces:
(39 carport/garage spaces
and 31 uncovered spaces).

Landscaping adjacent to
streets
10-foot wide landscaping
area along street facing
property line
10 feet.

The affordable housing units makes the project eligible from reduced parking requirements as set forth under Government Code Section 65915(p)(1)(A)-(B). For one- bedroom units, the Government Code parking calculation is one parking space per unit, and for two-bedroom units the parking calculation is 1.5 spaces per unit. Although guest parking is not required, the Applicant is proposing three guest parking spaces located at the building’s main entrance as an amenity for residents.

Bedrooms Parking Calculation Required Parking Spaces
1-bedroom (59 units) 1 space per unit x 59 units 59 parking spaces 2-bedroom (7 units) 1.5 space per unit x 7 units 11 parking spaces Guest Parking None Required None Required
Total Required Parking Spaces 70 parking spaces
Total Parking Spaces Provided 73 parking spaces

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9 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) Residential development projects are required to comply with the Mandatory and Optional Development standards contained in SVMC § 9-24.060. The project complies with seven (7) Mandatory Standards described in Table 3 below. Depending on the type of housing project, there are variable minimum number of Optional Development Standards that must be included in a residential development. As an affordable housing project, the development must comply with seven optional development standards. This project only provides six optional standards and has requested a Density Bonus Waiver for the seventh optional standard. The six standards the project complies with are described in Table 4.

Table 3: Mandatory Standards per SVMC Section § 9-24.060(B)

STANDARD PROVIDED
1 1b. Fencing materials shall be
slumpstone, wrought iron, textured
concrete or other similarly constructed
walls.

The project site will include new
retaining walls and fences along the
perimeter of the site. Final review and
approval of the colors and materials
would be conducted by the Deputy
Environmental Services Director/City
Planner. (Condition *A-17)

2 1c. All property line walls and fences
shall be no further than one inch from
any property line.

The project complies with this
requirement, per Condition *A-17.
3 1d. All aboveground utility equipment
visible from the street shall be screened
by the use of landscaping or a low wall
matching the building décor.

Condition A-10 requires that the
applicant provide a Final Utility
Equipment Screening Program for all
aboveground utilities.

4 1f & 2c. Roof equipment shall be
screened from view of adjacent parcels
and street rights-of-way by means which
are architecturally integrated into the
structure.

The roof plan indicates that the
proposed rooftop HVAC units will be
screened by the proposed parapet
and screen walls, and required per
Condition *A-18.
5 2a. Each project shall contain a
sufficient number of trash enclosures to
screen bins for collection of discards
pursuant to SVMC
§ 9-35.

The project includes two trash
enclosures on the north and south
sides of the property, which will hold
two to three receptacles each, one of
which will be for recycling, and meet
the requirements of SVMC
§ 9-

35.050.

6 2b. Units shall be designed with
outside, enclosed, lockable, secure
storage areas attached to the unit,
garage, or attached carport.

Secured storage lockers are
proposed within tenant storage rooms
on the second, third and fourth floors.

Condition *A-20 requires that each
unit be assigned a minimum of one
locker and that they are lockable.

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10 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) 7 3. Affordable and senior housing
projects shall have an Affordable or
Senior Housing Agreement in
compliance with the City’s Affordable
Housing Guidelines.

The project will include an Affordable
Housing Agreement for the five
affordable units.

Table 4: Seven Optional Standards per SVMC Section § 9.24.060(D)* Standard Provided
1 2a. The project shall be an “infill
project.”
The project is and infill project, located on the
“valley floor” and is surrounded by existing
residential and commercial development.

2 2e. Physical security devices
shall be incorporated into the
design of the project.

The proposed apartment complex will include
security cameras throughout the project site
monitored by the property management,
individual apartment security system, and
smart lock access for apartment entry doors,
as required per Condition *A-19.

3 2i. The project shall integrate
enriched landscaping in parkways
and greenbelts throughout the site.

The project includes landscape planters at
the perimeter of the site with new trees, as
well as an interior courtyard landscaping and
hardscape with trees, shrubs, dry stream bed
design, barbecue, outdoor kitchen,
fireplaces, dog park, and bocce ball court.

4 2j. Roof materials shall not
consist of asphalt shingles.

The building design consists of flat roofs.

Flat roofs have a TPO roof with white solar
reflective roof membrane.

5 4a. The project shall provide a
substantial recreation component
as determined by the Commission.

The project amenities include a media room
with seating, a large community room, a
fitness workout room, outdoor area for
outdoor kitchen and BBQ, hot tub, bocce ball
court, and dog park.

6 4g. One bedroom dwelling units
shall consist of a minimum of 800
square feet and two bedroom units
shall consist of a minimum of 1,000
square feet.

The one bedroom units range in size between
800 and 890 square feet and two bedroom
units range in size between 1,018 and 1,255
square feet.

Building Design

The project’s building design follows a modern contemporary architectural design and includes stucco, fiber cement composite siding, metal flat roofs, metal awnings, vinyl windows, and metal railings (Figure 8 through 11).

The building is rectangular in shape with units facing out on all four sides. An interior courtyard provides open space for the residents and includes amenities such as a spa, 125
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11 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) outdoor kitchen, and outdoor lounge area with a fireplace. Parking is provided within first- floor garages, carports, and uncovered surface parking spaces.

The building massing is modulated with horizontal and vertical articulation, and the exterior contains a variation of building materials. The building provides vertical articulation by varying the parapet heights. Horizontal articulation is provided by furring out portions of the walls above the first floor, providing two large balconies on the east elevation, and projecting the main entrance to the building along the west elevation. The building has a first-story base, finished in two-color stucco. The second, third, and fourth stories use a variety of materials including stucco, fiber cement composite lap siding, and mini v-beam metal siding. The front entry to the building is defined with fiber cement composite siding with upper story balconies and is accentuated with projecting first story building.

Figure 8 – West Elevation

Figure 9 – North Elevation

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12 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) Figure 10 – South Elevation

Figure 11 – East Elevation

Affordable Housing

The following is a discussion of the California Government Code and City requirements, related to the allowed residential density, affordability, and what is required by the State when the City is considering a project with affordable housing and a Density Bonus.

Density Bonus. The RVH zone allows a density of 20.1 to 35 dwelling units per acre. The site area is 1.46 acres plus the 0.19 acre City-owned property. The combined lot area for the project is 1.65 acres and allows a base density of 58 units.

The California Density Bonus Law is codified at Government Code Section 65915 and allows developers to increase the maximum allowed residential density permitted by the Simi Valley Municipal Code (SVMC). The project is providing five (5) affordable units at an affordability rate in the low- and very-low-income classification or 7% of the 58-unit base density. This allows the project a density bonus increase of 25% or 15 dwelling units for a maximum of 73 dwelling units for the site. The project is proposing 66 dwelling units which is less than the maximum allowed and is therefore consistent with the zone density requirement (Table 5).

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13 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) Table 5 – Density Calculations

Density Number of Units
SVMC Maximum Allowed Density 58 dwelling units
Density Bonus Increase 15 additional dwelling units
Maximum Allowed Number of Units 73 dwelling units allowed Proposed Number of Units 66 dwelling units proposed

By providing 7% of the units at an affordable income level, the project is eligible for one concession, multiple waivers, and reduced parking requirements.

Affordable Housing Agreement. The draft Affordable Housing Agreement (AHA) will be considered by the Affordable Housing Subcommittee and the City Council. The Subcommittee and City Council ensure consistency with California law for affordable housing. However, findings are also required for the approval of the Planned Development Permit which must include consideration of the State-allowed concessions and waivers as they relate to consistency with the General Plan and SVMC.

In general, denial of a concession or waiver requires a finding that the concession or waiver, if not granted, would have a “specific, adverse impact” on health, safety, or the physical environment, and for which there is no mitigation (a “Safety Impact”). Denial by the City of any of the concessions or waivers would require either specific written findings, or alternatively, under the definition of waivers, it would be necessary to find that the granting of the waiver is not required because the waiver in question does not “physically preclude” the construction of the Project.

Concession/Waivers/Affordable Housing: The Applicant is providing five affordable housing units for low and very low income qualified renters. Per Government Code Section 65915, this qualifies the project for a 25% density bonus, modified parking requirements, one concession, and multiple waivers, as long as the waivers do not impose a life or safety hazard. The low-income units proposed, and the terms of the Affordable Housing Agreement, will be reviewed by the Affordable Housing Subcommittee before City Council consideration.

Concessions are defined as reductions in site development standards or modifications of zoning/architectural design requirements that result in “identifiable and actual cost reductions to provide for affordable housing.” Waivers are mandatory, upon request of the applicant, for development standards that “physically preclude” the construction of a project that qualifies for a Density Bonus or concession.

The applicant is requesting a density bonus, as allowed by Government Code 65915(f), has requested one incentive, as allowed by Government Code 65915(d)(1)(A), and five waivers, as allowed by Government Code 65915(e)(1). Refer to the Applicant’s letter “Density Bonus Application – The Ridge, A portion thereof 1850 Heywood Street, Simi Valley, CA”, dated April 25, 2024 (Exhibit 5) for their explanation of the requested incentive and waivers. These are all addressed in the draft resolution accompanying this staff report.
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APPLICANT: Adrian Stern

14 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg)

NEIGHBORHOOD COUNCIL

Executive Board of Neighborhood Council #3 considered the project on January 11, 2024 and recommended denial by a vote of 7-2. The audience vote was 1-1 (Refer to Exhibit 4 for the meeting summary). The recommendation of denial was due to the fourth story element of the building and concern for increased traffic. The fourth story element of the building is a density bonus incentive request and the traffic study stated there would not be a significant increase in traffic.

ANALYSIS

As set forth in the draft resolution, the project is consistent with the findings required by the SVMC (SVMC § 9-52.050; 9-73.070; and 9-56.060).

ENVIRONMENTAL REVIEW AND CEQA REQUIREMENTS

The project’s environmental impacts were reviewed under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq ., the “CEQA Guidelines”). The Project is categorically exempt from additional environmental review pursuant to CEQA Guidelines §§ 15332 as a Class 32 categorical exemption (Infill Development).

The project site is less than five acres and substantially surrounded by urban uses and has no value as habitat for endangered, rare or threatened species. The project will not result in any significant effects related to traffic, noise, air quality or water quality, and is adequately served by all required utilities and public services. Based on this determination and pursuant to Section 15062, a Notice of Exemption has been prepared (Attachment A, page 34).

INDEX Page

Public Hearing Procedure ............................................................................................ 15 Resolution for Z-S-2022-0005/SP-S-2023-0002/PD-S-2022-0015 ................................ 17 Exhibit A: Legal Description ................................................................................... 23 Exhibit B: Propos ed Zone Change ........................................................................... 24 Exhibit C: Conditions of Approval for PD-S-2022-0015 ............................................ 25 Attachment A: Notice of Exemption ............................................................................... 43 Exhibit 1: Reduced Exhibits
Exhibit 2: Traffic Study
Exhibit 3: Tree Report
Exhibit 4: Neighborhood Council Meeting Minutes
Exhibit 5: Letter from Applicant Requesting Concession and Waivers

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17 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) RESOLUTION NO. SVPC 04-2024

A RESOLUTION RECOMMENDING THAT THE CITY
COUNCIL APPROVE ZONE CHANGE (Z-S-2022-0005),
SPECIFIC PLAN AMENDMENT (SP-S-2023-0002), AND
PLANNED DEVELOPMENT PERMIT (PD-S-2022-0015); IN
ORDER TO CONSTRUCT A NEW 66 UNIT, FOUR-STORY

MULTI-FAMILY RESIDENTIAL BUILDING LOCATED AT
1575 ERRINGER ROAD; AND A DETERMINATION THAT

THE PROJECT IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT

THE PLANNING COMMISSION RESOLVES AS FOLLOWS:

SECTION 1: The Planning Commission finds and declares that the applicant, Adrian Stern, requested a Zone Change (Z-S-2022-0005) to change the zoning of a 0.19-acre City-owned property from Commercial Office (CO)(SP) to Residential Very High Density (RVH); Specific Plan Amendment (SP-S-2023-0002) to remove the 0.19-acre City-owned property from the Arroyo Simi Greenway Specific Plan; and Planned Development Permit (PD-S-2022-0015) to construct a 66 unit, four-story multi-family residential building with related site improvements on a 1.65 acre portion of a 4.76 acre site located at 1575 Erringer Road, designated as Ventura County Assessor’s Parcel Nos. 632-0-050-355, 632-0-050-395, and 632-0-140-300, and by the legal descriptions attached as Exhibit A.

SECTION 2: Factual Findings and Conclusions. The Planning Commission finds as follows:

A. The application was prepared and reviewed by the Environmental Services Director, or designee (collectively, the “Director”) for, in part, consistency with the General Plan;

B. The City reviewed the project’s environmental impacts under the California Environmental Quality Act (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;

C. The Director completed the review and scheduled the public hearing regarding the application before the Planning Commission for May 8, 2024;

D. On May 8, 2024, 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

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18 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) E. This Resolution and its findings are made based upon the evidence presented to the Commission at its May 8, 2024, hearing including, without limitation, the staff report submitted by the Environmental Services Department.

F. Planned Development Permit, Zone Change, and Specific Plan Finding (SVMC § 9-52.050.F.1, 9-73.070.A; and 9-56.-060): The project is consistent with the purpose, intent, goals, policies, programs, and land use designations of the General Plan and any applicable specific plan. The Land Use designation of the subject property is Very High Density Residential (20.1 to 35 units per acre). The purpose of this land use is to provide for a higher density residential environment.

(1) Policy LU 2.1: “Provide opportunities for a full range of housing types, locations, and densities to address the community’s fair share of regional housing needs and to provide market support to economically sustain commercial land uses in Simi Valley.” The project provides 59 one-bedroom and seven (7) two-bedroom units. The five affordable units will provide rental opportunities to low and very low-income households for a 55-year term to address the regional housing needs. The overall project density of 40 units per acre will benefit the nearby commercial uses along Erringer Road, which is within immediate walking distance, and also adjacent to public transit.

(2) Policy HE-1.1: “Provide a wide choice of new housing featuring a range of styles, types, densities, and amenities to accommodate the needs of all socioeconomic segments of the community.” The overall density is 40 units per acre with the requested density bonus increase. The four-story building is located adjacent to approved high-density residential and existing commercial uses. Five of the 66 units are proposed to be set aside for affordable rent for qualified tenants at the low and very-low income categories.

(3) Policy LU 15.2: “Encourage new multi-family development to provide amenities for residents, such as on-site recreational facilities and community meeting spaces.” The 66-unit project provides an outdoor courtyard with hot tub, outdoor kitchen and barbeque, an indoor fitness, and community meeting rooms.

(1) The residential component of the project also meets the requirements contained in SVMC Section § 9-24.060, in that the proposed project meets the Mandatory Standards and at seven Optional Standards in SVMC Section § 9-24.060(B) and 9-24.060(D).

(2) The proposed project qualifies for the parking requirements in Government Code § 65951.

H. Planned Development Permit Finding: The project is consistent with the City- adopted design guidelines (SVMC § 9-52.050.F.3), in that the project is consistent with the following:

(1) Multi-Family Residential Guidelines 4c, which states “Multi-family buildings should incorporate significant and functional vertical and horizontal articulation features on the front building elevation. Secondary elevations should carry through the features found on the front elevation and should not be left as essentially blank or flat surfaces.” The building design utilizes horizontal and vertical articulation with varying roof heights and modulation of the building walls and projecting awnings. The use of large wall surrounds, provide depth and shadow to the building. Horizontal awnings are on the west, east, and south elevations to achieve further articulation.

Therefore, the project is consistent with this finding.

(2) Multi-Family Residential Guidelines 4c, states: “Common area facilities, such as pools, recreation buildings, and outdoor play and picnic areas should have direct access and visibility from the majority of the units for which the facility is providing service.” With the proposed courtyard design, visibility to the outdoor spa and common area amenities are provided from the outdoor walkways in front of most of the units, and the indoor fitness and community rooms are accessible from the gated indoor walkways, stairways, and elevator to the majority of the units. Therefore, the project is consistent with this finding.

I. Planned Development Permit Finding: That the proper standards and conditions have been imposed, which protect the public health, safety, and welfare (SVMC § 9-52.050.F.4), in that the construction of the proposed apartment complex is required to meet all standards of the California Building Code, and has provided for project grading, drainage, water. Therefore, the project is consistent with this finding.

J. Zone Change Finding: The Planning Commission 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 132
RES. NO. SVPC 04-2024
20 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) environmental resources, in compliance with the State law (SVMC § 9-73.070.B), in that the zone change facilitates the rezoning of the 0.19 acre City owned property, to Residential Very High Density to accommodate development of an 66- unit apartment building. The new apartment units provide new housing opportunities for residents in the City. The development will not create a significant effect on fiscal resources as the applicant will construct required infrastructure improvements as conditioned by the City. The applicant is also responsible for payment of fees to offset effects upon schools and parks. Therefore, the Zone Change complies with the City’s housing needs and balances with the public service needs and environmental and fiscal resources

SECTION 3: Environmental Assessment. Because of the facts set forth in Sections 1 and 2, the Director determined the project to be exempt from CEQA in accordance with Categorical Exemption 15332 “Infill Exemption. Therefore, the Director determined the project is exempt from further environmental review pursuant to CEQA Guidelines Section 15300, et Seq., and pursuant to CEQA Guidelines Section 15062, a Notice of Exemption was prepared.

SECTION 4: Recommendation to City Council. Subject to the Conditions of Approval attached as “Exhibit B,” which are incorporated by reference (the “COA”), the Planning Commission recommends the City Council approve Zone Change (Z-S-2022-0005), Specific Plan Amendment (SP-S-2023-0002), and Planned Development Permit (PD-S- 2022-0015).

SECTION 5: Delegation of Authority. The Director is authorized to make clerical corrections; minor technical changes; and other non-substantive edits to the COA, in a form approved by the City Attorney, to ensure the PD is properly implemented. Unless substantive changes are required, no additional Planning Commission action is required to ratify such changes.

SECTION 6: 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 7: 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.

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21 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) SECTION 8: This Resolution will remain effective until superseded by a subsequent resolution.

SECTION 9: The Commission secretary is directed to mail a copy of this Resolution to any person requesting a copy.

PASSED and ADOPTED this 8
th day of May 2024.

Attest:

_________________________________ _________________________________ Megan Grai Allan C. Mann, Chairperson
Recording Secretary Planning Commission

Approved as to Form:

Algeria R. Ford, City Attorney Approved as to Content:

_________________________________ _________________________________ Ephraim S. Margolin Sean Gibson
Deputy City Attorney Deputy Environmental Services Director/ City Planner

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22 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg)

I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Simi Valley, California, at a regular meeting held on May 8, 2024 by the following vote:

AYES:

NAYS:

ABSTAIN:

ABSENT:

ATTEST:

Megan Grai
Recording Secretary

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RES. NO. SVPC 04-2024

EXHIBIT A
23 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg)

LEGAL DESCRIPTION

PARCEL A: (632-0-050-355 AND 632-0-050-395)

PARCEL 2 AS SHOWN ON THE MAP ENTITLED PARCEL MAP NO. LD-S-667 FILED APRIL 15, 2015 IN BOOK 70 OF PARCEL MAPS, AT PAGES 67 TO 70 INCLUSIVE, IN THE CITY OF SIMI VALLEY, COUNTY OF VENTURA, STATE OF CALIFORNIA.

EXCEPT THEREFROM ONE-TENTH PART OF THE TOTAL (GROSS) OIL, GAS OR

OTHER KINDRED SUBSTANCES OR OTHER MINERALS EXTRACTED FROM SAID

LAND AS RESERVED BY VENTURA LAND AND WATER COMPANY, A
CORPORATION, RECORDED FEBRUARY 7, 1929 IN BOOK 239 PAGE 493, OF OFFICIAL RECORDS.

ALSO EXCEPT THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN AND TO A

NINE-TENTHS PART OF THE TOTAL (GROSS) OIL, GAS OR OTHER KINDRED

SUBSTANCES OR OTHER MINERALS IN, UPON OR UNDERLYING SAID LAND OR

HEREAFTER EXTRACTED THEREFROM AS RESERVED BY PACIFIC STATES SAVINGS AND LOAN COMPANY IN DEED RECORDED JULY 10, 1947 IN BOOK 789 PAGE 376, OF OFFICIAL RECORDS.

PARCEL B: (632-0-140-300)

PART OF LOT 33 OF THE CALIFORNIA MUTUAL BENEFIT COLONY OF CHICAGO’S

SUBDIVISION, IN THE CITY OF SIMI VALLEY, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGE 19 OF MAPS, IN THE

OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

EXCEPTING THEREFROM ALL THAT PORTION OF SAID LAND GRANTED TO SIMI VALLEY RECREATION AND PARK DISTRICT, IN DEED RECORDED MAY 22, 1972 IN BOOK 3959, PAGE 4 OF OFFICIAL RECORDS.

ALSO EXCEPTING THEREFROM DESCRIBED AS EXHIBIT “B” IN RESOLUTION 85- 143 RECORDED OCTOBER 24, 1985 AS INSTRUMENT NO. 1985-121072, OF OFFICIAL RECORDS.
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RES. NO. SVPC 04-2024

EXHIBIT B
CASE NO.: Z-S-2022-0005/SP-S-2023-0002/PD-S-2022-0015
APPLICANT: Adrian Stern

24 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) Zone Change No. Z-S-2022-0005

A Zone Change from Commercial Office to Residential Very High Density, for the 0.19- acre portion of the property located at 1575 Erringer Road, as described as follows:
1575 Erringer Road
APN: 632-0-140-300

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RES. NO. SVPC 04-2024

EXHIBIT C
CASE NO.: Z-S-2022-0005/SP-S-2023-0002/PD-S-2022-0015
APPLICANT: Adrian Stern

25 PROJECT PERMIT CONDITIONS
The conditions marked with an asterisk (*) are Special Conditions applicable specifically to this permit. These conditions of approval will supersede any conflicting notations, specifications, dimensions, and typical sections that may be shown on a development plan or exhibit. Applicant (Permittee) will assume all costs incurred in complying with the conditions contained herein. “Permittee” or "Applicant" or "Developer" or "Owner" as used in these conditions means all applicants, developers, permittees, and all owners of the subject property and all successors and assigns thereto. These conditions are deemed to touch and concern the real property, which is the subject hereof, and will run with the land. Compliance with these conditions must be maintained for the life of the permit.

Applicant must comply with all of the conditions.

A. ENVIRONMENTAL SERVICES CONDITIONS:

Planning Division:

A-3 Permittee and its successors in interest must, indemnify, protect, defend (with legal counsel reasonably acceptable to the City), and hold harmless the City, its elected and appointed officials, officers, employees and agents from and against any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorney’s fees and disbursements (collectively “Claims”) arising out of or in any way relating to this project, any discretionary approvals granted by the City related to the development of the project or the environmental review conducted under CEQA (Public Resources Code 21000, et seq.), for the project. If the City Attorney is required to enforce any conditions of approval, all costs including attorney’s fees must be paid for by the Permittee in accordance with the Simi Valley Municipal Code (“SVMC”)
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CASE NO.: Z-S-2022-0005/SP-S-2023-0002/PD-S-2022-0015
APPLICANT: Adrian Stern

26 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) A-4 This decision is not effective until Permittee acknowledges acceptance of all conditions and any appeal period has lapsed, or a waiver of right to appeal is filed or if there is an appeal, until a final decision has been made on the appeal. By use of the entitlements granted by a development application, the Permittee acknowledges agreement with conditions of approval.

A-5 Anything which is not shown on the application/plans, which is not specifically approved, or which is not in compliance with this Planned Development (PD), is not approved. Any application and/or plans which are defective as to, without limitation, omission, dimensions, scale, use, colors, materials, encroachments, easements, will render any entitlements null and void.

A-6 During the lifetime of the permit, Permittee must comply with all applicable laws and regulations of every local, state, and federal entity; and all such requirements and enactments will be incorporated by reference as conditions of this permit. The duty of inquiry as to such requirements and any amendments thereto will be upon Permittee and his or her transferees or successor in interest.

A-7 Permittee agrees that if any of the conditions or limitations of this permit are held to be invalid by a court of competent jurisdiction, that holding will render this permit to be null and void.

A-8 Approval of this project requires certain legislative determinations by the City Council. The approval of the Planned Development Permit is hereby expressly made contingent upon the approval of the Zone Change, Specific Plan Amendment, and Affordable Housing Agreement by the City Council.

A-9 Permittee must provide to the Deputy Environmental Services Director/City Planner a copy of all conditions of approval recorded with the Ventura County Recorder's Office.

A-10 Permittee must not attach signs, flags, pennants, streamers, or banners of any type to the light poles or landscaping.

27 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) b. The enclosure must incorporate an opaque gate and include a solid roof, which will be designed to preclude trash from being blown out of the bins;
c. The height of the enclosure walls and gate must be the same or greater than the height of the bins within the enclosure; and d. Except when the bins are being accessed, the bins must be stored at all times within the enclosure with the gate closed.

A-12 Permittee must submit a Final Utility Equipment Screening Plan to the Deputy Environmental Services Director/City Planner for review and approval. The plan must include:
a. Size and location of all above-ground utility cabinets and underground utility vaults for electric, telephone, cable communications, backflow prevention devices, and fire sprinkler pressure detector check valves (utility equipment);
b. Screening design and location for all above-ground utility equipment by method of masonry walls, landscaping, or a combination of both; c. A minimum of three feet of clearance between all above-ground utility equipment and the screening;
d. Access panels oriented away from all public rights-of-way; e. Fire sprinkler pressure detector check valves located a minimum of 10 feet from all property lines adjacent to public rights-of-way, unless determined by the Deputy Environmental Services Director/City Planner to be not feasible;
f. Depiction of the Traffic Sight Safety Area (TSSA); and g. Location of all above-ground utility equipment outside of the TSSA.

A-13 In the event of the encounter of subsurface materials suspected to be of an archaeological or paleontological nature, all grading or excavation must cease in the immediate area, and the find left untouched. Permittee must select and provide a qualified professional archaeologist certified by the Register of Professional Archaeologists or paleontologist with a degree(s) in paleontology or geology to evaluate and make recommendations as to disposition, mitigation and/or salvage. The recommendation must be implemented before work may proceed. Permittee will be liable for all costs associated with the professional investigation and implementation.

A-14 Before the time of occupancy inspection, Permittee must provide to the Deputy Environmental Services Director/City Planner and the Building 140
RES. NO. SVPC 04-2024
CASE NO.: Z-S-2022-0005/SP-S-2023-0002/PD-S-2022-0015
APPLICANT: Adrian Stern

28 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) Official written certification from the project architect or engineer that the project has been constructed in accordance with the approved plans.

A-16 Permittee must submit photometric and luminaire plans that comply with Simi Valley Municipal Code Section 9-30.040. The plans must also include the following items: Show that all exterior light fixtures depicted on the plan have fully recessed lenses and cut-off features that limit illumination at the property line to 0.5 footcandles; and, include a note that states: "All downcast light fixtures will be installed and permanently maintained in a horizontal position."
*A-17 Throughout its term, Permittee must abide by the provisions of the Affordable Housing Agreement approved concurrently herewith, which are incorporated by this reference as if fully set forth. A violation of the terms of the Affordable Housing Agreement, or any of its exhibits, constitutes a violation of this Planned Development Permit. In the event of a conflict between the Agreement and the PD conditions, whichever contains more restrictive terms will apply.
*A-18 Permittee must execute an Affordable Housing Agreement with the City for a term of 55 years that must reserve five apartment units for occupancy by qualified low- and very low-income households, as specified by the Affordable Housing Agreement (AHA-2022-0001) as approved by the City Council.
*A-19 Permittee must submit to the Deputy Environmental Services Director/City Planner, a Fence and Wall Plan that includes details on all existing and proposed fences, walls, and gates that include colors, materials, textures, heights, and style. Materials must be slumpstone, wrought iron, textured concrete block, or other similarly constructed walls. All property line walls and fences must not be placed more than one inch away from any property line.
*A-20 Permittee must submit to the Deputy Environmental Services Director/City Planner for review and approval, a Final Roof Plan that demonstrates that all proposed rooftop HVAC units will be screened by the proposed parapet and screen walls.
*A-21 Before the Building Official conducts a Final Building Inspection or issues a Certificate of Occupancy, whichever occurs first, Permittee must submit to the Deputy Environmental Services Director/City Planner construction drawings that include details for the installation of a closed circuit security 141
RES. NO. SVPC 04-2024
CASE NO.: Z-S-2022-0005/SP-S-2023-0002/PD-S-2022-0015
APPLICANT: Adrian Stern

29 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) camera system and resident door and access gate security system, which includes key fobs or equivalent.
*A-22 Permittee must provide one lockable storage closet for each unit attached to the unit, garage, or attached carport.

B. PUBLIC WORKS CONDITIONS:

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CASE NO.: Z-S-2022-0005/SP-S-2023-0002/PD-S-2022-0015
APPLICANT: Adrian Stern

30 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) Grading

B-6 Before the City Engineer issues a grading permit, Permittee must submit a site paving, drainage, and grading plan, subject to review and approval by the City Engineer. Upon acceptance of the geotechnical report by the City, Permittee must submit a digital file of the report and all comments, responses, references, and supporting data.

B-7 Before the City Engineer issues a grading permit, Permittee must post improvement securities for all grading, pay all applicable fees, and provide insurance documentation.

B-8 Permittee must obtain a grading permit, complete the grading according to the approved plans, and provide certifications by the soils engineer and civil engineer.

Drainage

B-9 Before the City Engineer issues a grading permit, Permittee must provide a final drainage study prepared by a California State Registered Civil Engineer. The drainage study must include hydrologic and hydraulic calculations.

B-11 Storm water detention facilities must be privately maintained by the property owner(s).

*B-12 Permittee must submit to the City Engineer for review, and must execute and record upon approval, a Deed Restriction Covenant and Agreement regarding Detention, Storm Drains, and Stormwater Treatment Device Maintenance in a form approved by the City Attorney.

Storm Water Quality

*B-13 Before the City Engineer issues a grading permit, Permittee must prepare a Storm Water Pollution Prevention Plan (SWPPP) and must incorporate permanent storm water quality treatment devices into the site improvements for review and approval by the City Engineer.

*B-14 Permittee must identify pollutant sources and must include design and recommended construction, implementation, and maintenance measures in order to eliminate or reduce the discharges of pollutants from the project 143
RES. NO. SVPC 04-2024
CASE NO.: Z-S-2022-0005/SP-S-2023-0002/PD-S-2022-0015
APPLICANT: Adrian Stern

31 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) site to the public storm drain system during and after the construction period.

*B-16 Permittee must design and reconstruct all project access driveways per City Standard SV 11-20, “Commercial Driveway Approach” to achieve current Americans with Disabilities Act (ADA) Standards. Width must be per approved plan. Driveways must have minimum 15’ radius returns.

*B-17 Permittee must design and construct a raised median on Erringer Road opposite the southerly project driveway to restrict said driveway to right- in/right-out operation, the design for which must be coordinated with the City Traffic Engineer.

*B-18 Permittee must design and construct all frontage improvements in accordance with the General Plan, including curb, gutter, sidewalk, traffic signing and striping, and any enriched parkways to the satisfaction of the City Engineer.

*B-19 Permittee must design and construct any improvements in the public right- of-way in accordance with the Caltrans Standard Plans, and the California Manual on Uniform Traffic Control Devices, latest editions.

*B-20 Permittee must design and construct all on-site traffic circulation elements and traffic control devices (e.g. pavement delineation, signage) in accordance with the California Manual on Uniform Traffic Control Devices, latest edition.

*B-21 Permittee must therefore pay the Traffic Impact Fee specified in the City of Simi Valley Schedule of Service Charges in effect at the time of payment, as stated in the current Traffic Impact Fee Resolution. The total fee is based on daily vehicle trip ends, with the current fee of $113.74 per trip. As the project is forecast to generate 300 daily trip ends, the total fee is $34,122.

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CASE NO.: Z-S-2022-0005/SP-S-2023-0002/PD-S-2022-0015
APPLICANT: Adrian Stern

32 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) Maintenance
B-22 Permittee must submit, to the Public Works Director, or designee, final Landscape and Irrigation Plans, estimates and plan check fees for review and approval. Landscape and Irrigation Plans must conform to the Ventura County Waterworks No. 8 Conservation Standards, State of California AB1881 California Model Water Efficient Landscape Ordinance and design requirements of SVMC sections 7-3.08 and 7-3.09.

B-23 Permittee must ensure that the landscape and irrigation design plans include provision for installing root barriers (18 inches deep by 10 feet long, minimum), adjacent to back side of sidewalk when planting on-site tree(s) within 10 feet from the public rights-of-way and public sidewalk.

B-25 Permittee must include a note on the Final Landscape Plans stating that any street trees, plant material, and irrigation system within the street right- of-way adjacent the project, are to be maintained by the property owner in perpetuity and pursuant to SVMC § 7-3.19.

B-26 Permittee must screen all above ground utilities adjacent the right of way.

Above ground utilities must be setback sufficiently, approximately 6-8 feet from the right-of-way, to allow adequate screening.

*B-27 Permittee must remove and replace the Palm trees, and consider alternates for the proposed Carrotwood trees adjacent Erringer Road in accordance with the Tree Report dated November 2, 2022 to the satisfaction of the Public Works Director, or designee. Other acceptable tree species must be selected from the City’s approved street tree list as replacements for them, as these trees produce hazards to the public from prolific fruit and palm fronds falling on the walkways.

B-29 Permittee must apply for, and obtain, a Water Will-Serve Letter from Waterworks District No. 8 (WWD8).

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CASE NO.: Z-S-2022-0005/SP-S-2023-0002/PD-S-2022-0015
APPLICANT: Adrian Stern

33 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) B-30 Before WWD8 issues a Water Will-Serve Letter, Permittee must submit a utility plan to WWD8 for review and approval. The utility plan must show the domestic, irrigation, fire line connections, and backflow prevention assemblies.

B-32 Before WWD8 issues a Water Will-Serve Letter, Permittee must submit a Water Supply Fixture Unit (WSFU) count in accordance with the latest version of the California Plumbing Code, as adopted by the SVMC.

B-33 Before WWD8 issues a Water Will-Serve Letter, Permittee must submit form VCFPD FORM 625 with authorized signatures from VCFPD and WWD8.

B-34 Before WWD8 issues a Water Will-Serve Letter, Permittee must pay the capital improvement charge for water service. The estimated total fee for 66 multi-family residential units is, at the time these Conditions of Approval (COA) are approved, calculated at $170,202. Actual fees will be determined at the time of payment.

B-38 Permittee must apply for, and obtain, a Sewer Will-Serve Letter from the Public Works Director, or designee.
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RES. NO. SVPC 04-2024
CASE NO.: Z-S-2022-0005/SP-S-2023-0002/PD-S-2022-0015
APPLICANT: Adrian Stern

34 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg)

B-40 Permittee must receive approval from the Public Works Director, or designee, for the construction of private on-site sewer facilities. On-site private sewer lines must be designed with a minimum 2 percent slope per the latest California Plumbing Code, as adopted by the SVMC.

C. LANDSCAPING CONDITIONS:

b. Comply with the recommendations of the City’s Consulting Landscape Architect, to ensure plans conform to the Planning Commission approval, the City’s Landscape Design Guidelines, and the 2015 State Model Water Efficient Landscape Ordinance as implemented by the City of Simi Valley;
c. Comply with the approved site plan and Public Works grading and improvement plans;
d. Include an agronomic soils report as specified in the 2015 State Model Water Efficient Landscape Ordinance as implemented by the City of Simi Valley. The soils report must be based on soil conditions after the establishment of final grades, and final landscape plans must incorporate the report recommendations;
e. Include a Water Efficient Landscape Worksheet with each submittal of landscape and irrigation plans;
f. Show all protected trees pursuant to SVMC § 9-38.050; g. Provide root barriers for all trees planted in parking lot, perimeter, and foundation planting areas, per Simi Valley Standard Plans 51-20 and 51-60; and
147
RES. NO. SVPC 04-2024
CASE NO.: Z-S-2022-0005/SP-S-2023-0002/PD-S-2022-0015
APPLICANT: Adrian Stern

35 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) h. Include planting and irrigation with native compatible, fire-resistant plants in areas adjacent to existing native vegetation. All plant materials must be low-water use and must not include any live turf areas. The plant palette must not include invasive plants as listed in the California Invasive Plant Council (Cal-IPC) Invasive Plant Inventory.

C-2 Before the City Planner issues a Zoning Clearance or the City Engineer issues a Grading Permit, whichever comes first, Permittee must obtain a Tree Removal Permit in accordance with SVMC § 9-38.070, et seq., for any protected trees designated for removal on the plan. Unless otherwise approved by the Deputy Environmental Services Director/City Planner, Permittee must not remove any of the mature trees before the commencement of any grading.

C-3 From the date of the City Council’s approval until final inspection or the Building Official issues a final certificate of occupancy for the last building to be built pursuant to this permit, Permittee must protect and preserve existing protected trees identified in the approved Tree Report dated November 2, 2022, pursuant to SVMC Chapter 9-38 and City’s Landscape Design Guidelines, unless a Tree Removal Permit authorizing their removal has been issued by the Department of Environmental Services.

C-4 For the lifetime of the permit, Permittee must mitigate the loss of all protected trees, relocated trees, and trees identified on the Final Landscape Plan, pursuant to SVMC Chapter 9-38 and the City’s Landscape Design Guidelines.

C-5 Before the Building Official issues a Certificate of Occupancy or a Final Inspection request, whichever comes first, Permittee must:
a. Install all landscaping and irrigation identified on the Final Landscape Plan;
b. Require that the landscape architect be present during the final landscape inspection by the City and certify that the installation of landscape materials and irrigation systems are installed pursuant to the approved Final Landscape Plan; and
c. Provide the required documentation outlined in the City of Simi Valley Final Landscape Plan Checklist, following completion of the landscape installation.

C-6 For the lifetime of this permit, Permittee must adhere to the City's Landscape Maintenance Requirements as follows:
148
RES. NO. SVPC 04-2024
CASE NO.: Z-S-2022-0005/SP-S-2023-0002/PD-S-2022-0015
APPLICANT: Adrian Stern

36 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) a. Trees must be thinned as defined by the Tree Care Industry Association, ANSI A300 Standards to eliminate crowding or x- crossing branches, to remove dead or broken limbs, and to remove structurally weak branch attachments;
b. Tree canopies must not be topped (to remove or cut the top of the tree) or pollarded (to cut back to the trunk to promote the growth of a dense head of foliage) as defined by the Tree Care Industry Association, ANSI A300 Standards;
c. All pruning must comply with the International Society of Arboriculture, Best Management Practices-Tree Pruning, current edition;
d. No more than 20 percent of a tree canopy must be removed during a growing season;
e. Branches must be removed as needed to allow for a 14-foot vehicular path clearance and an eight-foot pedestrian path clearance;
f. All pruning must be supervised by a certified or consulting arborist; and
g. Dead or missing plants must be replaced to comply with the approved landscape plan. The minimum replacement size must be at least a 24-inch boxed tree, five-gallon shrub/vine, or a one-gallon groundcover.

D. VENTURA COUNTY FIRE PROTECTION DISTRICT:

D-1 The minimum fire-flow required must be determined as specified by the current adopted edition of the California Fire Code Appendix B with adopted Amendments and the applicable Water Works Manual for the jurisdiction (whichever is more restrictive). Permittee must verify that the water purveyor can provide the required volume and duration for the project before obtaining a building permit by having them fill out VCFD Form #625, Fire-Flow Verification.

D-2 Permittee must submit VCFD Form #610, Fire Permit Application, before obtaining a building permit for any new structures.

D-3 Permittee must submit Building plans of all A, E, I, H, R-1, R-2, or R-4 occupancies to the Fire District for review and approval before obtaining a building permit. Plan review is based on the function of space, not occupant load.

149
RES. NO. SVPC 04-2024
CASE NO.: Z-S-2022-0005/SP-S-2023-0002/PD-S-2022-0015
APPLICANT: Adrian Stern

37 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) D-4 Private roads must comply with Public Road Standards. Multi-Family, Commercial, or Industrial Buildings or portions of buildings or facilities exceeding 30-feet in height above the lowest level of fire department access must require an approved aerial ladder fire apparatus access road. The highest roof surface must be determined by measurement to the eave of a pitched roof, the intersection of the roof to the exterior wall, or the top of parapet walls, whichever is greater. One aerial apparatus access road must be provided per 50,000 square feet of building area. Aerial apparatus access roads must have a minimum unobstructed width of 30 feet, exclusive of shoulders. Required aerial apparatus access roads must be located within a minimum of 15-feet and a maximum of 30-feet from the building.

Parking must be prohibited along the required width of the access roads.

D-5 The fire code official is authorized to reduce the required width to not less than 24-feet when all the following are provided:

a. Automatic fire sprinklers are installed throughout the structure in accordance with NFPA 13;

b. Fire sprinkler standpipes are provided on all floors and through to the roof;

c. Two or more roof access points are provided through 2-hour fire rated stairways separated a distance not less than half of the diagonal of the structure; and

d. Where exit access passes through interior corridors, foyers, lobbies, or reception areas, the 2-hour fire rating must be maintained.

D-6 All access roads must have a minimum vertical clearance of 13-feet 6- inches. Clear of building to sky.

D-8 Any gates to control vehicle access are to be located to allow a vehicle waiting for entrance to be completely off the intersecting roadway. A 150
RES. NO. SVPC 04-2024
CASE NO.: Z-S-2022-0005/SP-S-2023-0002/PD-S-2022-0015
APPLICANT: Adrian Stern

38 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) minimum clear open width of 15-feet in each direction must be provided for separate entry/exit gates and a minimum 20-feet for combined entry/exit gates. If gates are to be locked, a Knox system must be installed. The method of gate control, including operation during power failure (battery back-up), must be subject to review by the Fire Prevention Division. Gate plan details must be submitted to the Fire District for approval before installation. A final acceptance inspection by the Fire District is required before placing any gate into service.

D-9 Before construction the Permittee must submit two (2) site plans to the Fire District for approval of the location of fire lanes. Before occupancy, all fire lanes must be posted “NO PARKING-FIRE LANE-TOW AWAY” in accordance with California Vehicle Code, the California Fire Code, and current Ventura County Fire Protection District (VCFPD) Fire Lane Standards. All signs and Fire Lane markings must be within recorded access easements.

D-10 Permittee must provide access around the building to allow for laddering the building, at a maximum 75-degree angle, to reach emergency escape and rescue openings below the fourth story above the grade plane. A three (3) foot clear working space must be provided around the ladder at ground level.

D-11 Permittee must install fire hydrants and put in service before combustible construction and must conform to the minimum standard of the Ventura County Waterworks Manual and the following:

a. Each hydrant must be a 6-inch wet barrel design and must have one 4-inch and two 2 ½-inch outlets;

b. The required fire flow must be achieved at no less than 20-psi residual pressure;

c. Fire hydrants must be spaced 500-feet on center and so located that no structure will be farther than 250-feet from any one hydrant;

d. Fire hydrants must be located within 150-feet of fire department connections;

e. Fire hydrants must be set back from the curb face 24-inches on center; and

f. No obstructions, including walls, trees, lights, signposts, and meters must be placed within three feet of any hydrant.

151
RES. NO. SVPC 04-2024
CASE NO.: Z-S-2022-0005/SP-S-2023-0002/PD-S-2022-0015
APPLICANT: Adrian Stern

39 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) D-12 Permittee must upgrade the existing hydrant located at Erringer Road and Heywood Street to a standard 6-inch wet barrel hydrant with one 4-inch and two 2 ½-inch outlets.

D-13 Permittee must install Standpipe systems in accordance with California Building Code and California Fire Code requirements, and NFPA Standard

14. D-14 Permittee must provide all structures with an automatic fire sprinkler system in accordance with California Building Code and California Fire Code requirements, and NFPA Standard 13.

D-15 Permittee must submit plans for water systems supplying standpipe systems and fire sprinkler systems, and not located within a water purveyor’s easement, to the Fire District for review and approval before the City Engineer/Building Official issues grading and/or building permits or signing of grading plans, whichever is first. Plans must reflect only dedicated private fire service lines and associated appurtenances.

D-16 Permittee must install a fire alarm system in all buildings in accordance with the California Building Standards Code and California Fire Code requirements, and NFPA Standard 72.

D-17 Permittee must submit plans for any fire alarm system or sprinkler monitoring system to the Fire District for review and approval before installation.

D-19 Permittee must install building address numbers, a minimum of 10-inches high, before occupancy, Numbers must be of contrasting color to the background, and must be readily visible at night. Brass or gold-plated numbers must not be used. Where structures are set back more than 150- feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is not visible from the street, the address number(s) must be posted adjacent to the driveway entrance on an elevated post. Individual unit numbers must be a minimum of 4-inches in height and must be posted at the front and rear entrance to each unit. Additional address directional signs may be required at common building entrances and stairways.

152
RES. NO. SVPC 04-2024
CASE NO.: Z-S-2022-0005/SP-S-2023-0002/PD-S-2022-0015
APPLICANT: Adrian Stern

40 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) D-20 Before combustible construction, Permittee must install a fire apparatus access road with a minimum unobstructed width of 20-feet. At minimum, the surface of the fire apparatus access road must be as follows: A minimum 6- inches of native soil compacted to 95 percent relative compaction topped with a minimum 4-inches of aggregate base compacted to 100 percent relative compaction or first lift of AC pavement with required aggregate base in accordance with public road standards or registered engineers design requirements.

D-21 Before combustible construction, Permittee must install all utilities located within the access road and the first lift of the access road pavement. A minimum 20-foot clear width must remain free of obstruction during any construction activities within the development once combustible construction starts.

E. RANCHO SIMI RECREATION AND PARK DISTRICT:

E-1 Permittee must provide the Rancho Simi Recreation and Park District (RSRPD) with the equivalent Park Land Dedication/In-Lieu Fees for the 66 apartment units before the issuance of a Zoning Clearance for the project to the City of Simi Valley. If the number of dwelling units changes before the approval of the Zoning Clearance, the Park Dedication Fees will be modified to reflect the actual development accurately. Under authorization by the RSRPD Board of Directors, it is anticipated that cash-in-lieu fees received from the project will be committed to the RSRPD’s Rancho Simi Community Park.

E-3 If the proposed project includes new storm drain connections from the subject parcel to the Arroyo Simi Flood Control Channel, Permittee must submit an implementation plan to temporarily detour the use of the Arroyo Simi Greenway Bike Trail around the construction area to RSRPD before the City Planner issues a Zoning Clearance. The detour plan must depict the proposed alternate route, detour signage, and location of all safety barriers. Any damage to the existing bike trail must be repaired to the satisfaction of the Park District.

E-3 Before the City Planner issues a Zoning Clearance, Permittee must submit the Final Landscape Plan to RSRPD to show the relocation of the dog park to the front east side of the recreation area. The relocation will create more 153
RES. NO. SVPC 04-2024
CASE NO.: Z-S-2022-0005/SP-S-2023-0002/PD-S-2022-0015
APPLICANT: Adrian Stern

41 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) distance from the dogs and members of the public who use the Arroyo Greenway Bike Path.

E-4 Before the City Planner issues a Zoning Clearance, Permittee must submit Final Landscape plans to RSRPD showin g that the proposed trees will be outside the canopy of the existing trees located on the Arroyo Simi Greenway Property.

E-5 Permittee must submit a Final Fencing Plan to RSRPD Director of Planning and Maintenance showing that the proposed retaining wall adjacent to the Arroyo Greenway will not impact the existing trees within the Arroyo Greenway.

END OF ALL CONDITIONS

154
RES. NO. SVPC 04-2024
CASE NO.: Z-S-2022-0005/SP-S-2023-0002/PD-S-2022-0015
APPLICANT: Adrian Stern

42 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg)

AFFIDAVIT

I, ________________, do hereby declare under penalty of perjury that I have Power of attorney on behalf of all property owners of the subject application and that all property owners accept all conditions imposed by the Planning Commission in their approval of PD-S-2022-0015. Permittee and property owners agree to comply with these conditions and all other applicable laws and regulations that affect this project.

Signature___________________________ ________________ D a t e

Printed Name________________________
155

THIS PAGE WAS INTENTIONALLY LEFT BLANK
156

REDUCED EXHIBITS
EXHIBIT 1
157
elec.
me.
elec.
me.

G1
G3
GATE
MOTOR
GATE
MOTOR
G4

PROPERTY LINE
N 71°29'-50 30"W
130.69.00'
Δ 02°34'40"R 2960.00L = 133.18"
PROPERTY LINE N 89°59'30"W 286.34'

PROPERTY LINE
PROPERTY LINE N 00°00'30"W 192.34'
elec.
me.
elec.
me.
elec.
me.
elec.
me.

PROPERTY LINE 131.33'
PROPERTY LINE N 00°00'30"W 285.91'
G2
30" X 48"
30" X 48"

GGATEGGAGGAGGATEGAGATEAATEATE

MOMMOMOMOMOMOOOTOROTOROTOTTORR
286.286.286288 3434'334'
PROPERTY LINPROPERTY LINPROPERTY LINPROPERTY LIPROPERTYE TYL ILII E N 89°59E N 89°59EE N 89°5N 89°59898 '30"W30"W30"W L-1

PRELIMINARY

LANDSCAPE
PLAN
N
E
S
W
0' 20' 40'10' 20'
SCALE: 1" =20'-0"

ARROYO SIMI GREENWAY

PRELIMINARY LANDSCAPE PLAN
Ex Tree, typ.

EXISTING TREES TO REMAIN
Arborist Report
48 Fan Palm
49 Eucalyptus cladocalyx
50 Fan Palm
51 Fan Palm
52 Fan Palm
53 Fan Palm
54 Fan Palm
55 Fan Palm
94 Pinus halepensis
95 Pinus halepensis
97 Pinus halepensis
98 Schinus molle
99 Schinus molle
101 Quercus virginiana
102 Fan Palm
103 Fan Palm
104 Fan Palm
106 Fan Palm
107 Fan Palm
108 Fan Palm
A3 Koelreuteria bipinnata
A4 Tristaniopsis laurina
A5 Tristaniopsis laurina
A6 Koelreuteria bipinnata
A7 Koelreuteria bipinnata
Simi Housing #3
L Lophostemon confertus
PC Pinus canariensis
P Platanus x acerifolia 'Columbia'

SHRUBS, GRASSES
Agave attenuata Foxtail Agave
Arctostaphylos d. 'Howard McMinn' Manzanita
Callistemon 'Little John' Compact Callistemon
Cistanthe grandiflora Rock Purslane
Cistus 'Sunset' Rockrose
Clivia miniata Bush Lily
Cordyline 'Design-a-line Burgundy' Burgundy Cordyline
Dianella tasmanica Flax Lily
Duranta erecta Sky Flower
Heteromeles arbutifolia Toyon
Mahonia aquifolium compacta Oregon Grape Holly
Muhlenbergia dubia Dwarf Muhly
Myrsine africana African Boxwood
Myrtus communis 'Compacta' Dwarf Myrtle
Philodendron 'Xanadu' Winterbourn Philodendron
Prunus ilicifolia Catalina Cherry
Rhaphiolepis u. 'Minor' Dwarf Yeddo Hawthorn
Rhus integrifolia Lemonade Berry
Salvia x clevelandii 'Pozo Blue' Pozo Blue Hybrid Musk Sage Trachelospermum jasminoides Star Jasmine
TREES
Cercis occidentalis Western Redbud
Cupaniopsis anacardioides Carrot wood Tree
Geijera parviflora Australian Willow
Ginkgo biloba (male only) Maidenhair Tree
Olea europaea 'Wilsonii' Fruitless Olive
Lophostemon confertus Brisbane Box
Platanus acerifolia ‘Columbia’ Columbia London Plane Tree Tristaniopsis laurina 'Elegant' Elegant Water Gum

PRELIMINARY PLANT LEGEND

GROUNDCOVERS
Dianella c. 'Cassa Blue' Blue Flax Lily
Dietes grandiflora Fortnight Lily
Fragaria chiloensis Beach Strawberry
Lippia nodiflora Kurapia (in parkway)
Senecio mandraliscae Blue Chalksticks
VINES
Ficus repens Creeping Fig
Macfadyena unguis-cati Yellow Trumpet Vine

SITE IMPROVEMENT LEGEND
1 Concrete Paving - Integral color TBD, light sand float finish 2 Concrete Banding - color 'Natural Gray', broom finish 4 Outdoor Kitchen with BBQ, 34" ht.
5 Masonry Table - smooth finish on top, 42" ht. with barstools 6 Spa - 8' diameter
7 Fireplace
8 Spa Safety Fence and Gates - 5' ht. minimum
3 Seat Wall - concrete, smooth finish on top, 18" ht.

ID# Name

1. Existing tree ID #'s per Arborist's Report.

2. This plan will comply with the requirements of the City of Simi Valley Municipal Code and the State Water Efficient Landscape Ordinances.

3. This plan will comply with the requirements of the Tree Report for this project and the tree mitigation outlined therein.

4. Street trees, plant material and irrigation system(s), within the public right-of-way, for this project are to be maintained by the Development/HOA/Property owner in perpetuity per Simi Valley Municipal Code Maintenance Standards.

5. All above ground utilities must be screened with a minimum of 15 gallon size shrub and provide a minimum 75% screening at installation.

6. Proposed planting theme is Mediterranean drought tolerant, adapted to local climate.

7. 100% of the Total Landscape Area consists of shrubs and groundcovers.

No turf or high water plants proposed in Landscape Design.

8. Block walls over three (3) feet high to be covered with Ficus repens.

9. No objects over 30" in height, that affect sight distance, shall be located within the lines of sight at any driveway.

10. Total Landscape Area = 16,354 square feet.

11. Civil Engineer to confirm slight clearances prior to construction.

NOTES
SYMBOL
ANTELOPE VALLEY OFFICE:
1035 West Lancaster Boulevard
Lancaster, California 93534
661.949.0771 FAX 661.949.2843
E-Mail: [email protected]
HEADQUARTERS OFFICE:
815 Colorado Blvd, Suite 200
Los Angeles, CA 90041
323.543.8300 FAX 323.543.8198
E-Mail: [email protected]
SIMI VALLEY HOUSING #4
"RIDGE APARTMENTS"
1575 ERRINGER ROAD

SIMI VALLEY, CA
APN: 632-0-050-355 AND
632-0-050-395
CASE#: PD-S-

PROPERTY OWNER AND
APPLICANT :

Erringer Road Associates LLC
17404 Ventura Blvd., Second Floor
Encino, CA 91361
ARCHITECT:

FLEWELLING & MOODY
Michael Stahlheber C-14530
815 Colorado Blvd., Suite 200
Los Angeles, CA 9004194
95 97
98 99
101
102
103
104
106
107
108
55 54
53 52
51 5049A4
A5
A6
A7
Ex Tree, typ. Ex Palm, typ.

PROPERTY LINE

PROPERTY LINE
SIMI HOUSING #3
A3
48 ADJACENT OFFICE BUILDING
1 1
5 Evergreen Canopy Tree
eg. Tristaniopsis laurina 'Elegant'
Flowering Accent Tree
eg. Cercis occidentalis
Evergreen Accent Tree
eg. Olea europaea 'Wilsonii'
2 3
4 6 SPA
7 8
5' min.
typ.

Outdoor Shower,
30"x60",
See Architect's Plans
9 Artificial Turf - at Dog Park/Bocce
9 PROPOSED TREE IMAGES
Cercis occidentalis
Olea europaea 'Wilsonii' Tristaniopsis laurina 'Elegant'

SIDEWALK
PA, typ.

DOG PARK

SIDEWALK
PA

SITE ELEMENT IMAGES
Fireplace Outdoor Kitchen Seatwall
L
PC
L
L
P
PC
PC
Ex Hedge
Evergreen Shrub
eg. Rhaphiolepis u. 'Minor'
Deciduous Canopy Tree
eg. Platanus acerifolia 'Columbia'
Evergreen Tree
eg. Lophostemon confertus
Evergreen Canopy Tree
eg. Cupaniopsis anarcoides
10 Dogs Safety Fence and Gate - 5' ht. minimum
11 Dog Wash Station
10 New retaining wall
with 6' high fence on top.

See Architect's Plans
11 Trash
Cupaniopsis anarcoides Geijera parviflora Lophostemon confertus Platanus acerifolia 'Columbia'
Covered Parking, typ.

See Architect's Plans
Covered Parking, typ.

See Architect's Plans
Deciduous Canopy Tree
eg. Platanus acerifolia 'Columbia'
PA strip,
@ PL
JH
Light post typ.

See Architect's Plans

05.02.23 22.09
BB
No. 4880
EXP. 4/30/25
These drawings, including all related design, details, specifications, and information are and shall remain the sole property of Brodersen Associates and are for use on this specific project and shall not be copied, disclosed to others or used without the expressed written consent of Brodersen Associates.

T
Electrical
Trash
12 DG Paving
12 CL 1
5' min.
typ.
5 9

FLEX SPACE

BOCCE /

PROPERTY LINE
PA
New 6' high fence,
See Architect's Plans
Evergreen vine,
eg 'Ficus repens
Electrical
Ex Palm, typ.
12 CL
5'
Driveway and vertical obstructions:

New 6' high fence,
See Architect's Plans
Ex fence
to remain
Evergreen vine,
eg 'Ficus repens
Evergreen vine,
eg 'Ficus repens
Driveway and vertical obstructions:

The line of sight for the project driveways
shall be in accordance with City Standard
SV 20: 130' line of sight and restricted areas
at uncontrolled intersections. no objects
over 30 inches in height that affect sight
distance shall be located within the lines of
sight.
* Civil Engineer to confirm sight clearances
prior to construction.
10'
CL
5'
10'
Flowering Shrub
eg. Callistemon v. 'Little John'
Groundcover
eg. Senecio mandraliscae
Shrub
eg. Muhlenbergia dubia
16'-8"
1800'-0" 7'-6" 7'-6"
City of Simi Valley - Environmental Services
Department
Planning Division
Planning Commission
Date: March 28, 2024
Planner: Elizabeth Richardson
Project Number: PD-S-2022-0015
Exhibit: Landscape Plan 1
EXHIBIT 1
158
elec.
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elec.
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G1
G3
GATE
MOTOR
GATE
MOTOR
G4

PROPERTY LINE
N 71°29'-50 30"W
130.69.00'
Δ 02°34'40"R 2960.00L = 133.18"
PROPERTY LINE N 89°59'30"W 286.34'

PROPERTY LINE
PROPERTY LINE N 00°00'30"W 192.34'
elec.
me.
elec.
me.
elec.
me.
elec.
me.

PROPERTY LINE 131.33'
PROPERTY LINE N 00°00'30"W 285.91'
G2
30" X 48"
30" X 48"

GATGATEGGAGAGGGGATEGAATETE

MOMOOOTOOTOROTOR
PROPERTY LINPROPERTYPROPERTY LINPROPERTY LINPROPERTY LINPROPERTY LINOPERTY LINPERTY LINERTYYL IYL E N 89°5EEE N 89°59EE N 89°59N 89°59889°59'30"W 286'30"W'30"W 286'30"W 286.'30"W 28686.8686 3434'33344'4 elec.
me.
elec.
me.

G1
G3
GATE
MOTOR
GATE
MOTOR
G4

PROPERTY LINE
N 71°29'-50 30"W
130.69.00'
Δ 02°34'40"R 2960.00L = 133.18"
PROPERTY LINE N 89°59'30"W 286.34'

PROPERTY LINE
PROPERTY LINE N 00°00'30"W 192.34'
elec.
me.
elec.
me.
elec.
me.
elec.
me.

PROPERTY LINE 131.33'
PROPERTY LINE N 00°00'30"W 285.91'
G2
30" X 48"
30" X 48"

GGATGAGAGATEAATEE

MOMOOOTOOTORTOR
PROPERTY LINE N 89°PROPERTY LINEPROPERTY LINE N 89°59'PROOPERTY LINE N 89°59'ERTY LINEERTY LINE N 89°59R YL I N E N889 30"W 286.3430"W 28630"W 286.330 286.34'286.386 34'

LANDSCAPE AREA

SQUARE FOOT

EXHIBIT &

SHADE STUDY
N
E
S
W
JH
0' 20' 40'10' 20'
SCALE: 1" =20'-0"
BB

LANDSCAPE AREA SQUARE FOOTAGE EXHIBIT
TOTAL LANDSCAPE AREA = 10,917 SF
Shrubs and Groundcovers: 8,787 SF (81% of total landscape area) Artificial Turf: 2,130 SF (19% of total landcape area)
No turf or high water plants proposed in Landscape Design.

LANDSCAPE AREA SQUARE FEET
1 600 SF
2 1,737 SF
41 1 5 S F
51 2 9 S F
6 645 SF
7 1,094 SF
8 30 SF
9 318 SF
10 50 SF
11 179 SF
12 436 SF
14 102 SF
15 250 SF
18 393 SF
19 126 SF
13 46 SF
31 5 3 S F
16 8 SF
17 115 SF
20 2,132 SF
1 16
N
E
S
W
L-2
ANTELOPE VALLEY OFFICE:
1035 West Lancaster Boulevard
Lancaster, California 93534
661.949.0771 FAX 661.949.2843
E-Mail: [email protected]
HEADQUARTERS OFFICE:
815 Colorado Blvd, Suite 200
Los Angeles, CA 90041
323.543.8300 FAX 323.543.8198
E-Mail: [email protected]
SIMI VALLEY HOUSING #4
"RIDGE APARTMENTS"
1575 ERRINGER ROAD

SIMI VALLEY, CA
APN: 632-0-050-355 AND
632-0-050-395
CASE#: PD-S-

PROPERTY OWNER AND
APPLICANT :

Erringer Road Associates LLC
17404 Ventura Blvd., Second Floor
Encino, CA 91361
ARCHITECT:

FLEWELLING & MOODY
Michael Stahlheber C-14530
815 Colorado Blvd., Suite 200
Los Angeles, CA 90041
JH

05.02.23 22.09
No. 4880
EXP. 4/30/25
These drawings, including all related design, details, specifications, and information are and shall remain the sole property of Brodersen Associates and are for use on this specific project and shall not be copied, disclosed to others or used without the expressed written consent of Brodersen Associates. 36” Box trees canopy size average 8' diameter (BrightView). Estimated canopy diameter growth rate 2' per year (UFEI). 8' + 5years x (2' diam. per year) = 18' Diameter canopy 5 years after planting. Shade study does not include interior courtyard or landscaped areas in parking lot. Shade study calculations based on warmest summer month in Simi Valley, CA August 21, 2pm sun angle.

Total Parking Lot Area (uncovered): 26,831 SF
Parking Lot Shade - Building: 5,853 SF (22% of total parking lot area) Parking Lot Shade - Trees: 10,254 SF (38% of total parking lot area) Parking Lot Shade - Trees & Bldg: 15,433 SF (58% of total parking lot area) Scale: NTS
Shade Calculation - Trees
Shade Calculation - Building

ARROYO SIMI GREENWAY

ADJACENT OFFICE BUILDING
2 3
4 5 6
7 8
9 10
11 1213
14 15
17 18
19 20
21 21 129 SF
22 2,130 SF (artificial turf)

TREE SHADE STUDY
22 City of Simi Valley - Environmental Services
Department
Planning Division
Planning Commission
Date: March 28, 2024
Planner: Elizabeth Richardson
Project Number: PD-S-2022-0015
Exhibit: Landscape Plan 2
159
City of Simi Valley - Environmental Services
Department
Planning Division
Planning Commission
Date: March 28, 2024
Planner: Elizabeth Richardson
Project Number: PD-S-2022-0015
Exhibit: Building Elevation 1
160
161
162
163
1575 ERRINGER ROAD
SIMI VALLEY, CA 93065

THE RIDGE APARTMENTSFLEWELLING AND MOODY
815 COLORADO BLVD, SUITE 200
LOS ANGELES, CA 90041
(325) 543-8300

OMEGA STUCCO
#427 (#1C105) COOL GREY

OMEGA STUCCO
#430 (1C450) MOCHA

TAYLOR METAL SIDING
SRI-31 TAHOE BLUE

DUNN EDWARDS PAINT
DE5816 SEAL PUP

DUNN EDWARDS PAINT
DE5817 STORMY SEA

DUNN EDWARDS PAINT
DE5818 MIDNIGHT HAZE

DUNN EDWARDS
DE6366 SILVER SPOON

HARDIE SIDING

LIGHT MIST

HARDIE TRIM

IRON GRAY

PAC-CLAD SUNSHADE

STONE WHITE
City of Simi Valley - Environmental Services
Department
Planning Division
Planning Commission
Date: March 28, 2024
Planner: Elizabeth Richardson
Project Number: PD-S-2022-0015
Exhibit: Color and Materials Board
164
City of Simi Valley - Environmental Services
Department
Planning Division
Planning Commission
Date: March 28, 2024
Planner: Elizabeth Richardson
Project Number: PD-S-2022-0015
Exhibit: Architectural Site Plan 1
165
City of Simi Valley - Environmental Services
Department
Planning Division
Planning Commission
Date: March 28, 2024
Planner: Elizabeth Richardson
Project Number: PD-S-2022-0015
Exhibit: Architectural Site Plan 2
166
City of Simi Valley - Environmental Services
Department
Planning Division
Planning Commission
Date: March 28, 2024
Planner: Elizabeth Richardson
Project Number: PD-S-2022-0015
Exhibit: Floor Plan 1
167
City of Simi Valley - Environmental Services
Department
Planning Division
Planning Commission
Date: March 28, 2024
Planner: Elizabeth Richardson
Project Number: PD-S-2022-0015
Exhibit: Floor Plan 2
168
City of Simi Valley - Environmental Services
Department
Planning Division
Planning Commission
Date: March 28, 2024
Planner: Elizabeth Richardson
Project Number: PD-S-2022-0015
Exhibit: Floor Plan 3
169
City of Simi Valley - Environmental Services
Department
Planning Division
Planning Commission
Date: March 28, 2024
Planner: Elizabeth Richardson
Project Number: PD-S-2022-0015
Exhibit: Floor Plan 4
170
City of Simi Valley - Environmental Services
Department
Planning Division
Planning Commission
Date: March 28, 2024
Planner: Elizabeth Richardson
Project Number: PD-S-2022-0015
Exhibit: Roof Plan
171
City of Simi Valley - Environmental Services
Department
Planning Division
Planning Commission
Date: March 28, 2024
Planner: Elizabeth Richardson
Project Number: PD-S-2022-0015
Exhibit: Building Elevation 2
172
City of Simi Valley - Environmental Services
Department
Planning Division
Planning Commission
Date: March 28, 2024
Planner: Elizabeth Richardson
Project Number: PD-S-2022-0015
Exhibit: Building Elevation 3
173
City of Simi Valley - Environmental Services
Department
Planning Division
Planning Commission
Date: March 28, 2024
Planner: Elizabeth Richardson
Project Number: PD-S-2022-0015
Exhibit: Building Elevation 4
174
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SIMI VALLEY HOUSING #4
1/3/24
City of Simi Valley - Environmental Services
Department
Planning Division
Planning Commission
Date: March 28, 2024
Planner: Elizabeth Richardson
Project Number: PD-S-2022-0015
Exhibit: Civil Site Plan 1
176
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THIS PAGE WAS INTENTIONALLY LEFT BLANK
180

ERRINGER ROAD APARTMENTS PROJECT

CITY OF SIMI VALLEY, CALIFORNIA

TRAFFIC AND CIRCULATION STUDY

November 8, 2022 ATE Project 22081

Prepared for:

Itule Real Estate Group
920 Hampshire Road, Suite A4
Westlake Village, California 91361

ASSOCIATED TRANSPORTATION ENGINEERS
100 N. Hope Avenue, Suite 4, Santa Barbara, CA 93110 • (805) 687-4418 • FAX (805) 682-8509 EXHIBIT 2
181

ASSOCIATED TRANSPORTATION ENGINEERS
100 N. Hope Avenue, Suite 4, Santa Barbara, CA 93110 • (805)687-4418 • [email protected]

Since 1978

Richard L. Pool, P.E.

Scott A. Schell

November 8, 2022

Mr. Chris Itule
Itule Real Estate Group
920 Hampshire Road, Suite A4
Westlake Village, CA 91361

TRAFFIC AND CIRCULATION STUDY FOR THE

ERRINGER ROAD APARTMENTS PROJECT, CITY OF SIMI VALLEY, CALIFORNIA

Associated Transportation Engineers (ATE) has prepared the following traffic and circulation study for the Erringer Road Apartments Project. It’s our understanding that the traffic and circulation study will be used by the City of Simi Valley to assess the potential traffic impacts associated with the Project and develop approp riate traffic fees and mitigation measures where required.

We appreciate the opportunity to assist Itule Real Estate Group with this Project.

Associated Transportation Engineers

By: Scott A. Schell
Principal Transportation Planner
182

TABLE OF CONTENTS

INTRODUCTION........................................................................................................... 1

PROJECT DESCRIPTION ................................................................................................ 1

EXISTING CONDITIONS ............................................................................................... 1 Street Network ..................................................................................................... 1 Intersection Levels of Service ................................................................................ 5

CITY OF SIMI VALLEY LEVEL OF SERVICE STANDARD .................................................. 6

PROJECT-SPECIFIC ANALYSIS ......................................................................................... 6 Project Trip Generation ........................................................................................ 9 Project Trip Distribution and Assignment .............................................................. 9 Existing + Project Intersection Levels of Service .................................................... 9 Project Site Access and Circulation ..................................................................... 12 Pedestrian and Bicycle Facilities ......................................................................... 13 Transit Facilities .................................................................................................. 13

GENERAL PLAN BUILDOUT CONDITIONS ................................................................. 14 Transportation Plans and Programs ..................................................................... 14 General Plan Buildout Intersection Levels of Service ........................................... 14

MITIGATION MEASURES ............................................................................................. 17

SUMMARY ................................................................................................................... 17

REFERENCES AND PERSONS CONTACTED ................................................................. 18

TECHNICAL APPENDIX ................................................................................................ 19

183

LIST OF TABLES

Table 1 Existing Intersection Levels of Service ......................................................... 6 Table 2 Project Trip Generation .............................................................................. 9 Table 3 Existing + Project AM Peak Hour Intersection Levels of Service ................ 12 Table 4 Existing + Project PM Peak Ho ur Intersection Levels of Service................. 12 Table 5 General Plan Buildout Intersection Levels of Service - AM Peak Hour ....... 14 Table 6 General Plan Buildout Intersection Levels of Service - PM Peak Hour ........ 14 Table 7 Summary of Intersection Levels of Service - AM Peak Hour ....................... 17 Table 8 Summary of Intersection Levels of Service - PM Peak Hour ........................ 17

LIST OF FIGURES

Figure 1 Existing Street Networ k/Project Site Location ............................................... 2 Figure 2 Project Site Plan .......................................................................................... 3 Figure 3 Existing Lane Geometry and Traffic Control ................................................. 7 Figure 4 Existing Traffic Volumes .............................................................................. 8 Figure 5 Project Trip Distribution and Assignment .................................................. 10 Figure 6 Existing + Project Traffic Volumes ............................................................ 11 Figure 7 General Plan Buildout Traffic Volumes ...................................................... 15 Figure 8 General Plan Buildout + Project Traffic Volumes ...................................... 16 184

Erringer Road Apartments Project Associated Transportation Engineers Traffic and Circulation Study 1 November 8, 2022

INTRODUCTION

The following report presents ATE’s traffic, circulation, and VMT study for the Erringer Road Apartments Project (the AProject@). The report evaluates existing and future traffic operations for key intersections in the study area in order to determine the Project’s consistency with the City of Simi Valley’s General Plan level of se rvice policies. Site access and circulation are reviewed, and an evaluation of the Project’s potential CEQA impacts based on the State’s VMT requirements adopted under Senate Bill 743 is also provided.

PROJECT DESCRIPTION

The proposed apartment site is located on
the west side of Erringer Road just south of
Heywood Street. The Project is located
adjacent to the Arroyo Simi Greenway to
the south. Figure 1 illustrates the location of
the Project site within the City of Simi
Valley. The Project is proposing to develop
the vacant 2.10-acre site with a 66-unit
apartment building with related tenant
amenities. Access to the Project site would
be provided via two driveway connections
to Erringer Road. The northern driveway
would allow full access inbound and
outbound. The southern driveway would
be restricted to right-turns out only. Figure 2
illustrates the site plan for the Project.

EXISTING CONDITIONS

Street Network

The Project study area is served by a network of freeways, arterial streets, and collector streets, as illustrated in Figure 1. The following text provides a brief discussion of the primary components of the study-area street network.

State Route 118 (Ronald Reagan Freeway) , the principal east-west freeway in the City of Simi Valley, is located just north of the Project. The State Route 118 extends as an 8-lane freeway easterly from Simi Valley to the San Fernando Valley and the Los Angeles Basin.

West of Simi Valley, State Route 118 continues to the Ventura-Oxnard area as a conventional highway. Regional access to the Project is provided via the Erringer Road interchange.

185

EXISTING STREET NETWORK/PROJECT SITE LOCATION
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1 PROJECT SITE
186

PROJECT SITE PLAN
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2 187

Erringer Road Apartments Project Associated Transportation Engineers Traffic and Circulation Study 4 November 8, 2022

Los Angeles Avenue classified as a major
arterial street, consists of two separate
segments in the Simi Valley area. The
westerly segment begins at the State Route
118 freeway in the City of Moorpark and
extends easterly to Easy Street, which
continues to Madera Road. The easterly
segment begins at Madera Road south of
Easy Street and runs easterly through the
City of Simi Valley with a posted speed of
40/50 MPH in the vicinity of the Project
site. Los Angeles Avenue serves
commercial and residential land uses in the
study-area. Los Angeles Avenue is signalized at Erringer Road.

Erringer Road , is a 4-lane north-south
roadway with left-turn channelization at
major intersections and a posted speed of 40
MPH in the vicinity of the Project site.

Erringer Road extends northerly from
Sunnydale Avenue to the City =s northern
urban boundary. Erringer Road serves
commercial and residential land uses in the
study-area. Within the Project study-area,
Erringer Road is signalized at Los Angeles
Avenue, Patricia Avenue, Heywood Street
and Royal Avenue. Erringer Road would
provide direct access to the Project site via 2
proposed driveway connections.

Patricia Avenue, is a 2-lane east-west
roadway with a posted speed of 35 MPH
in the vicinity of the Project study-area.

Patricia Avenue extends southerly from
Los Angeles Avenue to Williams Street.

Patricia Avenue primarily serves
residential land uses in the study-area and
is signalized at Erringer Road.

188

Erringer Road Apartments Project Associated Transportation Engineers Traffic and Circulation Study 5 November 8, 2022
Royal Avenue is a 2- to 4-lane east-west
arterial/collector roadway with a posted
speed of 45 MPH in the vicinity of the
Project site. Most of Royal Avenue is fully
improved with curb, gutter, and sidewalk,
however portions of Royal Avenue are
improved with curb and gutter only.

Royal Avenue extends easterly from
Madera Road to Tapo Canyon Road.

Royal Avenue serves primarily residential
and commercial land uses in the study-
area and is signalized at Erringer Road.

Heywood Street , located north of the
Project site, is a 2-lane east-west
residential roadway. Most of Heywood
Street is fully improved with curb,
gutter, and sidewalk, however portions
of Heywood Street are improved with
curb and gutter only. Heywood Street
extends easterly from Duncan Street to
the southern city limits and becomes
Long Canyon Road. Within the Project
study-area, Heywood Street serves
commercial and residential land uses
and is signalized at Erringer Road.

Arryo Simi Greenway, located immediately south of the Project site is a recreational bike and pedestrian walkway that extends west from Corriganville Park to the City’s western boundary. The greenway serves the entire City and provides links to schools and parks. The greenway provides an alternative transportation link for bicycles and pedestrians.

Intersection Levels of Service

Because traffic flow on urban arterials is most restricted at intersections, a detailed analysis of traffic flow must examine the operating cond itions of critical intersections during peak flow periods. "Levels of Service" (LOS) A through F are used to rate intersection operations, with LOS A indicating very good operations and LOS F indicating poor operations (more complete definitions of levels of service are contained in the Technical Appendix). The City of Simi Valley considers LOS C or better acceptable.

189

Erringer Road Apartments Project Associated Transportation Engineers Traffic and Circulation Study 6 November 8, 2022
The existing intersection lane geometry and traffic controls are illustrated on Figure 3.

Existing AM and PM peak hour turning volumes for the study-area intersections are illustrated on Figure 4. The peak hour turning volumes were collected in October of 2021.

Levels of service for the signalized intersections were calculated using the Volume-to- Capacity (V/C) methodology required by the City of Simi Valley (Technical Appendix contains the level of service calculation worksheets). Table 1 lists the type of traffic control and the existing AM and PM peak hour levels of service for each of the intersections analyzed.

Table 1
Existing Intersection Levels of Service

Intersection Control Type AM Peak Hour PM Peak Hour

V/C LOS V/C LOS
Los Angeles Avenue/Erringer Road Signal 0.32 LOS A 0.62 LOS B Patricia Avenue/Erringer Road Signal 0.25 LOS A 0.45 LOS A Heywood Avenue/Erringer Road Signal 0.29 LOS A 0.38 LOS A Royal Avenue/Erringer Road Signal 0.36 LOS A 0.45 LOS A

The data presented in Table 1 indicate that the study-area intersections currently operate in the LOS A - B range during the AM and PM peak hour periods, which meets the City’s LOS C standard.

CITY OF SIMI VALLEY GENERAL PLAN POLICY LEVEL OF SERVICE STANDARD

The City of Simi Valley acceptable level of se rvice for intersections, as established in the General Plan Circulation Element, is LOS C or better. Mitigation is required for operations at LOS D or worse.

PROJECT-SPECIFIC ANALYSIS

The following section evaluates the project-spec ific effects related to the proposed Project based on the City of Simi Valley General Plan policies.

190
118
1 3
4 Los Angeles Avenue
Cochran Street
Heywood Street
Patricia Avenue
Duncan St
2 Royal Avenue
Arroyo Simi Greenway
Erringer Road

EXISTING LANE GEOMETRY AND TRAFFIC CONTROL
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3 Los Angeles Ave
1 Erringer Road
Patricia Avenue
2 Erringer Road
Heywood Street
3 Erringer Road
Royal Avenue
4 Erringer Road
LEGEND
- Signalized Intersection
- Lane Geometry
191
118
1 3
4 Los Angeles Avenue
Cochran Street
Heywood Street
Patricia Avenue
Duncan St
2 Royal Avenue
Arroyo Simi Greenway
Erringer Road

EXISTING TRAFFIC VOLUMES
A
T

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RANSPORTATION

E NGINEERS
FIGURE
N

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4 1
(77)253
(83)322
(387)789
645(382)
321(243)
117(69)
792(320)
316(111)
254(99)
(458)527
(168)120
(56)123
2 3 4
(20)44
(16)55
(3)9
878(502)
108(45)
74(19)
4(3)
63(56)
72(28)
(591)665
(57)63
(26)57
(88)78
(59)59
(4)4
814(429)
37(31)
80(33)
6(4)
48(32)
37(22)
(534)616
(19)26
(38)65
(116)118
(11)29
(477)427
363(179)
179(195)
137(56)
751(263)
284(105)
62(13)
(270)230
(48)48
(15)19
- (AM)PM Peak Hour Volume(XX)XX
LEGEND
192

Erringer Road Apartments Project Associated Transportation Engineers Traffic and Circulation Study 9 November 8, 2022
Project Trip Generation

Trip generation estimates were calculated for the Project based on rates published in the Institute of Transportation Engineers (ITE), Trip Generation, 11 th Edition for Low Rise Multifamily Housing (Land Use Code #221). 1This manual is a standard reference used by jurisdictions throughout the United States and is based on trip generation studies conducted at numerous locations in areas of various populations. Table 2 summarizes the average daily, AM and PM peak hour trip generation estima tes for the proposed Project (a worksheet showing the detailed trip generation calculations is contained in the Technical Appendix).

Table 2
Project Trip Generation

Land Use Size ADT
AM Peak Hour PM Peak Hour
Enterin
g Exiting Total Entering Exiting Total
Apartment 66 units 300 5 19 24 16 10 26

The data presented in Table 2 indicate that the Project generates 300 average daily trips (ADT), 24 AM peak hour trips and 16 PM peak hour trips.

Project Trip Distribution and Assignment

The project-generated AM and PM peak hour traffic volumes were distributed and assigned to the study-area intersections based on travel data derived from the existing traffic volumes as well as a general knowledge of the population, employment, and commercial centers in the Simi Valley area. Figure 5 illustrates the trip distribution and assignment assumed for the Project=s trips.

Existing + Project Intersection Levels of Service

Intersection levels of service for the study-area intersections were calculated assuming the Existing + Project traffic volumes shown on Figure 6 (LOS worksheets contained in Technical Appendix). Tables 3 and 4 list the results of the calculations.

1 Trip Generation, Institute of Transportation Engineers, 10 th Edition, 2017. 193
118
1 3
4 Los Angeles Avenue
Cochran Street
Heywood Street
Patricia Avenue
Duncan St
2 Royal Avenue
Arroyo Simi Greenway
Erringer Road

PROJECT TRIP DISTRIBUTION AND ASSIGNMENT
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5 1
(1)3
6(2)
4(1)
(7)4
(5)2
(3)2
2 3 4
13(4)
(15)8
13(4)
(0)1
1(2)
1(2)
2(1)
- (AM)PM Peak Hour Volume(XX)XX
LEGEND
% - Distribution Percentage
40%
25% 15%
10%
10%
(15)8
194
118
1 3
4 Los Angeles Avenue
Cochran Street
Heywood Street
Patricia Avenue
Duncan St
2 Royal Avenue
Arroyo Simi Greenway
Erringer Road
EXISTING + PROJECT TRAFFIC VOLUMES
A
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FIGURE
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6 1
(77)253
(84)325
(387)789
651(384)
321(243)
117(69)
792(320)
316(111)
258(100)
(465)531
(173)122
(59)125
2 3 4
(20)44
(16)55
(3)9
891(506)
108(45)
74(19)
4(3)
63(56)
72(28)
(606)673
(57)63
(26)57
(88)78
(59)59
(4)4
814(429)
37(31)
93(37)
6(4)
48(32)
37(22)
(549)624
(19)26
(38)65
(116)119
(11)29
(477)427
363(179)
180(197)
138(58)
751(263)
286(106)
62(13)
(270)230
(48)48
(15)19
- (AM)PM Peak Hour Volume(XX)XX
LEGEND
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Erringer Road Apartments Project Associated Transportation Engineers Traffic and Circulation Study 12 November 8, 2022
Table 3
Existing + Project AM Peak Hour Intersection Levels of Service

Intersection Existing Existing + Project V/C Change Consistent? V/C LOS V/C LOS Los Angeles Avenue/Erringer Road 0.32 LOS A 0.32 LOS A 0.00 YES Patrcia Avenue/Erringer Road 0.25 LOS A 0.26 LOS A 0.01 YES Heywood Street/Erringer Road 0.29 LOS A 0.30 LOS A 0.01 YES Royal Avenue/Erringer Road 0.36 LOS A 0.36 LOS A 0.00 YES

Table 4
Existing + Project PM Peak Hour Intersection Levels of Service

Intersection Existing Existing + Project V/C Change Consistent? V/C LOS V/C LOS Los Angeles Avenue/Erringer Road 0.62 LOS B 0.62 LOS B 0.00 YES Patrcia Avenue/Erringer Road 0.45 LOS A 0.45 LOS A 0.00 YES Heywood Street/Erringer Road 0.38 LOS A 0.38 LOS A 0.00 YES Royal Avenue/Erringer Road 0.45 LOS A 0.46 LOS A 0.01 YES

The data presented in Tables 3 and 4 indicate that the Project would not have an adverse effect on the study-area intersections during AM and PM peak hour periods. The study-area intersections would continue to operate in the LOS A - B range with the addition of Project- generated traffic. The Project would therefore not have an adverse effect on any of the study- area intersections based on City of Simi Valley General Plan policies.

Project Site Access and Circulation

As illustrated in the Project site plan (Figure 2), access to the Erringer Road Apartments would be provided via two driveways on Erringer Road. The northern Project driveway would allow full access, while the southern Project driveway would be restricted to right-turns out only.

Adjacent to the Project site a center left-turn lane is provided. The center turn lane would allow for left-turns inbound from Erringer Road into the Project site. Given the existing and future forecasted traffic volumes (20,900 – 21,000 ADT) on Erringer Road, the Project access driveways would operate acceptably and acco mmodate Project traffic volumes. Based on the trip generation presented in Table 2, less than 20 vehicles per hour would be entering or exiting the two driveways.

Review of the site plan also indicates that the proposed internal circulation layout would adequately accommodate the flow of vehicular traffic on-site. The Project will complete all required frontage and driveway improvements along Erringer Road. The driveways should provide adequate sight distance as required by the City of Simi Valley. The sight distance looking to the north and south from the drivew ays could be restricted by trees along the Project’s frontage. This line of trees should therefore be regularly maintained. The ultimate 196

Erringer Road Apartments Project Associated Transportation Engineers Traffic and Circulation Study 13 November 8, 2022
configuration of the site plan, including site access and frontage improvements, will be subject to final review and approval by the City of Simi Valley.

Pedestrian and Bicycle Facilities

Currently there are pedestrian facilities (sidew alks, etc.) located along Erringer Road in the study-area. The sidewalks connect the Project to the local transit service provided in the study-area on Erringer Road, Los Angeles Avenue, and Royal Avenue. The nearest pedestrian crosswalk across Erringer Road is provided at the signalized Arroyo Simi Greenway intersection. Striped pedestrian crosswalks , ADA ramps and pedestrian call buttons are provided on the eastern and western legs of the signalized intersection. Immediately to the north, a pedestrian crosswalk across Erringer Ro ad is provided at the signalized Heywood Street intersection. Striped pedestrian crosswalks, ADA ramps with detectable warning strips and pedestrian call buttons are provided on e ach leg of the signalized intersection. The proposed Project would not have an adverse effect on the existing pedestrian facilities.

The Project site is served by the City of Simi Valley Bikeway system. The existing bicycle facilities located in the study-area consist of Class I, Class II and Class III bike lanes along the Arroyo Simi Greenway, Erringer Road, and Los Angeles Avenue. The bike lanes connect the Project to commercial and recreational areas north, south, east, and west of the Project and offer an alternative mode of travel. The proposed Project would not have an adverse effect on the existing bicycle facilities.

Immediately adjacent to the Project site is the Arryo Simi Greenway a recreational bike and pedestrian walkway that extends west from Corriganville Park to the City’s western boundary. The greenway serves the entire City and provides links to schools and parks. The greenway provides an alternative transportation link for bicycles and pedestrians.

Transit Facilities

Simi Valley Transit is the local transit provider in the City of Simi Valley. The Project site is served by the #20 Route and #30 Route. The #20 Route operates Monday through Saturday providing fixed route bus service on Erringer Road, Los Angeles Avenue and Royal Avenue in the vicinity of the Project site. During the peak commute hours, the #20 Route operates with 40-minute headways. The #30 Route ope rates Monday through Saturday providing fixed route bus service on Erringer Road and Royal Avenue in the vicinity of the Project site.

During the peak commute hours, the #30 Route operates with 30-minute headways. Existing bus stops for both routes are located less than 0.10 of a mile from the Project site on the east and west sides of Erringer Road at the Erringer Road/Heywood Street intersection. Benches are provided at each bus stop, the stop on the east side of Erringer Road also provides a shelter. The Project has the potential to incr ementally increase transit ridership and the demand for bus service in the study-area, however the existing transit service has the capacity to accommodate these increases.
197

Erringer Road Apartments Project Associated Transportation Engineers Traffic and Circulation Study 14 November 8, 2022

GENERAL PLAN BUILDOUT CONDITIONS

The potential cumulative traffic effects associated with the Project were assessed using traffic forecasts generated by the City's traffic model for General Plan Buildout traffic conditions.

The land use data base for the traffic model assumed high density residential development on the Project site.

Transportation Plans and Programs

As part of the General Plan Circulation Elem ent, the City has determined the necessary roadway sections and intersection geometrics required to accommodate buildout of the City.

The City's Capital Improvement Program (CIP ) identifies these improvements, which are funded using the Capital Improvement Fund (CIF). Monies for the CIF are obtained from traffic improvement fees required of new developments. Thus, the City has planned for the orderly implementation of a circulation system that will accommodate buildout of the City - including development of the existing land uses proposed within the western portion of the City (i.e. the project-study area).

General Plan Buildout Intersection Levels of Service

Figure 7 illustrates the General Plan Buildout traffic volumes. Figure 8 illustrates the General Plan Buildout + Project traffic volumes. Tables 5 and 6 present the AM and PM peak hour intersection levels of service for the Genera l Plan Buildout scenarios with and without project-generated traffic volumes and identify the Project’s consistency with the City’s General Plan level of service policies. Level of service worksheets are contained in the Technical Appendix for reference.

Table 5
General Plan Buildout Intersection Levels of Service ─ AM Peak Hour

Intersection V/C – Level of Service V/C Change Consistent? General Plan General Plan with Project Los Angeles Avenue/Erringer Road 0.60 – A 0.60 - A 0.00 YES Patrcia Avenue/Erringer Road 0.55 – A 0.55 - A 0.00 YES Heywood Street/Erringer Road 0.53 – A 0.54 - A 0.01 YES Royal Avenue/Erringer Road 0.78 – C 0.78 – C 0.00 YES

Table 6
General Plan Buildout Intersection Levels of Service ─ PM Peak Hour

Intersection V/C – Level of Service V/C Change Consistent? General Plan General Plan with Project Los Angeles Avenue/Erringer Road 0.68 - B 0.68 – B 0.00 YES Patrcia Avenue/Erringer Road 0.59- A 0.59 - A 0.00 YES
Heywood Street/Erringer Road 0.47 - A 0.47 - A 0.00 YES Royal Avenue/Erringer Road 0.59 - A 0.60 - A 0.01 YES
198
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4 Los Angeles Avenue
Cochran Street
Heywood Street
Patricia Avenue
Duncan St
2 Royal Avenue
Arroyo Simi Greenway
Erringer Road

GENERAL PLAN BUILDOUT TRAFFIC VOLUMES
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N

NOT TO SCALE
- ATE#22081GM
7 1
(104)38
(142)185
(678)845
742(652)
419(263)
172(121)
1438(469)
328(266)
295(207)
(765)587
(200)290
(72)167
2 3 4
(39)100
(31)65
(8)23
1021(1169)
146(53)
127(44)
13(11)
106(60)
94(79)
(1264)948
(155)80
(69)72
(90)80
(60)60
(5)5
1060(1209)
40(35)
80(35)
10(5)
50(35)
40(25)
(1363)970
(20)30
(40)65
(194)141
(81)46
(779)539
484(569)
310(409)
173(105)
927(654)
350(402)
83(50)
(599)323
(108)66
(45)37
- (AM)PM Peak Hour Volume(XX)XX
LEGEND
199
118
1 3
4 Los Angeles Avenue
Cochran Street
Heywood Street
Patricia Avenue
Duncan St
2 Royal Avenue
Arroyo Simi Greenway
Erringer Road
GENERAL PLAN BUILDOUT + PROJECT TRAFFIC VOLUMES
A
T

SSOCIATED

RANSPORTATION

E NGINEERS
FIGURE
N

NOT TO SCALE
- ATE#22081GM
8 1
(104)38
(143)188
(678)845
748(654)
419(263)
172(121)
1438(469)
328(266)
299(208)
(772)591
(205)292
(75)169
2 3 4
(39)100
(31)65
(8)23
1034(1173)
146(53)
127(44)
13(11)
106(60)
94(79)
(1279)956
(155)80
(69)72
(90)80
(60)60
(5)5
1060(1209)
40(35)
93(39)
10(5)
50(35)
40(25)
(1378)978
(20)30
(40)65
(194)142
(81)46
(779)539
484(569)
311(411)
174(107)
927(654)
352(403)
83(50)
(599)323
(108)66
(45)37
- (AM)PM Peak Hour Volume(XX)XX
LEGEND
200

Erringer Road Apartments Project Associated Transportation Engineers Traffic and Circulation Study 17 November 8, 2022
Tables 5 and 6 show that the study-area inters ections are forecast to operate in the LOS A - B range during the peak hour periods with Ge neral Plan Buildout volumes, including the proposed Erringer Road Apartments Projec t. The Project would therefore not have an adverse effect on any of the study-area intersec tions based on City of Simi Valley General Plan policies.

MITIGATION MEASURES

The proposed Project is subject to the City’s traffic mitigation fee program, with collected fees used for the future transportation improvements required to accommodate future traffic volumes. The General Plan Buildout analysis showed that the future service levels at the study-area intersections would be maintained at LOS C or better assuming the transportation improvements planned by the City. The City's CIP identifies these improvements and funds them via traffic fees required of new developments. The Project would contribute to the future improvements by payment of traffic miti gation fees to offset its cumulative traffic contributions.

SUMMARY

The Erringer Road Apartments Project is not expected to have an adverse effect on the study- area intersections in the Existing + Project or General Plan Buildout + Project scenarios, based on City of Simi Valley General Plan policies. Tables 7 and 8 summarize the levels of service at the study-area intersections.

Table 7
Summary of Intersection Levels of Service ─ AM Peak Hour

Intersection V/C - Level of Service
Existing Existing + Project General Plan General Plan + Project Los Angeles Avenue/Erringer Road 0.32 - A 0.32 - A 0.60 - A 0.60 - A Patricia Avenue/Erringer Road 0.25 - A 0.26 - A 0.55 - A 0.55 - A Heywood Street/Erringer Road 0.29 - A 0.30 - A 0.53 - A 0.54 - A Royal Avenue/Erringer Road 0.36 - A 0.36 - A 0.78 - C 0.78 - C

Table 8
Summary of Intersection Levels of Service ─ PM Peak Hour

Intersection V/C - Level of Service
Existing Existing + Project General Plan General Plan + Project Los Angeles Avenue/Erringer Road 0.62 - A 0.62 - A 0.68 - B 0.68 - B Patricia Avenue/Erringer Road 0.45 - A 0.45 - A 0.59 - A 0.59 - A Heywood Street/Erringer Road 0.38 - A 0.38 - A 0.47 - A 0.47 - A Royal Avenue/Erringer Road 0.45 - A 0.46 - A 0.59 - A 0.60 - A

# # #
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Erringer Road Apartments Project Associated Transportation Engineers Traffic and Circulation Study 18 November 8, 2022

REFERENCES AND PERSONS CONTACTED

Associated Transportation Engineers - Study Preparers

Scott A. Schell, Principal Planner
Darryl F. Nelson, Senior Transportation Planner
Glenn Manaois, Traffic Engineer I

Persons Contacted

Justin Link, P.E., City of Simi Valley

Written Material

Interim Materials on Highway Capacity, Tran sportation Circular #212, Transportation Research Board, National Academy of Sciences, 1980.

Trip Generation, Institute of Transportation Engineers, 11th Edition, 2021.

Simi Valley Transportation Model and LOS Analysis Update, Iteris, December 2017. 202

Erringer Road Apartments Project Associated Transportation Engineers Traffic and Circulation Study 19 November 8, 2022

TECHNICAL APPENDIX

CONTENTS:

LEVEL OF SERVICE DEFINITIONS

INTERSECTION TRAFFIC COUNTS

LEVEL OF SERVICE CALCULATION WORKSHEETS

Reference 1 - Los Angeles Avenue/Erringer Road
Reference 2 - Patricia Street/Erringer Road
Reference 3 - Heywood Street/Erringer Road
Reference 4 - Royal Avenue/Erringer Road
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EXHIBIT 3
75((5(3257
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805-754-9393 Summary Letter

November 2, 2022
Itule Real Estate Group, Inc.

SUBJECT: Arborist Report – Heywood Street Simi Valley Phase 2 Dear Chris,
Attached is the tree report with supporting documents. The tree map is 24x36 printed at full scale. The report included all trees and palms growing on the site and any trees growing within 20 feet of the proposed development.

This is phase 2 of the development of this site. Thirty-seven trees and palms were evaluated. Of the thirty-seven, twelve are trees and twenty-fiv e are palms. The trees are in poor condition having had no irrigation water or other maintenance for many years. The total value of all thirty-seven trees is $44,600.

The value of the thirty trees to be removed to implement this plan is $21,140. A tree protection plan is needed for the six trees and one palm to remain. There is one oak tree, and it grows in the trail side buffer. Only two percent of its protected zone will be encroached upon.

If questions arise, please let me know.

Sincerely
EXHIBIT 3
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805-754-9393 Summary Letter

John Burke
Landscape Architect & Registered Consulting Arborist
California Landscape Architect #5251
Registered Consulting Arborist #591 ASCA
Tree Risk Assessment Qualified
Certified Consulting Arborist #WE-8327A ISA
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ARBORIST REPORT TITLE:

Phase 2: Heywood Street and Erringer Road Project
PREPARED FOR:

Itule Real Estate Group, Inc.

PREPARED BY:

John Burke, Registered Consulting Arborist #591 ASCA
PREPARED in consultation with:

Jordan, Gilbert & Bain Landscape Architects, Inc.

Mike Gilbert
459 No. Ventura Ave
Ventura, CA 93001
DATE:

November 2, 2022
LOCATION:

Heywood Street and Erringer Road, Simi Valley, CA
COPYRIGHT:
©John Burke, 2022

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TTABLE OF CONTENTS
Assignment & Introduction ............................................................................................................. 3 Background ................................................................................................................................. 3 Assignment ................................................................................................................................. 3 Deliverables: ............................................................................................................................... 3 Assumptions and Limits on the Assignment ............................................................................... 3 Exclusions .................................................................................................................................... 3 Purpose and Use of the Report .................................................................................................. 4 OBSERVATIONS ............................................................................................................................... 4 ANALYSIS ......................................................................................................................................... 5 Tree Condition (health, structure, form) .................................................................................... 5 Tree Appraisal ............................................................................................................................. 5 Tree Relocation ........................................................................................................................... 5 Tree Removal or protection ........................................................................................................ 5 Mitigation .................................................................................................................................... 6 DISCUSSION ..................................................................................................................................... 6 Tree Condition (health, structure, form) .................................................................................... 6 Tree Appraisal ............................................................................................................................. 7 Tree Relocation ........................................................................................................................... 9 Tree Removal or protection ........................................................................................................ 9 Mitigation .................................................................................................................................... 9 CONCLUSIONS ............................................................................................................................... 10 RECOMMENDATIONS ................................................................................................................... 10 CERTIFICATION .............................................................................................................................. 11 Glossary ......................................................................................................................................... 12 Trunk Formula Technique - How much is a tree worth? .................................................................... 12 Bibliography................................................................................................................................... 13 Appendix A: Tree Map .................................................................................................................. 14 Appendix B: Tree Photos ............................................................................................................... 15 Appendix C Required Information - – Itule Simi Valley ................................................................ 40 Appendix D Trunk Formula Calculations - – Itule Simi Valley ....................................................... 45 Appendix E Tree Protection Plan Phase 2 - – Itule Simi Valley ..................................................... 53

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ASSIGNMENT & INTRODUCTION

BACKGROUND
The Itule Group commissioned me to do this report for their use in developing the site.

The original site was developed in two phases. This is Phase 2.

ASSIGNMENT
Prepare a Tree Report with the information required by the City of Simi Valley. • Analyze Proposed Site Plan and determine the feasibility of preserving existing trees and palms. Determine where root pruning, protection fencing, and canopy pruning will be needed. Provide feedback to client on the feasibility of protecting existing trees. • Calculate the value of protected trees to be removed. • Prepare a Tree Protection Plan based on the Proposed Site Plan that shows where root pruning, protection fencing, and canopy pruning will be required. • Prepare written instructions for root pruning, protection fencing, and canopy pruning.

DELIVERABLES :
• A standard arborist report with additional information specified in the tree protection ordinance for the City of Simi Valley.
• Tree Protection Plan including analysis, graphic plan, and written instructions for any required work.

ASSUMPTIONS AND LIMITS ON THE ASSIGNMENT
• No legal advice is intended in this report.
• Tree assessments and recommendations are based on published industry standards and this arborists’ training and experience.

EXCLUSIONS
• Aerial inspection of the canopy
• Root excavation
• Pruning Specifications
• Construction Monitoring
• Printing
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PURPOSE AND USE OF THE REPORT
This report is intended for use by the client to obtain a tree permit needed to develop the site.

OBSERVATIONS
Field observations were made November 1, 2, and 3, 2021.

Thirty-seven trees and palms were evaluated. These trees were evaluated in November of 2021 when the entire parcel was inventoried for phases 1 and 2 of this project. This report covers phase 2. There were 103 trees on this site. All were assigned an identification number starting with 1 through 103. Not all 130 trees were included in the Phase 1 development of this parcel. Phase 1 included roughly the western half of the parcel. Phase 2 includes roughly the southeast quadrant of the parcel.

Phase 2 starts with tree #44 through #65. There is a gap in the sequence from #66 through #93. Trees 94 through #103 are in Phase 2. The tree number sequence is #44 through #65, gap, #94 through #103. Of the thirty-seven, twelve are trees and twenty-five are palms.

The trees were plotted on field maps of the civil survey and later transferred to a tree map and attached as Appendix A Tree Map.

Each tree was photographed, and most were tagged except for street trees, palms, and trees where trunk access was limited by obstacles and brush. Tree photos are attached in Appendix B.

Required data such as size, health and aesthetics were recorded in the field. Also noted were limitations on the trees that impact the ap praisal value. This data is shown in Appendix C Required Information and Appendix D Trunk Formula Calculations. 212

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ANALYSIS

TREE CONDITION (HEALTH, STRUCTURE , FORM)
All thirty-seven trees and palms in the study were entered into the database and analyzed. All were appraised using the trunk formula technique. The trunk formula technique is described in the Glossary at the end of this report.

The trees were abandoned years ago and have had no irrigation water or other maintenance. Growing conditions along the south edge are especially poor because the trail side buffer is extremely steep, so water and mulch quickly runs off leaving a hot, bare, hard packed root zone. All suffer from extreme water stress.

Health ratings include fair (16 trees), poor (17), and very poor (4). Tree structure ratings include good (7 trees), fair (8), poor (18), and very poor (4). Tree form ratings include fair (8 trees), poor (22), and very poor (7). Overall, the Condition rating of the trees included fair (8), poor (25), and very poor (4).

All twenty-five palms are Mexican fan palms. The palms all have many old dead fronds and frond brackets.

TREE APPRAISAL
All trees were appraised using the Trunk Formula Technique as described in the latest edition of the Guide for Plant Appraisal. The analysis of the palms used the per foot price from recent local nursery published prices. The total value of all thirty-seven trees is $44,600.

TREE RELOCATION
Relocation was considered for each tree. Because of the poor health and structure of the trees none are likely to survive as viable landscape trees.

TREE REMOVAL OR PROTECTION
Grading for the proposed site plan will remove thirty of the thirty-seven trees. Only the six trees and one palm in the trail side buffer will remain. 213

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A tree protection plan is needed for the seven trees/palms to remain. The ordinance requires mitigation for the trees and palms removed.

MITIGATION
The value of the thirty trees to be removed to implement this plan is $21,140.

DISCUSSION
This is phase 2 of the development of this site. Thirty-seven trees and palms were evaluated. These trees were evaluated in November of 2021 when the entire parcel was inventoried for phases 1 and 2 of this project. This report covers phase 2 only. There were 103 trees on this site originally. All were assigned an identification number starting with 1 through 103. Not all 130 trees were included in the Phase 1 development of this parcel. Phase 1 included roughly the western half of the parcel. Phase 2 includes roughly the southeast quadrant of the parcel.

The trees were plotted on field maps of the civil survey and later transferred to a tree map and attached as Appendix A Tree Map.

TREE CONDITION (HEALTH, STRUCTURE , FORM)
The trees were abandoned years ago and have had no irrigation water or other maintenance. Health ratings include fair (16 trees), poor (17), and very poor (4). Tree structure ratings include good (7 trees), fair (8), poor (1 8), and very poor (4). Tree form ratings include fair (8 trees), poor (22), and very poor (7). Overall, the Condition rating of the trees included fair (8), poor (25), and very poor (4). See Appendix C and D for specific condition information for each tree.
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Table A Tree Values and Preservation Status

ID# Common Name Remove Protect
44 Fan Palm $ 210
45 Fan Palm $ 210
46 Fan Palm $ 210
47 Fan Palm $ 210
48 Fan Palm $ 210
49 Sugar Gum $ 5,600
50 Fan Palm $ 130
51 Fan Palm $ 60
52 Fan Palm $ 170
53 Fan Palm $ 110
54 Fan Palm $ 170
55 Fan Palm $ 110
56 Fan Palm $ 160
57 Fan Palm $ 190
58 Fan Palm $ 120
59 Fan Palm $ 70
60 Fan Palm $ 70
61 Fan Palm $ 50
62 Sugar Gum $ 1,900
63 Sugar Gum $ 600
64 Fan Palm $ 120
65 C. Flame Tree $ 70
94 Aleppo Pine $ 2,900
95 Aleppo Pine $ 1,700
96 Aleppo Pine $ 7,700
97 Aleppo Pine $ 3,700
98 Pepper $ 6,100
99 Pepper $ 3,700
100 Pepper $ 2,300
101 Live Oak $ 5,280
102 Fan Palm $ 80
103 Fan Palm $ 160
104 Fan Palm $ 50
105 Fan Palm $ 50
106 Fan Palm $ 40
107 Fan Palm $ 40
108 Fan Palm $ 50
$ 21,140 $ 23,460
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TREE RELOCATION
Relocation was considered for each tree. Because of the poor health and structure of the trees none are likely to survive as viable landscape trees.

TREE REMOVAL OR PROTECTION
Grading for the proposed site plan will remove thirty of the thirty-seven trees. Only the six trees and one palm in the trail side buffer will remain.

A tree protection plan is needed for the seven trees/palms to remain. See Appendix E for the protection plan. Tree protection graphics are shown on the Tree Map in Appendix A.

MITIGATION
The value of the thirty trees to be removed to implement this plan is $21,140. 217

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CONCLUSIONS
This is phase 2 of the development of this site. Thirty-seven trees and palms were evaluated. Of the thirty-seven, twelve are trees and twenty-fiv e are palms. The trees are in poor condition having had no irrigation water or other maintenance for many years. The total value of all thirty-seven trees is $44,600.

Grading for the proposed site plan will remove thirty of the thirty-seven trees. Only the six trees and one palm in the trail side buffer will remain. None of the trees to be removed is a candidate for relocation due to poor form and health. The value of the thirty trees to be removed to implement this plan is $21,140. A tree protection plan is needed for the six trees and one palm to remain.

RECOMMENDATIONS

1. Submit this tree report and supporting documents to your planner and wait for them to review this tree report before taking any action. Follow the conditions set out by the City of Simi Valley.

2. Include the tree map symbols on the relevant plans. This probably includes the grading plans and the landscape plans. The dwg files are available upon request.

3. Inform your landscape architect that the total amount of mitigation pending review by the city is $21,140.

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CERTIFICATION
PREMISES: Heywood Street and Erringer Road, Simi Valley, CA I, John Burke, CERTIFY to the best of my knowledge and belief:

1. That the statements of fact contained in this plant appraisal are true and correct.

2. That the appraisal analysis, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and that they are my personal, unbiased professional analysis, opinions, and conclusions.

3. That I have no present of prospective interest in the plants that are the subject of this appraisal, and that I have no personal interest or bias with respect to the parties involved.

4. That my compensation is not contingent upon predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event.

Date: November 2, 2022
Landscape Architect & Registered Consulting Arborist
California Landscape Architect #5251
Registered Consulting Arborist #591 ASCA
Certified Consulting Arborist #WE-8327A ISA
Tree and Plant Appraisal Qualified
Tree Risk Assessment Qualified
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Glossary
Trunk Formula Technique - How much is a tree worth?
Arborists that are Tree and Plant Appraisal Qualified , have special training and have passed a qualification exam. Plant appraisers are subject to the same constraints as other appraisers with allowances made for establishing the value of living plants.

A replacement cost method was selected fo r this assignment. Since we cannot simply buy a mature landscape tree, the replacement cost of such trees can be established using a formula to extrapolate the cost of planting a tree that can be easily purchased. Landscape contractors in this area will plant a normal 60” box tree for $3700. That cost is used to extrapolated to the size of the larger tree being appraised.

Once the Basic Cost of a tree is established, the appraiser looks at the “wear and tear” on the tree and its potential for providing future benefits. The initial Basic Cost of the tree assumes a perfect tree in the perfect location. That initial basic cost is determined by the size of the trunk at standard height (4.5’) as compared to the cross section of the 60” box tree that is replacing it. The cost of planting 1 square inch of the nursery tree is multiplied by the additional square inches of the tree being appraised. Note that palms are appraised based on direct replacement cost because they can be purchased in the trade. The palms are priced by the foot of brown trunk using a per foot price published by the Western Chapter of the International Society of Arboriculture.

The initial Basic Cost is then deprec iated based on the following factors: Condition which looks at the health of the tree, its structural stability, and its form compared to the ideal for that type of tree. Based on experience and the descriptions found in the Guide for Plant Appraisal, each tree is assigned a percentage rating for Condition.

The initial basic cost also assumes a tree in the perfect setting with no limitations on its growth. The appraiser considers functional limitations. For example: does the tree have enough 220

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space, the right growing conditions, is it in conflict with structures and utilities, does it pose a risk to people or property? How long will the tree remain viable? Does it require regular maintenance like pruning? Is it the only tree on site or one of many? Trees may also be limited by things beyond the control of the site and owner like power lines and utilizes or streets and sidewalks that require minimum amounts of clearance. Both the functional and external limitations are rated by the appraiser based on experience and the descriptions found in the Guide for Plant Appraisal.

Bibliography
Council of Tree and Landscape Appraisers (CTLA). June 2019. Guide for Plant Appraisal (10 th Edition, second printing). International Society of Arboriculture, Champaign, IL.

Regional Supplement: Species Classification and Group Assignment to the CTLA Guide for Plant Appraisal, 9th Edition. The Western Chapter of the International Society of Arboriculture, Porterville, CA, 2004.

Kelby Fite, T. Smiley, “Best Management Practices, Managing Trees During Construction.

International Society of Arboriculture, Champaign, IL. (2008)

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Appendix A: Tree Map
Appendix A Tree Map is one oversize 24 x 36 sheet at a scale of 1:20. Oversize sheet attached as a separate document. A reduced version is shown below for orientation.

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APPENDIX B: TREE PHOTOS
NOTE NUMBERS START WITH 44.
44, 45, and 46

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47 and 48

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50 through 58

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50, 51 and 52

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53, 54 and 55

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56, 57, and 58

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59, 60 and 61

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59, 60 and 61

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NOTE: THERE IS A GAP IN THE NUMBER SEQUENCE FOLLOWING #65. Numbers 66 through 93 are not part of this report.
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94 right 95 left

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98 239

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99 240

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102

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103

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104

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105

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106, 107 and 108

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Appendix C Required Information - – Itule Simi Valley

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Appendix C Required Information
The information is in column form with a separate column for each tree and each tree identified by its unique number at the top of each column.

Tree ID 44 45 46 47 48 49
Common Name Fan Palm Fan Palm Fan Palm Fan Palm Fan Palm Sugar Gum Genus Washingtonia Washingtonia Washingtonia Washingtonia Washingtonia Eucalyptus Species robusta robusta robusta robusta robusta cladocalyx Height 35 35 35 35 35 40
Width average spread 10 10 10 10 10 20
Trunk Diameter or Multi = 0.0 0.0 0.0 0.0 0.0 13.0
Health Grade D D D D D B
Aesthetic Grade D D D C D D
Significant Flaws risk fronds risk fronds ri sk fronds risk fronds risk fronds form Treatment prune prune prune prune prune
Value Rounded $ 210 $ 210 $ 210 $ 210 $ 210 $
5,600
Relocation Feasible? no no no no no no
Why is it not feasible? too tall t oo tall too tall too tall too tall form Est. Relocation Cost

Tree ID 50 51 52 53 54 55
Common Name Fan Palm Fan Palm Fan Palm Fan Palm Fan Palm Fan Palm Genus Washingtonia Washingtonia Washingtonia Washingtonia Washingtonia Washingtonia Species robusta robusta robusta robusta robusta robusta Height 35 15 35 30 40 25
Width average spread 10 10 10 10 10 10
Trunk Diameter or Multi = 0.0 0.0 0.0 0.0 0.0 0.0
Health Grade F C C D C C
Aesthetic Grade D D D D D D
Significant Flaws risk fronds risk fronds risk fronds risk fronds risk fronds risk fronds Treatment prune prune prune prune prune prune
Value Rounded $ 130 $ 60 $ 170 $ 110 $ 170 $ 110 Relocation Feasible? no no no no no no
Why is it not feasible? too tall locati on too tall too tall too tall location Est. Relocation Cost

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Tree ID 56 57 58 59 60 61
Common Name Fan Palm Fan Palm Fan Palm Fan Palm Fan Palm Fan Palm Genus Washingtonia Washingtonia Washingtonia Washingtonia Washingtonia Washingtonia Species robusta robusta robusta robusta robusta robusta Height 45 45 25 20 20 30
Width average spread 10 10 10 10 10 10
Trunk Diameter or Multi = 0.0 0.0 0.0 0.0 0.0 0.0
Health Grade D C C D D D
Aesthetic Grade D D D D D D
Significant Flaws risk fronds risk fronds risk fronds risk fronds risk fronds risk fronds Treatment prune prune prune prune prune prune
Value Rounded $ 160 $ 190 $ 120 $ 70 $ 70 $ 50 Relocation Feasible? no no no no no no
Why is it not feasible? too tall too ta ll location location location too tall Est. Relocation Cost

Tree ID 62 63 64 65 Gap 94
Common Name Sugar Gum Sugar Gum Fan Palm C. Flame Tr Aleppo Pine Genus Eucalyptus Eucalyptus Washingtonia Koelreuteria Pinus Species cladocalyx cladocalyx robusta bipinnata halepensis Height 55 30 18 20 35
Width average spread 40 30 10 15 35
Trunk Diameter or Multi = 13.0 12.0 0.0 9.9 20.0
Health Grade C C D C C
Aesthetic Grade B D D C D
Significant Flaws dying? water stres clearance
Treatment monitor prune
Value Rounded $ 1,900 $ 600 $ 120 $ 70 $ 2,900 Relocation Feasible? no no no no no
Why is it not feasible? form form health health slope Est. Relocation Cost

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Tree ID 95 96 97 98 99 100
Common Name Aleppo Pine Aleppo Pine Aleppo Pine Pepper Pepper Pepper Genus Pinus Pinus Pinus Schinus Schinus Schinus
Species halepensis halepensis halepensis molle molle molle Height 35 40 40 30 30 20
Width average spread 20 30 30 30 20 30
Trunk Diameter or Multi = 15.0 20.0 20.0 20.0 20.0 14.7 Health Grade F C F C D C
Aesthetic Grade D C D C D C
Significant Flaws clearance dieback dieb ack water stress water stress co-dom Treatment prune prune dead prune dead water water remove Value Rounded $ 1,700 $ 7,700 $ 3,700 $ 6,100 $ 3,700 $ 2,300 Relocation Feasible? no no no no no no
Why is it not feasible? slope slope slope slope slope slope Est. Relocation Cost

Tree ID 101 102 103 104 105 106
Common Name Live Oak Fan Palm Fan Palm Fan Palm Fan Palm Fan Palm Genus Quercus Washingtonia Washingtonia Washingtonia Washingtonia Washingtonia Species agrifolia robusta robusta robusta robusta robusta Height 20 12 27 5 10 20
Width average spread 30 10 10 10 10 10
Trunk Diameter or Multi = 20.0 0.0 0.0 0.0 0.0 0.0
Health Grade F D C C C D
Aesthetic Grade D D D D D C
Significant Flaws water stres diebac k dieback dieback dieback dieback Treatment water clean clean clean clean clean
Value Rounded $ 5,280 $ 80 $ 160 $ 50 $ 50 $ 40 Relocation Feasible? no no no yes no no
Why is it not feasible? slope slope slope form too tall too tall Est. Relocation Cost $ 8,000

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Tree ID 107 108
Common Name Fan Palm Fan Palm
Genus Washingtonia Washingtonia
Species robusta robusta
Height 30 25
Width average spread 10 10
Trunk Diameter or Multi = 0.0 0.0
Health Grade D D
Aesthetic Grade C C
Significant Flaws dieback dieback
Treatment clean clean
Value Rounded $ 40 $ 50
Relocation Feasible? no no
Why is it not feasible? too tall too tall
Est. Relocation Cost

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Appendix D Trunk Formula Calcul ations - – Itule Simi Valley The information is in column form with a separate column for each tree with each tree identified by its unique number at the top of each column.

All trees were appraised using the Trunk Formula Technique as described in the latest edition of the Guide for Plant Appraisal.

Tree ID 44 45 46 47 48
Common Name Fan Palm Fan Palm Fan Palm Fan Palm Fan Palm Genus Washingtonia Washingtonia Washingtonia Washingtonia Washingtonia Species robusta robusta robusta robusta robusta
Height 35 35 35 35 35
Width average spread 10 10 10 10 10
# Multiple Trunks:

Trunk Diameter or Multi = 0.0 0.0 0.0 0.0 0.0
Area in Square Inches: 20 oak 72 other 0 0 0 0 0
Condition Rating Percent 50% 50% 50% 50% 50%
Condition Description Fair Fair Fair Fair Fair
Health Grade D D D D D
Health: Excellent, Good, Fair, Poor, V. Poor Poor Poor Poor Poor Poor Struct: Excellent, Good, Fair, Poor, V. Poor Good Good Fair Fair Fair Form: Excellent, Good, Fair, Poor, V. Poor Fair Fair Fair Fair Fair Functional Limits 40% 40% 40% 40% 40%
External Limits 40% 40% 40% 40% 40%
Replacement Tree
Trunk Dia. ISA Reg. Suppl.

Cross-sectional area
60" Box Replacement Tree $
Source
Computations
Unit Tree Cost (#8/#7) $ 75 $ 75 $ 75 $ 75 $ 75 Basic Repro. Cost (2x9) $ 2,625 $ 2,625 $ 2,625 $ 2,625 $ 2,625 Depreciated Cost (3x4x5x10) $ 210 $ 210 $ 210 $ 210 $ 210 Value Rounded $ 210 $ 210 $ 210 $ 210 $ 210

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Tree ID 49 50 51 52 53
Common Name Sugar Gum Fan Palm Fan Palm Fan Palm Fan Palm Genus Eucalyptus Washingtonia Washingtonia Washingtonia Washingtonia Species cladocalyx robusta robusta robusta robusta
Height 40 35 15 35 30
Width average spread 20 10 10 10 10
# Multiple Trunks:

Trunk Diameter or Multi = 13.0 0.0 0.0 0.0 0.0
Area in Square Inches: 20 oak 72 other 133 0 0 0 0
Condition Rating Percent 55% 30% 35% 40% 30%
Condition Description Fair Poor Poor Poor Poor
Health Grade B F C C D
Health: Excellent, Good, Fair, Poor, V. Poor Fair v p Fair Fair Poor Struct: Excellent, Good, Fair, Poor, V. Poor Poor Poor Poor Fair Poor Form: Excellent, Good, Fair, Poor, V. Poor Fair Poor Poor Poor Poor Functional Limits 70% 40% 40% 40% 40%
External Limits 70% 40% 40% 40% 40%
Replacement Tree
Trunk Dia. ISA Reg. Suppl. 5.5
Cross-sectional area 23.75
60" Box Replacement Tree $ $ 3,700
Source Plowboy
Computations
Unit Tree Cost (#8/#7) $ 156 $ 75 $ 75 $ 75 $ 75 Basic Repro. Cost (2x9) $ 20,668 $2 ,625 $ 1,125 $ 2,625 $ 2,250 Depreciated Cost (3x4x5x10) $ 5,570 $ 126 $ 63 $ 168 $ 108 Value Rounded $ 5,600 $ 130 $ 60 $ 170 $ 110

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Tree ID 54 55 56 57 58
Common Name Fan Palm Fan Palm Fan Palm Fan Palm Fan Palm Genus Washingtonia Washingtonia Washingtonia Washingtonia Washingtonia Species robusta robusta robusta robusta robusta
Height 40 25 45 45 25
Width average spread 10 10 10 10 10
# Multiple Trunks:

Trunk Diameter or Multi = 0.0 0.0 0.0 0.0 0.0
Area in Square Inches: 20 oak 72 other 0 0 0 0 0
Condition Rating Percent 35% 35% 30% 35% 40%
Condition Description Poor Poor Poor Poor Poor
Health Grade C C D C C
Health: Excellent, Good, Fair, Poor, V. Poor Fair Fair Poor Fair Fair Struct: Excellent, Good, Fair, Poor, V. Poor Poor Poor Poor Poor Poor Form: Excellent, Good, Fair, Poor, V. Poor Poor Poor Poor Poor Poor Functional Limits 40% 40% 40% 40% 40%
External Limits 40% 40% 40% 40% 40%
Replacement Tree
Trunk Dia. ISA Reg. Suppl.

Cross-sectional area
60" Box Replacement Tree $
Source
Computations
Unit Tree Cost (#8/#7)
$
75 $
75 $
75 $
75 $
75 Basic Repro. Cost (2x9)
$
3,000
$
1,875
$
3,375
$
3,375
$
1,875
Depreciated Cost (3x4x5x10)
$
168
$
105
$
162
$
189
$
120
Value Rounded $ 170 $ 110 $ 160 $ 190 $ 120

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Tree ID 59 60 61 62 63
Common Name Fan Palm Fan Palm Fan Palm Sugar Gum Sugar Gum Genus Washingtonia Washingtonia Washingtonia Eucalyptus Eucalyptus Species robusta robusta robusta cladocalyx cladocalyx
Height 20 20 30 55 30
Width average spread 10 10 10 40 30
# Multiple Trunks:

Trunk Diameter or Multi = 0.0 0.0 0.0 13.0 12.0
Area in Square Inches: 20 oak 72 other 0 0 0 133 113
Condition Rating Percent 30% 30% 15% 50% 30%
Condition Description Poor Poor V Poor Fair Poor
Health Grade D D D C C
Health: Excellent, Good, Fair, Poor, V. Poor Poor Poor Poor Fair Fair Struct: Excellent, Good, Fair, Poor, V. Poor Poor Poor Poor Fair Poor Form: Excellent, Good, Fair, Poor, V. Poor V Poor V Poor V Poor Poor V Poor Functional Limits 40% 40% 40% 60% 40%
External Limits 40% 40% 40% 30% 30%
Replacement Tree
Trunk Dia. ISA Reg. Suppl. 5.5 5.5
Cross-sectional area 23.75 23.75
60" Box Replacement Tree $
$
3,700
$
3,700
Source Plowboy Plowboy
Computations
Unit Tree Cost (#8/#7)
$
75 $
75 $
75 $
156
$
156
Basic Repro. Cost (2x9)
$
1,500
$
1,500
$
2,250
$
20,668
$
17,610
Depreciated Cost (3x4x5x10)
$
72 $
72 $
54 $
1,860
$
634
Value Rounded $ 70 $ 70 $ 50 $ 1,900 $ 600

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Tree ID 64 65 Gap 94 95
Common Name Fan Palm
C. Flame
Tree Aleppo Pine Aleppo Pine
Genus Washingtonia Koelreuteria Pinus Pinus
Species robusta bipinnata halepensis halepensis
Height 18 20 35 35
Width average spread 10 15 35 20
# Multiple Trunks:

Trunk Diameter or Multi = 0.0 9.9 20.0 15.0
Area in Square Inches: 20 oak 72 other 0 78 314 177
Condition Rating Percent 30% 15% 20% 20%
Condition Description Poor V Poor V Poor V Poor
Health Grade D C C F
Health: Excellent, Good, Fair, Poor, V. Poor Poor Fair Poor V Poor Struct: Excellent, Good, Fair, Poor, V. Poor Poor V Poor V Poor Poor Form: Excellent, Good, Fair, Poor, V. Poor Fair V Poor V Poor V Poor Functional Limits 60% 60% 50% 50%
External Limits 50% 50% 60% 60%
Replacement Tree
Trunk Dia. ISA Reg. Suppl. 5.5 5.5
Cross-sectional area 23.75 23.75
60" Box Replacement Tree $
$
3,700
$
3,700
Source Plowboy Plowboy
Computations
Unit Tree Cost (#8/#7)
$
75 $
75 $
156
$
156
Basic Repro. Cost (2x9)
$
1,350
$
1,500
$
48,918
$
27,516
Depreciated Cost (3x4x5x10)
$
122
$
68 $
2,935
$
1,651
Value Rounded $ 120 $ 70 $ 2,900 $ 1,700

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Tree ID 96 97 98 99 100
Common Name Aleppo Pine Aleppo Pine Pepper Pepper Pepper Genus Pinus Pinus Schinus Schinus Schinus
Species halepensis halepensis molle molle molle
Height 40 40 30 30 20
Width average spread 30 30 30 20 30
# Multiple Trunks: M4
Trunk Diameter or Multi = 20.0 20.0 20.0 20.0 14.7
Area in Square Inches: 20 oak 72 other 314 314 314 314 170 Condition Rating Percent 45% 30% 50% 30% 35%
Condition Description Poor Poor Fair Poor Poor
Health Grade C F C D C
Health: Excellent, Good, Fair, Poor, V. Poor FAIR V Poor Fair Poor Fair Struct: Excellent, Good, Fair, Poor, V. Poor Poor Poor Poor V Poor V Poor Form: Excellent, Good, Fair, Poor, V. Poor Poor Poor Fair Poor Poor Functional Limits 50% 50% 50% 50% 50%
External Limits 70% 50% 50% 50% 50%
Replacement Tree
Trunk Dia. ISA Reg. Suppl. 5.5 5.5 5.5 5.5 5.5
Cross-sectional area 23.75 23.75 23.75 23.75 23.75
60" Box Replacement Tree $
$
3,700
$
3,700
$
3,700
$
3,700
$
3,700
Source Plowboy Plowboy Plowboy Plowboy Plowboy Computations
Unit Tree Cost (#8/#7)
$
156
$
156
$
156
$
156
$
156
Basic Repro. Cost (2x9)
$
48,918
$
48,918
$
48,918
$
48,918
$
26,416
Depreciated Cost (3x4x5x10)
$
7,705
$
3,669
$
6,115
$
3,669
$
2,311
Value Rounded $ 7,700 $ 3,700 $ 6,100 $ 3,700 $ 2,300

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Tree ID 101 102 103 104 105
Common Name Live Oak Fan Palm Fan Palm Fan Palm Fan Palm Genus Quercus Washingtonia Washingtonia Washingtonia Washingtonia Species agrifolia robusta robusta robusta robusta
Height 20 12 27 5 10
Width average spread 30 10 10 10 10
# Multiple Trunks: dbl
Trunk Diameter or Multi = 20.0 0.0 0.0 0.0 0.0
Area in Square Inches: 20 oak 72 other 314 0 0 0 0
Condition Rating Percent 30% 35% 40% 40% 40%
Condition Description Poor Poor Poor Poor Poor
Health Grade F D C C C
Health: Excellent, Good, Fair, Poor, V. Poor V Poor Poor Fair Fair Fair Struct: Excellent, Good, Fair, Poor, V. Poor Poor Poor Poor Poor Poor Form: Excellent, Good, Fair, Poor, V. Poor Poor Poor Poor Poor Poor Functional Limits 60% 50% 40% 50% 50%
External Limits 60% 50% 50% 70% 30%
Replacement Tree
Trunk Dia. ISA Reg. Suppl. 5.5
Cross-sectional area 23.75
60" Box Replacement Tree $
$
3,700
Source Plowboy
Computations
Unit Tree Cost (#8/#7)
$
156
$
75 $
75 $
75 $
75 Basic Repro. Cost (2x9)
$
48,918
$
900
$
2,025
$
375
$
750
Depreciated Cost (3x4x5x10)
$
5,283
$
79 $
162
$
53 $
45 Value Rounded $ 5,280 $ 80 $ 160 $ 50 $ 50

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Tree ID 106 107 108
Common Name Fan Palm Fan Palm Fan Palm
Genus Washingtonia Washingtonia Washingtonia
Species robusta robusta robusta
Height 20 30 25
Width average spread 10 10 10
# Multiple Trunks:

Trunk Diameter or Multi = 0.0 0.0 0.0
Area in Square Inches: 20 oak 72 other 0 0 0
Condition Rating Percent 45% 45% 45%
Condition Description Poor Poor Poor
Health Grade D D D
Health: Excellent, Good, Fair, Poor, V. Poor Poor Poor Poor Struct: Excellent, Good, Fair, Poor, V. Poor Fair Fair Fair Form: Excellent, Good, Fair, Poor, V. Poor Poor Poor Poor Functional Limits 30% 20% 30%
External Limits 20% 20% 20%
Replacement Tree
Trunk Dia. ISA Reg. Suppl.

Cross-sectional area
60" Box Replacement Tree $
Source
Computations
Unit Tree Cost (#8/#7)
$
75 $
75 $
75 Basic Repro. Cost (2x9)
$
1,500
$
2,250
$
1,875
Depreciated Cost (3x4x5x10)
$
41 $
41 $
51 Value Rounded $ 40 $ 40 $ 50

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APPENDIX E TREE PROTECTION PLAN PHASE 2 - – ITULE SIMI VALLEY The following seven trees require protection. See Appendix A Tree Map for graphics.

ID# Common
Name
Root
Prune
Fence &
Signs
Canopy
Prune
Notes
94 Aleppo Pine 1 1
95 Aleppo Pine 1 1 1 Raise by removing lowest 3" branch on north side 97 Aleppo Pine 1 1
98 Pepper 1
99 Pepper 1
101 Live Oak 1 1
102 Fan Palm 1

PRECONSTRUCTION TASKS
Select a project arborist to be the liaison between the city planner and job site superintendent.

The project arborist can be selected from this office or any qualified arborist acceptable to the city.

The project arborist shall inspect the site to confirm that all pre-construction tasks have been accomplished including installation of protection fencing, root pruning, canopy clearance pruning and signs. Fencing must be at least 6 feet high, and poles must be fixed in place. Once root pruning and clearance pruning have been done, the project arborist

can approve repositioning the fence at the limits of excavation. The project arborist shall provide a field observation report to the city planner indicating that all protection measures are in place.

The project arborist shall work with the job site superintendent to develop a schedule showing when the arborist will be onsite to monitor work being done within the tree protected zone.

Work that required arborist monitoring includes:
• Canopy pruning
• Root pruning
• Any work done within the fenced tree protected zone
• As required by the city planner or conditions of approval 261
286.37'

BASKETBALL COURT

VOLLEYBALL COURT

9. N89°59'30"W
7'-29
16"
33'-4"
7'-0"
VARIES
010203040607080911
8'-0"
53 52 55 54 59 58 61 60 63 62 68 67 70 69 72 71 75 74 76 10'-0"
10'-0" 10'-0" 10'-0" 5 @ 9'-0" = 36'-0" 19'-0" 10'-0" 9'-0" 10'-0" 15'-0" 05 1'-4"
28'-0"
26'-0"
26'-0"
29'-0"
26'-0"
26'-0"16'-0"
18'-0"
26'-0"
26'-0"16'-0"7'-111
8"
26'-0"16'-0"8'-55
8"
10 5'-0"
12 65 64
8'-0" 7 @ 9'-0" = 63'-0" 10'-0" 8'-0" 8'-0"

TRASH ENCLOSURE

CARPORT

CARPORT CARPORT CARPORT
GARAGE
GARAGE
GARAGE
GARAGE
GARAGE
GARAGE
18'-0"
9'-0" 10'-0" 9'-0" 9'-0" 10'-0"
8'-0"
12'-0" 12'-8" 12'-0"
23'-0"
12'-0"12'-8"12'-0"
18'-0"
10'-0" 9'-0" 5'-0" 12'-0"
9'-0"
10'-0"9'-0"9'-0"10'-0"
ELECT. ROOM
ELECT.

METER
1516 171819
21 28 29 27
10'-0"
30 31
32 33
34 35
36 37 38 39 40 41 42 77
10'-0"

CARPORT
10'-0"9'-0"9'-0"10'-0"
23 2425 26

CARPORT
18'-0"
46 47 48 49
ELEV.

ELEV.

LOBBY
MACH.

RM.

OFFICE
13 14
2022
50 51
5'-0" 12'-0"
44 4543
12'-0" 5'-0" 9'-0" 11'-4"
12'-0" 9'-0"
4'-0"
5'-0" 10'-0" 9'-0" 10'-0" 5'-0"
57 56 66 73
6 @ 9'-0" = 54'-0"10'-0" 4 @ 9'-0" = 36'-0" 15'-8"
6'-2"
5'-6"
4 @ 9'-0" = 36'-0"10'-0"13'-0"

ENTRY LOBBY
544 SQ. FT.
12'-0" 9'-0" 5'-0" 12'-0" 10'-0" 9'-0" 10'-0"

DOG PARK
WOMEN

FITNESS CENTER
1403 SQ. FT.
30" X 48"
STAIR #1

MEDIA AREA
WOMEN
30" X 48"
MAIL
ROOM

EXIT PASSAGE

COMMUNITY ROOM
1575 SQ. FT.
7'-6"
20'-0"
10'-4"
192'-43
4"
286'-47
8"
285'-11"

C O U R T Y A R D
STAIR #2
ELECT.

TRANS.
elec.
me.

UNIT 1B
elec.
me.

UNIT 1B
104 105 106
REF
elec.
me.

UNIT 1B
elec.

UNIT 1A
103
DW
elec.

UNIT 2
101
102
G1
G2
G3
G4
G5
G6
10'-0"
5'-10"15'-0"5'-10"5'-10"26'-0"5'-10"
19'-4"
11'-0" 7'-4"

NEW ACCESS DRIVEWAYS SHALL BE

CONSTRUCTED IN CONFORMANCE WITH CITY
STANDARD SV 11-20, "COMMERCIAL
DRIVEWAY APPROACH", WITH A 15-FOOT
CURB RADIUS.

NEW ACCESS DRIVEWAYS SHALL BE

CONSTRUCTED IN CONFORMANCE WITH CITY
STANDARD SV 11-20, "COMMERCIAL
DRIVEWAY APPROACH", WITH A 15-FOOT
CURB RADIUS.
828.45' FG 827.75 FG 830.67' FG
828.62' TC
828.12' FS
829.43' TC
828.93' FL
829.48' TC
828.98' FL
830.31' TC
829.81' FL
830.17' TC
829.67' FL
830.52' TC
830.02' FL
830.71' TC
830.21' FL
830.53' TC
830.03' FL
830.53' TC
830.03' FL
830.47' FL
830.97' TC830.56' FS
830.35' FS829.50' TC
830.00' FS 830.00' FS 830.27' FS 830.27' FS 830.63' FS 830.63' FS 830.69' FS 830.69' FS 830.75' FS830.75' FS 830.75' F.F.
830.00' F.F.
829.35' TC
828.85' FS
829.00' FS
828.85' FS
829.35' TC
828.85' FS
829.35' TC
828.85' FS
828.85' FS
829.30' TC
828.80' FS
829.71' TC
829.21' FS
827.00' FL
827.50' TC
828.52' FL
829.02' TC
829.27' FL
829.77' TC
821.10' FG
822.56' FG
825.55' FG
829.99' FG
830.00' F.F.
829.47' FL
829.97' TC
829.90' FL
830.40' TC
830.38' FL
830.88' TC
829.50' FS
829.60' FS 830.12' FS 830.58' FS
830.75' F.F.829.60' FS 829.60' FS
830.25' FS 830.25' FS 830.75' FS 830.75' FS
830.50' FS 830.50' FS 830.75' FS 830.75' FS
830.75' F.F.
830.75' F.F.
830.75' F.F.
830.00' FG
830.00' FG
830.00' FG
829.63' 830.33'
830.48' 830.60' 830.75' FS
830.40'
830.50'
830.60'
830.65'
830.75'
830.75'
830.65'
830.10'
830.75'830.00' 830.65' FS 830.75' FS830.75'
829.65' FS 829.72' FS 829.94' FS 830.14' FS
828.85' FS
828.85' FS
830.39' FS
830.50' FL
831.00' TC
828.34' TC
828.84' FL
FH
830.65' 830.73'
830.69'
830.65' 830.73'

SPAFIREPLACE BBQ

COUNTER
SHOWER
829.75' F.F.
828.75' F.F.
830.75' F.F.
829.17' FL
829.90' FS
829.84' FL
830.21' FS
830.34' FS
830.23' TC
829.73' FL
830.50' FS
20'-0"
20'-0"
830.08' TC
829.61' FL
829.75'

2.6% SLOPE

5.0% SLOPE
4%

4.2% SLOPE2.9% SLOPE
830.75' F.F.

8.0% SLOPE
829.28' TC
828.78' FL
829.98' TC
829.48' FL
830.35' TC
829.85' FL
830.42' FS
830.39' FS830.33' FS
830.65'
829.68' FS
829.38' TC 829.38' TC
828.88' FS
829.30' TC
828.80' FS
829.23' FS
830.55'
830.39' FS829.50' FS
829.95' FS
830.05' FS
830.39' TC
829.89' FL
830.39' TC
829.89' FL
827.42' FL
827.92' TC
1633 ERRINGER ROAD
SIMI VALLEY, CA 93065
40 41
DEAD
42 43
44-46
47-48
49 50-52
53-55
56-58
59-61626365 64
7069
71 72
89 90 91 92 93
94 95 96
97 98 99 100 101102 103 104 105 106 107 108
66 TREE MAP

THIS TREE MAP IS BASED ON THE
ARCHITECTS SITE PLAN DATED 6/21/2022

ENGINEERS SURVEY AND THE ARBORIST'S
FIELD OBSERVATIONS.

JOHN BURKE

LANDSCAPE ARCHITECT & CONSULTING ARBORIST
[email protected]
805-754-9393
LOCATION:

HEYWOOD STREET AND ERRINGER ROAD

SIMI VALLEY, CA
49 PROTECTED TREE SYMBOL + ID NUMBER
44 LEGEND
PALMS
CANOPY

CRITICAL ROOT
ZONE
TRUNK

DIAMETER
NOVEMBER 1, 2022
20 FOOT BUFFER

LIMITS OF CONSTRUCTION

ARROYO SIMI GREENWAY

FOUR ALEPPO PINES
94-97

THREE PEPPER TREES
98-100 OAK TREE

TWO SUGAR GUM
62, 63

SUGAR GUM

KOELREUTERIA

ROOT PRUNE

PROTECTION

FENCE & SIGNS

ROOT PRUNE ROOT PRUNE ROOT PRUNE ROOT PRUNE
TREE LIST (NUMBERS START AT 44)
262
EXHIBIT 4
1(,*+%25+22'&281&,/
0((7,1*0,187(6
263

THIS PAGE WAS INTENTIONALLY LEFT BLANK
264
NC 8/01-24(dsf)

Neighborhood Council
Development Review
Meeting Summary

Neighborhood Council No: 3
Meeting Date: January 11, 2024
Project No(s): PD-S-2022-0015, Z-S-2022-0005, SP-S-2023-0002, AHA- 2023-0001
Project Description: Review of a request for a Planned Development Permit Zone Change and Specific Plan Amendment to change
the zoning for a portion of the site from Commercial Office to Residential Very High, amend the Arroyo Simi
Greenway Specific Plan in order to construct a new 66-
unit, 4-story, multi-family residential building, and an Affordable Housing Agreement, located at 1575 Erringer
Road
Case Planner: Elizabeth Richardson
______________________________________________________________________ Audience members asked questions and made comments relating to:

The project’s use of solar, including batteries.

The applicant responded to the above questions and comments as follows:

The project will not incorporate solar batteries, but there will be solar to power common areas.

Executive Board members asked questions and made comments relating to:

Affect to traffic; location of the project’s entrances and exits; concerns with the accuracy of the traffic study; demographic that the project is intended to serve; inquiry on the affordable component; desire to see more one bedroom apartments developed; project mitigation of water use given the ongoing drought; inquiry on the separate development of this and the prior project (Churchill); inclusion of utilities in the rent; parking for guests and impacts from the adjacent project; project viability if City land is not transferred to the developer; Arroyo Simi Greenway and bike path access; statement that the development will assist in addressing transient activity in the area; and concerns with the height of the building being compatible with the surrounding community.

The applicant responded to the abov e questions and comments as follows:

According to the traffic study, the project will not affect traffic. There is no exit onto Heywood Street. Although the building is proposed at four stories, there is a three-story medical office across Heywood Street on a higher grade which is comparable in height.

The entrances and exits were shown on the plans. The traffic study was completed in the last few years for the same residential use. The applicant was unsure about the demographics of Simi Valley; the applicant has a waitlist for one bedrooms in other buildings demonstrating a demand. The unit s will include high efficiency appliances to EXHIBIT 4
265

NEIGHBORHOOD COUNCILS DEVELOPMENT REVIEW MEETING SUMMARY 2 NC 8/01-24(dsf)
minimize utility costs. Utility costs included with the unit w ill be specified in the lease; however, that is typically limited to trash, sewer, and water. The property is being developed independently to create sma ller communities. There will be 72 parking places for the project including guest parking, which is more than is required. Simi Valley Unified School District has expressed no concerns. There is no access to Arroyo Simi Greenway from the project. There is no access or issues related to the bike path and the crosswalks. The bike paths will not be affected or changed.

Upon conclusion of the discussion, the following motion was made by Peter Carrube and seconded by Bridget Charboneau:

MOTION: Recommend that the Planning Commission deny the request for a Planned Development Permit, Zo ne Change, and Specific Plan Amendment to change the zoning for a portion of the site from Commercial Office to Residential Very High, amend the Arroyo Simi Greenway Specific Plan in order to construct a new, 66-unit, 4-story, multi-family residential building and an Affordable Housing Agreement, located at 1575 Erringer Road presented with the following concerns: traffic and height of building.

Executive Board vote: 7 Ayes; 2 Noes; 0 Abstentions Audience vote: 1 Ayes; 1 Noes; 0 Abstentions Unincorporated Area vote: None
The motion carried.
266
TO:

FROM:

SUBJECT:

CITY OF SIMI VALLEY

MEMORANDUM
Planning Com~ sion

SUPPLEMENTAL
AGENDA ITEM NO.
11 .A.1.

May 8, 2024
Sean Gibs~ uty Environmental Services Director/City Planner

SUPPLEMENT TO PLANNING COMMISSION AGENDA ITEM TO

CONSIDER A ZONE CHANGE, SPECIFIC PLAN AMENDMENT, AND

PLANNED DEVELOPMENT PERMIT, TO MODIFY THE ARROYO SIMI

GREENWAY SPECIFIC PLAN, CHANGE THE ZONING FROM
COMMERCIAL OFFICE-SPECIFIC PLAN [CO (SP)] TO RESIDENTIAL VERY HIGH (RVH), IN ORDER TO CONSTRUCT A NEW 66 UNIT, 4- STORY MUL Tl-FAMILY RESIDENTIAL BUILDING WITH AN

AFFORDABLE HOUSING AGREEMENT
Subsequent to the distribution of the staff report, the Planning Division received the following correspondence:

1. Email correspondence letter from Teresa Jordan, dated May 3, 2024 (Exhibit 1) opposing the project.

2. Email correspondence letter from Steve Murphy, dated May 8, 2024 (Exhibit 2) opposing the project.

3. Email correspondence letter from Tiffany Wright, dated May 8, 2024 (Exhibit 3) opposing the project.

Regarding the correspondence from Teresa Jordan, it includes an attached letter to Neighborhood Council (NC) Executive Board #3, dated January 8, 2024. On Page 3 of the correspondence, eight questions were asked. The following are staff's responses:
(1) The project is subject to Public Works grading standards; (2) No information was provided. The applicant is required to conduct their due diligence; (3, 4) A View Study was not performed; (5) Parking is not proposed on Erringer Road. There is currently no parking on the street; (6) The Specific Plan Amendment was not reviewed nor required to be reviewed by the Simi Valley Unified School District; (7) Ventura County Watershed Protection District did not address concerns on the Specific Plan Amendment; and (8) The Arroyo Simi banks are not required to be modified with this project.

Attachments:

Exhibit 1: Email correspondence from Teresa Jordan, dated May 3, 2024 Exhibit 2: Email correspondence from Steve Murphy, dated May 8, 2024 Exhibit 3: Email correspondence from Tiffany Wright, dated May 8, 2024 S-1
ZS2022005 SPS20230002 PDS20220015 PC Staff Report Supplemental (mg) 267
1 From: Teresa Jordan
Sent: Friday, May 03, 2024 11:40 AM
To: planningcomments
Subject: Agenda Item No. 11.A.1.

Attachments: 05_03_2024_MPC.docx; 01_08_2024_MNC#3.docx CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. If you suspect a phishing attempt please report it as phishing. Learn how.

Dear Members of the Planning Commission:

Attached is my May 3, 2024 letter for Agenda Item
No. 11.A.1(PD-S-2022-0015, SP-S-2023-0002,
and Z-S-2022-0005 to modify the Arroyo Simi

Greenway Specific Plan, change the zoning, and
construction of a 4-story residential building at
1575 Erringer Road).

Attached is my January 8, 2024 letter to the
Neighborhood Council #3 Executive Board.

Thank you.

Sincerely,
Teresa Jordan
Simi Valley, CA 93063
EXHIBIT 1
268
Simi
Valley, CA 93063
May 3, 2024
Simi Valley Planning Commission
Simi Valley City Hall
2929 Tapo Canyon Road
Simi Valley, CA 93063
Re: Agenda Item No. 11.A.1(PD-S-2022-0015, SP-S-2023-0002, and Z-S-2022-0005: To consider a Zone Change, Specific
Plan Amendment, and Planned Development Permit, to
modify the Arroyo Simi Greenway Specific Plan, change
the zoning from Commercial Offic-Specific Plan[CO(SP)]
to Residential Very High(RVH), in order to construct a
new 66 unit, 4-story multi-family residential building
with an Affordable Housing Agreement; located at
1575 Erringer Road).

Dear Members of the Commission:

When these proposals went before Neighborhood Council
No. 3 on January 11, 2024, I submitted a letter opposing the proposed project, zoning change, and amending the
Arroyo Simi Greenway Specific Plan. Please note that the Neighborhood Council No. 3’s January 11, 2024 Executive Board approved Minutes state on Page 1, under Agenda Item No. 4 Correspondence, that “Community Services Coordinator Kelly Duffy received correspondence from Teresa Jordan.

The correspondence was emailed to each Executive Member prior to the meeting and was also provided in the agendas for the members of the public.” I have attached a copy of my January 11, 2024 letter to Neighborhood Council No. 3.

My opposition to this item is still based on my comments to the NC #3 Executive Board. Thank you.

Sincerely,
Teresa Jordan
269
Simi
Valley, CA 93063
January 8, 2024
Neighborhood Council #3
Executive Board
2929 Tapo Canyon Road
Simi Valley, CA 93063
Re: Meeting Agenda Item No. 7b(Review of a request for a Planned Development Permit, Zone Change, and Specific
Plan Amendment to change the zoning of a portion of
the site from Commercial Office to Residential Very
High, amend the Arroyo Simi Greenway Specific Plan in
order to construct a new, 66 unit, 4-story, multi-
family residential building and an Affordable Housing
Agreement, located at 1575 Erringer Road).

Dear Members of Neighborhood Council #3 Executive Board:

I am opposed to the proposed Ridge Apartments request
for the following reasons:
#1 - Project Nos.: PD-S-2022-0015, Z-S-2022-0005,
SP-S-2023-0002, and AHA-2023-0001 will increase
traffic on Erringer Road! Back in 1995, when a
13-year old bicyclist was hit at an Erringer Road
crosswalk near the proposed project location, the
Los Angeles Times June 5, 1995 “One Mother’s
Mission: Son’s Death Prompts Fight for Traffic
Signal” article reported “No stop sign or signal
alerts four lanes of rushing traffic to a boy on
his bike”! Decades later, even with the signal,
when the light is green or yellow the traffic
rushes through Erringer Road.
#2 - The Arroyo Simi Greenway Specific Plan will be
amended to remove the City owned property thus
there will be no improvements constructed such as
a rest area with benches, trash cans, and low
rock walls. During the 1969 heavy rains, the
Arroyo Simi near the proposed project’s location
overflowed its banks! During the 1992 heavy
rains the Arroyo Simi once again filled up. I
270
2 don’t know what the 1995 heavy rains impacts
were, but there’s a history of damage already.

Just last year, Hurricane/Tropical Storm Hilary
caused severe flooding aroung the City.
#3 - The Park District concluded that the Arroyo Simi
Greenway Specific Plan improvements for the
adjacent City-owned 0.19 acre property within the
Arroyo Simi Greenway Specific Plan “are not
necessary for the overall function and design of
the trail system”(Neighborhood Council Project
Overview for PD-S-2022-0015, Page 2, third
paragraph). For City staff the land transfer is
possible and will be an action of the City Council.

Residenta and government gencies vision is to
“turn the Arroyo Simi into a focal point and
recreational amenity to be enjoyed by Simi
Valley’s residents for generations to come”
(City of Simi Valley’s website, Arroyo Simi
Greenway Specific Plan web page; What is the
Arroyo Simi Greenway Specific Plan?). The funds
to make this multi-phase project a reality have
come through a combination of a California
Natural Resources Agency’s California River
Parkways Program’s Prop. 84 grant, a Santa
Monica Mountains Conservancy’s Proposition 68
grant, and City and Park District contributions,
as well as in-kind contributions. Granting the
amendment request which would “improve the land
with amenities for the residents including a
dog park and bocce ball court”(Page 3, second
paragraph) is not in keeping with the sound
planning as envisioned throughout the Arroyo
Simi Greenway Specific Plan process, and funding.

The funds for the Arroyo Simi Greenway Specific
Plan’s Erringer Road location phases have already
been earmarked and they must not be allocated for
any other Greenway location(phase)!
#4 - Out of the 66 units, only 4 very low-income units
and 1 low-income unit are proposed for this 4-
story affordable housing project. The number of
affordable units is extremely low! It should be
higher considering there are 66, and in light of
the fact that there are very few Very Low-Income
units throughout the City.
271
3 QUESTIONS:

1. Will the site be compacted to FEMA’s compaction
rate?

2. Wasn’t there an oil spill on the site?

3. Will the El Rancho Simi Pioneer Cemetery, located
on the south side of the Arroyo Simi, be visible
from the 4th story units?

4. Will the El Rancho Simi Pioneer Cemetery, located
on the south side of the Arroyo Simi, be visible
from the 3rd story units?

5. Will the future renters be allowed to park along
Erringer Road?

6. Has the Simi Valley Unified School District voiced
any concerns, or agreement with the Arroyo Simi
Greenway Specific Plan amendment request--the
agency is a partner in this community project?

7. Has the Ventura County Watershed Protection
District voiced any concerns, or agreement with
the Arroyo Simi Greenway Specific Plan amendment
request--the agency is a partner in this community
project?

8. Are the Arroyo Simi banks rip rapped along the
section near the proposed apartments’ project?
Sincerely,

Mrs. Teresa Jordan
272
1 From: Steve Murphy
Sent: Tuesday, May 07, 2024 1:21 PM
To: planningcomments
Subject: Re: Zoning Change for property on Erringer near Royal CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. If you suspect a phishing attempt please report it as phishing. Learn how.

The planning commission should reject this change in zoning. Most residents of Simi Valley, especially long- time residen
ts like myself, moved to Simi to enjoy a lower density, residential community environment. The City's current general plan was set up to fulfill those goals. The constant zoning changes are fundamentally changing the nature of our community and lowering our standard of living, and must stop. The planning commission and the City Council should put the interests of the current residents over the interests of potential future residents. Nothing has been done to address the lack of water and insufficient capacity of our power grid.

Projects like this only exacerbate these problems to the detriment of the current residents and the community as a whole. You are public servants paid by the tax dollars of the current residents. You should be acting in their best interest, and not the interest of the developers.

Please protect our quiet, peaceful community and reject the zoning change.

Thank you.

Steve H. Murphy
EXHIBIT 2
273
1 From: Tiffany Wright
Sent: Wednesday, May 08, 2024 3:30 PM
To: planningcomments
Subject: Another apartment complex?
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. If you suspect a phishing attempt please report it as phishing. Learn how.

Please stop approving these nonsensical apartment complexes all over the city. Aside from traffic flow issues and ruining the esthetic of our neighborhoods (like that hideous com plex by the Target on Cochran), how many
families are really going to choose apartment-living over single-family housing? Simi should instead consider what other forward-thinking communities are doing and build free-standing homes in communities for people to rent. Furthermore, there's a reason Simi does not offer a good public transit system for commuters or a bustling nightlife. Families have long settled here to escape the noisy, busy city life. So, how many single professionals are really going to take advantage of these new apartments? Many cities who've gone this knee-jerk route of building high-density properties are now saddled with properties that are sitting empty. If state housing quotas must be met, why not start by converting existing empty commercial buildings into apartments and see if the demand is even there? -Tiffany Wright, District 1
EXHIBIT 3
274
RESOLUTION NO. SVPC 04-2024

A RESOLUTION RECOMMENDING THAT THE CITY
COUNCIL APPROVE ZONE CHANGE (Z-S-2022-0005) ,
SPECIFIC PLAN AMENDMENT (SP-S-2023-0002), AND
PLANNED DEVELOPMENT PERMIT (PD-S-2022- 0015); IN
ORDER TO CONSTRUCT A NEW 66 UNIT, FOUR-STORY

MULTI-FAMILY RESIDENTIAL B UILDING LOCATED AT
1575 ERRINGER R OAD; AND A DETERMINATION THAT

THE P ROJECT IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
THE PLANNING COMMISSION RESOLVES AS FOLLOWS:

SECTION 1: The Planning Commission finds and declares that t he applicant, Adrian Stern, requested a Zone Change (Z-S-2022-0005) to change the zoning of a 0.19-acre City-owned property from Commercial Office (CO)(SP) to Residential Very High Density (RVH); Specific Plan Amendment (SP-S-2023- 0002) to remove the 0.19-acre City-owned property from the Arroyo Simi Greenway Specific Plan; and Planned Development Permit (PD-S-2022- 0015) to construct a 66 unit, four-story multi-family residential building with related site improvements on a 1.65 a cre p ortion of a 4. 76 acre site located at 1575 Erringer Road, designat ed a s Ventura County Assessor's Parcel Nos. 632-0-050-355, 632-0-050-395, and 632-0-140-300, and by the legal descriptions attached as Exhibit A.

SECTION 2: Factual Findings and Conclusions. The Planning Commission finds as follows:

A. The application was prepared and reviewed by the Environmental Services Director, or designee (collectively, the "Director") for, in part, consistency with the General Plan;
B. The City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code § 21000, et seq., "CEQA") and the regulations promulgated thereunde r (14 California Code of Regulations § 15000, et seq., the "CEQA Guidelines"), and the City's Environmental Guidelines; C. The Director completed the review and scheduled the public hearing regarding the application before the Planning Commission for May 8, 2024; D. On May 8, 2024, the Planning Commission held a public hearing to receive public testimony and other evidence regarding the proposed p roject, including, without limitation, information provided to the Planning Commission by City staff and public testimony; and
17 ZS20220005 SPS 202300 02 PDS202 20015 PC Staff Report (mg) 275
RES . NO . SV PC 04-2024
E. This Resolution and its findings are made based upo n the evide nce presented to the Comm iss ion at its May 8, 2024 , hearing including , without limitation , the staff report subm itt ed by the Environmental Serv ices Depa rtment.

F. Planned Deve lop ment Permit, Zone Change , and Spec ific Plan F inding (SV MC § 9-52.050 .F.1, 9-73.070.A ; and 9-56 .-06 0): The project is c onsistent with the purpose , intent. goals, policies, programs, and land use designations of the Gene ral Plan and an y app licab le spec ific plan. The Land Use designa tion of the subject property is Very High Density Reside ntial ( 20.1 to 3 5 units per acre). The purpose of this land use is to provide for a higher de nsity residential env ironment.

Ve ry High De nsity areas are intended to result in garden apa rtments or similar structures, us ually of three stories in he ight or more. It is intended that t his des igna tion b e lim ited in its use, to the central portion of the valley floor, on arterial streets and ne ar sho pping , transit, and othe r public facilities. This intent is met in that Erringer Road is a mix of High Density Reside ntial Zone com bined with Commercial zoning and contains transit and shopp ing serv ices. The project is also consistent with the follow ing General Pla n Policies:
(1) Policy LU 2.1: "Pr ovide oppo rtunities for a full range of housing types, locations , and d e nsities to a ddress the comm unity's fair share o f regional ho using needs and to p rovide market support to e conomically sustain com me rcial land uses in Sim i Valley." The p rojec t provide s 59 on e-bed room and seve n (7) two-bed roo m units. The five aff ordable units w ill provide rental oppo rtunities to low and very low -income house holds for a 55-year term to address the regional ho using needs. The overall project density of 40 units per ac re will benefit the nearby com mercial uses along Erringe r Road , w hich is w ithin imm ediate walking distance , and also adjacent to public transit.
(2) Policy HE-1.1: "Pr ovide a wide choice of new ho using featuring a range of styles, types, densities, and am enities to acc omm oda te the needs of all socioeconomic segments of the comm unity." The ove rall density is 40 units per acre w ith the requ ested de nsity bonus increase. The four-story building is located a djacent to app roved high-density reside ntial and e xisting comm ercial uses. Five o f the 6 6 units are proposed to be set aside for affordab le rent f or qualified tenants at t he low and very-low income categories.
(3) Policy LU 15 .2 : "Encourage new multi-fam ily deve lop ment to provide amenities for residents, such as on-site recreational facilities and com mun ity mee ting spaces." The 66-unit project provides an outdoor courtyard w ith h ot t ub, outdoor kitchen and barbeque , an indoor fitness, and comm unity mee ting rooms.

G. Plan ned D eve lopment Permit Finding: The project is in full compliance with this Develop ment Code and the Mun icipal Code (SV MC § 9-52.050.F.2), in that an apa rtment building is a permitted use w ithin the RV H zone subject t o a pp roval of the Zone Cha nge and Planned D evelopment Permit, per SV MC Sec tion § 9-24 . 18 ZS2022 0005 SPS20230002 PDS20220015 PC Staff Repo rt (mg) 276
RES. NO. SVPC 04-2024
The project is consistent with the Development Code's setback, maximum building height, maximum number of stories, minimum off-street parking, and landscaping standards, with its requested concessions and waivers that permit deviation from the City's Municipal Code standards.
(1) The residential component of the project a lso meets the requirements contained in SVMC Section § 9-24.060, in that the proposed project meets the Mandatory Standards and at seven Optional Standards in SVMC Section § 9-24.060(8) and 9-24.060(0 ).
(2) The proposed project qualifies for the parking requirements in Government Code § 65951 .

H. Planned Development Permit Finding: The project is c onsistent with the City- adopted design guidelines (SVMC § 9-52.050.F.3), in that the project is consistent with the following:
(1) Multi-Family Residential Guidelines 4c, which states "Multi-family buildings should incorporate significant and functional vertical and horizontal articulation features on the front building elevation. Secondary elevations should carry through the features found o n the front elevation and should not be left as essentially blank or flat surfaces." The building design utilizes horizontal and vertical articulation with varying roof heights and modulation of the building walls and p rojecting awnings. The use of large w all surrounds, provide depth and shadow to the building. Horizontal awnings are on the w est, east, and south elevations to achieve further articulation.

Therefore, the project is consistent with this finding. (2) Multi-Family Residential Guidelines 4c, states: "Common area facilities, such as pools, recreation buildings, and outdoor play and p icnic areas should h ave d irect access and visibility from the majority of the units for which the facility is providing service." With the proposed courtyard design, visibility to the outdoor spa and common area amenities are provided from the outdoor walkways in front of most of the units, and the indoor fitness and community rooms are a ccessible from the gated indoor walkways, stairways, and elevator to the majority of the units. Therefore, the project is consistent with this finding.

I. Planned Development Permit Finding: That t he proper standards and conditions have been imposed, which protect the public health, safety, and welfare (SVMC § 9-52.050.F.4), in that t he construction of the proposed apartment complex is required to meet all standards of the California Building Code, and has provided for project grading, drainage, water. Therefore, the project is c onsistent with this finding.

J. Zone Change Finding: The Planning Commission has considered the effect of this amendment on the housing needs of the region and has balanced these needs against t he p ublic service needs of its residents and against available fiscal and 19 ZS2022000 5 SPS20230002 PDS20220015 PC Staff Report (mg) 277
RES. NO. SVPC 04-2024
environmental resources, in compliance with the State law (SVMC § 9-73.070.B), in that the zone change facilitates the rezoning of the 0.19 acre City owned property, to Residential Very High Density to accommodate development of an 66- unit apartment building. The new apartment units provide new housing opportunities for residents in the City. The development will not create a significant effect on fiscal resources as the applicant will construct required infrastructure improvements as c onditioned by the City. The applicant is also responsible for payment of fees to offset effects upon schools and p arks. Therefore, the Zone Change complies with the City's housing needs and balances with the public service needs and environmental and fiscal resources
SECTION 3: Environmental Assessment. Because of the facts set forth in Sections 1 and 2, the Director determined the project to be exempt f rom CEQA in accordance with Categorical Exemption 15332 "Infill Exemption. Therefore, the Director determined the project is exempt from further environmental review pursuant to CEQA Guidelines Section 15300, et Seq., and pursuant to CEQA Guidelines Section 15062, a Notice of Exemption was prepared.

SECTION 4: Recommendation to City Council. Subject to the Conditions of Approval attached as "Exhibit B," which are incorporated by reference (the "COA"), the Planning Commission recommends the City Council approve Zone Change (Z-S-2022-0005), Specific Plan Amendment (SP-S-2023-0002), and Planned Development Permit (PD-S- 2022-0015).

SECTION 6: 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 a re fully and completely supported b y s ubstantial evidence in the record as a whole.

SECTION 7: Limitations. The Planning Commission's analysis and e valuation o f 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. I n 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 w ork within the political framework within which it exists and with the limitations inherent in that framework.
20 ZS20220005 SPS 2023000 2 PDS20220015 PC Staff Repo rt (mg) 278
RES. NO. SV PC 04-2024
SECTION 8: This Resolution will remain effective u ntil superseded b y a subsequent resolution.

SECTION 9: The Comm ission sec retary is directed to mail a copy of this Resolution to any person requesting a copy.

PASSED and ADOPTED this 8th day of May 2024.

Attest:
00-~ Megah Grai
Recording Secretary
Ivana a er, Vice Chairperson
Planning Commission
Approved as to Form:

Algeria R. Ford, City Attorney Approved as to Content:

Ephraim S. Margolin
Deputy City Attorney
Sean Gibson
Deputy Environmental Services Director/
City Planner
21 2S20220005 SPS20230002 PDS20220015 PC Staff Report (mg) 279
RES. NO. SV PC 04-2024
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 May 8, 2024 by the following vote:

AYES:

NAYS:

ABSTAIN:

ABSENT:

Commissioners Kennedy, Rice, and Tolso n
Vice Chairperson Mayer
None
Chairperson Mann
ATT EST:
rn. lk;-
MegJn Grai
Recording Secretary
22 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) 280
RES. NO. SVPC 04-2024
EXHIBIT A .

EXCEPT T HEREFROM ONE-TENTH PART OF THE TOTAL (GROSS) OIL, GAS OR

OTHER KINDRED SUBSTANCES OR OTHER MINERALS EXTRACTED FROM SAID

LAND AS RESERVED BY VENTURA LAND AND WATER COMPANY, A
CORPORATION, RECORDED F EBRUARY 7, 1929 IN BOOK 2 39 PAGE 493, OF OFFICIAL RECORDS.

ALSO EXCEPT T HEREFROM AN UNDIVIDED ONE-HALF INTEREST IN AND TO A

NINE-TENTHS PART OF THE TOTAL (GROSS) OIL, GAS O R OTHER KINDRED

SUBSTANCES OR OTHER MINERALS IN, UPON OR UNDERLYING SAID LAND OR

HEREAFTER EXTRACTED THEREFROM AS RESERVED BY PACIFIC STATES SAVINGS AND LOAN COMPANY IN DEED RECORDED JULY 10, 1947 IN BOOK 789 PAGE 376, OF OFFICIAL RECORDS.

PARCEL B: (632-0-140-300)
PART OF LOT 33 OF THE CALIFORNIA MUTUAL BENEFIT COLONY OF CHICAGO'S

SUBDIVISION, IN THE CITY OF SIMI VALLEY, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGE 19 OF MAPS, IN THE

OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 33; THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 33, 75 FEET T O A STAKE; THENCE WESTERLY IN A STRAIGHT LINE TO A STAKE ON WEST LINE OF SAID LOT 33, SITUATE 30 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT 33; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 33, 30 FEET TO THE NORTHWEST CORNER OF SAME; THENCE NORTHEASTERLY ALONG A LINE DIVIDING SAID LOT 33 AND LOT 34 TO THE NORTHEAST CORNER OF SAID LOT 33 AND PLACE OF BEGINNING.

EXCEPTING THEREFROM ALL THAT PORTION OF SAID LAND GRANTED TO SIMI VALLEY RECREATION AND PARK DISTRICT, IN DEED RECORDED MAY 22, 1972 IN BOOK 3959, PAGE 4 OF OFFICIAL RECORDS.

ALSO EXCEPTING THEREFROM DESCRIBED AS EXHIBIT "B" IN RESOLUTION 85- 143 RECORDED OCTOBER 24, 1 985 AS INSTRUMENT NO. 1985-121072, OF OFFICIAL RECORDS.
23 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) 281
CASE NO.:

APP LICANT:

RES. NO. SVPC 04-2024

EXHIBIT B
Z-S-2022-0005/SP-S-2023-0002/PD-S-2022-0015
Adrian Stern
Zone Change No. Z-S-2022-0005
A Zone Change from Commercial Office to Residential Very High Density, for the 0.19- acre portion of the property located at 1575 Erringer Road, as described as follows:
1575 Erringer Road
APN: 632-0-140-300
J
This map last updated
0311512023
24 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) 282
CASE NO.:

APPLICANT:

RES. NO. SVPC 04-2024

EXHIBIT C
Z-S-2022-0005/S P-S-2023-0002/P D-S-2022-0015
Adrian Stern

PROJECT PERMIT CONDITIONS
The conditions marked with an asterisk ( *) are Spec ial Conditions applicable spec ifically to this permit. These conditions of approval will supersede a ny conflicting notations, spec ifications, dimensions, and typical sections that may be shown on a development plan or exhibit. Applicant (Permittee) will assume a ll costs incurred in complying with the conditio ns contained herein. "Permittee" or "Applicant" or "Developer" or "Owner" as used in these conditions m eans all applicants, developers, permittees, and a ll owners of the subject property and a ll successors and assigns thereto. These conditions are deemed to touch and conce rn the real property, which is the subject hereof, and will run with the land. Compliance with these conditions must be maintained for the life o f the permit.

Applicant must comply with all of the conditions.

A. ENV IRONMENTAL SERVICE S CONDITIONS:

Planning Division:

A-1 This permit is granted for all of the buildings, roadways, parking areas, landscaping, lighting, colors and materials, and o ther features which must be as shown on the formal application a nd exhibits s pec ifically labeled as Exhibit Architectural Site Plan 1-2, Civil Site Plans Sheet 1-3, Floo r Plan 1- 4, Roof Plan , Building Elevations 1-6, and Landscape Plan 1-2 dated March 18 , 2024; Color and Materials Board dated March 18 , 2024; and Tree Report dated November 2, 2022.

A-2 The approval of this project expires if the approved use is not commenced within three years from the d ate of this approval, unless it is extended in accordance with the terms and provisions of the Simi Valley Municipal Code (SV MC).

APP LICANT:

RES. NO. SVPC 04-2024
Z-S-2022-0005/SP-S-2023-0002/PD-S-2022-0015
Adrian Stern
A-4 This decision is not effective until Permittee acknowledges acceptance of all conditions and any appeal period has lapsed, or a waiver of right t o appeal is filed or if there is an appeal, until a final decision has been made on the appeal. By use of the entitlements granted by a development application, the Permittee acknowledges agreement with conditions of approval.

A-6 During the lifetime of the permit, Permittee must comply with all applicable laws and regulations of every local, state, and federal entity; and all such requirements and enactments will b e incorporated b y reference a s conditions of this permit. The duty of inquiry as to such requirements and any amendments thereto will be upon Permittee and his or her transferees or successor in interest.

A-7 Permittee agrees that if any of the conditions or limitations of this permit are held to be invalid by a court of competent jurisdiction, that holding will render this permit to be null and void.

A-8 Approval of this project requires c ertain legislative determinations by the City Council. The approval of the Planned Development Permit is hereby expressly made contingent upon the approval of the Zone Change, Specific Plan Amendment, and Affordable Housing Agreement by the City Council.

A-9 Permittee must provide to the Deputy Environmental Services Director/City Planner a copy of all conditions of approval recorded with the Ventura County Recorder's Office.

A-10 Permittee must not attach signs, flags, pennants, streamers, or banners of any type to the light poles or landscaping.

APP LICANT:

RES. NO. SVPC 04-2024
Z-S-2022-0005/SP-S-2023-0002/PD-S-2022-0015
Adrian Stern
b.

C.
d.

The enclosure must incorporate an opaque gate and include a solid roof, which will be designed to preclude trash from being blown out of the bins;
The height of the enclosure walls and gate must be the same o r greater than the height of the bins within the enclosure; and Except when the bins are being accessed, the bins must be stored at all times within the enclosure with the gate closed.

A-12 Permittee m ust submit a Final Utility Equipment Screening Plan to the Deputy Environmental Services Director/City Planner for review and approval. The plan must include:
a. Size a nd location of all above-ground utility cab inets and underground utility vaults for electric, telephone, cable communications, backflow prevention devices, and fire sprinkler pressure detector check valves (utility equipment);
b. Screening design and location for all above-ground utility equipment by method of masonry walls, landscaping, or a combination of both; c. A minimum of three feet of clearance between all above-ground utility equipment and the screening;
d. Access panels oriented away from all public rights-of-way; e. Fire sprinkler pressure detector check valves located a minimum of 10 feet from all property lines adjacent to public rights-of-way, unless determined by the Deputy Environmental Services Director/City Planner to be not feasible;
f. Depiction of the Traffic Sight Safety Area (TSSA); and g. Location of all above-ground utility equipment outside of the TSSA.

A-13 In the event of the encounter of subsurface materials suspected to be of an archaeological or paleontological nature, all grading or excavation must cease in the immediate area, and the find left untouched. Permittee must select and provide a qualified pr ofessional archaeologist certified by the Register of Professional Archaeologists or paleontologist with a degree(s) in paleontology or geology to evaluate and make recommendations as to disposition, mitigation and/or salvage. The recommendation must be implemented before work may proceed. Permittee will be liable for all costs associated with the professional investigation and implementation.

A-14 Before the time of occupancy inspection, Permittee m ust provide to the Deputy Environmental Services Director/City Planner and the Building 27 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) 285
CAS E NO.:

APPLICANT:

RES. NO. SVPC 04-2024
Z-S-2022-0005/SP-S-2023-0002/PD-S-2022-0015
Adrian Stern
Official written certification from the project architect or engineer that t he project has been constructed in accordance with the approved plans.

A-15 Permittee must continually maintain, repair and replace a ll structures, landscaping, irrigation equipment, sidewalks, parking lot surfacing, and all other improvements within the project described in the approved plans.

A-16 Permittee must submit photometric and luminaire p lans that comply with Simi Valley Municipal Code Section 9-30.040. The plans must also include the following items: Show that all exterior light fixtures depicted on the plan have fully recessed lenses and cut-off features that limit illumination at the property line to 0 .5 footcandles; and, include a note that states: "All downcast light fixtures will be installed and permanently maintained in a horizontal position."
*A-17 Throughout its term, Permittee must abide by the provisions of the Affordable Housing Agreement approved concurrently herewith, which are incorporated by this reference as if fully set forth. A violation of the terms of the Affordable Housing Agreement, or any of its exhibits, constitutes a violation of this Planned Development Permit. In the e vent of a conflict between the Agreement and the PD conditions, whichever contains more restrictive terms will apply.
*A-18 Permittee must execute an Affordable Housing Agreement with the City for a term of 55 years that must reserve five apartment units for occupancy by qualified low- and very low-income households, as s pecified by the Affordable Housing Agreement (AHA-2022-0001) as approved by the City Council.
* A-19 Permittee must submit to the Deputy Environmental Services Director/City Planner, a Fence and Wall Plan that includes details on all existing and proposed fences, walls, and gates that include colors, materials, textures, heights, and style. Materials must be slumpstone, wrought iron, textured concrete block, or other similarly constructed walls. All property line walls and fences must not be placed more than one inch away from any property line.
*A-20 Permittee must submit to the Deputy Environmental Services Director/City Planner for review and approval, a Final Roof Plan that demonstrates that all proposed rooftop HVAC units will be screened by the proposed parapet and screen walls.
*A-21 Before the Building Official conducts a Final Building Inspection or issues a Certificate of Occupancy, whichever occurs first, Permittee must submit to the Deputy Environmental Services Director/City Planner construction drawings that include details for the installation of a closed circuit security 28 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) 286
CASE NO.:

APP LICANT:

RES. NO. SVPC 04-2024
Z-S-2022-0005/SP-S-2023-0002/PD-S-2022-0015
Adrian Stern
camera system and resident door and access gate security system, which includes key fobs or equivalent.
*A-22 Permittee must provide one lockable storage closet for each unit attached to the unit, garage, or attached carport.

B. PUBLIC WORKS CONDITIONS:

B-2 Before the City Engineer issues a Grading Permit, Permittee must submit improvement plans on 24" x 36" sheets having the City's standard signature blocks. All lettering on the plans must be a minimum of .08 inch in size and the plans must be drawn to ensure reproduction and record keeping. All plans must be drawn in ink and must be signed by a California State Registered Civil Engineer at the time of first submittal. Permittee must submit improvement plans for the entire project as one package. The plans must include a ll project improvements s hown on the approved project exhibits and those to b e designed per these Conditions. Piecemeal submittal of plans is not acceptable. This package must include all supporting studies. Plans and studies must be signed by a California State Registered Civil Engineer at the time of first submittal.

B-3 Permittee must obtain an encroachment permit fo r construction of public infrastructure. Before the City Engineer issues an encroachment permit, all improvement plans and submittals must be accepted by the City Engineer, all applicable fees must be p aid, all securities must be posted, and insurance documentation must be provided.

B-5 Before the Building Official issues a final certificate of occupancy, Permittee must complete a ll improvements per the accepted pl ans and approved conditions and must obtain acceptance for the improvements by the City. 29 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) 287
CAS E NO.:

APP LICANT:

RES. NO. SVPC 04-2024
Z-S-2022-0005/SP-S-2023-0002/PD-S-2022-0015
Adrian Stern
Grading
B-6 Before the City Engineer issues a grading permit, Permittee must submit a site paving, drainage, and grading plan, subject to review and approval by the City Engineer. Upon acceptance of the geotechnical report by the City, Permittee m ust submit a digital file of the report and a ll comments, responses, references, and supporting data.

B-7 Before the City Engineer issues a grading p ermit, Permittee m ust post improvement securities for all grading, pay all applicable fees, and provide insurance documentation.

B-8 Permittee must obtain a grading permit, complete the grading according to the approved plans, and provide certifications by the soils engineer and civil engineer.

Drainage
B-9 Before the City Engineer issues a grading permit, Permittee must provide a final drainage study prepared b y a California State Registered Civil Engineer. The drainage study must include hydrologic and hydraulic calculations.

B-11 Storm water detention facilities must be privately maintained by the property owner(s).
*B-12 Permittee must submit to the City Engineer for review, and must execute and record upon approval, a Deed Restriction Covenant and Agreement regarding Detention, Storm D rains, and S tormwater Treatment Device Maintenance in a form approved by the City Attorney.

Storm Water Quality
*B-13 Before the City Engineer issues a grading permit, Permittee must prepare a Storm Water Pollution Prevention Plan (SWPPP) and must incorporate permanent storm water quality treatment devices into the site improvements for review and approval by the City Engineer.
*B-14 Permittee m ust identify pollutant sources and must include design and recommended construction, implementation, and maintenance measures in order to eliminate or reduce the discharges of pollutants from the project 30 2S20220005 SPS20230002 PDS20220015 PC Staff Report (mg) 288
CAS E NO.:

APPLICANT:

RES. NO. SVPC 04-2024
Z-S-2022-0005/SP-S-2023-0002/PD-S-2022-0015
Adrian Stern
site to the public storm drain system during and after the construction period.

Traffic
*8-15 Permittee must design and construct any landscaping to incorporate and provide for the minimum safe vehicle/driver sight distances at t he project driveways, restricting the height of any planting material to 30 inches or less within the driver's sight distance area p er City Standard SV 20-130; in addition, no walls, berms, slopes, backflow prevention devices, on-site project monuments, signs, or other impediments to the d river's s ight visibility will be allowed within that restricted area; all as directed by the City Engineer. Any proposed decorative pavement, on-site project monuments, or signs must be located outside of the public right-of-way, as directed by the City Engineer.
*8-16 Permittee must design and reconstruct all project access driveways per City Standard SV 11-20, "Commercial Driveway Approach" to achieve current Americans with Disabilities Act (ADA) Standards. Width must be per approved plan. Driveways must have minimum 15' radius returns. *8-17 Permittee must design and construct a raised median on Erringer Road opposite the southerly project driveway to restrict said driveway to right- in/right-out operation, the design for which must be coordinated with the City Traffic Engineer.
*8-18 Permittee must design and construct all frontage improvements in accordance with the General Plan, including curb, gutter, sidewalk, traffic signing and striping, and any enriched parkways to the satisfaction of the City Engineer.
*8-19 Permittee must design and construct any improvements in the public right- of-way in accordance with the Caltrans Standard Plans, and the California Manual on Uniform Traffic Control Devices, latest editions. *8-20 Permittee must design and construct all on-site traffic circulation elements and traffic control devices (e.g. pavement delineation, signage) in accordance with the California Manual on Uniform Traffic Control Devices, latest edition.
*8-21 Permittee must therefore pay the Traffic Impact Fee specified in the City of Simi Valley Schedule of Service Charges in effect at the time of payment, as stated in the current Traffic Impact Fee Resolution. The total fee is based on daily vehicle trip ends, with the current fee of $113.74 per trip. As the project is forecast to generate 300 daily trip ends, the total fee is $34,122. 31 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) 289
CASE NO.:

APPLICANT:

RES. NO. SVPC 04-2024
Z-S-2022-0005/SP-S-2023 -0002/PD-S-2022 -0015
Adrian Stern
Maintenance
B-22 Permittee m ust submit, to the Public Works Director, or designee , final Landscape and Irrigation Plans, estimates and plan chec k fees for review and a pproval. Landscape and Irrigation Plans must conform to the Ventura County Waterw orks No. 8 Conservation Standa rds, State o f California AB188 1 California Model Water Efficient Landscape Ordinance and design requirements of SV MC sections 7-3.08 and 7-3.09 .

B-23 Permittee must ensure that t he landscape a nd irrigation des ign pl ans include provision for installing root barriers (18 inches deep by 10 feet long, minimum), adjacent to b ack side of sidewalk when planting on-site tree(s) within 10 feet fr om the public rights-of-way and p ublic sidewalk.

B-24 Permittee must provide on the Landsca pe Plan , that landscaping within the "Line of Sight" (TSA Sight Line) areas at driveways, be designed so that it does not excee d 30" maximum plant height at maturity.

B-25 Permittee must include a n ote on the Final Landscape Plans stating that any street trees, plant material, and irrigation system within the street right- of-way adjacent the projec t, are to be maintained b y the property owner in perpetuity and p ursuant to SVMC § 7-3.19 .

B-26 Permittee m ust screen all above ground utilities adjacent t he right of way.

Above g round utilities must be setback suff iciently, approximately 6-8 feet from the right-of-way, to allow adequate screening.
*B-27 Permittee must remove and replace the Palm trees , and consider alternates for the p roposed Carrotwood trees adjace nt Erringer Road in a ccordance with the Tree Report dated November 2, 2022 to the satisfaction of the Public Works Director, or designee . Other acceptable tree spec ies must be selected from the City's approved street tree list as replace ments for them, as these trees produce haza rds to the public from prolific fruit and palm fronds falling on the walkways.

Waterwo rks District No. 8
B-28 Permittee must construct all public water facilities in compliance with the W ater Des ign and Construction Standards, adopted by the District Board of Directors on July 26, 2021, and subsequent revisions.

B-29 Permittee m ust apply for, and obtain, a Water Will-Serve Letter from Waterwo rks District No. 8 (WW D8).
32 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) 290
CASE NO.:

APPLICANT:

RES. NO. SVPC 04-2024
Z-S-2022-0005/SP-S-2023-0002/P D-S-2022-0015
Adrian Stern
B-30 Before WWD8 issues a Water Will-Serve Letter, Permittee must submit a utility plan to WWD8 for review and approval. The utility plan must show the domestic, irrigation, fire line connections, and backflow prevention assemblies.

B-32 Before WWD8 issues a Water Will-Serve Letter, Permittee must submit a Water Supply Fixture Unit (WSFU) count in accordance with the latest version of the California Plumbing Code, as adopted by the SVMC.

B-33 Before WWD8 issues a Water Will-Serve Letter, Permittee must submit form VCFPD FORM 625 with authorized signatures from VCFPD and WWD8.

B-34 Before WWD8 issues a Water Will-Serve Letter, Permittee must pay the capital improvement charge for water service. The estimated total fee for 66 multi-family residential units is, at the time these Conditions of Approval (COA) are approved, calculated at $170,202. Actual fees will be determined at the time of payment.

B-35 Before the installation o f landscaping o r the Building O fficial issues a Certificate of Occupancy (COO), whichever comes first, the Permittee must purchase and install the domestic and irrigation water meters.

Sanitation
B-36 Permittee must construct two sewer laterals, 6" minimum diameter per City of Simi Valley Standards contained in The City of Simi Valley Department of Public Works Sanitation Engineering Section Manual and Standard Plans for the Design and Construction of Sanitary Sewerage Facilities dated August 28, 2006.

B-38 Permittee must apply for, and obtain, a Sewer Will-Serve Letter from the Public Works Director, or designee.
33 2S20220005 SPS20230002 PDS20220015 PC Staff Report (mg) 291
CAS E NO.:

APP LICANT:

RES. NO. SVPC 04-2024
Z-S-2022-0005/SP-S-2023-0002/PD-S-2022-0015
Adrian Stern
8-39 Before the Public Works D irector, or designee, issues a Sewer Will-Serve Letter, Permittee must pay all applicable sewer connection fees. The current estimated total fee of $216 ,546 .00 for proposed 66 apartment units is based on the current rate of $3,281.00 per apart ment unit. The actual fees will be determined at the time of payment.
8-40 Permittee must receive approval from the Public Works Director, or designee , for the construction o f private on-site sewer facilities . On-site private sewer lines must be designed with a minimum 2 percent slope per the latest Califo rnia Plumbing Code, as ado pted by the SVMC.

C. LANDSCAPING CONDITIONS:

C-1 Permittee must submit final landscape a nd irrigation pl ans, and supporting materials as outlined in the City of Simi Valley Final Lands cape Plan Chec klist, to the Deputy Environmental Services Director/City Planner for review and approval. The plans must:
a. Comply with the conceptual landscape plan as approved by the Planning Commission;
b. Comply with the recommendations of the City's Consulting Landscape Architect, to ensure plans conform to the Planning Commission approval, the City's Landscape Design Guidelines, and the 2015 State Model Water Eff icient Landscape Ordinance as implemented by the City of Simi Valley;
c. Comply with the approved site plan and Public Works grading a nd improvement plans;
d. I nclude an a gronomic soils report as spec ified in the 2015 State Model Water Eff icient Landscape Ordinance as implemented by the City of Simi Valley. The soils report must be based on soil conditions after the establishment of final grades , and final lands cape plans must incorporate the report recommendations;
e. I nclude a Water Eff icient Landscape Worksheet with each submittal of landscape and irrigation plans;
f. Show all protected trees pursuant to SV MC § 9-38.050; g. Provide root barriers for all trees planted in p arking lot, perimeter, and founda tion planting areas, per Simi Valley Standa rd Plans 51-20 and 5 1-60 ; and
34 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) 292
CASE NO.:

APP LICANT:

RES. NO. SVPC 04-2024
Z-S-2022-0005/SP-S-2023-0002/PD-S-2022-0015
Adrian Stern
h. Include planting and irrigation with n ative compatible, fire-resistant plants in areas adjac ent t o existing native vegetation. All plant materials must be low-water use and must not include any live turf areas. The plant palette must not include invasive plants as listed in the Califo rnia Invasive Plant Council (Cal-lPC) Invasive Plant Inventory.

C-2 Before the City Planner issues a Zoning Clearance or the City Enginee r issues a Grading Permit, whichever c omes first, Permittee must obtain a Tree Removal Permit in accordance with SV MC § 9-38.070, et seq., for any protected trees des ignated for removal on the plan. Unless otherwise approved b y the Deputy Environmental Services Director/City Planner, Permittee must not remove any of the mature trees before the commencement of any grading.

C-3 From the date of the City Council's approval until final i nspection or the Building Official issues a final certificate o f occupancy for the last building to be built pursuant to this permit, Permittee must protect and p reserve existing p rotected trees identified in the approved Tree Report dated November 2, 2022, pursuant to SVMC C hapter 9-38 and City's Landscape Design Guidelines, unless a Tree Removal Permit authorizing their removal has been issued by the Depart ment of Environmental Services.

C-4 For the lifetime of the permit, Permittee m ust mitigate the loss of all protected trees, reloc ated trees, and trees identified on the Final Landscape Plan, pursuant t o SV MC Chapter 9-38 and the City's Lands cape Design Guidelines .

C-5 Before the Building O fficial issues a Certificate of Occupancy or a Final Inspection request, whicheve r comes first, Permittee m ust:
a. Install all landscaping and irrigation identified on the Final Landscape Plan;
b. Require that t he landscape architect be present during the final landscape inspection by the City and certify that the installation o f landscape materials and irrigation systems are installed pursuant to the approved Final Landscape Plan ; and
c. Provide the required documentation outlined in the City of Simi Valley Final Landscape Plan Checklist, following completion of the landscape installation .

C-6 For the lifetime of this permit, Permittee m ust adhere to the City's Landscape Maintenance Requirements as follows:
35 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) 293
CAS E NO.:

APP LICANT:

RES. NO. SVPC 04-2024
Z-S-2022-0005/S P-S-2023-0002/P D-S-2022-0015
Adrian Stern
a.
b.

C.
d.

Trees must be thinned as defined b y the Tree Care Industry Association, ANSI A300 S tandards to eliminate crowding or x- crossing branches, to remove dead or broken limbs, and to remove structurally weak branch attachments;
Tree canopies must not be topped (to remove or cut the top of the tree) or pollarded (to cut back to the trunk to promote the growth of a dense head of foliage) as defined by the Tree Care Industry Association, ANSI A300 Standards;
All pruning must comply w ith the International Society of Arboriculture, Best Management Practices-Tree Pruning, current edition;
No more than 20 percent of a tree canopy must be removed during a growing season;
e. Branches must be removed as needed to allow for a 14-foot vehicular path clearance and a n eight-foot pedestrian p ath clearance;
f. All pruning must be supervised by a certified or consulting arborist; and
g. Dead or rrussmq pl ants must be replaced to comply w ith the approved landscape plan. The minimum replacement size must be at least a 24-inch boxed tree, five-gallon shrub/vine, or a one-gallon groundcover.

D. VENTURA COUNTY FIRE PROTECTION DISTRICT:

D-1 The minimum fire-flow required must be determined a s specified by the current adopted edition of the California Fire Code Appendix B with adopted Amendments and the applicable Water Works Manual for the jurisdiction (whichever is more restrictive). Permittee m ust verify that t he w ater purveyor can p rovide the required volume and d uration for the project before obtaining a building permit by having them fill out VCFD Form #625, Fire-Flow Verification.

D-2 Permittee must submit VCFD Form #610, Fire Permit Application, before obtaining a building permit for any new structures.

D-3 Permittee m ust submit Building pl ans of all A, E, I, H, R-1, R-2, or R-4 occupancies to the Fire District for review and approval before obtaining a building permit. Plan review is based on the function of space, not occupant load.
36 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) 294
CAS E NO.:

APP LICA NT:

RES. NO. SVPC 04-2024
Z-S-2022-0005/SP-S-2023-0002/PD-S-2022-0015
Adrian Stern
D-4 Private roads must comply with Public Road Standards. Multi-Family, Commercial, or Industrial Buildings or portions of buildings or fa cilities exceeding 30-feet in height above the lowest level of fire department access must require a n approved aerial ladder fire a pparatus access road. The highest roof surface must be determined by measurement to the eave of a pitched roof, the intersection of the roof to the exterior wall, or the top of parapet walls, whichever is greater. One aerial apparatus access road must be provided per 50,000 square feet of building a rea. Aerial apparatus access roads must have a minimum unobstructed width of 30 feet, exclusive of shoulders. Required a erial apparatus access roads must be located within a minimum of 15-feet and a maximum of 30-feet from the building.

Aerial apparatus access roads must be positioned such that t hey are parallel to the entire side of the building. The side of the building on which the aerial fire apparatus access road is positioned must be along the longest side of the building, unless otherwise approved by the fire code official.

Parking must be prohibited along the required width of the access roads.

D-5 The fire code official is authorized to reduce the required width to not less than 24-feet when all the following are provided:
a. Automatic fi re sprinklers are installed throughout t he structure in accordance with NFPA 13;
b. Fire sprinkler standpipes are provided on all floors and through to the roof;
c. Two o r more roof access points are provided through 2 -hour fire rated stairways separated a distance not less than half of the diagonal of the structure; and
d. Where exit access passes through interior corridors, foyers, lobbies, or reception areas, the 2-hour fire rating must be maintained.

D-6 All access roads must have a minimum vertical clearance o f 13-feet 6- inches. Clear of building to sky.

D-8 Any gates to control vehicle access are to be located to allow a vehicle waiting for entrance t o be completely off the intersecting roadway. A 37 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) 295
CAS E NO.:

APPLICANT:

RES. NO. SVPC 04-2024
Z-S-2022-0005/SP-S-2023-0002/PD-S-2022-0015
Adrian Stern
minimum clear open width of 15-feet in each direction must be provided for separate entry/exit gates and a minimum 20-feet for combined entry/exit gates. If gates are to be locked, a Knox system m ust be installed. The method of gate control, including operation during power failure (battery back-up), must be subject to review by the Fire Prevention Division. Gate plan details must be submitted to the Fire District for approval before installation. A final acceptance inspection by the Fire District is required before placing any gate into service.

D-9 Before construction the Permittee must submit two (2) site plans to the Fire District for approval of the location of fire lanes. Before occupancy, all fire lanes must be posted "NO PARKING-FIRE LANE-TOW AWAY" in accordance with California Vehicle Code, the California Fire Code, and current Ventura County Fire P rotection District (VCFPD) Fire Lane Standards. All signs and Fire Lane markings must be within recorded access easements.

D-10 Permittee must provide access around the building to allow for laddering the building, at a maximum 75-degree angle, to reach emergency escape and rescue openings below the fourth story above the grade plane. A three (3) foot clear working space must be provided around the ladder at ground level.

D-11 Permittee must install fire hydrants and put in service before combustible construction and m ust conform to the minimum standard of the Ventura County Waterworks Manual and the following:
a. Each hydrant must be a 6-inch wet barrel design and must have one 4-inch and two 2 ½-inch outlets;
b. The required fire flow must be achieved a t no less than 2 0-psi residual pressure;
c. Fire hydrants must be spaced 500-feet on center and so located that no structure will be farther than 250-feet from any one hydrant; d. Fire hydrants must be located within 150-feet of fire department connections;
e. Fire hydrants must be set back from the curb face 24-inches on center; and
f. No obstructions, including walls, trees, lights, signposts, and meters must be placed within three feet of any hydrant.
38 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) 296
CASE NO.:

APPLICANT:

RES. NO. SVPC 04-2024
Z-S-2022-0005/SP-S-2023-0002/PD-S-2022-0015
Adrian Stern
D-12 Permittee must upgrade the existing hydrant located at Erringer Road and Heywood Street to a standard 6-inch wet barrel hydrant with one 4-inch and two 2 ½-inch outlets.

D-13 Permittee m ust install Standpipe systems in accordance with California Building Code and California Fire Code requirements, and NFPA Standard

14. D-14 Permittee must provide all structures with an automatic fire sprinkler system in accordance with California Building Code a nd California Fire Code requirements, and NFPA Standard 13.

D-15 Permittee m ust submit plans for water systems s upplying standpipe systems and fire sprinkler systems, and not located within a water purveyor's easement, to the Fire District for review and approval before the City Engineer/Building O fficial i ssues grading and/or building p ermits or signing of grading pl ans, whichever is first. Pl ans must reflect o nly dedicated private fire service lines and associated appurtenances.

D-16 Permittee must install a fire alarm system in all buildings in accordance with the California Building Standards Code and California Fire Code requirements, and NFPA Standard 72.

D-17 Permittee m ust submit plans for any fi re a larm system or sprinkler monitoring system to the Fire District fo r review and a pproval before installation.

D-18 Permittee a nd all occupants of buildings must comply with the Fire Department requirements for Emergency Preparedness Requirements as indicated under the California Fire Code, Chapter 4 "Emergency Planning and Preparedness", and 19 Cal. Code of Regs. 3.09. All required records and documentation must be available for review by the Fire Department upon request.

D-19 Permittee must install building address numbers, a minimum of 10-inches high, before o ccupancy, Numbers must be of contrasting color to the background, and must be readily v isible at night. B rass or gold-plated numbers must not be used. Where structures are set back more than 150- feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is not visible from the street, the address number(s) must be posted adjacent to the driveway entrance on an elevated post. Individual unit numbers must be a minimum of 4-inches in height and must be posted at the front and rear entrance to each unit. Additional address directional signs may be required at common building entrances and stairways.
39 2S20220005 SPS20230002 PDS20220015 PC Staff Report (mg) 297
CASE NO.:

APP LICANT:

RES. NO. SVPC 04-2024
Z-S-2022-0005/SP-S-2023-0002/PD-S-2022-0015
Adrian Stern
D-20 Before combustible construction, Permittee must install a fire a pparatus access road with a minimum unobstructed width of 20-feet. At minimum, the surface of the fire apparatus access road must be as follows: A minimum 6- inches of native soil compacted to 95 percent relative compaction topped with a minimum 4-inches of aggregate base compacted to 100 percent relative compaction or first lift of AC pavement with required aggregate base in accordance with public road standards or registered engineers design requirements.

D-21 Before combustible construction, Permittee must install all utilities located within the access road and the first lift of the access road p avement. A minimum 20-foot clear width must remain free of obstruction during any construction activities within the development once combustible construction starts.

E. RANCHO SIMI RECREATION AND PARK DISTRICT:

E-1 Permittee m ust provide the Rancho Simi Recreation and Park District (RSRPD) with the equivalent Park Land Dedication/In-Lieu Fees for the 66 apartment units before the issuance of a Zoning Clearance for the project to the City of Simi Valley. If the number of dwelling units changes before the a pproval of the Zoning Clearance, the Park Dedication Fees will be modified to reflect the actual development accurately. Under authorization by the RSRPD Board of Directors, it is anticipated that cash-in-lieu fees received from the project will be committed to the RSRPD's Rancho Simi Community Park.

E-2 Permittee is responsible for ascertaining and paying all City fees as required by the SVMC. This c ondition serves as notice, pursuant to Government Code § 66020(d) that the City is imposing development impact fees (DIFs) upon the project in accordance with the Mitigation Fee Act (Government Code § 66000, et seq.) and the SVMC. The permittee is informed that it may protest DIFs in accordance with Government Code § 66020.

E-3 If the proposed p roject includes new storm drain connections from the subject parcel to the Arroyo Simi Flood Control Channel, Permittee must submit an implementation plan to temporarily detour the use of the Arroyo Simi Greenway Bike Trail around the construction area to RSRPD before the City Planner issues a Zoning Clearance. The detour plan must depict the proposed alternate route, detour signage, and location of all safety barriers. Any damage to the existing bike trail must be repaired to the satisfaction of the Park District.

E-3 Before the City Planner issues a Zoning Clearance, Permittee must submit the Final Landscape Plan to RSRPD to show the relocation of the dog park to the front east side of the recreation area. The relocation will create more 40 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) 298
CASE NO.:

APP LICANT:

RES. NO. SVPC 04-2024
Z-S-2022-0005/SP-S-2023-0002/PD-S-2022-0015
Adrian Stern
distance from the dogs and members of the public who use the Arroyo Greenway Bike Path.

E-4 Before the City Planner issues a Zoning Clearance, Permittee must submit Final Landscape plans to RSRPD showing that the proposed trees will be outside the canopy of the existing trees located on the Arroyo Simi Greenway Property.

E-5 Permittee must submit a Final Fencing Plan to RSRPD Director of Planning and Maintenance showing that the proposed retaining wall adjacent to the Arroyo Greenway w ill not impact the existing trees within the Arroyo Greenway.

END OF ALL CONDITIONS
41 ZS20220005 SPS20230002 PDS20220015 PC Staff Report (mg) 299
CAS E NO.:

APP LICANT:

RES. NO. SVPC 04-2024
Z-S-2022-0005/SP-S-2023-0002/PD-S-2022-0015
Adrian Stern

AFFIDAVIT
I, , do hereby declare under penalty of perjury that I have Power of attorney on behalf of all property owners of the subject application and that all property owners accept all conditions imposed by the Planning Commission in their approval of PD-S-2022-0015. Permittee and property owners agree to comply with these conditions and all other applicable laws and regulations that affect this project.

Signature - ---------- - Date
Printed Name ---------- -
42 2S20220005 SPS20230002 PDS20220015 PC Staff Report (mg) 300

MINUTES OF THE MEETING OF THE

PLANNING COMMISSION

MOBILE HOME RENT MEDIATION BOARD

TREE ADVISORY BOARD

City Council Chamber May 8, 2024
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 Kennedy, Rice, a nd Tolson; Vice Chairperson Mayer.

Absent: Chairperson Mann

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

5. APPROVAL OF MINUTES – April 17, 2024
It was the consensus of the Commission to approve the minutes as submitted.

6. DECLARATION OF CONFLICT – None

7. PUBLIC STATEMENTS – None

8. CORRESPONDENCE
Deputy Environmental Services Direc tor/City Planner Sean Gibson stated a supplemental with email correspondence for agenda item 11.A.1. Correspondence was provided through email, at the dais, and available to the public.

9. CONSENT CALENDAR – None

10. CONTINUED BUSINESS – None

11. NEW BUSINESS
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Tree Advisory Board Minutes – Page 2 May 8, 2024

A. PUBLIC HEARINGS

1. PD-S-2022-0015, SP-S-2023-00 02, and Z-S-2022-0005: To consider a Zone Change, Specific Plan Amendment, and Planned Development Permit, to modify th e Arroyo Simi Greenway Specific Plan, change the zoning from Commercial Office-Specific Plan [CO(SP)] to Residential Very High (RVH), in order to construct a new 66 unit, 4-story multi-family residentia l building with an Affordable Housing Agreement; located at 1575 Erringer Road.

Staff Contact: Elizabeth Richardson
(805) 583-6334

There were no ex parte communications to report.

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

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

Commissioner Rice asked if staff knows the apartment vacancy rate in the City and how much does an individual have to make to be considered very low or low income.

Mr. Gibson stated the vacancy rate is low, around one to two percent.

Deputy City Attorney Ephraim S. Margolin stated the income numbers are based on regulations published by the state regarding median income for the county.

Associate Planner Eric Chen explained by HUD’s standard for a family of four, the median income is $123,500. 80 percent of the median income is considered low or $106,250. 50 percent of the median income is very low-income level or $66,400.

Commissioner Rice stated the result of bu ilding single-family homes can cost the City more than building apartments. Mr. Gibson confirmed that with the infrastructure, single-family homes do co st the City more. Mr. Rice inquired what percentage of homes in Simi Valley are single family.

Vice Chairperson Mayer opened the public testimony portion of the hearing.

The Applicant, Adrian Stern, gave a brief presentation about the project.

Chairperson Tolson asked the applicant to confirm if parking would be allowed on Erringer Road and inquired about the gates for resident parking. Mr. Stern stated no parking is allowed on Erringer Road and a transponder to access the secure gates will be for residents, otherwise, there will be some guest parking in front.

Vice Chairperson Mayer inquired about how parking spaces will be assigned. Ms.

Mayer also asked about the potential cost for one and two-bedroom apartments. 302
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Tree Advisory Board Minutes – Page 3 May 8, 2024

The applicant, Mr. Stern, stated residents interested in a spot will be put into a pool. Due to complex’s having more parking spots than requir ed, there has not been issue getting a parking spot for anyone who inquires about one. Mr. Stern’s team stated the average range for a one-bedroom is $2, 200 to $2,400 and the average range for a two-bedroom is $2,500 to $2,900.

The following submitted a speaker card and spoke:

Adriene Stuck spoke in opposition of the project.

Steven Koep spoke in opposition of the project.

Bob Cottle commented on the affordable units within the project. He also spoke regarding the multiple costs associated with single family and multi family homes.

Doug Robertson spoke in opposition of the project.

Linas Kojelis spoke in opposition of the project.

Mr. Gibson responded to statements made during public testimony. He also stated the percentage of single-family housing is 72 to 80 percent depending on whether attached or detached.

The applicant, Adrian Stern, responded to statements made du ring the public testimony.

Vice Chairperson Mayer closed the public testimony portion of the hearing.

Commissioner Rice commented the commission cannot deny the fourth story of the building due to the waivers and densit y bonus. Mr. Rice asked Justin Link, Principal Engineer with the Traffic Division, about the ty pe of striping associated with the sidewalk near Erringer Road and He ywood Street. Mr. Link stated it is a ladder crosswalk. Mr. Rice inquired if there are any future changes for this intersection and crosswalk. Mr. Link stated there are no proposed changes at this time but could be reconsidered if needed. This intersection is considered Level of Service B.

Commissioner Kennedy inquired about an i ngress or egress fo r the project and Erringer Road. Justin Link stated the north ern driveway could exit north or south with the option to turn into t he center lane. The southern driveway is restricted to right in right out. It is condition for a raised median to be installed.

Commissioner Tolson asked if there would be potential for those traveling north to back up into the crosswalk at the Arroyo. Mr. Link stated the condition requiring the applicant install a raised median is to prevent backup. Mr. Tolson commented on the traffic studies performed. Justin Link explained the process of the traffic and traffic studies.
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Tree Advisory Board Minutes – Page 4 May 8, 2024

Commissioner Tolson inqui red about an Affordable Ho using Agreement (AHA).

Mr. Gibson stated the AHA is tentatively scheduled for the subcommittee on May 30, 2024.

Mr. Chen clarified the low income is 60 per cent of the median standard. One unit will be designated as low income and the re maining four units will be very-low income. Mr. Chen clarified how the affordable units are determined.

Vice Chairperson Mayer commented when an Affordable Housing Agreement is in effect, state law takes effect and almo st ensures approval. Mr. Gibson briefly explained the requirements associated with an AHA. Ms. Mayer stated her concerns that this is not a path to homeownership. She also has a parking concern.

Ms. Mayer likes the modern ascetics of the building but does not agree with the fourth story and is open to discussing three stories.

COMMISSIONER KENNEDY MOVED THAT THE

PLANNING COMMISSION OF THE CITY OF SIMI

VALLEY RECOMMEND THAT THE CITY COUNCIL
APPROVE ZONE CHANGE (Z-S-2022-005),
SPECIFIC PLAN AMENDM ENT (SP-S-2023-0002),

AND PLANNED DEVELOPMENT PERMIT (PD-S-
2022-0015); IN ORDER TO CONSTRUCT A NEW 66

UNIT, FOUR-STORY MULTI-FAMILY RESIDENTIAL
BUILDING; AND A DETERMINATION THAT THE

PROJECT IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT

Commissioner Rice seconded the motion.

AYES: Commissioners Kennedy, Rice, and
Tolson

NAYS: Vice Chairperson Mayer

ABSTAIN: None

ABSENT: Chairperson Mann

There is no appeal period for Z-S-2022-0005, SP-S-
2023-0002, and PD-S-2022-0015. Item will proceed to
City Council with the Planning Commission’s
recommendation.

B. OTHER – None
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Tree Advisory Board Minutes – Page 5 May 8, 2024

12. ORAL COMMUNICATIONS AND REPORTS
A. STAFF
Deputy Environmental Services Director/City Planner Sean Gibson stated a Planning Commission meeting will be held on May 22, 2024. Mr. Gibson stated he confirmed a ttendance and a Special Planning Commission meeting will be held on July 24, 2024.

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 7:52 p.m. The next scheduled Planning Commission meeting is on May 22, 2024.

Minutes prepared by:

Megan Grai
305

EXHIBIT 3

AFFORDABLE HOUSING SUBCOMMITTEE STAFF

REPORT AND DRAFT MINUTES

MAY 30, 2024

306
307

residential communities in Simi Valley within the past 5 years along Patricia Avenue: the 65-unit Patricia Pare Apartments, and the 54-unit Vantage Apartments - a combined $35 million in housing development dollars invested in Simi Valley to date. Anticipating budget constraints with inflation at a 30-year high, cost of construction and operation elevated, and the interest rate environment still volatile, a gap financing assistance from the City could ensure the fiscal viability of the Project by reducing the Applicant's construction and operating costs for the affordable housing units.

FINDINGS AND ALTERNATIVES
Bridge Loan Request
According to the Applicant, the total Project cost for The Ridge Apartment complex is estimated at $25 million, Which is approximately $379,000 per unit or approximately $2 million for the five affordable units. The Applicant has submitted an Amortized Loan Repayment Schedule and Project Milestones to the City in support of their request for a $500,000 bridge loan in exchange to add deeper affordability as mentioned in the above AHA discussion. The bridge loan is intended to provide construction and project stabilization financing for five (5) floating affordable units1 with one (1) floating unit to be occupied by a qualified extremely low-income household, three (3) floating units to be occupied by qualified very low-income households, one ( 1) floating unit to be occupied by a qualified low-income household, and the bedroom mix shall be adjustable according to each household size.

In contrast to a standard AHA with a City permanent loan incentive for a term of 55 years, the term of the bridge loan would be limited to 18 years. The bridge loan shall accrue 3% annual (simple) interest, prorated at $166,523.80 over the 18-year term, with interest-only payments during the initial 3 years (the construction phase - estimated at 3 years), and principal plus interest repayment beginning in year 4 until the bridge loan is repaid in full (the project stabilization phase - estimated at 15 years). During the construction phase, the bridge loan would be recorded as a subordinate lien to the loans. Once construction is complete, the City loan would be subordinate to loans, which will provide financing for 15 years to allow the residential project to stabilize. All principal repayments and interests accrued shall be deposited into the Successor Housing Agency Fund for future housing program uses. The Applicant has requested that the City release the funds at the time a zoning clearance is issued, tentatively April 1, 2025.

Rents
Based on the current market conditions and HUD AMls for Ventura County for very low (50% of AMI) and extremely low (30% of AMI) income categories, it is estimated at present value that writing-down of tenant rents to 30% of AMI will create a deficit of approximately $558,000 in rents collected over a term of 18 years. Table 1 below demonstrates the difference in rents received (or rent loss), estimated at present value, between market rate rents and the deed restricted rents, with the general assumptions under HUD standards for a two-bedroom unit, household size of 4 people, and fixed 5% annual rent increases over an 18-year term and a 55-year term.

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T bl 1 C a e - fEf td R s 1ma e ompanson o ents R . d P A ece1ve er ,partment u·rut Rent Total Rents Received Difference (Rent Loss)
Categories 18-year 55-year 18-year 55-year
Market Rate $894,609 $8,672,261 - -
50% of AMI $560,397 $5,432,435 ($334,212) ($3,239,826)
30% of AMI $336,322 $3,260,279 ($558,287) ($5,411,982)
Beyond the annual rent adjustments to keep up with inflation, development subsidy in the form of a low-interest construction loan is the available option to help gap the rent loss, maintain the balance of deeper affordability, and to allow the Developer to keep pace with its ongoing operating costs.

Successor Housing Agency (SHA) Funding
Pursuant to California Health and Safety Code Section 34176.1, the City of Simi Valley Successor Housing Agency (SHA) is obligated to meet its obligations to expend all Excess Surplus funds in its Low and Moderate Income Housing Asset Fund. The State statue defines Excess Surplus as unencumbered funds exceeding one million dollars or the aggregate amount deposited into the fund over the preceding four fiscal years, whichever is greater, the length of time that the SHA has had Excess Surplus, and the SHA's plan for eliminating the Excess Surplus within three fiscal years. Furthermore, SHA expenditures are limited to the development of affordable housing rental units, administrative costs of monitoring the SHA
assets, and homeless prevention.

As of June 30, 2023, the SHA excess surplus required to be spent and/or committed by June 30, 2024 was $1,380,160. Table 2 below details how the proposed loans for both projects being presented at this meeting will affect the outstanding surplus and/or assist with preventing the accumulation of an additional surplus at the end of FY 2023-24. It should be noted that a surplus creates time constraints on pairing rental projects with available funding that meet the requirements of the SHA. Additionally, developers rarely propose the inclusion of 30% AMI units outside of permanent supportive housing (PSH) projects, which are reserved for homeless individuals requiring case management services. To be able to secure a 30% AMI unit outside of a PSH project creates an opportunity for an individual on a fixed income without a Section 8 Housing Choice Voucher to secure affordable housing.

Table 2- Overview of Excess Sur Jus
$2,461,945
Less: FY 2021-22 Ex enditures $597,057
Less: FY 2022-23 Ex enditures $484,728
FY 2020-21 Sur lus Balance
Less: Pro osed Churchill Loan $1,000,000
$692,576
$141,513
$204,187
lus Balance $33,284
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Less: Proposed Rid.ae Loan ($500,000)
Net Impact to FY 2023-24 Surplus (Expenditure Deadline ($466,716) 6/30/27) or Fund Balance
Affordable Housing Agreement (AHA)
The Ridge Apartments, under the ownership of 1850 HSA, LLC (the "Applicant"), is a 66- unit multifamily apartment community under the Planned Development Permit PD-S- 2022-0015, including an Affordable Housing Agreement AHA-2023-0001 for five (5) affordable units set aside to qualified extremely low-, very low-, and low-income renters in exchange for 13% density bonus (total 8 units), one development concession, and five development waivers (pursuant to the State Density Bonus Law to overcome site constraints), plus gap financing assistance from the City. The AHA, if approved, would require the City to provide financial assistance to write-down the tenant rents for one deed restricted unit from the Very Low-Income level at 50% of the Area Median Income (AMI) to the Extremely Low-Income level at 30% of the AMI. Additionally, the City would grant the Applicant permission to acquire a small City-owned property (APN: 632-0-140-300), that currently sits vacant and must be consolidated with a larger adjacent property to be suitable for development. The 8,537-square foot lot can benefit the project with site access along the Erringer Road arterial and the Arroyo Simi Greenway multi-modal path, and the additional land would increase the allowable unit count for the Project by as many as 7 units to help deem the Project financially viable. Providing developers with incentives such as development subsidies and land grants is a common practice for all levels of government to create housing opportunities for any mixed-income communitres.

Additionally, it is rare for a non-permanent supportive housing development to include any 30% AMI units. The rent loss associated with deeper affordability such as households at 30% of the AMI often prohibits these units from being built outside of permanent supportive developments that are largely subsidized with state and federal funds for individuals exiting homelessness.

City Staff reviewed the Applicant's proposal and determined that the request for financial, assistance is warranted in the following ways.

1. The Applicant has specified that the construction financing would be fully secured if the City approves the bridge loan.

2. As illustrated in the Project Milestone (Exhibit 2), the Applicant having secured site control and established Project"s shove·! readiness (planned enough to allow construction to begin) are key incentives to the City in the form of community reinvestment and economic development.

3. The rental housing market is experiencing a strong return on investment rate. The recent Ventura County Civic Alliance's State of the Region report shows the average market rents for apartments in Ventura County experienced an increase of more than $500 from the average rent three years earlier.

Therefore, the Applicant's Amortized Loan Repayment Schedule (Exhibit 3) proposes a condensed bridge loan repayment schedule of 18 years instead of a standard 55-year repayment plan for affordable housing developments.

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Regional Housing Needs Allocation (RHNA)
The 2021-2029 RHNA began on October 15, 2021. While the City is not obligated to build housing, it must adopt land use policies and implement them in a manner that allow feasible opportunities to build housing units to meet the identified RHNA needs. The City's RHNA allocation for the current cycle is 2, 793 housing units at various income levels.

Table 3 below details the City's allocations by income level, projected development, the impacts of this proposed development, and the remaining unmet allocation. If the Project is approved and built, the City would satisfy 3 RHNA allocations in the Very Low-Income category, 1 allocation in the Extremely Low-Income category, 1 allocation in the Low Income category, and the remaining 61 units would fully satisfy the Moderate-Income allocations as the Project is located within the Low/Moderate Income Area as determined by the U.S. Census Bureau.

Housing Units
RHNA
Allocation
Pipeline
Projects &
Projected
ADUs
Santa Susana
GRF2, LLC
Heywood
Street
Associates LLC
1850 HSA, LLC
Remaining
Unmet
Allocation
T bl 3 RHNAAII S a e - ocat,on ummary
Extremely Very Low Low Moderate Above
Low (<50% (51-80% (81-120% Moderate
(<30% AMI) AMI) AMI) AMI) (>120% AMI)
374 375 493 518 1,033
0 68 307 326 956
0 14 0 0 77
1 4 0 86 0
1 3 1 61 0
372 286 185 45 0
Total Potential
Housing Units
2,793
1,657
91 91
66 888
To demonstrate a good faith effort in meeting the City's RHNA allocations, staff supports the applicant's proposal. Creating housing closer to jobs, services, and transit could also help mitigate regional traffic congestion. Lastly, increased availability of rental units will provide housing opportunitie.s for those who are not yet ready to purchase a home or cannot afford to do so in the current real estate market.

The following alternatives are available to the Subcommittee:

1. Recommend that the City Council adopt a resolution approving the Affordable Ho using Agreement, AHA-2023 -0001 (Attachment A, page 7) for The Ridge Apartments, to set aside one (1) unit for occupancy by a qualified Extremely Low Income household at 30% of the Area Median Income (AMI), three (3 ) units for occupancy by a qualified Very Low-Income households at 50% of AMI, one (1) unit for occupancy by qualified Lower-income household at 80% of AMI, qnd related H/6 05-24(cd)
311

conditions, for the 66-unit apartment project deed restricted for 55 years in exchange for a bridge loan from the City;

2. Approve a loan agreement and accompanying documents, between the City and 1850 HSA, LLC, where the City would provide a bridge loan in an amount not to exceed $500,000 with a 3.0% annual (simple) interest for a term of 18 years;

3. Recommend that City Council approve a revised combination based on the requests stated above; or

4. Refer the matter back to staff for additional information.

Staff recommends, Alternatives No. 1 and 2.

SUMMARY
The Applicant, 1850 HSA, LLC, submitted an application for a Regulatory Agreement and Declaration of Restrictive Covenants for the Ridge Apartments project. The Agreement would allow the Appficant to receive a $500 JOOO bridge loan from the City for a term of 18 years and in return, the Applicant will write-down the tenant rents for one of the existing income restricted affordable units from Very Low-Income (50% of AMI) to Extremely Low Income (30% of AMI), and all five affordable units shall be floating with bedroom mix adjustable according to each household size. The bridge loan would allow the Applicant to construct and stabilize the 66-unit apartment with affordable units and ensure the fiscal viability of the Project.

Prepared by: Eric Chen, Associate Planner
INDEX
Department of Environmental Services
Attachment A-Affordable Housing Agreement (with Declaration of Conditions) ........ , .. 7 Attachment B - Loan Agreement (with Deed of Trust and Promissory Note) ........ ,, ...... 37 Exhibit 1 -The Ridge Bridge Loan Request
Exhibit 2 -The Ridge Project Milestone
Exhibit 3 -The Ridge Amortization Loan Repayment Schedule Exhibit 4 - Resume: 1850 HSA, LLC
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REQUESTED BY AND WHEN
RECORDED MAIL TO:

CITY OF SIMI VALLEY
Attn: City Clerk
2929 Tapo Canyon Road
Simi Valley, CA 93063

ATTACHMENT A

SPACE ABOVE FOR RECORDER'S USE
ONLY
The Undersigned declares that this
document is recorded for the benefit of
the City of Simi Valley and therefore is
exempt from the payment of a recording
fee pursuant to Government Code
Section 6103 & 27383.

APNs: 632-0-050-355; 632-0-050-395;
632-0-140-300

CITY OF SIMI VALLEY

AFFORDABLE HOUSING AGREEMENT

THE RIDGE APARTMENTS
(1850 HSA, LLC)
The land referred to in this Affordable Housing Agreement (AHA-2023-0001) is situated in the City of Simi Valley, County of Ventura.State of California on a 1.65-acre portion of a parcel generally located at 1575 Erringer Road, more particularly described in attached Exhibit "A," which is incorporated by reference.

These Restrictions provide
rights to the City of Simi Valley in regulating the rental of the subject 66-unit apartment project, containing five affordable units, for a period of 55 years from the date of a final Certificate of Occupancy.

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AFFORDABLE HOUSING AGREEMENT

THE RIDGE APARTMENTS
1850 HSA, LLC
THIS AFFORDABLE HOUSING AGREEMENT (AHA-2023-0001) (Agreement") is entered into this day of 2024 among the City of Simi Valley, a general law city and municipal corporation (''City") and 1850 HSA, LLC, a California limited liability company ("Owner"). The City and Owner are collectively referred to as the "Parties." The Parties agree as follows:

1. RECITALS. This Agreement is made with reference to the following facts and circumstances:

A. The Project Site consists of approximately :I .65-acre portion of a property located in the City of Simi Valley, County of Ventura, State of California, as more particularly described in Exhibit "A," and incorporated by reference ("Project Site").

B. Owner received an approval for afl application to City, PD-S-2022-0015, on , 2024 ("Project Approvals") to develop a (:36-unit apartment project containing five affordable units ("Project") on the Project Site, under Re�olution No. 2024-0 C. City and Owner enter.ad into this Agreement to govern the five affordable set-aside units jn the Project.

D. City provided Owner with a 0.19-acre City-owned property as assistance toward the development of the Project in exchange for the affordable set-aside units.

E. The Parties agree that the 0.19-acre City-owned property reverts back to City should the Project not be developed pursuant to the entitlements issued by City to develop the Project.

E. Ci�y provided Owner a $500,000 loan from the Successor Housing Agency's Affordable Housing Incentives Account as described below ("City Loan Documents") to provide financial assistance toward the development of the Project in exchange for the affordable set-aside units.

F. City provided Owner density bonus, concessions and waivers toward the development of the Project pursuant to Government Code § 65915 (the "Density Bonus Law"). In return, Owner is r..estricting occupancy of five of the dwelling units comprised of three units that ar:e affordable to Very Low-Income Households at a rent that does not exceed 30% of fifty percent of the area median income adjusted for family size appropriate for the unit, and one unit that is affordable to Lower-Income Households at a rent that does not exceed 30% of eighty percent of the area median income adjusted for family size appropriate for the unit, and one unit that is affordable to Extremely Low-Income Households at a rent that does not exceed 30% of thirty percent of the area median income adjusted for family size appropriate for the unit.

2. DEFINITIONS. Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this Agreement:

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2.01 "AHU" or "Affordable Housing Unit" means each of the five units within the Project, unit size (to be determined) adjusted according to family size, which are reserved for rental to Qualified Tenants in accordance with the terms of this Agreement.

2.02 "Affordable Rent" means: for an Extremely Low-Income Household, a monthly rent that does not exceed 1112th of 30% of thirty percent of the Area Median Income. for a household size appropriate to the Unit; OR, for a Very Low-Income Household, a monthly rent that does not exceed 1112th of 30% of fifty percent of Area Median Income for a household size appropriate to the Unit; OR for a Lower-Income Ho,usehold, a monthly rent that does not exceed 1112th of 30% of eighty percent of the Area Median Income for a household size appropriate to the Unit. The maximum monthly rental amount of the Units must be adjustea annu�lly by the formula set forth above upon the promulgation of revised Area Median Income figures.

Actual rent charged may be less than such maximum rent.

2.03 "Area Median Income" or "AMI" means the annual median income, adjusted according to household size, for the County of Ventura, as m9st recently published and updated by the United States Department of Housing and Urban Development ("HUD") and as set forth in 25 California Code of Regulations § 6952, or any other comparable source City deems appropriate.

2.04 "Director'' means the Environmental Services Director of the City of Simi Valley.

2.05 "Extremely Low-Income Household" means persons and families whose incomes do not exceed the qualifying limits for extremely low-income families, in accordance wit� Health and Safety Code§ 50106.

2.06 "Gross Income"· means all payments from all sources received 'by a person (together with the gross income of all persons of the age of 18 years or older who intend to reside with such person in one residential unit), whether in cash or in kind as calculated pursuant to HUD Regulations in effect as of the Date of this Agreement.

2.07 "HUD" means. the U.S. Department of Housing and Urban Development or any sucqessor agency.

2.08 "Income Limit Schedule" means the Schedule of Income Limits for the County of Ventura most recently published and updated by HUD and as set forth in 25 California Code of Regulations § 6952 including the Extremely Low-Income and Very Low-Income and Lower-Income Limits for Ventura County, adjusted by household size.

2.09 "Initial Rent" means the amount charged to a Qualified Tenant for first occupancy of an AHU immediately after the Certificate of Occupancy or equivalent is issued for the Project.

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3. 2.10 "Initial Rent Date" means the first occupancy date of an AHU by a Qualified Tenant immediately following the issuance of a Certificate of Occupancy or equivalent for the Project.

2.11 "Initial Tenant Costs" means all deposits and fees, exclusive of the first month's rent, charged to a Qualified Tenant before occupying an AHU.

2.12 "Lower-Income Household" means persons and families whose incomes do not exceed the qualifying limits for lower-income families, in accordance with Health and Safety Code §50079.5.
. .

2.13 "Manager" means that person (or persons) who resides within the Project and has been hired by Owner to provide on-site management duties.

2.14 "Protected Property" means the 0.19-aCFE;!·· City-owned property that City transferred to Owner via Instrument No. XXX, dated XXX, 2024, for Owner to complete the Project.

2.15 "Qualified Tenant" means a renter household or rental applicant household who meets the income criteria herein for elig_ibility as Extremely Low-Income or Very Low-Income or Lower-Income Household at the time of the initial tenancy (i.e., the date of initial occupanGy as evidenced by execution by the tenant household of the initial Lease or Rental Agreement with the Owner).

2.16 "Restricted Rental Rate1
' means a rental payment regulated by the terms of
this Agreement

2.17 "Very Low.-lncome Household" means persons and families whose incomes do not exceed th� qualifying limits for very low-income families, in accordar,,c;:e with Health and Safety Code §50105.

DESIGNATION OF .AFFORDABLE HOUSING UNITS; REGULA TORY

INCENTIVES

3.01 Designation of AHUs. In exchange for density bonus, a concession and waivers under. the Density Bonus Law, Owner agrees that at all times during the term of this Agreement, the AH Us be occupied exclusively by Qualified Tenants at th� restricted rents identified in Paragraphs 7 and 7.03 (the "AHUs").

3.02 Incentives and Waivers. Owner acknowledges receipt of density bonus, and at least one additional concession or incentive under the. Density Bonus Law in exchange for Owner's agreement to restrict the rents of the AHUs. The City agrees to provide a 13% Density Bonus (total 8 units) in exchange to set aside one affordable units for Lower-Income households, three affordable units for Very Low-Income households, and one affordable unit for Extremely Low-Income, pursuant to Government Code Section 65915(d)(2)(C) - the State Density Bonus Law. City also granted the following concession ("Concession") pursuant to Government Code § 65915(d)(1) and the Simi Valley Municipal Code ("SVMC"):

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• To increase the number of stories allowed by SVMC Section 9-

24.050 from three (3) stories to four (4) stories as set forth by Government Code§ 65915(d)(1)
City also granted, the following waivers ("Waivers") pursuant to Government Code§ 65915(e)(1), (k)(1), and the SVMC:
• To increase the maximum building height allowed by SVMC Section 9-24.050 from 40 feet to 55 feet as set forth by Government Code Section 65915(e)(1 ).
• To reduce the number of optional sta!')Qgrds required by SVMC 9-

24.060 (0)(1) from seven (7) optional0s.tandards to six (6) as set forth by Government Code 65915(e)(1). ·· ··
• To decrease the additional fcoht yard setback fQr buildings over 15' required by SVMC Section fl.,.24.050 from 58' to 401 6" as set forth by Government Code§ 659-15(e)(1).
• To increase the maximum allowed walking distance from the apartment entry door to the trash. enclosure required by SVMC 9-

35. 050(0)( 1) as· setfo,:th by Gover@ment Code Section 65915(e)(1) • To increase the maximum allowed wa(king distance from tenant parking to the apartment entry door required by SVMC § 9-34.040(E) as �et forth by Government Code Section 65915(e)(1)

3.03 City .Loan. Provided that all Project Entitlements are approved by City, City loans to Qeveloper $500,000 loan pursuant to the City Loan Documents that will reflect ij repayment p�ri9d of 18 years at 3% (simple) annual interest rate. Interest only payments are due on the City Loan until the end of the initial three years of construction period and residential stabilization (the "Construction Period"). After the Construction Period concludes, the Owner must make monthly p�yments of principal and interest in an amount to cause the City. Loan to be fully repaid at the end of the City Loan term. The City Loan must be subordinated to the initial construction and permanent period financing obtained by the Owner in connection with the acquisition, cortstruction and financing of the Project.

4. TERM

4.02 Restricted Rental Period. City and Owner agree that the Restricted Rental Period commences on the Initial Rent Date for the first unit rented under H/8 05-25{cd)
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this Agreement and terminates 55 years after the Building Official issues a final Certificate of Occupancy or equivalent for the Project.

5. TIME CONSTRAINTS

5.01 Maintenance of Entitlements. Owner must maintain compliance with PD-S- 2022-0015 including extensions and/or modifications. Any violation of PD S-2022-0015 may result in the City declaring this Agreement null and void.

5.03 Rent Up. The Owner agrees to rent at lec!st..five AHUs to Qualified Tenants within six months thereafter receiving-� Certificate of Occupancy for any of the units in the Project.

6. POTENTIAL REVERSION OF CITY-OWNED LOT

6.01 City will transfer to Owner City's Property as,set forth in Instrument No. XXX, dated XXX, 2024 ("Protected Prop.erty"), as assistance toward the development of the Proje'ct in exchange for the affordable set-aside units.

In the event of any conflict b�tween this Agreement and Instrument No.

XXX, this Agreement will control.

6.02 Should the Project not be developed or maintained pursuant to City's approvals and th� terms of this Agreement or any associated transfer doc�ments, by the Owner or its successors or assigns then, upon City giving Owner at le�st 45 days advance written notice thereof of City's intention to exer,cise. its .powers and rights herein and providing City an opportunity t9 meet and confer with the City Manager and any agreed upon period of time to cure, City has the absolute, immediate and unconditional right and power to terminate all of Owner's (and anyone claiming by or though Owner, or it�: �uccessors or assigns) rights, title, estate and interest in the Protected Property (including any improvements and alterations thereto made by or for Owner or its successors or assigns), to reenter and repossess the Protected Property (including any improvements and alterations thereto made by or for Owner or its successors or assigns), to revoke the Quitclaim Deed for the Protected Property, to revest the City of Simi Valley with the fee title interest conveyed by the Quitclaim Deed, and to enforce the Deed Covenant (Power of Termination) free and clear of any and all rights, title, estate, and interest in the Protected Property (including any improvements and alterations thereto made by or for Owner or its successors or assigns) of Owner (and anyone claiming by or though Owner, or its successors or assigns}, and free and clear of all security interests, liens, encumbrances,. and deeds of trust related to or affecting the Protected Property (including any improvements and alterations thereto made by or for Owner or its successors or assigns), and in any event With no payment or compensation for the value of the Protected Property (including any improvements and alterations thereto made by or for Owner or its H/8 05-25(cd)
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successors or assigns), or reimbursement or refund to Owner or anyone else for the funds used to purchase the Protected Property (including any improvements and alterations thereto made by or for Owner.

6.03 This restriction will continue for 30 years pursuant to Civil Code§ 885.030,. known as the Marketable Title Act, which provides that a power of termination expires 30 years after the date the instrument reserving, transferring, or otherwise evidencing the power of termination is recorded. Nothing prevents City from extending the power of termination in accordance with applicable law.

7. RENTS

7.01 Initial Rents. The initial gross rent for eacb AHU in,the Project (the "Initial Rents") must conform with the allowable "Affordabl� Rent" for Extremely Low-Income, Very Low-Income, or Lower-Income Households, as defined in Health and Safety Code § 50053. For Extremely Low-Income Households, the Initial Rent must be the product of 30% times thirty percent of the Area Median Income for Ventura Cour.uy adjusted for household size appropriate for the unit, or for Very·low�lncome Households, the Initial Rent must be the product of 30% times fifty percent of the Area Median Income for Ventura County adjust�d for household size appropriate for the unit, or for Lower-Income Household�. the Initial Rent must be the product of 30% times eighty percent of the Area Nfedian Income for Ventura County adjusted for household site appropriate fqr the uhit, or if the household is a Section 8 voucher holder, the Fair Market Rent as qualified by Section 8 program with the tenant pmiion of the rent not exceeding 30% of the household income. Jnitial Rerit must be adjusted by the utility allowance establi�hed by the Area Housing Authority of the County of Ventura, except as provided in Par.agraph 7.03 of this Agreement.

7.02 Security Deposits. Total deposits including security deposits and any other initial costs required of the Qualified Tenant occupying an AHU, other than the first month's rent, cannot exceed the tenant portion of one month's gross rent (without deduction of utility allowance) as determined under Paragraphs 7 .01 or 7 .03. If the security deposit exceeds $500, upon request of the Qualified Tenant, s/he is allowed to pay the deposit in three equal monthly installments which is due, together with the monthly rent upon execution of the rental agreement, and on the rent due date of the following two months of occupancy of the AHU. Monthly installments are credited to tenant's security account. The security deposit cannot be increased as long as the tenant resides in the same unit.

7. 03 Rent Adjustments.

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(a) 11Adjustment Date" means 90 days after HCD issues updated AMI limits, but in any event, not more fr,equently than annually as long as this Agreement remains in effect
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(b) On each Adjustment Date, the annual rent increase for each of the AH Us is limited to not more than the lesser of the following:
i. 5%; or
ii. The percentage increase in the Median Income Limit
for Ventura County.
(c) Notwithstanding Subparagraph (b), in no event may the tenant portion of the rent for any Extremely Low-Income Affordable Housing Unit exceed 30% of thirty percent of the Area Median Income amount, adjusted for household size as established by the California Department Housing and Community Development, whichever is lower; and in no event may the tem�_nt portion of the rent for any Very Low-Income Affordable Housing Unit exceed 30% of fifty percent of the Area Median Income amou
i
1t, adjusted for �ousehold size as
established by the California Department of Housing and Community Development, whichever i�: 'lower; and in no event may the tenant portion of the rent for an.y. Lower-lncon:ie Affordable tiousing Unit exceed thirty 30% of eigtify percent of the Area Median Income amount, adjusted for household size as established by the California Department of Housing and Corhniunity Development, whichever is lower.

8. METHOD OF RENTAL

8.01 Classification. Any unit occupied by a Qualified Tenant as determined per Paragraph 9.01 is considered to have satisfied the occupancy requirements set forth above; therefore, must be subject to the Affordable Rent restrictions provid�d in this Agreement and must continue to satisfy such requirements if the tenant is recertified as a Qualified Tenant in accordance With Paragraph 9.02.

9. DETERMINATION OF TENANT ELIGIBILITY

"Supporting Documentation"). Additionally, Owner must obtain written certification of the anticipated income of all non-minor members of the tenant household for the 12-month period following the date of determination of income. Also, Owner must complete and provide to the City an Affordable Housing Program Tenant Certification, Exhibit "B," before use and City reasonably approves such use. Each AHU rented to a Qualified Tenant must be occupied by that household. Further, any AHU cannot be occupied by the Manager, and the Manager's unit cannot be designated as an AHU.
9,02 Tenant Recertification. Tenant Recertification means the Owners annual verification of a Qualified Tenant's income conducted in accordance with Paragraph 9.01. At least 60 days before each Adjustment Date, Owner must provide written notice to AHU occupants to �omplete an Affordable Housing Program Tenant Recertification, Exhibit "C," and to provide supporting income verification documentation to .the Owner before the Adjustment Date. In the event that the tenant fails to provide proof of iocome to Owner on or before the Adjustment Dat�. such tenant is deemed to have committed a material breach of the Lease Agreement and the Lease Agreement must provide that such breach is cause for termination of tenancy. Owner cannot renew the tenant's lease without such proof of income. Subject to the limitations of State and Federal law, no tenant residing in an AHU can be denied continued occup�ncy·, solely because their household income has increased such that it exceeds the limits for Extremely Low-Income or Very Low-Income or Lower-Income Household for Ventura County, adjusted for household size pursuant to Paragraph 2.07. Owner must keep copies of all AHU Tenant Recertification forms on file and make them available to City upon request

9.03 Change In Household Composition/Income. Owner is responsible for, in accordance with the provisions of the HUD Multifamily Occupancy Handbook 4350.3 Chapter 7, annual recertification, interim recertification (change in household composition), unit transfers, and gross rent changes.

10. OUTREACH PROGRAM

10.01 Outreach and Affordable/Affirmative Marketing Program. Owner must submit for approval a detailed Outreach and Affordable/Affirmative Marketing Program (the "marketing program'\ which includes, without limitation, advertising, publicity and promotion, to the Director not less than 120 days before the projected completion of the Project. Owner may not commence marketing efforts of the AHUs as part of its overall Marketing Program for the Project, before the Director approves the Outreach and Affordable/Affirmative Marketing Program by the City, which approval should not be unreasonably withheld or delayed. The purpose of the Outreach and Affordable/Affirmative Marketing Program is to solicit and obtain Qualified Tenants for occupancy of all AHUs, to establish a waiting list for units that may become available and to affirmatively further fair housing goals by designing a program that attracts prospective Qualifying Tenants of all majority and minority groups in the housing market area H/8 05-25(cd)
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regardless of race, creed, color, religion, sex, national origin, marital status, status with regard to receipt of public assistance, or disability. The Affirmative Marketing Program should assure that any persons normally not likely to apply for the AH Us without special outreach efforts, know about the availability of the AHUs, feel welcome to apply and have the opportunity to rent an AHU. The marketing program must begin before the occupancy of any apartment units within the Project and must include the following:
(a)
(b)
(c)
(d)
(e)
(f)
A print media schedule as shown on attached Exhibit "D," which is incorporated by reference, to be published in a newspaper of City wide or regional circulation;
Noticing and listing the Project throughout the life of this Agreement with the Area Housing Authority of· Ve11t_ura County, the Senior Center, City Hall, Simi Valley Publtb Library, c;tf"!:d, as appropriate for market conditions, the Simi Valley-Moorpark Assop/ation of Realtors, Simi Valley faith community, and such other simil'c\t agencies as the Director may designate;
Notifying all persons on the Owner's waiting list for affordable rental housing;
Establishment of a telephone number for the Project with message capabilities to receive inquiries on vacant units, including the AHUs throughout the life of this Agreement;
Continuous display of tbe fair housing logo in the rental office and in advertising;
Budget to adequately fund the reasonably necessary expenses of the foregoing.

Simi Valley City CouncilJune 24, 2024

Simi Valley City Council
June 24, 2024