SecondreadingOrd1353(klk)
CITY OF SIMI VALLEY
MEMORANDUM
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uly 22, 2024
TO
: City Council
F
ROM: Department of Environmental Services
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UBJECT: SECOND READING OF ORDINANCE NO. 1357 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
STAFF RECOMMENDATION
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t is recommended that Ordinance No. 1357 be adopted.
BACKGROUND
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he attached Ordinance No. 1357 was introduced for first reading at the City Council meeting of June 24, 2024, without modifications.
SUGGESTED CITY COUNCIL MOTION
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move to adopt Ordinance No. 1357.
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_______________________________
Lucy Blanco, CMC
City Clerk
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NDEX Page
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rdinance No. 1357 ............................................................................. 2 AGENDA ITEM NO.
8A
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ORDINANCE NO. 1357
A
N 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
W
HEREAS, pursuant to the provisions 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 legal 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.
W
HEREAS, 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.
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HEREAS, 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”).
W
HEREAS, the City completed its review and scheduled a public hearing regarding the proposed Project before the City Council on June 24, 2024. Notice of the public hearing on the proposed Project was posted as required by the SVMC.
WHE
REAS, on June 24, 2024, the City Council conducted a public hearing to consider the Project including, without limitation, this Ordinance.
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HEREAS, 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.
NO
W, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES ORDAIN AS FOLLOWS:
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ECTION 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.
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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 .
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CTION 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 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.
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CTION 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.
SECTIO
N 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 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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CTION 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.
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CTION 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.
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CTION 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.
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CTION 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 o f 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. 3 ORD. NO. 1357
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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 22
nd day of July 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 Samantha C. Argabrite, City Manager
Stratis Perros
Environmental Services Director
4 ORD. NO. 1357
EXHIBIT A
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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 SA ID 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)
5 ORD. NO. 1357
EXHIBIT B
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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
6 ORD. NO. 1357