NashatMshaielIslamicSocietyCCmtg8-19-24(klk)
CITY OF SIMI VALLEY
MEMORANDUM
A
ugust 19, 2024
TO
: City Council
F
ROM: Department of Environmental Services
S
UBJECT: A PUBLIC HEARING TO CONSIDER A REQUEST FROM NASHAT
MSHAIEL OF THE ISLAMIC SOCIETY OF SIMI VALLEY FOR A
GENERAL PLAN AMENDMENT (GPA- 2021-0002) TO CHANGE THE
LAND USE DESIGNATION FROM NEIGHBORHOOD PARK TO
GENERAL COMMERCIAL; A ZONE CHANGE (Z -S-2021-0007) FRO M
RESIDENTIAL MEDIUM DENSITY (RM) TO COMMERCIAL PLANNED
DEVELOPMENT (CPD); AND A CONDITIONAL USE PERMIT
MODIFICATION (CUP-S-400 MOD #1) FOR THE CONSTRUCTION OF A
TWO-STORY RELIGIOUS INSTITUTION FOR A PROPERTY LOCATED
AT 4343 TOWNSHIP AVENUE; A ZONE TEXT AM ENDMENT (Z-S-2024- 0001) TO MODIFY SETBACK STANDARDS AND LANDSCAPE
BUFFERS; A DETERMINATION THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; INTRODUCTION
OF AN ORDINANCE AND ADOPTION OF A RESOLUTION
RECOMMENDATION
T
he Planning Commission recommends the City Council adopt Resolution No. 2024 -35 (page 11) approving General Plan Amendment No. GPA-2021-0002 and Conditional Use Permit Modification No. CUP -S-400 MOD #1; introduce Ordinance No. 1359 (page 29) approving Zone Change No. Z-S-2021-0007 and Zone Text Amendment No. Z -S-2024- 0001; and make a determination the project is exempt from the California Environmental Quality Act.
BACKGROUND AND OVERVIEW
T
he Applicant, Nashat Mshaiel of the Islamic Society of Simi Valley , requests approval to construct a two- story religious facility on a 0.64 acre site located at 4343 Township Avenue. The project actions include a General Plan Amendment change to the Land Use designation of the project site from Neighborhood Park to General Commercial, a Zone Change from Residential Medium (RM) to Commercial Planned Development (CPD), a Modification to an existing Conditional Use Permit to demolish the existing religious facility building and redevelop the site; and a Zone Text Amendment to exempt the project from portions of Title 9 of the Simi Valley Municipal Code relating to modifications of setbacks between commercially zoned lots and public park uses.
O
n May 22, 2024, the Planning Commission held a public hearing and recommended that the City Council approve the General Plan Amendment, Zone Change, the Conditional Use Permit Modification, and the Zone Text Amendment by a 4-0 vote.
AGENDA ITEM NO.
5A
NashatMshaielIslamicSocietyCCmtg8-19-24(klk)
The existing single -story 3,055- square-foot building was permitted and constructed in 1966. A Conditional Use Permit (CUP-S-400) was approved on February 5, 1992, by the Planning Commission for the use of the existing 2,720- square-foot building and parking lot as a religious facility. The building contained a 1,380 -square-foot prayer hall, a 480 - square-foot lobby, and additional offices. The Islamic Society of Simi Valley has owned the site since 2012.
The lot’s current Land Use designation is inconsistent with its zoning as detailed in Table LU-1 (Page 47 of Chapter 3 of the General Plan) and shown below in Figure 1. The only compatible zoning district with the Neighborhood Park General Plan designation is a park zoning district. The City does not currently have a park zoning district.
Figure 1 – Table LU-1: General Plan/Zoning Consistency Matrix
The Neighborhood Park General Plan L and Use designation is intended to meet the needs of residents and visitors for open areas active or passive recreation and typically range in size from six to ten acres
. The RM zoning district is intended to provide for a
suburban single-family residential environment with a density from 3.6 to 5.0 units per acre.
The site however is less than an acre in size, has never served as a park, and has been
developed with a building and parking lot since 1966 as shown in Figur e 2, which is an aerial image of the site from 1970.
In effect, the project site cannot be utilized as a park due to the small size of the lot, nor can the site be used for a residential use due to the underlying General Plan l and use designation. The physical location and the existing building on the site makes it unsuitable for a suburban single-family use.
2 NashatMshaielIslamicSocietyCCmtg8-19-24(klk)
Figure 2 – Historical Aerial from 1970 (Source: UCSB Library)
FINDINGS AND ALTERNATIVES
The project requests are further described below:
General Plan Amendment/Zone Change (GPA-2021-0002/Z-S-2021-0002)
The Applicant is applying for an amendment to the General Plan’s Land Use designation of the subject property from Neighborhood Park to General Commercial (Figure 3).
Figure 3 – Land Use designation change
3 NashatMshaielIslamicSocietyCCmtg8-19-24(klk)
This would allow the property’s zoning to be changed from Residential Medium (RM) to Commercial Planned Development (CPD). The CPD zoning district is intended to encourage the development of attractive, innovative, and efficient commercial sites containing a broad range of retail, office, and service commercial uses. Religious facilities are permitted in the CPD Zoning District with the approval of a Conditional Use Permit.
Table 1 shows the site’s existing and proposed Land Use designation, zoning and use, and the same for the surrounding areas.
Table 1- Surrounding Zoning and Land Uses
GENERAL
PLAN
ZONING CURRENT
LAND USE
Subject Site: Existing:
Neighborhood
Park
Proposed:
General
Commercial
Existing:
Residential Medium
(RM)
Proposed:
Commercial Planned
Development (CPD)
Religious Facility
East: General
Commercial
Commercial Planned
Development (CPD)
El Patio Plaza –
Commercial uses
West: Neighborhood
Park
Residential Medium
(RM)
Houghton
Schreiber Park
North: Neighborhood
Park
Residential Medium
(RM)
Houghton
Schreiber Park
South: Residential
Medium Density
(3.6-5.0 du/ac)
Residential Medium
(RM)
Township
Avenue/Single
Family
Residences
beyond
The General Plan Amendment and Zone C hange would allow the property to utilize its front and side yards for parking, which is currently prohibited under the RM zoning.
The proposed General Plan Amendment and Zone Change would ensure consistency between the General Plan L and Use designation and zoning for the site itself and consistency with the adjacent commercial lot to the east . The General Commercial General Plan Land Use designation and Commercial Planned Development (CPD) zoning are the nearest adjacent land use and zoning to the project site that would be appropriate for the site.
Conditional Use Permit Modification (CUP-S-400 MOD #1)
The proposed Conditional Use Permit Modification would permit the Applicant to demolish the existing building and construct a two -story, 6,780-square-foot building. The aging building would be replaced with new facilities to ensure the religious facility can continue to serve the community while ensuring the building is compatibly designed with the neighborhood and the safety of adjoining uses. The proposed building will have the following components:
4 NashatMshaielIslamicSocietyCCmtg8-19-24(klk)
- 1,470 square feet main prayer hall and 510 square foot reception area; - 1,935 square feet of restrooms, kitchen, office, and a library; - A 665 square foot entry lobby; and
- 2,200 square feet of classrooms for religious instruction and offices.
The proposed project requires 42 parking spaces as one space will be required for every 35 square feet of assembly area (Simi Valley Municipal Code § 9-34.060 - Parking Space Requirements). The 0.64-acre parking lot will be reconfigured as part of the project and landscaping will be added to the site. A total of 43 parking spaces will be provided and
14.9 percent of the site will be landscaped (Figure 4).
Figure 4 – Site/Landscape Plan
The building will be composed of fiber cement panels and smooth plaster in “Champagne and Topaz” colors with metal grill pattern accents, “Champagne Bronze” window and door frames, and “PPG Atlantica Glass” windows and arches (Figure 5). The building will have a dome on the east side of the building along with an attached decorative minaret. There is no amplified sound system associated with the minaret and it is purely decorative.
These will be 35 feet high. The remainder of the building will range from 21 to 28 feet in height and incorporates a single-story element on the east side with a two-story element on the west side of the building.
5 NashatMshaielIslamicSocietyCCmtg8-19-24(klk)
The religious facility will be open daily for the five Islamic prayer times during the morning, afternoon, and evening. The classrooms will be open from 3: 00 pm to 5:00 pm Monday through Friday and from 10:00 am to 5:00 pm on Saturday and Sunday.
Figure 5 – Rendering of building facing Township Avenue
Refer to Exhibit 1 for the Planning Commission Staff Report with additional project details, including consistency with the Simi Valley Development Code; Resolution with findings and reduced project exhibits.
Zone Text Amendment (Z-S-2024-0001)
The Applicant is requesting a Text Amendment for portions of Title 9 of the Simi Valley Municipal Code (SMVC) , which apply to the site relating to modifications of setbacks between commercially zoned lots and public park uses. This would allow the Applicant to utilize the existing building footprint from the original approval with an associated cost savings. The Applicant is also proposing a phased construction to allow the community to use a portion of the building while construction is going on.
The requested modifications are SMVC Sections 9- 26.040 - Commercial and Industr ial District General Development Standards, Table 2- 6 and 9- 33.030 - Landscape Requirements as detailed in Exhibit D. The proposed amendment would eliminate the need for a 10-foot landscape buffer and a side yard setback on commercial/industrial lots when located next to a public park use. The requested Text Amendment would still keep
in place these buffer requirements when the adjacent use is residential.
6 NashatMshaielIslamicSocietyCCmtg8-19-24(klk)
Traffic
A trip generation memorandum was prepared for the project by K2 Traffic Engineering, Inc. on September 15, 2023 and is included in Exhibit 1. Following concerns raised at the City Council’s General Plan pre -screening hearing, the Applicant conducted 24- hour traffic counts on surrounding residential streets (Arlington Avenue, Springfield Street and Divernon Avenue).
The average 24-hour period traffic counts for the residential streets were 300 vehicles per day. The design capacity for this type of street is 5,000 vehicles per day. During the most recent biennial traffic count conducted by City Staff in 2022, an average of 1,600 average daily traffic (ADT) was observed on Township Avenue. Township Avenue is a collector street with an operating capacity of 8,000 vehicles per day. All streets around the proposed projects are operating at a Level of Service A and well below capacity.
As directed by the City Traffic Engineer, the trip generation memorandum analyzed three similar religious facilities in Newbury Park, North Hills, and Carson in comparison to the subject property to develop a trip generation rate to assess the impacts of the project.
The memorandum indicated that the proposed project is anticipated to have a net trip generation of 24 trips in the PM peak hour and 237 total daily trips with a low and negligible AM peak hour generation.
The City’s Traffic Engineer reviewed the trip generation memorandum and has determined that the existing roadway improvements are adequate for the proposed project’s traffic generation.
Staff investigated the number of traffic incidents on Township Avenue between Tapo Street and Tapo Canyon Road from 2015 through to 2023 and two collisions were found to have occurred on this stretch in nine years:
• A collision between a bicyclist and a vehicle on June 7, 2015, due to a right-of-way violation, which resulted in injury to the cyclist; and • A collision involving two vehicles on May 19, 2019, due to improper turning and resulting in no injuries.
The following alternatives are available to the City Council:
1. Adopt Resolution No. 2024 -35 approving General Plan Am endment No. GPA - 2021-0002; and Conditional Use Permit Modification No. CUP-S-400 MOD #1; and a determination the project is exempt from the California Environmental Quality Act;
2. Introduce Ordinance No. 1359 approving the Zone Change No. Z-S-2021-0007 and Zone Text Amendment No. Z-S-2024-0001; and a determination the project is exempt from the California Environmental Quality Act;
3. Do not approve the project;
4. Provide Staff with other direction.
7 NashatMshaielIslamicSocietyCCmtg8-19-24(klk)
The Planning Commission recommends Alternative Nos. 1 and 2.
SUGGESTED CITY COUNCIL MOTION
I move to adopt Resolution No. 2024-35 approving General Plan Amendment No. GPA- 2021-0002 and Conditional Use Permit Modification No. CUP -S-400 MOD #1 ; adopt Ordinance No. 1359 approving Zone Change No. Z-S-2021-0007 and Zone Text Amendment No. Z-S-2024-0001; and a determination the project is exempt from the California Environmental Quality Act.
SUMMARY
The Applicant, Nashat Mshaiel of the Islamic Society of Simi Valley, requests approval to construct a two -story relig ious facility on a 0.64 acre site located at 4343 Township Avenue. The project actions include a General Plan Amendment change the Land Use designation of the project site from Neighborhood Park to General Commercial, a Zone Change from Residential Medium (RM) to Commercial Planned Development (CPD), a Modification to an existing Conditional Use Permit to demolish the existing religious facility building and redevelop the site; and a Zone Text Amendment to exempt the project from portions of Title 9 of the Simi Valley Municipal Code relating to modifications of setbacks between commercially zoned lots and public park uses. The Planning Commission recommends the City Council approve General Plan Amendment No. GPA -2021-0002 and Conditional Use Permit Modifi cation No. CUP -S-400 MOD #1; and introduce an ordinance adopting Zone Change No. Z-S-2021-0007 and Zone Text Amendment No. Z- S-2024-0001 and make a determination the project is exempt from the California Environmental Quality Act.
____________________________________
Stratis Perros
Environmental Services Director
Prepared by: Naren Gunasekera, Principal Planner
INDEX Page
Public Hearing Procedure .............................................................................................. 9 Resolution No. 2024-35 for GPA-2021-0002 and CUP-S-400 Mod #1 ......................... 11 Exhibit A: Legal Description .................................................................................... 13 Exhibit B: Proposed General Plan Amendment ....................................................... 14 Exhibit C: Conditions of Approval for CUP-S-400 MOD #1 ..................................... 15 Ordinance No. 1359 for Z-S-2021-0007 and Z-S-2024-0001 ........................................ 29 Exhibit A: Legal Description ..................................................................................... 32 Exhibit B: Proposed Zone Change ........................................................................... 33 Exhibit C: Proposed Zone Text Amendments .......................................................... 34 Attachment A: Notice of Exemption ............................................................................... 36 Exhibit 1 - May 22, 2024 Planning Commission Staff Report, Supplemental Staff Report, R esolution and Approved Minutes .......................................................................... 45
8 NashatMshaielIslamicSocietyCCmtg8-19-24(klk)
PUBLIC HEARING PROCEDURE
HE
ARING DATE: August 19, 2024
1. CI
TY CLERK: This is the time and place set for a public hearing to consider General Plan Amendment (GPA -2021-0002) to change the
Land Use designation from Neighborhood Park to General
Commercial; a Zone Change (Z -S-2021-0007) from
Residential Medium Density (RM) to Commercial Planned
Development (CPD); and a Conditional Use Permi t
Modification (CUP-S-400 MOD #1) for the construction of a two-story religious institution for a property located at 4343 Township Avenue; a Zone Text Amendment (Z -S-2024-
0001) to modify setback standards and landscape buffers; a determination that the project is exempt from the California Environmental Quality Act; introduction of an ordinance and adoption of a r esolution. (Read by City Clerk including reading of Resolution AND/OR Ordinance if applicable)
2. M
AYOR: Before we begin, are there any ex parte communications to report?
3. A
NY COUNCIL
MEMBER: (Report)
4. M
AYOR: Staff may begin with the oral report on this matter.
5. S
TAFF: (Report)
6. M
AYOR: Any questions of staff from City Council Members? (Questions of staff and staff response)
7. M
AYOR: 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. A
UDIENCE: Public Testimony and Comments
9. M
AYOR: Does staff desire to respond to any comments or issues raised?
10. S
TAFF: (Response to comments and ad ditional City Council questions)
11. M
AYOR: Does the applicant desire any rebuttal?
12. APPL
ICANT: (Rebuttal)
13. M
AYOR: The hearing is now closed.
9 NashatMshaielIslamicSocietyCCmtg8-19-24(klk)
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.)
15. MAYOR: I will now entertain a motion.
16. ANY COUNCIL
MEMBER : City Council Actions (by motion of any Council Member):
1) Approve, modify, or deny the findings in the staff report and staff recommendation (requires a second and a vote);
2) Adopt, modify, or not adopt Resolution No. 2024-35 for General Plan Amendment No. GPA -2021-0002 and
Conditional Use Permit Modification No. CUP-S-400 MOD
#1 (requires a second and a vote; requires reading of
resolution);
3) Introduce, modify, or not introduce Ordinance No. 1359 for Zone Change No. Z-S-2021-0007 and Zone Text
Amendment No. Z-S-2024-0001 ( does not
require a
second or a vote; requires reading of ordinance);
* Any action to refer the matter back to staff or to continue the matter requires a second and a vote.
17. ANY COUNCIL
MEMBER : Second
18. MAYOR
: (Call for vote)
19. MAYOR
: Proceed to the next item.
10 NashatMshaielIslamicSocietyCCmtg8-19-24(klk)
RESOLUTION NO. 2024-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SIMI VALLEY APPROVING GENERAL PLAN NO. GPA-
2021-0002 AND CONDI TIONAL USE PERMIT
MODIFICATION NO. CUP-S-400 MOD #1, TO CONSTRUCT
A TWO -STORY RELIGIOUS INSTITUTION ; AND A
DETERMINATION THAT THE PROJECT IS EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the applicant, Nashat Mshaiel of the Islamic Society of Simi Valley, has requested approval of approval of a General Plan Amendment ( GPA-2021- 0002) to change the Land Use designation from Neighborhood Park to General Commercial; and a Modification to an existing Conditional Use Permit (CUP-S-400 MOD #1) to construct a two -story religious institution on a 0.64- acre site located at 4343 Township Avenue, known as Ventura County Assessor Parcel No. 614-0-030-325 and by the legal description attached hereto as Exhibit A; and a determination that the project is exempt from the California Environmental Quality Act.
WHEREAS, on May 22, 2024, the Planning Commission of the City of Simi Valley reviewed the proposed changes at a public hearing and recommended that the City Council approve GPA-2021-0002 and CUP-S-400 MOD#1; and
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, on August 19, 2024, the City Council conducted a public hearing to consider the evidence and public testimony on the project.
WHEREAS, this Resolution, and its findings, are based upon the entire administrative record considered during the August 19, 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 General Plan Amendment No. GPA -2021- 0002 and Conditional Use Modification No. CUP-S-400 MOD # 1, contained in the Planning Commission Staff Report dated May 22, 2024, and incorporated herein by reference, and hereby adopted.
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 15303 “New Construction or Conversion of Small 11 NashatMshaielIslamicSocietyCCmtg8-19-24(klk)
Structures.” Therefore, the Director determined the project i s 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. General Plan Amendment No. GPA-2021-0002 amending the General Plan’s Land Use designation of the 0.64-acre subject property from Neighborhood Park to General Commercial, as contained in Exhibit B, attached hereto is hereby approved.
SECTION 4. Conditional Use Modification No. CUP -S-400 MOD #1 is hereby approved, subject to compliance with all the conditions contained in Exhibit C , attached hereto.
SECTION 5. The time within which judicial review must be sought for administrative decisions is governed by California Code of Civil Procedure Sec tion 1094.6.
SECTION 6
. 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 19th day of August 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
12 RES. NO. 2024-35
EXHIBIT A
NashatMshaielIslamicSocietyCCmtg8-19-24(klk)
LEGAL DESCRIPTION
All that certain real property situated in the County of Ventura, State of California, described as follows:
The Southerly 200 feet of the Westerly 145 feet of the Easterly 445 feet of Lot 119, Subdivision No. 5 of the Tapo Ranch, in the City of Simi Valley, County of Ventura, State of California, as per map recorded in Book 8, Page 37 of Maps, in the Office of the County Recorder of said County.
APN: 614-0-030-325
13 RES. NO. 2024-35
EXHIBIT B
NashatMshaielIslamicSocietyCCmtg8-19-24(klk)
General Plan Amendment No. GPA-2021-0002, to change the General Plan Land Use Map from Neighborhood Park to General Commercial for APN 614-0-030-325.
14 RES. NO. 2024-35
EXHIBIT C
CASE NO.: CUP-S-400, Mod-1 (Ref:/GPA-2021-0002/Z-S-2021-0007/Z-S-2024-0001) APPLICANT: Nashat Mshaiel
NashatMshaielIslamicSocietyCCmtg8-19-24(klk)
PROJECT PERMIT CONDITIONS
The conditions marked with an asterisk (*) are Special Conditions applicable specifically to this permit. In the event of a conflict between a Standard Condition and a Special Condition, the Special Condition will take precedence. 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. “Perm ittee” or "Applicant" or "Developer" or "Owner" as used in these conditions means all Applicant s, 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-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 Sheet A-0 – Vicinity Map, Code, DWG Index; Sheet A -1 – Existing Plan; Sheet A-2 – Demolition Plan; Sheet A-3 – Site Plan; Sheet L-1 – Landscape Design Plan; Sheet A -4 – Ground Floor Plan; Sheet A -5 – Second Floor Plan; Sheet A-6 – Roof Plan; Sheet A-6.1 – Details – Roof Hatch/Ladder & Trash Enclosure; Sheet A-7 – North Elevation; Sheet A-8 – South Elevation; Sheet A-9 – East Elevation; Sheet A -10 – West Elevation; Sheet A -11 – Sections; Sheet A-12 – Visuals; Sheet A-13 – Materials; Grading Plan Sheet 5 of 11 – Fine Grading; dated March 20, 2023.
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 Simi Valley Municipal Code (“SVMC”).
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 the California Environmental Quality Act, Public Resources Code § 21000, et seq., for the 15 RES. NO. 2024-35
CASE NO.: CUP-S-400, Mod#1 (Ref:/GPA-2021-0002/Z-S-2021-0007/Z-S-2024-0001) APPLICANT: Nashat Mshaiel
NashatMshaielIslamicSocietyCCmtg8-19-24(klk)
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 SVMC.
A-4 This decision is not effective until Permittee acknowledges acceptance of all c onditions 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 the conditions of approval.
A-5 Anything which is not shown on the application/plans, or which is not specifically approved, or which is not in compliance with this CUP, is not approved. Any application and/or plans which are defective as to , without limitation, omission, dimensions, scale, use, colors, materials, encroachments, easements, renders 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 are incorporated by reference as conditions of this permit. The duty to determine which laws and regulations apply to the Permittee is the burden of the Permittee its assignees or successors in interest.
A-7 Permittee agrees that if any of the conditions or limitations of this permit are ruled invalid by a court of competent jurisdiction, that ruling will render this permit null and void.
A-8 Permittee must provide the Environmental Services Director with a copy of all conditions of approval recorded with the Ventura County Recorder's Office.
A-9 Permittee cannot attach signs, flags, pennants, streamers, or banners of any type to the light poles or landscaping.
A- 10 Permittee must submit to the Director for review and approval a trash and recycling enclosure plan. The Director will review the plan for compliance with the following criteria:
a. The enclosure must incorporate the same architectural treatment and use the same approved exterior colors and materials as the main building;
b.
The enclosure must incorporate an opaque gate and include a solid roof, which must be designed to preclude trash from being blown out of the trash and recycling bins;
16 RES. NO. 2024-35
CASE NO.: CUP-S-400, Mod#1 (Ref:/GPA-2021-0002/Z-S-2021-0007/Z-S-2024-0001) APPLICANT: Nashat Mshaiel
NashatMshaielIslamicSocietyCCmtg8-19-24(klk)
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- 11 Permittee must submit a utility plan to the Director 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;
b. Screening design and location for all above-ground utility equipment by 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 Director 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- 12 Permittee must retain a professional Native American monitor procured by the Fernandeño Tataviam Band of Mission Indians (“FTBMI”) to observe all ground-disturbing activities including, without limitation , excavating, digging, trenching, plowing, drilling, tunneling, quarrying, grading, leveling, clearing, driving posts, auguring, blasting, stripping topsoil or similar activity.
If cultural resources are encountered, the Native American monitor has the authority to request that ground-disturbing activities cease within 60 feet of discovery and a qualified archaeologist meeting the Secretary of Interior standards shall assess the find. Work on the portions of the Projects outside of the buffered area may continue during this assessment period.
A- 13 Permittee must, in good faith, consult with the FTBMI on the disposition and treatment of any Tribal Cultural Resource, as defined by Public Resources Code Section 21074, encountered during all ground disturbing activities.
A- 14 If human remains or funerary objects are encountered during any activities associated with the Project, work within a 100- foot buffer of the find must 17 RES. NO. 2024-35
CASE NO.: CUP-S-400, Mod#1 (Ref:/GPA-2021-0002/Z-S-2021-0007/Z-S-2024-0001) APPLICANT: Nashat Mshaiel
NashatMshaielIslamicSocietyCCmtg8-19-24(klk)
cease and the County Coroner must be contacted pursuant to Health and Safety Code §7050.5 and must determine the origin and disposition of the remains. Inadvertent discoveries of human remains and/or funerary object(s) are subject to Health and Safety Code Section 7050.5, and the subsequent disposition of those discoveries must be decided by the Most Likely Descendant, as determined by the Native American Heritage Commission, should those findings be determined as Native American in origin.
A- 15 Before the Building Official, or designee, conducts an occupancy inspection, Permittee must provide to the Director 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- 16 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.
A- 17 Permittee must submit photometric and luminaire plans that comply with SVMC Section 9-30.040. The plans must demonstrate 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-18 Approval of this project requires certain legislative determinations by the City Council. The approval of Conditional Use Permit CUP -S-400 MOD #1 is hereby expressly made contingent upon the approval of the General Plan Amendment (GPA-2021-0002), Zone Change (Z-S-2021-0007), and Zone Text Amendment (Z-S-2024-0001) by the City Council.
*A-19 Permittee must submit to the Deputy Environmental Services Director/City Planner for review and approval, revised plans at the construction phase that depict three bicycle parking spaces.
*A-20 Permittee must submit to the Deputy Environmental Services Director/City Planner for review and approval, a revised site and landscape plan at the construction phase that depicts a n additional landscape island with a minimum width of seven feet, on the northern side of the building adjacent to the Americans with Disabilities Access parking space.
18 RES. NO. 2024-35
CASE NO.: CUP-S-400, Mod#1 (Ref:/GPA-2021-0002/Z-S-2021-0007/Z-S-2024-0001) APPLICANT: Nashat Mshaiel
NashatMshaielIslamicSocietyCCmtg8-19-24(klk)
B. PUBLIC WORKS CONDITIONS:
Development
B-1 These Conditions of Approval supersede all conflicting notations, specifications, dimensions, and typical sections which may be shown on development plans or exhibits. The Conditions stated herein must not be considered a comprehensive listing of all State and Municipal Code requirements. All of the following Conditions, including the payment of all miscellaneous fees, must be completed before the Environmental Services Director issues a Zoning Clearance, unless other timing has been specified by the City Engineer.
B-2 Before issuance of a Grading Permit by the Director of Public Works , 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, including those required by 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 permit’s issuance, 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 in a form and amount acceptable to the City Engineer.
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 City Engineer.
B-5 Before occupancy, Permittee must complete all improvements per the accepted plans and approved conditions and must obtain acceptance for the improvements by the City Engineer.
Grading
B-6 Before issuance of a grading permit by the Director of Public Works , Permittee must submit a site paving, drainage, and grading plan, subject to 19 RES. NO. 2024-35
CASE NO.: CUP-S-400, Mod#1 (Ref:/GPA-2021-0002/Z-S-2021-0007/Z-S-2024-0001) APPLICANT: Nashat Mshaiel
NashatMshaielIslamicSocietyCCmtg8-19-24(klk)
review and approval by the City Engineer. Upon acceptance of the geotechnical report by the City Engineer, Permittee must submit a digital file of the report and all comments, responses, references , and supporting data to the City Engineer.
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 to the City Engineer.
B-8 Permittee must obtain a grading permit, complete the grading according to the approved plans, and provide certifications by the soils engineer and a California State Registered Civil Engineer to the City Engineer.
Storm Water Quality
*B-9 Before the City Engineer issues a grading permit, Permittee must submit to the City Engineer for review a final drainage study prepared by a California State Registered Civil Engineer. The drainage study must include hydrologic and hydraulic calculations to verify the size of the underground stormwater treatment vault and the capacity of all storm water drainage facilities on the site.
*B-10 Permittee must submit to the City Engineer for review, and must execute and record upon approval, a Deed Restriction Covenant and Agreement regarding Storm Drain and Stormwater Treatment Device Maintenance.
*B-11 Before the City Engineer issues a grading permit, Permittee must prepare a Storm Water Pollution Prevention Plan and must incorporate permanent storm water quality treatment devices into the site improvements for review and approval by the City Engineer.
*B-12 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 construct ion period.
Undergrounding of Utilities
B-13 Permittee must design improvements s o that all existing and proposed utilities are underground.
Traffic
*B-14 Permittee must design and construct any landscaping to incorporate and provide for the minimum safe vehicle/driver sight distances at the project 20 RES. NO. 2024-35
CASE NO.: CUP-S-400, Mod#1 (Ref:/GPA-2021-0002/Z-S-2021-0007/Z-S-2024-0001) APPLICANT: Nashat Mshaiel
NashatMshaielIslamicSocietyCCmtg8-19-24(klk)
driveways, restrict 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 project monuments, signs, or other impediments to the driver's sight visibility are allowed within that restricted area, as determined 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-15 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 Standards. Width of driveways must be per approved plan. Driveways must have minimum 15’ radius returns.
*B-16 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-17 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, to the satisfaction of the City Engineer.
*B-18 Permittee must pay the Traffic Impact Fee specified in the City of Simi Valley Schedule of Service Charges in effect at the time of payment prior to issuance of the Zoning Clearance by the Environmental Services Director , as stated in the current Traffic Impact Fee Resolution. The total fee is based on daily vehicle trip ends, with the project forecast to generate 237 daily trip ends.
Sanitation Services
B-19 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- 20 Permittee must apply for, and obtain, a Sewer Will -Serve Letter from the Sanitation Services Division.
B- 21 Before issuance of a Sewer Will -Serve Letter, Permittee must pay all applicable sewer connection fees.
B- 22 Permittee must receive approval from the Environmental Services Director 21 RES. NO. 2024-35
CASE NO.: CUP-S-400, Mod#1 (Ref:/GPA-2021-0002/Z-S-2021-0007/Z-S-2024-0001) APPLICANT: Nashat Mshaiel
NashatMshaielIslamicSocietyCCmtg8-19-24(klk)
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.
Waterworks District No. 8
B-23 Permittee must design and construct all public water facilities to comply with the Rules and Regulations of Ventura County Waterworks District No. 8 (District), per Resolution No. WWD- 2, and the Water Design and Construction Standards Manual adopted by the Board of Directors of the District on July 26, 2021, and subsequent revisions.
B-24 Permittee must apply for, and obtain, a Water Will -Serve Letter from the District prior to issuance of a Zoning Clearance by the Environmental Services Director.
B-25 Before issuance of a Water Will-Serve Letter by the Public Works Director or Designee, the Permittee must submit a utility plan to the District for review and approval. The utility plan must depict all proposed domestic, irrigation, fire line connections, and backflow prevention assemblies. The utility plan must also depict all existing water mains, fire hydrants, services and meters.
All water facilities must be labeled accordingly. Record drawings for water facilities may be obtained by contacting the Director of Public Works or City Clerk’s offices.
B-26 Backflow prevention assemblies must be located on private property as close as practical to the meter, but no further than 10 feet from the public- right-of way or District’s easement, and screening must co mply with Planning Division’s requirements detailed in Condition A-11.
B-27 Fire protection facilities must comply with the design requirements set by the Ventura County Fire Protection Department (VCFPD). The VCFPD Fire Chief or designee must review and approve the locations of existing and proposed fire hydrants on the utility plans before District approval.
B-28 Before issuance of a Water Will-Serve Letter by the Director of Public Works or designee, the Permittee must submit an approved VCFPD Form 625 with authorized signatures from the designated VCFPD and District officials.
B-29 Before issuance of a Water Will-Serve Letter, the Permittee must submit a Water Supply Fixture Unit Count in accordance with the latest version of the California Plumbing Code (CPC). Estimated Average Daily Demand must be determined through fixture counts for each existing/proposed building for each fixture based on the CPC.
22 RES. NO. 2024-35
CASE NO.: CUP-S-400, Mod#1 (Ref:/GPA-2021-0002/Z-S-2021-0007/Z-S-2024-0001) APPLICANT: Nashat Mshaiel
NashatMshaielIslamicSocietyCCmtg8-19-24(klk)
B- 30 Permittee must verify if the existing domestic meter has sufficient capacity to supply the added water demand for the proposed project. If not, the Permittee must make the necessary upgrades in compliance with District’s standards.
B- 31 Before the installation of landscaping or issuance of a Certificate of Occupancy by the Director of Environmenta l Services, whichever comes first, the Permittee must purchase and install domestic and irrigation water meters to the satisfaction of the Director of Public Works or designee.
B-32 Before issuance of a Water Will -Serve Letter, the Permittee must pay the capital improvement charge for water service. The estimated total fee is based on the domestic water meter size. Credits may apply and actual fees are determined at the time of payment prior to issuance of a Zoning Clearance by the Environmental Services Director.
Maintenance
B-33 Permittee must submit, to the Director of Public Works or designee, final Landscape and Irrigation Plans for the project for review and approval.
Landscape and Irrigation Plans must include estimates and plan check and inspection fees. The project 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-34 Permittee must insure that the landscape and irrigation design plans include provisions 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 of the public rights-of-way and public sidewalk.
B-35 Permittee must provide the Director of Public Works or designee with a design such that all landscaping within the “Line of Sight” areas at driveways, does not exceed 30” maximum plant height at maturity.
B-36 Permittee must screen all above-ground utilities, such as check valves and transformers, which may be located adjacent to the right-of-way. Above- ground utilities must be setback sufficiently, approximately 6-8 feet from the right-of-way, to allow adequate onsite screening from the roadway as determined by the Director of Public Works or designee.
C. LANDSCAPING CONDITIONS
:
C-1 Permittee must submit final landscape and irrigation plans, and supporting materials as outlined in the City of Simi Valley
Final Landscape Plan
23 RES. NO. 2024-35
CASE NO.: CUP-S-400, Mod#1 (Ref:/GPA-2021-0002/Z-S-2021-0007/Z-S-2024-0001) APPLICANT: Nashat Mshaiel
NashatMshaielIslamicSocietyCCmtg8-19-24(klk)
Checklist, 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 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. Depict all protected trees pursuant to Section 9-38.050 of the SVMC; 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 cannot include any live turf areas. The plant palette cannot include invasive plants as listed in the California Invasive Plant Council Invasive Plant Inventory.
C-2 Permittee must protect and preserve all protected trees on the site from the date of this approval until the final building inspection or the certificate of occupancy for the last building to be constructed, unless the Director grants a Tree Removal Permit authorizing the removal of the trees. Permittee must mitigate the loss of all protected trees, relocated trees, and trees identified on the Final Landscape Plan for the lifetime of the permit, in compliance with SVMC Chapter 9-38 and the City's Landscape Design Guidelines.
C-3 Before the Building Official issues a Certificate of Occupancy or a Final Inspection request, whichever comes first, Permittee must:
24 RES. NO. 2024-35
CASE NO.: CUP-S-400, Mod#1 (Ref:/GPA-2021-0002/Z-S-2021-0007/Z-S-2024-0001) APPLICANT: Nashat Mshaiel
NashatMshaielIslamicSocietyCCmtg8-19-24(klk)
a. Install all landscaping so as to be consistent with the approved landscape plans referred to in Condition C-1;
b. Require that the Applicant’s landscape architect be present during the final landscape inspection by the City and certify that the installation of landscape materials and irrigation systems are in compliance with the approved landscape plan; and
c. Provide the Deputy Environmental Services Director/City Planner with a completed Final Landscape Plan Checklist to the satisfaction of the Deputy Environmental Services Director/City Planner following completion of the landscape installation.
C-4 For the lifetime of this permit, Permittee must maintain landscaping in compliance with the following standards:
a. All tree pruning or thinning must conform to current arboricultural pruning guidelines including , without limitation, Tree Care Industry Association, ANSI A300 Standards;
b. Branches must be removed as needed and determined Director of Public Works or designee to allow for a 14- foot vehicular path clearance and an eight-foot pedestrian path clearance; and c. Replace all dead or missing plants to comply with the approved landscape plan. The minimum replacement size must be at least a 24” boxed tree or five- gallon shrub/vine, or a one- gallon groundcover.
D. VENTURA COUNTY FIRE PROTECTION DISTRICT
:
D-1 Permittee must comply with all current Ventura County Fire Protection District (VCPD) Ordinances, Codes, and Standards.
D-2 Permittee must obtain approved VCFD Form 610 "Fire Permit Application” and Form 625 “Fire Flow Verification” before obtaining a building permit for any new structures or additions to existing 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.
D-4 Permittee must submit plans for water systems supplying fire hydrants and/or fire sprinkler systems , which cannot be located within a water purveyor’s easement, for review and approval by the VCFPD Fire Chief or designee before issuance of grading plans by the Director of Public Works 25 RES. NO. 2024-35
CASE NO.: CUP-S-400, Mod#1 (Ref:/GPA-2021-0002/Z-S-2021-0007/Z-S-2024-0001) APPLICANT: Nashat Mshaiel
NashatMshaielIslamicSocietyCCmtg8-19-24(klk)
or designee and/or building permits by the Environmental Services Director or signing of Mylar plans, whichever is first. Plans must reflect only dedicated private fire service lines and associated appurtenances.
D-5 Permittee must submit two site plans to the Fire District for review and approval of access and location points of fire lanes. Before occupancy, all fire lanes must be posted “NO PARKING -FIRE LANE -TOW AWAY” in accordance with California Vehicle Code, the International Fire Code and current VCFPD Fire Lane Standards. All signs and/ or Fire Lane markings must be within recorded access easements.
D-6 Permittee must provide approved turnaround areas for fire apparatus es when dead-end Fire Department access roads/driveways exceed 150 feet.
Turnaround areas cannot exceed a 5 percent cross slope in any direction and must be located within 150 feet of the end of the access road/driveway.
Turnaround areas must not be used for parking and must always be kept free of obstructions. Permittee must post signs indicating turnaround areas as Fire Lanes in accordance with Fire District Fire Lane Standards.
D-7 Buildings housing Group A occupancies must front directly on or discharge traffic to a public street at least 20 feet in width. The exit discharge to the public street must be a minimum 20- foot wide right -of-way, unobstructed, and maintained only as exit discharge to the public street. The main entrance to the building must be located on a public street or on the exit discharge.
D-8 Before construction, Permittee must submit plans to the Fire District for placement of fire hydrants. On the submitted plans, Permittee must depict existing hydrants within 500-feet of the development and indicate the type of hydrant, number, and size of outlets.
D-9 Permittee must install fire hydrants and place them in service before beginning combustible construction and the hydrants must conform to the minimum standard of the City of Simi Valley Water Works Manual and the following:
• Each hydrant must be a 6- inch wet barrel design and must have (1) 4- inch and (2) 2 ½ inch outlet(s);
• The required fire flow must be achieved at no less than 20- psi residual pressure;
• Fire hydrants must be spaced 500-feet on center and located so that no Fire Department Connection must be farther than 150-feet from any one hydrant;
• Fire hydrants must be set back in from the curb face 24- inches on center;
26 RES. NO. 2024-35
CASE NO.: CUP-S-400, Mod#1 (Ref:/GPA-2021-0002/Z-S-2021-0007/Z-S-2024-0001) APPLICANT: Nashat Mshaiel
NashatMshaielIslamicSocietyCCmtg8-19-24(klk)
• No obstructions, including walls, trees, light and signposts, meter, must be placed within three feet of any hydrant;
• A concrete pad must be installed extending 18- inches out from the fire hydrant; and
• Ground clearance to the lowest operating nut must be between 18 to 24 inches.
D-10 Permittee must provide all structures with an automatic fire sprinkler system in accordance with California Building Code and California Fire Code requirements, and current Ventura County Fire Ordinance at time of building permit application.
D-11 Permittee must install a fire alarm system in all buildings in accordance with the California Building Code and California Fire Code requirements.
END OF ALL CONDITIONS
27 RES. NO. 2024-35
CASE NO.: CUP-S-400, Mod#1 (Ref:/GPA-2021-0002/Z-S-2021-0007/Z-S-2024-0001) APPLICANT: Nashat Mshaiel
NashatMshaielIslamicSocietyCCmtg8-19-24(klk)
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 City Council in its approval of CUP-S-400 MOD#1. 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________________________
28 RES. NO. 2024-35
NashatMshaielIslamicSocietyCCmtg8-19-24(klk)
ORDINANCE NO. 1359
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SIMI VALLEY APPROVING A CHANGE OF ZONE
CLASSIFICATION ( Z-S-2021-0007) TO CHANGE THE
ZONE OF A 0. 64-ACRE PROPERTY FROM RESIDENTIAL
MEDIUM (RM) TO COMMERCIAL PLANNED
DEVELOPMENT (CPD) AT 4343 TOWNSHIP AVENUE; AND
A ZONE TEXT AMENDMENT (Z -S-2024-0001) TO AMEND
PORTIONS OF TITLE 9 OF THE SIMI VALLEY MUNICIPAL
CODE TO MODIFY SETBACK STANDARDS AND
LANDSCAPE BUFFERS; AND A DETERMINATION THAT
THE AMENDMENT S ARE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS pursuant to the provisions of the Simi Valley Municipal Code Title 9 -73, the applicant, Nashat Mshaiel of the Islamic Society of Simi Valley , has requested approval of a Zone Change (Z -S-2021-0007) for a 0.64 -acre site located at 4343 Township Avenue, known as Ventura County Assessor Parcel No. 614-0- 030-325 and by the legal description attached hereto as Exhibit A, for the purpose of changing the Zoning Map of a 0.64- acre site from Residential Medium (RM) to Commercial Planned Development (CPD); a Zone Text Amendment (Z-S-2024-0001) to amend portions of Title 9 of the Simi Valley Municipal Code (SVMC) to modify setback standards and landscape buffers; and a determination that the Zone Changes are exempt from the California Environmental Quality Act.
WHEREAS, on May 22, 2024, the Planning Commission of the City of Simi Valley reviewed the proposed changes at a public hearing and recommended that the City Council approve the changes; and
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 completed its review and scheduled a public hearing regarding the proposed Project before the City Council for August 19, 2024. Notice of the public hearing on the proposed Project was posted as required by the SVMC.
WHEREAS, on August 19, 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 August 19, 2024 public hearing incl uding, without limitation, the staff report and accompanying documents.
29 NashatMshaielIslamicSocietyCCmtg8-19-24(klk)
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-2021-0007 and Zone Text Amendment No. Z-S-2024-0001 contained in the Planning Commission Resolution dated May 22, 2024, and incorporated herein by reference, are hereby adopted.
SECTION 2
. Pursuant to SVMC 9 -20.030 and 9-73, Zone Change No. Z - S-2021-0007 amending the Zoning Designation from Resident ial Medium (RM) to Commercial Planned Development (CPD) for a 0.64 acre property located adjacent to 4343 Township Avenue, as contained in Exhibit B, attached hereto is hereby approved.
SECTION 3. Pursuant to SVMC 9-20.030 and 9-73, Zone Text Amendment No. Z-S-2024-0001, as contained in Exhibit C, attached hereto is hereby approved
SECTION 4. Environmental Assessment. Because of the facts set forth in Section 1, the Director determined the project to be exempt from CEQA in accordance with Section 15061 - Common Sense 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 5
. 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 6. Limitations. The City Council’s analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are limitations on the City’s ability to solve what are in effect regional, state and National problems and issues.
The City must work within the political framework within which it exists and with the limitations inherent in that framework.
SECTION 7. Preservation. Repeal or amendment of any previous SVMC Sections does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.
SECTION 8. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provision or application and, to this end, the provisions of this Ordinance are severable.
30 ORD. NO. 1359
NashatMshaielIslamicSocietyCCmtg8-19-24(klk)
SECTION 9. Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.
SECTION 10
. Publication. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Simi Valley’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 10 days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.
SECTION 11. Incompatible Provisions. To the extent of any provision of this ordinance is incompatible with or at variance with any prior adopted ordinance or resolution, the provisions of this Ordinance shall take precedence.
SECTION 12. The City Clerk shall cause this O rdinance or a summary hereof to be published in a newspaper of general circulation, published in the County of Ventura and circulated in the City, and if applicable, to be posted, in accordance with Section 36933 of the California Government Code; shall certify to the adoption of this ordinance and shall cause a certified copy of this ordinance, together with proof of publication, to be filed in the Office of the Clerk of this City.
SECTION 13. 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 19
th day of August 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
31 ORD. NO. 1359
EXHIBIT A
NashatMshaielIslamicSocietyCCmtg8-19-24(klk)
LEGAL DESCRIPTION
All that certain real property situated in the County of Ventura, State of California, described as follows:
The Southerly 200 feet of the Westerly 145 feet of the Easterly 445 feet of Lot 119, Subdivision No. 5 of the Tapo Ranch, in the City of Simi Valley, County of Ventura, State of California, as per map recorded in Book 8, Page 37 of Maps, in the Office of the County Recorder of said County.
APN: 614-0-030-325
32 ORD. NO. 1359
EXHIBIT B
NashatMshaielIslamicSocietyCCmtg8-19-24(klk)
Zone Change No. Z-S- 2021-0007, to change the Zoning classification and map of the subject site from Residential Medium Density (RM) to Commercial Planned Development (CPD) for APN 614-0-030-325.
33 ORD. NO. 1359
EXHIBIT C
NashatMshaielIslamicSocietyCCmtg8-19-24(klk)
Proposed Simi Valley Municipal Code Text Amendments (Z-S-2024-0001)
Amendments to the following sections of Title 9 of the SVMC are shown below. Revised code sections are shown as underlined text. Deletions are shown as strikethrough text.
Part 1
9-26.040 - Commercial and Industrial District General Development Standards
TABLE 2-6 - COMMERCIAL AND INDUSTRIAL DISTRICT GENERAL DEVELOPMENT
STANDARDS
Development
Feature
Requirement by Zoning District
CO CN CR CC CO
Sides (each)
Rear
None required when located adjacent to a non -residentially zoned parcel or public park use, otherwise unless located adjacent to a residentially zoned parcel. In those cases, the setback shall be 20 ft, plus 1 additional ft for each ft or portion thereof by which the st ructure exceeds 20 ft in height.
Development
Feature
Requirement by Zoning District
CPD CI BP Overlay LI GI
Sides (each)
Rear
None required when located adjacent to a non -residentially zoned parcel or public park use, otherwise unless located adjacent to a residentially zoned parcel. In those cases, the setback shall be 20 ft, plus 1 additional ft for each ft or portion thereof by which the structure exceeds 20 ft in height.
34 ORD. NO. 1359
EXHIBIT C
NashatMshaielIslamicSocietyCCmtg8-19-24(klk)
1) 9-33.030 - Landscape Requirement
I. Buffer landscaping requirements.
1. For any commercial or industrial yard next to residentially zoned property ,
excluding a public park use, a minimum of 10 feet of landscaping shall also be required adjacent to the residentially zoned property within the required setback area in compliance with Article 2 (Zoning Districts, Allowable Land Uses, and Zone- Specific Standards). A solid six -foot high masonry wall shall also be required along the common property line. Buffer requirements for mini -warehouse/self-storage facilities are contained in Section 9-
33.030.K. Buffer requirements for CR zones are contained in Section 9-
33.030.I.3.
35 ORD. NO. 1359
NOTICE OF EXEMPTION
To: County Clerk From: City of Simi Valley
County of Ventura 2929 Tapo Canyon Road
800 S. Victoria Avenue Simi Valley, CA 93063
Ventura, CA 93001
Project Title: CUP-S-400 MOD#1
Project Location - Specific: 4343 Township Avenue (APN: 614-0-030-325) Project Location - City: Simi Valley Project Location - County: Ventura Description of Project: A Modification to an existing Conditional Use Permit (CUP -S-400 MOD#1) to construct a two -story religious facility; a General Plan Amendment (GPA -2021-0002) to change the land use designation of the project site from Neighborhood Park to General Commercial; a Zone Change (Z-S-2021-0007) from Residential Medium (RM) to Commercial Planned Development (CPD); and a Zone Text Amendment (Z -S-2024-0001) to amend portions of the Title 9 of the Simi Valley Municipal Code relating to modifications of setbacks between commercially zoned lots and public park uses
Name of Public Agency Approving Project: City of Simi Valley 08/19/2024 Date of Approval
Name of Person or Agency Carrying Out Project: Islamic Society of Simi Valley (Nashat Mshaiel) Exempt Status: (check one)
Ministerial [Sec. 21080(b)(1); 15268];
Declared Emergency [Sec. 21080(b)(3); 15269(a)];
Emergency Project [Sec. 21080(b)(4);15269(b)(c)];
X Categorical Exemption - State type and section number: Class 3, 15303 Statutory Exemptions - State code number:
X Common Sense [Sec. 15061(b)(3)]
Text of exemption and reasons why project is exempt:
See next page for details.
Lead Agency Contact Person: Naren Gunasekera Area Code/Telephone (805) 583-6863 Signature: Date: 08/19/2024 Title: Principal Planner
Naren Gunasekera Dept. of Environmental Services
X Signed by Lead Agency
ATTACHMENT A
36 California Environmental Quality Act (CEQA) Exemption CUP-S-400 MOD#1/GPA-2021-0002/Z-S-2021-0007/Z-S-2024-0001 – 4343 Township Avenue, Simi Valley
Pursuant to CEQA (Public Resources Code Section 21000 , et seq.) and the CEQA Guidelines (14 California Code of Regulations Section 15000 , et seq.), the proposed project is subject to environmental review.
Project Description
The project is for the proposed replacement/modification of an existing religious facility including the addition of a second floor. Also included is a General Plan Amendment from Neighborhood Park to General Commercial and a Zone Change from Residential Medium (RM) to Commercial Planned Development (CPD).
CUP-S-400 MOD#1
The existing single-story, 3,055-square-foot building, was permitted and constructed in 1966. A Conditional Use Permit (CUP-S-400) was approved on February 5, 1992 by the City of Simi Va lley’s Planning Commission for the use of the site as a religious facility.
The Green Crescent of Simi Valley also known as the Islamic Society of Simi Valley has owned the site since 2012.
The proposed Conditional Use Permit Modification would allow for the demolition of the existing building and the construction of a two-story, 6,780-square-foot building. The proposed building will have the following components:
- 1,470 square feet main prayer hall and 510 square foot reception on the first floor; - 1,935 square feet of restrooms, kitchen, office, and a library on the first floor; - A 665 square-foot entry lobby on the first floor; and - 2,200 square feet of classrooms for religious instruction and offices on the second floor.
GPA-2021-0002/Z-S-2021-0007
The project includes a request to change the General Plan Land Use designation from Neighborhood Park to General Commercial on the 0.64-acre site located at 4343 Township Avenue as well as a request for a Zone Change from Residential Medium (RM) to Commercial Planned Development (CPD).
The General Plan Land Use map currently designates the site as Neighborhood Park, which is a Land Use designation intended to meet the need for open areas of aesthetic value within a neighborhood and to allow active or passive r ecreation, usually for comparatively short periods of time, to residents and visitors. Typically, they range in size from six to ten acres and are intended to serve from 2,500 to 5,000 residents living within a radius of approximately 0.5 mile. However, the site has not served as a neighborhood park or a residential use since 1966. As detailed in Table LU-1 (Page 44 of Chapter 3 of 37 the General Plan), the current land use designation is not compatible with the parcel’s zoning of Residential Medium (RM).
Zone Text Amendment (Z-S-2024-0001)
The applicant is requesting to amend portions of Title 9 to the Simi Valley Municipal Code (SMVC) relating to modifications of setbacks between commercially zoned lots and public park uses. The modifications are to SMV C Sections 9 -26.040 - Commercial and Industrial District General Development Standards, Table 2 -6 and 9 -33.030 - Landscape Requirements as detailed in Exhibit D. The proposed changes would eliminate the need for a 10-foot landscape buffer and a side yard setback on commercial/industrial lots when next to a public park use. This change still keeps in place these buffer requirements when the adjacent use is residential.
CEQA Guidelines Section 15061(b)(3) – Common Sense Exception:
Pursuant to CEQA Guidelines Section 15061(b)(3) a project is exempt from CEQA if ‘the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.’
The lot’s current land use designation is inconsistent with its zoning as detailed in Table LU-1 (Page 47 of Chapter 3 of the General Plan) and shown below in Figure 1. The only compatible zoning district with the Neighborhood Park is a Park zoning district. The City does not currently have a Park zoning district. The changes would ensure consist ency between the land use designation and zoning for the site itself and consistency with the adjacent commercial lot on the east.
38 Figure 1 – Table LU-1: General Plan/Zoning Consistency Matrix
The Neighborhood Park Land Use designation is intended to meet the need for open areas of aesthetic value within a neighborhood and to allow active or passive recreation, usually for comparatively short periods of time, to residents and visitors. Typically, they range in size from six to ten acres, and are intended to serve from 2,500 to 5,000 residents living within a radius of approximately 0.5 mile.
The RM zoning district is intended to provide for a suburban single -family residential environment with a range of parcel sizes and some clustering of parcels. The residential density in this zoning district may range from 3.6 to 5.0 units per acre. The maximum density is one dwelling per lot.
The site however is less than an acre in size and has been developed with a building and parking lot since 1966 as shown in Figure 2, which is an aerial image from 1970. 39 Figure 2 – Historical Aerial from 1970 (Source: UCSB Library)
If the religious facility use was discontinued at the site, any proposed commercial use would be required to comply with SVMC requirements for setbacks, parking and landscaping, all of which are established to ensure compatibility between adjacent land uses. Any future change of use to commercial use will require the demolition of the proposed religious facility and construction of a commercial building. This process would be subject to additional CEQA review. A change of use that may have impacts, environmental or otherwise, on surrounding properties , will have to go through a Conditional Use Permit application process as detai led in SVMC Section 9-52.070. This would also be subject to additional CEQA review. There will not be any loss of parkland, or potential residential square footage as the site has not been used as a park, or a residential use since the original building was approved on the site in 1966.
The use of a common sense exemption for a general plan/zoning change has precedence with Muzzy Ranch Co . v. Solano County Airport Land Use Commission (2007) 41 Cal. 4th 372 where a county adoption of a plan that embraced existing development restrictions was deemed to qualify for the exemption as it was consistent with existing general plan and zoning desig nations and development controls. As discussed above, the proposed changes are akin to a map correction both with regard to l and use designation and zoning.
40 The zone text amendments proposed are minor and the change to the landscaping and setback standards will not create a significant impact on the environment. The revised development code sections would still require landscape buffers and setbacks between residential uses and industrial and commercial uses and as such the ‘buffering’ intent of the code will be maintained.
It can be seen with certainty that there is no possibility that the proposed change to the General Plan Land Use designation, zoning and the changes to the development code will have a significant effect on the environment.
CEQA Guid elines Section 15303 – New Construction or Conversion of Small Structures (Class 3 Exemption):
Class 3 Exemptions consist of the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modificati ons are made in the exterior of the structure. The number of structures described in this section are the maximum allowable on any legal parcel. In urbanized areas, the exemption also applies to up to four commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive.
The proposed project would qualify for a Class 3 Categorical Exemption as one 6,780 square-foot building is proposed to replace the existing 3,055 square-foot building. The site is within an urbanized area and as such, meets the 10,000 square foot building size limit and four building limit that precludes the use of this exemption. All public services and facilities are available to the site, and the surrounding area is no t environmentally sensitive. The building’s use as a religious facility will not involve the use of significant amounts of hazardous substances.
ANALYSIS OF EXCEPTIONS TO EXEMPTIONS, SECTION 15300.2:
(a) Location: Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located – a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies.
The project site is within an urbanized part of the City where the nearest natu ral habitat with potentially sensitive habitat types of special -status species is approximately 2,700 feet to the north. Based on a site visit there are no natural features or vegetation present 41 on the project site and is surrounded by urban uses, roads , and a park. No natural vegetation that could provide substantial habitat for wildlife will be impacted by the project.
According to the Wetlands Inventory Maps from the US Department of the Interior, the project site does not contain any wetlands. The site inspection did not reveal any hydrology, soils, or substantial vegetation that would indicate the presence of wetlands within or adjacent to the construction area. No natural vegetation is present on site that could provide substantial habitat for migratory birds. There are no water sources within or immediately adjacent to the project area. The Arroyo Simi is over 1.5 miles from the southernmost end of the project. The project will meet all required standards for NPDES and SQUIMP Permits as required by ordinance. A search of the California Dept. of Toxic Substances Control “Envirostor” database indicated that there are no land uses that use, or store hazardous materials or clean-up sites in or near the project within or immediately adjacent to the project construction area.
Therefore, this exception to the categorical exemptions does not apply.
(b) Cumulative Impact: All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, ove r time is significant.
The Planning Division’s latest Quarterly Development Summary for the second quarter of 2023 indicates that there are no pending or reasonably foreseeable probable future projects of the same type planned for the subject area or its surroundings.
Therefore, this exception to the categorical exemptions does not apply.
(c) Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.
The site has been developed since 1966 and the religious facility has been in operation since 1992. The proposed redevelopment of the site to replace the aging building meets the development standards re quired in the SVMC. The proposed redevelopment is consistent with the City of Simi Valley General Plan’s goals and policies and would not cause any conflict with any land use plan, policy or regulation.
The City’s Traffic Engineer has determined that the project will not have transportation impacts with regard to vehicle miles traveled (VMT).
42 The project site is adjacent to a commercially zoned and developed parcel with an existing shopping center to the east. This parcel contains development that is similar in scale to the proposed project. Additionally, the project is bounded by the Houghton Schreiber Park to the west and north, and Township Avenue and existing single -family residences and religious institutes to the south. The proposed project is in scale and compatible with the surrounding uses.
Thus, the project’s use and physical development would be compatible with the surrounding existing development and the planned industrial use of the site. No potentially significant effects on the environme nt have been identified, and no unusual circumstances apply.
With regard to potential cultural resources, the project approval will incorporate conditions that require the Applicant to have the Fernandeño Tataviam Band of Mission Indians (FTBMI) monitor grading activities and consult with the tribe on the disposition and treatment of any Tribal Cultural Resource encountered during all ground-disturbing activities.
Therefore, this exception to the categorical exemptions does not apply.
(d) Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.
The project site does not contain any scenic resources and no scenic highways or scenic resource areas are located in the vicinity of the project site. There is no public viewshed of scenic resources on or near the project site that would be adversely affected by the project. Development would occur within currently developed areas and would result in similar conditions as the existing baseline.
Therefore, this exception to the categorical exemptions does not apply.
(e) Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursua nt to Section 65962.5 of the Government Code.
Pursuant to a search of the California Dept. of Toxic Substances Control “Envirostor” database and research of the files within the Planning Division, the project location is not located on the State of Califo rnia list of identified hazardous waste or hazardous substance sites.
Therefore, this exception to the categorical exemptions does not apply.
43 (f) Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.
There are no historic resources that exist on the project site that are included in a local register of historic resources, as defined in Section 5020.1(k) of the Public Resources Code (PRC). There are no structures or uses on site that are eligible for listing in the California Register of Historical Resources. Based on these findings, the proposed project would have no impacts, project-specific or cumulative, on historic resources.
With regard to potential cultural resources on the previously graded and developed site , the project approval will incorporate conditions that require the Applicant to have the Fernandeño Tataviam Band of Mission Indians (FTBMI) monitor grading activities and consult on the disposition and treatment of any Tribal Cultural Resource encountered during all ground-disturbing activities.
Therefore, this exception to the categorical exemptions does not apply.
44 EXHIBIT 1
PLANNING COMMISSION STAFF REPORT, SUPPLEMENTAL
STAFF REPORT, RESOLUTION, AND MINUTES
CUP‐S‐400 MOD #1/GPA‐2021‐0002/Z‐S‐2021‐0007/Z‐S‐
2024‐0001
45 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg)
DEPARTMENT OF ENVIRONMENTAL SERVICES
PLANNING COMMISSION STAFF REPORT
CASE NO.: CUP-S-400 MOD#1/GPA-
2021-0002/Z-S-2021-0007/Z-S-2024-0001
HEARING DATE: May 22, 2024
STAFF CONTACT: Naren Gunasekera
(805) 583-6863
REQUEST: A Modification to an existing Conditional Use Permit (CUP-S- 400 MOD#1) to construct a two- story religious facility; a General Plan Amendment (G PA-2021-0002) to change the
Land Use designation of the pr oject site from Neighborhood Park to General Commercial; a Zone Change (Z-S-2021-0007) from Residential Medium (RM) to Commercial Planned
Development (CPD); a Zone Text Amendment (Z-S-2024-
0001) to exempt the project from portions of Title 9 of the Simi Valley Municipal Code relating to modifications of setbacks between commercially zoned lots and public park uses; and a determination that the project is exempt from the California Environmental Quality Act
RECOMMENDATION: Recommend to the City Coun cil approval of CUP-S-400 MOD#1, GPA-2021-0002, Z-S-2021-0007, Z-S-2024-0001,
and a determination that the pr oject is exempt from the California Environmental Quality Act.
APPLICANT: Islamic Society of Simi Valley
4343 Township Ave
Simi Valley CA 93021
Attn: Nashat Mshaiel
(805) 328-4778
Langdon Wilson International
1055 Wilshire Blvd
Suite 1500
Los Angeles, CA 90017
Attn: Asad Khan
(213) 250-1186
EXISTING GENERAL
PLAN:
Neighborhood Park
PROPOSED GENERAL
PLAN:
General Commercial
EXISTING ZONING: Residential Medium (RM)
PROPOSED ZONING: Commercial Planned Development (CPD)
LOCATION: 4343 Township Avenue
AGENDA ITEM NO.
11.A.1.
46 CASE NO.: CUP-S-400MOD#1/GPA-2021- 0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
2 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg)
PROJECT DESCRIPTION
The Applicant, Nashat Mshaiel/Islamic Societ y of Simi Valley requests approval of a Modification to an existing Conditional Use Permit to construct a two-story religious facility. The Applicant is also requesti ng also a General Plan Amendment, a Zone Change, and a Zone Text Amendment. Each request is described below.
Conditional Use Permit Modification (CUP-S-400 MOD#1)
The existing single-story, 3,055 square foot building, wa s permitted and constructed in 1966. A Conditional Use Permit (CUP-S-400) was approved on February 5, 1992 by the Planning Commission for the use of the exis ting 2,720 square foot building and parking lot as a religious facility. The building cont ained a 1,380 square foot prayer hall, a 480 square foot lobby and additional offices. The Green Crescent of Simi Valley, also known as the Islamic Society of Simi Valley, has owned the site since 2012.
The proposed Conditional Use Permit Modifica tion would permit Appl icant to demolish the existing building and construct a two-stor y, 6,780 square foot building. The aging building would be replaced with new facilities to ensure the religious facility can continue to serve the community while ensuring the building is compatibly designed with the neighborhood and the safety of adjoining uses. The proposed building will have the following components:
- 1,470 square feet main prayer hal l and 510 square foot reception area; - 1,935 square feet of restroom s, kitchen, office, and a library; - A 665 square foot entry lobby; and
- 2,200 square feet of class rooms fo r religious instruction and offices.
47 CASE NO.: CUP-S-400MOD#1/GPA-2021- 0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
3 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) The proposed project requires 42 parking spaces as one space will be required for every 35 square feet of assembly area (Simi Valley Municipal Code § 9-34.060 - Parking Space Requirements). The 0.64 acre parking lot will be reconfigured as part of the project and landscaping will be added to the site. A total of 43 parking spaces will be provided and
14.9 percent of the site will be landscaped (Figure 3).
Figure 3 – Site/Landscape Plan
The building will be composed of fiber cement panels and smooth plaster in “Champagne and Topaze” colors with metal grill pattern accents, “Champagne Bronze” window and door frames, and “PPG Atlantica Glass” windows and arches (Figure 4 and Exhibit 1).
The building will have a dome on the east side of the building along with an attached decorative minaret. There is no amplified sound system associated with the minaret and it is purely decorative. These will be 35 feet high. The remainder of the building will range from 21 to 28 feet in height and incorporates a single-story element on the east side with a two-story element on the west side of the building.
48 CASE NO.: CUP-S-400MOD#1/GPA-2021- 0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
4 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) Figure 4 – South/Street Facing Elevation
The religious facility will be open daily for the five Islamic prayer times during the morning, afternoon, and evening. The classrooms will be open from 3:00 pm to 5:00 pm Monday through Friday and from 10:00 am to 5:00 pm on Saturday and Sunday.
Figure 5 – Rendering of building facing Township Avenue
49 CASE NO.: CUP-S-400MOD#1/GPA-2021- 0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
5 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) The project was reviewed for compliance and consistency with the Simi Valley Municipal Code as detailed in Table 1.
Table 1: Simi Valley Municipal Code Requirements for Commercial Zoning Districts (after proposed Zone Change)
REQUIRED
STANDARDS*
PROPOSED STANDARDS
Setbacks
(SVMC §9-26.040)
South Side (Front)
West Side (Side)
East Side (Side)
North Side (Rear)
35 feet
None
None
None
73 feet
10 feet
43 feet
65 feet
Building Height
(SVMC §9-26.040)
48 feet maximum 35 feet
Landscaping
(SVMC §9-26.040)
10 percent (minimum)
10-foot landscape
buffer along street
14.9 percent
10-foot landscape buffer along
street provided
Off-Street Parking
(SVMC §9-34.060)
42 spaces
43 spaces
Bicycle Parking
(SVMC §9-34.060.D)
3 spaces 3 spaces minimum required
per Condition *A-19
Recyclable and
Discard Collection
Containers
(SVMC §9-34.050)
9-feet × 7-feet or 14-
feet × 4.5-feet space
9-feet × 7-feet.
Note: Condition A-11 requires
submittal of a final trash
enclosure plan with adequate
screening and compliance
with the equal access
requirements of Title 24 of the
California Building Code and
the Americans with Disabilities
Act
Utility Equipment
Screening
(SVMC §9-30.070)
All aboveground utility
equipment must be
screened from public
view
Landscaping will be utilized to
screen equipment (A-11).
*Standards are based on CPD Zoning and the elimination of side yard setbacks next to public park uses as detailed below
50 CASE NO.: CUP-S-400MOD#1/GPA-2021- 0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
6 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) General Plan Amendment/Zone Change (GPA-2021-0002/Z-S-2021-0002)
The Applicant is applying for an amendment to the General Plan’s Land Use designation of the subject property from Neighborhood Park to General Commercial (Figure 5). This would allow the property’s zoning to be c hanged from Residential Medium (RM) to Commercial Planned Development (CPD). T he CPD zoning district is intended to encourage the development of at tractive, innovative, and efficient commercial sites containing a broad range of retail, office and service commercial uses. Religious facilities are permitted in the CPD Zoning District with the approval of a Conditional Use Permit.
Table 2 shows the site’s existing and proposed Land Use designation, zoning and use, and the same for the surrounding areas.
Table 2- Surrounding Zoning and Land Uses
GENERAL
PLAN
ZONING CURRENT
LAND USE
Subject Site: Existing:
Neighborhood
Park
Proposed:
General
Commercial
Existing:
Residential Medium
(RM)
Proposed:
Commercial Planned
Development (CPD)
Religious Facility
East: General
Commercial
Commercial Planned
Development (CPD)
El Patio Plaza –
Commercial uses
West: Neighborhood
Park
Residential Medium
(RM)
Houghton
Schreiber Park
North: Neighborhood
Park
Residential Medium
(RM)
Houghton
Schreiber Park
South: Residential
Medium Density
(3.6-5.0 du/ac)
Residential Medium
(RM)
Township
Avenue/Single
Family
Residences
beyond
The General Plan Amendment and Zoning Change would allow the property to utilize its front and side yards for parking, which is currently prohibited under the RM zoning.
51 CASE NO.: CUP-S-400MOD#1/GPA-2021- 0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
7 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) Figure 5 – Land Use designation change
The lot’s current Land Use designation is inconsistent with its zoning as detailed in Table LU-1 (Page 47 of Chapter 3 of the General Plan) and shown below in Figure 6. The only compatible zoning district with the Neighborhood Park General Plan designation is a park zoning district. The City does not currently have a park zoning district. The proposed General Plan Amendment and Zone Change would ensure consistency between the General Plan Land Use designation and zoning for the site itself and consistency with the adjacent commercial lot to the east.
52 CASE NO.: CUP-S-400MOD#1/GPA-2021- 0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
8 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) Figure 6 – Table LU-1: General Plan/Zoning Consistency Matrix
The Neighborhood Park General Plan land use designation is intended to meet the needs of residents and visitors for open areas of aesthetic value within a neighborhood and areas for active or passive recreation, usua lly for comparatively short periods of time.
Typically, these areas range in size from six to ten acres, and are intended to serve 2,500 to 5,000 residents living within a radius of approximately 0.5 mile from the designated park.
The RM zoning district is intended to provide for a suburban single-family residential environment with a range of parcel sizes and some clustering of parcels. The residential density in this zoning district may range from 3.6 to 5.0 units per acre. The maximum density is one dwelling per lot.
The site however is less than an acre in size, has never served as a park, and has been developed with a buildi ng and parking lot since 1966 as shown in Figure 7, which is an aerial image of the site from 1970.
53 CASE NO.: CUP-S-400MOD#1/GPA-2021- 0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
9 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) In effect, the project site cannot be utilized as a park due to the small size of the lot, nor can the site be used for a residential us e due to the underlyin g General Plan Land Use designation. The physical location and the existing building on the site makes it unsuitable for a suburban single-family use. The General Commercial General Plan Land Use designation and Commercial Planned Devel opment (CPD) zoning are the nearest adjacent land use and zoning to the project site that would be appropriate for the site.
Figure 7 – Historical Aerial from 1970 (Source: UCSB Library)
Zone Text Amendment (Z-S-2024-0001)
The Applicant is requesting a Te xt Amendment for portions of Ti tle 9 of the Simi Valley Municipal Code (SMVC), which apply to the site relating to modifications of setbacks between commercially zoned lots and public park uses. The requested modifications are SMVC Sections 9-26.040 - Commercial and Industrial District Ge neral Development Standards, Table 2-6 and 9-33.030 - Landscape Requirements as detailed in Exhibit D.
The proposed amendment would eliminate the need for a 10-foot landscape buffer and a side yard setback on commercial/industrial lots when located next to a public park use.
The requested Text Amendment would still keep in place these buffer requirements when the adjacent use is residential.
54 CASE NO.: CUP-S-400MOD#1/GPA-2021- 0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
10 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) The requested Zone Text Amendment s would allow the Applicant to utilize the existing building footprint from the original approval with an associated cost savings. The Applicant is also proposing a phased construction to allow the community to use a portion of the building while construction is going on, which would require that the building be on the same footprint. As ment ioned, the relevant SVMC sect ions still require landscape buffers and setbacks between residential us es and industrial and commercial uses and as such the buffering intent of the code will be maintained.
Traffic
A trip generation memorandum was prepared for the project by K2 Traffic Engineering, Inc. on September 15, 2023. At the project’s General Pl an Pre-screening hearing on January 27, 2020, concerns were raised by neighbors about potentia l traffic generation from the project and pedestrian and traffic safety in the area. The City Council requested the Applicant survey similar religious instit ution sites to develop a daily trip generation memorandum utilizing gross floor area of the project, prayer area square footage, and the per person capacity of the prayer area.
The trip generation memorandum analyzed three similar religious facilities in Newbury Park, North Hills, and Carson in comparison to the subject property. The memorandum indicated that the proposed project is anticipated to have a net trip generation of 24 trips in the PM peak hour and 237 total daily trip s with a low and negligible AM peak hour generation.
The City’s Traffic Engineer has determined that the existing roadway improvements are adequate for the proposed project’s traffic generation. Staff investigated the number of traffic incidents on Township Avenue between Tapo Street and Tapo Canyon Road from 2015 through to 2023 and two collisions were found to have occurred on this stretch in 9 years:
A collision between a bicyclis t and a vehicle on June 7, 2015 due to a right-of-way violation, which resulted in injury to the cyclist; and A collision involving two vehicles on May 19, 2019 due to improper turning and resulting in no injuries.
NEIGHBORHOOD COUNCIL
Executive Board of Neighborhood Council #1 heard the project on May 9, 2024 and was recommended denial by a vote of 5 Ayes; 4 Noes; 0 Abstentions. The audience vote was 3 Ayes; 4 Noes; 0 Abstentions. A summary of NC #1 meeting is attached as Attachment A.
Issues raised by the Neighborhood Council included:
- Traffic generated by the project and traffi c issues from the nearby baseball games and elementary school activities;
- Availability of parking spac es and street parking on Township Avenue by attendees to the religious institution;
55 CASE NO.: CUP-S-400MOD#1/GPA-2021- 0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
11 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) - Rate of expansion of membership of the religious institution; - Loudspeaker use for prayer time announcement via the minaret; and - Safety along Township Avenue.
ISSUES
Staff identified no issues with the proposed project.
ENVIRONMENTAL REVIEW AND CEQA REQUIREMENTS
Pursuant to CEQA (Public Resources Co de Section 21000 et seq.) and the CEQA Guidelines (Title 14, California Code or Regulations, Division 6, Chapter 3, Section 15000 et seq.), the proposed project is subject to environmental review.
Statutory exemptions are granted by the California Legislature for individual or classes of projects, and apply regardless of the environmental impacts of the project for state policy reasons. In contrast, categorical exemptions are classes of projects exempted from CEQA because the California Se cretary of Natural Resources has determined that they typically do not have substantial impac ts on the environment. The common sense exemption applies to projects that don’t necessarily fit withi n a statutory or categorical exemption, but “where it can be seen with certainty that t here is no possibility that the activity in question may have a significant e ffect on the environment,” the activity is exempt from CEQA (CEQA Guidelines Section 15051(b)(3).
Exemptions can be combined to exempt a project, and each exemption is not required to cover the whole project, as long as the whole project is covered by the combined exemptions. A Lead Agency cannot, however, “piecemeal” a project by separating it out into smaller pieces and utilizing multiple categorical exemptions to exempt each “piece”.
City staff has determined t hat a Common Sense Exempt ion and a Class 3 exemption apply to the components of the proposed project as discussed below.
Section 15061 – Common Sense Exception:
Pursuant to Section 15061(b)(3) a project is exempt from CEQA if “the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no po ssibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.”
The current General Plan Land Use designation for the site is Neighborhood Park. The site is zoned Residential Medium (RM). The City’s General Plan lis ts the compatible combination of Land Use designations and zones in Table LU-1 (Page 44 of Chapter 3 of the General Plan). The site has an incompat ible combination of Land Use designation and zoning pursuant to Table LU-1. The site has not served as a neighborhood park or a residential use since 1966. The proposed change to General Commercial Land Use designation and Commercial Planned Developm ent zoning will bring the site into 56 CASE NO.: CUP-S-400MOD#1/GPA-2021- 0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
12 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) conformance with the nearest Land Use designation and zoning to the east, which is compatible with the existing use of a religio us facility. The proposed change of general plan Land Use designation and zoning will not change the current use of the land nor allow a future use that is out of proportion to the existing uses to the east within the commercial shopping center and the existing neighborhood.
If the religious facility use was discontinued at the site, any proposed commercial use would be required to comply with the SVMC requirements for setbacks, parking, and landscaping, all of which were established to ensure compatibility between adjacent land uses. Any future change of use to a commercia l use will most likely require a demolition of the proposed religious facility and constr uction of a commercial building due to its unique layout. This process would be subject to additional CEQA review. A change of use that may have impacts, environmental or otherwise, on surrounding properties will have to go through a Conditional Use Permit application process as detailed in SVMC Section 9-52.070. Any change in use would also be subject to additional CEQA review. There will not be any loss of parkland, or potential residentia l square footage as the site has not been used as a park or a residential use since the original building was approved on the site in 1966.
As discussed above, the proposed changes are akin to a map correction both with regard to the general plan Land Use designation and zoning.
The SVMC would still require landscape buffers and setbacks between residential uses and industrial and commercial uses and, therefore, the “buffering” intent of the code will be maintained.
As such, it can be seen with certainty that there is no possibility that the proposed change to the General Plan Land Use designation, z oning, and the exempti on of parts of the project from the SVMC will have a significant effect on the environment.
Class 3, Section 15303 – New Construction or Conversion of Small Structures:
Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipmen t and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The nu mbers of structures described in this section ar e the maximum allowable on any legal parcel. In urbanized areas, the exemption also applies to up to four commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive.
The proposed project would qualify for a Class 3 Exemption as one 6,780-square-foot building is proposed to replace the existing 3, 055-square-foot building. The site is within an urbanized area and as such, meets the 10,000 square foot building size limit and four building limit that precludes the use of this exemption. All public services and facilities are 57 CASE NO.: CUP-S-400MOD#1/GPA-2021- 0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
13 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) available to the site, and t he surrounding area is not env ironmentally sensitive. The building’s use as a religious facility will not involve the use of hazardous substances.
Refer to Attachment B for a complete discussion of the CEQA exemptions and an analysis of exceptions to exemptions as required by CEQA Section 15300.2.
INDEX Page
Public Hearing Procedure ............................................................................................. 14 Resolution .................................................................................................................... . 17 Exhibit A: Legal Description .................................................................................... 24 Exhibit B: General Plan Amendment Description .................................................... 25 Exhibit C: Zone Ch ange Description ....................................................................... 26 Exhibit D: Zone Text Amendment Description ........................................................ 27 Exhibit E: Conditions for CUP-S-400 MOD#1 ......................................................... 29 Attachment A: Neighborhood Council Development Review Meeting Summary .......... 43 Attachment B: Notice of Exemption .............................................................................. 45 Exhibit 1: Reduced Exhibits (11” x 17”)
Exhibit 2: Traffic Study
58 14
CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg)
PLANNING COMMISSION PUBLIC HEARING PROCEDURE
HEARING DATE: May 22, 2024
CUP-S-400 MOD#1/GPA-2021-0002/Z-S-2021-0007/Z-S-2024-0001
1. CHAIRMAN: a) This is the time and place set for a public hearing on the consideration of CUP-S-400 MOD#1, GPA-2021-0002,
Z-S-2021-0007, Z-S-2024-0001, and the determination that the project is exempt from the California Environmental Quality Act therefor.
b) Are there any ex parte communications to report?
c) May we have an oral repor t on this matter by staff?
2. STAFF: (Report)
3. ANY
COMMISSIONER: (Questions of staff)
4. CHAIRMAN: We will open the public testimony portion of the hearing.
5. CHAIRMAN: Would the Applicant like to present the project?
6. CHAIRMAN: Are there any questions for the Applicant?
7. CHAIRMAN: Is there anyone in the Chamber wishing to be heard on this matter?
8. AUDIENCE: (Comments)
9. CHAIRMAN: a) Are there any comments from staff regarding statements made during the public hearing? (Check with Deputy Environmental Servic es Director/City Planner, and staff members in the audience.)
(b) Would the Applicant like to respond to any of the
comments regarding statements made during the public
hearing?
c) If there are no furthe r questions, we will close the public testimony portion of the hearing.
d) Are there any comments or questions from members
of the Planning Commission?
59 15
CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg)
10. ANY
COMMISSIONER: (Comments)
11. CHAIRMAN: May I please have a reading of the Resolution?
12. RECORDING
SECRETARY: (Reads Number and Title of Resolution)
13. CHAIRMAN: The Chair will now entertain a motion.
14. ANY
COMMISSIONER: I move to adopt a resolution recommending to the City Council approval of CUP-S-400 MOD#1, GPA-2021-0002,
Z-S-2021-0007, Z-S-2024-0001, and the determination that the project is exempt from the California Environmental Quality Act.
o r
I move to adopt a resolution denying the project.
[Staff will prepare the resolution for the Planning Commission to ratify at the next meeting.]
15. CHAIRMAN : A motion was made by Commissioner ___________.
16. CHAIRMAN : May I have a Second?
17. ANY
COMMISSIONER: I second the motion.
18. CHAIRMAN: Call for the vote.
19. RECORDING
SECRETARY: The motion (passes or fails).
60 16
CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg)
20. CHAIRMAN:
1) The appeal period fo r the Modification to the
Conditional Use Permit is 14 calendar days.
2) There is no Appeal period for the Zoning Text
Amendments, and the items will proceed to the
City Council with the Planning Commission’s
recommendation.
3) There is no Appeal period for the General Plan
Amendment, and the item will proceed to the City
Council with the Planning Commission’s
recommendation.
[NOTE: A minimum of th ree affirmative votes is
required for the PC recommendation to proceed to CC]
o r
21. ANY
COMMISSIONER: I move continuation of the matter until the meeting of ___.
o r
22. ANY
COMMISSIONER: I move continuation of the matter to a date uncertain.
23. CHAIRMAN: Proceed to the next item.
61 17
CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) RESOLUTION NO. SVPC 05-2024
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SIMI VALL EY RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF: (1) CONDITIONAL USE
PERMIT MODIFICATION (CUP -S-400 MOD #1); (2) A
GENERAL PLAN AMENDMENT (GPA-2021-0002); (3) A
ZONE CHANGE (Z-S-2021-00 07); AND (4) ZONE TEXT
AMENDMENT (Z-S-2024-0001) IN ORDER TO
CONSTRUCT A TWO-STORY RELIGIOUS INSTITUTION,
FOR A PROPERTY LOCATED AT 4343 TOWNSHIP
AVENUE; AND A DETERMINATION THAT THE PROJECT
IS EXEMPT FROM THE CA LIFORNIA ENVIRONMENTAL
QUALITY ACT
THE PLANNING COMMISSION RESOLVES AS FOLLOWS:
SECTION 1. The Planning Commission finds and declares that the Applicant, Nashat Mshaiel, on behalf of the Islamic Society of Simi Valley, requested a Modification to an existing Conditional Use Permit (CUP-S- 400 MOD #1), a General Plan Amendment (GPA-2021-0002) to change the Land Use designation from Neighborhood Park to General Commercial and a Zone Change (Z -S-2021-0007) to change the zoning map designation from Residential Medium Density (RM) to Commercial Planned Development (CPD) for a 0.64-acre site located at 4343 Township Avenue, de signated as Ventura County Assessor's Parcel No. 614-0-030-325 and by the legal description attached as Exhibit A; and a Zone Text Amendment (Z-S -2024-0001) to exempt the project from portions of Title 9 of the SVMC relating to modifications of setbacks standards and landscape buffers.
SECTION 2: Factual Findings and Conclusions. The Planning Commission finds as follows:
A. The application was prepared and review ed 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 envir onmental impacts under the California Environmental Quality Act (Califor nia Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgat ed thereunder (14 Ca lifornia Code of Regulations §§ 15000, et seq., the “CEQA Guidelines”), and the City’s Environmental Guidelines;
C. The Director completed the review and scheduled the public hearing regarding the application before the Planning Commission for May 22, 2024; D. On May 22, 2024, the Planning Commission held a public hearing to receive public testimony and other evidence regarding th e proposed project, including, without limitation, information provided to the Planning Commission by City staff and public testimony; and
62 RES. NO. SVPC 05-2024
18 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) E. This Resolution and its findings are m ade based upon the evidence presented to the Commission at its May 22, 2024, hearing including, without limitation, the staff report submitted by the Environmental Services Department.
F. General Plan Amendment Finding (General Plan, C hapter 1, page 1-17): The General Plan Amendment is in the public interest, is not detrimental to the public health, safety, and welfare, and is otherwise consistent with the General Plan, and the appropriate environmental review has been completed before acting on any request. The public interest is benefited by ensuring that the aging building that has been utilized as a religious facility since 1992 can be updated to continue to serve the community. The lot’s existing General Plan Land Use designation is not consistent with its zoning and neither are reflective of the property’s use for the past 50 years. The proposed General Plan amendment would ensure consistency with the nearest and most comparable Land Use designation and zoning of the lot to the east of the si te, of General Commercial and Commercial Planned Development (CPD).
Based on these factors, the Planning Commission, theref ore, finds the project complies with this General Plan Amendment finding.
G. Zone Change, Zone Text Amendments, and Conditional Use Permit Finding. The proposed use is consistent with the purpose, intent, goals, policies, programs, and Land Use designations of the General Plan. The proposed project is consistent with the following General Plan Policies:
a. LU-16.3 Religious Institutions. Regulate the location and use of religious institutions in and adjoining residentia l neighborhoods to pr event significant traffic, parking, noise, and other impacts. The proposed project would allow parking within the side and the front yard of the site, which would allow the building to be upgraded while ensuring sa fety requirements are met and the minimum of 42 spaces required per the City’s parking requirements in Simi Valley Municipal Code § 9-34.060 - Parking Space Requirements are met, protecting the residential neighborhoods to the south from traffic, parking, and other impacts.
b. Policy LU-21.7 Assembly Facilities. Encourage and support the development of assembly facilities for social, cultural, educational, and religious organizations in locations where they can be located, designed, and managed to assure compatibility with and the safety of adjoining uses. The site has been used as a religious facility since 1992 and the proposed project will allow the aging building to be replaced with a new fa cility, ensuring it can continue to serve the community with a design that is compatible with the neighborhood and the safety of adjoining uses.
c. Policy LU-5.4 Integration of N onresidential Uses in Neighborhoods. Buffer different land uses within a neighborhood fr om one another by walls, fences, trees, and landscaped greenbelts. The purpose of SVMC Section 9-33.030 - Landscape Requirements is to maintain a buffer between sensitive residential 63 RES. NO. SVPC 05-2024
19 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) uses and commercial and industrial uses. The proposed project and Zone Text Amendment will continue to fulfill the purpose of this “buffering” goal. The City’s parks have a General Plan Land Use designa tion of residential and require a separate “park” zoning due to their Land Use designation. The City, however, does not have park zoning district. The lot’s current General Plan Land Use designation, therefore, is inconsistent with its zoning as detailed in Table LU-1 (Page 47 of Chapter 3 of t he General Plan). The City is in the process of preparing a “park” zone and while this is in process, the proposed changes would ensure the Applicant is able to utilize their property to serve the community while the intent of the buffe ring requirement in the Municipal Code is fulfilled.
H.
Zone Change and Zone Te xt Amendments Finding. The applicable review authority shall state how it has considered the effect of this amendment on the housing needs of the region, has balanced these needs against the public service needs of its residents, and against available fiscal and environmental resources, in compliance with State law (Governm ent Code Section 65863.6). The General Plan Land Use designation of the site is Neighborhood Park, which does not allow residential uses. As such, the proposed Zone Change to General Commercial will not have an effect on the housing needs of the region. The religious institution use of the site in terms of intensity will remain largely unchanged. Any future commercial use of the property is unlik ely to generate any large changes to the housing needs of the region as the site is only 0.64 acres in size. The proposed Zone Text Amendments are limited to commercial and industrial zones and will not have an effect on the housing needs to the region.
I. Conditional Use Permit Finding. The proposed use is allowed with a Conditional Use Permit within the applicable zoning di strict and complies with all applicable provisions of the SVMC, in that the proposed use of a re ligious facility is allowed with a Conditional Use Permit in the proposed Commercial Planned Development (CPD) zoning district. The project is consistent with the SVMC’s maximum building height, maximum number of stories, minimum off-street parking, and landscaping standards. Setbacks for the project are met as based on the proposed CPD Zoning and the elimination of side yard setbacks next to public park uses pursuant to the proposed Zone Text Amendment.
J. Conditional Use Permit Finding. The project is consistent with the City-adopted design guidelines, in that staff evaluated t he project for conformance with the Citywide Design Guidelines (CDG) as follows:
i) The building will be “Champagne & Topaze” fiber cement panels or smooth plaster. This meets the CDG Chapter 2 Section E.1.6 recommendations for base wall colors which should be “s oft, subdued” colors (page 2-30) and that “no more than three colors should be used on any given façade” (page 2-31).
ii) The project incorporat es decorative metal grill elements within the building elevations which meets CDG Chapter 2 Section E.1.5 (page 2-29) which lists “decorative metal” as an encouraged material.
64 RES. NO. SVPC 05-2024
20 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) iii) The proposed building inco rporates a single-story element on the east side of the building with a two-story element on the west side of the building, which meets CDG Chapter 2 Section E.1.7, which encourages “combining one and two-story roof elements” (page 2-33).
K. Conditional Use Permit Finding. The design, location, operating characteristics, and size of the proposed use is compatible with the existing and future land uses in the vicinity, in terms of aesthetics, character, scale, and view protection, in that the scale of the building will be reduced by variation in the massing. The building at its highest point will be 35 feet tall, which is lowe r than the 48 feet maximum allowed in the CPD zone. The proposed bu ilding will be talle r than the 16,000 square foot El Patio Plaza on the east side, and an administrative building in the park, that contains stor age, offices and restrooms, on the west. The proposed building however, varies in height from 21 feet to 27 f eet, with the dome and minaret extending to 35 feet. The roofline as a result is broken up, reducing its massing. The building is further softene d by being setback 43 feet from the commercial buildings on the east and over 100 feet from the residences to the south. The proposed building covers less than 16 percent of the entire lot and with a width of 87 feet, leaves 40 percent of the lot width open. As such, the proposed building should not have adverse aesthetic impacts surrounding properties.
The proposed design and building colors provides a high design aesthetic and character with earth toned colors whic h is in character with the surrounding buildings. Parking for the religious inst itution, as requir ed by SVMC Section 9-
34.060, is met on site.
View protection is not applicable as the pr oject is being built on a flat lot on the valley floor. Therefore, it not altering natural topography (refe r to General Plan Policy NR-3.1), it is not within a visually sensitive area such as a hillside (refer to General Plan Policies NR-3. And NR-3.5), and the SVMC does not protect views from individual valley floor lots.
Thus, the proposed religious institution’s design, location, and size of the proposed use is compatible with the existing and future land uses in the vicinity, in terms of aesthetics, character, scale, and view protection.
L. Conditional Use Permit Finding. That the proper standards and conditions have been imposed, which protect the public health, safety, and welfare, in that the Applicant must obtain all required building permits from Building and Safety pursuant to the California Building Code and all required permits from the Ventura County Fire Protection District before occupancy. The Applicant must also provide a photometric plan to comply with minimu m illumination standards for the public parking areas per SVMC Section 9-30. 040 to ensure minimum illumination standards at nighttime are met, and t hat the illumination does not spill onto adjacent properties or create glare (Condition A-17). The project will need to meet stormwater retention needs as specified in Conditions *B-9, *B-10, *B-11 and *B-
12. The Planning Commission, therefore, finds that pub lic health, safety, and welfare are being protected with implementation of these design conditions. 65 RES. NO. SVPC 05-2024
21 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg)
SECTION 3: Environmental Assessment. Because of the facts set forth in Sections 1 and 2, the Director determined that the project is exempt from CEQA under CEQA Guidelines §15061 – Common Sense Exemption and CEQA Guidelines §15303 – New Construction or Conversion of Small Stru ctures (Class 3). The Director, therefore determined the project is exempt from further environmental review pursuant to CEQA § 15300, et. seq and pursuant to § 15062, and a Notice of Exemption has been prepared.
SECTION 4: Recommendations. The Planning Commission recommends that the City Council adopt the ordinances approving General Plan Amendment (GPA-2021-0002) set forth in attached Exhibit “B”; Zone Change (Z-S-2021-0007) set forth in attached Exhibit “C”; Zone Text Amendment (Z-S-2024-0001) set forth in attached Exhibit “D”; and CUP- S-400 MOD#1 subject to the Conditions of Approval attached as Exhibit “E”, (the “COA”); which are incorporated herein by reference.
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 ensur e the CUP 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 ent ire record relating to t he project. The findings and determinations constitute the independent fi ndings and determinations of the Planning Commission in all respects and are fully and completely supported by substantial evidence in the record as a whole.
SECTION 7: Limitations. The Planning Commi ssion’s analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project t hat absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the Planning Commission’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are the limitations on the City’s ability to solve what are in effect regional, state, and national problems and issues.
The City must work within the political fram ework within which it exists and with the limitations inherent in that framework.
SECTION 8: This Resolution will remain e ffective until superseded by a subsequent resolution.
66 RES. NO. SVPC 05-2024
22 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg)
SECTION 9: The Commission secretary is direct ed to mail a copy of this Resolution to any person requesting a copy.
PASSED and ADOPTED this 22
nd day of May 2024.
Attest:
__________________________ _______________ _______________ Claudia De Leon Allan C. Mann, Chairperson
Office Specialist II Planning Commission
Approved as to Form: Approved as to Content:
Algeria R. Ford, City Attorney
__________________________ _______________ _______________ Algeria R. Ford Sean Gibson
City Attorney Deputy Environmental Services Director/
City Planner
67 RES. NO. SVPC 05-2024
23 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 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 22, 2024, by the following vote:
AYES:
NAYS:
ABSTAIN:
ABSENT:
ATTEST:
___________________________
Claudia De Leon
Office Specialist II
68 RES. NO. SVPC 05-2024
EXHIBIT A
24 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg)
LEGAL DESCRIPTION
All that certain real property situated in the County of V entura, State of California, described as follows:
The Southerly 200 feet of the Westerly 145 feet of the East erly 445 feet of Lot 119, Subdivision No. 5 of the Tapo Ranch, in the City of Simi Valley, County of Ventura, State of California, as per map recorded in Book 8, Page 37 of Maps, in the Office of the County Recorder of said County.
APN: 614-0-030-325
69 RES. NO. SVPC 05-2024
EXHIBIT B
CASE NO.: CUP-S-400MOD#1/GPA-2021- 0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
25 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) General Plan Amendment No. GPA-2021-0002, to change the General Plan Land Use Map from Neighborhood Park to General Commercial for APN 614-0-030-325.
70 RES. NO. SVPC 05-2024
EXHIBIT C
CASE NO.: CUP-S-400MOD#1/GPA-2021- 0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
26 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) Zone Change No. Z-S-2021-0007, to change the Zoning classification and map of the subject site from Residential Medium Density (RM) to Commercial Planned Development (CPD) for APN 614-0-030-325.
71 RES. NO. SVPC 05-2024
EXHIBIT D
CASE NO.: CUP-S-400MOD#1/GPA-2021- 0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
27 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) Proposed Simi Valley Municipal Code Text Amendments (Z-S-2024-0001)
Amendments to the following sections of Title 9 of the SVMC are shown below. Revised code sections are shown as underlined text. Deletions are shown as strikethrough text.
Part 1
9-26.040 - Commercial and Industrial District General Development Standards
TABLE 2-6 - COMMERCIAL AND INDUSTRIAL DISTRICT GENERAL DEVELOPMENT
STANDARDS
Development
Feature
Requirement by Zoning District
CO CN CR CC CO
Sides (each)
Rear
None required when located adjacent to a non-residentially zoned parcel or public park use, otherwis e unless located adjacent to a residentially zoned parcel. In those cases, the setback shall be 20 ft, plus 1 additional ft for each ft or port ion thereof by which the structure exceeds 20 ft in height.
Development
Feature
Requirement by Zoning District
CPD CI BP Overlay LI GI
Sides (each)
Rear
None required when located adjacent to a non-residentially zoned parcel or public park use, otherwis e unless located adjacent to a residentially zoned parcel. In those cases, the setback shall be 20 ft, plus 1 additional ft for each ft or port ion thereof by which the structure exceeds 20 ft in height.
1) 9-33.030 - Landscape Requirement
I. Buffer landscaping requirements.
1. For any commercial or industrial ya rd next to residentially zoned property, excluding a public park use, a minimum of 10 feet of landscaping shall also be required adjacent to the residentially zoned property within the required setback area in compliance with Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards). A solid six-foot high masonry wall shall also be required along the common property line. Buffer requirements 72 RES. NO. SVPC 05-2024
CASE NO.: CUP-S-400MOD#1/GPA-2021- 0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
28 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) for mini-warehouse/self-storage facilit ies are contained in Section 9-
33.030.K. Buffer requirements for CR zones are contained in Section 9-
33.030.I.3.
73 RES. NO. SVPC 05-2024
EXHIBIT E
CASE NO.: CUP-S-400MOD#1/GPA-2021- 0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
29 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg)
PROJECT PERMIT CONDITIONS
The conditions marked with an asterisk (*) are Special Conditions applicable specifically to this permit. In the event of a conf lict between a Standard Condition and a Special Condition, the Special Condition will take precedence. T hese 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 co nditions 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 deem ed 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 SE RVICES CONDITIONS:
Planning Division:
A-1 This permit is granted for all of the buildings, roadways, parking areas, landscaping, lighting, colors and materi als, and other features which must be as shown on the formal application and exhibits specifically labeled as Sheet A-0 – Vicinity Map, Code, DW G Index; Sheet A-1 – Existing Plan; Sheet A-2 – Demolition Plan; Sheet A-3 – Site Plan; Sheet L-1 – Landscape Design Plan; Sheet A-4 – Ground Floor Plan; Sheet A-5 – Second Floor Plan; Sheet A-6 – Roof Plan; Sheet A-6.1 – Details – Roof Hatch/Ladder & Trash Enclosure; Sheet A-7 – North Elevation; Sheet A-8 – South Elevation; Sheet A-9 – East Elevation; Sheet A-10 – West Elevation; Sheet A-11 – Sections; Sheet A-12 – Visuals; Sheet A-13 – Materials; Grading Plan Sheet 5 of 11 – Fine Grading; dated March 20, 2023.
A-2 The approval of this project expires if the approved use is not commenced within three years from the date of th is approval, unless it is extended in accordance with the Simi Valley Municipal Code (“SVMC”).
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 gr anted by the City related to the development of the project or the environmental revi ew conducted under the California Environmental Quality Act, Public Resources Code § 21000, et seq., for the 74 RES. NO. SVPC 05-2024
CASE NO.: CUP-S-400MOD#1/GPA-2021- 0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
30 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) 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 SVMC.
A-4 This decision is not effective unt il 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 entitle ments granted by a development application, the Permittee acknowledges agreement with the conditions of approval.
A-5 Anything which is not shown on t he application/plans, or which is not specifically approved, or which is not in compliance with this CUP, is not approved. Any application and/or plans wh ich are defective as to, without limitation, omission, dimensions, scale, use, colors, materials, encroachments, easements, renders 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, st ate, and federal entit y; and all such requirements and enactments are incorporated by reference as conditions of this permit. The duty to determine which laws and regulations apply to the Permittee is the burden of the Permittee its assignees or successors in interest.
A-7 Permittee agrees that if any of the conditions or limitations of this permit are ruled invalid by a court of competent ju risdiction, that ruling will render this permit null and void.
A-8 Permittee must provide the Environmental Services Director with a copy of all conditions of approval recorded wit h the Ventura County Recorder's Office.
A-9 Permittee cannot attach signs, flags , pennants, streamers, or banners of any type to the light poles or landscaping.
A-10 Permittee must submit to the Direc tor for review and approval a trash and recycling enclosure plan. The Director will review the plan for compliance with the following criteria:
a. The enclosure must incorporate the same architectural treatment and use the same approved exterior colors and materials as the main building;
b.
The enclosure must incorporate an opaque gate and include a solid roof, which must be designed to preclude trash from being blown out of the trash and recycling bins;
75 RES. NO. SVPC 05-2024
CASE NO.: CUP-S-400MOD#1/GPA-2021- 0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
31 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) c. The height of the enclosure wa lls 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 a ccessed, the bins must be stored at all times within the enclosure with the gate closed.
A-11 Permittee must submit a utility plan to the Director for review and approval.
The plan must include:
a. Size and location of a ll above-ground utility cabinets and underground utility vaults for electric, telephone, cable communications, backflow prevention devices, and fire sprinkler pressure detector check valves;
b. Screening design and location for all above-ground utility equipment by masonry walls, landscaping, or a combination of both; c. A minimum of three feet of clear ance 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 Director 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-12 Permittee must retain a professional Native American monitor procured by the Fernandeño Tataviam Band of Mission Indians (“FTBMI”) to observe all ground-disturbing activities including, without limitation, excavating, digging, trenching, plowing, drilling, tunneling, quarrying, grading, leveling, clearing, driving posts, auguring, blasting, stripping topsoil or similar activity.
If cultural resources are encountered, the Native American monitor has the authority to request that ground-disturbing activities cease within 60 feet of discovery and a qualified archaeologist m eeting the Secretar y of Interior standards shall assess the find. Work on the portions of the Projects outside of the buffered area may continue during this assessment period.
A-13 Permittee must, in good faith, consult with the FTBMI on the disposition and treatment of any Tribal Cultural Resource, as defined by Public Resources Code Section 21074, encountered during all ground disturbing activities.
A-14 If human remains or funerary objec ts are encountered during any activities associated with the Projec t, work within a 100-foot buffer of the find must 76 RES. NO. SVPC 05-2024
CASE NO.: CUP-S-400MOD#1/GPA-2021- 0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
32 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) cease and the County Coroner must be contacted pursuant to Health and Safety Code §7050.5 and must determine th e origin and disposition of the remains. Inadvertent discoveries of human remains and/or funerary object(s) are subject to Health and Safety Code Section 7050.5, and the subsequent disposition of those discove ries must be decided by the Most Likely Descendant, as determined by the Native American Heritage Commission, should those findings be determined as Native American in origin.
A-15 Before the Building Official , or designee, conducts an occupancy inspection, Permittee must provide to the Director 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-16 Permittee must continually mainta in, repair and replace all structures, landscaping, irrigation equipment, sidewal ks, parking lot surfacing, and all other improvements within the project described in the approved plans.
A-17 Permittee must submit photometric and luminaire plans that comply with SVMC Section 9-30.040. The plans must demonstrate that all exterior light fixtures depicted on the plan have fully recessed lenses and cut-off features that limit illuminat ion 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-18 Approval of this project requires certain legislative determinations by the City Council. The approval of Conditional Use Permit CUP-S-400 MOD #1 is hereby expressly made contingent upon the approval of the General Plan Amendment (GPA-2021-0002), Zone Change (Z-S-2021-0007), and Zone Text Amendment (Z-S-2024-0001) by the City Council.
*A-19 Permittee must submit to the Deput y Environmental Services Director/City Planner for review and approval, revis ed plans at the construction phase that depict three bicycle parking spaces.
*A-20 Permittee must submit to the Deput y Environmental Services Director/City Planner for review and approval, a re vised site and landscape plan at the construction phase that depicts an additional landscape island with a minimum width of seven feet, on the nor thern side of the building adjacent to the Americans with Disabilities Access parking space.
77 RES. NO. SVPC 05-2024
CASE NO.: CUP-S-400MOD#1/GPA-2021- 0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
33 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) B. PUBLIC WORKS CONDITIONS:
Development
B-1 These Conditions of Approval supersede all conflicting notations, specifications, dimensions, and typica l sections which may be shown on development plans or exhibits. The Conditions stated herein must not be considered a comprehensive listing of all St ate and Municipal Code requirements. All of the following Cond itions, including the payment of all miscellaneous fees, must be completed before the Environmental Services Director issues a Zoning Clearance, unless other timing has been specified by the City Engineer.
B-2 Before issuance of a Grading Permi t by the Director of Public Works, Permittee must submit improvement plans on 24" x 36" sheets having the City's standard signature blocks. A ll 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 impr ovement plans for the entire project as one package. The plans must incl ude all project improvements shown on the approved project exhibits, including those required by these Conditions. Piecemeal subm ittal 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 permit’s issuance, all improvement plans and submittals must be accepted by the City Engineer, all applicable fees must be paid, all securities must be post ed, and insurance documentation must be provided in a form and amount acceptable to the City Engineer.
B-4 Before requesting a final inspection fo r 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 City Engineer.
B-5 Before occupancy, Permittee must complete all improvements per the accepted plans and approved conditions and must obtain acceptance for the improvements by the City Engineer.
78 RES. NO. SVPC 05-2024
CASE NO.: CUP-S-400MOD#1/GPA-2021- 0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
34 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) Grading
B-6 Before issuance of a grading permi t by the Director of Public Works, 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 Engineer, Permittee mu st submit a digital file of the report and all comments, responses, references, and supporting data to the City Engineer.
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 to the City Engineer.
B-8 Permittee must obtain a grading permi t, complete the grading according to the approved plans, and provide certific ations by the soils engineer and a California State Registered Civil Engineer to the City Engineer.
Storm Water Quality
*B-9 Before the City Engineer issues a grading permit, Permittee must submit to the City Engineer for review a final drainage study prepared by a California State Registered Civil Engineer. The drainage study must include hydrologic and hydraulic ca lculations to verify th e size of the underground stormwater treatment vault and the c apacity of all storm water drainage facilities on the site.
*B-10 Permittee must submit to the Cit y Engineer for review, and must execute and record upon approval, a Deed Rest riction Covenant and Agreement regarding Storm Drain and Stormwater Treatment Device Maintenance.
*B-11 Before the City Engineer issues a grading permit, Pe rmittee must prepare a Storm Water Pollution Prevention Plan and must incorporate permanent storm water quality treatment devices into the site improvements for review and approval by the City Engineer.
*B-12 Permittee must identify pollutant sources and must include design and recommended construction, implementation, and maintenance measures in order to eliminate or reduce the disc harges of pollutants from the project site to the public storm drain syst em during and after the construction period.
Undergrounding of Utilities
B-13 Permittee must design improvement s so that all existing and proposed utilities are underground.
79 RES. NO. SVPC 05-2024
CASE NO.: CUP-S-400MOD#1/GPA-2021- 0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
35 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) Traffic
*B-14 Permittee must design and construc t any landscaping to incorporate and provide for the minimum safe vehicle/driver sight distances at the project driveways, restrict the hei ght of any planting material to 30 inches or less within the driver's sight distanc e area per City St andard SV 20-130; in addition, no walls, berms, slopes, backflow prevention devices, on-site project monuments, signs, or other impediments to the driver's sight visibility are allowed within that restricted area, as determined by the City Engineer. Any proposed decorative pavement, on-site project monuments, or signs must be located outside of t he public right-of-way, as directed by the City Engineer.
*B-15 Permittee must design and reconstruct all project access driveways per City Standard SV 11-20, “Commercial Drivew ay Approach” to achieve current Americans with Disabilities Act Standards. Width of driveways must be per approved plan. Driveways must have minimum 15’ radius returns.
*B-16 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-17 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, to the satisfaction of the City Engineer.
*B-18 Permittee must pay the Traffic Impact Fee specified in the City of Simi Valley Schedule of Service Charges in effect at the time of payment prior to issuance of the Zoning Clearance by th e Environmental Services Director, as stated in the current Traffic Impact Fee Resolution. The total fee is based on daily vehicle trip ends, with the project forecast to generate 237 daily trip ends.
Sanitation Services
B-19 Permittee must construct all public se wer facilities in compliance with the Manual and Standard Plans for the Desi gn 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-20 Permittee must apply for, and obtain , a Sewer Will-Serve Letter from the Sanitation Services Division.
80 RES. NO. SVPC 05-2024
CASE NO.: CUP-S-400MOD#1/GPA-2021- 0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
36 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) B-21 Before issuance of a Sewer Will- Serve Letter, Permittee must pay all applicable sewer connection fees.
B-22 Permittee must receive approval from the Environmental Services Director for the construction of private on-site sewer facilities. On-site private sewer lines must be designed with a minimu m 2 percent slope per the latest California Plumbing Code.
Waterworks District No. 8
B-23 Permittee must design and construct all public water facilities to comply with the Rules and Regulations of Ventura County Waterworks District No. 8 (District), per Resolution No. WWD-2, and the Water Design and Construction Standards Manual adopted by the Board of Directors of the District on July 26, 2021, and subsequent revisions.
B-24 Permittee must apply for, and obtain, a Water Will-Serve Letter from the District prior to issuance of a Z oning Clearance by the Director of Environmental Services.
B-25 Before issuance of a Water Will-Serve Letter by the Public Works Director or Designee, the Permittee must submit a utility plan to the District for review and approval. The utility plan must depict all proposed domestic, irrigation, fire line connections, and backflow prev ention assemblies. The utility plan must also depict all existing water mains, fire hydrants, services and meters.
All water facilities must be labeled accordingly. Record drawings for water facilities may be obtained by contacting the Public Works Director or City Clerk’s offices.
B-26 Backflow prevention assemblies must be located on private property as close as practical to the meter, but no further than 10 feet from the public- right-of way or District’s easemen t, and screening must comply with Planning Division’s requirements detailed in Condition A-11.
B-27 Fire protection facilities must comp ly with the design requirements set by the Ventura County Fire Protection Department (VCFPD). The VCFPD Fire Chief or designee must review and appr ove the locations of existing and proposed fire hydrants on the utility plans before District approval.
B-28 Before issuance of a Water Will-Serve Letter by the Director of Public Works or designee, the Permittee must submit an approved VCFPD Form 625 with authorized signatures from the designated VCFPD and District officials. 81 RES. NO. SVPC 05-2024
CASE NO.: CUP-S-400MOD#1/GPA-2021- 0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
37 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) B-29 Before issuance of a Water Will-Serv e Letter, the Permittee must submit a Water Supply Fixture Unit Count in accordance with the latest version of the California Plumbing Code (CPC). Es timated Average Daily Demand must be determined through fixture counts for each existing/proposed building for each fixture based on the CPC.
B-30 Permittee must verify if the existi ng domestic meter has sufficient capacity to supply the added water demand for t he proposed project. If not, the Permittee must make the necessary upgrades in compliance with District’s standards.
B-31 Before the installation of land scaping or issuance of a Certificate of Occupancy by the Director of Environmental Services, whichever comes first, the Permittee must purchase and install domestic and irrigation water meters to the satisfaction of the Director of Public Works or designee.
B-32 Before issuance of a Water Will-Se rve Letter, the Permittee must pay the capital improvement charge for water se rvice. The estimated total fee is based on the domestic water meter size. Credits may apply and actual fees are determined at the time of paym ent prior to issuance of a Zoning Clearance by the Environmental Services Director.
Maintenance
B-33 Permittee must submit, to the Directo r of Public Works or designee, final Landscape and Irrigation Plans for the pr oject for review and approval.
Landscape and Irrigation Plans must include estimates and plan check and inspection fees. The project must conform to the Ventura County Waterworks No. 8 Conservation St andards, State of California AB1881 California Model Water Efficient Landscape Ordinance, and design requirements of SVMC sections 7-3.08 and 7-3.09.
B-34 Permittee must insure that the landscape and irrigation design plans include provisions for installing root barrier s (18 inches deep by 10 feet long, minimum), adjacent to back side of sidewalk, when planting on-site tree(s) within 10 feet of the public rights-of-way and public sidewalk.
B-35 Permittee must provide the Directo r of Public Works or designee with a design such that all landscaping wit hin the “Line of Sight” areas at driveways, does not exceed 30” maximum plant height at maturity.
82 RES. NO. SVPC 05-2024
CASE NO.: CUP-S-400MOD#1/GPA-2021- 0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
38 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) B-36 Permittee must screen all above ground ut ilities, such as check valves and transformers, which may be located adj acent to the right-of-way. Above ground utilities must be setback sufficiently, approximately 6-8 feet from the right-of-way, to allow adequate onsite screening from the roadway as determined by Director of Public Works or designee.
C. LANDSCAPING CONDITIONS:
C-1 Permittee must submit final land scape and irrigation plans, and supporting materials as outlined in the City of Simi Valley Final Landscape Plan Checklist, to the Deputy Environmental Services Director/City Planner for review and approval. The plans must:
a. Comply with the conceptual la ndscape plan as approved by the Planning Commission;
b. Comply with the recommendat ions of the City’s Consulting Landscape Architect, to ensure pl ans conform to the Planning Commission approval, the City’s Landscape Design Guidelines, and the 2015 State Model Water Effi cient 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. Depict all protected trees purs uant to Section 9-38.050 of the SVMC; g. Provide root barriers for all tr ees 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 exis ting native vegetation. All plant materials must be low-water use and cannot include any live turf areas. The plant palette cannot incl ude invasive plants as listed in the California Invasive Plant Council Invasive Plant Inventory. 83 RES. NO. SVPC 05-2024
CASE NO.: CUP-S-400MOD#1/GPA-2021- 0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
39 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) C-2 Permittee must protect and preserve all protected trees on the site from the date of this approval until t he final building inspection or the certificate of occupancy for the last building to be constructed, unless the Director grants a Tree Removal Permit authorizing the removal of the trees. Permittee must mitigate the loss of all protected trees , relocated trees, and trees identified on the Final Landscape Plan for the lifet ime of the permit, in compliance with SVMC Chapter 9-38 and the City's Landscape Design Guidelines.
C-3 Before the Building Official issues a Certificate of Occupancy or a Final Inspection request, whichever comes first, Permittee must:
a. Install all landscaping so as to be consistent with the approved landscape plans referred to in Condition C-1;
b. Require that the Applicant’s landscape arch itect be present during the final landscape inspection by the City and certify that the installation of landscape materials and irrigation systems are in compliance with the approved landscape plan; and
c. Provide the Deputy Environmenta l Services Director/City Planner with a completed Final Landscape Plan Checklist to the satisfaction of the Deputy Environmental Services Director/City Planner following completion of the landscape installation.
C-4 For the lifetime of this permit, Permittee must maintain landscaping in compliance with the following standards:
a. All tree pruning or thinning must conform to current arboricultural pruning guidelines including, without limitation, Tree Care Industry Association, ANSI A300 Standards;
b. Branches must be removed as needed and determined Director of Public Works or designee to allo w for a 14-foot vehicular path clearance and an eight-foot pedestrian path clearance; and c. Replace all dead or missing plants to comply with the approved landscape plan. The minimum replac ement size must be at least a 24” boxed tree or five-gallo n shrub/vine, or a one-gallon groundcover.
D. VENTURA COUNTY FIRE PROTECTION DISTRICT:
D-1 Permittee must comply with all current Ventura County Fire Protection District (VCPD) Ordinances, Codes, and Standards.
84 RES. NO. SVPC 05-2024
CASE NO.: CUP-S-400MOD#1/GPA-2021- 0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
40 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) D-2 Permittee must obtain approved VC FD Form 610 "Fire Permit Application” and Form 625 “Fire Flow Verification” before obtaining a building permit for any new structures or additions to existing 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.
D-4 Permittee must submit plans for water systems supplying fire hydrants and/or fire sprinkler systems, which cannot be located within a water purveyor’s easement, for review and approval by the VCFPD Fire Chief or designee before issuance of grading plans by the Public Works Director or designee and/or building permits by the Environmental Services Director or signing of Mylar plans, whichever is first. Plans must reflect only dedicated private fire service lines and associated appurtenances.
D-5 Permittee must submit two site plans to the Fire District for review and approval of access and location points of fire lanes. Before occupancy, all fire lanes must be posted “NO PARKING-FIRE LANE-TOW AWAY” in accordance with California Vehicle Code, the International Fire Code and current VCFPD Fire Lane Standards. All signs and/or Fire Lane markings must be within recorded access easements.
D-6 Permittee must provide approved tu rnaround areas for fire apparatuses when dead-end Fire Department access roads/driveways exceed 150 feet.
Turnaround areas cannot exceed a 5 per cent cross slope in any direction and must be located within 150 feet of the end of the access road/driveway.
Turnaround areas must not be used for parking and must always be kept free of obstructions. Permittee must post signs indicating turnaround areas as Fire Lanes in accordance with Fire District Fire Lane Standards.
D-7 Buildings housing Group A occupancies mu st front directly on or discharge traffic to a public street at least 20 f eet in width. The exit discharge to the public street must be a minimum 20-f oot wide right-of-way, unobstructed, and maintained only as exit dischar ge to the public street. The main entrance to the building must be locat ed on a public street or on the exit discharge.
D-8 Before construction, Permittee must s ubmit plans to the Fire District for placement of fire hydrants. On the submitted plans, Permittee must depict existing hydrants within 500-feet of t he development and indicate the type of hydrant, number, and size of outlets.
D-9 Permittee must install fire hydr ants and place them in service before beginning combustible construction and the hydrants must conform to the 85 RES. NO. SVPC 05-2024
CASE NO.: CUP-S-400MOD#1/GPA-2021- 0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
41 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) minimum standard of the City of Simi Valley Water Works Manual and the following:
Each hydrant must be a 6-inch wet barrel design and must have (1) 4- inch and (2) 2 ½ inch outlet(s);
The required fire flow must be achi eved at no less than 20-psi residual pressure;
Fire hydrants must be spaced 500-feet on center and located so that no Fire Department Connection must be farther than 150-feet from any one hydrant;
Fire hydrants must be set back in from the curb face 24-inches on center;
No obstructions, including walls, tr ees, light and signposts, meter, must be placed within three feet of any hydrant;
A concrete pad must be installed extending 18-inches out from the fire hydrant; and
Ground clearance to the lowest operating nut must be between 18 to 24 inches.
D-10 Permittee must provide all structures with an automatic fire sprinkler system in accordance with California Building Code and California Fire Code requirements, and current Ventura County Fire Ordinance at time of building permit application.
D-11 Permittee must install a fire alarm syst em in all buildings in accordance with the California Building Code and California Fire Code requirements.
END OF ALL CONDITIONS
86 RES. NO. SVPC 05-2024
CASE NO.: CUP-S-400MOD#1/GPA-2021- 0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
42 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg)
AFFIDAVIT
I, ________________, do hereby declare under penalty of perjury that I have Power of attorney on behalf of all proper ty owners of the subject applic ation and that all property owners accept all conditions imposed by the Planning Commission in its approval of CUP- S-400 MOD#1. 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________________________
87 NC 6/05-24(dsf)
Development Review Summary
Neighborhood Council No: 1
NC Meeting Date: May 9, 2024
Project No(s): CUP-S-400 MOD#1/GPA-2021-0002/Z-S-2021-0007/Z-S- 2024-0001
Project Description: A Modification to an existing Conditional Use Permit (CUP- S-400 MOD#1) to construct a two-story religious facility; a General Plan Amendment (GPA-2021-0002) to change
the land use designation of the project site from
Neighborhood Park to General Commercial; a Zone
Change (Z-S-2021-0007) from Residential Medium (RM)
to Commercial Planned Development (CPD); and a Zone
Text Amendment (Z-S-2024-0001) to amend portions of
the Title 9 of the Simi Valley Municipal Code to modify setback standards and landscape buffers; and a
determination that the project is exempt from the California Environmental Quality Act
Case Planner: Naren Gunasekera
______________________________________________________________________ Audience members asked questions and made comments relating to:
The support of the proposal, which included being part of the community for 35 years, raising two generations in Simi Valley, additional space is needed for Sunday school, presently using curtains to separate classes. Others stated concerns about traffic and parking on Township, increased traffic impacts, whether a traffic study has been done, and the anticipated expansion of membership as a result of the project.
The applicant responded to the above questions and comments as follows:
Membership growth is slow, the primary focus remains on enhancing the site for existing membership, specifically children, addressing the present challenge of separating classes with curtains, no traffic issues were identified by City staff, additional parking will be provided and has been deemed adequate for the site’s use, and will allow for continued use of the parking lot by neighboring uses.
Executive Board members asked questions and made comments relating to:
Facility capacity, loudspeaker usage for prayer times, building height, construction timeline, potential membership growth, property ownership, zoning changes, concerns about the safety of the street, potential traffic congestion, availability of parking spaces, 43 ATTACHMENT A
88 NEIGHBORHOOD COUNCILS DEVELOPMENT REVIEW SUMMARY
44 NC 6/05-24(dsf)
presence of sidewalks, exacerbation of traffic issues due to nearby baseball games, elementary school activities, competing opinions about architecture compatibility with neighborhood, addresses a need for the City’s Muslim community, current zoning could allow for medium residential apartments similar to intensity on Tapo and Alamo due to Housing Accountability Act and Density Bonus Law, the need to separate pre-existing traffic issues from the project, the same footprint is being used for the new structure, and no concerns that parking will be further impacted.
The applicant responded to the above questions and comments as follows:
There is no expectation of significant membership growth. The facility aims to provide a proper place for children to learn. There will not be loudspeakers announcing prayer time.
The dome keeps acoustic vibration inside the building. A traffic study was conducted and accepted by the City. Two more parking spaces added for a total of 43 parking spaces will accommodate the current capacity of 66 people. Although, there are 100 registered members that attend at intermittent times, services are scheduled to avoid peak times and accommodate surrounding uses. Friday prayer time is regularly adjusted to be over before the Elementary school releases. Congestion is primarily due to baseball and is attempted to be alleviated by allowing others to park in our lot when no religious services are occurring. It is not feasible to relocate due to cost making the proposed enhancements the most viable option. The building will be completed in two phases over approximately 18 months.
Upon conclusion of the discussion, the following motion was made by David Mosso and seconded by Carol Thomaier:
MOTION: Recommend to deny the request of a Modification to an existing Conditional Use Permit (CUP-S-400 MOD#1) to construct a two-story religious facility; a General Plan Amendment (GPA-2021-0002) to change the land use designation of the project site from Neighborhood Park to General Commercial; a Zone Change (Z-S-2021- 0007) from Residential Medium (RM) to Commercial Planned Development (CPD); and a Zone Text Amendment (Z-S-2024-0001) to amend portions of the Title 9 of the Simi Valley Municipal Code to modify setback standards and landscape buffers; and a determination that the project is exempt from the California Environmental Quality Act as presented
Executive Board vote: 5 Ayes; 4 Noes; 0 Abstentions Audience vote: 3 Ayes; 4 Noes; 0 Abstentions Unincorporated Area vote: None
The motion carried.
89 NOTICE OF EXEMPTION
To: County Clerk From: City of Simi Valley
County of Ventura 2929 Tapo Canyon Road
800 S. Victoria Avenue Simi Valley, CA 93063
Ventura, CA 93001
Project Title: CUP-S-400 MOD#1
Project Location - Specific: 4343 Township Avenue (APN: 614-0-030-325)
Project Location - City: Simi Valley Project Location - County: Ventura
Description of Project: A Modification to an existing Condition al Use Permit (CUP-S-400 MOD#1) to construct a two-story religious facility; a General Plan Amendment (GPA-2021-0002) to change the land use designation of the projec t site from Neighborhood Park to General Commercial; a Zone Change (Z-S-2021-0007) from Residential Medium (RM) to Commercial Planned Development (CPD); and a Zone Text Amendment (Z-S-2024-0001) to amend por tions of the Title 9 of the Simi Valley Municipal Code relating to modifications of setbacks between commercially zoned lots and public park uses
Name of Public Agency Approving Project: City of Simi Valley 05/22/2024 Date of Approval
Name of Person or Agency Carrying Out Project:
Islamic Society of Simi Valley (Nashat Mshaiel)
Exempt Status: (check one)
Ministerial [Sec. 21080(b)(1); 15268];
Declared Emergency [Sec. 21080(b)(3); 15269(a)];
Emergency Project [Sec. 21080(b)(4);15269(b)(c)];
X Categorical Exemption - State type and section number: Class 3, 15303 Statutory Exemptions - State code number:
X Common Sense [Sec. 15061(b)(3)]
Text of exemption and reasons why project is exempt:
See next page for details.
Lead Agency Contact Person: Naren Gunasekera Area Code/Telephone (805) 583-6863
Signature: Date: 05/22/2024 Title: Senior Planner Naren Gunasekera Dept. of Environmental Services
X Signed by Lead Agency
ATTACHMENT B
45 90
California Environmental Quality Act (CEQA) Exemption
CUP-S-400 MOD#1/GPA-2021-0002/Z-S-2021-0007/Z-S-2024-0001 – 4343 Township Avenue, Simi Valley
Pursuant to CEQA (Public Resources Code Section 21000, et seq.) and the CEQA Guidelines (14 California C ode of Regulations Section 15000, et seq.), the proposed project is subject to environmental review.
Project Description
The project is for the propos ed replacement/modification of an existing religious facility including the addition of a second floor. Also included is a General Plan Amendment from Neighborhood Park to General Commercial and a Zone Change from Residential Medium (RM) to Commercial Planned Development (CPD).
CUP-S-400 MOD#1
The existing single story, 3,055 square foot building, was permitt ed and constructed in 1966. A Conditional Use Permit (CUP-S-400) was approved on February 5, 1992 by the City of Simi Valley’s Planning Commission for the use of the site as a religious facility.
The Green Crescent of Simi Valley also known as the Islamic Society of Simi Valley has owned the site since 2012.
The proposed Conditional Use Pe rmit Modification would allow for the demolition of the existing building and the cons truction of a two-story, 6, 780-square-foot building. The proposed building will have the following components:
- 1,470 square feet main prayer hall and 510 square foot reception on the first floor; - 1,935 square feet of rest rooms, kitchen, office, and a library on the first floor; - A 665 square-foot entry lobby on the first floor; and - 2,200 square feet of classrooms for relig ious instruction and offices on the second floor.
GPA-2021-0002/Z-S-2021-0007
The project includes a request to change the General Plan Land Use designation from Neighborhood Park to General Commercial on the 0.64-acre site located at 4343 Township Avenue as well as a request for a Zone Change from Residential Medium (RM) to Commercial Planned Development (CPD).
The General Plan Land Use map currently designates the site as Neighborhood Park, which is a Land Use designation intended to m eet the need for open areas of aesthetic value within a neighborhood and to allow acti ve or passive recreation, usually for comparatively short periods of time, to residents and visitors. Typically, they range in size from six to ten acres and are intended to serve from 2,500 to 5,000 residents living within a radius of approximately 0.5 mile. However, the site has not served as a neighborhood 46 91
park or a residential use since 1966. As detailed in Table LU-1 (Page 44 of Chapter 3 of the General Plan), the current land use desi gnation is not compatib le with the parcel’s zoning of Residential Medium (RM).
Zone Text Amendment (Z-S-2024-0001)
The applicant is requesting to amend portions of Title 9 to the Simi Valley Municipal Code (SMVC) relating to modifications of setbacks between commercially zoned lots and public park uses. The modifications are to SMVC Sections 9-26.040 - Commercial and Industrial District General Development Standards, Table 2-6 and 9-33.030 - Landscape Requirements as detailed in Exhibit D. The proposed changes would eliminate the need for a 10 foot landscape buffer and a side yard setback on commercial/industrial lots when next to a public park use. This change still keeps in place these buffer requirements when the adjacent use is residential.
CEQA Guidelines Section 15061(b)(3) – Common Sense Exception:
Pursuant to CEQA Guidelines Section 15061(b)(3) a project is exempt from CEQA if ‘the activity is covered by the common sense ex emption that CEQA appl ies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.’
The lot’s current land use designation is inconsistent with its zoning as detailed in Table LU-1 (Page 47 of Chapter 3 of the General Plan) and shown below in Figure 1. The only compatible zoning district with the Neighborhood Park is a Park zoning district. The City does not currently have a Park zoning district. The changes would ensure consistency between the land use designation and zoning for the site itself and consistency with the adjacent commercial lot on the east.
47 92
Figure 1 – Table LU-1: General Plan/Zoning Consistency Matrix
The Neighborhood Park Land Us e designation is intended to meet the need for open areas of aesthetic value within a neighborhood and to allow active or passive recreation, usually for comparatively short periods of ti me, to residents and visito rs. Typically, they range in size from six to ten acres, and are intended to serve from 2,500 to 5,000 residents living within a radius of approximately 0.5 mile.
The RM zoning district is intended to provide for a suburban single-family residential environment with a range of parcel sizes and some clustering of parcels. The residential density in this zoning district may range from 3.6 to 5.0 units per acre. The maximum density is one dwelling per lot.
The site however is less than an acre in size and has been developed with a building and parking lot since 1966 as shown in Figure 2, which is an aerial image from 1970. 48 93
Figure 2 – Historical Aerial from 1970 (Source: UCSB Library)
If the religious facility use was discontinued at the site, any proposed commercial use would be required to comply with SVMC requirements for setbacks, parking and landscaping, all of which are established to ensure compatibility between adjacent land uses. Any future change of use to commercia l use will require t he demolition of the proposed religious facility and construction of a commercial building. This process would be subject to additional CEQA review. A change of use that may have impacts, environmental or otherwise, on surr ounding properties, will have to go through a Conditional Use Permit application process as detailed in SVMC Section 9-52.070. This would also be subject to additional CEQA review. There will not be any loss of parkland, or potential residential square footage as the site has not been used as a park, or a residential use since the original building was approved on the site in 1966.
The use of a common sense exemption for a general plan/zoning change has precedence with Muzzy Ranch Co. v. Solano County Airport Land Use Commission (2007) 41 Cal. 4th 372 where a county adoption of a plan that embraced existing development restrictions was deemed to qualify for the exem ption as it was cons istent with existing general plan and zoning designations and development controls. As discussed above, the proposed changes are akin to a map correction both with regard to land use designation and zoning.
49 94
The zone text amendments proposed are mi nor and the change to the landscaping and setback standards will not create a signific ant impact on the environment. The revised development code sections would still requi re landscape buffers and setbacks between residential uses and industrial and commercial us es and as such the ‘buffering’ intent of the code will be maintained.
It can be seen with certainty that there is no possibility that the proposed change to the General Plan Land Use designati on, zoning and the changes to the development code will have a significant effect on the environment.
CEQA Guidelines Section 15303 – New C onstruction or Conversion of Small Structures (Class 3 Exemption):
Class 3 Exemptions consist of the construc tion and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exte rior of the structure. The number of structures described in this section are th e maximum allowable on any legal parcel. In urbanized areas, the exemption also applies to up to four commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive.
The proposed project would qua lify for a Class 3 Categoric al Exemption as one 6,780 square-foot building is proposed to replace the existing 3,055 square-foot building. The site is within an urbanized area and as such , meets the 10,000 square foot building size limit and four building lim it that precludes the use of this exemption. All public services and facilities are available to the site, and the surrounding area is not environmentally sensitive. The building’s use as a religious facility will not in volve the use of significant amounts of hazardous substances.
ANALYSIS OF EXCEPTIONS TO EXEMPTIONS, SECTION 15300.2:
(a) Location: Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located – a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, exc ept where the project may impact on an environmental resource of haz ardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies.
The project site is within an urbanized part of the City where the nearest natural habitat with potentially sensitive habitat types of spec ial-status species is approximately 2,700 feet to the north. Based on a site visit there are no natural features or vegetation present 50 95
on the project site and is surrounded by urban uses, roads, and a park. No natural vegetation that could provide substantial habitat for wildlife will be impacted by the project.
According to the Wetlands Inventory Maps fr om the US Department of the Interior, the project site does not contain any wetlands. The site inspection did not reveal any hydrology, soils, or substantial vegetation t hat would indicate t he presence of wetlands within or adjacent to the construction area. No natural vegetation is present on site that could provide substantial habitat for migratory birds. There are no water sources within or immediately adjacent to the pr oject area. The Arroyo Simi is over 1.5 m iles from the southernmost end of the project. The project will meet all required standards for NPDES and SQUIMP Permits as required by ordinance. A search of the California Dept. of Toxic Substances Control “Envirostor” database indicated that there are no land uses that use, or store hazardous materials or clean-up sites in or near the project within or immediately adjacent to the project construction area.
Therefore, this exception to the categorical exemptions does not apply.
(b) Cumulative Impact: All exemptions for these classes are inapplicable when the cumulative impact of successive projects of t he same type in the same place, over time is significant.
The Planning Division’s latest Quarterly Development Summary for the second quarter of 2023 indicates that there are no pending or reasonably foreseeable probable future projects of the same type planned for the subject area or its surroundings.
Therefore, this exception to the categorical exemptions does not apply.
(c) Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.
The site has been developed since 1966 and the religious facility has been in operation since 1992. The proposed redevelopment of the site to replace the aging building meets the development standards required in th e SVMC. The proposed redevelopment is consistent with the City of Simi Valley Gener al Plan’s goals and policies and would not cause any conflict with any land use plan, policy or regulation.
The City’s Traffic Engineer has determined that the project will not have transportation impacts with regard to vehicle miles traveled (VMT).
51 96
The project site is adjacent to a commercially zoned and developed parcel with an existing shopping center to the east. This parcel contains development that is similar in scale to the proposed project. Additionally, the project is bounded by the Houghton Schreiber Park to the west and north, and Township Avenue and existing single-family residences and religious institutes to the south. The proposed project is in scale and compatible with the surrounding uses.
Thus, the project’s use and physical devel opment would be compatible with the surrounding existing development and the planned industrial use of the site. No potentially significant effects on the environment have been identified, and no unusual circumstances apply.
With regard to potential cultural resources, the project approval will incorporate conditions that require the Applicant to have the Fernandeño Tataviam Band of Mission Indians (FTBMI) monitor grading activities and cons ult with the tribe on the disposition and treatment of any Tribal Cultural Resource encounter ed during all ground-disturbing activities.
Therefore, this exception to the categorical exemptions does not apply.
(d) Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.
The project site does not contain any scenic resources and no scenic highways or scenic resource areas are located in the vicinity of the project site. There is no public viewshed of scenic resources on or near the project site that would be adversely affected by the project. Development would occur within currently developed areas and would result in similar conditions as the existing baseline.
Therefore, this exception to the categorical exemptions does not apply.
(e) Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any li st compiled pursuant to Section 65962.5 of the Government Code.
Pursuant to a search of the California Dept . of Toxic Substances Control “Envirostor” database and research of the files within the Planning Division, the project location is not located on the State of Ca lifornia list of identified haz ardous waste or hazardous substance sites.
Therefore, this exception to the categorical exemptions does not apply.
52 97
(f) Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.
There are no historic resources that exist on the project site that are included in a local register of historic resource s, as defined in Sect ion 5020.1(k) of the Public Resources Code (PRC). There are no structur es or uses on site that are eligible for listing in the California Register of Historical Resour ces. Based on these findings, the proposed project would have no impacts, project-specific or cumulative, on historic resources.
With regard to potential cultural resources on the previously graded and developed site, the project approval will incorp orate conditions that require the Applicant to have the Fernandeño Tataviam Band of Mission Indians (FTBMI) monitor grading activities and consult on the disposition and treatment of any Tribal Cultural Resource encountered during all ground-disturbing activities.
Therefore, this exception to the categorical exemptions does not apply.
53 98
REDUCED EXHIBITS
EXHIBIT 1
99 VICINITY MAP
SITE AREA = 28,275 sf
BUILDING AREA
EXISTING STRUCTURE
• OFFICE, KITCHEN & RESTROOMS = 1,048 +/- sf
• MAIN HALL AREA = 2,007 +/- sf
TOTAL EXISTING BUILDING = 3,055 gsf
NEW REPLACEMENT AREA
• GROUND FLOOR: = 4,580 sf
MAIN HALL & RECEPTION = 1,980 sf
LIBRARY, KITCHEN, TOILETS, OFFICE = 1,935 sf
ENTRY LOBBY = 665 sf
• 2ND FLOOR:
CLASS ROOMS, OFFICE = 2,200 sf
= 6,780 sfTOTAL REPLACEMENT AREA
ZONING:
EXISTING: MEDIUM DENSITY (RM)
PROPOSED: COMMERCIAL PLANNED DEVELOPMENT (CPD)
• BUILDING CODE: TYPE 5-1-HOUR
• PARKING REQUIRED PER CODE
• MAIN PRAYER HALL: 1,470 sf / 35 = 42 CAR SPACES
TOTAL PARKING SPACES REQUIRED = 42 CAR SPACES
TOTAL PARKING PROVIDED = 43 CAR SPACES
• STANDARD PARKING (9’-0” x 18’-0”) = 41 CAR SPACES
• HANDICAP PARKING (9’-0” x 18’-0”) = 2 CAR SPACES
LOT COVERAGE AREA (NEW)
• NEW BUILDING AREA = 4,400 sf (15.56%)
• LANDSCAPE AREA = 4,215 sf (14.90%)
• PARKING AREA = 19,660 sf (69.54%)
LOT AREA: 0.66 ACRES GROSS
0.64 ACRES NET
LOT COVERAGE AREA (EXISTING)
TABLE FOR ZONING & GENERAL PLAN
• EXISTING 1-STORY BLDG = 3,055 sf
ZONING
GENERAL PLAN DESIGNATION
OF SUBJECT PARCEL
EXISTING
RESIDENTIAL
MEDIUM DENSITY
(RM)
COMMERCIAL
PLANNED
DEVELOPMENT
(CPD)
NEIGHBORHOOD
PARK
RESIDENTIAL
MEDIUM DENSITY
(RM)
TO THE NORTH
WEST & SOUTH
COMMERCIAL
PLANNED
DEVELOPMENT
(CPD) TO THE EAST
NEIGHBORHOOD
PARK TO NORTH,
WEST & SOUTH.
GENERAL
COMMERCIAL
TO THE EAST
GENERAL
COMMERCIAL
PROPOSED EXISTING PROPOSED
(10.81%)
• LANDSCAPE AREA = 1,435 sf (5.07%)
• PARKING AREA = 23,785 sf (84.12%)
DRAWING INDEX
A-0
A-1
A-2
A-3
L -1
A-4
A-5
A-6
A-7
A-8
A-9
A-10
A-11
A-12
VICINITY MAP, CODE, DWG INDEX
EXISTING PLAN
A-0.1 SHEET INDEX, LEGENDS
DEMOLITION PLAN
SITE PLAN
LANDSCAPE PLAN
GROUND FLOOR PLAN
SECOND FLOOR PLAN
ROOF PLAN
A-6.1
DETAILS - ROOF HATCH/LADDER & TRASH ENCLOSURE
NORTH ELEVATION
SOUTH ELEVATION
EST ELEVATION
WEST ELEVATION
SECTIONS
VISUALS
A-13 MATERIALS
LEGAL DESCRIPTION
PARCEL: (APN: 614-0-030-325)
ASSESSOR’S PARCEL NO. 32 IN THE CITY OF SIMI VALLEY.
AS PER RECORDED MAP NUMBERS 614-03, IN THE OFFICE
OF VENTURY COUNTY ASSESSOR’S MAP.
PROJECT DESCRIPTION
REPLACEMENT OF THE EXISTING ISLAMIC CENTER OF
SIMI VALLEY WITH A REDESIGNED TWO-STORY BUILDING
WITH A PRAYER HALL, OFFICES, LIBRARY AND SUNDAY
SCHOOL CLASSROOMS, LOCATED AT 4343 TOWNSHIP
AVENUE, SIMI VALLEY, CALIFORNIA.
OPERATION SCHEDULE
A. OPEN FOR 5 TIMES PRAYERS IN MORNING,
AFTERNOON & EVENING.
B. CLASSROOMS
MON-FRI: 3PM TO 5PM
SATURDAY: 10AM TO 5PM
SUNDAY: 10AM - 5PM
Assessor’s Parcel No.
ISSUED FOR DESIGN REVIEW
RE-SUBMITTAL FOR DESIGN REVIEW
9/26/19
1/20/20
ISLAMIC SOCIETY
CITY OF SIMI VALLEY
PROJECT NO.
CUP-S-400 MOD #1
CITY OF SIMI VALLEY
OF SIMI VALLEY
4343 TOWNSHIP AVE, SIMI VALLEY, CALIFORNIA
GREEN CRESCENT OF SIMI VALLEY
ISLAMIC SOCIETY OF SIMI VALLEY
(805) 328-4778
APN: 614-0-030-325
VICINITY MAP, CODE, DWG INDEX
A-0
RE-SUBMITTAL FOR DESIGN REVIEW12/15/21
RE-SUBMITTAL FOR DESIGN REVIEW9/26/22
RE-SUBMITTAL FOR DESIGN REVIEW4/07/23
City of Simi Valley - Environmental Services
Department
Planning Division
Date: March 20, 2024
Project Number: CUP-S-400 (MOD#1)
EXHIBIT 1
100
TOWNSHIP AVENUE
145’
195’
01 0 52 0 f t
EX PATIO
AREA: 920 SF NET
EXT ROOM
AREA: 160 SF NET
EXT KITCHEN
AREA: 140 SF NET
EXT LIBRARY
AREA: 408 SF NET
OFFICE
EXT MEN
RESTROOM
AREA: 70 SF NET
RESTROOM
AREA: 78 SF NET
EXT WOMEN
EXT PRAYER HALL
AREA: 1,380 SF NET
EXT LOBBY
AREA: 480 SF NET
EXISTING
MONUMENT
SIGN
COMMERCIAL
PARK
PARK
PROPERTY LINE
PROPERTY
LINE
EXISTING
BLOCK WALL
6’-0” HIGH
87’-8”
47.20’
62.10’
LOT AREA = 28,275 sf
LOT COVERAGE AREA FOR EXISTING
• EXISTING 1-STORY BLDG = 3,055 sf (10.81%)
• LANDSCAPE AREA = 1,435 sf (5.07%)
• PARKING AREA = 23,785 sf (84.12%)
CITY OF SIMI VALLEY
PROJECT NO.
CUP-S-400 MOD #1
CITY OF SIMI VALLEY
Assessor’s Parcel No.
ISSUED FOR DESIGN REVIEW
RE-SUBMITTAL FOR DESIGN REVIEW
9/26/19
1/20/20
ISLAMIC SOCIETY
OF SIMI VALLEY
4343 TOWNSHIP AVE, SIMI VALLEY, CALIFORNIA
GREEN CRESCENT OF SIMI VALLEY
ISLAMIC SOCIETY OF SIMI VALLEY
(805) 328-4778
APN: 614-0-030-325
A-1
EXISTING PLAN
1/8” = 1’
RE-SUBMITTAL FOR DESIGN REVIEW12/15/21
RE-SUBMITTAL FOR DESIGN REVIEW9/26/22
RE-SUBMITTAL FOR DESIGN REVIEW4/07/23
49’-6”
23’-4”74’-6”
40’-6”
City of Simi Valley - Environmental Services
Department
Planning Division
Date: March 20, 2024
Project Number: CUP-S-400 (MOD#1)
101
TOWNSHIP AVENUE
145’
195’
01 0 52 0 f t
EXISTING
TO REMAIN
EXISTING
TO BE DEMOLISHED
(PHASE 1)
(PHASE 2)
EXISTING
MONUMENT SIGN
TO BE RELOCATED
EXISTING TREES
TO KEEP (3)
COMMERCIAL
PARK
PARK
PROPERTY LINE
PROPERTY
LINE
EXISTING
BLOCK WALL
6’-0” HIGH
87’-8’
47.20’
49’-6”
40’-6”
52’-0”
23’-4”74’-6”
62.10’
LOT AREA = 28,275 sf
LOT COVERAGE AREA FOR EXISTING
• EXISTING 1-STORY BLDG = 3,055 sf (10.81%)
• LANDSCAPE AREA = 1,435 sf (5.07%)
• PARKING AREA = 23,785 sf (84.12%)
Assessor’s Parcel No.
ISSUED FOR DESIGN REVIEW
RE-SUBMITTAL FOR DESIGN REVIEW
9/26/19
1/20/20
ISLAMIC SOCIETY
OF SIMI VALLEY
4343 TOWNSHIP AVE, SIMI VALLEY, CALIFORNIA
GREEN CRESCENT OF SIMI VALLEY
ISLAMIC SOCIETY OF SIMI VALLEY
(805) 328-4778
APN: 614-0-030-325
A-2
DEMOLITION PLAN
1/8” = 1’
RE-SUBMITTAL FOR DESIGN REVIEW12/15/21
RE-SUBMITTAL FOR DESIGN REVIEW9/26/22
RE-SUBMITTAL FOR DESIGN REVIEW4/07/23
CITY OF SIMI VALLEY
PROJECT NO.
CUP-S-400 MOD #1
CITY OF SIMI VALLEY
City of Simi Valley - Environmental Services
Department
Planning Division
Date: March 20, 2024
Project Number: CUP-S-400 (MOD#1)
102
195’
200’
145’
PROPERTY LINE
SIDE WALK
EXISTING BULDING
TRASH
BIN
10’
4’
55’-0”
40’-0”
61’
ADA
VAN
25’
7’
43’
25’18’
10’
9’
16’
PATH O TRAVEL
69’
34’
IRE DEPARTMENT
TURN AROUND
25’
20’
20’
20’5’
25’
79’
25’
24’ 5’
DECORATIVE
CONCRETE
PATIO
7’ 7’
7’
9’
7’
7’
9’
18’
NEW MONUMENT
SIGN LOCATION
EIXSISTING TREE
TO KEEP
EIXSISTING TREE
TO KEEP (3)
LANDSCAPERt S A IRRIGATION
2’
6’
9’
4’
7’
CURB
RAMP
OOD WARMING
KITCHEN
LIBRARY
ENTRY
LOBBY
ENTRANCE
ENTRANCE
MECH
PRAYER AREA
RECEPTION
AREA
OI C E
OCCUP.
B
TOILET
(WOMEN)
TOILET
(MEN)
UP
OCCUP.
A-3
OCCUP.
A-2
. . 1070.74’
18”
18”
18”
6’
4’ 3’
4’
18”
18”
18”
18”
18”
18”
PHASE-2 PHASE-1
PROPERTY
LINE
EXISTING
BLOCK WALL
6’-0” HIGH
Assessor’s Parcel No.
GREEN CRESCENT OF SIMI VALLEY
ISLAMIC SOCIETY OF SIMI VALLEY
(805) 328-4778
ISLAMIC SOCIETY
OF SIMI VALLEY
4343 TOWNSHIP AVE, SIMI VALLEY, CALIFORNIA
ISSUED FOR DESIGN REVIEW
RE-SUBMITTAL FOR DESIGN REVIEW
9/26/19
3/02/20
REVISION3/16/20
APN: 614-0-030-325
A-3
SITE PLAN
1/8” = 1’
RE-SUBMITTAL FOR DESIGN REVIEW12/15/21
RE-SUBMITTAL FOR DESIGN REVIEW9/26/22
RE-SUBMITTAL FOR DESIGN REVIEW4/07/23
CITY OF SIMI VALLEY
PROJECT NO.
CUP-S-400 MOD #1
CITY OF SIMI VALLEY
21’
18’
18’
9’
11’
5’
18’
10’
P L t P
14’-0”
(t )
26’
10’
7’
2’-0” W P t A f S
L S t
S E t
S t A-6.1
M t tt t
t 33’-0”
4’-0” C t W
23’
10’
4’ 6’
4’6’
55’-0”
54’-0”
87’-0”43’-0”
7’
7’
7’
6’
4’
TOWNSHIP AVENUE
FIRE DEPARTMENT
GRAPHIC SYMBOL AND LEGENDS
TURN AROUND AREA
LANDSCAPE AREA
DECORATIVE CONCRETE
EXISTING BUILDING
NEW BUILDING
PARKING LOT LIGHT
LOT AREA = 28,275 sf
LOT COVERAGE AREA (NEW)
•
NEW BUILDING AREA = 4,400 sf (15.56 %)
• LANDSCAPE AREA = 4,215 sf (14.90 %)
• PARKING AREA = 19,660 sf (69.54 %)
LOT COVERAGE AREA (EXISTING)
) % 1 8 . 0 1 ( f s 5 5 0 , 3 = G D L B Y R O T S - 1 G N I T S I X E • • LANDSCAPE AREA = 1,435 sf (5.07%)
• PARKING AREA = 23,785 sf (84.12%)
NOTES:
1. PROPOSED DEVELOPMENT IS WITHIN “WATER-
2. TOP OF DOME (NEEDLE) MINARET HEIGHT: 33’-0”
WORKS DISTRICT NO. 8, PRESSURE ZONE 1248”
SERVICE AREA.
01 0 5 20 ft
City of Simi Valley - Environmental Services
Department
Planning Division
Date: March 20, 2024
Project Number: CUP-S-400 (MOD#1)
103
10’
7’ 7’
10’
9’
195’
200’
145’
PROPERTY LINESIDE WALK WALKWAY
EXISTING BULDING
TRASH
BIN
10’
4’
55’-0”
40’-0”
61’
ADA
VAN
25’
7’
43’
25’18’
10’
9’
16’
PATH OF TRAVEL
69’
34’
FIRE DEPARTMENT
TURN AROUND
25’
20’
20’
20’5’
25’
79’
25’
24’ 5’
DECORATIVE
CONCRETE
PATIO
7’ 7’
7’
9’
7’
7’
9’
18’
NEW MONUMENT
SIGN LOCATION
EIXSISTING TREE
TO KEEP
EIXSISTING TREE
TO KEEP (3)
LANDSCAPERelocate & Shrubs AroundIRRIGATION
2’
6’
9’
4’
7’
CURB
RAMP
FOOD WARMING
KITCHEN
LIBRARY
ENTRY
LOBBY
ENTRANCE
ENTRANCE
MECH
PRAYER AREA
RECEPTION
AREA
OFFICE
OCCUP.
B
TOILET
(WOMEN)
TOILET
(MEN)
UP
OCCUP.
A-3
OCCUP.
A-2
F.F. = 1070.74’
18”
18”
18”
6’
4’ 3’
4’
18”
18”
18”
18”
18”
18”
PHASE-2 PHASE-1
PROPERTY
LINE
EXISTING
BLOCK WALL
6’-0” HIGH
21’
18’
18’
9’
11’
5’
18’
10’
Parking Light Pole
shall be 14’-0” high
maximum (typ)
26’
10’
7’
2’-0” Wide Planter Area for Shrubs
Landscape Strip
See Elevation
Sheet A-6.1
4’-0” Concrete Walkway
23’
10’
4’ 6’
4’6’
55’-0”
54’-0”
87’-0”43’-0”
7’
7’
7’
6’
4’
TOWNSHIP AVENUE
ARLINGTON
AVENUE
EXIST. C&G
NOTES:
1. THIS PROJECT WILL COMPLY WITH REQUIREMENTS OF
CITY OF SIMI VALLEY. MUNICIPAL CODE & CONSERVATION
ORDINANCES PER APPENDIX “K”.
2. THE STREET TREES, PLAN MATERIALS AND IRRIGATION SYSTEM
ON SITE & WITHIN THE RIGHT OF WAY, ARE TO BE MAINTAINED
BY THE PROPERTY OWNER, IN PERPEUITY AND PER SIMI VALLEY MUNICIPAL CODE MAINTENANCE STANDARDS.
3. TOTAL SHURBS & GROUND COVER AREA AS MAXIMUM
PERCENTAGE = 80%
TOTAL HIGH WATER USAGE PLAN/GROSS = 20%
4. THE PROJECT/PLAN WILL COMPLAY WITH THE REQUIREMENTS
OF THE CITY OF SIMI VALLEY MUNICIPAL CODE & STATE WATER EFFICIENT LANDSCAPE ORDINANCES.
01 0 52 0 f t
Assessor’s Parcel No.
GREEN CRESCENT OF SIMI VALLEY
ISLAMIC SOCIETY OF SIMI VALLEY
(805) 328-4778
ISLAMIC SOCIETY
OF SIMI VALLEY
4343 TOWNSHIP AVE, SIMI VALLEY, CALIFORNIA
ISSUED FOR DESIGN REVIEW
RE-SUBMITTAL FOR DESIGN REVIEW
9/26/19
3/02/20
REVISION3/16/20
APN: 614-0-030-325
L-1
LANDSCAPE DESIGN PLAN
1/10” = 1’
RE-SUBMITTAL FOR DESIGN REVIEW12/15/21
RE-SUBMITTAL FOR DESIGN REVIEW9/26/22
RE-SUBMITTAL FOR DESIGN REVIEW4/07/23
CITY OF SIMI VALLEY
PROJECT NO.
CUP-S-400 MOD #1
CITY OF SIMI VALLEY
City of Simi Valley - Environmental Services
Department
Planning Division
Date: March 20, 2024
Project Number: CUP-S-400 (MOD#1)
104
10’
4’
55’-0”
40’-0”
ADA
VAN
18’ 7’
9’
7’
OOD WARMING
KITCHEN
LIBRARY
ENTRY
LOBBY
ENTRANCE
ENTRANCE
MECH
PRAYER AREA
RECEPTION
AREA
OI C E
OCCUP.
B
TOILET
(WOMEN)
TOILET
(MEN)
UP
OCCUP.
A-3
OCCUP.
A-2
. . 1070.74’
18”
18”
18”
6’
4’ 3’
4’
18”
18”
18”
18”
18”
18”
PHASE-2 PHASE-1
PROPERTY
LINE
EXISTING
BLOCK WALL
6’-0” HIGH
7’
4’-0” C t W
23’
10’
4’ 6’
4’6’
55’-0”
54’-0”
87’-0”
7’
7’
7’
6’
4’
SITE AREA = 28,780 sf
BUILDING AREA
EXISTING STRUCTURE
• OFFICE, KITCHEN & RESTROOMS = 1,048 +/- sf
• MAIN HALL AREA = 2,007 +/- sf
TOTAL EXISTING BUILDING = 3,055 gsf
NEW REPLACEMENT AREA & OCCUPANT LOAD
Assessor’s Parcel No.
ISSUED FOR DESIGN REVIEW
RE-SUBMITTAL FOR DESIGN REVIEW
9/26/19
1/20/20
ISLAMIC SOCIETY
OF SIMI VALLEY
4343 TOWNSHIP AVE, SIMI VALLEY, CALIFORNIA
GREEN CRESCENT OF SIMI VALLEY
ISLAMIC SOCIETY OF SIMI VALLEY
(805) 328-4778
APN: 614-0-030-325
A-4
GROUND FLOOR PLAN
1/8” = 1’
RE-SUBMITTAL FOR DESIGN REVIEW12/15/21
RE-SUBMITTAL FOR DESIGN REVIEW9/26/22
RE-SUBMITTAL FOR DESIGN REVIEW4/07/23
CITY OF SIMI VALLEY
PROJECT NO.
CUP-S-400 MOD #1
CITY OF SIMI VALLEY
City of Simi Valley - Environmental Services
Department
Planning Division
Date: March 20, 2024
Project Number: CUP-S-400 (MOD#1)
105
55’-0”
PHASE-2 PHASE-1
PROPERTY
LINE
EXISTING
BLOCK WALL
6’-0” HIGH
CLASSROOM
CLASSROOM
CLOSET
AREA 90 S
AREA 90 S
AREA 75 S
OCCUP. 1
STAIRS
CLASSROOM
OI C E
TOILET
WOMEN
TOILET
MEN
STORAGE
DOWN
OCCUP.
AREA 440 S NET
OCCUP. 22
AREA 419 S NET
OCCUP. 21
CORRIDOR
H.C.
ELEV.
CORRIDOR
AREA 458 S NET
OCCUP. 23
E
OCCUP.
E
OCCUP.
E
OCCUP.
B
ROO
LADDER
SITE AREA = 28,780 sf
BUILDING AREA
EXISTING STRUCTURE
• OFFICE, KITCHEN & RESTROOMS = 1,048 +/- sf
• MAIN HALL AREA = 2,007 +/- sf
TOTAL EXISTING BUILDING = 3,055 gsf
NEW REPLACEMENT AREA & OCCUPANT LOAD
Assessor’s Parcel No.
ISSUED FOR DESIGN REVIEW
RE-SUBMITTAL FOR DESIGN REVIEW
9/26/19
1/20/20
ISLAMIC SOCIETY
OF SIMI VALLEY
4343 TOWNSHIP AVE, SIMI VALLEY, CALIFORNIA
GREEN CRESCENT OF SIMI VALLEY
ISLAMIC SOCIETY OF SIMI VALLEY
(805) 328-4778
APN: 614-0-030-325
A-5
SECOND FLOOR PLAN
1/8” = 1’
RE-SUBMITTAL FOR DESIGN REVIEW12/15/21
RE-SUBMITTAL FOR DESIGN REVIEW9/26/22
RE-SUBMITTAL FOR DESIGN REVIEW4/07/23
CITY OF SIMI VALLEY
PROJECT NO.
CUP-S-400 MOD #1
CITY OF SIMI VALLEY
City of Simi Valley - Environmental Services
Department
Planning Division
Date: March 20, 2024
Project Number: CUP-S-400 (MOD#1)
106
55’-0”
PHASE-2 PHASE-1
PROPERTY
LINE
EXISTING
BLOCK WALL
6’-0” HIGH
SOLAR PANELS
OPEN TOP
ENCLOSURE
ELEVATOR SHA T
WITH ROO
3 T HEIGHT PARAPET
4 T HEIGHT PARAPET
1 T HEIGHT PARAPET
MECH
8’ 5’
MECH
8’ 5’
ROO HATCH
ACCESS DOOR
(SEE SHT. A-6.1)
4’-0” HIGH
E UIPMENT
ENCLOSURE
SITE AREA = 28,780 sf
BUILDING AREA
EXISTING STRUCTURE
• OFFICE, KITCHEN & RESTROOMS = 1,048 +/- sf
• MAIN HALL AREA = 2,007 +/- sf
TOTAL EXISTING BUILDING = 3,055 gsf
NEW REPLACEMENT AREA & OCCUPANT LOAD
Assessor’s Parcel No.
ISSUED FOR DESIGN REVIEW
RE-SUBMITTAL FOR DESIGN REVIEW
9/26/19
1/20/20
ISLAMIC SOCIETY
OF SIMI VALLEY
4343 TOWNSHIP AVE, SIMI VALLEY, CALIFORNIA
GREEN CRESCENT OF SIMI VALLEY
ISLAMIC SOCIETY OF SIMI VALLEY
(805) 328-4778
APN: 614-0-030-325
A-6
ROOF PLAN
1/8” = 1’
RE-SUBMITTAL FOR DESIGN REVIEW12/15/21
RE-SUBMITTAL FOR DESIGN REVIEW9/26/22
RE-SUBMITTAL FOR DESIGN REVIEW4/07/23
CITY OF SIMI VALLEY
PROJECT NO.
CUP-S-400 MOD #1
CITY OF SIMI VALLEY
City of Simi Valley - Environmental Services
Department
Planning Division
Date: March 20, 2024
Project Number: CUP-S-400 (MOD#1)
107
Assessor’s Parcel No.
ISSUED FOR DESIGN REVIEW
RE-SUBMITTAL FOR DESIGN REVIEW
9/26/19
1/20/20
ISLAMIC SOCIETY
CITY OF SIMI VALLEY
PROJECT NO.
CUP-S-400 MOD #1
CITY OF SIMI VALLEY
OF SIMI VALLEY
4343 TOWNSHIP AVE, SIMI VALLEY, CALIFORNIA
GREEN CRESCENT OF SIMI VALLEY
ISLAMIC SOCIETY OF SIMI VALLEY
(805) 328-4778
APN: 614-0-030-325
DETAILS - ROOF HATCH/LADDER &
TRASH ENCLOSURE
A-6.1
RE-SUBMITTAL FOR DESIGN REVIEW12/15/21
RE-SUBMITTAL FOR DESIGN REVIEW9/26/22
RE-SUBMITTAL FOR DESIGN REVIEW1/18/234/07/23
City of Simi Valley - Environmental Services
Department
Planning Division
Date: March 20, 2024
Project Number: CUP-S-400 (MOD#1)
108
01 052 0 ft
DOUBLE GLA ED
BLUE GREEN GLASS
LOW E” (TYPICAL)
LIGHT IXTURE
SCONE
METAL OR
G RC GRILLS
TOP O MECHANICAL ROO TOP
E UIPMENT SCREENING
TO MATCH BUILDING COLOR
2-TONE IBRE CEMENT BOARD
OR PLASTER
IBRE CEMENT BOARD
OR PLASTER
SITE AREA = 28,780 sf
BUILDING AREA
EXISTING STRUCTURE
• OFFICE, KITCHEN & RESTROOMS = 1,048 +/- sf
• MAIN HALL AREA = 2,007 +/- sf
TOTAL EXISTING BUILDING = 3,055 gsf
NEW REPLACEMENT AREA & OCCUPANT LOAD
Assessor’s Parcel No.
ISSUED FOR DESIGN REVIEW
RE-SUBMITTAL FOR DESIGN REVIEW
9/26/19
1/20/20
ISLAMIC SOCIETY
OF SIMI VALLEY
4343 TOWNSHIP AVE, SIMI VALLEY, CALIFORNIA
GREEN CRESCENT OF SIMI VALLEY
ISLAMIC SOCIETY OF SIMI VALLEY
(805) 328-4778
APN: 614-0-030-325
A-7
NORTH ELEVATION
1/4” = 1’
RE-SUBMITTAL FOR DESIGN REVIEW12/15/21
RE-SUBMITTAL FOR DESIGN REVIEW9/26/22
RE-SUBMITTAL FOR DESIGN REVIEW2/22/23
CITY OF SIMI VALLEY
PROJECT NO.
CUP-S-400 MOD #1
CITY OF SIMI VALLEY
TOP O DOME MINARET
8’-0”
12’-0”
21’-0”
87’-0”
35’-0”
EXTERIOR MATERIALS
FIBRE CEMENT PANELS OR SMOOTH PLASTER
“Champagne & Topaze”
WINDOWS & DOOR FRAME
“Champagne Bronze”
GLAZING WINDOWS & ARCHES
“PPG Atlantica glass”
GRILL PATTERN
PAVER GRANITE
“Bala Flower or Similar”
PARAPET WALL COPING
TOP ROOFING
“White Color”
1 2
3 4
5 6
7 1
6 3
5 5
4 2
1 2
3 2
6 City of Simi Valley - Environmental Services
Department
Planning Division
Date: March 20, 2024
Project Number: CUP-S-400 (MOD#1)
109
01 05 20 ft
DOUBLE GLA ED
BLUE GREEN GLASS
LOW E” (TYPICAL)
SMALL TILES OR
SMOOTH PLASTER INISH
DOUBLE GLA ED
BLUE GREEN GLASS
LOW E” (TYPICAL)
METAL OR
G RC GRILLS
LIGHT IXTURE
SCONE
MECHANICAL ROO TOP
E UIPMENT SCREENING
TO MATCH BUILDING COLOR
2-TONE IBRE CEMENT BOARD
OR PLASTER
Assessor’s Parcel No.
ISSUED FOR DESIGN REVIEW
RE-SUBMITTAL FOR DESIGN REVIEW
9/26/19
1/20/20
ISLAMIC SOCIETY
OF SIMI VALLEY
4343 TOWNSHIP AVE, SIMI VALLEY, CALIFORNIA
GREEN CRESCENT OF SIMI VALLEY
ISLAMIC SOCIETY OF SIMI VALLEY
(805) 328-4778
APN: 614-0-030-325
A-8
SOUTH ELEVATION
1/4” = 1’
RE-SUBMITTAL FOR DESIGN REVIEW12/15/21
RE-SUBMITTAL FOR DESIGN REVIEW9/26/22
RE-SUBMITTAL FOR DESIGN REVIEW2/22/23
TOP O DOME MINARET
35’-0”
T.O. E UIPMENT ENCLOSURE
28’-0”
SITE AREA = 28,780 sf
BUILDING AREA
EXISTING STRUCTURE
• OFFICE, KITCHEN & RESTROOMS = 1,048 +/- sf
• MAIN HALL AREA = 2,007 +/- sf
TOTAL EXISTING BUILDING = 3,055 gsf
NEW REPLACEMENT AREA & OCCUPANT LOAD
CITY OF SIMI VALLEY
PROJECT NO.
CUP-S-400 MOD #1
CITY OF SIMI VALLEY
8’-0”
21’-0”
28’-0”
87’-0”
1 6
1 4
4 4
4 4
3 2
2 EXTERIOR MATERIALS
FIBRE CEMENT PANELS OR SMOOTH PLASTER
“Champagne & Topaze”
WINDOWS & DOOR FRAME
“Champagne Bronze”
GLAZING WINDOWS & ARCHES
“PPG Atlantica glass”
GRILL PATTERN
PAVER GRANITE
“Bala Flower or Similar”
PARAPET WALL COPING
TOP ROOFING
“White Color”
1 2
3 4
5 6
7 1
1 City of Simi Valley - Environmental Services
Department
Planning Division
Date: March 20, 2024
Project Number: CUP-S-400 (MOD#1)
110
01 052 0 ft
SMALL TILES OR
SMOOTH PLASTER INISH
DOUBLE GLA ED
BLUE GREEN GLASS
LOW E” (TYPICAL)
DOUBLE GLA ED
BLUE GREEN GLASS
LOW E” (TYPICAL)
IBRE CEMENT BOARD
OR PLASTER2-TONE IBRE CEMENT BOARD
OR PLASTER
MECHANICAL ROO TOP
E UIPMENT SCREENING
TO MATCH BUILDING COLOR
Assessor’s Parcel No.
ISSUED FOR DESIGN REVIEW
RE-SUBMITTAL FOR DESIGN REVIEW
9/26/19
1/20/20
ISLAMIC SOCIETY
OF SIMI VALLEY
4343 TOWNSHIP AVE, SIMI VALLEY, CALIFORNIA
GREEN CRESCENT OF SIMI VALLEY
ISLAMIC SOCIETY OF SIMI VALLEY
(805) 328-4778
APN: 614-0-030-325
A-9
EAST ELEVATION
1/4” = 1’
RE-SUBMITTAL FOR DESIGN REVIEW12/15/21
RE-SUBMITTAL FOR DESIGN REVIEW9/26/22
RE-SUBMITTAL FOR DESIGN REVIEW2/22/23
SITE AREA = 28,780 sf
BUILDING AREA
EXISTING STRUCTURE
• OFFICE, KITCHEN & RESTROOMS = 1,048 +/- sf
• MAIN HALL AREA = 2,007 +/- sf
TOTAL EXISTING BUILDING = 3,055 gsf
NEW REPLACEMENT AREA & OCCUPANT LOAD
CITY OF SIMI VALLEY
PROJECT NO.
CUP-S-400 MOD #1
CITY OF SIMI VALLEY
21’-0”
55’-0”
T.O. E UIPMENT ENCLOSURE
28’-0”
TOP O DOME MINARET
35’-0”
1 4
4 1
EXTERIOR MATERIALS
FIBRE CEMENT PANELS OR SMOOTH PLASTER
“Champagne & Topaze”
WINDOWS & DOOR FRAME
“Champagne Bronze”
GLAZING WINDOWS & ARCHES
“PPG Atlantica glass”
GRILL PATTERN
PAVER GRANITE
“Bala Flower or Similar”
PARAPET WALL COPING
TOP ROOFING
“White Color”
1 2
3 4
5 6
7 6
6 6
1 City of Simi Valley - Environmental Services
Department
Planning Division
Date: March 20, 2024
Project Number: CUP-S-400 (MOD#1)
111
01 05 20 ft
DOUBLE GLA ED
BLUE GREEN GLASS
LOW E” (TYPICAL)
METAL OR
G RC GRILLS
2-TONE IBRE CEMENT BOARD
OR PLASTER
Assessor’s Parcel No.
ISSUED FOR DESIGN REVIEW
RE-SUBMITTAL FOR DESIGN REVIEW
9/26/19
1/20/20
ISLAMIC SOCIETY
OF SIMI VALLEY
4343 TOWNSHIP AVE, SIMI VALLEY, CALIFORNIA
GREEN CRESCENT OF SIMI VALLEY
ISLAMIC SOCIETY OF SIMI VALLEY
(805) 328-4778
APN: 614-0-030-325
A-10
WEST ELEVATION
1/4” = 1’
RE-SUBMITTAL FOR DESIGN REVIEW12/15/21
RE-SUBMITTAL FOR DESIGN REVIEW9/26/22
SITE AREA = 28,780 sf
BUILDING AREA
EXISTING STRUCTURE
• OFFICE, KITCHEN & RESTROOMS = 1,048 +/- sf
• MAIN HALL AREA = 2,007 +/- sf
TOTAL EXISTING BUILDING = 3,055 gsf
NEW REPLACEMENT AREA & OCCUPANT LOAD
RE-SUBMITTAL FOR DESIGN REVIEW2/22/23
CITY OF SIMI VALLEY
PROJECT NO.
CUP-S-400 MOD #1
CITY OF SIMI VALLEY
8’-0”
LIGHT IXTURE
SCONE
TOP O DOME MINARET
35’-0”
28’-0”
55’-0”
T.O. E UIPMENT ENCLOSURE
28’-0”
1 3
3 4
4 4
1 2
2 6
6 EXTERIOR MATERIALS
FIBRE CEMENT PANELS OR SMOOTH PLASTER
“Champagne & Topaze”
WINDOWS & DOOR FRAME
“Champagne Bronze”
GLAZING WINDOWS & ARCHES
“PPG Atlantica glass”
GRILL PATTERN
PAVER GRANITE
“Bala Flower or Similar”
PARAPET WALL COPING
TOP ROOFING
“White Color”
1 2
3 4
5 6
7 City of Simi Valley - Environmental Services
Department
Planning Division
Date: March 20, 2024
Project Number: CUP-S-400 (MOD#1)
112
01 05 20 ft
1’-0” 20’-0”
3 ft
4 ft
SECTION A-A
SECTION B-B
LIBRARY LOBBY
CLASSROOM
CLOSET
HALLWAY
PRAYER AREA
A
A
BB
KEY PLAN
CC
(2) AIR CONDITIONER
UNITS
4 T
ENCLOSURE
SECTION C-C
MECH
MECH
CC
Assessor’s Parcel No.
ISSUED FOR DESIGN REVIEW
RE-SUBMITTAL FOR DESIGN REVIEW
9/26/19
1/20/20
ISLAMIC SOCIETY
OF SIMI VALLEY
4343 TOWNSHIP AVE, SIMI VALLEY, CALIFORNIA
GREEN CRESCENT OF SIMI VALLEY
ISLAMIC SOCIETY OF SIMI VALLEY
(805) 328-4778
APN: 614-0-030-325
A-11
SECTIONS
1/4” = 1’
RE-SUBMITTAL FOR DESIGN REVIEW12/15/21
RE-SUBMITTAL FOR DESIGN REVIEW9/26/22
RE-SUBMITTAL FOR DESIGN REVIEW2/22/23
SITE AREA = 28,780 sf
BUILDING AREA
EXISTING STRUCTURE
• OFFICE, KITCHEN & RESTROOMS = 1,048 +/- sf
• MAIN HALL AREA = 2,007 +/- sf
TOTAL EXISTING BUILDING = 3,055 gsf
NEW REPLACEMENT AREA & OCCUPANT LOAD
CITY OF SIMI VALLEY
PROJECT NO.
CUP-S-400 MOD #1
CITY OF SIMI VALLEY
TOP O DOME MINARET
35’-0”
TOP O DOME MINARET
35’-0”
13’-6”1’-6”
City of Simi Valley - Environmental Services
Department
Planning Division
Date: March 20, 2024
Project Number: CUP-S-400 (MOD#1)
113
Assessor’s Parcel No.
GREEN CRESCENT OF SIMI VALLEY
ISLAMIC SOCIETY OF SIMI VALLEY
(805) 328-4778
ISLAMIC SOCIETY
OF SIMI VALLEY
4343 TOWNSHIP AVE, SIMI VALLEY, CALIFORNIA
ISSUED FOR DESIGN REVIEW
RE-SUBMITTAL FOR DESIGN REVIEW
9/26/19
3/02/20
REVISION3/16/20
APN: 614-0-030-325
A-13
MATERIALS
RE-SUBMITTAL FOR DESIGN REVIEW12/15/21
RE-SUBMITTAL FOR DESIGN REVIEW9/26/22
RE-SUBMITTAL FOR DESIGN REVIEW2/22/23
CITY OF SIMI VALLEY
PROJECT NO.
CUP-S-400 MOD #1
CITY OF SIMI VALLEY
City of Simi Valley - Environmental Services
Department
Planning Division
Date: March 20, 2024
Project Number: CUP-S-400 (MOD#1)
114
City of Simi Valley - Environmental Services
Department
Planning Division
Date: March 20, 2024
Project Number: CUP-S-400 (MOD#1)
115
EXHIBIT 2
INTERIM ORDINANCE 1335
116
THIS PAGE WAS INTENTIONALLY LEFT BLANK
117
K2 Traffic Engineering, Inc.
,UYLQH%OYG6XLWH7XVWLQ&$
7 (PDLO
ND\#NWUDIILFFRP
0DUFK
,VODPLF6RFLHW\RI6LPL9DOOH\
7RZQVKLS$YHQXH
6LPL9DOOH\&$
FR$VDG0.KDQ
/DQJGRQ:LOVRQ,QWHUQDWLRQDO
5H
7ULS*HQHUDWLRQ0HPRUDQGXP
7RZQVKLS$YHQXH6LPL9DOOH\
'HDU$VDG
3HU \RXU UHTXHVW ZH KDYH FRQGXFWHG D WULS JHQHUDWLRQ IRU ,VODPLF 6RFLHW\ RI 6LPL 9DOOH\7KLVPHPRUDQGXPSUHVHQWVRXUPHWKRGRORJ\DQGILQGLQJV 352-(&7'(9(/230(17
,VODPLF 6RFLHW\ RI 6LPL 9DOOH\
,669
LV DQ H[LVWLQJ UHOLJLRXV IDFLOLW\ ORFDWHG DW
7RZQVKLS$YHQXHLQWKH&LW\RI6LPL9DOOH\7KHH[LVWLQJE XLOGLQJKDVDJURVV IORRU DUHD RI
VTXDUH IHHW LQFOXGLQJ D SUD\HU DUHD RI VTXDUH IHHW 7KH SURMHFW LV VHHNLQJ &LW\¶V DSSURYDO IRU EXLOGLQJ DGGLWLRQ RI VTXDUH IHHW WR DFFRPPRGDWH DGGLWLRQDO FODVVURRPV RIILFHV DQG RWKHU VXSSOHPHQWDO XVHV 7KH SUD\HUDUHDZLOOUHPDLQXQFKDQJHG8SRQSURMHFWFRPSOHWLRQWKH WRWDOEXLOGLQJDUHD LVH[SHFWHGWREHH[SDQGHGWRVTXDUHIHHW7KHSURSRVHGV LWHSODQLVVKRZQLQ ([KLELW
75,3&2817
,Q RUGHU WR REWDLQ WULS JHQHUDWLRQ GDWD RI VLPLODU ,VODPLF FHQW HUV WKLV VWXG\ FRQGXFWHGRQVLWHREVHUYDWLRQRIYHKLFXODUWULSFRXQWVDWWKHI ROORZLQJORFDWLRQV
,VODPLF6RFLHW\RI6LPL9DOOH\
,669
DW7RZQVKLS$YHQXH6LPL9DOOH\
,VODPLF&HQWHURI&RQHMR9DOOH\
,&&9
DW%RUFKDUG5G1HZEXU\3DUN
,PDP%XNKDU\0DVMLG
,%0
DW3DUWKHQLD6W1RUWK+LOOV
,QWHUQDWLRQDO,QVWLWXWHRI7ROHUDQFH
,,7
DW
60DLQ6WUHHW&DUVRQ
EXHIBIT 2
118
d>
ϭ͘dZ/WKhEd^hDDZz
In Out Total In Out Total
Thursday 11/10/2022 1 1 2 10 9 19 138
Friday 11/11/2022 1 1 2 18 11 29 268
Thursday 11/10/2022 1014 1 2 1 69 6
Friday 11/11/2022 2 0 2 31 14 45 353
Thursday 11/10/2022 000167 9 6
Day of
Week Date Daily
1 100 SF
Location
Prayer
Area
ISSV- Simi Valley
(Project Site)
ICCV- Newbury Park
IBM North Hills
AM Peak Hour of Adjacent
Street (7-9 AM)
PM Peak Hour of Adjacent
Street (4-6 PM)
1,550 SF
1,290 SF
Friday 11/11/2022 0111341 7 2
Thursday 6/22/2023 000000 4 8
Friday 6/23/2023 000000 6 2
Ύ dŚŝƐůŽĐĂƚŝŽŶŚĂƐďĞĞŶĞdžĐůƵĚĞĚĨƌŽŵƚŚĞĐĂůĐƵůĂƚŝŽŶŽĨƚƌŝƉŐĞŶĞƌĂƚŝŽŶĚƵĞƚŽůŽǁƚƌĂĨĨŝĐǀŽůƵŵĞƐ 1,100 SF
1,980 SFIIT- Carson *
IBM- North Hills
119
Trip Generation Memo March 1, 2023
4343 Township Ave, Simi Valley Page 3 of 5
K2 Traffic Engineering, Inc.
,UYLQH%OYG6XLWH7XVWLQ&$
7 (PDLO
NKVX#NWUDIILFFRP
9HKLFXODU WULS FRXQWV ZHUH FRQGXFWHG IRU WZR FRQVHFXWLYH GD\V R Q 7KXUVGD\ DQG )ULGD\ LQ DFFRUGDQFH ZLWK &LW\¶V UHTXHVW &ROOHFWHG WUDIILF GDW D FDQ EH IRXQG LQ $SSHQGL[$ 7KHSHDNWULSJHQHUDWLRQGDWDDUHVXPPDUL]HGLQ 7DEOH 7KH&DUVRQ ORFDWLRQKDVDQGGDLO\WULSVGXULQJWKHVWXG\SHULRGV+RZHYHUWKHUHOLJLRXV ZRUVKLSDWWKLVORFDWLRQWDNHVSODFHLQWKHHDUO\DIWHUQRRQEHW ZHHQ30DQG30 DQGWKLVVLWHGRHVQRWJHQHUDWHDQ\YHKLFXODUWULSZLWKLQWKH$0DQG30SHDNKRXUV 7KHUHIRUH WULS JHQHUDWLRQ GDWD IRU WKH &DUVRQ ORFDWLRQ KDYH EHHQ H[FOXGHG LQ WKH GHULYDWLRQRIWULSJHQHUDWLRQUDWHVDVDFRQVHUYDWLYHDSSURDFK 7DEOH3HDN+RXU7ULS*HQHUDWLRQ'DWD
/RFDWLRQ
7RWDO*URVV
)ORRU$UHD
3UD\HU
$UHD
3UD\HU
3HUVRQ
&DSDFLW\
$03HDN+RXU
$0
,Q2XW
303HDN+RXU
30
,Q2XW
'DLO\
6LPL9DOOH\ 6) 6)
1HZEXU\3DUN
6)
6)
1RUWK+LOOV 6) 6)
75,3*(1(5$7,215$7(
7ULSJHQHUDWLRQUDWHVRIHDFKVWXG\ORFDWLRQEDVHGRQYDULRXVY DULDEOHVDUHVKRZQLQ VHYHUDOWDEOHVEHORZ7DEOHVKRZVWULSJHQHUDWLRQUDWHVIRUP RVTXHXVHVSHU VTXDUHIHHWRIWRWDOJURVVIORRUDUHD7DEOHVKRZVWULSJHQHU DWLRQUDWHVIRUPRVTXH XVHV SHU VTXDUH IHHW RI SUD\HU DUHD 7DEOH VKRZV WULS J HQHUDWLRQ UDWHV IRU PRVTXHXVHVSHUSHUVRQFDSDFLW\RIWKHSUD\HUDUHD
7DEOH7ULS*HQHUDWLRQ5DWHV3HU6T)W7RWDO*URVV)O RRU$UHD /RFDWLRQ
$03HDN+RXU
$0
,Q2XW
303HDN+RXU
30
,Q2XW
'DLO\
6LPL9DOOH\
1HZEXU\3DUN
1RUWK+LOOV
$YHUDJH
120
Trip Generation Memo March 1, 2023
4343 Township Ave, Simi Valley Page 4 of 5
K2 Traffic Engineering, Inc.
,UYLQH%OYG6XLWH7XVWLQ&$
7 (PDLO
NKVX#NWUDIILFFRP
7DEOH7ULS*HQHUDWLRQ5DWHV3HU6T)W3UD\HU$UHD /RFDWLRQ
$03HDN+RXU
$0
,Q2XW
303HDN+RXU
30
,Q2XW
'DLO\
6LPL9DOOH\
1HZEXU\3DUN
1RUWK+LOOV
$YHUDJH
7DEOH7ULS*HQHUDWLRQ5DWHV3HU3UD\HU$UHD3HUVRQ&DSDFLW\ /RFDWLRQ
$03HDN+RXU
$0
,Q2XW
303HDN+RXU
30
,Q2XW
'DLO\
6LPL9DOOH\
1HZEXU\3DUN
1RUWK+LOOV
$YHUDJH
7ULS JHQHUDWLRQ UDWHV RI “Trip Generation Manual, 11 th Edition” SXEOLVKHG E\ ,QVWLWXWHRI7UDQVSRUWDWLRQ(QJLQHHUV
,7(
DUHSURYLGHGSHU VTXDUHIHHWWRWDO
JURVV IORRU DUHD DV VKRZQ LQ 7DEOH ,7(¶V WULS JHQHUDWLRQ UDWH SHU VTXDUH IHHWJURVVIORRUDUHDIRUWKH30SHDNKRXU
LVVOLJKWO\ORZHUWKDQWKHDYHUDJH
UDWHRIWKHVWXG\ORFDWLRQVOLVWHGLQ7DEOH
7DEOH,7(¶V7ULS*HQHUDWLRQ5DWHVSHU6T)W7RWDO*UR VV)ORRU$UHD 'DWD6RXUFH
$03HDN+RXU
30
,Q2XW
303HDN+RXU
30
,Q2XW
'DLO\
,7(¶V7ULS*HQHUDWLRQ0DQXDO 1$
1$
1$
121
Trip Generation Memo March 1, 2023
4343 Township Ave, Simi Valley Page 5 of 5
K2 Traffic Engineering, Inc.
,UYLQH%OYG6XLWH7XVWLQ&$
7 (PDLO
NKVX#NWUDIILFFRP
+28578%(&28176
7R DGGUHVV FRQFHUQV EURXJKW IRUWK DW WKH &LW\ &RXQFLO *HQHUDO 3 ODQ $PHQGPHQW WKLV VWXG\ KDV FROOHFWHG KRXU WXEH FRXQWV RYHU WZR FRQVHFXWL YH GD\V RQ WKH IROORZLQJVWUHHWVIRUWKHFLW\
x $UOLQJWRQ$YHQXHEHWZHHQ6SULQJILHOG6WUHHWDQG$YHQLGD6LPL x 6SULQJILHOG6WUHHWEHWZHHQ0ROLQH6WUHHWDQG$UOLQJWRQ$YHQXH x 'LYHUQRQ$YHQXHEHWZHHQ3HRULD$YHQXHDQG0ROLQH6WUHHW 7KH FROOHFWHG WUDIILF GDWD FDQ EH IRXQG LQ $SSHQGL[ % (OHFWURQLF ILOHV LQ ([FHO IRUPDWDUHVXEPLWWHGVHSDUDWHO\WRWKH&LW\
678'<6800$5<
$VDFRQVHUYDWLYHDSSURDFKWKHVWXG\KDVDSSOLHGWKHDYHUDJHWULSJHQHUDWLRQUDWHRI
WULSVSHUVTXDUHIHHWWRWDOJURVVIORRUDUHDEDVHGR QWKHVWXG\UHVXOWV7KH SURSRVHG EXLOGLQJ DGGLWLRQ RI VTXDUH IHHW LV DQWLFLSDWHG WR KDYH D QHW WULS JHQHUDWLRQRI WULSV LQ WKH 30SHDN KRXU DQG GDLO\ WULSV 7ULS JHQHUDWLRQ LQ WKH $0 SHDN KRXU IRU PRVTXH XVHV LV ORZ DQG QHJOLJLEOH 7KH SUR M H F W F D Q E H DQWLFLSDWHGWRKDYHQRRUOHVVWKDQVLJQLILFDQWWUDIILFLPSDFW WRWKHQHDUE\URDGZD\V DQG LQWHUVHFWLRQ 7KHUHIRUH IXUWKHU WUDIILF VWXG\ DQG PLWLJDWL RQ PHDVXUHV DUH QRW UHTXLUHG
5HJDUGV
K2 Traffic Engineering, Inc.
-HQGH.D\+VX7(
&DOLIRUQLD/LFHQVH75
122
(;+,%,76,7(3/$1
123
$33(1',;$75$)),&&2817'$7$
2)6,0/$56,7(6
124
&,7<
6LPL9DOOH\ 352-(&7
3UHSDUHGE\$LP7'//&
$03HULRG ,1 287 303HULRG ,1 287
7RWDO9RO
,1 287 &RPELQHG
6SOLW
3HDN+RXU
9ROXPH
3+)
6&
9ROXPHVIRU
'$<
'DLO\7RWDOV
$0 30
7RZQVKLS5RDG,&69/RFDWLRQ
7KXUVGD\1RYHPEHU
$33(1',;$75$)),&&2817'$7$
125
&,7<
6LPL9DOOH\ 352-(&7
3UHSDUHGE\$LP7'//&
$03HULRG ,1 287 303HULRG ,1 287
7RWDO9RO
,1 287 &RPELQHG
6SOLW
3HDN+RXU
9ROXPH
3+)
6&
9ROXPHVIRU
)ULGD\1RYHPEHU
/RFDWLRQ
7RZQVKLS5RDG,&69
'DLO\7RWDOV
$0 30
'$<
126
/2&$7,21
,6/$0,&62&,(7<2)6,0,9$//(<
$''5(66
72:16+,3$9(
127
&,7<
1HZEXU\3DUN 352-(&7
3UHSDUHGE\$LP7'//&
$03HULRG ,1 287 303HULRG ,1 287
7RWDO9RO
,1 287 &RPELQHG
6SOLW
3HDN+RXU
9ROXPH
3+)
6&
9ROXPHVIRU
'$<
'DLO\7RWDOV
$0 30
%RUFKDUG%OYG,VODPLF&HQWHURI&RQHMR9DOOH\/RFDWLRQ
7KXUVGD\1RYHPEHU
128
&,7<
1HZEXU\3DUN 352-(&7
3UHSDUHGE\$LP7'//&
$03HULRG ,1 287 303HULRG ,1 287
7RWDO9RO
,1 287 &RPELQHG
6SOLW
3HDN+RXU
9ROXPH
3+)
'DLO\7RWDOV
$0 30
'$<
6&
9ROXPHVIRU
)ULGD\1RYHPEHU
/RFDWLRQ
%RUFKDUG%OYG,VODPLF&HQWHURI&RQHMR9DOOH\
129
/2&$7,21
,6/$0,&&(17(52)&21(-29$//(<
$''5(66
%25&+$5'5'1(:%85<3$5.
130
&,7<
1RUWK+LOOV 352-(&7
3UHSDUHGE\$LP7'//&
$03HULRG ,1 287 303HULRG ,1 287
7RWDO9RO
,1 287 &RPELQHG
6SOLW
3HDN+RXU
9ROXPH
3+)
6&
9ROXPHVIRU
'$<
'DLO\7RWDOV
$0 30
3DUWKHQLD6W,PDP%XNKDU\0DVMLG/RFDWLRQ
7KXUVGD\1RYHPEHU
131
&,7<
1RUWK+LOOV 352-(&7
3UHSDUHGE\$LP7'//&
$03HULRG ,1 287 303HULRG ,1 287
7RWDO9RO
,1 287 &RPELQHG
6SOLW
3HDN+RXU
9ROXPH
3+)
'DLO\7RWDOV
$0 30
'$<
6&
9ROXPHVIRU
)ULGD\1RYHPEHU
/RFDWLRQ
3DUWKHQLD6W,PDP%XNKDU\0DVMLG
132
/2&$7,21
,0$0%85.$5<0$6-,'
$''5(66
3$57+(1,$671257++,//6
133
&,7<
&DUVRQ 352-(&7
$03HULRG ,1 287 303HULRG ,1 287
7RWDO9RO
,1 287 &RPELQHG
6SOLW
3HDN+RXU
9ROXPH
3+)
)ULGD\-XQH 6&
$'7,,7'Z\HDVWRI0DLQ)5 $LP7'
'DLO\7RWDOV
$0 30
134
&,7<
&DUVRQ 352-(&7
$03HULRG ,1 287 303HULRG ,1 287
7RWDO9RO
,1 287 &RPELQHG
6SOLW
3HDN+RXU
9ROXPH
3+)
7KXUVGD\-XQH 6&
$'7,,7'Z\HDVWRI0DLQ7+ $LP7'
'DLO\7RWDOV
$0 30
135
VI
VI
7RWDO$UHDRI%XLOGLQJ
VI
3UD\HU$UHD
VI
-0$"5*0/$"340/ *OUhM*OTUJUVUFPG5PMFSBODF
"EESFTT4.BJO4USFFU
$BSTPO
$"
136
$33(1',;%+28578%(&2817
137
$YHUDJH'DLO\7UDIILF9ROXPHV3UHSDUHGE\
)LHOG'DWD6HUYLFHVRI$UL]RQD,QF&,7<
6,0,9$//(< 352-(&7
$5/,1*721%7:1635,1*),(/'67 $9(1,'$6,0,
$03HULRG 1% 6% (% :% 303HULRG 1% 6% (% :%
7RWDO9RO
1% 6% (% :% &RPELQHG
6SOLW
3HDN+RXU
9ROXPH
3+)
.7UDIILF(QJLQHHULQJ,QF
$0
'DLO\7RWDOV
30 :HGQHVGD\'HFHPEHU
$33(1',;%+28578%(&2817
138
$YHUDJH'DLO\7UDIILF9ROXPHV3UHSDUHGE\
)LHOG'DWD6HUYLFHVRI$UL]RQD,QF&,7<
6,0,9$//(< 352-(&7
$5/,1*721%7:1635,1*),(/'67 $9(1,'$6,0,
$03HULRG 1% 6% (% :% 303HULRG 1% 6% (% :%
7RWDO9RO
1% 6% (% :% &RPELQHG
6SOLW
3HDN+RXU
9ROXPH
3+)
.7UDIILF(QJLQHHULQJ,QF
'DLO\7RWDOV
$0 30
7KXUVGD\'HFHPEHU
139
$YHUDJH'DLO\7UDIILF9ROXPHV3UHSDUHGE\
)LHOG'DWD6HUYLFHVRI$UL]RQD,QF&,7<
6,0,9$//(< 352-(&7
635,1*),(/'67%7:102/,1(67 $5/,1*721$9(
$03HULRG 1% 6% (% :% 303HULRG 1% 6% (% :%
7RWDO9RO
1% 6% (% :% &RPELQHG
6SOLW
3HDN+RXU
9ROXPH
3+)
.7UDIILF(QJLQHHULQJ,QF
$0
'DLO\7RWDOV
30 :HGQHVGD\'HFHPEHU
140
$YHUDJH'DLO\7UDIILF9ROXPHV3UHSDUHGE\
)LHOG'DWD6HUYLFHVRI$UL]RQD,QF&,7<
6,0,9$//(< 352-(&7
635,1*),(/'67%7:102/,1(67 $5/,1*721$9(
$03HULRG 1% 6% (% :% 303HULRG 1% 6% (% :%
7RWDO9RO
1% 6% (% :% &RPELQHG
6SOLW
3HDN+RXU
9ROXPH
3+)
.7UDIILF(QJLQHHULQJ,QF
'DLO\7RWDOV
$0 30
7KXUVGD\'HFHPEHU
141
$YHUDJH'DLO\7UDIILF9ROXPHV3UHSDUHGE\
)LHOG'DWD6HUYLFHVRI$UL]RQD,QF&,7<
6,0,9$//(< 352-(&7
',9(5121$9(%7:13(25,$$9( 02/,1(67
$03HULRG 1% 6% (% :% 303HULRG 1% 6% (% :%
7RWDO9RO
1% 6% (% :% &RPELQHG
6SOLW
3HDN+RXU
9ROXPH
3+)
.7UDIILF(QJLQHHULQJ,QF
$0
'DLO\7RWDOV
30 :HGQHVGD\'HFHPEHU
142
$YHUDJH'DLO\7UDIILF9ROXPHV3UHSDUHGE\
)LHOG'DWD6HUYLFHVRI$UL]RQD,QF&,7<
6,0,9$//(< 352-(&7
',9(5121$9(%7:13(25,$$9( 02/,1(67
$03HULRG 1% 6% (% :% 303HULRG 1% 6% (% :%
7RWDO9RO
1% 6% (% :% &RPELQHG
6SOLW
3HDN+RXU
9ROXPH
3+)
.7UDIILF(QJLQHHULQJ,QF
'DLO\7RWDOV
$0 30
7KXUVGD\'HFHPEHU
143
CITY OF SIMI VALLEY
MEMORANDUM
SUPPLEMENTAL
AGENDA ITEM NO.
11. A .1.
May 22, 2024
TO:
FROM:
SUBJECT:
Planning Commission
Sean Gibso~ puty Environmental Services Director/City Planner
SUPPLEMENT T O PLANNING COMMISSION AGENDA ITEM TO
CONSIDER A MODIFICATION TO AN EXISTING CONDITIONAL USE
PERMIT (CUP-S-400 MOD#1) TO CONSTRUCT A TWO-STORY
RELIGIOUS FACILITY; A GENERAL PLAN AMENDMENT (GPA-2021- 0002) TO CHANGE THE LAND USE DESIGNATION OF THE PROJECT SITE FROM NEIGHBORHOOD PARK TO GENERAL COMMERCIAL; A
ZONE CHANGE (Z-S-2021-0007) FROM RESIDENTIAL MEDIUM (RM)
TO COMMERCIAL PLANNED DEVELOPMENT (CPD), LOCATED AT
4343 TOWNSHIP AVENUE; A ZONE TEXT AMENDMENT (Z-S-2024-
0001) TO EXEMPT THE PROJECT FROM PORTIONS OF TITLE 9 OF
THE SIMI VALLEY MUNICIPAL CODE RELATING TO MODIFICATIONS OF SETBACKS BETWEEN COMMERCIALLY ZONED LOTS AND PUBLIC· PARK USES; AND A DETERMINATION THAT THE PROJECT IS EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Subsequent to the distribution of the staff report, Staff noted an error in the project description on Page 2 of the Staff Report which states that a "Conditional Use Permit (CUP-S-400) was approved on February 5, 1992 by the Planning Commission for the use of the existing 2,720 square foot building and parking lot as a religious facility." The square footage of the existing building is 3,055 square feet.
The Planning Division has also received the following correspondence:
1. Email correspondence letter from Melissa Lilly, dated May 9, 2024 (Exhibit 1) opposing the project.
2. Email correspondence letter from Mike & Suzanne Thuotte, dated May 18, 2024 (Exhibit 2) opposing the project.
3. Email correspondence letter from Aubri Lancaster, dated May 18, 2024 (Exhibit 3) supporting the project.
4. Email correspondence letter from Debra de Luis, dated May 19, 2024 (Exhibit 4) supporting the project.
5. Email correspondence letter from Lynn Terry, dated May 21, 2024 (Exhibit 5) opposing the project.
S-1
CUPS400 MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report Supplemental (mg) 144
CUPS400 MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report Supplemental (mg) S-2
6. Email correspondence letter from Rachel Grigelis, dated May 22, 2024 (Exhibit 6) supporting the project.
7. Email correspondence letter from Richard Anderson, dated May 22, 2024 (Exhibit 7) supporting the project.
8. Email correspondence letter from Jeff Pedersen, dated May 22, 2024 (Exhibit 8) opposing the project.
9. Email correspondence letter from Effie Sk lavenitis, dated May 22, 2024 (Exhibit 9) supporting the project.
Regarding the correspondence received with concerns about sound impacts from the minaret, Staff is clarifying that there is no amplified sound associ ated with the minaret and its purpose is decorative.
Attachments:
Exhibit 1: Email correspondence letter from Melissa Lilly, dated May 9, 2024 Exhibit 2: Email correspondence letter from Mike & Suzanne Thuotte, dated May 18, 2024 Exhibit 3: Email correspondence letter from Aubri Lancaster, dated May 18, 2024 Exhibit 4: Email correspondence letter from Debra de Luis, dated May 19, 2024 Exhibit 5: Email correspondence letter from Lynn Terry, dated May 21, 2024 Exhibit 6: Email correspondence letter from Rachel Grigelis, dated May 22, 2024 Exhibit 7: Email correspondence letter from Richard Anderson, dated May 22, 2024 Exhibit 8: Email correspondence letter from Jeff Pedersen, dated May 22, 2024 Exhibit 9: Email correspondence letter from Effie Sklavenitis, dated May 22, 2024 145
1 From: Melissa Lilly
Sent: Thursday, May 09, 2024 3:40 PM
To: Neighborhood Councils; planningcomments
Subject: 4343 Township Avenue Project - Resident Statement 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 reply that you received this email and share the contents of my statement below during the May 9th Neighborhood Council Meeting, the May 22nd Planning Commission Meeting, and any other meetings related to this project. Thank you.
My statement:
As a resident directly across the street from 4343 Township Avenue, we vote “NO” on the proposed development.
It would appear that the Islamic Society of Simi Valley has outgrown this location all together. This property’s land area cannot accommodate the parking needs and a 2nd story would not better accommodate this. This community would be better served on a larger piece of land that can handle the parking and commercial zoning that is needed.
A second story building amongst the 1-story park building to the west, and 1-story restaurants and stores to the east, would not fit with the low-level 1-story structures.
This is a residential location that is mainly comprised of homes and should not be zoned for commercial use which would be very disruptive to the residents of this community.
As it stands, this property is not able to accommodate the parking needs of it’s frequent members. Members vehicles fill our residential streets frequently. Several neighbors have complained to us about the vehicles filling our street.
Being a resident directly across the street, a 2nd story would provide individuals inside the building a view into our private walled off back yard. Privacy is very important to us where we do not want any individual having a view into our backyard and pool area. As a woman I am uncomfortable being viewed in a bathing suit by anyone, and secondarily by people who may believe that a woman’s body is not allowed to be shown and any potential risks to me. I say this not to accuse, but to share a real concern of my body being viewed.
Noise is also a concern both during and after construction. The construction period would be a real issue given that we work from home and require quiet. In the past when the members would gather outside and sound was projected outside it was very disruptive, which I imagine would occur with the intentions for the Islamic Center to stay open to members during construction. Also the reference to a “Minaret” for the new building having the purpose to call those to prayer, if it does in fact submit sounds outside of this building, it would also be incredibly disruptive to the residents of this residential community who do not want to hear any noise projection.
In conclusion, a new location is needed for the Islamic Society of Simi Valley and not new construction on the current property which needs to remain a residential area.
EXHIBIT 1
146
1 From: Suzanne Thuotte
Sent: Saturday, May 18, 2024 10:52 AM
To: planningcomments
Cc: [email protected]; Natalie Mayer; [email protected]; Lee Kennedy; John Tolson Subject: No- on proposed development and modification of conditional use permit @ 4343 Township Ave.
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.
Planning Commissioners:
The proposed expansion of the Islamic Society Mosque on 4343 Township Ave is not suitable in the current residential location. The proposed structure would not even be suitable for the purposes intended. It would still be to small for their congregation. The height of the Dome and Minaret at 35 feet high (which is 3.5 stories tall) would be obtrusive in the residential neighborhood, where most homes are around 22' tall and would block the views of the single family homes in the area.They are proposing only 2 additional parking spaces for doubling their occupancy. The parking is already a problem on Township due to the School, Baseball field and restaurant next door. This is a residential neighborhood and the request for rezoning should be denied based on that fact. The construction and subsequent noise emitted from the proposed Minaret, calling those to prayer multiple times a day, would be disruptive to the residential community. I would propose a new location for the Islamic Society.
Thank you for your consideration,
Mike & Suzanne Thuotte
EXHIBIT 2
147
1 From: Aubri Lancaster
Sent: Saturday, May 18, 2024 12:47 PM
To: planningcomments
Subject: Agenda Item 11 A 1
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.
Hi, I'm writing as a resident in the nearby houses on Yukon Ave to support the expansion of the Islami c Society
of Simi Valley's building. This building has room to grow and it's a service to the community.
Aubri Lancaster
EXHIBIT 3
148
1 From: Debra deLuis
Sent: Sunday, May 19, 2024 3:37 PM
To: Kenneth Rice; Natalie Mayer; Allan Mann; John Tolson; Lee Kennedy; planningcomments
Cc: planningcomments
Subject: Agenda Item 11 A 1
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.
Greetings to all Council Members,
Thank you so much fo
r your commitment to making the community better!
I appreciate the opportunity to comment on the Islamic Society of Simi Valley and the planned expansion of their facility on Township Avenue.
I fully support the expansion for several reasons.
1. It will reinforce Simi Valley's commitment to religious freedom in a genuine and visible way.
2. It will demonstrate Simi Valley's commitment to equality and respect for all.
3. It will provide a safe and welcoming space for all, including our neighbors of the Islamic community.
4. Because two of my grandkids spend considerable time in Little League practices and games at the nearby Santa Susana baseball fields on Township Avenue, I look forward to the expansion giving the area a visual upgrade as well as more fully utilizing the land/property.
Please approve the planned expansion of the Islamic Society of Simi Valley. I believe the expansion will benefit the entire community.
Thanks!
Debra de Luis
Simi Valley, CA
Debra de Luís
(She, her, hers)
And therefore as a stanger give it welcome.
There are more things in Heaven and Earth, Horatio,
than are dreamt of in your philosophy.
(Shakespeare, from Hamlet)
EXHIBIT 4
149
1 From: Lynn Terry
Sent: Tuesday, May 21, 2024 3:34 PM
To: planningcomments
Subject: CASE NO.: CUP-S-400 MOD#1/GPA- 2021-0002/Z-S-2021-0007/Z-S-2024-0001 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.
Good Afternoon,
Regarding the Islamic Center reclassification & building a new structure.
I was born & raised in Simi Valley, raised my family and still live here today.
To change the Land Use designat
ion of the project site from Neighborhood Park to General Commercial is wholeheartedly a bad decision based on the location, you have Houghton Park that is used by many families along with the baseball fields adjacent to the structure.
The design of the structure is completely not in the realm of the neighborhood that is across the street or in fact the Park District Building next door.
Parking, how can there be 43 spaces designated when the occupancy is going to be well over that, the other establishments i.e Houghton Park, the Park District building and The El Patio/Township plaza, I believe The Township plaza is private property.
Parking is a problem now with the building that they have, If you have ever tried to visit one of the establishments at El Patio/Township Plaza on Friday's afternoon or one of there worship holidays its impossible to park because of the Islamic worshipers park in the Plaza parking lot, along with parking on the street some even parking along the red zone curbs.
I am apposed to the change of the Land Designation and the building of the new structure on the current property
Vote is NO!
Thanks You.
EXHIBIT 5
150
1 From: Rachel Grigelis
Sent: Wednesday, May 22, 2024 12:18 PM
To: Kenneth Rice; Natalie Mayer; Allan Mann; John Tolson; [email protected]; planningcomments
Subject: Agenda Item 11 A 1
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.
Greetings,
As a resident of Simi Valley, I urge you to support the Islamic Society Of Simi Valley's building expansion application.
Regards,
Rachel
Grigelis
93063
EXHIBIT 6
151
1 From: Richard Anderson
Sent: Wednesday, May 22, 2024 1:59 PM
To: planningcomments
Subject: Agenda item agenda item 11 A 1
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.
May 22nd 2024
To: Simi Valley planning Commission
Good afternoon, I am writing to express my support
for a member of our Interfaith community group here in
Simi Valley. I am writing in to express my support for the Islamic Society of Simi Valley’s pending application to expand its facility.
I have personally visited their Mosque a few times. As many of our buildings here in Simi Valley from, time to time we all need to ren
ew, remodel, or expand our facilities to meet the changing needs with our congregations or those utilizing our facilities. We celebrate the diversity we have here in Simi Valley and welcome all to be a part of this beautiful city. And I support th em in their application.
Richard M Anderson
Richard M Anderson
Simi Valley Stake President
Church of Jesus Christ of Latter‐day Saints
EXHIBIT 7
152
1 From: Jeff Pedersen
Sent: Wednesday, May 22, 2024 2:16 PM
To: planningcomments
Subject: Mosque Expansion
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.
Mosque Expansion
We object to the proposed mosque rebuild for several reasons:
Simi already has a surplus of commercial property.
McMansioning of mosque incompatible with neighborhood. The height and footprint are too large for the lot.
Only a matter of time till parishioners out grow their new building. Will park district just sell them more land? Parking is an issue. Parishioners already park illegally on the very corners of Arlington and Township.
Historically New Heart Church (just a short distance away) was blocked from building a two story structure backing homes on Divernon Street because it was incompatible with the neighborhood.
Ingersol-Rand International is based out of Pakistan-not necessarily a U.S. friendly entity.
One of their members is on trial for killing a Jewish man in Westlake. Photo of man below on left with leader of township mosque.
Jeff Pedersen
I live in Fountainwood tract adjacent to mosque and Simi resident since 1969 The linked image cannot
be displayed. The f ile m ay have been mov ed, renam ed, or deleted. Verify that the link poin ts to the correct file and location.
Jeff Pedersen
EXHIBIT 8
153
1 From: Effie Sklavenitis
Sent: Wednesday, May 22, 2024 2:47 PM
To: planningcomments
Cc: Kenneth Rice; Natalie Mayer; Allan Mann; John Tolson; Lee Kennedy Subject: Agenda Item 11 A 1
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.
Members of the Planning Commission,
As a resident of Ventura County, I express my strong support for the Islamic Society of Simi Valley's requests for approval of their proposed development plans. Our nation was founded on the principles of religious freedom. In this spirit, i
t is vital that we support initiatives that allow the Islamic Society of our community to enhance their space in order to comfortably welcome their members. The proposed upgrades, including increased bathroom facilities and designated spaces for activities, are essential for accommodating the growing needs of our community. These improvements will not only provide a more welcoming and functional environment for current members, but also ensure that future generations have a safe and accessible space for worship and community activities.
Importantly, the Islamic Society's plans have demonstrated a commitment to ensuring that "the current aging building would be replaced with new facilities to ensure the religious facility can continue to serve the community, while ensuring the building is compatibly designed with the neighborhood and the safety of adjoining uses" (pg. 2). The comprehensive planning ensures that the quality of life for all residents remains high. In fact, "the design, location, operating characteristics, and size of the proposed use is compatible with the existing and future land uses in the vicinity, in terms of aesthetics, character, scale, and view protection" (pg. 20).
By approving these requests, the Simi Valley Planning Commission will be upholding the values of religious freedom, community support, and thoughtful urban planning. Supporting the Simi Valley community in this project aligns with the foundational American values of religious liberty, ensuring that all neighbors are able to exercise this freedom in an accessible and comfortable manner. It is through such actions that we reinforce our commitment to inclusivity and the rich tapestry of faiths that make up our community.
I urge the commission to approve the Islamic Society of Simi Valley's requests, recognizing the positive contributions this organization makes to our city's cultural richness. Thank you.
Best regards,
Effie
EXHIBIT 9
154
-----Original Message-----
From: Colleen Diaz< ·· >
Sent: Wednesday, May 22, 2024 5:24 PM
To: planningcomments <[email protected]>
Subject: Mosque on Township St.
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.<https://simivalley.sharepoint.com/SitePages/ReportPhishing(SimiValleyEmployeesOnly).aspx> To the planning commission on Township St. Simi Valley
As a resident near Arlington Ave. I oppose the new rebuilding of the Mosque. There is not enough parking to support a huge building in this area. There is already a parking issue that is spilling over onto Arlington Ave. There is a park on one side that already is low on parking spaces. On the other side a mexican restaurant that the parking there overflows. Where are the people that own homes here suppose to park? There is no where near enough parking for a huge congregation. Please take into consideration this problem. Don't make our family neighborhood into a parking lot with the traffic congestion that will bring.
1 Sincerely,
Colleen Faitro
Simi Valley, Ca
Sent from my iPhone
155
RESOLUTION NO. SVPC 05-2024
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SIMI VALLEY RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF: (1) CONDITIONAL USE
PERMIT MODIFICATION (CUP-S-400 MOD #1); (2) A
GENERAL PLAN AMENDMENT (GPA-2021-0002); (3) A
ZONE CHANGE (Z-S-2021-0007); AND (4) ZONE TEXT
AMENDMENT (Z-S-2024-0001) IN ORDER TO
CONSTRUCT A TWO-STORY RELIGIOUS INSTITUTION,
FOR A PROPERTY LOCATED AT 4343 TOWNSHIP
AVENUE; 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, Nashat Mshaiel, on behalf of the Islamic Society of Simi Valley, requested a Modification to an existing Conditional Use Permit (CUP-S-400 MOD #1 ), a General Plan Amendment (GPA-2021-0002) to change t he Land Use designation from Neighborhood Park to General Commercial and a Zone Change (Z-S-2021-0007) to change the zoning map designation from Residential Medium Density (RM) to Commercial Planned Development (CPD) for a 0.64-acre site located at 4343 Township Avenue, designated as Ventura County Assessor's Parcel No. 614-0-030-325 and by the legal description attached as Exhibit A; and a Zone Text Amendment (Z-S-2024-0001) to exempt the project from portions of Title 9 of the SVMC relating to modifications of setbacks standards and landscape buffers.
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 (California Public Resources Code §§ 21000, et seq., "CEQA") and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "CEQA Guidelines"), and the City's Environmental Guidelines;
C. The Director completed the review and scheduled the public hearing regarding the application before the Planning Commission for May 22, 2024; D. On May 22, 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
17 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) 156
RES. NO. SVPC 05-2024
E. This Resolution and its findings are made based upon the evidence presented to the Commission at its May 22, 2024, hearing including, without limitation, the staff report submitted by the Environmental Services Department.
F. General Plan Amendment Finding (General Plan, Chapter 1, page 1-17): The General Plan Amendment is in the public interest, is not detrimental to the public health, safety, and welfare, and is otherwise consistent with the General Plan, and the appropriate environmental review has been completed before acting on any request. The public interest is benefited by ensuring that the aging building that has been utilized as a religious facility since 1992 can be updated to continue to serve the community. The lot's existing General Plan Land Use designation is not consistent with its zoning and neither are reflective of the property's use for the past 50 years. The proposed General Plan amendment would ensure consistency with the nearest and most comparable Land Use designation and zoning of the lot to the east of the site, of General Commercial and Commercial Planned Development (CPD).
Based on these factors, the Planning Commission, therefore, finds the project complies with this General Plan Amendment finding.
G. Zone Change, Zone Text Amendments, and Conditional Use Permit Finding. The proposed use is consistent with the purpose, intent, goals, policies, programs, and Land Use designations of the General Plan. The proposed project is consistent with the following General Plan Policies:
a. LU-16.3 Religious Institutions. Regulate the location and use of religious institutions in and adjoining residential neighborhoods to prevent significant traffic, parking, noise, and other impacts. The proposed project would allow parking within the side and the front yard of the site, which would allow the building to be upgraded while ensuring safety requirements are met and the minimum of 42 spaces required per the City's parking requirements in Simi Valley Municipal Code § 9-34.060 - Parking Space Requirements are met, protecting the residential neighborhoods to the south from traffic, parking, and other impacts.
b. Policy LU-21.7 Assembly Facilities. Encourage and support the development of assembly facilities for social, cultural, educational, and religious organizations in locations where they can be located, designed, and managed to assure compatibility with and the safety of adjoining uses. The site has been used as a religious facility since 1992 and the proposed project will allow the aging building to be replaced with a new facility, ensuring it can continue to serve the community with a design that is compatible with the neighborhood and the safety of adjoining uses.
c. Policy LU-5.4 Integration of Nonresidential Uses in Neighborhoods. Buffer different land uses within a neighborhood from one another by walls, fences, trees, and landscaped greenbelts. The purpose of SVMC Section 9-33.030 - Landscape Requirements is to maintain a buffer between sensitive residential 18 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) 157
RES. NO. SVPC 05-2024
uses and commercial and industrial uses. The proposed project and Zone Text Amendment will continue to fulfill the purpose of this "buffering" goal. The City's parks have a General Plan Land Use designation of residential and require a separate "park" zoning due to their Land Use designation. The City, however, does not have park zoning district. The lot's current General Plan Land Use designation, therefore, is inconsistent with its zoning as detailed in Table LU-1 (Page 47 of Chapter 3 of the General Plan). The City is in the process of preparing a "park" zone and while this is in process, the proposed changes would ensure the Applicant is able to utilize their property to serve the community while the intent of the buffering requirement in the Municipal Code is fulfilled.
H. Zone Change and Zone Text Amendments Finding. The applicable review authority shall state how it has considered the effect of this amendment on the housing needs of the region, has balanced these needs against the public service needs of its residents, and against available fiscal and environmental resources, in compliance with State law (Government Code Section 65863.6). The General Plan Land Use designation of the site is Neighborhood Park, which does not allow residential uses. As such, the proposed Zone Change to General Commercial will not have an effect on the housing needs of the region. The religious institution use of the site in terms of intensity will remain largely unchanged. Any future commercial use of the property is unlikely to generate any large changes to the housing needs of the region as the site is only 0.64 acres in size. The proposed Zone Text Amendments are limited to commercial and industrial zones and will not have an effect on the housing needs to the region.
I. Conditional Use Permit Finding. The proposed use is allowed with a Conditional Use Permit within the applicable zoning district and complies with all applicable provisions of the SVMC, in that the proposed use of a religious facility is allowed with a Conditional Use Permit in the proposed Commercial Planned Development (CPD) zoning district. The project is consistent with the SVMC's maximum building height, maximum number of stories, minimum off-street parking, and landscaping standards. Setbacks for the project are met as based on the proposed CPD Zoning and the elimination of side yard setbacks next to public park uses pursuant to the proposed Zone Text Amendment.
J. Conditional Use Permit Finding. The project is consistent with the City-adopted design guidelines, in that staff evaluated the project for conformance with the Citywide Design Guidelines (COG) as follows:
i) The building will be "Champagne & Topaze" fiber cement panels or smooth plaster. This meets the COG Chapter 2 Section E.1.6 recommendations for base wall colors which should be "soft, subdued" colors (page 2-30) and that "no more than three colors should be used on any given facade" (page 2-31).
ii) The project incorporates decorative metal grill elements within the building elevations which meets COG Chapter 2 Section E.1.5 (page 2-29) which lists "decorative metal" as an encouraged material.
19 CUPS400MOD#1 GPA20210002 2S20210007 2S20240001 PC Staff Report (mg) 158
RES. NO. SVPC 05-2024
iii) The proposed building incorporates a single-story element on the east side of the building with a two-story element on the west side of the building, which meets COG Chapter 2 Section E.1.7, which encourages "combining one and two-story roof elements" (page 2-33).
K. Conditional Use Permit Finding. The design, location, operating characteristics, and size of the proposed use is compatible with the existing and future land uses in the vicinity, in terms of aesthetics, character, scale, and view protection, in that the scale of the building will be reduced by variation in the massing. The building at its highest point will be 35 feet tall, which is lower than the 48 feet maximum allowed in the CPD zone. The proposed building will be taller than the 16,000 square foot El Patio Plaza on the east side, and an administrative building in the park, that contains storage, offices and restrooms, on the west. The proposed building however, varies in height from 21 feet to 27 feet, with the dome and minaret extending to 35 feet. The roofline as a result is broken up, reducing its massing. The building is further softened by being setback 43 feet from the commercial buildings on the east and over 100 feet from the residences to the south. The proposed building covers less than 16 percent of the entire lot and with a width of 87 feet, leaves 40 percent of the lot width open. As such, the proposed building should not have adverse aesthetic impacts surrounding properties.
The proposed design and building colors provides a high design aesthetic and character with earth toned colors which is in character with the surrounding buildings. Parking for the religious institution, as required by SVMC Section 9-
34.060, is met on site.
View protection is not applicable as the project is being built on a flat lot on the valley floor. Therefore, it not altering natural topography (refer to General Plan Policy NR-3.1 ), it is not within a visually sensitive area such as a hillside (refer to General Plan Policies NR-3. And NR-3.5), and the SVMC does not protect views from individual valley floor lots.
Thus, the proposed religious institution's design, location, and size of the proposed use is compatible with the existing and future land uses in the vicinity, in terms of aesthetics, character, scale, and view protection.
L. Conditional Use Permit Finding. That the proper standards and conditions have been imposed, which protect the public health, safety, and welfare, in that the Applicant must obtain all required building permits from Building and Safety pursuant to the California Building Code and all required permits from the Ventura County Fire Protection District before occupancy. The Applicant must also provide a photometric plan to comply with minimum illumination standards for the public parking areas per SVMC Section 9-30.040 to ensure minimum illumination standards at nighttime are met, and that the illumination does not spill onto adjacent properties or create glare (Condition A-17). The project will need to meet stormwater retention needs as specified in Conditions *B-9, *B-10, *B-11 and *B-
12. The Planning Commission, therefore, finds that public health, safety, and welfare are being protected with implementation of these design conditions. 20 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) 159
RES. NO. SVPC 05-2024
SECTION 3: Environmental Assessment. Because of the facts set forth in Sections 1 and 2, the Director determined that the project is exempt from CEQA under CEQA Guidelines §15061 - Common Sense Exemption and CEQA Guidelines §15303 - New Construction or Conversion of Small Structures (Class 3). The Director, therefore determined the project is exempt from further environmental review pursuant to CEQA § 15300, et. seq and pursuant to§ 15062, and a Notice of Exemption has been prepared.
SECTION 4: Recommendations. The Planning Commission recommends that the City Council adopt the ordinances approving General Plan Amendment (GPA-2021-0002) set forth in attached Exhibit "B"; Zone Change (Z-S-2021-0007) set forth in attached Exhibit "C"; Zone Text Amendment (Z-S-2024-0001) set forth in attached Exhibit "D"; and CUP S-400 MOD#1 subject to the Conditions of Approval attached as Exhibit "E", (the "COA"); which are incorporated herein by reference.
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 CUP 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.
SECTION 8: This Resolution will remain effective until superseded by a subsequent resolution.
21 CUPS400MOD#1 GPA20210002 2S20210007 2S20240001 PC Staff Report (mg) 160
RES. NO. SVPC 05-2024
SECTION 9: The Commission secretary is directed to mail a copy of this Resolution to any person requesting a copy.
PASSED and ADOPTED this 22nd day of May 2024.
Attest:
Claudia De Leon
Office Specialist 11
Allan C. Mann, Chairperson
Planning Commission
Approved as to Form:
Algeria R F~rd,:z:u
-~ ~ ~ -
Brian I. Hamblet
Sr. Assistant City Attorney
Approved as to Content:
Sean Gibson
Deputy Environmental Services Director/
City Planner
22 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) 161
RES. NO. SVPC 05-2024
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 22, 2024, by the following vote:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Commissioners Kennedy, Rice, and Tolson; Vice
Chairperson Mayer; and Chairperson Mann
None
None
None
ATTEST:
Claudia De Leon
Office Specialist II
23 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) 162
RES. NO. SVPC 05-2024
EXHIBIT A
LEGAL DESCRIPTION
All that certain real property situated in the County of Ventura, State of California, described as follows:
The Southerly 200 feet of the Westerly 145 feet of the Easterly 445 feet of Lot 119, Subdivision No. 5 of the Tapo Ranch, in the City of Simi Valley, County of Ventura, State of California, as per map recorded in Book 8, Page 37 of Maps, in the Office of the County Recorder of said County.
APN: 614-0-030-325
24 CUPS400MOD#1 GPA20210002 ZS20210007 2S20240001 PC Staff Report (mg) 163
RES. NO. SVPC 05-2024
EXHIBIT B
CASE NO.: CUP-S-400MOD#1 /GPA-2021-0002/Z-S-2021-0007 /Z-S-2024-0001 APPLIC ANT: Nashat Mshaiel
General Plan Amendment No. GPA-2021-0002, to change the General Plan Land Use Map from Neighborhood Park to General Commercial for APN 614-0-030-325.
General
Commercial
-
A 0- - 1-=00= =200 w f01I
General Plan Land Use Map
25 CUPS400MOD#1 GPA20210002 ZS20210007 2S20240001 PC Staff Report (mg) 164
RES. NO. SVPC 05-2024
EXHIBIT C
CASE NO.: CUP-S-400MOD#1 /GPA-2021-0002/Z-S-2021-0007 /Z-S-2024-0001 APPLICANT: Nashat Mshaiel
Zone Change No. Z-S-2021-0007, to change the Zoning classification and map of the subject site from Residential Medium Density (RM) to Commercial Planned Development (CPD) for APN 614-0-030-325.
'.>J, Proposed Zone
-✓- -- • change from RM
to CPD
---
SCALE: 1" • 500'
This map last updated
9/24107
26 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) 165
RES. NO. SVPC 05-2024
EXHIBIT D
CASE NO.: CUP-S-400MOD#1/GPA-2021-0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
Proposed Simi Valley Municipal Code Text Amendments (Z-S-2024-0001) Amendments to the following sections of Title 9 of the SVMC are shown below. Revised code sections are shown as underlined text. Deletions are shown as strikethrough text.
Part 1
9-26.040 - Commercial and Industrial District General Development Standards TABLE 2-6 - COMMERCIAL AND INDUSTRIAL DISTRICT GENERAL DEVELOPMENT
STANDARDS
Development Requirement by Zoning District
Feature
co CN CR cc co
Sides (each) None required when located adjacent to a non-residentially zoned Rear parcel or public park use, otherwise uAless leGateEl adjacent te a resiEleAtially 2:eAeEl f:)aFGel. IA these Gases, the setback shall be 20 ft, plus 1 additional ft for each ft or portion thereof by which the structure exceeds 20 ft in height.
Development Requirement by Zoning District
Feature
CPD Cl BP Overlay LI GI
Sides (each) None required when located adjacent to a non-residentially zoned Rear parcel or public park use, otherwise uAless leGateEl aEljaGeAt te a resiEleAtially 2:eAeEl parcel, IA these Gases, the setback shall be 20 ft, plus 1 additional ft for each ft or portion thereof by which the structure exceeds 20 ft in height.
1) 9-33.030 - Landscape Requirement
I. Buffer landscaping requirements.
1. For any commercial or industrial yard next to residentially zoned property, excluding a public park use, a minimum of 10 feet of landscaping shall also be required adjacent to the residentially zoned property within the required setback area in compliance with Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards). A solid six-foot high masonry wall shall also be required along the common property line. Buffer requirements 27 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) 166
RES. NO. SVPC 05-2024
CASE NO.: CU P-S-400MOD#1 /GPA-2021-0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
for mini-warehouse/self-storage facilities are contained in Section 9-
33.030. K. Buffer requirements for CR zones are contained in Section 9-
33.030.1.3.
28 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) 167
RES. NO. SVPC 05-2024
EXHIBIT E
CASE NO.: CUP-S-400MOD#1/GPA-2021-0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
PROJECT PERMIT CONDITIONS
The conditions marked with an asterisk (*) are Special Conditions applicable specifically to this permit. In the event of a conflict between a Standard Condition and a Special Condition, the Special Condition will take precedence. 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 h erein. "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-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 Sheet A-0 - Vicinity Map, Code, DWG Index; Sheet A-1 - Existing Plan; Sheet A-2 - Demolition Plan; Sheet A-3 - Site Plan; Sheet L-1 - Landscape Design Plan; Sheet A-4 - Ground Floor Plan; Sheet A-5 - Second Floor Plan; Sheet A-6 - Roof Plan; Sheet A-6.1 - Details - Roof Hatch/Ladder & Trash Enclosure; Sheet A-7 - North Elevation; Sheet A-8 - South Elevation; Sheet A-9 - East Elevation; Sheet A-10 - West Elevation; Sheet A-11 - Sections; Sheet A-12 - Visuals; Sheet A-13 - Materials; Grading Plan Sheet 5 of 11 - Fine Grading; dated March 20, 2023.
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 Simi Valley Municipal Code ("SVMC").
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 the California Environmental Quality Act, Public Resources Code § 21000, et seq., for the 29 CUPS400MOD#1 GPA20210002 ZS20210007 2S20240001 PC Staff Report (mg) 168
RES. NO. SVPC 05-2024
CASE NO.: CU P-S-400MOD#1 /GPA-2021-0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
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 SVMC.
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 the conditions of approval.
A-5 Anything which is not shown on the application/plans, or which is not specifically approved, or which is not in compliance with this CUP, is not approved. Any application and/or plans which are defective as to, without limitation, ormssron, dimensions, scale, use, colors, materials, encroachments, easements, renders 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 are incorporated by reference as conditions of this permit. The duty to determine which laws and regulations apply to the Permittee is the burden of the Permittee its assignees or successors in interest.
A-7 Permittee agrees that if any of the conditions or limitations of this permit are ruled invalid by a court of competent jurisdiction, that ruling will render this permit null and void.
A-8 Permittee must provide the Environmental Services Director with a copy of all conditions of approval recorded with the Ventura County Recorder's Office.
A-9 Permittee cannot attach signs, flags, pennants, streamers, or banners of any type to the light poles or landscaping.
A-10 Permittee must submit to the Director for review and approval a trash and recycling enclosure plan. The Director will review the plan for compliance with the following criteria:
a. The enclosure must incorporate the same architectural treatment and use the same approved exterior colors and materials as the main building;
b. The enclosure must incorporate an opaque gate and include a solid roof, which must be designed to preclude trash from being blown out of the trash and recycling bins;
30 CUPS400MOD#1 GPA20210002 ZS20210007 2S20240001 PC Staff Report (mg) 169
RES. NO. SVPC 05-2024
CASE NO.: CUP-S-400MOD#1/GPA-2021-0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
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-11 Permittee must submit a utility plan to the Director for review and approval.
The plan must include:
a. Size a nd location of all a bove-ground utility cabinets and underground utility v aults for electric, telephone, cable communications, backflow prevention devices, and fire sprinkler pressure detector check valves;
b. Screening design and location for all above-ground utility equipment by 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 Director 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-12 Permittee must retain a professional Native American monitor procured by the Fernandefio Tataviam Band of Mission Indians ("FTBMI") to observe all ground-disturbing a ctivities including, without limitation, excavating, digging, trenching, plowing, drilling, tunneling, quarrying, grading, leveling, clearing, driving posts, auguring, blasting, stripping topsoil or similar activity.
If cultural resources are encountered, the Native American monitor has the authority to request that ground-disturbing activities cease within 60 feet of discovery and a qualified archaeologist meeting the Secretary of Interior standards shall assess the find. Work on the portions of the Projects outside of the buffered area may continue during this assessment period.
A-13 Permittee must, in good faith, consult with the FTBMI on the disposition and treatment of any Tribal Cultural Resource, as defined by Public Resources Code Section 21074, encountered during all ground disturbing activities.
A-14 If human remains or funerary objects are encountered during any activities associated with the Project, work within a 100-foot buffer of the find must 31 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) 170
RES. NO. SVPC 05-2024
CASE NO.: CUP-S-400MOD#1/GPA-2021-0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
cease and the County Coroner must be contacted pursuant to Health and Safety Code §7050.5 and must determine the origin and disposition of the remains. Inadvertent discoveries of human remains and/or funerary object(s) are subject to Health and Safety Code Section 7050.5, and the subsequent disposition of those discoveries must be decided by the Most Likely Descendant, as determined by the Native American Heritage Commission, should those findings be determined as Native American in origin.
A-15 Before the Building O fficial, or designee, conducts an occupancy inspection, Permittee must provide to the Director 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-16 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.
A-17 Permittee must submit photometric and luminaire plans that comply with SVMC Section 9-30.040. The plans must demonstrate 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-18 Approval of this project requires certain legislative determinations by the City Council. The approval of Conditional Use Permit CUP-S-400 MOD #1 is hereby expressly made contingent upon the approval of the General Plan Amendment (GPA-2021-0002), Zone Change (Z-S-2021-0007), and Zone Text Amendment (Z-S-2024-0001) by the City Council.
*A-19 Permittee must submit to the Deputy Environmental Services Director/City Planner for review and approval, revised plans at the construction phase that depict three bicycle parking spaces.
*A-20 Permittee must submit to the Deputy Environmental Services Director/City Planner for review and approval, a revised site and landscape plan at the construction phase that depicts an additional landscape island with a minimum width of seven feet, on the northern side of the building adjacent to the Americans with Disabilities Access parking space. 32 CUPS400MOD#1 GPA20210002 ZS20210007 2S20240001 PC Staff Report (mg) 171
RES. NO. SVPC 05-2024
CASE NO.: CUP-S-400MOD#1/GPA-2021-0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
B. PUBLIC WORKS CONDITIONS:
Development
B-1 These Conditions of Approval supersede all conflicting notations, specifications, dimensions, and typical sections which may be shown on development plans or exhibits. The Conditions stated herein must not be considered a comprehensive listing of all State and Municipal Code requirements. All of the following Conditions, including the payment of all miscellaneous fees, must be completed before the Environmental Services Director issues a Zoning Clearance, unless other timing has been specified by the City Engineer.
B-2 Before issuance of a Grading Permit by the Director of Public Works, 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, including those required by 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 permit's issuance, 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 in a form and amount acceptable to the City Engineer.
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 City Engineer.
B-5 Before occupancy, Permittee must complete all improvements per the accepted plans and approved conditions and must obtain acceptance for the improvements by the City Engineer.
33 CUPS400MOD#1 GPA20210002 2S20210007 2S20240001 PC Staff Report (mg) 172
RES. NO. SVPC 05-2024
CASE NO.: CUP-S-400MOD#1/GPA-2021-0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
Grading
B-6 Before issuance of a grading permit by the Director of Public Works, 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 Engineer, Permittee must submit a digital file of the report and all comments, responses, references, and supporting data to the City Engineer.
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 to the City Engineer.
B-8 Permittee must obtain a grading permit, complete the grading according to the approved plans, and provide certifications by the soils engineer and a California State Registered Civil Engineer to the City Engineer.
Storm Water Quality
*B-9 Before the City Engineer issues a grading permit, Permittee must submit to the City Engineer for review a final drainage study prepared by a California State Registered Civil Engineer. The drainage study must include hydrologic and hydraulic calculations to verify the size of the underground stormwater treatment vault and the capacity of all storm water drainage facilities on the site.
*B-10 Permittee must submit to the City Engineer for review, and must execute and record upon approval, a Deed Restriction Covenant and Agreement regarding Storm Drain and Stormwater Treatment Device Maintenance. *B-11 Before the City Engineer issues a grading permit, Permittee must prepare a Storm Water Pollution Prevention Plan and must incorporate permanent storm water quality treatment devices into the site improvements for review and approval by the City Engineer.
*B-12 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.
Undergrounding of Utilities
B-13 Permittee must design improvements so that all existing and proposed utilities are underground.
34 CUPS400MOD#1 GPA20210002 2S20210007 2S20240001 PC Staff Report (mg) 173
RES. NO. SVPC 05-2024
CASE NO.: CUP-S-400MOD#1/GPA-2021-0002/Z-S-2021-0007 /Z-S-2024-0001 APPLICANT: Nashat Mshaiel
Traffic
*B-14 Permittee must design and construct any landscaping to incorporate and provide for the minimum safe vehicle/driver sight distances at the project driveways, restrict 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 project monuments, signs, or other impediments to the driver's sight visibility are allowed within that restricted area, as determined 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-15 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 Standards. Width of driveways must be per approved plan. Driveways must have minimum 15' radius returns. *B-16 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-17 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, to the satisfaction of the City Engineer. *B-18 Permittee must pay the Traffic Impact Fee specified in the City of Simi Valley Schedule of Service Charges in effect at the time of payment prior to issuance of the Zoning Clearance by the Environmental Services Director, as stated in the current Traffic Impact Fee Resolution. The total fee is based on daily vehicle trip ends, with the project forecast to generate 237 daily trip ends.
Sanitation Services
B-19 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-20 Permittee must apply for, and obtain, a Sewer Will-Serve Letter from the Sanitation Services Division.
35 CUPS400MOD#1 GPA20210002 2S20210007 2S20240001 PC Staff Report (mg) 174
RES. NO. SVPC 05-2024
CASE NO.: CUP-S-400MOD#1/GPA-2021-0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
B-21 Before issuance of a Sewer Will-Serve Letter, Permittee must pay all applicable sewer connection fees.
B-22 Permittee must receive approval from the Environmental Services Director 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.
Waterworks District No. 8
B-23 Permittee must design and construct all public water facilities to comply with the Rules and Regulations of Ventura County Waterworks District No. 8 (District), per Resolution No. WWD-2, and the Water Design and Construction Standards Manual adopted by the Board of Directors of the District on July 26, 2021, and subsequent revisions.
B-24 Permittee must apply for, and obtain, a Water Will-Serve Letter from the District prior to issuance of a Zoning Clearance by the Director of Environmental Services.
B-25 Before issuance of a Water Will-Serve Letter by the Public Works Director or Designee, the Permittee must submit a utility plan to the District for review and approval. The utility plan must depict all proposed domestic, irrigation, fire line connections, and backflow prevention assemblies. The utility plan must also depict all existing water mains, fire hydrants, services and meters.
All water facilities must be labeled accordingly. Record drawings for water facilities may be obtained by contacting the Public Works Director or City Clerk's offices.
B-26 Backflow prevention assemblies must be located on private property as close as practical to the meter, but no further than 10 feet from the public right-of way or District's easement, and screening must comply with Planning Division's requirements detailed in Condition A-11.
B-27 Fire protection facilities must comply with the design requirements set by the Ventura County Fire Protection Department (VCFPD). The VCFPD Fire Chief or designee must review and approve the locations of existing and proposed fire hydrants on the utility plans before District approval.
B-28 Before issuance of a Water Will-Serve Letter by the Director of Public Works or designee, the Permittee must submit an approved VCFPD Form 625 with authorized signatures from the designated VCFPD and District officials. 36 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) 175
RES. NO. SVPC 05-2024
CASE NO.: CUP-S-400MOD#1/GPA-2021-0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
B-29 Before issuance of a Water Will-Serve Letter, the Permittee must submit a Water Supply Fixture Unit Count in accordance with the latest version of the California Plumbing Code (CPC). Estimated Average Daily Demand must be determined through fixture counts for each existing/proposed building for each fixture based on the CPC.
B-30 Permittee must verify if the existing domestic meter has sufficient capacity to supply the added water demand for the proposed project. If not, the Permittee must make the necessary upgrades in compliance with District's standards.
B-31 Before the installation of landscaping or issuance of a Certificate of Occupancy by the Director of Environmental Services, whichever comes first, the Permittee must purchase and install domestic and irrigation water meters to the satisfaction of the Director of Public Works or designee.
B-32 B efore issuance of a Water Will-Serve Letter, the Permittee must pay the capital improvement charge for water service. The estimated total fee is based on the domestic water meter size. Credits may apply and actual fees are determined at the time of payment prior to issuance of a Zoning Clearance by the Environmental Services Director.
Maintenance
B-33 Permittee must submit, to the Director of Public Works or designee, final Landscape and Irrigation Plans for the project for review and approval.
Landscape and Irrigation Plans must include estimates and plan check and inspection fees. The project must conform to the Ventura County Waterworks No. 8 Conservation Standards, State of California AB1881 California Model Water Efficient Landscape Ordinance, and d esign requirements of SVMC sections 7-3.08 and 7-3.09.
B-34 Permittee must insure that the landscape and irrigation design plans include provisions 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 of the public rights-of-way and public sidewalk.
B-35 Permittee must provide the Director of Public Works or designee with a design such that all landscaping within the "Line of Sight" areas at driveways, does not exceed 30" maximum plant height at maturity. 37 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) 176
RES. NO. SVPC 05-2024
CASE NO.: CUP-S-400MOD#1/GPA-2021-0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
C.
B-36 Permittee must screen all above ground utilities, such as check valves and transformers, which may be located adjacent to the right-of-way. Above ground utilities must be setback sufficiently, approximately 6-8 feet from the right-of-way, to allow adequate onsite screening from the roadway as determined by Director of Public Works or designee.
LANDSCAPING CONDITIONS:
C-1 Permittee must submit final landscape and irrigation plans, and supporting materials as outlined in the City of Simi Valley Final Landscape Plan Checklist, 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 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. Depict all protected trees pursuant to Section 9-38.050 of the SVMC; 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 cannot include any live turf areas. The plant palette cannot include invasive plants as listed in the California Invasive Plant Council Invasive Plant Inventory. 38 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) 177
RES. NO. SVPC 05-2024
CASE NO.: CUP-S-400MOD#1/GPA-2021-0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
C-2 Permittee must protect and preserve all protected trees on the site from the date of this approval until the final building inspection or the certificate of occupancy for the last building to be constructed, unless the Director grants a Tree Removal Permit authorizing the removal of the trees. Permittee must mitigate the loss of all protected trees, relocated trees, and trees identified on the Final Landscape Plan for the lifetime of the permit, in compliance with SVMC Chapter 9-38 and the City's Landscape Design Guidelines.
C-3 B efore the Building Official issues a Certificate of Occupancy or a Final Inspection request, whichever comes first, Permittee must:
a. Install all landscaping so as to be consistent with the approved landscape plans referred to in Condition C-1;
b. Require that the Applicant's landscape architect be present during the final landscape inspection by the City and certify that the installation of landscape materials and irrigation systems are in compliance with the approved landscape plan; and
c. Provide the Deputy Environmental Services Director/City Planner with a completed Final Landscape Plan Checklist to the satisfaction of the Deputy Environmental Services Director/City Planner following completion of the landscape installation.
C-4 For the lifetime of this permit, Permittee must maintain landscaping in compliance with the following standards:
a. All tree pruning or thinning must conform to current arboricultural pruning guidelines including, without limitation, Tree Care Industry Association, ANSI A300 Standards;
b. Branches must be removed as needed and determined Director of Public Works or designee to allow for a 14-foot vehicular path clearance and an eight-foot pedestrian path clearance; and c. Replace all dead or missing plants to comply with the approved landscape plan. The minimum replacement size must be at least a 24" b oxed tree o r fi ve-gallon shrub/vine, or a one-gallon groundcover.
D. VENTURA COUNTY FIRE PROTECTION DISTRICT:
D-1 Permittee must comply with all current Ventura County Fire Protection District (VCPD) Ordinances, Codes, and Standards.
39 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) 178
RES. NO. SVPC 05-2024
CASE NO.: CUP-S-400MOD#1/GPA-2021-0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
D-2 Permittee must obtain approved VCFD Form 610 "Fire Permit Application" and Form 625 "Fire Flow Verification" before obtaining a building permit for any new structures or additions to existing 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.
D-4 Permittee must submit plans for water systems supplying fire hydrants and/or fire sprinkler systems, which cannot be located within a water purveyor's easement, for review and approval by the VCFPD Fire Chief or designee before issuance of grading plans by the Public Works Director or designee and/or building permits by the Environmental Services Director or signing of Mylar plans, whichever is first. Plans must reflect only dedicated private fire service lines and associated appurtenances.
D-5 Permittee must submit two site plans to the Fire District for review and approval of access and location points of fire lanes. Before occupancy, all fire lanes must be posted "NO PARKING-FIRE LANE-TOW AWAY" in accordance with California Vehicle Code, the International Fire Code and current VCFPD Fire Lane Standards. All signs and/or Fire Lane markings must be within recorded access easements.
D-6 Permittee must provide approved turnaround areas for fire apparatuses when dead-end Fire Department access roads/driveways exceed 150 feet.
Turnaround areas cannot exceed a 5 percent cross slope in any direction and must be located within 150 feet of the end of the access road/driveway.
Turnaround areas must not be used for parking and must always be kept free of obstructions. Permittee must post signs indicating turnaround areas as Fire Lanes in accordance with Fire District Fire Lane Standards.
D-7 Buildings housing Group A occupancies must front directly on or discharge traffic to a public street at least 20 feet in width. The exit discharge to the public street must be a minimum 20-foot wide right-of-way, unobstructed, and maintained only as exit discharge to the public street. The main entrance to the building must be located on a public street or on the exit discharge.
D-8 Before construction, Permittee must submit plans to the Fire District for placement of fire hydrants. On the submitted plans, Permittee must depict existing hydrants within 500-feet of the development and indicate the type of hydrant, number, and size of outlets.
D-9 Permittee must install fire hydrants and place them in service before beginning combustible construction and the hydrants must conform to the 40 CUPS400MOD#1 GPA20210002 ZS20210007 ZS20240001 PC Staff Report (mg) 179
RES. NO. SVPC 05-2024
CASE NO.: CUP-S-400MOD#1/GPA-2021-0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
minimum standard of the City of Simi Valley Water Works Manual and the following:
• Each hydrant must be a 6-inch wet barrel design and must have (1) 4- inch and (2) 2 ½ inch outlet(s);
• The required fire flow must be achieved at no less than 20-psi residual pressure;
• Fire hydrants must be spaced 500-feet on center and located so that no Fire Department Connection must be farther than 150-feet from any one hydrant;
• Fire hydrants must be set back in from the curb face 24-inches on center;
• No obstructions, including walls, trees, light and signposts, meter, must be placed within three feet of any hydrant;
• A concrete pad must be installed extending 18-inches out from the fire hydrant; and
• Ground clearance to the lowest operating nut must be between 18 to 24 inches.
D-10 Permittee must provide all structures with an automatic fire sprinkler system in accordance with California Building Code and California Fire Code requirements, and current Ventura County Fire Ordinance at time of building permit application.
D-11 Permittee must install a fire alarm system in all buildings in accordance with the California Building Code and California Fire Code requirements.
END OF ALL CONDITIONS
41 CUPS400MOD#1 GPA20210002 2S20210007 2S20240001 PC Staff Report (mg) 180
RES. NO. SVPC 05-2024
CASE NO.: CUP-S-400MOD#1/GPA-2021-0002/Z-S-2021-0007/Z-S-2024-0001 APPLICANT: Nashat Mshaiel
AFFIDAVIT
1, , 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 its approval of CUP S-400 MOD#1. Permittee and property owners agree to comply with these conditions and all other applicable laws and regulations that affect this project.
Signature _
Printed Name - --------- -
Date
42 CUPS400MOD#1 GPA20210002 ZS20210007 2S20240001 PC Staff Report (mg) 181
MINUTES OF THE MEETING OF THE
PLANNING COMMISSION
MOBILE HOME RENT MEDIATION BOARD
TREE ADVISORY BOARD
City Council Chamber May 22, 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 6:31 p.m.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
Present: Commissioners Kennedy, Rice, and Tolson; Vice Chairperson Mayer; Chairperson Mann
Absent: None
4. APPROVAL OF AGENDA
It was the consensus of the Commission to approve the agenda as submitted.
5. APPROVAL OF MINUTES – May 8, 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. was provided through email, at the dais, and available to the public. A late correspondence was also received and the email was provided at the meeting.
9. CONSENT CALENDAR – None
10. CONTINUED BUSINESS – None
182
Planning Commission Meeting
Mobile Home Rent Mediation Board
Tree Advisory Board Minutes – Page 2 May 22, 2024
11. NEW BUSINESS
A. PUBLIC HEARINGS
1. CUP-S-400 MOD#1, GPA- 2021-0002, Z-S-2021-0007, and Z-S- 2024-0001: To consider a modification to an existing Conditional Use Permit (CUP-S-400 MOD#1) to construct a two-story religious facility; a General Plan Amendment (GPA-2021-0002) to change the Land Use designation of the project site from Neighborhood Park to General Commercial; a Zone Change (Z-S-2021-0007) from
Residential Medium (RM) to Co mmercial Planned Development (CPD); a Zone Text Amendment (Z -S-2024-0001) to exempt the project from portions of Title 9 of the Sim Valley Municipal Code relating to modifications of se tbacks between commercially zoned lots and public park uses; and a dete rmination that the project is exempt from the California Environmental Quality Act
Location: 4343 Township Avenue
Staff Contact: Naren Gunasekera
(805) 583-6863
There were no ex parte communications to report.
Deputy Environmental Services Director/City Planner Sean Gibson gave a brief overview of the project.
Principal Planner Naren Gunasekera gave a presentation of the staff report.
Vice Chairperson Mayer inquired if the Cit y can restrict off-site parking for the project and implement a Permit Parking Pr ogram for the surrounding residential streets. City Traffic Engineer Justin Link stated the City does not have any plans to implement Permit Parking Programs in the City. Ms. Mayer asked if the Rancho Simi Recreation and Park District (RSRPD) can they restrict overflow parking in their lot adjoining the project site. Mr. Li nk stated he has not had any discussions with RSRPD.
Commissioner Kennedy asked for clarification regarding required parking and if the number is determined by the worship area only and not the full building. Mr.
Gunasekera confirmed this is correct for all religious instit utions. The parking required is 42 spaces based on the worship area.
Commissioner Tolson inquired where the community members will worship while the building is being dem olished. Mr. Gunasekera stated he would defer the question to the applicant.
Vice Chairperson Mayer asked if a condition could be added prohibiting the addition of an amplified sound system in the minaret. Principal Planner Naren Gunasekera stated that amplified sound within 250 feet of a residential community is prohibited by Simi Valley Municipal Code (SVMC) 9-44 without a Conditional Use Permit (CUP), and amplified sound is not a part of the current application. 183
Planning Commission Meeting
Mobile Home Rent Mediation Board
Tree Advisory Board Minutes – Page 3 May 22, 2024
Senior Assistant City Attorney Brian I. Hamblet clarified that a CUP is required to have amplified sound within 250 feet of resi dential zoning as well as stating the minaret is to be decorative, with no amplified sound system proposed.
Chairperson Mann opened the public testimony portion of the hearing.
The Applicants, Imam Jubran, Asad Khan, and Lehad Khan, gave a brief presentation about the project.
Commissioner Tolson repeated his previous question regarding the location of worship while the building is being demolished. The applicant stated the demolition will be in two phases allowing use of the portion of the building not being demolished. Phase one will be about nine to ten months.
Vice Chairperson Mayer asked about t he number of cars parked during normal prayer times. The applicant stated around t en to twelve cars. The applicant is in the process of speaking with RSRPD regar ding using their parking spaces. Ms.
Mayer also asked if they have reached out to the neighbors with the applicant stating they always reach out and welc ome the neighbors. Ms. Mayer stated the City had received comments regarding overflow parking and if the Islamic Center is willing to park farther away or work wit h a close church to use their parking.
Imam Jubran stated the center is willing to work with other churches for parking, has spoken with RSRPD regarding their event s as well as stating the baseball community can use their parking on Sunday’s or for events.
Commissioner Rice inquired of the five prayer times, which one is the busiest. Inam Jubran stated the prayer around 9:30 p.m. with about 15 to 20 people.
The following submitted a speaker card and spoke in support of the project:
Imam Jubran
Zakia Kator
Ryan Kompanik
Syed Medhi
Juveriya Medhi
Malik Salman
Hadeal Moustafa
Jujeebur Rahmansaheg
Naqib Shifa
Abdul Nasir
Nora Barakat
Walid Anabtawi
Dr. Samad Elyamani
Danielle O’Dea
Kiana Hassanzadeh
Dr. Dan Wood
Kareem
Kenit Alkire
Aya Alious
Nashat Mshaiel
Aya Glalami
Ruth Luevanos
Samer Ismael
Jessy Sulka
Noor Alnaji
Abdallah Zeltai
Aatif Akbar
Mona
Elalami
Hiba Sadiqain
Juan Miguel
Kareem Jubran
184
Planning Commission Meeting
Mobile Home Rent Mediation Board
Tree Advisory Board Minutes – Page 4 May 22, 2024
The following submitted a speaker card and spoke in opposition to the project:
Leo and Tina Pretti
Michelle Daniel
Charles Durnell
Carol Knunsean
The following submitted a speaker card wishing to speak in opposition to the project but did not speak when called:
Shannon Valdez
Martin Valdez
Ebrahim Kalca
The following cards were submitted in opposition to the project but did not wish to speak:
Randy Menard
Jesse Morris
Grove Anderson
Anca Anderson
The following cards were submitted in supp ort of the project but did not wish to speak:
Nada El Hammouri
Salmon Khan
Khaja Mohammed
Ahmed M. Lockhat
Aya Fayad
Saamya Khan
Amir Shah
Raheel Shah
Sheraz Shah
Anwa Shah
Sajid Shah
Sharique Akhtar
Muneebur Rahman
Syed Hussaiyi
Mustafa Paftali
Raheen Kahn
Zehra Hussam
Sammy Shiblak
Javed Raja
Shiraz Shamsi
Adam Barakat
Mohamed Ayed
Ibrahim Aly
Mahmood Bholat
Tahseen Fatima
Syed Imtiaz Peer
Khalid Peer
Ali Murtaza
Mohammed Rubel
Manha Niazi
Arvan Nizai
Imaan Mehdi
Humera Hossain
Amreen Khan
Farhan Khan
Humera Kompanik
Rebecca Mshael
Jude Alnaji
Ozgur Gurel
Ramy Khalaf
Bakkr Alnaji
Heela Arghandehwal
Mohammed Khader
Mohamed Shariq
Farhana
Akhter
Vaseem Anjum
Tahseen Khamer
Mir N. Shifa
Mohammad G. Khusro
Mary Noorzay
Mohmmad Noorzay
Shams Noorzay
185
Planning Commission Meeting
Mobile Home Rent Mediation Board
Tree Advisory Board Minutes – Page 5 May 22, 2024
Zack Noorzay
Yusuf Barakat
Luay S. Momani
Mohammad Fares
Maisam Barakat
Amer Salman
Sahaur Kannan
Zach Al-Ayed
Murio Merchant
Ahmad Fares
Arshad Skaikh
Aysha Shaikh
Abdnl Rahim Pathan
Shoukath Ali
Kamran Khan
Elmer Navarrete
Hisham Ismail
Sherine Omar
Sohail Badshah
Armen Wood
Adeeb Barakat
Sana Shah
Zamam Khan
Muhammad S. Nasir
Daoud Akbari
Laila Mohmmad
Sarah Ali
Tariq Malik
Muhammaed R. Khan
Imran Niazi
Sharifullah Kator
Ahmad Oomerijee
Fariha Annar
Fizza Ahmad
Amad Merchant
Asfareen Akbar
Mona Elalami
Yusuf Khan
Abdul M. Siddiqui
Mohammad Dawaby
Hadeal Dawaby
Oomerjee Gulshan
Liaquat Ali
Motiur Rahman
Faiz Saif
Abdarrahmane Aliona
Sara Aksari
Ashraf Fares
Junaid Badshah
Mahdi Akona
Muttahor Sadiqan
Hokime
Aideoui
Boueh Aioua
Zaid J. Kinariuala
Khushnood Kinariqala
Abraham Noorzay
Ashmat Noorzay
Muhammad S. Tahir
Sahar Sadiqain
Hiba Sadiqain
Muzammil Sadiqain
Muhaddas Sadiqain
Stephanie Bunker
Romaisa Akbari
Principal Planner Naren Gunasekera re sponded to a question regarding the worship size and the required parking, stating that the project meets the development standard requirem ents. City Traffic Engineer Justin Link stated the project meets the parking requirements. This is based on normal use, the City does not base parking on special events or ot her special holidays. The applicant was directed during the pre-screening to do a traffic count of surrounding neighborhoods. Mr. Link also discuss ed adding speed bumps and based on the traffic study, no surrounding streets qualify for speed bumps.
Senior Assistant City Attorney Brian I. Hamblet asked for clarification regarding the safety aspect with traffic and if pursuant to the Manual on Uniform Traffic and Highway Design Manual, street improvements become warranted if there are five 186
Planning Commission Meeting
Mobile Home Rent Mediation Board
Tree Advisory Board Minutes – Page 6 May 22, 2024
or more accidents in a given year to which Mr. Link stated is correct. In the vicinity, there have only been two accidents within the last nine years. Mr. Link also discussed the current crosswalks.
Deputy Environmental Serv ices Director/City Planner Sean Gibson stated the Conditional Use Permit (CUP) is already in place. Tonight’s item is to modify the CUP to see if the proposed building’s sp ecifications comply with the zoning regulations. Mr. Gibson stated the parking requirements are c onsistent with all religious facilities within the City.
Chairperson Mann closed the public testimony portion of the hearing.
Vice Chairperson Mayer commented she was pleased to see lots of support attending the meeting. Ms. Mayer requests to have a condition added to prohibit an amplified sound system within the minaret.
Commissioner Kennedy stated he appreciated the applicant setting a positive tone for any individual who spoke regardless of their position on the project.
Commissioner Tolson commented he spoke with some neighboring baseball members and all he spoke to were in favo r of the project. All those stated that parking is an issue with any institution or business. If there is parking overflow from the mosque into the baseball area, the bas eball area also over flows the mosque parking. Mr. Tolson would be in favor of adding the condition to prohibit an amplified sound system within the minaret and is in favor of the project.
Commissioner Rice stated the majority of the building is only 21 to 28 feet high. It is a beautiful building. Parking meets t he required guidelines and it exceeds the landscaping standards. This building is a positive for the neighborhood. Mr. Rice does not believe the condition should be included regarding prohibiting an amplified sound system within the minaret as the Development Code already prohibits this.
Chairperson Mann commented that parki ng and traffic will continue to be a problem with any building or complex. Mr. Mann grew up on a neighboring street, went to the local schools, and remember s his parents complaining about parking years ago. Mr. Mann states that no amplified sound system is proposed with the minaret and agrees to not add in a new conditi on. He is in favor of the project as well.
187
Planning Commission Meeting
Mobile Home Rent Mediation Board
Tree Advisory Board Minutes – Page 7 May 22, 2024
COMMISSIONER KENNEDY MOVED THAT THE
PLANNING COMMISSION OF THE CITY OF SIMI
VALLEY ADOPT A RESOLUTION
RECOMMENDING APPROVAL TO THE CITY
COUNCIL (1) CONDITIONAL USE PERMIT
MODIFICATION (CUP-S-400 MOD #1); (2) A
GENERAL PLAN AMENDMENT (GPA-2021-0002);
(3) A ZONE CHANGE (Z-S-2021-0007); AND (4)
ZONE TEXT AMENDMENT (Z-S-2024-0001) IN
ORDER TO CONSTRUCT A TWO-STORY
RELIGIOUS INSTITUTION, FOR A PROPERTY
LOCATED AT 4343 TOWNSHIP AVENUE; AND A
DETERMINATION THAT THE PROJECT IS
EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
Commissioner Tolson seconded the motion.
AYES: Commissioners Kennedy, Rice, and
Tolson; Vice Chairperson Mayer; and
Chairperson Mann
NAYS: None
ABSTAIN: None
ABSENT: None
There is no appeal period for the Zoning Text
Amendments and the items will proceed to the City
Council with the Plan ning Commission's
recommendation. There is no appeal period for the
General Plan Amendment and Conditional Use Permit
and the item will proceed to the City Council with the
Planning Commission’s recommendation.
B. OTHER – None
12. ORAL COMMUNICATIONS AND REPORTS
A. STAFF – None
B. PLANNING COMMISSION – None
188
Planning Commission Meeting
Mobile Home Rent Mediation Board
Tree Advisory Board Minutes – Page 8 May 22, 2024
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 9:45 p.m. The next scheduled Planning Commission meeting is on June 5, 2024.
Minutes prepared by:
Megan Grai
189