SecondreadingOrd1359
CITY OF SIMI VALLEY
MEMORANDUM
September 9, 2024
TO: City Council
FROM: Department of Environmental Services
SUBJECT: SECOND READING OF ORDINANCE NO. 1359 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 AMENDMENTS ARE
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
STAFF RECOMMENDATION
It is recommended that Ordinance No. 1359 be adopted.
BACKGROUND
The attached Ordinance No. 1359 was introduced for first reading at the City Council meeting of August 19, 2024, without modifications.
SUGGESTED CITY COUNCIL MOTION
I move to adopt Ordinance No. 1359.
__________________________________
Stratis Perros
Environmental Services Director
Prepared by: Lucy Blanco, City Clerk
INDEX Page
Ordinance No. 1359 ............................................................................. 2
AGENDA ITEM NO.
8A
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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.
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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.
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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 9
th day of September 2024.
Attest:
Lucy Blanco, City Clerk Fred D. Thomas, Mayor of the City of Simi Valley, California
Approved as to Form: Approved as to Content:
Algeria R. Ford, City Attorney Samantha C. Argabrite, City Manager
Stratis Perros
Environmental Services Director
4 ORD. NO. 1359
EXHIBIT A
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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
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EXHIBIT B
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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.
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EXHIBIT C
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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.
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EXHIBIT C
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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.
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