Staff Report — Simi Valley City Council, October 7, 2024 (part 1 of 3)

CityVenturesHomebuildingCCmtg10-7-24(klk)

CITY OF SIMI VALLEY

MEMORANDUM
October 7, 2024
TO: City Council
FROM: Department of Environmental Services
SUBJECT: A PUBLIC HEARING TO CONSIDER A REQUEST FROM CITY

VENTURES HOMEBUILDING, LLC, FOR A GENERAL PLAN
AMENDMENT (GPA-2022-0001) TO CHANGE THE LAND USE

DESIGNATION FROM GENERAL COMMERCIAL AND MEDIUM
DENSITY RESIDENTIAL TO HIGH DENSITY RESIDENTIAL; A ZONE CHANGE (Z-S-2022-0003) FROM COMMERCIAL PLANNED

DEVELOPMENT (CPD) AND RESIDENTIAL MEDIUM DENSITY (RM) TO RESIDENTIAL HIGH DENSITY (RH); A PLANNED DEVELOPMENT
PERMIT (PD-S-2022-0012); A VESTING TENTATIVE MAP (VTT-2024- 0001); AND AN AFFORDABLE HOUSING AGREEMENT
(AHA-2022-0002); TO CONSTRUCT A NEW 70-UNIT, THREESTORY MULTI-FAMILY RESIDENTIAL CONDOMINIUM

DEVELOPMENT WITH TEN AFFORDABLE UNITS LOCATED AT
1845 OAK ROAD; AND THE ADOPTION OF A MITIGATED

NEGATIVE DECLARATION AND MITIGATION MONITORING

AND REPORTING PROGRAM, INTRODUCTION OF AN

ORDINANCE, AND ADOPTION OF RESOLUTIONS

STAFF RECOMMENDATION

1. The Planning Commission recommends the City Council introduce Ordinance No. 1360 (page 13) approving Zone Change No. Z-S-2022-0003; adopt Resolution No. 2024-38 (page 19) approving General Plan Amendment No. GPA-2022-0001, Planned Development Permit No. PD-S-2022-0012, and Vesting Tentative Map No. VTT-2024-0001; and adopt the project’s Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and

2. Adopt Resolution No. 2024-39 (page 66) approving Affordable Housing Agreement No. AHA-2022-0002.

BACKGROUND AND OVERVIEW
The Applicant, City Ventures Homebuilding, LLC, requests approval to construct a 70-unit multi-family residential condominium community (owner-occupied units) on a 3.61-acre site located at 1845 Oak Road. The project actions include a General Plan Amendment to change the land use from General Commercial and Medium Density Residential to High Density Residential; a Zone Change to change the zoning from Commercial Planned Development (CPD) and Residential Medium Density (RM) to Residential High Density (RH); a Planned Development Permit to develop the site; a Vesting Tentative Map to create 70 condominium units; and an Affordable Housing Agreement to provide ten (10) Moderate-Income level AGENDA ITEM NO.
5A
CityVenturesHomebuildingCCmtg10-7-24(klk)
affordable units for a 45-year term in exchange for seven (7) waivers pursuant to State Density Bonus Law.

On August 21, 2024, the Planning Commission held a public hearing and recommended that the City Council approve the General Plan Amendment, Zone Change, Planned Development Permit, and Vesting Tentative Map with modifications to project conditions described in the Supplemental Staff reports by a 4-0 vote. Staff analysis and findings are in the Planning Commission Staff Report contained in Exhibit 2, page 444.

Figure 1 – Site Area Map

FINDINGS AND ALTERNATIVES
The project requests are further described below:

General Plan Amendment and Zone Change
The General Plan Land Use designations, split among four parcels for the site, are General Commercial for 1.72 acres of the site and Medium Density Residential (3.6-5.0 du/acre) for 1.89 acres of the site. The requested General Plan Amendment will change the land use for the entire 3.61-acre site to High-Density Residential (10.1-20 du/acre) (General Plan Amendment Resolution No. 2024-38, Exhibit B, page 23). 2 CityVenturesHomebuildingCCmtg10-7-24(klk)
Figure 5 - Existing Land Use Figure 6 - Proposed Land Use

The zoning designations are also split among the four parcels with 1.72 acres of the site being zoned Commercial Planned Development (CPD) and 1.89 acres being zoned Residential Medium Density (RM). The proposed zone change will change the zoning for the entire 3.61-acre site to Residential High Density (RH) (Zone Change Ordinance No. 1360, Exhibit B, page 18).

Figure 7 – Existing Zoning Figure 8 – Proposed Zoning

The purpose of the General Plan Amendment and Zone Change is to allow multi-family residential at a density exceeding what is currently allowed on the site. The 1.89 acre portion of the site zoned RM only allows single-family residential development and residential development is not allowed on the 1.72 acre portion of the site zoned CPD.

The RM zone has a density range of 3.5 to 5 units per acre, allowing a total of 9 singlefamily residences if the site was subdivided into individual properties.

The proposal to change the General Plan Land Use and zoning to High-Density Residential will allow multi-family residential development with a density range of 10.1 to 20 dwelling units per acre. On the 3.61-acre site this would allow a maximum of 73 3 CityVenturesHomebuildingCCmtg10-7-24(klk)
dwelling units. The project proposes 70 multi-family condominium units (19.39 units per acre), which does not exceed the maximum density allowed for the project site.

Planned Development Permit
The 3.61-acre project site is proposed to be developed with a 70-unit multi-family residential condominium community. The development will consist of 11 three-story, 40- foot tall buildings containing a mix of one-, three-, and four-bedroom units. Site access will be on Oak Road via East Los Angeles Avenue with secondary access from Shunk Road. Amenities will include two active outdoor spaces including a tot lot, an active lawn area, a barbecue area, picnic tables, and benches. (Figure 2) As described in Table 1 below, the 11 buildings are numbered 100 to 600. Buildings 100 and 500 will contain one-bedroom and three-bedroom units and buildings 200, 300, 400, and 600 will contain three-bedroom and four-bedroom units. Parking will include garage, driveway, and common driveway parking.

Table 1 – Plan Type Mix
Plan
Number
Square
Footage
Bedroom/Bath Parking Number
of Units
Building
Location
Plan 1 725 sq. ft. 1 bedroom/1 bath 1-car
garage
10 100 & 500
Plan 2 1,385 sq. ft. 3 bedroom/3 bath 2-car
garage
2 100
Plan 3 1,525 sq. ft. 3 bedroom/2 bath/2
powder
2-car
garage
28 200, 300, 400
& 600
Plan 4 1,710 sq. ft. 4 bedroom/3.5 bath 2-car
garage
30 200, 300, 400
& 600
Figure 9 – Site Plan
4 CityVenturesHomebuildingCCmtg10-7-24(klk)
The building design follows a “Progressive Spanish” architectural design. Progressive Spanish is inspired by traditional Spanish architectural elements such as red tiles, stucco walls, gabled roofs, and simple ornamentation, but uses more contemporary materials and straightforward forms. The design uses stucco and fiber cement composite siding, and pitched gabled roofs with flat roof tiles. Additional design details include recessed windows, balconies, vent pipe details, and simple articulate openings such as arched doorways. The development has two different color schemes but keeps a cohesive design with the same stucco color, metal window and door color, and roof tile used on all buildings (Figures 10 and 11).

Figure 10 – Typical Building Elevation
Figure 11 – Typical Building Elevation
For additional details about the project, including its alignment with the Simi Valley Development Code, Planning Commission Staff Report and Resolution, and reduced project exhibits, please see Exhibit 2 (Planning Commission Package).\ Subsequent to the Planning Commission’s recommendation for approval, on September 24, 2024, the Applicant submitted an email correspondence to staff stating that they are not willing to accept PD Condition B-13 and are requesting that the condition be modified. The proposed condition with the applicant’s requested revision (underlined) is a follows:

PD Condition B-13:
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Before the City Engineer issues a Grading Permit, Permittee must provide to the Public Works Director, or designee, a stormwater acceptance deed or easement if no adequate downstream drainage facility exists to receive runoff from the project. The deed or easement must comply with Chapter 6 of the Ventura County Land Development Manual as adopted by City of Simi Valley Resolution No. 69-8. Drainage improvements on private property must be continually maintained, repaired, and replaced by the property owner(s) or Homeowners Association(s). Alternatively, Permittee may provide to the City a storm drain design that includes an underground storm drainpipe stub out at both the southwest and southeast property line to allow for future connection for any future development of properties to the south.

Staff does not support the Applicant’s request to modify Condition B-13. Condition B-13, is a standard condition of approval for projects with similar circumstances.

Requiring a drainage acceptance deed from the downstream property owner(s), when the historic drainage pattern or flow amounts are altered, helps reduce the City’s liability and potential claims from adjacent property owners that may be impacted during heavy rain periods or when captured runoff is released. An alternative to the stormwater acceptance deed is for the property owner to obtain an easement from the downstream property owner(s). This would allow the Applicant to construct the necessary stormwater improvements to ensure proper site drainage onto Oak Road and ultimately reaching the Arroyo Simi Flood Control Channel.

A thorough presentation to the Planning Commission outlining the purpose for condition B-13 was made by Staff. At the Planning Commission meeting, the Applicant did not raise concerns or objections to accepting condition B-13 during or after the presentation. The Planning Commission then cited condition B-13 as a critical element for their motion of approval. Therefore, Staff does not support modifying Planned Development condition B-13. Doing so would create a risk, unfavorable precedent, and the potential of future liability for the City.

Vesting Tentative Map (VTT)
The Applicant is requesting a Vesting Tentative Map (VTT-2024-0001) to subdivide each building’s air space to create condominium units (for sale units). The VTT will create 70 units that will be available for sale to individual homeowners. A Homeowners Association will be created by the residents to manage the common space portion of the development, including the streets and open space. The VTT provides the developer with the right to develop the property in accordance with the ordinances, policies, and standards in effect when the map is approved. The map requires final approval by the City Council, unlike standard tentative maps, which are approved by the Planning Commission.

Affordable Housing Agreement (AHA)
The Affordable Housing Agreement (AHA-2022-0002) reserves ten (10) of the seventy (70) residential units in the Oak Road Townhomes project as affordable housing units (AHUs) in exchange for the concessions and waivers requested in Exhibit 1. All ten AHUs will be one-bedroom and will maintain affordability requirements for a period of 45 years.

The AHUs will be available to qualified Moderate-Income households (80% of the Area Median Income, currently at $78,800 or $90,050 for one or two-person households, 6 CityVenturesHomebuildingCCmtg10-7-24(klk)
respectively). The AHUs will be sold at a reduced sales price that meets affordability standards set by State law. All units will have a restricted resale price that also conforms to the affordability standards and allows the selling household to capture some of the equity-based changes in the Area Median Income and capital investments made to the unit from time of purchase to time of sale. All AHUs require owner occupancy during the 45 years of affordability and will be monitored annually by City staff for compliance. The first sale after the 45 years concludes will be at market rate with excess proceeds disbursed to the City for investment in future housing programs. No City loan is being provided for this project.

Density Bonus and Incentives - Concession/Waivers Request The Applicant is requesting development incentives in exchange for providing affordable for-sale units pursuant to California Density Bonus law. The Applicant is requesting seven waivers to development standards, as allowed by Government Code § 65915(e)(1). In exchange, the Applicant is providing ten (10) affordable housing units for qualified Moderate-Income homebuyers (14% of the 70 units). The 10 one-bedroom units are proposed to be designated as the affordable units. The City requires an Affordable Housing Agreement to address administration of the affordable units over a 45-year term.

The requested waivers include reduced front, side, and rear yard setbacks, reduced garage dimensions for the one-car garages, and reduced front yard landscaping.

Refer to the Applicant’s letter dated August 26, 2024 (Exhibit 1, page 441) for an explanation of the requested waivers.

With the Applicant providing 10 affordable housing units for qualified Moderate-Income homebuyers (14% of the 70 units), per Government Code § 65915, the project qualifies for a 9% density bonus, reduced parking requirements, one development concession and multiple waivers as long as the waivers do not impose a life or safety hazard. The Applicant has not requested any density bonus or development concession for the project. Concessions are defined as reductions in site development standards or modifications of zoning/architectural design requirements that result in “identifiable and actual cost reductions to provide for affordable housing.” Waivers are mandatory upon request of the Applicant, for development standards that “physically preclude” the construction of a project. Denial by the City of any of the waivers would require either specific written findings or alternatively, under the definition of waivers, it would be necessary to find that the granting of the waiver is not required because the waiver in question does not “physically preclude” the construction of the Project. However, in this case, the City Council’s decision regarding approving a General Plan Amendment or Zone Change is completely discretionary; it is not obligated to take such action.

Regional Housing Needs Assessment (RHNA)
The City’s current 2021-2029 RHNA cycle began October 15, 2021, with an allocation of 2,793 housing units at various income levels. While the City is not obligated to build housing, it must adopt land use policies and implement them in a manner that allows feasible opportunities to build housing units that meet the identified RHNA needs. Table 2 details the City’s allocations by income level, projected development, the impacts of this proposed development, and the remaining unmet allocation. If the Project is approved and built, the City would take credit for ten (10) RHNA allocations in the Moderate-Income 7 CityVenturesHomebuildingCCmtg10-7-24(klk)
category with deed restrictions. The remaining 60 units could further and fully satisfy the Moderate-Income allocations without deed restrictions as the site is located within Low/Moderate Income Area as determined by the United States Census Bureau.

Table 2 – RHNA Allocation Summary
Housing Units Extremely
Low
(<30%
AMI)
Very Low
(31-50%
AMI)
Lower
(51-80%
AMI)
Moderate
(81-120%
AMI)
Above
Moderate
(>120%
AMI)
Total
Potential
Housing
Units
RHNA
Allocation 374 375 493 518 1,033 2,793
Pipeline
Projects &
Projected
ADUs
0 68 307 326 956 1,657
Santa Susana
GRF2, LLC 0 14 0 0 77 91
Heywood
Street
Associates,
LLC (The
Churchill)
1 4 0 86 0 91
1850 HSA,
LLC
(The Ridge)
1 3 1 61 0 66
City Ventures,
LLC (1845
Oak Road)
0 0 0 70 0 45
Remaining
Unmet
Allocation
372 286 185 0 0 843
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The following alternatives are available to the City Council:

1. Introduce Ordinance No. 1360 approving the Zone Change No. Z-S-2022- 0003; and adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program;

2. Adopt Resolution No. 2024-38 approving General Plan Amendment No. GPA2022-0001, Planned Development Permit No. PD-S-2022-0012 and Vesting Tentative Map No. VTT-2024-0001; and adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program;

3. Adopt Resolution No. 2024-39 approving the Affordable Housing Agreement (AHA-2022-0002);

4. Do not approve the project;

5. Provide Staff with other direction.

The Planning Commission recommends Alternative 1, and 2. Staff recommends Alternatives 1, 2, and 3 which include the Planning Commission’s recommendation and the Affordable Housing Agreement component. Please note that the Planning Commission does not review or make recommendations on Affordable Housing Agreements.

SUGGESTED CITY COUNCIL MOTION
I move to introduce Ordinance No. 1360 approving Zone Change No. Z-S-2022-0003; adopt Resolution No 2024-38 approving General Plan Amendment No. GPA-2022-0001, Planned Development Permit No. PD-S-2022-0012 and Vesting Tentative Map No. VTT2024-0001; adopt the project’s Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and adopt Resolution No. 2024-39 approving Affordable Housing Agreement No. AHA-2022-0002.

SUMMARY
The Applicant, City Ventures Homebuilding LLC, requests approval of a Planned Development Permit (PD-S-2022-0012) and Vesting Tentative Map (VTT-2024-0001) to construct a 70-unit multi-family residential condominium complex on a 3.61-acre site located at 1845 Oak Road. In addition, the Applicant requests approval of a General Plan Amendment (GPA-2022-0001) to change the General Plan Land Use from General Commercial and Medium Density Residential to High Density Residential, and a Zone Change (Z-S-2022-0003) to change the zoning from Commercial Planned Development (CPD) and Residential Medium Density (RM) to Residential High Density (RH). The project also includes an Affordable Housing Agreement to provide ten (10) affordable units set aside to Moderate-Income qualified buyers, and the request for seven (7) development waivers pursuant to State Density Bonus Law. The Planning Commission recommends the City Council introduce an Ordinance approving Zone Change No. Z-S2022-0003 and adopt a Resolution approving General Plan Amendment No. GPA-2022- 0001, Planned Development Permit No. PD-S-2022-0012, and Vesting Tentative Map 9 CityVenturesHomebuildingCCmtg10-7-24(klk)
No. VTT-2024-0001. In addition, Staff recommends the City Council adopt a Resolution approving Affordable Housing Agreement No. AHA-2022-0002. ____________________________________
Stratis Perros
Environmental Services Director
Prepared by: Elizabeth Richardson, Senior Planner
INDEX Page
Public Hearing Procedure ................................................................................11 Ordinance No.1360 for Z-S-2022-0003............................................................13 Exhibit A: Legal Description.......................................................................16 Exhibit B: Zone Change Exhibit ................................................................. 18 Resolution No. 2024-38 for GPA-2022-0001, PD-S-2022-0012 and VTT-2024-0001 .........................................................................................19 Exhibit A: Legal Description.......................................................................21 Exhibit B: Land Use Map Change Exhibit ..................................................23 Exhibit C: Conditions of Approval for VTT-2024-0001 ...............................24 Exhibit D: Conditions of Approval for PD-S-2022-0015 .............................33 Exhibit E: Ventura County Fire Protection District Memorandum, August 8, 2024 ..................................................................................46 Exhibit F: Mitigation Monitoring and Reporting Program............................51 Resolution No. 2024-39 for AHA-2022-0002....................................................66 Exhibit A: Affordable Housing Agreement.................................................68 Attachment A: Mitigated Negative Declaration...............................................105 Exhibit 1: Letter from Applicant Requesting Waivers .....................................441 Exhibit 2: August 21, 2024 Planning Commission Resolution, Draft Minutes, Staff Report, and Supplemental Staff Report .......................................... .444 10 CityVenturesHomebuildingCCmtg10-7-24(klk)

PUBLIC HEARING PROCEDURE
HEARING DATE: OCTOBER 7, 2024

1. CITY CLERK: This is the time and place set for a public hearing to consider General Plan Amendment (GPA-2022-0001), Zone Change
(Z-S-2022-0003), Planned Development Permit (PD-S-2022- 0012), Vesting Tentative Map (VTT-2024-0001) and
Affordable Housing Agreement (AHA-2022-0002) to change
the General Plan Land Use Designation from General
Commercial and Medium Density Residential to High Density Residential; change the zoning from Commercial Planned
Development (CPD) and Residential Medium Density (RM) to Residential High Density (RH); and to construct a new 70-unit, three story multi-family residential condominium development with ten affordable units in exchange for development
incentives, located at 1845 Oak Road; and adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; introduction of an ordinance and adoption of resolutions. (Read by City Clerk including reading of Resolution AND/OR Ordinance if applicable)

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

3. ANY COUNCIL
MEMBER: (Report)

4. MAYOR: Staff may begin with the oral report on this matter.

5. STAFF: (Report)

6. MAYOR: Any questions of staff from City Council Members? (Questions of staff and staff response)

7. MAYOR: At this time, I would like to open the hearing. Does the applicant wish to be heard on this matter?

8. APPLICANT: (Comments)

9. MAYOR: Any questions of the applicant from City Council Members? (Questions of applicant and applicant response)

10. MAYOR: Are there any members of the public wishing to be heard on this matter?

11. AUDIENCE: Public Testimony and Comments

12. MAYOR: Does staff desire to respond to any comments or issues raised?
11 CityVenturesHomebuildingCCmtg10-7-24(klk)

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

14. MAYOR: Does the applicant desire any rebuttal?

15. APPLICANT: (Rebuttal)

16. MAYOR: The hearing is now closed.

17. 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.)

18. MAYOR: I will now entertain a motion.

19. ANY COUNCIL
MEMBER :

City Council Actions (by motion of any Council Member):
1) Introduce, modify, or not introduce Ordinance No. 1360 for Zone Change Z-S-2022-0003 (does not require a second
or a vote;);
2) Adopt, modify, or not adopt Resolution No. 2024-38 for General Plan Amendment No. GPA-2022-0001, Planned
Development Permit No. PD-S-2022-0012, and Vesting
Tentative Map No. VTT-2024-0001 (requires a second and
a vote;);
3) Adopt, modify or not adopt Resolution No. 2024-39 for Affordable Housing Agreement No. AHA-2022-0002
(requires a second and a vote;);
* Any action to refer the matter back to staff or to continue the matter requires a second and a vote.

20. ANY COUNCIL
MEMBER : Second

21. MAYOR: (Call for vote)

22. MAYOR: Proceed to the next item.
12 CityVenturesHomebuildingCCmtg10-7-24(klk)
ORDINANCE NO. 1360

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SIMI VALLEY APPROVING A CHANGE OF ZONE
CLASSIFICATION (Z-S-2022-0003) FROM COMMERCIAL

PLANNED DEVELOPMENT (CPD) AND RESIDENTIAL

MEDIUM DENSITY (RM) TO RESIDENTIAL HIGH DENSITY
(RH) FOR PROPERTY LOCATED AT 1845 OAK ROAD;

AND ADOPTION OF A MITIGATED NEGATIVE

DECLARATION AND MITIGATION MONITORING AND

REPORTING PROGRAM
WHEREAS, pursuant to the provisions of the Simi Valley Municipal Code (SVMC) Title 9-73, the applicant, City Ventures Homebuilding, LLC, has requested approval of a Zone Change (Z-S-2022-0003) for a 3.61-acre site located at 1845 Oak Road, known as Ventura County Assessor Parcel Nos. 637-0-140-120, -430, -445, and -730 and by the legal description attached hereto as Exhibit A, for the purpose of changing the Zoning Map from Commercial Planned Development (CPD) and Residential Medium Density (RM) to Residential High Density (RH); and adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and WHEREAS, on August 21, 2024, the Planning Commission of the City of Simi Valley reviewed proposed changes at a public hearing and recommended that the City Council approve the changes; 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 there under (14 California Code of Regulations 15000, et seq., the (CEQA Guidelines”); and
WHEREAS, the City completed its review and scheduled a public hearing regarding the proposed Project before the City Council for October 7, 2024. Notice of the public hearing on the proposed project was posted as required by the SVMC; and WHEREAS, on October 7, 2024, the City Council conducted a public hearing to consider the Project including, without limitation, this Ordinance; and, WHEREAS, this Ordinance and its findings, are based upon the entire administrative record considered during the October 7, 2024 public hearing including, but without limitation, the staff report and accompanying documents.

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

SECTION 1. The findings for Zone Change No. Z-S-2022-0003 contained in the Planning Commission Resolution dated August 21, 2024, and incorporated herein by reference, are hereby adopted.
13 CityVenturesHomebuildingCCmtg10-7-24(klk)
SECTION 2. Environmental Assessment. Because of the facts set forth in Section 1, the Director completed an Initial Study for Z-S-2022-0003. Thereafter, the Director prepared a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) (Attachment A) in accordance with CEQA Guidelines 15063, which is incorporated by reference. The MND and MMRP are adopted and the Director is authorized to file a Notice of Determination in accordance with CEQA Guidelines 15075 and any other applicable law.

SECTION 3. Pursuant to SVMC §9-20-030 and §9-73, Zone Change No.

Z-S-2022-0003 amending the Zoning Designation from Commercial Planned Development (CPD) and Residential Medium Density (RM) to Residential High Density (RH) for a 3.61-acre site located at 1845 Oak Road, as contained in Exhibit B, attached hereto is hereby approved.

SECTION 4. Validity of Previous Code Sections. If the entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal of the SVMC or other regulation by this Ordinance will be rendered void and cause such SVMC provision or other regulation to remain in full force and effect for all purposes.

SECTION 5. Limitations. The City Council’s analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are limitations on 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 6. Preservation. Repeal or amendment of any previous SVMC Sections does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.

SECTION 7. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provision or application and, to this end, the provisions of this Ordinance are severable.

SECTION 8. Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record.

The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.

SECTION 9. Publication. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Simi Valley’s book of original ordinances; make a note of the passage and adoption in the records of this 14 ORD. NO. 1360
CityVenturesHomebuildingCCmtg10-7-24(klk)
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 10. Incompatible Provisions. To the extent of any provision of this ordinance is incompatible with or at variance with any prior adopted ordinance or resolution, the provisions of this Ordinance shall take precedence.

SECTION 11. The City Clerk shall cause this Ordinance 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 12. This Ordinance will take effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day following its final passage.

PASSED and ADOPTED this _____ day of October, 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
15 ORD. NO. 1360

EXHIBIT A
CityVenturesHomebuildingCCmtg10-7-24(klk)

LEGAL DESCRIPTION

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SIMI VALLEY, COUNTY OF VENTURA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

PARCEL A:

PARCEL 3, IN THE CITY OF SIMI VALLEY, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGE 50 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

PARCEL A1:

AN EASEMENT FOR INGRESS, EGRESS, ROAD AND UTILITY PURPOSES OVER THE EASTERLY 25 FEET OF PARCEL 2, IN THE CITY OF SIMI VALLEY, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGE 50 PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

APN: 637-0-140-430 AND APN: 637-0-140-445
PARCEL B:

THAT PORTION OF LOT L, IN THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 2 NORTH, RANGE 17 WEST, RANCHO SIMI, IN THE CITY OF SIMI VALLEY, COUNTY OF VENTURA, STATE OF CALIFORNIA, ACCORDING TO THE MAP RECORDED IN BOOK 5, PAGE 24 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

COMMENCING AT A POINT ON THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER OF SECTION 8, BEING ALSO THE CENTERLINE OF LOS ANGELES AVENUE, 60 FEET WIDE, DISTANT ALONG SAID NORTHERLY LINE WEST 658 FEET FROM THE NORTHEASTERLY CORNER OF SAID SOUTHEAST QUARTER OF SECTION 8, AT THE NORTHWESTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO WILLIAM F.

JESKE AND WIFE, RECORDED JANUARY 24, 1944 IN BOOK 684, PAGE 444, OF OFFICIAL RECORDS; THENCE ALONG THE WESTERLY LINE OF SAID LAST MENTIONED LAND SOUTH 330 FEET TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO EINAR BENHARD ARNESEN AND WIFE, RECORDED MAY 1, 1952 IN BOOK 1064, PAGE 7, OF OFFICIAL RECORDS; AND BEING THE TRUE POINT OF BEGINNING; THENCE

ALONG THE SOUTHERLY LINE OF SAID LAST MENTIONED LAND,
1ST: NORTH 89° 58' EAST 328 FEET TO THE SOUTHEASTERLY CORNER OF SAID LAST MENTIONED LAND; THENCE IN A DIRECT LINE,
2ND: SOUTH 125 FEET TO THE NORTHEASTERLY CORNER OF THE LAND DESCRIBED IN PARCEL 1 IN THE DEED TO ROBERT B. ELLIS AND WIFE, RECORDED DECEMBER 31, 1952 IN BOOK 1107, PAGE 304, OF OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 1,
16 ORD. NO. 1360
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3RD: SOUTH 89° 58' WEST 328 FEET TO THE WESTERLY LINE OF SAID LAND OF WILLIAM F. JESKE; THENCE ALONG SAID WESTERLY LINE,
4TH: NORTH 125 FEET TO THE TRUE POINT OF BEGINNING
PARCEL B1:

A NON-EXCLUSIVE EASEMENT FOR ROAD PURPOSES, OVER THAT PORTION OF LOT 1, IN THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 2 NORTH, RANGE 17 WEST

RANCHO SIMI, IN THE CITY OF SIMI VALLEY, ACCORDING TO THE MAP RECORDED IN BOOK 5, PAGE 24 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

A STRIP OF LAND 50 FEET IN WIDTH LYING WESTERLY OF AND ADJOINING THE FOLLOWING DESCRIBED LINE:

BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER OF SECTION 8, BEING ALSO THE CENTERLINE OF LOS ANGELES AVENUE, 60 FEET WIDE, DISTANT ALONG SAID NORTHERLY LINE SOUTH 89° 58' WEST 330 FEET FROM THE NORTHEASTERLY CORNER OF SAID SOUTHEAST QUARTER OF SECTION 8, AT THE NORTHWESTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO HARVEY W.

GILBERT AND WIFE, RECORDED NOVEMBER 13, 1952 IN BOOK 1098, PAGE 434, OF OFFICIAL RECORDS; THENCE ALONG THE WESTERLY LINE AND PROLONGATION

THEREOF,
1ST: SOUTH 330 FEET.

EXCEPT THAT PORTION THEREOF LYING WITHIN SAID LOS ANGELES AVENUE.

APN: 637-0-140-120
PARCEL C:

THOSE PORTIONS OF PARCEL 2, IN THE CITY OF SIMI VALLEY, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGE 50 OF PARCEL MAPS,

IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS SHOWN AND DESCRIBED AS PARCEL B ON LOT LINE ADJUSTMENT LA 04-08, RECORDED MARCH 1, 2005, AS DOCUMENT NO. 20050301-0050920, OF OFFICIAL RECORDS.

APN: 637-0-140-730
17 ORD. NO. 1360

EXHIBIT B
CityVenturesHomebuildingCCmtg10-7-24(klk)
Zone Change No. Z-S-2022-0003
A Zone Change from Commercial Planned Development (CPD) and Residential Medium Density (RM) to Residential High Density (RH), as described as follows:
1845 Oak Road
APN: 637-0-140-120; -430; -445; -730
18 ORD. NO. 1360
CityVenturesHomebuildingCCmtg10-7-24(klk)
RESOLUTION NO. 2024-38

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SIMI VALLEY APPROVING A GENERAL PLAN
AMENDMENT (GPA-2022-0001), PLANNED
DEVELOPMENT PERMIT (PD-S-2022-0012) AND VESTING
TENTATIVE MAP (VTT-2024-0001) TO ALLOW
CONSTRUCTION OF A NEW 70-UNIT, THREE-STORY,

MULTI-FAMILY RESIDENTIAL CONDOMINIUM
DEVELOPMENT LOCATED AT 1845 OAK ROAD; AND

ADOPT A MITIGATED NEGATIVE DECLARATION AND

MITIGATION MONITORING AND REPORTING PROGRAM
WHEREAS, the applicant, City Ventures Homebuilding, LLC, has requested approval of a General Plan Amendment (GPA-2022-0001) to change the Land Use designation from General Commercial and Medium Density Residential to High Density Residential; a Planned Development Permit (PD-S-2022-0012); and Vesting Tentative Map (VTT-2024-0001), to construct a new 70-unit, three-story, multi-family residential condominium development located at 1845 Oak Road, known as Ventura County Assessor Parcel Numbers 637-0-140-120, -430, -445, and -730 and by legal description attached hereto as Exhibit A; and adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program.

WHEREAS, on August 21, 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-2022-0001, PD-S-2022-0012 and VTT-2024-0001; 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 there under (14 California Code of Regulations 15000, et seq., the (CEQA Guidelines”); and
WHEREAS, on October 7, 2024, the City Council conducted a public hearing to consider the evidence and public testimony on the project; and, WHEREAS, this Resolution, and its findings, are based on the entire administrative record considered during the October 7, 2024, public hearing including without limitation, the staff report and accompanying documents.

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

SECTION 1. The findings for General Plan Amendment No. GPA-2022- 0001, Planned Development Permit No. PD-S-2022-0012 and Vesting Tentative Map No.

VTT-2024-0001 contained in the Planning Commission Staff Report dated August 21, 2024, and incorporated herein by reference, and hereby adopted. 19 CityVenturesHomebuildingCCmtg10-7-24(klk)
SECTION 2. Environmental Assessment. Because of the facts set forth in Section 1, the Director completed an Initial Study for Z-S-2022-0003. Thereafter, the Director prepared a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) (Attachment A) in accordance with CEQA Guidelines 15063, which is incorporated by reference. The MND and MMRP are adopted and the Director is authorized to file a Notice of Determination in accordance with CEQA Guidelines 15075 and any other applicable law.

SECTION 3. General Plan Amendment No. GPA-2022-0001 amending the General Plan’s Land Use designation of the 3.61-acre site from General Commercial and Medium Density Residential to High Density Residential, as contained in Exhibit B, attached hereto, is hereby approved.

SECTION 4. Vesting Tentative Tract No. VTT-2024-0001 is hereby approved, subject to compliance with all conditions contained in Exhibit C, attached hereto.

SECTION 5. Planned Development Permit No. PD-S-2022-0012 is hereby approved, subject to compliance with all conditions contained in Exhibit D, attached hereto.

SECTION 6. The time within which judicial review must be sought for administrative decisions is governed by California Code of Civil Procedure Section 1094.6.

SECTION 7. 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 7th day of October 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
20 RES. NO. 2024-38

EXHIBIT A
CityVenturesHomebuildingCCmtg10-7-24(klk)

LEGAL DESCRIPTION

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SIMI VALLEY, COUNTY OF VENTURA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

PARCEL A:

PARCEL 3, IN THE CITY OF SIMI VALLEY, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGE 50 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

PARCEL A1:

APN: 637-0-140-430 AND APN: 637-0-140-445
PARCEL B:

ALONG THE SOUTHERLY LINE OF SAID LAST MENTIONED LAND,
1ST: NORTH 89° 58' EAST 328 FEET TO THE SOUTHEASTERLY CORNER OF SAID LAST MENTIONED LAND; THENCE IN A DIRECT LINE,
2ND: SOUTH 125 FEET TO THE NORTHEASTERLY CORNER OF THE LAND DESCRIBED IN PARCEL 1 IN THE DEED TO ROBERT B. ELLIS AND WIFE, RECORDED DECEMBER 31, 1952 IN BOOK 1107, PAGE 304, OF OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 1,
21 RES. NO. 2024-38
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3RD: SOUTH 89° 58' WEST 328 FEET TO THE WESTERLY LINE OF SAID LAND OF WILLIAM F. JESKE; THENCE ALONG SAID WESTERLY LINE,
4TH: NORTH 125 FEET TO THE TRUE POINT OF BEGINNING
PARCEL B1:

A NON-EXCLUSIVE EASEMENT FOR ROAD PURPOSES, OVER THAT PORTION OF LOT 1, IN THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 2 NORTH, RANGE 17 WEST

RANCHO SIMI, IN THE CITY OF SIMI VALLEY, ACCORDING TO THE MAP RECORDED IN BOOK 5, PAGE 24 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

A STRIP OF LAND 50 FEET IN WIDTH LYING WESTERLY OF AND ADJOINING THE FOLLOWING DESCRIBED LINE:

GILBERT AND WIFE, RECORDED NOVEMBER 13, 1952 IN BOOK 1098, PAGE 434, OF OFFICIAL RECORDS; THENCE ALONG THE WESTERLY LINE AND PROLONGATION

THEREOF,
1ST: SOUTH 330 FEET.

EXCEPT THAT PORTION THEREOF LYING WITHIN SAID LOS ANGELES AVENUE.

APN: 637-0-140-120
PARCEL C:

THOSE PORTIONS OF PARCEL 2, IN THE CITY OF SIMI VALLEY, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGE 50 OF PARCEL MAPS,

IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS SHOWN AND DESCRIBED AS PARCEL B ON LOT LINE ADJUSTMENT LA 04-08, RECORDED MARCH 1, 2005, AS DOCUMENT NO. 20050301-0050920, OF OFFICIAL RECORDS.

APN: 637-0-140-730
22 RES. NO. 2024-38

EXHIBIT B
CityVenturesHomebuildingCCmtg10-7-24(klk)
General Plan Amendment No. GPA-2022-0001
A General Plan Amendment No. GPA-2022-0001 to change the General Plan Land Use Map from General Commercial and Medium Density Residential to High Density Residential, as described as follows:
1845 Oak Road
APN: 637-0-140-120, -430, -445 and -730.
23 RES. NO. 2024-38

EXHIBIT C
CASE NO.: VTT-2024-0001
APPLICANT: City Ventures, LLC
CityVenturesHomebuildingCCmtg10-7-24(klk)

VESTING TENTATIVE MAP CONDITIONS
The conditions marked with an asterisk (*) are Special Conditions applicable specifically to this map. In the event of a conflict between the provision of a Standard Condition and a Special Condition, the provision of the Special Condition will take precedence. These conditions of approval supersede any conflicting notations, specifications, dimensions and typical sections that may be shown on a development plan or exhibit. No map will be approved for recordation until all of the conditions have been met and any fees have been paid unless the condition states otherwise. The Final Map for any phase of the Vesting Tentative Map will not be recommended for approval by the City Council until all the following conditions applicable to that phase, including payment of all applicable miscellaneous fees, have been satisfied. Permittee assumes all costs incurred in complying with the conditions contained herein. Any construction, installation, modification, or alteration of any lot configuration, grading or any onsite or offsite design feature depicted on the approved map or as depicted or described in any submittals, exhibits, plans, and project conditions, which is not expressly authorized by this Map approval are deemed prohibited and constitute a violation of this Map. “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.

GENERAL CONDITIONS
GC.1 The effectiveness of this project will be suspended for the time period that any Condition of Approval is appealed whether administratively or as part of a legal action filed in a court of competent jurisdiction. If any Condition of Approval is invalidated by a court of law, the project must be reviewed by the City and substitute conditions may be imposed.

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

GC.3 Permittee must sign these Conditions of Approval, as set forth below, to acknowledge acceptance, within 30 days from the date of approval by the Planning Commission.

GC.4 The City will only issue permits for the development when the construction documents (e.g., building plans) substantially comply with the approved plans.

Substantial conformity is determined by the Director.

GC.5 This decision is not effective until Permittee acknowledges acceptance of all project conditions and any appeal period has lapsed, or a waiver of right to appeal 24 RES. NO. 2024-38
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APPLICANT: City Ventures, LLC
CityVenturesHomebuildingCCmtg10-7-24(klk)
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. ENVIRONMENTAL SERVICES CONDITIONS:

A-1 This vesting tentative map is approved for all boundary lines, easements, rights-of-way, and construction of off-site improvements as shown on the application plans and exhibits specifically labeled as Exhibits: Vesting Tentative Map 1-3.
*A-2 Approval of this project requires certain legislative determinations by the City Council. The approval of the vesting tentative map is expressly made contingent upon the approval of the General Plan Amendment, Zone Change, Planned Development Permit, and Affordable Housing Agreement by the City Council.

A-3 The approval of the Vesting Tentative Map expires if a Final Map is not prepared and recorded in accordance with the Simi Valley Municipal Code (“SVMC”).

A-4 This decision is not effective until Permittee acknowledges acceptance of all conditions and any appeal period has lapsed, or a waiver of right to appeal is filed or if there is an appeal, until a final decision has been made on the appeal. By use of the entitlements granted by a development application, the Permittee acknowledges agreement with conditions of approval
A-4 Permittee must prepare a Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and submit them to the City Attorney, Deputy Environmental Services Director/City Planner, and the City Engineer for review and approval. Applicant must have the approved CC&Rs recorded with the Ventura County Recorder's Office concurrent with the final map.

Any future revision of the CC&Rs, as they pertain to the requirements set forth below, will require the approval of the City.
a. The formation of a homeowners association (HOA), which includes all owners of property within the project boundary and their successors; b. By-laws for the operation of the HOA;
c. A statement that the HOA will be responsible, jointly and severally for the life of the CC&Rs, for the maintenance, repair, and replacement of:
i. All common area improvements, landscaping, irrigation equipment and debris-detention basins, utilities; and,
ii. All landscaping and irrigation equipment within the public right-ofway and enriched parkways; 25 RES. NO. 2024-38
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APPLICANT: City Ventures, LLC
CityVenturesHomebuildingCCmtg10-7-24(klk)
d. A statement that in the event these areas are not properly maintained, repaired and replaced according to the City approved landscape and drainage plans, each homeowner will be responsible to the extent of his/her proportionate obligation to the HOA for the maintenance, repair and replacement of those areas. This responsibility will be secured by a lien on the homeowner’s property in favor of the City, in conformance with City procedures;
e. Notwithstanding the fact that the CC&Rs may duplicate City ordinances or regulations, a statement that the HOA will be responsible for providing written notice to association homeowners of any violation of the CC&Rs on the homeowners property, and for enforcing the CC&Rs and taking appropriate legal action; and
f. Applicant must submit with the CC&Rs a memorandum identifying where the statements required per subsections a-e, above, are located within the document.

A-5 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 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-6 During the lifetime of the map, Permittee must comply with all applicable laws and regulations of every local, state, and federal entity, and all such requirements and enactments will be incorporated by reference as conditions of this map. The duty of inquiry as to such requirements and any amendments thereto will be upon Applicant and his or her transferees or successor in interest.

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

A-8 Permittee must provide to the Environmental Services Director a copy of all 26 RES. NO. 2024-38
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CityVenturesHomebuildingCCmtg10-7-24(klk)
conditions of approval recorded with the Ventura County Recorder's Office.

A-9 Permittee must submit a utility plan to the Environmental Services 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 using masonry walls, landscaping, or a combination of both; c. A minimum of three feet of clearance between all above-ground utility equipment and the screening;
d. Access panels oriented away from all public rights-of-way; e. Fire sprinkler pressure detector check valves located a minimum of 10 feet from all property lines adjacent to public rights-of-way, unless determined by the Deputy Environmental Services Director/City Planner to not be feasible;
f. Depiction of the Traffic Sight Safety Area (TSSA); and, g. Location of all above-ground utility equipment outside of the TSSA.

B. PUBLIC WORKS CONDITIONS:

General
B-1 Permittee must submit each phased Final Map to the City Engineer with a title report, reference documentation, calculations, and applicable fees. The Final Maps and supporting documents must comply with SVMC Chapter 9-

62. B-2 Permittee must provide to the Public Works Director, or designee, a digital file of each Final Map in a format compatible with the City GIS database.

B-3 Permittee must submit to the Public Works Director, or designee, project improvement plans on 24" x 36" sheets having the City's standard signature blocks. All lettering on the plans must be a minimum of 0.08 inch in size, and the plans must be drawn to ensure reproduction and record keeping.

All plans must be signed by a California State Registered Civil Engineer at the time of first submittal. All improvement plans must comply with SVMC Chapter 9-64. Permittee must submit improvement plans for each phase as one package and must include all project improvements shown on the approved project phasing exhibits and those to be designed per these 27 RES. NO. 2024-38
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APPLICANT: City Ventures, LLC
CityVenturesHomebuildingCCmtg10-7-24(klk)
Conditions. (Piecemeal submittal of plans is not acceptable.) This package must also include all supporting studies. Plans and studies must be signed by a California State Registered Civil Engineer at the time of the first submittal.

B-4 Permittee must enter into an agreement with the City for construction of the improvements shown on the tentative map and all improvements to be designed per these Conditions. The agreements and public improvement securities must comply with SVMC Chapter 9-64.

B-5 Permittee must offer to dedicate all necessary rights-of-way and easements as shown on the approved tentative map exhibit and as required by these conditions.

B-6 Permittee must design improvements such that all existing and proposed utilities are underground per SVMC § 9-30.090 and Chapter 9-64.

Grading and Drainage
B-7 Permittee must design and submit a grading plan to the Public Works Director or designee, subject to review and approval by the City Engineer.

The plan must be in conformance with Chapter 7 of the Ventura County Land Development Manual adopted by City Council Resolution No. 69-8 and SVMC Chapter 9-64, except as modified by the Specific Plan. Each grading plan must be accompanied by a soils report, prepared to comply with the Guidelines for Geotechnical and Geological Reports in the City of Simi Valley.

B-8 Permittee must provide a drainage study to the Public Works Director, or designee, prepared by a California State Registered Civil Engineer. This study must include supporting hydrology and hydraulic calculations complying with the City of Simi Valley Drainage Study Guidelines, Goal VIII3 of the General Plan, the Ventura County Hydrology Manual and Hydraulic Design Manual of the Los Angeles County and Ventura County Watershed Protection Districts.

B-9 Permittee must incorporate storm water detention into the improvement plans. Detention design must conform to the City of Simi Valley Drainage Study Guidelines. Site runoff cannot exceed the 10-year undeveloped storm runoff. The detention design must use either the hydrograph flood routing method or the unit volume method using 1,000 or 2,500 cubic feet per acre for bypass or flow-through designs respectively.

B-10 Permittee must incorporate permanent post-construction storm water quality treatment devices into the site improvements for review and approval by the City Engineer to comply with the State Water Resources Control 28 RES. NO. 2024-38
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CityVenturesHomebuildingCCmtg10-7-24(klk)
Board Order No. 2009-0009-DWQ, Order No. CAS000002, "National Pollution Discharge Elimination System” (NPDES).

B-11 Permittee must prepare a Storm Water Pollution Prevention Plan (SWPPP) to comply with the State Water Resources Control Board Construction Stormwater General Permit, Order 2022-0057-DWQ. A Notice of Intent (NOI) must be submitted to the Los Angeles Regional State Water Resources Control Board to comply with the General Permit.

B-12 Permittee must comply with all FEMA regulations and the City's Flood Damage Prevention Ordinance per SVMC Section 7-5.
*B-13a Permitee agrees to indemnify and hold City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising from the City’s approval of GPA-2022-0001, Z-S2022-0003, PD-S-2022-0012, VTT-2024-0001, and AHA-2022-0002 (“Discretionary Approvals”) except for such loss or damage arising from the City’s sole negligence or willful misconduct. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the Discretionary Approvals, Developer agrees to defend the City (at the City’s request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section “City” includes the City of Simi Valley’s elected officials, appointed officials, officers, and employees.

“Each Owner acknowledges and understands that the stormwater drainage design for the Project directs stormwater flows to the southeast portion of the Project; however, in the unlikely scenario of a failure in the stormwater drainage devices or improvements, the stormwater will be directed to the adjacent property south of the Project. Each successor in interest, jointly and severally, agrees to indemnify and hold City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising from the City’s approval of the stormwater drainage design. For purposes of this section “City” includes the City of Simi Valley’s elected officials, appointed officials, officers, and employees.” *B-13b Permittee must design a stormwater pump system for its drainage improvement system. The pump system must include sufficient power supply back-up systems to ensure operation during all power outages and 29 RES. NO. 2024-38
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potential circuit shut downs. The design will require the preparation of an Operations and Maintenance Manual and that a yearly Compliance report be submitted to the City as defined more particularly in the projects CC&R’s.

Traffic
B-14 Permittee must design any landscaping to incorporate and provide for the minimum safe vehicle/driver sight distances at the project driveways, restricting the height of any planting material to 30 inches or less within the driver's sight distance area per City Standard SV 20-130; in addition, no walls, berms, slopes, backflow prevention devices, on-site project monuments, signs, or other impediments to the driver's sight visibility will be allowed within that restricted area; all as directed by the City Engineer. Any proposed decorative pavement, on-site project monuments, or signs must be located outside of the public right-of-way, as directed by the City Engineer.

B-15 Permittee must design all project access driveways per City Standard SV 11-20, “Commercial Driveway Approach” to achieve current Americans with Disabilities Act (ADA) Standards. Width must be per approved plan.

Driveways must have minimum 15’ radius returns.

B-16 Permittee must design 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 any improvements in the public right-of-way in accordance with the Caltrans Standard Plans, the California Manual on Uniform Traffic Control Devices, latest editions, and any applicable City of Simi Valley Standards.

B-18 Permittee must design and construct all on-site traffic circulation elements and traffic control devices (e.g., pavement delineation, signage) in accordance with the California Manual on Uniform Traffic Control Devices, latest edition.

B-19 Permittee must design all internal circulation roadways with a 30-foot width, as per plan. Permittee must design all secondary roadways with a 25-foot width, as per plan.

B-20 Permittee must design Oak Road to be a reciprocal access road from East Los Angeles Avenue to the southerly property line of the project site with a 30-foot width, as per plan.
30 RES. NO. 2024-38
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CityVenturesHomebuildingCCmtg10-7-24(klk)
D. VENTURA COUNTY FIRE PROTECTION DISTRICT:

D-1 Permittee must comply with all current Ventura County Fire Protection District Ordinances, Codes and Standards as detailed in the Fire Protection District Memorandum dated August 8, 2024 (Exhibit E), which is incorporated by reference.

I. ENVIRONMENTAL MITIGATION MONITORING CONDITIONS
I-1 The Mitigation Monitoring and Reporting Program (MMRP) of the Mitigated Negative Declaration is incorporated by reference as conditions of approval (Exhibit G).

I-2 Before initiation of any ground disturbing activities, Permittee must pay a mitigation monitoring fee of $3,473.45 to the Environmental Services Director, or designee.

END OF CONDITIONS
31 RES. NO. 2024-38
CASE NO.: VTT-2024-0001
APPLICANT: City Ventures, LLC
CityVenturesHomebuildingCCmtg10-7-24(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 VTT-2024- 0001. 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________________________
32 RES. NO. 2024-38

EXHIBIT D
CASE NO.: GPA-2022-0001/PD-S-2022-0012/VTT-2024-0001
APPLICANT: City Ventures, LLC

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. Permittee will assume all costs incurred in complying with the conditions contained herein. “Permittee” or “Applicant” or “Developer” or “Owner” as used in these conditions means all Applicants, developers, permittees, and all owners of the subject property and all successor 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. Permittee must comply with all of the conditions.

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

GC.3 Permittee must sign these Conditions of Approval, as set forth below, to acknowledge acceptance within 30 days from the date of approval by the City Council.

GC.4 The City will only issue permits for the development when the construction documents (e.g., building plans) substantially comply with the approved plans.

Substantial conformity is determined by the Director.

GC.5 This decision is not effective until Permittee acknowledges acceptance of all project 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. 33 RES. NO. 2024-38
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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 Exhibits Site Plan 1-4; Floor Plan 1-4; Building Elevation 1-8; Building Floor Plan 1-9; Window Recess Detail; Color/Materials 1-3; Landscape Plan 1-4; Fence & Wall Plan; Preliminary Grading Plan; and Preliminary Utility Plan.

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

A-6 During the lifetime of the permit, Permittee must comply with all applicable laws and regulations of every local, state, and federal entity; and all such requirements and enactments will be incorporated by reference as conditions of this permit. The duty of inquiry as to such requirements and 34 RES. NO. 2024-38
CASE NO.: GPA-2022-0001/PD-S-2022-0012/VTT-2024-0001
APPLICANT: City Ventures, LLC
CityVenturesHomebuildingCCmtg10-7-24(klk)
any amendments thereto will be upon Permittee and his or her transferees or successor in interest.

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

A-8 All conditions of Vesting Tentative Map VTT-2024-0001 are incorporated by reference and are part of this approval.

A-9 Approval of this project requires certain legislative determinations by the City Council. The approval of the Planned Development Permit is hereby expressly made contingent upon the approval of the General Plan Amendment, Zone Change, Vesting Tentative Map, and Affordable Housing Agreement by the City Council.

A-10 Permittee must provide to the Environmental Services Director a copy of all conditions of approval recorded with the Ventura County Recorder's Office.

A-11 Permittee cannot attach signs, flags, pennants, streamers, or banners of any type to the light poles or landscaping.

A-12 Permittee must submit a utility plan to the Environmental Services 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 using masonry walls, landscaping, or a combination of both; c. A minimum of three feet of clearance between all above-ground utility equipment and the screening;
d. Access panels oriented away from all public rights-of-way; e. Fire sprinkler pressure detector check valves located a minimum of 10 feet from all property lines adjacent to public rights-of-way, unless determined by the Deputy Environmental Services Director/City Planner to not be feasible;
f. Depiction of the Traffic Sight Safety Area (TSSA); and, g. Location of all above-ground utility equipment outside of the TSSA.

A-13 In the event of the encounter of subsurface materials suspected to be of an archaeological or paleontological nature, all grading or excavation must 35 RES. NO. 2024-38
CASE NO.: GPA-2022-0001/PD-S-2022-0012/VTT-2024-0001
APPLICANT: City Ventures, LLC
CityVenturesHomebuildingCCmtg10-7-24(klk)
cease in the immediate area, and the find left untouched. Permittee must select and provide a qualified professional archaeologist certified by the Register of Professional Archaeologists or paleontologist with a degree(s) in paleontology or geology to evaluate and make recommendations as to disposition, mitigation and/or salvage. The recommendation must be implemented before work may proceed. Permittee will be liable for all costs associated with the professional investigation and implementation.

A-14 Before the Building Official, or designee, conducts an occupancy inspection, Permittee must provide to the Environmental Services 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-15 Permittee must continually maintain, repair and replace all structures, landscaping, irrigation equipment, sidewalks, parking lot surfacing, and all other improvements within the project described in the approved plans.

A-16 Permittee must submit photometric and luminaire plans which comply with Simi Valley Municipal Code §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-17 Throughout its term, Permittee must abide by the provisions of the Affordable Housing Agreement (AHA-2022-0002) approved concurrently herewith, which are incorporated by this reference as if fully set forth. A violation of the terms of the Affordable Housing Agreement, or any of its exhibits, constitutes a violation of this Planned Development Permit. In the event of a conflict between the Agreement and the PD conditions, whichever contains more restrictive terms will apply.
*A-18 Permittee must execute an Affordable Housing Agreement with the City for a term of 45 years that must reserve ten one-bedroom condominium units for occupancy by qualified moderate-income households, as specified by the Affordable Housing Agreement (AHA-2022-0002) as approved by the City Council.
*A-19 Permittee must submit to the Deputy Environmental Services Director/City Planner, a Fence and Wall Plan that includes details on all existing and proposed fences, walls, and gates that include colors, materials, textures, heights, and style. Materials must be slumpstone, wrought iron, textured concrete block, or other similarly constructed walls. All property line walls and fences must not be placed more than one inch away from any property line.
36 RES. NO. 2024-38
CASE NO.: GPA-2022-0001/PD-S-2022-0012/VTT-2024-0001
APPLICANT: City Ventures, LLC
CityVenturesHomebuildingCCmtg10-7-24(klk)
A-20 Permittee must submit to the Deputy Environmental Services Director/City Planner for review and approval, a Final Roof Plan that demonstrates that all proposed rooftop HVAC units will be screened by the proposed parapet and screen walls.

B. PUBLIC WORKS CONDITIONS:

General
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 are not considered a comprehensive listing of all applicable law. All of the following Conditions, including the payment of all the miscellaneous fees, must be completed before the Environmental Services Director or designee issues a Zoning Clearance, unless other timing has been specified by the City Engineer.

B-2 Before the City Engineer issues a Grading Permit, Permittee must submit improvement plans on 24” x 36” sheets having the City’s standard signature blocks to the Public Works Director, or designee. 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 show on the approved project exhibits and those to be designed per these Conditions. Piecemeal submittal of plans is not acceptable. This package must include all supporting studies. Plans and studies must be signed by a California State Registered Civil Engineer at the time of first submittal.

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

The above submittals must comply with SVMC Chapter 7-1.

B-4 Before construction, Permittee must provide to the Public Works Director, or designee, a digital file of the approved improvement plan documents in a format compatible with the City GIS database.

B-5 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 a geodatabase or shapefile format compatible with the City GIS database to the Public Works Director, or designee. 37 RES. NO. 2024-38
CASE NO.: GPA-2022-0001/PD-S-2022-0012/VTT-2024-0001
APPLICANT: City Ventures, LLC
CityVenturesHomebuildingCCmtg10-7-24(klk)
B-6 Before the Building Official issues a final certificate of occupancy, Permittee must construct all improvements per the accepted plans and approved conditions and obtain acceptance for the improvements from the Public Works Director, or designee. Before requesting a final inspection for release of securities, Permittee must submit record drawings and certifications to the Public Works Director, or designee.

B-7 All existing and proposed utilities must be constructed underground per SVMC § 9-30.090 and Chapter 9-64.

Grading and Drainage
B-8 Before the City Engineer issues a grading permit, Permittee must submit a site paving, drainage, and grading plan to the Public Works Director, or designee, subject to review and approval by the City Engineer. Upon acceptance of the geotechnical report by the City, Permittee must submit a digital file of the report and all comments, responses, references, and supporting data to the Public Works Director, or designee.

B-9 Before the City Engineer issues a grading permit, Permittee must post improvement securities for all grading, pay all applicable fees, and provide insurance documentation.

B-10 Permittee must incorporate stormwater detention into the improvement plans. The detention design must use either the hydrograph flood routing method or the unit volume method using 1,000 or 2,500 cubic feet per acre for bypass or flow through designs respectively.
*B-11 Permittee must submit to the City Engineer for review, and must execute and record upon approval, a Deed Restriction Covenant and Agreement regarding Detention, Storm Drains, and Stormwater Treatment Device Maintenance in a form approved by the City Attorney.

B-12 Permittee must obtain a Grading Permit, must complete the grading according to the approved plans, and provide certifications by the soils engineer and civil engineer.
*B-13 Before the City Engineer issues a Grading Permit, Permittee must provide to the Public Works Director, or designee, a stormwater acceptance deed or easement if no adequate downstream drainage facility exists to receive runoff from the project. The deed or easement must comply with Chapter 6 of the Ventura County Land Development Manual as adopted by City of Simi Valley Resolution No. 69-8. Drainage improvements on private property must be continually maintained, repaired, and replaced by the property owner(s) or Homeowners Association(s).
38 RES. NO. 2024-38
CASE NO.: GPA-2022-0001/PD-S-2022-0012/VTT-2024-0001
APPLICANT: City Ventures, LLC
CityVenturesHomebuildingCCmtg10-7-24(klk)
B-14 Before the City Engineer issues a Grading Permit for the entirety of the construction period, Permittee must implement and maintain all measures necessary to eliminate the discharge of pollutants from the project site to the public street and storm drain system as outlined in the Storm Water Pollution Prevention Plan (SWPPP). For any work in progress, updated SWPPP and erosion control plans must be submitted to the Public Works Director, or designee, during the period from November 1 to April 1 of each year.
*B-15a Permittee agrees to indemnify and hold City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising from the City’s approval of GPA-2022-0001, Z-S2022-0003, PD-S-2022-0012, TT-2022-0003, and AHA-2022-0002 (“Discretionary Approvals”) except for such loss or damage arising from the City’s sole negligence or willful misconduct. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the Discretionary Approvals, Developer agrees to defend the City (at the City’s request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section “City” includes the City of Simi Valley’s elected officials, appointed officials, officers, and employees.

Developer understands and agrees that this obligation will survive despite any conveyance of Developer’s property interests in accordance with applicable law to a successor. Additionally, Developer agrees that the covenants, conditions, and restrictions (“CC&Rs”) recorded against the property regulated by the Discretionary Approvals must, in addition to any other required language, include a hold harmless clause reading as follows:
“Each Owner acknowledges and understands that the stormwater drainage design for the Project directs stormwater flows to the southeast portion of the Project; however, in the unlikely scenario of a failure in the stormwater drainage devices or improvements, the stormwater will be directed to the adjacent property south of the Project. Each successor in interest, jointly and severally, agrees to indemnify and hold City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising from the City’s approval of the stormwater drainage design. For purposes of this section “City” includes the City of Simi Valley’s elected officials, appointed officials, officers, and employees.” *B-15b Permittee must construct a stormwater pump system for its drainage improvement system. The pump system must include sufficient power supply back-up systems to ensure operation during all power outages and potential circuit shut-downs. The design will require the preparation of an Operations and Maintenance Manual and that yearly Compliance report be submitted to the City as defined more particularly in the projects CC&R’s. 39 RES. NO. 2024-38
CASE NO.: GPA-2022-0001/PD-S-2022-0012/VTT-2024-0001
APPLICANT: City Ventures, LLC
CityVenturesHomebuildingCCmtg10-7-24(klk)
Storm Water Quality
B-16 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.

B-17 Before the City Engineer issues a grading permit, Permittee must prepare a Storm Water Pollution Prevention Plan (SWPPP) and must incorporate permanent storm water quality treatment devices into the site improvements for review and approval by the City Engineer.

B-18 Before the City Engineer issues a Grading Permit for the entirety of the construction period, Permittee must implement and maintain all measures necessary to eliminate the discharge of pollutants from the project site to the public street and storm drain system as outlined in the Storm Water Pollution Prevention Plan (SWPPP). For any work in progress, updated SWPPP and erosion control plans must be submitted to the Public Works Director, or designee, during the period from November 1 to April 1 of each year.

Traffic
B-19 Permittee must construct any landscaping to incorporate and provide for the minimum safe vehicle/driver sight distances at the project driveways, restricting the height of any planting material to 30 inches or less within the driver's sight distance area per City Standard SV 20-130; in addition, no walls, berms, slopes, backflow prevention devices, on-site project monuments, signs, or other impediments to the driver's sight visibility will be allowed within that restricted area; all as directed by the City Engineer. Any proposed decorative pavement, on-site project monuments, or signs must be located outside of the public right-of-way, as directed by the City Engineer.

B-20 Permittee must construct all project access driveways per City Standard SV 11-20, “Commercial Driveway Approach” to achieve current Americans with Disabilities Act (ADA) Standards. The width must be per the approved plan.

Driveways must have minimum 15’ radius returns.

B-21 Permittee must 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-22 Permittee must construct any improvements in the public right-of-way in accordance with the Caltrans Standard Plans, the California Manual on 40 RES. NO. 2024-38
CASE NO.: GPA-2022-0001/PD-S-2022-0012/VTT-2024-0001
APPLICANT: City Ventures, LLC
CityVenturesHomebuildingCCmtg10-7-24(klk)
Uniform Traffic Control Devices, latest editions, and any applicable City of Simi Valley Standards.

B-23 Permittee must construct on-site traffic circulation elements and traffic control devices (e.g., pavement delineation, signage) in accordance with the California Manual on Uniform Traffic Control Devices, latest edition.

B-24 Permittee must construct all internal circulation roadways with a 30-foot width, as per plan. Permittee must design all secondary roadways with a 25-foot width, as per plan.

B-25 Permittee must construct Oak Road to be a reciprocal access road from East Los Angeles Avenue to the southerly property line of the project site with a 30-foot width, as per plan.

B-26 Permittee must pay the Traffic Impact Fee to the Public Works Director, or designee, specified in the City of Simi Valley Schedule of Service Charges in effect at the time of payment, as stated in the current Traffic Impact Fee Resolution. The total fee is based on daily vehicle trip ends, with the project forecast to generate 472 daily trip ends.

Sanitation
B-27 Permittee must submit a utility plan to the Public Works Director, or designee, and obtain approval showing the proposed sewer laterals for the property, designed per 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 subsequent revisions.

B-28 Permittee must determine the condition of the existing sewer lateral serving the Parcel to ensure the lateral is functioning properly.

B-29 Before obtaining a building permit, Permittee must apply for and obtain Sewer Will-Serve Letter from the Sanitation Services Division.

B-30 Before the Public Works Director, or designee, issues a Sewer Will-Serve Letter, Permittee must pay the sewer connection fees and all applicable fees. Credits may apply and actual fees will be determined at the time of payment.

B-31 Before the Building Official issues a final certificate of occupancy, permittee must show sewer lateral connections for the Parcel is per the City of Simi Valley Standard Plate SV 40-180 and other applicable plates.

Golden State Water
B-32 Permittee must submit a New Business Application with Golden State Water Company (GSWC) as well as pay all applicable fees.
41 RES. NO. 2024-38
CASE NO.: GPA-2022-0001/PD-S-2022-0012/VTT-2024-0001
APPLICANT: City Ventures, LLC
CityVenturesHomebuildingCCmtg10-7-24(klk)
B-33 Permittee must assist Golden State Water Company (GSWC) with an application to the California Public Utilities Commission in order to annex the western portion of the development into the GSWC service area.

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 Checklist, to the Deputy Environmental Services Director/City Planner for review and approval. The final plans/materials 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. Include a Water Efficient Landscape Worksheet with each submittal of landscape and irrigation plans;
d. Depict all protected trees pursuant to SVMC §9-38.050; e. 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,
f. Include planting and irrigation with native compatible, fire-resistant plants in areas adjacent to existing native vegetation. All plants materials must be low-water use and must not include any live turf areas. The plant palette must not include invasive plants as listed in the California Invasive Plant Council (Cal-IPC) Invasive Plant Inventory.

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

C-3 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 Environmental Services Director grants a Tree Removal Permit authorizing the removal of 42 RES. NO. 2024-38
CASE NO.: GPA-2022-0001/PD-S-2022-0012/VTT-2024-0001
APPLICANT: City Ventures, LLC
CityVenturesHomebuildingCCmtg10-7-24(klk)
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-4 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 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 Checklist to the satisfaction of the Deputy Environmental Services Director/City Planner following completion of the landscape installation.

C-5 For the lifetime of this permit, Permittee must maintain landscaping in compliance with the following standards:
a. All tree pruning 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 by the 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 so as to comply with the approved landscape plan. The minimum replacement size will 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 Ordinances, Codes and Standards as detailed in the Fire Protection District Memorandum August 8, 2024 (Exhibit E), which is incorporated by reference.

E. RANCHO SIMI RECREATION AND PARK DISTRICT:

E-1 Permittee must provide the Rancho Simi Recreation and Park District (RSRPD) with the equivalent Park Land Dedication/In-Lieu Fees for the 70 condominium units before the issuance of a Zoning Clearance for the 43 RES. NO. 2024-38
CASE NO.: GPA-2022-0001/PD-S-2022-0012/VTT-2024-0001
APPLICANT: City Ventures, LLC
CityVenturesHomebuildingCCmtg10-7-24(klk)
project to the City of Simi Valley. If the number of dwelling units changes before approval of the Zoning Clearance, the Park Dedication fees will be modified to reflect the actual development accurately. Under authorization by the RSRPD Board of Directors, it is anticipated that cash-in-lieu fees received form the project will be committed to the RSRPD’s Rancho Santa Susana Community Park.

I. ENVIRONMENTAL MITIGATION MONITORING CONDITIONS
I-1 The Mitigation Monitoring and Reporting Program (MMRP) of the Mitigated Negative Declaration are incorporated by reference as conditions of approval (Exhibit F)
I-2 Before initiation of any ground disturbing activities, Permittee must pay a mitigation monitoring fee of $3,473.45 to the Environmental Services Director, or designee.

END OF ALL CONDITIONS
44 RES. NO. 2024-38
CASE NO.: GPA-2022-0001/PD-S-2022-0012/VTT-2024-0001
APPLICANT: City Ventures, LLC
CityVenturesHomebuildingCCmtg10-7-24(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 GPA-2022- 0001/Z-S-2022-0003/PD-S-2022-0012/VTT-2024-0001. 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________________________
45 RES. NO. 2024-38

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EXHIBIT E
Ventura County Fire Protection District

MEMORANDUM
DATE: 10/3/2022
TO: Elizabeth Richardson
AGENCY: City of Simi Valley Planning Dept.

FROM: Carlos Amaro, Fire Inspector
PROJECT NUMBER: PD-S-2022-0012
FIRE DEPT. ID FPLN22-00371
APPLICANT: Eric Miller, 909-996-8585
LOCATION: 1845 Oak Rd., Simi Valley
DESCRIPTION: Discretionary review for a proposed residential development with a total of 65 units, a density of 18 dwelling units per acre, on a 3.61-acre site.

Complete - This project has been reviewed by the Ventura County Fire Protection District and is found to be compliant per VCFD 501 Fire Apparatus Access Standard.

Fire Department Clearance (Submit prior to Building & Safety approval) - Applicant shall obtain VCFD Form #610 "Fire Permit Application” and Form #625 “Fire Flow Verification” prior to obtaining a building permit for any new structures or additions to existing structures.

Building Plan Review (Submit prior to Building & Safety approval) - Building plans of all A, E, I, H, R-1, R-2 or R-4 occupancies shall be submitted, with payment for plan check, to the Fire District for review and approval prior to obtaining a building permit.

Water System Plans (Submit prior to Building & Safety approval) - Plans for water systems supplying fire hydrants and / or fire sprinkler systems and not located within a water purveyor’s easement, shall be submitted to the Fire District for review and approval prior to issuance of grading and/or building permits or signing of Mylar plans, whichever is first. Plans shall reflect only dedicated private fire service lines and associated appurtenances. Plan shall be design and submitted with the appropriate fees in accordance with VCFPD Standard 14.7.2.

Fire Lanes / Access Review (Submit prior to Building & Safety approval) - the applicant shall submit two (2) site plans to the Fire District for review and approval of 46 RES. NO. 2024-38

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Access and location of fire lanes. Prior to occupancy, all fire lanes shall 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 shall be within recorded access easements.

Street Names - Prior to recordation of street names, proposed names shall be submitted to the Fire District's Fire Prevention Bureau for review and approval.

Address Number Plan - A plan shall be submitted to the Fire District for review indicating the method in which buildings are to be identified by address numbers.

Access Road Width, Private Roads/Driveways - Private roads shall comply with Public Road Standards. 2.5-foot wide easements shall be provided on each side of any private access road/driveway to allow for curbs and fire lane signage. • Access road width of 36 feet (min.) shall be provided for residential use with parallel parking permitted on both sides.
• Access road width of 24 feet shall be required with no on-street parking permitted, or per Public Road Standards whichever is stricter.
• Aerial Ladder Fire Apparatus Access, Multi-Family, Commercial or Industrial Buildings or portions of buildings or facilities with perimeter eave lines exceeding 30 feet in height above the lowest level of fire department access shall require an approved aerial ladder fire apparatus access roads and driveways. Aerial fire apparatus access roads and driveways shall have a minimum clear width of 30 feet.

Overhead utility and power lines shall not be located within the aerial ladder fire apparatus access roads and driveways. At least one of the required access routes meeting this condition shall be located a minimum of 15 feet and a maximum of 30 feet parallel to one side of the buildings, as approved by the Fire District. Buildings exceeding 50,000 SQFT shall have the required access route along a minimum of two sides. Parking shall be prohibited along the required width of the access roads and driveways. Landscaping and other improvements between the required access and the buildings shall not interfere with aerial ladder fire apparatus operations, as approved by the Fire District.

Access Covenant - A covenant and deed restriction upon parcels _637-0-140-430, _637-0-140-120, & 637-0-140-730 shall be recorded at the time of map recordation and a copy of the record document shall be provided to the Fire District within (7) days of recordation. This covenant shall require upon the sale of any of these parcels, a reciprocal access easement be recorded on all parcels who share the access road / driveway. This easement shall allow for an access road / driveway meeting all Ventura County Fire Protection District access standards and shall be approved by the Ventura County Fire Protection District prior to recordation.

Construction Access - Prior to combustible construction, a paved all-weather access road / driveway suitable for use by a 20-ton Fire District vehicle shall be installed at locations approved by the Fire District.

Construction Access Utilities - Prior to combustible construction, all utilities located within the access road and the first lift of the access road pavement shall be installed. A minimum 47 RES. NO. 2024-38

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CityVenturesHomebuildingCCmtg10-7-24(klk)
20-foot clear width shall remain free of obstruction during any construction activities within the development once combustible construction starts.

Turnarounds - Approved turnaround areas for fire apparatus shall be provided when deadend Fire Department access roads / driveways exceed 150 feet. Turnaround areas shall not exceed a 5% cross slope in any direction and shall be located within 150 feet of the end of the access road / driveway. Turnaround areas shall not be used for parking and shall be always kept free of obstructions. Turnaround areas shall be posted as Fire Lanes in accordance with Fire District Fire Lane Standards.

Parking Prohibited - The property owner(s) are hereby advised that parking on access roads / driveways and fire department turnarounds is prohibited.

Access Road Location - The access / driveway shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building and shall be in accordance with Fire District access standards. Where the access roadway cannot be provided, approved fire protection system or systems shall be installed as required and acceptable to the Fire District.

Site Access - Two (2) means of ingress/egress shall be provided to the development in accordance with Fire District access standards.

Access Road Certification - That the access road(s)/driveway(s) shall be certified by a registered civil engineer as having an all-weather surface in conformance with Public Works and / or Fire District standards. This certification shall be submitted to the Fire District for review and approval prior to occupancy.

Street Name Signs - Street name signs shall be installed in conjunction with the road improvements. The type of sign shall be in accordance with __Ventura County Public__ Road Standards.

Walkways - Approved walkways shall be provided from all building openings to the public way or fire department access road / driveway.

Address Numbers (Commercial, Industrial, Multi-family buildings) - Building address numbers, a minimum of ten inches (10") high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Brass or goldplated numbers shall not be used. Where structures are set back more than 150 feet from the street, larger numbers will be required so that they are distinguishable from the street.

In the event a structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance on an elevated post. Individual unit numbers shall be a minimum of 4 inches in height and shall be posted at the front and rear entrance to each unit. Additional address directional signs may be required at common building entrances and stairways.

Accessory Room Door Labeling - All accessory room doors shall be labeled on the doors indicating use of the room (i.e., Electrical Room, Riser Room, Fire Alarm Panel Inside, Storage Room, Janitor, Roof Access, etc.).

Fire Hydrant Plan -Prior to construction, the applicant shall submit plans to the Fire District 48 RES. NO. 2024-38

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CityVenturesHomebuildingCCmtg10-7-24(klk)
for placement of fire hydrants. On plans, show existing hydrants within 500 feet of the development. Indicate the type of hydrant, number, and size of outlets.

Fire Hydrant(s) Required - Fire hydrant(s) shall be provided in accordance with current adopted edition of the International Fire Code, Appendix C and adopted amendments. Onsite fire hydrants may be required as determined by the Fire District.

Fire Hydrant Design (Commercial, Industrial, Multi-family buildings) - Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the _City of Simi Valley_ Water Works Manual and the following. a. Each hydrant shall be a 6-inch wet barrel design and shall have ( 1 ) 4 inch and ( 2 ) 2 ½ inch outlet(s).
b. The required fire flow shall be achieved at no less than 20-psi residual pressure.
c. Fire hydrants shall be spaced 300 feet on center and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be set back in from the curb face 24 inches on center. e. No obstructions, including walls, trees, light and signposts, meter, shall be placed within three (3) feet of any hydrant.
f. A concrete pad shall be installed extending 18 inches out from the fire hydrant.
g. Ground clearance to the lowest operating nut shall be between 18 to 24 inches.

Fire Hydrant Installation - Prior to combustible construction on any parcel, a fire hydrant capable of providing the required fire flow and duration shall be installed and in service along the access road / driveway at a location approved by the Fire District, but no further than 250 feet from the building site. The owner of the combustible construction is responsible for the cost of this installation.

Hydrant Location Markers - Prior to occupancy of any structure, blue reflective hydrant location markers shall be placed on the access roads in accordance with Fire District standards. If the final asphalt cap is not in place at time of occupancy, hydrant location markers shall still be installed and shall be replaced when the final asphalt cap in completed.

Fire Flow (Commercial, Industrial, Multi-family buildings) - The minimum fire flow required shall be determined as specified by the current adopted edition of the International Fire Code Appendix B with adopted Amendments and the applicable Water Manual for the jurisdiction (with ever is more restrictive). The applicant shall verify that the water purveyor can provide the required volume and duration at the project prior to obtaining a building permit.

Fire Sprinklers - All structures shall be provided with an automatic fire sprinkler system in accordance with current VCFPD Ordinance at time of building permit application.

Fire Protection System Plans - Plans for all fire protection systems (sprinklers, dry chemical, hood systems, etc.) shall be submitted, with payment for plan check, to the Fire District for review and approval prior to installation. Note: Fire sprinkler systems with 20 or 49 RES. NO. 2024-38

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CityVenturesHomebuildingCCmtg10-7-24(klk)
more heads shall be supervised by a fire alarm system in accordance with Fire District requirements.

Fire Alarm/Sprinkler Monitoring Plans - Plans for any fire alarm system or sprinkler monitoring system shall be submitted, with payment for plan check, to the Fire District for review and approval prior to installation.

Fire Sprinkler System Maintenance - The building fire sprinkler system shall be serviced and maintained in a proper working order at all times. Required maintenance inspections and service personnel shall be in accordance with CCR Title 19, and VCFPD Ordinance.

Service and maintenance records shall be maintained on-site and available for review by the Fire Department upon request.

Five-Year Fire Sprinkler Report - A current Five-Year Fire Sprinkler System certification shall be maintained at all times in accordance with CCR Title-19 and VCFPD requirements.

The required Five-Year Report shall be submitted to the Fire Department prior to expiration of the previous Five-Year certification.

Fire Alarm Certification - The building fire alarm system shall be serviced and maintained in a proper working order at all times. Required maintenance inspections and service personnel shall be in accordance with NFPA 72. Service records shall be maintained onsite and available for review by the Fire Department upon request.

Fire Extinguishers - Fire extinguishers shall be installed in accordance with the International Fire Code. The placement of extinguishers shall be subject to review by the Fire District.

Trash Dumpster Locations - Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within 5 feet of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic fire sprinklers.
50 RES. NO. 2024-38

EXHIBIT F
CityVenturesHomebuildingCCmtg10-7-24(klk)

MITIGATION MONITORING AND REPORTING PROGRAM
FOR GPA-2022-0001/Z-S-2022-0003/PD-S-2022-0012/VTT-2024-0001 Mitigation Measure When
Monitoring to
Occur
Official/Depart
ment
Responsible
for Monitoring
Compliance Verification
Initial Date Comments

BIOLOGICAL RESOURCES
BIO-1 Nesting and Special Status Birds. To
avoid disturbance of nesting and special status
birds, including raptor species protected by the
Migratory Bird Treaty Act (MBTA) and Fish and
Game Code (FGC), project activities including,
without limitation, vegetation removal, ground
disturbance, construction, and demolition must
occur outside of the bird breeding season
(February 1 through August 30). If construction
must begin during the breeding season, then a
biologist familiar with the identification of avian
species known to occur in Southern California
and retained by the permittee, must conduct a
preconstruction nesting bird survey not more
than 14 days before the initiation of ground
disturbance and vegetation removal activities.

The nesting bird pre-construction survey must be
conducted on foot inside the project site
boundary, including a 300-foot buffer (500-foot
for raptors), and in inaccessible areas (e.g.
private lands) from afar using binoculars to the
extent practical. If nests are found, an avoidance
buffer (dependent upon the species, the
proposed work activity, and existing disturbances
associated with land uses outside of the site, and
Before the
Public Works
Director issues
a grading permit
Environmental
Services,
Environmental
Planner to
clear Public
Works Director
to issue
grading permit
51 RES. NO. 2024-38
CityVenturesHomebuildingCCmtg10-7-24(klk)
Mitigation Measure When
Monitoring to
Occur
Official/Depart
ment
Responsible
for Monitoring
Compliance Verification
Initial Date Comments
in consultation with the Public Works Director, or
designee) must be demarcated by the biologist
with bright orange construction fencing, flagging,
construction lathe, or other means to mark the
boundary. If a raptor nest is observed in a tree
proposed for removal, the Applicant must consult
with the California Department of Fish and
Wildlife (CDFW). All construction personnel must
be notified of the existence of the buffer zone and
instructed to avoid entering the buffer zone
during the nesting season. No ground disturbing
activities may occur within this buffer until the
permittee’s biologist has confirmed that
breeding/nesting is complete, and the young
have fledged the nest.

CULTURAL RESOURCES
CR-1 Archeological Monitoring.

Archaeological monitoring of all initial projectrelated ground disturbing activities by an approved archaeologist retained by the
permittee must be performed under the
guidance and direction of a Project
Archaeologist meeting the Secretary of the
Interior’s Professional Qualifications Standards
for archaeology (National Park Service,
Secretary of the Interior’s Historic Preservations
Professional Qualification Standards,
https://www.dca.ga.gov/sites/default/files/pqsta
ndards.pdf [As of June 2024]). The Project
During
Construction
Environmental
Services and
Public Works
52 RES. NO. 2024-38
CityVenturesHomebuildingCCmtg10-7-24(klk)
Mitigation Measure When
Monitoring to
Occur
Official/Depart
ment
Responsible
for Monitoring
Compliance Verification
Initial Date Comments
Archaeologist may halt and redirect work if any
archaeological resources are identified during
monitoring. If archaeological resources are
encountered during ground-disturbing activities,
work in the immediate area must halt and the find
evaluated for listing in the California Register of
Historical Resources. Construction monitoring
may be reduced or halted at the discretion of the
Project Archaeologist, as warranted by
conditions that include, without limitation,
encountering bedrock, non-native sediments
(infill), or negative findings. If archaeological
spot-checking is recommended by the Project
Archaeologist, it must only occur in areas of new
construction, where ground disturbance will
extend to depths not previously reached (unless
those depths are within bedrock).

GEOLOGY
GEO-1 Site Preparation
Vegetation, construction debris, and other
deleterious materials unsuitable as structural fill
material must be disposed of off-site before
commencing grading/construction. Any septic
tanks, seepage pits or wells must be abandoned
in accordance with applicable law including
regulations promulgated by the County of
Ventura Department of Health Services
Before the
Public Works
Director issues
a grading permit
Public Works
53 RES. NO. 2024-38
CityVenturesHomebuildingCCmtg10-7-24(klk)
Mitigation Measure When
Monitoring to
Occur
Official/Depart
ment
Responsible
for Monitoring
Compliance Verification
Initial Date Comments
GEO-2 Disposal of Existing Concrete
Existing concrete, which occurs onsite as
pavement, curb and gutter, and a building
foundation must be removed before the
placement of engineered fill. The demolished
concrete may be incorporated into compacted,
engineered fills after it is crushed to a maximum
height of six inches. Before placement as
engineered fill, any protruding steel rebar must
be cut from the concrete pieces and disposed of
offsite
Before the
Public Works
Director issues
a grading permit
Public Works
GEO-3 Disposal of Existing Asphaltic
Concrete
Existing asphaltic concrete must be removed
before the placement of engineered fill. From a
geotechnical perspective, this material may be
incorporated into compacted, engineered fills
after it is crushed to a maximum height of six
inches. The crushed asphalt cannot be placed
under residential structures and only maybe
placed in approved nonresidential areas, such
as streets, parking areas or open space
Before the
Public Works
Director issues
a grading permit
Public Works
GEO-4 Site Preparation
The undocumented artificial fill and the upper
portions of the young alluvial fan deposits near
the surface are compressible and not suitable to
support the proposed structures. It is anticipated
that, at a minimum, the upper five feet of existing
soils will require removal and recompaction,
extending a minimum of five feet horizontally
Before the
Public Works
Director issues
a grading permit
Public Works
54 RES. NO. 2024-38
CityVenturesHomebuildingCCmtg10-7-24(klk)
Mitigation Measure When
Monitoring to
Occur
Official/Depart
ment
Responsible
for Monitoring
Compliance Verification
Initial Date Comments
outside the structures.

Footings for structures must be underlain by a
minimum of two feet of compacted fill. For
building pads where unsuitable soil removals do
not provide the minimum depth of compacted fill,
or where design grades and/or remedial grading
activities create cut/fill transitions, the cut and
shallow fill portions of the building pads must be
over-excavated as determined by the Public
Works Director, or designee, during grading and
replaced with compacted fill.

The Project Geotechnical Consultant must
observe the removal bottom before placing fill. If
unsuitable soils, such as undocumented artificial
fill, are exposed upon the completion of the
removals required above, additional removals
may be required as determined by the Public
Works Director, or designee.

For fill areas in private streets, in general, a
minimum removal and recompaction of the
upper two feet is required, however all
undocumented artificial fill must be removed and
recompacted. For cuts greater than two feet in
street areas, removals are not required. For cuts
less than two feet, the two foot removal and
recompaction is required.
55 RES. NO. 2024-38
CityVenturesHomebuildingCCmtg10-7-24(klk)
Mitigation Measure When
Monitoring to
Occur
Official/Depart
ment
Responsible
for Monitoring
Compliance Verification
Initial Date Comments
Material removed as part of the unsuitable soil
removals can be used as artificial fill, provided
it is free of deleterious materials as determined
by the Public Works Director, or designee.

GEO-6
If a fossil(s) is found at shallower depths, earth
disturbance activities must be halted within a
radius of 50 feet from the location of the fossil,
and the permittee must consult with a qualified,
project-level paleontologist to determine the
significance of the fossilized remains. If the fossil
is determined significant by the paleontologist,
full-time monitoring must be initiated at the
project.

A. Before initiation of any grading, drilling, and/or
excavation activities, a preconstruction meeting
must be held and attended by the paleontologist
of record, representatives of the grading
contractor and subcontractors, the permittee,
and a City representative. The nature of potential
paleontological resources must be discussed, as
Before the
Public Works
Director issues
a grading permit
Environmental
Services and
Public Works
56 RES. NO. 2024-38
CityVenturesHomebuildingCCmtg10-7-24(klk)
Mitigation Measure When
Monitoring to
Occur
Official/Depart
ment
Responsible
for Monitoring
Compliance Verification
Initial Date Comments
well as the protocol that is to be implemented
following the discovery of any fossiliferous
materials
B. Monitoring of mass grading and excavation
activities must be performed by a qualified
paleontologist or paleontological monitor.

Starting at a depth of five feet, monitoring must
be conducted part-time in areas of grading or
excavation in undisturbed sediments of alluvial
fan deposits. If a fossil is found, the project-level
paleontologist may determine that significant,
full-time monitoring is warranted.

C. If a fossil(s) is found at a depth shallower than
five feet, earth disturbance activities must be
halted within a radius of 50 feet from the location
of the fossil, and a project-level paleontologist
must be consulted to determine the significance
of the fossilized remains. If the fossil is deemed
significant by the project-level paleontologist,
full-time monitoring must be initiated at the
project
D. Paleontological monitors must be equipped to
salvage fossils as they are unearthed to avoid
construction delays. The monitor is empowered
to temporarily halt or divert equipment to allow
removal of abundant or large specimens in a
timely manner. Monitoring may be reduced if the
potentially fossiliferous units are not present in
the subsurface, or, if present, are determined on
exposure and examination by qualified
57 RES. NO. 2024-38
CityVenturesHomebuildingCCmtg10-7-24(klk)
Mitigation Measure When
Monitoring to
Occur
Official/Depart
ment
Responsible
for Monitoring
Compliance Verification
Initial Date Comments
paleontological personnel to have low potential
to contain fossil resources. The monitor must
notify the project paleontologist, who will then
notify the permittee and Public Works Director,
or designee, of the discovery.

E. Fossils must be collected and placed in
cardboard flats or plastic buckets and identified
by field number, collector, and date collected.

Notes must be taken on the map location and
stratigraphy of the site, which is photographed
before it is vacated and the fossils are removed
to a safe place. Discovered fossil sites must be
protected by flagging to prevent them from being
overrun by earthmovers (scrapers) before
salvage begins. Fossils must collected in a
similar manner, with notes and photographs
being taken before removing the fossils. Precise
location of the site is determined with the use of
handheld GPS units. If the site contains remains
from a large terrestrial vertebrate, such as large
bone(s) or a mammoth tusk, that is/are too large
to be easily removed by a single monitor, a fossil
recovery crew must excavate around the find,
encase the find within a plaster and burlap
jacket, and remove it after the plaster is set. For
large fossils, use of the contractor’s construction
equipment may be solicited to help remove the
jacket to a safe location.

F. Isolated fossils must be collected by hand,
wrapped in paper, and placed in temporary
58 RES. NO. 2024-38
CityVenturesHomebuildingCCmtg10-7-24(klk)
Mitigation Measure When
Monitoring to
Occur
Official/Depart
ment
Responsible
for Monitoring
Compliance Verification
Initial Date Comments
collecting flats or five-gallon buckets. Notes must
be taken on the map location and stratigraphy of
the site, which is photographed before it is
vacated and the fossils are removed to a safe
place.

For vertebrate fossils, the test is usually the
observed presence of small pieces of bones
within the sediments. If present, multiple fivegallon buckets of sediment can be collected and returned to a separate facility to wet-screen the
sediment.

H. In accordance with the “Microfossil Salvage”
section of the Society of Vertebrate Paleontology
guidelines (2010:7), bulk sampling and
screening of fine-grained sedimentary deposits
(including carbonate-rich paleosols) must be
performed if the deposits are identified to
possess indications of producing fossil
“microvertebrates” to test the feasibility of the
deposit to yield fossil bones and teeth.

I. In the laboratory, individual fossils are cleaned
of extraneous matrix, any breaks are repaired,
59 RES. NO. 2024-38
CityVenturesHomebuildingCCmtg10-7-24(klk)
Mitigation Measure When
Monitoring to
Occur
Official/Depart
ment
Responsible
for Monitoring
Compliance Verification
Initial Date Comments
and the specimen, if needed, is stabilized by
soaking in an archaically approved acrylic
hardener (e.g., a solution of acetone and
Paraloid B 72).

J. Recovered specimens are prepared to a point
of identification and permanent preservation (not
display), including screen-washing sediments to
recover small invertebrates and vertebrates.

Preparation of individual vertebrate fossils is
often more time-consuming than for
accumulations of invertebrate fossils.

K. Identification and curation of specimens into
a professional, accredited public museum
repository with a commitment to archival
conservation and permanent retrievable storage
(e.g., the Los Angeles County Museum of
Natural History) must be conducted. The
paleontological program must include a written
repository agreement before the initiation of
mitigation activities. Before curation, the Public
Works Director, or designee, must be consulted
on the repository/museum to receive the fossil
material.

L. A final report of findings and significance must
be prepared, including lists of all fossils
recovered and necessary maps and graphics to
accurately record their original location(s). The
report, when submitted to, and accepted by, the
appropriate lead agency, will signify satisfactory
completion of the project program to mitigate
60 RES. NO. 2024-38
CityVenturesHomebuildingCCmtg10-7-24(klk)
Mitigation Measure When
Monitoring to
Occur
Official/Depart
ment
Responsible
for Monitoring
Compliance Verification
Initial Date Comments
impacts to any potential nonrenewable
paleontological resources (i.e., fossils) that
might have been lost or otherwise adversely
affected without such a program in place.

HYDROLOGY/WATER QUALITY
HYDRO-1
The project relies on pumping to prevent
stormwater discharge impacts to the adjacent
properties; however, there is still the potential for
the pumping equipment to fail to perform during
a storm event. To reduce this impact to a less
than significant level:

A. Permittee must design the stormwater
pumping facilities for emergency operation in the
event of a power outage.

B. Permittee must prepare an operations and
maintenance manual to ensure inspection,
maintenance, repair and replacement as
necessary for the life of the project.

C. Permittee must prepare an emergency
operations plan for the stormwater pumping
facilities for approval by the Director of Public
Works, or designee.

D. Permittee must enter into a unilateral
recorded Stormwater Facilities Maintenance
Agreement, in a form approved by the City
Attorney, with the City to include items A and B
Before the
Public Works
Director issues
a grading permit
Environmental
Services,
Environmental
Planner to
clear Public
Works Director
to issue
grading permit
61 RES. NO. 2024-38
CityVenturesHomebuildingCCmtg10-7-24(klk)
Mitigation Measure When
Monitoring to
Occur
Official/Depart
ment
Responsible
for Monitoring
Compliance Verification
Initial Date Comments
above, and submit annual inspection and
maintenance reports to the Public Works
Director, or designee
HYDRO-2 Site Drainage
Positive drainage away from the proposed
structures must be provided and maintained.

The Permittee must comply with the following:

A. Construction may only occur during the
hours of 7AM to 7PM.

B. During construction, the contractor must
ensure all construction equipment is equipped
with required noise attenuating devices including
properly operating and maintained mufflers
consistent with manufacturer’s standards.

Before the
Public Works
Director issues
a grading permit
Environmental
Services and
Public Works
62 RES. NO. 2024-38
CityVenturesHomebuildingCCmtg10-7-24(klk)
Mitigation Measure When
Monitoring to
Occur
Official/Depart
ment
Responsible
for Monitoring
Compliance Verification
Initial Date Comments
C. The contractor must locate equipment
staging areas as far as possible, away from the
nearest sensitive receptors.

D. Idling equipment must be turned off when
not in use.

E. Equipment must be maintained so that
vehicles and their loads are secured from rattling
and banging
NOI-2 Windows
The windows and sliding glass doors of all
residences directly facing Los Angeles Avenue
must have a minimum STC rating of 30 for the
1st floor and 2nd floors. In order to be able to
achieve a “windows closed” condition for the
purposes of noise reduction, the project must
have mechanical fresh air ventilation (e.g., air
conditioning) for all habitable dwelling units in
order to ensure proper climate control with
windows closed
Prior to
issuance of
Zoning
Clearance
Environmental
Services

TRIBAL CULTURAL RESOURCES
TCR-1
The project applicant must retain a professional
Tribal Monitor identified by the Fernandeño
Tataviam Band of Mission Indians (FTBMI) to
observe the following ground-disturbing
activities; grading, excavating, trenching, digging
or similar activity. Tribal Monitoring Services will
continue until confirmation is received from the
Before the Public
Works Director
issues a grading
permit, the
grading plans
must contain a
note committing
to this
requirement
Environmental
Services,
Environmental
Planner to
clear Public
Works Director
to issue
grading permit
63 RES. NO. 2024-38
CityVenturesHomebuildingCCmtg10-7-24(klk)
Mitigation Measure When
Monitoring to
Occur
Official/Depart
ment
Responsible
for Monitoring
Compliance Verification
Initial Date Comments
project applicant, in writing, that all scheduled
activities pertaining to Tribal Monitoring are
complete. If the Project’s scheduled activities
require the Tribal Monitor to leave the Project for
a period of time and return, confirmation must be
submitted to the Tribe by the Applicant, in
writing, upon completion of each set of
scheduled activities and five days’ notice (if
possible) must be submitted to the Tribe by the
Applicant, in writing, before starting each set of
scheduled activities. If cultural resources are
encountered, the Tribal Monitor may request that
ground-disturbing activities cease within 60 feet
of discovery and a qualified archaeologist
meeting Secretary of Interior standards retained
by the project applicant as well as the Tribal
Monitor must assess the find.

The Health and Safety Code must be enforced
for the duration of the Project. Inadvertent
discoveries of human remains and/or funerary
object(s) are subject to Health and Safety Code
§ 7050.5, and the subsequent disposition of
those discoveries must be decided by the Most
Before the Public
Works Director
issues a grading
permit, the
grading plans
must contain a
note committing
to this
requirement
Environmental
Services,
Environmental
Planner to
clear Public
Works Director
to issue
grading permit
64 RES. NO. 2024-38
CityVenturesHomebuildingCCmtg10-7-24(klk)
Mitigation Measure When
Monitoring to
Occur
Official/Depart
ment
Responsible
for Monitoring
Compliance Verification
Initial Date Comments
Likely Descendant (MLD), as determined by the
Native American Heritage Commission (NAHC),
should those findings be determined as Native
American in origin.

TCR-3
The City and Applicant must, in good faith,
consult with the FTBMI on the disposition and
treatment of any Tribal Cultural Resource
encountered during all ground-disturbing
activities.

Before the Public
Works Director
issues a grading
permit, the
grading plans
must contain a
note committing
to this
requirement
Environmental
Services,
Environmental
Planner to
clear Public
Works Director
to issue
grading permit

MITIGATION MONITORING FEE
I-2 Mitigation Monitoring Fee.

Before initiation of any ground-disturbing
activities the Permittee must pay a Mitigation
Monitoring Fee of $3,473.45.

One week
following project
approval
Environmental
Services
Director
65 RES. NO. 2024-38
CityVenturesHomebuildingCCmtg10-7-24(klk)
RESOLUTION NO. 2024-39

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SIMI VALLEY APPROVING AN AFFORDABLE HOUSING
AGREEMENT (AHA-2022-0002) WITH CITY VENTURES
HOMEBUILDING, LLC, FOR THE DEVELOPMENT OF 70
TOWNHOMES INCLUDING 10 ONE-BEDROOM UNITS TO

BE RESERVED FOR MODERATE-INCOME HOUSEHOLDS
LOCATED AT 1845 OAK ROAD
WHEREAS, the City Council of the City of Simi Valley (“City Council”) proposes to enter into the certain Affordable Housing Agreement (AHA-2022-0002), attached hereto as Exhibit A, with City Ventures Homebuilding, LLC (“Developer”) for the development of a 70-unit townhome complex inclusive of ten (10) one-bedroom units (“Project”), reserved for moderate-income households at a restricted sales price for a period of forty-five (45) years, attached hereto and incorporated herein by reference on a

3.61-acre site (“Site”) located at 1845 Oak Road, as described in AHA-2022-002; and WHEREAS, on September 20, 2022, the Developer has submitted an application for an Affordable Housing Agreement; and
WHEREAS, the Developer is invoking the State Density Bonus Law to receive seven waivers and one concession for the Planned Development Permit (PD-S2022-0012) in exchange for ten (10) affordable units for moderate-income households; and
WHEREAS, the City Council finds and determines that the City has duly considered all terms and conditions of the proposed Affordable Housing Agreement, and believes that the development of the Project on the Site pursuant thereto is in the best interests of the City of Simi Valley and the health, safety and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements.

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

SECTION 1. That the above recitals are true and correct and have served, together with the Affordable Housing Agreement (AHA-2022-0002) attached hereto as Exhibit A, and as described in the October 7, 2024 City Council staff report, and incorporated herein by reference, as the basis for the approvals set below.

SECTION 2. The City Council hereby finds and determines that the ten (10) affordable housing units to be provided by the Affordable Housing Agreement will remain available at affordable housing cost to moderate-income households for a period of fortyfive (45) years. 66 CityVenturesHomebuildingCCmtg10-7-24(klk)
SECTION 3. The City Council hereby approves the Affordable Housing Agreement for AHA-2022-0002 (Exhibit A), between the City of Simi Valley and City Ventures LLC (Oak Road North).

SECTION 4. The City Council and the officers of the City are hereby authorized and directed, jointly and severally, to do any and all things, to execute and deliver any and all documents which they may deem necessary or advisable in order to consummate the Affordable Housing Agreement (AHA-2022-0002) (Exhibit A) and to administer the transaction following their execution, and otherwise to effectuate the purposes of this Resolution, and such actions previously taken by such officers are hereby ratified and confirmed.

SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk.

PASSED and ADOPTED this 7th day of October, 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
67 RES. NO. 2024-39

EXHIBIT A

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Simi Valley
Attn. City Clerk
2929 Tapo Canyon Road
Simi Valley, CA 93063
[Space above for recorder's use.]
This document is recorded for the benefit
of the City of Simi Valley and therefore is
exempt from the payment of a recording
fee pursuant to Government Code
Sections 6103 and 27383.

APN: 637-0-140-430; 637-0-140-445;
637-0-140-730; 637-0-140-120
_____________________________________________________________________

AFFORDABLE HOUSING AGREEMENT BETWEEN

THE CITY OF SIMI VALLEY AND CITY VENTURES HOMEBUILDING, LLC
(OAK ROAD TOWNHOMES)
This Affordable Housing Agreement provides rights to the City of Simi Valley in regulating the sale and occupancy of ten (10) one-bedroom units for moderate-income households for a period of 45 years from the initial sale date of each Affordable Housing Unit. 68 RES. NO. 2024-39

AFFORDABLE HOUSING AGREEMENT

OAK ROAD TOWNHOMES

PREAMBLE
THIS AFFORDABLE HOUSING AGREEMENT is entered into between the City of Simi Valley, a municipal corporation and general law city (“CITY”) and City Ventures Homebuilding, a limited liability corporation (“DEVELOPER”). CITY and DEVELOPER may be referred to as “Party” and collectively referred to as the “Parties.” The Parties agree as follows:

ARTICLE I

RECITALS
CITY and DEVELOPER agree as follows:
1) DEVELOPER is the owner of the real property consisting of 3.61 acres located in the City of Simi Valley, California, located at 5928 Los Angeles Avenue and 1845 Oak Road, known as Ventura County Assessor’s Parcel Nos. 637-0-140-430; 637- 0-140-445; 637-0-140-730; 637-0-140-120, and more particularly described in Exhibit “A,” attached hereto and incorporated herein by this reference (the “Property”). 2) DEVELOPER intends to construct a seventy (70) unit residential townhome development (the “Project” or “Oak Road Townhomes”) on the Property, and in order to qualify for seven (7) waivers for the Project, ten (10) one-bedroom units are to be reserved for qualified Moderate-Income households at restricted prices, comprising approximately

14.3% of the total units in the Project.
3) CITY desires to provide stabilized community of owner-occupied units for Moderate-Income Households.
4) It is the Parties’ intent that this Agreement will place sales price restrictions on the AHUs and maximum income restrictions on potential transferees of the AHUs.

ARTICLE II

DEFINITIONS
SECTION 2.01. Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this Agreement. Words and phrases not given a meaning by this Agreement have the meaning set forth in applicable law including, without limitation, the Simi Valley Municipal Code (“SVMC”).:
1) "Adjustable Rate Mortgage" means a mortgage where the interest rate is not fixed, but changes during the life of the loan in line with movements in an index rate. 2) “Affordable Housing Unit (AHU)” means each of the ten one-bedroom units reserved for sale and occupancy by Eligible Buyers.
69 RES. NO. 2024-39

3) “Affordable Housing Cost” means a monthly obligation to pay mortgage payments (principal and interest), property taxes, property insurance, mortgage insurance, utilities, and homeowners’ association dues (if applicable) in an aggregate amount not exceeding the ratios established under California Health & Safety Code § 50052.5.
4) “Affordable Sales Price” means the maximum sales price for a Restricted Unit as determined by the City pursuant to Article VII and IX, below that will result in an Affordable Housing Cost for the homebuyer.
5) "Area Median Income (AMI)" means the median yearly income adjusted by household size in Ventura County, California as determined from time to time by: (1) The United States Department of Housing and Urban Development ("HUD"); or (2) The California Department of Housing and Community Development ("HCD"); or (3) CITY, in the event HUD or HCD does not publish this information for 18 months. 6) “Area Median Income Index (AMI)” means the annual percentage increase in the Area Median Income for Ventura County for a family of four persons. 7) “Base Price” means the Purchase Price paid for an AHU by an Eligible Buyer.
8) "Days" means calendar days.
9) "DEVELOPER" means all applicants, developers, permittees, and all owners of the Oak Road Townhomes and all successors and assigns thereto (but excluding any Owner).
10) “Eligible Buyer” means a buyer who meets the following qualifications: (a) is a Moderate-Income Household; (b) the combined gross income for all buyer's household members does not exceed the Moderate-Income Limit for Ventura County, as published by the U.S. Department of Housing and Urban Development, adjusted by household size; (c) can provide a minimum 10% of the Purchase Price as down payment toward the purchase of the AHU; and (d) was approved by the CITY Loan Review Committee to purchase the AHU.
11) "Exempt Unit" means each of the 60 market rate units in the Oak Road Townhomes not subject to the price restrictions of this Affordable Housing Agreement. 12) "Household Income" means the total gross income earned by Owner's adult household members that is anticipated to be received during the coming 12-month period in accordance with the provisions of 25 California Code of Regulations § 6914. 13) "Household Size" means the total number of people residing in the Affordable Housing Unit as their Principal Place of Residence or two persons, whichever is greater.
14) "Intent to Reside” means a statement in the Application for Eligibility stating that the potential transferee intends to occupy the AHU in compliance with the Owner occupancy requirement upon becoming the Owner of the AHU. 70 RES. NO. 2024-39

15) “Maximum Sales Price” shall be calculated pursuant to the Resale Restriction Agreement.
16) "Moderate-Income" means the Moderate-Income Limit figure adjusted by household size in Ventura County, California as determined from time to time by: (1) HUD; or (2) HCD; or (3) CITY, in the event HUD or HCD ceases publication or fails to publish such amounts for a period of eighteen months.
17) “Option to Purchase” means CITY’s right of first refusal to buy the AHUs. 18) "Owner" means any purchaser, beneficiary, devisee, grantee or holder of fee title of an AHU, regardless of how such title or interest was acquired. 19) "Principal Place of Residence" means the residence where the Owner resides at least ten months out of each calendar year.
20) “Project” or “Oak Road Townhomes” means the 70 condominiums to be developed on the 3.61-acre site, including approvals of; as well as the conditions of approval, construction and all related improvements located therein. 21) “Property” has the meaning set forth in Recital No. 1, above. 22) "Public Report" means the document issued by the California Department of Real Estate for the sales of subdivision units.
23) "Purchase Price" has the meaning set forth in Article VII. 24) “Resale Restriction Agreement” or “Restrictive Covenants” means the Affordable Housing Resale Restriction Agreement and Option to Purchase, attached hereto as Exhibit “B,” and incorporated herein by this reference, that each purchaser of a Affordable Housing Unit will be required to execute at the closing for the purchase of the Affordable Housing Unit.
25) "Transfer" means any voluntary or involuntary sale, assignment or transfer of ownership of or any interest in the Project including, without limitation, a fee simple interest, tenancy in common, joint tenancy, community property, tenancy by the entireties, life estate, or other limited estate, leasehold interest or any rental of the Project, or any interest evidenced by a land contract, a trustee's sale, judicial foreclosure sale, or deed in lieu of foreclosure.

ARTICLE III

DESIGNATION OF AFFORDABLE HOUSING UNITS
SECTION 3.01. Designation of Affordable Housing Units. CITY and DEVELOPER agree that: (a) the provisions which require each of the ten one-bedroom units to be reserved for and occupied by qualified Moderate-Income Households is the primary considerations provided by DEVELOPER to cause CITY to enter into this Agreement. The parties agree that any failure to sell the ten units to qualified ModerateIncome Households, or breach the Indemnification and Hold Harmless provisions, constitutes a material breach of this Agreement.
71 RES. NO. 2024-39

ARTICLE IV

CITY INCENTIVES
SECTION 4.01. Waivers. CITY agreed to provide seven waivers, which is:
1) To decrease the front yard setback required by SVMC Section 9-24.050 from 20 feet to 18.5 feet as set forth by Government Code 65915(e)(1). 2) To decrease the interior side yard setback required by SVMC Section 9-

24.050 from 15 feet to 10 feet as set forth by Government Code 65915 (e)(1). 3) To decrease the rear yard setback required by SVMC 9-24.050 from 20 feet to 10 feet as set forth by Government Code 65915 (e)(1). 4) To decrease the additional front yard setback for buildings over 15 feet required by SVMC Section 9-24.050 from 45 feet to 20 feet as set forth by Government Code 65915(e)(1).
5) To decrease the distance between principal structures over one story required by SVMC Section 9-30.080(B)(2) from 20 feet to 15 feet as set forth by Government Code 65915(e)(1).
6) To decrease the minimum clear width of a single car garage required by SVMC Section 9-34.080(D)(2) from 12 feet to 10 feet -10 inches as set forth by Government Code 65915(e)(1).
7) To decrease the enriched parkway standard required by General Plan Appendix M from 17.5 feet to 6.5 feet as set forth by Government Code 65915(e)(1).

ARTICLE V
TERM
SECTION 5.01. Term of Agreement. The term of this Agreement is for 45 years. This Agreement is binding upon and enforceable against the Owners of the AHUs for the benefit of and enforceable by City until 45 years from the date of the last Transfer of an AHU to an Owner. Notwithstanding the foregoing, this Agreement shall be effective until all of the AHUs have been constructed and sold by the Developer to either: (1) Eligible Buyers and the Resale Restriction Agreements have been recorded against each AHU consistent with Sections 6.04-6.10, and/or (2) to the City or as a Released Unit under Section 6.11. Upon satisfaction of these requirements, Developer shall have no further obligations under this Agreement and this Agreement shall terminate. This Agreement shall terminate as to each individual AHU as provided in Section 6.08 or 6.11. Further, upon creation of the AHUs and Exempt Units through recordation of a final map or condominium map or maps, (i) this Agreement shall terminate as to the Exempt Units and any common area created with that instrument, and (ii) the Exempt Units shall thereafter be, without further notice to, consent by or action of any party hereto, deemed to be free and clear of any burden or encumbrance created by or resulting from this Agreement and may be sold free and clear of any such burden or encumbrance. For avoidance of doubt, any units which do not constitute AHUs shall not be subject to any price restrictions and may be sold by DEVELOPER at market without notice to or the consent of CITY. Upon 72 RES. NO. 2024-39

request by Developer, City agrees to promptly provide documentation, in a form subject to City’s reasonable approval, terminating this Agreement as to the Exempt Units and any common area, however such documentation shall not be necessary to termination under the circumstances described in this provision.

ARTICLE VI

DEVELOPER PROMISES
SECTION 6.01. Development of Project. DEVELOPER agrees to promptly begin and diligently pursue to completion the development of the 70 condominium units as required by the conditions of approval for PD-S-2022-0012 and Tentative Map 6085.

DEVELOPER agrees to ensure that each initial Eligible Buyer executes a Resale Restriction Agreement subject to the terms of this Agreement, attached as Exhibit B, before the close of escrow.

SECTION 6.02. Failure to Develop Project in Timely Manner. If DEVELOPER fails to adhere to the timing of development outlined in this Agreement, CITY may, after notice to DEVELOPER and opportunity to cure not exceeding thirty (30) days, withhold zoning clearances for the Project until such delay has been cured.

SECTION 6.03. Approvals. DEVELOPER agrees to obtain all required approvals, permits, allocation grants, licenses, waivers or variances (collectively, the "Approvals") from all governmental agencies having jurisdiction over the Project.

DEVELOPER agrees to diligently pursue applications associated with the Project working in close conjunction with CITY. CITY retains complete discretion to review plans and applications submitted by DEVELOPER and to approve, disapprove, condition or make recommendations with regard to those plans in their discretion. Nothing contained in this Agreement is intended to restrict CITY in its planning and building permit process or in its authority to review applications in accordance with all federal, state, and local laws, nor is CITY’s failure to approve or grant a conditioned approval a breach of this Agreement nor is it a basis for any claim or cause of action against the CITY.

SECTION 6.04. DEVELOPER’S Affordable Sale Price. DEVELOPER agrees to sell each of the AHUs at a price not to exceed the Affordable Sales Price to ensure that the AHUs are affordable to Eligible Buyers.

SECTION 6.05. Compliance with Use and Occupancy Laws. DEVELOPER agrees that for each sale, the DEVELOPER must comply with all applicable State and local laws, statutes, ordinances, rules and regulations, as well as this Agreement, restricting the use and occupancy and sale of each AHU in the Project.

SECTION 6.06. Marketing and Sale of Affordable Units. DEVELOPER agrees to market and sell the ten AHUs, which are the subject of this Agreement only to Eligible Buyers.

SECTION 6.07. Resale Restriction Agreement. Upon the first sale by DEVELOPER of an AHU to an Eligible Buyer, the DEVELOPER must cause the buyer of the AHU to enter into a Resale Restriction Agreement, in the form attached hereto as Exhibit B where the Buyer agrees to abide by the restrictive covenants, resale provisions, owner occupancy requirement and option to purchase attached to each AHU. A Resale 73 RES. NO. 2024-39

Restriction Agreement, executed by each Eligible Buyer, shall be recorded with the Ventura County Recorder’s office prior to the recording the Grant Deed transferring title of each AHU to an Eligible Buyer. Notwithstanding anything to the contrary herein, in the event an executed Resale Restriction Agreement is not recorded prior to the recordation of the Grant Deed for an AHU, this Agreement shall remain in full force and effect as to such AHU for a period 45 years following the recording of the Grant Deed.

SECTION 6.08. No Conveyance Without Resale Restriction Agreement. No AHU may be conveyed without the Resale Restriction Agreement executed by an Eligible Buyer being recorded with the Ventura County Recorder’s office pursuant to this Agreement. DEVELOPER agrees that all Resale Restriction Agreements must clearly state that these restrictions run with the land and are enforceable by CITY or its designee against any buyer or seller for the term of the control. Upon: (i) the closing of the sale of an AHU by DEVELOPER to an Eligible Buyer in accordance with this Agreement, and (ii) the execution and recordation of the Resale Restriction Agreement by the Eligible Buyer as described in Section 6.07, this Agreement shall cease to be a burden on or encumbrance against that AHU. DEVELOPER shall have no further obligations or liabilities with respect to compliance with this Agreement or the Resale Restriction Agreement for such AHU, including but not limited to, monitoring the compliance with the Resale Restriction Agreement entered into by the Eligible Buyer.

SECTION 6.09. Preparation of Closing Documents. DEVELOPER agrees to provide all appropriate closing documents to the escrow for the sale of each AHU.

SECTION 6.10. Effect and Duration of Covenants. The Resale Restriction Agreement as to each AHU shall include affordability covenants consistent with those contained in this Agreement that shall run with the land and remain in effect for a period of not less than 45 years from the initial sale date of each Affordable Housing Unit.

SECTION 6.11. CITY’s Purchase Option. DEVELOPER agrees that CITY may purchase the AHUs at the Affordable Sales Price, or assign its rights, duties or obligations under the option to purchase the AHUs, to any Eligible Buyer under the terms of this Section 6.11, or in accordance with the Resale Restriction Agreement as applicable. If, for the initial sale of an AHU, an Eligible Buyer has not been identified by DEVELOPER for certification by CITY within 90 days after the AHU receives a certificate of occupancy, DEVELOPER shall provide CITY with written notice that an Eligible Buyer has not been identified for that AHU despite implementing the process outlined Article VIII; the notice shall include a description of additional plans to market the AHU subject to CITY’s reasonable review and approval. If DEVELOPER is still unable to identify an Eligible Buyer and open escrow within an additional 90 days following the implementation of the additional marketing plan approved by the CITY, and CITY does not wish to exercise its option to purchase the AHU, both Parties will work together in good faith to find an alternative means of compliance for that AHU that would facilitate the purpose and intent of this Agreement. The failure of CITY to exercise its right to purchase an AHU under this Section 6.11 in any one case, does not affect CITY's right to exercise its rights in other cases thereafter arising during the term of this Agreement.

SECTION 6.12. Subordination. DEVELOPER hereby represents, warrants and covenants that with the exception of easements of record, absent the written consent 74 RES. NO. 2024-39

of CITY which CITY may grant or withhold in the exercise of its sole and absolute discretion, this Agreement shall not be subordinated in priority to any lien (other than those pertaining to taxes or assessments), encumbrance, or other interest in the Property or the Project. If at the time this Agreement is recorded, any interest, lien, or encumbrance has been recorded against the Project in position superior to this Agreement, upon the written request of CITY, DEVELOPER hereby covenants and agrees to, using a commercially reasonable means, promptly undertake all action necessary to clear such matter from title or to subordinate such interest to this Agreement consistent with the intent of and in accordance with this Section 6.12, and to provide such evidence thereof as CITY may reasonably request.

SECTION 6.13. Policies to Ensure Qualified Household Status of Community.

DEVELOPER agrees that in formulating the homeowner’s association (HOA), it will ensure that the covenants, conditions, and restrictions (CCRs) for the community include a disclosure that the community will have residences that are subject to affordable housing restrictions, including income restrictions for Moderate Income Households. The DEVELOPER will not include provisions in the CCRs that discriminate against Moderate Income Households..

ARTICLE VII

DETERMINATION OF PURCHASE PRICE
SECTION 7.01. Purchase Price. Affordable Sales Price, initial and subsequent, will be calculated in conformance with, this Article VII, Section 9.01 and the Resale Restriction Agreement, as applicable. The Affordable Sales Prices for an AHU will be calculated at the commencement of the marketing period for that AHU as described in Article VIII. The Affordable Sales Price for an AHU will be recalculated at (1) the annual publication of new Area Median Income levels by Department of Housing and Community Development, and (2) at six-month intervals if there has been an intervening change in interest rate as most recently published in the Federal Reserve Bank, or (3) if the Eligible Buyer is approved for a Federal Housing Administration (“FHA”) loan, then to use the applicable FHA rate at that time.

SECTION 7.02. Maximum Loan Amount must be calculated based on the following assumptions:

1. Ten percent (10%) down payment.

2. The average six-month fixed interest rate for a thirty-year mortgage, as most recently published in the Federal Reserve Bank.

3. A loan to income ratio not to exceed 35%.

4. A utility allowance factor of $50 for a one or two-bedroom unit, a $60 utility allowance for a three-bedroom unit; or utility allowance as published by HUD at the time of the sale.

5. A homeowners’ insurance rate factor of 0.25% of the sales price, if homeowners’ insurance coverage is required by the primary lender. 75 RES. NO. 2024-39

6. The monthly homeowner’s association (HOA) fee.

7. Property tax payments calculated at a rate of 1.2% of the Purchase Price, or the rate established by the County of Ventura Assessor at the time of the sale.

8. The Maximum Monthly Loan Payment as calculated in Section 7.03.

SECTION 7.03. Maximum Housing Cost Ratio must be calculated using the following formula:

Maximum Monthly = 35% of 1/12th of 110% of Area Median Income* - Monthly amount of: Property Tax Payment, Principal and Interest,Utility Allowance, Homeowners’ Ins., and HOA fee. For households making between 110% and 120% of Area Median Income,* the Maximum Monthly shall be 35% of 1/12th of the gross income of the household.
*Adjusted according to unit size within the meaning provided in Health and Safety Code § 50052.5(h), i.e. two persons for one-bedroom units.

SECTION 7.04. Other Assumptions. The Maximum Housing Cost Ratio, as determined by this Agreement, must be used to establish the Maximum Loan Amount by utilizing a financial calculator, which will also include the following assumptions: a 360- month loan term and the interest rate as determined by this Agreement.

ARTICLE VIII

PROJECT MARKETING
SECTION 8.01. Presentment of Outreach Program. DEVELOPER agrees that, at least 90 days before the anticipated date for the offer for sale of the first AHU, it will present to CITY for review and approval, a targeted Outreach and Affordable/Affirmative Marketing Program (the “Outreach Program”) which is designed to build awareness of the availability of the AHUs, to encourage participation in sales by local qualified buyers living or working in the local area and to ensure a fair and effective buyer selection process. At the commencement of the Outreach Program, DEVELOPER must market the AHUs exclusively within the City of Simi Valley for a period of 60 consecutive calendar days, or upon the receipt of 50 applications, whichever occurs first.

DEVELOPER and CITY agree that the Outreach Program must include, without limitation, to:

A marketing brochure and sales staff training manual for AHU sales staff describing pertinent data about the Project, the AHUs, sales price, method of buyer selection, required financial qualifications of buyers, use restrictions, and details regarding available financing and typical costs;
1) A list of lending institutions offering low-interest rate financing under available State or Federal programs known to DEVELOPER and CITY; 2) A print media and local cable broadcast schedule, the latter being optional at the discretion of the Environmental Services Director; 76 RES. NO. 2024-39

3) A display of the fair housing logo in sales brochures and in advertisements; 4) Advertising in both English and Spanish-speaking media, if locally available; 5) A display of fair housing information at the sales office; 6) Advertisements indicating the availability of any handicapped accessible AHU;
7) A marketing program designed to attract prospective buyers of all majority and minority groups in the housing market area regardless of race, creed, color, religion, sex, national, origin, marital status, status with regard to receipt of public assistance, disability or familial status (the “Affirmative Marketing Program”). The Affirmative Marketing Program should assure that any persons normally not likely to apply for the purchase of the AHUs without special outreach efforts, know about the housing, feel welcome to apply and have the opportunity to buy an AHU. 8) A disclosure notice, in large type, prominently displayed regarding the Resale Restrictions of the AHUs.
9) Any other measure that CITY and DEVELOPER agree to be necessary and reasonable.

SECTION 8.02. Sales Staff Training Manual. DEVELOPER must prepare a training manual for its sales staff and ensure that its staff is informed about the restrictions and regulations associated with the sale and resale of the AHUs, and the appropriate representations and disclosures to be made to each potential buyer. DEVELOPER agrees to include in the training manual procedures for the acceptance of applications and referral of qualified applicants to lenders. DEVELOPER must provide CITY with a written copy of the training manual in conjunction with the Outreach Program at least 90 days before marketing the AHUs.

SECTION 8.03. First Time Homebuyer Seminar. DEVELOPER must provide to, and require that Eligible Buyers, who are purchasing their first home, attend a seminar/workshop designed to provide information about purchasing a home, and the responsibilities associated with becoming a homeowner.

SECTION 8.04. Screening, Deposits and Waiting Lists. DEVELOPER agrees to date and time stamp, screen and pre-qualify all applications for any AHU in the order received, and to make these applications available to CITY upon request. CITY agrees to review the applications received to provide a preliminary determination of applicant’s eligibility and forward a response to DEVELOPER within five business days.

DEVELOPER agrees to accept a deposit not to exceed 3% of the Base Price for the number of units available from the applicants selected above, provided, however, that any such applicant who, for any reason, fails to ultimately qualify as an Eligible Buyer will receive a full refund of any amounts deposited toward the purchase of an AHU except for their share of administrative costs associated with processing the Application (not to exceed $500.00) and escrow termination charges, if any. DEVELOPER agrees that all applicants who qualify in accordance with the criteria set forth hereinabove will be placed on a waiting list. DEVELOPER must forward the waiting list to CITY on a monthly basis 77 RES. NO. 2024-39

from the time it is created until the last AHU is sold.

SECTION 8.05. Prioritization and Selection of Potential Home Buyers.

DEVELOPER agrees to begin advertising the AHUs at least four months before the projected date of completion of construction of the AHUs, and to begin accepting applications for the AHUs at the same time. All AHU applications will be date and time stamped in the order received. AHU applications will be accepted up to 60 days after the commencement of advertising, or upon receipt of 50 applications, whichever comes first.

DEVELOPER agrees that the AHU applications will be prioritized as follows:

First Priority: Applicants who live or work in Simi Valley; Second Priority: All other applicants.

SECTION 8.06. Extension of Marketing Period. If the first 60 days of marketing, or the first 50 applications, whichever occurs first, do not produce a sufficient pool of qualified applicants, the DEVELOPER agrees to extend the marketing period as necessary without consideration to priorities. DEVELOPER also agrees to continue the marketing process in the event that the list of pre-qualified applicants is exhausted before the sale of both AHUs.

SECTION 8.07. Failure to Implement an Outreach Program. If DEVELOPER fails to submit for approval and implement an Outreach and Affordable/Affirmative Marketing Program, CITY may implement a marketing program, at DEVELOPER’s expense, for the purpose of soliciting Eligible Buyers for the AHUs.

ARTICLE IX

ELIGIBILITY STANDARDS AND HOMEBUYER SELECTION
SECTION 9.01. To determine if an applicant is a prospective Eligible Buyer, all applicants are required to submit an application to the DEVELOPER and to CITY in accordance with the procedures established by the DEVELOPER and by the CITY, respectively. An applicant must disclose in the application that they meet the following qualifications to purchase an AHU:
1) Eligible Buyers. The AHUs are available exclusively to Moderate-Income homebuyers. An Eligible Buyer must be a Moderate-Income household. 2) Household Maximum Income. Applicant’s gross household income must not exceed the Moderate-Income Limit for Ventura County adjusted by household size, as established annually by HUD. A household’s maximum income is determined in accordance with Title 25 California Code of Regulations § 6914, and will take into account the current income of all adult applicant’s household members as well as their projected income for the subsequent twelve-month period, including income from assets not to be used for the down payment, with the exception of homebuyers receiving financial assistance from the HOME Program.
3) Buyer’s Down Payment. Buyers must provide a minimum of ten percent of the Purchase Price as down payment toward the purchase of the AHU. 4) Buyer’s Maximum Housing Expense. The housing expense of a potential 78 RES. NO. 2024-39

home buyer cannot exceed the ratios established under Health & Safety Code § 50052.5 for Moderate-Income homebuyers. Calculation of an applicant’s monthly income is based on income information submitted with the application. Such information, however, must be subsequently verified by DEVELOPER and CITY based on review of the applicant’s primary loan application and supporting documentation. Housing expense must include principal and interest, property taxes and insurance, and homeowner association dues, and a reasonable utility allowance.

SECTION 9.02. Pre-qualification of Applicants. DEVELOPER agrees to evaluate all applications submitted by potential homebuyers and pre-qualify each applicant with respect to Program and loan eligibility in accordance with the provisions listed above. After DEVELOPER’s pre-qualification, but before opening escrow on any AHU, prospective Eligible Buyers must be referred to CITY for review of preliminary eligibility determination, in accordance with this Agreement.

SECTION 9.03. Owner-Occupancy. DEVELOPER agrees to offer and sell the AHU only to Eligible Buyers who certify that the AHU unit will be owner-occupied as their principal place of residence, and used for residential purposes only, throughout the term of the Restrictive Covenants, which shall provide as follows:

The Owners must occupy the AHU(s) as his/her/their Principal Place of Residence.

During the time the AHU is vacant while being actively offered for Transfer by the Owner(s), this Owner-occupancy requirement does not apply. The Owner(s), however, must not lease or rent the AHU during such period. The AHU must not be leased or rented, in whole or in part. The Owners must not lease or rent out bedrooms or other parts of the AHU, even if the Owner(s) continues to occupy the AHU. If CITY becomes the Owner of a AHU, CITY or its designee must not rent or lease the AHU sooner than ten years after the date of the issuance of a certificate of occupancy for the Unit.

SECTION 9.04. Modifying Owner-Occupancy Requirement. The Restrictive Covenants may provide that an Owner may request and CITY may approve modifications to the Owner occupancy requirement if the Owner demonstrates to the satisfaction of CITY the need for modifications due to long-term illness or injury requiring medical attention to or of the Owner or a member of the Owner’s immediate family, the Owner’s temporary employment relocation or loss of employment, sabbatical by the Owner, or other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the Owner as determined by City, which will result in an economic hardship to the Owner (i.e. the retention of the AHU would result in a substantial and irrevocable loss of the Owner’s investment in the AHU).

A request from the Owner must be submitted to CITY in writing stating the reason(s) for the request. The Owner must submit to CITY any and all information and/or documentation requested by CITY demonstrating the stated reasons for the need of modifications to the Owner occupancy requirement. CITY reserves the right to collect a reasonable fee to cover the CITY’s costs of verifying information and other necessary actions to process the request. CITY must either approve or deny the request in writing within 30 days of receiving the request. Modifications to the Owner occupancy requirement must not be made, if the need for the modifications can be relieved by either liquidation of the Owner’s assets, to the extent the liquidation of such assets would not 79 RES. NO. 2024-39

cause severe economic hardship, or reimbursement or compensation by insurance or otherwise.

Each year on or before October 15th, or on such other date as specified by CITY in writing, the Owners must submit an annual certification, signed by the Owner under penalty of perjury, which includes the Owner’s statement that the Owner has occupied the AHU or complied with any CITY-approved modifications to the Owner occupancy requirement and complied with all provisions of this Agreement, and/or includes the Owner’s explanation of any financing, occupancy or other violation of any provision of this Agreement.

ARTICLE X

PROJECT SALES
SECTION 10.01. Qualification of Buyers. DEVELOPER agrees to obtain and be responsible for properly determining the qualifications and eligibility of each initial buyer to purchase the AHU in accordance with the terms of this Agreement and the Restrictive Covenants. DEVELOPER agrees upon completion of the qualification, but before entering into a Purchase Contract, to refer such qualified buyers to CITY for final certification of income eligibility to purchase an AHU. DEVELOPER agrees that escrow for the purchase of an AHU must not be opened until CITY has provided written approval of buyer's eligibility under this Agreement. DEVELOPER agrees that proof of eligibility as a Moderate-Income Household must be verified through review of buyer's driver's license or other document identifying buyer's age eligibility, income tax returns, pay stubs, a credit report, a final typed and signed loan application (if available), and an executed buyer income certification form. DEVELOPER must request each buyer's authorization to release the signed loan application to the CITY. Determination of allowable income must be established in accordance with the provisions of Title 25, California Code of Regulations, Section 6914. DEVELOPER may rely in good faith on CITY’s verification of Eligible Buyers for an AHU; DEVELOPER shall not incur liability, under this Agreement or otherwise, as a result of fraud, mistake, or misrepresentation (intentional or unintentional) by the applicant or CITY in determining that an applicant is a Moderate Income Household and/or an Eligible Buyer.

SECTION 10.02. Escrow Instructions. DEVELOPER must ensure that the Escrow Instructions for each AHU include the following:
1) A statement that Buyer's purchase of this AHU is contingent upon CITY’s prior written approval of each buyer's qualification as an Eligible Buyer. 2) Buyer must execute an acknowledgement that they must occupy the AHU at all times as their Principal Place of Residence.
3) Buyer must execute the Restrictive Covenants, substantially in the form presented as Exhibit B, hereto, and an escrow officer must record the document against each AHU at close of escrow and prior to the recordation of the Grant Deed. 4) Escrow must record a Request for Notice of Default on behalf of CITY to notify CITY of a pending default on any loan secured by the AHUs. 80 RES. NO. 2024-39

5) Buyer must execute authorizations (i) to allow CITY to obtain and review Buyer’s credit report, and (ii) to allow CITY to verify the status of Buyer’s primary mortgage.

SECTION 10.03. Submittal of Purchase Contract. DEVELOPER agrees to submit each purchase contract for an AHU to the CITY for review a minimum of 30 days before the close of escrow.

SECTION 10.04. AHU Buyer Application Review by CITY. DEVELOPER must refer each prospective Eligible Buyer to CITY for a review with such buyer of the terms of the Restrictive Covenants.

SECTION 10.05. AHU Buyer Mortgage Financing. DEVELOPER must make reasonable efforts to identify a package of financial enhancements to each AHU buyer which will give them an option to obtain below market interest rate financing.

DEVELOPER agrees that Eligible Buyers must secure only fixed rate mortgage financing to purchase an AHU. DEVELOPER agrees that no mortgage offered will have the potential to result in negative amortization financing.

SECTION 10.06. Use of Pre-Approved Documents for AHU Buyers.

DEVELOPER agrees to inform each Eligible Buyer at the time of AHU purchase that all future transfers of any AHU can be accomplished only with documents prepared or approved by CITY, as noted in the Restrictive Covenants.

ARTICLE XI

DISCLOSURE OF AHU DOCUMENTS
SECTION 11.01. Review of Agreements and Disclosures. DEVELOPER agrees to disclose and review the provisions of the Restrictive Covenants with each potential buyer and their legal counsel, if requested. DEVELOPER agrees to make each sale of an AHU a condition precedent to each buyer's review, understanding of the Restrictive Covenants, and execution of the Buyer Agreement.

SECTION 11.02. Copies Provided. DEVELOPER agrees to provide each potential buyer with a copy of this Agreement, the Restrictive Covenants, and the Buyer Agreement, at the DEVELOPER’s expense, and agrees to require that each Buyer sign a statement in typeface of not less than twelve point type acknowledging that they have received, read and understood the documents before receipt of a deposit for the purchase of an AHU. DEVELOPER agrees that copies of the receipt statement, and age and income verification documents must be provided to CITY at least five working days before the opening of escrow.

ARTICLE XII

FEATURES OF AFFORDABLE HOUSING UNITS
SECTION 12.01. Warranties and Representations. Any and all warranties or representations, express or implied, made as to the condition of the Exempt Units must be warranted with each AHU.

SECTION 12.02. Dispersal of AHUs. The AHUs are to be distributed throughout 81 RES. NO. 2024-39

the Project without any apparent differentiation as to location or appearance with the exception that each of the AHUs will be a one-bedroom unit. Dispersal of the AHUs must be carefully planned as to not unduly concentrate the AHUs in any one area or within any one structure and the AHUs must be distributed in a proportionate manner to the market rate units on the project site. At the time of filing of an application for a Planned Development Permit for the construction of the 70 townhomes, DEVELOPER must also present a site plan identifying the location of each of the ten AHUs.

SECTION 12.03. Standard Quality Interior/Exterior Appointments.

DEVELOPER agrees to provide the same interior and exterior appointments for the AHU as are to be provided within the Exempt Units.

ARTICLE XIII

NON-DISCRIMINATION
SECTION 13.01. DEVELOPER covenants and agrees, by and for itself, its executors, administrators and assigns and all persons claiming under or through DEVELOPER that there must be no discrimination against, or segregation of any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, physical disability, mental condition, national origin or ancestry in the sale, transfer, use, occupancy, tenure or enjoyment of the Project, or any part thereof.

ARTICLE XIV

REPORTING AND AUDIT REQUIREMENTS
SECTION 14.01. Status Reports. From the time of certification of the building pads by CITY until the last AHU has closed escrow, DEVELOPER agrees to provide, in such details as may reasonably be required by CITY, a Unit Summary Report at least once every month, which must completely describe the actual progress of construction and the marketing and sale of the AHUs. The Report must identify the status of each AHU using the format attached as Exhibit D to this Agreement, incorporated herein by reference. DEVELOPER agrees to permit the sales office records to be inspected by CITY to verify compliance with the terms of this Agreement.

SECTION 14.02. Notification of Public Report. DEVELOPER agrees that within 15 days after receipt of the issuance of the final Department of Real Estate Public Report regarding the Oak Road Townhomes, and of any subsequent Public Report, it will notify and provide CITY with a copy of that Report.

SECTION 14.03. DEVELOPER must notify CITY at least 30 days in advance of the date on which the first AHU will become available for sale.

SECTION 14.04. Audit. DEVELOPER must permit CITY, with reasonable notice and during normal business hours, to inspect the Project to verify DEVELOPER’s compliance with this Agreement. DEVELOPER must make available to CITY, during business hours, such records as the CITY may reasonably request to verify such compliance. Should DEVELOPER fail to submit timely reports as required by this Agreement, CITY may, at DEVELOPER’s expense, audit the DEVELOPER, in addition to any other available legal remedies. DEVELOPER must cooperate with any audit and agrees to make available to CITY all documents relative to the sale of the AHUs to verify 82 RES. NO. 2024-39

compliance with the terms of this Agreement.

ARTICLE XV

MISCELLANEOUS
SECTION 15.01. Notice Requirement Upon Default. If either party defaults or breaches any of the terms or conditions of this Agreement, such party has 30 days after service upon it of written notice of such default or breach in which to cure such default or breach, or commence to cure such default or breach if it cannot be cured within such 30 day period, by rendering a performance satisfactory to the other party unless such a delay would be futile. DEVELOPER and CITY may mutually and reasonably agree to an extension of this time, provided that such Agreement is in writing.

SECTION 15.02. CITY’s Remedies. In the event of default or breach of any of the terms or conditions of this Agreement by DEVELOPER , which is not cured within a reasonable time after written demand therefore by the CITY to DEVELOPER CITY may pursue the remedy thereof by any and all means of enforcement, both in equity and at law, as provided by the laws of the State of California, including, but not limited to, injunctive relief and/or specific performance. In addition to, and not to the exclusion of, those remedies set forth above; in the event of such uncured default or breach by DEVELOPER, after giving notice and the opportunity to cure as set forth above, CITY shall have the right (a) to purchase any or all of the ten AHUs (so long as not previously sold to an Owner in accordance herewith), the amount to be paid to DEVELOPER by CITY for each such AHU to be the Affordable Purchase Price and (b) to institute an action in eminent domain to acquire those AHUs at such Affordable Purchase Price, with this Agreement then constituting a stipulation on the part of DEVELOPER that the Affordable Purchase Price is the fair market value of each such AHU to be acquired in the action in eminent domain.

SECTION 15.03. Indemnification and Hold Harmless.
1) DEVELOPER will hold CITY harmless and free from any and all liability arising out of this Agreement, or its performance, except for such loss or damage arising from CITY’s sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim be against it, by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, pursuant to this Agreement, DEVELOPER will defend CITY (at CITY’s request and with counsel satisfactory to CITY) and will indemnify it for any judgment rendered against it or any sums paid out in settlement or otherwise.
2) For purposes of this section “CITY” includes CITY’s officers, officials, employees, agents, representatives, and volunteers.
3) DEVELOPER expressly agrees that this release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect. 4) It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.
83 RES. NO. 2024-39

5) The requirements as to the types and limits of insurance coverage to be maintained by DEVELOPER and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by DEVELOPER pursuant to this Agreement, including but not limited to the provisions concerning indemnification.

SECTION 15.04. Not for Benefit of Third Parties. This Agreement does not create any enforceable right, cause of action, or claim in any third party. DEVELOPER, CITY or their successors in interest are the sole parties who have standing to enforce the terms or obligations or to bring suit for damages arising out of a breach of this Agreement.

SECTION 15.05. Violation of Conditions of Approval. Any material violation of the conditions of any of the Project Approvals to provide affordable housing constitutes a violation of this Agreement and is enforceable as a breach hereof, as well as any other remedies.

SECTION 15.06. 14.06 Enforcement. If DEVELOPER defaults in the performance or observation of any covenant or obligation of the DEVELOPER set forth in this Agreement, and if such default remains uncured for a period of 60 days after written notice was given by CITY to the DEVELOPER, then CITY may declare an "Event of Default" and, in its sole discretion, may take any one or more of the following steps:
1) By mandamus or other suit, action or proceeding at law or in equity, require DEVELOPER to perform its obligations and covenants under the Agreement or enjoin any acts or things which may be unlawful or in violation of the rights of CITY under the Agreement;
2) Have access to and inspect, examine and make copies of all of the books and records of DEVELOPER pertaining to the Project;
3) Take such other action at law or in equity as may appear necessary or desirable to enforce the obligations, covenants and Agreements of DEVELOPER.

SECTION 15.07. Assignment of Agreement. This Agreement is binding upon DEVELOPER its executors, administrators and assigns. DEVELOPER cannot assign or transfer any of its rights or obligations under this Agreement without the prior written consent of CITY and any purported assignment made without its consent is null and void for all purposes; provided, however, that CITY's consent cannot be unreasonably withheld.

SECTION 15.08. Recordation. DEVELOPER agrees to record this Agreement in the official records of Ventura County promptly following its execution by all Parties, and as a condition precedent to the recordation of the Map. This Agreement shall remain effective and fully binding regardless of any sale, assignment, transfer, or conveyance of the Property or the Project or any part thereof or interest therein, and shall remain in effect until terminated pursuant to Section 5.01.

SECTION 15.09. Covenants Run with the Land. Except as provided in Section

5.01, all of the provisions, Agreements, rights, powers, standards, terms, covenants and obligations contained in this Agreement are binding upon the parties and their respective 84 RES. NO. 2024-39

heirs, successors (by merger, consolidation, reorganization or otherwise), and assigns, devisees, administrators, representatives, lessees, and all other persons acquiring the Project, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever, and must inure to the benefit of the parties and their respective heirs, successors and assigns. All of the provisions of this Agreement constitute covenants running with the land.

SECTION 15.10. Notices. Written notice, demands and communications between CITY and DEVELOPER are deemed sufficient if dispatched by registered or certified mail, postage prepaid, return receipt requested to the principal offices of CITY and DEVELOPER, the addresses of which are hereinafter set forth. Such written notices, demands and communications may be sent in the manner prescribed to each other's addresses as either party may, from time to time, designate by mail, or the same may be delivered in person to representatives of either party upon such premises. The addresses are as follows:
1) If to CITY:

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

2) If to DEVELOPER:

City Ventures Homebuilding, LLC
Attn: Phil Kerr
3121 Michelson Drive, Suite 150
Irvine, CA 92612

Notices are deemed given as of the date of personal service or three consecutive calendar days after deposit of the same in the custody of the United States Postal Service.

SECTION 15.11. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party or the failure by the party to exercise its rights hereunder or upon a default by the other party herein do not constitute a waiver of such party's right to demand strict compliance from such other party in the future.

SECTION 15.12. Severability. If any one or more of the provisions contained in this Agreement are for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions are deemed severable from the remaining provisions contained in this Agreement, and this Agreement must be construed as if such invalid, illegal or unenforceable provision(s) had never been contained herein.

SECTION 15.13. Caption and Pronouns. The captions and headings of the various Sections of this Agreement are for convenience only, and are not be construed as confining or limiting in any way the scope or intent of the provisions hereof. Whenever the context requires or permits, the singular includes the plural, the plural includes the 85 RES. NO. 2024-39

singular, and masculine, feminine and neuter are freely interchangeable.

SECTION 15.14. Modification of Agreement. This Agreement may be modified or amended by mutual consent of all of the parties, provided that all amendments are in writing and recorded with the County of Ventura, Recorder’s Office.

SECTION 15.15. Expenses. DEVELOPER must pay CITY immediately upon demand all reasonable costs and expenses incurred by CITY in connection with the enforcement or satisfaction by CITY of any of DEVELOPER's obligations under this Agreement.

SECTION 15.16. Further Assurances. DEVELOPER must execute, acknowledge and deliver any other instruments and perform any other acts necessary, desirable or proper to carry out the purposes of this Agreement.

SECTION 15.17. Time. Time is of the essence of each term of this Agreement.

SECTION 15.18. Governing Law. This Agreement is governed by, and constructed in accordance with the laws of the State of California. DEVELOPER and all persons and entities in any manner obligated to CITY under this Agreement consent to the venue in Ventura County and also consent to service of process by any means authorized by California law.

SECTION 15.19. Mortgagee Protections. Notwithstanding anything to the contrary set forth elsewhere herein, (a) DEVELOPER may obtain financing for the development and construction of the Project, which financing may be secured by a lien or charge of a mortgage, deed of trust, or other security interest then of record made in good faith and for value (a “Mortgage”) without the CITY’s consent; provided that, upon the CITY’s request therefore, DEVELOPER shall deliver to the CITY a copy of the Mortgage, (b) upon the written request therefore by any holder of a Mortgage (a “Mortgagee”), the CITY shall provide such Mortgagee copies of any notice of default or demand to perform provided to DEVELOPER under this Agreement substantially concurrently with its delivery to DEVELOPER and agrees that such Mortgagee shall have the same rights as DEVELOPER (but without any obligation to do so) to cure any such default; provided that Mortgagee shall have such additional time as reasonably necessary to effect such cure so long as it is diligently pursuing such cure, including by the exercise of its rights and remedies under the Mortgage, (c) any exercise of any rights and remedies of the CITY hereunder shall not defeat, limit or render invalid any Mortgage recorded against the Project or any portion thereof; provided that, the CITY shall have the right to purchase or otherwise acquire the AHUs in accordance with Section 15.02 notwithstanding, (d) in the event a Mortgage exists for which CITY has received notice from the Mortgagee pursuant to this Section, this Agreement shall not be amended, supplemented, restated or otherwise modified in any manner without the prior written but reasonable consent of such Mortgagee, (e) the CITY further agrees to execute and deliver to Mortgagee such further and other documents as Mortgagee may reasonably require to effect the purpose and intent of this Section and (f) the CITY shall have the right, with concurrent notice to DEVELOPER but without any requirement for the consent of DEVELOPER, to request from any Mortgagee the current status of its Mortgage, including the amount of the Mortgage, the maturity date (including any extension options) of such Mortgage and whether such Mortgage is current or in default. 86 RES. NO. 2024-39

SECTION 15.20. Conflicts of Interest. No member, official or employee of the CITY may have any personal interest, direct or indirect, in this Agreement, nor may any such member, official or employee participate in any decision relating to this Agreement which affects his or her personal interest or interests of any corporation, partnership or association in which he or she is directly or indirectly interested. The DEVELOPER warrants that it has not paid or given, and will not pay or give, any third party any money or other consideration for obtaining this Agreement.

SECTION 15.21. Non-liability of CITY Officials and Employees. No member, elected official, officer or employee of the CITY can be personally liable to the DEVELOPER in the event of any default or breach by the CITY or for any amount which may become due to the DEVELOPER or on any obligations under the terms of this Agreement.

SECTION 15.22. Sole and Only Agreement. This Agreement and all attachments hereto contains the sole and entire Agreement and understanding of the parties with respect to the subject matter hereof. No representations, oral or otherwise, express or implied, other than those contained herein, have been made by the parties.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year set forth above.

Attest: City of Simi Valley, A Municipal
Corporation
By:

Lucy Blanco, City Clerk Fred Thomas, Mayor of the
City of Simi Valley, California
Approved as to Form: City Ventures Homebuilding, a Limited Liability Corporation
By: By:

Algeria R. Ford, City Attorney Phil Kerr, Chief Executive Officer Approved as to Content:

Samantha C. Argabrite, City Manager

Stratis Perros
Environmental Services Director
87 RES. NO. 2024-39

EXHIBIT A

LEGAL DESCRIPTION

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SIMI

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

PARCEL A:

PARCEL 3, IN THE CITY OF SIMI VALLEY, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGE 50 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

PARCEL A1:

APN: 637-0-140-430 AND APN: 637-0-140-445
PARCEL B:

THAT PORTION OF LOT L, IN THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 2 NORTH, RANGE 17 WEST, RANCHO SIMI, IN THE CITY OF SIMI

VALLEY, COUNTY OF VENTURA, STATE OF CALIFORNIA, ACCORDING TO THE MAP RECORDED IN BOOK 5, PAGE 24 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

COMMENCING AT A POINT ON THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER OF SECTION 8, BEING ALSO THE CENTERLINE OF LOS ANGELES AVENUE, 60 FEET WIDE, DISTANT ALONG SAID NORTHERLY LINE WEST 658 FEET

FROM THE NORTHEASTERLY CORNER OF SAID SOUTHEAST QUARTER OF SECTION 8, AT THE NORTHWESTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO WILLIAM F. JESKE AND WIFE, RECORDED JANUARY 24, 1944 IN BOOK 684, PAGE 444, OF OFFICIAL RECORDS; THENCE ALONG THE WESTERLY LINE OF SAID LAST MENTIONED LAND SOUTH 330 FEET TO THE

SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO EINAR BENHARD ARNESEN AND WIFE, RECORDED MAY 1, 1952 IN BOOK 1064, PAGE 7, OF OFFICIAL RECORDS; AND BEING THE TRUE POINT OF BEGINNING; THENCE

ALONG THE SOUTHERLY LINE OF SAID LAST MENTIONED LAND,
88 RES. NO. 2024-39

1ST: NORTH 89° 58' EAST 328 FEET TO THE SOUTHEASTERLY CORNER OF SAID LAST MENTIONED LAND; THENCE IN A DIRECT LINE,
2ND: SOUTH 125 FEET TO THE NORTHEASTERLY CORNER OF THE LAND DESCRIBED IN PARCEL 1 IN THE DEED TO ROBERT B. ELLIS AND WIFE, RECORDED DECEMBER 31, 1952 IN BOOK 1107, PAGE 304, OF OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 1, 3RD: SOUTH 89° 58' WEST 328 FEET TO THE WESTERLY LINE OF SAID LAND OF WILLIAM F. JESKE; THENCE ALONG SAID WESTERLY LINE,
4TH: NORTH 125 FEET TO THE TRUE POINT OF BEGINNING.

PARCEL B1:

A NON-EXCLUSIVE EASEMENT FOR ROAD PURPOSES, OVER THAT PORTION OF LOT 1, IN THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 2 NORTH, RANGE 17 WEST RANCHO SIMI, IN THE CITY OF SIMI VALLEY, ACCORDING TO THE MAP RECORDED IN BOOK 5, PAGE 24 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

A STRIP OF LAND 50 FEET IN WIDTH LYING WESTERLY OF AND ADJOINING THE FOLLOWING DESCRIBED LINE:

ALONG THE WESTERLY LINE AND PROLONGATION THEREOF,
1ST: SOUTH 330 FEET.

EXCEPT THAT PORTION THEREOF LYING WITHIN SAID LOS ANGELES AVENUE.

APN: 637-0-140-120
PARCEL C:

THOSE PORTIONS OF PARCEL 2, IN THE CITY OF SIMI VALLEY, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGE 50

OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID

COUNTY, AS SHOWN AND DESCRIBED AS PARCEL B ON LOT LINE ADJUSTMENT LA 04-08, RECORDED MARCH 1, 2005, AS DOCUMENT NO. 20050301-0050920, OF OFFICIAL RECORDS.

APN: 637-0-140-730
***END OF LEGAL DESCRIPTION***
89 RES. NO. 2024-39

EXHIBIT B

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Simi Valley
Department of Environmental Services
2929 Tapo Canyon Road
Simi Valley, CA 93063
[Space above for recorder's use.]
The undersigned declares that this
document is recorded for the benefit of
the City of Simi Valley and therefore is
exempt from the payment of a recording
fee pursuant to Government Code
Section 6103 and 27383.

APN: _______________________
____________________________________________________________

CITY OF SIMI VALLEY RESTRICTIVE COVENANTS

OCCUPANCY, REFINANCING, AND RESALE RESTRICTION AGREEMENT

WITH OPTION TO PURCHASE
Owner:

Address of Home:

Affordable Housing Cost:

Median Income on Agreement Date:

This Occupancy, Refinancing, and Resale Restriction Agreement with Option to Purchase (the "Restrictive Covenants") is entered into as of this ___ day of ____________________, 20__, by and between the City of Simi Valley (the "City") and ______________________________ (the "Owner").

90 RES. NO. 2024-39

These Restrictive Covenants grant the City rights to regulate the sale and transfer of the subject property for 45 years from the date of the first sale of the Affordable Housing Unit, including an option to purchase the property.

The Property, which is the subject of these Restrictive Covenants (the "Property"), is identified in "Exhibit A" attached hereto. The Property is an Affordable Housing Unit (“AHU”) and is subject to the terms and conditions set forth herein.

ARTICLE I
(a) CITY developed an affordable housing program to provide housing opportunities to Moderate-Income buyers of homes to be offered for sale at prices which are maintained at a level below those prevailing in the market. (b) The intent of CITY is to preserve and provide for the affordability of these or other homes for persons of Moderate-Income for at least 45 years from the initial sale of this AHU.
(c) In order to further its plan to assist in the development of affordable housing for Moderate-Income households, CITY and OWNER have agreed to these Restrictive Covenants to be a covenant and equitable servitude running with the land with respect to the Property.
(d) The purpose of these Restrictive Covenants is to: (i) establish resale and occupancy restrictions with respect to the Property in order to ensure the continued affordability of the units; and (ii) reserve for CITY an option to purchase the Property or designate Eligible Buyers, as hereafter defined, to acquire the Property when OWNER wishes to sell the Property in order to provide for the continued availability of the Property to Moderate-Income households.

RESALE RESTRICTION AGREEMENT

ARTICLE II

1. DEFINITIONS. The following defined terms have the meanings indicated in this Article. Exhibits to this Agreement are hereby incorporated by reference. All recordings required by this Agreement must be in the official records where deeds are recorded in the County of Ventura.
(a) “Affordable Housing Unit” or “AHU” mean the units described in Exhibit A, which constitute ten one-bedroom units within the 70-unit subdivision that are reserved for purchase exclusively by eligible Moderate-Income Households. (b) "Appraiser" means an appraiser who is a member of the American Institute of Real Estate Appraiser or a member of the Society of Real Estate Appraisers (or if these professional organizations cease to exist, the nearest equivalent successor designations).
91 RES. NO. 2024-39

(c) "Area Median Income (AMI)" means the median yearly income adjusted by household size in Ventura County, California as determined from time to time by: (1) The United States Department of Housing and Urban Development ("HUD"); or (2) The California Department of Housing and Community Development ("HCD"); or (3) The CITY in the event HUD or HCD ceases publication or fails to publish such amounts for a period of eighteen months.
(d) "Base Price" means the Purchase Price paid for the AHU by an Eligible Buyer.
(e) "Capital Improvements" means substantial structural or permanent fixed capital improvements made since Owner’s acquisition of the Property which cannot be removed without substantial damage to the Property, or substantial or total loss of value of the improvements. Such improvements must: (i) be made and installed by or under the direction of the OWNER; (ii) be made with all required approvals, including, but not limited to, homeowner association and governmental approvals. The value of these improvements is the amount by which these improvements enhance the market value of the Property at the time of sale or valuation.
(f) "Cost of Improvements" means the aggregate actual cost of an improvement totaling a maximum of $64,833 effective in calendar year 2024 and adjusted and rounded up annually with the January CPI for the Los Angeles-Long Beach-Anaheim for all items. Capital improvements will be depreciated at a rate of seven percent (7%) per year beginning in the calendar year following the date of completion of the improvement.
(g) "Default" means:
(i) A breach of any of the terms or conditions of this Agreement, including the transfer or sale of the Property to a nonmoderate-income household; (ii) Failure of the OWNER to make a full and timely payment of all amounts due in connection with the Property, including, but not limited to, real estate taxes, mortgage payments,
assessments, homeowners’ association fees, liens, bonds, payments on any Note or Deed of Trust and insurance on the Property; or
(iii) An assignment for the benefit of creditors.
(h) “Eligible Buyer” or “Buyer” means a buyer who meets the following qualifications: (a) is a Moderate-Income Household; (b) the combined gross income for all buyer's household members does not exceed the Moderate-Income Limit for Ventura County, as published by the U.S. Department of Housing and Urban Development, adjusted by household size; (c) can provide a minimum 10% of the Purchase Price as down payment toward the purchase of the AHU; and (d) has been approved by the CITY Loan Review Committee to purchase the AHU.
(i) "Fair Market Value" means the highest price that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity or obligation 92 RES. NO. 2024-39

for so doing, and a buyer, being ready, willing and able to buy but under no particular or urgent necessity or obligation for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the Property is reasonably adaptable and available. (j) "Gross Household Income" means the total income earned by all adult members of the household who will live in the AHU as their Principal Place of Residence, which must be determined in accordance with the provisions of Title 25, California Code of Regulations, Paragraph 6914.
(k) "Household Size" means the total number of people residing in the Property as their Principal Place of Residence, or two persons, whichever is greater. (l) "Index" means the Area Median Income Limit for Ventura County for a family of four persons, as determined from time to time by: (1) The United States Department of Housing and Urban Development ("HUD"); or (2) The California Department of Housing and Community Development ("HCD"); or (3) The CITY in the event HUD or HCD ceases publication or fails to publish such amounts for a period of eighteen months.
(m) “Loan Review Committee” means the committee established by the CITY for the purpose of reviewing, evaluating and approving applications by proposed AHU buyers.
(n) "Moderate-Income" means the Moderate Income Limit for Ventura County, adjusted by household size, published by HUD or HCD. (o) "OWNER" means the person or all persons holding legal title to the Property, and their successors to that title.
(p) "Principal Place of Residence" means the residence where the OWNER resides for at least ten months out of each calendar year. (q) "Property" means the real property described in Exhibit A, including all improvements and appurtenances, and designated herein as an AHU.

(r) "Purchase Option" means the option to purchase granted by the OWNER to the CITY by these Restrictive Covenants.
(s) "Purchase Price" means the purchase price paid by the OWNER. (t) "Resale Fee" means the sum payable to the CITY, upon the transfer to an Eligible Transferee, from the proceeds of escrow for the administration of this Agreement equal to 0.375% of the Property's Base Price. (u) "Resale Price" means the price of an AHU as calculated in accordance with Paragraph 13, and adjusted per Paragraph 6, if applicable, of this Agreement when the unit is purchased by an Eligible Buyer. (v) "Restricted Resale Period" means the period of 45 years from the 93 RES. NO. 2024-39

date of the first purchase of the AHU.
(w) “Resale Restrictions" means the restrictions in this Resale Restriction Agreement and Option to Purchase that regulate the sale and transfer of the Property, require it be owner occupied, and provide an option to purchase the Property for a period of 45 years from the initial sale of the AHU. (x) "Transfer" means any voluntary or involuntary sale, assignment or transfer of ownership of the Property for of any interest in the Property, including, but not limited to, a fee simple interest, a joint tenancy interest, a life estate, a leasehold interest, or an interest evidenced by a land contract by which possession of the Property is transferred but title is retained by the transferor, but "transfer" does not mean transfer by law, or as a gift, devise or inheritance to an existing spouse only, or to a surviving joint tenant, or a spouse as part of a dissolution proceeding or in connection with marriage.

2. Description of Property. The Property is identified and described in "Exhibit A" attached. The Property is hereby designated as an Affordable Housing Unit (“AHU”) and is subject to the terms and conditions set forth herein.

3. Transfer of the Property. Any buyer of the Property from OWNER, and any subsequent buyer from such buyer or successors ("Buyer"), must certify their acknowledgement of these Restrictive Covenants and all the provisions and restrictions contained herein by executing and recording a copy of these Restrictive Covenants against the Property. In executing a copy of these Restrictive Covenants, OWNER and successive Buyers must certify that they intend to occupy the Property as their principal place of residence and must at all times during ownership occupy the Property as their principal place of residence. The CITY may, in its sole discretion, grant a temporary waiver of this occupancy requirement for good cause, including but not limited to facilitate a sale of the Property to an Eligible Buyer, illness, temporary job relocation, or sabbatical.

OWNER must provide a written request to the CITY for a temporary waiver of the owner occupancy requirement at least 30 days before such temporary rental or lease of the Property. Buyer's failure to comply with the provisions of this paragraph may, at CITY's election, be deemed a prohibited transfer of the Property, which thereby begins a sixty day period for the CITY to exercise its option to purchase the property as described below.

4. Restrictions on Transfer. The Property may only be transferred to an Eligible Buyer. Any transfer to any person or entity that is not an Eligible Buyer is null and void.

Any transfer of the Property is subject to the provisions of these Restrictive Covenants.

All potential transferees and Owners must obtain written approval from CITY of the terms of all financing secured by the AHU. Within 10 days of the completion of the Transfer, the new Owner must deliver to CITY a certified copy of the recorded deed of the AHU.

Notwithstanding anything to the contrary contained herein, a transfer or disposition of the Property that qualifies as an exempt transfer or disposition under the Garn-St. Germain Act, 12 U.S.C. § 1701j-3 and its implementing regulations, 12 C.F.R. §§ 191.1-191.6 (2018), shall not be subject to the restriction on transfer described hereinabove nor shall such a transfer or disposition constitute a default under these Restrictive Covenants. In the event of such transfer or disposition, the City shall not have the option to purchase to purchase the Property pursuant to Paragraphs 8 and 14.
94 RES. NO. 2024-39

5. Notice of Transfer. In the event the Property is proposed to be transferred or vacated by the OWNER, and subject to the CITY's option to designate an Eligible Buyer, as described in Paragraph 8 herein, to acquire the Property, the OWNER must promptly notify the CITY of its intent to do so, but not less than 30 days before offering the Property for sale or transfer (the "OWNER's Notice of Intent to Sell"). The OWNER must send such notice by Certified or Registered Mail Return Receipt Requested, to the Environmental Services Director, City of Simi Valley, 2929 Tapo Canyon Road, Simi Valley, California 93063. Following receipt of such notice, the CITY may notify any prospective Eligible Buyer that the Property is available for sale.

6. Maintenance, Insurance, and Inspection of Property. The OWNER must maintain the Property in good condition and repair throughout their period of ownership.

In addition, upon CITY's receipt of notice of the OWNER's Notice of Intent to Sell, pursuant to Paragraph 5 above, the CITY has the right to enter and inspect the Property, with sufficient notice as required by law, to determine whether any violations of applicable building, plumbing, electric, fire, housing or other applicable codes exist and whether the Property has been maintained in good condition. The CITY must notify the OWNER with about any noted code violations and maintenance deficiencies (collectively, the "Deficiencies"), and the OWNER must cure the Deficiencies in a reasonable manner acceptable to the CITY within 60 days of being notified in writing of the results of the inspections, but in no event later than close of escrow. If the OWNER fail to cure all the Deficiencies before the scheduled date of close of escrow, the City or its designated Eligible Buyer may permit escrow to be closed, title passed and money paid to the OWNER subject to the reduction in resale price specified in Paragraph 13. OWNER agrees to reasonably cooperate with any homeowner’s association rules or covenants, conditions, and restrictions regarding maintaining the status of the housing community as designated for Moderate-Income Households. OWNER shall maintain commercially reasonable homeowner’s insurance policies, which shall include special hazard insurance and flood insurance if the Property is located in a State or FEMA designated hazard zone or flood zone. OWNER shall ensure that CITY is an additional insured under such policies. Lender required insurance policies may be used to satisfy the insurance requirement hereunder.

7. Intent to Reside. OWNER intends to occupy the AHU in compliance with the Owner occupancy requirement upon becoming the OWNER of the AHU.

8. CITY Option to Purchase. OWNER hereby grants to CITY, an option to purchase the Property (the “Purchase Option”) pursuant to the terms of these Restrictive Covenants.

9. CITY's Option to Designate Eligible Buyer. CITY may assign the Purchase Option to an Eligible Buyer on the terms and in the manner set forth hereunder in the event the Buyer wishes to transfer or vacate the Property. Within 30 days after receipt by the CITY of the OWNER's Notice of Intent to Sell, as identified in Paragraph 5 above, the CITY has the right to inspect the Property as described in Paragraph 6 above, and notify the OWNER whether or not the CITY intends to exercise its option to designate an Eligible Buyer for the Property or purchase the Property without designating an Eligible Buyer.

The notification to the OWNER regarding the option exercise must be sent by Certified or Registered Mail, Return Receipt Requested. If the CITY exercises this option, it must 95 RES. NO. 2024-39

open an escrow to purchase the Property within 60 days following its notification to the OWNER, and it must purchase the Property or cause it to be purchased by its designated Eligible Buyer within the next 90 days following the date the CITY decides to execute its option to purchase. Notwithstanding these provisions, the OWNER has the right to withdraw the OWNER’s Notice of Intent to Sell, and to terminate the escrow, within 10 days following the CITY's receipt of the OWNER's Notice of Intent to Sell.

10. Termination of Option to Purchase. The CITY’s Option to Purchase the Property terminates and become void automatically after 45 years from the date the Property was first sold as an AHU.

11. Transfer to Eligible Buyer. In the event the CITY does not exercise its option to purchase the Property, or designate an Eligible Buyer to purchase the property, the OWNER must transfer the Property to an Eligible Buyer at a price not to exceed the Maximum Resale Price.

12. Determination of Maximum Resale Price. OWNER agrees to transfer the Property at a price not to exceed the Maximum Resale Price of the Property which must be calculated by CITY in the following manner:

The Base Price plus:
(a) an amount calculated by multiplying the percentage increase in the Index from the date of purchase of the Property by the OWNER to the most recent Index as of the date of receipt by the CITY of the OWNER's Notice of Intent to Sell, multiplied by the Base Price;
(b) the allowable Cost of Improvements;
(c) a reasonable allowance for the OWNER's closing costs in connection with the Transfer equal to two percent (2%) of the Base Price at the time of sale by OWNER;
(d) the CITY Resale Fee in the amount of 0.375% of the Property’s base price.

The Maximum Resale Price determined through the use of the method described above must be adjusted by decreasing the price by an amount to compensate for costs to correct deferred maintenance.

13. Defaults and Remedies. Upon a violation of any of the provisions of these Restrictive Covenants, the CITY must give written notice to the OWNER by Certified Mail, Return Receipt Requested, specifying the nature of the violation. If the violation is not corrected to the satisfaction of the CITY within a reasonable period of time, 30 days or less after the date of the notice is mailed, or within the time frame CITY determines is necessary to correct the violation, the CITY may declare a default under these Restrictive Covenants. Upon the declaration of a default, the CITY may apply to a court of competent jurisdiction for specific performance of the obligations of these Restrictive Covenants for an injunction prohibiting a proposed transfer in violation of these Restrictive Covenants, 96 RES. NO. 2024-39

for a declaration that a transfer in violation of the provisions of these Restrictive Covenants is void, or for any such other relief at law or in equity as may be appropriate.

In the event of default by the OWNER, and/or by the OWNER's transferee in those circumstances where a transfer has occurred in violation of these Restrictive Covenants, the OWNER and/or any Eligible Buyer must hold the CITY, and the then owner and their respective elected officials, officers, employees or other agents harmless, indemnify and reimburse the expenses, legal fees and costs for any action the CITY takes in enforcing the provisions of these Restrictive Covenants.

OWNERS must be held liable for the accuracy of all information and documentation provided in and/or in connection with the Application for Eligibility and any audits. If it is determined that false or misleading information was supplied to City, the Transfer of the AHU must be wholly null and void and City may pursue any or all remedies available to it as set forth in this Agreement.

14. CITY's Option to Purchase Upon Default. In addition to the remedies provided the CITY in Paragraph 13 above, the CITY has the option to purchase the Property effective upon the declaration of a default. The CITY's option to purchase may be exercised upon a default under these Restrictive Covenants recorded against the Property. The CITY has 60 days after a default is declared to notify the OWNER of its decision to exercise its option to purchase.

15. Default and Foreclosure. CITY must record on its behalf a Request for Notice of Default with respect to the Resale Restriction Agreement any notice of sale under any deed of trust or mortgage with power of sale encumbering the Property.

OWNER agrees that any Notice of Default given pursuant to Civil Code Section 2924b, as amended, constitutes an OWNER Notice of Intent to Sell under Paragraph 5 of this Agreement, and the CITY or its assignee may exercise its Purchase Option pursuant to the provisions of this Agreement; provided however, that, notwithstanding any language contained in this Agreement to the contrary, with regard to the rights of the lien holder, the CITY or its assignee must complete such purchase no later than the end of the period established by California Civil Code Section 2924c for reinstatement of a monetary default under the deed of trust or mortgage.

In the event of default and foreclosure, the CITY or its assignee have the same rights as OWNER to cure defaults and redeem the Property before a foreclosure sale. Such redemption must be subject to the same fees, charges and penalties that would otherwise be assessed against the OWNER. Nothing herein must be construed as creating any obligation on the part of the CITY to cure any such default, nor does this right to cure and redeem operate to extend any time limitations in the default provisions of the underlying deed of trust or mortgage.

In the event that no Request for Notice of Default is recorded, the CITY’s Purchase Option runs from the date the Notice of Default is given to the OWNER, and any such purchase must be completed within the period established in this Paragraph. In the event the CITY elects not to exercise its option to purchase upon default, and a foreclosure sale is consummated, any surplus proceeds to which the OWNER may be entitled following foreclosure under California state law must be paid as follows: After any required payment of encumbrances, that portion of surplus, if any, up to but not exceeding 97 RES. NO. 2024-39

the net amount that the OWNER would have received after any required payment of encumbrances under the formula set forth above had the CITY or its assignee exercised its right to purchase the Property on the date of the foreclosure sale, must be paid to the OWNER on the date of the foreclosure sale; the balance of surplus, if any, must be paid to CITY.

In the event of a Default, the CITY may pursue the remedy thereof by any and all means of enforcement, both in equity and at law, as provided by the laws of the State of California, including, but not limited to, injunctive relief and specific performance.

In addition to, and not to the exclusion of, those remedies set forth above, in the event of such Default or breach by the OWNER, the CITY has the right to purchase the Property.

The amount to be paid by the CITY for the Property is determined pursuant to Paragraph

12. In addition, the CITY may institute an action in eminent domain to acquire the Property, or portion thereof, and this Agreement then constitutes a stipulation on the part of OWNER that the price for the Property must be determined in accordance with Paragraph 12.

The Owners hereby covenant to record in the office of the County Recorder of Ventura County a request for any copy of any notice of default and any notice of sale under any deed of trust or mortgage with power of sale encumbering the AHU pursuant to Section 2924b of the Civil Code of the State of California. The request must specify that any notice must be mailed to CITY.

16. Distribution of Insurance and Condemnation Proceeds. In the event that the Property and/or improvements on the Property are condemned or destroyed and insurance proceeds are distributed to OWNER instead of being used to rebuild the Property, any surplus of proceeds distributed after payment of encumbrances of the Property, including the primary lender deed of trust and the DEVELOPER Deeds of Trust, must be distributed as follows:

The portion of the surplus up to but not to exceed the net amount that OWNER would have received under the provisions set forth in Paragraph 12, had the CITY exercised its Purchase Option on the date of the destruction, condemnation valuation date, or liquidation, must be distributed to the OWNER, and the balance of such surplus, if any, must be distributed to the CITY.

17. No Windfall Profits. OWNER and CITY agree that upon the first sale or transfer of the Property following the expiration of these Restrictive Covenants, permitting the Property to be sold at market value, or any Ineligible Transfer of the Property contrary to the provisions of this Agreement, the proceeds of any such sale or Transfer in excess of the greater of the amount for which the Property was purchased by the OWNER, or the amount for which the Property would be sold to an Eligible Buyer in accordance with Paragraph 12, are to be paid to CITY to be used for the provision of affordable housing.

Such excess profits must be paid by the escrow company to CITY before or concurrent with the payment of any proceeds to the OWNER.

The parties recognize that to permit the total proceeds to be paid to and kept by the OWNER would result in a “windfall” to that person who was permitted to purchase the Property at a restricted, affordable price and who should have had no reasonable expectation of realizing an extraordinary return on their investment by virtue of reselling the Property free from the controls placed upon it by this Agreement. 98 RES. NO. 2024-39

18. Nonliability of the CITY. In no event will the CITY become in any way liable or obligated to the OWNER or to any successor-in-interest of the OWNER by reason of these Restrictive Covenants, or the CITY's option to purchase as provided herein, nor is the CITY in any way obligated or liable to the OWNER or any successor-in-interest of the OWNER for CITY's failure to exercise such option to purchase.

19. Binding on Successor and Assigns. These Restrictive Covenants bind, and the benefit hereof inure to, the Owner, the OWNER, Eligible Buyer, and to their respective heirs, legal representative executors, successors in interest and assigns, and to the CITY and their successors.

20. Restrictive Covenants Run With the Land. These Restrictive Covenants run with the specific unit of the Project, and may only be modified by action of the City Council of the City of Simi Valley.

21. Term of Restrictions. The restrictions contained herein continue in full force and effect for a period of 45 years after the date of recordation of these Restrictive Covenants.

22. Covenant to Keep Property Drug Free. A material inducement to CITY's willingness to certify Buyer as an Eligible Buyer under the affordable housing program is OWNER’s representation to CITY that OWNER must maintain a drug free environment on the Property. Therefore, OWNER covenants to CITY that OWNER and all persons residing on the Property will not unlawfully manufacture, distribute, dispense, possess or use controlled substances, as the term is defined in 21 United States Code Paragraph 812 and California Health and Safety Code Paragraph 11007, including marijuana, heroin, cocaine, and amphetamines, on the Property. If OWNER or any person residing on the Property is convicted, pleads guilty or nolo contendere to a charge of unlawfully manufacturing, distributing, dispensing, possessing or using controlled substances on the Property, then such event is a breach of these Restrictive Covenants, which entitles CITY to exercise its right of first refusal to purchase the Property as set forth in Paragraphs 8 and 14 above, within 60 days after CITY's notice of the breach at a purchase price determined pursuant to Paragraph 12 above.

23. Agreement to Disclose These Restrictive Covenants and Record Same As Part of Subsequent Sale/Conveyance. OWNER must disclose these Restrictive Covenants to a future Buyer or Eligible Buyer, and have a duplicate of these Restrictive Covenants executed by a future Buyer or Eligible Buyer of the Property and recorded pursuant to any subsequent sale, transfer or conveyance of the Property.

24. Compliance Verification and Loan Status. OWNER agrees to cooperate with the CITY to verify compliance with the terms and conditions of these Restrictive Covenants. OWNER shall, upon CITY’s written request, provide to CITY within five (5) business days of such request, such documentation as CITY may reasonably request for the purpose of such compliance verification. The Owners must permit CITY or a CITYapproved agency to contact the Owner’s lender(s) to obtain current loan status at any time without further written authorization from the Owner. 99 RES. NO. 2024-39

25. Sole Agreement. The OWNER agrees that they have not and will not execute any other Agreement with provisions contradictory to or in opposition to the provisions hereof, and that in any event, OWNER understands and agrees that this Agreement must control the rights and obligations between and among the parties.

26. Invalid Provisions. If any one or more of the provisions contained in these Restrictive Covenants are held to be invalid, illegal or unenforceable in any respect then such provision or provisions must be deemed severable from the remaining provisions contained in these Restrictive Covenants, and these Restrictive Covenants are construed as if such invalid, illegal or unenforceable provision had never been contained herein.

27. Controlling Law. The terms of these Restrictive Covenants must be interpreted under the laws of the State of California.

28. Enforcement. City hereby reserves the right to enforce this Covenant by pursuing any and all remedies provided by law or in equity. City’s remedies must include, by way of example and not limitation, the right to specific performance of this Covenant, the right to a mandatory injunction requiring the sale of a Restricted Unit in conformance with this Covenant, the disgorgement of profits received from any Transfer conducted in violation of this Covenant, and damages and injunctive relieve for breach of this Covenant. All of the remedies available to City must be cumulative, and City’s election to pursue any remedy must not preclude City from then or later pursuing any one or more other remedies. In the event City resorts to litigation with respect to any default or violation under this Covenant and City prevails, City must be entitled to recover its damages and costs, including reasonable attorneys’ fees and expert witness fees. If City does not prevail in such litigation, the prevailing party must be entitled to recover its damages and costs, including reasonable attorneys’ fees and expert witness fees. The Party in default hereunder must be responsible for the costs of any Court-ordered sale of a Restricted Unit required to enforce the provisions of this Covenant. Notwithstanding the foregoing, in no event must a violation of the restrictions on conveyance of a Restricted Unit as set forth in this Covenant be grounds for voiding a conveyance of the Owner’s interest in the Restricted Unit, terminating the Owner’s interest in the Restricted Unit, or subjecting the Owner to liability other than requiring repayment (at a reasonable rate of interest) of assistance provided to make the Restricted Unit affordable as low or moderate income housing.

29. Attorneys' Fees. If any action is brought to enforce the terms of this Agreement, the prevailing party is entitled to reasonable attorney's fees and cost.

30. Time of the Essence. Time is of the essence of this entire Agreement.

Whenever under the terms of this Agreement the time for performance falls on a day which is not a Business Day, such time for performance must be on the next day that is a Business Day.

31. Notices. All notices required herein must be in writing and are deemed sufficient if dispatched by registered or certified mail, postage prepaid, return receipt requested, addressed to the parties as follows:
100 RES. NO. 2024-39

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

If to OWNER: ________________________
________________________
________________________
The address of a party for notices may be changed by that party's designation to all other parties of the new address and the recording of the designation, including the recording reference of this Agreement and its legal description, Exhibit A.

32. Subordination. Notwithstanding the above, CITY must not subordinate this Resale Restriction Agreement or any of its terms unless authorized by the CITY COUNCIL.

33. Interpretation of Restrictive Covenants. The terms of these Restrictive Covenants must be interpreted to encourage to the extent possible that the Purchase Price, Resale Price, and mortgage payments for the Property remain affordable to Moderate-Income households.

IN WITNESS THEREOF, the parties have executed this Agreement.

CITY
City of Simi Valley
By: ______________________________________
Samantha C. Argabrite, City Manager / Date
OWNER

By:______________________________________

101 RES. NO. 2024-39

EXHIBIT C
[Space above for recorder's use.]
The undersigned declares that this
document is recorded for the benefit of the
City of Simi Valley and therefore is exempt
from the payment of a recording fee
pursuant to Government Code Section 6103
and 27383.

APN:
____________________________________________________________

NOTICE OF AFFORDABILITY RESTRICTIONS

ON TRANSFER OF PROPERTY
( , Simi Valley, California 9306 )
NOTICE IS HEREBY GIVEN, that the City of Simi Valley (City), to carry out certain obligations under the Community Redevelopment Law of the State of California (Health and Safety Code Section 33000 et seq.), has required (the "Owner") to enter into certain affordability covenants and restrictions entitled, Restrictive Covenants Occupancy, Refinancing, And Resale Restriction Agreement With Option To Purchase (the "Restrictive Covenants"), with reference to an affordable housing unit (the "Property") located at , Simi Valley, Ventura County, California, Assessor's Parcel No. , and further described in Exhibit A incorporated herein by reference.

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Simi Valley
Department of Environmental Services
2929 Tapo Canyon Road
Simi Valley, CA 93063
102 RES. NO. 2024-39

In the event of any conflict between this Notice of Affordability Restrictions on Transfer of Property (the “Notice”) and the Restrictive Covenants, the terms of the Restrictive Covenants shall prevail.

The Restrictive Covenants shall remain in effect for fifty-five (45) years from the date the City’s Restrictive Covenants recorded with the Office of the Ventura County Recorder or until .

This Notice is being recorded and filed by the Agency in compliance with Health and Safety Code Sections 33334.3(f)(3) and (4) and/or Section 33413(c)(5), as amended effective this date, and shall be indexed against the Agency and the Owner.

ANY ATTEMPT TO TRANSFER TITLE OR ANY INTEREST IN THE PROPERTY

DURING THE TERM OF THE RESTRICTIVE COVENANTS SHALL BE VOIDABLE AT THE ELECTION OF THE CITY/AGENCY.
[Signature Page Follows]
IN WITNESS WHEREOF, the parties have executed this Notice of Affordability Restrictions on Transfer of Property on or as of the day of 202 .

City of Simi Valley
_________________________________
Stratis Perros, Director
Department of Environmental Services
Buyer
________________________________
103 RES. NO. 2024-39

EXHIBIT D

UNIT SUMMARY REPORT
Oak Road Townhomes
Number of Condominium Units 70
Number of Affordable Unit Purchase Contracts Executed
Number of Affordable Units in Escrow
Number of Affordable Units Sold (Closed Escrow)
For units under construction, list anticipated completion date for each unit:

For units in escrow, list status of each escrow:

Marketing strategies currently being used for outreach program:

Print Ads Brochures Signs Cable Ads Flyers
Public Presentations Other
Attach examples, descriptions and/or copies of various marketing strategies.

To the best of my abilities I acknowledge that the foregoing is true and correct.

Signature of Authorized Representative
104 RES. NO. 2024-39

CITY OF SIMI VALLEY
Home of The Ronald Reagan Presidential Library
REVIEW PERIOD: July 29, 2024 - August 19, 2024
TO:

FROM:

SUBJECT:

All Interested Parties
Department of Environmental Services

REQUEST FOR REVIEW OF THE INITIAL STUDY AND

MITIGATED NEGATIVE DECLARATION FOR GENERAL PLAN
AMENDMENT (GPA-2022-0001 ), ZONE CHANGE (Z-S-2022-
0003), PLANNED DEVELOPMENT PERMIT (PD-S-2022-0012),
VESTING TENTATIVE TRACT MAP (VTT-2022-0003), AND
AFFORDABLE HOUSING AGREEMENT (AHA-2022-0002), TO
CONSTRUCT A NEW 70-UNIT MUL Tl-FAMILY RESIDENTIAL
BUILDING ON A 3.61-ACRE LOT LOCATED AT 1845 OAK ROAD.

The attached Mitigated Negative Declaration and Initial Study have been forwarded to you for possible comments relating to your specific area of interest. Comments must be directed to:

Elizabeth Richardson, Senior Planner
City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, California 93063
(805) 583-6334
[email protected]
Fred D. Thomas, Mayor Rocky Rhodes, Mayor Pro Tern Mike Judge, Council Member Dee Dee Cavanaugh, Council Member Elaine P. Litster, Council Member P 37/7-24(mg) 2929 Tapo Canyon Road, Simi Valley, CA 93063-2199 805.583.6700 www.simivalley.org

ATTACHMENT A
105
2 P 37/7-24(mg)
Copies sent to:

City Council
City Manager
City Attorney’s Office
Planning Commission
City Departments:

City Manager’s Office
City Clerk
Environmental Services
Deputy ES Director/City Planner
Principal Planner/Zoning Administrator
Case Planner Elizabeth Richardson
Neighborhood Council Coordinator
Neighborhood Council #2
Recording Secretary
Counter Copy
Public Works Department
Engineering
Utilities
Maintenance
Simi Valley Library (2)
County of Ventura
Resource Mgmt. Agency
Watershed Protection District
Fire Protection District
LAFCO
Other Government Agencies
State Clearinghouse
(https://ceqanet.opr.ca.gov)

California Department of Fish and Wildlife
U.S. Army Corps of Engineers
U.S. Fish and Wildlife Service
Calleguas Municipal Water District
Ventura County Air Pollution Control District
City of Moorpark
City of Thousand Oaks
Rancho Simi Recreation and Park District
Santa Monica Mountains Conservancy
Simi Valley Unified School District
Native American Heritage Commissions
Fernandeno Tataviam Band of Mission Indians

Applicant:

City Ventures
Attn: Eric Miller
3121 Michelson Drive, Suite 150
Irvine, CA 92612
106
3 P 37/7-24(mg)

CITY OF SIMI VALLEY

MITIGATED NEGATIVE DECLARATION
(NO SIGNIFICANT IMPACT ON THE ENVIRONMENT)
REVIEW PERIOD: July 29, 2024 – August 19, 2024
APPLICANT: City Ventures
Attn: Eric Miller
3121 Michelson Drive, Suite 150
Irvine, CA 92612
CASE PLANNER: Elizabeth Richardson, Senior Planner

ENVIRONMENTAL
PLANNER: Greg Martin, Rincon Consultants
Yasaman Samsamshariat, Rincon Consultants
PROJECT NO.: (GPA-2022-0001/Z-S-2022-0003/PD-S-2022-0012/TT2022-0003/AHA-2022-0002) PROJECT DESCRIPTION: THE PROPOSED PROJECT REQUESTS A GENERAL

PLAN AMENDMENT, ZONE CHANGE, PLANNED

DEVELOPMENT PERMIT, AND VESTING TENTATIVE

MAP TO CHANGE THE GENERAL PLAN LAND USE

DESIGNATION FROM GENERAL COMMERCIAL AND

MEDIUM DENSITY RESIDENTIAL TO HIGH DENSITY

RESIDENTIAL, ZONE CHANGE FROM COMMERCIAL

PLANNED DEVELOPMENT (CPD) AND RESIDENTIAL

MEDIUM DENSITY (RM) TO RESIDENTIAL HIGH
DENSITY (RH) FOR THE DEVELOPMENT OF 70 MULTIFAMILY RESIDENTIAL CONDOMINIUM UNITS ON A

3.61-ACRE SITE, INCLUDING 10 ONE-BEDROOM ONEBATH UNITS (PLAN 1), TWO THREE-BEDROOM THREE-BATH UNITS (PLAN 2), 28 THREE-BEDROOM
TWO-BATH UNITS (PLAN 3), AND 30 FOUR-BEDROOM
THREE AND A HALF-BATH UNITS (PLAN 4). THE

PROJECT SITE IS CURRENTLY DEVELOPED WITH
VACANT SCHOOL BUILDINGS AND VACANT LAND.

PROJECT LOCATION: 1845 Oak Road Residential Development, Simi Valley, CA 93065
Following an Initial Study for the proposed project, the City determined that the proposed project would not have a potential for a significant effect on the environment. This document constitutes a Mitigated Negative Declaration based upon the inclusion of the following measures into the proposed project by the applicant:
107
4 P 37/7-24(mg)
BIO-1:

To avoid disturbance of nesting and special status birds, including raptor species protected by the Migratory Bird Treaty Act (MBTA) and Fish and Game Code (FGC), project activities including, without limitation, vegetation removal, ground disturbance, construction, and demolition must occur outside of the bird breeding season (February 1 through August 30). If construction must begin during the breeding season, then a biologist familiar with the identification of avian species known to occur in Southern California and retained by the permittee, must conduct a preconstruction nesting bird survey not more than 14 days before the initiation of ground disturbance and vegetation removal activities. The nesting bird pre-construction survey must be conducted on foot inside the project site boundary, including a 300-foot buffer (500-foot for raptors), and in inaccessible areas (e.g. private lands) from afar using binoculars to the extent practical.

If nests are found, an avoidance buffer (dependent upon the species, the proposed work activity, and existing disturbances associated with land uses outside of the site, and in consultation with the Public Works Director, or designee) must be demarcated by the biologist with bright orange construction fencing, flagging, construction lathe, or other means to mark the boundary. If a raptor nest is observed in a tree proposed for removal, the Applicant must consult with the California Department of Fish and Wildlife (CDFW).

All construction personnel must be notified of the existence of the buffer zone and instructed to avoid entering the buffer zone during the nesting season. No ground disturbing activities may occur within this buffer until the permittee’s biologist has confirmed that breeding/nesting is complete, and the young have fledged the nest.

CR-1 Archeological Monitoring
Archaeological monitoring of all initial project-related ground disturbing activities by an approved archaeologist retained by the permittee must be performed under the guidance and direction of a Project Archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards for archaeology (National Park Service, Secretary of the Interior’s Historic Preservations Professional Qualification Standards, https://www.dca.ga.gov/sites/default/files/pqstandards.pdf [As of June 2024]). The Project Archaeologist may halt and redirect work if any archaeological resources are identified during monitoring. If archaeological resources are encountered during grounddisturbing activities, work in the immediate area must halt and the find evaluated for listing in the California Register of Historical Resources. Construction monitoring may be reduced or halted at the discretion of the Project Archaeologist, as warranted by conditions that include, without limitation, encountering bedrock, non-native sediments (infill), or negative findings. If archaeological spot-checking is recommended by the Project Archaeologist, it must only occur in areas of new construction, where ground disturbance will extend to depths not previously reached (unless those depths are within bedrock).

GEO-1 Site Preparation
Vegetation, construction debris, and other deleterious materials unsuitable as structural fill material must be disposed of off-site before commencing grading/construction. Any septic tanks, seepage pits or wells must be abandoned in accordance with applicable law including regulations promulgated by the County of Ventura Department of Health Services.
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5 P 37/7-24(mg)
GEO-2 Disposal of Existing Concrete
Existing concrete, which occurs onsite as pavement, curb and gutter, and a building foundation must be removed before the placement of engineered fill. The demolished concrete may be incorporated into compacted, engineered fills after it is crushed to a maximum height of six inches. Before placement as engineered fill, any protruding steel rebar must be cut from the concrete pieces and disposed of offsite.

GEO-3 Disposal of Existing Asphaltic Concrete
Existing asphaltic concrete must be removed before the placement of engineered fill.

From a geotechnical perspective, this material may be incorporated into compacted, engineered fills after it is crushed to a maximum height of six inches. The crushed asphalt cannot be placed under residential structures and only maybe placed in approved nonresidential areas, such as streets, parking areas or open space.

GEO-4 Site Preparation
The undocumented artificial fill and the upper portions of the young alluvial fan deposits near the surface are compressible and not suitable to support the proposed structures. It is anticipated that, at a minimum, the upper five feet of existing soils will require removal and recompaction, extending a minimum of five feet horizontally outside the structures.

Footings for structures must be underlain by a minimum of two feet of compacted fill. For building pads where unsuitable soil removals do not provide the minimum depth of compacted fill, or where design grades and/or remedial grading activities create cut/fill transitions, the cut and shallow fill portions of the building pads must be over-excavated as determined by the Public Works Director, or designee, during grading and replaced with compacted fill.

The Project Geotechnical Consultant must observe the removal bottom before placing fill.

If unsuitable soils, such as undocumented artificial fill, are exposed upon the completion of the removals required above, additional removals may be required as determined by the Public Works Director, or designee.

For cuts less than two feet, the two foot removal and recompaction is required.

Material removed as part of the unsuitable soil removals can be used as artificial fill, provided it is free of deleterious materials as determined by the Public Works Director, or designee.

GEO-5 Other Requirements
All other requirements including general earthwork recommendations, utility trenches, backcut stability, liquefaction, stormwater infiltration systems, and boundary conditions as listed in the Geotechnical Investigation dated May 5, 2022, which is incorporated by reference, must be followed by the permittee.
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GEO-6
If a fossil(s) is found at shallower depths, earth disturbance activities must be halted within a radius of 50 feet from the location of the fossil, and the permittee must consult with a qualified, project-level paleontologist to determine the significance of the fossilized remains. If the fossil is determined significant by the paleontologist, full-time monitoring must be initiated at the project.

A. Before initiation of any grading, drilling, and/or excavation activities, a preconstruction meeting must be held and attended by the paleontologist of record, representatives of the grading contractor and subcontractors, the permittee, and a City representative. The nature of potential paleontological resources must be discussed, as well as the protocol that is to be implemented following the discovery of any fossiliferous materials B. Monitoring of mass grading and excavation activities must be performed by a qualified paleontologist or paleontological monitor. Starting at a depth of five feet, monitoring must be conducted part-time in areas of grading or excavation in undisturbed sediments of alluvial fan deposits. If a fossil is found, the project-level paleontologist may determine that significant, full-time monitoring is warranted.

If the fossil is deemed significant by the project-level paleontologist, full-time monitoring must be initiated at the project
D. Paleontological monitors must be equipped to salvage fossils as they are unearthed to avoid construction delays. The monitor is empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens in a timely manner.

Monitoring may be reduced if the potentially fossiliferous units are not present in the subsurface, or, if present, are determined on exposure and examination by qualified paleontological personnel to have low potential to contain fossil resources. The monitor must notify the project paleontologist, who will then notify the permittee and Public Works Director, or designee, of the discovery.

E. Fossils must be collected and placed in cardboard flats or plastic buckets and identified by field number, collector, and date collected. Notes must be taken on the map location and stratigraphy of the site, which is photographed before it is vacated and the fossils are removed to a safe place. Discovered fossil sites must be protected by flagging to prevent them from being overrun by earthmovers (scrapers) before salvage begins. Fossils must collected in a similar manner, with notes and photographs being taken before removing the fossils. Precise location of the site is determined with the use of handheld GPS units.

If the site contains remains from a large terrestrial vertebrate, such as large bone(s) or a mammoth tusk, that is/are too large to be easily removed by a single monitor, a fossil recovery crew must excavate around the find, encase the find within a plaster and burlap jacket, and remove it after the plaster is set. For large fossils, use of the contractor’s construction equipment may be solicited to help remove the jacket to a safe location.

F. Isolated fossils must be collected by hand, wrapped in paper, and placed in temporary collecting flats or five-gallon buckets. Notes must be taken on the map location and stratigraphy of the site, which is photographed before it is vacated and the fossils are removed to a safe place.

G. Particularly small invertebrate fossils typically represent multiple specimens of a limited number of organisms, and a scientifically suitable sample can be obtained from one to 110
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several five-gallon buckets of fossiliferous sediment. If it is possible to dry screen the sediment in the field, a concentrated sample may consist of one or two buckets of material. For vertebrate fossils, the test is usually the observed presence of small pieces of bones within the sediments. If present, multiple five-gallon buckets of sediment can be collected and returned to a separate facility to wet-screen the sediment.

H. In accordance with the “Microfossil Salvage” section of the Society of Vertebrate Paleontology guidelines (2010:7), bulk sampling and screening of fine-grained sedimentary deposits (including carbonate-rich paleosols) must be performed if the deposits are identified to possess indications of producing fossil “microvertebrates” to test the feasibility of the deposit to yield fossil bones and teeth.

I. In the laboratory, individual fossils are cleaned of extraneous matrix, any breaks are repaired, and the specimen, if needed, is stabilized by soaking in an archaically approved acrylic hardener (e.g., a solution of acetone and Paraloid B 72).

J. Recovered specimens are prepared to a point of identification and permanent preservation (not display), including screen-washing sediments to recover small invertebrates and vertebrates. Preparation of individual vertebrate fossils is often more time-consuming than for accumulations of invertebrate fossils.

K. Identification and curation of specimens into a professional, accredited public museum repository with a commitment to archival conservation and permanent retrievable storage (e.g., the Los Angeles County Museum of Natural History) must be conducted. The paleontological program must include a written repository agreement before the initiation of mitigation activities. Before curation, the Public Works Director, or designee, must be consulted on the repository/museum to receive the fossil material.

HYDRO-1 The project relies on pumping to prevent stormwater discharge impacts to the adjacent properties; however, there is still the potential for the pumping equipment to fail to perform during a storm event. To reduce this impact to a less than significant level:

A. Permittee must design the stormwater pumping facilities for emergency operation in the event of a power outage.

B. Permittee must prepare an operations and maintenance manual to ensure inspection, maintenance, repair and replacement as necessary for the life of the project.

C. Permittee must prepare an emergency operations plan for the stormwater pumping facilities for approval by the Director of Public Works, or designee.

D. Permittee must enter into a unilateral recorded Stormwater Facilities Maintenance Agreement, in a form approved by the City Attorney, with the City to include items A and B above, and submit annual inspection and maintenance reports to the Public Works Director, or designee.
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HYDRO-2 Site Drainage Positive drainage away from the proposed structures must be provided and maintained. Roof, pad, and lot drainage must be collected and directed away from the structures toward approved disposal areas through drainage terraces, gutters, down drains, and other devices. Design fine grade elevations must be maintained through the life of the structure or if design fine grade elevations are altered, adequate area drains must be installed in order to provide rapid discharge of water, away from structures.

NOI-1 Construction Noise. The Permittee must comply with the following:

A. Construction may only occur during the hours of 7AM to 7PM.

B. During construction, the contractor must ensure all construction equipment is equipped with required noise attenuating devices including properly operating and maintained mufflers consistent with manufacturer’s standards.

C. The contractor must locate equipment staging areas as far as possible, away from the nearest sensitive receptors.

D. Idling equipment must be turned off when not in use.

E. Equipment must be maintained so that vehicles and their loads are secured from rattling and banging.

TCR-1
The project applicant must retain a professional Tribal Monitor identified by the Fernandeño Tataviam Band of Mission Indians (FTBMI) to observe the following grounddisturbing activities; grading, excavating, trenching, digging or similar activity. Tribal Monitoring Services will continue until confirmation is received from the project applicant, in writing, that all scheduled activities pertaining to Tribal Monitoring are complete. If the Project’s scheduled activities require the Tribal Monitor to leave the Project for a period of time and return, confirmation must be submitted to the Tribe by the Applicant, in writing, upon completion of each set of scheduled activities and five days’ notice (if possible) must be submitted to the Tribe by the Applicant, in writing, before starting each set of scheduled activities. If cultural resources are encountered, the Tribal Monitor may request that ground-disturbing activities cease within 60 feet of discovery and a qualified archaeologist meeting Secretary of Interior standards retained by the project applicant as well as the Tribal Monitor must assess the find.
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TCR-2
If human remains or funerary objects are encountered during any activities associated with the Project, work in the immediate vicinity (within a 100-foot buffer of the find) must cease and the County Coroner must be contacted pursuant to Health and Safety Code § 7050.5. The Health and Safety Code must be enforced for the duration of the Project.

Inadvertent discoveries of human remains and/or funerary object(s) are subject to Health and Safety Code§ 7050.5, and the subsequent disposition of those discoveries must be decided by the Most Likely Descendant (MLD), as determined by the Native American Heritage Commission (NAHC), should those findings be determined as Native American in origin.

TCR-3
The City and Applicant applicant must, in good faith, consult with the FTBMI on the disposition and treatment of any Tribal Cultural Resource encountered during all grounddisturbing activities.

RESPONSIBLE AGENCIES: City of Simi Valley
TRUSTEE AGENCIES: None
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CITY OF SIMI VALLEY

PLANNING DIVISION

DEPARTMENT OF ENVIRONMENTAL SERVICES

INITIAL STUDY

1. Project Title: 1845 Oak Road Residential
Development
(GPA-2022-0001 /Z-S-2022-0003/ PD-S2022-00012/VTT-2022-0003/AHA-2022- 0002)

2. Lead Agency Name and Address: City of Simi Valley
2929 Tapo Canyon Rd.

Simi Valley, CA 93063

3. Contact Person and Phone Elizabeth Richardson (805) 583-6334 Number/Email: [email protected]

4. Project Location: 1845 Oak Road, Simi Valley, CA 93065

5. Project Sponsor's Name and Address: City Ventures
Attn: Eric Miller
3121 Michelson Drive, Suite 150
Irvine, CA 92612

6. Current General Plan Designation: General Commercial (.30 FAR), Medium Density Residential (3.6-5.0 du/acre)
Proposed General Plan Designation: High Density Residential (10.1-20 du/acre)

7. Current Zoning: Commercial Planned Development
(CPD)
Residential Medium (RM)
Proposed Zoning: Residential High Density (RH)

8. Description of Project:

The Applicant, City Ventures, applied for a General Plan Amendment (GPA-2022-0001), Zone Change (Z-S-2022-0003), Planned Development Permit (PD-S-2022-0012), and Vesting Tentative Map (VTT-2024-0001) on September 20, 2022. The applicant proposes to demolish six existing, non-operational, vacant preschool buildings and construct a three story, 70-unit condominium townhouse complex on a 3.61-acre property (the project site) located east of the Yosemite Avenue and Los Angeles Avenue intersection in the City of Simi Valley (City). The project site encompasses four parcels with Assessor Parcel Numbers (APNs) of 637-0-140-120, -430, -445, and -730. The proposed project includes a General Plan Land Use change from General Commercial 114
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and Medium Density Residential (4.6-5.0 du/acre) to High Density Residential (10.1-20 du/acre) and would rezone the project site from Commercial Planned Development (CPD) and Residential Medium Density (RM) to Residential High Density (RH). The purpose of the General Plan Amendment and zone change is to accommodate the proposed residential density of 19.4 dwelling units per acre.

The proposed project would include 70 total units, a maximum building height of 40 feet and three stories. The 11 building multi-family residential project would include 10 onebedroom one-bath units of approximately of 725 square feet each (Plan 1); two threebedroom three-bath units of approximately 1,385 square feet each (Plan 2); 28 threebedroom two-bath units of approximately 1,525 square feet each (Plan 3); and 30 fourbedroom three and a half-bath units of approximately 1,710 square feet (Plan 4). Ten of the one-bedroom units would be deed restricted for moderate income persons. Primary site access would be provided via East Los Angeles Avenue on Oak Road and a secondary entrance would be located off Shunk Road. The required parking for the project is 130 parking spaces based on Density Bonus Law parking requirements. The proposed project would provide 168 parking spaces including 130 garage spaces, 18 driveway spaces, 6 head in spaces, and 14 parallel spaces.

Construction activities would consist of on-site demolition, grading, building, paving, and architectural coating. According to the Air Quality, Greenhouse Gas, and Energy Impact Study (Appendix A), construction duration would be approximately one year and is expected to begin first quarter 2025 and be completed by third quarter 2026; and approximately 10,000 cubic yards of soil is expected to be exported for the grading phase.

Site grading has been designed to match existing conditions of adjacent properties along all sides of the project site due to access requirements. Collected stormwater runoff would be routed to two proposed stormwater detention pipe systems to outlet in a similar pattern as existing drainage. An orifice is proposed for the northerly portion of the project site to discharge into the existing 36” public storm drain along Los Angeles Avenue and a sump pump is proposed near the southerly property line within Oak Road. Both outlets would match the existing 10-year storm event per the City’s Drainage Policy. The pump would discharge stormwater runoff to Oak Road through a bubbler catch basin. Stormwater discharging to Los Angeles Avenue would confluence with the Arroyo Simi Channel, approximately 800 feet from the site.

The proposed project’s architecture would feature a traditional design with a Spanish influence. Each building would include balconies, porches, and patios as well as different roof pitches and ridges to match some of the single-family residences in the surrounding area. There would be two different color schemes, and decorative tiles would be used to highlight the building elevations. The building material for scheme 1 and 2 would be Stucco and the exterior color would be Greek Villa. The color scheme for scheme 1 would be grey to brown and the color scheme for scheme 2 would be brown to blue green.

The proposed project would include 27,253 square feet of landscaping throughout the project site with common green space along Oak Road. Landscaping would include a patio wall and gate, a specimen tree, vine plantings with decorative rocks, common green space, and an enriched parkway at the southwest corner of Los Angeles Avenue and Oak Road. Amenities for the residents would include features such as a centrally-located common green space with decorative paving with a barbecue and picnic tables, benches 115
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and decomposed granite paving, an accent tree grove, a play lawn with canopy trees, and a mailbox cluster.

9. Surrounding Land Uses and Setting:

Los Angeles Avenue and commercial and residential buildings are to the north of the site; commercial and residential buildings to the west; Oak Road and the Crest Mobile Home Village to the east; and vacant land and residential buildings to the south with the drainage channel for the Arroyo Simi beyond. The project extends to Shunk Road on the east, passing through residential and commercial areas with Mobile Home and Commercial Planned Development zoning. Further east of the project site are residential areas with Residential High-Density zoning.

10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement):

None

11. Date Deemed Complete/Ready to Process: May 8, 2024

12. A site inspection was performed on:

Date: June 26, 2024 By: Gregory Martin, Senior Planner
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13. Are any of the following studies required? ("Yes" or "No" response required) Yes Traffic Study
Yes Noise Study
Yes Geotechnical Study
Yes Hydrology Study
Yes Tree Study and Appraisal (pursuant to SVMC § 9-38 et seq.) No Biological Study
No Rare, Threatened and Endangered Species Survey
No Wetlands Delineation Study
Yes Archaeological/Cultural Resource Study
Yes Historical Study
Yes Air Quality and Greenhouse Gases
No Other (List): ____________________

14. Location Map
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15. Aerial Photograph

16. Site Plan

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ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:

This project would potentially affect the environmental factor(s) marked "Yes" below, involving at least one impact that is "Less than Significant with Mitigation Incorporated" as indicated by the checklist on the following pages:

Aesthetics
Agriculture and Forestry
Air Quality
Biological Resources
Cultural Resources
Energy
Geology/Soils
Greenhouse Gas Emissions
Hazards & Hazardous
Materials
Hydrology/Water Quality
Land Use/Planning
DETERMINATION:

Mineral Resources
Noise
Population/Housing
Public Services
Recreation
Transportation
Tribal Cultural Resources
Utilities/Service Systems
Wildfire
Mandatory Findings of
Significance
On the basis of this initial evaluation:

D I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ~ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

D I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

D I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

D I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.

Richardson, Senior Planner
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Issues and Supporting Sources:

I. AESTHETICS.

Except as provided in Public Resources Code § 21099, would the project:
a) Have a substantial adverse effect on a scenic vista? The project site is currently zoned Commercial Planned Development and Residential Medium, with a General Plan designation of General Commercial, Residential Medium Density. The project is proposed on a 3.61-acre portion of an already developed lot, which is relatively flat. The proposed three-story multi-family residential development would have a maximum building height of 40 feet. The proposed project would be consistent with the existing surrounding development, and the development standards as defined in Simi Valley Municipal Code (SVMC) § 9-30.060. In addition, the project site is surrounded by properties zoned residential high and commercial planned development, and the area was previously graded. Therefore, the project would not include substantially taller buildings than the surrounding development and would not have the potential to substantially obscure views of the surrounding area from existing residences or roadways. This impact would be less than significant. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? There are no rock outcroppings, or scenic resources, in the proposed project area.

The site is currently developed with vacant buildings formerly occupied by a preschool and there are no historic buildings on the property. The project site is not in or adjacent to a designated state scenic highway, as identified by the California Department of Transportation (Caltrans) (State Scenic Highway System Map. https://www.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e805 7116f1aacaa [As of May 2024]). The nearest eligible state scenic highway is State Route 118, which runs parallel to the project site. Route 118 is approximately 0.7 miles to the north of the project site. The project site is not visible from Route 118, due to intervening topography and development. Therefore, there is no potential for a significant impact to the environment from an impact on trees, rock outcroppings, historic buildings, or a state scenic highway.
c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from a publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
The project site is within an urbanized area and is subject to the City’s Design Guidelines and tree protection ordinance. According to the Tree Report, 44 Mature Non-Native Trees would be removed to construct the project; however, new trees must be planted with the project landscaping. The project would comply with the City’s Design Guidelines, and the site’s landscaping will need to meet the City’s Landscape 120
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
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Design Guidelines as adopted by the SVMC. The project would be similar in visual character, height, and architectural style as surrounding developments. In addition, the project would be required to comply with all applicable development standards within the SVMC before approval. Standards include those pertaining to building scale, height, signs, parking, and architecture found in SVMC Title 9. Therefore, with adherence to these standards, the project would not conflict with applicable zoning and other regulations governing scenic quality in the area and impacts would be less than significant.
d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
The project would create a new source of light from fixtures on the new buildings, along the private driveways; however, lighting on the property is required to adhere to SVMC § 9-30.040 Exterior Light and Glare, which states that “there shall be no illumination or glare from the exterior lighting system onto adjacent properties or streets.” Light fixtures will be no more than 14 feet in height, and must possess sharp cut-off qualities, at the property line. The applicant is required to submit an exterior lighting (photometric) plan to the Environmental Services Director or designee pursuant to SVMC § 9-30.040. This plan must consist of a point-by-point foot-candle layout extending a minimum of 20 feet outside the property lines. The plan must achieve the goals established in this subsection to eliminate illumination or glare from the project onto adjacent properties or streets. Therefore, there would be no potential for a significant impact to the environment from a new source of substantial light or glare.

II. AGRICULTURE AND FORESTRY RESOURCES: Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code § 12220(g)), timberland (as defined by Public Resources Code § 4526), or timberland zoned Timberland Production (as defined by Government Code § 51104(g))?
d) Result in the loss of forest land or conversion of forest land to non-forest use?

121
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Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
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e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use?
(a-e) The project site is in an urbanized area of the City. According to the California Department of Conservation (DOC), the project site and surrounding area is designated as Urban and Built-Up Land and is therefore not subject to a Williamson Act contract. The nearest land under Williamson Act contract is approximately 4 miles north of the project site (California Department of Conservation, California Williamson Act Enrollment Finder, https://maps.conservation.ca.gov/dlrp/WilliamsonAct/ [accessed May 2024]). The proposed site and surrounding area are not used nor zoned for agricultural, forest, or timberland use. Construction of the project would occur within, and adjacent to, a fully urbanized area and would not result in the conversion of farmland, forest land, or timberland uses to non-agricultural or nonforest users. Therefore, the project would not conflict with agricultural, forest land, or timberland zoning and no impacts would occur.

III. AIR QUALITY: Would the project:

The significance criteria, established by the City or the Ventura County Air Pollution Control District, may be relied upon to make the following determinations. An Air Quality, Greenhouse Gas, and Energy Impact Study was prepared for the project by MD Acoustics, LLC in March 2024. The analysis in this section is based on the Air Quality, Greenhouse Gas, and Energy Impact Study, which is included as Appendix A. a) Conflict with or obstruct implementation of the Ventura County Air Quality Management Plan?
The project site is in the South Central Coast Air Basin (SCCAB) and subject to the jurisdiction of the Ventura County Air Pollution Control District (VCAPCD). The Ventura County Air Quality Assessment Guidelines published by the VCAPCD provides a framework for preparing air quality evaluations for environmental documents required by CEQA (Ventura County Air Pollution Control District, Ventura County Air Quality Assessment Guidelines [October 2003].
http://www.vcapcd.org/pubs/Planning/VCAQGuidelines.pdf [As of May 2024]). According to these guidelines, a project is consistent with the Ventura County Air Quality Management Plan (VCAQMP) if the actual population growth resulting from the project does not exceed the VCAQMP forecasted population growth (Ventura County Air Pollution Control District, Ventura County Air Quality Assessment Guidelines [October 2003]. http://www.vcapcd.org/pubs/Planning/VCAQGuidelines.pdf [As of May 2024]).

Based on United States Census Bureau data, the City has an average household size of

2.98 persons per household. Using this household size, the project, which would include 70 housing units, would result in a population increase of 209 people. The VCAQMP considers regional population forecasts developed by the Southern California Association of Governments (SCAG). SCAG’s most recent population forecast was adopted in April 2024 as part of the 2024-2050 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS). The 2024 SCAG growth forecast projects a population in Ventura 122
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Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
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County of 852,000 people for 2050 (Southern California Association of Governments, Connect SoCal 2024-2050 Regional Transportation Plan/Sustainable Communities Strategy, https://scag.ca.gov/sites/main/files/file-attachments/23-2987-connect-socal2024-final-complete-040424.pdf?1714175547 [As of May 2024]). According to the Department of Finance (DOF), the current population of Ventura County is 823,863 (California Department of Finance, January Population and Housing Estimates: E-1 Cities, Counties, and the State Population and Housing Estimates with Annual Percent Change, https://dof.ca.gov/forecasting/demographics/estimates/ [As of May 2024]). The additional 209 residents that could be accommodated by the project would increase the population of Ventura County to 824,072, which would not exceed the City’s Regional Growth Forecast 2050 of 852,000 people. Therefore, the project would be consistent with the population projections included within the VCAQMP. Furthermore, the development of the site would be required to comply with all VCAPCD rules and regulations for construction and operation. Therefore, the project would not conflict with or obstruct implementation of the applicable air quality plan. This impact would be less than significant.
b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard?
As the local air quality management agency, the VCAPCD is required to monitor air pollutant levels to ensure National Ambient Air Quality Standards (NAAQS) and California Ambient Air Quality Standards (CAAQS) for criteria pollutants are met. If these standards are met for a specific pollutant, the SCCAB is classified as being in “attainment.” If these standards are not met for a specific pollutant, the SCCAB is classified as being in “nonattainment” and VCAPCD is required to develop strategies to meet the standards which are currently exceeded. According to VCAPCD, the County has been designated by the United States Environmental Protection Agency (EPA) as a nonattainment area for ozone. Currently, the Air Basin is in attainment with the ambient air quality standards for CO, SO2, NO2, and PM2.5. For Federal Area Designations the Air Basin is in attainment with the ambient air quality standards for PM2.5, CO, NO, and SO2 (California Air Resources Board, 2022 Scoping Plan for Achieving Carbon Neutrality, https://ww2.arb.ca.gov/sites/default/files/2023-04/2022-sp.pdf [As of June 2024] ).

As detailed in the VCAPCD Guidelines, the VCAPCD has not established quantitative thresholds for particulate matter (PM10 and PM2.5), and the 25 pounds per day threshold for ROG and NOx do not apply to construction emissions because the emissions are temporary. However, the VCAPCD indicates that a project that may generate fugitive dust emissions in such quantities that would cause injury, detriment, nuisance, or annoyance to any considerable number of persons, or which may endanger the comfort, repose, health, or safety of any such person, or which may cause or have a natural tendency to cause injury or damage to business or property, would have a significant air quality impact. To reduce air quality impacts from construction activities, the VCAPCD requires that all projects minimize construction emissions through adherence to the VCAPCD Rule 55’s fugitive dust control measures and minimize ROG through adherence to the VCAPCD Rule 74.2 architectural coating VOC content limits. Compliance with VCAPCD 123
Potentially
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Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
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Rules 55 and 74.2 would ensure that construction emission would not be generated in such quantities as to cause injury, detriment, nuisance, or annoyance to any considerable number of persons, or to endanger the comfort, repose, health or safety of any such person or the public.

Long-term air quality impacts occur during project operation and include emissions from equipment or processes used in the project. These emissions must be summed to determine the significance of the project's long-term impact on air quality. Based on the criteria suggested by the VCAPCD, the following CEQA significance thresholds for operational emissions are established for the Simi Valley Basin:
• 25 pounds per day (lbs/day) of ROG
• 25 lbs/day of NOx
Projects in the Basin with operational-related emissions that exceed any of the emission thresholds are significant under VCAPCD guidelines. Additionally, the City has established a threshold of 13.7 tons per year for both ROG and NOx emissions (County of Ventura Resource Management Agency, 2020).

The California Emissions Estimator Model (CalEEMod), version 2022.1.1.21 was used to estimate the project’s air pollution emissions. CalEEMod uses project-specific information, including the project’s land uses, square footages for land uses, construction equipment parameters, and location, to model the project’s construction and operational emissions.

Construction emissions modeled include emissions generated by construction equipment that would be used on the project site and emissions generated by vehicle trips associated with construction, such as worker and vendor trips. Operational emissions include mobile source emissions (i.e., vehicle emissions), energy emissions, area source emissions, and stationary sources emissions (i.e., generator). Mobile source emissions are generated by vehicle trips to and from the project site. The number of vehicle trips to and from the project site was derived from the Traffic Impact Analysis prepared for the project by TJW Engineers, INC. in September 2022 (Appendix B). Emissions attributed to energy use include natural gas consumption by appliances as well as for space and water heating.

Area source emissions are generated by landscape maintenance equipment, consumer products, and architectural coatings.

Construction Emissions
Project construction would generate temporary air pollutant emissions primarily associated with fugitive dust (PM10) and exhaust emissions from heavy construction equipment and construction vehicles. Since the VCAPCD has not established quantitative thresholds for particulate matter (PM10 and PM2.5) and the 25 pounds per day threshold for ROG and NOx do not apply to construction emission, in order to reduce air quality impacts from construction activities, the VCAPCD requires that all projects minimize construction emissions through adherence to the VCAPCD Rule 55 fugitive dust control measures and minimize ROG through adherence to the VCAPCD Rule 74.2 architectural 124
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
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coating ROG content limits. Compliance with VCAPCD Rules 55 and 74.2 would ensure that construction emission would not be generated in such quantities as to cause injury, detriment, nuisance, or annoyance to a considerable number of persons, or that would endanger the comfort, repose, health or safety of any such person or the public.

Therefore, a less than significant air quality impact would occur from construction of the proposed project. This impact would be less than significant.

Operational Emissions
Operational emissions would include emissions associated with mobile sources (vehicle trips); energy sources (natural gas use); and area sources (landscape maintenance equipment, consumer products, and architectural coating) associated with on-site operational activities. Table 1 summarizes the operational emissions that would result from the project and compares the emissions with VCAPCD significance thresholds and City thresholds for evaluating operational impacts to air pollution. As shown therein, the project would not exceed VCAPCD or City operational significance thresholds for criteria air pollutants. Therefore, operation of the project would not result in a cumulatively considerable net increase of a criteria pollutant. This impact would be less than significant.

Table 1 Operational Emissions
Source (pounds per
day)1
Maximum Emissions
ROG NOX CO SO2 PM10 PM2.5
Area Source 3.1 <0.1 6.2 0 <0.1 0
Energy <0.1 0.2 0.1 0 <0.1 <0.1
Mobile 2.1 1.9 15.3 <0.1 3.3 0.9
Totals (Rounded) 5.2 2.2 21.6 <0.1 3.3 1.0
VCAPCD Threshold 25 25 N/A N/A N/A N/A
Threshold
Exceeded? No No No No No No
Source (Tons per Year)
Area Sources 0.5 <0.1 0.6 0 0 0
Energy Usage 0 <0.1 <0.1 0 0 0
Mobile Sources 0.4 0.3 2.7 <0.1 0.6 0.2
Total Emissions 0.9 0.4 3.3 <0.1 0.6 0.2
City of Simi Valley
Threshold 13.7 13.7 N/A N/A N/A N/A
Threshold
Exceeded? No No N/A N/A N/A N/A
1Totals may not add up due to rounding
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ROG = reactive organic gases; NOX = nitrogen oxides; CO = carbon monoxide; SO2 = sulfur dioxide; PM10 = particulate matter 10 microns or less in diameter; PM2.5 = particulate matter 2.5 microns or less in diameter See Appendix A for air quality modeling results.
c) Expose sensitive receptors to substantial pollutant concentrations?

Sensitive receptors are land uses or other types of population groups that are more sensitive to air pollution than others due to their exposure. As identified by the California Air Resources Board (CARB), sensitive population groups include children, the elderly, the acutely and chronically ill, and those with cardio-respiratory diseases. For CEQA purposes, a sensitive receptor would be a location where a sensitive individual could remain for 24 hours or longer, such as residencies, hospitals, and schools. The project site is bordered by residential and commercial uses, including commercial buildings to the north and west along the south side of Los Angeles Avenue and along Yosemite Avenue. To the south is vacant land and more residential uses, and to the east is the Crest Mobile Home Village. The nearest sensitive receptors who may be impacted by emissions of air pollution due to the project are the single-family residential land uses approximately 25 feet southeast of the project.

Project construction-source emissions would not conflict with the VCAPCD’s or the City’s significance thresholds for criteria pollutants. Project construction-source emissions would not conflict with any state or regional plan. As discussed herein, the project will comply with all applicable VCAPCD construction-source emission reduction rules and guidelines. Project construction source emissions would not cause or substantively contribute to violation of the CAAQS or NAAQS.

As shown in Table 1, operational-sourced emissions would not exceed the VCAPCD’s nor the City’s significance thresholds; therefore, impacts during project operation would be less than significant. Project-related traffic would not cause or result in CO concentrations exceeding applicable state and/or federal standards (CO “hotspots”).

Project operational-source emissions would therefore not adversely affect sensitive receptors within the vicinity of the project and this impact would be less than significant. d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Project construction source emissions would not conflict with the VCAPCD’s or the City’s significance thresholds for criteria pollutants. Project construction source emissions would not conflict with any state or regional plan. As discussed herein, the project would comply with all applicable VCAPCD construction source emission reduction rules and guidelines. Project construction source emissions would not cause or substantively contribute to violation of the CAAQS or NAAQS. Established requirements addressing construction equipment operations, and construction material use, storage, and disposal requirements act to minimize odor impacts that may result from construction activities.

Moreover, construction source odor emissions would be temporary, short term, and 126
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intermittent in nature and would not result in persistent impacts that would affect substantial numbers of people. Potential construction source odor impacts would therefore be less than significant. The project does not propose any uses or activities that would result in potentially significant operational source odor impacts. Potential operational source odor impacts would therefore be less than significant.

IV. BIOLOGICAL RESOURCES: Would the project:
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?
The project site is in a developed area, is occupied by an unoccupied former preschool and vacant land, and is adjacent to existing residential development. Rincon Consultants, Inc. (Rincon) conducted a review of the California Department of Fish and Wildlife’s (CDFW) California Natural Diversity Database (CNDDB) for recorded occurrences of special status plant and wildlife taxa occurring in the region. The CNDDB search included records from nine United States Geological Survey (USGS) 7.5-minute topographic quadrangles containing or surrounding the site: Simi, Santa Susana, Oat Mountain, Piru, Val Verde, Newhall, Thousand Oaks, Calabasas, and Canoga Park (California Department of Fish and Wildlife, California Natural Diversity Database, https://wildlife.ca.gov/Data/CNDDB [As of May 2024] ). The CNDDB is based on reported occurrences of special status taxa and does not constitute a comprehensive inventory of biological resources for any given area. Other database search results included the California Native Plant Society (CNPS) Online Inventory of Rare and Endangered Plants of California (California Native Plant Society, CNPS Inventory of Rare Plants, https://www.cnps.org/rare-plants/cnps-inventory-of-rare-plants [As of May 2024]).

Based on the results of these queries, there are 47 special-status plant species and 50 special-status animal species that have been documented within the nine-quadrangle search area (California Department of Fish and Wildlife, California Natural Diversity Database, https://wildlife.ca.gov/Data/CNDDB [As of May 2024]; California Native Plant Society, CNPS Inventory of Rare Plants, https://www.cnps.org/rare-plants/cnpsinventory-of-rare-plants [As of May 2024]; Appendix C). However, due to the developed nature of the project site and surrounding area and lack of native, riparian, or other suitable habitat, special-status species are not expected to occur on-site. Existing trees within the project site could contain bird nests and birds that are protected under the Migratory Bird Treaty Act (MBTA) and Fish and Game Code (FGC). Protected birds include all common songbirds, waterfowl, shorebirds, hawks, owls, eagles, ravens, crows, native doves and pigeons, swifts, martins, swallows, and others, including their body parts (feathers, plumes etc.), nests, and eggs.
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Project construction would involve tree removal which could result in direct impacts to nesting birds. Furthermore, disturbance from project demolition and construction activities, such as noise, may affect protected nesting birds in existing trees near the site.

Therefore, impacts to nesting birds would be potentially significant, and mitigation is required.

Mitigation Measure
BIO-1: To avoid disturbance of nesting and special status birds, including raptor species protected by the Migratory Bird Treaty Act (MBTA) and Fish and Game Code (FGC), project activities including, without limitation, vegetation removal, ground disturbance, construction, and demolition must occur outside of the bird breeding season (February 1 through August 30). If construction must begin during the breeding season, then a biologist familiar with the identification of avian species known to occur in Southern California and retained by the permittee, must conduct a preconstruction nesting bird survey not more than 14 days before the initiation of ground disturbance and vegetation removal activities. The nesting bird pre-construction survey must be conducted on foot inside the project site boundary, including a 300-foot buffer (500-foot for raptors), and in inaccessible areas (e.g. private lands) from afar using binoculars to the extent practical. If nests are found, an avoidance buffer (dependent upon the species, the proposed work activity, and existing disturbances associated with land uses outside of the site, and in consultation with the Public Works Director, or designee) must be demarcated by the biologist with bright orange construction fencing, flagging, construction lathe, or other means to mark the boundary. If a raptor nest is observed in a tree proposed for removal, the Applicant must consult with the California Department of Fish and Wildlife (CDFW). All construction personnel must be notified of the existence of the buffer zone and instructed to avoid entering the buffer zone during the nesting season. No ground disturbing activities may occur within this buffer until the permittee’s biologist has confirmed that breeding/nesting is complete, and the young have fledged the nest.

Significance After Mitigation
Implementation of Mitigation Measure BIO-1 would avoid significant impacts to nesting birds. Furthermore, the site would include trees as part of the project’s landscaping and would continue to provide nesting sites in an urban residential neighborhood, consistent with existing conditions. Therefore, impacts would be less than significant with mitigation incorporated.
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Wildlife or US Fish and Wildlife Service?

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c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?

(b-c) The project site is developed with an existing preschool and vacant land and surrounded by residential development. There is no riparian habitat on the project site.

According to the United States Fish and Wildlife Service (USFWS), the project site does not include designated critical habitat for threatened or endangered species (United States Fish and Wildlife Service, Critical Habitat for Threatened and Endangered Species, https://fws.maps.arcgis.com/apps/mapviewer/index.html?webmap=9d8de5e265ad4fe09 893cf75b8dbfb77, [As of May 2024]). According to the USFWS’s National Wetlands Inventory, the project site does not contain wetlands (USFWS 2024b). The closest designated wetland is a freshwater emergent wetland approximately 0.1-mile south of the project site. The project would not involve or require the direct removal, filling, hydrological interruption, or other adverse effects to the freshwater emergent wetland. Accordingly, the project would not have a substantial adverse effect on any riparian habitat or other sensitive natural community or wetlands, and no impact would occur. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
The project site is developed with a former preschool and vacant land and surrounded by residential and commercial development which does not provide for regional or local migration for wildlife. Based on a review of CDFW’s Biogeographic Information and Observation System map, the project site is not designated as an essential habitat connectivity area (CDFW 2024b). Accordingly, the project site does not contain any natural communities or habitat that would be expected to support native wildlife nurseries or the movement of species, and the project would not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors or impede the use of native wildlife nursery sites. No impact would occur.
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
Project construction would involve the removal of trees from the project site. According to the tree report prepared for the project, the project site contains 55 Mature Non-Native Trees, 44 of which will be removed for site improvements (Appendix C). The project site contains 11 Mature Native and Non-Native Trees that would be preserved. The trees to be removed consist of 14 Canary Island Pine (Pinus canariensis), 2 Sweet Gum (Liquidambar styaciflua), 1 Sugar Maple (Acer saccarum), 5 Evergreen Elm (Ulmus parvifolia sempervirens), 3 Camphora Tree (Cinnamomum camphora), 1 Avocado (Persoea americana), 1 Bottle Tree (Brachychiton populneus), 1 Arizona Cypress (Cupressus arizonica), 1 Aleppo Pine (Pinus halepensis), 7 Coast Redwood (Sequoia sempervirens), 1 Wax-Leaf Privet (Ligustrum texanum), 1 Mulberry Tree (Morus alba), 3 129
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Shamel Ash (Fraxinus uhdei), 1 European Beech (Fagus sylvatica), 1 Evergreen Ash (Ulmus parvifoia), and 1 California Sycamore (Platanus racemosa). The removal of trees would be subject to the requirements of SVMC Chapter 9-38 Tree Preservation, Cutting, and Removal. The project would involve preserving 11 Mature Native and Non-Native Trees and planting a total of 30 new trees, which would be consistent with the General Plan Goal 2, “Plant and wildlife habitat are preserved and enhanced and wildlife movement corridors are protected,” and General Plan Policy NR-2.1, “Encourage the preservation of trees and native vegetation in development projects. Require that new development utilize creative land planning techniques to preserve any existing healthy, protected trees to the greatest extent possible.” (City of Simi Valley, City of Simi Valley General Plan, https://www.simivalley.org/departments/environmental-services/planningdivision/documents-applications-and-development-activity/general-plan [As of June 2024]). Landscaping would include a mix of accent trees, hedge shrub with low ground cover, and vine planting. The project would not include components that would conflict with or hinder implementation of SVMC Chapter 9-38. Therefore, the project would not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. This impact would be less than significant. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?
The project site is not in an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan (CDFW 2024c). Therefore, the project would not conflict with these plans, and no impact would occur.

V. CULTURAL RESOURCES: Would the project:
a) Cause a substantial adverse change in the significance of a historical resource pursuant to State CEQA Guidelines § 15064.5?
A Cultural Resources Study for the 1845 Oak Road Project was prepared by Brian F.

Smith and Associates, Inc. on September 13, 2022. The Study identified one historicperiod cultural resource – Phoenix Hall - within the project site. BFSA Environmental Services completed a historic resources evaluation of the 5928 East Los Angeles Avenue building in 2022 and concluded that the building cannot be considered historically or architecturally important, as defined by CEQA and City criteria (Appendix D). Since the building cannot be considered architecturally or historically significant, no impact to historical resources would occur.
b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to State CEQA Guidelines § 15064.5?
The Cultural Resources Study identified one historic period structure within the project site. However, the Historic Structure Assessment recommended the resource as ineligible 130
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for the California Register of Historical Resources because the building only retains integrity of location, is not a distinctive example of the Neo-Mansard style and is not associated with any important persons or events.

Based on the proximity of the project to the Arroyo Simi, a natural water source, coupled with the poor ground visibility during the survey, there remains some potential for buried archaeological resources to be present within the project. Thus, it is recommended that future ground-disturbing activities associated with the development of the property be monitored by an archaeologist. Therefore, impacts are considered potentially significant and mitigation is required. Implementation of Mitigation Measure CR-1 would be required in the unlikely event archaeological resources are encountered during ground-disturbing activities to reduce impacts to archaeological resources to a less-than-significant level.

Mitigation Measure
CR-1 Archeological Monitoring
Archaeological monitoring of all initial project-related ground disturbing activities by an approved archaeologist retained by the permittee must be performed under the guidance and direction of a Project Archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards for archaeology (National Park Service, Secretary of the Interior’s Historic Preservations Professional Qualification Standards, https://www.dca.ga.gov/sites/default/files/pqstandards.pdf [As of June 2024]). The Project Archaeologist may halt and redirect work if any archaeological resources are identified during monitoring. If archaeological resources are encountered during grounddisturbing activities, work in the immediate area must halt and the find evaluated for listing in the California Register of Historical Resources. Construction monitoring may be reduced or halted at the discretion of the Project Archaeologist, as warranted by conditions that include, without limitation, encountering bedrock, non-native sediments (infill), or negative findings. If archaeological spot-checking is recommended by the Project Archaeologist, it must only occur in areas of new construction, where ground disturbance will extend to depths not previously reached (unless those depths are within bedrock).

Significance After Mitigation
Implementation of Mitigation Measure CR-1 would require implementation of archaeological monitoring for and evaluation of any unanticipated discoveries of cultural resources, which would reduce potential impacts to archeological resources to a lessthan-significant level. c) Disturb any human remains, including those interred outside of formal cemeteries?

No known human remains are present at the project site. In the event of an unanticipated discovery of human remains during construction, Health and Safety Code § 7050.5 requires that all construction activities halt in the vicinity of the discovery and the County Coroner be contacted immediately. The County Coroner would determine origin and 131
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disposition of the human remains pursuant to Public Resources Code § 5097.98. If the human remains are determined to be prehistoric, the coroner would notify the Native American Heritage Commission (NAHC), which would determine and notify a most likely descendant (MLD). The MLD would complete an inspection of the site within 48 hours of being granted access to the site. The MLD would be responsible for the ultimate disposition of the remains, as required by Public Resources Code § 5097.98.

Recommendations by the MLD may include: (1) the nondestructive removal and analysis of human remains and items associated with Native American human remains; (2) preservation of Native American human remains and associated items in place; (3) relinquishment of Native American human remains and associated items to the descendants for treatment; or (4) other culturally appropriate treatment. With compliance with existing regulations prescribed in the Health and Safety Code § 7050.5 and Public Resources Code § 5097.8, impacts to human remains would be less than significant.

VI. ENERGY: Would the project:
a) Result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation?
Construction Impacts
During project construction, energy would be consumed in the form of petroleum-based fuels used to power off-road construction vehicles and equipment on the project site, construction workers travel to and from the project site, and vehicles used to deliver materials to the site. Energy use during construction would be temporary in nature, and construction equipment used would be typical of similar-sized construction projects in the region. In addition, construction contractors would be required to comply with Cal. Code Regs., tit. 15, § 2449; Cal. Code Regs. tit. 13, § 2485, which prohibits off-road diesel vehicles and diesel-fueled commercial motor vehicles, respectively, from idling for more than five minutes and would minimize unnecessary fuel consumption. Construction equipment would be subject to the United States Environmental Protection Agency (USEPA) Construction Equipment Fuel Efficiency Standard, and trucks would be subject to the CARB Advanced Clean Trucks regulation, both of which would also minimize inefficient, wasteful, or unnecessary fuel consumption (USEPA 2004). These regulations would result in the efficient use of energy necessary to construct the project. Therefore, project construction would not result in potentially significant effects due to the wasteful, inefficient, or unnecessary consumption of energy, and no impact would occur.

Operational Impacts
Operation of the project would require energy use in the form of electricity, natural gas, and gasoline fuel consumption. Natural gas and electricity would be used for heating and cooling systems, lighting, appliances, water use, off-road equipment operation, and overall operation of the project. Gasoline consumption would be attributed to vehicular travel from residents and employees traveling to and from the project site. The project would comply with standards set forth in the California Building Standards Code (CBSC) (codified at Cal. Code Regs., tit. 24 and known as “Title 24”), which would minimize the wasteful, inefficient, or unnecessary consumption of energy resources during operation. 132
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The California Green Building Standards Code (CALGreen) requires implementation of energy-efficient light fixtures and building materials into the design of new construction projects. The Building Energy Efficiency Standards requires newly constructed buildings to meet energy performance standards set by the California Energy Commission (CEC).

These standards are specifically crafted for new buildings to achieve energy efficient performance. The standards are updated every three years, and each iteration increases energy efficiency standards. The City also requires new construction to comply with the SVMC.

The City has adopted a Climate Action Plan (CAP) that identifies energy reduction measures, including a requirement that new development exceed CBSC Energy Standards by 20%, as well as water use reduction measures to reduce water demand by 20%. The City’s requirements increases energy efficiency requirements for residential and nonresidential structures beyond CBSC, set at 10% to 15% respectively for new construction and substantial remodels (City of Simi Valley 2020). SVMC Chapter 9-39 promotes trip reduction and alternative transportation methods (e.g. carpools, vanpools, public transit, bicycles, walking, park-and-ride lots, improvement in the balance between jobs and housing), flexible work hours, telecommuting, and parking management programs to address traffic increases from new development. The City’s Water Conservation Program regulations will reduce water consumption within the City through conservation, effective water supply planning, prevention of waste, and will maximize the efficient use of water within the City. The Water Conservation regulations are intended to reduce water use in the City to at least 15% below the 2009 baseline.

In addition to these requirements, the use of nonrenewable energy resources would be further reduced as the percentage of electricity generated by renewable resources provided by SCE continues to increase to comply with state requirements through Senate Bill 100 (The 100 Percent Clean Energy Act of 2018, Pub. Util. Code, §§ 399.11, 399.15, 399.30, and 454.53), which requires electricity providers to increase procurement from eligible renewable energy resources to 60 percent by 2030 and 100 percent by 2045.

These regulations would result in the efficient use of energy necessary to construct the project. With adherence to existing regulatory requirements, project operation would not result in potentially significant environmental effects due to the wasteful, inefficient, or unnecessary consumption of energy. No impact would occur. b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency?
The project would involve the consumption of electricity and natural gas. However, new structures would be required to comply with the CBSC’s Green Buildings Standards (Cal.

Code Regs., tit. 24, Parts 4, 6 and 11) which address efficiency of buildings, appliances, insulation and roofing, lighting, and water and space heating and cooling equipment.

Accordingly, the project would not conflict with state regulations designed to promote energy efficiency. By implementing applicable state regulations designed to achieve energy efficiency, the project would be consistent with the City General Plan Goal NR-7 to ensure reliable, affordable, and environmentally sensitive energy resources are available for residents and businesses. (City of Simi Valley 2012). Therefore, the project 133
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would not conflict with or obstruct state or local plans for renewable energy or energy efficiency. No impact would occur.

VII. GEOLOGY AND SOILS: Would the project:
a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated on the most recent AlquistPriolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.

The project site is neither partially nor fully intersected by an earthquake fault designated on the Alquist-Priolo Zoning Map (California Department of Conservation, California Geological Survey: Earthquake Zones of Required Investigation, https://maps.conservation.ca.gov/cgs/EQZApp/app/ [As of June 2024]). The nearest known active faults are the Simi‐Santa Rosa fault approximately 2.6 miles north of the project site, and the Northridge Hill fault approximately 5.2 miles east of the project site (United States Geological Survey 2024). In addition, the project would be built in compliance with the CBSC. Unlike damage from ground shaking, which can occur at great distances from the fault, impacts from fault rupture are limited to the immediate area of the fault zone where the fault breaks along the grounds surface. Therefore, the project would not cause the risk of loss, injury, or death involving fault rupture. No impact would occur ii) Strong seismic ground shaking?
The project site is near faults such as the Simi-Santa Rosa fault which could trigger seismic ground shaking at the project site. The project design would be required to meet the seismic design criteria of the CBSC, which requires that all improvements be constructed to withstand anticipated ground shaking from regional fault sources. The CBSC requires that a licensed geotechnical engineer be retained to design the project components to withstand probable seismically induced ground shaking and consolidate recommendations into a site-specific geotechnical report. The CBSC requires that a final geotechnical investigation be performed after project design plans are finalized and before construction, and that a final geotechnical report be completed to provide engineering and design requirements. A project specific geotechnical report was prepared by Alta California Geotechnical Inc. (Alta) on May 25, 2022 and revised December 8, 2022 (Appendix E). All construction would adhere to the specifications, procedures, and site conditions contained in the final design plans, which would comply with the seismic recommendations of a California registered, professional geotechnical engineer contained in the geotechnical report in accordance with the CBSC. The final structural design would be subject to approval and follow-up inspection by the Public Works Director. Implementation of the applicable CBSC requirements and local agency enforcement would ensure that the project would not directly or 134
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indirectly cause substantial adverse effects, including the risk of loss, injury, or death involving strong seismic ground shaking. This impact would be less than significant.
iii) Seismic-related ground failure, including liquefaction?

The Ventura County Multi-Jurisdictional Hazard Mitigation Plan identifies the project site as being within a liquefaction zone (County of Ventura, Ventura County Multi-Jurisdictional Hazard Mitigation Plan,
https://www.simivalley.org/home/showpublisheddocument/26180/638079167705 630000 [As of June 2024]). A project specific geotechnical report was prepared by Alta on May 25, 2022 and revised December 8, 2022 (Appendix E). The report found there is a potential for liquefaction to occur at the site during seismic shaking.

Alta recommends removal/recompaction and foundation/slabs, which would reduce the liquefaction potential onsite to an acceptable level of risk as defined by the State. Although the project site may be subject to liquefaction, risks associated with liquefaction would be minimized with implementation of CBSC requirements, including incorporation of recommendations from the site-specific geotechnical report into project design. The SVMC requires permittee to provide a final soils report with the improvement plans to address structural design parameters at the time of application by a geotechnical engineer or engineering geologist registered in California (SVMC § 9-64.100). With compliance with the CBSC and SVMC requirements, the project would not directly or indirectly cause substantial adverse effects, including the risk of loss, injury, or death involving liquefaction. This impact would be less than significant.
iv) Landslides?
The project site is flat and is surrounded by flat land devoid of substantial elevation change. The project would not create substantial elevation changes with surrounding parcels or otherwise result in risk of landslides. Therefore, no impact related to landslides would occur
b) Result in substantial soil erosion or the loss of topsoil? Construction of the project would require grading and other ground-disturbing activities which could increase the potential for erosion. As the overall footprint of construction activities would exceed one acre, the project would be required to comply with the requirements of the Waste Discharge Requirements and National Pollutant Discharge Elimination System (NPDES) Permit for Municipal Separate Storm Sewer (MS4) Discharges within the Coastal Watershed of Los Angeles and Ventura Counties (MS4 Permit; Order No. R4-2021-0105); and the General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities, Order No. 2022-0057-DWQ, NPDES No. CAS000002 (Construction Stormwater General Permit), adopted by the State Water Resources Control Board (SWRCB). The 135
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requirements of the Construction Stormwater General Permit were developed to ensure that stormwater is managed and erosion is controlled on construction sites.

The Construction Stormwater General Permit requires preparation and implementation of a stormwater pollution prevention plan (SWPPP), which requires implementation of best management practices (BMP) to control stormwater run-on and runoff from construction work sites. BMPs may include, but would not be limited to, physical barriers to reduce erosion and sedimentation, construction of sedimentation basins, limitations on work periods during storm events, use of infiltration swales, protection of stockpiled materials, and a variety of other measures to be identified by a qualified SWPPP developer that would substantially reduce erosion from occurring during construction. With adherence to the Construction Stormwater General Permit, project construction would not result in substantial erosion. During operation, the project would not include ongoing activities that would have the potential to result in substantial erosion. Overall, the project would not result in substantial soil erosion or the loss of topsoil. This impact would be less than significant.
c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
Lateral spreading is the horizontal movement or spreading of soil toward an open face.

Lateral spreading may occur when soils liquefy during an earthquake event, and the liquefied soils with overlying soils move laterally to unconfined spaces. Due to the lack of nearby “free face” conditions, the potential for lateral spreading is very low.

Therefore, lateral spreading impacts would be less than significant.

Subsidence is the sudden sinking or gradual downward settling of the earth’s surface with little or no horizontal movement. Subsidence is caused by a variety of activities that include, but are not limited to, withdrawal of groundwater, pumping of oil and gas from underground, the collapse of underground mines, liquefaction, and hydrocompaction. Collapse Potential refers to the potential settlement of a soil under existing stresses upon being wetted. As discussed under Impact VII.a.i through VII.a.iv, the proposed project is in a seismically active area. The project site is within a liquefaction zone. The project would be required to comply with CBSC requirements.

In addition, remedial grading measures must be incorporated into site development and construction plans. Therefore, this impact would be potentially significant, and Mitigation Measures GEO-1 through GEO-5 are required to reduce potential impacts.

Mitigation Measures GEO-1 through GEO-5 would set standard procedures for remedial grading activities, as well as other recommendations, and would reduce the project’s potential to impact geology and soils resources to a less than significant level.

Mitigation Measure
GEO-1 Site Preparation
Vegetation, construction debris, and other deleterious materials unsuitable as structural fill material must be disposed of off-site before commencing grading/construction. Any 136
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septic tanks, seepage pits or wells must be abandoned in accordance with applicable law including regulations promulgated by the County of Ventura Department of Health Services.

GEO-2 Disposal of Existing Concrete
Existing concrete, which occurs onsite as pavement, curb and gutter, and a building foundation must be removed before the placement of engineered fill. The demolished concrete may be incorporated into compacted, engineered fills after it is crushed to a maximum height of six inches. Before placement as engineered fill, any protruding steel rebar must be cut from the concrete pieces and disposed of offsite.

GEO-3 Disposal of Existing Asphaltic Concrete
Existing asphaltic concrete must be removed before the placement of engineered fill.

Footings for structures must be underlain by a minimum of two feet of compacted fill. For building pads where unsuitable soil removals do not provide the minimum depth of compacted fill, or where design grades and/or remedial grading activities create cut/fill transitions, the cut and shallow fill portions of the building pads must be over-excavated as determined by the Public Works Director, or designee, during grading and replaced with compacted fill.

The Project Geotechnical Consultant must observe the removal bottom before placing fill.

For cuts less than two feet, the two foot removal and recompaction is required.

Material removed as part of the unsuitable soil removals can be used as artificial fill, provided it is free of deleterious materials as determined by the Public Works Director, or designee..
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GEO-5 Other Requirements
All other requirements including general earthwork recommendations, utility trenches, backcut stability, liquefaction, stormwater infiltration systems, and boundary conditions as listed in the Geotechnical Investigation dated May 5, 2022, which is incorporated by reference, must be followed by the permittee.

Significance After Mitigation
Implementation of Mitigation Measures GEO-1 through GEO-5 would reduce potential impacts to a less than significant level by requiring that, all grading activities are accomplished under the observation and testing of the project geotechnical consultant in accordance with the recommendations contained in the project’s Geotechnical Investigation dated May 5, 2022.
d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code, creating substantial direct or indirect risks to life or property? Expansive soils are highly compressible, clay-based soils that tend to expand as they absorb water and shrink as water is drawn away. According to the project’s geotechnical report, the project site soils are anticipated to have a very low expansion potential. Therefore, impacts related to expansive soil would be less than significant. e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater?
The project would connect to the City’s sanitary sewer system and would not require the use of septic tanks or other alternative wastewater disposal systems. Therefore, no impact would occur.
f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
The site is underlain by Holocene alluvial materials and at shallow depths Pleistocene old alluvial fan sediments. Holocene- aged sediments are generally considered too young (i.e., less than 5,000 years old) to preserve paleontological resources.

Pleistocene (more than 11,700 years old) alluvial deposits in the Ventura Basin, however, often yield important Ice Age terrestrial vertebrate fossils, such as extinct mammoths, mastodons, giant ground sloths, extinct species of horse, bison, and camel, saber-toothed cats, and others. Pleistocene sediments are accorded a High paleontological resource sensitivity (Appendix F). Therefore, Pleistocene-aged alluvial fan sediments have high paleontological sensitivity.

The “high” paleontological sensitivity rating typically assigned to Pleistocene alluvial fan sediments for yielding paleontological resources supports the requirement that Paleontological monitoring be implemented during mass grading and excavation activities in undisturbed Pleistocene old alluvial fan sediments to mitigate any adverse impacts (loss or destruction) to potential nonrenewable paleontological resources.

However, the depth of Pleistocene old alluvium below the Holocene young alluvium 138
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at the project is not precisely known. Part-time monitoring of undisturbed alluvial fan deposits at the project is required starting at a depth of five feet below the surface.

Furthermore, construction activities would require excavations, and the possibility remains that unanticipated paleontological resources could be discovered during ground-disturbing activities. Therefore, this impact would be potentially significant, and Mitigation Measure GEO-6 is required to reduce potential impacts. Mitigation Measure GEO-6 would set standard procedures in the event of unanticipated discovery of paleontological resources and would reduce the project’s potential to impact paleontological resources to a less than significant level.

Mitigation Measure
GEO-6
If a fossil(s) is found at shallower depths, earth disturbance activities must be halted within a radius of 50 feet from the location of the fossil, and the permittee must consult with a qualified, project-level paleontologist to determine the significance of the fossilized remains. If the fossil is determined significant by the paleontologist, full-time monitoring must be initiated at the project.

A. Before initiation of any grading, drilling, and/or excavation activities, a preconstruction meeting must be held and attended by the paleontologist of record, representatives of the grading contractor and subcontractors, the permittee, and a City representative. The nature of potential paleontological resources must be discussed, as well as the protocol that is to be implemented following the discovery of any fossiliferous materials B. Monitoring of mass grading and excavation activities must be performed by a qualified paleontologist or paleontological monitor. Starting at a depth of five feet, monitoring must be conducted part-time in areas of grading or excavation in undisturbed sediments of alluvial fan deposits. If a fossil is found, the project-level paleontologist may determines that significant, full-time monitoring is warranted.

If the fossil is deemed significant by the project-level paleontologist, fulltime monitoring must be initiated at the project
D. Paleontological monitors must be equipped to salvage fossils as they are unearthed to avoid construction delays. The monitor is empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens in a timely manner.

E. Fossils must be collected and placed in cardboard flats or plastic buckets and identified by field number, collector, and date collected. Notes must be taken on the map location and stratigraphy of the site, which is photographed before it is vacated and the fossils are removed to a safe place. Discovered fossil sites must be protected by flagging to prevent 139
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them from being overrun by earthmovers (scrapers) before salvage begins. Fossils must collected in a similar manner, with notes and photographs being taken before removing the fossils. Precise location of the site is determined with the use of handheld GPS units.

G. Particularly small invertebrate fossils typically represent multiple specimens of a limited number of organisms, and a scientifically suitable sample can be obtained from one to several five-gallon buckets of fossiliferous sediment. If it is possible to dry screen the sediment in the field, a concentrated sample may consist of one or two buckets of material. For vertebrate fossils, the test is usually the observed presence of small pieces of bones within the sediments. If present, multiple five-gallon buckets of sediment can be collected and returned to a separate facility to wet-screen the sediment.

H. In accordance with the “Microfossil Salvage” section of the Society of Vertebrate Paleontology guidelines (2010:7), bulk sampling and screening of fine-grained sedimentary deposits (including carbonate-rich paleosols) must be performed if the deposits are identified to possess indications of producing fossil “microvertebrates” to test the feasibility of the deposit to yield fossil bones and teeth.

K. Identification and curation of specimens into a professional, accredited public museum repository with a commitment to archival conservation and permanent retrievable storage (e.g., the Los Angeles County Museum of Natural History) must be conducted. The paleontological program must include a written repository agreement before the initiation of mitigation activities. Before curation, the Public Works Director, or designee, must be consulted on the repository/museum to receive the fossil material.

L. A final report of findings and significance must be prepared, including lists of all fossils recovered and necessary maps and graphics to accurately record their original location(s). The report, when submitted to, and accepted by, the appropriate lead agency, will signify satisfactory completion of the project program to mitigate impacts to any potential nonrenewable paleontological resources (i.e., fossils) that might have been lost or otherwise adversely affected without such a program in place. 140
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Significance After Mitigation
Implementation of Mitigation Measure GEO-6 would reduce potential impacts to a less than significant level by requiring that any unanticipated discoveries of paleontological resources are evaluated and treated according to the applicable standards.

VIII. GREENHOUSE GAS EMISSIONS: Would the project:
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
b) Conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
(a-b) Climate change is the observed increase in the average temperature of the Earth’s atmosphere and oceans along with other substantial changes in climate (such as wind patterns, precipitation, and storms) over an extended period. Climate change is the result of numerous, cumulative sources of greenhouse gas (GHG) emissions contributing to the warming of Earth’s surface. GHG emissions occur both naturally and as a result of human activities, such as fossil fuel burning, decomposition of landfill wastes, raising livestock, deforestation, and some agricultural practices. GHGs produced by human activities include carbon dioxide (CO2), methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.

The majority of individual projects do not generate sufficient GHG emissions to directly influence climate change. However, physical changes caused by a project can contribute incrementally to cumulative effects that are significant, even if individual changes resulting from a project are limited. The issue of climate change typically involves an analysis of whether a Project’s contribution towards an impact would be cumulatively considerable. “Cumulatively considerable” means that the incremental effects of an individual project are significant when viewed in connection with the effects of past projects, other current projects, and probable future projects (Cal. Code Regs., tit. 14, §§ 15064, subd.(h)(1)).

According to the CEQA guidelines, permittees can choose from a qualified GHG reduction plan, which allows for project level evaluation of GHG emissions through the comparison of the proposed project’s consistency with the GHG reduction policies included in a qualified GHG reduction plan. This approach is considered by the Association of Environmental Professionals (2016) in its white paper, Beyond 2020 and Newhall, to be the most defensible approach presently available under CEQA to determine the significance of a project’s GHG emissions.

The VCAPCD has prepared the Greenhouse Gas Thresholds of Significance Options for Land Use Development Projects in Ventura County. This report presents a number of options for setting GHG significance thresholds. The City has adopted a numerical significance threshold for assessing impacts related to GHG emissions. The Greenhouse Gas Thresholds of Significance Options for Land Use Development Projects in Ventura County included a threshold of 3,000 MTCO2e/year, for residential developments. For 141
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the purpose of evaluating the GHG impacts associated with the project, a threshold of 3,000 MTCO2e/year was used for plan level analyses. This threshold was used since it was developed based on the goal of Assembly Bill (AB) 32 the California Global Warming Solutions Act of 2006 Health & Saf. Code, § 38500) to reduce statewide GHG emissions to the 1990 levels by 2020. The annual net GHG emissions associated with the operation of the project is 807 MTCO2e/year. This is less than the SCAQMD screening threshold for mixed use projects of 3,000 MTCO2e/year. Therefore, impacts would be less than significant.

Consistency With Applicable Plans and Policies
2022 Scoping Plan. The principal State plans and policies are AB 32, and the subsequent legislation, Senate Bill (SB) 32 (Health & Saf. Code, § 38566). The quantitative goal of AB 32 is to reduce GHG emissions to 1990 levels by 2020. The goal of SB 32 is to reduce GHG emissions to 40 percent below 1990 levels by 2030 and to Net Zero by 2045. Pursuant to these targets, the 2022 Scoping Plan was created to outline goals and measures for the state to achieve the reductions. The 2022 Scoping Plan focuses on outcomes needed to achieve carbon neutrality by assessing paths for clean technology, energy deployment, natural and working lands, and others, and is designed to meet the State’s long-term climate objectives and support a range of economic, environmental, energy security, environmental justice, and public health priorities. The project would be consistent with these goals through project design as required by state renewable energy requirements in the CBSC’s Green Building Code and Building Efficiency Energy Standards which, in part, help fulfill 2022 Scoping Plan goals. The project would be provided electricity by Southern California Edison (SCE), which would increase its renewable energy procurement in accordance with Senate Bill 100, which requires electricity providers to increase procurement from eligible renewable energy resources to 60 percent by 2030 and 100 percent by 2045. In addition, trip generation generated by the proposed project are consistent with other similar residential uses of similar scale and configuration (Appendix A) and therefore would not generate substantial GHG emissions associated with mobile trips. Because the project would comply with state regulations designed to reduce GHG emissions, consistent with the 2022 Scoping Plan, the project would not conflict with the 2022 Scoping Plan. This impact would be less than significant.

Southern California Association of Governments 2024-2050 Regional Transportation Plan/ Sustainable Communities Strategies Plan (SCAG 2024-2050 RTP/SCS). SCAG has incorporated a sustainable community strategy into its RTP/SCS, which is designed to help the region achieve its Senate Bill 375 (Pub. Resources Code, § 21155 et seq.; Gov. Code, §§ 14522.1, 14522.2, 65080, 65080.01, 65400, 65583, 65584.01, 65584.02, 65584.04, 65587, and 65588) GHG emissions reduction targets.

The SCAG 2024-2050 RTP/SCS demonstrates that the SCAG region would achieve its regional emissions reduction targets for the 2035 target years (Southern California Association of Governments, Connect SoCal 2024-2050 Regional Transportation Plan/Sustainable Communities Strategy, https://scag.ca.gov/sites/main/files/fileattachments/23-2987-connect-socal-2024-final-complete-040424.pdf?1714175547 [As of May 2024]). The SCCAG 2024-2050 RTP/SCS achieves these targets through implementation of goals that include reducing vehicle miles traveled; preserving open 142
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space, agricultural land, and sensitive biological resources; and promoting transit use.

The project’s trip generation would be consistent with other similar residential uses of similar scale and configuration (Appendix A) and, therefore, would not generate substantial VMT. The project would not result in the loss of existing open space or agricultural land. As described in Section IV, Biological Resources the project would not result in substantial impacts related to sensitive biological resources. The project would be approximately 400 feet from an existing bus stop and therefore provide transit options to the project site. Therefore, the project would be consistent with the SCAG 2050 RTP/SCS. This impact would be less than significant.

Quantified GHG Emissions
GHG emissions associated with project construction and operation were estimated using CalEEMod, with the assumptions described in Section III, Air Quality. CalEEMod modeling outputs are included in Appendix A. For the purposes of this GHG analysis, it was assumed the project would have a 30-year lifetime. Construction emissions were amortized over the project’s estimated 30-year lifetime because construction emissions are confined to a relatively short period of time in relation to the overall life of the project.

As shown in Table 2, construction of the project would generate approximately 467 metric tons of carbon dioxide equivalent.1 This would equate to 59 metric tons of carbon dioxide equivalent amortized over 30 years.

Table 2 Estimated GHG Emissions During Construction
Emissions (MT of CO2e)
Total 467
Total Amortized over 30
years
16 MT of CO2e = metric tons of carbon dioxide equivalent See Appendix A for CalEEMod outputs.

Operation of the project would generate GHG emissions associated with vehicle trips, area sources, energy, water usage and wastewater generation, solid waste generation, and refrigeration. As shown in Table 3, total combined annual GHG emissions generated by the project would be approximately 807 metric tons of carbon dioxide equivalent.

Table 3 Combined Annual GHG Emissions
Emission Source Annual Emissions (MT of CO2e)
Construction 16
Operation 791
Mobile 593

1 Carbon dioxide equivalent is a unit of measurement used to standardize the climate effects of various GHGs in terms of the amount of carbon dioxide that would create the same amount of global warming. 143
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Area 2
Energy 156
Water 8
Waste 16
Total Emissions 807
MT of CO2e = metric tons of carbon dioxide equivalent
Note: Numbers may not add up due to rounding.

See Appendix A for CalEEMod outputs.

City of Simi Valley Climate Action Plan.

The proposed project could have the potential to conflict with an applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases (Impact Criteria VIIIb). The project’s GHG impacts are evaluated by assessing the project’s consistency with applicable statewide, regional, and local GHG reduction plans and strategies. The City adopted the CAP, which encourages and requires applicable projects to implement energy efficiency measures. In addition, the California Climate Action Team Report provides recommendations for specific emission reduction strategies for reducing GHG emissions and reaching the targets established in AB 32 and Executive Order S-3-05 (2005). On a statewide level, the 2008 Climate Change Scoping Plan provides measures to achieve AB 32 targets. Thus, if the project complies with these plans, policies, regulations, and requirements, the project would result in a less than significant impact because it would be consistent with the overarching state, regional, and local plans for GHG reduction.

The focus of the City’s updated CAP includes promoting energy- and water-efficient buildings, smart growth and clean transit, zero waste policies, and increased local energy generation and water resources. Table 4 summarizes applicable reduction strategies from the CAP and evaluates project consistency with each strategy. The project would be consistent with all applicable CAP reduction strategies; therefore, the project would not conflict with the CAP.

Table 4 Project Consistency with City of Simi Valley Climate Action Plan Policy Consistency
Measure
R2‐E1: Residential Energy
Efficiency Program: Increases the
energy efficiency requirements for
new development to 20%, a 10%
point increase from the minimum
requirements of the City measures
Consistent. According the Air Quality,
Greenhouse Gas, and Energy Impact Study, the
total electricity usage from
Project construction related activities is
estimated to be approximately 49,019 kWh. The
project will comply with energy efficiency
requirements.
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Policy Consistency
R2‐W1: City Diversion Program
Implements a Citywide waste
diversion goal of
diverting 75% of all waste from
landfills
Consistent. AB 939 (The California Integrated
Waste Management Act of 1989;" Assem. Bill
No. 939 (1989-1990 Reg. Sess.; codified in part in
Pub. Resources Code, §§ 40000 et seq) requires
that
each jurisdiction in California to divert at least 50
percent of its waste away from landfills, whether
through waste reduction, recycling or other
means. The project will comply with waste
diversion requirements.

R2‐W2: Construction Diversion
Program
Implements a Citywide construction
waste diversion goal of diverting 85%
of all construction and demolition
waste from landfills
Consistent AB 341 (Assem. Bill No. 341 (2011-
2012 Reg. Sess.; Health & Saf. Code, § 38500;
Pub. Resources Code, §§ 40004, 41730, 41731,
41734, 41734.5, 41735, 41736, 41780.1, 41800,
41780.02, 42649, 42926, 44004, and 50001)
requires at least 75 percent of generated
waste be source reduced, recycled, or composted
by the year 2020. The project will comply with
waste diversion requirements.

R2-T3/M2-T3: Land Use-Based Trip
and VMT Reduction Policies: Reduce
VMT by increasing population density
and creating walkable neighborhoods
Consistent. The project site is within a quarter
mile of a grocery store, numerous restaurants,
and other commercial uses. The project will be
walkable and therefore reduce VMT.

Source: Greenhouse Gas Impact Analysis (Appendix A)
Therefore, the project will not conflict with any applicable plan, policy or regulation of an agency
adopted for the purpose of reducing the emissions of greenhouse gases, and these impacts would be less than significant.

IX. HAZARDS AND HAZARDOUS MATERIALS: Would the project:
a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
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(a-b) Project demolition and construction activities would involve the use of potentially hazardous materials such as fuels, oils and lubricants, solvents and cleaners, cements and adhesives, paints and thinners, degreasers, cement and concrete, and asphalt mixtures, which are all commonly used in construction. The transport, use, and storage of hazardous materials during construction of the project would be conducted in accordance with all applicable laws, such as the Hazardous Material Transportation Act; Resource Conservation and Recovery Act; the California Hazardous Materials Management Act; and California Code of Regulations, Title 26. Furthermore, if hazardous materials were to be transported on State highways and routes, Caltrans regulates the safe transportation of hazardous materials on State highways and routes, as described in Title 49 of the Code of Federal Regulations. Structures/foundations built before the 1970s were regularly constructed with asbestos containing materials (ACM). Because the foundations could have potentially been constructed before the federal ban on the manufacture of polychlorinated biphenyls (PCBs), it is possible that the concrete slabs contain PCBs. Demolition of the existing structures could result in health hazard impacts to workers if not remediated before construction activities. However, demolition and construction activities would be required to adhere to California Division of Occupational Safety and Health Administration (CalOSHA) and Department of Toxic Substances Control regulations which are the regulatory agencies that oversee ACM, lead, and PCBs risks, respectively. With adherence to applicable regulatory requirements, project construction would not result in substantial hazards due routine transport, use, or disposal of hazardous materials or risk upset and accident conditions involving the release of hazardous materials. This impact would be less than significant.

Operation of the project would not include land uses associated with the use, transportation, storage, or generation of significant quantities of hazardous materials.

Operation of the project may result in an incremental release in the use of common household hazardous materials such as cleaning and degreasing solvents. Use of these materials would create minimal hazard to the public or environment. Furthermore, the City operates and maintains a household hazardous waste facility which would allow residents to safely dispose of household hazardous waste including, but not limited to, paint, household batteries, and electronic waste disposal (City of Simi Valley 2024c). Therefore, project operation would not result in substantial hazards due to routine transport, use, or disposal of hazardous materials or risk upset and accident conditions involving the release of hazardous materials. This impact would be less than significant. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school?

As described in Threshold IX(a-b), construction of the project would occur in accordance with applicable federal and state regulations which would minimize the potential for construction to result in the release of hazardous materials. The use of materials associated with construction such as cement and concrete and adhesives would be temporary and cease following completion of construction. The project includes residential uses which are not associated with the ongoing long-term handling of 146
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hazardous materials. Because the project does not involve development of any uses or operations that would result in the emission of hazardous materials, the project would not emit hazardous materials within one-quarter mile of an existing or proposed school. This impact would be less than significant.
d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code § 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
The following databased were reviewed in May 2024 for known hazardous materials contamination at the project site:
• SWRCB’s Geotracker database (SWRCB 2024)
• The California Department of Toxic Substances Control’s (DTSC) EnviroStor database (California Department of Toxic Substances Control, EnviorStor, https://www.envirostor.dtsc.ca.gov/public/ [As of June 2024]) Based on a review of these databases, no hazardous material sites are listed at the project site or surrounding vicinity. Therefore, the project would not be located on a hazardous materials site that would create a significant hazard to the public or the environment. No impact would occur.
e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area?
The closest airport to the project site is the Van Nuys Airport, which is approximately

11.6 miles southeast of the project site. The project site is outside of the noise contours for the Van Nuys Airport (Los Angeles World Airports, Van Nuys - Quarterly Noise Report, https://www.lawa.org/lawa-environment/noise-management/van-nuys/vnyquarterly-noise-report [As of June 2024]). Therefore, the project would not result in a safety hazard or excessive noise for people residing or working in the project area due to proximity to an airport. No impact would occur.
f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
The City’s SEMS Multi-Hazard Functional Plan (Emergency Plan) identifies emergency response actions, including evacuation procedures, in the event of a hazard occurring, including a hazardous material incident, earthquakes, flooding, dam failure, and wildfire, (City of Simi Valley, SEMS Multi-Hazard Functional Plan. [As of June 2024]). No roads would be permanently closed as a result of the construction or operation of the project. In fact, the project would create a new road/driveway connecting Oak Road to Shunk Road (see Section 16, Site Plan). The project would also not involve the development of structures that could potentially impair 147
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implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. Access to the project site would be provided via East Los Angeles Avenue and there would be a secondary entrance off Shunk Road.

Implementation of the project would not interfere with existing emergency evacuation plans or emergency response plans in the area. Impacts would be less than significant.
g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires?
The project site is not in or near a Very High Fire Hazard Severity Zone or state responsibility area. The nearest Very High Fire Hazard Severity Zone is approximately

0.4 miles south of the project site (California Department of Forestry and Fire Protection, Fire Hazard Severity Zones in State Responsibility Area, https://osfm.fire.ca.gov/what-we-do/community-wildfire-preparedness-andmitigation/fire-hazard-severity-zones [As of June 2024]). The project site is within a developed area surrounded by existing development. Therefore, the project would not expose people or structures to a significant risk of loss, injury or death involving wildland fires. No impact would occur.

X. HYDROLOGY AND WATER QUALITY: Would the project:
a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality?
Project demolition and construction activities, including on-site operation of heavy equipment during grading, would temporarily result in the disturbance of surface and subsurface soils which could potentially result in erosion and sedimentation. As described in Environmental Checklist Section VII, Geology and Soils, construction would comply with the Construction Stormwater General Permit, which requires preparation and implementation of a SWPPP and associated BMPs to control stormwater run-on and runoff from construction work sites. In addition, SVMC § 6-

12.501 requires BMPs to be implemented during construction activities. BMPs may include, but would not be limited to, physical barriers to reduce erosion and sedimentation, construction of sedimentation basins, limitations on work periods during storm events, use of infiltration swales, protection of stockpiled materials, and a variety of other measures to be identified by a qualified SWPPP developer that would substantially reduce erosion from occurring during construction. With adherence to these regulations, project construction would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality. Therefore, this impact would be less than significant.

During operation, the project would be required to comply with the standards and requirements of SVMC § 6-12.402 which sets forth Post-Construction BMP’s. The project would include four sump areas to collect and convey storm water runoff to a proposed private onsite underground detention/ storm drain system. The stormwater 148
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retention basins and underground chambers would be designed to filter stormwater and minimize the amount of pollutants in stormwater runoff at the project site. Each sump area will be equipped with a catch basin that will divert low flows to the proposed Biofiltration vault for water quality treatment. These catch basins and the onsite private storm drain systems are designed to convey the post-developed 100-year storm event. To demonstrate compliance with these requirements, a Stormwater Control Plan would be required for the project. By complying with existing state and local regulations and incorporating design provisions to reduce stormwater pollutants, the project would not violate water quality standards or waste discharge requirements.

However, the possibility of pump failure during project operation cannot be ruled out.

Therefore, this impact would be potentially significant, and Mitigation Measure HYDRO-1 and Mitigation Measure HYDRO-2 are required to reduce potential impacts.

Mitigation Measure HYDRO-1 would set standard procedures in the event of pump failure and Mitigation Measure HYDRO-2 would ensure that positive drainage away from the proposed structures would be provided and maintained through the life of proposed structures. Implementation of these measures would reduce the proposed project’s potential to violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality to a less than significant level.

Mitigation Measure
HYDRO-1
The project relies on pumping to prevent stormwater discharge impacts to the adjacent properties; however, there is still the potential for the pumping equipment to fail to perform during a storm event. To reduce this impact to a less than significant level:

A. Permittee must design the stormwater pumping facilities for emergency operation in the event of a power outage.

B. Permittee must prepare an operations and maintenance manual to ensure inspection, maintenance, repair and replacement as necessary for the life of the project.

C. Permittee must prepare an emergency operations plan for the stormwater pumping facilities for approval by the Director of Public Works, or designee.

HYDRO-2 Site Drainage
Positive drainage away from the proposed structures must be provided and maintained.

Roof, pad, and lot drainage must be collected and directed away from the structures toward approved disposal areas through drainage terraces, gutters, down drains, and other devices. Design fine grade elevations must be maintained through the life of the structure or if design fine grade elevations are altered, adequate area drains must be installed in order to provide rapid discharge of water, away from structures. 149
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Significance After Mitigation
Implementation of Mitigation Measure HYDRO-1 would reduce potential impacts to a less than significant level by requiring that, in the case of failure, the design of the stormwater pumping facilities are prepared for emergency operation. This impact would be less than significant with mitigation incorporated.
b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?
The project site overlies the Simi Valley Basin. The project would introduce additional impervious surfaces compared to existing conditions. However, the project includes landscaping which would allow for stormwater to percolate to groundwater at the project site. The project would receive water from the City, which sources water, in part, from the Simi Valley Basin (City of Simi Valley, 2020 Urban Water Management Plan,
https://www.simivalley.org/home/showpublisheddocument/23836/637692800991770 000 [As of June 2024]. Within the Simi Valley Basin lies the Gillibrand Subbasin, from which the City, Ventura County Waterworks District No. 8 (VCWWD8) pumps using two wells. A Groundwater Management Plan has been developed and both users in the Subbasin, VCWWD8 and the Gillibrand Company, have agreed to abide by the yield conditions described in the Groundwater Management Plan Gillibrand Basin. The Geohydrologic Evaluation of Maximum Perennial Yield, Tapo Canyon Tributary subarea estimates a sustainable yield of 1,350 acre feet per year (AFY) and establishes a monitoring and re-evaluation process to calibrate and refine the sustainable yield (Id.). The City anticipates having sufficient supply to reliably meet projected water demands in the City through 2045 (Id.). The project would receive groundwater in accordance with the City’s groundwater pumping restrictions which would ensure the project would not substantially decrease groundwater supplies or otherwise impede groundwater management of the Simi Valley Basin. This impact would be less than significant.
c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i. Result in substantial erosion or siltation on or off-site? The project site is flat and does not contain any streams. As described in Threshold X(a), project construction would adhere to the requirements of the Construction Stormwater General Permit and SVMC § 6-12.501 which requires implementation of BMPs to reduce erosion during construction. During operation, the project would not include ongoing activities that would have the potential to result in substantial erosion.

Operation of the project would be required to adhere to the City’s Post-Construction BMP’s and implement an operation and maintenance plan to demonstrate compliance 150
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with stormwater management requirements. By complying with existing state and local regulations and incorporating design provisions to reduce stormwater pollutants, the project would not violate water quality standards or waste discharge requirements.

However, as discussed in the Geotechnical Report adherence to site drainage recommendations are required (Appendix E). Therefore, this impact would be potentially significant, and Mitigation Measure HYDRO-2 (see impact discussion Xa) are required to reduce potential impacts. These mitigation measures would ensure the reliable operation of stormwater pumping facilities and set standard drainage procedures for the project, thus reducing the project’s potential to result in substantial erosion or siltation, on or off-site, to a less than significant level.

With adherence to Mitigation Measure HYDRO-1 and Mitigation Measure HYDRO-2, the proposed project would not result in substantial erosion or siltation on- or off-site and this impact would be less than significant with mitigation incorporated. ii. Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off site?
As described under Impact Discussion 10.c.i, proposed grading and earthwork activities on the project site would alter the site’s existing drainage patterns but would not substantially alter the drainage pattern of the local area. According to the project’s Preliminary Drainage Report, the proposed onsite private underground storm drain system and components have been designed to convey the postdeveloped 100-year storm event to support development of the site. The City requires the sites drainage to be managed so that the peak flow rate after development during a 100-year storm is reduced to the rate from a 10-year storm before development. The proposed development has been designed overall to reduce or match historic drainage conditions include peak flow rates, volume mitigation, and would be required to comply with Mitigation Measure HYDRO-2. To achieve this, an underground detention system and a controlled sump pump would be installed. However, the possibility of pump failure during project operation cannot be ruled out as detailed in Xa and compliance with HYDRO-1 would be required.

Therefore, this impact would be potentially significant, and Mitigation Measure HYDRO-1 and HYDRO-2 is required to reduce potential impacts.

12.501 which requires implementation of BMPs to reduce stormwater pollutants during construction. Operation of the project would be required to adhere to SVMC § 6-12.402 Post-Construction BMP’s. In addition to the stormwater management areas, the project would include landscaped areas which would allow for groundwater percolation. With adherence to these regulatory requirements, and Mitigation Measure HYDRO-1 and HYDRO-2, this impact would be less than significant with mitigation incorporated.

Significance After Mitigation
Implementation of Mitigation Measure HYDRO-1 and HYDRO-2 would reduce potential impacts to a less than significant level by requiring that, in the case of failure, the design of the stormwater pumping facilities are prepared for emergency operation and requiring drainage procedures. Therefore, the proposed project would not create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff. iv. Impede or redirect flood flows?
According to the Preliminary Drainage Report (Appendix G), the site will drain to an on-site underground detention system with a mitigated stormwater sump pump system with set discharge rate. Therefore, Mitigation Measure HYDRO-1 and Mitigation Measure HYDRO-2 are required. The onsite underground detention will comply with both the City and Ventura County Watershed Protection District requirements, and reduce the post development discharge to be equal to or less than the existing condition discharge. All storm water flows will be detained before leaving the site. Since on-site drainage will be directed to an on-site detention system, the project will substantially contain flood flow, over current developed conditions. The proposed development will collect and convey a portion of the storm water runoff with an onsite private gravity storm drain system, discharging flows through a proposed parkway drain on Los Angeles Avenue. The remaining portion of the proposed development’s stormwater will be collected and discharged by a pumping facility to the southeast corner of the property onto Oak Road. Biofiltration Vaults have been incorporated into the site’s drainage design to collect and treat the required water quality flow rates per the Ventura County Technical Guidance Manual. During larger storm events and when the detention/ sump pump system reaches capacity, storm water runoff will bypass and overflow into the catch basins and overflow to the southwest corner of site. Wall knockouts are proposed along 152
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the westerly property line screen wall to convey emergency overflow off the site.

The Biofiltration Vaults will continue treating storm water runoff until the water surface levels subside. Therefore, this impact would be potentially significant, and Mitigation Measure HYDRO-1 and Mitigation Measure HYDRO-2 are required to reduce potential impacts.

Significance After Mitigation
Implementation of Mitigation Measure HYDRO-1 and Mitigation Measure HYDRO2 would reduce potential impacts to a less than significant level by requiring that, in the case of failure, the design and construction of the stormwater pumping facilities are prepared for emergency operation (Mitigation Measure HYDRO-1) and requiring that positive drainage away from the proposed structures would be provided and maintained through the life of proposed structures (Mitigation Measure HYDRO-2). This impact would be less than significant with mitigation incorporated.
d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
The project site is not near any major bodies of enclosed water and is approximately 23 miles from the Pacific Ocean. Therefore, the site is not in a seiche or tsunami zone.

The site is in an area of minimal flood hazard (Federal Emergency Management Agency (FEMA), National Flood Hazard Layer Viewer, https://hazardsfema.maps.arcgis.com/apps/webappviewer/index.html?id=8b0adb51996444d48793 38b5529aa9cd [As of June 2024]). The project does not involve storage or processing of pollutants other than minor quantities of typical household hazardous wastes such as, cleaning agents and landscaping maintenance materials, that could be released due to inundation must such an event occur. In addition, the existing on-site contamination would be remediated under Mitigation Measure HYDRO-1 and Mitigation Measure HYDRO-2. Therefore, this impact would be potentially significant, and Mitigation Measure HYDRO-1 and HYDRO-2 are required to reduce potential impacts.

Significance After Mitigation
Implementation of Mitigation Measure HYDRO-1 and Mitigation Measure HYDRO-2 would reduce potential impacts to a less than significant level by requiring that, in the case of failure, the design of the stormwater pumping facilities are prepared for emergency. Therefore, potential impacts related to the release of pollutants due to project inundation would be less than significant with incorporated mitigation. e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
As discussed under Impact Discussion X.a., project-related construction and operational activities would be required to comply with SWRCB by preparing and 153
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adhering to a SWPPP. Implementation of the project would not conflict with or obstruct the Construction Stormwater General Permit and impacts would be less than significant. Additionally, as discussed under Impact Discussion X.b., the project would not substantially decrease groundwater supplies nor interfere substantially with groundwater recharge and therefore is not expected to conflict with or obstruct a sustainable groundwater management plan. Furthermore, the project site overlies the Simi Valley Basin, which is a low priority basin according to the Department of Water Resources (DWR) Sustainable Groundwater Management Act Basin Prioritization dashboard (Department of Water Resources, SGMA Basin Prioritization Dashboard, https://gis.water.ca.gov/app/bp-dashboard/final/ [As of June 2024]). Low priority basins are not required to adopt a groundwater sustainability plan. Therefore, the project would not conflict or obstruct implementation of a sustainable groundwater management plan. No component of the project would obstruct or prevent implementation of the management plan for the Simi Valley Basin. Therefore, the project’s construction and operation would not conflict with any sustainable management plan. Impacts would be less than significant.

XI. LAND USE AND PLANNING: Would the project:
a) Physically divide an established community?
The project does not include elements, such as the construction of highways, that would physically divide surrounding established communities. The project would not create, close, or impede existing public or private roads, or create barriers to movement or accessibility within the surrounding community. In fact, the project would create a new road/driveway connecting Oak Road to Shunk Road (see Section 16, Site Plan). Therefore, the project would not physically divide an established community. No impact would occur.
c) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect?
The project site currently has a land use classification of General Commercial, Residential Medium Density and is zoned Commercial Planned Development (CPD) and Residential Medium (RM). The project proposes to change the current land use and zoning to Residential High Density and Residential High (RH). The project has been designed in accordance with the requirements of the Residential High Density land use and RH zoning as designated by the City. According to SVMC § 9-24.020, the Residential High Density District is intended for areas of more compact multi-family residential developments and residential density in this zoning district may range from

10.1 to 20 units per acre. The project proposes 20 homes per acre. Once approved, the project would be consistent with the land use and zoning on site. Furthermore, the proposed residential land use and zoning would be consistent with the land use and zoning designations of residences surrounding the project. As such, the project’s proposed land use and zoning changes would not introduce incompatible 154
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development with the surrounding area or otherwise result in environmental impacts due to land use conflicts. Therefore, this impact would be less than significant.

XII. MINERAL RESOURCES: Would the project:
a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan?

(a-b) The project site is in the City of Simi Valley. The Simi Hills are situated to the south and east of the project, and the Santa Susana Mountains to the north. According to the Paleontological Assessment for the 1845 Oak Road Project, Holocene-aged alluvial fan deposits are mapped at the project site (Brian F. Smith and Associates 2022).

Within the City, the primary resource suitable for mining and conservation is oil (City of Simi Valley Mineral Resources, 2012a). Simi Valley contains areas of construction aggregate resources that, according to the State Mining and Geology Board Reclamation Regulations, are designated to be of regional significance. These areas include hillside deposits on Oak Ridge and the Simi Hills, portions of Oak Ridge extending from Long Canyon eastward to the Ventura County line, and areas above Meier and Runkle Canyons in the Simi Hills. The project site is approximately 3 miles east of the Simi Hills.

The project site is also outside the City designated Areas of Operational, Existing, or Abandoned Oil Facilities (California Department of Conservation, Oil and Gas Well Finder, https://maps.conservation.ca.gov/oilgas/#datalist [As of June 2024]). According to Figure 4.11-2 of the City’s General Plan EIR Mineral Resources Chapter, the project site is in Mineral Resource Zone 1 (MRZ-1). This zone indicates that no significant mineral deposits are present, or where it is judged that little likelihood exists for their presence.

Additionally, the project site is in an existing residential area zoned for residential use and surrounded by existing residences. Accordingly, the project site is not a location conducive for mineral resource extraction or mining. As such, the project would not result in the loss of availability of a valuable known mineral resource or locally important mineral resource recovery site. Therefore, this impact would be less than significant.

XIII. NOISE: Would the project result in:
a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Noise level (or volume) is generally measured in decibels (dB) using the A-weighted sound pressure level (dBA). Quiet urban areas typically have noise levels in the range of 40 to 50 dBA. Typically, the human ear can barely perceive the change in noise 155
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level of 3 dB. A change in 5 dB is readily perceptible, and a change in 10 dB is perceived as being twice or half as loud. One of the most frequently used noise metrics that considers both duration and sound power level is the equivalent noise level (Leq).

The Leq is defined as the sound level corresponding to a steady noise level over a given sample period with the same amount of acoustic energy as the actual time varying noise level. The time at which noise occurs is also important since nighttime noise tends to disturb people more than daytime noise. Community Noise Equivalent Level (CNEL) is the 24-hour average noise level with a 5 dBA penalty for noise occurring from 7:00 p.m. to 10:00 p.m. and a 10 dBA penalty for noise occurring from 10:00 p.m. to 7:00 a.m.

A Noise Impact Study was prepared by MD Acoustics for the project in August 2022 (Appendix H). As part of the Acoustical Analysis, two 15-minute ambient noise measurements were conducted at or near the property site on August 2, 2022. Noise data indicates that traffic along Los Angeles Avenue is the primary source of noise impacting the site and the adjacent uses. Noise levels ranged from a low of 44.4 dBA Leq between 12:39 pm and 12:54 pm to a high of 75.9 dBA between 12:05 pm and 12:20 pm. The exterior ambient noise level falls within the normally acceptable level of the Noise Compatibility Matrix and therefore the project must ensure that the levels fall below 45 dBA CNEL inside the residences (Appendix H).

The Noise Impact Study also includes noise level measurements and traffic counts to assess existing exterior and project scenario traffic noise. The measurements and traffic counts were taken at a distance of 80 feet from the roadway along Yosemite Avenue to Rory Lane. The noise level at 80 feet is representative of approximate distances to existing multi-family homes close to the subject roadway impacted by the project. The existing ambient noise from traffic exposure was determined to be approximately 70.7 dBA CNEL (Appendix H).

The Simi Valley General Plan describes the major noise sources and defines the goals and policies to include noise control in the planning process to maintain compatible land uses with acceptable environmental noise levels. In addition, the City’s interior and exterior noise standards, which represents specific noise standards for interior and exterior noise areas that are considered acceptable based on noise levels generated by adjacent mobile sources are identified, as follows:
• 45 dB(A), Residential Interior
• 63 dB(A), Residential Exterior
The nearest sensitive receivers in the project vicinity are single-family residences adjacent to the eastern and southern property lines and multifamily residential homes adjacent to the west. In addition, Ventura County Fire Department Station 43 adjacent to the project site. Construction activity would result in temporary noise in the project site vicinity, exposing surrounding nearby receivers to temporary increases in noise levels and potentially exceeding City exterior noise thresholds. However, construction would take place between the hours of 7:00am to 7:00pm, consistent with the allowable construction hours within SVMC § 5-16.02 (i). Construction noise is 156
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considered a short-term impact and would be considered significant if construction activities are taken outside the allowable times as described in the SVMC. Although construction noise is considered a short-term impact, construction noise will create a temporary or periodic increase in the ambient noise level above the existing levels in the project vicinity. According to the Federal Transit Administration (FTA), the construction noise standard for residential land use is 80 dBA Leq 8 hour (Federal Transit Administration, Transit Noise and Vibration Impact Assessment Manual, https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/researchinnovation/118131/transit-noise-and-vibration-impact-assessment-manual-fta-reportno-0123_0.pdf [As of June 2024] ). According to the Noise Impact Study, typical operating cycles for construction equipment may involve one or two minutes of full power operation followed by three or four minutes at lower power settings. At the southern property line, noise levels are expected to exceed the 80 dBA Leq 8-hour standard during the demolition (87.4 dBA), site preparation (84.6 dBA), grading (84.6 dBA), building (85.65 dBA) and paving (87.3 dBA) phases (Appendix H). Since construction activities can produce vibration that may be felt by adjacent land uses, this impact would be potentially significant, and Mitigation Measure NOI-1 is required to reduce potential impacts. Mitigation Measure NOI-1 would ensure construction activities do not disrupt adjacent land uses and would reduce the project’s potential to impact noise to a less than significant level.

The on-site stationary noise sources, such as HVAC and mechanical equipment planned for the project’s residences, were not modeled since the information available shows that the HVAC equipment for each unit is going to be located at each unit’s patio and on the ground level. Therefore, any noise generated by HVAC equipment will be enclosed by the project buildings.

The primary on-site operational noise source from the project would be one HVAC unit at each of the proposed residential buildings. Specific noise data for the future HVAC systems are not available at this stage of project design; however, this analysis assumes the use of a typical HVAC system for residential uses, which has a sound power level of 73 dBA that is equivalent to a sound pressure level (SPL) of 65 dBA at 3 feet. The unit used in this analysis is a 2.5-ton Carrier 24ABA4030 (see Appendix H for manufacturer’s specifications). According to the site Noise Impact Study, HVAC equipment for each unit is going to be located at each unit’s patio and on the ground level.

Per the Simi Valley General Plan, project impacts would be significant if exterior noise levels exceed 63 dBA at a residential property. For the purposes of this analysis, the unit closest to nearby sensitive receptors was analyzed. Ground level HVAC units on the proposed residential units would be as close as 35 feet to the residential property to the east. Noise levels would be approximately 44 dBA Leq at 35 feet to the residential property to the east, which would not exceed the exterior noise standard of 63 dBA Leq at residential properties. In addition, this is a conservative analysis that does not consider possible mechanical equipment shielding or attenuation resulting from the proposed residential buildings. Therefore, impacts related to stationary mechanical equipment noise would be less than significant. 157
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Following construction, future off-site exterior noise will be impacted by transportationrelated sources and other stationary sources. Potential off-site noise impacts caused by the increase in vehicular traffic as a result of the project were calculated at a distance of 80 feet along Yosemite Avenue to Rory Lane. As mentioned above, existing exterior noise levels are 70.7 dBA and existing conditions + project scenario was recorded at 70.8 dBA. The change in noise level because of the project would be a small increase in traffic noise of 0.1 dBA. Therefore, impacts are less than significant.

Interior noise levels were calculated for the sensitive receptors using a typical “windows open” and “windows closed” condition. A “windows open” condition assumes 12 dBA of noise attenuation from the exterior noise level. A “windows closed” condition assumes 20 dBA of noise attenuation from the exterior noise level. A “windows closed” condition simply means that in order to achieve a 45 dBA CNEL interior noise level, the windows must be closed and does not mean the windows must be fixed. As discussed in the Noise Impact Study, the interior noise level will be 58 dBA with the windows open and 50 dBA CNEL with the windows closed. To meet the City’s interior 45 dBA CNEL standard a “windows closed” condition is required.

Therefore, impacts are potentially significant, and mitigation is required. Mitigation Measure NOI-2 would ensure interior noise levels do not disrupt adjacent land uses and would reduce the project’s potential to impact noise to a less than significant level.

Mitigation Measure
NOI-1 Construction Noise. The Permittee must comply with the following:
• Construction may only occur during the hours of 7AM to 7PM. • During construction, the contractor must ensure all construction equipment is equipped with required noise attenuating devices including properly operating and maintained mufflers consistent with manufacturer’s standards.
• The contractor must locate equipment staging areas as far as possible, away from the nearest sensitive receptors.
• Idling equipment must be turned off when not in use.
• Equipment must be maintained so that vehicles and their loads are secured from rattling and banging.

NOI-2 Windows
The windows and sliding glass doors of all residences directly facing Los Angeles Avenue must have a minimum STC rating of 30 for the 1st floor and 2nd floors. In order to be able to achieve a “windows closed” condition for the purposes of noise reduction, the project must have mechanical fresh air ventilation (e.g., air conditioning) for all habitable dwelling units in order to ensure proper climate control with windows closed. 158
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Significance After Mitigation
With implementation of Mitigation Measure NOI-1, construction noise levels would be reduced by approximately 15 dBA (Harris, Cyril, 1991, Handbook of Acoustical Measurements and Noise Control Third Edition; Bies, Hansen, Howard, 2018, Engineering Noise Control Fifth Edition), at nearby residential properties to the east, south, and west. This would reduce construction noise levels to 72.3 (87.3 dBA -15 dBA) dBA Leq or less, which would be below the threshold of 80 dBA Leq, and this impact would be less than significant. With implementation of NOI-2 interior noise levels would be reduced, and impacts would be less than significant. b) Generation of excessive ground borne vibration or ground borne noise levels?

Construction of the project would not require the use of equipment such as pile drivers, which are known to generate substantial construction vibration levels or groundborne vibration during construction. The primary vibration source during construction that would generate groundborne noise may be from a bulldozer. At a distance of 80 feet, a large bulldozer would yield a worst-case 0.025 PPV (in/sec) which may be perceptible but sustainably below any risk of damage (0.5 in/sec PPV is the threshold of residential structures). Therefore, this impact is less than significant.

Operation of the project does not include new features that could generate substantial groundborne noise. Therefore, impacts related to exposure of persons to or generation of excessive groundborne noise or vibration levels would be less than significant.
c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?
The closest airport is the Van Nuys Airport, which is approximately 11.6 miles southeast of the project site. The project site is outside of the noise contours for the Van Nuys Airport (Los Angeles World Airports, Van Nuys - Quarterly Noise Report, https://www.lawa.org/lawa-environment/noise-management/van-nuys/vny-quarterlynoise-report [As of June 2024]). Therefore, the project would not expose people residing or working in the project area to excessive noise levels. No impact would occur.

XIV. POPULATION AND HOUSING: Would the project:
a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
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According to the California DOF, the City has an estimated population of 124,029 with an average household size of 2.98 persons (California Department of Finance, January Population and Housing Estimates: E-1 Cities, Counties, and the State Population and Housing Estimates with Annual Percent Change, https://dof.ca.gov/forecasting/demographics/estimates/ [As of May 2024]; City of Simi Valley, General Plan Chapter 4 Housing (2021-2029),
https://www.hcd.ca.gov/housing-elements/docs/simi-valley-5th-adopted021414.pdf [As of June 2024]). The City’s Housing Element estimates that the City’s population will increase to 136,700 by 2035, which is an increase of approximately 10 percent or 12,671 persons (Id.). Based on DOF’s population estimates, the 70 residential units under the proposed project would add approximately 209 residents (70 units x 2.98 persons per household) to the City’s population, which would result in an approximately 0.2 percent increase from the existing population of 124,029 residents.

This increase would be within the City’s 2035 population forecast and would therefore not result in unplanned population growth.

In addition, according to United States Census estimates, the City has a 2018-2022 existing housing stock of 43,936 units, which SCAG forecasts will increase by 3,464 units (an approximate 8 percent increase) to 47,400 units by 2035 (United States Census Bureau, City of Simi Valley Quick Facts,
https://www.census.gov/quickfacts/fact/table/venturacountycalifornia,simivalleycityca lifornia/POP715222 [As of June 2024]; Southern California Association of Governments, Connect SoCal 2024-2050 Regional Transportation Plan/Sustainable Communities Strategy, https://scag.ca.gov/sites/main/files/file-attachments/23-2987- connect-socal-2024-final-complete-040424.pdf?1714175547 [As of May 2024]). The 70 housing units under the proposed project represent approximately 0.1 percent of the projected increase in housing units. Given that the proposed project would not exceed SCAG’s 2035 population or housing forecasts, the project would not cause a substantial increase in population or induce unplanned population growth. Impacts would be less than significant.
b) Displace substantial numbers of people or existing people or housing, necessitating the construction of replacement housing elsewhere? The project site does not currently contain housing or habitable structures, and the project would not result in the removal of housing. Therefore, the project would not displace people or housing. There would be no impact.

XV. PUBLIC SERVICES:
a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services:
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i. Fire Protection?
ii. Police Protection?
iii. Schools?
iv. Parks?
v. Other public facilities?
(i). Fire protection is provided to the project site by the Ventura County Fire Protection District (VCFD). VCFD provides not only fire prevention, but also education, response, and communication.to the City's residents. The fire station closest to the project site is Fire Station 43, at 5874 E. Los Angeles Ave, adjacent to the project site (https://vcfd.org/about-vcfd/ [As of June 2024]). As discussed in Section XIV, Population and Housing, the project would involve the construction of 70 new residential units to accommodate 209 persons. While the VCFD could receive a slight increase in calls for fire and emergency medical services as a result of the project, the project would have a minimal impact on these services because the project site is within the incorporated boundaries of the County, and therefore within the service area of the VCFD. Additionally, the VCFD would review the proposed site plan before construction to ensure that required fire protection safety features, including building sprinklers and emergency access, comply with VCFD requirements. The project would also be required to comply with the applicable CBSC and California Fire Code (CFC).

Therefore, the project would receive adequate fire protection services. Because implementation of the project would comply with applicable CBSC and CFC requirements, the project would not result in the provision or need of new or expanded fire protection services and facilities to maintain acceptable performance standards.

Impacts on fire protection services would be less than significant. (ii). The Simi Valley Police Department (SVPD) would provide police protection services to the project site. The nearest station to the project site is Simi Valley Police Department headquarters, at 3901 Alamo St, approximately 2.7 miles northwest of the project site (City of Simi Valley, Police Department Website,
https://www.simivalley.org/departments/police-department [As of June 2024]). The project site is within the SVPD’s service area and is currently serviced by the SVPD.

The SVPD employs 124 sworn officers and a support staff of 65 civilians (City of Simi Valley, General Plan Environmental Impact Report Public Resources, https://www.simivalley.org/home/showpublisheddocument/6888/63697574453400000 0 [As of June 2024]). Based upon an estimated 2006 population of 122,700, the SVPD provides about 1 officer per 1,000 residents. The 209 residents generated by the project would incrementally increase the demand for police services. However, the project site is in an area that is already serviced by SVPD, and the project would include exterior lighting for security purposes, which would promote safety and reduce the demand for police services. Based on the foregoing, the project would receive adequate police protection service and would not result in the need for new or physically altered police protection facilities. Impacts on police protection facilities would be less than significant. (iii). The project site is served by the Simi Valley Unified School District (SVUSD). The SVUSD presently operates twenty-one elementary schools (grades K–6), three middle schools (grades 6–8), three high schools (grades 9–12), one continuation high school (grade 10–12), one adult school, and one independent/alternative school (City 161
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of Simi Valley, General Plan Environmental Impact Report Public Resources, https://www.simivalley.org/home/showpublisheddocument/6888/636975744534000 000 [As of June 2024]). The project site is within the service boundaries of the following neighborhood public schools: Katherine Elementary School (0.5 miles west of the project site at 5455 Katherine Street), White Oak Elementary School (0.6 miles east at 2201 Alscot Avenue) and Simi Valley High School (0.7 miles north of the project site at 5400 Cochran Street) (Simi Valley Unified School District, School Boundary Map, https://www.simivalleyusd.org/about-simi-schools/school-boundarymaps [As of June 2024] ).

The additional residents that the project generates would increase the number of students attending schools in the SVUSD. The project would add approximately 24 new students, based on a generation rate of 0.33 students per multi-family apartment (70 units X 0.33 students per dwelling unit) (City of Simi Valley, General Plan Environmental Impact Report Public Resources,
https://www.simivalley.org/home/showpublisheddocument/6888/636975744534000 000 [As of June 2024]). Although 24 new students would be considered a nominal increase, the applicant for the project would be required to pay school development fees before the issuance of building permits, as dictated by State law. According to Government Code § 65996, payment of such fees constitutes full mitigation of any school impacts under CEQA. Therefore, impacts from the increase in school enrollment would be offset by the required payment of development fees. This impact would be less than significant
(iv). The Rancho Simi Recreation and Park District (Park District) is an independent special district that owns, operates, and maintains parks and open space areas in Simi Valley.

The Park District maintains and operates 50 parks in the City of Simi Valley totaling 1,212 acres of parklands available to the City’s 124,029 residents (City of Simi Valley, General Plan Environmental Impact Report Recreation,
https://www.simivalley.org/home/showpublisheddocument/6892/63697744290713000 0 [As of June 2024]). This is approximately 9.77 acres of parkland for every thousand people in the Simi Valley Growth Area (1,212 / 124,029 x 1,000). This ratio complies with the standard five acres per 1,000 people established in SVMC § 9-68.050. The added population of 209 residents would incrementally increase the demand for parks and recreation facilities. Pursuant to SVMC Chapter 9-68 the project would be required to pay Park Land Dedication/In-Lieu fees to the Park District before issuance of building permits. Therefore, the project would not create capacity or service level problems, substantially increase use of existing parks, or result in substantial physical impacts associated with the provision of new or altered park facilities. Accordingly, impacts to park facilities would be less than significant.
(v) The Simi Valley Public Library provides library services for the City. For the 2022-2023 Fiscal Year the Simi Valley Public Library had 142,731 library visits, 2,887 public service hours, 10,846 uses of public internet computers 190,660 wireless sessions and 34,959 registered borrowers (City of Simi Valley Public Library, Annual Report Fiscal Year 2022-2023, https://simivalleylibrary.org/wp-content/uploads/2023/09/Simi-ValleyAnnual-Report-2023-FINAL.pdf [As of June 2024] ). The Simi Valley Public Library is approximately 2.7 miles northwest of the project site, at 2969 Tapo Canyon Road. 162
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The project would add approximately 209 new residents to Simi Valley, increasing demand for library services. However, as described in Section XIV, Population and Housing of this IS-MND, the population of Simi Valley is anticipated to grow to 136,700 persons by 2035 (City of Simi Valley 2023), and the increase in residents due to the project accounts for less than one percent of the overall increase. Thus, the number of residents introduced by the project would not be a substantial percentage of total expected growth and as such, would not constitute significant or unplanned growth.

Furthermore, the Simi Valley Public Library would accommodate the needs of increased population. Therefore, the impact related to the provision of library services or other public facilities under the proposed project would be less than significant.

XVI. RECREATION:
a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment?
(a-b) The Rancho Simi Recreation and Park District has established 50 parks and preserved over 5,600 acres of open space that is now used for hiking, biking, horseback riding and wildlife preservation. The Park District also operates two equestrian centers, two swimming pools, two golf courses, and numerous sports and other recreation amenities.

The Park District owns 124.4 acres of Community Parks (Rancho Madera Community Park, Rancho Tapo Community Park, Rancho Santa Susana Community Park, and Rancho Simi Community Park), 204.7 acres of Neighborhood Parks, 577.0 acres of Natural Parks (Challenger Park, Corriganville Park, Corriganville Movie Ranch; Tierra Rejada Park; and Rocky Pointe Natural Park), 304.4 acres of Special Use Parks (Arroyo Simi Equestrian Center, Strathearn Historical Park and Museum, Sycamore Drive Community Center, Simi Dog Park, Simi Hills Golf Course and Sinaloa Golf Course), and 1.7 acres of Mini Parks in Simi Valley (City of Simi Valley, General Plan Environmental Impact Report Recreation,
https://www.simivalley.org/home/showpublisheddocument/6892/636977442907130000 [As of June 2024]). The nearest park to the project site is Arroyostow Park approximately

0.3 miles southwest of the project site.

The project would increase the City population by approximately 209 residents, which would incrementally increase demand on local parks and recreational facilities. The proposed multi-family apartment complex would provide active and passive recreational opportunities on the project site by providing a centrally located common green space with decorative paving with barbecue and picnic tables, benches, an accent tree grove, and a play lawn with canopy trees. The onsite facilities would alleviate the incremental increase in demand on local parks and recreational facilities caused by the project. 163
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As discussed in Section XV(v), Public Services, the City maintains a standard of five acres of parkland per 1,000 residents, which is met and exceeded by existing parks and open space within the City. Additionally, pursuant to SVMC Chapter 9-68, the project would be required to pay growth mitigation fees for the purpose of establishing or developing park and recreation facilities to serve the future residents of the property. The project would add population to the City but would also add green space, and the project would not substantially impact the City’s current park to population ratio. With compliance with the SVMC and required growth mitigation fees, the project would not result in the deterioration of existing neighborhood or regional parks and would not result in the need for new recreational facilities, the development of which could cause an adverse physical impact on the environment. Impacts would be less than significant.

XVII. TRANSPORTATION: Would the project:
a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? The following is based on the Traffic Impact Analysis prepared for the project by TJW Engineering, INC. in September 2022 (Appendix B). Class II bike lanes exist on E Los Angeles Avenue. A Class II bike lane is proposed on Yosemite Avenue. Roadways adjacent to the proposed project site and site access points will be constructed in compliance with recommended roadway classifications and respective cross-sections in the City of Simi Valley General Plan or as directed by the City Engineer.

To determine if the additional traffic generated by the project will result in a delay in intersection operations or excessive queuing into adjacent upstream intersections.

This analysis uses a Level of Service (LOS) metric, which is a different analysis than the VMT analysis used to determine a potential environmental impact pursuant to CEQA. The City has established level of service “C” or better as acceptable LOS for all intersections along the designated street and highway system in the City’s General Plan Circulation Element (Appendix I). Based on the results of the Traffic Impact Analysis, the project would meet the City’s LOS operating standards, and therefore would be consistent with the City’s Circulation Element (Appendix I). Therefore, the project would not conflict with a program, plan, ordinance, or policy addressing the circulation system. No impact would occur
b) Conflict or be inconsistent with CEQA Guidelines § 15064.3, subdivision (b)?

Beginning July 1, 2020, CEQA analysis for determining potentially significant transportation impacts from vehicles, transitioned from an automobile delay or capacity measure, to a Vehicle Miles Traveled (VMT) metric in evaluating a project’s environmental impacts under CEQA, as required by Senate Bill (SB) 743 (Gov. Code, §§ 65088.1 and 65088.4; Pub. Resources Code, §§ 21009, 21155.4, 21168.6.6, 21181, 21183, 21185, 21186, 21187, 21189.1, and 21189.3). Cal. Code Regs., tit. 14, 164
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§ 15064.3 establishes VMT as the most appropriate measure of transportation impacts, shifting away from the analysis of a project’s effect on level of service on nearby roadways and at intersections.

The State Office of Planning and Research (OPR) Technical Advisory identified project conditions to be reviewed at the CEQA Checklist stage to determine if a project can be presumed to have a less than significant CEQA transportation impact or if further analysis is required. CEQA lead agencies, such as the City, may set their own screening criteria related to transportation impacts, and determine if conditions of approval required of a project meets these criteria, when determining the significance of transportation impacts under CEQA.

The City’s screening criteria to determine if projects may be exempt from VMT Analysis include the following:
• Projects that generate less than 110 trips per day (net) as calculated using Trip Generation.
• Standalone retail projects less than 50,000 square feet in gross floor area located within neighborhoods.
• Community-serving projects such as parks, libraries, or other projects deemed by the City Engineer to have a less than significant impact. • Projects with 100% affordable residential units.
• Projects located within 0.5 miles of the Simi Valley Metrolink Station. • Projects located with mapped areas of 5% below the City’s background VMT, as determined by the City Transportation Analysis Model.

TJW Engineering, Inc. prepared a VMT Screening for the proposed project. The City indicates no VMT analysis will be required (Appendix B). Therefore, the project is screened from a VMT analysis and the project’s potential impacts on the environment related to a conflict or inconsistency with CEQA Guidelines § 15064.3, subdivision (b) would be less than significant.
c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible use (e.g., farm equipment)? The project would be developed on existing parcels and would not alter or affect existing street and intersection networks. SVMC § 9-34.090 has specific design requirements for new access drives. These include minimum standards for width, grade, angle, surface, and clearance. In addition, the project would be required to comply with the CFC. Compliance with these standards would prevent hazardous design features and would ensure adequate and safe site access and circulation. The project would not introduce incompatible uses, including vehicles or equipment, to the site or the surrounding area. No impact would occur.
d) Result in inadequate emergency access?
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Access to the project site would be provided from East Los Angeles Avenue on Oak Road and a secondary entrance would be located off Shunk Road. The project design would be required to comply with all building, fire, and safety codes and development plans would be subject to review and approval by the SVMC. The project would be required to comply with SVMC § 9-34.090, which ensures adequate and safe access onto a public right-of-way. The project would be reviewed by the Ventura County Fire Department to ensure the project’s circulation patterns are adequately sized to accommodate emergency vehicles and the turning radii of emergency vehicles in accordance with the CFC. Required reviews would ensure first responders could adequately access the project site. Therefore, the project would have no impact on emergency access.

XVIII. TRIBAL CULTURAL RESOURCES
Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code § 21074 as either a site, feature, place, or cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code § 5020.1(k), or
b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code § 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code § 5024.1, the lead agency must consider the significance of the resource to a California Native American tribe (a-b) The project site was previously graded and developed with a preschool. The previous development would likely have compromised any potential tribal cultural resources. The project included a consultation with Native American tribal groups. The Gabrielino-Tongva Indians of California advised that the property is less than one mile from the Arroyo Simi which was a thoroughfare route that was used for 7,000 years and considered a sacred site. It was recommended that any ground disturbance for the project be monitored by a Native American. The Fernandeno Tataviam Band of Mission Indians state the site may be fairly sensitive for cultural resources and recommended archaeological and Native American monitoring for ground disturbance activities.

To comply with state law AB52, the City invited local interested tribes to consult on the project. The Fernandeno Tataviam Tribe of Mission Indians (FTBMI) found the project area to be sensitive for Tribal Cultural Resources, and provided recommendations that would protect potential resources discovered. Therefore, the applicant has incorporated 166
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the following mitigation measures into the project that incorporate the measures recommended by both tribes.

TCR-1 The project applicant must retain a professional Tribal Monitor identified by the Fernandeño Tataviam Band of Mission Indians (FTBMI) to observe the following ground-disturbing activities; grading, excavating, trenching, digging or similar activity. Tribal Monitoring Services will continue until confirmation is received from the project applicant, in writing, that all scheduled activities pertaining to Tribal Monitoring are complete. If the Project’s scheduled activities require the Tribal Monitor to leave the Project for a period of time and return, confirmation must be submitted to the Tribe by the Applicant, in writing, upon completion of each set of scheduled activities and five days’ notice (if possible) must be submitted to the Tribe by the Applicant, in writing, before starting each set of scheduled activities. If cultural resources are encountered, the Tribal Monitor may request that ground-disturbing activities cease within 60 feet of discovery and a qualified archaeologist meeting Secretary of Interior standards retained by the project applicant as well as the Tribal Monitor must assess the find.

TCR-2 If human remains or funerary objects are encountered during any activities associated with the Project, work in the immediate vicinity (within a 100-foot buffer of the find) must cease and the County Coroner must be contacted pursuant to Health and Safety Code § 7050.5. The Health and Safety Code must be enforced for the duration of the Project. Inadvertent discoveries of human remains and/or funerary object(s) are subject to Health and Safety Code § 7050.5, and the subsequent disposition of those discoveries must be decided by the Most Likely Descendant (MLD), as determined by the Native American Heritage Commission (NAHC), should those findings be determined as Native American in origin.

TCR-3 The City and Applicant must, in good faith, consult with the FTBMI on the disposition and treatment of any Tribal Cultural Resource encountered during all ground-disturbing activities
Therefore, with incorporation of the above mitigation measures, there is a less than significant impact to the environment from a substantial adverse change in the significance of a tribal cultural resource.

XIX. UTILITIES AND SERVICE SYSTEMS: Would the project:
a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects?
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Water
Waterworks Services in Simi Valley are currently provided through two suppliers of water: Golden State Water Company (GSWC) and City/Ventura County Waterworks District No. 8 (the District). Approximately sixty percent of the City is served by the District, which is managed by the City with the City Council serving as its Board of Directors. The Golden State Water Company is a private company, which provides water service to the other forty percent of the City, including the project site.

GSWC currently obtains its water supply for the Simi Valley System from imported water purchased from the Calleguas Municipal Water District and groundwater.

Between 2011 and 2015, purchased water quantities ranged from 5,243 to 6,873 acrefeet per year (AFY). The Simi Valley System is also supplied by two GSWC-owned wells in the Simi Valley Groundwater Basin. As of 2015, GSWC supplied 5,350 AFY of water to 13,466 connections.

GSWC indicated in the “Preliminary Can and Will Serve Letter”,,” dated April 15, 2024, that theyit will be able to provide domestic and fire protection water service to the proposed project subject to the requirements listed in this letter.

The project’s estimated water demand would be approximately 2.6 million gallons per year for the indoor water use and approximately 129,276 gallons per year for outdoor water use (Appendix A), or approximately 72,691 gallons per day, which is approximately 0.4 percent of Simi Valley’s water supply. Therefore, impacts would be less than significant.

Wastewater
The Sanitation Services Division of the City’s Department of Public Works operates the City’s sanitary sewer system and Water Quality Control Plant. Wastewater from the project would be collected by the existing sewer system. All the wastewater from the project would be treated at the City’s wastewater treatment facility. Based on a calculation by the City’s Department of Public Works, one equivalent dwelling unit (EDU) produces 275 gallons of sewage per day (City of Simi Valley, Sewer Master Plan,
https://www.simivalley.org/home/showpublisheddocument/13755/6363891274214700 00 [As of June 2024]). Based on this, the project’s 70 apartment units would produce approximately 19,250 gallons of sewage per day (70 x 275). Currently, the City’s Wastewater Treatment Plant handles approximately 10 million gallons of sewage per day (mgd) (City of Simi Valley 2024e). The project would account for 0.2 percent of the daily sewage handled by the City’s Wastewater Treatment Plant. The facility’s capacity is 12.5 mgd and the wastewater collection system and the City’s water delivery system have not reached capacity. Therefore, no additional water or wastewater treatment facilities are required. Based on this information, the project would not generate sewage that exceeds the limits of the City’s Wastewater Treatment Plant, and impacts would be less than significant.
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Stormwater
The project site would continue to connect to the existing storm drain system operated and maintained by the City. The proposed project would increase impervious surfaces over the project site due to construction of the 70-unit residential development. As discussed in Section X, Hydrology and Water Quality, the project would be required to comply with the SVMC and Construction Stormwater General Permit, which require implementation of a SWPPP and associated BMPs to control stormwater run-on and runoff from construction work sites. The project would also be required to comply with Mitigation Measure HYDRO-1 and HYDRO-2, which requires various measures to avoid the potential for failure of on-site stormwater pumping equipment to perform during a storm event. Therefore, impacts would be potentially significant and mitigation is required.

Significance After Mitigation
Implementation of Mitigation Measure HYDRO-1 would reduce potential impacts to a less than significant level by requiring that, in the case of failure, the design of the stormwater pumping facilities are prepared for emergency operation. Therefore, impacts related to new or expanded stormwater facilities would be less than significant with mitigation incorporated.

Electric Power, Natural Gas, and Telecommunications

Electricity would be provided to the project site by Southern California Edison and natural gas would be provided by the Southern California Gas Company.

Telecommunications are generally available in the project area, and facility upgrades would not likely be necessary. Therefore, there is a less than significant impact on the environment from the project requiring or resulting in the relocation or construction of new or expanded electric power, natural gas, or telecommunications facilities. b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? Water supply in Simi Valley is currently provided through two suppliers: Golden State Water Company (GSWC) and City of Simi Valley/Waterworks District No. 8 (District).

GSWC is a private company that provides water service to approximately 40 percent of the City, including the project site. GSWC currently obtains its water supply for the Simi Valley System from imported water purchased from the Calleguas Municipal Water District and groundwater. Between 2011 and 2015, purchased water quantities ranged from 5,243 to 6,873 acre-feet per year (AFY). The Simi Valley System is also supplied by two GSWC-owned wells in the Simi Valley Groundwater Basin. As of 2015, GSWC supplied 5,350 AFY of water to 13,466 connections.

Based on available supply projections for GSWC provided by the Calleguas Municipal Water District, available supply is expected to be equal to the demand for the multiple169 Potentially
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dry year scenarios through 2040. The demand in water supply in GSWC’s Simi Valley System area is anticipated to increase 483 acre feet per year (AFY) from 7,601 AFY in 2015 to 8,084 AFY in 2040. The UWMP utilized SCAG population growth forecasts to project water demand within the service area. As discussed in Section XIV, Population and Housing, the proposed project would not generate population growth exceeding SCAG population forecasts for Simi Valley. Therefore, the project’s population and associated water demand increase was accounted for in the UWMP.

The proposed project would be constructed in accordance with all applicable CBSC standards, including those that mandate water-efficient fixtures and features, and would also be mandated to adhere to applicable water conservation measures for landscaping. According to CalEEMod results (Appendix A), the proposed project would demand approximately 2.6 million gallons of water per year, or approximately

81.5 AFY. The demand in water supply in GSWC’s Simi Valley System area is anticipated to increase 483 acre feet per year (AFY) from 7,601 AFY in 2015 to 8,084 AFY in 2040. The proposed project’s water demand would account for approximately

1.07 percent of GSWC’s anticipated water demand in 2015 and 1.01 percent of GSWC’s anticipated water demand in 2040 and therefore would be accommodated by the water supply available for the City during normal, single dry year, and multiple dry year conditions through the year 2040. In addition, the Golden State Water Company has provided a preliminary can and will serve letter for the project stating the Golden State Water Company will be able to provide domestic and fire protection water service to the proposed project. No significant adverse impacts related to water supply would occur.
c) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? The Sanitation Services Division of the Public Works Department provides the conveyance and treatment of sewage for the City. Wastewater is transported to the Water Quality Control Plant (Treatment Plant). As discussed in section XIX.a, the project’s 70 apartment units would produce approximately 19,250 gallons of sewage per day (70 x 275). The Treatment Plant is rated to accept 12.5 million gallons per day (MGD) of wastewater. The project would account for 0.2% of the Treatment Plant’s wastewater treatment capacity per day. Therefore, the project-generated wastewater would be adequately served by available capacity at the Treatment Plant, and impacts would be less than significant.
d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals?
e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste?
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The Simi Valley Landfill and Recycling Center (SVLRC) currently provides approximately 60 percent of Ventura County’s daily refuse disposal needs and 100 percent of the City’s daily refuse disposal needs. The anticipated life for the landfill at its currently permitted capacity is March 2063. The last reported remaining capacity at the landfill was approximately 82 million cubic yards (California Department of Resources Recycling and Recovery, Simi Valley Landfill & Recycling Center, https://www2.calrecycle.ca.gov/SolidWaste/SiteActivity/Details/608?siteID=3954 [As of June 2024]). The Simi Valley Landfill and Recycling Center has a maximum permitted throughput of 64,750 tons of solid waste per day. Construction of the project would generate solid waste, including construction debris. This construction debris would include materials such as scrap wood, concrete, and plaster materials.

Construction debris would be removed and disposed of in a timely manner and in accordance with all applicable laws and regulations. The handling of all debris and waste generated during construction of the project would be subject to CALGreen requirements and the California Integrated Waste Management Act of 1989 (AB 939; Pub. Resources Code, §§ 40000 et seq) requirements for salvaging, recycling, and reuse of materials from construction activity on the project site. In accordance with CALGreen requirements, the project would be required to achieve a minimum of 65 percent diversion rate for construction waste. The removal of construction debris would only occur during the construction period and would be hauled to a facility that allows the inert debris (gravel, rocks, soil, etc.). Therefore, construction of the proposed project would not contribute to an exceedance of the permitted capacity of any local landfill.

According to the CalEEMod results (see Appendix A), operation of the proposed project would generate approximately 51.8 tons of solid waste per year or 0.1 tons per day. The project’s anticipated daily solid waste generation would account for approximately 0.001 percent of the SVLRC permitted throughput. Because the project would generate a relatively small amount of solid waste per day as compared to the permitted throughput at the receiving landfills, impacts to the SVLRC facilities during the project’s long-term operational activities would be less than significant. In addition, the proposed project would comply with federal, State, and local statues and regulations related to solid waste, such as AB 939 and the City’s recycling programs for residences. The proposed project would also be required to be designed to ensure that ensure that proposed trash enclosure areas contain adequate space for multiple container types, (e.g., Municipal Solid Waste, Solid Waste Recycling, and Organic Waste Recycling), to comply with applicable law. Therefore, no significant adverse impacts related to solid waste would occur.

XX. WILDFIRE: If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
a) Substantially impair an adopted emergency response plan or emergency evacuation plan?

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b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes?
(a-d) The project site is not located within or near a Very High Fire Hazard Severity Zone or state responsibility area. The nearest Very High Fire Hazard Severity Zone is approximately 0.4 miles south of the project site (California Department of Forestry and Fire Protection, Fire Hazard Severity Zones in State Responsibility Area, https://osfm.fire.ca.gov/what-we-do/community-wildfire-preparedness-andmitigation/fire-hazard-severity-zones [As of June 2024]). The project site is within a developed area surrounded by existing development. Because the site is not within or near a state responsibility area or a Very High Fire Hazard Severity Zone, no impacts related to wildfires would occur.

XXI. MANDATORY FINDINGS OF SIGNIFICANCE:
a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory?
As discussed in Section IV, Biological Resources, the project would not have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, or substantially reduce the number or restrict the range of a rare or endangered plant or animal. As discussed in Section V, Cultural Resources, the project site does not contain any known historical or archaeological or tribal cultural resources. As a result, the proposed project would not eliminate an important example of major periods of California history or prehistory.
b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? 172
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The proposed 70 apartment units would be on an unused property that is substantially surrounded by commercial and residential uses, and the Zoning Designation change to the site, are consistent with the surrounding uses. As discussed in the above evaluations, the project would result in a minimal net increase in the number of vehicle trips and associated air pollutant emissions. The project would not result in a significant increase in population in the City leading to unexpected growth, and thus would not increase the need for public services, recreation facilities, or utilities. The project would be required to comply with applicable regulations for water quality, stormwater management, and structural/foundation code requirements. The potential for the project to impact unknown tribal cultural resources, would be limited to disturbance of the project site only, which would be less than significant with identified mitigation, and would not represent a cumulatively considerable contribution to the potential for other projects to affect tribal cultural resources. Therefore, the potential for the project to substantially contribute to environmental impacts that are cumulatively considerable would be less than significant. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Significant impacts to air quality, hydrology, and significant impacts from hazardous materials, geologic conditions, and noise have the potential to cause substantial adverse effects on human beings. Based on the responses to questions in Section III (a-d), the project would not have a significant impact due to air pollution, consistency with the Air Quality management Plan, or exposure of sensitive receptors to significant pollution concentrations or odors. Based on the answers to questions in Section IX (ad) the project would not have a significant impact due to the use or transport of hazardous materials, accidental release of hazardous materials, release of hazardous materials within a quarter mile of a school, or development on a hazardous material site. Based on the answers to questions in Section X (a-e), the project, would not, have a significant impact with mitigation incorporated due to erosion, flooding and polluted runoff. Based on the answers to questions in Section VII (a-f), the project would not have a significant impact with mitigation incorporated due to surface rupture, seismic ground failure, landslides, or other geologic conditions. Based on the answer to questions in Section XIII (a-c) the project would not have a significant impact with mitigation incorporated on the environment due to exposure of persons to noise levels in excess of standards established in the General Plan.

Therefore, there is no potential for a significant impact to the environment from effects which will cause direct or indirect substantial adverse effects on human beings. 173
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XXII. REFERENCES:

Association of Environmental Professionals. 2016. Final White Paper Beyond 2020 and Newhall. https://califaep.org/docs/AEP-2016_Final_White_Paper.pdf . Accessed June 2024.

Bies, Hansen, Howard, 2018, Engineering Noise Control Fifth Edition.

California Air Resources Board (CARB). 2022. 2022 Scoping Plan for Achieving Carbon Neutrality. https://ww2.arb.ca.gov/sites/default/files/2023-04/2022-sp.pdf Accessed June 2024.
_____. 2024. Maps of State and Federal Area Designations. https://ww2.arb.ca.gov/resources/documents/maps-state-and-federal-areadesignations . Accessed June 2024.

California Department of Conservation (DOC). 2023. Oil and Gas Well Finder. https://maps.conservation.ca.gov/oilgas/#datalist . Accessed June 2024. _____..2024a. California Williamson Act Enrollment Finder. https://maps.conservation.ca.gov/dlrp/WilliamsonAct/. Accessed May 2024. _____. 2024b. California Geological Survey: Earthquake Zones of Required Investigation. https://maps.conservation.ca.gov/cgs/EQZApp/app/. Accessed June 2024.

California Department of Finance (DOF). 2024. January Population and Housing Estimates: E-1 Cities, Counties, and the State Population and Housing Estimates with Annual Percent Change.
https://dof.ca.gov/forecasting/demographics/estimates/. Accessed May 2024.

California Department of Fish and Wildlife (CDFW). 2024a. California Natural Diversity Database. https://wildlife.ca.gov/Data/CNDDB . Accessed May 2024. ______. 2024b. BIO Map. https://wildlife.ca.gov/Data/BIOS. Accessed May 2024. ______. 2024c. NCCP Plan Summaries.
https://wildlife.ca.gov/Conservation/Planning/NCCP/Plans. Accessed May 2024.

California Department of Forestry and Fire Protection (Calfire). 2024. Fire Hazard Severity Zones in State Responsibility Area. https://osfm.fire.ca.gov/what-wedo/community-wildfire-preparedness-and-mitigation/fire-hazard-severity-zones.

Accessed June 2024.

California Native Plant Society (CNPS). 2024. CNPS Inventory of Rare Plants. https://www.cnps.org/rare-plants/cnps-inventory-of-rare-plants. Accessed May 2024.

California Department of Resources Recycling and Recovery (CalRecycle). 2019. Simi Valley Landfill & Recycling Center.
https://www2.calrecycle.ca.gov/SolidWaste/SiteActivity/Details/608?siteID=3954 .

Accessed June 2024.

California Department of Transportation (CalTrans). 2019. State Scenic Highway System Map.
https://www.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e 8057116f1aacaa. Accessed May 2024.
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______.2020. Transportation and Construction Vibration Guidance Manual. https://dot.ca.gov/-/media/dot-media/programs/environmentalanalysis/documents/env/tcvgm-apr2020-a11y.pdf . Accessed June 2024.

California Department of Toxic Substances Control (DTSC). 2024. EnviorStor. https://www.envirostor.dtsc.ca.gov/public/map/?myaddress=Search . Accessed June 2024.

County of, Ventura. Ventura County 2040 General Plan: Chapter 8 Natural Resources. 2020. https://vc2040.org/images/Background_Report_-
_September_2020/VCGPU_08_Adopted_Natural_Resources_September_2020. pdf. Accessed June 2024.
______.2022. Ventura County Multi-Jurisdictional Hazard Mitigation Plan. https://www.simivalley.org/home/showpublisheddocument/26180/638079167705 630000 . Accessed June 2024.

Department of Water Resources (DWR). 2019. SGMA Basin Prioritization Dashboard. https://gis.water.ca.gov/app/bp-dashboard/final/ . Accessed June 2024.

FEMA. 2010. National Flood Hazard Layer Viewer. https://hazardsfema.maps.arcgis.com/apps/webappviewer/index.html?id=8b0adb51996444d487 9338b5529aa9cd . Accessed June 2024.

Federal Transit Administration (FTA). 2018. Transit Noise and Vibration Impact Assessment Manual.
https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/researchinnovation/118131/transit-noise-and-vibration-impact-assessment-manual-ftareport-no-0123_0.pdf Accessed June 2024.

Harris, Cyril, 1991, Handbook of Acoustical Measurements and Noise Control Third Edition.

Los Angeles World Airports (LAWA). 2024. Van Nuys - Quarterly Noise Report. https://www.lawa.org/lawa-environment/noise-management/van-nuys/vnyquarterly-noise-report . Accessed June 2024.

National Park Service. 1983. Secretary of the Interior’s Historic Preservations Professional Qualification Standards.
https://www.dca.ga.gov/sites/default/files/pqstandards.pdf . Accessed June 2024.

Simi Valley, City of. 1985. Sewer Master Plan.
https://www.simivalley.org/home/showpublisheddocument/13755/636389127421 470000. Accessed June 2024.
_____. 2001. SEMS Multi-Hazard Functional Plan.
https://www.simivalley.org/home/showpublisheddocument/8043/6369489162969 00000 . Accessed June 2024.
_____. 2009a. General Plan Environmental Impact Report Mineral Resources. https://www.simivalley.org/home/showpublisheddocument/6888/6369757445340 00000 . Accessed June 2024.
_____. 2009b. General Plan Environmental Impact Report Public Resources. https://www.simivalley.org/home/showpublisheddocument/6888/6369757445340 00000 . Accessed June 2024.
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_____. 2009c. General Plan Environmental Impact Report Recreation. https://www.simivalley.org/home/showpublisheddocument/6892/6369774429071 30000 . Accessed June 2024.
_____. 2012a. General Plan. https://www.simivalley.org/departments/environmentalservices/planning-division/documents-applications-and-developmentactivity/general-plan. Accessed June 2024. _____. 2012b. City of Simi Valley Climate Action Plan. https://www.cailg.org/sites/main/files/file-attachments/simi_valley- _climate_action_plan_0.pdf?1472519071 . Accessed June 2024. ______. 2015. Landscape Design Standards.
https://www.simivalley.org/home/showpublisheddocument/196/63630634628663 0000. Accessed May 2024.
______. 2020. Sustainability Best Practice Activities. https://www.cailg.org/sites/main/files/fileattachments/simi_valley_2020_bps.pdf?1602022955#:~:text=The%20city%20ha s%20adopted%20an,the%20reach%20code%20in%202010. Accessed June 2024.
_____. 2021.2020 Urban Water Management Plan.
https://www.simivalley.org/home/showpublisheddocument/23836/637692800991 770000 . Accessed June 2024.
_____. 2023. General Plan Chapter 4 Housing (2021-2029). https://www.hcd.ca.gov/housing-elements/docs/simi-valley-5thadopted021414.pdf. Accessed June 2024. ______. 2024a. Development Code, Title 9 Simi Valley Municipal Code. https://library.municode.com/ca/simi_valley/codes/code_of_ordinances?nodeId= TIT9DECOSIVAMUCO. Accessed May 2024.
______. 2024b. Zoning Maps. https://www.simivalley.org/departments/environmentalservices/planning-division/documents-applications-and-developmentactivity/zoning-maps. Accessed May 2024. ______. 2024c. Household Hazardous Waste Drop-Off Program. https://www.simivalley.org/departments/public-works/environmentalcompliance/hazardous-materials/household-hazardous-waste-drop-off-program .

Accessed June 2024.
______. 2024d. Police Department Website.
https://www.simivalley.org/departments/police-department. Accessed June 2024. ______. 2024e. Operations: Collections & Treatment.
https://www.simivalley.org/departments/public-works/sanitationservices/operations-collections-treatment. Accessed June 2024.

Simi Valley Public Library. 2023. Annual Report Fiscal Year 2022-2023. https://simivalleylibrary.org/wp-content/uploads/2023/09/Simi-Valley-AnnualReport-2023-FINAL.pdf . Accessed June 2024.

Simi Valley Unified School District (SVUSD). 2024. School Boundary Map. https://www.simivalleyusd.org/about-simi-schools/school-boundary-maps.

Accessed June 2024.
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Southern California Association of Governments (SCAG). April 4, 2024. Connect SoCal 2024-2050 Regional Transportation Plan/Sustainable Communities Strategy. https://scag.ca.gov/sites/main/files/file-attachments/23-2987-connect-socal-2024- final-complete-040424.pdf?1714175547. Accessed May 2024.

State Water Resources Control Board (SWRCB). 2024. Geotracker. https://geotracker.waterboards.ca.gov/ . Accessed June 2024.

United States Census Bureau. 2023. City of Simi Valley Quick Facts. https://www.census.gov/quickfacts/fact/table/venturacountycalifornia,simivalleycit ycalifornia/POP715222 . Accessed June 2024.

United States Environmental Protection Agency. 2024. Regulations for Emissions from Vehicles and Engines. https://www.epa.gov/regulations-emissions-vehicles-andengines/regulations-emissions-heavy-equipment-compression. Accessed June 2024.

United States Fish and Wildlife Service (USFWS). 2024a. Critical Habitat for Threatened and Endangered Species.
https://fws.maps.arcgis.com/apps/mapviewer/index.html?webmap=9d8de5e265a d4fe09893cf75b8dbfb77. Accessed May 2024.
_____. 2024b. National Wetlands Inventory. https://www.fws.gov/program/nationalwetlands-inventory. Accessed May 2024.

United States Geological Survey. 2024. U.S. Quarternary Faults. https://usgs.maps.arcgis.com/apps/webappviewer/index.html?id=5a6038b3a168 4561a9b0aadf88412fcf. Accessed June 2024.

Ventura County Air Pollution Control District (VCAPCD). October 2003. Ventura County Air Quality Assessment Guidelines.
http://www.vcapcd.org/pubs/Planning/VCAQGuidelines.pdf. Accessed May 2024. _____. 2011. Greenhouse Gas Thresholds of Significance Options for Land Use Development Projects in Ventura County. https://www.dtscssfl.com/files/lib_ceqa/ref_draft_peir/Chap4_6- GrnhouseGas/68349_VCAPCD_2011_-_GHG_Thresholds_Options.pdf .

Accessed June 2024.

Ventura County Fire Department (VCFD). 2024. Website Home. https://vcfd.org/aboutvcfd/ . Accessed June 2024.

Waterworks District No. 8, City of Simi Valley (VCWWD8). 2021. 2020 Urban Water Management Plan.
https://www.simivalley.org/home/showpublisheddocument/23836/637692800991 770000 . Accessed June 2024.
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XXII. LIST OF APPENDICES:

Appendix A: Air Quality, Greenhouse Gas, and Energy Impact Study Appendix B: Traffic Impact Analysis
Appendix C: Tree Report and California Natural Diversity Database (CNDDB) Results Appendix D: Cultural Resources Study and Historic Structure Assessment Appendix E: Geotechnical Investigation
Appendix F: Paleontological Assessment
Appendix G: Preliminary Drainage Report
Appendix H: Noise Study and Technical Information
Appendix I: Simi Valley 2030 General Plan Update: Chapter 5, Mobility and Infrastructure

LIST BELOW THE PERSON OR PERSONS WHO PREPARED OR PARTICIPATED IN THE PREPARATION OF THE INITIAL STUDY.

Case Planner: Elizabeth Richardson
Environmental Planners: Greg Martin, Rincon Consultants Yasaman Samsamshariat, Rincon Consultants
Project Engineer: Brent Siemer
Traffic Engineer: Justin Link
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City of Simi Valley
1845 Oak Road Residential Development Project Responses to Comments on the IS-MND Responses to Comments on the IS-MND
This section includes comments received during the circulation of the Draft Initial Study-Mitigated Negative Declaration (IS-MND) prepared for the 1845 Oak Road Residential Development Project (proposed project).

The Draft IS-MND was circulated for a 20-day public review period that began on July 29, 2024, and ended on August 19, 2024. The City of Simi Valley received three comment letters on the Draft ISMND. The commenters and the page number on which each commenter’s letter appears are listed below.

Letter No. and Commenter Page No.
1 Anthony Higgins, Acting LDR/CEQA Branch Chief, State of California Department of Transportation 2
2 Dave Kereazis, Associate Environmental Planner, Department of Toxic Substances Control 4 3 Nicole Collazo, Air Quality Specialist, Ventura County Air Pollution Control District (VCAPCD) Planning Division 10
The comment letters to the Draft IS-MND and responses to comments follow. The comment letters have been numbered sequentially and each separate issue raised by the commenter, if more than one, has been assigned a number. The responses to each comment identify first the number of the comment letter, and then the number assigned to each issue (Response 1.1, for example, indicates that the response is for the first issue raised in comment Letter 1). When revisions to the Public Review Draft IS-MND are indicated in the responses, these revisions show additions to the text in underline format and deletions from the text in strikethrough text. These revisions are incorporated by reference into the Final IS-MND in these Responses to Comments on the IS-MND. 179
City of Simi Valley
1845 Oak Road Residential Development Project Responses to Comments on the IS-MND Letter 1
COMMENTER: Anthony Higgins, Acting LDR/CEQA Branch Chief, State of California Department of Transportation
DATE: August 18, 2024
Response 1.1
After two introductory paragraphs summarizing the proposed project, the commenter states that Caltrans strongly encourages the applicant to collaborate with relevant City Staff to implement bicycle and pedestrian elements to increase safety and promote active transportation where possible. The commenter also recommends adding communal bicycle parking and/or lockers to the project site per the City’s municipal code standards, along with short-term bicycle parking racks for guests which promote active transportation and healthy living for the community.

The City will share the commenter’s request to implement bicycle and pedestrian elements with the applicant. As discussed in Section XVII, Transportation, the proposed project would be consistent with the City’s Circulation Element, Policy M-12.8, which addresses bicycle parking. Additionally, the City will require the applicant to comply with all municipal code standards regarding bicycle parking and storage.

Response 1.2
The commenter states that, when available, Caltrans would like to see a more detailed site plan map or renditions, particularly regarding dedicated pedestrian facilities along Oak Road. The commenter also states that the 31-foot right-of-way along Oak Road within the development site is wide enough to provide a pedestrian walkway or sidewalk; and that, in addition to sidewalks, appropriate pedestrian-level lighting should be installed to ensure pedestrians and other road users will be visible at all times.

As shown in the applicant’s “Conceptual Landscape Plan” (a copy of which is attached to the Final ISMND), the proposed project would include walkways linking the different buildings in the development. Along most of the length of Oak Road through the project site, these walkways would be separated from Oak Road by proposed buildings and other features, which would reduce potential vehicle/pedestrian conflicts. As discussed in Section I, Aesthetics of the Draft IS-MND, the applicant is required to submit an exterior lighting (photometric) plan to the Environmental Services Director or designee pursuant to SVMC § 9-30.040. The City would review this plan to ensure that there is appropriate pedestrian-level lighting within the development.

Response 1.3
The commenter recommends, if surface parking must be built, that it not directly face the street.

Additionally, by shifting the parking to the rear or interior of the project site, a more inviting streetscape with more active frontage against the sidewalk can encourage both recreational and transportation walking, thus helping the State of California achieve its goals to improve health and reduce Greenhouse Gases (GHG).

As stated in Section 8, Description of Project of the IS-MND, the proposed project would provide 168 parking spaces including 130 garage spaces, 18 driveway spaces, 6 head in spaces, and 14 parallel 180
City of Simi Valley
1845 Oak Road Residential Development Project Responses to Comments on the IS-MND spaces. As shown on the Site Plan figure in Section 16 of the IS-MND, these spaces would not be grouped into a surface parking lot, and would not discourage recreational and transportation walking, especially since, as described in Response 1.2, the proposed project would include a separate pedestrian circulation system.

Response 1.4
The commenter states that a Caltrans transportation permit is required for any transportation of heavy construction equipment and/or materials that requires the use of oversized transport vehicles on State Highways; the commenter recommends limiting traffic generated by project construction to off-peak periods to minimize the potential impact on State facilities; and, if construction traffic is expected to cause issues on any State facilities, a construction traffic control plan be required.

As part of its standard review process before approving construction permits, the City will confirm compliance by the applicant/developer with applicable Caltrans requirements, including those described above. Because these are regulatory requirements, mitigation measures are not required to enforce them. The City will also share the commenter’s request regarding limiting construction traffic to off-peak periods with the applicant.
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City of Simi Valley
1845 Oak Road Residential Development Project Responses to Comments on the IS-MND Letter 2
COMMENTER: Dave Kereazis, Associate Environmental Planner, Department of Toxic Substances Control
DATE: August 7, 2024
Response 2.1
After an introductory paragraph summarizing the proposed project, the commenter recommends that the City of Simi Valley enter into DTSC’s Standard Voluntary Agreement (SVA) program or seek oversight with soil remediation and testing. The commenter states that there is no history of soil testing mentioned or referenced in the document and provides a link to create a SVA and a Preliminary Endangerment Assessment Report.

As discussed in Section IX, Hazards and Hazardous Materials of the IS-MND, SWRCB’s Geotracker database and the California Department of Toxic Substances Control’s EnviroStor database were reviewed for known hazardous materials contamination at the project site. Based on a review of these databases, no hazardous material sites are listed at the project site or surrounding vicinity. With adherence to applicable regulatory requirements, the proposed project would not result in substantial hazards involving the release of hazardous materials, and no mitigation measures are necessary. However, the City will voluntarily enter into an SVA with the DTSC as requested by the commenter.

Response 2.2
The commenter recommends that all imported soil and fill material be tested to assess any contaminants of concern “meet screening levels as outlined in DTSC's Preliminary Endangerment Assessment (PEA) Guidance Manual.” The commenter also states that there should be documentation of the soil or fill material, and sampling should be conducted to ensure that the imported soil and fill material are suitable for the intended land use. The commenter provides a website where additional information can be found.

As discussed in Comment 2.2 above, impacts from potentially contaminated soils were found to be less than significant in the IS-MND, however, in order to address the commenters’ concerns, the City will condition the project to require compliance with the measures that DTSC is recommending in Comment 2.2.

Response 2.3
The commenter states that if buildings or other structures are to be demolished, surveys should be conducted for the presence of lead-based paints or products, mercury, asbestos containing materials, and polychlorinated biphenyl caulk. The commenter states that disposal of any of the abovementioned chemicals should be conducted in compliance with California environmental regulations and policies and sampling near current and/or former buildings should be conducted in accordance with DTSC's PEA Guidance Manual.

As discussed in Section IX, Hazards and Hazardous Materials of the IS-MND, demolition and construction activities would be required to adhere to California Division of Occupational Safety and 182
City of Simi Valley
1845 Oak Road Residential Development Project Responses to Comments on the IS-MND Health Administration (CalOSHA) and Department of Toxic Substances Control regulations which are the regulatory agencies that oversee ACM, lead, and PCBs risks. 183
City of Simi Valley
1845 Oak Road Residential Development Project Responses to Comments on the IS-MND Letter 3
COMMENTER: Nicole Collazo, Air Quality Specialist, Ventura County Air Pollution Control District (VCAPCD) Planning Division
DATE: August 19, 2024
Response 3.1
The commenter states that the AQMP consistency analysis on page 19 of the IS-MND does not conform with the Ventura County Air Quality Assessment Guideline’s instructions for how to conduct the project population comparison with the existing and forecasted population growth. They then state that the project’s expected population growth should be compared with the City of Simi Valley’s current population, not Ventura County population as a whole, and the next 5-year interval from SCAG’s Connect SoCal population forecast for 2025.

On page 35 of the revised Air Quality, Greenhouse Gas, and Energy Impact Study by MD Acoustics (September 2024), which is included as an attachment to the Final IS-MND, the AQMP consistency discussion has been revised with a comparison to population growth per VCAPCD guidelines, as follows:

Per data from SCAG’s 2024 Connect SoCal population data, the City of Simi Valley had a population of 126,800 in 2019 and is anticipated to have a population of 126,275 in 2025, a decrease of 525.3 The project is estimated to have 211 residents, which would be approximately 0.166% of the 2019 Simi Valley population and 0.167% of the 2025 Simi Valley population. The population change from the project would be negligible compared to the existing and future population and is therefore consistent with AQMP growth assumptions.

Based on the above, the proposed project would not conflict with implementation of the VDAPCD Attainment Plans, impacts are considered to be less than significant.

These findings are consistent with the conclusion of impact discussion IIIa of the IS-MND, which found that the proposed project would not conflict with or obstruct implementation of the applicable air quality plan, and this impact would be less than significant. No further changes to the IS-MND are required.

Response 3.2
The commenter states that on Page 19 of the IS-MND, the IS-MND should include PM10 as a state nonattainment status for Ventura County.

Page 19 ends

Simi Valley City CouncilOctober 7, 2024

Simi Valley City Council
October 7, 2024