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Staff Report

Simi Valley City Council
October 21, 2024

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Staff Report
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October 21, 2024
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Simi Valley City Council
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GPPS20240002SK MadanCCmtg10-21-24(klk)

CITY OF SIMI VALLEY

MEMORANDUM
O
ctober 21, 2024
T
O: City Council
F
ROM: Department of Environmental Services
S
UBJECT: CONSIDERATION OF A GENERAL PLAN AMENDMENT PRE - SCREENING REVIEW OF GPPS- 2024-0002 (SK MADAN), A REQUEST

TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM
RECREATION COMMERCIAL TO INDUSTRIAL FOR A 3.95-ACRE

COMMERCIALLY ZONED PARCEL, LOCATED NORTH OF SMITH ROAD

AND EAST OF KUEHNER DRIVE

STAFF RECOMMENDATION
I
t is recommended that the City Council authorize GPPS-2024-0002 for further processing as a formal General Plan Amendment request to change the General Plan land use designation from Recreation Commercial to Industrial with concurrent filing of applicable entitlement applications.

BACKGROUND AND OVERVIEW
T
he Applicant, SK Madan, has submitted a General Plan Pre-screening application (GPPS-2024-0002), requesting the City Council’s authorization to move forward with a formal application to change the General Plan land use designation from Recreation Commercial to Industrial for a 3.95-acre commercial zoned lot, located north of Smith Road and east of Kuehner Drive (Figure 1).

Figure 1 – Project Site Aerial and Vicinity Map
AGENDA ITEM NO.

5A
GPPS20240002SK MadanCCmtg10-21-24(klk)
The 3.95 acre parcel is currently vacant and surrounded by an industrial building to the north, a residence to the east, a vacant parcel zoned Recreation Commercial to the south, and a vacant parcel zoned Medium Density Residential to the west .

The project site is currently zoned Recreation Commercial and is located outside the valley floor. It is subject to the Hillside Performance Standards laid out in Simi Valley Municipal Code Section 9-32.

The General Plan Pre-screening application includes an initial conceptual design (Figure 2) that includes a 61,636-square-foot industrial condominium building, 17,200 square feet of new landscape area, and 186 parking spaces . The Applicant plans to create 15 condominium units that are approximately 4,000 square feet each.

Figure 2- Conceptual Site Plan

It should be noted that the proposed site plan is conceptual which is appropriate for a Pre- screening, and Staff has not reviewed it for compliance with all City rules and regulations.

If authorized by the City Council, the current request would require the Applicant to apply for:
• General Plan Amendment (GPA);
• Zone Change to change the zoning of the subject parcel from Commercial Recreational (CR) to General Industrial (GI);
• Possible amendments to the Hillside Performance Standards development requirements (Simi Valley Municipal Code 9- 32), to allow development on slopes greater than 10 percent and expand height allowances
• Planned Development Permit (PD) to allow for the development of an industrial building; and,
• Tentative Parcel Map to allow for the development of the individual condominium units.

The City Council established certain procedures for evaluating potential changes to the City’s General Plan. In 1994, City Council Resolution No. 94- 10 (Exhibit 3, page 12) provided requirements for the processing of General Plan Amendment (GPA) requests, which includes a requirement to pre- screen these requests at quarterly public hearings 2 GPPS20240002SK MadanCCmtg10-21-24(klk)
before the City Council. This pre- screening review process allows the City Council to consider whether to authorize an application for a GPA to move forward.

During the second quarter of 2024 , the City Council authorized another General Plan Amendment (GPPS-2024-0001) request to move forward with a formal application to change the General Plan land use designation of Moderate Density Residential to Industrial, for three residentially zoned parcels, totaling 2.55 acres, located directly east of this project for the purpose of a motion picture studio expansion. An application for the project has not yet been filed but that applicant is working towards a submittal.

FINDINGS AND ALTERNATIVES

Site and Surrounding Uses

The current General Plan designation, zoning and land use for the propert y and surrounding properties are listed in Table 1.

Table 1

PARCEL GENERAL
PLAN

ZONING CURRENT LAND
USE
APN: 657-0-020-230
(Subject Site)
Recreation
Commercial
Commercial
Recreation (CR)
Vacant
North General
Commercial
Commercial
Industrial (CR)
Industrial Building
South Recreation
Commercial
Commercial
Recreation (CR)
Vacant
East Moderate
Density
Residential Low
Density with Animal
Overlay and
Conditional Zoning
(RL-A-CZ*) and
Residential Estate
with Animal Overlay
(RE-A)
Residence
West Medium Density Residential Medium
Density (RM)
Vacant
* Conditional Zoning: Minimum Lot Size – 0.5 Acres

Current General Plan Land Use and Zoning

The current land use designation for the subject parcel is Recreation Commercial (Floor Area Ratio 0.10). This designation is intended to provide sites for commercial activities of a low -intensity, recreational nature, such as drive- in theaters, miniature, 3- par, and regulation-length golf courses, camping grounds, athletic clubs, and other commercial recreation facilities. Because uses in this designation may vary significantly in terms of building density and intensity, a careful review of proposed projects is required to ensure compatibility with surrounding development.

3 GPPS20240002SK MadanCCmtg10-21-24(klk)
The subject propert y is zoned Commercial Recreation (CR). This zoning district is intended to provide for the development of recreational, entertainment, and associated retail and service activities meant to serve primarily the needs of the local population.

General Plan Land Use Map - Current

General Plan Land Use Map - Proposed

Proposed Amendment to the General Plan and Zone Change

The intent of the proposed General Plan land use designation of Industrial is to create an opportunity to develop currently underutilized parcels, encourage new business, enhance the local economy, and create jobs for the City. The Industrial land use designation, specifically Light Industrial , is intended to provide areas for a variety of light manufacturing, service, technical research, and related business office uses, operating under performance standards, which will result in very few outside impacts.

The proposed land use designation on the site would match that of the propert y located to the southeast, and proposed land use of the properties to the east.

The following criteria are included in Resolution No. 94- 10 regarding General Plan Pre- screening requests, with analysis for the City Council’s consideration:

1. The proposed amendment is of a configuration and land use that has a reasonable potential for being compatible with other existing and proposed land uses in the area, in that amending the General Plan land use designation over the 3.95 -acre site would allow for a development that is compatible with the surrounding land uses.

A traffic study will be required as part of the formal application to ensure access to the site will not adversely impact circulation on Kuehner Road. In addition, the proposed project will need to meet all access requirements imposed by the Ventura County Fire Protection District.

4 GPPS20240002SK MadanCCmtg10-21-24(klk)
The Conceptual Site Plan provides an example of a possible development option that consists of industrial condominium buildings similar to the existing commercial multi-unit development to the north. Additionally, the proposed land use change to the east from residential to industrial for the future movie studio expansion further expands the consistency of the surrounding area. The adjacent park and Kuehner Drive will buffer the closest residential development to the west . The site is adequately served by utilities to allow a future development request. Any future development application would be required to comply with Simi Valley Municipal Code (“SVMC”) requirements for setbacks, building height, parking, traffic, landscaping, drainage, grading, fire protection, and dust control, which are established to ensure compatibility between adjacent land uses. Therefore, the proposed change in land use to Industrial would increase the likelihood of this site being redeveloped and has a reasonable potential to be compatible with the adjacent land uses. Therefore, the proposal is consistent with this finding.

2. The proposed amendment has a reasonable potential for being compatible with the goals and policies of the General Plan, in that the following General Plan Policies are provided to demonstrate that the Industrial Land Use can be found to be appropriate for this location:

LU-20.3: Location. Locate industrial and business park areas near major transportation routes such as freeways, railways, or arterials to reduce traffic on residential streets while providing efficient transportation of supplies and workers.

The proposed change in General Plan land use designation to Industrial would allow the industrial development in a location near the eastern edge of the City by State Route 118 and the Santa Susana Pass. This would provide direct access to neighboring Los Angeles County, without causing significant impact on residential areas of the city.

LU-20.1: Diversity of Uses. Provide for a variety of office, industrial, and research and development uses that offer job opportunities for Simi Valley’s residents. The proposed General Plan land use designation to Industrial has the potential to create a variety of jobs by offering industrial condominium spaces. This gives opportunities for small and medium sized businesses.

3. The proposed amendment is unlike other amendment requests located in the same general area, which have been previously considered and denied by the City Council within the last 12 months , in that there have been no other amendment requests located in the same general area that were considered and denied by the City Council in the last 12 months. Therefore, the proposal is compatible with this finding.

4. The proposed amendment is not located within an area where a newly adopted land use study or policy has been in effect for less than 12 months or within an area where the City Council has directed the preparation of a land use study , in that the site is not located within an area where the City Council has directed the preparation of a land use study in the last 12 months.

5 GPPS20240002SK MadanCCmtg10-21-24(klk)
Therefore, the proposed change to Industrial has a reasonable potential to be compatible with the goals and policies of the General Plan.

A
General Plan Amendment would change the land use designation for a 3.95- acre commercial zoned property from Recreation Commercial to Industrial to accommodate the potential development of an industrial condominium building. If allowed to proceed (with a minimum of three (3) affirmative votes), the Applicant would be authorized to file a formal General Plan Amendment and process concurrently the required applications at any time during a one-year period following the City Council’s action.

It is important to note that the City Council’s authorization to process a request for a formal General Plan Amendment does not constitute approval of the General Plan Amendment. The City council will retain the discretion to ultimately approve or deny the General Plan Amendment request.

T
he following alternatives are available to the City Council:

1. A
uthorize GPPS -2024-0002 for further processing as a formal General Plan Amendment, a request to change the General Plan Designation of one commercial zoned parcel north of Smith Road and e ast of Kuehner Drive from Recreation Commercial to Industrial with direction to include concurrent filing of required applications for future development;

2. D
o not authorize GPPS -2024-0002 for further processing as a General Plan Amendment; or

3. P
rovide alternative direction to the Pre-screening review request.

S
taff recommends Alternative No. 1.

SUGGESTED CITY COUNCIL MOTION
I mov
e to authorize GPPS -2024-0002 for further processing as a formal General Plan Amendment.

SUMMARY
SK M
adan submitted a General Plan Amendment (GPA) Pre -screening application GPPS-2024-0002 for the City Council’s conceptual review to change the General Plan land use designation from Recreation Commercial to Industrial for a 3.95acre parcel north of Smith Road and east of Kuehner Drive. The change is proposed to facilitate the development of an industrial condominium building. The proposed General Plan Amendment has the potential to be compatible with the existing and proposed commercial and industrial developments in the area. Staff has made findings for the criteria required in Resolution No. 94-10, regarding the General Plan Pre-screening requests. Therefore, staff recommends approval to authorize GPPS -2024-0002 for further processing as a formal General Plan Amendment.
___
_________________________________
Stratis Perros
Environmental Services Director
P
repared by: Neal Morrissette, Associate Planner
6 GPPS20240002SK MadanCCmtg10-21-24(klk)

INDEX Page

Public Hearing Procedure ............................................................................ 8 Exhibit 1 – Conceptual Site Plan .................................................................10 Exhibit 2 – General Plan Land Use Map .....................................................11 Exhibit 3 – City Council Resolution No. 94-10 .............................................12

7 GPPS20240002SK MadanCCmtg10-21-24(klk)

PUBLIC HEARING PROCEDURE

HEARING DATE: October 21, 2024

1. CITY CLERK: This is the time and place set for a public hearing to consider General Plan Amendment Pre- Screening review of GPPS -
2024-0002 (SK Madan), a request to change the General Plan land use designation from Recreation Commercial to
Industrial for a 3.95-acre commercial zoned parcel north of Smith Road and East of Kuehner Drive.

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?

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

14. MAYOR: Does the applicant desire any rebuttal?

15. APPLICANT: (Rebuttal)

8 GPPS20240002SK MadanCCmtg10-21-24(klk)

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) I move to authorize GPPS -2024-0002 for further
processing as a formal General Plan Amendment request to change the General Plan land use designation from
Recreation Commercial to Industrial with concurrent filing of applicable entitlement applications.

2) I move to deny General Plan Pre- screening request
GPPS-2024-0002.

*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.

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Proj. No.:

Print Date:

KUEHNER ROAD SIMI VALLEY, CA 93063

KUEHNER ROAD INDUSTRIAL COMPLEX

GENERAL PLAN AMENDMENT APPLICATION
ADDRESS, CITY, CALIFORNIA, 90000

PALM INVESTMENT GROUP, LLC

KUEHNER ROAD INDUSTRIAL COMPLEX
7/26/2024 10:26:16 AM
A-100

SITE PLAN
Project Number
 
 6,7(3/$1
  
 


)((76&$/(
68%-(&73523(57<
EXHIBIT 1
10 General Plan Land
Use Map - Current
General Plan Land
Use Map - Proposed
EXHIBIT 2
11 RESOLUTION NO. 94-10

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SIMI
VALLEY REPEALING RESOLUTION NO. 89-71 AND ADOPTING

REVISED PROCEDURES FOR THE PROCESSING AND REVIEW OF

GENERAL PLAN AMENDMENTS
WHEREAS, after an extensive period of preparation and review, an updated General Plan for the City of Simi Valley was adopted on October 18, 1988; and
WHEREAS, it is the intent of the City Council to maintain the comprehensive nature and internal consistency of the adopted General Plan by providing an orderly procedure for the consideration of amendments to the General Plan; and
WHEREAS, on July 24, 1989, the City Council adopted Resolution No. 89-71 as an administrative procedure to implement the provisions of the General Plan by providing such procedures for the review of amendment applications; and WHEREAS, this Resolution is an administrative procedure intended to clarify and expedite the processing and review of General Plan Amendment applications and will not result in physical changes to the environment.

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

SECTION 1. This Resolution is not a project as defined in Title 14 of the California Code of Regulations Section 15378 and is, therefore, not subject to the California Environmental Quality Act of 1970.

SECTION 2. Resolution No. 89-71 is hereby repealed.

SECTION 3. The following definitions shall apply throughout this Resolution:
(a) "City Council" shall mean the City Council of the City of Simi Valley;
(b) "Department" shall mean the Department of Environmental Services of the City of Simi Valley;
(c) "Director" shall mean the Director of Environmental Services or his/her designee;
EXHIBIT 3
12 RES. NO. 94-10
(d) "Planning Commission" shall mean the Planning Commission of the City of Simi Valley.

SECTION 3. Applicability. The provisions of this Resolution shall apply to all requests to amend the Simi Valley General Plan, except as follows:
(a) Amendments requested and necessary for a single
development of residential units at least twenty-five (25) percent of which will be occupied by or available to persons and families of low or very low income; (b) Amendments requested as a result of a court decision, pursuant to Government Code Section 65358(d)(l);
(c) Amendments required to maintain consistency with an applicable Airport Land Use Pl an, pursuant to Government Code Section 65302. 3 ( b); (d) Amendments requested for "large scale urban development plans", as defined in Health and Safety Code Section 56032(d); and (e) Amendments initiated by the City Council.

SECTION 5. Pre-Screening Review. No request to amend the Simi Valley General Plan may be filed until a preliminary review of the request has been conducted and authorization to file an application has been granted by the City Council. Requests for pre-screening review shall be made to the Department of Environmental Services in the form of a Preliminary Review application or such other form deemed appropriate by the Di rector of Environmental Services.

Requests for pre-screening review may be submitted at any time and shall be reviewed by the City Council at one of the following meetings, unless otherwise scheduled by direction of the Council:

When Request Filed
September - November
December - February
March - May
June - August
Hearing Date
4th Monday in January
4th Monday in April
4th Monday in July
4th Monday in October
In the event of an emergency condition, such as a fire, flood, or earthquake, the Director may initiate additional pre-screening hearings to consider pre-screening requests resulting from that emergency. Requests for pre-screening review shall be accompanied by the fee specified by City Council resolution. 105\2-94(1)
13 RES. NO. 94-10
SECTION 6. Pre-Screening Criteria. The following criteria shall be used in reviewing requests for pre-screening of General Plan Amendments. {a) The proposed amendment is of a configuration and 1 and use that has a reasonable potential for being compatible with other existing and proposed land uses in the area;
{b) The proposed amendment has a reasonable potential for being compatible with the goals and policies of the General Plan; { c) The proposed amendment is un 1 i ke other amendment requests located in the same general area which have been previously considered and denied by the City Council within the last twelve months; and
{d) The proposed amendment is not located within an area where a newly adopted land use plan or policy has been in effect for less than twelve {12) months or within an area where the City Council has directed the preparation of a land use study.

Proposals which receive three or more affirmative votes from the City Council on all of the criteria listed above may file formal applications for amendments to the General Plan. Pre-screening approvals remain valid for twelve {12) months from the date of the City Council action, after which time, they become null and void. Proposals which receive less than three affirmative votes may not re-file for pre-screening review for at least twelve {12) months after the date of the Council action.

SECTION 7. Filing of General Plan Amendment Applications. Proposed amendments which receive three affirmative votes at the pre-screening hearing may file an application for a General Plan Amendment with the Department of Environmental Services up to one (1) year following the pre-screening hearing date. Unless otherwise directed by the Council at the pre-screening hearing, each application will be processed separately unless combined with other applications for public hearing purposes.

SECTION 8. Environmental Review. To the extent that individual amendment requests are determined to necessitate preparation and consideration of an environmental document, such as a Negative Declaration or Environmental Impact Report, such a document will be prepared by the Department of -3- 105\2-94(1)
14 RES. NO. 94-10
Environmental Services (or by an approved consultant). If more than one (1) application is scheduled for the same public hearing, the Department sha 11 prepare a supplemental document addressing the cumulative environmental impacts of all pertinent applications. Any applicant failing to pay the cost of the environmental document shall be excluded from the General Plan Amendment process.

SECTION 9. Public Hearings. If sufficient applications have been filed, up to three (3) series of public hearings may be held each year to consider amendment requests. A fourth series of GPA hearings may be held each year for projects initiated by the Council or private _,amendment requests directed by the Council for separate processing. Upon completion of project analysis, the Director shall schedule each application for public hearing before the Planning Commission in conformance to the hearing schedule noted in the GPA application form. The Commission shall make a written recommendation to the City Council of those Amendments deemed worthy of approval. A recommendation for approval shall be made by the affirmative vote of not less than three (3) members of the Planning Commission. Amendment requests denied by the Planning Commission shall not be forwarded to the City Council unless a written appeal is filed with the City Clerk by an interested party within five (5) days after the Planning Commission action. Prior to amending the General Plan, the City Council shall hold at least one (1) public hearing. Adoption of General Plan Amendments shall be by resolution receiving not less than three (3) affirmative votes of the City Council. The City Council may approve, disapprove, or modify the recommendation of the Planning Commission. Any substantial modification proposed by the City Council not previously considered by the Planning Commission during its hearing shall first be referred to the Commission for its recommendation. The failure of the Cammi ss ion to report within forty-five ( 45) calendar days after the reference, or within the time set by the City Council, shall be deemed a recommendation for approval.
-4- 105\2-94(1)
".
15 " . .. . "•
RES. NO. 94-10
SECTION 10. 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 Cl erk.

PASSED and ADOPTED this 28th day of February� 1994.

ATTEST:
��-----
Assistant City Clerk
APPROVED AS TO FORM:

Joh
APPROVED AS TO CONTENT:

25.�-�Diane Davis-Crompton, Director
Department of Environmental Services
-5-
105\2-94(1)
16 >I '4 ,. , r ., ..,
.. .

RES. NO. 94-10
I, Assistant City Clerk of the City of Simi Valley, California, do hereby certify that the foregoing Resolution No. 94-10, was regularly introduced and adopted by the City Council of the City of Simi Valley, California, at a regular meeting thereof held on the 28th day of February, 1994 by the following vote of the City Council:

AYES: Council Members Webb (under protest}, Davis,
Mayor Pro Tern Mikels, and Mayor Stratton
NAYS: None
ABSENT: Council Member Williamson
ABSTAINED: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Simi Valley, California, this 1st day of March, 1994. -6-
/)_ < �
� r - . ''/,..--
ASSISTANT C�ttltKF� CITY OF

SIMI VALLEY, CALIFORNIA
17

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