Staff Report — Simi Valley City Council, October 21, 2024

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CITY OF SIMI VALLEY

MEMORANDUM

October 21, 2024

TO: City Council

FROM: Department of Environmental Services

SUBJECT: A PUBLIC HEARING TO CONSIDER A REQUEST FROM STOW VILLAS,

LLC, FOR A PLANNED DEVELOPMENT PERMIT MODIFICATION (PD- S-2024-0004) TO REVISE PREVIOUSLY APPROVED ELEVATIONS AND SITE IMPROVEMENTS, A TENTATIVE MAP (TT -2024-0002) TO
DEVELOP 16 CONDOMINIUM UNITS; DISCHARGE AND RELEASE OF
THE AFFORDABLE HOUSING AGREEMENT (AHA-O-51) TO ELIMINATE

THE PREVIOUSLY APPROVED AFFORDABLE HOUSING INCENTIVES,
FOR A PROPERTY LOCATED AT 5496 EAST LOS ANGELES AVENUE ;

DETERMINE THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ; AND ADOPTION OF TWO

RESOLUTIONS

STAFF RECOMMENDATION

1. The Planning Commission recommends the City Council adopt a Resolution No. 2024-42 (page 9) approving Planned Development Permit No. PD -S-2024-0004 and Tentative Map No. TT -2024-0002; and a determination that the project is exempt from the California Environmental Quality Act; and

2. Adopt Resolution No. 2024-43 (page 31) for the discharge and release of the Affordable Housing Agreement (AHA-0-51).

BACKGROUND AND OVERVIEW

The Applicant, Stow Villas, LLC, requests a Planned Development Permit Modification (PD -S-2024-0004) and a new Tentative Map (TT -2024-0002) for the previously approved 16 -unit Stow Villas project (PD -S-964/TT5585). The modifications would allow revisions to the building elevations and site improvements, including landscaping alterations. The project also includes a new Tentative Map to replace the previously expired Tentative Map , and allows for the discharge and release of the Affordable Housing Agreement.

On December 10, 2007, the City Council approved PD-S-964 and TT5585. The Tentative Map and Planned Development Permit authorized subdividing the 1.35-acre site (Figure 1) to create a 16 -unit townhome development, reserving three of the for -sale units for three moderate-income households pursuant to an Affordable Housing Agreement (AHA- O-51) approved by the City. The November 7, 2007 , Planning Commission Staff Report (Exhibit 2) provides a full overview of the entire Planned Development Project and the original findings for approval.

AGENDA ITEM NO.

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Bot
h TT5855 and PD-S-964 were set to expire three years from the date of their approvals on December 10, 2010. However, with time extensions granted by the State , the project expiration date was extended to December 10, 2017. A three- year Administrative Time Extension was approved in 2017 extending the project’s expiration date to December 10, 2020. Construction began in the winter of 2019 and commenced the Planned Development Permit ; however, the Tentative Map was not recorded and expired on December 10, 2020.

On Se
ptember 4, 2024, t he Planning Commission held a public hearing and recommended that the City Council approve the Planned Development Permit and Tentative Map by a 3-0 vote.

Figur
e 1 – Project Site Aerial and Vicinity Map

FINDINGS AND ALTERNATIVES
The propos
ed project modifications are further described below:

Planned Development Permit and Tentative Map
The proposed Planned Development Permit Modification will alter the approved site plan shown in Figure 2 below, with the proposed changes listed below and shown in Figure 3:

1. Redesi
gn of the enriched parkway along Los Angeles Avenue to gain approximately 376 square feet of landscaping due to the removal of the affordable housing development concession.

2. Alterations to patio hardscape on northernmost units to accommodate for landscaping square footage.

3. Remove decorative concrete on walkways, patio areas, parking lot, and parking driveway entrances. The Planning Commission approved this amendment with the condition that a minimum 10-f oot-wide stamped concrete ribbon be included at each entryway of the project site.
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F
igure 2 – Original Site Plan
F
igure 3 – Proposed Site Plan
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A
dditionally, the proposed Planned Development Permit Modification will alter the approved elevations with the following changes shown in Figure 4 below:

1. Removal of decorative stone veneer in some areas to be replaced with matching exterior stucco.

2. Relocation of decorative precast planters from on the wall adjacent to the garages to on the ground.

F
igure 4 – Proposed Elevations
F
or additional details about the project, including the Planning Commission Staff Report, Resolution with findings for approval, and reduced project exhibits, please see Exhibit 2 (Planning Commission Package).

Affordable Housing
The initial project was subject to an Affordable Housing Agreement (AHA-O-51), which deed-restricted three (3) of the units to be reserved for moderate income households.

AHA-O-51 included $225,000 in City financial assistance to be used as down payment assistance for eligible buyers purchasing an Affordable Housing Unit (AHU). This agreement also established the sales price of the AHUs, but the developer has indicated that this price is no longer financially feasible for the project.

O
n March 18, 2024 , the Applicant requested to terminate AHA-O-51. Due to limitations on housing cost ratios pursuant to Health and Safety Code Section 50052.5(4) and the static pricing set by AHA-O-51, the units will either exceed the housing cost ratios or 4 StowVillasCCmeeting10-21-24(klk)
pr
ovide too much subsidy for moderate income households (81% to 120% of the Area Median Income), depending where they fall within the income bracket.

Re
moving these units from the City’s affordable housing inventory will not adversely impact the City’s compliance with the Regional Housing Needs Assessment (RHNA), as moderate income units are currently experiencing the highest level having the greatest amount of construction activity inclusive of Accessory Dwelling Units. No net loss will be triggered as there is no rezoning required . From an affordable housing perspective , the City prefers to see units completed and add ed to the housing inventory rather than face further delay s in construction or risk the project being abandoned due to financial challenges affecting the Applicant and the project. T erminating AHA-O-51 would also include rescinding the down payment assistance for eligible buyers.

Incentives
As part of the discharge and release of AHA -O-51, the project is no longer eligible for Density Bonus concessions and waivers. The applicant has modified the project to remove previous development incentives and to comply with the Municipal Code. The incentives no longer being sought by the development are as follows:
a) A 376-square-foot reduction in parkway area landscaping along Los Angeles Avenue; and
b) A size reduction for 16 replacement trees from a 48-inch to 36- inch box container size.

Regional Housing Needs Allocation (RHNA)
T
he City’s current 2021-2029 RHNA cycle began October 15, 2021 with an allocation of 2,793 housing units a t 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.

T
he Applicant’s proposal to remove Stow Villas from the City’s Pipeline Projects will have a minimal impact on the City’s overall RHNA since the size of the project is too small to create any adverse effect on the inventory. Additionally, the City has met its allocations for moderate and above moderate income housing units, encumbered by previously approved projects that are currently in plan check or under construction.

T
he following alternatives are available to the City Council:

1. A
dopt Resolution No. 2024-42 approving Planned Development Permit No. PD-S- 2024-0004 and Tentative Map No. TT-2024-0002; and a determination that the project is exempt from the California Environmental Quality Act;

2. A
dopt Resolution No. 2024-43 approving the discharge and release of Affordable Housing Agreement No. AHA-O-51;

3. D
o not approve the project amendments;

4. P
rovide staff with alternative direction.
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The Planning Commission recommends Alternative No. 1. Staff recommends Alternatives No. 1 and 2 which includes 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 mov
e to adopt Resolution No. 2024-42 approving Planned Development Permit No. PD- S-2024-0004 and Tentative Map TT -2024-0002; and adopt Resolution No. 2024- 43 approving the discharge and release of Affordable Housing Agreement No. AHA-0-51.

SUMMARY
T
he Applicant, Stow Villas, LLC, requests approval of a Planned Development Permit Modification (PD -S-2024-0004) and a new Tentative Map (TT -2024-0002) for the previously approved 16- unit Stow Villas project (PD -S-964/TT5585) located at 5496 E Los Angeles Avenue. The modifications would allow revisions to the building elevations and site improvements, including landscaping alterations. The project also includes a new Tentative Map to replace the previously expired Tentative Map and the discharge and release of the Affordable Housing Agreement (AHA-O-51). The Planning Commission recommends the City Council introduce Resolutions approving Planned Development Permit No. PD -S-2024-0004 and Tentative Map No. TT -2024-0002; and staff recommends the discharge and release of AHA-O-51.
___
_________________________________
Stratis Perros
Environmental Services Director
P
repared by: Neal Morrissette, Associate Planner
INDEX Page
P
ublic Hearing Procedure .............................................................................................. 7 Resolution No. 2024-42 for PD-S-2024-0004 and TT-2024-0002 ................................... 9 Exhibit A - Legal Description .................................................................................... 11 Exhibit B - Conditions of Approval for PD-S-2024-0004 ........................................... 12 Exhibit C - Conditions of Approval for TT-2024-0002 ............................................... 23 Exhibit D - Ventura County Fire Protection District Memorandum, July 24, 2024 .... 30 Resolution No. 2024-43 for Discharge and Release of AHA-O-51 ............................... 31 Exhibit A - Discharge and Release of AHA-O-51 .................................................... 36 Attachment A - Notice of Exemption.............................................................................. 38 Exhibit 1 – Affordable Housing Agreement – AHA-0-51 ................................................ 39 Exhibit 2 - September 4, 2024 Planning Commission Staff Report, Resolution and Draft Minutes ................................................................................................................. 89 6 StowVillasCCmeeting10-21-24(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 a request from Stow Villas, LLC, for a Planned Development Permit Modification (PD-S-2024-0004) to revise previously approved elevations and site improvements, and a Tentative Map (TT -2024-0002) to develop 16 condominium units ;
Discharge and Release of AHA -O-51 related to previously approved affordable housing incentives, for a property located at 5496 E Los Angeles Avenue; a determination that the
project is exempt from the California Environmental Quality Act; and introduction of two 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?

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

7 CASE NO. PD-S-2024-0004 / TT-2024-0002/ Release and Discharge of AHA-O-51 APPLICANT: Stow Villas, LLC

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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) Adopt, modify, or not adopt Resolution No. 2024- 42 for Planned Development Permit No. PD -S-2024-0004 and
Tentative Map No. TT-2024-0002 (requires a second and
a vote;);and

2) Adopt, modify, or not adopt Resolution No. 2024-43 for the Discharge and Release of Affordable Housing Agreement
No. AHA-O-51 (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.

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RE
SOLUTION NO. 2024-42

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SIMI VALLEY APPROVING A PLANNED DEVELOPMENT
PERMIT MODIFICATION (PD -S-2024-0004) TO REVISE

PREVIOUSLY APPROVED ELEVATIONS AND SITE
IMPROVEMENTS; AND A TENTATIVE MAP (TT-2024-0002)
TO DEVELOP 16 CONDOMINIUM UNITS ; FOR A
PROPERTY LOCATED AT 5496 EAST LOS ANGELES
AVENUE; INCLUDING A DETERMINATION THAT THE

PROJECT IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.

WH
EREAS, the applicant, Stow Villas, LLC, has requested approval of a Planned Development Permit Modification (PD -S-2024-0004) to revise previously approved elevations and site improvements, and a Tentative Map (TT -2024-0002) to develop 16 condominium units, located at 5496 E ast Los Angeles Avenue, known as Ventura County Assessor Parcel Number 651-0- 020-455 and by legal description attached hereto as Exhibit A ; and a determination that the project is exempt from the California Environmental Quality Act;
WH
EREAS, on September 4, 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 PD-S-2024-0004 and TT-2024-0002; and WH
EREAS, 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
WH
EREAS, on October 21, 2024, the City Council conducted a public hearing to consider the evidence and public testimony on the project; and, WH
EREAS, this resolution, and its findings, are based on the entire administrative record considered during the October 21, 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 Planned Development Permit No. PD-S-2024- 0004 and Tentative Map No. TT-2024-0002 contained in the Planning Commission Staff Report dated September 4, 2024, and incorporated herein by reference, and hereby adopted.
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SECTION 2. Environmental Assessment. Because of the facts set forth in Section 1, the Director determined that the proposed Planned Development Permit Modification and Tentative Map are exempt from further environmental review under CEQA and CEQA Guidelines because it qualifies as Categorically Exempt under CEQA Guidelines §15332. A Notice of Exemption was prepared in accordance with CEQA Guidelines 15062, which is incorporated by reference.

SECTION 3. Planned Development Permit No. PD-S-2024-0004 is hereby approved, subject to compliance with all conditions contained in Exhibit B, attached hereto.

SECTION 4 . Tentative Tract No. TT -2024-0002 is hereby approved, subject to compliance with all conditions contained in Exhibit C, attached hereto.

SECTION 5. The time within which judicial review must be sought for administrative decisions is governed by California Code of Civil Procedure Section 1094.6.

SECTION 6. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk.

PASSED and ADOPTED this 21st 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
10 RES. NO. 2024-42

EXHIBIT A
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LEGAL DESCRIPTION

THAT PORTION OF PARCEL “J”, SECTION 8, TOWNSHIP 2 NORTH, RANGE 17

WEST, IN THE CITY OF SIMI VALLEY, COUNTY OF VENTURA, STATE OF CALIFORNIA, OF SUBDIVISION NO. 3, SIMI LAND AND WATER COMPANY, RANCHO SIMI AS PER MAP RECORDED IN BOOK 5 PAGE 25 OF MISCELLANEOUS

RECORDS (MAPS), RECORDS OF THE COUNTY OF VENTURA, STATE OF CALIFORNIA.

11 RES. NO. 2024-42

EXHIBIT B
CASE NO.: PD-S-2024-0004
APPLICANT: Stow Villas, LLC

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PROJECT PERMIT CONDITIONS

The conditions marked with an asterisk (*) are Special Conditions applicable specifically to this permit. In the event of a conflict between a Standard Condition and a Special Condition, the Special Condition will take precedence. These conditions of approval will supersede any conflicting notations, specifications, dimensions, and typical sections that may be shown on a development plan or exhibit. Applicant (Permittee) will assume all costs incurred in complying with the conditions contained herein. “Perm ittee” or "Applicant" or "Developer" or "Owner" as used in these conditions means all Applicants, developers, permittees, and all owners of the subject property and all successors and assigns thereto. These conditions are deemed to touch and concern the real property, which is the subject hereof, and will run with the land. Compliance with these conditions must be maintained for the life of the permit. Applicant must comply with all of the conditions.

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 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. 12 RES. NO. 2024-42

CASE NO.: PD-S-2024-0004
APPLICANT: Stow Villas, LLC

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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 Sheet A -0.0 Cover Sheet; A -0.1R Revised Site Plan; AA -1.3r Revised Building “A” Composite Exterior Elevations; AA -1.4 Revised Building “A” Composite Exterior Elevations; AB -1.3 Building B/D Elevations; AB -1.4 Building B/D Composite Elevations; AC- 1.3 Building C Composite Elevations; AD-1.3R Revised Building “D” Elevations; L-1R Site Landscape Circulation; L -2R Proposed Tree Sizes & Quantities; L- 3R Proposed Irrigation Plan; L- 3 Details; Tentative Tract Map No. 6102; date July 22, 2024.

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-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.

CASE NO.: PD-S-2024-0004
APPLICANT: Stow Villas, LLC

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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 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 Tentative Map T T-2024-0002 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 expressly made contingent upon the Discharge and Release of the 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.

CASE NO.: PD-S-2024-0004
APPLICANT: Stow Villas, LLC

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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 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-14 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-15 P ermittee 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.

A-16 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.

A-17 Before issuance of Zoning Clearance, Permittee must install Ring doorbells pursuant to Optional Standards found in SVMC 9- 24.060.D.2.e, which states “physical security devices shall be incorporated into the design of the project.”
*A-18 Permittee must submit to the Deputy Environmental Services Director/City Planner for review and approval, revised site plan and elevations that include the following:
a. Stone veneer on all building elevations as shown on approved building elevations per PD-S-964;
b. Removal of stone veneer on all trash enclosures;
c. 10 foot depth of stamped concrete at each project entry driveway in the color and style originally approved per PD-S-964.
15 RES. NO. 2024-42

CASE NO.: PD-S-2024-0004
APPLICANT: Stow Villas, LLC

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B. PUBLIC WORKS CONDITIONS:

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 are not a comprehensive listing of all State and Municipal Code requirements and City ordinances and policies. All of the following Conditions, including the payment of all the miscellaneous fees, must be completed before the issuance of a Zoning Clearance, unless other timing has been specified by the City Engineer. The conditions marked with an asterisk (*) are Special Conditions applicable specifically to this project. In the event of a conflict between a Standard Condition and a Special Condition, the Special Condition will take precedence.

B-2 Before of the City Engineer issues a Grading Permit, Permittee must submit improvement plans on 24" x 36" sheets having the City's standard signature blocks. All lettering on the plans must be a minimum of .08 inch in size and the plans must be drawn to ensure reproduction and record keepi ng. All plans must be drawn in ink and must be signed by a California State Registered Civil Engineer at the time of first submittal. All improvement plans must comply with Chapter 7 of the Ventura County Land Development Manual adopted by City Council Resolution No. 69- 8. Permittee must submit improvement plans for the entire project as one package and must include all project improvements shown 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 City Engineer issues an encroachment permit, all improvement plans and submittals must be accepted by the City Engineer, all applicable fees must be paid, all securities must be posted and insurance documentation provided.

B-4 Before requesting a final inspection for release of securities, Permittee must submit record drawings, certifications, final soils report, and digital files depicting the completed improvements in geodatabase or shapefile format compatible with the City GIS database, to the Department of Public Works.

B-5 Before occupancy, Permittee must complete all improvements per the accepted plans and approved conditions and obtain acceptance for the improvements by the City.

16 RES. NO. 2024-42

CASE NO.: PD-S-2024-0004
APPLICANT: Stow Villas, LLC

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Grading
B-6 Before the City Engineer issues a grading permit, Permittee must submit a site paving, grading, and drainage plan, subject to review and approval by the City Engineer.
a. The plans must be in conformance with Chapter 7 of the Ventura County Land Development Manual adopted by City Council
Resolution No. 69-8;

b. The site paving, grading, and drainage plan must be accompanied by a geotechnical report, prepared to comply with the City of Simi Valley Guidelines for Geotechnical Reports;

c. 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.

B-7 Before the City Engineer issues a grading permit, Permittee must post improvement securities for all grading, must pay all applicable fees, and must provide insurance documentation.

B-8 Permittee must obtain a grading permit, must complete the grading according to the approved plans, and must provide certifications by the soils engineer and civil engineer.

Drainage
B-9 Before the City Engineer issues a grading permit, Permittee must provide a final drainage study prepared by a California State Registered Civil Engineer. This study must include hydrologic and hydraulic calculations and must comply with the City of Simi Valley Drainage Study Guidelines, Goal VIII-3 of the General Plan, the Ventura County Hydrology Manual, and the Hydraulic Design Manual of the Los Angeles County and Ventura County Watershed Protection Districts.

B-10 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 from the site area. The hydrograph flood routing method or unit volume method using 1,000/2,500 cubic feet per acre (bypass/flow through respectively) may be used for detention design when the project does not exceed 10 acres of developable area.

CASE NO.: PD-S-2024-0004
APPLICANT: Stow Villas, LLC

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Maintenance consistent with the current Technical Guidance Manual for Stormwater Quality Control Measures of the Ventura County Stormwater Quality Management Program.

Storm Water Quality
*B-13 Before the City Engineer issues a grading permit, Permittee must prepare a Storm Water Pollution Prevention Plan (SWPPP) and incorporate permanent storm water quality treatment devices into the site improvements for review, before approval by the City Engineer. The SWPPP must be prepared and implemented to comply with:
a. State Water Resources Control Board, Division of Water Quality Order No. 2022-0057-DWQ: National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (“General Permit”), NPDES No. CAS000002, effective September 1, 2023; and

b. State of California, California Regional Water Quality Control Board, Los Angeles Region Order No. R4- 2021-0105: Waste Discharge Requirements and NPDES Permit for Municipal Separate Storm Sewer System (MS4) Discharges Within the Coastal Watersheds of Los Angeles and Ventura Counties, NPDES No. CAS004004, effective September 11, 2021.

*B-14 Permittee must identify pollutant sources and 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 c onstruction period. For any work in progress, updated SWPPP and erosion control plans must be submitted during the period from November 1 to April 1 of each year.

Maintenance Services
B-15 Before the City Engineer issues a Grading Permit, Permittee must have received Public Works approval for the projects construction level Landscape and Irrigation design plans and must have paid all public works plan check and inspection fees.

B-16 Before the Building Official issues a final Certificate of Occupancy, Permittee must have included a statement in any applicable Conditions, Covenants, and Restrictions (CC&R’s) for this project requiring that the Owner maintain any and all landscaping and irrigation adjacent the project and within the public rights -of-way. In lieu of establishment of a set of CC&R’s or an Industrial or Commercial Management Agreement, it shall be the property owner’s responsibility under the planned development permit 18 RES. NO. 2024-42

CASE NO.: PD-S-2024-0004
APPLICANT: Stow Villas, LLC

StowVillasCCmeeting10-21-24(klk)
to maintain landscape and irrigation within the public rights -of-way for this development.

Waterworks District 8
B-18 The proposed Irrigation Plan L- 3R, Revision 2, dated June 20, 2024, is inaccurately depicting the location of the irrigation water service connection, irrigation meter, and backflow prevention assembly. The irrigation water service and meter were already installed for this project. Permittee must correct the drawing to depict the actual location of the irrigation meter.

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.
19 RES. NO. 2024-42

CASE NO.: PD-S-2024-0004
APPLICANT: Stow Villas, LLC

StowVillasCCmeeting10-21-24(klk)
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 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 20 RES. NO. 2024-42

CASE NO.: PD-S-2024-0004
APPLICANT: Stow Villas, LLC

StowVillasCCmeeting10-21-24(klk)
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:

E. RANCHO SIMI RECREATION AND PARK DISTRICT:

E-1 Permittee must provide the Rancho Simi Recreation and Park District (RSRPD) with updated Park Land Dedication/In-Lieu Fees for the three (3) previously dedicated affordable units that will no longer have an affordable component before the issuance of a Zoning Clearance for the project to the City of Simi Valley. 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. A copy of the current “Table of Values” used to determine the amount of fee in-lieu of land dedication is attached for the permittees information.

END OF ALL CONDITIONS

21 RES. NO. 2024-42

CASE NO.: PD-S-2024-0004
APPLICANT: Stow Villas, LLC

StowVillasCCmeeting10-21-24(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 PD -S-2024- 004 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________________________

22 RES. NO. 2024-42

EXHIBIT C
CASE NO.: TT-2024-0002
APPLICANT: Stow Villas, LLC

StowVillasCCmeeting10-21-24(klk)

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 takes 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 bee n met and any fees have been paid unless the condition states otherwise. The Final Map for any phase of the 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 a pplicable 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 offsit e 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. 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.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.
23 RES. NO. 2024-42
CASE NO.: TT-2024-0002
APPLICANT: Stow Villas, LLC

StowVillasCCmeeting10-21-24(klk)
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.

A. ENVIRONMENTAL SERVICES CONDITIONS:

A-1 This 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 Exhibit Tentative Tract Map No. 6102.

A-2 Approval of this project requires certain legislative determinations by the City Council. The approval of the tentative map is expressly made contingent upon the Discharge and Release of the Affordable Housing Agreement by the City Council.

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

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.

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-of- way and enriched parkways.

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 24 RES. NO. 2024-42
CASE NO.: TT-2024-0002
APPLICANT: Stow Villas, LLC

StowVillasCCmeeting10-21-24(klk)
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 conditions of approval recorded with the Ventura County Recorder's Office.

StowVillasCCmeeting10-21-24(klk)

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 the Final Map to the City Engineer with a title report, reference documentation, calculations, and applicable fees.

B-2 Permittee must provide to the Department of Public Works a digital file of the Final Map in a format compatible with the City GIS database.

B-3 Permittee must submit 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 § 9-64. Permittee must submit improvement plans as one package and must include all project improvements shown on the approved project exhibits and those to be designed per these 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.

26 RES. NO. 2024-42
CASE NO.: TT-2024-0002
APPLICANT: Stow Villas, LLC

StowVillasCCmeeting10-21-24(klk)
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.

Grading and Drainage
B-6 Permittee must design and submit a grading plan, subject to review and approval by the City Engineer. 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, 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 VIII -3 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 flow rate. 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 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 Re gional State Water Resources Control Board to comply with the General Permit.

B-12 Permittee must comply with all FEMA regulations regarding flood zones and flood damage prevention.

Maintenance Services
B-13 Permittee must submit, to the Director of Public Works or designee, final Landscape and Irrigation Plans for the project for review and approval.

Landscape and Irrigation Plans must include estimates and plan check and inspection fees. The project must conform to the Ventura County Waterworks No. 8 Conservation Standards, State of California AB1881 27 RES. NO. 2024-42
CASE NO.: TT-2024-0002
APPLICANT: Stow Villas, LLC

StowVillasCCmeeting10-21-24(klk)
California Model Water Efficient Landscape Ordinance, and design requirements of SVMC § 7-3.08 and 7- 3.09. An estimate and plan check fees must accompany the submittal.

B-15 Permittee must have included a statement on the projects Landscape Improvement Plans stating that the Owner will maintain any existing and all newly established landscaping and irrigation within the public rights-of-way adjacent the project.

B-16 Permittee must provide the Director of Public Works or designee with a plan design that ensures all landscaping within the “Line of Sight” areas at driveways, does not exceed 30” maximum plant height at maturity.

B-17 Permittee must provide Public Works or designee with a plan design for screening all above ground utilities, such as check valves and transformers, which may be located adjacent to the right -of-way. Above-ground utilities must be designed to be setback sufficiently, approximately 6-8 feet from the right-of-way, to allow adequate onsite screening from the roadway as determined by Director of Public Works or designee
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 July 24, 2024 (Exhibit D), which is incorporated by reference.

END OF CONDITIONS

28 RES. NO. 2024-42
CASE NO.: TT-2024-0002
APPLICANT: Stow Villas, LLC

StowVillasCCmeeting10-21-24(klk)

AFFIDAVIT

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________________________

29 RES. NO. 2024-42
Fire Prevention Bureau
2400 Conejo Spectrum St. Thousand Oaks, CA 91320
Office (805) 389-9738
[email protected]

MEMORANDUM
DATE: 7/24/2024
TO: Niel Morrissette
FROM: Corina Cagley, Fire Prevention Officer
PROJECT NUMBER: PD-S-2024-0004, TT2024-0002
FIRE DEPT. RECORD: FPLN17-00350, 000349, 00348
APPLICANT: Siraj Aboulhosn
LOCATION: 5496 E. Los Angeles Ave, Simi Valley
DESCRIPTION: Modification to 16 townhome units (PD-S-964)-changes to landscaping and lighting and elimination of affordable Housing Agreement.

Application Complete - This project has been reviewed by the Ventura County Fire Protection District and is found to be complete- all prior conditions apply.

EXHIBIT D
30 RES. NO. 2024-42

StowVillasCCmeeting10-21-24(klk)
RE
SOLUTION NO. 2024-43
A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SIMI VALLEY APPROVING THE DISCHARGE AND

RELEASE OF THE AFFORDABLE HOUSING AGREEMENT
(AHA-O-51) FOR THE STOW VILLAS CONDOMINI UMS,

INCLUDING RESCINDING CITY FINANCIAL ASSISTANCE

FOR ELIGIBLE BUYERS
W HEREAS, the City of Simi Valley approved PD -S-964 on December 10, 2007 for the development of 16 townhomes , including three Affordable Housing Units designated for moderate income households, located at 5496 E. Los Angeles Avenue, Simi Valley; and
W
HEREAS, the City of Simi Valley and Mehdi Humkar entered into the Affordable Housing Agreement (AHA-O-51) on December 10, 2007 and recorded on December 27, 2007 as document number 20071227-00232083; and W
HEREAS, the City agreed to provide $225,000 in down payment assistance to the eligible buyers of three Affordable Housing Units in the Project; and W
HEREAS, the City approved the Assignment and Assumption of AHA-O- 51, approving the transfer of ownership from Mehdi Humkar to GN Elite Properties on June 5, 2017 and recorded as document number 20171012-00132957; and W
HEREAS, the City approved the Assignment and Assumption of AHA-O- 51, approving the transfer of ownership from GN Elite Properties to Stow Villas, LLC (Developer) on November 18, 2019 and recorded as document number 20191220- 00161992; and
W
HEREAS, the Developer has redesigned the project to eliminate the need for the incentives and waivers previously requested in exchange for the Affordable Housing Units; and
W
HEREAS, the Developer on March 18, 2024 requested that the City Council approve a Discharge And Release of AHA-O-51 (Exhibit A) to maintain economic viability and to allow the completion of the Project; and, W
HEREAS, the City ’s Regional Housing Needs Assessment will not be adversely affected by the Discharge and Release of the Affordable Housing Agreement/Ownership.

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

SECTION 1. The City Council hereby approves the Discharge and Release of Affordable Housing Agreement/Ownership.
31 StowVillasCCmeeting10-21-24(klk)
SECTION 2. The City Council hereby rescinds the previously committed $225,000 of City financial assistance for the Project.

SECTION 3. The City Council maintains its commitment to supporting affordable housing ownership opportunities through its ongoing housing programs.

SECTION 4. 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 21st 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

32 RES. NO. 2024-43
StowVillasCCmeeting10-21-24(klk)

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

CITY OF SIMI VALLEY

CITY CLERK'S OFFICE
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 Sections 6103 and 27383.

DISCHARGE AND RELEASE OF
AFFORDABLE HOUSING AGREEMENT/OWNERSHIP (AHA-O-51)

THIS DISCHARGE AND RELEASE OF AMENDED AND RESTATED
AFFORDABLE HOUSING AGREEMENT /OWNERSHIP (this “ Release”) is being executed as of , 2024, by the City of Simi Valley, a municipal corporation and body corporate and politic organized and existing under the constitution and laws of the State of California (together with any successor to its rights, duties and obligations, the “City”), with reference to the following facts:

RECITALS

A. In connection with the issuance by the City of $225,000 in down payment assistance to Eligible Buyers of three Affordable Housing Units in the Project , the City entered into that certain Affordable Housing Agreement (AHA-O-51) dated as of December 3, 2007, and recorded on December 27, 2007 as Instrument No. 20071227- 00232083, in the Official Records of Ventura County, California (the “ Affordable Housing Agreement”), which Affordable Housing Agreement imposed certain restrictions on that certain “Project” and “Property” described in Exhibit A.

B. The owner requested to remove the Affordable Housing Agreement for the Project on March 18, 2024. The Owner will restore the incentives previously agreed to with the Planning Division.

NOW, THEREFORE, the City hereby declares as follows:

1. Affordable Housing Agreement Terminated. The City hereby acknowledges that the Affordable Housing Agreement is discharged and released at the request of the Owner, rescinding City financial assistance of $225,000 to eligible buyers , and the Affordable Housing Agreement is no longer in force or effect. 33 RES. NO. 2024-43
2 StowVillasCCmeeting10-21-24(klk)

2. Release and Discharge. The purpose of this Release is to (a) forever release and discharge Stow Villas, LLC, the owner of the Project and Property, and its successors and assigns, from any further obligations or restrictions imposed on such owner or the Project by the Affordable Housing Agreement, and (b) to release and discharge the lien or encumbrance on the Project and Property created by the Affordable Housing Agreement.

3. Recordation. This Release shall promptly be recorded in the Official Records of Ventura County, California.
[Signature on Following Page]

34 RES. NO. 2024-43
3 StowVillasCCmeeting10-21-24(klk)

IN WITNESS WHEREOF, the City has caused this Release to be executed as of the date first above written.

CITY:

CITY OF SIMI VALLEY,
A Municipal Corporation

By:

Samantha C. Argabrite, City Manager

35 RES. NO. 2024-43

4 StowVillasCCmeeting10-21-24(klk)
EXHIBIT “A”

LEGAL DESCRIPTION

That portion of Parcel “J”, Section 8, Township 2 North, Range 17 West, in the City of Simi Valley, County of Ventura, State of California, of Subdivision No. 3, Simi Land and Water Company, Rancho Simi as per map recorded in Book 5 Page 25 of Miscellaneous Records (MAPS), Records of the County of Ventura, State of California. 36 RES. NO. 2024-43

5 StowVillasCCmeeting10-21-24(klk)

ACKNOWLEDGMENT

STATE OF CALIFORNIA )
)
COUNTY OF _____________________ )
On _____________________, 202___, before me,
______________________________, a Notary Public, personally appeared _______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _____________________________
(SEAL)
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
37 RES. NO. 2024-43

ATTACHMENT A

NOTICE OF EXEMPTION
To: County Clerk From: City of Simi Valley
County of Ventura 2929 Tapo Canyon Road
800 S. Victoria Avenue Simi Valley, CA 93063
Ventura, CA 93001
Project Title: PD-S-2024-0004 / TT-2024-0002 (Stow Villas) Project Location - Specific: 5496 E Los Angeles Ave
Project Location - City: Simi Valley Project Location - County: Ventura Description of Project: Modification to the Planned Development Permit to revise the building elevations and site improvements, a Tentative Tract Map to subdivide the site into 16 townhome units, and request to eliminate the previously approved affordable housing incentive.

Name of Public Agency Approving Project: City of Simi Valley 09-04-2024 Date of Approval
Name of Person or Agency Carrying Out Project: Stow Villas LLC Exempt Status: (check one)
Ministerial [Sec. 21080(b)(1); 15268];
Declared Emergency [Sec. 21080(b)(3); 15269(a)];
Emergency Project [Sec. 21080(b)(4);15269(b)(c)];
Categorical Exemption. State type and section number 15332 Statutory Exemption. State code number
Common Sense Exemption [Sec. 15061(b)(3)]
Text of exemption and reasons why project is exempt:
“Class 32 consists of projects characterized as in-fill development meeting the conditions described in this section. (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. (c) The project site has no value as habitat for endangered, rare or threatened species. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. (e) The site can be adequately served by all required utilities and public services.” The proposal, a Modification to the Planned Development Permit to revise the building elevations and site improvements, a Tentative Tract Map to subdivide the site into 16 townhome units, and request to eliminate the previously approved affordable housing incentives. The proposed project does not conflict with applicable policies of the General Plan or regulations in the Development Code. The project is located within city limits on a site less than five acres. Due to its location in a highly developed area, the site does not have any value as habitat for endangered, rare, or threatened species.

The City Traffic Engineer determined that the project would not cause any intersection to operate below level of servi ce C and would not result in a 10 -fold increase in traffic volumes on adjacent streets. Therefore, the project would not cause a significant increase (10 dBA) in noise levels. The project will not result in a significant impact on air quality in that it will not generate reactive organic compounds or oxides of nitrogen in excess of 25 pounds per day. The project is required to implement a Storm Water Pollution Control Plan in compliance with the National Pollutant Discharge Elimination System by the Simi Valley Municipal Code. Therefore, the proje ct will not result in significant impacts on water quality. Due to the site’s location in a developed portion of the City, all required utilities and public services currently serve the area and a re available to serve the project. Based on all of the above facts, the project is categorically exempt from further CEQA review as a Class 32 Exemption.

Lead Agency
Contact Person: _ Neal Morrissette Area Code/Telephone: 805-583-6867 Signature: Date: 09/04/2024 Title: Associate Planner Neal Morrissette
Signed by Lead Agency
Date received for filing at OPR:
38 RECORDiNG REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Simi Valley
Department of Environmental Services
2929 Tapo Canyon Road
Simi Valley, CA 93063
Ill I I II IIIII I II IIIIIIIIIIII IIIII IIIII Ill lllll llll Ill 20071227-00232083·0 1/50 Ventura County Clerk and Recorder
Philip J. Schmit
12/27/2007 10:21:09 AM
159010 $.00 co
[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 Sections
6103 and 27383.

APN: 651-0-020-455

AFFORDABLE HOUSING AGREEMENT BY AND AMONG THE CITY OF

SIMI VALLEY, THE SIMI VALLEY COMMUNITY DEVELOPMENT

AGENCY AND MEHDI HUMKAR
(TT5585)
The land referred to in this Affordable Housing Agreement is situated in the City of Simi Valley, County of Ventura, and State of California on a certain 1. 35-acre parcel of land located on the southwest corner of Los Angeles Avenue and Stow Street, more particularly described in Exhibit A.

This Affordable Housing Agreement provides rights to the City of Simi Valley and the Simi Valley Community Development Agency in regulating the sale of three (3) units in the Mehdi Humkar16-unit condominium project for a period of fifty-five (55) years from the initial sale date of each affordable unit.

H 55 / 11-07 (lg)
EXHIBIT 1
39 AFFORDABLE HOUSING AGREEMENT

MEHDI HUMKAR CONDOMINIUMS

PREAMBLE
THIS AFFORDABLE HOUSING AGREEMENT is entered into by and among the City of Simi Valley, a municipal corporation, hereinafter referred to as "City," the Simi Valley Community Development Agency, a public body, corporate and politic, hereinafter referred to as "Agency" and Mehdi Humkar, hereinafter referred to as "Developer".

WI TN ES ET H:

WHEREAS, a purpose of this AFFORDABLE HOUSING AGREEMENT, hereinafter referred to as "Agreement", is to effectuate the development of 16 residential dwelling units, of which three units are to be reserved for occupancy by Moderate-Income first time homebuyers (hereinafter referred to as "AHU" or "AHUs"), to be located within the City of Simi Valley on that certain real Property consisting of approximately 1.35 acres, located at the southwest corner of Los Angeles A venue and Stow Street, and as legally described in Exhibit A hereto, hereinafter referred to as "Property"; and WHEREAS, Developer has submitted an application to the City to construct 16 attached units (GPA-70; Z-S-607; TT5585; PD-S-964), hereinafter referred to as the "Project", of which three units are to be occupied by Moderate-Income first time homebuyers, hereinafter referred to as "Eligible Buyers"; and
WHEREAS, Agency has agreed to provide $225,000 in down payment assistance to Eligible Buyers of three AHUs in the Project; NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties hereto agree as follows:

ARTICLE I

DEFINITIONS

1.01 The following terms shall have the following meanings in this Agreement:
(a) "Adjustable Rate Mortgage" shall mean 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. (b) "Affordable Units" shall mean those three AHUs to be constructed on the Property, which are to be purchased by Moderate-Income first time homebuyers, each of whom will receive an Agency loan.
(c) "Area Median Income (AMI)" shall mean the median yearly income adjusted by household size in Ventura County, California as determined from time to time by: (1) The California Department of Housing and Community Development ("HCD"); or (2) The United States Department of Housing and Urban Development ("HUD") in the event HCD ceases H 55 I 11-07 (lg) -2-
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pubiic;.ation or fails to publish such amounts for a period of 18 months; or (3) City/Agency, in the event HUD ceases publication or fails to publish such amounts for a period of 18 months. ( d) "Area Median Income Index" shall mean the annual percentage increase in the Area Median Income for Ventura County for a family of four persons. (e) "Days" shall mean calendar days.
(f) "Developer" shall mean all applicants, developers, permittees, and all owners of the subject property and all successors and assigns thereto. (g) "Eligible Buyer" shall mean a household purchasing an AHU who meets the income requirements as a Moderate-Income household. Eligible Buyers must qualify as a first time homebuyer as defined in the City's First Time Homebuyer Assistance Program Policies and Procedures Manual.
(h) "Exempt Unit" shall mean the 13 units in the Project not subject to this Agreement, and which may be sold to the general public at a non-restricted sales price. (i) "First Time Homebuyer" shall mean the purchaser who meets the requirements identified in the latest First Time Homebuyer Assistance Program Policies and Procedures Manual approved by the City Council.
(j) "Household Income" shall mean 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 Title 25, California Code of Regulations, Section 6914. (k) "Household Size" shall mean the total number of persons residing in the AHU as their Principal Place of Residence.
(1) "Moderate-Income" shall mean the Moderate-Income Limit figure for Ventura County, California, adjusted by household size, as determined from time to time by: 1) The California Department of Housing and Community Development ("HCD"); or (2) The United States Department of Housing and Urban Development ("HUD") in the event HCD ceases publication or fails to publish such amounts for a period of 18 months; or (3) City/Agency, in the event HUD ceases publication or fails to publish such amounts for a period of 18 months.

AHUs.
(m) "Option to Purchase" shall mean City/ Agency's right of first refusal to buy the (n) "Owner" shall mean the person or all of the persons holding legal title to the AHU, and their successors to that title.
(o) "Principal Place of Residence" shall mean the residence where Owner resides for at least ten (10) months out of each calendar year. (p) "Public Report" shall mean the document of the same name issued by the California Department of Real Estate with respect to sales of subdivision units. (q) "Purchase Price" or Base Price shall have the meaning set forth in Paragraph

5.01 hereof.

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41 (r) · "Restrictive Covenants" shall mean the documents attached hereto as Exhibit B, which shall be executed and recorded upon the initial sale of each of the three AHU s. (s) "Transfer" means any voluntary or involuntary sale, assignment or transfer of ownership of or any interest in the Property, including but not limited to, 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 Property, or any interest evidenced by a land contract, a trustee's sale, judicial foreclosure sale, or deed in lieu of foreclosure.

ARTICLE II

CITY/ AGENCY INCENTIVES

2.01 Agency Down Payment Assistance Loans. Subject to City/Agency approval of the Project, Agency agrees to provide down payment assistance loans to each Eligible AHU Buyer in the amount of $75,000 for the three 3-bedroom affordable units in the Project.

A title insurance company acceptable to the Agency shall have unconditionally committed to issue a lender's policy of title insurance insuring the lien of the Deed of Trust in the amount of each Agency loan, subject to such exceptions as are acceptable to Agency, together with any endorsements requested by Agency. Developer shall be responsible for the cost of each title policy and endorsement.

2.02 General Plan Amendment, Zone Change and Regulatory Incentives. The Developer )
has requested a General Plan Amendment, Zone Change, Tentative Map and a Planned Development Permit (GPA-70, Z-S�607, TT5585 and PD-S-964), which will serve to ) redesignate the land use and rezone the Property from Commercial Office to Residential High Density, thereby permitting the development of a residential project at a density of

11.85 units per acre. The Developer has also requested that the City/Agency provide the following two incentives: 1) a reduction of 376 square feet in the required amount of parkway landscaping along Los Angeles A venue; and 2) a reduction in the size of 16 box trees, from 48-inch to 36-inch container size, along the southern boundary of the property.

ARTICLE III
TERM

3.01 Term of Agreement. The term of this Agreement and the covenants contained herein shall run from the date this Agreement is entered into until the end of the 55-year expiration term of the last AHU sold hereunder.
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4.01 ARTICLE IV

DEVELOPER PROMISES
Approvals. Developer agrees to obtain all required approvals, permits, allocation grants, licenses, waivers or variances (collectively referred to in this Agreement as the "Approvals") from all governmental agencies having jurisdiction with respect to the Project. Developer agrees to diligently pursue applications working in close conjunction with City/Agency. It is specifically understood and agreed by the parties that City, Agency, City Council, Agency Board, Planning Commission and City's Affordable Housing Subcommittee retain complete discretion to review plans and applications submitted by Developer and to approve, disapprove, condition or make recommendations with regard to said 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 shall City or Agency's failure to approve or grant a conditioned approval be a breach of this Agreement nor be a basis for any claim or cause of action against City or Agency.

4.02 Development of Project. Developer agrees to promptly begin and diligently pursue to completion the development of the 16-unit Project, as required by the conditions of approval for PD-S-964, (the "Project"). The Project shall reserve three units for Eligible Buyers, the location of which are identified in Exhibit F.

4.03 Marketing and Sale of Affordable Units. Developer agrees to market and sell the three AHUs, which are the subject of this Agreement only to Eligible Buyers pursuant to the terms hereof.

4.04 Developer's Affordable Sale Price. Developer agrees to sell each of the AHUs at a price not to exceed the amount identified in Paragraph 5.01 below in order to make the AHUs affordable to Eligible Buyers.

4.05 Compliance with Use and Occupancy Laws. Developer agrees that for each sale, Developer shall also comply with all applicable State and local laws, statutes, ordinal)ces, rules and regulations restricting the use and occupancy and sale of the three AHUs.

4.06 Restrictive Covenants. Upon the first sale by Developer of each AHU to an Eligible Buyer, Developer shall execute and record the Restrictive Covenants in the · form attached hereto as Exhibit B, which requires the Buyer to abide by the resale provisions, owner occupancy requirement and option to purchase attached to each AHU. The Restrictive Covenants shall clearly state that the restrictions shall run with the land and be enforced by City/Agency, or their designee, against any buyer or seller for the term of the control.

4.07 Non-Subordination of Restrictive Covenants. The Restrictive Covenants shall not be made subordinate to any monetary lien recorded against the AHUs for a period of fifty-five (55) years from the initial date of the close of escrow for each AHU.

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4. 08 . N oti:fication and Reporting.
(a) From the time of certification of the building pads by City/Agency until the last AHU has closed escrow, Developer agrees to provide, in such details as may reasonably be required by City/ Agency, a Unit Summary Report no less than once every month, which shall describe the actual progress of construction and the marketing and sale of the AHU s. · The Report shall identify the status of. each AHU using the format attached as Exhibit E to this Agreement, incorporated herein by reference.

Developer agrees to permit the sales office records to be inspected by City/ Agency to verify compliance with the terms of this Agreement.
(b) Developer agrees to notify City/ Agency at least thirty (30) days in advance of the date on which the first Affordable Housing Unit will become available for sale.

4.09 Affordable Housing Units. Developer shall reserve three 3-bedroom units containing approximately 1,620 square feet each for sale to Eligible Buyers, the location of which are identified in Exhibit F.

4.10 Preparation of Closing Documents. Developer agrees to provide to the escrow for the sale of each AHU all appropriate closing documents, except for the Restrictive Covenants, Promissory Note, and Deed of Trust, which shall be prepared and provided in a timely fashion to escrow by Agency.

4.11 City's Purchase Option. Developer agrees that City shall have the right to purchase the AHUs, or assign its rights, duties or obligations under the option to purchase the / ) AHUs, to any Eligible Buyer in accordance with the Restrictive Covenants. In addition, City/ Agency agrees to attempt to resell any AHU that it has acquired, exercising its rights under the option described herein, to an Eligible Buyer at the Purchase Price in accordance with the Restrictive Covenants.

4.12 Non-Subordination of Affordable Housing Agreement. IT IS AGREED THAT

CITY/AGENCY SHALL NOT SUBORD INATE THIS AFFORDABLE HOUSING

AGREEMENT OR ANY OF ITS TERMS, OR THE SEPARATELY RECORDED

RESTRICTIVE COVENANTS TO ANY MONETARY LIEN RECORDED
AGAINST THE PROJECT OR THE AHUs.

ARTICLE V

DETERMINATION OF PURCHASE PRICE

5.01 Purchase Price. The Purchase Price for each AHU shall not exceed $370,000 exclusive of $75,000 in Agency down payment assistance to be provided to each Eligible Buyer in the form of a note secured by a second deed of trust. However, the Purchase Price for each AHU may be increased once during calendar year 2008 and once during calendar year 2009 by a percentage amount equal to the lesser of three percent, or the percentage increase in the Area Median Income Index, from 2007 to 2008 and from 2008 to 2009.
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ARTICLE VI

PROJECT MARKETING

6.01 Presentment of Outreach Program. Developer agrees that, at least five (5) months prior to the anticipated date for the offer for sale of the first AHU, it will present to City/Agency for their review and approval, a targeted Outreach and Affordable/ Affirmative Marketing Program (the "Outreach Program") 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. City/ Agency agrees to review and approve the Outreach Program in a timely fashion. At the commencement of the Outreach Program, and as part of said Program, Developer shall market the AHUs exclusively within the City of Simi Valley for a period of sixty (60) consecutive calendar days, or upon the receipt of 20 applications, whichever occurs first. Developer agrees that the Outreach Program shall include, but not be limited, to:
(a) A marketing brochure;
(b) A sales staff training manual for AHU sales staff, as described in Paragraph

6.02 below, describing pertinent data regarding the Project, the AHUs, sales price, method of selection of buyers of Exempt Units and AHUs, required financial qualifications of all buyers and details regarding available financing, use restrictions and typical costs;
(c) An identification of lending institutions offering low-interest rate financing under available State or Federal programs known to Developer and City I Agency; ( d) A print media and local cable broadcast schedule, the latter being optional at the discretion of the Director of Environmental Services;
(e) A display of the fair housing logo in sales brochures and in advertisements; (f) A display of fair housing information at the sales office; (g) A provision of advertising in both English and Spanish-speaking media, if locally available;
(h) Advertisements indicating the availability of any handicapped accessible AHU; (i) A marketing program designed to attract prospective buyers of all majority and minority groups in the housing market area regardless of race, color, creed, religion, sex, sexual orientation, marital status, familial status, physical disability, mental condition, national origin, ancestry, or status with regard to receipt of public assistance, (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 and feel welcome to apply and have the opportunity to buy an AHU.
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45 (j) A disclosure notice, in large type, prominently displayed regarding the Restrictive Covenants recorded against the AHUs.
(k) A site plan of the Project indicating the location of the AHUs within the development.
(1) Any other measure that City/Agency and Developer deem to be reasonable.

6. 02 Sales Staff Training Manual. Developer shall prepare a training manual for its sales staff and shall ensure that such staff is informed with respect to the restrictions and regulations associated with the sale and resale of the AHU s, and the appropriate representations and disclosures to be made to each potential buyer. Developer agrees to include in the Sales Staff Training Manual procedures for the acceptance of applications and referral of qualified applicants to lenders and to City/ Agency.

6.03 Prioritization and Selection of Potential Home Buyers. Developer agrees to begin advertising the AHUs in accordance with the City-approved Outreach Program, not less than three (3) months prior to the projected date of completion of construction of the AHUs, and to begin accepting applications for the AHUs at the same time. All applications will be date_ and time stamped in the order received. Applications will be accepted for a period of sixty ( 60) days after the commencement of advertising, or upon receipt of twenty (20) applications, whichever comes first. Developer agrees that the applications will be prioritized as follows:
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First Priority: Applicants who have lived or worked in Simi Valley for a minimum of one year immediately prior to the time an application to purchase an affordable unit is submitted, or who have children, siblings or parents who live in Simi Valley;
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Second Priority: All other applicants.

6.04 First Time Homebuyer Seminar. Developer shall provide to, and shall 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.

6.05 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/ Agency upon request. City/ Agency agrees to review the applications received to provide a preliminary determination of applicant's eligibility and forward a response to Developer within five (5) business days.

Developer agrees to accept a deposit not to exceed one percent (1 % ) of the Base Price for the three AHUs from the applicants selected above; provided, however, that any such applicant who, for any reason, fails to ultimately qualify as an Eligible Buyer shall receive a full refund of any amounts deposited toward the purchase of AHU except for their share of escrow termination charges, if any. Developer agrees that all applicants ) who qualify in accordance with the criteria set forth hereinabove shall be placed on a waiting list prioritized as noted in Paragraph 6.03.
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6.06 Extension of Marketing Period. If the first sixty (60) days of marketing, or the first 20 applications, whichever occurs first, do not produce a sufficient pool of qualified applicants, 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 prior to the sale of all AHUs.

6.07 Failure to Implement an Outreach Program. If Developer fails to submit for approval and implement an Outreach and Affordable/ Affirmative Marketing Program, City shall have the right to implement a marketing program, at Developer's expense, for the purpose of soliciting Eligible Buyers for the AHUs.

7.01 ARTICLE VII

ELIGIBILITY STANDARDS AND HOMEBUYER SELECTION
Eligible Buyer Application. In order to determine if an applicant is a prospective Eligible Buyer, all prospective applicants will be required to submit an application to Developer and to City/ Agency in accordance with procedures established by Developer and by City/Agency, respectively. An Eligible Buyer must disclose in their application that he/she meets the following qualifications to purchase an AHU:
(a) Eligible Buyers. The AHU shall be available exclusively to Moderate-Income homebuyers. An Eligible Buyer must be a Moderate-Income household, as defined under California Health & Safety Code Section 50079. 5, as amended from time to time; and a First Time Homebuyer as defined herein.
(b) Household Maximum Income. Prospective applicants must not exceed the Moderate-Income Limit for Ventura County, adjusted by household size, as established annually by the California Department of Housing and Community Development ("HCD") or the U.S. Department of Housing and Urban Development. A household's maximum income shall be determined in accordance with Title 25, California Code of Regulations, Section 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 n.5>t to be used for the down payment.
( c) Buyer's Down Payment. Buyers mu� show they can provide a minimum 3 % of the Purchase Price as down payment toward the purchase of the AHU. (d) Buyer's Maximum Housing Expense. The housing expense of a potential buyer should not exceed the ratios established under California Health & Safety Code Section 50052.5 for Moderate-Income homebuyers. Calculation of a prospective homebuyer's monthly income shall be based on income information submitted with the application; provided, however, that such information is subsequently verified by Developer and City/Agency based on review of the applicant's primary loan application and supporting documentation. Housing expense shall include principal and interest, property taxes and insurance, homeowner association dues, and a reasonable utility allowance. -9-
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47 7. 02 Pre-qualification of Applicants. Developer agrees to evaluate all applications submitted by potential Moderate-Income homebuyers and pre-qualify each applicant with respect to Program and loan eligibility in accordance with the provisions listed above.

Subsequent to Developer's pre-qualification, but prior to opening escrow on any AHU, prospective Eligible Buyers shall be referred to City/ Agency for review of preliminary eligibility determination, in accordance with Paragraph 8.01 below.

7. 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 residence, and used for residential purposes only, throughout the term of the Restrictive Covenants.

ARTICLE VIII

PROJECT SALES

8.01 Qualification of Buyers. Developer agrees to obtain and be responsible for properly determining the qualifications and eligibility of each buyer to purchase the AHU in accordance with the terms of this Agreement. Developer agrees upon completion of said qualification, but prior to entering into a Purchase Contract, to refer such qualified buyers to City/ Agency for final verification of income eligibility to purchase an Affordable Housing Unit. Developer agrees that escrow for the purchase of an Affordable Housing Unit shall not be opened until City/Agency has provided written approval of buyer rs eligibility under this Agreement. Developer agrees that proof of eligibility as a Moderate-Income household shall be verified through review of the following documents for all household members:
(a) income tax returns for the prior two years;
(b) pay stubs from the past two months;
( c) a credit report;
(d) a final typed and signed loan application (if available); and (e) an executed buyer income certification form.

However, if needed to confirm eligibility, Developer or City/ Agency may require additional documentation.

Developer shall request each Buyer's authorization to release the signed loan application to the City/ Agency. Determination of allowable income shall be established in accordance with the provisions of Title 25, California Code of Regulations, Section 6914.

8. 02 Escrow Instructions. Developer shall ensure that the Escrow Instructions for each AHU include the following requirements:
(a) Buyer's purchase of this Affordable Housing Unit is contingent upon the City I Agency's prior written approval of each buyer's qualification as an Eligible Buyer. -10-
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(b) . Buyer must acknowledge in writing that they must occupy the Affordable Housing Unit at all times as their Principal Place of Residence. (c) Buyer shall execute an acknowledgment of receipt of a copy of the Restrictive Covenants, and shall execute the Promissory Note and Deed of Trust, substantially in the form presented as Exhibit C and D hereto. The escrow officer shall record the Deed of Trust against each AHU at close of escrow.
( d) Escrow shall record a Request for Notice of Default on behalf of City/ Agency to notify City/ Agency of a pending default on any loan secured by the AHU s. (e) Buyer shall 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. (f) Prior to the release of Agency's payment, a title insurance company reasonably acceptable to Agency shall have unconditionally committed to issue a lender's policy of title insurance to Agency insuring the lien of the Deed of Trust in the amount of the down payment assistance loan, subject to such exceptions as are reasonably acceptable to Agency, together with any endorsements reasonably requested by Agency.

Developer shall be responsible for the cost of such title insurance policy and endorsements.

8.03 Submittal of Purchase Contract. Developer agrees to submit each purchase contract for an Affordable Housing Unit to City/Agency for review a minimum of ten (10) days prior to opening escrow.

8. 04 Application Review by City/ Agency. Developer agrees to refer each prospective Eligible Buyer to City/Agency staff who will review with such buyer the terms of the Restrictive Covenants.

8.05 Mortgage Financing. Developer agrees that it will make every reasonable effort to provide a package of financial enhancement to Affordable Housing Unit buyers, which will give them an option to obtain low market interest rate financing. Developer agrees that adjustable rate mortgages offered to Eligible Buyers shall have a lifetime rate cap of no more than seven percent (7 % ) above the initial start rate with annual increases averaging no more than one percent (1 % ) . Developer agrees that no mortgage will have the potential to result in negative amortization financing for the AHU. Developer further agrees that loans not requiring documentation for income verification (i.e., Stated Income Loans) will not be acceptable for purposes of purchasing an AHU.

8.06 Use of Pre-Approved Documents. Developer agrees to inform each Eligible Buyer that all future transfers of any Affordable Housing Unit shall be accomplished only with documents prepared or approved by the City/ Agency.
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ARTICLE IX

DISCLOSURE OF DOCUMENTS

9.01 Review of Agreements and Disclosures. Developer agrees to disclose and review the provisions of this Agreement and the Restrictive Covenants with each potential buyer and, if requested, with their legal counsel. Developer also agrees to prominently display a disclosure notice, in large type, in its sales office notifying potential buyers of the AHU Restrictive Covenants. Developer agrees to make each sale of an AHU contingent upon each buyer's review and understanding of the Restrictive Covenants.

9. 02 Copies Provided. Developer agrees to provide each potential AHU buyer with a copy of this Agreement, the Restrictive Covenants, and agrees to require that each buyer sign a statement in typeface of not less than twelve (12) point type acknowledging receipt of said documents prior to receipt of a deposit for the purchase of an Affordable Housing Unit. Developer agrees that copies of the receipt statement, and income verification documents shall be provided to City/ Agency at least five (5) working days prior to the opening of escrow.

ARTICLEX

FEATURES OF AFFORDABLE HOUSING UNITS

10.01 Warranties and Representations. Any and all warranties or representations, express or implied, made as to the condition of the Exempt Units shall also be warranted with each Affordable Housing Unit.

10.02 Dispersal of AHUs. The AHUs are to be distributed throughout the Project without any apparent differentiation as to location or appearance, and such distribution has been carefully planned as to not unduly concentrate the AHUs in any one area or within any one structure. The AHUs will be distributed among the market rate units on the project site, as shown in Exhibit F hereto.

10.03 Equal 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 XI

RESALE CONTROLS

11.01 Terms of Resale Restrictions. Developer agrees that the Restrictive Covenants for each AHU shall be effective for a period of not less than fifty-five (55) years from the date of close of escrow of the initial sale of each AHU. Developer agrees that all Restrictive Covenants shall clearly state that these restrictions shall run with the land and shall be enforceable by City/Agency or its designee against any buyer or seller for the term of the control. The Restrictive Covenants shall not be subordinate to any monetary lien recorded against any AHU.
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12.01 ARTICLE XII

NON-DISCRIMINATION
Developer covenants and agrees, by and for itself, its executors, administrators and assigns and all persons claiming under or through Developer that there shall 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, familial status, physical disability, mental condition, national origin, ancestry or status with regard to receipt of public assistance in the sale, transfer, use, occupancy, tenure or enjoyment of the Property or the Project, or any part thereof.

ARTICLE XIII

MISCELLANEOUS

13.01 Notice Requirement Upon Default. If either party defaults or breaches any of the terms or conditions of this Agreement, such party shall have thirty (30) days after service upon it of written notice of such default or breach in which to cure such default or breach by rendering a performance satisfactory to the other party unless such a delay would be futile. Developer and City/ Agency may mutually agree to an extension of this time, provided that such agreement is in writing.

13.02 Indemnifications and Hold Harmless.
(a) Developer hereby agrees to, and shall, defend, indemnify, save and hold City/Agency and their elected and appointed boards, commissions, officers, agents and employees harmless from any and all claims, actions, costs, and liability for any damages, personal injury or death, which may arise, directly or indirectly, from Developer or Developer's contractors', subcontractors', agents', or employees' operations under this Agreement. However, City/Agency shall select the attorney to represent the City and shall control the lawsuit or other legal action. The terms of this Section shall survive any termination of this Agreement. (b) Developer shall not bring any claims, cross-claims, actions, or cross-complaints against the City/ Agency, their agents, employees or representatives, arising out of any disputes between Developer and third parties as to City I Agency approvals or the issuance of building permits for this Project.

13.03 Assignment of Agreement. This Agreement shall be binding upon Developer its executors, administrators and assigns. Developer shall not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of City/ Agency and any purported assignment made without said consent shall be null and void for all purposes; provided, however, that City/Agency's consent shall not be unreasonably withheld.

13.04 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 shall be the sole parties who shall have standing to enforce the terms or obligations or to bring suit for damages arising out of a breach of this Agreement. -13-
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51 13.05 Violation of Conditions of Approval. Any violation of the conditions of any of the Project Approvals will also constitute a violation of this Agreement and shall be enforceable as a breach hereof, as well as any other remedies.

13.06 Recordation. This Agreement, or any amendment or cancellation thereof, will be recorded in the official records of Ventura County within ten (10) days after approval and recordation of the final tract map.

13.07 Covenants Run with the Land. All of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Agreement shall be binding upon the parties and their respective heirs, successors (by merger, consolidation, reorganization or otherwise), and assigns, devisees, administrators, representatives, lessees, and all other persons acquiring the Property, or the Project, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever, and shall inure to the benefit of the parties and their respective heirs, successors and assigns. All of the provisions of this Agreement shall constitute covenants running with the land.

13.08 Notices. Written notice, demands and communications between City/Agency and Developer shall be deemed sufficient if dispatched by registered or certified mail, postage prepaid, return receipt requested to the principal offices of City/ Agency 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. Said addresses are as follows:
(a) If to City/Agency:

City of Simi Valley
Simi Valley Community Development Agency
2929 Tapo Canyon Road
Simi Valley, California 93063
Attention: Director of Environmental Services
(b) If to Developer:

CIG Star
2024-H Avenida De Los Arboles
Thousand Oaks, CA 91362
Attention: Mehdi Humkar
Notices herein shall be deemed given as of the date of personal service or three (3) consecutive calendar days after deposit of the same in the custody of the United States Postal Service.
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52 13. 09 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 shall not constitute a waiver of such party's right to demand strict compliance from such other party in the future.
13 .10 Severability. If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions contained in this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision(s) had never been contained herein. 13 .11 Caption and Pronouns. The captions and headings of the various sections of this Agreement are for convenience only, and are not to 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 shall include the plural, the plural shall include the singular, and masculine, feminine and neuter shall be freely interchangeable. 13 .12 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 within ten (10) days of being signed. 13 .13 Expenses. In the event of non-performance by Developer under any of the terms of ( this Agreement, Developer shall pay City/ Agency immediately upon demand all reasonable costs and expenses incurred by City/ Agency in connection with the enforcement or satisfaction by City/ Agency of any of Developer's obligations under this Agreement.

13.14 Further Assurances. At City/Agency's reasonable request and at Developer's expense, Developer shall execute, acknowledge and deliver any other instruments and perform any other acts necessary, desirable or proper (as determined by City/Agency) to carry out the purposes of this Agreement.

13.15 Heirs, Successors and Assigns. The terms of this Agreement shall be binding upon and inure to the benefit of the heirs successors and assigns of the parties; provided, however, that this Section does not waive the restrictions against assigning this Agreement.
13 .16 Time. Time is of the essence of each term of this Agreement. 13 .17 Governing Law. This Agreement shall be governed by, and constructed in accordance with the laws of the State of California. Develop�r and all persons and entities in any manner obligated to City/ Agency under this Agreement consent to the venue in the state court having jurisdiction where the property is located and also consent to service of process by any means authorized by California law.
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53 13 .18 Joint and Several Liability. The liability of all persons and entities that are in any manner obligated under this Agreement shall be joint and several.

13.19 Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which when executed and delivered will be deemed to be an original and all of which, taken together, will be deemed to be one and the same instrument.

13.20 Conflicts of Interest. No member, official or employee of City/Agency shall have any personal interest, direct or indirect, in this Agreement, nor shall 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. 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.

13.21 Non-liability of City Officials and Employees. No member, elected official, officer or employee of City/ Agency shall be personally liable to Developer in the event of any default or breach by City/ Agency or for any amount which may become due to Developer or on any obligations under the terms of this Agreement.

13.22 Sole and Only Agreement. This Agreement together with the Restrictive Covenants 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.
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54 IN WITNE.SS WHEREOF, the parties hereto have executed this Agreement as of the date and ) year set forth below.
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Attest:
or , Deputy Director/
Agency Secretary
Approved as to Form:
\\�� David H. Hirsch, City Attorney
Agency Counsel
Approved as to Content:

Mike Sedeii,cify Manager
Agency Executive Director
H 55 / 11-07 (lg)
City of Simi Valley/Simi Valley
Community Development Agency,
A :Municipal Corporation
a Mill r, M or of the City /Date
of Simi Valle , California and
Chair of the Simi Valley
Community Development Agency
Developer
/Date
Owner
17 55

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 -19-
57 EXHIBIT A

LEGAL DESCRIPTION
That portion of Parcel "J", Section 8, Township 2 North, Range 17 West, in the City of Simi Valley, County of Ventura, State of California, of Subdivision No. 3, Simi Land and Water Company, Rancho Simi as per map recorded in Book 5 Page 25 of Miscellaneous Records (MAPS), Records of the County of Ventura, State of California. -20-
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Simi Valley
Department of Environmental Services
2929 Tapo Canyon Road
Simi Valley, CA 93063
, >

EXHIBIT B
[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:

RESALE AND REFINANCE RESTRICTIONS, OWNER OCCUPANCY
REQUIREMENT AND OPTION TO PURCHASE (the "Restrictive Covenants")

CITY OF SIMI VALLEY/SIMI VALLEY COMMUNITY DEVELOPMENT AGENCY

AFFORDABLE HOUSING PROGRAM
These Restrictive Covenants are entered into by and among the City of Simi Valley, a municipal corporation (the "City"), the Simi Valley Community Development Agency, a public agency (the "Agency"), and Mehdi Humkar, (the "Developer ").

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59 RECITALS
WHEREAS, City I Agency have developed an affordable housing program to provide housing opportunities to Moderate-Income homebuyers at prices which are maintained at a level below those prevailing in the market; and WHEREAS, the intent of City/ Agency is to preserve and provide for the affordability of homes for Very Low-, Low-, and Moderate Income households for at least fifty-five (55) years from the initial sale of each of the Affordable Housing Units (AHUs).

NOW, THEREFORE, City/Agency and Developer hereby declare and restrict the Property as follows:

1. DEFINITIONS. The following defined terms have the following meanings:
(a) "Affordable Housing Unit" (" AHU") shall mean the unit described in Exhibit 1 hereto, which are reserved for purchase exclusively by eligible Moderate-Income households. (b) "Appraiser" shall mean an appraiser who is a member of the American Institute of Real Estate Appraisers or a member of the Society of Real Estate Appraisers ( or in case such professional organizations cease to exist, · the · most nearly equivalent successor designations).
(c) "Area Median Income ("AMI") shall mean the median yearly income adjusted ( ) by household size in Ventura County, California as determined from time to time by: (1) The California Department of Housing and Community Development ("HCD"); or (2) The United States Department of Housing and Urban Development ("HUD") in the event HCD ceases publication or fails to publish such amounts for a period of 18 months; or (3) City/Agency, in the event HUD ceases publication or fails to publish such amounts for a period of 18 months. ( d) "Base Price" shall mean the Purchase Price paid for the Property by the Buyer. ( e) "Capital Improvements" shall mean substantial structural or permanent fixed 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 said improvements.
(f) "Gross Household Income" shall mean the total income earned by all adult members of the household who will live in the AHU as their Principal Place of Residence, which shall be determined in accordance with the provisions of Title 25, California Code of Regulations, Paragraph 6914.
(g) "Household Size" shall mean the total number of people residing in the Property as their Principal Place of Residence.
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(h) "Index" shall mean the AMI Limit for Ventura County for a family of four (4) persons, as determined from time to time by:
(1) The California Department of Housing and Community Development ("HCD")
(2) The United States Department of Housing and Urban Development ("HUD") in the event HCD ceases publication or fails to publish such amounts for a period of 18 months; or
(3) City/Agency, in the event HUD ceases publication or fails to publish such amounts for a period of 18 months.
(i) "Loan Review Committee" shall mean the committee established by City/Agency for the purpose of reviewing, evaluating and approving applications by proposed AHU buyers.
(j) "Moderate-Income" shall mean the Moderate-Income Limit figure for Ventura County, California, adjusted by household size, as determined from time to time by:
(1) The California Department of Housing and Community Development ("HCD")
(2) The United States Department of Housing and Urban Development ("HUD") in the event HCD ceases publication or fails to publish such amounts for a period of 18 months; or
(3) City/ Agency, in the event HUD ceases publication or fails to publish such amounts for a period of 18 months.
(k) "Principal Place of Residence" shall mean the residence where Owner resides for at least ten (10) months out of each calendar year. (1) "Resale Price" shall mean the price of the AHU as calculated in accordance with Paragraph 12 of these Restrictive Covenants when an Eligible Buyer purchases the unit. (m) "Resale Restrictions" shall mean the restrictions in these Restrictive Covenants that regulate the sale, transfer and refinance of the Property.

2. NO SUBORDINATION. THE AFFORDABILITY COVENANTS CONTAINED

IN THESE RESTRICTIVE COVENANTS SHALL NOT BE SUBORDINATE TO ANY MONETARY LIEN RECORDED AGAINST THE PROPERTY.

3. TERM OF RESTRICTIVE COVENANTS. These Restrictive Covenants contained herein shall continue in full force and effect for a period of 55 years (the "Restricted Resale · Period") after the initial sale of the Affordable Housing Unit. -23-
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61 4. OWNER OCCUPIED. Buyer and each subsequent AHU owner shall certify that he/she intends to occupy the Property as his/her principal place of residence. City/Agency may, in its sole discretion, grant a temporary waiver of this occupancy requirement because of illness, temporary job relocation or sabbatical. Owner shall provide a written request to the City I Agency for a temporary waiver of the owner occupancy requirement at least 60 days prior to such temporary rental or lease of the Property.

5. COVENANT TO KEEP PROPERTY DRUG FREE. No persons shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as the term is defined in Title 21 United States Code, Section 812 and California Health and Safety Code Paragraph 11007, including marijuana, heroin, cocaine, and amphetamines, on the Property. If Owner or any person using 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 such use shall be considered a Default and subject to Paragraphs 19 and 21 herein.

6. TRANSFER, REFINANCE OR ENCUMBRANCE. Any Buyer of the Property from Developer, or any subsequent Owner or successors, shall certify his/her acknowledgement of these Restrictive Covenants and all · the provisions and restrictions contained herein by executing a document confirming that they have received a copy of these Restrictive Covenants .and have met with a City staff member to thoroughly review the document. Owner shall also provide written notification to City/ Agency at least five (5) business days prior to submitting an application to refinance or further encumber the property. The notice shall include the name of the lender, the lender's address and telephone number. Owner's failure to comply with the provisions of this Paragraph constitutes a· default and may, at City/ Agency's election, be deemed a prohibited transfer, refinance or encumbrance of the Property, which thereby provides City/ Agency with an option to purchase the property as described below, or any other available remedies.

7. RESTRICTION ON TRANSFER TO ELIGIBLE BUYER. The Property may only be transferred to an Eligible Buyer who meets the following qualifications:
(a) A combined gross income for all buyers' household members that does not exceed the Moderate-Income Limit for Ventura County, as defined in Paragraph 1 G); (b) Provides a minimum 3 % of the Purchase Price as down payment toward the purchase of the AHU; and
(c) Has been approved by the City/Agency Loan Review Committee and City Manager to purchase the AHU.

The Property may not be transferred to a party who does not qualify as an "Eligible Buyer," including without limitation a transfer by law, or as a gift, devise or inheritance to a surviving joint tenant except as modified below. If a party marries a non-qualifying spouse, the property may not be transferred to that non-qualifying spouse at any time in the future. If that non-qualifying spouse inherits the property, that transfer shall be null and void. Owner or executor of Owner's estate shall provide written notice to City/Agency upon the occurrence of such a transfer. Should any prohibited transfer occur, City/ Agency shall have the option to purchase pursuant to Paragraphs 19 and 21.
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8. ·. NOTICE TO TRANSFER. In the event the Property is proposed to be transferred or vacated by Owner, Owner shall notify City/ Agency of such intent at least 30 days prior to offering the Property for sale or transfer (the "Owner's Notice of Intent to Sell").

Owner shall send such notice by Certified or Registered Mail Return Receipt Requested, to the Director of Environmental Services, City of Simi Valley /Simi Valley Community Development Agency, 2929 Tapo Canyon Road, Simi Valley, California 93063, or to City's successor address. Following receipt of such notice, City/ Agency may exercise its options pursuant to Paragraphs 10 and 21.

9. MAINTENANCE AND INSPECTION OF PROPERTY. Owner shall maintain the Property in good condition and repair throughout Owner's period of ownership of the Property. In addition, upon City/Agency's receipt of notice of Owner's intent to transfer the Property, pursuant to Paragraph 8 above, City/Agency shall be given the right to enter and inspect the Property 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 compliance with the U. S. Department of Housing and Urban Development Housing Quality Standards (HUD Standards). City/Agency shall notify Owner with regard to any noted code violations or any non-compliance with the HUD Standards (collectively, the "Deficiencies"). Owner shall cure any Deficiencies in a manner acceptable to City/ Agency within thirty (30) days after receiving the property inspection report. Should Owner fail to cure all the Deficiencies prior to the scheduled date of close of escrow, the escrow may not close or, at the option of City/ Agency, escrow may be closed, title passed and money paid to the Buyer subject to the reduction in sales price specified in Paragraph 12.

10. CITY/AGENCY'S OPTION TO DESIGNATE ELIGIBLE BUYER. City/Agency shall have the option to purchase the property or to assign the Purchase Option to an Eligible Buyer to purchase the Property on the terms and in the manner set forth hereunder in the event Owner wishes to transfer or vacate the Property. Within thirty (30) days after receipt by City/Agency of Owner's Notice, as identified in Paragraph 8 above, City/Agency shall have the right to inspect the Property as described in Paragraph 9 above, and within sixty (60) days will notify Owner regarding whether or not City/ Agency 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 Owner regarding the option exercise shall be sent by Certified or Registered Mail, Return Receipt Requested. If City/Agency exercises this option, escrow shall be opened within ninety (90) days following such notification to Owner.

11. TRANSFER TO ELIGIBLE BUYER. In the event City/Agency does not exercise its option to purchase the Property, or designate an Eligible Buyer to exercise such option, pursuant to Paragraph 10 above, the Property must be transferred to an Eligible Buyer at a price not to exceed the Maximum Sale Price as determined by Paragraph 12 below.

12. DETERMINATION OF MAXIMUM SALES PRICE. Owner must transfer the Property at a price not to exceed the maximum Resale Price of the Property, which shall be calculated by City/Agency in the following manner:

The Base Price paid by Owner plus:
(a) an amount calculated by multiplying the percentage increase in the Index from the date of purchase of the Property by Owner to the most recent Index as of the date of receipt by City/ Agency of Owner's Notice of Intent to Sell, multiplied by the Base Price; H 55 I 11-07 (lg) -25-
63 (b) . the allowable Cost of Improvements, which shall mean the aggregate cost of Capital Improvements that does not exceed an average of $1,000 per year, cumulatively, with any depreciation from the date of completion of the improvement. In no event may the aggregate Cost of Improvements, regardless of change in ownership, exceed $45,000 over the term of these Restrictive Covenants. In addition, the Cost of Improvements shall not exceed $10,000 in any 10-year period, regardless of ownership changes. Capital · improvements shall (i) have been made and installed by or under the direction of Owner; and (ii) have been made with all required approvals, including, but not limited to, homeowner association and governmental approvals. The value of such improvements shall be the appraised market value of the improvements when considered as additions or fixtures to the Property that is the amount by which such improvements enhance the market value of the Property at the time of sale or valuation;
(c) two percent (2 % ) of the Resale Price to cover the Buyer's closing costs; (d) a City/Agency Resale Fee, which shall be payable to City/Agency upon the transfer to an Eligible Buyer, from the proceeds of escrow for the administration of these Restrictive Covenants, in the amount of 0.375 % of the Property's Base Price.

The sales price determined through the use of the method described above shall be adjusted by decreasing the price by an amount to compensate for curing the Deficiencies as defined in Paragraph 9 and Enforcement Costs, as defined in Paragraph 19.

13. NO WINDFALL PROFITS. Upon the first sale or transfer of the Property following the expiration of these Restrictive Covenants, which expiration would permit the Property to be sold at market rate, or any Ineligible Transfer of the Property contrary to the provisions herein, the proceeds of any such sale or Transfer in excess of the greater of the amount for which the Property was purchased by 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/Agency to be used for the provision of affordable housing. The escrow company shall pay such excess profits to City/ Agency before or concurrent with the payment of any proceeds to the Owner.

The purchase price of the first sale or transfer of the Property after the expiration of the fifty five (55) year Restricted Resale Period shall be established at the fair market value of the Property. Upon a proposed sale of the Property after the expiration of the fifty-five (55) year Restricted Resale Period, City/ Agency may elect to appoint a certified, independent appraiser to conduct an appraisal of the Property, at City/Agency's expense, to assist City/Agency in determining if the sales price is at or near the fair market value of the Property at such time.

If the sales price is determined by the appraisal to be three percent (3 % ) or more below the fair market value of the Property as established in said appraisal, then the sales price for purposes of determining the excess profits to be paid by Buyer to City I Agency shall be the fair market value of the Property established in such appraisal.

14. EXHIBITS AND RECORDING. Exhibits to these Restrictive Covenants are hereby incorporated by reference. All recordings required by these Restrictive Covenants shall be in the official records where deeds are recorded in the county where the land described on Exhibit 1 is located.
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15. BINDING ON SUCCESSOR AND ASSIGNS. These Restrictive Covenants shall bind, and the benefit hereof shall inure to each Owner, each Eligible Buyer, and to their respective heirs, legal representatives, executors, successors in interest or assigns, and to City/Agency and their successors.

16. THESE RESTRICTIVE COVENANTS RUN WITH THE LAND. These Restrictive Covenants shall run with the land with reference to each of the three AHUs in the Project.

17. AGREEMENT TO DISCLOSE THESE RESTRICTIVE COVENANTS AS PART OF SUBSEQUENT SALE/CONVEYANCE. Owner shall be obligated to incorporate in all advertising for the sale of the property a disclosure of these Restrictive Covenants to a future Buyer or Eligible Buyer, prior to any subsequent sale, transfer or conveyance of the Property.

Owner's failure to disclose these Restrictive Covenants to a potential buyer shall be a default of these Restrictive Covenants and subject to the provisions of Paragraph 19 below. In the event Owner attempts to sell the property without disclosing these Restrictive Covenants, City/Agency may take legal action to stop the sale, or declare a sale void, and may also seek Owner's payment to City/Agency of any costs, monetary damages and reimbursement of legal fees.

18. 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, any surplus of proceeds so distributed after payment of encumbrances of said Property, including the primary lender deed of trust and Agency, shall be distributed as follows:

That 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 Agency exercised its Purchase Option on the date of the destruction, condemnation valuation date, or liquidation, shall be distributed to Owner, and the balance of such surplus, if any, shall be distributed to Agency.

19. DEFAULTS AND REMEDIES. Upon a violation of any of the provisions of these Restrictive Covenants, City/Agency will give written notice to Owner by Certified Mail, Return Receipt Requested, specifying the nature of the violation. If the violation is not corrected to the satisfaction of City/Agency within a reasonable period of time, not longer than thirty (30) days after the date the notice is mailed, or within such further time City/ Agency determines necessary to correct the violation, City/ Agency may declare a default under these Restrictive Covenants. Upon the declaration of a default, City/Agency 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, 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 Owner, and/ or by the Buyer in those circumstances where a transfer has occurred in violation of these Restrictive Covenants Owner and/or the Eligible Buyer shall hold City/ Agency, and the then Owner and their respective elected officials, officers, employees or other agents harmless, indemnify and reimburse the expenses, legal fees and costs (Enforcement Costs) for any action City I Agency takes in enforcing the provisions of these Restrictive Covenants. . Such costs will be deducted from any profits to which Owner is entitled pursuant to Paragraph 12 of these Restrictive Covenants. -27-
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65 20. · ADDITIONAL REMEDIES. In the event of a Default, City/Agency 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, mandamus, and specific performance. In the event that Owner rents or leases the Property in ) violation of these Restrictive Covenants, City/ Agency shall be entitled, in addition to any other remedies to which City/ Agency is entitled, to any amounts of rent paid to Owner in excess of affordable rent.

21. CITY/AGENCY'S OPTION TO PURCHASE UPON DEFAULT. In addition to the remedies provided City/Agency in Paragraph 19 above, City/Agency has the option to purchase the Property effective upon the declaration of a default under these Restrictive Covenants. City/ Agency shall have 90 days after a default is declared to notify Owner or Executor of its decision to exercise its option to purchase.

22. DEFAULT AND FORECLOSURE. Agency will record on its behalf a Request for Notice of Default with respect to the Agency Deed of Trust and any notice of sale under any deed of trust or mortgage with power of sale encumbering the Property. Any Notice of Default given pursuant to Civil Code Paragraph 2924b, or as amended, shall constitute an Owner Notice of Intent to Sell under Paragraph 8 of these Restrictive Covenants, and City/ Agency or its assignee may exercise its Purchase Option pursuant to the provisions of these Restrictive Covenants, provided however, that, notwithstanding any language contained in these Restrictive Covenants to the contrary, with regard to the rights of the lien holder, City/ Agency or its assignee must complete such purchase no later than the end of the period established by California Civil Code Paragraph 2924c for reinstatement of a monetary default under the deed of trust or mortgage. )
In the event of default and foreclosure, City/Agency or its assignee shall have the same rights as Owner to cure defaults and redeem the Property prior to foreclosure sale. Such redemption shall be subject to the same fees, charges and penalties that would otherwise be assessed against Owner. Nothing herein shall be construed as creating any obligation on the part of City/ Agency to cure any such default, nor shall 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 is recorded, City/Agency's Purchase Option shall run from the date the Notice of Default is given to Owner. In the event City/ Agency elects not to exercise its option to purchase· upon default, and a foreclosure sale is consummated, any surplus proceeds to which Owner may be entitled following foreclosure under California state law shall be paid as follows: After any required payment of encumbrances (including the Agency Promissory Note), that portion of surplus, if any, up to but not exceeding the net amount that Owner would have received after any required payment of encumbrances under the formula set forth in Paragraph 12 had City/ Agency or its assignee exercised its right to purchase the Property on the date of the foreclosure sale, shall be paid to Owner on the date of the foreclosure sale; the balance of surplus, if any, shall be paid to Agency.
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66 23. NON-LIABILITY OF THE CITY/AGENCY. In no event shall City/Agency become in any way liable or obligated to any Owner by reason of these Restrictive Covenants, or City/ Agency's option to purchase as provided herein, nor shall City/ Agency be obligated or liable in any way because of City/Agency's failure to exercise such option to purchase.

24. NON-DISCRIMINATION. Buyer covenants and agrees that there shall 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 Property or the Project, or any part thereof.

25. NOTICES. All notices required herein shall be in writing and shall be deemed sufficient if dispatched by registered or certified mail, postage prepaid, return receipt requested, addressed to City/ Agency as follows:

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

26. CAPTION AND PRONOUNS. The captions and headings of the various Paragraphs of these Restrictive Covenants are for convenience only, and are not to 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 shall include the plural, the plural shall include the singular, and masculine, feminine and neuter shall be freely interchangeable.

27. INTERPRETATION OF THESE RESTRICTIVE COVENANTS. The terms of these Restrictive Covenants shall be interpreted to encourage to the extent possible that the Purchase Price of and mortgage payments for the Property remain affordable to Moderate-Income households for a 55-year term. The terms shall also be interpreted so as to discourage windfall profits to any Buyer.

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City/ Agency
City of Simi Valley/
Simi Valley Community Development Agency
By: ------------------
Mike Sedell I Date
City Manager/ Agency Executive Director
Developer
By: -----------------Mehdi Humkar
Owner
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I Date
67 STATE OF CALIFORNIA )
) ss.

COUNTY OF )
,.

On this day of , 200_ , before me, the undersigned, a
Notary Public in and for said State, personally appeared personally known to me or provided to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledge to me that he/she/they Executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS my hand and official seal.

Signature of Notary
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68 I I
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EXHIBIT 1
Legal Description
APN:

The land referred to is situated in the State of California, County of Ventura, and is more particularly described as Lot __ of Tract Map as per map recorded in Book __ Page_ of Miscellaneous Records (Maps), in the office of the County recorder of said County. The land is subject to certain resale restrictions. -31-
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69 EXHIBIT C

SIMI VALLEY COMMUNITY DEVELOPMENT AGENCY

AFFORDABLE HOUSING PROGRAM

PROMISSORY NOTE
Secured by Deed of Trust
Simi Valley, California
FOR VALUE RECEIVED, the undersigned,-------------
hereafter called "Borrower," hereby jointly and severally promise to pay to SIMI VALLEY COMMUNITY DEVELOPMENT AGENCY, a public body, corporate and politic, hereafter called "Lender," or to Lender's order, at such place as Lender may designate, the principal sum of Seventy-Five thousand dollars- ($75,000) in lawful money of the United States of America as hereafter set forth.

1. DEFINITIONS. The following definitions shall apply throughout this Note:
(A) "Agency" shall mean the Simi Valley Commumty Development Agency. (B) "Day" shall mean calendar day.
(C) "Eligible Transferee" or "Buyer" shall mean a transferee who meets the all of the requirements set forth in Paragraph 7 of the Restrictive Covenants.

Transferee.
(D) "Ineligible Transferee" shall mean a transferee who is not an Eligible (E) "Principal Sum" shall mean the total principal amount of this Note excluding any accrued Net Appreciation of the Property. The Principal Sum is $75,000. (F) "Property" shall mean the real property described in Exhibit 1 attached to this Note and made a part of hereof.
(G) "Purchase Option" shall mean Lender's right to purchase the Property, as allowed by Owner in the Restrictive Covenants, Paragraph 21. (H) "Resale Price" shall mean the price of the AHU as calculated in accordance with Paragraph 12 and adjusted per Paragraph 9, if applicable, of the Restrictive Covenants.
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(I) "Restrictive Covenants" shall mean the Restrictive Covenants executed between the City, Agency and Developer, recorded in the Office of the Ventura County Recorder as Document No. --------
(J) "Residence" shall mean the housing unit and land, which are encumbered by the deed of trust executed in connection with this Note. first sold.
(K) "Restricted Period" shall mean 55 years from the date the Property was (L) "Sale or Transfer" shall mean any voluntary or involuntary sale, assignment or transfer of ownership of or any interest in the Residence, including 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 Residence, or any interest evidenced by a land contract, except a sale or transfer which under federal law, would not, by itself, permit Lender to exercise a due on sale or due on encumbrance clause. (M) "This Date" shall mean the date of execution of this Note.

2. TIME OF PAYMENT. This Note shall be due and payable in full on the date of the first Sale or Transfer to occur after [insert date 55 years after Unit was first sold], or upon the sale or transfer of the Prope1ty in violation of the terms of the Restrictive Covenants.

3. AMOUNT OF PAYMENT. At the time this Note becomes due pursuant to Paragraph 2 above, Borrower shall pay to Lender the Principal Sum, together with the proceeds of sale or Transfer in excess of the amount for which the Residence would be sold to an Eligible Transferee in accordance with Paragraph 12 of the Restrictive Covenants. All amounts not paid within ten (10) days of the date due shall thereafter bear interest at the rate of the lesser of: (a) fifteen percent (15 % ) per annum; or (b) the maximum rate of interest permitted by law.

4. SECURITY. This promissory note is secured by a Deed of Trust on the Property dated the same date as this Note (the "Deed of Trust").

5. TRANSFER TO ELIGIBLE TRANSFEREE. There shall be no payments due so long as Borrower owns the Property and is not in violation of any provision of this Note, the Deed of Trust and the Restrictive Covenants, nor shall any payments be due in the event that the Property is sold to an Eligible Transferee who has assumed the obligations hereof within the Restricted Period pursuant to the Restrictive Covenants.

6. TRANSFER TO INELIGIBLE TRANSFEREE. In the event the Residence is transferred to an Ineligible Transferee, Lender shall immediately have the right to exercise its Purchase Option in accordance with Paragraphs 19 and 21 of the Restrictive Covenants.

7. DEFAULT UNDER DEED OF TRUST. Notwithstanding any other provisions of this Note, if default occurs in any of the covenants or agreements contained in the Deed of Trust securing this Note, Lender shall immediately have the right but not the obligation to exercise its Purchase Option.
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71 8. JOINT AND SEVERAL OBLIGATIONS. The undersigned, if more than one, shall be jointly and severally liable hereunder.

9. ATTORNEY'S FEES. If any default is made hereunder, Borrower further promises to pay reasonable attorney fees and costs and expenses incurred by the Lender in connection with any such default or any other action or other proceeding brought to enforce any of the provisions of this Note. The Lender's right to such fees shall not be limited to or by its representation by staff counsel, and such representation shall be valued at customary and reasonable rates for private sector legal services.

10. LIABILITY. The granting, without notice, of any extension or extension of time for payment of any sum or sums due hereunder, for the performance of any covenant, condition or agreement contained herein or therein, or the granting of any other indulgences to Borrower, or the release of any collateral or any part thereof, or the taking or releasing of other or additional security for the indebtedness evidenced hereby, or any other modification or amendment of this Note shall in no way release or discharge the liability of Borrower or of any endorser, guarantor or other person secondarily liable for this Note. Borrower and any other person presently liable hereunder agree that additional makers, endorsers, guarantors or sureties may become parties hereto or liable hereon without notice to them and without affecting their liability hereunder.

11. GOVERNING LAW. This Note shall be governed by the laws of the State of California. Borrower hereby consents, in any action or proceeding, which may be brought against him or her under or in connection with this Note, to the jurisdiction of the courts of California.

12. AMENDMENTS. This Note may not be modified or amended except by an instrument in wntmg expressing such intention executed by the parties sought to be bound thereby, which writing must be so firmly attached to this promissory note so as to become a permanent part thereof.

13. SEVERABILITY. The covenants of this promissory note are severable.

Invalidation of any covenant or any part thereof by law, judgment, or court order shall not affect any other covenant.

14. PLACE OF PAYMENT. Borrower will make payment of all amounts due to Lender under this Note to Lender at:

Simi Valley Community Development Agency
Department of Environmental Services
2929 Tapo Canyon Road
Simi Valley, CA 93063
or such other address as Lender may designate in writing to Borrower.

15. BORROWER'S WAIVERS. Borrower waives any rights to require the Lender to do certain things. Those things are: (a) to demand payment of amounts due (known as "presentment"); (b) to give notice that amounts due have not been paid (known as "notice of dishonor"); (c) to obtain an official certification of nonpayment (known as a "protest"). -34-
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72 )

16. GIVING OF NOTICES. Any notice that must be given to Borrower under this Nate will be given by delivering it or by mailing it by certified mail addressed to Borrower at the address of the Property. A notice will be delivered or mailed to Borrower at a different address if Borrower gives the Lender a notice of Borrower's different address. Any notice that must be given to the Lender under this Note will be given by mailing it certified mail to the Lender at the address stated in Paragraph 14 above. A notice will be mailed to the Lender at a different address if Borrower is given a notice of that different address.

Borrower
Borrower
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73 EXHIBIT 1

LEGAL DESCRIPTION
( )
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74 WHEN RECORDED MAIL TO:

Simi Valley Community
Development Agency
Department of Environmental Services
2929 Tapo Canyon Road
Simi Valley, CA 93063

EXHIBIT D

SPACE ABOVE THIS LINE FOR RECORDER'S USE

DEED OF TRUST
THIS DEED OF TRUST is made this __ day of __________ _
among, (herein "Borrower"), (herein "Trustee"), and the Lender, the Simi Valley Community Development Agency, a public body, corporate and politic, organized and existing under the laws of the State of California, whose address is 2929 Tapo Canyon Road, Simi Valley California 93063 (herein "Lender").

BORROWER, in consideration of the indebtedness herein recited and the trust herein created, irrevocably· grants and conveys to Trustee, in trust, with power of sale, the following described property located in the County of Ventura, State of California:
which has the address of
(Street)
Simi Valley, California 93063 (herein "Property Address"); TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents (subject however to the rights and authorities given herein to Lender to collect and apply such rents), all of which shall be deemed to be and remain a part of the property covered by this Deed of Trust; and all of the foregoing, together with said property ( or the leasehold estate if this Deed of Trust is on a leasehold) are hereinafter referred to as the "Property", more particularly described in Exhibit 1; TO SECURE to Lender the repayment of the indebtedness evidenced by Borrower's note dated (herein "Note"), in the principal sum of U.S. $75,000 with zero percent interest, advanced in accordance herewith to protect the security of this Deed of Trust, and the performance of the covenants and agreements of Borrower herein contained. -37-
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75 :Borrower covenants that Borrower is lawfully seized of the estate hereby conveyed and has the right to grant and convey the Property, and that the Property is unencumbered except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record.

UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:

1. Payment of Principal. Borrower shall promptly pay when due the principal and late charges as provided in the Note.

2. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Deed of Trust, and leasehold payments or ground rents, if any.

3. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured for full replacement value against loss by fire, hazards included within the term II extended coverage
11,
and such other hazards as Lender may require and in such amounts and for such periods as Lender may require.

The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include ) a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien, which has priority over this Deed of Trust.

In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender.

Lender may make proof of loss if not made promptly by Borrower.

If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits subject to the rights of the senior lienholder, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair· of the Property or to the sums secured by this Deed of Trust. Any excessive insurance proceeds shall be disbursed to the City of Simi Valley's Affordable Housing Account.

4. Preservation and Maintenance of Property. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment. or deterioration of the Property.

Borrower shall perform all of Borrower's obligations under the Covenants, Conditions or Restrictions (CC&R'.s) creating or governing the development, the by-laws and regulations of the development, and constituent documents.

5. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice . ' to Borrower, may make such appearances, disburse such sums, including reasonable attorney's fees, and take such action as is necessary to protect Lender's interest. If Lender required -38- H 55 / 11-07 (lg)
76 )

10. Incorporation of Restrictive Covenants. This Deed of Trust and Note are executed and delivered pursuant to the Restrictive Covenants dated , and recorded in the Office of the Ventura County Recorder as Instrument No. _____ _ The Restrictive Covenants are incorporated herein by this reference as though set forth herein in its entirety. All capitalized words used in this Note and not otherwise defined herein shall have the same definitions as set forth in the Restrictive Covenants.

11. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Deed of. Trust shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein.

12. Governing Law; Severability. The state and local laws applicable to this Deed of Trust shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to this Deed of Trust. In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust of the Note conflicts with applicable law, such conflict shall not affect provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Deed of Trust and the Note are declared to be severable. As used herein, "costs", "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein.

13. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time of execution or after recordation hereof.

NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:

14. Due On Sale Provisions. Borrower's agreement to insure the continued affordability of the Real Property is a substantial material consideration to Lender and Lender's agreement to accept the Note and to accept this Deed of Trust. The Transfer of all of the Property or interest therein in violation of the Restrictive Covenants may significantly and materially alter or reduce Lender's ability to insure the continued affordability of the Real Property in accordance with California Civil Code Section 711.5. In order to induce Lender to accept this Deed of Trust and the Note, Borrower agrees that Borrower shall not Transfer all or any part of the Property as a whole without the prior written consent of Lender. Lender may grant or deny such consent in its sole and absolute discretion and as a condition to such consent may require any such Transferee to assume all obligations hereunder and to agree to be bound by all provisions contained herein.

In the event of any proposed Transfer, Borrower shall provide Lender with all financial and other information pertaining to the intended purchaser reasonably requested by Lender. In the event of any Transfer without the prior written consent of Lender, Lender shall have the absolute right, at its option, without demand or notice, to declare all outstanding Principal and Lender's Note to be immediately due and payable. Consent to one Transfer shall not be deemed to be a waiver of the right to require consent to a future or successive Transfer. As used herein, "Transfer" includes the sale, agreement to sell, transfer, exchange or other conveyance of the Property or any portion thereof or any interest therein, whether voluntary or involuntary, by -39-H 55 I 11-07 (lg)
77 ,

10. Incorporation of Restrictive Covenants. This Deed of Trust and Note are executed and delivered pursuant to the Restrictive Covenants dated , and recorded in the Office of the Ventura County Recorder as Instrument No. ------ The Restrictive Covenants are incorporated herein by this reference as though set forth herein in its entirety. All capitalized words used in this Note and not otherwise defined herein shall have the same definitions as set forth in the Restrictive Covenants.

11. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Deed of Trust shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein.

12. Governing Law; Severability. The state and local laws applicable to this Deed of Trust shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to this Deed of Trust. In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust of the Note conflicts with applicable law, such conflict shall not affect provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Deed of Trust and the Note are declared to be severable. As used herein, "costs 11, "expenses II and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein.

13. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time of execution or after recordation hereof.

NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:

14. Due On Sale Provisions. Borrower's agreement to insure the continued affordability of the Real Property is a substantial material consideration to Lender and Lender's agreement to accept the Note and to accept this Deed of Trust. The Transfer of all of the Property or interest therein in violation of the Restrictiv� Covenants may significantly and materially alter or reduce Lender's ability to insure the continued affordability of the Real Property in accordance with California Civil Code Section 711. 5. In order to induce Lender to accept this Deed of Trust and the Note, Borrower agrees that Borrower shall not Transfer all or any part of the Property as a whole without the prior written consent of Lender. Lender may grant or deny such consent in its sole and absolute discretion and as a condition to such consent may require any such Transferee to assume all obligations hereunder and to agree to be bound by all provisions contained herein.

In the event of any proposed Transfer, Borrower shall provide Lender with all financial and other information pertaining to the intended purchaser reasonably requested by Lender. In the event of any Transfer without the prior written consent of Lender, Lender shall have the absolute right, at its option, without demand or notice, to declare all outstanding Principal and Lender's Note to be immediately due and payable. Consent to one Transfer shall not be deemed to be a \. / waiver of the right to require consent to a future . or suc�essive Transfer. As used herein, "Transfer" includes the sale, agreement to sell, transfer, exchange or other conveyance of the Property or any portion thereof or any interest therein, whether voluntary or involuntary, by H 55 I 11-07 (lg)
78 .,
operation 9f law or otherwise except that Transfers by gift, devise or inheritance to an existing spouse, surviving joint tenant, revocable trust or to a spouse as a part of a dissolution proceeding or in connection with marriage shall not be considered a Transfer for purposes of this Paragraph.

15. Rents and Profits. Borrower acknowledges and agrees that the Property shall at all times be "owner-occupied" and shall not be leased or rented during the term of the Note and this Deed of Trust. Notwithstanding the foregoing, any rents, royalties, issues, profits, revenue, income and other benefits of the Property arising from the use and enjoyment of all or any portion thereof or from any lease or agreement pertaining thereto (the "Rents and Profits"), whether now due, past due, or to become due, and including all prepaid rents and security deposits, are hereby absolutely, presently and unconditionally assigned, transferred, conveyed and set over to Lender to be applied by Lender in the payment of the principal and all other sums payable on the Note and of all other sums payable under this Deed of Trust. Prior to the happening of any Event of Default hereunder, Borrower shall have license to collect and receive all Rents and Profits. Such license shall be terminable at the sole option of Lender, without regard to the adequacy of its security hereunder and without notice to or demand upon Borrower, upon the occurrence of any Event of Default hereunder. It is understood and agreed that neither the foregoing assignment of Rents and, Profits to Lender nor the exercise by Lender of any of its rights or remedies hereunder shall be deemed to defeat the "owner-occupied" restriction set forth in the Agreement or to make Lender a "mortgagee-in-possession" or otherwise responsible or liable in any manner with respect to the Property or the use, occupancy, enjoyment or operation of all or any portion thereof, unless and until Lender, in person or by agent, assumes actual possession thereof.

16. Acceleration; Remedies. Upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, the Note, or Restrictive Covenants, including the covenants to pay when due any sums .secured by this Deed of Trust, or upon Borrower's breach of any covenant or agreement under any other note or instrument secured by any part or all of the property, Lender shall have the right to accelerate payment of all sums due hereunder. Lender prior to acceleration shall give notice to Borrower as provided in paragraph 11 hereof specifying:
(1) the breach; (2) the action required to cure such breach; (3) a date, not less than 10 days from the date of notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Deed of Trust and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of Borrower to acceleration and sale. If the breach is not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Deed of Trust to be immediately due and payable without further demand and may invoke the power of sale and acceleration of the sums secured by this Deed of Trust and sale of the Property and any other remedies permitted by applicable law.

Lender may . bring an action in any court of competent jurisdiction to foreclose this Deed of Trust or to enforce any of the covenants and agreements hereof. Lender may elect to cause the . Property or any part thereof to be sold under the power of sale herein granted in any manner permitted by applicable law. In connection with any sale or sales hereunder, Lender may elect to treat any of the Property which consists of a right in action or which is property that can be severed from the Real Property covered hereby or any improvements thereon without causing structural damage thereto as if the same were personal property and dispose of the same in accordance with applicable law, separate and apart from the sale of the Real Property.

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Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph 16, including, but not limited to, reasonable attorney's fees.

If Lender invokes the power of sale, Lender shall execute or cause Trustee to execute a written ; notice of the occurrence of an event of default and of Lender's election to cause the Property to be sold and shall cause such notice to be recorded in each county in which the Property or some part thereof is located. Lender or Trustee shall mail copies of such notice in the manner prescribed by applicable law. Trustee shall give public notice of sale to the persons and in the mam1er prescribed by applicable law. After the lapse of such time as may be required by applicable law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale.

Any person, including Borrower, Trustee or Lender, may purchase at any sale hereunder, and Lender shall have the right to purchase at any sale hereunder by crediting upon the bid price the amount of all or any part of the indebtedness hereby secured. Should Lender desire that more than one sale or other disposition of the Property be conducted, Lender may, at its option, cause the same to be conducted simultaneously, or successively, on the same day, or at .such different days or times and in such order as Lender may deem to be in its best interests, and no such sale shall terminate or otherwise affect the lien of this Deed of Trust on any part of the Property not sold until all indebtedness secured hereby has been fully paid.

Upon any sale hereunder, Trustee shall execute and deliver to the purchaser or purchasers a deed or deeds conveying the Property so sold, but without any covenant or warranty } whatsoever, express or implied, whereupon such purchaser or purchasers shall be let into immediate possession; and the recitals in any such deed or deeds of facts, such as default, the giving of notice of default and notice of sale and other facts affecting the regularity or validity of such sale or disposition, shall be conclusive proof of the truth of such facts and any such deed or deeds shall be conclusive against all persons as to such facts recited therein. In case of any sale of the Property pursuant to any judgment or decree of any court or at public auction or otherwise in connection with the enforcement of any of the terms of this Deed of Trust, Lender, its successors or assigns, may become the purchaser, and for the purpose of making settlement for or payment of the purchase price, shall be entitled to deliver over and use the Note, together with all other sums, with interest, advanced and unpaid hereunder, in order that there may be credited as paid on the purchase price the sum then due under the Note, including principal thereon and all other sums, advanced and unpaid hereunder. Trustee shall deliver to the purchaser Trustee's deed conveying the Property so sold without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto.

No remedy herein conferred upon or reserved to Trustee or Lender is intended to be exclusive of any other remedy herein or by law provided but each shal.l be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. No delay or omission of Trustee or Lender to exercise any right or power -42-
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\ )
accfUing upon any Event of Default shall impair any right or power or shall be construed to be a waiver of any Event of Default or any acquiescence therein; and every power and remedy given by this Deed of Trust to Trustee or Lender may be exercised from time to time as often as may be deemed expedient by Trustee or Lender. If there exists additional security for the performance of the obligations secured hereby, the holder of the Note, at its sole option, and without limiting or affecting any of its rights or remedies hereunder, may exercise any of the rights and remedies to which it may be entitled hereunder either concurrently with whatever rights and remedies it may have in connection with such other security or in such order as it may determine.

Any application of any amounts or any portion thereof held by Lender at any time as additional security hereunder to any indebtedness secured hereby shall not extend or postpone the due dates of any payments due from Borrower to Lender hereunder or under the Note, or change the amounts of any such payments or otherwise be construed to cure or waive any default or notice of default hereunder or invalidate any act done pursuant to any such default or notice. In the event that Lender shall have proceeded to enforce any right under this Deed of Trust by foreclosure, sale, entry or otherwise, and such proceedings shall have been discontip.ued or abandoned for any reason or shall have been determined adversely, then, and in every such case, Borrower and Lender shall be restored to their former positions and rights hereunder with respect to the Property subject to the lien hereof.

17. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at arty time prior to five days before sale of the Property pursuant to the power of sale contained in this Deed of Trust or at any time prior to entry of a judgment enforcing this Deed of Trust if: (a) Borrower pays Lender all sums which would be then due under this Deed of Trust and the Note had no acceleration occurred; (b) Borrower cutes all breaches of any other covenants or agreements of · Borrower contained in this Deed of Trust; ( c) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and agreements of Borrower contained in this Deed of Trust, and in enforcing Lender's and Trustee's remedies as provided in paragraph 16 hereof, including, but not limited to, reasonable attorney's fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Deed of Trust, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Deed of Trust shall continue unimpaired. Upon such payment and cure by Borrower, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred.

18. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 16 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable.

Upon acceleration under paragraph 16 hereof or abandonment of the Property, Lender, in person, by agent or by judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of. the Property including those past due. All rents collected by Lender or the receiver shall be applied first to premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Deed of Trust. Lender and the receiver shall be liable to account only for those rents actually received. -43-
H 55 I 11-07 (lg)
81 i9. Re�onveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee. Trustee shall reconvey the ·,
Property without warranty and without charge to the person or persons legally entitled thereto. 1 )
Such person or persons shall pay all costs of recordation, if any.

20. Substitute Trustee. Lender, at Lender's option, may from time to time appoint a successor trustee to any Trustee appointed hereunder by an instrument executed and acknowledged by Lender and recorded in the office of the Recorder of the county where the Property is located.

The instrument shall contain the name of the original Lender, Trustee and Borrower, the book and page where this Instrument is recorded and the·name and address of the successor trustee. The successor trustee shall, without conveyance of the Property, succeed to all the title, powers and duties conferred upon the Trustee herein and by applicable law. This procedure for substitution of trustee shall govern to the exclusion of all other provisions for substitution.

21. Request for Notices. Borrower requests that copies of the notice of default and notice of sale be sent to Borrower's address, which is the Property Address. Lender requests that copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust be sent to Lender's address, as set forth on page one of this Deed of Trust, as provided by Section 2924(b) of the Civil Code of California.

22. Statement of Obligation. · Lender may collect a fee not to exceed $50 for furnishing the statement of obligation as provided by Section 2943 of the Civil Code of California.

23. Subordination. This Deed of Trust is subordinate·to any deed of trust or mortgage on the Residence, which deed of trust or mortgage is senior in recording priority to this Deed of Trust, and is likewise subordinate to any deed of trust or mortgage· made by or held by an institutional lender or investor which is given in connection with any refinancing of the loan secured by such senior deed of trust or mortgage, provided the loan amount of such refinancing does not exceed the then outstanding balance (plus refinancing and closing costs) of the existing senior loan. Any party, and its successors and assigns, receiving title to the Residence through a trustee's sale, judicial foreclosure sale, or deed in lieu of foreclosure of such senior deed of trust or mortgage, including a deed of trust or mortgage which is given in connection with such refinancing, and any conveyance or transfer thereafter, shall receive title free and clear of the provisions of this Deed of Trust.
-44-
H 55 I 11-07 (lg)
( /)
82 24. Non-Subordination of Restrictive Covenants. The Restrictive Covenants, entered into concurrently herewith, shall not be made subordinate to any monetary lien recorded against the Residence for a period of fifty-five (55) years from the initial date of sale of this Property, on ----------
IN WITNESS WHEREOF, Borrower has executed this Deed of Trust.

Borrower
Borrower
-45-
I-I 55 I 11-07 (lg)
83 STATE OF CALIFORNIA, County: ---------------------
0 n this day of , before me,.the
undersigned, a Notary Public in and for said State, personally appeared ________ _ -----------------, known to me to be the person(s) whose name(s) ---------- subscribed to the foregoing instrument, and acknowledged that executed the same.

WITNESS my hand and official seal.
(Reserved for official seal)
Signature:

Name (Typed or Printed)
My Commission expires:
-46-
H 55 I 11-07 (lg)
/
84 ;,
)
)

REQUEST FOR RECONVEYANCE
TO TRUSTEE:

The undersigned is the holder of the note or notes secured by this Deed of Trust. Said note or notes, together with all other indebtedness secured by this Deed of Trust, have been paid in full. You are hereby directed to cancel said note or notes and this Deed of Trust, which are delivered hereby, and to reconvey, without warranty, all the estate now held by you under this Deed of Trust to the person or persons legally entitled thereto.

Dated: -------------
-47-
H 55 I 11-07 (lg)
85 ,,
EXHIBIT 1

LEGAL DESCRIPTION )
-48-
H 55 / 11-07 (lg)
86 ,,
)

EXHIBIT E

UNIT SUMMARY REPORT
[name of developer]
Number of Units in Phase
Number of Affordable Units in Phase
Number of Affordable Units Under Construction
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 D Brochures D Signs D Cable Ads D Flyers D
Public Presentations D Other D
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
-49-
H 55 I 11-07 (lg)
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LEGEND:

MODERA 1E AFFORDABLE
HOUSING UNIT LOCA llON
OWNER/ APPLICANT:

MOHAMED M. HUMKAR
290 HAZELRIDGE CT.

SIMI VALLEY, CA 93065
(805) 492 -:8652
SITE PLAN: M0DERA1E AFFORDABLE HOUSING UNIT LOCATION MAP HAALAND GROUP, INC.
��==�1!i�
(805}497-<554 fox (805)<96-3727

CITY OF SIMI VALLEY
TENTATIVE TRACT MAP NO. 5585 STOW ST- &: LOS ANGEL.ES AVE.

SIMI VALLEY
88 EXHIBIT 2

PLANNING COMMISSION PACKAGE
PD-S-2024-0004/TT-2024-0002

October 21, 2024

INDEX

Resolution No. SVPC 11-2024
*Legal Description and Conditions of Approval have been removed from this Exhibit to avoid duplication.

September 4, 2024 Draft Planning Commission Minutes
September 4, 2024 Planning Commission Staff Report
**The public hearing procedure, draft resolution , Exhibit A -F, and Attachment A have been removed to avoid duplication.

89 RESOLUTION NO. SVPC 11-2024

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF SIMI VALLEY RECOMMENDING THE CITY

COUNCIL APPROVE A PLANNED DEVELOPMENT
PERMIT MODIFICATION (PD-S-2024-0004) AND
TENTATIVE MAP (TT-2024-0002) IN ORDER TO MODIFY

THE PLANNED DEVELOPMENT PERMIT TO REVISE THE

BUILDING ELEVATIONS AND SITE IMPROVEMENTS, A

TENTATIVE TRACT MAP TO SUBDIVIDE THE SITE INTO
16 TOWNHOME UNITS, AND REQUEST TO ELIMINATE

THE PREVIOUSLY APPROVED AFFORDABLE HOUSING
INCENTIVES LOCATED AT 5496 EAST LOS ANGELES
AVENUE; AND A DETERMINATION THAT THE PROJECT

IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
THE PLANNING COMMISSION RESOLVES AS FOLLOWS:

SECTION 1: Factual Findings and Conclusions. The Planning Commission finds as follows:

A. The applicant, Stow Villas, LLC, seeks approval for a Planned Development Permit Modification (PD-S-2024-0004) and Tentative Map (TT-2024-0002) for a 1.34-acre site located 5496 E Los Angeles Avenue (APN 651-0-020-455) as more particularly described in the legal description attached as Exhibit "A," which is incorporated by reference, for the purpose of modifying the Planned Development Permit (PD-S-964) to revise the building elevations and site improvements, a Tentative Map to subdivide the site into 16 townhome units, and request to eliminate the previously approved affordable housing incentives.

B. The City reviewed the project's environmental impacts under the California Environmental Quality Act (California Public Resources Code § 21000, et seq., "CEQA) and the regulations promulgated thereunder (14 California Code of Regulations §15000, et seq., the "CEQA Guidelines"), and the City's Environmental Guidelines;
C. The Environmental Services Director completed review and scheduled the public hearing regarding the application before the Planning Commission on September 4, 2024;
D. On September 4, 2024 the Planning Commission held a public hearing to receive public testimony and other evidence regarding the proposed project, including without limitation, information provided to the Planning Commission by City staff and public testimony; and
10 PDS20240004 TT20240002 PC Staff Report (mg)
90 RES. NO SVPC 11-2024
E. This Resolution and its findings are made based upon the evidence presented to the Commission at its September 4, 2024 hearing including, without limitation, the staff report submitted by the Environmental Services Department.

SECTION 2: Planned Development, Modification, and Tentative Map Findings. Pursuant to Exhibit "F," which is incorporated by reference, the Planning Commission makes the following findings:

A. The General Plan land use designation for this site is "High Density," which is intended to encourage a residential environment typified by higher density townhouses, two- to three-story apartments and other, multiple unit developments.

This designation is intended for use in the more central areas near shopping, near transit, and on arterial or collector streets (City of Simi Valley General Plan Chapter 3). The 16-unit townhomes are therefore consistent with the General Plan land use designation.

The project is consistent with the following General Plan goals and policies:
i. General Plan Land Use Policy LU-1.12 Complementary Land Uses. The project, which consists of high-density development, is located along a secondary arterial street Los Angeles Avenue, and is adjacent to existing high-density development to the w est and p roposed h igh-density development to the east.
ii. General Plan Land Use Policy LU-3.5 Development Scale. The project, which is located on the valley floor, retains a low suburban profile by limiting the building height to two stories.

B. The project is consistent with the development code's density, setback, maximum building height and number of stories, landscape, and minimum off-street parking standards. The project also meets the Mandatory and 11 Optional Standards for residential projects with five or more dwelling units. Therefore, the proposed project complies with the SVMC.

C. The proposed project complies with Residential Design Guidelines (ROG) as follows:
i.
ii.

ROG Section 4-B Multi-Family Project Site Design. The project buildings are sited along the streets, instead of parking lots or trash enclosures. None of the garage doors face Los Angeles Avenue or Stow Street. The townhome units located adjacent to Stow Street are oriented with front doors facing the street. Additionally, the trash enclosure located along the south property line has a walk-up pedestrian entrance, solid metal gates, and a decorative cover. Therefore, the proposed project complies with this design guideline.

ROG Section 4-B Multi-Family Residential Architecture. The townhome buildings incorporate several design features identified a s desirable, including hip and gable roof elements, exposed rafter tails, deep-set 11 PDS20240004 TT20240002 PC Staff Report (mg)
91 RES. NO SVPC 11-2024
windows, and door openings, offset wall pl anes, and sequencing of enclosed spaces and colonnades. Additionally, building materials identifies as desirable, consist of stucco exteriors, wood and wrought-iron accents, clay roof tiles and stone veneer. Therefore, the proposed project complies with this design guideline.

The Permittee must obtain all required grading permits from Public Works, building permits from Building and Safety pursuant to the California Building Standards Code, and all required permits from the Ventura County Fire Protection District before commencing operations. Therefore, the public health, safety, and welfare are being protected with implementation of these requirements.

D. The Permittee proposes a subdivision of one lot into 16 condominium lots, for the purpose of constructing high density townhouses. Therefore, the proposed Tentative Map is consistent with the Simi Valley General Plan designation of Residential High.

E. The development is an infill development, surrounded by existing single-family and multi-family dwelling son all sides. The permittee proposes a development density of approximately 12 units per acre, which is consistent with the surrounding land use densities.

F. The proposed subdivision into 16 townhouse units will not generate sufficient wastewater to significantly affect the Simi Valley wastewater treatment facilities surplus capacity.

G. Deciduous tree plantings on the south and west sides of the buildings will provide natural cooling in the summer and allot for natural solar heating in the winter.

Furthermore, the buildings are situated so that most of the windows open along the east-west axis, which is the direction of the prevailing winds, allowing for passive cooling.

H. The subdivision is surrounded by existing residential developments on all four sides, which eliminates the site's value as wildlife habitat. There is no surface water on the site, so the subdivision will not have an impact on fish habitat. Furthermore, the project's Initial Study concluded that the project will not have a significant environmental impact.

I. The subdivision will be adequately served by existing infrastructure, including sewer, water, utility, police, and fire services which negates any effects on public health.

J. The subdivision includes only easements for City's utility services such as sewer and water. Furthermore, there are no existing or proposed access easements on the site benefiting the public at large.

K. The development will help meet the City's housing needs by providing additional owner-occupied, multi-family opportunities
SECTION 4: Environmental Assessment. Because of the facts set forth in Section 2, the Planning Commission determines that t he proposed Planned Development Permit 12 PDS20240004 TT20240002 PC Staff Report (mg)
92 RES. NO SVPC 11-2024
Modification and Tentative Map are exempt from further environmental review under CEQA and CEQA Guidelines because it qualifies as Categorically Exempt under CEQA Guidelines §15332.

SECTION 5: Approval. The Planning Commission recommends that the City Council approve PD-S-2024-0004 and TT-2024-0002 subject to compliance with all conditions, attached as Exhibits B and C, and incorporated by reference. Violation of any such condition will be grounds for revocation of the permit, as well as any other remedy which is available to the City.

SECTION 6: Reliance On Record. Each and every one of the findings and determination in this Resolution are based on the competent and substantial evidence, both oral and written contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the Planning Commission in all respects and are fully and completely supported by substantial evidence in the record as a whole.

SECTION 7: Limitations. The Planning Commission's analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that is absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the Planning Commission's lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state, and national problems and issues.

The City must work within the political framework within which it exists and with the limitations inherent in that framework.

SECTION 8: This Resolution will remain effective until superseded by a subsequent resolution.

SECTION 9: The Commission secretary is directed to mail a copy of this Resolution tony person requesting a copy.

PASSED and ADOPTED this 4th day of September 2024.

Attest: ~
M. .

Megan Grai
Recording Secretary
Allan C. Mann, Chairperson
Planning Commission
Approved as to Form:

ALGERIA R. FORD, City Attorney
7~ By: ~ , ,,. '
Brian I. Hamblet
Senior Assistant City Attorney
Approved as to Content:

SeanGibson
Deputy Environmental Services Director/
City Planner
13 PDS20240004 TT20240002 PC Staff Report (mg)
93 RES. NO SVPC 11-2024
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Simi Valley, California, at a regular meeting held on September 4, 2024, by the following vote:

AYES:

NAYS:

ABSTAIN:

ABSENT:

Commissioner Tolson; Vice Chairperson Mayer; and
Chairperson Mann
None
None
Commissioners Kennedy and Rice
ATTEST:

Megah Grru
Recording Secretary
14 PDS20240004 TT20240002 PC Staff Report (mg)
94 EXHIBIT A

LEGAL DESCRIPTION
THAT PORTION OF PARCEL "J", SECTION 8, TOWNSHIP 2 NORTH, RANGE 17

WEST, IN THE CITY OF SIMI VALLEY, COUNTY OF VENTURA, STATE OF CALIFORNIA, OF SUBDIVISION NO. 3, SIMI LAND AND WATER COMPANY, RANCHO SIMI AS PER MAP RECORDED IN BOOK 5 PAGE 25 OF MISCELLANEOUS

RECORDS (MAPS), RECORDS OF THE COUNTY OF VENTURA, STATE OF CALIFORNIA.
15 PDS20240004 TT20240002 PC Staff Report (mg)
95 RES. NO SVPC 11-2024
EXHIBIT 8
CASE NO.: TT-2024-0002
APPLICANT: Stow Villas LLC

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 takes 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 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. 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 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.
16 PDS20240004 TT20240002 PC Staff Report (mg)
96 RES. NO. SVPC 11-2024
CASE NO.: TT-2024-0002
APPLICANT: Stow Villas LLC
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.

A. ENVIRONMENTAL SERVICES CONDITIONS:

A-1 This 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 Exhibit Tentative Tract Map No. 6102.

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

A-4 Permittee must prepare a Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and submit t hem 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-of way and enriched parkways;
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 17 PDS20240004 TT20240002 PC Staff Report (mg)
97 RES. NO. SVPC 11-2024
CASE NO.: TT-2024-0002
APPLICANT: Stow Villas LLC
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-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 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; 18 PDS20240004 TT20240002 PC Staff Report (mg)
98 RES. NO. SVPC 11-2024
CASE NO.: TT-2024-0002
APPLICANT: Stow Villas LLC
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 the Final Map to the City Engineer with a title report, reference documentation, calculations, and applicable fees.

B-2 Permittee must provide to the Department of Public Works a digital file of the Final Map in a format compatible with the City GIS database.

B-3 Permittee must submit 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 t he time of first submittal. All improvement plans must comply with SVMC § 9-64. Permittee must submit improvement plans as one package and must include all project improvements shown on the approved project exhibits and those to be designed p er these 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.

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.
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99 RES. NO. SVPC 11-2024
CASE NO.: TT-2024-0002
APPLICANT: Stow Villas LLC
Grading and Drainage
B-6 Permittee must design and submit a grading plan, subject to review and approval by the City Engineer. 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, 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 Vlll-3 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 flow rate. 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 p ermanent 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 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 regarding flood zones and flood damage prevention.

Maintenance Services
B-13 Permittee must submit, to the Director of Public Works or designee, final Landscape and Irrigation Plans for the project for review and approval.

Landscape and Irrigation Plans must include estimates and plan check and inspection fees. The project mu st conform to the Ventura County Waterworks No. 8 Conservation Standards, State of California AB1881 California Model Water Efficient Landscape Ordinance, and d esign requirements of SVMC § 7-3.08 and 7-3.09. An estimate and plan check fees must accompany the submittal.

B-14 Permittee must insure that the landscape and irrigation design plans include provision for installing root barriers (18 inches deep by 10 feet long, minimum), adjacent to back side of sidewalk, when planting on-site tree(s) within 10 feet from the public rights-of-way and public sidewalk. 20 PDS20240004 TT20240002 PC Staff Report (mg)
100
RES. NO. SVPC 11-2024
CASE NO.: TT-2024-0002
APPLICANT: Stow Villas LLC
B-15 Permittee must have included a statement on the projects Landscape Improvement Plans stating that the Owner will maintain any existing and all newly established landscaping and irrigation within the public rights-of-way adjacent the project.

B-16 Permittee must provide the Director of Public Works or designee with a plan design that ensures all landscaping within the "Line of Sight" areas at driveways, does not exceed 30" maximum plant height at maturity.

B-17 Permittee must provide Public Works or designee with a plan design for screening all above ground utilities, such as check valves and transformers, which may be located adjacent to the right-of-way. Above-ground utilities must be designed to be setback sufficiently, approximately 6-8 feet from the right-of-way, to allow adequate onsite screening from the roadway as determined by Director of Public Works or designee
D. VENTURA COUNTY FIRE PROTECTION DISTRICT:

END OF CONDITIONS
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RES. NO. SVPC 11-2024
CASE NO.: TT-2024-0002
APPLICANT: Stow Villas LLC

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 - --------- -
22 PDS20240004 TT20240002 PC Staff Report (mg)
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RES. NO. SVPC 11-2024

EXHIBIT C
CASE NO.: PD-S-2024-0004
APPLICANT: Stow Villas 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. Applicant (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 successors and assigns thereto. These conditions are deemed to touch and concern the real property, which is the subject hereof, and will run with the land. Compliance with these conditions must be maintained for the life of the permit. Applicant must comply with all of the conditions.

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.

By use of the entitlements granted by a development application, the Permittee acknowledges agreement with the Conditions of Approval. 23 PDS20240004 TT20240002 PC Staff Report (mg)
103
RES. NO. SVPC 11-2024
CASE NO.: PD-S-2024-0004
APPLICANT: Stow Villas LLC
A. ENVIRONMENTAL SERVICES CONDITIONS:

Planning Division:

A-1 This permit is granted for all of the buildings, roadways, parking areas, landscaping, lighting, colors and materials, and other features which must be as shown on the formal application and exhibits specifically labeled as Sheet A-0.0 Cover Sheet; A-0.1 R Revised Site Plan; AA-1.3r Revised Building "A" Composite Exterior Elevations; AA-1.4 Revised Building "A" Composite Exterior Elevations; AB-1.3 Building BID Elevations; AB-1.4 Building B/D Composite Elevations; AC-1.3 Building C Composite Elevations; AD-1.3R Revised Building "D" Elevations; L-1 R Site Landscape Circulation; L-2R Proposed Tree Sizes & Quantities; L-3R Proposed Irrigation Plan; L-3 Details; Tentative Tract Map No. 6102; date July 22, 2024.

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-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-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.
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RES. NO. SVPC 11-2024
CASE NO.: PD-S-2024-0004
APPLICANT: Stow Villas LLC
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 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 Tentative Map TT-2024-0002 a re incorporated by reference and are part of this approval.

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 a nd location o f all above-ground utility c abinets 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. 25 PDS20240004 TT20240002 PC Staff Report (mg)
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RES. NO. SVPC 11-2024
CASE NO.: PD-S-2024-0004
APPLICANT: Stow Villas LLC
A-13 Before the Building O fficial, 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 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.

A-17 Before issuance of Zoning Clearance, Permittee must install Ring doorbells pursuant to Optional Standards found in SVMC 9-24.060.D.2.e, which states "physical security devices shall be incorporated into the design of the project."
* A-18 Permittee must submit to the Deputy Environmental Services Director/City Planner for review and approval, revised site plan and elevations that include the following:
a. Stone veneer on all building elevations as shown on approved building elevations per PD-S-964;
b. Removal of stone veneer on all trash enclosures; and c. 10 foot depth of stamped concrete at each project entry driveway in the color and style originally approved per PD-S-964.

B. PUBLIC WORKS CONDITIONS:

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 are not a comprehensive listing of all State and Municipal Code requirements and City ordinances and policies. All of the following Conditions, including the payment of all the miscellaneous fees, must be completed before the 26 PDS20240004 TT20240002 PC Staff Report (mg)
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RES. NO. SVPC 11-2024
CASE NO.: PD-S-2024-0004
APPLICANT: Stow Villas LLC
issuance of a Zoning Clearance, unless other timing has been specified by the City Engineer. The conditions marked with an asterisk (*) are Special Conditions applicable specifically to this project. In the event of a conflict between a Standard Condition and a Special Condition, the Special Condition will take precedence.

B-2 Before of the City Engineer issues a Grading Permit, Permittee must submit improvement plans on 24" x 36" sheets having the City's standard signature blocks. All lettering on the plans must be a minimum of .08 inch in size and the plans must be drawn to ensure reproduction and record keeping. All plans must be drawn in ink and must be signed by a California State Registered Civil Engineer at the time of first submittal. All improvement plans must comply with Chapter 7 of the Ventura County Land Development Manual adopted by City Council Resolution No. 69-8. Permittee must submit improvement plans for the entire project as one package and must include all project improvements shown 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-5 Before occupancy, Permittee must complete all improvements per the accepted plans and approved conditions and obtain acceptance for the improvements by the City.

Grading
B-6 Before the City Engineer issues a grading permit, Permittee must submit a site paving, grading, and drainage plan, subject to review and approval by the City Engineer.
a. The plans must be in conformance with Chapter 7 of the Ventura County Land Development Manual adopted by City Council Resolution No. 69-8.
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RES. NO. SVPC 11-2024
CASE NO.: PD-S-2024-0004
APPLICANT: Stow Villas LLC
b. The site paving, grading, and drainage plan must be accompanied by a geotechnical report, prepared to comply with the City of Simi Valley Guidelines for Geotechnical Reports.
c. 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.

B-7 Before the City Engineer issues a grading permit, Permittee must post improvement securities for all grading, must pay all applicable fees, and must provide insurance documentation.

B-8 P ermittee must obtain a grading permit, must complete the grading according to the approved plans, and must provide certifications by the soils engineer and civil engineer.

Drainage
B-9 Before the City Engineer issues a grading permit, Permittee must provide a final drainage study prepared by a California State Registered Civil Engineer. This study must include hydrologic and hydraulic calculations and must comply with the City of Simi Valley Drainage Study Guidelines, Goal Vlll-3 of the General Plan, the Ventura County Hydrology Manual, and the Hydraulic Design Manual of the Los Angeles County and Ventura County Watershed Protection Districts.

B-11 Detention facilities must be privately maintained by the property owner(s). *B-12 Permittee must submit to the City Engineer for review and shall execute and record upon approval a Deed Restriction Covenant and Agreement regarding Detention, Storm drains and Stormwater Treatment Device Maintenance consistent with the current Technical Guidance Manual for Stormwater Quality Control Measures of the Ventura County Stormwater Quality Management Program.

Storm Water Quality
*B-13 Before the City Engineer issues a grading permit, Permittee must prepare a Storm Water Pollution Prevention Plan (SWPPP) and incorporate 28 PDS20240004 TT20240002 PC Staff Report (mg)
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RES. NO. SVPC 11-2024
CASE NO.: PD-S-2024-0004
APPLICANT: Stow Villas LLC
permanent storm water quality treatment devices into the site improvements for review, before approval by the City Engineer. The SWPPP must be prepared and implemented to comply with:
a. State Water Resources Control Board, Division of Water Quality Order No. 2022-0057-DWQ: National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities ("General Permit"), NPDES No. CAS000002, effective September 1, 2023; and
b. State of California, California Regional Water Quality Control Board, Los Angeles Region Order No. R4-2021-0105: Waste Discharge Requirements and NPDES Permit for Municipal Separate Storm Sewer System (MS4) Discharges Within the Coastal Watersheds of Los Angeles and Ventura Counties, NPDES No. CAS004004, effective September 11, 2021.
*B-14 Permittee m ust identify pollutant sources and 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. For any work in progress, updated SWPPP and erosion control plans must be submitted during the period from November 1 to April 1 of each year.

Maintenance Services
B-15 Before the City Engineer issues a Grading Permit, Permittee must have received P ublic Works approval for the p rojects c onstruction level Landscape and Irrigation design plans and must have paid all public works plan check and inspection fees.

B-16 Before the Building Official issues a final Certificate of Occupancy, Permittee must have included a statement in any applicable Conditions, Covenants, and Restrictions (CC&R's) for this project requiring that the Owner maintain any and all landscaping and irrigation adjacent the project and within the public rights-of-way. In lieu of establishment of a set of CC&R's or an Industrial or Commercial Management Agreement, it shall be the property owner's responsibility under the planned development permit to maintain landscape and irrigation within the public rights-of-way for this development.

B-17 Before the Building Official issues a final Certificate of Occupancy of the first building completed, Permittee must have completed installation of Right-of-Way landscape improvements as shown on the City Approved Landscape Plans.
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RES. NO. SVPC 11-2024
CASE NO.: PD-S-2024-0004
APPLICANT: Stow Villas LLC
Waterworks District 8
B-18 The proposed Irrigation Plan L-3R, Revision 2, dated June 20, 2024, is inaccurately depicting the location of the irrigation water service connection, irrigation meter, and backflow prevention assembly. The irrigation water service and meter were already installed for this project. Permittee must correct the drawing to depict the actual location of the irrigation meter.

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. I nclude 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-lPC) 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.
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RES. NO. SVPC 11-2024
CASE NO.: PD-S-2024-0004
APPLICANT: Stow Villas LLC
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 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-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 July 24, 2024 (Exhibit D), which is incorporated by reference.
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RES. NO. SVPC 11-2024
CASE NO.: PD-S-2024-0004
APPLICANT: Stow Villas LLC
E. RANCHO SIMI RECREATION AND PARK DISTRICT:

E-1 Permittee must provide the Rancho Simi Recreation and Park District (RSRPD) with updated Park Land Dedication/In-Lieu Fees for the three (3) previously dedicated affordable units that will no longer have an affordable component before the issuance of a Zoning Clearance for the project to the City of Simi Valley. 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. A copy of the current "Table of Values" used to determine the amount of fee in-lieu of land dedication is attached for the permittees information.

END OF ALL CONDITIONS
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RES. NO. SVPC 11-2024
CASE NO.: PD-S-2024-0004
APPLICANT: Stow Villas LLC

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 PD-S-2024- 004 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 - --------- -
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113

MINUTES OF THE MEETING OF THE

PLANNING COMMISSION

MOBILE HOME RENT MEDIATION BOARD

TREE ADVISORY BOARD
City Council Chamber September 4, 2024
2929 Tapo Canyon Road
Simi Valley, CA 93063

1. CALL TO ORDER
The regular meeting of the Planning Commission of the City of Simi Valley was called to order at 6:30 p.m.

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL

Present: Commissioner Tolson; Vice Chairperson Mayer; Chairperson Mann

Absent: Commissioners Kennedy and Rice

4. APPROVAL OF AGENDA
Vice Chairperson Mayer motioned for agenda item 11.A.1. be heard second and agenda item 11.A.2. be heard first.

5. APPROVAL OF MINUTES – None

6. DECLARATION OF CONFLICT – None

7. PUBLIC STATEMENTS – None

8. CORRESPONDENCE
Deputy Environmental Services Di rector/City Planner Sean Gibson stated two supplemental staff reports were provided for agenda item 11.A.2. Copies were provided at the dais as well as in the lobby for the public.

9. CONSENT CALENDAR – None

10. CONTINUED BUSINESS – None

11. NEW BUSINESS
A. PUBLIC HEARINGS
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2. SP-S-2024-0002, GPA-2024-0002 Z-S-2024-0002: To consider a recommendation to the City Council for the Envision Simi Valley Specific Plan to create a community vision for developing areas of Los Angeles Avenue and Tapo Street, including new housing, commercial, and recreational opportunities; a General Plan Amendment to amend the land use and related general plan text; a Zone Change and amendment to the SVMC to remove the TAPO and LAAPO overlay districts; and adopting the Mitigated Negative Declaration (MND) and Mitigation Monitoring Plan for the subject application
Staff Contact: Naren Gunasekera
(805) 583-6863

There were no ex parte communications to report.

Deputy Environmental Services Director/City Planner Sean Gibson gave a brief overview of the project.

Environmental Services Director Stratis Perros, Principal Planner Naren Gunasekera, and Senior Associate Orlando Gonzales with Gruen Associates gave a presentation of the staff report.

Chairperson Mann opened the public testimony portion of the hearing. As no one in the audience wished to speak, Chairperson Mann closed the public testimony portion of the hearing.

Vice Chairperson Mayer thanked staff for all the work put into this project. Ms.

Mayer mentioned that the pr oject did not mention the historic aspect of Tapo Street. She would like to see projects in the future marking the historic significance of Tapo Street as Tapo Street made Simi Valley what it is today.

Commissioner Tolson stated fantastic work by all City staff and the consultants on the project and working to get the public’s input. Mr. Tolson appreciates the complete streets aspect of the Specific Plan as well as the objective design standards.

Chairperson Mann grew up in the City and remembers Tapo Street and the original Larwin Square on Los Angeles Avenue. Both areas need the assistance of this project.

VICE CHAIRPERSON MAYER MOVED THAT THE

PLANNING COMMISSION OF THE CITY OF SIMI

VALLEY RECOMMEND TO THE CITY COUNCIL

THAT THE CITY COUNCIL ADOPT THE ENVISION
SIMI VALLEY SPECIFIC PLAN (SP-S-2024-0002);
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AMEND THE GENERAL PLAN (GPA-2024-0002) TO

CHANGE THE LAND USE MAP, AND THE MOBILITY

AND INFRASTRUCTURE ELEMENTS TO
ACCOMMODATE THE SPECIFIC PLAN; AMEND

THE ZONE MAP AND SIMI VALLEY MUNICIPAL
CODE (Z-S-2024-0002) TO REMOVE THE TAPO
AND LAAPO OVERLAY ZONING DISTRICTS;

AMEND THE ZONING MAP TO IDENTIFY AREAS
LOCATED WITHIN THE SPECIFIC PLAN; AND

ADOPT OF THE MITIGATED NEGATIVE

DECLARATION (MND) AND MITIGATION

MONITORING AND REPORTING PROGRAM FOR

THE PROJECT

Commissioner Tolson seconded the motion.

AYES: Commissioner Tolson; Vice Chairperson
Mayer; and Chairperson Mann

NAYS: None

ABSTAIN: None

ABSENT: Commissioners Kennedy and Rice

There is no appeal period for SP-S-2024-0002, GPA-
2024-0002 and Z -S-2024-0002 as the item will go to
City Council.

1. PD-S-2024-0004, TT-2024-0002; Stow Villas, LLC : To consider a recommendation to the City Council for a Tentative Map and Planned Development Permit Modification to develop 16 condominium units; eliminate the previously approved affordable housing incentives; and determine that the project is exempt from the California Environmental Quality Act; located at 5496 E Los Angeles Avenue

Staff Contact: Neal Morrissette
(805) 583-6867

There were no ex parte communications to report.

Deputy Environmental Services Director/City Planner Sean Gibson gave a brief overview of the project.
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Associate Planner Neal Morrissette gave a presentation of the staff report.

Commissioner Tolson asked for clarification regarding the stone veneer, the current status of the decorative planters, and the decorative concrete. Associate Planner Neal Morrissette will refer to the applicant regarding the current status of the project. Mr. Tolson inquired about the referenced change of building elevations and how that affects the currently constructed buildings. Mr. Morrissette stated the building elevations refer to the buildings keeping the current stucco.

Vice Chairperson Mayer asked the condition of the exis ting sidewalk. Associate Planner Mr. Morrissette stated the sidewalks are maintained but cannot speak to the condition overall.

Chairperson Mann asked about the removal of the decorative concrete and if it was a condition of the original approval. Deputy Environmental Services Director/City Planner Sean Gibson stated the decorative concrete was a part of the original design and the applicant is requesting to remove the decorative concrete.

Chairperson Mann opened the public testimony portion of the hearing.

The Applicant, Nadet Fararji , gave a brief presentation about the project. He acknowledges the long process of the project that started in 2019. Mr. Fararji stated due to rising costs, they are requesting the stated changes within the staff report.

Commissioner Tolson asked the applicant regarding his visit to the site. Mr. Tolson inquired about the employees he saw working today and what they were doing.

The applicant, Nadet Fararji stated the employees were working on the electrical and various landscape plumbing.

Chairperson Mann asked the reason behind removing the decorative concrete and what the future plan is for landscaping. Mr. Fararji stated removing the decorative concrete is due to cost and the enhanced landscape includes trees as requested by the City.

Vice Chairperson Mayer asked what the stamped concrete is being replaced with to which the applicant stated regular, non-stamped concrete.

Commissioner Tolson stated during the site visit, he saw already poured sidewalks on the west side of the project and if those are being changed and when they were poured. Mr. Fararji stated the sidewalks were poured about 30 – 40 days ago as per the approved plans with no intentions of changing.

Rita Delmar spoke in opposition to the project. Ms. Delmar s tated her concerns with the project, the foundation-shaking due to construction, and the collapsing shared wall.
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Siraj Aboulhson with the applicant team stated a shared wall did fall to which a civil engineer helped design and also repaired a wall on the south side. The main reasons behind the removal of the decorative concrete is cost as well as maintenance. Gutters are currently being installed, the applicant is working with a landscaper and installing irrigation, exterior lighting is being added, and working to obtain bids for the asphalt as well as fixing the road on Stow Street.

Commissioner Tolson asked what the approximate date of completion of the project is and what the potential selling price will be . Mr. Aboulhson stated their targeted date is the end of 2024. Mr. Fararji stated approximately $675,000.

Deputy Environmental Services Director/City Planner Sean Gibson encourages all residents to follow up with City staff to ensure the safety of the property and potential tenants. Residents can reach out to Sean Gibson or Neal Morrissette. Mr.

Gibson clarified the timeline process for the project.

Chairperson Mann closed the public testimony portion of the hearing.

Vice Chairperson Mayer stated she has concerns regarding the project and the aesthetics of the project. Ms. Mayer recommended that the applicant find other ways to save money and not reduce the stone veneer or decorative concrete.

Commissioner Tolson stated he believes the decorative veneer should stay on the buildings, agrees with lowering the planter boxes to the ground, and has no opinion on the stamped concrete.

Chairperson Mann does not like removing the Affordable Housing Agreement but understands it will not affect our RHNA numbers. Mr. Mann would like to see a ribbon or border of the stamped concrete remain and does not mind removing the stone veneer since not all of the fronts of the buildings will be seen. Mr. Mann is ok with updating the interior sidewalks and patio areas.

Deputy Environmental Services Director/City Planner Sean G ibson suggested eliminating the center -stamped concrete and one -third of the entryway -stamped concrete, eliminate the stamped concrete within the private patios, eliminate the stone veneer on the trash enclosure, and determine how much stone veneer to keep on the main buildings.

A discussion between Chairperson Mann, Vice Chairperson Mayer, and Commissioner Tolson occurred regarding preferences for the building. Remove center-stamped concrete and stamped concrete within private patios, agreeing with dropping the landscape containers to the ground, eliminating the stone veneer on the trash enclosure, and keeping the stone veneer on the buildings. Mr. Gibson clarified to have 10 feet of stamped concrete at the entryway.

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COMMISSIONER TOLSON MOVED THAT THE

PLANNING COMMISSION OF THE CITY OF SIMI

VALLEY RECOMMEND THE CITY COUNCIL

APPROVE A PLANNED DEVELOPMENT PERMIT
MODIFICATION (PD-S-2024-0004) AND TENTATIVE
MAP (TT -2024-0002) IN ORDER TO MODIFY THE

PLANNED DEVELOPMENT PERMIT TO REVISE

THE BUILDING ELEVATIONS AND SITE

IMPROVEMENTS, A TENTATIVE TRACT MAP TO
SUBDIVIDE THE SITE INTO 16 TOWNHOME UNITS,

AND REQUEST TO ELIMINATE THE PREVIOUSLY
APPROVED AFFORDABLE HOUSING INCENTIVES;

AND A DETERMINATION THAT THE PROJECT IS

EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT

Vice Chairperson Mayer seconded the motion.

AYES: Commissioner Tolson; Vice Chairperson
Mayer; and Chairperson Mann

NAYS: None

ABSTAIN: None

ABSENT: Commissioners Kennedy and Rice

There is no appeal period for PD-S-2024-0004 and TT-
2024-0002 as the item will go to City Council.

B. OTHER – None

3. ORAL COMMUNICATIONS AND REPORTS
A. STAFF
Deputy Environmental Services Dir ector/City Planner Sean Gibson stated the next tentative Planning Commission meeting is September 18, 2024.

B. PLANNING COMMISSION – None
C. MOBILE HOME RENT MEDIATION BOARD – None
D. TREE ADVISORY BOARD – None

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4. ADJOURNMENT
The regular meeting of the Planning Commission of the City of Simi Valley was adjourned at 7:47 p.m. The next scheduled Planning Commission meeting is on September 18, 2024.

Minutes prepared by:

Megan Grai
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DEPARTMENT OF ENVIRONMENTAL SERVICES

PLANNING COMMISSION STAFF REPORT

CASE NO.: PD-S-2024-0004/TT-2024-0002 HEARING DATE: September 4, 2024

STAFF CONTACT: Neal Morrissette, (805) 583-6867
REQUEST: To consider a Tentative Map and Planned Devel opment Permit Modification to develop 16 condominium units;
eliminate the previously approved affordable housing
incentives; and determine that the project is exempt from the California Environmental Quality Act.

RECOMMENDATION: Recommend to the City Coun cil approval of PD -S-2024- 0004 and TT-2024-0002.

APPLICANT: Stow Villas, LLC
116625 Weatherby Rd
Los Alamitos, CA 90720
Attn: Siraj Aboulhosn
(949) 870-7371

GENERAL PLAN: Residential High Density
ZONING: Residential High Density (RH)
LOCATION: 5496 E Los Angeles Avenue (Southwest corner of East Los Angeles and Stow Street)

AGENDA ITEM NO.

11.A.1.

121
CASE NO. PD-S-2024-0004/TT-2024-0002
APPLICANT: Stow Villas, LLC

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PROJECT DESCRIPTION

The applicant, Stow Villas, LLC , requests a Planned Development Permit Modification (PD-S-2024-0004) and a new Tentative Map (TT -2024-00021) for the previously approved 16-unit Stow Villas project (PD-S-964/TT5585). The modifications would allow revisions to the building elevations and site improvements, including landscaping alterations. The project also includes a new Tentative Map to replace the previously expired Tentative Map and the discharge and release of the Affordable Housing Agreement. The discharge and release of the A ffordable Housing Agreement will be considered by the City Council along with final consideration of the Planned Development Permit and Tentative Map.

Background
On December 10, 2007, the City Council approved PD-S-964 and TT5585. The Tentative Map and Planned Development Permit authorized subdividing the 1.35-acre site to create a 16-unit townhome development, reserving three of the for-sale units for three moderate- income households pursuant to an Affordable Housing Agreement approved by the City.

The November 7, 2007 Planning Commission staff report (Exhibit 2) provides a full overview of the entire Planned Development Project and the original findings for approval.

Both TT5855 and PD-S-964 were set to expire three years from the date of their approvals on December 10, 2010. The Tentative map would have expired unless the Final Map was recorded and the Planned Development Permit would have expired unless construction of the project was commenced.

The following details the extension of the Planned Development Permit and the expiration of the Tentative Map:

1. The dates of their expirations were extended automatically by seve n years to December 10, 2017, pursuant to Senate Bill No. 1185 and Assembly Bill Nos. 333, 209, and 116.

2. On December 5, 2017, an Administrative Time Extension was applied for and granted to allow three additional years (extending the expiration date to December 10, 2020) to record the original Final Map and commence construction.

3. C onstruction began in the winter of 2019. This resulted in extending the expiration date for the Planned Development Permit. Due to unforeseen circumstances such as the CO VID-19 Pandemic, projects costs, delays in construction and an extending project timelines, construction was on hold leaving the site only partially constructed.

4. During this timeframe, the Final Map was not recorded and ultimately the Tentative Map expired on December 10, 2020.

The project construction is now closer to completion with a majority of the construction having been completed.
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CASE NO. PD-S-2024-0004/TT-2024-0002
APPLICANT: Stow Villas, LLC

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As was approved, the 16-unit townhome project is accessed by a 25- foot wide common driveway connecting to East Los Angeles Avenue and Stow Street (Figure 1 below) . A total of 53 parking spaces are provided, including 32 spaces within the townhome garages and 21 guest parking spaces along the south boundary. Each townhome has a two- car garage and a front entry courtyard. There are four buildings each containing four two- story townhome units with three bedrooms. The floor plan sizes range from 1,606 to 1,630 square feet.

Figure 1 – PD-S-964 Approved Site Plan

The townhome buildings under construction are designed with an architectural Mediterranean style with clay S -tile roofing, stucco exteriors, stone veneer treatments, decorative wrought-iron balcony railings, and arched elements.

Figure 2 – PD-S-064 Approved Elevations

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CASE NO. PD-S-2024-0004/TT-2024-0002
APPLICANT: Stow Villas, LLC

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Planned Development Permit and Tentative Map

The proposed Planned Development Permit Modification will alter the approved site plan with the following changes as show in Figure 3 below:
- Removal of a walkway along Los Angeles Avenue to accommodate for more landscape square footage on site. Additional landscaping is required due to the removal of affordable housing incentives, as explained below. - Alterations to patio hardscape on northernmost units to accommodate for landscaping square footage.
- Removal of decorative concrete on walkways, patio areas, parking lot, and parking driveway entrances.

Figure 3 – PD-S-2024-0004 Proposed Site Plan

Additionally, the proposed Planned Development Permit Modification will alter the approved elevations with the following changes shown in Figure 4 below:
- R emoval of decorative stone veneer in some areas to be replaced with matching exterior stucco.
- Relocation of decorative precast planters from on the wall adjacent the garages to on the ground.

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CASE NO. PD-S-2024-0004/TT-2024-0002
APPLICANT: Stow Villas, LLC

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Figure 4 – PD-S-2024-0004 Proposed Elevations

The proposed modifications and new Tentative Map do not change any of the findings made in the prior approval, except for the reference to the affordable housing component that is now being removed (refer to Affordable Housing section below). Therefore, the project has been reviewed for compliance and consistency with Simi Valley Municipal Code (SVMC). After removing the affordable housing component, the project must now provide 11 Optional Development Standards contained in SVMC § 9-24.060, which is an increase from the previous seven that were required. The additional standards are show in Table 4 below.

Table 4 – Optional Standards
Standard Provided

2.a The project shall be an "infill project." The project is(was) located on a vacant lot completely surrounded by urban land uses
(multi-family and single-family dwellings)

2.g Architectural treatment is provided around each
window and door area on all elevations of each unit,
and roof treatment with eaves is provided on all
elevations of each unit
The applicant proposes decorative window
and door tr eatments on all elevations, and
roof eaves are provided on all elevations.

2.h Incorporate variable setbacks, curving streets,
special concrete treatment (e.g., stamped concrete),
and special roof treatments.

All buildings have variable setbacks from
property lines.

2.i Enriched landscaping in parkways and greenbelts
throughout site.

The project incorporated enriched
landscaping along Los Angeles Avenue.

2.j Roof materials shall not consist of asphalt shingles. The applicant proposed clay roof tiles.

4.b 50% or more of units shall have three or more
bedrooms.
100 % of the dwelling units are three
bedrooms.

4.c Parking spaces shall be no more than 100 feet from unit served.

Each unit is att ached to its garage and is
therefore within 100 feet.
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CASE NO. PD-S-2024-0004/TT-2024-0002
APPLICANT: Stow Villas, LLC

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4.d The interface between the project and surrounding
uses shall be gradual, providing a compatible
transition of the project into the neighborhood.

The project is consistent with the surround
uses (townhomes to the east and
apartments to the west).

4.f Individual fully enclosed garage for each unit in the project.

Each unit contains a fully enclosed garage.

4.h Direct entry from the unit to the fully enclosed
garage.

Each unit has a direct entry to its garage.

2.e Physical security devices shall be incorporated into the design of the project.

Each unit has a Ring doorbell , as required
by PD-S-2024-0004 Condition A-17

Affordable Housing

Due to limitations on housing cost ratios pursuant to Health and Safety Code Section 50052.5(4) and the static pricing set by the Affordable Housing Agreement, the units will either exceed the housing cost ratios or provide too much subsidy for moderate income households (81% to 120% of the Area Median Income), depending where they fall within the income bracket. Additionally, the project has suffered significant financial setbacks, which has delayed construction. The developer indicated a sales price that would be financially feasible to facilitate complet ion of construction and it would not comply with affordable housing standards for moderate income households under current market conditions. The removal of these units from the City’s affordable housing inventory will not adversely affect the City’s overall compliance with RHNA due to moderate income units having the greatest amount of construction activity inclusive of ADUs. No net loss will not be triggered as there is no rezoning required. From an affordable housing standpoint, the City would prefer to see units completed and add to the housing inventory than further delay construction or risk the project being abandoned due to adverse financial circumstances affecting the developer and the project.

As part of the Affordable Housing Agreement, t he Applicant has modified the project to no longer seek development incentives needed to build the project. These incentives no longer being sought are as follows:

a) A 376-square-foot reduction in parkway area landscaping along Los Angeles Avenue; and
b) A size reduction for 16 replacement trees, from 48-inch to 36-inch box container size.

After the removal of the above mentioned incentives, the landscaping plans were revised to accommodate for the increase landscaping square foot and tree size requirements.

The request to eliminate the affordable housing agreement will be presented to the City Council for final consideration and is not a part of the Planning Commission portion of the review.

Project Findings

The Project findings for approval are referenced in the attached resolution. In this case, the request maintains consistency with the approved findings outline in the November 7, 2007 Planning Commission staff report (Exhibit 2), with the exception of the Housing Element Affordable Housing Policy finding, which is incorporated by reference.

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CASE NO. PD-S-2024-0004/TT-2024-0002
APPLICANT: Stow Villas, LLC

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ENVIRONMENTAL REVIEW AND CEQA REQUIREMENTS

The project’s environmental impacts were reviewed under the California Environmental Quality Act (Public Resources Code § 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regulations §15000, et seq ., the “CEQA Guidelines”). The Project is categorically exempt from additional environmental review pursuant to CEQA Guidelines § 15332 as a Class 32 categorical exemption (Infill Development).

The project site is less than five acres and substantially surrounded by urban uses and has no value as habitat for endangered, rare or threatened species. The project will not result in any significant effects related to traffic, noise, air quality or water quality, and is adequately served by all required utilities and public services. Based on this determination and pursuant to CEQA Guidelines § 15062, a Notice of Exemption was prepared (Attachment A).

INDEX Page

Public Hearing Procedure ............................................................................................... 8 Resolution ..................................................................................................................... 10 Exhibit A: Legal Description .................................................................................... 15 Exhibit B: Conditions of Approval for TT-2024-0002 ............................................... 16 Exhibit C: Conditions of Approval for PD-S-2024-0004 .......................................... 23 Exhibit D: Fire Protection District Memorandum, July 24, 2024 .............................. 33 Exhibit E: Rancho Simi Recreation and Park District Table of Values .................... 34 Exhibit F: Planned Development Permit, Modification of an Approved Project , and Tentative Map Findings ............................................................................................ 37 Attachment A: Notice of Exemption .............................................................................. 44 Exhibit 1: Reduced Exhibits (11” x 17”)
Exhibit 2: November 7, 2007 Planning Commission Staff Report

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REDUCED EXHIBITS
EXHIBIT 1
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EXHIBIT 2
NOVEMBER 7, 2007

PLANNING COMMISSION

STAFF REPORT
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Simi Valley City CouncilOctober 21, 2024

Simi Valley City Council
October 21, 2024