SecondreadingOrd1359
CITY OF SIMI VALLEY
MEMORANDUM
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ctober 21, 2024
T
O: City Council
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ROM: Department of Environmental Services
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UBJECT: SECOND READING OF ORDINANCE NO. 1360 APPROVING A CHANGE OF ZONE CLASSIFICATION (Z -S-2022-0003) FROM COMMERCIAL
PLANNED DEVELOPMENT (CPD) AND RESIDENTIAL MEDIUM
DENSITY (RM) TO RESIDENTIAL HIGH DENSITY (RH) FOR PROPERTY LOCATED AT 1845 OAK ROAD; AND ADOPTION OF A MITIGATED
NEGATIVE DECLARATION AND MITIGATION MONITORING AND
REPORTING PROGRAM
STAFF RECOMMENDATION
I
t is recommended that Ordinance No. 1360 be adopted.
BACKGROUND
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he attached Ordinance No. 1360 was introduced for first reading at the City Council meeting of October 7, 2024, without modifications.
SUGGESTED CITY COUNCIL MOTION
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move to adopt Ordinance No. 1360.
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_______________________________
Stratis Perros
Environmental Services Director
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repared by: Lucy Blanco, City Clerk
INDEX Page
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rdinance No. 1360 ............................................................................. 2 AGENDA ITEM NO.
8A
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ORDINANCE NO. 1360
A
N ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SIMI VALLEY APPROVING A CHANGE OF ZONE
CLASSIFICATION (Z -S-2022-0003) FROM COMMERCIAL
PLANNED DEVELOPMENT (CPD) AND RESIDENTIAL
MEDIUM DENSITY (RM) TO RESIDENTIAL HIGH DENSITY
(RH) FOR PROPERTY LOCATED AT 1845 OAK ROAD;
AND ADOPTION OF A MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING AND
REPORTING PROGRAM
W
HEREAS, pursuant to the provisions of the Simi Valley Municipal Code (SVMC) Title 9 -73, the applicant, City Ventures Homebuilding, LLC, has requested approval of a Zone Change (Z -S-2022-0003) for a 3.61- acre site located at 1845 Oak Road, known as Ventura County Assessor Parcel Nos. 637-0- 140-120, -430, -445, and -730 and by the legal description attached hereto as Exhibit A, for the purpose of changing the Zoning Map from Commercial Planned Development (CPD) and Residential Medium Density (RM) to Reside ntial High Density (RH); and adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and W
HEREAS, on August 21, 2024, the Planning Commission of the City of Simi Valley reviewed proposed changes at a public hearing and recommended that the City Council approve the changes; and
W
HEREAS, 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
W
HEREAS, the City completed its review and scheduled a public hearing regarding the proposed Project before the City Council for October 7, 2024. Notice of the public hearing on the proposed project was posted as required by the SVMC; and W
HEREAS, on October 7, 2024, the City Council conducted a public hearing to consider the Project including, without limitation, this Ordinance; and, W
HEREAS, this Ordinance and its findings, are based upon the entire administrative record considered during the October 7, 2024 public hearing including, but without limitation, the staff report and accompanying documents.
NO
W, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES ORDAIN AS FOLLOWS:
SECTION 1. The findings for Zone Change No. Z-S-2022-0003 contained in the Planning Commission Resolution dated August 21, 2024, and incorporated herein by reference, are hereby adopted.
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SECTION 2. Environmental Assessment. Because of the facts set forth in Section 1, the Director completed an Initial Study for Z -S-2022-0003. Thereafter, the Director prepared a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) (Attachment A) in accordance with CEQA Guidelines 15063, which is incorporated by reference. The MND and MMR P are adopted and the Director is authorized to file a Notice of Determination in accordance with CEQA Guidelines 15075 and any other applicable law.
SECTION 3. Pursuant to SVMC §9 -20-030 and §9-73, Zone Change No.
Z-S-2022-0003 amending the Zoning Designation from Commercial Planned Development (CPD) and Residential Medium Density (RM) to Residential High Density (RH) for a 3.61-acre site located at 1845 Oak Road, as contained in Exhibit B, attached hereto is hereby approved.
SECTION 4. Validity of Previous Code Sections. If the entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal of the SVMC or other regulation by this Ordinance will be rendered void and cause such SVMC provision or other regulation to remain in full force and effect for all purposes.
SECTION 5. Limitations. The City Council’s analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are limitations on the City’s ability to solve what are in effect regional, state and National problems and issues.
The City must work within the political framework within which it exists and with the limitations inherent in that framework.
SECTION 6. Preservation. Repeal or amendment of any previous SVMC Sections does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.
SECTION 7. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provision or application and, to this end, the provisions of this Ordinance are severable.
SECTION 8. Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record.
The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.
SECTION 9. Publication. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Simi Valley’s book of original ordinances; make a note of the passage and adoption in the records of this 3 ORD. NO. 1360
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meeting; and, within 10 days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.
SECTION 10. Incompatible Provisions. To the extent of any provision of this ordinance is incompatible with or at variance with any prior adopted ordinance or resolution, the provisions of this Ordinance shall take precedence.
SECTION 11 . The City Clerk shall cause this Ordinance or a summary hereof to be published in a newspaper of general circulation, published in the County of Ventura and circulated in the City, and if applicable, to be posted, in accordance with Section 36933 of the C alifornia Government Code; shall certify to the adoption of this ordinance and shall cause a certified copy of this Ordinance , together with proof of publication, to be filed in the Office of the Clerk of this City.
SECTION 12. This Ordinance will take effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day following its final passage.
PASSED and ADOPTED this 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
4 ORD. NO. 1360
EXHIBIT A
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LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SIMI VALLEY, COUNTY OF VENTURA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
PARCEL 3, IN THE CITY OF SIMI VALLEY, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGE 50 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL A1:
AN EASEMENT FOR INGRESS, EGRESS, ROAD AND UTILITY PURPOSES OVER THE EASTERLY 25 FEET OF PARCEL 2, IN THE CITY OF SIMI VALLEY, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGE 50 PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 637-0-140-430 AND APN: 637-0-140-445
PARCEL B:
THAT PORTION OF LOT L, IN THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 2 NORTH, RANGE 17 WEST, RANCHO SIMI, IN THE CITY OF SIMI VALLEY, COUNTY OF VENTURA, STATE OF CALIFORNIA, ACCORDING TO THE MAP RECORDED IN BOOK 5, PAGE 24 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER OF SECTION 8, BEING ALSO THE CENTERLINE OF LOS ANGELES AVENUE, 60 FEET WIDE, DISTANT ALONG SAID NORTHERLY LINE WEST 658 FEET FROM THE NORTHEASTERLY CORNER OF SAID SOUTHEAST QUARTER OF SE CTION 8, AT THE NORTHWESTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO WILLIAM F.
JESKE AND WIFE, RECORDED JANUARY 24, 1944 IN BOOK 684, PAGE 444, OF OFFICIAL RECORDS; THENCE ALONG THE WESTERLY LINE OF SAID LAST MENTIONED LAND SOUTH 330 FEET TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO EINAR BENHARD ARNESEN AND WIFE, RECORDED MAY 1, 1952 IN BOOK 1064, PAGE 7, OF OFFICIAL RECORDS; AND BEING THE TRUE POINT OF BEGINNING; THENCE
ALONG THE SOUTHERLY LINE OF SAID LAST MENTIONED LAND,
1ST: NORTH 89° 58' EAST 328 FEET TO THE SOUTHEASTERLY CORNER OF SAID LAST MENTIONED LAND; THENCE IN A DIRECT LINE,
2ND: SOUTH 125 FEET TO THE NORTHEASTERLY CORNER OF THE LAND DESCRIBED IN PARCEL 1 IN THE DEED TO ROBERT B. ELLIS AND WIFE, RECORDED DECEMBER 31, 1952 IN BOOK 1107, PAGE 304, OF OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 1,
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3RD: SOUTH 89° 58' WEST 328 FEET TO THE WESTERLY LINE OF SAID LAND OF WILLIAM F. JESKE; THENCE ALONG SAID WESTERLY LINE,
4TH: NORTH 125 FEET TO THE TRUE POINT OF BEGINNING
PARCEL B1:
A NON-EXCLUSIVE EASEMENT FOR ROAD PURPOSES, OVER THAT PORTION OF LOT 1, IN THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 2 NORTH, RANGE 17 WEST
RANCHO SIMI, IN THE CITY OF SIMI VALLEY, ACCORDING TO THE MAP RECORDED IN BOOK 5, PAGE 24 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
A STRIP OF LAND 50 FEET IN WIDTH LYING WESTERLY OF AND ADJOINING THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER OF SECTION 8, BEING ALSO THE CENTERLINE OF LOS ANGELES AVENUE, 60 FEET WIDE, DISTANT ALONG SAID NORTHERLY LINE SOUTH 89° 58' WEST 330 FEET FROM THE NORTHEASTERLY CORNER OF SAID SOUTHEAST QUARTER OF SECTION 8, AT THE NORTHWESTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO HARVEY W.
GILBERT AND WIFE, RECORDED NOVEMBER 13, 1952 IN BOOK 1098, PAGE 434, OF OFFICIAL RECORDS; THENCE ALONG THE WESTERLY LINE AND PROLONGATION
THEREOF,
1ST: SOUTH 330 FEET.
EXCEPT THAT PORTION THEREOF LYING WITHIN SAID LOS ANGELES AVENUE.
APN: 637-0-140-120
PARCEL C:
THOSE PORTIONS OF PARCEL 2, IN THE CITY OF SIMI VALLEY, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGE 50 OF PARCEL MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS SHOWN AND DESCRIBED AS PARCEL B ON LOT LINE ADJUSTMENT LA 04 -08, RECORDED MARCH 1, 2005, AS DOCUMENT NO. 20050301-0050920, OF OFFICIAL RECORDS.
APN: 637-0-140-730
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EXHIBIT B
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Zone Change No. Z-S-2022-0003
A Zone Change from Commercial Planned Development (CPD) and Residential Medium Density (RM) to Residential High Density (RH), as described as follows:
1845 Oak Road
APN: 637-0-140-120; -430; -445; -730
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