Simi Valley City Council
April 7, 2025

AppealCCmtg4-7-25(klk)

CITY OF SIMI VALLEY

MEMORANDUM
Apri
l 7, 2025
TO: City
Council
FRO
M: Department of Environmental Services
SUBJE
CT: A PUBLIC HEARING TO CONSIDER AN APPEAL (CUP-S-2025-0004) OF THE PLANNING COMMISSION’S DECISION TO APPROVE
CONDITIONAL USE PERMIT NO. CUP-S-2023-0011, A REQUEST TO CONSTRUCT A 24,290 SQUARE FOOT INDUSTRIAL BUILDING WITH ACCOMPANYING OUTDOOR STORAGE ON A 3.84 ACRE VACANT
PARCEL; LOCATED NORTH OF 875 COCHRAN STREET AND
APPROXIMATELY 500 FEET WEST OF FIRST STREET ; A

DETERMINATION THAT THE PROJECT IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND ADOPTION OF A

RESOLUTION

STAFF RECOMMENDATION
It
is recommended that the City Council open a public hearing to consider the timely appeal of a January 22, 2025, Planning Commission decision to issue CUP-S-2023-0011.

After considering the evidence submitted during the public hearing, the City Council should consider adopting the attached Resolution No. 2025-08 (page 8) denying the Appeal and upholding the Planning Commission’s decision, including a determination that the project is exempt from the California Environmental Quality Act.

BACKGROUND AND OVERVIEW
On F
ebruary 4, 2025, Doug Felbinger, on behalf of Cochran Properties (the “Appellant”), appealed the Planning Commission’s decision on January 22, 2025, to approve CUP-S- 2023-0011 by adopting Resolution No. SVPC 03 -2025 (the “PC Decision”). The PC Decision, if upheld, would allow CoolIt Rentals (the “Applicant”) to construct a 24,290- square-foot industrial building with accompanying outdoor storage on a 3.84-acre lot (the “Project”) near 875 Cochran Street and west of First Street. The Appellant timely filed an appeal (the “Appeal”) arguing that the Project plans infringe on its property rights within the Western Easement Area ( the “Easement”). A copy of the Appeal is included as Attachment A (page 12).

In su
m, the Appeal makes the following arguments:

1. The Appel
lant holds a recorded easement granting rights of ingress, egress, and maintenance of landscaping and encroachments, which were established in 2017 (the “Easement”).

2. The Ci
ty improperly involved itself by requiring the inclusion of the Easement in the Project plans.

AGENDA ITEM NO.

5A

3. The Easement allows for roadway construction and maintenance of existing improvements, and any interference with these rights entitles the Appellant to compensatory damages.

4. The proposed Project plans interfere with the Appellant’s easement rights by removing parking and landscaping, which is prohibited by the Easement Agreement.

5. The Planning Commission’s findings to grant the CUP were incorrect and lacked factual support, violating Environmental Services Condition A-4.

6. The Project impacts aesthetics and is incompatible with the Appellant’s easement, planting large trees and creating mixed ownership within planters.

7. T he Planning Commission should have imposed conditions to protect the Appellant’s property rights.

The Applicant provided a response to the Appeal as set forth in Attachment B (page 139).

The basis for the Planning Commission’s (PC) Decision is included with the staff reports and meeting minutes from the January 22, 2025, meeting that are included as Exhibit 1.

FINDINGS AND ALTERNATIVES

JURISDICTION AND ROLE OF THE CITY COUNCIL
Quasi-judicial: In considering the Appeal , the City Council acts in a quasi -judicial role.

While doing so, the City Council applies facts gathered during a public hearing to existing law. The City Council can only consider facts that are relevant to the case. A party appearing before the legislative body is entitled to:

• Notice of the proposed action;
• Reasons for the action;
• A copy of the evidence on which the action is based; and • The right to respond before a reasonably impartial, noninvolved reviewer.

In the matter of the Appeal, the City Council must adopt findings in compliance with the Simi Valley Municipal Code (SVMC) § 9-52.070 (findings for Conditional Use Permits).

APPELLANT’S STATED GROUNDS FOR APPEAL AND STAFF ANALYSIS A review of the Appeal , based upon the administrative record at the time of writing this Staff Report, shows that the PC Decision was supported by substantial evidence. The Appeal does not provide new evidence that would challenge the PC Decision.

Consequently, the draft resolution, if adopted, would uphold the PC Decision and deny the appeal.

2 In sum, the Appellant seeks the City Council’s intervention in its dispute with the Applicant.

The Appellant’s dispute over specific easement rights is a civil matter and outside the scope of the approval of a Conditional Use Permit and review by the City Council. Refer to the City Attorney’s letter dated January 20, 2025 (“Exhibit 5” of the January 22, 2025, staff report packet in Exhibit 1, page 145). Understanding this position, the responses to the Appeal’s assertions follow:

1. The Easement is recorded and speaks for itself.

2. The portion of the property burdened by the Easement is part of the legal lot and must be included in the Project scope. The Project’s site and civil plans must show all existing and/or proposed easements on the site and within 100 feet of the property. A current title report and underlying documents are required as part of the submittal.

3. As a practical matter, it is unclear how t he Project would interfere with “pedestrian and vehicular access, ingress, egress, use and enjoyment .” Parking for the Appellant would still be provided within the Easement. The access driveway meets and exceeds the minimum 25- foot width standard required by SVMC § 9-34.080. The Project is a proposal for private development; it is not a public project. Accordingly, any question regarding compensation is one to be determined by the Applicant and Appellant – not the City.

4. See responses to #1 and #3.

5. The record speaks for itself. There is substantial evidence in the record to support the Planning Commission’s determination.

6. This appears to be a legal argument between the two Easement owners. It is not a matter for consideration by the City.

7. There is no legal requirement that the Planning Commission impose special conditions related to property rights. Those are protected as a matter of California law.

ENVIRONMENTAL REVIEW AND CEQA REQUIREMENTS

The Planning Commission adopted a Notice of Exemption (NOE) on January 22, 2025 (Refer to Exhibit 1).

APPLICABLE PROVISIONS OF THE SVMC AND WEST END SPECIFIC PLAN The SVMC regulates parking, drive aisles, and signage requirements , among other standards. The W est End Specific Plan (WESP) and SVMC regulate landscaping requirements, among other standards. As part of the Planning Commission’s review and approval of the Project, compliance with the WESP and SVMC were met (Refer to Exhibit 1).

Based on the statements and responses, Staff finds that there is no merit for the appeal.

The Project was analyzed for compliance with the applicable codes. Private disputes over 3 specific easement rights and uses do not override the City’s authority to grant the CUP, as the underlying purpose of the Easement for access is maintained.

The following alternatives are available to the City Council:

1. Adopt a resolution denying the appeal and upholding the Planning Commission’s approval of CUP-S-2023-0011;

2. Direct staff to return to the City Council with a resolution upholding the appeal in whole to deny CUP -S-2023-0011 or uphold the appeal in part and provide appropriate direction; or

3. Provide other direction to staff.

Staff recommends Alternative No. 1.

SUGGESTED CITY COUNCIL MOTION

I move to adopt a resolution denying the appeal, upholding the Planning Commission’s approval of CUP-S-2023-0011, and the determination that the Project is exempt from the California Environmental Quality Act.

SUMMARY

The Appellant, Cochran Properties , is appealing the January 22, 2025 decision of the Planning Commission to approve CUP -S-2023-0011, to construct a 24,290- square-foot industrial building with accompanying outdoor storage on a 3.84-acre lot. The Appellant, which is the neighbor to the west, argues that the plans infringe on its recorded easement rights within the Western Easement Area (“Easement”). Staff reviewed the Project for conformance with the applicable Simi Valley Municipal Code and West End Specific Plan development standards, and the Planning Commission approved the Project. The Easement is not a factor in considering the Project for approval, as the rights within the Easement are a civil matter. Staff recommends that the City Council adopt a resolution denying the appeal and upholding the Planning Commission’s approval of CUP -S-2023- 0011.

____________________________________
Stratis Perros
Environmental Services Director

Prepared by: Zarui Chaparyan, Associate Planner

INDEX Page

Public Hearing Procedure .............................................................................................. 5 Resolution No. 2025-08 Denying the Appeal and Upholding the Approval of CUP-S-2023-0011 .......................................................................................................... 8 Attachment A – Appeal Application .............................................................................. 12 Attachment B – Applicant Response, February 18, 2025 ........................................... 139 Exhibit 1 – January 22, 2025 Planning Commission Staff Report Packet and Draft Minutes ............................................................................................ 145 4 PUBLIC HEARING PROCEDURE

HEARING DATE: April 7, 2025

1. CITY CLERK: This is the time and place set for a public hearing to consider an appeal (CUP-S-2025-0004) filed by Cochran Properties, LLC on the decision of the Planning Commission to approve Conditional Use Permit CUP -S-2023-0011, to construct a 24,290-square-foot industrial building with accompanying outdoor storage on a 3.84- acre lot, located north of 875 Cochran Street and 600 feet west from First Street , a
determination that the project is exempt for the California Environmental Quality Act; and adoption of a resolution.

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: Does the Appellant wish to be heard on this matter?

8. APPELLANT: (Comments)

9. MAYOR: At this time I would like to open the hearing for the Applicant and anyone in the City Council Chambers wishing to be heard on this matter.

10. Does the Applicant for the project wish to be heard on this matter?

11. APPLICANT: (Comments)

12. MAYOR: Do any members of the public in the audience wish to be heard on the matter?

13. AUDIENCE: Public Testimony and Comments

14. MAYOR: Does staff desire to respond to any comments or issues raised?
5 15. STAFF: (Response to comments and additional City Council questions)

16. MAYOR: Does the Appellant desire any rebuttal?

17. APPELLANT: (Rebuttal)

18. MAYOR: Does the Applicant for the project desire any rebuttal?

19. APPLICANT: (Rebuttal)

20. MAYOR: The hearing is now closed.

21. 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.)

22. MAYOR: I will now entertain a motion.

23. ANY COUNCIL
MEMBER: ( If the appeal from the decision of the Planning Commission is to be denied, thereby approving CUP-S-2023-0011):

(1) I move adoption of Resolution No. 2025-08 denying the appeal, thereby upholding the decision of the Planning
Commission to approve CUP -S-2023-0011, and a
determination that the project is exempt from the
California Environmental Quality Act. (Requires a
second and a vote; requires a reading of resolution).

or

(If the appeal from the Planning Commission decision is to be upheld, in its entirety, thereby denying CUP-S-2023-0011):

(2) I move to direct staff to return with a resolution upholding the appeal and denying CUP-S-2025-0004.
(Requires a second and a vote)

* Any action to refer the matter back to the Planning
Commission or staff, or continue the matter, requires a second and a vote.

24. ANY COUNCIL
MEMBER : Second

25. MAYOR: (Call for vote)

6 26. MAYOR: Proceed to the next item.
7 RESOLUTION NO. 2025-08

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SIMI VALLEY DENYING AN APPEAL (CUP -S-2025-0004)
AND UPHOLDING THE PLANNING COMMISSION’S
DECISION TO APPROVE CONDITIONAL USE PERMIT NO.

CUP-S-2023-0011, A REQUEST TO CONSTRUCT A 24,290

SQUARE FOOT INDUSTRIAL BUILDING WITH
ACCOMPANYING OUTDOOR STORAGE ON A 3.84 ACRE
VACANT PARCEL; LOCATED NORTH OF 875 COCHRAN
STREET AND APPROXIMATELY 600 FEET WEST OF
FIRST STREET; AND A DETERMINATION THAT THE

PROJECT IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT

The City Council of the City of Simi Valley does resolve as follows:

SECTION 1. The City Council finds as follows:

A. On January 22, 2025, the Planning Commission adopted Resolution No.

SVPC 03 -2025 which approved CUP -S-2023-0011 for a project located North of 875 Cochran Street and approximately 600 feet West of First Street (the “PC Decision”).

B. On February 4, 2025, Cochran Properties, LLC (the “Appellant”) timely appealed the PC Decision (the “Appeal”).

C. Pursuant to Simi Valley Municipal Code (“SVMC”) § 9- 76.060, the City Council held a public hearing on April 7, 2025, to consider the Appeal.

D. The SVMC does not require the Appeal to be considered de novo.

Accordingly, the City Council may rely upon the entirety of the administrative record, including the findings made by the PC Decision , to render a decision.

E. This Resolution and its findings are made based upon the evidence presented to the City Council at its April 7, 2025, hearing, including, without limitation, the staff report submitted by the Director.

SECTION 2 . Factual Findings and Conclusions . Based upon the entirety of the administrative record and the evidence provided during the April 7, 2025, public hearing, the City Council finds as follows:

A. The PC Decision accurately describes the factual circumstances and substantial evidence upon which the Planning Commission relied to approve CUP-S-2023-0011. Accordingly, the City Council incorporates the findings and conclusions of Resolution No. SVPC 03-2025 in their entirety as if fully set forth herein.
8 B. The Appeal asserts as follows:

i. The Appellant holds a recorded easement granting rights of ingress, egress, and maintenance of landscaping and
encroachments, which were established in 2017.

ii. That easement allows for roadway construction and maintenance of existing improvements, and any interference with these rights entitles the appellant to compensatory damages.

iii. If implemented, the development plans approved as part of the PC Decision infringe on the Appellant’s recorded easement rights.

iv. The PC Decision was incorrect and lacked factual support, violating Environmental Services Condition A-4.

v. The PC Decision disregards the Appellant’s easement rights, which were known to the Planning Commission.

vi. The Planning Commission should have imposed conditions to protect Appellant’s easement rights.

vii. The Appellant requests that the City Council either approve the CUP with conditions to protect the easement or refer the application back to the Planning Commission for further review.

SECTION 3: Environmental Review. This matter was reviewed in accordance with the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the “CEQA Guidelines”). The CEQA determination in Section 3 of the PC Decision is incorporated by reference as if fully set forth herein.

SECTION 4: Determination. In accordance with SVMC § 9-76.060, and based upon the Findings and Conclusions set forth in Section 2, the City Council renders the following determinations:

A. The PC Decision meets the requirements of the SVMC as to issuing a Conditional Use Permit (“CUP”).

B. The Appeal does not introduce new facts that would invalidate the PC Decision.

C. The Appellant’s legal arguments as to its individual property rights are outside the subject -matter jurisdiction of the City Council. Those may only be determined by a court of competent jurisdiction.

D. The Appeal is denied and the PC Decision is upheld.
9 SECTION 5. Reliance on Record. Each and every one of the findings and determinations 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 6. Summaries of Information. All summaries of information in the findings which precede this section, are based on 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 7. Notice. The City Clerk is directed to provide a copy of this Resolution to the Planning Commission, the Appellant, and to any other person requesting a copy.

SECTION 8. Effective Date. This Resolution becomes effective immediately upon adoption and memorializes the City Council’s final decision made on April 7, 2025. Note that persons dissatisfied with the City Council’s decision may appeal it in accordance with applicable law to the Ventura County Superior Court within 90 days of the City Council’s decision in accordance with Code of Civil Procedure § 1094.6.

SECTION 9. 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 projections. Somewhat related to this are the limitations for 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.

10 The City Clerk will certify to the adoption of this resolution and cause a certified resolution to be filed in the Office of the City Clerk.

PASSED and ADOPTED this 7th day of April 2025.

Attest:

Lucy Blanco, City Clerk Dee Dee Cavanaugh, 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 Director
11 TO: City Council, City Hall
City of Simi VaDey, 2929 Tapo Canyon Road
Simi Valley, California 93063
APPEAL
Name of Appellant Cochran Properties, a California Limited Partnership Address of Appellant Cochran Properties, P .0. Box 4867. Chatsworth, CA _ 202- FEB 4. H, 11. :43c.t ' OF srFL er ? c, cpK
Received by City Clerk's Office
Telephone No. of Appellant 818-419-3234 Case No. CUP-S-2023-0011 In accordance with the provisions of law, I hereby appeal the decision of the Planning Commission on January 22 , 20 25. The decision was as follows: _T'""'o:;...,.aq,_ra=n'""'ta..-______ _ Conditional Use Permit CUP-S-2023-0011
The specific grounds of appeal are as follows (Give applicable Code Sections and relevant facts to support each ground of appeal):

Please see attached brief.

Iii I D We request that the City Council take the following action:

Please see attached brief.

Is the appellant the applicant? _N_o _____ _
�� 02/03125
By: Pooja S. Nair, Esq. I Attorneys for Cochran Properties LLC (Date) By: (Date) AU sections of lhls roon must be com pleted by lhe appellant and filed � the City Clerk's Office ot the Ci lY al Silri Valley no1 l8!ef than 5:00 p.rn on the below Indicated number of calendar days" Blier the date of decision by the Planning Corrmisslon (SVMC Se::. 9-76.060). The Clerk shall lo!ward a copy al this appeal to eadl member of the Cify Comal, the City Manager, the City At!Drney, and the Director al Environmental Services. •15 !lm.,for" T11Te Extensions to Tentative Maps (Go.I Code§ 66463.5) ·�Jor rme Extensions to Tentative Maps, Sign Pem11l Planned Development Perrrit. Special Use. Penm, Vari.nle, Sigl Verierce, Modification Permit, Revocation of PemlH. Cluster Development l'emlil and Civic Center Pemtil ·�tor Land Divislons and Tentalive Tl'llds (Must be heardwiltin 30 days from dale &1JP8111 s filed.) ·�u General Plans, Specific Plans, amertdmel its thereof, mne manges, and pre..mning in mtldpation al annexation.

This appeal l'lill be heard on the date scheduled below or as soon lheleafter as lhe matter rrey be he9rd, as delemllned by the City Col.alcil Testitraly Ml be taken, and failure of the appellant or his representative to present evidence may be C8U9e otdenal. No new irdu,,ditw, ot ra:ts m,q be raised at an appeal which l,t,en.! nd raised at the prior hearing.

Date and time ofschedued City Council IU)lic hearing: ______________________ Fee: ___ _ Rev. 11/14

ATTACHMENT A
12 COCHRAN PROPERTIES, A CALIFORNIA LIMITED PARTNERSHIP'S APPEAL TO CITY COUNCIL RE: CUP-S-2023-0011 - City Council Hearing: __ I. INTRODUCTION

MEMORANDUM OF LAW
Cochran Properties, a California Limited Partnership ("Appellant") appeals from the Planning Commission's January 22, 2025 decision to grant Conditional Use Permit CUP-S-2023- 0011 because the plans submitted by applicant CooJit Rentals ("Applicant") infringe on Appellant's recorded easement rights.

Simi Valley Municipal Code, §1-4.01 provides: "No rule, regulation, or policy shall deny the right to an appeal if the subject of the appeal involves a vested right." Here, Appellant is the owner of the dominant tenement of a recorded Access Easement and First Amendment. The CUP at issue involves plans that would construct improvements within the Access Easement as well as remove Appellant's parking and landscaping, and thereby prevent Appellant from building a future roadway across the Access Easement.

Notably, this project did not, nor do they need to, interfere with Appellant's property rights. Rather than functioning as a neutral third party, the City of Simi Valley incited this dispute by forcing Applicant to include Appellant's Access Easement in his project. Upon information and belief, as Applicant was creating the plans and working with the City planning staff on the CUP application, the City staff approached Applicant and required that it include the Access Easement in the plans and destroy Appellant's existing parking and landscaping.

Additionally, City staff approached Applicant and stated that they wanted to include a freeway sign for the Auto Center in Appellant's Access Easement, without providing any specifics about the size of the sign or how it could interfere with the Access Easement. This sign was thereafter included in the plans submitted along with the CUP, with no further details.

Appellant's principal, Doug Felbinger stated on the record during the January 22 hearing that Applicant told him that he was coerced into violating Appellant's property rights in order for the city planning staff to approve his project. However, no member of the Planning Commission asked a question about or discussed the coercion.

City staff have been directly involved in influencing the plans submitted by Applicant, which unnecessarily, and by design, impede Appellant's use of its dominant Access Easement.

City staff required that the Applicant submit plans that impeded on Appellant's recorded easement rights. The project did not require that these rights be impeded-with minor changes, the project can go forward while protecting Appellant's property rights. The City's direct involvement, not any effort by Applicant, mandated that the project as submitted would interfere with Appellant's property rights. When Appellant raised this concern at the Planning Commission meeting, the City Attorney instructed Planning Commissioners not to consider Appel1ant's easement rights in determining whether to approve the CUP.

Specifically, during the Commission meeting, the City Attorney insisted that the Planning Commission could not discuss the topic of the easement. His argument ultimately came down to I
13 his assertion that the City would be defended and indemnified by the Applicant in any action regarding the project or the Appellant's Access Easement. 1 This is an argument as to the legal and economic risks to the City, but it does not relieve the Commission from basing their decisions on the merits and substance of the easement documents which were part of the submitted plans. For example, Commissioner Ivana Meyer stated, "I hate seeing the non­ agreement on it. I really feel like both sides are very passionate about that and I just can't, we can't discuss it. Otherwise I would discuss it to death, but that's not my position here. I can't do it. Otherwise I'm going to get slapped. So I also like the project. I hate the disagreement like Commissioner Lee. l really wish that maybe not us but maybe the City can help find a way for you guys to agree on everything or anything. "2
The City Council's immediate action in this case is required to correct an injustice.

Forcing Appellant to spend the legal fees for a judicial determination on a clear, recorded easement right that was identified on the plans submitted in support of the CUP sets up an unconstitutional property taking, and creates a perverse and unethical incentive for City staff to authorize, and in this circumstance, require Applicant to impede the property rights of Appellant, and then refuse to consider these rights in granting the CUP application.

Appellant requests that the City Council either (1) approve the CUP application with the condition that no construction of any kind taJce place within the Access Easement with the exception of asphalt paving on the eastern side of the easement to tie the project into the driveway, and no alterations are permitted to Appellant's encroachments or (2) refer back this CUP Application to the Planning Commission for further review to request a resubmittal of plans in manner that does not impede Appellant's property rights on the Access Easement.

II. APPELLANT'S RECORDED EASEMENT RIGHTS
Appellant has a recorded easement granting to it rights of ingress and egress over the Access Easement, and the right to maintain landscaping and encroachments of improvements, including parking spaces, onto the Access Easement as they existed as of the date the Easement Amendment was recorded, November 7, 2017. The Access Easement is not just the simple provision of access over Parcel C-it is a provision of access and other rights over a specific area of land delineated by a legal description. The owners of Parcel C have "the right to use the easement as long as the use does not interfere with or impede the superior right of enjoyment of the easement owner." Miller & Starr, 6 Cal. Real Est. § 15:65 (4th ed.). "When a person interferes with the use of an easement he deprives the easement's owner of a valuable property right and the owner is entitled to compensatory damages." Moylan v. Dykes, 181 Cal. App. 3d 561, 574 (1986), citing 3 Miller & Starr,§ 18:58, p. 370. "An easement is a nonpossessory restricted right to a specific use or activity on the land of another. In this case, the easement is a permanent, perpetual right that is imposed on the servient land to benefit the dominant tenement land." 6 Cal. Real Est. § 15:5.
1 Planning Commission Meeting, City of Simi Valley,
https://www.voutube.com/watch?v=oec T9CUncuw at 1 :39-1 :40. 2 Id at l :42-1 :44.
2 14
The original 1988 easement (Exhibit 1) provides Appellant with broad rights that run with its land. Specifically, it states: "Grantor hereby grants, to and for the benefit of the Leased Land [Parcel l ], and each and every present or future owner of any interest in the Leased Land, including but not limited to Grantee and each of their respective tenants, subtenants and invitees, a perpetual non-exclusive easement for roadway purposes and for pedestrian and vehicular access, ingress, egress, use and enjoyment, together with aH necessary rights and support and slope easements incidental thereto, in, to, over, upon, across and through that portion of the Undeveloped Land described on Exhibit C ("Access Easement'').

As owner of the dominant tenement, Applicant is entitled to use the entire Access Easement for roadway purposes, and for access, ingress, egress, use and enjoyment. Applicant is not limited to only the existing configuration of the road, particularly as Applicant's parcel is still undeveloped. In other words, as development takes place and needs change over time, the dominant owner can use the entire Access Easement to construct a road. The access easement area is larger than the existing roadway, and a future development may and probably will want to exercise the right to relocate the road within the access easement. The case law is clear that the roadway easement is within the entire Access Easement, not only where the current road is located. Heath v. Kettenhofen, 236 Cal. App. 2d 197, 205-06 (Ct. App. 1965) Appellant purchased Parcel l from the Simi Valley Unified School District (the "School District") on November 7, 2017, at which time the School District also owned Parcel C. As part of that purchase, the School District and Appellant recorded a First Amendment to the Easement Agreement (Exhibit 2), which provides in Paragraph 3(c):
"Notwithstanding anything in the Easement Agreement or this First Amendment, including, without limitation, Paragraph 1 of this First Amendment, to the contrary, Grantee shall have the following rights, for the benefit of Parcel I and all future owners of Parcel l, with respect to the use of the Access Easement: (a) to maintain landscaping and related irrigation devices on the western side of the Access Easement adjacent to Parcel 1 to the extent originally required by the City of Simi Valley, California as a condition to granting entitlements for the development of the improvements on Parcel I, provided, Grantee shall be responsible to maintain such landscaping and irrigation devices at all times at its sole cost and expense, notwithstanding any alternative allocation of Maintenance Expenses ... (c) to maintain any encroachments of improvements from Parcel 1 onto the Access Easement as existing on the date hereof, including, without limitation, any parking spaces or parking areas." Both the dominant and servient tenements to an easement have the right to insist that so long as the easement is enjoyed it shall remain substantially the same as it was at the time the right accrued, entirely regardless of the question as to the relative benefit and damage that would ensue to the parties by reason of a change in the mode and manner of its enjoyment. Pear v. City and County of San Francisco, 281 Cal.Rptr.3d 84 l. &e also JCCrandall, LLC v. Cnty. of Santa Barbara, 107 Cal. App. 5th 1135 (2025), quoting Whalen v. Ruiz (1953) 40 Cal.2d 294,302,253 P.2d 457 ("For as long as an easement is enjoyed, its mode and manner of use shall remain substantially the same as it was at the time the easement was created.") Therefore, Appellant has the clear right, via both the Access Easement and the Easement Amendment to build a roadway through the entire Access Easement and to maintain Appellant's 3 15
landscaping and parking that have been in place since the First Amendment in November 2017.

Appellant's rights were negotiated with the Simi Valley School District in 2017 when the First Amendment was recorded.

III. THE CONDITIONAL USE PERMIT VIOLATES APPELLANT'S RIGHTS UNDERTH ER ECORDED EASEMENTAND EASEMENTAMENDMEN�AND

THE FINDINGS UNDERLYI NG TH E CONDITI ON AL USE PERMIT ARE NOT

SUPPORTABLE
The proposed development plans submitted to the City of Simi Valley by the Applicant call for the construction of car chargers, construction of parking lot light poles, realignment of planter curbs, construction of a finger planter, construction of a monument, removal of a number of parking spaces, removal of some trees and removal of all other landscaping currently maintained by Appellant in the Easement area. That removal substantially interferes with Appellant's right to such parking and landscaping in the Easement area and therefore is prohibited by the Easement Agreement and by law.

The Simi Valley Planning Commission website states: "[t]he Planning Commission is empowered to review and approve a wide variety of planning applications and makes recommendations to the City Council on zone changes, General Plan Amendments and other matters."3 The Planning Commission had an obligation to review the entirety of the planning application submitted, which includes a tract map identifying the easement belonging to Appellant.

Simi Valley Municipal Code §9-52.070 states: "Conditional use permits (a) are subject to site plan and design review and may be conditioned at the time of approval; and (b) shall be disapproved when found to be incompatible with surrounding uses, or may be properly conditioned in order to be approved."
Municipal Code §9-52.070(E) specifies the required findings which the Planning Commission must make in order to approve an application for a CUP, which include: (1) The proposed use is allowed with a Conditional Use Permit within the applicable zoning district or with an Administrative Use Permit as identified in Subsection E (Administrative Use Permits), above, and complies with all applicable provisions of this Development Code; (2) The proposed use is consistent with the purpose, intent, goals, policies, programs, and land use designations of the General Plan and any applicable specific plan; (3) The proposed site plan and design would ensure consistency with applicable design guidelines; (4) The design, location, operating characteristics, and size of the proposed use would be compatible with the existing and future land uses in the vicinity, in terms of aesthetics, character, scale and view protection; and (5) The proper standards and conditions have been imposed which protect the public safety, health, and welfare.
commission.
4 16
Several of the Planning Commissions findings adopted in the Resolution to grant the CUP were incorrect, and were made without sufficient factual support:
• Most egregiously, Environmental Services ConditionsA-4 states, "Anything which is not shown on the application/plans, or which is not specifically approved, or which is not in compliance with this CUP, 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." Approving the project violates Environmental Services Conditions A-4. Under Condition A-4, the application should be deemed null and void because it constructs improvements within Applicant's Access Easement area and removes allowed encroachments under the Easement Amendment.
• Section 2, Item E of the Resolution states, "The design, location, operating characteristics, and size of the proposed project will not have a significant impact on aesthetics and view protections of the site." Item G-4 of the Conditional Use Permit states, "The design, location operating characteristics, and size of the proposed use would be compatible with the existing and future land uses in the vicinity, in tenns of aesthetics, character, scale and view protection"- The proposed project has a significant impact on aesthetics and is not compatible with Appellant's recorded easement, plants Jarge trees with canopies overhanging on Appellant's roof, creates mixed ownership within the same planter, and creates an aesthetically odd situation with different types of landscaping. • Section 6 of the Resolution states, "Each and every one of the findings and determinations set forth in this resolution are based on competent and substantial evidence, both oral and written, contained in the entire record relating to the project."-This is false. The submitted plans do not conform with the recorded Access Easement as the plans show improvements constructed within the easement by the servient tenement that would hinder Appellant from ful1y utilizing the access easement. The plans do not conform with the recorded First Amendment because they allow for the destruction of Appellant's property, including parking spaces and landscaping, rightfully located in the Access Easement and owned by Appellant.
• The plan documents submitted by the Applicant are not consistent between themselves. For example, the location of the property line relative to Appellant's buildings is different on the Site Plan, Overall Site Plan, and Tree Map. • Figure 3 in the Staff Report (Exhibit 3) inaccurately illustrates the landscaping around the subject project, including the foreground, which would be on Applicant's property. Figure 5 in the Staff Report inaccurately illustrates the improvements within the access easement and the building's relationship to the freeway. These figures also fail to show the outside storage relative to the building, which is the whole reason this project is being processed as a CUP. 5 17
Additionally, Section 9-52.070(F) imbues the Planning Commission with the authority to "impose conditions (e.g., buffers, environmental protection, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, public infrastructure improvements, time limits, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Subsection G (Findings and decision), above." Despite this ability, the Commission did not impose any conditions to protect Appellant's easement rights.

IV. THE CITY AND PLANNING COMMISSION HAVE AN OBLIGATION TO

RESPECT PRIVATE PROPERTY RIGHTS IN APPROV ING CONDITIONAL

USE PERMITS
The Planning Commission's right to approve conditional use pennits is restricted by the City of Simi Valley's Development Code. The Development Code in turn is "enacted based on the authority vested in the City of Simi Valley by the State of California, including but not limited to: the State Constitution� the Planning and Zoning Law (Government Code Sections 6900 et seq.); the Subdivision Map Act (Government Code Sections 664 l O et seq.); California Environmental Quality Act (Public Resources Code Sections 21000 et seq.); and the California Health and Safety Code." Simi Valley Municipal Code §9-10.030.

Article I, Section 19 of the California Constitution provides: " Private property may be taken or damaged for a public use and only when just compensation, ascertained by a jury unless waived, has first been paid to, or into court for, the owner." In the Staff Report, the City takes the position that: "the concerns over the easement are a civil matter amongst neighbors." Similarly, at the January 22, 2025 hearing, the City Attorney instructed Planning Commission members not to consider Appellant's easement rights in ruling on the Conditional Use Permit, despite a majority of members stating that these rights presented a concern.

Appellant is the dominant owner of the recorded Access Easement. The Commission's decision to grant the CUP application authorizes the Applicant, the servient owner, to commence construction that would impede Appellant's use of its easement. It has no right to issue such a permit under these conditions. The City cannot authorize the servient owner to burden the dominant owner's easement rights.

Appellant strongly disagrees with the City Attorney's position, which was adopted by the Planning Commission at the public hearing. While it is true that a judicial forum may exist to determine the legal meaning of the Access Easement, this does not alJow the Planning Commission to ignore that they had actual and constructive notice of the Access Easement. The City Attorney's stated position would create a situation in which the private property rights of landowners and easement holders in the City of Simi Valley could be trampled by the Planning Commission, and their only remedy would be to spend hundreds of thousands of dollars in legal fees to receive a judicial determination of their rights.

The California Court of Appeal has explicitly rejected the City Attorney's reasoning in JCCrandall, LLC v. County �(Sana Barbara, a case published on January 3, 2025. There, the 6 18
Court found that Santa Barbara County's grant of a conditional use permit for the cultivation of cannabis, to which the owner of the servient tenement objected, was not proper because such a use would impede the servient tenement's easement rights, and because the use altered the scope of the existing easement.

The Court noted: "The County tries to distance itself from the dispute by claiming the use of a private easement is a matter between the dominant and servient landowners, and not the business of the County. But the County's LUDC requires that to grant a CUP the County must find: "Streets and highways are adequate and properly designed to carry the type and quantity of traffic generated by the proposed use." (LUDC, § 35.82.060, subd. (E)(l)(d).) It is undisputed that the easement is the only means of access to and from the proposed use. The proposed use is the cultivation and transportation of cannabis. If the easement is not available for the proposed use, then the streets and highways cannot be deemed adequate." JCCranda/1, LLC v. Cnty. of Santa Barbara, 107 CaJ. App. 5th 1135 (2025).

The Court held that the servient tenement owner: "JCCrandall cannot be forced to allow his property to be used to transport cannabis, because such use exceeds the scope of uses allowed under the easement. It is undisputed that in 1998, when the easement was created, cannabis was illegal under both California and federal law. It is also undisputed that from the time the easement was created it has been used for legal agricultural purposes. For as long as an easement is enjoyed, its mode and manner of use shall remain substantialJy the same as it was at the time the easement was created. (Whalen v. Ruiz (1953) 40 Cal.2d 294,302,253 P.2d 457.) The County argues the easement was used for agricultural purposes. But there is a vast difference between legal and illegal agricultural purposes.

Nor does the County point to any evidence that at the time the easement was created the parties intended that it would be used for an illegal purpose. Had the parties so intended, the easement would have been unenforceable. (See Baccouche v. Blankenship (2007) 154 Cal.App.4th 1551, 1557, 65 Cal.Rptr.3d 659 [assuming that, like a contract for an illegal purpose, an easement for an illegal purpose is void].) The scope of the easement does not include the illegal transport of cannabis. Civil Code section 1550.5, subdivision (b) cannot expand the scope of the easement to allow such use. A statute that authorizes the permanent physical invasion of the land of another is void as violating the Takings Clause of the Fifth Amendment to the United States Constitution. (Loretto v. Teleprompter Manhattan CATV Corp. (1982) 458 U.S. 419,426, 102 S.Ct. 3164, 73 L.Ed.2d 868)"
The principle in JCCrandall applies here-the Planning Commission cannot distance itself from the dispute by claiming that it is a private property dispute when it necessarily made findings that impede Appellant's easement rights. The project as submitted impedes the Access Easement, and changes the scope of the existing easement. The City Attorney's stated position that it is a private dispute is inconsistent with the findings of fact required to support the granting of the application.

Conditional use permits exist to ensure that the location of a proposed use is appropriate. "Only a person having a right to erect the structure or use the property in the manner for which a conditional use permit is sought is entitled to a permit." 6A Cal. Jur. 3d Zoning And Other Land Controls§ 412. This process "allows local land use officials to consider aspects of proposed 7 19
special uses such as their size, location, and design. as well as concerns from the public, before deciding whether the use would be appropriate and consistent with the intent of the zoning regulations."(§ 14:l. Special use permits, generally, 2 Am. Law. Zoning § 14:1 (5th ed.); see also Upton v. Gray (1969) 269 Cal.App.2d 352, 357 ["It permits the inclusion in the zoning pattern of uses considered by the legislative body to be essentially desirable to the community, but which because of the nature thereof or their concomitants (noise, traffic, congestion, effect on values, etc.), militate against their existence in every location in a zone, or in any location without restrictions tailored to fit the special problems which the uses present."].) Here, the Planning Commission had actual and constructive notice of Appellant's private property rights, which were included in the plans submitted to the City. (See Exhibit 3).

Appellant raised the issue of its easement rights multiple times with city staff before the plans were submitted. (See Exhibit 5). The Planning Commission, as directed by the City Attorney chose to turn a blind eye to these private property rights, and grant the application with no conditions.

V. CONCLUSION
Appellant requests that the City Council either (I) approve the CUP application with the condition that no construction of any kind take place within the Access Easement with the exception of asphalt paving on the eastern side of the easement to tie the project into the driveway, and no alterations are permitted to Appellant's encroachments or (2) refer back this CUP Application to the Planning Commission for further review to request a resubmittal of plans in manner that does not impede Appellant's property rights on the Access Easement.

Respectfully submitted on behalf ofCUP-S-2023-0011 Appellant Cochran Properties, a California Limited Partnership , on February 3, 2025, for Hearing on Appeal before the Simi Valley City Council.

Pooja S. Nair, Esq. (SBN: 281972)

ERVIN COHEN & JESSUP LLP
9401 Wilshire Boulevard, Twelfth Floor
Beverly Hills, California 90212-2974
Telephone: (310) 273-6333
Facsimile: (310) 859-2325
By: Isl Poo;a S. Nair
Attorneys for Cochran Properties, a California
Limited Partnership
8 20

INDEX OF EXHIBITS
Exhibit Number Document
1 1988 Easement
2 2017 Easement Amendment
3 Coollt Rentals Submitted Plans
4 Initial Staff Report
5 Suoolement to A�enda Item
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EXHIBIT 1
EXHIBIT 1
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·~ lT lllllMIT CM
MST AMERICA){ TIJII: INS. a,...n . aecor4in.g Requeste4 By aM · · :
taJen Reeorde4 Retu-ra to
Brvin, Cohen I JeHup
9C0l Wilshire Blvd.
•iDth floor S..r1y Biller CA 90212
Attns Lee Sllverr llllq.

B8-047'M8
RecoE"ded
Official Record•
County at
Ventura
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: 'Rec Fee
I Ct,eck
lU chard o. Dean
Recorder
8:01a• 12-Aprft88 ce 1e: '
GIWft' 01' !'.ASUSNT AJ1D AGBfDlllft' OF.
cofi:iiMifs, cOimiT::tois lib iitiiieti&S
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Thia Grant of laaeunt and Agrnunt of~"
Conditions ud Reatrictlooa (•&gre ... nt•) l• &lft u of tbia 15th day of Ntrdl , 1988 bJ' and betVMtt the 91.al V•ll•i7fii'ified ~ool fil•ld-ct .(11Grantm•J. Cochran 'itrOP.trt.iea, a C,al.J.fornia 11a!.tad parbUtrabip 1 •r.rant:ee•) aad; Rio· Boiiao, Inc .. , a ~1ifoui1a coq,oratioa (-aio aoado:') witb rerermu:• to the following faottu · ~ · · ·
~ .

A. Graatar 1• tbe owner :of that ~tain rul property
dffcribed on Exbibit A (th• •t.eultd LamJ•)• · .
c. By tbat c:ert&in unrecorded .,..,.l.opatnt · Groumt LdJlc dated aa of April; 3, ll14, t1•t-H 1•) • abort fora ..-,randaa of whl.ch ••• :ecor4ad on Apd11u, ua, in tb• office of tM V.ntui-a County -..cordar u ioatriaMnt Bo. 51512.! Crantor J.uUd the t.euecl Land to Rio Boado. '!he tera -X..u• 1• •ball refer to LIMIII• I togetber wl~ uy aa4 all ... ndaenta,: ntuaiou ao4 IIOdlfication■ thento. ! : . .
1>. 8Y tbat Clllrtalc &.dgnmaot of r.ue ..S..t.-1 ... of .

IIUcb 25, 1115 ud rwcorded '.on :April 1, .1115 in .t!MI etrfi~ of tbe Velltu.ra Couty a.corder =u. Iutruaut llo. Dl2JIS, aio Soe&la 111119nt4 itl 1nttttlta in tlle : 7:Mae to Grantn. ·,
£. Grote• bH c!evel~, or QUIN to' ~ develapad tu
!.eued Lucio j : . . . '
P. Bf th.at certain unracorded. Dl!Vt!lopi9nt GrOUlld LeaSe date4 o of .Au9UGt 7. 19 ■ 0 c•Lu■ e II•} Grantor: :1.....s tbe • I
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Dnr.leveloped Land to Rio Hondo •. 'l'be tez:a •.r.eue 11• abal.l refer to r.ea.se II together with any. ari4 all aaena.nta, ? uten■ iou and JIOdiflQtiona tMreto. [ · :

G. Grutn and. •1o Hon'do ·bave •d• or bU CIIUHd. to be
ude cart&iu i11p¥oveaaat• to or .for the benefit of tile D~veloped Land (the •I.Japroveeent••), inclwU.ng vltbout liaitation, .lutal.l.atlon of a 4r.iveway 1ocat.4 ·vl~n tha Accff1 E.ueant (u hereinafter :cleflne4) Wllicb prov14e ■ acceail to both tbe Le~ed Laud and tbe ,undeveloped. t.anc1.·: · ' I
l'l:>lf, 'l'SZREFORE. in cou.tderation ot the 1111tual coveDaDt• contained herein, tbe partie~ agrae u follon1

1. Grant of !a1ement. •
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:t. Termination of Lena II

3.1 ~• II is her~by terainated an4'tbe pi-tiff
b•reto hereby r•le-• ••Cb ot.ber froaa any aQII a1..1 cl.d.aa., duands and liability bllatd upor,i or uia1ag under. Luse II • .

Wlt.hoiit lilalt1~9 th• CJ•nerallty • of the foregoimJi Cr.ant.or . hltreby eqreuly relea111 :Grant1ee and Rio Hondo fraa mlf' rental or other 110net•ry oblll)atiGllll of any kind ba ■ ed upon or arl ■lng oat of tea,e II. . ,

3.2 Bacept for the ri9ht:J1 in and to tb1 .kcfla
1!:a1ement. and all other rights, . title and int•~eat in th■ .

IJndeveloped Land and the IJlprovnenta baaed uptJ11f crNted by or arhiq out o£ this avreemant:,. Grantee an4 tio. Rondo .bereby reaiae, reiuae and forev■ r F.tolalm unto Grantor all otber rights! title or in~•r•at wh1.ch _ Gran.tee ud,tio ""1do lligbt :
ot.benr.iae have in the Oodeveloped r.and or in anyvof the .

Improvaeats located upon the Undavel;Opld Land. ~Except u My be Hps;■Hly prov~ded by tbi• Agr~t. ao·warranty. or . · r1pr ■ a■ntation of: any kla4, ezi,r••• or implied, I ■ NiQg '. Ucle by Grantee or by Rio Jlondo •• to any ·x.prcwaaent• lnatalle4 or vcrk done on, to or tor the bttneflt of the Uaclevelopiacl Lan4, ·or u to uy otber matter, au rich repr■HntatJ.oo.a t and wrian- • ti••• iiaol11din9 but not lillited.' to, any rep.r ■ MDtatlOQ." oic · v■ rra11ty of vorklun.thip, qqllty, C?OapletfllHtl., fitneH for ue · or tltna,s ro~ • p■ icticu1ar purpoae, beiq b r.eb7. eapr ■■al::r disclaimed. By ueaution of: t;hi• A9reeMnt Qrantor aekul?""" lediH that. Grantor hu 1.a~ctitd the Ondevelopacl Lu4 &lid tba lllprov-nt11, and t~t tJle J.i::cu• Ba■ awntr tbe balance of tu Undeveloped X.nd and all of the; I91provemanta ■:r• 5 1n • conc1itioa .tcceptabl• to Gr:antor and are ·aing accepted~ Grantot ~u u• by Grantor' ■ uec:utian of th,! ■ ~rttelUlnt. •,
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4.1 xacept u othanri ■ e pi:ovlda4 for ~by tbl•
,lgr .... nt., 1D01 or tba upenii ■ li of operating. · ialnta~lling, Hpaidq and replac:1ng the 1111r.rac:a of. tlut AccH~ ~t (tbe •1u-nt Zzptm9ea•) abal.1 m alloeat.a to UW .t.MN4 LU4 u4 be the obli9atio11 · ot tlla ovnilr 9f tba I.414194 ~ etil tlNt fic■ t to occur of. tJla eYUtll! 11-tad at SUbper:agripla·••1fa). (b) or (c) below; prov111ed, howMr, ,tut . prior .to .U. . upirat"'11 or earlier teniinatioa ot tlte' tera ogr.u- ?., .

GrantN . .ull, IJdOr to tb• oc:aurre\Ca ·of any 'Qf ~t.l.le nut■ Uatad ·at &Qt,par-vra,119 4.l(aJ ; (b) or (c) below~ N taqal~IIC!I to pa.7 1001 of the Jru...,ot £xP,ens••• · ·
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(aJ ~ •ale~ l ■-•• ~ t:nuf•r~ wbatbar vo1-
untuily, by operation of la~~ or oturvi••• at any tiN' after .-. "'; .•
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tb• elate of thi ■ Ag:reaent of ail or a portioa ofr or any interest in, the Uudeveloped Lud1 ,
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(b) TIie C011111encaeat ot any vork·of iaprove­
•at on or for the benafit of, the Dndevelaped i.rul; or (c) Graator, • or: any peraoa. cl.ai.lliRCJ tbroa.gh or under Grantor, comen.ce, use of the Acceu Bumnt.
' 4.2 llotwitb9tandiag the for990ing, none of the
followi119 will c:onatitute an ev~t sati•fying Sul>paragrapba

4.2(a), (b) or (e} above:
puraunt to
Agreueat of
(■) GrADtor'• grant of th• Accea.i a.a .. at
thi• Agreement, ·
(bJ 'De installation prior to the 4ate of tlli•
tbe Impronmea,.ta on t.be U'rldnel.aped Landi or ;
' Ce) U■ e of tbe Accea ■ Eu~t. bY, r.rant-, or
by aay person clAlm.ing through o~ UJJ.der Grantee. ':
&.3 r:xcapt u otb•rwi ■■ provi~ for by .tbiJI Agree­
aut, aftar the fii-•t to occur of any of the :ewn~ 1l•t• at Sabperagrapba t.l(a), (b) or ~c) ;above, whetber : o~ aot ~ IIUcJl event 1• t.be.reafter ■upended; terminated, c:ancellil4, rner■-1 or rucJ.rided, tbe obU.ption td pay &u■ •nt ~ ll.6al:1 a. 1llocat II to tbe t.ea■e Linc! and: thl Unde,elo,e4 ~ la ndl MJ1Mr .. may reuonabl:, and in· ~ faith~ ct+t~ucl ·frca ti.at~ t1- by the owner o.t tbe;Dn4fleloped Laih1 1bUIIG 1lpclll ~• type and aount of usage ot: th ■ Accft• laHMnt, ud Ada . ... wat kpu111•• ■ball ba palcll 6y the owner at· the Laued · I.aDl!I aJld tbe D'lldayeloped r.aacl,. •• tac• aay ·be• la acoocd&Dee · v.lth such ■ 11ocations proV'ided,' Yer, t:bat: prJor t'o. ~ explratioa or ••rli■r teralaat.ion of tb1t teni of JiaaH 1, · QrutH ■hall, aft•r tb,t occurrtnea of u'j one of~ event.

U•ted in 111.bp«ragrapba l.1 (a), · Cb) or (Cl• be rliquired ~ pay that percnt•v• of tu -.eaa.nt .: ~•-■ &lloc'atedJ to tlla Laand .Lull by tb• own.er of. the, "qndeveloi,ad ·r.a4 ~ra~t to tbl ■ Par~Qb 4.3~ ud tbe CNftl ■ r of tha 11Ddne10Jil!94 Lu4 ■ull be requirad · to pa.7 tu Zall._nt ~Sspensff DD~ ■ o aJ?-ocatedi to tbe Leue4 Land. 1 •
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'•' Jfat-nt Zzpem■ ~l. be llai~ed~to tbe ·
actual coata J.nca.rred in •lntalw9, npairhg, cparat.iq': and raplacin9 the surfaae ~ 1:lte ,1,Cees■ . Ba ■ ..-nt u 'rllQUirlld· by - tbill &grNllent. Eauaent Expenati1 uall not inclu4a ·u.y of t:11• obligation■ or eo11ta relAtta to tor ariaillg fraa ·•r•tion, .. 1ntanan0tt, repair or replactimeiit of any ■ --r ~orfof any other e11aent or illtprovemnt• locafed;bennth the 1ai~ of the -i
Deacript:ioa:

Ora.er: danl Comment:
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Aoceu Ea ■ ll'IMIDt, nor ahall any :tuea or a■ N9SMDta applicable t:o ttut Acee■- IUiment ~ included in :&ueaot Eapann■•
InaGrGce coats ■ball olao be exolude4 f,rc,a icase-nt · Bxpeoaea and nch partr ■hall obtain and ;maintain 1ucm in.lUrance u it deems reasonably neces9ary. , • .
. ,.5 Invoicea for~Eaienent Expeue• or; other uawit•
payable pur ■uan~ to the tex•• ~r•of ~ tba OlfflaC. af tb• Undneloped Lan4 ■ hall be due and payable within .un (lC) daya •tt•t prHent.aUon. thereof by the owner of. the ~••eel Luci, or by Grantee., u the case uy ))e.. . If Grantee, tbe .owaer of tbe _Lu■ e4 Land, or t~• owner of ' tbe Dndevel.oped Wnd', u th• ca■e .. Y b9* fail ■ to ~k.e any pa:,nie~ta ?:eflUired to ·b•. ude bY. sueh party purauaat to tbi ■ A9reeaent witb.1.D ten (10) d&p aner written demand tllerefor, or fall ■ to perform any other obli9ationa requiired to be performed by saeh pa¥qo Pll,HUADt to this Agr.11wnt within thirty; (30) day• after wdtten daaa4 (or within aucb aborter time perlod,a1 u.y b1t iequ1z:i4 in the eve.at of an eaergency) t:hatl the party failing to ,1o' perfo111 ,•0eraultlng Party•, ahall be in dwult hereund~r an4 the • otber parties hereunder, 1n add~tion to- their ot~•r reiudi•• hareuruler, • t law, or in equity, 1111y proceed to · per for11 qn behalf or the Defaulting Partr :9-ttd recov.r fr0111 ~• Defa':llting Party upon aeun4 all coats 1acurred in connecti~a •tth aucb perforunce. together with interest thereon and on all other a.ounts not tiuly paid by tbe Jlefau1tln9 'Party at tb• rat• of 101 per ann1111, attoruey■' tee■ Jllld all otb r co■ t• of collec-:­ tion. Nithout 11111t1n9 t:btt ginerallt:r of the .foregoing, ·u at any tim prior to tbe expiration or earlier, te~nation Df :C..u• I, uy Baaement bpanae ■ -or otbar IIIIOGnt• paya1>1.e r.r­ auant to tbe teru b.areof by, ttie owner of tile tJ~J.~ Lan4 r.-ln unpaid fox: more than ·ten (1D)· day1 after written d■!lllln4 therefor, Grantm■, tn aaditi-on ,to any otber r-.ty avail.abl ■ at l.av or .!.n equity, uy deduct fro• the rent an4 o_tber pqaent• 411• under L■a .. I, an UID\lnt equal to ·•uch 1Ulpai~ .Ball ■-.at lxpellSH or Othei .UOUD.ta. t I • '. •
Xac!uinlty.
' s.1 '1'be own.r of the Leaa■d Land aball bolc1
banal■■ - and idanify the cvner of the Ol>-dnelope4 J.aD4· .fxc:a all aJ.almi alld 1111bU:lt1u ada1ng ■ al•lJ mt ~ tJw un· of tbe .

Acee•• Ea ■ ement for iniac•■■ · •n'1 age••• to and.fica tu r.aa..S ~1 providlll!, however, tha1; prior to- t2le _upl&;atiolll or •rliecr teraiaatlon of tbe tua of Leu• l Grantee allall: bald baml••• and iaddllify both · the owner of, tba LNi■d LU4 an4 tu ovnar of the Dudevelope4 Land fra11 all c~ -4 ·
llabllitiea adalnq solely out of the us• ot · the Acc:a■ ZUesNat for ingr-■ a and egre1il ta ud fr011 tn ·Le11ed Landi provided further, boveve:c, tut Grantee 11 luabWty barammt -s-
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•ball not ezcee4 the limits of Grantee'• liabilltr ut forth in r.ease I.

5.2 '1!be ovner of tbe thldevelepea Laad;aball bold
hanalews and 1n4.anifJ both Gr:antee and tbe mmar of the LuHd ~ad trom •ll elaiM and 11.ah.i~itia a.rising ~lely out of the 1ae of the Aceeu Zlaement for ingress And 111JtN• to ud fr0111 tbe Undeveloped Lml4.

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&. Completion of Access Easwnt Illlprovementa.

6.l Wll•n conatruction of AddltimJ&l · illprovneat■ i•
c01Uaenced 00 t.be on,ieveloped i..1111, t.be pa.ttlu re~u t.bat . tbe Illlprove111enta lacated vithiti the~• SiuMmellt uy be da11a9ed. IIOt~ithatanding the: provi■ iOfttl ot P•ragr.pb 4 bereof or any other prO'li■ lou of tbia Agl'Nllent upi-Naly or impliedly to tbe c:oatrary. any daag1 adalng fraa or
oc~ioned by 1111c:lh. addition.l;blprov-.ntia or any(ot.bar work r•lated to the d■v-elgp11ent o~ t:.he ~adav•lope4 i.nt •M11 be . promptly and dili9entl7 repaired · by tlle ovntr of th• U'ndnel• oped Land at such Ot111ez:· • a sole :cost and e~e. .

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6.2 . Without any w'aI lilniting the 941uraUt7 of
Para9raph 6.1 hereof; th•·Hrt: ea •cknowledge tlla~ altbough ta.

AcceH tu ... at baa bean improved by Grutff in a ~coo41t1-on acceptable to Grantor, Grantee; in aotlcipetion of coa:at~ work occurrl119 on the Undeveloped Lana, -rerrai.-4rrraa iaaUl.1- lng • tini•biDg paviq lfhlob wollld l1xely be fmng.d by rm­ •truction vebicln. ~be owner .of tbe lln.davelGlladft.ad avr_. to in•Ull, at: iu sol• opeua, ; e OJ1e-inch t.bln _,blaektop paving ~t.able to ·c:rantn 011 tu &ccela 1U 11111t S s1½-.iy qpon cc-pletion of.' coAatructicm of hlpi:ov-ata• oa tllJ9 · Un.developed Land. 110 perSOD, fin or a.tit, ab&1l •-aat.itled to bloct or ot.112rwi. ■■ prevent: the ue ~ tbe ~ sa, n ■ in lliJ' •DY person, firm or eatitJ 11nt~t~ed to 'ON tlle Ac(?N9 r.aa-,st puuuant t~ tbl• A,JrfflNRt. '. . ~
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5. l lllotVithstand .ia.; ,.tu prod•loa -of i .. ravnlb • hereof or any otmtr provia.ion: ot thl■ AgrNaat ~, •or
illpU9dly tbe contrary, the OWIIU of tbe Ulldnelapill Lad 'UII the owner c,f tile r.«aaecl I.and, ~ atr• to p~l:r aDII 4illgentl:, repair at · its ow •SP.UN• aa:r dn:•9• ~ t!le &ccw IHWnt ruuli:ing frm the u .. of tu Accnl r.u1 1at · b.f, or die a.avl.igeace or m8CO'lldu.ct of.; •ucb o.n..r · or· Adi· .--.r•• . tuanta, •ut.tilanta or iav1tee1; : pr09itad, bol,efti, tat pricn to ta upiratlcm or earlier ~•rid.nation of ~e t,l .Grut~ wul.1 pr011ptl1 and · clillgently! ~epair at ita u,eu.■ aa, dauqe to the Acee■• Eumant rHultiaq · froa tu ua of tbe Acco• Baawnt by, or the 11egli9uce 'or aiaaonduot · of. Gr.uue, or Grantee•• t:enant.a. •ubtenanta: a,r' iavlteu. ,
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1. Aali!JDIHnt

7.1 by per.OD, fira or entity acquirtM tit.le to"·
tbe Leued Land, tbtt Dndev■ loped ]And, or bo~, llllatller par­auant to a sale, tranafwr Ol'•conve:yance by r.untor, aperat1011 ot lav. or otber11lae, uall &e c!eemed cooclllalvefy to bna obtained all of tha ri9bts and. agreed to perfor■ :a11 ~ tbe obligations of Grantor under · thi ■ Agree.ant with :regard. to tbe LffHIS Land, the t1ndeveloped . :&aol, or both, .. , tlie cue ay •• acquired. Upon the aa•lgnment (in C011Dlianc1 with tbe provl­ dona of LeAae X) of Gr ante .•• intere ■ t u LHSN Wider LHae I, Grant.a■•• .. aicplff shall .be deeaec! coaclusln.1y by aec:ept.anca of aueh •••iCJillMIDt to bave obtaioed : •U of the · rlgbta and agreed; to perform1 •ll of the obli9atlona ~ Crantae hereunder. •

7.2 Without in 41;JlJ' way U.lllting Gr~tn•• right.a
hereunder, Grantee aay aa,igii ·au or any portlOJlio! GralltN' ■ d9hta and obligation ■ under : tbi• Aqr.-aat to ••Y pnao1i. flra or entity, in!C'ludinig bu.t no; li_mit■I! to, •or u•~tloa or •ovner•• or .. occup&Du• coapdsed of the awer■ of cancfo­ m!nlwn1, c:ooperativ11 or sillilar intue1t1 ~ticl 11p1n ta LU.aed Land. t•o 11.Aasociatitm"J •. Onl.y _upon any ■ uc:b ·u•l...-t by Grantee to au Aaaoci.atlon. oT to a· p■iraan. !ina or enU~ ta Vboll Grante• al ■ o aul9u · c i'n compl.ianae with .the p&'adalclla of Lease I) Grantu'• iotei: .. t ,u '. Leuee 'undu r.uu I, ■llall · Grant■-'• obli9atioa• hereunder terminate IIDCl 'Grintee be relea ■■d fraa uy liaibili tJ !th•retor to the utent th■ t aucls oblig~tions are UaWU!d by Gtaatn's uailJllH ~ ·
•• General llaleaae ' .

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1.1 Bsctlpt u expku■ lf proviaed ill Ula .&.vc ■ nt,
Grantn and Jio Kondo berebr rtluee Grantor fraa anr aad· all clalu Grant .. or R_lo Hondo :-J' have agalut Grant.Gr tdlet.tsar kDOllll or unkflOlffl; 11111pectecl:or· wu11mpectedi COAtlageat or liquidated, arial~ out of or. in connection wltb.; f.eaM t'I. ' .. I ., •

1.2 Dcapt u QP.r:e■ -ly pro'Pi.W in Ith.la Atr..-nt,
Graator berel,y HlM■ U Crail~- and Rio 'llaaclot fi-. Uf aDII all olaima Grantor : llif ..bave agi11ut Gr~t~ or Jlio ~• .• tbff lmovr.l or Wlknotm, apPeete4torlauuapacted, eontl~t ' or liquidated,. ba■-4 upon or ari■ in,; out of or in cioaact-1oa with U:) r...a U. or· (ii) any and. all activltJ.a ~ --tbe :

Umlevaloped X..ad ' by Crarttn· or. &lo Kondo •t ■ilJ' !tJ.M prior ta the c!ate of t.hi ■ qr--nt, inclw'li119,. but aot llaltad to,. l:ba CDl1Stl'Uction 0£ t be Illprov.-.nt:• ao4 tbe perforaance Of ·U.f . otber vork autborl:liel!II or ·pe~formed by Gr:aatee· o~. alo ll0114o on oi: for the beaafit of tbe tlnileveloped Land. ·
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8.l '1'b1t parties acknowledga ■n4 a1Jre• that tba
releasa contained in i::hia Agreement .111pply to ■ 11 clalu:fcn­ injurin, dals&v•s or lease .a .to their i:;e ■pectlve jetaan and property, r••l or; persoul. w4~tber tho■ e· bj!lr1'9~ daugn or laHe ■ •r• k.n0WD or unluiown,.. awapected or un•upeeted, oon,­ tlngent or liquidated. !?be par;tJ.u each · hereby Whff application of C.lifornia Civil; COde, Seotioa -15f2 vbidt •tateu
•A ganeral relN1se:doea not extend tQ .
elaiiq vhieb the craditor does not knoV or
•u■ pect ta ni•t in hi• favor at tbe tiu
ot e1:eciit:lag the .rel'.eue, whic:b if kito'!II by
blm 1111st luln materially affected hi• ·
settlement with th~ debtor.•
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Covenant1 Will Bwi!Wltb flle Land.

Th• Lt!ued Land and the Undeveloped Land aball ·.,_
held, conveyed, bypotbecated~ encllllbered, . le.a1e4,:· rented,. uH4, occupied t and improved 1111.b:J•!!t: to and in ■ ccor4a~• · witb ·all o! the provi ■ iona, limita.t:l.ou, : rutdetiona,; eu~u .. ca~•­ nants, conditiom, and «9reem.enta ••t tortb 1n·tbu Agr•-nt, all o.e vhlc:b are decl.&red and agreed to be 1ft f1n: . .tJ2er•nc~ .of ud for tba protection. maiatenance and illlprova■nt of l:lla · .r..ased. Land all.d the Undev•lopecl!wnd, and for . th'!'. pu-rpoae of enlulncuig their v.lue, u•e, 4nirability 1111d attractlveM.la-. .All provl ■ .ian• o~· this Agnteae 'nt are laposed •• .tatile. •er­ vitndn 012 the teued r.nd and( the U.ndnelo,-4 -.Lusd. All¼ pro­ vi ■ 1'm9 of this A9reema11t ahiiFP•l•o · be cova~a? rulllliAg witll tile l ■Dd And be binding uponi11nd Ina.re to Ue' :.benafit of. all pecaoaa 1.bavln9 or ,&cqaid119 aa7 : .d9bt, tit1•• oi iillterut: 1A all or any ,POrtion of the Leasd Land or the 11.nd~lopecl ~• and th•ir raapective aucce ■■ ora:ud udgaa. ·
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10. Gener.i Proviaiona . .!
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10. l 'l'he partiu to thil .Aljreement agree to eucuta
■nd dellv•r auc:h other ,ind f1irtber dOOW11:anta u are nece•uQ' to further evJ.clence and effectuate tb■ tenui ot thia .agr ... at. ~ • I ....

10.2 If a d.uputo : or'cll ■agr .... nt· ari•~ concH11i119 enforHllllt O!' interpretation of thia A9t.-nt ar ·the .li9&­ tiona craated hereby, either party' aay, QPCD ·wdtten aoticr to tile other, ■ uait'tbe •-- to arbitration in ac:cor41.ace,•1tll . t11e· oaa.ere1&1 rlll-■ ·oi the A'mricn Arbltiat1ott Aaaoclatlon u tbe .... uy be uie1u!ed fl'Olt .t111e to tf.u for ·d•~ialaat~ pz a; •iavl• arbitrator appointed ii:i •ccord&nce with " tucb rui·•• '~· fll• &ward ·of tbe arbitrator ahall be final ud b1a41q eel · ·· · itithei: party ma:r' petition .a cou~t of coaipttilnt '::lo~iMllctl~ t;o conf.ina the award pursuant ta tHe provialona 0.f califor41■1 ~ ~ """., - .
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10.4 Thi ■ Agree 1nt :cOD.1titutea thi sole contract
maong tbe partiea, and auperae4.ff ally and. all other: avr._-nu, whether vritteo or oral., wltb ieapect to the utte%• her•ia~ The r.rtiu ackt1owledge tut no reprennt•tiona,~ i~•t•,
pram n• or agrtll!lUllta, vbether otal or: .otlierwin, ban beea ude by any party, or &nJone acting on behlllt of! •DJ par'ty, . ldllch are not embodied: herein. = Any modification- ot thie Agr..­ Mnt •haill be effective Q-Pl:t if io writing.

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' ' Dated•• of the day and yeai first above writto.
j SIMI vw.n DIIInED SCBDOt,
DISHIC'r
By:

Mary Beth
Assistl
COCIIRl:S. ?ROPD'rIES, a C&l1forn1a
_liaitd partnrsh~p
t
.II!'= Rio eonao, •tCal lfof'ma , corporation, ;,eoeral. p.rtner ' . · , i,
(aignaturea continued on follolf.lDa page}
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'IUO BOIIDO, IIIC ••• Calitorala
!co~r•tion
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Descr:l.pt:ion: Veotura, CA Doaument;-Year.DoaID 1988. 41948 Page: 10 of 16 Order: di1Zl1 Commewt:
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ff.ATE OF CALil'OBIIJA :
88 C00IITY OF VEll'1'0RA :

On March 23. ; ~ l!l,H, before :u, the under-
atgnecl, • iiotat? Public In and ·for said Stat, personally appeared Nary Seth limlford , w personally known to ·
ae or proved to me on the bids o! utlifact.ory evidence to lie tbe Authorized ~ent : . of the HIIOCi.atloll tut
.. ecuted t1ie wtliln lnatrumnt..- knovn to u to be the individual vho executed uid in11trU11ent on behl.lf of tbe auociation a.a.med therein, IQld•actnovledged to• tbat uid UIIOCiaUan uec:1.1te4 the wit:hin illltruaent pur■ uant to it.a byl&- or a resolution of .Lt.a. board of directors·.

WHNBSS a:, II.Ind and of~ic~al Hal.

STATE OF ClLIJ'ORIIA . -COOftY 01' LOS AllGUS i ••
On ttl\-.~~ 3~ 'i'\"d ~ ~ before •• ~ un4 r■ lfJffltd• • Rotary Publlc la. anaor Hid State, peraoaally tqpured Dougla• Felbinger, per■ on&llJ known to • or pr~d to wa oa tbe bui ■ of NU.factory ff!7ldence to be tbe petaon mo
esecuted. tbe vitbia inatr11:1111nbaa th• Pr-■ iunt1ot tbe corporation t!at uecutad the with.in ina-tru.aiit.f,Oll bah■l:f of Codu:an Propertietl, a C.lifor:nl ■ liaiud putnersblp, the partn■rAb1p that. u■ cuted tbe wit.bin 11111ta:iant:~ an4 · ackllOWl■ c)ged to ae tbat ■ aob corporation · uacutH tile .... u aucb partn•r u4 that auch partner■hip uecuted~tbe AM• . - . .. wt'ff11SS sy ba1l4 .a4 officlal Hal.
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STATE OF CALiroRKIA s
com,11'lC or LOS ANGELES i
l
011 V'III•__,_ ?>°'-- _ r l!J't11, before me, tbe Wll!ar- • · ■ igned, .a ioury Piibilc la. ad lor ■iicJ State ·, ~r■anally appured nouglu .rel.hinger, peiaonallY known ta lie o-r prMed to u on the basis ~f .. tiafactory. mdence to be~ per~ wbo executttcl the witbin in.strument ·u the Pr11tait5e.nt o1! th• corpora­ tion tbat e1ecute4 th• vitbin iuatrument an! ackDOlfledgd to - tbat 11ucb i=orpm:•tlan executed the within · inst:ruant p:arauant to its bylaws or a re ■alutlon of 1u board of director■• . ( -1
WITBESS my band an4 official ae,a.l.
-
II.l.:£GIIJLE .mTArC SUL ~•
GOVEBBMEll:l' COO.£ 27361. 7
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LIASEn LARD
Parcell, in th• City of; stmi Valley, County of Ventura, State of California, as llhawn·. on: a parcel map filed in 1k,oll: ,2 hfn 35 and 35 of Parcel Maps, in u,e orfice of~ Ccnmty Recoi'aer of .. 1d Coumty.

Except from said iud all mineral• and all, 011. i;aa,
aephaltwa and other hy4racarbon substances. lyin9 •below • deptb of 50U feet from tbe- nrface of said land, but uid exception ■ hall be without tbe rigbt tO'. •nter apaa aa!d lan4 or uae the aurtace for any purpose.

ILLEGIIL! llOfAIY SEAL DECLWnOH'
GOVEUIIENT CODI 27361. 7
_ I certi.fy llllll•a:- pe,qlty of perjuzy tbat th. ~~ ■Ml. oa the d~ to wtaida 1 ; t'llia ■ t.a~t b ateached read ■ u follO!ft: .
~1 ; . ._ of l:otary._...::B-.-1....,d,<Lt.(P-1=~f>J..:•:-;?-:>::ii.~u-~J1.1.~..L.01-----..:....-----=-­ 'Date Cc.dsdaa Expire, '1v\'1 l0 , \990
} ~».te aDCl Place of lloi:ary J:ueution ~'o Q9 , 19~ l ~:s Anqe b •DIN: a11d Place of this Ded■ration Rsµ_r::\,} \.~, )9£;8 Uc,¥>,,b ~ M9r ~ 1ITl! INS.awt 1 ~- ~
Sipacure(fina - if any) . I}«
EIBIBIT •a•
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Par~l 2, in the CitJ' of S1111 Valley, ocmntJ of Ventur•• state of C&liforni•, u ahcMlra oa •parcel.up fU.lld 1a Book H Pa;ea 35 alld 35 of Parcel Maps,•in the offiw of ,tlle 0DantJ Recorder of said Coaaty.
· Except fraa Mid l.an4 •J.i ainerala an4 .all oil. gas. upbalt:Wl and other ltJISroeartacn: n.batan.on, lyiag beloit • deptJa · of 500 feet froa tlle •udace of uid l&nd, but Nld aioeptloo abll be without tt. dgbt to enter upon Nld land or use the aurface for any purpo■•·
EIIIIU'l' •r
Descr.1.pt:1.012: Ve.ntura,CA
Order: danl comment:
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"Jesaription: Ventura, CA Document-Year. DooID 1988. 47948 p ~rder: dan1 Comm~nt: age: 15 of 16 .. , ... _,,.
37 t

COCIIIAN
PARCEL 2
42 PM 38
STREET
Exhibit •c•
· Page 2
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Descr.i,r,t;io11: Ventura,CA Document-Year.Doc.ID
Order: daal Comment:

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38 EXHIBIT 2
EXHIBIT 2
39 T
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Recording Requested by~ DPS __

RECORDING REQUESTED BY

LAWYERS TITLE COMPANY
KeCORDING REQUESTED BY
. AND~ RECORDED, MAIL TO:

Cochran Properties, a California Limited
Partnership
P.O. Box 4867
Chatsworth, California 91313-4867
W L 'I Of;J 'L
APNs 615-0~172-165, 175 and 185
20171107-00144873-0 1/16
Ventura County Clerk and Recorder
MARK A.LUNN
11/07/2017 10:09:24 AM
ll69176 559.00 RE
Eleetronlcally Recorded In Offlclal Reeords,
County of Ventura
· Space Above for Recorder's Use Only

FIRST AMENDMENT TO EASEMENT AND
AGREEMENT OF COVENANTS, CONDfilONS AND ·RESTRICTIONS
Tms FIRST AMENDMENT TO EASEMENT AND AGREEMENT OF
COVENANTS; CONDfilONS AND RESTRICTIONS (this "First Amendment") is made as of this _fa_ day of November, 2017 (the "Effective Date"), by and between the Sil\iO VALLEY UNIFIED SCHOOL DISTRICT, a political subdivision of the State of California ("Grantor") and COCHRAN PROPERTIES, a California Limited Partnership ("Granteej.

Gran.tor and Grantee are sometimes collectively referred to herein as the "Parties" and sometimes individually referred to herein as a "Party."

RECITALS
A. Granter is the owner of that certain real property, approximately 6.35 acres in size, located at 709-775 E. Cochran Street, Simi Valley, California 93065, as.more fully described on Exhibit "A., which is attached hereto and inco:tporated herein by reference (referred to in the Easement Agreement and as defined in Recital A thereof as the Leased Land but here1na:fter referred to as "Parcel 1 ''). Parcel I is identified as Parcel 1 on that certain Parcel Map LD-S-303, filed in Book 42, Pages 35 and: 36 of Parcel.Maps, in the Office of the County Recorder of Ventura County and more fully described in Exhibit A hereto.

B. Grantor is the owner of that certain :real property, approximately 12.7 acres in size, located at 875 E. Cochran Street, Simi Valley, California 93065, as more fully described on Exhibit "B'' which is attached hereto and incorporated herein by reference (1he "Adjacent Land"). The Adjacent Land is identified as Parcel 2 and Parcel 3 on that certain Parcel Map LD-S-303, filed in Book 42, Page~ 35 and 36 of Parcel Maps, in the· Office of the County Recorder of Ventura County, and more fully described in Exhibit B hereto.

C. On or about March 15, 1988, the Parties executed that certain Grant of Easement and Agreement of Covenants, Conditions and Restrictions, recorded on April 12, 1988 as Instrument No. 88-047948 of the Official Records ofth.e County of Ventura (the "Easement Agreement''). Pursuant. to th.e Ea...-.iement Agreement, Granter granted "to and foi the benefit of the Leased Land, and each and every present or future owner of any interest in the Leased . Land, including but not limited to Grantee, •.. a petpetual non-exclusive easement fo~ roadway 16224.1:5081466.I
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purposes and for pedestrian and vehicular access, ingress, egress, use and enjoyment, . . . " across that certain poni,on of the Adjacent Land identified as Parcel 2 as·more fully descnoed and depicted in the Easement Agreement (the "Access Easement"). . '
D. Concurrently with the recording of this First Amendment, Gran.tor is conveying fee title to Parcel 1 to Grantee, and is in the process of selling the Adjacent Land to third parties. In connection with the sale of the Adjacent Land to t1i.ird parties, Grantor has advised Grantee of the following: (1) Grantor has conceptually divided the Adjacent Land into four parcels; (2) the :first parcel is that certain southern portion of the Adjacent Land consisting of approximately 5.3 acres designated as "Parcel A," which the current buyer intends to redevelop into a light industrial center; (3) the second and third parcels are that certain middle portion of the Adjacent Land consisting of approximately 3 .51 acres designated as "Parcel B," on which the current buyer intends to maintain a manufacturing and warehouse operation ( and which will likely be legally subdivided into two parcels designated as Parcel B-1 and Paree] B-2); (4) the fourth parcel is that cel1?,rln northern portion of the Adjacent Land consisting of approximately 3.93 acres which is unimproved, designated "Parcel C," on which the current buyer intends to construct a hotel; and (5) Parcels A, B, and C are pictorially depicted on that certam site aerial photograph and that certain conceptual parcel map, both of which are attached hereto as Exhibit "C" ~d incorporated herein by reference. After their respective purchases are consummated, the buyers of Parcel A, Parcel B and Parcel C will likely form an association to govern their rights and responsibilities with respect to the Access Easement, another road on the opposite side of tlie Adjacent Land, and other matters, and the buyer of Parcel A will likely form a separate owners' association for the industrial center to be located onParcelA.

E. Orantor has advised Grantee that Grantor is in the process oflegally subdividing the Adjacent Land into Parcels A, B-1, B-2, and C in accordance with the Subdivision Map Act (Governµient Code Sections 66410, et seq.) and applicable laws, regulations, and ordinances, including, but not limited to, Simi Valley Municipal Code Chapter 9-60. As part of the subdivision process, Grantor anticipates that it will be required to grant to the new ovmers of Parcels A, B-1, B-2, and C of the Adjacent Land and each of their re~ve tenants, subtenants and invitees rights to use the Access Easement for roadway purposes, pedestrian access and utility access.

F. Oran tor anticipates that the escrow for the disposition of Parcel 1 to Grantee will be consummated before the escrows for the disposition of the Adjacent Land. Therefore, Orantor has req~sted that Grantee execute, and Grantee has agreed to execute, this First Amendment to render certain rights and JCSpqnsibilitics of the Access Easement as set forth in, . the Easement Agreement applicable to the future owners of the Adjacent Land.

NOW, THEREFORE, in consideration of the foregoing recitals, the promises and covenants of the Parties, and other good and valuable consideration, the receipt and sufficiency of which the Parties acknowledge, the Parties agree as follows:
16224.1 :5081466, I·
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1. Grant of Easement to Parcel 3. Grantor hereby grants to and for the benefit of that portion of the Adjacent Land identified on Exhibit "B" as Parcel 3 ("Parcel 3"), inclusive of each and every' future owner of any interest in Parcel 3 and any and all other portions of the Adjacent Land intended to be subdivided into Parcel~ Parcel B and Parcel C, including each of their respective tenants, subtenants and invitees, and any purchasers of condominimns, cooperatives or similar interests located on Parcel 3 and any and all other portions of the Adjacent Land intended to be subdivided into Parcel A, Parcel B and Parcel C, the Access Easement as .defined in Paragraph 1.1 oftbe,Easement Agreement and further described and depicted in Exhibit C of the Easement Agre~ment. For avoidance of doubt, this easement grant shall include roadway, pedestrian, vehicular and utility access.

2. Maintenance of Access Easement; Expenses.
. (a) · Until Grantor or any subsequent owner of any portion of the Adjacent Land commences to use the Access Easement, Grantee shall continue to maintain the Access Easement in accordance with Paragraph 2.1 of the Easement Agreement, and to pay all expenses of such maintenance in accordance with Paragraph 4.1 of the Easement Agreement. (b) Notwithstanding anything in the Easement Agreement or this First Amendment to the contrary, no subsequent owner of any portion of the Adjacent Land shall have-the right to use the Access Easement until the party intending to commence such use has given twenty-four (24) hours prior written notice thereof to Grantee -and, if applicable, to any other owne.r(s) of the Adjacent Land then using the Access Easement.
(c) Within one hundred twenty .(!20) days of an owner of the Adjacent Land giving written notice as provided in Paragraph 2(b) of its intent to use the Access Easement, such owner of the Adjacent Land shall confer with Grantee and such other owner(s) of the Adjacent Land to which notice was given to reasonably and in good faith ·attempt to mutually agree upon which owner(s) shall be responsible for main1enance of the Access :Easement in accordance with Paragraph 2.1 of the Easement Agreement and how the expenses of such maintenance (the "Maintenance Expenses'') shall be allocated and paid among all own~rs · using the Access Easement. If, by the end of such one hundred twenty (120)-day period Grantee and such owners have not reached a mutual agreement on such matters, then (i) the obligation to maintain the Access Easement in the manner required under Paragraph 2.1 of the Easement Agreement and to pay the Maintenance Expenses shall revert to Gran.tor, provided it stills owns a portion of the Adjacent Land, (ii) Orantor shall have the right to reasonably and in good faith determine, from time to time, based upon the criteria set forth in Paragraph 4.3 and otherwise in accordance with Paragraph 4.4 of the Easement Agreement., to allocate the Maintenance Expenses among Grantee and the owners of the Adjacent Land then using the Access Easement, and (iii) Grantee and such other owners shall pay their 16224J:5081466. l
42 ' .
allocated shares of Maintenance Expenses in accordance with Paragraph 4.5 of the Easement Agreement. . Grantor's responsibility for .maintaining the Access Easement shall not include any requirement to pay development costs associated with improvement of the Access Easement as required by the City of Simi Valley, the County of Ventura or any other governmental authority as a result of any planned improvements or development being undertaken by Grantee or any of the future owners of the Adjacent Land, nor shall any such development costs, nor any costs associated with Grantor's subdivision or any development of the Adjacent Land be allocat.ed to Grantee.
' · · ( d) After Parcel 1 and the last parcel of the Adjacent Land have been sold by Gran.tor, the Maintenance Expenses shall be allocated twen.ty,-five percent (25%) each to Parcel 1, Parcel A, Parcel Band Parcel C. However, if at any time the owner of Parcel 1 or the owner of any portion of the Adjacent Land (the .. Objecting Owner») has a reasonable, good faith belief that any o1her o-wner is disproportiom1.tely. using or damaging the Access Easement, the Objecting Owner shall have the right, but not the obligation, to provide written notice to the other owners that the Objecting Owner demands an independent study of the actual usage of the Access Easement by all the owners {the "Use Study"). The Objecting Owner shall select an independent third party with at least five (5) years' experience in relevant traffic and vehicular use studies ("Use Expert"), who will be i.nstplcted, if warranted by the Use Study, to reallocate the Maintenance Expenses among the owners consistent with their respective uses of the Access Easement as shown by the Use Study. The notice of Use Study shall include the name of the-Use Expert to be engaged and a reasonably detailed description of the type of Use Study to be conducted. The Use Study shall be completed within thirty (30) days of the notice. Upon completion of the Use Study, the Objecting Owner shall deliver a copy thereof to each of the Owners, and thereafter, the Maintenance Expenses sbaij be reallocated as set forth in the Use Study and any owner assessing Maintenance Expenses to the other owners shall do so in conformance with the allocations determined in the Use Study. The Objecting Owner shall bear the initial cost of the Use Study but in the event the MainteilflllCe Expenses are reallocated as a result of the Use Study, each owner whose share ofMairrtenance Expenses increased as a result of the Use Study shall be responsible for an equal share of such cost, and if applicable, to reimburse the Objecting Owner for such equal share.

Notwithstanding anything in the foregoing to the contrary, all owners shall retain the right to dispute any aspect of the procedure used by the ·objecting .. ... Owner in connection with the Use Study as not being in compliance with the requirements of this Para.graph 2( d), and to dispute the final determination of the Use Study, in accordance with the dispute resolution rights- set forth in Paragraph 2(i) hereof.
(e) It is anticipated that the future owners of the Adjacent Land will form an owners' association~ manage certain activities on the Adjacent Land, 16224.l:S081466.I
43 ' .
including, but not limited to, the maintenance of the Access Easement in accordance with Paragraph 2.1 of the Easement Agreement and the imposition of assessments for the Maintenance Expenses in accordance witli Paragraph 2( d) hereof. Furthermore, it is anticipated that the future owners of the Adjacent Land and the' owner of Parcel 1 may execute a restated easement agreement. inclusive of designating the Parcel A, Parcel B and Parcel C association as the responsible entity for maintaining the Access Easement and imposing assessments for the Mwntenance Expenses. In the event that prior to the sale by Grantor of the last parcel of the Adjacent Land. Grantee and all owners of the Adjacent Land, including the buyer of the last" parcel owned by Grantor, have not agreed that the association shall be responsible for maintenance of the Access Easement and the imposition of assessments for the Maintenonce Expenses, then upon such sale, the owners of the Adjacent Land each shall be responsible for maintaining that portion of the Access Easement on their respective property in accordance with Paragraph 2.1 of the· Easement Agreement, and imposing assessments for the Maintenance Expenses among Grantee and the other Adjacent Land owners in accordance with Paragraph 2( d) hereof. If, however, Grantee and the owners of the Adjacent Land have reached a prior written agreement regarding the responsibility for maintaining the entire Access Easement and the imposition of assessments for the Maintenance Expenses, then that agreement shall govern. ·
(f) ., Notwithstanding the foregoing provisions of this Paragraph 2, in the event that Grantee or any owner of any portion of tb:e Adjacent Lond at any 1une objects to the imposition of assessments for Maintenance Expenses made by Grantor, or made by an owner of the Adjacent Land, or the manner in which Gran.tor or an owner of the Adjacent Land requires payment-to be made, on the grounds that such allocation or payment requirements are not in compliance with Paragraphs 4.3, 4.4 or 4.5 of the Easement Agreement or Paragraphs 2(c) or (d) hereof, as applicable, or disputes any aspect of the procedure\1sed by an Objection Owner in connection with a Use Study es not being in compliance with the requirements of Paragraph 2( d), or dispute5 the final determination of the Use Study, such objections "shall be resolved as provided in Paragraph 10 of the Easement Agreement, as amended by Paragraph 6 of this Amendment.

3. Grantee Right to Maintain Landscaping in Access Easement. Notwithstan~g anything in the Easement Agreement or this First Amendment, including, without limitation, Paragraph 1 of this First Amendment, to the contrary, Grantee shall have the following rights, for the benefit of Parcel 1 and all future owners of Parcel 1, with respect to the use of the Access Easement: (a) to maintain landscaping and related irrigation devices on the western side of the Access Easement adjacent to Parcel 1 to the extent originally required by the City of Simi Valley, California BS a condition to granting entitlements for·the development of the improvements on Parcel 1, provided, Grantee shall be responsible to· Jl)aintain such landscaping and inigation devices at all times at its sole cost and expense, notwithstanding any · alternative allocation of Maintenance Expenses; (b) to ~ such utility lines and 16224. l:.5081466.1
44 equipment currently in place in the Access Easement. provided that Grantee agrees to reasonably cooper.ate with any upgrades and improvements to the utility lines and equipment required by the-·City of Simi Valley in connection with the subdivision of the Adjacent Land, and further provided that Orantor and any future owners of any portion of the AdJacent Land agree to provide reasonable prioi: notice to Grantee of any such upgrades or improvements and take all reasonable steps to ensure that the same are penonned in a manner that minimizes disruption to the business operations on Parcel 1; ( c) to maintain any encroachments of improvements from Parcel 1 onto the Access Basement as existing on the date hereof, including, without limitation, any parking spaces orpaddng areas; (d) for the use of the Access· Easement area by Grantee and its employees, contractors, consultants and agents as necessary in connection with the .maintenance, repair end replacement of improvements on Parcel 1; and (e) to allow drainage from Parcel 1 arid the improvements located thereon on and across the Access Easement, including, without limitation, from drain pipes included within the irrigation devices on Parcel 1 and located within the Access Easement as referenced in subpart (a) of this Paragraph 3.

4. Completion of Access Basement Improvements. Paragraph 6, inclusive of Paragraphs 6.1, 6.2 and 6.3, of the Easement Agreement shall be applicable to each owner of that portion of the Adjacent Land identified as Parcel 3, inclusive of each and every future owner of any interest in Parcel 3 and any and all other portions of the Adjacent Land as subdivided, as reasonably applicable under the factual circumstances.

5. Assignment. Paragraph 7 of the Easement Agreement shall be applicable to each owner of that portion of the Adjacent Land identified as Parcel 31 inclusive of each and evecy future owner of any interest in Parcel 3 and any and all other portions of the Adjacent Land as subdivided.

6. Covenants Will Run with the Land. Paragraph 9 of the Easement.Agreement shall be applicable to each ovvner of that portion of the Adjacent Land identified as Parcel 3, inclusiv~ of each end every future owner of any interest in Parcel 3 and any and all other portions of the Adjacent Land as subdivided.

7. General Provisions. Paragraph ro of the Easement Agreement shall be applicable to each owner of that portion of the Adjacent Land identified as Parcel 3, inclusive of each and every future owner of any interest in Parcel 3 and any mid all other portions of the Adjacent Land as subdivided. Notwithstanding the generality of the foregoing,_the following provision shall be added to the beginning of Paragraph 10.2:
l6224.l:S081466. l
It is the parties' intention to avoid the cost of litigation and to attempt to resolve any problems arising out of or related to this Agreement amicably. To that end, the parties agree to attempt to settle any and all disputes arising out of or related to this Agreement by neutral, non­ binding mediation, as a condition precedent to the commencement of arbitration, litigation or any other similar proceeding. Any party may · request mediation, provided . that the request shall be in writing· and 45 delivered to the other parties personally or by certified mail. The parties . agre_e to act in good faith to attempt to resolve any dispute by mediation.

A party shall not be entitled to attomeys' fees in any lawsuit, arbitration, or other proceeding related to or arising under this Agreement if that party refused or failed to participate in mediation in good faith pursuant to this Paragraph 10.2. The parties further agree to act in good faith to identify a mutually acceptable mediator. If a mediator cannot be agreed . upon by the patties, each party shall designate a mediator and those mediators shall select a mediator who shall act as the neutral mediator of the parties• dispute. If the dispute or claim is resolved succes.,fully through the mediation, the resolution shall be documented by a written agreement executed by the parties. If the mediation does not successfully resolve the dispute or claim, the mediator shall provide written notice to the parties reflecting the same, and the parties may then proceed to seek an alt.emative form of resolution of the dispute or claim, in accordance with the remaining tenns of this Agreement and other rights and remedies afforded to them by law. Notwithstanding the foregoing, nothing set forth in this Paragraph

10.2 shall reqttjre mediation prior to commencing an action in equity seeking injunctive relie:t: All applicable statutes of limitation shall be tolled while the mediation procedures specified in this Agreement are pending, and the parties agree to take all action, including the execution of stipulations or tolling agreements, necessary to effectuate the intent of this provision.

8.. Incoxporation of Recitals and Ex.ln'bits. The Recitals · set forth herein and the Exhibits attached hereto are incorporated by reference into this First Amendment.

9. Remaining Terms and Conditions. The Parties expressly acknowledge and agree that certain provisions set forth in the Easement Agreement, including, but not limited to, the "Termination of Lease II" provisions set forth in Para.graph 3, the indemnity provisions set forth in Paragraph 5, and the general release set forth in Paragraph 8, apply only between the Parties end do not in any manner whatsoever affect or apply to any future owners of that portion of the Adjacent Property identified as Parcel 3 or any other portions of the Adjacent Land as subdivided. Except as specifically provided in this First Amendment, the terms end conditions of the Easement Agreement shall remain in full force and effect. -Signatlll'U On Nat Pap-
16224.1:5081466.l
46 IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the Effective Date.
l62l4.l;S081466.1
"Grantor"
Simi Valley Unified School District, a political
subdivision of the.State of. _ _ _
"Grantee"
COCHRAN PROPERTIES, a California Limited
Partnership
By: Rio Hondo, Inc., a California corporation, its
general partner
By: _ ____ _________ _
Doug Felbinger, President
AKA·Doqglas-~elbinger
47 IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the Effective Date.
16224.l:S08l4<i6.l
"Grantor"
Simi Valley Unified School District, a political
subdivision of the State of California
By: __________ ___ _
Dr. Jason Peplins.ki, Superintendent
By. _____________ _
Ron Todo, Associat.e Superintendent
"Grantee"
COCHRAN PROPERTIES, a California Limited
P1Utnership
By: Rio Hondo, Inc., a California. corporation, its
general partner
~?~ ~:binger Doug elbing r, President ·
l
48 EXHIBIT A
LEGAL DESCRIPTION OF PARCEL 1
That real property situated in the COWlty of V eotura, State of California, descn'bed as follows:

Parcel A:

Parcel 1 of Parcel Map No. LD-8~303, in the City of Simi Valley, County of Ventura, State of California, as shown on a map tiled in Book 42, Pages 35 and 36 of Parcel Maps, in the Office, of the, County Recorder of said County.

Except from that portion of said land lying within the East half of the West half of the Southeast Quarter of Section 5, Township 2 North, Range 18 West, Rancho Simi, as per map recorded in Book 3, Page 7 of Maps,-an oil, gas, petroleum, asphaltum, brea, hydrocarbon, carbonaceous and other kindred substances and minerals with the right to develop, take. produce. store and remove the swne and the right to explore, sink wells. lay pipes. pipe lines, make roads, erect, operate, use, maintain, repair, and remove derricks, machinery, equipment, houses, tanks, pipes, cuing, pipe lines, stills, poles, telephone and telegraph lines and equipment and all structlD'es,·ID8ChinCI}' and appliances usual or proper in carrying on the blll:liness of producing, storing, trea~ing !Uld marketing oil, g88 and associated products, as set forth in the deed from Wanen B, Lloyd and wife recorded July 7, 1915 in Book 147, Page 239 of Deeds.

Also except from a portion of said land all minerals and all oil, gas, asphaltum and other hydrocarbon substances lying below a depth of 500 feet from the surface of said land, without the right to enter upon said land or use the surface for any pwpose, as excepted in deed recorded December 26, 1967 inBoQk 3239, Page 69 of Official Records:· ..

Parcel B:

A non-exclusive easement for roadway, pedes1rian and vehicular access, ingress and egress over that portion of Parcel 2 of Parcel Map LD-S-303, City of Simi Valley, County of Ventura, State of California, as per map filed in Book 42, Pages 35 and 36 of Parcel Maps, in the office of the ColUlty·Recorder of said County, described as follows:

Beginning at a point in the Northeasterly line of said Parcel 2, said point being distant thereon South 79° 17' 21" East 51.09 feet from the most Northerly comer of said Pan:el 2; Thence along the boundary of said.Parcel 2 the following courses:
1st: North 79° 17' 21" West 51.09 feet; Thence
2nd: South 0° 32' 03" West 986.22 feet; Thence·
· 3rd: South 89° 30' 07" East 60.00 feet; Thence
4th: North 0° 32' 03 East 50.00 feet; Thence
5th: North 13° JO' 12" West 103.07 feet; Thence
6th: North 0°32' 03" East 490.94 feet; Thence leaving said boundary 7th: North I 7° 02' 40" East 53.80; Thence
8th: North 0° 32' 03" East 284.63 feet to the point of beginning.

Assessor's Parcel No: 615--0-172-165
16224.l:5081466.l
49 1- .

I
. EXHIBITB

LEGAL DESCRIPTION OF ADJACENT LAND
J •
All that certain real property situated in the County of Ventura, S~ of California, described as follows:

Parcels 2 and 3 of Parcel Map No. LD-S'-303, in the City of Simi Valley, County of Ventura, State of California, as shown on a map filed in Book 42, Pages 35 and 36 of Parcel Maps, in the Office of the County Recorder of said County.

Except from that portion of said land lying within the East half of the West half of the Southeast Quarter of Section ~. Township 2 North, Raqge 18 West, Rancho Simi, as per map recorded .,~ in Book 3, Page 7 of Maps, all oil, gas, petroleum, asphalta:m, brea, hydrocarbon, carbonaceous and other kindred subBtaI!ces and minerals with.the right to develop, take, produce, ·store and remove the same and the right to explore, sink wells, lay pipes, pipe lines, make roads, erect. operate, use, maintain, repair, and remove derricks, machinery, equipment, houses, tanks, pipes, casing, pipe lines, stills, poles, telephone and telegraph lines and equipment and all structures, machinery and appliances usual or proper in carrying on the business of producing, storing, treating and marketing oil, gas and associated products, as set forth in the deed from Warren B. Lloyd and wife recorded July?, 1915 in Book 147, Page 239 of Deeds .. · Also except from a portion of said land all minerals and all oil, gas, asphaltum and other hydrocarbon substances lying below a depth of 500 feet from the surface of said land, without the right to enter upon said land or use the surmce for any purpose, as excepted in deed recorded December 26, 1967 in Book 3239, Page 69 of Official Records.

Assessor's Parcel No: 615-0-172-175 and 185
16224.1 :5081466. l
50 ACKNOWLEDGMENTS.

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 1he 1Iuth:fulness, accuracy, or validity of that document. .

STATE OF CALIFORNIA
CO"QNTY OF. 1/.JJefl1/AA,
}
}s.s.
}
. . '
On &<!.1HJf/4 ~l 20~..1., before me, C4A!J/i7>~d;J , aNota.ry Public in and for said County and State, personally appeared, ~ eep..~ 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 hi$1her/their signature(s) on the instrument the person(s), or the entity upon behaJfofwhich 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.

WI'INESS my hand and official seal.
~~~ Signature: --~..::::.=:a...=...-=--c~-~___,,c...-~- .,..,..__,..._,_ __ _ (Notary Seal)
r CCC.,. CC ·cllo[&JeJM C a 'I
•
c.mm1111on # 2088715
! wawy. Putllli: • Glllfornla f
) 'Jlnlura CVunty ~
CDlnm, . 11'11 Oct 18. 20!8 ♦ ♦ 0 0 C! 9J CJ C = $ 0 ♦ 0 0 C .l 16224.1 :5081466. I
51 A notary public or other officer completing 1his certificate verifies only-the identity of the individual who signed the docmnent to which this certificate is attached, and not the tmt:hfµlness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF 1/~
}
}s.s.
}
On ~ ·~ I ·201.:Z.., before~. {!:l!ttl(;;;J~ , a~otary
Public in and for said County and State, personally appeared, ~ -LdiJ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) . is/are subscn"bed 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 sigoature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WI'INESS my hand and official seal.
~~ · Signature: --~~..c...;:;;_...,__.~<-----=------1+--.......---- (Notary Seal)
16224.l :5081466.1
52 ACKNOWLEDGMENTS
A no1ary 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.

STATE OF CALIFORNIA
COUNTY OF J...as A.ner\es.
}
}s.s.
}
On OC-\-a'bev- 2$ 2011, before me, ~~Qt Poc\'0~'"2.. , a Notary Public in and for said County and State, personally appeared, :3:::r,,~ re\\o, ory:, r who proved to me on the basis of satisfactory evidence to be the person(,!) whose name(,) is/~ subscribed to the within instrument and acknowledged to me that he/sl)e/tb6y executed the same in his/hpr/t)a,ir authorized capacity(~), and that ·by his/hpf/tl;eir signature~ on the instrument the personGs,, or the entity upon behalf of which the personOO 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. ·
WTINESS my hand and official seal.

Signature: _ _ ...J.~';.,,e.~iJII-~==-----<,------ --
Notary P.ubllc - Callfornla
I l.01 Angt111:County
Z Comrnlllloa i# 2180337 .,.

J, . , • • ,"'l t°T"t :~mr: eua 1J }2!1
(Notary Seal)
16224.1:5081466.I
53 EXIDBIT A
LEGAL DESCRIPTION OF PARCEL 1
That real property situated in the County of Ventura, State of California, described as follows:

Parcel A:

Parcel 1 of Parcel Map No. LD-S-303, in the City of Simi Valley, County of Ventura, State of California, as shown on a map filed in Book 42, Pages 35 and 36 of ParcelMaps, in the Office of the County Recorder of said County.

Except from that portion of said lend lying within the East half of the West half of the Southeast Quarter of Section 5, Township 2 North, Range 18 West, Rancho Simi, as per map recorded in Boak 3, Page 7 of Maps, all oil, gas, petroleum, asphaltum. brea, hydrocarbon, carbonaceous and other kindred su~stances and minerals with the right to develop, take, produce, store and remove the same end the right to explore, sink wells, lay pipes, pipe lines, make roads, erect, operate, use, maintain, repair, and remove derrlckB, maohloery, equipment, houses, tanks, pipes, casing, pipe lines, stills, poles, telephone and telegraph lines and equipment and all structures, machinery and appliances usual or proper in carrying on the business of producing, storing. trooting and marketing oil, gas and 888ociated products, as set forth in the deed from Warren B. Lloyd and wife recotded July 7, 1915 in Book 147, Page 239 of Deeds.

Also except from a portion of said land all minerals and all oil, gas, asphaltum end other hydrocarbon substances lying below a depth of 500 feet from the surface of said land, without the right to enter upon said land or use the surface for any purpose, u excepted in deed recorded December 26, 1967 in Book 3239, Page 69 of Official Records.

ParceJB:

A non-exclusive easement for roadway, pedestrian and vehicular access. ingress and egress over that portion of Perce] 2 of Parcel Map LD-S-303, City of Simi Valley, County of Ventura, Sts.t.8 of California, as per map filed in Book 42, PageS 35 and 36 of Parcel Maps, in tile office of the County Recorder of said County, described as follows:

Beginning at a point in the Northeasterly line of said Parcel 2, said point being distant thereon South 79° 17' 21" East S 1.09 feet from the most Northerly comer of said Parcel 2; Thence along the boundary of said Parcel 2 the following courses:
1st: North 79" 17' 21" West 51.09 feet; Thence
2nd: South 0" 32' 03" West 986.22 feet; Thence
3rd: South 89° 30' 07" East 60.00 feet; Thence
4th: North 0° 32' 03 East 50.00 feet; Thence
Sth: North 13° 30' 12" West 103.07 feet; Thence
6th: North 0°32' 03" East 490.94 feet; Thence leaving said boundary 7th: North 17° 02' 40" East 53.80; Thence
8th: North 0° 32' 03" East 284.63 feet to the point of beginning.

Assessor's Parcel No: 615-0-172-165
16224. 1:5081466.1
54 EXHIBITB

LEGAL DESCRIPTION OF ADJACENT LAND
All that certain real property situated in the County of Ventura, State of California, described as follows:

Parcels 2 and 3 of Parcel Map No. LD-S-303, in the City of Simi Valley, County of Ventura, State of California, as shown on a map filed in Book 42, Pages 35 and 36 of Parcel Maps, in the Office of the County Recorder of said County.

Except from that portion of said land lying within the East half of the West half of the Southeast Quarter of Section 5, Township 2 North, Range 18 West, Rancho Simi, as per map recorded in Book 3, Page 7 of Maps, all oil, gas, petroleum, asphaltum, brea, hydrocBibo~ carbonaceous and other kindred substances and minerals with the right to develop, take, produce, .store and remove the same and the right to explore, sink wells, lay pipes, pipe lines, make roads, erect, operate, use, maintain, repair, and remove derricks, machinery, equipment, houses, tanks, , pipes, casing, pipe lines, stills, poles, telephone and telegraph lines aml equipment and all structures, machinery BI1d appliances usual or proper in canying on the business of producing, storing, treating and marketing oil, gas and associated products, as set forth in the deed from Warren B. Lloyd and wife recorded July 7, 1915 in.Book 147, Page 239 of Deeds.

Also except from a portion of said land all minerals and all oil, gas, asphaltum ~d other hydrocarbon substances lying below a depth of 500 feet from ~e surface of said land, without the right to enter upon said land or use the surface for any pmpose, as excepted in deed - recorded December 26, 1967 in Book 3239, Page 69 of Official Records.

Assessor's Parcel No: 615-0-172-175 and 185
16224,1 ;5081466.1
55 EXHIBIT 3
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62 EXHIBIT 4
EXHIBIT 4
63 CITY OF SIMI VALLEY

MEMORANDUM
AGENDA ITEM NO.

12.A.2.

January 22, 2025
TO: Planning Commission
FROM: Sean Gibson, Deputy Environmental Services Director/City Planner SUBJECT: CONTINUED PUBLIC HEARING TO PLANNING COMMISSION AGENDA ITEM 12.A.2.; A REQUEST TO CONSIDER A CONDITIONAL USE
PERMIT (CUP-S-2023-0011) TO CONSTRUCT A 24,290-SQUARE FOOT

INDUSTRIAL BUILDING, WITH ACCOMPANYING OUTDOOR STORAGE
ON A 3 .84-ACRE LOT; AND A DETERMINATION THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; LOCATED NORTH OF 875 COCHRAN STREET AND APPROXIMATELY
600 FEET WEST OF FIRST STREET
The project, CUP-S-2023-0011 is a 24,290-square foot industrial building, with accompanying outdoor storage over a 3.84-acre parcel, north of 875 Cochran Street (Refer to Exhibit 1 ), was scheduled for Planning Commission Hearing on December 18, 2024. On December 18, 2024, the applicant requested a continuance to address concerns over an existing access easement (Refer to Exhibit 2). As the concerns over the easement are a civil matter amongst neighbors, the Applicant will move forward with the Planning Commission hearing for the development. Due to the lack of a Planning Commission quorum, the December 18, 2024 and January 8, 2025 Planning Commission meetings were canceled and this item was continued to the January 22, 2025 meeting.

The updated resolution is included on Page 4.

INDEX
Public Hearing Procedure .......................................................... .................................... 2 Resolution ...................... .............................................................................................. .. 4 Exhibit A: Legal Description .................................................................................... 10 Exhibit B: Conditions of Approval ........................................... ................................. 11 Exhibit C: VCFD Memorandum, October 10, 2024 ................................................ . 22 Exhibit D: Conditional Use Permit Findings (SVMC § 9-52.070} ............................ 26 Exhibit 1: December 18, 2024 Planning Commission Packet *Omitted Draft Resolution from exhibit to reduce duplication Exhibit 2: December 18, 2024 Written Statement from D. Felbinger Exhibit 3: January 9, 2025 Written Statement from Applicant CUPS20230011 PC Staff Report Continued (mg)
64 1.

2. PLANNING COMMISSION PUBLIC HEARING PROCEDURE
HEARING DATE: January 22, 2025
CUP-S-2023-0011
CHAIRMAN:

STAFF:
a) This is the time and place set for a continued public hearing on the consideration of CUP-S-2023-0011 and the determination that the project is exempt from the
California Environmental Quality Act.
b) Are there any ex parte communications to report?
c) May we have an oral report on this matter by staff?
(Report)

3. ANY

4. 5.

6. 7.

8. 9.

COMMISSIONER: (Questions of staff)
CHAIRMAN:

CHAIRMAN:

CHAIRMAN:

CHAIRMAN:

AUDIENCE:

CHAIRMAN:

We will open the public testimony portion of the hearing.

Would the applicant like to present the project?
Are there any questions for the applicant?
Is there anyone in the Chamber wishing to be heard on
this matter?
(Comments)
a) Are there any comments from staff regarding
statements made during the public hearing? (Check with
Deputy Environmental Services Director/City Planner, and staff members in the audience.)
(b) Would the applicant like to respond to any of the
comments regarding statements made during the public
hearing?
c) If there are no further questions, we will close the public testimony portion of the hearing.
d) Are there any comments or questions from members
of the Planning Commission?

10. ANY
COMMISSIONER: (Comments)
2 CUPS20230011 PC Staff Report Continued (mg)
65 11. CHAIRMAN: May I please have a reading of the Resolution?

12. RECORDING
SECRETARY: (Reads Number and Title of Resolution)

13. CHAIRMAN: The Chair will now entertain a motion.

14. ANY
COMM ISSIONER: I move to adopt a resolution approving CUP-S-2023-0011 or
I move to adopt a resolution denying the project.
[Staff will prepare the resolution for the Planning Commission to ratify at the next meeting.]

15. CHAIRMAN: A motion was made by Commissioner

16. CHAIRMAN: May I have a Second?

17. ANY
COMMISSIONER: I second the motion.

18. CHAIRMAN: Call for the vote.

19. RECORDING
SECRETARY: The motion (passes or fails).

20. CHAIRMAN: The appeal period for the CUP-S-2023-0011 is 14 calendar days.
or

21. ANY
COMMISSIONER: I move continuation of the matter until the meeting of_. or

22. ANY
COMMISSIONER: I move continuation of the matter to a date uncertain.

23. CHAIRMAN: Proceed to the next item.
3 CUPS20230011 PC Staff Report Continued (mg)
66 RESOLUTION NO. SVPC 03-2025

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF SIMI VALLEY APPROVING A CONDITIONAL
USE PERMIT (CUP-S-2023-0011) TO CONSTRUCT A
24,290-SQUARE FOOT INDUSTRIAL BUILDING WITH
ACCOMPANYING OUTDOOR STORAGE ON A 3.84-ACRE
PARCEL NORTH OF 875 COCHRAN STREET AND
APPROXIMATELY 600 FEET WEST OF FIRST STREET;

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. On September 12, 2023, PK:Architecture filed an application on behalf of Coollt Rentals ("Applicant") seeking a Conditional Use Permit (CUP-S-2023-0011) on a

3.84-acre site located north of 875 Cochran Street, and approximately 600 feet west of First Street, designated as Ventura County Assessor's Parcel No. 615-0- 172-345 and by the legal description attached as Exhibit A, and incorporated by reference, to construct a 24,290-square foot industrial building, with accompanying outdoor storage ("project");
B. The application was prepared and reviewed by the Environmental Services Director, or designee (collectively, the "Director'') for, in part, consistency with the General Plan;
C. The City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code § 21000, et seq., "CEQA") and the regulations promulgated thereunder (14 California Code of Regulations § 150000, et seq., the "CEQA Guidelines"), and the City's Environmental Guidelines; D. The Director completed the review and scheduled a public hearing regarding the application before the Planning Commission on December 18, 2024; E. On December 18, 2024, the Planning Commission meeting was cancelled due to a lack of Quorum;
F. On January 8, 2025, the Planning Commission meeting was cancelled due to a lack of Quorum;
G. On January 22, 2025, 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
4 CUPS20230011 PC Staff Report Continued (mg)
67 RES. NO. SVPC 03-2025
H. This Resolution and its findings are made based upon the evidence presented to the Commission at its January 22, 2025 hearing, including, without limitation, the staff report submitted by the Director.

SECTION 2. Conditional Use Findings. SVMC § 9-52.070 requires the following findings:

A. SVMC Compliance.

The proposed industrial building is a permitted use and outdoor storage is allowed with a Conditional Use Permit in the Auto Industrial (Al) zoning district of the West End Specific Plan (WESP). The project is consistent with the WESP and the Simi Valley Municipal Code (SVMC) building height, minimum setback, off-street parking, and landscaping standards as detailed in the Staff Report.

B. General Plan Consistency.

The General Plan land use designation for this site is "Industrial," intended for industrial, office, and research uses (City of Simi Valley General Plan, Chapter 3).

The site is located within the Auto Industrial zone of the WESP, intended for the development of dealerships for new cars, trucks, and recreational vehicles; the operation of businesses which serve to support the vehicle dealerships; and the development of compatible light industrial uses. The building will be used for manufacturing and warehousing, related office uses, and storage, and is therefore consistent with the General Plan land use designation and the WESP. The project is also consistent with the SVMC's and WESP's minimum off-street parking, landscaping, and setback standards.

The project is consistent with the following General Plan goals and policies:

1. General Plan Land Use Goal LU-5: Land Use Compatibility. The proposed manufacture and warehousing is compatible with the existing surrounding uses, which include industrial and office uses, manufacturing, and warehousing. The proposed use has the potential to enhance economic diversity, offering employment opportunities, and contributing revenues to the City. Therefore, the project will comply with this goal.

2. General Plan Land Use Policy LU-4: Employment Opportunities. The project has the potential to house up to six industrial businesses, which has the potential to create local, well-paying employment opportunities. Therefore, the project will comply with this policy.

C. Specific Plan Consistency.

The project is consistent with the following WESP objective:

1. West End Specific Plan Objective for Minimal Conflicts Between Various Uses (1.3.e). The proposed project is an allowed use and compatible with the surrounding industrial uses. The project provides necessary screening from neighboring lots, off-site parking for the proposed uses, and is setback 5 CUPS20230011 PC Staff Report Continued (mg)
68 RES. NO. SVPC 03-2025
significantly from neighboring lots. Therefore, the project complies with this objective.

D. Design Guideline Compliance.

The proposed project complies with the Citywide Design Guidelines (CDG) as follows:

1. CDG Chapter 4 - Screening. Landscaped slopes along the north, south, and east property lines will screen the proposed building and outdoor storage to minimize visual impacts of the new development to surrounding properties.

Therefore, the proposed project complies with this design guideline.

2. CDG Chapter 4 - Architectural Guidelines. The building incorporates horizontal articulation and textured panels, providing building indentations and architectural details. Therefore, the proposed project complies with this design guideline.

3. CDG Chapter 4 - Building Location. The building is located and designed carefully to fit in with the surrounding industrial uses, and will not dominate the existing character of the area. Therefore, the proposed project complies with this design guideline.

E. Compatibility with Existing and Future Land Uses.

The design, location, operating characteristics, and size of the proposed project will not have a significant impact on aesthetics and view protections of the site, in that the proposed project is compatible with the existing industrial buildings to the south and west, utilized for warehousing and manufacturing. A five-building, grayish-beige industrial complex sits to the west and an older two-building industrial development to the south. The proposed building is more similar in style to the existing District industrial condominiums along Cochran Street, directly to the south. The Chevrolet dealership building and car lot are located to the east and the 118 Freeway abuts the parcel to the north.

The proposed building will cover approximately 14.5 percent of the entire lot, while the open storage will take up approximately 66 percent. Development blocks the proposed building and it will not be visible from Cochran Street. Landscaping will further screen the building and open storage from public view.

Thus, the proposed industrial building's design, location, and size is compatible with the existing land uses in the vicinity in terms of aesthetics, character, and scale.

F. Public Health, Safety, and Welfare.

The Applicant must obtain all required building permits from Building and Safety pursuant to the California Building Code Standards and all required permits from the Ventura County Fire Department (VCFD) before occupancy. The Applicant 6 CUPS20230011 PC Staff Report Continued (mg)
69 RES. NO. SVPC 03-2025
must provide a photometric plan to comply with minimum illumination standards for the public parking areas per SVMC § 9-30.040 to ensure minimum illumination standards at nighttime are met, and that the illumination does not spill onto adjacent properties or create glare (Condition A-14). The project will need to meet stormwater retention needs as specified in Conditions 8-6 to *B-9. The Planning Commission, therefore, finds that the public health, safety, and welfare will be protected with implementation of these design conditions.

SECTION 3. Environmental Assessment. Because of the facts set forth in Section 1 , the Director completed a Notice of Exemption, in accordance with the provisions of § 15332 of the California Environmental Quality Act.

SECTION 4. Approval. Subject to the Conditions of Approval attached as Exhibit "B", which are incorporated by reference (the "COA"), the Planning Commission approves CUP-S-2023-0011. The COA incorporates by reference the Ventura County Fire Protection District Conditions (Exhibit C).

SECTION 5. Delegation of Authority. The Director is authorized to make clerical corrections; minor technical changes; and other non-substantive edits to the COA, in a form approved by the City Attorney, to ensure the CUP is properly implemented. Unless substantive changes are required, no additional Planning Commission action is required to ratify such changes.

SECTION 6. Reliance On Record. Each and every one of the findings and determinations set forth in this resolution are based on 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 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 projections. Somewhat related to this are the limitations for 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 to any person requesting a copy.
7 CUPS20230011 PC Staff Report Continued (mg)
70 RES. NO. SVPC 03-2025
SECTION 10. This resolution may be appealed within 14 calendar days after its adoption.

All appeals must be in writing and filed with the City Clerk within this time period. Failure to file a timely written appeal will constitute a waiver of any right of appeal.

PASSED and ADOPTED this 22nd day of January 2025.

Attest:

Megan Grai
Management Assistant
Approved as to Form:

ALGERIA R. FORD, City Attorney
By: ___________ _
Karl H. Berger
Senior Assistant City Attorney
CUPS20230011 PC Staff Report Continued (mg)
8 _______ _ , Chairperson
Planning Commission
Approved as to Content:

Sean Gibson
Deputy Environmental Services Director/
City Planner
71 RES. NO. SVPC 03-2025
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 January 22, 2025, by the following vote:

AYES:

NAYS:

ABSTAIN:

ABSENT:

ATTEST:

Megan Grai
Management Assistant
CUPS20230011 PC Staff Report Continued (mg)
9 72

EXHIBIT A

LEGAL DESCRIPTION

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

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

PARCEL I:

PARCEL C OF PARCEL MAP NO. LD-S-690, IN THE CITY OF SIMI VALLEY, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 72, PAGES 16 TO 18 OF PARCELS MAPS, AND AS AMENDED BY MAP FILED IN BOOK 72, PAGES 50 AND 51 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPT FROM THAT PORTION OF SAID LAND LYING WITHIN THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 2 NORTH, RANGE 18 WEST, RANCHO SIMI, AS PER MAP RECORDED IN BOOK 3, PAGE 7 OF MAPS, ALL OIL, GAS, PETROLEUM, ASPHAL TUM, BREA,

HYDROCARBON, CARBONACEOUS AND OTHER KINDRED SUBSTANCES AND

MINERALS WITH THE RIGHT TO DEVELOP, TAKE, PRODUCE, STORE AND

REMOVE THE SAME AND THE RIGHT TO EXPLORE, SINK WELLS, LAY PIPES, PIPE

LINES, MAKE ROADS, ERECT, OPERATE, USE, MAINTAIN, REPAIR, AND REMOVE

DERRICKS, MACHINERY, EQUIPMENT, HOUSES, TANKS, PIPES, CASING, PIPE

LINES, STILLS, POLES, TELEPHONE AND TELEGRAPH LINES AND EQUIPMENT

AND ALL STRUCTURES, MACHINERY AND APPLIANCES USUAL OR PROPER IN

CARRYING ON THE BUSINESS OF PRODUCING, STORING, TREATING AND

MARKETING OIL, GAS AND ASSOCIATED PRODUCTS, AS SET FORTH IN THE DEED FROM WARREN B. LLOYD AND WIFE RECORDEDJULY7, 1915 IN BOOK 147, PAGE 239 OF DEEDS.

ALSO EXCEPT FROM A PORTION OF SAID LAND ALL MINERALS AND ALL OIL, GAS,

ASPHAL TUM AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF SAID LAND, WITHOUT THE RIGHT TO

ENTER UPON SAID LAND OR USE THE SURFACE FOR ANY PURPOSE, AS EXCEPTED IN DEED RECORDED DECEMBER 26, 1967 IN BOOK 3239, PAGE 69 OF OFFICIAL RECORDS.

PARCEL II:

AN EASEMENT FOR VEHICULAR, PEDESTRIAN, MAINTENANCE AND REPAIR

HEREAFTER CONSTRUCTED AND CONSISTING A PART OF THE EASEMENT AREAS OF PARCEL A AND PARCEL B OF PARCEL MAP NO. LD-S-303, SHOWN AND

DEPICTED IN THAT RECIPROCAL EASEMENT GRANT AND AGREEMENT WITH COVENANTS CONDITIONS AND RESTRICTIONS, RECORDED APRIL 30, 20190430- 00046885-0 OF OFFICIAL RECORDS.
10 CUPS20230011 PC Staff Report Continued (mg)
73 CASE NO.:

APPLICANT:

CUP-S-2023-0011
Coollt Rentals

PROJECT PERMIT CONDITIONS
RES. NO. SVPC 03-2025

EXHIBIT B
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 successor and assigns thereto. These conditions are deemed to touch and concern the real property, which is the subject hereof, and will run with the land. Compliance with these conditions must be maintained for the life of the permit. 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 SVMC. This condition serves as notice, pursuant to Government Code§ 66020(d) that the City is imposing development impact fees (DIFs) upon the project in accordance with the Mitigation Fee Act (Government Code§ 66000, et seq.) and the SVMC. The permittee is informed that it may protest DIFs in accordance with Government Code§ 66020.

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

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

GC.5 This decision is not effective until Permittee acknowledges acceptance of all project conditions and any appeal period has lapsed, or a waiver of right to appeal 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.
11 CUPS20230011 PC Staff Report Continued (mg)
74 RES. NO. SVPC 03-2025
CASE NO.: CUP-S-2023-0011
Coollt Rentals APPLICANT:

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 AP1 - Cover Sheet; Sheet AP2.1 - Overall Site Plan; AP2.2 - Miscellaneous Details; Sheet AP2 - Site Plan; Sheet AP3 - Floor Plan; Sheet AP5 - Building Elevations; Sheet 1 - Title Sheet; Sheet 2 - Engineered Site Plan; Sheet 5 - Protected Tree Exhibit; Sheet L 1.1 - Preliminary Landscape Plan; and Sheet L 1.2 - Preliminary Plant Images, dated May 2, 2024; Colors and Materials Board, dated January 30, 2024; and Arborist Report, dated April 27, 2023.

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 The 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 Simi Valley Municipal Code ("SVMC").

A-4 Anything which is not shown on the application/plans, or which is not specifically approved, or which is not in compliance with this CUP, is not approved. Any application and/or plans which are defective as to, without limitation, omIssIon, dimensions, scale, use, colors, materials, encroachments, easements, renders any entitlement null and void.

A-5 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, its assignees or successors in interest.

A-6 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.
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A-7
A-8
Permittee must provide to the Deputy Environmental Services Director/City Planner a copy of all conditions of approval recorded with the Ventura County Recorder's Office.

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

A-9 Permittee must submit to the Environmental Services Director/City Planner for review and approval of a trash and recycling enclosure plan. The Director will review the enclosure plan for compliance with the following criteria:
a. The enclosure must incorporate the same architectural treatment and use the same approved exterior colors and the materials of the main building;
b. The enclosure must incorporate an opaque gate and include a solid roof, which will be designed to preclude trash from being blown out of the bins;
c. The height of the enclosure walls and gate must be the same or greater than the height of the bins within the enclosure; and d. Except when the bins are being accessed, the bins must be stored at all times within the enclosure with the gate closed.

A-10 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 (utility equipment);
b. Screening design and location for all above-ground utility equipment by method of 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 be not feasible;
f. Depiction of the Traffic Sight Safety Area (TSSA); and g. Location of all above-ground utility equipment outside of the TSSA.

A-11 In the event of the encounter of subsurface materials suspected to be of an archaeological or paleontological nature, all grading or excavation must cease in the immediate area, and the find left untouched . Permittee must select and provide a qualified professional archaeologist certified by the 13 CUPS20230011 PC Staff Report Continued (mg)
76 RES. NO. SVPC 03-2025
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Coollt Rentals APPLICANT:

B.

Register of Professional Archaeologists or paleontologist with a degree(s) in paleontology or geology to evaluate and make recommendations as to disposition, mitigation and/or salvage. The recommendation must be implemented before work may proceed. Permittee will be liable for all costs associated with the professional investigation and implementation.

A-12 Before the time of occupancy inspection, Permittee must provide to the Deputy Environmental Services Director/City Planner 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-13 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-14 Permittee must submit photometric and luminaire plans which comply with Simi Valley Municipal Code§ 9-30.040. All exterior light fixtures depicted on this plan must have fully recessed lenses and cut-off features that limit illumination at the property line to 0.5 footcandles. A note will be placed on the plan that states: "All downcast fight fixtures will be installed and permanently maintained in a horizontal position".
* A-15 Permittee must not store materials within 70 feet of the northern property line, against the 118 Freeway.
* A-16 Permittee must maintain a height of 15 feet or less for outdoor storage at all times.

PUBLIC WORKS CONDITIONS:

General
B-1 Permittee must obtain an encroachment permit from the Public Works Director or Designee for construction of public easement or right-of-way.

Before a permit is issued, 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 must be provided in a form and amount acceptable to the City Engineer.

B-2 Before occupancy, Permittee must complete all improvements per the accepted plans and approved conditions, and must obtain acceptance for the improvements by the City Engineer.

B-3 Before requesting a final inspection for release of securities, Permittee must submit record drawings, certifications, final soils report, and digital file(s) of record drawings in an ESRI Info or DXF formal compatible with the City GIS database to the Director of Public Works, or designee.

Grading
B-4 Before the City Engineer issues a grading permit, Permittee must submit a site paving, drainage, and grading plan, subject to review and approval by the City Engineer. The plans must be in conformance with Chapter 7 of the 14 CUPS20230011 PC Staff Report Continued (mg)
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Coollt Rentals
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Ventura County Land Development Manual adopted by City Council Resolution No. 69-8. The 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. Upon acceptance of the soils report by the City Engineer, Permittee must submit digital files of the report and all comments, responses, references, and supporting data to the City Engineer.

Before the City Engineer issues a grading permit, Permittee must post improvement securities for all grading, pay all applicable fees, and provide insurance documentation in a form acceptable to the City Engineer.

Drainage
B-6 Before the City Engineer issues a grading permit, Permittee must provide a final drainage study prepared by a California State Registered Civil Engineer. The study must include hydrologic and hydraulic calculations and must comply with the City of Simi Valley Drainage Study Guidelines, Goal VII I 3 of the General Plan, the Ventura County Hydrology Manual, and the Ventura County Technical Guidance Manual for Stormwater Quality Measures.

B-7 Permittee must incorporate stormwater 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. For projects of 10 acres or more of developable area, the unit volume method must be used. Detention facilities must be privately maintained by the property owner(s) or homeowner( s) association.
*B-8 Before the City Engineer issues a grading permit, Permittee must prepare a Storm Water Pollution Prevention Plan (SWPPP) and must incorporate permanent stormwater quality treatment devices into the site improvements for review and approval by the City Engineer. The SWPPP must be prepared and implemented to comply with:
a. State Water Resources Control Board Order No. 2009-0009-DWQ, Order No. CAS000002, "National Pollution Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities". b. California Regional Water Quality Control Board, Los Angeles Region, Order No. R4-2010-0108, NPDES Permit No. CAS004002 'Waste Discharge Requirements for Storm Water (Wet Weather) and Non­ Storm (Dry Weather) Discharges from Municipal Separate Storm Sewer Systems within Ventura County Watershed Protection District, County 15 CUPS20230011 PC Staff Report Continued (mg)
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CUP-S-2023-0011
Coollt Rentals
of Ventura and the Incorporated Cities Therein" for a SWPPP. A Notice of Intent (NOi) shall be submitted to the Los Angeles Regional State Water Resources Control Board to comply with the General Permit No.

CAS004002.
c. A Notice of Intent (NOi) shall be submitted to the Los Angeles Regional State Water Resources Control Board to comply with General Permit No. 2009-0009-DWQ.

Permittee must identify pollutant sources and must include the design and recommended construction, implementation, and maintenance measures to eliminate or reduce the discharges of pollutants from the project site into the public storm drain system during and after the construction period. *B-9 Before occupancy, Permittee must submit to the City Engineer for review, and shall execute and record upon approval, a Deed Restriction Covenant and an Agreement regarding Storm Drains, Stormwater Detention, and Stormwater Treatment Device Maintenance ("Stormwater Agreement").

The Agreement must be consistent with the current Technical Guidance Manual for Stormwater Quality Control Measures of the Ventura County Stormwater Quality Management Program.

Traffic
*B-10 Permittee must design and construct any landscaping to incorporate and provide for the minimum safe vehicle/driver sight distances within circulating roadways, restricting the height of any planting material to 30 inches or less within the driver's sight distance area.
*B-11 Permittee must design and construct all on-site traffic circulation elements and traffic control devices (e.g. pavement delineation, signage) in accordance with the California Manual on Uniform Traffic Control Devices, latest edition.
*B-12 Permittee must pay the Traffic Impact Fee specified in the City of Simi Valley Schedule of Service Charges in effect at the time of payment, as stated in the current Traffic Impact Fee Resolution. The total fee is based on daily vehicle trip ends, with the project forecast to generate 118 daily trip ends.

Transit
B-13 Permittee must inform the Transit Division at least 72 hours before the start of construction at the project location.

Waterworks District 8
B-14 Permittee must design all public water facilities to comply with the Rules and Regulations of the District, per Resolution No. WWD-2, and the Water Design and Construction Standards Manual adopted by the Board of Directors of District on July 26, 2021, and subsequent revisions. 16 CUPS20230011 PC Staff Report Continued (mg)
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B-15
CUP-S-2023-0011
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RES. NO. SVPC 03-2025
Permittee must include language in the CC&R documenting that the on-site fire line is privately owned and maintained by the property owners, before final approval of tract or parcel map. Permittee must provide an approved copy to the Director of Public Works or designee.

B-16 Permittee must apply for, and obtain, a Water Will-Serve Letter from the Director of Public Works or designee.

B-17 Before issuance of a Water Will-Serve Letter, Permittee must submit Water Improvement Plans to the Public Works Director or designee for review and approval. The Water Improvement Plans must show the domestic, irrigation, fire line connections, and backflow prevention assemblies.

B-18 Permittee must submit to the Ventura County Fire Protection District (VCFPD) to review and approve the locations of existing and proposed fire hydrants on the Water Improvement Plans before approval by the Public Works Director or designee.

B-19 Permittee must locate backflow prevention assemblies on private property as close as practical to the meter, but no further than ten (10) feet from the public-right-of way or District's easement.

B-20 Before issuance of a Water Will-Serve Letter, Permittee must submit a Water Supply Fixture Unit (WSFU) count in accordance with the latest version of the California Plumbing Code to the Director of Public Works or designee.

B-21 Before issuance of a Water Will-Serve Letter, Permittee must submit form VCFPD FORM 625 with authorized signatures from VCFPD and the District.

B-22 Before issuance of a Water Will-Serve Letter, Permittee must pay the capital improvement charge for water service to the City Engineer. Actual fees will be determined at the time of payment.

B-23 Before installation of landscaping or issuance of a Certificate of Occupancy (COO), whichever comes first, Permittee must purchase and install the domestic and irrigation water meters.

Sanitation
B-24 Permittee must submit a utility plan and obtain approval from the Public Works Director or designee, showing the proposed sewer connecting to the sewer manhole at the west terminus on Cochran Street, designed per the Manual and Standard Plans for the Design and Construction of Sanitary Sewerage Facilities adopted by the City Council of the City of Simi Valley on August 28, 2006, and subsequent revisions.

B-25 Before issuance of a building permit, Permittee must apply for and obtain Sewer Will-Serve Letter from the City Engineer.
17 CUPS20230011 PC Staff Report Continued (mg)
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8-26 Before issuance of the Sewer Will-Serve Letter, Permittee must pay the sewer connection fees and all applicable fees for a Full-Service restaurant based on the number of seats to the City Engineer. Credits may apply and actual fees will be determined at the time of payment.

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 City of Simi Valley Landscape Design Guidelines; b. Comply with the conceptual landscape plan as approved by the Planning Commission;
c. 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 latest adopted version of the California State Model Water Efficient Landscape Ordinance;
d. Comply with the approved site plan and Public Works grading and improvement plans;
e. Include an agronomic soils report as specified in the latest adopted version of the California State Model Water Efficient Landscape Ordinance. The soils report must be based on soil conditions after the establishment of final grades, and final landscape plans must incorporate the report recommendations;
f. Include a Water Efficient Landscape Worksheet with each submittal of landscape and irrigation plans;
g. Show all protected trees pursuant to§ 9-38.050 of the SVMC; h. 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;
i. 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; and
j. Clearly identify required temporary landscape-related improvements and irrigation (e.g., for erosion control), separately from permanent systems.
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C-2
C-3
All landscaping must be low water use, with drought-tolerant plant materials irrigated by a low-precipitation or drip-irrigation system. Materials must be from the Water Use Classification of Landscape Species (WUCOLS) Low Water-Using Plant List, and the irrigation system will utilize in-ground moisture sensors, which are connected to the automatic controller governing the rate and frequency of irrigation.

Before the issuance of 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 must not remove any of the mature trees before the commencement of any grading.

C-4 Permittee must protect and preserve all protected trees on the site from the date of this approval until final inspection or 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 the permit, Permittee must mitigate the loss of all protected trees, relocated trees, and trees identified on the Final Landscape Plan, pursuant to Title 9, Chapter 38, of the SVMC and the City's Landscape Design Guidelines.

C-6 Before the Building Official issues a Certificate of Occupancy or a Final Inspection request, whichever comes first, Permittee must:
a. Install all landscaping 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-7 For the lifetime of this permit, Permittee must maintain landscaping in compliance with the following standards:
a. All tree pruning must conform to the current arboricultural pruning guidelines including, without limitation, Tree Care Industry Association, ANSI A300 Standards;
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b.

C.

CUP-S-2023-0011
Coollt Rentals
RES. NO. SVPC 03-2025
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 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 CONDITIONS:

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 9, 2024 (Exhibit C), which is incorporated by reference.

END OF ALL CONDITIONS
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AFFIDAVIT
RES. NO. SVPC 03-2025
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 Environmental Services Director or designee in its approval of CUP-S-2023-0011. 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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•

VENTURA COUNTY

FIRE DEPARTMENT
DATE: October 10, 2024
RES. NO. SVPC 03-2025

EXHIBIT C
Fire Prevention Bureau
2400 Conejo Spectrum St. Thousand
Oaks, CA 91320
Office (805) 389-9738
[email protected]
TO:

FROM:

Zarui Chaparyan, Associate Planner
Alan Dearden, Senior Fire Inspector
PROJECT NUMBER:

FIRE DEPT. RECORD:

APPLICANT:

LOCATION:

DESCRIPTION:

CUP-S-2023-0011
FPLN23-00332
Alan Grofsky
861 E. Cochran St.

New 24,290sf. Industrial Building
Complete - This project has been reviewed by the Ventura County Fire Protection District and is found to be complete.

Fire Department Clearance - Applicant shall submit VCFD Form #610, Fire Permit Application, prior to obtaining a building permit for any new structures.

Fire-Flow (Commercial, Industrial, Multi-family buildings) - The minimum fire-flow required shall be determined as specified by the current adopted edition of the California Fire Code Appendix B with adopted Amendments and the applicable Waterworks Manual for the jurisdiction (whichever is more restrictive). The applicant shall verify that the water purveyor can provide the required fire flow, of 1,000 gallons per minute at 20 psi for a minimum 3-hour duration, prior to obtaining a building permit by having them fill out VCFD Form #625, Fire-Flow Verification.

Private Roads/Driveways - Private roads and driveways shall comply with Public Road Standards, VCFPD Ordinance 29, and VCFPD Standard 501.

Aerial Apparatus Access - Private roads shall comply with Public Road Standards.

Multi-Family, Commercial, or Industrial Buildings or portions of buildings or facilities exceeding 30-feet in height above the lowest level of fire department access shall require an approved aerial ladder fire apparatus access road. The highest roof surface shall be determined by measurement to the eave of a pitched roof, the intersection of the roof to the exterior wall, or the top of parapet walls, whichever is greater. One aerial apparatus access road shall be provided per 50,000 square feet of building area. Aerial apparatus access roads shall have a minimum unobstructed width of 30 feet, exclusive of shoulders.

Required aerial apparatus access roads shall be located within a minimum of 15 feet and 22 CUPS20230011 PC Staff Report Continued (mg)
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a maximum of 30 feet from the building. Aerial apparatus access roads shall be positioned such that they are parallel to the entire side of the building. The side of the building on which the aerial fire apparatus access road is positioned shall be along the longest side of the building, unless otherwise approved by the fire code official. Parking shall be prohibited along the required width of the access roads. Overhead utility and power lines shall not be located within the aerial ladder fire apparatus access roads. Landscaping and other improvements between the required access and the buildings shall not interfere with aerial ladder fire apparatus operations, as approved by the fire district.

Access Road and Private Roads Width - Private roads shall comply with Public Road Standards. Minimum access road width of 24 feet shall be required with no on-street parking permitted.

Turning Radius - The access road shall be of sufficient width to allow for a 40-foot centerline turning radius at all turns in the road.

Road Surface Construction and Grade Limitations - Fire apparatus access roads serving commercial and industrial occupancies shall have a structural cross section and surface complying with the public road standards for the jurisdiction in which the project is located and grades shall not exceed 10%.

Vertical Curve - The vertical curve of a fire apparatus access road serving commercial and industrial occupancies shall not allow for transitions between grades that exceed 6% elevation change along any 10-foot section. These transitions shall include angle of approach, angle of departure, and high centering of fire apparatus.

Vertical Clearance -All access roads/driveways shall have a minimum vertical clearance of 13 feet 6 inches (13' 6"). Clear of building to sky.

Dead-end Roads and Secondary Access. The maximum length of dead-end roads shall not exceed 800 feet. Two means of ingress/egress shall be provided in accordance with VCFPD access standards.

Secondary Access - When secondary access is required, the width, grade, vertical and horizontal curves, and construction standards shall be the same as required for the primary access road. The minimum separation of primary and secondary access roads in areas determined non-hazardous fire areas shall be 300 feet. Separation shall be measured at the point which each road terminates at a location where a vehicle operator can choose two independent directions in which to travel.

Access Covenant - A covenant and deed restriction upon parcels 615-00172-345, 615- 0-172-335, and the common areas of 615-53 shall be recorded and a copy of the recorded document shall be provided to the Fire District within (7) days of recordation. This covenant shall require upon the sale of any of these parcels, a reciprocal access easement be recorded on all parcels who share the access road. A covenant shall be placed upon multiple parcels served by the same fire apparatus access roads that are under the same ownership. This easement shall allow for an access road meeting all 23 CUPS20230011 PC Staff Report Continued (mg)
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RES. NO. SVPC 03-2025
Ventura County Fire Protection District access standards and shall be approved by the Ventura County Fire Protection District prior to recordation.

Access Road Gates - Any gates to control vehicle access are to be located to allow a vehicle waiting for entrance to be completely off the intersecting roadway. A minimum clear open width of 15-feet in each direction shall be provided for separate entry/exit gates and a minimum 20-feet for combined entry/exit gates. If gates are to be locked, a Knox system shall be installed. The method of gate control, including operation during power failure (battery back-up), shall be subject to review by the Fire Prevention Division. Gate plan details shall be submitted to the Fire District for approval prior to installation. A final acceptance inspection by the Fire District is required prior to placing any gate into service.

Fire Lanes - Prior to construction the applicant shall submit two (2) site plans to the Fire District for approval of the location of fire lanes. Prior to occupancy, all fire lanes shall be posted "NO PARKING-FIRE LANE-TOW AWAY" in accordance with California Vehicle Code, the California Fire Code and current VCFPD Fire Lane Standards. All signs and or Fire Lane markings shall be within recorded access easements.

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

Fire Hydrant Design (Commercial, Industrial, Multi-family buildings) - Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Ventura County Waterworks Manual and the following. • Each hydrant shall be a 6-inch wet barrel design and shall have one 4-inch and two 2 %-inch outlets.
• The required fire flow shall be achieved at no less than 20-psi residual pressure. • Fire hydrants shall be set back from the curb face 24 inches on center. • No obstructions, including walls, trees, lights, signposts, and meters shall be placed within three feet of any hydrant.
• A concrete pad shall be installed extending 18 inches in all directions from the fire hydrant.
• Ground clearance to the lowest operating nut shall be between 18 to 24 inches.

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

Fire Sprinklers - All structures shall be provided with an automatic fire sprinkler system in accordance with California Building Code and California Fire Code requirements, and 24 CUPS20230011 PC Staff Report Continued (mg)
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RES. NO. SVPC 03-2025
current Ventura County Fire Ordinance at time of building permit application. For buildings of undetermined use with a ceiling height of over 20 feet, the system shall be designed as Extra Hazard Group 1, with a density of 0.33 square feet and a minimum design area of 3,000 square feet.

Water System Plans - Plans for water systems supplying fire hydrants and/or fire sprinkler systems and not located within a water purveyor's easement, shall be submitted to the Fire District for review and approval prior to issuance of grading and/or building permits or signing of grading plans, whichever is first. Plans shall reflect only dedicated private fire service lines and associated appurtenances. Plans shall be designed and submitted in accordance with VCFPD Standards.

Fire Alarm System - A fire alarm system shall be installed in all buildings in accordance with the California Building Code and California Fire Code requirements.

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

Fire Code Permits - Applicant and/or tenant shall obtain all applicable Operational Fire Code Permits prior to occupancy or use of any system or item requiring an operational permit in accordance with Section 105 of the California Fire Code.

Emergency Lighting and Exit Signs - Emergency lighting and exit signage shall be installed in all buildings in accordance with the California Building Code and California Fire Code requirements.

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

Trash Dumpster Locations - Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within 5 feet of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic fire sprinklers.

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

In the event a structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance on an elevated post. Individual unit numbers shall be a minimum of 4-inches in height and shall be posted at the front and rear entrance to each unit. Additional address directional signs may be required at common building entrances and stairways.
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Conditional Use Permit (SVMC § 9-52.070)
RES. NO. SVPC 03-2025

EXHIBIT D
G. Findings and decision. Following a public hearing, the applicable review authority may approve, conditionally approve, or disapprove an application for a Conditional Use Permit and shall record the decision and the findings upon which the decision is based. The review authority may approve a Conditional Use Permit only after first finding that:
1 . The proposed use is allowed with a Conditional Use Permit within the applicable zoning district or with an Administrative Use Permit as identified in Subsection E (Administrative Use Permits), above, and complies with all applicable provisions of this Development Code;

2. The proposed us~ is consistent with the purpose, intent, goals, policies, programs, and land use designations of the General Plan and any applicable specific plan;

3. The proposed site plan and design would ensure consistency with applicable design guidelines;

4. The design, location, operating characteristics, and size of the proposed use would be compatible with the existing and future land uses in the vicinity, in terms of aesthetics, character, scale and view protection; and

5. The proper standards and conditions have been imposed which protect the public safety, health, and welfare.
(§ 5, Ord. 1085, eff. January 6, 2006, as amended by Exh. A, Ord. 1147, eff. August 20, 2009; § 2 (Exh. A), Ord. No. 1183, eff. March 15, 2012; § 2 (Exh. A), Ord. No. 1322, eff. July 8, 2021 and § 2(Exh. A), Ord. No. 1327, eff. November 11, 2021) 26 CUPS20230011 PC Staff Report Continued (mg)
89 EXHIBIT 5
EXHIBIT 5
90 CITY OF SIMI VALLEY

MEMORANDU M
TO: Planning Commission

SUPPLEMENTAL
AGENDA ITEM NO.

12.A.2.

January 22, 2025
FROM: Sean Gibso~ puty Environmental Services Director/City Planner SUBJECT: SUPPLEMENT TO PLANNING COMMISSION AGENDA ITEM 12.A.2; A REQUEST TO CONSIDER A CONDITIONAL USE PERMIT (CUP-S-2023- 0011) TO CONSTRUCT A 24,290-SQUARE FOOT INDUSTRIAL
BUILDING, WITH ACCOMPANYING OUTDOOR STORAGE ON A 3.84-
ACRE LOT; AND A DETERMINATION THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; LOCATED
NORTH OF 875 COCHRAN STREET AND APPROXIMATELY 600 FEET

WEST OF FIRST STREET
Subsequent to the preparation of the Staff Report, Staff has updated Resolution SVPC No. 03-2025 to include Condition *A-17:
*A-17 The "Future Sign• depicted on the site plan (Sheet AP2.1 -- Overall Site Plan; Sheet 1 - Title Sheet; Sheet 2 - Engineered Site Plan; Sheet 5 - P rotected Tree Exhibit; Sheet L 1.1 - Preliminary Landscape Plan, dated May 2, 2024) is not a part of this approval. All project signage is subject to future review and approval as defined in the SVMC.

The condition is being added to clarify that the depiction of the future sign on the site plan was not analyzed by staff as signs are nonnally reviewed at a ministerial level under the provisions of the Simi Valley Municipal Code.

The Planning Division also received the following correspondence:
1) Correspondence from Ervin, Cohen & Jessup LLP, dated January 14, 2025 and January 20, 2025.
2) Correspondence from Doug Felbinger (property owner to the west of the project site), dated January 21, 2025.

A copy of the City Attorney's response to the January 20, 2025, letter from Ervin, Cohen & Jessup, LLP is attached. In short, the Planning Commission does not determine private property rights; it may move forward with the public hearing to consider the land use application.

S-1
CUPS20230011 PC Staff Report Supplemental (mg)
91 Attachments:

Exhibit 1: Updated Resolution SVPC 03-2025
Exhibit 2: Correspondence from Ervin, Cohen & Jessup, LLP dated January 14, 2025 Exhibit 3: Correspondence from Ervin, Cohen & Jessup, LLP dated January 20, 2025 Exhibit 4: Correspondence from Doug Felbinger, dated January 21, 2025 Exhibit 5: Correspondence from City Attorney, dated January 20, 2025 S-2
CUPS20230011 PC Staff Report Supplemental (mg)
92 RESOLUTION NO. SVPC 03-2025

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF SIMI VALLEY APPROVING A CONDITIONAL
USE PERMIT (CUP-S-2023-0011) TO CONSTRUCT A
24,290-SQUARE FOOT INDUSTRIAL BUILDING WITH
ACCOMPANYING OUTDOOR STORAGE ON A 3.84-ACRE
PARCEL NORTH OF 875 COCHRAN STREET AND
APPROXIMATELY 600 FEET WEST OF FIRST STREET;

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. On September 12, 2023, PK:Architecture filed an application on behalf of Coollt Rentals ("Applicant") seeking a Conditional Use Permit (CUP-S-2023-0011) on a

3.84-acre site located north of 875 Cochran Street, and approximately 600 feet west of First Street, designated as Ventura County Assessor's Parcel No. 615-0- 172-345 and by the legal description attached as Exhibit A, and incorporated by reference, to construct a 24,290-square foot industrial building, with accompanying outdoor storage ("project");
B. The application was prepared and reviewed by the Environmental Services Director, or designee (collectively, the "Director"} for, in part, consistency with the General Plan;
C. The City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code§ 21000, et seq., "CEQA") and the regulations promulgated thereunder (14 California Code of Regulations § 150000, et seq., the "CEQA Guidelines"), and the City's Environmental Guidelines; D. The Director completed the review and scheduled a public hearing regarding the application before the Planning Commission on December 18, 2024; E. On December 18, 2024, the Planning Commission meeting was cancelled due to a lack of Quorum;
F. On January 8, 2025, the Planning Commission meeting was cancelled due to a lack of Quorum;
G. On January 22, 2025, 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
1 CUPS20230011 PC Staff Report Continued (mg)
93 RES. NO. SVPC 03-2025
H. This Resolution and its findings are made based upon the evidence presented to the Commission at its January 22, 2025 hearing, including, without limitation, the staff report submitted by the Director.

SECTION 2. Conditional Use Findings. SVMC § 9-52.070 requires the following findings:

A. SVMC Compliance.

The proposed industrial building is a permitted use and outdoor storage is allowed with a Conditional Use Permit in the Auto Industrial (Al) zoning district of the West End Specific Plan (WESP). The project is consistent with the WESP and the Simi Valley Municipal Code (SVMC) building height, minimum setback, off-street parking, and landscaping standards as detailed in the Staff Report.

B. General Plan Consistency.

The General Plan land use designation for this site is "Industrial," intended for industrial, office, and research uses (City of Simi Valley General Plan, Chapter 3).

The site is located within the Auto Industrial zone of the WESP, intended for the development of dealerships for new cars, trucks, and recreational vehicles; the operation of businesses which serve to support the vehicle dealerships; and the development of compatible light industrial uses. The building will be used for manufacturing and warehousing, related office uses, and storage, and is therefore consistent with the General Plan land use designation and the WESP. The project is also consistent with the SVMC's and WESP's minimum off-street parking, landscaping, and setback standards.

The project is consistent with the following General Plan goals and policies:

1. General Plan Land Use Goal LU-5: Land Use Compatibility. The proposed manufacture and warehousing is compatible with the existing surrounding uses, which include industrial and office uses, manufacturing, and warehousing. The proposed use has the potential to enhance economic diversity, offering employment opportunities, and contributing revenues to the City. Therefore, the project will comply with this goal.

2. General Plan Land Use Policy LU-4: Employment Opportunities. The project has the potential to house up to six industrial businesses, which has the potential to create local, well-paying employment opportunities. Therefore, the project will comply with this policy.

C. Specific Plan Consistency.

The project is consistent with the following WESP objective:

1. West End Specific Plan Objective for Minimal Conflicts Between Various Uses (1.3.e). The proposed project is an allowed use and compatible with the surrounding industrial uses. The project provides necessary screening from neighboring lots, off-site parking for the proposed uses, and is setback 2 CUPS20230011 PC Staff Report Continued (mg)
94 RES. NO. SVPC 03-2025
significantly from neighboring lots. Therefore, the project complies with this objective.

D. Design Guideline Compliance.

The proposed project complies with the Citywide Design Guidelines (COG) as follows:

1. COG Chapter 4 - Screening. Landscaped slopes along the north, south, and east property lines will screen the proposed building and outdoor storage to minimize visual impacts of the new development to surrounding properties.

Therefore, the proposed project complies with this design guideline.

2. CDG Chapter 4 - Architectural Guidelines. The building incorporates horizontal articulation and textured panels, providing building indentations and architectural details. Therefore, the proposed project complies with this design guideline.

3. COG Chapter 4 - Building Location. The building is located and designed carefully to fit in with the surrounding industrial uses, and will not dominate the existing character of the area. Therefore, the proposed project complies with this design guideline.

E. Compatibility with Existing and Future Land Uses.

The design, location, operating characteristics, and size of the proposed project will not have a significant impact on aesthetics and view protections of the site, in that the proposed project is compatible with the existing industrial buildings to the south and west, utilized for warehousing and manufacturing. A five-building, grayish-beige industrial complex sits to the west and an older two-building industrial development to the south. The proposed building is more similar in style to the existing District industrial condominiums along Cochran Street, directly to the south. The Chevrolet dealership building and car lot are located to the east and the 118 Freeway abuts the parcel to the north.

The proposed building will cover approximately 14.5 percent of the entire lot, while the open storage will take up approximately 66 percent. Development blocks the proposed building and it will not be visible from Cochran Street. Landscaping will further screen the building and open storage from public view.

Thus, the proposed industrial building's design, location, and size is compatible with the existing land uses in the vicinity in terms of aesthetics, character, and scale.

F. Public Health, Safety, and Welfare.

The Applicant must obtain all required building permits from Building and Safety pursuant to the California Building Code Standards and all required permits from the Ventura County Fire Department (VCFD) before occupancy. The Applicant 3 CUPS20230011 PC Staff Report Continued (mg)
95 RES. NO. SVPC 03-2025
must provide a photometric plan to comply with minimum illumination standards for the public parking areas per SVMC § 9-30.040 to ensure minimum illumination standards at nighttime are met, and that the illumination does not spill onto adjacent properties or create glare (Condition A-14). The project will need to meet stormwater retention needs as specified in Conditions B-6 to *B-9. The Planning Commission, therefore, finds that the public health, safety, and welfare will be protected with implementation of these design conditions.

SECTION 3. Environmental Assessment. Because of the facts set forth in Section 1, the Director completed a Notice of Exemption, in accordance with the provisions of § 15332 of the California Environmental Quality Act.

SECTION 4. Approval. Subject to the Conditions of Approval attached as Exhibit "B", which are incorporated by reference (the "COA''), the Planning Commission approves CUP-S-2023-0011. The COA incorporates by reference the Ventura County Fire Protection District Conditions (Exhibit C).

SECTION 5. Delegation of Authority. The Director is authorized to make clerical corrections; minor technical changes; and other non-substantive edits to the COA, in a form approved by the City Attorney, to ensure the CUP is property implemented. Unless substantive changes are required, no additional Planning Commission action is required to ratify such changes.

SECTION 6. Reliance On Record. Each and every one of the findings and determinations set forth in this resolution are based on 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 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 projections. Somewhat related to this are the limitations for 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 to any person requesting a copy.
4 CUPS20230011 PC Staff Report Continued (mg)
96 RES. NO. SVPC 03-2025
SECTION 10. This resolution may be appealed within 14 calendar days after its adoption.

All appeals must be in writing and filed with the City Clerk within this time period. Failure to file a timely written appeal will constitute a waiver of any right of appeal.

PASSED and ADOPTED this 22nd day of January 2025.

Attest:

Megan Grai
Management Assistant
Approved as to Form:

ALGERIA R. FORD, City Attorney
By: _______ _ _ __ _
Karl H. Berger
Senior Assistant City Attorney
CUPS20230011 PC Staff Report Continued (mg)
5 ________ , Chairperson
Planning Commission
Approved as to Content:

Sean Gibson
Deputy Environmental Services Director/
City Planner
97 RES. NO. SVPC 03-2025
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 January 22, 2025, by the following vote:

AYES:

NAYS:

ABSTAIN:

ABSENT:

ATTEST:

Megan Grai
Management Assistant
CUPS20230011 PC Staff Report Continued (mg)
6 98

EXHIBIT A

LEGAL DESCRIPTION

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

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

PARCEL I:

PARCEL C OF PARCEL MAP NO. LD-S-690, IN THE CITY OF SIMI VALLEY, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 72, PAGES 16 TO 18 OF PARCELS MAPS, AND AS AMENDED BY MAP FILED IN BOOK 72, PAGES 50 AND 51 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPT FROM THAT PORTION OF SAID LAND LYING WITHIN THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 2 NORTH, RANGE 18 WEST, RANCHO SIMI, AS PER MAP RECORDED IN BOOK 3, PAGE 7 OF MAPS, ALL OIL, GAS, PETROLEUM, ASPHAL TUM, BREA,

HYDROCARBON, CARBONACEOUS AND OTHER KINDRED SUBSTANCES AND

MINERALS WITH THE RIGHT TO DEVELOP, TAKE, PRODUCE, STORE AND

REMOVE THE SAME AND THE RIGHT TO EXPLORE, SINK WELLS, LAY PIPES, PIPE

LINES, MAKE ROADS, ERECT, OPERATE, USE, MAINTAIN, REPAIR, AND REMOVE

DERRICKS, MACHINERY, EQUIPMENT, HOUSES, TANKS, PIPES, CASING, PIPE

LINES, STILLS, POLES, TELEPHONE AND TELEGRAPH LINES AND EQUIPMENT

AND ALL STRUCTURES, MACHINERY AND APPLIANCES USUAL OR PROPER IN

CARRYING ON THE BUSINESS OF PRODUCING, STORING, TREATING AND

MARKETING OIL, GAS AND ASSOCIATED PRODUCTS, AS SET FORTH IN THE DEED FROM WARREN B. LLOYD AND WIFE RECORDEDJULY7, 1915 IN BOOK 147, PAGE 239 OF DEEDS.

ALSO EXCEPT FROM A PORTION OF SAID LAND ALL MINERALS AND ALL OIL, GAS,

ASPHAL TUM AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF SAID LAND, WITHOUT THE RIGHT TO

ENTER UPON SAID LAND OR USE THE SURFACE FOR ANY PURPOSE, AS EXCEPTED IN DEED RECORDED DECEMBER 26, 1967 IN BOOK 3239, PAGE 69 OF OFFICIAL RECORDS.

PARCEL II:

AN EASEMENT FOR VEHICULAR, PEDESTRIAN, MAINTENANCE AND REPAIR

HEREAFTER CONSTRUCTED AND CONSISTING A PART OF THE EASEMENT AREAS OF PARCEL A AND PARCEL B OF PARCEL MAP NO. LD-S-303, SHOWN AND

DEPICTED IN THAT RECIPROCAL EASEMENT GRANT AND AGREEMENT WITH COVENANTS CONDITIONS AND RESTRICTIONS, RECORDED APRIL 30, 20190430- 00046885-0 OF OFFICIAL RECORDS.
7 CUPS20230011 PC Staff Report Continued (mg)
99 CASE NO.:

APPLICANT:

CUP-S-2023-0011
Coollt Rentals

PROJECT PERMIT CONDITIONS
RES. NO. SVPC 03-2025

EXHIBIT B
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 successor and assigns thereto. These conditions are deemed to touch and concern the real property, which is the subject hereof, and will run with the land. Compliance with these conditions must be maintained for the life of the permit. 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 SVMC. This condition serves as notice, pursuant to Government Code§ 66020(d) that the City is imposing development impact fees (DIFs) upon the project in accordance with the Mitigation Fee Act (Government Code§ 66000, et seq.) and the SVMC. The permittee is informed that it may protest DIFs in accordance with Government Code§ 66020.

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

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

GC.5 This decision is not effective until Permittee acknowledges acceptance of all project conditions and any appeal period has lapsed, or a waiver of right to appeal 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.
8 CUPS20230011 PC Staff Report Continued (mg)
100
RES. NO. SVPC 03-2025
CASE NO.: CUP-S-2023-0011
Coollt Rentals APPLICANT:

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 AP1 - Cover Sheet; Sheet AP2.1 - Overall Site Plan; AP2.2 - Miscellaneous Details; Sheet AP2 - Site Plan; Sheet AP3 - Floor Plan; Sheet AP5 - Building Elevations; Sheet 1 - Title Sheet; Sheet 2 - Engineered Site Plan; Sheet 5 - Protected Tree Exhibit; Sheet L 1.1 - Preliminary Landscape Plan; and Sheet L 1.2 - Preliminary Plant Images, dated May 2, 2024; Colors and Materials Board, dated January 30, 2024; and Arborist Report, dated April 27, 2023.

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 The 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 Simi Valley Municipal Code ("SVMC").

A-4 Anything which is not shown on the application/plans, or which is not specifically approved, or which is not in compliance with this CUP, is not approved. Any application and/or plans which are defective as to, without limitation, omIssIon, dimensions, scale, use, colors, materials, encroachments, easements, renders any entitlement null and void.

A-5 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, its assignees or successors in interest.

A-6 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.
9 CUPS20230011 PC Staff Report Continued (mg)
101
RES. NO. SVPC 03-2025
CASE NO.:

APPLICANT:

CUP-S-2023-0011
Coollt Rentals
A-7
A-8
Permittee must provide to the Deputy Environmental Services Director/City Planner a copy of all conditions of approval recorded with the Ventura County Recorder's Office.

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

A-9 Permittee must submit to the Environmental Services Director/City Planner for review and approval of a trash and recycling enclosure plan. The Director will review the enclosure plan for compliance with the following criteria:
a. The enclosure must incorporate the same architectural treatment and use the same approved exterior colors and the materials of the main building;
b. The enclosure must incorporate an opaque gate and include a solid roof, which will be designed to preclude trash from being blown out of the bins;
c. The height of the enclosure walls and gate must be the same or greater than the height of the bins within the enclosure; and d. Except when the bins are being accessed, the bins must be stored at all times within the enclosure with the gate closed.

A-10 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 (utility equipment);
b. Screening design and location for all above-ground utility equipment by method of 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 be not feasible;
f. Depiction of the Traffic Sight Safety Area (TSSA); and g. Location of all above-ground utility equipment outside of the TSSA.

A-11 In the event of the encounter of subsurface materials suspected to be of an archaeological or paleontological nature, all grading or excavation must cease in the immediate area, and the find left untouched. Permittee must select and provide a qualified professional archaeologist certified by the 10 CUPS20230011 PC Staff Report Continued (mg)
102
RES. NO. SVPC 03-2025
CASE NO.: CUP-S-2023-0011
Coollt Rentals APPLICANT:

B.

Register of Professional Archaeologists or paleontologist with a degree(s) in paleontology or geology to evaluate and make recommendations as to disposition, mitigation and/or salvage. The recommendation must . be implemented before work may proceed. Pennittee will be liable for all costs associated with the professional investigation and implementation.

A-12 Before the time of occupancy inspection, Pennittee must provide to the Deputy Environmental Services Director/City Planner 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-13 Pennittee 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-14 Pennittee must submit photometric and luminaire plans which comply with Simi Valley Municipal Code § 9-30.040. All exterior light fixtures depicted on this plan must have fully recessed lenses and cut-off features that limit illumination at the property line to 0.5 footcandles. A note will be placed on the plan that states: "All downcast light fixtures will be installed and pennanently maintained in a horizontal position".
* A-15 Pennittee must not store materials within 70 feet of the northern property line, against the 118 Freeway.
* A-16 Permittee must maintain a height of 15 feet or less for outdoor storage at all times.
*A-17 The "Future Sign" depicted on the site plan (Sheet AP2.1 - Overall Site Plan; Sheet 1 - Title Sheet; Sheet 2 - Engineered Site Plan; Sheet 5 - Protected Tree Exhibit; Sheet L 1.1 - Preliminary Landscape Plan, dated May 2, 2024) is not a part of this approval. All project signage is subject to future review and approval as defined in the SVMC.

PUBLIC WORKS CONDITIONS:

General
B-1 Permittee must obtain an encroachment pennit from the Public Works Director or Designee for construction of public easement or right-of-way.

Before a permit is issued, 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 must be provided in a form and amount acceptable to the City Engineer.

B-2 Before occupancy, Pennittee must complete all improvements per the accepted plans and approved conditions, and must obtain acceptance for the improvements by the City Engineer.

B-3 Before requesting a final inspection for release of securities, Pennittee must submit record drawings, certifications, final soils report, and digital file(s) of 11 CUPS20230011 PC Staff Report Continued (mg)
103
RES. NO. SVPC 03-2025
CASE NO.:

APPLICANT:

CUP-S-2023-0011
Coollt Rentals
record drawings in an ESRI Info or DXF formal compatible with the City GIS database to the Director of Public Works, or designee.

Grading
8-4 Before the City Engineer issues a grading permit, Permittee must submit a site paving, drainage, and grading plan, subject to review and approval by the City Engineer. The plans must be in conformance with Chapter 7 of the Ventura County Land Development Manual adopted by City Council Resolution No. 69-8. The 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. Upon acceptance of the soils report by the City Engineer, Permittee must submit digital files of the report and all comments, responses, references, and supporting data to the City Engineer.
8-5 Before the City Engineer issues a grading permit, Permittee must post improvement securities for all grading, pay all applicable fees, and provide insurance documentation in a form acceptable to the City Engineer.

Drainage
8-6 Before the City Engineer issues a grading permit, Permittee must provide a final drainage study prepared by a California State Registered Civil Engineer. The 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 Ventura County Technical Guidance Manual for Stormwater Quality Measures.
8-7 Permittee must incorporate stormwater 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. For projects of 10 acres or more of developable area, the unit volume method must be used. Detention facilities must be privately maintained by the property owner(s) or homeowner(s) association.
*B-8 Before the City Engineer issues a grading permit, Permittee must prepare a Storm Water Pollution Prevention Plan (SWPPP) and must incorporate permanent stormwater quality treatment devices into the site improvements for review and approval by the City Engineer. The SWPPP must be prepared and implemented to comply with:
a. State Water Resources Control Board Order No. 2009-0009-DWQ, Order No. CAS000002, "National Pollution Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities". 12 CUPS20230011 PC Staff Report Continued (mg)
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RES. NO. SVPC 03-2025
CASE NO.:

APPLICANT:

CUP-S-2023-0011
Coollt Rentals ·
b. California Regional Water Quality Control Board, Los Angeles Region, Order No. R4-2010-0108, NPDES Permit No. CAS004002 'Waste Discharge Requirements for Storm Water (Wet Weather) and Non­ Storm (Dry Weather) Discharges from Municipal Separate Storm Sewer Systems within Ventura County Watershed Protection District, County of Ventura and the Incorporated Cities Therein" for a SWPPP. A Notice of Intent (NOi) shall be submitted to the Los Angeles Regional State Water Resources Control Board to comply with the General Permit No.

CAS004002.
c. A Notice of Intent (NOi) shall be submitted to the Los Angeles Regional State Water Resources Control Board to comply with General Permit No. 2009-0009-DWQ.

Permittee must identify pollutant sources and must include the design and recommended construction, implementation, and maintenance measures to eliminate or reduce the discharges of pollutants from the project site into the public storm drain system during and after the construction period. *B-9 Before occupancy, Permittee must submit to the City Engineer for review, and shall execute and record upon approval, a Deed Restriction Covenant and an Agreement regarding Storm Drains, Stormwater Detention, and Stormwater Treatment Device Maintenance ("Stormwater Agreement").

The Agreement must be consistent with the current Technical Guidance Manual for Stormwater Quality Control Measures of the Ventura County Stormwater Quality Management Program.

Traffic
*B-10 Permittee must design and construct any landscaping to incorporate and provide for the minimum safe vehicle/driver sight distances within circulating roadways, restricting the height of any planting material to 30 inches or less within the driver's sight distance area.
*B-11 Permittee must design and construct all on-site traffic circulation elements and traffic control devices (e.g. pavement delineation, signage) in accordance with the California Manual on Uniform Traffic Control Devices, latest edition.
*B-12 Permittee must pay the Traffic Impact Fee specified in the City of Simi Valley Schedule of Service Charges in effect at the time of payment, as stated in the current Traffic Impact Fee Resolution. The total fee is based on daily vehicle trip ends, with the project forecast to generate 118 daily trip ends.

Transit
B-13 Permittee must inform the Transit Division at least 72 hours before the start of construction at the project location.
13 CUPS20230011 PC Staff Report Continued (mg)
105
CASE NO.:

APPLICANT:

CUP-S-2023-0011
Coollt Rentals
Waterworks District 8
RES. NO. SVPC 03-2025
B-14 Permittee must design all public water facilities to comply with the Rules and Regulations of the District, per Resolution No. WWD-2, and the Water Design and Construction Standards Manual adopted by the Board of Directors of District on July 26, 2021, and subsequent revisions.

B-15 Permittee must include language in the CC&R documenting that the on-site fire line is privately owned and maintained by the property owners, before final approval of tract or parcel map. Permittee must provide an approved copy to the Director of Public Works or designee.

B-16 Permittee must apply for, and obtain, a Water Will-Serve Letter from the Director of Public Works or designee.

B-17 Before issuance of a Water Will-Serve Letter, Permittee must submit Water Improvement Plans to the Public Works Director or designee for review and approval. The Water Improvement Plans must show the domestic, irrigation, fire line connections, and backflow prevention assemblies.

B-18 Permittee must submit to the Ventura County Fire Protection District (VCFPD) to review and approve the locations of existing and proposed fire hydrants on the Water Improvement Plans before approval by the Public Works Director or designee.

B-19 Permittee must locate backflow prevention assemblies on private property as close as practical to the meter, but no further than ten (10) feet from the public-right-of way or District's easement.

B-20 Before issuance of a Water Will-Serve Letter, Permittee must submit a Water Supply Fixture Unit (WSFU) count in accordance with the latest version of the California Plumbing Code to the Director of Public Works or designee.

B-21 Before issuance of a Water Will-Serve Letter, Permittee must submit form VCFPD FORM 625 with authorized signatures from VCFPD and the District.

B-22 Before issuance of a Water Will-Serve Letter, Permittee must pay the capital improvement charge for water service to the City Engineer. Actual fees will be determined at the time of payment.

B-23 Before installation of landscaping or issuance of a Certificate of Occupancy (COO), whichever comes first, Permittee must purchase and install the domestic and irrigation water meters.

Sanitation
B-24 Permittee must submit a utility plan and obtain approval from the Public Works Director or designee, showing the proposed sewer connecting to the sewer manhole at the west terminus on Cochran Street, designed per the Manual and Standard Plans for the Design and Construction of Sanitary 14 CUPS20230011 PC Staff Report Continued (mg)
106
RES. NO. SVPC 03-2025
CASE NO.:

APPLICANT:

CUP-S-2023-0011
Coollt Rentals
Sewerage Facilities adopted by the City Council of the City of Simi Valley on August 28, 2006, and subsequent revisions.

B-25 Before issuance of a building permit, Permittee must apply for and obtain Sewer Will-Serve Letter from the City Engineer.

B-26 Before issuance of the Sewer Will-Serve Letter, Permittee must pay the sewer connection fees and all applicable fees for a Full-Service restaurant based on the number of seats to the City Engineer. Credits may apply and actual fees will be determined at the time of payment.

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 City of Simi Valley Landscape Design Guidelines; b. Comply with the conceptual landscape plan as approved by the Planning Commission;
c. 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 latest adopted version of the California State Model Water Efficient Landscape Ordinance;
d. Comply with the approved site plan and Public Works grading and improvement plans;
e. Include an agronomic soils report as specified in the latest adopted version of the California State Model Water Efficient Landscape Ordinance. The soils report must be based on soil conditions after the establishment of final grades, and final landscape plans must incorporate the report recommendations;
f. Include a Water Efficient Landscape Worksheet with each submittal of landscape and irrigation plans;
g. Show all protected trees pursuant to § 9-38.050 of the SVMC; h. 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;
i. 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 15 CUPS20230011 PC Staff Report Continued (mg)
107
RES. NO. SVPC 03-2025
CASE NO.:

APPLICANT:

CUP-S-2023-0011
Coollt Rentals
the California Invasive Plant Council (Cal-lPC) Invasive Plant Inventory; and
j. Clearly identify required temporary landscape-related improvements and irrigation (e.g., for erosion control), separately from permanent systems.

C-2 All landscaping must be low water use, with drought-tolerant plant materials irrigated by a low-precipitation or drip-irrigation system. Materials must be from the Water Use Classification of Landscape Species (WUCOLS) Low Water-Using Plant List, and the irrigation system will utilize in-ground moisture sensors, which are connected to the automatic controller governing the rate and frequency of irrigation.

C-3 Before the issuance of 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 must not remove any of the mature trees before the commencement of any grading.

C-4 Permittee must protect and preserve all protected trees on the site from the date of this approval until final inspection or 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 the permit, Permittee must mitigate the loss of all protected trees, relocated trees, and trees identified on the Final Landscape Plan, pursuant to Title 9, Chapter 38, of the SVMC and the City's Landscape Design Guidelines.

C-6 Before the Building Official issues a Certificate of Occupancy or a Final Inspection request, whichever comes first, Permittee must:
a. Install all landscaping 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.
16 CUPS20230011 PC Staff Report Continued (mg)
108
RES. NO. SVPC 03-2025
CASE NO.:

APPLICANT:

CUP-S-2023-0011
Coollt Rentals
C-7 For the lifetime of this permit, Permittee must maintain landscaping in compliance with the following standards:
a. All tree pruning must conform to the 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 CONDITIONS:

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 9, 2024 (Exhibit C), which is incorporated by reference.

END OF ALL CONDITIONS
17 CUPS20230011 PC Staff Report Continued (mg)
109
CASE NO.:

APPLICANT:

CUP-S-2023-0011
Coollt Rentals

AFFIDAVIT
RES. NO. SVPC 03-2025
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 Environmental Services Director or designee in its approval of CUP-S-2023-0011. Pem1ittee and property owners agree to comply with these conditions and all other applicable laws and regulations that affect this project.

Signature ___________ _
Date
Printed Name -----------
18 CUPS20230011 PC Staff Report Continued (mg)
110
CASE NO.:

APPLICANT:
•
DATE:

CUP-S-2023-0011
Coollt Rentals

VENTURA COUNTY

FIRE DEPARTMENT
October 10, 2024
RES. NO. SVPC 03-2025

EXHIBIT C
Fire Prevention Bureau
2400 Conejo Spectrum St. Thousand
Oaks, CA 91320
Office (805) 389-9738
[email protected]
TO:

FROM:

Zarui Chaparyan, Associate Planner
Alan Dearden , Senior Fire Inspector
PROJECT NUMBER:

FIRE DEPT . RECORD:

APPLICANT :

LOCATION :

DESCRIPTION:

CUP-S-2023-0011
FPLN23 -00332
Alan Grofsky
861 E. Cochran St.

New 24,290sf . Industrial Building
Complete - This project has been reviewed by the Ventura County Fire Protection District and is found to be complete.

Fire Department Clearance - Applicant shall submit VCFD Form #610, Fire Permit Application, prior to obtaining a building permit for any new structures.

Fire-Flow (Commercial, Industrial, Multi-family buildings) - The minimum fire-flow required shall be determined as specified by the current adopted edition of the California Fire Code Appendix B with adopted Amendments and the applicable Waterworks Manual for the jurisdiction (whichever is more restrictive). The applicant shall verify that the water purveyor can provide the required fire flow, of 1,000 gallons per minute at 20 psi for a minimum 3-hour duration, prior to obtaining a building permit by having them fill out VCFD Form #625, Fire-Flow Verification.

Private Roads/Driveways - Private roads and driveways shall comply with Public Road Standards, VCFPD Ordinance 29, and VCFPD Standard 501.

Aerial Apparatus Access - Private roads shall comply with Public Road Standards.

Multi-Family, Commercial, or Industrial Buildings or portions of buildings or facilities exceeding 30-feet in height above the lowest level of fire department access shall require an approved aerial ladder fire apparatus access road. The highest roof surface shall be determined by measurement to the eave of a pitched roof, the intersection of the roof to the exterior wall, or the top of parapet walls, whichever is greater. One aerial apparatus access road shall be provided per 50,000 square feet of building area. Aerial apparatus access roads shall have a minimum unobstructed width of 30 feet, exclusive of shoulders.

Required aerial apparatus access roads shall be located within a minimum of 15 feet and 19 CUPS20230011 PC Staff Report Continued (mg)
111
CASE NO.:

APPLICANT:

CUP-S-2023-0011
Coollt Rentals
RES. NO. SVPC 03-2025
a maximum of 30 feet from the building. Aerial apparatus access roads shall be positioned such that they are parallel to the entire side of the building. The side of the building on which the aerial fire apparatus access road is positioned shall be along the longest side of the building, unless otherwise approved by the fire code official. Parking shall be prohibited along the required width of the access roads. Overhead utility and power lines shall not be located within the aerial ladder fire apparatus access roads. Landscaping and other improvements between the required access and the buildings shall not interfere with aerial ladder fire apparatus operations, as approved by the fire district.

Access Road and Private Roads Width - Private roads shall comply with Public Road Standards. Minimum access road width of 24 feet shall be required with no on-street parking permitted.

Turning Radius - The access road shall be of sufficient width to allow for a 40-foot centerline turning radius at all turns in the road.

Road Surface Construction and Grade Limitations - Fire apparatus access roads serving commercial and industrial occupancies shall have a structural cross section and surface complying with the public road standards for the jurisdiction in which the project is located and grades shall not exceed 10%.

Vertical Curve - The vertical curve of a fire apparatus access road serving commercial and industrial occupancies shall not allow for transitions between grades that exceed 6% elevation change along any 10-foot section. These transitions shall include angle of approach, angle of departure, and high centering of fire apparatus.

Vertical Clearance - All access roads/driveways shall have a minimum vertical clearance of 13 feet 6 inches (13' 6"). Clear of building to sky.

Dead-end Roads and Secondary Access. The maximum length of dead-end roads shall not exceed 800 feet. Two means of ingress/egress shall be provided in accordance with VCFPD access standards.

Secondary Access - When secondary access is required, the width, grade, vertical and horizontal curves, and construction standards shall be the same as required for the primary access road. The minimum separation of primary and secondary access roads in areas determined non-hazardous fire areas shall be 300 feet. Separation shall be measured at the point which each road terminates at a location where a vehicle operator can choose two independent directions in which to travel.

Access Covenant - A covenant and deed restriction upon parcels 615-00172-345, 615- 0-172-335, and the common areas of 615-53 shall be recorded and a copy of the recorded document shall be provided to the Fire District within (7) days of recordation. This covenant shall require upon the sale of any of these parcels, a reciprocal access easement be recorded on all parcels who share the access road. A covenant shall be placed upon multiple parcels served by the same fire apparatus access roads that are under the same ownership. This easement shall allow for an access road meeting all 20 CUPS20230011 PC Staff Report Continued (mg)
112
CASE NO.:

APPLICANT:

CUP-S-2023-0011
Coollt Rentals
RES. NO. SVPC 03-2025
Ventura County Fire Protection District access standards and shall be approved by the Ventura County Fire Protection District prior to recordation.

Access Road Gates - Any gates to control vehicle access are to be located to allow a vehicle waiting for entrance to be completely off the intersecting roadway. A minimum clear open width of 15-feet in each direction shall be provided for separate entry/exit gates and a minimum 20-feet for combined entry/exit gates. If gates are to be locked, a Knox system shall be installed. The method of gate control, including operation during power failure (battery back-up), shall be subject to review by the Fire Prevention Division. Gate plan details shall be submitted to the Fire District for approval prior to installation. A final acceptance inspection by the Fire District is required prior to placing any gate into service.

Fire Lanes - Prior to construction the applicant shall submit two (2) site plans to the Fire District for approval of the location of fire lanes. Prior to occupancy, all fire lanes shall be posted "NO PARKING-FIRE LANE-TOW AWAY" in accordance with California Vehicle Code, the California Fire Code and current VCFPD Fire Lane Standards. All signs and or Fire Lane markings shall be within recorded access easements.

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

Fire Hydrant Design (Commercial, Industrial, Multi-family buildings) - Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Ventura County Waterworks Manual and the following. • Each hydrant shall be a 6-inch wet barrel design and shall have one 4-inch and two 2 %-inch outlets.
• The required fire flow shall be achieved at no less than 20-psi residual pressure. • Fire hydrants shall be set back from the curb face 24 inches on center. • No obstructions, including walls, trees, lights, signposts, and meters shall be placed within three feet of any hydrant.
• A concrete pad shall be installed extending 18 inches in all directions from the fire hydrant.
• Ground clearance to the lowest operating nut shall be between 18 to 24 inches.

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

Fire Sprinklers - All structures shall be provided with an automatic fire sprinkler system in accordance with California Building Code and California Fire Code requirements, and 21 CUPS20230011 PC Staff Report Continued (mg)
113
CASE NO.:

APPLICANT:

CUP-S-2023-0011
Coollt Rentals
RES. NO. SVPC 03-2025
current Ventura County Fire Ordinance at time of building permit application. For buildings of undetermined use with a ceiling height of over 20 feet, the system shall be designed as Extra Hazard Group 1, with a density of 0.33 square feet and a minimum design area of 3,000 square feet.

Water System Plans - Plans for water systems supplying fire hydrants and/or fire sprinkler systems and not located within a water purveyor's easement, shall be submitted to the Fire District for review and approval prior to issuance of grading and/or building permits or signing of grading plans, whichever is first. Plans shall reflect only dedicated private fire service lines and associated appurtenances. Plans shall be designed and submitted in accordance with VCFPD Standards.

Fire Alarm System - A fire alarm system shall be installed in all buildings in accordance with the California Building Code and California Fire Code requirements.

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

Fire Code Permits - Applicant and/or tenant shall obtain all applicable Operational Fire Code Permits prior to occupancy or use of any system or item requiring an operational permit in accordance with Section 105 of the California Fire Code.

Emergency Lighting and Exit Signs - Emergency lighting and exit signage shall be installed in all buildings in accordance with the California Building Code and California Fire Code requirements.

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

Trash Dumpster locations - Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within 5 feet of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic fire sprinklers.

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

In the event a structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance on an elevated post. Individual unit numbers shall be a minimum of 4-inches in height and shall be posted at the front and rear entrance to each unit. Additional address directional signs may be required at common building entrances and stairways.
22 CUPS20230011 PC Staff Report Continued (mg)
114
CASE NO.:

APPLICANT:

CUP-S-2023-0011
Coollt Rentals
Conditional Use Permit (SVMC § 9-52.070)
RES. NO. SVPC 03-2025
G. Findings and decision. Following a public hearing, the applicable review authority may approve, conditionally approve, or disapprove an application for a Conditional Use Permit and shall record the decision and the findings upon which the decision is based. The review authority may approve a Conditional Use Permit only after first finding that:

1. The proposed use is allowed with a Conditional Use Permit within the applicable zoning district or with an Administrative Use Permit as identified in Subsection E (Administrative Use Permits), above, and complies with all applicable provisions of this Development Code;

2. The proposed use is consistent with the purpose, intent, goals, policies, programs, and land use designations of the General Plan and any applicable specific plan;

3. The proposed site plan and design would ensure consistency with applicable design guidelines;

4. The design, location, operating characteristics, and size of the proposed use would be compatible with the existing and future land uses in the vicinity, in terms of aesthetics, character, scale and view protection; and

5. The proper standards and conditions have been imposed which protect the public safety, health, and welfare.
(§ 5, Ord. 1085, eff. January 6, 2006, as amended by Exh. A, Ord. 1147, eff. August 20, 2009; § 2 (Exh. A), Ord. No. 1183, eff. March 15, 2012; § 2 (Exh. A), Ord. No. 1322, eff. July 8, 2021 and § 2(Exh. A), Ord. No. 1327, eff. November 11, 2021) 23 CUPS20230011 PC Staff Report Continued (mg)
115

ERVIN COHEN & JESSUPLLP
January 14, 2025

VIA E-MAIL
Sean Gibson, AICP
Deputy Environmental Services Director/City
Planner
Department of Environmental Services
City of Simi Valley
E-Mail: sgi bson(d)e\'i 111 ival /e)'. vrg
I
EXHIBIT 2
9-40 I Wilshire Blvd., 12th Floor
Beverly Hills, CA 90212-2974
[email protected]
PH: 3 I 0.281.6320
FX: 310.859.2325
File: 16224.4
Re: Easement on Parcel C for the benefit of Parcel 1 (Cochran Properties) Dear Mr. Gibson:

This firm represents Cochran Properties and I am writing on its behalf. As requested in your email of December 19, 2024, this letter provides our firm's analysis of the rights of the owner of Parcel 1, which currently is Cochran Properties, under a recorded easement over Parcel C (the "Easement"). The Easement originally was granted under an Easement and Agreement of Covenants, Conditions and Restrictions recorded on April 12, 1988 ("Easement Agreement") as follows:
"Grantor hereby grants, to and for the benefit of the Leased Land [Parcel 1 ], and each and every present or future owner of any interest in the Leased Land, including but not limited to Grantee and each of their respective tenants, subtenants and invitees, a perpetual non-exclusive easement for roadway purposes and for pedestrian and vehicular access, ingress, egress, use and enjoyment, together with all necessary rights and support and slope easements incidental thereto, in, to, over, upon, across and through that portion of the Undeveloped Land described on Exhibit C ("Access Easement").

Cochran Properties purchased Parcel 1 from the Simi Valley Unified School District (the "School District") on November 6, 2017, at which time the School District also owned Parcel C. As part of that purchase, the School District and Cochran Properties recorded a First Amendment to the Easement Agreement, which provides in Paragraph 3(c):
"Notwithstanding anything in the Easement Agreement or this First Amendment, including, without limitation, Paragraph 1 of this First Amendment, to the contrary, Grantee shall have the following rights, for the benefit of Parcel 1 and all future owners of Parcel 1, with respect to the use of the Access Easement: (a) to maintain landscaping and related irrigation devices on the western side of the Access Easement adjacent to Parcel 1 to the extent originally required by the City of Simi 16224.4:11435576. l
I
116
Sean Gibson
January 14, 2025
Page2
Valley, California as a condition to granting entitlements for the development of the improvements on Parcel 1, provided, Grantee shall be responsible to maintain such landscaping and irrigation devices at all times at its sole cost and expense, notwithstanding any alternative allocation of Maintenance Expenses . . . ( c) to maintain any encroachments of improvements from Parcel 1 onto the Access Easement as existing on the date hereof, including, without limitation, any parking spaces or parking areas."
At the risk of stating the obvious, the purpose of this Amendment was to specify certain rights included in Parcell 's use and enjoyment of the Easement.

I understand that the owners of Parcel C have raised two challenges to the rights granted to Parcel 1 in the First Amendment. First, they have asserted that the term "maintain" in Paragraph 3(c) is limited to ''upkeep along with repair and replacement." That limitation is inconsistent with the recognized and accepted meaning of the word "maintain." For example, the Cambridge Dictionary defines maintain as: "to continue to have; to keep in existence, or not allow to become less (emphasis added)." The Merriam-Webster dictionary defines maintain as "to keep in an existing state (as ofrepair, efficiency, or validity), preserve from failure or decline (emphasis added). 1 The term "maintain" in the Easement Amendment also is categorized as a "right" for the benefit of Parcel 1, not an obligation to conduct repairs, as would be the case if the sole definition of maintain was upkeep, repair, and replacement.

Second, the owners of Parcel C have taken the position that the only right Paragraph 3(c) gives to Parcel 1 is the "mere permission at will for such encroachments to remain, and permission for the owners of Parcel 1 to use such encroachments at that time. This takes the form of simple permission or, at most, an implied license revocable at will by the owners of Parcel C." We fail to see any language in Paragraph 3(c) that can possibly be interpreted as a license. First, Paragraph 3(c) specifically states that the owner of Parcel 1 has the following rights "with respect to the use of the Access Easement", which demonstrates that the School District and Cochran Properties intended the rights granted to be included as part of Parcel 1 's use and enjoyment of the Easement area, not as a separate personal license to Cochran Properties.

Second, there is absolutely no language in Paragraph 3( c) to support the position that the owner of Parcel C retained the right to revoke Parcel 1 's uses specified therein at any time or at all. Most telling, the Paragraph does not ever say nor even imply that the owner of Parcel C can revoke the rights at will. Instead, the Paragraph specifically states that the rights are '"with respect to the use of the Access Easement" and for the benefit of Parcel I and all future owners . As such, the rights are, as part of the Easement, protectable, i"evocable, and compensable. (See: Miller & Starr; 6 1 The terms of the easement must be understood according to their ordinary and popular meaning .

Civ. Code § 1644.
16224.4: 11435576.l
117
Sean Gibson
January 14, 2025
Page3
CAL. REAL EST. § 15:2 ( 4th ed.) Indeed, how can the rights be for the benefit of all future owners of Parcel 1 if the owner of Parcel C can revoke them at any time? The position is not legally supportable .

Cochran Properties has a recorded easement granting to it the right to maintain landscaping and encroachments of improvements, including parking spaces, onto the Access Easement as they existed as of the date the Easement Amendment was recorded, November 6, 2017. The owners of Parcel C have "the right to use the easement as long as the use does not interfere with or impede the superior right of enjoyment of the easement owner." Miller & Starr, 6 Cal. Real Est.§ 15:65 (4th ed.).

The proposed development plans submitted to the City of Simi Valley by the owner of Parcel C calls for the removal of a number of parking spaces and a number of trees and other landscaping currently maintained by Cochran Properties in the Easement area. That removal clearly would substantially interfere with Cochran Properties' right to such parking and landscaping in the Easement area and therefore is prohibited by the Easement Agreement and by law.

Nothing contained in this letter is intended to nor shall constitute a waiver of any claims, rights or remedies that Cochran Properties has or may have arising with respect to the Easement or under California law, and all such claims, rights and remedies are hereby expressly reserved. No acts nor failures to act by Cochran Properties shall be deemed a waiver of any right to exercise in full all of its rights and remedies available with respect to the Easement and under California law as the result of any interference with such rights under the Easement Agreement.

I urge the City of Simi Valley to respect Cochran Properties' rights under the Easement and refuse to further consider any plans that substantially interfere with those rights.

Sincerely ,
~A/~
Pooja S. Nair
Zarui Chaparyan (zchaparyan@simivall cy.org)
16224.4: 11435576.1
118

ERVIN COHEN & JESSUPLLP
January 20, 2025

VIA E-MAIL
Algeria R. Ford
City Attorney
City of Simi Valley
Burke Williams & Sorensen, LLP
1770 Iowa Ave, Ste 240
Riverside, CA 92507-2479
E-Mail: a ford(a),bwsla w. com
I
EXHIBIT 3
940 I Wilshire Blvd., 12th Aoor
Beverly Hills, CA 90212-297◄
[email protected]
PH: 3 I 0.281.6320
FX: 310.859.2325
File: 16224.4
Re: January 22, 2025 Planning Commission Hearing- Agenda Item 12.A.2- CUP-S-2023- 0011
Dear Mr. Ford
This firm represents Cochran Properties and I am writing on its behalf regarding our client's opposition to Conditional Use Permit CUP-S-2023-0011, which directly impedes my client's easement rights as the owner of Parcel 1, under a recorded easement over Parcel C (the "Easement"). The Easement originally was granted under an Easement and Agreement of Covenants, Conditions and Restrictions recorded on April 12, 1988 ("Easement Agreement") as follows:
"Gran tor hereby grants, to and for the benefit of the Leased Land [Parcel 1], and each and every present or future owner of any interest in the Leased Land, including but not limited to Grantee and each of their respective tenants, subtenants and invitees, a perpetual non-exclusive easement for roadway purposes and for pedestrian and vehicular access, ingress, egress, use and enjoyment, together with all necessary rights and support and slope easements incidental thereto, in, to, over, upon, across and through that portion of the Undeveloped Land described on Exhibit C ("Access Easement").

Cochran Properties purchased Parcel 1 from the Simi Valley Unified School District (the "School District") on November 7, 2017, at which time the School District also owned Parcel C. As part of that purchase, the School District and Cochran Properties recorded a First Amendment to the Easement Agreement, which provides in Paragraph 3(c):
''Notwithstanding anything in the Easement Agreement or this First Amendment, including, without limitation, Paragraph 1 of this First Amendment, to the contrary, Grantee shall have the following rights, for the benefit of Parcel 1 and all future owners of Parcel 1, with respect to the use of the Access Easement: (a) to maintain 16224.4:11440429.I
I
119
Algeria R. Ford
January 20, 2025
Page2
landscaping and related irrigation devices on the western side of the Access Easement adjacent to Parcel I to the extent originally required by the City of Simi Valley, California as a condition to granting entitlements for the development of the improvements on Parcel 1, provided, Grantee shall be responsible to maintain such landscaping and irrigation devices at all times at its sole cost and expense, notwithstanding any alternative allocation of Maintenance Expenses . .. ( c) to maintain any encroachments of improvements from Parcel 1 onto the Access Easement as existing on the date hereof, including, without limitation, any parking spaces or parking areas."
At the risk of stating the obvious, the purpose of this Amendment was to specify certain rights included in Parcell 's use and enjoyment of the Easement.

Cochran Properties has a recorded easement granting to it the right to maintain landscaping and encroachments of improvements, including parking spaces, onto the Access Easement as they existed as of the date the Easement Amendment was recorded, November 7, 2017. The owners of Parcel C have "the right to use the easement as long as the use does not interfere with or impede the superior right of enjoyment of the easement owner." Miller & Starr, 6 Cal. Real Est.§ 15:65 (4th ed.).

The proposed development plans submitted to the City of Simi Valley by the owner of Parcel C, Coollt Rentals (the "Applicant") scheduled for a public hearing on January 22, 2025 (Agenda Item No. 12.A.2), call for the removal of a number of parking spaces and a number of trees and other landscaping currently maintained by Cochran Properties in the Easement area. That removal clearly would substantially interfere with Cochran Properties' right to such parking and landscaping in the Easement area and therefore is prohibited by the Easement Agreement and by law.

I have provided our position to Sean Gibson, Deputy Environmental Services Director/City Planner, and note that city staff did not include my letter outlining our legal position in the packet of exhibits attached to the Staff Report for Agenda Item No. 12.A.2. However, city staff did include a letter containing the Applicant's competing legal analysis, which misleadingly presents an incomplete record of the relevant legal positions. For the city staff to include one side's position and not the other appears to be an endorsement without justification. I am submitting our position as a public comment, but wanted to directly express my concern about the failure to include Cochran Properties' position, as provided to city staff in time to include with Agenda Item 12.A.2.

Cochran Properties is preparing to file a civil action for declaratory and injunctive relief to obtain an order clarifying its rights under the recorded easement. Given that there is an ongoing controversy about my client's property rights, our position is that the City should not be providing approval for plans that would impede Cochran Properties' rights under the Easement, including permitting Applicant to remove Cochran Properties' encroachments and impede its future 16224.4: 11440429.1
120
Algeria R. Ford
January 20, 2025

development rights. I understand that the City has characterized these significant concerns about property rights as "a civil matter amongst neighbors," but the Planning Commission's grant of a conditional use permit to Applicant that directly contemplates Applicant's trampling of Cochran Properties' rights under a recorded easement would be the City endorsing one legal position over another with no legal authority or judicial determination. Such an action would be impermissible and inconsistent with the City and Planning Commission's legal obligation to protect and respect private property rights .

Nothing contained in this letter is intended to nor shall constitute a waiver of any claims, rights or remedies that Cochran Properties has or may have arising with respect to the Easement or under California law, and all such claims, rights and remedies are hereby expressly reserved. No acts nor failures to act by Cochran Properties shall be deemed a waiver of any right to exercise in full all of its rights and remedies available with respect to the Easement and under California law as the result of any interference with such rights under the Easement Agreement.

Sincerely,
~ _A/~
Pooja S. Nair
CC Debra James a·ames a)ec·taw.com
16224.4:11440429 .I
121
From:

Sent
To:

Cc:

Subject
Attachments:
doug
Tuesday, January 21, 2025 11: 0
Sean Gibson
Zarui Chaparyan; Pooja Nair;
Planning Commission Hearing
I
EXHIBIT 4
I
1988 04 12 Grant of Easement and Agreement of CC&Rs 07 88-47948.pdf; 2017 11 07 First Amendment to Easement and Agreement of Covenants, Conditions and Restrictions.pdf Follow Up Flag: Follow up
Flag Status: Flagged
This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. If you suspect a phishing attempt please report it as phishing. Learn how, Hi Sean,
I have some additional detailed points I would like to make to the Planning Commission that would be difficult to communicate within the time allotted for my comments during the hearing. Please provide this email and the attachments to the Planning Commission.

1. First, I want to reiterate that no improvements from Parcel C, with the possible exception of roadway paving, are allowed in the easement area, including the future monument signage at the northern end of my easement.

2. The project violates and/or threatens many parts of the Resolution, Project Permit Conditions, and the Conditional Use Permit, including but not limited to:

1. Section 2, Item E of the Resolution, and Item G-4 of the Conditional Use Permit. a. Section 2, Item E states, "The design, location, operating characteristics, and size of the proposed project will not have a significant impact on aesthetics and view protections of the site." Item G-4 of the Conditional Use Permit states, "The design, location operating characteristics, and size of the proposed use would be compatible with the existing and future land uses in the vicinity, in terms of aesthetics, character, scale and view protection; and"
1 122
b. The proposed project has a significant impact on aesthetics and is not compatible with my project as it violates a recorded easement, plants large trees with canopies overhanging my roof, creates mixed ownership within the same planter, creates an aesthetically odd situation where the landscaping on the west side of the driveway is consistent all the way up the driveway until you hit this new project, and it destroys the property of a neighbor. Furthermore, the project does not take into consideration future uses of my property. The access easement area is larger than the existing roadway, and a future development may and probably will want to relocate the road within the access easement. It is worth noting that the District project on Parcel A did none of these things.

2. Section 6 of the Resolution.
a. Section 6 of the Resolution states, "Each and every one of the findings and determinations set forth in this resolution are based on competent and substantial evidence, both oral and written, contained in the entire record relating to the project." b. The plans do not conform with the recorded easement as the plans show improvements constructed within the easement by the servient tenement that would hinder the dominant tenement from fully utilizing the access easement. c. The plans do not conform with the recorded First Amendment to the easement because they allow for the destruction of property rightfully located in the access easement and owned by the dominant tenement. d. The plan documents submitted by the Applicant are not consistent between themselves. For example, the location of the property line relative to my buildings is different on the Site Plan, Overall Site Plan, and Tree Map. Other inaccuracies are outlined in my previous email to you and are now incorporated as Exhibit 2 of Agenda Item No. 12.A.2. of the January 22, 2025 hearing.

3. Section 7 of the Resolution.
a. Section 7 of the Resolution states, "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 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 projections." b. The Planning Commission is not taking into consideration a knowable issue: nothing lasts forever. At some point, my property will be redeveloped. At that point, the owner of my property will have the right to relocate its access road anywhere within the access easement or even over the entire access easement. In fact, it would make sense that the access road would be relocated to the western side of the access easement to form a straight line. It is also possible that the road could be extended all the way to the northernmost point of the access easement to provide rear access for a new building constructed further north on my property.

4. General Condition 1 of the Project Permit Conditions a. General Condition 1 states, "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." b. Even if the project is approved, the approval will be immediately suspended. If the CUP is approved by the Planning Commission, my attorney will be appealing the decision to the City Council, and will seek relief from any adverse city decision in Ventura County Superior Court.
2 123

5. Environmental Services Conditions A-4 of the Project Permit Conditions Thanks,
Doug
a. Environmental Services Conditions A-4 states, "Anything which is not shown on the application/plans, or which is not specifically approved, or which is not in compliance with this CUP, 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."
b. Approving the project violates Environmental Services Conditions A-4, as outlined in my email, regarding plan errors and inconsistencies. As stated previously, the application is defective since it constructs improvements within the easement area and removes allowed encroachments by my property. Also, Figure 3 in the Staff Report inaccurately illustrates the landscaping around the subject project, including the foreground, which would be on my property. Figure 5 in the Staff Report inaccurately illustrates the improvements within the access easement and the building's relationship to the freeway. These figures also fail to show the outside storage relative to the building, which is the whole reason this project is being processed as a CUP. 3 124
Mr. Pooja S. Nair
444 South F ,ewer S1ree1 - 40" F1oor
Los Angeies Cai•forn1a 90071-2953
voice 213 236 0600 - fax 213 236.2700
1, wv,iw bwslaw com
January 20, 2025
Ervin, Cohen & Jessup, LLP
9401 Wilshire Blvd. 12th Floor
Beverly Hills, CA 90212-2974
Via Email: [email protected]
Re: Letter dated January 20, 2025
Dear Mr. Nair:

I
EXHIBIT 5
Direct No.: 213.236.2729
Our File No.: 8707.0020
[email protected]
As you are aware, our firm represents the City of Simi Valley as its City Attorney's office; I am the Senior Assistant City Attorney responsible for land use matters. Your letter dated January 20, 2025 and sent to City Attorney Al Ford was forwarded to my attention (the "Letter"). Thank you for the Letter.

As you note, the City's planning staff previously informed your client that the City does not involve itself with private disputes between property owners. The Letter does not alter that position. Reading that Letter, it appears that your client will be seeking judicial intervention to determine the parties· respective property rights. That is certainly the correct forum for resolving the parties· differences. The City will definitely comply with any court order that requires suspension of Planning Commission's public hearing scheduled for January 22, 2025.

Your client is, of course, welcome to appear and provide public comment to the Planning Commission at that time. I will also ensure that your letter dated January 20, 2025 is forwarded to the Planning Commission (along with this response) as part of the written public comment. I am sure that the omission of your previous letter from the agenda packet was inadvertent.

The Letter's underlying claim that the City is somehow biased (or prejudiced) in this matter is unsupported by any evidence. Nor is the complaint that the City is "trampling· your client's property rights. The Letter provides no legal authority or evidence suggesting that the City's action in considering this land use application is improper.

Instead, the Letter only states your client's arguments regarding its property rights. As noted above, the forum for deciding such matters is a court of competent jurisdiction. It is I
Los Angeles - Inland Empire - Marin County - Oakland - Or;;rige Ccu;ily - Palm Desert - San D t;go - Sari Frar.c1sco - S,l1con Vall1,y - Ventura County 125
- - • - . 'I
' - - . - . - .

I - • I - ' . ' . '
- I - • -
- - - .- - . - . . - - - -
9VR"E WILL IA.MS & SORf."<SEN. LLP
January 20, 2025
Page2
not the City. Accordingly, the Planning Commission will proceed with the public hearing as scheduled.

KHB
Very truly yours,
/

BUR 'E, & SORENSEN, LLP
City Attorney
City of y
C: City Attorney Al Ford
Environmental Services Director Stratis Perras
Deputy Environmental Services Director Sean Gibson
126
cover sheet
ap1
job number: 22-24.20
date: 08.04.2023
29619 agoura road
agoura hills : california : 91301
t: 818.584.0057 f: 866.800.1289
w: pkarchitecture.net
875 East Cochran Street
Simi Valley, California
APN: 615-0-172-345
CUP-S-2023-0011
Advanced Storage Solutions
BUILDING / PROPERTY OWNER:

ADVANCED STORAGE SOLUTIONS, INC
1197 LOS ANGELES AVENUE, SUITE C340
SIMI VALLEY, CA 93065
PHONE: 805-304-1487
CONTACT: MICHAEL LOHMAN
([email protected])
APPLICANT:

PK:ARCHITECTURE
29619 AGOURA ROAD
AGOURA HILLS, CA 91301
PHONE: (818) 584-0057
CONTACT: ALAN GROFSKY
([email protected])
planning resub.:

12.15.2023
planning sub.:

08.04.2023
planning resub.:

05.15.2024
planning resub.:

07.30.2024
127

COCHRAN STREET
job number: 22-24.20
date: 08.04.2023
29619 agoura road
agoura hills : california : 91301
t: 818.584.0057 f: 866.800.1289
w: pkarchitecture.net
875 East Cochran Street
Simi Valley, California
APN: 615-0-172-345
CUP-S-2023-0011
Advanced Storage Solutions
BUILDING / PROPERTY OWNER:

ADVANCED STORAGE SOLUTIONS, INC
1197 LOS ANGELES AVENUE, SUITE C340
SIMI VALLEY, CA 93065
PHONE: 805-304-1487
CONTACT: MICHAEL LOHMAN
([email protected])
APPLICANT:

PK:ARCHITECTURE
29619 AGOURA ROAD
AGOURA HILLS, CA 91301
PHONE: (818) 584-0057
CONTACT: ALAN GROFSKY
([email protected])
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12.15.2023
planning sub.:

08.04.2023
planning resub.:

05.15.2024
planning resub.:

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ap2.1
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job number: 22-24.20
date: 08.04.2023
29619 agoura road
agoura hills : california : 91301
t: 818.584.0057 f: 866.800.1289
w: pkarchitecture.net
875 East Cochran Street
Simi Valley, California
APN: 615-0-172-345
CUP-S-2023-0011
Advanced Storage Solutions
BUILDING / PROPERTY OWNER:

ADVANCED STORAGE SOLUTIONS, INC
1197 LOS ANGELES AVENUE, SUITE C340
SIMI VALLEY, CA 93065
PHONE: 805-304-1487
CONTACT: MICHAEL LOHMAN
([email protected])
APPLICANT:

PK:ARCHITECTURE
29619 AGOURA ROAD
AGOURA HILLS, CA 91301
PHONE: (818) 584-0057
CONTACT: ALAN GROFSKY
([email protected])
planning resub.:

12.15.2023
planning sub.:

08.04.2023
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CA 118 FWY
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job number: 22-24.20
date: 08.04.2023
29619 agoura road
agoura hills : california : 91301
t: 818.584.0057 f: 866.800.1289
w: pkarchitecture.net
875 East Cochran Street
Simi Valley, California
APN: 615-0-172-345
CUP-S-2023-0011
Advanced Storage Solutions
BUILDING / PROPERTY OWNER:

ADVANCED STORAGE SOLUTIONS, INC
1197 LOS ANGELES AVENUE, SUITE C340
SIMI VALLEY, CA 93065
PHONE: 805-304-1487
CONTACT: MICHAEL LOHMAN
([email protected])
APPLICANT:

PK:ARCHITECTURE
29619 AGOURA ROAD
AGOURA HILLS, CA 91301
PHONE: (818) 584-0057
CONTACT: ALAN GROFSKY
([email protected])
planning resub.:

12.15.2023
planning sub.:

08.04.2023
planning resub.:

05.15.2024
planning resub.:

07.30.2024
ap2
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true north
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true north
ap3
job number: 22-24.20
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29619 agoura road
agoura hills : california : 91301
t: 818.584.0057 f: 866.800.1289
w: pkarchitecture.net
875 East Cochran Street
Simi Valley, California
APN: 615-0-172-345
CUP-S-2023-0011
Advanced Storage Solutions
BUILDING / PROPERTY OWNER:

ADVANCED STORAGE SOLUTIONS, INC
1197 LOS ANGELES AVENUE, SUITE C340
SIMI VALLEY, CA 93065
PHONE: 805-304-1487
CONTACT: MICHAEL LOHMAN
([email protected])
APPLICANT:

PK:ARCHITECTURE
29619 AGOURA ROAD
AGOURA HILLS, CA 91301
PHONE: (818) 584-0057
CONTACT: ALAN GROFSKY
([email protected])
planning resub.:

12.15.2023
planning sub.:

08.04.2023
planning resub.:

05.15.2024
planning resub.:

07.30.2024
floor plan legend
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floor plan
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ap5
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date: 08.04.2023
29619 agoura road
agoura hills : california : 91301
t: 818.584.0057 f: 866.800.1289
w: pkarchitecture.net
875 East Cochran Street
Simi Valley, California
APN: 615-0-172-345
CUP-S-2023-0011
Advanced Storage Solutions
BUILDING / PROPERTY OWNER:

ADVANCED STORAGE SOLUTIONS, INC
1197 LOS ANGELES AVENUE, SUITE C340
SIMI VALLEY, CA 93065
PHONE: 805-304-1487
CONTACT: MICHAEL LOHMAN
([email protected])
APPLICANT:

PK:ARCHITECTURE
29619 AGOURA ROAD
AGOURA HILLS, CA 91301
PHONE: (818) 584-0057
CONTACT: ALAN GROFSKY
([email protected])
planning resub.:

12.15.2023
planning sub.:

08.04.2023
planning resub.:

05.15.2024
planning resub.:

07.30.2024
132
1 MB
Advanced Storage Solutions
Cochran Street
Simi Valley, California
apn: 615-0-0172-175 & 185
.Drawn By:

May 25, 2022Date Drawn:

NTSScale:

Case Number:
20-72.20Project No:
29619 agoura road
agoura hills : california : 91301
t: 818.584.0057 f: 866.800.1289
w: pkarchitecture.net
FINISH CALL-OUTS:
3 FINISHES:

ACCENT METAL ABOVE

STOREFRONT PAINTED TO
MATCH DUNN EDWARDS:

DE6350 “DARK ENGINE”

CONCRETE TILT-UP PANEL

PAINTED TO MATCH DUNN
EDWARDS: DE6374 “SILVER
POLISH”
1 CONCRETE TILT-UP PANEL

PAINTED TO MATCH DUNN
EDWARDS: DE6382
“FORMAL GRAY”
2 CONCRETE TILT-UP PANEL

PAINTED TO MATCH DUNN
EDWARDS: DE5852 “RAINY
LAKE”

CONCRETE TILT-UP PANEL

PAINTED TO MATCH DUNN
EDWARDS: DE5844
“SPLISH SPLASH”
4 4 5 63

CONCRETE TILT-UP PANEL

PAINTED TO MATCH DUNN
EDWARDS: DE6350 “DARK
ENGINE”
2 4
3 1 1
9 5
5 11
11 WINDOW / DOOR MULLIONS

ANODIZED ALUMINUM
“DARK BRONZE” STORE

FRONT GREEN GLASS

METAL AWNING PAINTED

TO MATCH DUNN
EDWARDS: DE6350 “DARK
ENGINE”
10’X12’ METAL ROLL-UP
DOORS: PAINTED TO
MATCH DUNN EDWARDS:

DE6382 “FORMAL GRAY”

HOLLOW METAL DOOR

PAINTED TO MATCH DUNN
EDWARDS DE6382
“FORMAL GRAY”

CONCRETE TILT-UP PANEL

PAINTED TO MATCH DUNN
EDWARDS DE5818
“MIDNIGHT HAZE”

WALL MOUNTED EXTERIOR

LIGHT FIXTURE BEGA

WALL LUMINAIRE LED

13.9W MODEL 33 816
FINISH: BLACK
12 12 77
1110987
1 9 10
11 133

GO MINI ADVANCED STORAGE

SOLUTIONS
CUP-S-2023-0011

PROJECT

LOCATION
134

GO MINI ADVANCED STORAGE

SOLUTIONS
CUP-S-2023-0011
135
12 IN R.O.W.
26 29
31 32
33 35
43 45
42 48
50 54
6768

GO MINI ADVANCED STORAGE

SOLUTIONS
CUP-S-2023-0011
136
137
138
1 MEMORANDUM IN OPPOSITION

1. Introduction.

Cochran Properties, a California Limited Partnership (“Appellant”) , has filed an appeal from the Planning Commission’s January 22, 2025 decision to grant Conditional Use Permit CUP-S-2023- 0011 (“CUP”), claiming that the plans submitted by Coolit! Rentals (“Applicant”) infringe on Appellant’s recorded easement rights (“Access Easement”). This Memorandum in Opposition is Applicant’s response to the notice of Appellant’s appeal and the Memorandum of Law attached thereto. For the reasons set forth below, the Applicant opposes the Appellant’s appeal and supports the CUP’s grant.

2. Recorded Easement Documents.

The “Access Easement” is the easement described in Paragraph 1.1 of that certain Gr ant of Easement and Agreement of Covenants, Conditions and Restrictions, executed on or around March 15, 1988, and recorded on April 12, 1988, as Instrument No. 88-047948 of the Official Records of the County of Ventura (“Easement Agreement”), and is further described and depicted in Exhibit C of the Easement Agreement, copies of which are attached to Appellants appeal as Exhibit 1.

The Access Easement is also referenced in Paragraph 1 of that certain First Amendment to Easement and Agreement of Covenants, Conditions and Restrictions effective November 6, 2017, and recorded on November 7, 2017, as Instrument No. 20171107-00144873- 0 of the Official Records of the County of Ventura (“Easement Amendment”), a copy of which is attached to Appellants present appeal as Exhibit 2.

The Access Easement vests the Appellant with rights of access, ingress and egress, both for vehicular and pedestrian means, over the area depicted in Exhibit C of the Easement Agreement (the “Easement Area”), via a paved driveway long in existence and use without any relevant dissent by the Appellant (the “Driveway”). Neither the CUP nor the Applicant’s planned development aim to materially alter the Driveway or impede the Appellant’s right of access over the same.

3. Conduct of City of Simi Valley Staff.

Applicant disagrees with and disavows Appellant’s assertions that the City of Simi Valley (“City”) “incited this dispute by forcing Applicant to include Appellant’s Access Easement in [the] project” and that the City “required that [Applicant] include the Access Easement in the plans and destroy Appellant’s existing parking and landscaping.” Applicant further disagrees with and disavows Appellant’s assertions that Applicant “was coerced into violating Appellant’s property rights in order for the city planning staff to approve his project.” Applicant understands that the CUP application and approval process is a collaborative endeavor that requires extensive communication and cooperation between Applicant and City staff and Applicant i s satisfied with the conduct of City staff throughout all phases of the CUP application and approval process.

Applicant does not believe that the City has taken any action inconsistent with applicable laws, codes, statutes, regulations, and procedures. As the fee owner of the property subject to the CUP application, Applicant recognizes that it is responsible to complete the project in accordance with all such applicable laws, codes, statutes, regulations, and procedures and does not object to the work required to bring that portion of the property covered by the Access Easement into compliance with applicable laws, codes, statutes, and regulations.

ATTACHMENT B
139
2 4. Jurisdiction and Authority to Interpret Easement Rights.

Appellant objects to the instruction given by the City Attorney for the City of Simi Valley (“City Attorney”) that the Planning Commissioners should not consider or discuss Appellant’s easement rights in determining whether to approve the CUP. This instruction is proper, not because Applicant would have any obligation to defend or indemnify the City in any action regarding the project or the Appellant’s Access Easement, but because neither the Planning Commission nor the City of Simi Valley have authority or jurisdiction to decide a dispute between two rea l property owners with regard to the scope and nature of an easement. The City Attorney properly advised the Planning Commissioners that it was not proper for them to discuss this dispute or to consider the opinions of either side when considering the CUP application. The Ventura County Superior Court’s Civil Division holds subject matter jurisdiction to adjudicate estates, interests and rights to land as between private parties such as fee title owners and beneficiaries of easement rights. The requirement that Appellant seek a judicial determination to settle a ny dispute with regard to the terms of a recorded easement is neither an injustice, nor is it an unconstitutional taking. It is simply the proper legal process through which such decisions are made.

5. Appellant’s Recorded Easement Rights.

Appellant asserts that the recorded Easement Agreement and the Easement Amendment (together the “Recorded Easement Documents”) entitle Appellant to: (a) park in the Access Easement; and (b) forbid and prevent any changes to existing parking areas within the Access Easement – which, significantly, were identified as “ encroachments” into the Easement Area under the Easement Amendment ( see Paragraph 3(c) of the Easement Amendment ). Both assertions are false. The Recorded Easement Documents refer to Appellant’s property as “Parcel 1” and Applicant’s property as “Parcel C.” For the purpose of this Section 5, we will use the same parcel designations.

5.1 Parking as an Easement Right.

The only easement rights granted to Parcel 1 by the Recorded Easement Documents are those defined in Paragraph 1.1 of the Easement Agreement, as follows:
“a perpetual non-exclusive easement for roadway purposes and for pedestrian and vehicular access, ingress, egress, use and enjoyment , together with all necessary rights and support and slope easements incidental thereto, in, to, over, upon, across and through the [Access Easement].” (Emphasis added.)
The Recorded Easement Documents do not grant Parcel 1 any right to park or to have parking spaces in the Easement Area. This position is further supported by the fact that the grant of easement language of paragraph 1 of the Easement Amendment provides a detailed lis t “[f]or avoidance of doubt” of what is included in the easement grant (i.e. “roadway, pedestrian, vehicular and utility access”) and specifically does not include parking. Parking and parking spaces appear to have become an issue by 2017, but nevertheless, parking notably never had been and continued not to be included in the list of the easement rights provided in the Recorded Easement Documents.

This glaring and apparently intentional exclusion of parking from the language of the granting language of the Recorded Easement Documents cannot be ignored and additional rights should not be granted without the fee owner’s properly documented approval. 140

3 Parcel 1’s right to “use and enjoyment” of the Access Easement does not include the right to park or to keep parking spaces in the Access Easement. The rights included under “use and enjoyment” are only those rights that are ancillary to the rights specifically granted in the easement and are defined by the easement’s purpose and the circumstances under which it wa s created. Under California law, use and enjoyment protects an easement grantee from actions by the grantor that interfere with a grantee’s “right to use and enjoy the premises for the purposes contemplated” by the grant of easement. (See Andrews v. Mobile Aire Estates, 125 Cal.App.4 th 578, 589 (2005), citing Petroleum Collections Inc. v. Swords, supra, 48 Cal.App.3d at p. 846, 122 Cal.Rptr. 114; see, e.g. Pierce v. Nash (1954) 126 Cal.App.2d 606, 614, 272 P.2d 938). The only purposes stated or contemplated by the grant of easement language in the granting instruments are “roadway purposes and for pedestrian and vehicular access, ingress, egress.” Under California law, the conveyance of an easement limited to roadway use grants a right of ingress and egress, but does not include the right to use the easement for any other purpose. (See Marlin v. Robinson (1932)
123 Cal.App. 373, 377, 11 P.2d 70.)
California caselaw has held that “An easement is a restricted right to specific, limited, definable use or activity upon another’s property, which right must be less than the right of ownership.” (Mesnick v. Caton (1986) 183 Cal.App.3d 1248, 1261, 228 Cal.Rptr. 779.) In the present case, the Recorded Easement Documents refer to the rights granted in the Access Easement as “non - exclusive.” If Appellant’s claims of supreme control over the Access Easement were allowed, then they would exceed the rights of Applicant as the fee owner of Parcel C. The fact that the easement rights are non-exclusive means that Applicant has , and/or may concurrently convey unto others, every right that Appellant claims to have, and no two parties can have the degree of control over a single area as Appellant claims over the Access Easement.

The simple and obvious fact made perfectly clear to every member of the City Council during their drive here today is that u se for vehicular access, ingress, and egress (i.e. driving) and use for parking are not the same thing. Parking is not ancillary to driving. In fact, driving and parking are fundamentally in conflict because one cannot drive where others are parked. If every ingress and egress easement allowed for parking in the access easement area, then California would be filled with obstructed private roads and driveways.

5.2 Right to Protect Parking Spaces as Encroachments.

The only paragraph in any granting instrument that refers to parking or parking spaces is Paragraph 3(c) of the 2017 Amendment, where it specifically identifies parking spaces as “encroachments of improvements from Parcel 1” into the Easement Area. An encroachment is an overreach of improvements by one landowner onto the property of a neighboring landowner, without legal right.

The existence of an encroachment does not give the encroaching party any legal right to so use the property of the neighboring landowner and, in fact, is a form of trespass ; to the contrary, had it been the parties’ intention that the parking spaces be sanctioned under the Easement Agreement, then Appellant would have enjoyed a legal right to have those parking spaces as situated, and they would not have been labeled as “encroachments.” At most, an acknowledgment of the encroachment by the neighboring landowner without any concurrent demand for removal of the encroachment might be taken as an implied form of permission to make such use. However, such permission to use constitutes the grant of a revocable license, not an irrevocable license, and not a grant of right such as an easement from the neighboring landowner. 141

4 Parcel 1’s right to “maintain” encroachments, such as parking spaces, does not mean the right to have or keep parking spaces or any other encroachments in the Access Easement. The language and context of Paragraph 3 of the Easement Amendment make it clear that this paragraph is not intended to detail any grant of rights, but rather, it is a grant of permission unto Parcel 1 to “maintain” certain improvements in the Easement Area. The term “maintain” is applied to several objects in a list, including features created by Parcel 1 and characterized as “encroachments,” such as parking spaces, as well as features clearly not owned by Parcel 1, such as utility lines and equipment. And so, logically, the term “maintain” cannot be read as “to have,” but only may be read as “to provide care and upkeep.” This is consistent with the recognized and accepted meanings of “maintain” and a textualist or contextualist method of legal interpretation. For example, the Cambridge Dictionary defines maintain as: “to keep in good condition; to keep a road, machine, building, etc. in good condition (emphasis added).” Although a term in abstract may have multiple definitions, the facts and context in this case make it clear that “maintain” refers to the upkeep and repair of the existing road, landscaping and irrigation systems.

And so, this limitation on the reading of “use and enjoyment” in this case is supported by the fact that the Recorded Easement Documents specifically call out parking spaces as encroachments, which by definition are unauthorized improvements. While such an encroachment appears to have existed, been acknowledged, and was allowed to continue for a period of time despite being outside the scope of the Access Easement, no further language was included in the Recorded Easement Documents to affect a grant of the right to continue to encroach or to draw such a right within the existing easement.

5.3 Analysis and Conclusions
For the foregoing reasons, it is important to note that the description of Parcel 1’s rights to the Access Easement are “for roadway purposes,” clarified to be for “pedestrian and vehicular” access, comings, goings and activities incidental thereto. There is no express purpose or express right of use specifying the location of structural improvements, parking lots, parki ng spaces, gardens, irrigation or any other uses that might occur on Parcel 1. The Recorded Easement Documents refer to the Access Easement as an “Access ” easement and not as an “Access and Parking” easement.

If the grantor had intended for the Access Easement’s purpose and use rights to include parking, for example, the language would have included an express reference to parking rights, as opposed to the encroachment of parking spaces. And, this absence makes sense. After all, parking is not an incident of gaining access and entry, but a distinct, competing, and possibly even mutually exclusive use.

Fortunately, the law does not support Appellant’s claims that simply because encroachments have been in place since the date of the Easement Amendment they have somehow become more than encroachments. Counsel for Appellant would have us accept that, because Appellant recalls the layout of the parcels in 1988 or 2017 and comments made by people at that time, we should not simply interpret the la nguage of the Recorded Easement Documents as they are written. This is not how legal rights to real property are established.

In terms of express easements, i n construing an instrument conveying an easement, the rules applicable to the construction of dee ds generally apply. That means that, if the language is clear and explicit in the conveyance of an easement, there is no occasion for the use of parol evidence 142

5 [evidence given or expressed verbally or orally that is not in a written document] to show the nature and extent of the rights acquired. (Wilson v. Abrams (1969) 1 Cal.App.3d 1030, 82 Cal.Rptr. 272; County of Sacramento v. Pacific Gas & Elec. Co. (1987) 193 Cal.App.3d 300, 313, 238 Cal.Rptr. 305.) The language of the Recorded Easement Docum ents is “clear and explicit” with regard to what rights were granted and what rights were not granted. No other evidence is needed.

In terms of prescriptive easements, no such device may be claimed. No matter how long an encroachment endures, it cannot be crystallized into a legal right by prescriptive easement by decree of court when it had been allowed to exist by the landowner’s permission - because permission vitiates the essential elements of prescription of adverse, notorious and hostile use. In California, a user of land may establish a prescriptive easement by proving that his or her use of another’s land was: (1) continuous and uninterrupted for at least five years; (2) open and notorious; and (3) hostile. ( Chicago Metallic Ceilings, Inc. (1984) 35 Cal.3d 564, 570-72; Felgenhauer v.

Soni (2004) 121 Cal.App.4th 445, 449- 50.) Again, the parties or predecessors executed the Easement Amendment to acknowledge Parcel 1’s parking spaces as encroachments, and thereby the owner of Parcel C inferred permission by not prohibiting continued location of those encroachments. This permission is reflected in extrinsic evidence as well.

6. Use of Access Easement For Roadway Purposes.

With a whiplash-inducing change of direction, Appellant follows the above arguments in favor of its right to maintain marked parking spaces bordered by concrete planters, trees, and irrigation systems, with an even more unfounded claim that it is entitled to use the entire Access Easement for roadway purposes simply because the area of the Access Easement is larger than the existing roadway. Applicant aims to support this erroneous claim by citing a case (Pear v. City and County of San Francisco, 281 Cal.Rptr.3d 841) holding that the “mode and manner of use [of an easement] shall remain substantially the same as it was at the time the easement was created.” Appellant simultaneously argues that it is entitled to drive wherever in the Access Easement is pleases, while also arguing that the location of the driveway and encroachments should not change.

Appellant grossly overstates its rights in the Access Easement. Applicant is the fee owner of Parcel C and the law clearly favors the fee owner where rights are unclear. California casel aw provides that every incident of ownership not inconsistent with the Recorded Easement Documents and the enjoyment of the same is reserved to the fee owner of the servient estate, i.e. the Applicant. (Golden West Baseball Co. v. City of Anaheim (1994) 25 Cal.App.4th 11, 35, 31 Cal.Rptr.2d 378; City of Los Angeles v. Ingersoll –Rand Co. (1976) 57 Cal.App.3d 889, 893–894, 129 Cal.Rptr. 485.) California law even goes so far as to require that the owner of the dominant tenement (i.e.

Appellant) must use their easements and rights in such a way as to impose as slight a burden as possible on the servient tenement. (Locklin v. City of Lafayette (1994) 7 Cal.4th 327, 356, fn. 17, 27 Cal.Rptr.2d 613, 867 P.2d 724.) Seeking to elevate a simple ingress and egress easement to the level of fee ownership violates both of these central tenants of California easement law.

7. Incompatible Use.

Next, Appellant argues that Applicant’s proposed use of the Access Easement are incompatible with Appellant’s easement rights. Those familiar with the two neighboring parcels and the proposed development of Parcel C will recognize that the proposed use of Parcel C is virtually 143

6 identical to the use of Parcel 1 and the historical use of the Driveway Easement Area by Appellant.

If fact, in compliance with the CUP, new improvements to be constructed in the Access Easement are almost exactly the same as the encroachments that currently exist in the Access Easement, except that they comply with current codes and regulations. To argue that use approved by the CUP is incompatible suggests that Appellant’s own actions to date have been incompatible with its own rights, which is senseless. To argue that use specifically designed to comply with the laws, codes and regulations of the City of Simi Valley is incompatible with the use of the same property by any party obligated to comply with such laws, codes and regulations is a legal non-starter.

8. Other Miscellaneous Arguments.

The remainder of Appellant’s arguments may be best described as challenging the right and ability of the Simi Valley Planning Commission to perform the duties and functions for which the commission was formed and empowered to regulation conditional use permits and other land us e matters with the City. The arguments and claims have no substantial foundation in law and do not merit specific opposition. Applicant recognizes the authority of the Planning Commission and will continue to cooperate with City staff to help move this project forward.

9. Conclusion.

The main difference in Applicant’s and Appellant’s positions is that Applicant recognizes the role and authority of the Planning Commission and the City Council of the City of Simi Valley, as well as legal limitation on the City’s authority and jurisdictio n. Applicant further recognizes that Appellant’s disputes are not within the City’s authority and jurisdiction to resolve. If Appellant desires to resolve the rights of each party in the Access Easement, there is a clear path for Appellant to resolve that matter in courts of proper jurisdiction and a voluminous body of both statutory and common law to inform a court’s decision on the matter. Applicant is confident that it will prevail in any such legal challenge, but it is content to present those arguments to the courts and does not desire to further occupy the efforts of the City of Simi Valley in this matter.

Respectfully submitted on behalf of Coolit! Rentals and For Our Nest, LLC, a California limited liability company, on February 18, 2025, for Hearing on Appeal before the Simi Valley City Council.

Jeffrey G. Nerdin, JD (SBN: 237547)
Jeffrey G. Nerdin, Attorney at Law
1558 Norwich Avenue
Thousand Oaks, California 91360
Telephone: (805) 284-8807
Email: [email protected]
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EXHIBIT 1

Planning Commission Package

Staff Report and Draft Minutes
CUP-S-2023-0011

January 22, 2025

145
CUPS20230011 PC Staff Report Continued (mg)

CITY OF SIMI VALLEY

MEMORANDUM
January
22, 2025
TO: Plan
ning Commission
FROM: S
ean Gibson, Deputy Environmental Services Director/City Planner

SUBJECT
: CONTINUED PUBLIC HEARING TO PLANNING COMMISSION AGENDA ITEM 1 2.A.2.; A REQUEST TO CONSIDER A CONDITIONAL USE
PERMIT (CUP-S-2023-0011) TO CONSTRUCT A 24,290-SQUARE FOOT

INDUSTRIAL BUILDING, WITH ACCOMPANYING OUTDOOR STORAGE
ON A 3.84- ACRE LOT; AND A DETERMINATION THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; LOCATED NORTH OF 875 COCHRAN STREET AND APPROXIMATELY
600 FEET WEST OF FIRST STREET
The proj
ect, CUP -S-2023-0011 is a 24,290- square foot industrial building, with accompanying outdoor storage over a 3. 84-acre parcel, north of 875 Cochran Street (Refer to Exhibit 1), was scheduled for Planning Commission Hearing on December 18, 2024. On December 18, 2024, the applicant requested a continuance to address concerns over an existing access easement (Refer to Exhibit 2). As the concerns over the easement are a civil matter amongst neighbors, the Applicant will move forward with the Planning Commission hearing for the development. Due to the lack of a Planning Commission quorum, the December 18, 2024 and January 8, 2025 Planning Commission meetings were canceled and this item was continued to the January 22, 2025 meeting.

The updated resolution is included on Page 4.

INDEX Page
Public
Hearing Procedure .............................................................................................. 2 Resolution ...................................................................................................................... 4 Exhibit A: Legal Description .................................................................................... 10 Exhibit B: Conditions of Approval ............................................................................ 11 Exhibit C: VCFD Memorandum, October 10, 2024 ................................................. 22 Exhibit D: Conditional Use Permit Findings (SVMC § 9-52.070) ............................ 26 Exhibit 1: December 18, 2024 Planning Commission Packet *Omitted Draft Resolution from exhibit to reduce duplication Exhibit 2: December 18, 2024 Written Statement from D. Felbinger Exhibit 3: January 9, 2025 Written Statement from Applicant AGENDA ITEM NO.

12.A.2.
146

2 CUPS20230011 PC Staff Report Continued (mg)

PLANNING COMMISSION PUBLIC HEARING PROCEDURE

HEARING DATE: January 22, 2025

CUP-S-2023-0011

1. CHAIRMAN: a) This is the time and place set for a continued public hearing on the consideration of CUP-S-2023-0011 and the determination that the project is exempt from the
California Environmental Quality Act.

b) Are there any ex parte communications to report?

c) May we have an oral report on this matter by staff?

2. STAFF: (Report)

3. ANY
COMMISSIONER: (Questions of staff)

4. CHAIRMAN: We will open the public testimony portion of the hearing.

5. CHAIRMAN: Would the applicant like to present the project?

6. CHAIRMAN: Are there any questions for the applicant?

7. CHAIRMAN: Is there anyone in the Chamber wishing to be heard on this matter?

8. AUDIENCE: (Comments)

9. CHAIRMAN: a) Are there any comments from staff regarding statements made during the public hearing? (Check with Deputy Environmental Services Director/City Planner, and staff members in the audience.)

(b) Would the applicant like to respond to any of the
comments regarding statements made during the public
hearing?

c) If there are no further questions, we will close the public testimony portion of the hearing.

d) Are there any comm ents or questions from members
of the Planning Commission?

10. ANY
COMMISSIONER: (Comments)
147

3 CUPS20230011 PC Staff Report Continued (mg)

11. CHAIRMAN: May I please have a reading of the Resolution?

12. RECORDING
SECRETARY: (Reads Number and Title of Resolution)

13. CHAIRMAN: The Chair will now entertain a motion.

14. ANY
COMMISSIONER: I move to adopt a resolution approving CUP-S-2023-0011

or

I move to adopt a resolution denying the project.

[Staff will prepare the resolution for the Planning Commission to ratify at the next meeting.]

15. CHAIRMAN: A motion was made by Commissioner ___________.

16. CHAIRMAN: May I have a Second?

17. ANY
COMMISSIONER: I second the motion.

18. CHAIRMAN: Call for the vote.

19. RECORDING
SECRETARY: The motion (passes or fails).

20. CHAIRMAN: The appeal period for the CUP-S-2023-0011 is 14 calendar days.

or

21. ANY
COMMISSIONER: I move continuation of the matter until the meeting of ___.

or

22. ANY
COMMISSIONER: I move continuation of the matter to a date uncertain.

23. CHAIRMAN: Proceed to the next item.
148

4 CUPS20230011 PC Staff Report Continued (mg)
RESOLUTION NO. SVPC 03-2025

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF SIMI VALLEY APPROVING A CONDITIONAL
USE PERMIT (CUP -S-2023-0011) TO CONSTRUCT A
24,290-SQUARE FOOT INDUSTRIAL BUILDING WITH
ACCOMPANYING OUTDOOR STORAGE ON A 3.84 -ACRE
PARCEL NORTH OF 875 COCHRAN STREET AND
APPROXIMATELY 600 FEET WEST OF FIRST STREET;

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. On September 12, 2023, PK:Architecture filed an application on behalf of CoolIt Rentals (“Applicant”) seeking a Conditional Use Permit (CUP -S-2023-0011) on a

3.84-acre site located north of 875 Cochran Street, and approximately 600 feet west of First Street, designated as Ventura County Assessor’s Parcel No. 615-0- 172-345 and by the legal description attached as Exhibit A, and incorporated by reference, to construct a 24,290-square foot industrial building, with accompanying outdoor storage (“project”);

B. The application was prepared and reviewed by the Environmental S ervices Director, or designee (collectively, the “Director”) for, in part, consistency with the General Plan;

C. The City reviewed the project’s environmental impacts under the California Environmental Quality Act (Public Resources Code § 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 California Code of Regulations § 150000, et seq., the “CEQA Guidelines”), and the City’s Environmental Guidelines;

D. The Director completed the review and scheduled a public hearing regarding the application before the Planning Commission on December 18, 2024;

E. On December 18, 2024, the Planning Commission meeting was cancelled due to a lack of Quorum;

F. On January 8, 2025, the Planning Commission meeting was cancelled due to a lack of Quorum;

G. On January 22, 2025, 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
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RES. NO. SVPC 03-2025

5 CUPS20230011 PC Staff Report Continued (mg)
H. This Resolution and its findings are made based upon the evidence presented to the Commission at its January 22, 2025 hearing, including, without limitation, the staff report submitted by the Director.

SECTION 2. Conditional Use Findings. SVMC § 9-52.070 requires the following findings:

A. SVMC Compliance.

The proposed industrial building is a permitted use and outdoor storage is allowed with a Conditional Use Permit in the Auto Industrial (AI) zoning district of the West End Specific Plan (WESP). The project is consistent with the WESP and the Simi Valley Municipal Code (SVMC) building height, minimum setback, off -street parking, and landscaping standards as detailed in the Staff Report.

B. General Plan Consistency.

The General Plan land use designation for this site is “Industrial,” intended for industrial, office, and research uses (City of Simi Valley General Plan, Chapter 3).

The site is located within the Auto Industrial zone of the WESP, intended for the development of dealerships for new cars, trucks, and recreational vehicles; the operation of businesses which serve to support the vehicle dealerships; and the development of compatible light industrial uses. The building will be used for manufacturing and warehousing, related office uses, and storage, and is therefore consistent with the General Plan land use designation and the WESP. The project is also consistent with the SVMC’s and WESP’s minimum off -street parking, landscaping, and setback standards.

The project is consistent with the following General Plan goals and policies:

1. General Plan Land Use Goal LU -5: Land Use Compatibility . The proposed manufacture and warehousing is compatible with the existing surrounding uses, which include industrial and office uses, manufacturing, and warehousing. The proposed use has the potential to enhance economic diversity, offering employment opportunities , and contributing revenues to the City. Therefore, the project will comply with this goal.

2. General Plan Land Use Policy LU -4: Employment Opportunities . The project has the potential to house up to six industrial businesses, which has the potential to create local, well-paying employment opportunities. Therefore, the project will comply with this policy.

C. Specific Plan Consistency.

The project is consistent with the following WESP objective:

1. West End Specific Plan Objective for Minimal Conflicts Between Various Uses (1.3.e). The proposed project is an allowed use and compatible with the surrounding industrial uses. The project provides necessary screening from neighboring lots, off -site parking for the proposed uses, and is setback 150
RES. NO. SVPC 03-2025

6 CUPS20230011 PC Staff Report Continued (mg)
significantly from neighboring lots. Therefore, the project complies with this objective.

D. Design Guideline Compliance.

The proposed project complies with the Citywide Design Guidelines (CDG) as follows:

1. CDG Chapter 4 – Screening. Landscaped slopes along the north, south , and east property lines will screen the proposed building and outdoor storage to minimize visual impacts of the new development to surrounding properties.

Therefore, the proposed project complies with this design guideline.

2. CDG Chapter 4 – Architectural Guidelines. The building incorporates horizontal articulation and textured panels, providing building indentations and architectural details. Therefore, the proposed project complies with this design guideline.

3. CDG Chapter 4 – Building Location. The building is located and designed carefully to fit in with the surrounding industrial uses, and will not dominate the existing character of the area. Therefore, the proposed project complies with this design guideline.

E. Compatibility with Existing and Future Land Uses.

The design, location, operating characteristics, and size of the proposed project will not have a significant impact on aesthetics and view protections of the site, in that the proposed project is compatible with the existing industrial buildings to the south and west, utilized for warehousing and manufacturing. A five- building, grayish-beige industrial complex sits to the west and an older two-building industrial development to the south. The proposed building is more similar in style to the existing District industrial condominiums along Cochran Street, directly to the south. The Chevrolet dealership building and car lot are located to the east and the 118 Freeway abuts the parcel to the north.

The proposed building will cover approximately 14.5 percent of the entire lot, while the open storage will take up approximately 66 percent. Development blocks the proposed building and it will not be visible from Cochran Street. Landscaping will further screen the building and open storage from public view.

Thus, the proposed industrial building’s design, location, and size is compatible with the existing land uses in the vicinity in terms of aesthetics, character , and scale.

F. Public Health, Safety, and Welfare.

The Applicant must obtain all required building permits from Building and Safety pursuant to the California Building Code Standards and all required permits from the Ventura County Fire Department (VCFD) before occupancy. The Applicant 151
RES. NO. SVPC 03-2025

7 CUPS20230011 PC Staff Report Continued (mg)
must provide a photometric plan to comply with minimum illumination standards for the public parking areas per SVMC § 9-30.040 to ensure minimum illumination standards at nighttime are met, and that the illumination does not spill onto adjacent properties or create glare (Condition A-14). The project will need to meet stormwater retention needs as specified in Conditions B-6 to *B-9. The Planning Commission, therefore, finds that the public health, safety, and welfare will be protected with implementation of these design conditions.

SECTION 3. Environmental Assessment. Because of the facts set forth in Section 1, the Director completed a Notice of Exemption, in accordance with the provisions of § 15332 of the California Environmental Quality Act.

SECTION 4 . Approval. Subject to the Conditions of Approval attached as Exhibit “B ”, which are incorporated by reference (the “COA”), the Planning Commission approves CUP-S-2023-0011. The COA incorporates by reference the Ventura County Fire Protection District Conditions (Exhibit C).

SECTION 5 . Delegation of Authority . The Director is authorized to make clerical corrections; minor technical changes ; and other non-sub stantive edits to the COA, in a form approved by the City Attorney, to ensure the CUP is properly implemented. Unless substantive changes are required, no additional Planning Commission action is required to ratify such changes.

SECTION 6. Reliance On Record. Each and every one of the findings and determinations set forth in this resolution are based on 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 c ompletely 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 proj ect 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 Planning Commission’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate projections. Somewhat related to this are the limitations for 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 u ntil superseded by a subsequent resolution.

SECTION 9. The Commission secretary is directed to mail a copy of this Resolution to any person requesting a copy.
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RES. NO. SVPC 03-2025

8 CUPS20230011 PC Staff Report Continued (mg)
SECTION 10. This resolution may be appealed within 14 calendar days after its adoption.

All appeals must be in writing and filed with the City Clerk within this time period. Failure to file a timely written appeal will constitute a waiver of any right of appeal.

PASSED and ADOPTED this 22
nd day of January 2025.

Attest:

__________________________ ______________________________ Megan Grai __________________, Chairperson
Management Assistant Planning Commission

Approved as to Form: Approved as to Content:

ALGERIA R. FORD, City Attorney

By:__________________________ ______________________________ Karl H. Berger Sean Gibson
Senior Assistant City Attorney Deputy Environmental Services Director/ City Planner

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RES. NO. SVPC 03-2025

9 CUPS20230011 PC Staff Report Continued (mg)

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 January 22, 2025, by the following vote:

AYES:

NAYS:

ABSTAIN:

ABSENT:

ATTEST:

___________________________
Megan Grai
Management Assistant

154

EXHIBIT A
10 CUPS20230011 PC Staff Report Continued (mg)

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 I:

PARCEL C OF PARCEL MAP NO. LD-S-690, IN THE CITY OF SIMI VALLEY, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 72, PAGES 16 TO 18 OF PARCELS MAPS, AND AS AMENDED BY MAP FILED IN BOOK 72, PAGES 50 AND 51 OF PARCEL MAPS, IN TH E OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPT FROM THAT PORTION OF SAID LAND LYING WITHIN THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 2 NORTH, RANGE 1 8 WEST, RANC HO SIMI, AS PER MAP RECORDED IN BOOK 3, PAGE 7 OF MAPS, ALL OIL, GAS, PETROLEUM , ASPHALTUM, BREA,

HYDROCARBON, CARBONACEOUS AND OTHER KINDRED SUBSTANCES AND

MINERALS WITH T HE RIGHT TO DEVELOP, TAKE, PRODUCE, STORE AND

REMOVE THE SAME AND THE RIGHT TO EXPLORE, SINK WELLS, LAY PIPES, PIPE

LINES, MAKE ROADS, ERECT, OPERATE, USE, MAINTAIN, REPAIR, AND REMOVE

DERRICKS, MACHINERY, EQUIPMENT, HOUSES, TANKS, PIPES, CASING, PIPE

LINES, STILLS, POLES, TELEPHONE AND TELEGRAPH LINES AND EQUIPMENT

AND ALL STRUCTURES, MACHINERY AN D APPLIANCES USUAL OR PROPER IN

CARRYING ON THE BUSINESS OF PRODUCING, STORING, TREA TING AND

MARKETING OIL, GAS AND ASSOCIATED PRODUCTS, AS SET FORTH IN THE DEED FROM WARREN B. LLOYD AND WIFE RECORDED JULY 7, 1915 IN BOOK 147, PAGE 239 OF DEEDS.

ALSO EXCEPT FROM A PORTION OF SAID LAND ALL MINERALS AND ALL OIL, GAS,

ASPHALTUM AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF SAID L AND, WITHOUT THE RIGHT TO

ENTER UPON SAID LAND OR USE THE SURFA CE FOR ANY PURPOSE, AS EXCEPTED IN DEED RECORDED DECEMBER 26, 1967 IN BOOK 3239, PAGE 69 OF OFFICIAL RECORDS.

PARCEL II:

AN EASEMENT FOR VEHICULAR, PEDESTRIAN, MAINTENANCE AND REPAIR

HEREAFTER CONSTRUCTED AND CONSISTING A PART OF THE EASEMENT AREAS OF PARCEL A AND PARCEL B OF PARCEL MAP NO. LD-S-303, SHOWN AND

DEPICTED IN THAT RECIPROCAL EASEMENT GRA NT AND AGREEMENT WITH COVENANTS CONDITIONS AND RESTRICTIONS, RECORDED APRIL 30, 20190430- 00046885-0 OF OFFICIAL RECORDS.

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RES. NO. SVPC 03-2025

EXHIBIT B
CASE NO.: CUP-S-2023-0011
APPLICANT: CoolIt Rentals

11 CUPS20230011 PC Staff Report Continued (mg)

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 successor and assigns thereto. These conditions are deemed to touch and concern the real property, which is the subject hereof, and will run with the land. Compliance with these conditions must be maintained for the life of the permit. 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 SVMC. This condition serves as notice, pursuant to Government Code § 66020(d) that the City is imposing development impact fees (DIFs) upon the project in accordance with the Mitigation Fee Act (Government Code § 66000, et seq.) and the SVMC. The permittee is informed that it may protest DIFs in accordance with Government Code § 66020.

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

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

GC.5 This decision is not effective until Permittee acknowledges acceptance of all project conditions and any appeal period has lapsed, or a waiver of right to appeal 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 t he Conditions of Approval.

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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 AP1 – Cover Sheet; Sheet AP2.1 – Overall Site Plan; AP2.2 – Miscellaneous Details; Sheet AP2 – Site Plan; Sheet AP3 – Floor Plan; Sheet AP5 – Building Elevations; Sheet 1 – Title Sheet; Sheet 2 – Engineered Site Plan; Sheet 5 – Protected Tree Exhibit; Sheet L1.1 – Preliminary Landscape Plan; and Sheet L1.2 – Preliminary Plant Images, dated May 2, 2024; Colors and Materials Board, dated January 30, 2024; and Arborist Report, dated April 27, 2023.

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 The 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 Simi Valley Municipal Code (“SVMC”).

A-4 Anything which is not shown on the application/plans, or which is not specifically approved, or which is not in compliance with this CUP, is not approved. Any application and/or plans which are defective as to, without limitation, omission, dimensions, scale, use, colors, materials, encroachments, easements, renders any entitlement null and void.

A-5 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, its assignees or successors in interest.

A-6 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.
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A-7 Permittee must provide to the Deputy Environmental Services Director/City Planner a copy of all conditions of approval recorded with the Ventura County Recorder's Office.

A-8 Permittee cannot attach signs, flags, pennants, streamers, or banners of any type to the light poles or landscaping.

A-9 Permittee must submit to the Environmental Services Director/City Planner for review and approval of a trash and recycling enclosure plan. The Director will review the enclosure plan for compliance with the following criteria:
a. The enclosure must incorporate the same architectural treatment and use the same approved exterior colors and the materials of the main building;
b. The enclosure must incorporate an opaque gate and include a solid roof, which will be designed to preclude trash from being blown out of the bins;
c. The height of the enclosure walls and gate must be the same or greater than the height of the bins within the enclosure; and d. Except when the bins are being accessed, the bins must be stored at all times within the enclosure with the gate closed.

A- 10 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 (utility equipment);
b. Screening design and location for all above-ground utility equipment by method of 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 be not feasible;
f. Depiction of the Traffic Sight Safety Area (TSSA); and g. Location of all above-ground utility equipment outside of the TSSA.

A- 11 In the event of the encounter of subsurface materials suspected to be of an archaeological or paleontological nature, all grading or excavation must cease in the immediate area, and the find left untouched. Permittee must select and provide a qualified professional archaeologist certified by the 158
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Register of Professional Archaeologists or paleontologist with a degree(s) in paleontology or geology to evaluate and make recommendations as to disposition, mitigation and/or salvage. The recommendation must be implemented before work may proceed. Permittee will be liable for all costs associated with the professional investigation and implementation.

A- 12 Before the time of occupancy inspection, Permittee must provide to the Deputy Environmental Services Director/City Planner 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- 13 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- 14 Permittee must submit photometric and luminaire plans which comply with Simi Valley Municipal Code § 9-30.040. All exterior light fixtures depicted on this plan must have fully recessed lenses and cut -off features that limit illumination at the property line to 0.5 footcandles. A note will be placed on the plan that states: "All downcast light fixtures will be installed and permanently maintained in a horizontal position".
*A-15 Permittee must not store materials within 70 feet of the northern property line, against the 118 Freeway.
*A-16 Permittee must maintain a height of 15 feet or less for outdoor storage at all times.

B. PUBLIC WORKS CONDITIONS:

General
B-1 Permittee must o btain an encroachment permit from the Public Works Director or Designee for construction of public easement or right -of-way.

Before a permit is issued, 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 must be provided in a form and amount acceptable to the City Engineer.

B-2 Before occupancy, Permittee must complete all improvements per the accepted plans and approved conditions, and must obtain acceptance for the improvements by the City Engineer.

B-3 Before requesting a final inspection for release of securities, Permittee must submit record drawings, certifications, final soils report, and digital file(s) of record drawings in an ESRI Info or DXF formal compatible with the City GIS database to the Director of Public Works, or designee.

Grading
B-4 Before the City Engineer issues a grading permit, Permittee must submit a site paving, drainage, and grading plan, subject to review and approval by the City Engineer. The plans must be in conformance with Chapter 7 of the 159
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Ventura County Land Development Manual adopted by City Council Resolution No. 69- 8. The 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. Upon acceptance of the soils report by the City Engineer, Permittee must submit digital files of the report and all comments, responses, references, and supporting data to the City Engineer.

B-5 Before the City Engineer issues a grading permit, Permittee must post improvement securities for all grading, pay all applicable fees, and provide insurance documentation in a form acceptable to the City Engineer.

Drainage
B-6 Before the City Engineer issues a grading permit, Permittee must provide a final drainage study prepared by a California State Registered Civil Engineer. The 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 Ventura County Technical Guidance Manual for Stormwater Quality Measures.

B-7 Permittee must incorporate stormwater 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. For projects of 10 acres or more of developable area, the unit volume method must be used. Detention facilities must be privately maintained by the property owner(s) or homeowner(s) association.
*B-8 Before the City Engineer issues a grading permit, Permittee must prepare a Storm Water Pollution Prevention Plan (SWPPP) and must incorporate permanent stormwater quality treatment devices into the site improvements for review and approval by the City Engineer. The SWPPP must be prepared and implemented to comply with:
a. State Water Resources Control Board Order No. 2009- 0009-DWQ, Order No. CAS000002, “National Pollution Discharg e Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities”.

b. California Regional Water Quality Control Board, Los Angeles Region, Order No. R4- 2010-0108, NPDES Permit No. CAS004002 “ Waste Discharge Requirements for Storm Water (Wet Weather) and Non- Storm (Dry Weather) Discharges from Municipal Separate Storm Sewer Systems within Ventura County Watershed Protection District, County 160
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of Ventura and the Incorporated Cities Therein” for a SWPPP. A Notice of Intent (NOI) shall be submitted to the Los Angeles Regional State Water Resources Control Board to comply with the General Permit No.

CAS004002.

c. A Notice of Intent (NOI) shall be submitted to the Los Angeles Regional State Water Resourc es Control Board to comply with General Permit No. 2009-0009-DWQ.

Permittee must identify pollutant sources and must include the design and recommended construction, implementation, and maintenance measures to eliminate or reduce the discharges of pollutants from the project site into the public storm drain system during and after the construction period. *B-9 Before o ccupancy, Permittee must submit to the City Engineer for review, and shall execute and record upon approval, a Deed Restriction Covenant and an Agreement regarding Storm Drains, Stormwater Detention, and Stormwater Treatment Device Maintenance (“Stormwater Agreement”).

The Agreement must be consistent with the current Technical Guidance Manual for Stormwater Quality Control Measures of the Ventura County Stormwater Quality Management Program.

Traffic
*B-10 Permittee must design and construct any landscaping to incorporate and provide for the minimum safe vehicle/driver sight distances within circulating roadways, restricting the height of any planting material to 30 inches or less within the driver's sight distance area.
*B-11 Permittee must design and construct all on- site traffic circulation elements and traffic control devices (e.g. pavement delineation, signage) in accordance with the California Manual on Uniform Traffic Control Devices, latest edition.
*B-12 Permittee must pay the Traffic Impact Fee specified in the City of Simi Valley Schedule of Service Charges in effect at the time of payment, as stated in the current Traffic Impact Fee Resolution. The total fee is based on daily vehicle trip ends, with the project forecast to generate 118 daily trip ends.

Transit
B- 13 Permittee must inform the Transit Division at least 72 hours before the start of construction at the project location.

Waterworks District 8
B- 14 Permittee must design all public water facilities to comply wit h the Rules and Regulations of the District, per Resolution No. WWD -2, and the Water Design and Construction Standards Manual adopted by the Board of Directors of District on July 26, 2021, and subsequent revisions. 161
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B- 15 Permittee must include language in the CC&R documenting that the on-site fire line is privately owned and maintained by the property owners, before final approval of tract or parcel map. Permittee must provide an approved copy to the Director of Public Works or designee.

B- 16 Permittee must apply for, and obtain, a Water Will -Serve Letter from the Director of Public Works or designee.

B- 17 Before issuance of a Water Will-Serve Letter, Permittee must submit Water Improvement Plans to the Public Works Director or designee for review and approval. The Water Improvement Plans must show the domestic, irrigation, fire line connections, and backflow prevention assemblies.

B- 18 Permittee must submit to the Ventura County Fire Protection District (VCFPD) to review and approve the locations of existing and proposed fire hydrants on the Water Improvement Plans before approval by the Public Works Director or designee.

B- 19 Permittee must locate backflow prevention assemblies on private property as close as practical to the meter, but no further than ten (10) feet from the public-right-of way or District’s easement.

B- 20 Before issuance of a Water Will -Serve Letter, Permittee must submit a Water Supply Fixture Unit (WSFU) count in accordance with the latest version of the California Plumbing Code to the Director of Public Works or designee.

B- 21 Before issuance of a Water Will -Serve Letter, Permittee must submit form VCFPD FORM 625 with authorized signatures from VCFPD and the District.

B- 22 Before issuance of a Water Will-Serve Letter, Permittee must pay the capital improvement charge for water service to the City Engineer. Actual fees will be determined at the time of payment.

B- 23 Before installation of landscaping or issuance of a Certificate of Occupancy (COO), whichever comes first, P ermittee must purchase and install the domestic and irrigation water meters.

Sanitation
B-24 Permittee must submit a utility plan and obtain approval from the Public Works Director or designee, showing the proposed sewer connecting to the sewer manhole at the west terminus on Cochran Street, designed per the Manual and Standard Plans for the Design and Construction of Sanitary Sewerage Facilities adopted by the City Council of the City of Simi V alley on August 28, 2006, and subsequent revisions.

B-25 Before issuance of a building permit, Permittee must apply for and obtain Sewer Will-Serve Letter from the City Engineer.
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B-26 Before issuance of the Sewer Will -Serve Letter, Permittee must pay the sewer connection fees and all applicable fees for a Full -Service restaurant based on the number of seats to the City Engineer. Credits may apply and actual fees will be determined at the time of payment.

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 City of Simi Valley Landscape Design Guidelines; b. Comply with the conceptual landscape plan as approved by the Planning Commission;
c. 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 latest adopted version of the California State Model Water Efficient Landscape Ordinance;
d. Comply with the approved site plan and Public Works grading and improvement plans;
e. Include an agronomic soils report as specified in the latest adopted version of the California State Model Water Efficient Landscape Ordinance. The soils report must be based on soil conditions after the establishment of final grades, and final landscape plans must incorporate the report recommendations;
f. Include a Water Efficient Landscape Worksheet with each submittal of landscape and irrigation plans;
g. Show all protected trees pursuant to § 9-38.050 of the SVMC; h. 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;
i. Include planting and irrigation with native compat ible, 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; and
j. Clearly identify required temporary landscape-related improvements and irrigation (e.g., for erosion control), separately from permanent systems.
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C-2 All landscaping must be low water use, with drought-tolerant plant materials irrigated by a low-precipitation or drip-irrigation system. Materials must be from the Water Use Classification of Landscape Species (WUCOLS) Low Water-Using Plant List, and the irrigation system will utilize in -ground moisture sensors, which are connected to the automatic controller governing the rate and frequency of irrigation.

C-3 Before the issuance of 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 must not remove any of the mature trees before the commencement of any grading.

C-4 Permittee must protect and preserve all protected trees on the site from the date of this approval until final inspection or 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 the permit, Permittee must mitigate the loss of all protected trees, relocated trees, and trees identified on the Final Landscape Plan, pursuant to Title 9, Chapter 38, of the SVMC and the City’s Landscape Design Guidelines.

C-6 Before the Building Official issues a Certificate of Occupancy or a Final Inspection request, whichever comes first, Permittee must:
a. Install all landscaping 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-7 For the lifetime of this permit, Permittee must maintain landscaping in compliance with the following standards:
a. All tree pruning must conform to the current arboricultural pruning guidelines including, without limitation, Tree Care Industry Association, ANSI A300 Standards;
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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 CONDITIONS:

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 9, 2024 (Exhibit C), which is incorporated by reference.

END OF ALL CONDITIONS
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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 Environmental Services Director or designee in its approval of CUP -S-2023-0011. 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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EXHIBIT C
CASE NO.: CUP-S-2023-0011
APPLICANT: CoolIt Rentals

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Fire Prevention Bureau
2400 Conejo Spectrum St. Thousand
Oaks, CA 91320
Office (805) 389-9738
[email protected]

MEMORANDUM

DATE: October 10, 2024
TO: Zarui Chaparyan, Associate Planner
FROM: Alan Dearden, Senior Fire Inspector
PROJECT NUMBER: CUP-S-2023-0011
FIRE DEPT. RECORD: FPLN23-00332
APPLICANT: Alan Grofsky
LOCATION: 861 E. Cochran St.

DESCRIPTION: New 24,290sf. Industrial Building

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

Fire Department Clearance - Applicant shall submit VCF D Form #610, Fire Permit Application, prior to obtaining a building permit for any new structures.

Fire-Flow (Commercial, Industrial, Multi -family buildings) - The minimum fire -flow required shall be determined as specified by the current adopted edition of the California Fire Code Appendix B with adopted Amendments and the applicable Waterworks Manual for the jurisdiction (whichever is more restrictive). The applicant shall verify that the water purveyor can provide the required fire flow, of 1,000 gallons per minute at 20 psi for a minimum 3-hour duration, prior to obtaining a building permit by having them fill out VCFD Form #625, Fire-Flow Verification.

Private Roads/Driveways - Private roads and driveways shall comply with Public Road Standards, VCFPD Ordinance 29, and VCFPD Standard 501.

Aerial Apparatus Access - Private roads shall comply with Public Road Standards.

Multi-Family, Commercial, or Industrial Buildings or portions of buildings or facilities exceeding 30-feet in height above the lowest level of fire department access shall require an approved aerial ladder fire apparatus access road. The highest roof surface shall be determined by measurement to the eave of a pitched roof, the intersection of the roof to the exterior wall, or the top of parapet walls, whichever is greater. One aerial apparatus access road shall be provided per 50,000 square feet of building area. Aerial apparatus access roads shall have a minimum unobstructed width of 30 feet, exclusive of shoulders.

Required aerial apparatus access roads shall be located within a minimum of 15 feet and 167
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a maximum of 30 feet from the building. Aerial apparatus access roads shall be positioned such that they are parallel to the entire side of the building. The side of the building on which the aerial fire apparatus access road is positioned shall be along the longest side of the building, unless otherwise approved by the fire code official. Parking shall be prohibited along the required width of the access roads. Overhead utility and power lines shall not be located within the aerial ladder fire apparatus access roads. Landscaping and other improvements between the required access and the buildings shall not interfere with aerial ladder fire apparatus operations, as approved by the fire district.

Access Road and Private Roads Width - Private roads shall comply with Public Road Standards. Minimum access road width of 24 feet shall be required with no on- street parking permitted.

Turning Radius - The access road shall be of sufficient width to allow for a 40- foot centerline turning radius at all turns in the road.

Road Surface Construction and Grade Limitations - Fire apparatus access roads serving commercial and industrial occupancies shall have a structural cross section and surface complying with the public road standards for the jurisdiction in which the project is located and grades shall not exceed 10%.

Vertical Curve - The vertical curve of a fire apparatus access road serving commercial and industrial occupancies shall not allow for transitions between grades that exceed 6% elevation change along any 10- foot section. These transitions shall include angle of approach, angle of departure, and high centering of fire apparatus.

Vertical Clearance - All access roads/driveways shall have a minimum vertical clearance of 13 feet 6 inches (13' 6"). Clear of building to sky.

Dead-end Roads and Secondary Access. The maximum length of dead-end roads shall not exceed 800 feet. Two means of ingress/egress shall be provided in accordance with VCFPD access standards.

Secondary Access - When secondary access is required, the width, grade, vertical and horizontal curves, and construction standards shall be the same as required for the primary access road. The minimum separation of primary and secondary access roads in areas determined non- hazardous fire areas shall be 300 feet. Separation shall be measured at the point which each road terminates at a location where a vehicle operator can choose two independent directions in which to travel.

Access Covenant - A covenant and deed restriction upon parcels 615-00172-345, 615- 0-172-335, and the common areas of 615-53 shall be recorded and a copy of the recorded document shall be provided to the Fire District within (7) days of recordation. This covenant shall require upon the sale of any of these parcels, a reciprocal access easement be recorded on all parcels who share the access road. A covenant shall be placed upon multiple parcels served by the same fire apparatus access roads that are under the same ownership. This easement shall allow for an access road meeting all 168
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Ventura County Fire Protection District access standards and shall be approved by the Ventura County Fire Protection District prior to recordation.

Access Road Gates - Any gates to control vehicle access are to be located to allow a vehicle waiting for entrance to be completely off the intersecting roadway. A minimum clear open width of 15-feet in each direction shall be provided for separate entry/exit gates and a minimum 20- feet for combined entry/exit gates. If gates are to be l ocked, a Knox system shall be installed. The method of gate control, including operation during power failure (battery back-up), shall be subject to review by the Fire Prevention Division. Gate plan details shall be submitted to the Fire District for approval prior to installation. A final acceptance inspection by the Fire District is required prior to placing any gate into service.

Fire Lanes - Prior to construction the applicant shall submit two (2) site plans to the Fire District for approval of the location of fire lanes. Prior to occupancy, all fire lanes shall be posted “NO PARKING -FIRE LANE-TOW AWAY” in accordance with California Vehicle Code, the California Fire Code and current VCFPD Fire Lane Standards. All signs and or Fire Lane markings shall be within recorded access easements.

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

Fire Hydrant Design (Commercial, Industrial, Multi-family buildings) - Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Ventura County Waterworks Manual and the following. • Each hydrant shall be a 6- inch wet barrel design and shall have one 4- inch and two 2 ½-inch outlets.
• The required fire flow shall be achieved at no less than 20-psi residual pressure. • Fire hydrants shall be set back from the curb face 24 inches on center. • No obstructions, including walls, trees, lights, signposts, and meters shall be placed within three feet of any hydrant.
• A concrete pad shall be installed extending 18 inches in all directions from the fire hydrant.
• Ground clearance to the lowest operating nut shall be between 18 to 24 inches.

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

Fire Sprinklers - All structures shall be provided with an automatic fire sprinkler system in accordance with California Building Code and California Fire Code requirements, and 169
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current Ventura County Fire Ordinance at time of building permit application. For buildings of undetermined use with a ceiling height of over 20 feet, the system shall be designed as Extra Hazard Group 1, with a density of 0.33 square feet and a minimum design area of 3,000 square feet.

Water System Plans - Plans for water systems supplying fire hydrants and/or fire sprinkler systems and not located within a water purveyor’s easement, shall be submitted to the Fire District for review and approval prior to issuance of grading and/or building permits or signing of grading plans, whichever is first. Plans shall reflect only dedicated private fire service lines and associated appurtenances. Plans shall be designed and submitted in accordance with VCFPD Standards.

Fire Alarm System - A fire alarm system shall be installed in all buildings in accordance with the California Building Code and California Fire Code requirements.

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

Fire Code Permits - Applicant and/or tenant shall obtain all applicable Operational Fire Code Permits prior to occupancy or use of any system or item requiring an opera tional permit in accordance with Section 105 of the California Fire Code.

Emergency Lighting and Exit Signs - Emergency lighting and exit signage shall be installed in all buildings in accordance with the California Building Code and California Fire Code requirements.

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

Trash Dumpster Locations - Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within 5 feet of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic fire sprinklers.

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

In the event a structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance on an elevated post. Individual unit numbers shall be a minimum of 4-inches in height and shall be posted at the front and rear entrance to each unit. Additional address directional signs may be required at common building entrances and stairways.
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RES. NO. SVPC 03-2025

EXHIBIT D
CASE NO.: CUP-S-2023-0011
APPLICANT: CoolIt Rentals

26 CUPS20230011 PC Staff Report Continued (mg)
Conditional Use Permit (SVMC § 9-52.070)

G. Findings and decision. Following a public hearing, the applicable review authority may approve, conditionally approve, or disapprove an application for a Conditional Use Permit and shall record the decision and the findings upon which the decision is based. The review authority may approve a Conditional Use Permit only after first finding that:

1. The proposed use is allowed with a Conditional Use Permit within the applicable zoning district or with an Administrative Use Permit as identified in Subsection E (Administrative Use Permits), above, and complies with all applicable provisions of this Development Code;

2. The proposed use is consistent with the purpose, intent, goals, policies, programs, and land use designations of the General Plan and any applicable specific plan;

3. The proposed site plan and design would ensure consistency with applic able design guidelines;

4. The design, location, operating characteristics, and size of the proposed use would be compatible with the existing and future land uses in the vicinity, in terms of aesthetics, character, scale and view protection; and

5. The proper standards and conditions have been imposed which protect the public safety, health, and welfare.
(§ 5, Ord. 1085, eff. January 6, 2006, as amended by Exh. A, Ord. 1147, eff. August 20, 2009; § 2 (Exh. A), Ord. No. 1183, eff. March 15, 2012; § 2 (Ex h. A), Ord. No. 1322, eff. July 8, 2021 and § 2(Exh. A), Ord. No. 1327, eff. November 11, 2021)

171
CUPS20230011 PC Staff Report (mg)

DEPARTMENT OF ENVIRONMENTAL SERVICES

PLANNING COMMISSION STAFF REPORT

CASE NO.: CUP-S-2023-0011 HEARING DATE: December 18, 2024

STAFF CONTACT: Zarui Chaparyan
(805) 583-6774
REQUEST: A Conditional Use Permit (CUP -S-2023-0011) to construct a 24,290-square foot industrial building, with accompanying outdoor storage on a 3.84-acre vacant parcel
RECOMMENDATION: Approve CUP-S-2023-0013 and determine that the project is exempt from the California Environmental Quality Act APPLICANT: Michael Lohman
1197 Los Angeles Avenue
C340
Simi Valley, CA 93065
(805) 304-1487
PK:Architecture
29619 Agoura Road
Agoura Hills, CA 91301
Attn: Alan Grofsky
(818) 584-0057
GENERAL PLAN: Industrial
ZONING: Auto Industrial, West End Specific Plan [AI(SP)] LOCATION: North of 875 Cochran Street and approximately 600 feet west of First Street

AGENDA ITEM NO.

11.A.1.

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CASE NO.: CUP-S-2023-0011
APPLICANT: CoolIt Rentals

2 CUPS20230011 PC Staff Report (mg)

PROJECT DESCRIPTION
The Applicant, Michael Lohman of CoolIt Rentals (“Applicant”), requests approval of a Conditional Use Permit (CUP-S-2023-0011) to construct a 24,290 square foot building for the manufacture and warehousing of refrigerated storage units , with approximately 43,800-square feet of outdoor storage for the units, on a 3.84-acre vacant parcel, within the West End Specific Plan (WESP). The surrounding zoning and land uses are described in Table 1. See the project findings in the Resolution for project compatibility with existing and future land uses in the vicinity.

Project Layout and Site Access

The vacant parcel sits behind other industrial buildings and is adjacent to the 118 Freeway. The industrial building is proposed on the western portion of the lot, while the open storage will take up to 2/3rds of the east side of the property (Refer to Figure 1) .

Existing buildings will screen the proposed building and storage from Cochran Street, and trees along the northern upward slope of the subject property will screen the majority of the development from the 118 Freeway.

The 87,117 square feet of open outdoor storage to the east of the proposed building is for the storage of the manufactured containers. Rows of single containers stacked against each other will be spaced at least 20 feet apart, allowing for vehicular access and movement of containers. Containers must be setback 70 feet from the northern property line, against the 118 Freeway, pursuant to the West End Specific Plan, § 3.3.8.B (Refer to Condition *A-15). Per Simi Valley Municipal Code ( SVMC § 9-44.110), the height of the outdoor storage is limited to 15 feet.

A 582-foot long split face block retaining natural gray wall is proposed along the north side of the property, and turns along the eastern property line, to run 167 feet to the south.

The wall varies in height, up to 12 feet. The retaining wall extends into Parcel B, between one and two feet in height.

The property is accessible from Cochran Street via two access easement driveways, the eastern and western easements . The easements extend from the subject propert y over the two southerly properties until they connect to Cochran Street. The main access to the building will be from the western easement. Paving is proposed for the eastern access easement, also extending into Parcel B, the parcel directly south of the subject property.

Floor Plan and Parking

The proposed building will consist of 10,268- square feet of manufacture space, 10,269- square feet of warehouse space, and 3,640-square feet of office space (15 percent of the total square footage). At this time, CoolIt Rentals will solely occupy the building. However, the future build out of the building will include six units, each with an office and warehouse/industrial space (Refer to Figure 2).

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CASE NO.: CUP-S-2023-0011
APPLICANT: CoolIt Rentals

3 CUPS20230011 PC Staff Report (mg)
The project proposes 51 parking spaces along the north, west , and south sides of the building, 49 spaces are required per Simi Valley Municipal Code (SVMC) § 9- 34.060 for general manufacturing and warehousing - See Table 2).

Table 1: Land Use Designations, Zoning and Uses Surrounding the Project Site

GENERAL PLAN ZONING LAND USE
PROJECT SITE:

Industrial
Auto Industrial, West
End Specific Plan
[AI(SP)]

Vacant
NORTH: Transportation Freeway 118 Freeway
SOUTH:

Industrial
Auto Industrial, West
End Specific Plan
[AI(SP)]

Industrial Complex;
Cochran Street
Beyond
EAST:

General
Commercial
Commercial Planned
Development, New
Vehicle Dealership
Overlay [CPD(NVD)]

Auto Sales and
Service (Chevrolet)
WEST:

Industrial
Auto Industrial, West
End Specific Plan
[AI(SP)]

Industrial Complex

Figure 1: Proposed Project

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CASE NO.: CUP-S-2023-0011
APPLICANT: CoolIt Rentals

4 CUPS20230011 PC Staff Report (mg)
Figure 2: Proposed Floor Plan

Landscaping and Trees

The project will provide 26,772-square feet of landscaping (16 percent) to comply with the West End Specific Plan’s requirement of 15 percent site landscaping. Trees, low water use, and shade tolerant shrubs and groundcover make up the project’s landscaping. The Applicant is proposing that trees be located in the parking lot islands and around the building to create shade for users. Two patio areas, with picnic tables are proposed for employee use. The open storage area will be paved concrete.

Fencing and a landscaped buffer along the northern and eastern property lines will screen the building and open storage from the 118 Freeway and neighboring lot. A six -foot tall wrought iron fence, with vine screening wi ll run along the southern property line that will screen the open storage from the neighboring lot to the south.

Pursuant to the project’s tree report (Exhibit 2), there are 60 protected trees, including five oak trees, on site. Fourty-four (44) trees will be removed as part of the project and have a replacement (mitigation) value of $146,200. The conditions of approval for the project require mitigation of the tree removal by the planting of new trees on site (Refer to Conditions C-4 and C-5). If there is insufficient space on site to meet the full mitigation requirement, the excess amount will be paid into the City’s tree mitigation fund.

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CASE NO.: CUP-S-2023-0011
APPLICANT: CoolIt Rentals

5 CUPS20230011 PC Staff Report (mg)
Project Design

The building will vary between 34 and 36 feet in height. The exterior of the building will consist of concrete tilt -up walls in varying shades of gray and blue, as well as green glazing. The building will have recessed wall sections and a varied roofline on all building sides (Refer to Figures 3-6).

Figure 3: West Elevation Rendering

Figure 4: South Elevation Rendering

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CASE NO.: CUP-S-2023-0011
APPLICANT: CoolIt Rentals

6 CUPS20230011 PC Staff Report (mg)
Figure 5: East Elevation Rendering

Figure 6: North Elevation Rendering

Simi Valley Municipal Code and West End Specific Plan Compliance

The project was reviewed for compliance and consistency with the SVMC and the West End Specific Plan, as detailed in Table 2.

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CASE NO.: CUP-S-2023-0011
APPLICANT: CoolIt Rentals

7 CUPS20230011 PC Staff Report (mg)
Table 2: SVMC and West End Specific Plan Requirements

REQUIRED PROVIDED
Off Street Parking
(SVMC § 9-34.060)
49 (Parking for manufacturing and
warehousing, with 15 percent maximum
office space)

51 Landscaping
(WESP § 3.3.6)
15% Minimum 16%
Setbacks (WESP §

3.3.2.1 and SVMC
§ 9-30.080)
WESP: Minimum 36 feet for all yards
(100 percent of building height when the
building is over 35 feet in height)

Main building:

Front (west side) :
82 feet
North Side: 82 feet
South Side: 84 feet
Rear (east side) :
358 feet
Height (WESP §

3.3.2.2)
48 feet maximum 34-36 feet
Bicycle Parking
(SVMC § 9-

34.070)
4 (One bicycle for each 20 required off-
street parking spaces)
6 Loading Standards
(SVMC § 9-

34.100)
1 loading space for buildings between
5,000-30,000 square feet
1 Recyclable and
Discard Collection
Containers (SVMC
§ 9-35.050)
Trash Enclosure space for a minimum of
three cubic yard discard containers
2 enclosures to
each house two
three cubic yard
discard containers
Storage Height
(SVMC § 9-

44.110)
The materials stored shall not exceed a
height of 15 feet as measured from
abutting level land, either on-site or off-site
Condition *A-16
limits storage height
to 15 feet

Traffic

A traffic and circulation study analyzed trips generated based on light industrial land uses (Associated Transportation Engineers, April 2, 2024). The project is estimated to generate a total of 118 average daily trips, with 18 trips in the morning peak hours and 16 trips in the evening peak hour. The project generated AM and PM peak hour traffic volumes were distributed and assigned to the study-area intersections based on travel date from existing traffic volumes and knowledge of the population, employment and commercial centers in the area. Findings indicate that the project would not have an adverse effect on the study area during AM and PM peak hours. As such, the City’s Traffic Engineer has determined that a VMT (vehicle miles traveled) analysis is not required (See Exhibit 3 and Refer to Conditions *B-10 to *B-12).

178
CASE NO.: CUP-S-2023-0011
APPLICANT: CoolIt Rentals

8 CUPS20230011 PC Staff Report (mg)

NEIGHBORHOOD COUNCIL

Executive Board of Neighborhood Council # 3 heard the project on November 14, 2024 and recommended approval by a vote of 12 Ayes; 0 Noes; 0 Abstentions. The audience vote was 2 Ayes; 0 Noes; 0 Abstentions . A summary of NC # 3 meeting is attached as Attachment B.

ISSUES

Staff identified no issues with the proposed project.

CONSISTENCY WITH ECONOMIC DEVELOPMENT STRATEGIC PLAN

The Simi Valley Economic Development Strategic Plan (March 4, 2024) (“Plan”) points to the importance of encouraging high density and high paying industrial uses for economic growth (Page 3). One strategy is to attract investment in new business to accommodate targeted business growth in new locations or areas suitable for such uses. The proposed project furthers this strategy, in that it has the potential to drive economic development and job growth for the City through the expansion of an existing and innovative business.

The project further supports the Plan in that it has the potential to encourage new and innovative industrial uses with tenants. The proposed building may accommodate up to six future industrial tenants, which has the potential to contribute to the industrial use demand for the City and offer employment opportunities.

ENVIRONMENTAL REVIEW AND CEQA REQUIREMENTS

The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to § 15332 of the state CEQA Guidelines, which reads:

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 project is consistent with CEQA, pursuant to § 15332, in that:

a. The proposed project to construct a manufacture and warehousing building with open storage is consistent with the General Plan land use designation of Industrial and the WESP’s zoning designation of Auto Industrial (AI). The proposed project 179
CASE NO.: CUP-S-2023-0011
APPLICANT: CoolIt Rentals

9 CUPS20230011 PC Staff Report (mg)
does not conflict with applicable policies of the General Plan or regulations in the Development Code, nor the WESP.

b. The proposed project is located on a 3.84-acre parcel within the City of Simi Valley.

c. The project site is surrounded by urban uses (Refer to Table 1 ), and due to its location in a highly developed area in the City, has no value as habitat for endangered, rare or threatened species.

d. The City’s Traffic Engineer determined that the project would not cause any intersection to operate below LOS C (level of service), as the April 2024 Traffic and Circulation Study by Associated Transportation Engineers indicates that the study area intersections would continue to operate in the LOS A range with the addition of project generated traffic, and would not cause a significant increase in noise levels . The cumulative traffic noise impacts due to the project’s specific contribution is projected to remain below 0.1 dBA CNEL . Such impacts are considered less than significant.

Per the April 2024 Air Quality, Greenhouse Gas Emissions, and Energy Report prepared by Envicom Corporation, the project will not result in a significant impact on air quality in that it will not generate reactive organic compounds (ROC) or oxides of nitrogen (NOx) in excess of 25 pounds per day. To ensure that the project will not result in significant impacts to water quality, the implementation of a Storm Water Pollution control plan in compliance with the National Pollutant Discharge Elimination System is required.

e. The project is located in a developed part of the City with all required utilities and public services currently serving the area available to serve the proposed project.

Based on the above, the project is exempt from further CEQA review as a Class 32 exemption. A Notice of Exemption is attached to this report (Attachment A).

INDEX Page

Public Hearing Procedure ............................................................................................. 10 Resolution ..................................................................................................................... 12 Exhibit A: Legal Description ..................................................................................... 17 Exhibit B: Conditions of Approval ............................................................................. 18 Exhibit C: Ventura County Fire Department Conditions of Approval ........................ 29 Exhibit D: Conditional Use Permit Findings (SVMC § 9-52.070) .............................. 33 Attachment A: Notice of Exemption .............................................................................. 34 Attachment B: Neighborhood Council #3 Summary ...................................................... 36 Exhibit 1: Reduced Exhibits (11” x 17”)
Exhibit 2: Tree Report, dated October 27, 2023 and December 4, 2023 Exhibit 3: Associated Transportation Engineers, Revised Traffic and Circulation Study , April 2, 2024
180

10 CUPS20230011 PC Staff Report (mg)

PLANNING COMMISSION PUBLIC HEARING PROCEDURE

HEARING DATE: December 18, 2024

CUP-S-2023-0011

1. CHAIRMAN: a) This is the time and place set for a public hearing on the consideration of CUP -S-2023-0011 and the
determination that the project is exempt from the
California Environmental Quality Act.

b) Are there any ex parte communications to report?

c) May we have an oral report on this matter by staff?

2. STAFF: (Report)

3. ANY
COMMISSIONER: (Questions of staff)

4. CHAIRMAN: We will open the public testimony portion of the hearing.

5. CHAIRMAN: Would the applicant like to present the project?

6. CHAIRMAN: Are there any questions for the applicant?

7. CHAIRMAN: Is there anyone in the Chamber wishing to be heard on this matter?

8. AUDIENCE: (Comments)

9. CHAIRMAN: a) Are there any comments from staff regarding statements made during the public hearing? (Check with Deputy Environmental Ser vices Director/City Planner, and staff members in the audience.)

(b) Would the applicant like to respond to any of the
comments regarding statements made during the public
hearing?

c) If there are no further questions, we will close the public testimony portion of the hearing.

d) Are there any comments or questions from members
of the Planning Commission?

10. ANY
COMMISSIONER: (Comments)

11. CHAIRMAN: May I please have a reading of the Resolution? 181

11 CUPS20230011 PC Staff Report (mg)

12. RECORDING
SECRETARY: (Reads Number and Title of Resolution)

13. CHAIRMAN: The Chair will now entertain a motion.

14. ANY
COMMISSIONER: I move to adopt a resolution approving CUP-S-2023-0011

or

I move to adopt a resolution denying the project.

[Staff will prepare the resolution for the Planning Commission to ratify at the next meeting.]

15. CHAIRMAN: A motion was made by Commissioner ___________.

16. CHAIRMAN: May I have a Second?

17. ANY
COMMISSIONER: I second the motion.

18. CHAIRMAN: Call for the vote.

19. RECORDING
SECRETARY: The motion (passes or fails).

20. CHAIRMAN: The appeal period for the CUP-S-2023-0011 is 14 calendar days.

or

21. ANY
COMMISSIONER: I move continuation of the matter until the meeting of ___.

or

22. ANY
COMMISSIONER: I move continuation of the matter to a date uncertain.

23. CHAIRMAN: Proceed to the next item.
182

EXHIBIT A
17 CUPS20230011 PC Staff Report (mg)

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 I:

PARCEL C OF PARCEL MAP NO. LD-S-690, IN THE CITY OF SIMI VALLEY, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 72, PAGES 16 TO 18 OF PARCELS MAPS, AND AS AMENDED BY MAP FILED IN BOOK 72, PAGES 50 AND 51 OF PARCEL MAPS, IN TH E OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPT FROM THAT PORTION OF SAID LAND LYING WITHIN THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 2 NORTH, RANGE 1 8 WEST, RANCHO SIMI, AS PER MAP RECORDED IN BOOK 3, PAGE 7 OF MAPS, ALL OIL, GAS, PETROLEUM , ASPHALTUM, BREA,

HYDROCARBON, CARBONACEOUS AND OTHER KINDRED SUBSTANCES AND

MINERALS WITH T HE RIGHT TO DEVELOP, TAKE, PRODUCE, STORE AND

REMOVE THE SAME AND THE RIGHT TO EXPLORE, SINK WELLS, LAY PIPES, PIPE

LINES, MAKE ROADS, ERECT, OPERATE, USE, MAINTAIN, REPAIR, AND REMOVE

DERRICKS, MACHINERY, EQUIPMENT, HOUSES, TANKS, PIPES, CASING, PIPE

LINES, STILLS, POLES, TELEPHONE AND TELEGRAPH LINES AND EQUIPMENT

AND ALL STRUCTURES, MACHINERY AN D APPLIANCES USUAL OR PROPER IN

CARRYING ON THE BUSINESS OF PRODUCING, STORING, TREA TING AND

MARKETING OIL, GAS AND ASSOCIATED PRODUCTS, AS SET FORT H IN THE DEED FROM WARREN B. LLOYD AND WIFE RECORDED JULY 7, 1915 IN BOOK 147, PAGE 239 OF DEEDS.

ALSO EXCEPT FROM A PORTION OF SAID LAND ALL MINERALS AND ALL OIL, GAS,

ASPHALTUM AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 FEET FROM THE SU RFACE OF SAID L AND, WITHOUT THE RIGHT TO

ENTER UPON SAID LAND OR USE THE SURFA CE FOR ANY PURPOSE, AS EXCEPTED IN DEED RECORDED DECEMBER 26, 1967 IN BOOK 3239, PAGE 69 OF OFFICIAL RECORDS.

PARCEL II:

AN EASEMENT FOR VEHICULAR, PEDESTRIAN, MAINTENANCE AND REPAIR

HEREAFTER CONSTRUCTED AND CONSISTING A PART OF THE EASEMENT AREAS OF PARCEL A AND PARCEL B OF PARCEL MAP NO. LD-S-303, SHOWN AND

DEPICTED IN THAT RECIPROCAL EASEMENT GRA NT AND AGREEMENT WITH COVENANTS CONDITIONS AND RESTRICTIONS, RECORDED APRIL 30, 20190430- 00046885-0 OF OFFICIAL RECORDS.

183

OMITTED DRAFT RESOLUTION FROM EXHIBIT TO REDUCE

DUPLICATION
184

NOTICE OF EXEMPTION
To: County Clerk
County of Ventu ra
80 0 S. Victo ria Avenue
Ventu ra, CA 930 0 1
From: City of Simi Vall ey
29 29 Tapo Canyon Road
Simi Valley, CA 930 63
Project Title: CUP-S-20 23 -00 11
Project Location - Specific: APN: 615 -0 -17 2-34 5; North of 87 5 Cochran Str eet and approximately 60 0 feet w est of First Str eet
Project Location - City: Simi Valley Project Location - County: _ V_ec_..n_tc..;u_r_a _ Description of Nature, Purpose, and Beneficiaries of Project:
indu str ial building , w ith accompanying outd oo r sto rage Constr uct 24 ,2 90 -squ are foot
Name of Public Agency Approving Project: _C_i_ty_,___o_f_S_i_m_i_V_a_l_le__.y'--- D_e_ce_m_ b_e_r_1_8--",_2_0_2_4 Date of A
pproval
Name of Person or Agency Carrying Out Project: _C_o_o_l_lt_ R_e_n_ta_l_s _ Exempt Status: (check one)
D Minister ial [Sec. 210 80 (b)(1); 15 26 8);
D Declared Emergency [Sec. 210 80 (b)(3); 15 269 (a)];
D Emergency Project [Sec. 210 80 (b)(4 ); 15 26 9 (b)(c)]; [8J Cate gorical Exemptio n. State typ e and sectio n n umber 15 33 2 ------------- - □ Statu to ry Exemptio n. State code number ------------------- - □ Common Sense Exemptio n [Sec. 150 6 1 (b)(3 )] Text of exemption and reasons why project is exempt:

The project is categorically exempt from the Califo rnia Environme ntal Quality Act (CEQA) pursuant t o Sectio n 15332 of the state CEQA Guidelines, which reads:

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 eff ects relating to traffic, noise, air quality, or water quality. (e) The site can be adequately served by all required utilities and public services.

The project is consistent wit h CEQA, pursuant to Section 15332, in that :
a. The proposed project t o const ruct a manufacture and warehousing building with open storage is consistent wit h the General Plan land use designat ion of Indust rial and the WESP's zoning designation of Aut o Industria l (Al). The proposed project does not conflict wit h applicable policies of t he General Plan or regulatio ns in the Development Code, nor the WESP. b. The proposed project is located on a 3.84-acre parcel in the City of Simi Valley. c. The project site is surro unded by urban uses (Refer to Table 1), and due to its location in a highly developed area in the City, the site is not habitat for endangered, rare or threatened species. d. The City's Traffi c Engineer dete rmined that t he project would not cause any inte rsectio n to operate below LOS C, as the Traffic and Circulatio n Study indicates that t he study area int ersectio ns would cont inue to o perate in the LOS A range wit h the addit ion of project generat ed traffic . Addit ionally, the project would not cause a significant increase in noise levels; together, with its cumulative traffic noise impacts, the project's specific contrib ut ion to the cumulat ive increase in noise levels remains below 0.1 dBA CNEL, and impacts are considered less than significant (Refer to Exhibit 4).

The project will not result in a significant impact on air quality in that it will not generate reactive organic compounds (ROC) 34 ATTACHMENT A
185
or oxides of nit rogen (NOx) in excess of 25 pounds per day (Refer to Exhibit 5). To ensure that t he project will not result in significant impacts to water qualit y, it is required to implement a Storm Water Pollut ion contro l Plan in compliance wit h the Nat ional Pollutant Discharge Eliminatio n System.
e. The project is located in a developed part of the City and all required utilit ies and public services curren tly serve and area available to serve the project.

Lead Agency
Contact Person: _Z_ar_u_i_C_h_a~p_a_ry~a_n Area Code/Telephone: (80 5) 58 3-677 4 Signature~
·~ -
Date: 12 /1 2 /20 20 4 Title: Associate Planner
[8J Signed by Lead Agency
D Signed by Applicant
Date received for filing at QPR: - ------- -
35 186
NC 12/11-24(dsf)

Development Review Summary

Neighborhood Council No: 3

NC Meeting Date: November 14, 2024

Project No(s): CUP-S-2023-0011

Project Description: Review of a request for a Conditional Use Permit (CUP- S-2023-0011) to construct a 24,290-square-foot building for the warehousing and manufacture of storage
containers and outdoor storage on a 3.84- acre vacant
parcel, south of the 118 Freeway and north of Cochran
Street

Case Planner: Zarui Chaparyan

Audience members asked questions relating to: Weight limits for storage containers and contents.

Applicant responded to the above question as follows: The applicant was uncertain about the weight limits for storage containers but estimated it to be under 26,000 pounds. Storage containers are empty. They will be assembled and sold to clients.

Executive Board members asked questions and made comments relating to: Site location, existing buildings , current tenants and noticing of new tenants, container assembly, sizes, stacking limits, reusability, chemicals in refrigerant units, site access, including driveways, traffic and deliveries, loading docks, earthquake faults, trees, fire department review, drainage, and employees.

Applicant responded to the above questions and comments as follows: The site is two lots north of 875 Cochran Street. Current buildings are tenant -occupied and unsuitable for the proposed business. The new building is an investment, with the owner occupying two units. Other tenants have not been determined but will be industrial. New tenants will not require Neighborhood Council notifications. Containers will be assembled inside and stored outside. Sizes may vary, and a maximum of two items can be stacked. Containers are reusable. Small cooling units are included in containers, but the company does not manufacture refrigerants or cooling units. Site traffic complies with City codes, with less than 10 deliveries daily. Access will be improved for two driveways, and each unit will include a loading dock. Earthquake faults have been

ATTACHMENT B
36 187

NEIGHBORHOOD COUNCILS DEVELOPMENT REVIEW SUMMARY
37 NC 12/11-24(dsf)
thoroughly studied and the building will be earthquake- proof. Trees will be added and the Fire Department has reviewed the project. Drainage plans meet City standards. The site employs seven people, of which three reside in Simi Valley.

Upon concl
usion of the discussion, the following motion was made by Peter Carrube and seconded by Robert Martins:

MOTION:

Recommend to approve the request for a Conditional Use Permit (CUP-S-2023-0011) to construct a 24,290-square-foot building for the warehousing and manufacture of storage containers and outdoor storage on a 3.84- acre vacant parcel, south of the 118 Free way and north of Cochran Street
Executive Board vote: 12 Ayes; 0 Noes; 0 Abstentions
Audience vote: 2 Ayes; 0 Noes; 0 Abstentions
Unincorporated Area vote: None
The moti
on carried unanimously.
188

REDUCED EXHIBITS
EXHIBIT 1
189
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EXHIBIT 2

TREE REPORT
202

THIS PAGE WAS INTENTIONALLY LEFT BLANK
203

L·A·JOHNNY
[email protected] October 27, 2023
805-754-9393 Review #1 Comments Letter

October 27, 2023
Alan Grofsky
pk:architecture
5126 Clareton Drive: suite 110
Agoura Hills, California, 91301
SUBJECT: Tree Report Review #1 Reply – Advanced Storage Solutions Dear Alan,
Here are the answers to questions raised in the city review . Changes to the site plan require a revision of the tree report. A revised report and tree map are being prepared. If you have any questions, please let me know.

Sincerely

Landscape Architect & Registered Consulting Arborist
California Licensed Landscape Architect 5251
Registered Consulting Arborist #591
Tree and Plant Appraisal Qualified (Sept 2024)
Tree Risk Assessment Qualified (Aug 2024)

204

L·A·JOHNNY
[email protected] October 27, 2023
805-754-9393 Review #1 Comments Letter

1. The Arborist Report has utilized the undated Preliminary Landscape Plan as the Tree Map which unfortunately does not match the Engineered Site Plan. Grading, retaining walls and new construction on all of the perimeter, plus extension into southerly Lot B affects many of the trees shown plus additional trees to the south and along the east side that need to be added. Areas shown as “Limits of Grading” on the Tree Map are incorrect (assuming that the Engineered Site Plan is correct).

Reply
The tree report was based on the site plan available o n March 30, 2023, at the time of the inventory. The tree map and report have been updated based on the latest site plan.

2. The Preliminary Landscape Plan does not show proposed landscaping it only shows the existing trees. This plan needs to show the new trees and how they comply with the removed tree appraisals.

Reply
The landscape architect is working on this.

3. When I was checking the five Oak trees on the south side I noticed that only two of them where in the Appraisal chart so I measured each trunk with a diameter tape and found that the trunk sizes I measured are larger than the trunk diameters shown in the report. Then I measured two Pepper trees and two Pines with the same results; that all of my measurements were larger then what is shown in the report. I have listed these sample differences below with the report sizes shown in parenthesizes.

Oak Trees: #30 - 5.5”, 7.5”(3”,5”) #35 - 9.5”(NA) #41- 7.5”(6”) #45 - 6.5”(NA) #48 -11” (NA) Pepper trees: #10 - 10”,13”,16” (5”,9”,9”) #64 - 7”,10”,10.5”,11”,11” (8”,6”,8”,10”,7”) Pine Trees: #16 - 17” (13”) #38 - 39” (33”)
These trunk sizes make a significant difference in calculating the appraisal value. It appears that these trunk size discrepancies are throughout and should all be rechecked.

Reply
The city ordinance and guidelines for preparing tree reports require an appraisal based on the current guide. It reads, “Use the current edition of the Guide for Plant Appraisal prepared by the Council of Tree Landscape Appraisers for instructions on measuring trees.” The 10
th Editon is currently used.

Tree trunks are not simple shapes that can be objectively measured. The current Guide for Plant Appraisal recommends field adjustments to account for the natural deformities of tree trunks. (Pp. 36 – 40).
205

L·A·JOHNNY
[email protected] October 27, 2023
805-754-9393 Review #1 Comments Letter
It reads, “Because the form of the lower trunk varies widely, it is not always possible to measure at 4.5 feet. Trees with excessive basal flare, leaning trees, trees on a slope, trees with multiple trunks (stems), low branching trees, and other patterns of tree growth make it necessary to modify where diameters are measured. The goal of adjusting the measurement location is to best represent the size of the tree.” (p.37) The current guide for appraising trees incorporates lessons from a 2015 study published in ISA Arboriculture & Urban Forestry. That study describes problems with measuring trees. Fourteen arborists measured ten trees, and all arrived at different values mainly because of differences in measuring the trunk . The biggest difference was “based on the subjective choice of where to place the measuring tape. ” (p.282) Komen and Hodel, An Analysis of Field Precision. September 2015.

The study recommended training workshops to help arborist decide how to measure.

When the current guide was published, ISA also published an appraisal certification course that allows ISA certified arborists to become Tree and Plant Appraisal Qualified.

The training stresses how to best measure trunk circumference.

It is unlikely that fourteen ar borists will ever agree on the appraised value of ten trees.

That is especially true of the trees on this site which grow in fence rows and on steep slopes and include multiple trunks, low branching form, wounds, galls, swelling and other deformities.

I don’t believe it is reasonable to require the owner to have multiple appraisals to achieve consensus on what is recognized as a subjective professional opinion regarding measurements.

I stand by my appraisal based on my training and experience. The appraisal is my personal, unbiased professional analysis, opinions, and conclusions. My fee is not affected in any way by the value of the trees on the site. 206
207

L·A·JOHNNY
[email protected] December 4, 2023
805-754-9393 Summary Letter

December 4, 2023
Alan Grofsky, project manager
pk:architecture
5126 Clareton Drive: suite 110
Agoura Hills, California, 91301
SUBJECT: Arborist Report– Advanced Storage Solutions
Dear Alan,
Here is the tree report for Advanced Storage Solutions . Eighty-one trees were inventoried. Sixty were of protected size and twenty-one were smaller than ordinance size.

Grading and construction will displace forty-four (44) protected trees with a combined value of $146,200.

The sixteen trees to remain will require protection measures as described in Appendix C Tree Protection Plan. Five trees will need a permit for encroachment into the tree protected zone. These five will need construction monitoring by the project arborist (hired by the owner and approved by the city ) during root pruning, demolition, and digging within the protected zone. T wo trees will need to be pruned. Canopy pruning should also be monitored by the project arborist. The protection plan should be implimented by the general contractor and job site superintendent.

If you have any questions, please let me know.

Sincerely
208

L·A·JOHNNY
[email protected] December 4, 2023
805-754-9393 Summary Letter

Landscape Architect & Registered Consulting Arborist
California Licensed Landscape Architect 5251
Registered Consulting Arborist #591

209

ARBORIST REPORT TITLE:

Advanced Storage Solutions revised site plan
PREPARED FOR:
pk:architecture
PREPARED BY:

John Burke, Registered Consulting Arborist #591 ASCA
PREPARED in consultation with:

Jordan, Gilbert & Bain Landscape Architects, Inc.

Mike Gilbert
459 No. Ventura Ave
Ventura, CA 93001
DATE:

December 4, 2023
PROJECT LOCATION: 875 Cochran Street, Simi Valley, California COPYRIGHT:
©John Burke, 2023
210

L·A·JOHNNY
[email protected] December 4, 2023
805-754-9393 Page 2 of 32

TABLE OF CONTENT S
Assignment & Introduction ............................................................................................................. 3 Background ................................................................................................................................. 3 Assignment ................................................................................................................................. 3 Deliverables: ............................................................................................................................... 3 Assumptions and Limits on the Assignment ............................................................................... 3 Exclusions .................................................................................................................................... 3 Purpose and Use of the Report .................................................................................................. 3 OBSERVATIONS ............................................................................................................................... 4 ANALYSIS ......................................................................................................................................... 6 Tree Condition (health, structure, form) .................................................................................... 6 Tree Appraisal ............................................................................................................................. 7 Tree Relocation ........................................................................................................................... 8 Tree Removal or protection ........................................................................................................ 8 Mitigation .................................................................................................................................... 8 DISCUSSION ..................................................................................................................................... 8 CONCLUSIONS ................................................................................................................................. 9 RECOMMENDATIONS ................................................................................................................... 10 CERTIFICATION .............................................................................................................................. 11 Glossary ......................................................................................................................................... 12 Trunk Formula Technique - How much is a tree worth? .................................................................... 12 Bibliography................................................................................................................................... 13 Appendix A: Tree Map .................................................................................................................. 14 Appendix B Individual Tree Reports with Appraisal ..................................................................... 15 Appendix C Tree Protection Plan .................................................................................................. 28 Appendix E: Tree Photos ............................................................................................................... 30

211

L·A·JOHNNY
[email protected] December 4, 2023
805-754-9393 Page 3 of 32

ASSIGNMENT & INTRODUCTIO N

BACKGROUND
Rosie Brockman of pk:architecture commissioned me to do this report for the ir use in developing the site for Advanced Storage Solutions.

ASSIGNMENT
Prepare a Tree Report with the information required by the City of Simi Valley. • Analyze Proposed Site Plan and determine the feasibility of preserving existing trees.

Determine where root pruning, protection fencing, and canopy pruning will be needed.

Provide feedback to clients on the feasibility of protecting existing trees. • Appraise the value of protected trees to be removed.

DELIVER ABLES:

A tree report with additional information specified in the tree protection ordinance for the City of Simi Valley.

ASSUMPTIONS AND LIMITS ON THE ASSIGNMENT
• No legal advice is intended in this report.
• Tree assessments and recommendations are based on published industry standards and this arborists’ training and experience.

EXCLUSIO NS
• Aerial inspection of the canopy
• Root excavation
• Construction Monitoring
• Printing

PURPOSE AND USE OF THE REPORT
This report is intended for use by the client to obtain a tree permit needed to develop the site.
212

L·A·JOHNNY
[email protected] December 4, 2023
805-754-9393 Page 4 of 32

OBSERVATIONS
Field observations were made April 11 and 12, 2023 and on November 2, 2023.

Eighty-one (81) trees were evaluated including boundary trees within 20 feet.

Ordinance required data shown below was recorded on paper in the field. This information can be found in the Individual reports in Appendix B Individual Tree Reports with Appraisal. 1 2 3
trunk diameter 1
multitrunk diameter 2
multitrunk diameter 3
multitrunk diameter 4
multitrunk diameter 5
multitrunk diameter 6
multitrunk diameter 7
multitrunk diameter 8
Why is it not feasible?
Relocation Feasible?
Health Grade
Aesthetic Grade
Significant Flaws
Treatment
Tree ID
Common Name
Genus
Species
Height
Width

213

L·A·JOHNNY
[email protected] December 4, 2023
805-754-9393 Page 5 of 32
Also noted were conditions and limitations that i mpact the app raisal value of the trees . This information can be found in the Individual reports in Appendix C Individual Tree R eports with Appraisal.
1 2 3
Condition Rating %
Health
Structure
History
Form:

Functional Limits %
External Limits %
curb + paving + p/l fence
crosses property line
known problem species
water needs
age
Classified invasive
Local ordiance
utilities conflict
Abby normal
Pruning damage
Lack of soil volume
canopy restrictions
requires pruning
superadequacy
Trunk decay, void, lean
Decay symptoms
Root disease or damage
Trunk codom, lean, other
Over extended branches
Other branch flaws
Vigor: poor tip growth
Foliage disease dieback
Pest Infestation
Branch dieback, decay
Root disease or damage
Condition Description
Tree ID

General observations. The site species include Peppers, Aleppo pines, Tamarisk, and small Coast live oaks. The lot is adjacent to the exit off highway 1 18. The pe pper trees line the fence between the highway and the site. An overhead utility line has resulted in topping the large pepper trees. Most other trees are on the steep slope (1:1 – 1:2) on the south edge of th e site.

A large amount of soil has been deposited o n the site. The trees have no irrigation and are in poor health with poor structure.
214

L·A·JOHNNY
[email protected] December 4, 2023
805-754-9393 Page 6 of 32
The trees were located and tagged using the tree locations on the Engineered Site Plan. This information was used as the basis for the Tree Map that is attached as Appendix A.

Each tree was photographed and tagged except trees in the boundary area. The photos can be seen in Appendix E.

ANALYSIS

TREE CONDITION (HEALTH, STRUCTURE , FORM)
All Eighty-one (81) trees in the study were entered into the database and analyzed to see if they were of ordinance protected size which is a trunk area of 20 square inches for oak trees and 72 square inches of the other trees in this group. Twenty-one (21) trees were smaller than ordinance size and no further analysis was conducted.

All Trees in report
Less than Ordinance Size 21
Protected Size 60
81 The remaining trees were appraised using the trunk formula technique. The trunk formula technique is described in the Glossary at the end of this report.

The trees have no irrigation water or other maintenance. Growing conditions along the south edge are especially poor because the slope is extremely steep, causing water and mulch to quickly run off leaving a hot, bare, hard packed root zone. All suffer from water stress.

The health, structure , and form ratings made on site were averaged to determine the Condition Rating of each tree.

The city ordinance and guidelines for preparing tree reports require an appraisal based on the current guide. It reads, “Use the current edition of the Guide for Plant Appraisal prepared by the Council of Tree Landscape Appraisers for instructions on measuring trees. ” The 10th Editon is currently used.
215
L·A·JOHNNY
[email protected] December 4, 2023
805-754-9393 Page 7 of 32
Tree trunks are not simple shapes that can be objectively measured. The current Guide for Plant Appraisal recommends field adjustments to account for the natural deformities of tree trunks. (Pp. 36 – 40).

It reads, “Because the form of the lower trunk varies widely, it is not always possible to measure at 4.5 feet. Trees with excessive basal flare, leaning trees, trees on a slope, trees with multiple trunks (stems) , low branching trees, and other patterns of tree growth make it necessary to modify where diameters are measured. The goal of adjusting the measurement location is to best represent the size of the tree.” (p.37) The current guide for appraising trees incorporates lessons from a 2015 study published in ISA Arboriculture & Urban Forestry . That study describes problems with measuring trees.

Fourteen arborists measured ten trees, and all arrived at different values mainly because of differences in measuring the trunk . The biggest difference was “based on the subjective choice of where to place the measuring tape.” (p.282) Komen and Hodel, An Analysis of Field Precision.

September 2015.

The study recommended training workshops to help arborist decide how to measure .

When the current guide was publis hed, ISA also published an appraisal certification course that allows ISA certified arborists to become Tree and Plant Appraisal Qualified. The training stresses how to best measure trunk circumference.

It is unlikely that fourteen ar borists will ever agree on the appraised value of ten trees.

That is especially true of the trees on this site which grow in fence rows and on steep slopes and include multiple trunks, low branching form, wounds, galls, swelling and other deformities.

TREE APPRAISAL
All trees were appraised using the Trunk Formula Technique as described in t he latest edition of the Guide for Plant Appraisal. The appraisal is summarized below. 168,800$
Total Value Protected Removed 146,200$
Total Value Protected Onsite
216

L·A·JOHNNY
[email protected] December 4, 2023
805-754-9393 Page 8 of 32

TREE RELOCATION
Relocation was considered for each tree. Because of the poor health and structur e of the trees none are likely to survive as viable landscape trees.

TREE REMOVAL OR PROTECTION
The impact of this site plan was analyzed using AutoCAD to assess the amount of root and canopy loss. For purposes of this analysis, I assumed that eighteen inches (18 ”) would be sufficient over excavation for the par king lot curbs. Based on the health, struc ture, form, and amount of root loss I determined that sixty-five (65) trees would be displaced by this site plan including forty-four (44) protected trees.

Tree Status
Retain Tree 16
Protected & Removed - Grading 44
Less than Ordinance Size Removed 21
81 MITIGATION
The value of the forty-four (44) protected trees displaced by this plan is $146,200. 168,800$
Total Value Protected Removed 146,200$
Total Value Protected Onsite

DISCUSSION
Grading and construction will displace forty-four (44) protected trees with a combined value of $146,200. The value of each tree is shown in Appendix C Individual Tree Reports with Appraisal.

Relocation was considered for each tree. Because of the poor health and structure of the trees and sloping terrain none are likely to survive as viable landscape trees.

Sixteen trees will remain and be protected in place. All protected trees are subject to the safeguards desc ribed in the Simi Valley Tree P rotection Ordinance 9-38.050 Guidelines for Trees Associated with Urban Development. See Appendix C 217

L·A·JOHNNY
[email protected] December 4, 2023
805-754-9393 Page 9 of 32
Below is a list of the sixteen trees to remain and the protection measures required for each.

Tree ID
Common
Name
Retain Tree
Fence &
Signs
Root Prune
Const.

Monitoring
Clearance
Pruning
Prune to
clean dead
12 Pepper offsite 1 1 1 1 1
26 Pepper offsite 1
67 Jacaranda 1 1 1 1
68 Jacaranda 1 1
69 Jacaranda 1 1
70 Jacaranda 1 1
71 Jacaranda 1 1
72 Bottle Brush 1 1 1
73 Bottle Brush 1 1
75 Bottle Brush 1 1 1 1
76 Bottle Brush 1 1 1 1
77 Bottle Brush 1 1 1 1
78 Bottle Brush 1
79 Bottle Brush 1
80 Bottle Brush 1
81 Bottle Brush 1
Totals 16 11 5 5 1 1
Protection Measures
Fence and Signs 11
Root Pruning Needed 5
Const. Monitoring 5
Clearance Pruning 1
Prune to clean dead 1

CONCLUSIONS
Eighty-one ( 81) trees were identified and tagged. Twenty-one (21) onsite trees were smaller than ordinance size and no further analysis was conducted. Of the sixty ordinance size trees forty-four (44) will be displaced by this site plan. The forty-four (44) displaced have a combined value of $146,200.

Sixteen trees will remain and be protected in place. Of the sixteen (16) trees remaining, five will need a permit for encroachment into the tree protected zone . All protected trees are 218
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subject to the safeguards described in the Simi Valley Tree Protection Ordinance. See Appendix C Tree Protection Plan.

Below is a list of trees to be encroached.

Tree ID
Common
Name
Encroach
Root Prune
Const.

Monitoring
Clearance
Pruning
Prune to
clean dead
12 Pepper offsite 1 1 1 1
67 Jacaranda 1 1 1
72 Bottle Brush 1
75 Bottle Brush 1 1 1
76 Bottle Brush 1 1 1
77 Bottle Brush 1 1 1
Totals 5 5 5 1 1

RECOMMENDA TIONS

1. Submit this tree report and supporting documents to your pl anner and wait for them to review this tree report before taking any action. Follow the conditions set out by the City of Simi Valley.

2. Include
the tree map s ymbols on the relevant plans. This probably includes the grading plans and the landscape plans. The dwg files are available upon request.

3. Inform your
landscape architect that the total amount of mitigation pending review by the city is $146,200.

4. Review the Tree Protection Plan with the general contractor and job site superintendent.

5. Select a project arborist
to be the liaison between the city planner and job site superintendent. The project arborist can be selected from this office or any qualified arborist acceptable to the city.
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CERTIFICATION
PREMISES: 875 Cochran Street, Simi Valley, California
I, John Burke, CERTIFY to the best of my knowledge and belief:

1. That the statements of fact contained in this plant appraisal are true and correct.

2. That the appraisal analysi s, opinions, and conclus ions are limited only by the reported assumptions and limi ting c onditions, and that they are my personal, u nbiased professional analysis, opinions, and conclusions.

3. That I hav e no present of prospective interest in the plants that are the subject of this appraisal, and that I have no personal interest or bias with respect to the parties involved.

4. That my compensation is not contingent upon predetermined value or direction in value that favors the cause of the client, the amo unt of the value estimate, t he attainment of a stipulated result, or the occurrence of a subsequent event.

Date: December 4, 2023
Landscape Architect & Registered Consulting Arborist
California Landscape Architect #5251
Registered Consulting Arborist #591 ASCA
Certified Consulting Arborist #WE-8327A ISA
Tree and Plant Appraisal Qualified
Tree Risk Assessment Qualified
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Glossary
Trunk Formula Technique - How much is a tree worth?
Arborists that are Tree and Plant Appraisal Qualified, have special training and have passed a qualific ation exam. Plant a ppraisers are s ubject to the same constraints as other appraisers with allowances made for establishing the value of living plants.

A re placement cost meth od was selected for this assignment. Since we cannot simply buy a mature landscap e tree, the replacement cost of such trees can be established using a formula to extrapo late t he cost of planting a tree that can be ea sily purchased. Landscape contractors in this area will plant a normal 60” box tree for $370 0. That cost is used to extrapolated to the size of the larger tree being appraised.

Once the Basic Cost of a tree is established, the appraiser looks at the “wear and tear” on the tree and its potential for providing future benefits. The initial Basic Cos t of the tree assumes a perfect tree in the perfect location. That initial basic cost is determined by the size of the trunk at standard height (4.5 ’) as compared to the cross section o f the 60” box tree that is replacing it. The cost of planting 1 square inch of the nursery tree is multiplied by the additional square inches of the tree being appraised. Note that palms a re app raised b ased on direct replacement cost because they can be purchased in the trade. The palms are priced by the foot of brown trunk using a per foot price publish ed by the Wester n Chapter of the International Society of Arboriculture.

The initial Basic C ost is then depreciated based on the follo wing factors: Condition which looks at the health of the tree, its structural stability, and its form compared to the ideal for that type of tree . Based o n expe rience and the descriptions found in the Guide for Plant Appraisal, each tree is assigned a percentage rating for Condition.

The initial basic cost also assumes a tree in the perfect setting with no limitations on its growth. The appraiser considers functional limitations. For example: does the tree have enough 221

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space, the right growing conditions, is it in conflict with structures and utilitie s, does it pose a risk to people or property? How long will the tree remain viable? Does it require regular maintenance like pruning? Is it the only tree on site or one of many? Trees may also be limited by thing s beyo nd the control of the site and owner like power lines and utilizes or streets and sidewalks that require minimum amounts of clearance. Both the functional and external limitations are rated b y the appraiser based on experience and the descriptions found in the Guide for Plant Appraisal.

.

Bibliography
Council of T ree an d Land scape App raisers (CTLA). June 2019. Guide for Plant Appraisal ( 10th Edition, second printing). International Society of Arboriculture, Champaign, IL.

Regional Supplement: Species Classification and Group Assignment to the CTLA Guide for Plant Appraisal, 9th Edition. The Wester n C hapter of the Inte rnational Soc iety of Arboriculture, Porterville, CA, 2004.

Kelby Fite, T . Sm iley, “ Best Ma nagement Prac tices, Managing Trees Du ring Co nstruction.

International Society of Arboriculture, Champaign, IL. (2008)

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Appendix A: Tree Map
Appendix A Tree Map is o ne oversize sheet at a scale of 1:20. Oversize sheet attached as a separate document at the end of this report. A reduced version is shown below for orientation.

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APPENDI X B INDIVIDUAL TREE REPORTS WITH APPRAISAL

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Appendix B Individual Tree Reports with Appraisal
1 2 3 4 5 6 7
Tamarisk Tamarisk Tamarisk Pepper Pepper Pepper Pepper
Tamarix Tamarix Tamarix Schinus Schinus Schinus Schinus aphylla aphylla aphylla molle molle molle molle
20 20 30 25 20 20 30
10 20 20 30 30 35 40
trunk diameter 1 6.0 24.0 12.0 12.0 12.0 12.0 18 .0
multitrunk diameter 2 33.0 18.0 12.0 6.0 12.0 12.0
multitrunk diameter 3 27.0 48.0 0.8
multitrunk diameter 4 18.0 6.0
multitrunk diameter 5 27.0 4.0
multitrunk diameter 6 27.0 5.0

6.0 64.6 53.4 17.0 13.4 17.0 21.6
Trunk Area: Oak 20si, Other 72si 28 3278 2240 226 141 226 368 Less than Ordinance Size 1
Protected Size Tree-All 1 1 1 1 1 1
Protected Size Trees- Offsite
Retain Tree
Protected & Removed - Grading 1 1 1 1 1 1
Less than Ordinance Size Removed 1
Fence and Signs
Root Pruning Needed
Const. Monitoring
Clearance Pruning
Prune to clean dead

C C C B B C B

CURVE TOPPED TOPPED
prune prune prune
Condition Rating % 47% 13% 13% 60% 47% 50% 50%

FAIR POOR POOR GOOD FAIR FAIR FAIR

B D D B C C C
Health 80% 20% 20% 70% 60% 60% 70%
Structure 20% 10% 10% 50% 40% 30% 40%
Form: 40% 10% 10% 60% 40% 60% 40%
Functional Limits 15% 15% 15% 40% 40% 40% 40%
External Limits 10% 10% 10% 40% 40% 40% 40%
Replacement Tree

5.5 5.5 5.5 5.5 5.5 5.5 5.5

23.75 23.75 23.75 23.75 23.75 23.75 23.75
5,000$ 5,000$ 5,000$ 5,000$ 5,000$ 5,000$ 5,000$ Plowboy Plowboy Plowboy Plowboy Plowboy Plowboy Plowboy Computations
211$ 211$ 211$ 211$ 211$ 211$ 211$ 5,949$ 690,139$ 471,496$ 47,596$ 29,747$ 47,596$ 77,436$ 42$ 1,380$ 943$ 4,569 $ 2,221$ 3,808$ 6,195$ Total Repro. Costs (11+12) 42$ 1,380$ 943$ 4,569$ 2,221$ 3,808$ 6,195$ -$ 1,400$ 900$ 4,600$ 2,200$ 3,800$ 6,200$ no no no no no no
size, age size, age size, age size, age size, age size, age n/a n/a n/a n/a n/a n/a
Width
Tree ID
Common Name
Genus
Species
Height
DBH or Multi Equal
Aesthetic Grade
Significant Flaws
Treatment
Condition Description
Health Grade
Source
Trunk Dia. ISA Reg. Suppl.

Cross-sectional area
60" Box Replacement
Why is it not feasible?
Est. Relocation Cost
Unit Tree Cost (#8/#7)
Basic Repro. Cost (2x9)
Depreciated Cost (3x4x5x10)
Value Rounded
Relocation Feasible?

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8 9 10 11 12 13 14
Pepper Pepper Pepper Pepper Pepper Pepper Pepper
Schinus Schinus Schinus Schinus Schinus Schinus Schinus molle molle molle molle molle molle molle
20 25 20 20 20 20 20
35 30 20 30 35 35 30
trunk diameter 1 21.0 24.0 9.0 21.0 12.0 24.0 6. 0
multitrunk diameter 2 9.0 5.0 9.0 15.0 18.0 6.0
multitrunk diameter 3 12.0 9.0 18.0 15.0 9.0
multitrunk diameter 4 12.0 12.0 13.0
multitrunk diameter 5
multitrunk diameter 6

28.5 24.0 13.7 29.1 27.2 30.0 17.9
Trunk Area: Oak 20si, Other 72si 636 452 147 664 579 707 253 Less than Ordinance Size
Protected Size Tree-All 1 1 1 1 1 1 1
Protected Size Trees- Offsite 1
Retain Tree 1
Protected & Removed - Grading 1 1 1 1 1 1
Less than Ordinance Size Removed
Fence and Signs 1
Root Pruning Needed 1
Const. Monitoring 1
Clearance Pruning
Prune to clean dead 1

C D D D D D D
in fence
prune prune
Condition Rating % 28% 37% 33% 30% 27% 32% 40%

FAIR POOR POOR POOR POOR POOR POOR

C D D D D D D
Health 45% 40% 40% 35% 35% 50% 50%
Structure 15% 30% 30% 25% 20% 25% 40%
Form: 25% 40% 30% 30% 25% 20% 30%
Functional Limits 40% 30% 25% 25% 20% 20% 30%
External Limits 40% 30% 30% 30% 30% 30% 30%
Replacement Tree

5.5 5.5 5.5 5.5 5.5 5.5 5.5

23.75 23.75 23.75 23.75 23.75 23.75 23.75
5,000$ 5,000$ 5,000$ 5,000$ 5,000$ 5,000$ 5,000$ Plowboy Plowboy Plowboy Plowboy Plowboy Plowboy Plowboy Computations
211$ 211$ 211$ 211$ 211$ 211$ 211$ 133,863$ 95,192$ 30,904$ 139,813 $ 121,964$ 148,737$ 53,215$ 6,068$ 3,141$ 773$ 3,146 $ 1,951$ 2,826$ 1,916$ Total Repro. Costs (11+12) 6,068$ 3,141$ 773$ 3,146$ 1,951$ 2,826$ 1,916$ 6,100$ 3,100$ 800$ 3,100$ 2,000$ 2,800$ 1,900$ no no no no no no no
size, age size, age size, age size, age size, age size, age size, age n/a n/a n/a n/a n/a n/a n/a
Width
Tree ID
Common Name
Genus
Species
Height
DBH or Multi Equal
Aesthetic Grade
Significant Flaws
Treatment
Condition Description
Health Grade
Source
Trunk Dia. ISA Reg. Suppl.

Cross-sectional area
60" Box Replacement
Why is it not feasible?
Est. Relocation Cost
Unit Tree Cost (#8/#7)
Basic Repro. Cost (2x9)
Depreciated Cost (3x4x5x10)
Value Rounded
Relocation Feasible?

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15 16 17 18 19 20 21
Pepper Aleppo
Pine
Pepper Pepper Pepper Pepper Pepper
Schinus Pinus Schinus Schinus Schinus Schinus Schinus
molle halepinsus molle molle molle molle molle
20 35 25 15 15 15 15
30 20 30 15 15 15 15
trunk diameter 1 9.0 13.0 1.0 4.0 4.0 4.0 5.0
m
ultitrunk diameter 2 12.0 15.0 4.0 4.0 5.0 3.0
multitrunk diameter 3 15.0 9.0 4.0 5.0
multitrunk diameter 4 2.0
multitrunk diameter 5 5.0
multitrunk diameter 6

21.2 13.0 17.5 8.8 7.5 6.4 5.8
Trunk Area: Oak 20si, Other 72si 353 133 241 60 45 32 27 Less than Ordinance Size 1 1 1 1
Protected Size Tree-All 1 1 1
Protected Size Trees- Offsite
Retain Tree
Protected & Removed - Grading 1 1 1
Less than Ordinance Size Removed 1 1 1 1
Fence and Signs
Root Pruning Needed
Const. Monitoring
Clearance Pruning
Prune to clean dead
D C C
Condition Rating % 28% 65% 65%

POOR FAIR FAIR
D C C
Health 40% 70% 70%
Structure 25% 75% 75%
Form: 20% 50% 50%
Functional Limits 30% 40% 40% 20% 20% 20% 20%
External Limits 30% 40% 40% 20% 20% 20% 20%
Replacement Tree

5.5 5.5 5.5 5.5 5.5 5.5 5.5

23.75 23.75 23.75 23.75 23.75 23.75 23.75
5,000$ 5,000$ 5,000$ 5,000$ 5,000$ 5,000$ 5,000$ Plowboy Plowboy Plowboy Plowboy Plowboy Plowboy Plowboy Computations
211$ 211$ 211$ 211$ 211$ 211$ 211$ 74,368$ 27,929$ 50,736$ 12,725$ 9,420$ 6,776$ 5,619$ 1,896$ 2,905$ 5,277$ -$ -$ -$ -$ Total Repro. Costs (11+12) 1,896$ 2,905$ 5,277$ -$ -$ -$ -$ 1,900$ 2,900$ 5,300$ -$ - $ - $ - $ no no no
size, age size, age size, age
n/a n/a n/a
Width
Tree ID
Common Name
Genus
Species
Height
DBH or Multi Equal
Aesthetic Grade
Significant Flaws
Treatment
Condition Description
Health Grade
Source
Trunk Dia. ISA Reg. Suppl.

Cross-sectional area
60" Box Replacement
Why is it not feasible?
Est. Relocation Cost
Unit Tree Cost (#8/#7)
Basic Repro. Cost (2x9)
Depreciated Cost (3x4x5x10)
Value Rounded
Relocation Feasible?

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22 23 24 25 26 27 28
Pepper Pepper Pepper Pepper Pepper
offsite
Pepper Pepper
Schinus Schinus Schinus Schinus Schinus Schinus Schinus molle molle molle molle molle molle molle
10 15 5 10 25 35 15
10 15 8 10 20 35 10
trunk diameter 1 4.0 6.0 3.0 4.0 12.0 28.0 3.0
m
ultitrunk diameter 2 3.0 3.0 3.0 4.0 5.0 3.0
multitrunk diameter 3 2.0 4.0 2.0 2.0 1.0
multitrunk diameter 4 2.0 3.0 4.7
multitrunk diameter 5
multitrunk diameter 6

5.0 6.7 5.1 7.5 13.2 28.1 6.4
Trunk Area: Oak 20si, Other 72si 20 35 20 45 136 619 32 Less than Ordinance Size 1 1 1 1 1
Protected Size Tree-All 1 1
Protected Size Trees- Offsite 1
Retain Tree 1
Protected & Removed - Grading 1
Less than Ordinance Size Removed 1 1 1 1 1
Fence and Signs
Root Pruning Needed
Const. Monitoring
Clearance Pruning
Prune to clean dead
C B
Condition Rating % 38% 47%
B B
Health 45% 60%
Structure 30% 30%
Form: 40% 50%
Functional Limits 20% 20% 10% 25% 20%
External Limits 20% 20% 10% 25% 40%
Replacement Tree

5.5 5.5 5.5 5.5 5.5

23.75 23.75 23.75 23.75 23.75
5,000$ 5,000$ 5,000$ 5,000$ 5,000$ Plowboy Plowboy Plowboy Plowboy Plowboy
Computations
211$ 211$ 211$ 211$ 211$ 4,132$ 7,437$ 4,297$ 28,591$ 130,227 $ -$ -$ -$ 685$ 4,862 $ Total Repro. Costs (11+12) -$ -$ -$ 685$ 4,862$ -$ - $ - $ - $ 700$ 4,900$ -$ no no
form fence size, age
n/a n/a
Width
Tree ID
Common Name
Genus
Species
Height
DBH or Multi Equal
Aesthetic Grade
Significant Flaws
Treatment
Condition Description
Health Grade
Source
Trunk Dia. ISA Reg. Suppl.

Cross-sectional area
60" Box Replacement
Why is it not feasible?
Est. Relocation Cost
Unit Tree Cost (#8/#7)
Basic Repro. Cost (2x9)
Depreciated Cost (3x4x5x10)
Value Rounded
Relocation Feasible?

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29 30 31 32 33 34 35
Aleppo
Pine
Live Oak Aleppo
Pine
Aleppo
Pine
Aleppo
Pine
Aleppo
Pine
Live Oak
Pinus Quercus Pinus Pinus Pinus Pinus Quercus
halepinsus agrifolia halepinsus halepinsus halepinsus halepinsus agrifo lia 50 20 40 30 50 30 20
30 10 20 15 35 10 10
trunk diameter 1 15.0 5.5 12.0 12.0 18.0 9.0 9.5
mu
ltitrunk diameter 2 8.0 7.5 15.0 12.0
multitrunk diameter 3 2.0 12.0
multitrunk diameter 4
multitrunk diameter 5
multitrunk diameter 6

17.1 9.3 19.2 12.0 24.7 9.0 9.5
Trunk Area: Oak 20si, Other 72si 230 68 290 113 480 64 71 Less than Ordinance Size 1
Protected Size Tree-All 1 1 1 1 1 1
Protected Size Trees- Offsite
Retain Tree
Protected & Removed - Grading 1 1 1 1 1 1
Less than Ordinance Size Removed 1
Fence and Signs
Root Pruning Needed
Const. Monitoring
Clearance Pruning
Prune to clean dead

C D D D C D
leans
prune
Condition Rating % 50% 37% 30% 33% 32% 33%

C D D D C D
Health 50% 40% 40% 40% 40% 30%
Structure 50% 40% 30% 30% 35% 35%
Form: 50% 30% 20% 30% 20% 35%
Functional Limits 40% 40% 40% 40% 40% 30%
External Limits 40% 60% 40% 40% 40% 60%
Replacement Tree

5.5 5.5 5.5 5.5 5.5 5.5 5.5

23.75 23.75 23.75 23.75 23.75 23.75 23.75
5,000$ 5,000$ 5,000$ 5,000$ 5,000$ 5,000$ 5,000$ Plowboy Plowboy Plowboy Plowboy Plowboy Plowboy Plowboy Computations
211$ 211$ 211$ 211$ 211$ 211$ 211$ 48,422$ 14,295$ 60,982$ 23,798$ 101,141 $ 13,386$ 14,915$ 3,874$ 1,258$ 2,927$ 1,269$ 5,124$ -$ 895$ Total Repro. Costs (11+12) 3,874$ 1,258$ 2,927$ 1,269$ 5,124$ -$ 895$ 3,900$ 1,300$ 2,900$ 1,300$ 5,100$ -$ 900$ no no no no no no
slope health slope slope slope slope
n/a n/a n/a n/a n/a n/a
Width
Tree ID
Common Name
Genus
Species
Height
DBH or Multi Equal
Aesthetic Grade
Significant Flaws
Treatment
Condition Description
Health Grade
Source
Trunk Dia. ISA Reg. Suppl.

Cross-sectional area
60" Box Replacement
Why is it not feasible?
Est. Relocation Cost
Unit Tree Cost (#8/#7)
Basic Repro. Cost (2x9)
Depreciated Cost (3x4x5x10)
Value Rounded
Relocation Feasible?

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36 37 38 39 40 41 42
Aleppo
Pine
Aleppo
Pine
Aleppo
Pine
Aleppo
Pine
Aleppo
Pine
Live Oak Aleppo
Pine
Pinus Pinus Pinus Pinus Pinus Quercus Pinus
halepinsus halepinsus halepinsus halepinsus halepinsus agrifolia halepinsus 20 20 50 15 15 15 40
10 10 35 10 10 10 25
trunk diameter 1 8.0 8.0 33.0 5.0 5.0 7.5 24. 0
multitrunk diameter 2 4.0 5.0 6.0
multitrunk diameter 3
multitrunk diameter 4
multitrunk diameter 5
multitrunk diameter 6

8.9 8.0 33.0 7.1 5.0 7.5 24.7
Trunk Area: Oak 20si, Other 72si 63 50 855 39 20 44 480 Less than Ordinance Size 1 1 1 1
Protected Size Tree-All 1 1 1
Protected Size Trees- Offsite
Retain Tree
Protected & Removed - Grading 1 1 1
Less than Ordinance Size Removed 1 1 1 1
Fence and Signs
Root Pruning Needed
Const. Monitoring
Clearance Pruning
Prune to clean dead
C D D
Condition Rating % 37% 30% 30%
C D D
Health 40% 35% 30%
Structure 40% 40% 30%
Form: 30% 15% 30%
Functional Limits 35% 40% 40%
External Limits 40% 60% 40%
Replacement Tree

5.5 5.5 5.5 5.5 5.5 5.5 5.5

23.75 23.75 23.75 23.75 23.75 23.75 23.75
5,000$ 5,000$ 5,000$ 5,000$ 5,000$ 5,000$ 5,000$ Plowboy Plowboy Plowboy Plowboy Plowboy Plowboy Plowboy Computations
211$ 211$ 211$ 211$ 211$ 211$ 211$ 13,221$ 10,577$ 179,972$ 8,263$ 4,132$ 9,296$ 101,141$ -$ -$ 9,239$ -$ -$ 669$ 4,855 $ Total Repro. Costs (11+12) -$ -$ 9,239$ -$ -$ 669$ 4,855$ -$ - $ 9,200$ -$ - $ 700$ 4,900$ no no no
size, age health slope
n/a n/a n/a
Width
Tree ID
Common Name
Genus
Species
Height
DBH or Multi Equal
Aesthetic Grade
Significant Flaws
Treatment
Condition Description
Health Grade
Source
Trunk Dia. ISA Reg. Suppl.

Cross-sectional area
60" Box Replacement
Why is it not feasible?
Est. Relocation Cost
Unit Tree Cost (#8/#7)
Basic Repro. Cost (2x9)
Depreciated Cost (3x4x5x10)
Value Rounded
Relocation Feasible?

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43 44 45 46 47 48 49
Aleppo
Pine
Aleppo
Pine
Live Oak Aleppo
Pine
Aleppo
Pine
Live Oak Pepper
Pinus Pinus Quercus Pinus Pinus Quercus Schinus
halepinsus halepinsus agrifolia halepinsus halepinsus agrifolia molle 40 35 15 35 35 25 15
25 15 10 30 25 15 15
trunk diameter 1 18.0 6.0 5.5 13.0 15.0 10.0 4.0
m
ultitrunk diameter 2 8.0 5.0 13.0 8.0 4.0
multitrunk diameter 3 8.0 4.0 12.0 4.0
multitrunk diameter 4 9.0 4.0
multitrunk diameter 5 2.0
multitrunk diameter 6 2.0

21.3 8.8 5.5 23.7 17.0 10.0 8.5
Trunk Area: Oak 20si, Other 72si 355 60 24 442 227 79 57 Less than Ordinance Size 1 1
Protected Size Tree-All 1 1 1 1 1
Protected Size Trees- Offsite
Retain Tree
Protected & Removed - Grading 1 1 1 1 1
Less than Ordinance Size Removed 1 1
Fence and Signs
Root Pruning Needed
Const. Monitoring
Clearance Pruning
Prune to clean dead

D D D B C
Condition Rating % 37% 28% 38% 43% 52%

D D D C B
Health 35% 35% 35% 50% 65%
Structure 40% 30% 40% 40% 45%
Form: 35% 20% 40% 40% 45%
Functional Limits 40% 40% 40% 40% 40%
External Limits 40% 60% 40% 40% 60%
Replacement Tree

5.5 5.5 5.5 5.5 5.5 5.5 5.5

23.75 23.75 23.75 23.75 23.75 23.75 23.75
5,000$ 5,000$ 5,000$ 5,000$ 5,000$ 5,000$ 5,000$ Plowboy Plowboy Plowboy Plowboy Plowboy Plowboy Plowboy Computations
211$ 211$ 211$ 211$ 211$ 211$ 211$ 74,699$ 12,725$ 4,999$ 93,043 $ 47,761$ 16,526$ 11,899$ 4,382$ -$ 340$ 5,707 $ 3,311$ 2,049$ -$ Total Repro. Costs (11+12) 4,382$ -$ 340$ 5,707$ 3,311$ 2,049$ -$ 4,400$ -$ 300$ 5,700$ 3,300$ 2,000$ -$ no no no no no
slope health size, age size, age slope
n/a n/a n/a n/a n/a
Width
Tree ID
Common Name
Genus
Species
Height
DBH or Multi Equal
Aesthetic Grade
Significant Flaws
Treatment
Condition Description
Health Grade
Source
Trunk Dia. ISA Reg. Suppl.

Cross-sectional area
60" Box Replacement
Why is it not feasible?
Est. Relocation Cost
Unit Tree Cost (#8/#7)
Basic Repro. Cost (2x9)
Depreciated Cost (3x4x5x10)
Value Rounded
Relocation Feasible?

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50 51 52 53 54 55 56
Aleppo
Pine
Aleppo
Pine
Aleppo
Pine
Pepper Aleppo
Pine
Pepper Pepper
Pinus Pinus Pinus Schinus Pinus Schinus Schinus
halepinsus halepinsus halepinsus molle halepinsus molle molle 40 30 35 30 45 35 25
25 20 25 20 15 45 15
trunk diameter 1 18.0 14.0 21.0 14.0 15.0 14.0 8. 0
multitrunk diameter 2 8.0 14.0 16.0 8.0
multitrunk diameter 3 12.0 6.0
multitrunk diameter 4 13.0
multitrunk diameter 5 14.0
multitrunk diameter 6 8.0

18.0 14.0 22.5 19.8 15.0 32.0 12.8
Trunk Area: Oak 20si, Other 72si 254 154 396 308 177 805 129 Less than Ordinance Size
Protected Size Tree-All 1 1 1 1 1 1 1
Protected Size Trees- Offsite
Retain Tree
Protected & Removed - Grading 1 1 1 1 1 1 1
Less than Ordinance Size Removed
Fence and Signs
Root Pruning Needed
Const. Monitoring
Clearance Pruning
Prune to clean dead

C C B B D B B
Condition Rating % 40% 30% 37% 37% 40% 33% 48%

C D C B C C B
Health 45% 30% 45% 45% 40% 40% 65%
Structure 45% 30% 30% 35% 40% 30% 30%
Form: 30% 30% 35% 30% 40% 30% 50%
Functional Limits 40% 40% 40% 40% 35% 35% 40%
External Limits 40% 40% 40% 40% 40% 40% 40%
Replacement Tree

5.5 5.5 5.5 5.5 5.5 5.5 5.5

23.75 23.75 23.75 23.75 23.75 23.75 23.75
5,000$ 5,000$ 5,000$ 5,000$ 5,000$ 5,000$ 5,000$ Plowboy Plowboy Plowboy Plowboy Plowboy Plowboy Plowboy Computations
211$ 211$ 211$ 211$ 211$ 211$ 211$ 53,545$ 32,392$ 83,458$ 64,783$ 37,184$ 169,395 $ 27,103$ 3,427$ 1,555$ 4,896$ 3,801$ 2,082$ 7,905$ 2,096$ Total Repro. Costs (11+12) 3,427$ 1,555$ 4,896$ 3,801$ 2,082$ 7,905$ 2,096$ 3,400$ 1,600$ 4,900$ 3,800$ 2,100$ 7,900$ 2,100$ no no no no no no no
slope size, age size, age size, age slope size, age size, age n/a n/a n/a n/a n/a n/a n/a
Width
Tree ID
Common Name
Genus
Species
Height
DBH or Multi Equal
Aesthetic Grade
Significant Flaws
Treatment
Condition Description
Health Grade
Source
Trunk Dia. ISA Reg. Suppl.

Cross-sectional area
60" Box Replacement
Why is it not feasible?
Est. Relocation Cost
Unit Tree Cost (#8/#7)
Basic Repro. Cost (2x9)
Depreciated Cost (3x4x5x10)
Value Rounded
Relocation Feasible?

232

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57 58 59 60 61 62 63
Ash Pepper Pepper Pepper Pepper Pepper Pepper
Fraxinua Schinus Schinus Schinus Schinus Schinus Schinus molle molle molle molle molle molle
20 20 20 20 20 20 20
15 20 20 20 20 20 20
trunk diameter 1 5.0 12.0 13.0 23.0 8.0 6.0 8.0
m
ultitrunk diameter 2 6.0 18.0 12.0 8.0 5.0 10.0
multitrunk diameter 3 4.0 4.0 9.0 5.0 4.0
multitrunk diameter 4 4.0 2.0 4.0
multitrunk diameter 5 4.0 6.0
multitrunk diameter 6 4.0 6.0

11.2 22.0 19.8 24.4 8.0 9.5 16.4
Trunk Area: Oak 20si, Other 72si 98 380 309 466 50 71 210 Less than Ordinance Size 1
Protected Size Tree-All 1 1 1 1 1 1
Protected Size Trees- Offsite
Retain Tree
Protected & Removed - Grading 1 1 1 1 1 1
Less than Ordinance Size Removed 1
Fence and Signs
Root Pruning Needed
Const. Monitoring
Clearance Pruning
Prune to clean dead

B D D D D D
Condition Rating % 43% 42% 32% 45% 40% 23%

B D D C D C D
Health 70% 45% 45% 45% 35% 50% 30%
Structure 30% 40% 30% 40% 20% 40% 20%
Form: 30% 40% 20% 50% 20% 30% 20%
Functional Limits 30% 40% 40% 40% 40% 40%
External Limits 30% 40% 40% 40% 40% 40%
Replacement Tree

5.5 5.5 5.5 5.5 5.5 5.5 5.5

23.75 23.75 23.75 23.75 23.75 23.75 23.75
5,000$ 5,000$ 5,000$ 5,000$ 5,000$ 5,000$ 5,000$ Plowboy Plowboy Plowboy Plowboy Plowboy Plowboy Plowboy Computations
211$ 211$ 211$ 211$ 211$ 211$ 211$ 20,658$ 79,987$ 65,114$ 98,001$ 10,577$ 14,874$ 44,291$ 806$ 5,332 $ 3,299$ 7,056$ -$ 952$ 1,654 $ Total Repro. Costs (11+12) 806$ 5,332$ 3,299$ 7,056$ -$ 952$ 1,654$ 800$ 5,300$ 3,300$ 7,100$ -$ 1,000$ 1,700$ no no no no no no no
structure size, age size, age size, age slope size, age size, age n/a n/a n/a n/a n/a n/a n/a
Width
Tree ID
Common Name
Genus
Species
Height
DBH or Multi Equal
Aesthetic Grade
Significant Flaws
Treatment
Condition Description
Health Grade
Source
Trunk Dia. ISA Reg. Suppl.

Cross-sectional area
60" Box Replacement
Why is it not feasible?
Est. Relocation Cost
Unit Tree Cost (#8/#7)
Basic Repro. Cost (2x9)
Depreciated Cost (3x4x5x10)
Value Rounded
Relocation Feasible?

233

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64 65 66 67 68 69 70
Pepper Pepper Deciduous Jacaranda Jacaranda Jacaranda Jacaranda Schinus Schinus Unk Jacaranda Jacaranda Jacaranda Jacaranda molle molle mimosifolia mimosifolia mimosifolia mimosifolia 20 15 15 20 20 25 25
20 15 15 15 25 20 20
trunk diameter 1 8.0 3.0 6.0 7.6 9.2 7.3 3.2
m
ultitrunk diameter 2 6.0 3.0 5.7 11.5 3.5 5.4
multitrunk diameter 3 8.0 3.0 6.4 4.1 6.4
multitrunk diameter 4 10.0 1.0 6.1 7.0
multitrunk diameter 5 7.0 1.0 8.3
multitrunk diameter 6 1.0 8.9

17.7 5.7 6.0 11.5 14.7 10.9 16.6
Trunk Area: Oak 20si, Other 72si 246 25 28 104 170 94 218 Less than Ordinance Size 1 1
Protected Size Tree-All 1 1 1 1 1
Protected Size Trees- Offsite
Retain Tree 1 1 1 1
Protected & Removed - Grading 1
Less than Ordinance Size Removed 1 1
Fence and Signs 1 1 1 1
Root Pruning Needed 1
Const. Monitoring 1
Clearance Pruning
Prune to clean dead

B D C D C
Condition Rating % 42% 35% 40% 32% 58%

B C C D C
Health 65% 50% 50% 50% 75%
Structure 30% 30% 40% 20% 50%
Form: 30% 25% 30% 25% 50%
Functional Limits 40% 35% 30% 35% 35%
External Limits 40% 40% 30% 30% 35%
Replacement Tree

5.5 5.5 5.5 5.5 5.5 5.5 7.5

23.75 23.75 23.75 23.75 23.75 23.75 25.75
5,000$ 5,000$ 5,000$ 5,000$ 5,000$ 5,000$ 5,002$ Plowboy Plowboy Plowboy Plowboy Plowboy Plowboy Plowboy Computations
211$ 211$ 211$ 211$ 211$ 211$ 194$ 51,727$ 5,334$ 5,949$ 21,790$ 35,820$ 19,779$ 42,268$ 3,448$ -$ -$ 1,068$ 1,290$ 658$ 3,020 $ Total Repro. Costs (11+12) 3,448$ -$ -$ 1,068$ 1,290$ 658$ 3,020$ 3,400$ -$ - $ 1,100$ 1,300$ 700$ 3,000$ no no no no no
size, age cond, obs cond, obs cond, obs cond, obs
n/a n/a n/a n/a n/a
Width
Tree ID
Common Name
Genus
Species
Height
DBH or Multi Equal
Aesthetic Grade
Significant Flaws
Treatment
Condition Description
Health Grade
Source
Trunk Dia. ISA Reg. Suppl.

Cross-sectional area
60" Box Replacement
Why is it not feasible?
Est. Relocation Cost
Unit Tree Cost (#8/#7)
Basic Repro. Cost (2x9)
Depreciated Cost (3x4x5x10)
Value Rounded
Relocation Feasible?

234

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71 72 73 74 75 76 77
Jacaranda Bottle
Brush
Bottle
Brush
Bottle
Brush
Bottle
Brush
Bottle
Brush
Bottle
Brush
Jacaranda Callistemon Callistemon Callistemon Callistemon Callistemon Callis temon mimosifolia viminalis viminalis viminalis viminalis viminalis vimin a lis 25 17 17 18 17 20 20
20 10 12 12 9 9 9
trunk diameter 1 14.3 9.6 11.5 8.0 8.6 13.1 9. 6
multitrunk diameter 2 8.6 12.1
multitrunk diameter 3
multitrunk diameter 4
multitrunk diameter 5
multitrunk diameter 6

14.3 9.6 11.5 8.0 12.2 13.1 15.4
Trunk Area: Oak 20si, Other 72si 161 72 103 50 116 134 187 Less than Ordinance Size 1
Protected Size Tree-All 1 1 1 1 1 1
Protected Size Trees- Offsite
Retain Tree 1 1 1 0 1 1 1
Protected & Removed - Grading
Less than Ordinance Size Removed 1
Fence and Signs 1 1 1 1 1 1
Root Pruning Needed 1 1 1
Const. Monitoring 1 1 1
Clearance Pruning 1
Prune to clean dead

C D C D D D
Condition Rating % 40% 28% 50% 35% 37% 35%

C D C D D D
Health 50% 45% 50% 45% 45% 45%
Structure 40% 20% 50% 30% 35% 30%
Form: 30% 20% 50% 30% 30% 30%
Functional Limits 35% 40% 40% 40% 40% 40%
External Limits 35% 50% 50% 50% 50% 50%
Replacement Tree

8.5 9.5 10.5 11.5 12.5 13.5 14.5

26.75 27.75 28.75 29.75 30.75 31.75 32.75
5,003$ 5,004$ 5,005$ 5,006$ 5,007$ 5,008$ 5,009$ Plowboy Plowboy Plowboy Plowboy Plowboy Plowboy Plowboy Computations
187$ 180$ 174$ 168$ 163$ 158$ 153$ 30,154$ 12,921$ 17,963$ 8,373$ 18,902 $ 21,111$ 28,544$ 1,478$ 732$ 1,796 $ -$ 1,323$ 1,548$ 1,998$ Total Repro. Costs (11+12) 1,478$ 732$ 1,796$ -$ 1,323$ 1,548$ 1,998$ 1,500$ 700$ 1,800$ -$ 1,300$ 1,500$ 2,000$ no no no no no no no
cond, obs cond, obs cond, obs cond, obs cond, obs cond, obs cond, obs n/a n/a n/a n/a n/a n/a n/a
Width
Tree ID
Common Name
Genus
Species
Height
DBH or Multi Equal
Aesthetic Grade
Significant Flaws
Treatment
Condition Description
Health Grade
Source
Trunk Dia. ISA Reg. Suppl.

Cross-sectional area
60" Box Replacement
Why is it not feasible?
Est. Relocation Cost
Unit Tree Cost (#8/#7)
Basic Repro. Cost (2x9)
Depreciated Cost (3x4x5x10)
Value Rounded
Relocation Feasible?

235

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78 79 80 81
Bottle
Brush
Bottle
Brush
Bottle
Brush
Bottle
Brush
Callistemon Callistemon Callistemon Callistemon
viminalis viminalis viminalis viminalis
17 17 17 17
9 9 8.3 8.3
trunk diameter 1 9.2 8.3 10.5 13.7
multitrunk diameter 2 9.2 8.9
multitrunk diameter 3
multitrunk diameter 4
multitrunk diameter 5
multitrunk diameter 6

13.1 12.2 10.5 13.7
Trunk Area: Oak 20si, Other 72si 134 116 87 147
Less than Ordinance Size
Protected Size Tree-All 1 1 1 1
Protected Size Trees- Offsite
Retain Tree 1 1 1 1
Protected & Removed - Grading
Less than Ordinance Size Removed
Fence and Signs
Root Pruning Needed
Const. Monitoring
Clearance Pruning
Prune to clean dead

D D D D
Condition Rating % 35% 35% 37% 37%

D D D D
Health 45% 45% 45% 45%
Structure 30% 30% 35% 35%
Form: 30% 30% 30% 30%
Functional Limits 40% 40% 40% 40%
External Limits 50% 50% 50% 50%
Replacement Tree

15.5 16.5 17.5 18.5

33.75 34.75 35.75 36.75
5,010$ 5,011$ 5,012$ 5,013$
Plowboy Plowboy Plowboy Plowboy
Computations
148$ 144$ 140$ 136$
19,879$ 16,762$ 12,156$ 20,081$
1,392$ 1,173$ 891$ 1,473 $
Total Repro. Costs (11+12) 1,392$ 1,173$ 891$ 1,473$ 1,400$ 1,200$ 900$ 1,500$
no no no no
cond, obs
cond, obs cond, obs cond, obs
n/a n/a n/a n/a
Width
Tree ID
Common Name
Genus
Species
Height
DBH or Multi Equal
Aesthetic Grade
Significant Flaws
Treatment
Condition Description
Health Grade
Source
Trunk Dia. ISA Reg. Suppl.

Cross-sectional area
60" Box Replacement
Why is it not feasible?
Est. Relocation Cost
Unit Tree Cost (#8/#7)
Basic Repro. Cost (2x9)
Depreciated Cost (3x4x5x10)
Value Rounded
Relocation Feasible?

236

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APPENDIX C TREE PROTECTION PLAN
Below is a list of the sixteen trees to remain and the protection measures required for each.

See Appendix A Tree Map.

Tree ID
Common
Name
Retain Tree
Fence &
Signs
Root Prune
Const.

Monitoring
Clearance
Pruning
Prune to
clean dead
12 Pepper offsite 1 1 1 1 1
26 Pepper offsite 1
67 Jacaranda 1 1 1 1
68 Jacaranda 1 1
69 Jacaranda 1 1
70 Jacaranda 1 1
71 Jacaranda 1 1
72 Bottle Brush 1 1 1
73 Bottle Brush 1 1
75 Bottle Brush 1 1 1 1
76 Bottle Brush 1 1 1 1
77 Bottle Brush 1 1 1 1
78 Bottle Brush 1
79 Bottle Brush 1
80 Bottle Brush 1
81 Bottle Brush 1
Totals 16 11 5 5 1 1
Protection Measures
Fence and Signs 11
Root Pruning Needed 5
Const. Monitoring 5
Clearance Pruning 1
Prune to clean dead 1

PRECONSTRUCTION TASKS
Select a project arborist to be the liaison between the city planner and job site superintendent. The project arborist can be selected from this office or any qualified arborist acceptable to the city.
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The project arborist shall inspect the site to confirm that all pre-construction tasks have been accomplished including installation of protection fencing, root pruning, canopy clearance pruning and signs. Fencing must be at least 6 feet high, and poles must be fixed in place.

After root pruning and canopy clearance pruning have been completed, the project arborist can approve repositioning the fence at the limits of excavation. The project arborist shall provide a field observation report to the city planner indicating that all protection measures are in place.

The project arborist shall work with the job site superintendent to develop a schedule showing when the arborist will be onsite to monitor work being done within the tree protected zone.

Work that required arborist monitoring includes:
• Canopy pruning
• Trees 12 and 72
• Root pruning
• Trees 12, 67, 75, 76, 77
• Any work done within the fenced tree protected zone including demolition. • As required by the city planner or conditions of approval

238

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APPENDIX E: TREE PHOTOS
NOTE NUMBERS START WITH 1 through 81.
239
CA 118 FWY
1 2
3 4
5 6
7 SHRUB

SAPLINGS

SAPLINGS
8 9 10
STUMP
11 SHRUB
12 13
14 15
1716
SHRUB
18 19
2021
22 23

SAPLINGS

SAPLINGS
24 25
26 27
28 SAPLING
29 30
31 32
34 33
35 38 4036
37 39
41 43 45 46
42 44
47 48
49 50
51 66
52 53
54 55
56 57 5859
606263 61
6465
3" SAPLING
STUMP

W/ SAPLING
5" PINE
67 68

TREE MAP
BASED ON THE SITE PLAN.

SAPLINGS

SAPLINGS

PROTECTED TREEPROTECTED TREE DISPLACED BY GRADING

ID NUMBER

CRITICAL ROOT ZONE REMOVE

CANOPY TO REMOVE

ID NUMBER

CRITICAL ROOT ZONE

CANOPY LIMITS OF GRADING

ENCROACHMENT
25 SMALLER THAN ORDINANCE SIZE
73 74
75 76
77 69
71 72
70 78
79 80
81 6'
4'
11-13-2023
REFLECTS CONDITONS ON THE DATE OF INVENTORY APRIL 11, 2023 AND NOV. 2, 2023 240
EXHIBIT 3

ASSOCIATED TRANSPORTATION

ENGINEERS
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
From: doug cochranproperties.com
To: Sean Gibson
Cc: Zarui Chaparyan
Subject: RE: Lohman Project and Cochran Properties" easement Date: Wednesday, December 18, 2024 9:00:32 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. If you suspect a phishing attempt please report it as phishing. Learn how.

Hi Sean,
I'm still working on analyzing the project, but I wanted to be sure and get the meat of the issues over to you for your meeting with Mike and his guys this morning. As I've said earlier to you on the phone, I'm not trying to hold up the project. Overall, I like the project and think it will be a great addition to the neighborhood. As I think about it today, I obviously may come up with other items before the meeting tonight, but here is the bulk of the issues I found:

1. As we've discussed, as one drives up the driveway, the landscaping and improvements on the left-hand side of the driveway should match the project's aesthetics on the left-hand side of the driveway. The landscaping and improvements on the right-hand side of the driveway should match the landscaping and aesthetics of the projects on the right-hand side.

The subject project doesn't respect the easement rights of the western property owner, including the right to encroach on the easement. These include but may not be limited to:

a. The subject project is not allowed to remove my trees numbered 74, 75, and 76. Tree 74 shows as being removed in the Tree Table. In the Protected Tree Exhibit, it looks as if trees 75 and 76 are being removed to make way for an EV charging station.
b. Note 31 on the Site Plan indicates my parking will be removed and replaced.
c. Note 16 on the Site Plan indicates light standards will be placed over my landscaping area.
d
. Note 27 on the Site Plan indicates part of my landscaping will be removed to allow room for an EV charging station.
e. Two of my parking spaces are being removed to make room for two handicapped parking spaces, a new finger planter, and a decomposed granite walkway. Is a decomposed granite walkway even allowed in an industrial setting?
f. A pad for utilities is shown on the landscape plan. But it is not a utility pad; it was a slab poured for an outside compressor for a past tenant in building 759.
g. The Landscape Plan shows four large trees being planted next to my buildings in my landscape area.
h. The Landscape Plan shows the removal of all my bushes and replacement with landscaping for the subject project.
293

2. One item that has been an issue in the past is the swale on the west side of the easement driveway just south of building 759 becoming overwhelmed in heavy rains, spilling over, and overpowering our drain behind building 743. During the El Nino storms of 1996, water and debris flowed from the SVUSD back lot (Lot C), overpowered the swale, and flooded our building 743. It is the reason the school district installed the debris basin at the southwest corner of what is now Lot C. Right now, the swale is handling the runoff for half of building 759 and half of building 775, as well as the water falling on the easement, but it doesn't take significant water from Lot C because of the SVUSD installed the small debris basin.

In Note 49 on the Engineered Site Plan, a trench drain with a filter goes across the easement roadway. The odds of the filter being properly maintained is low.

If a future owner doesn't maintain it, am I or one of the other downstream owners allowed to maintain it? Who would fix it if it becomes damaged by heavy truck traffic? The one impacted by the failure of the drain would likely be the tenant(s) or owner of building 743, but the drain belongs to the owner of 861. From a long-term perspective, where there will be other owners who don't know the history of the drainage issue, we should keep the operation of the easement as simple as possible and limit it to surface drainage. The southwest corner of the project could use the swale and catch basin system that the rest of the subject project uses to get the water off-site.

3. It seems like the location of the monument sign is inappropriate as it would only be relevant to those traveling from my property to the subject property. The subject property has no right of access through my property. Monument signage would be more appropriate at the southwest corner of the subject property and should be included as part of the approval process. If the purpose of the monument sign is other than for the project, like freeway signage, it should be called freeway signage and not monument signage, so the Planning Commission is aware of what it is voting for.

4. There are errors and inconsistencies on the plans.
a. The location of at least the western property line on the Site Plan, Overall Site Plan, and the Tree Map in the Tree Report is inaccurate. b. The Protected Tree Exhibit is inaccurate because of the property line issue and doesn't account for at least trees 69, 70, 71, 72, 73, 75, 76, 77, 78, 79, and 80.
c. The Tree Report erroneously shows Tree 81 as remaining. Tree 81 should not be listed in the report as it is not on the subject project but on Lot B. d
. Tree Report is flawed because it shows some trees on the subject project as not on the subject project and addresses trees not on the subject property.
e. On the Title Sheet to Delane Engineering's drawings: The western driveway should not show as Carper [sic] Lane as it is not a city road but a private driveway.

Thanks,
Doug
294
Att: Planning Commission,
On December 18 th, 2024. Mr. Felbinger (Owner of Parcel 1) outlined some concerns related to our project. Because we were notified a few hours before our scheduled City Council Meeting, we felt it was necessary to take some time and work directly with Mr. Felbinger. We look forward to our rescheduled City Council Meeting on January 22, 2025.

It appears that Mr. Felbinger needed an interpretation of the western easement agreement and asked that we have our attorney make that interpretation. On December 20th, 2024, we delivered the following Interpretation of our respective rights with regard to the Access Easement to Mr.

Felbinger. My attorney has provided the following analysis:

RE: Western Access Easement on Parcel C (For Our Next, LLC) for the benefit of Parcel 1 (Cochran Properties) with reference to Parcel A (Cochran Industrial Condominiums Owners Association, Inc.) and Parcel B (Gyco Immobiliare, LLC).

Access Easement Defined
“Access Easement” is defined as the easement described in Paragraph 1.1 of that certain Grant of Easement and Agreement of Covenants, Conditions and Restrictions, executed on or around March 15, 1988, and recorded on April 12, 1988, as Instrument No. 88-047948 of the Official Records of the County of Ventura (“Easement Agreement") , and is further described and depicted in Exhibit C of the Easement Agreement. The Access Easement is referenced in Paragraph 1 of that certain First Amendment to Easement and Agreement of Covenants, Conditions and Restrictions effective November 6, 2017 , and recorded on November 7, 2017 , as Instrument No. 20171107-00144873-0 of the Official Records of the County of Ventura (“Easement Amendment”).

Note: In previous discussions, there have been references to that certain Reciprocal Grant of Easement and Agreement of Covenants, Conditions and Restrictions executed on or around April 22, 2019, and recorded on April 30, 2019, as Instrument No. 20190430- 00046885-0 of the Official Records of the County of Ventura. However, this agreement is solely between the Simi Valley Unified School District, a political subdivision of the State of California, and the owners or prospective owners of Parcel A, Parcel B a nd Parcel C.

The owners of Parcel 1 are not a party to this agreement, nor does this agreement impact the rights of the owner of Parcel 1 with regard to the Access Easement in any way. For that reason, this agreement is not further considered or referenced below.

Parcel 1 Easement Rights
The only easement rights concerning the Access Easement that have been granted to Parcel 1 are defined in Paragraph 1.1 of the Easement Agreement as follows:
“a perpetual non-exclusive easement for roadway purposes and for pedestrian and vehicular access, ingress, egress, use and enjoyment, together with all necessary rights and support and slope easements incidental thereto, in, to, over, upon, across and through the [Access Easement].”
295
It is important to note that this description of Parcel 1’s rights to the Access Easement are “for roadway purposes,” clarified to be for “pedestrian and vehicular” access, comings, goings and activities incidental thereto; there is no express purpose or express right of use specifying the location of structural improvements, parking lots, gardens, irrigation or any other uses that might occur on Parcel 1 . If the grantor had intended for the Access Easement’s purpose and use rights to include parking, for e xample, the language would have included a n express reference to parking. After all, parking is not an incident of gaining access and entry, but a distinct use. And, it is referred to as an “Access” easement and not as an “Access and Parking” easement. The fact that the Easement Agreement does not refer to parking is dispositive of this issue.

Easement Maintenance Rights
Paragraphs 2, 4 and 6 of the Easement Agreement and Paragraphs 2 -4 of the Easement Amendment describe the various parties’ rights and obligations to maintain, repai r, and cover the costs of repairs to the Access Easement.

Paragraph 3 of the Easement Amendment specifically grants the owners of Parcel 1 the following rights:
“(a) to maintain landscaping and related irrigation devices on the western side of the Access Easement adjacent to Parcel 1 to the extent originally required by the City of Simi Valley, California as a condition to granting entitlements for the development of the improvements on Parcel 1; (b) to maintain such utility lines and equipment currently in place in the Access Easement; and (c) to maintain any encroachments of improvements from Parcel 1 onto the Access Easement as existing on the date hereof, inclu ding, without limitation, any parking spaces or parking areas; (d) for the use of the Access Easement area by Grantee and its employees, contractors, consultants and agents as necessary in connection with the maintenance, repair and replacement of improvements on Parcel 1; and (e) to allow drainage from Parcel 1 and the improvements located thereon on and across the Access Easement, including, without limitation, from drain pipes included within the irrigation devices on Parcel 1 and located within the Acce ss Easement as referenced in subpart (a) of this Paragraph 3.” [Emphasis added.] Notably, the terms “maintain” and “maintenance” appear throughout the list of rights in a consistent manner, referring to upkeep along with repair and replacement. The owners of Parcel 1 are granted the rights to maintain and make use incidental for maintenance.

However, none of this language confers upon the owners of Parcel 1 any additional easement rights under the Access Easement, beyond giving them permission to conduct such maintenance, repairs and replacement.

Encroachments on the Access Easement
Paragraph 3(c) of the Easement Amendment refers to the maintenance of to “any encroachments of improvements from Parcel 1 onto the Access Easement as existing on the date hereof, including, without limitation, any parking spaces or parking areas.” Again, 296
this paragraph permits the owners of Parcel 1 to maintain any improvements to Parcel 1 encroaching as of that date into the Access Easement area, but it does not expressly confer upon the owners of Parcel 1 the right to have constructed such encroachments, for such encroachments to remain, or to use such encroachments . And, again, the purpose and use terms in Paragraph 1.1 of the Easement Agreement never encompassed the grant of a parking easement. Therefore, to the extent that Paragraph 3(c) of the Easement Amendment acknowledges the grantor’s knowledge of existing encroachments but does not require removal thereof, this amounts to mere permission at will for such encroachments to remain, and permission for the owners of Parcel 1 to use such encroachments at that time. This takes the form of simple permission or, at most, an implied license revocable at will by the owners of Parcel C.

No Other Easement Rights
There is no other mechanism by which the owners of Parcel 1 might have obtained an easement for parking, landscaping or other use of the Access Easement beyond the purposes expressly stated, uses expressly contemplated and rights specifically granted in the Easement Agreement and Easement Amendment. Parcel 1 cannot claim an easement by necessity because such easements are granted only for ingress and egress ; parking, landscaping and other uses are not matters of access, and in any event Parcel 1 has its own legal rights of access. Nor can Parcel 1 claim to have obtained a prescriptive easement for such additional rights because such activities were permitted by the owners of Parcel C under a grant of permission, and therefore by definition could not have been notoriously adverse, as necessary to build a case of prescription . Unless the owners of Parcel 1 can produce a valid easement agreement granting these additional rights, then no such easement rights exist.

Conclusion
For the reasons described above, as the fee owners of Parcel C, including the Access Easement area, we will operate going forward pursuant to the following understanding, interpretation and application of the recorded documents:

1. With regard to vehicular traffic and parking, Parcel 1 only has easement rights right to walk or drive on the Access Easement. We should do nothing to impede Parcel 1’s rights to pedestrian or vehicular ingress or egress on the Access Easement.

2. Any right of the owners of Parcel 1 to have constructed encroachments on the Access Easement, for such existing encroachments to remain on the Access Easement, or to use any such existing encroachments on the Access Easement is subject to revocation at the will of the owners of Parcel C, being merely a grant of permission or a revocable license. To be clear, we can unilaterally revoke such permission or license at any time and for any or no reason.

3. We should revoke and cancel any existing permission or license allowing the encroachments prior to beginning construction on the project and allow the owner of Parcel 1 the reasonable opportunity to remove the encroachments if they desire to do 297
so themselves. If they do not within a stated reasonable period of time , then we will reserve the right to remove them ourselves during construction of the project.

4. If the owners of Parcel 1 have objections to any of our proposed or actual actions on the Access Easement, then we will hear their objections and do our best to accommodate their requests. If they are not satisfied with our efforts and/or believe that we are violating the Easement Agreement and/or the Easement Amendment, then they may bring an action in court to argue their case. As stated, the owner of fee title to Parcel C may make any use of the Access Easement area so long as such use does not prevent use by Parcel 1 for pedestrian and vehicular access, encompassing ingress and egress and incidents thereto.

5. As always and in all respects, we should continue to comply with all applicable laws, regulations, codes, ordinances and the Easement Documents and cooperate fully with all legal and regulatory authorities with regard to all aspects of the project.

So, in light of our attorneys’ interpretation and recommendations above, I’ll do my best to address (in blue text below) the issues you outlined in your message as follows:

Issue: “The alteration of my encroachments.”
Response: Although the encroachments mostly likely belong to you as the owners of Parcel 1, they are only permitted in the Access Easement pursuant to the implied permission or license by the owners of Parcel C, which have been allowed thus far. Under law, t hat permission or license is revocable by us at any time, because it was not established in the form of any perpetual easement.

Once we are able to establish a timeline for our project, we will provide you with written notice that we are revoking and terminating this permission or license, and give you a thirty-day window during which you will have the opportunity to remove the encroachments. If you don’t remove the encroachments by the end of the thirty -day period, or if you inform us that you’d prefer that we remove the encroachments, the n we will remove them. Any improvements that we construct on the Access Easement thereafter will belong to us and you will have no further maintenance obligation with regard to such improvements. Currently, it is possible that we might come to grant you a new revocable license to park in any new parking spaces that might come to be constructed in the area where the existing encroaching parking spaces exist. Any such grant would be made only after construction in this area is complete , and will be accomplished in a separate , signed license agreement.

Issue: “ The subject project doesn't respect the easement rights of the western property owner, including the right to encroach on the easement.”
Response: This is similar to the issue discussed above. Please see above.

Issue: “Easement expenses.”
Response: You said you weren’t concerned about this . However, it’s worth stating that maintenance expenses should be even less of an issue going forward because we will be revoking permission for existing encroachments to remain, allowing removal or removing such encroachments, and therefore leaving no such subject of the Easement Amendment’s Paragraph 298
3(c). And, you will not come to be responsible for any new non-roadway improvements constructed in the Access Easement as part of our project.

Issue: “Item 2 regarding the filtered trench drain.”
Response: All non-roadway improvements constructed in the Access Easement will belong to us as the fee owners of Parcel 3, within which the Access Easement’s area is situated, and we will be responsible for their maintenance and repair. We will let our architect and engineers work with the City to assure compliance with applicable codes and regulations.

Issue: “Monument signage location.”
Response: You are correct that the monument signage you refer to would be freeway signage.

However, please let it be noted that any future signage related to this project would be a separate planning commission submittal and is NOT included with this current project.

Issue: “Errors and inconsistencies in the plans.”
Response: We agree that our architect and engineer can decide if they want to change those items.

Issue: “The landscaping and improvements on the side s of the driveway should match existing landscaping and improvements.”
Response: We will take this issue into consideration when designing and constructing our project, but we reserve the right as fee owners of Parcel C and the Access Easement area to design and construct the landscaping and improvements , at our own discretion and subject only to approval by the City. Some of this concern will be alleviated because most of the existing landscaping and improvements will be removed and replaced as part of our project , meaning any such existing encroaching features no longer will remain and you no longer will need to maintain.

Best Regards,
Mike Lohman
Parcel C Owner

299

CITY OF SIMI VALLEY

MEMORANDUM

SUPPLEMENTAL
AGENDA ITEM NO.

12.A.2 .

January 22, 2025
TO: Planning Commission
FROM: Sean Gibso~ puty Environmental Services Director/City Planner SUBJECT: SUPPLEMENT TO P LANNING COMMISSION AGENDA ITEM 12 .A.2; A REQUEST TO CONSIDER A CONDITIONAL USE PERMIT (CUP-S-2023- 0011) TO CONSTRUCT A 24,290-SQUARE FOOT INDUSTRIAL
BUILDING, WITH ACCOMPANYING O UTDOOR STORAGE ON A 3.84- ACRE LOT; AND A DETERMINATION THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; LOCATED
NORTH OF 875 COCHRAN STREET AND APPROXIMATELY 600 FEET

WEST OF FIRST STREET
Subsequent to the preparation of the Staff Report, Staff has updated Resolution SVPC No. 03-2025 to include Condition *A-17:
*A-17 The "Future Sign" depicted on the site plan (Sheet AP2.1 -- Overall Site Plan; Sheet 1 - Title Sheet; Sheet 2 - Engineered Site Plan; Sheet 5 - Protected Tree Exhibit; Sheet L 1.1 - Preliminary Landscape Plan, dated May 2, 2024) is not a part of this approval. All project signage is subject to future review and approval as defined in the SVMC.

The condition is being added to clarify that the depiction of the future sign on the site plan was not analyzed by staff as signs are normally reviewed at a ministerial level under the provisions of the Simi Valley Municipal Code.

The Planning Division also received the following correspondence:
1) Correspondence from Ervin, Cohen & Jessup LLP, dated January 14, 2025 and January 20, 2025.
2) Correspondence from Doug Felbinger (property owner to the west of the project site), dated January 21, 2025.

A copy of the City Attorney's response to the January 20, 2025, letter from Ervin, Cohen & Jessup, LLP is attached. In short, the Planning Commission does not determine private property rights; it may move forward with the public hearing to consider the land use application.

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CUPS20230011 PC Staff Report Supplemental (mg)
S-2
Attachments:

Exhibit 1: Updated Resolution SVPC 03-2025
Exhibit 2: Correspondence from Ervin, Cohen & Jessup, LLP dated January 14, 2025 Exhibit 3: Correspondence from Ervin, Cohen & Jessup, LLP dated January 20, 2025 Exhibit 4: Correspondence from Doug Felbinger, dated January 21, 2025 Exhibit 5: Correspondence from City Attorney, dated January 20, 2025

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1 CUPS20230011 PC Staff Report Continued (mg)
RESOLUTION NO. SVPC 03-2025

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF SIMI VALLEY APPROVING A CONDITIONAL
USE PERMIT (CUP -S-2023-0011) TO CONSTRUCT A
24,290-SQUARE FOOT INDUSTRIAL BUILDING WITH
ACCOMPANYING OUTDOOR STORAGE ON A 3.84 -ACRE
PARCEL NORTH OF 875 COCHRAN STREET AND
APPROXIMATELY 600 FEET WEST OF FIRST STREET;

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. On September 12, 2023, PK:Architecture filed an application on behalf of CoolIt Rentals (“Applicant”) seeking a Conditional Use Permit (CUP -S-2023-0011) on a

3.84-acre site located north of 875 Cochran Street, and approximately 600 feet west of First Street, designated as Ventura County Assessor’s Parcel No. 615-0- 172-345 and by the legal description attached as Exhibit A, and incorporated by reference, to construct a 24,290-square foot industrial building, with accompanying outdoor storage (“project”);

B. The application was prepared and reviewed by the Environmental S ervices Director, or designee (collectively, the “Director”) for, in part, consistency with the General Plan;

C. The City reviewed the project’s environmental impacts under the California Environmental Quality Act (Public Resources Code § 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 California Code of Regulations § 150000, et seq., the “CEQA Guidelines”), and the City’s Environmental Guidelines;

D. The Director completed the review and scheduled a public hearing regarding the application before the Planning Commission on December 18, 2024;

E. On December 18, 2024, the Planning Commission meeting was cancelled due to a lack of Quorum;

F. On January 8, 2025, the Planning Commission meeting was cancelled due to a lack of Quorum;

G. On January 22, 2025, 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
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2 CUPS20230011 PC Staff Report Continued (mg)
H. This Resolution and its findings are made based upon the evidence presented to the Commission at its January 22, 2025 hearing, including, without li mitation, the staff report submitted by the Director.

SECTION 2. Conditional Use Findings. SVMC § 9-52.070 requires the following findings:

A. SVMC Compliance.

The proposed industrial building is a permitted use and outdoor storage is allowed with a Conditional Use Permit in the Auto Industrial (AI) zoning district of the West End Specific Plan (WESP). The project is consistent with the WESP and the Simi Valley M unicipal Code (SVMC) building height, minimum setback, off -street parking, and landscaping standards as detailed in the Staff Report.

B. General Plan Consistency.

The General Plan land use designation for this site is “Industrial,” intended for industrial, office, and research uses (City of Simi Valley General Plan, Chapter 3).

The site is located within the Auto Industrial zone of the WESP, intended for the development of dealerships for new cars, trucks, and recreational vehicles; the operation of businesses which serve to support the vehicle dealerships; and the development of compatible light industrial uses. The building will be used for manufacturing and warehousing, related office uses, and storage, and is therefore consistent with the General Plan land use designation and the WESP. The project is also consistent with the SVMC’s and WESP’s minimum off -street parking, landscaping, and setback standards.

The project is consistent with the following General Plan goals and policies:

1. General Plan Land Use Goal LU -5: Land Use Compatibility . The proposed manufacture and warehousing is compatible with the existing surrounding uses, which include industrial and office uses, manufacturing, and warehousing. The proposed use has the potential to enhance economic diversity, offering employment opportunities, and contributing revenues to the City. Therefore, the project will comply with this goal.

2. General Plan Land Use Policy LU- 4: Employment Opportunities . The project has the potential to house up to six industrial businesses, which has the potential to create local, well-paying employment opportunities. Therefore, the project will comply with this policy.

C. Specific Plan Consistency.

The project is consistent with the following WESP objective:

1. West End Specific Plan Objective for Minimal Conflicts Between Various Uses (1.3.e). The proposed project is an allowed use and compatible with the surrounding industrial uses. The project provides necessary screening from neighboring lots, off -site parking for the proposed uses, and is setback 303
RES. NO. SVPC 03-2025

3 CUPS20230011 PC Staff Report Continued (mg)
significantly from neighboring lots. Therefore, the project complies with this objective.

D. Design Guideline Compliance.

The proposed project complies with the Citywide Design Guidelines (CDG) as follows:

1. CDG Chapter 4 – Screening. Landscaped slopes along the north, south , and east property lines will screen the proposed building and outdoor storage to minimize visual impacts of the new development to surrounding properties.

Therefore, the proposed project complies with this design guideline.

2. CDG Chapter 4 – Architectural Guidelines. The building incorporates horizontal articulation and textured panels, providing building indentations and architectural details. Therefore, the proposed project complies with this design guideline.

3. CDG Chapter 4 – Building Location. The building is located and designed carefully to fit in with the surrounding industrial uses, and will not dominate the existing character of the area. Therefore, the proposed project complies with this design guideline.

E. Compatibility with Existing and Future Land Uses.

The design, location, operating characteristics, and size of the proposed project will not have a significant impact on aesthetics and view protections of the site, in that the proposed project is compatible with the existing industrial buildings to the south and west, utilized for warehousing and manufacturing. A five- building, grayish-beige industrial complex sits to the west and an older two- building industrial development to the south. The proposed building is more similar in style to the exis ting District industrial condominiums along Cochran Street, directly to the south. The Chevrolet dealership building and car lot are located to the east and the 118 Freeway abuts the parcel to the north.

The proposed building will cover approximately 14.5 percent of the entire lot, while the open storage will take up approximately 66 percent. Development blocks the proposed building and it will not be visible from Cochran Street. Landscaping will further screen the building and open storage from public view.

Thus, the proposed industrial building’s design, location, and size is compatible with the existing land uses in the vicinity in terms of aesthetics, character, and scale.

F. Public Health, Safety, and Welfare.

The Applicant must obtain all required building permits from Building and Safety pursuant to the California Building Code Standards and all required permits from the Ventura County Fire Department (VCFD) before occupancy. The Applicant 304
RES. NO. SVPC 03-2025

4 CUPS20230011 PC Staff Report Continued (mg)
must provide a photometric plan to comply with minimum illumination standards for the public parking areas per SVMC § 9-30.040 to ensure minimum illumination standards at nighttime are met, and that the illumination does not spill onto adjacent properties or create glare (Condition A-14). The project will need to meet stormwater retention needs as specified in Conditions B-6 to *B-9. The Planning Commission, therefore, finds that the public health, safety, and welfare will be protected with implementation of these design conditions.

SECTION 3. Environmental Assessment. Because of the facts set forth in Section 1, the Director completed a Notice of Exemption, in accordance with the provisions of § 15332 of the California Environmental Quality Act.

SECTION 4 . Approval. Subject to the Conditions of Approval attached as Exhibit “B”, which are incorporated by reference (the “COA”), the Planning Commission approves CUP-S-2023-0011. The COA incorporates by reference the Ventura County Fire Protection District Conditions (Exhibit C).

SECTION 5 . Delegation of Authority . The Director is authorized to make clerical corrections; minor technical changes ; and other non-sub stantive edits to the COA, in a form approved by the City Attorney, to ensure the CUP is properly implemented. Unless substantive changes are required, no additional Planning Commission action is required to ratify such changes.

SECTION 6. Reliance On Record. Each and every one of the findings and determinations set forth in this resolution are based on 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 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 projections. Somewhat related to this are the limitations for 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 u ntil superseded by a subsequent resolution.

SECTION 9. The Commission secretary is directed to mail a copy of this Resolution to any person requesting a copy.
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5 CUPS20230011 PC Staff Report Continued (mg)
SECTION 10. This resolution may be appealed within 14 calendar days after its adoption.

All appeals must be in writing and filed with the City Clerk within this time period. Failure to file a timely written appeal will constitute a waiver of any right of appeal.

PASSED and ADOPTED this 22
nd day of January 2025.

Attest:

__________________________ ______________________________ Megan Grai __________________, Chairperson
Management Assistant Planning Commission

Approved as to Form: Approved as to Content:

ALGERIA R. FORD, City Attorney

By:__________________________ ______________________________ Karl H. Berger Sean Gibson
Senior Assistant City Attorney Deputy Environmental Services Director/ City Planner

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RES. NO. SVPC 03-2025

6 CUPS20230011 PC Staff Report Continued (mg)

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 January 22, 2025, by the following vote:

AYES:

NAYS:

ABSTAIN:

ABSENT:

ATTEST:

___________________________
Megan Grai
Management Assistant

307

EXHIBIT A
7 CUPS20230011 PC Staff Report Continued (mg)

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 I:

PARCEL C OF PARCEL MAP NO. LD-S-690, IN THE CITY OF SIMI VALLEY, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 72, PAGES 16 TO 18 OF PARCELS MAPS, AND AS AMENDED BY MAP FILED IN BOOK 72, PAGES 50 AND 51 OF PARCEL MAPS, IN TH E OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPT FROM THAT PORTION OF SAID LAND LYING WITHIN THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 2 NORTH, RANGE 1 8 WEST, RANCHO SIMI, AS PER MAP RECORDED IN BOOK 3, PAGE 7 OF MAPS, ALL OIL, GAS, PETROLEUM , ASPHALTUM, BREA,

HYDROCARBON, CARBONACEOUS AND OTHER KINDRED SUBSTANCES AND

MINERALS WITH T HE RIGHT TO DEVELOP, TAKE, PRODUCE, STORE AND

REMOVE THE SAME AND THE RIGHT TO EXPLORE, SINK WELLS, LAY PIPES, PIPE

LINES, MAKE ROADS, ERECT, OPERATE, USE, MAINTAIN, REPAIR, AND REMOVE

DERRICKS, MACHINERY, EQUIPMENT, HOUSES, TANKS, PIPES, CASING, PIPE

LINES, STILLS, POLES, TELEPHONE AND TELEGRAPH LINES AND EQUIPMENT

AND ALL STRUCTURES, MACHINERY AN D APPLIANCES USUAL OR PROPER IN

CARRYING ON THE BUSINESS OF PRODUCING , STORING, TREA TING AND

MARKETING OIL, GAS AND ASSOCIATED PRODUCTS, AS SET FORTH IN THE DEED FROM WARREN B. LLOYD AND WIFE RECORDED JULY 7, 1915 IN BOOK 147, PAGE 239 OF DEEDS.

ALSO EXCEPT FROM A PORTION OF SAID LAND ALL MINERALS AND ALL OIL, GAS,

ASPHALTUM AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF SAID L AND, WITHOUT THE RIGHT TO

ENTER UPON SAID LAND OR USE THE SURFA CE FOR ANY PURPOSE, AS EXCEPTED IN DEED RECORDED DECEMBER 26, 1967 IN BOOK 3239, PAGE 69 OF OFFICIAL RECORDS.

PARCEL II:

AN EASEMENT FOR VEHICULAR, PEDESTRIAN, MAINTENANCE AND REPAIR

HEREAFTER CONSTRUCTED AND CONSISTING A PART OF THE EASEMENT AREAS OF PARCEL A AND PARCEL B OF PARCEL MAP NO. LD-S-303, SHOWN AND

DEPICTED IN THAT RECIPROCAL EASEMENT GRA NT AND AGREEMENT WITH COVENANTS CONDITIONS AND RESTRICTIONS, RECORDED APRIL 30, 20190430- 00046885-0 OF OFFICIAL RECORDS.

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RES. NO. SVPC 03-2025

EXHIBIT B
CASE NO.: CUP-S-2023-0011
APPLICANT: CoolIt Rentals

8 CUPS20230011 PC Staff Report Continued (mg)

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 successor and assigns thereto. These conditions are deemed to touch and concern the real property, which is the subject hereof, and will run with the land. Compliance with these conditions must be maintained for the life of the permit. 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 SVMC. This condition serves as notice, pursuant to Government Code § 66020(d) that the City is imposing development impact fees (DIFs) upon the project in accordance with the Mitigation Fee Act (Government Code § 66000, et seq.) and the SVMC. The permittee is informed that it may protest DIFs in accordance with Government Code § 66020.

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

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

GC.5 This decision is not effective until Permittee acknowledges acceptance of all project conditions and any appeal period has lapsed, or a waiver of right to appeal 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.

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RES. NO. SVPC 03-2025
CASE NO.: CUP-S-2023-0011
APPLICANT: CoolIt Rentals

9 CUPS20230011 PC Staff Report Continued (mg)
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 AP1 – Cover Sheet; Sheet AP2.1 – Overall Site Plan; AP2.2 – Miscellaneous Details; Sheet AP2 – Site Plan; Sheet AP3 – Floor Plan; Sheet AP5 – B uilding Elevations; Sheet 1 – Title Sheet; Sheet 2 – Engineered Site Plan; Sheet 5 – Protected Tree Exhibit; Sheet L1.1 – Preliminary Landscape Plan; and Sheet L1.2 – Preliminary Plant Images, dated May 2, 2024; Colors and Materials Board, dated January 30, 2024; and Arborist Report, dated April 27, 2023.

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 The 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 Simi Valley Municipal Code (“SVMC”).

A-4 Anything which is not shown on the application/plans, or which is not specifically approved, or which is not in compliance with this CUP, is not approved. Any application and/or plans which are defective as to, without limitation, omission, dimensions, scale, use, colors, materials, encroachments, easements, renders any entitlement null and void.

A-5 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, its assignees or successors in interest.

A-6 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.
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CASE NO.: CUP-S-2023-0011
APPLICANT: CoolIt Rentals

10 CUPS20230011 PC Staff Report Continued (mg)
A-7 Permittee must provide to the Deputy Environmental Services Director/City Planner a copy of all conditions of approval recorded with the Ventura County Recorder's Office.

A-8 Permittee cannot attach signs, flags, pennants, streamers, or banners of any type to the light poles or landscaping.

A-9 Permittee must submit to the Environmental Services Director/City Planner for review and approval of a trash and recycling enclosure plan. The Director will review the enclosure plan for compliance with the following criteria:
a. The enclosure must incorporate the same architectural treatment and use the same approved exterior colors and the materials of the main building;
b. The enclosure must incorporate an opaque gate and include a solid roof, which will be designed to preclude trash from being blown out of the bins;
c. The height of the enclosure walls and gate must be the same or greater than the height of the bins within the enclosure; and d. Except when the bins are being accessed, the bins must be stored at all times within the enclosure with the gate closed.

A- 10 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 (utility equipment);
b. Screening design and location for all above-ground utility equipment by method of 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 be not feasible;
f. Depiction of the Traffic Sight Safety Area (TSSA); and g. Location of all above-ground utility equipment outside of the TSSA.

A- 11 In the event of the encounter of subsurface materials suspected to be of an archaeological or paleontological nature, all grading or excavation must cease in the immediate area, and the find left untouched. Permittee must select and provide a qualified professional archaeologist certified by the 311
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Register of Professional Archaeologists or paleontologist with a degree(s) in paleontology or geology to evaluate and make recommendations as to disposition, mitigation and/or salvage. The recommendation must be implemented before work may proceed. Permittee will be liable for all costs associated with the professional investigation and implementation.

A- 12 Before the time of occupancy inspection, Permittee must provide to the Deputy Environmental Services Director/City Planner 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- 13 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- 14 Permittee must submit photometric and luminaire plans which comply with Simi Valley Municipal Code § 9-30.040. All exterior light fixtures depicted on this plan must have fully recessed lenses and cut -off features that limit illumination at the property line to 0.5 footcandles. A note will be placed on the plan that states: "All downcast light fixtures will be installed and permanently maintained in a horizontal position".
*A-15 Permittee must not store materials within 70 feet of the northern property line, against the 118 Freeway.
*A-16 Permittee must maintain a height of 15 feet or less for outdoor storage at all times.
*A-17 The “Future Sign” depicted on the site plan (Sheet AP2.1 -- Overall Site Plan; Sheet 1 – Title Sheet; Sheet 2 – Engineered Site Plan; Sheet 5 – Protected Tree Exhibit; Sheet L1.1 – Preliminary Landscape Plan, dated May 2, 2024) is not a part of this approval. All project signage is subject to future review and approval as defined in the SVMC.

B. PUBLIC WORKS CONDITIONS:

General
B-1 Permittee must obtain an encroachment permit from the Public Works Director or Designee for construction of public easement or right -of-way.

Before a permit is issued, 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 must be provided in a form and amount acceptable to the City Engineer.

B-2 Before occupancy, Permittee must complete all improvements per the accepted plans and approved conditions, and must obtain acceptance for the improvements by the City Engineer.

B-3 Before requesting a final inspection for release of securities, Permittee must submit record drawings, certifications, final soils report, and digital file(s) of 312
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record drawings in an ESRI Info or DXF formal compatible with the City GIS database to the Director of Public Works, or designee.

Grading
B-4 Before the City Engineer issues a grading permit, Permittee must submit a site paving, drainage, and grading plan, subject to review and approval by the City Engineer. The plans must be in conformance with Chapter 7 of the Ventura County Land Development Manual adopted by City Council Resolution No. 69- 8. The 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. Upon acceptance of the soils report by the City Engineer, Permittee must submit digital files of the report and all comments, responses, references, and supporting data to the City Engineer.

B-5 Before the City Engineer issues a grading permit, Permittee must post improvement securities for all grading, pay all applicable fees, and provide insurance documentation in a form acceptable to the City Engineer.

Drainage
B-6 Before the City Engineer issues a grading permit, Permittee must provide a final drainage study prepared by a California State Registered Civil Engineer. The 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 Ventura County Technical Guidance Manual for Stormwater Quality Measures.

B-7 Permittee must incorporate stormwater 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. For projects of 10 acres or more of developable area, the unit volume method must be used. Detention facilities must be privately maintained by the property owner(s) or homeowner(s) association.
*B-8 Before the City Engineer issues a grading permit, Permittee must prepare a Storm Water Pollution Prevention Plan (SWPPP) and must incorporate permanent stormwater quality treatment devices into the site improvements for review and approval by the City Engineer. The SWPPP must be prepared and implemented to comply with:
a. State Water Resources Control Board Order No. 2009- 0009-DWQ, Order No. CAS000002, “National Pollution Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities”. 313
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b. California Regional Water Quality Control Board, Los Angeles Region, Order No. R4- 2010-0108, NPDES Permit No. CAS004002 “Waste Discharge Requirements for Storm Water (Wet Weather) and Non- Storm (Dry Weather) Discharges from Municipal Separate Storm Sewer Systems within Ventura County Watershed Protection District, County of Ventura and the Incorporated Cities Therein” for a SWPPP. A Notice of Intent (NOI) shall be submitted to the Los Angeles Regional State Water Resources Control Board to comply with the General Permit No.

CAS004002.

c. A Notice of Intent (NOI) shall be submitted to the Los Angeles Regional State Water Resources Control Board to comply with General Permit No. 2009-0009-DWQ.

Permittee must identify pollutant sources and must include the design and recommended construction, implementation, and maintenance measures to eliminate or reduce the discharges of pollutants from the project site into the public storm drain system during and after the construction period. *B-9 Before o ccupancy, Permittee must submit to the City Engineer for review, and shall execute and record upon approval, a Deed Restriction Covenant and an Agreement regarding Storm Drains, Stormwater Detention, and Stormwater Treatment Device Maintenance (“Stormwater Agreement”).

The Agreement must be consistent with the current Technical Guidance Manual for Stormwater Quality Control Measures of the Ventura County Stormwater Quality Management Program.

Traffic
*B-10 Permittee must design and construct any landscaping to incorporate and provide for the minimum safe vehicle/driver sight distances within circulating roadways, restricting the height of any planting material to 30 inches or less within the driver's sight distance area.
*B-11 Permittee must design and construct all on-site traffic circulation elements and traffic control devices (e.g. pavement delineation, signage) in accordance with the California Manual on Uniform Traffic Control Devices, latest edition.
*B-12 Permittee must pay the Traffic Impact Fee specified in the City of Simi Valley Schedule of Service Charges in effect at the time of payment, as stated in the current Traffic Impact Fee Resolution. The total fee is based on daily vehicle trip ends, with the project forecast to generate 118 daily trip ends.

Transit
B- 13 Permittee must inform the Transit Division at least 72 hours before the start of construction at the project location.

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Waterworks District 8
B- 14 Permittee must design all public water facilities to comply with the Rules and Regulations of the District, per Resolution No. WWD-2, and the Water Design and Construction Standards Manual adopted by the Board of Directors of District on July 26, 2021, and subsequent revisions.

B- 15 Permittee must include language in the CC&R documenting that the on-site fire line is privately owned and maintained by the property owners, before final approval of tract or parcel map. Permittee must provide an approved copy to the Director of Public Works or designee.

B- 16 Permittee must apply for, and obtain, a Water Will -Serve Letter from the Director of Public Works or designee.

B- 17 Before issuance of a Water Will-Serve Letter, Permittee must submit Water Improvement Plans to the Public Works Director or designee for review and approval. The Water Improvement Plans must show the domestic, irrigation, fire line connections, and backflow prevention assemblies.

B- 18 Permittee must submit to the Ventura County Fire Protection District (VCFPD) to review and approve the locations of existing and proposed fire hydrants on the Water Improvement Plans before approval by the Public Works Director or designee.

B- 19 Permittee must locate backflow prevention assemblies on private property as close as practical to the meter, but no further than ten (10) feet from the public-right-of way or District’s easement.

B- 20 Before issuance of a Water Will -Serve Letter, Permittee must submit a Water Supply Fixture Unit (WSFU) count in accordance with the latest version of the California Plumbing Code to the Director of Public Works or designee.

B- 21 Before issuance of a Water Will -Serve Letter, Permittee must submit form VCFPD FORM 625 with authorized signatures from VCFPD and the District.

B- 22 Before issuance of a Water Will-Serve Letter, Permittee must pay the capital improvement charge for water service to the City Engineer. Actual fees will be determined at the time of payment.

B- 23 Before installation of landscaping or issuance of a Certificate of Occupancy (COO), whichever comes first, Permittee must p urchase and install the domestic and irrigation water meters.

Sanitation
B-24 Permittee must submit a utility plan and obtain approval from the Public Works Director or designee, showing the proposed sewer connecting to the sewer manhole at the west terminus on Cochran Street, designed per the Manual and Standard Plans for the Design and Construction of Sanitary 315
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Sewerage Facilities adopted by the City Council of the City of Simi Valley on August 28, 2006, and subsequent revisions.

B-25 Before issuance of a building permit, Permittee must apply for and obtain Sewer Will-Serve Letter from the City Engineer.

B-26 Before issuance of the Sewer Will -Serve Letter, Permittee must pay the sewer connection fees and all applicable fees for a Full -Service restaurant based on the number of seats to the City Engineer. Credits may apply and actual fees will be determined at the time of payment.

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 City of Simi Valley Landscape Design Guidelines; b. Comply with the conceptual landscape plan as approved by the Planning Commission;
c. 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 latest adopted version of the California State Model Water Efficient Landscape Ordinance;
d. Comply with the approved site plan and Public Works grading and improvement plans;
e. Include an agronomic soils report as specified in the latest adopted version of the California State Model Water Efficient Landscape Ordinance. The soils report must be based on soil conditions after the establishment of final grades, and final landscape plans must incorporate the report recommendations;
f. Include a Water Efficient Landscape Worksheet with each submittal of landscape and irrigation plans;
g. Show all protected trees pursuant to § 9-38.050 of the SVMC; h. 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;
i. 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 316
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the California Invasive Plant Council (Cal -IPC) Invasive Plant Inventory; and
j. Clearly identify required temporary landscape-related improvements and irrigation (e.g., for erosion control), separately from permanent systems.

C-2 All landscaping must be low water use, with drought-tolerant plant materials irrigated by a low-precipitation or drip-irrigation system. Materials must be from the Water Use Classification of Landscape Species (WUCOLS) Low Water-Using Plant List, and the irrigation system will utilize in -ground moisture sensors, which are connected to the automatic controller governing the rate and frequency of irrigation.

C-3 Before the issuance of 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 must not remove any of the mature trees before the commencement of any grading.

C-4 Permittee must protect and preserve all protected trees on the site from the date of this approval until final inspection or 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 the permit, Permittee must mitigate the loss of all protected trees, relocated trees, and trees identified on the Final Landscape Plan, pursuant to Title 9, Chapter 38, of the SVMC and the City’s Landscape Design Guidelines.

C-6 Before the Building Official issues a Certificate of Occupancy or a Final Inspection request, whichever comes first, Permittee must:
a. Install all landscaping 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.
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C-7 For the lifetime of this permit, Permittee must maintain landscaping in compliance with the following standards:
a. All tree pruning must conform to the 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 CONDITIONS:

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 9, 2024 (Exhibit C), which is incorporated by reference.

END OF ALL CONDITIONS
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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 Environmental Services Director or designee in its approval of CUP -S-2023-0011. 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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RES. NO. SVPC 03-2025

EXHIBIT C
CASE NO.: CUP-S-2023-0011
APPLICANT: CoolIt Rentals

19 CUPS20230011 PC Staff Report Continued (mg)

Fire Prevention Bureau
2400 Conejo Spectrum St. Thousand
Oaks, CA 91320
Office (805) 389-9738
[email protected]

MEMORANDUM

DATE: October 10, 2024
TO: Zarui Chaparyan, Associate Planner
FROM: Alan Dearden, Senior Fire Inspector
PROJECT NUMBER: CUP-S-2023-0011
FIRE DEPT. RECORD: FPLN23-00332
APPLICANT: Alan Grofsky
LOCATION: 861 E. Cochran St.

DESCRIPTION: New 24,290sf. Industrial Building

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

Fire Department Clearance - Applicant shall submit VCF D Form #610, Fire Permit Application, prior to obtaining a building permit for any new structures.

Fire-Flow (Commercial, Industrial, Multi -family buildings) - The minimum fire -flow required shall be determined as specified by the current adopted edition of the California Fire Code Appendix B with adopted Amendments and the applicable Waterworks Manual for the jurisdiction (whichever is more restrictive). The applicant shall verify that the water purveyor can provide the required fire flow, of 1,000 gallons per minute at 20 psi for a minimum 3-hour duration, prior to obtaining a building permit by having them fill out VCFD Form #625, Fire-Flow Verification.

Private Roads/Driveways - Private roads and driveways shall comply with Public Road Standards, VCFPD Ordinance 29, and VCFPD Standard 501.

Aerial Apparatus Access - Private roads shall comply with Public Road Standards.

Multi-Family, Commercial, or Industrial Buildings or portions of buildings or facilities exceeding 30-feet in height above the lowest level of fire department access shall require an approved aerial ladder fire apparatus access road. The highest roof surface shall be determined by measurement to the eave of a pitched roof, the intersection of the roof to the exterior wall, or the top of parapet walls, whichever is greater. One aerial apparatus access road shall be provided per 50,000 square feet of building area. Aerial apparatus access roads shall have a minimum unobstructed width of 30 feet, exclusive of shoulders.

Required aerial apparatus access roads shall be located within a minimum of 15 feet and 320
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a maximum of 30 feet from the building. Aerial apparatus access roads shall be positioned such that they are parallel to the entire side of the building. The side of the building on which the aerial fire apparatus access road is positioned shall be along the longest side of the building, unless otherwise approved by the fire code official. Parking shall be prohibited along the required width of the access roads. Overhead utility and power lines shall not be located within the aerial ladder fire apparatus access roads. Landscaping and other improvements between the required access and the buildings shall not interfere with aerial ladder fire apparatus operations, as approved by the fire district.

Access Road and Private Roads Width - Private roads shall comply with Public Road Standards. Minimum access road width of 24 feet shall be required with no on- street parking permitted.

Turning Radius - The access road shall be of sufficient width to allow for a 40- foot centerline turning radius at all turns in the road.

Road Surface Construction and Grade Limitations - Fire apparatus access roads serving commercial and industrial occupancies shall have a structural cross section and surface complying with the public road standards for the jurisdiction in which the project is located and grades shall not exceed 10%.

Vertical Curve - The vertical curve of a fire apparatus access road serving commercial and industrial occupancies shall not allow for transitions between grades that exceed 6% elevation change along any 10- foot section. These transitions shall include angle of approach, angle of departure, and high centering of fire apparatus.

Vertical Clearance - All access roads/driveways shall have a minimum vertical clearance of 13 feet 6 inches (13' 6"). Clear of building to sky.

Dead-end Roads and Secondary Access. The maximum length of dead-end roads shall not exceed 800 feet. Two means of ingress/egress shall be provided in accordance with VCFPD access standards.

Secondary Access - When secondary access is required, the width, grade, vertical and horizontal curves, and construction standards shall be the same as required for the primary access road. The minimum separation of primary and secondary access roads in areas determined non- hazardous fire areas shall be 300 feet. Separation shall be measured at the point which each road terminates at a location where a vehicle operator can choose two independent directions in which to travel.

Access Covenant - A covenant and deed restriction upon parcels 615-00172-345, 615- 0-172-335, and the common areas of 615-53 shall be recorded and a copy of the recorded document shall be provided to the Fire District within (7) days of recordation. This covenant shall require upon the sale of any of these parcels, a reciprocal access easement be recorded on all parcels who share the access road. A covenant shall be placed upon multiple parcels served by the same fire apparatus access roads that are under the same ownership. This easement shall allow for an access road meeting all 321
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Ventura County Fire Protection District access standards and shall be approved by the Ventura County Fire Protection District prior to recordation.

Access Road Gates - Any gates to control vehicle access are to be located to allow a vehicle waiting for entrance to be completely off the intersecting roadway. A minimum clear open width of 15-feet in each direction shall be provided for separate entry/exit gates and a minimum 20- feet for combined entry/exit gates. If gates are to be l ocked, a Knox system shall be installed. The method of gate control, including operation during power failure (battery back-up), shall be subject to review by the Fire Prevention Division. Gate plan details shall be submitted to the Fire District for approval prior to installation. A final acceptance inspection by the Fire District is required prior to placing any gate into service.

Fire Lanes - Prior to construction the applicant shall submit two (2) site plans to the Fire District for approval of the location of fire lanes. Prior to occupancy, all fire lanes shall be posted “NO PARKING -FIRE LANE-TOW AWAY” in accordance with California Vehicle Code, the California Fire Code and current VCFPD Fire Lane Standards. All signs and or Fire Lane markings shall be within recorded access easements.

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

Fire Hydrant Design (Commercial, Industrial, Multi-family buildings) - Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Ventura County Waterworks Manual and the following. • Each hydrant shall be a 6- inch wet barrel design and shall have one 4- inch and two 2 ½-inch outlets.
• The required fire flow shall be achieved at no less than 20-psi residual pressure. • Fire hydrants shall be set back from the curb face 24 inches on center. • No obstructions, including walls, trees, lights, signposts, and meters shall be placed within three feet of any hydrant.
• A concrete pad shall be installed extending 18 inches in all directions from the fire hydrant.
• Ground clearance to the lowest operating nut shall be between 18 to 24 inches.

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

Fire Sprinklers - All structures shall be provided with an automatic fire sprinkler system in accordance with California Building Code and California Fire Code requirements, and 322
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current Ventura County Fire Ordinance at time of building permit application. For buildings of undetermined use with a ceiling height of over 20 feet, the system shall be designed as Extra Hazard Group 1, with a density of 0.33 square feet and a minimum design area of 3,000 square feet.

Water System Plans - Plans for water systems supplying fire hydrants and/or fire sprinkler systems and not located within a water purveyor’s easement, shall be submitted to the Fire District for review and approval prior to issuance of grading and/or building permits or signing of grading plans, whichever is first. Plans shall reflect only dedicated private fire service lines and associated appurtenances. Plans shall be designed and submitted in accordance with VCFPD Standards.

Fire Alarm System - A fire alarm system shall be installed in all buildings in accordance with the California Building Code and California Fire Code requirements.

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

Fire Code Permits - Applicant and/or tenant shall obtain all applicable Operational Fire Code Permits prior to occupancy or use of any system or item requiring an operat ional permit in accordance with Section 105 of the California Fire Code.

Emergency Lighting and Exit Signs - Emergency lighting and exit signage shall be installed in all buildings in accordance with the California Building Code and California Fire Code requirements.

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

Trash Dumpster Locations - Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within 5 feet of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic fire sprinklers.

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

In the event a structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance on an elevated post. Individual unit numbers shall be a minimum of 4-inches in height and shall be posted at the front and rear entrance to each unit . Additional address directional signs may be required at common building entrances and stairways.
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Conditional Use Permit (SVMC § 9-52.070)

G. Findings and decision. Following a public hearing, the applicable review authority may approve, conditionally approve, or disapprove an application for a Conditional Use Permit and shall record the decision and the findings upon which the decision is based. The review authority may approve a Conditional Use Permit only after first finding that:

1. The proposed use is allowed with a Conditional Use Permit within the applicable zoning district or with an Administrative Use Permit as identified in Subsection E (Administrative Use Permits), above, and complies with all applicable provisions of this Development Code;

2. The proposed use is consistent with the purpose, intent, goals, policies, programs, and land use designations of the General Plan and any appli cable specific plan;

3. The proposed site plan and design would ensure consistency with applicable design guidelines;

4. The design, location, operating characteristics, and size of the proposed use would be compatible with the existing and future land uses in the vicinity, in terms of aesthetics, character, scale and view protection; and

5. The proper standards and conditions have been imposed which protect the public safety, health, and welfare.
(§ 5, Ord. 1085, eff. January 6, 2006, as amended by Exh. A, Ord. 1147, eff. August 20, 2009; § 2 (Exh. A), Ord. No. 1183, eff. March 15, 2012; § 2 (Exh. A), Ord. No. 1322, eff. July 8, 2021 and § 2(Exh. A), Ord. No. 1327, eff. November 11, 2021)

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16224.4:11435576.1

9401 Wilshire Blvd., 12th Floor
Beverly Hills, CA 90212-2974
[email protected]
PH: 310.281.6320
FX: 310.859.2325
File: 16224.4
January 14, 2025

VIA E-MAIL
Sean Gibson, AICP
Deputy Environmental Services Director/City
Planner
Department of Environmental Services
City of Simi Valley
E-Mail: [email protected]

Re: Easement on Parcel C for the benefit of Parcel 1 (Cochran Properties)

Dear Mr. Gibson:

This firm represents Cochran Properties and I am writing on its behalf. As requested in your email of December 19, 2024, this letter provides our firm’s analysis of the rights of the owner of Parcel 1, which currently is Cochran Properties , under a recorded easement over Parcel C (the “Easement”). The Easement originally was granted under an Easement and Agreement of Covenants, Conditions and Restrictions recorded on April 12, 1988 (“Easement Agreement”) as follows:
“Grantor hereby grants, to a nd for the benefit of the Leased Land [Parcel 1], and each and every present or future owner of any interest in the Leased Land, including but not limited to Grantee and each of their respective tenants, subtenants and invitees, a perpetual non -exclusive easement for roadway purposes and for pedestrian and vehicular access, ingress, egress, use and enjoyment, together with all necessary rights and support and slope easements incidental thereto, in, to, over, upon, across and thro ugh that portion of the Undeveloped Land described on Exhibit C (“Access Easement”).

Cochran Properties purchased Parcel 1 from the Simi Valley Unified School District (the “School District”) on November 6, 2017, at which time the School District also owned Parcel C. As part of that purchase, the School District and Cochran Properties recorded a First Amendment to the Easement Agreement, which provides in Paragraph 3(c):
“Notwithstanding anything in the Easement Agreement or this First Amendment, including, without limitation, Paragraph 1 of this First Amendment, to the contrary, Grantee shall have the following rights, for the benefit of Parcel 1 and all future owners of Parcel 1, with respect to the use of the Access Easement: (a) to maintain landscaping and related irrigation devices on the western side of the Access Easement adjacent to Parcel 1 to the extent originally required by the City of Simi 325

Sean Gibson
January 14, 2025