Title 9 — DEVELOPMENT CODE Simi Valley Municipal Code

Source: library.municode.com (print export)

Title 9 - DEVELOPMENT CODE Simi Valley Municipal Code

Chapter 9-4 - Environmental Quality

The Council hereby declares that:

A.

The preservation and enhancement of the environment in the City is the responsibility of every citizen in the City;

B.

All agencies of the City government which regulate private and public projects which may have an effect on the quality of the environment shall regulate such projects so that consideration is given to preventing environmental damages;

C.

An environmental impact report is an informational document which can inform the public decision-makers and the general public of the environmental effects of projects they propose to carry out or approve; and

D.

The early preparation of an environmental impact report is a useful planning tool to enable environmental constraints and opportunities to be considered before project plans are finalized.

(§ 5, Ord. 148)

Prior to the authorization, issuance, or approval of any lease, permit, license, variance, certificate, or tentative tract map, or the authorizing or granting of any other entitlement by the City, or the carrying out of any private project undertaken by the City alone or in conjunction with other public agencies, the provisions of any guidelines or procedures established by the Council for the evaluation of the environmental impact of projects, the preparation of environmental impact reports, and for making findings of exemption shall be met.

(§ 4, Ord. 148)

9-4.030 - Criteria and procedures—Use of—Authority.

A.

In order to implement the requirements of the laws pertaining to environmental quality, authority must be delegated to the appropriate bodies, agencies, and individuals to make certain findings and determinations.

B.

There is hereby delegated to the General Services Director, Planning Director, Director of Public Services, Street Superintendent, Building Director, and Chief of Police, and their staffs, the authority to make findings of exemption from the requirements of the California Environmental Quality Act of 1970, as amended, and as set forth in Sections 21000 through 21174 of the Public Resources Code of the State and the "Guidelines for Implementation of the California Environmental Quality Act of 1970", as adopted and thereafter amended and filed by the California Resources Agency as Chapter 3 of Division 6 of Title 14 of the California Administrative Code, according to the criteria and procedures established by the Council for making such determinations for subjects within their jurisdiction as authorized by the provisions of this chapter.

C.

There is also hereby delegated to the Planning Director and his staff the authority for evaluating projects for their effect on the environment, the authority for making findings as to whether projects may have a significant effect on the environment, the authority to prepare negative declarations when justified, and the authority to prepare, or cause to be prepared, by consultants approved by the Council, environmental impact reports according to the criteria and procedures established by the Council for subjects within his jurisdiction as authorized by the provisions of this chapter.

D.

There is also hereby delegated to the Planning Commission the authority to conduct public hearings on environmental impact reports, both for projects which are within its jurisdiction to consider pursuant to the provisions of this Code and for projects which are within the jurisdiction of the Planning Director to approve or disapprove.

(§ 6, Ord. 148)

In order to implement the requirements of the City's Guidelines and Procedures for Evaluating the Environmental Impact of Projects, Preparation of Environmental Impact Reports, and Making Findings of Exemptions, adopted March 26, 1973, it is necessary that a standard form of agreement be adopted for the purpose of accomplishing the preparation of environmental impact reports by consultants selected by the City, and it is also necessary, in the interests of expediting the work to be performed, that authority be delegated to the Planning Director to execute such agreements.

(§ 2, Ord. 157)

The form of agreement entitled "Agreement for Preparation of Environmental Impact Report, 5-73", a full copy of which shall be and remain on file in the Department of Environmental Affairs, is hereby approved as the standard form to be used for obtaining the services of consultants.

(§ 3, Ord. 157)

There is hereby delegated to the Planning Director the authority to execute on behalf of the City the standard form of agreement approved by the provisions of Section 9-4.05 of this chapter. The agreement shall only be executed with consultants previously approved by the Council. The Planning Director shall use the following standards, in the order set forth, for the selection of consultants to prepare environmental impact reports on given projects:

A.

Consideration shall first be given as to whether any built-in bias or prejudicial influences could act upon the consultant by reason of the consultant's performing similar services for the same developer privately and at the same time as the proposed service or by reason of other connections with the developer which could act as a prejudicial influence on the consultant in favor of the developer.

B.

Consideration shall next be given as to whether there is a need on a specific project for the expertise held by one consultant which the other consultants do not possess.

C.

Consideration shall next be given to the availability of consultants to commence the work at the time requested and within the time limitations required.

D.

If the considerations set forth in subsections (a), (b), and (c) of this section disclose that more than one consultant is available, consultants shall be selected on a uniformly rotational basis.

(§ 4, Ord. 157)

If the developer is dissatisfied with the estimated cost submitted for the work to be performed under the agreement executed pursuant to the provisions of Section 9-4.06 of this chapter, the developer shall have the right to appeal such estimated cost directly to the Council in accordance with the appeal procedures set forth in the zoning provisions (see Chapter 1 of this title) prior to being required to deposit any money and prior to the execution of the contract.

(§ 5, Ord. 157)

Chapter 9-5 - Urban Area Development

It is the intent of this chapter not to conflict with or to have any effect whatsoever on street dedications and improvement obligations required of developers pursuant to the Subdivision Map Act and ordinances enacted pursuant thereto or on matters processed by the Board of Zoning Adjustment.

(§ 8400-9, S.V.M.C.)

For the purposes of this chapter, property shall be considered to be in an urban area where:

A.

A substantial number of parcels of improved real property within 3,000 feet of the property and abutting upon the same street already have curbs, sidewalks, or gutters. For the purposes of this subsection, twenty-five (25%) percent or more shall be considered a substantial number; or

B.

Where it is reasonably contemplated that in the area of which the particular piece of property is a part, within five (5) years from the date of the application for the building permit it will become customary or necessary for the public welfare and safety to have sidewalks, curbs, and gutters.

The Council may, from time to time by resolution, declare which areas of the City are urban areas within the standards set forth in this section. The provisions of Sections 9-5.01 through 9-5.10, and 9-5.12 of this chapter shall, ten (10) days after such declaration, apply to such urban areas.

(§ 8400-2, S.V.M.C.)

Except as otherwise provided in this chapter, every owner, lessee, or other person constructing or substantially modifying, or causing to be constructed or substantially modified, any building, structure, or off-street parking facility in the City in any area designated by resolution of the Council to be an urban area, as set forth in Section 9-5.02 of this chapter, shall also provide for the construction of curbs, gutters, sidewalks, drainage facilities, and street paving. Such improvements shall be made, in accordance with City standard specifications and design, for all public street frontage adjoining the property upon which the construction is to be done, unless curbs, gutters, sidewalks, and paving, constructed and located in accordance with the City standards and design, already exist.

For the purposes of this section, a modification shall be considered substantial where the total cost of such modification is in excess of Three Thousand and no/100ths ($3,000.00) Dollars as established by the Building Director for building permit fee purposes.

(§§ 8400, 8400-1, and 8400-1.2, S.V.M.C.)

For residential dwellings containing three (3) or fewer units, the provisions of Section 9-5.03 of this chapter shall apply to new construction only and shall not apply to modifications of any kind.

(§ 8400-1.1, S.V.M.C.)

Any required street or road improvement plans shall be referred to the Building Director for approval. Such plans shall be accompanied by an estimate of the cost of construction to be used as a basis for the amount of improvement security for an agreement to construct, or to be used as a basis for the amount of a cash deposit in lieu of construction. Approval of the plans shall also be subject to the plan checking, permit, and inspection fees imposed by the Department of Public Services.

(§ 8400-1.3, S.V.M.C.)

Any encroachment within the City right-of-way shall be handled in accordance with the provisions of Chapter 1 of Title 7 of this Code.

(§ 8400-1.4, S.V.M.C.)

Upon the written request of any person who must conform with the requirements of Section 9-5.03 of this chapter, and within ninety (90) days after such request, the Building Director shall establish a street line and grade for the public street frontage adjacent to the property upon which the construction is to take place.

(§ 8400-3, S.V.M.C.)

In lieu of the construction of the required curbs, gutters, sidewalks, drainage facilities, and street paving, the owner, lessee, or other person shall, if the Building Director finds that deferring such improvement is in the public interest, post with the City a sufficient bond, cash deposit, or other security, approved as to amount and form by the Building Director, to guarantee the installation of such improvements within such period as the Building Director shall specify. If the amount required is less than Five Hundred and no/100ths ($500.00) Dollars, a cash deposit shall be made.

(§ 8400-4, S.V.M.C.)

Upon the application of any interested person, the Building Director may waive the construction of the sidewalks, curbs, gutters, drainage facilities, and street paving required by the provisions of this chapter where the public health, safety, and welfare will not be adversely affected, taking into consideration the contour of the ground, the relation of the adjacent property to the street elevation, the use made of the property in the area, and the convenience of the public.

(§ 8400-5, S.V.M.C.)

The Building Director shall not conduct a final inspection of any building, structure, or other facility, and shall withhold the approval of public utility connections thereto, unless the curbs, gutters, sidewalks, drainage facilities, and street paving required by the provisions of this chapter have been completed, or, when permitted, a bond, cash deposit, or other security to guarantee such construction has been posted with the City and approved by the Building Director, unless such requirements have been waived in accordance with the provisions of Section 9-5.09 of this chapter.

(§ 8400-6, S.V.M.C.)

Prior to the issuance of any building permit or other permit for the improvement or use of property adjoining a public street, where it is reasonably contemplated by the Building Director that the proposed improvement or use of the property will cause an increase in vehicular or pedestrian traffic so as to make necessary a widening of the existing City right-of-way for the protection of the public safety and welfare, there shall be dedicated to the City that part of such property sufficient to bring such public street to the width line established therefor. In the event existing buildings or other structures are located within the

right-of-way to be dedicated, the City shall compensate the owner for the costs of removing and relocating the improvements or structures to the remaining property or may permit such encroachments to remain.

(§ 8400-7, S.V.M.C.)

Interested persons shall have the right to appeal to the Council in accordance with the provisions of Chapter 4 of Title 1 of this Code from determinations made by the Building Director pursuant to the provisions of this chapter.

(§ 8400-8, S.V.M.C.)

Article 1 - Purpose and Applicability of Development Code Chapter 9-10 - Purpose and Applicability of Development Code*

Title 9 of the Simi Valley Municipal Code is to be cited as the Simi Valley Development Code, hereafter referred to as "this Development Code."

(§ 5, Ord. 1085, eff. January 6, 2006)

The Development Code carries out the policies of the City of Simi Valley General Plan by classifying and regulating the uses of land and structures within the City of Simi Valley. This Development Code is adopted to protect and to promote the public health, safety, and general welfare of residents and businesses in the City. More specifically, the purposes of this Development Code are to:

A.

Implement the General Plan by encouraging the uses of land designated by the General Plan;

B.

Provide standards for the orderly growth and development of the City that will assist in protecting the community identity of Simi Valley;

C.

Conserve and protect the City's historic resources;

D.

Create a comprehensive and stable pattern of land uses upon which to plan transportation, water supply, sewerage and other public facilities and utilities;

E.

Minimize automobile congestion by encouraging a range of commercial land uses and pedestrian-oriented development, safe and effective traffic circulation, and adequate off-street parking facilities;

F.

Ensure compatibility between open space, agricultural, residential, commercial, and industrial land uses and their development; and

G.

Protect the City's hillsides through the implementation of the Hillside Performance Standards and those provisions of the General Plan relating to preservation of hillsides.

(§ 5, Ord. 1085, eff. January 6, 2006)

9-10.030 - Authority and Relationship to the General Plan

A.

Development Code Authority. This Development Code 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 66410 et seq.); California Environmental Quality Act (Public Resources Code Sections 21000 et seq.); and the California Health and Safety Code.

B.

Development Code Relationship to General Plan. This Development Code is the primary tool used by the City of Simi Valley to carry out the goals and policies of the Simi Valley General Plan. The Simi Valley City Council intends that this Development Code be consistent with the Simi Valley General Plan, and that any

land use, subdivision, or development approved in compliance with this Development Code will also be consistent with the Simi Valley General Plan.

(§ 5, Ord. 1085, eff. January 6, 2006)

This Development Code applies to all land uses, subdivisions, and development within the City of Simi Valley.

A.

New land uses or structures, changes to land uses or structures. It shall be unlawful, and a violation of this Development Code, for any person to establish, construct, reconstruct, alter, or replace any use of land or structure, except in compliance with the requirements of Section 9-22.020 (General Requirements for Development and New Land Uses), Chapter 9-72 (Nonconforming Uses, Structures, and Parcels) and applicable zoning district standards.

B.

Issuance of building or grading permits. Building or grading permits may be issued only when the proposed land use and/or structure satisfy the requirements of Subsection A above, when the City Engineer determines that the site is in compliance with all applicable requirements of the subdivision regulations of this Development Code, and when proposed grading is in compliance with all applicable requirements of Title 8 of the Municipal Code.

C.

Subdivision of land. Any subdivision of land proposed within the City of Simi Valley after the effective date of this Development Code shall comply with the minimum lot size requirements of Article 2 (Zoning Districts and Allowable Land Uses), the subdivision standards, and all other applicable requirements of this Development Code.

D.

Continuation of an existing land use. An existing land use is lawful and not in violation of the Simi Valley Development Code only when operated and maintained in compliance with all applicable provisions of this Development Code or, where applicable, Chapter 9-72 (Nonconforming Uses, Structures, and Parcels). However, the requirements of this Development Code are not retroactive in their effect on a land use that was lawfully established before the effective date of this Development Code or any applicable amendment.

E.

Effect of Development Code amendments on projects in progress. A land use permit application that has been accepted by the Department as complete prior to the effective date of this Development Code or any amendment shall be processed in compliance with the requirements in effect when the application was accepted as complete.

F.

Other permits. Nothing in this Development Code eliminates the need for obtaining any other permits required by the City, or any permit, approval or entitlement required by other provisions of the Municipal Code or the regulations of any City department, County, regional, State, or Federal agency.

G.

Conflicting permits and licenses to be void. All permits or licenses issued by the City shall be in compliance with the provisions of this Development Code. Any permit or license issued which conflicts with this Development Code shall be void.

(§ 5, Ord. 1085, eff. January 6, 2006)

If any article, section, subsection, paragraph, subparagraph, sentence, clause, phrase or portion of this Development Code is for any reason held to be invalid, unconstitutional, unlawful or unenforceable, these decisions shall not affect the validity of the remaining portions of this Development Code. The Simi Valley City Council hereby declares that this Development Code and each article, chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase and portion thereof would have been adopted irrespective of the fact that one or more portions of this Development Code may be declared invalid, unconstitutional or unenforceable. The City shall not enforce portions of the Code that are invalid, unconstitutional or unlawful.

(§ 5, Ord. 1085, eff. January 6, 2006)

Chapter 9-12 - Interpretation of Code Provisions*

This Chapter provides rules for resolving questions about the meaning or applicability of any part of this Development Code. The provisions of this Chapter are intended to ensure the consistent interpretation and application of the provisions of this Development Code and the General Plan.

(§ 5, Ord. 1085, eff. January 6, 2006)

9-12.020 - Rules of Interpretation

A.

Authority. Unless otherwise stated in this Development Code, the Environmental Services Director is assigned the responsibility and authority to interpret the requirements of this Development Code.

B.

Language.

1.

Abbreviated titles and phrases. For the purpose of brevity, the following phrases, personnel and document titles are shortened hereafter in this Development Code. The City of Simi Valley is referred to hereafter as

the "City." The City of Simi Valley Development Code is referred to hereafter as "this Development Code." The Environmental Services Department is referred to hereafter as the "Department"; the Environmental Services Director is referred to hereafter as "Director"; the City Council is referred to as the "Council"; the Planning Commission is referred to as the "Commission"; and "buildings and structures" are referred to hereafter as "structures."

2.

Terminology. When used in this Development Code, the words "shall," "must," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended; and "may" is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the sentence indicates otherwise. Words in the masculine gender include the feminine, and the feminine the masculine.

3.

Rounding of quantities. Whenever an application of this Development Code results in required parking spaces or other standards being expressed in fractions of whole numbers, the fractions shall be rounded to the next higher whole number, except that:

a.

Calculations for the number of permitted animals shall comply with Section 9-44.060 (Animal Keeping); and

b.

Quantities expressing dwelling units per acre shall be rounded down to the next lower whole number.

4.

Number of days. Whenever a number of days is specified in this Development Code, or in any permit, condition of approval, or notice issued or given as provided in this Development Code, the number of days shall be construed as calendar days.

5.

Minimum requirements. When interpreting and applying the regulations of this Development Code, all provisions shall be considered to be minimum requirements, unless stated otherwise.

6.

State law requirements. Where this Development Code references applicable provisions of State law (e.g., the California Government Code, Subdivision Map Act, Public Resources Code, etc.), the reference shall be construed to be to the applicable State law provisions as they may be amended from time to time.

C.

Zoning Map boundaries. See Section 9-20.030(B) (Zoning Map).

D.

Allowable uses of land. See Section 9-22.030(A) (Allowable Land Uses).

E.

Conflicting requirements.

1.

Development Code and Municipal Code provisions. If conflicts occur between requirements of this Development Code, or between this Development Code and other regulations of the City, the most restrictive shall apply.

2.

Development Agreements or Specific Plans. When conflicts occur between the requirements of this Development Code and standards adopted as part of any Development Agreement or Specific Plan, the requirements of the Development Agreement or Specific Plan shall apply.

3.

Private agreements. This Development Code applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than a private agreement (not including Development Agreements or Specific Plans) or restriction, without affecting the applicability of any agreement or restriction. The City shall not enforce any private conditions, covenants, restrictions (CC&Rs), homeowner's association regulations, or agreement unless it is a party to the covenant or agreement.

(§ 5, Ord. 1085, eff. January 6, 2006)

Whenever the Director determines that the meaning or applicability of any of the requirements of this Development Code are subject to interpretation generally or as applied to a specific case, the Director may issue an official interpretation. Interpretations may also be requested in compliance with this Section.

A.

Request for interpretation. A request shall be written, specifically state the provisions in question, and provide information to assist in the review.

B.

Record of interpretations. Any provision of this Development Code that is determined by the Director to need refinement or revision should be corrected by amending this Development Code as soon as is practical. Until amendment can occur, the Director will maintain a complete record of all official interpretations, available for public review, and indexed by the number of the Section that is the subject of the interpretation. Official interpretations shall be:

1.

In writing, and shall quote the provisions of this Development Code being interpreted, and explain their meaning or applicability in the particular or general circumstances that caused the need for interpretation; and

2.

Distributed to the Council, Commission, and all Department Directors.

C.

Appeals and referral. An interpretation of this Development Code by the Director may be appealed to the Commission when in compliance with Chapter 9-76 (Appeals). The Director may also refer any interpretation to the Commission for a determination.

(§ 5, Ord. 1085, eff. January 6, 2006)

Article 2 - Zoning Districts, Allowable Land Uses, and Zone-Specific Standards Chapter 9-20 - Zoning Map

This Chapter establishes the zoning districts applied to property within the City, determines how the zoning districts are applied on the Zoning Map, and establishes general permit requirements for development and new land uses.

(§ 5, Ord. 1085, eff. January 6, 2006)

The City of Simi Valley shall be divided into zoning districts that implement the City of Simi Valley General Plan. The zoning districts shown in Table 2-1 are hereby established, and shall be shown on the Official Zoning Map.

(§ 5, Ord. 1085, eff. January 6, 2006)

The Council hereby adopts the City of Simi Valley Zoning Map (hereafter referred to as the "Zoning Map"), which is on file with the Department. The Zoning Map is hereby incorporated into this Zoning Ordinance by reference as though it were fully included here. The boundaries of the zoning districts established by Section 9-20.020 shall be shown upon the Zoning Map.

A.

Map amendments. Amendments to the Zoning Map shall follow the process established in Chapter 9-73 (Amendments).

B.

Zoning Map boundaries. The following rules shall apply in determining the boundaries or classification of any zoning district shown on the Zoning Map.

1.

Where zoning district boundaries approximately follow street or alley lines, the centerline of the streets or alleys shall be construed as the boundaries; otherwise the boundaries shall be determined by using the scale appearing on the Zoning Map unless specifically indicated by dimensions.

2.

If a zoning district boundary divides or splits a parcel, the entire parcel shall be deemed to be included within the zoning district that is the most restrictive, unless the parcel is subdivided to allow for development under the appropriate zoning district for each parcel.

3.

Where a public street or alley is officially vacated or abandoned, the property that was formerly in the street or alley will be included within the zoning district of the adjoining property on either side of the centerline of the vacated or abandoned street or alley.

4.

A symbol indicating the classification of property on the Zoning Map shall apply in each instance to the whole of the area within the district boundaries.

Where uncertainty of zoning district boundaries still exists, the Commission, by written resolution, shall recommend the location of any zone boundary or setback line to the Council for its action and final decision.

TABLE 2-1 - ZONING DISTRICTS

Notes:

(1) Allowable land uses and development standards are established by the applicable Specific Plan. (§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 2, Ord. 1129, eff. June 5, 2008)

Unincorporated territory adjoining the City may be pre-zoned for the purpose of determining the zoning that will apply to the property in the event of subsequent annexation. The method of accomplishing prezoning shall be as provided for by State law and this Development Code for zoning within the City. The zoning

designations established through prezoning shall become effective at the same time that the annexation becomes effective.

(§ 5, Ord. 1085, eff. January 6, 2006)

The Conditional Zoning Designations identify site-specific design criteria for specific parcels. These parcels are identified on the Zoning Map by the designation of (CZ) after the zoning. A listing of all the Conditional Zoning Designations is attached to the Zoning Maps and identifies each property by the Assessor Parcel Number along with a description of the requirements for that property.

(§ 5, Ord. 1085, eff. January 6, 2006)

Chapter 9-22 - Land Use Permit Requirements

This Chapter describes the general requirements of this Development Code for the approval of proposed development and new land uses by the City.

(§ 5, Ord. 1085, eff. January 6, 2006)

No use of land or structures shall be established, constructed, reconstructed, altered, allowed or replaced unless the use of land or structures complies with the following requirements.

A.

Allowable use. The land use shall be allowed by this Development Code in the zoning district applied to the site. The basis for determining whether a use is allowable is described in Section 9-22.030 (Allowable Land Uses and Permit Requirements).

B.

Permit/approval requirements. Any land use permit or other approval required by this Development Code shall be obtained before the proposed use is inaugurated. See Section 9-22.030 (Allowable Land Uses and Permit Requirements).

C.

Development standards. The use and structures shall comply with all other applicable requirements of this Development Code, including the development standards of this Article for the applicable zoning district, the provisions of Article 3 (Development and Operational Standards), and Article 4 (Standards for Specific Land Uses).

D.

Conditions of approval. The use and structures shall comply with any applicable conditions imposed by any previously granted land use permit.

E.

Legal parcel. The use of land and structures shall only be established on a parcel of land which has been legally created in compliance with the Subdivision Map Act and City subdivision regulations, as applicable at the time the parcel was created.

(§ 5, Ord. 1085, eff. January 6, 2006)

A.

Allowable land uses. The uses of land allowed by this Development Code in each zoning district are identified in Chapters 9-24 through 9-28, together with the type of Land Use Permit required for each use.

1.

Uses not listed. Land uses that are not specifically listed in Chapters 9-24 through 9-28 are not allowed, except as provided in Subsection (A)(2).

2.

Similar uses may be allowed. The Director may determine that a proposed use not listed in Article 2 is allowable if all of the following findings are made:

a.

The characteristics of, and activities associated with, the proposed use are equivalent to those of one or more of the uses listed in the zoning district as allowable, and will not involve a higher level of activity or population density than the uses listed in the zoning district;

b.

The proposed use will meet the purpose or intent of the zoning district that is applied to the site; and

c.

The proposed use will be consistent with the General Plan and any applicable Specific Plan.

3.

Applicable standards and permit requirements. When the Director determines that a proposed, but unlisted, use is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required and what other standards and requirements of this Development Code apply.

Commission determination. The Director may request that the Commission make a determination regarding equivalent uses at a public meeting.

B.

Permit requirements. Tables 2-2 and 2-5 provide for land uses that are:

1.

Permitted "P" subject to compliance with all applicable provisions of this Development Code, subject to first obtaining a Zoning Clearance (Section 9-52.020), and any Building Permit, Planned Development Permit, or other permit required by the Simi Valley Municipal Code; and

2.

Allowed subject to the approval of a Conditional Use Permit "CUP" (Section 9-52.070).

C.

Emergency use situations. The Director may authorize an approval for a special temporary use or a temporary structure where a delay incident to the normal processing of an application would be detrimental to the health, safety, or welfare of the applicant or the general public. An application for an appropriate approval shall be made to the appropriate decision-making authority in the usual manner within 30 days of the emergency use authorization, unless otherwise approved by the Director. Authorizations pursuant to this subsection shall be valid for a period of no more than 120 days unless a formal request for an extension is approved by the Director, with written notification of that extension provided to the Planning Commission.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 2 (part), Ord. 1110, eff. April 6, 2007)

Requirements for establishing a temporary use (e.g., construction yards, lot and sidewalk commercial activities, group assembly activities, temporary office trailers, temporary communications equipment testing facilities, etc.) are in Section 9-52.080 (Temporary Use Permits).

(§ 5, Ord. 1085, eff. January 6, 2006)

A.

While property remains vacant, it may be used for the growing of crops or organized community youth group recreational activities prior to development in compliance with this Development Code; provided that no structure shall be erected or constructed without a proper permit.

B.

While property remains vacant in the CR (Commercial Recreation) Zone, excluding Specific Plan CR Zones, it may be used for the board and care of horses prior to development in compliance with this Development

Code. Uses specifically not allowed include teaching or riding lessons, group events, shows, clinics, or horses for hire (livery operations). The board and care of horses shall be subject to issuance of a Zoning Clearance per Section 9-52.020 (Zoning Clearances) and all of the following standards:

1.

Parcel Size and Horse Density: The minimum parcel size is three acres. The number of horses per application shall not exceed 2 per one-half acre, up to a maximum of 18 horses.

2.

Enclosures, Shade Structures, and Sheds: Horses shall be kept within fenced corrals with a minimum area of 500 square feet for each horse. Any accessory shade structure for housing horses shall not exceed 120 square feet in area and 14 feet in height, and shall contain a minimum of three open sides.

One storage shed is allowed per horse, and one for the operator or caretaker of the horse boarding facility. All sheds shall be used for the storage of items related only to the boarding and caring of horses on the property. Each shed shall be a maximum of 120 square feet in area and 14 feet in height, and shall not contain any electrical or plumbing fixtures.

3.

Setbacks: All fenced corrals and accessory shade structures for horse keeping, sheds, riding rings, and riding trails shall be located a minimum distance of 50 feet from any existing off-site structure used for human occupancy or habitation, and 20 feet from the property line of the parcel containing the horse boarding facility.

4.

Caretaker temporary residence or office: One recreational vehicle may be used for the caretaker of the property and one for an office. Sewage disposal for the recreational vehicle shall conform to all State and City standards.

5.

Water, Sewer, and Trash Services: Any water or sewer services shall conform to all City standards. The property owner, caretaker, operator, or manager shall arrange for the pickup of discards or recyclable materials generated on-site by a City-approved trash service company.

6.

Sanitary Facilities: A minimum of two portable handicapped chemical toilets, including a built-in sink with fresh water, shall be provided and made available for customers and employees. Each portable toilet facility shall be, at all times, operational, maintained in a clean and sanitary condition, and kept in good repair. All portable chemical toilet facilities shall comply with the American National Standards Institute (ANSI) Z4.3 Nonsewered Waste-Disposal Systems — Minimum Requirements.

7.

Parking and Driveways: On-site vehicle parking shall be provided at one space per horse based on the maximum allowed number of horses for the application. All surfaces for parking and driveways shall be maintained with compacted decomposed granite or gravel containing a minimum depth of two inches.

8.

Tree Protection: No tree shall be removed, cut down, relocated, or destroyed, except as provided pursuant to Chapter 9-38 (Tree Preservation, Cutting, and Removal). No pruning of protected trees shall occur without first obtaining approval of the City, and all pruning shall conform to the American National Standards Institute (ANSI) A-300 Tree Care Operation Standards.

9.

General requirements: The property owner or operator of the horse boarding facility shall comply with the following:

a.

The property, including all enclosures or structures housing horses, corrals, paddocks, riding rings, pastures, or other areas shall be maintained in a sanitary manner free from litter, garbage, and the accumulation of manure, pursuant to Section 9-44.060(C)(2). The control of flies shall be maintained by: 1) collecting manure on a daily basis and placing it in a fly-proof sanitary container; 2) providing and maintaining flytraps; 3) maintaining insecticide ear tags on horses; and, 4) spraying insecticide where horses are kept.

b.

No horse shall be kept on the property if it habitually disturbs the peace and quiet of two or more residents on residential properties pursuant to Section 9-44.060(C)(4).

c.

Signage shall be limited to one freestanding, non-illuminated sign not exceeding a sign area of 24 square feet and height of 6 feet. Such sign shall be placed a minimum of one foot inside the property line. A sign permit shall be required.

d.

There shall be no grading on the property, including the excavation or fill of earth material by artificial means.

10.

Facility operations plan: The property owner or operator of the horse boarding facility shall prepare a plan addressing the horse board and care operations and improvements for review and approval by the Director of Environmental Services prior to issuance of the Zoning Clearance. The plan(s) shall include, but not be limited to: the location and design of corrals, riding rings, trails, and enclosures; storage area location for hay and feed; location and surface material for onsite parking and driveways; location of recreational vehicle for the caretaker; and signage.

11.

Duration Period: A Zoning Clearance is required and may be granted by the Director of Environmental Services for a maximum of one year to allow the boarding of horses. If it can be found that the applicant has complied with all the standards in this subsection B, the Director may grant subsequent Zoning Clearances for additional periods of one year each. Applicant must completely remove all horses, enclosures and structures housing horses, sheds, the caretaker's recreational trailer and vehicle, and any other related item from the property within 14 calendar days after the one-year period, unless a subsequent Zoning Clearance was issued.

12.

Monitoring. Upon a 24 hour notice, the site shall be subject to an inspection by the City to ensure compliance with all the standards in this subsection B.

13.

Deposit. A bond or cash deposit, in the amount specified by ordinance or resolution, shall be deposited with the City for the horse boarding facility's operation on vacant or undeveloped land to ensure clean-up of the entirety of the facility in compliance with Section 9-52.080(H)(4).

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 4 (Exh. A) Ord. No. 1204, eff. February 7, 2013)

Chapter 9-24 - Residential and Open Space Zoning Districts

This Chapter lists the uses of land that may be allowed within the residential and open space zoning districts established by Section 9-20.020 (Zoning Districts Established). It also determines the type of Land Use Permit approval required for each use and provides the general standards for site development.

(§ 5, Ord. 1085, eff. January 6, 2006)

Different residential zoning districts are intended to provide a range of housing types that are affordable and attractive, in well-designed residential neighborhoods. Open space zoning districts maintain community open space resources for purposes ranging from conservation, to preserving community land use options. Requirements for the land uses allowed in the residential and open space zoning districts, and standards for development project site planning, design, residential density, and minimum parcel size are found in Sections 9-24.030 and 9-24.040, respectively. The purposes of the individual residential and open space zoning districts and the manner in which they are applied are as follows:

A.

OS (Open Space) District. The OS zoning district is intended to provide for the conservation of renewable and nonrenewable natural resources, to preserve and enhance environmental quality, and to provide for the retention of the maximum number of future land use options while allowing reasonable and compatible

uses on open lands in the City that have not been altered to any major extent by human activities. The maximum density for residential uses is one primary dwelling unit for each 40 acres.[(1)(2)]

B.

RE (Residential Estate) District. The RE zoning district is intended to provide for a custom-designed residential environment with very large lots, houses of an individual style, and a distinct single-family neighborhood image. The minimum lot area in this zoning district is one acre and the maximum residential density is one dwelling per lot.[(1)(2)]

C.

RVL (Residential Very Low Density) District. The RVL zoning district is intended to provide for a semi-rural single-family residential environment with relatively large lots. The minimum lot area in this zoning district is 20,000 square feet, and the maximum residential density is one dwelling per lot.[(1)(2)]

D.

RL (Residential Low Density) District. The RL zoning district is intended to provide for a suburban singlefamily residential environment with a range of parcel sizes, but with generally low density and some clustering of parcels. The residential density in this zoning district may range from 2.1 to 3.5 dwelling units per acre. The maximum density is one dwelling per lot.[(1)(2)]

E.

RM (Residential Medium Density) District. The RM zoning district is intended to provide for a suburban single-family residential environment with a range of parcel sizes and some clustering of parcels. The residential density in this zoning district may range from 3.6 to 5.0 units per acre. The maximum density is one dwelling per lot.[(1)(2)]

F.

RMod (Residential Moderate Density) District. The RMod zoning district is intended to provide for moderate density detached single-family or multi-family dwellings. The residential density in this zoning district may range from 5.1 to 10.0 units per acre.[(1)(2)(3)]

G.

RH (Residential High Density) District. The RH zoning district is intended for areas of more compact multifamily residential developments, such as townhouses, garden apartments, and other multiple-unit dwellings. The residential density in this zoning district may range from 10.1 to 20 units per acre.[(2)]

H.

RVH (Residential Very High Density) District. The RVH zoning district is intended to provide for areas of relatively high density, with compact multi-family residential development near district of community shopping centers. The residential density in this zoning district may range from 20.1 to 35.0 units per acre. (2)

I.

MH (Mobile Home) District. The MH zoning district is intended to accommodate mobile home parks, to expand the range of housing opportunities available in the community. The residential density in this zoning district may range from 0 to 8 units per acre.[(2)]

J.

W (Water Storage Facilities) District. The W zoning district establishes areas within the City reserved for the location of water storage facilities and wireless telecommunications facilities on property owned by government agencies. This zone is consistent with all underlying General Plan land use designations.

K.

WP (Water Storage Facilities) District. The WP zoning district establishes areas in the City reserved for the location of water storage tanks, on privately owned property, and properly situated for the placement and safe aesthetic operation of wireless telecommunications facilities on property containing water storage facilities with ownerships other than government agencies or utilities regulated by the Public Utilities Commission while minimizing impacts on the immediately natural environment. This zone is consistent with all underlying General Plan land use designations.

Notes:

(1) Except as provided by Sections 9-44.150, 9-44.160 relating to Second Dwelling units.

(2) Minimum density for each residential zone may be less than the densities indicated above due to maximum residential dwelling unit calculations for units subject to the Hillside Performance Standards, Section 9-32.070.

(3) Depending on the type of development, either the single-family residential standards or the multi-family residential standards will apply to the project.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by Exh. A, Ord. 1147, eff. August 20, 2009 and § 3 (Exh. B), Ord. No. 1193, eff. July 19, 2012)

9-24.030 - Residential and Open Space District Land Uses and Permit Requirements

A.

Table 2-2 identifies the uses of land allowed by this Development Code in the residential and open space zoning districts, and the land use permit required to establish each use, in compliance with Chapter 9-22 (Land Use Permit Requirements). Regardless of the permit requirement established by Table 2-2, Planned Development Permit (Section 9-52.050) approval is also required for all construction of new residential units.

uses of land allowed by this Development Code in the residential and open space zoning districts, and the land use permit required to establish each use, in compliance with Chapter 9-22 (Land Use Permit Requirements). Regardless of the permit requirement established by Table 2-2, Planned Development Permit (Section 9-52.050) approval is also required for all construction of new residential units.

Note: Where the last column in the tables ("Specific Use Regulations") includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this Development Code may also apply.

B.

Specific Plan (SP) Land Use Designations and Zoning Districts: Allowable land uses within Specific Plans shall be determined by the applicable specific plan, except that commercial nonmedicinal and medicinal cannabis uses, operations, and activities, including cultivation, dispensaries, distribution, deliveries, manufacturing, processing, microbusinesses, storing, laboratory testing, packaging, labeling, and transportation facilities are prohibited uses in the City (refer to Chapter 5-41 for Nonmedicinal and Medicinal Cannabis Standards).

ecific plan, except that commercial nonmedicinal and medicinal cannabis uses, operations, and activities, including cultivation, dispensaries, distribution, deliveries, manufacturing, processing, microbusinesses, storing, laboratory testing, packaging, labeling, and transportation facilities are prohibited uses in the City (refer to Chapter 5-41 for Nonmedicinal and Medicinal Cannabis Standards).

Notes:

(1) See Article 8 for land use definitions. All commercial nonmedicinal or medicinal cannabis, and industrial hemp uses, operations, and activities, including collectives and cooperatives are prohibited (refer to Chapter 5-41 for Medicinal and Medicinal Cannabis Standards).

(2) A Planned Development Permit (Section 9-52.050) is also required for all new development.

(3) Administrative Conditional Use Permit required.

(4) CUP not required for farm animals in A, L or H Overlay Zones.

(5) Wireless Telecommunications Facilities shall not be subject to the CUP requirement for Telecommunications Facilities, as set forth in the above Table, and instead shall be subject to the permit requirements of Chapter 35 of Title 5 of the Simi Valley Municipal Code.

(6) See Section 9-44.220 Residential Accessory Structures for additional development standards.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 2, Ord. 1094, eff. July 20, 2006; § 2, Ord. 1103, eff. November 23, 2006; § 2 (Exh. A), Ord. No. 1221, eff. February 13, 2014; § 2 (Exh. A) Ord. No. 1255, eff. April 14, 2016; § 2(Exh. A), Ord. No. 1265, eff. January 9, 2017; § 5 (Exh. A), Ord. No. 1279, eff. October 30, 2017; § 5 (Exh. A) Ord. No. 1280, eff. December 14, 2017; § 2(Exh. A), Ord. No. 1315, effective October 19, 2020; § 2(Exh. A), Ord. No 1316, effective December 3, 2020, § 2(Exh. A), Ord. No. 1341, eff. July 14, 2022, and § 2(Exh. A), Ord. No. 1352, eff. October 23, 2023, and § 3(Exh.A), Ord. No. 1355, eff. April 15, 2024)

9-24.040 - Residential and Open Space District General Development Standards

Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-3, in addition to the applicable standards in Article 3 (Development and Operational Standards).

(§ 5, Ord. 1085, eff. January 6, 2006)

9-24.050 - Residential and Open Space District Setback Exceptions

The following exceptions apply to the setback requirements shown in Table 2-3. See also Section 9-30.080 (Setback Requirements and Exceptions). For Accessory Dwelling Units and Junior Accessory Dwelling Units, refer to Section 9-44.160.

A.

Front yard setback requirements. In the RVL, RL, RM, and RMod zones, subject to the approval of a Planned Development Permit for five or more units, up to 50 percent of the units on a block may have the living area portion of the house set back no closer than 15 feet from the front property line; and, up to 25 percent of the units on a block may have garages set back no closer than 15 feet from the front property line, provided the garage is "side facing," and there is a minimum driveway length of at least 20 feet; and up to 25 percent of the units on a block may have covered porches extend up to 10 feet into the required front setback, provided the covered porch extends no closer than 10 feet to the front property line. Further, these provisions shall apply only to projects with houses fronting along roads that are designed and built using Ventura County Design Plate B-4 (parkway between curb and sidewalk).

B.

Side yard setback requirements.

1.

Applicability of setback requirements. The side yard setbacks in Table 2-3 shall only apply to projects with five units or more filed after January 5, 2006 (the effective date of the Development Code). For projects with four units or less filed after April 5, 2007: the minimum interior side yard setback shall be five feet for a single-story house and for a one-story element of a two-story house, and 10 feet for a two-story house, provided that the Commission determines that the less restrictive setbacks are compatible with the setbacks of adjacent residential developments. The minimum street-facing side yard setbacks shall be 10 feet for all structures, regardless of project size and number of stories. The side yard setbacks for existing houses and for projects deemed complete before January 5, 2006, shall be five feet for a single-story house, and six feet to 10 feet for a two-story house, or as approved by the Commission for that lot. The side yard setbacks are only applicable to single-family residential zones in RVL through RMod zones and do not apply to OS or RE zones.

2.

Zero lot line projects. For a zero lot line development (or for any other single-family detached project with one side yard of less than six feet) the sum of both side yard setbacks shall add up to a minimum of 10 feet. For zero lot line projects processed as Planned Development permits, the lot shall retain the sum of both required side yards on one side.

C.

Rear yard setback requirements.

1.

Freeway setback. In all residential zones, where lots and uses back on to the State Route 118 Freeway, rear yard setbacks may be reduced to five feet for all structures, provided no structures shall cumulatively cover more than 40% of any yard.

2.

The total cumulative length of an Accessory Dwelling Unit and all accessory structures may not be more than 50 percent of the width of the rear setback area.

D.

Accessory structure height limits. A Conditional Use Permit shall be required to exceed the height limits established in Table 2-3. The maximum height of any accessory structure shall not exceed the maximum height permitted for a primary structure. Exceptions to this Section may be found for Accessory Dwelling Units in Section 9-44.160.

TABLE 2-3 - RESIDENTIAL AND OPEN SPACE DISTRICT STANDARDS

Notes:

(1) Within a major subdivision (5 or more lots), average lot width shall be 125 feet, the minimum lot width shall be 80 feet, and 60 feet in a cul-de-sac.

(2) Proposed parcels shall not exceed a depth-to-width ratio of 3-to-1.

(3) CUP required to exceed height limit. See Section 9-24.050(C).

(4) Setbacks may be reduced by up to 50% for residential structures adjacent to Open Space zoning Districts, RSRPD parkland, Homeowners Association (HOA) Greenbelts, or Ventura County Watershed Protection District Channels provided no structures cumulative cover more than 40 percent of the rear yard area.

(5) Up to a 10% increase in height for all residences and accessory structures may be granted in accordance with 9-30.060.D.2.

TABLE 2-3 - RESIDENTIAL AND OPEN SPACE DISTRICT STANDARDS - Continued

Notes:

(1) When the lot is within a major subdivision (5 or more lots) the average lot width shall be 100 feet, the minimum lot width shall be 80 feet, and 40 feet in a cul-de-sac.

(2) When the lot is within a major subdivision (5 or more lots) the average lot width shall be 80 feet, the minimum lot width shall be 70 feet, and 40 feet in a cul-de-sac.

(3) Proposed parcels shall not exceed a depth-to-width ratio of 3-to-1.

(4) Refer to Section 9-24.050(A).

(5) Refer to Section 9-24.050(B)(1).

(6) When new dwellings are proposed adjacent to a commercially zoned parcel, the distance between habitable structures on each parcel shall be 25 feet, plus 1 additional foot for each foot or portion thereof by which the new structure exceeds 20 feet in height.

(7) Nontraditional, nonresidential accessory structures are limited to 10 ft height on lots less than 20,000 square feet.

(8) Setbacks may be reduced by up to 50% for residential structures adjacent to Open Space zoning Districts, RSRPD parkland, Homeowners Association (HOA) Greenbelts, or Ventura County Watershed Protection District Channels provided no structures cumulatively cover more than 40 percent of the rear yard area.

(9) Up to a 10% increase in height for all residences and accessory structures may be granted in accordance with 9-30.060.D.2.

TABLE 2-3 - RESIDENTIAL AND OPEN SPACE DISTRICT STANDARDS - Continued

Notes:

(1) Condominium, townhome, or planned development projects may be subdivided with smaller parcel sizes for ownership purposes, with the minimum lot area requirement determined through the subdivision review process, provided that the overall development site complies with the lot area requirements of this Chapter.

(2) Proposed parcels should not exceed a depth-to-width ratio of 3-to-1.

(3) 15 ft is required side setback for multi-family structures only; 6 ft minimum is required for a 1-story detached single-family dwelling; 10 ft minimum is required for a 2-story detached single-family dwelling, except as provided in Section 9-24.050(B).

(4) When new dwellings are proposed adjacent to a commercially zoned parcel, the distance between habitable structures on each parcel shall be 25 feet, plus 1 additional foot for each foot or portion thereof by which the new structure exceeds 20 feet in height.

(5) Non-traditional, nonresidential accessory structures are limited to 10 ft height on lots less than 20,000 square feet.

(6) Setbacks may be reduced by up to 50% for residential structures adjacent to Open Space zoning Districts, RSRPD parkland, Homeowners Association (HOA) Greenbelts, or Ventura County Watershed Protection District Channels provided no structures cumulative cover more than 40 percent of the rear yard area.

(7) Up to a 10% increase in height for all residences and accessory structures may be granted in accordance with 9-30.060.D.2.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 2, Ord. 1094, eff. July 20, 2006; § 2 (part), Ord. 1110, eff. April 6, 2007; § 2 (Exh. A), Ord. No. 1183, eff. March 15, 2012; § 2 (Exh. A), Ord. No. 1221, eff. February 13, 2014; § 2(Exh. A), Ord. No. 1265, eff. January 9, 2017 and § 2(Exh. A), Ord. No. 1289, eff. July 5, 2018)

9-24.060 - Residential and Open Space District Use Limitations and Operational Standards

A.

General standards. The following standards shall apply to development in all residential and open space zones:

1.

Number of residential structures. Except as otherwise provided in this Chapter, there shall not be more than one principal residential structure on any lot.

2.

Residential care facilities and family day care homes. Residential care facilities serving six or fewer persons and family day care homes shall be subject to all development standards and requirements applicable to single-family dwellings.

3.

Accessory commercial uses. The Planning Commission may allow, within an area covered by a Planned Development Permit, minor specified retail commercial uses for the convenience of project residents when the Commission finds that:

a.

The commercial uses are designed for the sole use of residents within the permit area; and

b.

The commercial uses are incidental to and compatible with the nature and type of development proposed for the permit area, and shall be confined within the boundaries of the development.

4.

Institutional uses - Use of required front and side yard areas. Buildings that are constructed, used, or maintained for a school, church, hospital, institution, or similar use shall not be permitted to use the required front or side yards for parking or play areas.

5.

Open storage of materials. The open storage of materials may be located in a rear yard, or behind a side yard fence, gate, or wall provided it does not constitute a health or safety hazard or violate any other laws. No open storage of materials (except for furniture specifically designed for outdoor use) is permitted in the front yard or areas in front of a side yard fence, gate, or wall or in side yard areas where no fence, gate, or wall exists. Materials stored in any side or rear yard shall not be higher than the surrounding property line fence or side yard fence, gate or wall.

6.

Compost bin enclosures. Compost bin enclosures may be permitted in front yard setback areas in Animal and Horse Overlay zones only, subject to the following provisions:

a.

Use. A compost bin enclosure may be constructed in the front yard setback area to permanently screen one composting bin (one and one-half to three cubic yards) for yard waste/horse manure only.

b.

Location. A compost bin enclosure that is placed permanently on private property must be located contiguous to either the public right-of-way or a designated County-recorded private road. Enclosures cannot be located in any parking space, alley way or in the Traffic Safety Sight Area (TSSA). The enclosure must be positioned at an angle of 10 or 20 degrees to the street to allow access for pickup.

c.

Limitations. Placement of the compost bin enclosure must allow the hauler to service the bin without requiring them to manually or physically move the bin. Compost bins shall have no wheels as to restrict movement within the enclosure.

d.

Specifications. Compost bin enclosures must be nine feet wide by five feet high by five feet deep and have an overhead clearance of 25 feet. The enclosure walls must be five feet high as measured from the point of the highest contiguous grade. Enclosures must be built with a concrete slab with a five-inch aggregate

base material and six-inch Portland cement paving. The slab must have a level surface (no slope). A sixinch raised concrete curb must be installed around the inside perimeter of the walls. The front opening shall be at least 108 inches wide when the gate is fully open and must be designed with cane bolts to secure the gates when in the open position. Gates must swing outward or slide parallel to its side wall with safe, unobstructed clearance. Gates must have a secure closing mechanism and remain closed at all times when not in use or service. No roof or trellis shall be required.

e.

Materials. The compost bin enclosure must have four sides, one of which includes a solid, decorative opaque gate. The enclosure walls must be constructed of solid masonry with decorative exterior surface finish, compatible with any perimeter walls or the main structure. A list of recommended and acceptable enclosure materials include: slump stone, split face, precision block with stucco and cap, tilt-up concrete or other decorative block/concrete.

7.

Reasonable Accommodation. Persons with disabilities seeking equal access to housing may request a reasonable accommodation. Requests for reasonable accommodation shall be made in compliance with Section 9-52.110.

B.

Standards for specific types of residential projects. The standards of this Subsection shall be incorporated into all residential development as applicable, provided that these requirements do not apply to congregate care housing.

1.

Standards for all residential projects. All residential projects shall comply with the following requirements.

a.

The roof treatment for garages or carports shall be similar to that of the main structure.

b.

Fencing materials shall be slumpstone, wrought iron, textured concrete block or other similarly constructed walls except in residential projects designed for animal keeping within an Animal Overlay Zone.

c.

All property line walls and fences shall be no further than one inch from any property line. There shall be a rebuttable presumption that property line walls are on the property line.

d.

All above ground utility equipment visible from the street shall be screened by landscaping and/or a low wall matching the building decor.

e.

Off-site improvements related to a phase shall be accomplished concurrent with or prior to that phase of a multi-phased project.

f.

Roof equipment, except for solar energy equipment, on all structures shall be screened from view from adjacent parcels and street rights-of-way, including SR 118 and elevated overpasses, by means which are architecturally integrated into the structure. Solar energy equipment may be exposed to view from adjacent parcels and street rights-of-way provided the equipment is mounted flush with the roof plane.

2.

Multi-family residential projects.

a.

Trash enclosures. Each project shall contain a sufficient number of enclosures to screen bins for collection of discards in compliance with Chapter 9-35 (Recyclable Material and Discard Collection Containers and Facilities).

b.

Storage areas. Units are designed with outside, enclosed, lockable, secure storage areas attached to the unit, garage or attached carport.

c.

Roof equipment. Roof equipment, except for solar energy equipment, on all structures shall be screened from view from adjacent parcels and street rights-of-way, including SR 118 and elevated overpasses, by means that are architecturally integrated into the structure. Solar energy equipment may be exposed to view from adjacent parcels and street rights-of-way provided the equipment is mounted flush with the roof plane.

d.

Duplex dwellings. The project may contain up to 25 percent duplex dwellings and 75% multi-family dwellings. Duplexes shall comply with the parking space requirements for multi-family dwellings pursuant to Section 9-34.060 (Parking Space Requirements).

3.

Affordable and senior housing projects. Affordable and senior housing projects shall have an Affordable or Senior Housing Agreement in compliance with the City's Affordable Housing Guidelines.

4.

Senior housing projects. Senior housing projects shall comply with the following standards, provided that these requirements shall not apply to residential care housing, mobile home parks or residential projects of

four or fewer units.

a.

The project shall be conditionally restricted to tenancy necessary to meet the definition of "senior housing project" in Article 8 (Glossary).

b.

The project shall be designed with attention to special kitchen and bathroom amenities needed by seniors, and shall include:

(1)

Natural gas cooking appliances;

(2)

Grab rails or bars for handicapped;

(3)

Central air and heating equipment; and

(4)

Non-security exterior front door screens for senior apartment projects, but not for for-sale senior housing projects.

5.

Mobile home parks and subdivisions.

a.

Permit requirement. A mobile home park or mobile home subdivision shall require the approval of a Planned Development Permit or Conditional Use Permit, as specified in Table 2-2.

b.

Mobile home park standards.

(1)

Minimum site area. A site proposed for a mobile home park shall have a minimum area of two acres.

(2)

Density. A mobile home park shall have a target density of eight dwelling units per acre with a density range of 5.1 to 12 dwelling units per acre.

(3)

Standards for individual mobile homes.

(a)

Setbacks. Each mobile home shall be setback from the boundaries of the mobile home space as follows:

(i)

Front - 10 feet;

(ii)

Side - five feet;

(iii)

Rear - 10 feet.

(b)

Space coverage. A mobile home and its accessory structures shall cover no more than 75 percent of the space area.

(c)

Skirting. Each mobile home shall be equipped with skirting, or provided with a support pad which is recessed to give the appearance of the mobile home being located on-grade or foundation.

(4)

Site perimeter. All exterior common boundaries shall be screened by a decorative solid wall, fence or other comparable device at least six feet in height, with a minimum five-foot wide landscaped area provided along the inside of the perimeter screen, including 15 gallon or larger trees planted no more than 30 feet apart.

(5)

Landscaping.

(a)

Common open space shall be landscaped in compliance with a landscape plan approved by the Commission.

(b)

All required landscaping in each development phase shall be installed prior to occupancy of the mobile homes, and adequately irrigated and maintained according to the approved landscaping plan.

(c)

In addition to the perimeter trees, the equivalent of one tree shall be planted for each mobile home lot or space, either within individual spaces or in common areas.

(6)

Common recreation or open space area. A common recreation area may be provided in the park for all tenants, and may contain a recreation building. The area may be provided in one common location with a minimum aggregate area of 240 square feet per mobile home space.

(7)

Parking. A mobile home park shall provide parking in compliance with Chapter 9-34 (Parking and Loading Standards). Guest parking spaces shall be provided adjacent to the recreation area.

(8)

Trash enclosures. Each project shall contain a sufficient number of enclosures to screen bins for collection of discards in compliance with Chapter 9-35 (Recyclable Material and Discard Collection Containers and Facilities).

(9)

Storage facilities.

(a)

One or more centralized storage areas shall be provided for recreational vehicles, boats, etc., at a minimum ratio of one storage space per five mobile home spaces. Any fractional space requirement shall be construed as requiring one full storage space.

(b)

Recreational vehicle parking spaces shall measure not less than 10 feet by 30 feet, and shall have direct access to a driveway with minimum width of 20 feet.

(c)

Storage areas shall be paved and drained in order to be usable year round.

(d)

Storage areas shall be completely screened from exterior view by a combination of landscaping, masonry walls, fences or other comparable screening devices six feet in height.

(10)

Utilities. All on-site utilities shall be installed underground.

c.

Mobile home subdivision standards.

(1)

Minimum site area. A site proposed for a mobile home subdivision shall have a minimum area of five acres.

(2)

Density. A mobile home subdivision shall have a target density of six dwelling units per acre with a density range of 3.1 to 10 dwelling units per acre, unless the base General Plan designation indicates a lower density, in which case the more restrictive density shall apply.

(3)

Minimum lot width. Each lot in a mobile home subdivision shall have a minimum width of 40 feet.

(4)

Setbacks. Each individual mobile home shall comply with the development standards of the RM zone, except that where the primary zoning district is more restrictive, the standards of the primary zoning district required by Article 2 shall apply.

(5)

Skirting. Each mobile home shall comply with the skirting requirements of Section 9-24.060(B)(5)(b)(3)(c), above.

(6)

Parking. Off-street parking shall be provided as required for single-family dwellings by Chapter 9-34 (Parking and Loading Standards).

(7)

Landscaping. Landscaping within a mobile home subdivision shall comply with the standards and requirements applicable to other single-family residential subdivisions or developments.

(8)

Trash enclosures. Each project shall contain a sufficient number of enclosures to screen bins for collection of discards in compliance with Chapter 9-35 (Recyclable Material and Discard Collection Containers and Facilities).

(9)

Utilities. All on-site utilities shall be installed underground.

C.

Lighting plan required. Project applications including outside parking lots and lighting shall include an exterior lighting (photometric) plan consisting of a point-by-point foot candle layout (based on 10-foot grid centers) extending a minimum of 20 feet outside the property lines, prepared by an electrical engineer registered in the State of California. The lighting plan shall:

Minimize on-site and off-site glare;

2.

Provide adequate on-site lighting with no more than a seven-to-one ratio, maximum to minimum, level of illumination between light standards within driveways and parking areas;

3.

Limit electrolier height to 14 feet in areas adjacent to residential development to avoid excessive illumination;

4.

Provide electroliers that are compatible with the total design of the proposed facility;

5.

Utilize fixtures which possess sharp cut-off qualities at property lines, or light drops of up to ½-footcandle at the property line; and

6.

Not use low pressure sodium lighting fixtures.

D.

Optional standards. The standards of this Subsection apply to the types of residential projects noted, in the manner provided by Subsection (D)(1) (Applicability), below. This subsection does not apply to congregate care housing, or mobile home parks, or administrative planned development permits for residential projects.

1.

Applicability. The minimum number of the optional standards (listed in Subsections (D)(2) through (D)(4), below), shall be incorporated into each residential project, as specified in the following table:

All residential projects.

a.

The project shall be an "infill project."

b.

All units in the project are sited to maximize effectiveness of passive solar features considering sun angles (southern orientation), wind direction, natural ventilation and shading devices (deciduous vegetation, eave projections, etc.) as shown on a separate plan (solar access plan).

c.

All units in the project shall incorporate energy conserving features, including solar waterheating or photovoltaic equipment that is mounted flush with the roof or wall surface. These features shall be capable of energy savings that exceed the minimum requirements of Title 24 by 10 percent or more.

d.

The project shall be located within and be consistent with an approved Specific Plan.

e.

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

f.

The project shall provide an internal horse trail system.

g.

Architectural treatment is provided around each window and door area on all elevations of each unit, and roof treatment with eaves is provided on all elevations of each unit.

h.

The project shall be designed with variable setbacks, curving streets, special concrete treatment (e.g., stamped concrete), and special roof treatments.

i.

The project shall integrate enriched landscaping in parkways and greenbelts throughout the site.

j.

Roof materials shall not consist of asphalt shingles.

3.

Single-family detached residential projects.

a.

75 percent or more of the houses shall have three or more bedrooms.

b.

All front yards shall be planted with grass, contain in-ground sprinkler systems, and embellished with additional landscaping, such as flowers, shrubs and trees.

c.

The project shall provide a variety of different floor plans and different exterior treatments for each floor plan dependent upon and consistent with the size of the project.

d.

Recreational vehicle parking shall be provided for a minimum of 60 percent of the units.

e.

Bay windows, greenhouse windows, stained glass, and other special window and door treatments are incorporated into the design of each unit of the project.

f.

All units in the project shall have 1,600 square feet or more of floor area.

g.

The project shall have an affordable agreement with the City that provides housing affordable to persons earning the median income or less.

4.

Multi-family (attached) residential projects.

a.

The project shall provide a substantial recreation component as determined by the Commission.

b.

50 percent or more of the dwelling units shall have three or more bedrooms.

c.

Parking spaces for each unit shall be no more than 100 feet from the unit they serve.

d.

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

e.

Separate recreational vehicle parking shall be provided for a minimum of 20 percent of the units.

f.

The project shall provide an individual fully enclosed garage for each unit in the project.

g.

One bedroom dwelling units shall consist of a minimum of 800 square feet and two bedroom units shall consist of a minimum of 1,000 square feet.

h.

The project shall be designed with direct entry from the unit to the fully enclosed garage.

5.

Senior housing projects.

a.

The project provides a substantial recreation component, as determined by the Commission, including a seniors recreation program.

b.

The project includes an assisted care plan with components that include transportation services, personal care services and food services.

c.

The project includes a sheltered area for vehicular loading and unloading.

d.

The project provides lifesaving devices such as lifeline emergency equipment (panic buttons, etc.).

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 2 (part), Ord. 1110, eff. April 6, 2007, § 2 (part), Ord. 1139, eff. February 9, 2009; Exh. A, Ord. 1147, eff. August 20, 2009 and § 2(Exh. A), Ord. No. 1341, eff. July 14, 2022)

9-24.070 - Condominium Conversion Regulations

A.

Purpose. The intent and purpose of this Section is to:

Establish procedures and standards to regulate the conversion of existing multi-family rental apartment housing to condominiums;

2.

Reduce the impact of such conversions on tenants, who may be required to relocate due to the conversion of apartments to condominiums;

3.

Assure that purchasers of converted housing have been properly informed as to the physical condition of the structure which is offered for purchase;

4.

Ensure that converted housing achieves a high standard of appearance, quality, and safety, and is in good condition without hidden needs for maintenance and repair;

5.

Assure a reasonable balance of rental and ownership housing and a variety of individual choices of tenure, type, price, and location; and

6.

Assure that adequate rental housing is available in the community.

B.

Applicability. The provisions of this Section shall apply to all proposed residential condominium conversions.

C.

Conditional Use Permit requirement. No existing residential apartment unit/complex shall be converted for sale, transfer, or conveyance as a condominium or townhouse condominium without a Conditional Use Permit pursuant to Section 9-52.070.

D.

Required Reports and Information. In addition to the Conditional Use Permit, the applicant shall submit a report describing the physical elements of all structures and facilities, as required by this Section. The cost of all reports shall be paid by the applicant. The reports shall include information on what improvements, if any, shall be accomplished by the developer and when such improvements shall be completed. These reports shall be comprised of:

1.

Structural Report. A report by a California licensed structural engineer, civil engineer or architect, describing in detail the structural condition, any evidence of soils problems, code violations, useful life, and any

apparent deferred maintenance of all elements of the property;

2.

Mechanical Report. A report by a California licensed mechanical contractor detailing the age, condition, size, and the cost of replacement for each appliance and piece of mechanical equipment for heating and cooling. The report shall identify any defective or unsafe appliances and set forth the proposed corrective measures to be employed;

3.

Pest Inspection Report. A report by a California licensed structural termite and pest control specialist certifying whether or not all attached or detached structures are free of infestation and structural damage caused by pests and dry rot. The report shall describe what procedures would be necessary to eliminate infestation or damage, if present. Any infestation shall be remedied prior to sale;

4.

Paint Report. A report by a California licensed painting contractor verifying the condition of the painting throughout the project, including building interior and exterior surfaces and an estimate of the remaining physical life of the paint; and

5.

Roof Report. A report by a California licensed roofing contractor verifying the condition of the roofs of all structures and an estimate of the remaining physical life of the roofs and the cost of replacement.

E.

Construction Standards, Zoning Standards, and Design Guidelines.

1.

Construction Standards. Conversion projects shall be required to conform with the following:

a.

All work necessary to complete the conversions and the correction of any prior non-permitted alterations shall be required to conform to requirements of the current City-adopted Building Codes;

b.

At the time of conversion, the project shall comply with all accessibility requirements of the California Building Code (CBC). The extent of the modification shall be guided by the CBC in effect at the time of building permit issuance for the accessibility modifications; and

c.

Gas, electricity, and water shall be separately metered for each dwelling unit. A shutoff valve for each utility shall also be provided for each unit.

Development Code Standards. Conversion projects shall comply with the following Development Code requirements:

a.

Provide similar roof treatments for garages or carports as the main structures, pursuant to Section 9- 24.060(B)(1)(a);

b.

Upgrade exterior lighting pursuant to Section 9-30.040;

c.

Screen roof equipment pursuant to Section 9-24.060(B)(1)(f);

d.

Provide trash enclosures pursuant to Section 9-24.060(B)(2)(a);

e.

Provide storage areas pursuant to Section 9-24.060(B)(2)(b); and

f.

Provide the required number of parking spaces pursuant to Section 9-34.060.

3.

Design Guidelines. The following design guidelines are strongly encouraged for use when converting existing apartments to condominiums. (Note: All condominium conversion design guidelines appear in italics to distinguish them from standards, which are mandatory requirements.)

a.

Follow the landscape design standards found in the Citywide Landscape Guidelines;

b.

Screen all above ground utility equipment and service meters visible from the street;

c.

Provide an overall circulation system that avoids circuitous or confusing travel paths and dead ends;

d.

Provide adequate vehicle stacking room and parking stalls outside of the gates, for gated projects;

e.

Incorporate significant vertical and horizontal articulation into each building; and

f.

Conversions designated for sale only to seniors should incorporate universal design guidelines. The term "accessible" is defined as pursuant to Chapter 11A of the California Building Code. The design features include:

(1)

Doors, openings, and entries:

(a)

Accessible primary front door, doorway, and threshold;

(b)

Accessible interior doors and doorway;

(c)

Accessible secondary exterior doors, doorways, and thresholds;

(d)

An entry door sidelight or high and low peephole viewer;

(e)

Accessible sliding glass door;

(2)

General interior adaptations:

(a)

Accessible routes to at least one bedroom, bathroom, and kitchen from the primary entrance;

(b)

Accessible switches, outlets, and thermostats;

(c)

Closet rods and shelves adjustable from three feet to five feet and six inches high;

(3)

Kitchen:

(a)

Accessible floorspace at appliances;

(b)

Cabinetry and plumbing that could be converted to be fully accessible;

(c)

Enhancements such as a contrasting color edge at countertops, antiscald device on plumbing fixtures, and undercabinet lighting;

(4)

At least one bathroom within each unit:

(a)

Grab bar backing installed adjacent to and within the bathtub/shower in each bathroom;

(b)

Cabinetry and plumbing that could be converted to be fully accessible;

(c)

Accessible stall shower designed per CBC 11A, or roll-in shower designed per CBC 11B, in lieu of a standard tub, shower, or tub/shower combination;

(d)

Accessible faucet handles and an adjustable handheld showerhead;

(e)

Enhancements such as a contrasting color edge at countertops, and antiscald device on plumbing fixtures;

(5)

Project site. Required paths of travel must have a slip-resistant surface suitable for walkers and wheelchairs, such as concrete, mortarless interlocking pavers, or other smooth surfaces as approved by the Deputy Director/City Planner.

F.

Vacancy rate. Condominium conversions shall be prohibited when the City's vacancy rate for rental apartments is less than five percent, as determined by the most recent Apartment Survey prepared by the City, at the time a conversion application is submitted.

G.

Occupancy limitation. The CC&Rs for the project shall stipulate that each converted condominium unit be owner-occupied for an initial five-year time period, and that no more than 20 percent of the units may be rented at any time.

H.

Affordable housing. The applicant shall enter into an agreement with the City to sell 25 percent of the total number of units to very low- and low-income households. This agreement shall also ensure that all affordable units be sold with an affordability covenant that restricts the affordable housing cost for a minimum of 45 years.

I.

Tenant benefits.

1.

Moving expenses and relocation assistance. The applicant shall provide relocation/moving assistance equal to three times the monthly rent to any tenant household living in any unit of the project at the time of final map approval, provided such tenant is not otherwise in default of the rental agreement. A tenant moving into the apartment after final map approval will not be required to be provided with moving expenses. When the tenant has given notice of his intent to move prior to City approval of the final map, eligibility to receive assistance shall be forfeited. If the tenant elects to purchase a unit, such relocation assistance shall be applied to the tenant's purchase of the unit.

2.

Lease extension. The applicant shall offer a three-year lease extension to qualifying very low- and lowincome tenants, as defined by the latest publicly available figures from the U.S. Department of Housing and Urban Development (HUD), for household incomes for the County of Ventura. Reasonable annual rent increase shall be allowed, but shall not exceed the increase in the Los Angeles-Long Beach Area Consumer Price Index (CPI), or any successor index designed to determine general increases in housing costs, for the preceding 12-month period. Provisions setting forth this limitation on rent increases shall be incorporated into such lease. The applicant shall provide evidence that such offer has been made to eligible tenants prior to filing for approval of the final subdivision map.

(§ 2, Ord. 1102, eff. November 9, 2006)

A.

Purpose and intent. The intent and purpose of this Section is to provide development and objective standards for Two-Unit Residential Development, pursuant to California Government Code Sections 65852.21 and 66411.7, and subject to the standards as set forth in this ordinance.

B.

Authority. Requests for a Two-Unit Residential Development that comply with the requirements of this section shall be approved by the Director with a Zoning Clearance.

C.

Qualifying Two-Unit Residential Development. Qualifying Two-Unit Residential Development is as defined in Government Code Section 65852.21. The exceptions in this section apply only to Two-Unit Residential Development in the OS, RE, RVL, RL, RM, RMod, and RPD zones, and any development on a parcel or subdivided parcel approved pursuant to SVMC Chapter 9-24.080, Urban Lot Split.

D.

Prohibited development. Two-Unit Residential Development as described in this section shall be prohibited in the following locations and circumstances, pursuant to state law and as further specified below:

1.

Rental units. Two-Unit Residential Development shall not include the demolition, substantial redevelopment, or alteration of any of the following types of housing:

a.

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

b.

Housing that is subject to any form of rent or price control through the City's valid exercise of its police power.

c.

Housing that has been occupied by a tenant in the last three years.

2.

Prior removal of rental units. Two-Unit Residential Development shall not occur on a parcel on which an owner of residential real property has exercised the owner's right under California Government Code Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

3.

Demolition. No more than 25 percent of the exterior walls of the existing structure may be demolished unless the site has not been occupied by a tenant in the last three years.

4.

Substantial redevelopment. Two-Unit Residential Development shall not include the substantial redevelopment of existing buildings, unless the replacement building conforms to current development

standards in the zoning district or the replacement of a nonconforming structure is reconstructed in the same location and with the same dimensions and floor area as the existing building in accordance with SVMC 9-72.040(B)(1). Properties developed with Two-Unit Residential Development may expand the primary residence constructed prior to December 31, 2021, to a size that exceeds the allowed unit size with no maximum size restriction.

5.

Very High Fire Hazard Areas. Two-Unit Residential Development shall not be permitted within the Very High Fire Hazard Zones, unless proposed buildings are designed to meet the high fire construction standards adopted or enforced by the City, as determined by the Building Official, the Ventura County Fire District, or the State Fire Marshall, including, but not limited to, any requirement for fire sprinklers. No variance or modification to any Building or Fire Code requirements or high fire construction standards shall be permitted.

6.

Restricted areas. Two-Unit Residential Development shall not be permitted within the Alquist Priolo Fault Zone, 100 year flood zone, the Habitat Connectivity and Wildlife Corridor, prime farmland or farmland of statewide importance, wetlands as defined by the United States Fish and Wildlife Service, or a hazardous waste site, unless proper mitigations are approved by the Building Official, Environmental Services Director (Habitat Connectivity and Wildlife Corridor), Public Works Director (100 year flood zone), or related agencies.

7.

Historic resources. Two-Unit Residential Development shall not be permitted on a property included on the State Historic Resources Inventory, on a parcel designated as a historic property, County Landmark, or Structure of Merit on the Ventura County Historical Landmarks and Points of Interest or listed in the General Plan.

8.

The City reserves the right to limit construction in locations where there is inadequate water or sewer services, impact on traffic flow, or public safety.

E.

Number of residential units allowed. A Two-Unit Residential Development is allowed a maximum of two primary residential units on one parcel. Units may be attached (duplex) or detached. Each primary residential unit is permitted one accessory dwelling unit ("ADU") in accordance with 9-44.160. A maximum of four total residential units are permitted on a single parcel inclusive of accessory dwelling units.

When a property is subdivided using the Urban Lot Split, a maximum of two dwelling units are allowed on each resulting parcel. Dwelling units include primary and accessory dwelling units. Each primary dwelling unit is not permitted to have an ADU and/or JADU and exceed the maximum of two dwelling units per lot.

F.

Accessory buildings allowed. Residential accessory structures may be permitted concurrently or subsequent to a Two-Unit Residential Development, pursuant to 9-30.080. The cumulative square footage of all structures shall not cover more than 40 percent of any required yard as defined in Section 9-80.020. Structures shall include all primary residences, accessory dwelling units, accessory buildings, or other permitted structures. This section only applies when primary dwelling units are over 800 square feet in size.

G.

Rental terms. Each unit may be rented separately, however, rental terms shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one 31-day period occupancy by the same tenant.

H.

Property ownership. Two-Unit Residential Development requires a property owner to occupy one unit as their primary residence for a minimum of three years from the date of the Certificate of Occupancy for the new primary dwelling unit. An affidavit form approved by the City must be completed annually and be submitted with the Zoning Clearance Application.

I.

Access to a public street. Every main building shall face or have frontage upon a public street or have permanent means of access to a public street, using either a vehicle driveway or pedestrian pathway. Pedestrian pathways and driveways are limited to the minimum width required for access to each unit, garage, or required parking space.

1.

Vehicular access. When new parking is proposed, vehicular access to a public street or alley shall be provided by a paved driveway that complies with the minimum width, slope, materials, and other standards consistent with SVMC Title 7, Chapter 1 Encroachments and Section 9-34 Parking and Loading Standards.

a.

Landscape buffer. Where feasible for existing site constraints, driveways adjacent to onsite buildings must be separated from building walls by a planting area with a minimum inside width of three feet. The same buffer, or a fence or hedge, shall be provided where parking areas, turnarounds, or driveways abut an adjacent residential property.

2.

Pedestrian access. When a parcel is not split under the provisions of this code, pedestrian access to a public street or alley shall be provided with an exterior pedestrian pathway from the primary entrances of each unit to the adjoining sidewalk, street, or alley. The pedestrian pathway shall be unobstructed, clear to the sky, and meet the following standards:

a.

Minimum width. Pedestrian pathways serving one or two units: three feet wide.

b.

Maximum length. Pedestrian pathways shall not be more than 200 feet in length.

c.

Slope. Running grade shall not exceed five percent and cross slope shall not exceed 1:50.

d.

Materials. Minimum four-inch-thick concrete, or concrete or brick pavers placed hand tight or mortared, on compacted subgrade or aggregate base, or other techniques or materials providing equivalent service. Gravel, mulch, dirt, stepping stones, or other similar loose materials that do not create a continuous passage are prohibited.

e.

Addressing. All addresses for residential parcels using a shared driveway must be displayed at their closest point of access to a public street for emergency responders.

J.

Open Space. Each primary dwelling unit shall have a minimum size open space of 200 square feet designed as a continuous square, rectangle, or similar shape. Open space must be located outside the required setbacks. The cumulative square footage of all structures shall not cover more than 40 percent of required yard as defined in Section 9-80.020. Structures shall include all primary residences, accessory dwelling units, accessory structures, or other permitted structures. This section only applies when primary dwelling units are over 800 square feet in size.

K.

Parking. One off-street automobile parking space, which shall be in an enclosed garage dimensioned pursuant to SVMC 9-34.080.D, is required for each unit in a Two-Unit Residential Development, except as exempted below.

1.

Replacement parking required. When an existing garage, carport, or other covered parking structure is converted or demolished in order to construct a new unit, at least one replacement parking space, which shall be an enclosed garage, must be provided for each unit, unless the project is exempt from parking.

If the garage was converted to an ADU or JADU prior to Two-Unit Residential Development, a new one car garage is required for each primary dwelling unit.

2.

Shared Garages. Each primary dwelling unit must have its own individual single car garage. Garage dimensions must comply with SVMC Section 9-34.080.D. Multiple single car garages may be attached together.

3.

Location. All parking must be on the same parcel as the residential unit served. All driveways must meet the minimum dimensions, location, and development standards consistent with the California Fire Code, and SVMC Section 9-34.090.B Design Requirements. Minimum driveway width to the rear property shall be nine feet wide.

4.

Parking is not required. Parking is not required for a Two-Unit Residential Development when:

a.

A property is located within ½ mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.

b.

There is a car share vehicle located within one block of the parcel.

L.

Hillside performance standards. Development proposed on parcels outside the valley floor will be limited to 800 square feet in size and must comply with SVMC Chapter 9-32 Hillside Performance Standards.

M.

Building permit required. Two-Unit Residential Development shall comply with applicable state and local building codes and shall require approval of a building permit. The City shall ministerially approve or disapprove a complete building permit application for a Two-Unit Residential Development in compliance with state law and this section.

1.

Basis for denial. A Two-Unit Housing Development may be denied if the Building Official finds that the proposed development project would have a specific, adverse impact upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

2.

A Zoning Clearance is required for each new primary dwelling unit.

N.

Objective development standards. Except as otherwise specified in this section, Two-Unit Residential Development shall comply with the objective development standards applicable to a principle or primary residential use on a parcel for the housing type and base zone in which the parcel is located, as follows:

1.

Exceptions. The reductions and exceptions to the development standards normally applicable to residential development allowed in this section are for the express purpose of promoting the development and maintenance of more than one dwelling unit on the parcel. If for any reason the development is not maintained on the parcel in conformance with this section, the parcel shall be brought into compliance with all of the requirements for the residential development, or with the legal nonconforming condition of the parcel prior to the development of the Two-Unit Residential Development, including, but not limited to, the requirements for open yard, setbacks, and garage parking.

2.

Waivers and variances not allowed. A Two-Unit Residential Development project may not include a request for an exception to any objective standards by applying for a variance, modification, exception, waiver, or other discretionary approval for height, density, setbacks, open yard, land use, or similar design or development standard.

3.

Maximum unit size. The maximum allowable floor area shall apply to each primary residential unit. The maximum unit size is as follows:

a.

Parcels up to 5,000 square feet: 800 square feet maximum.

b.

Parcels 5,001 to 8,000 square feet: 1,000 square feet maximum.

c.

Parcels 8,001 to 20,000 square feet: 1,200 square feet maximum.

d.

Parcels 20,001 square feet or greater: 2,000 square feet.

If a property is subdivided using an Urban Lot Split, unit size shall be calculated based upon the new parcel area and not the original parcel area.

4.

Setbacks. All structures in a Two-Unit Residential Development shall comply with the setbacks as shown in SVMC 9-24.080 Table 3-2; with the following exceptions:

a.

Flag lots. Setbacks for flag lots shall be measured in accordance with SVMC Section, 9-30.080 (C)(5).

b.

Architectural features and accessory structures. Setbacks for architectural features and accessory structures shall comply with SVMC Section 9-30.080.D Table 3-2.

c.

For all other setbacks refer to SVMC Chapter 9-24.

TABLE 3-2

Two-Unit Development Standards

Architectural review. All developments shall be subject to the following architectural design criteria, or any other adopted objective design standards in effect at the time a complete application is submitted, as applicable to either new construction or exterior alterations, which shall be reviewed ministerially by the Environmental Services Director.

a.

Building design. Additions or new construction shall comply with the following:

(1)

On a site already developed with an existing residential unit, the new unit shall be designed and

constructed to match or complement the existing paint color and exterior building materials, including but not limited to siding, windows, doors, roofing, light fixtures, etc.

(2)

If residential development is proposed on a lot where no residential units currently exist, the units shall be constructed using the same architectural style, exterior building materials, colors, and finishes to complement the planned development or adjacent residences.

(3)

Roofing material shall match the roof material of the original residence or if the property is vacant, then the roof material shall match the adjacent residences.

b.

Materials and colors. New roofing and siding materials that are shiny, mirror-like, or of a glossy metallic finish are prohibited. Materials and colors shall complement the building style.

c.

Garage conversion. If a garage is converted to a new unit, the garage door opening shall be replaced with exterior wall coverings, or residential windows and doors, to match the existing residence.

O.

Urban Lot Split. An Urban Lot Split shall comply with the following standards.

1.

An Urban Lot Split shall be ministerially approved if all of the following apply:

a.

The parcel was not previously split under the provisions of this Section or the provisions set forth in California Government Code Section 66411.7.

b.

Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an Urban Lot Split as provided in this section.

Property is not located within a Very High Fire Hazard Area, the Alquist Priolo Fault Zone, 100 year flood zone, the Habitat Connectivity and Wildlife Corridor, prime farmland or farmland of statewide importance,

wetlands as defined by the United States Fish and Wildlife Service, or a hazardous waste site,

The property is not included on the State Historic Resources Inventory, is not designated as a historic property, County Landmark, or Structure of Merit on the Ventura County Historical Landmarks and Points of Interest, or listed in the General Plan.

2.

Map compliance. The Urban Lot Split shall conform to all applicable objective requirements of the California Subdivision Map Act and SVMC Article 6 - Subdivisions (SVMC 9-60 through 9-68), except as modified by this Article.

3.

Parcel area minimum. The gross lot area of each newly created lot shall be no smaller than 1,200 square feet. No parcel may be less than 40 percent of the original lot size.

4.

Two parcels maximum. The Urban Lot Split may divide a lot of record to create no more than two new parcels.

5.

Parcel dimensions. An Urban Lot Split is not subject to the minimum lot width requirements as set forth by the underlying zone.

6.

Required setbacks. Existing structures must comply with required setbacks.

7.

Owner occupancy. An owner must occupy one unit as their primary residence for a minimum of three years from recordation of the Parcel Map, if a dwelling unit exists on the lot at the time of recordation; or for a minimum of three years from the issuance of a certificate of occupancy of the first newly constructed dwelling unit on either lot of the Parcel Map if no unit existed at time of recordation.

8.

Hillside Performance Standards. Urban Lot Splits proposed on properties that are located on slopes 20 percent or greater are subject to the SVMC Chapter 9-32.

9.

Off-site improvements. The City shall not impose regulations that require dedications of right-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an Urban Lot Split.

Application. For all lots subdividing using this code section an application for a Tentative Parcel Map shall be submitted in accordance with SVMC Chapter 9-61 Tentative Map Filing and Processing.

(§ 2(Exh. A), Ord. No. 1352, eff. October 23, 2023)

Chapter 9-26 - Commercial and Industrial Zoning Districts

This Chapter lists the uses of land that may be allowed within the commercial and industrial zoning districts established by Section 9-20.020 (Zoning Districts Established), determines the type of land use permit approval required for each use, and provides basic standards for site development.

(§ 5, Ord. 1085, eff. January 6, 2006)

The commercial and industrial zoning districts are intended to provide and maintain opportunities for a diversity of commercial enterprises. The purposes of the individual zoning districts and the manner in which they are applied are as follows:

A.

CO (Commercial Office) district. The CO zoning district is intended to provide areas for business and professional offices, related services, and other uses compatible with and especially sensitive to the surrounding land uses.

B.

CN (Commercial Neighborhood) district. The CN zoning district is intended to provide a limited range of products and services to the residents of the surrounding neighborhood. Restrictions may be placed on permitted uses, hours of operation, intensity of use, lighting and delivery hours.

C.

CR (Commercial Recreation) district. The CR zoning district is intended to provide for the development of recreational, entertainment, and associated retail and service activities meant to serve primarily the needs of the local population.

D.

CC (Civic Center) district. The CC zoning district is intended to provide an area devoted primarily to public facilities and supportive commercial activities, and to encourage a concentration of these facilities in a centralized location.

E.

CPD (Commercial Planned Development) district. The CPD zoning district is intended to encourage the development of attractive, innovative, and efficient commercial sites containing a broad range of retail, office and service commercial uses.

F.

CI (Commercial Industrial) district. The CI zoning district is intended to provide an area combining light industrial uses with commercial activities that are frequently incompatible with conventional retail or office areas.

G.

RCC (Regional Commercial Center) district. The RCC zoning district is intended to designate a site for an enclosed mall anchored by two or more major department stores with intervening specialty stores.

H.

BP (Business Park) district. The BP zoning district is intended to provide areas for quality industrial development, together with supportive and compatible, but not necessarily accessory retail, office, and commercial uses, in unique geographic areas. Development and performance standards for this zoning district will be developed on a case-by-case basis through a required Specific Plan to protect the unique qualities of these areas while still providing development opportunities.

I.

LI (Light Industrial) district. The LI zoning district is intended to provide areas for a variety of light manufacturing, service, technical research, and related business office uses, operating under performance standards which will result in very few outside impacts.

J.

GI (General Industrial) district. The GI zoning district is intended to provide areas for a broad range of manufacturing and quasi-industrial activities, while providing appropriate safeguards for adjoining industrial property, nearby nonindustrial property, and the community in general.

(§ 5, Ord. 1085, eff. January 6, 2006)

9-26.030 - Commercial, Industrial, Business Park Overlay, and Mixed-Use Overlay District Land Uses and Permit Requirements

A.

General requirements. Table 2-5 identifies the uses of land allowed by this Development Code in the Commercial, Industrial, Business Park Overlay, and Mixed-Use Overlay Districts, and the Land Use Permit required to establish each use, in compliance with Chapter 9-22 (Land Use Permit Requirements). Regardless of the permit requirement established by Table 2-5, Planned Development Permit approval (Section 9-52.050) is also required for all new construction.

Note: Where the last column in the tables ("Specific Use Regulations") includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this Development Code may also apply.

B.

RCC and BP districts. Allowable land uses within the RCC and BP zoning districts shall be determined by the applicable Specific Plan.

C.

Specific Plan (SP) Land Use Designations and Zoning Districts: Allowable land uses within Specific Plans shall be determined by the applicable specific plan, except that commercial nonmedicinal and medicinal cannabis uses, operations, and activities, including cultivation, dispensaries, distribution, deliveries, manufacturing, processing, microbusinesses, storing, laboratory testing, packaging, labeling, and transportation facilities or uses are prohibited in the City (refer to Chapter 5-41 for Nonmedicinal and Medicinal Cannabis Standards).

fic plan, except that commercial nonmedicinal and medicinal cannabis uses, operations, and activities, including cultivation, dispensaries, distribution, deliveries, manufacturing, processing, microbusinesses, storing, laboratory testing, packaging, labeling, and transportation facilities or uses are prohibited in the City (refer to Chapter 5-41 for Nonmedicinal and Medicinal Cannabis Standards).

Notes:

(1) See Article 8 for land use definitions. All commercial nonmedicinal or medicinal cannabis, and industrial hemp uses, operations, and activities, including collectives and cooperatives are prohibited (refer to Chapter 5-41 for Nonmedicinal and Medicinal Cannabis Standards).

(2) A Planned Development Permit (Section 9-52.050) is also required prior to any construction.

(3) See Section 9-10.070(B) for industrial district land use limitations.

(4) May require a CUP depending on location (see Section 9-44.040).

(5) Allowed if located within the Sexually Oriented Business Overlay District, with the approval of a sexually oriented business site plan review application and a zoning clearance. Refer to Chapter 5-41 Nonmedicinal and Medicinal Cannabis Standards.

(6) Administrative Conditional Use Permit.

(7) Wireless Telecommunications Facilities shall not be subject to the CUP requirement for Telecommunications Facilities, as set forth in the above Table, and instead shall be subject to the permit requirements of Chapter 35 of Title 5 of the Simi Valley Municipal Code.

(8) Must be located on a property that does not abut a primary or secondary arterial street as defined by Appendix D of the General Plan.

(9) Overlay District.

(10) For Massage-related regulations, including separation, see SVMC Chapter 5-15.

(11) Outdoor dining areas within 50 feet of a residential zone will require an Administrative Action or Conditional Use Permit with a public hearing.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 4, Ord. 1098, eff. September 28, 2006, § 1, Ord. 1103, eff. November 23, 2006, § 4, Ord. 1107, February 9, 2007, § 2, Ord. 1110, eff. April 6, 2007, § 2, Ord. 1120, eff. December 20, 2007; Exh. A, Ord. 1147, eff. August 20, 2009; § 3 (Exh. B), Ord. No. 1193, eff. July 19, 2012; § 2 (Exh. A), Ord. No. 1221, eff. February 13, 2014; § 2 (Exh. A), Ord. No. 1227, eff. May 29, 2015; § 2 (Exh. A) Ord. 1255, eff. April 14, 2016; § 4(Exh. A), Ord. No. 1270, eff. May 25, 2017; § 5 (Exh. A), Ord. No. 1279, eff. October 30, 2017; and § 5 (Exh. A) Ord. No. 1280, eff. December 14, 2017; § 2 (Exh. A), Ord. No. 1287, eff. April 5, 2018; § 2(Exh. A), Ord. No. 1315, eff. October 19, 2020; § 2(Exh. A), Ord. No. 1316, eff. December 3, 2020; § 2 (Exh. A), Ord. No. 1323, eff. August 26, 2021; § 2(Exh. A), Ord. No. 1327, eff. November 11, 2021; § 2(Exh. A), Ord. No. 1328, eff. November 11, 2021 and § 2(Exh. A), Ord. No. 1341, eff. July 14, 2022)

9-26.040 - Commercial and Industrial District General Development Standards

A.

CO, CN, CR, CC, CPD, CI, LI, and GI Zoning Districts and BP Overlay District. Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-6, in addition to those in Sections 9-26.050 and 9-26.060 as applicable, and the applicable development standards (e.g., landscaping, parking, loading, etc.) in Article 3 (Development and Operational Standards).

B.

RCC and BP districts. Development standards for projects proposed within the RCC and BP districts shall be determined by the applicable specific plan.

TABLE 2-6 - COMMERCIAL AND INDUSTRIAL DISTRICT

GENERAL DEVELOPMENT STANDARDS

TABLE 2-6 - COMMERCIAL AND INDUSTRIAL DISTRICT GENERAL DEVELOPMENT STANDARDS - Continued

(§ 5, Ord. 1085, eff. January 6, 2006 as amended by § 3 (Exh. B), Ord. No. 1193, eff. July 19, 2012)

The height limits established for certain zoning district by Table 2-6 may be modified in compliance with this Section. See also Section 9-30.060 (Height Limits and Exceptions) for additional exceptions applicable to all zoning districts.

A.

Principal structure in the CO, CPD, or Industrial Zones - GI, LI, and CI. A multi-story structure exceeding 48 feet or three stories in height, measured as defined by the California Administrative Code Title 19, shall comply with all of the following standards:

1.

Fire safety provisions. The structure shall be equipped with a Fire Department communication system and an automatic fire sprinkler system.

2.

Helistop. A helistop shall be provided on a structure that exceeds 75 feet in height.

3.

Setback requirements. Independent front, rear, internal, and side yards shall be provided, each with a minimum depth equal to the structure height. The Commission may deviate from these setback standards through the Conditional Use Permit process subject to making appropriate findings relating to either Subsection (A)(3)(a) or (b), below. When deviation from setback requirements is based upon a finding under either Subsection (A)(3)(a) or (b), below, the setback directly related to the finding shall be varied. For example, if the finding is based upon the proximity of the structure to the freeway, only the setback from the freeway may be modified. Other applicable rear, front or side yards with minimum depth equal to the structure height shall apply:

a.

Deviations from setback requirements may be allowed because of proximity of the structure to the Simi Valley-San Fernando Valley Freeway or another commercial/industrial building;

b.

Deviations from setback requirements may be allowed because of an unusual lot configuration if one of the following findings is made:

(1)

Strict application of the setback requirements applicable to structures that exceed 48 feet or exceeding three stories is not possible due to the size or shape of the lot, however the structure has been designed so that the underlying purposes of the setback requirement, i.e., effect on neighboring structures with respect to light, shadows, visibility, solar energy, ventilation, air, noise, safety or privacy, have been satisfied.

(2)

A lot configuration that is such that compliance with the setback standards would result in the owner of the property being unable to make a reasonable use of his property in the manner and for the purposes which other property of like character in the same vicinity and zone can be used.

4.

Traffic Study. A site specific traffic study evaluating traffic impacts of the development on the surrounding street system shall be submitted. The study shall include daily and peak hour traffic generation characteristics of the proposed development, turning movement and peak directional traffic projections, and a traffic volume to roadway capacity comparison at the current traffic level and at traffic levels associated with ultimate General Plan development. The study shall also include potential mitigation measures for projected traffic service levels lower than desirable levels of traffic service.

B.

Principal structures in all zones other than CO, CN, and CPD. A proposed structure may exceed the height limits required by Table 2-6 for a commercial zoning district other than CO, CN, or CPD with Conditional Use Permit approval. To grant the permit, the Commission shall first find that additional height will be compatible with surrounding land uses, and the General Plan and not adversely impact the health, safety or welfare of surrounding property owners.

C.

Accessory structures in all zones associated with outdoor dining areas for restaurants and food retailers. Outdoor dining areas shall comply with the following standards:

1.

Patios for outdoor dining areas associated with restaurants and food retailers may encroach into required setbacks by up to 50 percent as long as the landscaping requirements laid out in SVMC 9-33.030 are met, except where these setbacks are directly adjacent to residential zones. The use of landscape planters, additional detailing and architectural enhancements will be required, as approved by the Director.

2.

Unroofed outdoor dining areas may encroach into required setbacks areas as long as the landscaping requirements laid out in SVMC 9-33.030 are met, except where these setbacks are directly adjacent to residential zones. The use of landscape planters, additional detailing and architectural enhancements will be required as approved by the Director.

(§ 5, Ord. 1085, eff. January 6, 2006; § 3 (Exh. A), Ord. No. 1248, eff. November 12, 2015 and § 2(Exh. A), Ord. No. 1327, eff. November 11, 2021)

9-26.060 - Commercial District Operational Standards and Use Limitations

A.

Standards for all commercial zoning districts.

1.

Enclosed building requirements. All uses shall be conducted within a completely enclosed building, unless the use:

a.

Is specifically listed in Table 2-5 as an outdoor use;

b.

Must be located outdoors due to safety, health, or welfare requirements; or

c.

Is specifically approved by a Planned Development Permit or Conditional Use Permit.

2.

Open storage, rear half of the site. Within the CR, CPD, and CI zones, the open storage of materials or equipment shall be permitted only when incidental to the permitted use on the site; provided that the storage shall be located in the rear half of the site. The storage area shall be screened in compliance with Section 9-44.110 (Outdoor Storage).

3.

Processing. Except in the CI zone and for the alcoholic beverage manufacturing facilities, not more than five employees shall be involved in the permitted manufacturing, processing, or packaging of product. These activities shall be permitted in commercial zones only as an accessory use to a principal use.

4.

Retail establishments. Retail establishments may include accessory wholesaling, but not wholesale distribution centers.

5.

Shopping carts. Shopping carts shall be stored within the retail building, provided that any proposal to store shopping carts outside shall comply with the following:

a.

The carts shall be stored adjacent to the exterior building wall and be completely screened. For a retrofit project, if the carts are to be stored away from the building to allow pedestrian passage between the building wall and the carts, walls shall enclose and screen the in-line shopping carts.

b.

Screening shall be accomplished by a wall a minimum of 42 inches high, or a wall and a planter combination a minimum of 42 inches high. The screening shall be architecturally compatible with the retail building.

B.

CC zoning district standards.

1.

Procedure. No use shall be established or structure constructed in the CC zone unless the use or structure has been approved by the Council through the issuance of a Civic Center Development Permit, which shall be subject to the same procedures as a Conditional Use Permit (Section 9-52.070).

2.

Fees. Each application for a Civic Center Development Permit shall be accompanied by the fee required by the Council's Fee Resolution; provided that no fee shall be required for any application filed on behalf of the City or a joint powers authority of which the City is part.

C.

CI zoning district use limitations. Uses involving the following types of activities and elements are prohibited within the CI zoning district:

1.

Outdoor storage of materials or equipment as a principal or accessory use, except as provided by an approved Planned Development Permit or Conditional Use Permit;

2.

Explosives in any form; and

3.

Noxious or dangerous gases, odors, fumes or smoke.

D.

Minimum site area for multi-tenant retail centers. The establishment of a retail center with more than one store, shop, business, or service on a site of one-acre or smaller is prohibited. Minimum site area shall be measured before the site dimensions are reduced through any right-of-way or easement dedications required in connection with a building permit.

(§ 5, Ord. 1085, eff. January 6, 2006 and § 2(Exh. A), Ord. No. 1328, eff. November 11, 2021)

9-26.070 - Industrial District Operational Standards and Use Limitations

A.

Industrial performance standards. The following industrial performance standards describe the maximum allowable levels of the operational characteristics resulting from processes or other uses of property. Continuous compliance with these standards shall be required of all uses in all industrial zones, except as otherwise provided by this Section.

1.

Guidelines for objectionable factors. The following should be maintained at levels that are appropriate for the zone and geographic area when its use is in its intended operation.

a.

Smoke, odors, vapors, gases, acids, fumes, dust, dirt, fly ash, or other forms of air pollution;

b.

Noise, vibration, pulsations, or similar phenomena;

c.

Glare or heat;

d.

Radioactivity or electrical disturbance.

The point of measurement for these factors should be at the lot or ownership line surrounding the use.

2.

Hazardous materials. All activities involving the use or storage of combustible, explosive, caustic or otherwise hazardous materials shall comply with all applicable State and Federal safety devices against the hazard of fire and explosion, and adequate firefighting and fire suppression equipment in compliance with Ventura County Fire Protection District Regulations. The burning of waste materials in open fires without written approval of the Fire District is prohibited.

Liquid and solid wastes. Liquid or solid wastes discharged from the premises shall be properly treated prior to discharge so as not to contaminate or pollute any watercourse or groundwater supply or interfere with bacterial processes in sewage treatment. The disposal or dumping of solid wastes, such as slag, paper and fiber wastes, or other industrial wastes shall not be permitted on any premises.

4.

Exceptions. Exceptions to these regulations may be made during brief periods for reasonable cause, such as breakdown or overhaul of equipment, modification or cleaning of equipment, or other similar reason, when it is evident that such cause was not reasonably preventable. These regulations shall not apply to the operation of motor vehicles or other transportation equipment unless otherwise specified.

B.

Industrial district land use limitations. The following activities are limited as shown.

TABLE 2-7. INDUSTRIAL DISTRICT LAND USE LIMITATIONS

C.

Industrial development standards. The following standards apply in addition to all applicable provisions of this Chapter and Article 3, and shall apply to proposed development in all industrial zones, except as otherwise provided in these regulations:

1.

Architectural treatment. All sides of industrial buildings shall be architecturally treated to produce an aesthetically pleasing facade which is of a design compatible with surrounding industrial buildings and the character of the community.

2.

Enclosed building requirements. All uses shall be conducted within a completely enclosed building, unless the use is specifically listed in Section 9-26.030 (Commercial and Industrial District Land Uses and Permit Requirements) as an outdoor use, is one which must be located outdoors due to safety, health or welfare requirements, or is specifically approved by a Planned Development or Conditional Use Permit.

3.

Trash enclosures. Each project shall contain a sufficient number of enclosures to screen bins for collection of discards pursuant to the provisions of Chapter 9-35 (Recyclable Material and Discard Collection Containers and Facilities).

D.

BP zone. The regulations for the BP zone will be developed as part of the applicable specific plan. No specific plan shall be approved unless it addresses the applicable items in this Section.

1.

Enclosure required. Activities and operations shall be enclosed within buildings, except as otherwise

permitted. The Director is authorized to determine the reasonable application of this provision in cases of operation hardship or other showing of special circumstances.

2.

Multi-tenant building design. Multi-tenant buildings are permitted, provided that the building is designed to appear as a single building with a unified design.

E.

LI zone. The following regulations shall apply to the LI zone:

1.

Enclosure required. Activities and operations shall be enclosed within buildings, except as otherwise permitted in this Development Code.

2.

Multi-tenant building design. Multi-tenant buildings are discouraged but may be permitted, provided that the building is designed to appear as a single building with a unified design when viewed from any public street.

3.

Metal buildings. Principal buildings constructed of metal shall require review and approval by the Commission. Accessory buildings of metal shall have exterior surfaces of a stainless steel, aluminum, painted, baked enamel or similarly finished surface.

4.

Storage.

a.

Accessory outside storage shall be confined to the rear of the principal building or the rear two-thirds of the property, whichever is the more restrictive, and screened from view from any property line by appropriate

walls, fencing, earth mounds or landscaping. Whenever an industrially zoned parcel adjoins a residentially zoned parcel, outside storage shall be located farthest from the residentially zoned property. (Refer to Section 9-44.110(B) for Outdoor Storage Standards.)

b.

Storage areas, including those for all hazardous wastes, shall be located within a secure facility or container. Areas used for the storage of hazardous materials shall be concrete with an impermeable sealed surface, surrounded by a berm to form an area of secondary containment large enough to capture the storage capacity of the largest container.

5.

Retail sales and services.

a.

Where allowed. Retail sales and service uses incidental to a principal use are allowed provided that:

(1)

The operations are housed as a part of the building or buildings comprising the basic operations;

(2)

Retail sales represent less than 20 percent of the gross receipts of the company, except for alcoholic beverage manufacturing facilities as referenced under SVMC Section 9-44.085. Receipts and/or other proof of the percentage of gross receipts shall be provided to the City upon request.

(3)

No retail sales or display of merchandise occurs outside of the building; and

(4)

The retail products sold on the site are manufactured, warehoused, or assembled on the premises.

b.

Conditional Use Permit required.

(1)

Conditional Use Permit approval shall be required when retail sales and service incidental to a principally permitted use that conforms to all the standards of this Subsection represent more than 20 percent but less than 50 percent of the gross receipts of the business. Receipts and/or other proof of the percentage of gross receipts shall be provided to the City upon request.

(2)

The Commission may grant CUP approval when it finds that the retail use is compatible with surrounding land uses and appropriate to the intent of the industrial zone. Parking as required by Chapter 9-34 (Parking and Loading Standards) shall be provided for the area devoted to retail sales in addition to the parking required for the industrial activity.

F.

GI zone. The following regulations shall apply to the GI zone, in addition to those provided in Subsection E, above, for the LI zone.

Retail sales and services. Retail sales and service incidental to a principal use shall comply with the requirements of Subsection (E)(5), above.

(§ 5, Ord. 1085, eff. January 6, 2006 and § 2(Exh. A), Ord. No. 1328, eff. November 11, 2021)

Chapter 9-28 - Overlay Zoning Districts*[[1]]

Footnotes:

--- ( 1 ) ---

• Prior ordinance history: Ord. 1085, effective January 6, 2006.

This Chapter regulates new and existing structures and land uses in the overlay zoning districts established by Section 9-20.020 (Zoning Districts Established). The provisions of this Chapter provide guidance for development in addition to the standards and regulations of the primary zoning districts, where important site, environmental, safety, compatibility, or design issues require particular attention in project planning.

(Amended during 3-07 supplement)

The provisions of this Chapter apply to proposed land uses and development in addition to all other applicable requirements of this Development Code. In the event of any perceived conflict between the provisions of this Chapter and any other provision of this Development Code, the most restrictive shall apply.

A.

Mapping of overlay districts. The applicability of any overlay zoning district to a specific site is shown by the overlay Zoning Map symbol established by Section 9-20.020 (Zoning Districts Established) being appended as a suffix to the symbol for the primary zoning district (for example, RMod-FC).

B.

Allowed land uses, permit requirements, and development standards. Except as may be otherwise provided for a specific overlay district:

1.

Any land use normally allowed in the primary zoning district by this Development Code may be allowed within an overlay district, subject to any additional requirements of the overlay district;

2.

Development and new land uses within an overlay district shall obtain the land use permits required by this Development Code for the primary zoning district; and

3.

Development and new land uses within an overlay district shall comply with all applicable requirements of the primary zoning district.

(Amended during 3-07 supplement)

A.

Purpose. The A (Farm Animal), L (Limited Farm Animal) and H (Horse) overlay zoning districts are intended to identify areas within the City where farm animals (for example, horses, cows, steers, bulls, pigs and swine, goats and sheep, bees, poultry and similar ground birds, rabbits and non-carnivorous fur-bearing animals, turkeys, and other birds) may be raised and maintained. These zones allow recognition of specific areas and developments within the City that are farm animal oriented because of their rural-like settings or common equestrian themes. These overlay zoning districts are intended to provide large discrete areas for the keeping of farm animals or horses only, that avoid the common incompatibility problems associated with animal keeping on isolated and dispersed parcels, and formally identify portions of the City that are intended to remain animal areas over the long term.

B.

Allowed land uses. Any land use normally allowed in the primary zoning district may be allowed within the A, L, and H overlay districts subject to the land use permit requirements of the primary district. Animal keeping shall comply with the standards in Section 9-44.060 (Animal Keeping).

C.

Development standards. Proposed development and new land uses within the A, L, and H overlay districts shall comply with all applicable requirements of the primary zoning district. Animal keeping shall comply with the standards in Section 9-44.060 (Animal Keeping).

(Amended during 3-07 supplement)

9-28.040 - Freeway Combining (FC) Overlay District

A.

Purpose. The FC (Freeway Combining) overlay zoning district is intended to regulate residential development along the freeway corridor in an effort to minimize the number of people impacted by the negative elements of the freeway. The FC overlay zone is established in recognition of the fact that residential development near the Simi Valley Freeway requires special consideration in construction and design. These special standards are meant to provide acoustic and visual protection for residents of dwellings to be constructed within the freeway impacted area as well as enhance the appearance of the freeway corridor through the City.

B.

Allowable land uses and permit requirements. Any land use normally allowed in the primary zoning district may be allowed within the FC overlay district subject to the land use permit requirements of the primary district. The following may also be allowed with Conditional Use Permit approval:

1.

Commercial recreation facilities - indoor;

2.

Commercial recreation facilities - outdoor; and

3.

Dinner house restaurants.

C.

Development standards. The following standards shall be implemented by the review authority primarily in terms of performance. The specific requirements for any particular property shall be determined by considering all of the information and the specific conditions which affect a particular site and mitigating those conditions to meet the following standards.

Proposed development shall incorporate building and site planning techniques to decrease noise and air pollution impacts on residential uses within the FC overlay district. Materials used and design for exterior walls, windows, doors, and other structural components shall be constructed and installed to achieve the maximum protection from freeway generated noise and air pollution.

1.

Exemption. The construction of one dwelling unit on a parcel that was legally recorded prior to July 21, 1986 shall not be required to meet the exterior noise standards of this Section.

2.

Acoustical report. Plans submitted to the City for proposed residential development shall include an acoustical report prepared and certified by a qualified engineer. The report shall include a noise survey indicating present and 2020 projected noise levels on the proposed building site. Data shall include noise levels at peak hour and late evening/early morning time periods. If the readings are averaged, a maximum

one-hour averaging period shall be used. The noise sample data shall be approved by City staff to verify that representative noise sampling points have been included. Noise mitigation measures shall be included as part of the development plans. Noise attenuation measures shall be identified (e.g., barriers, landscaping, separation distance, walls, etc.) in addition to identification of the dBA reduction provided by each measure.

3.

Ambient noise levels. Ambient noise levels for new residential developments within the FC overlay district shall not exceed 60 dBA for exterior areas and 45 dBA for interior areas based on 2020 traffic projections.

4.

Soundproofing. Structural soundproofing shall be provided for dwelling units that are projected to have a higher interior noise level than 45 dBA in 2020. The amount and type of wall, roof, and window soundproofing shall be sufficient to maintain a maximum ambient noise level in living areas no greater than 45 dBA using projected 2020 traffic figures, with all windows, doors and other openings closed. Soundproofing techniques shall include the following:

a.

Where windows face the freeway or an access ramp, double-paned and double-strength windows, manufactured and installed to specifications that prevent any sound being generated by window vibration caused by heavy vehicle movement on the freeway;

b.

Acoustically designed doors, with gasketed stops and an integral drop seal;

c.

Insulation within the exterior walls of living areas that will provide a sufficiently high sound transmission class (STC) to lower the interior ambient noise level to 45 dBA;

d.

Special soundproofing insulation and design features within roofs and ceilings to meet the 45 dBA interior ambient noise level requirement; and

e.

Air conditioning to serve all living areas in all new dwellings within 250 feet of the freeway right-of-way. Dwellings beyond 250 feet but within 700 feet of the right-of-way shall be designed so that spaces for furnaces and utility ducts are large enough to accommodate the future installation of central air conditioning.

D.

Development guidelines.

1.

Landscape/wall buffering. Development adjacent to the freeway and freeway access ramps should provide decorative block walls, dense landscaping, and mounding/earth berms within a buffer strip where determined by the Review Authority to be appropriate, to ensure the maximum protection from freewaygenerated noise and particulate emissions. The specific standards for landscape buffer strip widths, wall and planting heights, and other improvements should be determined during the City's development review process. Applicants and the City should coordinate landscape buffering plans with Caltrans. Applicants should also consult with the City's Landscape Architect regarding appropriate plant materials and planting locations.

2.

Project design. Site design and placement of dwelling units should consider noise impacts and views from the dwellings units to the freeway. Structures should be located on the site in a manner that will protect them from noise impacts and undesirable freeway views to the maximum extent feasible, as determined by the Review Authority based on substantial evidence provided by the Applicant. Noise sensitive rooms such as bedrooms should be located as far away from the freeway corridor as possible by placing nonresidential land uses such as parking lots, storage and utility areas adjacent to the freeway corridor. Applicants should cluster dwelling units where appropriate to create additional common open space to be used to increase the buffer between dwelling units and the freeway corridor.

(Amended during 3-07 supplement)

9-28.050 - Sexually Oriented Business (SB) Overlay District

A.

Limits of zone. The boundaries of the Sexually Oriented Business Overlay Zone shall be defined by the City's Official Zoning Map (See Section 9-20.030).

B.

Permitted Uses.

1.

Except as otherwise allowed by any underlying base zoning district within the Sexually Oriented Business Overlay Zone, only businesses which have a valid sexually oriented business regulatory permit and a Zoning Clearance may operate a sexually oriented business, as defined in Title 5, Chapter 8 (Sexually Oriented Businesses) of the Municipal Code. This zoning district does not permit or authorize any other use of land or premise, except as may be permitted by the underlying zoning, at such times and under such conditions so as to be consistent with the uses permitted in the Sexually Oriented Business Overlay Zone.

2.

Procedures and conditions for permits. Any person seeking to open and operate a sexually oriented business shall be in conformance with Title 5, Chapter 8 (Sexually Oriented Businesses).

C.

Buffer distance from Oak Park. No sexually oriented business shall be established or located within 500 feet of Oak Park. Measurement of distances shall be a straight line from the nearest property line of Oak Park to the primary entrance of the proposed sexually oriented business.

D.

Separation between sexually oriented businesses. No sexually oriented business shall be established or located within 500 feet of any other sexually oriented business. Measurement of distances shall be a straight line from the primary entrance of one sexually oriented business to the primary entrances of all other sexually oriented businesses.

E.

Application and review process.

1.

All sexually oriented businesses shall be required to submit a sexually oriented business site plan review application. The sexually oriented business site plan review is an administrative permit based on a ministerial decision by the Director of Environmental Services or his/her designee without a hearing. The sexually oriented business site plan review certifies that the proposed use of land or structure meets all the requirements of this Chapter and, if applicable, the conditions of any previously approved development permit for the site.

2.

Sexually oriented business site plan review applications shall be evaluated against all applicable commercial development standards identified in this Chapter.

3.

Commercial Planned Development Zone standards shall be used to determine lot area and coverage, setbacks, height, and landscape coverage.

4.

Parking shall be calculated based on the commercial uses of the property.

5.

All sexually oriented businesses shall be required to meet the above distance and separation requirements on the date an application is submitted. Once an application is submitted, any new application for a sexually oriented business shall meet the distance and separation requirements based on any existing sexually oriented business and any previously proposed sexually oriented business, for which an application is pending, but not yet approved.

6.

If all zoning ordinance requirements are met, the sexually oriented business site plan review application will be approved.

7.

Notwithstanding any other provisions of this Code, the ministerial decision on a sexually oriented business site plan review application is non-appealable.

(Amended during 3-07 supplement)

The standards for any base zone may be modified by the addition of the Specific Plan (SP) designation. This designation indicates that the land is controlled by a formally adopted Specific Plan which may impose zoning or development standards that are more or less restrictive than those specified by the SVMC. In those cases, the applicable Specific Plan shall be consulted for development standards and other regulations which are different than those of the SVMC. Standards or regulations not addressed by the Specific Plan shall comply with the standards and regulations of the SVMC.

(Amended during 3-07 supplement)

Editor's note— Ord. No. 1361, § 2(Exh. A), adopted Dec. 2, 2025, effective January 3, 2025 repealed § 9- 28.070, which pertained to Tapo Area Planning Overlay (TAPO) and Los Angeles Avenue Planning Overlay (LAAPO) Districts and derived from Ord. No. 1207 effective March 28, 2013; Ord. No. 1341, effective July 14, 2022.

The purpose of the MU Overlay District designation is to create opportunities within the City to provide for a compatible mix of land uses, including residential, retail, and offices. The Mixed-Use Overlay allows properties to be developed with commercial retail or offices uses on the ground floor and housing on the second floor or above; a mix of differing land uses distributed horizontally on a site; or a single land use. Mixed-Use developments strengthen the City's economic base, foster pedestrian-oriented activity, and reduce the need for automobile travel by providing a variety of goods, services, and jobs within walking distance of residences. The MU Overlay prescribes the boundaries of the area within which a specialized set of design standards and guidelines shall apply. The goal is to achieve high quality, pedestrian-oriented development through innovative application of the Citywide Design Guidelines, Residential Design Guidelines, and Landscape Design Guidelines. This zone in no way modifies the land uses permitted by the underlying zoning, except that properties that are developed for a mixture of commercial and residential uses (rather than a single-use development) must meet the standards for the Mixed-Use Overlay District, which are listed in Section 9-44.105. Single-use developments must meet development standards prescribed for that land use type (i.e., commercial retail development must meet all required commercial development standards).

==> picture [409 x 310] intentionally omitted <==

Figure 2-4, Tapo Street Corridor

Area A

• Vertical mixed-use development, with commercial on the ground floor and residential on the upper floors

• General Commercial

• Office Commercial

• Very High Density Residential

Area D

• Three-story vertical mixed-use development, with commercial and residential

• General Commercial

• Office Commercial

• Very High Density Residential

==> picture [420 x 261] intentionally omitted <==

Figure 2-5, Los Angeles Avenue Area

Area B

• Vertical mixed-use development to include housing, commercial, and entertainment uses

• General Commercial

• Very High Density Residential

==> picture [408 x 183] intentionally omitted <==

Figure 2-6, Los Angeles Avenue Transit-Oriented Development and Industrial Area

Area B

• Vertical mixed-use with residential located above ground floor retail or office uses

• General Commercial

Area C

• Vertical mixed-use development with residential located above ground floor retail or office uses

• General Commercial

• Commercial Office

(Amended during 3-07 supplement as amended by § 3 (Exh. B), Ord. No. 1192, eff. July 19, 2012, § 3 (Exh. B), Ord. No. 1193, eff. July 19, 2012and § 2(Exh. A), Ord. No. 1361, eff. January 3, 2025)

The purpose of the BP Overlay District is to provide the opportunity for business park development and office activities in campus environments within existing industrial areas of the City (see Figures 2-7, 2-8, 2- 9, and 2-10). Development sites within this Overlay will be of varying sizes to accommodate both single and multiple user development and will provide flexibility for new development that meets the requirements for industrial or business park uses. Such uses include high performance manufacturing and assembly, administrative offices, laboratories, research and development facilities, and supporting services, such as financial services, and accessory retail uses and restaurants. Properties that are developed for business park uses (rather than the underlying industrial zone) must meet the standards for the Business Park Overlay District, which are listed in Sections 9-26.040 and 9-44.065.

==> picture [409 x 223] intentionally omitted <==

Figure 2-7, Tapo Street Corridor

==> picture [409 x 242] intentionally omitted <==

Figure 2-8, West End Specific Plan Area

==> picture [409 x 282] intentionally omitted <==

Figure 2-9, Easy Street Industrial Area

==> picture [408 x 213] intentionally omitted <==

Figure 2-10, Los Angeles Avenue Transit-Oriented Development and Industrial Area

(§ 3 (Exh. B), Ord. No. 1193, eff. July 19, 2012and § 2(Exh. A), Ord. No. 1361, eff. January 3, 2025)

9-28.090 - New Vehicle Dealer (NVD) Overlay District

A.

Limits of zone. The boundaries of the New Vehicle Dealer (NVD) Overlay District shall be defined by the City's Official Zoning Map (See Section 9-20.030).

B.

Purpose. The Purpose of the NVD Overlay District is to create an area within the City where new vehicle dealers, including new recreational vehicle dealers, may display signage and conduct promotional events beyond the currently adopted Development Code standards. Vehicle dealers are specialized retailers that rely heavily on nationwide product advertising and promotional events, which are often in excess of the City's Development Code standards. The NVD Overlay District relaxes architectural, signage, and temporary use standards to promote vehicle sales in the City and to allow dealers to remain competitive in the region.

C.

Allowed land uses and permit requirements/permitted uses. Any land use normally allowed in the primary zoning district may be allowed within the NVD Overlay District subject to the land use permit requirements of the primary district.

D.

Development standards. All land uses in the NVD Overlay District classified as new auto and vehicle sales or new recreational vehicle dealers must comply with all applicable provisions of this Development Code and the following provisions:

Promotional activities. Promotional activities must comply with Subsection 9-52.080 (I)(5) (Limited sidewalk sales or displays, extensive promotional commercial activities, and holiday seasonal sales) with the following exceptions:

a.

Temporary Use Permits or fees shall not be required.

b.

There are no limits to the number of events or number of days that promotional activities may occur except under subsection c.

c.

The use of amplified music requires a Temporary Use Permit, which is subject to project conditions and the City's Noise Ordinance.

d.

Large balloons/inflatables may be displayed on the ground (not to exceed 30 feet in height). Signage may be attached to the balloons/inflatables.

2.

Temporary signage. Temporary signage must comply with SVMC Section 9-37.070, with the following exceptions:

a.

Temporary sign permits or fees are not required. There is no limit on temporary sign posting duration.

b.

There are no quantity limits to temporary signs.

c.

Freestanding and on-building temporary signs must be limited to 50 square feet, except up to three signs may be up to 300 square feet each.

d.

Temporary signs up to 12 square feet in size may be attached onto display vehicles. No more than one sign per vehicle is allowed.

e.

Temporary signs up to 24 square feet in size are allowed to be displayed on on-site light poles. No more than two signs per light pole are allowed. Signs must not be located in or above the public right-of-way, or be installed above the height of the light pole.

f.

Temporary signs up to 120 square feet in size may be attached to on-site light standards, streamers, vehicles, and fences, but may not be attached to landscaping (these signs count toward the three signs over 50 square feet in size allowed by subsection c. above).

g.

Temporary signs may be posted no closer than two feet of the property line/street right-of-way, except when these signs are on a parking light pole in which case they must be a least ten feet above grade and not higher than the light pole.

3.

Permanent signage. Permanent signage must comply with Section 9-37.060, with the following exceptions:

a.

For each allowed Monument Business Center Sign or Monument Individual Tenant Space Sign, the maximum sign height is 25 feet and the maximum sign size/area is 100 square feet.

b.

Each new vehicle dealership is allowed one freestanding Electronic Changeable Copy Sign in lieu of or incorporated into one of the allowed freestanding signs pursuant to SVMC Section 9-37.060. For Electronic Changeable Copy Signs fronting First Street, the maximum height shall be 16 feet and the total area allowed for electronic display shall be limited to 40 square feet. For signs abutting residential zones, the hours of operation are limited to 7:00 a.m. to 10:00 p.m. For all other locations of Electronic Changeable Copy Signs within the NVD Overlay District, the signs must be text only and comply with SVMC Section 9- 37.050 (G) "Electronic changeable copy sign standards."

c.

The maximum brightness of Electronic Changeable Copy Signs must not exceed an illumination of 5,000 nits (candelas per square meter) during daylight hours, and must not exceed 500 nits between dusk to dawn, as measured from the sign's face at maximum brightness. The sign must be equipped with both a dimmer control and a photocell, which automatically adjusts the display's intensity according to ambient daylight conditions. Prior to the issuance of a sign permit, the applicant must provide written certification from the sign manufacturer that the light intensity has been factory pre-set not to exceed 5,000 nits and that the intensity level is protected from end-user manipulation as deemed appropriate by the Director.

4.

Corporate architecture. Appropriate corporate architecture is allowed in the NVD Overlay District, in order to promote corporate identities and to encourage regional competition with other dealers outside the area. By allowing vehicle dealer franchise designs, it increases the visibility of the NVD Overlay District and separates this area from the surrounding commercial areas.

(§ 3, Ord. 1129, eff. June 5, 2008 as amended by § 2 (Exh. A), Ord. No. 1194, eff. July 19, 2012, and § 2 (Exh. A), Ord. No. 1212, eff. May 9, 2013)

A.

Limits of zone. The boundaries of the Hospital-Medical Overlay District shall be defined by the City's Official Zoning Map (Refer to SVMC Section 9-20.030).

B.

Purpose. The purpose of the Hospital-Medical Overlay District is to promote a medical campus setting by creating specific development standards for hospital and medical uses within the District's boundaries. This includes additional sign standards to convey directional information for locating the availability of routine and urgent medical services within the Simi Valley Hospital vicinity, thus promoting full-service hospital facilities and related medical services within the City of Simi Valley. In addition, the Hospital-Medical Overlay District provides standards for expanded parking locations, storage container setbacks, and buffering. The standards account for existing site conditions and restraints, as well as to facilitate future development potential.

C.

Allowed land uses and permit requirements/permitted uses. Any land use normally allowed in the primary zoning district is allowed within the Hospital-Medical Overlay District subject to the land use permit requirements of the primary district.

D.

Development standards. All land uses in the Hospital-Medical Overlay District must comply with all applicable provisions of this Development Code and the following provisions:

1.

Permanent signage. Permanent signage must comply with SVMC Section 9-37.060, with the following exceptions:

a.

For each parcel with a Planned Development or Conditional Use Permit, the maximum Monument Sign height is 10 feet and the maximum Monument Sign area is 40 square feet.

b.

The maximum number of Monument Signs for each parcel with a Planned Development or Conditional Use Permit is one per vehicular driveway from a street. Sign locations must be outside of traffic line-of-sight areas.

c.

In addition to the Ancillary Signs permitted in SVMC Section 9-37.060.B (Table 3-10), the main Hospital property (located at the northwest corner of Sycamore Drive and Jones Way) is permitted up to six additional Ancillary Signs with a maximum sign height of 7'-6" and a maximum sign area of 40 square feet each. Each other parcel with a Planned Development or Conditional Use Permit is permitted three additional Ancillary Signs with a maximum sign height of 7'-6" and a maximum sign area of 40 square feet each. Sign locations must be outside of traffic line-of-sight areas.

2.

Temporary signage:

a.

Temporary blade-type signs up to 12 square feet in area are allowed to be displayed on 25 percent of the parking lot light poles within the main hospital parking lot. No more than two signs per light pole are allowed. Signs must have horizontal support members. Signs must not be located in or above the public right-of-way, be installed above the top of the light pole, or strung between light poles, vehicles, or landscaping. Sign display is limited to a maximum of four, 60-day periods per calendar year and subject to approval of a Temporary Sign Permit.

b.

Two temporary banners up to 300 square feet each in sign area are allowed to be displayed on the main hospital building at 2975 Sycamore Drive. The location on the building and method of installation for each temporary banner is at the discretion of the Director of Environmental Services based upon the protection of the public health, safety, and welfare. This Subsection 9-28.100.D.2.b shall automatically expire on December 31, 2015, unless extended by the City Council.

3.

Electronic Changeable Copy Signs. The main Hospital is permitted one electronic changeable copy sign, with no animated motion, not to exceed 12 square feet in size. The sign must be located immediately adjacent to the main hospital emergency room entrance and must not be visible from any street.

4.

Location of parking. If the parcel(s) of the proposed use and the parking lot are under the same ownership, required and surplus off-street parking is permitted to be located on a parcel(s) contiguous to, or across a street from, the use to be served.

5.

Storage containers and screen walls within setback areas. Storage containers used primarily for storage of emergency supplies are permitted within the main Hospital service area as located within the 20-foot setback area on the south side of Avenida Simi, provided the containers are fully screened from Avenida Simi by a masonry wall. Decorative masonry screen walls not exceeding 10 feet in height are permitted within the setback area along the south side of Avenida Simi adjacent to the Hospital service area and memorial garden.

6.

Buffer requirements. The buffer requirement between residential-zoned properties and commercial-zoned Overlay District properties north of Avenida Simi is permitted to consist of a six-foot high wroughtiron/tubular-steel fence in lieu of the six-foot high masonry wall requirement, per Section 9-33.030.H, along the northern property line where there is a slope at least 10 feet higher than the adjacent building pad elevation. In lieu of Section 9-33.030.H.2, buffer trees may consist of one 24-inch box tree for each 150 square feet of required landscape buffer area.

(§ 3 (Exh. B), Ord. No. 1175, eff. September 8, 2011 and § 3 (Exh. A, Ord. No. 1237, eff. March 26, 2015)

Article 3 - Development and Operational Standards

Chapter 9-30 - General Property Development and Use Standards

This Chapter expands upon the requirements of Article 2 by addressing additional details of site planning, project design, and the operation of land uses, to ensure that proposed development produces an environment of stable and desirable character, is compatible with existing and future development in the vicinity, and protects the use and enjoyment of neighboring properties, consistent with the General Plan and any applicable specific plan.

(§ 5, Ord. 1085, eff. January 6, 2006)

The requirements of this Chapter shall apply to all proposed development and new land uses, except as specified in Chapter 9-72 (Nonconforming Uses, Structures, and Parcels), and shall be considered in combination with the standards for the applicable zoning district in Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), and those in Article 4 (Standards for Specific Land Uses). If there is a conflict, the standards in Article 4 shall control.

(§ 5, Ord. 1085, eff. January 6, 2006)

A.

Development criteria. Factors including the following may be considered by the review authority in establishing permit conditions, and in determining appropriate intensity of development and time limitations, including residential densities, for the site of a proposed project:

1.

Freeway corridor development. Development in the freeway corridor between Alamo and Cochran Streets, shall comply with the following requirements:

a.

All accessory buildings shall incorporate design elements, including roof configuration and pitch, materials and colors, similar to the main structure for which the permit was granted.

b.

The use of a flat roof design is discouraged and shall be minimized to the maximum extent feasible.

2.

Screening of mechanical equipment. No roof-mounted air conditioning or heating equipment shall be visible from view from abutting lots, streets, or roadways. This shall be accomplished through the extension of the main structure or roof or other architecturally compatible features.

3.

Roof design and materials.

a.

Roofs (including mansard roofs) shall be built up to a height sufficient to shield mechanical equipment.

b.

Where wood shakes are not permitted because of fire hazard or are requested to be replaced because of damage or age, acceptable substitute materials in lieu of wood shakes, irrespective of Planned

Development Permit Conditions relative to roofing materials, shall include barrel tiles, lightweight clay or concrete tiles, molded composites of cement and wood fiber or molded composites of perlite, cement and acrylic fibers and asphalt composition shingle roofing material weighing 300 pounds or more per square (one square equals 100 square feet of roof coverage). Structural support for acceptable substitute roofing materials shall meet Uniform Building Code Standards. Fire retardant treated wood shakes are an acceptable roofing material where no fire hazard exists. Substitution of acceptable materials for wood shakes in compliance with this standard shall be considered equivalent and require no further discretionary review.

c.

Asphalt composition shingles replacing wood shake roofing shall be substantially overlapped to provide a shadow detailing to the roof appearance.

d.

Asphalt composition shingles replacing wood shake roofing shall be of a color resembling natural roofing materials, such as wood and terra cotta tile.

4.

Trash enclosures. Each project shall contain a sufficient number of enclosures to screen bins for collection of discards in compliance with Chapter 9-35 (Recyclable and Discard Material Containers and Facilities) of this Article.

5.

Landscaping. Landscaping should be installed in accordance with the principles as demonstrated in the City's Landscape Design Guidelines.

6.

Walls and fences. Walls and fences shall reflect the overall design theme of the project and consist of the following designs:

a.

Decorative block, such as slumpstone or splitface block, with cap;

b.

Plain block with cap, stuccoed to reflect the general design theme;

c.

Theme pilasters and wrought iron;

d.

Wood fences are permitted only in residential areas. Wood fences shall be of adequate and sound design as determined by the Deputy Director/City Planner;

e.

Chain link fences are not allowed, unless required by Caltrans or the Ventura County Watershed Protection District;

f.

Vinyl fences are permitted only in residential areas and must be installed per the manufacturer's requirements. Vinyl fences shall be constructed with steel-reinforced rails, metal stiffeners, or similar materials to reduce bowing and sustain high wind loads.

B.

Sewage disposal. Sewage disposal for all requested uses and structures shall be provided by means of a system approved by the Department of Public Works.

C.

Fire protection. Dwellings shall comply with all applicable fire protection requirements of the Ventura County Fire Protection District, including all requirements for construction within High Fire Hazard Areas.

(§ 5, Ord. 1085, eff. January 6, 2006 as amended by Exh. A, Ord. 1165, eff. November 11, 2010; § 2 (Exh. A), Ord. No. 1282, eff. December 11, 2017; § 2(Exh. A), Ord. No. 1315, effective October 19, 2020; § 2(Exh. A), Ord. No. 1316, effective December 3, 2020 and § 2(Exh. A), Ord. No. 1341, eff. July 14, 2022)

Each exterior light fixture and light source shall comply with the following standards:

A.

Each commercial, industrial, and single- and multi-family residential light fixture shall be designed, constructed, and maintained to ensure that light is directed away from any adjacent use, and to ensure that there shall be no illumination or glare from the exterior lighting system onto adjacent properties or streets.

B.

Flashing lights are strictly prohibited.

C.

In order to comply with the above requirements of this Section, each plan for construction of a building with outside parking and lighting shall include the following:

1.

An exterior lighting (photometric) plan consisting of a point-by-point foot candle layout (based on a 10-foot grid center) extending a minimum of 20 feet outside the property lines, prepared by a California-registered electrical engineer.

2.

The maximum overall height of each fixture located within 100 feet of a residentially zoned or developed parcel shall be not more than 14 feet, and shall not be more than 20 feet in all other areas.

3.

Fixtures shall possess sharp cut-off qualities at property lines. No exposed lenses shall be used.

4.

There shall be no more than a 7:1 ratio (maximum to minimum) level of illumination shown between lighting standards.

5.

Low pressure sodium lighting fixtures are prohibited.

6.

Illumination intensity shall comply with the SVMC Title 8, Chapter 21 (Security Standards for Buildings).

(§ 5, Ord. 1085, eff. January 6, 2006 as amended by § 2(Exh. A), Ord. No. 1341, eff. July 14, 2022)

9-30.050 - Height and Location Requirements for Fences, Walls, Hedges, and Other Structures

This Section addresses all fences, walls, hedges, vegetation, mounds, hardscaping, and other structures, except for the exclusions listed in Subsection B, below. These structures will be referred to as "fences, walls, and hedges," and shall comply with the applicable provisions of this Section. For sign height requirements, see Chapter 9-37 (Signs).

A.

Height requirements.

1.

Within the Traffic Safety Sight Area (TSSA), for all zones.

a.

Within the TSSA, as defined in Article 8 (Definitions), and within the public right-of-way, no fences, walls, or hedges over 24 inches high measured from the top of the nearest street curb (street level, if no curb) are allowable without a permit authorized by law (encroachment permit).

b.

Within the TSSA and located on private property, no fences, walls, or hedges over 36 inches high measured from the top of the nearest street curb (street level, if no curb) are allowable without a permit authorized by law.

2.

Outside the TSSA, for residential zones only.

a.

Within the front yard setback, no fence, wall, or hedge shall exceed 42 inches in height and no see-through fence shall exceed six (6) feet in height. A combination of fence, wall, or hedge and see-through fence shall be permitted, said design subject to approval by the Planning Director, in which the solid fence, wall, or hedge does not exceed 42 inches and the total height, including see-through fence, does not exceed six (6) feet in height. However, a maximum six (6)-foot high solid landscaped hedge may be permitted at the side property line with a setback not less than 10 feet from the front property line. Measurement shall be from the top of the highest adjacent grade. Chain-link fences are not allowed, pursuant to Section 9- 30.030.A.6.e.

==> picture [408 x 239] intentionally omitted <==

b.

Property line fences and walls outside of the front setback, may not exceed six feet in height as measured from the highest adjacent grade, unless authorized by law.

c.

Retaining walls within the front or street facing side setback may not exceed 36 inches in height. No other garden or retaining walls may be located within three feet of a retaining wall. Measurement shall be from the lowest adjacent grade.

==> picture [264 x 201] intentionally omitted <==

d.

The height of a rear or side residential fence(s), wall(s), or hedge(s) may be increased for up to two additional feet for properties abutting arterial street(s) or a residentially zoned property adjacent to a commercially or industrially zoned property. Any change in fence or wall height must be consistent with the existing design theme, colors, and materials.

B.

Exclusions. Section A above shall not apply to the following:

1.

Public utility facilities, including but not limited to poles;

2.

Signs, fountains, or lights;

3.

Trees or other vegetation within the TSSA, the front yard setback, or the public right-of-way, which are required to be trimmed to the trunk to a line at least six feet above the top of the nearest street curb;

4.

In the TSSA, saplings or plants, not planted or maintained in the form of a hedge, which provide during all seasons a clear view through them;

5.

Supporting members of appurtenances to permanent buildings approved prior to August 20, 1986;

6.

Freestanding poles where the pole does not exceed 19 inches in circumference;

7.

Official traffic control devices; and

8.

U.S. Postal Service approved mailboxes and supports.

C.

Governmental law or regulation. The provisions of this Section shall not apply to fences, walls, and hedges required by a law or regulation of a governmental agency.

D.

Restricted fence materials. The use of chain link, barbed wire, electrified fence, or razor wire in conjunction with any fences, walls, and hedges, or by itself within any residential zone, is prohibited unless required by a law or regulation of a governmental agency.

E.

Gated entrance setback. Notwithstanding any other provision of this Development Code, all gates for vehicles on driveways or roadways must be set back a minimum of 20 feet from the property line, except for side or rear access gates in residential zones that do not abut arterial or collector streets. Vehicle gates must comply with the following standards:

1.

Vehicle gates must not abut any Landscape Maintenance District, landscaping easement, no-access easement, or encroach on any Homeowner's Association (HOA)-maintained landscaping easement;

2.

Vehicle gates must lead to an approved parking space;

3.

A Zoning Clearance and Encroachment Permit (if a new driveway approach is required) must be obtained; and

4.

Vehicle gates must be designed and installed to not open into the public right-of-way.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by Exh. A, Ord. 1147, eff. August 20, 2009; § 2 (Exh. A), Ord. No. 1179, eff. December 8, 2011, § 2 (Exh. A), Ord. No. 1183, eff. March 15, 2012, and § 3(Exh. A), Ord. No. 1353, effective December 18, 2023)

A.

Purpose. This Section describes the required methods for measuring the height of structures in compliance with the height limits established by this Development Code, and exceptions to those height limits.

B.

Maximum height of structures. The height of each structure shall not exceed the height limit established for the applicable zoning district by Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), or a height limit established for a specific land use or structure by Article 4 (Standards for Specific Land Uses) except as otherwise provided by this Section.

C.

Height measurement. The maximum allowable height shall be measured as the vertical distance from the average of the highest and lowest points of the portion of the site adjacent to the building, whether natural or paved surface, to the topmost point of the structure, excluding chimneys or vents. See Figure 3-4.

==> picture [348 x 139] intentionally omitted <==

Figure 3-4. Height Measurement

D.

Exceptions to height limits.

1.

Roof structures (including mechanical penthouses, chimneys, vents) may exceed the height limits required by the applicable zoning district provided that no additional floor space for the principal use is thereby created.

2.

The height of an existing residence or residential accessory structure may be increased up to 10% in height, when it is in the Valley Floor, the site is developed as a detached single-family use, the roof has a minimum slope of 25% (3:12), and the slope increases in height from all property lines.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 2 (part), Ord. 1110, eff. April 6, 2007 and § 2 (Exh. A), Ord. No. 1183, eff. March 15, 2012)

All new utility equipment and appurtenances to be installed in conjunction with any new application for development project approval shall be completely screened from public view. Each applicant shall submit a Conceptual Utility Screening Program as part of any new development project application.

(§ 5, Ord. 1085, eff. January 6, 2006)

9-30.080 - Setback and Separation Requirements and Exceptions

A.

Purpose. This Section provides standards for the use and minimum size of setbacks. These standards provide open areas around structures for: visibility and traffic safety; access to and around structures; access to natural light, ventilation and direct sunlight; separation of incompatible land uses; and space for privacy, landscaping and recreation.

B.

Setback requirements.

1.

General requirement. Each structure shall comply with the setback requirements of the applicable zoning district, and with any setbacks established for specific uses by this Article, except as otherwise provided by this Section. No portion of a structure, including eaves or roof overhangs, shall extend beyond a property line; or into an access easement or street right-of-way, without first being authorized by an Encroachment Permit.

2.

Distance between structures on the same lot (interior setbacks). The minimum distance between structures on the same lot shall be six feet as measured between the closest exterior walls and/or columns, except that no principal structure shall be placed closer than 10 feet to any other principal structure; if more than one story, minimum distance shall be twenty (20) feet.

C.

Measurement of setbacks. Setbacks shall be measured as follows, provided that whenever this Development Code refers to a setback distance from a street, and the street in question is a public street, the setback shall be measured from the ultimate right-of-way width as shown in the General Plan. See Figure 3-5. In the case of a site with a perimeter wall, the property lot line shall be presumed to be the perimeter wall, unless shown otherwise by a surveyor.

==> picture [295 x 237] intentionally omitted <==

Figure 3-5. Location and Measurement of Setbacks

1.

Front setback. A required front setback shall be measured into a lot from the front property line (or edge of the right-of-way where the property line is at the center of the street), extending the full width of the lot between the side lot lines intersecting the front lot line.

Street side yard setback. A required street side setback shall be measured into a lot from any side property line (or edge of the right-of-way where the property line is at the center of the street) that abuts a street, extending between the front and rear setbacks.

3.

Side setback. A required interior side setback shall be measured into a lot from a side lot line, extending between the front and rear setbacks.

4.

Rear setback. A required rear setback shall be measured into a lot from the rear lot line, extending between the side lot lines intersecting the rear lot line; provided that:

a.

For lots having no defined rear lot line, the rear setback shall be measured into the lot from the rearmost point of the lot depth to a line parallel to the front lot line; and

b.

In computing the depth of a rear setback for any lot abutting an alley, the setback may be measured from the midpoint of the rear alley.

5.

Flag lot setbacks. In the case of a flag lot, the required setbacks shall be measured from the applicable front, rear, and sides of the lot as shown in Figure 3-6.

==> picture [312 x 268] intentionally omitted <==

Figure 3-6. Flag Lot Setbacks

D.

Setbacks for architectural features and accessory structures. Architectural features and accessory structures require the following setbacks as listed in Table 3-2.

TABLE 3-2 - SETBACKS FOR ARCHITECTURAL FEATURES AND ACCESSORY STRUCTURES

• Accessory structures shall not cover more than 40 percent of any required yard except for Accessory Dwelling Units which are subject to yard coverages as outlined in Section 9-44.160

** Also see Section 9-24.050, Table 2-3, Notes (4), (5), and (6), for setback reductions adjacent to common and open space areas.

• Requires an open area in the rear yard setback, per Section 9-24.050.C.2

++ Allowed on residential lots 20,000 square feet or greater, or with an A, L, or H Overlay, pursuant to Section 9-44.070(C)(1)(b).

==> picture [420 x 329] intentionally omitted <==

==> picture [408 x 156] intentionally omitted <==

E.

Use of required setbacks.

1.

No yard or other open space abutting any building for the purpose of complying with the regulations of this Chapter shall be considered as providing a yard or open space for any other building or structure, unless approved by the Commission.

2.

Notwithstanding other limitations, all required yards may be used for landscaping, walkways and driveways.

3.

On a corner lot, no building shall be placed within a Traffic Safety Sight Area.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 2 (part), Ord. 1110, eff. April 6, 2007; § 2 (Exh. A), Ord. No. 1183, eff. March 15, 2012; § 2 (Exh. A), Ord. No. 1282, eff. December 11, 2017; and § 2(Exh. A), Ord. No. 1289, eff. July 5, 2018; § 2(Exh. A), Ord. No. 1315, effective October 19, 2020; § 2(Exh. A), Ord. No. 1316, effective December 3, 2020; § 2(Exh. A), Ord. No. 1341, eff. July 14, 2022 and § 2(Exh. A), Ord. No. 1351, effective July 17, 2023)

Existing and new overhead utility facilities shall be converted to, or installed as, underground utilities in compliance with this Section.

A.

Applicability. No Zoning Clearance shall be issued for any construction of a new structure or land development unless the applicant's plans comply with the provisions of this Section.

B.

Definitions. Definitions of the technical or specialized terms and phrases used in this Section may be found in Article 8.

C.

Requirements for undergrounding. All utilities servicing a new structure or servicing any existing structure located on the same parcel of land as a new structure shall be installed or relocated underground, except as otherwise exempted in this Section. Relocation of existing overhead utility service to an off-site location is not permitted.

Utility lines, such as electric distribution (under 33,000 volts), communications, street lighting and cable television, shall be placed underground by the applicant, who shall make the necessary arrangements with the utility companies for the installation of such facilities. Existing utility poles on the project site shall be removed and undergrounding of all overhead service not directly affecting service to adjacent sites shall be accomplished to the nearest existing off-site pole as determined by the City Engineer. New poles may be set only in special instances where no other feasible solution is available as determined by the utility company.

D.

Exemptions from undergrounding requirements. The following types of facilities are exempt from the undergrounding requirements of this Section.

1.

Poles, overhead wires and associated utility services used for electricity transmission at a nominal voltage of 33,000 volts or higher.

2.

Appurtenant structures and equipment, including surface mounted transformers, pedestal-mounted terminal boxes and meter cabinets.

3.

Temporary poles, overhead wires and associated utility services used or to be used in conjunction with construction projects.

4.

Temporary poles, overhead wires and associated utility services for a temporary use, when a Temporary Use Permit has been issued, and when the permit requires removal of the temporary utility service upon completion of the temporary use.

5.

Public utilities doing work governed by the rules, regulations and tariffs of the California Public Utilities Commission.

6.

Emergency poles, overhead wires, and utility services to be installed and maintained for a period not to exceed 10 days, with the approval of the City Engineer.

7.

Whenever an undergrounding utility district has already been formed or is projected to be formed in compliance with Municipal Code Title 7, Chapter 4, Section 7 4.01 et seq.

8.

Whenever an unreasonable hardship has been established by the Planning Commission in compliance with Subsection F.

E.

In-lieu fee. When a project does not qualify for one of the exemptions listed in Subsection D, above, and the Commission has granted relief from undergrounding in conjunction with a request for construction under Subsection F, an in-lieu fee may be established based on front footage costs estimated by the Southern California Edison Company. The City Engineer shall collect the in-lieu fees and manage and adjust the fees for inflation as deemed necessary.

F.

Hardship waiver - In-lieu fees. If the cost of placing utility services underground is so great as to constitute an unreasonable hardship, the property owner, subject to the undergrounding requirement, may apply in writing to the approving body for relief from the provisions of this Section. The request shall include a detailed description of the overhead utility services proposed to be placed underground and separate

itemized cost estimates of construction of the project if the utilities were placed or relocated underground or above ground.

1.

Unreasonable hardship findings. After considering the request for relief, the approving body may grant relief as may be deemed proper under the circumstances, including the imposition of in-lieu fees or the indefinite deferral of the undergrounding requirement. The approving body may grant this relief only if the approving body makes all of the following findings, each of which are supported by substantial facts:

a.

The cost of undergrounding utilities exceeds 20 percent of the total project cost, including all on- and offsite improvements and structures, with valuation to be determined using the currently adopted valuation tables of the Building Official and the Public Works Department;

b.

No new utility poles are to be erected;

c.

There is another overhead utility service in the immediate vicinity which would remain even if no waiver is granted; and

d.

The grant of approval would not be inconsistent with the intent and purposes of this Chapter.

2.

Deferral. The approving body may grant a deferral of the requirements to underground utilities, by requiring a deed restriction to be recorded against the property concurrent with recordation of the final map or prior to issuance of a zoning clearance. The deed restriction will require the current or future property owner to accept any future assessment proceedings for undergrounding the existing onsite overhead utilities. This deferral may only be granted by the approving body if the undergrounding of existing overhead utility services would require the installation of more guy poles than the number of existing utility poles required to be removed. The determination regarding the need for additional guy poles shall be verified by the appropriate utility company.

3.

Appeal of approving body decision. Any decision of the approving body concerning a hardship waiver request under this Section may be appealed by any interested person in compliance with Chapter 9-76 (Appeals), and as follows.

a.

Appeal requirements. The appeal shall contain the following information:

(1)

A detailed description of the overhead utility services proposed to be placed underground;

(2)

A separate itemized cost estimate for: the construction valuation of the project certified by the Building Official; the construction costs of the utilities to be placed underground; and, if applicable, the construction costs of utilities to be relocated above ground; and

(3)

The grounds for the appeal.

b.

Granting of the appeal. Upon consideration of the appeal, the appeal body may grant relief as it may deem proper under the circumstances, including indefinite deferral of the undergrounding requirement. The appeal may be granted if the appeal body is able to make all of the findings of Subsection (F)(1), each of which is supported by substantial facts.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 2 (part), Ord. 1110, eff. April 6, 2007)

Chapter 9-31 - Density Bonus/Affordable Housing Provisions[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 1157, adopted June 21, 2010, eff. July 22, 2010, repealed the former Chapter 9- 31, §§ 9-31.010—9-31.070, and enacted a new Chapter 9-31 as set out herein. The former Chapter 9-31 pertained to similar subject matter and derived from Ord. No. 1085, eff. January 6, 2006.

The purpose of this Chapter is to identify the standards and regulations under which density bonuses and other incentives may be offered by the City to developers of Housing Development projects in compliance with State Law (Government Code Section 65915 et seq.). Neither State Law nor this Chapter require the provision of direct financial incentives for housing development, including the provision of publicly owned land, or the waiver of fees or dedication requirements.

(Exh. A, Ord. 1157, eff. July, 22, 2010)

9-31.020 - Density Bonus, Incentives and Concessions, Waivers

A.

Granting of density bonus.

Density Bonus. When a developer agrees to build a Housing Development, the City shall grant a density bonus based upon the following table:

2.

Additional Density. Density bonus in excess of the maximum specified in Section A.1 above is at the sole discretion of the City Council and may be approved only for housing developments affordable to low- and very low-income households upon the applicant demonstrating to the City Council that the project includes additional project benefits such as those included in the following non-exclusive list. However, in no event shall the total density of the site, including density bonus units, exceed 45 dwelling units per acre for nonage restricted housing developments and 50 dwelling units per acre for age restricted housing developments.

a.

The project is designed to a minimum of Leadership in Energy and Environmental Design (LEED) Silver standards.

b.

The project is ¼ mile or less from a transit stop.

c.

The project provides 50% or more of its paving surfaces as permeable.

d.

Trees are selected to be summer shading and planted in locations that achieve energy efficiencies through reducing the heat island effect by shading a minimum of 30% of paved surfaces at five years growth.

e.

There is at least a 25% increase in outdoor common areas and recreational space above that which would be required in the offset of a Cluster Development Permit.

f.

All units include at least 300 cubic feet of storage area by increasing the garage size over the minimum size required by the City's Development Code or providing private accessory storage areas.

g.

A community room of no less than 400 square feet is provided on-site.

3.

General Provisions.

a.

The applicant can select from only one of the income categories for which they seek a bonus density. The applicant cannot combine bonuses from different income categories.

b.

When calculating the number of permitted bonus or affordable units, any calculations resulting in fractional units must be rounded to the next larger whole number.

c.

The density bonus units may not be included when determining the number of affordable units necessary to qualify for a density bonus.

[As an example, a residential project for which a density of 100 dwelling units would otherwise be allowable under the zoning will qualify for a 20% density bonus by providing 10% or 10 dwelling units as affordable to low-income households. With the density bonus, the total project size will be 120 dwelling units, of which 10 dwelling units must be affordable to low-income households, and 20 dwelling units are the density bonus units.]

d.

An applicant may request a lesser density bonus than the bonus to which a project is entitled, but no reduction will be permitted in the number of affordable units required.

e.

The granting of any density bonus, incentive, or concession shall not in and of itself require the need for a general plan amendment, zone change, or other discretionary approval.

f.

Applicants shall ensure continued affordability and/or age restrictions of units as follows:

i.

The developer shall enter into a written Affordable Agreement or Senior Agreement with the City to either ensure continued affordability of the units or to maintain the availability of all senior units for a period of not less than 55 years.

ii.

Rents for the low-income units shall be set at an affordable rent.

iii.

Owner-occupied affordable units shall be available at an Affordable Housing Cost.

g.

When an applicant for a residential development approval donates land to the City for affordable housing, the housing development may be eligible for an additional density bonus, as specified in Government Code Section 65915(g).

h.

A residential development which contains the requisite number of affordable units pursuant to the requirements of this Chapter and which contains a childcare facility may be eligible for an additional density bonus or incentive, as specified in Government Code Section 65915(h).

i.

Condominium conversions qualifying as a Housing Project and containing the requisite number of affordable units may be eligible for a density bonus or incentive as specified in Government Code Section 65915.5.

B.

Granting of Incentives or Concessions.

1.

Quantity of Incentives or Concessions. When a developer agrees to build a housing development, the City shall grant incentives or concessions based upon the following table:

2.

Types of Concessions/Incentives. The following is an exclusive list of the concessions/incentives that may be requested:

a.

Up to a 20% reduction in any of the following setbacks (each reduction is one concession):

i.

Front yard setback.

ii.

Rear yard setback.

iii.

Side yard setback.

iv.

Accessory structure setback.

b.

Up to a 20% increase in the maximum allowed building height.

c.

Up to a 20% decrease in on-site allowed structure separation (each individual building separation is one concession).

d.

Up to a 20% decrease in minimum lot sizes.

e.

Increase in allowed duplex units up to a maximum of 40% of the total number of units in the project.

f.

Up to a 10% reduction in the required length of the driveway in front of the required garage parking.

g.

Up to a 20% reduction in the required rear open yard area.

h.

Up to a 20% increase in the maximum front yard paved area.

3.

Decline to Grant. The City may decline to grant a requested incentive or concession if written findings based upon substantial evidence are made by the City Council stating any of the following:

a.

The incentive or concession is not necessary in order to provide for affordable housing costs or affordable rents for the targeted units as defined in State Law.

b.

The concession or incentive would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

c.

The concession or incentive would have an adverse impact on any real property that is listed in the California Register of Historical Resources.

d.

The concession or incentive would be contrary to State or Federal Law.

C.

Waivers. An applicant may submit to the City a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a housing development meeting the criteria of Section 9-31.020.A.1 of this Chapter, exclusive of any additional density bonus that may be granted under Section 9-31.020.A.2, or with the concession or incentives permitted under Section 9-31.020.B of this Chapter, and may request a meeting with the City. Projects only qualify for a waiver if no feasible design alternatives or product types are available to construct the housing development in compliance with the development standard(s) requested to be waived. The City may decline to grant a requested waiver if:

The development standard for which a waiver is requested does not physically preclude the construction of the development of the project at the density allowed by Section 9-31.020.A.1 of this Chapter (exclusive of any additional density bonus allowed under Section 9-31.020.A.2 of this Chapter) or this allowed density can be obtained by altering the site design or product type proposed by the applicant;

2.

The waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;

3.

The waiver or reduction of a development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or

4.

The waiver or reduction would be contrary to State or Federal Law.

(Exh. A, Ord. 1157, eff. July, 22, 2010)

The procedures identified below contain information and requirements necessary for the submittal and evaluation of proposed affordable housing developments:

A.

Application. Applicants for bonus density shall submit to the City an application for an affordable or senior housing development. The application shall include all requested information, documentation, fees, and signatures before acceptance for review.

B.

Required contents.

1.

Proof of site ownership/control or property owner's signature or Power of Attorney; and

2.

A complete pro forma for the proposed project. The required information shall be prepared in compliance with generally accepted accounting standards and shall include all information deemed necessary by the City for thorough evaluation of the proposal. The City may require the services of specialized financial consultants to review and corroborate the data in the pro forma and analysis. The applicant will be liable for all staff costs incurred in reviewing the documentation as well as those specified in the Schedule of Service Charges on file with the Department of Environmental Services.

(Exh. A, Ord. 1157, eff. July, 22, 2010)